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CITY CO!!!lISSION OF NIA!!I, FLORIDA
FBBRIIARY 23, 1989
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LBGISLATION PAGB
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1. PRBSBNTATIONS, PROCLA!lATIONS AND PRBSSNTBD~ 1
SPSCIAL ITB!!5. 2/23189
Z. EXECUTE AGREEMENT OF PURCHASE AND SALE R 89-190 2-13
WITH BROTHERS OF THE GOOD SHEPHERD, 2/23/89
INC. - for the acquisition of the fee
simple interest and leasehold interest
in 726 NE 1st Avenue (Camillus House) -
subject to appropriation being made at
appropriate time.
3. EXECUTE GRANT AGREEMENT WITH BROTHERS R 89-191
OF THE GOOD SHEPHERD, INC. - for 2/23/89
Camillus House.
4. ISSUE REVOCABLE PERMIT TO THE BROTHERS R 89-192
OF THE GOOD SHEPHERD, INC. - for use of 2/23/89
Camillus House.
5. APPROVE IN PRINCIPLE NEGOTIATIONS TO M 89-193
ACQUIRE CAMILLUS HOUSE - by way of 2/23/89
purchase, and if such negotiations were
to prove unsuccessful, then by way of
condemnation.
6. 1989 CARNAVAL MIAMI 8-K RUN AND BIKE R 89-194
DASH: Amend Resolution 88-357 - change 2/23/89
location to Downtown and grant permit
for fireworks at Bayside until midnight
March 11, 1989.
7. EXECUTE AGREEMENT WITH UNIVERSITY OF R 89-195
MIAMI - for sale of 12,000 cubic yards 2/23/89
of excess fill material from Virginia
Key - earmark money for trees and
benches at East Bay Vista Park.
8. 15TH YEAR COMMUNITY DEVELOPMENT BLOCK M 89-196
GRANT ALLOCATION: Instruct 2/23/89
Administration to notify all affected
social service agencies that there will
be a 10 percent reduction in funding
this year from the amount previously
received from the City.
14
15-16
16-18
18-21
21-22
22-23
9. ZONING BOARD APPOINTMENT: Brief DISCUSSION 23-24
discussion 2/23/89
10. FIRST READING ORDINANCE: Amend Code ORDINANCE 25-27
Chapter 42 entitled "Police" - FIRST READING
establish definition of towing, 2/23/89
procedure for suspension and revocation
of license and basic towing rate, and
allowable auxiliary services.
li. CHALK'S AIRLINES: Brief discussion on DISCUSSION 24
o~-nership. 2/ 23 /89
13. OVERTOWN SHOPPING CENTER: Discussion DISCUSSION 29-32
on status. 2/23/89
14. R$LATIONSHIP BETWEEN THE OFFICE OF DISCUSSION 32-34
MINORITY/WOMEN BUSINESS AFFAIRS AND THE 2/23/89
HOUSING CONSERVATION AND DEVELOPMENT _
AGENCY: Discussion.
15. LOOK INTO THE POSSIBILITY OF M 89-197 34-37
IMPLEMENTING WELCOMING SIGNS AT 2/23/89
ENTRANCE TO DIFFERENT NEIGHBORHOODS;
INSTRUCT ADMINISTRATION TO INSTALL ONE
"WELCOME TO CITY OF MIAMI" SIGN AT N.W. _
87TH AND BISCAYNE BLVD.
16. SECOND READING ORDINANCE: Amend zoning ORDINANCE 38-44
atlas at approximately 2822-2838 N.W. 10550
22nd Ave. from RG-2/4 to CR-1/7 (See 2/23/89
label 20).
17. SECOND READING ORDINANCE: Amend zoning ORDINANCE 44-45
atlas at 1145-1199 N.W. 11th St. 10551
(Municipal Justice Building) from GU to 2/23/89
CR-3/7.
18. SECOND READING ORDINANCE: Amend zoning ORDINANCE 45-46 _
atlas by applying Section 1612 HC-3 at 10552
approximately 452 NE 39th St. (Walter 2/23/89
E. Flanders House).
19. SECOND READING ORDINANCE: Amend zoning ORDINANCE 46
atlas at approximately 110 S.W. 7th St. 10553
and 700-750 S.W. 1st Ave. by changing 2/23/89
from CG-2/7 to CR-3/7. (Applicant: --
Eduardo Alonso~ Presidents Romate
Corp.).
20. (Continued discussion) Provide M 89-198 47
effective date of Ordinance 10550, 2/23/89
zoning atlas amendment at approximately
2822-2838 N.W. 22nd Ave. (See label
16).
21. A. DEFER PROPOSED SECOND READING DISCUSSION 47-50
ORDINANCE - amending zoning atlas at 2/23/89
approximately 169 E. Flagler St.
(Alfred I. DuPont Building)
B. DISCUSSION ON PROPOSED NEW
ADMINISTRATION BUILDING IN OVERTOWN.
22. WATSON ISLAND MASTER PLAN 1989: R 89 199 50-77
Approve in principle - amend 2/23/89
appropriate Comprehensive Neighborhood
Plan.
23. LOCAL GIRL SCOUTS GROUP: Refer to City M 89-200 78-79
Manager request by local Girl Scout 2/23/89
group for placement of a tent during
the day in Hadley Park.
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24. ORANGE BLOSSOM CLASSIC HOST COMMITTEE: M 89-201
Request statue report on how monies 2/23/89
were spent in 1988 and proposed
expenditure in 1989 - request Host
Committee to make a budget presentation
re balance of monies given by the
State.
2S. CREDIT CARD TO PAY CITY EXPENDITURES OF DISCUSSION
CAMPAIGNS: Instruct City Attorney to 2/23/89
come back before the Commission with a
recommendation on said issue.
26. ROBERT KING HIGH PARK - not the only DISCUSSION
park in which Girl Scouts and Boy 2/23/89
Scouts can have overnight camping -
direct City Attorney to prepare an
ordinance by next Commission meeting -
include language that shall apply to
all parks.
27. (Continued discussion) ACCEPT GLASS R 89-202
HAND ENGRAVING OF SEAL OF REPUBLIC OF 2/23/89
CUBA FROM THE J. MEDINA GLASS CO. OF
NEW ORLEANS - for display in the city
(See label 1).
f9=83
83-84
84-85
85-86
28. (Continued discussion) TREASURE CHEST M 89-203 86-91
STORE: Instruct Miami Capital 2/23/89
Development Corporation (MCDC) to
accommodate Joyce Small's request for a
business loan, subject to MCDC's normal
terms/conditions and subject to
applicant's submittal of security
agreement, plus personal guarantee (See
label 11).
29. REVIEW OF ZONING BOARD'S APPROVAL OF DISCUSSION 91-92
VARIANCE AT 2606 AND 2612 S. W. 28TH 2/23/89
ST.: Discussion and continuance to
March 23rd, 1989 (Applicant: Leonard A.
Ralby) .
30. REVIEW OF ZONING BOARD'S APPROVAL OF DISCUSSION 92-98
SPECIAL EXCEPTION TO ALLOW PARKING 2/23/89
STRUCTURE FOR PRIVATE PASSENGER
VEHICLES AT 11-15 S. W. 41ST AVE.:
Discussion and temporary deferral (See
label 32).
31. SECOND READING ORDINANCE: Amend zoning ORDINANCE 98-108
atlas at 2900 Bridgeport Ave. from RO- 10554
2.1/4 to CR-2/7 (Applicant: Tropical 2/23/89
Federal Savings & Loan Association).
32. (Continued discussion) UPHOLD ZONING R 89 204 106-113
BOARD'S APPROVAL OF SPECIAL EXCEPTION 2/23/89
TO ALLOW PARKING STRUCTURE FOR PRIVATE
PASSENGER VEHICLES AT 11-15 S.W. 41ST
AVE. (Owner• The Trust Bank• A licant•
- , PP
Robert Piacenti) (See label 30).
33. UPHOLD ZONING BOARD'S APPROVAL OF R 89 205 114-115
VARIANCE AT 4050 W. FLAGLER ST. 2/23/89
_ (Owner: The Trust Bank; Applicant:
-; Robert Placenti).
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34. DENY APPLICATION Tb CHANGE LAND USE M 89-20b 115=159
DESIGNATION AT APPROXIMATELY 3223-57 M 89-207
FRANKLIN AVE. & 3560 MAIN HIGHWAY - 2/23/89
from Low Density Residential to
Commercial/Residential (Applicants:
David & Christine Hill).
35. A. DISCUSSION BY REPRESENTATIVES OF THE M 89-208 134-150
NORTHEAST COMMITTEE OF THE BELLE MEADS 2/23/89
ISLAND HOMEOWNERS ASSOC. - concerning
services to said area.
B. INSTRUCT MANAGER TO SCHEDULE PUBLIC
DARING (March 23, 1989 at 6:00 p.m.) -
re proposed moratorium on acceptance of
any snore applications for adult
congregate living facilities.
36. PROPOSED RESTRICTION OF VEHICULAR M 89-209 151-162
AGCESS TO SW 28 STREET AND SW 27 LANE 2/23/89
AT EASTERLY SIDE OF INTERSECTION WITH
SW 2b AVE.: Discussed and continued for
further information - pending traffic
study report - direct City Manager to
request Metro-Dade County to place
four-way atop signs at every
intersection along SW 28 St., SW 217
Lane, & SW 27 Terrace from 22 Avenue
south to 21 Avenue - instruct City
Manager to order enforcement of Stop
signs (See label 38).
37. SWIMMING POOL AT WILLIAMS PARK: DISCUSSION 162
Discussion. (See label 39). 2/23/89
38. (Continued discussion) PROPOSED DISCUSSION 163
RESTRICTION OF VEHICULAR ACCESS TO SW 2/Z3/89
28 STREET & SW 27 LANE AT EASTERLY SIDE
OF INTERSECTION WITH SW 2bTH AVENUE.
(See label 36).
39. (Continued discussion) SWIMMING POOL AT M 89-210 163-164
WILLIAMS PARK: Allocate $10,000 for 2/23/89
repairs (See label 37).
40. SECOND READING ORDINANCE: Amend zoning
ordinance - Article 15-SPI - SIGNS USES
AND LIMITATIONS
41. EMERGENCY ORDINANCE: Amend Code,
Section 54-17, by removing the
restriction which mandates streets
closed to vehicular traffic at
intersections only.
42. APPROVE REQUEST OF CORAL WAY ASSOCIATES
LIMITED AND DECORATIVE ARTS PLAZA
INC. - developers of the Miracle Center
Project - to restrict vehicular access
to SW 33 Avenue from SW 21 Street
permanently.
43.
ORDINANCE 164-165
10555
2/23/89
ORDINANCE 16b-167
10556
2/23/89
R 89-211 1b8-179
2/23/89
CONTINUE ALL REMAINING ITEMS TO MARCH M 89-212 180
23RD. 2/23/89
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd day of February, 1989, the City Commmission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:09 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
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NOTE FOR THE RECORD: Agenda items 7 and 9 were withdrawn by
Administration.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
1. COMMENDATIONS: Presented to Officers Jack Calvar and Orestes Chavez for
having been selected Most Outstanding Officers of the Month of January
1989.
2.
3.
4.
5.
PROCLAMATION:: Presented to Visiting Nurse Association of Dade County
for their concern for health and well-being of our citizens.
PROCLAMATION: Liberty City Christian Association for "Love Your Neighbor
Day," February 14, 1989.
APPRECIATION: To J. Medina for donation of artistic glass etching of ,.~
Cuban seal and theme to City of Miami (See label 27)
COMMENDATION: Presented to representatives of Texaco Latin American/West -
Africa for their many innumerable civic and cultural contributions to the
City of Miami.
2. EXECUTE AGREEMENT OF PURCHASE AND SALE WITH BROTHERS OF THE GOOD
SHEPHERD, INC. - for the acquisition of the fee simple interest and
leasehold interest in 726 NE 1st Avenue (Camillus House) - subject to
appropriation being made at appropriate time.
Mayor Suarez: Item 1, "A resolution authorizing the City Manager to make an
offer and execute an agreement of purchase and sale of, in substantially the
form attached, with the Brothers of the Good Shepherd, Inc. for the
acquisition of fee simple interest and leasehold interest in the property
located at 726 NE 1 Avenue," and I presume known as Camillus House. The
owners are the Brothers of The Good Shepherd, Inc. in the attached agreement,
"Offer not to exceed the purchase price of $1,200,000 for the fee simple
interest and $300,000 for leasehold interest," etc. Mr. Manager, do you
recommend this?
Mr. Plummer: Let's start the morning off!
Mr. Odio: Is he talking to me?
Mayor Suarez: Yes, Mr. Manager, do you recommend this acquisition?
Mr. Odio: Well, the problem is, I still have not been able to identify the
funds in which the purchase of this property can be... the sale of the Watson
Building fell through. At the last moment the purchaser decided to pull out,
so we are in the process of advertising that again, Mr. Mayor.
Mayor Suarez: Are two of the payments envisioned as coming from second and
third year payments from Community Development Block Grant monies? Is that
still the proposal?
Mr. Odio: At your instructions, we had Community Development check to see if
they would qualify and Frank has an answer for us.
Mr. Castaneda: Yes, Commissioners, we've researched the whole issue. There
are several issues. The first question that we asked was, you know, is this
an eligible activity under slum and blight acquisition, or benefit to low and
moderate. After conferring with HUD, they say that as a slum and blight
activity, it is an eligible activity, because in the redevelopment plan, it
was stated that caused a slum and blight influence in the area. It is also
eligible under low and mod, with the condition that housing will be provided
there that would benefit low and moderate income individuals and that would
mean that at least 50 percent of the people would have to be 80 percent of
medium or below, so it is an eligible activity.
Mayor Suarez: Which of the two classifications, if any, are you recommending,
or is the Manager recommending?
Mr. Castaneda: Well, I would prefer, if Community Development be used, I
would prefer that it would be used for low and mod benefit, because the
Federal rules require that 60 percent of our money be utilized for that
purpose and that is going to create problems later on if we use it under slum
and blight. There are two other issues. One is...
Mr. Dawkins: No, before you get through that, what, where and how, and how
many low houses you talking about building, and where? Because you see, we
are talking about a prime piece of property in the middle of a redevelopment
area and then you are going to stand here and tell me that you are going to
put low housing there. Tell me where?
Mr. Castaneda: Well, I'm not saying that, I'm dust...
Mr. Plummer: You're locking it in.
Mr. Dawkins: You are saying that sirl Because you are telling me that you
can take this money and do that.
Mr. Castaneda: No, I'm not recommending you taking Community Development
money. Let me finish my presentation. The second issue is that if we buy
2 February 23, 1989
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pith Federal money, then we trigger in two types of relocation. One is
business relocation and the other one is people relocation. Under the
business relocation issue, I don't believe that is a critical issue because I
believe that the business relocation can be placed into the agreement with
them saying that the purchase price is really X amount and the business
relocation is Y amount, for a total of $1,500,000. The third issue that we
looked into is are homeless individuals eligible for relocation benefits. We
have received a very convoluted response from the Federal government and
Linda Kearson is working on this issue. Basically, what the Federal
government told me wes what you would do would be, at the time that the offer
was made, you would find out who is sleeping there. At the time of purchase,
you would find out who is sleeping there. The people that appear on both
lists would be eligible to some relocation benefits and the question was, what
would they be eligible for, and then they said, well, what they would be
eligible for would be for comparable housing. In this particular issue we are
talking about comparable housing.
Mayor Suarez: Comparable.
Mr. Castaneda: Comparable. In this particular issue we're talking about a _-
homeless shelter, so I'm not exactly sure that I understand what that means,
and Linda Kearson is reviewing that issue. The fourth issue that we looked -
into was that this would require an allocation of $100,000 a year for the next
five years, coming from basically the social programs part of our funding.
Obviously, this $100,000 would have a detrimental impact on our other agencies
receiving funding under Community Development for social services.
Mrs. Kennedy: Is there any way that we can make up that money that we are
going to lose?
Mr. Castaneda: Not really.
Mr. De Yurre: But we are talking about getting grants from the Federal
government that would be able to help out along those lines.
Mr. Dawkins: Why not get the grants to buy the building. If we are going to
get grants, let's get grants to buy Camillus House. Let's don°t get grants to
service the people who vote for me. Get grants to, you know, buy the building
from Camillus House and leave the money that I got to service the poor people
in there to service the poor.
Mr. Plummer: Well, you are talking the $100,000 that each social program that
presently is funded would have to be ten percent less, because we have roughly
- $1,000,000 in social programs, so you are talking about these organizations,
- when they come up, the end of June is it7 That's why I said before that I
think it is absolutely, if this thing passes, which it obviously is going to
do, that each one of those be notified today, that through this action, they
= are faced with a minimum of 10 percent cut in their programs.
Mr. Castaneda: The other issue is that we don't know what is happening with
the Community Development Block Grant. We might get Federal cuts later on, so
this impact, you know, might become greater in future years. The other issue
that also obviously looked at is that obviously you are taking away $1,500,000
that would be going to projects in different neighborhoods and concentrating
it in this area.
Mr. Dawkins: Hold it now.
Mr. Castaneda: Right, the
Mr. Dawkins: $1,500,000.
Mr. Castaneda: That would
you know, taking obvious]
particular project.
Run that by me slowly now.
last...
be going into the different neighborhood, would be,
y from those neighborhoods and putting into this
= Mr. Dawkins: So West Little Havana will lose whatever percentage of that one
point million is. Overtown will lose whatever. Liberty City will lose
whatever. Coconut Grove will lose whatever and Flagami will lose whatever,
their part of $1,500,000.
Mr. Castaneda: That's correct, sir.
3 February 23, 1989
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Mr. Deakins: So nos, ae're not meeting the quote, unquote, economic needs,
funding needs of these areas now, and now ae are talking about taking
$1,500,000 from that.
Mr. Castaneda: Obviously you sill be reducing the City's efforts.
Mayor Suarez: What about the up front payment? What amount is required?
Mr. Fernandez: $500,000 at time of closing.
Mr. Plummer: And once again, I want to get on the record, the appraisal done
by the City aas $1,200,000. Is that correct? Mr. Manager?
Mr. Odio: Yes.
Mr. Plummer: On the record, I aanted that the appraisal done by the City aas
$1,200,000.
Mr. Odio: Yes, and that's the...
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! Mr. Plummer: Am I wrong?
Mr. Odio: No, you're correct, we had two appraisals.
Mr. Plummer: No, no, we had one, I'm told. -
Mr. Odio: We had two appraisals.
Mr. Plummer: May I have what the second appraisal was?
{ Mr. Odio: I'll go and get it right now. There was some confusion. I know
-~ Camillus House came up with $2,200,000.
Mr. Plummer: No, no, no, I understand.
Mr. Odio: And then we had one, I know the $1,200,000 was right, I don't know
if we got a second one or not.
Mr. Plummer: Well, Cardinal did the second one for the Camillus House, so...
Mr. Castaneda: Let me just say, you know, I am not familiar with the
appraisals, and... no, but I want to make a point that you have to pay fair
market value for the land, you cannot pay an excessive amount, so I would
assume...
Mr. Plummer: You're not buying land.
Mr. Castaneda: Well...
Mr. Fernandez: Yes.
Mr. Plummer: You know, that's the strange part about it.
Mr. Fernandez: No, no, we are buying some land.
_' Mr. Plummer: You are buying a leasehold interest. The only land you are
buying is the Studio of Light.
Mr. Fernandez: Right.
Mr. Plummer: So...
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Mr. Castaneda: But the point that I am making is th at you cannot pay above ~'
fair market value. You have to pay the market value for the property, so I
would assume that there is an a raisal that su
pp pports
this payment. ~
Mr. Plummer: No, there's... well, that's why I'm asking. Who has the
appraisals? Hello?
Mr. Dawkins: Speak Spanish. He don't understand what you're talking about.
4 February 23, 1484
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Mr. Plummer: I have enough problems with English.
Mrs. Kennedy: In the meantime, Frank, let me ask you - they have 12 months
from date of closing to shut down their food line. How are we responsively
going to make sure that these people are fed. What guarantees do we have?
Mr. Castaneda: Well, we...
Mr. Plummer: The $2,000,000 will stay in the community and not buy another
house in the Roads section.
Mr. Castaneda: What we've done is, if I recall
reading the contract, it says that we have to come
year's time, because it is $500,000 now, $500,000
six months later, so basically in the next year, y
up with $1,500,000, if that's the case. I'm not
the $100,000 payments come in, but...
correctly, I believe, from
up with $1,500,000 within a
in six months, and $500,000
vu are going to have to come
too sure I'm clear on when
Mr. De Yurre: They come in one year after closing, the first one.
Mr. Plummer: Other than restructuring this thing, how is this deal any
different then that which was turned down of $2,000,0007 I'm seeing a bottom
line of $2,000,000. How is this any different than original offer of
$2,000,000?
Mr. De Yurre: It is different in the sense that the purchase price that we
put on the land is $1,500,000, and the other $500,000 is our commitment to
help the homeless in the City of Miami.
Mr. Plummer: Well, but you have no guarantee of that.
Mr. De Yurre: That what, that we are going to be helping them?
Mr. Plummer: The other $500,000 will go for the homeless.
Mr. De Yurre: Well, it is supposed to go for that program.
- Mr. Plummer: Well, it is supposed to, but it is not absolute.
Mr. Fernandez: Yes, they will have to submit a plan in order for them to be
funded at the rate of $100,000 a year for the next five years.
Mr. Plummer: But it doesn't address the $1,500,000. In other words, the
money, as I asked for and is in presently, has to stay in the community.
Mr. Fernandez: Right.
Mr. Plummer: But it doesn't have to help the homeless. It could be used for
any purpose they want, of course.
Mr. De Yurre: That's correct.
Mr. Plummer: Yes.
Mr. De Yurre: We don't put strings when we purchase property.
Mr. Plummer: Well, you know, here again, I think it is the idea that this is
going for a purpose to help a given segment of the community.
Mr. Dawkins: OK, Mr. Mayor, I've got three questions and I'll be finished.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Number one, the $500,000 coming from CD funds, is that a correct
statement? A half million dollars, the first up front half million dollars
will come from CD funds, is that correct?
Mr. Castaneda: Commissioner, are you asking me?
Mr. Dawkins: I'm asking anybody, Frank, who can tell me, man.
9 February 23, 1989
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Mr. Castaneda: I really don't know. I was asked to look into the gossibility
of acquiring this with Community Development funds and that is it.
Mr. Dawkins: Mr. Manager, the $500,000 that we are going to pay up front is
coming from where?
Mr. Odio: That needs to be identified, Commissioner, i do not have the money
in regular accounts to pay for that. -
Mr. Dawkins: All right now, Mr. ...
Mr. Plummer: In the private sector, Dawkins, they would call that writing a
bad check.
Mr. Dawkins: Mr. Castaneda has just said, has identified, since you want the
money identified, OK? - Mr. Castaneda has identified $500,000 of CD money. Is
that the identification that you want?
Mr. Odio: No sir, that is not what... what he is saying is the $100,000 that
you have to pay every year would come out of CD's. That is what he is saying.
Mayor Suarez: No, no, he also said that the next two payments...
Mr. Dawkins: Thank you.
Mayor Suarez: ... are going to come out of the Community Development...
Mr. Odio: But not the $500,000.
Mr. Dawkins: That is! Where are you going to get the first $500,000 from?
Mrs. Kennedy: They want to be used in closing date.
Mr. Odio: Right.
Mr. Dawkins: He said use $1,500,000 out of CD funds.
Mr. Castaneda: I think you are putting words in my mouth. I did not
recommend necessarily... I stn not making a recommendation on using Community
Development Block Grant money for this purpose. What I'm saying is, if the
Commission, you know, feels inclined that they have to buy this property, and
this is the only fund available, then I'm telling you that you know, that
possibility does exists. And as I understand, the closing would occur after
July 1st, so that would mean that if the Commission wanted to allocate
$1,500,000 from the Block Grant and let me remind you, you are going to be
having a public hearing in Community Development on the use of those monies in
about a month and one-half and basically, you will be putting in that
$1,500,000 into that application and there will be a number of people here
wanting to use that money for other activities.
Mr. Dawkins: All right, give me, Mr. Manager, the outline, the plan, or
whatever, of how we plan to utilize the Community Block Grant money next year.
I mean, you've been working on it. I need that in my office as quickly as you
give it to me.
Mr. Odio: We have it ready.
Mr. Dawkins: OK, get it to me. I mean, in fact, give it to each of us.
Mr. Odio: A copy of the recotttmendations.
Mr. Dawkins: You know, the Community Block Grant, how they are going to spend
it, and where you are going to spend it, and then also, you know, so that I
- can see where you are talking about taking $1,500,000, before the people get
down here and start yelling and screaming, I need to know what we are doing. .
Mr. Castaneda: Commissioner, basically the recommendation that we made to the
cotamunity...
- Mr. Dawkins: Thank you. Now, the other thing I need to know, Mr. Manager, is
this our budget?
6 hebruary 23, 1989
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Mr. Odio: Yea, air.
Mr. Dawkins: OK, now, I need to know from you on the record, do qou plea to
take any money out of our prepared budget to purchase Camillus House?
Mr. Odio: No, sir. It's not in there.
Mr. Dawkins: What?
Mr. Odio: It's not in that budget, therefore I can't take it.
Mr. Dawkins: OK, see, no, Nell I will ask you again.
Mr. Odio: I cannot take it from the budget.
Mr. Dawkins: All right, so I have it on the record that you do not intend...
now, if you are ordered to by this Commission, you have no choice, I
understand that, OK? But you have not identified taking money anywhere out of
here to pay for Camillus House?
Mr. Odio: No, sir.
' Mr. Dawkins: All right, the last thing, no, one of the last two things, this
City has to pay for an environmental assessment to be conducted on the
`' property within 90 days. Why are we going to pay to assess that the land is
environmentally free, when everybody that we have let have land in
Overtown/Park West, before they would purchase it, we had to certify that it
-j was free, and now we are going to do it for them, and we are buying the land
j from them. Why, sir? Mr. City Attorney, anybody.
1
Mr. Fernandez: Yes. This was a condition of the contract that was
negotiated, and the reason why I am highlighting it to you in my memo to you,
is because it's one of those conditions which is really not usual.
Mr. Dawkins: All right, why you didn't send a memo along with it, saying it
is not usual? Why do I have to pick it out, and then you got to get an
explanation, sir?
Mr. Fernandez: No, no, I did, at the last City Commission meeting, I told you
that I would prepare for you, in a memo all those items that I considered to
be very important for you to be aware of, because they were unusual.
Mr. Dawkins: Anybody over there in Administration, Mr. Manager, have them
tell me approximately what it would cost for this environmental study,
approximately?
Mr. Odio: Well, I know, I think we paid for the substation in Little Havana
about $50,000, I'm not sure.
Mr. Herb Bailey: OK, so that is another $50,000 added to the total cost?
We've paid approximately $100,000, depending on whether or not we have to
remove some toxic wastes and have it transferred out and repack the site. The
survey, or the examination may cost around $20,000 to $30,000. The biggest
cost comes if we have to make the removal.
Mr. Plummer: Depending on how bad it is.
Mr. Dawkins: So that's over...
Mr. Bailey: Depending on how bad it is, yes. You are looking at $100,000.
Mr. De Yurre: If there is something found.
Mr. Bailey: Yes, they always...
- Mr. Dawkins: All right, so but anyway, that's another $100,000 added to the
$1,500,000, OK?
Mr. Plummer: You are looking at $100,000 either way.
i
_` Mr. Dawkins: Now, my last and final question, Mr. Manager, I saw in the ~ a
-~ paper where we are going to purchase this land from Camillus House and lease
it back to them for $1.00 a year for two years, is that a true statement?
-;
7 February 23, 19$9
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Mr. Fernandez: Yes, sir.
Mr. Dawkins: All right, anybody over there, Mr. Manager, tell me how many
square feet it is, and shat the rental is on that property, would be, if we
rented property of that square foot out per year. Anybody, over there.
Mr. Plummer: I could tell you, the average income would be $200,000, 10
percent of the value. The value now is established at $2,000,000.
Mr. Dawkins: Are you the Administration?
Mr. Plummer: You bet your bippy! Just keep it up, you are not going to be
blue, you are going to be purple.
Mr. Dawkins: I'll still be your brother, it doesn't make any difference what
color we are, we are brothers.
Mr. Bailey: We estimate about 20,000 square feet which would be about
$100,000 a year.
Mr. Dawkins: $100,000 in two years, that is another $200,000 added to the
purchase price, right?
Mr. Bailey: That's close enough.
Mr. Dawkins: OK, thank you. No further questions, Mr. Mayor.
Mayor Suarez: Any further questions from the Commission on the item?
Mr. Plummer: Yes, Mr. Mayor, for the record, if we find, or at least I'm told
'~ that there was not two appraisals done as normal, that there was only one
appraisal done by the City...
Mr. Fernandez: And one by them.
Mr. Plummer: ... and one by them, but for the record, I want it that the
City's appraisal came in at $1,200,000. I need to know, Mr. Manager, has
there been a price tag placed on item number 4? In item number 4 is to
acquire the property by condemnation. So you know, we are building up in these
little hidden things. If you are paying $2,000,000 for a leasehold interest,
that lady in North Carolina who owns the property is sitting back in...
_. Mayor Suarez: What is the import.., maybe item 4 doesn't get resolved if item
1 does. What is the import of item 4?
=. Mr. Plummer: To acquire the property!
~:
Mayor Suarez: That's what I am asking is, is that something that you need to
~' do, if item 1 passes?
Mr. De Yurre: No, we need to go through the condemnation proceeding to have
full title to the property.
Mayor Suarez: Oh, you mean because of the fee simple?
~~
Mr. De Yurre: Because of the...
_" Mr. Plummer: Sure, if you are not buying the property for the $2,000,000.
Mayor Suarez: Ail right. I gust wanted to clarify what that was.
Mr. Plummer: I need to know what is... Mr. Bailey, the expert.
Mr. Bailey: I missed the question, Commissioner.
Mr. Plummer: The question simply is, item 4 is to condemn the property to buy
in the name of the City. What is the approximately cost that you have in
_ relation to that, what would it cost us now after spending the $2,000,000 to
buy the property?
Mr. Bailey: Let me understand the question. You said, condemnation.
8 February 23, 19$9
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Mr. Plummer: That's shat it says here. It's 700 NE 1st Avenue.
Mr. Bailey: That's all the eame site, I believe. Well, first of all, eve
never contemplated condemnation, but...
Mr. Plummer: Sir, it is here, number four.
Mr. Odio: It's a no department item.
Mr. Plummer: Well, I don't care whose item it is, it is a good legitimate
question. Eventually the City has got to get it in its ownership, or in
private.
Mr. Bailey: All right.
Mr. Plummer: OK, now the question is again, what is the cost factor, and I am
not holding you to any... how can you say $200,000, Mr. Manager, when you are
paying $2,000,000 for fee simple?
Mr. Bailey: No, as we went to condemnation on Camillus House...
Mayor Suarez: Fee simple now.
Mr. Plummer: We are buying the fee simple. We are, it's my understanding,
Mr. City Attorney, Iet me ask you.
Mr. Fernandez: Yes, sfr.
Mr. Plummer: The Studio of Lighting is the acquisition of the property, is
that correct?
Mr. Fernandez: Yes, a fee simple.
Mr. Plummer: OK, now, on the Camillus House itself, item 4, is to condemn and
acquire that property. What is it going to be, in your estimation, the
acquisition cost? - keeping in mind the comparable surrounding and that which
you are just now going to pay in one, two and three for a leasehold interest.
Mr. Bailey: It's going to be quite expensive, Commissioner.
Mr. Plummer: Approximately.
Mr. Bailey: I would say somewhere around $65 a square foot.
Mr. Plummer: Well, that doesn't tell me how many square feet. Is it 10
square feet, 10,000?
Mr. Bailey: Matt.
~', Mr. Matthew Schwartz: According to the appraisal that was received...
Mr. Plummer: Excuse me, for the record, Mr. Schwartz, I thank you sir, for
buying a fax machine and keeping the rest of us Commissioners informed. Go
~' ahead.
Mr. Schwartz: The appraisal that was done by Camillus House, places a value
of $75,000 on the fee simple on par value on the property, Mrs. Ritter, on the
old Studio of Lighting property because of the lease is $5,000 a year to the
year 2045. I believe, and also we had two informal appraisals done by Marks
and Levin. These were verbal appraisals, there is a formula, rather than going
through the expense... this was done about six, eight months ago, and they
both, and S. M. Saul Bennett, both of them indicated that the value was based
on the formula, which is standard procedure. Her value of the property is
about $75,000.
Mr. Plummer: Saul Bennett.
_ Mr. Schwartz: Yea, I know.
Mr. Plummer: Saul Bennett, the man who told us that the FEC property, we
could buy for $12,000,000, that cost us $23,000,000. That's the same Saul
- Bennett?
t
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~~ 9 February 2$, 1989
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Mr. Schwartz: Right, but Commissioner, be aware that Marks and Levin, who the
City has used extensively, and has done a...
Mr. Plummer: Why is the City still using Mr. Bennett?
Mr. Schwartz: Mr. Bennett did this gratis, because as he is a County...
Mr. Plummer: That's no gift.
Mr. Schwartz: ... review appraiser. No, the City didn't pay him, and he...
the point is that the value from three appraisers and of course, the jury can,
you know, if you go to a jury trial, but based on a standard formula, based on
a $5,000 lease payment, the terms of the lease, the value is somewhere between
$75,000, maybe $100,000. The up...
Mr. Plummer: So it is another $100,000, Mr. Manager, on top of all of the
rest.
Mr. Odio: Yes, sir.
Mr. Plummer: So, the real number is not $2,000,000. $2,000,000 is locked.
Then you have the hazardous, roughly $100,000, the acquisition, $100,000 and
it is still building beyond that.
Mr. De Yurre: Well, understand one thing, that the study's about $20,000 or
$30,000, to see if there is any asbestos, or any toxic waste. If there is
found to be any, we have the option of walking away from that purchase.
Mr. Fernandez: Correct.
Mr. Plummer: Well...
Mr. De Yurre: So it isn't that we are committed to doing anything.
Mr. Plummer: Well, but you know, it's strange to me, and I've never heard of
a real estate deal in which the acquiring of the property is one-twentieth of
the cost that we are paying. You know here we are talking about $100,000 to
acquire it.
Mayor Suarez: You know, the longer the lead that the lower value of payments,
the less the fee simple is worth. In some cases it is really almost worth
nothing. If somebody has the right to be in your property far 99 years paying
- almost nothing, then what you've got left is just the hope that they'll
default at some point, is about all you have.
Mr. Plummer: Well, Mr. Mayor, I understand, you know...
Mayor Suarez: Or that you live 99 years, which in your case is a real
possibility.
Mr. Plummer: ... if you take the remaining portion of their land lease, or
their leasehold interest, it comes to about $250,000, that's the years by
$5,000 that they are obligated to pay.
Mayor Suarez: Yes, those are the payments, right.
Mr. Plummer: Right. You know, I am just going to conclude, I don't want, but
to me, I would feel a lot differently if we were moving them out of the area.
The area which we are spending millions of dollars to try to upgrade, we are
only accomplishing moving them from a block and one-half east, to a block and
one-half west. You're still going to have the same problems, I'm sorry. I
don't care what they say, those people are going to be sleeping on the
sidewalk, those people are going to be wanting to be fed and I just think it
is horrendous to allow this thing to remain in that area. I think it is a
rip-off of this City. I think it is detrimental to the social programs and I
want to tell everybody, I am going to be around to remind in June, when all of
these programs that are so beneficial to this community, are going to be told
that they are going to get 10 percent less than what they already have, and it
was not this vote that helped them. I'm sorry, I think this is unfair and I
just don't feel that we can do. As I say, I would feel a lot differently if
they went out of this area, amen!
10 February 23, 1989
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Mayor Suarez: Anything further from the Commission?
Mr. De Yurre: I'd lust like to add, Mr. Mayor, that by the same token that we
keep adding up these costs, we also have to consider the fact that we're
purchasing the land, that ae are not paying it with today's dollars, in fact,
we only have to pay $500,000 up front, and on the balance of the money, the
$1,000,000 and the other $500,000, we are not paying any interest at all on
that money, so it's pretty much a wash. There is no argument to be made about
them having it for $1.00 a year for the next two years.
Mr. Dawkins: Wash, dry, or iron, it is still the same dollars, Mr.
Commissioner.
Mr. De Yurre: We're still saving about $200,000 in interest payments over the
term of this deal. Additionally, it should be noted, so that there is no
misunderstanding on the part of Camillus House, down the road, that this deal
has nothing to do with whatever requirements they may have to build whatever
they want to build on the corner of 3rd and 5th, and we know they have a legal
right to build a hotel there, but they have to be aware of the fact that if
they would ever want additional changes or any variances, they have to go
through the process and that it's something totally disattached from this
deal.
Mrs. Kennedy: Let me just state on the record that on the one hand, I think
that we want to buy Camillus House because we want to make Overtown/Park West,
we want to make it work. On the other hand, we have to be responsible for the
monies that we're going to be losing, be it through State grants or Federal
grants, or extracting something from the developers around the property, who -
will benefit ultimately. We have to make sure that we have monies to make up
for it. _
Mr. Plummer: I guess the only plus item is that it will be next to the Police
Department and we'll save a lot of money in transporting fees.
Mayor Suarez: See if the smile comes over Lt. Longueira's face. Anything
further from anyone? Did you want to make a statement? I entertain a motion
on item 1.
Mr. De Yurre: Move it.
Mr. Fernandez: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: Before you actually pass on any of these items, there are two
requirements that you should be aware of. In the Charter there is a
requirement that before the City enters into a contract and in essence, that's
what number one is, monies have to be appropriated.
Mr. Plummer: Ha hal
Mr. Fernandez: And I don't know whether L-he record is sufficiently clear
where the source of the funding is in terms for the obligation that we are
going to be incurring in number 1...
Mr. Plummer: You did.
Mr. Fernandez: ... 2 and 3, because otherwise, we are not binding ourselves.
Mayor Suarez: Well, clarify the record for me.
Mr. Plummer: Excuse me, the Manager has ,just stated he doesn't have the
money!
Mr. Fernandez: That's why...
Mayor Suarez: Manager, or the City Attorney, clarify the record before we
vote on the item.
Mr. Plummer: Excuse me. Let me lust clarify it, one thing. From your
terminology that you just stated, that you cannot enter into a contract
without the money being appropriated, did I hear you correctly?
11 February 23, 1989
Mr. Fernandez: Yes, let me read to you...
Mr. Plummer: Then that means that you have not... if you haven't identified
the source, or you don't have the money, there is no appropriation of funds
here at all!
Mr. Odio: (INAUDIBLE STATEMENT)
Mr. Plummer: He said no.
Mr. Fernandez: All right, well...
Mr. Plummer: He said we must appropriate it first.
Mr. Fernandez: If the funds are block grants and block grants have already
been appropriated, then...
Mr. Plummer: But not far this source.
Mr. Fernandez: That what the record needs to be very clear. If Community
Development funds are going to be used for any portion of this sale, Federal
law mandates that there be at least two contemporaneous appraisals done on the
property, and that fair market value be paid. While there may be some
flexibility if some other source of funding is used, Community Development
monies have very stringent requirements placed on it.
Mr. Plummer: Well, and there is no appropriation ordinance in any of the four
items and if you are saying that before you can enter and vote on a contract,
that you've got to have the money appropriated, that's not even before us!
Mayor Suarez: Mr. City Attorney, Mr. Manager, give us what we need to have to
act on this matter.
Mr. Fernandez: I am told that block grants have already been appropriated.
Mr. Plummer: There is no appropriation for this purpose.
Mr. Fernandez: No, there is a difference between appropriation and
allocation, perhaps...
Mr. Plummer: You said appropriation.
Mr. Fernandez: Yes, and block grants.
Mr. Plummer: There is no appropriation on this agenda!
Mayor Suarez: Can we pass a resolution subject to appropriation at the
appropriate timer - Or can we not, Mr. City AttorneyT
Mr. Plummer: He said you can't,
Mr. Fernandez: Subject to, you've done it in the past, and it can be done.
The proper...
Mayor Suarez: Thank you. Make the resolution subject to the appropriations
at the appropriate time and let's get on with the business of the running the
City.
Mr. Plummer: OK, just for the record now, so when the lawsuits start flying,
what I am understanding the City Attorney saying, is now backtracking on his
original statement. His original statement was, you cannot approve a contract
without the appropriations ordinance first.
Mayor Suarez: Unless you make it subject to, unless you make the resolution
subject to the appropriations.
Mr. Plummer: That's not what he said.
Mr. Fernandez: Making it subject to, is essence passing it contingent on
making an appropriation. If no appropriation is made... +(
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Mr. Plummer: That's not what you said...
Mr. Fernandez: ... there is no contract.
Mr. Plummer: ... in the original instance. In the original instance, you said
you cannot pass a contract without the appropriations ordinance. NON, that's
pretty clear to me.
Mayor Suarez: Because it pas not subject to the pay it pas stated in the
resolution, but we've now modified ft. OK, do you pant to make it subject to,
Vice Mayor De Yurre? Do pe have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Second. Any further discussion?
Mr. Plummer: But nothing pill transpire until an appropriations ordinance
comes before this Commission, is that correct? Legally.
Mr. Fernandez: Correct.
Mayor Suarez: Call the roll.
Mr. Plummer: Be spare.
The following resolution was introduced by Commissioner De Yurre, pho
moved its adoption:
RESOLUTION N0. 89-190
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO MAKE AN OFFER AND EXECUTE AN AGREEMENT OF _
PURCHASE AND SALE, IN SUBSTANTIALLY THE FORM ATTACHE,
WITH THE BROTHERS OF THE GOOD SHEPHERD, INC. FOR THE -
ACQUISITION OF THE FEE SIMPLE INTEREST AND LEASEHOLD
INTEREST IN THE PROPERTY LOCATED AT 726 NORTHEAST
FIRST AVENUE, MIAMI, FLORIDA WHICH IS MORE
PARTICULARLY AND LEGALLY DESCRIBED ON EXHIBIT A OF THE
ATTACHED AGREEMENT; SUCH OFFER NOT TO EXCEED THE
PURCHASE PRICE OF $1.2 MILLION FOR THE FEE SIMPLE -
INTEREST AND $300,000 FOR THE LEASEHOLD INTEREST IS
SUBJECT TO THE APPROPRIATION OF FUNDS FOR SUCH
PURCHASES; FURTHER AUTHORIZING THE CITY ATTORNEY TO
PROCEED TO CLOSE ON THE SUBJECT PROPERTY AFTER
EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF
OPINION OF TITLE, SUBJECT TO FUNDS FOR THE ACQUISITION
OF THE HEREIN PROPERTY BEING APPROPRIATED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: The statements that I've already made, I vote no.
3. $XECUTE GRANT AGREEMENT WITH BROTHERS OF THE GOOD SHEPHERD, fNC. - for
Camillus House.
Mayor Suarez: Item 2, is this a companion item?
Mr. Plummer: One, two, three and four are companions.
Mayor Suarez: "Executing a grant agreement with the Brothers of the Good
Shepherd, in a form acceptable to the City Attorney," this also obviously has
to be subject to the monies being obtained and appropriated.
Mr. De Yurre: I move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Second. Any discuasionl
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins. _
Mr. Dawkins: I want to put in the record that I think it is unfair to the
voters of the City of Miami to purchase land from the Camillus House and allow
the Camillus House to stay there for $1.00 a year, when they are not giving me
no break in the purchase price of their land. Put that in the record.
Mr. Plummer: They're giving you a break all right, they are breaking your
bank!
Mayor Suarez: Any further discussion? Item 2, call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption: _
RESOLUTION N0. 89-191
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE BROTHERS
OF THE GOOD SHEPHERD, INC. IN SUBSTANTIALLY THE
ATTACHED FORM AND IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR AN AMOUNT NOT TO EXCEED $500,000 TO BE
PAID IN ANNUAL INCREMENTS OF AT LEAST $100,000,
SUBJECT TO THE APPROPRIATION OF SUCH FUNDS, FOR A
PERIOD TO COMMENCE ONE YEAR AFTER THE ACQUISITION OF
THE PROPERTY LOCATED AT 726 NORTHEAST FIRST AVENUE,
MIAMI, FLORIDA WHICH IS MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBIT A, WHICH PERIOD
SHALL NOT EXCEED FIVE YEARS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: For the same reasons, I vote no.
14
;~ <'
4. ISSUE REVOCABLE PERMIT TO THE BROTHERS OF THE GOOD SHEPHERD, INC. -for
use of Camillus House.
-------------------------------------------------------------------------------
Mayor Suarez: Item 3 is a revocable permit for period to commence upon _
acquisition and for 24 months thereafter, obviouslq, subject to all the other
conditions of the acquisition that have been built into item 1 and 2, by self-
evident proposition.
Mr. De Yurre: Move it.
Mr. Plummer: What is the time frame in the revocable permit?
Mr. Fernandez: Twenty-four months.
Mayor Suarez: Twenty-four months after the acquisition.
Mr. Plummer: But if it is within 30 days, at any time of time of
noncompliance?
Mr. Fernandez: Yes, correct.
Mr. Plummer: Thirty days?
Mr. Fernandez: Yes.
Mayor Suarez: Is it clear, Mr. City Attorney, and I think Commissioner brings
an interesting point, that if by any chance this acquisition does not take
place, they don't have a revocable permit, with no payment, or nominal payment
for two years?
Mr. Fernandez: We wouldn't be in possession of the property, aad so we
wouldn't be in a position to give them anything. They'll continue to own it.
Mayor Suarez: OK, so you are OK on that legally?
Mr. Fernandez: Sure.
Mayor Suarez: I hate to have to give them two years. Well, I guess it
wouldn't be our property, so it wouldn't matter.
Mr. Fernandez: No, right.
Mayor Suarez: OK, we have a motion on item 3?
Mr. De Yurre: Yes.
Mrs. Kennedy: Second.
Mayor Suarez: Second.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Same thing about the rental, I don't think that we should allow
them to stay there free when we're paying them top dollar for their property,
that's my opi nion, and I definitely do not think the City of Miami should pick
up the tab to say that the land that they are purchasing is environmentally
free, that's their job.
Meyor Suarez:
- OK, any further discussion? Call the roll on item 3.
~~
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The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION N0. 89-192
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REVOCABLE PERMIT, IN SUBSTANTIALLY THE FORM ATTACHED,
TO THE BROTHERS OF THE GOOD SHEPHERD, INC. FOR USE OF
THE PROPERTY LOCATED AT 700-726 NORTHEAST FIRST
AVENUE, MIAMI, FLORIDA WHICH IS MORE PARTICULARLY AND
LEGALLY DESCRIBED ON EXHIBIT A OF THE REVOCABLE PERMIT
ATTACHED HERETO, FOR A PERIOD TO COMMENCE UPON THE
CITY'S ACQUISITION OF THE SUBJECT PROJECT AND EXPIRE
TWENTY-FOUR (24) MONTHS THEREAFTER, FOR A FEE OF $1.00
PER YEAR.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Well, you know, to Little Havana Activity Center, to Miami
Jewish Home for The Aged, to St. Alban's Day Care Center, I feel sorry for
you! I tried. I vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Suarez: I want to say by the criteria that we have established for
Community Development Block Grant social services monies, this is awfully high
on our criteria list, Commissioner Plummer, those are your criteria, food and
health, and I can't imagine...
Mr. Plummer: No question, Mr. Mayor, and...
Mayor Suarez: But I know you object to the fact that's it's being done in
advance of the determination of the other ones. I know that.
Mr. Plummer: Well, and the problem that I have, you know, we have the people
come here in June, as you've heard for the years that you served as Mayor,
that they can't survive without an increase, and here we are faced, and one of
things I am going to ask in a motion as soon as item 4, which is the last
item, is that each one of these people have to be notified immediately that
they're looking at, without question, a ten percent cut in their fund, because
under Federal guidelines, Mr. Mayor, you are locked into 15 percent of the
monies that we get for social purposes and that's really... a lot of people
are going to be affected by that.
5. APPROVE IN PRINCIPLE NEGOTIATIONS TO ACQUIRE CAMILLUS HOUSE - by way of
purchase, and if such negotiations were to prove unsuccessful, then by
way of condemnation.
Mayor Suarez: Item 4 is the fee simple acquisition of the rest of the
property. I entertain a motion on that.
Mr. De Yurre: Move it.
Mayor Suarez: That is an acquisition by way of purchase or condemnation, so
that we know that...
16 February 23, 1989
Mr. gernandez: That's right. Mr. Mayor, in order for you to oven consider
condemnation, there has to be a public purpose established and that would be
the subject of a public hearing that is scheduled to take place in March,
ao...
Mayor Suarez: What can we do at this point on item 4? Do you want to resolve
that if we cannot acquire it, that we should take the steps necessary for
condemnation? Does that make sense?
Mr. Plummer: We've already done that.
Mayor Suarez: Is that the fee simple?
Mr. Fernandez: Right now you could do a motion in principle, instructing us
to look at those as viable alternatives, either the outright...
Mayor Suarez: No, that's not the motion that I would entertain, or that I
would make. The motion would be that we try to acquire it by purchase and if
we cannot, that this Commission be on record as favoring condemnation of the
property.
Mr. Fernandez: Once a public purpose has been established.
Mayor Suarez: With all the requirements a condemnation carries.
Mr. Fernandez: That you can do.
Mayor Suarez: OK, I entertain such a motion.
Mrs. Kennedy: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION N0. 89-193
A MOTION APPROVING IN PRINCIPLE NEGOTIATIONS TOWARD
ACQUIRING THE PROPERTY LOCATED AT 700-722 NE 1ST
AVENUE BY WAY OF PURCHASE, AND IF SUCH NEGOTIATIONS
WERE TO PROVE UNSUCCESSFUL, THEN BY WAY OF
CONDEMNATION, AT WHICH TIME THE ADMINISTRATION SHALL
_~ SCHEDULE A PUBLIC HEARING ON THE PUBLIC PURPOSE OF
SAID CONDEMNATION.
Upon being seconded by Commissioner Ds Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: If I understand correctly, now that we've blown $2,000,000, and
we cian't have the property, I think I would have to vote yes to try to acquire
it as my responsibility to put it in City ownership. It does not...
Mayor Suarez: That's so we'd have the whole thing, make it a lot easier to
dispose of it.
Mr. Plummer: That is correct. You know, to pay $2,000,000 without acquiring
the property, if we can acquire the property...
Mayor Suarez: The fee simple.
17 ~'sbrua~y 23, ~4~9 . ~:
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Mr. Plummer: ... for $75,000, I'll vote yes, because it is in principle, but I
think that once ae've got rid of this other money, that we've got to acquire
it for City reasons.
Mr. Dawkins: As just fodder and verbiage, we always know that land over
there, when you condemn it, is a premium.
Mr. Plummer: Well, excuse me...
Mr. Dawkins: A gentlemen bought a lot for $15,000 and we condemned it and
vent in there and the courts made us pay $150,000 for that parcel, and I don't
see how I can sit here in good faith and say, with property going up and up in
that area, that I could vote to take it by condemnation knowing that we would
have to pay whatever the courts decide it was worth to the person who you are
condemning it to take it from.
Mr. Plummer: In defense, Commissioner Dawkins, this is a motion in principle.
We'll never know what the price is if we don't pass this motion to start the
process of getting an appraisal. I'm not voting to buy it, but I think this
is the process that we've got to proceed to know what the value of that
property is and then I will decide whether I feel that the purchase price is
legitimate or not.
Mayor Suarez: Does the resolution carry a purchase price in case we acquire
it by purchase as opposed to condemnation?
Mr. Plummer: No.
Mayor Suarez: No?
Mr. Fernandez: No.
Mayor Suarez: So, basically we are authorizing you to do what presumably had
been gone on already. We'll just negotiate and bring it all back to the
Commission.
Mr. Fernandez: Right.
6. 1989 CARNAVAL MIAMI 8-K RUN AND BIKE DASH: Amend Resolution 88-357 -
change location to Downtown and grant permit for fireworks at Bayside
until midnight March 11, 1989.
------------------------------------------------------------------------------
Mayor Suarez: Item 5, Department of Community Development, concerning the
1989 Carnival Miami street closures.
Mrs. Kennedy: Move it.
Mayor Suarez: It has been moved, bike dash. Bike dash? We've got a bike
dash this yearl
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded.
funding, I presume?
Any discussion? It does not imply any
Mr. Odio: No, sir.
Mayor Suarez: Please clarify it to the entire world and as a way of doing a
little bit of public relations, that this particular festival does not receive
City funding and that's what we hope will happen in many others, otherwise our
festival policy doesn't work and we congratulate you, former Miami City
employee, Rafael Licea, for carrying this on in such an effective manner. How
many people do you expect this yearl
ii Mr. Rafael Licea: Over a million. I have ene question on the resolution.
Mayor Suarez: Put your name on the record, Rafael.
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18 February 23, 1989
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Mr. Licea: My name is Rafael Licea, executive director, Kiwanis Club of
Little Havana. We have the OK from the City through the original resolution
to have fireworks at Vizcaya, which is the same day, practically the same -
time, as something would be happening at Bayside. We also want to do -
fireworks at Bayside. Would that OK at Vizcaya cover? OK, then we would like
to add that, if it's possible at this point, to go beyond whatever the time
is, I think it is 10:00 o'clock or 11:00 o'clock, or something. _
Mr. Plummer: What time are you asking to go to?
Mayor Suarez: Yes, how much beyond?
Mr. Licea: I think it is... you usually give us the OK until, no, 12:00, I
think, 12:00. You know, they shoot them from the...
Mr. Plummer: Ask the Mayor, he lives across the street.
Mayor Suarez: Yes, that's why I was asking. Are you talking about Vizcaya,
or for the other location?
Mr. Licea: No, Vizcaya we got it.
Mayor Suarez: OK.
Mr. Licea: What we are looking for is that we also will be doing it from
Bayside, or in the Bayside area.
Mayor Suarez: Have we done it, Mr. Manager, somebody that knows, how we do it
in the past, have we done it until 12:00 p.m., fireworks at locations like
Bayside, by special resolution of the Commission.
Mr. Castaneda: I don't recall the exact time, but it...
Mayor Suarez: That's what we are trying to find is the time, not your
philosophy of fireworks.
Mr. Castaneda: You can say the same time as Vizcaya.
Mayor Suarez: We don't know either one, so we vote without knowing either
one.
Mr. Licea: The reason...
Mayor Suarez: Very helpful this morning, Mr. Castaneda. .
Mr. Licea: I'm not sure. It's...
Mayor Suarez: Why is Wally Lee laughing back there? He's not helping us any.
What time do these things go on? Now, somebody's got to know! Public Works,
Don? You've been around.
Mr. Licea: Mayor.
Mayor Suarez: When we extend the fireworks? Joe, maybe you know, Lieutenant?
Departments, how far do we go? I don't want to go any further than we've ever
gone before, because the neighbors are used to...
Mr. Don Cather: Fire Department usually issues the fireworks permits.
Mayor Suarez: Is there anyone from the Fire Department here? OK, if we don't
have anybody, I'm going to postpone consideration of this item. We're not
going to sit around...
Mr. Odio: The time that I remember was 11:00 o'clock. You could not go
beyond that unless you had special permission from the Commission. _
Mayor Suarez: What day of the week is it, by the way, Rafael?
Mr. Licea: It's a Saturday, and you know, they do them from the port and they
explode over the $ayside area. The point is that there is a live television
show going to be transmitted from there, broadcast, through the Telemundo
network, and because it's live, it is going to have to be pretty precise in
the time, It is supposed to be a three hour show, which means that it will be
shown at 11:00, but you know, it could be 11:00 sharp, and if this happens at
the end.,.
Mayor Suarez: What ie, from the Police Department perspective, what is the
effect of doing it to 12:007 No mafor problems at that location? OK, I'll
entertain a motion to allow the permit then, for the fireworks at Bayside to
go until 12:00, 12:00 a.m., actually is what it ends up being, 12:00 midnight.
Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION N0. 89-194
A RESOLUTION AMENDING SECTIONS 1, 4 AND 5 OF
RESOLUTION N0. 88-357, ADOPTED APRIL 14, 1988,
CONCERNING THE 1989 CARNAVAL MIAMI 8-K RUN AND BIKE
DASH TO BE CONDUCTED BY THE KIWANIS CLUB OF LITTLE
HAVANA ON MARCH 11, 1989, THEREBY CHANGING THE
LOCATION OF THE SAID EVENTS FROM SOUTHWEST EIGHTH
STREET TO BAYFRONT PARK AND DOWNTOWN MIAMI AND
RELAXING THE TIME LIMITATION ON FIREWORKS DISPLAY IN
DOWNTOWN MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: What day - what's the date on that?
Mayor Suarez: It's a Saturday night.
Mr. Licea: Mazch 11.
Mr. Plummer: That's on a Monday? No, it's...
Mr. Licea: Saturday, Saturday.
COMMENTS MADE FOLLOWING ROLL CALL•
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Mayor Suarez: Talking about fireworks, does anybody know what the explosion
that we heard last night around 10:30-11:00 o'clock close to my house was?
Did you get any reports, Lieutenant, or Mr. Manager?
Mr. Plummer: I didn't hear anything.
Mrs. Kennedy: I didn't hear it.
Mayor Suarez: Maybe it was closer to my house than yours then.
20 Februarq 23, X989
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Mrs Licba: Thank you very much.
Mayor Suarez: Thank you, Rafael, and congratulations again.
7. EXECUTE AGREEMENT WITH UNIVERSITY OF MIAMI - for sale of 12,000 cubic
yards of excess fill material from Virginia Key - earmark money for
trees and benches at East Bay Vista Park.
-------------------------------------------------------------------------------
Mayor Suarez: Item 6, authorizing the City Manager to execute an agreement...
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Seconded.
Mr. Dawkins: Under discussion.
Mayor Suarez: Under discussion, Commissioner Dawkins.
Mr. Dawkins: I'd like to have that money earmarked to put trees and benches
in East Bay Vista Park where the neighborhoods are trying to do something so
that they could sit out in the afternoons in the neighborhood and move around.
It's at 47th and 8th between 47th Street and 47th Terrace and N.W. 8th Avenue.
Mayor Suarez: That would be about $24,000 we expect to make on this; 12,000
cubic yards at $2.00 per cubic yard?
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Mr. Jim Kay: Yes, $24,000.
Mayor Suarez: Twenty-four thousand dollars. Do you want to build that into
the motion?
Mr. Dawkins: I would move that we sell this fill and earmark the money for
Bay Vista - East Bay Vista Park to work with the neighbors in upgrading the
park. _
Mayor Suarez: She hammered you pretty hard the .other night at the neighbors
meetings.
Mr. Dawkins: Right. '
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Mayor Suarez: You're coming through very quickly here. OK, so moved. Do we
have a second? _
Ms. Hirai: Yes, sir. ,: •~
Mr. Plummer: Yes, on the sale of the soil? '=
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Mayor Suarez: He wants to earmark the funds also as part of the motioa for
the improvement of the park at forty...
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Mr. Dawkins: Forty-seventh Street and 47th Terrace. ,,-
Mr. Plummer: Oh, that's fine.
Mr. Dawkins:
Eighth Avenue. t=
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Mayor Suarez: Call the roll.
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The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-195
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, WITH THE UNIVERSITY OF MIAMI, FOR THE
SALE OF APPROXIMATELY 12,000 CUBIC YARDS OF EXCESS
FILL MATERIAL FROM VIRGINIA KEY AT THE PRICE OF $2.00
PER CUBIC YARD, LOOSE MEASURE; FURTHER AIRECTING THAT
SALE PROCEEDS BE USED TO FUND THE C05T OF PLACING
BENCHES AND PLANTING TREES IN BAY VISTA PARK LOCATED
AT 4850 NORTHWEST 6TH AVENUE IN THE CITY OF MIAMI.
(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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
8. 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION: Instruct
Administration to notify all affected social service agencies that there
will be a 10 percent reduction in funding this year from the amount
previously received from the City.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, I had asked before, I'd like to pass a motion at this
= time that the City Manager be instructed to notify all social agencies that
receive funding from the City of Miami and I assume that the number if 10
percent, that they will be looking at a 10 percent less funding this year than
~ last and I think it's only... excuse me?
Mr. Odio: Why ten percent?
Mr. Plummer: Because of the hundred thousand dollars that's coming out of a
million, that's ten percent.
Mr. Odio: Oh, OK, sure.
^
Mayor Suarez: Yes, it's an estimate out of typical amount that we get which
is about a million.
Mr. Odio: Sure. ^
a
Mr. Plummer: To me, it is only fair that these people should and must be put
on notices so they can deal accordingly and I would so move.
Mayor Suarez: So moved. Do you need a motion on that? Would you send .that
letter out and I think that make a lot of sense.
Mr. Plummer: OK.
Mr. Dawkins: Second. ~-
Mr. Plummer: Fine.
,~
Mr. Dawkins: He moved it and I seconded it.
22
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Mayor Suarez: OK, call the roll on the motion. Make it formal.
The following motion was introduced by Commissioner Plummer, Mho taoved
its adoptions
MOTION N0. 89-196
A MOTION INSTRUCTING THE CITY ADMINISTRATION TO NOTIFY
ALL OF THE AFFECTED SOCIAL SERVICE AGENCIES IN THE
CITY OF MIAMI THAT AS OF THIS MOMENT THEY ARE LOOKING
AT A 10 PERCENT REDUCTION IN FUNDING FROM THE AMOUNT
PREVIOUSLY RECEIVED FROM THE CITY IN CONNECTION WITH
THIS YEAR'S 15TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT ALLOCATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AT THIS POINT, IT WAS ANNOUNCED THAT ITEMS
7, 8 AND 9 WERE WITHDRAWN FROM THE AGENDA.
9. ZONING BOARD APPOINTMENT: Brief discussion
Mayor Suarez: We go to item 10. The other ones are being withdrawn.
Mr. Dawkins: No seven?
Mr. Plummer: Wait a minute, ten?
Mr. Dawkins: Seven, got seven, eight and nine.
Mr. Plummer: What about seven?
Mr. Odio: They have been withdrawn.
Mayor Suarez: I've got withdrawn on 7, 8 and 9. Probably there was no
publication on the member of the Zoning Board. I don't know who's appointment
it is. Whose appoint is it? Was there no publication, is that why it's being
pulled?
Mr. Dawkins: Mine and I carried the guy over there to fill out his
application.
Mayor Suarez: Anyone from the department in question that knows why this is
being withdrawn? I presume it's lack of publication, but I...
Mr. Dawkins: Somebody, anybody. George Sands.
Mayor Suarez: That was a reappointment too, wasn't it?
Mr. Dawkins: Um hum, yes. The first time they didn't have it in and I walked s
away with him and we turned it in and now...
Mr. Aurelio Perez-Lugones: Commissioners, there was a problem with the,,.
23 February 23, 1989
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Ms. Hirais $xcuse me, would you turn the mike on?
Mr. Perez-Lugones: It doesn't work. There was a...
Mayor Suarez: Use another mike, please. Don't get into a discussion about
what's going to make the mike work. Grab one that does.
Mr. Aurelio Perez-Lugones: Commissioners, as I understand it from a
conversation with the Law Department, there was a problem with the
publications of - and the response that we had to the ad. I don't remember
exactly all the details.
Mr. Dawkins: OK, hold it, hold it. Like the Mayor say, we got a long agenda.
What do we have to do to correct this?
Mr. Lugones: Order a new publication, that's all.
Mr. Dawkins: Beg pardon?
Mayor Suarez: Well, please inform us fn the next few minutes.
Mr. Dawkins: Tell us now what we have to do so we can get rid of it.
Mayor Suarez: Do you want to order a new publication?
Bob Clark, Esq.: Mayor.
Mayor Suarez: Yes, Bob, somebody, help.
Mr. Clark: The secretary that is responsible for this has always treated each
publication as a free standing solicitation. Unfortunately, the candidate or
the applicant who filed late for the last publication, did not f ile in
response to this current publication. There were no responses for the Zoning
Board, there was one for the Planning Advisory Board.
Mayor Suarez: And the prior submission would not count for this?
Mr. Clark: The prior submission, as far as we're concerned, will have to be
considered and they intend to bring back... Zoning Board members continue to
sit until their successor is appointed. So Mr. Sands is still on that board.
At the next meeting, I'm told, that they will bring back to you for
appointment, one member to the Planning Advisory Board and one member to the
Zoning Board and that's my understanding of it.
Mayor Suarez: Well, give us whatever we need to do to make sure that they
next Commission meeting it'll finally be resolved, please, as to the...
Mr. Clark: I'm assured that that's what's going to happen.
Mayor Suarez: And make sure that it's as to the appointment that the
Commissioner intends to make and not someone else that has a prior submission.
And it's Mr. Sands.
Mr. Clark: There will be no second publication. Mr. Sands' name will be
submitted to you at the next Commission Meeting for appointment.
Mayor Suarez: Thank you. Do we need a motion on it?
Mr. Fernandez: No.
Mayor Suarez: No.
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10. FIRST READING ORDINANCfi: Amend Code Chapter 42 entitled "Police" -
establish definition of towing, procedure for suspension and revocation
of license and basic towing rate, and allowable auxiliary services.
Mayor Suarez: Item 10, Vice Mayor De Yurre. Update on towing legislation.
Mr. De Yurre: Mr.. Mayor, on this towing legislation that we passed a few
weeks ago, we have had repeated calls and information coming in that this
ordinance, the spirit of the ordinance is being violated throughout. In fact,
where's Miss Leiva? Do you have the thing from Magnum Towing, what...
Vicky Leiva, Esq.: Yes, we do have copies of them available.
Mr. Dawkins: Thank you.
Mr. De Yurre: What they're doing, Mr. Mayor, and Commissioners is that
they're taking administration fees and making up and in fact probably
exceeding what they used to make before which was abusive to begin with. And
they're adding initial processing fee $25.00, police I.D. search twenty-five,
certified letters $25.00...
Mayor Suarez: I thought we had made it clear that the fees permitted would be
exhaustive and no others could be invented. Didn't we build that into the
legislation?
Ms. Leiva: Not that as specifically.
Mayor Suarez: Can we be more specific, is that what you'd like, Mr. Vice
Mayor?
Mr. De Yurre: Yes, sir.
Mayor Suarez: Do we have wording to make it that much more specific?
Ms. Leiva: You have a proposed wording in front of you right now, Mayor.
Mayor Suarez: We have the proposed wording in front of us. OK and you're
satisfied that it will be specific that no imaginary fictional new device that
fees can be charged other than what the ordinance calls for?
Ms. Leiva: We have allowed for a $12.00 administrative fee which is
consistent with what we have on the public tows.
Mayor Suarez: That's what we did last time. Have you now corrected the
legislation to make sure they don't come up with other fees which is what the
Vice Mayor is talking about?
Ms. Leiva: Yes. We do have a statement that there will be no other fees of
any kind for the release of a vehicle to its owner after towing.
Mr. Plummer: OK, but you see, if you look at this, what I'm looking at, this
goes beyond the owner recovering his car. For example, I got to believe that
the tow company is entitled if they have to go to a public auction, to sell
that car, that they are entitled to some monies for that preparation of the
sale.
Ms. Leiva: Absolutely, but that would be...
Mayor Suarez: Have we provided for that?
Mr. Plummer: No, you're...
Ms. Leiva: ... that would be beyond the basic tow which is what that section
addresses.
Mayor Suarez: I have no bones to pick with the auction - cost that they have
to auction.
25 FAbruary 23, l9$9
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Mr. De Yurre: No, no that`s...
Mr. Plummer: Let me - is there a definite, by law, how long storage kicks in,
the auction of the car?
Ms. Leiva: Forty-five days.
Mr. Plummer: After forty-five...
Ms. Leiva: Yes.
Mr. Plummer: In other words, if the owner doesn't claim it in 45, they can do
whatever they want.
Ms. Leiva: Correct, and that is by law.
Mr. Dawkins: You know, it's amazing how a $5.00 processing fee for us becomes
a kick back. But ahen they rip people off for processing fees, you know, it's
a fee.
Mr. Plummer: It's $25.00.
Mr. Dawkins: You know, and - now this is one guy I hope his thing comes up
for renewal in a hurry, King Wrecker, see, because I have something for him in
store for him.
Mayor Suarez: That's a good question, do they have any City contracts? The
one that he's looking at that we're all looking at?
Ms. Leiva: No, Magnum does not have a City contract.
Mayor Suarez: OK, just...
Mr. Dawkins: OK.
Mr. De Yurre: How about this one, what's this King Wrecker?
Mr. Dawkins: All right, now, the other thing is, as Commissioner De Yurre
said, I've got letters and especially a complaint against the parking lot next
to the court house. Now, people go down at night to pay their night parking
fee and it's a big sign up there that says, Parking. Now, I've looked at it.
And under there is a sign about this big that say Tow Away. Now we need to
... somebody needs to correct that, OK? And then everybody goes in and pay a
$5.00 parking fee and comes out and loses $130.00 to go get his car. Now, we
are perpetuating the rip off. Now, I don't know and I believe Magnum is the
towing company, I believe, I don't know who it is. Let him speak in the mike
if he`s got something to say. Well, OK, now, is this what we want done? Are
you sure?
Mayor Suarez: OK, are you satisfied as to the legal wording?
Ms. Leiva: Yes, and this will be a first reading, so we do have 30 days to...
Mr. Dawkins: Second, this is the first reading. Now how, now see - we still
are not rewarding the guys who cooperating with us and punishing the ones who
are not. We're still lumping them in all together. Now, how can we weed out
and for the lack of a better word, help the guys who are helping us to do
this, and stop the guys who are hurting us?
Mayor Suarez: One way is to get a good track record of the private ones and
when we do any renewal of the ones that the City contracts for, we only
consider those and this one may be one to exclude right off the bat.
Ms. Leiva: Also, under 4278 in this chapter, we have the right to request a
hearing from the City Manager and go ahead and have a full hearing under 31.25
to revoke and suspend licenses for violations of this chapter and I think we
will actively be looking at that area.
Mr. De Yurre: Mr. Mayor, I'll move that we adopt the changes to this
ordinance as presented today.
• •
Mayor guarez: Moved and seconded. Anq discussion? Read the - do Me haws an
ordinance modification drafted?
Mr. Fernandez: Yes, we do.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING CHAPTER 42, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE",
ESTABLISHING DEFINITION OF TOWING, PROCEDURE FOR
SUSPENSION AND REVOCATION OF LICENSE, AND BASIC TOWING
RATE AND ALLOWABLE AUXILIARY SERVICES; AND
PARTICULARLY AMENDING CITY CODE SECTIONS 42-74, 42-78,
42-79 AND 42-80; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following note:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: For legal reasons, this is not a scheduled ordinance on the
agenda, it's for discussion, we can pass it on first reading?
Mr. Fernandez: Yes.
COMMENTS FOLLOWING ROLL CALL:
Mr. Plummer: Mr. Mayor, I asked the City Manager when this matter came up
before to report back to this Commission within 30 days which it's been more
than that, the justification of why this ordinance should not be administered
by GSA rather than the Police Department.
Mayor Suarez: Very good. Very good point.
Mr. Plummer: I have not heard any justification as requested, to free up the
policemen to go back and do police work and not this kind of a situation. I
just think that we need the policemen to do other work rather than this what
can be administered easily by GSA.
Mr. Odio: I believe I saw a memo from the Chief of Police.
Mr. Ron Williams: Commissioner Plummer, there are various aspects of it and
we've done...
Mr. Plummers I'll wait for your report in March.
Mayor Suarez: You might want to consider other departments too; Soiid
Waste...
Mr. Plummer: We're short of policemen, this is a good way to get some of then
freed up.
Mayor Suarez: You got it.
27
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11. THE TREASURE CHEST STORE: Discussion of loan request by Joyce Sfia11 in
the amount of $18,000 (See label 28).
Mr. Plummer: Wait a minute, what happened with S-1?
Mayor Suarez: We just did that.
Mr. Plummer: What did we do with it?
Mayor Suarez: I'm sorry, S-1, you're right, S-1.
Mayor Suarez: S-1, Misa Joyce Small of the Treasure Chest to discuss a loan
for her business.
Mr. Plummer: Is she present?
Mayor Suarez: Yes, she's approaching the mike.
Mr. Dawkins: No, right here.
Mayor Suarez: That's fine.
Mr. Dawkins: Go ahead, name and address and state your problem.
Ms. Joyce Small: My name is Joyce Small and I own the store the Treasure
Chest Collection on 3196 Commodore Plaza and my problem is I have a store
there and I was doing fine and everything and the store was going along fine
and each time the City kept sending in different inspectors and each time they
sent it in, they sent in different sets of inspectors. The Fire Department
sent in about four or five sets and they kept changing different things that
had to be done, they said one guy was tall so he said cut off this top, when I
go up this stairs and the next set come in and they said, well you don't need
a fire alarm. Well, yes, you need a fire alarm, well, no, because you've got
sprinklers and it just went on and on so that kept all my - yes, all my - I'm
losing, wait a minute - all of my openings had to keep being postponed,
postponed so I lost many people that were in my store because it's a handcraft
store and they said, well, you're not opening, look, you're going back and
forth and this and that and so I lost many people and then my landlord came
for the rent that we would have had if we could have done what we were going
to do if the City hadn't have kept sending different...
Mr. Dawkins: Mrs. Small, let's see if we can cut through this. Frank.
Mr. Frank Castaneda: Yes, Commissioner.
Mr. Dawkins: Mrs. Small is attempting to open a business. She applied to
Miami Capital, does she apply to CD also?
Mr. Castaneda: No, she did not. I understand that she applied at Miami
Capital for a loan for about $150,000.
Ms. Smalls Well, yes, but that was before.
Mr. Dawkins: OK, now she needs, what is it, $18,OOOT
Ms. Small: Uh huh.
Mr. Dawkins: Now she needs $18,000. Miami Capital says because she is trot is
the target area, she cannot get it. Will you meet with her and see if we can
identify $18,000 for her on a short term loan or what. If you can't, at the
next meeting I will have this back here and just like we're going to fiad
$150,000 or whatever we find in the back of Miller's house, I want to find
$18,000 for her. Go with him, please.
Ma. Smalls I wanted to have my son-in-law... ~'
Mr. Dawkins: Wall, I tell you, go ahead, you're going to lose c-otuaat~lm, ,~o -
ahead, Mayor, go ahead, Mayor, go over there. "
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28 F4br~at~- ~3, ~9~5
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Mayor Suarez: OK...
Mr. Deakins: All right, thank you, Mr. Mayor.
Mr. Plummer: Be a hot dog vendor, the City will give you everything.
Mayor Suarez: Thank you, Commissioner
NOTE FOR THE RECORD: AT THIS TIME, IT WAS ANNOUNCED THAT ITEMS S-
2 AND S-3 HAD BEEN WITHDRAWN.
12. CHALK'S AIRLINES: Brief discussion on ownership.
------------------------------------------------------------------------------
Mr. Dawkins: We're going to bring back Chalk Airlines? OK, may I ask one...
Mrs. Kennedy: We're going to bring back a discussion.
Mr. Dawkins: May I ask one thing, Madam Commissioner? Mr. Mayor - I mean,
I'm sorry, Mr. Manager, when you bring Chalk Airlines for discussion, have for
me who owns Chalk Airlines. Find out if the owner has written Chalk Airlines
off as a loss against his, her or its profits in previous years and if so, let
me know. OK1 I need to know who owns Chalk Airlines. If it's owned by
Chalk, I got no problem. But if it's owned by somebody else, I want to know
the... and see if you can get their financial status for the last five years
so I can see if they wrote Chalk Airlines off as a loss while they were not
paying any rent to the City.
Mr. De Yurre: And also at the same time, I'd like to find out, as far as
you've been hearing a lot about what it means to the community, I'd like to
know what they give to the community. What do they do with children? Do they
bring inner-city kids to find out about the history, about the seaplanes and
all that kind of thing? I just want to know how committed they really are of
their commitment to the community is directly connected to their economic
benefit of operating their seaplanes for their offshore businesses. Thank
you.
Mr. Plummer: Victor, is your office filled with seaplanes out of paper or
regular planes?
Mr. De Yurre: They're pretty regular. They don't have wheels so I guess you
could consider a seaplane.
13. OVERTOWN SHOPPING CENTER: Discussion on. status.
Mayor Suarez: Item S-4, status of the Overtown Shopping Center. How are we
doing on that? The last time you gave us one of the world's most subtle and
complicated answers to a very simple question. Which is when - cuando - are
we going to open Overtown Shopping Center? You were worse than John Blaisdell
last time and that's...
Mr. Plummer: That's a low blow.
Mayor Suarez: Worse than the Speaker of the House of Representatives of the
State of Florida when he goes into his calibration and validation and
triangulation as he did the other day in Tallahassee. I thought I was going
to die.
79
:> 8ebruary ~3, 1~8Q
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Mr. ~tbn Williams: Let roe do it a little different then, Mr. Mayor, and say
that I don't know.
Mayor Suarez: I was afraid that's what qou meant last time, you see.
Mr. Williams: Obviouslq, this is a process that's jointly being handled
between the Mr. Gary's group and the City...
Mayor Suarez: The operator and us?
Mr. Williams: Yea, we are aggressively pursuing our part of it, that is,
making those necessary renovations and repairs within the store to make it
ready for them. The actual openfng decision will have to be made once we -
transfer it to them. We would expect that... -
Mayor Suarezs Well, not totally now, they're under contract with the City
which means when it's ready, we tell them you got to open it. You don't just
wait for them to decide in their own good time when they want to begin.
Mr. Williams: That's absolutely right, the contract does provide for that,
but at this point and forward for the next month, we will certainly complete
with the best of our ability, those aspects of the store that require
construction activities.
Mayor Suarez: What remains for us to do meaning the entire City collectively,
Public Works, and everybody else...
Mr. Williams: For the entire City.
Mayor Suarez: ... can be done in the next month, meaning the next 30 days?
Mr. Williams: Yes, what we're doing with that, Mr. Mayor, just more
specifically, we are contracting for those structural changes that need to be
made on the front. That is, an additional door.
Mayor Suarez: Can we do it in the next 30 days?
Mr. Williams: We're hoping so. We've got the proposals now.
Mayor Suarez: And then after that, what, if anything, is missing?
Mr. Williams: That's basically it, we've taken care of the interior, there's
one piece of it...
Mayor Suarez: OK, from the operators standpoint, what, if anything, would be
missing at that point?
Mr. Williams: There's one piece of it that addresses a major piece of work
that needs to be done inside that I'm going to negotiate with our lessee to
try and at least delay. I don't think that what's re.., that particular item
deals with...
Mayor Suarez: What is that piece? What is the item?
Mr. Williams: Restrooms. It deals with restrooms.
Mayor Suarez: What is that county truck doing parked in the middle of the
shopping center there on the sidewalk there?
Mr. Williams: They generally park that there for security purposes at night.
As you know, we have roll up screen doors on both ends of that aisle way there
and they essentially leave it in there during close hours so that it can be
secure.
Mayor Suarez: Hopefully, when it begins operating, we won't have a county
truck parked in the middle of a shopping center.
Mr. Odio: Now that we're discussing this, I did get a letter from Howard Garq
which makes a lot of sense...
Mr. Williams: Yea.
30 February 29, 198Q
Mr. Odio: ... I sent a copy to you that we limit the number of social
agencies we place in the Overtown Shopping...
Mr. Williams: Yes.
Mayor Suarez: Absolutely, absolutely. I mean, this is a little bit like a
$ayside, I mean, we can't have every facility there be a social agency.
You're supposed to have some commercial activity.
Mr. De Yurre: Right now, we're talking to Southern Bell as far as putting an
office there which that, in and of itself, adds to the traffic flow of that
shopping center. But additionally, we're talking about something here that I
think should concern us all. This thing about having to put a truck in the
middle of the night. You know, if we'r.e talking about putting the
ministation, police station, there...
Mr. Williams: They're there at this point, Commissioner.
Mr. De Yurre: Twenty-four hours a day?
Mr. Williams: I don't know their work, I don't know their hours.
Mayor Suarez: Somebody maybe ought to tell that truck that it's in violation
of our laws that say you can't park on a sidewalk or inside a building,
whatever it is.
Mr. De Yurre: How many hours are they open?
Lt. Joseph Longueira: Eight thirty to six, six thirty.
Mr. De Yurre: You see, you know, I bet you that if you look at state, a whole
hell of a lot happens after those hours as compared to the hours of daylight.
And I think that...
Lt. Longueira: Not for what a ministation's designed for. You know, you're
not going to get walk up traffic which is what you need, for a ministation.
That's what it does.
Mr. Plummer: How many policemen involved?
Lt. Longueira: Well, the Overtown ministation is a total different thing.
During that hours, it provides all of the calls for service response for that
area. So I believe there's something like eleven policemen that work out of
there. But they respond to all the calls for service in that Overtown area.
They're not sitting in the ministation.
Mrs. Kennedy: Don't we have a lot of statistics showing that robberies occur
around 7:00 o'clock in the morning, many of theml
Lt. Longueira: I'll have to go pull it. I would imagine that there are some
statistics that show because it's the time of day when people go to work and
there's more people on the street getting out of their cars, getting in their
cars, things like that. You know, there's possible that you get strong arm
robberies of that type during that time of the day.
Mr. De Yurre: Well, I'd like to get some numbers and see exactly on an hourly
basis, the crimes that are committed and to have an idea of where we're at
because I'm getting calls from neighbors that they would like to see it open
24 hours a day. And I just, before I commit one way or another, I'd like to
find out more about the crime situation there on an hourly basis and see if
it's something that should be adopted by this Commission.
Lt. Longueira: Ws're talking about in the Overtown area?
_ Mr. De Yurre: That's right, where the shopping center's at.
Lt. Longueira: OK.
Mr. De Yurre: When do you think you can have me that information?
Mr. Dawkins: This afternoon.
31 Hebruary 23, 198
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Lt. Longueira: We may have it already, I'll have to check, Commissioner.
Mrs. Kennedy: Yes, it's in your computer.
Lt. Longueira: Let me see if I can get it today.
Mr. De Yurre: OK.
Mr. Plummer: I also asked that you sent me a report on how many cars sere
stolen in 1988, I have not received it and I also asked for the amount of
house break-ins in 1988. I have not received it.
Mr. Dawkins: Eighty-eight, the Mayor's aas stolen in '88, so I can give him
one. The Mayor's was stolen in '88, that's two.
Mr. Plummer: You have it from the last one, we talked about not having
policemen go out to the house to write a stolen car report.
Lt. Longueira: Right. You didn't get a response on that, because...
Mr. Plummer: If I have, I have not seen it. I've been through 90 percent of
my mail.
Lt. Longueira: All right, we'll get it because we did one.
Mr. Plummer: Thank you.
Mayor Suarez: Make sure you give him the tags and names of the owners of each
of the 130,000 cars that were stolen.
Mr. Dawkins: Insurance company....
Mr. Plummer: You had to remind me of that, but the problem is that most of
them are my neighbors, including the Mayor.
Mayor Suarez: Leave those out and give them the other 129,998. Leave mine
out and leave Miller's out.
Mr. Williams: Mr. Mayor, if I may, so that I do not get the same kind of
association that I received today. We're working on that within the last
month. I did not want the Commission to misunderstand my comment to say they
would be completed.
Mayor Suarez: We fully assume that.
Mr. Williams: Thank you.
14. RELATIONSHIP BETWEEN THE OFFICE OF MINORITY/WOMEN BUSINESS AFFAIRS AND
THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY: Discussion.
Mr. Dawkins: Lori, Lori Wilson, I thought it aas hers. Go ahead, Lori
Weldon.
Mr. De Yurre: Well, my concern and I'll tell you, when I saw this article in
the paper, I want to know if there's any veracity to this, that only 4.1
percent of black owned firms have contract with the City of Miami. You knor~,
that's quite alarming and I want to get some infortoation on that.
Ms. Adriene Macbeth: Commissioner, that relates to a total figure of 32
million which is preliminary figures in my office has compiled relative to our
total expenditure and then trying to identify the percentages that we have
spent with the various categories that we have. If we were to include several
set aside projects that were made in last year to black firms as an example,
the 4.1 million dollar building in the north district substation, six houses
in Liberty City, that figure, by the time our figures are finalized will
double at least in relationship to black vendors and contractors.
Mr. De Yurre: As far as the housing agency, is the minority program tied in
to that money, to those projects?
Ms. Macbeth: Thus far, our relationship has been probably threefold,
Commissioner. First as it relates to new housing construction, we've
interacted with that office and have made recommendations for set asides,
specifically for black and Hispanic firms. So that relationship exists.
Mr. De Yurre: But what are the results?
Ms. Macbeth: Well, the results thus far for last year are that we did set
aside six houses in Liberty City for black contractors and two - seven, I'm
sorry, and two in Wynwood for Hispanic contractors and we have upcoming the
same views project in Coconut Grove which will be 30 houses and we'll have the
opportunity to make a set aside recommendation to the Manager on that also.
Mr. De Yurre: Are we talking about a budget of about 12 million dollars
that's available for all these different contracts from the Housing
Department?
Ms. Macbeth: Probably Herb would have to address that but I might just
complete my portion of the response to you because I think there are some
areas that we could obviously strengthen our relationship in. The second area
is as it relates to the rehab program. We've currently only been able to
refer minority contractors to the agencies. Years ago, as I understand it, we
had a relationship whereby we identified minority contractors and made those
people available to the individuals who were getting loans. Problems arose
because in the relationship between the home owner and the contractor. We
were not able to intervene in that relationship successfully so we've now the
process has changed. The home owners now get the opportunity to select any
contractor they want. We might need to revisit a policy that might give us
the ability to more directly tie minority contractors in that without really
imposing anything on home owners.
Mr. De Yurre: Do you have numbers, do you have statistics as to what
percentage goes to minorities.
Ms. Macbeth: No, I don't.
Mr. Bailey: Are you talking about single family rehab? Single family rehab,
we don't really that many. The largest amount of dollars that we put out is
for multi family rehab. And in that, we have an opportunity there to specify
the hiring of minority contractors. However, most of the rehabbers are
minorities, they're either Hispanic or black. The largest amount of money
that has gone out to the multi family rehabbers have been Hispanic.
Mr. Dawkins: You've got to talk in the mike, Mr. Bailey.
Mr. Bailey: I'm sorry.
Mr. Dawkins: Thank you.
Mr. Bailey: So the question, Commissioner, is that we do have statistics
indicating the locations, the rehabber, the ethnic background and everything.
We do not have statistics indicating the number of employees that are Hispanic
33 February 23, 1989
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or black with the individual rehabbers. I visit most of the sites, in fact I
visited the hole yesterday and I was able to observe that that's largely a
minority rehab project, Hispanic and black.
Mr. De Yurre: Well, my concern is that there's a large amount of money here
that should be made available based on our philosophy of minority
participation to the minorities and I would like - if that's not the case, I
would like to see what needs to be done to implement that philosophy into the
housing agency also.
Mr. Bailey: Well, it is the case. We have the documentation to shoo you why
that is and I'd be glad to provide it to you.
Mr. De Yurre: OK, when can you have that for me?
Mr. Baileys About thirty minutes.
Mr. De Yurre: OK.
Mr. $ailey: Fine.
Mr. De Yurre: It's 10:41 right now.
Mrs. Kennedy: Where you're not doing too well is where the women are
concerned in the construction industry I guess because there are not that
many, but I know that you're doing much better from previous years in many of
the other fields.
Ms. Macbeth: Yes, then, Cortunissioner, there are a couple of other areas and
that is as it relates to those projects that are development projects as in
the building of I think homes for the senior citizens and the other one that
is the Freedom Tower project. We do require in development orders that there
be adherence to the policy in terms of just the spirit of it. And I guess
what I was saying is that perhaps if Herb and I could get together and begin
to tie down how we could more firmly apply the ordinance throughout all phases
of the housing program would certainly be helpful.
Mr. De Yurre: OK, why don't you start doing that and come back for the next
Commission meeting late, let's see, March 28th, and come back - or was it the
23rd? -and come back with a report as to your progress.
Ms. Macbeth: OK.
Mr. De Yurre: OK. Thank you. -
15. LOOK INTO THE POSSIBILITY OF IMPLEMENTING WELCOMING SIGNS AT ENTRANCE TO
DIFFERENT NEIGHBORHOODS; INSTRUCT ADMINISTRATION TO INSTALL ONE "WELCOME
TO CITY OF MIAMI" SIGN AT N.W. 87TH AND BISCAYNE BLVD.
Mayor Suarez: Item S-6.
Mr. De Yurre: S-6. Yes, Mr. Mayor... _-
=_ Mayor Suarez: City of Miami welcome sign. That would be nice, we don't have-
too many of those, do we.
Mr. De Yurre: Well, we don't even have one here at City Hall. ,But we...
Mayor Suarez: Mr. Manager, that's appropriate... 'F
Mrs. Kennedy: Where is our sign, by the way?
_.
Mayor Suarez: ... at appropriate point to ask a question. Remember, I .pe?1~
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you, probably a total of three memoranda my first. year on this Conxn~aaoa. _
about the sign in front of City Hall. After about a year and,a hal~.:o~ y
sending memoranda, we finally got rid of the .old ones and got aothir}g:AOW.,..:_~ -
Mrs. Kennedy: We have nothing. ,,.,
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- 34 ~eb~sry. 2~, 1,989_
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Mr. Odio: Well, because ae are under construction, Mr. Mayor. As you know...
Mayor Suarez: Could ae not construct a sign before the seven million dollars
project is constructed, the sign could not be first?
Mr. Odio: No, it sill... the signage sill be brand new as soon as the
building is finished, it sill...
Mayor Suarez: I sas told that it would be designed brand new two years ago.
Mr. Odio: We stopped that because ae sere going to spend seven million....
Mayor Suarez: Can you get the architects to design the sign and get it up
there so people know where City Hall is?
Mr. Odio: You can't put it up now, Mr. Mayor.
Mayor Suarez: Why not?
Mr. Odio: Because it's - the whole place is a mess.
Mrs. Kennedy: It's part of the... is it part of the...?
Mr. Odio; It's part of the new building. It'll be in the front...
Mayor Suarez: If it's been part of the new building?
Mr. Odio: It's going to go in the corner.
Mayor Suarez: There's not going to be a separate sign at Pan American Drive?
Mr. Odio: Yes, sir.
Mrs. Kennedy: You're talking about one here where we used to have the other
sign.
Mayor Suarez: Yes, we used to have a sign at Pan American Drive so people
would know.
Mrs. Kennedy: Yes, we're talking about two different things.
l;r. De Yurre: But maybe a paper sign.
Mr. Odio: OK, but it's no use in putting it up now when the whole place is a
mess with construction fences and the...
Mayor Suarez: Sure there is, City Hall is not being remodeled, we're sitting
here and nobody knows how to get here.
Mr. Odio: This should be ready for August, September, I hope and...
Mayor Suarez: All right.
Mrs. Kennedy: But we're talking about two different signs.
Mr. Odio: I know we're..... yes, Commissioner.
Mrs. Kennedy: OK.
Mayor Suarez: I'm sorry, it's not even that - I gave up on that one, I figure
someday maybe we'll have one. You're trying for one on 87th Street.
Mr. De Yurre: Well, what I'm trying... like this one right here which is
_ reailq nice and the people in the northeast part of town have been asking to
have owe that would say, Welcome to the City of Miami, from our entry on
Biscayne Boulevard. And I think additionally, Mr. Mayor, you know, these are` ~
the type of things that create pride in our communities and, you know, I'm
talking to different people there's a feeling out there that the different '~
:, a*ighbo#~hoods would 'like to have their neighborhoods identified as such t
' sayi>ag,-~Peleome to Overtown, and Welcome to Allapattah, Welcome to Wynwood,
.and I would like to see if we can implement that concept through Community
` 35 Februa~~- ~3, 1-989
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Development or whatever the appropriate department is to start putting up
these signs in our different neighborhoods to instill that type of pride.
Mayor Suarez: I have two reasons for smiling. One is that I've altered the
Welcome to Downtown Miami sign to read Home of the Blues Brothers, but besides
that, we discussed at least six months ago, actually more than a year ago
because Commissioner Carollo was still on this Commission and I think his
aide, now valuable trusted aide to Commissioner Dawkins, was the one that got
this thing moving to have signs placed in different parts of Liberty City,
Edison and so on. Those were placed, weren't they? Welcome to signs? Jim?
Now, what the Commissioner's saying, are you asking for more than just the
87th Street sign? Are you looking to see what other neighborhoods don't have
signs...
Mr. De Yurre: That's right.
Mayor Suarez: ... that welcome people to their neighborhoods. That would be
extremely helpful for community pride and cleanliness and anything else
that...
Mr. Dawkins: When people call me from northeast Miami, I know whether they're
from Belle Meade or they're from Morningside or what because we the signs
designating the areas.
Mr. Plummer: Welcome to poquito Miama.
Mr. De Yurre: Do we need to put that in the form of a motion or just - do you
want to make that in a motion?
Mayor Suarez: I think it might give it a little bit more weight.
Mr. De Yurre: OK, I'll move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION N0. 89-197
- A MOTION INSTRUCTING THE CITY ADMINISTRATION TO BEGIN
TO LOOK INTO THE POSSIBILITY OF IMPLEMENTING A SYSTEM
- OF WELCOMING SIGNS WHICH WOULD IDENTIFY THE ENTRANCE
TO THE DIFFERENT CITY NEIGHBORHOODS; FURTHER
- INSTRUCTING THE ADMINISTRATION TO INSTALL ONE SUCH
SIGN WELCOMING PEOPLE TO THE CITY OF MIAMI AT N.W.
_ 87TH AND BISCAYNE BOULEVARD, AND FURTHER DIRECTING THE
=_ ADMINISTRATION TO COME BACK ON MARCH 23, 1989, TO GIVE
THE COMMISSION A STATUS REPORT AND RECOMMENDATION IN
CONNECTION THEREWITH.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Conm:issioner Rosario Kennedy
Commissioner Miller Dawkins
- Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. De Yurre: And then, for them to come back March 23rd with a report as to
where we're at.
Mayor Suarez: Mr. Manager, as we do that, and without paying any public z
_ relations firms and that's not detrimental to - derogatory to...
36 February 23, X989
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Mr. Dawkins: To the two we see sitting out here.
Mayor Suarez: ... the fee that we have here today and I think Rodney's nos in
that field, could we not come up with some kind of a slogan or some kind of
a - I guess a slogan is the word - to try to get people to help clean up their
neighborhoods a little bit and also have those as part of the sign? Could you
try to bring something back to us that might get people to think cleaning up
their neighborhoods as part of the signs that welcome them?
Mr. Dawkins: You know, Mr. Mayor, what we could do is take that same concept
and on that sign ae put a gold star or something every month that this is
the - you know, best kept neighborhood or etcetera, i don't know...
Mayor Suarez: I love that. I love that.
Mrs. Kennedy: I like that idea. Yes, I like that.
Mayor Suarez: Fven football teams still give a little star on the helmet of a
football player that go out there and knock their heads. At least we can do
is do that for cleanliness. I wonder what those beautification and Dade Clean
committees and all them are doing that they haven't come up with that idea all
ready? I don't know why the union heads are laughing back there. Thie been
tried before? Is that what you're...
Mrs. Kennedy: Why Charlie's leaving the room?
Mayor Suarez: It hasn't been tried but Charlie's left the room, that's how
bad it got. I think it's a - little stars around the side?
Mr. Dawkins: Um hum.
Mayor Suarez: Each month the cleanest neighborhood gets an award and we put a
little star and maybe they compete and have cleanups.
Mr. Dawkins: Make sure they know it's gold paint and not gold so the crack
addicts won't rip it off.
Mayor Suarez: Yes, or...
Mrs. Kennedy: This is not OpaLocka.
Mr. Plummer: How about a red star for those that are the worst?
Mr. De Yurre: Well, no, it's not real gold because they know we can't afford
it.
Mr. Dawkins: No.
Mayor Suarez: Negative reinforcement.
Mr. Dawkins: Wait until after the election. Don't make none of my people
angry right now.
Mayor Suarez: Commissioners and Mr. Manager, I think we're finished the
morning agenda unless you've got something, we'll take a recess.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
10:48 A.M. AND RECONVENED AT 2:10 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
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16. SECOND READING ORDINANCE: Amend zoning atlas at approximately 2822-2838
N.N. 22nd Ave. from RG-2/4 to CR-1/7 (See label 20).
Mayor Suarez: Would all Commissioners who are paid lobbyists register. PZ-1.
Mr. Guillermo Olmedillo: PZ-1, Mr. Mayor, it's a second reading of a zoning
atlas amendment and you may remember this as up on 22nd Avenue, N.W. 22nd
Avenue just north of 28th Street and we took it through the process of the
comprehensive plan. This is a second reading. The change is from...
Mayor Suarez: Do we have anyone here that wishes to be heard against the
application in PZ-1?
Mra. Kennedy: This is second reading, I move it.
Mr. Bernard Byrne: There's one thing I must say.
Mayor Suarez: Yes, sir, please go ahead and step up to the mike.
Mr. Byrne: My name is Bernard Byrne, I'm the applicant. There's been a
change here that I'm unfamiliar with. You...
Mayor Suarez: You're still at 2838 N.W. 22nd itself?
Mr. Byrne: Northwest, northwest.
Mayor Suarez: Northwest, didn't I say N.W. 22nd Avenue?
Mr. Byrne: Yes. This is the - what you passed last week or last month and it
says general commercial.
Mayor Suarez: Oh, and the comprehensive neighborhood plan.
Mr. Byrne: General commercial is what I have been trying for...
Mayor Suarez: From moderate density residential to commercial residential.
What is the land use designation that he should be getting?
Mr. Olmedillo: The land use designation will be restricted, commercial
restricted, the one that corresponds to that use, sir.
Mr. Byrne: And every piece of paper I've had since 1975 is printed and I'll
give them to you.
Mayor Suarez: Since 19751 He's probably confusing it with the zoning code,
is that what he's doing?
Mr. Olmedillo: I think he's talking about the application that he filed with
the City eleven years ago, which is different.
Mayor Suarez: OK, go ahead and use the mike but... does he understand that
the land use designations are not exactly the same as the zoning
classifications?
Mr. Olmedillo: I believe so. Let me try to explain. What happened is that
originally there was a change in nomenclature of the land uses and we had used
the commercial, general commercial for what we used the restricted commercial
in the.....
Mayor Suarez: OK, explain to him what restricted commercial is on the record,
please.
Mr. Olmedillo: The restricted commercial is the one that allows you to have
retail activities and allows you to have offices and allows you to have...
Mr. Byrne: I understand.
Mr. Olmedillo: ... residential.
38 February 23, 1989
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Mr. Byrne: I understand but since then i've...
Mr. Oimedillo: Now, i believe that he's not satisfied with those uses because
his...
Mayor Suarez: Well, we may not be willing to go beyond restricted commercial.
What dons general commercial allow that restricted doesn't?
Mr. Olmedillo: General commercial goes into open storage and goes into
warehousing and that type of thing, auto shops and that kind of thing. And
ghat he had is - if you can see on the transparency - his property is the one
in yellow and it's right next to the CR-1 district which will be again the
restricted commercial use. So what we're doing is extending the use out
there. If we were to choose another - excuse me - if you were to choose
another use, then it'll be a different isolated district unrelated to
everything around it.
Mayor Suarez: When you say yellow, you mean what looks like brown to me?
Yes. I mean, I don't see any yellow anywhere, maybe I'm color blind.
Mr. Olmedillo: Brownish.
Mr. Byrne: My first obstacle was with the beak. The bank could not have a
drive-in with restricted commercial. That was my first tenant shot out the
window. The second, right beside me are gas stations, liquor stores,
everything as commercial as you can get, laundromats, it's just not...
Mayor Suarez: Are those conforming uses that he's referring to? Or
nonconforming, or what?
Mr. Olmedillo: Those may be legal nonconforming uses. They are legally there
but they're nonconforming. And they will...
Mayor Suarez: That's why I didn't ask legal or illegal, OK, they may be
nonconforming but legal use is that if they ever tore down or remodeled or
whatever, they'd have to remove them.
Mr. Olmedillo: That is correct, sir.
Mayor Suarez: See, they were grandfathered in, some of those.
Mr. Byrne: Yes, but they're going to stay there, that gas station just...
Mayor Suarez: You want to be born in there, you don't want to be
grandfathered in, you want to get it right off the bat and I don't know that
this Commission is willing to go beyond what we did on first reading which is
restricted commercial, yes.
Mr. Byrne: The very first reading was for general commercial.
Mayor Suarez: Yes.
Mr. Byrne: That first reading was for general commercial.
Mr. Olmedillo: Let me clarify that for the record. What happened was that
that nomenclature was used in the first round back in September. But then,
when we went through the second reading of the comp plan, we went to that
restricted commercial.
Mayor Suarez: When did we do the first reading of this one?
Mr. Olmedillo: Back in September, when we were going...
Mayor Suarez: No. That's not what I'm reading.
Mr. Olmedillo: No, this is the zoning atlas change. 't
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Mayor Suarezs OK. ~~
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Mr. Olmedillo: I think it's referring to the comprehensive plan amendment.
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39 February 29; 1989
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Mayor Suarez: Yes, I remember the discussion involving Overtown/Park West and
the confusion about general commmercial and restricted commercial.
Mr. Olmedillo: The the... now...
Mayor Suarez: Now, will he be able to do the zoning change that we voted on
first reading with the restricted commercial land use designation?
Mr. Olmedillo: He would be able to go... once he gets the second reading
here., he can, in 30 days he can...
Mayor Suarez: Right, assuming that, right.
Mr. Oimedillo: He can pull his building permit for any use within the CR-1
district.
Mayor Suarez: So, the zoning atlas would be changed to what he's requesting
which is CR-1/?.
Mr. Olmedilio: Right, but now he says that that is not what he needs. He
needs something beyond that.
Mayor Suarezs That's what he got on first reading, so...
Mr. Olmedillo: Right, that is correct.
Mr. Byrne: What I got on the first reading was general commercial.
Mayor Suarez: So what you got on f irst reading of item 1 has nothing to do
with those classifications. You went from an RG-2/4 to a CR-1/7. Don't ask
cne about all those numbers but basically you went from general residential to
restricted commercial, right?
Mr. Olmedillo: Right, which is a commercial residential in the zoning
district.
Mayor Suarez: Commercial residential rather. OK, he's pointing to January
26th, 1989, first reading ordinance, Miami Comprehensive Neighborhood Plan.
That's not what we're talking about, we're talking about the zoning atlas...
Mr. Olmedillo: Correct.
Mayor Suarez: ... where, sir, I'm reading at the bottom of the page under PZ-
3, it says, change from RG-2/4 to CR-1/7, exactly the same thing we have on
second reading today. So you were looking at the comprehensive master plan...
INAUDIBLE COl~IENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Well, we're not at that one yet. That would be...
Mr. Rodriguez: That's done.
Mayor Suarez: That's been done.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Well, we're arguing about designations. Actually, Guillermo,
if you can tell us what is he trying to do there that he would not be allowed
to do under the land use designation that we already gave and that he thinks
we can change today, but we cannot?
Mr. Olmedillo: Yes, he's been talking about a bank with a drive-in. A bank
can be there without the drive-in. To have a drive-in facility, he would have
to go up another notch, let's say, to a CR-2 or CR-3, and, like I said, that
will create an unrelated isolated district within the area.
i
Mayor Suarez: But you know, sir, what is before today, before us today, is
not the comprehensive plan, is the second reading of your zoning change from
RG-2/4 to CR-1J7 or residential, essentially residential, to commercial
residential, right? '"
Hr. Olmedillo: That is correct.
40 Februasy 23, 1 989-
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Mayor Suarez: And i presume you want that. You want us to vote on second
reading for that.
Mr. Byrne: Yes, I Mant that but all the time I thought I was going for what
tcy paperwork had been saying right along, general commercial.
Mayor Suarez: Well, that would, in a sense, that would be irrelevant to what
you're doing today. If you're satisfied with what you're doing today, that is
the zoning classification you're going to have. That will prescribe exactly
what you can do there. If you're satisfied with that, you're OK.
Mr. Byrne: But I'm not because it knocks out my tenants.
Mayor Suarez: It knocks out which tenant?
Mr. Byrne: Well, the bank can't have a drive-in with that commercial.
Mayor Suarez: Do you have a bank with a drive-in there?
Mr. Byrne: No, the bank was talking to me about being put in there. They're
putting two in, one in Hialeah and one here.
Mayor Suarez: I'm not sure that we can do much beyond that.
Mr. Olmedillo: Excuse me, I think everything can be clarified. George and
Wally, our zoning administrator, is correcting me on something. He's saying
that in the CR district, with a special permit, special exception, which is a
public hearing, you may have the drive-in.
Mayor Suarez: Which we've done for a few banks, I remember, in the past.
Mr. Olmedillo: You may have a drive-in, so he's all right, he would be able
to apply for a drive-in for a bank with a special exception.
Mayor Suarez: With a special use permit? A special exception, is it, I'm
sorry?
Mr. Olmedillo: A special exception, yes.
Mr. Rodriguez: It would be permissible, yes.
Mr. Dawkins: What's on parcel twelve, 11, 10, 9, 8, and 7? What's on those
parcels, single family home, multi family homes, apartments?
Mr. Olmedillo: Those are multi family.
Mr. Dawkins: Multi fatoily.
Mr. Olmedillo: Yes, sir.
Mr. Dawkins: OK.
Mr. Olmedillo: Some duplex and some multi family there.
Mr. Dawkins: But they are residence?
Mr. Olmedillo: They're residential use.
Mr. Dawkins: And if we talk about putting a drive-in window there with a
bank, they may come down here en masse. There's a possibility.
Mr. Byrne: No, the drive-in would be...
Mr. Olmedillo: That is a possibility, sir.
Mr. Dawkins: No, no, no. That's a possibility, right?
Mr. Olmedillo: That is a possibility, air.
Mr. Dawkins: OK, that's all I needed to know, thank you.'
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Mr. Byrne: The drive-in aouid be on the other side, commercial side, of the
building. That's in chat's...
Mr. Daakina: Well, what, on 22nd Avenue?
Mr. Byrne: Yes. it could be on the side. On 22nd Avenue, it aouid be side
because theq could use the alley for access in and out.
Nr. Olmedillo: So that the record is straight, that has to be through a
special permit which involves a public hearing.
Mr. Dawkins: That's what I acs asking.
Mr. Byrne: Plus, the fact that there are two other tenants that say that they
could come into my property with the general commercial zoning.
Mr. Daakina: Aren't you the gentleman...
Mr. Byrne: Yes.
Mr. Daakina: ... cho came here and had lost your permit and ae through all
this to give you the permit back?
Mr. Byrne: Yea.
Mr. Dawkins: And now, we did all of that, and now you want us to go and do
some more?
Mr. Byrne: No, ail this time, sir, I have all my paperwork and...
Mr. Deakins: No, no, no, no, no.
property. Is that correct?
Mr. Byrne: No.
Mr. Dawkins: Is this the gentleman...
You had lost the right to zoning your
Mr. Byrne: I didn't lose the right.
Mr. Olmedillo: Yes, this is the case that went back about ten years ago.
Mr. Dawkins: All right, ten years and we sat down and said to correct the
evils that had been done ten years ago, we're going to give you the zoning. ~
Mr. Byrne: The zoning what I wanted ten years ago was this. This is what I
applied for ten years ago.
= Mr. Dawkins: Why did you accept what they gave you the other day?
Mr. Byrnes Because it's lesser than what I've applied for at the beginning.
Mr. Dawkins: Lesser than what you applied for, but it was more than what you
had.
Mr. Byrne: Yes, yes. _
^
Mayor Suarez: Oh, a lot more than what he had.
Mr. Dawkins: OK, all right, OK, no problem.
Mayor Suarez: And you can apply under special use permit.
Mr. Byrne: Let me ask you another question.
Mayor Suarez: That's not saying that we'll guarantee it or we'll grant it
but may very well. You've done pretty well with, you know, your applications,
I don't know that you can do any better today.
Mr. Byrne: I'll have to take what you give me but I... `,
Ma or Suarez: In fact
Y , you can't do that other change at all today, tt~e
comprehensive master plan is not even before us. -~;`_
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Mr. $yrne: Sb, Mhat do I do nop if I take this zoning, what do I do nos for
all ray other general commercial tenants? $ecause if I lose any, I've been so
long in this, i could hsve lost them bq this time.
Mr. Olmedillo: It's our understanding that he doesn't have tenants now, these
are prospective tenants.
Mr. Byrne: Yes, yes.
Mr. Olmedillo: I think he should...
Mayor Suarez: I'm sorry.
Mr. Olmedillo: He's speaking about prospective tenants, not existing tenants
and the property.
Mayor Suarez: We understand that he's using what he hoped was going to be the
land use designation to negotiate with prospective tenants that he doesn't
have right now but the best we can do today is approve your request or
application to go from RG-2/4 to CR-l/7 and I think that's going to help you;
maybe not quite as much as you would like but almost because you can still
apply for banks with drive-ins. OK, moved by Vice Mayor De Yurre.
Mr. Rodriguez: Mr....
Mayor Suarez: Seconded. Yes, Mr. Planning Director.
Mr. Rodriguez: In relation to item PZ-1, 2, 3, 4, and 5 because the
comprehensive plan is not in effect as of today yet, I think you might have to
make the effective day March 27 which will be the day in which the
comprehensive plan might be in effect.
Mayor Suarez: OK, so as part of the motion, we should say that the zoning
classification will be bestowed effective March 27th.
- Mr. Rodriguez: Twenty-seventh. Because all of these are second readings.
Mayor Suarez: OK, and I'll understand that. Would you build that into each
of the motions made if we grant them all or remind me in each of the five
items, please. You don't want the zoning classification to take place until
then is what you're saying.
Mrs. Kennedy: Do you need it on this...
Mr. Jorge Fernandez: It's not applicable on one.
Mayor Suarez: Not on one, not on one, OK. Thank you for confusing us, we're
back on track. We have a motion and a second. Read the ordinance.
AN ORDINANCE -
~_
~ AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
~~ FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR
PROPERTY LOCATED AT APPROXIMATELY 2822-2838 NORTHWEST
~: 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM RG-2/4 GENERAL RESIDENTIAL TO
CR-1/7 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD); MAKING
FINDINGS; BY MAKING ALL THE NECESSARY CHANGES ON PAGE
N0. 21 OF SAID ZONING ATLAS; AND PROVIDING AN
EFFECTIVE DATE. '~
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Passed on its first reading by title at the meeting of January 26, 1989. ,;
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_ was taken up for its second and final reading by title and adoption.- On
_ motion of Commissioner De Yurre, seconded by Commissioner Kennedy,. the. ~'
= Ordinance was thereupon given its second and final reading by title and passed 3s
and adopted by the following vote:
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~~ Feb>'uary ~~, X989
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A1t$5: Com~isaibner J. L. Plummer, Jr.
Coiennitsioner Rosarib Kennedy
Cbiomissibner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
TH8 ORDINANCE WAS DESIGNATED ORDINANCE N0. 10550.
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: And since you hadn`t spent any money on attorneys, obviously...
Mr. Byrne: I spent $3,300 Ro far.
Mayor Suarez: Well, I was going to say, as to today's hearing, maybe you'd
like to make a contribution to one of our important funds for helping.
Anyhow, if you see your way clear to doing that, we'll be waiting with open
hands to help somebody.
Mr. Byrne: Thank you.
17. SECOND READING ORDINANCE: Amend zoning atlas at 1145-1199 N.W. 11th St.
(Municipal Justice Building) from GU to CR-3/7.
Mayor Suarez: PZ-2. It's the Municipal Justice Building.
Mr. Guillermo Olmedillo: This is the Municipal Justice Building site. Again,
it's a second reading. We made the amendment in the comprehensive plan.
We...
Mr. Plummer: Move it.
Mra. Kennedy: Second.
Mayor Suarez: Moved and seconded. Does anyone here wish to be heard on this
item? Let the record reflect no one stepped forward. We have a motion and a
second, read the ordinance please.
Mrs. Kennedy: The neighbors are all for this.
Mr. Olmedillo: Again, in here we have to make it subject to being a March
27th effective date because that is related to the new comprehensive plan. -
Mr. Jorge Fernandez: I'll incorporate that into the titl®.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE _
N0. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR
PROPERTY LOCATED AT APPROXIMATELY 1145-1199 NORTHWEST
11TH STREET, MIAMI, FLORIDA (A/K/A MUNICIPAL JUSTICE
BUILDING), FROM GU-GOVERNMENTAL USE TO CR-3/7 ,§;
COMMERCIAL/RESIDENTIAL (MORE PARTICULARLY DESCRIBED ~`
HEREIN); MAKING FINDINGS] BY MAKING ALL NECESSARY :
CHANGES ON PAGE N0. 24 OF SAID ZONING ATLAS; AND a
PROVIDING AN EFFECTIVE DATE OF MARCH 27, 1989. -
a.
Passed on its first reading b}i title at the meeting of January 2b, 1989, -
was taken up for its second and final reading by title and adoption. Qu.
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iaotion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and pissed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
t10E5 s None .
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10551.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
18. SECOND READING ORDINANCE: Amend zoning atlas by applying Section 1612
HC-3 at approximately 452 NE 39th St. (Walter E. Flanders House).
Mayor Suarez: Item PZ-3, the Walter Flanders House.
Mr. Guillermo Olmedillo: PZ-3 is what's known as the Flanders House.
Mr. Plummer: Move it.
Mr. Dawkins: Moved, second.
Mayor Suarez: Moved, seconded, thirded, anyone wish to be heard on this item?
Let the record reflect no one stepped forward. The Planning Department
recommends approval, board, everyone recommends it. The Heritage Conservation
1
Board recommends approve .
Mr. Olmedillo: Again, the effective date, please, 3/27.
Mayor Suarez: Effective- date. March 27th, right. We have a motion and a
second, read the ordinance. Call the roll. .
AN ORDINANCE - -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE _
N0. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING SECTION 1612, HC-3;
RESIDENTIAL-OFFICE HERITAGE CONSERVATION OVERLAY
DISTRICT TO THE WALTER E. FLANDERS HOUSE LOCATED AT
APPROXIMATELY 452 NORTHEAST 39TH STREET, MIAMI, '`
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; MAKING ALL NECESSARY CHANGES ON PAGE NUMBER
15 OF SAID ZONING ATLAS; AND PROVIDING AN EFFECTIVE
DATE OF MARCH 27, 1989.
Passed on its first reading by title at the meeting of January 26, 1989,
was taken up for its second and final reading by title and adoption. On ,
motion of Commissioner Plummer, seconded by Commissioner Dawkins, .the ',
Ordinance was thereupon given its second and final reading by title and passed:
and adopted by the following vote: ~~~~,
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AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarert
NOES: None.
A$SSNT: None.
THE ORDINANCE WA5 DESIGNATED ORDINANCE N0. 10552.
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.
19. SECOND READING ORDINANCE: Amend zoning atlas at approximately 110 S.W.
7th St. and 700-750 S.W. 1st Ave. by changing from CG-2/7 to CR-3/7.
(Applicant: Eduardo Alonso, President, Romate Corp.).
Mr. Dawkins: Move four.
Mr. Plummer: Second.
Mayor Suarez: PZ-4 has been moved and seconded. The Planning Department
recommends approval. The Zoning Board recommends approval by unanimous vote.
Anyone wish to be heard on this item? Let the record reflect no one stepped
forward. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 110 SW 7 STREET AND 700-750 SW 1 AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
FROM CG-2/7 GENERAL COMMERCIAL TO CR-3/7 COMMERCIAL
RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE N0. 36 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; PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of January 26, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the _
i Ordinance was thereupon given its second and final reading by title and passed
aad adopted by the following vote:
' AYES: Commissioner J. L. Plummer, Jr.
~ Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10553.
;?
- The City Attorney read the ordinance into the. publ;c. re~~ord~ attd.
announced that copes were available to the members o.f,~tho City, Commission sA¢
to the public.
46
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20. (Continued discussion) Provide effective date of Ordinance 10550, zoning
atlas amendment at approximately 2822-2838 N.W. 22nd Ave. (See label
lb).
Mayor Suarez: We're going to have to amend our resolution at PZ-1 and i see
that the Planning Department Director, in addition to wearing a very nice suit
this morning, aas correct when he indicated that we ought to do it as to PZ-1
also. So, do we need to reconsider first or can we just tack it on, the
effective date?
Mr. Jorge Fernandez: You can make it effective...
Mayor Suarez: I'll entertain a motion on PZ-1 to clarify and add by
interdelineation that the effective date if March 27.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Do we need to read
anything at this point? -
Mr. Fernandez: No.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION N0. 89-198
A MOTION DIRECTING THE CITY ATTORNEY TO AMEND
PREVIOUSLY PASSED SECOND READING ORDINANCE (N0. 10550)
AMENDING ZONING ATLAS AT APPROXIMATELY 2822-2838 N.W.
22 AVENUE FROM RG-2/4 TO CR-1/7, BY INSERTING THEREIN
AN EFFECTIVE DATE OF MARCH 27, 1989.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez _
NOES: None.
ABSENT: None.
21. A. DEFER PROPOSED SECOND READING ORDINANCE - amending zoning atlas at -
approximately 169 E. Flagler St. (Alfred I. DuPont Building)
B. DISCUSSION ON PROPOSED NEW ADMINISTRATION BUILDING IN OVERTOWN.
Mayor Suarez: PZ-5, DuPont Building.
Mr. Guillermo Olmedillo: PZ-5 is the DuPont Building.
Mr. Plummer: I would aek that be continued, Mr. Mayor, until tha City has '
decided what it's going to do or not with the building. In cases.. are we.!;x~e
not going to do anything, I would ask that be continued until such time
Mayor Suarez: So moved and seconded. Do we have a second?
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Miffs. Ket-nedy: Second.
Mayor Suarez: Second and no problems with Planning
Mr. Olmedillo: No problems.
Hr. Sergio Rodriguez: Do you want to put in a date
Mayor Suarez: Are you representing one of the part
Mr. Plummer: Hopefully, the sooner, the better.
Administration coming back with a definite answer.
on that, that makes aanaa?
certain con...
ies involved, counselor?
it's dust a matter of the
Al Cardenas, Esq.: Yea. For the record, my name is Al Cardenas with offices
at 1221 Brickell Avenue. We're here on behalf of the owners and we agree
with, certainly with Commissioner's motion at this time.
Mayor Suarez: Call the roll then on the motion. Can we do it indefinitely.
do we have to specify a date?
Mr. Rodriguez: Why don't you defer the item.
Mayor Suarez: Just defer, a simple deferral?
Mr. Plummer: A simple defer is fine with me.
Mayor Suarez: OK, motions to be read to defer and seconded by Commissioner
Kennedy. Call the roll.
ON MOTION BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER
KENNEDY, THE ABOVE ITEM WAS DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: PZ...
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: I'm sorry.
Mr. De Yurre: Question on this administration building. How many employees
do we envision being in that building? Does anybody have any idea?
Mr. Plummer: A hundred and fifty thousand square feet. I don't know how many
' employees.
Mayor Suarez: Not 200,000 square feet?
Mr. Rodriguez: If you want to, I can ask Mr. Smith to come downstairs to'go
_ to answer that question.
:~.;
Mr. De Yurre: Do you think it will be a few hundred? ~.
Mr. Rodriguez: I imagine it would be more than one hundred, two hundred, yes, t '~
a few hundred.
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Well, certain
ly more than a hundred. ~~
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That's what
I'm saying, it's more than...
it'd a faw~ ~;uiadreds, ~
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Mr. `De' Yurre: A thousand?
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4~ Feb~u+iry 2~, 199 `~ ,
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Mayor Suarez: It's got to be quite a few hundred, otherwise, I can't imagine
that we've been talking about the right thing all along. Do qou have any
estimates on 150,000 square feet? -anybody, how mane employees would that be?
'Fie don't have the Manager here.
Mr. Rodriguez: I will say one...
Mr. Jack Luft: Of what, of office?
Mr. Plummer: Yes, for City Hall.
Mr. Luft: About 250 square feet per employee.
Mayor Suarez: And we're talking a hundred and fifty thousand. so 600
employees?
Mr. De Yurre: So we're talking about 600 employees.
Mr. Rodriguez: Well you could probably also - you have also...
Mayor Suarez: I'll tell qou, if it's less than 600, you know, you're not
going to have my vote. I mean, we have 3500 employees, if it's less than 600
then we need a whole new building for them. We ought to figure out some other
way without having to build a whole new building.
Mr. Luft: About six hundred.
Mr. Rodriguez: You also...
Mayor Suarez: Somebody better come back to us with a report very soon.
Mr. Rodriguez: OK, we'll do that.
Mayor Suarez: That's what the Vice Mayor's hinting at here.
Mr. Rodriguez: And you would have also the issue of special areas for
meetings like this and so on. That takes a lot of the space, you know.
Mr. De Yurre: Because, you know...
Mr. Plummer: Well, but there again, you know, the need for parking and all of
that. You have a whole floor dedicated to the chamber.
Mr. Rodriguez: If you want to, we can come back to March 23rd with a report.
Mayor Suarez: Yes, and I had thought that we had asked the Manager for a
report on .that like a long time ago. I won't even say how long ago.
Mr. Plummer: We did, with a comparison as asked by Dawkins, as to building at
government center.
Mayor Suarez: Yes.
Mr. De Yurre: Let me tell you something and I just want to put this on thh
record. If we're looking for an anchor and it all depends how serious we are
b t 11 doi somethin for Overtown but I would be amenable to very
~ a ou rea y ng g ,
= carefully looking at the possibility of putting, buying the land or
swapping,.,
the land and putting our administration building in Ovartown that will serve
=
_
as an anchor to really spur business as far as restaurants with - when you
- provide a 600, 800, a thousand employees into an area, that is going to
provide a lot of economic assistance as far as opening up restaurants and~~.
services that are needed in the area so that is something that....
Mr. Dawkins: Commissioner De Yurre, you just gut it next to the Fire
Administration Building. They wouldn't dare let me and you put it in
Overtown. They just decided that they're going to put it aext there.
Mr. De Yurre: Well, all you need is three votes.
Mr. Plummer: Who decides?
Mr. Dawkins: Well, you'll see when the votes come.
49 Fsbru~ry f~~, 19~Q '_
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Mr. ba Yurres Well, just •ented to put that on the racord.
Mr. bawkins: Yes, well, you got two votes for Overtoan, that's no probiere.
Atari my Blue Brother over them is the third vote, so we go in Overtoaia.
Mr. Plummer: Quite possible.
Mr. Dawkinss Quite possible, right.
Mr. De Yurres I'd like to (Tape S) know how tha Mayor feels about it.
Mr. Dawkinss No, the Mayor's committed to this one. He wants to be close to
home.
Mayor Suarez: How well you know me. You talking about administration
building?
Mr. Dawkines Yas.
Mr. De Yurre: Yas, in Overtown. Really spur that area.
Mr. Dawkins: Boost it up!
Mayor Suarez: It sounds good to me. Sounds good to me.
Mr. De Yurre: Good, we got three votes right there.
Mr. Dawkins: Got four votes.
Mr. De Yurre: Four? You got five votes?
Mr. Dawkins: Overtown, here we come!
Mayor Suarez: Now we have, instead of the two Blues Brothers,- we have the
Four Blues Brother and a Blue Sister. We got the Four Blues Brothers and a
Blue Sister.
Mr. Dawkins: That's right.
Mayor Suarez: Everybody's aboard.
22. WATSON ISLAND MASTER PLAN 1989: Approve in principle - amend appropriate
Comprehensive Neighborhood Plan.
Mayor Suarez: OK, Planning and Zoning item 6.
Mr. Plummer: Oh, yes, yes, yes, 50 million dollars. Another one of those
tiny little things done by the City. Tell us about this 50 million dollars,
Jack, that we don't have.
Mr. De Yurre: Where's Chalk's there?
Mr. Sergio Rodriguez: Excuse me, can I also give you a memo dated today,
yesterday, to have the breakdown of the island by acreage in response to :a ;_
question from the Mayor, the February 9th meeting?
Mayor Suarez: Are you asking us to approve now the concept that you brought '.
f,,
and explained in detail before? How about the re quest for some financing. {
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figures that Commissioner Plummer made? ,
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Mr. Plummer: We got them here. u :,
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Mayor Suarez: You got them? _ ~ ~~~;
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Mr. Luft: It's in your package. ~y~
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Mr. Plummer: Well, but that's only the beginning. Those are the numbers that
we started from. For example, 50 million dollars which they're showing 43
million from private, 6 million from, for round numbers, for public. So,
let's start going through the numbers.
Mayor Suarez: What do the numbers look like?
Mr. Plummer: Where is the City going to get the 6 million dollars?
Mr. Luft: Well, as simply as you can put it, if we were to generate from the
leasehold revenues on the island roughly $600,000 a year, we could finance
through revenue bonds a 6 million dollar improvement program.
Mr. Plummer: The private sources, you say, are going to put in 40 million
dollars; 44 million dollars.
Mayor Suarez: Or nothing.
Mr. Plummer: ... 43 million.
Mayor Suarez: Or nothing.
Mr. Luft: Yes.
Mr. Plummer: Or nothing. What kind of leases are going to be expected?
Mayor Suarez: We don't know if we're going to get that kind of interest.
Mr. Luft: For a hotel or a mega yacht marina costing 20 to 30 million
dollars, I would imagine anywhere from 50 to 75 year lease.
Mr. Plummer: How much for a two story hotel?
Mr. Luft: I think to provide any substantial amount of private financing, you
would have to expect anywhere from 40 to 60 years minimum. If it's a bait
stand or a small commercial service, you know, you can do 20 years maybe,
but...
Mayor Suarez: If the Commissioner is finished with his inquiry, let me just
say this, Commissioner Dawkins was just saying and it makes a lot of sense
that we're tackling here a lot of components at once and it's quite complex.
Now, we're not saying by any means that, for example, if this Commission chose
to simply initially do the marinas expansion, forget the hotel, forget some of
the other components, and we want to do just, you know, the expansion of the
marinas on the, I guess it's clear to the north end, and then the mega yacht
basin and harbors that go with that which these people presumably would
finance themselves. At least that's what they've told me and presumably
they've told that to everybody, then we later get to the other components, I
mean, we're not by... what would we be approving here today? Can anybody
explain exactly what we would be approving here, a concept?
Mr. Rodriguez: You're approving the concept in principle at this point and
with the corrections that would have to make based on the decision you made
last time when you acted on this, to reduce the area for the commercial area,
I believe 5 acres, rightT
Mayor Suarez: Commercial including the retail and the hotel?
Mr. Rodriguez: Right.
Mayor Suarez: That includes all the retail anywhere, Jack?
Mr. Lufts No, the five acres is the hotel.
Mr. Rodriguez: The hotel.
Mayor Suarez: And how about retail, what does that add up
present concept?
to .unde+z ,Lhe
f Mr. Luft: Retail including restaurants?
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is Mayor Suarez: Good question. I guess I meant shops.
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'' 51 Febru~lep ~3 ~ X464
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Mr. Luft: On the shops, about three acres.
Mayor 5uarezs And, when I asked about the acreage, I was hoping that we'd
have a comparison to the existing. Ia there any way to compare how many areas
of open or green apace we now have?
Mr. Luft: Yes, in your master plan report.
Mayor Suarez: Some of the areas over there are sort of mistakable between
green areas and gravel and...
Mr. Luft: Yes.
Mayor Suarez: ... asphalt that's been worn away and it's kind of hard to
tell, I suppose.
Mr. Luft: Yes, some of it looks like roads and some of it looks like open
space and it's a little hard to tell. Roughly there is existing today 31-32
acres of open space that could qualify as...
Mayor Suarez: Not necessarily all grassy or...
Mr. Luft: ... as generally open and usable.
Mayor Suarez: You're maintaining that proportion.
Mr. Luft: We're maintaining the basic proportion of usable open space on the
island, yes.
Mayor Suarez: And improving that usable open space to look like greenery and
a park should look and so on.
Mr. Luft s It would look a lot better, yes.
Mayor Suarez: If we have the money to do it.
Mr. Plummer: It's not open. It's not open at all, it's much to the contrary.
Look at the top figure which shows open space and recreation then
look at that which is called active recreation and marina. Is it a total of
32 acres plus 22 for roads?
Mr. Rodriguez: No.
Mr. Luft: No, it's 86 acres total.
Mayor Suarez: No, 32, 32 and 22.
Mr. Rodriguez: 32, 32, and 22.
Mr. Luft: Eighty-six on the island.
Mr. Plummer: It's 32, 32, total of eighty...
Mr. Rodriguez: Eighty-six.
=f Mr. Luft: You know, if you want to call the boat clubs and the boat ramp ae
developed space, which I did, not grass, then that's developed. But, I mean,
if you wanted to call it open space, you could as well. Some people might
view it as that.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
~ Mr. Luft: Well, we can always find a few here or there. ~:
~ Mr. Rodriguez: I think that the other thing that we have to make you aware is
~ what happened after - assuming that you were to approve- this in principle
_ I today, what would be the next step that would have to follow as it relatg$ to
the charter amendment and so on and maybe you'd like to discuss that too.
Mr. Plummer: We're not even ready for an RFP.
~~
__
52 F4bruary ~~~ '989 ,;t
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Mr. Rodriguez: Well, at least I think... if you're sware of the process that
we had to go through, you know, that's fine pith me.
Mr. Plummer: Well, I think...
Mr. Rodriguez: I want to make sure that you understand the whole process and
that we don't mislead you as to how far if we go with this, we have to go...
Mr. Plummer: Well, I've made my comments known. I am opposed to the boat
racks, strictly a commercial venture. I am opposed to
anything much more than a two story hotel. i think that you're just blocking
up and taking up too much space. We have more than adequate hotels in the
immediate area. I think Commissioner Dawkins has spoke very well and I agree
with as far as the observation tower for $750,000 but these are some of the
things that I think need to be deleted. I don't f ind this in any way, the
Commissioner's conunents are anything is an alternate plan and I'm telling you
or I'm telling the public that with these things in it, I cannot even approve
it in principle because I am opposed to certain facets of it.
Mayor Suarez: What is the - since the tower, the observation tower, may be a
simple element to eliminate...
Mr. Luft: Simple.
Mayor Suarez: What is the need for these racks? Where are they to be placed?
Mr. Luft: Well, the racks were to be placed between the or adjacent to what's
now the Miami Yacht Club on the north shore. They're...
Mayor Suarez: Why?
Mr. Luft: Why, because if our objective is to create a usable recreational
marina, to enhance boating and water recreation, in the next ten years you're
going to find the greater demand is for boat racks, it's more efficient and
cost effective way of providing access to the water. It's a better marina.
Mayor Suarez: Jack, why don't we wait till the next ten years come and then
we can make that decision? In the meantime, leave this island essentially...
Mr. Luft: Well, yes, the boat racks can be left out. The county is now
putting...
Mayor Suarez: And the two story hotel, I think reflects Commission consensus,
I believe, unless somebody has any problems with that, J. L.
Mr. Plummer:
Mayor Suarez: And the observation tower...
Mr. Luft: Observation tower can be taken out, so can the racks.
Mayor Suarez: Yes.
Mr. Luft: It's just a... my best recommendation, the departments, as to
providing a full recreational package to benefit as many people as possible.
Mr. Plummer: Well, but Jack, you see... let me tell you, in my view. You go
from a marina you go to a boat rack, you're going strictly
commercial rather than OK?
Mr. Luft: Well...
Mr. Plummer: Commercial should not be a
commercial area. Go to hotels, my God, Omni is three minutes walk and they're
not full. OK?
Mr. Dawkins: Three minute walk from Watson Island? Who you walking, straight _
up?
Mayor Suarez: With the 130,000 cars that were stolen last year.
Mr. Plummer: You don't walk.
53 February 23, 1989
Mr. Luft: it's your pleasure.
Mr. Plummer: You're too old.
Mayor Suarez: Take one of the 130,000 cars that were stolen last year.
Mr. Plummer: Now, I'm glad you brought that up.
Mr. Dawkins: Hey, hey, hey, we got people out here. We got people...
Mr. Plummer: I want to stand corrected. I want you to next time pray. You
pray at the beginning of the meeting...
Mayor Suarez: We'll pray in the middle too, if need be.
Mr. Plummer: I want you to pray, since the last meeting of today, for the 349
people that got their cars stolen and the 528 people that got their house
broken into because that's 25 cars a day that are stolen and 37 houses a day
that are broken into in 1988. I do stand corrected, it was not 30, it was
only 25. They didn't count your car or Miller Dawkins.
- Mayor Suarez: So it's about, maybe, an average of 8,000 a year, not 110,000,
but...
Mr. Plummer: Nine thousand and ninety-seven to be exact. Burglaries were
13,734 in our little cherished City of Miami. So we're going to pray for
them. And that doesn't include yet how many people we're going to pray for
since the last meeting of the ladies that got injured at Grand and Douglas
getting their purses snatched. We're going to pray for them also.
Mayor Suarez: Would you, while you do that praying...
Mr. Dawkins: No, no, no, don't let him pray. Ooooooh God, no.
Mr. Plummer: Yes, well I ain't going to let you pray because you call down a
prayer and get put on hold.
-~;
Mayor Suarez: Dial something else. Listen, would you extricate the items
that you don't agree with and move this? I don't think there's any problem.
-I Mr. Plummer: Well, Mr. Mayor, I ,just really got this, OK? Now, you know...
-' Mayor Suarez: OK, if you want to defer action on it, we can do that too.
!~ Mr. Plummer: No, I - you know, I don't want to defer, but I do have some
l
mil; questions. Why, for example, are we moving the Marine Patrol from where they
presently are and building them a $200,000 office? A million and a half -
°--f'' wait a minute, whoa, what is the difference between the observation tower for
el'; $750,000 and the observation tower for a million and a half?
Mayor Suarez: Well, we're taking the observation tower out, so I...
Mr. Luft: It's not an observation tower, it's an observation plaza.
Mr. Plummer: Excuse me. Which one is the plaza?
Mr. Luft: The plaza is the lowest cost one. That's the one where you...
that's where you watch the....
Mr. Plummer: So, in other words, that, in itself, was over 2 million dollars?
Mr. Luft: Pardon?
Mr. Plummer: The plaza and the tower was over 2 million dollars.
Mr. Luft: The plaza is where the people sit to watch the cruise ships, OK?
Along the shoreline.
Mr. Plummer: OK, but the two items combined go together were two and a half
million dollars. OK, so that's coming in now. OK. Retail shops, no problem.
Hotel is going to be - OK, if you go down to a two story hotel, what would you
be coming down to in cost, from 20 million dollars?
54 February 23, 1989
Mr. Luft: It would be the same cost. It's just lower. It starts to gttting
less efficient because you end up Mith very long hallways and...
Mr. Plummer: No, no, no, no. You don't understand, it's not going to be 200
rooms.
Mr. Luft: There's a point at which - you know, maybe it's a 190 rooms, I
don't know, but in the end...
Mayor Suarez: You wouldn't put a hotel much less than 200 because it wouldn't
be feasible is what you're saying?
Mr. Luft: That's right.
Mayor Suarez: All right, do you want to...
Mr. Plummer: Well, let's remove the hotel at this point.
Mayor Suarez: ... remove the hotel at this point.
Mr. Plummer: The pedestrian overpass, I thought we had the money from the
Miami Herald.
Mr. Luft: This is on the island, not at Bicentennial.
Mr. Plummer: A half a million dollars?
Mr. Luft: It's about what they cost. Similar to the one at...
Mr. Plummer: It would take...
Mayor Suarez: I was just advised that we're going to have someone here that
wants to be heard on the issue of the hotel and when we're finished, I just...
Mr. Plummer: Go ahead and let me go then through these here.
Mayor Suarez: OK, Eli, are you involved in... have you...
Mrs. Kennedy: Just for arguments sake.
Mayor Suarez: Have you or the person who's going to testify registered, if
you're being paid? Or if you're not, then you don't have to. -
Mr. Carl Meinhart: Yes, my name is Carl Meinhart. I reside in New York City
and I'm representing Water Mark Associates who is a developer/client of mine.
I'm an architect and planner from New York. I have been down to Miami many
times over the last three or four years looking at Watson Island among other
sites as opportunities for mega yacht harbors which is what Water Mark
develops. We are doing one and I'm the architect of one in New York City
right now which is under construction so I'm fairly familiar with the
specifics of it .
Mayor Suarez: OK, now...
Mr. Meinhart: In the case of what...
Mayor Suarez: ... this Commission likes to divide things into components -
because that's the way that we can understand them and you may be building a
_ very nice mega yacht in New York but what we're concerned about .right now is
- the hotel.
Mr. Meinhart: Understood.
Mayor Suarez: If you think that one things doesn't go with the - without the
other, then, I guess, you have to make that argument but otherwise, please -
tell us about the hotel.
Mr. Meinhart: Weli, that's what I was about to say. Wherever we do a mega
yacht marina, it's very important what is alongside of it and adjacent to it.
Without the retail and without a hotel, Water Mark simply would not be
- interested. There may be other developers who would be...
55 February 23, 1989 -
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Mayor Suarez: And how big a hotel does that have to be7
Mr. Meinhart: Two hundred rooms. Two hundred rooms is the absolute minimum
that you Mould need in order to establish a viable entity.
Mayor Suarez: You know, one interesting thing is this land is so valuable
that if you have to build a 200 room hotel and you only had a certain amount
of acreage that you could build it in, and we had another restriction which is
to keep it to no higher than 2 stories, you could always go underground a
little bit.
Mr. Plummer: You might have a problem.
Mayor Suarez: If it'a that valuable.
Mr. Meinhart: I think two...
Mayor Suarez: If it's that valuable.
Mr. Plummer: You might have that problem....
Mr. Meinhart: Understood, but I think you have to also have views at least
from the room of light and air and sunshine.
Mayor Suarez: Well, but other ancillary facilities, you know, the kitchen,
the...
Mr. Luft: The federal floor criteria would not permit that.
Mr. Plummer: Yes, you got to go up twelve feet.
Mr. Luft: You have to go up above.
Mayor Suarez: Well, so you're saying 200 rooms minimum.
Mr. Meinhart: I would say 200 rooms, yes, I mean...
Mr. Plummer: Why would you need 200 rooms when you're only providing 40 boat
spaces?
Mr. Meinhart: The 40 boat spaces is •for mega yachts will have crews of
approximately 5 to 6 people, live on crew, each of those yachts. The get...
Mr. Plummer: But they're not going to stay at that hotel.
Mr. Meinhart: Their families may well. Their relatives might.
Mr. Plummer: A $100,000 a room and they're going to be... the crew of the
boats going to be staying there?
Mr. Meinhart: No, that would be paid for by the owner of the yacht, OKT The
yacht owners would also use that hotel for guests waiting for them and
disembarking, waiting for a flight, waiting to go on a cruise, any number of
uses related to the yachts. We figure that a mega yacht of 100 foot plus, you
can count on at least ten people being an average number of people that would
be going on board and off board of one of those yachts on a regular basis.
Mr. Plummer: Not to give you any insight but is your company, if all of this
was approved, ready to float bonds in the neighborhood of $32,000,OOOT
Mr. Meinhart: If we were able to get the retail and the hotel components the
way we would like to, I think we would be prepared to do something along those
lines, yes.
Mr. Plummer: And how many years would you have to tie this up to do such
Mr. Meinhart: A minimum of 40 years. We would like, obviously, longer. SO-60
would be certainly better.
i
Mr. Plummer: Oh, I bet you would. I bet you would. Well...
56 February 2!, 1969
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Mr. Meinhart: We have to have 40, otherwise it just doesn't pay.
Mr. Plummer: I'm assuming, let me ask the administration, now, 31 million
bills shat needs to be billed. They would be using approximately how manq
acres?
Mr. Rodriguez: We're talking about four or five acres last time.
Mr. Meinhart: if you limit me to two stories, I have to spread out more, so
that's another one of the rationales.
Mr. Plu:mner: Well, but I'm saying if we allow them to do what they're doing -
what's proposed here.
Mr. Luft: The hotel itself...
Mr. Plummer: The hotel, the no, no, no, no, the hotel, the retail...
Mr. Luft: Yes, OK, I'm breaking it apart for you. The hotel was five. And
there's a...
Mrs. Kennedy: Jack, let me clarify something, please, the hotel, as I
remember, when we spoke, was for business people who would meet on these
yachts, right? And that's why...
Mr. Luft: That's the principal activity that occurs there is the business
meeting function. The hotel is about five acres, as you said at the last
meeting, the retail is about three acres, but you would add a public bay walk
and a promenade like we have around Bayside along the edge of that for a broad
sitting walking area. The total of the promenade and the retail shops is
about five acres so five for the hotel, five for waterfront by the marina.
Mr. Plummer: Ten acres which of a million dollars an acre, in other words,
that revenue to the City would be roughly a million dollars a year just in
revenue back to the City, ten percent.
Mr. Luft: I don't know, I'm not capable of projecting in those incomes.
Mr. Dawkins: Jack. Jack, we got a raw bar, 500,000 square feet.
Mr. Plummer: Hell of a raw bar.
Mr. Dawkins: We got...
Mr. Luft: It's primarily outdoor decks and plazas.
Mr. Dawkins: We got a retail maritime shops, 40,000 square feet; that's
45,000 square feet of retail and then you got retail in the hotel. I mean,
how many square feet we talking about retail?
Mr. Luft: That's part of the 200 rooms, it would be like...
Mr. Dawkins: I beg your pardon?
Mr. Luft: I don't know, two... a small cafe, a coffee shop and something in
the hotel.
Mr. Dawkins: Well, in a 200 room - just off the top of your head as a
professional, in a 200 room hotel, what's the minimum square foot of retail?
Mr. Luft: I would guess 10,000 square feet.
Mr. Dawkins: Ten thousand. 50 10,000 added to forty-five, we're talking
about 55,000 square feet of retail. And also we got a concession stand, more
retail, you know... now, when they come back for all this retail, it must be
reflected in the rent. When they come back this to me, OK?
Mr. Luft: That's the idea.
i Mr. Plu:mner: Well, in other words, you're talking about $50,000,000 of
improvements, you're talking about $86,000,000 worth of value of propertq.
Who put these numbers together?
57 February 23 , 1989
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Mr. Luft: The hotel and the restaurants are an important part of the revenue -
capacity needed to generate the other activities. My guess is, my best
professional advice would be, if you take the hotel out, you probably won't
- get the marina, mega yacht marina, and you've probably lost something in the
order of 20-30 million dollars worth of investment. You'll have...
Mayor Suarez: Sut that's over time. What about up front, what about up
front? What do ae get by way of infrastructure to go with the mega yacht
harbor and hotel? How many - have you calculated how much in improvements
we're getting up front?
Mr. Luft: I'm sorry, I didn't follow that.
Mayor Suarez: The value to us of things that would be essentially public of
what they would be building by way of infrastructure, bulkhead, walkway,
landscaping...
Mr. Dawkins: What the Mayor's saying is...
Mr. Lvft: Yes, you would...
Mr. Dawkins: ... of the field games, areas, the sodding, the court games, the
public beach, the observation plaza...
Mayor Suarez: Exactly...
Mr. Dawkins: ... that's what we're going to... what will we get up front?
Mayor Suarez: Will we, in effect, be getting some of the things that we want
to do for public use up front from their building of this thing?
Mr. Lufts I would say it's the fair assumption that you can get the bay walk,
all of the pedestrian plaza areas around the shoreline that are connected with
the marina, the basic improvement package there. That's likely to amount to
oh, I would say, a million to 2 million dollars in immediate improvements in
that vicinity.
Mayor Suarez: That's what I...
Mr. Luft: The pedestrian overpass, the bay walk are all included in this. I
think those add up to something in that order of magnitude.
Mayor Suarez: And they do beautify what is there now.
Mr. Luft: If we wanted to do through an RFP.
Mayor Suarez: Make it more attractive.
Mr. Luft: If we wanted, through an RFP, to test the market, for instance, on
a competitive basis and say, as a measure of our approval of your bids, we
want to see how much more can you do, we could suggest to the proposers that
it's in their interest to build the observation plaza, the recreational
fields, additions to the...improvement of the Brown House, things like this,
the boat ramps. You can add as much into that package as you think you can
get. From there on, it's up to the private sector to respond as far as they
think they can push it. I gave you a very simplistic breakdown of the
immediate package of hotel, mega yacht marina. How you add things into that,
that's in part, a trade off against revenues that you get. The more you want
them to build up front, in terms of their investment in capital improvements,
the less you're probably going to get back in terms of cash flow revenues.
Mayor Suarez: You know why that's important, Jack, that trade-off, to be
aware of it, is that, it's the obvious reason. If the project fails or if ~
they simply don't complete it...
Mr. Luft: Yes.
_~
? Mayor Suarez: ... or if they go bankrupt, at least we get to keep X amount of
-~ improvements.
Mr. Luft: Well, you know, I think you can look at Bayside as a similar
situation where you've... i
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59 February 29, 1989 -1
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Mayor Suarez: iieil, please, don't bring Bayside because that formula is the
world's most cofapiicated formula. And if...
Mr. Luft: I understand. That's, I was going to...
Mayor Suarez: Staff ever comes up with a formula like that for our share of
profits, I, for one, will be voting against it. You're not suggesting
anything -we're not at that level any how but...
Mr. Luft: I'm just saying there's a lot of public area improvements that are
a part of the project. Amenities in that area that are generally recreational
in nature, people just walk there. And we can get a number of those things up
front, I'm confident of it. It's just a trade off and how much money you get
back on an annual basis.
Mr. Plummer: Let me ask another question, you're talking about a marina for
two hundred and fifty thousand, I'm sorry, 250 boats. The City Manager today
at ...
Mayor Suarez: Is that on the north end, you're talking about or the -you're _
- not the mega yacht.
f
Mr. Luft: The north end, yes.
Mr. Plummer: North end, yes.
,t
Mayor Suarez: OK. '
Mr. Plummer: City Manager, today at lunch indicated that our marinas are not
doing that well for whatever reason and we're anticipating the first time in
many years a loss. Has there been any study done whatsoever to justify the
seed for an additional two hundred and fifty thousand? As I go over-Miami
_ Beach, the causeway, the beach marina is half empty...
Mayor Suarez: Two hundred and fifty slips.
Mrs. Kennedy: Two hundred and fifty slips.
i
Mayor Suarez: Or boats, you said two hundred and fifty thousand. "
Mr. Plummer: Yes. Two hundred and fifty slips, additional slips. -
_:
Mr. Luft: Yes. °_
Mr. Plummer: Are we talking about areal need or are we talking about. pie in v
.
'' the sky? Because pie in the sky here, you know, if there's not areal need, '
you're talking about...
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_~ Mr. Luft: I believe there is a real need. ~-
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-_; Mra. Kennedy: The Black Point Marina has a year and a half waiting-list, the
~i Black Point.
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~~ Mayor Suarez: Where
s Black Point?
Mr. Luft: 280th Street. , .~ - ~ L
Mrs. Kennedy: Yes, it's way out. ;.
Mr. Luft: Matheson Marina has a three year waiting list.
,~
-~ Mrs. Kennedy: Madison Hammock also has a.,. ;;~
Mr. Plummer: Miamarina has 30 percent occupancy: Plaza V~eaetia:,•- Ism talking
about is-the same area now, OK?
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Mr. Rodriguez: OK, but we...
Mr. Plummer: Black Point could be a different situation becausa it's bl~os+br
in a direct shot to the ocean.
Mayor Suarez: Miami Marina, you mean the Bayside Marina?
Mr. Plummer: Yes, that's like thirty perc...
Mayor Suarez: Yea, that's a different system though.
Mr. Rodriguez: Yes, but we have other problems there.
Mr. Plummer: OK, I think Plaza Venetia is about 50 percent full. I think the
Miami Beach Marina is 50 percent full.
Mayor Suarez: Yes, we'd better have a good inventory and a good market
analysis before we embark on any...
Mr. Plununer: Oh, qes.
Mr. Luft: Right.
Mr. Rodriguez: But we're not doing that today, I hope. Today what we're
giving you is a concept of how the whole thing might look like. If you were
to approve this in any shape or form today, then it will come to you
specifically for each piece of this and you will approve it or - as to the
terms in which this will be offered for RFPs.
Mr. Dawkins: That's unfair to this gentleman. Are you approve it piece by
piece, he's got to go out to get his funding for the total project and so if
we are sincere, let's tell the gentleman we're sincere, then he goes out and
look for funding for the total project. If you're sending him out piecemeal,
I mean, we're just wasting time, I think.
Mr. Rodriguez: I think if you refer to the person that was speaking from the
public, I believe that the interest they have expressed is in the mega yacht
hotel, maybe the whole thing. But you don't have to go that way either. You
can go with a portion of the whole thing, like the mega yacht and the hotel
and the retail or qou can include different portions of it to go to different
places, different bids and then decide which is the best bid for the City.
Mr. Dawkins: So are we going to put out 3 RFPs, one including the hotel, one
without the hotel, or what have you, I don't know? I'm asking.
Mr. Rodriguez: You can do that if you believe that is the best way to go.
Mayor Suarez: No, he's asking what you recommend.
Mr. Rodriguez: Well, one of the problems that we were going to try to address
today was the fact that we have to go at some point to the electorate to get
approval on this because of the charter amendment. And that's what we are _
having...
Mr. Plummer: Plus the cabinet.
Mr. Rodriguez: Plus the cabinet, that's why we have to have, in our opinion',
we-have an open, more open...
Mr. Plummer: Process.
Mr. Rodriguez: Process and more - a project that would allow different
approaches to be followed because were going to have to go through a ve'rq
long process and once we start in that direction, it's going to be difficult
to come back and add. One of the approaches that we might have and on"this
ae're going to have to be followed by the Law Department, is, after we
assuming that you approve this at some point, we have to go to the Cabinet and
~,.
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so on to get approval from them, we have to go to the electorate `to :get
a royal. We can
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go with a package of the whole thing maybe, in which we show 't
the different proposals for the island and then maybe the electorate w111 ~>?
allow you to bid this in different pieces. Otherwise, we have to go piece by `
piece before the electorate and I believe that it will make it very difficult
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61 February 23 , 1489 ~,! ~ x~r
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to develop and to imprave the island in any way. So today what we are trying
to get from you basically is that approval in principle that will allow us to
continue with the process with all the changes you might want to make and then
go from there through a very long process. If you don't believe we should
continue with this, you know, because you don't believe they have enough
merits, you know then...
Mr. Meinhart: Could I possibly address the issue of marina use a little bit
and the hotel issue a little bit?
Mayor Suarez: No, no, so we don't get to confused, the Commissioner was very
correctly asking about the north end marina, because the implication of that
is that is that we ~oould do that ourselves, unless we have a demand for...
Mr. Meinhart: No, I understand. That's a smaller boat marina than the mega
yacht marina, but...
Mayor Suarez: Right, we might approve it in concept, but we are not go start
saying we are going to build a marina if we are not sure we need the slips and
we have a demand. Now, the mega yacht, obviously we are not going to build
that. The City is not going to finance that, so if you are, and you want to
address that, of course.
Mr. Meinhart: Let me address the smaller yacht marina first. The smaller
yacht marinas, there are obviously many more opportunities around for that.
With the new dry stack methods, also there are increasing opportunities for
people with the smaller boats for places to put them. However, the...
Mayor Suarez: We are not doing too well at dry stacks here today.
Mr. Meinhart: Understood, but market study...
Mayor Suarez: The Commission is not too excited about filling up the island
with whatever you call those things.
Mr. Meinhart: Market studies I am sure would support and they certainly have
indicated to us that if you have the right mix of facilities, the boats will
go there. One of the reasons that the City of Miami Beach marina is empty, is
that's a parking lot there, and that's it, period. There is a tiny little
harbor master office and a giant parking lot. Nobody wants to keep their boat
in that kind of a situation. That's exactly why we are advocating other
facilities along with marinas, that applies to whether it is a big boat marina
or a small boat marina. In the instance of the big boat marina, it is even
more important that you have the right mix of things, not only facilities for
the yachts themselves in terms of utilities, sewage connections and things
like that, but also the restaurants, the shops to provide stores for the
yachts and equipment and gear for the yachts, which is very different from
Bayside, which is what they call a market festival type of retail, which is
really all the little food places and boutiques. What we are talking about is
a very different animal. With regards to the small boats thing again, the
small boats with the large boats in proximity will be more desirable for the
small boat owner, because he can go to those stores that the big yachts will
create the need for and they can also utilize those... become consumers in
these stores. It only adds to the activity for the retail in those locations.
Mr. Rodriguez: Commissioner Plummer, the question that you were asking about
the marina, even when we show the marina as a public marina, another
possibility will be that we can offer that as part of RFP and open it to the
public to bid for it.
Mr. Luft: I can tell you what...
Mr. Plummer: Yes, but my basic concept really comes to this, OK? To me
Watson Island has always been for the purposes of public and recreation. Now,
when you deviate from that, how much commercialism are you going to allow to
come in and take over? A hotel definitely excludes the general public. The
mega yachts definitely excludes the general public. Now, you know that then
becomes a definite commercial use! 40,000 square feet is commercial use.
Now, you know, I'm just saying to you that where do you leave the thin line
between public recreational use of waterfront property, and cross over that
line iato commercialism, excluding the general public and still call it public
land, that's what I'm saying.
.~
Mr. Rodriguez: I think the point that we have made in the peat, in Jack
probably will expound on this better is that the actual location of the mega
yacht is by itself an attraction because the money it can bring to the City,
and I think we believe that if this were to be feasible, and if it were to be
economically feasible for somebody to bid and for us to accept it because of
the tetras of what we offer, in addition to any revenues it may bring to the
City or any public improvements by itself is also an attraction. I think a
lot of people will go now to New York and go to that are just to see the mega
yachts because by themselves they are something to look at and they are
beautiful ships, very large and so on.
Mr. Plummer: I understand that, OK, but that area that they are using was not
designated as parks and recreation.
Mr. tuft: Yes it was sir. I talked to the director of planning and the
director of development, two gentlemen with the Battery Park Development
Authority.
Mr. Plummer: What revenue does that, do you have a comparable? How many
spaces..
Mr. tuft: Twenty-six spaces.
Mr. Plummer: Up there?
Mr. tuft: In New York, yes.
Mr. Plummer: And what revenue does that bring into the City of New York?
Mr. tuft: The first year, well that hasn't opened yet, OK? They are under
construction, but they are anticipating $100,000.
Mr. Plummer: How muchl
Mr. tuft: $100,000.
Mr. Plummer: For 26 spaces.
Mr. tuft: That's right, just the boats. Now the reason that Battery Park
City took what was...
Mr. Plummer: Nothing.
_ Mr. tuft: No it is not, and I asked them why they are so low and they said, -
well, the marinas of this type do not, in and of themselves, generate large -
- amounts of money, no marina does. The point, the reason they did it, they
= took a public plaza, what was to be a public recreation area on the waterfront
= of Battery Park and they changed the plan. They took the plaza out and the _
put the mega yacht marina in because they believe it would bring more people,
a greater number of the public to enjoy the waterfront and the shops and the
general area would liven it up more than without it and that was the public
purpose objective of why they put it there. I happen to agree with them that
in the case of Watson Island where we have 80 percent of the shoreline left
' basically natural and for public use, one corner with an improved baywalk and
some shops and the large boats would be a much welcomed, a very active part of
' the island, the more active busy center of it, while we leave the rest of the -
'__ shoreline basically passive. It's a nice mix of activities on the island. It
is a very large island and I think the few acres it would take adds something
desirable to the whole use program.
_ Mrs. Kennedy: Yes, but the point is that it's the City's most valuable
property and it is an eyesore and the more you enhance it the more you will
lure visitors to come and visit ft. -
Mr. tuft: Once you get beyond the point of saying it's an interesting
attraction and it will bring public use, you then get into the realm of the
economic spin-offs that the yachts themselves bring, the benefit to the Miami
River businesses, the enhancement of the boating industry generally,. the
establishment of Miami as a center of this type of thing, puts us on the map `
t
s internationally. It spins off a number of things that are not the primary
reason why we are doing this, but they enhance the rationale for using public
63 Fa.bz'tta~y 2$, .1S}94
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land for public purpose and public benefit. There are wide number of
benefits, we believe, to this particular use, especially since, at this
location, it has proven very difficult to put in what amounts to a small boat
marina. It is a turbulent edge on the intercoastal and it hasn't worked out
well for that, so you may be given up practical use of that edge short of
going to mega yachts. We don't think that with the amount of edge on the
island for public access that it is necessary to give that up and return it to
basically just a blank seawall. As far as the marinas go, I can tell you shat
the City Manager's office in Miami Beach told me, that regrettably in the
design of the 5th Street marina, they did not account for the fact that there
are three knot currents come out of the channel at the edge of Government Cut
and it is very difficult to dock a boat. Functionally it is not a good marina
and even one of the staff of the city manager's office of Miami Beach
suggested he would move his boat from there to Watson Island if we built one.
The point was, the reason the marina is not full is not because of the market
demand. Likewise, that marina is also geared for boats 40 foot and over, as
is the Otani marina. What's missing from that general vicinity is the
recreational marina for 40 foot and under boats, the Dinner Key type marina,
which according to the best guess of our dockmaster here, would be a very
needed and welcome facility either run by the City or as part of a public-
private joint venture with the City. We believe the Dinner Key Marina will do
well in terms of demands for slips. The problem with the Dinner Key Marina of
course, is that in absorbing the amount of money it's taken to build it, our
revenues from that marina have come back to zero and we were making a lot of
money when we didn't have to absorb the amortization of the bonds that we used
to build the marina, so the cash flow is not an accurate measure of the
demand. The demand is there. My point is, marinas themselves don't make a
lot of money. If you combine it with certain minimal, but desirable land-side
services, the open air Sundays by The Bay Restaurant with the public marina
you can hopefully provide a package that it is economically feasible, will get
built and will provide much needed marina slip space, particularly that mid
sized boat that is not being served in that general vicinity.
Mayor Suarez: Any further questions from the Commission? Do you want to make
a statement, Ms. Richman?
Ms. Gwen Richman: I'm sorry I came late. I'm Gwen Richman, I'm head of the
Island Association for Palm, Star and Hibiscus Association. I have been here
before also with regards to another group that had a resolution objecting to
this plan. You had asked me not to repeat anything I said before. What I
would like to do is just ask a couple of questions like, how many restaurants
are we down to with this plan?
Mr. Luft: Again it depends on what you want to call a restaurant. In the
memorandum to the Commission in the package...
Mayor Suarez: We had a little problem with counting of things that one would
consider restaurants or eateries.
Mr. Plummer: Do you count the hot dog vendors, the...
Mr. Luft: Two restaurants is what we proposed.
Mr. Plummer: We have 473 hot dog vendors.
Mr. Luft: OK, we have proposed on the plan a restaurant at the beach area,
near the beach area, the open air seafood type restaurant and we've proposed a
smaller cafe in the Brown house. Now, I don't personally count a concession
stand in the airline terminal for the customers waiting for the flights on a
seaplane to be a restaurant, no more than I would a snack bar at the airport
for those customers.
Ms. Richman: Or no more restaurants in a hotel.
Mrs. Kennedy: How about the Japanese?
Mr. Luft Now what we said... or I am sorry, the Japanese Restaurant.
Mr. Richman: We found 14 in our estimate and I just wondering how we get from
2 to 14.
64 February ~3, 1989
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Mr. Luft: Weil, I don't know where you found them. You end i went over it
one by one, and giving you the benefit of the doubt to count snack bars, Me
counted nine, including concession stands.
Ms. Richman: I Mould like to address this little issue with the restaurants.
When you talk about a 200 room hotel, i would like to quote the general
manager of the Grand Bay Hotel who I spoke with since noon when I found out
this meeting was today, I'm sorry I'm not dressed for it, but the general
manager there said, and he has a 180 room hotel, that if he were to manage the
hotel on this island, he would want three dining facilities Just in the hotel,
something on a top level so you get a water view, fine dining, a cafe kind of
nice elegant restaurant...
Mayor Suarez: Well, before we get into what the Manager of the Grand Bay
Mould like to put on there, what are you proposing?
Mr. Luft: What we said here in your memorandum was although we did not
specifically propose a restaurant for the hotel, the assumption is, and I'll
quote, "We logically assumed to be a part of the hotel operation is a
restaurant and a small cafe is ancillary uses to the hotel."
Mayor Suarez: That's already tao, and she was talking about three.
Mr. Luft: OK.
Mayor Suarez: I can't imagine this Commission ever approving, from what I've
heard today, and in the past, anything that has three restaurants in a hotel,
there is no way.
Ms. Richman: Well, you can...
Mayor Suarez: Because the whole argument is you need it for the mega yacht
and if you need it for the mega yacht, and you need 200 rooms, why do you need
more than one restaurant for 200 rooms, I... you know.
Mr. Luft: You generally have...
Ms. Richman: Well, you need a fine dining and you need a casual dining and
then you need a casual inside and a casual outside, according to a hotel
person.
Mayor Suarez: Well you may be making that argument at a later point, but I
don't think this Commission would ever approve more than one restaurant inside
a hotel, maybe a cafe, I don't know.
Ms. Richman: My basic point in regard to this is, I am concerned that you are
taking a lovely area that can be a park area, you are expanding...
Mayor Suarez: Potentially lovely area.
Ms. Richman: It's got one of the best views in this area.
~ Mayor Suarez: It depends if you are looking at the area or you are looking
from the area. From the area, oh it looks very nice from there.
I
8 Ms. Richman: Right, if you are looking from the area, it's too bad they
~ weren't filming from there to downtown Miami, rather than Bayside out this
Good Morning America, Today Show? - Today Show, but I think...
Mayor Suarez: Right, the implication of a lovely area, because the area
itself looks lovely and you know that island does not look very lovely, but
from it you have a lovely view, I agree.
Ms. Richman: No, I wouldn't... we are going back to we would like to sae you
develop it that way. I stn raising the question as to how many vehicles you
had with regard to the boat show, Just parking there this weekend. It took me
26 minutes to go a mile and one-half.
~s.
Mayor Suarezs Good question. We went through that, we went through the issue t_
of parking lest time, and not only that, but we had the permits for parking at
- the island in a separate Commission hearing that you were sot necessarily....ZLL
-~ don't think you were present then and we asked about how many were going to be ;;
>. t
- 65 February 23, 1989
t
parking there. Does anybody know how many vehicles were parked on the island
over the weekend? Was it last weekend or the one before? Nobody knows.
Ma. Richman: Last weekend, the boat show. The reason I am wondering, it's
hard to say, well, gee, let's have 1,700 parking spots on this island. I know
that it was massive nothing but cars this weekend. To go the mile and one-
half from the entrance off Miami to Palm Island took me 26 minutes without the
bridge going up or down. It was down and that's what it did to traffic. I
spoke also since noon with the Department of Transportation. I spoke, Mr.
Baldwin was not available, I spoke with the director of production, Jose
Abrau, I think his name was, he stated that the Watson Island bridge is not on
their five year plan. They have no money in this next five years, they don't
know what they have financially outside of that.
Mayor Suarez: Well, they just changed their five year plan, that's part of
the problem, yes.
Ms. Richman: Right, well that is as of today. If you are having something
like that. theq seem to have given the City of Miami all of the plans on what
they're hoping to do and they tell me, and I don't know, but the director for
production tells me that he has received nothing of the master plan, so he
certainly can't tell anyone if your on and off ideas are suitable or work
traffic-wise. They can give you traffic studies...
Mayor Suarez: Well, let me say this. I don't think this Commission is going
to approve the specifics of this plan or even the general aspects of the plan
unless we're convinced that the traffic situation would improve from what we
do as opposed to become worse in any way, so I mean, we are not really at that
point, but...
Ms. Richman: I'm just informing you that he has not... you know, I am
concerned with...
Mayor Suarez: That's a good point though, that the bridge may not be built
for the next five years. That means that the conditions would be worse on the
island, and actually that might argue for having some kind of a plan such as
this where you get some of the cars routed around the island as opposed to the
ones that now cross and create all kinds of problems, but I'm really concerned
about using the island for parking, for myself, and you stated... you don't
know how many cars, you guys couldn't count out there, your association
couldn't help us a little bit?
Ms. Richman: It was loaded with cars!
Mayor Suarez: I was going to give you another task to do in addition to
counting the cars, if you would report back to us and sort of play Dan Paul
and report what you think now is the green space or open areas on the island
so that when we hear from our staff that we're roughly keeping the same amount
of open space or green areas under this plan that it is something that accords
with your estimation. I don't know how you°d measure acreage. I know how
you'd do it if you have a plan and you are able to outline on it, because I've
seen those instruments, but there has to be a way that you can help us to
preserve the open space and the green areas on that island.
Ms. Richman: I don't know how I can help you preserve anything. That's why
I'm here so you help the community preserve the development and the potential
of that.
Mayor Suarez: I'm asking you to help us with soma of the tasks that we have
to engage in, you know we are hearing from staff and we can assume, you know I
can assume the figures you've given me, but if you want to help us corroborate
or verify those.
Ms. Richman: I'll be glad to help in any way, you know, every direction I go
with this, all I'm getting... -
Mayor Suarez: Well one way would have been if you'd told us that we counted
exactly "X" number care and of course, we would believe you, that would have
helped. l"
Ms. Richman: You know, say I saw 700 car spots, I didn't see on the side of ~
- the island that faces downtown Miami, I don't see how you could possibly have
used enough room to fly s kite for recreation use, with just that small amount
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66 February 23, 19$9
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of parking used up. There was, when you've got Chalk's there... i'ln not sure
what your statue is on Chalks now, if they are staying or going, or what. I
understand you got a lot of airplanes delivered to you. If you are leaving
that and you are leaving the blimp and you are leaving the helicopter area,
well, that's the plan is the blimp.
Mayor Suarez: We'd like to get back to blimps. See, the plan actually...
Ma. Richman: Right, but I mean if you have all of that and...
Mayor Suarez: The plan actually is one of the ~oays of guaranteeing the very
objectives that you are talking about. The plan is one way of guaranteeing
how many parking spaces have we provided, total?
Mr. Luft: We're talking both soft surface and hard surface, roughly 1,700.
Mayor Suarez: There would be no way, I don't think, if this plan was ever
implemented as conceived by our Planning Department that we would ever allow
more than that number of automobiles there, at least not for this vote. I
wouldn't vote for anything that allowed... once you have green areas and once
you've fixed the place up, you wouldn't want cars parking there. Now, the way
it is now, you know, I still think it creates a traffic problem to have all
those cars parked there, but we don't know how many parked because you didn't
count them and we should get those figures. Actually, we should have some...
didn't we charge for the use of...
Mr. Rodriguez: I can get the information. I don't know.
Mayor Suarez: Does anybody in the Manager's office know if we count cars that
parked there for the International Boat Show? Presumably, we charge, didn't
we? Didn't we get some share of the revenues from that?
Mr. Odio: Yes, we did. I don't know the cars, but we can get a report.
Mayor Suarez: We'ii find that out.
Ms. Richman: OK, my...
Mayor Suarez: It would have been helpful if you happen to know the figure and _
we should have had it ourselves.
Ms. Richman: I didn't know about your meeting until around 11:30 today.
Somehow I wasn't notified.
Mayor Suarez: Any other concerns you want to express before we...
Ms. Richman: Yes, basically, if you know what that figure is, and it is "X"
amount of cars, when you look at an overlay of one his plans, on top of
another plan, and overflow parking, I don't know specifically the 700 spots
where they are, but if you put them over the recreation areas, that's where
he seems to be putting all of the excessive overflow parking to take away all
the recreation areas.
Mayor Suarez: Good question. 1,700, by the way what...
Ms. Richman: If you had full capacity with 1,700, oh, OK.
Mayor Suarez: Can I get into answering the question? We are talking not 700,
but 1,700. You said 700, 1,700. When you say 1,700 including hard surface
and what was the other definition?
Mr. Luft: Soft surface, that is grassed areas.
Mayor Suarez: OK, why would we not, now that we are going to try to redo this
island and landscape it and fix it up, specify that cars can only park on _
gurfaces that are designated for parking, and not on soft surfaces or grass.
Mr. Luft: Well, because you don't want to pave more area than you need for
you general day in day out use.
Hayor Suarez: OK, what kinds of events would we envision using soft surfaces?
• •
Mr. Luft: If the Yacht Club or the Powerboat Club was to have a major regatta
or boat parade, which they do on occasion, they make get 200, 300 members to
come in for a special Saturday.
Mayor Suarez: I guess he is not thinking of the island being used as parking
lot as it now is to some extent during International. Boat Show type events.
Mr. Luft: No, sir.
Mayor Suarez: You're thinking of events generated by the very uses of the
island.
Mr. Lufts If we were to approve a festival in that public open space, a rally
for a neighborhood group and they wanted to park care, I would recommend that
for that occasional kind of need, you can park them on stabilized grassed
areas and leave it grass.
Mayor Suarez: Just so we have a comparison, does anybody, quickly maybe Jim
back there can calculate how many acres would 1,700 cars take up if they were
parked one right next to the other.
Mr. Luft: you get about 100 cars, well, you can get about 120, 150 cars an
acre.
Mayor Suarez: It does sound like a huge percentage of the entire island.
Mr. Luft: Well, 200 cars are underneath the expressway to start with. Moat
of ...
Mayor Suarez: There is 200, under the... based on pour plan?
Mr. Luft: Under the elevated expressway. Another 100 cars are underneath the
retail shops that are lifted up for the flood criteria, 200 cars generally at
the public marina, where the 250 slips are.
Mayor Suarez: How many on hard surfaces?
Mr. Luft: On hard surfacesT I'd have to double check my numbers. I think in
the order of about 800, 700, but the majority of our...
Ms. Richman: Out of 1,700? ,-
Mayor Suarez: The others would be spilled over for large events that you
would end up using a glassy area.
Mr. Luft: So we don't tear up the grass areas, which is what we do sometimes.
That's the problem, say at Peacock Park or some places where we have cars over
flowing into grassy areas when they leave...
Mayor Suarez: Bayf ront Park, people driving into the south end...
Mr. Luft: Bayfront Park, it's all, you know, it is a quagmire of mud and
dirt. What you is you stabilize that in a certain way that you can park on it
for limited times and not hurt the grass and then when you go away it
functions as a recreation space.
Ma. Richman: My concern is, if you take the island and you look at one of
your maps, or if you just point it out on map on the wall, if everything is
fully utilized, and 1,700 parking spots are being used, what acreage is still
left for recreation?
Mr. Plummers Well, based on his number, you are talking about somewhere
between nine and ten acres would be used for 1,700 cars.
Ma. Richman: No, but that doesn't really answer the question. If you are
looking at what's hotel, what's the Japanese Garden, what's everything else,
goint out on the map to us exactly where you could go fly a kite.
!layor Suarez: That's in case somebody around here gets sent to go fly a kite.
Ma. Richman: That's overflow parking by the map I have. ;"
b8 F~ebru~ry 23, ~98~ ~-
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Mayor Suarez: Jack, chat are the areas that would alMaya be opeb, I~~ib!-
with...
INAUbIBLS BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Hirai: $xcuse me Jack, grab the lapel mike, please.
Ms. Richman: The 15 acres, could you show me Mhat is not the blimp and the
heliport and Chalk's.
Mayor Suarez: No, Me hope the heliport sill be moved right up to the Mater,
so it won't take up any of that.
Ms. Richman: The heliport won't be any of that.
Mayor Suarez: Right.
Mr. Luft: The heliport is here on the shoreline next to Chalks. The blimp
area is in here, but that's...
Ms. Richman: Well, that's not recreation if it's the blimp area.
Mr. Luft: Yes, it is, yes it is. What we've...
Mayor Suarez: Well, we don't have a blimp right now, believe me, it's...
Mr. Luft: What we have done is we've...
Mayor Suarez: You know, if we get a blimp, we can cross that bridge.
Basically, that will be open area.
Ms. Richman: Well, if you are taking half of the area for the blimp, and
you've got seven acres and eight acres...
Mayor Suarez: Are you against us getting the blimp back if it takes up some
of the open areas?
Ms. Richman: Oh no, no, I'm concerned...
Mayor Suarez: OK, no, we are not planning a blimp there because there is no
blimp interested in coming there, but eventually maybe there will be, in which
case we'll consult you as to whether you...
Ms. Richman: Yes, this master plan is supposed to be the ideal on what the
community would want. What I am wondering if you are successful and you have -_
everything you want, what is really left to a park? -
Mayor Suarez: OK, let me ask him about the simultaneous concurrent use of the
open areas and with a blimp there. Is that possible? There would be some ~
part of that acreage that I guess you wouldn't want people to walk through.
Mr. Luft: When the blimp is coming in and landing and taking off on a regular
basis, no, you would not use that for ball fields or kite flying. The peat
pattern of use when the blimp was in town was that during the late spring and
summer months, early fall, the blimp was not in town, and that we had three, I
four, five months a year when qou could use it for recreation and it being ~_
just basically an open field, it would be easily enough to stripe it, mark it
for football, soccer fields and baseball, and that's exactly what the plan
calls for. It would be up to this Commission to decide how much time, if any,
was to be allocated for a blimp to come back. One would preclude the other,
-but they .could take turns, is what the idea is.
Mayor Suarez: The entire 17 acres.
Mr. Luft: No, no, no seven acres for the blimp. Seven for the' blimp if °~t
Mas to be used that way. ~_
Mayor Suarez: But what is that se went that
g you pointed to? That could sot ~}
hava been seven acres, that triangle? ;~_
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Mr. Luft: The blimp is right here. This whole thing here with the other dIx
ball diamonds that would remain in atty evQnt is IS areas, this total araA. '~'4
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Mayor Suares: That's an interesting trade-off, ae should be aware of the fact
that the use of a blimp is basically a seven acre allocation, let's say. tiK,
anything further, Gwen?
Ms. Richman: OK...
Mayor Suarez: We've answered just about every question you could possibly
have.
Ms. Richman: How many acres is the !eland, forty some?
Mr. Luft: Sighty-six.
Ma. Richman: Sighty-six, and you have eight acres on one side that's going to
be available to have fun on, recreation other than if you are a boater? .
Mr. Luft: Thirteen on...
Ms. Richman: I thought you said seven and one on one side and...
Mr. Luft: I said if you were parking for an overflow, occaeioaal events, such
as the boat club might have, there would seven acres of open space remaining.
Mayor Suarez: And that by the way is subject to our approval, any overflow
parking. We don't necessarily have to approve any events that require it, OK?
Ms. Richman: Well, you will if it is revenue.
Mr. Luft: But...
Mayor Suarez: What?
Ms. Richman: You would if it is revenue.
Mr. Luft: Ninety... -
Mayor Suarez: No, not necessarily. We do a lot of things, we don't do a lot
of things that would bring revenue here.
Mr. Luft: Ninety-five percent of the time, that will be 13 acres of open
space.
Ms. Richman: All right the only thing more I have to say, I think that it is _
a little excessive in all of what is wanted there. Since nothing will be done
to the bridge for a least a five year period, possibly ten, you are looking at
a situation where you have a very decayed park. It should not ba developed
until you really have proper access on and off.
~
Mayor Suarez: So it is really decayed. _
~_
Ms. Richman: And so if you've got that kind of situation, you should instead ^
be doing some things to improve the park, cleaning it up, getting rid of the
trash, not having bins sit there full for months, it really is a disgusting
park. I really think...
Mayor Suarez: It is not a park right now, it is an island that we hope to
make into a park.
Ms. Richman: Well, that's my point. I think you should be looking more,
doing something, not the master plan 20 years out front and what we'd. like,,
but how are we going to best utilize it the next seven years, just keep -
throwing on tons of cars for parking whenever you can take in money, or to do
something, but doesn't look slovenly. That's all, thank you very much.
Mayor Suarez: OK, thank you for your comments. Anything .further fram the
~
Commission on it? Sir. ~'`•
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Mr. Charles Grentner: My name is Charlie Grentner. I've beau a ras~,dsn~ of
Miami for. some 68 pears. I'm a semi~reti~ed businessmen.. .Mayor Su~r~z,
Commissioner. De Yurre, Commissioner Dawkins, Commissioner " Kanaos~y,
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Commissioner Plummer, ladies and gentlemen, you know, it ~s axiomatic, if '~
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something is given to you, you don't really place much value on it, and that's
what is happening right here. Watson Island was given to the City of Miami
quite a few years ago.
Mr. Plummer: Charlie, pull the mike up.
Mr. Grentner: It simply fell into our lap, free of charge, and consequently
we don't appreciate its full value. I ask the City Co:nnissionera and all the
other people in this room to atop and think. We are talking about a jewel
here that is the centerpiece of the moat beautiful bay in America. I don't
think many people would argue with that statement and we have the opportunity
to create a glorious landmark that will attract people as tourists from all
over the world. This becomes possible and it only becomes possible if we
visualize splitting the roadway so that the east bound goes around the south
side of the island and the west bound goes around the north side of island.
Then you create a huge center with real possibilities. You also eliminate
some of the traffic problems you sere talking about a little while ago, Mr.
Mayor. The present plan does nothing but perpetuate the hodgepodge that we
have endured for the past 50 years, that's all it does. If you get right down
to brace tacks, that's all it does. I beg you, I beg the Commission to open
this proposition up to other ideas. There could be lots of them. Sure, you
might get a lot of crackpots down there, and they'll probably call me a
crackpot, they probably do already, that's all right, I've been called a
crackpot before. I have one very practical concept and very exciting concept,
and that is a human rights memorial, which could be a very interesting
centerpiece for our harbor, but I'm sure there are lots of other
possibilities. Let me just give you one, a Pan American trade center with a
1,000 foot observation tower, there are many others, if we just opened it up
and asked for ideas, we could have lots of good common sense suggestions that
would really utilize this beautiful. piece of property. I think I heard a
valuation... what is considered the value of Watson Island as it sits right
now?
Mr. Plummer: There is none.
Mr. Grentner: Huh?
Mr. Plummer: I based on the FEC acquisition property of waterfront across the
street, we paid $1,000,000 an acre and I just assume that that be a similar
situation on Watson Island.
Mr. Grentner: The value of Watson Island...
Mayor Suarez: It really depends on the use. You know, if it was an island
that was restricted to a park in the commercial sense, it has no valuation in
a sense, but if we permit like we are doing in some of these, with some of
these elements, some quasi-commercial, or commercial aspects to it, then it
has some value in the commercial sense. It has a lot of value in every other
sense. Is this part of your presentation?
Mr. Grentner: That's a scale model.
Mayor Suarez: This is a human rights memorial?
Mr. Grentner: That's a human rights memorial, yes sir. The actual value of
that real estate is easily in excess of $200,000,000.
Mayor Suarez: If you could use it for certain things, somebody would probably
pay $200,000,000, but not otherwise. In another sense, if you don't use it
for real estate development, if you use it for people taking advantage of a
very nicely landscaped area, it has infinite value. I mean, it has
immeasurable value, let's say.
Mr. Grentner: This could be the biggest thing that happened to Miami because
you would attract world wide attention. The building there, with a statue on
top goes to height of 300 feat. Now, this is just a concept, that's all it
is, and changes can be made in it, but it is only one concept, but this is
just an example of what you could accomplish with the real treasure that you
have sitting there on Biscayne Bay that's been nothing but a spill island all
these years and under the plan xhat's proposed, will be nothing but a
hodgepodge for the next 100 years.
71 Febsuaxy 23, 1989
Mayor Suarez: It looks quite nice, but I gather, and maybe Jack has looked at
some traffic plans that could do a sort of what do they call that, a
bifurcated system or something, but that would be quite expensive, bay-way
type.
Mr. Plummer: No, that was exactly the same concept as when they were talking
about the Tivoli Gardens that that kind of a road would be much better than
this one road down the center.
Mayor Suarez: But I mean, the building of that roadway, unless you start
throwing out every possible use, some of that roadway goes through existing
uses, I think, but aside from that, just the building of it would cost quite a
bit of money, I would think, no?
Mr. Luft: Yes, it would and you would have to completely rebuild the roadbed
and all the utility systems and drainage. Your problem however here, is that
you eliminate all of the shoreline uses, Chalks is gone, helicopters are gone,
the service is gone, Japanese Gardens, the Yacht Club is gone, the boat ramps
are gone, the marina is gone. It really focuses on the center of the island
as opposed to the shoreline and...
Mayor Suarez: Have you thought of a human rights memorial on a smaller scale
to go on the island?
Mr. Grentner: It shouldn't be on a smaller scale, Mr. Mayor.
Mayor Suarez: I was just wondering if you thought of it, considered it on a
smaller...
Mr. Grentner: Now, let me, if you don't mind, this building would include an
exhibition of the constitution of the United States, our bill of rights, which
is really the basis of our freedoms and then other stories up there showing
human rights all over the world. You know, the Helsinki Accord was just
passed and I don't know what the city was, last month, with many nations f
around the world putting human rights on the agenda and this is not just a
national proposition today, it is an international human rights situation, so
we could attract attention from all over the... -
Mayor Suarez: And the total height from the top of the statue or the extended
arms, to let's say the base there, all the way down to the bottom is 300 feet?
Mr. Grentner: Three hundred feet overall, yes.
Mayor Suarez: See, we've had some Commission concern even about an
observation tower that was going to be how high?
Mr. Luft: One hundred feet.
Mr. Grentner: I beg pardon?
Mayor Suarez: Some of the Commissioners have expressed opposition or concern
about an observation tower that would be just 100 feet in height and much
smaller obviously then that.
~; Mr. Grentner: I think you are going to have an awful hard time finding
anybody in Dade County that will object to that type of thing.
_ i
Mayor Suarez: That's beautiful. That scale might be something that people
would find, not to mention the cost of doing all that.
Mr. Grentner: Whether it is 300 feet or 600 feet or 200 feet is immaterial. -
Mayor Suarez: No, that is why I asked you if it has to be that large, because
actually in his plan, there would be all kinds of room for a human rights
memorial of a smaller scale than that.
Mr. Grentner: Oh no, it has to occupy the whole island and when you split
that roadway and run the roadway around, you eliminate your traffic problems,
you have a beautiful piece of land right in the center of that island that can
be used for something worth while. Now, remember also, and this ie probably rs
one of the things that got me thinking - across the channel, three and one-
! half million people come and go every year on cruises and I think it is
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~~ 72 Februar
y 23, 1989
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something like five percent that actually stay over in Miami even one day
afterwards. They could look at this for two hours every Saturday afternoon.
Mayor Suarez: I'ro sorry to interrupt you, but the other day they gave me the
figure. A very large percent of the people using the cruise ships are now
staying one day. Unfortunately, they don't spend a lot during that day, but
they do have to spend a day, I think about 40 percent, the last figure I
heard.
Mr. Luft: Yes, flights are hard to get so they have to come early and stay.
Mr. Grentner: Excuse me, I have one more thing, Mr. Mayor. I'm not talking
about the City paying for this. This would either be public subscription or
tax exempt bonds or money to be raised in various sorts of ways. You can get
so much public interest in this thing it isn't even worth talking about. Do I
have any questions?
Mayor Suarez: No cost estimate, at this point, do you? I had sort of got the
feeling that it would be quite expensive to build a roadway. You said
$200,000,000?
Mr. Grentner: well, this is the kind of thing you could get the State to pay -_
the cost of...
Mayor Suarez: No, no, I just want to know the cost. I'm not saying yet how
we would pay for it, but...
Mr. Grentner: No see, this is only a concept. This was done by an architect,
but there are no final plans or anything like that. It is subject to change, -
quite naturally. Now, as far as the cost is concerned, we figured off hand _
$25,000,000 to build it.
Mayor Suarez: But that doesn't take in to account the roadway and...
Mr. Grentner: But that could be raised by subscription, or if you opened the
door to something of this nature, we could raise it by public subscription in
a matter of a year.
Mayor Suarez: I don't know if there is any further questions from the
Commission, but by the way, you are welcome to, subject to the security
problems we have in this building to leave that around for some time if you
want people to see it, Charles.
Mr. Grentner: I would very much like to, sir.
Mayor Suarez: I hope we can maybe arrange to have it placed outside in the _
hallway somewhere where it doesn't... where people can view it. It's a very
exciting, very beautiful concept and if not for that particular location, God
knows maybe another one would come up. OK, Commissioner, what do you do with ~
the item? Do you want to exclude some of the things that you find
objectionable and move it, the concept...
Mr. Plummer: Mr. Mayor, the things for my favorable vote, we would remove the
dry rack storage, we would remove the observation tower, we would restrict the
hotel to a two-story hotel. Based on that, in principle I can vote for ft.
Mayor Suarez: With those modifications, are you moving the plan?
Mr. Plummer: If there is no objections with those deletions, I would move the
item as accepting in principle.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Do you have any rough estimate how many you can accommodate if
you restrict it two stories and... --
Mr. Luft: I think it fs possible to do 200. I can't tell you how efficient -
the building would be, but I think you could still do it.
- Mayor Suarez: Who was saying that in Honolulu or some other places in the `'
t,
Hawaiian Islands you have limitations that require them to build a couple of
stories underground for things that the flood criteria do not get violated?
73 February 23, 1989
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Mr. Luft: Yes, well, they build on sides of hills, ao it is a little easier
there to stair step it.
Mayor Suarez: Yes, and I guess they don't have the same flood criteria
problems we do. Anyhow...
Mr. Meinhart: I'd like to say that the two-story concept certainly can work,
and I don't want to be against it. By logic it obviously is going to take a
little more land to cover more land area. I think it would be more feasible
to limit it by a number of feet in height and then if you were able to squeeze
two, two and one-half stories in it with a mezzanine...
Mr. Plummer: I think... what are we talking, 30 feet?
Mr. Meinhart: Thirty feet, I think. That would be...
Mr. Plutmoer: I would have no problem with that. That's say a single family
residences to...
Mayor Suarez: They changed the definition of 30 maximum from grade.
Mr. Plummer: Maximum of 30 feet.
Mayor Suarez: From grade, right?
Mr. Plummer: From grade of course.
Mayor Suarez: So that if somebody could build half a floor.
Mr. Luft: That would put it lower in height than the expressway as it eaters
the island.
Mayor Suarez: Any further discussion with those modifications?
Mrs. Kennedy: If that in the form of a motion, I'll second.
Mayor Suarez: Moved and seconded.
Mr. De Yurre: I'd still like to have some kind of tower there. You know, ten
stories is not enough, the way I see it.
Mayor Suarez: Ten stories?
Mr. De Yurre: Well, I'm talking about tha observation deck. We're talking _
about an observation deck?
Mr. Luft: We eliminated the ob...
Mr. Rodriguez: They took it out.
Mayor Suarez: No, the hotel. We were talking about the hotel being
restricted to 30 feet. -
Mr. De Yurre: Well, J.L. wants to exclude the observation deck too.
Mr. Plummer: Yea.
Mayor Suarez: The observation tower.
Mr. Plummer: No, the tower, the 100 feet.
Mr. Dawkins: No, Miller Dawkins ie the one that excluded it, I think.::
Mayor Suarezs Right, and he moved to exclude. Now, we are talking about the
deck or the tower? I think you meant to exclude the observation deck too,
didn't you?
Mr. Plummer: Well basically yea, two and one-half million is what I've got'
here.
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Mayor Suarez: Because we don't have the money for that anyhow.
74 $ebFtai+~a~- ~~~ 1~~~
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Mr. Plummer: That's correct.
~1r. be Yurre: Weli, who is going to pay for it anyway?
Mr. Dawkins: That's what we are saying, that's what ae art trying to say.
Mr. De Yurre: It isn't going to be us paying for it, I can assure you of
that.
Mayor Suarez: Who is going to pay for an observation deck if they can't
charge a fee to go in, I mean.,.
Mr. De Yurre: Well, they can charge a reasonable fee, I just came in from
Toronto yesterday and we went up the observation deck, it costs us eight
bucks, we went up there!
Mayor Suarez: Yea, but that's a tower.
Mr. De Yurre: Well, that's what I am talking about.
Mayor Suarez: They had a tower and let's go over what we are doing here.
Mr. De Yurre: Well I didn't, DDA did.
Mayor Suarez: So we get Commission consensus. You would exclude both the
deck and the tower?
Mr. Plummer: More so the tower.
Mayor Suarez: You are more concerned about the tower.
Mr. Plummer: I'm flexible on the deck.
Mayor Suarez: OK, that's the motion. Now, are you arguing that you should
have a tower?
Mr. De Yurre: Yes. Yes, that is the ideal place, the people can go up. How
many people in this community get a chance to view what we get to see up from
the top of the Southeast Building?
Mr. Dawkins: All of ua who catch a cruise ship.
Mr. De Yurre: You know, unless you are flying in or out of town, you don't
get to see the view that many of us, you know, just miss out on, and I-think
that's a...
Mayor Suarez: You know, I suggest we don't get too involved in the issue of
the observatio n tower because that would have to be paid probably by the City
and we don't h ave any money for that anyhow.
Mr. Luft: No, that would... ~!
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Mayor Suarez:
Do you think it could be financed by the private? _
Mr. Luft: I would suggest that that be part of the hotel marina com lex where
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the promenade is and if the developer could finance it and provide it as
another part of the public component to draw people to the water's edge...
Mayor Suarez: With the understanding that it would not cost the City -
anything.
Mr. Luft: It would not, no, it was listed in here as a private cost, the
little tower.
Mrs. Kennedy: Then, let's leave it.
Mr. Dawkinss And you are going to expect the builder. to build: it,
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it, insure it, .
and charge no fee to use it?
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Mr. Da Yurre: He's got to charge a fee.
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Mr. Lufts No, there may be a fee to use it, i don't know, $1.00 to go up it,
but...
Mr. De Yurre: We'll get free passes though.
Mr. Dawkins We are just asking questions, i don't know.
Mr. Luft: But it could be...
Mayor Suarez: OK, with the proviso that, and that's a good one, that this
observation tower, I am asking the movant to see if he would agree to it,
would be built, totallp maintained by the developer of the Mega yacht Harbor
and Hotel complex.
Mr. Rodriguez: Or the successful bidder.
Mayor Suarez: I didn't mean anyone in specific.
Mr. Rodriguez: No, I know. That can break up in different ways.
Mayor Suarez: To a maximum of, how many feet did you have?
Mr. Luft: I put 100 feet because I think, from my experience of going up an
down in helicopters, that about how high you need to get to see the islands
and appreciate the coastline and the bay.
Mayor Suarez: Which fs roughly ten stories anyhow.
Mr. Lift: About what the Cape Florida lighthouse is.
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Mayor Suarez: It doesn't sound like that is 100 feet, does it?
Mr. Dawkins: No. Well, because I understand Commissioner De Yurre's line of
thought, but I would vote against it, because I don't want to block out the
view of the bay, although he is telling me, which is true, from the
observation tower you get a better view of the bay, but I personally I just _
don't buy it, that's all. Nothing wrong with it, I just don't buy it.
Mayor Suarez: How does that compare to the one at the end of South Point? -
Mr. Luft: It is about 40 feet.
Mayor Suarez: About 40 feet. That's a nice observation tower down there too.
Mr. Luft: You would want to go at least high enough to see over the causeway,
I mean, you know, it means coming in 35 feet there. -
Mayor Suarez: Do you accept the modification to the motion?
Mr. Plummer: I'm opposed to the observation tower.
Mr. De Yurre: How about putting a restaurant on top of the tower? Is there
any restriction as to where the restaurant is supposed to go?
Mr. Luft: Which oneT
Mr. De Yurre: Well, we are talking about "X" number of restaurants on the...
Mr. Luft: We were talking about a couple of restaurants along the walkway,
along the public promenade at the marina, just cafes. -
Mr. Dawkins: No, the first class restaurant you were talking about, where you
had to have it? _
Mr. Luft: We had one over at the Japanese Gardens and one at the public _
marina aext to the beach.
Mayor Suarez: That's where I get off. You would not have my vote for a ``~
restaurant on top of an observation tower at this point. If you want an
observation tower like the South Point observation tower, which is very much
of a woodsy tower, I don't know how to describe it, 40, 50 feet high, where ~
soma people that can't get into a large building downtown can look at the _
a
76 FebruBxy 29, 1969
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Nr. ~awktnss Call the question.
Mayor 5uareie: OK, we have a motion that exoludes the observation tow+~r, ~na~ ` `
sot say anything about the deck at aii, I mean, the deck, if they aati finan~a
itself, I don't...
Nr. Plummer: That's fine.
Mr. Loft: Yes.
Mayor Suarez: Right.
Mr. Plummer: That does not block any view, the deck.
Mayor Suarez: Right, the deck doesn't block any view.
Mr. Lofts No, the deck is for the views.
Mayor Suarez: And the other provisos and we have a second. Any further
discussion? Call the roll.
The following resolution was introduced by Cotmnissioaer Plummer, who
moved its adoption:
RESOLUTION N0. 89-199
' A RESOLUTION, WITH ATTACHMENTS, APPROVING, IN
PRINCIPLE, THE WATSON ISLAND MASTER PLAN 1989;
' FURTHER, DIRECTING THE ADMINISTRATION TO PROCEED TO
_ ,, _..PUBLISH SAID PLAN, AS AMENDED; AND PROVIDING AN
-, EFFECTIVE DATE. .
-' (Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon .being seconded by Commissioner Kennedy, .the resolution was paz;sed
and adopted by the following vote:
", 'AYESe Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
i
NOESs. Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre `
ABSENT: None. `f
' ~ COlII~1ENTS MADE DURING ROLL CALLS ,
Mr. Dawkins: I•m going to vote no, with the proviso
when I that I can_chango my voter
-~ see what ae are talkiag about. I doa't have
what we
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2~. Lt~AL GIRL SCOUTS GROUP: Refer to City Manager request by locel Girl
Scout group for placement of a tent during the day in Hadiey Park.
Mayor Suarezs Commissioner Dawkins.
Mr. Dawkins: The Girl Scouts arc desirous of having a recruiting outing at
Charles Hadley Park on the 18th and they could like for us to make it
available and they keep getting some static that they can't use it because
they can't pitch a tent, or something, .but they don't pant to spend the night,
they just Nant to pitch tents and things to show Girl Scout handicraft and
etc. and I'd like to move...
Mayor Suarez: Yea, move to instruct the Manager to pork with them to tarty
that out. It sounds very reasonable.
Mr. Dawkins: OK, thank you.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: Wait, wait, why in the hell can't they pitch a teat? Sometimes
people around here go absolutely bananas)
Mr. Dawkins: They do, but rules and regulations!
Mr. Plummer: Why?
Mayor Suarez: It's probably one of our ordinances or rules or something, that
someone can't...
Mr. Plummer: Have you ever been... you were at the Boy Scout Camperee in a
City park.
Mayor Suarez: That sure is true, a lot of tents there. .
Mr. Dawkins: Not Boy Scouts, that's Carlos Arboleya.
Mr. Pluauner: Well, maybe that's even a better reason to ask the question":
Who said they couldn't pitch a tent in the park?
Mr. Rodriguez: I don't know, so I had to go and... '-
Mr. Plummer: Well find out! j=
Mr. Rodriguez: I will find out, but I imagine that they don't have the
facilities for... rest room facilities available to them, that might be the '1
reason, but I don't know. What park is this? I'm sorry, Commissioner.
Mr. Dawkins: Hadley. i
Mr. Rodriguez: Hadley. ,~
:~
Mr. Dawkins: Miller Dawkins Park, across from me.
Mayor Suarez: That's the bad part, I think he thinks-ha owns it Howl 'You
want to take a vote on this motion? '~
Mr. Dawkins: Yes.
Mayor Suarez: It sort of goes with the force of the motion:
Do ve ;have ~ a _ ;
motion and a second?
;,
Mr. Dawkins: Moved.
Mr. De Yurre: Second. - ,. -., ;
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Mayor Suarez: Seconded, call the roll.
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The following motion sae introduced by Conrnissioner DaMkihs, Mho ato~rad
Its adoption:
MOTION N0. 89-200
A MOTION REFERRING TO THE CITY MANAGER REQUEST FROM A
LOCAL GIRLS SCOVT GROVP FOR PLACEMENT OF A TENT AT
CHARLES HADLEY PARK ON MARCH 18, 19892 FURTHER
REQUESTING THE CITY MANAGER TO WORK WITH SAID GROVP TO
TRY TO ACCOMMODATE THEIR REQUEST.
Upon being seconded by Commissioner De Yurre, the motion aas passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy '
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. ORANGE BLOSSOM CLASSIC HOST COMMITTEE: Request status report on how
monies were spent in 1988 and proposed expenditure in 1989 - request
Host Committee to make a budget presentation re balance of monies given
by the State. -
Mr. Dawkins: We have a minor problem in that the City of Miami acted as
custodians for money that the State of Florida made available for the Orange
Blossom Classic, OK, now and we have been the custodians and to me it has
become a hassle. We were told by Senator Meek to give the committee $100,000
with which to promote the 1988 Orange Blossom Classic, and that committee -
overspent their budget by $16,000 or $18,000, and J.L. Plummer would love not
to pay, because they owe The Miami Herald and they owe The Miami Times money.
So I would like to move at this time, we have Senator Meek' approval to pay
the overage of $18,000, or whatever it is, but I would like to move that ae -
give the Orange Blossom Classic Committee any money that is left in there for
the promotion of the Orange Blossom Classic, and that the City of Miami be out _
of it, and also a part of my motion, in the event that the State of Florida-
decides to give more money that some other entity act as the depository,. and
not the Citq of Miami.
Mra. Kennedy: Second.
-~
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_! Mayor Suarez: Moved and seconded.
~~ Mr. Plummer: Question, how much money was there total?
i
Mr. Dawkins: $200,000, $250,000!
- tlr. Plummer: $250,000 of which they have received $100,0007 a~
_
Mr. Dawkins: No! No, Mra. Rolle, would ou come to the mike
Y , please, Ma'am? .. ;a
Of the $250,0 00, approximately what's left in the fund?
Ms.
Rolle: I
believe they told me approximately between $50,000 and $75;000. ~-
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Mr. Dawkins: Out of the $250,000, J.L., it is about $60,000, rougl~ly~they `
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Ms. . ..
Rolla: This is, let's see, it was for .three years, two yea='A ps;st, we ;_
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got one more left on the $250,OOQ. ~~*
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Mr. Piutamar: What are you going to use next pear?
Ms. Rolle: For the '89 Classic?
Mr. Dawkins: Hhatever they have left over after you give them all this money.
Ms. Rolle: I don't know, I just... whatever they have left, I guess. The '89
Classic is supposed to be the fourth weekend in October, and ae were trging to
get the funds so that we can begin planning now for this year.
Mr. Plummer: Wall, but wait a minute now.
Ms. Rolle: OK.
Mr. Plummer: Immediately you're saying that you've got to have $18,000 to
pay...
Ms. Rolle: It is not $18,000. Senator Meek said up to $16,000. The actual
bills were between $14,000 and S15,000.
Mr. Plummer: Do we have any kind of an audited report on the monies that have
been spent to date?
Mr. Dawkins: Yea, sir.
Ms. Rolle: Check Ms. Pearl Scher.
Mayor Suareza Yes, that's a requirement, I think.
Mr. Plummer: Does the City have that report?
Mr. Dawkins: Yea, we have the report, J.L., but it.., we have an audit, we do
have an audit of the expenditures, but it's quite a hassle and it's just - in
my opinion, it's just something to get out of. That's my opinion.
Mr. Plummer: Well, I have no problem with getting out of it and being
responsible, but that's not our position, right now we are responsible and
that's why the money was funneled through the City with hopes of control.
Mr. Dawkins: Amen!
Mr. Plummer: Now, my question is, as we all are, much to our chagrin, aware,
there was a little hit of a problem that was raised, and I said that no more
money would go to them until that problem had been resolved. Now, that
problem supposedly was resolved. I'm asking now, has there been an audit done
on this year?
Mr. Rodriguez: I cannot answer that. I can bring you an answer, if you want
_ to, in half an hour. I didn't know this item was on the agenda.
Mr. Plummer: Well I, look, excuse me. Look, unless I am all wrong, there wan
a reason for the State of Florida passing the money through the City of Miami.
That was a hope...
i
' Mt. Dawkins: Accountability, that's right, you are right.
Mr. Plummer: A hope and desire that the City could exert more control and
observation on how the monies were spent. The first year created a problem.
This is the second year. I don't know whether or not everything has been
satisfied for the second year. We know they've overspent. That we know, and .
yet we .are looking at the monies to give them today, for the third year,_and _
we. don't know what's happened. Now, I don't think that that really is a ,
logical responsible position for us to take, entrusted by the State, to saq,
hey, we're going to look to you, City of Miami, and I agree with you, Dawkins,
OK, let's get the hell out of being the overseer, let the State oversee their
own money.
Ms. Rolles I can't account for last year. I can account for this year, the
F88. I can account for that. You can check with Ms. Scher, as far as '88 ~,s~
concerned, and we had to verify everything that was spent. She does Aot plsq
one thing. You got a very competent gerspn in Ma. Scher.
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Mr. Plummer: Well, I think this Commission needs to hear from Ma. Scher,
that everything is in order...
Ma. Rolle: Well, that's through Frank's offict.
Mr. Plummer: ... or that you know, the initial instigation, Billie, is that
they've overspent.
Mr. Dewkinas OK, hold it. i withdraw that motion, and I make this motion and
see if it will fly. I make a motion that at the next Commission meeting,
whoever, Ms. Scher, or whoever, come back to this Commission, give us an
accounting of how the money was spent, and in order to justify that amount of
money was spent and once that is proven, and the $14,000 is paid, any money
Lhat's left is given to the Orange Blossom Host Committee, who ever it is,
made available, just like you made the other available last year and be
through with it.
Mr. Plummer: No, I can`t go along with that, I'm sorry. If they will submit
a budget of what the remaining balance is going to be used for, that I can...
Ms. Rolle: That has already been turned in to the City office...
Mr. Dawkins: I could go with that if they had not presented a budget to me
the last time it went $18,000 over.
Ms. Rolle: OK, could I explain something please? OK, we verified the
$100,000. OK, Ms. Scher has all of the papers for that. She told ua that in
order to receive the money to pay for the debt we're in, we'd have to submit
all the bills to that office, but we had to have spent the $100,000 before you
could ask for the additional $14,000 plus, OKT And she told us that we had to
present all of those bills into that office - all of that's through Frank
Castaneda's office, so Ms. Scher is a director there.
Mr. Dawkins: I want to say one thing and be finished. Whatever this
Commission does, do it, but I am fed up with the black community telling me
that I act as if this is my money, and that I parcel it out to them cause it
is my money when I ask for accountability and I am fed up with it, but
whatever the majority of the members of this Commission do, I am with you, but
I want it understood here and now, that this is not my money, but as J.L.
Plummer said, the State entrusted us with it for accountability and when I
request accountability, I get called all kind of things and I've had it up to
here with that.
Ms. Rolle: That's last year. That wasn't this year.
Mr. Plununer: Well, let me call on it and let them call me those kind of
things. All I am saying is, I'll make you a motion that at the next Commission
meeting that if it is Juanita Shearer who is in charge of it, that she come,
or in writing make us a presentation of an accounting for the 1988, and that
the Host Committee make a presentation to us in writing as to what the
remaining balance of those monies would be used for and then I can vote for
it, and I so move.
Mayor Suarez: So moved, and seconded?
Mr. Dawkins: Who seconded itT
Mayor Suarez: No second. We have a motion. Do we have a second? Do you want
to restate the motion, Commissioner Plummer?
Mr. Plummer: Motion simply is that we gat an accounting for the monies spent
and a budget for the monies proposed to be given for '89, period.,
Mrs. Kennedy: Can you wait until next Commission meeting?
Ma. Rolle: Well, people just been waiting since September, I think, so I
guess they won't take you to court before then.
Mrs. Kennedy: I'll second.
Mr. Plummer: The Miami Herald has beautiful past due letters.
81
Mayor Suarez: March 3rd.
Ma. Rolies March 3rd, OK, and I just grant to say it to tha Gsmraisas;iot- i. • .
Tr_
Ma1-or Suarez: No, no, I'm sorry, no, no. -
Mrs. Kennedy: There is one March 3rd. -
Mayor Suarez: TMenty Mhat? '-
Mr. Rodriguez: There is a meeting next Meek which is March 3rd.
- Mr. Plummer: No, March 3rd. ~„
Mayor Suarez: That's Mhat i said, March 3rd.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I don't care if the agenda is already prepared.
Mr. Plummer: So, Me'll use it as a pocket item as it is here today.
Mayor Suarez: This Commission Mants to resolve this issue and we should get a _
report by next March the 3rd, next Commission meeting. _
Ms. Rolle: You sill have it by March the 3rd and I would just like to say '.;
that I was not involved in '87 Orange Blossom Classic and I don't intend to be
involved in the '89 Orange Slosaom Classic. So I don't know nothing about all t
- of these irregularities, OK?
Mr. Plummer: How did '88 turn out? -
~:
Ms. Rolle: It was all right.
Mr. Plummer: How many people were in-attendance? -
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Ms. Rolle: Oh...
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Mayor Suarez: At the game.
Rolle: I don't remember. I really don't. I think it Mas more thatt it
Ms f:
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was at the previous game. I think they said 23,000 something like .that. And rtt
it was seventeen the year before. _ s
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Mayor Suarez: Major, substantial increase, call the roll. -
- The following motion was introduced by Commissioner Plummer, vrho moved
,
its adoption: G
_
_ +.
=_ MOTION N0. 89-201
A MOTION INSTRUCTING THE ADMINISTRATION TO GIVE THE ;'r
;x.
CITY COMMISSION A STATUS REPORT AT THE NEXT CITY `' ,
! COMMISSION MEETING AS TO MONIES SPENT BY TH8 ORANGE
BLOSSOM CLASSIC HOST COMMITTEE IN 1988 AND A BUDGET AS " ~_
'TO HOW MONIES ARE PROPOSED TO BE USED IN 1989= FURTHER '~
~
_
REQUESTING THB ORANGE BLOSSOM CLASSIC HOST COMMITTEE ~
TO AL30 MAKE A BUDGET PRESENTATION IN WRITING AS TO
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INTENDED USE FOR THE REMAINING BALANCE OF MONIES ~~-
PREVIOUSLY APPROPRIATED BY THE STATE OF FLORIDA' ~ IN " ~ ~~{ ~- Yf~
'CONNECTION WITH SAID EVENT. = --
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Upon baing seconded by Commissioner Kennedy, .thee motion was passed ;Rmd ~.'- ~.~r -
adopted by the following votes ~~i~; ~ _
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AYE'J: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NO$S: None.
ABSENT: None.
25. CREDIT CARD TO PAY CITY EXPENDITURES OF CAMPAIGNS: Instruct City
Attorney to come back before the Commission pith a recommendation on
said issue.
Mayor Suarez: Commissioner, did you have one more item before we adjourn?
Mr. Dawkins: OK, the other one was - Mr. City Attorney.
Mr. Jorge Fernandez: Yes.
Mr. Dawkins: I called Tallahassee and they told me that I cannot use a credit
card to pay campaign expenditures in the City of Miami. It can only be done
statewide. Now, the state has a law - read.. you got the copy of it, will you
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- read it, Matty, what it says, please. Listen, Mr. City Attorney.
Mr. Fernandez: All right.
Ms. Hirai: This is 106.125 "credit cards, conditions and use. Any candidate
for statewide office or any political committee created to support or oppose _
any candidate for statewide office or to support or oppose any statewide issue
may obtain and use in making travel related campaign expenditures, credit -
cards" period.
Mr. Dawkins: Now, you can use it... now, I'm in the state of Florida so this
and although my election cannot be considered statewide, what do we have to do
in order for us to be able to use a credit card which makes it much easier to _
keep up with expenditures and a lot of places will not accept a check that _
~'
will accept a credit card.
~:
Mrs. Kennedy: For the Miller Dawkins campaign fund, credit card.
~
Mr. Dawkins: Yes, but they won't accept it. The State of Florida says it is -
illegal.
Mr. Fernandez: First, I have to make sure that State Statute preempts this.
a Commission from establishing its own rules on how it conducts its own
elections and campaigns. If State Statutes controlling, then the only way to
do that is by making an amendment to State Statute. But if locally you have ~~-
the jurisdiction, the power to do that, I need to look at our charter and code
to see how we can incorporate that to make sure that the use of a credit card
~ is a viable means of charging and credits and the like for an election
campaign.
Ms. Hirai: Excuse me, I do not believe the charter addresses that issue. ,. 4.
Mayor Suarez: What was that?
Ms. Hirai: I do not believe the charter addresses credit cards issues so...
Mr. Dawkins: Well, if it doesn't, then who... hold it, then that's,where I'm~
trying to gat. - - ,,,.
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Ms. Hirai: Then state...
Mr. Dawkins: Ii the charter does not address it what
prohibits it1
Ms. Hirai: State Statute. ;~
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Mayor Suareza State law, State law.
Mr. Plummers Well, don't I recall some issue coming up two years or three
years ago that if you had a credit card is the name of the campaign rather
than a personal...
Mayor Suarez: You can set up a campaign credit card if in the bank at all __
times you have enough money to pay for any expenditures that you...
Mr. Plurtmner: That it's not on credit.
-i=
Mayor Suarez: Right, that it's not on credit.
Mrs. Kennedy: That's what I said but Matty was saying no.
Mayor Suarez: Oh, I'm pretty familiar with that law.
Ms. Hirai: I was just quoting from the statute and it addresses statewide
issues and campaigns only.
Mayor Suarez: Do you want to get a written opinion on what is the law and
what we should - and we're going to change it if...
Mr. Dawkins: Yes, I would like to.
Mr. Fernandez: We also need to talk to the supervis... -
Mr. Plummer: Don't leave home without it.
Mr. Fernandez: Mr. Dawkins, I need to talk to David Leahy, the supervisor of
Dade County elections and see where there may have...
Mr. Dawkins: Well, they both just... I'm sorry to cut you up - they both
just, they called them less than an hour ago.
Mr. Fernandez: All right.
Mr. Dawkinss And they've already been told, you know, legally what they...
you get it for yourself but whatever has to be done, please do it.
Mr. Fernandez: All right. -
Mayor Suarez: Anything further, Commissioners, otherwise, we're adjourned
till fiver
Mr. Plummer: Huh? You're kidding.
26. ROBERT KING HIGH PARK - not the only park in which Girl Scouts and Boy
Scouts can have overnight camping - direct City Attorney to prepare an
`'
°' ordinance by next Commission meeting - include language that shall apply ;
'
~
~. to all parks. ,
i! _---_-------------------------------------------------------------------------
~ Mr. Dawkins: Yes. z
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Mayor Suarez: Commissioner Dawkins. ~ - r=
Mr. Dawkins: I'd like to pass an emergency ordinance...
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Mr. Plummer: Oh, oh. Oh, oh. _ n=-
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Mr. Dawkins: ... that says that Robert King High Park is not the only park >`
that we can have overnight Girl Scout/Boy Scout camping in. Now, they tell me r-
i that the charter specifically says Robert King High only... _a
-; Mr. Jorge Fernandez: The code.
,
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Mr. Dawkins: ... eo I want to do - I want to pass.... that was passed, bar
_
_j` resolution, and I want to pass an amendment to the resolution that teat's
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anybody who comes before this Comicisaion can get permissiot: to eatnp dot f+br
Girl Scouts or Boy Scouts.
Mr. f'ernandez: What Mere talking about is the section in the code 39-50
Mhich Mas originally an ordinance passed by this Commission prohibiting
overnight camping in tents, or Mhatever, in all City parks except Robert King
High Park and that is after they pull a permit to do it. If Mhat you Mont to
do is make it citywide, that all parks could be used for this, subject...
Mr. Dawkins: If they pull a permit, that's all. There ain't no problem.
Mr. Fernandez: Well, but are you...
Mayor Suarez: Subject to the same criteria that Me apply for use of Robert
King High Park, Mhatever those are.
Mr. Fernandez: All right. OK, so your issue goes to all City parks, not just
to Charles Hadley Park, is that correct?
Mr. Dawkins: Yes, but then this Commission Mould have the right to say that
if you want to put one in - Mhat's this thing over here? -Marjory Stoneman...
Mr. Fernandez: Yes.
Mr. Dawkins: ... then we knoll it's not enough space so Me say no.
Mr. Fernandez: Correct. I understand you. We'll prepare an ordinance for
you. Would you like that sometime yet today or at the next City Com....
Mr. Dawkins: No, no, no, no.
Mr. Plummer: It's not that much emergency.
Mr. Dawkins: No, at the next meeting, please, sir.
Mayor Suarez: OK.
Mr. Fernandez: All righty.
27. (Continued discussion) ACCEPT GLASS HAND ENGRAVING OF SEAL OF REPUBL"IC
OF CUBA FROM THE J. MEDINA GLASS CO. OF NEW ORLEANS - for display in the
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Thy gciloMing taioluti~it- vas iREroduCed by Coto[ni~Si+~Rer ~lurr~e~r, ~+~
~v~il its AdOptibns
RESOLt)TIOIi N0. 89202
A 1t8$OLU'i'ION ACCEPTING THS DONATION OF A GLASS HAND
ENGttAVING OF THE SgAL OF T~ RgpUBLIC OF CUBA FROM THE
J. MEDINA GLASS CO OF NBW ORLEANS, LOUISIANA, FOR
DISPLAY IN A CITY LOCATION SUITABLE FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was pissed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commmissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Vfctor De Yurre
Mayor Xavier L. Suarez
ppgS~ None.
ABSENT: None.
-- ------------
28. (Continued discussion) TREASUR$ CHEST STORES Instruct Miami Capital
Development Corporation (MCDC) to accommodate Joyce Small's request for
a business loan, subject to MCDC's normal terms/conditions and subject
to a plicant's submittal of security agreement, plus personal guarantee
P
(See label 11).
Mr. Dawkins: Now, we asked this morning...
Mayor Suarez: Commissioner Dawkins.
I asked that Miss Small be given some assistance. ,Henry,.:
i
ns: ...
Mr. Dawk
what happened?
Mayor Suarez: This is on tha - I want to say the name, Treasure Chest.
Henry Jackson: What happened was that Frank Castaneda has to research the
Mr
e
.
CDBG monies to see if they can be used for that kind of loan because they ar
n
y
out of the target area and what Frank suggested was that e
.
the Stuart Sorg. mo
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t time
th
has been repaid for the hydrofoil, which was $25,000 and ,
a
that, at
to
e
called Carlos Garcia t
ld be uaeduand h
o could r
e saidsthey
cou
o those funds
Community Development s
es
Mr. Dawkins: The only problem
n
F
e
e l$258000uinto
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tr
we
if
make
does it
the target area, what differen er a
ans
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the still illegal fund? How can they get it out?
~~{
Ma or Suarez: Md while you're answering that, Miami Ca
y pital makes some loans
.. ~.
outside of target areas if they use CDA funds. ;~~
Mr. Frank Castaneda: All the loans on Miami Capital are inside .the target. ~
area.
Mayor Suarez: Which target areas? ~~ ~`'~
Mr. Plummerr Some of them are out of Citq. 4,~3~.~ ,;. ,
Mayor Suarez: Some are out of the City. °, tt° _
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l~lr. Castaneda: ' Some are...
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Mayor Suarez: Oh, they be definition have to be either, whether it's our
funds or EDA funds, have to be in the target areas?
Mr. Castaneda: Well, the loans have to benefit low and moderate income
individuals or remove some on blight as we discussed this morning. It is a
lot easier to demonstrate that the loan benefits low and moderate income
individuals if it's in the target area.
Mayor Suarez: If they're in target areas. Yea, but it's not a fixed and hard
rule.
Mr. Castaneda: it is not a fixed and hard rule but the issue is that
obviously it would be a lot easier to say that a loan serves some moderate
income individuals if you're putting up a factory and things like that which
would hire a large number of people at very low wages.
Mr. Dawkins: Let me say something. Make the Loan and then let's worry about
whether it's easy or hard to f ustify it. You see, it's amazing hoe certain
loans that come up here we find all kind of angles not to do it. It's hard to
explain it. You can't justify it. We might be able to justify it, but... now
how can we... go ahead.
Mayor Suarez: How did Mr. Sorg qualify, was he in a target area, Biscayne
Boul... I mean Biscayne Bay?
Mr. Castaneda: No, no, Sorg's money did not qualify under Community
Development and Sorg's money came from another fund.
Mayor Suarez: That's the monies that we're talking about using for this loan,
so...
Mr. Castaneda: That's correct.
Mayor Suarez: ... wherever it came from, sounds like it permits this kind of
a loan.
Mr. Dawkins: That's right, that's what I would... _
Ms. Hirai: We need your name for the public record.
Mr. Castaneda: I believe that loan came...
Ms. Hirai: Pull the microphone out, please.
Mr. Castaneda: ... from the marina fund.
Mayor Suarez: Marina enterprise.
Mr. Plummer: Yes, enterprise.
Mr. Castaneda: Marina enterprise fund and Carlos Gar...
Mayor Suarez: But it didn't go back to the marina enterprise fund.
~ Mr. Castaneda: And it went back into the marina enterprise fund.
i Mayor Suarez: I thought they said it didn't.
Mr. Dawkins: OK, where can we find $15,000, the marina fund, the any other
fund to loan this lady?
. Mr. Plummer: Under what terms and conditions?
Mr. Dawkins: That's right. No, let's find the money and then I can.., qou
see, I don't want her to tell me - I don't want to tell her she's got to pay
it back in one year or one year and a half without getting it. You see, dad
here again, my fellow Commissioners, this morning you talk about a mi3lon
dollars for Camillus House...
Mr. Plummer: Two.
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Mr. Deakins: ... you're talking about other things and here's a louaq $14,000
to help somebodq in the communitq and you can't find a aaq to do it.
Mayor Suarez: Commissioner, if we make a motion to instruct, as has happened
in Lhe past, Miami Capital Development Corporation to lend them the money and
assuming and finding that they otherwise qualify, not because they're in the a
target area because apparentip they're not but because theq, otherwise,
qualify under their criteria, that's been done in the past aith Miami Capital,
they've been told to lend monies under... from their funds and they've got
those kind of funds available.
• -
Mrs. Kennedy: I'll second the ........ `~
Mr. Plummer: Can i ask a question?
Mr. Dawkins: Moved, moved, moved and se...
Mayor Suarez: Moved and seconded. Commissioner Plummer.
Mr. Plummer: Under discussion.
Mr. Dawkins: Under discussion, J. L.
Mr. Plummer: Has the applicant tried to get a bank loan?
Mr. Rick Williams: Yes.
Mr. Plummer: Why was she turned down?
Mr. Williams: It was because it's a new business.
Mayon Suarez: Too high a risk.
Mr. Plummer: It's what?
_ Mr. Williams: Because it's a new business.
Mayor Suarez: Too high a risk.
Mr. Plummer: And what kind of collateral is offered?
Mr. Williams: Well, we have a home and we also have inventorq and things of
that nature. Also, we've invested $1k,000 of our money into the business thus
far. What we need - I just came on board. This is my mother-in-law and my
wife, they're just trying to preserve the tradition that's become so greatly
known in Coconut Grove. And when you talk about the target market area,
you're talking about 20 feet, 20 feet. And not only that, I just left a
$50,000 a year job to come on board to raise capital funds, to raise cash flow
- for the company. I have a plan that whereas I can generate up to $145,000.
Whey I spoke to them this morning, we just asked for this to get us over the
hump and we're talking about 6 months. That's all I need. I just need time
because the landlord, his back is against a wall, we're just asking for time
to help. In the concept of this particular business, we'll use disabled
= veterans, we'll use citizen - I mean, senior citizens because it's all
gredicated on hand craft, home made items. We just need help to get over this
~
, hump right now. Rick Williams, 3146 Commodore Plaza.
1
i Mayor Suarez: OK, we have a motion and a second. Any further questions?
Mr. Plummer: Under normal terms and conditions, is that a....
Mayor Suarez: Of Miami Capital, right.
Mr. Plummer: And collateral being supplied. y:
Mr. Dawkins: Hold it now, no collateral because if she had collateral, shy `~ '~
wouldn't be here.
Mr. Plummer: No, he's got his home, no, no, no, no, no. Wait a miaute, nogg,
_ he's offered to put up his home as collateral. ;.,
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Mac. ~liliiap-s: The home has no equity. ~ ~ ~ ~ r~
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~$ ~-ebruaxy 23, i~~~
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!!r. bawkifia: Equity, equity.
Mr. Williams: It's only two years, the home has no equity iA it. Asa they
said they could do it without that.
Mayor Suarezs They did say that?
Mr. Williamss Right.
Mr. Plummer: What guarantee does the City have ae're going to get our money
back?
Mayor Suarez: Personal guarantees. '{
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Mr. Williams: Yes, we have personal guarantee. "~-
~~~
Mr. Dawkins: Same ss some of these others. No Stu. no, I can't use Stu Sorg,
see, he had the money in the bank, if he defaulted, I can't use him as an
example. -
Mr. Planners You know, somewhere, some ways along the line, this Commission
cannot be the one who's... it's not our business to be bailing people out in
grivate business. And, you know, if we do it for you, we've got to do it for
everyone else that comes knocking on that door.
Mr. Williams: I understand, sir, but if you understand the concept - OK.
Mr. Plummer: You know, if you could give me some collateral, give me some
collateral, I sap yes. Help you over the hump. You probably would be the
first black merchant on Commodore Plaza and I think that's merit, OK? But,
you know, I've got to protect the taxpayers' money.
Mr. Williams: We're there now, we just want to at ay there and if you'd give
us the help...
Mr. Plummer: I understand that, sir, and if you can come up with some kind of -
collateral th at guarantees that the money will come back to the City, I say
yes. We've got to have something to protect the taxpayers' money. I don't
know what you got. You got $15,000 worth of inventory?
Mr. Williams: The money that we have we put into the business.
Mayor Suarez: You would give us a UCC over all the inventory and equipment? .
Mr. Williams: We have all of that.
- Mayor Suarez: They would have a security agreement over the inventory and
equipment. _
Mr. Plummer: If there's some way to secure the guarantee the return.
I
Mayor Suarez: It wouldn't be fixed collateral like a home or real estate, but
l it would be the kind of thing that is done in the - generally in the
marketplace w ith inventory loans. -
Mr. Plummer: You feel comfortable with that?
.8
~ ~
Mr. Dawkins: Yes, I do. - x;
Mr. Plummer: I do not. ~~'
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Mr. Dawkins: Call the - I mean, call the question. i~ ;'~ `~'
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Mr. Plummer: that?
You all feel comfortable with ~ ;~
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t know what he has in inventory and.:.,
Mr. Sergio Rodriguez: I don ~~ ?
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Mayor Suarezs He's right, this would be very similar.... ~~`:~
Mr. Dawkins: You know, the only thing is, 1t's ama~fng how we ali hays r
.
certain limit ations and some things coma through here that I ~aA't i~tomseh and ~4
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that' go through. 8oioe things coma through here that others can't stomach ahd
this go through, C1K? Dut now, hero we harre, and I'm going to say just ref the ~'
sake of discussion, so Me lone the $15,000...
Mayor Susre2: What's peanuts compared to how much we lost on the if-suraf-hb
sxchanga of the Americas.
Mr. Dawkins: Thank you.
Mr. Plummer: Well, you know, I...
Mr. Dawkins: And - wait a minute now...
Mayor Suarez: Which is a $550,000 loss we took.
Mr. Dawkins: And now you turn up...
Mayor Suarez: More than that, $800,000.
Mr. Dawkins: ... then you come up and say, "Oh, we've got to do something so
it don't be another disturbance and we need to help these people help
themselves. And we need to reach down and pull them up by their bootstraps."
...and we go on and on and on and it's nothing wrong with protecting the
citizens' money. But we sit up here every - I mean every time I look up, I'm
voting on something that's questionable. So this is another one and now
wait a minute - and sometime I don't vote because I don't like it. Now, I
agree with J.L., we are supposed to protect the citizens' money but we sit up
here and give out fifty, sixty, seventy-five, eighty thousand dollars on no
more than a romise just like this entleman ave us that he's oin to secure
P g B B B
it with his personal whatever it is.
Mayor Suarez: OK, give us security agreement over inventory and a personal
guarantee, right?
Mr. Williams: Yes.
Mayor Suarez: On that basis, does the movant accept the...
Mr. Dawkins: Yes, um hum.
Mayor Suarez: Do we have a second? ~ '~
Mr. Plummer: Security agreement.
Mayor Suarez: Over all the inventory and equipment. Call.the .roll.
The following motion was introduced by Commissioner Dawkins,'~`vho moved b
its adoption:
i .
MOTION N0. 89-203 ~°
'
- s
A MOTION INSTRUCTING MIAMI CAPITAL DEVELOPMENT '~
CORPORATION (MCDC) TO ACCOMMODATE MS. JOYCE SMA'LL'S
=_ (THE TREASURE CHEST STORE) REQUEST FOR A BUSINESS LOAN
IN THE AMOUNT OF $18,000, SUBJECT TO A FINDING BY MCDC
-
THAT APPLICANT QUALTFIES UNDER MCDC'S NORMAL TERMS AND
~~
_
CONDITIONS, EXCBPT AS TO THE REQUIREMENT THAT THE
- :. _~
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BUSINESS CONCERNED BE LOCATBD WITHIN TIDE TARGET AREA
; = ~`
,
FURTHER SUBJECT TO APPLICANT SUBMITTING A SECURITY ,~ ~
.
'~
- ~ AGREEMENT OVER INVENTORY AND EQUIPMENT PLIIS A PERSONAL ~ ~ `~A L
~
7
~~~
GUARANTEE. ~ ;~ alter
~ ~~ -
Upon being seconded by Commissioner Kennedy, the motion
v~as ~pdseed ~l~d ~ ''~~~;,
-
adoptad by the following votes ~ t "
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• •
A~$S: Coiaoiasioner J. L. Plummer, Jr.
~ommlissionar Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
AS5ENT: Vice Mayor Victor De Yurre.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummers I'm going to vote yee, but I'm cautious.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Castaneda: Are you referring just to Miami Capital, ie that the...?
Mayor Suarez: Yes.
Mr. Dawkins: And no, no, no. We're telling Miami Capital to find the money.
Mayor Suarez: Yes, we're not referring, we're instructing them.
Mr. Dawkins: This is not being referred to them. They're being told to find
the money.
Mayor Suarez: Other than those essential parameters, they do their usual
paperwork, but not, you know, they have to make sure, of course, that he
doesn't have other things that the money would be used for and the usual
securities, I mean, investigations, but not anything beyond that.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:19
P.M. AND RECONVENED AT 5:08 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION RESUMES
- CONSIDERATION OF PLANNING AND ZONING ITEMS.
29. REVIEW OF ZONING BOARD'S APPROVAL OF VARIANCE AT 2606 AND 2612 S.W. 28TH
ST.: Discussion and continuance to March 23rd, 1989 (Applicant: Leonard
A. Ralby).
Q
Q
Mayor Suarez: PZ-7, Courvoisseur Center, Attorney Bob Fitzsimmons.
Mr. Guillermo Olmedillo: We haven't heard.
INAUDIBLE COI~JENTS NOT ENTERED INTO THE PUBLIC RECORD.
~_ Stave Helfman, Esq.: For the record, my name is Steve Helfman. We handle the
matter for a Mr. Ralby. Mr. Fitzsimmons has taken an appeal of our variance,
which was approved by the Zoning Board, he is not here today to handle his
appeal. He asked me if I would agree to a deferral and I have. So...
Mayor Suarez: Is there anyone that was here to be heard on item PZ-7?
~'
Mr. Plwnner: Excuse me, a withdrawal or deferral?
~,-.
`
Mayor Suarez: Deferral, deferral. :rv
Mr. Hel~mans He's asking for continuance till your next zon... ~&z ~ueeting. '~'
'
~~
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Mr. Plummer: I so move.
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Mrs. Kennedy: Second. ~~`
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t~f. Rb~s~iRuei: t~isrch 23rd.
N~rwbsi Suaresti: Let the recbrd refieet -there's no one fibre rras~ othet~ t~sitt
tbunstelor, var here on PZ-7fi
Mr. Rodriguez: March 23rd.
Mayor Suarez: OK, let the record reflect no bstse sitepped forward.
Mr. Hellman: Thank you.
Mr. Plummer: March 3rd is our next stoning...
Mayor Suarez: Twenty...
Mr. Rbdriguezs March 23rd.
Mr. Olmedillo: Twenty-third.
Mayor Suarez: ... third.
Mr. Plummer: Excuse me, I lost something in the translation.
Mayor Suarez: March 23rd. OK. Call the roll on the motion to continue until
March 23rd, item PZ-7.
ON MOTION DULY MADE BY COMMISSIONER PLUMMSR AND SBCONDSD BY
COMMISSIONER KENNEDY. ITEM PZ-7 WAS CONTINUED TO THE MARCH 23,
1989 COMMISSION MEETING BY THE FOLLOWING VOTE:
Commissioner Miller Dawkins -
Vice Mayor Victor De Yurre ,_
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
~i
30. REVIEW OF ZONING BOARD'S APPROVAL OF SPECIAL EXCEPTION TO ALLOW PARKING `~
STRUCTURE FOR PRIVATE PASSENGER VEHICLES AT 11-15 S.W. 41ST AVE.s
Discussion and temporary deferral (See label 32). y
Mayor Suarez: PZ-8.
Mr. Guillermo Olmedillo: PZ-8 and PZ-9 are companion items.
Mayor Suarez: Trust Bank. `~~
Mr. Olmedillo: What you have on one is a special exception to build`s parking..
structure in the lots which are transitional lots in the rear and PZ-9 is a
variance to eliminate the seed of parking on site and having the parking on
the other lots in the residential lot. The Planning Department recommended:', ,,,„
denial as requested and we recommend that an approval for lot 13 and 14 minus.
24 feet of the lot 12 to be left as a buffer between the residential site-and' '
AYESs Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
the parking lot itself and the parking structure. ,: ~;~'F
~k'~l .
Mr. Plummer: Will that eliminate transltionalT ~" ~ -
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Hr. Olmedillo: No, this is a transitional use.
- ~ ~~.~~
Mr. Plummer: Oh. ~.
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Mr. Olmedilio: This will be a transitional use. Then what we axe trying to ~ ~`~~
create is a buffer batweesa the parking ;activity itself uad the sres.dexstl.~-~ ~,~'~.~~~ _
distsict Transitional will die 'at a 100 feet frcta the Comtae~~`ial ~"°~
propexty. k n ~y,r -
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You cannot take it begond a hundred feet for the parking. And then, the
variance, you know very well that theq have to roast the hardship question of
the variance and theq do not meet the hardship question and we recommended
denial of the variance. However, I'd like to point out that this is an appeal
by objectors to the decision of approving this bq the Planning $oard - bq the
Zoning Board, excuse me - end it is customary to hear from the appellant first
and then from the appellee.
Mayor Suarez: OK, let's hear from the appellant then.
Mr. Dawkins: Mr. Mayor, is this PZ-8?
Mayor Suarez: Yes, PZ-B. Do we have anyone here on behalf of the appellant?
You representing the liquidator of Trust Bank?
Al Cardenas, Esq.: Yes, Mr. Mayor, for the record, my name is Al Cardenas and
I'm here on behalf of the offices at 1221 Brickell Avenue. I'm here on behalf
of the appellees. I want the record to reflect that this application was
unanimously approved by the Zoning Board and it was subsequently appealed by
one neighbor, I believe and we stand - unless qou want to hear our
presentation - obviously the appellant is not here, the Zoning Board moved
favorably and without the appellant's rationale, I respectfully request that
the appeal be denied.
Mayor Suarez: Is there any indication as to why there would be no one
representing either the objector or anyone else in the neighborhood? How many
did you say were objecting? I always forget your color codes?
Mr. Olmedillo: The red is the people who are objecting by the mail notices
that are sent out. Now...
Mayor Suarez: And how about - give us the rest of the responses.
Mr. Olmedillo: The green is the ones that are supporting the application and
the...
Mayor Suarez: Are they all separate owners, typicallq?
Mr. Olmedillo:
Mayor Suarez:
Mr. Olmedillo:
Mayor Suarez:
Mr. Olmedillo:
Mayor Suarez:
Mr. Olmedillo:
The big patch of green is one owner.
The other ones are separate?
The other ones are separate owners.
And what's the blue again?
The blue is property...
They don't care?
No, the same owner.
Mr. Cardenas: Mr. Mayor, let me state that there was a full presentation made
at the Zoning Board and received unanimous approval and I could go into the
points of the presentation if you would like. To get into it, my point is
there was unanimous approval on the Zoning Board, appellants filed, they're
sot here and my suggestion is that the decision of the Zoning Board be upheld
accordingly.
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Mayor Suarez: OK, how about as is now before us?
Mr. Olmedillo: Well, the May it's before you is exactlq the t;atae May that it
was applied by the applicant.
Mr. Cardenas: Mr. Mayor, let me... ,
Mayor Suarez: OK, Mhy... Malt, wait a minute - why then, Mhy would that
you... -
Mr. Olmediilo: We Masted to pull the structure back from the residential site
so that Me create a buffer between the cars, the actual parking, and tha
residential district property.
Mr. Plummer: But hoM high is this parking structure to be?
Mr. Olmedillo: One level, Mhich is about 12 feet.
Mr. Plummer: So, it Mould be two levels of parking. One on top and one
underneath.
Mr. Olmedillo: That is correct. So...
Mr. Plummer: Did the Zoning Board pass it at the 24 foot setback or not?
Mr. Olmedillo: No. They did not put a 24 foot setback.
Ms. Hirai: We're on PZ-8.
Mayor Suarez: Why can't you put a 24 foot setback?
Mr. Cardenas: Well, you may recall that we've had two similar cases before
you and as a matter of fact, I represented the applicants on both. One was
the Trust Bank existing structure which is on Flagler and 40th Avenue. This
is the property immediately adjacent to that current structure and that,
likewise, received transitional permit for parking purposes. And then on the
blocks between, on Flagler, on the south side of Flagler, between 40th Avenues
and 39th Court, we likewise had a similar structure as the one presented filed
by that applicant and that, likewise, received the approval of the Zoniag
Board and this City Commission. The rationale for the presentation that's '
been made is that the site plan, as presented, provides a proper smoother flow
of traffic and we went into that argument - the applicant went into that
argument with the Zoning Board and they agreed with that rationale. If you'd
like for me to go into a full presentation, I'd be happy to do that. 4
Mayor Suarez: Commissioners, what's... Yes, Guillermo. ~
Mr. Olmedillo: Just one thing for the record and Gloria Fox .from the
admiaistration board's division is here, is that Me did not receive the
certified mail notice back from the appellant. -
;
Mayor Suarez: I was going to ask you about notice. What, if anything, we
knew about notice.
Mr. Olmedillo: Yes, the department sent the notice.
;~;
Ms. Gloria Fox: We send notice to all people within 375 feet when it goes :to
Zoning Board. When an item that's determined by the Zoning Board's appeal o
you, we do identical notice all over again. If the appellant is not the t~
original applicant, we also certify mail notice them at this point.-'because,. ,, ,
they've now become the appellant. We got back the slips from the origiaa~• ~'
applicant, Me did not get back the green slip froth the appellant. !a-„
Mr. Plummets Did he pay a fee?
~-
Ms. Fox: No, this is one of the items where the Commission has said that the.
appeal fee is to be paid up front by the original applicant. So that fae was
used to pay for this appeal. '.
1
Mr, .Dawkins: Yes but the
green card should have been taken off the ~ettet by s
the mail man. If you didn't get it back, you must have gotten the l¢tter ~ ~~~.
back. `°?
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Nr. be ~turre: Maybe it ass never delivered.
Ma. P`ox: We've received neither.
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Kr. Dawkins: It was never delivered, then, but... wait a minute nosy the t~~
~. postage, they either delivar it or brim it back to you.
Mr. Plummer: Or grind it.
Mr. Dawkins: Oh, no, not if you've paid, you know, the...
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,:
Mayor Suarez: Certified.
3
Mr. Dawkins: ... certified mail, J.L.
Mr. Plummer: They still grind them. Twenty-five cent postage...
Mr. Dawkins: No, and we did not get the letter back and you did not get the
green slip. Now, you know, this is ridiculous.
Mr. Plummer: How long ago did you mail it?
_,. r
Ms. Fox: About 14 days ago.
Mr. De Yurre: Do you have a phone number of the appellant?
Ms. Fox: No, all we've got is the mailing address of them. ~ '{,
Mr. De Yurre: dell, it doesn't make sense and somebody would appeal and. not
show up.
Mr. Cardenas: Well...
Mr. Dawkins: Not only that, it don't make sense that they don't have a green `
card, Mr. Commissioner.
Mr. Plummer: How much was the cost of the appeal? -
Ms. Fox: Yes, the special exception appeal v:ould be $400.
Mr. Cardenas: Which we paid for.
Mr. Olmedillo: Yes, the original.».
--
Mr. Cardenas: And let me, if I can, add the following statement. The
appellant was familiar with this. This is a matter which is in the midst of a
sales contract between FDIC and the purchaser. The contract terms have
expired and, of course, it was about to expire when we had the Zoning Board
hearing. The appellants were familiar with that and I don't want to go into
that story, but they filed the appeal. They had been negotiating the
acquisition of their property with my client. They decided to file an appeal..
At the hearing there were only those two individuals here in opposition to the
presentation that was made on behalf of the applicant. And they were the same
two individuals who filed an appeal. They're also the same two individuals
__ who had been undergoing a negotiation for the sale of their property by my
client and they were cognizant of the deadlines involved in the acquisition of _
the property between the FDIC and my client. My point to you is, not'onlq did
ve have to pay for the appeal, which is fine, the appeal fee, but pa're` now • `~
faced with a situation where a forfeitable deposit was presented on the
'
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contract with the FDIC and there's a deadline for a closing sad the only, qou ~
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know, I think the onlq entity that would suffer would be the, you know, my uj
client who's got monies up on a deposit on a purchase contract.
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Mr. Plummer: What is the name of the appellant?~~
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Mr. Cardenas: Excuse me? The name is Robert Placenta. ~~
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Mr. Plummer: No, no, of the objector. ;,n~
Mayor Suarez: No, khe appellant is Jorge-and Deborah Garcia.. ~ ~,,,
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Nr. Cirdsaaa: Oh, oh. Right:
Mr. Rodriguez: Right.
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Mr. Plummer: Nho?
Mayor Suarez: Jorge and Deborah Garcia, 105 S.W. ...
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Mr. Plummer: Oh, oh, oh, OK.
Ma. Fox: They're the immediate abutting property.
Mr. Cardenas: Right.
Mr. Dawkins: I hear you, Mr. Cardenas. But I still cannot accept the
explanation from staff that they sent a certified letter and the certified
letter in 14 days we received no nothing and nobody has made any efforts to
•ee if it's back in the dead letter file, to see if it was delivered or see
what. Now, we paid for the service of having certified letter delivered and I
just cannot see how it was not delivered or returned or that the card is
somewhere. I just - I don't understand it.
Mr. Cardenas: Let me put it this waq.
Mr. Dawkins: No, no, no. No, you don't cork for me, I work for the... you
see, no them, no, no, no, you don't need to explain what they did wrong or
what they did right, see. That's with them over there, Mr. Cardenas. You
paid your money, that's all you had to do, sir. It's up to them to have found _
out what happened.
Mr. De Yurre: Gloria.
Mrs. Kennedy: Mr. Mayor, I just want to ask, are there any opponents here?
OK.
Mayor Suarez: Let the record reflect no one stepped forward. Mr. Vice: Mayor-.
Mr. De Yurre: Yes, the procedure. If we were to defer this and I'm inclined
to defer it right now, let's say that because of the time situation that they
have to deal with, if we were to put it off till next Friday's meeting, within
the time constraints, is that possible?
Ms. Fox: If you continue the item, yes and I can promise you tomorrow I' 11 't
send certified mail out, notice to myself, and I'll try to call them myself to
notify them. My...
Mr. De Yurre: ~+lell, or get somebody from the department to stop by the house
and deliver something.
Ms. Fox: I'll be happy to.
Mr. De Yurre: You know, as many avenues as we can cover, let's make sure that
we get -let them be aware of what's happening.
Mayor Suarez: It's one appellant, one person.
Mr. De Yurre: No, but he happens to be the next door neighbor. You know, if
it were
, you
know, guy down three or
four
blocks maybe you don't... OK, '~
so
;
what's the proper then to defer, move to defer it, can we do that, or, '
to ~ Y
- continue? ~~~
Mr. Olmedillo: Continue. ~~
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Ms. Rodri uez:
g There's no
problem as
far a '
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March the 3rd. ~=
Mr. Plummer: That's eight and sine?
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Mr. Olmedillo: right and nine both.. :~'~;
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fight •ad mine. ::_
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Mr. De Yurres OK, so i move to continue then item number eight til March 3rd.
Mr. Plummer: I don't sea any alternative, I'll second.
Mayor Suarer~: So moved and seconded. I don't know of anq other ray to
protect the rights of the appellant.
Mr. Plummer: Let me state for the record if for whatever reason the objector
does not shop up at the next meeting, I'm going to vote on it. One Nay or the
other.
Mr. Dawkins: I agree, J.L., but there, again, I have to, me personally, I
have to fault the administration for not having the letter back, not having
the green card or not having done as Commissioner De Yurre suggested, go check
the house and find out if the people moved, dead, or what.
Mr. Rodriguez: If I may answer that, maybe Miss Fox can answer it. I
understand that they have up to 21 days to pick up that green card and if they
choose not to pick it up, they can do so.
Mr. Plummer: But you only sent it out 14 days in advance.
Mr. Rodriguez: Well, that's what I'm saying.
Ms. Fox: Because the City Code requires ten day notice and send it out about
14 prior to. Usually we do...
Mr. Dawkins: Does the City Code say a maximum of 10 days or, I mean, a
maximum of 10 days?
Ms. Fox: It says at least ten days prior to the hearing.
Mr. Dawkins: At least, that mean a minimum, that doesn't say that you could
not have sent it three weeks ahead.
Mr. Rodriguez: Well, in this... I don't think you have many cases like this
before you that in which people don't claim the green cards.
Mr. Cardenas: Well, let me ask you this question...
Mr. Plummer: Twenty-two minutes of public flogging for the administration.
Mr. Rodriguez: We'll start right now.
Mr. Plummer: Don't do it again.
Mr. Cardenas: Isn't there any waq that if we leave this item and go on to the
next one, you could, perhaps, f ind out if there's any record in the postal
office regarding this because, you know...
Mrs. Kennedy: It's 5:30.
Mr. Cardenas: ... you know, I understand your predicament, you know, I'm not
going to be here...
Mr. Plummer: Why don't you call this guy instead of calling the post office
and say, "Why the hell aren't you here?"
Mr. Cardenas: I mean, basically, what I'd like to do is see if...
- Mayor Suarez: Let's table for a half hour and see if they can .track- :down
- somebody.
Mr. Cardenass Yes.
Mr. Plummer: Maybe he's forgot about the .item.
Mayor Suarez: Yes, and maybe he's given up the appea l. Maybe he'd 1R81Se tom!!
kind of a statement to that effect.
Mr. Plummer: Will someone from the administration endadvor to ~a~l tl1~~ -
individual7 .
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Mr. ~tadriguea: Miss Fox will do that now.
Mr. Plummer: You need a quarter? -
Mayor Suarez: Maybe even go out there, it's about a 15 lnittute drive.
Mr. Plummer: You need a quarter?
Mayor Suarez: Maybe leas than that.
Mr. Plummer: Or are you going to call him collect?
31. SECOND READING ORDINANCE: Amend zoning atlas at 2900 Bridgeport Ave.
from RO-2.1/4 to CR-2/7 (Applicant: Tropical Federal Savings ~ Loan
Association).
Mr. Plummer: So we're on ten.
Mayor Suarez: PZ-10, Tropical Federal Savings & Loan.
Mr. Guillermo Olmedillo: PZ-10 is for property located on Bridgeport and
Dixie Highway. You may remember, this is the second reading of the zoning
atlas change and the original application was to change it to CR-2/7. The
Zoning Board recommended to you to change it to RO-2.1/5. There was a
variance issued in connection with the same property that you did grant, the
Zoning Board granted, and you confirmed that and the Planning Department
recommended denial of the original application. However, when we went through
the exercise of the comprehensive plan, you may remember that this particular
area of the City was amended to have the office use attached to it. As I
said, the Zoning Board recommended denial of the CR-2/7 which is a commercial
district and an approval of a change to RO-2.1/5 which is an office district
basically and this is a second reading to the zoning atlas.
Mrs. Kennedy: Guillermo, this is not changing the height of the building,
Just enclosing the balconies, right?
Mr. Olmedillo: Well, it is an existing building...
Mrs. Kennedy: Right.
Mr. Olmedillo: ... so what this does provides for the applicant to enclose
the existing building. However, in the future, they may demolish that and the
zoning is there and there's no height limitation under sector five. But in
this particular case...
Mayor Suarez: Ie there anyone here that wishes to be heard on this item?
There's Jim. OK, did you want to contradict something in the - what he Just
said, clarify?
Al Cardenas, Esq.: Yes, for the record, my name is Al Cardenas. We're here
representing the applicant, offices at 1221 Brickell Avenue. As you may
recall, we had received the appropriate approvals at the Zoning Board and a
vote of four to one at the City Commission on the first reading. This is a
second reading. Part of our application process included a declaration to be
voluntarily proffered and those voluntary profferings included the fact that
(A) there will be a building height limitation so that in the event, you: know,
the unlikely occurred and you may recall that this is a brand sew building
that's never been occupied, that the structure presently located ia' the .,v
- subject property shall not increase in height. We had a limitation as _to~
- floor area, we had a contribution of $5,000 to the City's park budget and ~-e -
had agreed that on the declaration of restrictive covenants to all~o~.`thoae;
items. You sill also remember that we're not rezoning thee'Prppertp` '
commercial. In other words, the original application was for"CR-2/7 and
ahat ~~~~
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we have before you is not that. What we have for you is a change in the -
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zoning classification of subject property from RO-2.14- to RO-2.15 ao ghat vr,~ f
actually have before you is a Louis Sector change from a four to a five`~hich x~=~`,
is also includin the restrictions that v~ere y p
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as you may recall, has always related to the existing structure and all that
Me have stated Mea that - and all of this is being done in order to permit the
existing fourth story for going from residential to the office use that was
originally, that is contemplated. Any modifications or changes also to
complement what I said, any modifications or changes including the enclosure
of the remainder of the fourth floor or anything else Mould, of course,
encompass a variance hearing on a parking request and that Mould be a full
hearing that Mould have to go through a public hearing process. That is not
contemplated at this time.
Mr. Olmedillo: Just one thing. If you deem the change to be appropriate,
have the proviso that March 27th will be the effective date.
Mayor Suarez: Jim.
Mr. Jim McMaster: Jim McMaster, 2940 S. W. 30th Court, Coconut Grove. If I
may, I'd like to have Mr. Cardenas explain Mhy he's seeking the rezoning.
He's explained that he wants to fill the balconies, but he hasn't explained
Mhy he qualifies, legally, for rezoning.
Mayor Suarez: Do you - I don't know if it's pertinent but I can't imagine
that he would not explain why he wants the rezoning.
Mr. Cardenas: Well, if we're going to go on the record, let me say that...
Mr. De Yurre: Let me first say one thing. I don't want to be repetitive,
this is second reading, if there's anything that wasn't covered the first
time, I don't want to go through the whole spill again of the whole
presentation.
Mr. McMaster: Well, I'd like him to give it because if it's my understanding,
they got the variance for the parking which allows them to turn the existing
fourth floor into offices instead of residential. Now, they are seeking a
zoning change to allow them to fill the balconies in. That zoning change also
requires less parking in the building so they will not need extra parking for
the balconies. All this is based on the fact that they need to sell this
building to a computer manufacturer. Mr. Lang was not here at the variance
request and I asked Mr. Cardenas why he wasn't here and he said, well, we
didn't have to be and he does not appear to be here again today so. .. Why
does he need this... I understand why he needed the top floor for office as it
is. The entire building is now office. Why does he need to expand it?
Mr. De Yurre: OK, before we go any further, do we need to swear that
everybody here in, Mr. MayorT
Mayor Suarez: Yes, I'm glad you reminded me. Please, as each item comes up,
Madam City Clerk, that's the only way I can think of doing it other than
swearing the entire chambers and still we wouldn't know for sure if everybody
was sworn in. Would you swear the two that have been testifying or arguing.
I mean in the legal sense, not in the other sense.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE 10511
TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mr. Plummer: Thank you
Mr. Cardenas: If you want me to refresh your recollections, we've been
through a number of applications and a number of hearings before this Zoning
Board and now you, this is second reading, there's nothing new that has been
brought heretofore. Basically what you had was in order to change the Louis
Sector and to permit the upstairs, the fourth story existing space to be
changed from residential to commercial, there were some variances involved
which had been granted. Now that we have the Louis Sector being approved
contingent on the master plan being approved in March, that will then permit
- the existing residential apace to be used for commercial purposes. If we want
- to enclose the fourth story beyond the existing structure, then we would have
= to petition for additional variances for parking spaces which I do not know if
it would be appropriate or not for you to grant it. That is not why we're
here. We went through all that argument before. We've gone through a full.
presentation twice before and I didn't find it necessary on second reading to
bring the appraisal, the neighbors, the clients and so forth if, you know, if
you deemed it necessary, I would do so but I stand on the record and the
presentation that was made on first reading.
,,
99 Febru,arq ~3, .~9~~i
_~
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Mr. McMaster: The reason I'm bringing this up is the whole rezoning is based
on the fact that Mr. Lang of a computer company which did not require much
parking, but did require large areas for computers was going to buy this
building. I found out that Mr. Lang dropped his option back in December
before the parking variance. I have a letter here dated January 4th to Tucker
Gibbs, president of the Cfvic Club, which says, "Our bid for the purchase of
the building at 2900 Bridgeport Avenue, Coconut Grove, has been terminated.
Carl C. Lang, president, Systems Products, International." So, I'm just
wondering why they need the rezoning now when they have no one buying this
building.
Mr. Cardenas: Let me gnawer that. Mr. Lang was a prospective purchaser. It
is true that the acquisition negotiations have been discontinued but that
becomes...
Mayor Suarez: Was he the applicant as prospective purchaser?
Mr. Cardenas: No, no, he wasn't but... he was not the applicant, that was not
the grounds, either in the application or my application for that which was
being requested. But, in addition to that, Mr. Plummer made a motion that was
contingent on a number of factors. Some of those factors involved a
limitation in number of employees and so forth if you will recall. So, it's
really immaterial whether it's Mr. Lang or not because those restrictions
apply to whomever the owner is and that's what this Commission is interested
in. You will recall that, Mr. Pluttuner, the...
Mr. Plummer: I recall it very well because of the parking situation.
Mr. Cardenas: Right. So, in reality it's irrelevant whether it's Mr. Lang or
someone else. Those restrictions that you imposed in your motion, Mr.
Plummer, carry through to anyone and that's what the City's interested in.
It's not interested in who the owner or the tenant is.
Mayor Suarez: You've tendered a letter from Jane Hendricks to the Citq
Commission which will be in the record, ordered into the record. Do you want
to say anything about itT
Mr. McMaster: Oh, hi, and here's Jane.
Ms. Jane Hendricks: I'm Jane Hendricks.
Mayor Suarez: It's dated February 22nd, 1989.
Ms. Hendricks: That's correct. I wasn't sure I could be here...
Mr. Fernandez: Excuse me, Mr. Mayor, must be sworn in.
Ms. Hendricks: Do I need to be sworn?
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE 10511
TO MS. JANE HENDRICKS, GIVING TESTIMONY ON THIS ISSUE.
Ms. Hendricks: I drafted this letter because I wasn't sure I could be here in
a timely fashion. I've since been able to juggle my schedule and I am here to
voice my complaints in person. I live within 300 feet of the building in
question. I'm a home owner at 295 Bridgeport. I represent my neighbors
whose opinions are the same as mine with regard to our feelings that the
residential flavor of the neighborhood will not be pzeserved. There'll be
more traffic, more noise and our property values will, in fact, be decreased
by the commercial activity that's being contemplated at 2900 Bridgeport.
Mr. Cardenas: In reply to that, let me say that this is an existing building,
number one. Number two, it's not going to increase in height.
Mayor Suarez: What guarantee do we have that ,it won't increase in height?
Mr. Cardenas: There's a restriction that has a covenant that has bees
presented.
Mayor Suarez: That is already...
100 February 23, 14&9
_ _ ~ ;:
!!r. Catdefias: Yes, sir, and...
Mayor Suarez: ... running with the land.
Mr. Cardenas: ... Mr. Piufnmer'a motion had a number o£ additioh~ri
restrictions when he made it on first reading. Number tao, +se'rs nb longer
seeking commercial zoning, we're only seeking RO-2.5. We're seeking a Louie
Sector change from four to five and that has been reflected on the master plan
which you have approved. So, you know...
Mr. Fernandez: All of those covenants and records should reflect Mere
voluntarily given, they Mere not required.
Ns. Hendricks: Running with the land?
Mr. Cardenas: Yes, ma'am.
Mr. Fernandez: Yes.
Mr. Cardenas: Now, you knoll, she has some other...
Ma. Hendricks: Can you produce them? Can you produce the covenants for us
all to take a look at?
Mr. Cardenas: Ma'am, they have it, I'm sure. -
Mr. Plummer: City Attorney has them.
Mr. Cardenas: Let me say, Miss Hendricks, your request here that no building
height increases in any way, shape or form, that has been agreed to already
and proffered voluntarily. The only enclosed balconies on the top floor, not
on any other floors, I don't know what you mean by that. I think there's only
a balcony on the fourth floor so... The no heightening of parapets or railing {
and no decking on the roof or parapets, that's perfectly acceptable. So, you
then request no additional variances or rezoning for the next five years, I
can't... I mean, I...
~-
Mrs. Kennedy: So then you both agree.
Mr. Plummer: Well, I think that can be detrimental.
Mr. Cardenas: Yes.
Mr. Plummer: I think that could be detrimental to you because conversation at -
the other hearing was the potential of additional-parking which would be a
plus item in my estimation for the lot 3ust to what I would call the south and
I can't believe you would be opposed to additional off-street parking.
Mr. McMaster: Could I ask the City Attorney, is a transition use parking lot
a variance or is it a special exception? We chose the word variance because
it would not, the parking would not deal with the building, it would deal with
another piece of property.
Mr. Plu:mners As I recall, it was lot 23 for the purpose of possible
additional parking. Parking, to me, is like motherhood, the more you get of
it, the better we like it. `~
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Mr. McMaster: That's what we did want.
Mr. Plummer: And I don't think you would want to oppose that. Now, I could `_
be wrong but...
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Ms. Hendricks: I would be opposed to on street parking.
~~,
- Mr. Plummer: No off street
parking, lot 23. And if ~`
you're limiting:np .°=
variances on this particular site, there's no problem bec ause thatis not in
this site as presented before us. -~
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Mr. McMaster: Right, we'll reword it too then. ~'
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Ma. Hsnds"icks: I was talking about the property' at ~9Q9, " Aot the ~4dditi`on~l
- lot, .the next door lpt. -
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1Q1 '. February' 2~,• 104 '~_~;, _
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Mr. Plummer: OK.
Mr. McMaster: I ~rould just like to interject, I've been going down to the
Hearings Board Office and checking to sae if the covenant was placed in the
fiie back in September at the Zoning Board meeting. Ms. bougherty brought up
that it would be proffered. I've checked your packets, it was never in your
packets. Y don't know, I just spoke to Mr. Cardenas as the meeting started at
5:00 o'clock. He said that he had just received the copy from his office even
though it's dated August of 1988.
Mr. Cardenas: i said I just received the file from my office.
Mr. McMaster: Received the file. Have any of the Commissioners actually read
this covenant and has the City Attorney read the covenant? Because I was
looking at it and if Mr. Cardenas can read section "G," the last two
sentences, if someone in this building does something against the code or
whatever and...
Mayor Suarez: We left a rhetorical question.
Mr. McMaster: Yea, and the City takes him to court...
Mayor Suarez: And I don't know about the Commissioners because, you know,
there's so much we can read, but the City Attorney certainly has to have read
a covenant and be familiar with it before we accept it as part of the
record...
Mr. McMaster: I'd just like to say...
Mayor Suarez: ... and Mr. City Attorney, I don't know if you're checking
that, but someone must have read it but go ahead. I just don't want to leave
that rhetorical question unanswered.
Mr. McMaster: Could Mr. Cardenas read the last two sentences in section "G"
which makes the City liable if the City loses a lawsuit against this building
for any reason? And while he's looking for the covenant, I would...
Mayor Suarez: Why would there be any kind of a hold harmless on the part from
the City going to your client. That's what it sounds like, right?
Ms. McMaster: At section "G," last two sentences.
Mr. Cardenas: It says, "The prevailing party in the action or suit shall be
entitled to recover costs and reasonable attorneys' fees."
Mayor Suarez: In what kind of a suit?
Mr. Cardenas: An enforcement action may be brought by the City and shall be
by action a lower in equity against any party or person violating or
attempting to violate any covenant.
Mayor Suarez: That's probably something we want in there to make sure we can
collect attorneys fees if we have to enforce the covenant.
Mr. Cardenas: That's correct. Plus, let me put it this way, it's irrelevant
s
what it's...
- ;,~'';
Mayor Suarez: We don't necessarily have to make it reciprocal for them but... -
Ms. Hendricks: So there's no private cause of action to enforce the. covenant;
the City... `~'
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Mr. Cardenas: It's reciprocal by operation. <"
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Mayor Suarez: I don't know that, that's an interesting question. ~I~pxesua-e
so, I presume so. '
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Mr. Cardenas: Mayor, it's recipro... - ~ ~>
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Mayor Suarez: Is there a private cause of action to enforce the... you don''k ,'
need, by the way, at least not with this Cotmaission because all you have to da ~'~
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102 Fabsui~~cy ZS; X489 ~ ~
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is tall us that somebody's breaching a covenant and we'll taka away the koaing
change which...
Ms. Hendricks: I appreciate that.
Mayor Suarez: But, is there a private cause of action, I don't know?
Mr. McMaster: It talks about review in there. If there's a problem - if they
want to change the covenant, could you stipulate if you approve this rezoning
that the review be publicly noticed? The way it's written now, they could
just appeal to the City - apply to the City for a change in the covenant and
it would not necessarily be publicly noticed.
Mr. Cardenas: Mayor...
Mayor Suarez: I would think that any review of any covenant running with the
land that was voluntarily tendered as part of a zoning application should be
notified to the same people that would have objected to and that our law
prescribes that we notify on any zoning.
Me. Hendricks: So you're saying there would be a public notice?
Mayor Suarez: Yes, we can build that in.
Mr. Fernandez: Right now, we don't.
Mayor Suarez: Can we build that into this one? -assuming that it passes, I...
Ms. Hendricks: I'll just mark....
Mayor Suarez: In other words, the whole thing, in the minds of at least
Commissioner Plummer as premised on a covenant running with the land and
they're saying that there's provisions for modification and what if people are
not notified of the modification? Only one is a notice requirement, that's
all. for modifying a covenant running with the land. That makes sense.
Mr. Plummer: I thought the modification - any changing of a covenant running
with the land had to be approved by this Commission. That's automatic. It's
just like the case we had on 22nd Avenue and 16th Street...
Mayor Suarez: Well, they need the same kind of notice that would be required
of a zoning...
Mr. Plummer: ... they asked this Commission to modify the thing and that
prompted a public hearing.
Mayor Suarez: They just wanted a notice requirement to the adjoining
neighbors like...
Mr. McMaster: I think the City Attorney was saying it did not necessarily
trigger...
Mr. Plummer: Does it not have to go through the same procedure?
Mr. Cardenas: Mr. Mayor, I'd like to bring...
Mr. Fernandez: Voluntarily offered covenants are given at the time that the
hearing for the zoning change or...
Mr. Plummer: Correct and if we accept them at a later subsequent date,
somebody wants to modify it, it has to come back before this Commission as a
regular agenda item.
Mr. Fernandez: That's correct.
Mr. Plummer: Now, I guess the question is, do you notify everybody for a
modification as you do for a change or agenda item?
Ms. Fox: In the past few months, we've had twos one 1600 S.W. 22nd Avenue...
- Ms. Plummer: ...second Avenue.
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!!s+ -Fox: The other Mas halby. In both those cases, Ma accepted the
application. It doesn't go through the same process in that it doesn't go t6
the lower board, it comes directly to you, but...
Mr. Plummer: Do you notify the 375 feet?
Mr. Foxs Yes, we do. We have a new mailing list prepared and given to us by
the applicant. We do that and we also do have the signs posted of your
hearing.
Mr. Plummer: But keeping in the back of your mind, it is not a legal
requirement, it is a courtesy notice. Correct?
Mr. Fernandez: It is courtesy. It is not required.
Mr. Plummer: That's correct. So the answer is yes and no, a typical
political answer.
Ms. Hendricks: So there's no requirement, you do it as a courtesy.
Mr. Plummer: Bven in the f irst instance, there's no requirement, it is a
courtesy notice.
Mr. Fernandez: Of course, this Commission is in a position to make courtesy
notice mandatory.
Mr. Plummer: We also have the right to get a new City Attorney that don't
give us advice like that.
Mr. McMaster: It's hard for me to atop, but I'm going to try to. I could
just like to ask Mr. Cardenas to - yes, if he has no objections, to put in
- Miss Hendricks wording about no increase in height of the parapets, no... we
do not want to see six months from now, suddenly things growing on the roof of
this building which has happened in the past when you have these vague
covenants stating no increase in height and then we get back to what is
increase in height. So, if we specifically nail it down to no heightening of
existing parapets and no railings put on the roof of this building, I think it
will nail it down.
Mr. Cardenas: Let me make...
Mayor Suarez: Does that mean that I vote for then at that point even though I
voted against on first reading because I didn't see the need for - anyhow... -
-= Mr. McMaster: Yes, well I think what...
Mayor Suarez: ... you may be taking it a bit far but if you... `~
- Mr. McMaster: You know, I think we understand the direction the Commission's
going in, but if we're going to lose, we'd like to nail it down.
Mayor Suarez: Proffer that agreement too.
Mr. Cardenas: Yes, let me make this statement for the record because I
presume this may not be the last time that Mr. McMasters and I are going to be
~ before the City Commission on matters. I think her request is perfectly
reasonable. I will tell you that I'm not objecting to the substance but .to
i the form. I mean, had we had a courtesy phone call from either he or Miss
- Hendricks before this public hearing, we would have more than easily agreed to
prepare a new declaration, brought it to the City Attorney and we wouldn't be -
- having to take up your .time on the matter here. I mean, these are things that
can easily be dealt with between the applicant and the objectors and I .just
hope, in the future, we can have that phone call and that. kind of "'
communication because none of this really was necessary.. Those Fequesta are ~r-.`-
reasonable, Miss Hendricks, I'll be happy to comply with it but I think it!~i-
unneceseary to create this ballyhoo here, it's very easy. ~:
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Ms. .Hendricks; I agree, but time was of the essence. I wasn't sure I could ~'.~,
be here. My schedule dfd not allow me to make a phone call.
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Mr. Cardenas: But this has been going on four months, for Pour month. a
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Ma. Hendricks: My schedule did not a11oM me to make a phone call. Shia i~
why i chose the mechanism by which i presented this. In the future, i Midi
Mork with you.
Mayor Suarez: And, you knoll the argument doesn't quite make it because
there's always a right to object to angthing like this...
Mr. Cardenas: Sure.
Mayor Suarez: ... that's being sought and including last minute requirements
not to object as strenuously or to even agree which is what you're almost
doing.
Mr. McMaster: And I Mould like to say, I've been bugging Gloria Fox's
employees now for the last two weeks virtually daily, has the covenant come in
and it Mae never introduced into the file or into the Commissioner's packets.
Mr. Cardenas: OK. Well, no offense taken. No offense taken, just a friendly -
suggsstion.
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: He Mants to take you out to lunch, Jim.
Ms. Hendricks: Just so the record is clear, our position is that Me don't
Mant the variance to be approved...
Mr. McMaster: Rezoning...
Ms. Hendricks: ... but, rezoning to be approved, but if you're tending to do
that, Me'd like you to work with us, the home owners and try to come to some
compromise here.
Mr. Plummer: Build in some protection.
Mr. De Yurres Mr. Mayor, subject to the changes that have been proffered here
by Mr. Cardenas, I move this item. -
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded.
Mr. Fernandez: Are those changes clearly established in the record?
Mr. De Yurre: Why don't you restate them, A1. -
Mr. Cardenas: Yes, the changes are those changes set up in items one...
=_ Mrs. Kennedy: You do agree to only enclose the balconies on the fourth floor,
correct?
~_
Mr. Dawkins: All of these? A1, all of these?
Mr. Cardenas: Not item number four. Well, I think that's the only balcony.
I mean, we'll agree to only enclose a balcony on the fourth floor. I think
that's the only... OK, looking for...
_ Mr. Fernandez: So, Mr. Cardenas, you're saying that the covenant will be
amended to reflect these additional issues. Correct?
Mr. Cardenas: Let me read them so that the record is clear. In item number ~~:
one is, "...no building height increases in any way, shape or form." That's• ~~'
dine. Item number two, I object as to the form because tbe, you know the ,~~
only - it says not any other floors. We're. not going ,to increase :the
intensity in say other floor. The balconies on the fourth floor and we intAad "_,
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- to enclose them. ~~
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Mt. Cardenas: Might. Item number three, "... no heightening of pa~rapate or
railings is acceptable." So items number one through three of the l~abrusrf
x~na, 1999 letter of Mias Nendricka are incorporated and will be incn~poratnd
and voluntarily proffered by us.
Mr. be Yurre: OK.
Ma. Hendricks: One through three.
Mr. Cardenas: Right.
Mr. Fernandez: You said one and three or one to...
Mr. Cardenas: One, two and three.
Mrs. Kennedy: No, one, two and three.
Mr. Fernandez: Thank you. So the covenant we already have from you Mill be
amended to include one, two and three. Thank you, Mr. Cardenas.
Ms. Hendricks: What about number four?
Mr. Cardenas: No.
Mayor Suarez: You know, I voted against the item and I'll probably vote
against it again but if you have a height restriction and you're trying to
impose now last minute restrictions on what kinds of things can be built
there, I guarantee you that if they do the wrong kinds of things up there, i
mean, a parapet wall and trying to define that and how high and how thick and
ail of that, it may be a bit too much for us at this stage. Had you begun
with that, maybe we could have obtained that for you. I'm not sure that
there's anuch you can do to change the structure of a roof or the railings
really matter all that much, I... The reason I voted against it, I just
didn't see the need for the rezoning, to tell you the truth. Anything
further? We have a motion and a second. Read the ordinance, please.
Mr. Rodriguez: Effective March 27.
Mayor Suarez: Yes. The ordinance to be effective March 27th.
Mr. Fernandez: Hold on one second, Mr. Mayor, please.
Mr. McMaster: I'd like to thank the Commissioners for their patience and
time.
i
`
Ms. Hendricks: Thank you. t>
Mayor Suarez:
You will take him up on his lunch invitation, right? ~s.
-' Mr. Plummer:
-, He's cheap.
Mayor Suarez: Over at Brickell Club, they have a special room over there for.
Greenberg Traurig et al...
~.
~ Mr. Plummer:
Well, you've been invited and we haven't.
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, Mayor Suarez:
~ You know, that's pretty good,
Greenberg Traurig
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Mr. Cardenas: Makes sense to me. ,~~~,
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Mr. Plummer: Et tu, Srutus. ~
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Mayor Suarez: We ready, Mr. City... et tu, Brutus.: ;ys~' _
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contains all of the` provisions that have been considered in the-.record ~ ,
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_ Mayor Suarez: Can't we vote on this with - subject to your,... ~~`~ =_
Mr. Rodriguez: If we have a copy of Mr. Cardenas' copy right hero right now, ''~'
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~la~br gur~rea: Piaaae, ybu kr-oM, 'cu got a lot of other items to get to.
Mr. Oimedillo: Just for the record, the original covtnant aas to include the
cumber of employees. What has happened with this file is that remember that
the file of the variance which contained all kinds of conditions is one and
this is the file for the...
Mayor Suarez: We don't care about the files, can we solve the problem of
being sure what's in the records Do you want to do it subject to what's
understood
Mr. Rodriguez: Subject to what is understood have been worked out with the
Law Department.
Mayor Suarez: If there's any problems, you know, counsel will understand that
we'll have to go back and reconsider.
Mr. Rodriguez: Bring it back for consideration.
Mayor Suarez: Call the roll.
Mr. Fernandez: First it has to be read, Mr. Mayor, for the second time.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THS .PUBLIC
RECORD BY TITLE ONLY.
Mayor Suarez: Please give us a... Call the roll.
Mr. Cardenas:
seven, but I...
Yes, for the record, I think counselor meant RO-2.5. I'll take
Mayor Suarez: RO-2.5 is all you get.
Ms. Hirai: Yes.
Mr. Cardenas: All right.
Mayor Suarez: Records corrected.
Mr. Olmedillo: Excuse me, RO-2.1/5.
Mayor Suarez: Two point one, slash five, thank you.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2900 BRIDGEPORT AVENUE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RO-2.1/4 TO
-
_
-_ RO-2.1/5; BY MAKING FINDINGS; AND BY MAKING ALL THE
-_ NECESSARY CHANGES ON PAGE N0. 42 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE N0. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 30, THEREOF;
~
_
=_ CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
-
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- Passed on its first reading by title at the meeting of January. 26,.]989, ,~
was taken up for its second and final reading by title and adoption. On
_
motion of Commissioner De Yurre, seconded by Commissioner Plummer, the a ~~:
- Ordinance was thereupon given its second and final reading by title and passed f~'
and adopted by the following vote: -
AYES: Commissioner J. L. Plummer, Jr. ~ ~~~~°
~
Commissioner Rosario Kennedy .
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Commissioner Miller Dawkins r••
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Vice Mayor Victor De Yurre , •~' ^'
NOES; Mayor Xavier L. Suarez
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THH ORDINANCE WAS DESIGNATED ORDINANCE N0. 10554.
The City Attorney read the ordinance into the public record and
announced that copies Pere available to the members of the City Corrmisaion atld
to the public.
COMtlENTS MADE DURING ROLL CALL:
Mra. Kennedy: My vote urea going to be to deny but now that they have met your
conditions. I vote yea.
Mr. Dawkins: I'm voting yea and I want counsel to understand that for the
next four years any variances or rezoning from this applicant has a negative
vote from me.
32. (Continued discussion) UPHOLD ZONING BOARD'S APPROVAL OF SPECIAL
EXCEPTION TO ALLOW PARKING STRUCTURE FOR PRIVATE PASSENGER VEHICLES AT
11-15 S.W. 41ST AVE. (Owner: The Trust Bank; Applicant: Robert
Piacenti) (See label 30).
Mr. Sergio Rodriguez: The applicant from eight and nine, Commissioner Dawkins
pas inquiring about, is here.
Mayor Suarez: The applicant on item eight.
Mr. Rodriguez: The appellant.
Mayor Suarez: The appellant, the objector, is here.
Mr. Rodriguez: Mr. Garcia...
Mr. Olmedillo: Jorge and Debora Garcia.
Mayor Suarez: Mr. Garcia, Mrs. Garcia. Any Garcia.
Mrs. Kennedy: Going once.
Mr. Dawkins: Where is he? Where is he?
Ms. Gloria Fox: I spoke with him. He has a dark blue sweater on and he was
in the foyer. Mr. Garcia.
Mr. Plummer: He lost his green card.
Mayor Suarez: OK...
Ms. Fox: Here he is, he's just trying to get through the crowd.
Mr. Dawkins: Oh, yes, I remember...
Mayor Suarez: So, we were trying to decide before and that's why we called
you. If there pas any particular reason you had not come to today's hearing
on your own appeal.
- Mra. Debora Garcia: We thought it was going to be at 5:30. Five thirty, wa
thought it was going to be 5:30.
Mayor Suarez: OK.
Ms. Garcia: OK, my name is Debby Garcia, my husband George Garcia and we...
Mr. Plummer: Madam Clerk, would you swear them in?
Mayor Suarez: Thank you.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANQE 1Q5~,1 ~ r
= TO MRS. GEORGE GARCIA, GIVING TESTIMONY ON THIS ISSUE. `~
-. 108 Febru~tpy ;2~, ;1989 =t
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Mr. i~lut~ser: The gentletoan, for the recozd, cannot testify.
Ma. Garcia: ~xcuae sne9
Mr. Plummer: The gentlea-an cannot taatify. He vas not l1llorii.
Mr. ba~rkins: No.... she'll do it...
Mayor Suarez: Is he going to or...
Mr. Dawkins: No.
Ms. Garcia: Can you do it again. Yes, he's going to, he's my husband.
Mayor Suarez: Please sMaar in Mr. Garcia.
Mr. George Garcia: My name is George Garcia, my address 105 S.W. 41st Avs.
Mayor Suarez: Swear him in, Madam City Clerk.
AT THIS POINT THB CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE 10511
TO MR. GEORGE GARCIA GIVING TESTIMONY ON THIS ISSUE.
Mr. Plummer: Thank you.
Mayor Suarez: OK. The basis of your objection if you e~ant to state it +~t
this point.
Ms. Garcia: Yes...
Mayor Suarez: And get a little closer to the mike.
'. s
Ms. Garcia:. We're located next to the lot where they would like to build a
parking structure for the building located at 4050 W. Flagler. We're adjacent
to the lot. Our lot is 20... 12 feet north, south of lot 12 north. OK, we're
half of the lot where they're going to be building. We're opposing it. - We
have many reasons and I would like my husband to talk about that. Can you use -
a translator or he can just speak up or...
- Mayor Suarez: Mr. Planning Department Director is a very good translator.
= Mr. Rodriguez: Try.
~?
Mr. Garcia (translated by Mr. Rodriguez): The reason why my wife and I oppose
the construction of the parking structure, first because it's not a straight
structure, flat.
~s
Mayor Suarez: Flat structure.
Mr. Garcia (translated by Mr. Rodriguez): It's going to be a structure of two
=_ levels as it is proposed by them. And because we think it's our only
property, is the future, even if we live in a commercial zone, it will not be
able to be sold with a value that will be to the level that we would expect. _ "
In any way, this will be the same if we have as a neighbor a house as
s compared, a residential property or house as compared to having this proposal..
I understand perfectly well and I don't win anything by opposing the plans of ~~
their proposal, but I would like you to understand also my point. ~a
?42
7!~
Mr. Plummer: Aak him if they previously had entered into negotiations with %~`
- this applicant to buy his property. '~
~~ ~~
Mr. Garcia (translated by Mr. Rodriguez): Yea. ~„ .
Mr. Plummer: And at that time, he was in favor. #~,
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Mr. Garcia (translated by Mr. Rodriguez) s No, ~ ~ ~ ~,;~.~ ~ ~f'ax ••
4 n ~.~ b e!
Mr. Plummer: They didn't offer to sell,: .' ~~~
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Mr.. Garcia (translated by Mr Rodxl.guaz)s ~-Np, they o#fer buy from them, T~a~* i ,~"' ~ -
didn't pffpr to sell. ,,~~..
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Mr. Plummer: Thank you.
Al Cardenas, 8sq.: Thank you. If I maq respond, I'll give you first a brief
synopsis rather than the full presentation made to the Zoning Board and then
if you have any questions relative to the layout and so forth, I'll be happy
to get into it at greater detail.
Mayor Suarez: Why is that - when you do that, would you explain whq the
layout makes it... I mean, why the - our document here, our agenda, makes it
seem like the principle variance here is to eliminate or vary the requirement
of 67 parking spaces by nine and everyone seems to be talking about layout and
structure and all that. Are we just...
Mr. Guillermo Olmedillo: This is a technicality. In order not to provide
parking on the main site, let's say on the commercial site, you have to obtain
a variance. But, at the same time, these people are providing parking off
site. So, it's a technicality practically, that you're saying, apply for the
variance and give us the parking off site.
Mayor Suarez: They built something that looks like that but has less - nine
less parking spaces, would they have to come to us at all for a variance?
Nine more, rather.
Mr. Olmedillo: I will have to check the numbers quickly.
Mr. Rodriguez: I tell you what they're asking as a variance is to go from 67
to nine, so they're reducing by...
Mayor Suarez: Oh, from 67 to nine.
Mr. Rodriguez: Right, in the main site.
Mayor Suarez: But then, in the adjacent site.
Mr. Rodriguez: And then, what they are doing, they are asking through a
special exception to put that parking fn an adjacent property which happens to
be adjacent to Mr. & Mrs. Garcia.
Mayor Suarez: Now, in that adjacent property, what kinds of things could they
build without any kind of variance at all?
Mr. Rodriguez: They could build a house, it's a residential...
Mr. Olmedillo: Parking.
Mayor Suarez: Two level parking, one level parking...
Mr. Cardenas: Site plan.
Mr. Rodriguez: Without a variance?
Mr. Cardenas: It's a site plan. It's subject to a site plan.-
Mr. McMaster: Yes, the same thing.
Mr. Rodriguez: I cannot hear you.
Mayor Suarez: I'm trying to understand the theory of what we're doing here.
Mr. Olmedillo: It's a transitional site so you can have parking, you can have
residential there because it's...
Mayor Suarez: But how much parking? Can you have two story parking .like
they're proposing there?
Mr. Olmedillo: Well, the variance allows the Zoning Board to apply any
conditions that they seem reasonable to protect the residential neighborhood...
Tb.s! la mU.v it Is ..e •a ..C t.~e ....t.7 t- V~~..t-.. ~ ~ ...
Mayor Suarez: So, that's the catch, I guess. If they had not applied for tht
variance from 67 to nine on the principle lot, then we would not be here.
Mr. Olmedillo: It was appealed so anyway it would have been before pou.
Mayor Suarez: No, no, I mean, it wouldn't be here because there wouldn't be a
need for a variance. OK, counselor, well do you want to...
Mr. Cardenas: Yea, for the record, Mr. Mayor, members of the Commission, my
name is Al Cardenas with offices at 1221 Brickell Avenue. I'm here on behalf
of the appellee. As I stated earlier, prior to the appellants arriving, this
is a matter that was unanimously approved by the Zoning Board and I think with
good reason. The structure in question that is being proposed - first let me
add something to clarify for the record - I have always felt and this is
something that I think the City Attorney should look into, that the way that
this matter is placed on the agenda, in other words, the technical requirement
that you go from sixty some parking spaces required to nine and then as a
separate item so that, in reality, you're asking for 50 some spaces worth of
variance, when it accompanies an item that is a special exception and is tied
in to an overall site plan, I question whether it's technically correct, and
I'm just saying for the exercise of it, you may want to look at it into the
future because when you're requesting a special exception and the residential
property is tied into the commercial property and it's all part of one site
plan, I don't really think a request for the variance is necessary. That's my
own personal, professional opinion but it's something that for the future
we've always done it this way but it's something for the future may be
worthwhile looking into because theoretically you could approve a variance and
deny the special exception and then you're stuck with a building with only
nine parking spaces and...
Mayor Suarez: But the only reason you're able to apply for the special
exception is that it is transitional use, right?
Mr. Cardenas: That's correct.
Mr. Olmedillo: That is correct.
Mr. Cardenas: That's correct.
Mayor Suarez: And, as we approved the other day, the master plan designation
change for this area, we were concerned precisely about the effect for the
properties adjoining these that are zoned, that have transitional use because
of the obvious reasons of the domino effect and so on.
Mr. Olmedilio: That's correct.
Mr. Cardenas: OK, let me, if I can, get into quickly the application because
that's only a technical thing but...
Mr. Fernandez: Thank you, Mr. Cardenas.
Mr. Cardenas: ... in terms of the application itself, like in Coral Way and
8th Street and Flagler and so forth, the commercially zoned lots as you see
there have a depth which is really not functional based on the value plan
today and the development so transitional use for parking ie going to stay
with us as long as, you know, the City's been platted for 40 years the way it
has and as we progress and I think we've handled it gretty responsibly on a
one on one basis. The two previous matters that have been brought before this
Commission as I said, the adjoining property on 40th Avenue, on the
intersection of 40th Avenue and the two adjoining properties on the
intersection of 40th and 39th Court, all on the south side of Flagler, all
three of those applications entailed a very similar, almost identical fact
pattern and all three had been approved for those very sound reasons. What we
have here before you today is something which I think makes a lot of sense.
You have a parking structure which is a one story parking structure. The
buffer that has been laid out on the site plan as you can see, is as follows
and I'd like to get this closer to you if I can. But there's a 20 foot
setback facing 41st Avenue, there's a 20 foot setback facing the neighbors
property. If we had built a house on that lot, the setback requirements would
only be 5 feet. So we're giving, in this site plan, we're providing the
neighbors with three times more setback than normally the code requires that _
you give them. We have also proffered that these 20 foot wide setback would
111 February 23, 1989
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be properly landscaped as a buffer to the neighbors. Frankly, the structure
itself, as the neighbors look at it, Mill be one-half of the height of what t
home would be and it Mould be setback 20 feet rather than five feet from their
property line. There Mill be no lighting in that parking facility to disturb
the neighbors...
Mayor Suarez: How many spaces are qou going to have, parking spaces
altogether?
Mr. Cardenas: There will be a total of 85 - sixty-seven parking... 84 parking
spaces where 67 are required. There are 67 required, Mayor, we're providing
84 spaces. Also, I'd like for you to add to the question that Commission
Plummer had asked and I want to be fair. We had received an appraisal
relative to the Garcia's home which was for eighty some thousand dollars anfl
I've got the certificate of appraisal here. Our clients had proffered to them
a purchase contract for $120,000, which is 50 percent above what the appraisal
estimates to be fair market value. We're willing - because the mainstay of
their appeal or the grounds for objection...
Mayor Suarezs Not quite, not quite fifty percent.
Mr. Cardenas: ... at the Zoning Board had been that, we're willing to not _
only maintain that offer but to maintain it for a period of time that this
board finds appropriate. The mainstay of their argument, both on the appeal
letter and during their presentation to the Zoning Board, had been the fact
that the structure would substantially decrease their property value and later
on, they would be unable to sell it. We think, frankly, quite the contrary
based on what we know is there today. So much so that on a home that's
appraised in this price range we are proffering that amount on a purchase
contract and we're willing to guarantee that purchase contract for a sensible
period of time but, overall, that just addresses the issue of land value on
the neighbors property and the marketability of the neighbors property. But,
hopefully, that will answer it satisfactorily and I wanted to once again set
it forth on the record. As far as the structure is concerned that is being
proposed, it's no higher in height than the two previous parking structures
that this very Commission approved on the adjacent property and on the
properties involving between 40th Avenue and 39th Court. So, it's an
identical fact pattern, it's been approved within the same, you know, half
mile radius in the last two or three by this Commission, the last two or three
applications. Frankly, this 20 foot buffer is a greater buffer than some of
the earlier applications in terms of landscaping and the height of the
structure is such that it's one half the height of a home so in terms of
aesthetics, in terms of visual impairment and so forth, we feel that it's
appropriate. Not only that, but by providing 17 more spaces than the code
requires, will assure these neighbors who would be the first affected that the
likelihood of off site parking affecting people parking in front of their
lawns and so forth, would be removed which is one of the things that neighbors
mostly want and that's why no one else in the whole neighborhood objected to
application.
Mayor Suarez: Anything further?
Mr. Cardenas: Also, I want you to know that these plans that are before you
today are not just here at the whim of the applicant. We have met with staff
and with the Planning Department, we've heard recommendations from staff and
based on all of those recommendations, these plans have been changed and
altered to the states you are here today so there's been a substantial thought
process that's gone into it. The presentation was much more detailed last
time, but the Zoning Board approved it unanimously and I urge you to uphold..
the Zoning Boa rd's decision.
Mayor Suarezs Commissioners. 4'
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Mrs. Kennedys I'm ready to act. `:
Mayor Suarez: Please, anybody? Commissioner Kennedy, anybody? ~'~
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Mr. Rodriguez: I was going to ask one question to make sure,. on the drawings, „~
because I cannot see them that far, does that include the setback of 20~feet ~
that we asked for? ~'
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~f r=oufbi, ttiaab •ita pltfii tra !ri ista~ral ~-art aed parcel ~~ our applit;atl+~tt
!: sad Mere bound by them.
Mrs. Renttedye Mr. Mayor, # move tfiat we uphold the Zot-i~-g ~eard'r
recommendation.
Mr. De Yurre: Seeond.
Mayor Suarez: 5o moved and seconded. Any further dlseusaion? Gall the roll.
The following resolution Mss introduced by Commissioner Kennedy, w2to
moved its adoption:
RESOLUTION N0. 89-204
A RESOLUTION AFFIRMING THE DECISION OF THS ZONING
$OARD AND GRANTING THE SPECIAL EXCEPTION AS LISTBD IN
.ORDINANCE 9500, AS AMENDED, ARTICLE 20, SECTION 2018,
SUBSECTION 2018.2.1 AND SCHEDULE OF DISTRICT
REGULATIONS, PAGE 1 OF 6, TRANSITIONAL USES,
STRUCTURES AND REQUIREMENTS TO ALLOW A PARKING
STRUCTURE FOR THE PARKING OF PRIVATE PASSENGER
VEHICLES ONLY FOR PROPERTY LOCATED AT 11-15 S.W. 41ST
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) AS PER
PLANS ON FILE, AND SUBJECT TO LANDSCAPE APPROVAL BY
THS PLANNING DEPARTMENTi 20NED RS-2/2 ONE FAMILY
DETACHED RESIDENTIAL. THIS SPECIAL EXCEPTION HAS A
TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING
_ PERMIT MUST BE OBTAINED.
:.;
-' (Hare 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 eras passed
and adopted by the following vote: -
AYES: Commissioner J. L. Plummer, Jr. _
Commissioner Rosario Kennedy
Commissioner Miller Dawkins - -
Vice Mayor Victor De Yurre 'y
NOES: Mayor Xavier L. Suarez - -- :~.
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ABSENT: None.
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33. ~Nbifil g0~1IN0 ~ClARb' S APPROVAL OF VARIANCE AT 4050 Vii. P'L11~~~t ~'~.
(Owner: 'the Trust Eihk~ APpiieat:t: Robert Piacenti).
,..z.:~~_..._._
Mayor Suarez:
Mr. Plumtoer~
Mr. Olmedillo
Mayor Suarez:
Mr. De Yurrez
Mrs. Kennedy:
Mayor Suarez:
Is PZ-9 a companion item?
Yea.
Yes, air.
I'll entertain a motion on PZ-~.
Moved.
Second.
Moved and seconded.
Mr. Rodriguez: And, again, Mr. Mayor, as part of the record, the drawings
from Mr. Cardenas showing the 20 foot setback will be included.
Mr. Plunmer:
there?
What about your other thing, March 27th? Do you want that in - -
Mr. Rodriguez: Not in this case.
Mayor Suarez: OK, call the roll on PZ-9.
The following resolution was introduced
moved-its adoption:
RESOLUTION N0. 89-205
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND GRANTING A VARIANCE FROM ORDINANCE 9500, AS
AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 2 OF
6, TABLE 1, STANDARD RATIOS BY LAND USE INTENSITY
SECTORS (RESIDENTIAL), PROVIDING 9 OF 67 REQUIRED OFF-
STREET PARKING SPACES FOR THE PROPOSED OFFICE BUILDING -~
FOR THE PROPERTY LOCATED AT 4050 WEST FLAGLER STREET
(MORE PARTICULARLY DESCRIBED HEREIN); ZONED RS-2/2 ONE
FAMILY DETACHED RESIDENTIAL. THIS VARIANCE HAS A TIME `°
- LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT _ ,.
MUST BE OBTAINED. ''~:.
(Here follows body of resolution, omitted here and on ''-
file in the Office of the City Clerk.) r
- '-Upon being seconded by Coamissioner Kennedy, the resolution Mss passed '_
and adopted by the following vote:
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Ryg$= Cor~missioner J. L. Plummer, Jr.
Cominissione= Rosario Kannedy
Cor~miasioner Miller bawkins
Vice Mayor Victor De Yurre
MOSS: Mayor Xavier L. Suarez
ABSFiNT: None.
Mr. Cardenas: Thank you.
34. DENY APPLICATION TO CHANGE LAND USE DESIGNATION AT APPROXIMATELY 3223-57
FRANKLIN AVE. & 3560 MAIN HIGHWAY - f rom Low Density Residential to
Commercial/Residential (Applicants: David & Christine Hill).
Mayor Suarez: OK, PZ-11 then, and we'll go back to regular 11.
Mr. Guillermo Olmedillo: PZ-11 and PZ-12 are companion items. What you have
is an amendment to the Comprehensive Plan to change the use from the low
density residential to commercial residential. The Planning Department
recommended denial and the Planning Advisory Board recommended denial of the
application, but they recommended approval of a change for the triangular
portion, which is to the south of the main site, let's call it. That was, as
I said, approved by the Planning Advisory Board. That's on the issue of the
Comp Plan. On the issue of the zoning atlas, then the change recommended by
the Zoning Board is an RO-1/4 and only again, to the triangular portion, which
lies to the south of the main site. That is, that would leave that portion of
the site with the existing zoning and the existing land use classification,
and the change would only be to the triangular portion to the south of that.
Mr. Plummer: What is the present zoning on that portioa where the pencil is?
Mr. Olmedillo: It's RS-2/2, which is single family.
Mr. Plummer: But it is not in fact the use present?
Mr. Olmedillo: No, because they have a conditional use, which al-lowed
parking... the old conditional use by Ordinance 6871, which allowed parking.
Mr. Plummer: So to sum it up, you're saying to approve the triangle.
Mr. Olmedillo: That is the recommendation of the lower boards, is to approve
the triangle for the changes. The Planning Department was recommending denial
of both.
Mr. Plummer: OK.
Mr. Olmedillo: I don't know if the applicant... Excuse me, he is here.
Mayor Suarez: Mr. Planning Director, you raised your hand.
Mr. Sergio Rodriguez: No, I believe that the applicant had to...
Mayor Suarez: Following Mason's Rules of Procedures that apply to this
Commission. ~ .
Mr. Rodriguez: ... sorry, sir, the applicant has to be sworn in. Who ever-is
going to be speaking on this and I believe you have a lot of people. Maybe z
you want to do it at the same time. -
Mayor Suarez: Very good point. David, if you're going to testify or speak at
all into the record, you must be sworn in and Jeff, are you bringing some"'of '
the opponents? ~"
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Jeff Bercow, Esq.: -Yes, I am. `
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!layor Suarez: Do you have selected which ones .would address the Cotmais~ion, `
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if any, or are you dust.. , '
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INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: ... because we have to swear in anyone that would testify,
that's all.
Mr. Bercow: I'll be representing one landowner. Mr. Gibbs will be
representing the neighborhood association.
Mayor Suarez: Do you have an idea, Tucker, who would be testifying or can we
just - so we don't have to have...
Ms. Esther Mae Arn-brister: I will and there are other people outside can't
even get in, I want you to know.
Mayor Suarez: OK, anyone that would be testifying on this matter. whether
you're up front or in the back, or anywhere, please raise your hand and be
sworn in by the City Clerk.
Mr. Dawkins: Good God, wheeeeeee!
Mayor Suarez: Hopefully, you won't all testify but...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Why testify - I hope you don't testify and be redundant.
Mayor Suarez: Yes, I mean, you know, there's a point here at which you lose
momentum. But, anyhow, we can swear everybody in collectively. Madam City
Clerk.
THE CITY CLERK ADMINISTERS THE OATH TO THOSE PERSONS WHO WILL GIVE TESTIMONY
ON THIS ITEM.
Mayor Suarez: Well, hopefully, we won't have to have all that testimony.
Mr. Dawkins: That's why I want to build another City Hall so we'll have room.
Ms. Armbrister: Yes, but they need to come in.
Mayor Suarez: Oh, we will do that, we will do that. OK, you're against. it,
right, ma'am?
Mr. Dawkins: How are you going to get them in? I can't bring - want me to
pick them up and lift them in here? They can't come...
Mayor Suarez: You may not need all of that show of strength. OK, please,
please, please. Ma'am, what are you distributing?
Mr. Dawkins: All right, Mrs. Armbrister want those who can't get in to come
d th h 11 d t d i th d over here Over here come over h e
own e a an s an n e oor , er .
~ Come on. Came on around.
Mayor Suarez: OK, Tucker, please ma'am - Tucker, are you going to be
introducing this as part of the recordT This petition, is this part of
your...
Tucker Gibbs, Esq.: Sure.
_ Mayor Suarez: OK. We'll make sure that it's introduced into. the recgrd.
Yes. Well, we're not going to hear most of these-people, I'll guarantee you:
So don't worry about it. The applicant, Mr. Hill, proceed. Let's have some
- quiet in the chambers, please, so we can get through this item and a couple of
others that have a lot of people. Mr. Hill, proceed, sir.
Mr. Dave Hill: My name's Dave Hill, 6700 S.W. 118th Avenue, Miami. I operate
the Taurus Restaurant, property owned in Coconut Grove plus property that
we're getting rezoned, trying to get rezoned, across from the Taurus, that's
been an office for eighty years and we're just asking to leave it like it was,
an off ice. We removed the building that's. been .there ' since -1900 „end ~e>>
replaced it with another structure.
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Mayor 5uaraz: Talking about the nice looking pink house there?
Mr. Hill: Right, nice looking little pink house on the corner.
Mayor Suarez: Well, what zoning has it had up to now?
Mr. Hill: it had residential zoning on there.
Mayor Suarez: So you sere restricted from using more than 25 percent of the
space for office, is that...
Mr. Hill: Right. But actually, it was never zoned residential. Everybody
thinks it... we did, we thought it was zoned residential too but it was never _
platted residential. What we did was remove the...
Mayot Suarez: Why does our agenda read that it's being proposed to be changed
from RS-2/2 to 5PI-2 if it wasn't residential?
Mr. Hili: Go ahead.
Mr. Olmedillo: The ordinance provides criteria for zoning change
applications. They can apply for what's right abutting them and what's right
abutting them is the SPI district, the SPI-2 district.
Mr. Rodriguez: The question was, what is the existing zoning there?
Mr. Olmedillo: The existing zoning is RS-2/2 which is single family zoning
that I responded.
Mayor Suarez: Single family?
Mr. Olmedillo: Single family zoning.
Mayor Suarez: Residential.
Mr. Olmedillo: Residential.
Mayor Suarez: I just want to make sure we understand each other here. OK,
proceed.
Mr. Walter Pierce: Mr. Mayor, members of the Commission, my name is Walter _-
Pierce, I reside at 684 N.E. 75th Street, Miami.
Mayor Suarez: You're sworn in too, Walter...
Mr. Pierce: Yes.
Mayor Suarez: ... and you've got your registered and so on?
Mr. Pierce: No, I am not registered as a lobbpist because I'm not being
compensated, I'm doing this strictly as a friend of Dave Hill's. I did,
however, receive a waiver from the Commission on January 12th, I believe it
was. The property is zoned RS-2/2. The triangular parcel that we call parcel
"B". Parcel "A" consists of lots 2, 3, 4, and 5 and era currently used as the
parking lot for the Taurus Restaurant approved under conditional use in the
early 1970'x; 1972, I believe, was the first approval there. The application
was filed for SPI-2 simply because the City does not permit the application to
be filed any other way. The RO-1/4 zoning, which was recommended by the
Planning Advisory Board for the triangular parcel, is the district that would
accomplish what Mr. Hill needs to be accomplished on that site. That property
has never been residential, in use, that is, in use. It was originally built
as a doctor's office in the early 20'x. It became a real estate office for
the laxt 30-some years. We are prepared to give a full presentation that
would go approximately 20-some minutes and if the Commission wants to hear'
that. If not, we'd let the people who are opposed to this application speak
and be glad to answer their questions.
Mayor Suarez: You have to decide that, I mean, you know, I... -
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Mr. Pierce: Well, it looks like you've got a full house but wp'll gladly do '_
the full presentation. - ~
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Mayor Suarezs You'd batter give whatever presentation you think is going to
get you to the promised land.
Mr. Pierce: Well, Mr. Mayor, I think we'd better get the chariot ready
because here we go. This thing...
Mrs. Kennedy: Are you ask... Waiter, are you asking us to change the zoning
back to commercial or residential of what are you asking exactly of...
Mr. Pierce: No, RO-1/4, which is residential office is the district.
Mrs. Kennedy: What you had before.
Mr. Pierce: Beg your pardon? No, it will allow the use that's there today
and that has historically been there to continue to be there. And it would
also •ilow, on the parking lots, the conversion of the two existing duplexes
into offices, but there are no further changes proposed for that property.
I've heard rumors that Mr. Hill wanted to take the Taurus Restaurant down and
that this zoning change would accomplish that. The reality is, today, the
Taurus site, the unplatted portion and lot one are already zoned SPI-2 which
is essentially the •ame zoning as a CR-2 district with some exceptions because
of the overlay, special public interest district. That building could come
down today and construction begun immediately on a building that would
approach five stories in height. In addition to that, under the current City
zoning ordinance, transitional use zoning is allowed as a side transition from
the back of the Taurus which sits on the blue portion. The transitional use
zoning would allow commercial use basically in connection with the Taurus on
lots two and three. It's a one hundred foot transition that would be allowed
there. You know, the rumor is that the building is going to come down are
ridiculous. Without the parking lot, the Taurus doesn't exist. From a legal
and practical business perspective, they don't exist. But to get into the
presentation.
Mayor Suarezs Why have you been mentioning the Taurus Restaurant? What is
the relevancy of that? I don't... Mr. Planning Director, the property we're
talking about is across the street from it.
Mr. Pierce: No.
Mr. Rodriguez: No, we include the property on both sides of Franklin Avenue.
Mr. Pierce: Mr. Mayor...
Mr. Rodriguez: And the triangular piece is the one that there was a picture
- sent around where they have this small real estate office.
Mayor Suarez: I know what they have on the triangular piece.
-_ Mr. Rodriguez: On the other side, across from it, as you may recall, they're
trying to bring to your memory, you have the Taurus Restaurant and. part of
the...
~ Mayor Suarez: Are we talking about a change of what exact property of the two
~ that I'm looking at and that I think of as the little house across the street
from the Taurus Restaurant, the pink house, and the Taurus Restaurant.
~_
Mr. Pierce: Yee.
Mr. Rodriguez: The application, remember, is for everything that is in~the
shaded area and includes the area of the parking of the Taurus Restaurant.
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Mayor Suarez: Just the parking? .'r
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Mr. Plummer: There's a big difference here, OK? And of people who-have
called me, I have not received, really, any phone calls in opposition to-,the
real estate office. The opposition is over behind the restaurant basically.
Now, you know, I think you did yourself a disservice by putting;these:`.t~wo .~'
together, I really have to tell you that. 3y;
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Mr. Pierces Well, I'll explain that, Mr. Plummer. `'
Mr. Plummer: Because one does not, in my estimation, relate to.tha :other. ~ ~
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Mr. Gibbs: Yes, it dons.
Mr. !'lummer: it's two separate parcels of which two separate individual uses
is contemplated. The one, Mhich is the real estate office, is there, it's
already existing. The two 2-story duplexes on the other property is the
subject of another matter and...
Mr. Pierce: Well, the reason they were put together, the City hsa only three
means by Mhich you can file - that a private property owner can file a zoning
application. The property must contain 40,000 square feet net or it must have
200 feet of lineal frontage on a single street or, three, it must be
contiguous to a property that's zoned the May you want yours zoned. In this
case, since contiguity goes to the center of the street, the triangular parcel
could sot be considered contiguous to the Taurus site itself.
Mr. Plummer: I see.
Mr. Pierce: So, to get the contiguity, you had to include lots 2, 3, 4, and
5.
Mr. Plummer: I understand.
Mr. Pierces OK. To get into the presentation. All of the property on
Franklin Avenue was zoned R-2 until 1975 when the City then rezoned from here,
Hibiscus Street, all the way back to Main Highway to R-1. The problem of
doing that at that time is that street was already been developed, it's been
developed in duplexes and four-unit buildings for the most part. Plus, I
don't know how to classify or categorize thorough Grove, because thorough _
- Grove is neither single family residential nor a duplex. As a matter of fact,
the densities on those two projects check out to be about twelve and a half
units per acre and I understand that they were built after 1975, after the
zoning had already been downzoned. Parcel "B" - parcel "A", rather - as well
was zoned R-2, downzoned in 1975. The conditional use was granted on lots two
and three in 1970 and on lots four and five in 1972. That, I will also point
out, was prior to the current owner acquiring the property. The pink house
had been zoned - existed since zoning in the City of Miami in the 1930s, was
zoned for residential use. It, however, has never been used as a residence.
The little house was always used as an office as I said before. Also,
historically, I will tell you because I'm sure that people here will tell you
that the office, the current pink house, did receive a variance for zero foot
front yard setback prior to its - the building permit being issued. I will -
if I could have that photo back for one second that we put up there - I will
tell you that that variance applies to one little corner on the northwest
portion of the property. That the house, more or less, if you averaged the
front yard area, would exceed the ten foot requirement. People have asked
= us - that one corner I'm referring to is this one, I thought it would show you
but it doesn't; it shows in one of the smaller photos that we have here. But
that is the variance that we're talking about. Could a zoning district less
than SPI-2 suffice? Yes, it would, RO-1/4, as we've mentioned, would be
adequate to do what needs to be done there. The Zoning Board also felt that
~
way and recommended RO-1/4 on the triangular parcel. It did not make a
_
^ recommendation on the parking lot. I will also tell you that the Planning
Advisory Board voted four to three in favor of the application and it's on
your agenda as a denial simply because there is a requirement that a minimum
~ of five votes is required for a positive recommendation on anything. The
=
people have asked what assurances are there in terms of that pink house .....
_
Mr. Hill's willing to proffer a covenant to that effect. One has sot been
prepared tonight because the lower boards don't deal with those, meaning the
_
PAB and the Zoning Board. But that is something that he's quite willing to do
and will do and we'll prepare it and have it submitted to the City Attorney's
office if this passes on first reading. It'll be here for second. Assuring ,
- the Commission and the residents that the pink house will not, in any way, be
expanded, it can't be for practical reasons. It will not be demolished, it
Mill be maintained in its current form and in its current density and the same '~
thing as well for the parking lots. The two duplexes we said would be
converted into offices. I'd like to point out a couple of things in atef~'s
recommendation that we don't, naturally, agree with. Staff said there was no '
justification for extending the village center and I would submit that you're '~
not extending the village canter and the staff mentions the Main Highway as {
being a historic highway. It is an historic highway and we all love it bqt
t~;
that has no bearing on this as that structure is there. It was there before, ~
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119 February 2~, 1989 ~ .;a ~
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as a matter of fact, some of them, the improvements that Mr. Hill made in
construction of this residence actually improved Main Highway. As you all
will recall, that was one of the most dangerous intersections in Coconut
Grove. So dangerous, in fact, that it still today people are not - no dri~rer
is alloMed to make anything but a right turn out of there on Friday evenings.
Mayor Suarezs Does that complete your presentation?
Mr. Pierce: No.
Mayor Suarezs Let's go.
Mr. Pierce: OK. There's nothing, that I know of, that prohibits a change of
tone adjacent to a historic highway and, in this case, there could be
absolutely no affect, either negative or positive, on the highway. The zoning
would simply allow Mr. Hill to use the property in a manner that it has
historically been used and in a way that's appropriate for that corner. That
is not the greatest corner for residential occupancy in Miami. You got the -
noise on Main and you got noise of Franklin. Also point out to you that once
you go south of Grand Avenue, there are only two streets. First two streets
that connect to Douglas to the west are Charles Avenue to the north and then -
Franklin. This application... approval of this application would have
absolutely ao effect on either of those streets. It will not increase the
traffic flow, there is not a traffic flow problem there today. The problem
occurs during rush hour when people look for the shortcuts. This application
would not affect that one way or the other. People are still going to look
for the shortcuts. The land use pattern in this area, staff says is
residential. That, I find, is absolutely not the case. It's not single
family residential. These colors show the zoning pattern out there and it
will tell you that everything in here is single family residential. We
already know that it isn't. That with four unit buildings, four unit
buildings of multiple family apartment buildings, Stirrup Grove is a townhouse
district. The City doesn't have a townhouse district but I will tell you the
townhouse districts in Dade County are eight and a half units an acre. That
in Hialeah they're like sixteen unite an acre and this one is at twelve and a
half unit an acre. But by any planning definition it fits.
Mayor Suarez: Are those nonconforming uses?
Mr. Plummer: No.
Mr. Pierce: Yes they are nonconforming, sir.
Mr. Plummer: The Stirrup?
Mr. Pierce: Stirrup Grove - both projects are nonconforming. Mr. Plummer,,.
every structure on Franklin Avenue is nonconforming. ;Y
Mr. Plummer: Is Stirrup Grove on the right or the one on the left?
- Mr. Pierce: Both.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
~ Mr. Pierce: Both. -
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Mr. Plummer: The one to the left as you go down Franklia at the ..end of .the'
church property is nonconforming? That's only bees built like, five or eight ,
years. .
Mr. Pierce: Late '70's - '78-'79.
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UNIDENTIFIED SPEAKER: Late 70's - '79. ..
Mr. Plummers How can it be nonconforming? g
Mr. Pierce: Because you don't have a cluster ordinance in your City~any more. t~'
No, I didn't do that, you guys did that. But, you. don't have a cloister. ,~`
ordinance.
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Mayor Suarez: On the present ordinance is nonconforming.. ~.$
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bst~~~ Suara~t: But it'll ~e~ai aohconfbra~ih~.
Mr. l'lwgner: It sas legal alien it Man 'tii~ilt.
Nre. Artnbtistars Right.
Nr. Pierce: it was legal when it was built, call...
ter. Plumtuers Ah, ah, OK, OK, all right, all right.
Mayor Suarez: Legal nonconforming.
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Mr. Piunuaer s
Mr. Pierce:
Under today's conditions, it's a nonconforming.
Right.
Mr. Plutmner s Thank you.
Mr. Pierces Yes, nonconforming means....
Mr. Plurmaers OK.
Mr. Pierces ... that it was legally established.
Mr. Plummer: OK.
Mr. Pierces But, we'll save that one for another day. I question it any how:
I have heard comments that to take the triangular parcel as a part of the
residential block, we will tell you that the triangular parcel is not part of
the Andrade subdivision. It never has been. Andrade subdivision was platted
around that block. The property owner did never own the triangular parcel.
He couldn't have platted it. The triangular parcel is a part of Roberts
Subdivision, what remains of it because it's been cut up too over the years:
Andrade subdivision actually consists of eight tracts; seven'of those tracts
are the lots you see fronting on the little circle and the eighth tract is the
circle itself. The triangular parcel backs up to those and has never been
part of that residential block. But if you're talking about the land use
pattern, you've got to point out that there have been no changes oa that
street in probably - with the exception of Stirrup .Grove - in twenty years.
The only other changes over there have been on paper because the Citq rezoned ,.
the land for one thing. I read the summary of the Coconut'Grove traffic
study. The study itself hasn't been published yet but I think a presentation }~-
vas made to the City Commission a few months back by the planning staff. And,..
if you recall, there were problems on Franklin and Charles were so minimal in ~ ~~
terms of traffic volumes, that they didn't even do a traffic count. All they
= did ras observe the traffic. And there is not a traffic problem. there with
_ the exception of people looking for the shortcut between Main and Douglas.
And this application will not affect that one bit in either way. Finally, I
-
_
tell you that is your ordinance, we talk about the appropriateness of the RO-
1/4 zoning. The City's ordinance states that this district is intended-to
apply in areas which are primarily residential in character. Let me emphasize `
the word primarily because it doesn't say totally and this in an area that is °=~
not even primarily residential in character, it's less residential thaw that ,`
if we consider the corner of Main and Franklin, but within which offices would
_
also be appropriate at compatible scale and intensity either in separate f~r5
buildings or in combination with residences. That is the statement of intent ~,
language from the zoning ordinance for the RO-1/4 district and I would sap ~ ~`'
that what Mr. Hill proposes to do on both the parking lots and with-the
triangular parcel, that the scale is there, the scale is compatible, I mean,
they ware built as residences all three structures. The intensity ,.waf~ ~'ar~
certainly not be there to affect the residential properties adjoining to:_the
south sad to the southwest. I will cut it off now and be happy to respond`to ~ :-
any questions you might have. •~~•
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pppQnents.
Msyor Suarezs Please, and you have a short period for rebuttal. -
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llr. Bercow: Thank ou Mr. !la or, Copssnission members. M name is Jef~re ,~U;-~
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Bsrcoa, I'm an attornoy with the law firm of Steele Hector and Davis, •24Q ~T ~°
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South Biscayne Boulevard here in Miami. I do intend to be very brief this
evening. I'm here tonight representing Mr. David Swetland, the owner of
property in the immediate area and the developer of the Camp Bfscapne
Subdivision. To begin with, I have the utmost respect for Mr. Pierce and Mr.
Hill. I've eaten at Mr. Hill's restaurant and I've worked with Mr. Pierce
when he was in the City and I think they're both fine gentlemen. But the real
issue here tonight is not transitional uses, shortcuts, zoning history or
platting history. The real issue here is the appropriateness of the use, the
compatibility of the use and whether it's consistent with pour own master plan
adopted just last week and I'll get to that in a minute. My client concurs in
the recommendations of denial being offered by the Planning Department for
those very reasons we think that the current district boundaries, both for
zoning and for master plan purposes, are properly drawn. We don't want any
further commercial intrusion into the residential areas, either on Main
Highway or on Franklin Avenue. I think that this application, if approved,
could represent a precedent for further rezonings and for further master plan
changes. And in that respect I'd like a comment from staff as to how this
application is affected by the 1989 to 2000 neighborhood plan that you just
adopted. I noticed that there was a glitch between first and second readings
which was corrected as to the effect of the Taurus property. Question is, has
the district designations or have the district designations also been changed
for the parking lot, have they also been changed for the triangular piece? If
they have not, then any proposed rezoning would be inconsistent with the plan
and the first application you have before you is an application to amend the
1985 master plan which is no longer in effect in the City of Miami. The plan
that is in effect as of February 9th is the new 1989 to 2000 master plan.
Mr. Plummer: That's not true.
Mr. Bercow: State law provides that upon adoption, all development orders
must be consistent with the new master plan. I'd like staff, whether it's the
Attorney's Office or the Planning Department, to comment on that.
Joel Maxwell, Esq.: Mr. Mayor, section 7 of our comp plan has a window in it
that allows a hundred and eighty day grace period for applications that were
made to the City before the effective date of the new comp plan. So if an
application is filed with the City before the effective date of the new comp
plan, that's the 2000 comp plan, then they can proceed under the old comp
plan.
Mayor Suarez: We, as a matter of policy, may see what we've done in the
comprehensive master plan as being what we should follow today so...
Mr. Bercow: Joel, I understand that, the point is that the application
presently pending is an application to amend the '85 plan and not the '89
plan.
Mr. Plummer: It's an application, it's not been approved.
Mr. Bercow: Does that represent a problem?
Mr. Maxwell: I don't think so, Mr. Bercow.
Mayor Suarez: Like I say, from our perspective, the criteria will be those
contained in the '89 comprehensive plan.
Mr. Plummer: But as approved.
Mr. Bercow: Just to sum up...
Mayor Suarez: Yes.
Mr. Plummer: Yes, but I...
Mayor Suarez: Even though it's not in effect at this point.
Mr. Plummer: The first plan, for example, .the first plan we sent in~.they
turned down. It was not approved. And I would assume your kick in.,..
Mr. Bercow: No, it was sent back with comments. It was not rejected, it was.
sent back with comments.
122 i'ebru+a~ry 29 ~ i9~9
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Mr. pluiainer: well, it wasn't approved, bKfi So I Mould aeawne that that titbb
frame would not kick in until ouch time as DCA approves it.
Mr. Bercow: Weil, except no, state laa... -
Mr. Plummer: And he's saying 180 days, I didn't even know that.
Mr. Bercow: State law provides the plan goes into affect upon adoption.
Mr. Maxwell: He's correct...
Mr. Plummer: Adoption, yes. -
Mr. Maxwell: The plan does go into effect upon adoption.
Mr. Plummer: Adoption by us or by the state?
Mr. Maxwell: By you.
Mr. Rodriguez: By you and...
Mr. Plummer: Even though it could be not approved by them.
Mr. Rodriguez: Appeal.
Mr. Maxwell: It's still effective.
Mayor Suarez: And there's a hundred and twenty day window, you said of...
Mr. Plummer: One eighty.
Mr. Maxwell: There's a hundred and eighty day period for application ;-for
permits. _
Mayor Suarez: That was then pending... ~ ,~ ;:
Mr. Maxwell: That's correct. ~ ~. _
Mr. Plummer: I didn't know that. ~ -
Mayor Suarez: ... at the passage of .the comprehensive master plan. OK. -
Mr. Maxwell: Yes.
:,
- Mr. Bercow: We think this application, both applications, do have the
potential to increase traffic congestion is this area. I want to point .out -
- I think this was alluded to by let's be specific about it - Mr. Hi11 does not
seed a rezoning of the parking lot to continue the uses on the parking lot
because they are legal nonconforming uses. He needs a rezoning of the parking
lot so that he can rezone the triangular piece which is presently in
violation. He cannot otherwise correct the violation,. there fs nothing in
your zoning code that will permit him to make this use legal. The only way he
can do it is to rezone the triangular piece, the only way he can rezone the
~_ triangular piece is to rezone the parking lots. We think that's overkill,=we
think it's the tail wagging the dog, it's not appropriate, it's worse. thaw'
spot zoning and we ask that .you deny the requests. .Thank you.
AY,
(APPLAUSE) }
Mr. Plummer:- Wait, et me get a clarification because he just said sosasthiing - ~~'~
there that...
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Mr. Plummer: He made :a atatameat as I.understand it that if you don't rezone #°'
the parking lot, you can't rezone the triangle. Ia that a true s3tatemeat4 ~ `
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Mr. Plummers You don't work fpr me any more... ~ ,`3~ _
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U'N'IDENTIfti$D $p$AKSR: praise the hordi
hr. Plummer: And you'd better be careful or you'll be in the same bolt... ~s
that a true statement or not?
Mr. Rodriguez: No, I think you can make a decision...
Mr. Plummer: $ecause the board... the action of the Zoning Hoard approved the
triangle but did not approve the parking lot. Well, they approved it but by -
didn't have a five...
Mr. Rodriguez: Well, they didn't approve it.
Mr. Plummer: OK, they didn't approve it. Sut, in other words, are qou say...
then his statement is incorrect. The triangle can be rezoned without the
parking lot. But only for the purposes of the application urea the parking lot
included.
Mr. Rodriguez: Yes, because you have established, in other cases, zoning
lines to go up to a certain point, right?
Mr. Plummer: OK, so that statement is incorrect.
Mr. Rodriguez: It's incorrect.
Mr. Plummer: Thank qou.
UNIDENTIFIED SPEAKER: I don't agree.
Ma. Esther Mae Armbrister: Good afternoon, my name is Esther Mae Armbrister
and I live at 3350 Charles Avenue in Coconut Grove and been there for the past
43 years. We have gone over this thing so many times till it's - I don't know
what. I would like to straighten Mr. Pierce out. To begin with, you do not
have enough parking apace as it is because I live at 3350 Charles Avenue and
Mr. Dave Hill clients park behind my house on the dead end of Royal Road and I
am, at the present time, paying FPL $8.00 a month extra for a light to keep
people from jumping over my yard when they steal. At one time, Mr. Dave Hill
and Father Vaughan extended my fence but there were strings attached and
nobody's attaching no strings to me so I gave Mr. Hill his fence back, so I'ta
through with that little deal. I'm not for sale. Now, I would like to talk
about the townhouses on Franklin Avenue. In 1907 and...
Mr. Plummer: Wait a minute, wait a minute, that has nothing to do with this
appli...
Ms. Armbrister: Wait a minute, yes it does... They say these things, let me
say mine. Thank you. Those townhouses he kept on talking about, not homes,
they are homes that we built and when I say we NVP and the City aad the Couaty
agree but those houses becoming townhouses as they are, number one. Number
two, the black settlement of Coconut Grove this year will be .... in eighteen
and nineteen ninety, the black settlement or the black Grove, whatever you
call us, will be 100 years old and the first house that was built by a black
`, is on Charles Avenue and it's still in use and we do not want any more traffic
___- on Franklin, either on Charles Avenue, we are in the process with the City of
Miami and Sarah Eaton to make it an historic site, preservation.
(APPLAUSE)
Mayor Suarez: Please.
Ms. Armbriater: And then, we -are also preserving the cemetery that We.,.~ave~'
aad it is 76 pears old as the 13th of March. That is the first and pAly
cemetery that was owned by a black organization. Now, for all thia:.traffic,
that he just got through talking about, that does sot... '
,_
Mayor Suarez: The only real eyesore in the community is the property that:we,
own at the end of Franklin. ,~~
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Md. Armbrieter: i want him to know that on the 3rd of this month at the
corner of Hibiscus and Charles Avenue, there was a big, disastrous accident.
The traffic was going west and the lady was going south and you have to come
in to the intersection before you can see what's coming this way. So by the
time you have pulled out into the intersection, you are knocked into kingdom
come or wherever you're going to go. And we definitely have to have a four
way stop sign. As far as Franklin Avenue is concerned, when the people bring
their children to school back there on the back, we have all that added
traffic and they take the shortcut down Hibiscus, swing it around and go in
that way and there again is the devil to pay. The City is now in the process
of building 30 houses on the corner of Franklin Avenue and Douglas Road and I
would like to know how in the heck do you think we're going to get out - the
people who is going to buy a home are going to get out onto Douglas Road
without some kind of signs and traffic signs. I don't know what he's going to
do magicianly but this is what we need. And as far - and, oh, if you change
this zoning system, zoning, I want you to know that Father Vaughan and his
church are waiting eagerly for you to change it so Father Vaughan can do his
thing at his church over there. This is what they're waiting for you to
change. This is what they are waiting for you and within three months time,
they would have done what they wanted to do. Believe it or not, watch them.
They've already done it?
UNIDENTIFIED SPEAKER: They've tried.
Ms. Armbrister: Oh, they've tried. Well, anyway, that's what they want to
do. We cannot stand any more traffic in Coconut Grove. We can't stand it.
And in the meantime, I'll repeat again, he doesn't have no parking space. He
doesn't have enough parking space. He parks behind my house and I'm paying
for his cars to be taken care of and protected by paying the light, FPL. And
I just want you to know, we can't take it. We just simply can't take it.
That's all for the time being.
(APPLAUSE)
Mr. Dawkins: Mr. Maxwell.
Mr. Maxwell: Yes, sir.
Mr. Dawkins: Mr. Maxwell, to insure that we stay on the safe and solid
ground, on what conditions or on what other - we have to evaluate this either
for or against it, how?
Mayor Suarez: What are the criteria?
Mr. Maxwell: Criteria for comprehensive plan and for rezonings, Mr.
Commissioner, are set forth in section thirty-five nine and thirty-five ten of
your zoning ordinance. You can't deviate from that nor can you place any
conditions on this what is before you now which is a comprehensive plan
request. Therefore, either you decide, based on the conditions in those
sections, that you approve or disapprove - rather you approve or you disprove
it based on that. If, by chance, you do approve and it moves on to the
rezoning request itself, at that point covenants can be placed on the request.
Mr. Dawkins: But right now, we're hearing this, the criteria for hearing this
is that - the Planning Department denial or you vote for it because you do not
agree with the Planning Board denial, is that... I mean, the facts set up here
by the Planning Department.
Mr. Maxwell: Yes, sir, you can say that because in making the... in the
Planning Department's making its recommendation, it, as the Planning Advisory
Board and the Zoning Board below, had to consider those standards and criteria
so those recommendations made to you by professional staff have taken into
consideration the facts that I set forth below. So, if you agree with the
Planning Department, you are, in fact, adopting the fact that somehow they do
not meet the standards and criteria of thirty-five nine and thirty-five ten.
Mr. Dawkins: If it's voted favorably and they say I'm for it because I
disagree with this and one side sues and it's denied going along with the
_ Planning Department's recommendation and the other aide sues, can you defend
us in court because we followed the recommendation or we voted against the
recommendation?
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Mrs 'Maxwell: Neil, sir, that's a diffieuit question to answer. However, in
order to...
Mr. Dawkins: No, no, no, you paid to defend us, i didn't say would ybu sin,
nos, I didn't say would you win if we went to court. I nay, would you go td
court to defend us7
Mr. Plummer: He has to.
Mr. Maxwells We go to court to defend you regardless of what happens, sir.
Mr. Dawkins: All right, that's ail. OK.
Mr. Plummets Regardless of what ae do, he's got to defend us.
Mayor Suarez: Now, Tucker, before we gat into this whole presentation, I
maybe ought to get a feeling from tha Commission here because as I see it,
Lhat applicant is trying to buttress a change of zoning for an illegal,
nonconforming use on property across the street that he oars which is itself a
legal, nonconforming use.
Tucker Gibbs, Eaq.: No, it's not a legal nonconforming use.
Mayor Suarez: The parking lot is not a legal nonconforming use?
Mr. Gibbs: No, oh, I thought you sere talking about the house. The house is
not.
Mayor Suarez: That's an illegal nonconforming use as far as I can tell.
Mr. Gibbs: Right.
Mayor Suarez: And he would like to change the zoning of that buttress on an
illegal non... I mean, a legal nonconforming use across the street and, you
know, for my vote there's not a snow ball's chance in hell. So, you know,
unless you want to have a bunch of presentations and if I get some feeling
from the Commission that's how they feel, we can do a little bit like summary
judgment in the case and not have to hear from the defense, but...
Mr. De Yurre: Well, what I'd like to have cleared is, first of all, the
comprehensive plan. If we vote against it, what impact does that have on the
zoning change afterwards?
Mr. Maxwell: It kills it, sir.
Mr. De Yurre: OK, so the comprehensive plan...
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Mr. Maxwells .
Unless you approve the comprehensive plan, you cannot move on to
the rezoning change, that's correct.
= Mr. De Yurre: In both respects, on both ends, the triangle and the parking
lot.
Mr. Maxwell: That's correct.
~ Mr. De Yurre: So both have to pass.
Mr. Maxwell: That's correct. f
- Mr. Plummer: Do you understand that? But, wait a minute now... `
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Mr. Maxwells Your comprehensive plan...
Mr. Olmadillo : No, no, wait, wait a minute. ~ ~ ~ ~`
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Mr. Plummer: Excuse me, I just asked a question which I thought was the same ,,
question and Sergio said that we could vote for one without the othex ~'r
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Mr. De `furze: Noa, ae far as the eoraprehetsaive piano we have tb agiir~~-e bath
wade and...
Mr. Maxwell: No, no, no, no...
Mr. De Yurre: No?
Mr. Maxwell: ... you can approve it as a plat to either one. if you want tt~
approve the comp plan for only the triangle, you could do that.
Mr. De Yurre: On the comprehensive plan?
Mr. Maxwell: Yea.
Mr. De Yurre: We can deny, for example, the parking lot and approve-.the
triangle?
Mr. Maxwell: Correct.
Mr. Olmedillo: That's correct.
Mr. De Yurre: And that allows us to move on to the rezoning, denying...
Mr. Maxwell: For just the triangle.
Mr. De Yurre: ... denying - well, we have to deny.
Mr. Maxwells Yes.
Mr. De Yurres The parking lot. And then we can approve the triangle with
whatever covenants the proponents would deem necessary to be acceptable by all -
the parties concerned here.
Mr. Maxwell: Yes.
Mr. Rodriguez: You could do that.
Mr. De Yurre: OK.
Mayor Suarez: Well, unless we have a consensus to lust deny the whole. thing,
we continue with the objectors. Just try to keep your...
_ Mr. Pierces Mr. Mayor....
_ Mr. Plummer: Excuse me, Mr. Mayor, I'm sorry for being ignorant but. when.I '
do, I have to ask questions. Am I then to understand that eleven is the comp.: :
_ pla n change and twelve is the zoning change?
- Mr. Maxwell: Yes, that's correct.
Mr. Pierce: Yea. .
Mr. Rodriguez: Yes, sir.
Mr. Plummer: So shat you're saying is, if we don't vote favorably on eleven,
ae can't vote on twelve. Is that correct?
m
Mr. Maxwell: That's right. ~}
Mr. Rodriguez: That's correct.
Mr. Plummer: Oh, but you're also saying. that ae.can vot e,for one paFCel qnd
not the other... -~~
Mr, Rodriguez: For a portion of it. ~- 5 ~-"
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Plummer: ... on eleven and, on tae~vq. ,
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Mr. Maxwells Correct.
Mr. Plummer: OK, thank you.
Mr. Pierce: Mr. Mayor...
Mr. Plummer: I'm only half ignorant now.
Mr. Pierce: ... may I respond to a statement you just made before you go
back...
Mayor Suarez: No, no, that's my statement of how I feel about it. We're
going to get to the rebuttal in a second and we're going to...
Ms. Armbriater: Wait...
Mr. Pierce: No, it was factual, sir. It was a factual statement that I'think
you made an error.
Mayor Suarez: I don't think so...
Ms. Armbriater: He's already talked.
Mayor Suarez: ... I know that you feel this property, the triangle property,
is zoned something other than what I think it's zoned which seems to me
clearly to be zoned residential but...
Mr. Pierce: It is.
Mayor Suarez: OK, ao I don't know what was in...
Mr. Pierce: No, you made a statement...
Mayor Suarez: I said it was an illegal if used as a real estate office, it
would be an illegal, nonconforming use or otherwise known as a an....
Mr. Pierce: Yes, that statement is correct, sir.
Mayor Suarez: And your application today is buttressed on property across the
street belonging and also to Mr. Hill, i.e. the parking lot of the Taurus
which is itself a legal nonconforming use.
Mr. Pierce: I'll respond in the rebuttal.
Mayor Suarez: Which, to me, is about as pushing the whole process of zoning
and planning about as far as you can possibly push it. I mean, it would have
to be an incredibly exigent circumstance for me to even contemplate this, let
alone grant it.
Ms. Armbrister: I would just like to present these petitions to the young
lady.
Mayor Suarez: Please, those are in the record. Do try to keep, please, the
objectors to a, you know, minimum number.
Mr. Gibbs: Right, and we're trying not to repeat ourselves either.
Mayor Suarez: Understanding that, you know, the cumulative thing doesn't
really help all that much.
_ Mr. Gibbs: Right. My name ie Tucker Gibbs, I'm president of the Coconut
Grove Civic Club, I live at 3820 Bayside Court in Coconut Grove. Mr. McMaster
from the Civic Club is putting up there so I won't have to read it off and
take up your time, the criteria that Mr. Maxwell was talking about. Now, that
criteria is not mandatory that you have to approve everything that is on
there, but you at least have to consider it. And the first item on that and
the one that I'm going to spend my time talking about is the comprehensive
plan. It says that the proposed change would be inconformity or in conflict
with the adopted Miami Comprehensive Neighborhood Plan or portion or portions
thereof or would require a substantial modification of the adopted
comprehensive plan or portion or portions thereof. We've established that the
adopted comprehensive plan is the 1989 comprehensive plan and Mr. Bexcow
128 8abruary 23, k989 ;:
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talked about the land use designations and I want to talk briefly about the
goals, objectives, and policies which you all adopted that deal with Coconut
Grove and deal with land use in general. And I'm just going to be very
general about it. Goal one in your GOP is dealing with land use says, "...to
maintain a land use pattern that protects and enhances the quality of life in
the City's residential neighborhood." Despite what they are saying, this is a
residential neighborhood. It has always been a residential neighborhood. It
was downzoned in 1975 from duplex to R-1. That is the goal, the goal of the
Planning Department was to keep this residential. By allowing this intrusion
in there, by allowing the rezoning, what you're doing is you're intruding into
the residential neighborhood. Policies talked about protecting residential
neighborhoods against encroachment of incompatible land uses and those are
just the general ones. You want to talk about Coconut Grove in particular to
provide a neighborhood environment in Coconut Grove that will assist the
private sector increasing the stock of affordable or moderate income housing.
You talk about rezoning this area R-0 and you talk about R-0 all the way
Franklin. What does that do to your affordable housing stock in Coconut
Grove? You have other issues dealing with land use regulations in Coconut
Grove fostering a high quality of life in the residential neighborhoods. How
does a commercial use in a residential neighborhood do this? Finally, they
talk about Coconut Grove village goals, enhance and preserve the neighborhoods
and the village character, support the continued high quality development of
the commercial Grove center. Is that at the detriment of the residential
neighborhoode7 Campaigns after campaigns that you all have waged, have talked
about how important the residential neighborhoods are. This is your chance in
Coconut Grove to show that the Coconut Grove business district is where it is
now and it will not intrude on the residential neighborhood.
(APPLAUSE)
Mr. Gibbs: My last comment. Mr. Hill got this property with his eyes open.
He wanted residential use here. He moved the pink house and in its place he
built a house, a residence, and what I'd like to refer you to is that overhead
- over there and on the overhead, if I can find it, he speaks of, in his request
for a zoning variance, "This site has been a single family residential lot for
- decades and with approval of the proposed redevelopment, would allow the
property to continue to be used for the same residential use." This is Mr.
Hill in a notarized affidavit applying for his zoning variance. In addition,
Mr. Hill, at the same time, talked about, "The redevelopment of this lot as a
residence will upgrade and maintain the residential character of the existing
neighborhood." Now, about a two years later, Mr. Hill comes back and says,
oh, I made a mistake. This is a man who has had a business at this
intersection for years, who knows this area of Coconut Grove probably better
than anyone and now he comes back and says, "Gee, I made a bad business
judgment." Is it the purpose of the Commission to correct bad business
judgments made by businessmen in Coconut Grove or to make them whole? If you
grant any rezoning of these sites, you'll not only trivialize your comp plan
and zoning code, but you'll also be ignoring the long held unequivocal desire
of Coconut Grove residents to limit commercial intrusion in your neighbor...
in these neighborhoods. And I would recommend that you will please deny both
v parts of the petition, the triangular lot and also the parking lots.
(APPLAUSE)
Mr. Gibbs: One other thing. I have two letters that I won't read into the
record but I would like to submit to the City Clerk to put on the record.
Thank you. Jim - Jim, are you going to speak?
Ms. Leslie Lilly: My name is Leslie Lilly, I'm on the board of the Civic
Association. I live at 3670 Hibiscus Street.
Mayor Suarez: His Civic Association?
Ms. Lilly: Yes, and I'm also... with the Civic Assoc...
Mayor Suarez: The Civic Association?
-= Ms. Lilly: I beg yov.r pardon?
- Mayor Suarez: The Coconut Grove Civic Association?
Ms. Lilly: Right. Civic Club.
129 February 23, 1989
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3.
Mayor Suarez: Civic Club.
Ms. Lilly: Club.
Mayor Suarezs How many people are from tha board bf the Civic Ciub ate iwe
going to hear?
Ma. Lilly: I'm also here as a resident...
Mayor Suarez: Ahhhhh.
Ms. Lilly: ... and lived here 30 years.
Mayor Suarez: I figured that too.
Ms. Lilly: And I have got something very important to say. My family has
lived here for over 30 years and I've brought to each one of you over 500
signatures against this. I want to know how much longer is the City
Commission going to allow Coconut Grove to be raped? We tired of festivals
weekend after weekend, we are tired of zoning, change of zoning variances and
I just want to quote Nancy Reagan in saying, just say no to items P2-11 and
12.
(APPLAUSE)
Mayor Suarez: That was quick. I congratulate you, it was quick.
Mr. Plummer: Mr. Mayor, for her edification and yours, the festival committee
which you appointed to me has its first meeting next Thursday at 11:00 o'clock
in my conference room.
Mayor Suarez: I think we do have somebody from the association too on the
committee, do we not? Did we finally get...
Mr. Plummer: There's a number of them, I believe.
Ms. Shirley Gibson: Members of the board, I'm Shirley Gibson, I'm the owner
of the property addressed as 3315 Charles Avenue. This property has been is
my f amily for four generations. Initially, it was owned by my great
grandmother who came here in 1873 and as a result of that, there are many
black families now who are able to trace their history, their legacy and I'm
fortunate to be one of them. If you grant Mr. Hill permission to change this
land usage to his benefit, it will create many problems and also it will
destroy the historical legacy of many blacks who are just beginning to trace
and research family heritage that have been lost and presumably missing
throughout generations because of a lack of concern by individuals like Mr.
Hill. If Mr. Hill is granted approval to change from low density to
commercial residence, it will destroy the sanctity of the surrounding areas of
the black community and it will also destroy one of the oldest institution in
the world, the family. It will cause a domino effect. I have watched the
Tigertail area go from a residential to a business area. I've been in this
area for 50 years. Therefore, I beseech qou to please deny Mr. Hill's
petition to change this land from low density to commercial residency. Thank
you.
~ (APPLAUSE)
__ Mayor Suarez: Is that it, complete the presentation of objectors? McMasters
lost forever. One more. Green slacks, I mean, sir.
Mr. Dan Adams: Sir, my name is Dan Adams, I live at 4031 E1 Prado Boulevard
and I represent 43 families with the E1 Prado Homeowners Association. We are _
opposed to rezoning the area in question. At the same time, T'd like to
= congratulate Mr. Hill on a fine restaurant, it's my favorite. Thank you.
Mayor Suarez: Get a free meal for that.
~,i
(APPLAUSE)
.~
Mr. Gibbs: Can I ask one thing? Can we have a show of hands and have it -
recorded as to who's here objecting to the petitioa?
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130 .1-abrup:ry .~~, ..1.989
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Mayor Suarez: Well it's a little difficult to record it, but we can certainly
have a show of hands for the Commissioners to....
Mr. Gibbs: Well, maybe Gloria or somebody can count iL and put it on the
record. Would that be all right?
Mayor Suarez: All of those that - yes, we could do that.
Mr. Gibbs: Thank you, Gloria.
Mayor Suarez: All of those that are opposed to the application contained at
11 or 12, raise your hand. Gloria, maybe you could count and we'll put in the
record, at least a rough count.
Mr. Gibbs: I think the ayes have it.
UNIDENTIFIED SPEAKER: It's over a hundred. It's over a hundred.
Mayor Suarez: Are you trying to influence her counting? Just rough, qou
know, I mean, it's not going to...
UNIDENTIFIED SPEAKER: It's over a hundred.
UNIDENTIFIED SPEAKER: They more than thirteen?
Mayor Suarez: Roughly 80 persons and those in favor of the application raise
you hand and hold it.
- UNIDENTIFIED SPEAKER: Take your hand down.
Mayor Suarez: Not necessarily just those that like David Hill and his
restaurant, but I mean...
Mr. Gibbs: How many of them live in Coconut Grove?
- Mrs. Kennedy: Mr. Mayor, let me just ask. Of those who oppose it, do you all
_ live within the 375 foot radius?
UNIDENTIFIED SPEAKERS: Yes.
Mr. Plummer: No, no, no, no, no, no. Be fair, now. No, no, the woman in
3600 Franklin does not live within the 375 feet.
Mayor Suarez: We have a rough count of 24 in favor. OK, anything further
from the opponents and then...
Mr. Gibbs: Yes, from the opponents. If they bring anyone up, we'd like to
have the opportunity to ask where they live and if they live in Coconut Grove.
Mrs. Kennedy: Yes, let's do that too.
Mayor Suarez: Well, you won't have to because we'll ask, but go ahead.
Mr. Gibbs: OK.
Mayor Suarez: And otherwise we'll never end this process here. Do you have
anyone else, Walter, that wants to say anything on this or David or anyone?
And get on with this...
Mrs. Kennedy: Could we ask the same thing, Mr. Mayor, of those who live
within the 375 foot radius who are for this?
Mayor Suarez: State your name, sir, and tell us where you live.
Mr. Gerald Tinker: My name is Gerald Tinker, I've been in Coconut Grove for
38 years. I know Mr. Dave Hill, I think he's done a...
Mayor Suarez: What address? How close to this prop....
Mr. Tinker: 3601 Frow Avenue.
.--.
UNIDENTIFIED SPEAKER: Frow?
Mr. Tinker: Mr. Dave Hill has made himself available to a lot of the civic
activities in Coconut Grove. Number one, Mr. Neal Colzie, who has Pros for
Kids, and I think that Mr. Dave Hill is an asset to Coconut Grove. As far as
this street is concerned, Franklin Avenue, I don't think the traffics going to
change. It has always been an area which you use as a shortcut, I use it as a
shortcut as kid and I still use it ae a shortcut. I think the corner that he
in on, as far as the triangular is concerned, I think it's an asset to Coconut
Grove. When I grew up in Coconut Grove as a little boy coming to that corner
was quite dangerous. It's not as dangerous as it once was so I'm for Mr. Dave
Hill having a rezoning. I understand Mrs. Armbrister and what they're doing,
which I commend, but I have to look at my daughter who's growing up in Coconut
Grove. I think Mrs. Armbrister's kids have gone on to better things in life
and I am in favor of that which is fine but I have to look at my kids. Thank
you.
Mayor Suarez: Thank you for your statement. Anyone else? Please.
Mrs. Armbrister: My children and my grandchildren are here.
Mayor Suarez: Please. I would.. ma'am.
Ms. Elizabeth Clark: My name is Elizabeth Clark, I live at 3267 Franklin
Avenue, that's lot number six, that's right next to the parking lots that are
being discussed. I have owned this property and lived there for the last ten
years. I am in favor of this. I think it needs to be pointed out here that
this particular block of Loquat or - Franklin Avenue, is a law unto itself.
It is near the black Grove, it is not part of the black Grove, it is near the
south Grove, it is not part of the south Grove, it is almost in no man's land.
There are renters there as far as being a neighborhood, it's a very strange
neighborhood. The properties across the street in the Andrade subdivision do
not even face out on Franklin Avenue, they face the other way. Since this
property has been turned into a real estate office...
UNIDENTIFIED SPEAKER: I'm not saying nothing.
Ms. Clark: ... it has upgraded the block, we have had less crime, there's
better lighting, I am in favor of this as a further upgrade of my little
community which is about one block long. Thank you.
(APPLAUSE)
Father John Vaughan: Father John Vaughan, 3455 Royal Road, pastor of St. Hugh
Catholic Church. We own two lots on Franklin Avenue at the north hundred feet
on Franklin Avenue. At the south between Royal and Main Highway, we own 250
feet on Franklin. We own 450 feet on Franklin north of that, north of Royal
Road. I favor the change in zoning because I firmly believe that the pink
house, as it's called here, beautifies the Grove and along Franklin Avenue
we're - between Royal and Main Highway, we're dealing with duplexes and it is
my understanding that the property owners in that section between Royal and
Main Highway favor the change of zoning that Mr. Hill has submitted. Thank
you.
Mayor Suarez: Father.
Ms. Armbrister: Naturally, they favor.
Mayor Suarez: OK, does that complete the presentations? Commissioners.
Mr. Pierce: Mr. Mayor.
Mayor Suarez: Yes, Walter, rebuttal.
Mr. Pierce: Rebuttal, sir.
Mayor Suarez: Well, that was really kind of a rebuttal what you had as your
witnesses, but go ahead and give a concluding argument.
Mr. Pierce: Well, I dust want to point out a couple of statements that were
made by the opposition. First, Mr. Bercow simply made a statement that a
change would be incompatible with the area and that we needed to rezone parcel
132 February 23, 1989
"A" in order to rezone parcel "B". Of course, both of those statements are in
error. As a matter of fact, he doesn't offer anything concrete, factual or
documentary, to support his first statement and as staff has already responded
to you, that his statement about parcel "A" being needed for parcel "B" is in _
error. Mrs. Armbrister made a statement about the Taurus customers parking on
Charles. I mean, I find that a little bit difficult to believe that Mrs.
Armbrister site out there for all the hours that the Taurus is open and checks
to see where whoever parks there, where they patronize in the Grove
considering that the Playhouse is right on the corner, that there are about
half a dozen other restaurants within a few feet of Charles and Main. Mr.
Mayor, you may... but I think we've got that clear, the pink house is legal,
the structure is legal. It's the use that's in question.
Mayor Suarez: It's a nice structure actually.
Mr. Pierce: Right, it's the use that's in question.
Mayor Suarez: I'd kind of like to keep it that way.
Mr. Pierce: Tucker Gibbs made a statement that questioned the compatibility
of - I would assume he was addressing the issue of SPI-2 being extended on the
parking lot and on the triangular parcel - because if he was addressing RO-1
as a district, when he said that it was incompatible, he's wrong. The City's
ordinances clearly state that RO is a residential district. It is clearly
listed, and staff can verify this, and finally I would argue, but I would have
to ask the City Attorney to deal with it, that RO-1/4 is absolutely RO-1 as
well as RO-2, two point two, RO-3 are all residential districts. And that
statement that I gave you from the legislative intent of the RO-1 district,
that RO is intended to be placed in residential areas because of its
compatibility with pure residential.
Ms. Armbrister: I'd like to make one correction that he stated that I said
Charles Avenue, I told you on Royal Road, that's where you park your cars.
Mayor Suarez: All right, Commissioners, anything further? One thing that is
interesting about the City of Miami, if I'm not mistaken, if that very nice
pink house were to be used up to 25 percent of its total space, even though
zoned residential, for a realty business, it could be, right?
UNIDENTIFIED SPEAKER: Tell him the person has to live...
Mr. Gibbs: He has to live there.
Mr. Rodriguez: You could have a home occupation if the person... if you live
there.
Mayor Suarez: OK, if you live there, if you live there. Right.
Mr. Gibbs: Yes, he doesn't.
Mayor Suarez: As an ancillary use to a residence. So, what I'm saying by
this is that we have a more generous, a more liberal zoning code in that cease
than anybody else in this county and...
Mr. Plummer: The problem with that, Mr. Mayor, that is corr...
Mayor Suarez: The problem is you have to live there.
Mr. Plummer: Well, no, that's... there's another problem, OK? And that is,
all of your employees have to be relatives. OK? That's another catch in that
thing...
Mayor Suarez: Well, the idea is that you, yourself, as the one that has the
business, you know...
Mr. Gibbs: No, one non relative can live there.
Mr. Plummer: Eh?
Mr. Pierce: One outside employee, one outsider.
Mr. Plummer: One outside employee.
133 February 23, 1989
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Mr. Gibbs: Yes, one employee.
Mr. Plummer: Yes.
Mayor Suarez: OK, anything further? Co:mmiasioners, anyone motion, move,
help. If nobody does anything, i move to deny the application.
Mr. Plumper: Let me make a comment, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Plummer: And I'll tell you exactly how I feel. On the triangle portion,
there was a real estate office there before. I think, in my estimation, that
which has been placed there now is no more than a real estate office. God
knows that it's an enhancement to that neighborhood. It is something I
think - nobody can argue with it, it is a nice and a pretty structure. I
don't think anybody can argue that. Now, I have no objection to that being a
real estate office. That's my personal opinion. As to the other parcel, I
have some concerns and as I expressed and have continued to express and maybe
this Commission, hopefully, is going to do something about it, my area of
concern is transitional uses. Now, the lady who lives right next door spoke
that she's in favor of it, but it still is not stopping the encroachment or
the domino effect. So I do have mixed feelings about the parking lot so I'm
just giving you my thoughts on the record, I have no problem with rezoning the
real estate office for a real estate office. I think it is a very nice
structure. I still have to have some more thinking to go into the parking lot
situation as it exists. That's my feeling on the matter.
Mr. De Yurre: Well, we have a motion. Do we have a second on that motion?
Mr. Plummer: The motion was to deny?
Mr. De Yurre: Yes.
Mayor Suarez: Let me restate the motion to deny the application in PZ-11.
Mr. Plummer: So that would be to the comp plan.
Mayor Suarez: Right.
Mr. De Yurre: Do we have a second once, second twice, second three times.
Mrs. Kennedy: Let me second the motion and under discussion say that I can't
think, probably, of anyone that I would really like to have in front of this
Commission and grant a favorable vote than David Hill. He's someone who has
always been there in the Grove, not only in the Grove but in the whole
community trying to help any humanitarian cause that we have brought before
him. However, the residents are the ones who live there day in and day out.
This is their neighborhood, this ie their home and we have no choice but to
listen to them.
Mr. De Yurre: Any further discussion?
Mr. Plummer: Well I, just for clarification because this is a new process, is
this item 11 taken in totalT Is the Mayor's motion to deny both parcels or is
it independent?
Mr. Maxwell: No, in total, sir.
Mr. Plummer: It's in total.
Mr. Gibbs: That's right.
Mr. Maxwell: Yes.
Mr. Plummer: So then, after expressing my feelings, I would have to vote
against the motion even though I am in favor of one and not made up my mind on
the other.
Mr. Maxwell: Yes, sir.
134 February 23, 19$9
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Mr. Plummer: OK, thank you.
Mra. Kennedy: Can't we split them up?
Mr. Plummer: No, ha says no, it's in total.
Mr. Dawkins: Where are we?
Mr. Plummer: We're voting on eleven.
Mr. Dawkins: Voting what on eleven?
Mr. De Yurre: Motion to deny.
Mr. Plummer: Motion is to deny the comp plan change.
Mayor Suarez: Rosario seconded it.
Mr. Dawkins: All right, now...
Mr. De Yurre: Do you want to break it down, Mr. Mayor, into dividing the
vote...
Mr. Dawkins: No, hum eh.
Mr. Plummer: You can't.
Mr. De Yurre: ... dividing the triangle from the rest of the...
Mr. Dawkins: No, don't change it, let him be with... like Rosario said, Dave
is a good citizen, Dave no only helps University of Miami football team
etcetera and etcetera, but I ask the City Attorney on what merits can this be
judged and he did not tell me that I could judge it on anybody's civic duties
nor could I deny it because you did not approve of his duties. So, I would
perhaps have to vote with the motion to follow the recommendations of the
Planning Department only.
Mr. Plummer: Call the roll.
Mr. De Yurre: I'll dust state for the record before I call the question that
I go along with what J. L. is suggesting. I think that a real estate office
there wouldn't provide any detriment to the area, it's something that's been
there for many years. I do have a problem with the rest of what is being
requested and I'll be voting against the motion for those reasons.
Mr. Plummer: Let me once again, also on the record, because I didn't get into
it until I find out now how this thing goes. I would only vote for it with
the covenants that have been discussed, of course. I would not vote for it
without the covenants which were to guarantee if, for any reason, that
structure were to be torn down or burned down or whatever, that there would be
any other use could be applied to that- property. Those were the protections
that I think were needed, so obviously we're not going to get to that.
Mr. Dawkins: Well, I could not - I'd be hypocritical, as much as I love Dave,
to vote for it because I have said from day one that black peoples' land
behind the whatever that theater is over there, has been taken. People go in
and buy it and speculate and eventually black people will own nothing over
there.
UNIDENTIFIED SPEAKER: That is very true.
(APPLAUSE)
.
Mr. Dawkins: And I have said over and over, that I get tired of people going
in - this is my personal opinion - and speculating and then come before us and
get a zoning change in order to enhance their property. But that has nothing
to do with how this vote is determined because my personal belief cannot judge
this. I have to judge this on the grounds of what's presented to me so that
if it gets to court, it's defensible or you lose it in court because and
that's all I can say.
Mr. De Yurre: OK, call the question.
,~
135 Fpbr~iary 23, ,194 ;u
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The following motion vas introduced bq Mayor Suarez, Mho moved its
edoption:
MOTION N0. 89-206
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE
GRANTING DAVID AND CHRISTINE HILL'S REQUEST TO CHANGE
THE LAND USE DESIGNATION OF PROPERTY LOCATED AT
APPROXIMATELY 3223-57 FRANKLIN AVENUE AND 3560 MAIN
HIGHWAY FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL/RESIDENTIAL.
Upon being seconded by Commissioner Kennedy, the motion was passefl and
adopted by the following vote:
AY$S: Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I voted no for the reasons so stated.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plu:mner: So that - let me ask the question. Do I understand now that 12
is dead?
Mr. Maxwell: Yes, sir.
Mr. De Yurre: Then it still have to go to a vote?
Mr. Maxwell: No, sir.
Mr. Olmedillo: The motion was to deny - no, excuse me, sir. You voted no to
the motion which was to deny. There were three goes to the motion to deny.
Mr. Plummer:
Mr. De Yurre:
Mayor Suarez:
Mr. Rodriguez:
Mayor Suarez:
Mr. Rodriguez:
No, no, no, no, no, no.
No, there were two no's.
Three.
No, no, no. No, no, na.
Three yeses.
Three yeses.
Mr. Plummer: Don't confuse me with the facts. _. ~.
Mr. Maxwell: So, that kills item 12.
Mr. Pierce: May I try one time, Mr. Plummer?
Hr. Plummer: Huh?
- Mr. Pierce: May I try it one time to confuse you with a fact?
May or Suarez : OK, we're going to go to the morning... I mean, to th9 nos
Planning and Zoning. ''
Ms. Armbrister: Wait a minute.
r:~
Mr. Maxwell: Mr. Chairman, I mean, Mr. Mayor, Mr. Mayor.
~,9b 8oh w~~~- ~~, .~'~89
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Ms. Armbrister: So what did you do?
UNIDENTIFIED SPEAKER: They voted to keep him out.
Mayor Suarezs Yea?
Ms. Armbrister: Keep him out.
Mr. Maxwell: Technically, we should... what should happen at this point is
the Planning Department should withdraw item twelve from the agenda.
Mayor Suarez: We so...
Mr. Pierce: Well, wait a minute, wait a minute, Joe.
Mr. Maxwell: I'm sorry, you cannot consider item twelve at this time so it's
withdrawn from the agenda.
Mr. Pierce: Mr. Mayor, I take exception with Mr. Maxwell on that.
Mayor Suarez: Do you want us to take a vote on item twelve?
Mr. Maxwell: You can do it to keep the record straight, sir, it's not
necessary. You cen vote on it.
Mayor Suarez: Move denial of item twelve so we don't get into an argument as
to whether it's automatically withdrawn or improper at this point.
Mr. De Yurre: We have a secondl
Mr. Plummer: Wait a minute. If we can't vote on it, why are we - if it's a
dead issue, why are we voting on a dead issue?
Mayor Suarez: Because he's saying that he doesn't agree that it's a dead
issue.
Mr. Plummer: Come out to the funeral home, I'll straighten you out.
Mr. Pierce: Mr. Mayor, may I please for ten secondsT The reason I said that
was because the comp plan amendment was for a change to commercial, RO is
listed throughout the ordinance as a residential district.
Mayor Suarez: You're saying it's consistent with the land use designation
residential.
Mr. Pierce: Yes, I'm saying that if you - what you have denied is a comp plan
change to commercial but I don't think that precludes you from granting the
RO-1/4.
Mayor Suarez: OK, well, we may as well take a vote on it but I will say that
if it was consistent with the residential, it wouldn't have the 0 next to it,
you know what I mean?
Mr. Pierce: It wouldn't...
Mayor Suarez: Have the 0 next to it, it would be residential, RS or whatever,
you know, our zoning classifications are.
Mr. Maxwell: We didn't read the ordinance before the vote. We need to read
the ordinance.
Mr. Pierce: T didn't draft the ordinance but that's the way it's listed as
specifically under four, one, point one.
Mayor Suarez: What I'm saying is that a land use designation that is
residential is not be used as an office as far as I'm concerned.
Mr. Pierce: Well, I'm only stating what's in the ordinance, sir.
Mr. Plummer: Well, the vote taken on eleven was illegal anyhow.
Mr. Maxwell: The ordinance wasn't read.
13T Februarq x3, 1Q89
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Mr. Plufnraers The ordinance vas not read.
Mr. Max.aell: The ordinance wasn't read, Mr. Mayor. Need to read the
ordinance and then retake the vote.
THEREUPON, THS CITY ATTORNEY REAb THE PROPOSED ORDINANCE FOR PZ-11 INTO TH8
PUBLIC RECORD, BY TITLE ONLY.
Mayor Suarez: I'm not going to argue why on that point that an ordinance
would have to read even it's about - if, you know, it`s about to be denied
anyhow.
Mr. be Yurre: Call the question.
Mr. Dawkins: Call the roll.
Mayor Suarez: Call the roll. I moved it.
Mr. Plummer: You had to read an ordinance to deny it?
Mr. Maxwell: Yes.
NOTE FOR THE RECORD: AT THIS POINT, THE ROLL WAS CALLED AGAIN ON MOTION 89-
206, WHICH DENIED P2-11.
COMMENTS MADE DURING ROLL CALLS
Mr. Plummer: This is on eleven?
Mrs. Kennedys Right.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Dawkins: Now, on 12, what do we have to do on twelve?
Mr. Maxwell: Do the same thing, re...
Mr. De Yurre: We have a motion.
Mayor Suarez: Let's go ahead and take a vote on 12.
Mr. De Yurre: Do you have a motion?
Mayor Suarez: Do you want to move it?
Mr. Dawkins: What is twelve?
Mayor Suarez: Move to deny the zoning change request changing the zoning
atlas. -
Mr. De Yurre: I'll move it, I'll move it.
Mayor Suarez: Moved and seconded.
y
Mr. De Yurre: Second.
AT THIS POINT, THE CITY ATTORNEY READ INTO THE PUBLIC RECORD THE TITLE OF THE ,~
PROPOSED ORDINANCE, WHICH WAS DENIED BY M-89-207, HEREINBELOW. ~~
,.
Mayor Suarezs Call the roll. We have a motion and a second. -~
- ;.
The following motion was introduced by Vice Mayor De Yurre, who moved ,r~
its adoptions
MOTION N0. 89-207 ~ t
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE tik.
GRANTING REQUEST BY DAVID AND CHRISTINB HILL FOR 4
ZONING ATLAS AMENDMENT AT APPROXIMATELY 3223-57 ~,~:
FRANKLIN AVENUE AND 3560 MAIN HIGHWAY FROM RS-2/2 TO "
8PI-2. ~_ ti
}~
138 Fob~cuary', ~3, 198V
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--
-- -
--- ---
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1
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plununer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: What?
Ms. Hirai: This is on twelve, sir.
Mr. Plummer: Wait a minute, wait a minute, wait. The motion is to deny?
Mr. De Yurre: That's right.
Mr. Plummer: And you voted yes?
Mr. De Yurre: Well, because we got no choice anyway. What the heck. Right?
Mr. Plummer: Well, I'm sorry, I'm going to be consistent, I'm voting no.
Mayor Suarez: I think... he's being consistent with the master plan, you're
being consistent with God knows what.
Mr. Plummer: I'm going to be consistent and vote no.
Mr. De Yurre: I'm trying to be consistent with reality.
Mr. Plummer: This whole damn thing is crazy, I want to tell you something.
We're voting on an issue that we can't vote on, it makes no sense.
Mr. Dawkins: Call the roll, Madam Clerk!
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND 20NING ITEMS TO
RESUME CONSIDERATION OF THE REGULAR AGENDA.
35. A. DISCUSSION BY REPRESENTATIVES OF THE NORTHEAST COMMITTEE OF THE BELLE
MEADE ISLAND HOMEOWNERS ASSOC. - concerning services to said area.
S B. INSTRUCT MANAGER TO SCHEDULE PUBLIC HEARING (March 23, 1989 at 6:00 ,
p.m.) - re proposed moratorium on acceptance of any more applications
p for adult congregate living facilities.
- Mayor Suarez: Coral Gate Homeowners. That is the yellow ribbons, right? OK,
Commissioner Dawkins had wanted to do S-7 and 8. Do we have representatives
here from the Belle Meade and Northeast Committee of the Belle Meade Island
Homeowners Association?
= Mr. Plummer: Seven and eight of the planning and zoning?
Mayor Suarez: No, of the supplementary. It was scheduled for 6:00 also.
Presumably this is a discussion item, not controversial, they want us to
improve and increase services, I'm sure. Go ahead. Trying' to get 'to
-- everything today. Somebody on S-7, please.
Ms. Judy Clark: This is the Northeast, OK.
139 February ~3, 1989 '
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Mayor Suarez: Oh, this is the yellow ribbons.
Ms. Clark: Here's the Northeast.
Mayor Suarez: That's the Bellow ribbons now. Now I got everything figured
out. With an umbrella. Tired. The Northeast umbrella group, that's where
the umbrella comes, OK. I should have known. OK, proceed please.
Ms. Clark: Good evening, Commissioners, my name is Judy Clark. I'm from the
Northeast Umbrella Group. Tonight we have a fairly large group of people who
have managed to be here. I'm sorry that some of you Commissioners were not
able to attend our last large meeting. We had a meeting on February the 16th
in which all of you were invited and Miller was able to attend and so was
Victor. I'm sorry the rest of you missed it. At that meeting, we were over
200 strong. Tonight, we do have an excellent showing, the Northeast Umbrella
Coalition, as you can plainly see, if everybody wants to stand up, raise your
hand, whatever - right, also an excellent turnout tonight. I think you all
have seen the Sable Report which was prepared by Ron Sable who is here with us
tonight and has graciously agreed to read a portion of his report and some of
the information from it. Within the report, you'll see that within the
Northeast, we have had an exceptional number of social services that are
placed in the Northeast. Of all of the social services that are located in
the City of Miami, over 70 percent of them are located in the Northeast
sector. We...
Mr. Plummer: ... define for me what you're referring to as social services.
Ms. Clark: When we talk about social services, we are talking about
everything from ACLFs to work release programs. We actually have prisoners
living in some of our hotels.
Mr. Plummer: OK, but you're not referring to programs that feed...
Ms. Clark: Yes, we are.
Mr. Plummer: You are.
Ms. Clark: We are referring to all social service programs at this point. As
_ I have stated in my letter and we have stated repeatedly to the Commission, we
are a very generous community. However, we are overburdened, we have 70
percent of all of these particular social services.
Mr. Plummer: My dear, I wish you were here five or six years ago when I
fought that fight before this Commission and lost. You know, and I used the
argument at that time, don't tell me that Coral Gables doesn't have problems
with their kids, that E1 Portal doesn't have problems with their kids and why
burden them all into one area. At least we were able to get, as I recall, a
1500 foot distance requirement to try and slow it down. I want to say to you
though, I hope that I'm not hearing from you, that when you talk about feeding
legitimate - I'm not talking about the homeless - but I'm talking about
organizations that feed senior citizens that that's not what you're talking
about or providing medical care for senior citizens.
Mayor Suarez: Oh, the main concern, I think, is...
Mr. Plummer: There is a big difference in my estimation...
Mayor Suarez: Half way houses...
Ms. Clark: Half way houses.
Mr. Plummer: between half way houses, treatment centers, work release
- programs...
Mayor Suarez: Yes.
Mr. Plummer: But when you say social services to, I think moat of the
Commissioners here, as we deal with it, it also includes food programs for the
senior citizens, it includes medical for the senior citizens and I hope, I
hope, that's not what you're here protesting against.
140 February 23, 1989
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Ms. Clark: No.
Mr. Plummer: The other programs, I'm with you 101 percent for the past 8
years but I would have to have some real justification to ever vote against
food and medical for senior citizens. Just on the record.
Ms. Clark: Commissioner Plummer, we all have families. We all have the
elderly either in our families or otherwise.
Mr. Plummer: My dear, the only senior citizen in my family is me.
Ms. Clark: Well, Commissioner Plummer, if you should need feeding or
clothing, you're more than welcome to come to the Northeast.
Mr. Plummer: Your number, please.
Ms. Clark: I'll try to be brief. It is well known that the Northeast sector
- is over burdened with social services. The City's Community Development
- Department has already discontinued consideration of the Northeast for further
placement. Currently, as I understand it, there are no licenses being granted
for ACLFs, alcohol and/or drug treatment centers, homes for abused children,
AIDS treatment centers or similar entities in Lhe northeast. We would like
- this present condition to become permanent. The Northeast formally requests
- that the City of Miami grant a moratorium for any and all social services
placement in the Northeast sector. If you would like exclusions, we would be
happy to consider them. We would further request the support of the City of
Miami in assisting the Northeast Umbrella Group in our efforts to obtain a
- similar moratorium from Dade County, the State of Florida and the Federal
_ government. The Northeast is one of the most beautiful and stately areas in
the City of Miami and Dade County. Our access to the bay and the downtown
areas are among the best in the entire county and our property taxes reflect
- that. A recent study that we have also undertaken shows that over five and
one half million dollars in taxes come from the Northeast sector and that's
from 36th Street north. We have not yet done the research on the remainder of
the Northeast section. We are a caring and generous community but we need to
extend our energies in a more positive manner.
Mayor Suarez: That's 5 percent of our entire real estate revenue.
Ms. Clark: Yes, it is. We want to help ourselves and we want to help others
but we need the time to do that. We need the time to work from within and
time to heal, time to project the image of the wonderful community that we
are. We need your assistance in this. We are the Northeast, Commissioners,
but so are you. We are, in fact, all the Northeast. If you feel that you can
grant this moratorium, we would be more than happy to hear that now.
Mr. Plummer: How long are you asking for?
Ms. Clark: Well, we'd like it for a long time. We would like it forever but
we will settle for a limited amount of time if that's what you wish.
Mr. Plummer: Two days short of eternity, right?
Ms. Clark: Exactly. We definitely need some time. We've got a wonderful
place and we do want to heal it but we need your assistance in doing that.
Mr. Plummer: Let me ask a question. Sergio, was there not a provision in the
~ ordinance which we passed that said that there was a balance that we would not
allow any more of these facilities in that area until other areas had assumed
their obligation in the same manner, in the same percentage?
Mr. Rodriguez: You have a limitation in the ordinance by which you cannot
have, in essence, extract a certain amount of individuals that are being
= served by these facilities. I believe it's 3 percent of the census
And then also you have a radius that you cannot have more than one facility
- within that radius which I believe fs 1875 feet.
Mr. Plummer: OK.
= Mr. Rodriguez: In that - after that, there is a possibility to apply for a
variance that have a sunshine period of a while that expire with two
applications that came before you about two or three months ago after that,
141 February 23, 1989
that variance Mss sunset and you cannot apply for a variance in that
limitation.
!rlr. Plummer: The question still remains and I have to have in my mind, they
Want a moratorium on Mhat1
Mr. Rodriguez: I believe what they Mant to have is a moratorium in not
allowing in the future any applications, I guess, in those areas because
otherwise Mhat you can do is when they come to...
Mr. Plummer: For what?
Mr. Rodriguez: ACLF, adult congregate living facilities.
Mr. Plummer: OK.
Mr. Rodriguezs But I think they have... in their definition, they might be
dealing Mith more than that. Now, the issue...
Mr. Dawkins: Wait a minute, that's a correction now. Hold it. They did not
say when I was listening to them, ACLs in their area. They said they did not
Mant any more in the City of Miami. OK, so now let's don't have people in
other areas of Miami think that this group is trying to shove other off on
them. They said they did not want any in the City of Miami and that meant the
Mhole total City of Miamf.
Mr. Rodriguez: I was reading from the record from the letter that they sent
and they were saying the Northeast formally requests that the City of Miami
grant a moratorium for any and all social services placement in the Northeast
sector.
Mr. Dawkins: Well, see, that's not what they said when I was up there. They
said, no place.
Mr. Rodriguez: That's a separate issue.
Ms. Clark: In the Northeast sector. We are concerned with...
Mayor Suarez: Go ahead and get back on the mike.
Ms. Clark: We are concerned with the overburdening in just our sector. In
other words, of the hundred percent of all social services that are available
in the entire City, 70 percent of them are located in the Northeast. We would
like to stop any more coming in. We feel like we have our share here, in
fact, we have more than our share here. So we would like to just discontinue
it. It's not that we don't want to assist the elderly, we already are.
Mrs. Kennedy: According to your report, 24 percent live in the south and 76
percent...
Ms. Clark: And 75 percent live in our area.
Mrs. Kennedy: Right.
Ms. Clark: That's correct.
Mr. Plummer: Under your pretense, would it be permissible to allow an
organization to feed senior citizens if an application came before this
Commission?
Ms. Clark: I believe that we already have some of those organizations located
there.
Mr. Plummer: That's not my question. My question is, under the matter that
you're proffering to this Commission, if we had an application from a social
agency to feed senior citizens, under your definition, would it be permissible
or not permissible?
_ Ms. Clark: To tell you the truth, all right, this is a problem that we would
_ have to address. In my opinion....
- Mr. Plummer: I got to address it now if you want me to vote.
142 February 23, 1989
_ ~ -
Me. Clark: OK, OK, we're workfng on it. Wait a second. Don't get excited.
Mr. Plummer: Excuse me, for the record, the City Attorney tells ue that we
cannot vote tonight to enforce a moratorium without a public hearing.
Mr. Jorge Fernandez: That is correct.
Mr. Plummer: So we can do it on March...
Mr. Fernandez: Advertised.
Ms. Clark: All right, if we can do it at a later time then, can we determine
precisely what we are talking about?
Mr. Plummer: Exactly.
Ms. Clark: In my opinion, I want to say no, but I don't want to speak for the
entire group until I speak with the entire group. If that's acceptable, we
will let you know. I think it's any and all services because we already have
76 percent of them. Why should you even want... even if it is a particular
issue, why would you want to put it in the Northeast when we already have 76
percent?
Mr. De Yurre: Well, Judy, does that include also day care centers?
Mr. Plummer: That's social agency.
Ms. Clark: Social services.
Mr. De Yurre: You know, because I'd have a problem with that.
Ms. Clark: All right. No, I understand that, you do have a problem with
that. It's a point well taken. We will be very clear since you have to wait
to make your vote, we will be very clear.
Mr. Dawkins: Well, I have a problem. I have a problem with it. Unless you
say the total City of Miami because we, in the City of Miami, are burdened
with social agencies. The City of Miami got alI of the jails, there's not a
jail and not another nothing in but in the City of Miami.
Mr. Plummer: Love it.
Mr. Dawkins: We got all of the half way houses, you name it, in the City of
Miami. So it's time, in my opinion, that Bal Harbour have some, that Key
Biscayne have some...
Mrs. Kennedy: Coral Gables...
(APPLAUSE)
Mr. Dawkins: ... that Coral Gables have some and that's what I mean when I
say, we got enough in the City of Miami.
Ma. Clark: Commissioner Dawkins, if you would like to amend our proposal to
include the whole City of Miami, that' fine with me.
Mr. Plummer: Siltmore Hotel, here we come.
Ms. Clark: So shall we determine precisely what social services we are
exactly, which ones we are discussing?
Mr. Plummer: Well, I just, you know, between now and when we have the public
hearing, I'm just going to go right on the record and tell you up .front that
now that it's expanded and 1 agree with Commissioner Dawkins, OK, that it
should be Citywide, but that even more says to you that if you exclude serving
of food to the elderly and medical treatment to the elderly and I'm sure that
we all agree on day care, you don't have my vote. So be understanding on
that.
Ms. Clark: Then we certainly will. We will take that under advisement also
~; as well as the day care issue. At this time, Ron Sable, who actually preparQd
~,
_' the report that you've all read...
- 143 February 23, 1969
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Mr. Plummer: Can I do this bacause the hour is drawing late, OK, and Ron is a
damn good man on statistics and i knoll his report. But I think rather than
anything else, what Me need to do tonight is to schedule the public hearing
and that's where Ron should make his presentation. OK?
Mr. Dawkins: Second the motion.
Mr. Plummer: I move, Mr. Manager, hello, hello...
Ms. Clark: Yee.
Mr. Plummer: Mr. Manager, can we schedule for March the 3rd or is the agenda
closed? So it would have to be then on the 23rd.
Hs. Clarks March the 23rd?
Mr. Plummer: Mr. Mayor, I make a motion at this time, that we schedule a
public hearing on March the 23rd at 6:00 p.m. for the purposes of a public
hearing in this matter as presented, I so move.
Mrs. Kennedy: Second. Oh, you seconded it, right?
Mayor Suarez: So moved and seconded. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION N0. 89-208
A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE A
PUBLIC HEARING ON MARCH 23, 1989, AT 6:00 P.M., IN
CONNECTION WITH PROPOSED MORATORIUM ON ACCEPTANCE OF
ANY FURTHER APPLICATIONS FOR ADULT CONGREGATE LIVING
FACILITIES THROUGHOUT THE CITY OF MIAMI.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
- NOES: None.
- ABSENT: None.
Mr. Plummer: We'll see you on the 23rd.
`_
~ Ms. Clark: Thank you very much. Since Ron is not going to read his report
right now, I would Like to introduce Dan Richmond who has another services
request for you equally as important.
s-~- Mr. Plummer: Oy vey! My name, air, I am Commissioner Anonymous.
~_
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I know, it was falling aut, that's the problem. Jose Jimenez.
Mr. ban Richmond: Mr. Mayor, Commissioners, I appreciate having this time and
I'll try to be very, very brief. You probably all know what my field is and
that's crime. All across America citizens are joining ranks to take control
back of their neighborhoods from drug dealers and street crooks and
prostitution.
Mr. Plummer: Dan, put your name and address in the record.
Mr. Richmond: I'm sorry, sir. My name is Dan Richmond, I'm from 811 N.E..
80th Street. I am the Citywide crime prevention chairperson for the City of -
Miami, I'm the chairperson for the Northeast Sub-Council, I'm the president of
144 February 23, 19$9
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the Northeast Crime Prevention Association ~thich got six cars from qou a year
ago and I am also the president of the Shore Crest Homeowners Association.
Mr. Dawkins: That need eix more now that run, right?
Mr. Richmond: Yes, sir.
Mr. Dawkins: OK.
_ Mr. Richmond: We'll get to that. The national crime problem has been so out
- of eight that Inside magazine carried as its main article citizens taking back
control of their neighborhoods and, sir, it's time that we do that across our
City as well as this country. One of the major articles here concerns Dade
- County and some of the areas and some of the pictures in here are concerning
our area in the Northeast. We're plagued in the Northeast with crime. Out of
- the six major crime areas last year, Northeast Miami or police sector 20 led
- in four of the six. The only thing we didn't win in was murder and auto
theft. That meant that we had the majority of breakings and entering,
robbery, strong arm robbery and those type of crimes in our area. Many people
complain and complain and complain and sometimes I don't like to be here
because I hear so much complaining, sir. But I believe that if a group of
- people complain and then do something on their own, they have proven that
they're trying to take partnership with you and creating a better City of
Miami. We have, we have taken some things that we thought we could do to help
_ you. We organized block crime watches and we became the largest sub-council
on the City's crime prevention program. A year ago this month, I came before
you and asked you for some old City cars and you were very graciously gave us
those cars. They are ten years old and it requires repair. Before one car
can be put on the street is a thousand dollars worth of insurance. We're
_ talking about money every single night that comes out of our pockets and does
not interfere with what the City is doing, our time, our manpower, our
drivers, the observer that rides and reports the crime, our radio operators,
all of which all the radios we purchased out of our own organizational monies.
This has cost us money and that their time is worth money, but we wanted, this
year, to show you that we were willing to be partners in trying to do
something with the crime in the Northeast and I think we've proved that.
We've become the eyes and ears for the Miami Police Department. Some of our
people are saying that now, now that we're patrolling the neighborhoods, they
- see less and less police. We have some suggestions that you might consider
- and we're asking you to consider because for over a year now we've asked for
- these things. The police sector 20 which is Northeast Miami, Little Haiti,
Edison, part of the design district, sir, is just too large for the six, seven
officers that are assigned there. Their precedent has been set in other
= police sectors to divide those sectors and provide the same number in each of
the sectors they divided into. Sir, what else do you want us to do? We're
patrolling the streets now. Hopefully, we won't become like New York, where
citizens are actually arming themselves, but our people are irate and we've
~ taken that frustration that they have and tried to channel it into good
activities. We're providing many man hours of protection up there. We call
the police, we're there when they're not and they cannot see it. We're asking
for your help. We need a ministation, you know we've been talking about that
for years and years and we also, sir, are asking that you would ask the Miami
Police Department, which grant that we originally operated under, ran out of
money several years ago. So, some of the things from the police have come,
paper, pens, help like that but they don't have money because of their budget.
There are lots of grants available to cities; one recently to various
neighborhoods. We're asking that somehow the Police Department should get
some special funds for citizens groups who are willing to donate their time
and their effort to help you in this crime program. Please help us.
Mr. Plummer: Wait, wait, hold on just a minute, Dan. Mr. Manager - hello -
isn't this his request very typical of the monies that can come from the LEAH
grants or from the Rico confiscated monies? Huh?
Mr. Odio: Yes, sir.
Mr. Plummer: Well, Joe°s over there got a neck ache and he's either saying
- no....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
-' 145 February 23, 1989
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Lt. Joseph Longueira: Commissioner, if in the past this stuff has been
funded, you can't fund it again out of law enforcement trust fund. You can
only fund new programs, OK? That's...
Mr. Plurtuner: So they changed... gait a minute, wait a minute...
Mr. Dawkins: So let's be new and innovative.
Mr. Plummer: So change the name of the program.
Mr. Dawkins: Let's be new and innovative, change the program.
Lt. Longueira: It's not all that simple but we'll try.
Mr. Plummer: How much money you got in that program right now? What's the
balance of the account? About six hundred and some thousand dollars?
Lt. Longueira: No, it's about two million.
Mr. Plummer: About two million dollars. I sure hope you're going to find a
May to help these people. What was the grant they received before?
(APPLAUSE)
Lt. Longueira: Commissioner, if it's...
Mr. Plummer: What was the grant they received before?
Lt. Longueira: I don't know, that was years and years ago. It had to do
with...
Mr. Plummer: Well, all right. Mr. Richmond, what would you say now and I'm
going to prevail upon your reasonableness. What are you looking for in the
way of funds to carry you over from now until October 1? Tell us what you're
looking for.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: That much?
_ Lt. Longueira: Commissioner, I'd like to know if they have asked the Chief of
Police for these funds through a grant through the department.
Mr. Plummer: Now, that's a reason...
Lt. Longueira: I mean, Mr. Richmond works with us all the time. Has he asked
the Chief and been denied?
Mayor Suarez: We're here, we're here to do precisely that, whether he's done
it through the Chief or not, I don't...
Mr. Dawkins: Let's not put the Chief in no position of adversary, OK? We
said, you said it can't be done. Is the consensus of this Commission to be
new and innovative and find a way to do it.
Mr. Plummer: Yea, based on how much.
Mr. Dawkins: Yes, well...
Mr. Plummer: No, no, no, no, no, not well. I mean, you know, are you talking
about $20,000 from now until October?
Mr. Odio: If I may, we'll sit down with him and work out a budget and if you
so agree...
Mr. Plummer: You'll be back on the 3rd?
- 3
- Mr. Odio: Sure. '
Mr. Plummer: That's fine.
Mr. Odio: The agenda on the 3rd is closed.
146 February 23, 1989
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Mr. Dawkins: Mr. Williams...
Mr. Odio: It's in the printer.
Mr. Dawkins: Where is Mr. Ron Williams?
Mr. Odio: March 23rd we can...
Mr. Plummer: That's planning and zoning.
Mayor Suarez: Yes, Nell, today's planning and zoning too.
Mr. Dawkins: Se sure that...
Mayor Suarez: When you finish that, I Nant to...
Hr. Dawkins: Mr. Williams, let Mr. Williams get to the mike, Dan. Mr.
Williams, be sure that when they sit down to work out their needs, that they
have already checked with you and identified six vehicles to replace those and
that the cost of putting them operational is included in whatever we're doing.
(APPLAUSE)
Mr. Dawkins: Such as new tires, batteries, and etcetera.
Mr. Richmond: Commissioner, Mayor, I just got the latest. I told you that
last year we led, I just got the February 7, 1989 crimes by sector and again,
sir, Ne lead in robbery, aggravated assault, burglary. That's what's
happening, but we're putting out an effort and all we're asking here tonight
is that we get some cooperation from you in helping combat crime in the
Northeast. We'll be glad to continue to work....
Mr. Plummer: Sit down and talk it over with him.
Mr. Richmond: Thank you, sir.
Mayor Suarez: Thank you, Dan.
Mr. Plummer: Mr. Mayor, I'd like to ask a question at this time.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mr. Manager, in last year's budget, Ne gave you extra money for
the building department for inspectors. Now, the people of the Northeast have
expressed that it was the intent or hopeful intent that one of those
inspectors could be placed up in the northeast to work with them for these
code violations in particular, end zoning violations in general. Is there any
way that we can express to these people this evening, that that intent which
Ne expressed in the budget hearings can be a reality, because they are
experiencing just like everywhere else, the problem with weekend warriors.
It's amazing what these people in this community can do between Friday night
at 5:00 o'clock and Monday morning at 7:00 o'clock. Now...
Mr. Odio: You have my commitment. By next Friday, not tomorrow, a week from
tomorrow, I have a plan that I want to see if it works, which will create more
than what I have in the budget as far as inspectors are concerned, and I have
discussed this with Commissioner Dawkins and when we have it ready we'll come
back, but we do have two more inspectors we are hiring right away anyway.
Mr. Plummer: Fine, thank you.
~,
Mr. Dawkins: The only thing I find wrong with this is, that I was told, in
fact, we were told when we were up there, and I have seen, we have buildings,
single family buildings that have been changed to triplexes, got three
families in them, and nobody has reported it, or did anything about it.
Ms. Edith Fuentes: We have cases that are now pending in front of the Code
Enforcement Board and they will be at the March 8th Code Enforcement Board..
Mr. Plummer: How many cases? .,
~~~
-. ~~~~._
~*
Ma. Fuentes: Legal businesses and those type of...
Mayor Suarez: How manq is shat he said.
Mr. Dawkins: Many. Many of them, dust say manq.
Ms. Fuentes: Many.
Mr. Dawkins: Don't get yourself caught up in no...
Mr. Plummer: Well, let me tell you the other thing, Mr. Manager, I've thought
- about. Seery time I inquire about how manq cases in front of the Code
Enforcement Board, i am told that they are over-burdened. Nam, is there
anything in the State law that says that we cannot start a second Code
_ Enforcement Board?
Mr. Odio: Well, we've been through that before, if you remember, I think one
of you can reply to that one.
Mr. Fernandez: No, you do have a Code Enforcement Board already. You can
have more meetings.
Mr. Plummer: Can you have more than one Code Enforcement Board? Look, if we
stick with the one...
Mayor Suarez: OK, he is saying... that makes sense what he's saying because
if you have that many more meetings, you may need additional people, so you
have an "A" and a "B" board.
Mr. Plummer: If we stick with one Code Enforcement Board, we'll never get
around to all the code violations and people play that. Is it possible that
we, under the State law can have a second one that hears different cases.
Mr. Fernandez: Let me look into that.
Mr. Plummer: Well, let me know back at the time that you do this report back.
Mr. Fernandez: Right.
Mr. Plummer: Have two Code Enforcement Boards, sure.
Mr. Fernandez: And then divide the nature of the violations to be heard.
Mr. Plummer: Exactly!
Mayor Suarez: Or meeting twice as many times except that the individuals may
not have the ability to meet twice as often is what he is saying.
Mr. Odio: What if you divided the City?
Mr. Plummer: No, I don't want to divide the City, because then it can be said
that there is favoritism or there is ethnic background involvement. I want it
to be a random selection, one board gets one, the next one come along gets the
next one.
Mayor Suarez: That's really... One board with two divisions, or two,
whatever. Two hearing panels, that's the correct term, like the Third
District Court of Appeals.
Mr. Fernandez: Yes.
Mr. Plummer: We don't have one circuit court in this City, we've got 19.
Mayor Suarez: Or any other Court of Appeal.
Mr. Plummer: I think that it would be good that if we could establish °a
second Code Enforcement Board... God knows the money that board is bringing in
is unreal.
Mr. Rodriguez: My understanding is that the Code Enforcement Board takes as
manq cases as are presented to them and theq get sometimes fifty cases.
Magor Suarez: Where is the bottleneck? Where is the bottleneck?
Mr. Rodriguez: I guess it Mill be to follow up in having mots people citing, ;_
qou know zoning inspectors basically, I guess.
Mayor Suarez: Code Enforcement officers, back to Mhat Me Mere talking about
before.
Mr. Rodriguez: We are going through that now, we are going to hire two more
people.
Mayor Suarez: Well, study that, maybe qou do need more panel members and two
separate panels, as Commissioner suggested. _
Mr. Plummer: Well, and I think also qou need the residents in that area, Mho -
know that there are three families living in a single family home to write an
anonymous letter so these inspectors can in fact follow up and get the ball
rolling.
Mrs. Kennedq: It seems to me what they need is more cases.
Mr. Plummer: No, it is not the case. The problem is the deferments.
Magor Suarez: OK, thank you for gout presentation. We're going to...
Mr. Richman: I'd like to introduce Mr. Don Lewis, president of the Belle
Meade Homeowners' Association.
Mr. Don Lewis: Commissioners, I'm Don Lewis, I live at 835 NE 74th Street. I
am president of the Belle Mead Homeowners' Association. I've been asked to _
address qou this evening on a subject that qou are a little ahead of me on,
which is on the Code Enforcement for the entire umbrella committee of the
northeast area. We wish to address this at this time, the lack of strict code
enforcement and current zoning laws, codes and ordinances as they relate to
both residential and commercial areas in the northeast. Our neighborhoods are
threatened by illegally converted single family residences into rooming
houses, studios, apartments, and so on. This cancer is growing at such an -
alarming rate that in some areas, not a single block is unaffected. You ask _
how many? We have a lot. In some cases these multiple family residences have
been promoted by absentee landlords. Our once well established single family
neighborhoods are being turned into a nightmare of low rent housing. Our "
neighborhoods have nearly tripled in density in the last ten gears, due much
to this lack of code enfozcement and these numbers can be verified in your
Miami comprehensive plan. Established residents in our community have fled in
fear as tremendous influx of low income families have moved into these
illegally converted rental units that are most often unmanaged and ill
maintained. Our northeast areas are decaying due to this blight. This leads i
to crime and other problems in the northeast. Noncompliance, specifically -
Commiasioners, with your Chapter 22 of the City Code as it relates to
properties unmanaged and ill maintained, is a serious problem in the
northeast. We the residents of the northeast have become a community
besieged. We look at the list of goals, policies and objectives that are
directly taken from your Comprehensive Plan to maintain a land use pattern
that protects and enhances the quality of life in the City's residential
neighborhood. It is not being done. To foster development and revitalization
of blighted and decaying areas due to this lack of enforcement again of
Chapter 22, we are falling into this area. To protect and conserve the City's
significant natural and coastal resources and its historic and cultural
heritage, again, we have the same problem. Your policies under the
Comprehensive Plan, 1.14, 6, 14, 28, and so on -we've done our research- all
address the same objectives as we do. The neighborhood associations of the
northeast are fed up with it. However, at this time the City has only .one
field inspector for the northeast, from NE 6th to the City limits at 87, and
from I-95 to the bay. How do you think one inspector can enforce all of these
violations? '~
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kJr. Plummer: Let me answer...
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Mr. Plummer: Let me answer that.
Mr. Lewis: OK.
Mr. Plummer: The Manager has just announced to me and will to you that
starting Tuesday, the Fire Department under the expert of Chief Duke will
start inspecting in your area block by block and then move south. That, I
don't think you can ask for a better deal than that.
Mr. Lewis: We're very pleased with that. That's a beginning. That's the
first one we would like to address. In addition to that, we would like you to
look at the motels and the hotels on the boulevard, which are currently
violating not only the City, but the County and the State regulations, and you
only have to look at the beginning to find out what they are violating. Look
at your Section 2037, where it pertains to adult entertainment services, which
clearly stipulates that adult entertainment or service establishments must be
prohibited within 500 feet of any residentially zoned property. But yet, we
have the King Motel at T150 Biscayne. We have the Sinbad Motel at 6150
Biscayne. We have the South Pacific at 62nd and Biscayne and we have the
Saturn Motel at 70th and Biscayne, all of which are within 500 feet of any
residentially zoned property and require licenses to show pornographic and
triple X films, but yet they vividly display signs which advertise triple X
and pornographic films. How are they able to do it? How can they be so bold
as to put it on these signs which directly violate your codes? One inspector,
one inspector, Commissioners, ell of this and more too. The current practice
of assigning one inspector to this area defeats the City's goals and
objectives and we are glad that you are going to do something about it by
establishing this new zoning area. However, we also have some requests that
we would like to present to you. We request that you provide decisions to be
reviewed promptly with your Zoning Department. We ask that you consider long
term decisions to bring back the fine historic neighborhoods to their former
glory. Specifically, we would like, and what we are requesting from you
tonight is an implementation and a reassignment of three field inspectors to
the northeast for an immediate impact on zoning and code enforcement
violations. This is what we need as an immediate impact. Strict enforcement
on vacant property, to be boarded and blocked up rather than be left open for
crack houses and street people's night houses. OK, the hiring of five full
time zoning inspectors for the northeast and thirdly, the hiring of adequate
support clerical staff, to handle the court and related legal properties. In
conclusion, we as a community and the umbrella community and the homeowners'
associations and residents of the northeast, are only asking for enforcement
of what you already have of existing laws in Code Enforcement ordinances and
the manpower to properly handle these things. You've heard our problems,
we've addressed them clearly and we've also provided you some solutions that
we feel that you can address this evening. We take pride in our communities
that maintain the entrance to Biscayne Boulevard and the gateway to Miami. We
want to restore and take pride in our hysteric... historic district and regain
what we have already lost. We're hysteric, I assure you, Commissioner
Plummer. We are hysteric. Now it is incumbent upon you, and we ask what are
you going to do, specifically, to help us. You have a forum here tonight to
make the necessary decisions and we are going to be here tonight and in the
future and we are going to continue to be on the agenda and we are going to
publicly request at this time to be on your agenda next month until we can
restore our communities and find a mutual solution to our problem. Thank you
for your indulgence. I appreciate it.
Mayor Suarez: That I hope concludes the presentation because we've got to get
back to regular agenda and the rest of the Planning and Zoning items.
Mr. Lewis: Commissioner.
Mayor Suarez: What are you here on, Grace?
Ms. Grace Rockerfeller: The boulevard. I'm Grace Rockerfeller, I live at 814
NE 71st Street, Miami, Florida. I'm here, facing a problem we've been facing
for a long, long, time. Mr. Lewis was talking about the motels. You go down
Biscayne Boulevard, you'll count 43 of them. What they serve, they are simply
flophouses for prostitutes, pimps and drug pushers. Biscayne Boulevard at one
time was the pride and joy of the City of Miami, now it ie an absolute
disgrace, because of the lack of attention. What we would like this City
Commission to do is to condemn those motels, pay them the condemnation prices,
150 February 23, 1989
-, .
take them out of there, and go back into shops, redevelop it, go back into
shops, restaurants and office buildings like it used to be and restore that
neighborhood. Everybody living east of Biscayne Boulevard is a slave to that
boulevard. We can't get any place without going on it and you take pour life
in your hands when you do it. And we wish that you would show ua some
attention, we know that you have been redeveloping in many areas of the City
of Miami, but we think this is long overdue and we would ask you to
immediately start on it if you will, and I thank you.
Mr. Plummer: We'll see you on the 23rd.
36. PROPOSED RESTRICTION OF VEHICULAR ACCESS TO SW 28 STREET AND SW 27 LANE
AT EASTERLY SIDE OF INTERSECTION WITH SW 26 AVE.: Discussed and
continued for further information - pending traffic study report -
direct City Manager to request Metro-Dade County to place four-way atop
signs at every intersection along SW 2$ St., SW 217 Lane, & SW 27 -
Terrace from 22 Avenue south to 27 Avenue - instruct City Manager to -
order enforcement of Stop signs (See label 38). --
Mayor Suarez: OK, item 11 from the non-Planning and Zoning agenda. Yes, see
if we get this resolved. "Authorizing and permitting the restriction of
vehicular access to SW 28th Street and SW 27th Lane at the easterly side of
the intersection with SW 26th Avenue on a 90-day trial basis, by constructing
temporary barricades across said street and lane, subject to the City
Commissioners." OK, on item 11, is there someone here on S-8, and if you have
something additional, other than what we have already heard, we'll try to get
to that too.
Mr. Carl Lambert: OK, I am Carl Lambert, 2500 SW 28th Street. As the
Commission will surely recall, we were back here on the 26th on the public
hearing for SW 28th Street. At that time the Commission listened to us,
listened to the citizens complaints and as I understand, the Commission are
pretty much in agreement that SW 28th has a severe traffic problem creating a
lot of danger to the residents. As the Commission was beginning to vote at
that time, we had some objections from SW 27th Lane. Those people feared that
they would get the traffic from our street. At that time the Commission
continued until this meeting so that the people from SW 27th Lane could have a
chance to join with us to get a barricade on their street and we're here
tonight on that. I have citizens from the street. If you wish to hear from
them, I think you should. In anticipating objections from the streets over, I
would ask the Commissioner to consider whether their objections, if there are
objections, should block 28th Street as opposed to 27th Lane.
Mayor Suarez: Jim, do you want to make reference or respond to some of what
he said
Mr. Jim Kay: Right. The item today is for closure of both 28th Street and SW
27th Lane. The Department strongly urges that this resolution not be adopted.
As you can see from this from this aerial photograph right in front of the
podium here, the streets in orange that are already closed and the two in the
light green that are being proposed, this in effect, creates a wall along the
easterly aide of 27th Avenue, and does not allow traffic, for example, at the
northerly end to go some place such as Bird Avenue without having to travel
all the way down to Tigertail. U. S. 1 is at capacity. South Bayshore Drive
is at capacity and Tigertail, I believe... I don't know about Tigertail, but I
believe it is at capacity as well. This only diverts the traffic that could go
through these streets onto those other streets. You are going to hear a lot
of people here tonight, probably, representing both sides. What we would like
to propose, the Department would, would be to meet with the owners north of
28th Street at a separate town meeting to see if we can come up with some
alternative solutions to the problem of high speed traffic or high traffic
volumes by maybe either slowing the speeds down or discouraging the traffic
altogether.
Mr. Plummer: Have you gone and witnessed on Aviation Avenue since the
barricades went up?
Mr. Kay: Oh yes, yes.
151 February 23, 1989
,. --
Mr. Plummer: Have you seen the devious methods that people are using to get
around those barricades?
Mr. Kay: They are moving them, for one thing.
Mr. Plummer: I question when you speak of a slower speed without enforcement.
I'ro talking about a policeman there 15 to 18 hours a day, if the barricades
doesn't slow them down, what in the hell is the lower speed going to do7 I
don't think it is going to do anything. Now, I can tell you I live one block,
as I told you before, off Tigertail. I get the traffic before it starts to
thin out before then. We have four-way stops that people don't even stop for
or slow down. We have 30 miles an hour which is never adhered to, so I am at
a lose to understand your recommendations to put in a slower speed, to put in
four-way stops, it doesn't work) It just doesn't work. Now, you know the
problem we've got, and I'm sorry to burden my brothers downtown, Dixie Highway
is carrying 212 percent of capacity. Tigertail is carrying about 400 percent
of capacity. South Bayshore Drive likewise and the main feeders are just
grid-locked. I mean, they are grid-locked. There is no other way to put it,
yet we go and we complain and we get nothing from the County or the State Road
Department. They are already now telling us they are $100,000,000 in debt.
Something else has got to be tried, to try to protect our residential
neighborhoods and I am once again for the record going to state that my
particular street is one block off of Tigertail and I'm not saddled with the
same as the people who live on Tigertail, but when you take from 17th Avenue
to Aviation, my friends, the Police Department and the radar teams love it.
There is not one car including myself, most likely, that does 30 miles an
hour. It is a raceway. Don't kid yourself. It is no other but a raceway.
People don't even respect the school zones, they honk at me when I go through
there 15 miles an hour to get the hell out of their way. Now, the question I
am saying to you, I love the idea to meet with the people, to try to work out
a compromise, but Jim, if you are saying to me that the answer is stop signs
or reduced speeds, I'm going to tell you, my experience says that you are
wasting your time, their time and my time. Now, if you can come up with some
other better plan, I'd love to hear it. I don't know that the Oregon Plan
would or would not work in that area, OK, but something new is got to be tried
because what we're doing in the past is going to bring the same damn results
that we've had in the past and nobody is happy with those results, so you take
it from there.
Mr. Lambert: If I may interject, you have the barricades on the other
streets that are causing us traffic. If you are going to equally apply the
appropriate resolution, I think you are required to give us our barricade on
28th.
Mr. Plummer: Well, they are not permanent, OK? As I recall, they are what,
90 days?
Mr. Kay: Ninety days, right.
Mr. Plummer: Ninety days and we would restudy it after that.
Mayor Suarez: You are not opposing the barricading of 27th Lane, are you?
Mr. Plummer: No, they want it. I think they are in opposition.
Mayor Suarez: What if we also barricade 27th Lane?
Ms. Celia Catchen: No. Sir.
Mayor Suarez: They don't want that either. OK, well let's hear from you.
Ms. Catchen: We can understand the problems that 28th Street is having
because unfortunately, they are the same problems that everybody in Miami...
Mayor Suarez: Give us your name and address put it into the record please.
Ms. Catchen: Celia Catchen, 2321 SW 27th Tezrace. Everybody in Miami is
having the same problem. We're overcrowded, too many people, too many cars,
too much traffic, crime, OK? - but these are Miami's problems. They are not
problems that exist at 28th Street or any other street.
152
February 23, 1989
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Mayor Suarezc: Yes, some of us can't possibly do anything about it, you knop
Mhy? - because I live on a main artery, so there is no way to close off roads
that Mould solve my problem.
Ms. Catchen: You have to remember, sir, that when you close off a street, you
are not solving any problem, it's just simply shifting the burden to the next
street over and this is not solving anything for anybody. If you close off
the 28th Street and 27th Lane, Me people on 27th Terrace Mill be absolutely
crucified, because there will be no...
Mayor Suarez: OK, Mhere, Jim or Don, or somebody, where's 27th Terrace.
Ma. Catchen: 27th Terrace runs straight through from South Dixie Highway to
22nd Avenue. We Mill for the first time...
Mayor Suarez: No, no, please, somebody show me where 27th Terrace is up
there. That cannot be it, that must be 27th Lane that you showed me.
Ms. Catchen: Just below South Dixie Highway.
Mayor Suarez: OK, it is the next one highest.
Mr. Plummer Yes.
Ma. Catchen: It runs straight through to South Dixie Highway to 22nd Avenue,
and for the first time...
Mayor Suarez: It is almost parallel to South Dixie there for part of it.
Ms. Catchen: We will be the only street in that entire area that will be open
to traffic. Can you imagine what is going to happen to us?
Mr. Plummer: How about if you make that street one way going south?
Ms. Catchen: That just creates further problems.
Mr. Plummer: Sure you can get home.. You just have to come in from 24th
Avenue instead of coming in the other way.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Marlene Kann: Can 28th Street say something?
Ms. Catchen: There are other problems with barricading those streets. For
one thing, we're still living in a democracy. We can't be setting up these
little mini-dictatorships if a street doesn't want to deal with Miami traffic
anymore, hey, we'll secede from the Union. We'll close that street off, .let
everybody else take the brunt of it. That's not fair and that's not right,
you can't solve the problem...
Ms. Kann: Twenty-eighth Street is an unusual circumstance.
Mayor Suarez: Please, please, both sides can speak. Let one at a time.
Ms. Catchen: You can't solve the problem for a few families on one street by
making everybody else suffer for it. We all live in Miami, we have to take
our lumps along with everybody else, and if people find that unbearable and
they can't take it, then they have to move out, they have to move!. This is a
democracy, we cannot set up these little dictatorships all over the City and
make other people suffer for it. There is another item here...
Mayor Suarez: Well, one thing we all agree on that, it's not to contradict
you, is that certain neighborhoods have managed, and certain cities actually,
have managed to avoid having main arteries going through their cities- and I'm
thinking particularly of Coral Gables and if there is ways to devise such as
that, you know, people that don't live in the City at all, maybe will have
to... you know, the grid-lock on U.S. 1 might indicate that we should be
taking Matrorail for all I know, you know. I mean, we ought to try to solve
the problems of all Miamians and that's what I am saying, so there are some
solutions that do tend to solve the problems of everyone who .lives in the
area, and that's what we are trying to find.
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15~ Fsbr~ary ,~~; 199
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Ms. Catchen: OK, there are other problems here.
Mayor Suarez: gven if it might create some additional commuting problems for
people Mho don't live in the City, let them move into Lhe City.
Ms. Marlene Kann: Can Me add something?
Ms. Catchen: There are also businesses on 27th Lane on both sides of 36th
Avenue, and if you barricade 27th Lane, you are cutting off. those businesses.
There is Hobby Dykes Insurance and there is a company on thr. other side, I
don't knoll what it is, but you barricading those businesses, God knows Mhat
Mill happen to them.
Mayor Suarez: How many people are you planning to have speak? - because I am
going have to time limit everybody. Just one more?
Ms. Kanns Well, Me've only had one person so far, theq've had a number of
them.
Mayor Suarez: I am trying to decide how many people are going to speak on
this side. Three?
Ms. Kanns Three.
Mr. Dawkins: And four.
Mayor Suarez: OK, are you finished, Ma'am?
Ms. Catchen: Ho, not by a long May.
Mayor Suarez: Well, finish up, please.
Ms. Catchen: I'm trying to. What about emergency vehicles? I mean, if I
have a heart attack, how long am I going to have to lay there and croak before
the ambulance can work its way through all those damn barricades to get to me?
Or, if it's a house on fire, or somebody has a stroke, how do these people get -_
to us, hoe do we get help? It will take a long time. For every street you
close off you are impeding the flow of traffic. Now, the traffic is bad
enough in Miami, people have to drive somewhere. You are shunting everything
off to a few streets that can't handle it. There is another matter here.
I've been living in my house for 12 years, I've been living in Miami for 25
years. I pay my taxes like everybody else, but when I come home from the
supermarket with my groceries, I've got to go one-half mile out of my way to
get. to my house. I don't like that, I don't think people should be -
inconvenienced in their owe City. I pay for maintenance of the street, and I -
pay for the maintenance of my City. I don't want to have to travel miles out
of my way to get home because somebody wanted to block this street off because
they can't deal with the traffic in Miami. On our street we have a lot of
crime because we are an easy access street. I've been mugged in my driveway.
My next door neighbor was burglarized eight times. My neighbor had her window
smashed, another neighbor had her car stolen. Can you imagine what will
happen to us oa that street if all the other streets are blocked off and Me
are the only street that goes through? What is going to happen to us? We -
will be the only street that goes through, we're going to get the brunt of
everything and everybody in that entire area. I don't think that is fair. -
What about the school buses? What about the trash pickup, what about the
garbage pickup? If all those streets are barricaded, what happens to all
those utilities? What happens to everybody and everything? You know, we
would all like to live on nice private little streets with no outsiders coming
in and a nice thick plexiglass dome over the whole city, nice and safe and
comfortable, but it can't be done, and you can't do it for them and shove ..the
brunt of this over to us and make us suffer doubly, that's isn't fair.
Mayor Suarez: You are getting repetitive. Please finish up, we have to get ti
to... OK, thank you.
~.7-
Ms. Catchen: I'm finished. ;~~
I
Ms. Marlene Kanns My name is Marlene Kann. I live...
Mayor Suarez: Now, I am go~.ag to assume .that that was a ..principal
presentation over here, and we've had the principal presentation: over there;: ~=
154 Fmbruary $3, 1~.$9 _~.
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Ms. Kann: I don't know if I am the principal. I just sent to, you know, I
have lived...
Mayor Suarez: We've had the principal presentation on this side, so from now
on, it is just going to have to be two minutes maximum.
Ms. Kann: My name fa Marlene Kann, I live at 2530 SW 28th Street. I've lived
in Miami for 41 years, I've lived at SW 28th Street 17 years. Our street, if
the Commissioners look at the map, our street is the only direct street
through from 27th Avenue to SW 22nd Avenue, there is no other direct street.
I spent about one-half hour on 27th Lane comparing traffic at various times of
the day. I saw hardly any traffic on 27th Lane. I counted the number of cars
that came down 28th Street. On the day that I counted, which was a weekday,
there must have been, I guess, between 700 and 1,000 cars a day, which is far
more than the 300, I think, for residential streets on a daily basis. SW 28th
Street ie an incredibly dangerous street, it is a heavily trafficked street.
I have had my care hit twice by people coming down that street. One time a
front fender was taken off, another time, my car was parked in my driveway, I
had the back hit. I can't even cross the street without jeopardizing my life.
As Mr. Healy said last time, anyone who crosses... there has been one
fatality, traffic related fatality, that's what he mentioned, because of the
traffic and because of the accidents and hazardous situation that the
residents are involved in living there. I don't feel that any other street,
there is 27th, or certainly 27th Terrace are even comparable. They are not
through streets, you have to weave in and out to go from 27th to 22nd Avenue.
We've had this for years and since the other streets have been blocked off,
we've even had more. Out of all the streets in this area, including the ones
that are blocked off, there is only one street that's direct access that get's
most of the traffic and that's 27th Avenue. We're living under a horrendous
situation... we're never free of... I'm sorry 28th Street. We live in a
horrendous situation, we're in jeopardy constantly whenever we have to cross
the street. We really feel we absolutely need a barricade to protect our
property and our safety.
Mayor Suarez: OK, thank you for your statement. Steve.
Mr. Steve Helfman: Mr. Mayor and members of the Commission, my name is Steve
Helfman. I am here on behalf of Moynahan family who own the property that
I've highlighted in yellow on the map that I just handed out to you. They
strongly object to the closure of 27th Lane for all the reasons that your
staff in their report have set forth. The Police Department the Fire
Department, all of our professional staffs recommended against these road
closures. Let me give you an example of what would happen here if you closed
this street. My clients own an RO property there. They have a parking lot
and an accounting type business on the property. If you close the street,
what you are going to do is you are going to cause all of the traffic to up to
U. S. 1 and then come back through the residential neighborhoods to get to
their property. It would defeat the purpose of closing the road. What is
going to happen is anybody that wants to park at this facility, or use these
offices, they are going to have to go up to U. S. 1 because they can't go down
28th, go north on U.S. 1, come back down south and go through the residential
neighborhood to get to these sites, exactly what you want to try to avoid. If
you decide to close the road, please close the road at that zoning district
line so that you don't end up causing all the traffic to come into the
neighborhood to get to the businesses at the end of the street. Thank you
very much.
Mayor Suarez: Is that what you indicated on here?
Mr. Helfman: Yes, the green line indicates if you close the road where it
should be closed in order to avoid all that traffic.
Mayor Suarez: OK, anyone else? Go ahead, sir.
Mr. Bob Burn: My name is Bob Burn, I live on 27th Lane. I'm in favor of the
closure of both 28th and 27th and the reason being that first of all, the fact
that there is too much traffic on 28th has already been discussed, and that's
absolutely true. 27th Lane then would be the burdened road when 28th Street
is closed. That's going to be a problem for a lot of people, but I think, ypu
know, you have to make sacrifices and I think for myself that it would ba a
minor sacrifice to have to drive a couple of blocks out of the way to preserve
155 February 23, 1989
the residential neighborhood, and you know, as many people have mentioned, we
are not trying to isolate the neighborhood, we are just simply trying to
maintain a residentiai neighborhood from being overwhelmed by traffic that is
encroaching our neighborhood. The crime is a problem, I think by blocking the
streets you are going to get a lot less traffic going through that is the
source of this crime and if the closure is only for a 90 day period, then if
it is totally unacceptable, the thing can be changed, but I think we ought to
give it a shot as a neighborhood. Thank you.
Mayor Suarez: OK, thank you for your statement.
Ms. Sally Baron: My name is Sally Baron, I live at 2470 SW 27th Terrace where
I've lived for the past nine years. During that time, we've had two office
buildings go up across the street from us. We have a tremendous parking
problem, parking on both sides of the street, which restricts access as it is
on that street and trying to get out of your driveway and see around the cars,
etc. is a real problem. We have recently seen somewhat of an increase in
local traffic because of the barricades that are now in place. We feel that
once the two proposed barricades went into place and the traffic is shunted up
26th Avenue to U. S. 1, the next logical place that they find to get into that
neighborhood or get through to 22nd Avenue is our street, SW 27th Terrace. We
realize we all have a problem in that area, but we want to live there and we
seed some kind of a solution. If it is enforcement, please, chew on somebody's
sar, help us get some enforcement in there. I have a study here, the Seattle
Neighborhood Traffic Control program. They talked somewhat about diverters
and barricades. Their first guideline is, don't put a barricade, diverter,
anyplace where it is going to reroute traffic into another residential street.
They have had a tenfold decrease in traffic accidents in areas where they have
used these traffic circles simply because you have to slow up to get around
them. They can't go over the top and in order to get around them, you must
slow down. We are simply asking and I have a graphic that shows people that
we've spoken with and red indicates the number of people on our street that
signed a letter that you have received saying please, don't forget us. Don't
do anything that is going to make it worse for us. Work with us all. Try
something that will solve all the problems, not something that is just going
to shift into us. The reds indicate those people that signed our petition,
the black are properties where there is no existing residence, an empty lot,
or else the residence faces the opposite street and the yellow were people
that we could not get in contact with. I actually got to color in another one
tonight. The red represents over 75 percent of the residents on our street
and it is 100 percent of the people we've talked to who have addresses an 27th
Terrace. We need your help. We want to live there. We don't want to be
rezoned. Please don't push the traffic in our direction. One last thing, it
is my understanding from talking to Mr. Kay and other people at Public Works,
even if you say OK, we'll barricade you all, which I personally don't want,
the State isn't going to allow it, that's a federal highway out there. That's
more or less a safety valve for getting off the highway. It's the one place
you can get off the highway and not have to slow down to make a 90 degree
turn. They are not likely to allow it, so that's not an option.
Mayor Suarez: OK, thank you for your statement. We of course will be
concerned about any legal implications of anything we do, vis-a-vis the
federal government, state government.
Mr. David Altshuler: My name is David Altshuler, I've lived in this
neighborhood for 32 years.
Mayor Suarez: Related to Thelma?
Mr. Altshuler: Yes. I'm at 2220 SW 28th Street and I'm very sensitive to
concerns of my neighbors. I've lived here all my life and I feel like it is a
neighborhood. I used to deliver your papers, half of you in 1968 when I was
12, I'd be very interested and I'm sure we all would in our street, in any
kind of meeting, in an kind of overall plan that incorporates all these ideas,
and it makes sense for all of us. For the time being, we are not talking
about an issue of convenience. We are not talking about an issue of driving a
couple extra blocks. We are talking about safety. I won't bore you with
statistics about broken windshields, Burger King wrappers and beer bottles and
chains stolen out of cars and Mrs. Gearing, next door, who has lived there
since 1941, who has been burglarized. Right now, we are willing to do
anything you like in terms of an overall plan, but for the time being, we just
ask that our street be barricaded. We've got, as you say, Commissioner
156 February 23, 1989
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Plummer, young people driving down there at 50 miles an hour, they don't even
slow up for that stop sign, let alone stop. It's the only straight shot off
of U.S. 1. People come off the highway, they whizz by my house, they turn
left and they get back on the highway ao they can avoid some of the rush hour
traffic. We are not asking for a great deal. Give us a barricade please, for
90 days like you said you would and let's take the next step from there, and
in the meantime, whatever we can do to be supportive of our neighbors, we will
do so that we can have a unified plan. For the time being, it is not
convenience, help us with our safety. Remember by dog Thurber? He's a 12 year
old Labrador. Give him a street to walk on. Thank you for your attention.
Mr. Plummer: Do you remember my daughter that you tutored?
Mr. Altshuler: I do.
Mr. Plummer: She's straight A at Dade Junior.
Mr. Altshuler: Thank you for the tribute.
Mr. De Yurre: Mr. Mayor, let me ask a question first. From the department,
do we have any numbers on the impact that the barricades that are on Aviation,
the impact they have caused on 28th Street?
Mr. Kay: No, we haven't made any more traffic counts since the installation
of the barricades. It's been in a state of f lux with Aviation and now this
area up here, 28th Street and 27th Lane and...
Mr. De Yurre: Do you have any idea what the traffic flow was before the
barricades were put up on 28th?
Mr. Kay: I have that right here, yes. SW 28th Street carries 925 vehicles
per day in the east bound direction and 803 vehicles per day in the west bound
direction.
Mr. De Yurre: And that was before the barricades were put up?
Mr. Kay: That was before the barricades were put up along Aviation.
Mr. Plummer: Now let me use the comparison, Victor. Tigertail and Halisee
was carrying 3,000 a day.
Mr. De Yurre: What I would like to know is, what impact those barricades have
had on 28th Street. How soon can you do a study on that?
Mr. Kay: We can request Dade County to do another traffic count right away.
Mr. De Yurre: How long will it take?
Mr. Kay: They can probably do it in maybe a couple of weeks.
Mr. De Yurre: Because the thing is that you start closing off and closing off
'.^ and closing off, there comes a point in time we'd have to rent helicopters to
r get into our homes and I bet you that the burden on 28th Street is a lot
greater now than it used to be before the barricades went up along Aviation
and I think we have to find out exactly what impact those barricades are
having on 28th Street and then if we close off 28th Street, what impact it is
L' going to have on 27th Lane and so on and so forth and I would like to see a
~', study on 28th Street to make a comparison as to before and after.
Mr. Kay: Well, that was one of the reasons too, why we didn't want to close
28th Street and also 27th Lane, so that we could have an opportunity to
evaluate what's been done down on Aviation and 27th Avenue.
i
Mr. De Yurre: Yes, well how long have we had those closed off already?
i Mr. Kay: They have been closed since some time the latter part of January.
j Mr. De Yurre: Wall, only?
Mr. Kay: Mid January.
Mr. De Yurre: On Aviation?
157
February 23, 1989
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Mr. Kay: On Aviation. There sere eight intersections that caste closed there,
or eight barricades that were installed.
Mr. De Yurre: That's over a month. I'd like to get some figures, because it
is not fair for them on 28th Street to bear the brunt of the, or what is being
alleviated along Aviation and then by the same token it is not going to be
fair for them to pick up the slack and bear the brunt of that, so I'd like to
have some numbers. Maybe you know, it is just not doable period, and then
again, maybe it is. Then again, maybe it is, so... but I have to have some
numbers that I can look at so I can make an intelligent decision. So do you
think by March 23rd we can have numbers?
Mr. Kay: I think we should have numbers by March 23rd, yes.
Mayor Suarez: OK, we are going to wrap this up, one more presentation pez.
Mr. Joseph P. Calay: One more?
Mayor Suarez: Two more presentations per, and that's it.
Mr. Calay: Two more? We've been here since 4:30 p.m.
Mr. Plummer: We've been here since 9:00 a.m.
Mr. Calay: I understand that. You get $5,000 a year.
Mr. Plummer: Booooooy!
Mayor Suarez: You get six minutes, three presentations of two minutes, and
the same on the other side and we are going to try to still get to items 12
and 13 .
Mr. Calay: I wanted to address the Yice Mayor's questions your Honor.
Mayor Suarez: Please.
Mr. Calay: Vice Mayor De Yurre, I think you could resolve very quickly the
number of people who live in the neighborhood, who are now forced to ride on
28th Street, all right, and I personally I live there, I live at the corner of
Aviation and Swanson, Joseph P. Calay, 2985 Aviation Avenue. The record knows
my voice and my house, my boat's on Swanson and my house is on Aviation and I
have to think when I am going fishing whether I put gas in first or get the
boat, but the real issue is, that moat of us people who live off Aviation have
to go up 28th Street to get there and we are glad to go beyond 28th Street.
The problem on 28th Street and 27th Lane is when you are north bound on 27th
Avenue in the a.m., and it is blocked up, you dock off east on 26th Street.
If you run into trouble there, you head north and go down 27th Lane. The
people on 27th Street do not and cannot get that traffic coming off of 27th
Avenue trying to make the right hand movement onto U.S. 1. Now, I know I am
grateful to the Commission f or closing streets along Aviation Avenue. I see
people in the streets, I see kids on their skateboards, I see people walking
down the street that were not there because they weren't crazy. Thep totaled
two care in front of my house coming north on Aviation. I think the people on
27th Terrace, who are concerned about that traffic, close it off. What we
need to do is the traffic light that's the children's school crossing, that's
away from town off of 24th Avenue, if that were moved to 24th Avenue, then the
people who live in the neighborhood who want to get out, have to get out, need
to get out, to pay the taxes, which are very low in the City of Miami for the
wonderful Commission Chambers and services we get from our entire Commission
and our public servants, and if it is not true, move, and if it is true, stay,
just move that traffic light and the problem is solved. Thank you very much,
Mayor.
Mayor Suarez: Thank you. That was very quick. Quick, two minutes.
Ma. Harriet Fox: OK, I will try to be brief. My name is Harriet Fox. I'm at.
2440 SW 27th Lane. One of the reasons that I purchased a home in the area
that I did was because it had wonderful access to all points in the City,
north, south, east, or west and now I can go north and east very easily,
South and west continues to be a problem and it's becoming even worse. The
barriers, this is a slightly aside issue, I came down Aviation to get here,
158 Fdbruary 23, 1989 1
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this evening, the barriers on Aviation are badlq marked up with some racial
graffiti which I find to ba verq distressing in our Citq. I wss told that it
would coat $7.S0 afoot to clean it up with the proper tape and the reflective
stuff you have to put on the barriers to keep them safe at night. I think it
is a shame to have some additional public places to put graffiti which will
continue to divide this City rather than bring it together and barriers bq
definition are divisive and exclusive and this Citq really can do with fewer
rather than more barriers. As far as traffic on Tigertail, more barriers will
worsen the problem an Tigertail and part of the reason that the traffic got so
bad, in mq opinion was all of the barriers that did go up on Aviation and off
of 27th Avenue. I have a question which is when and if the closures do become
permanent, who is going to bear the cost of $7,500 per barrier? - not only the
eight or ten that have already been put up, but the possible two, or however
many we are talking about going forward. That is of concern to mgself and the
neighborhood. And one other item that maq help, as an alternative, is
additional police presence in the area during rush hour to enforce a lowered
speed zone, to enforce the stop signs. I know that Baq Hefghts did that for a
while, and I haven't heard lately that they are still having traffic problems,
so that is an alternative to barriers and I'd like them all taken down.
Mayor Suarez: Thank qou for your statement. Quickly.
Mr. Jerry Stankevich: Yes, my name is Jerry Stankevich, I live at 2505 SW
28th Street. I wanted to ask one question about the study that is going to be
done. There is a level cited as the traffic going east and the traffic going
west. What is an acceptable level for a street that size? What is this study
going to do? For two weeks you are going to put us at risk to find out what
the level is? And what is an acceptable levell
Mr. Kay: Somewhere between 400 and 500 is probably good for most of the
streets in Coconut Grove. That street is a little bit wider and has...
Mayor Suarez: Per what, please?
Mr. Kay: 400 or 500 cars per day.
Mayor Suarez: Thank you.
Mr. Stankevich: Now my question is, we are already at twice that level and
there is a request made, well, let's go another two or three weeks at that
unsafe level. I just feel very concerned about it, and that's without the
extra traffic, since the barricades have been put up, so one, I question
waiting for the temporary barricades.
Mayor Suarez: Well you know, any street has a potential on any one day to
have a totally unacceptable level and dangerous, qou know, if everybody
chooses to take it that particular day. There are no restrictions on that.
By testing it, we at least do something on a temporary basis to be able to
make a decision on a permanent basis and we have more information. It is not
to imply that it is going to be automatically dangerous. You know, we've
heard everybody now, I'm just trying to make a quick statement here, and I get
interrupted. Anyhow, are you finished, sir?
Mr. Stankevich: No, for one, I am just questioning why we have to put that
risk for another several weeks to get the data when we already know... well, I
can't say we already know. I am a statistician by trade, and I would, my
professional opinion is that it is at the level of 900 or better. I think I
estimated about 1,200. The other issue is people keep saying, it's going to
take me an extra couple minutes. I'm telling you, when I tried to help a
blind lady across the street and have someone blast a horn at me because they
were trying to get around me and I've had people throw bottles while I am
standing out there! It is not an issue of convenience. It is an issue of
safety. So again, I don't know where this convenience is coming from. I'll
drive the extra minute, the extra two minutes, it doesn't take that much time.
Mayor Suarez: Next to the last on this side. One more on this side, we're
finished. We'll try to get to one more issue tonight, hopefully.
Ms. Maria Cristina Barrios: Thank you. My name is Maria Cristina Barrios, I
live at 2450 SW 27th Lane. The first time that this issue came up, I came up
here very concerned about the burden of traffic that was going to flow onto
27th Lane by closing 28th Street, and I became more alarmed when I heard staff
159 February 23, 1989
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report that evening make mention of the fact that they were opposing the
closing of 28th Street because of many reasons including input from the Fire
Department, the Police Department and Public Works as to the unsafety factor
in closing 28th Street. Yet, that evening we left here with 27th Lane being
thrown in for good measure to be considered to be also closed, which makes it
in my mind seems to be doubly dangerous from the point of view of the Fire
Department, the Police Department and Public Works, I would presume. I am
very, very opposed to the closing of my street, 27th Lane. I was opposed to
the closing of 28th Street and I continue to be. I think that as good
neighbors we should share the burden of the traffic. I am very concerned
about trash trucks backing up on 27th Lane. I am concerned about my son's
school bus having to back up on 27th Lane when he's dropped off in the
afternoon and how it affects me and my neighbors on all the streets on 27th
Terrace, on 27th Lane and on 28th Street. Although I live on 27th Lane,
because we were limited to speakers, my neighbors from 27th Terrace asked me
to point out that you have packages with 53 signatures of residents of 27th
Terrace that opposed the closing.
Mayor Suarez: Yes, 27th Terrace would clearly be the street moat affected. I
don't think there is any doubt about that.
Ms. Barrios: 27th Lane.
Mayor Suarez: No, Terrace, if you closed both 27th Lane and 28th Street.
Ms. Barrios: If you did close both. I would like to request that if this
issue is going to come back, based on Commissioner De Yurre's recommendation
that he would like to see a study, that we may have a little bit more details
from maybe the Police and the Fire Department as to their opinions and why
they are opposing the closing of both streets.
Mayor Suarez: They opposed routinely every single closing of any street
because it does make it a little bit more difficult for the vehicles...
Ma. Barrios: But I am sure they don't do it for a hobby, I am sure there is
some reason.
Mayor Suarez: No, no, but I mean they do it if it is one, or five or ten or
whatever. I haven't had one time that I think they've supported. Last
statement and we finished. OK, Commissioners, what's your pleasure? Any
suggestions, ideas, proposals, initiatives, or are we just going to cancel the
day for lack of interest? Yes.
Mr. De Yurre: I need to get that information, as far as I'm concerned. And
if I am going to make a decision it has to be an intelligent one and I would
need to know what the numbers are, because I'm looking not just at 28th
Street, I'm look at the whole concept and I think it is important that we know
just how far we can go as far as numbers are concerned, and I think we have to
deal this. It is pretty innovative what we are trying to pull in Coconut
Grove, and yet, because of that I cannot feel comfortable voting yea or nay
without having the backup information that I need to have, before I am ready
to vote on that, I would need to have those numbers.
Mayor Suarez: Are you going to defer it7
Mr. De Yurre: Well, that's my opinion, that there is...
Mrs. Kennedy: Do we need a oration or...?
Mr. De Yurre: If you are all ready to vote on it, that's fine, I'll just have
to vote no.
Mrs. Kennedy: I think a study makes a lot of sense. I think it is very
difficult for the local residents to get in and out of their streets to go to
the basic things like the pet store and the laundry and the supermarket and so
forth, but I really would also like to see the numbers on it, if that's the
motion.
Mr. Plummer: I can vote for the study if we tonight vote on 28th Street at
every intersection they become four-way stops, immediately.
(APPLAUSE)
160 February 2~, 1989.
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Mr. Plummer: Now, whoa, whoa, that's not to say that I won't vote differently
when the study comps about, but I am concerned about the man who said what the
hell are we going to do for the next two weeks, or four weeks until the study
is over with. Now, if i can amend your motion that on 28th Street that each
and every intersection, because right now only 24th Avenue has the four-way
stop, come...
Unidentified Speaker: 27th Lane.
Unidentified Speaker: 27th Lane also.
Mr. Plummers I have no problem with that, but with also the assurance of the
Administration, the Administration will assure us that there will be a
positive enforcement of the four-way stops. I would assume that we could take
care of it on 28th Street, 27th Lane, and 27th Terrace. Now that, I'll vote
for the study to come back in 30 days if there will be amended for the~four-
way stops from 22nd Avenue south with the assurance of the Administration
they'll enforce it.
Mr. De Yurre: Well, I would accept the amendment provided that the stops are
not put in place until the study is done, because that will... -
Mr. Plutmner: No, I can't accept that, Victor. You know, the stops are not
blocking anybody. All they are effectively doing is slowing them down, if
they'll slow down, so I say, it is going to take them, you know, the way the
County operates, it is going to be two weeks before they get them in anyhow at
best, so you are talking about two weeks after that. If the study reveals
they are not worth a damn, we'll take them down and do something else, but
between now and when the study comes back, let's try and slow it down, because
I... Jim, I'm going to ask you, Jack Luft just told me something that I find
hard to believe, but Jack's an honest man. He tells me that at 19th Avenue,
Natoma and Tigertail is carrying 8,300 cars a day! Now, I want your
department to recommend to this Commission, should we leave the race track
open from 17th Avenue to Aviation, or should there be some slowing down
procedures on Tigertail, OK? Victor, you know, if you can't put in the four-
way stops, I have to vote against the motion.
Mayor Suarez: Wait, wait, we are going to solve it, hopefully.
Mr. De Yurze: Hold it now, you tell me it is going to take a couple of weeks
to put the signs in?
Mr. Kay: I'm not telling you that we will go to the County tomorrow to
request the four-way stops on 28th Street...
Mr. De Yurre: OK, how about the study?
Mr. Kay: I cannot guarantee you how soon they'll put them in. I know we made
this request once before to put the four-way stops at every intersection
between 22nd and 27th Avenue. They responded by putting them in that Calusa,
ie it? - 24th Avenue only, so they have done a study on it already.
Mr. De Yurre: Well, what about... how long will that study take as far as the
numbers are concerned?
~' Mr. Kay: The numbers? I think that would maybe be about a couple of weeks.
Mr. De Yurre: OK, I'll accept that. It will be around the same period of
time.
Mr. Plummer: All right, under discussion, Mr. Mayor, you know really, in
fact, we are really spinning our wheels. The real truth of the matter is that
all of you people including us, ought to be down to the State Highway Road
Department, Dade County Road Department and say, hey, enough! They're
spending money out in the County hand over foot to improve roads and make
roads and make bigger roads, but damn it, they haven't spent a dime, in my
estimation anywhere in the City, and I'll tell you, to me it is absolutely
horrible when they get every dollar they get in County taxes, 27 cents of it
comes from us, the City taxpayers, and we are being penalized to live in the
City and it is wrong! ~'
lbl February 23, 19$9 r
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Ma~-br Suarezs We have a (notion and a second. Cali the roll.
The ~oliowing :notion Mss introduced by Commissioner be Yurte, r"hb f6bvea
its adoptions
MOTION N0. 89-209
A MOTION TO CONTINUE, FOR FURTHER INFORMATION (PENDING
TRAFFIC STUDY REPORT), PROPOSED RESTRICTION OF
VEHICULAR ACCESS TO S.W. 28TH STREET AND S.W. 27TH
LANE AT EASTERLY SIDE OF THEIR INTERSECTION WITH S.W.
26TH AVENUH; FURTHER SETTING SAID PUBLIC HEARING TO
TAKE PLACE ON MARCH 23, 1989 IN THE CITY COMMISSION
CHAMBERS AT 6:00 P.M.; FURTHER INSTRUCTING THE CITY
MANAGER TO REQUEST METROPOLITAN DADE COUNTY TO PLACE
FOUR-WAY STOP SIGNS AT EVERY INTERSECTION ALONG S. W.
28TH STREET, S.W. 27TH LANE AND S.W. 27TH TERRACE FROM
22ND AVENUE SOUTH TO 27TH AVENUE; AND FURTHER
INSTRUCTING THE MANAGER TO ORDER THE ENFORCEMENT OF
SAID STOP SIGNS UNTIL FINAL RESOLUTION OF THIS ISSUE.
Upon being seconded by Commissioner Plummer, the motion Mae passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: The motion was to defer action on this street blockage pending
the study and installation of stop signs. Did we finally say 28th Street and
27th Lane?
Mrs. Kennedy: Both.
Mayor Suarez: Both.
Mr. Plummer: Yes, both.
37. SWIMMING POOL AT WILLIAMS PARK: Discussion. (See label 39).
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I have a pocket item here that ae need to do. The Manager said
that we said to spend $8,300,000 and they Mant to do a repair on Williams Pool
to have it ready for the summer and it is going to coat under $100,000 and I
would move that we...
Mrs. Kennedy: Second.
Mr. Dawkins: ... order the Manger to do this.
Mayor Suarez: Moved and seconded.
AT THIS POINT, THIS ITEM IS MOMENTARILY INTERRUPTED.
'lb~
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38. (Continued discussion) PROPOSED RESTRICTION OF VEHICULAR ACCESS TO 5W 28
STRBET A SW 27 LANE AT EASTERLY SIDE OF INTERSECTION WITH SW 26TH
AVENUE. (See label 36).
Mayor Suarez: Everybody is aware of what...
Mr. Carl Lambert: We don't understand what the motion is.
Mayor Suarez: The motion is to defer action on the request for street
permanent, or temporary street closures pending the study to be done on
traffic patterns on both streets and at the same time, request installation of
four-way stop signs on all streets, I mean on all intersections on 28th Street
and 27th Lane. I presume it means from that one perpendicular street, avenue,
there, to 27th Avenue.
Ms. Maria Criatina Barrios: Do we come back on the 23rd, or is that date open
and we'll be notified?
Mayor Suarez: I guess we will have to notify, you know, it will have to be...
Mr. Rodriguez: If you establish the 23rd at 6:00 o'clock, or whatever time
you want to, that...
Mayor Suarez: OK, do you think you will definitely have it already by then,
right, the 23rd? OK, so the item will in effect be continued, not just
deferred, but continued until March 23rd, pending that study.
Mr. Rodriguez: 6:00 p.m.
Ms. Barrios: Thank you.
Mr. Lambert: I hope nobody gets run over while they are doing their study.
Mayor Suarez: I hope nobody gets runs over at all.
39. (Continued discussion) SWIMMING POOL AT WILLIAMS PARK: .Allocate $10,000
for repairs (See label 37).
Mr. Dawkins: I had a second on this motion.
Mayor Suarez: Oh yes, go ahead, please, on that motion.
Mr. Dawkins: OK.
Mr. Plummer: Which item?
Mr. Fernandez: It is a pocket item.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION N0. 89-210
A MOTION DIRECTING THE CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $100,000 TO HAVE THE SWIMMING
POOL AT WILLIAMS PARK (LOCATED AT 1717 N.W. 5 AVENUE)
REPAIRED PRIOR TO THE SUMMER OF 1989.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
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AY'g5: Go~emiaeioner J. L. Piuioteer, .?r.
Co~omiaaioner Rosario Kannedy
Co[dmiraioner Milier J. baMkins
Y'ice Mayor Vietor bs Yurre
Mayor 7tavier L. Suarez
NOR5: None.
ABSSNT: None.
NOTE FOA Ttffi RECORD: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY bEFERS CONSIDERATION OF REGULAR AGENDA ITSMS TO
CONSIDER ITEMS ON THE PLANNING AND ZONING AGENDA.
40. SECOND READING ORDINANCE: Amend zoning ordinance - Article 15-SPI -
SIGNS USES AND LIMITATIONS
Mr. De Yurre: Mr. Mayor, I'd like to move number 13. It's a second reading.
Mayor Suarez: Are qou talking about PZ-13, or 13? '''_
Mr. Dawkins: Second. ~~-
Mr. De Yurre: PZ-13.
Mayor Suarez: Moved and seconded, PZ-13. Was anyone here that...
Mr. Fernandez: PZ-13 or regular 13?
Mayor Suarez: PZ-13. In favor or against?
Mr. De Yurre: OK. `*
~,.
Mayor Suarez: Is there anyone here against PZ-13? OK, you have a problem. `
with it, J.L.?
~,
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Mr. Plummer: Wait a minute, I'll tell you. ~
Mr. Fernandez: It is an ordinance.
Mr. Plummer: Is this the sign ordinance?
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Mr. That's right. ~_~;
~~-
Mr. De Yurre: You moved it last time. -
Mayor Suarez: It's a second reading.
Mr. Fernandez: It's a second reading.
Mayor Suarez: Call the roll.
Mr. Fernandez: No, it has to be read.
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AN bRDINANCE -
AN ORDINANCB AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING: ARTICLE 15-SPI SPECIAL PUBLIC INTEREST
DISTRICTS, SECTION 1560 SPI-6 CENTRAL COMMERCIAL
RESIDENTIAL DISTRICT, SECTION 1569 LIMITATIONS ON
SIGNS; SECTION 1570 SPI-7 BRICKELL-MIAMI RIVER RAPID
TRANSIT COMMERCIAL RESIDENTIAL DISTRICT SECTION 1579
LIMITATIONS ON SIGNS TO MAKE SAID SECTIONS SUBJECT TO
PROVISIONS OF SECTIONS 2026.16; SECTION 2026 SIGNS,
SPECIFIC LIMITATIONS AND REQUIREMENTS, BY ADDING A NEW
SUBSECTION 2026.16 AND CLARIFYING OTHER SUBSECTIONS;
AND AMENDING THE SCHEDULE OF DISTRICT REGULATIONS PAGE
2, ACCESSORY USES-LIMITATIONS ON SIGNS RG-2, RG-2.1,
RG-2.3, RG-3 GENERAL RESIDENTIAL; PAGE 4 USES AND
STRUCTURES, ACCESSORY USES LIMITATIONS ON SIGNS, CR
COMMERCIAL RESIDENTIAL (GENERALLY); PAGE 5, ACCESSORY
USES-LIMITATIONS ON SIGNS, CG GENERAL COMMERCIAL, TO
PROVIDE THAT ALL EXTERIOR ONSITE SIGNS ABOVE A HEIGHT
OF 50 FEET ABOVE GRADE WILL BE RESTRICTED IN SIZE,
COLOR, NUMBER, LIGHTING, DESIGN AND SUBJECT MATTER=
SUBJECT TO REVIEW BY THE URBAN DEVELOPMENT REVIEW
BOARD AND ISSUANCE OF A CLASS C SPECIAL PERMIT BY THE
PLANNING DIRECTOR.
Passed on its first reading by title at the meeting of Januarq 26, 1989,
ras 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 bq title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins -
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10555.
The City Attorneq read the ordinance into the public record and
announced that copies were available to the members of the Citq Commission and
to the public.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING YTEMS TO
RESUME CONSIDERATION OF THE REGULAR AGENDA.
- -- ---- _ _ _.. 1
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'1
41. ffi+I$RGSNCY ORDINANCE: Amend Code, Section 54-17, by removing the
restriction which mandates streets closed to vehicular traffic at
intersections only.
Mayor Suarez: Items 12 and 13, they are related, are they not?
Mr. Fernandez: Regular or PZ?
Mayor Suarez: Regular.
Mr. Jim Kay: That's correct.
Mayor Suarez: That's presumably what brought all the Coral Gate homeowners
here?
Mr. Kay: That's correct. Mr. Mayor, members of the Commission...
Mayor Suarez: Yes, let me announce that is the last item of the night.
Mr. Fernandez: Or items.
Mr. Kay: Item 1Z is an emergency ordinance amending Section 54-17 of the City
Code, which states that a prohibition of vehicular traffic shall be closed at
the intersection only. This would amend the Code to allow the Commission to
close the street at a location that is determined to be in the public
interest. In other words, if you close it at an intersection, or at some
other location.
Mayor Suarez: That would be by item 13?
Mr. Kay: Item 12.
Mayor Suarez: That would be item 12? Now, why are you saying that we should
do 13 rather than 12?
Mr. Fernandez: No, 12 has to be done first, before 13 can be.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Fernandez: No.
Mayor Suarez: Is there any problem with that emergency ordinance from
anybody?
Mr. Kay: The nature of the emergency is that we have, if you look at this
aerial photograph, we have three closures on here already, that are closed at
a location other than the intersection.
Mayor Suarez: Other than the intersection. OK, I entertain a motion on item
12.
Mr. Plummer: Well whoa, hold on. Speak to the fact that this is being
applied citywide.
_i Mr. Fernandez: Correct.
Mr. Plummer: Now, I can understand that there are areas in which it is good.
Theze are areas in which I can sae that it will create havoc. There's my
{ fear. I have no problem where it is being propos ed presently, but I've got
other areas in
_ which this could be a problem.
`r
Mr. Rodriguezs Actually the reason why it is before you is because we have s
- several areas in the Grove were having to close an intersection wouldn't make `
any sense and this will allow you to move it... _
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Mr. Kays Every closure will have to go through....
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b8€nre this ~nstrnissionfi
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t Mr. i~ernandas.s Oh yes.
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Mr. Rodrigues: Sure.
Mr. Mummers OK. 4
Mayor Suarez: Read the ordinance. Do we have a motion?
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Mr. Plummer: To give it flexibility, I'll move it.
,;
Mrr. Kennedys Sure, I second. ~ "~ __
Mayor Suarez: Read the ordinance. Call the roll. ,
AN ORDINANCE BNTITLED-
AN EMERGENCY ORDINANCE AMENDING SECTION 54-17 OF THS ~"
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ~~~
REMOVING THE RESTRICTION WHICH MANDATES THAT STREETS
BE CLOSED TO VEHICULAR TRAFFIC AT INTERSECTIONS ONLY;
PROVIDING FOR RETROACTIVITY; CONTAINING A REPEALER ,.
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
i. Kennedy, 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: -
;- -
AYESs Cosstiniasioner J. L. Plummer, Jr. _
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurs:e + _
- - Mayor Xavier. L. Suarez _
.: ,. : •
NOESs None.
_.
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ABSENT: None.
_j -
Wh~reupon the Commission on motion. of Cosmnissioszer Plwsnner and seconded -
by Commissioner .Kennedy, adopted- said ordinance by the following vote:. .; ~,~.<
` 4
~; AYES: Commissioner J. L. Plummer, Jr. a •,
Commissioner Rosario Kennedy
- Commissioner Mailer J. Dawkins _ °'
- Vice Mayor Victor De Yurre -
' Mayor Xavier L. Suarez - syrt
-NOBS: ~ - _~: _ r'_
None.
°4 -
~` ABSENT: None.
_ ,:
~;~ SAID ORDINANCE WAS. DESIGNATED ORDINANCE N0. 10556.," -
:. _
The City Attorney read the ordinance into the gublis:'`record aad
aaaounced that copies wore available to the members: of. the City; ComsAis~sioz~ .gad r `'
° to the public. ~°
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42. APPROVE REQUEST OF' CORAL WAY ASSOCIATES LIMITED AND DECORATIVE ARTS
PLAZA INC. - developers of the Miracle Center Project - to restrict
vehicular access to SW 33 Avenue from SW 21 Street permanently.
Mayor Suarezs Item 13.
Mr. Plummer: Who is Coral Way Associates Limited and Decorative Arts Plaza
Inc.7
Mr. Kays That's the Miracle Canter Project. This item is continued from the
last meeting in January. This is actually the item...
Mayor Suarez: Now, we agreed that a street must be closed somewhere, right?
Mr. Kays That's correct.
Mayor Suarez: And what is the issue pending then? And ghat are the
parties...
Mr. Kay: The issue here from the last meeting was that the Law Department
made a determination prior to this emergency ordinance that yes, the City Code
does say that a street can only be closed at the intersection. We've now
amended the Code...
Mayor Suarez: That is now presumably resolved.
Mr. Kay: Right.
Mayor Suarez: What is item 13 now? What are the options?
Mr. Kay: Item 13 is the closure of SW 33rd Avenue south of 21st Street where
the closure is being proposed that the zoning district boundary line.
Mayor Suarez: Can you show on some map or something, an illustration that we
have an idea what we are talking about?
Mrs. Kennedy: And this is for one year?
Mr. Rodriguez: No, this is permanent.
Mrs. Kennedy: It is permanent now.
Mayor Suarez: This is permanent. It was for one year.
Mr. Rodriguez: And you have the option of closing at the zoning line, or
closing at the intersection again, as you have previously, so you can make a
determination at this point as to what would be the best solution for the
area.
Mr. Kay: What you have in front of you is a closure at the zoning district
boundary line and if you turn the thing around, turn it around, up this side,
that is the closure at the intersection.
Mrs. Kennedy: Mr. Mayor, let me ask, I have received...
Mayor Suarez: Kind of upside down from the way that we are looking at Coral
Way up there, but anyhow... I'm sorry.
Mrs. Kennedy: I have received a lot of phone calls form neighbors agreeing to
this.. Is it correct to say that moat of the neighbors are in agreement?
Mr. Kay: A count was taken, Miracle Center mailed out letters to everyona in
the subdivision with a return stamped post card and the final count waa'332 in
favor of the closure, with 162 against.
Mr. Plummer: 162 didn't want it closed. ~'
- Mr. Kay: That's correct.
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16~ ~ - P~bt'tta~y ~~, 1989 ' ``~~,
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Nt. Ch~sries Haaeeler: 3T2 wanted it closed. If a politician got a note lik6
that, it Mould be a landslide. it'i two to one.
Nr. Plueomers Yes, I like those odds.
Nre. Kennedy: Yea, me too.
Mr. Plummer: i like them.
INAUDIBL$ STATEMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Hasseler: They're there.
Mr. Kay: The post cards are on file in the Department of Public Works.
Mayor Suarez: Gee! I walked off the podiwn here for a second and all of a
sudden I lost control of this. OK, so the options are what? I'm sorry, Jim.
Mr. Kay: The options are in front of you. You have a closure here which
would be at the intersection near the south property line of SW 21st Street,
or if you turn it over, would be at the zoning district boundary line, which
is actually the north property line extended across 33rd Avenue of Miracle
Center Project.
Mayor Suarez: You couldn't have put both illustrations on one side, so we
don't have to be flipping it?
Mr. Rodriguez: we tried to save money.
Mayor Suarez: Right, that's the idea, and that sketch really.
INAUDIBLE STATEMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: What difference does it make to the world? What difference -
does it make to the Coral Gate Homeowners' Association?
Mr. Cather: It allows them to have access to their homes.
t-
Mayor Suarez: Well, I can imagine that it would make a lot of_difference to
them, but what about the association?
Mr. Hasseler: Well, we wanted the zoning boundary... ~,:
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Mayor Suarez: Why don't you give us your name, please.
Mr. Charles Hasseler: My names is Charles Hasseler, I'm president of the
Coral Gate Homeowners' Association. We have a number of people here tonight
who have waited, about two and one-half hours. We know you are
exhausted and I
.
want to make this very quick. We would like to have closure at the zoning -
line boundary, which is in the middle of the street there, that Mister....
Mayor Suarez: Don Cather.
Mr. Hasselers Don, yea, Mr. Cather.
Mayor Suarez: I'm sorry, before you complete your. argument, is it clea~
that
_
from tha standpoint of the shopping center, whatever you call that?~ 'I ~
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won't... ,
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INAUDIBLE BACKGROUND COIyII~lENTS NOT ENTERED INTO THE PUBLIC RECORD. f
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Mayor Suarezs The Mirahie Center... 2 den ~t mAnt t., ~~.. s«.,~s,a.... ..,.,.._ ..,r %. -
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Mr. Cardenaa: For the record, mq name is Al Cardenaa with offices at 1221 _
S~tickeil Avenue.
Mayor Suarez:
Mr. Cardenas:
different...
It looks better in the evening than during the day?
I think the lighting in the evening gives it a very. very
Mr. Plummer: For surer it can't look any woreet
Mrs. Kennedy: Anything can look better.
Mayor Suarez: Seriously now, it's OK by you either may?
Mr. Cardenas: Yer.
Mayor Suarez: OK, now... I'm sorry. Coral Gate.
Mr. Cardenas: The answer is yes, and we just want to make sure that as maay
people as possible are pleased to a decision, but we can live with either
alternative.
Mra. Kennedy: And you will pay for the construction?
Mr. Cardenas: Yes, of course.
Mr. Dawkins: What did qou say A1? I didn't hear you.
Mr. Cardenas: Yes, of course.
Mr. Dawkins: What? -~ -
Mr. Cardenas: We will pay for it.
Mr. Hasseler:. If it's in. If it flies, they'll pay for it, that's what he is
trying to say.
Mayor Suarez: Go ahead, J.L. _
Mr. Plummer: One question to you.
Mr. Hasseler: To me?
Mr. Plummer: To you. All the homes that back up to the commercial property
enjoy a damnable thing called transitional use, which means tomorrow morning
anybody that has property there that wants to go in and apply an office permit
can do such. Have you given any consideration, if in fact, one starts it, and
it does in fact spread, what is going to happen to this intersection being .
closed and forciag more traffic on the residential streets? That can, it is -
perfectly legal. _
Mr. Hasseler: We opposed what you suggest two years ago, and we're still here _ _
to oppose any such move. Does that answer your question?
Mr. Plummer: Fine, T'm just asking.
Mr. Hasseler: There it is. Now, do you want me to make my presentation? We -
are not the only people blocking intersections in the middle of the street. -
Mr, Dawkins: Yes, well before you make it, I just need to ask one question;
Why is it more feasible or mare acceptable to do it in the middle of the block. _
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rather than at the intersection?
Mr. Hasseler: To provide the community with an entity to hold ite
residential... to hold its...
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Mr. Dawkins: And you have statements from the community that that .is what, the
commmunity waste? .. ~<, j ':
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Mr. Hasseler: 372 votes, Commissioner! ;_
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Mr. Dawkins: How many more in the neighborhood than the 372?
Mr. Haaaelert i have no idea! They sent cards to everybody. I mean, what
tan we do? - take them by hand and bring them down here and tell them?
Mayor Suarez: I had hoped to hear the end of your statement, I never got to
hear it. To provide an entity or what for the community to do what?
'ti
Mr. Hasseler: To provide some continuity to our community. We want a single
family residential community. It's going to be destroyed if we pern-it
offices in this. You can use 25 percent of your home as an office. You just
•aid that. What'• the matter with that? -
Mayor Suarez: Well, wait.
Mr. Hasseler: We don't object to that.
Mayor Suarez: I'm missing something. Why does that alloy anybody to have an
off ice?
Mr. Hasselerc It doesn't allow and transitional zoning allows them to have
offices and we oppose transitional zoning.
Mr. Plumper: So do I.
Mayor Suarez: So what does that have to do with whether the intersection
ia... whether the barricade is...
Mr. Hasseler: Because it keeps the continuity of the community. On one side
of the wall, there is a whole Coral Gate community. On the other side of the
wall is commercial zoning. Time and time again people have told you that.
I've got pictures here of Miami Springs, of Coral Gables, they are separating
everything at commercial lines now. You want me to show you the streets?
Mayor Suarez: OK, I see what you are saying. You are saying the commercial
zoning line ends with the lot.
Mr. Hasseler: He is showing you right there where it ends with the lot.
Unidentified Speaker: Making a cul-de-sac with no room to turn around.
Mayor Suarez: OK, that's a different argument and you are always out of-turn, _
you know, by definition you are always out of turn back there. Never grab the
mike, never... -
Mr. Hasseler: Now I can show you here, the streets in Miami Springs...
Mayor Suarez: But Charles, shat practical difference does it make to you or
to the homeowners that the barricade ie not where the commercial zoning ends,
but is at the intersection? I mean, he made an interesting point back there
out of turn, and without being recognized, or anything, which is to have a
little turniag basin, or whatever you want to call it, a cul-de-sac there.
Mr. Hasseler: Well, we have other people that want to speak and if you want _
me to turn the microphone over, I am going to let other people in the
eeighborhood speak to you on that issue, if you want that.
Mr. Cather: I would like to point out...
Mr. Hasseler: However, I can show you three cities right paw that are doing
this very thing - Miami Springs, Coral Gables and the City of Miami. The Citq
of Miami wants it on Coconut and Abaco and 33rd Avenue. They~are iA the -
middle of the block, OK?
Mayor Suarez: No, no, ve've approved that sow .
Mr. Hasseler: Now in Miami Springs, there are seven streets off of 36th
Street blocked in the middle of the block. Coral Gables has got tpo,_ on
Nardona Drive and Nardoaa Coust to separate
' that commercial area. `. Npw qqu ~~
know, we
re not by ourselves asking for this. ~:?
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hr. i'lummer: It is not a question as to where or e-hether or not to barricade.
The question is where to barricade.
Mr. Harseler: Sxactiy.
Mr. Plummer: That's the question.
Mr. Hasaeler: OK. Now I've got pictures of streets here, like I sa~-, thht
are presently temporarily or permanently blocked somewhere other thaw at
intersections.
Mayor Suarez: Oh yes, in fact. we Mere contemplating doing that before, down
you knoll, under U.S. 1 there, off 27th. .~'
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Mr. Hasseler: OK now, the areas that ask for this protection are victims of
strip zoning, transitional zoning, poor interpretation of the zoning lass, or
a lax interpretation of the zoning laws and greedy...
4
Mayor Suarez: Let roe ask the Planning Director about that. The barricade
being placed at the commercial zoning line, or at the intersection, make any
difference for any future zoning decisions that you can ascertain? -
Mr. Rodriguez: I could think of possible giving credence to the owner of the
property that will be affected by this the moat, the immediate adjacent owner,
that if he is basically the two single family...
Mayor Suarez: The two single family residences that are found there and which
previously applied for some kind of a... ,
Mr. Rodriguez: For a Class C transitional use, office, that was turned down.
Mayor Suarez: Md which was denied by this Commission.
Mr. Rodriguez: It was denied. That they belong to the commercial area, which
is I think the argument they have been making, you know, that they are
concerned that by closing the street at the intersection, you are giving
credence that they are basically related to the commercial area. I think
that's the concern they have. _
Mayor Suarez: OK, giving credence, but assuming this Commission still has the ,
same views about that as it had before, that wouldn't necessarily change our
minds in any way. It doesn't give them any legal, more legal-vested rights in
any way, does it?
Mr. Rodriguez: No.
Mayor Suarez: Or any less, yes, that's true.
Mr. Hasseler: There are other people that wish to address the Commission on
this issue.
Mr. De Yurre: Yes, Mr. Mayor, if we can get an understanding from the a
property owners that you know, that is what they are going to get, you know,
the position of this Commission is that will not be changed and see if they
have any feelings as to that. Because you know, they are the most affected
people, you know, no matter if you live in Coral Gate...
Mayor Suarezs You are not talking about a covenant, are you?
Mr. De Yurre: Well, yes. -
Mayor Suarez: Can they? I guess they could always tender one, :right?
.
,
Mr. Fernandez: Talking about the property owners that would" be effected by ~ J
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the place where the closure takes? --
Mayor Suarez: Yes, the two...
Mr. De Yurre: The two right there. -~~ ~ _ ~ ,;-
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Mayor Suarez: The two... 3~~^~~'`~ „~
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Mr. Plummer: What would the covenant do?
Mr. Fernandez: Hey, they are not here asking for any Loring, or any
variations or anything right now, so it would...
Mayor Suarez: The vice Mayor is wondering, ea Me all are, if we can assure
the neighbors that by, if we were disposed to put the barricades at the end of
the street there, that that would not in any pay enhance the chanter that
there property owners Mill be able to change to office or commercial, whatever
it is they Masted to change to and if so, could that be implemented by some
kind of covenant. I don't know if they are Milling to tender one. I could
tell you, this Commission, i don't think would change it's mind and qou told
me legally that it would not. Their chances would not be affected as far as
the legal considerations, right, Mr. Planning Director and Mr. City Attorney?
Mr. Fernandez: Correct.
Mayor Suarez: Lending credence doesn't mean anything necessarily from our
perspective, as far as the legal facts.
Mr. De Yurre: The point is, if Me give them a choice and they can't come back
_ and say that there is hardship. If they select wherever they Mant the barrier
to go, they can't come back and say that there is hardship because of the
barrier Mhere they are at.
Mayor Suarez: That's true. Well, we know what their preference is, there -
preference is the at the street there. What you are saying is... but I don't
know of any enforcement mechanism, is there?
Mr. Fernandezs My recommendation to you would be to make this decision
separate and apart from whatever future considerations may be brought to qou,
_ to combine, or to consider a potential application for a transitional use
there and where the street will be closed now, would be improper I would
_ think, at this point.
Mr. De Yurre: The whole point is that if we have a group here of residents
that are concerned with that, and that is why they are asking for the barrier
to be at one particular location as opposed to the other, because the bottom
line is if they get assurances that nothing is going to happen with those two _
pieces of property, they don't care if they put it up or back.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Go ahead and make your statement, briefly please.
Ms. Ofelia Tavarez Fernandez: My name is Ofelia Tavarez Fernandez and I live
at 1861 SW 36th Avenue. The response from the neighborhood is clear, it is
almost three to one and I think the Commissioners should be very attentive to
our request, that we are trying to protect our single family neighborhood and
if you agree to close where the present barriers are, and that is what the
community wants, I mean, we want to preserve the character of the whole -
aeighborhood. We don't want the commercial zoning to intrude into our
residential area. We want to stop it exactly at the limit of this zoning
classification.
Mr. De Yurre: OK, explain to me how would it intrude?
Ms. Fernandez: I know about the transitional use. We all know this is an
= ugly sword on the head of all of us but they would have to come in front of
- the Commission and the association is very strong and we will be here every
time, I want to warn, to include our neighborhood. I think the association
has been extremely cooperative with the developers. We have been living very
happy even with the external appearance. I mean some of us, not all of us,
the external appearance. I believe that the developer is willing eyes to
assume the cost so we beg you all to protect our neighborhood. Once we give
more chances to a developer to come into our neighborhood,. the domino effect
mill be there in less than five or six years. What this development on Coral
Way has done is to join us together to strengthen our commitment to save Lhe~ ~rt
character of Coral Gate and that is what we want. We haven't ever opposed the r
development of Coral Way. Coral Way has plenty of commercial uses that have ' ~~
not bean eves developed, even after being rezoned. There are plenty of spaces ri`.
,
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and there is plenty of land to be used on Coral Way and there is no need xo .
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intrude into this residential neighborhood. _-
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173 F~b~uary ~3
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Mayor Suarez: OK, Ofeiia, we gat the gist of your argument, thank yrru.
Quickly, please.
Ns. Isabel Singletary: My name is Isabel Singletary and i represent my mother
rho is a property owner at 3310 SW 21st Street. There are two things I'd likt
to point out. First of all, how it is intruding. Now, I can come around,
I'll speak loud. (OFF MIKE, INAUDIBLE) ... and you keep these residences out
of Coral Gate. You have access through back yards to these other areas. Noa,
a six call was erected right here along the entire length of the project, but
that •ix foot wall in no way closes off neighborhoods, and this case in point
right now, my mother is the second property owner, but by moving that six foot
wall where they have there is a big gap that has not been closed off. Anybody
can walk into here back yard right now, off of here, so that is in my
estimation, a factusl, you know, physical layout that prevents you from
considering not just these tao homes, but all the other ones as part of that
neighborhood. Did you understand what I said?
Mr. Plummer: Sure.
Ms. Singletary: OK, the second thing is, that you have an alley here, a
service alley to the back of the property. That means in and out, trash
pickup, everything that services the Miracle Center is directly behind the six
foot wall. So you are talking about all kinds of activities here, that aren't
just access to a residential house. You are talking a dead end, we're
talking, you know, off street parking for anybody who is going to this
particular place. In other words, it is not just... I'm not just saying some
Joe Blow is going walk around and you know, sneak into a neighborhood. I am
just saying that it opens you up to Coral Way, whereas before you weren't.
Now, the other thing I'd like to ask, aside form that, is that if it is close
to vehicular traffic, or to cars, it's fine, but we would like, or my mother
would like to state the point that she would like it to be open to pedestrian
traffic so she doesn't have to walk all around the project to get into this
place, if she so chooses, and it has not been stated until now that it should
be open to pedestrian...
Mr. De Yurre: Well, if you open pedestrian, you have people parking on the
other side of 21st Street.
Ms. Singletary: Well, we talked about that, however, shouldn't that be
something that we deal with when it happens and then come and face you atth
it?
Mr. De Yurre: Well, I'm just letting you know what's going to happen.
Ms. Singletary: Well, you can isolate the neighborhood, which I understand
you should, however the people that live on this street don't have access to
this supposed wonderful project that's been blobbed up is the middle of Coral
Way.
Mr. De Yurre: I'm just telliag you that...
Mr. Cardenas: Excuse me, we'll be happy to provide the pedestrian walkway. I
~ think that neighbors are cognizant of that. I just want to go on the record
saying it's part of the
sa
Mr. Plummer: Do you know what you are doing if you do that? You are going to
have every employee parking in Coral Gate streets and walking over, same thing
- that presently happens at Sears every day. Every day it happens right nos,
- don't kid yourself.
Ms. Grace Balanzatequi: We already have "No Parking" signs.
Mr. Plummer: That has ao bearing on it. They don't even look at them.
Ms. Grace Balanzatequi: Well, yes they do. We have no parking there now.
:~~
Mr. Plummer: OK! Listen, I'm with you, I'm with you, but don't kid yousa¢l.f.~ ;'
OK?
-" INAUDISI.E BACKGROUND COMMENTS NQT ENTERED INTD THE ~'UBLIG RECORD.
. ~~Y
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Unidentified Speaker: You go on 21st Street and 37th Avenue and Coral Way and
you won't find no cars parked at all. And if there are any cars parked them,
we are retired residents that call the police and they give them tickets.
Mr. Plummer: OK.
Unidentified Speaker: Seven days a week.
Ms. Singletary: In concluding, i think it should be at the level of the
commercial development.
Ms. Balanzatequi: Grace Balanzatequi, 3620 SW 20th Street. I would like to
- say that we are in favor of having the closure at the property line in the
middle of the street for two reasons. First of all because of what the lady
said, yes, it opens up all those houses to Coral Way, and secondly, if you
divide it, if you close it...
-- Mayor Suarez: It opens up all what houses to Coral Way?
Ma. Balanzatequi: All the houses that have their backs toward the Miracle
Center. OK, if it closed at the intersection...
Mayor Suarez: I thought there were only two houses that would be affected?
Ms. Balanzatequi: No, because there are ten houses along the wall that face
Miracle Center, or rather that back into Miracle Center and if you don't
extend the wall all the way through, you are going to have people being able
= to go between that wall and the old wall, which hasn't been filled in yet.
Mayor Suarez: Yes, I don't know about the wall.
Ms. Balanzatequi: Well, there is a wall and there is an old wall, OK? The
old wall has been torn down.
Mayor Suarez: Counselor, what effect does the intersection being in one place
or the other have on the wall being...? I don't see what affect it has. I'm
confused about that. The wall separating the project from the neighborhood?
_ Mr. Cardenas: Yes, I know what you are saying. I'm trying to picture it in
my mind. The argument being made is that if you put the wall at the
commercial boundary, the zoning boundary line, and it extends through the back
_ of the project, then it is literally not possible to... in other words, it's
more preventive of pedestrian traffic going through the neighborhood. You
know, I think they've made some good arguments. That one I'm not too sure
about, because as long as there is a pedestrian walkway, you are not going to
prevent people from going through the walled area. I mean, you either wall
people off or you don't, so you know, they would have to make a choice. In
other words if they don't want pedestrian traffic, then that would be a true
statement. You would have a wall all throughout, but if they want pedestrian
access and I think they do, then that aspect, I mean they have come up with a
shopping list of about ten reasons why thep want the wall there. That one, I
'aa. don't think will play out as they think it will.
Ms. Balanzatequi: Well, my second reason is that if you put the barricade, or
qou close the street at 21st Avenue, you are in effect taking the two houses
that are facing 33rd Avenue out of Coral Gate. You know, you are parceling
them out of neighborhood.
Mayor Suarez: Yes, and...?
Ms. Balanzatequi: And that would piece by piece, you are taking our
- neighborhood away, because you start with those two and then later on somebody
wants another two and you know, it starts to do that domino effect, which is
what we are all afraid of.
Mayor Suarez: OK, anyone else?
Mr. Mansol Wilkins: My name is Mansol Wilkins, I live at 3271 SW 16th
Terrace. I recommend that the wall itself right now be completely across,
block it off. You have one entrance to Coral Gate on the north, you have one `
- entrance on the west, or rather on the south, except 33rd. In other wards,
personally I say close them all off except Coral Gate Drive at 20th Street,
175 Febarunry 23, 1984
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that way it Mill stop them all and I just Gant to give a quick answer to Mr.
Plummer. He wasn't aware of slowing down traffic. I believe you are old
enough to remember the old Georgia and Mississippi rock roads where you had
pour corrugated, they used to call them, corrugated washouts. Buddy, that
would slow 'em down! Now, I'm far closing it on the property line, because
you know as well •s I do, a developer thinks of one thing. He thinks of
money, and if you put that offset over on the street, that gives him a
crisscross to get in there and like the lady said, there are two lots already
gone and there Mill be more.
Mayor Suarez: By the way, the City Attorney was saying that as far as
foreclosing all pedestrian traffic by the wall, that may not be feasible, that _
there will always be access on that street by pedestrians and I believe that -
most of the neighbors do want that anyhow.
Mr. Kay: The Code says that the closure is for vehicular traffic only, so
pedestrian access must be provided.
Mayor Suarez: Pedestrian traffic is got to OK.
Mr. Russell Nelson: I might...
Mayor Suarez: And I think you, well from the property owners, you'd better
state your arguments very quickly, because we are getting ready to act here
and close down for the evening.
Mr. Nelson: My name is Russell Nelson, I'm in a house, 3291 SW 21st Street.
We are right across from the two properties proposed. We would like to take
them out of action there because they will create a traffic thing and even
closing that at the street, wouldn't settle it because they would be two
office buildings, two of them, and they would create a dent in our armor
really.
Mayor Suarez: OK, thank you for your statement.
Mr. Moishe Cosicher: Mr. Mayor, members of the Commission, my name is Moishe
= Cosicher, my address is 7601 East Treasure Drive, North Bay Village. I
represent Antonio Cardet. He is the immediate property owner that you see
- there on your... on this exhibit that has been provided to you by the City of
_ Miami. Mr. Mayor, members of the Commission, this is to make of record that
we object the closing of the street and putting on notice that we will seek
legal remedies if this is passed this evening. Please allow me to make a
brief presentation. Chapter 54-17 calls for "Prior to the public hearing, the
proposed prohibited access shall be reviewed by the Department of Police,
- Fire, Rescue and Inspection Services and Solid Waste." I'm referring to your
Planning Director for that recommendation. Has it been provided?
Mr. Rodriguez: The Department of Fire, just before he left the Chief told me
- that he was opposed to the closing as he has been opposed to the closing in
other parts of the City and you can ask the Police Department, which is
represented here today and tell you. And I believe these issues were
discussed when we referred all these items before the Large Scale Development
Committee two years ago when you were acting on the development order sad you
dealt with all those issues, so that should be part of the record.
Mr. Joel Mexwell: Mr. Mayor, one of the whereas clauses of the zesolution
~ said the Police Department, Fire, Rescue and Inspection Services Department,
Solid Waste Department have made the recommendations as well. If the Fire
- Department is not there, it should be made a part of the record. They should
continent on the record.
Mr. Cosicher: Mr. Mayor and members of the Commission, the answers by your
staff is not satisfactory at this time. Also, I have a great concern as to -
the constitutional and legal rights that my client has by the enclosure. As
ownership of the property, he has a vested right to have access and he has the
right to choose which access is better for him. If the primary access is from
Coral Way, then it is his choice to make primary access from Coral Way rather 1
Chan taking the more resistant area and going ten or twelve blocks away and
coming about. It is very unfortunate that this gentleman has gone through
some economic psis over the past two years because of the wisdom of your board
as well as the association, but nonetheless, he has the right to make a choice
and we are here in this public hearing and he hasn't even been given the
_-~:~
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courtesy of being presented different solutions that he could have a choice of
saying, I am ready to take my entrq from 21st Street, for 33rd Avenue, so in
your great wisdom, and i realize that there are some residents here all
concerned, I ask for a deferral. i ask for this Commission to give my client
the proper view as to this barrier affecting his legal rights, his legal and
constitutional rights. I ask for a deferral.
Mayor Suarez: OK, quickly, please.
Ms. Doris Scheer: My name is Doris Scheer, I live at 1840 Coral Gate Drive,
I'm a vice president of the Coral Gate Homeowners' Association. To quote
Mayor Clark, I don't want to be redundant, his favorite word, and I'll just
make this brief.
Mayor Suarez: I thought his favorite one was, silencio, por favor.
Ma. Scheer: Since this temporary closing has posed no problem for over a
year, we see no reason why it shouldn't be made permanent. The gentlemen who
was just represented by counsel purchased these two homes for the purpose of
going under transitional use and making office buildings out of them. He does
not live in these properties, they are rented and have been rented since he's
had them. We wish to remain a neighborhood of homes. A closure at the zoning
line will buffer and insulate the neighborhood, 21st Street, especially from
the noise, the traffic, fumes and so forth from the Miracle Center Project.
We hope you'll indulge us by voting for the closure where the temporary is
now. Thank you.
Ms. Miriam Millar: Go ahead, I'll let you go.
Mr. Joe Musial: My name is Joe Musial, I live at 1920 SW 33rd Avenue. I
lived there for 39 years. As you all know, I've been down here in opposition
to closing 33rd Avenue right from the outset when you tried to do it
temporarily, unless you wanted to open it up again and I think pour Legal
Department have their head in the sand if they think there are not going to be
any legal problems over the closing of 33rd Avenue, as you just witnessed from
the previous speaker. You've made a cul-de-sac out of it and the first people
who go in there and try to turn around and run on their property, you are in
trouble.
Mayor Suarez: Joe, you are confusing this.
Mr. Musial: I live on 33rd Avenue.
Mayor Suarez: Joe, you are confusing us. We are going to close 33rd Avenue
no matter what. Tell ua where...
Mr. Muafal: I know you are. I feel like I'm whipping a dead horse. I know
you are going to close 33rd Avenue, but I'm saying, it is overkill by closing
the avenue. All you had to do ie put up some right turn only signs. You
would have taken care of the traffic problem. You've created traffic problems
now by closing it because people are using 21st Street and never used it
before. They didn't have to, they come up 33rd Avenue. I know, because I
live on 33rd Avenue and that's the way I always came.
Mayor Suarez: Do you have an opinion as to where the barricades should go, or
you are not interested in that?
- Mr. Musial: If you close the street off, then you create commercial property
is what you are doing, because you are blocking his property in there if you
- closed it at the property line. If you put it back where you are, you create
a cul-de-sac where you can't go in there and turn around without running on
the man's property, so I think you all and your Legal Department, you all had
your head up your... up in the Sandi
- Mayor Suarez: Last statement and we're out of here. Last statement, Ma'am?
Ms. Miriam Millar: OK, my name is Miriam Millar, I'm one of the property
- owners on 33rd Avenue and 21st Street. Since you placed those barricades ,;
there, we have more accidents than we had before, because our street, 21st, fa
a raceway too, Commissioner Plummer, like Tigertail. Why? Because they
- don't have to stop, they don't have to be careful, because the street is ''
closed. So the people who divert their traffic from Coral Way to cross arouttd
:~
177 February ~~, 1;989 ~~
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32nd to 37th Avenue, they don't have to stop at ail, so they go, just ride
there and the street is just a speedway. My daughter lives on 21st, next to
my property, and my granddaughters they cannot go and walk on the street, not
even a dog, because it is a race track now. If you close the street
permanently, all the traffic that is going to be because of the opening of the
center and the people who are coming east, west, on Coral Way, they will go
down 21st Street anyovay, so by closing the street, the neighborhood won't get
anything that they can do to the traffic. I oppose totally to the closing of
the street. I like to have the right of my property, who has their exit and
entrance on 33rd Avenue to go the way they used to be before everything was
done before, OK? So I oppose completely to that, to the closing. It is not
going to make any difference and you will see, check the date today, because
we would have to come eventually here for opening of this street, because the
Center will have to have...
Mayor Suarez: If we decide to close the avenue, do you have a preference as
to where you would like it closed?
Ms. Millar: If you have to close the avenue, where you say before that you
are going to close it, either way, I prefer to close it on the intersection.
I like to have my property exit on 33rd Avenue. The houses behind Miracle
Center, they are not residential any more. The quality of life has changed.
We cannot stop progress, we know that, but you cannot consider those
properties on 21st Street next to the commercial and a 17th story building
residential anymore! I know that the rest of the neighborhood, they want the
closing and they don't want anything else, but they don't live next to 21st,
they don't have their property there, next to the Miracle Center. It is in
the middle of the neighborhood. They can enjoy everything but they don't have
the burden or the liability. There is a gentleman here who is living on the
shade for so many... that's you.
Mayor Suarez: OK, anything further?
Mr. Cardenas: Just one statement, Mr. Mayor, and that is that representing
the developer, we obviously have an upcoming opening date, and we vigorously
oppose any suggestion regarding a deferral, insofar as the legal issues
raised. We are perfectly comfortable in handling any legal issues should they
be brought up in some sort of other proceeding. We're comfortable with the
precedents, we are comfortable with the review process during the last three
-; years, we are comfortable that we had sufficient input from staff and we'll
take our chances in any other sort of proceeding and I am comfortable in
making that statement on the record. We feel a deferral ie the only solution
that's a killer to us. We have two alternatives and we'll live by whatever
decision you make here this evening.
Mayor Suarez: Commissioners? Motions, proposals?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO TIU; PUBLIC RECORD.
Mayor Suarez: Commissioner Kennedy.
Unidentified Speaker: Can I speak for a minute? I live in the back of this
big monster on Coral Way there, referred by somebody else as Disney World. I
did not refer to that as Disney World, far from it. When I first came before
you, Commissioners...
Mayor Suarez: Where do you want the intersection or the barricade, if any?
Unidentified Speaker: ... you all turned your heads and did not approve it.
Now, I am in back of the Miracle Center, right in the back, I have no privacy
from the garage area. It was put up in a Mickey Mouse manner. I could look
in the people will be able to look out.
Mayor Suarez: Where would you prefer...
Unidentified Speaker: Just one minute, I'd like to finish.
Mayor Suarez: That ie the issue before us. Everything else is a moot
question at this point.
Unidentified Speaker: I'd like your help in solving the solutions, what you
are going to do for the property owners in back of the Miracle Center. These
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178 February 23, 1989.
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people do rot live in beck of the tliracle Ce~-ter that colas up here. We are iii
back of the Miracle Cet-tsr. They are streets avayl
Mayor Suarez: I don't knoll, ve may have to take that up some other flay, but
today ve are trying to decide. We know ve have to close 33rd Avenue.
Unidentified Speakers Before, when I first moved in that neighborhood, tNb~
street vas open, 33rd Avenue Mss open fWhatcMiii happennthen?C~runiass.it is
there will be no access to Coral Way.
blocked off right by the gate.
Mayor Suarez: All right sir. Thank you for your statement. We probably will
have to look at some issues affecting the property ormers behind Miracle
Center, but that is not really the issue before us right noM. You have a
motion?
- Ms. Scheer: Could ve please have the barricades...
- Mayor Suarez: Please.
Mrs. Kennedy: I'd like to move, Mr. Mayor, to close the street and to close
it at the zoning line as ve told the residents.
Mayor Suarez: So moved.
Mrs. Kennedy: And as the majority wants.
Mayor Suarez: So moved. Do ve have a second? Is there a second to the
motion?
Mr. Dawkins: Second.
Suarez: Seconded. Any discussion from the Commission? Call the roll.
Mayor
The following resolution vas introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION N0. 89-211
A RESOLUTION APPROVING THE REQUEST OF CORAL WAY
ASSOCIATES LIMITED AND DECORATIVE ARTS PLAZA INC.,
DEVELOPERS OF THE MIRACLE CENTER PROJECT, TO RESTRICT _
VEHICULAR ACCESS TO SW 33 AVENUE FROM SW 21 STREET IN
...
THE CITY OF MIAMI, FLORIDA, ON A PERMANENT BASIS BY
CONSTRUCTING AN IMMOVABLE LANDSCAPED BARRIER ACROSS SW
33 AVENUE AT APPROXIMATELY THE EASTERLY EXTENSION OF
`~
THE NORTHERLY PROPERTY LINE OF THE MIRACLE CENTER =
PROJECT, SUBJECT TO THE PROVISIONS CONTAINED WITHIN
THIS RESOLUTION.
(Hera 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 .
end adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.. -
Cotmnissioner Rosario Kennedy < . ,<,~
Commissioner Miller J. Dawkins,
Vice Mayor Victor De Yurre -
{ ~i y rc'~
NOES: Mayor Xavier L. Suarez -~.~ ~ ~
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ABSENT: None. ~'1 1
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COl4lENTS MADE DURING ROLL CALL: ~ ~ .~ "
both sides of ~ha argument, but
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Mr. Plummer: I see the reasons
Commission made a committaent to the.; regidemte we've gQ,t" "to ~,ive up to
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vote yes. ,
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EXECUTE AGREEMENT OF PURCHASE AND SALE. j°
WITH BROTHERS OF THE GOOD SHEPHERD, ~-
INC. FOR THE ACQUISITION OF THE FEE
SIMPLE INTEREST AND LEASEHOLD INTEREST
IN 726 NE 1ST AVENUE (CAMILLUS HOUSE) it
SUBJECT TO APPROPRIATION BEING MADE AT _~=
APPROPRIATE TIME. 89-190
i. q.
EXECUTE GRANT AGREEMENT WITH BROTHERS c
'
~
OF THE GOOD SHEPHERD, INC. FOR ~ '~
CAMILLUS HOUSE. 89-191 -
ISSUE REVOCABLE PERMIT TO THE BROTHERS
OF THE GOOD SHEPHERD, INC. FOR USE OF
CAMILLUS HOUSE. 89--192
1989 CARNAVAL MIAMI 8-R RUN AND BIKE
DASH: AMEND RESOLUTION 88-357 CHANGE
LOCATION TO DOWNTOWN AND GRANT PERMIT
:.FOR FIREWORKS AT BAYSIDE UNTIL MIDNIGHT ,-
MARHC 12, 1989. ~-$9-194
EXECUTE..AGREEMENT WITH UNIVERSITY OF -
MIAMI,...FOR SALE OF 12,000 CUBIC YARDS - - -
OF EXCESS FILL MATERIAL FROM VIRGINIA - -
KEY. EARMARK MONEY FOR TREES AND _
' BENCHES AT EAST BAY VISTA PARK. 89-195 -
WATSON ISLAND MASTER PLAN 1989: =
APPROVE IN PRINCIPLE - AMEND _
_ APPROPRIATE GOMPREHENSIVE NEIGHBORHOOD _
.PLAN.- 89199:
ACCEPT GLASS HAND ENGRAVING OF SEAL -
OF REPUBLIC OF CUBA-.FROM THE J.MEDINA
GLASS CO. OF NEW ORLEANS. FOR DISPLAY '!~
TN THE CITY. 89-202
UPHOLD ZONING BOARD'S APPROVAL OF
SPECIAL EXCEPTION TO ALLOW PARRTNG ~ `" `"
STRUCTURE FOR, PRIVAT$•PASSENGER. _
`'
VEHICLES AT 11-15 S.W. 41ST. AVEN[1E :'
(OWNER: THE TRUST BANK. APPLIGANT.: =';
':ROBERT PIAGENTI r~
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.
UPHOLD ZONING BOARD'S APPROVAL OF
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3
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-VARIANCE AT-4Q50 W. .FLAGLER ST, ~
{OWNER: THE TRUST. BANK. APPLICANT: ~ ~ ~ ~' ~` s
ROBERT` 'PI,AC$NTI)_ ~ '$9~*~O~, ' ~'` T
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7 APPROVE REQUEST . 08. CORAL WAY ASSO.~I,!!;T$S
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~'~ -'LIMITED ~AND~~~AECORATIq$ ..ARTS. P~,AZ~~: ~ '', :~
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INC. DEVELOPERS OF THE MIRACLE C~DT~EB` =
...... ~`°PROJEC~ TO RESTRICT. VEHICULAR AQ,C~~3 ' r ^~-.~~ -~ ;.,.
.TO SW 33 AVENUE FROM SW 21 STREET -- ,•.'`~~ ,'~ ~~~° ~t~ ~~'~'~ Y~
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