The URL can be used to link to this page

Home My WebLink AboutCC 1997-10-28 MinutesCITY OF MIAM - - T -, ,, - • - /�/ �IIt OF DEFYING HELD ON . OCTOBER 28, 1997 PLANNING AND -ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER J. FOEMAN CITY CLERK INDEX MINUTES OF PLANNING & ZONING MEETING October 28, 1997 ITEM SUBJECT LEGISLATION NO. CONSENT AGENDA. PAGE NO. DISCUSSION 2-5 10/28/97 1.1. APPROVE PURCHASE OF R 97-739 PHARMACEUTICALS FOR FIRE -RESCUE -- 10/28/97 FROM SUNBELT MEDICAL SUPPLY AND WYETH-AYERST LABORATORIES -- ALLOCATE $20,000 FROM ACCT. CODE 001000.280501.6. 714. 1.2. ACCEPT $93,900 CONTRIBUTION FROM R 97-740 METROPOLITAN DADE COUNTY -- FOR 10/28/97 MAYWOOD PARK 9_!NVIRANMffNTAt, ENHANCEMENT PROJECT -- FOR PARKS AND RECREATION. 1.3. APPROVE PAYMENT OF $90,000 TO R 97-741 METROPOLITAN DADE COUNTY -- FOR 10/28/97 VIRGINIA KEY AND OTHER SITE RESTORATION PROJECTS AFTER HURRICANE ANDREW -- ALLOCATE FUNDS FROM CIP PROJECT 336006. 1.4. AUTHORIZE ALLOCATION OF $6,500. FOR R 97-742 PURCHASE OF TAPE RECORDERS -- FOR 10/28/97 POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. 1.5. AUTHORIZE ALLOCATION OF $20,000 FOR R 97-743 PROCUREMENT OF CAMERA EQUIPMENT -- 10/28/97 FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. 1.6. AUTHORIZE ALLOCATION OF $50,000 FOR R 97-744 MISCELLANEOUS INVESTIGATIVE 10/28/97 EQUIPMENT -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. 1.7. AUTHORIZE ALLOCATION OF $8,500 FOR R 97-745 NON -LETHAL WEAPON SYSTEMS AND 10/28/97 RIFLE SCOPES -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. 11 0 N. 6-7 7 7 1.8. AUTHORIZE ALLOCATION OF $40,000 FOR R 97-746 RADAR UNITS AND SPEED WARNING 10/28/97 RADAR TRAILER -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. 1.9. AUTHORIZE CITY MANAGER TO ENTER R 97-747 8 INTO AGREEMENTS WITH YOUTH OF 10/28/97 AMERICA, INC AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION -- FOR COMMERCIAL FACADE AND BUSINESS TECHNICAL ASSISTANCE IN MODEL CITY AND WYNWOOD -- ALLOCATE $25,000 FOR EACH FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 1.10. AUTHORIZE PURCHASE OF R 97-748 9 MICROCOMPUTERS / RELATED NETWORK 10/28/97 PRODUCTS / SOFTWARE AND SERVICES FORM VARIOUS VENDORS -- ALLOCATE $500,000 FROM CIP PROJECT 311015.461301.6.850. 1.11. ACCEPT BID: VENECON, INC. -- FOR R 97-749 9 CITYWIDE EMERGENCY OPERATIONS 10/28/97 CENTER MODIFICATIONS, SECOND BIDDING B-3261 -- ALLOCATE $206.060 FROM CIP PROJECT 313238. 1.12. ACCEPT PLAT: KNIGHT-RIDDER #1. R 97-750 10 10/28/97 2. DISCUSS PROPOSED EMERGENCY DISCUSSION 10 ORDINANCE: ESTABLISH FUND TO ACCEPT 10/28/97 STATE GRANT FUNDS TO REMOVE DERELICT VESSELS FROM MIAMI RIVER AND BISCAYNE BAY -- SEE LABEL 4. 3. DIRECT ADMINISTRATION TO EXECUTE DISCUSSION 11 RESOLUTION APPROVING MARY BRICKELL 10/28/97 STATUE -- FURTHER INSTRUCTING MANAGER TO REFER SAID RESOLUTION TO THE STATE. 4. PROPOSED EMERGENCY ORDINANCE: ORDINANCE 11-12 ESTABLISH FUND TO, ACCEPT STATE 11559 GRANT FUNDS TO REMOVE DERELICT 10/28/97 VESSELS FROM MIAMI RIVER AND BISCAYNE BAY -- SEE LABEL 2. 5. DETERMINE THAT APPLICATION OF R 977751 12-13 BASKETBALL PROPERTIES, LTD. FOR 10/28/97 SALES TAX DISTRIBUTION SERVES PUBLIC PURPOSE. 6. APPROVE USE OF 1009 N.W. 5 AVENUE R 97-752 14-16 CITY PROPERTY AS MUSEUM BY MIAMI 10/28/97 COMMUNITY POLICE BENEVOLENT ASSOCIATION (MCPBA). 7. (A) AUTHORIZE MANAGER TO FIND FUNDS M 97-753 16-18 TO REFURBISH RAINBOW VILLAGE 10/28/97 SUBJECT TO OVERSIGHT BOARD APPROVAL. (B) COMMENTS REGARDING DEFERRAL OF AGENDA ITEM 3 TO LATER IN SESSION (REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) -- SEE LABEL 22. 8. PROPOSED EMERGENCY ORDINANCE: ORDINANCE 18-20 AMEND SECTION 54-16 OF CODE 11560 "PROHIBITION OF VEHICULAR ACCESS" -- 10/28/97 ESTABLISH PROCEDURE AND FINANCIAL RESPONSIBILITY -- FOR ACCESS PROHIBITION TO PUBLIC ALLEYS. 9. RESTRICT VEHICULAR / PEDESTRIAN R 97-754 20-21 ACCESS TO S.W. 3RD AVENUE ALLEY AT 10/28/97 INTERSECTION WITH EASTERLY SIDE OF SOUTHWEST 26 ROAD. 10. PERSONAL APPEARANCE: VEOLA WILLIAMS M 97-755 21-25 TO REQUEST COMPLETION OF HER HOUSE 10/28/97 AT 1457 N.W. 42 STREET -- INSTRUCT ADMINISTRATION TO REVIEW MATTER AND RETURN WITH RECOMMENDATIONS BY NEXT CITY COMMISSION MEETING -- FURTHER RESEARCH BOND STATUS OF DEVELOPER IF SERVICES WERE NOT PERFORMED AS REQUIRED. 11. PROPOSED EMERGENCY ORDINANCE: ORDINANCE 25-26 AMEND SECTION 14-285 AND ARTICLE V OF 11561 CODE -- DESIGNATE DIRECTOR OF 10/28/97 PLANNING AND DEVELOPMENT AS CHIEF EXECUTIVE OFFICER OF COMMUNITY REDEVELOPMENT AGENCY (CRA) -- FURTHER PROVIDING ADDITIONAL STAFF TO CRA. 12. DISCUSS / DEFER TO AFTERNOON DISCUSSION 27 SESSION CONSIDERATION OF AGENDA 10/28/97 ITEM 9 (PROPOSED EMERGENCY ORDINANCE: AMEND ORDINANCE 10021 ESTABLISHING APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND -- PROVIDE INCREASE OF $672,453 TO SAID FUND FROM FORFEITURE ACTIONS) -- SEE LABEL 20. 9 0 13. (A) PROPOSED EMERGENCY ORDINANCE: ORDINANCE AMEND SECTIONS I OF CAPITAL 11562 IMPROVEMENTS ORDINANCE 11337 -- 10/28/97 REVISE / ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS FOR 1997-1998. (B) COMMISSION COMMENTS ON STATUS OF WARRANTY FOR PAINT CONTRACT AT ORANGE BOWL. 14. DIRECT CITY MANAGER TO PERSONALLY DISCUSSION INSPECT ABANDONED HOUSES IN VICINITY 10/28/97 OF N.E. 4 COURT AND 16 STREET NEAR OMNI. 15. AMEND CODE TO PERMIT SALE / ORDINANCE DISPENSING / POSSESSION / 11563 CONSUMPTION OF ALCOHOLIC 10/28/97 BEVERAGES AT FLORIDA EAST COAST (FEC) PROPERTY. 16. PROPOSED EMERGENCY ORDINANCE: ORDINANCE CHANGE SECTIONS OF CODE TO 11564 IMPLEMENT CHARTER AMENDMENT No. 1 10/28/97 AND TO EFFECTUATE PROVISIONS DEALING WITH EXECUTIVE MAYOR AND FIVE SINGLE MEMBER DISTRICTS. 17. PROPOSED FIRST READING ORDINANCE: ORDINANCE AMEND BY-LAWS OF INTERNATIONAL FIRST TRADE BOARD: SOLICIT OUTSIDE FUNDS READING THROUGH INTERNATIONAL BUSINESS AND 10/28/97 INFORMATION CENTER, INC. / ESTABLISH BANK ACCOUNT FOR COLLECTION, SPONSORSHIPS, DISBURSEMENTS OF FUNDS. 18. AUTHORIZE SETTLEMENT: PAY JULIO R 97-756 LOPEZ AS REPRESENTATIVE OF MARIA DE 10/28/97 JESUS CARMONA $40,000. -- FROM SELF- INSURANCE TRUST FUND CODE 424401- 653. 19. RATIFY / APPROVE / CONFIRM CITY R 97-757 MANAGER'S EMERGENCY FINDING -- WAIVE 10/28/97 SEALED BIDS -- APPROVE PURCHASE OF AUTOMATED FINGERPRINTING IDENTIFICATION SYSTEM (AIFS) MAINTENANCE -- FROM PRINTRAK INTERNATIONAL, INC. -- ALLOCATE $50,000 FROM POLICE GENERAL BUDGET CODE 001000.290201.6.670. 28-30 30 30-31 32-33 33-35 35-36 36-38 C 20. PROPOSED EMERGENCY ORDINANCE: AMEND ORDINANCE 10021 ESTABLISHING APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND -- PROVIDE INCREASE OF $672,453 TO SAID FUND FROM FORFEITURE ACTIONS -- SEE LABEL 12. 21. DISCUSS STATUS OF NEGOTIATIONS WITH T.C.I OF MIAMI CABLE TV FRANCHISE -- GRANT 60 DAYS EXTENSION TO DECEMBER 27, 1997 AND CONTINUE INFORMAL NEGOTIATIONS PROCESS -- FURTHER AUTHORIZE CONTRACT EXTENSION WITH EXPERT OUTSIDE COUNSEL (LEBOWITZ) -- ALLOCATE ADDITIONAL FUNDS ($35,000). 22. AUTHORIZE CITY MANAGER TO REALLOCATE $2,880,000 AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME AND CONTINGENCY FUNDS -- FOR ELIGIBLE CDBG ACTIVITIES IN LOW / MODERATE INCOME DEVELOPMENT TARGET AREAS -- SEE LABEL 7B. 23. COMMENTS RECOGNIZING COMMISSIONER GIBSONS' JOB AS INTERIM COMMISSIONER. 24. (A) AUTHORIZE ASSET MANAGEMENT TO START LEASING NEGOTIATIONS WITH GOLDEN SANDS -- FOR JOBS TRAINING PROGRAM TO MOVE FROM DUPONT PLAZA. (B) APPRISING COMMISSION OF ADDITIONAL WAGES FUNDS RECEIVED TO FUND CITY'S WELFARE TO WORK PROGRAM. 25. DISCUSS / CONTINUE TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997 CONSIDERATION OF PZ-1 (PROPOSED OFFICIAL VACATION AND CLOSURE OF PUBLIC RIGHT-OF-WAY -- LOCATION: 1695 N.W. 9 AVENUE -- APPLICANT: JACKSON MEMORIAL HOSPITAL). 26. APPROVE OFFICIAL VACATION AND CLOSURE OF PUBLIC RIGHT-OF-WAY OF ALLEYS LOCATED WITHIN BLOCK BOUNDED BY BRICKELL AVENUE, SE 14 LANE / SE BAYSHORE DRIVE / SE 14 TERRACE -- ZONED SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT -- LOCATION: 1441 BRICKELL AVENUE -- APPLICANT: TERREMARK BRICKELL LI, LTD. 0 ORDINANCE 38-39 11565 10/28/97 M 97-758 10/28/97 R 97-759 10/28/97 40-51 52-56 DISCUSSION 56-57 10/28/97 R 97-760 57-60 10/28/97 M 97-761 10/28/97 R 97-762 10/28/97 60-61 61-63 • 27. TABLE AGENDA ITEM 16 TO LATER IN DISCUSSION 63-64 MEETING (EXECUTE LEASE AND 10/28/97 DEVELOPMENT AGREEMENT WITH HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC.) -- SEE LABEL 46. 28. AMEND R82-716 PERMITTING MULTI -STORY R 97-763 64-65 BUILDING CALLED MIRAMAR -- ALLOW 10/28/97 DOWNSIZING OF PROJECT TO 471 UNITS AND TWO VARIANCES -- FURTHER REQUESTING WAIVER OF CITY'S PARKING GUIDES AND STANDARDS -- LOCATION: 1744-1756 NORTH BAYSHORE DRIVE -- APPLICANT: SYNCHRON PARKING SYSTEMS, INC., TIBOR HOLLO, PRESIDENT. 29. (A) REVERSE ZONING BOARD DECISION R 97-764 66-70 DENYING VARIANCE AS LISTED IN 10/28/97 ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, TO PERMIT REAR YARD SETBACK OF 5'-8" FOR EXISTING MULTIFAMILY STRUCTURE -- ZONED R-2 TWO-FAMILY RESIDENTIAL -- LOCATION: 1273 N.W. 24 STREET -- APPLICANT: JULIAN AND KATHLEEN GARCIA. (B) COMMENTS REGARDING NEED TO ENSURE THAT MITIGATION OF FINES BY CODE ENFORCEMENT BOARD IS NOT DONE FREELY. 30. DISCUSS / CONTINUE CONSIDERATION OF M 97-765 70-73 PZ-5 (APPEAL OF ZONING BOARD DECISION 10/28/97 DENYING VARIANCE FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE- FAMILY RESIDENTIAL, TO PERMIT STRUCTURE WITH REAR YARD SETBACK OF 3'-0" -- FOR EXISTING ADDITION TO SINGLE FAMILY RESIDENCE -- ZONED R-1 SINGLE FAMILY RESIDENTIAL -- LOCATION: 2615 S.W. 20 STREET -- APPLICANT: OLIVER DE CAMPOAMOR) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. 31. DISCUSS / CONTINUE CONSIDERATION OF PZ6 (APPEAL OF ZONING BOARD DECISION DENYING VARIANCES FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, TO PERMIT STRUCTURE WITH REAR YARD SETBACK OF 5'2" / TO WAIVE PARKING SPACES / TO PERMIT LANDSCAPE AREA OF 67 SO. FT. / TO PERMIT DRIVEWAY 2'5" FROM SIDE OF PROPERTY LINE FOR EXISTING MULTIFALMILY UNITS -- ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL -- LOCATION: 315 S.W. 10 AVENUE -- APPLICANT: FELIPE AND CLARA BOUZA) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. 32. DISCUSS / CONTINUE CONSIDERATION OF PZ7 (APPEAL OF ZONING BOARD DECISION GRANTING SPECIAL EXCEPTION TO ALLOW TAVERN (ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS) -- ZONED C-1 RESTRICTED COMMERCIAL -- LOCATION: 1673 N.W. 27 AVENUE -- APPLICANT: VIA DEL RIO RESTAURANT -- APPELLANTS: HOME OWNERS AND BUSINESS OWNERS OF 375 RADIUS OF 1673 N.W. 27 AVENUE) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. 33. DISCUSS / CONTINUE CONSIDERATION OF PZ-8 (APPEAL OF ZONING BOARD DECISION DENYING VARIANCES FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO- FAMILY RESIDENTIAL, TO PERMIT STRUCTURE WITH REAR YARD SETBACK OF 3'1" / TO WAIVE ONE REQUIRED PARKING SPACE / TO PERMIT OVERHANG FOR EXISTING SECOND UNIT ADDITION -- ZONED R-2 TWO-FAMILY RESIDENTIAL -- LOCATION: 1873 N.W. 33 STREET -- APPLICANT: ANGEL RODRIGUEZ) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. M 97-766 10/28/97 M 97-767 10/28/97 M 97-768 10/28/97 74-75 75-78 79-87 • • 34. GRANT APPEAL OF ZONING BOARD DECISION DENYING APPEAL OF CLASS II SPECIAL PERMIT APPLICATION #97-0073 APPROVED WITH CONDITIONS BY PLANNING AND DEVELOPMENT ON JUNE 11, 1997 -- FOR DEVELOPMENT ON PROPERTY LOCATED BETWEEN BISCAYNE BAY AND FIRST DEDICTATED RIGHT-OF- WAY PURSUANT TO PROVISIONS AND STANDARDS CONTAINED IN SECTION 1305 OF ORDINANCE 11000 -- LOCATION 3031 BRICKELL AVENUE -- APPLICANT: ADRIENNE ARSHT AND MYER FELDMAN -- APPELLANT: DEAN ZIFF AND V. NAGYMIHALY. 35. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 7, HP HISTORIC PRESERVATION OVERLAY DISTRICTS FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS TO CHANGE ZONING ATLAS -- LOCATION: 1548 BRICKELL AVENUE (THE GEORGE NOLAN HOUSE) -- APPLICANT: GEORGE E. NOLAN, JR. ET AL. -- SEE LABEL 43. 36. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 105441 FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL TO CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2734 S.W. 16 STREET -- APPLICANT: ALFREDO H I DALG O. 37. PROPOSED FIRST READING ORDINANCE: CHANGE ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL -- LOCATION: 2734 S.W. 16 STREET-- APPLICANT: ALFREDO HIDALGO. 38. PROPOSED SECOND READING ORDINANCE: AMEND CHAPTER 4 OF CODE TO ADD EXCEPTION FOR ALCOHOLIC BEVERAGE ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT. R 97-769 10/28/97 ORDINANCE 11566 10/28/97 ORDINANCE FIRST READING 10/28/97 ORDINANCE FIRST READING 10/28/97 ORDINANCE 11567 10/28/97 87-104 105 106-107 107-108 108-109 E 39. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 11, SECTION 1101.5 TO PROVIDE EXCEPTION CLAUSE FOR ALCOHOL BEVERAGE ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT. 40. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602 "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT' TO MODIFY SECTION 602.10.4 "OFF -SITE PARKING" TO INCLUDE PORTION OF ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT. 41. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602.11 TO MODIFY SIGN REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT ALLOWING FREE-STANDING DIRECTIONAL SIGNS -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMNENT. 42. BRIEFLY DISCUSS / TABLE TO LATER IN SESSION CONSIDERATION OF PZ17 (PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602.4.1.3 "SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE" TO MODIFY EXISTING PROVISIONS TO ALLOW SAID USES WITHIN DISTRICT -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT) -- SEE LABEL 44. 43. (A) RECONSIDER AGENDA ITEM PZ10 -- SEE LABEL 35 (B) PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 7, HP HISTORIC PRESERVATION OVERLAY DISTRICTS FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS TO CHANGE ZONING ATLAS -- LOCATION: 1548 BRICKELL AVENUE (THE GEORGE E. NOLAN HOUSE) -- APPLICANT: GEORGE E. NOLAN, JR. ET AL. -- SEE LABEL 35. ORDINANCE 11568 10/28/97 M 97-770 10/28/97 ORDINANCE 11569 10/28/97 DISCUSSION 10/28/97 M 97-771 ORDINANCE 11570 10/28/97 109-110 110-111 112-113 113-118 44. CONTINUE TO PLANNING ZONING MEETING M 97-772 118-119 OF NOVEMBER 25, 1997 CONSIDERATION 10/28/97 OF PZ-17 (PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602.4.1.3 "SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE" TO MODIFY EXISTING PROVISIONS TO ALLOW SAID USES WITHIN DISTRICT -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT) -- SEE LABEL 42. 45. DISCUSS / CONTINUE TO PLANNING AND M 97-773 119-124 ZONING MEETING OF NOVEMBER 25, 1997 10/28/97 CONSIDERATION OF PZ18 (PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 9, SECTION 920.2.2 "PARKING OR STORAGE OF MAJOR RECREATIONAL EQUIPMENT AS AN ACCESSORY USE IN RESIDENTIAL DISTRICTS" TO SET FORTH REGULATIONS ALLOWING STORAGE OF SAID VEHICLES IN FRONT YARDS, CONDITIONALLY -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT). 46. AUTHORIZE CITY MANAGER TO EXECUTE R 97-774 124-130 LEASE AND DEVELOPMENT AGREEMENT 10/28/97 WITH GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC. -- FOR PLANNING / DESIGN / CONSTRUCTION / LEASING / MANAGEMENT OF COMMERCIAL AND RECREATIONAL FACILITY ON 13.55 ACRE SITE ON DINNER KEY FOR 40 YEARS -- FURTHER REQUIRING LESSEE TO MAKE $5,000,000 MINIMUM INVESTMENT AND $300,000 MINIMUM LEASE PAYMENT WITH RENT ESCALATION PROVISION) -- SEE LABEL 27. 47. DIRECT CITY MANAGER TO DISCUSS DISCUSSION 130-138 TERMS / CONDITIONS WITH CITY 10/28/97 ATTORNEY AND ALAMILLA AND ASSOCIATES REGARDING POSSIBLE LEASE OF PROPERTY AT 1000 SOUTH MIAMI AVENUE (FIREHOUSE FOUR RESTAURANT). 48. BRIEFLY DISCUSS PROPOSAL TO DISCUSSION 138 PURCHASE WATSON BUILDING. 10/28/97 ! • 49. (A) AMEND RESOLUTION 97-638 -- GRANT R 97-775 SIX MONTH RENT ABATEMENT TO M 97-776 SHAUNDA'S HAIR AND NAIL STUDIO, INC -- 10/28/97 FOR LICENSEE TO REMODEL SPACE 111 AT OVERTOWN SHOPPING CENTER LOCATED AT 1390 N.W. 3 AVENUE. (B) GRANT SIX MONTH RENT ABATEMENT TO BUSINESSES RENTING FROM CITY AT OVERTOWN SHOPPING CENTER (1390 N.W. 3 AVENUE). 50. DIRECT ADMINISTRATION TO FIND PRIVATE DISCUSSION FUNDS TO IMPLEMENT STREET 10/28/97 CODESIGNATIONS (RATCLIFFE / DOBBS / COHEN)-- SEE LABEL 52. 51. DIRECT ADMINISTRATION TO ASSIST MIAMI M 97-777 NORTHWESTERN SENIOR HIGH SCHOOL 10/28/97 WITH REQUEST FOR FEE WAIVERS -- FOR USE OF ORANGE BOWL FOR ANNUAL SOUL BOWL '97 FOOTBALL GAME SCHEDULED FOR NOVEMBER 7, 1997. 52. A. APPROVE STREET CODESIGNATION OF R 97-778 N.W. 10 AVENUE FROM 67 STREET TO N.W. R 97-779 71 STREET TO "IDA T. RATCLIFFE AVENUE". R 97-780 B. APPROVE STREET CODESIGNATION OF 10/28/97 N.W. 71 STREET FROM N.W. 7 AVENUE TO N.W. 12 AVENUE TO "D. H. BOBBS STREET". C. APPROVE STREET CODESIGNATION OF N.W. 67 STREET FROM N.W. 10 AVENUE TO N.W. 12 AVENUE TO "SAMUEL O. COHEN".-- SEE LABEL 50. 53. ALLOCATE $25,000 GRANT TO ATHALIE R 97-781 RANGE FOUNDATION FROM LAW 10/28/97 ENFORCEMENT TRUST FUND. 54. DISCUSS / CONTINUE TO COMMISSION MEETING OF NOVEMBER 25, 1997 REQUEST FROM CATHOLIC COMMUNITY SERVICES REGARDING RENTAL FEE AT MANUEL ARTIME CENTER -- FURTHER INSTRUCTING ADMINISTRATION TO ALLOW GROUP TO REMAIN AT ARTIME CENTER. 55. DIRECT CITY MANAGER AND CITY ATTORNEY TO APPRISE CLARK COOK OF NEED TO ALLOW REPRESENTATIVES FROM U.N.I.T.E. (UNION OF NEEDLETRADES, INDUSTRIAL AND TEXTILE EMPLOYEES) TO MEET WITH OFF-STREET PARKING EMPLOYEES. DISCUSSION 10/28/97 DICUSSION 10/28/97 139-141 141-143 143-144 145-148 148-149 149-150 150-152 0 56. APPROVE REIMBURSEMENT OF R 97-782 152-154 ATTORNEYS FEES SUBJECT TO PROPER R 97-782.1 DOCUMENTATION -- FOR OUTSIDE 10/28/97 COUNSEL DEFENSE OF TWO POLICE OFFICERS (AGUILAR AND AGUERO). 57. EMERGENCY ORDINANCE: AMEND ORDINANCE 154-158 SECTION 53-152 OF CODE "RATES AND 11571 CHARGES" TO REDUCE USER FEES AT 10/28/97 COCONUT GROVE EXHIBITION CENTER FOR NON-PROFIT GROUPS. 58. APPROVE REVISED CITY.'S FIVE-YEAR R 97-783 158-159 FINANCIAL PLAN FOR FISCAL YEAR 1998 10/28/97 THROUGH 2O02. 59. COMMENTS FROM CITY ATTORNEY DISCUSSION 159 REGARDING HIS REQUEST FOR FLORIDA 10/28/97 BAR ASSOCIATION OPINION SEEKING TO PROTECT CONFIDENTIALITY OF SETTLEMENTS ABOVE $4,500 FROM OVERSIGHT BOARD. 60. COMMISSIONER GORT ACKNOWLEDGES / DISCUSSION 160 THANKS COMMISSIONER GIBSON FOR 10/28/97 INTERIM SERVICE IN CITY COMMISSION -- SEE LABEL23. MINUTES OF THE PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of October, 1997, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:04 a.m. by Vice Mayor Tomas Regalado with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Vice Mayor Tomas Regalado Commissioner J.L. Plummer, Jr. Commissioner Thelma V.A. Gibson Edward Marquez, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Mayor Joe Carollo Commissioner Wifredo Gort An invocation was delivered by Commissioner Gibson who then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Prior to the beginning of the meeting, Administration had withdrawn the following agenda items: 6, 13. NOTE FOR THE RECORD: Vice Mayor Regalado notifies the Commission that Mayor arollo will be delayed due to parade preparations. The Commission will recess around 10:00 a.m. for Marlins parade. October 28, 1997 • C NOTE FOR THE RECORD: Commissioner Gort enters the Commission chamber at 9:06 a.m. Vice Mayor Regalado: Before we begin, the Mayor is taking care of the last details of the parade that the City of Miami is organizing with Dade County. For that reason, all the members of this Commission will he attending the ceremony in the AT&T Amphitheater in Bayfront. So we, around ten o'clock, will recess and come back, if it's OK with you Thelma, J.L., three o'clock? Commissioner Gibson: Three o'clock is fine. Vice Mayor Regalado: Because the parade will end around two, after the... Commissioner Plummer: "Mas o menos." Vice Mayor Regalado: "Mas or menos." Well, probably four or six. But we... So we'll work. The Mayor should be here in a few minutes, but I know that he has to leave around ten. So all the members of this Commission, we're supposed to be there. Commissioner Plummer: Mr. Vice Mayor, I think that we should not go any later than ten, because of the traffic problem..: Vice Mayor Regalado: Absolutely... Commissioner Plummer: ... of getting down there. Vice Mayor Regalado: No, that's what I said. We need to be there early because... at ten -thirty. Let me remind you, J.L., at ten -thirty; the Biscayne Boulevard will be closed. So we have to leave here before, so we don't get... Commissioner Plummer: That's fine. ------------------------------------------------------------------------------------------------------7--------- 1. CONSENT AGENDA. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: First item is the consent agenda. I will offer the consent agenda to the members of the Commission and... Commissioner Plummer: Mr. Vice Mayor, I have no items to be pulled at this time. Vice Mayor Regalado: I don't either, except for discussion matters. Commissioner Plummer: The policy - and we can change it, if you need it - is that any matter pulled is automatically placed over to the next agenda as a regular item. Vice Mayor Regalado: I don't need to pull any item, although I really want an explanation on number 9. We have... This is the facade and business technical assistance. The only question that I have is what part is going to business and what part is going to facade? 2 October 28, 1997 L -I is Commissioner Plummer: Mr. Manager? Vice Mayor Regalado: Mr. City Manager? Commissioner Plummer: Item CA-9. Vice Mayor Regalado: CA-9? Commissioner Gibson: The Wynwood... Mr. Edward Marquez (City Manager): Commission on this. Mr. Nachlinger will come up and address the Commissioner Plummer: Since a member of the public is standing there, you want... Oh, you're going to answer it? Mr. Vice Mayor? Vice Mayor Regalado: Yes, sir. Commissioner Plummer: They're asking that you repeat your question. Vice Mayor Regalado: The question is, how much will go, of this twenty-five thousand dollars ($25,000), for facade or how much will go to business technical assistance? Mr. Elbert Waters (Director, Community Development): Mr. Vice Mayor, I'm hoping you can hear me. The twenty-five thousand dollars ($25,000) that's being proposed is for administrative purposes. Assuming that the... if the Commission so desires to approve this item, then that... those CBOs (community -based organizations) will work with various different business owners within their respective communities, entice them to participate in the facade improvement program, and then monies out of the account from commercial facade improvement will be used to assist those businesses in improving their establishments. Vice Mayor Regalado: All right. Mr. Cruz. Mr. Mariano Cruz: OK, go ahead. Mariano Cruz, 1227 Northwest 26th Street. I am talking on Item 8. I could be talking on any other ones there on the Police Department, but this is specifically. When they're talking about warning radar trailer, maybe they could put that warning radar trailer on 29th Street, between 5th, 3rd Avenue and 2nd Avenue there, by Aneida Hunter (phonetic) School, because yesterday I went around there, and I didn't know that the school was open or anything, because there's no flashing lights or anything, or signs. And I get a ticket there. And I didn't argue with the officer or anything, because he told me that I should have seen that. He waits until went by to give me the ticket. Like I work in other place and they got flashing lights. You go Riverside, you go Citrus Grove, any place, they got warning lights, flashing lights. And I go to Central Florida, Eloise Elmentary School, Lakewoods Elementary, they all got warning lights. But you go there, and they... Officer Rodriguez, in a bicycle there, a bicycle officer, he wait until I commit the violation to give me the ticket. So that's not solving the problem. He let... he wrote 20, 25 miles an hour. So I'd like to see... I am for buying those radar warning trailers, or something to put in there, instead of flashing lights. That way, the people will be warned. And he's sandbagging in the station there. I didn't tell him that he was sandbagging. Because the last time I told an officer that he was sandbagging, he arrest me. He didn't like it. So I didn't say anything because I have a lot of things to do, and that's one of the reasons I am here today. Maybe they could put flashing lights there and solve the problem there. Because that's why people get cynical about the Police Department. When they go there... I have a lawyer, I have a lawyer on retainer, Maria Denis (phonetic). I have... I am one of the few 3 October 28, 1997 people around my neighborhood that can afford to have a lawyer. I pay so much every two weeks to have a lawyer, and I will go and see her, and maybe we can sue the department... Vice Mayor Regalado: Thank you. Mr. Cruz: ... like everybody is doing. Vice Mayor Regalado: Any response? Bobby Cheatham (Assistant Chief of Police): Yeah, Mr. Vice Mayor, I'll get with him and we'll look into it, and we'll send you all a report. Vice Mayor Regalado: Thank you very much. Mr. Gonzalez. Mr. Manuel Gonzalez-Goenaga: Good morning. My name is Manuel Gonzalez- Goenaga and not Mr. Boom -Boom anymore, because I am an Indian, and I feel sorry, but I have to congratulate the people from Miami. And also, there was some Puerto Rican representation and Hispanic representation from Colombia, and even a brother of the Cuban revolution. What I see here is more money, more money for the police. They don't have enough tape recorders, camera equipment, investigative equipment, non -lethal weapon. Well, I'm in favor of that. Lethal weapons is... they don't need it. And rifle scopes. Well, I'm scared. If they're going to use rifles now, then we are in deep trouble. The issue is, my friends, always something new, always additional expenses for the police, who carries most of the budget of this City. And on top of that, police brutality continues. I... There are many types and many variations and modalities of police brutality. And this Police Department, even though they always act in act of complacency. And let's face it, let's talk the truth. Let's bring out the good, the bad, and the ugly of the Police Department in that annual report. Thank you very much. Vice Mayor Regalado: Thank you. Commissioner Plummer: Mr. Vice Mayor, I move the consent agenda. Vice Mayor Regalado: Yes. The consent agenda has been moved by Commissioner Plummer, second by Commissioner Gibson. All in favor, signify by saying "aye." NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WAS DETERMINED THAT ANY CONSENT AGENDA ITEM, WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED, AS A REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER GIBSON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: 4 October 28, 1997 E AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo 1.1. APPROVE PURCHASE OF PHARMACEUTICALS FOR FIRE -RESCUE -- FROM SUNBELT MEDICAL SUPPLY AND WYETH-AYERST LABORATORIES -- ALLOCATE $20,000 FROM ACCT. CODE 001000.280501.6,714. RESOLUTION NO. 97-739 A RESOLUTION APPROVING THE PURCHASE OF PHARMACEUTICALS FOR THE DEPARTMENT OF FIRE -RESCUE FROM SUNBELT MEDICAL SUPPLY AND WYETH-AYERST LABORATORIES, UNDER EXISTING DADE COUNTY CONTRACT NO. 553-1/97-OTR, FOR A ONE (1) YEAR PERIOD, AT A TOTAL PROPOSED COST OF $20,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.280501.6.714; AUTHORIZING THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDER FOR SAID PHARMACEUTICALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.2. ACCEPT $93,900 CONTRIBUTION FROM METROPOLITAN DADE COUNTY -- FOR BAYWOOD PARK ENVIRONMENTAL ENHANCEMENT PROJECT -- FOR PARKS AND RECREATION. RESOLUTION NO. 97-740 A RESOLUTION, WITH ATTACHMENT, ACCEPTING A CONTRIBUTION, IN THE AMOUNT OF $93,990, FROM METROPOLITAN DADE COUNTY FOR CONSTRUCTION COSTS ASSOCIATED WITH THE BAYWOOD PARK ENVIRONMENTAL ENHANCEMENT PROJECT FOR THE DEPARTMENT OF PARKS AND RECREATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT SAID CONTRIBUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 October 28, 1997 1.3. APPROVE PAYMENT OF $90,000 TO METROPOLITAN DADE COUNTY -- FOR VIRGINIA KEY AND OTHER SITE RESTORATION PROJECTS AFTER HURRICANE ANDREW -- ALLOCATE FUNDS FROM CIP PROJECT 336006. RESOLUTION NO. 97-741 A RESOLUTION APPROVING THE PAYMENT OF FUNDS TO METROPOLITAN DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $90,000.00, FOR SERVICES ASSOCIATED WITH VIRGINIA KEY AND OTHER SPECIAL SITE RESTORATION PROJECTS IDENTIFIED AS A RESULT OF HURRICANE ANDREW; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, PROJECT NO. 336006, FOR SAID SERVICES, SAID FUNDS TO BE FULLY REIMBURSED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.4. AUTHORIZE ALLOCATION OF $6,500. FOR PURCHASE OF TAPE RECORDERS -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. RESOLUTION NO. 97-742 A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $6,500.00, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PURCHASE OF TAPE RECORDERS, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.5. AUTHORIZE ALLOCATION OF $20,000 FOR PROCUREMENT OF CAMERA EQUIPMENT -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. RESOLUTION NO. 97-743 A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $20,000.00, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF CAMERA EQUIPMENT, SUCH EXPENDITURE, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." 6 October 28, 1997 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.6. AUTHORIZE ALLOCATION OF $50,000 FOR MISCELLANEOUS INVESTIGATIVE EQUIPMENT -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. RESOLUTION NO. 97-744 A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000.00, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF MISCELLANEOUS INVESTIGATIVE EQUIPMENT, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.7. AUTHORIZE ALLOCATION OF $8,500 FOR NON -LETHAL WEAPON SYSTEMS AND RIFLE SCOPES -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. RESOLUTION NO. 97-745 A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $8,500.00, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF NON -LETHAL WEAPON SYSTEMS AND RIFLE SCOPES, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 October 28, 1997 1.8. AUTHORIZE ALLOCATION OF $40,000 FOR RADAR UNITS AND SPEED WARNING RADAR TRAILER -- FOR POLICE -- FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. RESOLUTION NO. 97-746 A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $40,000.00, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF RADAR UNITS AND A SPEED WARNING RADAR TRAILER, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.9 AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENTS WITH YOUTH OF AMERICA, INC AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION -- FOR COMMERCIAL FACADE AND BUSINESS TECHNICAL ASSISTANCE IN MODEL CITY AND WYNWOOD -- ALLOCATE $25,000 FOR EACH FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. RESOLUTION NO. 97-747 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH YOUTH OF AMERICA, INC. AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, IN THE AMOUNT OF $25,000.00 EACH, FOR A SIX-MONTH PERIOD, FROM JANUARY 12, 1998 TO JUNE 30, 1998, FOR THE PURPOSE OF PROVIDING COMMERCIAL FACADE AND BUSINESS TECHNICAL ASSISTANCE WITHIN THE MODEL CITY AND WYNWOOD NEIGHBORHOODS, RESPECTIVELY; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 8 October 28, 1997 1.10. AUTHORIZE PURCHASE OF MICROCOMPUTERS / RELATED NETWORK PRODUCTS / SOFTWARE AND SERVICES FORM VARIOUS VENDORS -- ALLOCATE $500,000 FROM CIP PROJECT 311015.461301.6.850. RESOLUTION NO. 97-748 A RESOLUTION AUTHORIZING THE ACQUISITION OF MICROCOMPUTERS, RELATED NETWORK PRODUCTS, SOFTWARE AND SERVICES FROM VARIOUS VENDORS, FOR CITY OFFICES, INCLUDING BUT NOT LIMITED TO CITY HALL AND NET OFFICES, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NOS. 250-040-96-1, 973-502-97-1 AND 252-001-97.-1, AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059- 2/98-OTR-CW AND 1941-2/96-054-CW, AT A TOTAL PROPOSED AMOUNT OF $500,000.00; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311015.461301.6.850, AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.11. ACCEPT BID: VENECON, INC. -- FOR CITYWIDE EMERGENCY OPERATIONS CENTER MODIFICATIONS, SECOND BIDDING B-3261 -- ALLOCATE $206.060 FROM CIP PROJECT 313238. RESOLUTION NO. 97-749 A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE PROPOSED AMOUNT OF $158,000.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED: "CITYWIDE EMERGENCY OPERATIONS CENTER MODIFICATIONS, SECOND BIDDING, B-3261"; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313238, AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, TO COVER THE CONTRACT COST OF $158,000.00 AND OF $48,060.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $206,060.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9 October 28, 1997 1.12. ACCEPT PLAT: KNIGHT-RIDDER #1. RESOLUTION NO. 97-750 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED: KNIGHT-RIDDER #1, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ---------------------------------------------------------------------------------------------------------------- 2. DISCUSS PROPOSED EMERGENCY ORDINANCE: ESTABLISH FUND TO ACCEPT STATE GRANT FUNDS TO REMOVE DERELICT VESSELS FROM MIAMI RIVER AND BISCAYNE BAY -- SEE LABEL 4. Vice Mayor Regalado: Before we continue, last meeting, I offered a pocket item. It was passed. It's about the derelict vessels in the Miami River. This pocket item was meant to be passed as an emergency pocket ordinance that required two roll calls, but only received one. So I understand that, Mr. City Clerk, we do need another roll call in order to implement... Commissioner Plummer: Second the motion. Walter Foeman (City Clerk): It also needs to be read, the ordinance. Vice Mayor Regalado: Right. I don't know if the City Attorney has it. Commissioner Plummer: He doesn't. Vice Mayor Regalado: I will have it for you... Commissioner Plummer: You'll have to get a copy. Vice Mayor Regalado: ... in a few minutes. I'm sure that it will... we will have it. 10 October 28, 1997 ---------------------------------------------------------------------------------------------------------------- 3. DIRECT ADMINISTRATION TO EXECUTE RESOLUTION APPROVING MARY BRICKELL STATUE -- FURTHER INSTRUCTING MANAGER TO REFER SAID RESOLUTION TO THE STATE. Vice Mayor Regalado: We're on item... Commissioner Plummer: Mr. Vice Mayor, if I may. Vice Mayor Regalado: Sure. Commissioner Plummer: Mr. Manager, I received a call from the people who are doing the statue for Mary Brickell, and they are on a time frame that needs to be expedited. And they gave me the resolution number, 63 something. I don't think there's anybody that would be opposed to that, and I would like in the afternoon agenda that that matter come before the City Commission on an emergency basis, so we can pass it and they can proceed with that. Vice Mayor Regalado: But we already did. Mr. Jim Kay (Interim Director, Public Works): It was passed. What they're interested in is getting the resolution fully executed and to the State of Florida, to get a permit. Commissioner Plummer: That's exactly what I said. I mean, "What can we do to assist them?" is what I'm actually asking. Mr. Edward Marquez (City Manager): We'll take care of it, sir. Commissioner Plummer: OK, thank you. ---------------------------------------------------------------------------------------------------------------- 4. PROPOSED EMERGENCY ORDINANCE: ESTABLISH FUND TO, ACCEPT STATE GRANT FUNDS TO REMOVE DERELICT VESSELS FROM MIAMI RIVER AND BISCAYNE BAY -- SEE LABEL 2. A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor, I have a copy of the ordinance... Vice Mayor Regalado: Yes, that's the one. Thank you very much. Mr. Jones: Would you like me to read it? Vice Mayor Regalado: Yes, absolutely. Call the roll. 11 October 28, 1997 An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "DERELICT VESSEL REMOVAL GRANT AWARD PROGRAM FY '97-'98"; APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $27,389.00; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Mayor Regalado and seconded by Commissioner Plummer, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Regalado and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11559. 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. ---------------------------------------------------------------------------------------------------------------- 5. DETERMINE THAT APPLICATION OF BASKETBALL PROPERTIES, LTD. FOR SALES TAX DISTRIBUTION SERVES PUBLIC PURPOSE. Vice Mayor Regalado: OK. We are ready to... I think, the Commission, we are ready to accept these funds from the State of Florida to proceed with the cleaning of the Miami River. We are on item number 2. Any comments from the public? Any comments from the members of the Commission? 12 October 28, 1997 Commissioner Plummer: Well, all we're doing is recommending, am I... Mr. Edward Marquez (City Manager): We're saying that the Arena in Downtown Miami is a public purpose. This allows them to go seek sales tax reimbursements from the State. Commissioner Plummer: All right. Can you wait one second? I need to ask the City Attorney something. Vice Mayor Regalado: Sure. Sure, no problem. Commissioner Plummer: I have no problem, Mr. Vice Mayor. I'll move it. Vice Mayor Regalado: OK. It's been moved by Commissioner Plummer. Commissioner Gibson: Second. Vice Mayor Regalado: Second by Commissioner Gibson. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-751 A RESOLUTION DETERMINING THAT THE APPLICATION BY BASKETBALL PROPERTIES, LTD. TO THE STATE OF FLORIDA TO BE PAID SALES TAX REVENUES BY THE STATE OF FLORIDA PURSUANT TO SECTION 212.20, FLORIDA STATUTES, SERVES A PUBLIC PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V.A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo 13 October 28, 1997 ---------------- ----------------------------------------------------------------------------------------------- 6. APPROVE USE OF 1009 N.W. 5 AVENUE CITY PROPERTY AS MUSEUM BY MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION (MCPBA). Vice Mayor Regalado: We are taking item 19. This is an item placed by Commissioner Gibson. Commissioner Gibson: This is the police thing. I don't want them to have to come back this afternoon because they're here. Vice Mayor Regalado: Right. Commissioner Gibson: Father Barry is here. And, you know, you're going to talk about this item. Item 19 is the police. Vice Mayor Regalado: OK. Dena Bianchino (Assistant Director, Asset Management): Pursuant to our last... your last meeting and the direction given us at the last meeting, we have met with the organization, and have come up with a program to develop the property into a museum. The way that we need to do it is that the City will maintain ownership of the property. We will issue a revocable license to the Miami Community Police Benevolent Association to operate a museum. We have already started the historic preservation process on the building. The organization is responsible for obtaining funding for this project, and they will be applying for Community Development capital improvement funds this year. We just wanted to memorialize this with the City Commission so that we can move forward and issue a license. Commissioner Plummer: Dena, I have no problem with that, but there's one other proviso that has to be in there. That they shall at all times maintain adequate liability insurance. OK? Now... and this doesn't speak to them, but to in general. The City has not been, in my estimation, forceful enough to say that if we revoke your permit that, bye-bye. OK? Now, Mr. City Attorney, as you know, I'm upset about the fact of two or three cases in which we have had... and most graciously, to the benefit of the individual, that they get what they want, and at the time, they agree that we will vacate, City, when you tell us to vacate. And yet, when we tell them to live up to their end of the agreement, they take us to court and say, we're not leaving. So I think that we need to start some process to better enforce what we are agreeing to on both sides of the fence. Now, it's a revocable permit. I only have one question. If they're going to be doing improvements... normally we do around here a 30-day revocable permit. And if they're going to be putting a lot of blood, sweat and tears and dollars, I question that it's feasible or intelligent to do a 30-day revocable. So I have to ask you, is a revocable 30 days, is it six months? What is it going to be? Ms. Bianchino: It's normally a 30-day rolling permit. There have been instances, however, where the City has put a term on a permit. So it's a revocable permit that can be done away with on any 30-day period, but we can give a term, say for a year or... to give them comfort. Commissioner Plummer: Well, I would rather see a revocable permit on six months, or even twelve months. Ms. Bianchino: I don't believe we can do that. 14 October 28, 1997 A. Quinn Jones, III, Esq. (City Attorney): Let me... The revocable permit, by it's very nature, as you well know, means you can revoke it at your discretion. I mean to start... You know, I advised this Commission some years ago of the problems inherent with placing terms on revocable permits, because what you start doing then is somehow placing it in a posture of being a lease, which attaches greater significance and greater rights. So that's why you have a revocable permit, so that you can revoke it at the will of... at your will. When you start placing a term on it, then you create another legal monster, which creates an even greater problem for you, and we've been down that path many, many times. Commissioner Plummer: So what you're saying is, that is better than what I've been saying, is that you don't set a term, you just say, hey, it's revoked. Mr. Jones: That's correct. Commissioner Plummer: OK. Other than that, I have no problem. Commissioner Gibson: I move that we accept... Commissioner Plummer: OK. And I second it. I want to put one other proviso, Father, in there, and that is that in granting this here today, that you don't have any absolute guarantee of any amount or any funds from CDBG (Community Development Block Grant). You probably will, but I don't want it to be implied that because you're getting a permit, that it is a vested interest. I just want that understood. Father Richard Barry: They have begun to do the... Vice Mayor Regalado: Father, could you... Father Barry: They've already begun to... Commissioner Plummer: Father Barry, since we don't know who you are for the record... Father Barry: I'm Richard Barry. They have already begun the process to make application for funds through the City and the County. I think those papers are due on the 30th, I believe. Right? They've already begun that process. Commissioner Plummer: OK. But what I'm saying to you, and I know you understand what I'm saying, is just because they're getting a permit to do this, that it doesn't absolutely guarantee that they're going to get CDBG. Father Barry: Yes, I'm sure they understand that. Commissioner Plummer: I second the motion. Vice Mayor Regalado: OK. There is a motion by Commissioner Gibson, second by Commissioner Plummer. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 15 October 28, 1997 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 97-752 A RESOLUTION (Pending the Law Department.) (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 Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: I None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 7. (A) AUTHORIZE MANAGER TO FIND FUNDS TO REFURBISH RAINBOW VILLAGE SUBJECT TO OVERSIGHT BOARD APPROVAL. (B) COMMENTS REGARDING DEFERRAL OF AGENDA ITEM 3 TO LATER IN SESSION (REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) -- SEE LABEL 22. ---------------------------------------------------------------------------------------------------------------- Commissioner Gibson: While Father Barry is there, he had sent us all a letter requesting thirty- five thousand dollars ($35,000) of CDBG (Community Development Block Grant) funds. For what, Father? Tell us about that while you're there. Father Richard Barry: Thank you: I requested a one-time grant of thirty-five thousand dollars ($35,000) from that fund to rehab some apartments acquired through the City for St. Agnes Rainbow Village in 1994. When the City turned that property over to us, there were tenants in the building who carried us to court and drug the process out over some four years. And when 16 October 28, 1997 the court decided against them, they damaged the building quite badly. And what I'm asking the City for is a one-time grant of thirty-five thousand to rehab that building, put it back on the tax rolls. I have all of the labor being donated for that. I need to tell you that I received this morning, just a few minutes ago, as I came back from the Bahamas, a packet from the City Manager's Office for us to make application for some funds. But that application is not applicable to what I'm asking. I'm asking the City to make special exception here to grant us this one-time grant of thirty-five thousand for former City -owned property that was given to us with tenants in it, some of whom were paying fifteen dollars ($15) a month for a two -bedroom, central air, wall-to-wall carpeted apartment, and they did not pay that. And, of course, they fought us when we tried to put them out, and they made a formidable fight. Commissioner Plummer: Mr. Vice Mayor, I would make a motion at this time that we ask the City Manager to go through the extensive process of looking to see if there is any way that we could find the funds, number one; and second of all, let's put it on top of the table, that would be acceptable to the Oversight Board, who would hold control, final, and see if there isn't some way that we could accommodate Father Barry. It is something that the City was involved in. But understand me well that just because we might approve something here doesn't mean that it's going to be accepted at the Oversight Board. So what I'm saying is that they find a way, if possible, that would be acceptable to this Commission, as well as the Oversight Board. I so move. Vice- Mayor Regalado: All right, before the City Manager addresses the Commission and the audience, item 3, 1 was going to ask to be deferred for the afternoon session, since we... I have some questions regarding... especially some of the money accrued, since it's program income. I need to speak to the Administration regarding one issue on this matter. So I'm seeing here, like for instance, housing loan fund, we have half a million dollars... Commissioner Plummer: Defer it to the next meeting. Vice Mayor Regalado: We can do it in the afternoon. I have no problem. So Mr. City Manager... But before we do it, I'd like to ask some questions to that. You were saying? Mr. Edward Marquez (City Manager): As to the first matter with Father Barry, we can have a report at the next meeting, if we don't address it by this afternoon when we go over these items. Vice Mayor Regalado: Right. So, there is a motion. Commissioner Plummer: Yes, sir. Commissioner Gibson: Second. Vice Mayor Regalado: And a second. Motion by Commissioner Plummer, second by Commissioner Gibson. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 17 October 28, 1997 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-753 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVE OF ST. AGNES RAINBOW VILLAGE FOR FUNDS IN THE AMOUNT OF $35,000 TO REFURBISH SAID HOUSING UNITS; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY AND ALLOCATE SAID FUNDING IN A MANNER THAT WOULD BE ACCEPTABLE TO THE STATE FINANCIAL OVERSIGHT BOARD. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Vice Mayor Regalado: Item 3 has been deferred... Father Barry: Thank you. Vice Mayor Regalado: ... since we're going to be working until ten a.m. As we said, the Mayor has to finalize the details of the parade and all the members of this Commission have to be there. ---------------------------------------------------------------------------------------------------------------- 8. PROPOSED EMERGENCY ORDINANCE: AMEND SECTION 54-16 OF CODE "PROHIBITION OF VEHICULAR ACCESS" -- ESTABLISH PROCEDURE AND FINANCIAL RESPONSIBILITY -- FOR ACCESS PROHIBITION TO PUBLIC ALLEYS. Commissioner Plummer: I move Item 4. Vice Mayor Regalado: This item, it's the second reading, so it's being moved by Commissioner Plummer. Commissioner Gort: Second. Vice Mayor Regalado: Second by Commissioner Gort. Mr. Kay. Mr. Jim Kay (Interim Director, Public Works): I have one thing to mention here. That is that item number 4, if we are going to move to adopt or pass the resolution for item number 5, then item number 4 needs to be adopted on an emergency basis. 18 October 28, 1997 11 Commissioner Gort: Why? Vice Mayor Regalado: Because... Mr. Kay: Thirty day... You have to wait 30 days... Vice Mayor Regalado: Right. Mr. Kay: ... in order... for item number 5. Vice Mayor Regalado: Right. Because the item 5 is related to item 4. There is a situation of vandalism and crime in that area. They're ready. They have all the permits for this. Commissioner Plummer: Fine. Vice Mayor Regalado: So Mr. City Attorney? A. Quinn Jones, III, Esq. (City Attorney): An emergency... Commissioner Plummer: Now, we're'on 4. We can't do 5 without 4. Vice Mayor Regalado: Plus 4. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 54-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PROHIBITION OF VEHICULAR ACCESS," THEREBY ESTABLISHING A PROCEDURE AND FINANCIAL RESPONSIBILITY FOR REQUESTING THE VEHICULAR AND PEDESTRIAN ACCESS PROHIBITION TO AN UNIMPROVED PUBLIC ALLEY OR PARTIALLY UNIMPROVED ALLEY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo 19 October 28, 1997 • Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11560. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 9. RESTRICT VEHICULAR / PEDESTRIAN ACCESS TO S.W. 3RD AVENUE ALLEY AT INTERSECTION WITH EASTERLY SIDE OF SOUTHWEST 26 ROAD. Vice Mayor Regalado: Item 5. Commissioner Gort: Move it. Commissioner Plummer: Second. Vice Mayor Regalado: Move 5, Commissioner Gort, second by Commissioner Plummer. Resolution. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 20 October 28, 1997 Ll • The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-754 A RESOLUTION TO RESTRICT VEHICULAR AND PEDESTRIAN ACCESS TO SOUTHWEST 3RD AVENUE ALLEY AT ITS INTERSECTION WITH THE EASTERLY SIDE OF SOUTHWEST 26TH ROAD IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS, AS MORE PARTICULARLY SET FORTH HEREIN. (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 Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Vice Mayor Regalado: It's been approved. Number 6 has been withdrawn. ---------------------------------------------------------------------------------------------------------------- 10. PERSONAL APPEARANCE: VEOLA WILLIAMS TO REQUEST COMPLETION OF HER HOUSE AT 1457 N.W. 42 STREET -- INSTRUCT ADMINISTRATION TO REVIEW MATTER AND RETURN WITH RECOMMENDATIONS BY NEXT CITY COMMISSION MEETING -- FURTHER RESEARCH BOND STATUS OF DEVELOPER IF SERVICES WERE NOT PERFORMED AS REQUIRED. ---------------------------------------- ----------------------------------------------------------------------- Vice Mayor Regalado: Number 7, Commissioner Gibson. Commissioner Gibson: There's Ms. Veola Williams here. Ms. Williams, for a personal appearance. She's been having a problem with her house and the money that she received as... and I'd like for her to just tell us about it, because she has been coming to my office and complaining. Ms. Veola Williams: I'm Veola V. Williams. My home that I'm concerned about is 1457 Northwest 42nd Street. In 1989, I applied for a CDBG (Community Development Block Grant), loan and I'm a recipient of that loan. I received it with the help of Senator Graham in 1990. Of course, now, in the interest of time, I shall try to confine my discourse to the items in the City Manager's memo, much of which is in conflict with the truth. The first item says that I applied for the loan to convert a house, which was supposedly a duplex, into a one -family home. I want you to know that soon after we purchased that home in 1961, my husband converted the home into a one -family dwelling. And after the death of my husband, it became necessary to refurbish 21 October 28, 1997 that home, and I had hoped to do that, to spend the rest of my days there. It was never my intention to initiate a business venture with'that home. It was to accommodate the rest of my days and that of my children. Before I applied for the CDBG loan, I went to the library and researched what that was all about. And I found that it came out of the Housing Act of 1974, and it was to accord people like myself the opportunity to conserve their home and keep the neighborhoods up. It was difficult getting the loan, but I finally got it. I presumed when I got the loan that it would protect me from unscrupulous contractors, and I'm sure you've heard of them. Much to my surprise, it wasn't the unscrupulous contractors, it was the CDBG staff that desired to exploit my loan. It was the housing specialist on that staff who initiated all the breaches in my HUD (Department of Housing and Urban Development) contract. And today, I want you to know that my home stands in worse condition than it ever has been. The first contractor that went in there was under the supervision of the CDBG specialist, Mr. Jose A. Goncedo (phonetic). I don't want to get personal, but you need to know this. He had the man to go in and begin the work without pulling a permit. This was a very gross breach of contract, because there was no record of what the house needed. And when it was time to call in the inspectors, no one came. As a result of that, my house was never inspected by the City Code Office. And in the City Manager's Office, it is said that... In the City Manger's memo, it is said that all the Miami Code Office inspectors agree that the work that was done there by this first contractor passed inspection. This is not so. If I had not called in the inspector, in a year or so, I would have had to be calling on builders again to refurbish my home again. This is why I called in the inspector. When I took my complaints and grievances to the CDBG staff, they treated those grievances with indifference. Sometimes they were treated with a conspiracy of silence, it seemed to me. I never got any satisfaction. So I began to write my Senator Graham, who is near the HUD office in Washington. He was the only person that would make the CDBG staff answer my complaints and my grievance. And I have been fighting to enter my refurbished home since 1990, after I got a loan for thirty thousand dollars ($30,000). Listen, I'm a widow. I'm 68 years old. I cannot start over again. My home is in ruins. It is of zero value on the tax rolls. I'm getting tax bills for waste for a home that I cannot use. I want my home back. I don't have the clout of big business or the money to take this problem before a court and have it aired and settled there, but I came before this Commission before without success. I would like very much to get my home back. We worked for it, and we worked hard for it. I would like this Commission to please send an engineer out to my site, 1457 Northwest 42nd Street, and see what can be done to refurbish my home according to my HUD contract that was given to me in 1990. Please. There is much more I can say. The last... Commissioner Gibson: Let's hear from staff on this now, Ms. Williams. I think you've made your case. Vice Mayor Regalado: Mr. City Manager. Commissioner Plummer: We need to know how the City was negligent. Bob Nachlinger (Assistant City Manager): I don't think the City believes it was negligent. Commissioner Plummer: Let me ask one question before he comes up. She indicated that the contractor was selected by us - "us," the City - rather than by her, which I never knew to be the case. Mr. Nachlinger: No, sir, that is... You're correct, that is not the case. The City does not select contractors for individuals to rehab their homes. Ms. Williams: I would like to... Commissioner Gort: We do have a list of individuals that qualify and they select from the list. 22 October 28, 1997 0 Mr. Nachlinger: That is correct. And they select... Commissioner Gort: And we have certain criteria that we follow to select those individuals? Mr. Nachlinger: Yes, sir. We'll be happy to meet with Ms. Williams and try to resolve her problems. At this point, I'm not ready to address her problems and try to resolve them from the podium, but we'll be happy to meet with her. Vice Mayor Regalado: But, Bob... Bob, if I may. Why is she getting a bill? You're getting a bill from Solid Waste, right? Ms. Williams: And I haven't lived in the house since '89. Commissioner Plummer: Well, I'm hearing that all over. Mr. Nachlinger: Commissioner, on the solid waste issue, we bill solid waste to every single- family residence and it's for the provision of the service. It's not whether you live there, whether anyone's there three months a year, six months a year, whatever... Vice Mayor Regalado: But, but excuse me.. Mr. Nachlinger: ... but the availability of the service is what's being billed. Vice Mayor Regalado: Excuse me. Is anybody living at that house? Ms. Williams: I haven't been able to live in it since I moved out to have it refurbished, in '89. Vice Mayor Regalado: OK. But, so there is no garbage produced by that house. Ms. Williams: No, never, since '89. Commissioner Plummer: You got to pay it. You got to pay it. Vice Mayor Regalado: Since... you keep getting the bills. Have you sent some word that nobody lives there? Ms. Williams: I wrote a letter, after it became evident that I would never get into my home. After my home was bludgeoned, after the exterior walls were bludgeoned and it seemed like I would never get into the home, I just stopped paying the bill and that was like in 1993. But I paid waste bills up until about that time. And it was full... Commissioner Plummer: Mr. Vice Mayor, I own a piece of property in Key Largo that I can't find, and I'm paying ninety-six dollars ($96) a year for garbage tax. I mean, it's the formula that has to be applied for each individual parcel. You know, that's the formula, and she's caught up in the formula, whether she lives there or not. Ms. Williams: And I want to live there. I wanted to live there. Commissioner Plummer: No, I'm not arguing whether you want to live there or not. What I'm saying is as to the garbage fee, regardless, you've got to pay it, whether you live there or you don't, whether you generate no garbage or you don't, that's the formula that is applied across the board. And it's... you know, for your case, it's unfortunate. It's the same argument that, hey, why am I paying a school tax when I don't have any kids in school? Well, you got to pay it. 23 October 28, 1997 Why do I pay a library tax, when I never go to the library? But that's the formula applied across the board. Ms. Williams: Commissioner, I have always wanted to live in my home. I raised four children there my... and some of them came into existence there. There are many memories that I had cherished that belong to that home. Commissioner Plummer: We're not going to settle it here today. Commissioner Gibson: Staff has made a recommendation. Ms. Williams: No, I know we can't, but... Commissioner Plummer: I think what we need to do is ask the Manager to see... I would say to you, Mr. Manager, don't see who was right or wrong, OK? Because that's not going to do anything but cause more argument and more fights. I think what I would say to the Manager is, see if there's something that can be done to help this lady. And if there's anything within our reach, that we would like to assist her in the family residence, and come back to this Commission at the next meeting and tell us that you have a solution or you don't. Let's be honest with her. I so move. Commissioner Gibson: I second. Ms. Williams: Thank you, sir. Vice Mayor Regalado: There is a motion by Commissioner Plummer... Commissioner Gort: I got a question. Vice Mayor Regalado: ... second by Commissioner Gibson. Commissioner Gort: My question is, my understanding is since the staff qualifies individuals that are going to be able to provide the services, these individuals are bonded. Because according to... from... what I'm hearing from the applicant is that the job was not performed. And if the job's not performed, there should be a bond to cover that. I think you should check on that when you go into it. Thank you. Commissioner Plummer: I move item 8. Vice Mayor Regalado: No, we got to vote on this one. Commissioner Plummer: Huh? Vice Mayor Regalado: We need to vote on the one that... Commissioner Plummer: Oh.. Quit goofing off. Vice Mayor Regalado: ... the motion that you presented. So all in favor, signify by saying "aye " The Commission (Collectively): Aye. 24 October 28, 1997 0 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-755 A MOTION INSTRUCTING THE CITY MANAGER TO SEE IF THERE IS SOMETHING THAT THE ADMINISTRATION CAN DO TO HELP MS. VEOLA WILLIAMS REGARDING THE REHABILITATION OF HER HOUSE, LOCATED AT 1457 N.W. 42 STREET; FURTHER INSTRUCTING THE ADMINISTRATION TO COME BACK TO THE NEXT COMMISSION AT THE NEXT REGULARLY SCHEDULED MEETING WITH A DEFINITIVE ANSWER AS TO WHETHER HELP CAN BE RENDERED. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 11. PROPOSED EMERGENCY ORDINANCE: AMEND SECTION 14-285 AND ARTICLE V OF CODE -- DESIGNATE DIRECTOR OF PLANNING AND DEVELOPMENT AS CHIEF EXECUTIVE OFFICER OF COMMUNITY REDEVELOPMENT AGENCY (CRA) -- FURTHER PROVIDING ADDITIONAL STAFF TO CRA. Vice Mayor Regalado: Item 8 has been moved by Commissioner Plummer. Commissioner Gibson: Second. Vice Mayor Regalado: Second by Commissioner Gibson. It's an emergency ordinance. So Mr. City Attorney. 25 October 28, 1997 0 An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 14-285, ENTITLED: "EMPLOYEES GENERALLY" OF ARTICLE V. ENTITLED: "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY' ("CRA"), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY DESIGNATING THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT AS THE CHIEF EXECUTIVE OFFICER OF THE CRA AND PROVIDING ADDITIONAL STAFF SUPPORT TO THE CRA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11561. 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. 26 October 28, 1997 ---------------------------------------------------------------------------------------------------------------- 12. DISCUSS / DEFER TO AFTERNOON SESSION CONSIDERATION OF AGENDA ITEM 9 (PROPOSED EMERGENCY ORDINANCE: AMEND ORDINANCE 10021 ESTABLISHING APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND -- PROVIDE INCREASE OF $672,453 TO SAID FUND FROM FORFEITURE ACTIONS) -- SEE LABEL 20. Commissioner Gort: Move 9. Commissioner Plummer: OK. I'll second it, but I think I want it deterred. OK? But for discussion purposes. Vice Mayor Regalado: All right. Commissioner Plummer: I'm concerned that this is not only establishing the appropriations, but it is outlining initial appropriations. And I don't have a copy of what it's all going for and how much. Mr. Edward Marquez (City Manager): Can we bring this back this afternoon? Commissioner Plummer: You can bring it back this afternoon, but... You know, I mean, to me, I got to know what you're buying, how much it's going to cost, and things of that nature. I mean, you know, in the consent agenda, I just gave you a whole lot of money. Mr. Marquez: OK. There's an answer now. We have an answer now. I thought we needed more time. Commissioner Plummer: I'm not going to take the Commissioners' time right now. Bring it to me during the break, and I'll look at it, and then take it back to you. So I ask that this be put off until the afternoon, Mr. Vice Mayor. Vice Mayor Regalado: Item 9 has been postponed until the afternoon. Vice Mayor Regalado: Item 10. Commissioner Gort: For your information, item 9, if you recall, I requested from the Police Department to give me the information on how these funds were being utilized, and I am prepared and I received a copy of it. Vice Mayor Regalado: You said that you have not? Commissioner Gort: I have received it, yes. Oh. OK. 27 October 28, 1997 -- ------------------------------------------------------------------------ 13. (A) PROPOSED EMERGENCY ORDINANCE: AMEND SECTIONS I OF CAPITAL IMPROVEMENTS ORDINANCE 11337 -- REVISE / ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS FOR 1997-1998. (B) COMMISSION COMMENTS ON STATUS OF WARRANTY FOR PAINT CONTRACT AT ORANGE BOWL. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I will move item 10 with a full understanding that... Hello? Vice Mayor Regalado: Hello? Don't worry, it's the new office. Commissioner Plummer: Who's in charge of Public Works, or who was in charge? You know, we understand that the capital improvement program is not written into stone, and can be changed at any time, and usually, we do. So this is... I don't know why an emergency ordinance. Justify the emergency. Grant Sheehan (CIP Coordinator): We have several items on here. The Coconut Grove Convention Center has a two -week window of opportunity to be able to get that in there. The same thing on the... Commissioner Plummer: It's an emergency because you all were derelict in bringing it up to us. I move it. Vice Mayor Regalado: I need to also say that I toured the Orange Bowl the other day, and it needs urgent repair. So I think it's important that we go ahead with this. Commissioner Gort: Second. Vice Mayor Regalado: It's... Item 10 has been moved... Commissioner Plummer: Whoa, whoa. Mr. Vice Mayor, you just struck a key. Christina, I asked before and I've heard nothing. We paid an awful lot of money to paint that Orange Bowl. We've been had. Vice Mayor Regalado: Have you seen the paint? Commissioner Plummer: It's not there. Vice Mayor Regalado: I know. Commissioner Plummer: It is coming off in big sheets. And I asked before the guarantee or the warranty ran out that we look into the matter, because I remember a consultant coming in here telling us the degree and the "nth" of what kind of paint we had to buy. We had to buy it from a certain manufacturer, and this was the only paint that would be there forever. Ms. Christina Abrams (Director, Public Facilities): Commissioner, following the Commission meeting when you directed the Administration to look into the warranty, Public Works made an immediate inspection. I'll let them give you an update on the status. 28 October 28, 1997 Commissioner Plummer: You know, why should I have to ask for this? That's been two, three months ago. I mean, it would seem like to me I would have known about, you know, an answer to my question. And I got another one to burn you on. Go ahead, now. Mr. Jim Kay (Interim Director, Public Works): We've conducted an investigation. It's a little more complicated than just the contractor putting on the paint and the specification for that. But we've been in touch with Mr. Jones' office and we are going to move ahead... get your permission to move ahead... Commissioner Plummer: Jim, it is disgraceful. Have you seen it? Mr. Kay: Yes, sir. Commissioner Plummer: I mean, it is absolutely... where we spent an awful lot of money doing that, in the overall improvements of seventeen million dollars ($17,000,000) that... Please don't let it go for naught. And hopefully, before I get off this Commission, someday, the Orange Bowl will be painted orange. I don't know why, after the the Dolphins left, we painted it their color, but there must be a reason, I guess. Proceed, but I just... Vice Mayor Regalado: I guess that green... Commissioner Plummer: Don't let that drop. Commissioner Gort: University of Miami is green and orange. Vice Mayor Regalado: Green was cheaper then. Commissioner Plummer: Yeah, but it's not aqua. Vice Mayor Regalado: Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 OF CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996; THEREBY REVISING AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1997-1998; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo 29 October 28, 1997 Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11562. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 14. DIRECT CITY MANAGER TO PERSONALLY INSPECT ABANDONED HOUSES IN VICINITY OF N.E. 4 COURT AND 16 STREET NEAR OMNI. Vice Mayor Regalado: Item 11... Commissioner Plummer: Can I ask a question? I want to burn the Manager a little bit. Mr. Manager, over three months ago, I sent a memo to you in reference to property located on Northeast 4th Court, and I think the street is 16th Street, better identified as directly behind Les Violins, which is now closed, unfortunately. Mr. Manager, they are running crack houses. They are a disgrace to that neighborhood. There are four houses there. I have sent three memos to you asking that that matter be looked into. If nothing more, that all the abandoned cars be removed. It is prostitution going on, drugs are going on, it is an incredible... You got to go see those four houses to think that that's in the downtown of the City of Miami, and yet I can't get an answer. 1 would appreciate, if you have the time, you personally go look and see if you're not as embarrassed as I am to have that immediately adjacent to Omni. Please. Thank you. ---------------------------------------------------------------------------------------------------------------- 15. AMEND CODE TO PERMIT SALE / DISPENSING / POSSESSION / CONSUMPTION OF ALCOHOLIC BEVERAGES AT FLORIDA EAST COAST (FEC) PROPERTY. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: All right. Item 11. Commissioner Gort: Move it. Commissioner Gibson: Second. Vice Mayor Regalado: It's been moved by Commissioner Gort, second by Commissioner Gibson. An emergency ordinance. Mr. City Attorney. 30 October 28, 1997 Vice Mayor Regalado: Call the roll, please. An Ordinance entitled - AN EMERGENCY ORDINANCE, WITH ATTACHMENT(S), AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT THE SALE, DISPENSING, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE FEC PROPERTY, MIAMI, FLORIDA, LEGALLY DESCRIBED ON ATTACHMENT "A", ATTACHED HERETO, AND MADE A PART HEREOF; MORE PARTICULARLY BY AMENDING SECTIONS 38-69 AND 38-70 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Gibson, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11563. 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. 31 October 28, 1997 ________________________________________________________________________________________________________________ 16. PROPOSED EMERGENCY ORDINANCE: CHANGE SECTIONS OF CODE TO IMPLEMENT CHARTER AMENDMENT No. 1 AND TO EFFECTUATE PROVISIONS DEALING WITH EXECUTIVE MAYOR AND FIVE SINGLE MEMBER DISTRICTS. Vice Mayor Regalado: Item 12, another emergency ordinance. A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor, essentially, what this does is, as a result of the electorate adopting Charter Amendment Number 1, which established the new form of government, being the single member districts and strong mayor, what was required is to amend the sections of the Code to conform to the new form of government. And what we had hoped... and certainly it's your call... The only reason I present it to you now is that since the election is next week, so that we could have this in place, once the election is over. So it's here for your... either approval or whatever action you wish to take. Vice Mayor Regalado: Go ahead, read it. Commissioner Plummer: Oh, I thought that was just a straw vote. Mr. Vice Mayor, needless to say, it was approved by the electorate and I don't think anyone up here sitting wants to say to the electorate that we're not going to do what you instructed us to do. Vice Mayor Regalado: Absolutely. Commissioner Plummer: I second the motion. Vice Mayor Regalado: OK. There's a motion and a second. Mr. City Attorney? Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE RELATING TO IMPLEMENTATION OF CHARTER AMENDMENT NO. 1, BY AMENDING SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EFFECTUATE THE PROVISIONS REGARDING THE EXECUTIVE MAYOR AND SINGLE MEMBER DISTRICTS; MORE PARTICULARLY BY AMENDING CHAPTERS 1, 2, 4, 11, 14, 16, 18, 22, 23, 29, 35, 38, 40, 45 AND 46 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort and seconded by Commissioner Plummer, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado . NAYS: None. ABSENT: Mayor Joe Carollo 32 October 28, 1997 Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11564. 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. ---------------------------------------------------------------------------------------------------------------- 17. PROPOSED FIRST READING ORDINANCE: AMEND BY-LAWS OF INTERNATIONAL TRADE BOARD: SOLICIT OUTSIDE FUNDS THROUGH INTERNATIONAL BUSINESS AND INFORMATION CENTER, INC. / ESTABLISH BANK ACCOUNT FOR COLLECTION, SPONSORSHIPS, DISBURSEMENTS OF FUNDS. Commissioner Plummer: Mr. Vice Mayor, before we break, and I'm sure we're going to break right now; I would like to do a pocket, if I could, to follow up on the International Trade Board. Vice Mayor Regalado: Sure, go ahead. NOTE FOR THE RECORD: At this point, Commissioner Plummer reads the proposed ordinance into the public record by title only. Commissioner Plummer: And what's his name in your offices is the one who's worked with the International... Yes... Yeah. Vice Mayor Regalado: Call the roll. Is this an emergency? Commissioner Plummer: No, just... it's an ordinance. Vice Mayor Regalado: Oh. Commissioner Plummer: I read the ordinance. 33 October 28, 1997 An Ordinance entitled - AN ORDINANCE RELATED TO THE INTERNATIONAL TRADE BOARD ("BOARD"); REPEALING, IN THEIR ENTIRETY, SECTIONS 2-921 AND 2-922 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SUBSTITUTING IN LIEU THEREOF, NEW SECTIONS 2-921 THROUGH 2-930, THEREBY CREATING AND ESTABLISHING SAID BOARD AS A LIMITED AGENCY OF THE CITY TO BE KNOWN AS THE "INTERNATIONAL TRADE BOARD"; FURTHER SETTING FORTH SAID AGENCY'S PURPOSE, AND PROVISIONS FOR ELIGIBILITY FOR MEMBERSHIP, TERMS OF OFFICE, OFFICERS, MEETINGS, QUORUM, VACANCIES, POWERS AND DUTIES, PROVIDING FOR AN EXECUTIVE DIRECTOR, PERSONNEL, AND COUNSEL REPRESENTATION, AND BUDGET AND AUDIT RESPONSIBILITIES; FURTHER AUTHORIZING SOLICITATION OF CONTRIBUTIONS AND FINANCIAL SUPPORT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer, seconded by Commissioner Gibson, and was passed on first reading, by title only, by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo 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. Commissioner Plummer: We'll be back at three o'clock? Vice Mayor Regalado: Yes, sir. Before we leave, we have several issues. And the cable TV issue, it's on the agenda. Commissioner Plummer: It's just a report. Vice Mayor Regalado: So we can set that for three o'clock this afternoon, and it will be a report. Also, I think that we'll do the jobs program relocation this afternoon. Commissioner Gibson will have a report for us. So we'll be back at three p.m. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 9:52 A.M. AND RECONVENED AT 3:20 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING MAYOR JOE CAROLLO, FOUND TO BE PRESENT. Commissioner Plummer: Do we have any ETA (estimated time of arrival) on the Mayor or Vice Mayor? Mr. Edward Marquez (City Manager): We haven't been informed, sir. 34 October 28, 1997 11 Commissioner Gort: What was the question? Commissioner Plummer: Do we have... Unidentified Speaker: The Vice Mayor? Commissioner Plummer: Uh-huh. Unidentified Speaker: You had a police escort, right? Commissioner Plummer: No, I didn't. I lost it. Mr. Vice Mayor, I have to announce to you, sir, that I have to be out of here at five -thirty this afternoon. Vice Mayor Regalado: All right. So the afternoon session is about to start. ---------------------------------------------------------------------------------------------------------------- 18. AUTHORIZE SETTLEMENT: PAY JULIO LOPEZ AS REPRESENTATIVE OF MARIA DE JESUS CARMONA $40,000. -- FROM ' SELF-INSURANCE TRUST FUND CODE 424401-653. Commissioner Plummer: I move Item 14. Vice Mayor Regalado: Excuse me, one second, J.L. Commissioner Gibson: Second it. Vice Mayor Regalado: Item 14 has been moved by Commissioner Plummer, seconded by Commissioner Gibson. It's a resolution. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 35 October 28, 1997 s The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-756 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JULIO LOPEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIA DE JESUS CARMONA, THE SUM OF $40,000.00, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY, CASE NO. 94-23837 CA (13), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE CITY' OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 424401- 653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 19. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY FINDING -- WAIVE SEALED BIDS -- APPROVE PURCHASE OF AUTOMATED FINGERPRINTING IDENTIFICATION SYSTEM (AIFS) MAINTENANCE -- FROM PRINTRAK INTERNATIONAL, INC. -- ALLOCATE $50,000 FROM POLICE GENERAL BUDGET CODE 001000.290201.6.670. Commissioner Plummer: Mr. Manager, can I ask you, items like 14 and 15, why they're not on the consent agenda? They're resolutions and I... For the life of me, it seems like to me all of that should be on a consent agenda. In the future. We're doing better. Mr. Edward Marquez (City Manager): We're trying. Commissioner Plummer: Mr. Vice Mayor, I move item 15. Vice Mayor Regalado: Item 15, a resolution, also has been moved by Commissioner Plummer. Commissioner Gibson: Second. 36 October 28, 1997 Vice Mayor Regalado: Second by Commissioner Gibson. All in favor? Mr. Manuel Gonzalez-Goenaga: I need to address the Commission on this. Vice Mayor Regalado: OK. Before we vote, Mr. Goenaga. Mr. Gonzalez-Goenaga: Well, for the citizens of Miami who are here, I am addressing this Commission constantly. I have been the watchdog of this Commission for many years, bringing out corruption. And I'm going to refer to this particular issue right now. The Department of Police is asking... and after a long backup paper saying that they could not get fifty thousand dollars ($5.0,000) because of the budget problems before, claiming that if this was an intricate part of crime solving problems, I wonder when millions of dollars have been given away in court settlement, and you people are misleading this Commission, including the citizens, who are the owners when, after a big story, you claim that since everything has been sold, fifty thousand dollars ($50,000). And I am in favor of it, provided the crimes that have been committed against me by Julio Gonzalez Rebull and Mario Miranda Blas are cleared as soon as possible, and Felipe Valso (phonetic), also, since 1992. Thank you very much. Vice Mayor Regalado: Thank you. We will now vote on... Commissioner Plummer: Mr. Vice Mayor, let me just go on the record. This piece of equipment that is being sought, I think the people of this community need to be reminded that in the one past that I remember very clearly when a policeman of this City was shot, that through this system, within eighty-eight minutes, we captured the killer of that policeman. It is a very important piece of equipment. It does a great deal, not just for a policeman who's been injured or paid the final price, but through fingerprints of people that break into houses, this is a machine that reads automatic fingerprints. It is a fantastic piece of equipment. I just want that on the record that this is not money that is foolishly spent. Vice Mayor Regalado: It is... Commissioner Plummer: This is money that, in my estimation, and from my personal knowledge, is a very fine and much needed piece of equipment. Vice Mayor Regalado: It is, Commissioner, and I'm sure that the citizens of Miami will agree with you. I would... Commissioner Plummer: I did move... I moved item 15. Vice Mayor Regalado: Item 15 has been moved, second by Commissioner Gibson. All in favor, signify saying "aye." The Commission (Collectively): Aye. 37 October 28, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-757 A RESOLUTION BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY PURCHASE OF AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) MAINTENANCE FROM PRINTRAK INTERNATIONAL, INC., IN AN AMOUNT NOT TO EXCEED $50,000.00, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670; FURTHER, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS MAINTENANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution, was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Vice Mayor Regalado: On item 16, I will ask the Commission to wait a few minutes so we can have a full board, and then we'll discuss the issue. ---------------------------------------------------------------------------------------------------------------- 20. PROPOSED EMERGENCY ORDINANCE: AMEND ORDINANCE 10021 ESTABLISHING APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND -- PROVIDE INCREASE OF $672,453 TO SAID FUND FROM FORFEITURE ACTIONS -- SEE LABEL 12. Commissioner Plummer: If I may, Mr. Vice Mayor, I would like to go back to the morning of item number 9. I have the assurances of the Police Chief that this money is only being received, that not a dime of this money will be expended without this Commission's approval. So with that assurance, I would like to now move the emergency ordinance, number 9. Commissioner Gibson: Second. Vice Mayor Regalado: OK. An emergency ordinance has been moved by Commissioner Plummer, second by Commissioner Gibson. Mr. City Clerk? I'm sorry, Mr. City Attorney. 38 October 28, 1997 An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $672,453.00, AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11565. 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. Commissioner Plummer: Just for the record, Mr. Manager, the wording on the agenda, to me, is misleading. If you read the item on the agenda, it says to accept the money and initial appropriations. To me, "appropriations" means spending the money. So I think if that had not been in there, I would not have questioned it this morning. So I would assume in the future the wording would be a little bit more clearer, so that we understand that it's to receive and initial the money, but not to spend it. Mr. Edward Marquez (City Manager): Yes, sir. 39 October 28, 1997 • • ---------------------------------------------------------------------------------------------------------------- 21. DISCUSS STATUS OF NEGOTIATIONS WITH T.C.I OF MIAMI CABLE TV FRANCHISE -- GRANT 60 DAYS EXTENSION TO DECEMBER 27, 1997 AND CONTINUE INFORMAL NEGOTIATIONS PROCESS -- FURTHER AUTHORIZE CONTRACT EXTENSION WITH EXPERT OUTSIDE COUNSEL (LEBOWITZ) -- ALLOCATE ADDITIONAL FUNDS ($35,000). Vice Mayor Regalado: We're now in discussion items. We are going to proceed with item 17, or we would... Would you rather... Members of the Commission, would you rather wait to have a full board before discussing this item? (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Vice Mayor Regalado: I think so, too. So we're going to just wait for a few minutes for the Mayor. We are going into item 18, the status of Cable TV franchise. Go ahead. Elaine Buza (Telecommunications Administrator): Elaine Buza, Telecommunications Administrator, City of Miami. Since the last update on the status of the renewal process, the City has continued in good faith to the informal process, while also pursuing the formal process to insure that we get this franchise renewed in a timely manner. We had our first substantial informal negotiations on October 23rd. I think we made substantial progress at this meeting, and hope to continue it. We've continued to receive our franchise fees payments. We received another payment this week for the third quarter of this year. I was notified this morning by Miami TCI that they would like to have us discontinue the formal process. However, at this point in time, with the advice of our outside legal counsel, we don't necessarily feel this is in the best interest of the City at this time. Vice Mayor Regalado: Ms. Blanchette. Ms. Cheryl Blanchette: Thank you, Vice Mayor. Cheryl Blanchette, TCI South Region. I'm also here with Anthony Pope, who's the General Manager of TCI South Florida, formerly the General Manager of Miami TCI. We have great concerns with continuing the formal process for several reasons, because it is an adversarial process. And we have had the opportunity to have one meeting, as Ms. Buza said, on Thursday. It wasn't really a negotiation session. It was a presentation of information by the City, and it wasn't a negotiation opportunity. Our position is, if we could just hold the formal process in abeyance for possibly 60 days, we could then really negotiate informally. The formal renewal process is costing the City a tremendous amount of money, and I'm sure Ms. Buza can speak to that specifically. She also mentioned today that there's a pocket item that's going to be increasing the amount of money that's being spent in the formal process. We believe that the informal process is the best way to insure that the City gets exactly what they want, in a timely fashion, at the least expense to the citizens of the City of Miami. And I would encourage the Commission to consider holding the formal process in abeyance, if only for 60 days or a time certain, so we can actually negotiate informally, for the first time, in a great deal of time. Commissioner Plummer: Mr. Vice Mayor, I see the nodding heads over here. They're in concurrence. We all know that when you go to the legal table, the only winners are the lawyers. So let's hope that we can possibly mutually understand each other, and with no objection from the Administration, I'll move it. OK. Hold on. 40 October 28, 1997 A. Quinn Jones, III, Esq. (City Attorney): Yeah, let me... Let me just say this, in response to what TCI has indicated. True enough, the City has spent some money over the past two years, albeit the money that was allocated and was approved by this Commission for outside counsel was not relegate singularly and totally to the renewal process. There were any number of other issues that came up that outside counsel has dealt with. I have spoken to Ms. Buza and, of course, I concur with the recommendation of outside counsel, that we continue the formal process because, quite frankly, I think that that is the only way to hold TCI's feet to the fire, as it were. But more importantly, I would encourage TCI and the City that the informal process continue. I agree with Cheryl that I think an agreement can be struck within 60 days, if we all do what needs to be done. But I still think, for the City's protection, we still need to have the formal process and not abandon the City's position, or prejudice the City's rights in that regard. So that would be my recommendation. Commissioner Plummer: My motion did not say anything about abandoning anything. It's to defer. Vice Mayor Regalado: This motion is about 60 days, right? Commissioner Plummer: Sixty days to... understanding that if it's not done in 60 days, then we have no choice but to go to the legal process. So as far as I'm concerned, giving 60 days to keep it out of the hands of very high-priced litigation. Vice Mayor Regalado: I'm told that the cost to the City will be around one hundred thousand dollars ($100,000)? Mr. Jones: No... Well, no, I think that's incorrect. You may... Well, you... I don't think you were here, Mr. Vice Mayor, but I think it was approximately two... a little over two years ago, probably going on three years now, that the City approved a hundred thousand dollars ($100,000), or should I say an amount not to exceed a hundred thousand dollars ($100,000), to Lebowitz and Associates to assist the City in the renewal process and the like. That process has, as I indicated, has faltered for whatever reasons. We're traveling both under the informal and formal. And that was the pocket item that I was going to bring up to you today, that you extend Mr. Lebowitz' firm's services to the tune of... amount not to exceed thirty-five thousand dollars ($35,000). I do think and I do know that we will need some assistance within this 60-day period, and I'm sure that we can come to some agreement, but I would ask that you consider that so that we can try to wrap this thing up. There's no way... and I don't foresee us being involved in any protracted litigation or whatever. I certainly don't want it in that posture. It doesn't have to be in that posture. We can sit down and strike an agreement that's going to be fair and equitable to both. Vice Mayor Regalado: Commissioner Gibson. Commissioner Gibson: We have enough lawyers in-house to handle this. I can't see us continuing to... Mr. Jones: Well... Commissioner Gibson: ... to have to have outside counsel. Mr. Jones: Well, let me say this to you, Commissioner. Cable television is a very specialized area. Years ago, I was the City's in-house specialist, but there have been many, many changes. But for my other responsibilities, I have been not been able to keep up with it, so you do need someone to advise the City who has that expertise, because they have their lawyers who are very up to date with the changes and requirements of the law. So I'd only say to you that it is a very specialized area, and we do need that expertise to bring this to closure. 41 October 28, 1997 • Commissioner Plummer: How much does it bring into the City a year? Vice Mayor Regalado: But do we need this approval for this informal 60 days, or can you live without it? Mr. Jones: Yes. Because what... We're talking about two separate issues. The Commission... and I'm sorry to confuse the issue because... I'm sorry to confuse the issue, because the motion that you had on the floor from Commissioner Plummer was basically to continue the informal process for 60 days. And I interjected, because the question came up about the price of outside counsel, and if this had to be litigated, what it would cost the City. So they're two separate items. So perhaps maybe you want to vote on Commissioner Plummer's pending motion, and then I would ask you to please consider extending outside counsel's expenditures in an amount not to exceed thirty-five thousand dollars ($35,000) through this 60-day period or whatever time it takes to bring this to closure. Commissioner Plummer: It's a friendly amendment. I have no problem in doing both. I think that we have to keep in mind very seriously that the revenue from this source is approximately, according to the Manager, about a million dollars ($1,000,000) a year. So to spend some dollars to have the proper legal representation that the City Attorney says he feels he needs, it's money well spent. I'll do it... Vice Mayor Regalado: Do you want to do it in the same motion? Commissioner Plummer: That's fine with me. Vice Mayor Regalado: I would ask you... Ms. Blanchette: Vice Mayor? Vice Mayor Regalado: Yeah, one second. I would ask you, if you can, to include that the City Commission will be informed, because we might have some input. We would receive a lot of complaints and... Commissioner Plummer: I have no problem... Vice Mayor Regalado: ... and comments, and so we need to have some kind of input in the process. So that way, we could probably help, being the persons that get all the input from the customers. Commissioner Plummer: It's a friendly amendment, I have no problem with that. Vice Mayor Regalado: Cheryl. Ms. Blanchette: Vice Mayor, Commissioner Plummer's.motion is to hold the formal process in abeyance for 60 days? Vice Mayor Regalado: No, no. Commissioner Plummer: No, no, I don't think we're going to hold it in abeyance. I think we're going to continue what... my understanding is that we're going to continue the process to try to come to a conclusion within the 60 days, so that we don't have to go into litigation. Ms. Blanchette: Well, but let me make this clear. On November 17th, we have to file a formal proposal with the City. It's a formal proposal, which is essentially what we believe that the City 42 October 28, 1997 wants, based on the City's ascertainment and our ascertainment. What we believe is that that is a commitment to that particular document, to that pledge that we want to give that to the City. The City then has 120 days to either accept that proposal or reject it, and then we go to a full administrative hearing. Commissioner Plummer: Well, I don't see that's in conflict with my motion. We're talking 60 days. You're going to make that proposal on November the 17th. We meet in November on the twenty... Bob Nachlinger (Assistant City Manager): ... fifth. Commissioner Plummer: ...fifth. And we're meeting on December the 9th. If, for whatever reason, I'm sure the City is going to look at that proposal, and they'll either report back to us on the November meeting or the December meeting, and we can make a new proposal. Ms. Blanchette: Well... but our company's position is if we take the time, and energy, and expense to file a formal proposal with the City, we are under the understanding that it is an adversarial process at that particular point in time and the informal negotiations are not something we're likely to continue. And that's what I really wanted to stress today, that that is an adversarial process, and we haven't had an opportunity to negotiate. That was the first time we met last Thursday, in some time, to actually talk about terms, and we never got to talk about terms. Commissioner Plummer: It would seem like... Vice Mayor Regalado: Excuse me. Why do you need to have the proposal on the 17th? Ms. Blanchette: Because that's the due date required by the City in the formal process. But what... If you were to hold the formal process in abeyance for 60 days, we could negotiate an agreement, and if it didn't come to fruition, then you give us a time certain, and we prepare a formal proposal for you. But that's not adversarial versus preparing a formal proposal which is adversarial and going on these two tracks, when you're spending money that's unnecessary. Vice Mayor Regalado: But it seems that the spirit of Commissioner Plummer's motion... Commissioner Plummer: Well, if they're going to put in a proposal on November the 17th between.... Mr. Nachlinger: Commissioner, excuse me for interrupting. The proposal was actually due October 3rd. On October 3rd, they sent us a letter requesting another 45-day extension, and that's how we get to the November 17th. It's not the City's requirement due on November 17th. It is actually due October 3rd, and this... we're in an extension period, and quite frankly, we don't want to give them another 60-day extension. Ms. Blanchette: So I guess you don't believe we can come to an agreement, then. Your position is we can't reach an agreement. Mr. Nachlinger: I don't.... No, I absolutely have not said that. I believe we can reach an agreement. However, it appears to me that the formal process shouldn't be held in abeyance. We can move forward on these two tracks. And if TCI is unwilling to move forward on the informal track, which is nothing more than sitting down and trying to negotiate an agreement, and only wants to move forward on a formal basis, we can do that, but we're more than willing to sit down any time you'd like. 43 October 28, 1997 Commissioner Plummer: Well, let me say this. You know, we're talking revenue to the City, which we desperately need. I'm saying to you that if something isn't done by Thanksgiving, then we have no alternative but to go and to do what is necessary. But I don't see anything wrong between now and November the 17th, of having informal talks... I'm not saying adversarial or negotiation. Mr. Nachlinger: Absolutely. Commissioner Plummer: Continuing, ongoing talking between the two parties is good communication. But I don't think that we have to have any adversarial. I don't think we have to go into litigation. Vice Mayor Regalado: J.L.... Ms. Blanchette: It's an adversarial process, Commissioner. Vice Mayor Regalado: J.L., what she's asking is a little more time to present the formal proposal. That's what you're asking. Ms. Blanchette: The informal negotiations, Vice Mayor. All we want is 60 more days. We had one meeting on Thursday. We just want an opportunity to continue talking without being required to present a formal proposal, which may well put us in an adversarial posture, where we're not willing to have informal discussions. Commissioner Plummer: Are you giving this Commission assurances that your proposal will be no later than November the 17th? Ms. Blanchette: Right now, that's our commitment, and that's all we're working on. See, that's the point... Commissioner Plummer: But he said... excuse me. Ms. Blanchette: Yes. Commissioner Plummer: He said that you had another deadline that you didn't meet and asked for an extension. Ms. Blanchette: Because we were... I'm sorry. Commissioner Plummer: I'm not arguing. Ms. Blanchette: OK. Commissioner Plummer: What I'm saying is that on November the 17th, if you meet that deadline, I think the City... that the Administration has the time between November the 17th and at least the December meeting, to come back to the City Commission and say, hey, there is a possible settlement or there's not. Mr. Nachlinger: Commissioner, we're willing to meet this week, next week, whenever they want. Ms. Blanchette: All our resources and energy are going into preparing that formal proposal, because that is a critical piece. That is what you will either accept or reject, and that is what the administrative hearing will either accept or reject. 44 October 28, 1997 0 Commissioner Plummer: I don't necessarily agree with that. We can accept, reject or modify. Ms. Blanchette: The formal proposal? Commissioner Plummer: Sure. Ms. Blanchette: I mean, Quinn might have some more insight into that. It's my understanding that the formal proposal stands as it is, unless we reach an informal agreement. Mr. Jones: Well, I think you're right in that regard, but while I hear what you're saying in terms of where your resources and energies are directed, I think it would behoove TCI and the City to come to some agreement. Perhaps you need to do it without the lawyers being in the process... Commissioner Plummer: Yeah. Ms. Blanchette: We've offered that. Mr. Jones: Perhaps you can accomplish more between your regional manager, and I think that Elaine and Bob know exactly what the City wants and where we want to go. And I just feel that if it has to be an all night meeting, weekend meeting, we can proceed on both tracks. And I think... and I feel very strongly that we can come to an agreement. Ms. Blanchette: So then the consultants won't be involved in our meeting, and then you're not going to need that extra thirty-five thousand? Mr. Jones: Well, that's the Administration's call. My recommendation certainly would be that the principal parties involved get together and negotiate, and hammer out a deal. Commissioner Plummer: My understanding is they are still continuing to pay us. Mr. Nachlinger: Yes, sir. Commissioner Plummer: OK. Look, I'm trying to simplify this thing, and I'm getting more complex than anything. As far as I'm concerned, they're paying us, we're not losing anything. OK? I say to you, if what, in fact, they're saying is that they're going to have that proposal on the table by the 17th - that's the deadline - then you have "X" number of days. But I feel comfortable that within 30 days after you receive that proposal that you, in fact, can say, hey, it's acceptable, it's not acceptable, and then come back to this Commission, and we will decide whether or not to go to litigation. Mr. Nachlinger: Commissioner, maybe I'm misunderstanding their proposal, but it appears to me what they're asking for is for them not to submit that formal response... Vice Mayor Regalado: That's right. Mr. Nachlinger: ... on November 17th... Vice Mayor Regalado: That's right, that's what they're asking. Commissioner Gibson: Exactly. Exactly. Mr. Nachlinger: ... but they want to hold that in abeyance for 60 days. 45 October 28, 1997 Vice Mayor Regalado: They're asking for more time to have more talks, and then a delay in the date to bring the proposal. I would... not to complicate things. I would extend the deadline, if you all want to do that. Commissioner Plummer: You know, to me, as long as they're paying us, I'm willing to go down the road and try to reach an agreement. If they weren't paying us, that's a different story. What's fair? You know, I don't want to go into high priced litigation if I can avoid it. Vice Mayor Regalado: So what's fair? How much time do you need? Ms. Blanchette: We believe that if you hold the process in abeyance for 60 days, we can reach an informal agreement. If we haven't reach an informal agreement in 60 days, we will have a formal proposal for you. Vice Mayor Regalado: You don't need the formal... all right. Commissioner Gibson: So I... Did I second that motion? Vice Mayor Regalado: Sure, go ahead, Commissioner. Commissioner Gibson: I rescind my second to that, that Plummer did. Plummer, you're going to rescind your... because they need the 60 days. Mr. Jones: Well, let me say this. I hear what you're trying to do, and let me just say this out of an abundance of caution. You know, there has been nothing to date that has provided an incentive for TCI to come forth and have a deal cut already. I mean, there's been more than ample time. We've lost months, a year, whatever the case may be. I'm convinced, and I think, notwithstanding the request that they've made, that we should still proceed under both tracks. If both parties are committed and serious about reaching an agreement, it shouldn't matter... it should matter not whether we suspend the process for 60 days. If they have the wherewithal, which they do, if we have the wherewithal, which we have, and we're both serious about cutting an agreement, let's just cut through it and just get together and hammer out a deal. Let's not be concerned about the fine niceties of suspending and whatever else. We've spent enough time as it is already, getting to this point to initiate the formal process. So I mean, let... you know, 60 days is not going to make any difference one way or the other. Ms. Blanchette: So you don't believe we'll reach an agreement either. Commissioner Gibson: But it will to them. I talked with them about this. They came to my office and talked with me and said that they needed the 60 days. And I think we have to be compassionate. And I think that there's some things that we have to deal with that we may not want to deal with. But 60 days are not going to hurt the City. Commissioner Plummer: Not as long as we're getting our money. Commissioner Gibson: That's right, and they are paying that, and I... Ms. Blanchette: We want to reach an agreement, Quinn. Vice Mayor Regalado: We have to... just... we have to remind the people watching and in the audience here that we have a month -to -month agreement. So we can always, you know... Commissioner Plummer: All right. 46 October 28, 1997 Vice Mayor Regalado: ... threaten them, or do something with the agreement. So if... Would you want to modify? Commissioner Plummer: All I want to do is bring it to a successful conclusion the easiest way possible. Vice Mayor Regalado: All right. Then give them 60 days. Commissioner Gibson: Give them 60 days. Commissioner Plummer: They've got 60 days. Vice Mayor Regalado: All right. Commissioner Gibson: I second that. Vice Mayor Regalado: Give them 60 days and that's it. Ms. Blanchette: To hold the process in abeyance? Commissioner Gibson: To hold the formal process in abeyance and have 60 days to come back with a... Mr. Nachlinger: Commissioner, may I ask... Is that holding the formal response that's due 60 days from today? Vice Mayor Regalado: Yes. Commissioner Gibson: Yes. Commissioner Plummer: Fine. Mr. Nachlinger: That's December 27th? Ms. Blanchette: From today or from November 17th? Mr. Nachlinger: From November 17th? Vice Mayor Regalado: No, from today. Ms. Blanchette: From today or November... Vice Mayor Regalado: From today. Commissioner Plummer: Fine. Merry Christmas. Mr. Nachlinger: That's December 27th. Commissioner Plummer: Jingle Bells. Ms. Blanchette: But we're going to reach a deal before that, right? Mr. Nachlinger; Absolutely. 47 October 28, 1997 11 Ms. Blanchette: All right. Vice Mayor Regalado: I hope so. Commissioner Plummer: That's what I want to hear. Ms. Blanchette: Absolutely, Commissioner. Mr. Jones: That's what I've been saying. Vice Mayor Regalado: There is... yeah, before we go... Mr. Manuel Gonzalez-Goenaga: There's a comment. I am one of the citizens. I presume that the citizens will have the opportunity to go over this deal. But let me tell you something in advance. My dear friends from TCI, they like to threaten you with lawsuits. They keep sending me letters and letters... Commissioner Plummer: Because he don't pay his bill. Mr. Gonzalez-Goenaga: And now they come from Massachusetts, because they claim that I have not paid... they cut off. They don't have any compassionate behavior with the citizens. Commissioner Gibson: Boom -Boom, with all your money, it doesn't matter. You could pay that bill and be happy. Mr. Gonzalez-Goenaga: No, no, because it's the matter of principle, lady. Commissioner Gibson: OK. Well, they'll give you compassion. Mr. Gonzalez-Goenaga: So shape up. Shape up. Commissioner Gibson: OK. Mr. Gonzalez-Goenaga: I'm be sincere with the City and with the citizens. We are the owners of the City. Vice Mayor Regalado: The citizens of Miami will have input on this agreement, and we can assure that to the citizens of Miami. Commissioner Plummer: It's got to be before us for approval. Call the roll. Vice Mayor Regalado: So there is a a motion. The motion, Mr. City Manager, we... you know what the motion is. The motion is 60 days from today. Mr. Edward Marquez (City Manager): The motion is 60 days from, today, and we will continue the informal process of negotiation with the hopes of reaching agreement before then. Vice Mayor Regalado: Is that your motion, Commissioner? Commissioner Plummer: Now I'm confused. No, you know, I mean... I really... I thought that what Commissioner Gibson was saying is what I have... 60 days, nothing happens. They make their proposal, OK? And then we'll either accept the proposal, reject it, or negotiate it. Vice Mayor Regalado: Right. 48 October 28, 1997 Commissioner Gibson: But they want to have... Ms. Blanchette: We'll continuous... we'll be negotiating, Commissioner Plummer. Commissioner Plummer: That's tine. Mr. Jones: What they... Commissioner Plummer: That's fine. Mr. Jones: What they're asking for is to have is... what the effect will be is, they will submit instead, on November 20... on November 17th, they would submit, 60 days from today, their formal response. Am I correct? Ms. Blanchette: Our position is, we're going to be negotiating. The formal... Mr. Jones: I mean, but that's on the other side. Ms. Blanchette: It's my understanding that... Vice Mayor Regalado: November 17th is gone. OK? Mr. Jones: Yeah. So I'm saying, 60 days from today... Put it this way. On the one hand, we're going to continue the informal process. Ms. Blanchette: Right. Mr. Jones: On the other hand, they... if we don't come to an agreement, notwithstanding that, they would file, 60 days from today, whatever their proposal is to the City, instead of November 17th. Ms. Blanchette: Right. Mr. Jones: OK? And also included in the motion was the fact that... the extension of dollars on the outside counsel. Commissioner Plummer: Correct. Ms. Blanchette: So you're not holding the formal process in abeyance for us to provide... Vice Mayor Regalado: No. Ms. Blanchette: ... in the event that we don't reach an agreement. You're just extending the time frame for us to file. Vice Mayor Regalado: That's right. Mr. Jones: Yeah, because I think originally, in your letter, you wanted the whole process held in abeyance. And I can't recommend to the Commission that they hold the entire process in abeyance. I think at most... and truly beneficial to the City's interest that, you know, that if... Like I said, if there's going to be an agreement hammered out, I think the Commission is being most kind in giving you a 60-day extension in that regard. 49 October 28, 1997 Ms. Blanchette: Can we ask that the Commission encourage staff to meet with us at least once a week? Vice Mayor Regalado: You can meet twice a week. Ms. Blanchette: Well, I'm just saying at least once. Twice would be fantastic, but we need to be able to meet with some regularity because we want an informal... Vice Mayor Regalado: You know, the most important thing that she has to do is deal with this contract. So... Ms. Blanchette: OK. Thank you. Commissioner Plummer: Let me tell you that if it's once a week that it's necessary for a million dollars a year ($1,000,000), I think they'll make themselves available. Ms. Blanchette: Great. Vice Mayor Regalado: Absolutely. Commissioner Plummer: If they don't, then you call one of us and we'll talk to them. Ms. Blanchette: OK. Ms. Buza: Commissioner, we're very anxious to make ourselves available. Always keep in mind that this process has been ongoing for two years or so, and we've not had substantive offers from TCI during that time, and that's why we had to invoke the formal process. It wasn't our desire to be adversarial. There's no percentage for anybody in that. We want to meet with them. We want to work it out in agreement. Commissioner Plummer: The only problem is, there was a period of time that they weren't paying us. Ms. Buza: Yes. And that's been resolved. Commissioner Plummer: And that's the important factor to me. Vice Mayor Regalado: And this is why I say again that the members of this Commission should be informed of the process, because that way, we can meet with members of TCI and explain to them, you know, our concerns, and give them the input from the people of Miami, because we get a lot of input from the people on the cable system. So this is why we need to be informed. There is... So there is a motion by Commissioner Plummer. You second it? Commissioner Gibson: Yes. Vice Mayor Regalado: Seconded by Commissioner Gibson. J.L.? Commissioner Plummer: Yes, sir. Vice Mayor Regalado: OK. He said yes, so all in favor, signify by saying "aye." The Commission (Collectively): Aye. Ms. Blanchette: Thank you. 50 October 28, 1997 • The following motion and resolution were introduced by Commissioner Plummer, who moved their adoption: MOTION NO. 97-758 A MOTION TO EXTEND THE DEADLINE FOR SUBMITTAL OF PROPOSALS IN CONNECTION WITH CABLE TELEVISION FRANCHISE SERVICES UNTIL DECEMBER 27, 1997; FURTHER DIRECTING THE ADMINISTRATION THAT DURING THE INTERIM TO CONTINUE THE INFORMAL PROCESS. RESOLUTION NO. 97-758.1 A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the motion and resolution were passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Vice Mayor Regalado: There is... As a discussion item, there is item 20. I would rather leave that for later, because we have many persons that would like to participate in the items to be considered here, and I think that it would waste their time to discuss. Item 20 is the sale of the Watson, or possible sale of the Watson Building, but... 20, 20. We... let me see. OK. NOTE FOR THE RECORD: At this point, agenda item 20 was tabled. 51 October 28, 1997 • • ------------- -------------------------------------------------------------------------------------------------- 22. AUTHORIZE CITY MANAGER TO REALLOCATE $2,880,000 AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME AND CONTINGENCY FUNDS -- FOR ELIGIBLE CDBG ACTIVITIES IN LOW / MODERATE INCOME DEVELOPMENT TARGET AREAS -- SEE LABEL 7B. Vice Mayor Regalado: Item 3, we need to address this before we go into the Zoning. Commissioner Plummer: Are you going to do some pocket items first, or you want to hold them? Vice Mayor Regalado: J.L., we have persons here... While you're here... Commissioner Plummer: OK. Vice Mayor Regalado: ... you know, I would rather... Commissioner Plummer: There was a request for a continuance on item... What's the one from Jackson Hospital? Commissioner Gibson: Three. Vice Mayor Regalado: Three, item 3, but... Commissioner Plummer: Jackson Hospital. Vice Mayor Regalado: ... I asked for that, but I've been briefed on that item, so I'm ready to go ahead and vote. Commissioner Plummer: Mr. Vice Mayor, on PZ-1, as you know, I have... Vice Mayor Regalado: Well, we need to resolve item 3. Before item 3... Commissioner Plummer: Of the regular agenda? Vice Mayor Regalado: In the regular agenda, yes. In the public hearings of the regular agenda. Commissioner Gort: CDBGs (Community Development Block Grants). Commissioner Plummer: Oh, OK. All right. Mr. Elbert Waters (Director, Community Development): Good afternoon. Item number 3, the Administration is recommending that the Commission adopt the attached resolution, which we programmed approximately two million eight hundred eighty thousand... eighty million dollars ($80,000,000) of available Community Development Block Grant funds from our program income and contingency to certain City -sponsored CDBG activities. The recommendations as it relates to these allocations do not... in no way impact our current CDBG activities, which we have underway. We have publicized this reallocation recommendation through various different local media, and I will basically discuss with you... briefly go through each of the projects for 52 October 28, 1997 J your edification. The first project is the Liberty Village Housing Project. This is pursuant to a resolution that the Commission passed earlier, which recommended providing funding for the St. John's Community Development Corporation for this project in the amount of five hundred thousand dollars ($500,000). The Administration is formalizing that directive through this action. The second item is titled the Bayfront Park Capital Improvements Project or program, in the amount of four hundred and eighty thousand dollars ($480,000). This is to provide construction financing for a number of capital improvement projects for the Bayfront Park facility. This looks at walkways, resurfacing of laser tile and the like. The third project is the Commercial Code Compliance Project. This is in the amount of six hundred and fifty thousand dollars ($650,000), and it is to provide economic development assistance to our small businesses throughout our eight CD (Community Development) targeted areas. This will give those businesses an opportunity to remain here within the City of Miami to help improve their properties, which may have been indicated as it relates to violations associated with life safety issues. We're providing these dollars for the small business person to rehab their particular facilities, and hopefully encourage them to remain within the City of Miami. The next project is one of our most popular projects. It is the Commercial Paint Program. We're recommending two hundred and fifty thousand dollars ($250,000) be available for that program. Here, again, this allows small business owners up to two thousand dollars ($2,000) to be provided to those particular business establishments, to allow them to bring their properties, and help us with our neighborhood revitalization efforts. The next project is our Housing Loan Recovery Fund, in the amount of five hundred thousand dollars ($500,000). We're requesting that this fund be established in order to assist us in recapturing and protecting the City's housing loan portfolio. As you may recall, we've been in certain positions where the City is unable to either take advantage of a foreclosure action or is able to protect its interest. By approving this particular revolving... housing loan recovery fund, it will enable the Administration to aggressively go and protect the City's interest, as it relates to our housing loan portfolio. The last project is the West Brickell Apartments housing loan. This involves providing a loan to the Downtown Miami Community Development Corp... Coalition in the amount of five hundred thousand dollars ($500,000), as it relates to finishing... financing the West Brickell Apartments Project, which is located on 9th and Southwest 2nd Avenue. This is a total of 130 units. The total amount that the Administration is proposing for reallocation is two million eight hundred and eighty thousand dollars ($2,880,000). And I will address any concerns or questions the Commission may have. Commissioner Gibson: I move it. Commissioner Plummer: Second. Vice Mayor Regalado: OK. Item 3 has been moved by Commissioner Gibson, second by Commissioner Plummer. Mr. Cruz. Mr. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I just heard Mr. Waters from Administration for over five minutes. I hope the Commission will allow me at least five minutes, too. Vice Mayor Regalado: You have two minutes. Mr. Cruz: Well, first I'm going to give some of my credentials. I've been associated with the Community Development since the inception, 1976. I remember at the time when Dena... Dena Bianchino used to be the boss of Jack Luft. - Now it's the other way around. So I know. I've been there until September 9, 1997, when I had to resign because I became a candidate. What I am going to see here... what is in here. Welfare for the rich? Because this doesn't say anything to who it's going. Who is the Community Development in Downtown? Who are the officers of that thing? Who's benefiting from that? I'd like to know that. It's got to be more, more information than that. There's no information, where the money's coming from continuously. 53 October 28, 1997 0 • What? Three million dollars ($3,000,000). `:,Almost, that's 20 percent of the grant that we receive from HUD (Department of Housing and Urban Development). I think maybe Andrew Cuomo would like to hear from what's going on here. Because... OK. Downtown is a target area, fine. Because they got few poor people living in hurricane towers, and the homeless and that, they qualify. But don't tell me that Jorge Perez is a poor guy, housing. You got a lot joint ventures here, joint ventures. Jorge Perez started Community Development at the beginning, and he had Civic Tower, I think 202 in Allapattah. He never bothered to go to Allapattah to a park to give a penny to any program there. And I resent that. He starting being a zillionaire with the poor money, because he was in Community Development. He was Dena's boss, too. So I say those things. Why is his name here and other names? What is... former names, all these names here? They don't come here. How come? People should be more informed what's going on with all this money. Welfare for the rich, that's what it is there. That's all. Vice Mayor Regalado: Thank you. NOTE FOR THE RECORD: Mayor Carollo enters the ommission chamber at 3:59 p.m. Mr. Manuel Gonzalez-Goenaga: Well, my name is Manuel Gonzalez-Goenaga. I was told by some Commissioners, and I will not name their names, that the day I leave Miami for good I will be given the keys to the City. Also in Dade County Commission meeting. Now, we... you stated, Mr. Elbert, protecting the City interest on the Housing Loan Recovery Fund of a half a million dollars. But I am... and I am not Walter Mercado, that if you advance on the Brickell Bay Apartments five hundred... in addition, five hundred thousand dollars ($500,000), you will need the recovery fund in order to protect our interest, because we are not in first mortgage. We are not in second mortgage. And let me tell you, the profit is as though it was developed by non- profit organizations. You might fool some Commissioners, but you don't fool this watchdog for the citizens of Miami. And I am not looking for votes, I am not even... I am not... how do you... a candidate for anything. I am protecting the people's money, which is Federal money. But who pays the Federal money? And remember, Commissioners, let's make... I have said many years ago, you may steal City Hall intact, provided you tell us in advance. Then there is no problem. Full, fair, honest and transparency in government. Thank you very much. And I hope that you understand what I'm after. Mr. Grady Muhammad: Good afternoon, Mayor, Commissioners, Grady Muhammad, 5660 Northwest 7th Avenue, Muhammad Mosque Number 29. This proposed reprogramming of these funds, the majority of the project, all of them literally are worthy, but if you give Bayfront Park four hundred and eighty thousand dollars ($480,000), that's fine. But, we... next month, Dade County will be putting a bond issue that the voters passed last November 4th... to a bond issue that the voters passed last November 4th for two hundred million dollars ($200,000,000) for parks. If that money is advanaced to Bayfront Park, we would hope it's reimbursed directly from that bond issue, because that is a capital improvement project. And, then, once those funds are reimbursed to the City, it would go to Economic Development in Liberty City, Model City and other areas throughout the City. The five hundred thousand dollars ($500,000) will be Brickell Housing component, the Homeless Trust has already advanced them eight hundred thousand dollars ($800,000). Forty units of the 130 will be for persons formerly homeless. It's a one hundred and ninety-five dollar ($195) effeciency. But, Brickell is not a target area for... Out of the eight CD (Community Development) target areas, Brickell does not quality. Those developers should have no problem getting any kind of funding or financing that they need, giving five hundred thousand dollars ($500,000) or even loaning them five hundred thousand 54 October 28, 1997 dollars ,($500,000) for a two and a half year period. If you do, please, allow that money also to come back to the inner cities and Citywide for economic development. Because, we don't see anything going on in Liberty City. The five hundred thousand to the Lyric Housing project is a magnificent use of the money. So, Mr. Mayor, Commissioners, please, if you get the money to those projects, please assure Liberty City, Model City also gets a fair share. Thank you. Vice Mayor Regalado: Thank you. Mr. Mayor, I think we are ready to vote on item three. Oh. Ms. Adriene Pardo: Hi, my name is Adrienne Pardo, with offices at 1221 Brickell Avenue. I am here today on behalf of the Downtown CDC (Community Development Coalition) and the related group. We were here approximately two weeks ago. If you have any questions regarding that particular grant, we would be happy to answer it. Mr. Jeffrey Bercow: Mr. Mayor, Jeffrey Bercow, also here on behalf of the Downtown Miami Community Development Coalition. I am the secretary of the coalition. We are the owners of the project. We are volunteer, not for pay people who have worked on this project and are trying to increase affordable housing in the downtown area. There are other members of the board who are also here today, such as Donald Benjamin and Phil Yaffa. We receive no renumeration and I recent Mr. Cruz' allegations that, in fact, this is welfare for the rich. Thank you. Commissioner Plummer: The only thing I want to remind the administration is, you know, we are going to District Commissioners, OK. And, I think what I am going to say has got to be remembered in all aspects of City business. And, that is, that we spread the wealth across the board, that we don't neglect one district for another. Now, there is of course a determination by need, but like has said, my district, District 2, is just as much in need of housing as other places around. So, I would just hope that in the future, when you come forth with these recommendations and proposals that you keep that in mind. And, I am speaking I think, for every Commissioner who is going to be fighting... we are parochial now, whether we like it or not. We do... I like it. I think it's a great idea. But, I think that we have got to remember that we are all going to be fighting for our particular districts. So, I hope you will keep that in mind in the future. Mayor Carollo: Well, that is understandable, Commissioner. But, I just want to emphasize again, that while your statements are understandable, it's human nature. We also have to make sure that areas of the City of Miami that are in much, much, more dire need than others, are going to receive a much higher percentage. Now, Overtown for instance, East Little Havana, Wynwood, Liberty City, Allapattah. We have many areas of Miami that you cannot consider in giving only the same percentages as other areas. These are areas that are going to need a lot more help from this government than others. Commissioner Plummer: Mr. Mayor, you hit it right on the head. And, one of the reasons I have said that was, Wynwood is in my particular area. And, that is why... Commissioner Gibson: And, Coconut Grove. Commissioner Plummer: ... and Coconut Grove is in my area. So, these are the areas that I think... And, again, I did make the mention based on need, is also a very important criteria. I think that the motion has been made and seconded. Mayor Carollo: OK, there is a motion, there is a second. Is there any one of us that would like to address this body on the motion? Mr. Lorenzo Rodriguez: Mr. Mayor, members of the Commission. My name is Lorenzo Rodriguez, I am the Executive Director of the Edgewater Economic Development Corporation. 55 October 28, 1997 I urge you to vote for this reso, motion. Because, the facade program has been on standstill for a month because there is no money in the budget to carry on the program. So, I urge you to approve the funds so that we can go back to work on the facade program. Mayor Carollo: OK, hearing no further discussion from the public. Does the Commission have any further questions or statements that it would like to make? Hearing none, can you call the roll? The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 97-759 A RESOLUTION AUTHORITIES THE CITY MANAGER TO REALLOCATE $2,880,000.00 OF AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AND CONTINGENCY FUNDS TO BE ALLOCATED FOR ELIGIBLE CITY SPONSORED CDBG ACTIVITIES IN LOW AND MODERATE INCOME DEVELOPMENT TARGET AREAS AS HEREIN SPECIFIED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IF APPLICABLE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AGENCIES AND/OR LOAN APPLICANTS FOR SAID PROJECTS. (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 Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------- --------------- --------------------------------------------------------- 23. COMMENTS RECOGNIZING COMMISSIONER GIBSON'S GOOD JOB AS INTERIM COMMISSIONER. (See label 60) Mayor Carollo: OK, we are on item Commissioner Plummer: Mr. Mayor, if I may? Mayor Carollo: Yes, Commissioner, go ahead. Commissioner Plummer: Mr. Mayor, all of us are very grateful and very thankful that Commissioner Gibson stepped in and did what is needed by this Commission. And today we recognize that it's her last day sitting on this Commission. And I thought it was only appropriate 56 October 28, 1997 that in some way shape or form, that we should recognize the very tine service that she has done for this community, which is her community. And we have a cake, Mr. Mayor, if you will present that to her, please. And, then everybody can have a piece of cake. Mayor Carollo: Commissioner, this is only one of many presentations we will be making in the next week to you. Just like the Marlins parade, it's only the beginning. [APPLAUSE] Commissioner Gibson: Thank you. Thank you, very much. I am really embarrased by that. I appreciate your thoughtfulness and what I have done, I have done it out of love for this City. And, if aked to do it again, I will do it again. However, I can assure you, I would not be running for any office. But, it has been my pleasure to work with the staff and of course with this great Commission, and I say to you, thank you for allowing me to serve. Thank you to the Commission and the Mayor for having the courage to appoint me to this postion to serve. And, I am truly grateful. Commissioner Plummer: So be it. [APPLAUSE] Mayor Carollo: Commissioner, let me say that I have been very, very proud of having the weeks that we have served together. I can honestly say that the dignity, the decorum and the class that Commissioner Thelma Gibson brought to this Commission is the kind of class and dignity that we needed at this point in time in our history. The kind of class and dignity and respect that... I am going to ask her to make sure that this body keeps having from here on. I am very proud to have served with her. She has done a great job and we look forward in working with Thelma Gibson for many, many years to come. Thank you, Commissioner. Commissioner Gibson: Thank you. [APPLAUSE) ---------------------------------------------------------------------------------------------------------------- 24. (A) AUTHORIZE ASSET MANAGEMENT TO START LEASING NEGOTIATIONS WITH GOLDEN SANDS -- FOR JOBS TRAINING PROGRAM TO MOVE FROM DUPONT PLAZA. (B) APPRISING COMMISSION OF ADDITIONAL WAGES FUNDS RECEIVED TO FUND CITY'S WELFARE TO WORK PROGRAM. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: Mr. Mayor, there are some items that were deferred, waiting to have a full board. However, if you want to start with the zoning, we have many people in the audience that have been here for a while. Mayor Carollo: Are there... Is there anyone here that is pressing for any items that wasn't taken up in our regular Commission agenda? Commissioner Plummer: You have Firehouse. You have the boatyard. Vice Mayor Regalado: We have Firehouse and the Grove Harbor. 57 October 28, 1997 Commissioner Plummer: Those two items. Mayor Carollo: OK. How many people are here for those two items? Just... Vice Mayor Regalado: Not too many. Mayor Carollo: No, not too many. How about for all the different zoning items that we have. Can I see a show of hands, how many people are here for them? Commissioner Plummer: Well, everybody else. Mayor Carollo: All right. I just wanted to make sure that there weren't a lot of people here that just came to watch my colleague here. Commissioner Plummer: Yeah, that's right. Absolutely. Mayor Carollo: What is the will of the Commission? Would you like to go into the regular zoning agenda where we have a lot of people present here for, or? Commissioner Plummer: That's my vote. Vice Mayor Regalado: Yes, let's do that, Mr. Mayor... Mayor Carollo: OK. Vice Mayor Regalado: ... because J.L., you have to go, 5:30, right? Commissioner Gibson: I have just one that I would like to bring up before that time. Because, it's just been... Mayor Carollo: That's all right. Go ahead Commissioner. Commissioner Gibson: Ms. Gwendolyn... Ms. Warren, you want to come up. This is the one that we were asking in -kind housing so that they could move out of Dupont Plaza. I think I gave all of you a copy. It's in this package. Mayor Carollo: Yes. Commissioner Gibson: What we really want is, Asset Management to start leasing negotiations with Golden Sands (phonetic). And, I think everybody has a copy of this. And, I was pleased to work with Ms. Warren and Mr. Elbert on this, and they have found, what I think is going to make everybody pleased. They are going to use the entrepreneurial center as a training center in the Liberty City area. It's Model City. We are going to use some existing agencies in the Cuban community and Little Havana, and we are going to have a lease with Golden Sands to move them out just as soon as we can get the negotiation done, and we will be in all parts of the City. And, I am very pleased to work with this group. Commissioner Plummer: You move it. Commissioner Gort: I second. Mayor Carollo: There is a motion, there is a second. Is there anything the administration would like to add to this lively discussion? 58 October 28, 1997 Ms. Gwendolyn Warren (Community Development Jobs Program): No, sir. We are just very happy. Mayor Carollo: Very good. Commissioner Plummer: For the record, Mr. Mayor, as you are probably aware, we have just recently received two million dollars ($2,000,000) in WAGES (Work and Gains Economic Self - Sufficiency) money, which now makes that total budget of that department around four. OK. So, we have got a big job to do. There is a lot of work to be done. As we are all aware, a year from now is when welfare is over and we are going to go about the business very, very strongly in this City, who is most affected in Dade County, to try and get people trained to get them off of welfare and on to work. Mayor Carollo: Thank you, very much. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." OK, now we will... Commissioner Gibson: Thank you, thank you. Mayor Carollo: That's fine, Commissioner. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-760 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND GOLDEN SANDS ALLAPATTAH CORPORATION, FOR THE PURPOSE OF LEASING 11.648 SQUARE FEET OF OFFICE SPACE AT THE NATIONS BANK BUILDING, 1313 N.W. 36TH STREET, MIAMI, FLORIDA, FOR THE CITY OF MIAMI JOBS PROGRAM OFFICE, FOR AN INITIAL TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID LEASE, AT A GROSS RATE OF $13.00 PER SQUARE FOOT, FOR A MONTHLY COST OF $12,618.67. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 59 October 28, 1997 MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of October, 1997, the City Commission of Miami, Florida, met at its Planning and Zoning meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 4:15 p.m. by Mayor Joe Carollo with the following members of the Commission found to be present: ALSO PRESENT: Mayor Joe Carollo Vice Mayor Tomas Regalado Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Edward Marquez, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk ---------------------------------------------------------------------------------------------------------------- 25. DISCUSS / CONTINUE TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997 CONSIDERATION OF PZ-1 (PROPOSED OFFICIAL VACATION AND CLOSURE OF PUBLIC RIGHT-OF-WAY -- LOCATION: 1695 N.W. 9 AVENUE -- APPLICANT: JACKSON MEMORIAL HOSPITAL). Mayor Carollo: We will go now, to Planning and Zoning item number one. Commissioner Plummer: Mr. Mayor, PZ-1 has been asked by the County to me personally to be continued. And, I at this time, I would so move. Mayor Carollo: There is a motion for PZ-1... Commissioner Gort: Second. Mayor Carollo: ... to be continued. Second by Commissioner Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." 60 October 28, 1997 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-761 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1 (OFFICIAL VACATION AND CLOSURE OF A PUBLIC RIGHT-OF-WAY, BEING TRACK "A" AND "B" THE PORTION OF N.W. 8TH AVENUE BETWEEN 16TH AND 17TH STREET OF MEDICAL SUBDIVISION) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 25, 1997. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: Joe, I am sorry, to a date certain which is... Ms. Lourdes Slazyk (Assistant Director/Planning Department): Date certain, November 25th. Commissioner Plummer: OK, to a date certain of November 25th. Mayor Carollo: Certainly. ------------------------- --------------------------------------------- ------------------------------------------ 26. APPROVE OFFICIAL VACATION AND CLOSURE OF PUBLIC RIGHT-OF- WAY OF ALLEYS LOCATED WITHIN BLOCK BOUNDED BY BRICKELL AVENUE, SE 14 LANE / SE BAYSHORE DRIVE / SE 14 TERRACE -- ZONED SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT -- LOCATION: 1441 BRICKELL AVENUE -- APPLICANT: TERREMARK BRICKELL II, LTD. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We are now in PZ-2. Mr. Jim Kay (Interim Director/Public Works): Mr. Mayor, members of the Commission. PZ-2 is an application for a vacation and closure of three alleys in conjunction... Commissioner Plummer: You really want to go through this, Jim? Excuse me. Mr. Kay: Yes. Commissioner Plummer: You know, is there any objectors to PZ-2? It's their own property, they are just asking us to close it. Mr. Mayor, if there are no objectors, I will... 61 October 28, 1997 Commissioner Gort: Move it. Commissioner Plummer: I'll... second PZ-2. Vice Mayor Regalado: OK, did anybody want to address the Commission on PZ-2? OK. Commissioner Plummer: Call the roll. Vice Mayor Regalado: OK, Mr. Mayor, it has been moved. Commissioner Plummer: Second. Vice Mayor Regalado: Second. Mayor Carollo: OK. Is there any further discussion from the Commission? Vice Mayor Regalado: There is no discussion, Mr. Mayor. Mayor Carollo: All right, what? OK. Vice Mayor Regalado: There being nobody from the public who wants to address the Commission on this issue. Mayor Carollo: OK, no one from the public that would like to address the Commission on this issue? Commissioner Plummer: I asked. Mayor Carollo: What is the... Vice Mayor Regalado: Nobody. Mayor Carollo: ... recommendation from the City Administration? Mr. Kay: The administration is recommending the vacation, close of these alleys. Mayor Carollo: Very good. All in favor signify by saying "aye." Mayor Carollo: There are no "nays." It passes unanimously. 62 October 28, 1997 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-762 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE TWO NORTH -SOUTH ALLEYS AND ONE EAST -WEST ALLEY LOCATED WITHIN THE BLOCK BOUNDED BY BRICKELL AVENUE, SOUTHEAST 14 LANE, SOUTHEAST BAYSHORE DRIVE, AND SOUTHEAST 14 TERRACE (MORE PARTICULARLY DESCRIBED HEREIN); AND MAKING FINDINGS. (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 Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Ms. Pardo: Thank you, very much. Mayor Carollo: You are welcome. ---------------------------------------------------------------------------------------------------------------- 27. TABLE AGENDA ITEM 16 TO LATER IN MEETING (EXECUTE LEASE AND DEVELOPMENT AGREEMENT WITH HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC. -- SEE LABEL 46. Mayor Carollo: We are now in PZ-3. Mr. Jack Luft (Director/Planning & Development): Mr. Mayor, if... Mr. Mayor, if I may? Mayor Carollo: Go ahead, certainly. Mr. Ramon Rasco: Thank you, Mr. Mayor. Ramon Rasco, 5200 Blue Lagoon Drive, Miami. Our item is number 16 on the regular agenda and was deferred before, until the full Commission was here because of the importance of the item. I know that Commissioner Plummer has to leave. And, I want to make sure that we are heard at some time before the full Commission is not here. And, that's what I wanted to say. If... I think it's important. Commissioner Plummer: Don't take up our time, we might get there. 63 October 28, 1997 • • Mr. Rasco: Thank you. ---------------------------------------------------------------------------------------------------------------- 28. AMEND R82-716 PERMITTING MULTI -STORY BUILDING CALLED MIRAMAR -- ALLOW DOWNSIZING OF PROJECT TO 471 UNITS AND TWO VARIANCES -- FURTHER REQUESTING WAIVER OF CITY'S PARKING GUIDES AND STANDARDS -- LOCATION: 1744-1756 NORTH BAYSHORE DRIVE -- APPLICANT: SYNCHRON PARKING SYSTEMS, INC., TIBOR HOLLO, PRESIDENT. Commissioner Plummer: Mr. Mayor, on item 3, likewise. If there is no one here in objection, it's moved for approval by the department. And, as far as I am concerned, if there is no objections or no one wishes to speak on the issue, I don't think we have to go into it. We have all had the background. I would move it. Ms. Lourdes Slazyk (Asst. Dir. (Land Dev. & GIS): And, I believe the applicant agrees with the conditions that the department requested. Commissioner Plummer: It has to be, that's why I am moving it. Mayor Carollo: There is a motion by Commissioner Plummer, it was second by who? Commissioner Gort: I will second it. Mayor Carollo: Second by Commissioner Gort. Is there anyone from the public that would like to address this body on PZ-3? Hearing none, is there any further discussion from the Commission? All in favor, signify by saying "aye." The Commission (Collectively): Aye. 64 October 28, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-763 A RESOLUTION FOLLOWING A DULY CONDUCTED PUBLIC HEARING, AMENDING CITY COMMISSION MOTION 82-68, ADOPTED ON JANUARY 28, 1982, AND RESOLUTION NOS. 82-179 AND 82-713, ADOPTED JULY 29, 1982, WHICH GRANTED TEN (10) VARIANCES FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, AND AN EXTENSION OF TIME FOR THE VARIANCES FOR A PROPOSED MULTI -STORY HOTEL ON THE PROPERTY LOCATED AT APPROXIMATELY 1744-1756 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, SUBJECT TO CONDITIONS STATED THEREIN, TO (A) PERMIT THE DOWNSIZING OF THE PROPOSED PROJECT FROM 553 HOTEL ROOMS TO 471 RESIDENTIAL UNITS, (B) TO CONFIRM TWO (2) OF THE TEN (10) VARIANCES ORIGINALLY GRANTED SUBJECT TO THE ADDITIONAL CONDITIONS SET FORTH BY THE DEPARTMENT OF PLANNING AND DEVELOPMENT IN EXHIBIT "1" ATTACHED HERETO, AND (C) TO ACKNOWLEDGE THE PROPOSED PROJECT FOR A MULTI -STORY BUILDING, AS PER SITE PLANS ON FILE, ENTITLED "MIRAMAR" DATED SEPTEMBER 4, 1997, OF WHICH CONSTRUCTION COMMENCED ON THE PROPERTY PRIOR TO THE ENACTMENT OF, AND THEREFORE IS NOT SUBJECT TO, THE CITY PARKING GUIDES AND STANDARDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Ms. Vicky Leiva: Thank you. Mayor Carollo: Certainly. 65 October 28, 1997 • ---------------------------------------------------------------------------------------------------------------- 29. (A)REVERSE ZONING BOARD DECISION DENYING VARIANCE AS LISTED IN ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, TO PERMIT REAR YARD SETBACK OF 5'-8" FOR EXISTING MULTIFAMILY STRUCTURE -- ZONED R-2 TWO-FAMILY RESIDENTIAL -- LOCATION: 1273 N.W. 24 STREET -- APPLICANT: JULIAN AND KATHLEEN GARCIA. (B)COMMENTS REGARDING NEED TO ENSURE THAT MITIGATION OF FINES BY CODE ENFORCEMENT BOARD IS NOT DONE FREELY. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We are in PZ-4. Commissioner Plummer: Now we go into the denials. Ms. Lourdes Slazyk (Asst. Dir./Land Dev. & GIS): PZ-4, is an appeal of a variance that was denied by the Zoning Board. This item was heard before you at the last meeting, and it was continued to this meeting. The applicant was trying to find an expert witness on a hardship issue. And, our recommendation still stands. Commissioner Plummer: This is an appeal of the denial? Ms. Slazyk: Right. Commissioner Plummer: OK. Ms. Slazyk: The Zoning Board denied, the department recommended denial and the applicant is here. Mayor Carollo: OK, can you swear him in? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Julian Garcia: Yes, I do. My name is Julian Garcia. I reside at 8150 Southwest 79th Terrace. And, I have Mike Manin with me who is working probono. He is the former chief building inspector of the Cities of Hialeah, and Hialeah Gardens. He is the superintendent or used to be the superintendent of Water and Sewer Department for Hialeah Gardens. Mr. Joel Maxwell, Esq. (Deputy City Attorney): Mr. Mayor, I think the proper thing would be to allow the expert to indicate what his credentials are on the record, rather than the applicant. Mr. Mike Manin: My name is Mike Manin, and I live at 1865 Southwest 10th Street, Miami. And, I have been involved in the building business, zoning and so forth, since 1949, in Hialeah, throughout the area. I presently have an inspection company. I am here on behalf of my brother-in-law to explain the situation that seems like there is quite a hardship. And, that's in regard to his apartment building. There is an encrochment of several feet beyond what the zoning setback is, and in order to comply with the zoning which, incidently, he purchased this property. And, that way, it presumably was supposed to be grandfathered in. There also is about 66 October 28, 1997 i 14 feet oft the house that would have to be torn down in order to meet the requirements. This is an area that is... has commercial property. It has commercial business across the street, in several blocks. It has an R-2 area throughout the place and there are also others that have the same violation that he has, in the immediate block. And, in order to comply, he would have to spend thousands of dollars to bring it up to the present code because the building code requires that once you have 50 percent over, that you have to repair or redo, or take down. Then, you must bring everything up to the present code, even though the code of the past still suffices for that. So, it... he would have more money involved in the building than it's worth. But, yet, it would also remove the people that live in there, and a hardship for them because places are bad and hard to find. And, in order... when I say they would have to go, it's because you would have to take the plumbing. And, once you start on repairs, and then bring them up to the present day code, that means that you would have to take the plumbing throughout the whole apartments, not only the one but the four that's there and redo that. Underground sewage, the electric, the whole works. So, it would create some problem there. So, in consideration that there are others that are there, you just about might want to say there is selective discrimination to put this house, and have this done, without doing all the rest in the same block. Vice Mayor Regalado: Excuse, me. I remember this case. I remember that first there were some neighbors complaints, but then he brought some letters from the neighbors saying that he had complied with all the grievances that he had, is that correct? Ms. Slazyk: Yes, sir. At the Zoning Board hearing, the complaints from the neighbors were regarding the garbage situation. Because, this was an R-2 zone, they weren't required to have the dumpster, so the garbage was a problem and the applicant has corrected that and the neighbors were satisfied. Vice Mayor Regalado: So, there is no neighbors complaint. What is this issue of having the same problem in the same block and we not doing anything? Ms. Slazyk: I am not sure about the remainder of the neighborhood but this application is for a variance for a setback. There was an addition built to the rear structure without proper permits and it encroached into the setback area. It's an R-2 zone that's legally grandfathered with a three unit apartment building in the front and a single family residence at the rear. That's why he is legally entitled to four units in an R-2. But, that's not what the issue here... The issue here today is the setback. Commissioner Gort: The setback. I know the area well, it's around my house. 23rd Street, it's a very commercial area. It's a very transitional area that we have in there. We have public houses right next door to them, and, as a matter of fact, I think it's Gwen Cherry, the public housing that is in front of it. I think the gentleman has tried to comply with it. And, once again, we have to, I would like to ask the Planning Department to do a study of that whole area, because that whole area is changing completely. I would like to take the opprotunity to do that now. For those reasons, I move for approval. Mr. Maxwell: This will be reversing the decision of the Zoning Board. Commissioner Gort: Reversing the decision of the Zoning Board. Vice Mayor Regalado: OK, there is a motion by Commissioner Gort, and... Commissioner Gibson: Second. Vice Mayor Regalado: ... second by Commissioner Gibson. Is there anybody from the public that wants to address this issue? No. We are ready to vote. 67 October 28, 1997 I Commissioner Plummer: I am sorry, Vice Mayor, the motion was? Vice Mayor Regalado: The motion was to approve... Mr. Maxwell: Reverse the decision of the Zoning Board to grant this variance. Commissioner Plummer: OK, tell me, how they corrected the problem with the trash? Did they take out dumpsters? Mr. Garcia: I went and I spoke to the City, the City told me that they were going to go to the site, inspect the site, and see if they can go back to curbside pickup instead of garbage dumpster. Subsequent to that, they went, they approved me. And, since, August the 1st, I believe, they have been doing curbside pickup and that solved the problem with the neighbors since the problem was... Commissioner Plummer: Sir, you understand this is a variance? Mr. Garcia: Yes, sir. Commissioner Plummer: We can add any stipulations to a variance that we wish. Mr. Garcia: Yes, sir. Commissioner Plummer: The stipulation that I am going to apply, that at any time that you do not take care of the garbage problem, it will come back before this board and you take a serious chance of losing what's going to be approved here for you today. Mr. Garcia: I assure you, I will... Commissioner Plummer: That's a condition to the variance. Mr. Garcia: Thank you. Vice Mayor Regalado: Right, so you know what's the will of the commission. We are ready to vote. All in favor. The Commission (Collectively): Aye. r 68 October 28, 1997 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-764 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE TO PERMIT A REAR YARD SETBACK OF 5'-8" (20'-0" REQUIRED) FOR AN EXISTING MULTIFAMILY STRUCTURE FOR THE PROPERTY LOCATED AT APPROXIMATELY 1273 NORTHWEST 24TH STREET AND ZONED R-2 TWO-FAMILY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO AN ONGOING OBLIGATION TO PROPERLY DISPOSE OF GARBAGE AND TRASH ON A TIMELY BASIS OR RISK LOSS/REVOCATION OF THIS VARIANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Mr. Garcia: Thank you, very much. Commissioner Gort: Mr. Vice Mayor. Mr. Garcia: Thank you. Commissioner Gort: This once again brings the issue that we have a lot of problems in the area... Mr. Garcia: You guys are great. I appreciate it. Commissioner Gort: It doesn't have anything to do with this case, but it's similar to this case. We have a lot of people here, that will buy homes and they are not in compliance with either code violation. And, if you recalled at one time, that we got together with the realtors, to try to come up with an idea with any house that is going to be sold within the City of Miami should should go to the inspector of a NET (Neighborhood Enhancement Teams) Office to make sure that they are in compliance with City codes. Because, one of the things that happened in here, a lot of people are buying homes, they are not realizing there might be a lien against that home and they might be in violation of the code. And, I think just like we did, they require, the banks require termite inspections and they require roofing inspections, I think they should also try to require an inspection to make sure that they are in compliance with all the City ordinance. Commissioner Plummer: And while you are talking about that, if I may take a minute. Mr. City Attorney? 69 October 28, 1997 Mr. Maxwell: Sir. Commissioner Plummer: I was very upset the other day in watching Cable TV on Code Enforcement. And, I want to send a message and I think this Commission maybe does. In any... One particular case, that a fine had been levied against this particular item, of 42, or 43 or forty- four thousand dollars ($44,000). The City Attorney recommended mitigating to twenty-nine thousand dollars ($29,000). The board turned around and mitigated it down to ten thousand dollars ($10,000). I want to tell you somethig. I have said all the way along, that the only way we are going to get people to come in compliance is to hit them in the wallet. And, as far as I am concerned, when you mitigate a fine, legitimate fine imposed, of forty-four thousand dollars ($44,000), and you cut it down to ten, to me it's a joke. I hope that the proper people in this City will send a message to the Code Enforcement Board that, if they are going to mean business, mean business. And, if they don't, then, let's forget about it. Because I think that people like myself who were watching that hearing, said what the hell good was it, if you really didn't really make them and put their feet to the fire. I am not talking about revenue dollars and raising money for the City. But, if you are going to make people respect the authority, you have got to say, enough is enough. Thank you, Mr. Vice Mayor. Vice Mayor Regalado: Thank you. I also want to say that this case went before this Commission, several times. And, this person has done a lot to comply with all the neighbors complaints and grievances. This Commission does not, never have a double standard of approving or rejecting some appeals. It's just that, in this case, we saw the will of this family to resolve all the problems with the neighbors and in good faith he acted. So, this is why this Commission... ---------------------------------------------------------------------------------------------------------------- 30. DISCUSS / CONTINUE CONSIDERATION OF PZ5( APPEAL OF ZONING BOARD DECISION DENYING VARIANCE FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT STRUCTURE WITH REAR YARD SETBACK OF 3'-0" -- FOR EXISTING ADDITION TO SINGLE FAMILY RESIDENCE -- ZONED R-1 SINGLE FAMILY RESIDENTIAL -- LOCATION: 2615 S.W. 20 STREET -- APPLICANT: OLIVER DE CAMPOAMOR) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We are on item five. Vice Mayor Regalado: Item five. Ms. Lourdes Slazyk (Asst. Dir./Land Dev. & GIS): PZ-5, is also an appeal of a variance that was denied by the Zoning Board. The department is also recommending denial. There is no hardship to justify these variances. The lot is 5,500 square feet, which is an oversized lot, and the existing structure was constructed without a building permit. The setbacks are five feet. It is what's required on the side. They have left three. And, at the rear, ten feet is what's required and they have left three. I also have a letter here that was submitted by the Shenandoah Neighborhood Association, they were here earlier. They were expecting to come up earlier, and they basically are, you know, thanking you for your past support on these issues and asking that you once again support the denial of the variance at 2615 Southwest 20th Street. I will pass the letter... 70 October 28, 1997 Commissioner Plummer: I have one. Ms. Slazyk: Oh, OK. Vice Mayor Regalado: I don't have it. So... Commissioner Plummer: Are the applicants here? Ms. Slazyk: They were here... [inaudible -- off the microphone] AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Nora Martinez: I am going to translate for him. Vice Mayor Regalado: OK, she is going to translate. Go ahead, thanks. Mr. Oliver de Campoanor: [COMMENTS MADE IN SPANISH] Ms. Nora Martinez: My name is Oliver de Campoamor. My address is 2615 Southwest 20th Street, Miami, Florida 33144. I bought the property about a year ago to Mr. George Wilson. Mr. Joe Maxwell (Deputy City Attorney): Could you... Could the translator, please move closer to the microphone? Ms. Martinez: OK. When I bought that property, I didn't know that the property didn't meet the codes, the City codes. The property was built in 1920, and Mr. Wilson was never notified about that he didn't meet the codes. And, they require new permits for the new building that he had there. Then, right after I bought it, a month later, I received a letter from the City where they informed me about the noncompliance. I immediately thought to myself, that why, you know, everything stands since 1920, nothing was said and, then, just all of a sudden, I was receiving a note. I felt discriminated. If I am here to be his interpreter, it's because I don't speak English that well. But, I am also a U.S. citizen. Maybe, you didn't know this, maybe because I am Hispanic, until a Hispanic bought the property, the City notified me. I don't want to prejudge about this, but this is what I think. I went to the City Hall, and asked them how could I amend this problem. That I wanted to comply with all the legal requirements and to please advise me the best way to fix this problem without removing the property. They told me that the only thing that I need to do is, an application for a variance. And, that will fix the problem. But, the first thing that I had to do was get an architect or an engineer; to pay him and to get new plans; get a survey, and, introduce the new plans with the application to the City for the new variance. I hired the architect for the new plans and started the process myself because I cannot afford a lawyer to come and represent me to this City. I went through all the steps in the City that I have to do, and did everything until all the requirements that this City asked from me. I was complying and wanted to comply with the legal requirements, from what I didn't, I mean, to begin with, didn't do anything wrong. And, I was doing what the prior owner didn't do, which I was never informed. I don't want to say anything about him, now. Because, he already passed away in New York. Commissioner Plummer: When was the construction done? Ms. Martinez: He doesn't have an idea. He said that he knew Mr. Wilson like 15 years ago. 71 October 28, 1997 Commissioner Plummer: The construction was done before he bought the house? Ms. Martinez: Yeah, before him. Commissioner Plummer: Before he bought the house? Ms. Martinez: Yes. Commissioner Plummer: Did he get Title insurance? Ms. Martinez: Yes, he did. Mayor Carollo: [SPANISH] Have we been able to determine when or approximately when the structure was built? Mr. Rafael Rodriguez (NET Administrator): OK, Rafael Rodriguez, Coral Way, NET (Neighborhood Enhancement Teams). The tax card shows the old structure. The addition that he is getting the variance it's... it has been there, but he has done some modification. He has done some work himself, without building permits. Not the entire structure, but a portion of that has been remodeled. Mayor Carollo: But, has he added any additional construction towards the back? Mr. Rodriguez: I don't believe he has done any of the actual addition but he has some remodeling work. Mayor Carollo: Within the existing construction that was there? Mr. Rodriguez: Uh-huh. Mayor Carollo: OK. Ms. Martinez: Excuse me, Mr. Mayor. Him, I mean the new owner has not done any remodeling or anything to the constuctions. They were there before. Mayor Carollo: Well, let me try to shorten this. And, I will translate it to him. You could do it while I am speaking in English and I will translate it again, in Spanish. I would like to go there personally and see this property. I would like to speak to the neighbors also. One of the statements that were made, I take strong objection to. There was a statement made that this might be happening to you, because you are Hispanic. You have a majority of this Commission that's Hispanic. And, you have five Commissioners that are very sensitive to all Miamians. You are not going to win any points here by screaming discrimination. So, I hope that your arguments from now on, stick to the point, and not to an issue that's not going to get you anywhere here, because a majority of us in this Commission are Hispanic. We are going to make a decision based on the issue and what is just, what is fair and this is why I am going to ask for this to be deferred, so that I can go there personally and see the property myself and make a fair determination for you and for your neighbors. [COMMENTS IN SPANISH] Ms. Martinez: [COMMENTS IN SPANSIH] Mayor Carollo: Yeah, gracias, senor. If there could be a motion to defer this item? Ms. Maxwell: Continue this item to Novmeber the 25th, Mr. Mayor. To November 25th. 72 October 28, 1997 Mayor Carollo: We continue it. We continue it. There is a motion by Commissioner Gort to continue, second by... Vice Mayor Regalado: Second. Mayor Carollo: ... Vice Mayor Regalado. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." Ms. Martinez: Thank you. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-765 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-5 (APPEAL OF ZONING BOARD DECISION WHICH DENIED A VARIANCE AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT A STRUCTURE WITH A REAR YARD SETBACK OF Y-0" (5'-0") FOR AN EXISTING ADDITION TO A SINGLE-FAMILY RESIDENCE; ZONED R-1 SINGLE-FAMILY RESIDENTIAL) TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 25, 1997. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. 73 October 28, 1997 -------------------------- ------------------------------------------------------------------------------------- 31. DISCUSS / CONTINUE CONSIDERATION OF PZ6 (APPEAL OF ZONING BOARD DECISION DENYING VARIANCES FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, TO PERMIT STRUCTURE WITH REAR YARD SETBACK OF 5'2" / TO WAIVE PARKING SPACES / TO PERMIT LANDSCAPE AREA OF 67 SQ. FT. / TO PERMIT DRIVEWAY 2'5" FROM SIDE OF PROPERTY LINE FOR EXISTING MULTIFALMILY UNITS -- ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL -- LOCATION: 315 S.W. 10 AVENUE -- APPLICANT: FELIPE AND CLARA BOUZA) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We are in number five then. Ms. Lourdes Slazyk (Asst. Dir./Land Dev. & GIS): Six. Mayor Carollo: Six? Ms. Slazyk: Yes. PZ-6, is also a variance that was denied by the Zoning Board. The drawing you see here that we just put up, since the Zoning Board denied this, the applicant has been meeting with the Planning Department to try and modify the plans and eliminate as many, if not all of the variances that were originally being requested. At this point, it appears that at least two of the four variances have been eliminated. But, since the plans were turned into us late yesterday and some of the calculations are missing, we would ask that it be continued so that we could submit them to the Zoning Department and... for them to confirm whether or not all of the variances or any of them have indeed been eliminated. If they are all eliminated, the applicant will most likely withdraw the variance and go get their building permit. If not, we would like to come back on November 25th with a revised recommendation depending on which variances, if any, are left. I have spoken with the applicant, they are in agreement, and they have, you know, been very cooperative in amending all their plans, so we ask for a continuance. Commissioner Gort: Move to continue. Commissioner Gibson: Second. Mayor Carollo: There is a motion to continue, second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Commissioner Gort: Six. Mayor Carollo: OK, six passed unanimously. Commissioner Plummer: OK. 74 October 28, 1997 C� The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-766 A MOTION PENDING TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ- 6 (APPEAL OF A ZONING BOARD DECISION WHICH DENIED VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, TO PERMIT A STRUCTURE WITH A REAR SETBACK OF 5.2' (10'-0), TO WAIVE ONE OF THE REQUIRED TWO OFF-STREET PARKING SPACES, PER ARTICLE 9, SECTION 908.10.1, TO PERMIT A LANDSCAPE AREA OF 67 SQ. FT. OR 6.7% (200 SQ. FT. 20% REQUIRED), AND TO PERMIT A DRIVEWAY 2.5' FROM THE SIDE PROPERTY LINE IN THE FIRST 20' SETBACK (5' REQUIRED) FOR EXISTING MULTIFAMILY UNITS; ZONED R-3 MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 32. DISCUSS / CONTINUE CONSIDERATION OF PZ7 (APPEAL OF ZONING BOARD DECISION GRANTING SPECIAL EXCEPTION TO ALLOW TAVERN (ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS) -- ZONED 'C-1 RESTRICTED COMMERCIAL -- LOCATION: 1673 N.W. 27 AVENUE -- APPLICANT: VIA DEL RIO RESTAURANT -- APPELLANTS: HOME OWNERS AND BUSINESS OWNERS OF 375 RADIUS OF 1673 N.W. 27 AVENUE) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. Mayor Carollo: We are now in seven, PZ-7. Ms. Lourdes Slazyk (Asst. Dir./Land Dev. & GIS:): PZ-7 is an appeal of a special exception that was approved by the Zoning Board for a tavern at 1673-1699 Northwest 27th Avenue. The department has recommended approval with conditions. The proposed tavern is within an existing restaurant in an existing retail center on 27th Avenue. It has complied with all of the criteria of 1305. Because it is an existing center, it meets all the parking and egress, everything is already there. This is just to allow the restaurant to be able to serve the liquor without the food accompanyment. And, again, all of the criteria are in place and the Planning Department has recommended approval. The only condition we placed on it, is this approval run with this 75 October 28, 1997 operator only. We reviewed it under them, not anybody else, and if they ever sell it to another operator, they would have to come back for a second.:. Mayor Carollo: Explain to me exactly what they are asking approval for? Ms. Slazyk: OK, it's an existing restaurant in order to get a bar or tavern license. It's the same definition in the ordinance. They need to get a special exception. That would allow them to be able to sell the beer, wine and alcohol without being served with food. Mayor Carollo: OK, so they are going to sell alcohol, too. Ms. Slazyk: Yeah, that they have today, but they have to sell it with food. This would allow them to sell it without the food if they stop their food service at a certain hour. But, they would have to stop the alcohol by 3:00 a.m., and that's in the City code. Mayor Carollo: I am not ready to vote on this one. One of the biggest problems we have Citywide is that we have way too many, way too many so-called take out restaurants or restaurants that are ending up not serving any food, and they are becoming bars serving alcohol, and worst. I want to be fair to these people but I want to go there and see what's going on because in the next 12 months we are going to be cracking... and establishments like the ones that I mentioned, more than we ever had in the City. We must have spread throughout the City of Miami some 200 or so of these so-called restaurants that are not restaurants but they are bars. And, you have young girls that are 15, 16 years old serving beer for eight dollars ($8) a shot. And, I think you all get the message what's going on at some of these places. This has happened in years past. We have inherited this. But, in the next year, we are going to clean house with these kind of restaurants, one way or the other. The easy way or the hard way. What they are asking for here, is different than what I described. They do have an established restaurant, I understand that. But, however, they want to be able to serve alcohol without giving food. I want to able to go and see that neighborhood. Make sure that this is appropriate for this area. I want to be fair to the individuals, that they have an investment here. I just didn't want to shut the door to them without having seen the location. But, at the same time, I don't want to open the doors to one more place that we might not need in this City. You could address the Commission if you like ma'am. Mr. Virgilio Perez: Mr. Mayor. Mr. Walter J. Foeman (City Clerk): Mr. Mayor, excuse me. I need to swear her in. Commissioner Plummer: Well, hold on. Mr. Mayor, are you going to make a motion to defer? Mayor Carollo: Yes, I am. Commissioner Plummer: All right. Mayor Carollo: It's not going to be listened to, now. Commissioner Plummer: If that is the case... Mr. Mayor, I have had the opportunity to see it, and I have no problem with it. I'll put that on the record. But, anytime any one of my colleagues have ever asked for a deferment, at least one deferment, I think we have always accommodated that Commissioner to go out, and the Mayor, and to make their determination for themselves. In this particular case, I don't think we need to take testimony at this time. The motion is to defer and the only conversation under those circumstances, if you are making that motion, I second it, would be for the deferment. Other than that, any other conversation would be out of order. 76 October 28, 1997 Mayor Carollo: Well, it really wouldn't be if this Commission would want to hear anything, but it's not going to serve any purpose in this point and time, ma'am, because we are going to defer it. Commissioner Gort: Mr. Mayor, what I would like to recommend, sitting here as the Chairman of the Zoning Board for many years. In the past, what we have done is, we have asked the applicants and those people in opposition to get together and go over it. Because, like you said, there is a lot of people that do have restaurants, and they operate it like bars. This application, my understanding from what I have read, he wants to do the opposite. He wants to do it legally. He wants to do it with instruction. Mayor Carollo: And, that's why I have asked for that deferment. Commissioner Gort: And, I can see that the neighbors would have problems with it. But, I think the neighbors and the applicant should get together. Because, if we can get a legitimate business person to go in there and they can put the safeguards that we won't worry about it, so that it would not take place, I wouldn't have any problem like that. So, I think it's an excellent opportunity to defer. But, in deferment, I would like to ask for the applicant to get together with the neighbors, also and sit down and go over it. I think it is very important to do that. Mr. Perez: Commissioner. Vice Mayor Regalado: Even if they... Excuse me. Even if they get together, they are not going to solve their problems. There is a clear two sides here. One, the side of the neighbors that just don't want it. And, the side of the business that wants to expand. So, I don't have any problem in discussing that in the future, but I just want to say, as the Mayor had stated, I think that this City is having a lot of problems. I for one, have gone... They other day, Mr. Mayor, I was... close to midnight in one cafeteria, and this is not this case, but I just want to make this public. One cafeteria, in the Southwest section, close to midnight, not only selling beers without food, but also, selling drugs, and I had to call the police. And, I felt very bad for that neighborhood because there was a lot of people that came out of that cafeteria, so-called cafeteria and they just lay on the streets or try to damage some cars. So, I think when we bring this, I guess we will hear all parts, but I am sure that even if they talk, they are not going to solve their main concern. So, I would also vote for defer. Commissioner Plummer: Call the roll. Mayor Carollo: Call the roll. The following motion was introduced by Mayor Carollo, who moved its adoption: MOTION NO. 97-767 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7 (APPEAL OF ZONING BOARD DECISION WHICH GRANTED SPECIAL EXCEPTION TO ALLOW TAVERN [VIA DEL RIO RESTAURANT] AT 1673 N.W. 27 AVENUE) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 25, 1997 IN ORDER TO GIVE THE MEMBERS OF THE COMMISSION AN OPPORTUNITY TO VISIT SAID AREA. 77 October 28, 1997 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None Mayor Carollo: Thank you. You will all have your time at the next meeting that we hear this. Ms. Slazyk: Yes, this is continued to 25th of November and we will contact you about going out to look at the property. Mayor Carollo: Thank you. Mr. Perez: Mr. Mayor. Mayor Carollo: Yes. Mr. Perez: We just want to extend an invitation to you, the Mayor and all the Commissioners to go over there anytime they wish. Mayor Carollo: I appreciate it, I will. And, I will be happy to go there and see for myself, and I will also do the same and talk with neighbors. Mr. Perez: And, not only that, we will be willing to talk to the neighors, too. Thank you, Mr. Mayor. Mayor Carollo: Good, good. Thank you. Unidentified Speaker: Thank you. Mayor Carollo: Thank you, ma'am. 78 October 28, 1997 ---------------------------------------------------------------------------------------------------------------- 33. DISCUSS / CONTINUE CONSIDERATION OF PZ-8 (APPEAL OF ZONING BOARD DECISION DENYING VARIANCES FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, TO PERMIT STRUCTURE WITH REAR YARD SETBACK OF 3'1" / TO WAIVE ONE REQUIRED PARKING SPACE / TO PERMIT OVERHANG FOR EXISTING SECOND UNIT ADDITION -- ZONED R-2 TWO-FAMILY RESIDENTIAL -- LOCATION: 1873 N.W. 33 STREET -- APPLICANT: ANGEL RODRIGUEZ) TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997. Mayor Carollo: OK, PZ-8. Ms. Lourdes Slazyk (Asst. Dir./Land & Dev. & GIS): PZ-8, is also an appeal of a variance that was denied by the Zoning Board. This variance came to the Zoning Board with three variance requests. One for site setback, one for parking and one for the open space between the eve and the overhang of the property line. The applicant has also worked with the Planning Department to eliminate two of the three variances. They found a way to add another parking space on the front of the property. They removed the overhang. Unfortunately, the site setback, it was the existing construction that the variance still remains. There is a five foot setback required at the rear, they are providing three feet one inch. So, this is still a request for one of the three variances. And, the Planning Department still finds that there is no hardship. The property is 7,451.6 square feet. It's an oversized lot and we still recommend denial. Commissioner Plummer: Is the applicant here? Mr. Angel Rodriguez: [COMMENTS IN SPANISH] Commissioner Plummer: Who is here to do interpretation? Hello. Teresita. Mr. Joel Maxwell (Deputy City Attorney): He needs to be sworn in also. Mr. Walter J. Foeman (City Clerk): He needs to raise his right hand. Ms. Teresita Fernandez (Chief, Office of Hearing Boards): [COMMENTS IN SPANISH] AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Fernandez: [COMMENTS IN SPANISH] Yes. Commissioner Plummer: Name, address and proceed. Ms. Fernandez: My name is Angel Rodriguez, 1837 Northwest 33rd Street. Commissioner Plummer: Sir, what is it that you want to tell this Commission? Ms. Fernandez: I want to legalize what I was told is illegal. Commissioner Plummer: When was the construction done? 79 October 28, 1997 • Ms. Fernandez: I believe the construction was done around 1990, something like that. Commissioner Plummer: Did he own the house at the time? Ms. Fernandez: Yes, he did. Commissioner Plummer: What was the name of the company that did the construction? Ms. Fernandez: He did it himself. Commissioner Plummer: Then, we put him in jail. Commissioner Gort: It was what? Commissioner Plummer: We put him in jail. Commissioner Gort: His own construction? Commissioner Plummer: Yeah, he did his own construction. Is there anyway, I mean, this... Is it just the setback problem? And, we are talking about less than two feet. Commissioner Gort: Nobody is going to take him to court. Commissioner Plummer: All right, you know. Are there any objectors here? Are there any objectors of record, beside the City Attorney? You know, as far as I am concerned, you are not going to make the man tear the building down. Do you all want to? Do you want to hear anything else? Commissioner Gort: So, you want to make him tear the building down? Commissioner Plummer: No, you are not. Commissioner Gibson: OK. Commissioner Plummer: You are talking about one point nine. And, you are my financial advisor? I am in trouble. Commissioner Gort: Get one without a computer. [phonetic] Commissioner Plummer: Again, I am asking the question, does anybody else? Oh, the Vice Mayor is back, I am sorry. Vice Mayor Regalado: Yeah, that's OK. I just got back. J.L., what you were saying that, there is no one here other than Mr. Rodriguez, right? OK. Nobody else? So, is there a motion? Commissioner Gort: Let me ask a question before we go into the motion. My understanding is, there are fines for three hundred and fourteen thousand dollars ($314,000). What's the value of this property. Ms. Fernandez: I believe that this property is still in non-compliance. Commissioner Gort: I beg your... 80 October 28, 1997 Ms. Fernandez: It is still open. The code enforcement case is still open. It's accuring. So, it was three hundred and fourteen thousand then, when that was printed. Now, it's more. Commissioner Gort: How come that it took so long? But, you know, some of the things are ridiculous. Now, the house is probably, it's probably not more than one hundred and fifty thousand dollars ($150,000). Ms. Slazyk: The problem is we can't... At the time they are cited and they are found to be not in compliance, we can't bring them in to apply for their variance, they have to do that. And, there is, you know. Commissioner Gort: I understand that. But, the... Ms. Slazyk: We tell them how ,and we tell them where to go. You know, how to do it, and... But, we can't bring 'em... Commissioner Gort: This must have taken at least two years to accumulate this amount of money, right? Commissioner Plummer: So, in other words... Ms. Feranndez: More than that. More than that. Ms. Slazyk: 1991. Ms. Fernandez: Since 1991. Commissioner Plummer: Oh, 1991, he hasn't done anything since then? Ms. Slazyk: That's right. Commissioner Plummer: When did he go before code enforcement? Ms. Fernandez: In 1991. I don't have the file in front of me. Oh, Lourdes does. What year, Lourdes? Commissioner Plummer: Well... Ms. Slazyk: The affidavit is not... Mr. Maxwell: The applicant has indicated that he doesn't speak English, and now I haven't heard any translation, so what's happening right now? Commissioner Rodriguez: You have to translate the questions. [phonetic] Ms. Fernandez: [TRANSLATE IN SPANISH] Commissioner Plummer: He understands? Ms. Fernandez: He's still asking 1991? [inaudible] Commissioner Plummer: And, where did he go before code enforcement? Never? Ms. Fernandez: May, I explain that? 81 October 28, 1997 • Ms. Slazyk: Yeah. The affidavit of non-compliance was issued on December 24, 1991. Ms. Fernandez: May I explain that? Commissioner Plummer: No, no, you don't need to. Let me ask a question. Ask him, why he didn't do anything between 1991 and today? What did he say? Commissioner Gort: That is something that has been happening. Commissioner Plummer: What did he say? Ms. Fernandez: He is saying that he didn't know that anything was wrong in there. Commissioner Plummer: Didn't he know that there was a fine being imposed on a daily basis? Ms. Fernandez: He was summoned to appear to the code enforcement. He has received... He is saying he's received the letter in December of this... of last year, telling him how much he owed. And, he began doing all the procedure, looking for an architect. Commissioner Plummer: Yeah, but does he know that he's got liens against his property for three hundred and fifteen thousand dollars ($315,000)? Ms. Fernandez: He said that he found out when he wanted to refinance his property and then he found out that he had that lien. Commissioner Gort: J.L., what I understand from the conversation that we got the translation, that the gentleman did not... was not aware, according to him, that he was in violation of the City code. He was not aware that a fine was being imposed on his property. Commissioner Plummer: Didn't he go before code enforcement. Commissioner Gort: And, the only way he found out that he had a fine on his property is when he went to refinance his home... Commissioner Plummer: He didn't show. Commissioner Gort: ... and he was told of the lien on the property. And, that's what I am hearing from this gentleman. Now, my understanding is, in looking at the old structure and the new strucutre, my understanding is, the unit that we are discussing right here is the one in light brown, am I correct? Ms. Slazyk: No, the one in light brown is what he modified to comply with setback. It's the piece of blue that runs along the side of the property coming down from the light brown section that is built today, one foot and eleven inches into the setback area. Commissioner Gort: Nine inches. Ms. Slazyk: The brown piece originally came in on the same line. And, that is when he met with the Planning Department to eliminate that part. He added the part. Commissioiner Gort: One foot nine inches is what we are discussing here. Ms. Slazyk: Approximately, yeah. 82 October 28, 1997 Commissioner Gort: Now, my question to you is, do you staff have documentation stating that this gentleman came before the appeal board in 1991? Ms. Fernandez: Yes, we do. Commissioner Gort: Could you ask him if he was aware of the process? And, I'll ask him that. Ms. Fernandez: There is the file. Commissioner Gort: I want to ask him, I am going to translate what I am saying right now. I am going to ask him if he was aware that in 1991, he was here, because of violation. [SPANISH] Ms. Fernandez: No. He was... Commissioner Gort: He is denying. He says... Ms. Fernandez: No, no. He was summoned to appear, he never showed up. So, he was found guilty in absentia. Commissioner Gort: Oh, I see. OK. Ms. Fernandez: He was notified of... Commissioner Gort: [SPANISH] Mr. Rodriguez: [COMMENTS IN SPANISH] Commissioner Gort: [TRANSLATION OF COMMENTS IN SPANISH] The only notification I received is the one of December of last year. Commissioner Plummer: Does he, is he notified after the hearing that he has been found guilty? Ms. Fernandez: That's correct. Commissioner Plummer: And, is he on a monthly basis informed of how much his fine is? Ms. Fernandez: Mr. Plummer, in the past, we didn't have our liens transferred to accounts receivable. Therefore, they were not notifying them on a monthly basis. Now, they are. Commisisoner Gort: J.L.? Ms. Fernandez: Not on a monthly basis. Commissioner Gort: I am ready to make a motion. Vice Mayor Regalado: So, what do you want to do? Commissioner Gort: I want to go ahead and, at the same time, this gentleman will have to comply with all of the South Florida building codes, comply with all the plans. And, I think... And, now my understanding is, we charge them double for pulling the permits when it is in these circumstances. Vice Mayor Regalado: Are you ready to bring a motion? 83 October 28, 1997 Commissioner Gort: Yes, I am. Vice Mayor Regalado: OK. Commissioner Gort: Now, at the same time, I want to make sure... Because, we are going to have a lot of these cases... Commissioner Plummer: You bet. Commissioner Gort: ... in all our neighborhoods. And, this is something I have been talking about for the last three years. We need to sit down with the realtors and we need to come up with something because there are a lot of homes that are like this in non-compliance, the City has laxed for a long, long time. We need to do something about this. And, we need to do it quick. Commissioner Plummer: Does this? Commissioner Gort: Now, we need to find out a procedure that when we are notify anyone of the noncompliance that we get a letter that we receive back or whatever and document all that. Because, according to this gentleman, he was not aware of anything until December, last year. Commissioner Plummer: Well, he must have been aware of something, if he did something to comply. Now, he's done something and made some improvements to comply. So, he's... Commissioner Gort: My understanding, J.L., from what he is stating is, when he went to borrow money on his house, or refinance his house, is when he was informed. Commissioner Plummer: All right. Let me ask you, if this is approved here today, does it eliminate the fine? Ms. Fernandez: No. No, sir. He still has to be in compliance and he still has to go in front of the... He has to go first to the City Attorney's office to try to mitigage the fine, and if he doesn't agree with that mitigation, then, he goes in front of the code enforcement. Commissioner Plummer: Under our new terms, he cannot mitigate after 12 months, less than a 100 percent. Am I correct? Ms. Fernandez: Well, then... Then... Mr. Maxwell: You established a policy in the past that they should not mitigate below 15 percent of the outstanding fine. Commissioner Plummer: On the first month. Mr. Maxwell: That's is correct. On the total amount. Commissioner Plummer: No. Mr. Maxwell. On the total amount. Commissioner Plummer: No. That has completely changed. Mr. Maxwell: OK, I believe that has changed. [phonetic] OK, but you should keep in mind that these are simply guidelines and the final procedures that are up to the code enforcement board. 84 October 28, 1997 Commissioner Plummer: OK, here is my problem. Over all of this period of time, it has cost the City money to try to bring this property into compliance. If a motion is to approve, I will second the motion, predicated that he shall be a fine of no less than the established cost that it has cost the City of Miami to bring him to this hearing here today. Whatever, that cost is, if it's ten thousand, twenty thousand, that in fact he has to bring the City to where it is of no cost to the City. I will second the motion predicated on that. Mr. Maxwell: I must advise you, Commissioner Plummer... Commissioner Plummer: Ah-hh. Mr. Maxwell: ... that the final decision on fines is that of the code enforcement board. Commissioner Plummer: Then, I am voting against it. No, wait a minute, wait a minute. We can impose a fine as a variance. Mr. Maxwell: No, no. These are violations, they are talking about. Commisisoner Gort: No, he will have to go to code enforcement. Mr. Maxwell: Yeah, he will have to code enforcement board. Commissioner Plummer: I am not... Excuse me, this is a variance. Ms. Fernandez: Yes. Mr. Maxwell: Yeah, but the fines... Commissioner Plummer: We can... Mr. Maxwell: The fines... Commissioner Plummer: We can impose any regulations we want into a variance. Ms. Slazyk: Any conditions, yeah. Commissioner Plummer: It's in my condition in voting for this, is that he must reimburse the City of Miami for any and all costs that it has brought him to this point. I am not talking to the fine. Mr. Maxwell: OK. Commissioner Plummer: OK? Ms. Slazyk: OK. Commissioner Plummer: Whatever that fine is, he must pay it within 30 days from this date and if not, then it's denied. I mean, I don't know why we should be asking the taxpayers to pick up his tab. Ms. Fernandez: He is saying, he doesn't know where to get the money from. Commissioner Plummer: We don't either, that will be established. From the time you notify him of what the City is out of pocket to bring this to it, he has 30 days to pay. 85 October 28, 1997 0 Mr. Maxwell: Why don't you continue this item where he can make that determination... Commissioner Gort: Yeah. Mr. Maxwell: ... then, he comes back at the next meeting. That would be the proper way to do that. Commissioner Plummer: Yeah, I have no problem with that. Commissioner Gort: Move to continue. Commissioner Plummer: Predicated on that condition. Ms. Slazyk: Then, we will come back on the 25th with the cost. We will figure out what it was and then he will know and you will know what it was. Commissioner Plummer: Absolutely. Absolutely. Vice Mayor Regaaldo: All right. Do we need a motion for that? Mr. Maxwell: Yes, sir. Commissioner Gort: Yes, move to continue. Vice Mayor Regalado: OK, next month. Commissioner Gort: Could you explain to him, Teresita. Ms. Fernandez: And, I also told him to try to bring a translator. Commissioner Plummer: Yes. Vice Mayor Regalado: OK. Ms. Fernandez: Because he brought one at the Zoning Board level. Vice Mayor Regalado: There is a motion by Commissioner Plummer, second by Commissioner Gort. Commissioner Plummer: Just reversed, but, so what. Vice Mayor Regalado: All right. Motion by Commissioner Gort, second by Commissioner Plummer. All in favor signify by saying "aye." The Commission (Collectively): Aye. 86 October 28, 1997 The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-768 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-8 (APPEAL OF ZONING BOARD DECISION WHICH DENIED VARIANCES TO PERMIT SIDE YARD SETBACK REDUCTION, WAIVER OF REQUIRED OFF-STREET PARKING SPACES AND OVERHANG WITH REDUCED OPEN SPACE FROM REQUIRED WEST SIDE YARD AT 1837 N.W. 33 STREET) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 25, 1997; FURTHER INSTRUCTING THE ADMINISTRATION TO BRING BACK A REPORT LISTING ALL COSTS THAT THE CITY HAS INCURRED RESULTING FROM THE AFOREMENTIONED NONCOMPLIANCE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo ---------------------------------------------------------------------------------------------------------------- 34. GRANT APPEAL OF ZONING BOARD DECISION DENYING APPEAL OF CLASS II SPECIAL PERMIT APPLICATION #97-0073 APPROVED WITH CONDITIONS BY PLANNING AND DEVELOPMENT ON JUNE 11, 1997 -- FOR DEVELOPMENT ON PROPERTY LOCATED BETWEEN BISCAYNE BAY AND FIRST DEDICATED RIGHT-OF-WAY PURSUANT TO PROVISIONS AND STANDARDS CONTAINED IN SECTION 1305 OF ORDINANCE 11000 -- LOCATION 3031 BRICKELL AVENUE -- APPLICANT: ADRIENNE ARSHT AND MYER FELDMAN -- APPELLANT: DEAN ZIFF AND V. NAGYMIHALY. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: We are now in item eight. Nine, I am sorry. Ms. Lourdes Slazyk (Asst. Dir. Land Dev. & GIS): PZ-9, is an appeal of a Class II -Special Permit that was granted by the Department of Planning and Development on June 11, 1997. This was an appeal to the Zoning Board and the Zoning Board upheld the Class II -Special Permit that was issued by the department. The Planning Department is recommending denial of the appeal and approval of upholding the original Class II -Special Permit. This is for construction of a new single family residence at 3031 Brickell Avenue. The purpose of the Class II -Special Permit in this case was to review any development between the water and the first right-of-way. This was a design review and review of appropriateness of the structure at this location on the water. The department made findings that the structure was appropriate for this location on the water in this location. There was a concern raised by the department by the neighbor regarding the noise of the airconditioner that was located on the sideline of the property adjacent to her 87 October 28, 1997 property. The department mitigated that or granted the Class II with the condition that an eight foot podocarpus hedge be located around the airconditioner. The airconditioner was set back more than what the code requires from the side property lines. Again, regarding the appropriateness of scale and design, the department found that it was appropriate and would be an enhancement to the area. And, we also approved all the other color and landscape plans. It was also went to the Historic and Environmental Preservation Board on February 18th, and it was recommended for approval. And, there was one other issue that came up in the Class I1. The Class II set showed a tower in the front of the property that exceeded the height limit. They are allowed a ten foot projection above the overall height as long as there is no stairs to lead to the tower, as long as it is not a useable floor. If it's just an archetictural ornamentation of some kind. But, they had stairs going up there. So, our approval was also condition that they either get a variance for it, to build it, you know, as presented. That they remove the tower or remove the stairs. And, before they get a building permit, they had to come back and show us which of those options they had chosen because they could not get a building permit without a variance the way it was shown on file. Since the appeal was filed before they got to that point, we still don't know which of those choices they are going to make. But, the design and the character of the house are appropriate for the location. Commissioner Plummer: OK, what we are arguing about is the noise of the airconditioner? Ms. Slazyk: Yes. In this case, this is an appeal and the appellent usually presents first. Mr. Jeffrey Bass: Mr. Vice Mayor, members of the Board, good evening. Jeffrey Bass, is my name, 46 Southwest First Street is my address. Commissioner Plummer: Are you here probono, or are you getting paid? Mr. Bass: I am here getting paid. Commissioner Plummer: Thank God. You have been here so many times in the community spirit probono. I am tickled pink that you are finally going to put groceries on the table. Mr. Bass: If I look thin, you know the reason. Mr. Walter J. Foeman (City Clerk): Excuse me. May I swear you in, sir? Mr. Bass: Sure. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Bass: I do. And, Commissioner, if I just may. I hope the answer to that question is, yes. Anyway, I know you have to leave at 5:30, so let me be brief because you gave me a great introduction. Really, in essence, what we are fighting about is the airconditioning. I will give you about two minutes worth of contacts and then just to frame it, because I have to present a couple of issues as well. But, what we are talking about here, is a house that's being built. We have no... We will stipulate that it's a beautiful house. We will stipulate that the plans are great. However, I think it goes without saying that it's very large. In fact, it's somewhere between 18,000 and 19,000 square feet. Just to give you an idea, as to what that is, guess how big this building is, the first floor? Well, I spoke with your Asset Management people today, and this floor, this building is 19,500 feet. Commissioner Plummer: It depends on whether you are buying or selling. 88 October 28, 1997 Mr. Bass: It always does. So, we are talking about a house that's the size of the first floor of this building. It is a big house and it is a big lot. The problem is, they have chosen to place the airconditioning chillers and the generators, those mechanical components, which are so, you know, big enough for a building of this size, at a point extremely close to my client's property. My client's property is known as Village Serena. It's a historical house. It's the William Jennings-Bryant's house and its immediately abudding to the South. No airconditioning, open windows. This is a Class II -Special Permit. You have the ability to look at those specific measures that you think will control the potentially adverse impact of this development. That's section 13.05 sub -section 8. Rather than having people go through the Nuisance Abatement process, and the Code Enforcement process, we have been trying to have them take the mechanical components which they need to chill a building of this size and either move them or enclose them. The testimony before the Zoning Appeals Board was very clear. They are spending around ten million dollars ($10,000,000) to develop this property in its entirety. We think in light of that, it is not unreasonable that they enclose these generators. Now, they are going to tell you that we don't need to enclose them or we can't move them because it's too much money, and we don't need to do it anyway. And, I know, Commissioner Plummer, you like statistics and I know you like details. But, unfortunately, I don't need to give any of you, any of them, because you could walk around this building, which is again, is the same size as the building that they are going to show you, although there is really no need to, because we are not fighting about the building, just the airconditioning. And, you could stand about 100 feet from your airconditioners over here, and I would love for you to ask yourselves, do I want to live or sleep next to that? Because, the answer is absolutely, no. So, rather than dealing with decibells and all that, if you walk around this building, you will count 15 airconditioner units. They are showing them all in one place. You have them spread all around. But, if you stand next to the big ones which are probably the same size as theirs, you will see that they are really, really, really, loud. And, you wouldn't want to be next to them, let alone in a building that doesn't have airconditioning. So, how is that relevant? It's relevant because this is a Class II permit. You can put whatever conditions you want on it. And, I would urge you that if you are going to approve this, you just have them enclose it, then we don't have any questions whatsoever. Vice Mayor Regalado: What is the problem in not imposing those units? I mean, why not enclose the units? Mr. Bass: Well, they are going to answer that. Vice Mayor Regalado: All right. Mr. Bass: We have been saying all along, either move them or... Vice Mayor Regalado: I mean, but, what I am... I guess, that what I am asking is, should... if they enclose the units, would your client be satisfied? Mr. Bass: Absolutely. And, again, we are talking about a major piece of property, a major investment. We don't think in light of that, any of that is relevant. I need to just make a couple of other points, for the record, and then we will move on, if you have any questions. We had a hearing before the Zoning Appeals Board, and at that time we had an accoustical expert who appeared, and he was prepared to testify that this building, even though it's called a house, is 19,000 square feet or there abouts, it's really institutional in size and you could have a huge problem unless you move these things or enclose them. And, at that time the questions was asked, are you registered as a lobbyist under the ordinace? I answered I was, he had not. They then asked him to pay a seven hundred dollar ($700.00) fee under your lobbyist registration ordinance before he could address anybody. The result was, he was unable to address the Zoning Board, which is, in this instance, the initial decision making body. 89 October 28, 1997 Commissioner Plummer: Excuse me. Is he here now? Mr. Bass: He is here now. Although, and again, I want to be as delicate as possible. He has not registered, but he would be here if the board had any questions to ask him. And, I just need to tell you from the heart... I just want to tell you this from the heart, precisely for the reason that you said. In this case, I am getting paid. You know in a lot of times, more often than not, that ordinance has great intentions, but I believe it's unconstitutional. I believe it deprives people of the ability to petition you all to cure or at least get to the truth, which is really what this is all about and I know that's not an issue that you are going to decide. But, I think under the Dade County Citizens Bill of Rights, which is applicable to you, and to Dade County, that ordinance needs to go, or at least be tuned up again. But, I just needed to... I just needed to preserve those issues for the record. I have already introduced into the record a copy of that ordinance to preserve that, together with previous City Attorney memorandum on that issue. So, that being said, we are fighting about the airconditioning units. Also, there are aspects to the building which are too tall. We believe and the tennis court lighting is another issue that we would want some clarification on. But, again, if they move them or they enclose them, I think we have solved the problem. Thank you, for your time. I do have the expert here, if you would like to ask... Commissioner Plummer: I would like to ask him a question. Mr. Bass: OK. Commissioner Plummer: Which I can ask, and it doesn't cost him anything. Mr. Bass: OK. Mr. Gary Kinsella: Good morning. My name is Gary Kinsella. And, I am 5101 Collins Avenue, Miami Beach. Commissioner Plummer: You have got to be sworn in, sir. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Kinsella: I do. Commissioner Plummer: Sir, you have heard the testimony given by the attorney. The question is, is to whether or not these can be moved. What he didn't say was, is this already built? Mr. Kinsella: No, it's not. Commissioner Plummer: Is it already... It's already... It not there. Mr. Kinsella: No, it's not. Commissioner Plummer: How in the devil do you determine as to something going to be a nuisance when it's not even there to know what's there? I mean, if the thing was there, you could put a machine and I know you can measure the decibell level of noise or not noise. But, when the thing is not there and you don't know whether it's going to be enclosed or what is going to be done. How do you file an objection predicated on not being there at the present time? 90 October 28, 1997 Mr. Kinsella: Commissioner Plummer, let me explain that you can calculate based on the manufacturer's data on the equipment, which they have very good data these days. And, the distance from the equipment and the conditions in the area. You can calculate what levels will be at a distance from that equipment. Commissioner Plummer: And, based on your expert opinion, you are saying that you feel that it would be objectionable. Mr. Kinsella: That's my opinion, without question. Commissioner Plummer: OK. My next question is, and that really, I guess of you, but maybe you can answer it. From where that unit is to be located, how close is the closest neighbor's bedroom, house, whatever? How far away is it? Mr. Kinsella: Well, the distance to the bedroom, is not necessarily... Commissioner Plummer: No, no, no. To the next structure. To the person who would be supposedly affected by the noise? Is it 100 feet...? Mr. Bass: It is the property line. Commissioner Plummer: ... is it 19,000 feet? Mr. Kinsella: The property line is the issue. Commissioner Plummer: No, sir. Now, you... Please, I asked a question... Mr. Bass: No, no, no. Just answer the question. Mr. Kinsella: OK. Commissioner Plummer: ... stick to my question. Mr. Kinsella: I don't know the distance, exactly. Mr. Bass: He don't know the answer. Mr. Kinsella: I don't know the answer. Commissioner Plummer: Again, how far is is from where that unit will be placed to the next person who would find it objectionable? If you don't know the answer, so state that you don't know the answer. Mr. Kinsella: I don't know the answer. Commissioner Plummer: OK, to the department, do you know the answer? Ms. Slazyk: No, I don't. I know the answer of the airconditioner to the property line. Commissioner Plummer: Then, I'll ask... I'll ask... Commissioner Gort: What's the seback? 91 October 28, 1997 0 • Commissioner Plummer: OK, how tar is it from that unit to the property line? Mr. Kinsella: Fourteen feet. Commissioner Plummer: Fourteen feet. Mr. Kinsell: That's what we understand. Commissioner Plummer: OK, so we also know from there over to the next property, and all of those are humungous properties. There has got to be at least another 20 feet. Fourteen feet? Unidentified Speaker: That's not... [inaudible] Commissioner Plummer: How can you do that? Mr. Kinsell: That's the information that has been presented to us. Ms. SlazykL The side setback in the single family is five, but they have it located 14 feet from the property. Commissioner Plummer: Oh, OK. Mr. Kinsell: But, I must say that the simple family ordinance that this City is based upon, is based upon a normal single family residence. This is not a normal single family residence. This is a very, very large residence. This is going to have a very large airconditioning. Commissioner Plummer: Sir, I understand what you are saying, but you know, like Stallone, I mean, you know. He's a single family residence also, for twenty-seven million dollars ($27,000,000). Now, you know, I can't answer and to me, it's very important. Is it 14 feet to the person who would find it objectionable. Is it 80 feet? Is it 100 feet? I think that is... To me it's a very important criteria, OK? Because, distance is the sound proof or the sound objectionable. Mr. Bass: Commissioner, if we could have the owners of the property address it. Commissioner Plummer: Give me an approximation. Mr. Maxwell: Mr. Plummer, before... Commissioner Plummer, before the owners come forward. We need the expert to... if he could... Sir, could you step forward for a moment again? Could you please state your qualifications, please? Mr. Kinsell: I am a registered professional engineer. 1 am also a member of the National Counsel of Accoustical Consultants. And, I have been in business for 25 years. Commissioner Plummer: Thank you. Mr Jeffrey Bercow: Mr. Plummer. Commissioner Plummer: Yes. Mr. Bercow: May I have the opportunity to cross-examine? Commissioner Plummer: I am sure you can. If you don't, I'll ask that it be done. But, I would like the answer to my question. 92 October 28, 1997 Ms. Eva Nagymihaly: Hi, my name is Eva Nagymihaly. And, my family is the owner of the building. Commissioner Plummer: You have got to be sworn in, if you weren't. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Nagymihaly: Yes, I do. The house that they are building, and it is about 15 feet away. We have a boiler room or a structure which is within, I would say, five feet of the property line. Now, nobody lives in it now. But, this house is 100 years old and there is a possibility that we would build closer at a time, so the sound level is important. Not just to the bedroom, because we don't have airconditioning. The only way to enjoy this piece of property is sitting out underneath the trees. So, the sound is not to the bedroom, the sound is to the property line and that's where we are. And, I hate to bring it up, but the point is, sound travels. It doesn't stop at five feet, fifteen feet. Sound does travel. My voice is being heard 15 feet away and 20 feet away. So, it doesn't stop. Commissioner Plummer: Am I to understand the answer to my question is, fourteen plus five? Ms. Nagymihaly: That's in the first structure, yes. Commissioner Plummer: OK, and that's the boiler room? Ms. Nagymihaly: Ah, yes. Commissioner Plummer: OK. Ms. Nagymihaly: Unused right now. Commissioner Plummer: Now, how far is it from where the person with the naked ear would be listening? Is that within the five feet, is it twenty feet? Ms. Nagymihaly: Well, yes, within five, within ten, within twenty. Commissioner Plummer: No, no, you don't live in the boiler room. Ms. Nagymihaly: No, I don't. But, the point is, the windows are open and one does live in the porch area and sound travels, five feet, fifteen feet, twenty feet. Commissioner Plummer: Thank you, ma'am. Mr. Bercow: Mr. Plummer, I would also like the opportunity to cross-examine that witness. Commissioner Plummer: Well, that's going to be up to the Vice Mayor. I have no objections. Mr. Ted Stahl: Mr: Plummer, just to help... Commissioner Plummer: Mr. Stahl, if you want to testify, sir... Mr. Stahl: Just to help you. Commissioner Plummer: ... you raise your hand, and you get sworn in. 93 October 28, 1997 Mr. Stahl: Ted Stahl. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Stahl: Yes, I do. Just to give you an example of what you are concerned about, the noise factor. Mr. Maxwell: Mr. Stahl, name and address. Mr. Stahl: Ted Stahl, 3171 Royal Road. Commissioner Plummer: We know where to find him. Mr. Stahl: I live on Royal Road and a particular school that my property backs up, added a new airconditioning system over 100 feet from my property. I can't even leave my doors open or my windows open because of the noise factor. But, I am not complaining on either side. I am just letting you know that... Commissioner Plummer: Ted, I understand that, OK. And, if they moved it to the other side, you are still going to have the noise. So, I mean, it's... People in South Florida, people have a right to airconditioning in their homes. Mr. Stahl: No question about that. Commissioner Plummer: They also have the obligation whenever possible, in my estimation, to try to defeat it and make it as comfortable for your neighbors as possible. Now, my question to the department now is going to be, is there anyway that someway a bafffle or muffling device could be made that would in fact cut down on the percentage of noise? I don't know, OK? Mr. Stahl: Well, the school is building, you know, a new system and they have their whole airhandlers and water system enclosed. It almost looks like a house, but the roof is missing. Commissioner Plummer: OK. I'm... Mr. Stahl: And, it can be done. Commissioner Plummer: I am asking the professional and then I will ask Mr. Bercow to speak to it. But, that's... Where is mine? Mr. Jack Luft (Director/Planning & Development): Yes, he would have to build a masonry wall to have any measureable effect on buffering the sound. Commissioner Plummer: OK, and has that been proposed to the proponents? Mr. Luft: No. Commissioner Plummer: Why not? Mr. Luft: A masonary wall? Commissioner Plummer: Oh, it has been proposed. OK. 94 October 28, 1997 Mr. Luft: Oh, you have proposed doing that? I understand there is a podocarpus hedge that's been proposed. Ms. Slazyk: Yes. Vice Mayor Regalado: Go ahead, sir. Commissioner Plummer: You could put the masonry wall behind the podocarpus, the hedge. OK, all right. Hey... Mr. Luft: Yeah. Ms. Slazyk: Yeah. I believe the applicant had met with appellants and they were trying to figure... That's when it came up, the... that proposed solution. Commissioner Plummer: OK. I am out of questions. Vice Mayor Regalado: All right, we will hear from this side. Go ahead, sir. Mr. Bercow: All right, Jeffrey Bercow, 200 South Biscayne Boulevard, on behalf of the property owners, Mary Feldman and Adrian Arsht. Mr. Vice Mayor, while you were out, I asked for the opportunity to cross-examine two of the appellant's witnesses, if I might. I would like to ask Mr. Kinsella a question. Mr. Bercow: Mr. Kinsella. Mr. Bass: If I may, I need to do as lawyers do from time to time, just object to this, only to the extent that we did not put him on a witness... on as a full witness. He was responding to questions, so... Mr. Bercow: I can cross-examine any witness. Mr. Bass: I am not saying that you can't.. Commissioner Plummer: Wait, wait, guys. This is not a court of law. Mr. Bass: But, what I am saying is... Commissioner Plummer: Mr. Bercow asked you a question and I'll ask maybe him, if not. Vice Mayor Regalado: That's right. You know, if he doesn't want it... If you don't want him, asking directly, you can ask it to us and then we will ask him as an expert. Mr. Kinsella: I am just saying, we didn't have the opportunity to put him on. As a full witness, he was responding to your request and so, it's really not cross-examination. I need to preserve that for the record. Mr. Bercow: I would just like to ask him some questions, then. Mr. Kinsella, may I ask you, did you testify as an expert witness in a case before the Miami Beach Planning Board, called Jaime Robinson, where they were seeking to get a helipad? Mr. Kinsella: Yes, I did. 95 October 28, 1997 Mr. Bercow: And, you were actually the expert witness for a landowner, a homewner on Sunset Island that was seeking approval to have a helipad in that neighborhood, is that correct? Mr. Kinsella: That's correct. Mr. Bercow: I have a portion of the testimony from the Planning Board, I would like to read it to you where you talk about the noise levels produced by the helicopter which you said were 68 dBA, maximum. I think that was 1,000 feet away, is that correct? Mr. Kinsella: I don't remember right off hand. That's been over a year ago. Mr. Bercow: Well, I would like to read to your testimony. "... that is a Harley, Mr. Kinsella: That is a Harley Davidson at 77 dBA compared to the helicopter at 68. This is a sports fishing yacht." You were playing sounds of the noises produced by these various items. "This is sport fishing yacht. In comparison with the others, it is 78 dBA, 10 dBA latter than the helicopter." Does that sould like your testimony? Does that sound familiar? Mr. Kinsella: I can't remember, quite frankly. Mr. Bercow: Well, I will give this to you and... Commissioner Plummer: What does that got to do with us? Mr. Bass: However.... Vice Mayor Regalado: Well... Mr. Bass: How can I object on a general line of relevancy? Mr. Bercow: I think it just goes to credibility, OK. Mr. Bass: If you want to talk about credibility, let me tell you this. We measured each of these and they were measured levels, at the distance and, then, calculated for the distance that was to be important in this case. Commissioner Plummer: Hey, you know, guys, enough. Vice Mayor Regalado: Yeah, that's what I was going to say. Commissioner Plummer: Can we cut through this, Jeff? Vice Mayor Regalado: We are not discussing the credibility of an expert here. Commissioner Plummer: Mr. Bercow... Vice Mayor Regalado: What can we? Mr. Bercow: Let me go on to... Commissioner Plummer: ... is there any way that we can try to come up a compromise? Mr. Bercow: All right, Commissioner, we have been trying, we have had discussions before and... 96 October 28, 1997 Commissioner Plummer: All right, let me ask you this question. Mr. Bercow: ... we haven't... We have not reached a compromise. Vice Mayor Regalado: Have you? Mr. Bercow: I think the Class II permit needs to be denied, and I would like to tell you why it needs to be denied. Commissioner Plummer: Let me ask a question. Mr. Bercow: I am sorry, that the appeal needs to be denied. Commissioner Plummer: Let me ask a question. Mr. Bercow: And, I would like to tell you why. Commissioner Plummer: Let me ask a question. Mr. Luft, has stated that if you put a concrete wall around the unit, that that would in his opinion modify or muffle the sound. Have you considered that? Mr. Bercow: Mr. Plummer, the revised plan that we brought to the Zoning Board, in fact, moves the chiller and the generator back to 20 feet away from the property line. We would agree to plant the podocarpus hedge as requested by staff. And, we would place a masonry wall in front of the chiller and the generator. I would like to just show you... Commissioner Plummer: But, wait a minute. I£.. Vice Mayor Regalado: If you do that... Commissioner Plummer: Well, wait a minute, isn't that what Jack just said, to muffle the sound? Mr. Maxwell: Commissioners, this is a quasi judicial proceeding as you are aware. Commissioner Plummer: No, this is getting bordering on a ridiculous hearing. Mr. Maxwell: Well, what you should do though, and I must advise you that you should allow this party to put on its case as you did the other party. Allow them to introduce evidence including expert testimony if they so desire. Then, you should handle it as you normally handle variance or special permit. Commissioner Plummer: That's how you lawyers make money. Mr. Maxwell: You can then... Vice Mayor Regalado: Yeah, but... Mr. Maxwell: Please, Commissioner, let me, if I may? Vice Mayor Regalado: Sure. Mr. Maxwell: You, then, should assign whatever way, you all deem necessary, as a deciding body to the testimony you have heard and then make your recommendations approved, denied or modified. If you do it that way, then your decision would be on firmer legal ground. 97 October 28, 1997 Vice Mayor Regalado: All right, just go ahead, then. Mr. Bercow: OK. Again, my client owns the subject property. Commissioners, you are sitting here today, as a zoning authority. You are not here as a building board. You are not here as an airconditioner review board or a Nuisance Abatement board. All right, you are not here to review the amount of noise that our particular piece of equipment makes. You are here to look at whether the Class II was properly issued. Now, a Class II permit only requires that staff review certain matters. I believe that Mr. Bass and his client have not shown that the permit was issued in error. That's why the Zoning Board unanimously recommended that, or approved, I am sorry, denied the appeal and why your staff is recommending that the appeal also should be denied. This property, as you know, is located at the south end of Brickell Avenue, near Alice Wainwright Park. It's an area that has some infermy as well as some fame. Sly Stallone and Madonna live there. As you have heard from the testimony, William Jennings -Bryant once owned the lot to the south. It's an extremely desirable place to live. My clients are making a major investment in the City. They are buying two point two acres, two lots, for four million dollars ($4,000,000). They have bought them already. The house is going to be very expensive. It will cost six million dollars ($6,000,000) in construction plus furnishings. It will be very tasteful. It will be very comfortable. It will be very well built. I will be candid, Commissioners. This is a very large house. I am sure by your standards, certainly by mine. But, it is being built entirely within the R1 zoning criteria. No variances. It is well within the code. FAR, we are permitted to have floor area on this lot of over 72,000 square feet. By contrast, we are building 18,232 square feet, of which 14,000 square feet will be airconditioned. That's less than 25 percent than what the code permits. Lot coverage: we are allowed to have 48,000 square feet or 9,616 square feet, represents less than 20 percent of what we are permitted. Open space: we are allowed to have... We are required to have a minimun of 18,000 square feet. We are providing over 80,000 square feet. Four and a half times what the code requires. We are not requesting any height or variance setbacks. We will remove the stairs to the tower, so that will not be a habitable space and there will be no variance created. We are building a house well within the R1 zoning criteria. It's a very beautiful house. It's going to be built in the 18 century style. It will be in good taste. It's intended to be compatible with Vizcaya and it's based on extensive research performed in Italy. I would like our architect, Mr. Jose Gilabert, to describe the house to you. Also, to talk about some of the issues and citing the mechanical equipment and I am going to put his resume in the record. Jose. Commissioner Plummer: Is he here as a paid? Are you here as a paid individual? Mr. Jose Gilabert: Yes. Commissioner Plummer: Have you paid the fee to testify? Mr. Bercow: We have paid it. Commissioner Plummer: Who is "we." Mr. Bercow: Our firm. Commissioner Plummer: Mr. Clerk, Mister... Mr. Luft: Yes. Commissioner Plummer: Is that legal? The firm instead of individuals? Mr. Walter J. Foeman (City Clerk): I am sorry, I didn't hear your question. 98 October 28, 1997 • • Mr. Gilabert: Well, my... Commissioner Plummer: The question is... Mr. Maxwell: It is. Commissioner Plummer: ... he says, his firm paid it, not as an individual. Mr. Maxwell: What he is saying... I believe what he is saying is the firm has paid for purposes of this particular item or representation before the Commission and that would be proper. Commissioner Plummer: For this particular hearing? Mr. Gilabert: Right. Right. Ms. Fernandez: That's correct. Commissioner Plummer: OK. Ms. Fernandez: Yeah. Mr. Gilabert: I don't want to spend... Mr. Gilabert: OK. Mayor Carollo: Pocket, well... We haven't gotten done with the 5-year plan. Commissioner Gort: No. Mayor Carollo: OK. Can we get through with whatever pocket items the administration has, the Commissioners have and then we will do the 5-year plan. Mr. Edward Marquez (City Manager): Yes, sir. Mr. Bercow: Are we finished, Mayor? Mayor Carollo: Yes, we are. Thank you. I appreciate it. Mr. Jose Gelabert: I don't want to spend... OK. My name is Jose Gelabert Navia. I am the architect for the project. In my other life, I also teach in the University of Miami, and I actually teach a course in the history of the architecture of South Florida. So I know a little bit about this area. I know a little bit about, actually, Mrs. Nagymihaly's house, as well. And I would just like to begin by saying that the last thing that we would do on this property is do anything to damage the area, to impair on what is there. If anything, what we're trying to do is enhance what is in Brickell already. Before I actually talk about the more mundane aspect of the air conditioning units, like Mr. Bass, I would like to place this into a little bit of a context. The... It has been almost represented, as Mrs. Arsht and Mr. Feldman are doing something evil and awful by building this house in this particular property. Mr. Bass: I want to object to that. That is totally mischaracterized, and that's not the issue. We're not saying they're doing anything evil. We just don't want to hear their mechanical stuff. Mr. Gelabert: Well, actually, that is the message they have communicated to the neighbors with whom we have met. But just to put a little bit this on... a little on the record, this property, prior 99 October 28, 1997 to Mrs. Arsht and Mr. Feldman making an investment on the property, was abandoned, because the previous owner sits in jail for having put a contract on his former partner. And it was not a contract of sale. The... Commissioner Plummer: What in the devil has that got to do with the noise of an air conditioner? Mr. Gelabert: Well, the point... Commissioner Plummer: Now, you know, Mr. City Attorney... Mr. Maxwell: No, sir, I didn't say that that was relevant. Commissioner Plummer: Sir, you know, I mean, let's talk about the noise of the air conditioner. Mr. Luft: Mr. Vice Mayor... Commissioner Plummer: If they want to shoot each other, I'm in a conflict of interest, because I'm going to bury them. Mr. Gelabert: No, no, no. Mr. Luft: Mr. Vice Mayor? Vice Mayor Regalado: OK, OK. Mr. Gelabert: Mr. Plummer, Mr. Plummer, the only point I'm trying to make here is that Mrs. Arsht, throughout the process, has tried to do the right thing. The units that were picked for this, which is a central chiller system, it is... it is not your typical household air conditioning system. The reason it was picked is because of the size of the house, you needed to pick the most efficient system, and quite frankly, the system that made the least amount of noise. For the amount of space that needs to be air conditioned, if we had put a traditional system, like most of us have in our house, the space that the units would have taken and the amount of noise that the units would have made would have been substantially larger. But by doing this, Mrs. Arsht has not only provided the best system for the property, she has also paid a substantial amount from what the traditional system would be. The issue of the noise, obviously, not only concerns the neighbor, but obviously concerns Mrs. Arsht. They are living next to the air conditioning units. So the first study that we made was actually for them, not for the neighbors. The units, as they are, make over 70 decibels of noise, without any sort of protection. What we have done... and we got a copy from the manufacturer, a confidential study that is actually distributed to the manufacturers, in terms of how you can control the noise of it. And they run through the calculations of how it can be done. We have also hired our own acoustic consultant to go through the calculations and to suggest the best way to handle the noise. What we have determined, and that is what we have proposed to the neighbor, in order to deal with the situation, both the manufacturer, our engineer and the acoustic consultant concur that if we put a nine foot high masonry wall in front of the chiller system, the decibel system of the units is reduced from the over 70 decibels that it produces to 55, which is the decibels that are admitted by the City of Miami as being an acceptable noise. And it is actually the same noise that... the same... the units that we have in each of our houses make. Mrs. Arsht has agreed that besides putting the horticulture hedge, besides leaving the trees that are in that area, besides moving the units which were... could be legally five feet away from the property line, she has moved them 20 feet away from the property line. She will also put a nine foot high wall that will reduce the decibel level to 55. And as we all know, once the house is finished, if there is a problem with the decibel level of the air conditioning units, a complaint can be filed before the Noise Abatement 100 October 28, 1997 Board, and if it exceeds the 55 that is allowed, she will have to comply and make any changes that need to be made. To enclose the unit, which has been suggested, number one, these units... air conditioning units need air to breathe. Basically, what they do is they recirculate air. They take air from the outside and put it on the inside. We cannot enclose the unit completely. Air has to come from somewhere. If we enclose it, we have to put ceiling fans, like the ones that you see in the industrial parking garages, which will make more noise than the unit itself. We have, again, the manufacturer's literature, as well as our consultant, that tell us that to reduce it to what is legally required by the City, we can do it with a nine foot wall. And our client is willing to do that, and that is what is shown on the plans. Mr. Luft: Mr. Vice Mayor, I would recommend that part... that we accept the nine foot wall, which would be a full, wall-to-wall connection of the courtyard, which would mean that the... it's an extension of the house walls, so that there would be a complete barrier out on that edge. That we review it when the thing is constructed and operating, to assure that it meets the 50 decibel level that is our noise ordinance. And if it does not... Mr. Gelabert: Fifty-five. Mr. Luft: ... fifty-five. We will come back and we will seek corrective measures, either a partial enclosure, a roofing element, or something that will allow it to breathe, but will further reach the decibel levels. Vice Mayor Regalado: All right. Is there a motion? Is there a motion? Commissioner Plummer: Well, will they agree? Will they agree to that? That's, you know... Mr. Gelabert: Oh, yes, we'll agree to that. Vice Mayor Regalado: OK. Is there a motion to follow the Administration's... Commissioner Plummer: Wait a minute. Excuse me. Mr. Vice Mayor, as much as I'd like to get out of here, and I have to, they usually have the right of rebuttal. Vice Mayor Regalado: I know that. But before they go ahead, if some members of the Commission have any ideas of a motion? Mr. Bass: I understand that. It's just that my client would like to... I'll get rid of my rebuttal. My client would like to address you. This has been long and very emotionally taxing on her. She will address you very briefly. Vice Mayor Regalado: Go ahead, ma'am. Mr. Gelabert: Mr. Vice Mayor, I just... I haven't finished. Vice Mayor Regalado: One second. Let us hear. Ms. Eva Nagymihaly: OK. My name is Eva Nagymihaly, and I just wanted to say one more thing. And again, yes, we're here for the noise. And please do not forget that the property we're talking about is Villa Serena. Villa Serena is a part of historical Miami. It is not air conditioned. It has been maintained in the beauty and serenity that will make Villa Serena what it is. I am not saying that their 19,000 square foot home is not pretty. I'm sure it's going to be very beautiful. I will try to accept the fact that it's that large, next to our 5,000 square foot home. However, the point is for the amount of money that they say they're willing to spend on the property, which is four million, plus six million, plus furnishings, by fact, we all know that if they enclose this 101 October 28, 1997 chiller, which they can do, they admitted that they can enclose it, by enclosing it, we don't have to stay at the 55. We can go to lower. So if they can spend that kind of money, why can't they be willing, so that we can all get along, so we can talk over the fence, like normal people would, instead of just throwing daggers at each other, and, then, me having to call out an expert to check the decibel ratings, and check this for her to have to redo it. Why can't she not please go ahead and reduce it even greater? That's basically what I needed to say. Please keep it in mind, it can be done. Vice Mayor Regalado: Thank you. Commissioner Plummer: Mr. Vice Mayor, if I may. I think we've heard all we need to hear, and then some. Vice Mayor Regalado: That's right. Commissioner Plummer: She has the right, as long as she is within the Code, to do what is being done, in the same way that in a historical site you choose not to have air conditioning, that's your prerogative. I think that the compromise that I think is being offered is fair. I put you on notice, Mr. Bercow, for your client that once it is built and it has complied with what Mr. Luft has recommended, that if, in fact, the decibel level is above 55, sir, you're going to be back before this board, and we can impose on you any, which we feel, are provisions necessary. Mr. Bercow: Actually, Commissioner Plummer, it's allowed to go up to 60 during the day. Commissioner Plummer: Sir, I said 55. You want to quibble about five? You lose. Fifty-five. Mr. Bercow: It won't be a problem. We can meet the 55. Commissioner Plummer: All right, sir. Predicated on that, sir... you know, I understand the person's concern next door that doesn't have air conditioning, but that's their choice to live without it. It's... South Florida a long time, never had air conditioning. So I would move you, Mr. Vice Mayor, at this time that, in fact, this be approved with a full understanding of the provisions, which I have already spoken to, and that predicated upon that, that... Is it to overturn the appeal? Mr. Maxwell: It's reversing. Commissioner Plummer: To reverse the appeal. Ms. Slazyk: Right. Reverse and modify the class two by accepting the modified plans presented here with the nine foot wall. Commissioner Plummer: Well, I'm not even talking to the tower. I don't know a thing about the tower. That's gone. Vice Mayor Regalado: All right. Ms. Slazyk: No, no, no. The wall. The wall. Commissioner Plummer: Well, excuse me. Since there are no indications as to the tower, I think that's on the record, they're now aware of the situation with the tower, and one of two things has to prevail. Mr. Bercow: Commissioner, I represented we are going to remove the steps. 102 October 28, 1997 Commissioner Plummer: OK, if that's the case. But we're saying we're not... We're not OK'ing that tower illegally. Ms. Slazyk: That right. Commissioner Plummer: We're only speaking to the air conditioner. Vice Mayor Regalado: There is a motion... That's the spirit of your motion, right? Commissioner Gort: Second. Vice Mayor Regalado: Motion by Commissioner Plummer, second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-769 A RESOLUTION DENYING THE APPEALS FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD PURSUANT TO SECTION 1800 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA THUS AFFIRMING CLASS 11 SPECIAL PERMIT APPLICATION NO. 97-0073, ISSUED ON JUNE 11, 1997, BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT APPROVING MODIFIED PLANS WITH CONDITIONS AND AUTHORIZING DEVELOPMENT ON THE PROPERTY LOCATED AT 3031 BRICKELL AVENUE, MIAMI, FLORIDA, LOCATED BETWEEN BISCAYNE BAY AND THE FIRST DEDICATED RIGHT-OF-WAY, SUBJECT TO THE CONSTRUCTION OF A NINE -FOOT WALL AROUND THE AIR CONDITIONING UNIT, PROVIDED THAT THE UNIT DOES NOT EXCEED 55 DECIBELS WHILE IN OPERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo 103 October 28, 1997 NOTE FOR THE RECORD: At this point, Commissioner Plummer requests of the Commission to recognize Mr. Tory Jacobs, president of the Brickell Homeowners Association, and a resident of Commission District 2. Vice Mayor Regalado: And as a matter of fact, item 10 has to do with Brickell Avenue. Commissioner Plummer: As previously announced, Mr. Vice Mayor, I am very sorry, but I do have to leave at this particular time. And I know there's two issues that they have the right of the full consent, and they can defer it until the next meeting. Vice Mayor Regalado: Well, we know that parking is difficult in Pro Players Stadium. Commissioner Plummer: I'm sorry? Vice Mayor Regalado: Parking is difficult in Pro Players Stadium nowadays. Commissioner Plummer: Oh, I am not going to Pro Players Stadium. I have never been to Pro Players Stadium. Vice Mayor Regalado: Oh, OK. You should. Commissioner Plummer: For me, as a member of the Orange Bowl, I think it's treason to go there... Vice Mayor Regalado: That's right. Commissioner Plummer: ... and I would never go there. Vice Mayor Regalado: Good, good. And it's expensive, too. Commissioner Plummer: And I'll never go there. NOTE FOR THE RECORD: Commissioner Plummer exits the Commission chamber at 5:48 p.m. 104 October 28, 1997 ---------------------------------------------------------------------------------------------------------------- 35. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 7, HP HISTORIC PRESERVATION OVERLAY DISTRICTS FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS TO CHANGE ZONING ATLAS -- LOCATION: 1548 BRICKELL AVENUE (THE GEORGE NOLAN HOUSE) -- APPLICANT: GEORGE E. NOLAN, JR. ET AL. -- SEE LABEL 43. Vice Mayor Regalado: All right. Item 10. It's a second reading ordinance. Mr. City Attorney? Mr. Joel Maxwell (Deputy City Attorney): Has it been moved, sir? Vice Mayor Regalado: It's been moved... Can I move it? Mr. Maxwell: No, sir. You'd have to pass the gavel. Vice Mayor Regalado: Right. Well... Commissioner Gibson: I'll move it. Vice Mayor Regalado: OK. It's been moved by Commissioner Gibson, seconded by Commissioner Gort. Before we go into the vote, does the Administration want to... Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Recommend approval. Vice Mayor Regalado: Recommend approval. Call the roll. An Ordinance entitled - AN ORDINANCE (Ordinance 11566 was reconsidered by Motion 97-771 then passed as Ordinance 11570.) passed on its first reading, by title, at the meeting of September 23, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gibson, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11566. 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. 105 October 28, 1997 ---------------------------------------------------------------------------------------------------------------- 36. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 105441 FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL TO CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2734 S.W. 16 STREET -- APPLICANT: ALFREDO HIDALGO. Vice Mayor Regalado: PZ-11. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-11 and 12 are companion items, change of zoning and a change to the comprehensive plan. This is a first reading. It is for 2734 Southwest 16th Street. The subject property is surrounded by... It's got restricted commercial zoning and land use along 27th Avenue, and it's got R-2 zoning next to it, behind it. The problem is that even though that is a residential zoning, it's actually a Florida Power & Light power facility next to it and to the rear, which makes the property difficult, if not impossible, to zone to use for residential purposes. The applicant is the owner of the property right on 27th Avenue adjacent, which is a gas station, and what they would like to do is expand, to possibly put a car wash, although the plans are not part of the zoning change. But the property is almost impossible to use for residential. It's a logical extension of the commercial zoning on 27th Avenue because of what it's surrounded by. Vice Mayor Regalado: Right. Ms. Slazyk: So, we recommend approval. Vice Mayor Regalado: Right. Next to... Next to the service station, it's an apartment building across the street. Ms. Slazyk: Across the street, yes. Vice Mayor Regalado: And, you know, it's important that we mention that this is a good thing, because right in front of the Florida Power station, every week, there is an illegal dumping of trash. And I have called Solid Waste dozens of times, and I don't know why, and I hope that our neighbors from the service station will watch to see, if they remain open during the night, which I don't think they do, but at least that they watch. If they see somebody dumping trash in that area... That is a very nice area, and some people are just really using that area as a dumping ground. And I... Commissioner Gort: Mr. Vice Mayor, I move for approval. Vice Mayor Regalado: Sure. Commissioner Gibson: Second. Vice Mayor Regalado: OK. Motion to approve by Commissioner Gort, second by Commissioner Gibson. All in favor, signify by saying "aye." Mr. Joel Maxwell (Deputy City Attorney): I have to read the ordinance first. Commissioner Gibson: It's.an ordinance. 106 October 28, 1997 Vice Mayor Regalado: Oh, I'm sorry. I'm sorry. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2734 SOUTHWEST 16TH STREET, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort, seconded by Commissioner Gibson, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Mayor Joe Carollo 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. ---------------------------------------------------------------------------------------------------------------- 37. PROPOSED FIRST READING ORDINANCE: CHANGE ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL -- LOCATION: 2734 S.W. 16 STREET -- APPLICANT: ALFREDO HIDALGO. ---------------------------------------------------------------------------------------------------------------- Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Twelve is the companion. Commissioner Gibson: Move it. Vice Mayor Regalado: It's been moved by Commissioner Gibson, seconded by Commissioner Gort. Read the ordinance. NOTE FOR THE RECORD: Mayor Carollo enters the ommission Chamber at approximately 5:55 p.m. Vice Mayor Regalado: Call the roll, please. 107 October 28, 1997 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA AND PAGE NO. 34 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2734 SOUTHWEST 16TH STREET; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gibson, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. 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. ---------------------------------------- ----------------------------------------------------------------------- 38. PROPOSED SECOND READING ORDINANCE: AMEND CHAPTER 4 OF CODE TO ADD EXCEPTION FOR ALCOHOLIC BEVERAGE ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT. Vice Mayor Regalado: Mayor, we are in item PZ-13 Mayor Carollo: Thank you. OK. PZ-13. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Thirteen and 14 are the companion items to amend the City Code, and the zoning ordinance regarding nonconformities. This is a case that has been continued since March. It is the case about the liquor establishment and a church next door, to clarify that... or to specify that when the liquor establishment is there first and a church moves in next door, that it would not be nonconforming. Mayor Carollo: Yeah. This is a second reading ordinance. Is there a motion? Commissioner Gort: Move it. Mayor Carollo: It's moved by Commissioner Gort. Commissioner Gibson: Second. Vice Mayor Regalado: Second. 108 October 28, 1997 Mayor Carollo: Second by Commissioner Gibson. Could you read the ordinance, please? Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 4 ENTITLED: "ALCOHOLIC BEVERAGES," BY AMENDING SECTION 4-11, ENTITLED: "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO ADD EXCEPTIONS FOR LEGITIMATE LIQUOR ESTABLISHMENTS WHICH PRECEDE SCHOOLS OR CHURCHES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11567. 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. ---------------------------------------------------------------------------------------------------------- 39. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 11, SECTION 1101.5 TO PROVIDE EXCEPTION CLAUSE FOR ALCOHOL BEVERAGE ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-14 is the companion. Commissioner Gort: Move it. Vice Mayor Regalado: Second. Mayor Carollo: There's a motion and there's a second. Read the ordinance. Call the roll. 109 October 28, 1997 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 1101.5 TO SET FORTH REGULATIONS CONCERNING THE STATUS OF LEGITIMATE LIQUOR ESTABLISHMENTS WHICH PRECEDE CHURCHES OR SCHOOLS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Vice Mayor Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11568. 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. ---------------------------------------------------------------------------------------------------------------- 40. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602 "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT" TO MODIFY SECTION 602.10.4 "OFF -SITE PARKING" TO INCLUDE PORTION OF ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT. Mayor Carollo: We're now on PZ-15. Mr. Tony O'Donnell: Mr. Mayor and members of the board, for the record, my name is Tony O'Donnell, with law offices at 701 Brickell Avenue, and I'm here representing neighbors to the site that's under question tonight, David Sweatland (phonetic), Barbara Lang (phonetic) and Esther Armbrister. This is an area in which Commissioner Plummer is involved. He just left. We would ask that the matter be continued until we have an opportunity to have a full board, in Mr. Plummer's presence. Commissioner Gort: Move it. Mayor Carollo: That's fine. There's a motion for continuation. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): To November 25th. 110 October 28, 1997 Commissioner Gort: Move it. Vice Mayor Regalado: Second. Mayor Carollo: There's a motion and there's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-770 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-15 (PROPOSED AMENDMENT TO ZONING ORDINANCE 11000 IN ORDER TO CORRECT AND CLARIFY CERTAIN LANGUAGE IN SECTION 602, "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT" TO INCLUDE DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 25, 1997. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 41. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602.11 TO MODIFY SIGN REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT ALLOWING FREE-STANDING DIRECTIONAL SIGNS -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMNENT. Mayor Carollo: OK. We're now at PZ-16. Mr. Francisco Garcia: Good evening, Mr. Mayor and members of the City Commission. This item seeks to amend the Zoning Ordinance to incorporate a provision so that free-standing directional signs can be established throughout the SD-2 Zoning District. That's the Coconut Grove Village Center, essentially. The purpose for this, very briefly, is to allow for some of those establishments that are within courtyard areas and don't face the sidewalks directly, to get some exposure to that sidewalk by way of the signage, and so that more patrons can come into them, because they are aware now of their presence there. We recommend approval of it. And that's all I have by way of presentation. Thank you. ill October 28, 1997 Commissioner Gibson: Move it. Mayor Carollo: There's a motion. Vice Mayor Regalado: Second. Mayor Carollo: There's a second. Can you read the ordinance, please? Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO 11000, THE ZONING ORDINANCE, BY AMENDING ARTICLE 6, SECTION 602.11, TO MODIFY SIGN REGULATIONS FOR THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, TO CONDITIONALLY ALLOW FREE-STANDING DIRECTIONAL SIGNS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of September 23, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gibson, seconded by Vice Mayor Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11569. 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. ---------------------------------------------------------------------------------------------------------------- 42. BRIEFLY DISCUSS / TABLE TO LATER IN SESSION CONSIDERATION OF PZ17 (PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602.4.1.3 "SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE" TO MODIFY EXISTING PROVISIONS TO ALLOW SAID USES WITHIN DISTRICT -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT) -- SEE LABEL 44. Vice Mayor Regalado: Eighteen. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): On... Yes, 17, we're asking for a continuance. So. 112 October 28, 1997 NOTE FOR THE RECORD: At this point, agenda item PZ-17 was continued. 43. (A) RECONSIDER AGENDA ITEM PZ10 -- SEE LABEL 35 (B) PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 7, HP HISTORIC PRESERVATION OVERLAY DISTRICTS FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS TO CHANGE ZONING ATLAS -- LOCATION: 1548 BRICKELL AVENUE (THE GEORGE E. NOLAN HOUSE) -- APPLICANT: GEORGE E. NOLAN, JR. ET AL. -- SEE LABEL 35. Mr. Jeffrey Bass: Mr. Vice Mayor, very briefly, and again, for the record, Jeffrey Bass is my name, 46 Southwest 1st Street. There were some people here on PZ number 10 who wanted to speak, and everything went so quickly, they weren't given an opportunity, really. There's Tory Jacobs who was here, who was recognized, and, then, you all voted on PZ number 10, and he didn't have a chance to speak. And that's why he was here the whole time. It happened so quickly. Mr. Jacobs is still here. I just... You know, I think it was advertised as a public hearing. And Mr. Jacobs doesn't know what happened, it happened so fast. So I just need to raise that for the record. I don't know if you would entertain just hearing what he has to say on that item. You could keep his comments to under 15 seconds, I think, maybe 30 seconds. Tory? Vice Mayor Regalado: Well... Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor, I would advise you that you've already voted on that item, and the public hearing on that item has closed. The applicant is no longer here. And to now reopen that issue and discuss it, I don't think would be proper. Vice Mayor Regalado: All right. Mr. Tory Jacobs: It was not a public hearing in my... as I observed it. I was sitting here, and the item PZ-10 was called, and the motion was made, and there was no invitation for public participation. Vice Mayor Regalado: Excuse me. We had a staff... Mr. Maxwell: I understand. I was told that the applicant is still here. Is that so? Vice Mayor Regalado: And we requested comments, and nobody came up to the podium. Mr. Jacobs: The podium was attended by staff. Vice Mayor Regalado: There was another there, another podium available here, sir. Mr. Jacobs: Well, my mistake. 113 October 28, 1997 • Vice Mayor Regalado: No, I'm sorry. It's just that I... Mr. Jacobs: I certainly missed it. Vice Mayor Regalado: Mr. City Attorney Mr. Maxwell: If you are correct, sir, that you did, in fact, invite comments from the public and nobody stepped forward, then it's totally... I think closing the public hearing at that time was totally proper. You do not have to readdress the issue. Vice Mayor Regalado: Although, if this is the wish of the Commission, to revisit this issue, I would not have any problem in bringing this back. Mr. Maxwell: Well, the only way you can do that would be by motion to reconsider. You would have to put that motion forward, you would have to vote on that, and you'd have to reopen. And if the applicant is not here, that raises serious questions at that point. Under the rules... Under your rules, you can move to reconsider at any time prior to the next City Commission meeting. So if you want to reconsider, open it back up and then rehear it at the November meeting, you could do that, as well. But in rehearing it when the applicant is not present or the other party is not present... Vice Mayor Regalado: No, no, absolutely, no, I'm not talking about today. I'm talking about revisiting the issue in the next meeting. Unidentified Speaker: The applicant is here. Mr. Maxwell: Certainly. You can move to reconsider. Vice Mayor Regalado: Would you be willing to be back on a formal public hearing with... Ms. Slazyk: The applicant is here. If you were... Vice Mayor Regalado: Well. Mr. Maxwell: He was represented by counsel, I believe. Is this Mr. Bercow's client? Unidentified Speaker: No. Mr. Maxwell: It's not? OK. Mr. George Nolan: I'm willing to reopen it here this evening or November, at the Commission's... Commissioner Gort: We'll open it right now. Mr. Nolan: ... at the Commission's pleasure. Vice Mayor Regalado: You want to do it now? The applicant wants to do it now. It's fine with me. So we need the motion to... Ms. Slazyk: A motion to reconsider. Vice Mayor Regalado: ... to reconsider. 114 October 28, 1997 Commissioner Gort: So move. Vice Mayor Regalado: Moved by Commissioner Gort. Commissioner Gibson: Second. Vice Mayor Regalado: Second by Commissioner Gibson. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-771 A MOTION TO RECONSIDER PRIOR VOTE ON AGENDA ITEM PZ-10 (ORDINANCE NO 112566 AMENDING ZONING ORDINANCE 11000 TO CHANGE ZONING ATLAS AT 1548 BRICKELL AVENUE, THE GEORGE E. NOLAN HOUSE, TO DESIGNATE HP HISTORIC PRESERVATION OVERLAY DISTRICTS). Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Mayor Joe Carollo Vice Mayor Regalado: All right. Then we are back on PZ-10. First, let's hear from the Administration. Francisco? Ms. Sarah Eaton (Planner II, CPR Dept.): Mr. Vice Mayor. Vice Mayor Regalado: Yes. Ms. Eaton: The purpose of the Historic Preservation Overlay District is to encourage the preservation of historic buildings by allowing certain adaptive uses. It is intended to be applied only to those historic buildings which cannot be preserved without such a new use. The George Nolan house was recently designated as a historic site, and is one of the very few remaining historic buildings on Brickell Avenue. Designation, however, will not prevent the house from being demolished. It is economically unfeasible to retain the present single-family use or to convert the house to a multi -family use. Therefore, the only means of assuring the preservation of this house is to allow an adaptive use as a professional office. The proposed use will run with the preservation of the historic building, not with the land. Therefore, if the building is destroyed, the use will no longer be allowed. Because the overlay is tied to the preservation of a historic building, approval of the overlay will in no way set a precedent for the approval of similar uses on Brickell Avenue. We recommend approval of the application. Vice Mayor Regalado: Mr. Mayor, I think we have two sides. That's yours now. 115 October 28, 1997 • • Walter Foeman (City Clerk): I need to swear everyone in, please. Would you raise your right hand, sir. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Michael Lewis: I go first? OK. Good evening. My name is Michael Lewis. I'm with Piero Salussolia, one of the... the law firm that has a purchase offer on this house. As it was stated, this house was built in 1925 by Mr. Nolan's father. He has owned the house or his family since 1925, one of the few families to do that. It had been empty for quite a while, or he had been moved out, and they put it on the market back in 1991. I've given the City a letter from the real estate agent that had the listing from June of '91 to January '95. They'd only received one purchase offer, and that was for somebody that wanted to tear down their house. After that, Keyes Real Estate had the listing since 1995 through present. And we were the only people that had made a purchase offer. Our purchase offer was to keep the house as it is. We spent approximately a hundred thousand dollars ($100,000) restoring the columns back on the house which had been torn down, and going through the whole historic designation process. And it's our hopes to turn this into professional offices, law offices - I'm a CPA (certified pubic accountant). I'd have my CPA firm there - and use it as such, restoring the house as a historic designation. We're also going to be applying to the National Register of Historic Places. The house is in imminent danger of being torn down. Nobody has ever given an offer, except for us, to use the house as it presently stands. The owners can no longer keep the house. It's too expensive. If the City were to abate the taxes on it, it still has insurance, and the actual repairs, we're probably going to spend about a million dollars ($1,000,000) to fix it up. We hope to restore the windows, ballastrades, the porte-cochere over here on the side. When we finish with it, it's our hope that when you drive by, you won't notice anything except a very old, beautiful mansion in front. We will have parking in the back. You won't see anything else in front. I mean, it could be anything you want. But it is in imminent danger of being torn down right now, if they can't be used as professional offices. Nobody has expressed any other interest except to tear the house down and build condominiums. The owners cannot afford to keep it as it is. So it's our hope not to change anything. We want you to apply an existing ordinance, the historic overlay. The ground on the house will still stay the same designation as an R-3, R-2... I don't remember what it is right now. It's... the actual house will have the historic overlay, allowing adapted reuse, so that it can stay as it is. And I hope that you people vote for that. We had earlier Becky Metcalf (phonetic) with the Dade Heritage Trust, she was going to speak on our behalf, and Joe Wilkins with the Miami Roads Civic Association. The homeowners in the area had been supportive of that. And also with me is Mr. Nolan and his wife, and Arva Parks, who had done the designation report for us. She got paid for the designation report, so we have her here as a lobbyist. She has paid that fee. I will now let Mr. Tory Jacobs, our kind adversary on this, speak at this point. Mr. Jacobs: Thank you. Tory Jacobs here representing the Brickell Homeowners Association. We represent some 5,000 condominium units in the Brickell area. We are in favor of the historical overlay for this property. I think it's... We think it's a great asset to our community, and we'd like to see it saved. However, we are concerned about its use as an office building. It will be a four-story office building with some 30 parking places in back, and have offices for the law firm, and offices for the accounting firm, and offices for some of their clients from Italy, as I understand. And we would like to see the Brickell community remain a residential area and not have proliferation of offices. I think the cancer in the area is this 1900 Brickell, which we discussed several times. And if that had not been converted to medical offices, I think we might be much more comfortable with this method of preservation. We would like to see the City of Miami consider utilizing tax abatement more generally as the enabling legislation from the State 116 October 28, 1997 and from the County, and has been used to some extent in Coral Gables, which I don't think we have that in Miami as yet. And for that reason, we support the historic overlay, but we do object to the office use of this property, and hope that you will support that. Thank you very much. Ms. Arva Parks: Mr. Mayor and members of the Commission, this is an unusual circumstance for me. I did prepare the designation report for the house, both for the City and the National Register. And as J.L.'s comment before, this is one of the few times that I've ever been before you and anyone paid me. I've worked, prior to being paid for this job, trying to save this house for... ever since I moved into its backyard. It's in my backyard. I live right behind it. And my next door neighbor, Mrs. Young, has lived in the house immediately behind it since 1945. And we all knew Ms. Harris that lived there. We've gotten to know Mr. Nolan, who was a little boy in that house. That is the last... it's like the snail darter of Brickell Avenue. It's the last great mansion that's in full public view, for everyone to see. And I was on the Preservation Board, the original City of Miami Preservation Board when we passed the first use of this overlay zoning. And ironically, it was for the Sugarbaker residence house office building, right next door to this property, the castle on the corner. We all love it. It's been a professional office since... for more... about 15 years now. And there's never been a complaint. And we feel like that's a wonderful precedent of how this ordinance is supposed to work, and how we passed it to have it work for a City. And this is the perfect example of what it's supposed to do, and that's why we're supporting it so firmly. Thank you. Mayor Carollo: Thank you. Is there anyone else who would like to address the Commission? OK. Hearing none, is there a motion from the Commission? Commissioner Gibson: It was passed already. Mayor Carollo: OK. We do have it? Commissioner Gibson: This was passed earlier. Mayor Carollo: Who made a motion? Vice Mayor Regalado: No, it's... It was passed, but then we reconsidered, because there were members of the audience who wanted to address, so we need a new motion, I guess, to approve. Commissioner Gibson: I'm not sure what they want us to do. Mr. Joel Maxwell (Deputy City Attorney): That's correct. Judge Green: Mr. Mayor... Vice Mayor Regalado: A motion to approve. Commissioner Gort: Second. Mayor Carollo: OK. Commissioner Gort: As I second that motion, I'd like to say I understand Mr. Jacobs and the residents of the building, their fears, but at the same time, I stated before with the 1900, and I state it with this, this is one way to maintain those houses in there. If you were to tear that down, or tear 1900 down, you're going to have just as many or more parking spaces built into it, you're going to have more concrete built into it than you do away with the historical housing. Now, we're talking about commercial, and let's face it. The building across the street, there's one building there that has 200 people that they work there, and they have an office there. Mercy 117 October 28, 1997 Hospital has got an office in one of the buildings there. My understanding is they employ 200 people in there. So let's be realistic. I think this is one way of maintaining those properties. Mayor Carollo: Any further discussion? Hearing none, can you read the ordinance, please? Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, FOR THE PROPERTY LOCATED AT 1548 BRICKELL AVENUE BY ADDING THE HP HISTORIC PRESERVATION OVERLAY DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of September 23, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Regalado, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado NAYS: Mayor Joe Carollo ABSENT: Commission J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11570. 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 Carollo: It passes, three to one. ---------------------------------------------------------------------------------------------------------------- 44. CONTINUE TO PLANNING ZONING MEETING OF NOVEMBER 25, 1997 CONSIDERATION OF PZ17 (PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602.4.1.3 "SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACE" TO MODIFY EXISTING PROVISIONS TO ALLOW SAID USES WITHIN DISTRICT -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT) -- SEE LABEL 42. Mayor Carollo: We're on item PZ-11. Vice Mayor Regalado: No. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Actually, we're on 17. Mayor Carollo: No, 18, excuse me. 118 October 28, 1997 Ms. Slazyk: On 17, the department would like to ask for a continuance for the title to be readvertised. Mayor Carollo: OK. There's a motion by Vice Mayor (sic) Gort, second by Commissioner Gibson, to continue PZ-17. all in favor, signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-772 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-17 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO MODIFY EXISTING PROVISIONS TO ALLOW SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY OPEN SPACES) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 25, 1997. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 45. DISCUSS / CONTINUE TO PLANNING AND ZONING MEETING OF NOVEMBER 25, 1997 CONSIDERATION OF PZ18 ( PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE 9, SECTION 920.2.2 "PARKING OR STORAGE OF MAJOR RECREATIONAL EQUIPMENT AS AN ACCESSORY USE IN RESIDENTIAL DISTRICTS" TO SET FORTH REGULATIONS ALLOWING STORAGE OF SAID VEHICLES IN FRONT YARDS, CONDITIONALLY -- APPLICANT: PLANNING AND DEVELOPMENT DEPARTMENT). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We're now back on 18. Vice Mayor Regalado: No, we did 18. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): No, 18, we need to do Seventeen, we continued. Vice Mayor Regalado: Yeah. Mayor Carollo: Yeah, 18, we need to do. 119 October 28, 1997 Mr. Francisco Garcia: Again, for the record, Francisco Garcia with the Department of Planning and Development. Item 18 is the result of a request by a citizen of Miami to relax the Zoning Ordinance, to allow boats to be parked in front yards. This request has been to the Planning Advisory Board, and now comes to you as a result of this action. Essentially, our position is this: We have drafted for you the ordinance that is before you, which would allow boats in front yards, subject to a very restrictive set of conditions, through class two special permits. We would, however, recommend denial of it, because we feel the enforcement of this proposal would be essentially impossible. That is all I have by way of a very brief presentation. And I'll answer any questions you may have. Mayor Carollo: Is there anyone from the public that would like to address this body on this item? Mr. Albert Valdez: I haven't been sworn in. Mayor Carollo: OK. Anybody else? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Valdez: My name is Albert Valdez. I live at 2480 Abaco Avenue. About 18 months ago, we started working on these conditions to have boats in the front yard, as a result of the north... Commissioner Gort: Bring the mike up to you. Mr. Valdez: I'm sorry. ... as a result of the Northeast Grove area having approximately 50 boats cited. At that time, we did a survey of the area, and we found there's quite a few boats in the City of Miami that fall under this particular category of boats in the front yards, or boats that can't be completely behind the farthest most front of the residence. And we had a workshop put together with Planning, and we came up with these requirements, which seem to lead - not "seem" - they do lead more toward the community and the look of the community. They're very stringent, and it's going to be very hard to get into compliance with those requirements. But it gives the boat owner an option., As it stands now, he has no option. He has to remove the boat, get rid of it, sell it. There is limited, if any storage area that boats can now be placed, and if you do find a place, it's exorbitant. I don't believe the average citizen in the City of Miami can afford two to three hundred dollars ($300) a month to have a boat stored. The question... some of the questions that arise during those 18 months can... We had addressed them. One of them was enforcement. And those 50 boats that were cited in the North Grove, they required an inspector to drive up and down the streets. See those boats in violation. Take down the addresses. Go back to the tax roll, find out who the property owner was, look up the property owner; write them a notice of violation, fill out a certified mail receipt; fill out a return receipt requested, and have these mailed out. That's an extensive amount of enforcement for boats, looking for boats, looking for RVs (recreational vehicles) to cite them. I believe you can use that same effort they put into citing those 50 boats into just going one step further and finding out that they have a permit. One of the other issues that was brought up was fighting, neighbor against neighbor, in a class two permit. They were concerned that by going... having to get the permit, you had to get the abutting property owners to sign off on it, that this would cause some kind of a rift with the community and your neighbors. However, a class two permit is the same permit you need for a swimming pool that requires the same signature from your neighbors. And, coincidentally, two of my neighbors had a situation of that type where one wanted a swimming pool, the other one didn't want him to have it, and as a result, he didn't get a swimming pool, because his neighbor didn't sign off on it. So to be concerned about pitting neighbor against neighbor with boats, and then not being concerned about it with swimming 120 October 28, 1997 pools, it doesn't seem to balance. I believe you have to be consistent across the board. If you're going to be concerned about boats, you have to be concerned about swimming pools. One of the other issues that was brought up by the Planning Advisory Board was the fact that one of the conditions is that the boat has to be behind some sort of vegetation, or landscaping, or fence, and they were concerned about crime, criminal element. It would give them a place to hide. And... However, a couple of months ago, I read in the Neighbors Section that the City went forward in planning landscaping and putting up shrubbery on Grand Avenue to help abate crime. So in one situation, they're telling me that it's going to help... it's going to help crime and help the criminal element, and then on the other hand, they're telling me it's not, it's going to work against them. I feel that this is a pretty good compromise. It's going to be very hard to live up to it, but it gives us something to work to. Personally, I don't believe I'm going to be able to meet those requirements, but I've gone 18 months, so I might as well finish it through. But I will have something I can do. If my boat doesn't fit the requirements, it's too long, it's too high, I can sell that boat, and I could get something smaller. I can work around... I have something to work with. I can try to get into compliance. The way it stands now is I have to sell the boat. I have no options. It just has to be out of there. And this class two permit is renewable. It's not once I have it on me, and I can do anything I want. If I get in there, and the landscaping goes bad, or the boat starts to fall apart, and my neighbor doesn't like it, I can't get renewed, because I'm going to have to have his signature. And one of the other conditions on that exception is that the boat has to have current license plates, it has to have current registration, it has to be serviceable. You just can't have a piece of junk in your yard with a tree growing out of it. Vice Mayor Regalado: Let us... Excuse me. Commissioner Gort: Mr. Vice Mayor, let me ask a question. Is anyone in opposition to this from the public? Vice Mayor Regalado: Yeah. Well, let's first hear from the Administration on the conditions, so everybody knows exactly what are the conditions that we would need to input. Mr. Garcia: The conditions are very restrictive. Essentially, the effect or the gist of them is, if someone is going to have a boat in their front yard... and not every vote - I'm sorry - not every boat is eligible. Only the smaller sized boats would be eligible. They would effectively have to ensure that all visual access to those boats from the street, from the public right-of-way would be all but screened. Essentially, they would be completely concealed by vegetation, or a wall, or whatever other means they would want to implement. That, again, would be subject to review by the Planning and Developing Department, as part of the class two special permit. Above and beyond that, just to capture briefly the essence of it, we would make this permit renewable on a yearly basis to make sure that the maintenance of the boat is kept up as we would wish it to be, and the rest of the requirements, basically, have to do with the licensing of the vessel and so forth, which are more practical concerns. But the... in essence, we would try to prevent, from the appearance of the boat, to have a negative effect on the area, on the neighborhood. Mr. Valdez: One of the important things on this that neither one of us have mentioned is this is not an option. This is not an either/or. If you have room on the side of your property, or in the back of your property, it has to go there. You can's say, "Well, I want to have it in the front," and apply for a class two. A class two permit would simply be for those individuals that cannot physically put their boat in the back yard, or cannot put it on the side. There is no way that they could do it. So it wouldn't be as though someone had it on the side and felt that it would be more convenient to pull it and bring it in the front. That individual, that homeowner could not do that. He would have to comply with keeping it on the side or in the back. Vice Mayor Regalado: Let us hear from the rest of 121 October 28, 1997 Dr. Quinton Hedgepeth: Hi. Good evening. My name is Quinton Hedgepeth. And excuse me, but I... and I didn't get dressed. This is the first time I've ever spoken to you without a jacket and tie. But someone called me and said that this item was going to be on the agenda, so I said I'm going to come and speak my mind about it. This is one of the few times where I've seen government request, make a request of its Planning Department to do something that they're even recommending against. You know, the conditions that you just asked him to show, they don't even like these conditions. In addition, the public does not like these conditions. I have a medium-sized boat. It's 22 foot, so it's an eight -foot boat and I... eight foot wide. And I imagine that's the size of the average boat in this town. And by the way, Miami is a town of boaters. And we're saying that we're going to create some restrictions. I've had my boat in my yard since 1982, and no one has ever said a word. My neighbors love it, you know, no problems at all. And even the literature that's going around, you see where there's one complaint, and then 50 people are cited for that, you know, because one person complained. I mean, there are neighborhoods that are set up for people like that, and they're right next door - I don't think I need to use the name - that if someone wants those types of restrictions on them, they don't live in Coconut Grove. They live across the street. They live in Coral Gables. My boat cannot go on the side of the house because of the lot size in Coconut Grove. Even though... I mean, right now, I put it on the side, and my wheels are on my property, but my... actually, part of my boat does overhang my neighbor a little bit. And I pushed it back as far as I could, but it cannot go to the back. And I think that's something that's common with a lot of people in Coconut Grove. I better get down to it. Another thing, you're going to push people into the marinas. There was one time when I was doing my construction, I did put my boat in the marina for nine months. My boat was broken into twice, and the last thing that really topped it off was I went to the marina with some out of town friends to go fishing, and - this was Haulover - and the night before, there had been a problem with the workers, and all the workers had quit, you know. Prices at these marinas are bad, it's hard to find one, and there's no security at them. Another thing, when a hurricane comes, if someone has their boat in a marina, the chances are they do not even have a trailer. And the first thing that all the marinas, including Miami Marina here says is, "Get that boat out of here." The do not allow you to keep your boat in the marina during a hurricane. So we're setting ourselves up for more of a loss. Another thing, as far as the trees, we have enough trees in Coconut Grove. What he suggested... I understand why he's recommending against it. If I were to... If people were to put trees across the front of their yard, I mean, there would be a lot more opportunities for the criminals and stuff. So just help us protect the trees that we have. Don't force us to put trees that we don't need. Thank you for the opportunity to speak. Commissioner Gort: I'd like to ask a question. What he stated is illegal. Am I correct? Ms. Slazyk: Right now, boats in the front yards are not allowed. Dr. Hedgepeth: That's correct. Vice Mayor Regalado: Excuse me. When did we start enforcing, like this case, 50 citations, when did we start? Ms. Ellie Haydock: I think Mr. Valdez said it was about 18 months ago, and there is some code violations that oftentimes we'll get a complaint, and then we'll... so that it's not selective enforcement, we go a couple of blocks, a couple of miles around and take a look at the whole neighborhood. And oftentimes, it is generated by a complaint, which prompts us... Vice Mayor Regalado: Yeah, but this has been in the books for how long? Ms. Slazyk: Well, Zoning Ordinance 11000 has been since about 1990. Prior to that, I would have to ask Zoning if the same prohibition was in place. And Zoning Ordinance 9500, the predecessor to 11000, also had the prohibition in place. And that was since the early '80s. 122 October 28, 1997 Mr. Ted Stahl: My name is Ted Stahl, 3171 Royal Road, Coconut Grove. As a resident of this community for almost all my life, there is no question that this is a boating community. But this particular ordinance that has been on the books has protected all of us and our real estate values. It just happens to be that there are a few that cannot oblige having a boat, because of the way their properties are laid out. My question is, how can an ordinance like this be enforced? We don't have the staff to enforce the ordinances as they are now. And our City is in a very serious predicament, and it's going to take time to reconstruct. We do not have the inspectors. We do not have the enforcement of this ordinance and many ordinances that we have on the books. My point is that when we go into our neighborhoods to buy our properties, if you're looking for a piece of property, you spend three or four hundred thousand dollars ($400,000) for a home, and in a year from now, your next door neighbor sells and brings a fishing boat, and piles it in front of his home, and the next door neighbor does that, what is the value of your property? Do you feel that you're going to get three hundred and fifty thousand dollars ($350,000) back out of your home, after you have a bunch of boats in front of the lawns? We have a good ordinance. We're not saying you can't park your boat on your property. What we're saying is you can't park it out in front. And there are a few houses that date back to where there is not accessibility to the back yard. But that.. Does that mean that if we allow that, that we must all suffer by letting everyone have their boats in front? I think that... that's only... the boats is the first thing that's going to come along. We have laws that say you can't park your truck out front. We have law... an ordinance that states you can't park your RV. Once we start letting boats, where do we stop? Next thing you know, the electrical truck will be out front, for the guy that works out of his house. Next thing you know, we'll have company coming in from Michigan and parking their van out front, with the electric cord running into the kitchen. And bathrooms that... Where does it stop? And I'm just concerned of the appearance of our community by allowing these boats to be parked in the front. Mayor Carollo: Let me ask, does anyone that's here, either for or against this item... Out of the people that are here for or against the item, do you require... does anyone want to have a full Commission to hear this? Because there's only four of us here. That means you have to get three out of four votes, either way. And if you would like to have a full Commission to hear and vote upon this item, you're entitled to have that. It's up to you all. You know, whichever side... Mr. Valdez: I think that would probably be more appropriate, so that each Commissioner could represent his area... Mayor Carollo: OK. Mr. Valdez: ... and have a say in it. Mayor Carollo: All right, there's a motion to continue this item to the next meeting by Commissioner Gibson, second by Vice Mayor Regalado. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 123 October 28, 1997 The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 97-773 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-18 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO SET FORTH REGULATIONS ALLOWING STORAGE OF MAJOR RECREATIONAL EQUIPMENT/VEHICLESBOATS IN FRONT YARDS) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 25, 1997 IN ORDER THAT A FULL COMMISSION BE PRESENT TO DELIBERATE ON SAID ISSUE. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Mr. Valdez: I'd like to make one statement. It's got nothing to do with the item. It just has to do with Mr. Garcia. He is an exceptional employee, and he's been very cooperative and very helpful. Mayor Carollo: It's good to hear that. Mr. Valdez: Even though I know he's not on our side, if you've got to lose to someone, he's the person to... Mayor Carollo: I respect you even more for saying that. We appreciate it. But you can't ask for a raise now. Thank you. ---------------------------------------------------------------------------------------------------------------- 46. AUTHORIZE CITY MANAGER TO EXECUTE LEASE AND DEVELOPMENT AGREEMENT WITH GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC. -- FOR PLANNING / DESIGN / CONSTRUCTION / LEASING / MANAGEMENT OF COMMERCIAL AND RECREATIONAL FACILITY ON 13.55 ACRE SITE ON DINNER KEY FOR 40 YEARS -- FURTHER REQUIRING LESSEE TO MAKE $5,000,000 MINIMUM INVESTMENT AND $300,000 MINIMUM LEASE PAYMENT WITH RENT ESCALATION PROVISION) -- SEE LABEL 27. Mayor Carollo: OK. Do we have any other Planning and Zoning items that we have to take care of or not? Mr. Joel Maxwell (Deputy City Attorney): No, sir. 124 October 28, 1997 Vice Mayor Regalado: No. Mayor Carollo: OK. Now, we have some items that we have to go back from the morning agenda. We have, I believe... Is it item 16 that's the contract next door? Mr. Edward Marquez (City Manager): Yes, sir. Vice Mayor Regalado: Mr. Mayor, I also had a discussion item that we deferred, but we can go ahead and do whatever. Mayor Carollo: You know, item 16 has to do with a lease that the Administration has been working diligently on. The quicker that we can get it done, the quicker the City starts making money. So I'd just as soon start hearing it right now. Vice Mayor Regalado: All right. Mr. Jack Luft (Director, Planning & Development): Mr. Manager, Mr. Mayor, members of the Commission, Jack Luft, Director of Planning. We're here to recommend approval of a lease agreement with Grove Harbor Marina and Caribbean Marketplace, LLC, for the lease of the Dinner Key Boatyard, formerly known as the old Merrill Steven site. This will provide for a term of 40 years. It will allow for the development of 13.5 acres, seven of that upland, six and a half of that submerged, which will include a full service marina of 122 slips, a full service boatyard, handling repair and servicing of up to 40 boats at one time, a marine retail facility, marine fueling facility, and a public marketplace of small vendors and specialty retail, serving the needs of waterfront visitors. We estimate that the value of the improvements to be made will be not less than five million dollars ($5,000,000). It's quite possible that in the final analysis, it will be closer to eight to nine million. The lease requires a discovery period, a due diligence period where the full financing would have to be provided, an environmental assessment would have to be made, and preliminary development plans for the property submitted before possession of the site could be taken. On the City's side... included in that will be a performance and payment bond for the full value of all the estimated improvements that will be developed in that plan, and the improvements to the hangars will be done consistent with the National Register Historic standards for the restoration of the buildings within the Pan American National Register Historic District. The City would be required to provide the property, clear of existing tenants. The City has delivered the environmental permits for the 52 slips. It is proceeding with the construction of that portion of the marina, using the FEMA (Federal Emergency Management Agency) dollars that we recovered from Hurricane Andrew. The minimum annual rent that we've negotiated is three hundred thousand dollars ($300,000) or the greater of a percentage of revenues which is broken down by uses within the marina: ten percent of gross revenue from the marina; ten percent of gross revenue from the boatyard; five percent of gross revenue from the marina fueling facility; five percent of gross revenues from all marina services facilities or... and that would be assuming that would be a flat rent where there would be just a dollar ($1) per square foot charge, and it would not be associated with the gross. If there was a gross involved in that, five percent of floor rent, plus 25 percent of the percentage rent received by the lessee. We would get five percent of gross revenues from all food service facilities outside the market, two percent of gross revenue from the marketplace vendors, and, then, with the marketplace subtenants, some of who would be in outside plazas and courtyard areas. Vendors along the bay walk, there would be a ten percent of rent, and, then, a split of any percentage rent of half and half, up to three percent of gross revenues, and, then, one third of the revenue would go to the City after that. Minimum annual rent would be adjusted every five years, based on an appraisal of fair market rent, beginning at the end of the seventh lease year, which would be the fifth year of full operation. That reappraisal would be continued every five years over the 40-year course of the lease, so that we could keep the minimum base rents current with fair market conditions. 125 October 28, 1997 The lessee will deposit a hundred and fifty thousand dollars ($150,000) with the City as a security deposit upon execution of the lease. In the event that there is any sale or transfer of 15 percent or more of the lessee's membership interest in the property, the City would receive three percent of net proceeds received by the lessee on that transfer of interest. Lessee will pay all taxes, all assessments and positions on the property, and if there are any nontaxable portions of the marina, then, they would pay a City payment in lieu of taxes, consistent with this Commission's policies. On environmental liability, the lessee has agreed to pay the first fifty thousand dollars ($50,000) of cleanup cost, the City would pay the next fifty thousand, and then we would split 50/50 any cost up to the next five hundred thousand, or a total of six hundred thousand overall. If the costs were over six hundred thousand, which we believe is highly unlikely, since we've had a considerable cleanup of the property already, then, each party would have the right to cancel. The proposer, in their initial response to the RFP (Request for Proposals) did propose splitting 50/50 with the City any taxes abated on the historic properties by Dade County. This would not be a City tax abatement. But Dade County has a program where, for historic buildings, they will set aside for a period of ten years the property taxes. If that were to occur, the proposer would share, cash to the City, half of that benefit, which would be available to the City to reinvest in other waterfront properties, or as we wish. And the proposer will finally reimburse the City for its twenty-two thousand dollars ($22,000) in RFP cost. This is the proposal. It is based upon an economic rent that was compared to two appraisals, fair market appraisals that were done on the exact proposal as submitted. Those fair market appraisals revealed that on one appraiser, al hale that the minimum rent should be three hundred thousand, which is what we're recommending, and the other appraiser, Menocal, agreed that the three hundred thousand would be a minimum rent for years one through three, and, then, recommended four hundred and forty thousand for years four through 40. The percentages of both appraisers are basically in line with those that we've recommended as minimum fair markets, as they must be legally. If there are any questions, I'd be happy to try to answer them. Thank you. Vice Mayor Regalado: The parking, Jack? Mr. Luft: Yes, sir. They will have to meet parking requirements. We have gone through on their preliminary plans and calculated what we believe to be the amount of parking that will be required, and we believe they're within ten spaces of on -site parking that will meet the code requirement. So it's very close. It will depend on how they ultimately achieve their retail square footage. But right now, it looks like we can meet it on site. They will have to meet that either on site, or contribute to the City for an adjacent off -site parking. We do have a public lot next door at Pan American. Vice Mayor Regalado: So how many parking spaces do you think that we need? Two hundred, 300? Mr. Luft: I think they're under 200. Vice Mayor Regalado: Employees, where are they going to park? Mr. Luft: Employees would park on site, and normal parking requirements do account for employees in our zoning code. Commissioner Gort: What's the total parking facility we have within the area? Mr. Luft: The total what? Commissioner Gort: Parking facility that we have within the area, with the new parking lot we built here and the... 126 October 28, 1997 Mr. Luft: We have roughly 700 spaces at the Coconut Grove Exhibition Center. We have another 120 spaces at the corner of Pan American. We have about 200 spaces on a good day at the Virrick Gym. It's a little hard to calculate, because people park all over the road and it's not controlled. Mayor Carollo: Well, you are going to have more spaces there, though, once we formulate the plan that we're going to be proposing. Mr. Luft: Right. With the improvement of the... Mayor Carollo: Maybe as many as 150 more. Mr. Luft: Yeah. I think we can achieve some more on that site with more organized parking scheme and a better use of the surface area. Generally, we have about 1100 to 1200 spaces in the Dinner Key area between 27th Avenue and Aviation, public accessible parking. In addition, the Monty's Marketplace, by virtue of their zoning approval and lease, have contracted for an additional 500 spaces in the Terremark Center Building on the top of the hill. So that is publicly accessible parking that is required for the use of Dinner Key residents or users. Mayor Carollo: Well, you and the Administration are recommending this, Jack, correct? Mr. Luft: Yes, sir, we are. Mayor Carollo: Any additional amendments in your recommendations that you have before us? Mr. Luft: We have discussed one item, and that is a two percent set -aside, to be controlled by the operator of the marina, two percent of gross revenues from the marina, to assure that there would be a capital improvement fund over time to maintain a high quality standard of operations. Mayor Carollo: Is that an escrow two percent that they will have? Mr. Luft: It's an escrow two percent that... Mayor Carollo: OK. Mr. Luft: ... each year from gross revenues, but they will control that, and it will be reinvested in the marina. Mayor Carollo: All right. That's two percent net or gross? Commissioner Gort: Gross. Mr. Luft: Two percent of gross marina revenues for reinvestment. Mayor Carollo: OK. Have they agreed to that? Mr. Luft: I believe that so long as they can... it is clear that that money can be reinvested in the marina, on an annual basis, as part of their continuing upkeep and maintenance, that they would be willing to do that, yes. Mayor Carollo: Can we get someone from this group to come and acknowledge that they're in agreement with that? 127 October 28, 1997 Mr. Ramon Rasco: Good afternoon, Mr. Mayor. Ramon Rasco, for the proposer, lessee, 5200 Blue Lagoon Drive. Yes, we spoke to Mr. Luft about that a little while ago, and we have worked out the conditions, and they will be incorporated into the lease. There will be a two percent set - aside from the marina gross revenues to be used for the upkeep and continuing maintenance of the marina as a first class facility. Mayor Carollo: Any other... Vice Mayor Regalado: Are we OK with the rent basis? Mr. Luft: Well, we have recommended the two percent rent. There has been some discussion on that item on the marketplace. The concern was that in the first place, they are going to be spending what we believe is a significant amount of money improving those hangar structures to the Secretary of Interior standards, which is an unusual expense that is not normally part of a market operation. So we tried to make an allowance for that. Plus the actual operation and the management of a market is a very intensive requirement on the property developer. It's a very high cost management. So we felt that the five percent appraisal was high. It was more comparable to a push cart vendor at Bayside than to a high maintenance public market, which is a different animal. We did talk about moving the two percent number to a three percent for some of the outside market components, where the cost of the structure was not as much of a burden. I think if there was any item to be discussed, it would be that number. There has been some thought that if we were to start with the two percent of gross on the public market, we would revisit that in a fair market appraisal after the second year of stabilized operation, and see if that two percent number was still a good fair market number. But since we're dealing with a new entity here, a new creation, and a... and there's really no comparable down here for this kind of market, we were trying to be conservative, to allow it a chance to succeed, and then revisit that. That is not in the lease, the reappraisal of the two percent, but that was some of the discussions. Commissioner Gort: I have two questions. In looking at the contract, one of the provisions is that they had to have a marina, 140 slip? Mr. Luft: Well, the 144 slips is what we originally felt could be built, but we only received, the City, permits from the Corps of Engineers for 122. Commissioner Gort: Well, my understanding is this contract is stating that they're supposed to be providing, but that's being built by the City and a separate contractor. Mr. Luft: The City is building 52 slips. We have permits that will be turned over to them for up to 100... Commissioner Gort: For them to build themselves then. Mr. Luft: That they can then build up to 122 for an additional 70. They have asked the right that if they could secure, through their own efforts, an additional number of slips to get to the 144, could they have the right to build that, and we said yes, because the bay bottom would accept that. Commissioner Gort: Also, when you're talking about the percentage... gross revenue. OK. Mr. Luft: Mm-hmm. Mayor Carollo: Are there any further questions from the Commission? OK. Hearing none, anyone else from the public that would like to make a statement? 128 October 28, 1997 Commissioner Gort: Do we have any projections in the revenues? Mr. Luft: We would expect that by the fifth or sixth year, right after three years of stabilized operation, the City would be making somewhere between four hundred and fifty and five hundred thousand dollars a year ($500,000) in gross... in net rent to the City. Commissioner Gort: Thank you. Mayor Carollo: And we need to get it as quick as we can. Mr. Luft: Yes, sir. Mayor Carollo: Is there a motion? Commissioner Gort: Move it. Mayor Carollo: Moved by Commissioner Gort. Vice Mayor Regalado: Second. Mayor Carollo: Second by Vice Mayor Regalado. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-774 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AND DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC. (HEREINAFTER "LESSEE"), FOR THE PLANNING AND DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A COMMERCIAL AND RECREATIONAL MULTIPLE USE FACILITY INCLUDING A FULL SERVICE BOATYARD, MARINA, MARINE RELATED RETAIL USES AND A PUBLIC MARKET WITH ADAPTIVE USES AND A PUBLIC MARKET WITH ADAPTIVE REUSE OF TWO EXISTING HISTORIC HANGAR STRUCTURES ON A 13.55 ACRE SITE (6.95 UPLAND AND 6.6 SUBMERGED ACRES) ON DINNER KEY FOR A PERIOD OF FORTY (40) YEARS; REQUIRING SAID LESSEE TO MAKE A TOTAL CAPITAL INVESTMENT IN SAID PROPERTY OF NOT LESS TAN $5,000,000; PAYING TO THE CITY OF MIAMI A MINIMUM ANNUAL LEASE PAYMENT OF NOT LESS THAN $300,000 OR A PERCENTAGE OF REVENUES AS SPECIFIED HEREIN, WHICHEVER IS GREATER, INCLUDING A RENT ESCALATION PROVISION; AND SUBJECT TO SUCH ADDITIONAL CONDITIONS AS ARE PROVIDED IN THE AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 129 - October 28, 1997 Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Mayor Carollo: After I don't know how many years past Administrations have been dealing with this, we finally have a solid deal closed here. Congratulations to everyone and to the Administration for the hard work that they have put into it. Thank you. Commissioner Gort: And we hope you pay the maximum rent the first year. Mr. Rasco: We hope so, too. Commissioner Gort: That's because you'd have been very successful. Mayor Carollo: Sure. Mr. Rasco: Right. ---------------------------------------------------------------------------------------------------------------- 47. DIRECT CITY MANAGER TO DISCUSS TERMS / CONDITIONS WITH CITY ATTORNEY AND ALAMILLA AND ASSOCIATES REGARDING POSSIBLE LEASE OF PROPERTY AT 1000 SOUTH MIAMI AVENUE (FIREHOUSE FOUR RESTAURANT). Mayor Carollo: OK. We are on item 17. I have to step out for just a couple of minutes, and I will be right back. Vice Mayor Regalado: OK, item 17. It's a discussion regarding the Firehouse Four Restaurant. Dena. Ms. Dena Bianchino (Assistant Director, Asset Management): Members of the Commission, at the last meeting, you directed us to review a final submission from Mr. Alamilla regarding the Firehouse. What we have in front of you is the proposed lease terms and our comments on them. Briefly, we are still not convinced that there is firm evidence of financing. The leasehold improvements that they are proposing meet and exceed the RFP (Request for Proposals) requirements. They have met that requirement. They are asking for a 50 percent reduction in rent over the first six-month period, which was allowed in the RFP. They are taking advantage of that. They are seeking a rent abatement for up to 60 days while they complete their leasehold improvements. And we don't understand how they are going to take this rate abatement, and that was not part of the RFP. They are... They will not provide a security deposit. They are going to... They have told us that the leasehold improvements will serve as the security deposit. However, these imnprovements will be pledged as collateral for their mortgage. So the City has no... There is nothing there for us. They want us to waive our normal lien for rent in favor of a 130 October 28, 1997 lending institution, so we would have to subordinate our right there. They have asked us to approve a bond company that we don't know anything about, and we would want to review. The other thing that they don't do, that I think is extremely important is they do not provide payment to the City for any cost incurred by their default, which is standard under a payment and performance bond. There is no letter of credit for furniture, fixtures and equipment. I do want to make you aware that they want to transfer this lease immediately, upon signing. There would be a simultaneous transaction. The lease would be signed with Alamilla and Associates, and simultaneously, they would assign the lease to Firehouse Four Limited. Obviously, we would have to assure ourselves that Firehouse Four have met the requirements of the lease. And there are certain legal provisions in the lease that we would like... we would like the right to review them. It's legal stuff, and their lawyer put it in, and we need time to look at that. I would just like to raise three items that I think are critical to the City, if we want to move forward. I think it's essential that we get a six-month security deposit. We will have nothing under the terms that they have proposed. If they default, we will have no income. The payment and performance bond has to be approved by the City Attorney's office and has to meet all normal requirements that we require in other leases. And we would require a letter of credit for the furniture, fixtures and equipment which they are proposing, which would total about a hundred thousand dollars ($100,000). At this time, I... you know... We have reported... Vice Mayor Regalado: All right. Mr. Alamilla, would you and your partner be willing to give the City a six-month deposit? Mr. Carlos Alamilla: We will provide... My name is Carlos Alamilla, 649 Southwest 9th Street, Miami. Commissioner Regalado, we are willing to give six months security deposit, which will be the same amount as the six months paid in advance rent. Ms. Bianchino: No. Mr. Alamilla: That would be... Vice Mayor Regalado: No. Mr. Alamilla: ... a total... Vice Mayor Regalado: She was saying a deposit. Mr. Alamilla: A deposit. In addition to. Vice Mayor Regalado: Oh, in addition to. Mr. Alamilla: In addition to the six months rent, we will be willing to give six months security deposit. So in addition to the nineteen thousand one twenty-five, we will be willing to give you another nineteen thousand one twenty-five. Ms. Bianchino: So you are willing to provide a six-month security... cash security deposit? Mr. Alamilla: Cash security. Vice Mayor Regalado: OK, that's one of the things. Now, the other problem. Commissioner Gort: The bond company has to be approved by the attorneys. Mr. Alamilla: I am sorry? 131 October 28, 1997 Commissioner Gort: The bond company... The bonding company has to be approved by our attorneys. It's got to be... Mr. Alamilla: That's tine, that's tine. I have no problems with that, you know. AIB Financing has been around for a long time. It's a reputable company, it's... Commissioner Gort: Make sure you mention it correctly. AIB, not AIBC. Mr. Alamilla: Yeah, I know, I know. No, AIB. It's owned by Mr. Jose Alvarez. Commissioner Gort: Right, OK. Mr. Alamilla: And, you know, the company is a reputable company, you know.. You can scrutinize it, you can... you know, you can investigate it. Ms. Bianchino: OK. We are just saying the bond has to be approved by the City Attorney. That's... Mr. Alamilla: I see no problem with that. Vice Mayor Regalado: So, then, there's no problem with the bond being approved. They are willing to give you... Ms. Bianchino: A security deposit. Vice Mayor Regalado: ... security deposit plus six months rent. What else do we need? Ms. Bianchino: We need a letter of credit for furniture, fixtures and equipment in the amount of approximately ninety-eight thousand dollars ($98,000). Mr. Alamilla: The letter of credit, I find it unncessary right now, because of the fact that we have to buy the equipment, irregardless. Upon that equipment coming into the Firehouse, including the fixtures, that becomes part, you know, part of... also part of the deposit that we are giving to the City, in addition to the money, the nineteen thousand one hundred and twenty-five. So, I don't see the purpose of the letter of credit. That's to assure them that we are going to purchase it? We need to. We were going to purchase them anyway. We need to purchase those items anyway, in order to open. So, it's not a matter of, you know... Ms. Bianchino: OK. Commiissioner Gort: Let me ask you a question. Vice Mayor Regalado: One second. Go ahead, Commissioner. Commissioner Gort: Is that letter of credit to guarantee our furniture that we own, or what they are going to buy? Ms. Bianchino: No. It's to guarantee to us that they will provide what they said they are going to provide. And it would be extinguished upon them providing all the equipment that they said they are going to provide. So, it would be a temporary letter of credit. It's not abnormal in these circumstances. Mr. Alamilla: Well, that puts us in a position that we have to buy ninety-eight thousand. In addiiton, we have to put up another ninety-eight thousand cash deposit in order to guarantee them the purchase. You know, that's a burden. 132 October 28, 1997 Ms. Bianchino: No, no. No, you can buy a letter of credit... Mr. Alamilla: That's a financial burden that we don't want to face. Ms. Bianchiono: No. We are not asking for ninety-eight thousand dollars ($98,000) in cash, sir. We are asking for a letter of credit that will probably cost you about between two and three thousand dollars ($3,000). Mr. Alamilla: Madam, let me bring you up to reality today. All the banks today, in order to open a letter of credit, you have to give ninety-eight thousand worth of cash, CDs (certificates of deposit) or some liquid instrument, you know that, you know, will give them the security of the same amount... of the amount of the security... of the letter of credit. So... Commissioner Gort: Let me ask you a question. Let me ask you a question. My understanding is you need to spend that much money in buying the equipment? Mr. Alamilla: Yes, sir. Commissioner Gort: OK. My understanding is you can do a letter of credit. You can sit with the bank, the City and yourself, where you can deposit that money, and as soon as you make that payment, that letter of credit is transferred automatically, that money. Mr. Bianchino: So they are going to spend it, anyway. Mr. Alamilla: If we can use the original ninety-eight thousand and then... Commissioner Gort: You can draft a letter of credit with your banker and with the accordance of the City of Miami, and correct me if I am wrong. My understanding is, you can put the letter of credit... that that money that you are going to use to purchase your equipment can serve as a letter of credit. As soon as that equipment is purchased, automatically, that would activate the letter of credit to pay for the equipment. Mr. Alamilla: That's fine. If we... Commissioner Gort: OK. That's all you need to do. Mr. Alamilla: No. If the bank agrees to that, I have no problem. I see no problem with that. Commissioner Gort: It's done every day. export/import. Mr. Alamilla: OK. Done. You can do it. It's like when you do an Ms. Bianchino: OK. One more point on the FF&E (furniture, fixtures and equipment). They are going to use these improvements as collateral for the bank. So, that if they default, none of this comes back to the City. It goes to the bank. So, I just want you to be aware of this. Vice Mayor Regalado: Yeah, but don't we have the six months deposit? Ms. Bianchino: The only thing we will have is six months security deposit. Vice Mayor Regalado: Plus the six months rent. I mean, we are safe for six months. Right? 133 October 28, 1997 Ms. Bianchino: We are only going to be paid rent, in case of a default, for six months. Vice Mayor Regalado: I understand that, but from next week, say, if you do the lease, in the next six months, if they fail, default, we'll be covered for six months. Ms. Bianchino: Yeah. And then if we're in a protracted court situation with them, we will be getting no income from the property. I just want you to know this. Commissioner Gort: Well, let me ask you a question. We have our attorneys here. Can't we draft documents that in case of default, it can be executed? I mean, I don't understand how we operate, because in my business, if I don't pay my rent in three days, I'm out. I'm out. I mean, I get a letter saying that if you don't pay your rent within three months, you're out. And for some reason, I don't know if... maybe it's different in the public sector. Vice Mayor Regalado: Mr. City Attorney, do you mean... Does Dena mean that in case that they default, there is nothing we can do about it, if we go into a court battle with them? A. Quinn Jones, III, Esq. (City Attorney): What you're asking is they would immediately surrender the premises. Is that what you're really asking? Vice Mayor Regalado: Yes. Mr. Jones: Certainly, we can draft it in a contract. Now, the other question is whether, in fact, the procedure for surrendering the premises under Florida Statute would supersede. I'd have to look into that. I'm not going to sit here and tell you that it can or cannot be done. We'll look into it. Vice Mayor Regalado: Would it be possible... Excuse me. Would it be possible to have in the lease something to the fact that if this company should default, that they are committed to vacate the premises? Mr. Jones: Yeah, but, you know, that's pretty much what we had in the agreements with these tenants here, that they would surrender the premises, you know, on a date certain, whatever else. But, yeah, we'll... Let me look into it, and if it can be put in there, and it will be legally binding, I'll do that. Vice Mayor Regalado: Do you have any problem with that, Mr. Alamilla? Mr. Alamilla: We don't need to... You know, we don't need to force the issue. You know, if we default on it... I mean, you know, we don't anticipate, we don't project ourselves to default on the agreement or on the lease. So, therefore, you know... You know, I have no problems with the City Attorney drafting something that's comfortable with the City and that's comfortable with us. Vice Mayor Regalado: Dena, do you feel comfortable enough? Ms. Bianchino: Well, here's what I would like to recommend to you. We are still not confident of the financing situation, and here is how I'd like to try to resolve the situation. I would like to issue a letter of intent from the City to Mr. Alamilla, indicating that we are going to enter into a lease with him, and outlining the terms of the lease. He can take that to a bank. The bank can look at it. They can say, in accord with the terms as outlined on this piece of paper, and pursuant to execution of a lease, we will grant the money. A bank will do that. And the second thing I would like to do is prepare a very detailed check list of the items that we need, because we've asked for things before and not gotten them exactly the way we needed them. So if I draft a very 134 October 28, 1997 clear check list of items that we need from them for their financing, and then they would have to respond to that. Vice Mayor Regalado: Well, let's say here on the record that Mr. Alamilla has committed himself to paying six months... Ms. Bianchino: Security deposit. Vice Mayor Regalado: ... security, six months rent... Commissioner Gort: In advance. Vice Mayor Regalado: ... to have a provision saying, if you default, you know, you vacate the premises like right away. What else? Just to be on the record. And, then, when can we bring this back? Can we, Mr. City Attorney, can we be informed by the Administration of the progress, of the immediate progress of these talks? Should the Mayor call a special meeting, or can we just approve in principal a lease, and then bring it back... Commissioner Gort: The final lease has got to come to us for approval. Vice Mayor Regalado: I know that, I know that. But what I'm saying is that don't wait for like November, December, January. Ms. Bianchino: No. We would... Mr. Alamilla: No, I would... Vice Mayor Regalado: If you can... If you are sure that they have what they say they have, to draft the lease, and then, you know... Mr. Alamilla: Commissioner, just one word. The lease has been drafted already. You know, we took Kimberly Driscoll's lease, and from... instructions from the Asset Management, and basically, we took the same lease that you had before. You know, we input our numbers from our original proposal, and we upped them and the original amount of the investment. So the lease is drafted. There is nothing to draft anymore. We have a lease. What I would like the Commission to instruct Asset Management is to sign the lease, because I have talked to several lenders, and then what they have said to me, "Give me a signed lease. Otherwise, we can't give you anything." And that's really the issue here tonight. Vice Mayor Regalado: Yeah. OK. But you are getting a letter of intent which almost is the same. Mr. Alamilla: You said "almost." It's not the same. Vice Mayor Regalado: You want us to... Commissioner Gort: My understanding is, from our department, we do not have a lease that they can recommend for us to approve here tonight. Ms. Bianchino: We don't. Vice Mayor Regalado: We don't have a lease? Commissioner Gort: You don't. OK. 135 October 28, 1997 Ms. Bianchino: We're trying to expedite the process. Commissioner Gort: And our legal department says we do not have a lease for us to approve here. The easiest way to do it is what they're recommending. They can give a letter of intent saying that we have a lease, and he can take that to the bank. Mr. Alamilla: How about them drawing up the lease within... by Friday, by this Friday. Just like, you know - they rushed me the other day to bring the information to them - by Friday, and then we can sign the lease, and I'll take it to the bank, and then give it subject to... Commissioner Gort: Excuse me. Excuse me. Vice Mayor Regalado: We can't... Commissioner Gort: We cannot sign any lease unless they come here and it's approved by us. Any final lease has got to come to us and we've got to approve it. We can't tell her, "Go and make a lease and sign it." It's got to come in front of us, and we have to approve it. That's the way the procedure is. Unfortunately, that's the way government works. Ms. Bianchino: Mr. Alamilla, we are trying to expedite this by issuing you a letter of intent, and I have talked to several bankers and people in the restaurant business, and they have informed me that this letter will enable you to get firm financing, of course, subject to a lease that reflects the items in the letter, which we would certainly honor. Mr. Alamilla: But basically, today, we're in the same position as we were on the 14th of this month. We discussed the same issues, you know. We were supposed to create a lease, which we did, in accordance to the terms and conditions from Kimberly Driscoll's lease, except with the change that... from our proposal, our original proposal. And basically, what we want is just to take that lease, if you're in agreement, to let the City Attorney review the lease, and then use that lease to present it to the bank or to the financial institution who is going to finance the deal. Mayor Carollo: What is the recommendation from the Administration? Ms. Bianchino: Mr. Mayor, we're recommending that we draft a letter of intent indicating to Mr. Alamilla that we are prepared to issue a lease to him, and we will outline the terms. This is the document that he can take to the bank, and they will look at it, and they will agree or not agree. But they don't need a lease to go to the bank. Mayor Carollo: Now, are we going to have the guarantees that the City has been asking for? Ms. Bianchino: He just agreed to provide a six-month security deposit, a letter of credit, and an acceptable payment and performance bond. He just agreed to that. Mayor Carollo: OK. Ms. Bianchino: So that we would issue the letter of intent, and I will also issue him a very detailed check list of items so that he... we're all on the same page. Mayor Carollo: I just want to make sure that the City is going to have the guarantees that we're asking for. Mr. Alamilla: Mr. Mayor, you have gotten the guarantees. Just what I'm asking for - and I will talk to my lenders and my financial people - is that they want to see a complete lease. A letter of 136 October 28, 1997 intent, they... it doesn't serve them any purpose in the sense... up to one... up to a point. They know that the City intends to enter into a lease with us. However, they don't have the details and the clauses necessary for them to make a commitment, a financial commitment. Mayor Carollo: Mr. Manager, if you could discuss this with the City Attorney, and if, indeed, he needs what he is asking for... And frankly, if the investors are solid, I think they would be willing to wait whatever time the City would need that's reasonable for them to guarantee him the money, as they're telling everybody. If you all tell me, you and the City Attorney, that you can do this before the end of the week, I would be happy to bring it in, in a special Commission meeting and deal with it then. But what I do not want to do, either, is to rush in something that we're not ready, and then fall into the same problems and traps that past Administrations did. Vice Mayor Regalado: Mr. Mayor, that's what I... while you were out, that's what I mentioned, that this is worth calling a special meeting, that I'm sure that you would do that, and that as soon as we have something ready, I think with the letter of intent and with the will of this Commission, what you are seeing here is most, if not all of the City Commission of the City of Miami trying to open Firehouse Four, and trying to have the lease ready for you. And... But I guess that we need some assurances from the different departments. As a matter of fact, I don't think that we are in the same position that we were on October the 14th, because on that time, the Administration was adamantly recommending not to approve your proposal. And I think that you have seen flexibility on the part of the Administration. So I just hope that in a few days, we can be here any time to approve a lease. Mr. Alamilla: I agree with you, Mr. Vice Mayor and Mr. Mayor, that if we can get the legal department to draw... The lease is drawn. I think they just need to review it, and then add or delete whatever items they would like to add or delete. And if we can have it by the end of this week, with the letter of intent and that lease, then I can go to the financiers. Mayor Carollo: With all due respect, you know, I respect the lease that maybe you all had written up, but I'd prefer our City Attorney to be able to go through it, and for us to include whatever we want in the lease, not what you might want. Mr. Alamilla: No, no, no. I have no problem. That's why I'm saying what I said. Delete or amend whatever items you would like to and... Mayor Carollo: Well, you're going to lose me in a few minutes, because I have to step out. So if the Administration would go ahead, together with the City Attorney, and once you have the conditions in the lease that you are satisfied with, please sit down with the gentleman and then you let me know if you're ready to have a special Commission meeting called, and I gladly will do it. Mr. Alamilla: Mr. Mayor, can we have a dead... can we have it done by Friday, please? Mayor Carollo: Well, I have no problem in coming Friday, but what I'm not going to do is put a gun to their head and give them the type of deadline that maybe they might not be able to achieve. If they can do it, I gladly will call a meeting. Mr. Alamilla: Can we have a deadline here, Dena? Can we agree on a date, on a... so we don't... Mayor Carollo: It's not Dena. It's the City Attorney that has to work at it, you know, and frankly, sir, you know, this is not the kind of way that we should do business in the City of Miami, that no matter what it is, whether a day more or a day less, we're going to have to have a lease back in here. You'll have the lease when the City Attorney is sure that it's the right type of lease that's going to protect the City of Miami. Once he has that, he'll call you. They'll call me, and we'll have a special Commission meeting. 137 October 28, 1997 Mr. Alamilla: Sounds good. Mayor Carollo: Thank you. ---------------------------------------------------------------------------------------------------------------- 48. BRIEFLY DISCUSS PROPOSAL TO PURCHASE WATSON BUILDING. Vice Mayor Regalado: Very briefly, Mr. Mayor. I had a discussion item. I know that you have to leave, but it has to do with City of Miami property. This is an envelope that contains an offer for Watson Building. Now, I know about the process, and I know about the three bids and everything, but the reason that I wanted to bring it here - and I don't know these people - is because on a town hall meeting that we had in downtown Miami several months ago, I promised the people there that I... in six months time, if nothing had been done with Watson Building, I would bring it... the issue to the City Commission. Mayor Carollo: Commissioner, if you could be so kind as to give it to the Administration, let them review it, and we could bring it up at the next meeting then. Vice Mayor Regalado: I was going to do that, and just mention that what you have here is probably a reality situation in terms of price, and not... and I just wanted to bring it here so we don't start bringing properties that... Mayor Carollo: It's acknowledged. Thank you. Commissioner Gort: Five year plan. Mayor Carollo: Pocket... well, we haven't gotten done with the five-year plan. Commissioner Gort: No. Mayor Carollo: OK. Can we get through with whatever she has, the Commission has, and then we'll...? 138 October 28, 1997 • 0 49. (A) AMEND RESOLUTION 97-638 -- GRANT SIX MONTH RENT ABATEMENT TO SHAUNDA'S HAIR AND NAIL STUDIO, INC -- FOR LICENSEE TO REMODEL SPACE 111 AT OVERTOWN SHOPPING CENTER LOCATED AT 1390 N.W. 3 AVENUE. (B) GRANT SIX MONTH RENT ABATEMENT TO BUSINESSES RENTING FROM CITY AT OVERTOWN SHOPPING CENTER (1390 N.W. 3 AVENUE). Commissioner Gibson: I have Miranda Albury here... Mayor Carollo: OK, Commissioner. Commissioner Gibson: ... from one that we have. Mayor Carollo: Go ahead. Commissioner Gibson: On September 23rd the Commission passed and adopted Resolution No. 97-638, and we want to amend that. So, Miranda, if you will... Ms, Miranda Albury: Mn Mayor, Commissioners; please forgive meo I have the flu: Mayor Carollo: Well don't speak too loud, then. Ms. Albury: That's OK. Mayor Carollo: I need you to stay healthy for another week. Ms. Albury: OK. The... You were in the process of revitalizing the Overtown Shopping Center. And, at the last Commission meeting you did approve the revocable permit for the beauty salon. One of the things, the consideration that was not, was inadvertently left out, was the abatement, a six month abatement on the rent. And, we thought that that would give the businessowner an opportunity to get in working, generate some revenue. She will be putting up a... Commissioner Gort: Which, within that area they need so much of the private sector to establish themselves in there. It is a very depressed area. We need business in there. For those reasons, I move for approval. Commissioner Gibson: Second. Commissioner Gort: For the abatement. Mayor Carollo: There is a motion, there is a second. All those in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. 139 October 28, 1997 • • The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-775 A RESOLUTION AMENDING RESOLUTION NO. 97-638, ADOPTED SEPTEMBER 23, 1997, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE WITH SHAUNDA'S HAIR AND NAIL STUDIO, INC. ("LICENSEE"), FOR THE USE OF SPACE NO. 111 IN THE OVERTOWN SHOPPING CENTER, LOCATED AT 1490 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, BY INCLUDING THE PROVISION OF A SIX MONTH RENT ABATEMENT FOR SAID LICENSEE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID AMENDMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Ms. Albury: Mr. Mayor, I would like to just ask whether one other thing. That if that same computer ratio will be given to all the businesses interested in moving in the Shopping Center, in the Overtown Shopping Center. Commissioner Gort: Definitely. That Shopping Center has been empty for so many years, it's unbelievable. We need to create an incentive to rent it. Commissioner Gibson: Second. Commissioner Gort: Move it. Vice Mayor Regalado: OK, there is a motion by Commissioner Gort, second by Commissioner Gibson. All in favor signify by saying "aye" The Commission (Collectively): Aye. 140 October 28, 1997 • • The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-776 A MOTION TO GRANT A SIX MONTH RENT ABATEMENT TO ALL BUSINESSES RENTING SPACE FROM THE CITY AT THE OVERTOWN SHOPPING CENTER LOCATED AT 1390 N.W. 3 AVENUE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 50. DIRECT ADMINISTRATION TO FIND PRIVATE FUNDS TO IMPLEMENT STREET CODESIGNATION (RATCLIFFE / DOBBS / COHEN)-- SEE LABEL 52. Commissioner Gibson: I have one more cleanup item. That's on the Codesignation of streets. The Codesignation Committee met and they approved the Codesignation of three of these sites. D. H. Dobbs -- Everybody has a copy of this, I think -- Cohen and Ratcliffe. Commissioner Gort: Has this been to the committee and through the process? Commissioner Gibson: It's been through the process. The only thing they didn't is, say anything about the fees. Commissioner Gort: That's good. Mr. Jim Kay (Interim Director/Public Works): This has been through the process, the entire process. The Street Codesignation Committee has approved it. We have had the advertisements in the paper. There is only one other thing, and that is the cost consideration. The total cost to implement all of the streets is five thousand three hundred dollars ($5,300). If it is the will of this Commission, we can... Commissioner Gort: Let me ask you a question. Mr. Kay: Yes. Commissioner Gort: Why is it a cost of five thousand dollars ($5,000)? Mr. Kay: OK. First of all, each one of these streets, seven hundred dollars ($700) a piece, for ads in the paper, for advertisement. That's twenty-one hundred dollars ($2,100). The signs themselves, we have, I believe like ten signs. 141 October 28, 1997 Commissioner Gort: Doesn't the County build those? Mr. Kay: Yes, those are the County signs that they put at the intersection. Commissioner Gort: So, the County could be requested to do that? Mr. Kay: Yes, to build those. Commissioner Gort: OK. Mr. Kay: So, I just... Commissioner Gort: So, the fee to the City is twenty-one hundred dollars ($2,100)? Mr. Kay: They... That's just the advertisement... Commissioner Gort: OK, the advertising. Mr. Kay: ... that's in the paper. We have to pay that to The Miami Herald. Commissioner Gort: Right. Mr. Kay: And, then the remainder of the cost is for the signs. Commissioner Gort: OK. Unidentified Speaker: Is that paid to Dade County? Commissioner Gort: But, the signs can be a County...? Unidentified Speaker: Is that paid to Dade County? Mr. Kay: Yes, that's paid to Dade County, yes. Commissioner Gort: But, Dade County is the one that makes the sign? Mr. Kay: Yes. Commissioner Gort: OK. Mayor Carollo: OK. All right. Commissioner Gort: So, you know where to go, to get some reduction? Mayor Carollo: We will include that in the next deal with them. Commissioner Gibson: On the money... Mr. Kay: If it's... Commissioner Gort: You are asking for a motion for, not for waiving the fees. Mr. Kay: OK. 142 October 28, 1997 Mr. Edward Marquez (City Manager): No, we are not waiving any tees. Commissioner Gort: OK, the motion here is to... You see, the problem that we have, somebody has to pay the twenty-one hundred dollars ($2,100). Mayor Carollo: Yeah. And, we have a resolution that clearly states the City is not going to pay anything for any such things anymore, across the board. Commissioner Gort: So, we have got to get somebody within the private sector to pay that to the City. Mayor Carollo: What I would suggest, Commissioner, is that you sit down with the administration. And, there might be some other ways outside of the City of Miami that it might be able to be found. Commissioner Gibson: I will try that. Mayor Carollo: If not, let's bring it back and discuss it further. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 51. DIRECT ADMINISTRATION TO ASSIST MIAMI NORTHWESTERN SENIOR HIGH SCHOOL WITH REQUEST FOR FEE WAIVERS -- FOR USE OF ORANGE BOWL FOR ANNUAL SOUL BOWL '97 FOOTBALL GAME SCHEDULED FOR NOVEMBER 7, 1997. Commissioner Gibson: Along with that, I have another one, that's Miami Northwestern. Everybody wants me to clean up, as I am leaving. And, I just have two more. Miami Northwestern wants to have their Soul Bowl in the Orange Bowl this year, and there are a lot of fees that they are being asked. And, they want us to waive some of those. And, of course, I told everybody the same thing, that we are not waiving fees. But, Mr. Killings is here from Northwestern and would like to talk about that. Mayor Carollo: Sure. Commissioner Gibson: He's the principal... and is anxious to say something. Mayor Carollo: Sure. Mr. Gregory Killings: Good evening, Mayor. My name is Gregory Killings. I am the athletic director at Miami Northwestern Senior High School. At this time, the game is scheduled to be played at only holds 8,500 fans. We are expecting at least 20,000 fans this year because of the success of both football teams. At this time, Jackson Senior High School is undefeated. Miami Northwestern is undefeated in the district and has a winning record. We are concerned about safety problems at Given the anticipated crowd, we feel that the Orange Bowl is the only stadium... Mayor Carollo: Let me... Excuse me. Let me cut you off and make it short and sweet. Mr. Manager, this is one that does fall into our guidelines. If we can have Christina Abrams go over 143 October 28, 1997 • • this and have the City administration bend backwards in order to facilitate this game. I just want to make sure that we are not going to lose any dollars here. But, I think we can go a long way in helping them within the scope of our parameters. The request they are making, I think is a fairly reasonable request. I mean, this is not a professional football team. This is a high school. We should be proud that they want to play it in the City of Miami, in the Orange Bowl, not somewhere else in North Dade. Mr. Edward Marquez (City Manager): We would like to accommodate them and perhaps we can seek... go and ask the School Board for some assistance in this matter as well. Mayor Carollo: Well, that's fine. But, I want to make sure that... Mr. Marquez: No, absolutely. Mayor Carollo: ... we are fully committed in helping them out here. Mr. Killings: I appreciate it, Mr. Mayor. Mayor Carollo: So, if I can make a motion that Commissioner Gibson is going to second. That, we instruct the administration to accommodate the request that has been made here. Mr. Marquez: OK. Vice Mayor Regalado: OK, there is a motion by Mayor Carollo, second by Commissioner Gibson. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mr. Killings: Thank you, very much. Mayor Carollo: Thank you. The following motion was introduced by Mayor Carollo, who moved its adoption: MOTION NO. 97-777 A MOTION DIRECTING THE ADMINISTRATION TO ASSIST REPRESENTATIVES) FROM MIAMI NORTHWESTERN SENIOR HIGH SCHOOL IN ORDER TO ACCOMMODATE ITS REQUEST FOR WAIVER OF FEES FOR USE OF THE ORANGE BOWL IN CONNECTION WITH THE ANNUAL SOUL BOWL FOOTBALL GAME ON NOVEMBER 7, 1997. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Anderson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J. L. Plummer, Jr. 144 October 28, 1997 ---------------------------------------------------------------------------------------------------------------- 52. (A)APPROVE STREET CODESIGNATION OF N.W. 10 AVENUE FROM 67 STREET TO N.W. 71 STREET TO "IDA T. RATCLIFFE AVENUE". (B)APPROVE STREET CODESIGNATION OF N.W. 71 STREET FROM N.W. 7 AVENUE TO N.W. 12 AVENUE TO "D. H. BOBBS STREET". (C)APPROVE STREET CODESIGNATION OF N.W. 67 STREET FROM N.W. 10 AVENUE TO N.W. 12 AVENUE TO "SAMUEL O. COHEN".-- SEE LABEL 50. Commissioner Gibson: I have to go back to the Codesignation of the streets. I have to have a resolution on all three. The attorney just brought this to me. Thank you, very much for that, Mr. Mayor. Mayor Carollo: Surely. Commissioner Gibson: A resolution for codesignating Northwest 10th Avenue from Northwest 67th Street to Northwest 71st Street, Miami, Florida, as Ida T. Ratcliffe Avenue. Further directing the City Manager to instruct the Director of Public Works to transmit a copy of this resolution to the herein designated offices. I move this resolution. You want me to do all three of them? Mr. Jim Kay (Interim Director/Public Works): That was all three of them. That cost... Uh-huh. Commissioner Gibson: OK, the other one. He said, I had to read them all. A resolution codesignating Northwest 71st Street from Northwest 7th Avenue to Northwest 12th Avenue, Miami, Florida, as D. H. Dobbs Street. Further directing the City Manager to instruct the Director of Public Works to transmit a copy of this resolution to the herein designated offices. And, a resolution codesignating Northwest 67th Street from Northwest 10th Avenue to Northwest 12th Avenue as Samuel O. Cohen Street. Commissioner Gort: I have been informed by the attorneys that we have to do them one at a time. Will you do the first one and I'll go ahead and second it? Commissioner Gibson: Oh, I move the first... Commissioner Gort: The first one is being... Commissioner Gibson: I move number... Commissioner Gort: Second. Mayor Carollo: Moved and second. There are no "nays." The Commission (Collectively): Aye. Mayor Carollo: Passed unanimously. 145 October 28, 1997 11 0 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 97-778 A RESOLUTION CODESIGNATING NORTHWEST 10TH AVENUE, FROM NORTHWEST 67TH STREET TO NORTHWEST 71ST STREET, MIAMI, FLORIDA, AS "IDA T. RATCLIFFE AVENUE"; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Mayor Carollo: Second one. Commissioner Gibson: I move the Dobbs Street naming. Commissioner Gort: Move it. Mayor Carollo: It's been moved and second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. 146 October 28, 1997 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 97-779 A RESOLUTION CODESIGNATING NORTHWEST 71ST STREET, FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "D.H. DOBBSP STREET", DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Commissioner Gibson: I move the Samuel O. Cohen Street. Commissioner Gort: Move it. Mayor Carollo: It's been moved and second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It again passes unanimously. Commissioner Gibson: Thank you. Mayor Carollo: Surely. 147 October 28, 1997 • • The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 97-780 A RESOLUTION CODESIGNATING NORTHWEST 67TH STREET, FROM NORTHWEST LOTH AVENUE TO NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "SAMUEL O. COHEN STREET", DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 53. ALLOCATE $25,000 GRANT TO ATHALIE RANGE FOUNDATION FROM LAW ENFORCEMENT TRUST FUND. Commissioner Gibson: And, then I have one that I am asked to do for the Athalie Range Foundation. They have a scholarship fund. They had a great gala on Sunday evening, and we are asking the COP (Community Oriented Policing Services) who really support this to have students identified by the foundation for twenty-five thousand dollars ($25,000) grant... Mayor Carollo: This is the... Commissioner Gibson: ... to the Athalie Range Foundation. Mayor Carollo: Is this from the LETF (Law Enforcement Trust Fund) grants? Unidentified Speaker: Yes, sir. Mayor Carollo: OK, all right. OK, there is a motion by Commissioner Gibson. Commissioner Gort: Second. Mayor Carollo: OK, there is a motion by Commissioner Gibson, second by Commissioner Gort. Any further discussion from the Commission? Anyone from the public that would like to address this body on this matter? Hearing none, all in favor signify by saying "aye." 148 October 28, 1997 The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." It passes unanimously. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 97-781 A RESOLUTION APPROVING THE FUNDING OF THE M. ATHALIE RANGE CULTURAL ARTS FOUNDATUIB, INC., IN THE AMOUNT OF $25,000 FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITYRE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF TREASURY'S "GUIDE TO EQUITBALE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J. L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 54. DISCUSS / CONTINUE TO COMMISSION MEETING OF NOVEMBER 25, 1997 REQUEST FROM CATHOLIC COMMUNITY SERVICES REGARDING RENTAL FEE AT MANUEL ARTIME CENTER -- FURTHER INSTRUCTING ADMINISTRATION TO ALLOW GROUP TO REMAIN AT ARTIME CENTER. Mayor Carollo: Any other items from the Commission? Vice Mayor Regalado: Yeah, I have a pocket. Commissioner Gort: Five year plan. Commissioner Gibson: Just one more that... It's the Manager's item, isn't it? On Collie Coats on the... Mr. Edward Marquez (City Manager): The Coconut Grove... The administration has one pocket item and the five year plan left to do. Mayor Carollo: OK, but let's finish with the Commission and, then, let's go to the administration. 149 October 28, 1997 Vice Mayor Regalado: I have a pocket item here regarding the Catholic Community Services - Artime Center. They can't pay what we requested so, we are proposing to charge them one hundred and fifty thousand dollars ($150,000) first month to maintain that office in the Artime Center. Mr. Robert J. Nachlinger (Assistant City Manager): Commissioner, we would... We don't know if one hundred and fifty a month actually covers our cost for the maintenance. We are more than willing to sit down and work out some adjustment to the four hundred and seventy-five dollar ($475) a month proposed rental fee. And, also would like to sit down and go through our block grant funding to see if there is funds available there to pay that rental. Mayor Carollo: OK. Can we instruct the administration then, to come back and look at the proposal and tell us what would be a reasonable amount? Vice Mayor Regalado: As long as they are not evicted, and they can function. Mayor Carollo: Yeah, not until they bring it back to us. Mr. Nachlinger: We will be back on November 25th. Mayor Carollo: Very good. Vice Mayor Regalado: But, think about this. Bob, think about this. You are going to talk to them, but they need to be told that they can function and that they do not have to adjust their budget during the month of October and November to the actual rate. Mr. Nachlinger: I will give them a call and assure them that until November 25th, they are fine. Vice Mayor Regalado: OK, That's fine with me. END OF DISCUSSION -- NO ACTION TAKEN 55. DIRECT CITY MANAGER AND CITY ATTORNEY TO APPRISE CLARK COOK OF NEED TO ALLOW REPRESENTATIVES FROM U.N.I.T.E. (UNION OF NEEDLETRADES, INDUSTRIAL AND TEXTILE EMPLOYEES)TO MEET WITH OFF-STREET PARKING EMPLOYEES. Mayor Carollo: All right. Commissioner Gort, do you have anything? Commissioner Gort: Yes, I have one which is a pocket item. It's the issue involving the Union of the Needletrades Industrial and Textile Employees better known as UNITE. And, I think Tony Rodriguez can address that. Mr. Michael Ozegovich: Thank you, Commissioner, Mr. Mayor, I appreciate the opportunity to come before you. We wanted to revisit the Commission meeting on June the 9th, when we came before you about certain concerns of City funding being used to... in an anti -union campaign where employees had enough cause to go for an election in the parking system unit. The concern we had at that time, was the concern of the entire community, that while we were supposed to be on a steady budget and we were all chipping in, including the unions in this 150 October 28, 1997 community, to try and get through this crisis, we found that funds were being utilized to basically terrorize the employees. And, while we were here, we saw that the Commission had to vote, belatedly to get the funding to support those lawfirms that were doing the anti -union campaign within that group. I think that the amount was around fifteen thousand dollars ($15,000) that was allocated after the fact in order to take care of that situation because those funds were used without the Commission's permission. What we are coming to you today about is, that we thought that those funds were going to be used to pay that law firm for what they had already done. Our understanding is, that they have been coming in every day and meeting with the employees, and in a captive audience situation where they have basically intimidated the employees, made comments about the union being in a mafia, OK? Mayor Carollo: OK, Commissioner, what motion would you like to present in this? Mr. Ozegovich: What we are asking,,, Commissioner Gort: I was requested by the Fire Fighters Union to listen to them. I don't think we can take a motion here. My understanding was, that they want us to call Clark Cook and talk to Clark Cook and tell him that the people want to vote and to let them vote on it. But, you know... Mayor Carollo: Well, you all can call Clark Cook. The only time that I want to call Clark Cook up is when I tell him that we have a check in hand to pay up the bonds and we are taking over our City agency so that we could make millions for the City of Miami, not for them. So, if there is anything else that you would like to say, we would be happy to hear you. Mr. Ozegovich: Yes, sir. We... Mayor Carollo: If there is any action that you want us to take, that we could take, we would be happy to make the motion. Mr. Ozegovich: Yes, sir, we do. Mayor Carollo: But, I think you know where we are coming from. Mr. Ozegovich: It doesn't take a motion, sir. What we are basically asking for is equal treatment. They had a captive audience for weeks. We are asking for... Mayor Carollo: Mr. Manager, can you and the City Attorney, both, give Mr. Cook a call. Explain to him the allegations that we have received and put him on notice that the City of Miami will not stand for that. Mr. Marquez: It will be done first thing tomorrow morning. Mr. Ozegovich: We would like an opportunity to have the same opportunity that they presented to that law firm that has been utilized by the City of Miami to set your labor relations standards. That these are the people who are doing this. And, that we would like the same opportunity to go to those employees that they used in a captive audience situation to explain our side of the issue. Commisisoner Gort: I think you should be going to the Chairperson of the Board. Mayor Carollo: Oh, absolutely. Commissioner Gort: Yeah, yeah. 151 October 28, 1997 Mayor Carollo: And, if you could also address the second issue that he's brought up. They should have that right. Mr. Ozegovich: That's all we are asking. Thank you, very much, sir. Commissioner Gort: OK. Mayor Carollo: Thank you, sir. Mr. Ozegovich: Thank you. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 56. APPROVE REIMBURSEMENT OF ATTORNEYS FEES SUBJECT TO PROPER DOCUMENTATION -- FOR OUTSIDE COUNSEL DEFENSE OF TWO POLICE OFFICERS (AGUILAR AND AGUERO). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK, Mr. City Attorney. Mr. A. Quinn Jones, III, Esq. (City Attorney): One item which is the reimbursement of attorneys fees for two named -police officers who defended successfully against criminal charges. And, in accordance with the procedure that was adopted by this Commission, the attorney was one that was on the list approved by the FOP (Fraternal Order of Police) in the City. I have met or should I say, I have talked to Mr. Cohen about the cases, we are basically in agreement with the amounts for Mr. Aguilar which is one hundred thirty thousand dollars ($130,000) for the federal case and approximately fifty thousand dollars ($50,000) for the state case. And, there is some documentation that, of course, I need for certain expenses. The other matter apparently for Jesus Aguero, who was represented by, is it Rainer or Ryner E. McWilliams, who apparently now is deceased. We have to come to some... The fee that's being claimed there is fifty thousand dollars ($50,000). What I told Mr. Cohen is, that as long as we could come up with documentation for that, I would ask the Commission to approve it subject to his providing proper documentation for that fee. Vice Mayor Regalado: OK. I'll present the motion to approve it. Mayor Carollo: There is a motion for approval, is there a second? Commissioner Gort: Second. My understanding is... Second. We went through the whole procedure that we established before. OK? Mr. Jones: That's correct. Commissioner Gort: I don't know, I might have a question about Aguilar's... Mayor Carollo: You have stated, Mr. City Attorney, that the... Commissioner Gort: I don't know, I have got to check that one out. Mayor Carollo: You have stated these have been attorneys that have been approved by this City, prior to them hiring them. 152 October 28, 1997 Mr. Jones: And the FOP (Fraternal Order of Police). That was the agreement that there would be an approved list. Mayor Carollo: And the FOP. At the same time, this is part of what state law requires. Mr. Jones: Well, yes, it is. We... Ron and I had some disagreement as to whether the Statute is really discreationary on the City's part. But, to answer your question, yeah. The City... The Statute provides for reimbursement if the Commission wishes to do that. Mayor Carollo: OK. Are there any further requests from the Commission? Vice Mayor Regalado: No. Mayor Carollo: OK. Hearing none, is there a motion? Vice Mayor Regalado: Yes, I have a motion. Commissioner Gort: Second. Mayor Carollo: OK. There is a motion by the Vice Mayor, second by Commissioner Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously with no "nays." Unidentified Speaker: Thank you, very much, Comissioners. The following resolutions were introduced by Vice Mayor Regalado, who moved its adoption: RESOLUTION NO. 97-782 A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 153 October 28, 1997 RESOLUTION NO. 97-782.1 A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolutions were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 57. EMERGENCY ORDINANCE: AMEND SECTION 53-152 OF CODE "RATES AND CHARGES" TO REDUCE USER FEES OF COCONUT GROVE EXHIBITION CENTER FOR NON-PROFIT GROUPS. Mayor Carollo: What else do we have? Commissioner Gibson: Mr. Manager, are you going to bring this up on... Commissioner Gort: Five year plan. Mayor Carollo: Yeah, I am sorry, I am still on... Commissioner Gibson: Oh. Are you bringing this up? Mayor Carollo: Yeah, I am, you know... Commissioner Gort: Which one, the 5 year plan. Mayor Carollo: I am not trying to put you off. Just give me ten more minutes because I will be finished with that, OK? Thanks. 154 October 28, 1997 Lourdes Slazyki ( ): No, this is a resolution regarding a waiver of fees. A proposed rate reduction of non-profit organizations. We just got this, and the Manager was supposed to bring it up, I thought. Mayor Carollo: Yeah, that's... Mr. A. Quinn Jones, III, Esq. (City Attorney): Here, let me... You want me to... Essentially, it was going to be presented as an ordinance for two readings, but given the fact that the Manager expressed that he needs it on an emergency basis... Mayor Carollo: Yeah. Mr. Jones: I can read it modified as an emergency ordinance. Mayor Carollo: All right, that's fine. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORDS] An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 53-152 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "RATES AND CHARGES", PERTAINING TO USER FEES FOR NON-PROFIT ORGANIZATIONS AT THE COCONUT GROVE CONVENTION CENTER THEREBY CHARGING FEES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gibson and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. 155 October 28, 1997 Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: ABSENT: None. Commissioner J.L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11571. 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. Commissioner Gort: I would like, if possible, I know there is a non-profit having an event that is going to take place in the Grove if we can make it retroactive to be... Commissioner Gibson: October 1st, I think it is. Commisisoner Gort: Yes. Mr. Jones: Yes, let's make the notation, make it retroactive to what now? October... Commissioner Gibson: I think it is October 1st. Commissioner Gort: 31st. October 1st, is the Hispanics, the... Mr. Edward Marquez (City Manager): What is the purpose of the emergency? Commissioner Gort: ... division, that they are going to have the groups represented by Aida Levitan? Mr. Marquez: That's why we are asking.... Commissioner Gibson: Aida Levitan, yes. Commissioner Gort: OK. Mr. Maquez: That's why we are asking you this, as an emergency ordinance. Commissioner Gort: All right. Commissioner Gibson: Yeah. I move it. Commissioner Gort: Wait. Second. Commissioner Gibson: Oh, you have got to read it. You read it. Mr. Jones: We need four -fifths vote. Mr. Walter J. Foeman (City Clerk): The Mayor has indicated he's right outside the door. 156 October 28, 1997 Commissioner Gort: I think someone wants to speak in the audience. Commissioner Gibson: Do you want to speak, sir? Mr. Collie Coats: Yes. Vice Mayor Regalado: Go ahead, sir. Mr. Coats: My name is Collie Coats, and I am from the Coconut Grove CARES. And, we are the organization that put on the antique and jewelry show at the Coconut Grove Exhibition Center every month. We are nonprofit. And, I just want you to know that all our proceeds from the show, and we have been there since 1976... Commissioner Gort: Are you for it? Mr. Coats: ... go to... Commissioner Gort: Are you in favor of it? Mr. Coats: Yes, I am. Vice Mayor Regalado: We are ready to vote. Mr. Coats: Vote. Commissioner Gort: Quit while you are ahead. Vice Mayor Regalado: Go ahead and read the ordinance, Mr: City Attorney. Mr. Jones: I have read the ordinance. Commissioner Gort: He read the ordinance... Mr. Jones: It just needs a... Yeah. Vice Mayor Regalado: You did? Mr. Jones: We need four -fifths. Yes, I did. Commissioner Gort: He's right there. You can call the roll. Vice Mayor Regalado: Yeah, he's there, he's there. Mr. Jones: OK, I have read the ordinance. Commissioner Gort: He read the ordinance. [phonetic] Mr. Jones: Yeah. Mr. Walter J. Foeman (City Clerk): OK. I need a seconder. Commissioner Gibson: I second it. 157 October 28, 1997 • Mr. Foeman: OK. Roll call. ---------------------------------------------------------------------------------------------------------------- 58. APPROVE REVISED CITY'S FIVE-YEAR FINANCIAL PLAN FOR FISCAL YEAR 1998 THROUGH 2O02. Mayor Carollo: OK, what else do you have, Mr. Manager. Mr. Edward Marquez (City Manager): Mr. Mayor, I have the five-year plan, the revised 5-year plan for consideration. Mayor Carollo: OK. All right, anything particularly you need to go over with us, or? Mr. Marquez: Just for the record. The financial plan incorporates the '98 budget and it focuses on the managerial improvements going forward. Mayor Carollo: Very good. Is there a motion? Commissioner Gort: Mr. Mayor, I will make the motion. I read part of the plan. My understanding is, any decision that has to be made will have to come back to us. For this reason, I move it. Mayor Carollo: That's correct. It's moved by Commissioner Gort. Vice Mayor Regalado: Second. Mayor Carollo: Second by Vice Mayor Regalado. All in favor signify by saying "aye." The Commission (Collectively): Aye. 158 October 28, 1997 • Ll The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-783 A RESOLUTION WITH ATTACHMENT(S), APPROVING AND ADOPTING A REVISED "CITY OF MIAMI FIVE YEAR PLAN" FOR FISCAL YEAR 1998, THROUGH AND INCLUDING FISCAL YEAR 2002, ATTACHED HERETO AND MADE A PART HEREOF, AS REQUIRED BY THE INTERGOVERNMENTAL COOPERATION AGREEMENT ("ICA"), DATED DECEMBER 23, 1996, BY AND AMONG THE GOVERNOR OF THE STATE OF FLORIDA, THE FINANCIAL EMERGENCY OVERSIGHT BOARD AND 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 Vice Mayor Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Thelma V. A. Gibson Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. ---------------------------------------------------------------------------------------------------------------- 59. COMMENTS FROM CITY ATTORNEY REGARDING HIS REQUEST FOR FLORIDA BAR ASSOCIATION OPINION SEEKING TO PROTECT CONFIDENTIALITY OF SETTLEMENTS ABOVE $4,500 FROM OVERSIGHT BOARD. Mr. Jones: Mr. Mayor, if I could, just to let you and the Commission know, because you probably may see it in an article. I think I discussed it with you briefly. As you know, we have been... at least, my office has been embroiled with the Oversight Board Contract Committee about reviewing settlements over forty-five hundred dollars ($4,500). And, what I have done, which I think is ethically correct, is requested an opinion from the Florida Bar, because I think there is a confidentiality breeech there, if I were to let these files be reviewed. They will become part of the public domain which would, one, expose strategy, mental impressions and the like. More importantly, secondly, you have not as a Commission and as the client consented to release of any information related to any litigation. Mayor Carollo: We understand. That's fine. We have no problem with that. END OF DISCUSSION -- NO ACTION TAKEN 159 October 28, 1997 ---------------------------------------------------------------------------------------------------------------- 60. COMMISSIONER GORT ACKNOWLEDGES / THANKS COMMISSIONER GIBSON FOR INTERIM SERVICE IN CITY COMMISSION -- SEE LABEL 23. Mayor Carollo: Any further matters that need to be brought up before this body? Commissioner Gort: Mr. Mayor, before we close, I would like to thank Commissioner Gibson for the work she's done. She's represented this community very well. And, on my behalf, I would like to thank you, and it's been a great pleasure working with you. Mayor Carollo: And, she sure has. Commissioner Gibson: Thank you. Mayor Carollo: Well, she's going to be around for one more meeting as a Commissioner. The one that she is going to open up when I get sworn in on the 5th again. So, Commissioner Gibson will be here, again. She will open up that meeting. Thank you, Commissioner. Vice Mayor Regalado: Thank you. Commissioner Gibson: Thank you. Commissioner Gort: Good night, all. Mayor Carollo: OK, this meeting is now adjourned. Thank you. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:31 P.M. JOE CAROLLO MAYOR Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK �fl 96 0 160 October 28, 1997