HomeMy WebLinkAboutCC 1990-03-22 Minutesr e�
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18 F9 96
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OF DEFYING NELU ON MARCH 22, 1990
PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX —
MINUTES OF REGULAR MEETING _
CITY COMMISSION OF MIAMI, FLORIDA
MARCH 22, 1990
-------------------------------------------------------------------
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. DISCUSSION CONCERNING PROPOSED NEW AIR M 90-224 1-3
ROUTES BETWEEN MIAMI AND TOKYO 9 (See 3/22/90
label 3).
2. DISCUSSION CONCERNING CITY ATTORNEY'S M 90-225
REPORT CONCERNING EVALUATION OF 3/22/90
SOLICITATIONS RECEIVED FOR CITY BOND
COUNSEL - SET MEETING OF APRIL 12TH FOR
FINAL SELECTION BY COMMISSION.
3. (Continued Discussion) PROPOSED NEW AIR DISCUSSION
ROUTES BETWEEN MIAMI AND TOKYO (See 3/22/90
label 1)
4. RESCIND RESOLUTION 90-202 - AUTHORIZE R 90-226
AGREEMENT WITH MIAMI BUS BENCH JOINT 3/22/90
VENTURE (D/B/A BUS BENCH COMPANY) TO
MANUFACTURE, INSTALL AND MAINTAIN 1,500
BUS BENCHES CITYWIDE AND TO SELL
ADVERTISING ON A PORTION OF THEM.
5. CONSENT AGENDA.
5.1 ACCEPT PLAT: "FERN ISLE GARDENS".
5.2 ACCEPT PLAT: "BAYROCK SUBDIVISION".
5.3 AUTHORIZE PROFESSIONAL SERVICES
AGREEMENT WITH GLADYS KIDD AND
ASSOCIATES TO PRODUCE THREE PUBLIC
SERVICE ANNOUNCEMENTS AND ONE VIDEO TO
ASSIST SOLID WASTE. DEPARTMENT IN THE
EDUCATIONAL COMPONENT OF THE "CURBSIDE
RESIDENTIAL MULTI -MATERIAL PILOT
RECYCLING PROGRAM".
6. (A) PERSONAL APPEARANCE BY RONALD
FRAZIER CONCERNING ONGOING LITIGATION
WITH THE CITY OF MIAMI.
(B) RATIFY EMPLOYMENT OF DANIELS,
MASON AND KASHTAN, PA (LAW OFFICES) TO
SERVE AS CONSULTANT IN THE CASE OF
MCNEW MARINE CONSTRUCTION, INC. VS.
CITY OF' MIAMI VS. RONALD A. FRAZIER AND
ASSOCIATES, ET AL - ALLOCATE AN
ADDITIONAL $25,000 - TO BE REVIEWED AT
THE NEXT CITY COMMISSION MEETING.
4-6
7-9
10-11
11-12
3/22/90
R 90-227 12
3/22/90
R 90-228 12
3/22/90
R 90--229
3/22/90
DISCUSSION
R 90-230
3/22/90
13
13-18
7. RATIFY EMPLOYMENT OF STEEL, HECTOR AND
R 90-23J. 18-20
- DAVIS (LAW OFFICES) AS CONSULTANT IN
3/22/90
CASE OF PNM CORPORATION VS. CITY OF
_
= MIAMI VS. FULER AND SADAO - ALLOCATE
_ ADDITIONAL $65,000. (BAYFRONT PARK)
- 8. EMERGENCY ORDINANCE: AMEND 10642 - (a)
ORDINANCE 20-21 _
= ESTABLISH NEW PROJECT. "PEACOCK PARK
10717 ��-
- GLASS HOUSE - AIR CONDITIONING
3/22/90
IMPROVEMENTS" (PROJECT 331355), AND
(b) INCREASE APPROPRIATIONS TO PROJECT:
"CITYWIDE NEIGHBORHOOD PARK
RENOVATIONS" (PROJECT 331303) - FOR
PARK FURNISHI14G FOR EAST BY VISTA PARK.
9. AUTHORIZE ISSUANCE OF PURCHASE ORDERS R 90-232 21-23
TO COMPLETE REQUIRED HANDICAPPED 3/22/90
IMPROVEMENTS IN CONSTRUCTION OF
BAYFRONT PARK REDEVELOP14ENT - NORTH END
AND AMPHITHEATER - PHASE II (CIP
PROJECT 331302).
10. CONFIRM IMPACT FEE BOARD'S DECISION NOT R 90-233 23-30
TO WAIVE IMPACT FEES ON NEW 3/22/90
CONSTRUCTION AT 1411 N.W. 14 AVENUE.
11. DISCUSS AND CONTINUE TO MEETING OF DISCUSSION 30-31
APRIL 12TH CONSIDERATION OF A REQUEST 3/22/90
FOR REVIEW OF IMPACT FEE BOARD'S
DECISION WHICH ADJUSTED IMPACT FEES
ASSESSED FOR NEW CONSTRUCTION AT 3275
CORAL WAY.
12. DESIGNATE APRIL 1990 AS "ENVIRONMENTAL R 90-234 32-34
AWARENESS MONTH IN THE CITY OF MIAMI, 3/22/90
FLORIDA" - PROMOTE ACTIVITIES TO
PRESERVE GLOBAL ENVIRONMENT - LAUNCH
"DECADE OF THE ENVIRONMENT" IN BAYFRONT
PARK AMPHITHEATER. (EARTH DAY)
13. GRANT REQUEST FOR CLOSURE OF DESIGNATED R 90-235 35
STREETS CONCERNING GRAND OPENING OF 3/22/90
CARIBBEAN MARKETPLACE.
14. WAIVE PROHIBITION AGAINST APPEARANCE OF R 90-236 35-36
ROBERT V. FITZSIM..-'uS (AS PROHIBITION 3/22/90
APPLIES TO A CITY U.FICER, OFFICIAL,
EMPLOYEE OR 14EMBER OF ANY BOARD,
COMMISSION OR AGENCY).
15. CONTINUE CONSIDERATION OF PROPOSED DISCUSSION 37-38
RESOLUTION FOR OFFICIAL VACATION AND 3/22/90
CLOSURE OF DESIGNATED STREETS (S.W. 6
STREET LYING WEST OF WEST RIGHT -OF -WAX
LINE 01' SOUTH MIAMI AVENUE) (Applicant:
State of Florida, Department of
Transportation).
16. DIRECT CITY ATTORNEY TO DRAFT AN M 90-237 38-42
ORDINANCE WITH RECOMMENDATIONS 3/22/90
CONCERNING COUNTY ATTORNEY'S
RECOMMENDATION PERTAINING TO HISTORIC
PRESERVATION POLICIES.
17.
DISCUSSION CONCERNING LOCATIONS BEING
R 90-238
42-46
CONSIDERED BY FEDERAL BUREAU OF PRISONS
3/22/90
FOR CONSTRUCTION OF JAIL FACILITIES IN
MIAMI - INSTRUCT ADMINISTRATION TO
CONVEY THE CITY'S DISPLEASURE REGARDING
SAID CONSTRUCTION, BUT FAVORING SITE
"A" OVER ANY OTHERS.
18.
DENY APPEAL BY OBJECTOR (ARTURO
R 90-239
46-69
CARABALLO) - UPHOLD ZONING BOARD'S
3/22/90
DECISION TO APPROVE COOKING AT 3328
S.W. 23 TERRACE - WITH PROVISOS A'o TO
PARKING, TRASH AND PROHIBITION OF DEEP
FRYING.
19.
(A) SECOND READING ORDINANCE: AMEND
ORDINANCE
69-71
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
10718
1989-•2000 - CHANGE LAND USE DESIGNATION
DISCUSSION
FROM DUPLEX RESIDENTIAL TO RESTRICTED
3/22/90
COMMERCIAL. (Applicant: Coral Way
Building Corp.)
(B) DIRECT CITY ATTORNEY TO DRAFT
PROPOSED ORDINANCE SETTING UP SPECIAL
FUND TO ACCEPT ALL FUTURE VOLUNTARY
PROFFERED COVENANTS INVOLVING MONETARY
CONTRIBUTIONS TO THE CITY.
20.
SECOND READING ORDINANCE: AMEND ZONING
ORDINANCE
71-72
ATLAS - CHANGE ZONING DESIGNATION AT
10719
3401-3417 S.W. 22 TERRACE AND 2210-2248
3/22/90
S.W. 34 AVENUE FROM RG-1/3 TO CR-
2/7.(Applicant: Coral Way Building
Corp.
21.
FIRST READING ORDINANCE: A14ENDING
ORDINANCE
72-85
ZONING ATLAS - CHANGE ZONING
FIRST READING
DESIGNATION AT 596 N.W. 49 AVENUE AND
3/22/90
4901 N.W. 5 STREET FROM RG-3/6 AND RG-
1/3 TO CR-2/7.
22.
(A) EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE
85-93
ARTICLE 10 ("CODE ENFORCEMENT BOARD") -
10720
PROVIDE FOR APPOINTMENT OF TWO
R 90-240
ALTERNATE MEMBERS TO BOARD OF SEVEN -
3/22/90
PROVIDE FOR REMOVAL OF BOARD MEMBERS
AFTER DESIGNATED NUMBER OF ABSENCES
FROM BOARD MEETINGS.
(B) APPOINT SANTIAGO ECHEMENDIA AS
MEMBER OF CODE ENFORCEMENT BOARD.
23.
SEND BACK TO PLANNING DIRECTOR REQUEST
M 90-241
93-94
FOR SPECIAL CLASS C PERMIT FOR
3/22/90
CONSTRUCTION OF 19-STORY (251 UNITS)
CONDOMINIUM PROJECT ("THE OASIS ON
BRICKELL") PROPOSED FOR 2121 BRICKELL
AVENUE - INSTRUCT PLANNING DIRECTOR TO
RESCIND PERMIT.
24.
CITY COMMISSION EXTENDS VOTE OF
M 90-242
95-97
CONFIDENCE IN SUPPORT OF CITY OF MIAMI
3/22/90
POLICE CHIEF PERRY ANDERSON.
25.
CITY COMMISSION EXTENDS VOTE OF
M 90-243
98-101
CONFIDENCE IN SUPPORT OF CITY MAINAGER
3/22/90
CESAR ODIO.
26.
DEFER CONSIDERATION OF PROPOSED CLAIM
DISCUSSION
101-102
SETTLEMENT REGARDING ARTHUR ROBY.
3/22/90
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 22nd day of March, 1990, 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. 4:02 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso _
Mayor Xavier L. Suarez --
ABSENT: Vice Mayor Miller J. Dawkins
Cesar Odio, City Manager =
ALSO PRESENT:
Sergio Rodriguez, Assistant City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. DISCUSSION CONCERNING PROPOSED NEW AIR ROUTES BETWEEN MIAMI PYD TOKYO 9
(See label 3).
Mayor Suarez: Is Attorney Nino Lucio anywhere out there? Commissioners,
there is an item that I would like to raise with you which had been scheduled
for the last Commission meeting. We didn't get to it and at least by way of
advising you where we are, you each got a large folder or binder with all of
the activities related to the proceedings to bring hopefully an air -route
between Miami and Tokyo through L.A. called the gateway proceedings. What we
did and I say we, meaning the Downtown Development Authority, basically a few
months ago, concerned that not enough was being done by Miami in, - I mean
Miami there in the general sense - is involved, the Downtown Development
Authority in a proceeding intervening on behalf of Greater Miami. As it turns
out and you will see in those documents, other cities specifically in the
state of Florida, Tampa and Orlando also intervene on behalf of them having
the route between the Miami area, rather their areas and Tokyo through those
particular carriers. So far we have been kind of doing everything with DDA
(Downtown Development Authority) resources and attorney Nino Lucio whom I
recommended to DDA and there is very little that I need for you to do except
to be aware of it. I consulted with the Manager, filing that not only on
behalf of DDA, but on behalf of the City, and he agreed with that. But I think
it's important that the entire Commission, if you think as I do, that it's
important that the City of Miami and Greater Miami be represented in those
proceedings, that the City of Miami also continue the intervention in support
of Miami as a City now to have this route between, initially between Miami,
L.A. and Tokyo and both airlines of course are being supported. The only two
that are applying are Pan American and American. The County now 1 believe or
although even at this late stage, I'm not J-00 percent sure, has also
intervened and we are proposing when and if the County will allow them to join
up with the County in a joint proceedings so that we can essentially not have
to spend any of our resources. The main thing that I would like from the
Commission is your vote of endorsement of the concept that the City should be
represented. As soon as Mr. Lucio is here if you have any questions of him as
to what we have put together and what it has cost so far. I think DDA has
1 March 22, 1990
paid for his legal services, about V ,800.00. He is disposed to and inclined
to continue helping the City on a pro bond_ basis. I think at, some point he —
ought to be paid and I'm going to try to find as much as I can from DDA
resources. Conceivably at some point I'll ask the City and the Commission to
approve some kind of funding for Nino, not at this point. I just want to let
you know about the suit, the intervention rather, and ask whether anyone on
the Commission would like to make a motion that we continue that intervention =
and get a full report from the Manager and/or Mr. Nino Lucio on the =_
proceedings before we carry on any further. I£ the Commission were of the
opinion that we should not continue to intervene in the proceedings in favor —
of Miami, then of course we can rescind our intervention, I guess, or just
withdraw from the proceedings. The proceedings... —
Commissioner Plummer: Question.
Mayor Suarez: ...Yes.
Commissioner Plummer: Are we talking about three airlines vying for the
route?
Mayor Suarez: So far I'm only aware of two. Pan Am and American because the
route is Miami, L.A., Tokyo.
Commissioner Plummer: The material which you furnished my office, shows a
Japanese airline.
Mayor Suarez: OK, there are also proceedings for Japanese carriers to be
approved by their own department of transportation in a corresponding way to
our airlines, but these are proceedings in F.D.O.T. (Federal Department of
Transportation) to select American airlines only.
Commissioner Plummer: Let me just clarify then for the record.
Mayor Suarez: There will be three Japanese airlines selected and three
American.
Commissioner Plummer: In other words there will be three of each?
Mayor Suarez: Right. But the only two that are competing...
Commissioner- Plummer: We are not in any way broaching one over the other?
Mayor Suarez: No, right, exactly.
Commissioner Plummer: OK, I mean, you know, I feel a thing that we got to
support the American companies first and foremost.
Mayor Suarez: Right. The two that are applying before F.D.O.T., before the
Federal Department of Transportation, are both American carriers. And that's
the intervention that we are supporting or the application...
Commissioner Plummer: Mr. Mayor, I have no problem with the intervention at
this particular point. I think the Commission should be aware though what
this matter financially could entail in its total. I mean if we're talking
about possibly a thousand dollars more in legal fees or fees or whatever
that's one thing, if we are talking about ten thousand or more, I would say to
support the issue is no problem for me, financial support is a different
question. And I would have to know what we are looking at in total.
Mayor Suarez: Well I would appreciate your endorsement of it with the
clarification that there is no financial commitment whatsoever at this point.
Commissioner Plummer: I so move.
Mayor Suarez: Second somebody?
Commissioner Alonso: I second.
Mayor Suarez: Thank you. Any discussion as to the City's involvement in the
intervention proceedings with the caveat that we don't allocate any monies or
commit to any monies for legal fees at this point, if not, please call the
roll.
2 March 22, 1990
The following motion was introduced by Commissioner Plummer., who moved its
adoption: —
MOTION NO. 90-224
A MOTION OF THE CITY OF MIAMI COMMISSION WARMLY
SUPPORTING AND ENDORSING THE PANAMERICAN AIRWAYS AND --
AMERICAN AIRLINES APPLICATIONS PRESENTLY BEFORE THE _
FEDERAL DEPARTMENT OF TRANSPORTATION SEEKING
Nor -
ASSIGNMENT OF TWO AIR ROUTES PROPOSED TO GO MIAMI-LOS
ANGELES-TOKYO; FURTHER STIPULATING THE CITY OF MIAMI
SHALL CONTINUE TO INTERVENE WITHOUT ANY SPECIFIC -_
_ MONETARY COMMITMENTS AS OF THIS TIME; AND FURTHER _
REQUESTING THE CITY MANAGER TO GIVE A FULL REPORT AS
= TO THE STATUS OF THESE PROCEEDINGS BEFORE THE CITY _
COMMISSION WILL CONSIDER DEEPER INVOLVEMENT. "-
Upon being seconded by Commissioner Alonso, the motion was passed and _--
adopted by the following vote: _
AYES: Commissioner Victor De Yurre =_
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez _
NOES: None. _
ABSENT: Vice Mayor Miller J. Dawkins
Mayor Suarez: Yes, if Mr. Lucio is here at some point, I will like to show _
the Commission, he is going to bring in what other cities are doing and not by _—
way of scaring you on that question Commissioner Plummer, of the resources,
but Houston for example which is competing against this area, has put together
an incredible set of, an incredible presentation which Mr. Lucio thinks .it's _
worth about $120,000. So far what I'm thinking, his fees will end up
totalling and I am looking for ways to pay it, I am not asking the
Commissioner at this point to commit to those, maybe in the realm of five to --
ten thousand dollars. So he is...
Commissioner Plummer: Well, but here again, my next question has to he whose
responsibility it is, if it is Metro Dade Aviation Department, what have they
committed?
Mayor Suarez: Well, I was hoping you wouldn't get into that.
Commissioner Plummer: I'm sorry, I didn't... strike the question.
Mayor Suarez: We were concerned for a while that Metro Dade was not going to
make the deadline for the intervention and we think even though they
intervened late as we did also that their intervention will be approved out of
time. In other words...
Commissioner Plummer: Well even if that be the case, they can surely give us
the money to act in their behalf.
Mayor Suarez: Yes, if...
Commissioner Plummer: More than a letter is all I've seen in their efforts so
far.
Mayor Suarez: So far it's only DDA resources and I did want to let the
Commission know about it too because at some point DDA comes with its budget
here and I want you to know that I think so far its been $1,800.00 in legal
fees.
Commissioner Plununer: If you are on this Commission long enough, history
repeats itself, we are now back into foreign policy.
Mayor Suarez: Well, carriers coming into Miami from the Far East is...
3 March 22, 1990
2. DISCUSSION CONCERNING CITY ATTORNEYS REPORT CONCERNING EVALUATION OF
SOLICITATIONS RECEIVED FOR CITY BOND COUNSEL - SET MEETING OF APRIL 12TH
FOR FINAL SELECTION BY COMMISSION.
Commissioner Plummer: Mr. Mayor may I...
Mayor Suarez: Yes.
Commissioner Plummer: Just for clarification, I see so many high priced
lawyers in the audience that we are privileged to have but my understanding of
item 3, is just a report, it's not a selection.
Mayor Suarez: Very good question.
Commissioner Plummer: And if that is in fact the case, they are welcome to
stay, but I think some of them might think we are going to make a selection
today and I don't think that that is where I am at this particular point. So
for clarification is the only reason I am asking.
Mayor Suarez: Mr...
Commissioner Plummer: I'm not trying to jump the schedule, I just thought
that these very busy and expensive lawyers would like to go back to their
office, if they are here under a false pretense.
Mayor Suarez: I thought they were here to offer their legal help on the
gateway proceedings and I...
Commissioner Plummer: They will before the counsel is selected.
Mayor Suarez: Mr. City Attorney why are we are on that as long as...
Mr. Jorge Fernandez: Commissioner Plummer is correct. I am reporting back to
you, as you instructed me to do so by today's meeting, of who were those
individuals that responded to our RFP (Request for Proposals) for bond
services and I have reported to you but there is absolutely no requirement
that you today at this date make a decision. My representation to the legal
community in putting out this RFP was that on March 22, 1990 the City
Commission will consider authorizing our office to engage any such firm that
you may choose. But there is no obligation on you today to make that
selection. However, there is no prohibition against you making that selection
today also, but that is entirely up to you.
NOTE FOR THE RECORD: Vice Mayor Dawkins entered the meeting at
4.12 p.m.
Commissioner Plummer: Mr. Mayor, it is my understanding that the basic report
is that there are eight firms who have asked to be considered. All eight
firms are in fact deemed by the City Attorney as qualified and in the "Red
Book" I assume.
Mr. Fernandez: Correct.
Commissioner Plummer: That is the nomenclature and I would suggest that we
schedule April 12th as the day to select, and give us the opportunity to go
and have interviews with any and all of these people so that we can
understand. I've got a stack like Miriam has here, this high and I've not had
the opportunity to read them nor to interview them individually. So I would
suggest that we have that selection made for April 12th.
Mayor Suarez: Sounds awfully good to me, unless anyone has any objection to
that?
Commissioner De Yurre: No, I was ready to vote today but I got no problem
with that.
Coaunissioner Plummer: Well you lawyers are well versed and know them better
than us non -lawyers.
4 March 22, 1990
Commissioner De Yurre: Then all you got to do i.s follow quit.
Commissioner Plummer: Follow the suit, that scares me. If I can find two
lawyers that agreed, I will follow suit, but that. is the problem.
Vice Mayor Dawkins: We're holding off on that until the next meeting?
Commissioner Plummer: Yes.
Mayor Suarez: It was not. clear on the agenda if we were expected to have a
determination made. I know I've heard from a couple of firms and I've not
heard from all and I did not even know for sure if there was eight but I was
told there was eight.
Commissioner Plummer: That's how many books 1 have.
Commissioner Alonso: Yes eight.
Mayor Suarez: I think our own staff is going to try to convince us to look at
possibly at existing bond counsel for a variety of reasons, as Mr. Bailey was
telling me justa few minutes ago, and I think we ought to have to take the
time to consider all of that between now and April 12th, unless anyone has any
objections to that. OK, so...
Commissioner Plummer: I'll move that the selection be made on April 12th.
Mr. Fernandez: .lust a point of clarification and then for the benefit of
everyone who maybe interested, does that mean that you expect them to contact
your offices, set up appointments to discuss proposals with you, or that you
would call them if you need them?
Commissioner Plummer: If they wish they can call my office and make an
appointment.
Vice Mayor Dawkins: And how much more lobbying can be done than already have
been done?
Commissioner Plummer: Oh I, let me be honest with you. The only lobbying
that I have had was by an old friend who came in and paid a social visit
today.
Commissioner De Yurre: Who was he promoting?
Commissioner Plummer: One of the firms.
Commissioner Alonso: How about that.
Mayor Suarez: One of the big eight. OK, anything further on that? Do we
have a second on that motion? Do we have a second on the motion to handle
this? Actually, procedurally...
Vice Mayor Dawkins: Second.
Mayor Suarez: ...I am not sure that we need a motion because it is not clear
that we are supposed to decide. Hopefully between now and then Mr. City
Attorney, the thing I am interested in i.F meeting with you and deciding for
myself whether, and perhaps try to convince the Commission of this, whether
there is a way that we can somehow not have to select and use all eight on a
rotating basis. It just seems to me again that every time we are faced with
the situation of bond counsel or any other kind of counsel, that we are
selecting among people or entities any one of which is quite competent to do
the job and on variety of factors.
Commissioner Plummer: I think seven is enough.
Commissioner De Yurre: Well I would like to keep the three that we have had.
I don't want to, you know.
Mayor Suarez: You want to keep it to, all right. In any event if that makes
any sense at all I'll like to discuss it with you.
5 March 22, 1990
Commissioner Pltimme.r: I think there is one other thing that woiild he helpful
to me Mr. City Att.orney...
Mr. Fernandez: Yes.
Commissioner Plummer: ...And it's an issue that I brought up before and I
think that you could give us somewhat of a history. The contention is that
there is not sufficient bond work in this City .for "X" whatever "X" may be,
three firms, four firms, five firms. And I think that we have to keep that in
mind. So I would suggest that you furnish my office with, all of our offices,
with a history of what has transpired in the past and then we can somewhat
make up our minds on to the number of bond counsels that I think that would be
appropriate.
Mr. Fernandez: As well as let you know in consultation with the Finance
Department and with the Administration, how many bond issuances we are
anticipating in the future because that would be...
Commissioner Plummer: I think that is also important but I think the total
amount of the bonds is what the fees are based upon and as such I think that
should be a criteria also.
Mayor Suarez: So moved. Commissioner Alonso.
Commissioner Alonso: And then, yes another point of clarification. Then we
are saying that in April 12th, we are going to make the final decision and we
are going to agree in the number of companies. Are we going to go into, it
has been mentioned seven, eight, three, are we going to come then with a
discussion and final decision in the number and the companies?
Commissioner De Yurre: I would rather, I'll tell you right now, I'd rather
keep it at three and then I think that the less number that we have is the
better because that way we can work with and become, you know we have
companies or law firms that are familiar with the work that we need done.
That is just my feeling at this point.
Commissioner Plu=ner: Well, I'll voice my opinion of five. I think there is
enough to go around but that is again why I have asked the City Attorney to
_- furnish me with the history and what is projected in the bond issues so that
we will look at that.
Commissioner Alonso: OK.
Mayor Suarez: OK, if everybody would consider that we will make that
determination, Commissioner, at that point. So moved in second as to setting
it for April 12th discussion and final determination. Any discussion? If
not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 90-225
A MOTION OF THE CITY OF MIAMI COMMISSION STIPULATING
THAT THE SELECTION TO BE MADE CONCERNING THE LAW FIRMS
WHICH SHALL REPRESENT THE CITY OF MIAMI AS BOND
COUNSEL. SHALL TAME PLACE AT THE MEETING OF APRIL 12,
1990.
Upon, being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
6 March 22, 1990
LA
3. (Continued Discussion) PROPOSED NFW AIR ROUTES BETWFF.,N MIAMI. AND TOKYO
(See label 1)
Mayor Suarez: Counselor, Mr. Lucio, sir, we voted to have the City intervene.
We have not voted any funds for you. Would you just step up to the mike if
you would and show the Commission at least what Houston is doing so they have
an idea what a comparative one is and if any Commissioner would like to be
further briefed on a personal basis by you as to what we are doing and why,
it's complicated. But maybe at this point if, since the items, since we have
other items to consider, if you would just show what Houston is doing and
explain very briefly what we have been doing.
Mr. Nino Lucio: Be very happy to. Mr. Mayor, City Commissioners, ladies and
gentlemen, there is a proceeding that was instituted by the US Department of
Transportation in Washington, D.C.
Mayor Suarez: Would you state your name for the record and also might as well
mention your title with the I.T.B. (International Trade Board) in the City.
Mr. Nino Lucio: Sure. My name is Nino Lucio, I am an Attorney with the firm
of Weil Lucio Handler and Croland. I specialize in international legal
matters. I am also a voluntary member of the City's International Trade Board.
As I was stating, the Department of Transportation has commenced a proceeding
to award route authority between the US and Japan. It is a highly contentious
proceeding. There is apparently three routes that will be awarded between US
cities and Tokyo. There have been eleven airlines that have been applied.
There have been in excess of thirty different communities that have applied.
An example of the type of application that is made by one of these communities
is the Houston one, which is probably one of the better ones around. If
anyone wants to take a look at it, you know, you could certainly compare it.
It is probably a hundred to a hundred and twenty thousand dollar job to be
able to produce something like this. The advantages of being able to get one
of these three routes is really essential, I think, for the City of Miami. It
is particularly critical to take advantage of the two route applications that
involve a Miami/L.A/Tokyo service. Both American Airlines and Pan American
World Airways have applied for such route authority.
Mayor Suarez: The only two carriers that have applied, as I stated to the
Commission before, are Pan Am and American from Miami.
Mr. Nino Lucio: That is our understanding at this point.
Mayor Suarez: And both are identical routes?
Mr. Nino Lucio: Both are identical routes except that...
Mayor Suarez: And we are supporting both routes in their application?
Mr. Nino Lucio: We are supporting both routes without discrimination
whatsoever, that is correct, Mr. Mayor.
Mayor Suarez: Now, Vice Mayor Dawkins and I, in a delegation that we went to
the Far. East, also met with Japanese carrier, but that would apply to their
proceedings and does not conflict in any way with this. I think Commissioner
Alonso asked about.
Mr. Nino Lucio: That is absolutely... They are separate proceedings, one
before the Japanese Minister of Transportation under the Japanese side.
Mayor Suarez: There will be three Japanese carriers in those proceedings
approved?
Mr. Nino Lucio: There are three routes that Japanese carriers will be
awarded, that is correct.
Commissioner Plummer: But let me just, if I may. I don't want to see this
Commission in a position of being accused of favoring a foreign carrier over
local carriers. I asked the Mayor and his response was that there will be
7 March 22, 1990
granted three Japanese firms and three United States firms and they are not in
competition with each other.
Mr. Nino Lucio: That is correct. Not at all, Mr. Commissioner. _
Commissioner. Plummer: OK, I just don't want it to go on record of getting
criticized later that I've supported a foreign over a local.
Mayor Suarez: Oh, one other thing that I didn't mention that is clear in the
documents that we delivered to you, is that the State of Florida, I forgot to
mention also intervened, also late, and I think their application...
Commissioner Plummer: And also no money.
Mayor Suarez: Right. Their motion has been approved, I believe, to
intervene?
Mr. Nino Lucio: The motion has been approved to intervene. Mr. Mayor, just
very briefly, in terms of Florida, we found out that the City of Orlando and
the City of Tampa had intervened in this proceeding to try and get a route
authority granted to their cities. Jacksonville, I believe, was also
interested in intervening I am not sure whether it intervened or not. So you
basically had Orlando and Tampa. At the time that we searched the record Mr.
Mayor, we found out that the City of Miami had not been represented by any
applicant. There was absolutely no representation on the part of the City of
Miami or Dade County or anyone in the proceeding. It was at that point that
when we then discussed this matter with the Downtown Development Authority and
yourself, we were basically told that this would be something would be good to
do because an important hub airport in area like Miami, it was sort of really
strange for it not to have a route and the most significant thing about this
route authority is that Miami cannot, because of technological limitations,
get nonstop service to Japan. There is no aircraft that goes from Miami to
Tokyo, period, crosses in the Pacific. There is no way for it to get there.
The only way for Miami to ever have convenient one -stop service to Japan is to
be able to have a route granted through a gateway city, such as Los Angeles or
Seattle or Houston or a city of that sort.
Mayor Suarez: And that's what both of these carriers are trying?
Mr. Nino Lucio: That's what both of these carriers are doing...
Mayor Suarez: Don't say it could never happen direct because some day there
will be planes and I am sure in fact, these planes technically can probably
make it but anyhow.
Mr. Nino Lucio: But, my only point on that one being is that the next time
that Japan and the US decide to negotiate another treaty and award each other
additional routes may be very long and far in coming. So this is really the
only shot I think that Miami has in the foreseeable future of having this
route authority. Without that, I just don't think we will have it. It will
be as in the case of the trade mission going from Miami to New York switching
airlines and airports having about a two or three hour layover taking then
another flight that would arrive very late in the day. That's really right
now what you have for available service.
Mayor Suarez: And one last clarification for the record, very important. We
have at all times advised the appropriate County officials of our efforts to
secure these routes and our intention to intervene and try to cooperate with
them.
Mr. Nino Lucio: That's correct. We even invited them to intervene with us,
but they declined.
Mayor Suarez: OK.
Commissioner Plummer: They declined?
Mr. Nino Lucio: They declined to intervene with us.
Vice Mayor Dawkins: Not only did they...
Commissioner Plummer: Why, why dial they decline?
8 March 22, 1990
Mr. Nino Lucio: I believe it's because they were considering intervening at
the time of their own initiative.
Vice Mayor Dawkins: Not only did they decline, the representative of the
County refused to go with us to the meeting with the Japanese airlines when we
went over there in Japan to discuss the route.
Commissioner Plummer: That doesn't make any sense to me.
I., Nino Lucio: It didn't make any sense to me either.
Commissioner Plummer: They dropped the ball by not intervening.
Mr. Nino Lucio: Well, Commissioner, basically everyone had till January 18th,
those people who were in the know had till January 18th. Now civic parties
can sometimes intervene out of order. We have intervened out of order and
that authority has been granted by the department. But as of January...
Commissioner Plummer: But I would like to know why the County did not
intervene.
Mr. Nino Lucio: The County may have intervened, but if so, it did so on it's
own, initiative. It did not do so through us when we requested their joining
in our motion.
Vice Mayor Dawkins: Long ago, J.L., I talked with Dick Judy when he was over
the airport and I talked in terms of trying then to obtain a direct link to
Japan and he said he was working on it and when we went over there we sat down
and said "iiey, we trying to get it." The Beacon Council, in my opinion,
encouraged the - what's the gentleman name who is over at the airport now?...
Commissioner Plummer: Elder, Rick Elder.
Vice Mayor Dawkins: ...Mr. Elder not to go to the meeting with us. He came
down to the sidewalk and told us to go ahead he didn't care to go with us.
Mayor Suarez: But they have now at least, tried to intervene let me clarify
that. They have tried to intervene and we think their application, the motion
to intervene may also be accepted out of time. We were just worried if they
got all their exhibits in on Friday of last week, so they just didn't want to
join with us that's what they didn't want to do.
Vice Mayor Dawkins: I am not saying who intervened I'm not trying to say
anything Commissioner Plummer I am only giving you a chronological history of
what happened.
Commissioner Plummer: The facts, just the facts.
Mr. Nino Lucio: The facts are, Mr. Commissioner, that had the City not
intervened at least as of March 1, there would of been no intervention by any
party south of Tampa in this proceeding and this is a critical route authority
to be granted for a very important market and for a hub airport like City of
Miami is. Without that it would not have had that representation.
Mayor Suarez: Thank you, Mr. Lucio.
9 March 22, 1990
4. RESCIND RESOLUTION 90-202 - AUTHORIZE AGREEMENT WITH I4IAMI BUS BENCH
JOINT VENTURE (D/B/A BUS BENCH COMPANY) TO MANUFACTURE, INSTALL AND
MAINTAIN 1,500 BUS BENCHES CITYWIDE AND TO SELL ADVERTISING ON A PORTION
OF THEM.
Mayor Suarez: Item 1. Rescinding resolution No.90-202 entering agreement
between, all this has been worked out everybody understands what the problem
was, is this some kind of a...
Mr. Sergio Rodriguez: Right, there was a misunderstanding in the last
Commission meeting and in the last minute there was an effort to try to
clarify, it was a little bit late already and the idea of this resolution is
to rescind the previous resolution and basically clarify that the option to
renew is at the option of the applicant, the bidder, which was a way it was
spelled out in the RFP, so long as he is not in default.
Commissioner Plummer: OK, let me understand and let me put on the record. I
am voting for that which was negotiated, that which was the intent and that
which was the recommendation of the administration.
Mr. Sergio Rodriguez: I have been assured by the Public Works Department that
that's what you have in front of you now.
Commissioner Plummer: Well, if it's not, then you know you had better make
damn clear on the record, OK? Now if you're telling me that those three
criteria which I just spelled out for you are the recommendation that is
before us, I move it.
Mr. Rodriguez: Those are the criteria that you were talking about.
Commissioner Plummer: I move it. Well I guess first we got to rescind with
the former motion. I move to rescind 90-202.
Commissioner De Yurre: Second.
Mayor Suarez: Move the second, any discussion? Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DE YURRE, RESOLUTION 90-202,
WAS RESCINDED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
(NOTE: The parameters of the above motion are formalized and included in
Resolution 90-226, below.)
Commissioner Plummer: Now I move Item 1, as that which has been the
negotiated settlement with the full intent and the recommendation of the City
Manager. I so move.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
10 March 22, 1990
The following resolutlon was introduced by Commissioner Plummer, who moved _-
its adoption: _
RESOLUTION NO. 90-226
A RESOLUTION, WITH ATTACHMENT, RESCINDING RESOiUTION
NO. 90-202. AND AUTHORIZING THE CITY MA14AGER TO ENTER
INTO AN AGREEMENT, IN SUBSTANTIALLY THE. ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND MIAMI BUS BENCH JOINT
VENTURE, D/B/A BUS BENCH COMPANY, TO MANUFACTURE,
INSTALL AND MAINTAIN APPROXIMATELY 1,500 BUS BENCHES
CITY-WIDE, AND TO SELL ADVERTISING ON APPROXIMATELY
1,000 OF SAID BUS BENCHES, WITH AN ESTIMATED REVENUE
OF $62.10 PER BUS BENCH PER YEAR, PLUS 1% OF GROSS
RECEIPTS, FOR AN INITIAL TERM OF FIVE YEARS; SAID
AGREEMENT BEING RENEWABLE FOR TWO ADDITIONAL. FIVE YEAR
PERIODS.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
5 CONSENT AGENDA.
Mayor Suarez: Now for the general public that item CA-1 through CA-6
constitute the consent agenda. Unless you wish any of these items to be
considered independently, we intend to move on all of them at the same time.
If you want any of them to be considered individually, please step forward.
Let the record reflect that we were about to not have anybody. Yes, Ron?
Which item?
Unidentified Speaker: CA-5.
Mayor Suarez: OK, we will consider that independently of the others.
Commissioner Plummer: Mr. Mayor, I ask that CA-4 be pulled because we have no
backup material on it. I don't think any of you have and neither do I.
Mayor Suarez: Clarification on CA-4 then.
Commissioner Plummer: No the backup material, I don't have any backup.
Mr. Jorge Fernandez: It's forthcoming and I can explaining it briefly for you
on the record with CA-4, and it's an oversight that it was not included in the
backup.
Mr. Fernandez: At such time as it is, I'll read it and then we will be ready
to vote on it.
Vice Mayor Dawkins: I want, for clarification 5 and 6 please.
Mayor Suarez: OK, so 4 apparently we are not going to be able to vote on
today, is that what you are saying, Commissioner Plummer?
Commissioner Plummer: No sir. If I can have the opportunity to read it, I'll
be glad to vote on it, good or bad.
11 March 22, 1990
Mayor Suarez: OK, on item 4, we are tabling it, 5 and 6 be considered
separately so we have item CA-1 through CA•-3 is it, any?
Vice Mayor Dawkins: Moved. —
Commissioner Plummer: Second.
Mayor Suarez: Any discussion at all, please all the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER PLUMMER, THE CONSENT
AGENDA, WITH THE AFOREMENTIONED EXCEPTIONS, WAS
PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
5.1 ACCEPT PLAT: "FERN ISLE GARDENS".
RESOLUTION NO. 90-227
A RESOLUTION ACCEPTING THE PLAT ENTITLED "FERN ISLE
GARDENS", A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECJRD OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5.2 ACCEPT PLAT: "BAYROCK SUBDIVISION".
RESOLUTION NO. 90-228
A RESOLUTION ACCEPTING THE PLAT ENTITLED "BAYROCK
SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AND ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
12 March 22, 1990
5.3 AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH GLADYS KIDD AND
ASSOCIATES TO PRODUCE THREE. PUBLIC SERVICE, ANNOUNCEMENTS AND ONE VIDEO
TO ASSIST SOLID WASTE DEPARTMENT IN THE EDUCATIONAL COMPONENT OF THE
"CURBSIDE RESIDENTIAL, MULTI -MATERIAL PILOT RECYCLING PROGRAM".
RESOLUTION NO. 90-229
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY
AND BETWEEN GLADYS KIDD AND ASSOCIATES AND THE CITY
OF MIAMI, IN AN AMOUNT NOT TO EXCEED $28,000, FOR
THE PRODUCTION OF THREE (3) THIRTY SECOND PUBLIC
SERVICE ANNOUNCEMENTS AND ONE (1) FIVE TO EIGHT
MINUTE VIDEO IN ORDER TO ASSIST THE CITY OF MIAMI'S
DEPARTMENT OF SOLID WASTE IN THE EDUCATIONAL
COMPONENT OF THE CURBSIDE RESIDENTIAL MULTI -MATERIAL
PILOT RECYCLING PROGRAM, IN ACCORDANCE WITH THE
STATE OF FLORIDA SOLID WASTE MANAGEMENT GRANT RULE
17-716 AND SECTION 403.7095 OF THE FLORIDA STATUTES;
ALLOCATING FUNDS THEREFOR FROM THE SOLID WASTE
REDUCTION; RECYCLING AND EDUCATION SPECIAL GRANT
FUND, PROJECT NO. 197001, ACCOUNT NO. 320304-690.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6. (A) PERSONAL APPEARANCE BY RONALD FRAZIER CONCERNING ONGOING
LITIGATION WITH THE CITY OF MIAMI.
(B) RATIFY EMPLOYMENT OF DANIELS, MASON AND KASHTAN, PA (LAW OFFICES)
TO SERVE AS CONSULTANT IN THE CASE OF MCNEW MARINE CONSTRUCTION,
INC. VS. CITY OF MIAMI VS. RONALD A. FRAZIER AND ASSOCIATES, ET
AL - ALLOCATE AN ADDITIONAL $25,000 - TO BE REVIEWED AT THE NEXT
CITY COMMISSION MEETING.(Miamarina)
Mayor Suarez: CA-5. Is that the one you wanted to address, Mr. Frazier.
This is not the case that you are involved in as a party or your architectural
firm, is it?
Mr. Ronald Frazier: Yes, it is. My name is Ronald Frazier, nay address is
1320 N.W. 88th Street. I'm aware that this case cannot be discussed publicly
because it is in litigation. But I think there are some things that the
Commissioners need, some attention need to be brought to and that is a result
of after sitting through several very important depositions on this case. I
think you, the Commissioners, may want to have a private briefing brought to
you by your City Attorney because what appear to be a done deal a year and a
half ago now appears to be a house of cards on the part of the City. There is
an alleged strong smell. I'm going to use the word alleged because that's
what your legal attorneys use, strong smell of a Watergate type of cover-up as
well as some racism and discrimination on the part of your Public Works
Department under your former Director Don Cather, as it related to this case.
I would urge that you talk with your City Attorney since these depositions
have been taken. I'm still prepared to go to the mat on this issue deeply.
Mayor Suarez: Mr. Frazier, some of the allegations you are mentioning refer
to in the depositions?
Mr. Ronald Frazier: They are all in the depositions.
Mayor Suarez: I mean will that shed light on the allegations?
Mr. Frazier: Yes.
Mayor Suarez: For myself, I sure as heck will like to read them Mr. City
Attorney and I have a feeling the rest of the Commission probably could too.
Mr. Frazier: That's all I have to say.
13 March 22, 1990
Mayor Suarez: And I guess subject to individual request you are to make those
available. Now you can have mine as of now, I'll like to read through...
Mr. Fernandez: And again for the record to be clear, what Mr. Frazier is
alleging is in particular in reference to the deposition of the Director of
Public Works, Mr. Cathe.r?
Mr. Ronald Frazier: No, what I'm alleging is, we have had all the
depositions, we have heard all of the depositions in this case. I have been
at several of them, the key ones. Such as Fete Long, Don Cather, the
contractor, McNew as well as Marine Engineering. There are about seven very
important issues. But that's not the point I'm here, I'm saying I have
attended a number of those depositions. OK, and that's a matter of record.
And what I'm telling you is what appeared to be something very simple a year
and a half ago that your all thought was there is not there. And I think that
a conference with these Commissioners may prevent a lot of bloodshed.
Vice Mayor Dawkins: Bloodshed, how Mr. Frazier?
Mr. Frazier: Well, I can't go on to that.
Vice Mayor Dawkins: You know Mr. Frazier, look, say what you are going to say
and I'm with you but if you, 1 mean...
Mr. Frazier: I can't do that because it's on litigation I've been told.
Vice Mayor Dawkins: OK, then, leave it where we got it., leave it like you
have it then. OK.
Mr. Frazier: The only thing that I want to do is to bring to the City
Commission's attention because I don't think you are aware. You really are
not aware. You've heard a lot of conjunction..
Mayor Suarez: Who is your counsel on the case?
Mr. Frazier: C & A Insurance Company.
Mayor Suarez: OK, and that's the, your carrier., insurance carrier?
Mr. Frazier: Yes.
Mayor Suarez: OK.
Vice Mayor Dawkins: City Attorney.
Mr. Fernandez: Yes sir.
Vice Mayor Dawkins: Mr. Frazier said, and if I am in error he will correct
me, that depositions show the possibility of him being made a scapegoat for
cover-up. Would you, is that what you understood him to say?
Mr. Fernandez: No, not at all.
Vice Mayor Dawkins: What did you understand him to say?
Mr. Fernandez: I understood him to say that in depositions that have been
taken in this case, there is a cover-up much like Watergate.
Vice Mayor Dawkins: No, no he said alleged.
Mr. Fernandez: Alleged.
Vice Mayor Dawkins: Thank you, thank you.
Mr. Fernandez: Of course, alleged, something about a Watergate cover-up,
that's what I understood him to say.
Vice Mayor Dawkins: OK, all right. How do I go about deferring this until
your office can bring me, cause I am not a lawyer and I don't intend to play
lawyer, can come to my office with the depositions and in the meantime I will
have Mr. Frazier highlight in the depositions whathe is concerned about and
14. March 22, 1990
somebody from your office come to my office and have me to understand what he
is talking about.
Mr. Fernandez: Well sir, first of all and for the record, this Commission
must be made aware of the fact that Mr. Frazier is being sued by the City.
Mr. Frazier, as he appears in front of you, is a defendant in a lawsuit in
which you authorized me and authorized the City to proceed against him for
alleged violations, and for negligence, and for a number counts. This is an
improper forum for Mr. Frazier to come and call your attention to issues of
cover-up or issues of, that may sound like Watergate, in front of this
Commission. I would be very happy to review for you all of the depositions
that have been taken in this case and unless you instruct me to withdraw or to
take some other kind of action in regards to the way that the City is
proceeding against Mr. Frazier and his insurance company for alleged
malpractice or negligence or whatever the claims may be that the City is
pursuing against him, I don't know what else to tell you. Item 5 is not at
all related to that, by the way.
Vice Mayor. Dawkins: OK, all I said to you is, we pay you...
Mr. Fernandez: Yes.
Vice Mayor Dawkins: ...to advise us and handle legal items.
Mr. Fernandez: Correct.
Vice Mayor Dawkins: Mr. Frazier raised a concern, which rightfully so if he
is trying to protect himself he should raise.
Mr. Fernandez: And the praise for...
Vice Mayor Dawkins: Now, but also did Mr. Frazier not bring these concerns to
the attention of our Law Department?
Mr. Fernandez: Not to my attention, sir. This is the first time I have heard
Mr. Frazier make these statements. He has not spoken to me.
Mayor Suarez: He didn't just ask as to you, he asked as to the Law Department
and as far as you know and it has been brought to your attention from any of
your subordinates.
Mr. Fernandez: No, no, has not. I'm sure that he is acting like a typical
defendant in defending himself against whatever the City's strategy is in
procuring the betterment of the City's position.
Commissioner De Yurre: One thing also I have to mention because I'm not sure
this is ethical under the canons of ethics of, you know, the Florida Bar,
just, you know, when we have our City Attorney and if he has representation
then it's his attorney that has to deal with our attorney...
Mr. Fernandez: Most correct.
Commissioner De Yurre: ...and in fact, I think it's out of line ethically,
even though maybe politically, everybody has a right to come before us, but
ethically as far as the Florida Bar is concerned, of having a defendant come
and expose himself to any degree before us when we have our own attorney here.
I just think that there may be some exposure along those lines that we have to
avoid.
Mr. Fernandez: Most correct.
Vice Mayor Dawkins: OK, that's why I am not being a lawyer, that's why I
asked you. But as a City Commissioner, I have a right...
Mr. Fernandez: Yes.
Vice Mayor Dawkins: ...to get all of the information that I can about any
issue ...
Mr. Fernandez: And I will.
Vice Mayor Dawkins: ...and therefore I want your office...
15 March 22, 1990
Mr. Fernandez: Yes.
Vice Mayor Dawkins: ...to provide me with all of the information, I don't
care whether you go to court or where you go...
Mr. Fernandez: Right.
Vice Mayor Dawkins: ...I have nothing, that's what we pay you for. —
Mr. Fernandez: Correct.
Vice Mayor Dawkins: But I need to know for myself, you know, what he is —_
talking about and have it and make and it's clear to me. .=
Mr. Fernandez: I certainly will, Mr. Dawkins.
Commissioner De Yurre: May I make a suggestion so that hopefully you know we
can, everybody's concern can be addressed and everybody can be satisfied? I _
have a concern that if we do not vote on these seventy two thousand or at
least a portion of it, I want to make sure that it's not going to impact on
our case. -
Mr. Fernandez: It definitely will. -
Conunissioner De Yurre: Well, then if that's the case then we do not have the
funds to continue with the case because we are not voting on this today. Then
I would suggest that we vote for a certain amount that will keep it going
until there is some satisfaction here.
Mr. Fernandez: Correct.
Vice Mayor Dawkins: I have no problem with the money for the attorneys. OK?
Commissioner De Yurre: OK.
Vice Mayor Dawkins: I have no problem with that. My problem is that Mr.
Frazier says one thing, the City Attorney says another, and I don't know what
is what, and I need to be able to compare apples to apples so that I can
arrive. Now, I have no...
Commissioner De Yurre: OK, then you have no problem voting today for the
money?
Vice Mayor Dawkins: Not after I get another clarification. No I got no
problem with the money, I'm going to vote for the money but I need a
clarification.
Commissioner De Yurre: OK, but the thing we don't want...
Vice Mayor Dawkins: The clarification is that, is seventy two thousand
dollars it?
Mayor Suarez: That's a good clarification.
Vice Mayor Dawkins: See, that's the clarification I need.
Commissioner De Yurre: Well, I think...
Vice Mayor Dawkins: ...We already paid them twenty five thousand now we are
going to pay them severity two thousand. Twenty five and seventy two is ninety
seven thousand dollars. Is that it? Yes but I need... no, no. All I need to
know is this it, if it's not, then let me know so when you come back again I
can know...
Mayor Suarez: What is a fair estimate of what this might cost us, Mr. City
Attorney. I mean seventy two sounds like a very specific figure. I mean it's
not seventy, eighty or seventy two. Does that mean that we probably can
anticipate that's probably the end of this?
Mr. Fernandez: We have anticipated that this will be the maximum and it has
been capped all the way through trial. If it doesn't go through trial,
16 March 22, 1990
because we are seriously contemplating settlement with all the parties
involved, then it would come in at much less than that. But if we go all the
E
way...
Mayor Suarez: You think this is a cap?
Mr. Fernandez: Yes, I know it is definitely a cap.
Mayor Suarez: It's a strange cap at seventy two but...
Mr. Fernandez: Well because we've...
Mayor Suarez: I thought it might say seventy, seventy five, eighty...
Mr. Fernandez: We have estimated, Mr. Mayor, and we anticipate all the work
that's ahead at $125.00 an hour, that would be the cap that we are doing.
Unlike the next item in which we were not able, item No. 6, this...
Vice Mayor Dawkins: Why don't you take one at a time while you're winning?
Mr. Fernandez: OK.
Mayor Suarez: Anything further on this item? If not, I think the
instructions are clearly to provide to Vice Mayor, I know I want to see the
depos and other Commissioner. All the information that may be relevant or
might even answer the allegations stated here or the mention of allegations
stated here, because not necessarily your allegations they could be coming,
emanating from any other witness in the case, and if there is no other
discussion, I guess we have a motion on this item.
Commissioner De Yurre: What's the motion?
Mayor Suarez: I guess it's to ratify the funds.
Commissioner De Yurre: OK, OK, fine moved and second, great.
Commissioner Plummer: But wait a minute. I thought we were only going to
allocate a portion until such time as the Commission had the time of review.
Mayor Suarez: How about Mr. City Attorney if we only authorize a portion of
this so that you know we don't give an indication we want to litigate this
forever. I don't know.
Commissioner Plummer: That is your suggestion.
Commissioner De Yurre: Well yes, why don't we authorize twenty five thousand
and that will being us back at the next month's Commission meeting.
Mr. Fernandez: I have no problem with that.
Commissioner Plummer: Fine.
Mayor Suarez: Thank you. So modified.
Vice Mavor Dawkins: OK, but let me make clear. I asked for clarification. I
did not have any qualms with seventy two thousand dollars. In the event that
this case is lost or for the lack of the seventy two thousand dollars, please
don't come back and say Miller Dawkins did not want to spend the seventy two
thousand dollars.
Commissioner Plummer: Well let's put it on the record. Mr. City Attorney you
feel that twenty five thousand is adequate to carry you through until the next
_. meeting?
Mr. Fernandez: Yes, sir.
Commissioner Plummer: Fine.
Mayo!: Suarez: Without giving any opinions as to all of the legal points
stated today, including the one that says that we somehow can not comment
because this is a trial. I wouldn't want anybody to th'J.nk that I personally
agree with that. I think that we can comment on anything we want unless
j7 March 22, 1990
specifically prohibit by state law or Federal law, the Consti.t:ition, which
doesn't typically prohibit anything that we say. Now it's a strategy in trial
not to comment too much on things I suppose, but M. Frazier, if at any time
you felt from my perspective that you wanted to hear publicly or privately,
tell me anything you want to about to this case, I would be most interested in
hearing it and I don't think we have any impediments whatsoever in hearing it.
And any other opinions as to whether he can or cannot, without interfering
with ethical prescriptions, testify here without his attorney which I disagree
with any brethren on up here, we have a motion and second. Any further
discussion? If not, please call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved its
adoption:
RESOLUTION NO. 90-230
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY ATTORNEY'S EMPLOYMENT OF THE LAW OFFICES OF
DANIELS, MASON & KASHTAN, P.A., TO SERVE AS CONSULTANT
IN CONNECTION WITH THE CASE OF MCNEW MARINE
CONSTRUCTION, INC. VS. CITY OF MIAMI VS. RONALD A.
FRAZIER & ASSOCIATES, ET AL., WITH THE FEE FOR SUCH
SERVICES NOT TO EXCEED AN ADDITIONAL $25,000.00; SAID
MONIES THEREFOR BEING ALLOCATED FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------------------------------------------------------------------------------
7. RATIFY EMPLOYMENT OF STEEL, HECTOR AND DAVIS (LAW OFFICES) AS CONSULTANT
IN CASE OF PNM CORPORATION VS. CITY OF MIAMI VS. FULER AND SADAO -
ALLOCATE ADDITIONAL $65,000. (BAYFRONT PARK)
------------------------------------------------------------------------------------
Mayor Suarez: Item CA-6. Another ratification of attorney's fees for PNM
Corporation.
Vice Mayor Dawkins: Is sixty five thousand dollars it?
Mayor Suarez: Same question as before.
Mr. Fernandez: No. In this case it isn't because this case is... PNM is
suing the City of Miami over the construction of Bayfront Park. This is a
construction delay claim and the, what is at play here is claims in excess of
two and a half million dollars and we more than likely will be going to trial
in this case because there is no, at this time no reasonable way of discussing
settlement although we have been considering the settlement. And the firm of
Steel Hector and Davis yesterday late afternoon contacted me and I tried to
get them to agree to a sixty two thousand dollar cap all the way through
trial. And they were not able to agree to that because the way it is they
believe that they are doing partial pro bono work for the City when they are
only charging $125.00 an hour for their most senior competent attorneys in the
area of construction litigation and that sixty two will bring us very close to
trial or half way through trial but they want to, they did not want to cap it
as hard as I tried, so I...
18 March 22, 1990
11
Vice Mayor Dwwk.i.ns: Is it ;.ny farm oi:t there that wii I cap it?
Mr. Fernandez: This is a firm that we have been working on in this case...
Vice Mayor Dawkins: Sir, sir, I heard you, I heard you.
Mr. Fernandez: No, there is riot.
Vice Mayor Dawkins: OK, but we need to shop around.
Mr. Fernandez: And I have, that's how I arrived at the firm of Steel Hector
and Davis in this case and at this point of time it would not be feasible or
practical to shop around for a firm when we are three fourths of the way
through the case.
Vice Mayor Dawkins: It will be if it, in my opinion, it would be if the firm
does notwant to put a cap.
Mr. Fernandez: I will continue to struggle with the firm so that they can
give me a cap as close to the sixty two thousand dollars. Perhaps they would
have agreed to a cap if the amount were higher but I negotiated with them all
along hoping that they would accept sixty two as a cap.
Vice Mayor Dawkins: OK.
Mr. Fernandez: Perhaps we can come back with a cap of seventy.
Vice Mayor Dawkins: So now you are going up sixty two thousand dollars and if
we go to trial they got a dollar and twenty five, $125.00 an hour for
everybody to have in court for every hour they are in court, is that right?
Mr. Fernandez: We control that because we are in a posture...
Vice Mayor Dawkins: Sir, sir, if we go to court, what would be the cost per
lawyer?
Mr. Fernandez: $125.00 an hour.
Vice Mayor Dawkins: Thank you. No further question.
Mayor Suarez: OK, do we have a motion and second on this Madam City Clerk?
I'll entertain a motion on this item.
Commissioner Plummer: So moved. What's our alternative?
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded. Mr. City Attorney, I presume in dealing with all of
these and with your background as risk management specialist, I guess, for a
lack of better word, in that legal department, that you are always mindful of
the possibility that a few dollars here and there in settlement might save us
a lot of money in litigation. Not to mention...
Mr. Fernandez: Most definitely.
Mayor Suarez: All right. And I think. the Commission is duly concerned that
we don't spend all our time litigating with the whole world and spending all
kinds of money if a matter can be settled expeditiously. Moved and seconded,
any discussion? If not, please call the roll.
19 March 22, 1990
1i
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 90-231
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY ATTORNEY'S EMPLOYMENT OF THE LAW OFFICES OF
STEEL. HECTOR. & DAVIS TO SERVE AS CONSULTANT IN
CONNECTION WITH THE CASE OF PNM CORPORATION VS. CITY
OF MIAMI VS. FULLER & SADAO WITH THE FEE FOR SUCH
SERVICES NOT TO EXCEED AN ADDITIONAL $65,000.00; SAID
MONIES THEREFOR BEING ALLOCATED FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor Miller J. Dawkins
ABSENT: None.
8. EMERGENCY ORDINANCE: AMEND 10642 - (a) ESTABLISH NEW PROJECT: "PEACOCK
PARK GLASS HOUSE - AIR CONDITIONING IMPROVEMENTS" (PROJECT 331355), AND
(b) INCREASE APPROPRIATIONS TO PROJECT: "CITYWIDE NEIGHBORHOOD PARK
RENOVATIONS" (PROJECT 331303) - FOR PARK FURNISHING FOR EAST BY VISTA
PARK.
Mayor Suarez: Item 4.
Commissioner Plummer: Move it.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and second. Any discussion on item 4? If not, please
read the ordinance.
Mr. Fernandez: It's an emergency ordinance amending...
Mayor Suarez: Are we dealing now with, we are dealing with item 4. We
finished the consent agenda and we have dealt with all the other items prior
to item 4, regular. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10642, ADOPTED SEPTEMBER 28, i989, AS AMENDED, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW PROJECT ENTITLED "PEACOCK PARK.
GLASS HOUSE - AIR CONDITIONING IMPROVEMENTS" PROJECT
NO. 331355 IN THE AMOUNT OF $25,000; APPROPRIATING
FUNDS IN SAID AMOUNT FOR SAID PROJECT FROM NEW PORT
BRIDGE LAND SALE - INTEREST EARNINGS; AND BY
INCREASING APPROPRIATIONS TO THE. PROJECT ENTITLED
"CITYWIDE NEIGHBORHOOD PARK RENOVATIONS" PROJECT NO.
331303, IN THE AMOUNT OF $16,500 FOR PARK FUR14ISHINGS
FOR EAST BAY VISTA PARK; APPROPRIATING FUNDS I14 SAID
AMOUNT FOR SAID PROJECT FROM VIRGI14IA KEY LAND FILL
SALE PROCEEDS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
20 March 22, 1990
Was introduced by Comm.i.ssioner. Pliimmer and seconded by Commissioner De
Yurre, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10717.
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. AUTHORIZE ISSUANCE OF PURCHASE ORDERS TO COMPLETE REQUIRED HANDICAPPED
IMPROVEMENTS IN CONSTRUCTION OF BAYFRONT PARK REDEVELOPMENT - NORTH END
AND AMPHITHEATER - PHASE II (CIP PROJECT 331302).
Mayor Suarez: Item 5. Funds necessary to complete the...
Commissioner De Yurre: Move 5.
Mayor Suarez: Moved.
Commissioner Plummer: Second.
Mayor Suarez: Second.
Commissioner Plummer: Mr. Mayor, in this particular case, I'll be as brief as
I can. The County has threatened a lawsuit, for whatever reason the architect
did not include this in the original. drawings, and this is for the handicapped
and as such, we have no choice but to comply, which we wanted to do anyhow,
and we've got to do it at this particular time. Whether or notwe have any
come back at the architect and others is a matter to be resolved, the chances
are nil. We just did not comply with the law of the handicapped and we have
to do it. It's just that simple.
Mayor Suarez: Is Mr. Lee or Mr. Rodriguez. Has this item been discussed with
a certain member of the County Commission who is himself handicapped and
intends to be very aggressive in the pursuit of their rights?
Mr. Wally Lee: I did not, Mr. Mayor.
Commissioner Plummer: I did not either but he did meet with, I think Ira Katz
and lie is the one who threatened the lawsuit.
Mayor Suarez: All right. We are satisfied that this is a good recommendation
and will avoid that lawsuit?
21 March 22, 1990
E
LI
Commissioner Plummer: Well., there will be no lawsuit
only just to close the part, that's all..
Mayor Suarez: So that will be in compliance then?
Commissioner Plummer: Yes, sir.
Mr. Rodriguez: Yes. Commissioner...
I mean the lawsuit was
Commissioner Alonso: Yes, definitely it's something that has to be done for
the City of Miami. I don't see how in the world we didn't do it within with.
Commissioner Plummer: Well, that's the question.
Commissioner Alonso: So no question about something that we have to do and we
have to comply and something that is n�:cessary and it's requested of any other
construction so I don't know how we did not address this problem to begin
with. Something that definitely has to be done and that I am sure the City of
Miami is more than willing to do.
Mr. Rodriguez: Commissioner Hawkins
Chief Code Enforcement Officer, of the
how we have to comply.
Mayor Suarez: Vice Mayor Dawkins.
was advised, Mr. Mayor, by Mr. Black,
letter that they sent to us telling us
Vice Mayor Dawkins: This is a case similar to the one we just had with Mr.
Frazier. Now this guy left this off his architectural plans. Why are we not
suing him for malpractice in order to recover what ever we are coming up
against?
Commissioner Plummer: Commissioner Dawkins, there is a great deal involved
here. The architect, of course, as you know, Noguchi passed away and we are
dealing with the heirs of that, Mr. Soto... Sadao, I am sorry, Sadao. He, of
course, is making allegations against the City that we owe him an additional
three hundred thousand dollars. Our contention is that we do not. One of our
counter claims is that he left this out and is costing us the ninety thousand
dollars and so this is an on -going kind of a situation.
Vice Mayor Dawkins: Are we planning to sue him for malpractice as he did not
put, he did not put handicapped facilities in the drawings which we paid him
to design?
Mr. Lee: Commissioner, we will be sitting down with the Law Department and
come up with a recommendation for the Commission on that subject.
Mayor Suarez: Don't forget to do so. We would not give the impression that
we sue architects in some cases and not in others. If they were under a duty
to determine the requirements under the codes and so on and didn't do it in
this case, we may have a cause of action.
Vice Mayor Dawkins: These are the kind of allegations I am sure that Mr.
Frazier was applying to when he said allegations.
Commissioner Plummer: Well these are not allegations. The facilities are not
there.
Vice Mayor Dawkins: It is an allegation. OK, no problem.
Commissioner De Yurre: And you know, find out when you are doing that study
what the damages would be, what we stand to gain, because you know an
architect may have violated or may not, there may be some negligence on his
part, but there are no damages on our part to gain then there is no suit to be
had. And unlike the situation we have at the marina...
Vice Mayor Dawkins: I beg to differ. There are damages because we have to
do, to work, that would of been filled in with the original contract.
Commissioner De Yurre: Well, that's what I'm saying. If the 90,000 that we
are going to pay now is more than it would have cost at that point in time,
then the difference or the damages that we seek to recover. But if it's the
22 March 22, 1990
same 90 it would have cost us no matter what, then there is nothing to by
gained.
Mr. Lee: Yes sir.
Mayor Suarez: OK, we have a motion and second on that item? Do we have Madam _
City Clerk?
Ms. Hirai: Yes, sir.
Mayor Suarez: Any further discussion? If. not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 90-232
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE THE
NECESSARY PURCHASE ORDERS SUBJECT TO APPLICABLE CITY
CODE PROCUREMENT PROVISIONS, IN AN AMOUNT NOT TO
EXCEED $90,000, TO COMPLETE CERTAIN HANDICAPPED
IMPROVEMENTS REQUIRED IN THE CONSTRUCTION OF BAYFRONT
PARK REDEVELOPMENT - NORTH END AND AMPHITHEATER - PH.
II, CIP PROJECT NO. 331302, USING FUNDS APPROPRIATED
BY CAPITAL IMPROVEMENT ORDINANCE NO. 10642, AND
ALREADY ALLOCATED TO THE PROJECT; SAID REQUIREMENTS
HAVING THEIR SOURCE IN THE UNITED STATES ARCHITECTURAL
AND TRANSPORTATION BARRIERS COMPLIANCE BOARD, THE
SOUTH FLORIDA BUILDING CODE, AND THE HANDICAPPED
COMMUNITY AT LARGE.
(Isere 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: Commissior.ier Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissior.er Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. 9sarez
NOES: None.
ABSENT: None.
10. CONFIRM IMPACT FEE BOARD'S DECISION NOT TO WAIVE IMPACT FEES ON NEW
CONSTRUCTION AT 1411 N.W. 14 AVEIFUE.
Mayor Suarez: Item 6.
Mr. Rodriguez: As an introduction, item 6 and 7 are the first cases in which
we have an appeal to an impact fee decision made by the Impart Fee Board. And
basically, they are asking for a waiver of the impact fee and Guillermo
Olmedillo will explain to yoi the particulars of the case.
Mayor Suarez: This is the very first of these that reaches the Commission
under the new impact fee ordinance?
Mr. Olmedillo: That is correct, sir. An. Mr. Mayor and Commissioners, what
you have is an appeal to that decision made by the Impact Fee Review Board.
The board looked at the exemptions made in the ordinance and this particular
program does not fit any of them. There is a close one because it says that
any development which is a non profit joint venture with the City. A City
owned or created facility or development using City -owned land is exempt.
However, this particular organization is a joint venture of this particular
activity with the County, and that's not one of the exemptions that this
23 March 22, 1990
0
Commission made in the ordinance. We found no way to relieve these people
from the impact fee and as you know if the impact fee is exempted by the City,
the City has to come up with the money and put it in the bank in the account
for the impact fee that these people are creating. But I will allow the
applicant to go through the process of presenting the case to you and clear
up any questions that you may have.
Mayor Suarez: The procedure was that who would be required to post the money?
Mr. Olmedillo: If they are exempt, then the City has to put up the money for
the impact fee.
Mayor Suarez: Oh, because by our own ordinance, if somebody in a situation
like that is exempted, we have to put the money as estimated to be the impact
on that neighborhood of that particular development
Mr. Olmedillo: That is correct, sir.
Mayor Suarez: Didn't know we had done that. Does that apply to any
exemption, or to just only to this kind of proceeding where somebody seeks his
specific exemption?
Mr. Olmedillo: Any exemption that creates an impact.
Mayor Suarez: So for example, governmental buildings or other...
Commissioner Plummer: No, there were exclusions.
Mr. Olmedillo: They were exempted.
Mayor Suarez: Are those different because they are exclusions as Commissioner
Plummer is saying.
Mr. Olmedillo: Yes they were expressly exempted by you.
Mayor Suarez: OK, so it does not apply to any exemptions, only to any one
that now comes in and an exemption is granted?
Mr. Olmedillo: Exceptions after the fact, I would say.
Mayor Suarez: No, Joe?
Mr. Joel Maxwell: Mr. Mayor...
Commissioner Alonso: No, he is referring because these are actual exceptions
the others were considered under the law, right?
Mayor Suarez: The other ones were built into the code, is there a difference
here?
Mr. Maxwell: What happened, when the ordinance was...
Mayor Suarez: I am just afraid that the money we are going to have to
deposit, I am trying to understand what we passed before.
Mr. Jrel Maxwell: If I may give you a little background Mr. Mayor, members of
the City Commission. Two years ago when this Ordinance...
Mayor Suarez: Don't give us too much background because I think we are pretty
familiar with this.
Mr. Maxwell: When this Ordinance was adopted two years ago it was adopted in
response to a Florida statute that requires that in order for cities to exact
development contributions for developments of regional impact it must have
passed an impact fee that make other developments subject to payment for
impacts that they may cause as well, so the City passed this Ordinance and it
placed several exemptions in the Ordinance. Implicit in the placement of
those exemptions was the notice that the City then would provide for any
impacts caused by that development. This particular applicant does not fit as
told to you by staff, does not fit any of the criteria. Therefore in order
for you to exempt them from payment of the fee, the City would have to pay,
actually transfer the funds into the proper account for the impact.
24 March 22, 1990
Mayor Suarez: OK, I just want to know the implication of that, I think
Commissioner Alonso some of us want to know. Does that mean that as to the
ones that were built into the law those built-in exemptions if in fact those__
projects were built, do we also have to make deposits for those or not?
Mr. Maxwell: No sir...
Mr. Rodriguez: Yes.
Mayor Suarez: No? And the other one saying yes. OK well you guys get
agreement on that at some point, and in the meantime, let's handle this one
which is apparently not the largest item in the world. Hopefully this won't
have incredible consequences for us. Yes, sir.
Dr. Joseph Vanello: OK, my name is...
Mayor Suarez: We got a little disagreement here with, between planning and
legal that's...
Dr. Vanello: My name is Dr. Joseph Vanello and I am the Executive Director of
United Cerebral Palsy of Miami and our request is to either waive or reduce
the impact fee assessed on our building expansion on 1411 N.W. 14th Avenue and
we are adding additional space to a building that's been there since about
1957. And primarily what we want to do is add additional space to serve the
people that are currently in that building, because as I said, the building
was built in the fifties, was built with small rooms, it's not really adapted
for physically handicap and we have outgrown the space many many years ago.
In those facilities we provide habilitation therapy and education for
development of disabled adults and children. We followed the guidelines of
the impact board when we submitted our appeal. We did get a waiver from the
County, and... but we filed and we did appeal and after the first appeal we
were referred to the staff to try to come up, as suggested, with some way that
they could give us relief. We thought we came up with a feasible plan, but it
didn't appear to be provable. Our position is that in fact we have little or
not impact on the area. We are building, adding two wings to that current
building, one is for our adult program and there will be no additional people
just additional space so we feel that has little or no impact. And then we
are also adding space for our preschool program and for the most part this
also is going to just give larger and better space to the people that are
there. We are thinking in the future of adding one more preschool classroom
of ten children and an employee daycare which we believe will. have little
impact because the ten children will come to classes to school on the current
transportation we have so we're not adding any more vehicles or % hatever, we
are probably just adding a teacher and two aides and that will be that impact.
For adult employee daycare, rather our child daycare for employees, those
children will be coming with their parents, so you are adding one or two
people to staff that. So we think...
Mayor Suarez: Is that the argument that you use with the County to get their
waiver?
Dr. Vanello: In addition, yes, and in addition to what we said was to get
the... is that we have very little impact, but if we did have to have a fee
assessed we thought a compromise position and this was in fact recommended by
the impact, fee board staff because I work with them on this. Is that we
would just pay the impact fee on the portion of the building that potentially,
that we going to add these new people to which is about seventeen hundred feet
of twelve thousand five hundred foot addition which come up to about eighteen
hundred dollars. So our position is that in reality we are making very, very
little impact to that area, if any, so we would like the fee waived based upon
the fact of the little impact based upon the actually that the impact fee
staff recommended some kind of waiver. Based upon also the fact that a waiver
has been granted by the Impact Fee Board in the past for facilities that were
built that in fact do not have any impact on the area and finally that the
fourteen thousand dollars almost fifteen thousand dollars that we had to pay
for the impact fee and the five hundred dollar, the two five hundred dollar
impacts of application we had to make for the hearings is now almost sixteen
thousand dollars that's getting taken directly away from services to the kids
and the adults of our community and I understand by the way the assessment was
made that have to come out of the City budget or perhaps in the future you
could look at not what you do with us, 'Look at some of the agencies in this
25 March 22, 1990
Ci.t.v that. have been here for, we've been here for almost forty seven years, to � _
give us some help in providing services to these people, as opposed to taking
away some money that we have already. So I just ask for your consideration of -_
the waiver.
Mayor Suarez: The City's position?
Mr. Olmedillo: We are recommending upholding the decision of the Board, Mr.
Mayor. We see that this is a worthwhile function. It's a social function, but
we don't see any room for the Board to make a decision to be flexible enough
to allow these people.
Mayor Suarez: This is our Board?
Mr. Olmedillo: Yes the Impact Fee Review Board.
Mayor Suarez: Our Board, composed of.?
Mr. Olmedillo: Of the Building and Zoning Department, Planning Department,
Solid Waste, Fire...
Mayor Suarez: All staff people, no outsiders?
Mr. Olmedillo: That's all the staff, all director of ...
Mayor Suarez: And your, the Board's recommendation I thought was, not for the
waiver?
Mr. Olmedillo: Not for the waiver.
Commissioner Alonso: But is in fart true that they are going to make very
little impact, if any, because they are not adding number of people to the
facility. They will have more room but actually, basically the same number of
people that they will serve.
Mayor Suarez: What is the threshold'? How about something that is just a
minimal impact because you're not really adding a heck of a lot. What is the
threshold by which you decide whether something is more than just changing a
light bulb or adding a wall, or tearing down a wall or something?
Mr. Olmedillo: It's square footage. You have a quotient and you multiply
times a square footage that you add the new additional impact and that, and
you come out with a figure.
Mayor Suarez: But isn't there a minimum square footage that you have to
add...
Mr. Olmedillo: Yes, 1,000 square feet.
Mayor Suarez: ...before a 1,000 and aren't there pretty close to that?
Mr. Olmedillo: No they are beyond that.
Dr. Vanello: We are, we are about 12,000 square feet but only, we figure out
about 1,700 would actually have any potential for new people.
Mayor Suarez: 12,000 square no, but you think 1,700 only have an impact?
Dr. Vanello: Yes, the rest of it is just for expanded room for the people
that we are already serving.
Mayor Suarez: So the people that are there have more space?
Dr. Vanello: Right.
Mr. Maxwell: Mr. Mayor, the Impact Fee Board of Review wanted to assist the
appellant here but they were advised by Law Department that we did not think
that they, that the board had the authority to waive the fee as they
requested. Because this is, how many, 14,000 square feet?
Dr. Vanello: 12,000.
26 March 22, 1990
Mr. Mnxwp1l: 12,000 squnr.e feet of net new development. Now the relief
that's been granted by the board In the past was based on the fact that the
developers were able to show that not all of the new development was net new --
development. In fact there's another item on the agenda that reflects that —
particular issue that's coming up next. This development is all new
development. There was no way, under the Ordinance as presently written, the
board could grant the relief.. Therefore, we advised the appellant that if
they, in fact on page 19 of the next item, there is a statement in there where
we had... let me see if I can find it right quick for you. I don't see it, _
whereas the City Attorney advised the applicant that they could go to the City
Commission for relief but they should ask before they come to the City
Commission and file their five hundred dollar appeal fee, they should poll the -
Commissioners and see whether or not the Commissioners, thank you, whether or not the Commissioners were in support because the only thing the City could do
was pay the fee for them. May I read from that? Yes. _—
"Joe Maxwell remarked that he does not think the Board has the
authority to waive impact fees, however suggested Mr. appeal
to the City Commission, but should first check to see if the -
Commission has funds available before paying another $500.00
appeal's fee." _
I don't know if they did that.
Commissioner Alonso: One question. If they don't have the power, what is the
function of the Board?
Mr. Maxwell: No, the Board has a power to hear appeals and to grant relief
under certain circumstances, they don't in this particular circumstances. In
fact, this is the first appeal to make it as far as the City Commission. The
very first one, and the Board has been operating for about two years.
Mayor Suarez: Have there been any other waivers granted, because the
Commissioner is saying if...
Mr. Maxwell: Oh yes, sir, oh you mean waiver of this type?
Mayor Suarez: Yes, if you are saying it's clear black or white why have a
Board is there some grey area where they get to decide and have they in fact
given any waiver up to now?
Mr. Maxwell: Sure.
Mr. Rodriguez: There are waivers that have been granted...
Mayor Suarez: Such as, could you give us some example?
Me. Olmedillo: The next item.
Mr. Rodriguez: actually the next item that we have on the agenda, there was a
proposal of a waiver to reduce a fee from forty nine thousand to twenty two
thousand.
Commissioner Plummer: Why?
Commissioner Alonso: Because of an existing building.
Mr. Rodriguez: Because it was an existing building and the impact you
mentioned from the difference from what you have there before and the impact
that was creating to compare to the impact created by the new development on
the new building and you subtract the difference between one and the other.
Because impact fees based only on impact of new development. That's the case
law.
Mr. Olmedillo: Net new development.
Commissioner Plummer: OK.
Commissioner Alonso: Being the organization that it is, what suggestion do
you make to us in order to help them get some relief in the payment that they
have to make because I think they provide excellent services in our community.
And I. think that what will be your suggestion, what can we do in order to help
them in this case?
27 March 22, 1990
V
Mr. Rodriguez: We have been advised by the Law Department, that the only
option that you have filed here is to pay for the fee for them.
Commissioner Plummer: Out of general fund.
Mr. Maxwell: Correct.
Mayor Suarez: You know, we ought to get a state...
Commissioner Plummer: The problem that I see is that you set a precedent.
Mayor Suarez: Yes, we ought to get a statement or policy from this
Commission that we should not be advised, at least for myself, I wouldn't want
you to be advising people Joel or City Attorney's office or any other office
that well you know we don't agree with you on your waiver however you can go
to the Commission and ask them to pay for it, you know my God, we are going to
have the whole world here. If it's just not within the discretion of the
board not within the discretion of the City you know they can always appeal to
us, they always have a right to appeal to us under the procedures, is that the
idea?
Mr.. Maxwell: That's what they were told and they were told what the result
would be.
Mayor Suarez: OK, just don't tell them that failing that, we are going to
give them the money, because we don't have that kind of money. It's a great
social service apparently that they are performing but that's not our
function.
Commissioner Alor.so: And do you feel that definitely they are making an
impact in the community, there is nothing that you can waive or do that is
acceptable, reasonable according to the law and be as modified...
Mayor Suarez: Or modify, or reduce or reconsider or any of the other.
Mr. Maxwell: Not as the ordinance is presently written.
Mr. Olmedillo: The Ordinance is the one that places the controls on it. They
claim that they have a net impact which is lesser than what the square footage
seems to show. That is, they are not going to add that many people to it.
And that's, they, maybe you can think of a way of saying the net impact is not
due to the square footage but that's not what the Ordinance says. The
Ordinance says you add square footage beyond a 1,000 square feet you are into
it, you create an impact.
Mayor Suarez: How about and I'm not saying we would do in this particular
case but how about once again, because we had this battle before. Is the
threshold that we have set really the correct one, is it, should it really be
a 1,000 square feet or should we not be looking at a much higher threshold
before...
Commissioner Plummer: We actually watered it down greatly.
Mayor Suarez: ...Because it strikes me that we are going to have a lot of
little guys coming here and arguing that they should get away with it because
what they do is very important and because their impact is minimal and we are
going to go crazy and I remember at the time fighting for a bigger threshold I
didn't want to get any of the small projects involved in the impact fee
Ordinance. I shouldn't talk because I'm going to vote in against the
Ordinance but anyhow, I had problems with the Ordinance as a whole but I
understand you have to apply it, we did pass it.
Mr. Olmedillo: We have seven exceptions and that's quite generous in the
exemption rule. Seven types of exceptions in the Ordinance. Unfortunately...
Mayor Suarez: Quite generous compared to what the County or some other ones?
Mr. Olmedilio: Or any other Ordinance.
Mr. Rodriguez: Yes, any other Ordinance.
28 March 22, 1990
Commissioner Plummer: Wr,11 T think thorn is
more to
it than that. OK, we
had
to come up with formulas and those formulas were what
the impact
were and
what
monies would be addressed to the formulas.
In this
particular
case they
are
going to have additional daycare, impact is
on water and sewers, it's
you
know, all of those impacts are part of the
situation. And we
realize
that
this is a great community service that they
do but
there is an
awful lot
of
good community services that is being done.
Dr. Vanell.o: Can I say this. We said, we took, we used the formula and we
applied because it's one for water and sewerage and one for fire and we
applied that all of new... since there seems to be more based upon services.
Like fire, water and that we used the part of the square footage. That's how
we came up with the $1,800.00 as reduce, to reduce it down to eighteen hundred
dollars. We used the existing formulas and we applied them against the water
and sewerage works of the additional people. That's what we did. The square
footage where the existing people would be in, we used the exact formulas that
he is talking about.
Commissioner Plummer: You can't have it the way you want it when you want it,
OK? I think we better we remember that this City is at a point where quite
conceivably we are going to be reducing our budget somewhere between two and
five percent to make, in compliance with the charter of no deficit at the end
of the year and conceivably, that could bring about the laying off of police
and fire. God forbid that it should happen, but. I am saying to you is the
impact fees, as I recall, will raise about $3,000,000.00 a year. Is that
correct, is that what was projected?
Mr. Olmedillo: Two.
Mayor Suarez: Two million dollars a year, OK? And somebody you know, the
piper's got to be paid. And I don't think that it's fair to continue to ask
the taxpayers to issue bonds to pay for things that they have already
themselves paid for. It's the old story of the woman paying school tax that
doesn't have any children or the man that's paying road tax that doesn't own a
car. The is only one way and that is to try to come up with an equitable
formula that everybody pays their fair share and we went through that impact
fee with a lot of discussion and we felt that this was the only fair formula
that we could come up with and I still feel that's the case.
Mayor Suarez: If there is no motion one way or the other the best we can do
is refer you to our voluntary, I mean refer you to ourselves or any one else
that might help you to raise the money from voluntary contributions. I just
don't know, we, it sounds like our hands are tied. Do we need to take a vote
on the appeal?
Mr. Olmedillo: Yes, sir.
Mr. Maxwell: Yes, sir. You have to move to affirm the denial of the impact
fee board of review, if that is the Commission's desire.
Mayor Suarez: Move to affirm the City's position, to put it simpler.
Mr. Maxwell: To affirm the Impact Fee Board of Review's position.
Commissioner Plummer: Well I don't like to be on ready as opposing this fine
organization, but I think we have to do it and I so move.
Mayor Suarez: So moved, seconded. Any discussion? If not, please call the
roll.
29 March 22, 1990
The following resolution was introduced by C:orimmissioner Pltimm.er, who mo�,ed
its adoption:
RESOLUTION NO. 90-233
A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE
IMPACT FEE BOARD OF REVIEW'S DECISION NOT TO WAIVE OR
ADJUST IMPACT FEES IN THE AMOUNT OF $14,042.00 BE
ASSESSED FOR NEW CONSTRUCTION ON PROPERTY LOCATED AT
APPROXIMATELY 1411 NORTHWEST 14TH AVENUE, MIAMI, -
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) PURSUANT
TO CHAPTER 13, ARTICLE I OF THE CITY CODE.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Alonso: Even though I hate to vote against or the perception
that we are voting against this fine organization, in order to avoid a
precedent I have to go with the motion, yes.
Mayor Suarez: Yes, I, again, was in favor of much bigger threshold than I
could get out of the Commission but that's where we are. At some point
Commissioner Alonso was not here when we passed this impact fee ordinance. If
you deem it interesting to reconsider that threshold let me know because you
are going to have an ally and maybe we get three votes on it. A thousand
square feet doesn't sound to me like enough of a threshold before we begin to
charge impact fees.
Commissioner Alonso: Yes, something to look at.
Mayor Suarez: It seems like a minimal impact.
11. DISCUSS AND CONTINUE TO MEETING OF APRIL 12.TH CONSIDERATION OF A REQUEST
FOR REVIEW OF IMPACT FEE BOARD'S DECISION WHICH ADJUSTED IMPACT FEES
ASSESSED FOR NEW CONSTRUCTION AT 3275 CORAL WAY.
Mayor Suarez: Item 7.
Mr. Olmediilo: Item 7 is a similar request, It's an appeal again to the
decision of the Impact Fee Board. In this particular case the board...
Mr. Rodriguez: Excuse me, Guillermo, before we start a discussion on this
maybe we should hear from the Law Department in relation as to whether we
should be...
Mayor Suarez: Oh, you don't think we should be hearing this, is that what you
going to tell us on item 77
Mr. Rodriguez: My understanding .is that the...
Mayor Suarez: Are the parties here, I don't see anybody stepping up to the
mike.
30 March 22, 1990
Mr. Rodriguez: Right, that's why. My understanding is that the applicant —
claims that he received the notification for this meeting only a few days,
before today and didn't have time, had made already plans, he was out of town_ _
already, and he couldn't attend the meeting. But at the same time I
understand that through the Ordinance we have a requirement to hear this case _—
today and I would .like the Law Department to advise on this before we
continue.
Mayor Suarez: OK, what's the story we have a possibility of unfairness but
the same time are we required to hear this?
Mr. Joel Maxwell: Late yesterday we got a telephone call from the applicant,
r
the appellant in this particular situation. And the appellant stated that =_
they had just gotten their notice approximately two to three days before
yesterday. Our Ordinance requires that notice be given of time and place of the meeting at least ten days prior to the meeting. Of course that raises due
process questions and we said we would have to check in to it and they should
show up to request continuance.
Commissioner Plummer: What day was this?
Mr. Maxwell: This was yesterday evening.
Commissioner Plummer: What day was it mailed?
Mr. Maxwell: I'm about to get to that, Commissioner. Today in checking our
records, we find that we notified them on, we sent a letter on. March the 8th,
which would of been more than enough time to satisfy the ten day rule, so they
should be here now. I have no idea why they, how they could of gotten a
notice, gotten that letter less than ten days before.
Mayor Suarez: So what do we do, what is your recommendation?
Mr. Maxwell: I just was given some new information I wasn't party to before.
I understand, and I have not seen this myself, but I understand that the
appellant showed an envelope that was postmarked the 16th of March. If
that's the case then I would suggest to the Commission that they continue this
item.
Commissioner Plummer: Move it, to be deferred to the next meeting.
Commissioner Alonso: Second.
Mayor Suarez: So moved, seconded. Any discussion? If not, please call the
roll.
THEREUPON BY MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED
BY COMMISSIONER ALONSO THE HEREINABOVE ISSUE WAS DEFERRED TO THE
NEXT MEETING BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
31 March 22, 1990
12. DESIGNATE APRIL 1990 AS "ENVIR.ONMENTAL, AWARENESS MONTH IN THE CITY OF
MI.AMI, FLORIDA" - PROMOTE ACTIVITIES TO PRESERVE GLOBAL ENVIRONMENT -
LAUNCH "DECADE OF THE ENVIRONMENT" IN BAYFRONT PARK AMPHITHEATER.
(EARTH DAY) --
------------------------------------------------------------------------------
Mayor Suarez: Yes, Item 8, Dr. Morrison I see this item stayed included in
our agenda as if it were emanating from my office. I do want to tell the
Commission and the Assistant City Manager, that what I meant to do with the
Commission is to advise you of this happening and the request and I think
there is one way in which the City might participate that would make sense
other than just simply allocating funds because we have got many many good
causes here as you probably have been able to determine during the course of
today. And that is if this in any way was used by the City for an existing
program I was specifically thinking of the recycling program. Sergio, do you
know of that possibility that for the funds for recycling we could, if and, do
you know if the Manager and his staff have made a determination whether there
will be any kind of a display or recycling capabilities or any educational
efforts in connection with Earth Day?
Mr. Rodriguez: The recommendations that I have received from the staff have
been that no, because we haven't any money in the funding policy. There is no
address of that particular issue your mentioning now.
Mayor Suarez: OK, I know the County does have a prototype or a model or an
exhibit of some sort to show people about recycling and I think that they are
very involved in the Earth Day proceedings. How about at least a waiver of
rental or whatever it is that we would, would otherwise, that is needed to
uphold that it would be at Bayfront Park, would it not?
Dr. Chaplain Morrison: Yes, that's essentially what we are asking for.
Mayor Suarez: So why don't you put your name in the record and tell us a
little more about it quickly.
Dr. Chaplain Morrison: Yes, I am Dr Chaplain Morrison, I'm coordinator for
Earth Day 1990 Miami, and the request is based on a letter to the City Manager
asking that the expenses that we are going to have for Earth Day 1990 in the
Bayfront Park be partially assumed by the Commission on this basis. We have
some, but we are going to do the educational part but we have some expenses as
a result of our negotiations with Taste of Miami as to being in Bayfront Park.
By our being in Bayfront Park along with the Taste of Miami, we are sharing
the space on Sunday. There is going to be additional expenses that Taste of
Miami has estimated up to five thousand dollars. What we are asking is that
those additional expenses which are expenses that have to do with our being in
the Amphitheater are being taken care of by the City and the County. The
County is, we are working with the County to share those expenses. We are
asking the City to pick up these expenses which will help us to hold a
successful event. I want to point out that Earth Day 1990 is going to be a
world wide event and the national media is extremely interested in this event
all over and in particular in Miami. And it's extremely important in Earth
Day 1990 to generate public support for the recycling, the waste management
and these problems that are going to be with us in what we call the decade of
the 19901s. Now the Commission did pass a resolution on February 9th
declaring April 22nd...
Mayor Suarez: OK, wait a minute, wait a minute, we may have some kind of a
proposal here that can resolve the item.
Mr. Rodriguez: I've been advised that as part of the grant that we have from
the recycling program, we may be able to use some educational funds of the
grant to deal with part of this up to twenty five hundred dollars. We don't
know exactly the amount and I'm using that money without using any money from
the general fund but using part of that grant that was scheduled for
education.
Vice Mayor Dawkins: Are we going to take money from recycling for every other
group in the City that comes up here? I mean don't tell me today that we are
going to do it for this group and somebody from the Wynwood area come up here
32 March 22, 1990
. . . . . . . . . .
and yoti tell me we can't do it. If. you set a precedent today, I want it
followed constantly.
Mr. Rodriguez: Yes. In answer to your question, we have at present some
money left from educational money that we have in the grant that we received
and that can be used. Those funds might not be available in the future as
soon as we spend them and we have a deadline of using those funds by March
31st, I believe, so from what they are telling me...
Vice Mayor Dawkins: How much money do you have available in the educational
fund? = -
Mr. Rodriguez: Carlos. We have $7,500.00 left.
Vice Mayor Dawkins: $7,500.007 _
Mr.. Rodriguez: $100.00 left in that. _
Vice Mayor Dawkins: Seventy five hundred and you are going to give him how _--
much?
Mr. Rodriguez: They are asking for 2,500 and if you agree with this you might
instruct the Administration.
Vice Mayor Dawkins: All right, take the 7,500 and let's do education and
let's pick four sections of the City to to an educational and spend one fourth =-
of the money in educational money in each sector to educate.
Mr. Rodriguez: If you so desire. We have to do it by March 31st, we have to
make the allocation.
Vice Mayor Dawkins: OK, all right, well you want me to go find the people or
will you people find it since it is an ordeal. OK, what are the areas we are
doing the demonstration in, what are the areas?
Mayor Suarez: The actual recycling?
Vice Mayor Dawkins: Yes.
Mayor Suarez: There are five regions.
Vice Mayor Dawkins: Five?
Dr. Morrison: There are five areas,*Vice Mayor.
Vice Mayor Dawkins:
Five areas. Ali
right. Take the
amount of money,
divide
it by five, and go
to each of these
areas and do an
educational
I
don't care how you
do it, I don't care
what it is, if
it's buying comic
books.
Mr. Rodriguez: OK.
Mayor Suarez: I think the general thrust of the discussion is that you are
going to get $2,500.00, as long as we figure out a way to do the same thing
throughout the City with the rest of the money, so you...
Vice Mayor Dawkins: Five times 2,500 is how much now?
Mr. Rodriguez: Now, it would be five times 1,500 would be 7,500.
Mayor Suarez: Dividing it, so you are about to get 1,500 if you want to speak
and possibly create more of a problem for yourself.
Dr. Morrison: I just wanted to point out to Commissioner Dawkins that this is
not an organization, it's an event, and it's a one time event only. It's not
an organization, it's an event. An extremely important one and the work
that's done by bringing the public in saves the money.
Mayor Suarez: Well, but Doctor don't argue, don't argue with the situation as
we have it because $1,500.00 plus whatever modifications they can do so that
you don't, you are being considered as the overage of whatever it is going to
cost us to run Taste of Miami, is it?
33 March 22, 1990
Mr. Rodriguez: Taste of Miami.
Dr. Morrison: Thank you very much.
Mayor Suarez: Simultaneous it may be able to be worked out. They sometimes
exaggerate coming in on the cost.
Dr. Morrison: Thank you very much.
Mayor Suarez: OK, is that in the form of a motion? (INAUDIBLE RESPONSE)
Moved. Second? (INAUDIBLE RESPONSE) Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner De Yurre, who moved
its adoption:
RESOLUTION NO. 90-234
A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING
AND PROCLAIMING THE MONTH OF APRIL, 1990, AS
ENVIRONMENTAL AWARENESS MONTH IN THE CITY OF MIAMI,
FLORIDA, TO PROMOTE ACTIVITIES AIMED AT PRESERVING THE
GLOBAL ENVIRONMENT AND TO LAUNCH THE "DECADE OF THE
ENVIRONMENT" BY THE OBSERVANCE OF EARTH DAY 1990 ON
APRIL 22, 1990 IN THE AMPHITHEATER OF THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK; FURTHER ALLOCATING FUNDS
IN AN AMOUNT NOT TO EXCEED $1,500.00 THEREFOR FROM THE
SOLID WASTE REDUCTION, RECYCLING AND EDUCATION SPECIAL
GRANT FUND, PROJECT NO. 197001, ACCOUNT NO. 320304-
610, IN SUPPORT OF A RECYCLING EDUCATIONAL PROGRAM TO
BE HELD AT SAID EVENT.
(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: Ct:)mmissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Don't forget to go after the County too, please, on that.
NOTE: THE ADMINISTRATION WAS DIRECTED TO ALLOCATE AND DISTRIBUTE
THE $7,500. PRESENTLY AVAILABLE IN THE EDUCATIONAL FUND INTO THE
FIVE REGIONS PRESENTLY DESIGNATED FOR DEMONSTRATION OF TIME
RECYCLING IN ORDER TO EDUCATE RESIDENTS OF THE AREA.
34 March 22, 1990
13. GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING GRAND OPENING -
OF CARIBBEAN MARKETPLACE.
--------------------------------------------------------------------------------
Mayor Suarez: Haitian Task Force, street closures.
Commisr'. •ner Lii:vner: Move it.
Mayor Suarez: Grand opening of a Caribbean Marketplace.
Commissioner Plummer: Assuming that it's in accordance with the Police
-
Department and the Administration.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll. _
The following resolution was introduced by Commissioner Plummer, who moved _
its adoption:
RESOLUTION NO. 90-235
= A RESOLUTION CONCERNING THE GRAND OPENING OF THE
CARIBBEAN MARKETPLACE TO BE CONDUCTED BY THE HAITIAN
TASK FORCE, INC. ON APRIL 7, 1990; 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; FURTHER ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT; _
CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE —
INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
14. WAIVE PROHIBITION AGAINST APPEARANCE OF ROBERT V. FITZSIMMONS (AS
PROHIBITION APPLIES TO A CITY OFFICER, OFFICIAL, EMPLOYEE OR MEMBER OF
ANY BOARD, COMMISSION OR AGENCY).
--------------------------------------------------------------------------------
Mayor Suarez: Item 10. Is Mr. Fitzsimmons here to argue, does anybody have
any problem with the waiver?
Commissioner Plummer: Move it, move the waiver.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Commissioner De Yurre: OK, discussion, discussion. Is there a tradition of
doing this?
35 March 22, 1990
Commissioner 'Plummer: Is there what?
Commissioner De Yurre: A tradition.
Commissioner Plummer: Yes, many times.
Mr. Jorge Fernandez: It's a requirement of the code that this nature of
conflict be acknowledged and then waived by a four --fifths vote.
Commissioner De Yurre: OK. Because 1: just wanted to know because I don't
think I've had one of these come before the commission since I've been here.
Commissioner Plummer: As well as of on attorneys.
Mr. Fernandez: Yes, there have been a few.
Mayor Suarez: But it's not a requirement that we approved it, I mean that we
approve it.
Commissioner Plummer: No. There is no mandatory.
Mayor Suarez: If there is any concerns about any particular individual I
suppose we could, well I never remember us refusing.
Commissioner De Yurre: OK, fine.
Mayor Suarez: Moved and seconded. Any discussion? If not please call the
roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 90-236
A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE
APPEARANCE OF A CITY OFFICE, OFFICIAL EMPLOYEE, OR
MEMBER OF ANY BOARD, COMMISSION OR AGENCY BEFORE THE
CITY COMMISSION AS SUCH PROHIBITION APPLIED TO ROBERT
V. FITZSIMMONS, WHO IS SERVING AS A MEMBER OF THE
HERITAGE CONSERVATION BOARD AND WHO NOW SEEKS TO
REPRESENT A CLIENT IN A MATTER COMING BEFORE THE CITY
COMMISSION FOR ITS CONSIDERATION.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF THE REGULAR AGENDA ITEMS TO CONSIDER
PLANNING AND ZONING AGENDA ITEMS.)
36 March 22, 1990
15. CONTINUE CONSIDERATION OF PROPOSED RESOLUTION FOR OFFICIAL, VACATION AND
CLOSURE OF DESIGNATED STREETS (S.W. 6 STREET LYING WEST OF WEST RIGHT-
OF-WAY LINE OF SOUTH MIAMI AVENUE) (Applicant: State of Florida,
Department of Transportation).
Mayor Suarez: Yes, PZ-1.
Vice Mayor Dawkins: There was, it was an emergency wasn't it?
Ms. Matty Hirai: Yes. But we don't need to...
Mayor Suarez: We got the four -fifths, Jim Kay.
Mr. Jim Kay: This is a street and alley closure, rather a street closure in
connection with the 602 complex subdivision. And it's a closure of S.W. 6th
street just west of Miami Avenue. The owner is the State of Florida,
Department of Transportation and it has been through the Zoning Board,
approved by the Zoning Board and Plat and Street Committee.
Commissioner. Plummer: Show me where you're closing.
Mr. Kay: It's the portion in orange. If you take a look at your package
today, there is an error in the drawing on your package and it's ..
Conunissioner Plummer: Technically it's already closed.
Commissioner Alonso: It is.
Mr. Kay: Yes sir, it is. Physically it's closed.
Commissioner Plummer: So why should we give it to them?
Mr. Kay: Well, because they are platting, they own both sides of 6th Street
there and that portion of 6th Street is public right- of -way and the street
coming down to the south on the west there is part of the Miami Avenue bridge
expansion.
Commissioner Plummer: But I still don't know why we should give them
anything, you know they are not buying it. So why should we give it to them?
That might be giving us some control in the future.
Commissioner Alonso: Maybe it will be a good opportunity to discuss with them
some of the services that we provide in the City of Miami or some sort of
agreement, it might be a good opportunity to take it up at this time. And
delay this item, I don't think it's vital for them to, that has to be approved
today, is it? Anything happening that ah...
Commissioner Plummer: No.
Commissioner Alonso: It's completely necessary that it's done today?
Mr. Rodriguez: I don't know if they are here.
Mr. Kay: Yes, they are here today.
Mr. Rodriguez: Maybe they will like to address that issue.
Commissioner Alonso: It's not vital if they are not addressing the issue. So
maybe we should delay these and take the opportunity to come up with some...
Commissioner Plummer: So moved.
Mr. Rodriguez: You want to continue this to the next Planning and Zoning
meeting in April?
Mayor Suarez: Planning and Zoning? Be the 26th. So moved and seconded with
that specific date? Any discussion? Jim? Call the roll.
37 March 22, 1990
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER, AND SECONDED
BY C014MISSIONER AIONSO, THE HEREINABOVE ITEM, WAS CONTINUED TO
APRIL 26 BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller. J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
16. DIRECT CITY ATTORNEY TO DRAFT AN ORDINANCE WITH RECOMMENDATIONS
CONCERNING COUNTY ATTORNEY'S RECOMMENDATION PERTAINING TO HISTORIC
PRESERVATION POLICIES.
Mayor Suarez: P-1-2.
Mr. Joseph McManus: Mr. Mayor, members of the Commission, PZ-2 is an item, a
discussion item. The point of this is the propo:,ed City/County Litigation
over Historic Preservation...
Mayor Suarez: What's left to discuss, I thought we had discussed this...
Mr. McManus: Well this Commission has passed a Resolution agreeing not to
exert owner consent. The County Attorney's office continues to stress the
point that they want the Commission to surrender their authority over zoning
the historic properties and give that authority to the Heritage Conservation
Board. We were asked to list the pros and cons...
Mayor Suarez: Give that authority to our Heritage Conservation Board.
Mr. McManus: To our Heritage Conservation Board.
Mayor Suarez: Without right to modify that in any way at this Commission?
Mr. McManus: The only way of getting to this Commission would be on appeal.
Mr. Rodriguez: You were basically asking to show the pros and cons of that
position at a future meeting when you instructed us about one month ago and
basically what we have...
Mayor Suarez: Oh, because we left out for further consideration, is that what
you are saying?
Mr. Rodriguez: Right, that portion of it.
Mayor Suarez: Oh,ok, all right. They are not changing their position then,
they've...
Commissioner Plummer: No, no, but that was not the contention. No, their
contention at the time was only over owners consent.
Mayor Suarez: Right.
Mr. Rodriguez: First.
Commissioner Plummer: The other one was what they would like to accomplish.
Mayor Suarez: They would recommend, recommending that we change the
procedure?
Commissioner Plummer: They recommended it. Now he is telling me that the
County Attorney is demanding.
38 March 22, 1990
11
Mr. McManus: No.
Commissioner Plummer: Big difference.
Mr. McManus: No. The County Attorney is here he can speak for himself.
Commissioner Plummer: What was your comment just now?
Mr. McManus: That he continues to insist that we bring this up.
Mayor Suarez: Insist?
Commissioner Plummer: Oh bring it up, that's no problem.
Mayor Suarez: Request, the man insist. We are going to get a definition on
this. Maybe we will hear from you. State your name.
Mr. Tom Logue: Mr. Mayor, Commissioners, good evening. I would like to speak
in support of this proposal.
Mayor Suarez: That's much better than demand and insist. So far we got
support.
Mr. Logue: We had asked you to consider this and you had agreed to consider
it and we appreciate you doing that.
Commissioner Plummer: And we are.
Mr. Logue: And I understand this is an opportunity to air the pros and cons.
And we think this is a very positive change for the City. The best change of
course, oh, I'm sorry. My name, Mr. Mayor, is Tom Logue. I am an Assistant
County Attorney.
Mayor Suarez: Mr. Logue, let me pre-emt you for a second here now. If, if
they're supporting and not demanding, aren't we just back to considering here
at our level for our own purposes whether this makes sense? OK.
Commissioner Plummer: Whether we want to amend the ordinance. Did we ask the
City Attorney, I thought we did, to draft a proposal and bring it back with
their recommendations.
Mayor Suarez: Yes, does it, do we have that now and can we just on our own
without too much County support, explanation, description or exhortation go
ahead and make up our own minds? Vice Mayor Dawkins.
Vice Mayor Dawkins: What, sir, what did the County pass a couple of days ago
in, at the County Commission level pertaining to...
Mr. Logue: Historic preservation?
Vice Mayor Dawkins: Yes, sir.
Mr. Logue: Commissioner Dawkins, Commissioner Valdez had moved an ordinance
which would have allowed the Historic Preservation Board of Dade County to
bring lawsuits in its own name. That was defeated and the County Commission
said we do not want you bringing lawsuits unless you bring them, unless you
come to the County Commission and get permission first.
Mayor Suarez: That was a wise vote.
Vice Mayor Dawkins: Thank you.
Mr. Logue: Yes, sir.
Commissioner Plummer: Well, Mr. Mayor, I would suggest we still continue and
pursue the way that we were before, ask the City Attorney to draft an
ordinance or an amendment to the ordinance with their recommendation giving us
both the pros and the cons.
Mayor Suarez: Yes, I mean, Madam City Attorney, I think we all agree that
anything that simplifies the process would be helpful to us.
39 March 22, 1990
C
Ms. Linda Kept -non: Yes, we need a vote on that by the Commission. If we. are
to amend...
Mayor Suarez: You need a vote on that? But I thought we did that already
last time.
Ms. Kearson: No we didn't, you asked us to bring back the pros and cons today
to discuss.
Mayor Suarez: OK.
Commissioner Plummer: Of course.
Ms. Kearson: To make the decision on that.
Mayor Suarez: Tell us the pros, I mean, I don't see too many cons as long as
nobody is pushing us around.
Mr. Rodriguez: The pros are basically that the Commission will no longer have
to hear every proposed historic designation. So that will save time from the
agenda.
Mayor Suarez: That's a bi.g pro.
Mr. Rodriguez: The public hearing process that we have to pay now that
includes, is paid by the City generally, will be reduced from four hearings to
one hearing, unless it is appealed because it will go only to the Heritage
Conservation Board.
Mayor Suarez: So if there is no appeal at any level it will be one hearing by
one board. And...
Mr. Rodriguez: By one board. And...
Commissioner Plummer: Well, there would an appeal to this Commission?
Mayor Suarez: Not if it's not appealed.
Mr. Rodriguez: If, unless you disappeal.
Commissioner Plummer: If it's not appealed if their decision would be final?
Mr. Rodriguez: Right.
Mayor Suarez: Right. So it's only one hearing at that point?
Mr. Rodriguez: One hearing. And the process...
Mayor Suarez: Presently how many hearings, even if it's just a regular
course?
Mr. Rodriguez: Four.
Mayor Suarez: Four.
Mr. Rodriguez: Because we go to the Heritage Conservation Board, Planning
Advisory Board and two readings by the City Commission. Because it is an
ordinance...
Mayor Suarez: So far we've got a lot of pros.
Mr. Rodriguez: And then finally, it will remove all zoning issues from the
discussion which may be the whole designation easier to discuss for all the
people involved. The, you want to hear the cons or you don't, you are
satisfied with the pros?
Commissioner Plummer: Well, as long as the ordinance as amended gives the
right of any member of this Commission to appeal any of the decisions, I have
no problem with that, for or against. The same way we have with the class C
permits or the others, I have no problem as long as any member of this
Commission can bring about an appeal.
40 March 22, 1990
now
Mr. Rodriguez: So we can build that in the ordinance that will be prepared by
the Law Department in conjunction with the Planning Department and we will -_
bring it up as soon as we have it ready. E
Commissioner Plummer: And just let me bring to your attention Mr. County
Attorney. At a public hearing which we had on Monday night called the
Townhall Meeting your historic ordinance by the people of Coconut Grove was
blasted...
Commissioner Alonso: Yes.
Commissioner Plummer: ...and blasted simply because it was amazing to me the
same arguments that I gave you, you give absolutely no, underline in capital
letters, no incentives for people to want to have their places considered
historic.
Mr. Tom Logue: Well, perhaps we should follow your example and re -look at our
own ordinance and I think we are open to do that.
Mayor Suarez: There you go. OK, any cons?
Mr. Rodriguez: Yes. The only cons that I want to bring to your attention is,
you will be giving authority that you have at this point for historic
designation. The property owners and neighbors will only have one public
hearing to present their opposition unless they appeal this and then we have
certain bonuses and incentive...
Mayor Suarez: We only have one hearing to present their objections unless
they appeal.
Mr. Rodriguez: One hearing to, unless they appeal and normally they like to
build their case sometimes in different hearings and finally we have a certain
zoning case bonuses and incentive in our ordinance at present because through
the zoning classification that we give, there are certain increases in density
and other uses that can be used that will not be there unless you might want
us to, you might want to instruct us to have incentive by having in the zoning
ordinance one overlay district that would give that kind of flexibility. It's
up to you.
Commissioner Plummer: We are talking about a paper tiger. I mean all we are
basically in effect doing is if the man objects, the owner objects, we are
delaying him six months. So we are talking about a paper tiger. That's why
if you give an incentive, a man might want to do it, a man might do it but in
this... particular case, you give him no incentive to do it and as such, all
you can do in the enforcement of this law, is delay him for six months. And
after that, he can do what he wants. So, I mean, we're talking about a paper
tiger. I think much tc do about nothing was said once before.
Mayor Suarez: Much ado about nothing, but it does help us procedurally. It
does simplify our procedures, you agree with that?
Commissioner Plummer: It keeps down a lawsuit. I mean, yes...
Mr. Rodriguez: If you want to, we can bring, when we bring this us up, show
you a possible set of incentives through zoning overlay and also use the
Community Development Block Grant funds in some cases that you can consider at
that point.
Commissioner Plummer: Sergio, if we get one more overlay in this town, we can
abolish the master plan.
Mr. Rodriguez: It's nothing to do with that.
Mayor Suarez: We had hoped to simplify the zoning ordinance and it's now full
of overlays. All right...
Mr. Rodriguez: It's up to you. Listen, I am offering a possibility.
Mayor Suarez: ... how abouta motion that endorses the concept of...
Mr. Rodriguez: Of removing this from the zoning ordinance.
41 March 22, 1990
Mayor. Suarez: Right., and h.ri.ng that back to its if you ha.e any additi.oral...
Commissioner Plummer.: With the provision that any Commissioner has the right
to bring about the appeal.
Mr. Rodriguez: Sure, we'll do that.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-237
A MOTION DIRECTING THE ADMINISTRATION TO INITIATE
LEGISLATION TRANSFERRING RESPONSIBILITY FOR FUTURE
DESIGNATION OF HISTORIC PROPERTIES FROM THE ZONING
ORDINANCE TO THE CITY CODE, THEREBY, GIVING THE
HERITAGE CONSERVATION BOARD THE AUTHORITY TO DESIGNATE
HISTORIC PROPERTIES; FURTHER STIPULATING THAT SAID
DECISION MAY BE APPEALED BY THE PUBLIC OR BY THE CITY
COMMISSION.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yu.rre
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For sure.
COMMENTS MADE FOLLOWING ROLL. CALL:
Mayor Suarez: Thank you, counselor.
Mr. Logue: Mayor Suarez, thank you. Commissioners, thank you.
--------------------------------------------------------------------------------
17. DISCUSSION CONCERNING LOCATIONS BEING CONSIDERED BY FEDERAL BUREAU OF
PRISONS FOR CONSTRUCTION OF JAIL FACILITIES IN MIAMI - INSTRUCT
ADMINISTRATION TO CONVEY THE CITY'S DISPLEASURE REGARDING SAID
CONSTRUCTION, BUT FAVORING SITE "A" OVER ANY OTHERS.
Mayor Suarez: PZ-3.
Mr. Joe McManus: Mr. Mayor, members of the Commission, item PZ-3 is a
discussion item regarding a proposed metropolitan detention center to be
located in downtown Miami by the U.S. Bureau of Prisons. The draft
environmental impact statement has been delivered to the City. Comments have
to be returned back to the federal agency no later than April 9th of this
year. What the administration would like is if this Commission has any
recommendations for or against the facility. What we have indicated here on
the overhead projector are the three sites and I'll briefly describe them.
Site A is a site immediately to the north of the U.S. Court House immediately
next to the GSA site. The pros are, it's located again inunediat.ely north of
the federal court House. We are concerned that the historic Chelly Block is
located along the westerly edge of that and would present an opportunity for
historic preservation of those historically important buildings which were
42 March 22, 1990
designated by this Commission December of 1988. Working against that site is
the possibility the Federal Bureau of Prisons does not want to preserve those
historic buildings. Site B is a site kind of catty -corner from the U.S. Court
House. Access to that would be more difficult. And it is a small site and we
think it would have to be enlarged. There would be difficulty in connecting -
in constructing a pedestrian overpass to connect that site across to the Court
House Building. And again, that site is located adjacent to City of Miami
parking lot ten, which is the proposed site for the new Washington Heights
project. If this site were chosen, we think it would make it more difficult
for the new Washington Heights proposal. Site C is the land already acquired
by the Federal Bureau of Prisons to the south of the U. S. Court House. That,
again, is a small site. We think the site would have to be enlarged by the
Federal Bureau of Prisons to accommodate their facility and, again, that is
the one that's received opposition because it's located next to the New World
School of the Arts.
Commissioner Alonso: The concern that I have with these locations is the, as
I see, the number of people that - relatives of the prisoners that will be in
the area at all time. That's a very serious concern that I have with whatever
location... and, of course, I don't want C, but it is a serious concern that I
have. If we are talking about 1,000 prisoners, we are talking a lot of
relatives. Daily we will have number of people standing in the streets
waiting for the results and this is going to create serious problems to the
area. That's a...
Mr. Sergio Rodriguez: Also, if I may add, and our understanding is thatthese
people will be there detained for a period from 120 to 180 days. It's a short
term facility, but that is the way it is defined. So, you can imagine the
impact that this might have as to the...
Commissioner Plummer: How many people would be detained there?
Mr. Rodriguez: One thousand inmates.
Mr. McManus: There are a thousand units.
Mr. Rodriguez: Units, we don't know how many inmates might have there but
supposedly one thousand, but you know...
Commissioner Alonso: And, supposedly all of them waiting for trial...
Mr. Rodriguez: Right.
Commissioner Alonso: ...so we are going to have lots of relatives and friends
and it is a serious problem.
Mayor Suarez: What is the status on the environmental impact statement and
all the other federal proceedings on this site? On any of these sites?
Mr. McManus: The draft...
Mayor Suarez: I think I just got some communications on it. I hope I got
them to you or to staff.
Mr. Rodriguez: That's why we brought up this item before you. Because we
have so many days to respond to it. And this was the only meeting which we
can...
Mayor Suarez: How many days do we have?
Mr. McManus: Til April 9th.
Mayor Suarez: And is it now in the posture of only site C?
Mr. McManus: They have purchased land at site C, but the environmental impact
statement includes sites A, B, C...
Mayor Suarez: B and C.
Mr. McManus: ...plus two others which are essentially discarded in the EIS
(Environmental Impact Study).
43 March 22, 1990
Mayor Suarez: They were already discard Ad, you mean, by their own..
Mr.. McManus: Their own studies, they've discarded them.
Mayor Suarez: Do they own any other sites?
Mr. McManus: Not to our knowledge.
Mayor Suarez; Do they own any besides C or are they in the process of
acquiring A or B?
Mr. McManus: I'm not aware of that, Mayor, not to my knowledge.
Mayor Suarez: Does the Commission agree that we should at least testify or
otherwise make our feelings known in the environmental impact statement that
we, first of all, really favor basically a small holding facility only, if
anything? And not close to the New World School of the Arts or the college
but, hopefully, on the other side of Court House. Is that the kind of thing
that we want to...
Mr. Rodriguez: And also, you might want to include that you might have a
opposition to the one that is shown as B, because the possible effect on the
Washington Heights hotel proposal...
Mayor Suarez: It could affect any Washington Heights project?
Mr. Rodriguez: I imagine you wouldn't have a successful hotel adjacent to a
jail.
Commissioner Alonso: Oh, my.
Vice Mayor Dawkins: When we were discussing this before, and all of the
people were against it, did not somebody in administration tell me that
because it was the federal government, the federal government had a right to
supersede anything we wanted and whether we wanted it or not, the federal
government had a right to put it there. Is that a true statement or erroneous
statement?
Mr. Fernandez: That is a true statement.
Vice Mayor Dawkins: Well, somebody needs to put that in the record.
Commissioner Alonso was not here, she wasn't privileged to that and somebody
should say that so that we know where we are.
Mr. Fernandez: The United States and its agencies do not have to comply with
the municipal zoning regulations of the City of Miami or obtain, for that
matter, municipal building permit in order to construct a federal prison
within the City of Miami.
Commissioner Plummer: Isn't it amazing that they came in after they got
everything completed and they got what they wanted in the GSA site. I wonder
if that was good strategy? It sounds like, to me, it was. Hey, it's the
lesser of the evils or nothing. My vote is, that I don't want it downtown,
period.
Vice Mayor Dawkins: I don't either.
Commissioner Alonso: But I guess we have no choice.
Vice Mayor Dawkins: We don't.
Mr. Rodriguez: The only thing that I...
Commissioner Alonso: Whatever we say...
Vice Mayor Dawkins: What they want to do anyway.
Mr. Rodriguez: The only thing that you might be able to do is just show a
preference for one of the sites.
Commissioner Plummer: And whatever preference we show, we're going to find
that there are objectors.
44 March 22, 1990
Vice Mayor Dawkins: Opposition.
Commissioner Plummer: And then, we're going to be the bad guy because we
chose one spot over the other.
Vice Mayor Dawkins: Correct.
Mr. Rodriguez: That's a possibility.
Mayor Suarez: Should we not, reflect then, as part of our statement and
testimony, that we generally would like to have no such facilities downtown,
but if we must, then, go for a holding facility as far away from the college
as possible. Is that the Commission position and would you like somebody to
enunciate that in the form of a motion so - anything else you want to add?
Commissioner Plummer: Well, Mr. Mayor, if I have to, if I'm forced to pick, I
would have to pick the A site. And that's based on the fact that to the east
of it, is their own GSA site, to the south of it, is their own U.S. Court
House and, unfortunately, to the north of it, of course, is cut off by the
Peoplemover and the only area that I can see that would create a problem, or a
serious problem, would be to the west of site where the hotel might or might
not, go. So, if I'm forced to choose one, which I don't want to, it would have
to be that I would choose site A first, site - I guess, A, B, C in that
preference. But A, if. I got to choose, ;could have to A would be the first
site.
Vice Mayor Dawkins: Well, my position has not changed. I do not need another
non -revenue producing facility in the City of Miami. Every jail that you
have, including the main jail, the main courthouse, the Youth Center, the
Women's Detention Center, you name it, they are all in the City of Miami and
they do not contribute to our tax base. Here we are getting ready now to take
another piece of property off the tax rolls and the Federal Government does
not pay taxes and take another piece of property which they say we can't do
anything about it, but I would vote for none of them. I would prefer to have
a facility built on that property that would produce tax to help us defray our
taxes.
Mr. Rodriguez: Maybe what we, I might suggest is that reflect the two
resolutions that you already have passed against jails in the City and then
raise the objections with sites "B" and "C" more strongly and leave it like
that.
Commissioner Plummer: Fine. So moved.
Mayor Suarez: So moved.
Commissioner Plummer: It's an effort in futility.
Mayor Suarez: Second it.
Vice Mayor Dawkins: Moved and seconded. Any further discussion? Madam Clerk,
call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 90-238
A RESOLUTION DIRECTING THE CITY'S ADMINISTRATION TO
RESPOND TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT
FOR THE MIAMI METROPOLITAN DETENTION CENTER (FEBRUARY
23, 1990), PREPARED BY THE U.S. BUREAU OF PRISONS, BY
EXPRESSING OPPOSITION TO ANY JAIL FACILITY DOWNTOWN
AND REFERENCING PREVIOUS CITY COMMISSION RESOLUTIONS
ON THE ISSUE; AND MAKING RECOMMENDATIONS ON POSSIBLE
SITES FOR USE IF THE FEDERAL GOVERNMENT PROCEEDS WITH
CONSTRUCTION OF THE JAIL FACILITY DOWNTOWN IN SPITE OF
THE CITY'S PROTEST.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
45 March 22, 1990
Upon being seconded by Mayor Suarez, the resolution was pass-d and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING CALL:
Commissioner Alonso: Well, I don't want it anywhere. We have no choice.
It's going to be placed there most likely and I have very little to say on
that, but I will vote with the motion, even though I want to reflect my
position. I don't want it in downtown Miami at all. Yes
Commissioner De Yurre: Well, echoeing Commissioner Alonso's position, I vote
yes.
Vice Mayor Dawkins: To remain constant, I do not want another jail in the
City of Miami any place, I vote no.
18. DENY APPEAL BY OBJECTOR (ARTURO CARABALLO) - UPHOLD ZONING BOARD'S
DECISION TO APPROVE COOKING AT 3328 S.W. 23 TERRACE - WITH PROVISOS AS
TO PARKING, TRASH AND PROHIBITION OF DEEP FRYING.
Mayor Suarez: PZ-4, make sure you swear in the witness and anyone else that
is going to testify. The applicant I should say, if anyone else is going to
testify. Mr. Caraballo. Yes, Commissioner.
Commissioner Alonso: Yes, I'd like to say that Mr. Arturo Caraballo is a
cousin of my deceased father and I'm going to refrain from voting in this
issue to avoid the suggestion of impropriety.
Commissioner De Yurre: It's only if you vote yes.
Mayor Suarez: And swear in also Mr. Cardenas, Mr. Helfman, the applicant, the
property owner, I guess.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: Hear from the objector first, Mr. Caraballo.
Mr. Arturo Caraballo: Gentlemen, the point is this. We are fighting the
bushes, not the trunk. And I'm here because I have been forced...
Mayor Suarez: Would you just very quickly give your name and address, put it
on the record so we have that.
Mr. Caraballo: My name is Arturo G. Caraballo and my address is 3330 SW 23
Terrace. My point is this, I'm here because I'm being forced to be here,
because this whole thing has been deviated completely out of the center of the
whole thing. What I said is, the fellow that tried to transfer the
grandfather right didn't have it at the moment he tried to transfer it.
That's the point, therefore, the resolution dictated by Sergio Rodriguez,
Director of the Planning Department is not correct and cannot be have life
because the fellow, as I repeat it, Mr. George Brodeur didn't have the right,
he said he had, and nobody has investigated that. It wasn't investigated by
Olmedillo. It wasn't investigated by Genuardi. It wasn't investigated for
anybody else in this City Hall and they continue sustaining this and at the
same time, they, at that moment accept that resolution was dictated in June
and then after two months they want to appeal, appeal!
46 March 22, 1990
Mayor Siia.rez: Mr. Caraballo, this is fairly confusing so f.ar. Was he
referring to some kind of a deed that transpired prior to all of this that did
not contain the uses in question? What was it? I remember something about -
this last time.
Mr. Rodriguez: Even when the issue that we're discussing today is whether the
cooking or not should be allowed because of that issuance of the Class C.
Mayor Suarez: Right, but there was a prior nonconforming use of some sort. Was there a conveyance or something? Is that what he is referring to? -
Mr. Rodriguez: No, he's saying that. the Class C that was given was invalid
because it was based on a discontinuance of a use that he's questioning
whether that's the case or not.
Mayor Suarez: There was anybody in the premises using it for the use that was —
grandfathered, which was a use as what?
Mr. Rodriguez: It was a print shop before.
Mayor Suarez: A print shop, that's... —
Mr. Rodriguez: We have...
Mayor Suarez: Well, he referred to a deed also. I didn't know what that deed was. •�
Mr. Caraballo: But the print shop was closed for two and one/half years. _
Mayor Suarez: The printing shop, that's your argument, that there was a -
discontinued...
Mr. Caraballo: The printing shop, so he lost his rights.
Mayor Suarez: ... a legal nonconforming, or legal nonconforming use, OK.
Mr. Caraballo: He lost his rights for sure, therefore...
Mayor Suarez: What years are you saying, Mr. Caraballo, that the printing
shop was not in operation?
Mr. Caraballo: It was not in operation and the rea...
Mayor Suarez: What years are you saying that it was not in operation?
Mr. Caraballo: I think it was in 1987.
Mayor Suarez: Until when? Until what year? _
Mr. Caraballo: Until forever, because he never started again.
Mayor Suarez: I see.
Mr. Caraballo: That's the point and then there is something...
Mayor Suarez: Until the present then, OK, until they... have they been using
it in any way? - the property?
Mr. Rodriguez: If you'll let us... when he finishes, answer some questions to
put on the record, there is a letter from Joe Genuardi of March 15th that
established, in his opinion that there was no discontinuance of use and he can
introduce that into the record of all the particular cases or reasons why he
believed that that was not discontinued.
Mayor Suarez: What was the property being used for prior to these
proceedings?
Mr. Rodriguez: It was used as a print shop prior to...
Mayor Suarez: Immediately prior to these proceedings? All the way as a print
shop?
47 March 22, 1990
Mr. Caraballo: Nobndv was there to check it.
Mayor Suarez: From our standpoint, I just. wanted to get... all right, go
ahead, finish your testimony. Go ahead, sir.
Mr. Caraballo: Nobody was there to check it. Genuardi can say what he wants,
but he is lying in that. He presents a document saying this is the document
from the computer and it is proof that he was open and live in
June 10, 1988, in which it was practiced an inspection, but at the same time,
I find out that in the fire prevention, this document lacks a lot of things
and it is easy to see that it is a forge or something like that. At the same
time, I find that in the same date, in the same place, there was an inspection
for fire prevention made by Della Suarez and that she said the place was
closed and was out of business. How come Genuardi said that it was open, the
print shop and Deya said that it was closed? And I know it was closed,
because I live next door.
Mayor Suarez: OK, I just want to clarify who this Suarez person he was
talking about. We have an inspector named Suarez?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Very good name. I'm not, going to recluse myself. That means
is fairly...
Mr. Genuardi: There is a fire prevention inspector named Della Suarez.
Mayor Suarez: Is that the person he is referring to, as far as you know?
Commissioner De Yurre: That's not your cousin, is it? Working for the
City...
Mayor Suarez: Not my cousin. Although, you never know! All right sir,
anything else?
Mr. Plummer: It's his brother. -in-law.
Mr. Caraballo: Sure. After that, they tried to present a case in this way.
It's not their physical presence in the place in order to keep the grandfather
law working for them. It could be done by my using a C.U. (certificate of
use). But read the law, you are lawyer and anybody that is not lawyer can
read it.
Mayor Suarez: That doesn't guarantee we are going to understand it, but...
Mr. Caraballo: The law says that you had to be there in other word, unless
the government impedes you to go in there. That's easy. There is no way and
nobody was there at that moment.
Commissioner De Yurre: Can we get a clarification as to what the law is, Mr.
Rodriguez?
Mr. Rodriguez: Could I get Mr. Genuardi to explain each one of these points?
Specifically that particular part of the law.
Commissioner De Yurre: But the law, who can explain the law here? Maybe from
the City Attorney's office we can get some input?
Mr. Rodriguez: Yes, what it says specifically is, if I remember correctly,
that if the particular use is abandoned for more than 180 days, that use that.
was nonconforming, .is discontinued.
Commissioner De Yurre: Now, you are talking about physical use, actually
operating the business.
Mr. Rodriguez: Well, the use is discontinued.
Commissioner De Yurre: No, no, no, I think that is pretty much the whole
issue here, the physical use or having permits or things of that nature.
Mr. Rodriguez: The way that the...I'm going to let the Law Department address
that particular issue.
48 March 22, 1990
Commissioner De Yurre: Well, let's let. him address it right. now. What is the
response to that?
Ms. Maer: The zoning ordinance provides that if the use is not... is =
discontinued for a period of 180 days, then the right to the legal =
nonconforming status is discontinued. Now, of course, that particular
language is interpreted by applying that language to the particular facts of a -
specific situation and under our City zoning ordinance, the zoning —
administrator of the City is charged with the responsibility of applying that
language to a particular fact pattern, so in this instance, my understanding
is that the City zoning administrator, Mr. Genuardi conducted an investigation
and determined pursuant to his memo that I see here, dated March 15th, that in
fact, the prior nonconforming use of the print shop had not been discontinued
for a period of. 180 days and therefore in his opinion, there having been no =_
lapse, the change to a catering service was in fact permissible. _
Commissioner De Yurre: Then are you saying, so I can understand this, his
interpretation, that's subject to our review.
Ms. Maer: At this moment, it is not. What is specifically in front of you...
Commissioner De Yurre: Then why are we here?
Ms. Maer: What is specifically in front of ,you is an appeal by Mr.
Caraballo...
Commissioner De Yurre: Ah ha.
Ms. Maer: ... of the language of the condition... I'm sorry, what's
specifically in front of you today is an appeal by the zoning administrator of
language in the Class C permit issued by the Planning Department pertaining to
cooking.
Unidentified Speaker: No, no.
Commissioner De Yurre: Well, they are saying no. What's the story, guys?
Ms. Maer: What are you saying no about?
Commissioner Plummer: Yes, but Mr. Caraballo has the right to, as I
understand, whether he is right or wrong, he has the right to appeal to this
Commission that the application is illegally before us and I think that's the
case he's trying to make.
Commissioner De Yurre: But isn't that determined...
Commissioner Plummer: And if it was illegal before any board and here, the
other issue doesn't come .into play. Now, once that's established, then we can
talk about the merits of the cooking or the not cooking.
Commissioner De Yurre: But isn't the illegality of the permit based on the
interpretation by Genuardi?
Commissioner, Plummer: Well, but Genuardi goofed up and he didn't go actually,
physically inspect the place and he admitted that in the last hearing.
Ms. Maer: I'd like to correct my prior statement. This has been before us in
so many different ways now, that I got my facts mixed up myself. What
happened here is the zoning administrator had issued a letter saying that
there shall be no cooking on the premises and the Sharpes, the catering
service, appealed that.
Mr. Rodriguez: That's all.
Ms. Maer:
And that is
specifically the narrow issue
that is front of the City
= Commission,
is whether
or not there shall be cooking.
Commissioner
Plummer:
I'm sorry, 1 disagree. The
issue being raised is a
legitimate
issue and has
every right to be heard by
this Commission. Was the
application
incorrect
when the statement has been
made that they did not
occupy for
160 days?
if they vacated that for more
180 days, the application
49
March 22, 1990
before us as I sec it, is not. va.l_d. The rest of it is not even to be
considered.
Mr. Cardenas: Mr. Mayor, may I address that?
Commissioner Plummer: Well, I'd like an answer to that.
Mayor Suarez: Wait, before we get to your side of it, which I...
Commissioner Plummer: To me that's the first consideration.
Mayor Suarez: ... am not sure will...
Commissioner De Yurre: Yes, but what they are saying J.L., now is that that
is not the criteria. That physical... the presence or the use, physical use
is not a requirement.
Commissioner Plummer: Victor, I understand what they are saying, but if in
fact it is invalidly before us, if the application is not valid, the rest of
these points do nothing and that's what I am trying to ask. Who can determine
that that place was not vacant for more than a period of 180 days? That's the
first question. Now, once that is resolved, we can talk to the issue of
whether they should cook, or the proprietor should live on the premises. Who
can stand up and testify to me that that place was not vacated for more than
180 days and if they can't do that, then this gentleman has added credence to
his complaint.
Mr. Cardenas: Mr. Mayor, may...
Commissioner De Yurre: Hold it, hold it, Al.
Mr. Cardenas: OK.
Commissioner De Yurre: That is not the determining point as far as I
understand it. They are telling...
Commissioner Plummer: There is no point if the application before us isn't
illegal.
Mayor. Suarez: Wait, yes, but let him finish his statement. Commissioner De
Yurre.
Commissioner De Yurre: J.L., the reason under which, or for which to
determine whether it is legal or not depends on whether there was that 180 day
gap there. But they are saying that the fact that there was no physical
presence for 180 days is not determinative of it being legal or illegal.
Mr. Rodriguez: Right, and further...
Mr. Carabailo: He had to be operating the business.
Mayor Suarez: Wait, wait, wait.
Commissioner De Yurre: Hold it, hold it.
Mayor Suarez: Mr. City ...
Commissioner De Yurre; So it's kind of up in the air...
Mayor Suarez: ... Manager, acting City Manager, Madam City Attorney, so we
get a clarification. What standards are we applying today to what issue,
exactly?
Ms. Maer: The specific issue is whether or not the condition as to cooking
should be allowed to remain in the Class C permit or not, whether or not the
Sharpes should be allowed to cook. That is specifically...
Mayor Suarez: OK, this is not relevant to that today. Can this board now
take into consideration whether in fact there was an interruption of the prior
nonconforming use for more than 180 days which was a printing shop?
50 March 22, 1990
Ms. Maflr: I think t.hat to be purely technical, the pointin time when that
decision was made was at the time the application for the change in use was
considered by the zoning administrator.
Mayor Suarez: OK...
Ms. Maer: And under our zoning, ordinance, when he made that decision, there
was a period of days within which an appeal could have been taken from that
decision.
Mayor Suarez: Oh, I see, somebody has to appeal from that at that point and
on that ground. All right, finish your testimony, unless any Commissioner has
any more questions at this point, or let them make their statement and
hopefully untangle all of this.
Mr. Caraballo: There is a memorandum of Genuardi that speaks by itself.
Mayor Suarez: What does it say and summarize it, don't read it, just
summarize it, please. We can put it into the record.
Mr. Caraballo: It is dated December 21, 1989 and it says in the second
paragraph, according to the information in the certificate of use computer
program, which I obtained prior to signing the Class C permit application for
processing... there was a valid C.U. but has nothing to do with that.
The annual inspection had been made...
Mayor Suarez: Hey, wait a minute, Mr. Caraballo, please. Quiet in the
chambers. OK, are you almost completed, your testimony?
Mr. Caraballo: No. The annual inspection had been made on June 10, 1988 and
the information updated on February 24, 1989. Today I have requested that the
Fire Prevention Bureau he knew that I had what the Fire Prevention Department
had, the inspection of the fire prevention, and now he is saying that he asked
the Fire Prevention Bureau to furnish me with a written report to either
confirm or correct the information I obtained from the computer.
Mayor Suarez: OK, why don't you put that...
Mr. Caraballo: The information of the computer is the base, or was the base
on the resolution of Sergio Rodriguez.
Mayor Suarez: OK, why don't you put that into the record then, let us...
Mr. Caraballo: And then if...this is the finish word, if the information was
in the error, it was, then I would recommend contacting the Law Department to
determine what action may take at this time, but from then on, Mister, I
cannot cope with the municipality. I can not get anything, I cannot see
anybody, that is something quite difficult the only person...
Mayor Suarez: All right, I think we have an idea what the issue is. Let's
hear now from the other side. Thank you. Any... and if you have anything
else, you will be entitled to rebuttal.
Mr. Caraballo: No, there is another thing.
Mayor Suarez: You might want to take a little time to collect your thoughts
and we have a better idea what you're saying.
Mr. Caraballo: There is another thing, Mr. Mayor, which I want....
Mayor Suarez: OK, this is your final statement, because otherwise I am going
to limit you... final statement and you are entitled to a brief rebuttal.
Mr. Caraballo: I don't know if this is the final statement.
Mayor Suarez: For, now it is. I'm telling you, I'm not asking you. For now
it is your final statement.
Mr. Caraballo: Let me tell you what happened...
Mayor Suarez: This is your final statement., go ahead.
51 March 22, 1990
Mr. Caraballo: When it was necessary to appeal, the resoli.ition of Sergio
Rodriguez, the Director of Planning, you see, but at the same time, it had
been passed, the time for establishing the appeal, they created one, and then
Genuardi, which is not from the Planning Department dictates an enforcing
letter which is I'm telling you that you have comply with what the Director of
Planning said in his resolution and that is what they appeal and take this to
the hearing board of zoning and now I have to be here because of this. So it
was confusing, the whole the thing. They issued a resolution that was not
correct because it was outside his jurisdiction and his co?petency. This is
something that you have to do something with that.
Mayor Suarez: All right., thank you for your statement.
Mr. Cardenas: Yes, thank you, Mr. Mayor. Quickly, members of the Commission,
my name is Al Cardenas. I am here on behalf of the appellee, Sara Sharpe
Catering Service pursuant to a decision of the Zoning Board, a unanimous
decision, by a nine to zero vote, that cooking was incidental to the issuance
of a Class C permit.
Mr. Caraballo: Hal
Mayor Suarez: Sir, don't interrupt.
Mr. Cardenas: Yes, and that decision of the Zoning and Appeals Board has been
appealed by one of the neighbors, Mr. Caraballo. We were here, as you will
recall, on a couple of occasions already. Last time we were here a month
ago. Even though there is only a 15 day provision within which to appeal a
Class C permit for whatever reason, one of those reasons of course being a
non -continuance of a use and that expired because no one appealed the issuance
of Class C permit within the time provided by law. Subsequent to that of
course, a client in reliance to the Class C permit went and spent about
$40,000 as we recall, on the premises to make it ready for the Class C permit
which had been lawfully issued to her. Our position at the last hearing before
you was that those issues dealing with the legality or non -legality, or the
expiration, not -expiration of the nonconforming use, he had 15 days in which
to appeal and didn't. Despite that, this Commission has said, "Well, we're
going to take a month and defer this matter." We're going to ask Mr. Genuardi
to look into this. And frankly there are two things that happened in the
intervening 30 day time period. Number one, the City of Miami, as per your
explicit instructions, in spite of the fact that the 15 day period had expired
and in my opinion, that was a nonissue before you, but I think you were trying
to get to equity of this situation, we all welcomed it and so, you asked Mr.
Genuardi to look thoroughly into the issuance of the permit to ascertain
whether in fact, the nonconforming use had expired or. not. He went into it in
great detail with the Legal Department, ,.yet with the owner's attorney who is
here and issued a memo that said, "After due diligence, after a considerable
amount of work, after looking into all of the facts, we ascertained that there
was not a discontinuance of the use for 180 days, and therefore the permit was
legally and validly issued." That's your staff, pursuant to your instructions
after due diligence. Not only Mr. Genuardi, but may I add, the City
Attorney's office as well. Number two, the appellant here had cast aspersions
regarding fraud, lack of integrity, everything else on the part of the owners.
Not only that, it prompted, after his original allegations, it prompted Janet
Reno herself to visit this City Hall to find out what was going on. I want
you to know that the State Attorney's office thoroughly looked into the
matter, looked into all of the allegations of Mr. Caraballo and by memo, which
the property owner's attorney has in hand, has given his client and therefore
our client a clean bill of health, finding all of his accusations to be
totally unwarranted. Let me then add a further moment.. His then next
statement was that this was a totally obnoxious use anyway and detriment to
his residential neighborhood and he pursued that intensely. He sent out a
flyer, which incidentally was highly inflammatory, to all of his neighbors,
regarding opposing what our client's business was and I dare to say to you
that in all of the hearings that I've been to, he's not been able to lure one
neighbor to come and speak in support of this position in the matter and this
is an area which all of you are fully familiar with. You know how active the
neighborhood here is. You know how outspoken its residents are and you have
yet to see one single neighbor come before you and speak in favor• of Mr.
Caraballo's position in spite of the flyer that lie issued throughout the
neighborhood and in spite of the fact of the things which lie's undergone. Let
me then speak to finally quickly to the merits of the case as to why what the
Zoning Appeals Board was properly done. This City of Miami has issued
52 March 22, 1990
occupat..i.onaI licenses to 32 catering establishments located within the City of
Miami. Since the last meeting, we put someone in our office to take a look at
it to see whether catering establishments do indeed have cooking because
that's what the Zoning and Appeals Board said was a reasonable incidental use.
Of the 32 catering establishments listed in the occupational license and
certificate of use computer file of the City of Miami, 21 have cooking
facilities on the premises. Two have no cooking facilities, but one of them
orders food for cruise ships only and one handles its catering through a
nearby restaurant with which they have an accord. Two have temporarily
disconnected their telephone numbers. One has a completely disconnected
number. Two have no telephone number listed, one is no longer in the City,
two cannot be reached by phone, and one is the subject of this investigation.
So every thing one, in other words, there were 23 catering services with
current licenses that we were able to get to and 21 of the 23 have cooking on
the premises. We went through that whole argument on the equity and the
merits of this thing. The Zoning Board which you appoint to listen carefully
to these things voted nine to nothing in favor of what our client was doing.
We brought pictures here that were taken today to show you what our client's
property looks like inside and out and the adjoining property owned by Mr.
Caraballo and I urge you to take a look at it.
Commissioner Plummer: Is that truck owned by the owner of the catering
services? - the white van? That's the white van that's parked where it says,
absolutely no parking?
Mr. Cardenas: That's the client's own...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You are going to have to come up to the mike, Ma'am. You've
been sworn?
Ms. Sara Sharpe: I have, sir. I am Sara Sharpe. If the license tag on the
van was AXT-91I, that is my van.
Comrnissioner Plummer: That's the one.
fender that's bent in that says ouch!
Ms. Sharpe: That's a dead car.
It's right behind the car with a
Commissioner Plummer: That's a dead car. I excuse myself from voting, that's
a dead car! (LAUGHTER)
Mr. Cardenas: That's parked in front of Mr. Caraballo's home, not our
client's property.
Commissioner Plummer: No, here's a sign, yes. Who does the Toyota belong to,
the blue Toyota?
Ms. Sharpe: One of my employees, sir.
Commissioner Plummer: Good. Call two wreckers. There's ouch, Well, this is
the office area. This is the back of the center., area. This is where the
cooking is done.
Mr. Cardenas: That's all within the commercially nonconforming use property.
Commissioner De Yurre: Where are the bedrooms here?
Commissioner Plummer: In the back.
Mr. Cardenas: Well, it's in the back. It's a separate building,
Commissioner.
Commissioner Plummer: This is the back of the building here and the house of
the residence is in the back of here.
Commissioner De Yurre: Here? Right.
Commissioner Plummer: Yes, right here.
INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
53 March 22, 1990
Commissioner Plummer: Mr. Caraballo, is your house the one with the
basketball court?
Mr. Caraballo: No, let me see what you got.
Mr. Cardenas: That's on the other side.
Commissioner Plummer: Oh, on the other side?
Mr. Caraballo: The other side.
Commissioner Plummer: Oh, OK. Your house is behind the ouch car. Your house
is behind this.
Mayor Suarez: I hope this is leading to some useful information.
Mr. Caraballo: My house is right here.
Commissioner Plummer: Yes, OK.
Mayor Suarez: Commissioner Plummer, where... Mr. Caraballo, thank you, sir.
You are not on just now.
Mr. Cardenas: Mr. Mayor, let me have Mr. Helfman, the attorney for the owner
briefly on the record set forth the findings of your staff and the findings of
the State Attorney's office and introduce those documents into the record so
that there is no question in this Commission's mind that everything has been
perfectly legal and everything is appropriate, so the only issue before you is
going to be whether cooking is incidental to a catering permit and I think I
just gave you...
Commissioner Plummer: OK, that's the issue before us, whether from your
perspective, whether cooking is incidental to a catering service.
Mr. Cardenas: That's the only issue before you, catering service. And I have
just read to you the survey of the 31 catering establishments licensed by the
City of Miami. We were able to contact 23 and 21 have cooking on the
premises.
Mayor Suarez: And from his perspective there is another issue, of course,
which we are going to want to hear very briefly from staff on, which is
whether there was an interruption of the prior nonconforming legal use and if
so, again from staff, as to whether that, at this particular point means
anything?
Mr. Cardenas: Mr. Hel.fman.
Mr. Steve Helfman: Mr. Mayor and members of the Commission, Steve Helfman on
behalf o" the property owners, Mr. and Mrs. George Brodeur. My address is One
CenTrust Financial Plaza. I've worked with Mr. Cardenas as co -counsel on two
of the issues, which we don't feel are the issues before the Commission, but
we're prepared to address them. The first one is the issue of the
grandfathering. I've worked exhaustively with Mr. Genuardi in documenting the
use of that property over the past three years. After weeks of providing
documentation, he's made a determination that the use was never interrupted.
Even assuming that the use, as they have claimed was physically interrupted
and there was no activity going or., that is not the standard under Florida law
for a nonconforming use. The standard is abandonment. Abandonment of the
premises and the law of abandonment is that you have to have the intent to
abandon and that you actually abandon and the cases are replete that where a
person merely puts his... he shuts down his business completely, but puts it
up for sale or for rent as a commercial establishment, he is not abandoned the
use, the nonconforming use of that property.
Commissioner De Yurre: How long were they physically out of the property?
Mr. Helfman: In this instance, they, in January of '87, they were
physically... they own the property, they continue to go to the property,
there was not an active printing business going on from January 188 to January
189. However-, there was a business ongoing from there. It was limited.
We've provided everything from tax returns, where they show an income of
$3,500 for the year of 1988, to show...
54 March 22. 1990
Commissioner De Yurre: Did they operate anywhere else in Dade County?
Mr. Helfman: No.
Commissioner De Yurre: Nowhere else at all.
Mr. Helfman: No.
Commissioner De Yurre: Well, where those bills that were owed to them?
Commissioner Plummer: No.
Commissioner De Yurre: The $3,500 receivables.
Mr. Helfman: No, those weren't receivables. That was business that they did
from that premises but it was a limited business. Now, let me give you
another example of things that occurred during 188 that gave Mr. Genuardi the
basis. They applied for and obtained from Dade County DERM (Department of
Environmental Resources Management) a permit to operate a print shop. They
paid $250 for that permit.
Commissioner De Yurre: When was that?
Mr. Helfman: That permit was issued in May of 188.
Mayor Suarez: What period of time did it cover?
Mr. Helfman: From May of '88 until May of '89. Of course in early '89 they
didn't need it anymore because the use is transferred to this use.
Mayor Suarez: And you... let's see, you've admitted to help in this inquiry,
I don't know if you picked up on this, Commissioner De Yurre, since it is what
you are inquiring now, but you've admitted that from sometime in early 189
until sometime when there was not actually a printing shop in active
operation.
Commissioner De Yurre: You said all of '88?
Mayor Suarez: All of '89, I thought you said.
Commissioner De Yurre: No.
Mr. Helfman: There was a limited business activity going on there. As
evidenced by the DERM permits, the certificates of use, the income tax returns
for a business from there, bank records that we furnished. I would like for
the record to enter in or at least I believe it is part of the record, but for
the purposes of the hearing, I'd like to enter into the record my letter to
Mr. Genuardi of March 7, 1990, which contained the various documents which I
referred to including this DERM permit, but let me go back a second, because
what's happening here...
Mayor Suarez: When the period of time when you said that there was no active
business of printing going on there?
Mr. Helfman: January 188 to January of '89.
Mayor Suarez: You are right about that.
Mr. Helfman: OK, but let's step back a minute because what is really going on
here is...
Commissioner De Yurre: Did they print anything after January 189?
Mr.
Helfman: Yes,
when I say no business,
I'm saying in active business.
They
had orders, they placed orders,
they had
$3,500 of
income that year from
the
business. Now,
there is nothing
to say
that they
got to make a profit.
There
is nothing to
say that they got
to have
a phone.
They is nothing to say
that
they got to go
there every day.
But even
if there
was, that's...
Mr. Caraballo: Do you have the ... a bill from the...?
55 March 22, 1990
Mayor Suarez: Wait, wAit, ;gait, sir, sir, sir, you are out of order now. It
is not going to help your case which lately has been going a lot better than
when you were speaking, iE you interrupt, OK? So let me warn you. This is
really the second warning. I'm not going to give you a third warning, so let
them complete their presentation. You are going to get a brief rebuttal and
that's it and if you are out of order, you are going to watch these
proceedings on television. OK.
Mr. Helfman: The business was a limited business. I am not making an
admission that it was inactive because it was not inactive. It was...
Commissioner De Yurre: I thought you did. Now don't change it now. You said
there was nothing going on there throughout '88.
Mr. Helfman: With the exception of the orders...
Commissioner De Yurre: With the exception of receiving $3,500.
Mr. Helfman: No, no, with the exception of placing and providing orders to
customers and we've provided all the documentation.
Commissioner De Yurre: How many... what did they make in 188 or in 187? What
was their income?
Mr. Helfman: I don't know. I don't know the answer to that.
Commissioner De Yurre: $3,600, $3,700?
Commissioner Plummer: Thirty-four.
Mr. Helfman: But Commissioner, really with respect to 187, that's not the
year that we're talking about.
Commissioner De Yurre: No, I just want to compare, you know, what the $3,500
that they made during '88 to a year that they were active in the business.
Mr. Cardenas: Commissioner, you had the four following facts which control.
One, they made $3,500, so they earned income. Two, they filed their income
tax returns stating so. Number three, they did have that income derived from
the printing shop located within these premises. Number four, these premises
were leased and there was all of the appropriate things done. The DERM permit
was pulled, the occupational license was pulled, so basically, if we get into
these facts, which is what I intentionally try to avoid for the following
reason -- if you get into the facts that this City Commission is a trier of
facts as to which point you are going to consider a business active without
laying it out on an ordinance, you cannot do that. I mean, you determine
activity based on one, the case law interpretation in the State of Florida,
and two, the guidelines which you established. If both the case law in the
State of Florida and the guidelines you established in the past fall within
the purview of an active business, based on what your staff has concluded and
counsel has told you, then in my opinion, even though you may think that
common sense ought to prevail, I don't think you can substitute your personal
judgement which is sound, I'm sure, for that which has been laid in case law
and in ordinance. I mean, you just can do that procedure.
Commissioner De Yurre: If it goes your way it's sound, if it doesn't it's not
too sound, but let me ask you this, do they have any other ongoing business
under the same narne during the year 188?
Mr. Cardenas: No.
Commissioner De Yurre: So they were out of business except for the $3,500
that they made. No other business under that name under any other address?
Mr. Helfman: No, no other business under that name at any other address.
Commissioner Plummer: Or by those owners?
Mr. Helfman: By those owners, I hope that nobody else is carrying on business
under their name. But...
56 March 22, 1990
Commissioner Plummer: 140. but they co,,ilci bQ na Ing under a different
corporation.
Mr. Helfman: They could.
Commissioner De Yurre: And?
Mr. Helfman: Not that I'm aware of.
Commissioner Plummer: Well, they are here, let's ask them.
Unidentified Speaker: Well, when do you want
Mr. Helfman: No, no, wait.
Mayor Suarez: I'm not sure we ever want to talk to you, Ma'am, because you
are totally out of order. If you want to say something, you have to come up
to the mike and I'm not sure that she has been sworn in in these proceedings.
Mr. Helfman: They were not doing business under any other name during that
time period. Let's step back a minute, because there have been a lot of
allegations about the Sharpes...
Mayor Suarez: Well, we'll step back and forward and so on, but we are going
to also complete this argument pretty soon.
Mr. Helfman: I'm prepared to wrap it up.
Mayor Suarez: OK, in connection with this particular part of the discussion,
the City's position is, well, you are: going to, I guess, put into the record
the various examinations by Mr. Genuardi, that found an existing business
going on there, printing shop, no discontinued use. What is the standard
again to be applied? It has to be an abandonment, is that you... did we agree
with that, or is that just his definition?
Mr. Rodriguez: That the use was discontinued for more than 180 days.
Mayor Suarez: The use was discontinued. Are we free to interpret that as
logic might interpret that or are we bound by all kinds of interpretations as
counselor has indicated?
Ms. Maer: Has the language... if I may, can I just paraphrase specifically
with the language of this ordinance, not the language of ordinances outside
the State of Florida or other cases in Florida with other types of ordinances
states. This ordinance says in 2104.6, discontinuance - "If any such
nonconforming use of a major structure or any portion thereof, or major
structure or premises in combination, is discontinued for any reason, except
where governmental action impedes access to the premises for a period of more
than 180 consecutive days, any subsequent use shall conform to the regulations
for the district in which the use is located." That is our specific
ordinance.
Mayor Suarez: And the grandfathering aspect of all this ends at that point
and that's the standard to be applied and I guess we'll hear as to our
inspections and so on, very briefly. Anything else, counselor?
Mr. Helfman: Yes. And Mr. Genuardi who is charged with making that
determination has found that there was not a discontinuance. There is a whole
other aspect to this and I'll be very brief and that is that Mr. Caraballo has
continued to make allegations and threats to both City officials, my client,
Mr. Cardenas' client, that people are going to jail and the only thing he
hasn't told you today, what he told me in my last conversation is that the
City is a cesspool. But, aside from that, he made these same allegations...
Mayor Suarez: There are other people from time to time who have given that
opinion and...
Mr. Helfman: He made these same allegations to Janet Reno, caused her to come
down here, caused this...
Mayor Suarez: We've heard about the State Attorney investigation, counselor.
57 March 22, 1990
Mr. Helfman: Well., for thri purpose or the record, I would like to introduce
the final. closing...
Mayor Suarez: We're not carrying on an investigation here of cesspools or you
know, improprieties. We've trying to decide a zoning case.
-3
Mr. Helfman: The final closing report by the State Attorney's office, page 3,
"Because the first allegation is unfounded and cannot be disputed with records
and because the second allegation, is purely civil, it is my recommendation
that this matter be closed" and it was closed by the State Attorney 3/22/90 E-
and I'd like to enter that report, which is the March 12, 1990 report of tt_e
State Attorney's office, finding no wrongdoing by anyone, including City -'
- staff. 'G
_i Mayor Suarez: So entered into the record without any commenting as to the
relevancy of it. OK.
Mr. Helfman: Thank you for your time.
Mr. Cardenas: In conclusion, Mayor, 25 seconds here, we've shown, and the
staff has shown that we've been in compliance, the permit is valid, the Zoning
Appeals Board has unanimously said that cooking is incidental. Twenty-one out
of your 23 catering establishments have cooking on premises. And the issue
before you is whether the Zoning Board acted sensibly in saying that this
should be like one of the 21 out of 23 catering establishments in the City of
Miami and I can't find any logic why you should not uphold that unanimous
decision.
Mayor Suarez: OK, thank you counselor. Anything from staff on the inspection
and then Mr. Caraballo, we're going to hear from you the final statement as
the appellant and objector. Mr. Genuardi, anything?
Mr. Genuardi: Well, as has been said here, I received a lot of documentation
from two attorneys for Mr. and Mrs. Bordeau and showing me that there was
activity going on in the building. It was not a full-scale print shop, but
there was activity going on there. They hadn't discontinued...
Mayor Suarez: Did you do visual inspections? Are those part of this process
at all?
Mr. Genuardi: Before the catering place went in there, no, I did not do a
visual inspection.
Mayor Suarez: Anything else from staff in support of whatever our position
is? What is our position, by the way, Planning? - wearing your two hats
today.
Mr. Rodriguez: The position that we have is that... let me go back to this...
that the decision of the zoning administrator that eliminated cooking on the
premises is correct.
Mayor Suarez: That eliminated cooking on the premises. Based on?
Mr. Rodriguez: Right. Based on a letter that we relied upon from the lawyer
from the applicant at that time, Sheila Wolfson, and when she said there was
going to be no cooking in the premises.
Mayor Suarez: And that's the recommendation to us today?
Mr. Rodriguez: Let me go... the letter that is there is letter dated July 19,
1989 that is addressed to Mayor Suarez and that letter, in relation air
pollution, it says, "there is no deep frying of any kind," and so on and says,
catering involves food preparation, rather than cooking. Cooking is done at
the customer's home immediately prior to serving the food. So, relying on
that, we were under the impression that there would be no cooking on the
premises even though we had to clarify that in the Class C that was given, was
granted or on this issue, on this particular permit, the Class C is silent
about the cooking. It says it is subject to live-in in premises, it shows the
hours of operation, it deals with the number of employees, it deals with how
to deal with the trash and so on.
58 March 22, 1990
AOL
Mayor Suarez: The fact that it is silent on cooking leads you to r,oncl=:de the — -_
cooking is not envisioned or contemplated use or activity?
Mr. Rodriguez: Well, let me tell you, because the one of: the items that says, _
"Catering operation to be limited to orders for parties off the premises." And
no "cantina," which was the concern there was at the time, no "cantina," _—
quote, operation allowed. So, because that wasn't clear enough...
Mayor Suarez: What is your definition of that word, so we have that in the
record. What would you call a "cantina"?
Mr. Rodriguez: A "cantina" will be a kind of food that will be cooked in
large... to serve more than one person, I guess, full meals that will be then
transported to different places or will...
Mayor Suarez: Some of those are even hot meals, aren't they?
Mr. Rodriguez: Hot meals, but basically food that will be cooked, as compared
to the catering service that has been alleged to in this particular...
Mayor Suarez: Catering service which could basically mixing of cold foods and
so on.
Mr. Rodriguez: Yes, that's...
Mayor Suarez: And no cooking as meaning... heating, well, does it include
heating?
Mr. Rodriguez: Well, as we understood at that point, it was no deep frying,
no cooking...
Mayor Suarez: No deep frying and no cooking as commonly understood.
Mr. Cardenas: Mr. Mayor, members of the Commission, just one clarification.
The Class C permit could not have been issued in reliance of the letter from
Sheila Wolfson of my office because the Class C permit was issued on March 6,
1989 and the letter from Sheila Wolfson to the City of Miami is dated July 19,
1989, more than three months after the Class C permit was issued and well
after the time period within which to appeal a Class C permit had expired.
The second important thing is that Sheila's letter had nothing to do with a
Class C permit. It was a courtesy response to the City based on accusations
levied by Mr. Caraballo.
Mayor Suarez: OK, legally, can we in fact go into and at the present posture
to the issue of what they can do or cannot do there as part of this proceeding
in terms of what we define to be cooking and so on? We can do all of that?
Commissioner Plummer: I think we ought to call Mr. Food and let him make the
decision.
Ms. Maer: With reference to cooking, that the specific issue you have
jurisdiction over at this time.
Mayor Suarez: OK, and we can pretty much define it as we understand the code.
Ms. Maer: Absolutely.
Mayor Suarez: Last statement, Mr. Caraballo.
Mr. Caraballo: I received a letter...
Mayor Suarez: A brief statement. We've heard a lot...
Mr. Caraballo: This is too complicated for me to be so short unless I swallow
what is important to me.
Commissioner Plummer: But don't cook it.
Mr. Caraballo: Don't cook it, that's a point. Let me add this. I received a
letter from the City Manager, even trough it was signed by Angela Bellamy and
he said, and this is what he said, and he said the catering operation is
limited to order for parties off premises, no cooking. Now, it seems they can
cook.
59 March 22, 1990
Mayor Suarez: What date was that letter from...?
Mr. Caraballo: Well, that's...
Mayor Suarez: What date, what date?
Mr. Caraballo: The date of this.., it is the only one I received. It Is
August 15 1989.
Mayor Suarez: August 15, 1988.
Mr. Caraballo: 189.
Mayor Suarez: 189.
Mr. Caraballo: OK, and there is another one thing. Owners to reside at the
house located at the rear. The owners did not have any intention of living
there, because in the same date and they were buying a house to live in Coral
Gates.
Commissioner Plummer: They have a contract to buy and it doesn't say.
Mayor Suarez: OK, you are showing some kind of document. You may put that
into the record. I'm not sure if it proves what you are saying it proves, but
you can certainly put it into the record. City Clerk, thank you.
Mr. Caraballo: Then if they were buying a house for $200,000, more or less.
It wasn't to live in the back of the factory, that's...
Mayor Suarez: We don't know that, but that's interesting. All right, they
could be buying a house for many purposes, I suppose.
Mr. Caraballo: There is another thing. There is a memorandum of Mr. Genuardi
to Edith Fuentes of July 19, 1989. It says, Mr. Caraballo, that is the first
line, Mr. Caraballo make a statement which is not true. The Coral Gables
Printing Service, according to our certificate of use records, was not closed
for three years. Attached is a printout from our C.U. computer program
indicated that the inspection of the business was made on June 10, 1988 and
that the CU was active. This inspection was false, absolutely false, because
that day was Della Suarez from the Fire Prevention Department saying that
there was nobody there, the place was closed and out of business. Now, who
was lying? - Genuardi who had an interest or Della? In my opinion, I live
there and I knew what was going on there and...
Mayor Suarez: You don't need to make reference to his lying, he is going from
computer records which in...
Mr. Caraballo: And besides that, and besides that.
Mayor Suarez: All right, you are going to complete your argument and finish
quickly, please.
Mr. Caraballo: And besides that, what I was asking here and nobody answered
me that, and then in Janet Reno's office and nobody want to do that is find
out...
Mayor Suarez: Well, you didn't do too well over there, so now you'll do...
Mr. Caraballo: ... find out what happened there, find out, go to the company,
to the Electric Company and see the consumption of electricity.
Mayor Suarez: You understand that. Ms. Reno has ocher things to worry about
besides whether they are cooking there or not, so it's not whether they had a
printing shop there or not.
Mr. Caraballo: No, the cooking is a new thing...
Mayor Suarez: But you made allegations of people violating the law. That's
probably what she was looking at.
Mr. Caraballo: The cooking is a new thing. Everyday is a new thing.
60 March 22, 1990
Mayor Suarez: Well, the printing shop, whether it was there or not.
Mr. Caraballo: Well, I was stating he said that...
Mayor Suarez: Mr. Genuardi based his opinion apparently on computer records.
Mr. Caraballo: Let me say...
Mayor Suarez: All right, this is it, your final statement.
Ms. Caraballo: This gentleman, I don't know who he... this gentleman said
that... and Mr. so and so, whatever he is, do not have, yes, because there are
so many people to defend a little case that is very strange, don't you think?
Mayor Suarez: We all have to get involved in these cases. Go ahead, finish
your statement.
Ms. Caraballo: The fellow said that they were doing business there and I
said, you can't, because you don't have electricity. You see, if you cannot
move the printing shop even though if you have the machinery there that wasn't
there, you cannot move thorn without electricity.
Mayor Suarez: How do you know they have no electricity?
Mr. Caraballo: I called the company and the fellow that the first day they
didn't answer me, but the next day the read me the consumption.
Mayor Suarez: So it was low consumption of electricity?
Ms. Caraballo: Nobody scants to give me a certificate of that and that is what
I asked you, you officially ask for that.
Mayor Suarez: OK, thank you.
Mr. Cardenas: Mr. Mayor, just 20 second to conclude.
Mayor Suarez: You are not really entitled to...
Mr. Cardenas: .. and that is that...
Commissioner De Yurre: I just want to know one thing.
Mayor Suarez: ... a rebuttal. Wait a minute, wait a minute. Commissioner De
Yurre.
Commissioner De Yurre: Is there any truth to the rumor that they are going to
start feeding the homeless there?
Mr. Cardenas: Well., I'm sure they are charitable minded people.
Mr. Caraballo: Mr. Mayor, let me...
Mayor Suarez: No, no, wait, sir. All right, unless you have a...
Mr. Cardenas: Well, they do take their leftovers to Camillus House.
Mayor Suarez: Unless you have a point of legal clarification.
Mr. Cardenas: Yes, the whole issue here is common sense. These people spent.
their $45,000...
Mayor Suarez: Well, you are not going to rehash your argument, counselor, you
are not going to rehash...
Mr. Cardenas: No, this is something... this has not been said today.
Mayor Suarez: Is there is anything that we've missed, or anything that was
misstated?
Mr. Cardenas: No, this is something yes, that we haven't concluded saying.
They spent their $45,000 in reliance on a permit in the cooking...
61 March 22, 1990
Y --
AWh
i
Commissioner Plummer: Wait a minute. Al, please, you started out at thirty-
eight.
Mr. Cardenas: Right.
Commissioner Plummer: Then today you started out at forty and now you are up
to forty-five.
Commissioner De Yurre: Attorney's fees.
Mr. Cardenas: Well, you got to add fees and stuff to the thing. It keeps
mounding up, you know, I mean, and so anyway, but that's a personal lawyer
thing, but anyway, the truth of the matter is this. Since that's that their —
whole life savings into this business and reliance on a document the City gave
them...
Mayor Suarez: You spent a lot of time on that the last hearing.
Mr. Cardenas: Yes, and if you say no to them, you are going to send them home
broke, bankruptcy without a business, putting ten people out of work and what have you accomplished, I mean, what have you accomplished?
Mayor Suarez: OK, all right, that's...
Mr. Cardena.3: I mean, what have you accomplished if they get one single
neighbor opposing this thing here?
Mayor Suarez: All right, thank you, Mr. Cardenas. It is true that we have _—
not heard that argument at this hearing on the expenditures prior to some kind of an indication from someone in the City that you were in fact entitled to do
this. Who was that indication, by and when? - that he was saving that he =_
could rely on if that argument makes any sense at all, which I am not sure it
does, other then the equities of it, which we don't always consider.
Mr. Rodriguez: Well, while this issue is being appealed, they are taking a
risk in this. _
Mayor Suarez: The what?
Mr. Rodriguez: While this issue has been appealed, they are taking a risk if
they invested money.
Mayor Suarez: Oh, I know that, but was there some kind of a letter at some
point, that they said that they were relying on that allows this use there?
Mr. Rodriguez: They have a Class C, but the Class C, while it is being
appealed, is not final.
Mayor Suarez: OK, so they should know that.
Commissioner Plummer: And it was revoked.
Mayor Suarez: All right, Commissioners, inquiry and vote on this matter.
Commissioner Plummer: Mr. Caraballo, are you relates; in any way to my dead
father?
Mr. Caraballo: It could he!
Commissioner Plummer: Nah!
Mr. Caraballo: Probably, for the age. I'm 72 years old, so I'm not
discussing anything for me, but for my grandsons, not even for my sons.
Mayor Suarez: OK, sir, we've heard enough. Anything else, Commissioners?
Commissioner De Yurre: What's the recommendation of staff?
Mayor Suarez: Yes, what is then the final recommendation that we do what?
Commissioner De Yurre: No, we fire Genuardi now.
62 March 22, 1990
Mr. Rodriguez: No. The recommendation from the staff was to deny cooking in
the facilities. That was recommendation was reversed by the Zoning Board that
decided that cooking should be allowed in the facility.
Commissioner Plummer: So where the hell are we?
Mr. Rodriguez: You have to decide whether you go with recommendation from the
staff, that you don't allow cooking in the facilities, or that you can limit
the amount of cooking that you have in the facility...
Commissioner De Yurre: OK, now...
Mr. Rodriguez: Or _you can go with recommendation from the staff of allowing
no cooking at all.
Commissioner Plummer: How do you limit the cooking on the facility? - medium,
rare, or well done?
Mr. Cardenas: We're willing to accept a condition...
Mayor Suarez: Wait, wait, counselor, please, please.
Mr. Cardenas: Well, OK, I'm just answering his question.
Commissioner De Yurre: Well, give the rational for the recommendation of no
cooking.
Mayor Suarez: As far as discussion at this point in staff. Anything that you
are recommending?
Mr. Rodriguez: No deep frying.
Commissioner Plummer: Well, look, can I say this? I went there and inspected
the facilities today, OK? I have to tell any of my colleagues who did not go
there, the only thing that I found objectionable was the way they handled
their garbage and that coul,. be easily remedied. Now, if you prohibit cooking
completely, you in effect put them out, of business, is what you've done. I
guess really when you say a modified version as to can they precook, can they
prepare and to what extent is the problem that I have is how you would enforce
that. Now, I did not see any deep fryers when I walked in and I walked in
unannounced. As a matter of fact, there was only one lady there who kind of
liked panicked when I walked in the door.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Huh? You go to hell. There is part of the two percent
that is eliminated. You know, there are certain provisions that I, if I were
to vote for this, that I would have to put in. Mr. Caraballo, in effect, and
he's going to argue with me, I'm sure, is on the blind side of this business.
The people that would be more affected are the people to the west, where the
basketball court is, because in effect, the east wall of this building is a
wall in effect like a buffer. My areas of concern is what amount of cooking
would be tolerated. This place, by the way, Mr. Mayor, was spotless. I mean,
it was spotless. The amount of cooking that would be allowed, the disposable
refuge and the other area that I have concern, I had a hell of a time finding
a parking space, that in front of their building is a sign that clearly
states, no parking. Two cars violated that and they are talking about they've
got ten employees. That concerns me. Now, if we deny this, that building is
not going to go away in my estimation. Once a determination has been made by
the City Attorney, whether I agree or disagree, I have to abide by their
ruling that they did not lose their grandfather's clause. I might disagree
with that, but I'm bound to go by their ruling, OK? So now, that's behind us.
I really don't think it is that objectionable a business. I've got to be
honest with you, with the exceptions and the limitations and the provisions
that would have to be to get my vote, would have to be in some way addressed
and assured, so I just give you that for what it is worth.
Vice Mayor Dawkins: What's your motion?
Mayor. Suarez: If it is in the form of a motion, you might as well go ahead
and put your suggestions as to what the limitations should be so we have at
63 March 22, 1990
_ ..
Aft
least a mot.ior; before us, otherwise wp'd just be arguing shout: a theoretical -
matter. _—
Commissioner Plummer: What were the limitation of hours prior?
Mr. Rodriguez: Let me read the limitations of the Class C and then you can...
It says, hours of operation limited to Monday through Saturday, 7:00 a.m. to
5:00 p.m., only...
Commissioner Plummer: Well, I would make that, because 7:00 a.m. is a little
early, I would make that 9:00 to 5:00.
Vice Mayor Dawkins: They can't serve breakfast.
Commissioner Plummer: They don't serve breakfast. Well, but you can prepare
after 9:00 o'clock. I would assume... and by the way, the work orders which I
personally read up on the refrigerator were for parties outside of that
place.
Mr. Cardenas: Yes, they would need from 7:00 to 5:00 because that's just how
long it takes to prepare for an afternoon event, which is the most common
time.
Commissioner Plummer: Al, I'm worried about the noise.
Mr. Rodriguez: Let me read the second one, because it. says...
Mayor Suarez: OK.
Commissioner Plummer: All right, go ahead.
Mr. Rodriguez: The second one is...
Mayor Suarez: There is a lot of logic in all of this, you know, we know that
you have a certain amount of time you need to prepare, but if the Commission
wants to impose conditions, the rest of us may or may not even vote with this,
so...
Mr. Rodriguez: It says only two full time employees in addition to the
owners.
Mr. Cardenas: That's right and they abide by that.
Mayor Suarez: Only two full time employees, OK. I hope somebody doesn't
argue then, that this is going to somehow deprive people, ten people of jobs
if you are only going to have two on the premises, at least, that's what we
are talking about, these premises. All right, other than the owner.
Mr. Rodriguez: That's the condition.
Mr. Cardenas: Part time service.
Mr. Rodriguez: Owners to reside at the residence on the premises. The next
one is catering operation to be limited to orders of parties off the premises.
Mayor Suarez: OK.
Mr. Rodriguez: Next one is no "cantina" operation allowed.
Commissioner Plummer: The what?
Mr. Rodriguez: "Cantina."
Commissioner Plummer: Oh.
Mr. Rodriguez: The next one, and trash to be packaged and stored in
waterproof and vermin proof conditions at the rear of the building.
Commissioner Plunurier: Well, that was not done.
Mr. Rodriguez: I'm telling you the conditions that we have.
64 March 22, 1990
Commissioner Plummer: OK, I'm telling that was not done. There were about
eight: or ten trash cans out in the front. Mr. Mayor, I agree with the hours
of limited operation. Maybe seven is not, unless it was a noise factor. I
don't really see any need for the owner to live on the premises, I really
don't except for the fact that they might, if they lived there, keep things
even quieter. I don't see that as a main criteria. I'll go back to my
original. My concern is the three areas, and those would be what would be
incorporated in my motion. The one is the parking situation, the other is the
trash receptacles and the third one was...
Mr. Cardenas: No deep frying.
Commissioner Plummer: ... no deep frying, yes.
Commissioner De Yurre: Well, I'll tell you, I have problem with the fact that
they don't live there, because I think that... it's just like we have doctor's
offices and that kind of thing, 25 percent of the... you know to keep it a
residential area...
Commissioner Plummer: I understand and I have no strong position in that, you
know, one way or the other...
Commissioner De Yurre: Yes, but this opens it up to be a full business as
opposed to living there and by the way you have a small business going on
and...
Commissioner
Plummer: All right, from the City Attorney
I'm being told that
that is not
before us, it's already a condition that's
been imposed and as
such, remains.
Commissioner
De Yurre: Which has not been complied with.
Commissioner
Plummer: So then, those conditions
are the prevailing
conditions, then I would want three additional conditions. The parking, the
trash and no
deep frying.
Mr. Maer: What is parking condition?
Commissioner
Plummer: The parking condition is that they
are going to have to
provide some
parking for ten people.
Mr. Cardenas:
Let me clarify the issue when I said ten. Ten people don't
work there.
Ten people work for them. You have two...
Mayor Suarez:
Mr. Cardenas, we are...
Mr. Cardenas:
Well, I have. to...
Mayor Suarez:
He is saying that there are cars violating
the parking laws of
the City as reflected
in the picture...
Mr. Cardenas:
Let me explain, no.
Mayor Suarez:...and he wants to make sure by some means built into his motion,
a prohibition against future further violations and that's what he is trying
to do. We don't need your intervention at this point. We are not going to
permit it until we vote on this, unless the Commissioner wants to inquire of
you. Yes, Commissioner.
Commissioner Plummer: One thing that I would iinmediately do, I don't know the
reason in that area for no parking. It would seem like to me at best it would
be a loading zone where they would load...
Mr. Cardenas: It's not a City sign, it's a...
Unidentified Speaker: It's our sign.
Mayor Suarez: Please, please, it cannot be your sign, nobody here in the City
privately is entitled to post signs on the public right-of-way. Whoever
requested maybe ought to not requested it, but it's there. In the meantime,
that means we are supposed to enforce it.
65 March 22, 1990
Commissioner Plummer: OK, Mr. mayor, I would move approval based on those
three limitations being placed, in addition to those which are already imposed
and I'm told by the City Attorney in fact, are already provisions which must
be accepted.
Mayor Suarez: So moved.
Ms. Maer: Can I get a clarification on the parking condition? Are you saying
no parking on the side of the street? Are you saying...
Commissioner Plummer: No, I'm concerned about the parking, at a particular
time you could park two cars, maybe three in the front. There is a long
driveway in which you could park maybe three cars, so I would have to say that
they would maintain no less than five parking spaces and I would have no
objections if the no parking sign be changed to a loading zone, which in fact
is what it is used for, as a loading zone.
Ms. Maer: Now, as to the trash receptacles, is the language that is our
present condition sufficient?
Commissioner Plummer: What I saw there today did not give me any indication
that it was being packed in watertight containers. I merely saw eight garbage
cans out at the sidewalk that had been emptied by the Sanitation Department,
so I am saying that that... they would have to... yes, that' a provision that
they agreed to, they got to live up to.
Mayor Suarez: OR, so moved. Do we have a second? Do we have a second on the
motion? Do we have a second on the motion, calling for the third and last
time.
Commissioner Plummer: Look, go to the Burger King.
Mayor Suarez: OR, I think it dies. Let me say this, for myself, I wouldn't
second the motion in any event and wouldn't vote for it, because I've got a...
Vice Mayor Dawkins: I second the motion.
Mayor Suarez: So seconded. I've got a problem with this business of the, you
know, the operation of it. It really appears to be almost like a...
Vice Mayor Dawkins: I seconded the motion hoping we'd cut off discussion and
vote.
Mayor Suarez: Vice -Mayor, I'm going to explain my vote. We talk about
plastic watertight containers and we still talking about as residential area,
essentially residential area. I don't even know, without hearing from
Sanitation, how it is that we are supposed to be picking up all of this
garbage that is really almost food processing, and is much beyond what a
regular home would produce and why we should be doing that in a residential
neighborhood, regardless of whither we specify the containers and otherwise
have, if we have discretion would otherwise have a problem with this going on
in a residential neighborhood, although I understand that you have spent a lot
of money to have this here.
Commissioner Plummer: Mr. Mayor, just for the record, you are arguing the
same argument that I had, except I've been told by the City Attorney that the
matter of nonconforming use is not before us. Now, I personally disagree with
that. I think it is a contention, but I have to be abiding by the City
Attorney, who says that is not a matter before us.
Mayor Suarez: I've got you. If we have discretion, I would vote for a
catering service without cooking and all you've prohibited is deep...
Vice Mayor Dawkins: I withdraw my second. Now, you all do what you want to
do.
Mayor Suarez: Deep fry cooking, is that the term that you used in the motion,
deep frying? OR, do we have a second on the motion then, and close off debate
at this point?
Commissioner Plurmner: I will do that happily.
66 March 22, 1990
Mayor Suarez: Do we have a second on the motion? You are going to withdraw?
Vice Mayor Dawkins: Yes, I withdraw the second.
Mayor Suarez: OK, do we have... this is the third time on the second try to
get a second on the motion. OK...
Commissioner Plummer: A second on the motion to close debate?
Mayor Suarez: No, a second on the motion, on the item, on your motion.
Commissioner Plummer: Oh, oh, I'm sorry!
Mayor Suarez: We don't have a second right now.
Commissioner Plummer: Oh, I'm sorry, I'm sorry.
Mayor Suarez: He withdrew his second. Do we need a motion to deny?
Ms. Maer: You need a motion to approve to grant the appeal with these
modifi...
Mayor Suarez: OK, to approve the appeal which would...
Ms. Maer: Or to deny the appeal. if you deny the appeal, then. the Zoning
Board's decision today...
Mayor Suarez: But to deny this use, to deny this use, which would be granting
the appeal, that's the other motion that is possible.
Ms. Maer: Yes, if you grant the appeal there .i.s no cooking and if you deny
the appeal, the Zoning Board's decision to allow cooking of all types, with no
modifications, stands.
Commissioner Plummer: If that motion passes, what can they do and what can't
they do?
Ms. Maer: Which motion, your motion?
Commissioner Plummer: No, mine is dead. I got no second.
Ms. Maer: The motion to deny?
Commissioner Plummer: A motion to deny.
Mayor Suarez: To grant the appeal, or to deny the use, whatever the correct
expression of it is. To grant the appeal, Mr. Caraballo's appeal.
Ms. Maer: If you grant Mr. Caraballo's appeal, then the Zoning Board's
decision is reversed and Mr. Genuardi, the Zoning Administrator's notice of no
cooking on the premises is what governs.
Mayor Suarez: They could do everything except cooking.
Ms. Maer: They can't cook, right.
Mayor Suarez: OK, I so move.
Ms. Maer: So you are moving... OK, to grant the appeal.
Commissioner De Yurre: Then you are telling me that they can still conduct
the business, except they just can't cook.
Ms. Maer: They just can't cook.
Commissioner Plummer: That's exactly the point I was trying to make. To
grant the appeal, they can still operate and you are not building in the
safeguards that I tried to build in.
Vice Mayor Dawkins: Is there a second? We are discussing it without
second.
67 March 22, 1990
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Commissioner De Yurre: Hold on, let me understand this.
Vice Mayor Dawkins: Is there a second? Is there a second? Then we can
discuss it.
Commissioner De Yurre: Then what was the motion?
Ms. Maer: The motion was...
Mayor Suarez: The motion was to grant the appeal and...
Commissioner De Yurre: Well, I'll just second it for discussion purposes.
Vice Mayor Dawkins: OK, now we are open for discussion.
Commissioner De Yurre: Now are you telling me no matter what we decide here
tonight, that they can still conduct a business there?
Commissioner Plummer: Yes.
Ms. Maer: That's correct. The question is whether they cook or don't cook.
Commissioner De Yurre: There is nothing we can do about it?
Commissioner Plummer: I tried to build in more stringent regulations.
Ms. Maer: The question in front of you is whether they cook or don't cook.
Now, in allowing them to cook, were that your decision, you can attach
reasonable regulations.
Commissioner De Yurre: Well, then I'm going to put in a substitute motion
which would be basically what J.L. had moved previously, so basically I'm
going to be seconding his motion or he can second my motion, which was his
motion.
Mayor Suarez: OK, we have a substitute motion now and is that seconded by
you, presumably? - other wise, it is your motion now, restated by him. Do
you second that?
Commissioner Plummer: I'll do anything to bring this thing to a close.
Mayor Suarez: Thank you, except shutting up. All right, we got a motion and
a second? Anything further on the substitute motion which is to deny the
appeal and permit the use as described by the prior motion of Commissioner
Plummer? Anything further? Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved
its adoption:
RESOLUTION NO. 90-239
A RESOLUTION DENYING THE APPEAL AND AFFIRMING SUBJECT
TO ADDITIONAL LIMITATIONS AS SET FORTH HERE, THE
ZONING BOARD'S REVERSAL OF THE ZONING ADMINISTRATOR'S
OCTOBER 27, 1989 ORDER TO REMOVE COOKING FACILITIES
FROM THE PREMISES LOCATED AT 3328 SOUTHWEST 23
TERRACE, MIAMI, FLORIDA, (MORE PARTICULAR DESCRIBED
HEREIN), USED BY A CATERING SERVICE KNOWN AS "SARA
SHARPE CATERING", WHICH IS OPERATED PURSUANT TO A
CLASS C PERMIT ISSUED BY THE PLANNING DEPARTMENT;
ZONED RG-1/3 GENERAL RESIDENTIAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
68 March 22, 1990
EJ
AYES: Commissioner Victor. De Yurre
Commissioner. J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
ABSTAINED: Commissioner Miriam Alonso
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: I just want to state that I don't think there should
be any business there, but since that's not the issue, I vote yes.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: You lost, sir. You made a hell of a..
Mr. Caraballo: You are over the law twice.
Mayor Suarez: I'm sorry sir, but I just wanted to let you know what the
result was.
19. (A) SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000 - CHANGE LAND USE DESIGNATION FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Coral
Way Building Corp.)
(B) DIRECT CITY ATTORNEY TO DRAFT PROPOSED ORDINANCE SETTING UP
SPECIAL FUND TO ACCEPT ALL FUTURE VOLUNTARY PROFFERED COVENANTS
INVOLVING MONETARY CONTRIBUTIONS TO THE CITY.
Mayor Suarez: OK, PZ-5.
Mr. Guillermo Olmedillo: PZ-5 and PZ-6 are companion items. One is the plan
amendment, the other one is the zoning change. This is property located in
22nd Terrace and approximately 34th Avenue. This is the second reading. It
went up to the State.
Vice Mayor Dawkins: Move it.
Commissioner De Yurre: Second.
Mayor Suarez: Moved and seconded, as to PZ-5. Any discussion?
Commissioner Pluraner: Oh, yes, yes, I think there was supposed to a proffer
here.
Mr. Al Cardenas: Right, which has been done.
Commissioner De Yurre: Which is?
Mr. Cardenas: We've proffered a $5,000 contribution by way of covenant, which
has been proffered to the City of Miami, to the Boys' Club of the City of
Miami.
Vice Mayor Dawkins: To what now?
Mr. Cardenas: To the Boy's Club.
Commissioner Plummer: Right. That was agreed upon, Miller.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Yes, when do we get it, Al? When does the Boys' Club
get it?
Vice Mayor Dawkins: Hold it, hold it, OK? Now every time you guys come up
here with a proffer, it's already decided.
69 March 22, 1990
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Mr. Cardenas: No.
Vice Mayor Dawkins: OK, all right now.
Mayor Suarez: Why don't we set up a fund.
Vice Mayor Dawkins: And when you decide, I'm not one of the deciding ones.
Mayor Suarez: Mr. Vice Mayor, why don't we set up a fund for all of these and
we decide how to spend it, as opposed to letting any Commissioner negotiate
it. Yes, J.L.
Commissioner Plummer: Mr. Mayor, this was decided at the first reading and it
was understood at the first reading in this particular case. I mean, I'm not
bringing this out of left field, this was talked, about before, it was agreed
upon before and that's the only reason that I asked at that time...
Mayor Suarez: It was agreed upon and built into the first reading. I'm not
sure that it was, but even if it was, it could always be changed on second
reading.
Commissioner Plummer: It wasn't built in, it was just understood and agreed
upon.
Vice Mayor Dawkins: All right, I'm saying but the understanding always is,
OK?
Mayor Suarez: Fellow Commissioner, I would like to see a fund set up and I
would like to see us every so often parcel out the monies in some way that we
could set the priorities and then that just be sort of ad hoc basis. I don't
know, as to this one, maybe you ought to...
Vice Mayor Dawkins: OK, well I would go along with that, Mr. Mayor, if we say
give it out and rotate it so it goes around.
Commissioner Plummer: That's fine with me.
Mayor Suarez: Absolutely. OK, absolutely.
Vice Mayor Dawkins: Because last time we had a Commissioner here, every time
I looked, it was day care.
Mayor Suarez: That's right.
Vice Mayor Dawkins: Now, I look, I don't where, you know?
Mayor Suarez: Some used to be trees a lot, and now it's not trees, now it is
Boys' Club, day care and we don't really have a very good system.
Vice Mayor Dawkins: That's right. OK.
Mayor Suarez: Maybe we go back to the old De Yurre motion that simply divided
the fund among the Commissioners and made it totally discretionary and
individual one.
Commissioner Plummer: .lust for clarification, Commissioner Dawkins, do you
have in this instance any objection to this donation as proffered before going
to the Boys' Club?
Vice Mayor Dawkins: I do, but since it's you, I'll go along with it.
Commissioner Plummer: Thank you, sir.
Mayor Suarez: OK, and...
Commissioner Plummer: And when will it be paid, Mr. Cardenas?
Mr. Cardenas: Upon issuance of a building permit, but no later than 90 days.
Mayor Suarez: Mr. City Manager, Acting Assistant City Manager, remind us to
please have a resolution with the proper farm that allows us to put these
monies into a fund and figure out some logical way to parcel it out in
70 Larch 22, 1990
accordance with the desires and the priorities of the Commission as a whole.
So moved and seconded. Any discussion? If not, anyone from the general
public wish to be heard on the item? If: not, please read the ordinance, PZ-5.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, AS AMENDED, FOR PROPERTY
LOCATED AT APPROXIMATELY 3401-3417 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE
AFFECTED AGENCY; AND PROVIDING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 26,
1989, 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10718.
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.
20. SECOND READING ORDINANCE: AMEND ZONING ATLAS - CHANGE ZONING
DESIGNATION AT 3401-3417 S.W. 22 TERRACE AND 2210-2248 S.W. 34 AVENUE
FROM RG-1/3 TO CR-2/7.(Applicant: Coral Way Building Corp.
--------------------•-------------•----------------------
Mayor Suarez: PZ-6, companion item.
Commissioner De Yurre: Moved.
Vice Mayor Dawkins: Move it.
Mayor Suarez: Moved.
Commissioner Plummer: What is it? Well, we are on...
Mayor Suarez: Companion item.
Mr. Olmedillo: PZ-6 is a zoning item.
Mayor Suarez: Seconded, any discussion? It is companion item, right?
Mr. Olmedillo: The same item, but this is the zoning portion of it.
Mayor Suarez: OK, any discussion? Anyone from the general public wish to be
heard on it? If not, is it an ordinance?• Call the roll.
71 March 22, 1990
AN ORDINANCE -
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
CLASSIFlCATIO14 OF APPROXIMATELY 3401-17 SOUTHWEST 22
TERRACE AND APPROXIMATELY 2210-48 SOUTHWEST 34 AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY)
TO CR-3/7 COMMERCIAL RESIDENTIAL; AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 26, 1989,
was taken up for its second and final. reading by title and adoption. On
motion of Commissioner De Yurre, 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10719.
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.
------------------------------------------------------------------------------
21. FIRST READING ORDINANCE: AMENDING ZONING ATLAS - CHANGE ZONING
DESIGNATION AT 596 N.W. 49 AVENUE AND 4901 N.W. 5 STREET FROM RG-3/6 AND
RG-1/3 TO CR-2/7.
Vice Mayor Dawkins: Move 7.
Mayor Suarez: PZ-7 has been moved.
Commissioner Plummer: I'll second it, but I need some more information. 49th
Avenue, as I recall is a totally residential area.
Mr. Olmedillo: That is correct. This property fronts on N.W. 7th Street.
Commissioner Plummer: Well, that's not what I read. That's 596 is 6th
Street.
Mr. Olmedillo: Well, the thing is that the property owner owns that portion
of the lot which fronts on 7th Street, so it goes all the way from 7th Street
to 5th Street and it has three zoning classifications. One is CR zoning, then
it has multifamily zoning and it...
Commissioner Plummer: Is this the one for the bank?
Mr. Olmedillo: No.
Commissioner Plummer: What's in the front parcel now?
Mr. Olmedillo: It's vacant.
72 March 22, 1990
Mr. Rodriguez: The property adjacent to this is Airport seven. Do you
remember that?
Mr. Olmedillo: Airport seven is to the west of it.
Commissioner. Plummer: But what is the... are you talking about going further
down than where the line presently exists?
Mr. Olmedillo: The line presently goes up to about 6th Street.
Commissioner Plummer: Sixth Street?
Mr. Olmedillo: Right. And now the application is to extend that zoning the
same as the western parcel has, all the way down to 5th Street.
Commissioner Plummer: And what are the... let's say to the east of there,
what are those? Are those residents?
Mr. Olmedillo: There is a strip commercial center there. To the south
they're duplexes. To the west of the property there is a building, Airport
Seven building that goes from 7th to 5th.
Commissioner Plummer: Where is another building that goes back as far as 5th
Street?
Mr. Olmedillo: That one, the one that is pointed in the transparency.
Commissioner Plummer: But that part of Airport Seven is used for parking.
Mr. Olmedillo: Parking, right.
Commissioner Plummer: And is this one going to be limited to parking?
Mr. Olmedillo: We haven't seen any design. The applicant is here, he can
speak to that.
Commissioner Plummer: Then without that, then you could in fact, ,you could
put up a building on the back portion of it.
Mr. Olmedillo: With the zoning change, yes, sir.
Mr. Rodriguez: Unless they were to proffer any covenant that there will not
be...
Commissioner Alonso: Do they have a covenant?
Mr. Olmedillo: They have submitted a covenant. and I would like the applicant
to address the covenant. It's a voluntary covenant proffered to you.
Commissioner Plummer: Do I have a copy of it?
Mr. Rodriguez: First reading.
Vice Mayor Dawkins: Continue it, J.L.
Commissioner Plummer: I'm concerned that that would be the first time that I
know of anywhere on 7th Street, that a mammoth, and I'm talking about in a
CR/7 you could have a mammoth building all the way back to 5th Street.
Vice Mayor Dawkins: Continue it so we can get more information.
Mayor Suarez: Do you wish to continue action on the item?
Commissioner Alonso: I think they have the covenant. What does the covenant
say?
Mr. Al Cardenas: For the record, my name is Al Cardenas and I'm here on
behalf of the applicant. We have... what, we have really applied for is to
make the zoning consistent with the Master Plan which you have already
approved. You've made the Master Plan from N.W. 7th Street to N.W. 5th Street
commercial and the zoning that we've requested is the zoning which is
necessary in order to provide parking. In addition to that, we have discussed
73 March 22, 1990
the matter with the neighbors and there 'o-re a couple of concerns that. they
had which we have incorporated into the covenant and basically, the covenant
provides for a landscaping buffer plan to be accepted by this City Planning
Department before the issuance of a building permit, a ten foot wide
landscaping buffer along the east and south property lines along 49th Avenue
and NW 6th Street and 5th Street, $10,000 yearly for maintenance for the
landscaping and the wall, should it be necessary for the City or the City
deems it necessary to maintain the buffer. We have eliminated vehicular access
and lini*ed only to N.W. 7th Street, none permitted through 49th Avenue, 5th
or 6th Street, unless such access is required by you. We have, after talking
with the neighbors, committed that there would not be a high-rise residential
structure on the premises. We have also...
Commissioner Plummer: There is nothing in this covenant that says that.
Vice Mayor Dawkins: Not only that., Commissioner...
Mr. Cardenas: Yes, it does. Everything I've said is said in the covenant.
Commissioner Alonso: Where?
Vice Mayor Dawkins: Mr. Cardenas...
Mr. 01medillo: Let her see.
Vice Mayor Dawkins: Mr. Cardenas, C, it says use limitations. "The subject
property will not be developed with high -density multiple family resident
development."
Mr. Cardenas: Yes, sir.
Commissioner Plummer: It doesn't say anything about office buildings.
Vice Mayor Dawkins: But E...
Mr. Cardenas: Where we intend to build it as an office building.
Commissioner Plummer: But it doesn't say it is limited to the front part of
the property.
Vice Mayor Dawkins: You finished?
Commissioner Plummer: There is nothing here that prohibits the back part.
Vice Mayor Dawkins: OR, amendment E, amendments and modifications. "This
instrument may be modified, amended or released as to any portion of the
property by a written instrument executed by the then owners of the fee -simple
title to the land to be affected by such modifications, amendment, or release
providing that same has been approved by the City of Miami City Commission.
Should this instrument be so modified, amended or released, the Director of
Planning or his successor shall execute a written instrument in recordable
form effectuating and acknowledging such modification and amendment." So, you
are saying here to me, in E, that C is useless!
Mr. Cardenas: No, basically what I think he says is that if their
requirements are to be amended or modified, then it has to go to public
hearing for...
Mr. Rodriguez: City Commission.
Vice Mayor Dawkins: Well, what good is the covenant? You know, why tell the
neighbors or anybody that we are going to prohibit building on this land and
then come back and say that but if I come back and convince the Commission, I
can do it.
Mr. Cardenas: Well, we, you know, I understand your concern. We pretty much
always left room to modify any document by a legal process. That really is as
much to protect the neighbors as anything. A lot of documents say it could be
done with staff, it could be done within a certain time period. We have said
that the only way we can change this is by public hearing, having you agree
that the change ought to be made. Sometimes that is to the benefit and
sometimes it's not, but f don't foresee why you would ever want to change it.
74 March 22, 1990
Vice Mayor Dawkins: Well, why don't you take...
Mr. Cardenas: That is fine.
Mayor Suarez: Why don't we take all of that out?
Mr. Rodriguez: Yes, you can take it out.
Mayor Suarez: I mean, if it is a declaration of restricted covenant, the idea
is that it will be restricted forever and ever from doing that.
Mr. Cardenas: That's fine, that would be fine, Commissioner, Vice Mayor,
that's fine. Basically...
Mayor Suarez: Yes, wait... Mr. Rodriguez.
Mr. Rodriguez: Yes, I think in response to Commissioner Dawkins also, and
Commissioner Plummer, the use limitation is addressing only that the property
would not be used for high density multi -family residential, but is silent
about what it could be used for.
Commissioner Plummer: No, hey, all I'm saying is, that the back part of that
property, from what I would term 5th Street to 6th Street should not have any
massive building on it.
Mr. Rodriguez: No structures.
Commissioner Plummer: You'll set a pattern there that you are going to bring
out another hundred applications.
Mayor Suarez: Are you saying, Commissioner, that is included in there?
That's...
Commissioner Plummer: No, I don't find it in here.
Mayor Suarez: Prohibition? It is not. included.
Ms. Miriam Maer: No, that prohibition is not contained in the covenant as it
is written now.
Mr. Cardenas: What provision?
Commissioner Plummer: All it says is, it will not put multifamily
residential, but we know they intend to build an office building.
Mr. Cardenas: Right.
Mr. Olmedillo: I think the Commissioner is speaking to the setback that you
want provided similar to the one that is to the westerly property.
Commissioner Plummer: That's not in the covenant.
Mr. Olmedillo: Well, that is what I am saying, that you are addressing that
issue.
Mayor Suarez: Can we require that in the covenant, or does that have to be
voluntarily proffered?
Mr. Olmedillo: No, that has to be voluntary.
Mr. Rodriguez: They can proffer it.
Mayor Suarez: It has to be voluntarily proffered.
Mr. Cardenas: Well, what I'd like to do if we can, this a first reading on
the matter. We have answered by the covenant we've proffered every
requirement imposed on us by staff and I think most of the anxieties of the
neighbors have been answered. Nobody had posed the issue being posed by
Commissioner Plummer before and frankly, that's why...
Commissioner Plummer: Nobody found it.
75 March 22, 1990
Ank
Mayor Suarez: OK, why don't you complete your presentation. Let me ask this,
Madam City Clerk. Let's swear in any of the neighbors or people who are here
to testify on this item. Raise your right hand. You might as well stand up,
that will be helpful too, so we can identify you. Why don't you swear... it
sounds like we are going to be able to... we are going to be going into the
merits of this and we are going to need your testimony, so please swear them
in. Counselor's been sworn in on another matter already.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: Very good. Presumably your prior oath still applies?
Mr. Cardenas: I hope so.
Mayor Suarez: With the same proceedings.
Mr. Cardenas: Let me go quickly. It's a three minute presentation. But for
background information, as you may know, this property is designated on the
future land use element of the City of Miami as restricted commercial. All of
the property, which is the subject matter of the hearing, including the
properties which are currently zoned CR-2/7, RG-1/3, and RG-3/6. All of...
Mayor Suarez: Excuse me for a second, counselor. I just want. to clarify...
can we have a little quiet in the chambers, please. You may sit down, if you
would like. You don't have to stand up there. Your turn will be right after
he is finished. If you have a limited number of people that will speak, that
sometimes helps, so if you organize it to a group in some way or another, that
allows us to hear more from each individual, otherwise I'll have to limit you
to two minutes each and sometimes you can't get too many coherent things in,
so if you have a sort of an organizer or president of the group or leader, or
whatever, he can parcel the time accordingly.
Mr. Cardenas: Thank you, Mr. Mayor. The Planning Department, as you know, is
recommending approval to you and the reason for it is not only do they find it
in keeping with the Master Plan, but I frankly think your Legal Department
will tell you you have an obligation of some property in accordance with how
you designated in your Comprehensive Master Plan and for the sake of the
record, the current Comprehensive Master Plan designation for the subject
property is inconsistent with the current zoning and that section 163.3194 of
Florida Statutes mandates a charge for the entire property for the zoning,
which is consistent with the Comprehensive Master Plan and neighborhood plan.
We think that is solid foundation and law in the State of Florida and that
since you designated the whole property for restricted commercial, your zoning
ought to correspond to it. Planning Department, incidentally agrees with that
and that's why they've recommended approval. The compatibility with the
surrounding uses is evident. The abutting property to the west is generally
zoned CR-2/7 and features a six story office building, the Airport 5040
Corporate Center. Immediately to the north of the property is multifamily.
The Planning Department had expressed concern, and rightfully so, that this
more intense land use and what effect it would have on the residential
properties to the south and southeast. Because of that, we prepared the
covenant that we submitted to you and the Planning Department which was
acceptable to them. That covenant in essence limits access to the property,
eliminates access from the residential neighborhood and through the
residential neighborhood and limits access to and from NW 7th Street. It
provides for a ten foot visual buffer along with an eight foot wall. The
property, as correctly stated, Mr. Plummer, adjacent property on the back
portion is not zoned commercial and the reason for it is very simple. We
don't have the prerogative they once did, that parking is permitted in a
transitional zone and therefore, for us to accomplish what it is that they
accomplished, we needed the commercial zoning, since we no longer have a
special exception, available to us. We also have proffered, after we met with
the neighbors, the elimination of an apartment building project, since they
would prefer not to have rentals or condominiums there and we abided by that
request, an additional landscaping buffer and a wall. I know that the
neighbors are concerned about and we share 100 percent in their concern and
want to joint them in a subsequent application, which incidentally is not
within the purview of this hearing for the closure of an alley, which goes
along NW 6th Street, or 5th Street, excuse me - both the neighbors... or
nearby - Both the neighbors, the adjoining property owners and ourselves feel
76 March 22, 1990
that that should be closed to avoid traffic intrusion into the residential
neighborhood. Our site plan provides for i.tsi future closure. It's not an
issue before you, but I want to tell you that we are...
Mayor Suarez: Where is that on the overhead?
Mr. Cardenas: Between 5th and 6th Street.
Mayor Suarez: You want to close that. And they want to close that,
presumably?
Mr. Cardenas: The neighbors want to close it, we want to close it and the
adjoining landowner wants to close it and by closing it, you would avoid
traffic intrusion into the residential neighborhood. We think it is a good
idea and we go along with the neighbors, so its not a subject of this hearing,
but we certainly can tell you that we are fully committed to it and can attest
to it by the very fact that in the covenant we said that we would eliminate
traffic ingress and egress to the property from those areas unless you
mandated us to do so. In short, this is a first reading. I would encourage
Commissioner Plummer that we entertain your suggestion as to you know, future
elimination of this and that you permit us on second reading to bring a
modified covenant that would satisfy your concern that you expressed here
today.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Vice Mayor.
Vice Mayor Dawkins: I got a problem with the whole covenant. As I said, (C)
"Limitations." Then you come to (E) "Amendments and Modifications. Then you
come to (F) and they go right back and say, "Terms of Covenant." This
voluntary covenant on the part of the owner shall remain in full force and
effect, and shall be binding upon the owners of their property for 30 years,"
so that at the end of 30 years, they are just saying we are giving you
something and we are going to take it back. This is...
Mr. Cardenas: Basically, we have followed in paragraphs (D), (E) and (F) Vice
Mayor, we followed the guidelines provided by your staff, by the City
Attorney's office and staff. We will on second reading, come up with any
other guidelines that you wish to instruct them to have, but I can tell you
that... and maybe it is a good time to discuss it with them, but what we set
forth on paragraphs (D), (E) and (F) is what we call "cookie cutter language,"
which we've agreed on all this time with staff. if you wish for them to
modify it, I will prescribe by whatever they deem reasonable.
Mayor Suarez: It sounds like you are cutting the wrong cookie, from the Vice
Mayor's standpoint.
Mr. Cardenas: I understand, but we'll be happy to work with them on whatever
language you deem appropriate.
Vice Mayor Dawkins: One thing I like about it, you and I have been here, and
you've seen me vote against staff recommendations many times. So this would
be nothing different.
Mr. Cardenas: I understand.
Mayor Suarez: Anything further from the...
Commissioner Plummer: How long has the present corporation owned this
property?
Mr. Cardenas: Since 1982.
Commissioner Plummer: All parcels?
Mr. Cardenas: Yes. Not Johnny come lately, you know.
Commissioner Plummer: Compared to how long I've been here it is.
Mr. Cardenas: ices.
77 March 22, 1990
Mayor Suarez: OK, no objectors. Tf you are organized in a group, so much the
better so that we hear from one or two and then you can be more lengthy. How
many will speak? Sir, would you come up and tell us, and Ma'am, you too?
Sounds like they are designating you as a representative as to the group back_
there. Ma'am, you are going to speak too?
Ms. Rosa Soto: I'm going to speak, yes.
Mayor Suarez: OK. And sir you are going to speak for how many of the group?
The rest of the group?
Mr. Yes, I'm spokesman.
Mayor Suarez: OK. I think we are OK on time, Madam City Clerk, and if you'll
keep it to a reasonable amount. Give us your name and address first.
Ms. Soto: My name is Rosa Soto, and I live at 570 NW 48th Place. We were
from the opposite corner of the tract of land where the zoning wants to be and
you know, they want to change the zoning to a business zone. We, and I'm
speaking also for all our neighbors, are opposed to changing the zoning from a
residential zoning. This is a very stable residential neighborhood. My
husband and I have lived in our property over 28 years, and most of my
neighbors have been there as many years or more than we have. We have a very
stable neighborhood, and we would like to keep it as a residential
neighborhood. However, without our knowledge, or not knowing all of the legal
ramifications, it seems like the Master Plan has already been changed, and we
have no choice in this matter because they already gave permission for the
tract of land on the west of the particular one we are discussing today, that
has already been changed. There is a parking lot there with a wall. We were
not aware that. that was going to be changed or that has been changed.
Mayor Suarez: Let me... let's find out as long as you are making that point.
What is there... Commissioner Alonso is indicating there is a building there
already on that west tract that she is talking about?
Commissioner Alonso: Yes.
Mayor Suarez: And is that in accordance with existing zoning, or a recent
change or what?
Mr. Olmedillo: It is, that was back a few years ago, Mr. Mayor.
Mayor Suarez: OK, and what is the zoning of that? I'm sorry, has that CR?
Mr. Olmedillo: CR, the same type of zoning that these people are seeking,
that the applicant is seeking, CR-2.
Commissioner Alonso: Excuse me that I interrupt you. Just for clarification,
where do they live, exactly? Can you show to us where these families please?
Behind the building, or what?
Commissioner Plummer: No, she's on 48th Court, she says.
Ms. Soto: I'm. right in the corner opposite, on the opposite corner of where
the lot is.
Commissioner Alonso: So you are behind the small shopping center?
Ms. Soto: To 5th Street. The shopping center is on 6th Street. We're on 5th
Street, one block down, right there. OK, that's...
Commissioner Alonso: Right there, so behind you there is another property, a
duplex, a...
Ms. Soto: Right.
Commissioner Alonso: Behind you.
Ms. Soto: Behind me they are duplex. That's what, you know, the
classification of that neighborhood has been duplex, but right on the
opposite, on 49th and 5th, then that's the one that they want to change to the
business zone. OK.
78 March 22, 1990
o
IR-O
—
— Ask
-
Commissioner Alonso: Um hm.
_
Commissioner Plummer: That's can't be right. If that house that you... what
is that, a fourteen...?
Commissioner Alonso: Where do they exit? From this, right there'
_
Commissioner Plummer: I think if she is...
=
Commissioner Alonso: And what about the one behind?
-
Commissioner Plummer: It can't be if she is on 48th Court. That's on 49th
-
Avenue.
-
Ms. Soto: May I show you over there? —
=
Mayor Suarez: Yes, it sounds like we are not getting too far with the rest of
=
the discussion. If you can go over there, show whatever you like. _
-
Commissioner Plummer: It's on the other side. It can't be that house, not if
she on 48th Court.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. -
Commissioner Plummer: Ah ha, OK, that's correct.
=
Mayor Suarez: OK, it is like a duster of houses that's on the southeast side -
of this project.
-
Commissioner Plummer: Well, it's the southeast corner. She's not directly
across the street from the property. _—
Mayor Suarez: She's not directly across the street.
Commissioner Plummer: No. �-
=;
-
-
Mayor Suarez: OK, you are kind of like at the kitty corner, right.
Commissioner Plummer: She is three lots away from being contiguous.
Mayor Suarez: All right now, we need you back on the mike. We've got an idea-
where you are. If you want to grab a mike from over here that you could take
-
with you, you could go back to the overhead projector and point there, ilf
you'd like, Ma'am. You can grab this mike here, this microphone there if you _=
want, and you can go back up to the overhead projector and it shows up there
=�
the same way.
i
Ms. Soto: OK, let's see where am I? OK, this is our neighborhood here. This �—
_�
is the tract of land where we object being changed.
Mayoi Suarez: Yes, we know that.
=
Ms. Soto: OK, but like I said before, it seems like the Master Plan has
already taken that privilege away from us and you have already changed that
-=
zoning, the lot west to commercial and they have a parking lot for the
building that faces 7th Street and what I understand is that they want to do
the same thing with that tract of...
Mayor Suarez: Yes, we don't think...
Commissioner Alonso: Ma'am, this was done long time ago. That building has
-_�
been there for what, two years or more?
Ms. Soto: But I am not concerned about the building. The building faces 7th _
Street. What I am concerned is that lot on 49th and 5th, that is where the
residential neighbors are. Like, I have no control...
Commissioner Plummer: Butthat's been parking. That's been parking ever
since the building was there, was part of the configuration of the building
code that required it.
79 March 22, 1990
Ms. Soto: Right, which we were not notified that it was going to be changed,
so what I am saying is, we have no choice. This decision without. our
knowledge was made for us, so what i am trying to say is that you have already
made that decision. We weren't privileged to that information when this came
about, so what I am saying now is, OK, I'm saying we can't do anything, you
are going to change the zoning on this lot, let's we do the best for the
neighbors. And what I am saying is, if we can get the builder, the developer
of this land to guarantee to us that what he is going to put there is an
office building facing 7th Street, that he is going to put parking in the back
there, that he is not going to build an apartment house, or that he is not
going to build a multi -floor office building on that corner...
Commissioner Plummer: Ma'am, that was exactly what I was trying to get him to
do.
Commissioner Alonso: Yes.
Ms. Soto: Right, and that's what I would appreciate. You know that...
Commissioner Alonso: Yes, that's exactly what's going to take place and I'm
sure we are going to take steps as to leave a buffer area to the back of the
property so it will protect the neighbors as well.
Ms. Soto: And that you are going to close that alleyway so we won't get the
traffic from whatever office building you leave there. What I am saying is,
you've already made the decision for us without our knowledge a couple of
years ago. Look, we're out of luck. You are going to change the zoning.
Let's do the best for the neighborhood and keep it, buffer it, so we would,
you know, have zoning, then...
Mayor Suarez: OK, are you satisfied with the plan, the buffering plan that
they have? Have you looked at it?
Ms. Soto: Yes, but the thing is that they say... they don't say it is going
to be an office building. All they say is no multi -housing and apartments.
Mayor Suarez: I think we are moving towards a restriction on the commercial
aspects of it too.
Ms. Soto: Fine, that's great, and if you close the alleyway so that we won't
have the traffic_.
Mayor Suarez: And yes, they support that too. Now, we can't do that today,
but...
Ms. Soto: Then, if that is the case then we have no problem and you know...
Mayer Suarez: OK, you are concerned about the buffer, you are concerned about
closing the alleyway, and you are concerned about them not building some huge
commercial complex there.
Ms. Soto: Right.
Mayor Suarez: And 'now were we heading on that, Commissioner Plummer? You had
some idea?
Commissioner Plummer: I'm sorry?
Mayor Suarez: You were trying to say that at some point you wanted to proffer
of a covenant on not building a huge commercial project there too?
Commissioner Plummer: Well, my motion would be predicated that no
commercial... no structure be placed between 5th and 6th Street, that that
only be used for parking.
Mayor Suarez: OK, all right, so far it looks like we've taken care of your
three concerns. How about the other gentlemen representing the rest of the
group, sir?
Mr. Cardenas: I would suppose, Commissioner...
Mayor Suarez: Are you representing the rest of the group now, or...
80
March 22, 1990
Commissioner Plummer: He'd like to!
Mr.. Santiago Acosta: Good evening, Mayor and Commissioners. My name is
Santiago Acosta, and I live at 561 NW 48th Place, just east of that area in
question. I'm notas informed as the lady here, regarding the previous master
plan or whatever. I've only lived there for about six years or so, and during
that time the commercial traffic in the area had been .limited, and it's been
very quiet and very pleasant and I'd like to keep it that way. I would like to
see no development there at all, if that could be possible. OK, contrary to
what the gentleman said earlier, some of the concerns of the property owners
in the area, not all of them have been met, and I think I speak for a lot of
the other owners and neighbors that have been working on their houses, home
improvements and things of that nature for many years. And they are going to
see the value of their property depreciated, and they are going to see an
increase in traffic, and possibly an increase in crime in the neighborhood
because of all these commercial development going on in the area. But if in
anticipation that we are not going to win this, I would like to request that
the so-called declaration of restrictive covenant be amended in a couple of
places to satisfy more for the concerns of the property owners in the area.
Mayor Suarez: OK, such as...?
Mr. Acosta: Myself and...
Mayor Suarez: No, I me an the concerns, not...
Mr. Acosta: Well, the concerns are for example, that the buffer, the ten foot
buffer that they want to put in place there to shield the property owners from
the building, that, that is going to be subject to a lot of graffiti on the
walls, because I know that's what happened in that area a lot of times.
Mayor Suarez: What do you suggest to avoid that?
Mr. Acosta: I would suggest either for the company to put a security guard
there, or to have money allocated in the maintenance agreement to have that
graffiti removed periodically because that's just going to look terrible.
Commissioner Plummer: Well that's here, $10,000 is here. If they don't do
it, the City can charge them up to $10,000, and we do the maintenance.
Mr. Acosta: OK, if I understood then that... OK.
Commissioner Plummer: Ic's in this one that is not yet complete.
Mayor Suarez: To be used for those kinds of things? - including removal...
Commissioner Plummer: In other words, if they don't do the maintenance, we
can charge them up to $10,000 to do the maintenance for them.
Mayor Suarez: Including removal of graffiti?
Commissioner Plummer: It doesn't say, it just says maintenance done.
Ms. Maer: It's included in the covenant, I'm sure.
Mayor Suarez: You can include that? OK, why don't we... counselor, I'm sure
will proffer that, right? Anything else?
Mr. Acosta: OK, and furthermore and this is very important for myself and a
lot of other people here, that traffic along that alleyway be limited.
Really...
Mayor Suarez: Is that the one we are trying to close? We'd like to close
that.
Mr. Acosta: Close it, yes, but I mean, really close it, not just leave it
accessible to some people or...
Mayor Suarez: No, no, I think the idea would be to close it all together, you
are not proposing to keep any kind of an easement there, or anything like
-' that. It would be closed period, I mean, like nothing can go through.
.j
81 March 22, 1990
t
Commissioner Plummer: You bet they are going to close it. They can't build
what they want without it being closed.
Mayor Suarez: Right.
Commissioner Plummer: Ha, hay, come on, mas-o-menos! The hell you say.
Mr. Acosta: Is that right, because I understand, that perhaps the Southern
Telephone Company or Florida Power...
Mayor Suarez: We always have to retain whatever easements are there for power
lines and so on, but that doesn't mean that any vehicles can go through.
That's for underground type activities and such. It reeds no...
Commissioner Alonso: And even if they enclose that, the utility companies
can come from their properties into the back of the property to do any repairs
that they see necessary without going through the back of, the property, so it
is no problem.
Mayor Suarez: We can make it effectively close to any traffic, except, you
know, some vehicle that may have to go in there some way to fix something
having to do with the utilities.
Mr. Acosta: That would be very nice and...
Mayor Suarez: Although we are not doing that today. You have to be alert to
that when we get that point and I'm not sure what the procedure will be for
that, but they seem to be in agreement with that and the City staff seems to
be ready to recommend that too, the closing of that alley?
Mr. Olmedillo: Well, we've got to go through the process of plat and street
and come back here.
Mr. Rodriguez: But they might be interested in the covenant also, that they
will pursue that process expeditiously.
Mayor Suarez: Can that be built into a covenant?
Commissioner Plummer: Build into anything you want in a covenant-.
Mr. Rodriguez: Whatever they want because it is voluntary.
Mayor Suarez: Proffer that into the covenant.
Commissioner Plummer: They haven't addressed the big issue yet.
Commissioner Alonso: Which is...?
Mayor Suarez: OK, anything further, sir?
Mr. Acosta: What's the big issue?
Commissioner Plummer: Al knows. You are going to find out.
Mr. Acosta: All right. Well, in that case, I'll be sitting right here.
Mayor Suarez: OK. All right, counselor.
Mr. Cardenas: Commissioner, just wanted to make one observation, and that is
that I'm sure what you meant by the limitation on parking, that it be the same
imposed on the adjoining landowner. And what that meant that the parking, the
property immediately south of the so-called alley is they where they have
their parking, and that's where I would suppose you want it imposed the same
restriction on us and...
Commissioner Plummer: Whatever the parking requirements...
Mr. Cardenas: In other words, you wanted to limit that portion between the
alley and 5th Street to parking exclusively, remember? - and...
Mr. Olmedillo: No building. No building in that area, .just a...
82 March 22, 1990
Commissioner Plummer: But. not...
Mr. Cardenas: And I just wanted to make sure we understand, because the alley
is not a street, and so the nomenclature should be between the alley and the
southern boundary of the property.
Mayor Suarez: Anything further, Commissioners?
Commissioner Plummer: Oh, yes, I'm listening!
Mayor Suarez: Commissioner Plummer. He's listening!
Commissioner Plummer: I'm listening.
Mayor Suarez: Hoping for some sort of something.
Mr. Cardenas: We also of course, wanted to be very community minded here
and...
Mayor Suarez: And generous.
Mr. Cardenas: That's right and I wanted to...
Commissioner Plummer: Yes, and let's remember that community involvement
involves 25,000 square feet of rezoning.
Mr. Cardenas: In keeping of course, with the mandate of the neighborhood
plan, but that goes without saying that it makes a lot of sense. What we'd
like to do is, we'd like to come back to second reading since the client's not
here, with a f igure that we have a very good ideas will be acceptable to this
Commission. And the only reason I'm saying that is because I obviously need
client approval, but I get the message low and clear, and I commit that the
covenant that will be proffered between first and second reading will include
all of the items discussed here this evening, as well as a contribution to a
City designated cause in an amount that will be acceptable to members of this
Commission.
Commissioner Alonso: Yes, and I like to add to the record that the Martin
Luther King Parade still needs money so it is an organization where we should
think of when we appoint that money.
Mayor Suarez: Yes, if we set up this fund that we've been...
Commissioner Plummer: Can the City split the legal fees?
Mr. Cardenas: Well, we would be honored to.
Mayor Suarez: OK!
Mr. Cardenas: That's tough. And we'd be honored to abide by that suggestion.
I think the Martin Luther King...
Commissioner Plummer: Would you like to become a Democrat?
Mr. Cardenas: That's tough, that's tough.
Commissioner Alonso: When it's a problem, that's going too far!
Commissioner Plummer: (LAUGHTER)
Commissioner Alonso: I object to that.
Mr. Cardenas: Too controversial.
Mayor Suarez: Mr. Acosta... where did he go? What has taken place is that
very generously...
Commissioner Plummer: Oh, I'm not finished, please, before you...
Mayor Suarez: ... what so far very generously counsel has indicated on behalf
of his client that he is going to make a contribution...
83 March 22, 1990
1111�- IN
Commissioner Plummer: What?
Mayor Suarez: ... to the City's home fund that we need...
Commissioner Plummer: But you guys sit over there and sleep, I've got to!
Mayor Suarez: And it doesn't really directly affect your neighborhood, but it =_
indirectly affects It in the sense that we need monies for all kinds of good =
= worthy causes, and they are going to make a contribution. They haven't stated = _
the amount because they are going to consult their client, presumably states
_ it on the second reading, so you might want to be present for that to make
sure. You ought to be present anyhow to make sure all these things are abided
by and the same for you, Ma'am, the first lady who spoke, but in this
particular case you are talking about making a monetary contribution to some
City need, or City fund, or nonprofit event, whatever it may be.
Commissioner Plummer: And you rest assured Mr. Cardenas will not be...
Mayor Suarez: Right. La Cano All right, anything?
Commissioner Plummer: Mr. Mayor, yes, I think that one point is not covered,
Al, and you'd better cover this if you are looking for my vote in the second
reading, in the covenant. Number one, ingress and egress only on 7th Street,
as it is next door. The second we've talked about and that is from nth Street
to 6th Str�Lmst, or as I term it, 5th Street to 6th Street is for parking only
and properly landscaped.
Mr. Cardenas: You mean from the alley to...
Commissioner Plummer: All right, yes, Tract B. OK, and the third item that I
have a problem with Al, is the term of 30 years. I would want that modified
that it would be a term as long as the building is on the property. And of
course, your generous offer will be happily discussed.
Mr. Cardenas: They will be all be here, and we'll circulate it amongst all, of
you of course, beforehand.
Mayor Suarez: OK, anything further, Commissioners?
Commissioner Plummer: Mr. Mayor, based on all of that protection which I feel
is now been afforded to the neighborhood, and that the covenants in the second
reading will be proper before us, I move the item as presented.
Commissioner Alonso: Second.
Commissioner Plummer: With those modifications.
Mayor Suarez: So moved and seconded
the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
Any discussion? If not, please read
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAM1, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM RG-3/6 FOR THE SOUTH 161.3' OF
TRACT A (APPROXIMATELY 596 NORTHWEST 49 AVENUE) AND
RG-1/3 FOR TRACT B (A/K/A 4901 NORTHWEST 5 STREET) TC
CR-2/7 RESIDENTIAL COMMERCIAL (COMMUNITY), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 596 NORTHWEST 49
AVENUE AND APPROXIMATELY 4901 NORTHWEST 5TH STREET,
ALSO DESCRIBED AS SOUTH 161.3 ' OF TRACT A AND ALL OF
TRACT B, ZULETA, AS RECORDED IN PLAT BOOK 103, AT PAGE
32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 31 OF
SAID ZONING ATLAS; CONTAINING 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:
84 March 22, 1990
LA
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez,
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: If the covenant is not with the agenda packet when I
receive it in the packet, and the covenant is given to me on the day of the
meeting, I will call the roll. I vote yes.
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: Do we have anything further, Commissioners?
Commissioner Plummer: Oh, very definitely you'll have a covenant five days
prior to the hearing.
INAUDIBLE BACKGROU14D COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Five days prior to the hearing.
22. (A)EMERGENCY ORDINANCE: AMEND CODE ARTICLE 10 ("CODE ENFORCEMENT
BOARD") - PROVIDE FOR APPOINTMENT OF TWO ALTERNATE MEMBERS TO BOARD
OF SEVEN - PROVIDE FOR REMOVAL OF BOARD MEMBERS AFTER DESIGNATED
NUMBER OF ABSENCES FROM BOARD MEETINGS.
(B)APPOINT SANTIAGO ECHEMENDIA AS MEMBER OF CODE ENFORCEMENT BOARD.
Commissioner De Yurre: Mr. Mayor, there is something I would like, if I may
bring this up here. This item is over, I think, right?
Mayor Suarez: Yes.
Commissioner De Yurre: OK, we had...
Commissioner Plummer: No, it's not over, it's just...
Commissioner De Yurre: Well, for the time being, we've had a... in fact, this
has to do with the Code Enforcement Board. It was my understanding at the
last meeting they didn't have a quorum in order to perform their functions,
and I think it is due time that we deal with this issue. And I feel that the
way the go, and I'll bring this up for a quick discussion here, if we can do
that is to have two additional alternates, two alternates named to that board
that will allow it function accordingly.
Mayor Suarez: We ought to get a report as to those that are not attending
more who are regular members and what.
Commissioner De Yurre: Well, I'm sure we can get that, but I think that for
my understanding in talking to members at different times of that board and
the attorney, Armando Buscell and so on and so forth, that they recommended
the way to go is to add two alternates to that board.
Commissioner Plummer: How many alternates are there presently?
Commissioner De Yurre: None. There are seven members at this point in time.
Commissioner Plummer: And what does a quorum consist of?
Mr. Fernandez: Majority.
85 March 22, 1990
Z
Commi.ssionFr Plummer: Ts there a provision in that bylaws of that board that
if they miss three times in a row, they are automatically off?
Mayor Suarez: What do the statutes say?
Ms. Gloria Fox: The State Statutes allow them to miss five times, allows them
to miss no more than two of three consecutive meetings of unexcused absences.
Commissioner Plummer: What's an excused absence?
Ms. Fox: Excuse is personal illness, or out of town on personal or official
business.
Mayor Suarez: Can we make the restrictions or the norms tighter than those?
Mr. City Attorney, can we make the restrictions on membership more strict than
those of State law?
Mr.. Fernandez: Yes, I think you could.
Mayor Suarez: You might want to consider that, Commissioners, if not today,
at some later time.
Commissioner Plummer: Well, you know, as far as I am concerned, I have no
problem with making two alternates, none whatsoever. But I think that anybody
that misses for whatever reasons, three meetings, should be off. To me, it is
showing a sign that they are not interested.
Mayor Suarez: Yes, it could be that they are ill, but still not able to
serve, and that doesn't solve the problem for us, the fact that the State law
permits that doesn't prevent us from being stricter as to people being able to
serve, I mean you've got a lot of people interested in serving on that board.
Mr. Fernandez: But before you actually go ahead and appoint two alternates...
Commissioner Plummer: We can't until you change the ordinance.
Mr. Fernandez: Exactly. You have to first, and we have also prepared at
Commissioner De Yurre's request, as well as at the request of the Code
Enforcement Board, an ordinance that would amend the Code Enforcement
ordinance in that particular case. If you pass it today as an emergency
ordinance because the board has been unable to meet in the past two months,
and that would suffice for a reason for an emergency, then you could in fact
go ahead and pass...
Commissioner Plummer: Wait a minute, excuse me. Did you say they have not
met with a quorum for the last two months?
Mr. Fernandez: They have not been able - Yes, I believe that that is a
correct statement.
Ms. Fox: The last meeting they did not have a quorum on, but others, they
missed a meeting at the end of December, so twice they have not been able to
meet for a quorum.
Mr. Fernandez: Twice in the last...
Commissioner Plummer: I thought that they volunteered to meet weekly. Well,
weekly is not two months.
Ms. Fox: They meet twice a month, but what Mr. Fernandez is saying is that
twice they've run into the problem where they didn't... weren't able to meet a
quorum, and once a week ago.
Commissioner Plummer: Excuse me, what he is saying for the last two months,
they have not had a quorum. That's different than what you...
Mr. Fernandez: I'm sorry, let me rephrase myself. Perhaps I mis-spoke. In
the last two and half months, they have been unable to meet twice because they
haven't had quorums.
Commissioner Plummer: Big difference. OK.
W.
March 22, 1990
Mr. Fernandez: So that means that out of a potential four meetings, they
haven't been able to have two.
Commissioner Plummer: Well, as far as I am concerned, you might to add two
alternates, or three alternates that can serve to make sure there is a quorum?
I think that's a good idea, but I also like the idea of if they miss three
meetings in a row, they are out.
Mr. Rodriguez: May I suggest that if you are going to add two alternates, you
add three, that way there will. be ten members, and that way you'll all have
two members...
Commissioner Plummer: Why not eleven, why not twelve? What difference...
Mr. Rodriguez: No, what I am saying is you all will have two appointments
each and make it easier.
Commissioner De Yurre: Well., we'll just draw the "X".
Mr. Rodriguez: Huh? Beg your pardon? Well, that's up to you I'm just
suggesting...
Commissioner Alonso: So we decide first the ordinance and then we appoint the
people.
Commissioner Plummer: Not the "X"!
Mr. Fernandez: You should really only consider two.
Commissioner De Yurre: Well, we'll go with two, I think it will go a long way
and I've got no problem.
Mr. Rodriguez: OK, it will make sense.
Commissioner De Yurre: I'll make that motion that we amend the ordinance by
adding two alternates to the Code Enforcement Board.
Commissioner Alonso-, I second.
Mayor Suarez: So moved and seconded. Any discussion?
Commissioner Plummer: But what about the idea of missing three meetings?
Mayor Suarez: Oh, yes, I think we ought to build something into...
Commissioner De Yurre: Then I'll build that into the motion also, if you miss
three meetings in a row...
Commissioner Plummer: Bye, bye!
Commissioner Alonso: Right.
Mayor Suarez: For whatever reason?
Commissioner Plummer: For whatever reason. I mean, you're talking about a
period of six weeks.
Mayor Suarez: For whatever reason.
Ms. Fox: You've got in your Zoning Board and your Planning Advisory Board,
you allow five in a year.
Mayor Suarez: Well, but everybody seems to come to those. Do they get paid
when they don't come?
Mr. Rodriguez: Code Enforcement Board doesn't get paid.
Commissioner Plummer: Yes, they don't get paid, 'Zoning Board does, and yes,
they do get paid.
Mayor Suarez: Do they get paid when they don't come?
87 March 22, 1990
e -
Commissioner. Plummer: Yes.
Mayor Suarez: Well, they all seem to come. Maybe they think they don't get
paid if they don't come, or something. Anvhow that's not a problem with them, but it's apparently a problem with the Code Enforcement Board, so let's solve
as to them, and I think that proposal of Commissioner Plummer is very _—
sensible, you know, that three for whatever reason means you can't serve. So
moved.
Mr. Fernandez: The way it reads right now is this way. "If a member fails to
attend two of three successive meetings without cause or without prior
approval of the chairperson," and then this is new language they are putting
in, but apparently you're not satisfied with it, "The members shall
automatically forfeit his appointment." You want it stronger than that. You
want to say that whether with or without cause, he would automatically forfeit
his appointment, is that correct?
Commissioner Plummer: Three meetings in a row, or five in a year.
Mayor Suarez.: He said three in a row, so add that as another reason why there
would be an automatic...
Mr. Fernandez: Automatic, that's with or without causes. It doesn't matter
that the person...
Mayor Suarez: For three in a row, yes.
Commissioner Plummer: Jorge, we are looking at the fact...
Mayor Suarez: Right, you can't serve!
Commissioner Plummer: ... that the Fire Department has uncovered over 4,000
violations, OK? - of which the last report that I saw about 600 of them were
corrected. There's a lot of matters to be handled before Code Enforcement.
We've got to have them meet, that's why I...
Commissioner Alonso: That's fine.
Commissioner Plummer: That's why I suggested a second board, but when they
volunteered to have weekly meetings, I said OK, fine, let's do it that way.
Mr. Fernandez: Mr. Mayor, point of order, Commissioner De Yurre has made a
motion. Do I understand that to be a motion in reference to the ordinance
that we are talking, amending...?
Commissioner De Yurre
Mr. Fernandez: Yes.
Amending the ordinance.
Commissioner De Yurre: ... adding two alternates to the board and also including
this language that if you miss three meetings in a row for whatever reason,
you ought to...
Commissioner Plun•.mer: Or five in a year.
Commissioner De Yurre: Or five a year, which is already in there, isn't that
in there already?
Commissioner Alonso: No.
Mr. Fernandez: No, that is not.
Commissioner Plummer: The chairman can excuse him.
Commissioner De Yurre: Five a year or three in row...
Mr. Fernandez: Correct.
Commissioner De Yurre: ... you are automatically off the board.
Commissioner Plummer: Let roe just put it to you on the record. I've been on
this Commission for just short of 20 years and I've missed two meetings.
88 March 22, 1990
Commissioner Alonso: Good for you.
Commissioner De Yurre: Once you had a. broken leg.
Commissioner Plummer: One time in fact, I was in the hospital, yes.
Commissioner De Yurre: Well, you were at home listening to it on the radio.
Commissioner Alonso: More pwer to you...
Commissioner Plummer: One time I was in with a kidney problem and the other I
had my leg broken in three different places.
Mayor Suarez: OK, with all of those historical references, we have a motion.
Do we have a second?
Ms. Hirai: Yes, sir.
Commissioner Plummer: There were those that thought I should be here.
Mayor Suarez: OK, call the roll.
(AT THIS POINT, THE CITY CLERK STARTED ROLL CALL)
Mr. Fernandez: Excuse me, if this is for an ordinance, wouldn't you like me
to read the ordinance?
Mayor Suarez: You want to vote on it now?
Commissioner Alonso: Yes.
Mr. Fernandez: I don't know. That's what I need clarification on.
Commissioner Alonso: Yes.
Commissioner De Yurre: Well, yes, we're voting on it, so read it if you have
to.
Mr. Fernandez: Yes, and then is it your intention to pass it as an emergency
ordinance?
Commissioner De Yurre: Yes. Yes, it is.
Commissioner Alonso: Yes.
Mayor Suarez: Why not try to get this board on the road.
Mr. Fernandez: Right, so it reads like this:
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Commissioner De Yurre: Can you repeat that again?
Mayor Suarez: Call the roll.
89 March 22, 1990
11
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 2, ARTICLE X,
ENTITLED "CODE ENFORCEMENT BOARD; OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING THAT
THE CITY CODE ENFORCEMENT BOARD EXERCISE ENFORCEMENT
JURISDICTION OVER THE FIRE CODE AND ALSO TAKE
COGNIZANCE OF THE PROVISIONS OF ALL, TECHNICAL CODES
AND STANDARDS WHICH HAVE BEEN EXPRESSLY INCORPORATED,
APPROVED CR ADOPTED BY REFERENCE IN ANY EXISTING CITY
TECHNICAL CODE; FURTHER PROVIDING THAT THE BOARD
'EXERCISE ITS JURISDICTION OVER ALL PAST AND FUTURE
DULY ADOPTED AMENDMENTS TO SAID CITY TECHNICAL CODES
AND TAKE COGNIZANCE OF ANY PAST AND FUTURE DULY
AMENDED PROVISIONS OF SUCH INCORPORATED, APPROVED OR
ADOPTED TECHNICAL CODES AND STANDARDS; PROVIDING FOR
THE APPOINTMENT OF TWO ALTERNATE MEMBERS TO THE BOARD
OF SEVEN MEMBERS; PROVIDING FOR AN AUTOMATIC
FORFEITURE OF MEMBERSHIP TO A BOARD MEMBER HAVING
THREE (3) CONSECUTIVE ABSENCES OF MORE THAN FIVE (5)
ABSENCES PER CALENDAR YEAR; PROVIDING FOR ENFORCEMENT
PROCEDURES AND FINES FOR REPEAT VIOLATORS; PROVIDING
FOR EXTENSIONS OF COMPLIANCE DATES; PROVIDING FOR
RECORDING ORDERS OF THE BOARD IN THE PUBLIC RECORDS OF
THE COUNTY; PROVIDING FOR ADMINISTRATION OF FINES AND
LIENS, AND ACCRUAL OF CONTINUING VIOLATION PENALTIES;
MORE PARTICULARLY BY AMENDING SECTIONS; 2-391; 2-392,
(b), (c) AND (d); 2-394 (a), (c) AND (d); 2-395(a)
(b), (c), (d), (e), (f), (g) AND (h); AND 2-397 (a),
(b), (c), (d), (e), (f) AND (g); FURTHER CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
HOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner De Yurre and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE 140. 10720,
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: Anything further?
Mr. Fernandez: Yes, now you may pass your resolution making your two
appointments, if you desire to have those two alternates in place, it would be
appropriate for you to do that now.
90 March 22, 1990
Commissioner Plummer: Get out the coffee can.
Mr. Fernandez: A point of order, Mr. Mayor, there has been a resignation from
the board, actually which needs to be filled and, it was Dr. Alonso's
appointment. Julio Gonzalez Rebull has tendered his resignation - Jr., and it
would be most appropriate at this time and we are ready to proceed if Dr.
Alonso were to make appointment replacing Gonzales Rebull, Jr.
Commissioner Alonso: Yes, Santiago Echemendia.
Mayor Suarez: Santiago Echemendia has been nominated.
Commissioner De Yurre: Do they have to live in the City or not?
Mr. Fernandez: Yes, they do.
Commissioner Alonso: Yes.
Mayor Suarez: OK, if we don't have any other nominations, or if people have
not had time to think about it, we'll reserve the two appointments until next
Commission meeting.
Commissioner Plummer: Well, Mr. Mayor...
Commissioner Alonso: May I make one?
Commissioner Plummer: Can we... what is the process? Are we going to do the
coffee can or not?
Vice Mayor Dawkins: I nominate Ivonne Raglin.
Mayor Suarez: Well, how do you want to do it? Do you want to do it by...
Commissioner Plummer: I think that what we ought to do is go to the coffee
can, and whoever gets the two "X's" they'll make their appointment at the next
meeting.
Commissioner De Yurre: Well, he wants to... I got no problems, you know, who
nominates them, you know...
Mayor Suarez: I'll waive my nomination if he's got a couple of good ones now
and Yvonne sounds good.
Commissioner Plummer: No, but I'll come up with one at the next meeting, if
it is looked to me to be such.
Mayor Suarez: Let's go for Evonne as one and then...
Commissioner De Yurre: Well, why don't- we do the following, can we do it
right now? - and if it doesn't happen to be you, then the others can just
appoint them right now.
Mayor Suarez: I waive mina if you waive yours, Commissioner, then we are down
to a total of three. You get one permanent, the other two can suggest two
others, why not.
Commissioner Plummer: That's fine. That's at the next meeting.
Mayor Suarez: All right, that sound good?
Commissioner Alonso:
I'd like to nominate
the
person
as an alternative. I
think I am the one who
has least members on
the
board,
and I think it is fair
that T_ do it, but I'm
not going to make a
big
issue.
I'd like to nominate
Kevin Marshall, but if
it turns out to be a
big
issue,
I let it be.
Commissioner De Yurre: Well, I got no problem with it, so...
Mr. Fernandez: Mr. Mayor, point of order.
Mayor Suarez: Yes.
91 March 22, 1990
Mr.. Fernandez: It would be appropriate for you to first pass on Commissioner
AlonsoIsmoving Santiago Echemendin to fill her regular position to this
board.
Commissioner Plummer: Second the motion.
Mr. Fernandez: And then perhaps in a separate resolution you could consider
the alternates.
Mayor Suarez: The only think I wonder about is how, and that makes sense to
_ me, but how did we allocate the seven in the first place?
Mr. Fernandez: Custom and tradition amongst the five of you. Otherwise, the
ordinance does not provide it. —
Mayor Suarez: No, but how do we divide seven into five? I'm not sure how we
ever did that.
Mr. Fernandez: I wasn't here.
Commissioner Alonso: All different ways.
Mayor Suarez: Anyhow look, I'm willing to do it any way you want. The idea
is to get the board moving. If you have... we have three nominations, one for
regular, two for alternates... do you want. to take more time to think about
it, or do you want to just go ahead and...?
Commissioner Plummer: I'd like to, yes.
Mayor Suarez: All right, let's take a vote on the regular, and in difference
to tradition as to that, it would be Santiago Echemendia is nominated. Do we
have a second on that?
Commissioner Plummer: I did, yes.
Vice Mayor Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Alonso, who moved its
adoption:
RESOLUTION NO. 90-240
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
AS A MEMBER OF THE CODE ENFORCEMENT 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And we'll reserve on the alternates, we have two nominations
and possibly we'll be able to vote on both.
Vice Mayor Dawkins: J. L. will get the coffee can, we'll have no problem with
i t. .
Mayor Suarez: Right. Anything further? Commissioner, Administration
anybody?
92 March 22, 1990
a
A
[NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS
CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER A
REGULAR NON -AGENDA ITEM.]
23. SEND BACK TO PLANNING DIRECTOR REQUEST FOR SPECIAL CLASS C PERMIT FOR
CONSTRUCTION OF 19-STORY (251 UNITS) CONDOMINIUM PROJECT ("THE OASIS ON
BRICKELL") PROPOSED FOR 2121 BRICKELL AVENUE - INSTRUCT PLANNING
DIRECTOR TO RESCIND PERMIT.
Mr. Guillermo Olmedillo PZ-8.
Commissioner Alonso: Yes, I do.
Mayor Suarez: PZ-8? •I thought .it was withdrawn.
Comnissioner Alonso: Please, if I may, I'd like to bring one item at this
t is ae .
Commissioner Plummer: Was PZ-8 withdrawn?
Mr. Fernandez: No, .it isn't.
Mayor Suarez: Let me just clarify.
Vice Mayor Dawkins: PZ•8 was withdrawn?
Mr. Fernandez.: We need something in the record on PZ-8.
Mayor Suarez: I have W-D written here on my agenda.
Commissioner Alonso: Yes, it was.
Commissioner Plummer: That's WD-40.
Mr. Olmedillo: We have the attorneys representing the opposite side here and
what it is is an appeal to the Zoning Board to uphold the decision of the
Planning Director to issue a Class C to a certain building located at 2127
Brickell Avenue and both the property owner and the appellant are here today
to speak to you.
Mr. Rodriguez: They have to put it on the record, basically.
Mayor Suarez: Oh yes, but then it is not withdrawn, really, technically, it
is going to be...
Mr. Tony O'Donnell: For the record, Mr. Mayor, Tony O'Donnell, with law
offices at 801 Brickell Avenue. I'm representing present owners of the
property and I represented the prior owners of the property, to obtain the
Class C permit and then sustained that permit before the Zoning Board. When
this appeal was filed and continued to this Commission, the previous owners
Entered into a contract with new developers who had no interest who...
Mayor Suarez: OK, we are obviously going into fairly lengthy...
Mr. O'Donnell: No, I'm just going to explain to you so we are now...
Mayor Suarez: Listen to me for a second[ We are going into fairly lengthy
statement by you, I thought it was going to be a mere procedural mention, but
the City Attorney... now, you are interrupting too, right, has indicated to me
we ought to get both of you sworn in, even as to this procedural point, so
could you please be sworn in.
93 March 22, 1990
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER OR.DINANCF, NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: And that applies to what you have been stating?
Mr. O'Donnell: It apples to what I just said, but what we requested is that
because the issue is moot, we would ask that the Commission remand the permit
back to the Planning Department with instructions that the permit be vacated
so that all parties are back to square one. The present owner is planning to
come up with an entirely new plan.
Mayor Suarez: Is that... would it make sense? Is that agreed upon? All
right.
Ms. Miriam Maer: That would be correct. We just suggest that when it is
remanded, it is remanded to the Planning Director with instructions to vacate,
that the vacate be subject to documentation being received by our office prior
to such action being taken.
Mayor Suarez: OK, all those complexities are agreed upon. Do we need a
motion, Madam City Attorney?
Ms. Maer: Yes, you do.
Vice Mayor Dawkins: Moved.
Mayor Suarez: OK, so moved...
Commissioner Plummer: Second.
Mayor Suarez: ... with all those statements, implications and so on. Call the
roll.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption:
MOTION NO. 90-241
A MOTION DIRECTING THE ADMINISTRATOIN TO SEND BACK TO
THE PLANNING DIRECTOR A SPECIAL CLASS C PERMIT FOR
CONSTRUCTION OF A PROPOSED 19-STORY (251 UNITS)
CONDOMINIUM PROJECT ("THE OASIS ON BRICKELL") PROPOSED
FOR 2127 BRICKELL AVENUE; FURTHER INSTRUCTING THE
PLANNING DIRECTOR TO RESCIND SAID PERMIT SUBJECT TO
APPROPRIATE DOCUMENTATION BEING RECEIVED BY THE CITY
ATTORNEY'S OFFICE PRIOR TO SAID ACTION BEING TAKEN.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
(NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF
PLANNING, AND ZONING ISSUES TO CONSIDER REGULAR NON -AGENDA ITEMS,)
94 March 22, 1990
24. CITY COMMISSION EXTENDS VOTE OF CONFIDENCE IN SUPPORT OF CITY OF MIAP/1
POLICE CHIEF PERRY ANDERSON.
---------------------------------------------------------------------
Mayor Suarez: Anything further?
Commissioner Alonso: Yes, Mr. Mayor, I've been trying for...
Mayor Suarez: Commissioner Alonso.
Commissioner Alonso: ...for a while trying to get your attention so I can
present this item, and it's in reference to a discussion concerning the Chief
of Police, Perry Anderson. And I think it's very important for, the City of
Miami that we address this problem and have an open discussion about what is
the position of this Commission in reference to the Chief of Police, Perry
Anderson. It has been - we have heard rumors, we have seen the City
surrounded by gossip, and we have heard a lot about the removal of Chief Perry
Anderson. As a matter of fact, my name was used on a radio program as one of
the members of this Commission that was involved in sort of a conspiracy to
remove Chief Anderson. I, of course, was very disappointed to hear that. I
went to the radio program and made my position very clear. I stated my
support of Chief Perry Anderson. Also, we are in possession of a letter sent
by Miami Community Police Benevolent Association, all. of you have this letter,
and in the letter it states that it is rumored that certain Commissioners are
presently interviewing others for the position of Police Chief. Since all of
the rumors have been around the City of Miami, and I think that, above all,
what is important for Miami is to have a stability. I think that it's more
important than names, it's above all of us, the stability and the security of
the City of Miami. That's my main concern. That's why I wanted to bring this
issue to this Commission so that each one of us have an opportunity to express
how we feel about the present Chief of Police. I think he is a professional.
I think he has done an outstanding job. He has one of the most difficult
positions in the City of Miami, and I think that it's very necessary for all
of us to come forward and say where we stand in reference to the Chief of
Police. I, as I said, he has - I have given to him my full support, I'm
behind the Chief, no one has shown to me proof that he is doing anything
wrong, or that he has done anything to affect the Police Department since he
has been Chief of Police. I have had the opportunity to work with him through
the years, and he has my respect and admiration and I...
(Applause)
Commissioner Alonso: ...I'm stating it for the record. Miriam Alonso is
behind Chief Anderson. I feel very strongly that this City needs the
stability of a vote of confidence and support from this Commission, and I'm
moving today, very strongly, asking my colleagues to come forward arid say how
they feel about the Chief, and to vote with me in this motion for a vote of
confidence and support of the Chief of Police because I think it's important
for Miami, and it is important for the stability of the City.
Mayor Suarez: OK, thank you for your statement. Anything further,
Commissioners?
Commissioner Plummer: Mr. Mayor, I think I can sum up my feelings very
briefly. Chief Perry Anderson has been here three years, four years, five
years as Chief, whatever it is.
Commissioner De Yurre: How about two?
Mayor Suarez: More like two, yes.
Commissioner Plummer: I would be very disappointed if Perry Anderson left the
City of Miami, and I think that sums up my feeling very, very strongly. I
have had disagreements with Perry, I'll continue to have, hopefully, continue
to have disagreements with Perry, but I do respect him as a professional. I
think fie has done a good job. I will always reserve my right to have
disagreements with anybody that works for the City of. Miami, and disagreements
with my colleagues. And I'll express my opinions, and I think he has been -
even though he's disagreed with me and he prevailed, at least he was willing
95 March 22, 1990
to listen and sit down and discuss the issues. I don't think there's anybody
in this City that can't do better. And I think that if this City were to lose
Perry Anderson, wn would lose a very fine Police Chief.
(Applause)
Mayor Suarez: Anything further?
Commissioner Plummer: Well, Mr. Mayor, if, in fact, I'm not too familiar,
except the last time that we had one to the contrary of opinion in which we
was a person non grata, I think was the last time we had. Miriam is
offering - is that in the form of a motion, Mr. City Attorney?
Commissioner Alonso: Yes.
Commissioner Plummer: I second the motion.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Vice Mayor Dawkins: Under discussion.
Mayor Suarez: Vice Mayor.
Vice Mayor Dawkins: I, for one, do not understand the necessity of what we
are doing. And now, everyone is aware that it's a thankless job, and everyone
is aware that Chief Perry Anderson stepped into a situation and took command
and has done the job. But we would be remiss to sit here and have those out
there think that by giving Chief Perry Anderson a vote of ccnfidence, a vote
of support, is sufficient. The Chief works at the pleasure of the Manager...
UNIDENTIFIED SPEAKER: Not true.
Vice Mayor Dawkins: ...and if we get a Manager who is dissatisfied with the
Chief, that Manager can dismiss the Chief. We, as Commissioners, can dismiss
the Manager...
UNIDENTIFIED SPEAKER: Amen.
Vice Mayor Dawkins: ...but the Manager will have already dismissed the Chief.
So, what we need to be about is assuring the community that as long as Chief
Perry Anderson serves this community, protects this community, and does
nothing wrong, he has no fear of being terminated, dismissed by nobody. Now,
that I'm in favor of assuring him.
(Applause)
Mayor Suarez: OK.
Vice Mayor Dawkins: But, just to say that I have confidence in him is not
enough, in my opinion.
Commissioner Alonso: That's actually the intention of my motion, Commissioner
Plummer, to send a very loud and clear message to this community.
Commissioner De Yurre: He's the white guy over there.
Commissioner Alonso: The message that we are behind the Chief of Police. I
don't think that a person can be Chief of Police and to fear his job is at
stake every minute, that he has to go and defend the citizens of Miami, but
that he doesn't have the trust of this Commission, and I think that's the
issue at stake. I think that what I'm trying to do is bring to the open what
has been said for the last two weeks that the position of the Chief of Police
was in danger, that we were looking for a replacement, that he did not have
our support, and I think that's not fair to him and to the citizens of Miami.
And I think that's exactly the idea of my motion, and as strong as we can make
it, I'm for it.
Mayor Suarez: Anything further?
Commissioner De Yurre: Let me just say that...
96 March 22, 1990
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: ...everybody's talking, I've got to say something too.
Let me just say that the rumors, if there are rumors, I haven't heard them.
That in the almost two -and -a -half years that I've been here with Perry
Anderson as Chief., the Police Department has performed admirably, and
certainly we've had a lot of difficult times in the decade of the 80's that we
as soon forget, but we can't forget because we want to make sure it doesn't
happen again. But, I think that the best tribute that I can give him as a
Commissioner is the fact that I hardly see him. Why? Because I think he's
doing the right job, I don't need to call him up and ask him, why did this
happen? -why is that happening? You know, I have conf idence in the man. I
think he's doing the job that's got to be done, and I leave him alone to do
his job. He's a professional and that's the way it's got to be done. So, you
know, and every once in a while he says, I don't see you enough. I say, hey,
I don't want to see you. Just keep doing your thing and do it that way and
that's fine, that's the way it should be, no political interference, none of
that, that they come back and say, you know, I'm being compromised. He's got
to do his thing, and he has to have our support, and having the manpower and
the tools to do the job, and that's what we're here for. So, certainly, he's
got my support and just like, you know, based on what Miller was saying, the
constraints under which we deal with, you know, he's our man.
Mayor Suarez: OK.
Commissioner Plummer: As part of the motion, no City Commissioner can listen
to the radio or read the newspaper.
Vice Mayor Dawkins: Only if Chief Perry Anderson takes J.L. Plummer's radios.
Radios.
Mayor Suarez: I do...
® Commissioner Plummer: You'd better not ask for a vote of confidence on Miller
Dawkins.
Mayor Suarez: No votes of confidence on any fellow Commissioners at this
point. I do differ with Commissioner De Yurre in that I have a lot of
meetings with the Chief, a lot of them prompted by him and some prompted by
— me, and that's possibly because a lot of the citizens of Miami believe that
_ the Mayor has duties the Mayor really doesn't have, and looked to the Mayor
for special leadership in certain areas, including police protection and
leadership of our community through difficult times. Also, state law seems to
imply that the Mayor of the City has special duties in those situations. By
-- the way, in those situations when we've had those kinds of meetings and
discussed how to handle difficult situations, civil disturbances, etcetera, as
my colleagues have stated, I believe he has behaved admirably, and I'm very
supportive of the Chief. So, if there's nothing further, call the roll on the
motion.
_ The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION 140. 90-242
A MOTION OF THE CITY OF MIAMI COMMISSION EXTENDING A
_ VOTE OF CONFIDENCE IN SUPPORT OF THE CITY OF MIA14I
POLICE CHIEF PERRY ANDERSON.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
97 March 22, 1990
25. CITY COMMISSION EnTENDS VOTE OF CONFIDENCE IN SUPPORT OF CITY MANAGER
CESAR ODIO.
Mayor Suarez: We're adjourned.
Commissioner Alonso: No, no, no, excuse me, excuse me, Mr. Mayor... C-�
Mayor Suarez: Yes, Comrr,issioner Alonso.
Commissioner Alonso: ...and since we are discussing the stability of the City
of Miami, and since actually one of our Commissioners has expressed that the
Chief serves under the. will of the City Manager, and in the last two weeks,
again, we have heard all kinds of rumors; we have read the Miami Herald...
Commissioner. Plummer: N00000.
Commission Alonso: We have seen this City surrounded by gossip, surrounded by
maneuvering and, yes, some sort of interference. I think it's appropriate
that at this time, I also ask for a vote of support for the City Manager,
because Miami needs the stability.
(Applause)
Mayor Suarez: Please, please.
Commissioner Alonso: Because Miami needs the stability, and if stability
means having a City Manager that can work without interference, a City Manager
that can handle the administration problems of the City. And I have seen and
whether anyone reassures me that everyone is working properly in the City of
Miami, I tell you, no, they are not. They have been involving gossip, they
are human beings, they think of the security of their jobs and they have been -
their performance has been affected in the last few days. I think it's
appropriate, at least this Commissioner feels that way that we send a vote of
support and confidence to the City Manager. I feel he's doing a good job. I
think he's trying to maintain a stability in Miami, and I think it's our job
to try to do that for our City. And I move that we give also a vote of
confidence and support to the other person that has his future tied to the
Chief, Cesar Odio. Names are not important. The City is what is important.
(Applause)
Mayor Suarez: Please, please. So moved.
Commissioner Plummer: Second.
Mayor Suarez: Seconded.
Vice Mayor Dawkins: Under discussion.
Mayor Suarez: Any discussion? Mr. Vice Mayor.
Vice Mayor Dawkins: The same parameters that I spoke of for the Chief, I say
for the Manager. The Manager works at the pleasure of the Commission. If you
think he does not, ask Howard Gary. When you see that Howard Gary was fired
because he was too big for his britches, according to Maurice Ferre, it can
happen anytime. So, I don't think that there will be any problem as long as
the Manager performs and does his job, he will have the confidence of this
Commission. But in he event that he does not, then lie will not have three
votes that Howard Gary did riot have. So, I have nothing further to say, Mr.
Mayor.
Commissioner Plummer: I hope, for the record, that you will so indicate that
the Commission fired Mr. Howard Gary, that you and I were a negative vote in
that area.
Vice Mayor Dawkins: That's right, we were. We were the only two. And we're
the only two sitting here now because of that.
98 March 22, 1990
(Laughter and applause)
Commissioner Plurmner: I think that things are so bad around here, even the
botellas are going to work.
Mayor Suarez: 'That's part of the idea. Yes, Commissioner.
Commissioner De Yurre: Yes, Mr. Mayor. When this whole issue that was
brought up by Commissioner Alonso was started a few days ago, I think it
happened pretty much at the time that Odio left for vacation. And I took a
_ posture at that point in time which I will maintain at this point in time. Y
that I would not make any comment pro or against until he came back. Unlike
Perry Anderson, he is not here. Perry Anderson was here. I don't think that
it's appropriate, at least my personal feeling, to discuss Cesar Odio present, _=
Cesar Odio past, or Cesar Odio future, without him being present. I think
that we owe that to him him. At least I owe that to him as a person, as a —
man, and what I have to say to him, I'm going to say it when he arrives
Monday, or when the next time I see him, if anything needs to be said. And I
will abstain from this vote, and if I can legally, if I can sit down and have
everybody else vote, fine. If not, I will walk out. Thank you.
Vice Mayor Dawkins: Well, you'd better get a clarification from the attorney.
Gerald Wolfson, Esq.: May I respond on behalf of the Chief? The Chief would
like...
Mayor Suarez: We are not discussing that, counselor, thank you.
Mr. Wolfson: The Chief would like to thank...
Mayor Suarez: Please, please, please... Mr. City Attorney.
Vice Mayor Dawkins: ...can we walk out or can he...
Commissioner Plummer: He can go to the bathroom any time he wants.
Mayor Suarez: Sometimes more often we should than not. Yes, Mr. City
Attorney?
Mr. Jorge Fernandez: Is there a question to the City Attorney?
Mayor Suarez: Yes, it is.
Vice Mayor Dawkins: If we have one.
Mr. Fernandez: And the question is?
Mayor Suarez: Can he abstain on a vote of that sort? Can he notify an
abstention for the reasons stated?
Commissioner Alonso: He left already.
Mr. Fernandez: State statute 286.012 says, "No member of any State, County or
Municipal government, Board, Commission, or Agency, who is present at any
meeting of any such body at which an official decision, ruling, or other
official act is to be taken or adopted, may abstain from voting in regard to
any such decision." So the reading of this statute is that if a Commissioner
is present and, unless tie has a conflict of interest otherwise found in
1123143, he may not abstain from voting.
Mayor Suarez: OK, but if he's absent, I guess it's reflected as absent.
People can read into that whatever they'd like. Anything further? My
feelings are fairly public on that issue. They will continue to be more
public in succeeding days. I do hope to meet with the Manager on Monday when
he comes in and we'll be evaluating him at some point on a variety of factors.
So, my vote will be no on the vote of confidence. By the way, if, at any
time, I feel that, for myself, a new Manager should be named, I will for sure
discuss with him the performance of Perry Anderson in the hope that - and
really more than the hope, to the extent that I can in the Charter - with the
almost the requirement, if I can legally do that, that Perry Anderson continue
to be the Chief. All right, anything further? Yes? Madam Commissioner
Alonso.
99 March 22, 1990
Commissioner Alonso: Mr. Mayor, let me make clear to the record that it will
be a violation if you were to step into that direction as to give the
instruction to a new Manager as to the desire of whom you want to be Chief of
Police because you know we don't have that power, and it's against the...
Mayor Suarez: I guess I would read to him the resolution that we just passed
before and tell him that...
Commissioner Plummer: Whoa, whoa, whoa...
Commissioner Alonso: Is it legal, Mr. City Attorney?
Commissioner Plummer: ...whoa, whoa, whoa, whoa.
Mr. Wolfson: Could I respond on behalf of the Chief?
Commissioner Plummer: It's not what you do, it's how you do it.
Mayor Suarez: Please, please, please, please.
Commissioner Plummer: Would you sit down for a minute? We're not discussing
the Police Chief. You want to come back to that., we can.
Mayor Suarez: Counselor, please, we're talking about the City Manager now,
sir.
Commissioner Plummer: All. right? Let me tell you something, just for the
record. My colleague, Miriam Alonso, you are right, I cannot designate to any
man who is being considered to be the Manager what he can do whence he's
appointed. But I can sure damn well ask his feelings and hold him to whatever
vow he makes to me.
Commissioner Alonso: That's fine.
Mr. Fernandez: That's correct.
Mayor Suarez: You can also read, him the prior resolution that we just passed.
In any event, anything further? If not, please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 90-243
A MOTION OF THE CITY OF MIAMI COMMISSION EXTENDING A
VOTE OF CONFIDENCE IN SUPPORT OF THE CITY OF MIAMI
CITY MANAGER, CESAR ODIO.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Victor De Yurre.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Well, I'm in the room so I guess I got to vote, and
with pleasure, I vote yes.
Commissioner Alonso: With pleasure, yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: This Commission is adjourned.
100 March 22, 1990
Commissioner Plummer: Wait a minute, I'm sorry. I wanted to make a
statement.
Mr. Wolfson: I wanted to respond on behalf of the Chief. The Chief thanks
you very much for the vote of confidence.
Mayor Suarez: I should have known you were going to thank us. In which case,
I would have let you speak.
Mr. Wolfson: No, I thank you, but the Chief would like it...
Mayor Suarez: But you know what we say around here, don't thank us now. Go
ahead.
Commissioner Plummer: Quit while you're ahead.
Mr. Wolfson: The Chief would like to have a contract of employment.
Mayor Suarez: We're aware of that. Reverend, that's your feeling? Thank
you, thank you everyone.
Mr. Wolfson.: You didn't forget that.
Mayor Suarez: Yes, Reverend.
Reverend Starkes: Yes, I just want to the Commission, we really thank you for
your vote of confidence, but I would like to see something more substantial
done as far as giving the Chief some type of job security.
Mayor Suarez: I have a feeling that item's going to be coming up pretty soon,
as soon as the Manager is ready to make a recommendation on it. Thank you,
all of you.
26. DEFER CONSIDERATION OF PROPOSED CLAIM SETTLEMENT REGARDING ARTHUR ROBY.
Mr. Plummer: Mr. Mayor, hold on for a minute if you would, on item 4-C.
Mr. Fernandez: Consent Agenda 4.
Commissioner Plummer: I'm going to ask that be continued, and let me tell
you, Mr. Mayor,...
Mayor Suarez: Yes.
Commissioner Plummer: I would hope that you and my colleagues would read the
backup material that was furnished. What I read in that recommendation is
that this is not necessarily the City's fault.
Mr. Fernandez: There is a judgement already entered against the City. The
City took it on appeal. We won the appeal.
Commissioner Plummer: That is not in the backup material that I had.
Mr. Fernandez: Then I need to get together with you.
Commissioner Plummer: OK, let's defer it out until the next meeting.
Mayor Suarez: All right. Do we need a vote on that?
Mr. Fernandez: No, that's alright, because that stood.
101 March 22., 1990
a
THERE BEING NO FURTHER BUSINESS TO COME 'BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:13 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foemaa
ASSISTANT CITY CLERIC
Xavier L. Suarez
M A Y 0 R
INCORPIORATEI) 1k
18 96 �.
q
102 March 22, 1990
&JEETM DATE- MARCH 22, 1990
PAGE No: 1 Of 2.
i' i . � t• C•t• _ _ ... .
RESCIND RESOLUTION 90-202 - AUTHORIZE AGREEMENT WITH MIAMT-
BUS BENCH JOINT VENTURE (D/B/A BUS BENCH COMPANY) TO
MANUFACTURE, INSTALL AND MAINTAIN 1,500 BUS BENCHES CITYWIDE
AND TO SELL ADVERTISING ON A PORTION OF THEM.
ACCEPT PLAT: "FERN ISLE GARDENS"
ACCEPT PLAT: "LiAYROCK SUBDIVISION"
AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH GLADYS KIDD AND
ASSOCIATES TO PRODUCE THREE PUBLIC SERVICE ANNOUNCEMENTS AND
ONE VIDEO TO ASSIST SOLID WASTE DEPARTMENT IN THE EDUCATIONAL
COMPONENT OF THE "CURBSIDE RESIDENTIAL MULTI, -MATERIAL PILOT
RECYCLING PROGRAM".
RATIFY EMPLOYMENT OF DANIELS, MASON AND KASHTAN, PA (LAW
OFFICES) TO SERVE AS CONSULTANT IN THE CASE OF MCNEW MARINE
CONSTRUCTION, INC. VS. CITY OF MIAMI VS. RONALD A. FRAZIER
AND ASSOCIATES, ET AL ALLOCATE AN ADDITIONAL $25,000 -
TO BE REVIEWED AT THE NEXT CITY COMMISSION MEETING.
RATIFY EMPLOYMENT OF STEEL, HECTOR AND DAVIS (LAW OFFICES)
AS CONSULTANT IN CASE OF PNM CORPORATION VS. CITY OF MIAMI
VS. FULLER AND SADAO - ALLOCATE ADDITIONAL $65,000.
AUTHORIZE ISSUANCE OF PURCHASE ORDERS TO COMPLETE REQUIRED
HANDICAPPED IMPROVEMENTS IN CONSTRUCTION OF BAYFRONT PARK
REDEVELOPMENT - NORTH END AND AMPHITHEATER - PHASE II
(CIP PROJECT 331302)
CONFIRM IMPACT FEE BOARD'S DECISION NOT TO WAIVE IMPACT
FEES ON NEW CONSTRUCTION AT 141.1 N.W. 14 AVENUE.
DESIGNATE APRIL 1990 AS "ENVIROMENTAL AWARENESS MONTH IN
THE CITY OF MIAMI, FLORIDA" - PROMOTE ACTIVITIES TO
PRESERVE GLOBAL ENVIRONMENT - LAUNCH "DECADE OF THE ENVI--
ROMENT" IN BAYFRONT PARK A.MPHITIiEATER.
GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS CONCERNING
GRAND OPENING OF CARIBBEAN MARKETPLACE.
WAIVE PROHIBITION AGAINST APPEARANCE OF ROBERT V. FITZSIMMONS
(AS PROHIBITION APPLIES TO A CITY OFFICER, OFFICIAL, EMPLOYTE
OR MEMBER OF ANY BOARD, COMMISSION OR AGENCY.)
CONCERNING LOCATIONS BEING C014SIDERED BY FEDERAL BUREAU OF
PRISONS FOR CONSTRUCTION OF JAIL FACILITIES IN MIAMI r
INSTRUCT ADMINISTRATION TO CONVEY THE ':ITY'S DISPLEASURE
REGARDING SAID CONSTRUCTION, BUT FAVORING SITE "A" WHICH
IS LOCATED DIRECTLY TO THE: NORTH OF THE NEW FEDERAL COURTHOUSE
AND TO THE WEST OF THE PI:OPOSED FEDERAL LAW ENFORCEMENT
BUILDING.
DENY APPEAL BY OBJECTOR (AR'TURO CARABALLO) -- UPHOLD ZONING
BOARD'S DECISION TO APPROVE COOKING AT 3328 S.W. 23 TERRACE
WITH PROVISOS AS TO PARTING, TRASH AND PROHIBITION OF DLEP
FRYING.
(RESOLUTIONS)
90-0226
90-0227
90-022.8
90-0229
90-0230
90-0231
90-0232
90-0233
90-0234
90-0235
90-0236
90-0238
90-0239
S
PACE 2 OF