HomeMy WebLinkAboutCC 1991-01-24 MinutesCITY OF MIAMI
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* I NCORPRORATE1)
18 96
OF MEETING HELD ON JANUARY 24, 1991
PREPARED BY THE OFFICE OF THE CITY CLERIC
CITY HALL
MATTY HIRAI
City Clerk
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El
INDEX
MINUTES OF REGULAR MEETING
JANUARY 24, 1991
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
PRESENTED
1
SPECIAL ITEMS.
1/24/91
(A) LUIS CABRERA - MOST OUTSTANDING
OFFICER OF DECEMBER 1990.
1.A
COMMEND AND SUPPORT PRESIDENT GEORGE
R 91-67
1-3
BUSH FOR ACTION TAKEN AGAINST IRAQ -
1/24/91
SUPPORT AND COMMEND ARMED FORCES -
ACKNOWLEDGE RESTRAINT OF ISRAEL - BRIEF
COMMENTS BY MOSHE LIBA, ISRAELI
AMBASSADOR.
1.B
COMMEND U.S. ARMY GENERAL COLIN POWELL,
R 91-68
3-4
CHAIRMAN OF THE JOINT CHIEFS OF STAFF,
1/24/91
DEPARTMENT OF DEFENSE, FOR HIS MILITARY
SKILL AND PROFESSIONALISM CONCERNING
PERSIAN GULF CONFLICT.
1.0
GRANT REQUEST BY A COALITION OF
R 91-69
4-6
COMMUNITY ORGANIZATIONS FOR CLOSURE OF
DISCUSSION
DESIGNATED STREETS CONCERNING A RALLY
1/24/91
IN SUPPORT OF AMERICAN AND ALLIED
TROOPS IN THE PERSIAN GULF.
1.1) BRIEF COMMENTS BY COMMISSIONER
DAWKINS SUPPORTING FLYING THE AMERICAN
FLAG BY CITY WORKFORCE.
1.E
DECLARE THAT ALL CITY EMPLOYEES WHO ARE
R 91-70
6-8
MEMBERS OF U.S. MILITARY RESERVE OR
1/24/91
FLORIDA NATIONAL GUARD AND WHO ARE
ORDERED TO REPORT FOR ACTIVE MILITARY
DUTY IN PERSIAN GULF CONFLICT RECEIVE
DIFFERENCE BETWEEN MILITARY PAY AND
THEIR CITY SALARY.
2.
URGE DEPARTMENT OF OFF-STREET PARKING
M 91-71
9-10
TO FAVORABLY CONSIDER REQUEST FROM DR.
1/24/91
MANUEL OCHOA FOR A FEE WAIVER AT GUSMAN
CENTER FOR MIAMI SYMPHONY ORCHESTRA
CONCERTS.
3.
APPROVE REQUEST FOR WAIVER OF RENTAL
R 91-72
10-11
FEE FOR USE OF MARINE STADIUM FOR A
1/24/91
NANCY WILSON CONCERT.
4.
RESCIND RESOLUTION 90-785, WHICH
R 91-73
11-15
AUTHORIZED ISSUANCE OF RFPs TO FURNISH
1/24/91
TOWING / WRECKER SERVICES TO THE CITY -
REJECT ANY BIDS ALREADY RECEIVED AND
START PROCESS ANEW.
s 5.
BRIEF DISCUSSION CONCERNING REQUEST BY
DISCUSSION
15-16
THE DOMINICAN AMERICAN CHAMBER OF
1/24/91
COMMERCE FOR RENTAL FEE WAIVER FOR USE
OF BAYFRONT PARK CONCERNING A SCHEDULED
EVENT - REFER TO CITY MANAGER.
1w
6.
REFER TO CITY MANAGER REQUEST RECEIVED
DISCUSSION
16-18
FROM JOE NESBITT IN JOINT VENTURE WITH
1/24/91
THE URBAN LEAGUE (INDOMITABLES) FOR
FUNDING ASSISTANCE IN CONNECTION WITH
CONSTRUCTION OF AN APARTMENT BUILDING
AT N.W. 7 AVENUE BETWEEN 58 AND 59
STREETS.
7.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
19-23
(MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN)
10827
FUTURE LAND USE MAP - CHANGE LAND USE
1/24/91
DESIGNATION AT BLOCK BOUNDED BY S.W. 7
& 8 STREETS AND S.W. 42 & 43 AVENUES
FROM SINGLE FAMILY RESIDENTIAL AND
RESTRICTED COMMERCIAL TO GENERAL
COMMERCIAL (Applicants: Anthony J.
Abraham and Raymond & Dorothy Ball).
8.
SECOND READING ORDINANCE; AMEND 9500
ORDINANCE
23-24
ATLAS - CHANGE DESIGNATION AT BLOCK
10828
BOUNDED BY S.W. 7 & 8 STREETS AND S.W.
1/24/91
42 & 43 AVENUES FROM RS-2/2 ONE FAMILY
DETACHED RESIDENTIAL (FOR LOTS 25 & 26-
33); RE-2/4 GENERAL RESIDENTIAL (FOR
LOT 34); CR-2/7 RESIDENTIAL COMMERCIAL
(FOR LOTS 1-23 & 24; AND CR-3/7
RESIDENTIAL COMMERCIAL (GENERAL) (FOR
LOTS 1-5, 35-37 & 38) - ALL TO CG-1/7
GENERAL COMMERCIAL (Applicants: Anthony
J. Abraham and Raymond & Dorothy Ball).
9.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
24-25
ATLAS - CHANGE DESIGNATION AT BLOCK
10829
BOUNDED BY S.W. 7 & 8 STREETS AND S.W.
1/24/91
42 & 43 AVENUES FROM R-1 SINGLE FAMILY
RESIDENTIAL WITH SD-12 BUFFER OVERLAY
—
DISTRICT (FOR LOTS 25 & 26-33); R-3
MULTI -FAMILY OVERLAY DISTRICT (FOR LOT
34); AND C-1 RESTRICTED COMMERCIAL (FOR
LOTS 1-23, 24, 35-37 & 38 - ALL TO C-2
LIBERAL COMMERCIAL (Applicants: Anthony
J. Abraham and Raymond & Dorothy Ball).
10.
SECOND READING ORDINANCE: AMEND 10544
ORDINANCE
25-26
(MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN)
10830
FUTURE LAND USE MAP - CHANGE LAND USE
1/24/91
DESIGNATION AT 102-170 S.W. 7 STREET &
701-721 S.W. 2 AVENUE FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL
(Applicant: Planning, Building & Zoning
Dept.).
11.
SECOND READING ORDINANCE: AMEND 11000
ORDINANCE
26-27
ATLAS - CHANGE DESIGNATION AT 102-170
10831
S.W. 7 STREET & 701-721 S.W. 2 AVENUE
1/24/91
FROM C-1 RESTRICTED COMMERCIAL TO C-2
LIBERAL COMMERCIAL (Applicant:
Planning, Building & Zoning Dept.).
12.
FIRST READING ORDINANCE: AMEND 9500
ORDINANCE
27-34
ATLAS - CHANGE DESIGNATION AT 1400 N.W.
FIRST READING
10 AVENUE FROM 0I/7 OFFICE -INSTITUTION
1/24/91
TO 0I/9 OFFICE INSTITUTIONAL
(Applicant: West Brighton Assoc.).
01
13.
FIRST READING ORDINANCE: AMEND 10544
ORDINANCE
35-38
(MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN)
FIRST READING
FUTURE LAND USE MAP - CHANGE LAND USE
1/24/91
DESIGNATION AT 302-312 N.W. 9 AVENUE
FROM MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL TO MAJOR PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES
(Applicant: Victoria Hospital).
14.
FIRST READING ORDINANCE: AMEND 11000
ORDINANCE
38-39
ATLAS - CHANGE DESIGNATION AT 302-312
FIRST READING
N.W. 9 AVENUE FROM R-3 MULTIFAMILY
1/24/91
MEDIUM DENSITY TO G/I GOVERNMENT AND
INSTITUTIONAL (Applicant: Victoria
Hospital).
15.
AUTHORIZE RECEIPT OF PRIVATE DONATIONS
R 91-74
39-40
FOR CONSTRUCTION OF A RESTROOM BUILDING
1/24/91
AT RIVERSIDE PARK UNDER THE PRIDE IN
MIAMI PARKS ADOPT -A -PARK PROGRAM.
16.
REQUEST ADMINISTRATION TO REPORT ON WHY
DISCUSSION
40-41
PARK RESTROOMS ARE CLOSED ON WEEKENDS.
1/24/91
17.
(A) DENY APPEAL BY VERONICA NAGYMIHALY
R 91-75
41-66
OF ZONING BOARD'S DENIAL OF PRIOR
DISCUSSION
APPEAL REGARDING ZONING ADMINISTRATOR'S
1/24/91
DECISION ADDRESSING QUESTIONS RAISED ON
CONSTRUCTION AND USES FOR PROPERTY AT
2500 N.W. 22 AVENUE (LIVE OAK
CONVALESCENT HOME) (ZIPES SUBDIVISION)
(See companion item: label 18.)
(B) BRIEF COMMENTS CONCERNING UPCOMING
ORDINANCE INSTITUTING REGISTRATION FEES
FOR CITY LOBBYISTS.
(C) REQUEST CITY MANAGER TO REPORT
BACK ON THE STATUS OF REQUIREMENTS
UNDER TEMPORARY CERTIFICATE OF
OCCUPANCY (TCO) ISSUED TO RABIN MARINA
ON RICKENBACKER CAUSEWAY.
18.
(A) DISCUSSION CONCERNING APPEAL BY
DISCUSSION
66-81
METROPOLITAN DADE COUNTY OF ZONING
R 91-76
BOARD'S MODIFICATION OF A DECISION BY
R 91-77
ZONING ADMINISTRATOR REGARDING
R 91-78
LANDSCAPE REQUIREMENTS AT 2500 N.W. 22
1/24/91
AVENUE (LIVE OAK CONVALESCENT HOME).
(B) RESCIND RESOLUTION 90-910 WHICH
DEALT WITH LANDSCAPING ASPECT AND
REQUIRED A DECORATIVE ALUMINUM FENCE.
(C) APPROVE NOVEMBER 1, 1990 SASAKI
LANDSCAPING PLAN, AMENDED ONLY AS TO
REQUIREMENT FOR A DECORATIVE MASONRY
WALL.
(D) PARTIALLY DENY APPEAL BY
METROPOLITAN DADE COUNTY - MODIFY
ZONING BOARD'S DECISION REGARDING
LANDSCAPE REQUIREMENTS AT 2500 N.W. 22
AVENUE (ZIPES SUBDIVISION) (See
companion item: label 17.)
19.
REQUEST ADMINISTRATION TO REPORT ON
DISCUSSION
81
DELAY OF DEDICATION OF BALLET CONCERTO
1/24/91
BY LATIN STARS ON S.W. 8 STREET.
20.
VICE MAYOR PLUMMER ALERTS CITY
DISCUSSION
81-82
COMMISSION ON INTRICACY OF NEWLY -PASSED
1/24/91
ETHICS COMMISSION GIFT LAW.
1
21. (A) DISCUSSION CONCERNING RAMPANT CRIME
DISCUSSION
IN DIFFERENT AREAS OF THE CITY -
1/24/91
REQUEST CITY MANAGER TO REPORT BACK IN
30 DAYS WITH RECOMMENDATIONS.
(B) DISCUSSION CONCERNING ATLANTA'S
ONGOING RED DOG CRIME PROGRAM - REQUEST
CITY MANAGER TO INVESTIGATE.
(C) DISCUSSION CONCERNING THE HOMELESS
PROBLEM IN THE CITY, PARTICULARLY IN
LUMMUS PARK AREA.
(D) REQUEST CITY MANAGER TO INFORM
COMMISSION ON NUMBER OF TAKE-HOME CARS
IN EACH CITY SECTOR AND TOTAL NUMBER OF
MILES DRIVEN BY EACH OFFICER IN TAKE-
HOME CARS.
22. DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION
RESOLUTION FOR REVIEW OF SPECIAL
1/24/91
EXCEPTION GRANTED BY ZONING BOARD TO
PERMIT A DRIVE -THROUGH FACILITY FOR
REPUBLIC NATIONAL BANK AT 2750 N.W. 7
STREET (GROSSE POINTE HIGHLANDS)
(Applicant: Kebra Enterprises, Inc.)
(See label 31).
23. CONFIRM CITY COMMISSION POLICY, AS M 91-79
EXPRESSED IN RESOLUTION 89-199, FOR 1/24/91
APPROVAL OF WATSON ISLAND MASTER PLAN,
PROVIDING FOR A TUNNEL FROM THE PORT OF
MIAMI, UNDER GOVERNMENT CUT, EMERGING
INTO MACARTHUR CAUSEWAY / I-395.
24. INSTRUCT ADMINISTRATION TO DRAFT AN M 91-80
ORDINANCE TO DISCONTINUE SUNDAY SALES 1/24/91
OF LIQUOR AT PACKAGE LIQUOR STORES
WITHIN CITY LIMITS - REPEAL 10722.
25. GRANT MAJOR USE SPECIAL PERMIT TO ALLOW R 91-81
CONSTRUCTION AND OPERATION OF A DAY 1/24/91
CARE FACILITY IN ALLAPATTAH MINI PARK
(with provisos).
26. APPOINT INDIVIDUALS TO SERVE ON THE R 91-82
PLANNING ADVISORY BOARD (Appointed 1/24/91
were: Carlos J. Arboleya, Jr., Wilfredo
Gort, Quinton L. Hedgepeth & Pedro
Alicio Lopez).
27. APPOINT INDIVIDUALS TO SERVE ON THE
R 91-83
ZONING BOARD (Appointed were: Lorenzo
1/24/91
Lorenzo Luaces, Manuel Alonso Poch,
Rev. Ronald N. Fox and Olga Perez
Nodal).
28. DENY PROPOSED FIRST READING ORDINANCE
M 91-84
AMENDING 10544 (MIAMI COMPREHENSIVE
1/24/91
NEIGHBORHOOD PLAN), FUTURE LAND USE
MAP, WHICH WOULD HAVE CHANGED
DESIGNATION AT 3729-49 N.W. 24 AVENUE
FROM MODERATE DENSITY RESIDENTIAL TO
GENERAL COMMERCIAL (Applicants:
Orlando & Delfina de los Reyes).
29. DENY PROPOSED FIRST READING ORDINANCE
M 91-85
AMENDING 11000 ATLAS, WHICH WOULD HAVE
1/24/91
CHANGED DESIGNATION AT 3729-49 N.W. 24
AVENUE FROM R-3 MULTI -FAMILY MEDIUM
DENSITY RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL (Applicants: Orlando &
Delfina de los Reyes.)
82-89
89-104
105-108
108-111
112-127
128-130
131-132
132-139
140
30.
(A) DISCUSS AND CONTINUE PROPOSED FIRST
M 91-86 141-175
READING ORDINANCE AMENDING 10544 (MIAMI
M 91-87
COMPREHENSIVE NEIGHBORHOOD PLAN),
1/24/91
FUTURE LAND USE MAP BY CHANGING
DESIGNATION AT 2557-2613 S.W. 1 STREET
FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL (Continue to meeting of
February 28th) Applicants: Cruz & Cruz
and William Randle).
(B) DISCUSS AND CONTINUE PROPOSED
FIRST READING ORDINANCE AMENDING 11000
ATLAS BY CHANGING DESIGNATION AT 2557-
2613 S.W. 1 STREET FROM R-2 TWO FAMILY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL (Continue to meeting of
February 28th) (Applicants: Cruz & Cruz
and William Randle).
31.
(Continued Discussion) AFFIRM ZONING
R 91-86 175-177
BOARD'S GRANTING OF SPECIAL EXCEPTION
1/24/91
TO PERMIT A DRIVE -THROUGH FACILITY FOR
REPUBLIC NATIONAL BANK AT 2750 N.W. 7
STREET (GROSSE POINTE HIGHLAI.TDS), WITH
PROVISOS (Applicant: Kebra Enterprises,
Inc.) (See label 22).
32.
CONTINUE CONSIDERATION OF APPEAL BY
DISCUSSION 178-180
COCONUT GROVE CIVIC CLUB OF ZONING
1/24/91
BOARD'S REVERSAL OF DECISION BY ZONING
ADMINISTRATOR THAT AN APPLICATION BY
DEGARMO PARTNERSHIP LIMITED BEFORE THE
HERITAGE CONSERVATION BOARD CONCERNING
PROPERTY AT 3952 DOUGLAS ROAD DID NOT
MEET REQUIREMENTS (Continue to meeting
of February 28th).
33.
BRIEF COMMENTS CONCERNING WITHDRAWAL BY
DISCUSSION 181
APPLICANT OF PZ-36. (WITHDRAWN ITEM WAS
1/24/91
AN APPEAL BY VIRGILIO PEREZ [UPDATE
CONSULTANTS INC.] OF ZONING BOARD'S
DENIAL OF VARIANCE TO ALLOW
CONSTRUCTION OF 34-UNIT RESIDENTIAL
BUILDING AT 1402 SOUTH BAYSHORE DRIVE)
34.
FIRST READING ORDINANCE: AMEND 9500
ORDINANCE 181-182
ATLAS - CHANGE DESIGNATION AT 720 N.E.
FIRST READING
69 STREET FROM RG-2/5 GENERAL
1/24/91
RESIDENTIAL TO RG-2/6 GENERAL
RESIDENTIAL (Applicant: Palm Bay Club
Towers).
35.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION 183-185
SECOND READING ORDINANCE AMENDING 10544
1/24/91
(MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN)
BY AMENDING GOALS, OBJECTIVES AND
POLICIES AS TO FUTURE LAND USE;
INTERPRETATION OF FUTURE LAND USE MAPS;
HOUSING; SANITARY AND STORM SEWERS,
etc. (Applicant: Planning, Building &
Zoning Dept.) (See label 42).
36.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION 185-187
SECOND READING ORDINANCE AMENDING 10544
1/24/91
(MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN)
FUTURE LAND USE PLAN MAP, BY CHANGING
LAND USE DESIGNATIONS AFFECTING
APPROXIMATELY FIVE PERCENT OF THE TOTAL
LAND AREA OF THE CITY (Applicant:
Planning, Building & Zoning Dept.)
Discussion regarding Clemente Park.
(See label 43).
KI
37. DISCUSS AND CONTINUE PROPOSED SECOND
READING ORDINANCE AMENDING 11000 ATLAS
AT BLOCK BOUNDED BY BISCAYNE BOULEVARD,
N.E. 60 STREET AND N.E. 5 COURT, AND
592 N.E. 60 STREET FROM 0-OFFICE TO GI -
GOVERNMENTAL AND INSTITUTIONAL STREET
FROM 0-OFFICE TO GI -GOVERNMENTAL AND
INSTITUTIONAL (Continue to meeting of
February 28th) (Applicant: Cushman
School).
38. DISCUSS AND CONTINUE PROPOSED FIRST
READING ORDINANCE AMENDING 11000,
ARTICLE 4, ZONING DISTRICTS, PR PARKS
RECREATION AND OPEN SPACE DISTRICT,
PERMITTED USES AND CONDITIONAL
ACCESSORY USE, TO RECOGNIZE EXISTING
MARINAS AND ANCILLARY FACILITIES, C-2
LIBERAL COMMERCIAL DISTRICT, PERMITTED
PRINCIPAL USE, TO ALLOW OCCUPANCY OF
PRIVATE PLEASURE CRAFT AS LIVING
QUARTERS (LIVE ABOARDS), PROHIBITING
PRIVATE PLEASURE CRAFT AS LIVING
QUARTERS IN ALL RESIDENTIAL DISTRICTS
(CONCERNING, ALSO, HOUSEBOATS AND HOUSE
BARGES) - SCHEDULE WORKSHOP (Continue
to meeting of February 28th)
(Applicant: Planning, Building &
Zoning Dept.)
39. DENY APPEAL BY COCONUT GROVE CIVIC
CLUB - AFFIRM ZONING BOARD'S GRANTING
OF VARIANCE TO ALLOW CONSTRUCTION OF
CARPORT IN FRONT OF STRUCTURE AT 1917
TIGERTAIL AVENUE, WITH PROVISOS -
ACCEPT COVENANT (Appellant: Coconut
Grove Civic Club; Applicant: Michael D.
Danaly).
40. DISCUSS AND CONTINUE APPEAL BY
EDGEWATER AREA ASSOCIATION OF ZONING
BOARD'S GRANTING OF SPECIAL EXCEPTION
TO CONSTRUCT AND OPERATE A RESCUE
MISSION AND TRANSIENT FACILITY
(CAMILLUS HOUSE) AT 1801 N.W. MIAMI
COURT (Continue to meeting of February
28th) (Applicants: Randolph Weinsier,
Grace Cantor Maslow and Theresa
Cantor.)
41. (A) DENY APPEAL BY PLANNING
DEPARTMENT - AFFIRM ZONING BOARD'S
GRANTING OF VARIANCE TO ALLOW
CONSTRUCTION OF COMMERCIAL BUILDING AT
1801-1859 BISCAYNE BOULEVARD (TENTATIVE
PLAT CHINATOWN), WITH TIME LIMITATION
ON OBTAINING BUILDING PERMIT - REQUIRE
PERFORMANCE BOND (Applicant: Isaac
Shih).
(B) DIRECT CITY CLERK TO OBTAIN NEW
RECORDING AND PA SYSTEM FOR THE
CHAMBERS - DIRECT ADMINISTRATION TO
INSTALL A PARTITION ACROSS THE CHAMBERS
SEPARATING THE CITY COMMISSION AREA
FROM THE GENERAL SEATING AREA.
DISCUSSION 187-189
1/24/91
M 91-89 190-205
1/24/91
R 91-90 206-211
1/24/91
M 91-91 211-220
1/24/91
R 91-92 220-233
1/24/91
11
42. (Continued Discussion) SECOND READING
ORDINANCE: AMEND 10544 (MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000) - AMEND GOALS, OBJECTIVES AND
POLICIES AS TO FUTURE LAND USE;
INTERPRETATION OF FUTURE LAND USE MAPS;
HOUSING; SANITARY AND STORM SEWERS,
etc. (See label 35).
43. (Continued Discussion) SECOND READING
ORDINANCE: AMEND 10544 (MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000) FUTURE LAND USE PLAN MAP - CHANGE
DESIGNATIONS WHICH AFFECT APPROXIMATELY
FIVE PERCENT OF THE TOTAL LAND AREA OF
THE CITY (See label 36).
ORDINANCE,
10832
1/24/91
ORDINANCE,
10833
1/24/91
233-235
235-237
I . 0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24 day of January, 1991, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:14 a.m, by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Plummer then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) LUIS CABRERA - MOST OUTSTANDING OFFICER OF DECEMBER 1990.
1. Commendation to Miami Police Officer Luis Cabrera for having been selected
as the "Outstanding Officer for the Month of December, 1990."
NOTE FOR THE RECORD: Commissioner Dawkins entered the
meeting at 9:16 a.m.
I.A. COMMEND AND SUPPORT PRESIDENT GEORGE BUSH FOR ACTION TAKEN AGAINST
IRAQ - SUPPORT AND COMMEND ARMED FORCES - ACKNOWLEDGE RESTRAINT OF
ISRAEL - BRIEF COMMENTS BY MOSHE LIBA, ISRAELI AMBASSADOR.
Mayor Suarez: Ambassador Moshe Liba, General Consul, State of Israel.
Ambassador, I know that Commissioner Alonso has a resolution, I believe meets
with your request. But if you would like to say something first and then the
Commissioner might make her motion.
Vice Mayor Plummer: Do we have a copy?
Mayor Suarez: I think she's going to read it.
Ambassador Moshe Liba: Mr. Mayor, Commissioners, it is a great honor to be
invited here by you, and to attend this meeting. Indeed, we have today a very
difficult situation in our region. There is unprovoked attack going on
already for a week against civilian population in Israel. It is an ugly war.
No war is nice. This one especially, because they aim at civilian population,
not at military installations, not to the front line. And, therefore, every
night already for a week, 4 million Jews are going every night into a sealed
1 January 24, 1991
room and wait, maybe the gas will come. This brings back memories of the
holocaust only 50 years ago. The State of Israel applauds the leadership and
the action taken by the United States of America leading a 28 member strong
coalition in order to stop the aggressor. We have shown restraint, and we are
hoping that the free world will manage to stop this aggression. And I thank
you very much on behalf of the population of the State of Israel for the steps
you are taking in order to show your solidarity. Thank you very much.
Mayor Suarez: Ambassador. Would you like to read the resolution as proposed?
I believe it's essentially similar in text to the one that Miami Beach passed
last week.
Commissioner Alonso: Yes. I have a resolution and I couldn't agree more with
the words of Ambassador in reference to what the people in Israel are going
through, especially with the suffering of the people of Israel and the
personal experiences that many of them had to endure. I prepared this
resolution and I'm going to present the members of the Commission in support
of the President and also honoring Israel. And the resolution reads as
follows. THEREUPON, COMMISSIONER ALONSO READ THE RESOLUTION INTO THE PUBLIC
RECORD, BY TITLE ONLY. And I so move.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-67
A RESOLUTION OF THE MIAMI CITY COMMISSION, ON BEHALF
OF THE CITIZENS OF THE CITY OF MIAMI, FLORIDA,
COMMENDING PRESIDENT GEORGE BUSH AS A STATESMAN OF
INTERNATIONAL STATURE, HAVING BROUGHT TOGETHER THE
CIVILIZED NATIONS OF THE WORLD TO JOIN FORCES AGAINST
THE RUTHLESS UNPROVOKED AGGRESSION AND TAKEOVER OF THE
NATION OF KUWAIT BY THE GOVERNMENT OF IRAQ; FURTHER
DECLARING SUPPORT FOR PRESIDENT BUSH AS COMMANDER -IN -
CHIEF OF THE UNITED STATES ARMED FORCES IN HIS
COURAGEOUS ACTIONS TAKEN AGAINST THE GOVERNMENT OF
IRAQ FOR VIOLATING THE SOVEREIGNTY OF A NEIGHBORING
NATION, KUWAIT; SUPPORTING AND COMMENDING THE MEN AND
WOMEN OF THE UNITED NATIONS ARMED FORCES COALITION AND
PARTICULARLY THOSE MEMBERS OF THE UNITED STATES ARMED
FORCES WHOSE DEDICATION, PATRIOTISM AND EXEMPLARY
BRAVERY BESPEAKS THIS COUNTRY'S LOVE OF FREEDOM AND
THE COMMITMENT OF ITS PEOPLE TO DEMOCRACY;
ACKNOWLEDGING WITH GREAT APPRECIATION THE RESTRAINT OF
THE GOVERNMENT OF ISRAEL IN WITHHOLDING ITS
JUSTIFIABLE COUNTERMEASURES AGAINST THE ATTACKING
IRAQI FORCES AT THIS TIME; EXPRESSING ADMIRATION AND
RESPECT FOR THE MEMBERS OF THE U.S. HOUSE OF
REPRESENTATIVES AND THE U.S. SENATE FOR THEIR
UNWAVERING SUPPORT OF THE PRESIDENT AT THIS TIME OF
CRISIS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED
OFFICIALS.
(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:
2 January 24, 1991
Ell
11
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: All right, I agree in total, but I do have a resolution
to bring up later.
1.B COMMEND U.S. ARMY GENERAL COLIN POWELL, CHAIRMAN OF THE JOINT CHIEFS OF
STAFF, DEPARTMENT OF DEFENSE, FOR HIS MILITARY SKILL AND PROFESSIONALISM
CONCERNING PERSIAN GULF CONFLICT.
Mayor Suarez: Commissioner, I believe your item is reasonably related.
Commissioner Alonso: I have...
Commissioner De Yurre: Yes, Mr. Mayor...
Commissioner Alonso: ...I have one other item, if I may? I have another
resolution, and it's very short, if I may?
Commissioner De Yurre: OK.
Commissioner Alonso: And it's related to this too.
Commissioner De Yurre: OK.
Commissioner Alonso: It's a resolution. THEREUPON, COMMISSIONER ALONSO READ
THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. And I so move.
Mayor Suarez: So moved.
Vice Mayor Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-68
A RESOLUTION COMMENDING UNITED STATES ARMY GENERAL
COLIN POWELL, CHAIRMAN OF THE JOINT CHIEFS OF STAFF,
UNITED STATES DEPARTMENT OF DEFENSE, FOR HIS DISPLAY
OF EXEMPLARY MILITARY SKILLS AND PROFESSIONALISM IN
THE ONGOING EFFORT TO INFORM THE NATION AND THE WORLD
OF THE EVENTS TAKING PLACE DURING THE ARMED CONFLICT
IN THE PERSIAN GULF.
(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:
3 January 24, 1991
U
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
1.0 GRANT REQUEST BY A COALITION OF COMMUNITY ORGANIZATIONS FOR CLOSURE OF
DESIGNATED STREETS CONCERNING A RALLY IN SUPPORT OF AMERICAN AND ALLIED
TROOPS IN THE PERSIAN GULF.
1.D BRIEF COMMENTS BY COMMISSIONER DAWKINS SUPPORTING FLYING THE AMERICAN
FLAG BY CITY WORKFORCE.
------------------------------------------------------------------------------
Mayor Suarez: Commissioner, your item, I believe, is related to...
Commissioner De Yurre: Yes.
Mayor Suarez: ...an event to take place in the next 24 hours, so we must act
on it, and I believe Norman Braman may be here for that matter. Is that
correct?
Commissioner De Yurre: Well, I've got two matters. One is the street
closure, and I'll move it. I think that's what you're referring to right now.
Street closure for tomorrow, there's going to be a rally supporting the
President and our government in its decision on the war and then the struggle
that we're going through over there in the Persian Gulf, and we're looking to
close Biscayne Boulevard for approximately - what? -an hour before and maybe
an hour after the event on Friday. So, it would be like maybe from 11:00...
i
Mr. Odio: To 2:00 o'clock.
Commissioner De Yurre: ...to 2:00 o'clock in the afternoon, from 3rd to 5th
Street on Biscayne Boulevard.
Commissioner Dawkins: Mr. Mayor, I have a resolution to that effect.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: But, before I read the resolution, I'd like for this
Commission to go on record stating that we, this Commission, support any
member of the City of Miami's workforce who's desirous of showing their
support by flying the American flag, and I take issue to any administrator,
i including the Manager, who tries to do differently. And I'd like for that to
be known that I think that I speak for this total Commission.
Mayor Suarez: Absolutely.
Commissioner Alonso: Absolutely.
Vice Mayor Plummer: Defend the Manager, but I called the Manager. I was
informed that in fact that there was a directive by a department head who said
that the American flag on cars was to be stopped. And I called the Manager
and I said, "What in the hell is happening?" And he said to me, "Don't worry
about what he's doing, worry about what I'm doing." And I gave the man a
direct order that any person working for this City that wanted to display that
flag had the right to do so, and I want to tell you, that's what I wanted to
hear from my Manager that he gave a direct order - not a memo - a direct
order. So, I think it has to be said, when I called, he had already, the day
before I called, had, in fact, addressed the issue very quickly, and I'll tell
you, probably somewhere down the line we're going to have to address the issue
of why that other order came out. But, I want to commend the Manager for
taking immediate action. When I called, he had already done it, so...
Commissioner Dawkins: Mr. Mayor...
4 January 24, 1991
Mayor Suarez: Commissioner Dawkins.
Commissioner Alonso: Yes.
Commissioner Dawkins: This is why I said, let it go on record that we - you
see J.L. Plummer went out and said, J. L. Plummer did this. I want everybody
to know that J.L. Plummer was acting for us and not for J.L. Plummer.
Vice Mayor Plummer: That's always the case and don't you ever forget it.
Mayor Suarez: It's very early in the morning of this Commission meeting...
Commissioner Dawkins: But I'll read the resolution which says. THEREUPON,
COMMISSIONER DAWKINS READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE
ONLY. I'd like to pass that resolution as of now.
Mayor Suarez: So moved... Mr. Manager, the...
Vice Mayor Plummer: Second.
Mayor Suarez: ...details and logistics have been worked out with your staff,
and I believe any contractual arrangements we have with Bayside, et cetera,
have also been worked out...
Mr. Odio: Yes.
Mayor Suarez: ...and, Norman, I'm sure you're going to want to invite us and
tell us a little bit more about it.
Mr. Norman Braman: Well, indeed...
Commissioner De Yurre: I'll second the motion, just...
Mayor Suarez: Seconded by Commissioner De Yurre. I want to note too that we
have have, between yourself and Anthony Abraham, I think, the largest
concentration of auto retail and wholesale in the history of the City of Miami
Commission, and we're pleased and happy that you'll both be bidding on our
next order of police cars and we're going to get them that much cheaper
because of that. Mr. Braman, good to have you this morning, sir.
Vice Mayor Plummer: We'll be the only City with Rolls Royce as police cars.
Commissioner Alonso: That's class!
Mr. Braman: J.L., I may even send you, Buddy Ryan's and make it a quiniela.
Mayor Suarez: But, for certain things that happen in circumstances and so on,
it might have been that both of you would be owners of football franchises
too. But we won't go into that.
Mr. Braman: Mr. Mayor, members of the Commission, firstly, I'm here speaking
on behalf of my two co-chairmen for this rally, Jorge Mas Canosa and Dr.
Barbara Carey. The rally that has been described to you is probably very
unique in Miami history. You have a sheet in front of you I believe
outlining - listing the more than 37 organizations that have banded together
really in less than 48 hours, to show and display our solidarity to our
soldiers fighting in the Gulf. Our President, who is certainly has taken a
very bold decisive position, reaffirm our solidarity to the people in Israel
who are undergoing a nightmare. You'll see by this list that every area of
the community, every part of the community, is well represented. I would only
hope that if one of the positive by-products that can develop from this
coalition, perhaps, is that we can keep it together and address some of the
other issues that we have in this community. But I think it's a tribute to
the people of Miami, of Dade County, who have decided to make their voices
heard, and I wish to formally thank the Manager, Cesar Odio. When this was
conceived on Sunday, I called Jorge Mas immediately, telephoned the Manager.
He was extremely responsive to our idea and encouraged us to move forward
quickly. And I wish to thank each and every one of you for your cooperation
as well. Both our United States Senators will be present, our Congressional
delegation will be present, the Secretary of Housing and Urban Development,
Jack Kemp, will give our keynote address as well. We will have a message from
the President of the United States that will be read as well, and we look
forward to a real affirmation of our support for our troops in the Middle
East. I thank you for taking the time to hear me. Thank you.
Mayor Suarez: Thank you, Norman. We have a motion and a second. Any
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-69
A RESOLUTION RELATED TO A RALLY IN SUPPORT OF AMERICAN
AND ALLIED TROOPS IN THE PERSIAN GULF TO BE CONDUCTED
BY A COALITION OF COMMUNITY ORGANIZATIONS ON FRIDAY,
JANUARY 25, 1991; AUTHORIZING THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
1.E DECLARE THAT ALL CITY EMPLOYEES WHO ARE MEMBERS OF U.S. MILITARY RESERVE
OR FLORIDA NATIONAL GUARD AND WHO ARE ORDERED TO REPORT FOR ACTIVE
MILITARY DUTY IN PERSIAN GULF CONFLICT RECEIVE DIFFERENCE BETWEEN
MILITARY PAY AND THEIR CITY SALARY.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: I have another resolution that I'd like to propose and
move. We have our troops that are representing us by putting their life on
the line in another world. We're talking about what we can do on the home
front to support this effort, and a lot of things come up. The rally that
we're talking about right now, which is very important to give them that moral
support that we're behind them. We can also donate blood to assist in that
effort. But I think that one of the things that we have to look for also is
to give them peace of mind from an economic standpoint. By that I mean that
our troops are putting themselves on the line to fight for this country, I
think that we should be in a position dealing with our City of Miami employees
that are called to active duty, that they have the peace of mind from an
economic standpoint, that whatever their salary is or their wages are here in
the City of Miami, that we make them whole while they're away from us. For
example, if whatever they make from the military while they're on active duty,
that we make up that difference so that, that mortgage payment can be made.
So that their children can continue to be fed. That the wife or husband that
stays behind can have that peace of mind from a dollar standpoint. I think
that, that's crucial so that they can concentrate on the task that they've
been assigned to do, and we can take care of them here at home. I have a
resolution I'd like to read. It reads as follows. THEREUPON, COMMISSIONER DE
YURRE READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. We have 49
employees in that position... So, I so move at this time, this resolution.
6 January 24, 1991
Vice Mayor Plummer: So long as they are on active status.
Commissioner De Yurre: Five of those have been called to active duty.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded.
Vice Mayor Plummer: Just for...
Commissioner Dawkins: Under discussion.
Vice Mayor Plummer: ...clarification.
Mayor Suarez: I figured that we were going to get clarifications and
calculations of the economic impact.
Vice Mayor Plummer: Two things - no that...
Mayor Suarez: Commissioner Plummer and then Commissioner Dawkins.
Vice Mayor Plummer: ...that the Manager will have to deal with. Two things,
I think, Victor, it should be stated that, that would be the policy as long as
they are on an active duty status.
Commissioner De Yurre: Well, certainly. That's it.
Vice Mayor Plummer: The second point is, is that I think it only fair to the
City as well
as to them, that the President
has declared that
the taxes that
are usually
applied are not applied if they're under $500 a
month. So, I
i think that,
that has to be taken into consideration.
It
was, in fact,
announced on
TV that those matters had been
addressed by the
President, and
that the taxation on these people would be
eliminated, so I think that when
you come to the
hundred percent, that should
be taken into account.
Mayor Suarez:
Absolutely.
3
Commissioner
Dawkins: Mr. Manager...
Commissioner
De Yurre: Well, I don't think
anybody makes here
less than five
hundred bucks
a month.
Commissioner
Dawkins: I do.
Commissioner De Yurre: Do we?
Mr. Odio: I need a clarification on that.
Vice Mayor Plummer: Ha, City Commissioners.
Commissioner Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager, isn't there a state law that was just
passed to accomplish what we're attempting to do here by resolution?
Mayor Suarez: We don't want to duplicate anything, that's for sure.
Vice Mayor Plummer: I don't think it was a state law. I think it pertained
to state employees.
Commissioner De Yurre: That's right.
Mr. Odio: No, it's state law - I just got it this morning - that you may
supplement military pay for official employees.
Commissioner Dawkins: See, so if... I mean, I'm just trying to avoid the
bureaucracy. If we already have something in place to do what Commissioner De
Yurre has suggested that we do...
7 January 24, 1991
Commissioner De Yurre: But, we don't because that is only - you know - they
passed the law at the state level, and in fact, I think they made a suggestion
that municipalities should adopt the same line.
Ms. Angela Bellamy: Commissioner, what the state law said previously was,
that we were limited and that we may give them pay for up to 30 days, and we
couldn't go beyond that.
Commissioner Dawkins: All right, no further discussion. Call the roll.
Ms. Bellamy: The new law says that we may go beyond that to supplement their
pay to bring it up to the level that they were receiving.
Vice Mayor Plummer: Well, I don't think there's any prohibition that we
couldn't do more.
Commissioner Dawkins: No further questions.
Ms. Bellamy: Well, there... yes.
Vice Mayor Plummer: Tell the state to go to hell.
Mr. Odio: There was at one time, a provision you cannot do it.
Commissioner De Yurre: OK, now we can.
Commissioner Dawkins: No further discussion, Mr. Mayor.
Mayor Suarez: OK, call the roll on the item. I think we understand the
intention and...
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-70
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
THAT, TO THE EXTENT PERMITTED BY LAW, ALL CITY
EMPLOYEES WHO ARE MEMBERS OF THE UNITED STATES
MILITARY RESERVE OR FLORIDA NATIONAL GUARD AND WHO ARE
ORDERED TO REPORT FOR ACTIVE MILITARY SERVICE DURING
WAR SHALL RECEIVE A SUPPLEMENT TO THEIR MILITARY PAY
UNDER CERTAIN CIRCUMSTANCES AS STATED HEREIN WITH THE
MONIES FOR SUCH EXPENDITURE BEING ALLOCATED FROM
PREVIOUSLY APPROPRIATED SALARY AND SALARY SURPLUS
FUNDS, PROVIDING FOR RETROACTIVE APPLICATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
8 January 24, 1991
2. URGE DEPARTMENT OF OFF-STREET PARKING TO FAVORABLY CONSIDER REQUEST FROM
DR. MANUEL OCHOA FOR A FEE WAIVER AT GUSMAN CENTER FOR MIAMI SYMPHONY
ORCHESTRA CONCERTS.
------------------------------------------------------------------------------
Mayor Suarez: Two items that I did notify the Commission of regard waivers
for different facilities, and they did go out within the five day Code
requirements. And I see that Manuel Ochoa is here. If he would approach the
microphone, Dr. Manuel Ochoa. It's on the use of the Gusman Center. I sent a
memo to the Commissioners dated January 16, 1991. Would you approach the
mike, Dr. Ochoa, please. The problem with the use of the Gusman Center is
that, that is a facility managed by the Off -Street...
Commissioner Alonso: Off -Street.
Mayor Suarez: ...Parking Authority. The best that we can do, if we like what
you're proposing to do there, and we would be inclined to recommend a fee
waiver, would be to recommend that to the Authority and they have to act on
it. We cannot. So, I'm not...
Commissioner Dawkins: May I move that, as suggested by you, this be referred
to the Manager for the Manager to look at with Off -Street Parking, and report
back to us.
Mayor Suarez: OK. Does that give you enough time, Mr. Manager, for
consideration?
Commissioner Dawkins: Or him? -does it give him enough time?
Mayor Suarez: Right.
Vice Mayor Plummer: Yes, this is not until April.
Mayor Suarez: OK. Dr. Ochoa, the Manager will take this to the Off -Street
Parking with our resolution of principle that he make a recommendation
considering the waiver, but they have to act on it and send it back to us, and
then we'll take final action on it. Otherwise, we're kind of wasting our time
this morning. But, at least we got you on the way. And I see Jack Mulvena
back there nodding affirmatively. You might want to have a little powwow with
him before you're too far away from here, and see if he's as affirmative to
the substance of this as he is as to the procedure we're now pursuing. So
moved and seconded. Any discussion? If not, please call the roll.
Dr. Manuel Ochoa: Thank you very much.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 91-71
A MOTION URGING THE DEPARTMENT OF OFF-STREET PARKING
TO FAVORABLY CONSIDER A REQUEST BY MR. MANUEL OCHOA,
ON BEHALF OF THE MIAMI SYMPHONY ORCHESTRA, SEEKING A
RENTAL FEE WAIVER FOR USE OF THE GUSMAN CULTURAL
CENTER FOR THREE SEPARATE PERFORMANCES (TOTALING
$2,850), PLUS AN ADDITIONAL $3,600 FOR BACKSTAGE CREW
SUPPORT, TOTALING $6,450.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
9 January 24, 1991
21
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
----------------------------------------------------------
3. APPROVE REQUEST FOR WAIVER OF RENTAL FEE FOR USE OF MARINE STADIUM FOR A
NANCY WILSON CONCERT.
Mayor Suarez: And Carole Ann Taylor, the memo went out on January 14th, so we
have ten days. That's also within the Code provision. So we can conceivably
take legislative action. Carole Ann, would you approach the mike. This is on
the use of the Marine Stadium. I believe the production center for the arts
event has been held in the Marine Center in the past. Has it not?
Ms. Carole Ann Taylor: It has.
Mayor Suarez: And we have granted the waiver. I presume the policy reasons
for it are applicable this year, hopefully.
Ms. Taylor: Last year, the Production Center for the Arts held the Miami
meets... Latin meets Jazz by the Bay at the Marine Stadium. This year,
however, we are being coproduced by the Miami Anniversary Committee, and have
taken the entire month of February, Black History Month, and want to do the
productions all over the City. They are being held at Opa-Locka City Hall,
Gwen Cherry Park, Bayfront, Bayside Marketplace, Kendall Towne & Country,
Belafonte-Tacolcy Center. We only have one gated event, and that is the major
fund raiser for PCA for the year. And that is what enables them to teach
children throughout the year. All of the other 17 concerts are free and open
to the public and being held all over the City. So, we are hoping to call
upon you to get a waiver for the use of the Marine Stadium next Friday when we
bring Nancy Wilson in for the major concert.
Vice Mayor Plummer: How much is the amount, Mr. Manager?
Ms. Taylor: Twenty-five hundred.
Mr. Odio: Twenty-five hundred dollars.
Vice Mayor Plummer: Are we allowed to charge for parking?
Mr. Odio: At the Marine Stadium?
Vice Mayor Plummer: Yes.
Mr. Odio: Yes.
Vice Mayor Plummer: Well, I think that's a way that if we waive for the
organization, that we can charge for parking and hopefully make up some of the
difference.
Ms. Taylor: And the concessions as well.
Vice Mayor Plummer: Well, of course, the concessions really don't amount to
that much at the Marine Stadium. Mr. Mayor, I'll move it based on the fact
that the normal parking charge be administered, and that we do, in fact, make
a waiver.
Mayor Suarez: So moved.
Commissioner Alonso: And with pleasure, I second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
10
January 24, 1991
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-72
A RESOLUTION GRANTING THE REQUEST OF PRODUCTION CENTER
FOR THE ARTS FOR THE WAIVER OF THE RENTAL FEE OF THE
MARINE STADIUM FOR A JAZZ CONCERT BY VOCALIST NANCY
WILSON ON FEBRUARY 1, 1991.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
4. RESCIND RESOLUTION 90-785, WHICH AUTHORIZED ISSUANCE OF RFPs TO FURNISH
TOWING / WRECKER SERVICES TO THE CITY - REJECT ANY BIDS ALREADY RECEIVED
AND START PROCESS ANEW.
Mayor Suarez: And final item, Commissioner Dawkins wanted a report on the
towing contracts?
Commissioner De Yurre: Yes, well, Commissioner Dawkins...
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ...and myself, I have a concern. We have
representatives here from the towing industry that they would like to address
the Commission because there's some misunderstanding as to what was adopted by
us a while back. And they have some concerns on that, so if they could
address the Commission at this point in time, I'd appreciate it.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor, I would like... I think it's
confusion, and I spoke with Mr. Williams. We have a bid coming in on the
28th, and in my opinion... Mr. Manager and Mr. Williams, we have a bid coming
in on the 28th. That bid...
Mayor Suarez: Excuse me for a second. Sarge, any packages that of unknown
contents that might be a bomb, you can refer to the office of Vice Mayor
Plummer. He's got that task assigned to him.
Vice Mayor Plummer: Yes, please bring to my office so we can ship them
upstairs.
Commissioner Alonso: With instructions to be open upstairs. Oh, God.
Mayor Suarez: Mr. Manager.
Commissioner Dawkins: Just a minute, sir.
Mayor Suarez: OK, go ahead, Commissioner.
Commissioner Dawkins: The bid that's coming in on the 28th is not reflective
of the intent of this Commission, I don't think. So, therefore, I would like
for the lawyer and Mr. Williams and the Manager to tell me how to rebid this
so that the instrument that's put out for bid reflects...
11 January 24, 1991
1
ij Vice Mayor Plummer: If you change the rules.
Commissioner Dawkins: ...the general intent of this Commission. Is that a
fair statement I'm saying up here? Is that a fair statement?
Commissioner De Yurre: Well, also, there's some concern as to the
requirements that need to be addressed.
Commissioner Dawkins: Can that be done legally, Mr. City Attorney?
Mr. Jorge Fernandez: Yes, it can. This Commission at any time, has the power
to reject all bids, even after they come in, much more so even before they
come in. But, what you need to do then is pass a resolution rescinding
Resolution 90-785, which authorized in the first place, the issuance of the
RFP that went out. So by you doing so, then that RFP comes back and any bids
that have been submitted so far, returned without being opened. And the
process starts anew.
Commissioner Dawkins: OK, I would so move. And if...
Commissioner De Yurre: I'll second.
Commissioner Dawkins: And - OK - and if... how can we save time by having a
Commissioner up here...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: No, you better send it to each Commissioner, and let us
look at before you... OK, so moved and seconded.
Mr. Fernandez: So, the motion is a motion to rescind Resolution 90-785
calling back the RFP and rejecting, as a matter of fact, any proposals that
have been submitted so far.
Commissioner Dawkins: Right.
Mr. Fernandez: We understand.
Commissioner Dawkins: And we'll send out a new bid.
Mayor Suarez: OK, we're going to have questions from Commissioner Alonso.
I'm also going to want some clarifications on what exactly we're doing here.
Commissioner Alonso: Yes, I'd like to be sure that you understand, and the
points in which they will agree we will receive some sort of notification. Is
it going to be some of the papers that we've received in our office as stated
points? Are we going to be involved in any way in the discussion of some of
these ten points that have been brought to our attention? Have you seen this?
Mr. Ron Williams: I have seen it, Commissioner Alonso, and most certainly, we
would request that Commission give input as to how they would like these
issues to be resolved. We have an ongoing relationship with regards to this
document with Mr. McClaskey and his organization. And we worked, I think,
well together over time. But most certainly, we would like to know what the
Commission's interest and concerns are with regard to a final resolution.
Mr. Fernandez: In any event, this RFP, before it goes back out again, must
come back in front of you so that you authorize its issuance once again, or de
novo.
Vice Mayor Plummer: Mr. Mayor, may I strongly suggest that you appoint one
member of this Commission to sit with this, giving what I feel that would be
the Commission input to try to negotiate to come back with something that is
reasonable to all parties concerned. I think that may be the best way. I'm
not saying a Commissioner will dominate, but at least be involved.
Mayor Suarez: Yes, I would... and I would suggest to Commissioner De Yurre if
you can handle that with your legal skills, although, you know, I know it's
going to take a lot of work. But we have to get something nice and clean
before us on these contracts. Seems everytime they come back, we still don't
have all the input from the industry. Although it was a great reform that was
12 January 24, 1991
initiated a few years ago, and we want to continue that trend. I mean, I'm
not taking issue with the general thrust of what we've been doing, but we want
to make sure all the is are crossed, the is are dotted.
Commissioner Alonso: May I ask a question, please? Number four in the list
that I was given, is it included now in the regular bids as we have it?
Vice Mayor Plummer: Number four?
Ms. Nancy Bahn: On item number four, for everyone's information, is "...the
bidder must have the required storage facilities at the time of bidding as
follows: facilities for not less than 100 cars."
Commissioner Alonso: Do we have it now? -it has been...
Ms. Bahn: Yes, the RFP already requires storage facility to provide 100
storage spaces.
Commissioner Alonso: OK, fine.
Vice Mayor Plummer: The only question I wonder if it's reasonable - and I'm
only asking this question - your statement is, at the time of bidding or would
it be at the time of award?
Commissioner Alonso: Oh, that's a good point.
Vice Mayor Plummer: Well, the point very simply is, that if somebody goes and
has to...
Commissioner Alonso: Acquire the...
Vice Mayor Plummer: ...acquire a piece of property just to bid and they're
not a successful bidder, I think that's unfair.
Commissioner Alonso: That's right.
Vice Mayor Plummer: So, I think that it's at the time of award is when that
wording should be. And, here again, that's why I think a Commissioner should
be involved.
Commissioner Alonso: Yes. That's a good point. I would like to see it that
way too.
Commissioner Dawkins: But if you award the contract, and he can't buy the
property, where are you?
Vice Mayor Plummer: Then he's not a successful bidder.
Commissioner Dawkins: Then we got to bid all over.
Commissioner De Yurre: No, he can have it under option to buy.
Vice Mayor Plummer: No, you award it to the next one in line.
Commissioner De Yurre: Option to buy, contingent on the award.
Vice Mayor Plummer: Well, I don't know necessarily that they have to buy. It
doesn't say they have to own the property, but they have to have a lot that's
adequate to...
Commissioner Dawkins: If you don't own it, don't bid.
Vice Mayor Plummer: No, I don't agree with that. Why?
Commissioner Dawkins: All right, I do, you don't.
Mr. Bill McClasky: Mr. Mayor...
Vice Mayor Plummer: OK, as long as they can provide a lot for the storage of
a hundred cars, whether they lease it or they buy it, they'd have to lease it
for as long as their award is in effect. I think it's unfair to make
somebody, in your estimation, to go out and buy a lot. They're not• a
successful bidder, they're stuck with a lot.
13 January 24, 1991
Commissioner Dawkins: But the only thing is, J.L., somebody will bid knowing
he never intends to buy the lot, get the contract, never fulfill the lot, and
never have the storage space...
Vice Mayor Plummer: Then he's...
Commissioner Dawkins: ...and we pussyfooting around until the bid is up. OK,
for me to vote on it - see, and it's just one vote - it would have to have you
would have to own the land to bid.
Mayor Suarez: And you have to show certainly the legal ability to comply with
all requirements including...
Vice Mayor Plummer: Of course.
Mayor Suarez: Right.
Vice Mayor Plummer: Of course.
Mayor Suarez: OK, we have a motion and a second, and we'll see how the
department develops that particular specification and take into account our
concerns.
Commissioner Alonso: Of course, in the motion nothing of this is included.
So it's...
Mayor Suarez: Right.
Commissioner Alonso: OK.
Commissioner De Yurre: Do you need to add anything?
Mr. McClasky: Yes, I would like to ask that before you vote...
Mayor Suarez: Give us your name and address, please.
Mr. McClasky: ...that the...
Mayor Suarez: Give us your name and address, please, Jay.
Mr. McClasky: Bill McClasky...
Mayor Suarez: Bill.
Mr. McClasky: ...and I represent the towing group for the City of Miami.
Mayor Suarez: Give us an address, please, for the record.
Mr. McClasky: 2951 N.W. 27th Avenue, Miami. The request that we'd like to
make is that we get back to the working table with Ron Williams office, and
formulate...
Mayor Suarez: That's what we're about to do...
Mr. McClasky: Yes, but one thing I would like to ask.
Mayor Suarez: ...and you are delaying the items that we have that have been
scheduled beginning at PZ-1. You might lose our vote.
Mr. McClasky: Then I'd better shut up, huh?
Mayor Suarez: You know, we've taken you out of order at the request at one or
more Commissioners, Bill and...
Vice Mayor Plummer: It's called, quit while you're ahead.
Mr. McClasky: I quit, I quit.
Commissioner Dawkins: OK, all right, one other thing I have, and then I'll be
finished, Mr. Mayor, please.
14 January 24, 1991
Mayor Suarez: OK, let me call the roll on that, Commissioner.
Vice Mayor Plummer: Oh, thank you.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-73
A RESOLUTION RESCINDING RESOLUTION NO. 90-785, ADOPTED
OCTOBER 18, 1990, WHICH AUTHORIZED ISSUANCE OF A
REQUEST FOR PROPOSALS ("RFP") FOR THE FURNISHING OF A
TOWING AND WRECKER SERVICES PROGRAM TO THE CITY OF
MIAMI; FURTHER REJECTING ALL PROPOSALS SUBMITTED AND
RECEIVED IN RESPONSE TO SAID RFP; FURTHER DIRECTING
THE CITY MANAGER TO PREPARE A NEW RFP BASED ON SUCH
SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE
PROCUREMENT OF SAID PROGRAM AND TO BRING BACK SAID
SPECIFICATIONS AND RFP TO THE CITY COMMISSION FOR
REVIEW AND APPROVAL PRIOR TO ISSUANCE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
5. BRIEF DISCUSSION CONCERNING REQUEST BY THE DOMINICAN AMERICAN CHAMBER OF
COMMERCE FOR RENTAL FEE WAIVER FOR USE OF BAYFRONT PARK CONCERNING A
SCHEDULED EVENT - REFER TO CITY MANAGER.
Mayor Suarez: OK, Commissioner Dawkins.
Commissioner Dawkins: The Dominican American Chamber of Commerce, are the
representatives here?
Commissioner De Yurre: Yep.
Commissioner Dawkins: They are desirous of holding an affair in the Bayfront
Park to raise funds to support their chamber. Mr. Manager, what's your
recommendation on this, please, sir?
Mr. Odio: Well, the Bayfront Park Trust would have to deal with this first,
that's my problem. I read this, this morning, and they would have to go
through the Trust first.
Commissioner Dawkins: Well, all right, the Trust says that they can waive the
fee, but that's all.
Vice Mayor Plummer: The rental fee.
Commissioner Dawkins: The cleanup and the rest of the stuff they have to be
responsible for, Mr. Manager.
Vice Mayor Plummer: That's correct.
Commissioner Dawkins: So...
Vice Mayor Plummer: I think, as you were aware, the Commission has the right
to designate 30 days and I believe there are days still available.
Commissioner Dawkins: And they have one of those days, J.L. We've given
them...
Vice Mayor Plummer: All they have to do is just get it approved, that's all.
Commissioner Dawkins: They gave them one of those days.
Vice Mayor Plummer: Oh, OK.
Commissioner Dawkins: OK, already. OK, so you have it, but like I said, the
police and the fire you're going to have to be responsible for.
Mayor Suarez: And no out-of-pocket cost from us. We just can't afford it,
and we've got a policy Citywide now, but we'll waive on the assumption that,
that itself will not cost us anything.
Commissioner Dawkins: OK?
Mayor Suarez: Do you need a motion on that?
Commissioner Dawkins: No, let's let the Manager handle it. I refer it to the
Manager, Mr. Mayor. Thank you.
Mayor Suarez: OK.
UNIDENTIFIED SPEAKER: Thank you.
6. REFER TO CITY MANAGER REQUEST RECEIVED FROM JOE NESBITT IN JOINT VENTURE
WITH THE URBAN LEAGUE (INDOMITABLES) FOR FUNDING ASSISTANCE IN
CONNECTION WITH CONSTRUCTION OF AN APARTMENT BUILDING AT N.W. 7 AVENUE
BETWEEN 58 AND 59 STREETS.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: PZ-1.
Commissioner De Yurre: Well, before... Mr. Mayor, before we got to PZ-1.
Mayor Suarez: I'm sorry that I didn't realize that this item was related to
Anthony Abraham, and he had to leave. I just didn't realize the zoning items
were scheduled for 9:00. Yes?
Commissioner De Yurre: I got, right before we get to PZ-1, Mr. Mayor, I have
a group of businessmen here under the name of the Indomitables, that they
wanted to speak a moment before the Commission.
Mayor Suarez: I like that, the Indomitables. I got to try to use that as a
campaign slogan.
Mr. Joe Nesbitt: Good, you have a winner. I think the group's...
Commissioner Dawkins: Your name and your address, sir, please.
Mr. Nesbitt: My name is Joe Nesbitt, address is 11700 N.E. 6th Avenue. I
think a letter was sent to each Commissioner that spells out exactly what
we're trying to - hoping to get the City to participate with us in. If you
have the letter...
Vice Mayor Plummer: Briefly tell us what it is, sir. I received the letter,
but I didn't know it was on the agenda, so I didn't read it for today.
Mr. Nesbitt: OK. What we are in the process of doing, we are forming a joint
venture with the Urban League of Greater Miami, to develop 89 units of
apartment buildings. At present, we own the site of the land.
16 January 24, 1991
Vice Mayor Plummer: Where is it located?
Mr. Nesbitt: It's located on N.W. 7th Avenue between 58th and 59th Street.
The block of 1.5 acres that we own there. And we are in a dilemma now where
we're trying to get some assistance from the City in order to secure some
outstanding debt that we had to give us some leverage to negotiate with the
Urban League in reference to the project. And it would be a situation where
the City would have first mortgage on it.
Mayor Suarez: What's the recommendation of Housing and Conservation Agency of
the City? Have they met? Or Community Development Department?
Vice Mayor Plummer: How much is the outstanding debt?
Mr. Nesbitt: Well, we're talking about $175.
Vice Mayor Plummer: Seventy-five?
Mr. Nesbitt: A $175.
Vice Mayor Plummer: A hundred and seventy-five?
Mr. Nesbitt: Oh, the outstanding debt?
Vice Mayor Plummer: You're asking for help in what amount as to the
outstanding debt?
Mr. Nesbitt: One- seventy-five, sir.
Vice Mayor Plummer: And what is that debt? Is that payment for the property,
is it taxation? -what has created that?
Mr. Nesbitt: Well, what we intend to do, we hope to pay off the mortgage so
that we'll have full control of that.
Commissioner De Yurre: How much do you owe?
Mr. Nesbitt: We owe a total of one forty-five and there's about - there's
some taxes involved that we're trying to get cleared up.
Commissioner Alonso: How large is the property?
Mr. Nesbitt: It's 1.5 acres. And, at present, we have 13 store fronts. But
there is the vacant land that's in the back that we intend to... we are going
to remodel the front and develop the properties in the back to make it
compatible with the seven...
Vice Mayor Plummer: How long ago did you buy this property?
Mr. Nesbitt: We bought this in 1974.
Vice Mayor Plummer: And it's a group that own it?
Mr. Nesbitt: Yes, it's a group of us. We originally started with 24, and
we're down to four now.
Commissioner Alonso: Should this go back to the administration for a study...
Vice Mayor Plummer: It's got to.
Commissioner Alonso: ...because we have little information. They are not
here to advise us. I don't think they have met, and I think it will be wise
if we instruct the administration to meet with them, and then if it's
necessary, to come back to us.
Commissioner De Yurre: I believe so that... I don't think you've met with the
administration yet, have you?
Mr. Nesbitt: No, we haven't.
17
January 24, 1991
I V #
Commissioner De Yurre: OK, I think that would be the best bet. Certainly we
have a lot of resources available as far as housing, and all those things.
And as far as funding, you know, through maybe Miami Capital or some of our
funding sources also that they can assist. So I think that you should go
through that process and use our capabilities to assist you in this, and if
you need any help from us again, then you can always come back.
Mayor Suarez: Yes, and it worries me a little bit as I'm sure it worries this
entire Commission, that people would feel that they ought to come to the
Commission first before going to the staff of the City to get the information
needed and to get the support needed. They own the lot. Here we have two or
three properties owned by the City - I don't even want to mention one of them,
but you know which one I'm talking about over here by Franklin and Douglas -
and we're supposed to be building affordable housing there. We've not been
able to get off the ground. Some people have other properties, Melrose, et
cetera, Civic Center, and we're struggling to get that off the ground, and in
the particular case, they own the property. They start off with one foot
ahead of us in a sense, and, of course, these are discretionary funds, as
Commissioner De Yurre has indicated. They're not general revenues. We'd like
to work with them. They're certainly in the right location, very close to the
existing project...
Mr. Nesbitt: We're right across the street.
Mayor Suarez: ...which I shouldn't even call it a project, the beautiful
housing that exists at Edison Towers...
Mr. Nesbitt: It's right across the street.
Mayor Suarez: ...and right across it, and will kind of bridge 7th Avenue up
here and create a residential environment - hopefully, as nice as Edison
Towers. In any event, you would think that this would happen much more
effectively without having it come to the Commission. In any event, that's not
your fault possibly, but meet with them and formulate a recommendation for us
to act on, and we'll take you up at the appropriate time. But, don't waste
any time. That could mean today. I mean, before CDBG funds and UDAGs and
everything else are allocated. You got to tie into our staff.
Mr. Nesbitt: OK.
Commissioner Dawkins: The only... finished? -everybody finished?
Mr. Nesbitt: Thank you.
Commissioner Dawkins: The only thing I'm going to say is that for three
years, I've met with them, and for three years, they end up right where they
are now. Go see somebody. And everytime you look around, go see somebody.
So now, when they come back, whenever they come back...
Mayor Suarez: Sure hope we take final action on it, yes.
Commissioner Dawkins: We will take final action, if it's to tell them we
can't do a damn thing.
Mayor Suarez: OK.
Mr. Nesbitt: OK, appreciate that. Thank you.
Mayor Suarez: And I guess the nickname now comes into play, Indomitables.
Commissioner Dawkins: Thank you. OK.
18
January 24, 1991
}
i-------------------------- ---------- ------------------------------------------
if 7. SECOND READING ORDINANCE: AMEND 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN) FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT BLOCK BOUNDED
't BY S.W. 7 & 8 STREETS AND S.W. 42 & 43 AVENUES FROM SINGLE FAMILY
a RESIDENTIAL AND RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL (Applicants:
Anthony J. Abraham and Raymond & Dorothy Ball).
Mayor Suarez: PZ-1. I'm sorry again that I didn't know that Anthony was here
on a regularly scheduled item for 9:00 a.m., and he had to leave. Is there
anyone here on item PZ-1 in opposition to...
Vice Mayor Plummer: Second reading, I move it.
Commissioner Alonso: Second.
Mr. Guillermo Olmedillo: One thing that's a matter of protocol, Mr. Mayor,
Mr. Vice Mayor.
Mayor Suarez: Yes, Guillermo.
Mr. Olmedillo: We have David Dalhstrom from DCA (Department of Community
Aff airs). As you know, this is a Comprehensive Plan amendment. It's
noncontroversial, but as a matter of protocol, we should allow them to read
into the record the letter from DCA director.
Mayor Suarez: OK. Does that have to be read or can we just place it in the
record? Order into the record?
Mr. Olmedillo: We can just place it on the record, if that's your preference.
Mr. Sergio Rodriguez: Right.
Mayor Suarez: Great, please. And don't forget, from here forward, we have a
new DCA director, someone we know, someone we can work with, as opposed to...
Vice Mayor Plummer: You know, let me, once again. The gentleman is from DCA.
Mr. Olmedillo: That is correct, sir.
Vice Mayor Plummer: Is he based in Tallahassee?
Mr. Olmedillo: That is correct, sir.
Vice Mayor Plummer: And you're telling me that the efficiency of state
government to send this letter down is better to do it by sending someone here
at the cost of about $500 than it is a postage stamp of now 29 cents?
Mr. Olmedillo: If I...
Vice Mayor Plummer: Somebody ought to tell these people in Tallahassee, we
love to have you come down here and help the economy, but why in God's name do
they have to send someone down here when all they're going to do before this
Commission, or other Commissions, is read a letter? I don't understand.
Commissioner Dawkins: J.L., I could take your complaining when it was a
Republican Governor, but I got a Democratic Governor. Get off my back.
Vice Mayor Plummer: As us good Democrats have always said, we'll be glad to
kiss your elephant if you will kiss our donkey.
Commissioner Alonso: He believes in democracy, he's been doing it all along.
Mayor Suarez: OK, with all the kisses back and forth, we have a motion. Do
we have a second?
Commissioner Dawkins: Second.
Commissioner Alonso: Yes, I did.
19 January 24, 1991
Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Vice Mayor Plummer: Wait, wait, wait, hold on just a minute here. You know,
maybe we need to go into this, Mr. Mayor. Have you read this letter?
Mayor Suarez: Yes.
Vice Mayor Plummer: It is the department's position that the adoption,
"...adoption public hearing is not the proper forum for modifying the
department's position or approving proposed revisions to the Comprehensive
Plan." But, what in the hell is the proper forum?
Mayor Suarez: Mr. City Attorney and Assistant City Manager and Acting or
Assistant Planning Director, what do we think is the proper procedure?
Obviously, if we're following this procedure, we must think it is this
procedure, but...
Mr. Olmedillo: The procedure is that we have in writing the comments from
DCA. We have responded to the comments in writing and they're in your
package, they're contained in your package. Throughout the exchange of ideas,
then we reach agreements. By the time that we get to you, hopefully, we have
resolved all the issues that they have raised.
Mayor Suarez: OK, what if you don't? That's all very nice, but apparently we
didn't reach agreement here.
Mr. Olmedillo: That is why the representative from DCA is here, so he can
voice his objections at this point.
Mayor Suarez: Well, certainly we know that, Guillermo. Who is right? Are we
right or are they right?
Mr. Olmedillo: We're both right.
Mayor Suarez: We're both right.
Mr. Olmedillo: We agree.
Mayor Suarez: I've seen a commercial that has something like that.
Mr. Olmedillo: There's no controversy. We have resolved every issue that was
raised to us.
Mayor Suarez: So, why do we get an objection letter that sounds, as Vice
Mayor Plummer has indicated, sounds as if they're saying that this entire
forum and procedure are wrong?
Mr. Jorge Fernandez: Because after that letter, we sent... we answered that
letter in writing, and the feedback we have gotten from them in response to
our letter, which responded to that one, was positive.
Mayor Suarez: I doubt it, because this letter was dated January 23rd, 1991.
Vice Mayor Plummer: Oh, yeah, but wait a minute. This letter was dated
yesterday. This was dated yesterday.
Commissioner Dawkins: But also, I mean...
Mr. Rodriguez: Could we have a copy of the letter?
Vice Mayor Plummer: Sure.
Commissioner Dawkins: Since J.L. raised a question, somebody explain this to
me. "The department's representative will be without authority to modify the
department's position or approve proposals discussed at the public hearing."
Well, what is he here for then?
20 January 24, 1991
4r 0
Mayor Suarez: Just to bring us the letter saying that what we're doing is
improper. And he can't change the department's position, so we can't engage
in meaningful discussion towards the resolution, and that's why Vice Mayor
Plummer has pointed out that they've sort of wasted the money of the trip.
Mr. Olmedillo: They have to preserve their rights. That way, within the 45
day appeal period, which follows after this second reading...
Mayor Suarez: You think this is a technicality? They're just preserving
their rights to object?
Mr. Rodriguez: Yes...
Mr. Olmedillo: That is correct, sir, because...
Mayor Suarez: Well, as far as I'm concerned, we understand it that way
because the whole process and the whole supervision of the Department of
Community Affairs over our zoning functions and planning functions, seems to
me, to be misdirected, something that I'd like to do away with, and as soon as
our legislators have back home to pass legislation, to tell DCA to plan
community affairs and not zoning and planning. I hope somebody begins to do
that, and I note my colleague, Commissioner Alonso, agrees with me, and I hope
all of us tell the Department of Community Affairs to delve into community
affairs. That is to say, help the communities to develop and not tell us how
to do our zoning and planning. In any event...
Commissioner Alonso: Exactly, and furthermore, it's an excessive amount of
government telling the state to the local government, and telling us how to do
things, and affecting the local government in its functions. And I really
it's about time that something is done to stop this from happening. It's
really affecting local government.
Mayor Suarez: Amen.
Vice Mayor Plummer: Mr. Mayor, I'm sorry. I got to take - not an opposite
view - but I got to put on the record. And that is, because that I served for
two years on the Governor's tax reform commission, growth and management
committee, it was the delegation of that... or the outpouring of that
committee in which we addressed the areas of growth management, and it was, in
fact, placed at the feet of the community affairs committee, lacking any other
place for it to be authorized and controlled. And I don't think I have to
draw anybody any pictures of the dangers that this state is facing in growth
management. And if there's not one authority that is overseeing - whether it
be Community Affairs or some other committee, that's where it happens to be
presently - I don't think we're ever going to make any improvements or come
away from danger flags that are flying.
Mayor Suarez: Well, but you were also on the South Florida Regional Planning
Council...
Vice Mayor Plummer: No, sir, I was. I am no longer.
Mayor Suarez: I said, you were also on the South Florida Regional Planning
Council as I was. South Florida Regional Planning Council was supposed to
take care of those situations where a project built in Dade was so large that
it would create interdependencies, and effects in other counties and resolve
that. Now, we have not only the regional planning councils, and God knows
exactly what they do in developments of regional impact. Now we have
Department of Community Affairs in Tallahassee with no funding to help the
infrastructure.
Commissioner Alonso: Well, now I don't know, after we have what? - we have
passed in the last election, I'm sure that they will have to get us funding,
because they cannot continue to tell us...
Mayor Suarez: All because of the mandates amendment. That would be
interesting.
Commissioner Alonso: The mandate and amendment three, I don't think they will
be able to do this, but they have gotten away with a lot and affected the
local government. And I think that they went overboard.
21 January 24, 1991
Mayor Suarez: I think they did.
1i
{ Commissioner Alonso: I think some limitation is good, excessive government,
I; is not appropriate and that's what has happened with the State.
Mayor Suarez: In any event, we're not going to resolve the whole
philosophical...
Vice Mayor Plummer: Please don't be mislead on amendment three. Amendment
three was a good amendment, but remember the bottom line is they reserved unto
themselves. First, let me tell you...
'i
i Mayor Suarez: Yes.
Vice Mayor Plummer: No, you don't know. I want to tell you. That anything
that is significant is in the now been put into the language. For themselves
and the state legislature, anything significant is $50,000 and above. But
into amendment three, they inserted significant at $500,000.
Mayor Suarez: Yes.
Vice Mayor Plummer: So, what that means is - and I don't want you all to be
mislead - is that anything they mandate on us that is under $500,000, they do
not have to provide a source of revenue. On themselves, anything under
$50,000 or above fifty thousand is significant. So, there's tenfold
difference on amendment three. Plus, they also gave themselves an out that
any time there is an issue, they have two-thirds vote, it eliminates the need
for their funding.
Mayor Suarez: They can override it. By the way, the $500,000 limitation is
met very easily around here...
Commissioner Alonso: Yes, I was to say that is not a problem.
Mayor Suarez: ...because five of our high paid staffers that handle some of
these irrelevant and unnecessary state regulations, is $500,000 right there.
Vice Mayor Plummer: Mr. Mayor, I only made those...
Mayor Suarez: Not to imply that you spend all your time on this, Guillermo,
but...
Vice Mayor Plummer: I only made those statements so that there was a full
understanding.
Mayor Suarez: All right. So, with all those caveats, disclaimers,
criticisms, et cetera, of the way all of this scheme is working, we have a
motion and a second. You've read the ordinance?
Mr. Fernandez: Yes.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR THE BLOCK BOUNDED BY
SOUTHWEST 8TH STREET AND A LINE 20 FEET SOUTH OF AND
PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST
7TH STREET, BETWEEN SOUTHWEST 42ND AVENUE AND
SOUTHWEST 43RD AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY
RESIDENTIAL AND RESTRICTED COMMERCIAL TO GENERAL
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
22 January 24, 1991
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10827.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
8. SECOND READING ORDINANCE: AMEND 9500 ATLAS - CHANGE DESIGNATION AT BLOCK
BOUNDED BY S.W. 7 & 8 STREETS AND S.W. 42 & 43 AVENUES FROM RS-2/2 ONE
FAMILY DETACHED RESIDENTIAL (FOR LOTS 25 & 26-33); RE-2/4 GENERAL
RESIDENTIAL (FOR LOT 34); CR-2/7 RESIDENTIAL COMMERCIAL (FOR LOTS 1-23 &
24; AND CR-3/7 RESIDENTIAL COMMERCIAL (GENERAL) (FOR LOTS 1-5, 35-37 &
38) - ALL TO CG-1/7 GENERAL COMMERCIAL (Applicants: Anthony J. Abraham
and Raymond & Dorothy Ball).
Mayor Suarez: PZ-2, companion item.
Vice Mayor Plummer: Item 2 is related. I move it on second reading.
Commissioner Alonso: I second.
Mayor Suarez: So moved and seconded. Any discussion? Does anyone wish to be
heard against this item? Let the record reflect no one stepped forward. Read
the ordinance, please.
Vice Mayor Plummer: Call the roll.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF SECTION 3509
OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION FROM RS-2/2 ONE FAMILY
DETACHED RESIDENTIAL FOR LOT 25 LESS WEST 5'AND LESS
NORTH 201; LOTS 26-33 LESS NORTH 201; RG-2/4 GENERAL
RESIDENTIAL FOR LOT 34 LESS NORTH 201; CR-2/7
RESIDENTIAL COMMERCIAL (COMMUNITY) FOR LOTS 1-23 AND
LOT 24 LESS WEST 51; AND CR-3/7 RESIDENTIAL COMMERCIAL
(GENERAL) FOR LOTS 1-5 AND LOT 35-37 AND LOT 38 LESS
NORTH 20'; ALL TO CG-1/7 GENERAL COMMERCIAL FOR THE
PROPERTY LOCATED AT 4201-99 AND 4200-4298 SOUTHWEST 7
STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF BLOCK
3, TRAJUNE PARK, AS RECORDED IN PLAT BOOK 14, AT PAGE
12, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
23 January 24, 1991
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10828.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
9. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT
BLOCK BOUNDED BY S.W. 7 & 8 STREETS AND S.W. 42 & 43 AVENUES FROM R-1
SINGLE FAMILY RESIDENTIAL WITH SD-12 BUFFER OVERLAY DISTRICT (FOR LOTS
25 & 26-33); R-3 MULTI -FAMILY OVERLAY DISTRICT (FOR LOT 34); AND C-1
RESTRICTED COMMERCIAL (FOR LOTS 1-23, 24, 35-37 & 38 - ALL TO C-2
LIBERAL COMMERCIAL (Applicants: Anthony J. Abraham and Raymond & Dorothy
Ball).
-------------------------------------------------------------------------------
Mayor Suarez: PZ-3.
Vice Mayor Plummer: Item 3 is related, a second reading. I move it.
Commissioner Alonso: Yes, second.
Mayor Suarez: Moved and seconded. Commissioner Alonso. Any discussion? If
not, please... Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-1 WITH SD-12 OVERLAY FOR LOT 25
LESS WEST 5' AND LESS NORTH 201; R-3 WITH SD-12
OVERLAY FOR LOT 34, LESS NORTH 20' AND C-1 FOR LOTS 1-
23 AND LOT 24 LESS WEST 5' AND LOTS 35-37 AND LOT 38
LESS NORTH 201, ALSO DESCRIBED AS ALL OF BLOCK 3,
TRAJUNE PARK AS RECORDED IN PLAT BOOK 14, AT PAGE 12,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ALL TO
C-2, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 32 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24
January 24, 1991
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10829.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Olmedillo: PZ-4 and P...
Mayor Suarez: Counselor, you've been most articulate today.
Anthony J. Blaty, Es.: I'd like to take the opportunity to thank on behalf of
Mr. Abraham, the Commission and your staff who worked with us on this very
diligently from last year. Thank you very much.
Mayor Suarez: Beautiful, thank you.
Mr. Sergio Rodriguez: Mr. Mayor...
Mayor Suarez: And I guess we don't ha!+e to swear you in for that statement.
It's self evident truth that we've worked hard.
Mr. Rodriguez: Mr. Mayor...
Mayor Suarez: An item being withdrawn, Assistant City Manager?
Mr. Rodriguez: At 9:00 o'clock, of the items at 9:00 o'clock, PZ-9, we have a
letter that we have received from Mr. Minsky withdrawing item PZ-9.
Mayor Suarez: Is there no opposition to that withdrawal from any opposing
groups?
Mr. Rodriguez: He's withdrawing the item completely. He's withdrawing the
application.
Mayor Suarez: So he's withdrawn the item and that would be no - it's not a
continuance or anything. All right. So announced. Anything else?
NOTE FOR THE RECORD: At this point, agenda item PZ-9
(Development Order amendment for Miami Center I -
Resolution 79-396) was withdrawn.
10. SECOND READING ORDINANCE: AMEND 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN) FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 102-170 S.W.
7 STREET & 701-721 S.W. 2 AVENUE FROM RESTRICTED COMMERCIAL TO GENERAL
COMMERCIAL (Applicant: Planning, Building & Zoning Dept.).
Mayor Suarez: Anything else? If not, PZ-4.
Mr. Guillermo Olmedillo: PZ-4 and 5 are companion items. Again, it's a
similar situation. We have a Comprehensive Plan amendment and a zoning change
in the property addresses on S.W. 7th Street and 2nd Avenue, and again we have
the same comments from DCA, we have the same issues on the Comprehensive Plan.
Mayor Suarez: OK, the same letter...
Mr. Olmedillo: Same letter applies to this.
Mayor Suarez: Caveat, objection, disclaimer, whatever is put into the record
from Department of Community Affairs of the State of Florida. Does anyone
wish to be heard against the item, PZ-4?
Commissioner Alonso: Four...
25 January 24, 1991
r
I
z
i
Mayor Suarez: Thank you. Let the record reflect, no one stepped forward.
I I'll. entertain a motion on it.
Commissioner De Yurre: Move.
Commissioner Alonso: I second reading.
Mayor Suarez: Moved and seconded.
Commissioner Alonso: I second.
Mayor Suarez: Read the ordinance, please. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT
APPROXIMATELY 102-170 SOUTHWEST 7TH STREET AND 701-721
SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Alonso, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10830.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
11. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 102-
170 S.W. 7 STREET & 701-721 S.W. 2 AVENUE FROM C-1 RESTRICTED COMMERCIAL
TO C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building & Zoning
Dept.).
Mayor Suarez: PZ-5.
Commissioner De Yurre: Move.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Any discussion on PZ-5? Does anyone wish to be
heard against the application of PZ-5? Let the record reflect that no one
stepped forward. Read the ordinance, please. Call the roll.
26 January 24, 1991
i
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 102-170 SOUTHWEST 7TH STREET AND 701-721
SOUTHWEST 2ND AVENUE, MIAMI FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM C-1 RESTRICTED COMMERCIAL TO
C-2 LIBERAL COMMERCIAL; BY MARKING FINDINGS; AND BY
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Alonso, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10831.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
12. FIRST READING ORDINANCE: AMEND 9500 ATLAS - CHANGE DESIGNATION AT 1400
N.W. 10 AVENUE FROM 0I/7 OFFICE -INSTITUTION TO 0I/9 OFFICE INSTITUTIONAL
(Applicant: West Brighton Assoc.).
Mayor Suarez: PZ-6.
Mr. Guillermo Olmedillo: PZ-6 is a change in sector number application for
property located on 1400 N.W. loth Avenue. What this does, Mr. Mayor and
Commissioners, is that it would raise the FAR from 1.72 to 3.2. The Planning
Department has recommended approval.
Commissioner Dawkins: Why?
Mr. Olmedillo: The Zoning Board has recommended approval.
Commissioner Dawkins: Why should this...
Mayor Suarez: What is the reason, the rationale for the recommending
approval?
Mr. Olmedillo: This is the area known as the Civic Center. We have
considered this area as a high density area always. And you may remember that
on the Zoning Atlas, all the properties which are located to the north of it
have been designated with either a sector 8 or the sector 9 under the old
ordinance, which gives a high FAR like 3.2. Previously, the parcel just to
the west of this, was also rezoned under the same conditions or similar
conditions to a sector number which is similar to this, which is a 3.2 FAR.
We feel that this is the place to have high density in the City.
Commissioner Dawkins: Thank you.
Mayor Suarez: OK.
y.�
27
January 24, 1991
ANN
Vice Mayor Plummer: Well, I got a question. Are we talking about the tract
in yellow?
Mr. Olmedillo: In yellow, that is correct, sir.
Vice Mayor Plummer: All right, why is the other tract marked green?
Mr. Olmedillo: Yes, that's the in favor - neighbors within 375 who are in
favor of.
Vice Mayor Plummer: In favor. OK. Where the yellow tract is presently, is
that not the high rise?
Mr. Olmedillo: That is correct, sir.
Vice Mayor Plummer: And what is... it's already there.
Mr. Olmedillo: The applicant is here. He can address those issues.
Mayor Suarez: Well, before we get to the applicant, just on the logic of it,
if you already have a high rise and if the high rise already had the FAR that
we were talking about, what - I'm sure there's a good technical reason for it,
I'm not implying there isn't - but what is the logic of requiring this now?
Just to make it conform or because they want to go higher than the high rise?
Mr. Olmedillo: No, they want to go more than what they have right now.
Mayor Suarez: But they're not going to build on top of it. So presumably,
they're going to build around it, or they're going to demolish the structure
or what?
Mr. Olmedillo: Around it. They haven't shown, as you know, for the rezoning
application.
Mayor Suarez: Do you have any idea, before we have to swear them in and get
all that, in case any Commissioner...
Mr. Olmedillo: No, no, sir, because the application for a zoning change
doesn't include any plans or any...
Mayor Suarez: Yes, but you've recommended an increase in the FAR, and so you
must have some reason, practical reason, that you think this will make sense.
Mr. Olmedillo: Planning wise, this is an area where we feel is close to
transportation...
Mayor Suarez: Sort of a...
Mr. Olmedillo: ...it's within the Civic Center area. It's a high density
area...
Mayor Suarez: So it's just the broad notion that we want to allow higher
density. We really don't care too much about exactly what their particular
plans are. Does anybody wish to hear...
Commissioner Alonso: It's in harmony with the land pattern that they have in
the area. Right?
Mr. Olmedillo: Right.
Mr. Rodriguez: And also, Mr. Mayor, remember in zoning, we are not tying the
zoning to any plans. They can show you a beautiful building now, and it
doesn't mean anything.
Mayor Suarez: I know, I know but for us, in our logical look at the world in
common sense, we want to know why something is needed because otherwise
we're...
Vice Mayor Plummer: Would you pull that map down a little bit, please? No,
down.
is
-
Mayor Suarez: And doing that, Sergio, just so I don't have to
get into
the
j
applicant. If nobody has any problems.
Vice Mayor Plummer: Would you show me where - would you show me on the
map
where this is contiguous to I9? Where present...
Mr. Olmedillo: Although it's not shown on the map, the parcel
just to
the =
west of it. This is not an updated map, because this goes to
9500 and
the
updating map is the one that corresponds to 11000. But the parcel
just to
the
west of it was rezoned to a sector 9 to a 3.2 FAR within the last
three months
or so. To the north of it.
Vice Mayor Plummer: North of it is I8.
Mr. Olmedillo: I should say to the northwest of it. All that section is
sector 9.
Vice Mayor Plummer: You mean to the northeast?
Mr. Rodriguez: Northeast.
Mr. Olmedillo: Correct, northeast.
Mayor Suarez: What is the rest of the Civic Center, hospital area, have as an
FAR? Is it a... it is consistent. I think Commissioner Alonso...
Mr. Olmedillo: Sector 8, 2.72 - 2.75.
Vice Mayor Plummer: Well, let me...
Mayor Suarez: OK, Commissioner, we...
Vice Mayor Plummer: Swear - no, I want to ask questions of why.
Mayor Suarez: Yes, let's swear the applicant in. If we're going to ask
questions of the applicant, let's get everything done right.
Vice Mayor Plummer: Yes, swear him in.
Commissioner Alonso: Aren't they asking exactly the same what the neighbors
had?
Mr. Olmedillo: The neighbor to the west.
Commissioner Alonso: The property next - adjacent? Yes.
Mr. Olmedillo: Right.
Vice Mayor Plummer: Some of the neighbors.
Mayor Suarez: OK, swear in the applicant please, Madam City Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Virgilio Perez: My name is Virgilio Perez, I represent West Brighton with
power of attorney, and the reason why that we're asking for the sector change
is for the balance of the property. The high rise will stay there, there is
part of the property which is not constructed and it's just to have the whole
property in balance with the future land use, as Mr. Olmedillo said.
Vice Mayor Plummer: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Vice Mayor Plummer: Is it within our power to attach to this that if they do
not take out a building permit within one year, that it comes back here for
automatic review?
Commissioner Dawkins: J.L., why don't we also tack in, and if it's sold, we
come back. Because if they're rezoning it...
29 January 24, 1991
Vice Mayor Plummer: For profit.
Commissioner Dawkins: For profit, we're not serving the citizens.
Mr. Fernandez: They could proffer voluntarily a covenant attaching where they
proffer that, but otherwise, because this is a zoning change, we cannot have
any conditions.
Vice Mayor Plummer: Well, the question, I guess, even if it's in a voluntary
covenant, can they, in a voluntary covenant for example, say that if they do
not take out a building permit within 12 months from the effective date, that
it automatically reverts back to the previous zoning? Can they agree to that
and is it legal?
Mr. Fernandez: I don't believe that it could automatically revert back to
zoning whenever you were going to deal with the zoning issue, you have to
follow an established process or procedure that for it to revert back, then
the administration would have to initiate upon the condition having been met
that no permits were pulled. If they voluntarily proffer that, then the
administration would have to initiate the process of bringing that property
back to the previous...
Vice Mayor Plummer: Well, I guess then I'm going to ask it conversely. Let's
assume that we get a voluntary covenant saying that they will pull a building
permit within 12 months, and they don't. But on the 13th month, they come in
for a permit. What happens?
Mr. Fernandez: The zoning has changed, and whatever zoning is in place
applies. And until...
Vice Mayor Plummer: So in other words, what you're saying is, a voluntary
covenant agreeing to pull a permit in 12 months is not valid even if they
agree to it?
Mr. Fernandez: Well, but a voluntary covenant would have to say more than
that. It would have then to say that they would proffer to also initiate the
process of rezoning it back down...
Mayor Suarez: Wait, wait, all we want is the same thing as we've done in
other cases. Could it trigger a provision that brings it back to us to
downzone it then, if they don't do something?
Mr. Fernandez: Yes, well that's up to the administration to timely follow it
up on the, you know...
Mayor Suarez: But can we do it automatically is what we'd like.
Mr. Fernandez: No, you cannot...
Mayor Suarez: We'd like it to come back to us within a year if they...
Mr. Fernandez: My opinion would be that you cannot do it automatically, any
process in zoning.
Vice Mayor Plummer: Even if they agreed to it?
Mr. Fernandez: Even if they agreed to it. Because you cannot have - you
know, zoning must follow and observe all the public hearings and go through...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Mr. Mayor, the only problem I have with the whole thing
is, it's obvious which the owner has a right to want to rezone his property to
make more profit. It's also a responsibility of this Commission to make sure
that it doesn't happen, and if it doesn't happen that the neighbors and the
citizens are compensated. But what we're doing here has - and if I'm wrong,
Mr. City Attorney, please correct me - we're doing contract zoning because
we're standing up here telling him what we want him to tell us...
Mr. Fernandez: No.
Commissioner Dawkins: ...instead of him telling us what they will do.
30
Mr. Fernandez: No, this Commission is not engaging in contract zoning by...
Commissioner Dawkins: What are we doing then by... well what are we doing
when we tell him we would do this if you do that?
Mr. Fernandez: I don't know what you call it, but simply the Commission is in
it's absolute discretion, or in its legislative discretion, may grant or not
grant this application for rezoning.
Mayor Suarez: I guess we're...
Vice Mayor Plummer: That's not my... excuse me...
Mayor Suarez: Yes.
Vice Mayor Plummer: That is not my point. I am fully aware, after 21 years,
and I don't need to be reminded, that you can't contract zoning. But I'm
saying is, if they vol... who am I talking to?
Mr. Fernandez: You're talking to me, sir.
Vice Mayor Plummer: Thank you. If they volunteer, they agree to...
Mr. Fernandez: That's right.
Vice Mayor Plummer: You're telling me it doesn't amount to a hill of beans4
Mr. Perez: We don't have any problems agreeing to that.
Vice Mayor Plummer: Excuse me, Virgilio, please. This really is not just to
your issue or on your particular issue, it's in.general. OK?
Mr. Perez: I understand, Commissioner.
Vice Mayor Plummer: Now, what I'm saying to you, it seems like to me that
this Commission can accept and expect to be in force of law anything they
agree to.
Mr. Fernandez: No, sir, in the zoning process, you have all bound yourselves
to follow the prescribed method that you have...
Vice Mayor Plummer: Then we need - ah, ah - we need to change the method.
OK?
Mr. Fernandez: But also, you have compelling law on this subject where zoning
is of such an interest to the Community at large, that certain procedures for
due process considerations must be followed and must be observed. Yes, they
may proffer a voluntary covenant saying that if they don't pull a building
permit within 12 months, then they realize that the administration would
immediately seek a rezoning on that same area to bring it back to the zoning
that it was before.
Vice Mayor Plummer: At their cost?
Mr. Fernandez: Yes, they can proffer that too.
Vice Mayor Plummer: That's what I'm trying to accomplish. Now...
Mr. Fernandez: They can proffer that too. Or they could, furthermore, they
can even proffer that they would voluntarily initiate the process of
downzoning it themselves. But the process is what we cannot avoid.
Vice Mayor Plummer: OK, my next question. Mr. City Attorney, is this legally
before us? I do not have a full disclosure on this item. I have no
disclosure, much less full.
Mr. Guillermo Olmedillo: Page 11, Mr. Vice Mayor.
Vice Mayor Plummer: I have no page 11, sir.
Mr. Fernandez: Yes.
31
January 24, 1991
Vice Mayor Plummer: Excuse me, maybe I do. My page 11 is Xavier Suarez the
Mayor, and I don't think he owns this property. No, no, no, excuse me. It is
not in my backup material.
Mayor Suarez: No, I don't own it yet.
Mr. Rodriguez: Look on PZ-6. You're on the right... I believe you're on the
wrong item. Look at PZ-6.
Vice Mayor Plummer: All right, excuse me, I stand corrected. OK, I stand
corrected. OK. You've heard my - understand, we cannot force you, you have
to volunteer. For my favorable vote, you will have to agree that if you do
not pull a building permit on the subject site within one year, it will
automatically trigger a...
Commissioner Dawkins: Revert back to the original.
Vice Mayor Plummer: No, I can't do that, they're telling me.
Mr. Rodriguez: No.
Vice Mayor Plummer: It will automatically trigger the process of...
Mr. Rodriguez: A new application by them.
Mr. Olmedillo: Initiate the process.
Mr. Rodriguez: They initiate the process because we don't want to pay for
that.
Vice Mayor Plummer: A new application by you at your expense.
Mr. Rodriguez: OK, I have one question now.
Vice Mayor Plummer: OK.
Mr. Rodriguez: What if they don't do it? What is the recourse that we have?
Vice Mayor Plummer: Well, don't we then have the right to put a moratorium?
Mr. Fernandez: Well, if they voluntarily proffer a covenant where they will
initiate certain action and they don't, then my suggestion on that would be
that the administration notwithstanding that, proceed to do it, and then lien
the property in the amount of the expenses that the administration must incur
for their failure to do as they promised to do in a covenant.
Vice Mayor Plummer: OK, that's reasonable. Either that or turn their water
off.
Mr. Perez: We don't have any problems agreeing that we will pull a permit
under a one year period, but I think that at our expense that we should
initiate something that we're already agreeing that we will do. I don't think
is....
Vice Mayor Plummer: Well, if you're agreeing to do it, you do it, then
there's no problem really.
Mr. Perez: No, but when you say that we should initiate at our own expense to
roll back the zoning, I think it's not fair for us.
Vice Mayor Plummer: Why not?
Mr. Perez: Well, because we're going to... you're saying that we should do
something which we are not intending to do. We are willing to pull the permit
in one year. In fact, we have already done the plans that we're going to do
for the processing of the building that is going to exist on the vacant part
of the property. And you're already saying that if we don't do it, it's going
to revert right back to you. But then you say at our own expense. At our own
expense is quite a lot.
Commissioner Alonso: Well, if you pull the permit you will have no expense.
32
January 24, 1991
Mr. Perez: Well, that's no problem.
Vice Mayor Plummer: If you pull the permit, it's done and over.
Mr. Perez: Oh, that's no problem.
Vice Mayor Plummer: If you pull the permit, it's done and over. Now, let's
get technical. Pulling a permit means what? If they pull a permit to build a
carport, does that mean that they have complied? because that's surely not the
intent. Pulling a permit to do what?
Mr. Rodriguez: In the definition that they will provide in the covenant, they
might explain that pulling a permit might be for the main structure of the
subject of this proffer.
Vice Mayor Plummer: OK. That's fine.
Mr. Perez: We would agree to that.
Vice Mayor Plummer: That does not cover your problem, as far as ownership is
concerned.
Commissioner Dawkins: I'm voting no. You all do anything you all want.
Vice Mayor Plummer: Oh, oh.
Mayor Suarez: Well, the safeguards are interesting because for many, many
years - and I understand Vice Mayor's concern - that people actually do what
they tell us they're going to do, then we don't just simply increase density
or change zoning, and then the particular property owner doesn't follow up on
it. But in this particular case, it doesn't seem to me to have any practical
impact. I mean, I want the area to have a higher FAR. I want it have more
value. I want people to build there more. Hopefully, you will.
Mr. Perez: That's correct, Mr. Mayor.
Mayor Suarez: So, as far as I'm concerned, you know, I'm ready to vote on the
item with or without the safeguard.
Vice Mayor Plummer: Well, Mr. Mayor, the only difference....
Mayor Suarez: I wish we did have that automatic thing where it came back...
Vice Mayor Plummer: Well, we're going to... sir...
Mayor Suarez: We're getting there, right?
Vice Mayor Plummer: Every item today is going to have it as far as I'm
concerned.
Mayor Suarez: OK.
Vice Mayor Plummer: I think that the concern of my colleague, my "Blue
Brother," is the fact that, are they doing this to enhance the City or are
they doing it to enhance their wallet? And I think that's a concern.
Mayor Suarez: Well, they're always going to do it primarily to enhance their
wallet. That's why its their wallet.
Vice Mayor Plummer: Excuse me. If there is a wallet to be enhanced, I'm
going to do it for the City.
Mayor Suarez: If it's in consonance with our public purpose, and if it meets
with all of our criteria, why they do it is no consequence. Actually, to the
extent that they build up the value of that area, it builds up the value, the
taxable value of the City. They'll pay more taxes. I don't think we can get
too much into that. But if you want to get into it and put something that you
think is a valid safeguard, go ahead and move it.
Vice Mayor Plummer: Sir...
33 January 24, 1991
b
Mayor Suarez: With that and then we'll...
Vice Mayor Plummer: ...I will move approval subject to them submitting a
volunteer covenant...
Mr. Rodriguez: No, no...
Mr. Olmedillo: No, subject to.
Mayor Suarez: No, in view of the fact that they have submitted...
i
Vice Mayor Plummer: What?
i
Mr. Rodriguez: In view of the fact that they will submit a covenant between
the first and second reading, that you will take that into consideration.
Vice Mayor Plummer: I move it on first reading subject to...
Mayor Suarez: In expectation of a voluntary covenant.
Commissioner Alonso: No, no, no.
Mayor Suarez: In expectation of a voluntary...
Vice Mayor Plummer: In expectation of their great charity and wishful
thinking for this City, they will come back to the City Attorney and explain
to him what they want to volunteer.
Mayor Suarez: All right. So moved.
Commissioner Alonso: I guess I second.
Mayor Suarez: Seconded.
Commissioner Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
?: Commissioner Dawkins: We have an analysis that was presented by the
administration, and it says that some of the things that this will not do
which I take exception to and therefore, I'll be voting no. One of them which
i says the proposed change maintains the same or similar population density
`1e pattern and thereby the load on public facilities such as schools, utilities,
streets, and et cetera, will remain the same. I doubt that seriously. And
the second one says, "...existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for change." And I
?� think that it will bring about a change. I vote no although at the second
} reading, if I find that my thoughts are wrong, then I will change my vote to
f yes.
Mayor Suarez: OK, so noted in the record. We have a motion and a second.
Any discussion? If not, please read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MI?.MI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM 0I/7 OFFICE -INSTITUTION TO 0I/9
OFFICE -INSTITUTIONAL FOR THE PROPERTY LOCATED 1400
NORTHWEST 10 AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS
TRACT A, BISCAYNE CIVIC CENTER PLAZA, AS RECORDED IN
PLAT BOOK 115, AT PAGE 63, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
1
1:
34 January 24, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.*
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins**
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
*Vice Mayor Plummer: Is it legal, Mr. City Attorney, for me to say that the
second reading will not be scheduled until such time as they have met with
you?
Mr. Fernandez: Second reading will be scheduled in due course, and I'm sure
that...
Vice Mayor Plummer: In due course is fine.
Mr. Fernandez: ...we're very...
Vice Mayor Plummer: I vote yes.
**Commissioner Dawkins: For the reasons stated, preserving the right to
change my vote at the second hearing, I vote no.
{{
13. FIRST READING ORDINANCE: AMEND 10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN) FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 302-312 N.W.
9 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO MAJOR PUBLIC
y FACILITIES, TRANSPORTATION AND UTILITIES (Applicant: Victoria Hospital).
Vice Mayor Plummer: Item 7, Victoria Hospital.
Mr. Guillermo Olmedillo: Items 7 and 8 are companion items. Again, you have
a Comprehensive Plan amendment and a zoning change, zoning atlas change. What
we're trying to do here is you can...
Vice Mayor Plummer: Is there from Victoria Hospital? Is the applicant
present? Would you come forth. Do I have a conflict of interest? -I was born
there.
Commissioner Alonso: You certainly do.
Mr. Olmedillo: That old?
Vice Mayor Plummer: Go ahead.
Commissioner Dawkins: You should still be in the nursery.
Mr. Olmedillo: The Planning Department has recommended approval. The
Planning Advisory Board has recommended approval, and the Zoning Board has
recommended approval. What we're trying to do is complete the entire block
with the same zoning designation and land use designation. You can see that
there is a small portion of the block which is not included within the same
V
Commissioner Alonso: It's a different....
Vice Mayor Plummer: What is the yellow, little piece of yellow is now owned
by them? OK.
Mr. Olmedillo: That is zoned duplex right now. I mean, medium density
residential. And the rest...
Vice Mayor Plummer: Well, are we talking about this map in front of us now of
the yellow?
Mr. Olmedillo: It depends on the item.
Vice Mayor Plummer: Or the other map which is just been also shown?
Mr. Olmedillo: Item 7, you're talking to the other map.
Vice Mayor Plummer: OK.
Mr. Olmedillo: Item eight, you're talking to this map.
Vice Mayor Plummer: OK. All right, sir. For the record, sir, would state
your name and address for the record, and get sworn in, please.
Bruce Hermelee, Esq.: Bruce Hermelee, 100 S.E. 2nd Avenue, Miami, on behalf
of Victoria Hospital.
Vice Mayor Plummer: Are you a lawyer, sir?
Mr. Hermelee: Yes, I am.
Vice Mayor Plummer: Are you representing for a fee?
Mr. Hermelee: Yes, I am.
Vice Mayor Plummer: Are you a registered lobbyist?
Mr. Hermelee: Yes, I am, Commissioner.
Vice Mayor Plummer: With the City of Miami.
Mr. Hermelee: Yes, I am.
Vice Mayor Plummer: All right, sir. If you'll be sworn in please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Vice Mayor Plummer: Sir, you're recommended for approval. I would keep my
presentation brief and basically answer questions.
s
Mr. Hermelee: I think that our position is very ably put forth by staff. All
we're really asking for is that the two lots that came under hospital
ownership recently, lots 19 and 20, be folded into the entire square block.
And that the zoning be changed so that we have the right to use it for
hospital uses, consistent with the uses that are now presently at the site.
We think this makes good planning sense, we think it makes good zoning sense,
we don't have any immediate plans, but, of course, the hospital services are
very highly utilized in the community. We do have discussions underway to try
!' to expand the facilities at the hospital.
Vice Mayor Plummer: Excuse me. Would somebody ask the policeman out in the
hallway to be quiet. Thank you, sir, go ahead.
}' Mr. Hermelee: We need more room for out patient services, for offices for
doctors. This is the kind of thing that we would do if we came back for
specific permits, but as I said a few minutes ago, we don't have any specific
plans right now.
Vice Mayor Plummer: All right, sir. Members of the Commission, questions.
a
36 January 24, 1991
Commissioner Alonso: No, I agree that it's necessary. It does not change in
any way the - or affect the neighborhood. It's just a continuation, it's a
corner lot, and I so move that we approve.
Vice Mayor Plummer: Motion to approve.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Second. My question is to the administration.
Administration, assuming that someday they will build a - hello? -who am I
talking to? That someday that they are, in fact, going to be building on this
a professional office building which I assume is now the trend, how do we
protect the residents of that area that any demands on utilities will be borne
at their cost and not the residents? In other words, bigger water lines, more
sewer lines, more utilities, more underground facilities that if, in fact,
they pull a permit to build, it will be at their expense and not the residents
who live in and around that area.
Mr. Sergio Rodriguez: Different things. We have concurrency that requires
that the facilities have to be in place. We also put them on notice that they
build, they pay.
Commissioner Alonso: Impact fee doesn't cover for all of this?
Mr. Rodriguez: And they have impact fees also to cover certain things.
Vice Mayor Plummer: No, it doesn't cover that.
Mr. Rodriguez: Impact fee covers certain other things.
Commissioner Alonso: Commissioner Plummer says that impact fee will not pay
for these facilities. The connection to the sewer line, it will have to be at
the expense of the property owner.
Mr. Olmedillo: And we put them on notice.
Vice Mayor Plummer: No, that's not my area...
Commissioner Alonso: That's established, and also the impact fee, as
established in the City of Miami, it should pay for the cost according to the
type of property that they have, and the space that they are going to build.
Is it not?
Mr. Rodriguez: It covers certain things. There is things from the County,
for example, it doesn't cover, and were impact fee. But we are putting
them...
Vice Mayor Plummer: That's my...
Commissioner Alonso: No, I'm talking about the fees of the City of Miami.
The ones that we have in place right now.
Mr. Rodriguez: But, we put them on notice that anything that they create in
the way of an impact, they create the need, they pay for it.
Vice Mayor Plummer: Well, that's what I'm trying to get at, but I wanted to
be a little bit more definitive. What I was, for example, saying, and I'm
just using hypothetically, if there's a 12 inch water main there now, and
because of their building, it requires a 16 inch water main, that it doesn't
be taxed to the residents around and more in particularly, to sewers. I£
they're building a high rise building, the demand for sewers is going to be
greater, and it's not right in my estimation, to tax the residents around for
their benefit, so that's what I wanted to make sure that is written in to an
approval that says that if, in fact, they do build, any demand for improved
facilities the cost will be borne by them.
Commissioner De Yurre: B-o-r-n-e.
Vice Mayor Plummer: Thank you, sir. All right, there is a motion made and
duly seconded. Is there any further discussion? Hearing none, please call
the roll. Motion understood? Call the roll.
37 January 24, 1991
2
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 302-312 NORTHWEST
9TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE LAND USE
DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL TO MAJOR PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES; MAKING
FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSTENTIONS: Mayor Xavier L. Suarez
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
14. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 302-
312 N.W. 9 AVENUE FROM R-3 MULTIFAMILY MEDIUM DENSITY TO G/I GOVERNMENT
AND INSTITUTIONAL (Applicant: Victoria Hospital).
Vice Mayor Plummer: Companion item number eight.
Commissioner Alonso: I move.
Vice Mayor Plummer: Moved. Is there a second?
Commissioner De Yurre: Second.
Vice Mayor Plummer: Seconded by Commissioner De Yurre. Are there any
questions, any discussion? Any person wishing to speak? Hearing none, read
the ordinance. Motion understood? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTI -FAMILY MEDIUM DENSITY
RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL FOR
PROPERTY LOCATED AT APPROXIMATELY 302-312 NORTHWEST
9TH AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS THE
SOUTH 100' OF LOTS 19 AND 20, BLOCK F, RIVERVIEW, AS
RECORDED IN PLAT BOOK 5 AT PAGE 43 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 35 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
38 January 24, 1991
i
Was introduced by Commissioner Alonso and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSTENTIONS: Mayor Xavier L. Suarez
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Vice Mayor Plummer: Item number nine.
Commissioner Alonso: Withdrawn.
Mr. Rodriguez: PZ-9 was withdrawn by the applicant.
Vice Mayor Plummer: Withdrawn?
Commissioner Alonso: Yes.
Mr. Olmedillo: By the applicant.
Mr. Rodriguez: Yes, withdrawn.
Vice Mayor Plummer: Oh, yes, it's my old friend, Mr. Gould.
NOTE FOR THE RECORD: At this point, it was noted that
agenda item PZ-9 had already been withdrawn.
15. AUTHORIZE RECEIPT OF PRIVATE DONATIONS FOR CONSTRUCTION OF A RESTROOM
BUILDING AT RIVERSIDE PARK UNDER THE PRIDE IN MIAMI PARKS ADOPT -A -PARK
PROGRAM.
Commissioner Alonso: Mr. Vice Mayor, if I may... If I may, may I present a
resolution that is important for a completion of a job that we have pending at
Riverside Park?
Vice Mayor Plummer: Surely.
Commissioner Alonso: OK, as you know, I've been involved for sometime in work
at Riverside Park. The neighbors and the parents of children that play at the
park asked me to try to help and obtain the construction of bathroom
facilities at the park. I checked with the City and, of course, we did not
have the funds. So I went to the private sector, he was going to call the
City according to different numbers that I was given. At that time, they
quote $75,000 and figures of that amount. I have been able to obtain
cooperation from the private sector. We are ready now to start construction
without any cost to the taxpayer, and I have a resolution so that we can
proceed with the construction and it reads.THEREUPON, COMMISSIONER ALONSO READ
THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. I so move.
Vice Mayor Plummer: Is there a second?
Commissioner De Yurre: Second.
Vice Mayor Plummer: Seconded by Commissioner De Yurre. Is there any
discussion? Hearing none, call the roll.
39 January 24, 1991
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-74
A RESOLUTION CONCERNING THE CONSTRUCTION OF A RESTROOM
BUILDING AT RIVERSIDE PARK UNDER THE "PRIDE IN MIAMI
PARKS" ADOPT -A -PARK PROGRAM; AUTHORIZING THE
ADMINISTRATION TO RECEIVE PRIVATE DONATIONS OF
SERVICES, MATERIALS AND EQUIPMENT AND TO PROCEED WITH
CONSTRUCTION OF SAID PROJECT UNDER THE SUPERVISION OF
THE PUBLIC WORKS DEPARTMENT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI AND SAID DONORS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: None.
ABSENT: Mayor Xavier L. Suarez
Vice Mayor Plummer: Item number ten.
Commissioner De Yurre: Talking... J.L., for a second.
Vice Mayor Plummer: I'm sorry, Commissioner De Yurre.
16. REQUEST ADMINISTRATION TO REPORT ON WHY PARK RESTROOMS ARE CLOSED ON
WEEKENDS.
------------------------------------------------------------------------------
Commissioner De Yurre: Talking on this issue, you know, one problem that I'm
encountering, and it may have been going on for quite a while, but I guess,
you know, people are coming up and complaining more and more about it because
it really doesn't make sense. During the week, we find bathrooms at parks
open. On weekends, they're not open. And I don't know of any biological
thing that says that, you know, there's less propensity to use a restroomPP on
a weekend than there is during the week. For example, over here at Kennedy
Park I've had to request directly that they open it on the weekend because a
lot of people have been complaining. And I'd like to get a report from the
administration as to why this is happening and if we can please remedy this
situation because, you know, if we build... now we build this bathroom and
then if it's going to remain closed, what good is it?
Commissioner Alonso: Can we work with the neighborhood associations and
people that use the park on a regular basis - and I know it's done in some
parks through the City of Miami - to provide keys and make them responsible.
I think something has to be done to that effect. Anyone from the Parks
Department that could perhaps....
Mr. Sergio Rodriguez: No, I will pass on the information to the Parks
Department, and ask them to report back to you.
Vice Mayor Plummer: Ask them to report back in writing in the form of a memo.
Commissioner Alonso: Certainly these people would like to use their bathrooms
at Riverside. They've been waiting for five years.
40 January 24, 1991
Commissioner De Yurre: That's a long time to wait to use the bathroom, that's
for sure.
Vice Mayor Plummer
beer.
Just prohibit the kind of stores around from selling
17. (A) DENY APPEAL BY VERONICA NAGYMIHALY OF ZONING BOARD'S DENIAL OF
PRIOR APPEAL REGARDING ZONING ADMINISTRATOR'S DECISION
ADDRESSING QUESTIONS RAISED ON CONSTRUCTION AND USES FOR
PROPERTY AT 2500 N.W. 22 AVENUE (LIVE OAK CONVALESCENT HOME)
(ZIPES SUBDIVISION) (See companion item: label 18.)
(B) BRIEF COMMENTS CONCERNING UPCOMING ORDINANCE INSTITUTING
REGISTRATION FEES FOR CITY LOBBYISTS.
(C) REQUEST CITY MANAGER TO REPORT BACK ON THE STATUS OF
REQUIREMENTS UNDER TEMPORARY CERTIFICATE OF OCCUPANCY (TCO)
ISSUED TO RABIN MARINA ON RICKENBACKER CAUSEWAY.
Vice Mayor Plummer: Item ten. Is the applicant here on item ten?
Mr. Guillermo Olmedillo: Items 10 and 11 are companion items.
Vice Mayor Plummer: Is the applicant here on item ten? Thank you, sir.
Mr. Olmedillo: Both are appeals which have been filed. Item ten is an appeal
to the Zoning Board's denial of the appeal of the zoning administration's
decision. Eleven is the appeal of the Zoning Board's decision to modify the
zoning administrator's decision. We typically hear from the appellant first,
and then from the appellee.
Vice Mayor Plummer: I thought this matter was resolved.
Commissioner Alonso: Oh, that's what we thought. We thought they had reached
an agreement. Wishful thinking!
Vice Mayor Plummer: OK, so, sir, you represent the people appealing?
Norman Malinski, Esq.: I represent the Nagymihaly family on PZ-10 and 11,
yes. My name is Norman Malinski, I'm a lawyer, I practice law at 25 W.
Flagler Street. I was here...
Vice Mayor Plummer: Hold on. You're representing for a fee?
Mr. Malinski: Yes, sir.
Vice Mayor Plummer: All right, sir, are you a registered lobbyist?
Mr. Malinski: No.
Vice Mayor Plummer: Then you cannot testify, sir. We'll take two seconds for
you to sign such a form, and then we'll swear you in. On behalf of my
children, the Internal Revenue, and others, we'll be glad to make you a
lobbyist, sir.
Commissioner De Yurre: Is there a fee for, you know, an application form for
a lobbyist?
Vice Mayor Plummer: For the lobbyist?
Commissioner De Yurre: Yes.
Vice Mayor Plummer: Something under a thousand dollars would be appropriate.
Ms. Hirai: There will be one, Victor. There will be one. We're drafting one
similar to the County's. The one the County... yes.
Commissioner De Yurre: How much is the County charging?
41 January 24, 1991
Ms. Hirai: We're planning to draft one, Commissioner, similar to the one just
passed by the County.
Commissioner De Yurre: How much do they charge?
Vice Mayor Plummer: How much?
Ms. Hirai: They are requesting $250 annual...
Vice Mayor Plummer: That's all?
Ms. Hirai: ...registration. Plus $25 per client.
Vice Mayor Plummer: I think it ought to be worth at least a dollar a day.
Commissioner Dawkins: Per client.
Vice Mayor Plummer: Per client?
Commissioner Dawkins: Two -fifty per client.
Commissioner De Yurre: No, no, no, no, $25 per client.
Vice Mayor Plummer: Oh, per client?
Commissioner Alonso: No, no, no, no. Two -fifty, plus twenty-five.
Vice Mayor Plummer: Per year.
Ms. Hirai: Twenty-five dollars per person represented plus a $250 annual
registration fee.
Commissioner De Yurre: Two -fifty right off the bat, and then every time you
appear with a different client, it's an extra twenty-five bucks.
Ms. Hirai: True.
Vice Mayor Plummer: Naaaaaah. Why deal in peanuts?
Commissioner Alonso: Look at his face.
Vice Mayor Plummer: All right, sir, you've now become an official lobbyist.
You have the connotation of being a bad guy.
Commissioner De Yurre: Congratulations.
Vice Mayor Plummer: We'll read your name in the Miami Herald every other day,
and as such, sir, would you now be sworn in, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 OF PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Malinski: It's a pleasure to have my reputation destroyed at such short
notice.
Vice Mayor Plummer: Don't worry about it, we do a good job around here, sir.
If you don't believe it, ask that crazy Cuban right behind you.
Mr. Malinski: Commissioner Plummer, we were here on the loth of January on a
matter of personal appearance requested by Eva Nagymihaly, which relates to
this item as well. At that appearance - it was late in the afternoon, early
in the evening - Mayor Suarez suggested that since these two items, PZ-10 and
11, were coming up this morning, that we consider that personal appearance
item as well. What I'd like to do is take them in that sequence. The
personal appearance item, and then PZ-10 and 11. They're all connected as it
were, and they all involve the matter which unfortunately, is not settled.
Vice Mayor Plummer: Sir, may I ask a question so I get the full context of
what we're doing?
Mr. Malinski: Yes.
42 January 24, 1991
Or
Vice Mayor Plummer: This is the former rest home on 22nd Avenue.
Mr. Malinski: Yes, it is.
Vice Mayor Plummer: Is that owned presently by the County?
Mr. Malinski: Yes.
Vice Mayor Plummer: OK, and they are desirous, as I remember, of changing
this over to some other kind of facility.
Mr. Malinski: And...
Vice Mayor Plummer: Now how does your client have standing? -or are they a
contiguous property owner?
Mr. Malinski: Yes.
Vice Mayor Plummer: That's why... in other words, we're - the yellow is the
application... the County -owned property.
Mr. Malinski: Correct.
Vice Mayor Plummer: All right, and where is your client located on that map
to put them in standing....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Plummer: OK.
Mr. Malinski: There it is.
Vice Mayor Plummer: All right. So that's...
Mr. Malinski: The Zipes's subdivision - I think you can see the name.
Vice Mayor Plummer: Hello?
Mr. Malinski: There we...
Vice Mayor Plummer: OK. So, in other words, you're saying that your client
is objecting, and you are appealing based on the fact that they are contiguous
to the property which the County owns, and are trying to change.
Mr. Malinski: Correct.
Commissioner Dawkins: They've already changed.
Mr. Malinski: And have already changed. That's...
Vice Mayor Plummer: OK, so what is your appeal? It's not to stop the change
of whatever. What is your appeal based on?
Mr. Malinski: It is a series of items, Commissioner Plummer. And if I may,
let me go through them, and then we'll know where we are.
Vice Mayor Plummer: OK. All right.
Mr. Malinski: OK. The facility was used as an alcohol rehabilitation
facility for a number of years. A couple of years ago, the County made
application and secured an exception to expand the facility, build an addition
to the structure, and use it as a nursing home. That was granted. There was,
as the Commission has seen previously, an inadequate - according to the former
counsel for the Nagymihaly's - there was an inadequate notice, we believe,
sent to the adjacent and adjoining property owners for the purposes of
notifying them of the application by the County. When the structure was
completed and the use of the facility was identified, it was going to be used
as an AIDS final resting type facility, and also was providing out -patient
care for alcohol and drug rehabilitation continuing to do so. It was when
that became apparent that the Nagymihaly's took the position that the
application by the County for the use that they sought and for the exceptions
and for the setback variations and all, were improper and the permits had been
43 January 24, 1991
improperly granted. And the uses, which had been nonconforming previously for
alcohol drug rehab, were now improper uses because they had sought to use it
as a nursing facility. That's appeal number one. Those items were
considered, denied by the zoning administrator and the appeal was denied on
technical grounds by the Zoning Board. That's appeal number one. Quite apart
from that, in the course of construction of the facility, the County destroyed
a rather substantial buffer zone, and the old aerial photographs before the
destruction of the buffer zone, Miss Nagymihaly has.
Mayor Suarez: Before you get to the trees and the buffer, you said that the
zoning administrator denied the appeal on technical grounds. Did you mean
procedural grounds or technical meaning what?
Mr. Malinski: Procedural, timeliness and inadequacy of notice.
Vice Mayor Plummer: Well, give me an idea. How long ago was this that took
place that you say was illegal? Is it six months ago, two years ago? This
expansion was how long ago?
Mr. Malinski: The application to construct the facility was about 1988. It
was early 1988.
Vice Mayor Plummer: You're speaking of the expansion.
Mr. Malinski: Correct. And the decision of Mr. Genuardi, I believe, was in
April of 1989. April 17, 1989. And that's when the appellate process
started. If I've answered your question, going back to the buffer. Miss
Nagymihaly has the aerial photograph which is expanded to show that oak tree
buffer zone. Those oak trees were removed, destroyed.
Mayor Suarez: That's not a rendering. That's an actual picture?
Mr. Malinski: That's an aerial photograph.
Mayor Suarez: OK. So it looked that way at some point, all right.
_ Mr. Malinski: Yes. Subsequent to that, and upon notice to the City's
inspectors and officials, there was a series of correspondence. It spanned
March, April, May of 1989 where the City officials agreed that the trees had
been destroyed, agreed on a plan to replace them, had the County agree that
they would be replaced, and unequivocally said, in the persons of Mr. Ventura,
Mr. Genuardi, that no temporary or permanent certificate of occupancy would
issue until the landscaping requirements were fulfilled and refulfilled.
Notwithstanding that, the County continued on their construction and then
created a physical circumstance on the site that would have rendered the
replacement of these trees with similar landscaping virtually impossible.
That matter was also brought to the board's attention. The board, on October
15th, agreed that a plan for the reconfiguration of landscaping and the
s placement of landscaping - in your package, it's called the Sasaki Plan of
November, 1990, November 1 - would have to be imposed on the County. And
t that's where the matter rested November 1.
Mayor Suarez: November 1 of...
Mr. Malinski: 1990.
Mayor Suarez: Recent.
Mr. Malinski: In keeping with a request from the County to see if certain
changes could be made to accommodate everybody - because the County at this
point had some concerns - some negotiations were undertaken to settle this,
and part of this is in litigation. And there was supposedly, a settlement
reached. When this matter came before the Commission in early November, there
was a statement made - and I believe, Mayor Suarez, you were very happy to
hear that the tree matter had been resolved - that it had been resolved.
Unfortunately, it was not resolved, because when the County then submitted
what they believed to be the plan, it diverged rather significantly from the
plan that the Zoning Board had agreed would be the plan. Diverged
significantly from what was physically possible. The plan contemplated
putting a 48 inch tree, for example, in a 30 foot hole in the plan, and no
agreement was reached. But very much, very significantly...
44 January 24, 1991
Mayor Suarez: Foot tree, did you say?
Mr. Malinski: I beg your pardon?
Mayor Suarez: Forty-eight foot?
Mr. Malinski: Well, 48 inch.
Mayor Suarez: Thank you.
Mr. Malinski: Well, I'm not giving you the exact math.
Mayor Suarez: I thought the record reflected that you said feet...
Mr. Malinski: I'm sorry.
Mayor Suarez: ...and that wouldn't work out if you're talking about diameters
obviously.
Mr. Malinski: Yes, their plan tried t•o put square pegs in round holes. Let's
not talk about figures.
Vice Mayor Plummer: It's an old tree.
Mr. Malinski: Most disturbingly, however, when the settlement was announced,
subject, of course, to the plan being conformed to, the following day the
County wrote a letter to Mr. Genuardi saying, we have satisfied all of the
requirements. We have settled the case. Please issue us with a temporary
certificate of occupancy. Mr. Genuardi, on that particular letter, written to
him by the County, hand wrote a note saying, "...Subject to the plan, issue a
temporary certificate of occupancy." And that temporary certificate of
occupancy was issued. There was no plan at that time. There is no plan. The
County represented without the Nagymihaly's knowledge and certainly without
their consent, that there was a settlement when there was no settlement. Up
until December 30th of 1990, there still was no plan. And the County had then
secured what for two years the City has said they would not give them. For
two years, the Nagymihaly's had said, we will not agree to - which is a
temporary certificate of occupancy. And now, there is no plan, there is no
progress on the landscaping, and there is a certificate of occupancy,
temporary certificate of occupancy, in possession of the County, and the
County is doing what it wants to do.
Vice Mayor Plummer: Permanent or temporary certificate of...
Mr. Malinski: It's a temporary. It expires in about 15 days.
Mayor Suarez: In about?
Mr. Malinski: In about 15 days. February. What we came...
Vice Mayor Plummer: They got that on what date?
Mr. Malinski: I believe it was the...
Ms. Eva Nagymihaly: November 8th.
Mr. Malinski: They wrote for it on November 8th. I believe it was...
Vice Mayor Plummer: Excuse me. I thought that we passed here the certificate
of occupancy could not exceed 30 days.
Mayor Suarez: One renewal, I think, is what we passed. Right?
Vice Mayor Plummer: Huh?
Mr. Joe Genuardi: What was passed was that we shouldn't renew a temporary
certificate of occupancy.
Vice Mayor Plummer: But how long can they operate on a cer...
Mr. Genuardi: We can issue one up to 90 days, according to building code.
45 January 24, 1991
t
Mr. Malinski: OK. The...
Mayor Suarez: So this one has 15 days left. What would the...
Mr. Genuardi: This was from... this was issued on November the 14th, which
is...
Mayor Suarez: The temporary certificate of occupancy could be for 90 days
maximum.
Commissioner Alonso: For how long?
Mr. Genuardi: For ninety days.
Commissioner Alonso: Ninety days.
Commissioner Dawkins: Ninety days maximum. And he say you've been there
three years. Why?
Mayor Suarez: No, no, no.
Commissioner Alonso: No, no, no.
Vice Mayor Plummer: No, no.
Commissioner Alonso: It was given in...
Mayor Suarez: This was issued... it's at 15 days left of the 90 days.
Commissioner Alonso: Yes.
Mayor Suarez: What happens if the 15 days expire, and you, in your infinite
wisdom, or almost infinite wisdom, were to find that they should not have it
extended. What happens procedurally then? Where are we? Assuming that, that
were to happen.
Mr. Genuardi: Well, if they're utilizing the building, they'd have to stop
using it, and move out.
Mayor Suarez: They'd have to stop using it. Do you have a decision at this
point as to what you intend to do 15 days from now?
Mr. Genuardi: Well, in discussions with the building official, our contention
is that a CO (Certificate of Occupancy) is based on the safety of the
building, and we cannot see any life safety issues involved in the building at
this time.
Mayor Suarez: So, you would be inclined to grant a permanent?
Mr. Genuardi: If we did grant a CO, it would be conditioned with the
completion of all the landscape work, and we could perhaps...
Mayor Suarez: I thought we said, no renewals of COs or of temporary COs.
Vice Mayor Plummer: I got to tell you, this temporary is absolutely
devastating.
Mayor Suarez: Oh, you mean the permanent CO would be conditioned on...
Mr. Genuardi: Permanent CO, yes.
Vice Mayor Plummer: So any...
Commissioner Alonso: Yes, we must have some way by telling the County or
anyone else, that if they had agreed and they have an obligation to replace
the trees that were in the back of that property, they have to do so. And I
don't know why it's so difficult for the County to understand what kind of
trees they have to agree on. I don't think this is a very complicated issue.
It shouldn't be. And I would like to see this problem resolved here today
once and for all, and make it as clear as that both parties understand that
what is a tree, the size of a tree, where to place the tree, because it
doesn't seem to me that this Commission and the City employees should be
46 January 24, 1991
1
taking the time that this issue has been taken. I think it's costing the
taxpayer an excessive amount of money unnecessarily. I don't think it's fair,
and it has to stop somewhere. So, let's see if we can make very clear, if we
have to do a drawing of what a tree is and what we think it does for the
people or for the area or for whatever it takes. And if our Legal Department
advises us on how to tell them what is the issue at hand, so that we can find
something that to me it's a very simple solution. Place the trees, do it.
You have "X" number of days. They'll do it. End of problem. That's the way
I see it.
Commissioner Dawkins: Mr. Mayor...
Vice Mayor Plummer: Let me ask a question, if I may.
Mayor Suarez: Yes, yes, Commissioner Plummer and then Commissioner Dawkins.
Vice Mayor Plummer: To the administration or to the City Attorney. I'm going
to give you my personal opinion first. I think issuing a temporary
certificate of occupancy is probably one of the worst things that we do around
here, OK? I don't think it's necessary. I don't think that it... it takes
away from the clout of this City to enforce what we want. Now, is there a
provision that when the zoning administrator issues a temporary CO, that a
performance bond must be put up for compliance?
Mr. Jorge Fernandez: Not that I know of.
Vice Mayor Plummer: Well, what clout does he have to enforce it?
Mr. Genuardi: We may ask for a bond. We do, and we have in the past.
Mayor Suarez: We've done that many times in the past. Of course.
Vice Mayor Plummer: No, no, you see, I don't want you to have that
discretion.
Mr. Genuardi: No, no, there is nothing that says we have to.
Vice Mayor Plummer: So, what you're doing is, you're spinning your wheels.
Mayor Suarez: But wait, maybe there's nothing in there that says...
Mr. Genuardi: But wait, can I just...
Mayor Suarez: ...calls for that, but we do it all the time.
Vice Mayor Plummer: Well, but what I'm saying to you... you see, under normal
circumstances, this matter would not have come before us, OK? And what I'm
saying to you is, that now in 15 days when this time of this temporary CO runs
out, he has no way to enforce it. He's sitting here telling you, a CO is
based on a safety of a building, nothing else around.
Mayor Suarez: Closes it down, it closes it down.
Vice Mayor Plummer: OK? I think that what we need to do is to pass an
ordinance in this City that says, that if, for whatever good reasons, a
temporary CO is issued by the department, that a performance bond of "X"
number - "X" would be def fined as the cost to do it if the City has to go in
and do it - has to be posted by the person requesting the temporary CO.
Mayor Suarez: And, actually, that better...
Commissioner Alonso: That's what we usually do.
Vice Mayor Plummer: Well, no we don't. Not a performance bond.
Commissioner Alonso: Well...
Mayor Suarez: Well, we should do it by specificity, by saying it in the
ordinance. I agree with you, Commissioner. I also want to say that they
probably should not be called temporary COs. They should probably be called
conditional COs to...
January 24, 1991
Vice Mayor Plummer: Mr. Mayor, call them what you want, we don't, on most
cases, we don't know about conditional or temporary COs.
Mayor Suarez: Yes, and then I am just reminded by our Assistant City Attorney
It really flows from the South Florida Building Code, which we have made part
of our Code.
Commissioner Alonso: Mr. Genuardi.
Mayor Suarez: But, your other comments I fully agree with. I really think
that we ought to put in the ordinance what the bonding requirements are and
the insurance, from our perspective, that those conditions will be met with
and that there will be funds to do it with. OK.
Vice Mayor Plummer: OK, Mr. Mayor...
Mayor Suarez: But, Commissioner Alonso was pointing out too that...
Commissioner Alonso: Yes, I'm trying to ask a question, because I know that
the City of Miami requires a bond when something is pending on a property.
So, I have heard here today that, no, we don't...
Mayor Suarez: We do it.
Commissioner Alonso: ...and we do it in some cases and in some cases we
don't. How do you do it when people are blonde or blue eyes, or dark hair?
When do you do it? Because it has to be done in every case, and I have seen
that in many cases that you do require the bond.
Vice Mayor Plummer: OK, well let me ask...
Commissioner Alonso: So, something is in place that you do it sometimes.
Vice Mayor Plummer: Let me ask, in this particular case, was there a bond
posted by the County?
Mr. Genuardi: No, there wasn't.
Commissioner Alonso: Why?
Vice Mayor Plummer: Why didn't you...
Mr. Genuardi: Well, what happened is this time is that at the Commissioner
meeting of November 8th, it was indicated that there was an agreement and that
the County would do everything that the Nagymihaly's wanted. And on that
basis, a resolution was passed.
Vice Mayor Plummer: Yes, and Mary Poppins is a junkie.
Mr. Genuardi: Then also, I got assurance from the County that all the work
would be done, and my TCO (Temporary Certificate of Occupancy) what it said
was, subject to submitting revised plans and doing the work as agreed upon.
Vice Mayor Plummer: OK. They're obviously not going to be able to comply.
Mr. Genuardi: Yes, but they have submitted plans, and you can see that from
even....
Vice Mayor Plummer: When is the work going to be done?
Mr. Genuardi: They have been working with Charlie Crumpton, who was the
consultant for Nagymihaly. They submitted plans, and there were certain
discrepancies. The plans were sent back. December 19th, another set of plans
was sent with certain small corrections being made - the size of a planting
area from six foot to seven feet and to put a guard along the fence so that
the dirt wouldn't wash away.
Commissioner Dawkins: What is a CO?
Vice Mayor Plummer: What is a what?
r
Mr. Genuardi: A CO is a certificate of occupancy which says that this
building is safe to occupy.
Commissioner Dawkins: All right, what is a temporary or con... all right,
well what is a temporary or a conditional CO?
Mr. Genuardi: A temporary is given when there are certain minor things to be
corrected which do not affect the safety of the building.
Commissioner Dawkins: What is minor and how minor is major?
Mr. Genuardi: Again, we're talking about building...
Mayor Suarez: Very minor, very very minor.
Commissioner Dawkins: No, definitely I'm not talking about a remote control
automobile.
Mr. Genuardi: Yes, well...
Commissioner Dawkins: I'm talking about - you're right, I'm not talking about
a remote control automobile. I'm talking about a house. So now, what is
minor and what is major? -according to you as the zoning director, what do you
consider minor and what do you consider a major?
Mr. Genuardi: Certain finishing work in the building which doesn't affect the
occupancy, or the safety of the occupancy of the people.
Commissioner Dawkins: Things or...
Vice Mayor Plummer: That's got to change.
Commissioner Dawkins: ...well, all right, nouns, the names of person, places,
or things. Name me some of the things.
Mayor Suarez: What kinds of things typically, Joe?
Mr. Genuardi: I'm trying. I'm trying to think of...
Vice Mayor Plummer: Wait a minute, wait a minute. Can I... let me try to
extract an answer by asking a question.
Mr. Sergio Rodriguez: Landscaping is one of them.
Vice Mayor Plummer: Mr. Genuardi...
Commissioner Alonso: It's landscaping.
Mr. Genuardi: Well, landscaping is one of them, but I was trying to think of
something in a building.
Commissioner Alonso: It's done often when in winter time, the landscaping
cannot be completed because of the weather. It's done often.
_ Commissioner Dawkins: Yes, you know, you know, Commissioner, I hear you, OK?
I hear you. You and I get paid $143 every two weeks. I got one man over
there...
Vice Mayor Plummer: You get that much?
Commissioner Alonso: I get $168.
Commissioner Dawkins: I got one getting $90,000 a year, and I got one getting
$80,000 a year, got another one getting $60,000 a year, and they can't tell me
what is minor and what is major.
Commissioner Alonso: They couldn't come up with an answer.
Commissioner Dawkins: And tell me he can't tell me off the top of his head?
a
Where can he tell me from?
49 January 24, 1991
i
3
Vice Mayor Plummer: Let me ask a question...
Mayor Suarez: The perfect example is the one we're involved in. It shouldn't
have taken this long to get it out of you guys, but the perfect example is
landscaping. All right.
Vice Mayor Plummer: Mr. Genuardi, sir....
Commissioner Dawkins: No, no, no, no. No, I let you all run on and on and
on. Now, let me run on and on and on. Don't cut me off....
Mayor Suarez: You want other examples, Commissioner? OK?
Commissioner Dawkins: See, I waited till you all finished...
Mayor Suarez: How about other examples?
Commissioner Dawkins: How long did I hold up my hand waiting, Mr. Mayor?
Mayor Suarez: Quite a long time.
Commissioner Dawkins: All right.
Mayor Suarez: What other typical things do we have like this that would be
called minor? -because we really ought to get that definition clear so that in
the future when these contemporary COs keep coming up....
Mr. Genuardi: Can I...
Commissioner Dawkins: What is a minor infraction that will permit you to
issue a temporary certificate of occupancy in a home, an office building, or a
hospital like this?
Mr. Genuardi: Well, one of them, as they've mentioned, is landscaping. But,
let me have the building official...
Mayor Suarez: We got that, Joe.
Commissioner Dawkins: We got landscaping, OK?
Mr. Genuardi: Let me have the building official maybe respond...
Commissioner Dawkins: Beg your pardon?
Mr. Genuurdi: Let me have the building official respond to that because this
is certificate of...
Commissioner Dawkins: No, no, I need...
Mr. Rodriguez: No.
Commissioner Dawkins: But you signed the letter.
Mr. Genuardi: No, I approved it for zoning for a temporary.
Mr. Rodriguez: Can I clarify this?
Mr. Genuardi: With the understanding that the landscaping would be completed.
Commissioner Dawkins: OK, then, all right, well what would be a major....
Vice Mayor Plummer: You know what? We got a screwed up system.
Commissioner Dawkins: What would be a major... now, you just keep telling me,
I keep asking you to please give me the courtesy that I give you and wait till
I finish.
Mayor Suarez: Please, go ahead, complete your inquiry, Commissioner.
Commissioner Dawkins: Zhank you, sir. What would be a major infraction?
Mr. Genuardi: Well, that the...
50 January 24, 1991
Commissioner Dawkins: So much so that the building would have to be
demolished?
Mr. Genuardi: The access ways to the building may be obstructed by
construction that should...
Commissioner Dawkins: Access - OK, what does access way mean?
Mr. Genaurdi: The pathway leading from the...
Commissioner Dawkins: The way the ambulance come in, the way a ambulance
comes in, the way a guy on a wheelchair comes in or what?
Mr. Genuardi: It could be the pathway leading to the doorway, the entrance
way in the building, may not be correct.
- Commissioner Dawkins: And that's major enough to push the building down?
Mr. Rodriguez: To stop...
Mr. Genuardi: Yes, because we have to look at the safety of the public.
Commissioner Dawkins: Beg your pardon? To demolish the building?
Mayor Suarez: To close it, to close it.
Mr. Genuardi: Not demolish, no, no.
Mr. Rodriguez: Mr. Mayor...
Commissioner Dawkins: Beg your pardon?
Mr. Genuardi: Not issue a certificate of occupancy.
Mr. Rodriguez: Commissioner...
Commissioner Dawkins: But you just said that if we gave the Commission... a
temporary CO for 90 days, it's automatic.
j Vice Mayor Plummer: We're making a mistake. I am totally opposed to
! temporary COs.
Mr. Rodriguez: Commissioner, may I say something? -to try to help in the
process. First we have the building permits. The building permit what allows
them to build a building. Before they can occupy it, then they get a
certificate of occupancy.
Vice Mayor Plummer: Right.
Mr. Rodriguez: So, the certificate of occupancy doesn't necessarily demolish
a building. It will stop them from occupying the building if there are any
life safety situations that might be there. An example, if they were to have
the fire detectors, the fire alarms in the building, that were not in place or
properly in place, we will not give them a final.
f Mayor Suarez: Any structural deficiencies...
Vice Mayor Plummer: But you have in the past done that.
Mayor Suarez: ...any electrical deficiencies...
Mr. Rodriguez: I don't know.
Vice Mayor Plummer: I can tell you, you did.
Mayor Suarez: ...any plumbing deficiencies...
Mr. Rodriguez: Well, then we made a mistake.
Commissioner Dawkins: Thank you.
51 January 24, 1991
_i
s�;
Mayor Suarez: ...any access, entrance way, safety. Any of those things are
sufficient to deny the C07 Major items?
Mr. Santiago Jorge -Ventura: Yes.
Commissioner Dawkins: Therefore, if this building was built, and you went in
there right now...
Mr. Ventura: Mayor, may I explain to you...
Commissioner Dawkins: ...and that according to the Florida State Statutes,
instead of sprinkling fire alarm, they got in there - what's that thing you
see on TV that operate with a button? -they got that kind of a fire detection
system. Could you shut the building down?
Mr. Ventura: Yes, it's a life safety, it's a life safety.
Commissioner Dawkins: All right, you shut it down until what?
Mr. Ventura: Let me explain to you, Commission.
Mayor Suarez: Yes!
Vice Mayor Plummer: I want to take that out of his hands.
Mayor Suarez: The answer is yes! For any of those major items...
Mr. Rodriguez: Yes.
Mayor Suarez: ...you don't give a CO. Or you put an end to it.
Commissioner Dawkins: Now, I'll get through with this, Mr. Mayor...
Mayor Suarez: Thank you.
Commissioner Dawkins: Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Commissioner Dawkins: Is it legal for this Commissioner to attempt to pass
legislation which prevents the issue of temporary COs?
Mayor Suarez: That's the same question that we've had pending from Vice Mayor
Plummer, we may as well get an answer to that. What is the answer, Mr. City
Attorney, in view of the South Florida...
Mr. Fernandez: To the extent that we have adopted the South Florida Building
Code and made it ours, and the South Florida Building Code provides for the
issuance of temporary COs, then, unless we do something to rescind that or...
Commissioner Dawkins: That's my answer. How do I got about doing what I have
to do to rescind it? And is it possible to do what I have to do to... no, all
right, here... I'll leave this alone, Mr. Mayor. I'll meet with you. You
tell me how I can go to the South Florida Building Code to re...
Vice Mayor Plummer: No, I'm not going to leave it alone. Uh uh.
i
Mayor Suarez: We have to adopt, we have to adopt...
Vice Mayor Plummer: Is it not within the purview of compliance with the South
Florida Building Code that this Commission has only that right to issue?
Mayor Suarez: We have to adopt one of the codes...
Mr. Fernandez: Yes.
Mayor Suarez: ...and I'm not sure that the others ones don't have the same
provisions. But, we ought to look at it and get a report back from the City
Attorney. We want to get tougher and tougher on temporary COs. We
eliminated, Commissioners remember, the extension of any temporary CO. We've
said that to us that doesn't make any sense, and I think it has to be approved
by this Commission, and we try to do it so that it would be in accordance with
52 January 24, 1991
the South Florida Building Code. Mr. City Attorney, would you check back with
us what other building codes we might adopt, assuming we all agree that this
is something that we ought to tighten down on, and maybe have other provisions
of other building codes that are more restrictive on this issue, and see if we
can adopt them.
Mr. Fernandez: All right.
Mayor Suarez: Thanks.
Mr. Rodriguez: And it might be possible also that we might be more
restrictive than the ordinance....
Mayor Suarez: We may be able to be more restrictive than the South Florida
Building Code.
Mr. Fernandez: Yes.
Vice Mayor Plummer: And, let me tell you something, as far as I'm concerned,
I want a performance bond at least in the amount of what the project would
cost to be completed if not done. We automatically get that performance bond
and we do the work or we bid that work out.
Commissioner Dawkins: That wasn't... J.L., J.L., that wasn't... J.L.,
J.L.....
Mr. Ventura: We request this and it's part of our requirement, but
sometime...
Commissioner Dawkins: ...that must be cash or letter of credit.
Vice Mayor Plummer: I was saying a performance bond or letter of credit.
Whatever kind.
Mayor Suarez: OK.
Vice Mayor Plummer: You see, let me tell you something...
Mr. Ventura: It depends on the person, it depends on the person.
Vice Mayor Plummer: ...Mr. Genuardi, may I ask a question? Sir, you issued a
temporary CO on the Rabin Marina on Rickenbacker Causeway. Have they ever got
a permanent CO?
Commissioner Dawkins: No.
Mr. Genuardi: This was quite some time ago.
Vice Mayor Plummer: That's exactly correct.
Mr. Genuardi: I couldn't answer that. I would have to check if they did.
Vice Mayor Plummer: You issued a temporary CO with 33 provisions to be met
before the final CO. I'm asking you, sir, if, in fact, that has ever received
a permanent CO and those 33 provisions were complied with?
Mr. Genuardi: I couldn't answer you now. I'd have to look...
4 Mayor Suarez: All right, when you have the answer, please let us know. You
don't need to restate that you can't answer a question.
Vice Mayor Plummer: Just for your information, one of those 33 items was in
relation to fire alarms.
Commissioner Alonso: OK, yes, I...
Mayor Suarez: All right, now we're in a classic minor item situation here of
landscaping, but may be major in view of their objections. So, that's where
we are. Commissioner Alonso.
Commissioner Alonso: I have two questions. And, of course, we'll have to go
back to their item, because we are way off. But, let me ask these two
53 January 24, 1991
questions that have to do. Performance bond, we have it in effect now in the
City of Miami. My question is, why do we charge, why do we ask for
performance bonds from some people, and from others we don't?
Mr. Ventura: Let me explain to you, Commissioner. Like I was explaining to
you before, I was trying to explain to you before. It depended on the trades.
I say trades as a mechanical section, electrical section, Public Works
Department, zoning administrator, to...
Commissioner Alonso: Public Work will not let you get away without a
performance bond, ever.
Mr. Ventura: OK.
Commissioner Alonso: They'll kill for it.
Mr. Ventura: But, it depended...
Commissioner Alonso: And then you have to kill to get your money back.
Mr. Ventura: OK, but it depended, from the chief of that division to take
that decision. If he requested performance bond, we accept the performance
bond. Sometimes they request a contract signed by somebody that they are
going to do the job, will be done. But it depend on the chief of that
division who request it.
Vice Mayor Plummer: No, no, no, no
one that's issuing it.
Mr. Ventura: No, no....
That's not correct. Because he's the
Mr. Rodriguez: It's not him. It's Santiago.
Commissioner Alonso: No, it's not up to him.
Vice Mayor Plummer: Who issues the temporary CO?
Mr. Ventura: Commission, Commission....
Mr. Rodriguez: The building official is the one...
Mr. Ventura: Let me explain to you...
Mr. Rodriguez: Santiago, let me finish. The building official, which is
Santiago Ventura...
Mr. Ventura: I'm confused.
Mr. Rodriguez: ...is the one that issues the permit.
Vice Mayor Plummer: Who is that?
Commissioner Alonso: He is.
Vice Mayor Plummer: You're Ventura?
Mr. Rodriguez: Right.
Mr. Ventura: Yes, sir, yes, sir.
Vice Mayor Plummer: OK.
Mr. Rodriguez: Genuardi makes recommendations...
Mr. Ventura: No, no, let me... OK...
Commissioner Alonso: And before, it was not him, it was someone else.
Mr. Ventura: I would like to explain to you the procedure that we have,
because it's a confuse over here.
54 January 24, 1991
Vice Mayor Plummer: I don't want to hear the procedure you have, because
obviously it's screwed up.
Mr. Ventura: No...
Vice Mayor Plummer: I want to know how to correct it.
Mr. Ventura: OK.
Vice Mayor Plummer: And, to me, it's very simple. You get a performance
bond - not just on the building - you get a performance bond on the plans in
total in an amount that if they do not complete it within the 90 days, we take
the money. That's what I want to do. Other than that, you have no clout.
You have no enforcement arm, and as far as I'm concerned, we got too damn
many. When Edith - what's her name? - came in here.
Commissioner Alonso: Fuentes.
Vice Mayor Plummer: She told us that she had over what? -a thousand temporary
COs that were outstanding when she took over? Huh? Does that speak highly of
our system? It speaks poorly of our system.
Mr. Ventura: Commissioner, I don't see any problem about what you're
proposing.
Mayor Suarez: OK, all right...
Vice Mayor Plummer: Then why not do it?
Mayor Suarez: ...let's work on it and bring it back to the Commission,
Santiago, but we really have to get through this item. We have some other
planning and zoning items.
Commissioner Alonso: We have to go back. One other comment, if we change the
Code, be certain we know the implications that they might have in some of the
other items not related to this. So, let's be aware...
Vice Mayor Plummer: To my colleagues...
Commissioner Alonso: ...the establishment, for example, of day care centers.
If we go in a more restrictive way, are we going to be able to have day care
services in the City of Miami? Be aware of where we are heading, because it
could be very dangerous. If we go to something more restrictive, what's going
to happen?
Mr. Rodriguez: I think the concern that we have is...
Mayor Suarez: Yes, and I'm not sure that we want to get any more restrictive
either.
Vice Mayor Plummer: My premise is simple. You say you're going to do this,
and you put up a bond to guarantee that you're going to do what you say you're
going to do. And if you don't do it in 90 days, bingo! Hey...
Mayor Suarez: That's much more logical, to have it by prescribed procedure,
rather than sort of at our option or whatever we think.
Commissioner Alonso: So, go back to ten.
Mayor Suarez: OK. So are we more or less in agreement here that the basic
thrust of the item, as is now before us, because of the other objection being
somehow procedurally precluded, has to do with the landscaping and the buffer?
Mr. Malinski: Mayor Suarez....
Mayor Suarez: No? Anything else...
Mr. Malinski: Yes.
Mayor Suarez: ...before we hear from them? And she's been...
Mr. Malinski: Yes, there's one item. And, again, I'm coming back to what you
suggested on the 10th of January and we're here on the personal appearance,
which is the temporary CO issue. Commissioner Plummer used the perfect word,
and the word was clout. The opportunity the Nagymihaly's had to secure a
redesign and to secure a replanting of their buffer zone, was in the
withholding of the certificates of occupancy. And I enumerated in your
package six letters from your own officials that said, there will be no
temporary or permanent CO issued until this matter is satisfied. That was the
leverage that the Nagymihaly's had. Forgetting for a moment, the issue of
safety in the failure to issue a CO. That was the influence the Nagymihaly's
could assert in getting the trees planted, in getting the walls built, in
getting the work done. The issuance of that temporary CO has eliminated any
incentive on the part of the County to do that work in a timely fashion.
Mayor Suarez: But the sanctions, unless I'm mistaken, should not be what
you'd emphasize. It should be the merits, because it seems to me that we
could cancel the certificate of occupancy in 15 days in any event. And then
they would not be able to use the facility, so why don't you...
Mr. Malinski: That's why we're here.
Mayor Suarez: Unless I'm wrong, I mean I'm sure they could go into court and
argue that there's not sufficient grounds. I don't know. But, in the
meantime, this Commission might very well be inclined to do that. And so that
would be plenty of clout. Why should we do that, and why should we not do
that?
Commissioner Alonso: The County will not use the taxpayers money to go to
court for that.
Mr. Malinski: Well, why should you do it? Mayor Suarez, the plan approved by
the Zoning Board, the plan the Nagymihaly's wanted was a plan, in existence,
i in the record. It is dated November 1, it is from Sasaki. That is the plan.
That is item PZ-11. We want that plan imposed on the County, built and
completed in a timely fashion, and that does not mean June, July, or August.
That means in a couple of weeks.
Mayor Suarez: We hear you.
Mr. Malinski: It requires the building of a wall and the planting of trees.
Mayor Suarez: We hear you.
Mr. Malinski: That's no more...
Mayor Suarez: Is that the basic thrust of the argument? -so we can hear from
them?
Mr. Malinski: yes.
Mayor Suarez: Thanks. Counselor.
Joni Armstrong -Coffey, Esq.: Good morning, I'm Joni Armstrong -Coffey on
behalf of Dade County, Assistant Dade County Attorney.
Mayor Suarez: Joni, we're going to have to swear you in. It seems
particularly strange for another municipality, but we have it on the books.
Ms. Coffey: I'm certainly happy to do so.
Vice Mayor Plummer: Especially the County.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 OF PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Coffey: As you might imagine, the County is in serious disagreement with
a number of the matters that have been presented to you this morning. What I
want to emphasize to you, from the outset, is that the County's last interest
is in delaying completion of this landscaping project. Completion of this
project has been foremost in the Department of Human Resources' mind since we
began to have this conflict with our neighbor. Specifically, however, what's
before you today are two things. One is this procedural matter as to whether
56 January 24, 1991
or not Ms. Nagymihaly obtained adequate notice in February of 1988, of whether
or not this wing, this nursing home wing, should ever have been built. The
Zoning Board determined that that kind of appeal was untimely, an appeal from
Mr. Genuardi's April 17th, 1989, letter. And furthermore, there was evidence
introduced into the record that the notice went to the same place that all of
the tax records - all the tax bills go to, for the Nagymihaly's - and their
tax bills are paid regularly. So that issue is PZ-10. PZ-11 as you, Mr.
Mayor, suggested, is the main issue I think we have here, which is the
landscaping issue. What I want to let you know is that, as far as the County
is concerned, the settlement agreement that was reached on November 8th was an
agreement that is binding and that the County has complied with in good faith
from the outset. Specifically, this is what the parties agreed to immediately
before we came to you on the appeal of the Heritage Conservation Board
hearing. It was, in fact, the Sasaki Plan of October 15th...
Mayor Suarez: You might want to take that mike that...
Ms. Coffey: I think I can stand here. ...with exactly three modifications.
The County wants this plan imposed today, the same one that was imposed on
November 8th. We want the same plan so we can get a building permit and go
forward with the landscaping. But, basically, it was this Zoning Board Plan -
the one the Zoning Board had approved with three modifications - which is
that, between our properties, we'll have an aluminum fence - you may remember
the discussion of aluminum fences - instead of a masonry wall, that will have
larger and more trees than the Heritage Board required and that we will build
a decorative masonry wall across part of the south facade of the building.
The County is still in agreement with that. The County went to the expense of
agreeing to this additional plan and additionally, a side agreement with Miss
Nagymihaly regarding payment of attorneys' fees, for the sole purpose of
getting a CO so we can finish construction on this project and get sick people
in. Now, on the matter of the working drawings, what I want you to know is
that on December 7th...
Mayor Suarez: Those modifications were made after the agreement was announced
here at City Hall?
Ms. Coffey: No, sir, there were no other agreements. They were working
drawings to be made. As you can see, this is a schematic.
Mayor Suarez: You said there was a basic plan agreed upon and then you said
there were three modifications. Were those ever agreed to...
Ms. Coffey: Yes, sir, those were announced...
Mayor Suarez: ...on the record or...
Ms. Coffey: Those were announced into the record and I have the transcript.
I'd be happy to read it to you, if you want to hear it.
Mayor Suarez: To the record of this Commission or of the Board?
Ms. Coffey: Yes, sir, this Commission. And, in fact, what I want you to know
that Mr. O'Donnell, her former attorney read into the record was, "...my
statement tonight is that we have reached a settlement agreement with Dade
County which will resolve all the issues with Dade County and with the City in
this matter." Don't forget, the City is a defendant in the same court
litigation regarding this matter. So, this was to resolve the whole thing.
The County went to a considerable expense to resolve the litigation, to
resolve the Heritage Board appeal, to resolve the Zoning Board appeal, and to
resolve the issue of the notice back in 188. Now, on December 7th, our
architect had reduced this matter to working drawings. December 7th, Charlie
Crumpton. Mr. Crumpton had exactly two problems with the plans - the working
drawings. He wanted one tree moved, and he wanted a little metal strip across
the property to retain soil. Mr. Crumpton since has said to our architect,
the County architect, Narindra Jarlie, is here, "No, forget the little metal
strip. All we want is to move the one tree." We moved the tree, we sent it
to Mr. Crumpton. Mr. Crumpton has no problems with the working drawings. I
think it is Miss Nagymihaly who doesn't want this project to proceed. Now,
the County, I have to tell you, has acted in good faith, has laid forth an
enormous expense in order to expedite this matter, not to slow this matter.
In no respect, has it been the County's intention to delay this. What it
needs to do is finish the wing, finish the renovation of the existing
facility, and finish the landscaping.
57 January 24, 1991
Mayor Suarez: All right, let's before we forget the points of contention,
hear from the Commission, and then from the opposing party. Because,
otherwise, we're at a level of detail here that this Commission really, really
is having a tough time with little strips of metal, and width of trees, and so
on.
Ms. Coffey: I know. What I want to ask this Commission to do, is to deny the
appeal on the procedural issue.
Mayor Suarez: I figured that's what you wanted us to do.
Ms. Coffey: With PZ-11 to be very specific, impose the same plan that was
imposed in November...
Mr. Suarez: OK.
Ms. Coffey: ... and finally, I want to suggest to you, and maybe to your City
Attorney's office, that the matter of the temporary certificate of occupancy
is not before this board.
Mayor Suarez: OK.
Ms. Coffey: Because it's simply...
Mayor Suarez: We wanted an idea of the status of that. Commissioner Dawkins.
Commissioner Dawkins: I don't have any problem with that not being before me,
but it is before me if I want to hear it. OK?
Ms. Coffey: yes, sir. And what I did want...
Commissioner Dawkins: But, all right, secondly, Mr. Genuardi, sir, because
I've just about had it with this. The plan for the trees that you signed off
on, that if they completed this plan, where is it?
Mr. Genuardi: I haven't signed off on any plan. The plans were submitted by
the County to Mr. Crumpton for his review, initially.
Commissioner Dawkins: All right, now let me... see, all right, I am a slow
learner, get back up, and go with me. The plans or the letter, or whatever
you signed, sir, which said equal issue the temporary CO on the plans as
submitted, what did you mean by that?
Mr. Genuardi: I meant the plan that was presented at the Commission meeting
on November 8th by Sasaki's representative, Charlie Crumpton.
Commissioner Dawkins: Where is that plan?
Vice Mayor Plummer: Is this it here?
Mr. Malinski: No, it is not.
Commissioner Dawkins: Where, sir, where is that plan?
Mr. Genuardi: I don't know, the County may have a copy of it.
Commissioner Dawkins: Beg pardon?
Mr. Genuardi: I don't have a copy of it.
Commissioner Dawkins: Why not?
Mr. Genuardi: It was presented at the Commission meeting, but I wasn't
given...
Commissioner Dawkins: All right, I'll tell you what. OK, well then, how do
you know if they have complied with what you want?
Mr. Genuardi: I was relying on the consultant from Mrs. Nagymihaly to review
it, and say yes, it does comply, and when they signed off that this was it,
then I would accept that plan.
58 January 24, 1991
Commissioner Dawkins: So I am going through all of this because you were too
lazy to do your job, and you allowed on somebody's consultant to do it for
you.
Mr. Genuardi: No. I made the decision of what trees to replace initially.
This was appealed...
Commissioner Dawkins: All right, that's what I am trying to... OK, now where
are we with that decision that you made?
Mr. Genuardi: It was completely changed from what I...
Commissioner Dawkins: Where are the trees? - are the trees in place that you
demanded?
Mr. Genuardi: No, nothing has been done, because this has been on appeal
since that time.
Commissioner Dawkins: On appeal?
Mr. Rodriguez: Commissioner.
Commissioner Dawkins: Why is...?
Mr. Genuardi: My decision was appealed to the HC board, and to the Zoning
Board.
Mr. Rodriguez: And now to you.
Mr. Genuardi: And now it has come to you.
Mr. Rodriguez: Let me try to help you with this. At the November 8th meeting
when this item was going to be heard, the applicant... the attorney for Ms.
Nagymihaly and the attorney for the County told us in the record that they
have an agreement. And they were going to leave the details of that plan,
that we never saw, because they were talking among ourselves out of the
chambers that day. They put in the record that they had an agreement, and at
that point, they were going to have a plan that Mr. Sasaki, working for Ms.
Nagymihaly was going to approve, based on that agreement. And that's why the
condition that was imposed by Mr. Genuardi, as a recommendation for giving the
temporary CO, mentioned that it is subject to the site plans, landscaping
plans that had to be submitted. In the meantime, we have been waiting for
that plan to be approved by Miss Nagymihaly and her hired people, you know,
her landscape architect, and architect, and lawyers, and so on, to be
approved, so that the County can proceed with this. But apparently there have
been a disagreement on the previous agreement, and now that's why they are
before you taking of advantage of the fact that this item was continued to
today, in case there was a disagreement.
Commissioner Dawkins: So the argument is that, the City of Miami, never
seeing any plans, never knowing what was going there, agreed to give a CO on
the strength of, we will agree with what you bring later. Is that a correct
statement?
Mr. Rodriguez: We will agree to what you submit later that will be
acceptable.
Commissioner Dawkins: Be,; pardon?
Mr. Rodriguez: That will be acceptable to the two parties.
Commissioner Dawkins: OK. Well if is... I've already issued a temporary CO,
and if it is not acceptable, how do I take the temporary back?
Mayor Suarez: Don't give it permanency.
Mr. Rodriguez: The temporary CO was issued basically, Mr. Commissioner, on
the building, because it was a structure, we are not dealing with the other
issues of the trees in that particular temporary CO.
R
59 January 24, 1991
Commissioner Dawkins: You see, the Mayor, and all of us up here, I mean, I am
thoroughly confused.
Vice Mayor Plummer: It is a hell of a way to do business.
Commissioner Dawkins: So, I issued a CO for the building, I'm dissatisfied
with the landscaping, so therefore, I will not permit you to drive your cars
across the landscaping to get to the building. What have I done?
Mr. Fernandez: Yes, Commissioner Dawkins, on the strength of the statements
made by Miss Nagymihaly's attorney on the record, that this item had been
settled and there was full and complete agreement, we participated with the
Building and Zoning Department in suggesting to them that they could proceed
on a legal basis to issue the TCO.
Commissioner Dawkins: OK. Stop right there, then. Then if the attorney said
to you that there was an agreement, and you accepted that, why are we back
here?
Mr. Fernandez: Well, I am sure the County attorney's office would like to
address that point. I believe that they have pending proceedings in court.
Commissioner Dawkins: No, no, no. I
don't
need...
no, no, no. You are the
one.. see, I don't want nothing going
back
to her.
You just read off some
stuff to me that we pay you to read to
me, so
now you
tell me why, you...
Mr. Fernandez: Yes.
Commissioner Dawkins: ...that if this this was agreed upon, why you allowed
it to come back before me when you had an agreement?
Mr. Fernandez: Because there was a pending appeal that was travelling all
along, and that was coming up to you. Which is the appeal that is right here
now on item 11, which was discussed on November 8th but because of the offer
of settlement, then you all agreed to continue that item until this date, and
hopefully, what we would have heard today, was that everything is done and
complete, and this item would not have taken but one second.
Commissioner Dawkins: So this item...
Mr. Malinski: But, it is not.
Mayor Suarez: All right, procedurally, we probably will never understand
this, but...
Mr. Malinski: Let me... if I may.
Mayor Suarez: ... let's get on the issue of why the landscaping plan is not
acceptable. It looks very similar to the one that is up there.
Commissioner Alonso: Exactly, off the record.
Mr. Malinski: Fine, OK. If I may.
Commissioner Alonso: What is the difference between this one, and the one
that the County presents to us?
Mayor Suarez: And keep in mind that we are not, all of us, landscape experts
up here. You better explain to us why we should be spending all this time on
this issue, go ahead.
Mr. Malinski: OK, if I may, and I will let Ms. Nagymihaly explain it because
she has both of the plans. I'd like to make two small points. Number one, on
PZ-11, what we are here on is a plan that is in the record. It is exhibit 6
to a series of documents, the zoning board had and considered, and passed as a
resolution.
Mayor Suarez: OK. Do we have that exhibit to show it? Is it any of these
marked as an exhibit?
Mr. Malinski: Yes, it is, absolutely.
60 January 24, 1991
Commissioner Alonso: Which one?
Mr. Malinski: It is the November 1, Sasaki plan, the zoning board...
Mayor Suarez: That could in fact be marked - is that the same exhibit, or
could be identified as being the same exhibit that we approved?
Mr. Malinski: Yes, the notations on it, the inked in notations on it are not
on the November 1, plan before the Commission, but that is the plan.
Mayor Suarez: OK. I understand. All right, let's assume that's the case,
fine.
Commissioner Alonso: What is the difference?
Vice Mayor Plummer: Well, let's ask...
Mayor Suarez: We are going to compare one to the other, I have indicated, and
I have heard whispered from the left side from where I am sitting, from
Commissioner Alonso, and I am inclined to agree with her that they look pretty
similar. So explain to us why you don't think they are very similar, why we
should be taking forty-five minutes of this Commission's time to argue about
this with the County.
Mr. Malinski: Fine. Miss Nagymihaly will do that. Before she does that, let
me just point out to Your Honor, that the issue of the settlement. The
settlement said, we will take that November plan, we will make some changes in
it, and the changes have to be approved by the Nagymihaly family, and by the
Sasaki consulting people. And the County has told us that the Sasaki people
have approved it. As of December 31st, Mr. Crumpton, from Sasaki, is writing
to Mr. Genuardi saying, we cannot approve the County's changes, do not issue a
permit. Now, December 31, 1990, Mr. Genuardi has that letter. The amendments
to that November 1, plan were never agreed to. Now, that's the November 1
plan the zoning board approved.
Mayor Suarez: We gather there is a disagreement on the plans. Now, would
somebody please tell us what the difference is.
Ms. Eva Nagymihaly: Yes.
Mayor Suarez: Yes.
Commissioner Dawkins: Mr. Mayor, I'd like to make a motion.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: That this be given to the zoning, back to them, and
that they look at it and let them work out whatever the difference is between
the two, and that they as professionals come back and tell us what the
difference is, because as you've said, Mr. Mayor, we have spent forty-five
minutes on this, and we've got item 11 behind it, and I would move that this
be referred back to the administration, and they come... and the
administration should be prepared to give me a recommendation of how to vote
on it.
Ms. Nagymhaly: Mr. Dawkins, may I?...
Commissioner Alonso: Don't we have legally?...
Mayor Suarez: Wait, wait, wait, nobody has recognized you, please.
Commissioner Alonso: Mr. Mayor, I...
Mayor Suarez: the problem with the motion is that we have a recommendation.
Commissioner Alonso: Don't we have to take a legal action today on this item?
Don't we have to take action?
Mayor Suarez: We have to do something today, unfortunately.
Mr. Fernandez: You don't have to take a legal action, this item may be
continued.
61 January 24, 1991
Mayor Suarez: Please, please, please.
Commissioner Alonso: On ten?
Mr. Fernandez: If I hear Commissioner Dawkins motion being a motion to
continue the item, that can be legally done.
Commissioner Dawkins: All right, I'll go back, I'll make another motion, Mr.
Rodriguez, what is your recommendation?
Mr. Rodriguez: Our recommendation is that you deny the appeal on item number
10, and that you approve the appeal on item number 11, as modified to reflect
the settlement agreement that was in the record of November 8th 1990, when it
came before you, which is the Sasaki as modified.
Mayor Suarez: OK. But all of that...
Commissioner Dawkins: I move the motion of the administration.
Mayor Suarez: Right. But what those recommendations indicate is that, we
would be in effect approving the County's scheme.
Mr. Malinski: That's correct.
Vice Mayor Plummer: Well, not necessarily.
Mr. Rodriguez: The County plans as agreed to by the November 8th meeting.
Mr. Malinski: But there is no agreement.
Mayor Suarez: All right, now, let's hear, please what the difference is, so
that we have an idea why we are at issue. It seems like everything we have
argued so far, is procedure. What is the difference, somebody tell us.
Ms. Eva Nagymihaly: All right. My name is Eva Nagymihaly, and I have been
involved in this for over two years.
Mayor Suarez: We know all that, please tell us about the difference between
the two.
Ms. Nagymihaly: Well, I'm... I will explain it. The problem with the plan,
as my attorney at that time, Tony O'Donnell did say, we had an agreement.
That agreement, as I had talked with Tony O'Donnell before he came up here at
the last hour saying, we had an agreement, I said, how do I know that this
agreement will happen? He said, don't worry Eva, your power is, they cannot
get their CO so, therefore, accepted.
Mayor Suarez: Eva, we know the procedural posture of this matter. How is
that, which we thought was the agreement, and which I am looking at now as...
Ms. Nagymihaly: Well, they have no numbers on it. It doesn't show the
height...
Mayor Suarez: Being a sepia, or a blueprint on top of our chairs, how does
that differ from this cardboard rendering that I see up here, to the extent
that we should take any notice of it and override the recommendations of our
staff, that Commissioner Dawkins is inclined to accept. Please, tell us,
quickly..
Ms. Nagymihaly: Well right now, there are no numbers on it, the little green,
little furry things stuck on there, but it doesn't say how big they are...
Mayor Suarez: OK. You are saying that doesn't adequately...
Ms. Nagymihaly: ...That does not reflect anything except a drawing, and the
original that was accepted, the Heritage Conservation Board ruled in our
favor, unanimously, that we had a legal complaint. The Zoning Board, seven to
one ruled in our favor, and produced a plan, and that was the Sasaki plan of
November lot, that we had. This is not the plan that is up there.
Mayor Suarez: How are they different?
62 January 24, 1991
Mayor Suarez: You just said, the one thing that I have heard you say that is
different, is that this one here, the cardboard one, has...
Mr. Nagymihaly: But this is what they are submitting, it was not approved.
The Zoning Board approved the plans.
Mayor Suarez: How are they different, Eva? You have told us one thing so far
which is that these trees have no particular markings or numberings, and
presumably no area of coverage.
Vice Mayor Plummer: Does anybody have a copy of the so called, Sasaki plan of
November 1st?
Ms. Nagymihaly: I do.
Vice Mayor Plummer: Where is it? That's it? OK.
Mayor Suarez: How are they different?
Commissioner Alonso: How it differ from this?
Vice Mayor Plummer: How does it differ from that to this?
Ms. Nagymihaly: One has numbers on it, and says that the wall... the one that
I have shows a 4 foot decorative wall going all the way across 275 feet
instead of the construction fence that they left up there. On top of that...
Mayor Suarez: OK. You wanted the 4 foot decorative wall, and...
Ms. Nagymihaly: Which they have over every single area.
Mayor Suarez: They now, propose a what, a fence?
Ms. Nagymihaly: That was the agreement that we were supposedly...
Mayor Suarez: What is the difference between a decorative wall and a fence?
Ms. Nagymihaly: One is concrete, and the other one is aluminum.
Mayor Suarez: We have one Commissioner up here, for example, who prefers the
fences to the walls. So, what are you saying? You are saying that...
Ms. Nagymihaly: I am saying that, we had agreed at the Zoning Board to have a
4 foot concrete wall, decorative as the rest of the wall is over 2/3rds of
their area, if you look up on transparency, you will see that we are on the
whole block with them. That one area, the dark line up to our building is a 6
foot original construction fence with dirt coming over on to our side, because
we do not have proper buffering at all. And that is what the difference...
Mayor Suarez: OK. So we have got a problem because the trees aren't properly
marked, we've got a problem because you wanted a decorative wall, and they are
now proposing some kind of a fence. What kind of a structure fence? - is that
the aluminum one you were talking about?
Ms. Nagymihaly: It's an aluminum 6 foot fence.
Mayor Suarez: Ok, what is the other difference, if any?
Ms. Nagymihaly: No curbs. There are no curbs on our side.
Vice Mayor Plummer: Mr. Mayor, let me try something. I think this is easy.
Mr. Genuardi, do you understand and understand fully what is the Sasaki plan
dated November 1st7
Mr. Genuardi: Yes, I do.
Vice Mayor Plummer: Do you have a copy of that?
Mr. Genuardi: No, sir. I had an original preliminary copy, but there has
been some changes made.
63 January 24, 1991
Vice Mayor Plummer: Do you have a copy of?...
Mr. Genuardi: Not the final plan, no.
Vice Mayor Plummer: Not final plan. Of November 1st? Was that final?
Mr. Genuardi: No. There were changes made.
Vice Mayor Plummer: No, no, no. Forget about the changes. November 1st. Do
you have a copy of that, sir?
Mr. Genuardi: I may, in my office, I don't know.
Vice Mayor Plummer: What a hell of a way to run an airline.
Mr. Genuardi: I was given several different plans, and they kept being
changed.
Vice Mayor Plummer: Sir, there had to be one of November 1st. Do you have a
copy?
Mr. Genuardi: I don't think so.
Vice Mayor Plummer: And how the hell can you agree to this?
Mr. Genuardi: But they talk about Charlie Crumpton's letter.
Vice Mayor Plummer: I couldn't care less about Charlie Crumpton's letter.
Mr. Genuardi: And if you read his letter, you will see that...
Vice Mayor Plummer: Sir, I am asking a simple question. Does anybody have a
copy of the November 1st, which is here in this agenda?
Ms. Nagymihaly: I do.
Vice Mayor Plummer: You do. Where is it?
Ms. Nagymihaly: It's right there in front of you.
Vice Mayor Plummer: Mr. Genuardi, do you agree sir, that, that in fact is the
Sasaki plan of November 1st?
Ms. Nagymihaly: Without the alterations that are on it.
Vice Mayor Plummer: Please.
Mr. Genuardi: Yes.
Vice Mayor Plummer: Would you initial that map, sir?
Mayor Suarez: And on top of that, procedurally...
Vice Mayor Plummer: Wait, I am trying to draw this to a... you initial that
map, sir.
Mayor Suarez: J.L. let me just go ahead and say that not only that, but that
must be retained now as part of our records, so.
I
Vice Mayor Plummer: That, or copy, OK? He has now initialed it.
Mayor Suarez: Because if we have an appeal here, we are going to have a lot
of problems with...
Vice Mayor Plummer: Mr. Mayor, I am ready to make motions.
Mayor Suarez: OK.
Vice Mayor Plummer: Number 1, item 10. I move to deny.
Mr. Fernandez: Correct.
64 January 24, 1991
Mayor Suarez: That is a pending motion, so I guess you are seconding. Is
that correct?
Commissioner Alonso: That's what you did.
Mr. Fernandez: Correct, you have to take them separately.
Vice Mayor Plummer: Somebody made that motion?
Commissioner Alonso: Yes he did, Commissioner Dawkins did.
Mayor Suarez: In effect, Commissioner Dawkins made it, so you are seconding.
Vice Mayor Plummer: I second that motion, and call for a vote.
Mayor Suarez: OK. So moved, and seconded. The effect of passage of that is
what you... very simply please, no confusion here.
Mr. Rodriguez: That basically it will affirm the Zoning Board's decision.
Vice Mayor Plummer: That's not the question. It denies the appeal that they
made, that it was not timely. That what that does.
Mayor Suarez: All right, on that issue, we have a motion and a second. Any
discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-75
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO DENY THE APPEAL FROM
THE ZONING ADMINISTRATOR'S DECISION RENDERED IN HIS
LETTER OF APRIL 17, 1989, IN WHICH HE ADDRESSED
QUESTIONS RAISED CONCERNING CONSTRUCTION AND USES FOR
THE PROPERTY LOCATED AT 2500 NORTHWEST 22 AVENUE,
MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF TRACT A AND
TRACT B LESS SOUTH 170', ZIPES SUBDIVISION, AS
RECORDED IN PLAT BOOK 78 AT PAGE 54, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
65 January 24, 1991
11 "N
19
18. (A) DISCUSSION CONCERNING APPEAL BY METROPOLITAN DADE COUNTY OF
ZONING BOARD'S MODIFICATION OF A DECISION BY ZONING
ADMINISTRATOR REGARDING LANDSCAPE REQUIREMENTS AT 2500 N.W. 22
AVENUE (LIVE OAK CONVALESCENT HOME).
(B) RESCIND RESOLUTION 90-910 WHICH DEALT WITH LANDSCAPING ASPECT
AND REQUIRED A DECORATIVE ALUMINUM FENCE.
(C) APPROVE NOVEMBER 1, 1990 SASAKI LANDSCAPING PLAN, AMENDED ONLY
AS TO REQUIREMENT FOR A DECORATIVE MASONRY WALL.
(D) PARTIALLY DENY APPEAL BY METROPOLITAN DADE COUNTY - MODIFY
ZONING BOARD'S DECISION REGARDING LANDSCAPE REQUIREMENTS AT 2500
N.W. 22 AVENUE (ZIPES SUBDIVISION) (See companion item: label
17.)
Vice Mayor Plummer: Is there a motion on 11?
Mayor Suarez: On 11, I understood Commissioner Dawkins to move the
recommendations of Planning and Zoning on 11.
Vice Mayor Plummer: To move, as of the November 1...
Mayor Suarez: But I think that contradicts where I thought you were heading.
But, you tell us.
Mr. Rodriguez: No. This is different from what Commissioner Dawkins is
saying.
Vice Mayor Plummer: Well, I've got to understand his motion, because if it is
what I...
Mayor Suarez: The recommendation of Planning and Zoning is what?
Mr. Rodriguez: It's basically...
Commissioner Alonso: I... excuse me, but if we really want to finish this
item here, and not to see it again, we have to be very specific, and I don't
think it is that difficult for the County to have this 4 foot wall. It's very
simple to build, anyone can do it. It is not as complicated. Probably, even
less expensive. The wall, the trees, and state what we want, and not see this
item ever again.
Vice Mayor Plummer: Madam Commissioner, that is in that one he just
initialed.
Commissioner Dawkins: The trees. Bring back the map, Genuardi. Bring back
the map that you got, Genuardi.
Mayor Suarez: We may all be wanting to head in the same direction, so let's
make sure that we know...
Commissioner Dawkins: No ma'am, put that back up.
Mayor Suarez: We need to have the comparison of the two, please.
Commissioner Dawkins: How many... no, I don't need no comparison. No, just
put it down. Mr. Genuardi, how many trees buffer the property from the new
facility?
Ms. Nagymihaly: Right now?
Commissioner Dawkins: No, ma'am, not you. I am talking to the people we
hired.
Commissioner Alonso: Fifteen.
Commissioner Dawkins: Yes, sir, and what size are those trees?
Mr. Genuardi: Fifteen.
66 January 24, 1991
Commissioner Dawkins: What sizes are they, sir?
Mayor Suarez: Are they specific as to the size of coverage?
(INAUDIBLE - RESPONSE NOT PLACED INTO THE PUBLIC RECORD.)
Commissioner Dawkins: Twenty foot oaks? Now, that's what we approved. We
approved fifteen, twenty foot oaks, is that right?
Mr. Genuardi: Then there is another note on...
Vice Mayor Plummer: Excuse me, we never approved it. It never came before
US. They came before us and said, the matter was negotiated and settled, and
we never saw it, so we never approved it.
Commissioner Alonso: Oh, but it was part of our motion, it was approved.
Mr. Rodriguez: Commissioner... Mayor.
Mr. Genuardi: OK, let me read what it says here. Oaks 26 foot minimum,
height 6 inch minimum caliber.
Commissioner Dawkins: Minimum, twenty -what now?
Mr. Genuardi: Twenty-six foot minimum, and six inch caliber.
Commissioner Dawkins: Six inch?
Mr. Genuardi: Right, six inch.
Commissioner Dawkins: What is the caliber? - that's the foliage, or the base
of the tree?
Mr. Genuardi: The diameter.
Commissioner Alonso: The diameter.
Commissioner Dawkins: That's the base of the tree, or the root of the... leaf
Mayor Suarez: The diameter of the tree.
Mr. Genuardi: A few feet above the ground. Three feet above the ground.
Commissioner Dawkins: A few feet above the ground, supposed to be six feet?
Mr. Genuardi: Six inch.
Commissioner Dawkins: So that's six inches in circumference.
Vice Mayor Plummer: What a waste of time.
Commissioner Dawkins: So if you break it, you are talking about four inches
all around?... you ought to get six.
Mr. Genuardi: Six inches in diameter.
Commissioner Dawkins: And that's a half a foot. My mother use to beat me
with that, that's a switch.
Mr. Rodriguez: We are not getting their statement on the record.
Mayor Suarez: Wait, wait. We have a clarification. We've got all kinds of
comments on the record, counsellor, that we are not reflecting, because you
don't have a mike in your hand, please, yes, Mr. Assistant City Manager, you
seem desperate. I am not sure why you would be desperate to get into this
discussion, because we are doing precisely what we said we were not going to
do, which is to get in to measuring trees, but go ahead.
Vice Mayor Plummer: Hey, I am ready to make a motion.
Mr. Rodriguez: That's exactly...
67
January 24, 1991
i
Mr. Genuardi: Commissioner Dawkins...
Mayor Suarez: That's what I want to hear but, sir, you have not been
recognized. Please...
Vice Mayor Plummer; You want to hear it, I'll give it to right now. That
plan as submitted and agreed upon dated November the 1st, 1990, which has now
_ been initialed by Mr. Genuardi, is the plan that we approve, period, Amen,
take it from there.
Mayor Suarez: I have no idea whether that's a correct statement or not, but
I...
Vice Mayor Plummer: Wait a minute, why are you questioning if it's a correct
statement? I am saying that plan which Mr. Genuardi, on the record, has
admitted is the November 1, plan...
Mayor Suarez: I don't... I am confused as to what we agreed, but I understand
that's your perception of what we agreed upon. Yes, Mr. Rodriguez, sir, do
you have any clarifications that might help us in this juncture here?
Mr. Rodriguez: That is different than the motion from Commissioner Dawkins.
Mayor Suarez: I haven't the slightest idea what the motion that Commissioner
Dawkins made is, so we don't have a... I have not recognize any motion on the
floor.
Mr. Rodriguez: Before, I am sorry. You were asking me before on PZ-9, and PZ-
10, and I am trying to clarify that on the resolution...
Mayor Suarez: We acted on PZ-9, we are on PZ-10 now.
Vice Mayor Plummer: No, we are on PZ-11.
Mr. Rodriguez: You have it.
Mayor Suarez: We acted on PZ-10, we are on PZ-11 now.
Mr. Rodriguez: On the resolution that was passed by the Commission, which is
resolution number 90...
Mayor Suarez: The Commission passed a resolution which we thought
incorporated an agreement by two sides.
Mr. Rodriguez: Right.
Mayor Suarez: Obviously, they have different interpretations of what we did
that day, and that's why we are here today. Now, what else do you have to
tell us that will clarify anything?
Mr. Rodriguez: Well, that's the only think I was trying to clarify.
Mayor Suarez: All right, procedurally, before we hear from counsel from
either side, parties of either side, Assistant City Managers, City Attorneys,
or anybody else, let me see if I can figure out where we are procedurally,
before we make a motion and pass a motion that we don't know what we passed,
and that really, really messes things up for appeals, and everything else.
- Commissioners Plummer and Dawkins, I think, are about to make motions. Now
let's hear what you motions are because Commissioner Alonso, I think, wanted
to actually get to the specifics or what we wanted to see there, including the
wall, and Commissioner Dawkins was discussing the kinds of trees we wanted to
see there, and was inclined to make a motion on that. If we specify both
trees and wall, we have in effect, decided the entire plan, and maybe that's
the way to proceed, I don't know.
Commissioner Dawkins: OK, what does the order read, Mr... you, read what the
December order says.
Mayor Suarez: What was the resolution that we passed at the Commission
meeting?
Ile
68 January 24, 1991
Vice Mayor Plummer: November 1.
Commissioner Dawkins: November 1, so that we can have an understanding about
the wall, et cetera.
Mr. Rodriguez: Resolution 90-910.
Vice Mayor Plummer: Dated what?
Mr. Rodriguez: Dated November 8th.
Commissioner Dawkins: 19 what?
Mr. Rodriguez: Ninety.
Mayor Suarez: Passed on November 1, signed November 8th. Go ahead.
Mr. Rodriguez: No. Passed and adopted November 8th. That's what I am trying
to clarify, all the dates.
Commissioner Alonso: OK, go ahead.
Commissioner Dawkins: Read what you have.
Mr. Rodriguez: Well, if I am given a chance, I have been asked many questions
at the same time. I am trying to answer to all of you.
Vice Mayor Plummer: Well, don't be so slow.
Commissioner Dawkins: OK, I'll let the Mayor run the meeting.
Mayor Suarez: Please. Thank you.
Commission Alonso: Read please.
Mayor Suarez: What is the resolution?
Mr. Rodriguez: "The recitals and findings contained in this preamble are
adopted by reference, 'and section number two' the decision of the Heritage
Conversation Board which modified the decision of the Zoning Administrator,
concerning the loss of thirteen trees at 'the address' is hereby modified in
the following manner. In lieu of the concrete masonry wall along the property
line, there will be a six foot high decorative aluminum fence. B, the masonry
decorative wall will be extended only on the eastern half of the south facade
to cover the mechanical area. And C, five oak trees, twenty-five feet in
height will be interspersed with the existing smaller oak trees.
Commissioner Dawkins: With the existing how many?
Mr. Rodriguez: Existing smaller oak trees.
Mayor Suarez: It didn't say how many, but presumably we knew what that
existing was at that point.
Mr. Rodriguez: It doesn't say how many.
Mayor Suarez: How many were they at that point that were existing, does
anybody remember? Would you give us a total, five plus the existing number?
Vice Mayor Plummer: Six thousand, seven hundred and twenty-two.
Ms. Nagymihaly: Four. There were nine altogether there.
Mayor Suarez; OK. I hear a voice, hopefully...
Commissioner Dawkins: Both sides say nine.
Mayor Suarez: OK. That would add up to a total of nine plus... five you are
saying counsellor? - or four plus five?
Ma, Coffey: It was formerly nine trees of a certain height, I believe,
twenty-five feet.
69 January 24, 1991
Ms. Nagymihaly: Twenty-six.
Ms. Coffey: Twenty-five, or twenty-six. I'll agree to twenty-six.
Mayor Suarez: We are not that accurate on the height of trees around here.
Ms. Coffey: What we agreed to do instead...
Mayor Suarez: I'm sorry.
Ms. Coffey: What we agreed to do instead of providing nine twenty-six foot
trees, because they are very expensive, was to intersperse five among the
existing oak trees, so that we have four short trees...
Mayor Suarez: How many were existing, was my question?
Ms. Coffey: There would be four short trees, and five tall trees, twenty-six
foot trees, for a total of nine in the inner island.
Mayor Suarez: Your understanding was, that when we said the existing, that
was four, and then we would add five for a total of nine. Was that your
understanding of that terminology?
Ms. Nagymihaly: Yes.
Mayor Suarez: Thank you. We got one thing that we agreed upon.
Commissioner Dawkins: But they all must be the same size.
Ms. Nagymihaly: No.
Mayor Suarez: OK. We don't have a dispute on the size.
Ms. Nagymihaly: But this is only on the agreement which we never reached.
Mayor Suarez: Right. We thought we did, but anyhow...
Ms. Nagymihaly: No. Well, that night it happened, and it took... we were
told at that time, now we will work it out, and we will present it, but at one
point you have to start, so that's why we deferred that day, because we
thought we could work out an agreement, but instead, on November 20th...
Mayor Suarez: No ma'am, I'm sorry. We deferred because...
Ms. Nagymihaly: ... they produced a...
Commissioner Alonso: Yes, but now you agreed with what she has said...
Ms. Nagymihaly: No.
Commissioner Alonso: You don't? You just said, yes.
Ms. Nagymihaly: No, no. You were asking me if that agreement had five, and
four, and I did. But you see, I don't agree with that agreement anymore,
because they went behind our back, illegally attempting, so I want to go back
to what the zoning board had given us which is the masonry wall, the two feet
on top, and forget that agreement, because they did not live up to the
agreement.
Mayor Suarez: Yes. OK, we got your trust of what you are saying. What does
the Commission want to do?
Commissioner Alonso: OK, let's see. The wall is OK?
Ms. Nagymihaly: Yes.
Commissioner Alonso: And then, the trees. Tell us what you want on the
trees, so we an make a decision, and move on with this agenda.
Ms. Nagymihaly: OK. I want very simply, and I don't even have to give you
the size of the trees or anything. I want the Sasaki plan of November 1st
approved.
70 January 24, 1991
Commissioner Alonso: That one? - that we have in front of us? o
Ms. Nagymihaly: Yes, without the little green...
Commissioner Alonso: OK. Now we make a decision.
Mayor Suarez: OK, now we know what you want, I think, counsellor, what is
your problem with that idea?
Ms. Coffey: If I may respond to the masonry wall only. An integral feature
of the agreement that we reached was that there would be an aluminum fence
instead of a masonry wall. The reasons are twofold. A masonry wall has a
footing that interferes with the placement of large trees. They have enormous
rcotballs. Second, it makes a difference in expense of... my people are
telling me, anywhere from thirty thousand dollars ($30,000) up. So an
important feature of why we agreed to this plan, which is set forth...
incidentally, these three matters are set forth in the transcript and I could
read them to you.
Mayor Suarez: We'll wait, we got a letter.
Ms. Coffey: But we agreed to the aluminum fence, because it cost us less
money, and we can reach an agreement on this. It plainly says an aluminum
fence in here. A masonry wall is going to interfere with the placement of
those trees, and it's just more expensive than we can afford.
Mayor Suarez: OK. Having finally, more or less understood what the two sides
would like, once again, what is the recommendation of the City Manager,
Assistant City Manager, and of the City Attorney that is calculated to get
this matter resolved hopefully, once and for all today, understanding that
both sides may or may not want to go to court. What is your recommendation?
Mr. Fernandez: Mr. Mayor, you must be aware that item 11, is a separate
independent item from the item that you considered back in November 8th. On
November 8th, you were dealing, and the resolution that has been alluded to,
90-910, is in reference to an appeal that was probably in front of you from
I the Heritage Conservation Board finding. What you have today, is a different
item. It is an appeal from the Zoning Board, because those two travel
separately. So, if you intend to do anything different than what you already
fdid by passing resolution 1990, you would be placing yourself in a position of
having to rescind Resolution 90-910, which was...
Mayor Suarez: I want you to tell us legally how to do what the Manager,
hopefully, will recommend for us to do. And I don't need to hear all the
possible incorrect scenarios, because you are going to tell us the correct
legal way of achieving what we substantively want to do, when which the
Manager is about to recommend to us.
Mr. Fernandez: You cannot have two inconsistent resolutions.
Mayor Suarez: We certainly will try not to have them, and if not, we will
repeal the prior one. OK.
Mr. Fernandez: In order for you to have consistency, you have to be guided by
Resolution 90-910 which reflects the agreement of having an aluminum fence,
which reflects all the other agreements that have been placed in the plan. If
you want to have anything greater than what 90-910 provides for, you then have
to rescind...
Mayor Suarez: To repeal, or rescind 90-910, or whatever the number.
Mr. Fernandez: Right.
Commission Alonso: Rescind.
Mr. Fernandez: But the recommendation of the administration if I understand
correctly, is for you to rule on the appeal in front of you now, PZ-11, in
accordance with your decision, earlier decision made on the appeal from the
Heritage Conservation Board.
71 January 24, 1991
Mayor Suarez: Don't give it to me procedurally, give it to me substantively.
What is the recommendation of the City Manager that we do now in terms of the
plans before us? The County's proposed plan, or Miss Nagymihaly's
interpretation of what the plan would have been?
Mr. Rodriguez: The recommendation that we make is that you approve it as
subject to the Sasaki plan of November 1st, except for a fence that would be
an aluminum fence as we discussed before.
Mayor Suarez: OK. I know that that typically follows the views of one of our
Commissioners, who prefers those to masonry fences, but Commissioner Alonso
was heading in an opposite direction. Do you want to discuss that further? -
or do you... as to the wisdom of one kind of fence versus the other?
Commissioner Alonso: Well, I can see the protection for the neighbors if they
insist that they want the masonry wall, I agree that the masonry wall is much
more protective for them, if they have a specific reason that they think they
need that protection. And if that is the issue, I think I have to agree with
her.
Commissioner Dawkins: I would have to agree with Commissioner Alonso, in that
aluminum has a tendency of walking out of all neighborhoods, and if you put an
aluminum fence up there, it would definitely walk away. If you put a masonry
fence up there, you don't have to worry about people taking it, the junkies,
and what have you, so I too, would lean towards the masonry fence. But I
would have to say to the County, that they are going to lose my support in
total, if they continue to tell me about how much it is costing. Because you
have a facility that has been there, it is in the City of Miami, it doesn't
pay any taxes, it doesn't contribute anything to my tax base, and the majority
of the people who work there, live in the County. So, another thirty thousand
dollars ($30,000) that you are spending to make a facility to provide services
for all of our citizens, because we have citizens from the City of Miami in
that facility also, and that the County, I don't know whether it will be
Federal dollars, or State dollars, or what, saw the need to put an Aids
facility in the City of Miami to help to meet the great need that is here. I
accept that, but I do not accept the fact, for somebody to keep telling me
that we can't do that, because it adds to the cost, when we are trying to make
a first rate facility to serve the citizens.
Mayor Suarez: OK. So...
Mr. Rodriguez: Commissioner, my recommendation was not based on the cost. I
was concerned, because I really don't know exactly whether this will have an
effect on the footings of the fence, and that's the only concern I have.
Mayor Suarez: I understand. I am inclined, if Vice Mayor Plummer moves the
recommendations of Planning, to vote that way, and I have just asked
Commissioner De Yurre to be attentive, because we may have a two -to -two tie as
to the rest of the four of us. And I would need the City Attorney to now give
us, without history, or discussions of any type, the kinds of motions that we
need to make, to reflect the two different views that are here, so we can vote
and get on with other items. There is a...
Mr. Malinski: Mayor Suarez, I have...
Mayor Suarez: I hear a voice that has not been recognized. Sir, you are out
of order.
Mr. Malinski: I request to be recognized, because there is something that is
not in the transcript on that November 8th item that Mr. Fernandez is about to
tell you, that is rather significant. And that is, the settlement.
Mayor Suarez: I am going to take this as a point of...
Mr. Malinski: Information.
Mayor Suarez: ... order, and hear it, but I am...
Mr. Malinski: Please.
Mayor Suarez: ... inclined to tell both of you, your clients, our staff, that
only specific people recognized, will participate in discussion from here on
72 January 24, 1991
until we vote, and that's my last warning. This is a point of order, I don't
see what relevancy it has. I'm not sure I understand it, but go ahead and try
me.
Mr. Malinski: It will have. The settlement that did not come to fruition,
contemplated, -and the Commission does not know this - contemplated an
agreement for the County to pay the Nagymihaly's attorney's fees in the amount
of forty thousand dollars ($40,000) on November 8th. With Mr. Crumpton's
expense, and additional attorney's fees, that is now about seventy thousand
dollars ($70,000). If you were to impose the plan that Mr. Fernandez says
that you voted on November 8th, the County is going to walk out of here with a
landscape plan, and the Nagymihalys are going to walk out of here short
seventy thousand dollars ($70,000), unless in the resolution, you impose the
obligation of payment on the County.
Mayor Suarez: I don't know how that's going to turn out, but I presume that
is the risk that she took coming this far, and I am not sure how the vote is
going to turn out, but we take your comments as valid, and as reflecting the
possible economic consequence to her, and I presume all of which will end up
in court if the vote ends up that way.
Mr. Malinski: OK.
Mayor Suarez: Mr. City Attorney, we have at least one of us that would like
to adopt the plan recommended by the Planning Department, and we have two
Commissioners that would like to go back to masonry wall. Would you please
give us the motions, proper for each one? - and let's vote on them, and get on
with the next item please.
Mr. Fernandez: If you go to masonry wall, then resolution 90-910 has to be
modified...
Mayor Suarez: To that extent?
Mr. Fernandez: ... to that extent.
Mayor Suarez: And as to item 11?
Mr. Fernandez: And as to item 11, the recommendation of the administration is
that you... could you state your recommendation? - it's actually (a), right?
Mr. Rodriguez: On item 11, is that we accept the Sasaki plan dated November
1st, except for the fence to be aluminum fence.
Mayor Suarez: And then as to item 11 then, the modification of the motion
that I believe would be acceptable to Commissioners Alonso and Dawkins, would
have that modification only as to the Masonry wall?
Mr. Rodriguez: Yes, you have to at that point, is to approve... hold on a
second. Let me read this, because this appeal... you can approve, or deny.
The point that you have to do at this point is make sure that you clarify in
your action that you are approving the Sasaki plan dated November 1st with the
aluminum fence, or...
Vice Mayor Plummer: We have already done that. Ninety, nine ten, did that.
Mayor Suarez: With the aluminum fence. I though I just told you that the
motion we'd like to contemplate now, and entertain and put legal wording to,
is the one made by Commissioners Alonso and Dawkins, that calls for masonry
wall.
Vice Mayor Plummer: Excuse me, the other one, if I am not mistaken, 90-910,
covers that.
Mayor Suarez: And we can make that a... I think the other one may be covered
by the prior resolution, and it maybe a substitute motion. I happen to agree
with the other one, for reasons I haven't stated yet, but let's get to the
correct motions. So...
Vice Mayor Plummer: OK. You're ready?
Mayor Suarez: Yes.
73 January 24, 1991
Vice Mayor Plummer: I move that we ratify resolution 90-910 as approved by
this Commission.
Mayor Suarez: OK. So moved. It doesn't matter which one goes first, because
both are going to be seconded, so one will be a substitute motion to the
other. I don't think it matters what order we take them in. So, you've moved
that...
Commissioner Dawkins: And what kind of a wall does your motion include, J.L.?
Vice Mayor Plummer: Aluminum.
Commissioner Dawkins: OK, thank you.
Ms. Miriam Maer: Mr. Mayor, if I may for the record...
Commissioner Dawkins: No, ma'am.
Ms. Maer: ... in this thing, and because you asked us to clarify how it
should be stated, in that effect, what you would...
Mayor Suarez: Not to clarify, I asked us to give it to us, and you didn't,
but go ahead and try us now. I thought we just had a motion that more or less
properly reflected the substance of what we want to do. If you want to add
some "legalese" to it, please do.
Ms. Maer: Thank you. For PZ-11 then, you would be affirming the decision of
the Zoning Board, thus denying the appeal...
Mayor Suarez: Exactly.
Ms. Maer: ... as modified by resolution 90-910.
Mayor Suarez: I got you. All right.
Ms. Maer: So that it will be consistent with 90-910.
Mayor Suarez: That is Commissioner Plummer's motion. I am going to second
it, and then if Commissioner De Yurre would entertain the other motion as a
substitute motion, and then we'll vote on both of them. All right?
Commissioner De Yurre: Is there any substitute motion?
Commissioner Dawkins: No, we vote this one...
Commissioner De Yurre: Any further discussion?
Commissioner Dawkins: ...this one down and then go for the other motion.
That's all.
Mayor Suarez: All right.
Commissioner De Yurre: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY MAYOR SUAREZ, THE HEREINABOVE MOTION,
AFFIRMING THE DECISION OF THE ZONING BOARD, THUS
DENYING THE APPEAL, FAILED BY THE FOLLOWING VOTE:
AYES: Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: I vote no for the reason of the wall.
74
January 24, 1991
Commissioner Dawkins: I'm voting no on the aluminum, because I'm in favor of
the masonry wall.
Mayor Suarez: Yes, and by the way, my reasons are related to the importance
of getting this hospital functioning.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Now, we're back to restating your motions and make sure that we
give proper legal form to them, please. They would reflect a masonry wall
which is what Eva's request is, and that would modify...
Commissioner Alonso: And we don't have to change any other part of the
motion, right? It's exactly the same with the...
Mayor Suarez: ...without changing any other part of the scheme previously
approved.
Mr. Fernandez: The only thing changes then...
Commissioner Alonso: Changing is...
Mr. Fernandez: ...in 90-910 would be from aluminum to masonry.
Commissioner Alonso: ...to masonry.
Mayor Suarez: All right, so moved.
Mr. Fernandez: So, it would be the same motion, just with that change.
Commissioner Alonso: Exactly, so I move.
Mayor Suarez: And incorporating into...
Vice Mayor Plummer: You're wrong.
Mayor Suarez: ...at this vote, the proper procedural ending? of item 11 which
is, in effect, to...
Vice Mayor Plummer: Procedurally, I think you have to go back and reconsider
90-910. Procedurally.
Mayor Suarez: Well rescind it.
Vice Mayor Plummer: That's correct.
Mayor Suarez: And modify it accordingly to this motion. Let's then take up
11 afterwards. Let's just do this as a motion on that particular
modification.
Vice Mayor Plummer: You want to move to reconsider 90-910, is what you want
to do.
Commissioner Alonso: Is that what you want us to do?
Mayor Suarez: I don't think we have to move to reconsider. Just to rescind
and modify.
Mr. Fernandez: Yes, it doesn't matter. It would be cleaner to do it that
way, rescinding 90-910 and...
Commissioner Alonso: OK, let's do it that way, so I so move.
Commissioner Dawkins: All right, I move to rescind.
Commissioner Alonso: Yes, I second.
Mayor Suarez: All right, so moved and seconded. Any discussion on the motion
to rescind? If not, call the roll.
75
January 24, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-76
A RESOLUTION RESCINDING RESOLUTION NO. 90-910, WHICH
WAS PASSED AND ADOPTED ON NOVEMBER 8, 1990, RELATING
TO THE LOSS OF 13 TREES AT THE DADE COUNTY HUMAN
RESOURCES CENTER LOCATED AT 2500 NORTHWEST 22ND
AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez*
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
*Mayor Suarez: No, I vote no on the rescission. OK.
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner Alonso: So now, we have to go back and approve...
Mayor Suarez: What do we do on item 11?
Commissioner Alonso: ...the Sasaki plan.
Mr. Fernandez: Well, no, no, no, you're still... now, you have rescinded 90-
910.
Mayor Suarez: We know that.
Mr. Fernandez: So, to the extent that you rescinded it for purposes of
modifying that, you need to...
Mayor Suarez: Having rescinded it, we don't need to modify it. But anyhow,
just give us how you think you want to do it.
Vice Mayor Plummer: They want to modify it.. the only modification is the...
Commissioner Alonso: Can we approve the Sasaki Plan...
Mr. Fernandez: Sasaki Plan with the masonry wall.
Commissioner Alonso: With the masonry wall.
Commissioner Dawkins: Masonry decorative wall.
Mayor Suarez: Right.
Commissioner Alonso: Right.
Mayor Suarez: So moved.
Commissioner Dawkins: To be in conformity with that that is there now.
Mayor Suarez: So moved and seconded.
Commissioner Alonso: OK, yes.
76 January 24, 1991
11
Mr. Rodriguez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Rodriguez: So we don't have any confusion on this Sasaki Plan, go over it
first?
Mayor Suarez: Yes, make sure you put into the record exactly what elements it
has.
Mr. Rodriguez: The one that you referred to in the hearing was the one dated
November 1st, 1990, that was initialled by Mr. Genuardi.
Vice Mayor Plummer: And initialled by Genuardi.
Mayor Suarez: Initialled by Mr. Genuardi, and now modified to include the
masonry wall.
Mr. Rodriguez: Right.
Vice Mayor Plummer: What time are we coming back?
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Mr. Fernandez: Before you take the roll, Mr. Mayor, it's important for the
record as we create the record, to make sure that both Miss Nagymihaly and the
County understand and acquiesce to the steps that were taken so that...
Mayor Suarez: I'm sure they're not going to acquiesce to a darn thing, but...
Commissioner Dawkins: And if they don't acquiesce...
Mayor Suarez: Understand, you know, try it.
Commissioner Dawkins: What does that do to us?
Mayor Suarez: What other pending clarifications should we make in connection
with this motion, counselor?
Mr. Fernandez: That's it.
Vice Mayor Plummer: Are they willing to drop any legal proceedings if that is
adopted?
Mr. Malinski: On the matter of the landscaping?
Vice Mayor Plummer: On the matter in total.
Mr. Fernandez: As to the City.
Vice Mayor Plummer: You are volunteering.
i(
1 Mr. Malinski: I volunteered to become a lobbyist today, I think
that's going
' to be the limit of what we're volunteering.
Mayor Suarez: See, there will be claims back and forth pending
on attorneys'
fees and everything else.
Vice Mayor Plummer: Hey, they're going to be - in fact, one of
their claims
is against the City.
Mr. Malinski: No, Mayor - I'm sorry - Commissioner Plummer,
the pending
litigation concerns two things. One concerns the landscaping.
We will be
y satisfied upon the adoption of this resolution.
Vice Mayor Plummer: That's not my question, sir.
A
Mr. Malinski: The other issue...
Vice Mayor Plummer: You have litigation in reference to ten, item ten.
77 January 24, 1991
Mr. Malinski: Yes.
Vice Mayor Plummer: Are you willing to drop that litigation if this motion
passes?
Mr. Malinski: The answer is a qualified yes, and it's based on a discussion
that I had with Miss Maer before we took this item up on how to proceed on the
substantial portion of the problem that we're going to encounter. I£ we
proceed the way we had discussed it, I don't think there will be any necessity
for the litigation.
Vice Mayor Plummer: Well, I don't know how you discussed it.
Ms. Maer: Mr. Vice Mayor, if I may, I'd like to clear this up. Mr. Malinski
approached me for the first time that I've had a discussion with him regarding
this matter about a moment before this item came up. And when he stated to me
that one of Miss Nagymihaly's concerns is that the facility is attracting
crack addicts that stumble out of the facility and on to her property, I said,
if that is your complaint and if you're saying that is not a permitted use -
if - then your solution is to go to the Building & Zoning Department and ask
them to investigate it. If they find there's a violation, it would go to the
Code Enforcement Board. I am not in a position to know what the permitted use
for that facility is right now, so I was not rendering any advice on that
issue.
Mr. Malinski: And I agree with Miss Maer that, that is the approach we will
take. Now, if that approach does not result in enforcement activity that we
believe should be undertaken on the part of the City, I cannot tell you,
Commissioner Plummer, that we won't seek to have that enforcement activity.
Vice Mayor Plummer: My question is, are you volunteering or willing to
volunteer, that any legal action that you have against this City, you are
willing to drop.
Ms. Nagymihaly: This is a direct question, and I'll try to be with a direct
answer or with another question. Could you guarantee that I'm not going to
have twenty to thirty percent vacancy due to the fact that these people refuse
to...?
Vice Mayor Plummer: Absolutely not.
Ms. Nagymihaly: Well, then that's my answer.
Mayor Suarez: OK, if there's no guarantees as to litigation.
Vice Mayor Plummer: OK, well, wait a minute, so we understand. Wait a
minute, I want the people who are going to vote favorably on this. They're
not willing to do anything for us...
Ms. Nagymihaly: That's not true.
Vice Mayor Plummer: ...they want everything from us and they have stated they
will not absolve the City from any legal action. Now, I want you to
understand, when you're giving them something...
Commissioner Dawkins: That's the American way.
Vice Mayor Plummer: Well...
Ms. Nagymihaly: No, but I don't like to be misunderstood because please
understand, we are the taxpayer. I didn't realize it, but...
Mayor Suarez: Oh, we're not going to get into a philosophical discussion on
that.
Ms. Nagymihaly: No, no, but no...
Mayor Suarez: No, no, no, no. You're out of order at this point. The
Commissioner asked a simple question on your legal posture. You've answered
it. He's given his opinion. It may or may not sway anybody else. All right.
Commissioner Dawkins: Call the roll.
78 January 24, 1991
Mayor Suarez: Anything further? Call the roll on that motion, and then I'm
going to get a clarification on what else we need to do on item 11.
The following resolution was introduced by Commissioner Alonso, who
moved its adoption:
RESOLUTION NO. 91-77
A RESOLUTION, WITH ATTACHMENT(S), MODIFYING THE
DECISION OF THE HERITAGE CONSERVATION BOARD WHICH HAD
MODIFIED THE DECISION OF THE ZONING ADMINISTRATOR
CONCERNING THE LOSS OF 13 TREES AT THE DADE COUNTY
HUMAN RESOURCES CENTER, LOCATED AT 2500 NORTHWEST 22ND
AVENUE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
NOES: Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: What do we need to do on item 11, if anything, before we leave?
Commissioner Alonso: But, let me tell you something, if I may, Mr. Mayor. I
want also to remind her that the taxpayers will be paying for litigation that
is completely unnecessary, and it's placed a burden on the citizens of Miami
as well.
Mayor Suarez: Do we need to take an additional vote on item 11 and the
disposition of...
Mr. Fernandez: So, let me make sure that your last vote was a vote in fact,
restating another version of 90-910, with a modification of a masonry wall.
Now, you're back to item number eleven.
Mayor Suarez: OK, what do we need to do to make the consistent? -our action
on item 11 consistent with the motion we just passed?
(AUDIO EQUIPMENT MALFUNCTION NOISE.)
Commissioner Dawkins: Air raid!
Ms. Hirai: He's on his way to resolve it.
Commissioner Dawkins: SCUD missile coming in.
Mayor Suarez: Do we need to take any further action on item 11?
Mr. Fernandez: The action that you will take on number eleven is modifying
the decision of the Zoning Board to reflect what you have done with 90-910.
Mayor Suarez: All right.
Mr. Fernandez: And, in fact, that you're denying the appeal.
Mayor Suarez: And denying the appeal.
Mr. Fernandez: Right.
Mayor Suarez: So, I'll entertain a motion accordingly.
Commissioner Dawkins: So move.
79 January 24, 1991
4
1;�.
11
Mayor Suarez: One of the supporters of this...
Commissioner Alonso: Yes.
Mayor Suarez: Seconded by Commissioner Alonso. Any discussion? If not
please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-78
A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE
ACTION OF THE ZONING BOARD IN MODIFYING AS PER SECTION
3006 OF ZONING ORDINANCE 9500, AS AMENDED, THE
DECISION OF THE ZONING ADMINISTRATOR RENDERED BY HIS
LETTER DATED AUGUST 1, 1990, REGARDING LANDSCAPE
REQUIREMENTS FOR THE LIVE OAK CONVALESCENT HOME FOR
THE PROPERTY LOCATED AT 2500 NORTHWEST 22 AVENUE,
MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF TRACT A AND
TRACT B LESS SOUTH 170', ZIPES SUBDIVISION, AS
RECORDED IN PLAT BOOK 78 AT PAGE 54, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, BY ACCEPTING THE
LANDSCAPE PLAN INITIALLED BY JOSEPH A. GENUARDI AND
BEARING THE DESIGNATION "NAGYMIHALY PROPERTIES PLAN OF
SASAKI ASSOCIATES, INC., OF NOVEMBER 1, 1990", (THE
"PLAN") SUBJECT TO THE MODIFICATION OF SAID PLAN TO
SHOW A CONCRETE MASONRY WALL ON THE PROPERTY LINE IN
LIEU OF THE ALUMINUM FENCE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
NOES: Mayor Xavier L. Suarez
ABSENT: Vice Mayor J. L. Plummer, Jr.
Mayor Suarez: We're adjourned until 3:00 p.m.
Mr. Malinski: Mr. Mayor, the issue of the...
Ms. Coffey: Thank you very much.
Mayor Suarez: You're not further recognized, counselor. We are adjourned
until 3:00 p.m. You can clarify anything you want directly with staff.
Mr. Rodriguez: Mr. Mayor...
Commissioner Alonso: Three?
80 January 24, 1991
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:06 P.M. AND RECONVENED AT 3:10 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DE YURRE.
------------------------------------------------------------------------------
19. REQUEST ADMINISTRATION TO REPORT ON DELAY OF DEDICATION OF BALLET
CONCERTO BY LATIN STARS ON S.W. 8 STREET.
Mayor Suarez: Would Joan please leave her favorite Commissioner, so that he
can attend to the business of the City. As a matter of fact Joan, let me take
that back, why don't you stay around, I think you exert a good influence on
him. We are...
Vice Mayor Plummer: Mr. Mayor, while we are waiting...
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Plummer: ... for the other two, can I bring up some things?
Mayor Suarez: I gather, we also have a lot of P & Z items that we can do with
a routine, so.
Vice Mayor Plummer: All right. City Manager, like it or not, you are in the
chair. I have received a call from Ballet Concerto, indicating to me that
there is some hang-up with the Latin Stars making a dedication on February
5th. It was my understanding from this City Commission, that we approved
their budget, and we approved their ten or fifteen names that they proffered,
and that one of those names was Ballet Concerto. This matter has been
advertised, and as far as I am concerned, I don't know why it can't go
forward.
------------------------------------------------------------------------------
20. VICE MAYOR PLUMMER ALERTS CITY COMMISSION ON INTRICACY OF NEWLY -PASSED
ETHICS COMMISSION GIFT LAW.
------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, I want to bring to your attention as well as
to other members of this Commission, in representing you at the Florida League
of Cities last Thursday and Friday, that we are in a mess. And that mess is
called the "gift law." Florida League of Cities, for two days... I hope
Commissioner Dawkins would listen to this. I guess the bottom line of what I
want to tell you is, is that, that would be administered by the Ethics
Commission. That Ethics Commission's executive director who will be the
administrator of gift law, and hey, all of you administration had better
listen to this, stood before the Florida League and made the following
comments at the conclusion of her speech. I have read the gift law passed by
the legislature, forwards, backwards and sideways, at least two dozen times,
and I have to tell you that I am uncomfortable in answering questions in
relation to the law, but it did go in effect, January 1. Mr. Mayor, I don't
want that I didn't come back and warn all of you. Nobody understands it,
nobody knows how to comply, nobody knows the full ramifications, it has been
promised that there probably will be... you were there for that speech, right?
There probably will be in fact, modifications made to it as we were inferred
at the convenience of the legislature. It's a law that I think most people
want to comply with, but that you might be caught up, not knowingly, and in
fact be in violation. So, I warn each and every one of you that this thing is
far reaching, nobody really understands it, including the people who
administer the law, that you just... anything that you have that might be of
question, I would definitely beg you to call the Ethics Commission and get it
cleared regardless of how ridiculous it might be. I think it is better to be
safe than to be sorry.
Mayor Suarez: And all the rules to the extent that we understood them, have
changed effective I believe, January 1, 1991.
81 January 24, 1991
Vice Mayor Plummer: That is correct, sir. Let me give you one example that
they brought out. The president of the Florida League of Cities is mandated
to attend the National League of Cities. In the past, it has always been that
the Florida League paid for him to take his spouse. That has now been
determined that it is in fact a gift, and it is illegal. Now I think that's
far reaching personally. You know, if you send her to Colorado on a ski trip
when the convention was in New York, to me that's a gift, but to accompany her
husband to a convention of which he is mandated to be there, and call paying
her expenses as a gift, to me is far reaching.
Mayor Suarez: I agree.
------------------------------------------------------------------------------
21. (A) DISCUSSION CONCERNING RAMPANT CRIME IN DIFFERENT AREAS OF THE
CITY - REQUEST CITY MANAGER TO REPORT BACK IN 30 DAYS WITH
RECOMMENDATIONS.
(B) DISCUSSION CONCERNING ATLANTA'S ONGOING RED DOG CRIME PROGRAM -
REQUEST CITY MANAGER TO INVESTIGATE.
(C) DISCUSSION CONCERNING THE HOMELESS PROBLEM IN THE CITY,
PARTICULARLY IN LUMMUS PARK AREA.
(D) REQUEST CITY MANAGER TO INFORM COMMISSION ON NUMBER OF TAKE-HOME
CARS IN EACH CITY SECTOR AND TOTAL NUMBER OF MILES DRIVEN BY
EACH OFFICER IN TAKE-HOME CARS.
Vice Mayor Plummer: Mr. Mayor also, I want to bring to this Commission's
attention, I attended last night a meeting of a group of neighbors who are
hell-bent on forming a crime watch. This is the area that is designated from
17th Avenue to 22nd Avenue, from Dixie Highway to Bayshore Drive. I told Mr.
Longueira that I was only going to beat on him half as much as those people
beat on me last night. For the last ten days, that area has been absolutely
terrorized by the amount of crime. I have asked Mr. Longueira to try to get a
dummy police car, which they requested. They are now talking about
barricading the streets. They are all, as they said last night, turning their
houses into forts. The one case that I think was prominent, it was Janet
MacAliley who is a good friend of all of ours, whose husband came home, and he
was the third episode of the day on the street of Secoffee, who went to his
mailbox, was attacked by two, robbed of all his goods, put down on the ground,
and as a parting glance, kicked him in the stomach and broke three of his
ribs. So I am saying to this Commission, that they asked me to make all of
you aware that they are incensed, and they are looking to this Commission for
help, they are looking to this Commission to protect them, and Mr. Mayor, I've
got to tell you that the problems that are existing, I have said to this
Commission before, and I am pulling the minutes now, that I had an obligation,
or an agreement with the Chief, that within ninety days, he would pull fifty
men out of the station... you remember at budget time? -and I think that
within a hundred and eighty days, he would pull a hundred men out of that
station.
Commissioner Dawkins: A hundred men out of the station, OK.
Vice Mayor Plummer: I have not seen it, so I am asking for a report on that.
But I am telling you that the sitution here is getting worse every day, and as
far as I am concerned, I think the day is right around the corner where we
have got to sit down with the Police Department, and I think there has got to
be some major changes that have got to be made. One of the major changes that
Perry is reluctant, because of political. And I think that this Commission
has got to make that decision for him. We are spending almost, as I recall
the numbers, a half a million dollars in overtime and personnel, in Coconut
Grove on Friday, Saturday and Sunday nights. He wants to cut it out. He
won't tell you that publicly, but he wants to cut it out, and he said, that he
was scared of the political ramifications. I think it has got to be done.
And I think we've got to meet with him and discuss that as well as other
ideas.
Mayor Suarez: All right.
Vice Mayor Plummer: I've brought to your attention before, and I will again,
I think we have to learn by others. Metropolitan Dade County today, will not
dispatch a patrol car to write a stolen car report. We are still doing it.
62
January 24, 1991
3
1
I
•
There is nothing that can be accomplished by sending a patrol car out to write
that kind of a report, except to tie up that car for at least an hour. There
is nothing that can be done in Dade County when my funeral home was broken
into, they just transferred my call to a report phone report, and I made the
report over the phone. Today we are still dispatching cars to those kind of
calls. The Chief is reluctant to say, we are going to do it, because of
political ramifications. I say to you Mr. Mayor, the day is here, the day is
now, I think that we need to sit down with the Chief, let him express those
things to us, and let's get this thing moving back to where we can come up
with some kind of a solution to help him, and let him know that if these
decisions are made, that this Commission will back him, because I think that's
what he is looking for. So I bring that to your attention.
Mayor Suarez: Thank you.
Vice Mayor Plummer: Mr. Mayor, one other thing, and I will quit. As you are
well aware, and somewhat reported in the press, I met with the DDA (Downtown
Development Authority).
Mayor Suarez: Yes, let's do... as long as you brought up the other topic, I
think the Commissioners want to comment on that.
Vice Mayor Plummer: All right. Surely.
Mayor Suarez: Please. Commissioner Dawkins, and then Commissioner Alonso.
Commissioner Dawkins: I'll yield to Commissioner Alonso.
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: No, go ahead.
Commissioner Dawkins: OK.
Mayor Suarez: She yields back.
Commissioner Dawkins: The problem is Citywide.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: It is not localized in any particular location. I get
as many complaints and calls off of 61st and 62nd Street, from 12th Avenue to
17th Avenue, as J.L. Plummer gets. Last night I got sixteen calls about the
area of the Arena, and I don't understand why we have policemen in the area,
and yet, those individuals whom we are going to discuss this afternoon, known
- as the homeless, stand out there and harass people, and make people give them
money to watch their cars where you park at a City of Miami meter. I mean,
r and the police is the middle... police on each corner, and they are doing this
in the middle of the block. I really don't understand it. I do not
understand why, and it does not take a Major in the Police Department to
understand that, if these little kids that I saw throwing rocks at the
Metrorail... gather them... I mean, it's nothing illegal, I don't think, about
picking them up and taking them to the jail station, and let their parents
come and get them. You don't have to put them in jail. But at least, we
should pick them up.
Mayor Suarez: Scare the hell out of them.
Commissioner Dawkins: That's right, and let them stay there, and let their
parents come and get them. And once the parents come and get it, I don't it
would be back out there, because the parents cannot take the time to come and
get it.
Vice Mayor Plummer: Especially when you make the parents responsible
financially.
Commissioner Dawkins: Plus... Now, I don't know what we are going to do with
a hundred policemen, but I am telling you for one, if you get a hundred
policemen, you've got to distribute them equally.
Vice Mayor Plummer: No question.
83 January 24, 1991
Commissioner Dawkins: Oh yes, I know you know that, J.L., but see, up here,
if you don't say it, nobody hears it, J.L.
Vice Mayor Plummer: Miller, I said to these people, exactly what you said
about your area. About you, in particular. Now, you know the problem is,
that because the policeman are being tied up on crowing roosters, and barking
dogs, and things that really don't need a policeman for, we are now, almost
Mr. Mayor, at the point of between thirty and forty minute response time on
burglar alarms. Now, you know and I know, that these guys are good at it, and
they are in and out in less than five minutes. And people are kind of resting
on their laurels about the fact that they got a burglar alarm, yet, when they
find out that there is a thirty or forty minute response time, that's where
these people are getting upset. Now, Miller almost addressed the other issue
that I wanted to speak to. I appeared before the DDA. Mr. Mayor, the crime
situation which most people don't understand, of all the sectors that we have,
the sector of downtown is the least amount of crime, because there is nobody
there to rob. Now, I got...
Mayor Suarez: Well, don't say that though, please. I mean, what you are
referring to, probably is nighttime beyond 7:00 p.m.
Vice Mayor Plummer: Yes, sir. I'm talking about part 1 crimes, thirty
sector, is the least amount of part 1 crimes.
Mayor Suarez: But I mean, as far as people not being there...
Vice Mayor Plummer: All right, sir.
Mayor Suarez: ... we have a huge number of people being there now, even on
Saturdays and Sundays. It's just not particularly at night, because the
stores are not open, et cetera.
Commissioner Dawkins: No movies are there to draw people.
Vice Mayor Plummer: Mr. Mayor, the point that I was trying to make, and I am
sorry for deviating...
Mayor Suarez: They go to Bayside, and they go to the Arena, but there is no
movies, there is only the Gusman facility, and you know, we need to have other
things for people to do there at night.
Vice Mayor Plummer: I spoke to them about activity. The point that I wanted
to make to this Commission, is exactly the point that Miller was dwelling on.
You cannot convince me that our City, our hands are tied, and that we can't do
anything about the homeless. Every time I speak to the Manager, in all good
intentions, he tells me, they are federally protected. Mr. Mayor, the people
of the downtown area are fed -up beyond recognition, that their front doors are
being used as bathrooms, all through the evening. The homeless have taken
over and have destroyed. I can tell you that I went the other night to a
thing called "Auto Sport Design," would you make z note of that? - at 36th and
Dixie, and abandoned for one month. And I want to tell you when we opened the
door to that place, the stench would have killed you, and there were five
derelicts in there sleeping.
Commissioner Dawkins: You're still here. You opened the door, and you are
still here, it didn't kill you.
Vice Mayor Plummer: Well, it didn't kill me because I am an embalmer by
trade.
Commissioner Dawkins: OK, no problem.
Vice Mayor Plummer: Mr. Mayor, we have got to do something for the downtown
merchants about the homeless being down there in the evening, and in fact,
using the facilities as bathrooms facilities. Using the facilities in front
of the old Centrust building at Flagler and 1st Avenue, northeast. My
observation the other night, there were seventy. Somebody goes down and opens
up the back of the truck, and they turn that corner into a cafeteria. There
has got to be something that this City can do to assist the merchants in the
downtown area about the homeless situation. I will no longer accept from my
administration, that we can't do anything. I am only going to accept from my
administration, and I want them to come forward within the next ten days,
84 January 24, 1991
telling me what they can do, don't tell me what you can't do. I want to know
what is your answer that I can say to the merchants of downtown, that we are
going to try to help you. Because at this particular point, I want to tell
you, after the sun goes down in the evening, there is nothing. They have got
a Ranger program, which to me, is ineffective. But they are paying for it,
and if they want it, and they want to continue it, and they are going to
continue to pay for it, God bless them. I think they can do it a better way.
I spoke to them about the activity downtown that they needed to take. Instead
of putting in fancy sidewalks and trees, to take some of that money and spend
it to put activity in the downtown area. I think that they have got monies
that they can do that with. But the one area Mr. Mayor, that they pounded me
soft on, was the homeless - that women will not go to the expressway in a car
by themselves, simply because they are rushed by five or six, wanting to so-
called "wash windows," when we know that other things are transpiring.
Mayor Suarez: Although I have say that, that particular problem has really,
really subsided in the last five, six months, and I have seen our officers
dealing very effectively with the panhandlers that are still downtown, and the
windshield washers.
s Vice Mayor Plummer: Well, you'll not convince the merchants downtown of that.
Commissioner Alonso: Well, it is also my understanding that the Chief of
Police has met with merchants, downtown merchants, and they have agreed on
additional protection in the area. And also as a result, they are seriously
considering even opening their stores at night, and creating more activities.
Mayor Suarez: I think we are very close to having that, yes. And lifting the
metal shutters, and so on.
Commissioner Alonso: I met with them, and they were very hopeful that it was
going to be done in the next few days. After the meeting with the Chief of
Police, they were pleased to find a reasonable solution. So I think some part
of what you have mentioned, it's already on the works. In reference to the
crime situation in the City of Miami, it's definitely something that has all
of us extremely worried. I can mention to you locations, that in five days,
four houses were burglarized. The home completely, then the next door, then
the house behind, and this is serious. Then, the next week, after three, four
days, the car, and it's an extremely serious situation.
Vice Mayor Plummer: My car has been broken into three times.
Commissioner Alonso: Mine, several times. In a period of two months, I had
about three incidents. In my daughter's house, her car, her home, it's
frightening to arrive to your house, and find that your entire house, it's
down in pieces, because they have taken over. And this is happening in Miami,
and I think it is something that we have to do something to protect property
and lives of the citizens of Miami. It is serious, very serious.
Vice Mayor Plummer: Mr. Mayor, let me conclude. Commissioner Dawkins came
back from Atlanta, Georgia, and made a report of which I picked up on.
Atlanta, Georgia has instigated a program, called "red dog." The reports of
that are good. The results are excellent. Mr. Mayor, on behalf of this
Commission, I would like to pursue that same good results organization of "red
dog" for our community. But I don't want to do it unless everyone of this
Commission understand that a year's...
Mayor Suarez: Can you get us some documentary explanation of it, so that we
don't...
Vice Mayor Plummer: I'll send... I've got stacks of it, sir. I'll be glad
to.
Mayor Suarez: Please.
Vice Mayor Plummer: But I don't want to spin my wheels, or spend this City's
money, unless this Commission is ready to understand, and ready to approve
that, that operation for one year's time, is going to run approximately, a
million dollars ($1,000,000).
Mayor Suarez: And I wouldn't want to imitate everything that Atlanta is
doing. They've got a horrendous crime problem.
85 January 24, 1991
Vice Mayor Plummer: OK. But I am saying, this particular unit Mr. Mayor,
addresses drugs. And the results that they have got... Miller, you say it,
personally, OK? Now, I am asking this Commission, if you want me to pursue
it, because it's going to entail a trip to Atlanta, and to get more
information, to bring it back here and try to put the package together. But I
don't want to do it unless this Commission is willing to say, hey, we want to
do something, and we are willing to put the dollars up, if in fact, this
program can be put together.
Commissioner Alonso: I'll like to hear more about it.
Commissioner Dawkins: It's not only drugs, J.L. They also have a detail that
addresses what you alluded to at night, but which I see every day. People on
Flagler Street get panhandled every three feet.
Vice Mayor Plummer: Right.
Commissioner Dawkins: You go to the Catholic church, they can't go in the
church to pray, for the panhandlers, OK?
Vice Mayor Plummer: Miller, let me tell you what you won't believe. I had a
funeral in that church, Gesu, downtown, and during the funeral mass, on two
different times, the family of the deceased were approached to be panhandled -
at a funeral.
Commissioner Dawkins: OK. In Atlanta, this same "red dog" detail will... I
mean, it has downtown Atlanta clear.
Vice Mayor Plummer: It's beautiful.
Commissioner Dawkins: I walked with them, and they go up to them and tell
them, what are you doing? He says, do you have money to purchase in this
store? They say, no. I'm going around the corner, don't be here when I come
back.
Vice Mayor Plummer: It's working.
Commissioner Dawkins: And they go around the corner, and they come back, and
they are not there. I said, but you are violating their rights, because they
have a right to be on the streets. He said, no, no, they have a right to shop
downtown, but they don't have a right to loiter downtown. But I don't know
where this is, or how far we can get with it, or what, but...
Vice Mayor Plummer: OK. All I am asking this Commission, do you want me to
pursue it, or not?
Mayor Suarez: Yes, I'd like to get documentary explanations, so we know more
about it.
Commissioner Alonso: I do, too, yes.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Wait a minute, I'll say one thing, and we will close
discussion, like you said Mr. Mayor, we have to move. I've asked for this
three or four times, I'm going to ask again. Provide me with the sectors, the
number of vehicles in each sector each day, and the number of man hours, and
the number of miles put on each car by each officer. Because as I said, in my
neighborhood, I go across the streets in the park, and although we have
policemen who are in vehicles, who are supposed to be patrolling, and on
motorcycles, I don't see one. So where in the hell are they?
Vice Mayor Plummer: You need to delineate that you are speaking of patrol, or
all cars marked and unmarked in that sector.
Commissioner Dawkins: J.L. Plummer, if it's the City of Miami police vehicle,
if... you see, law abiding people don't know the difference between an
unmarked police car and a regular car. But those who deal in crime, do. So I
don't care what kind that goes through my neighborhood, but I need to see, and
all my neighbors, and the same in the neighborhood you just discussed J.L. If
there was more police visibility, perhaps, we'd have less crime, J.L.
86
d
January 24, 1991
Vice Mayor Plummer: Miller, they had a sting operation in the Grove two weeks
ago, and I thought I had seen it all, until I saw them make a bust on a car in
which they were paying for the coke with food stamps. I thought I had seen it
all.
Mayor Suarez: Thanks.
Commissioner Dawkins: That's right.
Commissioner Alonso: Commissioner...
Mayor Suarez: OK, let's move on...
Commissioner Alonso: Let me ask Commissioner Plummer one question.
Commissioner, when you spoke about the way the County is doing, taking over
the reports, and so on, you mentioned the crime reports that we continue to
do.
Vice Mayor Plummer: Right.
Commissioner Alonso: You did not suggest that we stop taking the reports?
Vice Mayor Plummer: Oh, no, no, no. But the County...
Commissioner Alonso: Burglars are going to the...
Vice Mayor Plummer: The County takes what they call, tellereports.
Commissioner Alonso: Yes.
Vice Mayor Plummer: Now, they don't do that on a home break in...
Commissioner Alonso: I see.
Vice Mayor Plummer: ... but on a larceny, like if they break into your car,
the County will not dispatch a patrol unit and tie him up for an hour, OK?
For a stolen automobile, they will not dispatch a unit and tie him up for an
hour. You make that report over the phone. It accomplishes nothing by having
a sworn police officer go to that scene.
Commissioner Alonso: I see.
Vice Mayor Plummer: Yet, the Chief has been reluctant, because he felt it
might cause a political backlash, and I said, well hell, if the County is
doing it, we ought to learn by them. So that's what I am saying, and I think
Mr. Mayor, I would hope that you would call a meeting, you know, not a City
Commission meeting...
Mayor Suarez: Workshop.
Vice Mayor Plummer: ... but where we can sit down with the Chief, in the open
to the public, and discuss these issues, and bring them to the forefront.
Mayor Suarez: Why don't you schedule it as part of the Commission Awareness
program?
Vice Mayor Plummer: Well Commission Awareness is over on December 6th, I
think it was, sir.
Mayor Suarez: Thought we extended it.
Commissioner Alonso: No, we extended it.
Mr. Joe Longueira: They extended it, the last meeting.
Vice Mayor Plummer: Nobody told me.
Commissioner Dawkins: You mean to tell me you didn't know you were supposed
to still be doing your job?
Commissioner De Yurre: He wasn't aware of it.
87 January 24, 1991
Mayor Suarez: Work with the...
Vice Mayor Plummer: This Commission was not aware of the Commission Aware....
Mayor Suarez: Let's schedule a formal hearing of that committee, headed by
yourself, and let's...
Commissioner Dawkins: And invite us.
Mayor Suarez: And invite us, please.
Vice Mayor Plummer: OK. I'll be happy to. I'm sorry, nobody told me
Commission Awareness was still in effect... I only got your memo.
Commissioner Alonso: Yes.
Mayor Suarez: And the Manager's office will work with you on it. And let's
do it in a formal hearing, let's get input.
Vice Mayor Plummer: OK. I'll work with Joe on that.
Mayor Suarez: Thank you. By the way, it was in Atlanta that I first saw the
police mini -stations, storefront mini -stations, and we are pleased to see that
we've managed to get them working in Miami.
Commissioner De Yurre: One thing we've got to point out Mr. Mayor is that,
it's not just the downtown merchants that are upset about the homeless
situation. The residents in the Lummus Park area, are up in arms, big time,
because the homeless have taken over the park with tents, you know, they hang
their laundry, you know, it's an unbelievable situation that they've camped
out there permanently. And these residents you know, have as much a right as
anybody else, to live in a situation that does not entail that kind of scene
everytime they walk out of their door steps. So, it's not just the merchants
in the area...
Vice Mayor Plummer: It's horrible.
Commissioner De Yurre: ... it is the residents, and most of them are elderly,
that live in constant fear. And as you well know, my wife works at Jack Orr,
which is right smack in that area, and she sees that on a daily basis, and
it's really something that needs to be addressed, and you know, it's a
matter... we can express these thing here, but you know, I think that having a
meeting, and sitting down and being ready to come up with some solutions, I
think it's important. And you know, I think that as soon as we do that, that
much the better.
Mayor Suarez: Let me... I have to say this. Guillermo, our great planning,
acting, future, possible director, et cetera.
Vice Mayor Plummer: Oh, my God!
Mayor Suarez: Whatever it is, that is your title.
Vice Mayor Plummer: Goodbye Sergio. It's been nice knowing you.
Mr. Rodriguez: That's the way you find out about things.
Commissioner Alonso: Is that too early?
Mayor Suarez: Substitute, possible emergency, batter, or whatever,
designated. Listen, one thing that we may as well, and we may as well convey
this to the Manager, for myself, that the divestiture program of the City of
Miami that we have been proposing to the Manager, on mini parks, and parks,
and other publicly owned facilities, now can be pronounced dead. It was
really dead on arrival, because we never did anything with it. At the very
least, we should go back and look at those same properties that you gave us an
inventory, including Lummus Park, and see if we couldn't... at least, and
this, Commissioner De Yurre has talked about this many times, come up with
some attraction that might make sense for some of these parks, that the
private sector might be willing to fund, whether it's some activity, or
childcare, or restaurant, or something, that might bring some of these parks
88 January 24, 1991
to life. And Lummus Park is the classic one. Instead of the planning
concepts across the river from Lummus Park, of the nice bricks, and the nice
improvements that Commissioner Dawkins can appreciate, at great cost
accomplished nothing. Millions of dollars spent in the river improvement
effort.
Vice Mayor Plummer: Brought us some beautiful lawsuits.
Mayor Suarez: Yes. It looks nice. Someday, probably we'd be happy we did
that. Ten or fifteen years from now, or fifty years from now. In the
meantime, some of that money applied to the some of the existing City
properties, parks, et cetera, to improve and to create other sports
activities, other vita courses, whatever it takes, whatever makes sense for
that area from a planning standpoint. We are not selling them, so we may as
well forget about the whole idea of divestiture. We are not selling them, we
are not putting them over into the hands of private sector. And Lummus Park
is a classic. There has got to be something that can be brought into that
park to bring it to life without us having to spend incredible amounts of
money. It is essentially a nice park, it just need some activities in there.
Commissioner Dawkins: That's all.
22. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION FOR REVIEW OF SPECIAL
EXCEPTION GRANTED BY ZONING BOARD TO PERMIT A DRIVE -THROUGH FACILITY FOR
REPUBLIC NATIONAL BANK AT 2750 N.W. 7 STREET (GROSSE POINTE HIGHLANDS)
(Applicant: Kebra Enterprises, Inc.) (See label 31).
Mayor Suarez: All right, PZ-12.
Mr. Olmedillo: PZ-12, Mr. Mayor and Commissioners, is a drive -through
facility for a financial institution on 7th Street NW, and between 27th and
28th Avenue. And as you know, the drive through facilities for financial
institutions come to you for confirmation. The Zoning Board approved the
facilities, and...
Mayor Suarez: Which is the financial facility? Why is it not specified?
Mr. Olmedillo: It's Republic National Bank.
Commissioner Alonso: Republic National Bank.
Mayor Suarez: OK. Is there anyone here that opposes this application of PZ-
12?
Vice Mayor Plummer: Do we have a schematic?
Mayor Suarez: Let the record reflect no one stepped forward.
Vice Mayor Plummer: Where is 7th Street?
Commissioner Dawkins: In Miami.
Vice Mayor Plummer: No kidding.
Commissioner Dawkins: Right between 5th and 6th.
Mr. Olmedillo: As you can see on the...
Vice Mayor Plummer: OK. And the back of the building faces north or south?
Mr. Al Cardenas: South. OK. For the record, my name is Al Cardenas...
Mayor Suarez: And I guess, if we are going to take testimony, we are going to
have to swear you in Al.
Mr. Cardenas: Right.
Commissioner Dawkins: But while I am waiting on Al...
89
January 24, 1991
Mayor Suarez: And if your client is needed too.
Commissioner Dawkins: ... will somebody... OK, go ahead and swear in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Dawkins: I need something explained to me from the
administration. Down here says, approval subject to landscape plan on file,
and two persons at all times at the drive -through facility during operating
hours. Why would anybody be in there when it's not operating hours? I mean,
I don't understand. What does this say?
Mr. Olmedillo: That was clarifying language, so that you're going to have two
people operating the four tellers whenever it's opened.
Mr. Rodriguez: Not one.
Commissioner Dawkins: Well when it's not opened, what?
Mr. Olmedillo: You don't need the people there.
Commissioner Dawkins: But you see, one person could be there operating it,
and say it's not operating.
Vice Mayor Plummer: What's he speaking about?
Mr. Olmedillo: Well, the function of the person being at the teller, will be
to assist the clients that come up to the teller itself, for service.
Commissioner Dawkins: All right. How many drive -through facilities will it
be?
Mr. Olmedillo: There four windows.
Commissioner Dawkins: Four windows? And it will be eight people at the
window?
Mr. Olmedillo: No. Two, to serve the four windows is the proposal of the
Planning Department...
Commissioner Dawkins: So you really and truly aren't telling me anything, for
the simple reason that, you've got four windows, and is only going to put
three people there when the cars back up, or four people there when the cars
back up.
' Mr. Rodriguez: What we are saying is, that we will like to see at least two
j people as compared to only having one, which is what the applicant was
proposing at one point. As compared... you know, if you have two tellers in
j place, at least you know that you have two windows going on all the time, and
jj the access from the other windows will send the material back and forth
through any connection. If you don't specify this, they will be able to have
only one teller, which is what the Zoning Board approved. The Zoning Board
approved the possibility of having one teller only, when they were opened.
Vice Mayor Plummer: That's no good.
Mr. Rodriguez: One person.
Commissioner Dawkins: If you've got three windows, you need... you've got
four windows, you need three operators.
Vice Mayor Plummer: OK. My question is Al, how many stacking do you have off
street?
Mr. Cardenas: OK. For the Record, my name is Al Cardenas with law offices at
201 South Biscayne Boulevard. I am here representing Republic Bank in this
application. We exceed the number of stacking lanes that the code called for.
Vice Mayor Plummer: I didn't ask that. I asked, how many.
90
January 24, 1991
Mr. Cardenas: Thirty-one stacking lanes.
Vice Mayor Plummer: Thirty-one in stacking lanes?
Mr. Cardenas: That's correct.
Vice Mayor Plummer: Where is your parking?
Mr. Cardenas: Well, let me go into this if I can, because it will answer the
question for you.
Vice Mayor Plummer: I'd like for you to answer my question. Either that, or
I am going to give you back this card they sent me from the Republican party.
Mr. Cardenas: They sent you one?
Vice Mayor Plummer: I don't know why.
Mr. Cardenas: I put you on the mailing list.
Vice Mayor Plummer: I'm going to see if it works at the automatic teller
machine. If it doesn't, I'm going to give it back to you, and stay a
;a
democrat.
Mr. Cardenas: I thought you'd like to be on the mailing list. I'm sorry if I
took the liberty that wasn't mine.
Commissioner De Yurre: Well you know that no democrats can borrow from this
bank.
Vice Mayor Plummer: Well, like we say, we'll be glad to kiss your elephant if
you don't kiss our donkey. How many parking spaces, and where are they?
Mr. Cardenas: There are twenty-one parking spaces here, all for the employes,
but I'd like to explain why, if I may.
Vice Mayor Plummer: What about the customers?
Mr. Cardenas: Well, there is no bank office here. That's why I need to
explain to you what the deal is. On 28th Avenue and 7th Street here, is a
Republic Bank branch. To refresh your recollection, about a year and -a -half
ago, I came before you and said, the bank was getting bigger, we are getting a
lot of traffic, we needed drive-in tellers, and we needed additional employee
parking. And I came to you with a proposal, to permit the transitional use,
adjacent to the bank, fronting on NW 6th Street. And when I came here, also
about twelve neighbors came and said, well we don't want that transitional
use, that's going to back up right adjacent to our homes, and across the
street, and we don't want that. And I argued that it was the best thing,
because you know, traffic, dadat, dadat, dadad, and you made me a loser on
that one. You said, All, you know we agreed that there is a need for drive-in
facilities, employees need parking, but we don't want it there. So, my
clients...
-' Commissioner Dawkins: I beg to differ. We didn't make you lose, you lost by
not having a good argument.
Mr. Cardenas: OK.
Commissioner Dawkins: OK.
Mr. Cardenas: I am sorry that my clients heard that but I... at any rate, so,
we learned our lesson. We went back and obviously, we had a situation that
needed to be resolved, and our clients purchased a parcel, which is zoned
commercial. You could have a high story residential/commercial activity,
whatever, much more expensive than you would normally want for this type of
thing, but logic tells you, they needed to expand. So they acquired this site
which permits, its current zoning permits what it is we want to do. We
obviously want to keep the bank which is right here, and all of the bank
facilities, and the parking, but we want to have the employees park over here,
which will free additional parking to permit the clients to always find a
space, and won't have cars driving around the neighborhood, as is the case
now. We also have solely the drive-in facilities here, which we are having
91 January 24, 1991
excess room because of what we consider being you know, the best case
scenario. In case there is future growth, we will have that. Now, under
present conditions, and that's why the Zoning Board unanimously agreed with us
by a eight to nothing vote, we felt to comply with the Planning Department's
recommendation that you have mandatorily two tellers at all times. It really
was not fair for a number of reasons. Number one, on a Tuesday at 10:30, one
teller could be sitting there doing her nails, because you don't have that
kind of traffic. On a Friday at 5:00 o'clock, you want the three or four
tellers open, and of course, our clients feel that they are obviously bright
enough commercially, to be able to satisfy their clients, because if they
don't, they will go somewhere else. At this point in time frankly, we don't
even know if we will need all four running at the same time. - we'll find
out. We think that because of the recent growth of the branch, it's only
prudent to make the appropriate arrangement, so that there's a smooth traffic
flow, clients are pleased, and the neighbors are also satisfied. So, this was
what we did, our client acquired the site. It's zoned properly. It's done
all that it needs to. It's got Planning Department's recommendation and
approval, Zoning Board's unanimous recommendation and approval. The only
difference between staff and our position is that we feel to make a mandate
for a minimum number of tellers really shouldn't be the case, and I've been
before you in that argument at 1401 Brickell, and other facilities, where
staff made a similar recommendation, and you have agreed with my logic at that
time, and I hope you do at this time as well.
Vice Mayor Plummer: This time you lose.
Mayor Suarez: Anything further?
Vice Mayor Plummer: Al, as I understand what you are saying is, that you
don't know that you need the four? - that you are holding that for future
expansion?
Mr. Cardenas: Well we think that based on what the growth of a bank is, it
wouldn't make sense to build it any other way, but all four.
Vice Mayor Plummer: I don't disagree, but if you only want to provide two
tellers, then let's don't let you open up the other two tellers until such
time as you come back here and say you want to open up, and we will decide
then.
Mr. Cardenas: The point is, that on Fridays, we may well want to have four
tellers there.
Vice Mayor Plummer: The point is, you are going to lose.
Mr. Cardenas: I don't understand, because I've been here under similar...
—+ Vice Mayor Plummer: The understanding is that my colleague says that he wants
three tellers full time for four windows. Now the potential problem that you
have is, is the problem of safety on the streets, and cars backing up. Now,
that's the problem.
Commissioner Dawkins: And Al, all I am asking is, the same thing all of us
are saying here, which if I were the bank, and I had a building project, I
i would put in four tellers while I can get them at this cost, and it would be
cheaper than putting in two and coming back at a later date and adding two.
Mr. Cardenas: Well, we... sorry.
Commissioner Dawkins: So you did it for expansion, and you... say that, say
that we will come back when we need them, and we will be all right with you.
Mr. Cardenas: Well the bank wants to be in a position where if tomorrow, on a
Friday afternoon they can open the four tellers, because they have that kind
of traffic, they can do that. I mean, which is what any kind of business
would like to do.
Commissioner Dawkins: Well we are here every second Thursday.
i
Mr. Cardenas: Well, but I don't see... what we are requesting is something
that is perfectly logical. I mean, you would want, I would presume, more
rather than less tellers, if you are concerned about traffic.
92 January 24, 1991
Vice Mayor Plummer: That's what we are saying.
Mr. Cardenas: So, we want to open the four. Now, the issue is, why would the
City...
Mayor Suarez: OK, be careful when you speak, because you are confusing the
whole thing when you say tellers. You are talking about teller windows, or
individuals manning the tellers?
Mr. Cardenas: We want to be able to provide four teller windows, and at peak
times, be able to provide four tellers to man those four teller windows, so
that...
Mayor Suarez: Four individuals to man?
Mr. Cardenas: ... (a) the public purpose which I presume might be of primary
interest, traffic and so forth, is greatly alleviated by the greater man
power.
Mayor Suarez: What are we empowered to regulate? - the teller windows, or the
number of tellers, or both?
Mr. Olmedillo: Both, because this is a special exception, you can apply any
conditions that you feel reasonable.
Mayor Suarez: For myself, I will follow whatever the recommendation is from
staff. I have no idea what the ideal number of tellers or teller windows are.
But at least distinguish between the two if my colleagues here are concerned
about having not enough personnel to man the windows.
Commissioner Alonso: If I may, if we have less windows, we will create a
traffic problem.
Vice Mayor Plummer: That's correct.
Mayor Suarez: That's what he's arguing, right.
Commissioner Alonso: Because...
Vice Mayor Plummer: No, that's not true.
Commissioner Alonso: Well, let's put it this way. If they have enough people
coming to the windows, in order to need four, as they are planning now, and
they are saying to us, Fridays, they might need all four. If we tell them
have less than four, they will abide by whatever our decision is, and they
will have the same number of people. They will back up in the streets because
the people will go through their banks. So, I don't see the benefit of
limiting the number of windows, and I guess that if they open four it's
because they have enough business as to do that.
Mr. Cardenas: That correct. Now let me, if I can...
Vice Mayor Plummer: Nobody wants to limit the number of windows. We want to
make sure the windows are staffed.
Mr. Cardenas: ...provide you with the, you know, from our perspective, the
argument of what I think is some sort of uniform, you know, applicability to
these things. For example, I can tell you in the last six months I've been
before you and at least five or six of these special exceptions for a drive -
through facilities. We don't have standards that we apply other than the
stacking lane standards. But to have some of my clients, for example, be
exempt from the mandate of any number of tellers and others - not only mine -
I mean, anyone else - without some rationale that would be uniformly applied
to all of the applicants, would not make much sense to me. In this particular
set of circumstances, I would think you might want to instruct staff to look
into providing you with ideas as to standards. For example, there are peak
hours involved. It would seem to me that you may want two, three people
during peak hours. But on a Tuesday at 10:30 in the morning, it really is a
drain on the bank to ask them to have tellers that are not working.
Literally, because there are no cars using their facilities. Why would you
want people manning the facilities that have no work to do? Just to have a
general guideline.
93 January 24, 1991
i`
Mayor Suarez: No, we're worried about the times that there will be a lot of
people there, and you won't have enough tellers at the windows. That's what
we're worried about.
Commissioner Dawkins: You know, if... you know, Al, Al, Al, we - you know, I
could very easily sit here and do what you just asked me to do. And that is,
make it standard. But I would have to penalize those who need this by saying,
I'm not going to pass any until I get a uniform standard, and that's unfair.
Mr. Cardenas: That's correct.
Commissioner Dawkins: Let's don't, you know, let's don't do that to nobody.
Now, the other thing is, if they did not four, they wouldn't put four there.
Mr. Cardenas: That's correct.
Commissioner Dawkins: And my concern is, like you said - and this economics -
the economy is soft, very soft. So anybody who can save money, they have to
save money. And my concern is that you're going to have four windows open,
and the only time you're going to put four people in there is when you - the
cars back up out in the middle of the street so you got to move them.
Vice Mayor Plummer: If you got the people to put in there.
Commissioner Dawkins: See, see? That's all.
Mr. Cardenas: Well, can we then make the commitment to have a minimum number
of tellers on a peak hour basis? Because I'm sure you, yourselves, wouldn't
want to make the bank put people in who are not going to be....
Mayor Suarez: Well, if not on a peak hour basis. We're not experts in that.
When you happen to open that particular teller window and use it. Have it,
you know, manned by a minimum number of employees...
Mr. Cardenas: Right.
Mayor Suarez: ...that worries us to have that window open and nobody there.
Commissioner Alonso: Yes.
Mr. Cardenas: That's perfectly acceptable.
Commissioner Dawkins: That's it.
Mr. Cardenas: That we will always.... that's perfectly acceptable. That's a
very reasonable request.
Mayor Suarez: How can we state that in a way that makes sense or how do you
propose it, counsel, if you have a way?
Mr. Cardenas: That there will...
Commissioner Dawkins: But no less than two at no times. Because that's staff
recommendation.
Vice Mayor Plummer: And we got a one year re...
Mr. Cardenas: What if you have one teller open?
Commissioner Dawkins: What did he say?
Vice Mayor Plummer: Two.
Mayor Suarez: Please use the terminology teller window, Mr. Cardenas. One
teller open.
Mr. Cardenas: What if you have one teller window open?
Vice Mayor Plummer: No, they're recommending two. Right?
Mr. Rodriguez: We're saying is that you have two.
94 January 24, 1991
Commissioner Dawkins: Two teller windows open at all times.
Mr. Rodriguez: When you have them open.
Vice Mayor Plummer: And we got a one year review.
Commissioner Alonso: When they have it open.
Vice Mayor Plummer: If it's not working out at the end of one year, we come
back and make them have four.
Mr. Rodriguez: The only exception that I could see is if they have one of the
teller windows might be a mechanical, you know, ATM (automated teller machine)
type of facility. For that reason, it didn't make any sense to obviously to
keep two people over there at the same time. But other than that, I think
having two might alleviate the possibility of people backing up, which is the
concern that we have.
Mr. Cardenas: Well, are you talking about keeping two tellers or two teller
windows open at all times?
Vice Mayor Plummer: Two tellers.
Mr. Rodriguez: Two persons. Two individuals. That's what we said.
Commissioner Dawkins: If you have two windows, two persons. If you have one
window open, one person. Is that what you're saying?
Mr. Rodriguez: And if you have more than two windows, two persons, at least
two persons over there when you have two or more.
Mr. Cardenas: Very good.
Vice Mayor Plummer: No less...
Mayor Suarez: No less than a ratio of one to one.
Commissioner Alonso: No less.
Mr. Cardenas: That's right.
Mayor Suarez: No less than a ratio of one to one.
Vice Mayor Plummer: What am I understanding it's no less than two.
Mr. Cardenas: No.
Mayor Suarez: Right.
Mr. Cardenas: No less than two, that's correct.
Mr. Rodriguez: If you have two or more.
Mayor Suarez: And one to one up to two, is what I meant, I guess. One to
one, up to two.
Mr. Cardenas: Up to two, right.
Mayor Suarez: And then, no less than two be on there.
Vice Mayor Plummer: What you're recommending is, no less than two people will
be in those cages when the bank is open.
Mr. Cardenas: No.
Mr. Rodriguez: Right.
Mayor Suarez: When all four windows are open.
Vice Mayor Plummer: No, when...
95
January 24, 1991
Commissioner Dawkins: No...
Mayor Suarez: Because they could have one window open with one teller worker.
Vice Mayor Plummer: No, no, no, that's not what they're recommending. That
when the bank is open...
Mr. Rodriguez: Two.
Mayor Suarez: There may be hours where you don't need to have any teller
windows open at all.
Vice Mayor Plummer: When the bank is open, they will have no less than two.
Mayor Suarez: Why force them to do that and work at a...
Mr. Rodriguez: What we were saying was, whenever they're open with the
windows, to have two people.
Mayor Suarez: You have to have two employees.
Vice Mayor Plummer: Right.
Mr. Rodriguez: At least.
Mayor Suarez: Minimal, right.
Commissioner Dawkins: All he's saying is if they're going to open the drive-
in window...
Commissioner Alonso: Well, there might be hours where they are not...
Mr. Rodriguez: Open.
Mr. Cardenas: Yes, OK.
Mayor Suarez: And if you have one teller window open, at least one
individual. You have two teller windows open, two individuals, minimum, all
the way up to four teller windows. Never less than two.
Mr. Cardenas: That's correct, and that's...
Mayor Suarez: That's what I understood that...
Mr. Cardenas: ...when the drive-in facility is open, of course.
Mr. Rodriguez: Right, only.
Commissioner Alonso: Yes.
Mr. Jorge Fernandez: And also, Mr. Mayor, for the record...
Mayor Suarez: I hope you make this into sort of a coherent standard for us to
apply, rather than guessing at what these ratios should look like.
Mr. Rodriguez: Well, something else that I don't know if I explained clearly,
that the Zoning Board had made a recommendation that instead of the - what we
recommended, the Planning Department recommended, of having individuals in the
windows, that they should be instead of that, one person directing traffic,
security person.
Mr. Fernandez: That's right.
Mr. Rodriguez: Directing traffic, security. Instead of the minimum in the
windows, so, you know, you might want to...
Mayor Suarez: Directing traffic in the parking lot or in the right-of-way?
Mr. Rodriguez: In the parking lot to avoid that they will be backing into the
street, and...
Mayor Suarez: That always works real well. I've seen that...
96 January 24, 1991
Mr. Rodriguez: And then we're not concerned with how many people were in the
windows at all.
Mr. Fernandez: And as this item comes to you, it comes with that
recommendation from the Zoning Board. So whatever you have done here now,
would be in addition to that.
Vice Mayor Plummer: It's a good recommendation. They're going to have...
Mr. Fernandez: Or change it. You may address that issue and change it, but
unless you address it, it remains the same.
Mayor Suarez: What hours did they specify to have that? -when all four are
open?
Vice Mayor Plummer: When the bank is open.
Mr. Fernandez: It doesn't make reference to when.
Vice Mayor Plummer: I can't imagine banks would open without a security guard
of whatever kind.
Mr. Rodriguez: Well...
Vice Mayor Plummer: OK, are you ready for a motion?
Mr. Rodriguez: Yes, please.
Mayor Suarez: Yes.
Vice Mayor Plummer: I make a motion that it is approved based on the
following conditions. One, a 12 month review. Two, that the teller windows
will never have less than 2 people in the teller windows, no less than two.
Three, that a security guard will be present on premises whenever the teller
windows are open. Is that it? Does that cover it?
Mr. Rodriguez: Let me ask you one question. A review in 12 months by whom? -
by the administration or by the Zoning Board or by the Commission?
Vice Mayor Plummer% By the Commission.
Mayor Suarez: You're not talking about Automatic Jack's here, are we?
Vice Mayor Plummer: Automatic what?
Mr. Cardenas: Sure, on... absolutely.
Vice Mayor Plummer: Well, I'm sure they're not going to be on this premises.
They're going to be on the bank premises.
Mr. Cardenas: Well, but the security guards are available at the bank.
Vice Mayor Plummer: But, you're not... are you telling me that you're going
to have people operating there with money and not have a security guard on
that premises? I can't believe that.
Mr. Cardenas: That's the case in the drive -through facilities that are open
in every bank. They don't have...
Vice Mayor Plummer: Normally, they're attached to the same building and the
same security guard covers both. This is unique in the fact that this is
basically an off premise operation. And I'm saying to you, that I deal with
Republic Bank, and if you don't have a security guard in that area, I don't
want to deal with the Republic Bank. Now, I'm telling you, that a security
guard is normal procedure for a bank.
Commissioner De Yurre: He may be a teller at the same time, but, hey...
Vice Mayor Plummer: Well, he could maybe double as a teller.
97 January 24, 1991
Mr. Cardenas: I can tell you that none of the Republic drive -through
facilities that are detached from the bank have a security guard on premises.
None of them. I don't know... I think if you make a, you know, if you want to
apply that uniformly, but I'll bet you 90 percent of the drive -through
facilities don't.
Vice Mayor Plummer: But, Al, you under... we're saying that there's two
purposes of the security guard. One, to provide security and, two, to help
out with the traffic situation in directing the people where to go. I think
it's a reasonable request.
Mr. Cardenas: But, one of the reasons why we're providing this large a
facility, is so that you don't get into that typical smaller narrow facility
with one, you know, with one teller and ten lanes.
Vice Mayor Plummer: OK, all right, look. Excuse me, Mr. Mayor, they're
unhappy with my ideas. I move to deny the application.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Commissioner Alonso: Don't you have security in some other locations of the
drive-in? You do bank Republic has.
Vice Mayor Plummer: Call the roll.
Mayor Suarez: If...
Mr. Cardenas: Republic Bank has...
Mayor Suarez: Wait, wait, Al, so we procedurally can be on all fours here.
We have a motion and a second to deny the application. If no one makes a
substitute motion, we will have to vote on that. So, I'll entertain a
substitute motion. No one is moving it.
Vice Mayor Plummer: I tried to make a motion for approval. They didn't like
my conditions, and I thought they were reasonable.
Mr. Cardenas: I'd like to comment on that, because I have a solution that...
Vice Mayor Plummer: You've been commenting, Al.
Mr. Cardenas: But, you haven't let me comment on the security officer thing.
Here's how they plan to do it, so, hopefully, it will be acceptable to you.
The bank is across the street from the facility. It has plenty of security
personnel.
Commissioner De Yurre: Not across the street.
Mr. Cardenas: There's a phone system...
Commissioner De Yurre: All right, across the street now. That's not across
the street...
Mr. Cardenas: Yes, 2800...
Commissioner De Yurre: It's on the corner down the street, not across the
street.
Mr. Cardenas: Well, here...
Vice Mayor Plummer: There's two lots in between. Two lots and a street.
Commissioner De Yurre: Yes.
Ri
Vice Mayor Plummer: Yes, there's two
lots and a street.
He can't shoot that
far.
Mr. Cardenas: But these people are
locked in. They
have a phone. The
!
security personnel is there. They're
within 30 second
access to the drive-
U,
through facility.
a`
98
January 24, 1991
Vice Mayor Plummer: Al, I'm ready to call the question. Now, I don't want
to. I'm trying to work with you. I'm trying to work with you. But I think
that we have the right to what we consider to be reasonable standards.
Mayor Suarez: Before I hear - before we have to take this to a vote, I'd like
to hear the actual recommendation on security personnel from Zoning and the
rationale, if you have it. I don't remember ever imposing this before, so...
Mr. Rodriguez: We didn't have any. The staff didn't have a recommendation on
security. The security condition was imposed by the Zoning Board...
Mayor Suarez: No, the Zoning Board, I'm sorry.
Vice Mayor Plummer: No, they did not.
Mr. Rodriguez: ...instead of the two tellers, the two people, you know,
attending the tellers.
Mr. Cardenas: No, they did not. No, they did not.
Mayor Suarez: Oh, as an alternative to having a minimum of two individuals at
the teller windows, they said that you ought to at least have somebody outside
or something directing traffic?
Mr. Rodriguez: Somebody outs$e directing traffic.
Mr. Cardenas: That was not part of the motion.
Vice Mayor Plummer: Well, let me interject something I didn't want to
interject, OK?
Mr. Rodriguez: Instead of that.
Vice Mayor Plummer: Has anybody stopped and thought the amount of bank
robberies that we've been having in the last six months in this town?
Commissioner Dawkins: They're all inside the bank though, J.L.
Vice Mayor Plummer: No, they're not. No, they're not. I'm going to tell you
this one down here on Brickell has been robbed three times, the Dadeland Bank.
It's been robbed three times. The FBI says that they are experiencing more
bank robberies in Dade County than they have had in years. You can't provide
enough security.
Mr. Cardenas: What I'd like to do, if I may, because it's a brand new issue,
and with all due deference to the Assistant City Manager, the issue of
security personnel was never discussed at the Zoning Board hearing. The
resolution doesn't reflect it...
Commissioner De Yurre: Well, do you want us...
Mr. Cardenas: ...and what I wanted to do...
Commissioner Alonso: Can we suggest perhaps a six months review and then if
it... if we feel it's necessary...
Commissioner De Yurre: No, let's send it back to the Zoning Board, if there's
an issue that hadn't been discussed before.
Mr. Cardenas: No, no.
Mr. Rodriguez: If you want to, I can read from the resolution, the language
exactly. It says, "...this is a special exception has a time limitation of 12
months in which a building permit must be obtained. Reduction of two persons
to one to direct drive -through traffic, and subject to review by Zoning Board
one year after obtaining certificate of occupancy."
Mr. Cardenas: Right. Now, you know, Mr. Quintana is here, who's a senior
vice president for the bank. He's in charge of all of the branches and the
operations, and has a working knowledge of the whole security system. I would
like to, because the issue, honestly, Commissioner, has never been raised by
99
January 24, 1991
l
either staff or any member of the Zoning Board and you raised it. I want him
to address the issue, if I could.
Vice Mayor Plummer: Al, listen to me. Listen to me one final time. We're
going to review this in a year. If you find, or we find that in a year, that
we have overdone it and it can be reduced, that's fine. And I would vote to
do such. But I am not going to vote to go into this thing and not be
adequately assured that the public and the community is going to be served
properly. Now, you take it from there. If you don't want to go along with
it, my motion is on the floor.
Mr. Cardenas: But I just wanted the opportunity, Commissioner, have Mr.
Quintana address you regarding the safety issue.
Vice Mayor Plummer: You've had that opportunity.
Mayor Suarez: I understood it initially, Al, as not so much a safety issue.
I was inclined to vote against it as a requirement, because it doesn't sound
like it's a proper requirement, but I understood it to be an alternative to
the number of window tellers that would be required to be in operation at any
one time so that they could direct traffic. So it wasn't even a security
concern. Now, it's been changed to a security concern by the remarks of Vice
Mayor Plummer. What can you tell us about that? Actually, can we impose
security in a zoning consideration of this sort?
Mr. Olmedillo: It's a conditional use. It's a special exception.
Vice Mayor Plummer: We can attach any conditions reasonable.
Mr. Olmedillo: You may apply any conditions that you see are reasonable.
Mayor Suarez: So, if you want to be able to hold up in court, Vice Mayor, I
think we'd better hear from his perspective.
Vice Mayor Plummer: Oh, I don't think any court in the land with the amount
of bank robberies that are going on...
Mayor Suarez: I'm just saying that you...
Vice Mayor Plummer: ...is going to find unreasonable that we ask that a
security guard be on a banking facility premises.
Mayor Suarez: But you've got to let him make his statement as to why there's
no reasonable relation or rational relation between that and what you're
trying to accomplish.
Vice Mayor Plummer: We did. OK.
Mayor Suarez: Which he may be able to do.
Mr. Cardenas: Well, what I wanted to do was to...
Commissioner Alonso: Mr. Cardenas, is it that difficult for the bank to move
perhaps some of the same security they have in the bank over to this facility
at the time that the facility is going to be open?
Mr. Cardenas: Well, what I wanted to do was to have Mr. Quintana spend two
minutes with you reviewing the procedure. I'll guarantee he'll answer a lot
of the concerns you may have. Just let him have a minute to testify regarding
the issue.
Vice Mayor Plummer: Mr. Mayor, can I change my motion? With the permission
of the second, can I change my motion?
Mayor Suarez: You can withdraw your motion.
l; Vice Mayor Plummer: I make a new motion we defer this for further
information.
Mayor Suarez: So moved.
Vice Mayor Plummer: Mr. Dawkins...
100 January 24, 1991
1 0 0
Commissioner Dawkins: I'll accept the withdrawal, but I'm not going to second
the motion you have now.
Mayor Suarez: OK, move to defer for further information.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded. Do you want to address that, Al?
Mr. Cardenas: Mr. Mayor, here's what I would like to address. Obviously,
we've... and I want you to review the history of it so that you understand.
This bank has had expansion needs for two years. I came before you almost a
year and a half, if not more, ago with a particular proposal. It passed
through staff. It passed the Zoning Board. You had concerns because of the
neighbors, and you vetoed the idea. The same needs that were here, and even
more so a year and a half ago, exist today. They spent a year locating a
piece of property, agreeing to purchase it, entering into a purchase contract
to buy it, coming before staff, negotiating with staff a landscape plan, a
buffer plan. We went back and forth on a site plan that would be acceptable
to staff. Then we went before the Zoning Board and got a unanimous approval,
and now we are before you with the same problem we had two years ago for a
final resolution of the item. This is the first time in this time period that
we have heard about the security issue. I have the bank's vice president in
charge of operations here who would like to spend two minutes talking to you
about it. And then if you listen to him, and you're still uncomfortable, you
may want to defer, vote against it, vote for it, but I think because of that
process, you ought to give him the opportunity to have a word on the matter.
Commissioner Dawkins: But, Al, this is, you know... I hear you. But this is
the same company who out of their generosity, felt that their employees were
cramped and didn't have the parking and so we went back and we met with all
the neighbors and all of them, and this is the providing for the employees
only, right? Is that right?
Mr. Cardenas: Excuse me?
Commissioner Dawkins: OK, he's not listening so I'll talk on. So the bank
said that this parking would be used for employees only because - the same
thing we're saying - the bank's rapid growth...
Mr. Cardenas: There will be employees...
Commissioner Dawkins: ...demanded that they bring in employees and the
employees would use up the customers' parking. Therefore, other parking was
sought to relieve the over... I mean, to provide employees parking.
Mr. Cardenas: Well, we don't need 21 more employee spaces. What I said was
that there will be a number of employees - there's certainly not that many
employees at one given time driving. But the employees would park here so
that there will be more space available for clients, but clients will park
here as well, I presume.
Vice Mayor Plummer: Can I ask a question? Don't you have at the present
location, drive-in facilities?
Mr. Cardenas: Yes, we do.
Vice Mayor Plummer: And do you plan on keeping those?
Mr. Cardenas: Yes.
Vice Mayor Plummer: So that's five windows. Or at least six, because that's
}' a double window.
Mr. Cardenas: That's correct.
Vice Mayor Plummer: So that's six drive-in windows.
Mr. Cardenas: That's correct. I'd like to - if I can - may I have Mr.
Quintana address the issue?
101 January 24, 1991
Mayor Suarez: Well, the posture that we have now is a motion to defer for
further consideration. I'm personally going to vote against that motion. I
think your application is perfectly acceptable to me, but that is the posture
we have, but it's not particularly relevant to introduce the issue of
security. But why don't you go ahead and do two minutes of that. Maybe you
can convince the movant to withdraw his motion to defer and try something else
to resolve this on the merits. Because otherwise, I can see this matter
coming back to us again, and I, for one, am ready to try anything that anybody
comes up with for the next 12 months.
Commissioner De Yurre: Well, we haven't gotten into landscaping yet, have we?
Vice Mayor Plummer: Well, that's what I was trying to do, Mr. Mayor, but it
was not acceptable.
Mayor Suarez: I understand.
Commissioner De Yurre: We haven't touched landscaping yet, have we?
Mr. Cardenas: Well, no, we...
Commissioner De Yurre: We have a wall in the back to buffer off the neighbors
or what?
Mr. Cardenas: We have a six foot masonry wall on the sides and on the back.
We have a ten foot landscaping buffer, and a landscaping plan that's
acceptable to staff. As per the site plan.
Commissioner Dawkins: And acceptable to staff and the neighbors.
Mr. Cardenas: And the neighbors. That's why, if you remember, we had...
Mayor Suarez: Is there anyone here that opposes this application? Is there
anybody here to be heard against it? Let the record reflect no one stepped
forward. OK, was there at some point strong opposition?
Vice Mayor Plummer: On the previous application.
Mr. Cardenas: Yes, we had substantial opposition.
Mayor Suarez: And you have presumably satisfied their concerns during this
time?
Mr. Cardenas: We have. Yes, we have.
Mayor Suarez: I mean, I'm just not an expert on whether we should be telling
banks how much security to have if they go to teller windows as opposed to a
regular operation. Presumably, that is a safer operation, and that's what
i' your bank vice president was going tell us, right?
i
Mr. Cardenas: That is correct. People are escorted there. There's a, you
know, bullet proof window. They are locked facilities. No one can come in.
i
i Mayor Suarez: The idea is that the bulk of the money is handled in an area
that the assailant can't get to. They can only come after the people who are
coming to the window for the...
Mr. Cardenas: No one can get access to the place.
Mayor Suarez: Which they can always do that, I suppose, any other way that
they reach the bank.
Mr. Cardenas: And employees will always be escorted. We'll be happy to abide
by that. They'll always be escorted by...
Mayor Suarez:
Well, we're thinking of
the customers than the employees,
you
.
know. We figure you'll take good care
of your employees.
by
Mr. Cardenas:
Right.
Mayor Suarez:
But anyhow, the motion
is to defer. If you want to put
his
comments for a
couple of minutes on the
security issue, since you believe
that
102 January 24,
1991
that's what led us to a motion to defer, go ahead and give us two minutes of
that.
Commissioner De Yurre: Well, let me find out, Mr. Mayor...
Vice Mayor Plummer: Of course, I'm deferring for further information.
Mayor Suarez: Unless we get a substitute motion.
Commissioner De Yurre: Well, let me hear... now, J.L., how many tellers were
you requesting?
Vice Mayor Plummer: What I had before was a minimum of two tellers at all
times on this location. If they open other windows, they have other tellers,
but no less than two. OK? A one year review, and a personnel - let me change
my terminology...
Mayor Suarez: Please.
Vice Mayor Plummer: ...an employee on the premise at all times who will be a
keeper and a director of traffic.
Commissioner De Yurre: Let me say one thing. You know, in analyzing this
situation...
Mayor Suarez: At any time the teller windows are open.
Vice Mayor Plummer: Of course.
Mayor Suarez: OK, I'm sorry. Go ahead, Commissioner.
Commissioner De Yurre: If, it may not be in something we can look into
instead of having two tellers at all times - because part of the deal is you
want to keep them moving, that's why you want to have two tellers...
Vice Mayor Plummer: Of course.
Commissioner De Yurre: If we can have one teller and one security guard
directing the people on what lane to get into, that would take care of the
traffic problem. I don't...
Vice Mayor Plummer: Victor, let me tell you my problem, OK? Both of these
banks - and it's really two separate facilities is what it is, because you
have two lots and a street separating them. Both of these empty on to 7th
Street. Now, you've got two tellers on the present location, and you're
adding four more tellers 100 feet away, 150 feet away. The amount of traffic
and congestion that that's going to cause on 7th Street. That's where my
concern is. It's always been the safety of the streets. As you know and I
know, N.W. 7th Street is a busy, busy street. That's why they're going there.
Mayor Suarez: I'll tell you what. I've got an idea.
Commissioner De Yurre: Well then, you know...
Commissioner Alonso: We should not allow that they back up in the streets,
that's all.
Commissioner De Yurre: ...that's why I'm suggesting that it may be that a
security directing traffic is better off than having an extra teller, inside.
Mayor Suarez: Why don't we table the item, work with staff on the concerns
expressed by the Commission. I would couch the proposals, not in terms of
security, which I don't think there's a good rational basis established by the
City. We won't be able to hold up in court. But in terms of the number of
personnel needed to operate the windows and keep the traffic flowing, and
maybe you can come up with some kind of a compromise. It sounds like they're
going to want - certainly for full operation of the four teller windows and
the kind of traffic anticipated for that - to have at least two people on the
site, one of whom can be a teller and maybe the other one of whom could be
directing traffic, But something along those lines you might want to explore.
Table the item as opposed to deferring it, which is the motion before us now,
and we can get some of these other items resolved if you reach an
103 January 24, 1991
c
understanding with staff that they can make a recommendation to take into
account the things mentioned here, we may be able to vote finally on your
item. OK?
Mr. Cardenas: That will fine. Thank...
Mayor Suarez: Thank you.
Commissioner De Yurre: Another...
Mayor Suarez: And that, in effect, is asking you to withdraw your motion, if
you would, while we table.
Commissioner De Yurre: Another issue that I've just been discussing...
Vice Mayor Plummer: Well, I can make it again at 9:00 o'clock.
Mayor Suarez: Thank you.
Commissioner De Yurre: Mr. Mayor, I've just been discussing with the City
Attorney, it has to do with whether Al is here properly because when this came
up, it's Lucia Dougherty that has the power of attorney and I don't see any
power of attorney duly notarized on record.
Mayor Suarez: While the principals are here, I don't that we need the power
of attorney to be in effect today, do we?
Mr. Fernandez: We would have to swear in the principals to make sure that
that substitutes for a signed power of attorney. But seeing that we're going
to have time, perhaps counsel can provide us a properly executed power of
attorney to ensure that he, in fact, represents Republic and that the file is
no longer contained by the firm of Greenberg Traurig, Miss Dougherty who filed
all of the applications.
Mayor Suarez: OK, you work out anything that have to do with your
representation. I never thought we'd need powers of attorney to determine
who's representing whom. I thought we could assume that the attorney is
representing them. But anyhow, I'd never heard of the idea that we need
powers of attorney for that. I thought with the principals here, that's more
than enough. In any event, solve that too, please.
Commissioner Dawkins: Traurig wants to say something.
Mayor Suarez: Yes, counselor?
Robert H. Traurig, Esq.: Mr. Mayor, for the record, Robert H. Traurig, 1221
Brickell Avenue. Mr. Cardenas, who was formerly a partner and director of
Greenberg Traurig has left that firm. Ms. Dougherty filed the application and
processed the application, which was really on behalf of Mr. Cardenas while he
was with our firm. He has retained the case and he is the proper attorney to
represent the client in this matter, and to the extent that you want anything
further from our firm to confirm that, I will be happy to give it to you.
Mr. Fernandez: Thank you.
Mayor Suarez: That's great. We have procedured ourself to death. Everything
you just said into the microphone has absolutely no binding effect because we
didn't swear you in, so you could see what's happened with all these
procedural requirements we have. But thank you anyhow, counselor. Maybe that
will make somebody feel better.
104 January 24, 1991
11
23. CONFIRM CITY COMMISSION POLICY, AS EXPRESSED IN RESOLUTION 89-199, FOR
APPROVAL OF WATSON ISLAND MASTER PLAN, PROVIDING FOR A TUNNEL FROM THE
PORT OF MIAMI, UNDER GOVERNMENT CUT, EMERGING INTO MACARTHUR CAUSEWAY /
I-395.
Mayor Suarez: Item 13, PZ-13.
Mr. Joe McManus: Mr. Mayor, members of the Commission, this is a discussion
item. The administration wants to be sure we are exactly following the
Commission's policy with regard to the future development at Watson Island.
Mayor Suarez: Is there anything pending on Watson Island that would lead
anybody to want any report at this time whatsoever? -other than the fact that
the island is there and there are birds flying above it, and people using it
for whatever purposes, et cetera?
Commissioner Alonso: Yes, a tunnel.
i
Mayor Suarez: OK. I'm sorry, there is?
Commissioner Alonso: A tunnel. They want to...
Mayor Suarez: Is this as to the tunnel?
Commissioner Alonso: Yes.
Mr. McManus: This is regard the tunnel, Mr. Mayor. The consultants, Post
Buckley, have examined a series of alternatives. Their preferred alternative
crosses under Government Cut and comes up under Watson Island, and merges with
I-395 there. We want to be sure that as the consultants move ahead, that they
are conforming exactly to this...
Mayor Suarez: The idea of that is to combine two tunnels, the port tunnel...
Or you just talking about the MacArthur tunnel?
Mr. McManus: Well, it would be under Government Cut, and would be merging
with the MacArthur Causeway.
Commissioner Dawkins: Throwing more traffic onto the MacArthur Causeway.
Vice Mayor Plummer: Well, this also comes about, Mr. Mayor, in the fact that
they are proposing to put a new bridge on MacArthur.
=
Mayor Suarez: Right, so...
Mr. McManus: A new bridge across MacArthur... across the Intercoastal
Causeway at MacArthur Causeway. Next to the Miami Herald.
Commissioner Dawkins: Yes, but all that traffic will still dovetail into U.S.
1.
Vice Mayor Plummer: Correct.
,;
=.
Mr. McManus: Yes.
_3
+j
Commissioner Dawkins: And 95.
v;
Vice Mayor Plummer: Well, or the expressway.
"
y�3
1F
Mr. McManus: Well, I'd like to remind the Commission that this study started
at the insistence of this Commission some eight years ago as a part of the
arrangements for the new Port of Miami bridge that came across into the FEC
property. This Commission insisted that if the City were going to agree to
the new high level bridge to the Port of Miami, that there had to be parallel
;`'`,
consideration for a tunnel. And the U.S. Department of Transportation is
funding the tunnel study at the insistence of the Dade Congressional
Delegation.
105 January 24, 1991
Mayor Suarez: A tunnel to go just to serve - at this particular point - and
you're mentioning a tunnel to serve the what is now a bridge between the
MacArthur Causeway and the mainland, right?
Mr. McManus: It would be underneath Government Cut.
Vice Mayor Plummer: No, not the tunnel.
Mr. McManus: No.
Vice Mayor Plummer: The tunnel - Mr. Mayor, back when - let me bring you up-
to-date.
Mr. Sergio Rodriguez: The port.
Vice Mayor Plummer: Back when we approved...
Mayor Suarez: All right. We know about the tunnel to serve the port
eventually. All right?
Mr. Rodriguez: This is it.
Mayor Suarez: We also know about the need for a new bridge or tunnel - I mean
that also works - to serve MacArthur Causeway and the mainland. Now Post
Buckley and those folks have come up with an idea that would have a
combination of two tunnels to do that entire route. Is that correct?
Mr. McManus: What they're talking about now is one tunnel underneath
Government Cut. It would rise to the surface, to grade, at Watson Island...
Mayor Suarez: Right.
Mr. McManus: ...and then you'd proceed up across the new bridge over the
Intercoastal and come down...
Mayor Suarez: Well, then, it would become a bridge on the other side of
Watson Island.
Mr. McManus: Yes, connecting Watson Island to the mainland.
Vice Mayor Plummer: This Commission demanded at the time of the port
causeway...
Mayor Suarez: I never heard that one.
Vice Mayor Plummer: ...that they must do a study showing the availability of
taking some of that traffic off of Biscayne Boulevard and 6th Street.
Mayor Suarez: Yes, absolutely.
Vice Mayor Plummer: And that's why this comes about now.
Mayor Suarez: OK, you...
Vice Mayor Plummer: Now the County in request of our demand is having a study
done twofold. One, to replace the bridge on MacArthur Causeway and second,
the tunnel to the port. They are totally separate and independent. One would
serve the port to the expressway, and the bridge would serve from the now
existing MacArthur Causeway over to the mainland.
Mayor Suarez: I've seen a design which, to me, is the most interesting of
all, if it can be afforded, that would provide ultimately for a tunnel that
would connect Dodge Island to that interchange - I think it's probably your
design number one there by tunnel, underground that is, through Watson Island
with another tunnel then going from Watson Island to the mainland, a two
tunnel concept. Is there also a one tunnel plus a bridge concept?
Mr. McManus; One tunnel and bridge concept appears to be the one that would
go ahead because...
Mayor Suarez: OK, which one of those is shown up there?
106
January 24, 1991
Mr. McManus: That would be along alignment number one, with the bridge...
Mayor Suarez: OK, where's the tunnel and where's the bridge? Is this tunnel
there?
Mr. McManus: That is the bridge.
Mayor Suarez: And that is tunnel. OK, where's the double tunnel idea which I
thought was kind of interesting because it would provide all kinds of land
that would be reclaimed and that would link Bicentennial Park to the general
Knight-Ridder property and all of that? Is that show up there too?
Mr. McManus: It was probably an earlier study, it was done by Post Buckley.
Mayor Suarez: It's not pending now? Nobody is proposing that right now?
Mr. McManus: It's not pending now, no.
Mayor Suarez: It's too expensive? -is that the problem?
Mr. McManus: I think that was one of the ingredients in it.
Mayor Suarez: Because that, Commissioners, is so incredibly exciting, the
idea that we would have absolutely no highways over land to connect both
Watson Island - that is to say, MacArthur Causeway - and Dodge Island - that
is to say, the Port - by tunnel. Reclaim all of the land that now has all
kinds of expressways and that disconnects Bicentennial Park from the Knight-
Ridder property and end up with a whole new facility there linking up all of
that Bayfront. But that is a very expensive plan. I've seen it, I've
discussed it with some of the Post Buckley folks. I've discussed it with the
Secretary of Transportation of the United States, and of course, at a very
very generic way. What would you expect from this Commission today by way of
an indication of what we'd like to see done?
Mr. McManus: Well, you've already agreed with the Watson Island Plan, which
made provision for the tunnel coming up to merge in with the causeway. We
want to be sure that there hasn't...
Mayor Suarez: Always specify which linkage we're talking about. Watson
Island to the mainland, Watson Island to Dodge, what are you talking about?
Mr. McManus: Watson Island to Port of Miami. The Watson Island Plan makes
provision for that. We want to be sure that we are carrying out your
policy...
Mayor Suarez: And then a bridge from that point forward.
Mr. McManus: Yes.
Mayor Suarez: A new bridge.
Vice Mayor Plummer: So what are you looking for us to do for you today?
Mayor Suarez: What do you want us to do? -to say we like that, we support
that, we'd make Watson Island available for it?
Mr. McManus: If that continues to be your policy, Mr. Mayor and
Commissioners, you don't have to do anything.
Vice Mayor Plummer: Do you recommend that to continue to be our policy?
Mr. McManus: Yes, sir.
Vice Mayor Plummer: I so move.
Mayor Suarez: So moved. Does that exclude in any way the possibility that
the linkage between MacArthur and the mainland then would also be a tunnel?
Vice Mayor Plummer: No.
Mr. McManus: Well, I think the bridge is moving along at a much faster pace,
you know.
107 January 24, 1991
Mayor Suarez: Does our motion exclude the possibility....
Mr. McManus: No.
Mayor Suarez: Thank you. All right, we have a motion. Do we have a second
on the motion to maintain the...
Commissioner Alonso: I second.
Mayor Suarez: Thank you. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-79
A MOTION CONFIRMING THE POLICY OF THE CITY COMMISSION,
AS EXPRESSED IN R 89-199 (FEBRUARY 23, 1989) WHICH
APPROVED THE WATSON ISLAND MASTER PLAN AND MADE
PROVISION FOR A TUNNEL FROM THE PORT OF MIAMI; SUBJECT
TO FINAL APPROVAL BY THE CITY COMMISSION.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
Commissioner Alonso: And, of course, excuse me... and, of course, all of these
has no implication to the City...
Mayor Suarez: Financial.
Commissioner Alonso: ...it will command no financial implications and also
subject to final approval by the City in any case. You are right? No
problem. Thank you.
------------------------------------------------------------------------------
24. INSTRUCT ADMINISTRATION TO DRAFT AN ORDINANCE TO DISCONTINUE SUNDAY
SALES OF LIQUOR AT PACKAGE LIQUOR STORES WITHIN CITY LIMITS - REPEAL
10722.
------------------------------------------------------------------------------
Mayor Suarez: PZ-14, six month review of Sunday openings of package liquor
stores.
Commissioner Dawkins: I move that seven - 14 be deferred. Nobody is here. I
don't know how well it went, how bad it went, or nothing. So I move that it
f be continued...
Commissioner Alonso: And if they collected any money.
.`' Commissioner Dawkins: I move that it be...
E
Vice Mayor Plummer: Can we discuss this item?
Mayor Suarez: PZ-14, yes.
UNIDENTIFIED SPEAKER: Fourteen?
Mayor Suarez: We have a motion to defer. We don't have a second yet. If we
have a second, we'll still discuss the reason for the deferral.
108 January 24, 1991
Vice Mayor Plummer: Under discussion.
Mayor Suarez: There's at least one.
Vice Mayor Plummer: Under discussion.
UNIDENTIFIED SPEAKER: Shall I....?
Vice Mayor Plummer: Under discussion, Mr. Mayor.
Mayor Suarez: Wait, in a second, ma'am, we'll get to you.
UNIDENTIFIED SPEAKER: OK.
Vice Mayor Plummer: Mr. City Attorney...
Mr. Jorge Fernandez: Yes, sir.
Vice Mayor Plummer: ...this went into effect at what date?
Joel Maxwell, Esq.: This was July.
Mr. Fernandez: July.
Vice Mayor Plummer: OK. And the six months would have ended when?
Mr. Fernandez: End of December.
Vice Mayor Plummer: All right, sir. Are they still opening on Sundays?
Commissioner Dawkins: Yes, sir.
Mr. Fernandez: Yes, they are.
Vice Mayor Plummer: They're not supposed to. It was a six month provision.
I
i Mr. Sergio Rodriguez: No, no, no. July, six month from...
Vice Mayor Plummer: It was a six month review?
Mr. Rodriguez: Excuse me...
Vice Mayor Plummer: I don't think it was a review.
Mr. Rodriguez: Mr. Mayor and Mr. Vice Mayor, the six months from July 26th is
January twenty -something. Six months.
Vice Mayor Plummer: But, is it a review or was it a project...
Mr. Rodriguez: Review.
Mr. Fernandez: A review. It was reviewed, subject to review, not automatic
termination. It would not sunset on its own terms.
Vice Mayor Plummer: I thought it sunsetted in six months.
Mr. Rodriguez: No.
Mr. Fernandez: No.
Commissioner Dawkins: Well, we'll sunset it now, and start it over.
Vice Mayor Plummer: Well, wouldn't it be proper that at this time that we
give them notice that we intend to discuss this item, and at the present time,
it is not the Commission's intent to renew it?
Mr. Fernandez: Yes. That notice we can give them. They had notice by the
terms of the resolution originally passed that it would be reviewed today
or...
Mayor Suarez;
renewing.
Now the notice is that we're heading in the direction of not
109 January 24, 1991
AWN
Mr. Fernandez: Of not renewing, correct.
Mayor Suarez: All right, let's....
Commissioner Alonso: May I ask a question? Were they notified that this item
was going to be on the agenda today?
Mr. Rodriguez: We specifically called the person that originated this, which
was CAMACOL, that this item was going to be here today because they were the
ones that came and brought it before you.
Vice Mayor Plummer: Brought it before.
Commissioner Alonso: Yes.
Mr. Rodriguez: But again, what you were asking six months ago was that you
were going to review this issue at this time. If you want to have a more
formal notice...
Vice Mayor Plummer: Well, what is the proper way to do it? Should we so
notify the license holders that as of the 15th of February, this program is
discontinued until a further review and study by this Commission? Would that
be proper?
Mayor Suarez: A courtesy notice would be very helpful, so that they...
Commissioner Alonso: May I make a comment for the record? I voted against
that, but my recollection - and you correct me if I'm wrong - was it was
subject to review. Given the implication, the feeling that if there were
problems, then we were going to take some action. But, if not, it was going
to be just a continuation.
Mr. Rodriguez: Yes, the language, yes...
' Commissioner Alonso: Was it the intent of the motion at that time?
Mr. Rodriguez: The language that you have...
Mr. Maxwell: Yes.
Mr. Rodriguez: The language that you have says the provision of so and so
shall be subject to review by the City Commission six months from the
effective date of this ordinance.
Commissioner Alonso: So that's why maybe they are not here...
Mr. Rodriguez: That's why it is before you.
Commissioner Alonso: ...because they haven't had any problems, perhaps.
Vice Mayor Plummer: Oh, major problems.
Commissioner Alonso: Really?
Mr. Maxwell: Mr. Mayor.
i
Mayor Suarez: Yes, Joe.
Mr. Maxwell: The correct procedure, and Commissioner Alonso is correct,
that's exactly what the Commission said at that time and that's what the
ordinance says. The correct procedure, if this Commission desires to repeal
that ordinance, would be to direct staff to place an ordinance on the agenda
for first reading which would repeal that ordinance...
Mayor Suarez: All right.
Mr. Maxwell: ...repeal Sunday sales. Notice it as such.
Vice Mayor Plummer: Well, why don't we do it this way just so that we're in
line. The next meeting for that would be February the 28th. Then it would be
within order that we instruct the administration to prepare and publish for
a the February 28th meeting an ordinance to potentially abolish...
110 January 24, 1991
1 ! 1
Mr. Maxwell: Discontinue Sunday sales.
Vice Mayor Plummer: Huh?
Mr. Maxwell: Discontinue Sunday sales.
Vice Mayor Plummer: Discontinue Sunday sales.
Mayor Suarez: Intended to discontinue Sunday sales.
Vice Mayor Plummer: It doesn't mean we're going to do it, but it means we're
going to get their attention.
Mayor Suarez: OK, hopefully the drafting of that ordinance will be nice and
simple since it's an abolition. Yes, ma'am, you wanted to address PZ-14?
UNIDENTIFIED SPEAKER; Fifteen, if this is about...
Mayor Suarez: All right, we'll get to that in a second.
UNIDENTIFIED SPEAKER: Oh, OK.
Mayor Suarez: On PZ-14 then, we will simply give that instruction. Do we
need a motion, Mr. City Attorney?
Mr. Maxwell: I believe staff has that, but a motion would be fine.
Vice Mayor Plummer: I so move.
Mayor Suarez: So moved.
Commissioner Dawkins: Second.
Mayor Suarez: Seconded. Showing our intention to repeal, unless we hear a
good argument to the contrary. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-80
A MOTION INSTRUCTING THE ADMINISTRATION TO PREPARE A
PROPOSED FIRST READING ORDINANCE (TO BE CONSIDERED AT
THE 2/28/91 COMMISSION MEETING) REPEALING ORDINANCE
NO. 10772, WHICH HAD AUTHORIZED SUNDAY SALES BY
PACKAGE LIQUOR STORES.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: PZ-15.
Mr. Rodriguez: As a point of information, Mr. Mayor, I believe the one year
review for the distance between places that sell liquor is also coming up now.
I believe it's also in the meeting in February, so you might have to deal that
then.
Vice Mayor Plummer: Fine, we'll do them both at the same time.
Mayor Suarez: OK.
ill January 24, 1991
4
------------------------------------------------------------------------------
25. GRANT MAJOR USE SPECIAL PERMIT TO ALLAPATTAH/WYNWOOD COMMUNITY DEVELOP-
MENT CENTER, INC. TO ALLOW CONSTRUCTION AND OPERATION OF A DAY CARE
FACILITY IN ALLAPATTAH MINI -PARK (with provisos).
------------------------------------------------------------------------------
Mayor Suarez: PZ-15.
UNIDENTIFIED SPEAKER: Yes...
Mayor Suarez: This is the applicant is the City of Miami. What are we doing
here, Joe?
Mr. Joe McManus: Mr. Mayor, members of the Commission, you may recall
sometime ago you gave permission to the Allapattah Wynwood Community
Development Corporation to approach the state legislature and get a grant for
a daycare center at the Allapattah mini -park, which is located 1500 N.W. 16th
t Avenue. They were, in fact, successful. They now have a state grant. They
want to move ahead and construct a 5,000 square foot one-story building in the
Allapattah mini -park. I order to do that, one of the requirements of the PR
zoning district is a major use special permit which is issued by this
Commission. And we have the conditions for that major use permit. We're
prepared to recommend it, and to recommend this facility and the daycare
`?`: center in the Allapattah mini -park.
Vice Mayor Plummer: Is that not on a revocable permit?
Mr. McManus: Your permission formally, I believe, you have issued a revocable
permit. And as I understood it, Commissioner, that was largely to allow them
to go ahead and approach the state for the grant.
Vice Mayor Plummer: But I'm saying is, is it not now still on a revocable
permit, callable within 30-days?
Mayor Suarez: Yes.
Vice Mayor Plummer: I think it has to be.
Mayor Suarez: And it's not just because of the reason you gave, Joe.
Vice Mayor Plummer: To the City Attorney. Is that still the case now?
Mayor Suarez: It is because that is the only way we have found in five plus
years that I've been here and 21 years that J.L. has been here, of giving the
use of land, owned by the City, without competitive bidding, to...
Mr. McManus: You're right.
Mayor Suarez: Thank you. All right....
Vice Mayor Plummer: No, no, no, no. Wait, whoa, whoa. I want to hear from
City Attorney. Is that the case or not?
Mayor Suarez: Oh, yes, it's got to be.
Joel Maxwell, Esq.: I'm not familiar with the type permit issued there, but.
if there is a revocable permit there, it would still be in existence.
Vice Mayor Plummer: You're not listening to me, excuse me. let me give you
the scenario. It is a City park. They are going to build a daycare facility,
not operated by the City. It is my understanding the only way that they can
exist there is on a 30-day revocable permit. Is that correct?
Mr. Maxwell: I really couldn't answer that. The reason that we give
revocable permits...
Vice Mayor Plummer: Well, what other way could they exist there without going
to competitive bidding?
Mr. Maxwell: No, that's the only way.
112 January 24, 1991
Vice Mayor Plummer: That's the only way...
Mayor Suarez: Thank you.
Vice Mayor Plummer: ...so they're not going to competitive bidding.
Mr. Maxwell: So they must have a revocable permit.
Vice Mayor Plummer: All right...
Mayor Suarez: He's being an attorney. He's being careful, he hasn't looked
at the documents, he's not absolutely sure, but the rest of us know that's the
only way we can do it, so...
Vice Mayor Plummer: OK, now, let me make sure. Who is the builder of that?
Mr. McManus: It's the Allapattah Wynwood Community Development Corporation.
Vice Mayor Plummer: All right. Do we have an agreement with them that if we
call that permit within 30 days, that they will not fight us in litigation?
Mr. Maxwell: The question is to me, sir?
Vice Mayor Plummer: Whoever.
Mr. Maxwell: Under the terms... no, we cannot be sure they won't fight us,
but we have a reasonable... we're reasonably sure that we will prevail
probably.
Vice Mayor Plummer: That's not the point.
Mr. Maxwell: We don't know...
Vice Mayor Plummer: Would we not be smart to put that in as part of the
revocable permit?
Mayor Suarez: You have to have an additional clause that says, this is our
right to come in and take the land away from you with 30 days notice, and if
we exert that right, you cannot sue us in court. It doesn't...
Vice Mayor Plummer: No, no, no, that's not my concern.
Mayor Suarez: Or a separate agreement to that effect does not add anything to
it.
Vice Mayor Plummer: No, no, no, let me tell you where the problem is. My
concern is, they build a facility for $100,000. My understanding, on a 30 day
revocable permit, is we can call it and it belongs to us.
Mayor Suarez: Yes, theoretically we can take it back.
Vice Mayor Plummer: Ah, but Mr. Mayor, in the past what we have had is people
come in and say, oh, fine, you can take it, but we want our hundred thousand
dollars back.
Mayor Suarez: No payment of any improvements, no...
Vice Mayor Plummer: OK, I want that written into the contract.
Mayor Suarez: Clarify that.
Vice Mayor Plummer: OK?
Mayor Suarez: All we do is invoke that clause and all of a sudden, it is
ours.
Vice Mayor Plummer: 'That's why I'm trying to say that they agree today before
they get it, that they will not litigate...
Mayor Suarez: Yes, that scenario, building that scenario into the agreement
with them is not a bad idea.
113 January 24, 1991
L3
C3
Vice Mayor Plummer: ...nor will they expect any money from the City of
Miami...
Mayor Suarez: Right.
Vice Mayor Plummer: ...if we call the permit.
Mayor Suarez: You know, I think...
Vice Mayor Plummer: I want that written in and understood now, today, before
they get in. We take them out, and they, in fact...
Mayor Suarez: The improvements, by the way, I think, as fixtures on a
conditional use permit, become ours automatically the moment they're put on
the property, don't they?
Vice Mayor Plummer: All I'm asking is that that be put in writing and
understood from day one.
Mayor Suarez: Yes, let's tell them, let's tell them that. All right?
Mr. Maxwell: Yes, sir, it will be added.
Mr. Bessie Markus: OK? All right. My name...
Mayor Suarez: Now, having heard the legalities of this, and being assured
that the City in effect becomes the owner - and I'm pretty sure this is the
case - of these improvements, and certainly is the case that we can become the
owner at any time with a 30 day notice of revocation, and knowing that we're
going to put that into the agreement, if you have any problems with this
concept otherwise, please tell us. But that's quite a bit of assurance from
the City. I just wanted to tell you that.
Vice Mayor Plummer: Have we assured ourselves that this is a nonprofit....
Ms. Markus: Well, all right. My name is Bessie Markus.
Mayor Suarez: Miss Markus.
Ms. Markus: I live at 1452 N.W. 15th Avenue, just about two blocks from the
mini -park, which is located at 1500 N.W. 16th Avenue. In November, I wrote a
letter to City Hall stating my objections to permitting a structure to be put
in this mini -park, which is open free space. I pass by this mini -park very
frequently on my way to the grocery store, and in the afternoon, I see
youngsters enjoying themselves at the basketball court, having a real good
time. And then the park is divided into two parts. One part is the
basketball court, which is very, very popular, and the other part is this tot
court - you know, children equipment....
Mayor Suarez: Right, childrens' playground.
Ms. Markus: ...and we see the children there.
Mayor Suarez: Let me hold you right there, if I may.
Ms. Markus: Yes.
Mayor Suarez: Are we intending to, in any way, eliminate the basketball court
as part of this?
Ms. Pat Keller: Yes.
Ms. Markus: What was that?
Mr. McManus: I believe everything that is in the park would be pretty much
occupied by the daycare center.
Mayor Suarez: OK.
Mr. McManus: The park is only 12,000 square feet. This building is 5,000
square feet, plus there is parking for another seven cars. So you'd have the
additional paved area. I would...
114 January 24, 1991
Mayor Suarez: Are they not intending to maintain the use of the basketball
court and the childrens' playground there?
Mr. McManus: I don't believe so. No.
Ms. Markus: No. They wouldn't be able to.
Mayor Suarez: The children equipment?
Mr. McManus: Other than the outdoor equipment or play equipment associated
with the use of the daycare center.
Mayor Suarez: But, does it happen that they intend to use the children
playground and equipment and the basketball court or not?
Mr. McManus: No.
Mayor Suarez: I mean, they're going to remove baskets and things like that?
Mr. McManus: They'd have to in order to put the building in.
Mayor Suarez: That's why I'm asking.
Ms. Markus: They'd have to eliminate it, I guess. And it's a very lovely
place, it's the only open free space in this densely inhabited neighborhood.
And it's a delight to pass by. There are lovely trees, oak trees and pine
trees and it's a very delightful place. Now, what I cannot understand why
these people want this space when there are two vacant buildings that were
formerly daycare facilities...
Mayor Suarez: You have very simple... Bessie, it's free.
Ms. Markus: What?
Mayor Suarez: It's free, that's the simple answer.
Ms. Pat Keller: Well, yes, it's free land.
Mayor Suarez: Please, please, Miss Keller.
Ms. Markus: Oh, yes, it's free land.
Mayor Suarez: You're not on the mike. It's free.
Ms. Markus: Yes, yes. Anyhow, these two empty buildings were formerly
daycare centers under the supervision of Dade County, and supervised by the Y.
These buildings were set up for daycare centers. They are vacant, and I can
give you the addresses. One is at 1433 N.W. 13th Terrace, the other is 1445
N.W. 14th Terrace. The one at 13th Terrace is a big building surrounded by
very, very ample grounds. In fact, there's still some equipment there. Big
enough and large enough, expansive enough, to take in the parking and the
childrens' playground, and it has a big fence around it. It's on the corner,
and it's...
Mayor Suarez: The fact that there is private buildings in the neighborhood
that were used, or could be used for child care facility, is not really all
that relevant to this, because the whole point is unless you've got a way to
make those into a child care facility at substantially reduced cost to the
community, the idea of this is to make it almost, you know, to subsidize so
that people can take advantage of this, of child care. The fact that there
may be all kinds of private properties throughout the City where you could
theoretically do it if you had the money to acquire and fix them up and run
them, does not really speak to what we should be doing with this particular
mini -park.
Ms. Markus: Well, the people are providing the money to build, put a concrete
structure in...
Mayor Suarez: Yes, but then they charge large amounts for each child to go
there.
115 January 24, 1991
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Ms. Markus: These people can't... now, I'll tell you what, I...
Mayor Suarez: Presumably, in their case, they would have to charge under our
guidelines and so on, a very small amount. It's subsidized child care as
opposed to private.
Ms. Markus: Well, the money that they're going to use can be used... well,
maybe I don't understand the intricacies of this thing. Now, the money that's
going to be used for putting up the structure - now the other two buildings
have their equipped for use. They're equipped with utilities, they're in a
neighborhood where there is security...
Mayor Suarez: Are you talking about privately owned buildings?
Ms. Markus: What?
Mayor Suarez: Privately owned buildings in that area you're talking about?
Ms. Markus: I don't understand.
Mayor Suarez: Privately owned buildings? What buildings are you talking
about?
Ms. Markus: I don't know. Really, I don't know. I have to find out. I
know...
Mayor Suarez: But they're not ours - as far as you know, they don't belong to
the City of Miami.
Ms. Markus: Well, they were under Dade County auspices. Maybe they still
are, for all I know. I have to find that out.
Mayor Suarez: OK.
Ms. Markus: Now...
Mayor Suarez: All right.
'1 Ms. Markus: ...so here are these two wonderful - these buildings, ready to be
used. They are evidently equipped for day care centers, and they have the
utilities compared to what they'll have to pay for a new building with all,
-; and setting up all this necessary things, it seems ridiculous!
Mayor Suarez: And those buildings are now not being used for anything? Are
they boarded up, closed, or what?
Ms. Markus: No, they're not boarded up.
Mayor Suarez: No? -they're just closed? Empty?
Ms. Markus: They're closed. Yes, because I pass by. So here are two
facilities ready to be used, and have been used, and evidently they will be so
set up that there won't be too much to do. Now, here's another thing. In
this area, this Civic Center area, there are so many day care centers.
There's the YWCA at N.W. 17th Avenue and 23rd Street. There's the
International Day Care Center, 1550 N.W. 14th Street. The hospitals, Jackson,
Cedars, and Mailman day care centers...
Mayor Suarez: Day care centers in hospitals would presumably be for their
employees only, I would think.
Ms. Markus: For their employees.
Mayor Suarez: Yes.
Ms. Markus: However, and now there's a new one, the Cerebral Palsy has a new
building, the corner of 14th Street and 14th Avenue. I called up. It's for
handicapped children. I asked, and they said they will accept children who
are not handicapped. It's for both. And the telephone number is 328-1080 in
case anybody is interested. Now, Lindsey Hopkins has a large day care center
and a training center for preparing individuals to do day care work. Now
here's all these things. Why they need to spend all that money, especially at
116 January 24, 1991
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these days when everybody is trying to get rid of turkeys, to spend all that
money when here you have everything ready - and I cannot understand it.
Mayor Suarez: Well, the comparison is not all that valid, because we don't
know how much it would cost to use the buildings you're talking about on a per
square foot basis, but anyhow it's interesting that they were other child care
facilities in the area that have been closed down. And you haven't been able
to tell us who operated - I mean, you've told us who operated them, but you
haven't been able to tell us who owned them.
Ms. Markus: Well, I'll try and find out.
Mayor Suarez: Yes, that will be helpful. Does the City have at least a
general census or an idea that, in fact, this child care facility is needed
and there's a high demand for it?
Commissioner Dawkins: Affordable day care center is needed everywhere.
Commissioner Alonso: Of course.
Mayor Suarez: I guess...
Mr. McManus: Why don't we let the people who are actually going to be running
the facility...
Mayor Suarez: I think, as Commissioner Dawkins said, that we're all going to
take sort of notice of the fact. In fact, the mayors of the large cities of
the United States have called for affordable day care to be a right, an
entitlement. Something that everybody should be able to have on an affordable
basis. What you're talking about is private day care, and that's obviously -
I think it runs - well, we know the cost is...
Commissioner Alonso: When you read in the newspaper that children are dying
because they are left unattended, because the parents do not have enough money
to send them to a proper day care, you know there is tremendous need in our
community and definitely that area, Wynwood Allapattah, is in tremendous need.
Mayor Suarez: The Headstart program, for example, right now is serving 20
percent of the demand. OK, Miss Keller.
Ms. Pat Keller: My name is Pat Keller, 1437 N.W. 13th Terrace. To address,
Mr. Mayor, what you were saying about the hospitals only catering...
Mayor Suarez: I'm guessing, I'm guessing, I don't...
Ms. Keller: Yes, I know, but I want to answer your question for you. The
hospital is catering only to their employees. CP Center, Cerebral Palsy
Center, has a sign up there, anybody can bring their youngsters.
Mayor Suarez: Oh, I'm sure that center would be for everybody who has it.
Ms. Keller: Anybody can bring their youngsters there. We're pointing out
that we - while many people need care for their children, when you already
have two buildings built, and the proposal is, and I'm really quite surprised
at the Planning Department, because we worked very, very hard with them to get
this park in the first place, and we now have these two empty buildings that
have been used up until six months ago as nurseries, and to take and take our
park, I find it hard to believe. At any rate, we got this land through
Community Development monies. This is one of the few things we were ever
given in the Civic Center area with Community Development monies. Most of it
went very generously to 23rd Street and to the business areas, but this was
the one thing we got was our little mini -park. And the park consists of the
basketball court and a tot lot, and outdoor picnic tables. It's a small park.
We got the land, we arranged the sale and the neighbors got together with the
Planning Department and we designed that park. And we improved upon it, and
'. it's just amazing that's the one open space that we have in the whole area.
Mayor Suarez: When was all that done? When was that park outfitted as you
have stated? -and obtained with the Community Development block grant monies.
Mr. McManus: That was probably in the period - and Miss Keller can correct
me - in the period probably from about 1976 to 1980, probably around 1980.
117 January 24, 1991
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Ms. Keller: Yes, I guess so. Yes.
Mayor Suarez: Because at some point, there must have been some planning
determination that this made just as good a sense, if not more, for child care
than for just a mini -park as it's presently being used.
Mr. McManus: Well, the Parks Department, as you know, has had increasing
problems in maintaining the smaller size parks and prefer to concentrate on
the larger sized parks.
Mayor Suarez: This is part of the old divestiture program. Is it a fair
statement to say that we have a tough time maintaining this park in good
condition?
Mr. McManus: Yes, sir.
Ms. Keller: You know, my friends in the Planning Department - and really, my
good friends - in the first place, the park is amazingly designed, beautifully
designed. We did it ourselves. Not we - with the assistance of the Planning
Department, the neighbors - so many of us were involved in it. And it's so
ingeniously designed there's just about nothing that has to be done to that
park. Is the present plan for the park there? Is the present... do you have
the present plan for the park?
Vice Mayor Plummer: The design of the building?
Ms. Keller: No, the present... well, I'll tell you, the present plan, the
basketball court...
Mayor Suarez: You mean what exists there now?
Ms. Keller: There is nothing you have to do to a basketball court. There's
no grass.
Vice Mayor Plummer: The plans I looked at, there's nothing else but the
buildings.
Ms. Keller: We designed it so it has mulch. No grass inside the park in
itself. So people can come and eat their lunch. There's nothing to cut,
nothing to do to the park whatsoever. If the men are going out there and
supposedly maintaining the park, and if they tell you that they're spending
any time there, I'm going to have to ask them what they're going to do, what
they did with the mulch and what they did with the basketball court. Because
there's nothing to be done. The park, above all, it's the last stand of oak
trees we have in the area. If you're familiar with the oak trees in
Allapattah, they just don't happen very often, and it's like a miniature
cathedral of oak trees over the open space. The only reason we got this CD
money - I just don't feel I have... I guess they want to discuss something
else here.
Mayor Suarez: No, no, we're discussing precisely what you....
Ms. Keller: Yes, that's all right. Go ahead and discuss it and then I'll go
on.
Mayor Suarez: Are you finished, Miss Keller?
Ms. Keller: No, I hadn't finished. You go ahead and...
Mayor Suarez: Well finish, Miss Keller.
Ms. Keller: No, you go ahead, because I think he's making an important point
to you.
Mayor Suarez: No, ma'am, no ma'am, you're going to get it. You're going to
get a limited amount of time to speak and then we're going to make our
decisions. You're not going to run these meetings for us. Now, you finish
your statement, otherwise we're going to give you whatever the Code provides,
which is two minutes, under the law. We've given you more than two minutes,
so you finish your statement, and then you'll be completed....
118 January 24, 1991
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Ms. Keller: You'll have to excuse me, Mr. Mayor, I don't know what...
Mayor Suarez: ...and we're going to make a decision, Miss Keller.
Ms. Keller: ...I don't know what the belligerence is about, but I'm going to
continue, if I may.
Mayor Suarez: The belligerence is you're trying to run these meetings. You
complete your statement, and then we'll vote. All right?
Ms. Keller: I'll go on with my statement. At any rate, the Civic Center in
the immediate area of the Civic Center, when we got the Community Development
monies, there were hundreds of thousands of dollars spent on the basketball
court and the picnic tables, the swings, and the slides. And the preservation
of the last stand of oaks, above all. That was...
Mayor Suarez: OK, on that issue, if I may interrupt you, on the oaks, what
does the plan call for in terms of preserving the oaks?
is
Mr. Jose Vila: Hello, my name is Jose Vila...
Mayor Suarez: Wait, maybe staff can answer it, because then we'll have to
swear you in. We haven't even sworn them in.
Mr. Rodriguez: Based on the map that we have, all the oaks, except for one
that was at the entrance of the parking, were preserved.
Mayor Suarez: All the oaks, except for the one at the entrance will be
preserved. How about that one? Can that one be replaced, re...
Mr. Vila: It was recommended by the planning to...
Mayor Suarez: Is that also going to be placed somewhere else?
Mr. Vila: Yes, of course.
Mr. Rodriguez: Yes, we will...
Mayor Suarez: We want to preserve the oak trees...
Mr. Rodriguez: We'll preserve that one that is to be removed and move to
another place.
Mayor Suarez: ...so that is one less concern.
Ms. Keller: To take and even take down one of those oak trees, which is
basically illegal in the City of Miami, is just practically unthinkable. But,
at any rate, I audited the use of the park. I went in there in the morning and
there were tots there, and amazingly, there are a number of kids' nursery in
the area, and they will come and bring their children to the park just for a
change of scene - get the kids away from the nursery.
Mayor Suarez: OK, let me ask a question about that, if I may. What
3 provisions are made so that there is general public use of the, what she
called the tot lot, which is an interesting phrase and descriptive one, for
people other than those being served by the child care center? Are they going
to be excluded from that?
Vice Mayor Plummer: There will be nothing left with this building.
Mayor Suarez: There will be nothing left there basically of that?
Mr. Rodriguez: There's nothing left, no.
Vice Mayor Plummer: This building takes up the entire parcel.
Mayor Suarez: OK, will the general public have access to the use of the
building for other events? I mean, I presume we're not giving up total use of
the square footage there.
Mr. Rodriguez: The building is built by them, by the people that receives the
revocable permit, and they will be using the building all the time. I mean...
119 January 24, 1991
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Vice Mayor Plummer: You mean we can't hold a meeting there if we want?
Mayor Suarez: We could hold meetings, and the community could request the use
of that facility. It remains a public facility, a public park.
Mr. Rodriguez: We can incorporate that if you so desire as part of the
conditions.
Mayor Suarez: Absolutely. All right. I guess we can't have the
childrens'.... what's going to happen to the childrens' equipment? -is it just
going to be destroyed, thrown away, or discarded?
Mr. Vila: No, the... can I be sworn in?
Mayor Suarez: All right, let's do something since we're going to try to get
answers on this. Why don't you swear Miss Keller and the gentleman,
whatever... sir.
Mr. Vila: My name is Jose Vila, I reside at 9341 S.W. 145th Place, Miami.
Mayor Suarez: OK, why don't we swear both of you in so we can continue taking
this testimony.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK, what about that? What are you going to do with that
equipment?
Mr. Vila: The playground equipment that exists right now, we're planning to
move it from the area because the area that is located now will be used by the
parking spaces. We are planning to relocate it to the other end of the
property.
Mayor Suarez: It will still be there.
Mr. Vila: It will be better for us because we won't waste any money buying
new equipment.
Mayor Suarez: It will still be there.
Mr. Vila: Yes.
Mayor Suarez: The oak trees will still be there.
Mr. Vila: The oak trees will be there, the tot lot will be there.
Mayor Suarez: The childrens' playground will still be there.
Mr. Vila: Yes, sir.
Mayor Suarez: The basketball court very...
Mr. Vila: Unfortunately not.
Mayor Suarez: ...close to my heart will be lost. All right.
Mr. Rodriguez: Mr. Mayor...
Vice Mayor Plummer: But let's make sure that we understand. That's going to
be open to the public as well.
Mr. Vila: OK, it can be open to the public, but it would have to be on the
condition that it be open to the public after 6:00 p.m. which is the time that
the kids will be leaving the school. So you can have any meetings at 7:00
o'clock, let's say, if you would like to. Or in the weekends, if you want.
But, as long as the children...
Mayor Suarez: Would you prevent a child that is not participating in the
program from using that playground during the regular working... I don't see
why you would.
120 January 24, 1991
4 0
Mr. Rodriguez: It's up to them. What they're going to give you as an answer,
but I could see some reason why not.
Vice Mayor Plummer: No, it's up to us.
Mr. Rodriguez: Well, I can see...
Ms. Keller: There are 80 children...
Mayor Suarez: I would think it would be up to us, not up to them.
Mr. Vila: Well, we just don't...
Mr. Rodriguez: Some reasons...
Mr. Vila: We have a fence. We will be locating a fence, so we don't want
like teenagers coming in and jumping there and playing in the playground.
Also, we don't mind small children...
Mayor Suarez: I presume we're talking about kids of the same age. You know,
if it's a tot lot, as Miss Keller defined it, or described it, it would be for
tots.
Mr. Vila: But right now, when you to go there physically, you don't see any
toddlers there. All you see are teenagers.
Mayor Suarez: I gather that. Maybe the teenagers you're referring to use the
basketball courts and the facility generally.
Mr. Rodriguez: Mr. Mayor, if they assumed the liability for that, of course
we don't have any problems.
Mayor Suarez: Sure, I figure you were going to come up with insurance, as
always. All right.
Vice Mayor Plummer: Let me delineate, for the record.
Mayor Suarez: Yes.
Vice Mayor Plummer: The public use of that facility at no charge will be
always available when not being used by the day care center. Is that correct?
Mr. Vila: Public facility for meetings and...
Vice Mayor Plummer: For whatever the...
Mayor Suarez: Whatever proper uses make sense.
Vice Mayor Plummer: Public use.
Mayor Suarez: You've got to accept that. I mean, that's not a matter of your
discretion. That's our discretion.
Mr. Vila: OK, if you... if we must accept it, we'll accept it.
Vice Mayor Plummer: The only clause that I would want to put in is what we
have on our own day care situation. And that is - how many children will this
facility accommodate?
Mr. Vila: From 95 to 100 children. Which is a target area in Dade County
child development center.
Vice Mayor Plummer: All right, I would want the same provision that we impose
upon ourselves that City of Miami residents have a priority.
Mr. Vila: Definitely.
Mayor Suarez: And no one can be excluded by the very definition of it. I
mean, if the waiting lists are of people who qualify for your program, they're
from the neighborhood, as Vice Mayor Plummer says, from the City of Miami, on
a first call basis, then it should be for the public welfare of the kids of
121 January 24, 1991
s
that area. All right? And a more supervised fashion than is now being used.
That's the only difference, really.
Mr. Rodriguez: Mr. Mayor...
Vice Mayor Plummer: Well, we oppose the same regulation on ourselves in our
day care that City of Miami children have first priority.
Mayor Suarez: How much is it going to cost the individual family?
Mr. Vila: The individual family...
Mayor Suarez: Right, the individual child.
Mr. Vila: ...on a weekly basis. It will be from $55 to $65 a week.
Mr. Rodriguez: Mr. Mayor, in...
Ms. Keller: The YMCA charged thirty-eight...
Mayor Suarez: Please, please, please...
Mr. Rodriguez: In relation to the one oak tree that we're talking about
relocating into another part of the lot, I would like also some discretion
that if we can see that tree, because it's very large cannot be moved
properly, that there will be some kind of other mitigation that will be
approved by the Planning Department as to landscaping.
Mayor Suarez: I leave the entire thing up to your discretion. Fifty-five to
sixty-five dollars a week sounds very much outside the reach of a lot of the
people in that neighborhood.
Mr. Vila: OK, this area... the project that we're working on, we're trying to
get money from title 20, once it's built, the day care.
Mayor Suarez: And you're not going to make this into a private facility.
You've got to figure out a way to have funds to run it as described by
Commissioner Dawkins, as an affordable day care facility, subsidized and made
available to people who cannot pay $55 to $65 a week.
Commissioner Alonso: According to their means.
Mayor Suarez: Sure.
Mr. Vila: Well, the people, the main people in the target area that are there
right now, will be people which are project independents, child at risk, all
those children will be the primary target for that area there.
Mayor Suarez: So what would a person that's eligible for those programs, a
child typically pay the program. Anything at all on a...
Mr. Vila: The child doesn't pay anything.
Mayor Suarez: OK.
Mr. Vila: The parent doesn't pay anything. The government will pay for
everything.
Mayor Suarez: All right, that's why when I asked I meant, you know, what
about the children paying and their parents, not what it costs your program.
Mr. Vila: Not the parents, the parents will - no.
Ms. Markus: May I say something?
Mayor Suarez: Anything further? Miss Keller.
Ms. Markus: Yes, the...
Mayor Suarez: And then we'll go to you for a final comment, Miss Markus. Go
ahead, Miss Keller.
122 January 24, 1991
Ms. Markus: The Dade County...
Mayor Suarez: Wait, wait...
Ms. Markus: Oh...
Mayor Suarez: ...I want to make sure we're finished with Miss Keller.
Ms. Markus: OK.
Mayor Suarez: Not literally, but just as to her comments today.
Ms. Keller: You know for these people so generously to allow the kids to come
in this park, you have a 12,000 square foot park, you're putting a 5,000
square foot building which is the size of a ten unit apartment house, and then
you're putting in the car parking spaces, and there are precious few, eight
parking spaces, for a building of that size is, I don't even think it's legal.
Is that legal, Mr. McManus? Eight parking spaces? Well, at any rate, when
you get through with all of that, you don't have any park left, so I'm afraid
that our youngsters...
j Mayor Suarez: Yes, we're kind of essentially changing the use of the facility
to child care, although it's still located in what has been up to now a mini -
park. All right, anything further?
ids Vice Mayor Plummer: I have a question.
Ms. Keller: I was explaining that in the morning the tots come from the kids
j nurseries, and the parents bring the tots. By noon time, you have the workers
coming there from the Civic Center to eat their lunch. There is no open space
in the Civic Center. After lunch time, you have the youngsters coming, the
tots again from the neighborhood, and by 3:00 p.m. you have the youngsters
coming, the teenagers, after school because there is no place for them to go.
There are many low income people here in this area. Many housing projects
were put up in this area and especially you have black families, lower income
families. They enjoy knowing their kids are safe, that they're in that mini -
park, and they're not running the streets and out in the streets. The
proposed plan on a pint sized lot is not consistent with the neighborhood
Comprehensive Plan. The very plan that was used by the Community Development
Department out of Washington that said that we need open space, and we finally
a got precious little open space in the 16,000 square feet. The nurseries
already set up in the area, two of them that we know of...
Mayor Suarez: You said that already, Miss Keller, wrap up, please.
Ms. Keller: We want to point out that we address the fact that this building
is going to cost $310,000 to start with and then God knows how much to
continue it. That $310,000 could certainly go to better use than use our open
space.
Mayor Suarez: Tell that to the State of Florida, which will be funding it.
We don't pay for that. All right?
Ms. Keller: Well then, they could certainly do better than to spend $310,000
to pave over our mini -park. The...
Mayor Suarez: Very ingeniously, they're located in Tallahassee, so that our
citizens can't be travelling back and forth.
Ms. Keller: Well, our mini -park... you know, Mr. Mayor...
Mayor Suarez: Final comment, final comment, Miss Keller, please.
Ms. Keller: Mr. Mayor, you don't know what we went through to get that. You
don't know how lacking we are in open space, and I don't see that the parks
are being taken in any other area. I'm just wondering if I can go home and
look at these kids who are playing basketball every night there and tell them,
your park, your basketball court is going to be gone. And I fear the way
these kids are going to behave. It's so important to them to have that
basketball court. I would like to know where the impact statement is. Now
the agenda says that there is hardly any impact in the area. The impact is
serious. Loss of open space is serious, and it is important to us.
123 January 24, 1991
Mayor Suarez: OK, thank you. Last remark from Miss Markus. Bessie.
Ms. Markus: Yes.
Mayor Suarez: If you have anything that has not been already stated, please.
Ms. Markus: No, all I want to say is that when the Dade County had the
auspices over these, it was $38, that's what the people paid, and...
Ms. Keller: For day care.
Ms. Markus: Yes, for day care...
Mayor Suarez: We hope that this will end up being free, because it will be
all subsidized, but...
Ms. Keller: They had free slots too.
Mr. Vila: Yes, sir, it will be all subsidized by the state.
Mayor Suarez: Thirty-eight dollars...
Ms. Keller: They had free slots too.
Mayor Suarez: Nobody asked you.
Ms. Keller: Did you hear that? They had free slots at the YMCA.
Mayor Suarez: All these will be free, hopefully, because they will all be for
targeted citizens in that community that cannot afford to pay anything.
Mr. Vila: Low income families.
Ms. Keller: Three hundred and ten thousand dollars.
Mayor Suarez: Please, we don't need to get into an argument. It was thirty-
eight at one time, probably up to fifty-five...
Ms. Keller: To pave over...
Mayor Suarez: ...just by inflation. You're out of order. Which is not
unexpected. Yes, I know how you feel, Miss Keller.
Ms. Keller: ...in my life.
Mayor Suarez: But, unfortunately for you, I run these meetings, not you.
So...
Vice Mayor Plummer: Have you received your check from the State of Florida?
Mr. Vila: Yes, sir.
Ms. Keller: I think you're just plain grouchy myself. You're discourteous
1 too!
Vice Mayor Plummer: And how much?
Mayor Suarez: Miss Keller! It won't be the first or last time we had
somebody removed from these chambers.
Ms. Keller: Well, you better throw me out. Are you going to throw me out
now?
Mr. Vila; Right now, $75,000.
Mayor Suarez: You bet your life we're going to throw you out.
Vice Mayor Plummer: Huh?
Mr. Vila: Right now we have in our possession $75,000. It will be in a
quarterly... excuse me.
124 January 24, 1991
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Vice Mayor Plummer: What is the total grant from the State of Florida?
Mr. Vila: $300,000 we'll be receiving.
Vice Mayor Plummer: Three hundred thousand. You're anticipating...
f
Mr. Vila: From the state we already received a hundred and fifty.
1
Vice Mayor Plummer: Do you have any other access to grants?
Mayor Suarez: If she tries that one more time, she's out of here. Escort her
out.
!� Mr. Vila: Dade County, a hundred and sixty-seven thousand dollars.
Vice Mayor Plummer: One sixty-seven for construction?
r
Mr. Vila: From the block grant, yes.
Vice Mayor Plummer: OK, and you're anticipating 5,000 square feet.
>;I Mr. Vila: Yes, sir.
Vice Mayor Plummer: And you will build 5,000 square feet and furnish it for
? $467,000.
,F Mr. Vila: No. Three hundred and seventeen thousand dollars.
Vice Mayor Plummer: Three seventeen?
Mr. Vila: Yes, sir.
Vice Mayor Plummer: About $60 a square foot?
Mr. Vila: No, because you have... the construction will be $45 to $50 a
square foot. The remaining money goes to furnishing and supplies.
Vice Mayor Plummer: OK. Do you not have to furnish an audit to the State of
Florida every year for the monies that you receive?
Mr. Vila: Yes, you have to do an auditing every year, yes.
Vice Mayor Plummer: OK, the only thing I would ask...
Mr. Vila: It's required by HRS (Human Rehabilitation Services), yes.
Vice Mayor Plummer: ...only thing I would ask it is, that is part of it that
a copy be made to the City of Miami.
Mr. Vila: Definitely.
Vice Mayor Plummer: I'm not asking you to do an audit, but a copy.
Mr. Vila: No, no, we want to.
Vice Mayor Plummer: OK. Mr. Mayor, let me just review my provisions. First,
that it would be open to public use when not being used by the day care
facility. Second, that City residents would have first priority. Third, a
copy of the audit would be made available that they present to the State of
Florida. And, of course, needless to say, it would be on a 30 day revocable
3 permit, written into the contract that if for whatever reasons the City calls
the contract, that they will not contest it in court, and that they will make
it readily available to the City upon request.
Mayor Suarez: OK...
Vice Mayor Plummer; If that is the...
Mayor Suarez: With those reservations and qualifications and conditions, are
you moving the item?
f 125 January 24, 1991
Vice Mayor Plummer: I'll be happy to move it, sir.
Mayor Suarez: So moved.
Commissioner Alonso: Yes, I second.
Mayor Suarez: Seconded. Any discussion? I guess my only question is, what
happens if ultimately you're not able to operate this facility having built
it? I guess...
Vice Mayor Plummer: Well, OK, you want to put a provision in there that they
must draw a building permit within "X" number of days? -or months?
Mr. Rodriguez: You have a provision already.
Mr. Vila% We've been waiting for this to get it.
Vice Mayor Plummer: Huh?
Commissioner Alonso: No, that's not exactly what he's saying. He's saying,
the property is built and...
Mr. Rodriguez: I believe you have a provision already.
Mayor Suarez: I guess I answered my own question by saying we will have a
very nice community center there, built for us by you if, indeed, you're not
able to get this program off the ground.
Commissioner Alonso: And we will have many people willing to...
Vice Mayor Plummer: They have to pull a building permit within how many days?
How much?
Mayor Suarez: We'll have many people interested in using it as a community
center.
Mr. Rodriguez: No, the only thing that...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Rodriguez: The only thing he said, you have - the major use permit has a
life of two years.
Vice Mayor Plummer: The what has a...?
Mr. Rodriguez: Major use permit, which is what we're doing.
Vice Mayor Plummer: Yes?
Mr. Rodriguez: So, after two years, it will expire if they haven't built
anything.
Vice Mayor Plummer: No, no, no, no.
Mr. Rodriguez: You can apply for the condition if you want to of building
permit.
Vice Mayor Plummer: I'll add another provision that they must pull a building
permit within - what's reasonable? -six months? -one year? One year.
Mayor Suarez: As we...
Vice Mayor Plummer: That's reasonable.
Mayor Suarez: ..inventory the City properties, such as this, that we feel
could be put to better use in some other alternative, I would also hope that
we would look at sites such as the one Miss Markus and Miss Keller mentioned
nearby, even if they're privately owned, to see if maybe there just isn't so
much - so many structures in an area where something could not be more easily
acquired and fixed up than the expenditure you're putting into it. I mean...
Mr. Vila: And the time too.
126 January 24, 1991
Mayor Suarez: ...think of $300,000 spent to fix one of the facilities that
they were mentioning. I presume that the - you know, that the calculation
will still comes out that this ends up being a lot less expensive, but it is
public property and we are restricting access in some way. And who knows that
maybe some of those buildings in fact are such that they can be used at very
low per square foot cost. OK, we have a motion and a second. Any discussion?
If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-81
A RESOLUTION, WITH ATTACHMENT, APPROVING A MAJOR USE
SPECIAL PERMIT WITH CONDITIONS, AS AMENDED, PURSUANT
TO ARTICLE 17, ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR
THE ALLAPATTAH CHILD CARE CENTER PROJECT TO BE LOCATED
AT APPROXIMATELY 1500-38 NORTHWEST 16TH AVENUE
(ALLAPATTAH MINI -PARK; MORE PARTICULARLY DESCRIBED
HEREIN), TO BE COMPRISED OF A NONPROFIT CHILD CARE
FACILITY FOR AREA RESIDENTS, WITH CAPACITY FOR 80
CHILDREN AND MAXIMUM OF 5,000 SQUARE FEET OF BUILDING
AREA ON ONE LEVEL AND INCLUDING A PARKING AREA
COMPRISED OF EIGHT PARKING SPACES AND A DROP-OFF AREA;
ESTABLISHING AN EXPIRATION DATE; MAKING FINDINGS;
DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION
TO THE DEVELOPER; PROVIDING THAT THE MAJOR USE SPECIAL
PERMIT SHALL BE BINDING ON THE APPLICANT AND
SUCCESSORS IN INTEREST; PROVIDING FOR RELIANCE ON THE
APPLICATION AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Vila: Thank you very much.
127 January 24, 1991
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26. APPOINT INDIVIDUALS TO SERVE ON THE PLANNING ADVISORY BOARD (Appointed
were: Carlos J. Arboleya, Jr., Wilfredo Gort, Quinton L. Hedgepeth &
Pedro Alicio Lopez).
Mayor Suarez: Sixteen, Planning Advisory Board.
Vice Mayor Plummer: Whose appointments are they?
Commissioner Dawkins: All of them, I think.
Commissioner Alonso: De Yurre, Plummer, Alonso.
Mr. Guilermo Olmedillo: You have - yes.
Vice Mayor Plummer: Ohhhhhhhhh.
Commissioner Dawkins: OK, I am...
Vice Mayor Plummer: I've got what?
Commissioner Alonso: I'm ready to make mine.
Mr. Rodriguez: And Commissioner Plummer has two, Commissioner Alonso have
one, and Commissioner De Yurre have one.
Vice Mayor Plummer: Which are my two?
Commissioner Dawkins: On what now? On what board?
Vice Mayor Plummer: Planning Advisory.
Commissioner Alonso: Planning Advisory.
Mayor Suarez: Planning Advisory.
Commissioner Alonso: Planning.
Mayor Suarez: Planning Advisory Board.
Vice Mayor Plummer: Whose my two there presently? -Willie Gort is one?
Mr. Rodriguez: Willie Gort is yours.
Vice Mayor Plummer: Right.
Mr. Rodriguez: And I guess, no... you only have one, I'm sorry.
Vice Mayor Plummer: I only have one?
Mr. Rodriguez: Right.
Vice Mayor Plummer: Are you sure?
Mr. Rodriguez: Well, let me check again, but I think you have one.
Commissioner Alonso: No, according to the records, it shows that Commissioner
Plummer has two appointments for the Planning Advisory Board.
Mr. Rodriguez: According to the resolution here, you have two.
Vice Mayor Plummer: Who are the two that are up?
Mr. Rodriguez: You have... the four that are up are Arboleya, Jr., Gort,
Pedro Alicio Lopez, and Herb Simon.
Commissioner Dawkins: Herb Simon is Miller Dawkins'.
128 January 24, 1991
1
Vice Mayor Plummer: OK, my question again... wait a minute, can Carlos
Arboleya serve...
Mr. Rodriguez: Jr.
Vice Mayor Plummer: ...as the head of the Code Enforcement Board and on the
Planning Advisory Board?
Commissioner De Yurre: Yes, he's been doing it for three years.
Vice Mayor Plummer: He's chairman of the Code Enforcement Board, isn't he?
Mr. Maxwell: Yes, I believe that question was put to the City Attorney's
office and the office rendered an opinion at that time that he could serve on
both...
Vice Mayor Plummer: He could serve on both. OK.
Mr. Maxwell: I believe that did....
Vice Mayor Plummer: OK. I know Willie Gort is one of mine. Who's the other
one that I have on there?
Mr. Rodriguez: Somebody is researching this because the resolution says that
you have the other one, which I thought it was Simon.
Commissioner Dawkins: Herb Simon. I put Herb Simon on and I'm putting
Hedgepeth in his place. Quinton Hedgepeth.
Mayor Suarez: As a view determination, who has appointments to be made?
While you research the historical...
Commissioner Alonso: Well, I'm ready to make mine. For the Planning Advisory
Board, I will reappoint Pedro Lopez.
Mayor Suarez: OK, Pedro Lopez, Commissioner Alonso...
Mr. Rodriguez: OK.
Mayor Suarez: ...Mr. - how do you pronounce the last name again?
Commissioner Dawkins: Quinton Hedgepeth.
Mr. Rodriguez: Mr. Mayor...
Mayor Suarez: Hedgepeth.
Commissioner Dawkins: ...Simon.
Mayor Suarez: Commissioner Dawkins.
Mr. Rodriguez: Mr. Mayor, let me try to clarify because they gave me
information. Apparently, the resolution is not correct. But let me tell you
the way it was worded out. At present, the appointment by Commissioner
Plummer was Willie Gort.
Vice Mayor Plummer: ...but this one's not up yet.
Mr. Rodriguez: Commissioner Dawkins was Herb Simon. Commissioner De Yurre is
Carlos Arboleya, Jr., and Commissioner Alonso, that was previously made by
Commissioner Kennedy, was Pedro Alicio Lopez. That's for the Planning Board.
So, each one of them has an appointment.
Mayor Suarez: All right, we've got the two nominations by Commissioner
Alonso, Commissioner Dawkins. If any of the other two have their nominations
fine. If not, we'll take those two and vote on them.
Commissioner De Yurre: I'll reappoint Carlos Arboleya, Jr.
Mayor Suarez: OK, we've got three nominations. We only need one from Vice
Mayor Plummer.
129 January 24, 1991
Vice Mayor Plummer: Well, needless to say, I want Willie Gort there.
Commissioner Dawkins: Well, all right then, say it in English.
Vice Mayor Plummer: So I reappoint him.
Mayor Suarez: All right, so moved as to all four of those.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Commissioner Dawkins: The only one not being reappointed is Simon and
Hedgepeth is going in his place.
Mayor Suarez: All right.
Commissioner Dawkins: Quinton L. Hedgepeth.
Mr. Rodriguez: Oh, Hedgepeth, OK.
Mayor Suarez: H-E-D-G-E-P-E-T-H.
Commissioner De Yurre: He lives in the City?
Mayor Suarez: Quite a name, all right. So moved as to all of those.
Vice Mayor Plummer: Now, who was that last name proffered?
Commissioner Dawkins: Quinton.
Mr. Rodriguez: Hedgepeth.
Mayor Suarez: It's in our backup.
Vice Mayor Plummer: And it's for who? For your appointment?
Commissioner Dawkins: Herman L. Simon, my appointee.
Vice Mayor Plummer: All right, so Simon's coming off and this gentleman's
going on.
Commissioner Dawkins: Just as sure as his name is Simon.
Mayor Suarez: All right. Call the roll as to those nominees.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 91-82
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS ON THE PLANNING ADVISORY BOARD OF THE CITY
OF MIAMI$ FLORIDA, EACH TO SERVE A TERM ENDING
DECEMBER 31, 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
130 January 24, 1991
A
a
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27. APPOINT INDIVIDUALS TO SERVE ON THE ZONING BOARD (Appointed were:
Lorenzo Lorenzo Luaces, Manuel Alonso Poch, Rev. Ronald N. Fox and Olga
Perez Nodal).
Mayor Suarez: Zoning Board. Who do we have?
Commissioner Alonso: You have one.
Mr. Sergio Rodriguez: We have Mayor Suarez, one, which is...
Mayor Suarez: I reappoint Mr. Luaces. Nominate him.
Mr. Rodriguez: And then, Commissioner Dawkins has one.
Commissioner Dawkins: OK.
Mr. Rodriguez: Commissioner De Yurre has one.
Commissioner De Yurre: I'll reappoint Manuel Alonso-Poch.
Mr. Rodriguez: And Commissioner Alonso has one.
Commissioner Alonso: And I will...
Vice Mayor Plummer: None of mine expired?
Mr. Rodriguez: None of yours expires, zoning.
Commissioner Alonso: And I will appoint Olga Perez -Nodal.
Mayor Suarez: OK, as to those nominees...
Commissioner Dawkins: Now, I have a minor problem that the clerk and...
Mayor Suarez: We have to readvertise for yours.
Commissioner Dawkins: No, they said I don't, but I'm trying to see now, Mr.
Mayor.
Mayor Suarez: Is that Father Fox?
Commissioner Dawkins: Ever since Reverend Dunn resigned, I've been attempting
to appoint Father Fox for my appointee to the Zoning Board. Finally, we got
an application in, and then at that time, I asked them that he had to reapply
and I was told, no. Then when the package came out, Father Fox was not in it,
but I have is application here now. Now, is this - is it legal for me to put
him in or we got to readvertise?
Mr. Hirai: No, sir, we don't have to readvertise. You can appoint him.
Mayor Suarez: All right. So we've got all four appointees. Nominees. Moved
and seconded. Any discussion? If not, please call the roll.
Commissioner Dawkins: Ronald N. Fox.
Mayor Suarez: Ronald N. Fox.
Commissioner Dawkins: Priest of St. Agnes - whatever that church where Father
Gibson was.
Mayor Suarez: Christ Episcopal. Call the roll.
131 January 24, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-83
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE ZONING BOARD OF THE CITY OF MIAMI,
FLORIDA.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
28. DENY PROPOSED FIRST READING ORDINANCE AMENDING 10544 (MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN), FUTURE LAND USE MAP, WHICH WOULD HAVE
CHANGED DESIGNATION AT 3729-49 N.W. 24 AVENUE FROM MODERATE DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL (Applicants: Orlando & Delfina de los
Reyes).
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY
STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL
LETT$RS. TRANSLATIONS WERE MADE BY ASSISTANT CITY
MANAGER, SERGIO RODRIGUEZ.]
Mayor Suarez: PZ-18.
Mr. Guillermo Olmedillo: PZ-18 and PZ-19 are companion items and this is a
Comprehensive Plan amendment in the area around 36th Street, N.W., and you may
remember that Commissioner Alonso moved for your visit to the area. We had
recommend no change. The applicants have come to this Commission before. For
the record, Planning Advisory Board recommended approval of the change. The
Zoning Board recommended denial of the change.
Commissioner Dawkins: What reasons did the Planning Board give for denial?
Mr. Olmedillo: There was some discussion as to the land use change. Also,
the fact that the applicant was not present at the hearing, I believe had some
impact on their decision.
Commissioner Dawkins: Then the Planning Board had no technical reasons to
deny. They denied because nobody was present that they could see.
Mr. Olmedillo: If you go back to the minutes of the hearing, they said there
was a lack of interest by the applicant, but they went and met the technical
findings that they have to make which is that it is not consistent with the
Comprehensive Plan anyway. So, the technical requirements here, they are met
when you say it's not consistent with the Comprehensive Plan.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: Are the applicants here tonight?
132 January 24, 1991
Mayor Suarez: Is the applicant here on PZ-187
Mr. Olmedillo: Yes.
Mayor Suarez: OK, is there anybody is opposition to the application at PZ-187
Raising your hand, sir. Would you both please approach the mike and be sworn
in. Give us your name first.
Mr. Orlando de los Reyes: My name is Orlando de los Reyes.
Mayor Suarez: OK...
Mr. Reyes: I live...
Mayor Suarez: And, ma'am, are you going to speak for or against?
Ms. Veronica Timpson: Against.
Mayor Suarez: All right. Would you mind terribly, just so I keep track of
who's, who's here, being sworn in? Give us both your names. Put them on the
record, and be sworn in at the same time as the applicant.
Ms. Veronica Timpson: Veronica Timpson, 2395 N.W. 38th Street.
Mayor Suarez: Thank you. Sir.
Mr. Pedro Naranjo: Pedro Naranjo, 9870 S.W. 62nd Avenue.
Mayor Suarez: All right, would all please raise your right hand and be sworn
in by the City Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK, the applicant is the owner, Mr. Reyes.
Mr. Reyes: Yes.
Mayor Suarez: What do you want to tell us about this or can staff help him a
little bit? -where we are on this.
Mr. Reyes: I no speak too much in English.
Mayor Suarez: Don't speak too much English. Well, we have Mr. Rodriguez,
assuming you speak Spanish, he is great translating Spanish to English, so try
it.
Mr. Rodriguez: OK, sir, if you go slowly, I will help you.
Mayor Suarez: Try it in Spanish.
Commissioner Dawkins: Tell him to pull the mike to him too.
Mayor Suarez: See, in the court system, they pay interpreters to do this.
Here, we ask our Planning Director, in addition to all the other tasks, being
an Assistant City Manager, and second best dressed person at City Hall.
Mr. Rodriguez: That's a new one, that's good.
Mayor Suarez: There's Dr. Prieto, you remember. I mean... he used to be
first best dressed. All right, sir. Go ahead, try it in Spanish and he'll
translate for you.
TRANSLATION: PUEDE HABLAR EN ESPANOL Y EL LO TRADUCIRA.
Mr. Reyes: BUENO, NO, YO PEDIA PARA HACER ESO COMERCIAL, LO DE LA ESQUINA.
TRANSLATION: I want to do this property commercial in the corner.
Vice Mayor Plummer: Huh? What's different that what I got here?
Mr. Reyeas YA TENGO YA UN ANO Y MEDIO DE ESTAR EN ESTO Y SIEMPRE NO SE SI ME
LO VAN A DAR 0 QUE, ENTONCES YO QUIERO SABER.
133 January 24, 1991
TRANSLATION: I have been on this already for one and a half years, and I
don't really know yet if they're going to be approving it or not. I would
like to know
Vice Mayor Plummer: What does he want... he would like to know whether or not
we're going to approve it or disapprove it. Is that what he wants to know?
Mayor Suarez: That sure is what he wants to know.
Mr. Rodriguez: USTED QUIERE SABER SI SE LO VAN A APROBAR 0 A NEGAR?
Mr. Reyes: SI VAN A APROBAR 0 NO ME LO VAN A APROBAR.
TRANSLATION: He wants to know whether it will be approved or not.
Mayor Suarez: OK, since we're not getting a lot out of the applicant by way
of an argument, how about if you tell us first why the Planning Advisory Board
recommended approval, and why the Planning Department recommends denial. If
we get those two things on the record that might help us to formulate...
Mr. Olmedillo: The PAB felt that the land use, the liberal commercial land
use, was appropriate for the area. The Zoning Board felt that it wasn't
appropriate because the C-2 district will bring in things like car repair,
which may be detrimental to the residential activities which already are
located within the site, and one of the persons that are going to speak now is
an owner of the new building which is going up in the same area.
Commissioner Dawkins: Mr. Rodriguez. Mr. Rodriguez, somebody explain to him
what we're saying because, see, I mean, it's unfair for him to be standing
here and don't know what the heck we're saying.
Mayor Suarez: As you give that report, would you mind translating it into
Spanish, Mr. Rodriguez.
Mr. Rodriguez: I'm sorry. I believe that Mr. Olmedillo was saying...
Mayor Suarez: In Spanish. We heard it in English.
Vice Mayor Plummer: How about Chinese?
Mr. Rodriguez: EL SENOR OLMEDILLO ESTA DICIENDO QUE ESTE REPORTE... LA JUNTA
DE PLANIFICACION RECOMENDO A FAVOR PORQUE PENSABAN QUE NO HABIA NINGUN
PROBLEMA CON EL PROYECTO, Y LA JUNTA DE ZONIFICACION RECOMENDO EN CONTRA
' PORQUE PENSO QUE USTED ENTONCES IBA A TENER ALLI EL REPARO DE AUTOS, ET
CETERA, Y QUE IBA A TENER UN EFECTO NEGATIVO EN EL AREA.
Mr. Reyes: NO, NO, ES QUE YO LO QUE VOY A CONSTRUIR AHI... PARA CONSTRUIR UNA
NAVE YO, PARA TRABAJAR YO AHI.
TRANSLATION: What I would like to do is to build a warehouse or a storage
area so I can work inside that area.
Mayor Suarez: All right, how about, let's see, you gave us PAB and Planning
Department.
Mr. Olmedillo: And Zoning Board.
Mayor Suarez: What is the Planning Department's recommendation and why?
Mr. Olmedillo: We recommend denial.
Commissioner Alonso: Excuse me, Mr. Mayor...
Mayor Suarez: OK, I'm sorry, Commissioner Alonso.
Commissioner Alonso: ...what kind of a business? QUE TIPO DE NEGOCIO?
Mr. Rodriguez: QUE TIPO DE TRABAJO USTED TIENE?
Mr. Reyes: BUENO, YO TENGO, YO PONGO CERCAS, ENTONCES TENGO MIS CAMIONES ALLI
Y YO LOS REPARO ALLI. ESO ES TODO.
Mayor Suarez: OK, we got to put that on the record.
134 January 24, 1991
Mr. Rodriguez: He puts fences and he has his trucks over there that he
utilizes to put the fences and equipment.
Mayor Suarez: All right.
Mr. Rodriguez: I don't know if somebody asked whether you repair...
TRANSLATION: ALGUIEN PREGUNTO SI USTED REPARA LOS CAMIONES AHI TAMBIEN?
Mr. Reyes: No, no, no.
Mayor Suarez: Do you repair the automobiles there too? Let the record
reflect that's the question.
Mr. Rodriguez: LOS CAMIONES SUYOS DE REPARAR LAS CERCAS, LOS REPARA ALLI?
Mr. Reyes: LOS REPARO ALLI, SI. YO TENGO CUATRO CAMIONES Y CARROS Y LOS...
Mayor Suarez: And the answer is that he has four trucks and he does repair
them there.
Vice Mayor Plummer: Mr. Mayor...
Mr. Rodriguez: He has some trucks that repairs them. I have been told that
he went to the Code Enforcement Board, because there were some violations of
that nature. And the reason the whole thing has started.
Mayor Suarez: OK. Yes, Commissioner Plummer - Vice Mayor Plummer, I'm
inclined to hear from the opponents and then...
Vice Mayor Plummer: Well, I just wanted to bring to the attention...
Mayor Suarez: Please, go ahead.
Vice Mayor Plummer: ...of the Commission that item 19 is a companion and it
was denied by both the department and the Zoning Board. So, you can't address
18 without recognizing 18 is for full denial, where this one is only for
the...
Commissioner Dawkins: Nineteen is the full denial.
Mr. Rodriguez: Commissioner...
Vice Mayor Plummer: That's correct.
Mr. Rodriguez: ...that was addressed and I translated in Spanish to him.
Vice Mayor Plummer: Well, you didn't translate it for me.
Mr. Rodriguez: I'm sorry.
Mayor Suarez: Why would...
Mr. Rodriguez: I used Spanglish at that point.
Mayor Suarez: ...we get conflicting recommendations from PAB and Zoning
Board? It just happens.
Mr. Olmedillo: The issues are different. Land use is a more generic term.
When we go down to the zoning ordinance, the zoning ordinance is very specific
and it gives you a list of activities that you can undertake in the property.
So there may be differences.
Mr. Rodriguez: A very clear picture too of what might happen there, you know.
Mayor Suarez: A more specific... all right, sir. Senor. Sir, go ahead.
Mr. Naranjo: I will give the opportunity to the lady first.
Ms. Timpson: Thank you.
Mayor Suarez: Commissioner Alonso is tickled to death by that approach. She
wishes that we would do that equally up here.
135 January 24, 1991
Ms. Timpson: Veronica Timpson, 2395 N.W. 38th Street. The residential area
just to the north of the property in question, from where we are, it is a
residential area and we are directly across from the property in question.
And if he does what he wants to do, it's going to be an eyesore from where we
are. And our end of the neighborhood is very much well kept.
Mayor Suarez: Is her lot of up there? -her property? Can you see it on the
overhead? OK, very good. Do you feel the area is generally residential and
generally stable residential?
Ms. Timpson: It is residential, yes, it is.
Mayor Suarez: All right. Go ahead, sir.
Mr. Naranjo: Since we bought this... my name is Pedro Naranjo and I live at
9870 S.W. 62nd St. Since we bought this property, my wife and myself...
Mayor Suarez: Which is his property? Which is your property on the
overhead? -obviously not the address you gave us, but...
Mr. Naranjo: No.
Mayor Suarez: ...that's where you live. But what property do you own there?
Do you rent those? Are those for rent?
Mr. Naranjo: Yes, sir.
Mayor Suarez: OK, go ahead and come up to the mike. What is there? What
kind of structures are there?
Mr. Naranjo: Residential buildings. I have...
Mayor Suarez: Duplex? What?
Mr. Naranjo: There is one... there is 8 units of one story which are two lots
next to him. I have two lots that are empty right now that I bought and I
intend to - I have the plans almost ready for a six unit building for low
rental, for low income rental. I have a 12-unit building that is being
finished right now and will be completed in the next month that will be also
available for low income rental. I have another 8-unit building two blocks
over from..
Mayor Suarez: So you prefer he'd rent from you rather than...
Commissioner Dawkins: What is low income to you?
Mr. Naranjo: Well, low income...
Commissioner Dawkins: No, no, let me rephrase it, sir
be?
Mr. Naranjo: It will be $400, sir.
Commissioner Dawkins: Four hundred dollars a month.
Mr. Naranjo: Yes, two bedroom, one bath.
Commissioner Dawkins: For how many - what size unit?
Mr. Naranjo: Two bedroom, one bath.
Commissioner Dawkins: Two bedroom, one bath, $400.
Mr. Naranjo: Yes, sir.
Commissioner Dawkins: And that's low income.
Mr. Naranjo: Well, sir, if you refer to...
Commissioner Dawkins: No, no, no. That's your property.
What would your rent
136 January 24, 1991
Mr. Naranjo: Yes, well, let me explain.
Commissioner Dawkins: That's your property. I just asked for informational
purposes. I'm not trying to get you to change anything.
Mr. Naranjo: Sir, I pay to the government in taxes every year for the
property. For one of the 8 units, we're paying about six thousand and some
dollars a year for taxes.
Commissioner Dawkins: OK, now let me ask you one personal question. I don't
pay taxes. You're the only one pay taxes.
Mr. Naranjo: No, we all pay taxes. I'm just...
Commissioner Dawkins: OK, no, no, no, but see, from the way you're talking,
you're the only one that pay taxes. OK, I pay taxes too.
Mr. Naranjo: No, that was not my intention, sir. That was not my intention.
Vice Mayor Plummer: Boy, I wish that was true.
Mr. Naranjo: My intention was to compare the rent with the taxes. That was
all I was trying to bring to the point.
Commissioner Dawkins: OK. Thank you.
Mayor Suarez: All right. Sir, do you want to?...
Mr. Naranjo: Can I continue?
Mayor Suarez: Yes, please, go ahead, finish.
Mr. Naranjo: Right along the side of his lots, I have six units being
developed right now. The plans are almost finished, and we are going to start
very soon. If they put this kind of zoning right along the side of it, it is
going to be detrimental to the residential, and that's going to create... that
might create a problem. Yes, sir?
Commissioner Dawkins: You said you have twelve units, how many other units?
Mr. Naranjo: We have twelve units, we have eight units...
Commissioner Dawkins: Eight units.
Mr. Naranjo: ... and we are going to build six more units.
Commissioner Dawkins: Six more units.
Mr. Naranjo: Yes, sir.
Commissioner Dawkins: Six and four, eight, fourteen, sixteen, so that's
twenty-six units?
Mr. Naranjo: Yes, sir.
Commissioner Dawkins: And out of the twenty-six units, how many of them are
two bedrooms, and how many of them are more than two bedroom?
Mr. Naranjo: Well, most of them are two bedrooms.
Commissioner Dawkins: All of them?
Mr. Naranjo: But we bought one building that was eight units, and that was
six units of one bedroom, and two units that were efficiencies. So that's
something that we bought already like that. The ones that we are building are
all two bedroom units with one bath. We also own two more buildings on the
next block, two blocks away from there. Our intention was to improve the area
in this way, and we have accomplished that a lot, and that can be verified in
the field, and also in public works, and everything else. So you know, we are
trying to improve the area, and I think that we have gone very far with that.
Commissioner Dawkins: Thank you.
137 January 24, 1991
:1
Mayor Suarez: All right. Sir, last statement before we decide anything.
TRANSLATION: SU ULTIMA DECLARACION 0 ARGUMENTO.
Mr. de los Reyes: BUENO, NO HAY MAS NADA QUE DECIR. SI EL SENOR DICE QUE
NO... QUE LE VA A AFEAR LO QUE YO VOY A HALER.
TRANSLATION: I have nothing else to say. If the gentleman said that what I
am going to do is going to have a negative effect on the way it would look.
Commissioner Dawkins: OK. How many lots does he have?
Mr. Rodriguez: Who?
Commissioner Dawkins: This gentleman.
Mr. Rodriguez: CUANTOS LOTES USTED TIENE AHI?
Mayor Suarez: Well, if you have the answer, you don't have to ask him. We
are all in agree...
Mr. de los Reyes: YO TENGO CUATRO LOTES AHI.
Mr. Rodriguez: He has more. Four lots.
Commissioner Dawkins: Four lots. OK.
Mr. de los Reyes: LOS TRES DE LA ESQUINA Y UNO QUE QUEDA PARA ATRAS, PARA LA
VEINTITRES TAMBIEN.
TRANSLATION: He has three in the corner, and one behind.
Commissioner Dawkins: Tell him that I suggest that he gets with us, with the
City of Miami, and that he find the same financing that was found by everybody
else, and that he put him up some income property, that would bring him the
same income that the Fence Company might bring him.
Mayor Suarez: And maybe more.
Mr. Rodriguez: COMMISSIONER DAWKINS ESTA DICIENDO QUE USTED SE PONGA DE
ACUERDO CON LA CIUDAD DE MIAMI Y VENGA A VERNOS AQUI A VER SI HAY ALGUNA
MANERA DE QUE USTED PUEDA TENER ALGUN NEGOCIO QUE LE TRAIGA LA MISMA ENTRADA
QUE LA COMPANIA DE CERCAS LE IBA A TRAER, Y QUE POR ESO VENGA A HABLAR CON LA
ADMINISTRACION DE LA CIUDAD A VER SI PUEDE, DE ALGUNA MANERA, LLEGAR A TENER
ALGUN NEGOCIO.
Mayor Suarez: All right, Commissioners, what's your pleasure on the item?
Mr. Joel Maxwell: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Maxwell: Point of clarification.
Mayor Suarez: Counsellor.
Mr. Maxwell: The record should reflect that there was a coalition problem
detected after distribution of this item to you, and that the ordinance
presently in the packet for item 19, is not... for item 18, excuse me, is not
the correct ordinance. And I believe the correct ordinance which does not
substantively change the discussions herein, has been distributed to you.
Mayor Suarez: OK. That would assume that, that would create a problem if
somehow, this item would pass, presumably, if it doesn't, it's less of a
problem,
Mr. Maxwell: No, it was probably advertised...
Mayor Suarez: Either way?
Mr. Maxwell: ... so there is no public notice problem.
Mayor Suarez: All right. But we can take action on it either way? - deny or
approve?
138 January 24, 1991
Mr. Maxwell: Yes, sir.
Mayor Suarez: All right. I still think it's less of a problem if we deny it,
but anyhow. Any motions?
Vice Mayor Plummer: You want a motion? Motion to deny.
Mayor Suarez: Moved to deny. Is it seconded? Going one, do we have a
second? - going twice.
Commissioner Dawkins: You're moving to deny his request, J.L.?
Mayor Suarez: Right, the application.
Vice Mayor Plummer: Yes, sir.
Mayor Suarez: I'll second the motion to deny.
Vice Mayor Plummer: Let me under discussion, say that one of the main reasons
that I move to deny, I don't think it's in character with the neighborhood,
plus the fact, he doesn't live there. He only operates a business there. He
lives in the County.
Commissioner Dawkins: Hearing no further discussion... no further
editorializing, please. Call the roll, Madam Clerk.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-84
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE
AMENDING ORDINANCE 10544 FOR CHANGE OF LAND USE
DESIGNATION AT APPROXIMATELY 3729-3749 N.W. 24 AVENUE
FROM MODERATE DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL, ETC.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
I ABSENT: None.
139 January 24, 1991
29. DENY PROPOSED FIRST READING ORDINANCE AMENDING 11000 ATLAS, WHICH WOULD
HAVE CHANGED DESIGNATION AT 3729-49 N.W. 24 AVENUE FROM R-3 MULTI -FAMILY
MEDIUM DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL (Applicants:
Orlando & Delfina de los Reyes.)
Vice Mayor Plummer: Likewise on 19, since it's a companion item.
Mayor Suarez: So moved. Somebody second?
Commissioner Alonso: Yes, second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following motion was introduced by Vice Mayor Plummer, who moved its
adoption:
MOTION NO. 91-85
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE
AMENDING THE ZONING ATLAS AT APPROXIMATELY 3729-49
N.W. 24 AVENUE FROM R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Mr. Naranjo... Mr. Reyes, is making a lot of money with housing
in the area, maybe we ought to get with him and start a joint venture or
something over there.
Commissioner Alonso: That's right.
Mr. Rodriguez: Can I mention to the gentleman that the application was
denied? SU APLICACION FUE NEGADA.
140 January 24, 1991
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11
------------------------------------------------------------------------------
30. (A) DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCE AMENDING
10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN), FUTURE LAND USE
MAP BY CHANGING DESIGNATION AT 2557-2613 S.W. 1 STREET FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL (Continue to meeting
of February 28th) Applicants: Cruz & Cruz and William Randle).
(B) DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCE AMENDING
11000 ATLAS BY CHANGING DESIGNATION AT 2557-2613 S.W. 1 STREET
FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
(Continue to meeting of February 28th) (Applicants: Cruz & Cruz
and William Randle).
--------------------------------------------------------------------------
Mayor Suarez: PZ-20 related to PZ-21.
Mr. Olmedillo: The application for 20 is a comprehensive plan amendment. The
one for 21, is the zoning change. The Planning Department recommended denial.
3 The Planning Advisory Board recommended denial on a five to four vote, and the
Zoning Board recommended approval on an eight to zero vote. The applicant has
submitted a covenant which addresses the concerns that the Planning Department
expressed on the public hearing, and still, we are recommending the denial of
the application as originally filed.
Vice Mayor Plummer: Tell me if you will now, I know that the applicant of
Randle Eastern is on 27th Avenue in blue.
Mr. Olmedillo: Right.
Vice Mayor Plummer: I assume then, that Cruz & Cruz, is the applicant that
faces Flagler.
Mr. Olmedillo: On Flagler street.
Vice Mayor Plummer: OK. Now for my clarification. How many lots in the
yellow are for Randle, and how many in the yellow are for Cruz & Cruz?
Mr. Olmedillo: One for Randle, two for Cruz & Cruz.
Vice Mayor Plummer: One would be for... OK. Lot 16, would be for Randle, 17
and 18 would be for Cruz & Cruz.
Mr. Olmedillo: That is correct.
Vice Mayor Plummer: And this is a joint application, rather than two
individuals? - why?
Mr. Olmedillo: That is a joint application. Well, that is for the
representative of the applicant to explain.
Vice Mayor Plummer: I think he was trying to beat us out of fees, but we'll
find out. Oh, look who is here.
Mr. Robert H. Traurig: Hello, Commissioner.
Mayor Suarez: Give me the color scheme one time, real quick, counsel, before
you get into it.
Mr. Olmedillo: Yellow, is the subject of the application. Blue is...
Mayor Suarez: Why did somebody say that it fronts on Flagler?
Commissioner Alonso: Because it does.
Vice Mayor Plummer: The one applicant fronts... the two blue fronting on
Flagler...
Commissioner Alonso: The medical building.
Vice Mayor Plummer: ... the applicant of that, is the two yellow lots, 17 and
18. The applicant that faces 27th Avenue, is an applicant only for a change
of 16.
141 January 24, 1991
r
a
Mayor Suarez: I've got it.
Mr. Olmedillo: Blue is the same owner, property owned by the applicant.
Mayor Suarez: Oh, I see. You've figured out a color code to confuse us even
more.
Vice Mayor Plummer: Well the thing is a joint venture, here, as an
application, it was confusing. I don't ever remember one of these.
Commissioner Alonso: Do we have opposition?
Mayor Suarez: All right. Is all of this then going to be owned by a joint
venture, by an individual, by a group, or what?
Vice Mayor Plummer: No, individually.
Mr. Olmedillo: They retain title to their own separate properties, but the
application is filed together.
Mayor Suarez: And that's allowed?
Vice Mayor Plummer: And the application for the zoning that they are asking
for, is it primarily for parking, or is it to afford a building?
Mr. Olmedillo: To afford a building. The C-1 district, which is the
extension of the existing district will allow them to expand the building.
However, right now, what they have there, both properties have parking, except
for lot... the one to the east, there is a duplex building, right, today on
it.
Vice Mayor Plummer: OK.
Mayor Suarez: What is that structure there that you see it, the corner of
Flagler and 22nd? - or 27th?
Vice Mayor Plummer: That is now a funeral home, Mr. Mayor.
Commissioner Alonso: Yes.
Mr. Rodriguez: Plummer funeral...
Mayor Suarez: Is it competitive with his?
Vice Mayor Plummer: I have no competitors. There are others in the same
business, but no competitors.
Mr. Olmedillo: I haven't checked the prices yet.
Commissioner Alonso: He takes care of that.
Mayor Suarez: OK. Is there anyone...
Vice Mayor Plummer% If you want to make jokes about the fact that it formally
was a Denny's restaurant, and now a funeral home, I'll join in with you,
but...
Commissioner Alonso: Well, well, well.
Commissioner Dawkins: There are no affordable funerals at Plummer's funeral
home.
Commissioner Dawkins: Have it your way.
Mayor Suarez: Is there anyone that is against the application of PZ-20 and
21? Yea. OK, we are going to have speakers against, please swear in all of
you that intend to speak now. If you are organize into a group of where only
one will speak, then that person, please stand up, raise your right hand along
with counselor, and his principal, and be sworn in together if you would, just
to make it a little simpler for us. Thank you, Bob.
142
January 24, 1991
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: We hear from the applicant? Yes, anything else from the City?
Mr. Olmedillo: Just one comment. Notice that the application deletes the one
foot on the south, and the one foot on the east, so that the access cannot be
made. There is no access from the properties down to 1st Street, which is a
residential street.
Vice Mayor Plummer: You know, this was brought up, and I am only going to ask
for the reasons. When they put on here on the agenda that the attorney is
Lucia Dougherty, obviously that's not Lucia Dougherty. Now, is that?...
Mr. Olmedillo: Doesn't look like her.
Vice Mayor Plummer: God, she should be that ugly. No, I'm saying for
legalities when it was raised here before, and I understand Mr. Cardenas went
to another firm, but Mrs. Dougherty is of this same firm. Does it make any
difference legally on our agenda? Do we have to have the sign off, or
4 pianything?
Mr. Maxwell: No, sir.
Vice Mayor Plummer: If it's of the same firm?
(,r Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: OK, that's... I'm just asking for legalities.
Mayor Suarez: Thank you. The ugly attorney, Mr. Traurig, please proceed.
Vice Mayor Plummer: I'd rather have Lucia.
Mr. Traurig: Fortunately, Mrs. Dougherty is here, and you can call on her if
you would like. For the record, my name is Robert H. Traurig, I am an
attorney with offices at 1221 Brickell Avenue. I would like to make some
preliminary explanations with regard to the ownerships that you were talking
about on your map. This is the aerial photograph of the area which is the
subject of the hearing. This was the former restaurant on the corner. The
Randle property is the property at the corner of 1st Street and SW 27th
Avenue. There are three lots here which are the subject to this hearing, and
I'll explain the differences in a minute. One of the lots, this lot here, is
owned by Randle. The other two lots are owned by the Cruz family. So
therefore, there are two separate ownerships. The reason that they were
filed, to be honest with you, was that when the Cruz family which made the
original... had the original thought that this property should be rezoned
because of its benefit to the property that they owned on Flagler Street,
which was a clinic, asked for us to join in this application in view of the
fact, that we would have created a hiatus. And we agreed to that, and as a
matter of fact, as a result of that prior agreement, it solidified our plans
with regard to the future use of this property which includes not only the
lot, which is the subject of this hearing, but also the property which is the
property presently being utilized for the rental operation. This property
here is already the subject of a conditional use granted in 1967, twenty-three
years ago, for the parking of vehicles, so we are already using that in
conjunction with the Randle Eastern operation. With regard to your question
about saving filing fees, Commissioner, the filing fees, I believe, were
predicated on the square footage of the property, so there were no filing fees
saved, it was merely advantageous to consolidate the three lots into one
application, and that's why it was done in that manner. The applicants as I
indicated to you, are William Randle who is the owner of Randle Eastern
Ambulance, and he is the owner of the property at 2163 SW 1st Street, which is
the lot west of the wall, which is tied in to the property that fronts on 27th
Avenue. And Luis Cruz, senior and junior, who are the owners of the clinic on
Flagler Street, and they are represented by Adelaida Fernandez-Fraga, who was
standing next to me a few moments ago, and she is right here, and she will
make a separate presentation at the conclusion of my presentation. Their
property, for the purpose of this hearing, is the property at 2557 SW 1st
Street, but their property is really backing up to Flagler Street property
which they own, just as our property is backing up to 27th Avenue property.
You can see from your map that both of those parcels are currently zoned R-2.
143 January 24, 1991
We have two separate applications to be considered by you. One is the
application for modification of the comprehensive neighborhood plan to change
that from residential to the commercial designation. And the other is the
zoning application. I think it's important to understand the background on
the Randle property, and I'll only talk about the Randle property at this
point. The lot which is the subject of this hearing as I indicated to you,
when I was pointing it out, is presently being used for parking based on a
conditional use that was granted on December 16, 1967, twenty-three years ago.
It is a fifty foot lot, it's contiguous to and immediately east of the C-1
property that fronts on 27th Avenue, and our objective is to integrate that
lot with the other property owned and used by Randle Eastern, the C-1
property, to afford us the opportunity to redevelop this entire site. To give
us the opportunity to redevelop it with a three-story building, the first
story of which, would be for parking, and therefore, increase and enhance the
parking situation on this property, and make it a much more efficient
operation. Now, as I have said...
Vice Mayor Plummer: Where would that building be located? - to the front of
the property, or to the back of the property?
Mr. Traurig: It would primarily be located to what is now C-1, but it would
have to partially the property that has the conditional use, which
will be somewhere right here. So we are not in a position to build a new
building unless... may I repeat for the benefit of the record, since it may
not have picked up my voice. That the property which would be the area for
the footprint of the building, covers mostly the C-1 property, but probably
would extend partially into the property which is presently being used for the
parking area. So consequently, to unify these parcels with one zoning
designation so that we could have a three-story building similar to the
building immediately across the street, owned by Humana, being operated on the
south side of 1st Street at 27th Avenue, would create additional parking
spaces, alleviate the neighborhood parking conditions, and would be a much
more efficient operation as I indicated to you. It would have the grade level
parking, and two stories above.
Mayor Suarez: You said, efficient operation of what, exactly?
Vice Mayor Plummer: Ambulance service.
Mr. Traurig: Well, at the present time, because of the number of vehicles
that utilize this property, and because they are constantly on call, it is
important to have an adequate amount of on -site parking. You will hear from
our neighbors, that one of the problems in the neighborhood which is really
not caused by us, is that the street has too many strangers parking on it -
most of which come from the Miami High students. And I think that one of the
important things that we could accomplish through this, in addition to making
it a larger building with two stories of offices, with parking underneath, is
to create a better designed parking area, which will be more efficient for the
ingress and egress from this particular property. One of the primary
objectives is to build a larger structure, but the other primary objective is
to increase the parking, and that would be a benefit to both the neighborhood
and to the City itself. I think that you have to ask the question, and the
neighbors will ask the question as to whether the neighborhood would be
adversely affected by this, and we suggest to you that the answer, absolutely
no. The rezoning will not adversely affect the neighborhood. We have, as Mr.
Olmedillo indicated to you, given to the City, a covenant which we will
finalize between now and second reading, that provides for many benefits. One
is, prior to the issuance of any building permit, we'll submit a landscape
plan, and must obtain approval from the Planning Department of a landscape
plan with a five foot landscape buffer inside a wall on 1st Street, as to this
lot, and that would be a masonry wall. But we will go beyond that and agree
that the maintenance of the wall, and the landscaping would be continuous,
including the removal of graffiti from the wall, if it ever, you know, is
painted on the wall. Considering the fact that we are in the neighborhood of
a school, and there are a lot of young people who are passing this property,
we anticipate that there probably will be a graffiti problem. We are
committed to the removal of the graffiti, and keeping the wall clean. How are
we committed to it? We have agreed to post a letter of credit, or bond with
the City, which will reimburse the City if we haven't done it, up to the tune
of ten thousand dollars ($10,000) per annum, so that you can be sure that the
commitments made with regard to both the landscaping and the painting and the
wall maintenance, will be complied with. Also, we would provide that there
144 January 24, 1991
a �►
would be no direct vehicular ingress or ingress to or from this lot, to or
from 1st Street, so that you would be assured that we are not going to
exacerbate the present situation on 1st Street. There would be no access
point on to this lot from 1st Street. We would commit that the building
height would be limited to three stories total, one of which would really be
the parking at grades so that we are talking about two stories of structure,
and one story of parking. We would commit that the architecture would be in
general conformity with neighborhood architecture, which really means similar
in style to the property to the south, which is already a three-story
building, as I indicated is Humana. We have agreed to use limitations that
they be no automo... if you're zoning to C-1, you want to be sure that it is
not used for uses that would be deleterious to the character of the
neighborhood, or the living conditions in the residential portions of the
neighborhood. We'd agree that there would be no automotive repairs, there
would be no entertainment places, there would be no bars, and pubs, or
taverns, or private clubs, and any other reasonable use limitations that this
Commission feels ought to be imposed in order to give adequate protection to
the neighborhood. We don't have any intention to use this property for
anything in the foreseeable future, which means for the next fifty years,
except for Randle Eastern ambulance, which is such a vital service to this
community. But in addition to that, as a result of concerns raised by
neighbors at the public hearing, we have agreed to add to our covenant, and we
hereby commit to no sirens, no horns, no lighting, until we get into the
external arterial streets, which are 27th Avenue and Flagler, so that they,
who have been concerned about what's been happening on 1st Street, need to
have that concern no longer, because to protect the residents on 1st Street,
we would agree not to have the horns, and the sirens, and the lights until the
vehicles have pulled away from that general area. In addition, as has
indicated by Mr. Olmedillo, there was a question as to whether or not granting
of this application might have adverse effect upon the zoning on the south
side of 1st Street. You've been concerned on 23rd Terrace, and 23rd Street.
Mayor Suarez: Where would that be? - south side of 1st Street, meaning, some
of those other red dotted lots there?
Mr. Traurig: The south side of 1st Street...
Mayor Suarez: That looks to me like the north side. OK, now, we are talking
about the south side. All right.
Mr. Traurig: We would agree that on our side of the street, we would leave a
one foot strip of residential property, so that nobody can claim in the future
that the property has been rezoned up to the center line, let say, of 1st
Street, and that therefore, they could go to the south side of the street, and
try to rezone it for commercial purposes. We want to prevent the spill over,
or extension of the commercial zoning.
Mayor Suarez: Why does it look... what is that C-1 up there mean?
Mr. Traurig: That's Flagler Street.
Mr. Olmedillo: C-1 is a commercial district.
Mayor Suarez: And where does the R-2 begin then?
Mr. Olmedillo: R-2 begins on the heavy line.
Mayor Suarez: One lot away from the two principle streets? - from Flagler and
27th?
Mr. Olmedillo: Right.
Mayor Suarez: You have to be a real cartographer, I think is the word, map
reader or something to understand these cartographers. Thank you, Mr.
4
Maxwell.
Commissioner Alonso: Of being able to remember your campaign of 85, and your
headquarter.
i
Mayor Suarez: To understand these... really. Yes, either that, or remember
where I put my campaign headquarters some elections ago...
145 January 24, 1991
1 • •
Commissioner Alonso: Eighty-five.
Mayor Suarez: ... to understand these maps.
Vice Mayor Plummer: You've had so many headquarters, we don't know where they
are.
Commissioner Alonso: That one was there.
Vice Mayor Plummer: Where?
Commissioner Alonso: In Flagler, right next to the Cruz.
Mayor Suarez: Some of them are now funerals.
Vice Mayor Plummer: The Denny's?
Commissioner Alonso: Yes, it was next to the building of the Cruz.
Vice Mayor Plummer: You had one there, yes.
Commissioner Alonso: Next to that, yes.
Vice Mayor Plummer: So what's the problem?
Commissioner Alonso: The location.
Mayor Suarez: I was trying to understand the map and Commissioner Alonso, was
helpfully suggesting that I remember where my headquarters was.
Vice Mayor Plummer: You creditors do.
Vice Mayor Plummer: But as soon as you walked in, the talk turned to funeral
homes.
Vice Mayor Plummer: Well, two dead issues.
Commissioner Alonso: You know that location is quite well.
Mayor Suarez: Two dead issues. You know it really, really, really is hard to
read that. C-1 has got a circle around it that seems to indicate that all of
that is C-1, but I gather isn't, because I gather the circle refers to...
Commissioner Alonso: That's the radius of...
Mr. Olmedillo: Three -seventy-five feet around the subject property.
Mayor Suarez: ... the three hundred and seventy-five feet, and you are very
good at doing that with your finger, but it doesn't really help us all that
much to look at these maps.
Mr. Traurig: By way of further explanation, the C-1 goes to the depth of the
lots that front on 27th Avenue and Flagler Street, and the other lots were all
the R-2 lots.
r�
Mayor Suarez: OK. Anything further, counselor?
Mr. Traurig: Yes, air. Based on the covenant, and the withdrawal of that
south one feet from the application, we submit that we don't affect what the
4
planning fact sheet talks about as the existing homogeneous neighborhood. We
�}
can't. The use is virtually the same. We are going to continue to use the
`
property in conjunction with Randle Eastern. The wall, the landscaping, the
retention of the residential zoning on the south one foot, and the mere
integration with the property that's contiguous to us on the west, which is
F
the C-1, Randle Eastern property, totally avoids and precludes any adverse
's
affect upon that residential neighborhood. And that the contemplated
x
improvements actually upgrade the neighborhood, don't degrade the
neighborhood; they improve the neighborhood, because we are changing an old
building built twenty -some odd years ago into a new building with more parking
4
within the site, and upgrading of the landscaping. The parking already exists
j
pursuant to that conditional use, and the zoning change will merely enhance
1;
the parking. Now I must tell you that at the zoning hearing, Mr. Keys, who is
146 January 24, 1991
I:.i
here tonight, who is one of our neighbors spoke eloquently and effectively
regarding the concerns that the neighborhood has primarily because of the
parking, and the noise, and the graffiti, and the debris created by the
students of Miami High, and their habits, and their conduct, and their
misconduct. And we acknowledge that such conduct is of great concern to our
neighbors, but it's an issue that we can't control, or for which we aren't
responsible, and for which we shouldn't be held hostage. The new zoning won't
add one vehicle trip to SW 1st Street. We won't have access to this lot from
SW 1st Street, and we won't impact the traffic on the street. The opposition
is primarily concerned about the traffic on 1st Street, and we have recognized
their peace and quiet by adding to our covenant the language regarding the
horns, and the sirens, and the lights. But the change in zoning doesn't
result in any increase in uses, or vehicles, or traffic from us, merely the
beneficial redevelopment of our site. And I believe if you ask Mr. Olmedillo
whether or not his prior concerns have been satisfied through the covenant,
through our proffer, through the changes that have been made, including the
south one feet, I think that he would recognized that we have satisfied those
concerns. Mrs. Fernandez-Fraga, will speak to you now about the other
property. We urge that you give special consideration to each portion of the
application individually, based on the individual characteristics and merits
of each. Each portion will require two separate considerations by you, one
relating to the comprehensive neighborhood plan, the other the zoning. We
hope you can support them. From our standpoint, they are absolutely essential
to the continuation of a good important business, serving the general
community of the City of Miami, which is the Randle Eastern Ambulance
business. It's a firm which has provided the service for well over two
decades, and now need your support to be able to enhance the service. It is
true that when they moved there, the community was smaller, and the problems
were less. The problems that have resulted from the growth of the community
are trying to be met by them at the present time through a better quality of
service, and a better physical location, and plant, and we urge you to support
them to permit them to do this. Thank you very much.
Commissioner De Yurre: Bob, let me ask you something. With reference to the
wall...
Mr. Traurig: Yes.
Commissioner De Yurre: ... and the graffiti that you were alluding to a
moment ago, is it possible to build a... grow a hedge on the back, so that the
wall isn't exposed to graffiti or any of that kind of situation?
Vice Mayor Plummer: How about both?
Commissioner De Yurre: Well, the wall, but I am talking about the hedge
protecting the wall.
Commissioner Alonso: Protecting the wall.
Mr. Traurig: Matty keeps reminding me that I am not speaking into the mike.
The answer is yes. We could set the wall back and put landscaping on the
outside of the wall, if that's what you would like us to do.
Commissioner De Yurre: I think that would prevent you know, the wall being
exposed to graffiti and things of that nature.
-i Mr. Traurig: Well it's called to my attention, that the wall is there, but to
extent that we can put landscaping, we will commit to do it, including a vine
i if we can't put trees, or bushes. We will meet that request, sir.
Commissioner De Yurre: OK, thank you.
Mayor Suarez: OK, the opposition. The joint applicant.
Mr. Traurig: Ms. Fernandez-Fraga.
Ms. Adelaida Fernandez-Fraga: Thank you.
Mayor Suarez: Yes, to the extent that you can avoid being repetitive, I think
we've got...
147 January 24, 1991
Ms. Fernandez-Fraga: Well to the extent that our concerns, or the Planning
Department concerns, and the Zoning Department.
Commissioner Dawkins: Pull the mike to you.
Mayor Suarez: Yes, just get a little closer.
Ms. Fernandez-Fraga: I'm sorry. To the extent that the concerns of the
Planning and the Zoning Board are similar for this property, and for Mr.
Cruz's property... Dr. Cruz's property are the same as Randle Eastern. We
have proffered the same time of covenant, and also deleted not only the south
half of lot 17 and 18, but also the west one foot, the south one foot, and the
west one foot of lot 18, to create that same kind of buffer to prevent the
concerns about the domino possibility of rezoning.
Vice Mayor Plummer: West or east?
Mr. Olmedillo: East.
Vice Mayor Plummer: You said west, you meant east?
Ms. Fernandez-Fraga: -I'm sorry, yes. The east one foot of lot 18. To the
extent that they are different, since Mr. Traurig explained to you why Randle
Eastern wanted their piece rezoned, let me do the same with Dr. Cruz. They
own a three-story building on Flagler Street. They have had since 1968, or
the owners of the building then, had since 1968, the same type of conditional
use parking on lot 17, that served that building. They are, like all of the
businesses that do well in that area, they have a clinic there, they have more
patients than they have space for. What they want to do, what they
contemplate doing, and the only thing they contemplate doing on these lots, is
to convert the duplex use currently on lot 18, to administrative offices to
serve the clinic, in order to be able to use the currently used administrative
offices to see patients at the clinic. The rest of lot 18, and lot 17, will
be... lot 17, is currently paved for parking, the rest of lot 18, will be
paved concurrently. All will be surrounded by a wall in order to separate it
from the neighborhood, and ingress and egress will not be permitted on to SW
1st Street. To the extent that cars now leave lot 17 from lst Street, we are
actually eliminating considerable amount of automotive traffic from 1st
Street, by taking it out on to Flagler Street. Part of the concerns that the
Planning Department had originally, was that I could not make that offer when
we spoke to them, mainly because the third story building... the three-story
building existing on Flagler now, has a second story that goes from lot line
to lot line. The driveway for egress on... ingress off from Flagler, is a 14
foot wide driveway that will not permit both ingress and egress. In order to
be able to proffer this covenant, we have had to acquire the right to do so on
the other lot to the east on Flagler. Otherwise we would have people crashing
into one another on the driveway currently existing. The building was built
in the mid 60's I would imagine. The Zoning permitted that then. With
regards to the prior neighbors concerns, with regards to traffic and
pedestrian traffic particularly, from the High School, apparently the high
schoolers tend to walk down 1st Street and cut across on to Flagler. Having
given them... treating their concerns, it would appear that they would agree
that a concrete wall, placed along the south boarder of this property, would
divert, or perhaps, instead of having them cut across our property which they
currently do now, they would instead go from the High School directly to
Flagler, and walk up Flagler, rather than opting to walk up 1st Street. There
was a concern that they proffered with regards to the litter, the trash, they
go out to the cafeteria. To the extent that they will not be permitted to
cross from 1st Street because of the existence of a concrete wall, they will
have to divert all the way around, it would seem shorter for them to take
Flagler. In other words, the convenience of the pass -through, will be gone.
The same concerns with regards to the graffiti on the wall, et cetera exist
with regards to our covenant.
Mayor Suarez: You're counting on the fact that they vote yet.
Ms. Fernandez-Fraga: I'm sorry.
Mayor Suarez: That they are not eighteen yet, for the most part, and they
don't vote, so you are prohibiting their passage through as kids are want to
do and indeed is kind of an advisable thing to do.
148 January 24, 199i
01
0
Ms. Fernandez-Fraga: Well, I had asked the neighbor whether they though I
would be creating a larger problem actually, because it occurred to me that
perhaps...
Mayor Suarez: I wouldn't be surprised if you were.
Ms. Fernandez-Fraga: ... if... since we are permitting them to cut across our
lot, whether or not we wouldn't be creating a larger problem on the other
side.
Mayor Suarez: Anyhow, I'm kidding a little bit, because I sure as heck
wouldn't make my decision on this matter, based on whether the kids cross
across your property, or have to go around, or anything like that.
Ms. Fernandez-Fraga: Well, it was their option.
Mayor Suarez: It's not their property. What the citizens are concerned about
basically, is that you're intruding into a residential neighborhood with
commercial. I don't see how to solve that.
Ms. Fernandez-Fraga: Well, Mayor Suarez, there exists and has existed for a
great many years, the acknowledgment by the City of Miami, that all of these
lots on the south side here, lot 17 all the way out to 25th Avenue, have an
SD-12 overlay for conditional parking use. Lot 16 and 17, have been used for
that for over twenty years. I would have no reason to believe that had 18
been applied for, that that SD-12 overlay recommendation by the Zoning
Department, would not also apply.
Mayor Suarez: I was going to ask, why that conditional use was there, and I
guess it's because of the overlay. It's been in effect, how many years?
Mr. Olmedillo: The conditional use was issued many years ago under 6871. The
SD-12 is one that we did beginning of last year under the new zoning
ordinance, which was in fact, maintained in the same use that they have in the
property.
Commissioner Alonso: Could you clarify for me. You mentioned lot 18, it's
the last one next to the residential area. The last one, yes. What are you
going to have there, parking?
Vice Mayor Plummer: You've got to use the hand held mike. They are going to
put a professional administrative building in there.
Ms. Fernandez-Fraga: The existing duplex structure, which is there now, will
be remodeled...
Commissioner Alonso: Yes.
Ms. Fernandez-Fraga: ... in order to accommodate the administrative offices
of the clinic. The rest of the lot will be paved with the proper landscaping,
with a five foot buffer on the east side, all of the appropriate lighting, et
cetera, required by the City, all of it will be enclosed. No egress or
ingress on to 1st Street.
Commissioner Alonso: Right now, it's used as a duplex?
Ms. Fernandez-Fraga: Right now...
Commissioner Alonso: Is it rented, vacant, what?
Ms. Fernandez-Fraga: It was rented in December that I know of. There was
someone in the bottom story. I do not believe the top story is habitable.
Commissioner Alonso: Duplex.
Ms. Fernandez-Fraga: It is not a premise in good condition.
Commissioner Alonso: Now, according to that picture, all of the cars, are
those cars all that I see there, is a parking lot, what you have there in the
middle next to the duplex?
Ms. Fernandez-Fraga: What you see there, are cars parking...
149 January 24, 1991
Commissioner Alonso: Is that a legal parking side?
Vice Mayor Plummer: Yes, it's conditional use.
Ms. Fernandez-Fraga: This paved section is, these are not.
Commissioner Alonso: You mean then that the one that has 16 and 17 are the
ones who got the special permit?
Ms. Fernandez-Fraga: Let me go back a step and explain that Dr. Cruz only
acquired this property about a year ago. This has not been a use for this
property at all. It was used as a duplex before then by the existing owner
who sold to Dr. Cruz. The parking situation is at a premium everywhere, and
unfortunately, since there is a driveway there and no one is there to stop
them, they do take the... the patrons of the clinic take advantage of it.
Commissioner Alonso: So actually, they are parking in 17 and 18, but it's not
necessarily a legal side, but it is used as parking.
Ms. Fernandez-Fraga: Eighteen is in effect. As you see, I can't deny the
picture.
Commissioner Alonso: It's very eloquent.
Ms. Fernandez-Fraga: It is not encouraged by our client, but it is also not
fenced off.
Commissioner Alonso: The one who has the special permit is lot 16?
Ms. Fernandez-Fraga: Sixteen and seventeen, both have conditional use
permits.
Commissioner Alonso: Sixteen and seventeen.
Mr. Olmedillo: Right, they do have.
Ms. Fernandez-Fraga: And have had since the late sixties.
Mr. Rodriguez: The one in the middle that you see the cars in larger quantity
is seventeen as you know, and that is correct. Then as you go...
Commissioner Alonso: And I see it in 16...
Ms. Fernandez-Fraga: Sixteen is this on.
Mr. Rodriguez: Well, 16 is correct too. Eighteen is the one that is further
to the east.
Commissioner Alonso: Excuse me, in 18, the last one to the east.
Mr. Rodriguez: And that's a duplex, yes. And that one is not allowed.
Mayor Suarez: What indication do we have with the wisdom of that particular
special permit going way back to twenty years ago? What was the reason for
it?
Vice Mayor Plummer: To allow them to stay in business.
Mr. Olmedillo: The conditional uses were issued to alleviate the parking
needs for the commercially zoned properties in front of the streets.
Mayor Suarez: Was the area any more stable, or any less stable,
residentially, at the time than it is now?
Mr. Olmedillo: The construction there dates back more than twenty years, so
it's presumable that the same type of houses were there twenty, thirty years
ago.
Mayor Suarez: OK. Anything further? If not, we will hear from the
opposition. You've reserved a little bit of time for rebuttal. Go ahead,
sir.
150 January 24, 1991
Mr. Tom Heid: My name is Tom Heid, and I live at 2512 SW 1st Street. First
of all, before it slips my mind, I just like to... incidentally, I have lived
in that neighborhood all my life, right on 1st Street and 2512.
Mayor Suarez: Can you show us the lot up there, Guillermo, as long as he is
telling us...
Mr. Heid: Beg you pardon?
Vice Mayor Plummer: One of them in red.
Mayor Suarez: Go ahead, he is going to show where you live.
Mr. Heid: Oh. Yes, the second one from the corner there. And I am very
familiar with the neighborhood. I lived at that particular location for the
last fifty-two years. The point that Mr. Traurig made regarding the problem
of the parking on SW 1st Street, between 25th and 27th Avenue, was caused by
students from the high school, Miami Senior High School. As I mentioned, it's
not so much caused... as I'd like to mention, it's not so much caused by the
students as it is by the employees of Randle Eastern. I am retired, I walk
around the area quite frequently, I see them from my front porch, and they are
very easily distinguishable, because they wear the uniforms. Quite often when
they don't have the uniforms on, they bring their kit, whatever their change
of clothes, or whatever, and then come back later and pick up their clothes or
whatever they pick up from their car, and put them into the ambulance. During
this time, on this narrow street, the ambulance is sitting parallel to their
personal vehicles while they are exchanging whatever they exchange from
vehicle to ambulance, or vice versa.
Mayor Suarez: Which is illegal.
Mr. Heid: I beg you pardon?
Mayor Suarez: Which is illegal for them to do. It's illegal for them to do
that.
Mr. Heid: Well, I would presume it is illegal, yes.
Mayor Suarez: You bet your life.
Mr. Heid: And during this time, which sometimes takes as much as... well I
won't exaggerate, I'll be very conservative, five minutes, and during this
whole time, the motor is running, and the exhaust is you know, coming into the
area.
Mayor Suarez: Which is a nuisance.
Mr. Heid: I beg you pardon?
Mayor Suarez: Which is a nuisance. I mean they have that going on in
addition to it being illegal if you are talking about them double parking it
on the street like that.
Mr. Heid: Well, if I may, the other evening as I walked by there, I took a
couple of pictures which I would like to show you at this time, and I think it
will explain to you more in detail, the point I want to make. If you will
notice there, these vehicles are parked across the sidewalk, not parallel with
the sidewalk, but across the sidewalk for an area from 27th Avenue on the
north side of SW 1st Street, to the end of the Randle Eastern property and
beyond. Now on the Cruz property, they...
Mayor Suarez: Do you think that the... if they are granted what they are
requesting today, that the parking situation would become better, or worse?
Couldn't become much worse?
Mr. Heid: There is no doubt in my mind that if you rezone a residential piece
of property to a commercial piece of property, that there is going to be more
traffic there.
Mayor Suarez: Well if their operation was somehow to be maintained at the
same level, but they all of a sudden have more space for parking, then...
15l January 24, 1991
0
inside the premises, then one could assume that there would be less
automobiles parked across the sidewalk like those that you've got in the
pictures.
Commissioner Alonso: We can put "no parking" signs.
Mr. Heid: There is no space for parking with inside the wall, because...
Mayor Suarez: Well maybe I misunderstood. Isn't part of the concept to have
more space for parking with the new zoning.
Mr. Olmedillo: The parking is there.
Mayor Suarez: They are not amplifying that in any way?
Mr. Rodriguez: They could, but remember in zoning, they are also allowed to
put other uses besides parking. They could put a building.
Mayor Suarez: So there is no assurance that the parking situation will
improve. All right.
Mr. Heid: I can...
Commissioner Alonso: But isn't the covenant restrictive as what they are
going to offer to us?
Mr. Rodriguez: I believe the covenant restricts certain uses, but not all the
uses. There will be... I have to read it again to make sure, but they will
allow them to build certain uses over there, and they will voluntarily proffer
that certain uses will not be allowed. But it's not in reality to eliminate
the use of the property for any building.
Commissioner Alonso: Can the wording be changed to say, "only these uses will
be allowed."
Mr. Olmedillo: It's a voluntary covenant.
Commissioner Alonso: Of course.
Mr. Rodriguez: But again, I think actually, the lady was mentioning that...
the lawyer, that they were planning to have an office in the duplex, the
administrative, so they were planning to put a use in the property, yes. And
that will be allowed if the zoning is changed.
Commissioner Alonso: But it could be limited only to certain use, or
limitations? She mentioned office to help the building that they have in
Flagler, so it will be limited use with say, limitations... they have a
clinic, right?
Mr. Rodriguez: They could proffer...
Commissioner Alonso: What do they have in Flagler?
Mr. Rodriguez: They could proffer a covenant to say that they will use the
existing structure only for this type of use, and they would not build any
further beyond that - I mean, if they want to do it.
Commissioner Alonso: That is a solution if we wanted to go that way.
Mr. Heid: As far as improving or making parking more available, on the
Eastern Randle property, it's my opinion, and as I say, I am very familiar
with the area, most of the time, the entire area... I don't know what Mr.
TraurigIs... whether it showed, because I couldn't see it, it's mostly
ambulances packed like sardines side by side. If you put... there is not
enough parking there now obviously for the employees to park in there, and as
I... the pictures depicted there, there is even a sign there "no parking
anytime," and you can clearly see they are parked. And like I say, the
residents in the area, cannot walk on the sidewalk, they have to walk out in
the street in order to get where they are going in that area. So, I maintain
that it is not necessarily the students from the high school, although they
park there also, they are probably less distinguishable because they don't
have the Eastern ambulance uniforms on. Mr. Traurig also made specific point
152 January 24, 1991
that there would be no ingress or egress from the one exit on SW 1st Street,
on the north side of SW 1st Street. It's difficult for me to comprehend why
just recently, they built a wall there and left two openings. One from... if
it's not on the residential area, residential lot, it's right adjacent to it,
and that's the area where the vehicles come in and out a good bit of the time.
f'
Now, my concern is that as they still have the other exit on 1st Street, on
the commercially zoned lot. They also have an exit on SW 27th Avenue, and I
cannot understand why when they have this exit on SW 27th Avenue, they still
have their ambulances coming down SW 1st Street through the residential area,
j:
and instead of utilizing... which is a very narrow, as I said before, two-way
street, many times one-way if they are parked parallel there, whereas 27th
i
Avenue is a major arterial road which they should have no problem coming in
and out on. The same situation applies to lot 18 that's owned by the clinic.
Vehicles come in and out on SW 1st Street constantly, and as Mrs. Fraga
mentioned, they have a parking lot... well it's utilized as a parking lot,
it's zoned residential, and has been for some time used as a parking lot, and
+
the vehicles come in and out on SW 1st Street where they also have access to
Flagler Street, but still use the egress and ingress out on to SW 1st Street.
Now, you mentioned, Mr. Mayor, that you had some concern about the kids that
currently... the kids, the students from Miami Senior High School, who pass
through lot 18 from SW 1st Street. They do that to go to the coffee shop
which is on the property where the clinic is too. It's not only a clinic, it
has a little coffee shop where the kids cross by there. One of the main
objections to that, the property is contiguous with lot 19, and there is a
duplex there, residential, owned by Mrs. Willowby, who is here, and not only
do they come in and out, pass through there, but in doing so, they drop their
soda cans, their half -eaten hotdogs or whatever, back and forth. Now, Mr.
Traurig also mentioned I believe, that there would be no adverse effect to the
residential area. Mr. Traurig does not live in the area, I do, and as I
stated earlier, have, for the last fifty-two years. Not only would there be
adverse effect, but there is now an has been, it has gradually built up for
some time. So there is an adverse effect, a definite adverse effect, and
there is no other commercial areas between, that fronts on SW 1st Street
between 25th and 27th Avenue. Now I don't want to belabor the point, I just
wanted to mention those few points...
Mayor Suarez: All right, are you?...
Mr. Heid: ... before I forgot them, but I do...
Mayor Suarez: Are you wrapping up to please?
Mr. Heid: Well, I will.
Mayor Suarez: We've got the general thrust of the idea.
Mr. Heid: I understand that. Basically, my objections are the same as those
of the Planning Department. And to expedite it, I'd just like to read a few
of the items that they have listed here on your sheet so it will go more
quickly, the ones that bring up my point of view. In their analysis of
course, they state that "the proposed change would not be consistent with
existing land use patterned in the area, or the future land use pattern as
depicted on Florida Land Use Plan Map. It would permit more intense
commercial uses to intrude into the existing homogeneous residential
neighborhood. This type of intrusion is contrary to the goals, objectives,
and policies established in the MCNP (Miami Comprehensive Neighborhood Plan)
which require the City to protect all area from encroachment of incompatible
land uses."
Mayor Suarez: That all in the record, it's all part of our back up. We have
read it, we are aware of it, and we take notice of it.
Mr. Heid: OK. All right, fine. On page 4, basically what is up here,
primarily during lunch time, the students from the high school, not only go
across lot 18, some of them go all the way up the end of the block, and cross
27th Avenue in order to... there are several little shopping areas there where
they get sodas and sandwiches, or whatever, and again, as they come back of
course...
Mayor Suarez: Oh, but you are not going to start telling us about the kids
from Miami High again, are you? We have heard that already, sir.
153 January 24, 1991
xl Mr. Heid: Well, no, what I am trying to do, sir, is say, that because of this
parking situation there, not only do the residents but the students from the
high school, go up that way, have to walk out into the street in order to get
to where they are going, because of the parking situation.
Mayor
Suarez: Well you've shown
us pictures.
The parking situation look
awful.
I mean, that's to me, you
have argued
way beyond what you'd have to
y
argue
to convince me. But I mean,
if it's anything
else you want to say on
,-
any of
the other issues, we have certainly heard
about the kids, we have heard
about
the parking, we have heard
about the
residential character of the
community,
how this intrudes...
Mr. Heid: All right, I'll try and just make it as brief as I can. There is
also a problem of the residents or any people in the area trying to get out of
the area, because if you look over here where you see Columbia Park, and then
right below it, Miami Senior High School, the area from 25th Avenue to the end
i of Miami Senior High School, the other end, that is always blocked off. So
anyone in the area does not have any access down SW 1st Street. Also, the
area between SW 2nd Street and 3rd Street is always blocked off by the school.
So all the residents living in that area have only two alternatives, they
either have to go to SW 27th Avenue in order to get out of their area, or they
have to go down to 25th Avenue, and they are stymied, and they have to go to
Flagler Street. And as I am sure all of you well know, to get out on to 27th
Avenue, unless you are an ambulance with sirens and so forth, or Flagler
Street, at certain times of the day, it is almost impossible.
Mayor Suarez: All right. Yes, that area is particularly difficult to move in
and out of.
Mr. Heid: Well there is no doubt about it.
Mayor Suarez: Particularly during school hours, because they do close off a
bunch of streets - God knows, what gives them the right to do all that.
Mr. Heid: If I man, just for my own information, who has the authority to
allow the School Board to block off the public highway?
Mayor Suarez: I don't know, but they sure control that 1st Street there, and
they control as you said...
Mr. Heid: Twenty-fifth Avenue.
Mayor Suarez: Twenty-fifth Avenue, from around the corner there. If anybody
knows, I'd be interested in hearing an answer to that too.
Vice Mayor Plummer: They probably applied to Metropolitan Dade County who has
control.
Commissioner Alonso: Exactly.
Mayor Suarez: Of what?
Mr. Heid: Mr. Traurig also mentioned that in 1967, the zoning was changed
11 there to conditional.
Mayor Suarez: Right.
Vice Mayor Plummer: It was not a change of zoning.
Mr. Heid: At that time also, the City Commission when the property owners
wanted it to change to commercial, they denied it, and put the conditional on
it. And of course, that was back, as I say, in 1967, and certainly the
traffic increase between then and now...
Mayor Suarez: I don't doubt that at all.
.i
Mr. Heid: ... there is no comparison whatsoever.
Mayor Suarez: OK, thank you.
Mr. Heid: I have just one other point, sir.
154 January 24, 1991
Mayor Suarez: You remind me of the Miami Herald and the media, when they say,
just one more question, but go ahead.
Mr. Heid: Well, as far as I know I have not yet taken as much time as the
other people.
Mayor Suarez: That's true. They have a way of making it seem like they
haven't spoken as long, but that's why they get paid to be lawyers.
Mr. Heid: Well, this is my first experience before a Planning and Zoning
Board before the Commission, so I am learning little by little. There are
no... Mr. Traurig has stated that probably they would... what the conditions
would be for the structure that will be built there.
Mayor Suarez: That would be built into a voluntary covenant that would be
recorded with the deed.
Mr. Heid: No, no, I am talking about the structure itself, Mr. Mayor. There
are no plans as to what it would be, it's all hearsay.
Mayor Suarez: Anything that is part of covenant would be you know, signed,
sealed and delivered, and built in guaranty, but I don't think that they are
going to go to the point of giving us specific plans, no.
Mr. Heid: So actually, we don't know what's going to be there. If it is
rezoned to commercial, they could put anything there.
Mayor Suarez: Except as to the voluntary covenant, and the specifications of
that.
Mr. Heid: All right.
Mayor Suarez: That, they can't change.
Mr. Heid: I just have one other thing here that I would like to mention.
It's an article...
Mayor Suarez: I told you, you'd just be like the Miami Herald, OK, last one,
quick please. We do have... we are at item 19 or 20, or...
Mr. Heid: OK. I assure you it won't be more than three more minutes. This is
an article.
Mayor Suarez: No, not three more minutes. Just make your last point. You're
entitled under the Code to two minutes total, and you've taken up a lot more
than that. Go ahead.
Mr. Heid: OK.
Mayor Suarez: And it's not helping your cause, because I'm ready to vote for
you if you stop pretty soon. If not, I don't know what I'm going to do.
Mr. Heid: On that case, I'll stop right now. No, but...
Mayor Suarez: I mean, if you've got another point to make.
Mr. Heid: The article states, from the Miami Herald, that Metro's Environment
and Land Use Committee after almost four years of studying the County's
traffic triangle said that the required number of spaces for new buildings
k should be raised by as much as a third. The present system for parking is a
'r nightmare, said Reynaldo Villar, Metro zoning division chief. In some places,
big cars park in small car spaces and a lot of them get dented and in others,
the parking is just insufficient.
Mayor Suarez: OK, thank you.
Mr. Heid: I had another item, but if you're ready to vote for me now, I'll
stop while I'm ahead.
Mayor Suarez: I am. I don't know about the rest of my colleagues. All
right?
155 January 24, 1991
Mr. Heid: OK.
Mayor Suarez: Thank you, sir. Anything further from the applicant,
applicants, either one? Quickly, please. I can't imagine anything we haven't
covered. It seems like we know the entire area, the habits of all the Miami
High School students, the parking, the way the ambulances go in and out, the
traffic patterns for the last 30 years. Yes.
I Ms. Fraga: The only thing I would like to point out that Miss Alonso was...
Commissioner Dawkins: Bring the mike to you, please.
Ms. Fraga: ...that Miss Alonso was concerned with was whether or not lots 17
and 18 would be going in and out of 1st Street and contributing to the traffic
there. They will be not. There will be a solid concrete wall from the east
side to the west side of that lot. There will be no ingress or egress from
there. And it's in the covenant.
Vice Mayor Plummer: And how far set back would that wall be from the
sidewalk?
Ms. Fraga: There will be a five foot buffer.
Vice Mayor Plummer: On the 1st Street side as well as the east side?
Ms. Fraga: No.
Vice Mayor Plummer: How much of a buffer would you have on the east side?
Ms. Fraga: Well, there will be the required landscaping buffer, but the wall
will probably be abutting the lot line.
Mayor Suarez: Anything further? If not...
Commissioner De Yurre: I have a question for Mr. Traurig. Are you going to
be knocking down the existing structure on the corner to build what you're
proposing to build there?
Mr. Traurig: Yes.
Commissioner De Yurre: OK. Are you going to be having any ingress or egress
anywhere along the whole piece of property along 1st Street?
Mr. Traurig: Yes, there is ingress and egress right now from the property of
the C-1 portion of the property at the present time. We have to maintain that
for a couple of reasons, and I think it's very important for that to be
understood. First of all, if you will look at 27th Avenue, the way the
vehicles would have to exit from our property to go south on 27th Avenue would
be at 1st Street, because otherwise we couldn't make a left turn to go south
on 27th Avenue. The safety of people, the saving of lives, may be affected by
whether or not that vehicle can turn left on 27th Avenue. If it doesn't come
out at 1st Street, it can't turn left. So therefore, we have to have an exit
in the blue portion of our property to permit us to go out to 27th Avenue and
make the left turn to go south.
Vice Mayor Plummer: Well, you could, in fact, restrict it to egress only.
Mr. Traurig: Yes.
Vice Mayor Plummer: See, the problem of the neighbors is that you're bringing
all of the traffic down 1st Street to come in to avoid the congestion of 27th
Avenue. Whereas, if that exit was up towards 27th Avenue on 1st Street, and
it would be for egress only, they would still have to go the long route to get
in.
Mr. Traurig: Yes.
Vice Mayor Plummer: But take the short route out.
Mr, Traurig: That's true and we could do that. We would also have to have
the opportunity from time to time, to make a left turn out of our property if
27th Avenue is blocked and we can't very well make... and we want to go east
on Flagler Street, we may very well have to go down 1st Street...
156 January 24, 1991
I
Vice Mayor Plummer: No way.
Mr. Traurig: —without horns, without lights, without sirens.
Vice Mayor Plummer: No way. You do that, you lose. There's no way that you
have to go 1st Street, and that's their complaints.
Mr. Traurig: Yes.
Mr. Bob Garner: My name is Bob Garner, vice president, Randle Eastern
Ambulance Service, 35 S.W. 27th Avenue.
Vice Mayor Plummer: You have to be sworn in, sir.
Mr. Garner: I know.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Garner: Commissioner, the thing is this, that I think what Mr. Traurig is
alluding to is the fact that if 27th Avenue is blocked for whatever reason, an
emergency vehicle has to have an alternative. And to say that we're only
going to utilize it for the purpose of 27th Avenue in terms of responding to a
call, would be unrealistic for an emergency vehicle. Essentially, S.W. 1st
Street, if you're going east, is by far the quickest way to go, and if you're
going to the west or south, it's a different story, depending on where the
a` call is. But, if 27th Avenue is blocked for either a traffic accident or many
times in the morning, just traffic has it blocked, and if they don't have the
other alternative, what you're doing is restricting an opportunity for an
emergency vehicle to respond.
Vice Mayor Plummer: What I'm doing is restricting the amount of commercial
vehicles into a residential area.
Commissioner Dawkins: What happens -
you said that
if 27th Avenue is blocked,
doesn't the siren and
the light act
to open up
the blocked traffic for a
emergency vehicle?
Mr. Garner: Well, we
certainly wish that it would open up traffic, but
unfortunately, it's not
magic.
Commissioner Dawkins:
No, no, no.
No, no, no.
You see, no, no, now - I
asked you, isn't the
purpose of a
siren and a
light to open up blocked
traffic? Isn't that the purpose?
Mr. Garner: Well, that's not an easy question to answer yes or no.
Vice Mayor Plummer: Sure, it is, yes.
Commissioner Dawkins: Sure it is! It is.
Vice Mayor Plummer: The answer is yes.
Mr. Garner: OK.
Commissioner Dawkins: When you get to a railroad crossing, I don't care how
many lights you got blinking, and how many sirens you got on, you stop.
Mr. Garner: Absolutely.
Commissioner Dawkins: And you wait until that railroad crossing is clear, and
you go across.
Mr. Garner: That's correct.
Commissioner Dawkins: Now, whether you save the person's life after you got
through there or not, is secondary.
Mr. Garners Correct.
157 January 24, 1991
Commissioner Dawkins: So the same thing can happen on 27th Avenue, sir. When
you get there and the traffic is blocked, you put your light and your siren
on, and you proceed cautiously till you get out there, sir.
Mr. Garner: Pardon? The thing is this, that in the interest of safety,
you're completely correct, Commissioner, and at every intersection the
appropriate use of lights and sirens is to stop and clear the intersection
just as in a railroad crossing. You're exactly right that the red lights and
siren are utilized to clear that. But, of course, one cannot guarantee that
it always is effective given the kind of congestion that we have. And
sometimes, S.W. 1st Street, interestingly enough - and I've only been there
for 20 years - but it's not as congested as 27th Avenue.
Commissioner Dawkins: You know why?
Vice Mayor Plummer: It's residential.
Commissioner Dawkins: It's a residential neighborhood.
Vice Mayor Plummer: That's right.
Commissioner Dawkins: That's why it's not congested, sir.
Vice Mayor Plummer: Mr. Mayor, have they wrapped up their...? You still have
questions? -go ahead.
Commissioner De Yurre: Let me ask... Yes, I just wanted... If I may ask of...
Mr. Traurig: We agree to Commissioner Dawkins' point.
Commissioner De Yurre: ...them a couple of questions.
Mr. Traurig: Yes, sir.
Commissioner De Yurre: ...as to the business. How many vehicles do you have
in the business?
Mr. Garner: We have permits for 45 ambulances.
Commissioner De Yurre: And you have most of them out in the street all the
time? -or....
Mr. Garner: That's correct. The ambulances are based on the amount of volume
in the County at any given time. Almost all of the vehicles are on the road
other than the ones that are spares, during the day. And in the evening, of
course, more vehicles are in the main station. And, in addition to that, we
have other stations throughout Dade County utilized strictly for dormitory
facilities.
Commissioner De Yurre: OK. If you were to get what you're asking for tonight
and build what you're proposing to build, would those 45 vehicles then be at
that location?
Mr. Garner: Essentially, on what we're requesting in our zoning is just to
alleviate...
Vice Mayor Plummer: No, they'll still be out at...
Mr. Garner: ...the congestion. We're not changing the operation in any way,
shape, or form, but we'll be able to put more vehicles if we can go with the
structure that will take the existing structure that is on ground level and
put it to the second and third story, parked underneath.
Commissioner De Yurre: OK, because you see that's my concern. You know,
we're talking about adding more vehicles to your situation.
Mr. Garner: Not really in terms of the size of our fleet. We're not changing
the size of our fleet at all.
Commissioner De Yurre: Yes, but now they'd be resting there. You're talking
about dormitories, sir.
158 January 24, 1991
4 . 0
Mr. Garner: No, no, on the contrary. We would not bring any more in. As a
matter of fact, it's much more desirable for us to have them away from the
27th Avenue site. It's much better in terms of...
Commissioner De Yurre: So then, actually, how many do you have at the 27th
Avenue site?
Mr. Garner: At the most, ambulance vehicles we would have there at any time
probably would not exceed 25 to 30, because always you have to have a certain
amount, even in the middle of the night, around the County.
Commissioner De Yurre: OK, but are they... at a given time, are they all
there, 25? --or like you were saying, are they out on the road running around?
Mr. Garner: During the day, there's probably 3 or 4 vehicles, maybe five
vehicles in terms of the spares. In the evening there may be as many as 25
there.
Commissioner De Yurre: OK.
Mr. Garner: At midnight, for example.
Commissioner De Yurre: So during working hours, you're talking about you only
have about three.
Mr. Garner: During working hours, we don't even utilize that address to
dispatch vehicles from because it's not desirable. In other words, when the
vehicles...
Commissioner De Yurre: Well now that you've answered my question. So then
the issue of the ingress and egress on 1st Street is inconsequential because
you hardly ever use it for emergency purposes. Right? Right?
Mr. Garner: We don't utilize it for emergency purposes during the day. In
the evening we do.
Commissioner De Yurre: Well, but, you know, so in the evening there's not
much traffic at all, so my concern was to alleviate the traffic flow on 1st
Street. And based on what you just told me, I don't see any need for there to
be any ingress or egress onto 1st Street. That's my feeling.
Mr. Garner: Well, let me put it to you this way. We would have to really
take that under consideration to limit that access because of the requirement
of an emergency vehicle.
Commissioner De Yurre: I know, I understand that. But, you see, in order to
get my vote here tonight...
Mr. Garner: I understand that. I understand that.
Commissioner De Yurre: ...you know, you know how it works. So there has to
be some understanding, a covenant that even when you build, the covenant that
it has nothing to do with the property in question tonight, that it will also
include the property that you own right now all the way up to 27th Avenue.
That you will not have any ingress or egress along 1st Street.
Mr. Garner: I understand that, and if it were not an emergency vehicle, I
wouldn't feelas concerned about making a precipitous decision for the
purposes of a vote. I'm much more concerned about the health, safety, and
welfare of the citizens of the City of Miami and Dade County.
Commissioner De Yurre: So am I. And of their comfort and all that kind of
good stuff. Thank you.
Commissioner Alonso: Could you please tell me how large the new building will
be? -the size of the new building.
Mr. Traurig: Commissioner Alonso wants to know how large the new building
will be.
Mr. Garner: We're really, frankly, Commissioner, have not designed the new
building, so I wouldn't want to proffer it. It probably would be in the
159 January 24, 1991
i
neighborhood of 5,000 square feet. But that's strictly just off the top of my
head.
Commissioner Alonso: What will happen to your business and the ambulance at
the time of the construction?
Mr. Garner: As far as the specifics of construction, I can't give you detail,
but I can assure you this, it would not be interrupted in any way, shape, or
form.
Commissioner Alonso: But, the new construction will probably take all of the
space that you utilize now for parking, will it not?
jMr. Garner: In terms of the period of construction?
i
Commissioner Alonso: In terms of the structure that you have now, I
understood that it's going to be demolished and a new construction will be in.
Right? While they're building the new facility, what will happen to the
neighborhood?
Mr. Garner: Well, I can give you an excellent example because periodically
because of the environmental considerations, one has to do some work on the
lots. And we have used alternative sites in the past to stage the vehicles
for a short term basis when that type of construction, for example, fuel
tanks, et cetera, had to take place. As a matter of fact, we have recently
used the facility previously utilized by Florida Highway Patrol, which is now
vacant, utilized their lots. So we would have other staging areas that we
could utilize during construction.
Commissioner Alonso: You don't know the size of the new building?
Mr. Garner: No, we don't, because as Mr. Traurig pointed out in the beginning
of this, we did some additional planning due to the Doctors Cruz and Cruz
wanting take a look at utilizing their facility in a different way.
Commissioner Alonso: Will she has an answer for me since she represents Dr.
Cruz? Maybe she knows.
Ms. Fraga: I'm sorry?
Commissioner Alonso: Do you have an idea how - the size of the new
construction?
Ms. Fraga: No, Cruz and Cruz are not planning any new construction.
Commissioner Alonso: I beg your pardon?
Ms. Fraga: They are not planning any new construction. They will be using -
t' remodeling the existing structure...
Commissioner Alonso: What about aren't they owners of the facility where the
new construction will be?
Ms. Fraga: No, Cruz and Cruz...
Commissioner Alonso: They don't own any of that land.
Ms. Fraga: William Randle is the owner of 16, which is the lot to the west of
the three that are before you.
Commissioner Alonso: Plus all of the blue property as well.
Ms. Fraga: The blue property on to 27th Avenue and the one yellow lot closest
to the blue on to 27th Avenue belong to Mr. Randle. The two other yellow
properties that are right behind the blues on Flagler belong to the Doctors
Cruz.
Commissioner Alonso: So, he will not be involved in the construction at all?
Ms. Fraga: He will be remodeling the existing structure on lot 18.
Commissioner Alonso; OK, just the existing property.
160 January 24, 1991
Ms. Fraga: Yes.
Commissioner Alonso: Thank you.
Mr. Traurig: If I may wrap up, Mr. Mayor, I'd like that opportunity. The
issue here I think has been clarified to some extent, but I think I have to
make this final statement. By broadening the covenant that we have already
prepared and submitted, we will make it very clear that in the redevelopment,
there will be no use of the property, either the blue property or our one
yellow lot, except for an office building to house Randle Eastern Ambulance
with the... at grade uses limited only to parking and access way, so that
there will be no use of any commercial nature except those uses that will be
in the office building, the two floors to house the Randle Eastern operations.
There will be no change in the present uses. It will be utilized in the
future exactly as it's utilized today, except that the building will be torn
down and a new, more efficient building constructed. Our position is that the
redevelopment will improve not only the property, but the parking situation
dramatically. Our neighbors spoke about parking on 1st Street. He makes a
very good point, but that's not the land use issue with regard to this one
lot, and whether or not it should be integrated with the other two lots to
afford the opportunity for the redevelopment of the property. With regard to
the opening of the wall, I think that it has been made very clear that the
only way that this Commission can support the application is if we limit the
uses to westbound traffic exiting from the property. We agree to that. With
regard to the horns and the sirens, et cetera, we restate our position that we
will not permit that until the vehicles get to 27th Avenue. We would like to
say once more that there would be no adverse consequence by the rezoning of
this property to C-1. It won't result in increased use. It will not be an
encroachment into the neighborhood. It's a mere unification of our one lot
with the other two lots with no additional uses being permitted. I think
that, that really clarifies what we will be able to give you in the form of a
revised covenant between first and second reading, and we think that it really
answers all of the questions that have been asked today. We urge that you
consider this favorably.
Mayor Suarez: Thank you. Commissioners.
Commissioner Dawkins: Mr...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: ...Mayor. To the administration. Did you hear
anything from anybody over there that was said that would change your
recommendation?
Mr. Rodriguez: No, sir.
Commissioner Dawkins: Your recommendation is still the same?
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: Mr. Mayor, I look at this as two separate applications.
I'm in favor of one and not in favor of the other. I think the administration
should take note of the pictures that were surrendered. There is, without
question, the need for enforcement of the Police Department to go there,
eliminate the angle parking and tow the cars that are there that are parking
where it says, "No Parking." But that's not a zoning issue. We don't control
the swale area from the sidewalk to the street. I look at this application of
Randle Eastern that they are a vital service to this community. No if, and's,
and but s about it. We're not talking about - even though I realize that
Randle Eastern is a profit making organization - they are a vital corporation,
the service which they provide is vital to this community. As I understand
their application that, in fact, they would be giving more parking than what
they presently have by virtue of the fact that the footprint of the building
that exists there today will be removed and all of the new building underneath
will totally be parking area. So in effect, whatever that footprint is
presently there today, will be eliminated and all of the parking will go under
the new structure. I think it is a comprehensive way of doing it. They in
effect could probably build what they wanted there tomorrow without any
161 January 24, 1991
problem by having to tear down the building in the front first, and extend it
closer to Flagler Street. I don't see any problem with the Randle
application. I think it does enhance. The only concern that I have is
expressed is that the only access on 1st Street would be up to the 27th
Avenue, and it would be egress only, no ingress. As far as the other
application is concerned, that problem that exists there today is, in fact, a
problem that's going to continue to exist. The leasing of property is not
bound by - and I'm assuming that they're taking they said from the west side
to put a double driveway through - it would have to have been contiguous and
part of unity of title, not a lease. They did not stipulate in the record how
long the lease was for, but as far as I'm concerned the only safe way to do it
that there is proper ingress and egress, is to make it a part and parcel of
the property. Basically, they can utilize that property today for parking,
which is their main concern and their needs. I know that they can't use the
duplex remodeled for office space, but there is the question in my mind that
says that if, in fact, they did use that structure in the back for office
administrative space, that it would be more people involved and not less. So,
I'm expressing my opinion. I guess when the motion is made, I would hope - or
I would make it in two parts, not in one. My other concern has to be...
Mayor Suarez: Why don't you go ahead and make it, if you would.
Vice Mayor Plummer: Well, I want to give my other colleagues any opportunity
to speak that they wish.
Mayor Suarez: Well, I'm just hoping to have a motion at some point, so we can
dispose of this matter. And we do have other matters.
Vice Mayor Plummer: All right, well, Mr. Mayor, I'll make a motion first in
reference to lot 16.
Mayor Suarez: OK.
Vice Mayor Plummer: Basically, the covenant which they surrender must contain
the following for an approval. Number one, that any restructure that is built
on that property has to afford the complete first floor, ground level, as
parking. Number two, that the only opening on 1st Street would be egress only
to go westbound. The rest of the covenant would be enforced if they agree to
it.
Mayor Suarez: On S.W. 1st, you're talking about? -or...
Vice Mayor Plummer: On 1st Street, Mr. Mayor, they would have to eliminate...
they have two openings now on 1st Street.
Mayor Suarez: Presumably...
Vice Mayor Plummer: They would have to eliminate those two present openings
and put the other opening down towards 27th Avenue which would allow them the
egress to 1st Street to cross over and go south on 27th Avenue. OK? That's
my motion.
Mayor Suarez: So moved.
Commissioner Dawkins: That's on 19 or 20?
Vice Mayor Plummer: That would be... well, I don't know.
Mayor Suarez: Does that apply to 20 or...
Mr. Olmedillo: Twenty-one.
Mayor Suarez: ...21?
Vice Mayor Plummer: Actually, they're both...
Mr. Olmedillo: Twenty-one.
Mr. Maxwell: No, it applies only...
Vice Mayor Plummer: It would apply to 21. OK, then I'm sorry.
162 January 24, 1991
qp i
Mayor Suarez: Let's do 21 first then, just for sake of rationality here.
Vice Mayor Plummer: OK. Just for kicks.
Commissioner Alonso: Yes.
Mayor Suarez: PZ-21 has been moved by Commissioner - Vice Mayor Plummer with
those conditions.
Commissioner Alonso: I second that motion.
Mayor Suarez: Seconded by Commissioner Alonso.
Mr. Maxwell: Whoa.
Mayor Suarez: No?
Mr. Maxwell: This is item 20.
Vice Mayor Plummer: See, I'm confused.
Mayor Suarez: I asked 20 or 21 and you told me 21.
Vice Mayor Plummer: ...I've never seen an application that was a joint
application.
Mayor Suarez: Is it 20 then?
Mr. Maxwell: Right. You first have to dispose of item 20, which is the Comp
Plan.
Mayor Suarez: All right, does it make sense to attach those conditions to
item 20?
Mr. Maxwell: No, sir, you do not attach conditions to a covenant.
Mayor Suarez: That's what I thought you might say. All right, what would we
do on item 20 that would be consistent with that, if, indeed, it passes? Or
is it easier just to take 21 first? And then go back to 20?
Mr. Maxwell: No, you have to take 20 first.
Vice Mayor Plummer: But 20 includes 16, 17, and 18. Can I approve 16, deny
17 and 18 on 20?
Mr. Maxwell: Yes, sir, you could.
Vice Mayor Plummer: My motion then would be to approve, on item 20 to approve
16 and deny 17 and 18.
Mayor Suarez: All right, so moved as to item PZ-20.
Commissioner Alonso: I second it.
Mayor Suarez: And the references to 16, 17, and 18 are lots for the purpose
of the record.
Vice Mayor Plummer: Yes, sir.
Mayor Suarez: So moved and seconded. Any discussion? If not, please - why
don't you read the ordinance, in case it pass.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Commissioner Dawkins: Hold it, before we...
Mayor Suarez: Commissioner Dawkins.
C,o=issioner Dawkins; What does this permit to be done on 16?
163 January 24, 1991
Vice Mayor Plummer: I will handle that in 21., to allow that approval subject
to the conditions attached.
Commissioner De Yurre: Yes, but - now, J.L., give me...
Commissioner Dawkins: Wait a minute, hold it, hold it.
Mayor Suarez: What is the effect of it? Very simple question. What is the
effect of this if it passes as to the lot 16?
Mr. Olmedillo: You change the land use designation to a restricted commercial
district, which allows a series of commercial activities, basically retail.
Mayor Suarez: OK.
Commissioner De Yurre: OK, that's on the westerly lot.
Mr. Olmedillo: That will be on 16, which is the one to the west.
Mr. Rodriguez: Right.
Mayor Suarez: Lot 16.
Vice Mayor Plummer: Sixteen, the easterly lot.
Mayor Suarez: No, westerly.
Commissioner De Yurre: Oh, what... no, no, no the westerly lot.
Mayor Suarez: I guess he means westerly of the three that are yellowed in.
Commissioner De Yurre: As I look at them here, it would be that one. Now,
J.L., give me a reasoning again why you would allow lot 16 and not 17 and 18.
Vice Mayor Plummer: I don't think that 17 and 18 serves a community service
as we see in the Randle Eastern operation ambulance service. I don't see the
need... they have indicated that their greatest need is for parking. They
already have on 17 an approval, which they can continue to use for the
parking, off street conditional use. Eighteen, they want to use that bungalow
or that duplex for professional offices which means that there would be the
indication of more people on the premise, and, of course, 17 and 18 is just a
further intrusion into the residential area, which I don't feel that is
necessary, and I'm speaking strictly from a community service and need
standpoint.
Commissioner De Yurre: OK, now, where is this duplex you're talking about?
Vice Mayor Plummer: It's on 18.
Commissioner Alonso: The one existing in lot 18.
Commissioner De Yurre: Isn't that the grassy area where there's a lot of cars
parked?
Vice Mayor Plummer: No, that's 17.
Commissioner De Yurre: May I see that, Bob. Let me see that.
Vice Mayor Plummer: See, Victor, another... well, here's another problem, OK?
Commissioner De Yurre: Which one is it?
Vice Mayor Plummer: Another problem is, is that they could in fact later on
with that 18 being zoned C-1, they could go and build anything they want in
there. They're not proffering a plan which they can be bound by.
Commissioner De Yurre: Neither is Randle Eastern.
Vice Mayor Plummer: That's correct, but Randle Eastern has proffered and are
tying themselves to a covenant that says that whatever they build will not
exceed 3 floors, and the total ground floor will be for more parking. So, if
164 January 24, 1991
they covered the whole lot with a C-1, they can't go above 3 floors, and
whatever the ground is, has got to be totally open for parking.
Ms. Fraga: If I might. There is a certain built in limitation on 17 and 18
because there will be no egress and ingress on to 1st Street.
Vice Mayor Plummer: I understand that.
Ms. Fraga: You were speaking about the necessity for a unity of title. I
think we have an effective unity of title on there. If you want an actual
one.
Vice Mayor Plummer: Not for - excuse me, you do not have it for the necessity
of ingress and egress of requiring a double lane. You indicated on the record
that you have a lease with a funeral home.
Ms. Fraga: No, no, no. The funeral home - I can't get on to the funeral
home's property. The funeral home has an eight foot concrete bunker.
Vice Mayor Plummer: Well, how are you going to get into this property?
Ms. Fraga: To the west, to the east rather. Now you got me doing it. The
lot...
Vice Mayor Plummer: OK, but you're going to be leasing property, not own
property.
Ms. Fraga: No, we will eventually become the owners of lot 6, which isn't...
Vice Mayor Plummer: You are not today?
Ms. Fraga: No.
Vice Mayor Plummer: OK.
Ms. Fraga: We have a contract to purchase lot 6.
Vice Mayor Plummer: Bob, would you put your map back up there, please? -
because it's a lot easier to refer to that than it is...
Commissioner Alonso: They will become owners of lot...
Ms. Fraga: Six.
Commissioner De Yurre: Six?
Vice Mayor Plummer: OK, see the problem today is if you go to the east side
of the clinic, they do not own that property. They merely have a lease.
Ms. Fraga: Right now, if we had rezoned 18, and we had no way out of Flagler,
we could not use that building, even with the zoning because I do not have
ingress and egress...
Vice Mayor Plummer: That's correct.
Ms. Fraga: ...legal ingress or egress.
Vice Mayor Plummer: That's correct.
Ms. Fraga: So that even if today I did not have whatever use I need of lot 6,
whether it's by ownership, by lease, by easement, et cetera, I would have to
retain essentially no use of this because I have no way out of here.
Vice Mayor Plummer: How do you get in and out of it today?
Ms. Fraga: I go in and out of 1st Street. I'm telling you that my covenant
will block that off.
Vice Mayor Plummer: But you don't own the property to the to the east of you
presently.
165 January 24, 1991
Ms. Fraga: We have a contract to buy it, and we are willing to take that risk
knowing...
Commissioner Dawkins: You buy it, come back for the zoning.
Ms. Fraga: ...that once we do that, we are sealing off our exit, we are
sealing off any possibility of selling these lots separately from these,
obviously, because there's no other way out.
Commissioner Dawkins: Come back when they get the zoning, when they get the
property.
Vice Mayor Plummer: That you could do.
Ms. Fraga: Now, if you would like that in the form of a unity of title, I
don't have any problem proffering that because there's no effective use of
that after the zoning is done and the covenant is proffered.
Commissioner Dawkins: Mr. City Attorney, is it any way I can suggest that
since they do not own the property, we're speculating and that we put this off
and once they own the property, come back and apply for whatever zoning they
think they need?
i
Mr. Maxwell: Well, assuming... there are two point there. One, I would
assume that they do have an authorization from the property owner, or the
property owner has joined in this at his request.
Commissioner Dawkins: No, no, sir. No, sir, no, sir, I asked one question.
Commissioner Alonso: They are talking about lot 6.
Commissioner Dawkins: Since they do not own the property - see, I don't want
to speculate on if they acquire it or not. I don't want to do that, sir. All
I want to know is, since they do not own the property, can I say to them
legally, once you acquire the property and you have ownership, come back and
I'll consider your request for rezoning.
Mr. Maxwell: You can do that subject to the Code requirements - limitations
on the same property being the subject of a hearing within either 12 months or
18 months. So it depends on when they came back to this board whether you'd
have to grant them a waiver.
Ms. Fraga: Excuse me, the restriction...
Commissioner Dawkins: So I can do it, but I have to say it has to be done
within 12 months.
Mr. Maxwell: No, well not necess... it doesn't have to be done within that
period of time. You can deny it, just deny it, and if they do obtain title to
the property, they can reapply and you can grant...
Commissioner Dawkins: OK, so...
Mr. Maxwell: ...you would have to grant a waiver if it was within that time
period.
Commissioner Dawkins: So if I vote with the motion to do whatever J.L.'s
doing, that denies the other three.
Mr. Maxwell: That's correct.
Commissioner Dawkins: And they can come back whenever they get the ownership.
Mr. Maxwell: And you'd have to grant a waiver.
Ms. Fraga: Again, lot 6 is not a subject of the application. We are simply
telling you that for proffering a covenant to not enter or exit from 1st
Street, we are effectively blocking off any other egress except that which we
acquire from lot 6. We do...
Mayor Suarez: How about 27th Avenue?
166 January 24, 1991
Vice Mayor Plummer: It's not affected.
Ms. Fraga: I have no egress on 27th Avenue.
Vice Mayor Plummer: They got none at all.
Ms. Fraga: I have no way out. There's a concrete wall here, and this belongs
to Randle Eastern. I have no way out this way except this way or this way -
period.
Mayor Suarez: I guess the covenant didn't really solve my problem, so I guess
I shouldn't delve into that.
Commissioner Dawkins: See, the only problem I have with that, I know that the
land now without an entrance or an exit goes for "X" dollars. Once you get
the egress and ingress, then you get 2 "X" dollars for it. So that's, I
mean... so that, you know...
Ms. Fraga: Well, what I was telling you, Mr. Dawkins, is simply that we're
willing...
Commissioner Dawkins: No, I'm just saying my problem. See, I'm...
Ms. Fraga: ...we're willing to accept the chance of "X" dollars.
Commissioner Dawkins: OK... I call the question.
Mayor Suarez: I have to say this is one of the most, you know, strangest
conglomeration of joint applicants to accomplish God knows what, that I've
seen in a long time. But anyhow, we've got a motion and presumably it's
understood. I don't need to understand it fully because I don't see the sense
of any of this, so I can vote against it freely, and it's been seconded. Any
other discussion? If not, please call the roll.
Mr. Maxwell: I haven't read the...
Mayor Suarez: I thought you did.
Mr. Maxwell: Did I? -oh, I'm sorry.
Vice Mayor Plummer: You did.
Mr. Maxwell: I did.
Vice Mayor Plummer: As amended.
Mayor Suarez: OK, call the roll.
Ms. Hirai: It's been read.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER ALONSO, THE PROPOSED AMENDED
FIRST READING ORDINANCE ON PZ-20, FAILED BY THE
FOLLOWING VOTE:
AYES: Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'll have to go with the recommendation of staff.
Staff recommended denial. I'll vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Do we need to vote on 21?
167 January 24, 1991
i
i
1
1
Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: No, you effectively killed it on 20.
Mayor Suarez: All right...
Mr. Maxwell: You do have to...
Mayor Suarez: ...do we need to vote on 21 once again?
Mr. Maxwell: You need a motion on 21.
Mayor Suarez: So we do need to vote on 21...
Mr. Maxwell: Yes.
Mayor Suarez: ...even though... doesn't 20 sort of eliminate the...
Mr. Maxwell: Well, you cannot act inconsistently, but you need to address it.
Mayor Suarez: All right, PZ-20. I'll entertain a motion to deny from one of
the...
Commissioner Dawkins: Staff. What's staff's recommendation on 21?
Mr. Rodriguez: Excuse me. Could you one second? -because I think there's no
clear over here.
Mr. Maxwell: What was the vote on 20?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Rodriguez: OK, now, yes, Commissioner, in regards to item number 21, the
staff recommended denial.
Commissioner Dawkins: Recommended den....
Mayor Suarez: OK, we need some quiet, please. We're going to need that door
closed.
Vice Mayor Plummer: So, what you're saying in effect is, that there is no way
to make on 21 an approval on 16 and a denial on 17 and 18.
Mr. Maxwell: You've already, sir. What you've done is you've denied the Comp
Plan change. That was...
Vice Mayor Plummer: So, effectively, 21 doesn't even come into play.
Commissioner Alonso: Right.
Mr. Maxwell: There's a separate... no, sir, you do need...
Mayor Suarez: Do we need to vote on 21? Once again, I...
Vice Mayor Plummer: You're telling me on 21 there's only one way I can vote.
Mr. Maxwell: That's correct, but you still need to vote.
Mayor Suarez: All right, please move it, to deny, so we can move on to the
next item. If that makes them happier as City Attorney and Assistant City
Manager, Planning Director, respectively.
Vice Mayor Plummer: Unless we get three votes to deny 21.
Mayor Suarez: Right.
Commissioner Alonso: So we have to deny this.
Vice Mayor Plummer: Yeah.
168 January 24, 1991
Mayor Suarez: With the Master Plan being retained the way it was, PZ-21 can
only logically be voted down.
Vice Mayor Plummer: I will move to approve 21 as it relates to lot 16 and
deny 17 and 18.
Commissioner Alonso: You just can't.
Mr. Rodriguez: Sorry...
Mayor Suarez: That would go counter to the Master Plan, but you can move it.
I mean... at least so we can move on to the next item. So moved.
Commissioner Dawkins: Is there a second?
Mayor Suarez: Is there a second?
Vice Mayor Plummer: No, to approve 16 and deny 17 and 18.
Mayor Suarez: Is there a second?
Commissioner Alonso: He moved?
Commissioner Dawkins: Yes, he moved it.
Mayor Suarez: But we don't have a second.
Vice Mayor Plummer: One is the land plan and the other one is zoning.
Mayor Suarez: All right, I'll entertain a motion to...
Vice Mayor Plummer: Hey, I know the vote, but I mean, what do we pay this
high priced help for over here?
Mr. Maxwell: You cannot act - you should not act inconsistently. If you have
denied the Comprehensive Plan...
Vice Mayor Plummer: Let me tell you, Mr. Maxwell, when you talk about
inconsistent, as I drove in here today, what people have said for years is
true out on Bayshore Drive. We got a circus out there, and we got a circus in
here. We're consistent.
Commissioner Dawkins: Mr. Mayor...
Commissioner Alonso: If he moved to deny, why he doesn't get a second when
you three had voted before to deny?
Mayor Suarez: No, he didn't move to deny.
Commissioner Dawkins: No, he didn't move to deny.
Mayor Suarez: He didn't move to deny. He moved...
Vice Mayor Plummer: I moved to deny 17 and 18.
Mayor Suarez: But he still wants...
Commissioner Alonso: Oh, you still want 16. That doesn't make any sense.
Mayor Suarez: Which is inconsistent with the action taken collectively by all
of us on item PZ-20. So, I'll entertain a motion to deny the entirety of
application PZ-21.
Commissioner De Yurre: Mr. Mayor...
Commissioner Dawkins: All right, so move. I move to follow the
recommendation of staff.
Mayor Suarez: Thank you.
Commissioner Dawkins: I move to follow the recommendation of...
169 January 24, 1991
Ai'
Mayor Suarez: So moved. Somebody second it now, please. OK, I second it.
J.L.
Vice Mayor Plummer: Motion made an duly seconded on 21. Is there any further
discussion? If not, read the ordinance.
Mayor Suarez: No, just call the roll. It's to deny.
Vice Mayor Plummer: It's a resolution?
Mayor Suarez: It's just to deny. There's no...
Vice Mayor Plummer: All right, call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY MAYOR SUAREZ, THE ABOVE MOTION TO DENY PZ-
21 FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: He voted no?
Ms. Hirai: Right.
Commissioner De Yurre: Now, on this one we're moving?
Vice Mayor Plummer: I vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Traurig: May I respectfully request...
Mayor Suarez: Wait, wait, wait, wait...
Vice Mayor Plummer: Don't confuse us any more than we are.
Mayor Suarez: We had a motion that would deny the application of PZ-21.
Vice Mayor Plummer: I'll go back...
Mayor Suarez: The only way to vote consistently is to vote yes on it.
Commissioner Dawkins: No, wait a minute. Hold it, hold it...
Vice Mayor Plummer: Now, with the inconsistency of the consistency...
Commissioner Dawkins: ...Mr. Mayor - hold it, hold it! Mr. Mayor...
Mayor Suarez: Wait, wait, wait. We can't have more than one at a time,
please.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor....
Mayor Suarez: Wait, wait, wait... OK, Commissioner Dawkins.
Commissioner Dawkins: Mr. City Attorney.
Mr. Maxwell: Yes, sir.
Commissioner Dawkins: Will you help me, in my infancy, understand what we
just did?
Mr. Maxwell: There was a motion to deny. It did not pass.
170 January 24, 1991
Li
Commissioner Dawkins: OK, so what does that mean?
Mayor Suarez: PZ-21 is still before us.
Mr. Maxwell: That means the item is still before this Commission.
Mayor Suarez: There's no motion passed on it. I'll entertain any motion that
is likely to get three votes on it.
Commissioner De Yurre: Mr. Mayor, for the record, like I mentioned before, if
there's a covenant to the effect that there will be no ingress and egress
anywhere on 1st Street, on any of the properties, I'll reconsider my vote on
20.
Commissioner Dawkins: There is no reconvote. Oh, OK... on 20.
Commissioner De Yurre: On twenty.
Commissioner Dawkins: Now, we're going back to reconsider twenty now.
Mayor Suarez: So that we can make the vote on 21 consistent. All right, so
you would move to reconsider 20. Is that a possibility, counselor, what he's
suggesting7
S I
Mr. Traurig: May I speak.... this on?
s' Mayor Suarez: No, no, no, please.
Mr. Traurig: May I? May I?
Mayor Suarez: On the narrow question of what Commissioner De Yurre is trying
t to do that would limit egress and ingress, would that accomplish any of your
purposes, or is that a moot issue right now?
Mr. Traurig: Mr. Mayor, give me one minute to explain.
Mayor Suarez: OK, counselor, anything you can do to clarify, given that it's
{ 7:00 p.m....
Mr. Traurig: If you rescind your action on that Master Plan issue, then I
would like to defer the application to give us an opportunity to meet with
your staff and with the individual Commissioners with regard to that traffic
circulation pattern, so that everyone will be convinced and we, ourselves,
would be satisfied as to whether or not the traffic could work.
Mayor Suarez: I have to say, there's a lot of confusion as to what the impact
would be of any of those covenants in view of what counselor said a few
minutes ago as to lot 6, and I would be inclined to go for that, understanding
that you better consult the neighbors too.
Mr. Traurig: We shall do that and we'll employ traffic engineers, and if you
could rescind the earlier motion on the neighborhood plan, then I would ask
you to defer the application.
Mayor Suarez: That's the motion that we have now from Commissioner De Yurre.
I have to say that my reasons for voting against it are totally unrelated to
ingress and egress. They're related to the use and the intrusion into the
residential neighborhood, but you might be able to convince three of us with
that deferral, so...
Commissioner Alonso: The reason that I voted in favor of the first lot is
that it will maintain exactly what they have now and it will not be any
further intrusion in the neighborhood. But if we keep going two more lots...
Mayor Suarez:
Yes... So,
we have a motion to...
t
Commissioner
Alonso: ...we are certainly placing commercial
in the middle of
the street.
�N
Mayor Suarez:
We have a
motion from Commissioner De Yurre -
we always grant
those - to
reconsider,
and the vote - is that a proper
statement, Mr.
Maxwell - reconsider?
-is
that correct?
`�
17l
January 24, 1991
Mr. Maxwell: The first thing you have to do is...
Mayor Suarez: To rescind.
Mr. Maxwell: ...vote on the motion to reconsider.
Mayor Suarez: That's what I just said. Thank you.
Mr. Maxwell: Yes, sir.
Mayor Suarez: All right, do we have a second on that? To reconsider PZ-20?
Vice Mayor Plummer: Well, wait a minute, wait a minute. What good is it to
reconsider 20 when 21 has been denied?
Mayor Suarez: No, it was tie - it was a...
Vice Mayor Plummer: It was not a tie.
Mayor Suarez: It did not pass. It did not pass.
Vice Mayor Plummer: Twenty-one was denied.
Mayor Suarez: None of the motions on 21 have passed.
Vice Mayor Plummer: What?
Mayor Suarez: No motion on item 21 has passed. Twenty-one is still before
US. I need quiet in the chambers! PZ-21 is still before us. PZ-20 so far,
has been denied. All right?
Vice Mayor Plummer: No, sir. Twenty-one...
Mayor Suarez: Take it...
Vice Mayor Plummer: ...the vote of 21 was the motion failed. It was denied.
Mayor Suarez: Right.
Commissioner De Yurre: Too, and then that failed.
Mayor Suarez: No motion has passed on item 21. Technically, it is still
before us.
Vice Mayor Plummer: No, but it's now a denied issue.
Mayor Suarez: Well...
Commissioner De Yurre: It didn't pass.
Mr. Traurig: It was the motion to deny that failed.
Mayor Suarez: It was denied presumably because people wanted to vote
j consistently to PZ-20. He wants to review PZ-20. Let him do that so that we
can be back at state of nature here.
Vice Mayor Plummer: Oh, you're saying... oh, I see what it, yes, OK.
Commissioner Alonso: But we have two contradictions.
Vice Mayor Plummer: No, it was not denied.
Mayor Suarez: All right? We have a motion to reconsider. Do we have a
second on PZ-20?
Commissioner Alonso: I second.
Mayor Suarez: Thank you, call the roll on that.
172 January 24, 1991
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-86
A MOTION TO RECONSIDER PRIOR FAILED VOTE ON PROPOSED
FIRST READING ORDINANCE TO CHANGE THE LAND USE
DESIGNATION AT APPROXIMATELY 2557-2613 S.W. 1 STREET
(ON LOT 16 ONLY) FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
Mayor Suarez: Now you have a motion to continue this, Commissioner, is that
what you want to try to do?
Commissioner De Yurre: I'll move it to continue based on the understanding of
what I'm looking for, which is there be no traffic on 1st Street from this
business.
Mayor Suarez: If you have the traffic circulation problem resolved, you may
get the vote of Commissioner De Yurre on an idea such as was previously moved
by Commissioner Plummer - Vice Mayor Plummer. Yes.
Vice Mayor Plummer: You can't do that to that company and here's the reason
why. If they...
Mayor Suarez: Well, they want to try it, J.L.
Vice Mayor Plummer: No, listen to me and let me explain to you.
Mayor Suarez: So far, nothing else has passed, and we've got other items.
Vice Mayor Plummer: I'm not trying to explain law. Don't try to explain to a
previous ambulance driver. All right?
Mayor Suarez: OK. You don't think they can accomplish it?
Vice Mayor Plummer: Mr. Mayor, the practical aspect is, that if they have to
go south on 27th Avenue, and they are forced to come out on 27th Avenue,
they're going to have to go down to Flagler Street, make an illegal U-turn to
come back out to go south on 27th Avenue. That is not practical. It can't be
done. Now, that's what I'm trying to tell you. That's why I said....
Mayor Suarez: Well, they seem to think that there is some...
Vice Mayor Plummer: ...put the only one up near 27th Avenue where they can
come out and go across 27th to go south.
Mayor Suarez: They seem to think that there's some proposals that might...
Vice Mayor Plummer: There is no way! I'm telling you.
Mayor Suarez: ...be practical for them and might garner three votes up here.
I, for myself, would figure out a way to stop this entire operation on that
property, and go back to residential, but...
Vice Mayor Plummer: Hey, you want to try it? And that's what they want to
try, I'm telling you, fine, I'll vote for it...
Mayor Suarez: Thank you.
173 January 24, 1991
Vice Mayor Plummer: ...but let me tell you, in effect, it can't be done and
it's not practical...
Mayor Suarez: OK.
Vice Mayor Plummer: ...and you are delaying emergency service to the needs of
the public, and I will not vote for that when it come back here.
Mayor Suarez: Right. All right.
Vice Mayor Plummer: There's no way you can do it.
Commissioner Alonso: Well, we have a long agenda in front of us. If
Commissioner De Yurre is willing to reconsider his vote in reference to the
first lot, 16, we can get something going. If not, I think we have to keep
moving, because we have taken so much time at this item.
Mayor Suarez: The problem is that we haven't had any two consistent motions
yet that have passed on PZ-20 and 21, so if you want to move to...
Commissioner Alonso: But he can change. He said he was willing to
reconsider.
Commissioner De Yurre: Yes, I'll reconsider, but, again, you know, so you
know where I stand, if I'm going to vote for the westerly lot there, which is
a Randle lot, it's going to be one thing. Then I'm also voting for the other
two. And that's going to mean my vote, it's going to be on one motion to
include everybody. I'm not going to give it to one, and not the other,
because I don't see it affecting the area.
Commissioner Alonso: Then there is no point in drilling, because we don't
have the votes for that.
Mayor Suarez: I would give them, if they want that opportunity. The
homeowners, so far, in a sense are winning, in the sense that nothing yet has
passed to allow them what they want. And I suppose you may have to come back
for another hearing.
Vice Mayor Plummer: What you want is a resolution that's going to pass. The
only one that's going to pass is deferral. That's the only thing that's going
to pass.
Mayor Suarez: That's the other point, the other way to look at it.
Commissioner Alonso: So, go ahead.
Mayor Suarez: All right, so we have a motion to defer. Do we have a second,
in view of the fact...
Mr. Maxwell: Mr. Mayor, Mr. Mayor. The motion should also include rescinding
the previous vote.
Mayor Suarez: OK, and rescinding the previous vote, which I thought we did by
moving to reconsider it, but it doesn't matter.
Mr. Maxwell: No, you moved to reconsider, but then you have to act on that
reconsideration.
Mayor Suarez: OK, rescinding the previous vote and deferring on the item, is
your desire, counselor, to set it for the February zoning hearing?
Mr. Rodriguez: 28th?
Mr. Traurig: February 28th. That would be fine, sir.
Mayor Suarez: All right. So it's really a continuance. You ought to come
back. I know that it's a lot of hassle for you, but such is life. I guess
the best we can do, We have a motion. Do we have a second?
Commissioner Alonso: Yes, I second.
174 January 24, 1991
Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Can
we make that as to both PZ-20 and PZ-21 in one?
Mr. Maxwell: Yes, sir.
Mayor Suarez: Thank you.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-87
A MOTION TO CONTINUE AGENDA ITEM PZ-20 (PROPOSED FIRST
READING ORDINANCE TO CHANGE THE LAND USE DESIGNATION
AT APPROXIMATELY 2557-2613 S.W. 1 STREET FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL); AND AGENDA ITEM
PZ-21 (PROPOSED FIRST READING ORDINANCE TO CHANGE THE
ZONING CLASSIFICATION AT APPROXIMATELY 2557-2613 S.W.
1 STREET FROM R-2 TO C-1); FURTHER INSTRUCTING THE
MANAGER TO STUDY TRAFFIC CONCERNS EXPRESSED DURING
THIS DISCUSSION AND COME BACK WITH A RECOMMENDATION;
FURTHER RESCINDING ALL PREVIOUS VOTES TAKEN IN
CONNECTION WITH SAID TWO PROPOSED FIRST READING
ORDINANCES.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: I'm voting yes, but I have made my point very clear and I
will continue to make my point.
Commissioner Dawkins: I don't know what I'm doing, but I voted no all night.
I'm going to be consistent and vote no.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Plummer: I hope the administration will, tomorrow morning, address
the issue of the parking.
Commissioner Dawkins: Push the agenda.
------------------------------------------------------------------------------
31. (Continued Discussion) AFFIRM ZONING BOARD'S GRANTING OF SPECIAL
EXCEPTION TO PERMIT A DRIVE -THROUGH FACILITY FOR REPUBLIC NATIONAL BANK
AT 2750 N.W. 7 STREET (GROSSE POINTE HIGHLANDS), WITH PROVISOS
(Applicant: Kebra Enterprises, Inc.) (See label 22).
-------------------------------------------------------------------------------
1
Mayor Suarez: PZ-23. In the back, we're going to need as much quiet as
possible.
1
Mr. Guillermo Olmedillo: PZ-22, Mr. Mayor, Commissioners.
Mayor Suarez: PZ-22.
Commissioner Alonso: Oh, yes.
Mr. Olmedillo: It's an application for property located at 720...
175 January 24, 1991
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r]
Commissioner Dawkins: Hey, well, Mr. Mayor, before we get to 22, we've had
Mr.... this gentleman...
Mayor Suarez: Oh, yes, on the matter that was tabled.
Commissioner Dawkins: ...and he gets paid by the hour. He gets paid by the
hour and I know they're tired of paying him. So, could we hear him?
Mayor Suarez: On PZ-12, the matter was tabled. Have we come up with
something that both staff and you can feel comfortable with, counselor?
Al Cardenas, Esq.: I believe so, Mr. Mayor.
Mayor Suarez: Do you want to try to put it into the record and hope that it
garners three votes up here or otherwise get resolved?
Mr. Cardenas: OK, it's based on three points and I'll restate them and make
sure that Mr. Olmedillo is hearing. The first point is that we will have a
minimum, of course, of one teller, when one teller window is open. Then we
would have a minimum of two tellers if up to three tellers are open, and three
tellers if all four windows are open, as a minimum. We will also have any
employees in the drive -through facility will not be handling outside of the
facility, any - excuse me - cash or valuables. Those will be picked up from
and delivered to by the Brinks, or similar service that handles that for the
bank, so that no employees at the drive -through facility will at any time have
any cash or valuables outside the scope of that small facility. And number
three, we would install an alarm, a signal device, wherein, in the event of
any emergency or in the event that the teller finds it appropriate, they would
immediately signal not only the central station, which they have access to,
but also the security forces at the bank which is located within 100 and some
feet.
Mayor Suarez: OK...
Commissioner Dawkins: So move.
Mayor Suarez: Moved by Commissioner Dawkins. Do we have a second on PZ-12?
Commissioner Alonso: Yes, I second.
Mayor Suarez: Seconded. Any discussion of PZ-12? If not, please...
Vice Mayor Plummer: Under discussion, Mr. Mayor, I'm going to vote favorably
for this, because we have the one year review. And at that time, if we find
that it proves to be to the contrary, then they understand that they will have
to abide by any regulations that are imposed by this Commission.
Mr. Cardenas: Yes, sir.
Mayor Suarez: OK, call the roll.
176
January 24, 1991
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 91-88
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD IN GRANTING THE SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, C-1
RESTRICTED COMMERCIAL, ENTITLED "CONDITIONAL PRINCIPAL
USES:... 4. DRIVE -THROUGH FACILITIES FOR FINANCIAL
INSTITUTIONS ONLY ON PROPERTY WITH TWO (2) STREET
FRONTAGES OR IF ON ONE STREET, ACCESS AND EGRESS
DRIVEWAYS ARE LOCATED AT LEAST ONE HUNDRED -FIFTY (150)
FEET APART, SHALL BE PERMITTED ONLY BY SPECIAL
EXCEPTION, WITH APPROVAL BY THE CITY COMMISSION, AND
SUBJECT TO RESERVOIR REQUIREMENTS OF SECTION 931.2 .",
TO ALLOW THE CONSTRUCTION AND OPERATION OF A DRIVE -
THROUGH FACILITY FOR THE PROPERTY LOCATED AT 2750
NORTHWEST 7 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS
LOTS 13, 14 AND 15, GROSSE POINTE HIGHLANDS, AS
RECORDED IN PLAT BOOK 34 AT PAGE 82 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE;
ZONED C-1 RESTRICTED COMMERCIAL; IN CONNECTION WITH
THE REPUBLIC NATIONAL BANK LOCATED AT APPROXIMATELY
2800 NORTHWEST 7 STREET, MIAMI, FLORIDA, SUBJECT TO
THE FOLLOWING: A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED, MINIMUM OF
ONE TELLER OPERATOR IF ONE TELLER WINDOW IS IN
OPERATION, TWO TELLER OPERATORS IF TWO TELLER WINDOWS
ARE IN OPERATION, A MINIMUM OF THREE TELLER OPERATORS
IF THREE OR FOUR TELLER WINDOWS ARE OPEN, AN ALARM
SYSTEM OR SIGNAL SHALL BE INSTALLED TO ALERT THE
SECURITY GUARD ACROSS NORTHWEST 7TH STREET AT THE MAIN
BANKING FACILITY, NO MONEY SHALL BE TRANSPORTED TO THE
MAIN BANKING FACILITY BY BANK EMPLOYEES, AND A TWELVE
MONTH REVIEW BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Rodriguez: Mr. Mayor...
Mayor Suarez: Yes?
Mr. Cardenas: Thank you, sir.
177 January 24, 1991
32. CONTINUE CONSIDERATION OF APPEAL BY COCONUT GROVE CIVIC CLUB OF ZONING
BOARD'S REVERSAL OF DECISION BY ZONING ADMINISTRATOR THAT AN APPLICATION
BY DEGARMO PARTNERSHIP LIMITED BEFORE THE HERITAGE CONSERVATION BOARD
CONCERNING PROPERTY AT 3952 DOUGLAS ROAD DID NOT MEET REQUIREMENTS
(Continue to meeting of February 28th).
------------------------------------------------------------------------------
Mayor Suarez: What are items that are withdrawn, so we can begin to announce
them and if we... I think all items were scheduled for... by this time, we've
reached all the scheduling of all the items, so we can announce any that are
withdrawn.
Mr. Rodriguez: I believe item 35. I would like to have something on the
record.
Mayor Suarez: OK, wait a minute, wait a minute. Please, quiet in the
chambers! Quiet!
Mr. Rodriguez: I believe that item PZ-35, there is an agreement from both
parties and I would like that on the record, and also PZ-36 have been asked to
be withdrawn by the applicant.
Vice Mayor Plummer: Thirty-six...
Mayor Suarez: OK, PZ-36 is withdrawn. There is no...
Mr. Rodriguez: And PZ-35 might be continued.
Mayor Suarez: ...discretion to deny that. It's just an item that goes away
and has all the usual implications.
Mr. Rodriguez: Right.
Mayor Suarez: PZ-35 would be a continuance to when?
Mr. Rodriguez: I would like that on the record by both the applicant and the
other party.
Mayor Suarez: OK, do we have both warring parties here?
Gary Held, Esq.: Yes, Mr. Mayor. Gary Held, on behalf of the Coconut Grove
Civic Club. We have an agreement. We're meeting to try and reach some
agreement on how this project should proceed. We'd like to continue to a time
and date certain after 6:00 p.m. next zoning meeting.
Commissioner Dawkins: When you come back, you'll be ready for a settlement?
We would not have to go back for another continuance.
Mr. Held: We're trying, yes.
Mayor Suarez: Or a resolution, one way or the other. Are you suggesting that
this would be like in the planning and zoning meeting in February?
Mr. Held: Yes.
Mayor Suarez: OK.
Mr. Rodriguez: It will be February 28th...
Mayor Suarez: 28th - at...
Mr. Rodriguez: At 7:00 p.m.
Mayor Suarez: Seven p.m., and that speaks for you, Mary, and everybody else.
All right? How about, Bruce? And Kay? Do we have anybody on the developer's
side?
Lucia Dougherty, Esq.: Lucia Dougherty representing DeGarmo Es...
178 January 24, 1991
Mayor Suarez: I thought you were here on Camillus.
Ms. Dougherty: That too. Representing DeGarmo Estates and we concur in the
continuance.
Mayor Suarez: All right, thank you. So that item is continued. I'll
entertain a motion.
Mr. Rodriguez: Mr. Mayor...
Commissioner Dawkins: So move.
Mayor Suarez: Moved.
Mr. Rodriguez: Can we get an agreement from the lawyer representing the
applicant that they pay for the announcement so that we've sent notification
to everybody?
Mayor Suarez: For the notices, can we get your client...
Ms. Dougherty: We're not the applicant, they're the applicant.
Mayor Suarez: ...your client.
i
Mr. Held: We thought if your...
Mayor Suarez: I guess he means the applicant, meaning the property owner.
Mr. Rodriguez: The applicant that originally submitted this...
Ms. Dougherty: This is not something that has to be noticed. This is a
continuance of an existing case and no....
i
Mayor Suarez: Are you sure?
Mr. Rodriguez: We have been advised by the Law Department that we should have
that kind of notification in this particular case, and we were...
Ms. Dougherty: Yes, sir, we will pay for it.
Mr. Rodriguez: Thank you.
Mr. Fernandez: Thank you.
Mayor Suarez: All right, thank you.
continuance? Please, somebody.
Vice Mayor Plummer: Sure.
Mayor Suarez: Thank you.
So moved. Do we have a second on that
Commissioner Alonso: Yes, he did.
Mayor Suarez: Call the roll.
Commissioner Dawkins: Victor seconded.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER DE YURRE, PZ-35 WAS CONTINUED
TO THE PLANNING & ZONING COMMISSION MEETING SCHEDULED
FOR FEBRUARY 28, 1991, BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
179
January 24, 1991
i
Vice Mayor Plummer: Mr. Mayor, may I suggest that items 23, 24, 26, 27, 28...
i
Mr. Fernandez: That's it.
Vice Mayor Plummer: ...29, and 30, 31, and 32, 33 are in-house items and
that they be deferred until such time as we can afford the public the right on
j the two items that are left.
Mr. Rodriguez: We, no...
Mayor Suarez: All right, let's just simply, for the moment, pass them up,
pass them over, table them, whatever the correct term is, and go on to the one
you excluded from that which was PZ-25, obviously involving...
Vice Mayor Plummer: Twenty-two is first.
Mayor Suarez: Twenty-two and then 25.
Mr. Jorge Fernandez: Twenty-five has been withdrawn.
Vice Mayor Plummer: It would be 22, 25, 34, 37, and 38.
Mayor Suarez: Twenty-five has been withdrawn, so it's 22 and then we'll do
the other ones that involve private parties.
Vice Mayor Plummer: Twenty-five or 357
Mayor Suarez: Please!
Commissioner Alonso: Mr. Mayor, 25 was not.
Mayor Suarez: Which ever the ones that are not in-house items, we will take
up the ones involving private parties, interested parties, and then we will
try to clean up the in-house items. We're not deferring on any right now,
please.
Vice Mayor Plummer: That's, if any time is left.
Mayor Suarez: If we have time left.
Vice Mayor Plummer: That's fine.
Mayor Suarez: I can't imagine anybody disagreeing with that, sir, but try me.
UNIDENTIFIED SPEAKER: We have a bunch of people for 30.
Mayor Suarez: Item 30. All right, he's got the Camillus tag on, but he's
here also on 30.
Mr. Rodriguez: Mr. Mayor...
Mayor Suarez: So we'll...
Mr. Rodriguez: Thirty-six.
Mayor Suarez: ...we'll also do item 30 on the strength of your request that
there are private parties interested in that. Yes, sir.
UNIDENTIFIED SPEAKER: I'm here on 23 and 24.
Mayor Suarez: We're going to go through these as quickly as we can.
Vice Mayor Plummer: No, 23 and 24 are in-house.
Mayor Suarez: But we've got interested parties, J.L.
Vice Mayor Plummer: Yes, I understand, but I think...
Mayor Suarez: They may be noncontroversial. Please, tell me, Mr. City
planners, which items, when we get to them, we can just simply move to the
back because they presumably don't involve the large numbers of interested
parties that we have here. OK, please.
180 January 24, 1991
33. BRIEF COMMENTS CONCERNING WITHDRAWAL BY APPLICANT OF PZ-36. (WITHDRAWN
ITEM WAS AN APPEAL BY VIRGILIO PEREZ [UPDATE CONSULTANTS INC.] OF ZONING
BOARD'S DENIAL OF VARIANCE TO ALLOW CONSTRUCTION OF 34-UNIT RESIDENTIAL
BUILDING AT 1402 SOUTH BAYSHORE DRIVE)
Mr. Rodriguez: OK, may I start by saying that PZ-36, we have the applicant
over here, and I would like him to withdraw that on the record. Which is...
Mayor Suarez: PZ-36. We have the applicant over here. We want to put what
on the record?
Mr. Rodriguez: Withdraw the item.
Mayor Suarez: On PZ-36. OK.
Mr. Ricardo Ruiz: Yes, sir, we agree. We have presented letters...
Mayor Suarez: Your name and...
Mr. Ruiz: My name is Ricardo Ruiz with Update Consultants, and we have
proffered a letter that we withdraw.
Mayor Suarez: Item 36 is withdrawn, all right. All right, PZ-22 and we'll go
through these. Keep it in mind your admonition, Vice Mayor Plummer, that any
that are totally in-house and don't involve any interested parties, we should
pass up for the ones that people are here on ready to do battle.
34. FIRST READING ORDINANCE: AMEND 9500 ATLAS - CHANGE DESIGNATION AT 720
N.E. 69 STREET FROM RG-2/5 GENERAL RESIDENTIAL TO RG-2/6 GENERAL
RESIDENTIAL (Applicant: Palm Bay Club Towers).
Mayor Suarez: Item PZ-22. We're going to go through all of them, sir.
Mr. Guillermo Olmedillo: PZ-22, it's an application for a sector change
number under 9500. It goes from a sector 5 to sector 6.75 FAR to 121 FAR.
The Planning Department is...
0
Mayor Suarez: From what FAR to what FAR?
Mr. Olmedillo: Point seventy-five to a 1.21.
Mayor Suarez: OK, who is here in opposition to the application of PZ-22?
Please raise your hand if you're here. OK, so far you're doing well, Steve.
All right. Can we swear in the... Planning is against, is that what you're
saying?
Mr. Olmedillo: That is correct. For the record, Planning Department is
recommending denial, and the Zoning Board recommends approval.
Mayor Suarez: Why don't we swear you in just in case, counselor, because I
have a feeling we may get questions from the Commission.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: Who could tell me quickest and the Commission what this is
about so that we can get any questions that may be from the Commission?
Steve Helfman, Esq.: For the record, Steve Helfman, 100 S.E. 2nd Street, on
behalf of the applicant, who is the owner of the Palm... what is known as the
Palm Bay Club. This is an application for a sector change in order that the
property owner can develop a 100 unit luxury condominium on the Palm Bay Club
site. If there are any questions for the... try to get to the items that are
behind me, I'd go ahead and waive the rest of my presentation.
181 January 24, 1991
Mayor Suarez: Very diplomatic of you, counselor.
Commissioner De Yurre: Mr. Mayor, I've been advised, and I know about this
issue and I got no problem with this, so I'm going to move to approve.
Mayor Suarez: So moved.
Commissioner Alonso: Yes.
Mayor Suarez: PZ-22.
Commissioner Alonso: And I will second the item. I had some concerns that
they were explained to me, they were worked out with the neighbors, and I have
no objections, so I second the motion.
Mayor Suarez: Moved and seconded. Any discussion? If not, please read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RG-2/5 GENERAL RESIDENTIAL TO RG-
2/6 GENERAL RESIDENTIAL FOR THE PROPERTY LOCATED AT
720 NORTHEAST 69 STREET, MIAMI, FLORIDA, ALSO
DESCRIBED AS TRACT "B" OF THE "AMENDED PLAT OF PALM
BAY CLUB", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 92 AT PAGE 70 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
182 January 24, 1991
35. DISCUSS AND TEMPORARILY TABLE PROPOSED SECOND READING ORDINANCE AMENDING
10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN) BY AMENDING GOALS,
OBJECTIVES AND POLICIES AS TO FUTURE LAND USE; INTERPRETATION OF FUTURE
LAND USE MAPS; HOUSING; SANITARY AND STORM SEWERS, etc. (Applicant:
Planning, Building & Zoning Dept.) (See label 42).
Mayor Suarez: PZ-23. Is there anyone from the general public here on this
item? Yes, sir, OK. Are you supportive of the application?
Commissioner Dawkins: Which is this now?
Mayor Suarez: PZ-23. Do you support the approval of this?
Mr. Jeff Tucker: No, I have a small complaint.
Mayor Suarez: So, you oppose it.
Mr. Tucker: Only in part.
Mayor Suarez: All right. Slightly oppose it. Can we swear in - gentlemen,
please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: Did you put your name in the record? If not, would you put it
retroactively understanding that you were the person just sworn in.
Mr. Tucker: Jeff Tucker, 1480 N.W. 7th Avenue.
Mayor Suarez: What is it basically about, in the simplest possible terms, and
then we'll hear his objections. Maybe we can solve it.
Mr. Olmedillo: PZ-23 is the language, the policies, goals, and objectives
contained in the Comprehensive Plan. As you know, we went through first
reading, we explained to you that we wanted to be more flexible, that we
wanted to request from the state that we have more flexibility in the
Comprehensive Plan and we have more latitude to make decisions.
Mayor Suarez: Do you have any idea what his complaint or concern is?
Mr. Olmedillo: No, sir, we haven't spoken to him to my knowledge.
Mayor Suarez: All right, what is your concern about this? It seems like...
Mr. Tucker: OK, it's...
Mayor Suarez: Mother pie and apple hood, as I always say.
Mr. Tucker: I'll try and be brief. It's both 23 and 24. Over the course of
the past two years, I've acquired certain property in block 25 of A.L.
Knowlton, it's map page 23. I made about a dozen trips to the Planning
Department to try and figure out what the zoning was on this property. One of
the items in number 24 is to - it's a Commission change, it's number 23-5...
or 23-3, I'm sorry. What happened was, originally these properties were zoned
commercial, then when they submitted this big huge neighborhood plan, somehow
it got changed to multifamily. Then they caught their mistake, and they're
bringing before you now to change this back to commercial. Which is fine and
dandy. I don't have a problem changing it back to commercial. The thing is
that during the two years that this has been happening, there came into
existence this SD-16 district, which overlays that area. And according to
this SD district, you need a minimum lot size of 15,000 square feet...
Mayor Suarez: Wait a minute. OK, the chambers, at some point in the near
? future, we hope, would be somehow sealed into one room. But so far, the noise
from back gets in here. We could barely hear ourselves speak or think and,
k
sir, if you would just get a little closer to the mike, that would help us a
lot.
183 January 24, 1991
Mr. Tucker: OK.
Mayor Suarez: Have you been able to ascertain from what he has said so far,
if his concern is one that we can resolve?
Mr. Tucker: It looks like it's right on top of it.
Mayor Suarez: Is one that is really a dilemma here or something that we can
just adjust?
Mr. Olmedillo: I believe he's talking about a follow-up zoning change,
because if it's a commercial district, then the Comprehensive Plan has a
commercial designation for it. We can move within the commercial range to any
one, but we would have to act on the zoning and change the zoning, and I don't
know if the one that he's suggesting for his property is the adequate one.
We'll have to come back through the process.
Mayor Suarez: Do you get the indication that if we approve this, what he
wants to do will become harder for him or easier?
Mr. Tucker: I haven't told you what I wanted to do yet.
Commissioner Alonso: Oh.
Mayor Suarez: OK. He doesn't seem to know. I mean, I have no idea what you
said. I was just hoping that he might.
Mr. Tucker: I'd be happy to tell you what I have in mind.
Mayor Suarez: And you have not privately discussed it with our staff either.
Mr. Tucker: Yes, I have. I've been there at least..
Mayor Suarez: That's what I was hoping, that he would know what, if anything,
we could do to assure you that you're OK with this or if not, that we could
make an exception for you, or if not, that we should simply...
Mr. Tucker: The problem was that...
Mayor Suarez: ...go back to the drawing board and not take final action on it
today.
Mr. Tucker: The problem was that over the past two years, this plan has been
changed around so many times and it's coming before you again for final
approval. During this time, they would not help me to make my change because
they said, wait till this comes up. Then come speak before the City
Commission. Come to this City Commission and make your amendment. This is
what I was told here...
Mayor Suarez: Do you want to table it and do a side bar with him?
Mr. Olmedillo: My suggestion would be that he submit the address or the legal
so that we can look at it very quickly, what we're doing the rest of it, and
then we'll have staff look at it and have a recommendation right back to you
to see what we can do.
Mayor Suarez: But no today.
Mr. Tucker: Believe me, I've tried...
Mr. Olmedillo: We can even do it while we're...
Mayor Suarez: Wait, wait, wait, sir.
Mr. Olmedillo: ...while we're doing the rest of the item maybe we can get
back to you right away.
Mayor Suarez: All right, so we're going to table the item, give him the legal
description, what you would like to do there, and see if your concerns can be
eased or resolved. Anyone else on - well, let's just table PZ-23 then.
a�
Mr. Rodriguez: Mr. Mayor...
Vice Mayor Plummer: Yes, I want to inquire what does it mean down at the
bottom where it says, updating dollar amounts and time frames?
Mr. Olmedillo: In the goals, objectives, and policies we have established
dates, certains, to accomplish certain things and investment that is necessary
to accomplish those things. What we've done is go back to the state and said,
we cannot accomplish these things that two years ago we thought we could. So
we're saying we're going to extend the time so that we have ample opportunity
to do whatever we were committed to within the Comprehensive Plan policies.
Mr. Rodriguez: Mr. Mayor...
Mayor Suarez: All right, PZ-23 is tabled unless you tell me a good reason
otherwise.
Mr. Rodriguez: No, I want to make sure that you understand that if we don't
take this item today, we have to take it on the next meet... wait, one
second...
Mayor Suarez: Don't tell me that now, tell me that before we leave today.
Please.
Mr. Rodriguez: This is a long regular agenda.
Mayor Suarez: All right, we'll try to resolve it today.
36. DISCUSS AND TEMPORARILY TABLE PROPOSED SECOND READING ORDINANCE AMENDING
10544 (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN) FUTURE LAND USE PLAN MAP,
BY CHANGING LAND USE DESIGNATIONS AFFECTING APPROXIMATELY FIVE PERCENT
OF THE TOTAL LAND AREA OF THE CITY (Applicant: Planning, Building &
Zoning Dept.) Discussion regarding Clemente Park. (See label 43).
Mayor Suarez: PZ-24. Is there anyone that wishes...
Vice Mayor Plummer: That's tied to this.
UNIDENTIFIED SPEAKER: Sir.
Mayor Suarez: OK...
Commissioner Alonso: Yes, I just...
Mayor Suarez: ...table PZ-24. Commissioner Alonso.
UNIDENTIFIED SPEAKER: Sir.
Commissioner Alonso: Yes - excuse me - let me make a clarification for the
record. We've been saying that we want to expedite the process with Clemente
Park. If we don't take 24 today, it means that you cannot continue with the
process of the park. Is that correct?
Mr. Olmedillo: That is correct because the first reading of the Comprehensive
Plan, we had that particular piece of property as an R-2 or a duplex
designation. We want to withdraw that particular strip of land to go back to
the PR designation that had before we went through first reading.
Commissioner Alonso: Exactly.
Mayor Suarez: And that is included in PZ-24?
Commissioner Alonso: So you need our action today.
Mr. Olmedillo: That's part of PZ-24.
Commissioner Alonso: Yes.
185 January 24, 1991
Mayor Suarez: OK, if... you would have no objection to that aspect of PZ-24,
do you, sir?
UNIDENTIFIED SPEAKER: I don't know which item I'm protesting.
Mayor Suarez: All right. What item are you here on? PZ-24?
UNIDENTIFIED SPEAKER: I'm protesting the zoning on the Miami River. That map
is wrong.
Mayor Suarez: The map is wrong. All right.
Commissioner Alonso: It's included.
Mayor Suarez: PZ-30, he thinks. Can you... let's table PZ-24. Somebody from
Planning please meet with the gentleman and see if his item - his concern is
not really related to PZ-24. Or if it is, and let me know, so that we can get
back to it. In any event, Commissioner Alonso wants to try to dispose of some
portion of it tonight because of the importance to Clemente Park.
Joel Maxwell, Esq.: Mr. Mayor...
Mayor Suarez: Yes?
Mr. Maxwell: If I'm not mistaken, the property Clemente Park is presently
designated in the Comp Plan as parks and recreation. Presently.
Mayor Suarez: Are you saying that her concern is not valid?
Mr. Maxwell: It is... the Planning Department can correct me if I'm mistaken,
but the item before you now would have redesignated that property as
residential because you have not officially acted on it, and you defer it, it
remains Park and Recreation.
Mayor Suarez: Well, counselor, you all resolve it to accomplish what we want
to do via a via Clemente Park, because we have 1.8 million dollars sitting
around waiting for these improvements, and tell us what it is. And don't tell
us all the things that are complex or convoluted, or otherwise inappropriate.
Tell us how to solve the problem. You know what we want. The item has been
tabled. Hopefully, when it comes back you can give me some nice simple
instructions instead of telling me all the things that are wrong with the
posture of it right now. OK...
Commissioner Alonso: What I want for the record is to clarify that later on,
they will come back to us and say the Commission didn't act on this item,
therefore, we're not able to complete the work at Clemente Park. I want us to
be responsible.
Mayor Suarez: I sure as heck don't want that to happen in the future, I agree
with you, Commissioner. OK, PZ... sir, we're going to try to resolve what
item it is that you're concerned about, and get to it. Has anyone from
Planning discussed with him what his item is so we can...
Mr. Olmedillo: I did briefly. I think there might be a scrivener's error in
the map. I explained to the gentleman that I would be willing...
Mayor Suarez: A scrivener's error.
Mr. Olmedillo: Yes, because thee is a double line...
Mayor Suarez: I thought we didn't have scriveners any more. All right.
Mr. Olmedillo: There is a double line precisely on the property that he
owns...
Commissioner Dawkins: Tell the gentleman there was a typographical error and
you.... and then he understands...
Mayor Suarez: How are we going to solve it, Guillermo?
Mr. Olmedillo: If we can approve that, yes, indeed, is a typographical error
or scrivener's error.
186 January 24, 1991
Mayor Suarez: As part of which item tonight, sir?
Mr. Olmedillo: It will not be in the item tonight. It is not part of any 23
or 24, because it's a zoning issue, it's a zoning matter. I can go back to
the office tomorrow, look at it, and make a determination to the gentleman.
Mayor Suarez: Why is he shaking his head? Is he related in any way to his
concerns?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Oh, all right. Would you please explain that to him or have
somebody from your staff explain that to him, so we can move on with this
agenda and he won't be concerned that we somehow are bypassing his concerns.
They have nothing to do with item PZ-23 or PZ-24?
Mr. Olmedillo: No, that will not affect them because if...
UNIDENTIFIED SPEAKER: I do not agree with C-1 on the Miami River.
Mayor Suarez: All right. C-1 on the Miami River. Is that somehow
encompassed within PZ-24?
}
Mr. Olmedillo: No, that's a zoning issue, sir.
------------------------------------------------------------------------------
37. DISCUSS AND CONTINUE PROPOSED SECOND READING ORDINANCE AMENDING 11000
ATLAS AT BLOCK BOUNDED BY BISCAYNE BOULEVARD, N.E. 60 STREET AND N.E. 5
COURT, AND 592 N.E. 60 STREET FROM 0-OFFICE TO GI -GOVERNMENTAL AND
INSTITUTIONAL STREET FROM O-OFFICE TO GI -GOVERNMENTAL AND INSTITUTIONAL
(Continue to meeting of February 28th) (Applicant: Cushman School).
Mayor Suarez: All right, PZ-25. He will try to explain to you how to solve
your part -....tar concern. Cushman School.
Commissioner Alonso: That's the Cushman School.
Vice Mayor Plummer: I move the item 25.
UNIDENTIFIED SPEAKER: Am I going to get to talk about this map over here that
they drew up? Today they changed the zoning with a red pencil.
Mayor Suarez: Not supposed to do that. I want to make sure that your
concerns are resolved before we leave here tonight.
UNIDENTIFIED SPEAKER: I want to say my piece tonight. I'll stay here all
night if I have to stay.
Vice Mayor Plummer: Twenty-five? Why?
Mayor Suarez: Well, we'll get to you if you're still think that somehow we
have not been responsive to your concerns. We don't want you to think that.
All right, PZ-25. Please, some quiet in the chambers!
Commissioner Dawkins: Second reading?
Mayor Suarez: Second reading.
Commissioner Dawkins: J.L. move, I second, so we can get out...
Mayor Suarez: Does anyone wish to be heard against the application of PZ-25?
Al Cardenas, Esq.: Yes.
Mayor Suarez: OK, sir.
Mr. Cardenas: But before that, because I think it will make his argument
moot. For the record, my name is Al Cardenas.
187 January 24, 1991
Mayor Suarez: You've been sworn in already, sir. Would you please raise your
right hand and be sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mr. Cardenas: For the record, my name is Al Cardenas, offices at 201 Biscayne
Blvd. Two things I want to mention to you. One, you couldn't really hear our
item unless you had previously approved 23 and 24. I think counsel and staff
will tell you that the approval of those items is a prerequisite to the
technical approval of ours, number one. Number two, one of the... there were
a number of things at first reading which we agreed to submit. Those items
have been submitted, the traffic plan and the covenants. However, there was a
technical requirement which is an opinion of title. Immediately after the
first reading, we went to prepare an opinion of title. We're almost finished,
but we still need a couple of signatures from the heirs of Laura Cushman who
died a couple of years ago. We've been tracing the heirs. We've now located
them, but we couldn't proffer the opinion of title and, therefore, we request
a continuance, if we may, to the next hearing so that we can proffer that
opinion of title.
Mayor Suarez: Or, if you wanted to table it for later on tonight, that may be
a possibility too since this gentleman wants to...
Mr. Rodriguez: Mr. Mayor, they are not ready with the papers.
Commissioner Dawkins: You can't, you can't.
Mayor Suarez: I'm sorry?
Mr. Rodriguez: They are not ready with the papers yet.
Mayor Suarez: Oh, OK.
Joel Maxwell, Esq.: They need an opinion of title that they don't have.
Mayor Suarez: Sir, do you have an idea of what this means? -other than the
fact that you'll have to come back for second reading?
UNIDENTIFIED SPEAKER: Yes, what else is there? Mr. Mayor, you're doing a
terrific job. Thank you.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Are they going to continue it?
Mr. Rodriguez: To February 28th.
Commissioner Dawkins: OK, I'll wait for the next meeting.
Mayor Suarez: OK, and...
UNIDENTIFIED SPEAKER: I have one request, Mr. Mayor.
Mayor Suarez: Yes, sir.
UNIDENTIFIED SPEAKER: I got five minutes notice today that this was to be on
the agenda here. I would like to have a little more notice than just...
Mayor Suarez: You're going to get a months notice because we're going to tell
you right now that your item is going to be heard on February 28th, and so
you're going to have...
Commissioner Dawkins: After 6:00 p.m.
Mayor Suarez: Right, and you're going to have a month's notice this time.
UNIDENTIFIED SPEAKER: February 28th? At what time? -5:00 o'clock?
Mayor Suarez; After five, we'll put it after five.
188 January 24, 1991
UNIDENTIFIED SPEAKER: February 28th, thank you.
Mr. Cardenas: Thank you.
Mayor Suarez: All right, that's in the form of a motion by Commissioner
Dawkins. Seconded by Commissioner Alonso. When she smiles, that's good
enough for me. Call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER ALONSO, PZ-25 WAS CONTINUED
TO THE PLANNING AND ZONING COMMISSION MEETING OF
FEBRUARY 28, 1991, AFTER 5:00 P.M., BY THE FOLLOWING
VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor J. L. Plummer, Jr.
Mayor Suarez: PZ-26. Is this an internal item or does anyone here on PZ-26?
Let the record reflect that no one stepped forward. Take it up in a few
minutes. PZ-27. Is anyone here on PZ-27?
Mr. Rodriguez: Same. Twenty-eight and... the same, 26, 27, 28, the same.
Commissioner Alonso: Twenty-six, 27, and 28 related items.
Commissioner Dawkins: So I move them. Can we move them all at once?
Commissioner Alonso: Historic preservation.
Mr. Rodriguez: Sure.
Commissioner Alonso: We can't.
Mayor Suarez: No, I'm just bypassing them.
Commissioner Dawkins: Bypassed them? OK, go ahead, Mr. Mayor.
Commissioner Alonso: One at a time, move it.
Mayor Suarez; The same with 28, PZ-28. No one is here on PZ-28. No one is
here on PZ-29.
NOTE FOR THE RECORD: At this point, agenda items PZ-
26, PZ-27, PZ-28 & PZ-29 were continued.
189 January 24, 1991
------------------------------------------------------------------------------
38. DISCUSS AND CONTINUE PROPOSED FIRST READING ORDINANCE AMENDING 11000,
ARTICLE 4, ZONING DISTRICTS, PR PARKS, RECREATION AND OPEN SPACE
DISTRICT, PERMITTED USES AND CONDITIONAL ACCESSORY USE, TO RECOGNIZE
EXISTING MARINAS AND ANCILLARY FACILITIES; C-2 LIBERAL COMMERCIAL
DISTRICT, PERMITTED PRINCIPAL USE, TO ALLOW OCCUPANCY OF PRIVATE
PLEASURE CRAFT AS LIVING QUARTERS (LIVE-ABOARDS), PROHIBITING PRIVATE
PLEASURE CRAFT AS LIVING QUARTERS IN ALL RESIDENTIAL DISTRICTS
(CONCERNING, ALSO, HOUSEBOATS AND HOUSE BARGES) - SCHEDULE WORKSHOP
(Continue to meeting of February 28th) (Applicant: Planning, Building &
Zoning Dept.)
Mayor Suarez% No one is here on PZ-30.
Unidentified Speaker: Yesl
Unidentified Speaker: We have a whole bunch of peoplel
Commissioner Alonso: Yes.
Mayor Suarez: I thought I'd sneak that in. All right. PZ-30. This is
not...
Commissioner Dawkins: What is PZ-307
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK. Well, the problem with that, ma'am, is that we can take -
please, please, please, we're going to need you at the microphone. But I'll
tell you, since I heard what you said, she said there's a lot of people
outside on behalf of the coalition of neighborhoods which includes a W for
Wynwood, and 0 for Overtown, and E for Edgewater, and what's the first letter?
Whatever. And we will just have to take notice of that.
Commissioner Alonso: She's not in that item, I don't think, no.
Mayor Suarez: I presume that people who are...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Alonso: She's not talking about 30, she's talking about the
Camillus House.
Commissioner Dawkins: Talking about Camillus House.
Mayor Suarez: Oh, that's 37.
Commissioner Dawkins: That's 37.
Commissioner Alonso: This is anchorage, the marina, and all of that.
Different item.
Mayor Suarez: All right. On item 30, is there anyone here that wishes to be
heard on item 307 I know you had said so. All right, it's a Planning
Department item.
Mr. Joe McManus: Yes, sir.
Mayor Suarez: OK, let's hear it from the Planning Department. Are you in
a...
UNIDENTIFIED SPEAKER: There are a bunch of people outside that can't get in.
Mayor Suarez: Ah.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: Then let them come down the hallway.
190 January 24, 1991
Mayor Suarez: Yes, we're going to have to... on item 30, we're going to have
to at least let them come in and be seen and be counted and so on. Presumably
in opposition to it? Is that the...
UNIDENTIFIED SPEAKER: Yes, in opposition.
Mayor Suarez: Yes, yes, we're going to have to. We're going to have to. We
have to see you, as the song says...
UNIDENTIFIED SPEAKER: All the people on the houseboat issue, please come in.
Mayor Suarez: PZ-30, houseboat. And you wanted us to start the afternoon
planning and zoning agenda at 4:00 p.m. Boy, the last time I ever listen to
you guys on scheduling agendas. Not that I ever did.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: PZ-30, houseboats. All right, Joe.
Mr. McManus: Mr. Mayor, members of the Commission, let me go through about
three points in the history of this, because I think it would be instructive
for audience. On March 31, 1987, this Commission passed an SPI-18 overlay
district for the Little River Canal portion of the Miami River. That's shown
in blue on the map. Provisions of that were that house barges were prohibited
in the blue area and live-aboards were prohibited as of June 31st, 1987 for
the area in blue. On February 26th, nineteen eighty...
Mayor Suarez: That's the area in blue on both the big map here and the little
one up on the insert at the top. All right.
Mr. McManus: On February 26, 1987, this Commission passed a motion directing
the administration to study extending the equivalent of SPI-18 over the
remainder of the Miami River with those same restrictions. That is
prohibiting house barges and eliminating live-aboards. Administration then
followed that up with the work on zoning ordinance 11000. And effective on
September 4, 1990, with the onset of zoning ordinance 11000, house barges were
prohibited Citywide and live-aboards were prohibited in all residential
districts, as shown in the red areas on the map.
Mayor Suarez: And the green areas mean what? Are you about to tell us that?
Mr. McManus: The green areas are the subject of tonight's proposal where
essentially we're trying to liberalize the provisions for live-aboards to make
it easier to put live-aboards in the green areas. Specifically, this proposal
tonight would grandfather the folks, the live-aboards in the Dinner Key
Marina. In C-2 it would allow the occupancy live-aboards for transients.
Commercial marinas are presently allowed by right. In SD-4, is most of the
area in green, permit occupancy of private pleasure craft as living quarters
by class 1 permit. That's something that's issued by the Building and Zoning
Department. Commercial marinas in that area are now allowed by right. And
further finally clarifying that occupancy in residential districts and not the
vessel, is prohibited by subsection 904.3. Thank you Mr. Mayor, members of
the Commission.
Mayor Suarez: And all of this was motivated and instigated by Planning or by
a desire to be consistent?
Mr. McManus: This started out approx...
Mayor Suarez: Or because of a need to grandfather in Dinner Key or why?
Mr. McManus: This started out about three months ago, where the folks in
Dinner Key reviewed the ordinance and were concerned that they... they wanted
to be grandfathered in. That is the live-aboards in the Dinner Key Marina.
Mayor Suarez: Doesn't even look like it has anything to do with Dinner Key.
Mr. McManus: Well, it's off the map.
Commissioner Dawkins: What is...
191 January 24, 1991
U
Mr. McManus: And the Waterfront Board has recommended approval of the item
tonight by a 4-3 vote.
Vice Mayor Plummer: As presented?
Mr. McManus: As presented.
Commissioner Dawkins: What...
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: What is a liveaboard and what is a houseboat?
Mr. McManus: A liveaboard is a boat that is used for living quarters or as a
dwelling unit. People live there year round.
Commissioner Dawkins: And a houseboat?
Mr. McManus: And a houseboat is a small boat usually about 30 feet long,
generally mounted on pontoons, it's a defined term which we included in the
ordinance. Houseboat is a vessel, private pleasure craft consisting of a hull
and superstructure supported in water by integral flotation devices, not
suitable for rough water and designed and manufactured to be self propelled.
Commissioner Dawkins: Does that mean that a houseboat will be permitted in
the green area that you got there now, according to what you just read?
Mr. McManus: Yes.
Vice Mayor Plummer: But not a house barge.
Ms. McManus: But not a house barge.
Commissioner Dawkins: Didn't we just... didn't we go through this for two
years to deny, to get them out of there, and now tonight, you're coming back
telling me to do what we fought three years - undo what we fought three years
to do. Is that what you're telling me?
Mr. McManus: Commissioner, what we had started three years ago was the area
in blue, on the Little River Canal, the small portion of the Miami River.
This Commission directed us to study extending that prohibition to the
remainder of the Miami River. We did in the Ordinance 11000, then was the
area in red, prohibiting house barges Citywide and live-aboards in the area in
red in the City's residential districts. That leaves, of course, all the
areas in green which are zoned much more liberal zoning, the waterfront
district, C-1 and C-2. It didn't...
Mayor Suarez: And you were not motivated to do this by any citizen
applicants? Just by yourselves?
Mr. McManus: No, this started out three months ago. This proposal tonight
was the folks at the Dinner Key Marina wanted to be grandfathered because they
weren't written into the ordinance.
Commissioner Dawkins: Grandfathered into what?
Mayor Suarez: Dinner Key is not even part of the pictorial scheme you've
shown us here.
Mr. McManus: Well, we couldn't show it, it's too far off the map.
Mayor Suarez: So you figured you'd leave that off the map, even though that's
what motivates our being here. Are the citizens that are here supportive or
against this?
Mr. McManus: My concern, very frankly...
Mayor Suarez: If you know.
Mr. McManus: ...Mr. Mayor, is that they have been led to believe that the
whole area tonight is open for discussion, including all the areas red, blue,
and green.
192 January 24, 1991
Mayor Suarez: And we're only talking about certain areas that you have...
Mr. McManus: Just the areas in green.
Mayor Suarez: ...marked as green, which are typically...
Mr. McManus: Very liberal zoning.
Mayor Suarez: ...very liberal, what you call very liberal zoning. Other
people might call it God knows what. But what is it in terms of the use? -
typically industrial?
Mr. McManus: Typically, it's industrial uses, liberal commercial uses.
Mayor Suarez: OK, once again, if any spokesperson for the citizens who are
here, if they're all on the same side - I don't know that they are - would
tell me whether they're here against this or in favor, and if they're from
Dinner Key, or if they're from the river. Yes, sir. Why don't you come up to
the mike? Give us your name. Just to know the posture before we get into
testimony on this.
Mr. Paul Cuchukian: My name is Paul Cuchukian, and I believe...
Joel Maxwell, Esq.: Swear him in.
Mr. Cuchukian: ...and I believe the majority of people are here against this
issue, and what the main...
Mayor Suarez: Is there anyone here from Dinner Key, for example? That is
here to make sure that the Dinner Key situation can be maintained. Would you
raise your hand. One person.
Mr. Cuchukian: Oh, no, no, no. He said raise my hand. I'm not from Dinner
Key. I know that, but I'm...
Mayor Suarez: You're a liveaboard at Dinner Key...
Commissioner Alonso: He is?
Mayor Suarez: ...and you're concerned... Is there anyone here that wants to
maintain live-aboards on the Miami River? Not eliminate, but maintain them?
All right.
Commissioner Dawkins: How many want to eliminate them?
Mayor Suarez: How many want to support - I mean, how many want to eliminate
them from the Miami River? -and are here because they're concerned about that?
OK. I'm all confused. What is the controversy about?
Vice Mayor Plummer: The controversy, Mr. Mayor, I think that you...
Mayor Suarez: Oh, what he was getting to, I guess. That they thought some of
them might have thought that they were going to be in the red areas or the
blue areas or whatever, were actually most of these people possibly, if we
discussed with them where they are, are actually in the green areas, will
actually be able to have these live-aboards? Is that what...
Mr. Cuchukian: No, Mr. Mayor, I think he's trying - he's misleading you,
whether intentionally or not.
Mayor Suarez: I don't see a controversy here. In the law, we would say
there's no case or controversy.
Vice Mayor Plummer: The controversy, Mr. Mayor, you might recall started back
up in Belle Meade. OK?
Mayor Suarez: Oh, I recall the controversy for Belle Meade, but I don't see a
controversy for the green areas here.
Vice Mayor Plummer: All right, the same problem exists possibly here that
existed in Belle Meade.
193 January 24, 1991
a
Mayor Suarez: But I don't see two sides here.
Vice Mayor Plummer: In which a residential piece of property was left vacant
and the person only lived on the boat. That is the problem of the
controversy.
Mayor Suarez: But there's nobody here that is against that for the green
areas that I can ascertain so far.
Commissioner Dawkins: You know, when did the administration discuss this with
i
me in my office?
Mr. Rodriguez: We haven't discussed it with you, sir.
Commissioner Dawkins: OK, so now you got a controversy here...
Mayor Suarez: No.
i
j Commissioner Dawkins: Well, I don't care... you got an issue here that
concerns a lot of people out here. I don't know nothing about it. And you
got it up here for me to listen, and I... which is unfair.
Vice Mayor Plummer: Defer it.
Commissioner Dawkins: See, and I don't know about nobody else up here, but
I'm very angry. See.
Mr. Rodriguez: What we need, sir, we went through the Commission Awareness
Program.
Commissioner Dawkins: Beg your pardon? We'll go to what?
Mr. Rodriguez: We went through the Commission Awareness Program on this
issue, but I'll very gladly...
Commissioner Dawkins: Why would you put it on the agenda without having
familiarized each Commissioner with it?
Mr. Rodriguez: OK, I will spend some time with you, sir, if you want to
s continue this item and we'll go...
Commissioner Dawkins: Yes, but you going to spend the time with me, but what
am I going to tell these people who took off from their homes and their jobs
to come here tonight and think we're going to settle this tonight? What can I
tell them? I got to tell them that I don't know what you're talking about. I
mean, I don't know what to vote on.
Vice Mayor Plummer: Defer it.
Commissioner Dawkins: And I don't even know what we're discussing.
Mr. Cuchukian: I think it's real simple. There's some bureaucrat in the
Planning Department who doesn't like houseboats and they're trying to slip
this through and deprive all of us of our homes.
Mayor Suarez: Wait, wait, wait, that's not clear because the...
Commissioner Dawkins: No, I will not accept that.
Vice Mayor Plummer: That's not the issue before us.
Mayor Suarez: No, that's not clear at all, because the...
Vice Mayor Plummer: What our Planning Department is...
Mayor Suarez: ...the green areas which is the only thing before us, are
actually to allow live-aboards.
Commissioner Alonso: To allow the....?
Mayor Suarez: No?
194 January 24, 1991
AWL
Mr. Cuchukian: I beg to differ, Mr. Mayor.
Mayor Suarez: Oh?
Mr. Cuchukian: It very clearly describes in the PZ-30 planning fact sheet
that I received, that they are absolutely unequivocally any place within the
City of Miami limits, outlawing liveaboard houseboats and house barges. So
that's why I think that he's trying to mislead you.
Vice Mayor Plummer: That's not what I read.
Mayor Suarez: Is he misreading it? Wait a minute, wait a minute, sir. Is he
misreading it, Joe?
1
Commissioner Alonso: He's talking about this page.
Mr. McManus: Well, it's a case here of who's misleading who. I've tried to
explain it. He doesn't believe it. So I don't...
Mr. Cuchukian: It's a picture.
Mr. McManus: What we're proposing here...
Mayor Suarez: Wait, wait, wait, sir. I didn't ask you.
Mr. Cuchukian: OK.
Mayor Suarez: Do you believe that he is misunderstanding it...
Mr. McManus: Yes.
Vice Mayor Plummer: Yes.
Mayor Suarez: ...because it sounds to me like you're saying that the green
areas will permit it.
Mr. McManus: Yes.
Mayor Suarez: Is there anyone here, once again, who is against permitting
live-aboards as proposed by this ordinance in the green areas outlined in this
map? Would you lift it, Guillermo, please and show it to them. And Dinner
Key.
Vice Mayor Plummer: Live-aboards in what fashion?
Mayor Suarez: Well, we're going to get to your concerns, Commissioner, which
I'm sure you're going to have because you always delve into it.,
Vice Mayor Plummer: I am opposed to house barges.
Mayor Suarez: All right, but I want see if the citizens are here in oppo...
Vice Mayor Plummer: As a second residence on a single piece of property.
Mayor Suarez: All right, is there anyone against the live-aboards proposed to
be allowed in those green areas here and are you here for the purpose of
opposing it?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mayor Suarez: The green area....
Mr. Wallace Crite: Sir, I was trying to point out before. See that little
red island?
Mayor Suarez: What was your name again? Put your name in the record.
Mr. Crites Wallace Crite, 135 S.W. South River Drive. That little red island
down there is wrong. That's not zoned residential. That's what I was trying
to point out before, and I think it's zoned C-1. But I think the zoning
should be SD-4, because it's on the river, and it's commercial.
195 January 24, 1991
Mayor Suarez: Do you have any concern about live-aboards at all?
Mr. Crite: Sir?
Mayor Suarez: Are you concerned - are you here because you're concerned about
live -aboard?
Mr. Crite: No, I'm concerned about that map being wrong, and I'm concerned
about zoning.
Mayor Suarez: All right, I just want to clarify that point. Maybe your
problem can be resolved otherwise.
Commissioner De Yurre: Mr. Mayor, if I may, for a second.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: What is quickly the concern, why you've gone through
this process. What are you trying to eliminate?
Mr. McManus: We aren't trying to eliminate anything, Commissioner. What
we're trying to do is to liberalize the use of live-aboards in the green
areas. That's tonight's proposal.
Commissioner De Yurre: So, are you saying that by doing this, more people
will be able to live aboard in the river?
Mr. McManus: Certainly, in the green areas.
Mr. Cuchukian: Point of information.
Commissioner De Yurre: OK, well, hey, hey...
Mayor Suarez: Wait, wait, sir, you're not recognized yet.
Mr. Cuchukian: All right.
Commissioner De Yurre: OK, so nobody asked you for this, you kind of did it
on your own. Is that it?
Commissioner Dawkins: No, we ordered him to.
Mr. McManus: No, no. We started out three years ago with the areas in blue.
Commissioner De Yurre: So it only took three years to get here.
Mayor Suarez: Because there was a great controversy about the areas in blue.
Mr. McManus: At that point, in 1987, the Commission directed the
administration to study the extension of SD-18 over the remainder of the Miami
River. OK. We were at that point working on Ordinance 11000.
Mayor Suarez: Joe, if we did nothing tonight to pursue the line of inquiry of
Commissioner De Yurre, if we did nothing tonight would these people be
satisfied as to their current status? As far as you know.
Vice Mayor Plummer: They can't live there.
Commissioner Alonso: They are illegal now.
Vice Mayor Plummer: They can't live there.
Commissioner Alonso: It's an illegal situation now.
Mayor Suarez: Are you telling us that they have an illegal, nonconforming use
if they have live-aboards in those areas now? -those green areas?
Mr. McManus: I would suppose so, yes.
Vice Mayor Plummer; Yes.
196 January 24, 1991
i
j; Mayor Suarez: What do you mean, you suppose so?
�I
Mr. McManus: Otherwise they wouldn't be here.
j
Commissioner Alonso: According to what we have in the books now.
j Mayor Suarez: We don't know?
i
, UNIDENTIFIED SPEAKER: I would like to know what happens with the ones that's
has license, that's been paying them since 162?
I'!
Mayor Suarez: Wait, wait, ma'am. Wait, you've not been recognized.
�i
Mr. Rodriguez: You know, we don't know where all these people, whether they
are legal, nonconforming or not, because they haven't told us where they are
specifically.
Mayor Suarez: Well, presuming that they are, in fact, in the green areas, and
they are, in fact, in live-aboards of the types that we're familiar with, are
they nonconforming? -because of prior action that we took because I don't
remember taking it. Only as to the blue area.
Vice Mayor Plummer: You did, 11000.
Mayor Suarez: So we created the problems for ourselves by not...
3
Mr. McManus: What we wanted to do, Mr. Mayor, with the areas in green, was to
be very sure that the people there were grandfathered, protected, we're
encouraging live-aboards in the area.
Mayor Suarez: Not grandfathered, they're permitted live-aboards is what
you're saying.
Mr. McManus: Yes.
Mayor Suarez: All right.
Mr. McManus: And this was triggered by Dinner Key.
Mayor Suarez: So far, I haven't found anybody whose got a problem with that,
but I maybe missed the point.
Commissioner Dawkins: May I ask one question, and I'll be finished, Mr.
Mayor.
Mayor Suarez: Commissioner Dawkins.
Commissioner Dawkins: Have you had public hearings and discussion with people
in all - from first green dot all the way up? Have you been in the community
and had meetings?
Mr. McManus: Not with regard to the areas in green. That's tonight's public
hearing.
Commissioner Dawkins: OK, but yet still, when they start calling my office
and saying that we did this, and you didn't discuss it, what am I supposed to
tell them?
Mr. Rodriguez: We have hearings with the Planning Advisory Board...
Mr. McManus: And the Waterfront Advisory.
Mr. Rodriguez: And the Waterfront Board.
Commissioner Dawkins: No, no, no. See, I asked you guys questions and you're
like my wife, you answer like you want. OK?
Mr. Rodriguez: I think I like her.
Commissioner Dawkins: All right, now. I'm going to ask you again. Did you
go in the community and have meetings with the people in the community, and
explain to everyone, those on the live-aboards and those off the live-aboards,
what you were doing with this?
197 January 24, 1991
Mr. Rodriguez: We advertised in the same way that we advertised it for
tonight, and...
Commissioner Dawkins: Did you go in the community?
Mr. Rodriguez: We never go to the community.
Commissioner Dawkins: Thank you, it's no. The answer is no.
Mr. Cuchukian: Could I ask one question, please?
Mayor Suarez: Yes, so far every question you ask complicates it more for us,
but go ahead.
Mr. Cuchukian: OK, in the paper that I got, I read here specifically excluded
from all districts are house barges. Now, that tells me...
Mayor Suarez: That's probably legal wording which means, except for the
following situations.
Commissioner Alonso: Barges, yes.
Vice Mayor Plummer: House barges?
Mr. Cuchukian: But, no, there is no except. That tells me I cannot live on
my houseboat.
Mr. McManus: Mr. Mayor, Mr. Mayor...
Mayor Suarez: All right, then we may have a little discussion here....
Vice Mayor Plummer: Yes.
Mr. McManus: Mr. Mayor...
Mayor Suarez: ...because I hear him over there trying to say that there is
something to that effect.
Mr. Cuchukian: That's what I want him to say.
Vice Mayor Plummer: House barges are bye bye.
Mr. McManus: Mr. Mayor, we have excluded house barges.
Mayor Suarez: We are excluding house barges. So maybe there is a controversy
as to what is it that...
Mr. Cuchukian: So?
Mayor Suarez: Sir...
Mr. Cuchukian: All right, you're right.
Mayor Suarez: ...you've not been recognized. What is the definition of a
house barge?
Mr. McManus: A house barge is a vessel manufactured, designed, or modified or
used, or intended to be used as a residence comprised of a dwelling unit
floating on the water which is not self-propelled, designed or manufactured
with a system of propulsion.
Mayor Suarez: Something you pull? Something that looks like a house and
floats on water.
Mr. Rodriguez: Right.
Mayor Suarez: That's the way I would define it.
Mr. McManus: And we have the illustrations...
198
January 24, 1991
Mayor Suarez: Doesn't have it's own mode of power. All right. In fact, that
is a house.
Vice Mayor Plummer: And, in fact, pays no ad valorem taxes.
Mayor Suarez: Very good. You got your Newsweek cover there.
Mr. McManus: And if you will recall, Mr. Mayor...
Mayor Suarez: Why are we going to make those illegal?
Mr. McManus: Mr. Mayor, if you'll recall, last fall, Mr. Jack Weiss, who was
honored...
Mayor Suarez: Forget last fall.
Mr. McManus: ...by having a house barge roll up on his shore down here in
Coconut Grove.
Commissioner Alonso: We know that.
Mayor Suarez: I don't give, you know what. Why would we make them illegal
now?
Commissioner Alonso: Mr. Mayorl
Mayor Suarez: Is there because of that possibility of one running into
somebody? Is that...
Vice Mayor Plummer: No, there's a lot of reasons, Mr. Mayor, on house barges.
OK? One of the reasons is the same reason I have with the problem with the
anchorage, is that they are attached to a single family residential lot in a
number of cases...
Mayor Suarez: Well, in this case, presumably all industrial.
Vice Mayor Plummer: Well, they could presume what they want, but none of them
pay ad valorem taxation. They are demanding and receiving City services. You
pay ad valorem on a house barge?
Mr. Cuchukian: I'm not on a single family residence. I'm on an apartment
building and I don't receive services.
Vice Mayor Plummer: I'm saying on single family... sir, you live aboard. Do
you pay ad valorem taxation?
Ms. Carol Fenner: Yes, through your rent....
Mr. Cuchukian: Yes, it's in my rent.
Vice Mayor Plummer: For what?
Mr. Cuchukian: It's included in my rent to the landlord of the apartment
house that I'm docked at.
Vice Mayor Plummer: No, sir, you are not, in fact, paying ad valorem
taxation. You demand..... ma'am, excuse me...
Mayor Suarez: OK, wait, wait, wait, no, I see the argument, and I'm not sure
I agree with the Vice Mayor, but I see what he's saying, OK.
Vice Mayor Plummer: There is a demand for public municipal services that has
to be provided. If you need a policeman, you call the City. If you need a
fireman, you call the City. You are not paying ad valorem taxation and you
are a resident of the City of Miami. You vote in the City of Miami. Yet, you
do not, as I pay for ad valorem taxation for the right to live in this City,
you do not pay it. And that's wrong.
Mayor Suarez: I guess the concept is that they're living on navigable waters,
and your concern, of course, is that if we had enough people living on
navigable waters, they wouldn't be navigable.
199 January 24, 1991
Vice Mayor Plummer: If everybody lived on the water, where do we run to get
the money to run a City?
Mayor Suarez: That's exactly it. OK...
Vice Mayor Plummer: They pay no school tax....
Mayor Suarez: Wait, wait, wait, I just want to understand what the argument
is about.
Vice Mayor Plummer: They pay no school tax because their children go to
schools. They do not pay for police, fire and other kind of services that we
have to provide. And why should I, as a taxpayer in this City, have to
subsidize them? They're getting the same services that I'm getting, yet I'm
paying for it and they're not.
Mayor Suarez: OK...
Vice Mayor Plummer: That's wrong!
Mayor Suarez: Other than that argument - which I happen not to agree with,
although I understand it - what else is at issue here? Supposing we were to
say we would like to not prohibit adequately sized barges, as we presumably
have not prohibited them in the past - or at least it isn't clear - but seems
like we didn't.
Vice Mayor Plummer: We don't at Dinner Key.
Mr. McManus: Mr. Mayor...
Mayor Suarez: And we don't at Dinner Key.
Mr. McManus: Mr. Mayor, we...
Mayor Suarez: And if we were inclined to do that, what would be the pending
arguments? Yes.
Mr. McManus: In 1987, with the onset of SPI-18, the City moved to enforce
that ordinance, delivered violation notices to approximately 18 liveaboards.
We were promptly taken to court. We've been in court ever since.
Mayor Suarez: Where were those located, Joe?
Mr. McManus:_ They were on the blue area in the Miami River and there might
have been a couple in the...
Mayor Suarez: That's the area we delved into to regulate, but I'm not talking
about that. I'm talking about these industrial areas. OK, as for myself, I
would have no problem voting to maintain the ability to live in house barges
of appropriate size and so on in the industrial areas of the river and in
Dinner Key.
Vice Mayor Plummer: Oh, at industrial areas, no.
Mayor Suarez: Yes, that's the areas that they have tried...
Vice Mayor Plummer: But, are we going to, in some way, receive compensation
from municipal services that are provided?
Mayor Suarez: Well, what they're saying, I think, is that if they're hooked
to water and if they're hooked to any of those kinds of services, somehow
they'll end up paying for it because they'll have to pay whoever is giving it
to them. If what you're saying...
Vice Mayor Plummer: No, no, no, Mr....
Mayor Suarez: ...wait, wait. What you're saying is that by virtue of having_
real estate in the City of Miami, which is worth money, you have to pay a real
estate tax, that kind of tax they don't pay because they're not in that sense
real estate in the City of Miami. They're a floating real estate on the Miami
River so they don't pay those kind of taxes. That is a philosophical dilemma
we've got here, and we've got to decide which way we...
200 January 24, 1991
Vice Mayor Plummer: But, Mr. Mayor, excuse me. If, in fact, an industrial
piece of property - and I have no problem with them existing on an industrial
piece of property - if, in fact, there is a building on that property, they
are paying on the assessed value of that property. And if you had ten
houseboats or ten house barges attached to it, don't tell me that we are
collecting the revenue to run this City.
Mr. Cuchukian: Absolutely.
Vice Mayor Plummer: Absolutely notl
Mayor Suarez: I don't think we appraise it based on a number of barges tied
to it. You're right. That's why I agree with you.
Vice Mayor Plummer: Mr. Mayor, you know that appraisals are done on the value
of the property...
s Mr. Cuchukian: Exactly.
I
Vice Mayor Plummer: ...not how many house barges are attached to it.
Mayor Suarez: I agree with you, I agree with you, and yet I disagree with the
conclusion you draw from that.
i Ms. Fenner: Yes, but the value of the property is much more when its
waterfront. I have owned residential waterfront property...
Mayor Suarez: What is your name, ma'am? What is your name?
1
Ms. Fenner: My name if Carol Fenner of 2540 N.W. 18th Terrace. This land was
assessed much more because of its being waterfront, and it was more valuable
because of the riparian rights.
Vice Mayor Plummer: Ma'am, if whether you are attached to that property or
not...
Commissioner Dawkins: But, J.L....
Vice Mayor Plummer: ...it does not change the assessment.
Mayor Suarez: OK, she thinks...
Vice Mayor Plummer: It is waterfront property.
Mayor Suarez: ...she thinks because it's waterfront, it does and she may be
right. OK, Commissioner Dawkins.
Vice Mayor Plummer: She's probably right.
Ms. Fenner: It's passed on to the tenants...
.1 Mayor Suarez: Wait, wait, wait, ma'am.
Ms. Fenner: ...from landlords the same as rental ashore is. There are no
more freeloaders than renters in apartment houses are.
Vice Mayor Plummer: In apartment house docks?
Ms. Fenner: Apartment house tenants pay their taxes through higher rents to
their landlords who do pay the taxes directly.
Vice Mayor Plummer: That is an assessment, ma'am. That is an assessment.
That piece of property, industrial, you are going to pay on the assessment,
whether there is houseboats attached to it or not.
Mayor Suarez: You know, one way to solve his problem is to make sure that the
property appraiser, in fact, appraises - if he could legally do so - any
attached houseboats or barges to real estate located in the City and otherwise
taxable. But, I'm not sure how easy that would be to do that. Commissioner
Dawkins.
201 January 24, 1991
6 0
Mr. Cuchukian: Mr. Mayor, if this...
Mayor Suarez: Wait, wait, sir.
Mr. Cuchukian: OK.
Commissioner Dawkins: No, that's OK.
Mayor Suarez: All right, let me do this. We're drawing on 8:00 o'clock, we
still have a few other items to solve. We have Camillus House and a few other
items. Vice Mayor Plummer definitely has a strong view on this, although you
just said - I thought I heard you say - that if it's on industrial
properties...
Vice Mayor Plummer: I have no problems.
Mayor Suarez: ...it doesn't bother you. Are you sure, Joe, that these green
areas have been drafted to include only...
Mr. McManus: All the green areas, they're all the liberal commercial
industrial areas.
Mayor Suarez: Liberal commercial and industrial areas. Does that still
create a problem for you, Vice Mayor Plummer, if we then...
Vice Mayor Plummer: No, sir, I have no problem with them being attached to an
industrial or liberal commercial zoning.
Mayor Suarez: How could we then define - assuming the rest of the Commission
were to follow suit...
Mr. Cuchukian: No, wrong.
Mayor Suarez: ...you've got people here that are not in the green areas?
Mr. Cuchukian: Yes, sir, yes, sir.
Mayor Suarez: Because you're not affected by the actions today.
Mr. Cuchukian: Yes, I am because they're saying it's green - this is a
landlord who owns the adjoining property which I believe has the same zoning
as mine - which is residential. And to answer his question...
Mayor Suarez: Where is his property on that?
Mr. Cuchukian: Twenty-second and...
Mayor Suarez: No, no, I mean, is it one of the green, red, or blue areas?
Mr. Cuchukian: It's one of the green.
Mayor Suarez: It is green then.
Mr. Cuchukian: Yes. So that's why I'm saying there...
Commissioner Alonso: Well, if it's green, have no problem.
Mayor Suarez: Well, does he have a problem with that?
Mr. Cuchukian: Yes, because he says green is commercial, and the Zoning
Department tells me it's residential.
Mayor Suarez: Sir, as long as the ordinance we're passing today reflects that
that land of his is included in what call a green area and, therefore, is
allowed to have a barge or a houseboat, as we define it, you are satisfied?
Mr. Cuchukian: No, but it specifically excludes...
Commissioner De Yurre: Mr. Mayor...
Mr. Cuchukian: ...house barges. That's if you pass this.
202 January 24, 1991
Mayor Suarez: We are about to change that possibly, if you would listen for a
?' second.
i'
�x
Mr. Cuchukian: OK.
t�
4S
Commissioner De Yurre: Jesus Christ.
�S
Mr. Cuchukian: And if I could add one thing. If I have waterfront property
without a dock, I get assessed at a certain value. The minute I add a dock,
it's improved property...
Mayor Suarez: You bet your life.
Commissioner Alonso: Of course.
Mr. Cuchukian: My assessment goes up...
Mayor Suarez: You bet your life.
Commissioner Alonso: Sure.
Mr. Cuchukian: I pay more property taxes and I cannot have a house barge...
Mayor Suarez: But you only pay for the dock, not necessarily for all the
things that are tied to it.
Vice Mayor Plummer: That is not a correct...
Mr. Cuchukian: But realistically, I do pay more for that.
Mayor Suarez: You won that part of the argument before. I wouldn't press it
too much.
Mr. Cuchukian: This is the land owner.
Mayor Suarez: All right, Commissioner De Yurre, what problem do you have with
taking action on the green areas?
Commissioner De Yurre: No, my concern is that I don't think we know what the
hell is going on here.
Commissioner Dawkins: I second the motion.
Commissioner De Yurre: Let's face it, you know, everybody is arguing and
these are concerns and we're talking about peoples' homes, peoples' property
that what I would suggest they can walk out of here with some peace of mind is
that we schedule now with the Department, a hearing that they can all come,
check with the administration, alleviate their concerns, and come to an
understanding so then that we can intelligently deal with this issue based on
their input. But, you know, now we can't deal it. Eight o'clock, we got 500
people here, whatever we got, and I think that it's not the proper time or
conditions to really go through this process.
Commissioner Dawkins: And I also think that Carl Goldfarb should run a whole
weekly series on what this is, that what we're talking about so the citizens
will know what it is.
Commissioner De Yurre: Well, I make a motion, Mr. Mayor...
Commissioner Alonso: They can send a letter to him telling him, locate
mine...
Commissioner De Yurre: ...that we set a time certain that all concerned
people can get together with the department and go through this process and,
you know, go through this effort.
Mr. Rodriguez: If you desire, we can schedule so they will know here tonight
for the...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
203 January 24, 1991
3 'i
E UNIDENTIFIED SPEAKER: Yes, but it would be better and then we can find out.
E Mayor Suarez: Please.
Mr. Rodriguez: ...for the night of February 13th, which is a Wednesday at
7:00 p.m. in the chamber.
Commissioner De Yurre: Seven o'clock, February 13th, right here.
Mr. Rodriguez: Excuse me, let us move it earlier so that we can have more
time in case we go for a long time.
j Commissioner De Yurre: OK, 6:55.
1 Mr. Rodriguez: Is 5:30....
Mr. Cuchukian: A lot of people work, and 7:00 o'clock would be better,
6:30...
i
Mr. Rodriguez: Six o'clock. , g
Commissioner De Yurre: Seven o'clock.
Mr. Rodriguez: Seven o'clock, workshop.
Mayor Suarez: Please, please, please.
Commissioner De Yurre: OK? Seven o'clock, February 13th.
Mayor Suarez: Let's not backtrack when we have the workshop and when it comes
back to the Commission. So far, you've heard at least two of us say that we
have no problem with an appropriately defined barge...
Mr. Rodriguez: Oh, sorry.
Mayor Suarez: ...being anchored off of an industrial or liberal commercial
area in the City of Miami on the river, and Dinner Key for that matter. If
that is the case, please don't bring this back any more complicated than that
after having these hearings. I mean, I'm just warning you because...
Vice Mayor Plummer: House barges are not allowed now at Dinner Key.
Mr. Rodriguez: House barges are not allowed, Mr. Mayor.
Vice Mayor Plummer: They're not allowed at Dinner...
Ms. Fenner: Mr. Mayor...
Mayor Suarez: So far, you have heard two out of the five of us say we have no
problem with them being allowed by whatever...
Mr. Rodriguez: We'll bring a recommendation, sir.
Vice Mayor Plummer: Huh?
Mayor Suarez: ...appropriate ordinance we are to pass that would satisfy and
please the people who are here. Maybe we'll get at the hearings all kinds of
people who are against it. I don't know. So far, we don't have them tonight
and I sure wouldn't want to back track if it turns out that everybody favors
an idea. My God! All right, we have a motion to continue until that -
actually the continue is indefinite...
Mr. Rodriguez: No, the 28th.
Mayor Suarez: Oh, you still intend for it to be back on the 28th here for
final determination with a workshop to be held on...
Mr. Rodriguez: On the 13th at 7:00 p.m. in the chamber.
Mayor Suarez: The 13th at 7:00 p.m. in these chambers. So moved and
seconded. Right? Call the roll.
204 January 24, 1991
Mr. Cuchukian: Thank you, sir.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 91-89
A MOTION TO CONTINUE A PROPOSED FIRST READING
ORDINANCE (CONCERNING EXISTING MARINAS AND ANCILLARY
FACILITIES, LIVEABOARDS, HOUSEBOATS) TO THE CITY
COMMISSION MEETING SCHEDULED FOR FEBRUARY 28, 1991;
FURTHER INSTRUCTING THE ADMINISTRATION TO HOLD A STAFF
WORKSHOP WITH AFFECTED PARTIES IN CONNECTION WITH SAID
ISSUE AT CITY HALL, IN THE CHAMBERS, ON WEDNESDAY,
FEBRUARY 13, 1991, AT 7:00 P.M.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
r
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Cuchukian: Can we get a copy of that map?
Vice Mayor Plummer: Chaos.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: It's going to be important so that the citizens can deal with
this that we - Joe, that we somehow reduce this to a plan or...
Mr. Cuchukian: Are you Joe? Are you Joe? Who's Joe?
Mayor Suarez: ...ma'am, you can argue with him at the workshop, you can argue
with him...
Mr. Cuchukian: Can we get copies of this?
Mayor Suarez: ...by calling him. I'll give you his number right now. You
can call and argue with him. I do it all the time. Except the law doesn't
allow me to do it all the time.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, ma'am, ma'am, please. You can call him up. I'll
give you his number, bug him all you want. Is there anyone here on PZ-31?
Raise your hand if you're here on PZ-31.
Vice Mayor Plummer: Get a free ride. Of course, it's going to grow. Hey,
I'd like to move my house onto a barge. I don't pay $5,000 a year.
Mayor Suarez: Is there anyone here on PZ-32? Is there anyone here on PZ-33?
NOTE FOR THE RECORD: At this point, agenda items PZ-
31, PZ-32 and PZ-33 were continued.
205 January 24, 1991
------------------------------------------------------------------------------
39. DENY APPEAL BY COCONUT GROVE CIVIC CLUB - AFFIRM ZONING BOARD'S GRANTING
OF VARIANCE TO ALLOW CONSTRUCTION OF CARPORT IN FRONT OF STRUCTURE AT
1917 TIGERTAIL AVENUE, WITH PROVISOS - ACCEPT COVENANT (Appellant:
Coconut Grove Civic Club; Applicant: Michael D. Danaly).
------------------------------------------------------------------------------
C
1
Mayor Suarez: Is there anyone here on PZ-34?
UNIDENTIFIED SPEAKER: Yes.
i
Mayor Suarez: PZ-34. OK. Quest que c'est? What have we got? I'm not on
38, I'm on 34. OK, PZ-34, Coconut Grove Civic Club is the applicant, the
!� appellant, 1917 Tigertail Avenue is the address.
CROWD NOISE
Mayor Suarez: Please! OK, Guillermo.
Mr. Guillermo Olmedillo: Mr. Mayor, Commissioners, this is an appeal to the
Zoning Board's decision to grant a variance to allow a carport...
Mayor Suarez: Get closer to the mike. Madam City Clerk, give us a little
more sound, please. Give us a little bit more sound. Do whatever you have to
do.
Mr. Olmedillo: ...for a carport with a 3.5 foot front setback instead of a 20
foot setback, which is the one applied for at the... in the zoning ordinance.
The Planning Department has recommended denial. There's no hardship. The
Zoning Board granted it on a 6-2 basis and the appellant usually speaks first.
Mayor Suarez: OK, all people who expect to testify in regards to PZ-34...
Commissioner Dawkins: What is 34?
Mayor Suarez: ...please, including you, Jim, raise your right hand and be
sworn in. Counselor, please, Jim, raise your right hand. Are you basically
representing the Civic Club? All right.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Suarez: OK, we hear from the appellant first. That would be Jim
McMaster, having heard from the City.
UNIDENTIFIED SPEAKER: Jim, you wouldn't mind giving me one, or are you going
to mislead them again tonight? Thank you.
Commissioner Alonso: Yes, I'd like to know the green color, what is...
Mayor Suarez: Once again, we need quiet. I'm sorry, Commissioner. Quiet in
the chambers) Everybody please cooperate with us, we're pretty close to the
end of our agenda. Not that we have resolved everything, but at least we're
going through it.
Mr. Olmedillo: The green is a...
Mayor Suarez: Please, in the back! Ma'am, whoever.
Mr. Olmedillo: The green is a mail response saying that they agree with the
application.
Commissioner Alonso: They agree. OK.
Mayor Suarez: OK, Jim.
Mr. Jim McMaster: Jim McMaster, 2940 S.W. 30th Court, Coconut Grove and
a Thelma Altschuler was here from the Tigertail Association, was here earlier
and she asked me to speak for the Tigertail Association also. We finally
tonight have a very clear cut issue, The new zoning ordinance 11000 gave the
206 January 24, 1991
single family districts a larger front and rear setback, 20 foot in this case.
This is the most... this district here is R-1 with the SD-18 overlay. It's
the most restrictive residential zoning district in the City. This lot is
over 21,000 square feet. If this lot were located on the corner, it could be
subdivided into two 10,000 square foot lots. The house and the proposed four
car carport cover less than 25 percent of the lot. There clearly is a great
deal of room to place this carport anywhere on the lot that the applicant
wishes. We did not personally visit the site, but Mary Weber and the Civic
Club board and myself have reviewed the file. There are no natural features
on the site, there are no major trees that are being saved. It's simply a
case, as Mr. Danaly has stated - and I've spoken to Mr. Danaly at great, great
length on this issue - is that he does not want to place his carport adjacent
to his house, he wants to push it away from the house. In his letter of
intent that I've given to you, he talks about how - down at the bottom, the
proposed structure can meet the five foot side setback - however, it cannot
meet the front setback since there is only 53 feet total between the street
and the house. There are very few people in this City who have a 53 foot deep
front yard, or a 21,000 square foot lot. His letter of intent goes on to say,
"...the proposed structure is approximately 20 feet deep, and if it is
situated as required by the zoning ordinance, this would leave approximately
twelve and a half feet between the house and the carport." Well, that would
also leave 20 feet between the carport and the street where the cars could be
pulled in and out. This is a very clear cut issue. Mr. Danaly simply can
take the parking area, the gravel area between the carport and the house and
put that between the carport and the street, still leave 13 feet between the
carport and the house and maintain the zoning. We just feel since there are
no natural features on this site, and that he clearly can get the structure on
the site without a variance, it should not be allowed. I'd also like to note
that he is requesting a four car carport. It will be a permanent structure,
poured concrete, a very nice structure. He could, without any variance
whatsoever, build a temporary carport as many people in this City have,
without any variance, without any problem. He does not want to have something
aesthetically on his property that is not what he would consider proper. I do
not feel that, that is a reason to grant a variance of... with a setback of
three and a half feet. In the file itself, there is an outline of the
proposed carport, and if the outline is correct, the roof of the carport will
actually lie on top of the coral rock wall the applicant has constructed in
the front of the property. There actually is a six inch setback from the roof
of the carport to the right-of-way line. And if you grant this variance on a
lot this size, then clearly any lot in the City would be open to a variance.
Thank you very much.
Mayor Suarez: OK.
Mr. Michael Danaly: OK, may I respond? I think the last...
Mayor Suarez: Name and address, please.
Mr. Danaly: Excuse me, Michael Danaly, and I am the owner at 1917 Tigertail.
I think if you focus in on Mr. McMaster's last few words, you'll see, really
the essence of why he is opposing me here tonight. His organization believes
that any variance is a variance worth defeating. They've told me this
plainly. That if you come and request a variance, the variance is granted, it
weakens the zoning requirement, we can't allow this. And, therefore, we're
going to oppose you no matter what the merits are of your case. And I think
that it's very obvious because if he were simply pro -Grove as I am as a
Grovite, he would be in favor of me not doing what he urges I do, which is mow
down some 50 year old luscious palm trees that I have in the back yard. We
bought the property for the trees, not for the house, and I don't want to take
those trees out and pour asphalt and park my cars in the back by my pool, and
that's what he's after. No, instead what I want to do is use the property
exactly the same way as the prior owners did. They parked their cars against
the coral rock wall which is in place. And I park my cars there too. The
only difference was, they didn't cover theirs, and I want it covered, keep
them out of the sun. Now, I want to build a structure there, and I'll
stipulate to this. The structure will not be visible from the street. That
coral rock wall that I put in this summer, is seven feet tall, and the
carport - which is simply a flat roof with some vertical columns - will be
constructed in a way, and I'll make the affirmation of the Zoning Board's
_ approval, if you're happy with that, make it conditional on the fact that you
' can't see it from the street. So, really what I want to do is park the cars
where they were before. Mr. McMaster wants me either to park them right in my
207 January 24, 1991
dining room or mow down the trees and I really don't think that, that's a
reasonable request. I think there is hardship in
this case. I think
I've met
all six points as the Zoning Board felt. Because
really, all I want
to do is
continue to use the property as it was used when
I bought the house.
Now, I
also want to say that you notice that Mr. McMaster and his group did
not come
to the property. I've invited them several times
to come. I got no response.
They're not interested in the specifics of my case.
But my neighbors
are, and
one neighbor whose property is right behind mine,
said, "Can I take
a letter
around to the neighborhood?" And he did. And
I have it, and I'd
like to
introduce it into the record, if I may. If you'll
take this, Mr. Mayor.
Mayor Suarez: You can give it directly to the clerk. The wording of it is
basically in support of your application.
Mr. Danaly: Yes, it is.
Mayor Suarez: And if you want to paraphrase it any further, fine. If not...
Mr. Danaly: The only way I'd characterize it is to say that the neighbors
around me have said that they can't understand, for the life of them, why
anyone would oppose me constructing this particularly, since it's not visible
from the street. Now, I'd like to focus... I know you've got much more
important matters tonight that you want to get on to, you've had a long
evening. Let me just sum up by saying this....
Mayor Suarez: I think we all agree on that.
Mr. Danaly: Yes. Let me summarize by saying that the purpose of this zoning
statute is to prevent those driving down the street from seeing cars lined up
along the property line. Now, I'm not asking you to make an exception for me
or grant me any special privilege, because I have this coral rock wall that's
constructed along the property line, and you can drive by. You can stop your
car and get out and look and you won't see a single car. If I were to put
these cars anywhere else on the property, I'm going to destroy the luscious
vegetation that's on the property, and I wish Mr. McMaster, rather than taking
the time to come down here and appeal it, had taken the time to come by the
property. I invited him to on several occasions, so he could see for himself
that the only place that you can park these cars is where they historically
have been parked. And I want to leave all the vegetation that's been there
for 50 or 75 years just as it is. So, I urge you to affirm the Zoning Board's
approval. If you have any questions, I'd be happy to answer them. If you'd
like to make your approval of the Zoning Board conditional upon making sure
that you cannot see the structure from the road, I'm happy with that. If you
want to make it conditional upon anyone else similarly situated, erecting a
seven foot coral rock wall the full length of the property line, I'd be happy
to as well. In fact, I asked Jim if he would do the same. So...
Mayor Suarez: No, I don't think we can do that because that would be very
costly to other people. All right...
Mr. McMaster: I submit, Mr. Mayor...
Mr. Danaly: That's all I have to say. Thank you, Mayor, and thank you,
Commissioners.
Mayor Suarez: Do you need... I'm inclined to let you make your motion, but I
want to hear his rebuttal if he has any, in case...
Mr. McMaster: Just briefly, in rebuttal. I did not bring Mary Weber by the
site, but I am personally very familiar with it.
Mayor Suarez: There's no requirement that you visit every site.
Mr. McMaster: Yes, yes, I've been by
the site numerous times, and watched
the
wall going up, and I've been in the neighborhood frequently.
Mr. Danaly: But you've never been on
the property.
Mr. McMaster: And I just think it's
a simple case of the Civic Club and
the
-
Planning Department gave us these increased setbacks, and to allow a three
and
a half foot setback with a permanent
structure and a six inch overhang
from
the street on a lot this large with
no natural features... you know, on
the
208 January 24, 1991
contrary, if he did have a sink hole or whatever on the property, the Civic
Club might even be a little more amenable. It's simply a case...
Mayor Suarez: Has there been a...
f
Mr. McMaster: It's simply a case of taking the gravel area between the
carport and the house and flipping the carport over and putting the gravel
area along the street, as his letter of intent says, if the carport were up
} against the house, it would leave 13 feet between the house and the carport
structure. I think the issue here is the aesthetics. Mr. Danaly does not
want a temporary aluminum or canvas structure on his property, and I do
understand that. But I don't think that the residents of Coconut Grove should
allow permanent structures to go three feet from the right-of-way on a lot
this large just because the applicant doesn't want something that isn't quite
as attractive, he feels.
Mayor Suarez: What's the Planning Department's analysis of the issue of
hardship?
Mr. Olmedillo: We recommended denial. The hardship is not there. It's a
�i self inflicted hardship. This will be a privilege...
Mayor Suarez: Self-inflicted hardship.
Mr. Olmedillo: Certainly, it's the...
Commissioner Dawkins: How? How?
Mayor Suarez: There is no hardship, is what he's saying.
Mr. Olmedillo: The house exists there without the carport.
Commissioner Dawkins: Right.
Mr. Olmedillo: And the... probably the present owners or the previous owners
lived there without the carport.
Commissioner Dawkins: Well, why is it self implied hardship? Why?
Mr. Olmedillo: Well, the action of the petitioner is the one that causes the
setback to be reduced.
Mayor Suarez: Figure of speech. He meant, there is no hardship.
Mr. Olmedillo: Right.
Commissioner Dawkins: OK, thank you.
Mr. Danaly: May I respond to that or...
Mayor Suarez: You're not really entitled to, but I'll give you a minute just
so we can get out of here.
Mr. Danaly: OK.
Mayor Suarez: Commissioner De Yurre is...
- I, Commissioner De Yurre: I'm ready to go, Mr. Mayor.
Mayor Suarez: ...ready to make a motion. But go ahead, give you a minute,
real quick.
Commissioner De Yurre: I think that just being here is a hardship in and of
itself, so I find hardship.
Mr. Danaly: OK, I'll hold back my comments, Mr. Mayor.
Commissioner De Yurre: Good.
— Mayor Suarez: All right. Commissioner De Yurre.
209 January 24, 1991
Commissioner De Yurre: Mr. Mayor, I move to approve the Zoning Board's
action, and to deny the appeal with a covenant and understanding that the
carport will be covered, and it won't be seen from the street.
Mr. Danaly: Not from the street, right.
Mayor Suarez: So moved. Do we have a second on the motion? Is the motion...
yes.
Commissioner Dawkins: Yes, I'm going to second it. I vote with Tim a lot,
but this is one I just can't see why that Tim McMaster and I cannot approve of
a carport that you can't see, and a carport that is hidden and that you will
not see. And this doesn't mean that everyone of these does not have to come
before us and he and I may agree on the next one. But I would have to say
that with us attempting to encourage people to build homes that add to the tax
base, you know, somewhere along the lines we've got to be a little flexible
and do some of the things that enhance the enjoyment of the people that be
there. So this is one that I would have to vote against Tim McMaster on.
Mayor Suarez: OK, so moved and seconded. Any discussion? Jesus, I think
we've heard from that side.
Vice Mayor Plummer: Under discussion...
Mayor Suarez: Opening argument and rebuttal both.
Vice Mayor Plummer: I will vote with the motion, but, sir, I want you to
understand and you will agree to, that if at any time you ever use this
structure for other than a carport, you lose the right and will not fight it
through litigation.
Mr. Danaly: No problem, I'll waive whatever rights are required in that
connection.
Mr. Jesus Roiz: Mr. Mayor, excuse me...
Mayor Suarez: OK, for myself, have not heard a...
Mr. Roiz: One warning....
Mayor Suarez: ...heard a showing of hardship. Really, you're totally and
absolutely out of order. I don't know what you could possibly add to this,
Jesus, that we haven't already heard. But...
Mr. Roiz: OK. If this is approved based on the fact that the carport will
not be seen from the street...
Mayor Suarez: That was the motion.
Mr. Roiz: I have a 30 foot setback. I will be very pleased to build on my
front property line a rock wall and then build a garage directly behind it so
you will not see it.
Commissioner Dawkins: Well, I suggest that you get permission from us before
you build it, because I just may vote against it.
Mayor Suarez: All right, we have a motion...
(APPLAUSE)
Mayor Suarez: We have a motion and a second. Any discussion? If not,
please, in anticipation that it might pass, I guess we have to read the
ordinance.
Miriam Maer, Esq.: This is not an ordinance, it's a resolution affirming the
decision.
Ms. Hirai: It's a resolution, Mr. Mayor.
Mayor Suarez: All right, call the roll.
210 January 24, 1991
0
U
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-90
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL
AND ARTICLE 9, SECTION 906, SUBSECTION 906.4, TO ALLOW
THE CONSTRUCTION OF A CARPORT IN FRONT OF THE
PRINCIPAL STRUCTURE AND WHICH IS PROVIDING A 3.5'
FRONT YARD (20' REQUIRED) FOR THE PROPERTY ZONED R-1
SINGLE FAMILY RESIDENTIAL WITH AN SD-18 OVERLAY
DISTRICT, LOCATED AT 1917 TIGERTAIL AVENUE, MIAMI,
FLORIDA, ALSO DESCRIBED AS LOT 9, BLOCK B, BISCAYNE
PARK TERRACE, AS RECORDED IN PLAT BOOK 2 AT PAGE 36 OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER
PLANS ON FILE; SUBJECT TO THE CONDITION THAT THE
CARPORT SHALL NOT BE VISIBLE FROM TIGERTAIL AVENUE AND
SHALL NOT BE USED FOR ANY OTHER PURPOSES; AND FURTHER
SUBJECT TO THE CONDITION THAT APPLICANT SHALL NOT
ENGAGE IN ANY LITIGATION OR PROCEEDINGS AGAINST THE
CITY OF MIAMI IN THE CITY'S EFFORT TO ENFORCE THE
TERMS OF THIS VARIANCE; SAID VARIANCE HAVING A TIME
' LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mr. McMaster: Thank you very much.
Mr. Danaly: Thank you very much.
40. DISCUSS AND CONTINUE APPEAL BY EDGEWATER AREA ASSOCIATION OF ZONING
BOARD'S GRANTING OF SPECIAL EXCEPTION TO CONSTRUCT AND OPERATE A RESCUE
MISSION AND TRANSIENT FACILITY (CAMILLUS HOUSE) AT 1801 N.W. MIAMI COURT
(Continue to meeting of February 28th) (Applicants: Randolph Weinsier,
Grace Cantor Maslow and Theresa Cantor.)
Mayor Suarez: We are on PZ-37.
Robert H. Traurig, Esq.: Mr. Mayor, not withstanding the fact that I may be
out of order in doing this, because you haven't heard from your staff, and we
aren't the appellant, I, on behalf of Camillus House, would like to make a
statement before this begins, if you would permit me to do so.
Mayor Suarez: I think it might be helpful to hear from you counselor. You've
been sworn in today. Is that...
Mr. Traurig: Yes.
Mayor Suarez: ...is that kind of applied to all items, Madam City Clerk?
211 January 24, 1991
0
U
Ms. Hirai: Yes, sir, it has...
i
Mayor Suarez: Thank you. I just want to clarify.
Mr. Traurig: Mr. Mayor and members of the Commission, this applicant, this
ii
community, and particularly this Commission, are jointly faced with the
i'•
dilemma which in our opinion, results from emotional reactions and not valid
substantive reasons. On the one hand, there has been expression from the
entire community that the exemplary selfless, inspiring social services of
Camillus House should be complemented and extolled, with an acknowledgment
i
that they're more needed now than ever. But on the other hand, many have
responded, "Not in my backyard." Some of the well meaning people who oppose
this application have expressed what they categorize as genuine concern about
the impacts on their property and their programs, of a facility whose
clientele includes the poor and the homeless and the unfortunate. But this is
a societal issue where appropriate facilities must be located to serve the
clientele best. They cite security considerations and psychological factors,
and we, on behalf of Camillus House and those it serves, take strong but
respectful exception to positions which we believe are either contrived,
magnified and exaggerated, or result from misunderstandings of the facilities,
the clientele, and the programs. This Commission not only encouraged the
relocation of Camillus House from its present facilities, but established a
strong policy which effectively mandated it. You discouraged the proposal of
Brother Paul to establish a state-of-the-art residential facility in the N.W.
t
5th Street area. You rejected the concept of a food delivery and feeding
satellite in the Little Havana area. And you absolutely, positively suggested
that Camillus House find a suitable site in an industrial area. Based on your
considerations and your suggestions, the quest began. And through an arduous
diligent search, the proposed site was located bordering the FEC railroad
tracks on its east, and a cold storage plant on its west, and in an industrial
area. And for the most part isolated. And you had already approved the Miami
Rescue Mission to the north and other similar facilities in that general area.
And there was genuine pleasure expressed by the many City officials and
numerous community leaders over the selected site. And based on such choice
and such encouragement, architects were employed and detailed plans were
prepared. But notwithstanding such background, and the overwhelming
commitment of the Little Brothers of the Good Shepherd and their lay leaders
to create this new facility, we are impressed with the sincerity of those who
have urged further deliberation and study. Particularly of the merits, the
cost, the practicality of other potential sites. We had asked this to the
school board during its deliberations yesterday prior to issuing a
recommendation or a resolution to you of a formal position to be taken by the
school board. Therefore, to demonstrate our sense of community
responsibility, we respectfully request a continuance of this matter for 30
days. Notwithstanding the fact that hundreds of people are here from both
sides. (BOOS AND CROWD NOISE).
Mayor Suarez: Please.
Mr. Traurig: To afford us an opportunity to meet again with our neighbors to
analyze alternatives. We accept their challenge to renew our analysis, and we
accept their offer of help. We are sanguine about this. We've already looked
and we believe we have selected the best site. Time is our enemy, but
patience and brotherhood are our mottos, and we're willing to try. And we ask
you to consider the continuance of this matter to your next meeting on
February 28th.
Mayor Suarez: OK.
Vice Mayor Plummer: Let me ask a question, please.
Mayor Suarez: We're going to hear from...
Vice Mayor Plummer: Do I understand that if we were to grant a deferral or
continuance, that the primary purpose would be to try to find another
location?
Mr. Traurig: Yes, sir. Let me point out to you the background of the
discussion yesterday at the school board. The school board members asked a
number of questions and the administration asked some questions. One of the
questions was, is it true that 75 percent of all the facilities of this type
212 January 24, 1991
are located within that general area? And questions with regard to the
clientele being served and where they come from, et cetera. They also made
some very strong suggestions that there would be other locations that ought to
have been considered that would be less impacting on the schools that were in
that general vicinity. There were representatives of the OEOW group at the
school board meeting, and we announced that we would... rather than the school
board take a decision at that particular moment, we would give them the
opportunity next month to make a decision and send a resolution to this
Commission, after first meeting with representatives of the neighborhood, to
let them show us the site west of 7th Avenue. To let them discuss with us the
other alternatives that ought to be considered without any commitment on
either party's side to accept or to reject. And we left there, I thought,
with an understanding that that was going to be the proposal to this
Commission. I was told by Mr. Fletcher that his people are coming here
tonight - this was around 6:30 - and that they would not support a request for
a deferral. But I would say to you...
Mr. John Fletcher: Which I also would like to address when I have the
opportunity, Mr. Mayor.
Mayor Suarez: We sure as heck are going to hear from you.
Mr. Traurig: But I would say to you that our request for the deferral is not
in order to avoid this Commission making a decision, but being totally honest
when we say to you a month from now, that we have looked at those other sites.
We have analyzed the costs, we've analyzed the location, and its relationship
to the groups to be served, and we have analyzed everything that ought to be
considered before making any kind of a preemtory decision in this matter.
Mayor Suarez: OK. All right...
Mr. Traurig: We therefore urge that you consider the fairness of whether or
not this Commission should be put on the spot to make a decision on this site
until you know whether other sites have been adequately reviewed.
Mayor Suarez: Thank you, counselor. Mr. Fletcher.
Mr. Fletcher: Mr. Mayor, I think I can say, without anyone disagreeing with
me, that everyone that is here in opposition to the location proposed for the
Camillus House is dead set against the continuance. There was no
understanding yesterday that we would agree to a continuance. We could not
have done so. We have notified many people to be here, and had notified them
well in advance so they could make the arrangements to be here. The reason
that the deferral was forthcoming from the school board on their decision as
to whether or not to oppose this, was because they have security problems that
Camillus House was not prepared to answer. And it was suggested that the
school board defer it until they could be answered. That was the reason there
was a deferral from the school board on their action. Now, the school board
had previously requested on November 19, 1990, at the Zoning Board, a
continuance so these issues could be addressed at that time. And you'll find
at page 43 of the transcript the attorney for the Camillus House application,
Ms. Lucia Dougherty, stating that she was opposed to a continuance. That they
wanted to proceed at that night. So what is happening here is simply a way of
getting everybody out of here, and giving them a struggle of getting back.
We're all familiar with that. I don't mean to impugn anybody's motives. I'm
saying it straight out. I believe that we should go forward with this, this
evening. These people have gone through a great struggle to get here. There
are people who haven't had dinner, been waiting for hours, and we believe that
we should proceed.
Mayor Suarez: Well, the unusual aspect of it is that they have been frank in
admitting that one of the things that they would like to consider in those 30
days is alternative sites. That is a most reasonable proposition. Whether we
ultimately agree or not or whether we would otherwise vote tonight to - with
their application or not, I don't really know - because we haven't voted yet
and I...
Mr. Fletcher: Mr. Mayor, they...
Mayor Suarez: ...legally cannot ask my Commissioners how they feel. So...
Mr. Fletcher: They could have looked for alternate sites for months, but...
213 January 24, 1991
Mayor Suarez: I understand...
Mr. Fletcher: ..but did not choose to do so.
Vice Mayor Plummer: Yes, but you see, let me tell you something. That's the
first time in the two years that I've been dealing with this issue that I've
heard them willing to bend. Prior to that, it was absolute this or nothing.
Now, there is that chance, John, this evening it could pass. That's not what
your people want.
Mr. Fletcher: We believe - and once you hear us - that it will not pass.
Vice Mayor Plummer: Well, there's always that possibility that it could. OK?
Mr. Fletcher: Absolutely.
Vice Mayor Plummer: Now, I'm saying it seems like to me, where they are
willing to look at other locations the worst that we're doing is losing 30
days. Because I think the same arguments would prevail at that time if they
refused to accept or to look at another location. The same arguments would
prevail then that would prevail tonight. Personally, as I have said before,
this matter before us is a lose -lose proposition. OK? There is no right
place for this organization. There's just no right place. Nobody wants it.
I'm saying to you that on behalf of the merchants of downtown - who I went to
the DDA (Downtown Development Authority) - on behalf of others, if they could
move this to 8th Avenue and 23rd Street - and I'm not saying that, that would
be the ideal location - they would love it. Now, I'm just saying that it's a
mean man that won't compromise. I think that they should have every
opportunity in the world - if what they're telling me and I accept it being
true - that the main purpose of a deferral is to consider other locations, I
think it could be a win situation. That's all I'm saying.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Mr.... yes, I'm sorry, Commissioner De Yurre.
Commissioner De Yurre: For many weeks, if not months, we've been gearing up
for this evening. I've been meeting with both groups, listening to both
sides. I want to deal with this right now, get it over and done with, if....
(APPLAUSE)... hold it, hold it, hold it. If the decision is in favor of
Camillus House, then they don't need to spend time looking for somewhere else.
And if it's not, then they have reason to look for somewhere else, and that's
all there is to it. I'm ready to deal with it right now.
Mayor Suarez: Procedurally, Madam City Attorney, is this something that is
totally within our discretion?
Miriam Maer, Esq.: As to whether to take it up tonight or not? -yes, it is.
Mayor Suarez: OK. Counselor.
Al Cardenas, Esq.: Mr. Mayor, for the record, my name is Al Cardenas, offices
at 201 South Biscayne Boulevard. I'm here on behalf of the owners of the
Miami Arena Towers. And I've also had conversations with representatives of
HUD (Housing and Urban Development) and other developers in the Overtown area.
And I have been asked to represent to you that if you wish, we certainly would
favor a deferral of the matter. I know that Mr. Traurig's argument, in my
opinion, has been a fair one. We don't really have a say or an interest on
where the relocation takes place. We do know that - we know though that they
have done, the Brothers of the Good Shepherd have done a wonderful job in
coming up with what we feel is a very good program, and a very good proposal,
and we think it's meritorious. We're not here to judge that merit.
Obviously, you do that. We're here to remind you of one thing for which we
think we have some contractual relationships with the City.
Vice Mayor Plummer: Why in the hell wouldn't they bend in the two years that
we dealt with them?
Mr. Cardenas: And that is that, as you may recall, the City in rather
specific language, had committed to HUD and to the developers of the Overtown
area, including my client's, Arena Towers, that it would make its decision
214 January 24, 1991
regarding the relocation of Camillus House in a fair and expeditious manner.
We feel that reasonable time has elapsed since that time. I'm here standing
before you telling you that as a result of delaying that decision for whatever
reasons, there have been some rather serious repercussions involved which
could well challenge the survival of our client's projects, as well as some
others in the area, which could well mean, what I would consider, a
nightmarish result to the decade long effort that Commissioner Dawkins and
others have undertaken in this area. And, frankly, I think that whatever it
is you do, by God do it quickly for the sake of people that you intend to
service and the folks the Good Shepherd intend to serve. For the sake of
those of us who took the City's word and spent risk and effort and resources
to make that a residential community, and on behalf of the fairness of
everyone, so that an expeditious decision is made. Now, 30 days sound like a
reasonable period of time to me. The diligence that Mr. Traurig spoke about
frankly, in my opinion, 30 days is quite an ambitious project. Much needs to
be done and 30 days is no time at all. From our perspective, 30 days is the
maximum that we could possibly wait before more serious things could begin to
occur to the detriment of all. Thank you.
Mayor Suarez: Well, I don't worry too much about the implicit threat of a
legal action based on some contractual agreement that I don't believe exists
in view of the fact that your clients have gotten incredible amount of help
from the federal government and the City of Miami, the state, and every other
governmental entity. But, as to your arguments on the continuance, to me
they're persuasive. I understand that Commissioner De Yurre is not persuaded.
And, counselor, let's hear from you finally, and then the Commission has to
vote. We do have discretion to hear it or not - and in either case, I guess
it's not the last we're going to hear of this matter. But go ahead.
Mr. Fletcher: Right. Our final word is, I agree with Commissioner De Yurre
that they will be looking for a new place definitely if we hold this hearing
tonight - as I think we'll convince you - that they should not be coming into
this area.
Mayor Suarez: OK, Commissioners, what's your pleasure? Continue or not?
I've said how I feel.
Commissioner Alonso: I, as Commissioner De Yurre, I feel that we have
discussed this issue. We have had ample opportunity to study it and I think
that we should not delay the item any longer. We should take a position
tonight and...
Vice Mayor Plummer: I have no problem with the continuance.
Commissioner Alonso: ...if - I'll be willing to make a motion to address the
problem tonight, or second the motion of Commissioner De Yurre, if he wants to
do so, and see what is the pleasure of this Commission.
Vice Mayor Plummer: Listen, let me ask this question. Mr. Traurig.
Mr. Traurig: Yes, sir.
Vice Mayor Plummer: If, in fact, this continuance were to be granted and I
take you at your word, and you've never broken it to me yet, that you would be
the primary purpose of looking for another site, could I have the comfort that
that site would be further north and west of the present site and not south?
Mr. Traurig: The answer is obviously, yes.
Vice Mayor Plummer: I'm saying basically more away from the downtown and the
Biscayne Boulevard area?
(APPLAUSE)
Commissioner Alonso: Then it's the same problem with another neighborhood.
Mayor Suarez: Well, there are some neighborhoods that are...
Mr. Traurig: Yes, sir. The site was suggested by Mr. Fletcher's clients. We
are prepared to look at that site to analyze that site and they offered to us
their cooperation in looking at that site and helping us to analyze the site.
We thought...
1 215 January 24, 1991
i
a
Mr. Fletcher: Well, let me interrupt. I don't know what client it was that
1 supposedly suggested a site.
I, Mr. Traurig: Standing right behind you, John.
Mr. Fletcher: I have a hundred and fifty clients.
Mayor Suarez: All right, we're going to get to that in a second, guys, you
know, I mean, there's no need to argue here like...
i
}} Vice Mayor Plummer: What a fee you must be collecting.
f
Mr. Traurig: His client is the man nearest to him.
Mayor Suarez: OK...
! Vice Mayor Plummer: If I had 150 clients at the funeral home, I'd retire.
3
I
Mayor Suarez: By the way, the other argument you made is obviously a
j compelling one. People have come all the way out here tonight expecting to
have the matter resolved. But that's true on both sides, and if we decided
tonight on a site that is the only one before us, half the people roughly or
whatever number it is, are going to be quite upset regardless of what we do.
And I have a feeling that, for myself, I would vote for a continuance because
I have a feeling you're going to be back. In any event, you're interested in
j your neighborhoods. They're interested in feeding the homeless and taking
care of the homeless. We all are interested in both things, but we come down
on this issue on slightly different sides of it, I suppose, ultimately.
Unless we come up with a site that is clearly more acceptable to everybody,
and that's what they're proposing. So I have no problem voting for a...
Vice Mayor Plummer: Well, let's put the matter to rest. I make a motion that
the continuance be granted. Let's put it to rest.
Mayor Suarez: OK, so moved.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, Anne Marie, please.
Vice Mayor Plummer: Annie, 30 days ain't going to make me or break me.
Mayor Suarez: OK, I'll second the motion.
Commissioner Dawkins: It's been moved to continue the item until the next
meeting?
Vice Mayor Plummer: 28th.
Commissioner Dawkins: Until the 28th.
Vice Mayor Plummer: Yes. And please understand...
(NOES FROM THE CROWD)
Commissioner Dawkins: You're out of order. You're out of order.
Vice Mayor Plummer: Please understand that I am only making this motion
predicated upon one factor. And that factor is that they are willing and the
primary purpose is to
find another location. That location, by the way, that
has been mentioned is
the
one that all of the people in opposition have been
asking us to try to
get
consideration for. So I really am at a loss to
understand the real objection,
if that's what they're trying to accomplish,
a>• and that's what you
all
were trying to convince me of. And there's that
possibility that it could
be a reality. I don't see the real contest here.
But that's my feeling
and
that's what my motion was based upon.
Commissioner Dawkins: Any further discussion?
Vice Mayor Plummer: We will hear the wisdom of my "Blue Brother."
216 January 24, 1991
AMN
Commissioner Dawkins: You're right. Because this right here, I'm going to be
liar somewhere because I lied our support to Camillus House and I told the
people I'm against it. So you're right, there's going to be wisdom some
place. But, I'm going to be voting with the motion and the reason I'm going
to vote is, as J.L. Plummer said, prior to the arrival of Brother Harry,
Brother Paul was a gentleman who you could not reason with. He didn't have
anything - all it was is what he wanted. Now, I also have to say to you that
I don't care where we put this facility, we're going to have opposition.
Little Havana did not want a feeding. OK? When we tried to put a satellite
feeding in Little Havana they didn't want a satellite feeding. So you know
they don't want the whole facility. Overtown, I didn't want it in Overtown.
If we go to Coconut Grove, nobody's going to want it in Coconut Grove. If you
go to Flagami, nobody's going to want it in Flagami. So I would hope that we
come back at the next meeting and I would like for Brother Harry and those to
understand that for my vote, any place there must be a reduction in the total
number of persons served. Now, I don't care where we put it. And the reason
I say that is, you got all the do gooders who write me suggesting what we do,
but nobody wants to take a part of the problem. If you go down to Camillus
House any night, there's a food truck from Key Biscayne, there's a food truck
from Coral Gables, there's a food truck from Bal Harbour, and you know what
they're saying?
Vice Mayor Plummer: Don't come here.
Commissioner Dawkins: Keep them down there, let's hold them down there and we
don't have to worry about our part of it. Now, if everybody...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Dawkins: ...hey, that's my feeling. I couldn't care less, OK?
j Now, if everybody is sincere and all the do gooders - and I'll read off just
three of them here - Sun Bank, Oceana, and American Bankers Insurance Company,
OK? Sun Bank has a cafeteria. Why don't you feed some of these people in the
cafeteria? (APPLAUSE) Oceanic Bank got a cafeteria. Feed some of these
people. The Barnett Bank has a big cafeteria. Feed some of the homeless
people. Just don't dump them on the City of Miami and tell me they are your
responsibility. Now, let's go a step further. Mr. Traurig, I will go with
you...
Vice Mayor Plummer: I still think the best site is the Biltmore Hotel.
Commissioner Dawkins: ...and we should attempt, sir, me and you, to tell
Coral Gables, the City of Miami is going to accept a facility to care for a
hundred people. (APPLAUSE) Coral Gables, you accept and build a facility to
help Brother Harry care for a hundred people.
Commissioner Alonso: That's right.
Commissioner Dawkins: Key Biscayne, you put up a facility to help care for a
hundred people. (APPLAUSE) Just don't let the Miami Herald and everybody
else say to Miami, the City of Miami is not doing nothing and that the
homeless people is our problem. The homeless people is the problem of the
a United States of America that was created by Ronald Reagan. (APPLAUSE)
Ronald Reagan fired the first air traffic controllers who lost their jobs and
that was the movement for the homeless. (COMMENTS FROM THE CROWD.) Hey, I'm
a Democrat, you're a Republican. I ain't got no problem with that. I ain't
got no problem at all with that. OK? So therefore, I would hope that we and
I have promised Brother Harry, and I'm going to continue to work with Brother
Harry. And I've also promised the people who came to see me, the preachers
who said they can't hold service because of the interruptions. The schools,
j you see, these youngsters here don't need to see a role model. (APPLAUSE) So
now, we put the monkey on the back of those where we are going to challenge
them? How many of the homeless you see over here who do not look presentable?
Which one of them over here you are ashamed... (SHOUTS AND TALKING) ...which
one of them over here I'm ashamed of? Not a one of them. So therefore, I'm
going to challenge them that they have got to help clean up the image of the
ones who are makingit a bad image for you. You have g y got to stop those who
run up to people at the Arena and tell them that they got to pay them to watch
their car at a private meter. (APPLAUSE) You have got to tell them that they
can't go to churches and disrupt services. See, you got to become your own
police force and once this is done, then we are going to have a better system,
see. Because - and it's not these people here that we're concerned about -
i
217 January 24, 1991
it's the ones who didn't come. (COMMENTS FROM THE CROWD) The ones who they
put on the bus with a one way ticket and tell them, go to Miami. Not the ones
of you who live in Miami who are Miamians, who are concerned about the good
and welfare of Miami. I don't see none of you fellas downtown panhandling,
harrasing people. So these people here want to be helped and we have to help
them.
- Vice Mayor Plummer: Give them another two or three months, they will be.
They will all be out the unemployed line.
Commissioner Dawkins: But you've got to help us weed through and find out
which ones we can help and which ones we can't help. So therefore, whether,
my friends, you know, buy me a Coca Cola tomorrow or not, I'm going to vote
for the continuance hoping that when we come here we're going to have some
solutions. We're going to have a smaller facility and I don't care where it's
put. But you cannot, Brother Harry, say you're going to sleep 88 people and
feed 400...
UNIDENTIFIED SPEAKER: Five hundred.
Commissioner Dawkins: ...400, and you take 88 from 400, gives you 312, and
that the 312 are not going to hang around. It just won't work. So you and
I - our job is to find another place that will accept the hundred and then we
could begin to do it. (CROWD TALKING, COMMENTS)
Vice Mayor Plummer: Under discussion...
Mayor Suarez: Yes, Commissioner - Vice Mayor.
Vice Mayor Plummer: Under discussion. It is my understanding from the people
on this side of the room that the proposed site at 23rd Street and 8th Avenue
is City owned property. Is that correct?
J UNIDENTIFIED SPEAKERS: Correct. Yes, sir.
E► Vice Mayor Plummer: OK, then I would want the administration to be deeply
f involved in case this scenario can work that the administration will be
prepared to also discuss on February the 28th, if in fact, it is our property,
that we could negotiate that with the Camillus House as far as the final
settlement is concerned.
Commissioner Dawkins: J.L., if you're going to put 400 people in it, I don't
! care where you put it.
Vice Mayor Plummer: Sir, I didn't say I was going to put anybody in it. I'm
saying, if we are the owner of that parcel of property, I don't want just
- these two people talking, I want the administration deeply involved as well.
I still make my final remark, I think the best place for Camillus House is the
Biltmore Hotel who's having problems in Coral Gables.
(APPLAUSE, CHEERS)
Mayor Suarez: The best accommodations in town, Biltmore Hotel.
� (APPLAUSE, CHEERS)
Mayor Suarez: Please, please, please.
Commissioner Dawkins: One more thing and I'll be finished and we can call the
roll. Brother Harry...
Vice Mayor Plummer: Jack Eads will kill me but that's all right.
3' Commissioner Dawkins: ...when this is over, I'd like for you to get with my
staff and I want my staff to set up a meeting for me and you to go see Art
Teele and find out what the County is going to do. OK?
Mayor Suarez: All right, call...
Mr. Fletcher: Mr. Mayor...
Mayor Suarez: Call the roll on the motion to continue.
218 January 24, 1991
i'.
Vice Mayor Plummer:
Mr. Mayor...
?'
Mr. Fletcher: At 7:00
p.m.?
Mayor Suarez: Yes,
we'll do
it for 7:00 p.m. again.
Vice Mayor Plummer:
That's
the point I was going to make. Is 7:00 the most
appropriate time?
Mr. Fletcher: Yes.
Mayor Suarez: OK, call the
roll on the motion, please.
The following
motion
was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 91-91
A MOTION TO CONTINUE CONSIDERATION OF AN APPEAL BY THE
EDGEWATER AREA ASSOCIATION AND NEIGHBORS OF THE ZONING
BOARD'S GRANTING OF SPECIAL EXCEPTION TO ALLOW
CONSIDERATION AND OPERATION OF THE RESCUE MISSION AND
TRANSIENT FACILITY AT 1801 N.W. MIAMI COURT (CAMILLUS
HOUSE) TO THE MEETING PRESENTLY SCHEDULED FOR FEBRUARY
28TH, IN ORDER TO ALLOW REPRESENTATIVES OF CAMILLUS
HOUSE TO LOOK FOR ALTERNATE SITES FOR THEIR OPERATION.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
ABSENT: None.
Mayor Suarez: Thank you. We'll be back on the 28th and hopefully, we'll have
something more acceptable by then to everybody. OK, Commissioner... all
meetings outside, please. Please, all meetings outside. All discussions,
post mortems...
(CROWD NOISE, TALKING)
Mayor Suarez: OK, OK, please. All rejocing, commiserating... outside. All
rejoicing, commiserating, discussing...
Commissioner Dawkins: That's right, that's right, that's all.
(CROWD NOISE, TALKING)
Vice Mayor Plummer: I don't have any disagreement. Why in the hell do we
have to take the whole problem?
Mayor Suarez: OK, Mr. Armesto, please. Counselor, Mr. Rodriguez, please.
Continue discussions, negotiations, battles, commisserations, rejoicing
outside. Please, everybody, so we can get a couple of other things done
today. Please, please, please... we got a bunch of items to get through.
Mr. Cardenas: They tabled it until after this matter.
Mayor Suarez: OK, Mr. Rodriguez, Professor Armando Rodriguez, Dean
Rodriguez... Miss Sackstein, please, everybody, proceed to continue
discussions outside so we can get some other matters done. Is there any City
staff that might help at this particular point? Thank you. Nice, big strong
officer who could sort of ease people out in a nice way, as you always do.
Fletcher. If you'd just clear the place of attorneys, it would be OK. Get
rid of all the attorneys. I think Shakespeare said something that. All
j right, I know we got pressing matters that have to be done. I believe,
perhaps... Prominent building and zoning attorneys. Thank you. All right.
219 January 24, 1991
Mr. Cardenas: Incompetent ones too, right?
Mayor Suarez: Well dressed prominent attorneys. Could you close that door
a back there? That might help a little bit. Thank you. And clear the outside
back there, please. Thanks.
Mr. Rodriguez: The newspapers, reporters...
------------------------------ -----------------------------------------------
41. (A) DENY APPEAL BY PLANNING DEPARTMENT - AFFIRM ZONING BOARD'S
GRANTING OF VARIANCE TO ALLOW CONSTRUCTION OF COMMERCIAL
BUILDING AT 1801-1859 BISCAYNE BOULEVARD (TENTATIVE PLAT
CHINATOWN), WITH TIME LIMITATION ON OBTAINING BUILDING PERMIT -
REQUIRE PERFORMANCE BOND (Applicant: Isaac Shih).
(B) DIRECT CITY CLERK TO OBTAIN NEW RECORDING AND PA SYSTEM FOR THE
CHAMBERS - DIRECT ADMINISTRATION TO INSTALL A PARTITION ACROSS
THE CHAMBERS SEPARATING THE CITY COMMISSION AREA FROM THE
GENERAL SEATING AREA.
Mayor Suarez: OK, I got the impression from hearing Commissioner Alonso, that
we have to solve - I see Mr. Shih here. Item 38.
Commissioner Alonso: Um hum.
Mr. Sergio Rodriguez: Right.
Mayor Suarez: The last time item 38 came up for consideration, there was some
issue as to certain banks that were somehow in his application, and that
created some sort of a conflict for me. I've never seen anything like that in
my entire life. What was that about? -do you remember, counselor? Why does
any bank that might finance anything appear, in any way, in the application
anymore?
Alan Kan, Esq.: It doesn't appear in the application. My name is Alan Kan
with law firm Bedzow Korn Kan and Glaser. Mr. Mayor, to answer your question,
as far as we understand, the conflict of interest laws, the banks are not
involved other than there are certain banks that hold mortgages and they were
signatories to the plat. Neither you...
Mayor Suarez: Is there any reason why, if a bank holds a mortgage on this
property, and any, that that would create a conflict for any one of us sitting
up here whose firms might represent any of those banks in any matter? I can't
imagine.
Commissioner Dawkins: The Bank of China.
Mayor Suarez: Any bank.
Vice Mayor Plummer: Well, it would be... yes, it could be construed as a
conflict of protecting a client.
Mr. Kan: Well, the...
Mayor Suarez: Madam City Attorney, is there any reason why if a bank holds
the mortgage, but is otherwise not an applicant or an interested party in
this, that that would pose a conflict for anyone of us whose firms represent
these banks in some other matters?
Miriam Maer, Esq.: To the best of my knowledge, I would say no. But I would
like a moment to confer with the City Attorney in case he's rendered an
opinion that I'm not familiar with on that issue.
Mayor Suarez: Well, while you do that, I'm going to let the Vice Mayor carry
on with the meeting in case you conclude that there is a conflict, so we won't
delay the proceedings.
1 Vice Mayor Plummer: All right. That's your only question, sir?
220 January 24, 1991
Mr. Kan: No, the Mayor had that question, Mr. Vice Mayor.
Commissioner Dawkins: That was the Mayor has a question.
Vice Mayor Plummer: OK...
Ms. Maer: Mr. Mayor...
i
Mr. Kan: It's not our question. We don't think there's a conflict. We think
that...
Vice Mayor Plummer: OK. All right, let's...
Ms. Maer: Mr. Mayor, I'm prepared to answer now.
Vice Mayor Plummer: All right, give...
i
Ms. Maer: The City Attorney has confirmed...
Vice Mayor Plummer: Wait a minute so that - Mr. Mayor...
Commissioner Dawkins: Mr. Mayor, they got an answer to it.
is
Vice Mayor Plummer: ...they're giving their opinion so that you can
understand.
Ms. Maer: That, in fact, there has been no other opinion rendered and,
therefore, my first advice is still the case, that there is no conflict.
Mr. Kan: We can't hear her.
Mayor Suarez: That there is a conflict?
Ms. Maer: There is no conflict.
Ms. Hirai: Excuse me...
Mayor Suarez: That's not what I was told the other day. Anyhow...
Ms. Hirai: Mr. Mayor, we couldn't hear a word from here for some reason.
Mr. Kan: Miriam, is your microphone...
Mayor Suarez: Wait, wait, wait! What did he say, Madam City Clerk? Please
speak up, improve the mike, do something so we can hear you, ma'am.
Ms. Hirai: The system is being fixed, Mr. Mayor. We could not hear. Would
you kindly restate.
Ms. Maer: Sure. There's no conflict.
Ms. Hirai: OK.
Mayor Suarez: All right. Do one better than the system is being fixed. I
think I speak for all of us up here when I say that we've got to have an
entire new sound system for this Commission.
Ms. Hirai: Thank you. That would be nice.
Mayor Suarez: We just cannot deal with these things. We also have to close
off the back, and I think the Manager has indicated to me that we're going to
do that so that we make that area back there soundproof, vis a vis, the rest
of the chambers. But these things here, you know, we were in Kagoshima Vice
Mayor Dawkins, at the time, Commissioner Dawkins and I and they had much
better equipment that this. We've been almost every place in the world they
got better equipment than this, and...
Vice Mayor Plummer: Mr. Mayor...
Mayor Suarez: This stuff falls off half the time, you know.
221 January 24, 1991
Vice Mayor Plummer: Mr. Mayor, since they're going to be making modifications
and additions, from a standpoint of security, I wonder if they would not
consider putting something from that point over there to this point over here.
You understand - I think you know what I'm talking about. I think it would be
the best security in the house. It's not detracting us or in any way taking
us away from the public. They can see us, they can hear us, but I think it
would stop any avalanche of people coming up here talking to us for the
purposes of disrupting the meeting, it would stop that. So I would hope the
administration would consider putting a partition from that point over there
to that point over there. I think it would be something that would be well
worthwhile to keep these meetings more orderly.
Mayor Suarez: OK, Madam City Clerk. Who do we hear from...?
Mr. Guillermo Olmedillo: PZ-38 is an appeal to the issuance of a variance by
the Zoning Board on a parking issue for the Chinese Village. You may
remember, as a matter of background, that when the item for the replat of the
property came up, the item was held because of the parking issue. At that
time, the administration, in order to expedite the platting of the property,
promised this Commission to bring the parking issue to you. The only way to
bring this parking issue to you was through an appeal of the Zoning Board's
decision which granted that appeal. The original application was for the
reduction of the number of parking spaces from 316 parking spaces to...
Commissioner Dawkins: From what now?
Mr. Olmedillo: Three hundred and sixteen to zero.
Commissioner Dawkins: To zero?
Mr. Olmedillo: Correct. And from three loading spaces to zero. There were
other attachments to the variance application which are not really at a
question. We are just questioning and bringing to you the issue of parking
which was the one that was promised to be brought before this Commission to
make a final decision.
Vice Mayor Plummer: Is that based on Phase I only.
Mr. Olmedillo: That is on Phase I. The only thing...
i
Vice Mayor Plummer: The seventy thousand square feet.
Mr. Olmedillo: Correct. The only thing that you must understand is that the
provisional parking is in the rear lot which is in blue. It is not the lot
which is fronting on Biscayne Boulevard. That is a piece of property which is
facing the bay.
Vice Mayor Plummer: But is that their property?
Mr. Olmedillo: It is their property, but it's under another corporate name,
it's my understanding.
Vice Mayor Plummer: Well, wouldn't it be... all you got to do is just tie it,
don't you?
Mr. Olmedillo: I will put on the record what was the decision of the Zoning
Board, and what were the conditions attached to the issuance of the variance,
and then refer to the covenant which is what's submitted by the applicant.
And, if you're satisfied with these conditions...
' Vice Mayor Plummer: If they use that in the back for parking, how many spaces
would it give them?
Mr. Olmedillo: Eighty.
E Vice Mayor Plummer: And you're telling me that 316 are required?
Y
1
Mr. Olmedillo: That is correct by the ordinance.
Commissioner Dawkins: For the whole project or for just Phase I?
Mr. Olmedillo: Phase I.
222 January 24, 1991
Vice Mayor Plummer: Well, did the... these people told me that they were
providing 80 out of the required 120.
!
Mr. Olmedillo: No, out of the required 316.
.
Commissioner Dawkins: Why is it required three sixty?
Mr. Olmedillo: Because there are 70,000 square feet of building and that
requires, per the ordinance...
Commissioner Dawkins: But, the seven... how many square feet is it?
Mr. Olmedillo: Seventy thousand.
Commissioner Dawkins: Seventy thousand.
j'.
Mr. Olmedillo: Right.
Commissioner Dawkins: The seventy thousand... the building was built in what
year, off the top of your head?
+;
Mr. Olmedillo: Probably within 50 or 60 years ago. They've been there for a
i
f,
long time.
Commissioner Dawkins: All right, so 60 years - I'm 65, so 60 go back 1930.
Mr. Olmedillo: Part, part...
Commissioner Dawkins: So these buildings were built in 1930.
Mr. Olmedillo: Part of the buildings.
#!
Commissioner Dawkins: And at 1930, the parking requirements that you're
requiring, did not exist. When we sold this gentleman this property, we knew
that it was not adequate parking. The gentleman came in and said he had
$50,000,000 to do a project.
Vice Mayor Plummer: That's not a true statement.
Commissioner Dawkins: OK, what is a true statement?
Vice Mayor Plummer: A true statement is when this gentleman first came in,
this was not in two phases. The second phase of this does address the parking
problem. Subsequent to the initial blush before this Commission, it was a
single project.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Then they split it into two. That created the problem.
With the whole thing done in one phase, they have adequate parking according
to them. But when they split it in two, the second phase contained the
parking, then the first phase was totally inadequate. Now, there's one other
consideration, and that is that one of the reasons for the higher need of
parking is that one of the facilities that they plan on putting in this
building is a restaurant. A restaurant takes a different configuration of
required parking than an office building or retail shops. A restaurant
requires more parking. So that there is a difference between what we
initially knew and what is before us tonight. My main concern has been,
continues to be, that they promise in phase two that they will eradicate the
waiver of any parking that is not provided. But as I said to them that the 20
years that I've sat on this Commission, I'm still waiting for a lot of phase
twos to come about that haven't come about. And they were good intentions, I
don't dispute that. But for whatever reason, Phase II was never done. So
}
that's what I'm saying here tonight. As I have said to these people
individually, I need - to get my vote - there's got to be some comfort given
that will guarantee this Commission for Phase II to be done and the parking
problem eradicated or without that, as far as I'm concerned, I will fight this
project tooth and nail and I don't want to do it because I would love to see
this project succeed.
Commissioner Dawkins: OK, I....
223
January 24, 1991
i
i
Mayor Suarez: Commissioner Dawkins.
I
Commissioner Dawkins: ...assume that you and I, we're on the same wavelength
because Phase I... what's the total cost of Phase I?
Vice Mayor Plummer: Approximately $30,000,000 they told me.
Mr. Olmedillo: I would like the applicant to address that issue.
Mr. Kan: The total cost of Phase I is approximately $8,000,000.
Commissioner Dawkins: How much?
Vice Mayor Plummer: Eight?
Mr. Kan: Eight million.
f
Commissioner Dawkins: Eight million?
Mr. Kan: Yes, sir.
1 Commissioner Dawkins: So now we're down from fifty million to eight. The
j total project, to begin with, was $50,000,000. So now we're down to eight
million.
Vice Mayor Plummer: How much was Phase II?
Mr. Kan: Now, well, Commissioner Dawkins, we're talking about constructions
costs. The overall sellout would be close to...
Commissioner Dawkins: No, no, no, construction cost is good enough for me.
Mr. Kan: Are you talking about the construction cost of the two projects, or
the overall sellout?
Commissioner Dawkins: Yes.
Mr. Kan: The overall...
Commissioner Dawkins: Yes, go ahead.
Mr. Kan: All right, the overall sellout of the project was $50,000,000.
Commissioner Dawkins: How much?
Mr. Kan: Is $50,000,000.
Commissioner Dawkins: Of Phase I?
Mr. Kan: The overall... no, the overall sellout of Phase I is probably
approximately around $20,000,000.
1
Commissioner Dawkins: OK, all right. So, are we talking about eight million
E dollars in construction and that would bring... what size of a building would
that put up? What would the tax base be when they finished this? -
approximately?
:
Mr. Kan: Approximately a hundred and seventy thousand or more.
Commissioner Dawkins: A hundred and seventy thousand dollars a year?
Mr. Kan: More or less.
Commissioner Dawkins: OK.
Mr. Kan: Probably more than that.
Commissioner Dawkins: Now, of the $8,000,000 construction...
Mr. Kan: Because that becomes appraised value of about the twenty-two
million. That goes on the tax rolls, not the construction cost, but the
sellout cost.
224 January 24, 1991
Commissioner Dawkins: Now, so...
Vice Mayor Plummer: You know the tax assessor reads our minutes. Go ahead.
Commissioner Dawkins: OK. So therefore, we got $8,000,000 that you're going
to put into construction and into the economy that badly needs it. Is that a
correct statement?
Mr. Kan: Yes, sir.
Commissioner Dawkins: Now, in the event that this gets a favorable vote, when
will you start to build?
Mr. Kan: The requirement of the variance was within 90 days of the approval.
So I'm assuming that if we were taking it from tonight, it would be 90 days
from tonight.
Commissioner Dawkins: Where do you plan to get laborers from?
Mr. Kan: Locally, as far as I know.
Commissioner Dawkins: Sir?
UNIDENTIFIED SPEAKER: Local, right?
Mr. Kan: Local contracts, Commissioner.
Commissioner Dawkins: Local means? See, some people say local, they mean
Jacksonville. Some people say local, they mean Atlanta, Georgia. Some people
say local, and they mean Kokomo, Mississippi.
Mr. Kan: My understanding is contracts will be open bid, and we're talking
about Dade County, principle contractors, and we're looking to require to deal
with a general contractor who will have set asides.
Commissioner Dawkins: OK. All I'm saying... OK, J.L. Plummer just made his,
I'm going to make myself clear. We have citizens in the City of Miami who
need work. We have contractors in the City of Miami who need work. We have
suppliers within the City of Miami who need to sell supplies. Now, if you are
going to contribute to the economy of the City of Miami, like get your
laborers from the labor hall on 62nd Street. Get your electricians from
Little Havana, and get your whatever else you need from, I mean, from within
what we have here, you got me. But if you're going to use a general
contractor from anywhere outside of the City of Miami or I'll even go to Dade
County, you don't have me. Because the general contractor takes the money and
take it out of Dade County and we don't get it. And the general contractor
usually bring in his work force. So when I talk with Mr. Shih at the very
beginning, I asked Mr. Shih, what would black people be able to get in here?
And I explained to Mr. Shih that we did not own a bank, and Mr. Shih said that
they were going to put a bank, but the black people could not get a bank
because that would be a branch of the biggest bank in China. So then Mr. Shih
told me that he didn't need anything, he had his money for financing. So that
left me no bargaining chip. So I don't expect us... we don't have any money
to purchase any of the stores. We as black people do not have any money to
run any of the businesses.
Mayor Suarez: Wait a minute, wait a minute, Commissioner. You know, we've
worked here for 12 hours. Mr. Manager, would you make sure that somebody is
in the back, clearing the back, so we don't have to put up with that noise any
more.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: All right, go ahead, Commissioner.
Commissioner Dawkins: Thank you, Mr. Mayor. Now, but we do have a lot of
minorities who need the work, Latin, black, Haitians, OK?
Vice Mayor Plummer: Anglos.
Commissioner Dawkins: No, you all.... shoot.
225 January 24, 1991
Vice Mayor Plummer: They're out of work also.
Commissioner Dawkins: Yes, that's right, Eastern Airlines put all you all out
of work. But, like you said, you're right, J.L., I'm going to go back. We've
got a hell of a lot of unemployed people locally.
Mr. Kan: I totally agree with you, Commissioner. And we're one of the few
entities that's proposing construction.
Commissioner Dawkins: OK, so I'm going to move that this be... what do I have
to do with this? -somebody over there.
Mayor Suarez: How can we enforce....
Vice Mayor Plummer: Whoa, whoa, whoa.
Mayor Suarez: ...any kind of a commitment of this sort?
Commissioner Dawkins: Wait a minute, J.L., wait a minute.
Mayor Suarez: If we can?
Commissioner Dawkins: Wait, J.L., I'll give you a chance. What do I have to
do?
Mr. Olmedillo: If you want to go along with the Zoning Board's decision and
attach additional conditions, you reaffirm that and attach whatever conditions
you want to that are reasonable. If you want to deny...
Commissioner Dawkins: No, I don't want to deny so you don't have to explain
that to me. OK, I'll listen to Commissioner Plummer.
Vice Mayor Plummer: OK, I would like to vote for this project, and I spoke to
Mr. Shih. The only way I can vote for this project is a guarantee that Phase
II will go. I mentioned a number of different angles to him, and the one that
we seemed to agree on is that they would put up a performance bond that would
be for a period of three years. That they would do what they say they're
going to do within three years, and that is to build Phase II and eliminate
the parking. And I want to tell you something, I think it is only reasonable
that the performance bond should be in the amount of what the parking would
cost this City to provide if, in fact, it's not being provided by the
developer. I have no set figure in mind. I spoke yesterday of $400,000
performance bond. God forbid that this place is built and does not eventually
have adequate parking. It will be a disaster. It will be a financial
disaster for the developer. It will be a financial disaster for the City.
There is just... I don't understand how we can even consider an application in
which 316 parking spaces are required, and at best they are providing 80.
That is 20 percent... I'm sorry, 25, they are providing 25 percent of what is
the min... And remember, this requirement of 316 is a minimum. It is not
maximum, it is minimum. They are not in effect, in my estimation, they are
going to build a restaurant in the estimated approximately 15,000 square feet.
That, in itself, will eat up the 80 parking spaces. It is their intent - and
I told them their intent is wrong - that they will get all of the parking
spaces they need on the street. That is not what we're here about. I think
that this Commission has got to have an absolute guarantee that Phase II will
be built. If not, I cannot under any circumstances, vote to allow 25
percent...
Mayor Suarez: All right, how...
Commissioner Dawkins: Make your motion. You make the motion and I'll second
it.
Mayor Suarez: Yes, how do you propose the guarantee? What size bond? Do you
have any idea...
Vice Mayor Plummer: Mr. Mayor, I would ask the administration, the
professionals, what they feel is what is adequate.
Mayor Suarez: That's who I'm asking then. All right, do you have any idea?
226 January 24, 1991
Commissioner Alonso: Yes.
Commissioner Dawkins: Make your motion and I'll second it.
Mr. Kan: Mr. Mayor...
Commissioner Alonso: I have a question...
Mayor Suarez: Wait, wait, wait, wait.
Commissioner Alonso: I have a question.
Mr. Kan: Well, everybody is...
Mayor Suarez: Jesus Christ! We've just asked a question to follow...
Commissioner Alonso: Do you have...
Mayor Suarez: Wait, wait, Commissioner.
Commissioner Alonso: Yes.
Mayor Suarez: ...to try to pursue what looks like a motion that might pass
here, counselor, so for you to interrupt when Commissioner Alonso is trying to
speak and what we're hoping to effectuate the proposal that is the only one I
can think of that might conceivably get you what you want, is beyond me.
Really, seriously.
Mr. Kan: Excuse me, Mr. Mayor, but I...
Mayor Suarez: Yes, your real best bet is to keep quiet at this point. Not...
Mr. Kan: My client would like to have an opportunity to speak.
Mayor Suarez: No, I don't want to hear from you, sir, right now.
Commissioner Alonso.
Commissioner Alonso: Yes, I'd like to know, do you have unit of title with
the property behind you?
Mr. Kan: We own the property behind us in the same corporate name, and we
have worked out a unity of title agreement with your Assistant City Attorney,
which we worked on for approximately four hours this afternoon, which was one
of the conditions of the approval of the Zoning Board was to work on the
covenant which could run with the land, and to my knowledge that has been...
Vice Mayor Plummer: Five times 236.
Mr. Kan: ...worked out with the City Attorney.
Commissioner Alonso: So, do we have this a guarantee now?
Miriam Maer, Esq.: No, if I could explain. The Zoning Board granted the
variance subject to certain conditions. One of the conditions was that a
unity of title be provided tying up that space to the east for 80 parking
spaces...
Commissioner Alonso: Yes.
Ms. Maer: ...and that that should be built out for the 80 spaces prior to the
certificate of occupancy being issued on the Biscayne Boulevard property.
There were some other conditions that the Zoning Board imposed as well. They
also provided however, that in the event that the applicant is able to locate
those 80 spaces elsewhere, they would then be released from having to provide
spaces on that adjacent parcel.
Vice Mayor Plummer: Have no problem with that.
Mayor Suarez: That makes sense.
Commissioner Alonso: Yes, that will have to take place at the time that they
will...
Mayor Suarez: Provide those 80 spaces.
Commissioner Alonso: ...get ready for the second phase.
Mayor Suarez: Or, in the second phase, right.
Commissioner Alonso: Second phase, those 80 spaces will have to go, because
you will build on that property. Is that right?
Mayor Suarez: And presumably, you will more than compensate for the 80
spaces, right.
Commissioner Alonso: Therefore, the 80 spaces will have to go somewhere else.
But in the meantime, the only guarantee that we will have that they will have
at least the 80 spaces, is if we have some unity of title that guarantee to us
that the 80 spaces will be there. Because if not, what actually we are doing
is granting them the permission with zero parking.
Mayor Suarez: Yes, or common ownership that has the....
Vice Mayor Plummer: Mr. Mayor...
F Mayor Suarez: ...condition enforceable. How about the Vice Mayor's concern
that, in fact, the second phase be built -or that adequate parking be provided
at some point. How were you planning to propose that?
Vice Mayor Plummer: Mr. Mayor, I have come about, which I think is... if they
don't build it, eventually we've got to provide it. OK? We the City, the
taxpayers.
Mayor Suarez: What does it come out to be?
1
Vice Mayor Plummer: They are 236 spaces short of what their minimum
requirement is.
Mayor Suarez: What is your bond requirement?
Vice Mayor Plummer: The administration says that it is $5,000 a parking
space, roughly. That comes out to $1,180,000 is my figures, if I'm... if
anybody will back it up. I think a performance bond in the amount of
$1,000,000 for three years is absolutely...
Mayor Suarez: I was going to suggest a million dollars myself.
Vice Mayor Plummer: I think that's...
Mayor Suarez: Counselor, do you want to address that before it's made into a
motion?
Mr. Kan: Before you make it into a motion, I'd like Mr. Shih to address the
council so he can at least be on the record, to make a record, and then
hopefully you won't consider the amount which would really be untenuous. I'd
also like you to consider that this is the only proposed construction project
in the area which has not received governmental assistance to be built. Mr.
i Cardenas was here and eloquently spoke about the Arena. Who provided all the
money for that? -government. The Performing Arts Center is being proposed.
Who's going to provide all the money? -government. The Peoplemover, which is
supposed to serve this corridor and hopefully ultimately make this into a
viable retail and residential corridor? -government.
Vice Mayor Plummer: That's nonprofit, sir.
Mr. Kan: OK, they are profit, that's the point.
Commissioner Dawkins: That's not important, air, because you see, you're
going to lose my vote, OK? Very easily, because you see, you're telling me a
lot of stuff and I'm telling you how I'm going to vote, what I'm going to vote
for. And instead of you saying, OK, I'm ready to go, you're going out and
telling me a whole lot of stuff and in five more minutes, I'm going to be
against you. I'll be against the project.
228 January 24, 1991
i
i
�1
i
t
Mr. Kan: Commissioner, I don't know that I can tell you, and that's why I
want Mr. Shih to address you, that he's willing to post a performance bond in
the amount of a million dollars.
Commissioner Dawkins: Hey, hey, the proposed... OK, let me say one thing...
Mayor Suarez: Wait, wait, I missed what he just said. Did you say that he
was or was not willing to post it?
Mr. Kan: I don't know. I need a second to discuss it with him.
Mayor Suarez: Absolutely. We understand that it's an important project. We
understand that is private money being put at risk, but we've got requirements
and we don't want to create a problem for the entire community by...
Vice Mayor Plummer: Well, you don't want to set a precedent either.
Commissioner Alonso: We all want the project and we think it's important for
the area, but we have to be careful too.
Vice Mayor Plummer: Am I correct that this application required nine
variances?
Mr. Olmedillo: I can list them for you...
Mr. Sergio Rodriguez: Eight.
Mr. Olmedillo: ...the parking, the loading...
Mr. Rodriguez: Eight.
Vice Mayor Plummer: Well, I went down the list...
Commissioner Dawkins: OK, before you ask...
Vice Mayor Plummer: Eight?
Commissioner Dawkins: ...before you answer his question, let me ask a
question. If you decided to do the Sears Building, how many variances would
you have to give them? You see, you're mixing apples and oranges, you know.
Either we're going to rehab and redo Biscayne Boulevard or we're not. See.
You're going to go over here and pick out an... one place and say, hey, what
do you got to do there? But if all of us right now decided that you were
going to redo the Sears Tower, you'd have to give them so many variances that
you'd have the... they've be a book thick.
Vice Mayor Plummer: Why? Why would they need variances? I don't know why
they would need any variances to reopen a store that exists?
Commissioner Dawkins: You don't know what they want to put in there.
Vice Mayor Plummer: Well, they obviously have more than adequate parking.
Mayor Suarez: He's just saying that... he just wants to start an argument so
these guys have time...
Vice Mayor Plummer: It's too late to do that.
Commissioner Dawkins: No, no, I got one simple thing to say, you know. We
are in a soft economy. The United States is suffering and got a slow economy.
Vice Mayor Plummer: It's going to get worse.
Commissioner Dawkins: We don't have nothing new, no cranes downtown, we're
not building nothing. And here we have a project that's willing to come in
and start building something that might spin off and start somebody else to do
something, that would start somebody else to do something, and we're sitting
up here telling him - which I have no problem with - because if he's foolish
enough to put up a million dollars, hey, put it up. I have no problem with
it. That's his money.
229 January 24, 1991
Mayor Suarez: All right, we've heard both sides of the argument. In fact,
we've heard both sides of the argument from the same Commissioner. Yes,
counselor. Rather eloquent and I'm not sure which way he would conclude after
having argued with himself for five minutes there. Yes.
Mr. Kan: Mr. Mayor, we would... well, one, we respectfully disagree with the
quick, $5,000 space calculation.
Mayor Suarez: Give us a figure because there's some of us here who are willing
to vote for this thing at a reduced figure, and are willing to do just about
anything to complete tonight's events, and, hopefully, to get you on the road
to an important project.
Commissioner De Yurre: Well, Mr. Mayor, let me just say that the $5,000
figure was kind of quick because it really cost between seven and ten
thousand.
Vice Mayor Plummer: Yes.
Mayor Suarez: Yes, it's actually not a high figure, but if you don't...
Vice Mayor Plummer: It's not a high figure at all.
Commissioner De Yurre: It's a low, it's a way low figure, so...
Vice Mayor Plummer: Hey.
Mr. Kan: Well, that assumes that there's no revenue from the spaces, which
you would then generate revenue from. That discounts the taxes that you're
receiving from the project itself.
Mayor Suarez: It is not as strict economic analysis with all...
Vice Mayor Plummer: It doesn't discount...
Mr. Kan: The most that our client can consider would be a $250,000
performance bond.
Commissioner Dawkins: Hey, J.,
, will you make a motion?
Vice Mayor Plummer: I made a motion. I'll make a motion right now, OK?
Commissioner Alonso: OK, why don't we let him answer?
Vice Mayor Plummer: I move that this matter be approved subject to them
posting a million dollar performance bond that they must perform and start
Phase II within three years was which they said they're going to do. That's
my motion.
Commissioner Dawkins: But it also has to include the other recommendations.
Vice Mayor Plummer: Oh, of course.
Mayor Suarez: OK. So moved.
Commissioner Dawkins: I second, I second.
Mayor Suarez: And seconded.
Ms. Maer: Mr. Mayor, Mr. Mayor, if I may, what we have...
Mr. Kan: Can't do it.
Commissioner Alonso: What did he say?
Ms. Maer: In that case, it would be a resolution denying the appeal,
affirming the decision of the Zoning Board granting the variances, subject to
those conditions and further subject to the condition that a million dollar
performance bond be posted guaranteeing...
Mayor Suarez: Sure.
230 January 24, 1991
Ms. Maer: ...the build out of the spaces and that...
Mayor Suarez: Absolutely.
Vice Mayor Plummer: With a three year stipulation which was what they told
me.
Ms. Maer: And - OK - subject for the three years....
Mayor Suarez: We got... you're a hundred percent correct, but you haven't
helped us along at all except to state...
Ms. Maer: But I want to have the record straight.
Mayor Suarez: Fine, you've got it. Now, counselor.
Mr. Kan: My client cannot do more than $250,000 performance bond, Mr. Mayor.
Mayor Suarez: All right, Commissioners, you've got the figure.
Vice Mayor Plummer: That's his... we'll do it subject to that and he either
puts it up or he doesn't. That's his...
i
Mayor Suarez: We have heard from Vice Mayor Plummer. We have heard from
iCommissioner Dawkins on this. Does anybody else on this Commission want to
try a $250,000 for that bond? If not, let's vote on the million dollars
because that is the motion before us.
Commissioner De Yurre: I'll substitute motion.
i
Mayor Suarez: Substitute motion with a $250,000 bond. So moved.
Vice Mayor Plummer: That's less than a $1,000 a parking space.
Mayor Suarez: I'll second the motion. You got it, Vice Mayor.
Commissioner Alonso: Yes...
Vice Mayor Plummer: God bless you.
l
Mayor Suarez: I hope so.
! Commissioner Alonso: I'd like to see this project going. I think we need
something for that area. We need this construction. I second the motion.
Mayor Suarez: OK.
Commissioner De Yurre: Third it.
Mayor Suarez: Call the roll.
231
January
24,
1991
GO
W
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 91-92
A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE
REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING
REQUIREMENTS," AND ARTICLE 20, SECTION 2008,
SUBSECTION 2008.9.2.1, SECTION 2013 AND SECTION 2023,
SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION
OF A 70,025 SQUARE FOOT COMMERCIAL BUILDING;
PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREET PARKING
SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET
LOADING BAYS; 0' FRONT SETBACK (10' REQUIRED); 0' SIDE
STREET YARD (7.5' REQUIRED); 8' SIDE YARD (42.9'
REQUIRED); 58%/31,639 SQUARE FEET OPEN SPACE
(64%/34,970.21 SQUARE FEET REQUIRED); 17%/9,200.43
SQUARE FEET OF PEDESTRIAN OPEN SPACE (21%/11,474.6
SQUARE FEET REQUIRED); AND ELIMINATING THE REQUIRED
VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE
BOULEVARD AND NORTHEAST 18TH STREET FOR THE PROPERTY
LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT NO.
1380 - "CHINATOWN", AS PER PLANS ON FILE DATED
NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME
LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING
PERMIT MUST BE OBTAINED, AND BEING CONDITIONED UPON
THE FOLLOWING: (1) THE 80 PARKING SPACES (AS
INDICATED ON PLANS ON FILE DATED NOVEMBER 7, 1990)
MUST BE PROVIDED ON THE BACK PORTION OF THE BLOCK (THE
NORTHEAST 4TH AVENUE PROPERTY); (2) PARKING SPACES (AS
PER PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE
PROVIDED PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY; (3) A UNITY OF TITLE FOR TRACT A, WHEREBY
THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT BE SOLD
SEPARATELY FROM THE BISCAYNE BOULEVARD PROPERTY, MUST
BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT;
(4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80
PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE
WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS,
THE APPLICANT SHALL BE EXEMPT FROM THE REQUIREMENT
THAT THESE SPACES BE PROVIDED ON THE BACK PORTION OF
THE BLOCK; (5) SAID PLAN MUST RECEIVE LANDSCAPE PLAN
APPROVAL BY THE PLANNING, BUILDING AND ZONING
DEPARTMENT OF THE CITY OF MIAMI, FLORIDA; (6) ANY
REQUEST FOR CHANGES TO THE HEREIN -REFERENCED PLAN FOR
PARKING SPACES MUST BE PRESENTED AT A PUBLIC HEARING
OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING
TO BE INITIATED AND PAID FOR BY THE APPLICANT; AND (7)
A COVENANT SUBJECT TO THE APPROVAL OF THE CITY
ATTORNEY, WHEREBY THE APPLICANT AGREES THAT THE
PROPERTY WILL BE SUBJECT TO THE HEREIN LISTED
CONDITIONS, MUST BE FILED IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; SAID VARIANCE BEING ALSO
CONDITIONED UPON THE APPLICANT POSTING A PERFORMANCE
BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00
VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE
OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT
THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE
CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S
PROJECT WILL BE COMMENCED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
232 January 24, 1991
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Absolutely, I am totally opposed. I think you are
setting a precedent that is going to be demanded by others. The day will
come - I hope not - that this matter will have to be addressed in which this
Commission will have spend taxpayers' dollars to build a parking facility, if
they don't. And I just don't think that we want to set - I don't want to
set - that kind of precedent of allowing people to build a structure with 25
percent of the required minimum parking. I think it's wrong, but the majority
rules.
Commissioner Alonso: I vote yes, and I'm sure we will be able to build
something with $250,000.
Commissioner Dawkins: I'm not going to be as eloquent as J.L. was, I'll just
say yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: What other matters do we need to absolutely resolve tonight
before... Just make sure they build Phase II and they put that parking in
there.
Mr. Kan: Thank you.
Mayor Suarez: Because, otherwise, J. L.'s...
Vice Mayor Plummer: I'll be here to remind you.
Mayor Suarez: ...predictions are going to turn true and we're all going to...
and he's liable to be here for another ten years.
Vice Mayor Plummer: What do you mean, liable to be?
42. (Continued Discussion) SECOND READING ORDINANCE: AMEND 10544 (MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000) - AMEND GOALS, OBJECTIVES AND
POLICIES AS TO FUTURE LAND USE; INTERPRETATION OF FUTURE LAND USE MAPS;
HOUSING; SANITARY AND STORM SEWERS, etc. (See label 35).
Mr. Olmedillo: Twenty-three. Twenty-three and twenty-four have to be heard
within sixty days of receipt from DCA (Department of Community Affairs). We
received it on December the 18th. We have until February the 18th, so if you
continue 23 and 24, it will have to be for the first meeting in February.
Vice Mayor Plummer; That's fine.
Mayor Suarez: Is there anyone here against the provisions of PZ-23? All
right, we've ascertained there's no one against it. What is it, in general
terms?
Mr. Olmedillo: It's the language of the Comprehensive Plan. We're making it
more flexible....
Commissioner Dawkins: What's your recommendation?
Ms. Hirai: It was tabled.
Mr. Olmedillo: To approve what we have on the record.
233 January 24, 1991
Commissioner Dawkins: Well, I move it.
Mayor Suarez: Moved to approve PZ-23.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Did we get a second on that?
Commissioner Alonso: Just a minute.
Mayor Suarez: Did you.... I'm sorry, go ahead.
Mr. Olmedillo: That is as...
Commissioner Alonso: I suppose it's all right that we vote for this even
though some people left.
Mr. Jorge Fernandez: It was never announced that this item would not be
taken, merely that it was being passed over.
Commissioner Alonso: OK.
Mayor Suarez: And I think some of the confusion of some of the folks that were
here thinking that they were against it, was resolved, yes.
Commissioner Alonso: OK. I'd like to have some changes. One is the high
density where it reads, "... 200 Latin Quarter", it should be all of Little
Havana. I don't see any situation that it's any different in Latin Quarter to
the rest of the area.
Mayor Suarez: There's no reason to differentiate...
Commissioner Dawkins: I accept that modification.
Mayor Suarez: There's no reason to differentiate 12th to 17th Avenue from the
rest of Little Havana.
Commissioner Alonso: Exactly.
Mr. Rodriguez: That's in the definition... it's on definition on page 2DD of
the package.
Mayor Suarez: OK, and that's Little Havana, as we understand it in the
Community Development target area. OK? Anything further? Sir, you had a
problem with 23?
Mr. Rodriguez: Put it on the record.
Mr. Dave Dahlstrom: My name is Dave Dahlstrom, I'm from DCA, and I just
wanted to make sure that the record reflects that the letter...
Mayor Suarez: The representative of the DCA to make sure your letter is in
the record. Ahal
Commissioner Alonso: It is.
Mr. Dahlstrom: It also applies to DCMM and 90-2 or PZ-23 and 24.
Mayor Suarez: Very good. Would you let Mr. Sadowski know that we need his
help in developing our community, and not his impediments in trying to adjust
our zoning code accordingly. All right.
Mr. Dahlstrom: I will note that and take it back to him.
Mayor Suarez: Thank you. And I think he's going to be very sensitive to us,
because he's from here, which is the first time we've got a DCA Secretary from
here. Call the roll.
Mr. Fernandez: Yes, I read it, 23.
r
AN ORDINANCE -
AN ORDINANCE,WITH ATTACHMENT, RELATING TO LAND USE,
AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, BY AMENDING THE GOALS,
OBJECTIVES AND POLICIES OF THOSE ELEMENTS PERTAINING
T0: FUTURE LAND USE; INTERPRETATION OF FUTURE LAND
USE MAPS; HOUSING; SANITARY AND STORM SEWERS; NATURAL
GROUNDWATER AQUIFER RECHARGE; POTABLE WATER; SOLID
WASTE COLLECTION; TRANSPORTATION; PORTS, AVIATION AND
RELATED FACILITIES; PARKS, RECREATION; AND OPEN SPACE;
COASTAL MANAGEMENT; NATURAL RESOURCE CONSERVATION; AND
CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL
COORDINATION, SAID AMENDMENT MAKING SUBSTANTIVE
ADDITIONS AND DELETIONS; ALSO MAKING TECHNICAL
CHANGES; FURTHER UPDATING DOLLAR AMOUNTS AND TIME
FRAMES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS ORDINANCE TO AFFECTED AGENCIES; AND PROVIDING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner De Yurre, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10832.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
43. (Continued Discussion) SECOND READING ORDINANCE: AMEND 10544 (MIAMI
i COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000) FUTURE LAND USE PLAN MAP -
CHANGE DESIGNATIONS WHICH AFFECT APPROXIMATELY FIVE PERCENT OF THE TOTAL
LAND AREA OF THE CITY (See label 36).
Mayor Suarez: And you had said that...
Commissioner Dawkins: What are you gentlemen here on please?
Mr. Rodriguez: Twenty-four.
Mayor Suarez: And 24, which is probably going to be the last item of the
evening. Because we needed to take action on it for a couple other reasons,
including the fact that Clemente Park would never be built otherwise.
Commissioner Alonso: Clemente Park.
Mr. Guillermo Olmedillo: There are on 24...
Mayor Suarez: Do you favor it?
UNIDENTIFIED SPEAKER: Oh, yes.
Mayor Suarez: OK, great.
235 January 24, 1991
Mr. Olmedillo: On PZ-24, due to the change in the language, one of the things
that we want to do is pull from the changes that we have made to all churches
and schools, the new language includes that churches, places of worship, and
primary and secondary schools may....
Mayor Suarez: Is there any reason why you're telling me all of this right
now?
Mr. Olmedillo: No, so you vote consciously of...
Mayor Suarez: I am going to vote exactly as you recommend.
Commissioner Dawkins: So move! So movel
Mr. Olmedillo: But, let me put on the record so...
Mayor Suarez: They like it, there's no one against it.
Mr. Olmedillo: But, let me...
Mayor Suarez: Please don't tell me any more about it, except what we need to
legally pass it, Guillermo.
Mr. Olmedillo: Pull from the changes the ones that apply to schools and to
churches, places of worship, which are the appendix list started on page 90.
That will be pulled away because it is not necessary, and also, the Wynwood
property, which is just north of the park, of Clemente Park, which was
proposed to you for duplex, instead of Parks & Recreation, we are going back
to the old designations, so all we have to do is pull it from the application.
Mayor Suarez: In fact, the general proposition that anything that isn't
necessary should be pulled, is a good one to apply in the future for the rest
of the time that you're in the City. Anything that's not necessary, please
don't propose to us. We got enough other things to do. All right, you're in
good shape with this, sir?
Commissioner Dawkins: You got to read it.
Mayor Suarez: Yes, please... If you got any problem with it, you'd better
tell us right now or forever hold your peace.
Mr. Philip Schofield: Maybe I'm wrong....
Mayor Suarez: Give us your name and address real quick.
Mr. Schofield: My name is Philip Schofield, 8965 S.W. 126th Terrace. And I'm
representing a church here in Coconut Grove that we want to build. And if I'm
wrong - did he say he wanted to withdraw that from the list?
Mayor Suarez: Does that resolve his problem or does that aggravate his
j problem?
Mr. Olmedillo: Yes, the change in language will resolve his problem because
he is in a residential district, and now it will be permitted within the
residential districts.
Mayor Suarez: All right.
Mr. Olmedillo: So, it will create... it will alleviate his problem.
- Mayor Suarez: Mr. Schofield, you got it.
Mr. Schofield: Thank you, sir.
Mayor Suarez: Toyota. All right. Call the roll.
236 January 24, 1991
AN ORDINANCE -
AN ORDINANCE,WITH ATTACHMENT, RELATING TO LAND USE,
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND
USE PLAN MAP, BY CHANGING LAND USE DESIGNATIONS, WHICH
AFFECT APPROXIMATELY FIVE PERCENT OF THE TOTAL LAND
AREA OF THE CITY; SAID CHANGES BEING MORE PARTICULARLY
DESCRIBED HEREIN; BY MAKING FINDINGS; BY AMENDING SAID
PLAN MAP ACCORDINGLY; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; AND CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of June 28, 1990,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Miriam Alonso
Vice Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10833.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Why are you looking unhappy?
UNIDENTIFIED SPEAKER: I'm not, I'm just waiting for somebody.
Mayor Suarez: Very good. All right, we're... I know that Sarah is looking
unhappy because God knows why, but I'm not sure I want to know...
Ms. Sarah Eaton: This is the third time.
Mayor Suarez: ...so we're adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:31 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Xavier L. Suarez
M A Y O R
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