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HomeMy WebLinkAboutM-88-0724M 4 INTER -OFFICE MEMORANDUPA Mattv_ Hirai September 12, 1988 City Clerk el Maxwel sistant City Attorney My Memo to you dated August 11, 1988 CC Mtq. of 7/21/88; Motions 88-724 and 88-725 Please he advised that it has come to our attention that the subject memorandum contained a typographical error. Said error indicated that the area to be exempted from application of Motions 88-724 and 88-725 was ". . . the Miami Area." This information, which was inserted parenthetically in all quotes in the above referenced memorandum, should have indicated that the area to he accepted was the "Miami Arena." Attached, hereto, is a corrected memorandum bearing the date of September 1, 1988. It may be substituted in lieu of the August llth memorandum or you can include it in your records after havinq noted the correction on the August llth memorandum. Your office is already aware of this typo. I believe that your records have been corrected to reflect the "Miami Arena" terminology. But, if this correction has not been previously made, please indicate on applicable records relative to the subject Motions that they exempted the "Miami Arena," not the "Miami Area." JEM/db/P635 Attachment CC: Herbert Bailey, Assistant City Manager Sergio Rodriguez, Assistant City Manager Guillermo Olmedillo, Deputy Director, Planning Department Joseph McManus, Assistant Director, Planning Department Matthew Schwartz, Deputy Director, Dept. of Development Sylvia Lowman, Deputy City Clerk Alberto Cardenas, Esq. INTER -OFFICE tAEMORANDUM Matty Hirai September 1, 1988 City Clerk Citv Clerk's Report; City Commission meeting .IL so of Julv 21, 1988 �_JoPl E. Maxwell,/ Motions 88-724 and j Assistant City Attorney 88-725 Motion No. 88-724, as set out in the subject City Clerk Reports, states that it is: A MOTION TO MAINTAIN THE EXISTING DESIGNATIONS IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE AREA BOUNDED BY N.E. 11 STREET, NORTHWEST 1 AVENUE (EXCEPT THE MIAMI ARENA), THE E.E.C. RIGHT-OF-WAY AND N.E. 2 AVE. (Emphasis supplied.) The word "designations" was utilized by your Office upon the advice of this Office. However, after extensive review of the minutes, I have reconsidered. It is abundantly clear that the City Commissioner making the motion intended that the existing zoning be maintained for the subject area. Specifically, the conversation went as follows: Mayor Suarez: Well, is there anyone that's here to argue the opposite side of this and is there anyone on this commission that wants to hear all this argument? I am disposed to go ahead and entertain a motion to maintain the existin4 zoninq. Mr. Plummer: So moved. Mr. Dawkins: Second. Second. Page 11, Minutes of July 21, 1988, City Commission Meeting. Based on the aforementioned, Motion No. 88-724 should be amended to read as follows: A MOTION TO MAINTAIN THE EXISTING ZONING IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR 4 Matty Hirai City Clerk THE AREA BOUNDED 1 AVENUE (EXCEPT RIGHT-OF-WAY AND (Emphasis supplied.) September 1, 1988 Page 2 BY N.E. 11 STREET, NORTHWEST THE MIAMI ARENA), THE F.E.C. N.E. 2 AVE. More problematic is the matter of Motion No. 88-725. As you may recall, the City Commission refused to heed our advice to reconsider Motion No. 88-724 prior to adopting Motion No. 88-725. As presently stated in your —Report, Motion No. 88-725 is: A MOTION TO MAINTAIN THE STATUS QUO BY RETAINING EXISTING DESIGNATIONS IN THE MIAMI COMPREHENSIVE PLAN FOR THE AREA BOUNDED BY N.E. 11 STREET, N.W. 1 AVENUE (EXCEPT THE MIAMI ARENA), THE F.E.C. RIGHT-OF-WAY AND N.E. 2 AVE. (Emphasis supplied). Page 23, Minutes of July 21, 1988, City Commission Meeting. A fair reading of the last comments by the Mayor and Commissioner Plummer (page 23 of the minutes) seem to support the wording as presently set forth in Motion No. 88-725. However, the motion was actually made several pages back and is formulated on pages 16 through 17 of the minutes. At that time, the following colloquy occurred: "Mr. Plummer: Well let me ask this. Is there a potential flexibility in reverse, leaving it general commercial with the flexibility of building residential if desired? Mayor Suarez: Sure... Mr. Rodriguez: You have that flexibility except that the zoning map that will follow in one year from whenever you approve it, should reflect the commercial classification that you give them. Meaning you have to give them a commercial zoning classification. Mr. Cardenas: No, you... 1 I Matty Hirai September 1, 1988 City Clerk Page 3 Mr. Plummer: But is there not a classification in which we can leave it general commercial and still allow for housing? Mr. Cardenas: Yes Mr. Rodriquez: You could, definitely. Mr. Plummer: Well, it seem like to me that's the answer, that's the total flexibility. Mr. Cardenas: Yes Mayor Suarez: As to that area... Mrs. Kennedy: As to this, only. Mr. Rodriguez: That's more flexible, yes. Mr. Plummer: As it relates to this area so designated... Mr. Cardenas: That's correct. Mr. Plummer: ... on the original, not the Al Cardenas expansion. Mayor Suarez: Right. Mr. Cardenas: That's correct. The, let me if I can, briefly... Mayor Suarez: Well, if that reflects Commission consensus as to that area, I'd like to entertain a vote on that so we can get moving on this otherwise we're never going to finish. Mr. Plummer: Well, what would the classification be? Mr. Dawkins: Red. i Aft 0% Matty Hirai September 1, 1988 City Clerk Page 4 Mr. Cardenas: Red, Commissioner. Mr. Rodriquez: It will be general commercial. UNIDENTIFIED SPEAKER: Financial commercial. Mr. Plummer: General commercial would allow flexibility to have housing. Mr. Rodriguez: Will allow housing. Mr. Cardenas: Red i s.. . Mr. Plummer: i' l l so move that. Mr. Rodriquez: For what areas specifically? Mr. Plummer: As designated by - north by llth Street, Past by 2nd Avenue, South by the railroad tracks on 6th Street... UNIDENTIFIED SPEAKER: Excuse me, Mr. Plummer, east by Biscayne Boulevard. Mr. Plummer: No, Sir. Mayor Suarez: No, we have to talk about that additional area over there and see what that is. Mr. Plummer: No, no, that's not the same. And west by 1st Avenue or excluding the... Mayor Suarez: Well, lst Avenue excluding the Miami Arena. Mr. Plummer: Excluding, of course, the Miami Arena. Mayor Suarez: That's in the form of a motion. Right? Mrs. Kennedy: Second. Mr. Plummer: Yes. Ob I Matty Hirai City Clerk September 1, 1988 Paqe 5 Mayor Suarez: Second. Any discussion of that? Call the roll.' (Emphasis supplied). Pages 16 and 17, Minutes of July 21, 1988, City Commission Meeting. Based upon the foregoing, I am of the opinion that the seconding by Vice -Mayor Kennedy of the motion froze the motion at that instant, although there was much discussion which followed before the vote was actually taken. There was no amendment accepted, nor was one proposed, prior to the roll call vote. Consequently, Motion 88-725 should read: A MOTION DESIGNATING THE AREAS BOUNDED BY N.B. 11TH STREET AND N.W. 1ST AVENUE (EXCEPT THE MIAMI ARENA), AND THE F.E.C. RIGHT-OF-WAY, AS GENERAL COMMERCIAL IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. Because Motions 88-724 and 88-725 both dealt with identical areas, the actions are repugnant to one another. Thus, the prevailing motion is the latter one, and should govern actions taken by planning staff in attempting to carry out the City Commission's directives. Accordingly, the subject motions would more clearly convey the actions of the City Commission with the following wording: a. Motion No. 88-724 A MOTION TO MAINTAIN THE EXISTING ZONING IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE AREA BOUNDED BY N.E. 11 STREET, NORTHWEST 1 AVENUE (EXCEPT THE MIAMI ARENA), THE F.E.C. RIGHT-OF-WAY AND N.E. 2 AVE. b. Motion No. 88-725 A MOTION DESIGNATING THE AREAS BOUNDED BY N.E. 11TH STREET AND N.W. 1ST AVENUE (EXCEPT THE MIAMI ARENA), AND THE F.E.C. RIGHT-OF-WAY, AS GENERAL COMMERCIAL IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. V Matty Hirai City Clerk September 1, 1988 Page 6 t apologize for any inconveniences and delays your staff have experienced on this issue. Should there be any questions on this matter or additional action is desired or required by this Office, please contact me. JEM/db/M100 cc: Jorge L. Fernandez, City Attorney Robert F. Clark, Chief Deputy City Attorney John J. Copelan, Jr., Deputy City Attorney Herbert Bailey, Assistant City Manager Sergio Rodriguez, Assistant City Manager Joseph McManus, Asst. Dir., Planning Department Guillermo Olmedillo, Planning Department Matthew Schwartz, Deputy Dir., Dept. of Dev. Sylvia Lowman, Deputy City Clerk F i ;F r,t�ar,i 0*0 FLORiDA INTER -OFFICE MEMORANDUM Mattv_ Hirai City Clerk /Jo 1 E. Maxwell ' sistant City Attorney Auqust 11, 1988 City Clerk's Report; City Commission meeting of Julv 21, 1988 Motions 88-724 and 88-725 Motion No. 88-724, as set out in the subject City Clerk Reports, states that it is: A MOTION TO MAINTAIN THE EXISTING DESIGNATIONS IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE AREA BOUNDED BY: N.E. 11 STREET, NORTHWEST 1 AVENUE (EXCEPT THE MIAMI AREA), THE F.E.C. RIGHT-OF-WAY AND NE 2 AVE. (Emphasis Supplied.) The word "designations" was utilized by your Office upon the advice of this Office. However, after extensive review of the minutes, I have reconsidered. It is abundantly clear that the City Commissioner making the motion intended that the existing zoning be maintained for the subject area. Specifically, the conversation went as follows: Mavor Suarez: Well, is there anyone that's here to argue the opposite side of this and is there anyone on this commission that wants to hear all this argument? I am disposed to go ahead and entertain a motion to maintain the existing zoning. Mr. Plummer: So moved. Mr. Dawkins: Second. Second. Page 11, Minutes of July 21, 1988, City Commission Meeting. Based on the aforementioned, Motion No. 88-724 should be amended to read as follows: A MOTION TO MAINTAIN THE EXISTING ZONING IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE AREA BOUNDED BY N.E. 11 STREET, NORTHWEST 1 AVENUE (EXCEPT THE MIAMI AREA), THE F.E.C. RIGHT-OF-WAY AND N.E. 2 AVE. ilk Matty Hirai City Clerk (Emphasis supplied). Auqust 11, 1988 Paqe 2 More problematic is the matter of Motion No. 88-725. As you may recall, the City Commission refused to heed our advice to reconsider Motion No. 88-724 prior to adopting Motion No. 88-725. As presently stated in your Report, Motion No. 88-725 is: A MOTION TO MAINTAIN THE STATUS QUO BY RETAINING EXISTING DESIGNATIONS IN THE MIAMI COMPREHENSIVE PLAN FOR THE AREA BOUNDED BY N.E. 11 STREET, N.W. 1 AVENUE (EXCEPT THE MIAMI AREA), THE F.E.C. RIGHT-OF-WAY AND N.E. 2 AVE. (Emphasis supplied). Paqe 23, Minutes of July 21, 1988, City Commission Meeting. A fair reading of the last comments by the Mayor and Commissioner 'Plummer (page 23 of the minutes) seem to support the wording as presently set forth in Motion No. 88-725. However, the motion was actually made several pages back and is formulated on pages 15 through 17 of the minutes. At that time, the following colloquy occurred: "Mr. Plummer: Well let me ask this. is there a potential flexibility in reverse, leaving it general commercial with the flexibility of building residential if desired? Mayor Suarez: Sure... Mr. Rodriguez: You have that flexibility except that the zoning map that will follow in one year from whenever you approve it, should reflect the commercial classification that you give them. Meaning you have to give them a commercial zoning classification. Mr. Cardenas: No, you... Mr. Plummer: But is there is not a classification in which we can leave it general commercial and still allow for housing? 10 1 Matty Hirai Auqust 11, 1988 Citv Clerk Paqe 3 Mr. Cardenas: Yes. Mr. Rodriquez: You could, definitely. Mr. Plummer: Well, it seem like to me that's the answer, that's the total flexibility. Mr. Cardenas: Yes. Mayor Suarez: As to that area... Mrs. Kennedy: As to this, only. Mr. Rodriquez: That's more flexible, yes. Mr. Plummer: As it relates to this area so designated... Mr. Cardenas: That's correct. Mr. Plummer: ... on the original, not the Al Cardenas expansion. Mayor Suarez: Right. Mr. Cardenas: That's correct. The, let me if I can, briefly... Mayor Suarez: Well, if that reflects Commission consensus as to that area, I'd like to entertain a vote on that so we can get moving on this otherwise we're never going to finish. Mr. Plummer: Well, what would the classification be? Mr. Dawkins: Red. Mr. Cardenas: Red, Commissioner. Mr. Rodriguez: It will be general commercial. UNIDENTIFIED SPEAKER: Financial commercial. ■f ■1 Mattv Hirai August 11, 1988 City Clerk Page 4 Mr. Plummer: General commercial would allow flexibility to have housing. Mr. Rodriguez: Will allow housing. Mr. Cardenas: Red is... Mr. Plummer: I'll so move that. Mr. Rodriguez: For what areas specifically? Mr. Plummer: As desiqnated by - north by llth Street, east by 2nd Avenue, South by the railroad tracks on 6th Street... UNIDENTIFIED SPEAKER: Excuse me, Mr. Plummer, east by Biscayne Boulevard. Mr. Plummer: No, sir. Mayor Suarez: No, we have to talk about that additional area over there and see what that is. Mr. Plummer: No, no, that's not the same. And west by lst Avenue or excluding the... Mayor Suarez: Well, 1st Avenue excluding the Miami Arena. Mr. Plummer: Excluding, of course, the Miami Arena. Mayor Suarez: That's in the form of a motion. Right? Mrs. Kennedy: Second. Mr. Plummer: Yes. Mayor Suarez: Second. Any discussion of that? Call the roll." (Emphasis supplied). Pages 16 and 17, Minutes of July 21, 1988, City Commission Meeting. ..% Matty Hirai b City Clerk August 11, 1988 Page 5 Based upon the foregoing, I am of the opinion that the seconding by Vice -Mayor Kennedy of the motion froze the motion at that instant, although there was much discussion which followed before the vote was actually taken. There was no amendment accepted, nor was one proposed, prior to the roll call vote. Consequently, Motion 88-725 should read: A MOTION DESIGNATING THE AREAS BOUNDED BY N.E. 11TH STREET AND N.W. 1ST AVENUE (EXCEPT THE MIAMI ARENA), AND THE P.E.C. RIGHT OF WAY, AS GENERAL COMMERCIAL IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. Because Motions 88-724 and 88-725 both dealt with identical areas, the actions are repugnant to one another. Thus, the prevailing motion is the latter one, and should govern actions taken by planning staff in attempting to carry out the City Commission's directives. Accordingly, the subject motions would more clearly convey the actions of the City Commission with the following wording: a. Motion No. 88-724 A MOTION TO MAINTAIN THE EXISTING ZONING IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE AREA BOUNDED BY N.E. 11 STREET, NORTHWEST 1 AVENUE (EXCEPT THE MIAMI AREA), THE F.E.C. RIGHT-OF-WAY AND N.E. 2 AVE. b. Motion No. 88-725 A MOTION DESIGNATING THE AREAS BOUNDED BY N.E. 11TH STREET AND N.W. 1ST AVENUE (EXCEPT THE MIAMI ARENA), AND THE F.E.C. RIGHT OF WAY, AS GENERAL COMMERCIAL IN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. I apologize for any inconveniences and delays your staff have experienced on this issue. Should there be any questions on this matter or additional action is desired or required by this Office, please contact me. Matty Hirai City Clerk JEM>db/p624 August 11, 1488 Page 6 cc: Jorge L. Fernandez, City Attorney Robert F. Clark, Chief Deputy City Attorney John J. Copelan, Jr., Deputy City Attorney Herbert Bailey, Assistant City Manager Sergio Rodriguez, Assistant City Manager Joseph McManus, Asst. Dir., Planning Department Guillermo Olmedillo, Planninq Department Matthew Schwartz, Deputy Dir., Dept. of Dev. Sylvia Lowman, Deputy City Clerk