HomeMy WebLinkAboutSubmittal Letter (2)/11 '2M'! 6-
ANDREW W.J. DICKMAN
Attorney at Law
Miami
T: (305) 758-3621
F: (305) 758-0508
January 25, 2006
Hon. Angel Gonzalez, Chair
Hon. Johnny L. Winton
Hon. Joe M. Sanchez
Hon. Tomas P. Regalado
Hon. Michelle Spence -Jones
CITY OF MIAMI
3500 Pan American Drive
Miami, Florida 33133
Naples
T: (239) 597-7017
F: (239) 597-2899
Submitted Into the public
record in connection o
h
item Pei on
Priscilla A. Thompson
City Clerk
RE: Motion to Continue "Coastal on the River" and "Brisas Del Rio" at the
January 26, 2006 City Commission meeting.
Dear Commissioners:
This firm represents the Miami River Marine Group, Inc. ("MRMG") in
connection with the above referenced matters. My client is a trade organization and port
cooperative consisting of the shipping and related companies working on the Miami
River collectively as the "Port of Miami River". We respectfully request that all Miami
River items, including the two referenced above, be continued, and in support state:
1. On November 16, 2005, the Third District Court of Appeals ordered that
the "Port of Miami River" objectives and policies found in the City's
comprehensive plan under Goal PA-3 apply to the entire River, not just 14
undefined shipping companies, as proposed by the City. Payne v. City of Miami,
3D05-708. The Court's mandate has not been ordered yet because the City and
the Hurricane Cove developer have motioned for a rehearing. How the Court
rules in this case will determine the legal standards and analyses the City must use
when evaluating development orders on the River. For this reason alone, the
Commission should postpone all development decisions on the River.
2. MRMG has only recently learned that the City's Planning Department is
seeking approval "to clarify language pertaining to the Port of Miami River Sub
element" contained in Goal PA-3 and related objectives and policies. The
Department has placed this item on the February 1, 2006 Planning Advisory
Board ("PAB") agenda, yet we are still unable to get specific information as to
what and how the Department wants to "clarify" these policies. The Commission
should postpone all action on the River until it and the public have had adequate
time to review what the Department is proposing.
3. Finally, my client's expert is unavailable to attend the above referenced
Law Offices of Andrew Dickman, P.A.
P.O. Box 771390 • Naples, FL 34107-1390 • andrewdickman@bellsouth.net
OS-0D7(ve/
City of Miami Commission
1/25/2006
Page 2
quasi-judicial hearings as he has a previously scheduled hearing on the same day.
We are presently litigating two cases on the River and preparing for hearings at
the PAB and Commission using the same expert. We cannot adequately prepare
for so many frequently scheduled hearings, depositions and trials. Our expert has
critical information the Commission should consider before taking action on these
developments. Again we request the Commission postpone the above actions
until we can ensure that our expert is available.
As a matter of due process, we respectfully request that the Commission continue
these items until a later date when all parties have adequate notice and can be heard.
More importantly, the City should use this time of "no action" to evaluate the River
interests and adopt a long range plan for development decisions along the banks of the
River. We have consistently petitioned the City to adopt the River Commission's "Urban
Infill Plan" as a way to avoid litigation and to give all the river stakeholders
predictability, balance and a vision for the future. Unfortunately, this alternative has been
consistently rejected.
Thank you for your consideration of this request.
cc: Hon. Manny Diaz
Joe Arriola
Jorge L. Fernandez
Brett Bibeau
Sincerely,
ANDREW DICKMAN
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