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Home My WebLink AboutCC 1996-06-27 Minutes•. G c _ 0.0 PREPARED #Y. ra,E .OFFICE OF THE CITY CLERK CITY HALL WALTER J. FOEMAN CITY CLERK INDEX MINUTES OF REGULAR MEETING June 27, 1996 ITEM SUBJECT LEGISLATION PAGE NO NO. DEFER TO SEPTEMBER 26, 1996, CONSIDERATION OF (PROPOSED FIRST READING ORDINANCE TO AMEND FUTURE LAND USE ELEMENT OF COMPREHENSIVE PLAN, TO CHANGE LAND USE DESIGNATION OF PROPERTY LOCATED AT 3240 FLORIDA AVENUE, FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL AND PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000, TO CHANGE THE ZONING ATLAS FOR PROPERTY LOCATED AT 3240 FLORIDA AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. See label 4. [Applicant: Thomas Sherman, Esq. for Farmer's Market]. 2. DEFER CONSIDERATION TO SEPTEMBER 26, 1996, OF APPEAL OF ZONING BOARD DECISION OF APRIL 22, 1996, WHICH DENIED VARIANCES FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT TWO STRUCTURES ALONG S.W. 4TH AVENUE WITH PROPOSED SETBACKS OF 5'-8" AND 3'-8111 TO ADD A GARAGE AND A PORTE-COCHERE TO EXISTING SINGLE FAMILY RESIDENCE). [Applicant: Lazaro and Maria A1bo] -- SEE LABEL 5. M 96-454 6/27/96 M 96-455 6/27/96 2-5 5-6 3. 4. N DEFER CONSIDERATION TO SEPTEMBER 26, 1996 OF APPEAL OF THE ZONING BOARD'S DECISION OF APRIL 22, 1996, WHICH DENIED A VARIANCE FROM ORDINANCE 11000, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES TO PERMIT STRUCTURE WITH HEIGHT OF 29'-8111 [25'-0 MAXIMUM ALLOWED]; ZONED R-1 SINGLE FAMILY RESIDENTIAL, FOR -PROPERTY LOCATED AT 1840 SOUTH BAYSHORE LANE. [Applicant: Robert Tenzer] --SEE LABEL 6. (CONTINUED) -- RECONSIDER -- DEFER CONSIDERATION OF PROPOSED AMENDMENT OF COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATION OF PROPERTY (3240 FLORIDA AVENUE) FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL AND PROPOSED AMENDMENT TO ZONING ATLAS FROM SINGLE FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT -- TO SECOND COMMISSION MEETING IN NOVEMBER 19961 AT 6 P.M. [Applicant: Thomas Sherman for Farmers Market]. (CONTINUED) -- RECONSIDER/DEFER CONSIDERATION OF APPEAL OF ZONING BOARD'S DECISION WHICH DENIED VARIANCES TO PERMIT TWO STRUCTURES ALONG S.W. 4 AVENUE WITH SETBACKS OF 5'8" AND 3'81', TO ADD GARAGE AND PORTE- COCHERE -- TO SECOND COMMISSION MEETING IN NOVEMBER 1996. [Applicant: Lazaro and Maria Albo]. M 96-456 7-9 6/27/96 M 96-457 9-14 M 96-458 6/27/96 M 96-459 14-15 6/27/96 6. (CONTINUED) -- RECONSIDER/DEFER M 96-460 15-16 CONSIDERATION OF APPEAL OF ZONING 6/27/96 BOARD DECISION DENYING VARIANCE FROM ORDINANCE 11000 TO PERMIT STRUCTURE EXCEEDING HEIGHT LIMITATION FOR PROPERTY (1840 SOUTH BAYSHORE LANE) TO SECOND COMMISSION MEETING IN NOVEMBER 1996. [Applicant: Robert Tenzer]. 7. REMAND TO PLANNING ADVISORY BOARD M 96-461 17-18 PROPOSED FIRST READING ORDINANCE 6/27/96 TO AMEND ORDINANCE 11000 TO PROVIDE FOR DEVELOPMENT BONUSES FOR SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT IN CONNECTION WITH PORTION OF DISTRICT BOUNDED i BY MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY STREET AND GRAND I+ AVENUE (MUTINY HOTEL SITE). [Applicant: McDonald's Corporation]. 8. (A) SUPERSEDE 95-832--APPROVE R 96-462 18-46 WITH AMENDMENTS REVISED R 96-463 INTERLOCAL LAND LEASE AGREEMENT 6/27/96 WITH METROPOLITAN DADE COUNTY FOR DEVELOPMENT OF MARITIME PARK PROJECT. (B) APPROVE EXECUTION OF ASSURANCE AGREEMENT WITH METROPOLITAN DADE COUNTY, MIAMI HEAT LIMITED PARTNERSHIP AND BASKETBALL PROPERTIES, LTD. IN CONNECTION WITH DEVELOPMENT OF ARENA IN MARITIME PARK PROJECT. 9. AUTHORIZE CITY ATTORNEY TO HIRE R 96-464 47-48 OUTSIDE COUNSEL THOMAS SCOTT--NOT 6/27/96 TO EXCEED $25,000 -- MIAMI SPORTS AND EXHIBITION AUTHORITY LAWSUIT. 10. CONSENT AGENDA DISCUSSION 48-51 6/27/96 10.1 AUTHORIZE MANAGER TO EXECUTE R 96-465 52 AGREEMENT WITH JUAN M. DIAZ--FOR 6/27/96 PROFESSIONAL GEOGRAPHIC DATABASE SERVICES --ALLOCATE FUNDS ($9,000) d 12. EXPRESS APPROVAL OF APPLICATION R 96-466 FOR TWO-DAY STATE LIQUOR PERMIT 6/27/96 BY FLORIDA INTERNATIONAL RESTAURANT AND HOTEL EXPO, INC.-- FOR DISPLAY AND CONSUMPTION AT COCONUT GROVE CONVENTION CENTER (JULY 27-28, 1996)—COMMISSIONER PLUMMER REQUESTS ADMINISTRATION TO ENSURE APPLICANT KNOWS BUSINESS LICENSE MUST BE OBTAINED WITH THE STATE OF FLORIDA ACCEPT PLAT: ENTITLED MIDDLE R 96-467 GROUND SUBDIVISION. 6/27/96 ACCEPT PLAT: ENTITLED REVISED R 96-468 PLAT OF BLUDWORTH SUBDIVISION. 6/27/96 DEFER PROPOSED RESOLUTION M 96-469 ALLOCATING $1,067,000 OF 22ND 6/27/96 YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR HOUSING, PUBLIC FACILITIES/IMPROVEMENT PROJECTS. DEFER CONSIDERATION OF PROPOSED RESOLUTION NOMINATING FIVE INDIVIDUALS PER NEIGHBORHOOD, TO REPRESENT ALLAPATTAH, LITTLE HAVANA, MODEL CITY, OVERTOWN AND WYNWOOD ON FEDERAL ENTERPRISE COMMUNITY COUNCIL. 13. SUPPORT INCLUSION OF MIAMI'S SPECIFIC PROJECT PROPOSALS WITHIN DADS COUNTY PARKS, RECREATION, } BEACHES, AND YOUTH FACILITIES i MEASURE OF 1996--(SAFE NEIGHBORHOOD ACT) -- $200,000,000 BOND - COUNTY REFERENDUM. 14. DISCUSS/DEFER CONSIDERATION TO AUTHORIZE CITY TO ENTER INTO FINANCIAL AGREEMENTS WITH RESPECT TO MUNICIPAL SECURITIES -- REFINANCING PENSION BONDS --SEE LABEL 19. j 15. WITHDRAWN -- COMMISSION NEGATES ACTION WHICH WOULD GRANT BLANKET APPROVAL TO ISSUE NON -AD VALOREM i OBLIGATIONS. M 96-470 6/27/96 R 96-471 6/27/96 DISCUSSION 6/27/96 DISCUSSION 6/27/96 52 53 53 53-55 55-56 56-63 63-71 72 16. DONATE SURPLUS CAR TO DE HOSTOS R 96-472 73-74 SENIOR CENTER, INC. --FOR 6/27/96 FOOD/TRANSPORTATION/OTHER SOCIAL SERVICES -- FOR FAMILIES IN NEED IN WYNWOOD. 17. RESCIND 96-306--SUBSTITUTE NUNC R 96-473 74-76 PRO TUNC -- APPROVE CITY 6/27/96 ATTORNEY'S INCREASED COMPENSATION (TO $175.00 PER HOUR) FOR LAW FIRMS REPRESENTING CITY/COMMISSIONERS --REGARDING PROPERTY AT 3471 MAIN HIGHWAY (COMMODORE BAY) --ALLOCATE FUNDS j ($35,000) -- AUTHORIZE CITY ATTORNEY/SPECIAL COUNSEL TO 1 PROCEED WITH KENNETH TREISTER, GERALD KATCHER AND HOWARD SCHARLIN VS. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA LITIGATION (CASE NO. 96-1730). 18. (A) AUTHORIZE ADDENDUM --REQUEST R 96-474 77-86 FOR PROPOSAL FOR DINNER KEY 6/27/96 WATERFRONT REDEVELOPMENT PROJECT (BOAT YARD) -- ALLOW FOR FILM/MULTIMEDIA PRODUCTION FACILITY AS ACCESSORY USE. B. DIRECT ADMINISTRATION TO ENSURE HIRING LOCAL LABOR WHEN FILMING MOVIE ENTITLED: "SPEED 19. (CONTINUED) --AUTHORIZE CITY TO R 96-475 86-87 ENTER INTO FINANCIAL AGREEMENTS 6/27/96 WITH RESPECT TO MUNICIPAL SECURITIES, WITH STIPULATIONS -- SEE LABEL 14. 20. PERSONAL APPEARANCE: ALBERT R. DISCUSSION 88-91 VALDEZ, CONCERNING ORDINANCE 6/27/96 ARTICLE 9, SECTION 920.2.2 -- BOATS IN FRONT YARD AND/OR RECREATIONAL VEHICLES. 21. DISCUSSION CONCERNING NEED TO DISCUSSION 91 f- REPAIR (GROOVE) SEMINOLES DOCKS. 6/27/96 ' 22. DISCUSSION CONCERNING NEED TO DISCUSSION 91-92 REPAIR (GROOVE) SEMINOLES DOCKS. 6/27/96 23. DEFER CONSIDERATION APPEAL OF M 96-476 92-94 f ZONING BOARD'S DECISION TO PERMIT 6/27/96 A CONVERSION OF A 16-UNIT APARTMENT BUILDING TO A ROOMING / LODGING HOUSE CONTAINING 16 LODGING UNITS AT 3201 AVIATION AVENUE) TO SECOND COMMISSION MEETING IN NOVEMBER 1996 [Applicant: Daniel and Brigitte Kavanaugh -- SEE LABEL 26. 24. EMERGENCY ORDINANCE: AMEND CODE EMERGENCY 94-95 TO PROVIDE THAT ALL MEMBERS OF ORDINANCE CITY BOARDS SERVE FOR ONE (1) 11373 YEAR OR UNTIL NOMINATING 6/27/96 COMMISSIONER LEAVES OFFICE --AMEND SECTIONS 2-238, 2-276, 2-422, 2- 429, 14-26, 14-27, 29-63, 35-193, 38-73, 45.5-2, 52.6-3, 54-94, 54- 172, 62-47, 62-71, 62-78 AND 62- 84. SEE LABEL 22. 25. REMAND TO ZONING AND HISTORIC M 96-477 96-97 PRESERVATION BOARDS TO AMEND 6/27/96 APPLICATION OF PROPOSED ORDINANCE TO AMEND ORDINANCE 11000, FROM R- 1 SINGLE-FAMILY RESIDENTIAL TO R- 1 SINGLE-FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY, TO CHANGE THE ZONING ATLAS FOR PROPERTY AT 2521 SOUTH BAYSHORE DRIVE, TRAPP HOUSE. [Applicant: Marshall Connally, Trustee for Florence Connally] 26. (A) (CONTINUED) RECONSIDER APPEAL M 96-478 OF ZONING BOARD'S DECISION OF MAY M 96-479 6, 1996, WHICH GRANTED A SPECIAL 6/27/96 EXCEPTION AS LISTED IN ORDINANCE I 11000 TO PERMIT A CONVERSION WITH CONDITIONS, FROM 16 UNIT APARTMENT BUILDING, ROOMING/LODGING HOUSE WITH 16 LODGING UNITS, FOR PROPERTY AT 3201 AVIATION AVENUE-- [Applicant: Daniel and Brigette Kavanugh] SEE LABEL 23 j (B) CONTINUE TO NOVEMBER 28, 1996 i AGENDA ITEM PZ-6, WHICH TITLE WAS STATED ABOVE 98-101 (A) DIRECT ADMINISTRATION TO CONDUCT A WORKSHOP WITH RESIDENTS, CITY OFFICIALS (INCLUDING MIAMI POLICE DEPARTMENT) AND STAFF AT A TIME CONVENIENT TO THE NEIGHBORS, IN ORDER TO DISCUSS TRAFFIC PROBLEMS THAT MAY ARISE FROM POSSIBLE CITY COMMISSION ACTION GRANTING SPECIAL EXCEPTION FOR DRIVE - THROUGH FOR FINANCIAL INSTITUTION LOCATED AT 2200 SOUTH DIXIE HIGHWAY; FURTHER CONTINUING SAID REQUEST TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996. (B) DIRECT CITY CLERK TO ADD "SO HELP YOU GOD" TO OATH ADMINISTERED TO PUBLIC DURING CITY COMMISSION MEETINGS ON PLANNING AND ZONING ISSUES. (C) DIRECT ADMINISTRATION TO PROVIDE POLICE REPORT CONCERNING TRAFFIC ACCIDENTS THAT HAVE OCCURRED AT INTERSECTION OF S.W. 22ND AVENUE AND SOUTH DIXIE HIGHWAY. (D) CONTINUE AGENDA ITEM PZ-3 (REQUEST FOR SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL FOR A DRIVE -THROUGH WITH A REDUCTION OF REQUIRED RESERVOIR SPACES FOR A FINANCIAL INSTITUTION LOCATED AT 2200 SOUTH DIXIE HIGHWAY) TO MEETING OF JULY 25, 1996. [Applicant: Tri-W Investment, J.P. O'Neill for Bank Atlantic] M 96-480 102-113 M 96-480.1 6/27/96 28. (A) REINSTATE APPEALS IN CONNECTION WITH CARRFOUR CORP. REGARDING RIVERMONT HOUSE SPECIAL HOUSIG PROJECT AT 789 N.W. 13 AVENUE. (B) ACCEPT CARRFOUR CORPORATION'S PROFFER OF COMMITMENTS TO NEIGHBORHOOD (N.W. 12TH AVENUE TO 17TH AVENUE FROM N.W. 7TH TO THE MIAMI RIVER) --APPROVE ALLOCATION OF $500,000 FROM CDBG FUNDING FOR IMPROVEMENTS TO ROBERT KING HIGH TOWER --AUTHORIZE MANAGER TO RELEASE $50,000 (CDBG FUNDING) PREVIOUSLY APPROVED --ALLOCATE TO CARRFOUR FOR AIR CONDITIONERS. (C) DIRECT ADMINISTRATION TO PROVIDE PROGRESS REPORT ON LIGHTS AT ROBERT KING HIGH TOWER. (D) REVERSE ZONING BOARD'S DECISION IN CONNECTION WITH CARRFOR CORP. RIVERMONT HOUSE HOUSING PROJECT AT 789 N.W. 13 AVENUE. ell) R 96-481 R 96-482 R 96-483 6/27/96 29. GRANT SPECIAL EXCEPTION FOR 12 R 96-484 MONTHS WITH CONDITIONS FOR DRIVE- 6/27/96 THROUGH FOR FINANCIAL INSTITUTION AT 3650 S.W. 8 STREET. [Applicant: Felipe Valls for Gogaco, Inc.] 30. WAIVE FIVE YEAR RENEWAL REQUIREMENT FOR SPECIAL EXCEPTION ALLOWING AN EXISTING RESTAURANT DRIVE -THROUGH GRANTED BY RESQLUTION 91-176 FOR PROPERTY LOCATED AT 1400 S.W. 8TH STREET. [Applicant: McDonald's Corporation] 31. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FROM SINGLE FAMILY RESIDENTIAL AND OFFICE TO RESTRICTED COMMERCIAL --CHANGE THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY AT 4100 SW 2 STREET, 215 SW LEJEUNE ROAD AND 4091 SW 2 TERRACE-- [APPLICANT: M. Stavrous, N. Rosen, M. Cakmen and C. Rosen] M 96-485 M 96-486 6/27/96 FIRST READING ORDINANCE 6/27/96 114-126 126-128 128-131 131-135 { 32. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 -- CHANGE I FROM R-1 SINGLE-FAMILY _ RESIDENTIAL, 0 OFFICE AND SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT -TO C-1 RESTRICTED COMMERCIAL -- TO CHANGE ZONING ATLAS -- FOR PROPERTY AT 4100 S.W. 2ND STREET/215 S.W. LEJEUNE ROAD AND 4091 S.W. 2ND TERRACE -- [APPLICANT: M. Stravrous, N. Rosen, M. Cakmen and C. Rosen] 33. CONTINUE TO JULY 25, 1996: { (A) PROPOSED FIRST READING i ORDINANCE TO AMEND THE INTERPRETATION OF FUTURE LAND USE MAP TEXT OF ORDINANCE 10544 TO ALLOW PROFESSIONAL OFFICES, i TOURIST AND GUEST HOUSES, MUSEUMS AND PRIVATE CLUBS OR LODGES WITHIN DESIGNATED HISTORIC DISTRICTS; ED FIRST READING (B) PROPO5 ORDINANCE TO AMEND THE HP HISTORIC PRESERVATION OVERLAY DISTRICTS TEXT OF ORDINANCE 11000) TO ALLOW VALET PARKING FOR PRIVATE CHUBS OR LODGES; (C) PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, TO CHANGE THE ZONING ATLAS FOR THE PROPERTY LOCATED AT 3298 CHARLES AVENUE, MARIAH BROWN HOUSE; (D) PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 TO R-1 SINGLE-FAMILY RESIDENTIAL, SD-18 MIN. LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, FOR THE PROPERTY LOCATED AT 3744- 3754 STEWART AVENUE, MARJORE STONEMAN DOUGLAS HOUSE. FIRST READING ORDINANCE 6/27/96 M 96-487 6/27/96 135-136 137-139 36. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, ARTICLE 9, SECTION 917.9 (JOINT PARKING FACILITIES FOR CONTIGUOUS USES); SECTION 922.8 (JOINT LOADING FACILITIES FOR CONTIGUOUS USES); SECTION 924.1.3 (LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS...) TO REQUIRE THAT RECORDABLE AGREEMENTS BE PROFERRED BY APPLICANTS FOR SHARED FACILITIES AS A PERMITTING CONDITION; ARTICLE 25, SECTION 2502 PROVIDES DEFINITIONS FOR COMBINED FACILITIES, JOINT FACILITIES, AND SHARED FACILITIES -- [Applicant: Community Planning & Revitalization Department] SECOND READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 615 (SD-15) RIVER QUADRANT MIXED USE DISTRICT) TO ALLOW MONUMENT SIGNS AS MEANS OF BUILDING IDENTIFICATION AT SD-15 RIVER QUADRANT MIXED USE DISTRICT -- [Applicant: Community Planning & Revitalization Department] SECOND READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 9, SECTION 926.16 (LIMITATIONS ON ONSITE SIGNS ABOVE A HEIGHT OF FIFTY FEET (50') ABOVE GRADE TO ALLOW INSTITUTIONAL OR CORPORATE SEALS, OR EMBLEMS, TO BE USED AS A MEANS OF BUILDING IDENTIFICATION -- [Applicant: Community Planning & Revitalization Department] ORDINANCE 11374 6/27/96 ORDINANCE 11375 6/27/96 ORDINANCE 11376 6/27/96 140-141 142-143 143-144 FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 609 (SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT) TO MODIFY AND INTRODUCE REGULATORY MEASURES APPLICABLE TO CLINICS (MEDICAL AND DENTAL) WITHIN DISTRICT AT SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT -- [Applicant: Community Planning & Revitalization] CONTINUE TO JULY 25, 1996 -- PROPOSED FIRST READING ORDINANCE: TO AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 620 (SD-20 EDGEWATER OVERLAY DISTRICT) TO ADD GROUND FLOOR OFFICE USES AS CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT, TO PROVIDE NEW PARKING REQUIREMENTS FOR SAID USES AT SD-20 EDGEWATER OVERLAY DISTRICT -- [Applicant: Community Planning & Revitalization Department] FIRST READING ORDINANCE 6/27/96 M 96-488 6/27/96 39. FIRST READING ORDINANCE: AMEND FIRST ORDINANCE 11000 TEXT, ARTICLE 15 READING TO INTRODUCE SECTION ENTITLED: ORDINANCE "CLASS II SPECIAL PERMIT REQUIRED 6/27/96 FOR WAIVER OF DESIGN STANDARDS AND GUIDELINES" --SETTING FORTH DETAILED REQUIREMENTS AND CRITERIA -- [Applicant Community Planning & Revitalization Department] 40. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 15, SECTION 1501, 1502, AND 1503 -- MODIFY REQUIREMENTS FOR CLASS II SPECIAL PERMITS PERTAINING TO NOTICE / REFERRALS / TIME LIMITATIONS -- [Applicant: Community Planning & Revitalization] FIRST READING ORDINANCE 6/27/96 144-145 146-148 149-151 152-153 1 43. 0 CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE: TO CONSIDER AMENDING CHAPTER 35 OF THE CITY OF MIAMI CODE -- AMEND CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC), ARTICLE VIIII (COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND) -- TO INCREASING COCONUT GROVE PARKING TRUST FUND BANK OF AVAILABLE PARKING SPACES TO ONE THOUSAND ONE HUNDRED SEVENY (1170) PARKING SPACES FROM WHICH TO DRAW -- REQUEST COCONUT GROVE PARKING ADVISORY BOARD MEMBERS APPEAR BEFORE COMMISSION. (Applicant: Community Planning & Revitalization Department] -- CONTINUE CONSIDERATION TO JULY 25, 1996 AT 6:00 P.M. M 96-489 6/27/96 RESCHEDULE JULY 25, 1996 DISCUSSION COMMISSION MEETING TO BEGIN AT 6/27/96 2:00 P.M. -- SEE LABEL 44. 153-160 160-161 EMERGENCY ORDINANCE: ESTABLISH EMERGENCY 162-163 "ANTI -GANG INITIATIVE" SPECIAL ORDINANCE REVENUE FUND FOR $500,000 -- 11377 APPROPRIATE FUNDS -- GRANT 6/27/96 RECEIVED FROM US DEPARTMENT OF JUSTICE. 44. (CONTINUED) -- RESCHEDULING JULY 25, 1996 COMMISSION MEETING TO BEGIN AT 2:00 P.M.) -- SEE LABEL 42. 45. DIRECT MIAMI CAPITAL DEVELOPMENT CORPORATION, INC. TO DISCUSS WITH ADMINISTRATION AND COMMISSIONERS ALTERNATIVES TO JAHID RASHEED LOAN -- DIRECT MANAGER TO RETURN WITH PROPOSAL FOR COMMISSION APPROVAL. 46. DIRECT ADMINISTRATION TO PROVIDE DETAILED REPORT CONCERNING EFFORTS MIAMI CAPITAL IS MAKING TO RECOVER THE OUTSTANDING $135,000 GARCES COMMERCIAL COLLEGE LOAN. R 96-490 6/27/96 M 96-491 6/27/96 DISCUSSION 6/27/96 163-164 164-169 169-170 47. DIRECT MANAGER TO OBTAIN BIDS FOR CONSTRUCTION REPAIRS ON BELAFONTE - TACOLCY CENTER -- ADDRESS ISSUE OF REVOCABLE LICENSE AFTER BUILDING REPAIRS ARE COMPLETED. 48. WAIVE USER FEES FOR MIAMI'S CENTENNIAL CELEBRATION FROM JULY 27-28, 1996, AUTHORIZE IN -KIND SERVICES WITH CONDITIONS -- AT BAYFRONT PARK. M 96-492 6/27/96 R 96-493 6/27/96 49. WAIVE FEES AT BICENTENNIAL R 96-494 [ PARK -- FOR 20TH CENTURY FOX 6/27/96 FILM. (SPEED II). 50. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR DEVELOPMENTALLY DISABLED - 1996- 97'1 -- APPROPRIATE FUNDS ($408,407) -- GRANT FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES. EMERGENCY ORDINANCE 11378 6/27/96 171-175 176-177 177-178 178-181 51. ACCEPT GRANT FOR $274,140 -- FROM R 96-495 182-183 STATE OF FLORIDA DEPARTMENT OF 6/27/96 HEALTH AND REHABILITATIVE SERVICES -- FOR PROGRAMS FOR THE DEVELOPMENTALLY DISABLED --FOR ONE YEAR. 52. DISCUSSION -- MANAGER INFORMS DISCUSSION 183-185 COMMISSIONER THAT MEETING TO 6/27/96 DISCUSS PARROT JUNGLE BOTANICAL GARDENS IN WATSON ISLAND WITH THE STATE OF FLORIDA CABINET IS SCHEDULED FOR JULY 23, 1996. 53. MANAGER INFORMS COMMISSION ABOUT DISCUSSION 185-186 JUNE 28 BREAKFAST OF MAYORS WITH 6/27/96 DADE COUNTY -- TOPIC: SHARING THE WEALTH. 54. CITY ATTORNEY INFORMS COMMISSION DISCUSSION 186-187 OF DENIAL FROM U.S. CIRCUIT COURT 6/27/96 OF APPEALS ON REHEARING OF HERMAN SKINNER CASE. OF REGULAR MEETING OF THE NMISSION OF MIAMI, FLORIDA y, On the 27th day of June, 1996, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 4:09 p.m. by Vice Mayor Wifredo Gort with the following members of the Commission found to be present: Vice Mayor Wifredo Gort Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. ALSO PRESENT: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Vice Mayor Gort, after which Commissioner Plummer led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Mayor Stephen P. Clark passed away on June 4, 1996. or the Commission meeting of June 27, 1996, the Mayor's seat was vacant. 1 June 27,1996 ---------------------------- 1. DEFER TO SEPTEMBER 26, 1996, CONSIDERATION OF (PROPOSED FIRST READING ORDINANCE TO AMEND FUTURE LAND USE ELEMENT OF COMPREHENSIVE PLAN, TO CHANGE LAND USE DESIGNATION OF PROPERTY LOCATED AT 3240 FLORIDA AVENUE, FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL AND PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000, TO CHANGE THE ZONING ATLAS FOR PROPERTY LOCATED AT 3240 FLORIDA AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. See label 4. [Applicant: Thomas Sherman, Esq. for Farmer's Market]. i- - ----------------------------------------------------------------------------------------------------------- r f Commissioner Dawkins: Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: We have a number of citizens here on two items, and I think we should have a clarification here. I know one of them, if not both of them, have been deferred or continued, or something. So would you ask the Manager to speak to the two items? Find out what the citizens are here on, and if they're going to be heard. Mr. Cesar Odio (City Manager): I think that most of them are on PZ-6 and 7 or... Is that the Farmer's Market? They are being withdrawn. They are being deferred. Vice Mayor Gort: My understanding is that... Mr. Odio: But I think he has to do it... Vice Mayor Gort: Excuse me. My understanding is when we have a short board it's at the request of the applicant to... a one-time deferral until we have either a full board, or the next meeting. My suggestion is, whatever takes place, it should be to the next full board. So anyone that was going to ask to defer his item, please come forward. Mr. Odio: I think that Mr. Albo has PZ-1, and wants to defer. Mr. Lazaro Albo: Yeah. I want to defer. Commissioner Dawkins: Yeah, but wait a minute. Vice Mayor Gort: Wait a minute. Excuse me. Commissioner Dawkins: Let's get through with PZ-6. Vice Mayor Gort: Excuse me. Mr. Odio: Is it 6? Commissioner Dawkins: Yeah. I don't know what it is. Let's get through with that. Commissioner Plummer: Mr. Vice Mayor, the tradition, as long as I've been here, it's always been the way that people have the right of a full board, and we've always been in the unwritten 2 June 27, 1996 It i . rule of deferring to a full board. A two -two tie doesn't accomplish much, and I think most r. people are aware that we have one vacancy. And I would say that the unwritten rule should prevail. I realize it will be inconvenient to some people. Mr. Odio: I'm sorry. I need to clarify. It's PZ-8 and PZ-9. Commissioner Dawkins: OK. Eight and 9. Commissioner Plummer: Whatever it is, or any other item that a person would want to continue to a full board, I think they're entitled to that. But I'm just speaking for one. Vice Mayor Gort: OK. 1 Mr. Sky Smith: Commissioners, I'm Sky Smith, at 3615 Palmetto. I am one of the applicants on PZ-8, the Farmers Market Project. We are, in fact, asking for a deferral until such time as we have a full board. Vice Mayor Gort: OK. Excuse me. Is any... I need a motion. Commissioner Plummer: Mr. Vice Mayor, I will... Commissioner Carollo: There is a motion. It's always been the policy of this Commission. Commissioner Plummer: Sure. I'll second the motion, I'll make the motion. It's... And I apologize to the people that are being inconvenienced. But everybody has their right of their so- called day in court, and as such, a full Commission, which is 100 percent. I... Did I move or did I second? Whatever it was. Vice Mayor Gort: You seconded. Commissioner Plummer: Fine. C Vice Mayor Gort: OK. All in favor, state so by saying "aye." C: The Commission Collectively: Aye. Vice Mayor Gort: Against? Hearing none. 3 June 27,1996 The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO.96-454 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ 8 (PROPOSED FIRST READING ORDINANCE TO AMEND FUTURE LAND USE ELEMENT OF COMPREHENSIVE PLAN, TO CHANGE LAND USE DESIGNATION OF PROPERTY LOCATED AT 3240 FLORIDA AVENUE, FORM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL) AND AGENDA ITEM PZ 9 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000, TO CHANGE THE ZONING ATLAS FOR PROPERTY LOCATED AT 3240 FLORIDA AVENUE FORM R-1 SINGLE-FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 26, 1996. (Note for the Record: These items were both rescheduled later to November 1996. See M 96-458.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Plummer: All right. That's 8 and 9. OK. Commissioner Dawkins: Eight and 9. Now, which one is Mr. Albo on? Vice Mayor Gort: One. Commissioner Plummer: PZ-1. Mr. Albo: Yeah. 29th Road. Commissioner Dawkins: OK. Wait a minute. Let Mrs.... Mrs. Armbrister wants to say something on 8, please. Mr. Albo: I want... Yeah, I want to... Commissioner Dawkins: Let Mrs. Armbrister say something on 8, please. Mr. Albo: Oh, I'm sorry. Ms. Esther Mae Armbrister: Good afternoon. Thank you very much. But we would like to know, do we have to wait until a Mayor is selected before this can be settled? c June 27,1996 i Commissioner Dawkins: Have to wait until what, now? Ms. Armbrister: A Mayor. He says a full board. Commissioner Dawkins: Yes, ma'am. Ms. Armbrister: So... OK. Commissioner Dawkins: Whenever that is. Vice Mayor Gort: Yes, ma'am. That will... Commissioner Plummer: Wel... ' Vice Mayor Gort: It will probably have to be some time after September. ti Ms. Armbrister: Well, after September, that's it, then. Thank you. Vice Mayor Gort: Thank you, ma'am. Commissioner Plummer: "C'est la vie." Vice Mayor Gort: Commissioner Dawkins, you want to say anything? ---------------------------------------------------------------------------------------------------------------- 2. DEFER CONSIDERATION TO SEPTEMBER 26, 1996, OF APPEAL OF ZONING BOARD DECISION OF APRIL 22, 1996, WHICH DENIED VARIANCES FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT TWO - - - clTTTT Tt- TM TTI T. c• AT f%Mt i 0 117 ATTl A t7T7A7T TT7 117Tg-TJ DD 11DnQV T'1 QVq-n A rTPQ Commissioner Dawkins: Second. Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Commissioner Dawkins: Anybody else? Vice Mayor Gort: Unanimous. Mr. Albo: Thank you. Thank you. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-455 } " A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ 1 (AN APPEAL OF THE ZONING BOARD'S DECISION OF APRIL 22, 1996, WHICH DENIED VARIANCES FROM ORDINANCE 11000, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT TWO STRUCTURES ALONG S.W. 4TH AVENUE WITH PROPOSED SETBACKS OF 5'-8" AND 3'-8", TO ADD A GARAGE AND PORTE-COCHERE TO AN EXISTING SINGLE FAMILY RESIDENT) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 26, 1996. (Note for the Record: This item was rescheduled later to November 1996. See M 96- 459.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 6 June 27,1996 ---------------------------------- — -------------------------------------------------------------------- .3. DEFER CONSIDERATION TO SEPTEMBER 26, 1996 OF APPEAL OF THE ZONING BOARD'S DECISION OF APRIL 22, 1996, WHICH DENIED A VARIANCE FROM ORDINANCE 11000, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES TO PERMIT STRUCTURE WITH HEIGHT OF 29'4% [25'-0 MAXIMUM ALLOWED]; ZONED R-1 SINGLE FAMILY RESIDENTIAL, FOR PROPERTY LOCATED AT 1840 SOUTH BAYSHORE LANE. [Applicant: Robert Tenzer] --SEE { LABEL 6. 6 --------------------------------------------------------------------------------------------------------------- i,. Vice Mayor Gort: Anyone else on a zoning matter? Commissioner Plummer: Vicky, Ms. Leiva. Ms. Vicky Leiva: Good afternoon. Vicky Leiva with offices at 701 Brickell Avenue. I would like to request a deferral on item number 4 to a full board. Vice Mayor Gort: OK. Commissioner Dawkins: OK. So move. Mr. Samuel Blum: Sir. Commissioner Dawkins: So move. Mr. Cesar Odio (City Manager): Wait a minute. You got PZ-2... i Ms. Leiva: PZ-4 to a full board. is I Commissioner Plummer: Hold on. Vice Mayor Gort: OK. There's a motion. Is there a second? Mr. Blum: Commission, sir? Commissioner Plummer: I'll... { Vice Mayor Gort: Excuse me. I'll let you speak in the discussion. 1 Commissioner Plummer: For discussion purposes, I will... Vice Mayor Gort: Motion... Commissioner Plummer: I will second the motion, and I will listen to the people who... Vice Mayor Gort: Discussion. Yes, sir. Mr. Blum: Your Honor, my name is Samuel Blum. I'm an attorney at 2666 Tigertail Avenue, j. Suite 106. I represent Derrick and Maryann Daniels, and several of the neighborhoods that 7 June 27, 1996 oppose this. I just want the board to realize that many neighbors have come today at great expense and great inconvenience. This is the third time there has been a problem with a short board. So I'd like, maybe, the neighbors to stand, so you can at least recognize that they did come today. Commissioner Plummer: This is on item 4? Mr. Blum: Item 4, please. Vice Mayor Gort: Four, yes. Thank you. Commissioner Plummer: Well, wait a minute. This item is a long way from them. Am I correct - and I know where she lives - and this item is at 18th and South Bayshore Drive. Mr. Blum: Yes, sir. Commissioner Plummer: And we're on the same item? Mr. Blum: Item 4. i Mr.Odio: PZ-4. Mr. Blum: PZ-4. Commissioner Plummer: I have PZ-4 as 1840 South Bayshore Lane. Mr. Blum: That's correct. Right, Vicky? Ms. Leiva: That's correct. Commissioner Plummer: And this lady is opposed to that item, or are you here on something else? Ms. Grady Lee Dinkins: On 8 and 9. Vice Mayor Gort: She wanted to speak on 8 and 9. Commissioner Plummer: Oh, OK. Because I know where you live. She doesn't live anywhere near where this item is. Mr. Blum: Commissioner Plummer, these people over here. Vice Mayor Gort: OK. Thank you, sir. Thank you. Commissioner Plummer: OK. Thank you, sir. Vice Mayor Gort: OK. Mr. Blum: Thank you. Vice Mayor Gort: All in favor, state so by saying "aye." The Commission Collectively: Aye. 8 June 27, 1996 `x Vice Mayor Gort: Opposed? Unanimous. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO.96-456 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ 4 (APPEAL OF THE ZONING BOARD'S DECISION OF APRIL 22, 1996, WHICH DENIED A VARIANCE FROM ORDINANCE 11000, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT A STRUCTURE WITH THE HEIGHT OF 29'-8", [25'-0 MAXIMUM ALLOWED]; ZONED R-1 SINGLE FAMILY RESIDENTIAL, FOR PROPERTY LOCATED AT 1840 SOUTH BAYSHORE LANE) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 26, 1996, (Note for the Record: This item was rescheduled later to November 1996. See M 96- 459.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Thank you. We'll be back in September. Mr. Blum: All right. ---------------------------------------------------------------------------------------------------------------- 4. (CONTINUED) -- RECONSIDER -- DEFER CONSIDERATION OF PROPOSED AMENDMENT OF COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATION OF PROPERTY (3240 FLORIDA AVENUE) FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL AND PROPOSED AMENDMENT TO ZONING ATLAS FROM SINGLE FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT -- TO SECOND COMMISSION MEETING IN NOVEMBER 1996, AT 6 P.M. [Applicant: Thomas Sherman for Farmers Market]. Vice Mayor Gort: Yes, ma'am, you'd like to speak. Ms. Grady Lee Dinkins: Eight and 9, to 8 and 9. Commissioner Plummer: Eight and 9, the Farmers Market she wishes to speak on. 9 June 27, 1996 Vice Mayor Gort: Opposed? Unanimous. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO.96-456 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ 4 (APPEAL OF THE ZONING BOARD'S DECISION OF APRIL 22, 1996, WHICH DENIED A VARIANCE FROM ORDINANCE 11000, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT A STRUCTURE WITH THE HEIGHT OF 29'-8", [25'-0 MAXIMUM ALLOWED]; ZONED R-1 SINGLE FAMILY RESIDENTIAL, FOR PROPERTY LOCATED AT 1840 SOUTH BAYSHORE LANE) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 26, 1996, (Note for the Record: This item was rescheduled later to November 1996. See M 96- 459.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Thank you. We'll be back in September. Mr. Blum: All right. ---------------------------------------------------------------------------------------------------------------- 4. (CONTINUED) -- RECONSIDER -- DEFER CONSIDERATION OF PROPOSED AMENDMENT OF COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATION OF PROPERTY (3240 FLORIDA AVENUE) FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL AND PROPOSED AMENDMENT TO ZONING ATLAS FROM SINGLE FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT -- TO SECOND COMMISSION MEETING IN NOVEMBER 1996, AT 6 P.M. [Applicant: Thomas Sherman for Farmers Market]. Vice Mayor Gort: Yes, ma'am, you'd like to speak. Ms. Grady Lee Dinkins: Eight and 9, to 8 and 9. Commissioner Plummer: Eight and 9, the Farmers Market she wishes to speak on. 9 June 27, 1996 Vice Mayor Gort: You understand that the request has been to defer the item until we have a full board, and it probably won't be back until after September? Ms. Dinkins: Yes. Thank you, sir. I want to know, are you going to defer everybody today, because you don't have a full board? Vice Mayor Gort: The call goes to the applicant. The rules have been in the past that it's the choice of the applicant to do so or not, to request it or not. Someone might like to take a chance and go ahead and do so. Ms. Dinkins: See, this is his second time deferring it and having us come down here. t;. Vice Mayor Gort: Yes, ma'am. 9. Ms. Dinkin: And this is quite unfair. Vice Mayor Gort: Ma'am, if I remember correctly, you've been coming here for the last 15 to 20 years... Commissioner Dawkins: May I... Vice Mayor Gort: ... on the same property. Commissioner Dawkins: May I make a suggestion, if anyone wants to hear it? It is quite an inconvenience to the neighbors and the citizens, but I would suggest that you ask that this be deferred until November, and get you a time certain in November, when you know we will have a full board. We have one Commissioner now who's going to run for Mayor, which creates another vacancy... Commissioner Plummer: That's why you said September. Commissioner Dawkins: ... and there may have to be an election for that. Then in September, you may not have a full board. Then that person who is elected will not be sworn in until October. Commissioner Plummer: No. C Commissioner Dawkins: And here we go again. So I would... And I'm just suggesting to you that you say to us now that in November, you want a full board and you want this heard. Vice Mayor Gort: There's a motion from Commissioner Dawkins for this to be heard on the Planning and Zoning board meeting of November. Commissioner Plummer: Well, Mr. Gort... ' Commissioner Dawkins: Time Certain. k. Vice Mayor Gort: Time certain. Commissioner Dawkins: Time certain. k : Commissioner Plummer: Commissioner, are we talking... 10 June 27, 1996 Commissioner Dawkins: Wait a minute. The City Attorney is trying to say something to us... to me. Vice Mayor Gort: Excuse me. Mr. Joel Maxwell (Deputy City Attorney): Yes. Mr. Vice Mayor and members of the Commission, it was the applican't request for a deferral, so the applicant would have to be the one asking for a deferral to November. I believe what the applicant asked for was to a full board. And right now, the first potential full board would be September, I believe. Commissioner Plummer: The last meeting. Mr. Maxwell: So I... I don't believe... Commissioner Dawkins: Potential... How can it... Commissioner Plummer: Yeah... Mr. Maxwell: I don't believe it would be proper, Commissioner Dawkins, for you to extend this to November. Commissioner Dawkins: Yeah, but... OK. But, Mr. City Attorney, and Mr. Clerk, we have an election the 23rd... Commissioner Plummer: Willy, I'm in favor of the motion. I'm in favor of November. I Commissioner Dawkins: ... and the Mayor will be sworn in the 29th of July, right? IMr. Maxwell: No. Commissioner Dawkins: The Commission is in recess the whole month of August; am I correct? Mr. Cesar Odio (City Manager): Yes. Mr. Maxwell: Officially recessed, that's correct. Commissioner Dawkins: OK, official recess. So therefore, if we do not... And then you got to have another election, or appoint somebody. So you're looking at a potential of having a full board or not having one. So, but all I'm saying to the citizens, which - and if I'm in error, you correct me, because that's what we pay you for - Commissioner Plummer: Well... Vice Mayor Gort: Commissioner Dawkins... Commissioner Dawkins: ... to tell them that I'm not going to say to them again, come here again, and I got to... we don't have a full board, and you've... taking time off from their job, and what have you, and come here again. That's all I'm trying to do, Mr. City Attorney. Commissioner Plummer: And Commissioner, there's one other thing. The month of September, this Commission is usually very much inundated with budget, to get it finished by October 1st. I'm in favor of the November. ViceMayor Gort: OK. So there's a motion for November... 11 June 27, 1996 y Commissioner Dawkins: But the City Attorney said we can't do that. Mr. Maxwell: Well, you... First of all, you'd have to move to reconsider your previous motion, which was... Commissioner Dawkins: So move. Commissioner Plummer: Second. Mr. Maxwell:... full board. Vice Mayor Gort: It's been moved and seconded. All in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. Commissioner Plummer: Could we do all three at the same time? Vice Mayor Gort: OK. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-457 A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEMS PZ 8 (PROPOSED FIRST READING ORDINANCE, WHICH WAS PREVIOUSLY STATED ABOVE) AND OF PZ 9 (PROPOSED FIRST READING ORDINANCE WHICH TITLE ALSO WAS PREVIOUSLY SATED ABOVE.) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. Commissioner Plummer: Could we do all three at the same time? 12 June 27, 1996 Commissioner Dawkins: Yeah, what is the time certain? What time you... citizens want to come? Five o'clock? Mr. Maxwell: No, on this one, this would... time certain. Commissioner Dawkins: Six o'clock, five o'clock? Vice Mayor Gort: Six o'clock. Ms. Dinkins: Six o'clock would be fine, thank you. Commissioner Dawkins: Six o'clock. Vice Mayor Gort. OK. Commissioner Plummer: We don't even know the date. What is the date? Mr. Maxwell: Now, this one would be readvertised. Commissioner Plummer: But what's... What is the date in November that... Vice Mayor Gort: It would be the second month in November and... Commissioner Plummer: Second meeting. Vice Mayor Gort: ... readvertise it. Commissioner Dawkins: The second meeting in November. Vice Mayor Gort: The second meeting in November. Commissioner Plummer. OK. Vice Mayor Gort: OK. There's a motion and a second. Commissioner Dawkins: Second. Commissioner Plummer: That's on 8 and 9, yes. What time do the Vice Mayor Gort: Eight and 9. The time certain is six o'clock. All in favor, state so by saying flaye.11 The Commission (Collectively): Aye. Vice Mayor Gort: Thank you. Unanimous. 13 June 27, 1996 1 The following motion was introduced by Commissioner Plummer, who moved its adoption: ! MOTION NO. 96-458 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS PZ 8 (PROPOSED FIRST READING ORDINANCE WHICH TITLE WAS PREVIOUSLY STATED ABOVE) AND PZ 9 (PROPOSED FIRST READING ORDINANCE WHICH TITLE ALSO WAS PREVIOUSLY STATE ABOVE) TO THE SECOND COMMISSION MEETING IN NOVEMBER 1996 AT 6 P.M. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. Vice Mayor Gort: Thank you. Ms. Dinkins: Thank you. ------ ---------------------------� --------------------------------------------------- 5. (CONTINUED -- RECONSIDER/DEFER CONSIDERATION OF APPEAL OF ZONING BOARDS DECISION WHICH DENIED VARIANCES TO PERMIT TWO STRUCTURES ALONG S.W. 4 AVENUE WITH SETBACKS OF 5'8" AND 3'8", TO ADD GARAGE AND PORTE-COCHERE -- TO SECOND COMMISSION MEETING IN NOVEMBER 1996. [Applicant: Lazaro and Maria Albo]. ----------------------------------------------------- Commissioner Plummer: Item 1, move to reconsider. Commissioner Dawkins: Second. Commissioner Plummer: Move it to the second meeting in November at a time certain. Commissioner Dawkins: Second. 14 June 27, 1996 Commissioner Plummer: Six p.m. Mr. Cesar Odio (City Manager): PZ-1. Ms. Christina Cuervo (Assistant City Manager: PZ-1? Commissioner Plummer: PZ-1. Vice Mayor Gort: It's been moved and seconded. All in favor, state so by saying "aye." The Commission (Collectively): Aye. ,'. Commissioner Dawkins: Yes, sir. Vice Mayor Gort: Unanimous. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-459 A MOTION TO RECONSIDER AND AGAIN DEFER CONSIDERATION OF AGENDA ITEM PZ 1 (WHICH TITLE WAS PREVIOUSLY STATE ABOVE) TO THE SECOND COMMISSION MEETING IN NOVEMBER 1996 AT 6 P.M. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: kya-M Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. 6. (CONTINUED) -- RECONSIDER/DEFER CONSIDERATION OF APPEAL OF ZONING BOARD DECISION DENYING VARIANCE FROM ORDINANCE 11000 TO PERMIT STRUCTURE EXCEEDING HEIGHT LIMITATION FOR PROPERTY (1840 SOUTH BAYSHORE LANE) TO SECOND COMMISSION MEETING IN NOVEMBER 1996. [Applicant: Robert Tenzer]. ---------------------------------------------------------------------------------------------------------------- i Commissioner Plummer: What about number 4? Mr. Samuel Blum: On PZ-4, we'd ask that it get moved to November, also, because of the same considerations. Commissioner Plummer: Move to reconsider. 15 June 27, 1996 Commissioner Dawkins: Second. Vice Mayor Gort: All in favor, state so by saying "aye." The Commission Collectively: Aye. Commissioner Plummer: Move it to a time certain... Vice Mayor Gort: Unanimous. Commissioner Plummer:... November the... second meeting in November, six p.m. Mr. Blum: Thank you very much, gentlemen. i Vice Mayor Gort: Thank you. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-460 A MOTION TO RECONSIDER AND AGAIN DEFER CONSIDERATION OF AGENDA ITEM PZ 4 (APPEAL OF ZONING BOARD DECISION OF APRIL 22, 1996, WHICH DENIED A VARIANCE FROM ORDINANCE 11000, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL PERMITTED PRINCIPAL USES TO PERMIT STRUCTURE EXCEED HEIGHT LIMITATION FOR PROPERTY LOCATED AT 1840 SOUTH BAYSHORE LANE) TO THE SECOND COMMISSION MEETING IN NOVEMBER 1996 AT 6 P.M. j Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by i the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. 16 June 27, 1996 -------------------------------------------- ----------------------------------------------------------------- 7. REMAND TO PLANNING ADVISORY BOARD PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 TO PROVIDE FOR DEVELOPMENT BONUSES FOR SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT IN CONNECTION WITH PORTION OF DISTRICT BOUNDED BY MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY STREET AND GRAND AVENUE (MUTINY HOTEL SITE). [Applicant: McDonald's Corporation]. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Are there any others, Mr. Vice Mayor? Vice Mayor Gort: Anyone else asking for a deferral? Yes. I Ms. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the board. My name is Lucia Dougherty, law offices at 1221 Brickell Avenue. I'm here on item PZ-24, and would not ask for a deferral, but would ask you to remand this item back to the Planning Advisory Board. I believe that the Planning Department would support this position, because the bonuses that are proposed are not something that anybody would take advantage of. In other words, these are bonuses that are being proposed primarily for the Mutiny Hotel, to build public parking. This... Commissioner Plummer: So move. Vice Mayor Gort: It's been moved. Is there a second? Commissioner Dawkins: Second it. Vice Mayor Gort: OK. All in favor, state so by saing "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. Thank you. Ms. Dougherty: Thank you. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-461 A MOTION TO REMAND BACK TO THE PLANNING ADVISORY BOARD AGENDA ITEM PZ 24 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000, IN ORDER TO PROVIDE FOR DEVELOPMENT BONUSES FOR THE SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, IN CONNECTION WITH THAT PORTION OF THE DISTRICT BOUNDED BY MC FARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY STREET AND A PORTION OF GRAND AVENUE.) 17 June 27, 1996 ,_—le Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. C�[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES 1DERATION OF PLANNING AND ZONING ITEMS TO CONSIDER ITEMS FORM REGULAR PORTION OF THE L AGENDA.] ---------------------------------------------------------------------------------------------------------------- 8. (A) SUPERSEDE 95-832--APPROVE WITH AMENDMENTS REVISED INTERLOCAL LAND LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR DEVELOPMENT OF MARITIME PARK PROJECT. (B) APPROVE EXECUTION OF ASSURANCE AGREEMENT WITH METROPOLITAN DADE COUNTY, MIAMI HEAT LIMITED PARTNERSHIP AND BASKETBALL PROPERTIES, LTD. IN CONNECTION WITH DEVELOPMENT OF ARENA IN MARITIME PARK PROJECT. Vice Mayor Gort: Anyone else? OK, call item 1. Mr. Manager, item 1, interlocal lease agreement with Metropolitan Dade County, Maritime Park Project. Mr. Cesar Odio (City Manager): As you notice, the interlocal and lease agremeent with Metropolitan Dade County Maritime Park Project was approved when it was before. The reason we had to bring it back to you today is that there were some amendments made to it, and including the incorporation of the Arena, which was not considered the first time. And Commissioner Carollo led the charge on this, so he can expound on that. Commissioner Carollo: Well, Mr. Manager, I think that it would be more appropriate for yourself and/or Christina Cuervo, that has been quite helpful in this, to explain to the Commission what is it that we have changed from the original time that it came before us. Mr. Odio: OK. The major changes are, of course, adding the Arena and the... which we had not done that... Vice Mayor Gort: Mr. Manager, for the sake of the individuals that are not here and they're watching, they don't know about all this that we have here, could you please go through the ! , ` different changes? 18 June 27, 1996 Mr. Odio: OK. We will go through... You want me to go through the whole thing. Vice Mayor Gort: No. The differences from what we approved before and the new amendments. Mr. Odio: The difference is that we permit now the building of an Arena. That's the number one change. Number two change is that the rent structure is changed in the sense that before, we were going to enter into Phase 1, A-1, B, and so forth. And what is going to happen now, from the opening, the moment we sign, it will be one phase where they, the County, will assume the whole portion of land spelled out in this agreement from day one, so that the slip can be moved and the Arena can be built. And therefore, what happens is we get our six million dollars ($6 000,000) up front, like we were going to originally. And the one difference in this agreement is that we begin to receive three million dollars ($3,000,000) from year one, which before, the rent would start on the fourth year - or in the third year, I'm sorry - at one and a half million dollars. And then if they excercised the second phase without the Arena, that's before the Arena, it would have gone up to three million dollars ($3,000,000). This way, now, we will receive the three million dollars ($3,000,000) from day one, from year one. The other change is that in the agreemeent... In the financial package you had agreed to in the... a month ago, I believe, we were going to have revenues set aside to build up a trust account. This won't happen now. What happens now is that the monies that the County is going to pay us the first three years, which is three million ($3,000,000) each year, is nine million ($9,000,000), will be set aside in a trust fund and... to guarantee any deficiencies in the financing, which they don't expect that it will get to that point. Those nine million dollars ($9,000,000) would not have been paid in the first place. This is in addition to the rent we were going to receive prior to this agreement. So this is an advantage to the City of Miami. The lease remains at 45 years. The other changes here is the parking garage will be built by the County, by the Heat, or whoever other agencies they may decide, and it's up to... They will build 3400 parking spaces, of which 900 will be set aside for the port operations, and 2500 will be for the events at the Arena, or when it's not in use, for other uses, like Bayside, if they have a spillover and so forth, or any other events that may be held in the immediate area. One change that is important to us is that in case of an interlocal, in case that there are any taxes to be paid, the City of Miami is exempt from... We are not responsible for the payment of any ad valorem taxes, and that is clearly changed here. So then you have also the assurance agreement, which is separate. But in the port agreement, that's basically the change. And we retain the police and fire jurisdiction outside of the... inside and outside of the Arena, and excepting for the port facility itself, we retain all permitting rights to all the area except for the port facility itself, which is what we have in Dodge Island at the present time, or in the main port at this time. We have basically... Commissioner, I can go on and on on this one, but our... Like I said, the CPI (Consumer Price Index) increases are still in place. I believe that by the end, with an Arena, by the end of 45 years, the City will receive approximately two hundred and fifty-three million dollars ($253,000,000) in direct benefits and payments for our land, land that we paid, basically, twenty -some million dollars. So a park... A land that was not being used will derive close to two hundred and fifty-three million dollars ($253,000,000), not counting the benefits that we will receive from having a retail and the port cruise terminals on this side of the bay, and also a state of the art arena, with a hundred and some events more that will come to that place, which will, in turn, generate other benefits for us in Bayside, which we receive... rent monies from Bayside are going to what they sell. So it's a benefit to the whole area. I think that's it. Vice Mayor Gort: OK. Commissioners, questions. Commissioner Plummer: If I can start, I'll be happy to. Mr. Manager, there's a few things that you haven't said that I think need to be said on the record. 19 June 27, 1996 Mr. Odio: You told me to say the least amount possible. Every time I say too much, it comes back to haunt me. t Commissioner Plummer: OK. Well, but I think it should be said, because it's important. For example, you did not indicate that upon signing, the City gets immediately six million dollars ($6,000,000). Mr. Odio: I said that. Vice Mayor Gort: He stated it. Commissioner Plummer: That's in addition to this. Mr. Odio: I said that. Vice Mayor Gort: He said it. Commissioner Plummer: OK. j. Mr. Odio: But I'm glad you're saying it over. You want me to say it in Spanish now? Commissioner Plummer: I thought it was Chinese. The other thing that I was happy to see was the idea that I had raised previously about the bridge to Bayside, which was originally proposed at twelve million dollars ($12,000,000) is now down to a half a million dollars. Other that I wanted to get onto the record is that the Heat is very much aware that they are going to be paying ad valorem taxation. That's a State statute now, that any profit -making has to be paying ad valorem taxation. In reference to the traffic mitigation plan and the security plan... Mr. Odio: Oh, no. That's part of the assurance agreement. Let's not confuse... Commissioner Plummer: I understand but I want... Mr. Odio: That's the next agreement. Commissioner Plummer: Oh, that's in the second one? Mr. Odio: Yes, sir. Commissioner Plummer: OK. Mr. Odio: That's why I didn't want to confuse that. Commissioner Plummer: The other area that I have a problem with is in the area that I want to go back to the original language, and that is the makeup of the Maritime Board. It originally was agreed upon that there would be two City Commissioners, and there would be two County Commissioners, and those four would select an independent party that would be chosen by them. For whatever reason, I don't know why, if it's to be totally independent, I would like to go back to the language that says, as it was in the beginning and agreed upon, not to be, the fifth person, a City or County Commissioner, or an employee of either the City or the County. I think, to keep the independence in there, I think that is very, very important. Commissioner Carollo and I have already been designated as members of that board, and I would ask that that language go back to that. I was concerned about financing. I have been given this document here, which does, in fact, show me what you just said, and as far as I am concerned, that would take care of my j'. problem in the reduction of the rent. As far as... 20 June 27, 1996 Mr. Odio: If I may, Commissioner. Commissioner Plummer: Sure. Mr. Odio: When you say financing, that's what... the monies the City will receive as payment for our land. OK. Commissioner Plummer: I understand that, sir. Mr. Odio: OK. Because... No, somebody asked me and... if I may? May I? Commissioner Plummer: Sure. Mr. Odio: Somebody asked me about the financing and where all the monies were coming from, we were going to create new taxes. And I think we need to say that this is... This whole project ` has been financed without creating new taxes, and it has nothing to do with ad valorem taxes whatsoever. It's convention development tax and the Heat monies, and it's got nothing to do with any other taxes that will be added or created, or we're taking some other... The question was that we're taking this from some other project to do this. The answer is no to that, too. We're not taking this money away from anyone. This has been monies that the Sports Authority has built up through the years, in some cases, and excesses in convention development tax. I forgot that, and I'm glad you let me put it on the record. Commissioner Plummer: Just for the record, also, the two hundred and fifty-three million ($253,000,000) that you speak to could only be deviated if, in fact, the reserve is drawn down on, and that reserve is nine million dollars ($9,000,000), and there could be a slight deviation of that. The parking, I would ask that when you finalize your document, as we remember... Wait a minute. Are we on just 1 or or 1 and... and both items? Mr. Odio: We're on 1. Vice Mayor Gort: We're on 1. We're on 1. Mr. Odio: We are on the interlocal agreement. Commissioner Plummer: OK. The other item, I'll talk to later. Mr. Odio: On the interlocal agreement. Vice Mayor Gort: OK. Commissioner Dawkins. Commissioner Dawkins: The six million dollars ($6,000,000) that you just mentioned, Mr. Manager, and then the six million ($6,000,000) you mentioned to go along with the three million ($3,000,000) to make nine million ($9,000,000), are we speaking in terms of fifteen million dollars ($15,000,000), or are we speaking in terms of nine million dollars ($9,000,000)? Mr. Odio: You're speaking in terms of fifteen, Commissioner. We will receive... Commissioner Dawkins: OK. Explain it to me. Mr. Odio: We will receive six million dollars ($6,000,000) the day we sign this agreement, and that's monies that we... 21 June 27, 1996 i- Mr. Odio: For... That's the payment, initial payment for our land. Commissioner Dawkins: So we're going to get six million dollars ($6,000,000)... Mr. Odio: Well, the land, when they finish paying it in 45 years, they would have paid two hundred and fifty-three million dollars ($253,000,000), approximately. Commissioner Dawkins: How much of the land? All of the land? One fifth of the land? Half of the land? Mr. Odio: Well, all... Vice Mayor Gort: Phase I, Phase II. Mr. Odio: The land that is earmarked here for the sports facility and the Arena, that's the land. Not all of... Commissioner Dawkins: See, wait a minute. Wait, now. Wait. Mr. Odio: Not all of Bicentennial. Commissioner Dawkins: Wait, wait, wait. Vice Mayor Gort: Phase I and Phase II. Commissioner Dawkins: Wait one minute. When we start discussing the Maritime Park, there was no Arena. Mr. Odio: Yes, sir. Commissioner Dawkins: So, now, keep the Arena separate and apart from what we are doing. Mr. Odio: OK. Commissioner Dawkins: OK? Because I don't want to be confused. All right? 22 June 27, 1996 Commissioner Dawkins: I'm already where we are. So now, when we get to the Arena, you can tell me what we're doing. But right now, you're getting six million dollars ($6,000,000) for Bicentennial Park; is that what you're telling me? Mr. Odio: No, sir. For the... Commissioner Dawkins: That's what... Well, explain it to me. Mr. Odio: The portion of FEC (Florida East Coast) and a portion of Bicentennial Park. It's... Commissioner Dawkins: Now, how much of a portion of Bicentennial Park? Mr. Odio: I will have to look and see exactly. It's not all of it. It's just the area where we are going to move the slip northward, and then where the footprint of the terminal will... if it's built on that side will be placed. Commissioner Dawkins: So we're getting six million dollars ($6,000,000) that clears everybody out of everything, and you only... And let's say, for the sake of discussion... Mr. Odio: Yes, sir. Commissioner Dawkins: ... we're only going to use half of Bicentennial Park for the Maritime Park. OK? Let's just say for the part of discussion. Is that correct? Mr. Odio: It's not all of Bicentennial, yes, sir. Commissioner Dawkins: OK. All right. OK. Now, who's going to maintain the other half... No, no, don't be shaking heads. Put that in the records. Mr. Odio: The County, the County, the County will maintain the rest of the park. They will assume all responsibilities for the maintenance of that park. Commissioner Dawkins: All right. What does maintaining it mean? Mr. Odio: Keeping it in... Commissioner Dawkins: Does it mean cutting the grass, or does it mean putting... Mr. Odio: It means improving the park through a garden and, I hope, a beautiful park, and they will maintain it as such. Commissioner Dawkins: OK. Well, why... See... Well, why would the County beautify a park that we're going to eventually don't have a park? Mr. Odio: No, sir. As part of this whole new agreement, what Mr. Lunetta has worked out with some other people, we have to keep a substantial green area in that project. And that's part of the Bicentennial Park that will be maintained as a park. And there will be no construction there. Commissioner Dawkins: Wait a minute. All right. Will it be maintained as a park, or will it be maintained as green area? 23 June 27, 1996 Mr. Odio: As a park. As a park with substantial green areas, and it will remain so. There will be no construction in that portion of the whole property. There will not be any future construction there. Commissioner Dawkins: So I'm telling the County, I'm not going to permit you to have your police on my property, I'm not going to permit you to have your fire department on my property, but I'm going to expect the County to maintain my property as a park. Mr. Odio: Yes, sir. Yes, sir. Commissioner Dawkins: And the County is going to buy that. Mr. Odio: Yes, sir. They already approved this agreement. Not only that, they are also building us a fire station in... Commissioner Dawkins: Wait a minute now. They're going to build us a fire station. Mr. Odio: Yes, sir. c Commissioner Dawkins: For me to put my firemen in. Mr. Odio: Yes, sir, right on Bicentennial Park. Commissioner Dawkins: OK. Now, when you get across whatever it is from the water to the port, my firemen are going to do that, too? Mr. Odio: Yes, sir. Not inside the old port, no. The new port area. Commissioner Dawkins: No, no, I don't want... No. We're not talking about going across the bridge. Mr. Odio: The expansion port, yes, we will provide fire services. Commissioner Dawkins: OK. Put it in the records... Mr. Odio: Yes, sir. I Commissioner Dawkins: No, no. Put it in there... Mr. Odio: Yes, sir. Commissioner Dawkins: ... that at no time, ever, without a referendum from the City of Miami, will they ever be able to do me like they did at the other one, at Dodge Island, OK? Mr. Odio: You got it, sir. It's in there. Commissioner Dawkins: OK? See, now, see, we had the fire, then the County decided that they �. wanted it, and they went over and they took it. Now put in... Mr. Odio: Yes, sir. Not this time. Commissioner Dawkins: No, no. Put it in there, OK? 24 June 27, 1996 Commissioner Dawkins: Mr. City Attorney? Mr. Odio: He's here. Commissioner Dawkins: How do I insert this in here to make sure that at all times... Mr. Odio: What page is the fire? Commissioner Dawkins: ... that the City of Miami police and firemen have jurisdiction for maintaining fire safety and other police activities in the new marine park? A. Quinn Jones, III, Esq. (City Attorney): Well, there's substantial language, as I understand, b' that's already in there. But if you want specific language, I'm sure that that can be placed in ther before a final agreement is executed. k" Mr. Odio: Let me... Maybe I can put it on the.,. Commissioner Dawkins: No, no, I'm not... Wait a minute, Mr. Manager. No, Mr. City Attorney, I'm not trying to reinvent the wheel. If you tell me, after you have reviewed this for form and content, that that is in there, I'll accept your word for it, sir. Mr. Jones: OK. Commissioner, we'll review... I don't have the agreement before me. I'll review it and... Commissioner Dawkins: Well, then you just told me... Mr. Jones: I'll review it, and we'll make sure that there's adequate language in there to protect and achieve what you want to achieve. Commissioner Dawkins: OK. Now... Mr. Odio: Commissioner, if you'd feel better, I can put it on the record what the agreement says that you are approving today, if you want to. i Commissioner Dawkins: OK. Now, let's go back. Six million dollars ($6,000,000) up front, for what? To do what with? Mr. Odio: For us... Commissioner Dawkins: Min-hmm. Mr. Odio: My recommendation to you, Commissioners, would be to put that into a trust account, and whatever monies you earn from it, you can use as whatever you choose to do. That is not something that is budgeted. That is up to you, as a Commission, to decide what to do with that money. ;. Commissioner Dawkins: All right. The other three million ($3,000,000) is for what? Mr. Odio: Three million dollars ($3,000,000) in the first... The other three million dollars ($3,000,000) we will get starting on the fourth year is the same way. Commissioner Dawkins: Now, you don't get that other three until the fourth year. 25 June 27, 1996 1 Commissioner Dawkins: So I don't get nine million ($9,000,000) the first year. Mr. Odio: No, no. Commissioner Dawkins: I get six. Mr. Odio: You... Let me... Let me... Maybe I can explain it again. The first payment we receive is six million dollars ($6,000,000) cash, upon signing of the agreement. The first year of the agreement being in effect, you will receive three million dollars ($3,000,000). The second year... Commissioner Dawkins: At the end of the first year. Mr. Odio: Yes. The second year, three million ($3,000,000) and the third year, three million ($3,000,000). Thus, nine million dollars ($9,000,000) which we were not going to receive prior to this amendment, will be put into a trust account. On the fourth year, you will begin to receive three million dollars ($3,000,000) which have not been set aside for anything except for what 1 you, as a Commission, decide to do with those monies. So those monies belong to the City of Miami, to use as you wish. Commissioner Dawkins: You're losing me, Mr. Manager. We get six million dollars. Mr. Odio: Yes, sir. Commissioner Dawkins: Six million. So let's put that in Republic Bank. OK? And it stays there. Now, at the end of the first year... Mr. Odio: No, sir. May I... Commissioner Dawkins:... I get another three million; is that correct? Mr. Odio: Yes. And the six million ($6,000,000) you receive... Commissioner Dawkins: Yes, mm-hmm. ' Mr. Odio: ... you can do whatever you please. Commissioner Dawkins: No, no. OK. No, no, no. We'll do what we can get... See, we can get three members up... Because a lot of times, I want to do things, and you get three votes up here, I don't do it. Mr. Odio: Well, that's what I'm saying. Whatever this body chooses to do... Commissioner Dawkins: OK. Mr. Odio: ... with the six million dollars ($6,000,000), you are free to do so. Commissioner Dawkins: All right. Now, at the end of the first year... r Mr. Odio: You get paid three million dollars ($3,000,000). Commissioner Dawkins:... get another three million ($3,000,000). 26 June 27, 1996 Commissioner Dawkins: OK. Now, at the end of the second year, I get another three million. Mr. Odio: Yes. Commissioner Dawkins: So now, I'm up to twelve million ($12,000,000). Mr. Odio: Yes. r, Commissioner Dawkins: And at the end of the third year, I get another three million ($3,000,000). Mr. Odio: Yes, sir. Commissioner Dawkins: Now, I'm up to fifteen million ($15,000,000). Mr. Odio: Yes, sir. Commissioner Dawkins: And all of this money can be put into a reserve account, and it will not have to come out to pay any bond indentures, or any money you borrowed, or anything, or have anything to do with any financing that we came about, in order to do the Marine Park. Mr. Odio: No, sir. The first six are totally free and clear. The next nine million ($9,000,000) are not free and clear. You must put them into a trust account, to guarantee any deficits or... Commissioner Dawkins: See, but it's not free, then. Commissioner Dawkins: That's all right. Let the czar explain it. Take a... Come on. Go ahead, man. Commissioner Plummer: It's free at the end of 45 years. I Mr. Odio: OK. But I just want to say we were not going to originally receive those monies. Commissioner Dawkins: Will you let the port czar explain it? 27 June 27, 1996 Vice Mayor Gort: Excuse me. Go ahead, Mr.... Mr. Carmen Lunetta: Commissioner Dawkins, Carmen Lunetta, Port Director. Let me clear the financing up for you. Vice Mayor Gort. Excuse me, sir. Could you state your name and address, please? Mr. Lunetta: Yes. Carmen Lunetta, 1450 Northwest 207th Street, Dade County. The first six million dollars ($6,000,000), as the Manager said, is money that's free and clear. Separate from what he said, you get right up front three million dollars ($3,000,000) the beginning of the first year, three million dollars ($3,000,000) at the beginning of the second year, three million dollars ($3,000,000) at the beginning of the third year, which will be used in a capital reserve account to back the bonds that are out. That capital reserve fund, could, should there be a CDT shortfall, or s; any other shortfall for the tax-exempt bonds, could be used. If those funds are used, the Heat will be responsible for replacing that money. Commissioner Dawkins: Wait, now. Now, here you go now with the Heat. What are we talking about now? The marina? The Marine Park, or the Heat? 4c f Mr. Lunetta: No. This is... All the bonds that we're talking about is only the Arena. It has nothing to do with the rest of the park. Commissioner Dawkins: So the Manager... So the three million ($3,000,000) has nothing to do with the six million ($6,000,000). Mr. Lunetta: No, no. Each year, the three million ($3,000,000)... The first three... The first three years goes... Commissioner Dawkins: That's all right. I'll go to the carpet with you. You can explain it to me, because I don't... Mr. Lunetta: OK. Good. Commissioner Dawkins: No further questions. Mr. Lunetta: OK. Good. ' Commissioner Plummer: Could I ask a clarification, please? Vice Mayor Gort: Go ahead. Commissioner Carollo: Well, hold on. Before you do, I know what's wrong with Miller. He's in complete shock that, you know, we've gotten so much from the County. But, Miller, we have accomplished a lot in a short time. It is going to be a new decade, for sure. This is for real, you know. 1 Commissioner Plummer: Don't do it until it's in the bank, Joe. The first... Commissioner Carollo: Well, one other thing. The interest that we will be making from that... 4 { Commissioner Plummer: From the nine. Commissioner Carollo: ... from the nine million ($9,000,000), right, the City is going to be keeping, you know, a very reasonable amount of that interest. So... 28 June 27, 1996 Commissioner Plummer: I thought it was 50150. Commissioner Carollo: ... you know, we are getting even a better deal than was discussed here before already. Commissioner Plummer: Yeah. It was... Commissioner Carollo: We're talking, you know, about a sizable amount of dollars in interest. Commissioner Plummer: The first year. Vice Mayor Gort: About four hundred and fifty million ($450,000,000) for... { Mr. Odio: At least. Commissioner Plummer: All right. Vice Mayor Gort: Yes, sir. Commissioner Plummer: All right. Let me ask, has everybody... You've provided everybody... Mr. Odio: There's something... Commissioner Plummer: Oh, you haven't. Mr. Odio: ...I provided... Commissioner Plummer: OK. Then, I can't speak to it. All right. Joe, go ahead, and then I have some other things that I... Commissioner Carollo: No, no. I'm done. I'm done. Vice Mayor Gort: Commissioner Carollo, do you have anything? Commissioner Carollo: I have nothing to say at this point. Vice Mayor Gort: J.L. Commissioner Plummer: On the... Are we still on just the one? Because everybody is mixing apples and oranges here. Mr. Odio: No. You can finish this one if you want, now. That's the interlocal. Vice Mayor Gort: We're on 1 right now. i Commissioner Plummer: Well, it's tied into 1-A, also, so I think you need to talk to both, really. Mr. Odio: Sure, go ahead. Commissioner Plummer: OK. Mr. Odio: You want me to explain the assurance. 29 June 27, 1996 Commissioner Plummer: All right. I want to make sure that this so-called traffic mitigation plan and the security plan, not to exceed one hundred thousand dollars ($100,000). That was agreed upon. They said they could do it for that, but I wanted to make sure that that was in there. Mr. Odio: You can add that in there, yes, sir. Commissioner Plummer: I'm concerned, and I was told that I would have an answer when the original plan for the Heat came in, in reference to the parking. At that particular time, there was a demand of 4500 parking spaces, or no franchise. We're now talking 3900, and we're going to have 5,000 additional seats. I would like to know where the additional parking is going to be, and how it's going to be provided. {` Mr. Odio: It's provided in... Commissioner Plummer: I think it's very, very important. Mr. Odio: It's inside the port terminal. They will provide shuttles to the Arena. It's that simple. Commissioner Plummer: Now, was I told correctly that inside of the port, there would be designated an area for... 1 Mr. Odio: Yes. Commissioner Plummer: ... up to 2500 cars. Mr. Odio: Yes. Commissioner Plummer: Is that correct? Mr. Odio: That's correct. Commissioner Plummer: That's now on the record. The only thing that I would hope that could be done... And I'm going to talk to Carmen more so now, and I know he's very much aware. Carmen, I got a call about an hour ago. Please, in construction - even though Joe and I are on this Maritime Board - local people first, OK? We got a Longshoremen's Association, and I want to tell you something. I've been criticized sometimes before about home folks first, but I got no !` problem with it. And I hope you remember that when this thing goes forward. Vice Mayor Gort: OK. Is there any further discussion on this? any other questions? Commissioner Carollo: Adding to what J.L. said, it's clear to us that by "local people," we mean exactly that, local people, beginning with City of Miami laborers' union, and other local City of Miami people, and then we could move on to the County side. That's exactly what we mean. The Manager made mention of a couple of things I think we need to clear up, because there's been a lot of misconception in what's been printed in the media, and what's been said by others. The reason that the slip that is presently there is going to be moved is not at all having to do with the Arena being built. That is being done for the sole purpose that it must be done, if we're �. going to accommodate four instead of three of the mega cruiseliners. And that's the sole reason. Whether the Arena was going to go in the FEC (Florida East Railroad) track or not, we woud have had to have moved the slip over towards the Bicentennial Park side. So I want to establish that for the record. Secondly of all, this Arena is being built in the FEC track. That has never been a park. This is not being built in the Bicentennial Park site. We are not touching that site, whatsoever, for the Arena, and I think it's quite important to establish that now. Having said Is that, I will give the floor to my colleagues for any further discussion. 30 June 27, 1996 Vice Mayor Gort: Commissioner Dawkins. Commissioner Dawkins: I think I'll piggyback on what Joe said. Carmen and I discussed, quite some time ago, the necessity of building berths that can accommodate the mega passenger ships that are being built. And Carmen said, quite some time ago, and nobody listened, that if we didn't prepare to accommodate these cruise ships, they would go to Fort Lauderdale and other places. So we're a little behind, and we are trying to catch up. And we're only trying to catch up because we didn't listen to Carmen when he first said the mega passenger ships were coming, and we didn't prepare the berths. So that's what we are doing now, attempting to make sure that the large ships will be able to come in, have a turning basin to operate in, get out in, and we will not lose this business to some place else. Vice Mayor Gort: Thank you, Commissioner Dawkins. I'd like to make a little statement about the parks. I was with the Downtown Miami Business Association when the planning for Bayside was taking place. There was a park there that was not being used by anyone. Thanks to Bayside, we have over 10,000,000 people going to Bayfront Park now, utilizing the park. My understanding is - and correct me if I'm wrong - it creates about one point three million dollars ($1.3 million) for the City of Miami in that joint venture. Those facilities we're discussing today are not being used by anyone, and I would like, for the record, if it's possible, Carmen, if you could tell us how many jobs will be provided by the additional ships that are going to be going in there, all the benefits that the Arena, and the individuals utilizing all the subcontracts. If you have a ball park figure, I think it would be important for the people to know how many jobs will be created in doing the construction, how many permanent jobs we will have afterwards, and how many vendors will be benefiting from all these projects that we're working on today. Mr. Lunetta: It's going to be very substantial. I think, just the Heat, alone, we're probably looking at roughly 2,500 to 3,000 additional employees. For the cruise ships that are coming in, we're estimating between five and six thousand people will be employed in Dade County, through our major cruiselines, who are all housed in the City of Miami or somewhere in Dade County. So that's some... close to 10,000 people. In construction, I'm sure, with the amount of construction that we have, which is in excess of two hundred million dollars ($200,000,000), we're probably looking at at least a couple thousand more people during the construction period that will be developing the Arena, the parking garage, the retail space, and the cruise terminals. Vice Mayor Gort: Thank you. I think it would be important if at sometime, you could put some numbers to those, to be released, so people would know the benefits of those. Thank you, sir. Mr. Lunetta: Yeah. For the cruise passengers that will be coming in, the economic benefits, when we get to our projections... And right now, I can tell you there's at least three, maybe four ships that are already committed to the new sites. When it is housed with 12 ships, you're looking at an additional 3,000,000 passengers, or roughly. about five billion dollars ($5,000,000,000) of direct and indirect benefits to both the City of Miami and Dade County. Vice Mayor Gort: Thank you, sir. Is there any further discussion, or anybody ready for a motion on 1, item 1? i Commissioner Plummer: Are we going to hear from the public? i Vice Mayor Gort: No, let's make a motion first, and then... Yes, Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am for this agreement, the Arena construction, all that, especially with Joe Carollo behind this, because he is an elected official, he answers to me. I see a lot of the management, County Manager and all that, that they 31 June 27, 1996 don't answer to me. And I am worried, because I've seen things happening... Like now, the City Manager is saying the construction of a new fire station. It's not a new fire station. It's the relocation of Station Number 1, which is at 144 Northeast 5th Street. They're going to be relocated. So it's the same fire station. The only thing, it's going to be in a different place. So we don't get any new fire station. That's... Commissioner Carollo: No, Mariano, let me explain to you. Commissioner Plummer: It's two million dollars ($2,000,000). Commissioner Carollo: We are getting a new fire station, and let me explain to you why? Mr. Cruz: New, built. Commissioner Carollo: It's going to be built by the County... Mr. Cruz: Right. Commissioner Carollo: ... for the City. The old fire station that they were having, yes, we are going to relocate the personnel and equipment to the new one. Mr. Cruz: Right. Commissioner Carollo: But the old location, which is City property... Mr. Cruz: City. Commissioner Carollo: ... will still be owned by us. Mr. Cruz: Right. Commissioner Carollo: We'll be able to redevelop it, sell it... Mr. Cruz: Right. ` Commissioner Carollo: ... and still make money on it. So... I Mr. Cruz: But that station at the Maritime place will be serving the same downtown neighborhood, plus the park. Commissioner Carollo: In that, you're correct. In that, you're correct. Mr. Cruz: Plus you're building, too, a berthing place for a fire boat there, too. OK? Because I read the papers, you know. And another thing, I remember, too, when Lunetta and the management of the County, they tried to sneak on the City of Miami the extension of Miami Port. Remember? From 20th Street to 36th Street, 2nd Avenue Northeast to Miami Avenue, _ eliminate that to eminent domain? They tried to sneak that on us. So, you know, you got to be very careful Like today, I called Team Metro for a complaint about 17th Avenue, which is a major arterial. I had to go through five different phones before I get to highway and bridges of the County. First, 375-5656. They give me with a lot of music there. Then there comes another one. They even referred me to 575-6271, which is the City of Miami Public Works, too. And somebody there by the name of Alice, in the County, was arguing with me that 17th Avenue was City of Miami. Yes, I know it's City of Miami, but it's a major arterial. The County takes care of 17th Avenue. See, that's why I am very worried when you got the people, you know, 32 June 27, 1996 management people, because you don't answer to me. You answer to Armando Vidal, or somebody else and all that. But you don't answer to me. You answer to all the three Commissioners there. But he answers to me. Right? Commissioner Carollo: That's correct. Mr. Cruz: Thank you. Commissioner Dawkins: OK. Wait, now. Vice Mayor Gort: Thank you. Thank you. Commissioner Dawkins: Mariano, let me ask a question, so I can... Mr. Cruz: One thing. I'd like to see some of that money two fifty-three million and six million go to the neighborhood, to Bobby Maduro Stadium, to the parks, and all that, because the only thing, you promise us, but you never, never fulfill your promises. I know. I have the record. I don't have to look at a paper. I can mention to you, the only thing what we get at the Bobby Maduro Stadium, you use it for the homeless, and the homeless stay in Allapattah. Because you know what they were saying? Oh, in Bobby Maduro, you get free room and board. So they're still coming there gettting free room and board in the neighborhood. That's what we get in there, while they're doing all the big deals in downtown. Vice Mayor Gort: Thank you, Mariano. Your two minutes are up. Mr. Cruz: Right. Vice Mayor Gort: Thank you, sir. Commissioner Dawkins: Question, Mr. Mayor, please - Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Go ahead. ` Commissioner Dawkins: Mr. Manager, the new fire station, is that actually a replacement for the station over by Miami -Dade Community College? Mr.Odio: Yes. Commissioner Dawkins: Will we just be relocating it? Commissioner Plummer: Yes. Mr.Odio: Yes. ' Commissioner Dawkins: OK. I'm going to put on the record now, and I want it understood. I hope that this Commission and the next person who comes on this Commission will not give away any more City of Miami land. Now, if the City... If Miami -Dade is desirous of that property where the fire station is located now, then Miami -Dade must pay the appraised value of it. And don't tell me about how good Miami -Dade is to the City of Miami. Mr. Odio: Commissioner Dawkins... Commissioner Dawkins: I'm going on the record now. You've given the County all the land it J. needs, the what's that thing? - the motor pool. You sold them the Aministration building. 33 June 27, 1996 Every time I look, we are giving away the most precious asset we have, land. Do not plan, as long as I sit here, to give away any more land. And I put that in the record. That's all. Mr. Odio: Commissioner, may I just... Walter Foeman has looked at it. It would be an ideal place for our records management. I think you were going to look at that facility. Mr. Walter Foeman (City Clerk): I think we did look at it. We looked at some alternative sites, including the Sports and Exhibition... Commissioner Dawkins: I will put in the records again, I don't care who looked at it. Vice Mayor Gort: Mr. Dawkins, I think we all... Commissioner Dawkins: I do not intend to have to give it away. Commissioner Carollo: Commissioner... Vice Mayor Gort: I think we all agree with you. We're not going to give anything away. Commissioner Carollo: Commissioner, I am in full agreement with you, like Vice Mayor Gort, and if, after we're done with this issue, you would like to make a motion to that effect, I will be happy to second it. Commissioner Dawkins: Thank you, sir. Commissioner Carollo: And I will say this. That I am one that believes fully that you will be here for a long time. Commissioner Dawkins: Thank you, sir. Mr. Mayor, he wants to... Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Yes, sir. Mr. Joaquin Pujol: My name is Joaquin Pujol. I live in 2003 Southwest 25 Street. First, I get... I chatted with the City Manager, and he gave me some explanation about it, but I got confused. If you get confused figuring out the other side of the river. Where they going to pay for the Arena? Who going to pay for the Arena? Some going to be forty-five million dollars ($45,000,000) from the Heat, right? And the rest from the City of Miami. Vice Mayor Gort: No, sir. That's not the way it goes. Mr. Pujol: Or for the taxes. For the taxes? OK. The taxes runs from the hotel and restaurant, right? They're going to take it... it's already existed, that taxes. They going to take it from another location it's already in, another institution? They going to take that taxes from another institution? It's one question. Second, who going to pay for the land? They say six million dollars ($6,000,000), three million dollars ($3,000,000), nine million dollars ($9,000,000), and I don't know who going to pay for. Four, who will control the Arena? Who controls the Arena after he... they build? We going to be the same way that the old Arena? I mean, who's going to sell the hotdogs, the Coca-Cola, or another event can be in that Arena, who going to control? The City of Miami? The question is... because we made so many contracts in the past, the City of Miami don't control. For example, TCI (Telecommunications, Inc.). I'm going to show you later. Let me finish. Number five. Number six, why the taxes... the taxpayer in the future don't going to pay for anything? That's a good question, and you're going to answer that question. In the future, the taxpayers of Miami don't going to pay anything for that. Even bonds, even tax, anything. It's in the record. 34 June 27, 1996 Vice Mayor Gort: Sir, you got two seconds. You have any other questions you want to put on the record? Mr. Pujol: No, no. Vice Mayor Gort: OK. Thank you. We'll answer now. Mr. Pujol: I know... I know it's a short time... Vice Mayor Gort: Right. Mr. Pujol: ... but the questions, so many questions. Vice Mayor Gort: We'll answer your questions now. Mr. Manager, you want to answer the questions? Mr. Odio: Let me try one more time, if I can remember... Vice Mayor Gort: I think it should be very clear, the whole financing, including how it's being financed and what the City... Commissioner Carollo: Excuse me. Mr. Vice Mayor, did the gentleman give his name and address for the record or not? I Vice Mayor Gort: Yes, he did. Commissioner Carollo: OK. Very good. Thank you. Mr. Pujol: Excuse me. I'm going to ask you the question again. Mr. Odio: No, no. I got the questions. Mr. Pujol: In the future... In the future, the citizens of Miami don't going to pay anything, for any reason. I mean because a catastrophic something, a hurricane, a lightning, somebody died, but the citizens of Miami don't going to pay for anything in. the Arena. And who going to control the Arena, first? Ask the question. Mr. Odio: You have six questions. Mr. Pujol. Yeah. Mr. Odio: But number one... Mr. Pujol: First. Mr. Odio: ... the last one, the sixth, is no. The citizens of Miami are not going to pay for the... 35 June 27, 1996 �1 Mr. Pujol: It's in the record, right? Vice Mayor Gort: Excuse me, sir. Mr. Pujol: It's in the record? Vice Mayor Gort: Excuse me. Would you allow him to answer your questions. j . Vice Mayor Gort: This is being taped, and it's being recorded. Mr. Pujol: Thanks. Mr. Odio: You understand, no. The one on the... the Heat... The Arena will be controlled by the Miami Heat, a subsidiary company of Basketball Properties, Limited, and they are responsible for the operation of that Arena, any deficits, and they will also... have given substantial guarantees so that... Mr. Pujol: So... Mr. Odio: ... so that... you don't... so that no ad valorem taxes will ever be used to pay for that facility. Mr. Pujol: So... But the Arena is... the City of Miami wants to get them in there... Mr. Odio: The City of Miami is not involved. i Mr. Pujol: If it was an event... for example, the high school, they going to play basketball over there? Mr. Odio: They have to go and talk to the Basketball Properties, Limited. Mr. Pujol: So the City of Miami don't control that. Mr. Odio: No. No, sir. Mr. Pujol: It's the same thing like the old Arena. r-: Mr. Odio: No, sir. That's correct. Mr. Pujol: Yeah. It's the same thing like the old Arena. Vice Mayor Gort: Excuse me, excuse me, sir. He's answering the question. I don't want any argument back and forth. Let him answer your questions. Go ahead. 36 June 27, 1996 Mr. Odio: The Arena will be paid for from conventions development tax, part of it, part of it from the Heat commitments of monies, and part from the Miami Exhibition and Sports Authority. Those monies are not being taken from any institution, as you asked. They are not being taken from any other institution. They are excess taxes, in some cases, and pledges of revenues from the Arena itself, in other cases. That's sales tax. So that's the best I can explain it to you. There is no ad valorem taxes, or no new taxes being created to pay for this facility. Mr. Pujol: See, the reason I get confused... same like Commissioner Miller Dawkins, you know? He gets all confused. Mr. Odio: Well, I explained it to you before, but I'll be glad to sit down with you afterwards. Mr. Pujol: If he gets confused figuring it out... Mr. Odio: No, don't... Commissioner Dawkins is not confused. Mr. Pujol: No? Mr. Odio: No, he's not. Mr. Pujol: He almost hanging himself. Mr. Odio: He's not confused, believe me. Mr. Pujol: It's another thing or... You not going to say this. Who control the cable, TCI? Mr. Odio: That's not the issue here today, sir. Mr. Pujol: No, no, no. Vice Mayor Gort: Excuse me, sir. Mr. Pujol: It's related. Vice Mayor Gort: Excuse me. Excuse me, sir. You had two... Mr. Pujol: It's related. Vice Mayor Gort: Excuse me. You had two minutes to talk about this item. You have talked about this item. When the other item comes in, you are welcome to discuss them. It's not in front of us right now. We've got a long agenda waiting here, and we're not going to be debating with you all afternoon. Mr. Pujol: I understand. i, Vice Mayor Gort: OK? i iMr. Pujol: It's only... i Vice Mayor Gort: Your questions have been answered. It's only compare what happen in the Arena with a contract, we got to another 37 June 27, 1996 Vice Mayor Gort: Sir, sir, sir, you asked a question. The question has been answered. I will not allow a debate to take place, because we've got many people here waiting for other items, and we have other speakers who would like to speak. Mr. Pujol: Yeah, I understand that. Vice Mayor Gort: So your question has been answered, right? Mr. Pujol: No. Vice Mayor Gort: Well, we'll try to get it to you in writing, the whole complex, so you get the idea. C Mr. Pujol: No, because, see, I got... ror example, TCI, we don't control that... Vice Mayor Gort: Sir, that's not the item. That's not the item here today, sir. When that item... Mr. Pujol: It's the same thing. E Vice Mayor Gort: It's not the same thing. Sir, I'm going to ask you... Mr. Pujol: It's a contract for the City of Miami with an institution. Vice Mayor Gort: Sir, I'm going to ask you... It's not the same item. When that comes in front of us, you discuss it with us. OK? Mr. Pujol: When or who... Vice Mayor Gort: When that item comes in front of us, there will be a public hearing, so you will be able to speak. Mr. Pujol: I want to... Then I'm going to be in the City of Miami with each one of your offices, and your offices, City Manager, if you don't mind, to discuss it with you. Vice Mayor Gort: Right. Mr. Pujol: Personally. It's OK? Vice Mayor Gort: You're welcome to come to my office, and any one of our offices, any time you want to. Mr. Pujol: Yeah. How about... Same to you, Carollo? Mr. Odio: If I may? Commissioner Carollo: Sir, whatever you say is fine with me. Mr. Pujol: Miller? Commissioner Dawkins: Yes, by all means. Mr. Pujol: Mr. Plummer? City Manager? Commissioner Dawkins: You all pay me five thousand dollars ($5,000) a year to listen. 38 June 27, 1996 Mr. Odio: If you have any complaints about TCI, we have a person in the office. You can come in and sit down with that person and tell him about your complaints about TCI. Commissioner Dawkins: Well, I'll do better than that. You got a complaint with TCI, you come in my office, and you and I will call TCI. Mr. Pujol: Good. Vice Mayor Gort: Right. Commissioner Dawkins: OK? Mr. Pujol: Thank you very much. Commissioner Dawkins: All right, sir. f Vice Mayor Gort: Thank you. Mr. Pujol: You have a pleasant night. Vice Mayor Gort: Thank you, sir. Commissioner Dawkins: Thank you, sir. Vice Mayor Gort: Yes, sir. Mr. Manuel Gonzalez-Goenaga: Good morning. What time is it today? It's five o'clock. Sorry. Good afternoon. I just... My name is Manny "Boom -Boom -Boom" Gonzalez-Goenaga, and Mr. Pujol, feel secure with the Arena, because I have great trust and confidence in the new management that we are going to have in the City of - well, not new management. I wish we had a new manager - the new Mayor, and the new Commission, and hopefully, if things continue the way they are, I will be the dictator of Dade County. But I promised at the debate last night that I was going to be a benevolent dictator. And regarding the arena, I was there in a forum last night, a debate, and I said that I was in favor of the Arena, but I was also in favor of an arena for cock fighting - my constituents want that - and for the tourists, bullfighting. And we will have to amend many laws, but it can be done. It can be done. Thank you very much. Vice Mayor Gort: Thank you, sir. Do we have any further discussion? Yes, sir. Mr. Anthony Dawkins: Good afternoon, Commission. My name is Anthony Dawkins, president of the Inner City Youth Center, 7412 Northwest 22 Avenue. I just would like to say, in support of the idea of this Arena and the Miami Heat moving forward, I trust that this board will do what's in the best interest of this community, which it has already seemed to taken effect to adopt this issue. Certainly, the issue of jobs, efforts, advancements in job training and et cetera, will be a support to our community. However, also, the great efforts that the Miami Heat has made, not only to the Inner City Youth Center, but to the kids of this community, we have been able to put over 110 kids in college this year alone, in the efforts of the community, the efforts of the Miami Heat, and I ask you, I urge you to support it in whatever way it means. We need to set aside some of the by-gones, and let's take care of the business of this community. And I trust that this Commission will do that. Vice Mayor Gort: Thank you. Yes, sir. 39 June 27, 1996 Mr. Wayne Rowlins: My name is Wayne Rowlins. I'm at 800 North Miami Avenue. I am the executive director for Opportunities Industrialization Center, OIC of Dade County. I represent over 50,000 OIC alumni, many of which have gone from being public assistance recipients to taxpaying citizens. OIC supports the Miami Heat in its effort. The Miami Heat has been working in cooperation with OIC over the last nine months, in training young people to become entrepreneurs, in helping them to stay in school, to improve their grades. And what we have proposed to the Department of Labor is to provide job placement and job training for out of school minority youth, which the Deparmtent of Labor has approved and awarded OIC a contract directly as a result of the Miami Heat's efforts in working in partnership with us. We know that you're going to do the right thing and support the Miami Heat in its endeavor. And when it comes to job training and placement, don't forget about the... Don't forget about the forgotten people, the poor, the disenfranchised, the underserved populations of our community, and support job training and placement for these people in the construction, in the concessions, in every aspect of it, and give them opportunities to take part in the dollars that will be generated through these opportunities. Thank you. Vice Mayor Gort: Thank you, sir. OK. Being there are no further speakers, close the public hearing. We're ready for a motion. Item 1 first. i Commissioner Carollo: I make a motion, Mr. Vice Mayor, on item 1. Vice Mayor Gort: Motion to approve. Is there a second? Commissioner Plummer: I'll second it with the amendment of the three changes - not three changes - but in reference to the makup of the board. Commissioner Carollo: J.L., why don't you read that into the record, what you want it to say. Let's make it real clear. Commissioner Plummer: Exactly what was there before, Joe. Hold on. I'll be happy to. Vice Mayor Gort: It's all there. Commissioner Plummer: Excuse me? It's page 28, isn't it? Yeah. As it was on page 28 before, i the board shall meet and nominate by majority vote, shall select and appoint a fifth member - that's what I'm speaking to, the fifth member - who shall be either... no. Shall be... Shall not be a City or County Commissioner, or an employee of either the City or the County. That's the first revert back. The second one that I have was the studies of the... Is that on this one? Commissioner Carollo: OK. So let me go back over the first one. Commissioner Plummer: OK. Commissioner Carollo: You do not want it to be either another City or County Commissioner, or an employee of either body. Commissioner Plummer: It was to be, Joe, as originally proposed, it was to be an independent person selected by those four. Commissioner Carollo: Well it... If I remember, the original wording that we had discussed was that it could be an independent person from anywhere, whether the County government, City government, State government, or from the general public. That was the original intention that we had before. I thought your... 40 June 27, 1996 10 Commissioner Plummer: My understanding was that it would be somebody totally independent. Commissioner Carollo: Yeah. I thought your... Commissioner Plummer: OK? And that's the way I think it should be. I mean... Commissioner Carollo: Well, no, J.L., it's... You know, I really don't have a major problem with it. I... Commissioner Plummer: OK. The other one is the hundred thousand maximum for the studies that are to be done on the traffic and the security, and that the parking will be so designated on the port as a part and parcel thereof of 2500 parking spaces. I second the motion. Commissioner Carollo: OK. Vice Mayor Gort: OK. Do you accept the amendment? v.; Commissioner Carollo: I accept the amendment. Vice Mayor Gort: OK. Amendment accepted. Is there any discussion on the motion? Being in none, all in favor, state by say... Commissioner Plummer: Well, you know, just one... Commissioner Dawkins: Call the roll. Commissioner Carollo: Call the roll on this one. Commissioner Plummer: Go ahead. Commissioner Carollo: Yeah, let's call the roll on this one. Commissioner Plummer: We still got 1-A. Vice Mayor Gort: Call the roll. Mr. Walter Foeman (City Clerk): Roll call. Commissioner Carollo. Commissioner Carollo: I'm voting yes. I'd like to make the following statement. I don't think that there is anyone here, at the County, anywhere, that's fully happy with the outcome of this, but I think this is the best that we could have done for Miami and for Dade County. It's the best. Otherwise, we would have lost a lot more than the Miami Heat and what it represents. We would have lost thousands of jobs. We would have lost an opportunity to have started a new downtown Miami, a new era for our downtown that, not only for the City of Miami, but, yes, for Dade County. It's a life or death situation for our economy. Out of each dollar that in the City we bring into our coffers from our properties, thirty cents out of each dollar comes from downtown Miami. I think we need to go back to the history of all this a little bit and remind the public why we are here today. Back when three out of the four members of the Commission that are here today were sitting here, back when the original idea came before this Commission to build an arena for the Miami Heat, back then, there was a different management team at the helm of the Heat. Some people say, "Well, why did you build the Arena the size that you did? Why shouldn't it have been bigger?" Well, the truth of the matter is that the Arena that we built is 300,000 square feet. The new one that we're going to build is almost three times the size, approximately 800,000 square feet. We built the Arena that was built at the time for two 41 June 27, 1996 reasons. One, it was only the City of Miami that took the gamble, that took the chance to move forward, put its money up, and build it. We didn't receive any help back then from other governmental sources, whether in Dade County or from Broward County. The only reason that today, we're able to have a basketball team and a hockey team, professional basketball and hockey in Miami. And a lot of what I think it's brought to Miami is because the City of Miami was able to stand up and take a chance when no one else was willing to do it. Yes, it would have been great to have been able to have built a much more grandeur Arena, but we were able to build what we did, based upon the dollars that we have. The City of Miami does not have the budget that Dade County has or that Broward County has. Our resources are limited. But if it hadn't been for us, you would not have today professional basketball or hockey in Miami. At the same time, the individuals that were negotiating for the City of Miami back then that were the City employees that were assigned to the negotiations by our City Manager, in good faith, they were making - what were they making, Cesar, fifty thousand a year ($50,000) or so back then in salaries? - recommended to us that the lease should be for no more than ten years." The Heat was willing to give us at least a 15-year lease. The recommendations that we were given by our negotiators, our so-called experts, was, "No, don't make it more than ten years. At the same time, the Heat owners at the time, the management team, the general managers had expressed to us satisfaction at that time with the criteria that we were working on, that what we finally offered to build was sufficient. Unfortunately, later on, for whatever the reason, the gentlemen that were assigned by our Administration to negotiate for us - the ones that said, "No, don't take a 15-year or even a 20-year contract, do a ten-year, because that's what's in the best interest for the City, - somehow ended up working for the other side. They claim that they are multimillionaires now. You know, God bless them. At the same time, a couple of years ago, only, you know, no more than two years ago, there was a major change that came in the Miami Arena, and that was that the ownership of Decoma and Leisure Management, the people that are managing the Arena, changed. The Heat, again, were willing to sign an additional lease extension of another two to three, even four years, in addition, which means that beyond the present two years that the Heat are under contract to play in the Arena, we would have had another two to three, four more years where they would have had a contract to play here, we would not have faced the situation that we have faced today, where we had to negotiate with the competition that Broward County gave us. We would have been able to have done this in a process that, I think, we all would have been much more happy with, and a slower type of process, that we could have discussed it until everybody got tired of having discussed it. The truth of the matter is that we never, never would have thought that our neighbors across the border into Broward would have come here to try to take our team away. You know, some people call it "steal our team away." What do you think would have happened if Dade County would have gone into Broward and tried to have done the same thing to them? I think you would have heard a lot more that what you've heard today. At the same time, we weren't aware of some of the changes that had gone on. We weren't aware that some of the players that were dealing with us were actually lobbyists for the new management team in the Arena; the same management team that was telling us we could not negotiate with the Miami Heat, that we couldn't even talk to them, otherwise, they would sue us. But, gee, they had a contract with us, and they went into Broward County. And in the present arena that Broward County is building today, guess what? These are going to be the same guys that are going to manage it up there. Is that a conflict or not? Furthermore, while maybe this might not be the ideal contract that we would have liked to have ended up with, and maybe this might not have been the ideal location that many of us would have liked to have seen - the other side of Biscayne Boulevard would have been my favorite location - the truth of the matter is that if it hadn't been... If we wouldn't have had the local people that are in control of the Heat, like Mickey Arinson and others that were willing to give up a much better deal, a much better financial deal in Broward County than we gave them here... If the Heat would have taken the deal that Broward County gave them, they would have saved millions of dollars. This is the deal that the Panthers have gotten in Broward. And every day, it's gotten better for them in Broward, while every day, we ask the Heat to give more to us. If it hadn't been that Mickey Arison was able to say, "Hey, I'm from 42 June 27, 1996 r� Miami, I want to keep my team in Miami, I want to keep my ships in Miami" - because don't kid yourself, that was next in line, to try to convince the Arison's to move the bulk of the cruise ships to Port Everglades in Broward County - you know what? That would have been millions, frankly billions of dollars that Broward County would have taken from our economy, and thousands of jobs. So having said that, I am grateful that we were able to win a battle that no one thought that we could win. And this is a battle that time will tell and prove, that was won for the benefit of Miami, all of Miami. I vote yes. Mr. Foeman: Continue roll call. Commissioner. Plummer. Vice Mayor Gort: Thank you. Commissioner Plummer: Very very quickly. To those who say, "What is the City getting back J' out of this deal? That the City's not getting anything," I think just in a nutshell, six million ($6,000,000) is the downstroke, two hundred and fifty-three million ($253,000,000) over the 45 years, and we keep the Heat in the City of Miami. I vote yes. Mr. Foeman: Commissioner Dawkins. Commissioner Dawkins: I vote yes, and I have a statement to make after the vote. Mr. Foeman: Vice Mayor Gort. Vice Mayor Gort: Before I vote... I'm going to vote for it because of all the statements I made before, but before I do that, I'd like to introduce my youngest daughter, Tatiana, because she wanted to work here today, and she's sitting behind me. And the reason we were laughing a little while ago is a little note that she passed to me, "Yes." Commissioner Plummer: She told him how to vote. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 96-462 ! A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 43 June 27, 1996 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. Commissioner Dawkins: OK. That's the vote, Mr. Clerk? Mr. Foeman: Yes. R.j Commissioner Dawkins: I'd like to say... (APPLAUSE) Commissioner Carollo: Use the other hand to get that gavel, Willy. Vice Mayor Gort: Thanks a lot, Joe. I needed that. Commissioner Dawkins: I'd like to say that as elected officials, we're damned if we do, we're damned if we don't. If we had not completed this, we'd have been bad fellows. We completed it. We're still bad fellows. But Joe hit the nail on the head when he said if the Heat management had not changed, we would not have a deal. It's only because Mickey decided that Miami was his town, and he was going to stay here, do we have this deal. But I, for one, would be remiss if I were not to tell you that this Arena should have been east, of wherever it is, which is west of Biscayne Boulevard. We constantly say that we are concerned about Overtown, and we'll never, ever be concerned enough to do anything. This City Commission, rather than build - Joe was not here, so I... don't look at him - but rather than build a new City Administration Building on land that the City of Miami owned in Overtown, they preferred to buy the old Florida Power & Light f Building. How can I convince Mickey Arison and others to invest in Overtown if the City of Miami doesn't invest in Overtown? Now, we are putting the Performing Arts Theater on Biscayne Boulevard. Nothing in Overtown. I've still got about thirty-five million dollars ($35,000,000) worth of debt on the old Arena. Nobody is talking about that. But I would hope that those who worked hard, like Arthur Teele, and others, to find the money for the Performing Arts Theater, and to find money for other things, will work with this City Commission as it carries out its promise to rebuild Overtown. Thank you. Vice Mayor Gort: Thank you all. Item CA-2. j Vice Mayor Gort: Oh, we need 1-A. I'm sorry, 1-A. Is there a motion on 1-A. 44 June 27, 1996 Commissioner Carollo: There is a motion for item 1-A. Commissioner Dawkins: Second. Vice Mayor Gort: Motion to move, and seconded. Is there any discussio in 1-A7 Call the roll. Mr. Walter Foeman (City Clerk): Roll call, Commissioner Carollo. Commissioner Carollo: Yes. And while voting yes, I'd like to state the following for the record, because my colleague brought up something that is very important, and we should explain to the public what the solutions are. The present Arena that we have will be in use until the new Arena will be built, in the same way, right now, that it's being used. Once the new Arena is built... And I'm somewhat limited in what I'd like to express, because we might very well be in some major litigation in the courts soon, beyond the present lawsuit that we're involved in as of a week and a half or two ago. The present Arena will have a use, a major use. We're happy with some of the conversations that we've had. For instance, there are owners of other teams. For instance, there's Triple A, a professional hockey team that would like to come to this Arena. We have an indoor Arena and football team that wants to come here. There will be a life for the present Arena, and at the same time, let me say this, that even, you know, for those that have talked about doom, that we would have to shut off, the lights down, and close the doors - which will never happen - I say this to those. If, even if they were correct, which they are not, the funds that we're going to be having on a yearly basis at the Sports Authority, which is the owner of this Arena, will be receiving will be sufficient to pay the debt on this Arena. So what I am saying is not to be worried, that we will take care of the situation of this present arena when the time comes in a way that everyone will be satisfied with it, and it will have a future. Mr. Foeman: Continuing roll call, Commissioner Plummer. Commissioner Plummer: Yes. Mr. Foeman: Commissioner Dawkins: Yes. And as voting yes, before we built the Arena, a feasibility study was done. The feasibility study stated that at that time, there was no Miami Heat, and that the Arena could support itself, and I still hold to that fact, that with or without the Miami Heat, we can put enough events in that Arena to make it pay for itself. Mr. Foeman: Vice Mayor Gort. Vice Mayor Gort: Yes. And before the new Arena is built, I think that it will take about a year and a half to two years, and there's a lot of individuals looking at a solution for the old one. Yes. OK. Thank you. 45 June 27, 1996 t' k E'. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 96-463 A RESOLUTION, WITH ATTACHMENT, APPROVING THE EXECUTION OF AN ASSURANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE CINCO, MIAMI HEAT LIMITED PARTNERSHIP AND BASKETBALL PROPERTIES, LTD., IN CONNECTION WITH THE DEVELOPMENT OF AN ARENA IN THE MARITIME PARK PROJECT, TO BE DEVELOPED ON CITY -OWNED PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME UPON FULFILLMENT OF CERTAIN CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Mr. Odio: Mr. Gort, Mr. Gort, may I say something, please? Vice Mayor Gort: Yes. Mr. Odio: On the assurance agreement, we have to notify the Heat of any future litigation we have been already served, so you're on notice on that. As far as the... I did... I want to thank Commissioner Carollo, and Christina Cuervo of my staff, and the lawyers on the City Attorney's staff. They have worked tremendously, you know, with really detail on this. It was tedious and many hours of meetings, and I really want to thank them. And Plummer, at one time, was involved on that, too, so thank you so much. Commissioner Carollo: Well, I think that what we showed in this was that even when everyone thought that it was all over for us in Miami, in Greater Miami, that if we can unite on an issue, like we did here, Miami, City of Miami, Dade County government and the private sector, that we could accomplish almost anything that we would want to for Miami. So I think this has set a good example for what can come in the future. If we work together, we'll be accomplishing i some great things for Miami in the future. Vice Mayor Gort: OK. Thank you all. 46 June 27, 1996 - - - - - - - - - - ---------------------------------------- 9. AUTHORIZE CITY ATTORNEY TO HIRE OUTSIDE COUNSEL THOMAS SCOT'T--NOT TO EXCEED $25,000 -- MIAMI SPORTS AND EXHIBITION AUTHORITY LAWSUIT. ---------------------------------------------------------------------------------------------------------------- Mr. Jones: Mr. Vice Mayor. Vice Mayor Gort: Yes. Mr. Jones: Before you proceed, if I could, briefly. You instructed me to, if and when we, the City,.was sued concerning this non -compete clause which was made reference to, you instructed me to hire someone. So I did do a memo to you today. I engaged the services, subject to your approval, of former Federal Judge Tom Scott. I think we'll do an excellent job, and I 'ust need your approval for it, for, say, an initial allocation of, say, twenty-five thousand dollars (M,000). So... Because the Complaint needs to be answered, and there's a whole route of discovery that needs to be done. Commissioner Dawkins: That's your recommendation, Mr. City Attorney? Mr. Jones: Yes, Commissioner Dawkins. Commissioner Dawkins: So move. Vice Mayor Gort: It's been moved. Is there a second? Commissioner Carollo: There's a second. Commissioner Plummer: Excuse me. I have a question. Is the lawsuit directed at the City or at the Sports Authority, or both? Mr. Jones: Both, Commissioner. Commissioner Plummer: OK. Vice Mayor Gort: OK, it's been moved and seconded. An further discussion? y y Commissioner Plummer: I'd like to see a copy of it. I read about it... Mr. Jones: Commissioner, I... You should have a copy tomorrow morning. The only reason I held off was until I had confirmed the engagement. Commissioner Plummer: OK. I , ' Mr. Jones: So you'll receive copies tomorrow. I, i Commissioner Plummer: All right. Vice Mayor Gort: Any further discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. 47 June 27, 1996 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO, 96-464 A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF DAVIS, SCOTT, WEBER & EDWARDS, TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN CONNECTION WITH THE LAWSUIT, DECOMA MIAMI ASSOCIATES, LTD. VS, CITY OF MIAMI AND MIAMI SPORTS AND EXHIBITION AUTHORITY, ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 96-12055 CA 02, WITH FUNDS FOR SAID SERVICES NOT TO EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO.620103-653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Do you want to speak on this item, sir? Mr. Manuel Gonzalez-Goenaga: How can I speak on something that I don't know? Vice Mayor Gort: OK, sir. J ---------------------------------------------------------------------------------------------------------------- I . 10. CONSENT AGENDA Commissioner Dawkins: OK. CA-1. Under CA-1... Mr. Manuel Gonzalez-Goenaga: I want to speak on CA-1. Commissioner Dawkins: OK. Well, what I need to know from Mr. Manager or the City Clerk... Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Dawkins: On page 1, it says nine thousand dollars ($9,000). In the resolution, it says nine thousand ($9,000). But in the first paragraph, it says... You are right. 48 June 27, 1996 Yr i Commissioner Dawkins: ... not to exceed twenty thou.., six thousand. What's the difference there? Mr. Odio: Make it for nine thousand dollars ($9,000). This is... should not be like that. Commissioner Dawkins: And go down there where... not to exceed to twenty-six thousand ($26,000). Change that to nine ($9,000). } Mr. Odio: Make it to nine thousand ($9,000), period. Commissioner Dawkins: Wait a minute, then. All right. On page 3, change that to nine thousand ($9,000). OK? Commissioner Carollo: OK. Nine thousand ($9,000). Commissioner Dawkins: And on page... OK, page 4, it says nine thousand ($9,000). Let's see, where else in here where... OK. So nine thousand ($9,000) total. OK. I move it at nine i thousand ($9,000). Commissioner Carollo: Second. Commissioner Plummer: On CA-2... Commissioner Dawkins: OK, 1, OK. Vice Mayor Gort: Wait a minute. We're still on CA-1. Mr. Gonzalez-Goenaga: CA-1... Commissioner Plummer: I wish to speak on CA-2... Vice Mayor Gort: OK. We're still on CA-1. Commissioner Plummer:... and then come back to CA-1 later. Vice Mayor Gort: OK. Please make sure that the person... the applicant realizes that we do not . issue the beverage license, that they have to apply to the State of Florida for that. We're approving... We're not disapproving them applying. OK. Just so it's known. I don't want to have a problem later. Commissioner Dawkins: All right. What is CA-3? Vice Mayor Gort: OK. Commissioner Carollo: Anything else here? Before we... Does this Commission have anything (; else that it needs to make a change in? Commissioner Dawkins: No. We got CA-4, so we... Now, so we're moving all of the CA items �. now; is that correct? Commissioner Plummer: He wishes to speak on one of them. Vice Mayor Gort: He wants to speak on 1. Yes, sir, go ahead. 49 June 27, 1996 Commissioner Carollo: Mr. Goenaga, hold on for a minute. Mr. Miranda, Mr. Miranda? I guess he didn't want to speak on anything. He's been sitting here. This is the second meeting he comes where he's staring myself and Commissioner Dawkins down. Everyone has a right to come and sit here, of course, and this is democracy at work, but I just wanted to give him the opportunity, if there is anything that he has to say, he can come up and say it, or if he wants to clear up if he's here on his own, or if the person that pays his salary has sent him, you know, he might want to clear that up, too. Because this is a government that's not going to be run through intimidation or anything else. I guess he has nothing to say. Commissioner Dawkins: Mr. Goenaga, Boom -Boom. Commissioner Carollo: Mr. Gonzalez, you're up. Mr. Gonzalez-Goenaga: Well, I feel very relaxed after that body guard left. He stole... Commissioner Carollo: Excuse me, Mr. Gonzalez. This gentleman is not a body guard. He's... Vice Mayor Gort: Excuse me. We're dealing with... Commissioner Dawkins: Hold it, hold it, hold it. He's not... That's not on... You're not speaking to the issue. Commissioner Carollo: He's an impersonation of a body guard. Mr. Gonzalez-Goenaga: Oh. Well, see... Vice Mayor Gort: Excuse me. Commissioner Carollo: And I am referring to Mario Miranda Blas. Mr. Gonzalez-Goenaga: I also refer to him. Commissioner Carollo: Thank you. Commissioner Dawkins: I call the order of the day. Vice Mayor Gort: Excuse me, Commissioner, we're dealing with item CA-1. Mr. Gonzalez-Goenaga: CA-1. Commissioner Dawkins: I call the item of the day. Vice Mayor Gort: Yes, sir. Mr. Gonzalez-Goenaga: I go to the heart of the matter, but it has already been cleared by Mr. Dawkins, but I go a little beyond that. This is not the first time these items with the wrong numbers come before this Commission. You know, there is a big difference between twenty-six thousand dollars ($26,000) and nine thousand dollars ($9,000). And this is peanuts in comparison to the disclosure statements that are given constantly to these Commissioners. And most of the time, with the previous Commission, let's face it, everything was passed under the table. Now, we are over the table. And let me tell you, if, in a private company or a public i company, there is a chief executive officer doing these things, he probably would be behind bars. Thank you. 50 June 27, 1996 1 ra 04 Vice Mayor Gort. Thank you, sir. OK. Any... Do I have a motion to move the consent agenda? Commissioner Dawkins: Yeah, I moved it. Vice Mayor Gort: It's been moved. Is there a second? Is there a second? Commissioner Plummer: ' Oh, I'm sorry. A. Quinn Jones, III, Esq. (City Attorney): Consent agenda. Vice Mayor Gort: There's a motion for the consent agenda. Is there a second? Commissioner Plummer: Second. Vice Mayor Gort: It's been moved and seconded. Any further discussion? Hearing none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMPISSION, IT TERMINED 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 DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. 51 June 27, 1996 10.1 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH JUAN M. DIAZ-- FOR PROFESSIONAL GEOGRAPHIC DATABASE SERVICES --ALLOCATE FUNDS ($9,000) RESOLUTION NO. 96-465 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JUAN M. DIAZ FOR PROFESSIONAL GEOGRAPHIC DATABASE SERVICES IN CONNECTION WITH THE CITY'S GEOGRAPHIC INFORMATION SYSTEM (GIS) ADVANCEMENT, IN THE AMOUNT OF $9,000, FOR THE PERIOD JUNE 1, 1996 TO DECEMBER 31, 1996; ALLOCATING FUNDS THEREFOR FROM THE 1995/96 OPERATING BUDGET OF j. THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION, ACCOUNT NO.561201-270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10.2 EXPRESS APPROVAL OF APPLICATION FOR TWO-DAY STATE LIQUOR PERMIT BY FLORIDA INTERNATIONAL RESTAURANT AND HOTEL EXPO, INC.--FOR DISPLAY AND CONSUMPTION AT COCONUT GROVE CONVENTION CENTER (JULY 27-28, 1996)--COMMISSIONER PLUMMER REQUESTS ADMINISTRATION TO ENSURE APPLICANT KNOWS BUSINESS LICENSE MUST BE OBTAINED WITH THE STATE OF FLORIDA RESOLUTION NO.96-466 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING APPROVAL OF THE APPLICATION FOR INTERNATIONAL RESTAURANT & HOTEL EXPO, INC. FOR THE DISPLAY BY MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED UNDER THE STATE BEVERAGE LAW, AND ALSO FOR CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES OF THE COCONUT GROVE CONVENTION CENTER, MIAMI, FLORIDA, DURING THE PERIOD OF JULY 27-28, 1996, SUCH APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE STATE'S ISSUANCE OF SAID PERMIT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 52 June 27, 1996 10.3 ACCEPT PLAT: ENTITLED MIDDLE GROUND SUBDIVISION. RESOLUTION NO.96-467 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED MIDDLE GROUND SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOW ON SAID PLAT; 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.) 10.4 ACCEPT PLAT: ENTITLED REVISED PLAT OF BLUDWORTH SUBDIVISION. RESOLUTION NO.96-468 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED REVISED PLAT OF BLUDWORTH SUBDIVISION, 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; 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.) Vice Mayor Gort. Item 3. 1. Commissioner Dawkins: Move... Defer. Commissioner Plummer: OK. Vice Mayor Gort: You're moving to defer item 3? Commissioner Dawkins: Yep. 53 June 27, 1996 Vice Mayor Gort: OK. 1 Commissioner Plummer: I always uphold the request of a constituent, and I'll second it, but if I could, I'd like to ask what he's trying... Vice Mayor Gort: It's been moved and seconded. Discussion. Commissioner Dawkins: Beg pardon? Commissioner Plummer: Defer for what reason? Commissioner Dawkins: I don't know nothing about it. Commissioner Plummer: OK, that's good enough. Vice Mayor Gort: That's a great reason. All in favor, state so by saying "aye." The Commission Collectively: Aye. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-469 A MOTION TO DEFER AGENDA ITEM 3 (PROPOSED RESOLUTION ALLOCATING $1,067,000 OF 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPLEMENTATION OF TWO PREVIOUSLY APPROVED HOUSING PROJECTS AND FOUR PREVIOUSLY APPROVED PUBLIC FACILITIES AND IMPROVEMENT PROJECTS). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. Vice Mayor Gort: Item 4. Mr. Mariano Cruz: Three, what about 3? Vice Mayor Gort: We deferred item 3. 54 June 27, 1996 Commissioner Plummer: That was item 3. It was deferred. Mr. Cruz: Oh, it was deferred? Commissioner Plummer: Yeah. Commissioner Dawkins: I don't know anything about it. ------------------------ - ------------------------------------------------------------------- 12. DEFER CONSIDERATION OF PROPOSED RESOLUTION NOMINATING FIVE INDIVIDUALS PER NEIGHBORHOOD, TO REPRESENT ALLAPATTAH, LITTLE HAVANA, MODEL CITY, OVERTOWN AND WYNWOOD ON FEDERAL ENTERPRISE COMMUNITY COUNCIL. ---------------------------- ---------------- Vice Mayor Gort: Item 4. Commissioner Plummer: I move for deferment on that. Commissioner Dawkins: OK. Anybody... Vice Mayor Gort: It's been moved. Commissioner Dawkins: Who moved 4? Vice Mayor Gort: Is there a second? Commissioner Dawkins: I... J.L., you moved 4? Commissioner Plummer: Yeah. i Commissioner Dawkins: Second. Vice Mayor Gort: OK. All in favor, state so by saying "aye." f The Commission Collectively: Aye. I Vice Mayor Gort: Unanimous. 55 June 27, 1996 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-470 A MOTION TO DEFER AGENDA ITEM 4 (PROPOSED RESOLUTION NOMINATING FIVE INDIVIDUALS, PER NEIGHBORHOOD, TO REPRESENT THE NEIGHBORHOODS OF ALLAPATTAH, LITTLE HAVANA, MODEL CITY, OVERTOWN AND WYNWOOD TO SERVE ON THE FEDERAL ENTERPRISE COMMUNITY COUNCIL). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. -- ------------------------------------------------------------------------------------------------------------- 13. SUPPORT INCLUSION OF MIAMI'S SPECIFIC PROJECT PROPOSALS WITHIN DADE COUNTY PARKS, RECREATION, BEACHES, AND YOUTH FACILITIES MEASURE OF 1996--(SAFE NEIGHBORHOOD ACT) -- $200,000,000 BOND -- COUNTY REFERENDUM. Vice Mayor Gort: Item 5, Dade County Park, three hundred million dollar ($300,000,000) bonds. �. Commissioner Plummer: OK. Mr. Vice Mayor, I asked for this to be deferred, and I would ask the Finance Department if they have done the calculation that I asked for, and that calculation was very simple, of a two hundred million dollar ($200,000,000) bond issue, how much of that will be paid by the citizens of the City of Miami, and are we getting a like percentage back for City parks? And that's really the very simple crux. My people, in past bond issues, have not been dealt fairly with, in the fact that the three hundred million dollar ($300,000,000) bond issue, when I asked what was the City getting back, I was simply told that we got Vizcaya rebuilt, we got Dade County Auditorium rebuilt, and we got Rickenbacker Causeway. Well, that didn't... !! My people paid 30-some percent of that. Hello? Is there anybody here from the Finance f, Department? 56 June 27, 1996 Mr. Manohar Surana (Assistant City Manager): Yes, sir. Commissioner Plummer: Of the two hundred million dollars ($200,000,000), how much of that will be paid for by the citizens of the City of Miami? Mr. Surana I don't know the information, sir. Commissioner Plummer: Then I'll ask this matter be deferred. I asked that at the last meeting. Mr. Hank Adorno: I can answer it. Commissioner Dawkins: Second it. Vice Mayor Gort: It's been moved to defer. i Commissioner Dawkins: Which one is that? 1 Commissioner Plummer: In reference to item 5, I asked at the last meeting that this... E Mr. Cesar Odio (City Manager): What is the question? Commissioner Plummer: All right. Vice Mayor Gort: This is the item that has to do with... Commissioner Plummer: Simple question. Vice Mayor Gort: ... the proposed two hundred million Dade County Parks and Recreation, Beaches, use facility. Mr. Odio: And what is the question, sir? i Commissioner Plummer: All right. The question is, it's a two hundred million dollar bond issue. Mr. Odio: Yes. L' Commissioner Plummer: How much of that issue is being paid by the City of Miami... Mr. Odio: Oh, the percentage of taxes paid by the citizens. Commissioner Plummer: ... and are we getting back at least that amount for the citizens who June 27, 1996 Vice Mayor Gort: Excuse me, excuse me. Commissioner Plummer: May I finish? Vice Mayor Gort: Yes. Commissioner Plummer: Mr. Adorno is a very fine individual, and he is supporting a very fine issue, but I'm supporting my people, and I asked, explicitly, at the last meeting, that my Finance Departmet, who I pay, come back with these numbers. OK? Now, if nobody can answer it, then... Commissioner Dawkins: Then we defer it till the next meeting, and they'll have to answer it. That's all. Commissioner Plummer: That's... f. Mr. Surana: We didn't ask that. Mr. Odio: Commissioner, you know, we checked every single thing that was said in the Commission meeting, and you may have asked somebody about that, but not in the Commission meeting. Commissioner Plummer: Sure did. Mr. Odio: I wanted to correct... I will... Commissioner Plummer: OK. Well, it's... Mr. Odio: ... bet you... Commissioner Plummer: Fine. Let me, then, since nobody on my side can answer, let the expert over here on this other side answer. Vice Mayor Gort: Go ahead, sir. Mr. Adorno: Hi. Hank Adorno, 2601 South Bayshore Drive, Miami, Florida. I am here in my citizen capacity, not a professional capacity. I sit as chair of a Florida civic not -for -profit by the name of Trust for Safe Neighborhood Parks, which is a civic organization that is trying to convince the County Commission to place on the November ballot a two hundred million dollar ($200,000,000) general obligation referendum for capital improvements to all parks within the boundaries of Dade County. I have a presentation, but to answer your direct question, Commissioner Plummer... And this is based on information that was provided to us by Dade County through their Property Appraiser's Department, and it indicates the following. The City Miami, based upon population and taxes today, would be paying in approximately one million dollars ($1,000,000) a year as a result of a two hundred million dollar ($200,000,000) bond issue. They are anticipating that the bonds would be paid off over a 25-year period. So by my math, that approximate amount would be twenty-five million dollars ($25,000,000) paid in by the City of Miami residents. Based upon the allocations that are before you, the allocations that - we've met with your staff and that we're asking for you to approve - the City of Miami would be receiving twenty-one million six hundred and seventy-five ($21,675,000) from the bond issue. Now that is... goes directly to the City of Miami to be used in City of Miami Parks. In addition to that, there's approximately about seven poin five million dollars ($7.5 million) that will be spent on County facilities which are located within the City of Miami boundaries. For example, 58 June 27, 1996 we were so excited about the Virrick Gym Project that the County agreed to throw two million dollars ($2,000,000) into that project so we could really do the kind of youth center that I think everybody envisions in that facility. In addition to that, Commissioner, you have to recognize that there are regional facilities, that although they're not within the City of Miami boundaries, such as Metro Zoo, but there are facilities that are used by the citizens of the City of Miami. So even looking at it as simply as dollar in/dollar out, I can tell you - and you are the last municipality that I have appeared before, and I have gotten resolutions from all to date - the City of Miami fares better than any other municipality on strictly a dollar in/dollar pay versus dollar being received from the entire proceeds. And on top of that, of the two hundred million dollars ($200,000,000), there are twenty million dollars ($20,000,000) that are set aside for competitive grants. Ten million dollars ($10,000,000) of that amount are set aside for at risk programs, mainly for inner city. There are significant sections of the City of Miami - Overtown, Allapattah, and those areas - that are absolutely prime areas that could petition for any of that ten million dollars ($10,000,000) in grant money. And then there's another ten million dollars ($10,000,000) that have been set aside for endangered lands. I don't know whether there are any within the City of Miami, but I think on that dollar in/dollar out, I think the City is being well reprsented in the negotiations with your staff. Commissioner Plummer: Can I ask Mr. Ruder? Vice Mayor Gort: Let... Commissioner Plummer: Mr. Ruder, I didn't see a twenty-one million dollar ($21,000,000) wish list from you. What is... How much are you showing? Mr. Alberto Ruder (Director, Parks and Recreation): Well, I'm showing what Hank said. There's eighteen million ($18,000,000) of specific grants, which we have to get into details, and you have that in your package. Then there's a per capita portion, which is three point six-seven- o (3.670), and that's Exhibit B. So when you add those two together, it's twenty-one point six - seventy (21.670) that we're getting. Commissioner Carollo: Almost twenty-two million dollars ($22,000,000). Mr. Ruder: Right. Commissioner Plummer: Well, plus the seven of the regional aspects. Mr. Adorn: Yeah. Commissioner Plummer: OK. Vice Mayor Gort: Now, my understanding was in front of us today is a resolution approving so the voters... Commissioner Carollo: Absolutely. i Vice Mayor Gort:... could vote on this. Commissioner Plummer: Oh, yeah. Commissioner Carollo: What we're doing for Mr. Adomo and his group is to approve what parks we're designating, what parks we want that money spent, if the voters of Miami so decide that they want to approve this. Now, it is not this Commission that's placing this item in the ballot. We're not making the decision to place it on the ballot here. It's not up to us to do that. i 59 June 27,1996 It's up to Dade County. They're doing that. What we're doing is designating the parks that we would want that money to go to if the voters approve this bond issue. And having said that, I'd like to compliment Hank Adorno and so many other people that have worked with him on this. They really have taken a lot of their personal time and money to try to do something that they believe is in the best interest of this community, and, you know, the final decision is up to the voters of Miami, to Dade County Commission to vote upon it on the second reading to place on the ballot. But regardless of how this fares, I think that Hank and his group have to be complimented on the work that they've done, and the hours that they have spent on this, on behalf of our community. Vice Mayor Gort: Commissioner Dawkins. Commissioner Dawkins: Mr. Adorno, what is an at -risk park? Mr. Adorno: The definition that we're giving... It's not an at -risk park. It's a park that would service an at -risk community, for the most part. Commissioner Dawkins: What is an at -risk community? Mr. Adorno: It would be by way of... In the City of Miami, I would believe the Overt own area would be an at -risk community, I believe sections of Allapattah would be, sections of Wynwood... Commissioner Dawkins: Like Wynwood? Mr. Adorno: ... sections of Little Haiti, if they're in the City of Miami. Commissioner Dawkins: Well, OK. Well, let's find... Mr. Adorno: Liberty City... Commissioner Dawkins: Let's find another word instead of "at risk" and say "inner city parks." Mr. Adorno: Let me read the exact language. "Pursuant to Section 3C-1, an amount not to exceed ten million dollars ($10,000,000) shall be dedicated to park, recreation and open space acquisition, and development in areas that are identified as economically and/or socially disadvantaged, consistent with Federal guidelines that at least 51 percent of the residents live at or below 80 percent of the County median income, and which possess a documented deficiency in recreation and open space opportunities, which is defined by the difference between the area supply and the area demand for facilities, program and services." And I didn't write that, but it sounds pretty good. l Commissioner Dawkins: Do you agree with it? I ` Mr. Adorno: Oh, I absolute... You know I agree with it, because you know that's why we're doing the things that we're doing at Gwen Cherry Park and at Moore Park. Commissioner Plummer: Mr. Adorno, let me just say to you, first of all, I think it's a great issue that you've taken on, and I'm now, based on what you have told me, and my lazy Finance Department didn't, that the taxpayers of this City are going to pay approximately twenty-five { ' million dollars ($25,000,000) of that issue, and we're going to get back twenty-one direct and seven indirect, I'm happy. June 27, 1996 Vice Mayor Gort: OK. Thank you, sir. Yes, sir. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I have nothing to say with the County because if that's... it was going to be the only thing, we got to get something back for our tax dollars. But the part (UNINTELIGIBLE), today is the first time I read it, about Virrick Gym proposal, one... almost two million dollars ($2,000,000). And then Allapattah together, Moore, Comstock and Citrus... I mean Curtis, we get... Commissioner Dawkins: Citrus Park, Citrus Park. Mr. Cruz: ... eight hundred thousand. All... Three parks there get, you know... And you know, that's a park that's used a lot more than all the other parks over here. I want to see some of that numbers changed. How... What do I tell the children there, when they don't have anything? Especially another thing. I've been... The City of Miami subsidize a lot of the other communities, because I don't see any sign in the City of Miami that say "for City residents only." And I walk Biscayne Park and Miami Shores, and they got a sign saying "City residents only." And you can go there and see them. People... If you want to play soccer at Biscayne Park, you got to be a City resident. Not because you want to play, you are a kid. So the City subsidizing is not just the people from the City that use the park, because we have two walking tracks in Allapattah, at Curtis Park and at Moore Park, and you see people coming from all over the place to run in those tracks, and you know that, because you're there. I see you walking around there. And even here on this paper, and I'm tired, I told the Miami Herald, Allapattah/Comstock Park, I told them the park, it's not at 2800 17th Avenue. Allapattah/Comstock is 1700 33rd Street. 280017th Avenue is the gas station on the corner, the northwest comer of 17th and 28th. I told them, the address should be 2798 Northwest 17th Avenue. I mean, some of the departments pay a lot of money for research, and they can't even get the address right. Vice Mayor Gort: OK, sir. Yes. Mr. Angel Urquiola: Good evening, gentlemen. My name is Angel Urquiola. I live in 25 Southwest 38th Avenue. I am president of the Flagami/L.eJeune Neighborhood Association. About this matter or this project, two hundred million dollars ($200,000,000) in bonds, it's good idea. I like it. But I like it to be disposed in the way to have to be, to given to the whole City neighbor, not only the neighbor they pick out, two or three parks, no, sir. I live in Flagami for long, long, long time. We asking over here this Commission for help for our neighborhood, and we never get nothing. And this matter, I help the people and the (UNINTELIGIBLE). "Pero" if Flagami have the right park, if Flagami don't have no right park, forget it about our support for this matter. Thank you. Vice Mayor Gort: Thank you. Next. Mr. Manuel Gonzalez-Goenaga: I am Manuel "Boom -Boom" Gonzalez-Goenaga. I was a little nervous before, but he left, thank God. I came here very relaxed this morning, because I had a very nice lunch in the Little Cesar's Pizza - I had cesar salad - and here I come with Cesar again. Parks. I am in full accord with what Mr. Adorno has presented, because I read in the paper what they are doing. But here, we have an Administration - stay tuned - that does not know anything about it. And they are experts. And besides that, if that is not enough, we have a financial advisor by the name of Howard Gary, very well compensated, better than the emperor, and I have never seen him present - and we're going to discuss later on Mr. Cesar - things regarding refunding of non -ad valorem issues, which I love to question a smart person. Thank you. Vice Mayor Gort: OK. Do I have a motion? 61 June 27, 1996 Commissioner Carollo: You have a motion for approval, as recommended by staff of what's before us. Vice Mayor Gort: OK. Is there a second? Commissioner Plummer: Second. Vice Mayor Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. Thank you. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO.96-471 A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI CITY COMMISSION SUPPORTING THE INCLUSION OF THE CITY OF MIAMI'S SPECIFIC PROJECT PROPOSALS WITHIN THE DADE COUNTY PARKS, RECREATION, BEACHES, AND YOUTH FACILITIES MEASURE OF 1996 (SAFE NEIGHBORHOOD ACT). (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: ABSENT: None. None. Commissioner Plummer: Mr. Adorno, I think you should avail yourself, through Channel 9, which is the City's cable, to some kind of use of that channel, to try and educate - that's the only thing you can do is educate the public in the full text of this issue. Mr. Adorno: Yeah. And we will be having a meeting, I believe, at Dade County Auditorium as part of one of our six meetings. That's where we're heading now, for our third one, to start educating. And then, we are going to run an education -based campaign. tCommissioner Carollo: And what you need to do, Hank, is - and this is what I really think J.L. is saying - we need to have you place on Channel 9, park by park, the amount of dollars that are going to each park in the City. Ms. Brenda Marshall: July 8th at seven is the public meeting in Dade County Auditorium. 0% June 27, 1996 Commissioner Carollo: Great. Thank you. Vice Mayor Gort: Your name and address, ma'am. You have to give us your name and address. Ms. Marshall: I'm sorry. Brenda Marshall, with the Trust for Public Land, 7900 Red Road. Vice Mayor Gort: Thank you. Commissioner Plummer: I'll be right back. ---------------------------------------------------------------------------------------------------------------- 14. DISCUSS/DEFER CONSIDERATION TO AUTHORIZE CITY TO ENTER I INTO FINANCIAL AGREEMENTS WITH RESPECT TO MUNICIPAL SECURITIES -- REFINANCING PENSION BONDS --SEE LABEL 19. r ------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Item 6. Commissioner Plummer: I'll be right back. Vice Mayor Gort: Item 6, financial agreement. Mr. Manohar Surana (Assistant City Manager): This is... Item 6 is the refinancing of some of the pension bonds. It will save the City approximately two hundred million dollars ($200,000,000) a year - two hundred thousand ($200,000), sorry. Commissioner Carollo: Whoa, whoa, whoa. Mr. Surana: And maximum million dollars over ten years. i Commissioner Carollo: Mano, there's a big difference between two hundred million ($200,000,000) and two hundred thousand ($200,000). - Mr.Surana: I'm sorry. I was thinking about their bond. Commissioner Carollo: Yeah. You got carried away, huh? Mr. Kishor Parek: For the record, my name is Kishor Parek. I'm with Howard Gary and Company. Our address is 3050 Biscayne Boulevard, in the City of Miami. Vice Mayor Gort: OK. Do you have any questions? Mr. Manuel Gonzalez-Goenaga: Well, am I being recognized? I don't know. Vice Mayor Gort: Yes, sir. Go ahead. Mr. Gonzalez-Goenaga: Well, if we are going to save two hundred thousand dollars ($200,000), ` what will be the cost of going again through the market on the writing fees? Because it's not by the imagination or the inventive of this Administration. This work is based on the money market. And, you know, that's Wall Street. And sometimes, you think that you save a lot of money, but then, there are so many compensations under... Excuse me, Mr. Odio. I am not as... r& June 27, 1996 Vice Mayor Gort: Excuse me, sir. Address the issue and continue. Mr. Gonzalez-Goenaga: OK. Vice Mayor Gort: Thank you. Mr. Gonzalez-Goenaga: The issue is that how much does the underwriters get? How much does bond counsel get? How much have they been getting every time there is a refinancing? Because I am kind of knowledgeable... Of course, not as well and not as knowledgeable as the graduate, but... Mr. Odio: That's for sure. Mr. Gonzalez-Goenaga: And then incidentally, in the prospectus that has... going to be issued, his education must be corrected, because that's a violation of the securities laws, Section 15-C of the securities laws of 1938... no, 1937, 1 think. Because it's regarding... '38... '35. The other one is after the issues are presented to the public, and sold, and these are registrations. Section 12, I think. Vice Mayor Gort: Thank you, sir. Mr. Kishor. Mr. Parek: First of all, I think you are referring to securities laws passed in 1934. Item number two, this is not a new securities issue. It is not a bond underwriting. Mr. Gonzalez-Goenaga: I am aware. I am not as dumb as you people think. Vice Mayor Gort: Excuse me, sir. Excuse me, sir. I don't want any argument. He will answer your question. Thank you. Go ahead, sir. Mr. Gonzalez-Goenaga: I'm sorry. Mr. Parek: This is not a new bond issue. This is restructuring the existing debt of the City I whereby the City will gain approximately two hundred thousand dollars ($200,000) annually, net off expenses. Mr. Gonzalez-Goenaga: That was not my question. My question was, specifically, the amount of money that the underwriter will get the total amount of the bond, and the amount of legal fees that the bond counsel will get. { Mr. Parek: Legal fees for this transaction are eighty-five hundred dollars ($8,500). Mr. Gonzalez-Goenaga: Eighty-five hundred dollars ($8,500). Thank you very much. And the... Mr. Parek: There is... There is no... Mr. Gonzalez-Goenaga: And underwriting fee? Vice Mayor Gort: Excuse me, sir. j Mr. Parek: There is no underwriter. 1; ViceMayor Gort: He's got the question. He'll answer it. 64 June 27, 1996 s Mr. Parek: It is a refinancing of an obligation, but it is not a bond issue. Mr. Gonzalez-Goenaga: Well, it's debt. And debt has its costs, besides the interest. And I know what you are trying to do. How much compensation will Howard Gary and Company cost on the last ten years on this City as financial advisor? Could you answer that? That's besides the i, Finance Department that they... Mr. Parek: I'm not able to answer that, sir. Mr. Gonzalez-Goenaga: Well, I know, and I don't work for you guys. Thank you. j Vice Mayor Gort: Is there anything... Commissioner Dawkins. Commissioner Dawkins: Mr. Surana or someone, why can't we do this with every issue, rather than giving the Manager or his designee the right to do this at will? Mr. Parek: On item number 6... Commissioner Dawkins: I'm talking about item... It says item 6. That's what I'm talking about. Mr. Parek: Item number 6 relates specifically to this, the pension bond transaction that was consummated last December by the City. ' Mr. Surana: It's only one bond issue. I Mr. Parek: It's just one bond issue, and we are restructuring a part of... a portion of that bond issue to save the City some money. Commissioner Dawkins: Background. "In order to take advantage of such opportunities not this opportunity - in order to take advantage of such. opportunities, it is in the best interest of the City to delegate to the City Manager or his designee the authority to negotiate and execute contracts relating to such financial agreements." Why can't we do this one time? I mean, why must I give you the right to do this... Why you can't come back each time we want to do this? Mr. Parek: Sir, this is only related to this specific issue. Vice Mayor Gort: I understand. The question that's being asked to you, he understands that you got next item number 7, is giving the power to the City Manager to, instead of coming to us every time there is an issue coming up, for him and your financers to do it. What he's asking is, why can't that be done the same with every one of them. Mr. Parek: It is very simply on the secondary issue. The rates, the interest rates in the markets are so volatile these days that by the time we get on the City Commission agenda, get all the legal documentation in place, we can no longer take advantage of the savings. Commissioner Dawkins: We always have special meetings. We have emergencies. Come on, give me a break. I mean, I've been here long enough. I've been here a long time. 65 June 27, 1996 Commissioner Carollo: You know, Commissioner Dawkins has made a very valid point. I also understand the statement that you've made to us. You are correct in what you said. I think we could go about it in two ways, to make sure that we don't lose any opportunities in the timing, and at the same time, the Commission, that has the responsibility, this is where the... The buck stops here. We'll have the last say. We could do it in either one or two ways. Whereas we can agree to have a special meeting immediately every time there is going to be an issue, so we can decide it, or if it's legal - and the City Attorney would have to answer this for us - we could just have the Manager go individually to one Commissioner after another, and we could sign - and I don't mean verbally - I mean sign our names to an approval. Vice Mayor Gort: Also, another way is that - and you can add to it - is to make sure, is there a minimum saving of a percentage. My understanding is, the standard in the industry, there's a minimum percentage savings in order to do that. If you're not going to save that much, then it's not worth doing it. Commissioner Carollo: Well, that's important. Otherwise, we wouldn't be here today, but maybe, you know, since you're the one on the Commission that has experience in this, Vice Mayor Gort, maybe you could... Vice Mayor Gort: I think the City... Commissioner Dawkins: OK. Let me make... Let me cut through this, OK? I am not going to vote for this. I think that the City Commission is delegating that authority that was given to it by the voters. I'll vote no. Call the question. Vice Mayor Gort: OK. Commissioner Carollo: Well... Vice Mayor Gort: Excuse me. Dawkins, Commissioner Dawkins, we're dealing now with item 6, not 7. Commissioner Carollo: Yeah, but we... Commissioner Dawkins: I'm going to vote no on both of them. Vice Mayor Gort: OK. Commissioner Dawkins: Call the question. Commissioner Carollo: But we're talking about the same thing on item 6, what... We could have significant savings for the City here. But I understand what Commissioner Dawkins is saying. We have to find a solution that we're going to have the final approval, we're going to be the guys responsible, that the public will come to on anything here. We have to have the final say, and we can't give a carte blanche to the Administration on something like this. Commissioner Dawkins: Mr. Manager... Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: What I'm saying simply is, on issues like this, the City Commission is responsible. And when we do issues like this, next year, when they award the best Manager in the country, instead of it saying, "Cesar Odio," it will say "Cesar Odio and the City Commission" were the best in the country. That's all I'm saying. 66 June 27, 1996 Vice Mayor Gort: I don't have a problem with having a special meeting whenever you all want to do it. Commissioner Carollo: Mike, Mike... Commissioner Plummer: Well, is item... Commissioner Carollo: Let me hear from Mike Abrams. Mr. Mike Abrams: Well, thank you, Mr. Mayor and Commissioners. In particular, Commissioner Dawkins, item 6 does exactly what you ask. Commissioner Dawkins: It does not. Mr. Abrams: I mean, it speaks to one particular fund... Commissioner Dawkins: Mike, Mike, Mike. Listen to me. OK? Mr. Abrams: OK. Commissioner Dawkins: Listen to me. "In order to take advantage of such opportunities" - OK? - "it is in the best interest of the City to delegate to the City Manager or his designee the authority to negotiate and execute contracts relating to such financial agreements." All I'm saying is, take the "S" off of "opportunities," and take the "S" off of "contracts," and do each one of them. That's all I'm saying. That's all I'm saying. Mr. Abrams: That would be... Commissioner Dawkins: That each one comes here... Mr. Abrams: That would be... Commissioner Dawkins: ... and the City Commission has to do it. Vice Mayor Gort: Right. Commissioner Dawkins: That's all I'm saying. Mr. Abrams: I can only speak... I'm only speaking to item 6. That would not affect, I think, the transaction as it relates to item 6, and would allow the City to go forward and achieve the savings. So, you know, we... As one of your senior underwriters, I certainly wouldn't object to those changes in item 6. Commissioner Carollo: And I'll assure you that if you ask for an emergency meeting so that we could take advantage of the market, we will have one immediately. Mr. Abrams: So I would hope with those changes and the specific parameters and restrictions that are on us that are outlined in item 6, Commissioner Dawkins, that your level of comfort would then increase. Commissioner Dawkins: You see, I am an educator, OK, like you were, before you became a politician. OK? But I'm not a bonds person. I don't know nothing about the bond language you're talking about. The only thing I know is plain English, when I know that I am giving up 67 June 27, 1996 f all my authority to the Manager, to him to delegate to somebody else, and I don't plan to do that. r Now, but one... That's just one vote. Commissioner Carollo: Well, I am willing to make a motion with the parameters and changes that Commissioner Dawkins requested, that you have stated to us are acceptable. Vice Mayor Gort: OK. Mr. Abrams: Absolutely. Commissioner Plummer: My question is very simple. What is the... Vice Mayor Gort: Is there a second? Commissioner Plummer: Oh, OK. i Vice Mayor Gort: Is there a second? i Commissioner Plummer: I... Vice Mayor Gort: You second? Commissioner Plummer: Fine. Vice Mayor Gort: OK. Under discussion. Commissioner Plummer: My question is very simple. What is the anticipated savings to the City? Mr. Abrams: The estimated savings are... Commissioner Plummer: Yeah. Mr. Abrams: ... are two hundred thousand dollars ($200,000) a year, over ten years, which is two million dollars ($2,000,000). Commissioner Plummer: Thank you. Vice Mayor Gort: OK. Anything further? Commissioner Dawkins: What do you base... A. Quinn Jones, III, Esq. (City Attorney): Can I get a... Commissioner Dawkins: What do you base the estimate on? Mr. Abrams: We base it on market conditions today, and on market conditions over a period of time, in terms of what the... Commissioner Dawkins: And if we do not have enough opportunities to generate the business, you don't make two hundred million ($200,000,000), if you don't sell that many bonds. Mr. Abrams: We're not selling bonds. 68 June 27, 1996 �µ1 Commissioner Dawkins: OK. Well, I mean what... If you don't have enough... OK. You're saying over ten years, we're going to get two hundred thousand dollars ($200,000) a year, OK? If we do not generate enough business for you to go out to for two hundred thousand ($200,000), we don't make no two hundred thousand dollars ($200,000). Mr. Abrams: No. Commissioner, this is a one-time transaction which... Commissioner Dawkins: And I'm going to make two hundred... I'm going to make twenty million dollars ($20,000,000) on a one-time transaction. Commissioner Carollo: No, two, two millioo dollars ($2,000,000). Commissioner Plummer: No. Two million. Mr. Abrams: No, no, no. You're going to make two hundred thousand dollars ($200,000) a year on this transaction for the next ten years. Commissioner Plummer: My final question. What... Vice Mayor Gort: Excuse me. Wait a minute. Excuse me, Mr.... Commissioner Plummer: Oh, I'm sorry. Commissioner Carollo: Once it's done, Miller, from the beginning, we'll be... Mr. Abrams: You are not issuing any additional debt. Commissioner Carollo: We'll be guaranteed that for the ten years. Commissioner Plummer: You're not guaranteed. Commissioner Carollo: What we're doing is a swap on what we have out there already. Commissioner Dawkins: OK. Mr.Odio: Correct. t Commissioner Dawkins: The only thing, my fellow Commissioners, the only problem I have is every other month, I sit here and I go through this. See? And every time I go through this, I'm told this is a savings to the City of Miami. Every time you tell me we're refinancing because I've got a savings to the City of Miami, but when I look at the bank statement, I don't see the savings. Then they come back again, and they tell me we're going to do this, because we're going to save you 'W" dollars. Don't worry about a thing, you got it. Then, we sit here, we vote for it. When I go to the bank and look for the statement, I don't see it. So this... Mike, I love you as a brother, OK? But this does not... I'm not going to vote for no more of these, unless you come and show me that, "Yes, I told you the last time that you were going to save two hundred thousand dollars ($200,000), and here it is in the bank," and then I'll vote for that. Mr. Abrams: Respectfully, Commissioner, I think that's a question more appropriate for the City's accountants. It's for the City's accountants, because the City does save the money. Commissioner Dawkins: Well, where does it go? Mr. Abrams: That's something that the City's accountants would need to answer. 69 June 27, 1996 Commissioner Dawkins: Beg pardon? Mr. Odio: Go ahead, Mano. Mr. Surana: All the savings stay in those particular funds, whenever we save. Commissioner Dawkins: OK. Name me the account where the two hundred thousand dollars ($200,000) is in right now. Give me the account. Mr. Surana: Which two hundred thousand ($200,000), Commissioner? Commissioner Dawkins: I don't know. Whever one Mike is talking about. Mr. Surana: We haven't done any... We haven't done the deal, so there is no savings. Commissioner Dawkins: All right. Well, which one did we do last year? Mr. Surana: On refinancing, which ones? Mr. Parek: GO (general obligation), GO bonds. Mr. Surana: GO bonds we did last year and... Commissioner Dawkins: OK. All right. Give me the account number and the balance in that account right now. Commissioner Carollo: Mano, it's either that, or you're going to have to sign a blank letter of resignation, if this doesn't work. Mr. Surana: We'll have it. Pete, where is Pete? Vice Mayor Gort: Dipak, hurry. Mr. Surana: We'll get it in a minute. Commissioner Dawkins: There's Dipak behind you. Mr. Odio: Give him an account number. Mr. Gonzalez-Goenaga: Sunshine law. Mr. Surana: GO bond, he needs the account number. Give him the account number. Mr. Dipak Parek: Fund 20. Commissioner Dawkins: Beg your pardon? Mr. Parek: It's in Fund 20. Commissioner Dawkins: Wait now. Fund... Wait now, wait now. In Fund 20, OK. 70 June 27, 1996 Mr. Surana: We'll get it tomorrow. ' Commissioner Dawkins: No, I tell you what, tell you what. Mr. Odio: Good for you. Commissioner Dawkins: Table this until the next two items. You go in my office to the computer, or wherever you need to go, and pull it up on the computer, and bring it to me. Mr. Surana: You got account number for GO bonds? Commissioner Carollo: Can we do that... Vice Mayor Gort: Excuse me. Excuse me. 4 Commissioner Carollo: Can... Vice Mayor Gort: Excuse me. Mr. Surana: OK. We got the account number. Give the account number. Commissioner Carollo: Let's table this towards the end. Mr. Surana: OK. Vice Mayor Gort: Yeah. Come back. Come back later. Commissioner Carollo: And can you all sit down with Commissioner Dawkins and explain it to him? Give him what he has. And Mano, frankly, you've done a terrible job in explaining this to the Commission. You really should have sat down and explained it to the members of the Commission. You didn't have to ask him to do that, Commissioner. He should have done it. I mean, this is important enough that he should have done it. Mr. Surana: OK. Commissioner Carollo: So let's table this for later on in this meeting. You all need to sit down with Commissioner Dawkins. Commissioner Dawkins: No, just give it to me... Just give me the account numbers and the balance. That's all I need. Mr. Surana: OK. All right. OK. NOTE FOR THE RECORD: At this point, agenda item 6 was tabled. 71 June 27, 1996 r� r-r-----------r --------------- - 15.WITHDRAWN -- COMMISSION NEGATES ACTION WHICH WOULD GRANT BLANKET APPROVAL TO ISSUE NON -AD VALOREM OBLIGATIONS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: OK. Then we go to item 8. Commissioner Dawkins: Go up to the Manager's office and sit down and pull it up. Mr. Manuel Gonzalez-Goenaga No, item 7. Mr. Cesar Odio (City Manager): I'm withdrawing 7. Mr. Gonzalez-Goenaga: Oh, tabled. Commissioner Dawkins: You're withdrawing 7? Vice Mayor Gort: Eight. Commissioner Dawkins: Hold it. Listen, don't withdraw 7. All I need is an explanation, man. Mr. Odio: No, sir. I have to be honest with you. Seven is exactly what you don't want to do, which is in... It's not a one-time financing. It's whenever the financial advisors feel that there is a window of opportunity, they would automatically sell, you know, go out in the market, and you don't want to do that. Commissioner Dawkins: Mm-mm. OK, no, we don't want to... we don't... No, I don't want to do that. Mr. Odio: So pull it. 2 Vice Mayor Gort: When you call a special meeting, we'll do it. Commissioner Carollo: Yeah, we could do it like that. NOTE FOR THE RECORD: At this point, agenda item i was wit rawn. 72 June 27, 1996 ---------------------------------------------------------------------------------------------------------- 16. DONATE SURPLUS CAR TO DE HOSTOS SENIOR CENTER, INC. --FOR FOOD/TRANSPORTATION/OTHER SOCIAL SERVICES -- FOR FAMILIES IN NEED IN WYNWOOD. Mr.Odio: Seven... OK, Vice Mayor Gort: Item S has been moved by Commissioner Plummer. Is there a second? Commissioner Carollo: Hold on fora minute. Let me turn the pages here. Mr. Cesar Odio (City Manager): This is to give a vehicle to... Commissioner Carollo: Second. That's correct. They have made a request from De Hostos Senior Center, Inc., that I related to the Manager. They are in dire need of a vehicle for their meals program. So... Commissioner Dawkins: J.L. moved it. You seconded it. Commissioner Carollo: Correct. I Commissioner Dawkins: Call the roll. Vice Mayor Gort: All in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. 73 June 27,1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-472 A RESOLUTION CLASSIFYING ONE (1) SURPLUS CITY OF MIAMI CAR AS CATEGORY "A SURPLUS STOCK, SHOULD SUCH VEHICLE BECOME AVAILABLE; FURTHER DONATING THE SAME, IF AVAILABLE, TO DE HOSTOS SENIOR CENTER, INC., A NOT -FOR -PROFIT ORGANIZATION THAT OPERATES IN THE CITY OF MIAMI, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN JUNE 27, 1996 AND JUNE 27, 1997; SAID CAR TO BE USED BY DE HOSTOS SENIOR CENTER, INC., TO PROVIDE FOOD, TRANSPORTATION AND OTHER SOCIAL SERVICES TO THE NEEDY FAMILIES IN THE WYNWOOD NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE RELEASE DOCUMENTS FOR THIS PURPOSE. - (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. -------------------------------------------------------------------------------------------------------------- 17. RESCIND 96-306--SUBSTITUTE NUNC PRO TUNC -- APPROVE CITY ATTORNEY'S INCREASED COMPENSATION (TO $175.00 PER HOUR) FOR LAW FIRMS REPRESENTING CITY/COMMISSIONERS -- REGARDING PROPERTY AT 3471 MAIN HIGHWAY (COMMODORE BAY) --ALLOCATE FUNDS ($35,000) -- AUTHORIZE CITY ATTORNEY/SPECIAL COUNSEL TO PROCEED WITH KENNETH TREISTER, GERALD KATCHER AND HOWARD SCHARLIN VS. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA LITIGATION (CASE NO.96-1730). ------------------------------ ---------------------------------------------------------------------------- Commissioner Dawkins: Move 8-A. I Vice Mayor Gort: Eight -A. It's been moved. Is there a second? Commissioner Plummer: Second. Vice Mayor Gort: It's been moved and seconded. Is there any discussion? 74 June 27, 1996 Mr. Gonzalez-Goenaga: Well, being ignorant, I am going to say that, after I read the backup papers, I see very generous attorneys, going from fifty dollars ($50) to a hundred and seventy- five ($175). I... When we have house counsel being paid... I don't know the budget of the King Jones or Quinn Jones, III. 4 Vice Mayor Gort: Excuse me, sir. Mr. Gonzalez-Goenaga: I would love to see the budget... Vice Mayor Gort: Excuse me. Mr. Gonzalez-Goenaga: ... disclosure, disclosure, today, yesterday, and tomorrow. Thank you very much. Y Y Vice Mayor Gort: Yes, sir. Thank you. Mr. Gonzalez-Goenaga: I'm leaving... And in... an investment advisor, I wonder if you have any conflict of interest, Mr. Gort. Vice Mayor Gort: You can go ahead and check it, sir. Have a good day. Commissioner Dawkins: OK. Mr. Vice Mayor. Vice Mayor Gort: Yes, sir. J Commissioner Dawkins: I think I need to put in the record that for ten years, we've been fighting this case, and the law firm that we're using, they did it almost at pro Bono, at fifty dollars ($50) an hour, just to cover their cost. And now that we're further into this, this firm - and I think deservedly so - went from fifty dollars ($50) an hour to what's competitive. And that's why I moved it. I think it's legitimate. Mr. Odio: They have done very well, I want you to know, in this case. Commissioner Plummer: They've never lost. Mr. Odio: They have never lost. i . Commissioner Dawkins: Mm-hmm. OK. j Vice Mayor Gort: OK. It's been moved and seconded. Any further... Yes, sir. Mr. Mariano Cruz: No, no. Nine, I'm... r Vice Mayor Gort: Oh, OK. All in favor, state so by saying "aye." 75 June 27, 1996 The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-473 A RESOLUTION RESCINDING RESOLUTION NO. 96-306, ADOPTED MAY 23, 1996, AND SUBSTITUTING, NUNC PRO TUNC, THE HEREIN RESOLUTION RATIFYING AND APPROVING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRMS OF JOSEPH Z. FLEMING, ESQ., AND GARY M. HELD, ESQ., AT AN INCREASED HOURLY RATE OF $175.00, AS COMPENSATION FOR LEGAL SERVICES RENDERED IN REPRESENTING AND DEFENDING THE CITY OF MIAMI AND INDIVIDUAL CITY COMMISSIONERS, AS APPLICABLE, THROUGH ANTICIPATED OR ACTUAL TRIAL STAGES, APPELLATE PROCEEDINGS AND ADMINISTRATIVE HEARINGS IN CONNECTION WITH PROPERTY LOCATED AT 3471 MAIN HIGHWAY (A/K/A "COMMODORE BAY"), MIAMI, FLORIDA; ALLOCATING ADDITIONAL FEES THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000 FOR SUCH REPRESENTATION, FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620103-661; FURTHER AUTHORIZING THE CITY ATTORNEY AND SPECIAL COUNSEL TO TAKE ALL NECESSARY LEGAL STEPS, INCLUDING INTERVENTION, IN THE NEWLY FILED KENNETH TREISTER, GERALD KATCHER AND HOWARD SCHARLIN VS. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA LITIGATION (CASE NO. 96-1730); AND PROVIDING FOR A RETROACTIVE EFFECTIVE DATE. (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 fallowing vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. 76 June 27, 1996 .a� ----------------------------------------------------------------- - 18, (A) AUTHORIZE ADDENDUM --REQUEST FOR PROPOSAL FOR DINNER KEY WATERFRONT REDEVELOPMENT PROJECT (BOAT YARD) -- ALLOW FOR FILM/MULTIMEDIA PRODUCTION FACILITY AS ACCESSORY USE. B. DIRECT ADMINISTRATION TO ENSURE HIRING LOCAL LABOR WHEN FILMING MOVIE ENTITLED: "SPEED II." Vice Mayor Gort: Nine. Mr. Cesar Odio (City Manager): The amendment to the RFP (Request for Proposals) to add the waterfront here, to be able to have a multimedia production facility, or film, or multimedia production facility, that's optional, as we were requested to do in the last Commission meeting. Commissioner Carollo: Well, that's what we requested, but I would like to have something in there, also, that we do have the marina portion back there, because regardless of... Mr. Odio: No. There's got to be a full service boatyard. Commissioner Carollo: OK. Commissioner Plummer: Now, that's... Mr. Odio: This is in addition to. Commissioner Carollo: Good, OK, in addition to. Fine. Very good. That's what we wanted. Commissioner Plummer: But first and foremost, we promised the people that it would be, at all times, a full service boatyard. OK? Commissioner Carollo: Yeah. Commissioner Plummer: So where are we, as far as the... the project would allow... Mr. Odio: We have to amend the RF... Commissioner Plummer: ... for a developer to bring that in. Mr. Odio: Yes. Commissioner Plummer: But that's all that it's doing. Mr. Odio: That's all. That's all. It's... Commissioner Plummer: OK. And a bidder could do it or not do it, depending on what he wants. Mr. Odio: Correct. Commissioner Plummer: OK. W Vice Mayor Gort: OK? Thank you. Is there any other question of the Commissioners? Commissioner Plummer: Move it. Vice Mayor Gort: No... It's been moved. Is there a second? Commissioner Plummer: Wait a minute. Vice Mayor Gort: We'll let you speak under discussion. It's been moved and seconded. Yes, sir: Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. And I want to know... See L.. something was discussed, I think, at the last meeting, was a pocket item for the film industry. Jack_Luft brought it. This had to do with that. And they said they going to bring a lot of money to here. But I understand that just now, they say a security company working there is not even from Dade County. It's from Broward County, I think. Navarro Security or something working (" there, doing things there. Commissioner Plummer: That's across the street. Mr. Cruz: Do you... somebody can answer me that? Maybe Jack Luft stand over here or something, because, I mean, it's... that's prime property that belongs to the City taxpayers. It's not property of somebody of the film industry. I think... And the proper thing, I'd like to see everything coming in front of the Commission, the way it should be, or put an addendum to all these whereas, and what for, and therefor, something saying that local City of Miami companies, that live, that has the business within City limits, will have priority over companies from Broward or Palm Beach County, or wherever it's from, because that's what I understand now. That's a company, Navarro Security who... Commissioner Carollo: Who hired this company? Was it the City... Mr. Cruz: I don't know. Commissioner Carollo: ... or was it the private enterprise? Mr. Cruz: No, I think it's the film company, whatever they're doing there. Commissioner Carollo: Well, we can't get involved in that, Mariano. If it's, you know, the private sector is hiring them... Mr. Cruz: I know they doing that. Commissioner Carollo:... there's nothing we could do. Mr. Cruz: But the thing has to be done accordingly, for the benefit of the citizens of Miami that owns the property there. Not just... I know who is benefiting the whole thing. But Demi Moore is making so much, she will be taking that... "Speed 2," she will be taking the money to L.A., or �." some other place, or to... with Bruce Willis there. Commissioner Carollo: Well, what we... [ Mr. Cruz: I'd like the money to be here, too. 78 June 27, 1996 Commissioner Carollo: What the Manager... Vice Mayor Gort: Excuse me, excuse me. Let's have one meeting at a time. 1 Mr. Cruz: The City pays part-time six dollars ($6) an hour there for ten years, with no benefits, whatsoever. At the same time, people here, they waste more than that money. Why they don't pay people here, City employees that have been employees for more than six years? And they are just part-timers. All they could is 37, 39 hours a week, not to pay any benefits. But other people that run around with a clipboard doing nothing make a hundred thousand ($100,000) a year. That's obscene. Vice Mayor Gort: Thank you, sir. Excuse me. Commissioner Carollo, did you want to make a statement? Commissioner Carollo: Yes. The only statement I wanted to make was that I want to make sure that the Manager gets a firm commitment that while they're filming "Speed 2," that the companies that they use for whatever they need should be local companies, from Miami, first. If we don't have them in the City of Miami limits, then get them from Greater Miami. Mr. Odio: The last time I met with the producer, and thank God that they are here, that... I hope we get one every month. The last number that I saw was that they would leave in this community about fifty million dollars ($50,000,000) more than we had before they came in. So anybody that is against movies coming here are out of their mind. Commissioner Carollo: Well... Mr. Odio: But otherwise, what I suggest is - and we have, every time we meet with them - is that they have to, if they can, hire local companies, and they prefer to do that, anyway. Former Commissioner Rosario � Kenned Commissioner... y: Commissioner Carollo: Well, I'd like to... Before you start, Commissioner... I` Ms. Kennedy: Yes. Commissioner Carollo: ... to personally thank you for all the work and effort that you have put into this. It's because of you and the work that you did that we're getting this film coming to Miami, and I hope that you're successful in accomplishing the same for many others that are in the works. 79 June 27, 1996 Ms. Kennedy: Right. Well, we very fortunate. Commissioner, this... All we're doing for the... Vice Mayor Gort: Commissioner, I'm sorry. please. Ms. Kennedy: Yes, of course. Thank you for those nice words. But, yes, Would you give me your name and address, Vice Mayor Gort: We know you, but we need to put it in the record. Ms. Kennedy: For the record, Rosario Kennedy, with offices at 2601 South Bayshore Drive, representing Steve Perry, who is probably Hollywood's start producer. Steve Perry produced, as you all know, "Lethal Weapon I and II," "Speed," "Die Hard I and II," "Just Cause,' "Ordinary t People," among many others. And we're very fortunate that he's filming the blockbuster sequel € to "Speed" here in Miami at the Merrill Stevens Boatyard. The only amendment to the RFP is, you know, add an additional use. We have committed, if he's still interested - at this point, we don't know, but there have been conversations with Mr. Sylvester Stallone - that the marina will remain intact, the boatyard will remain operating. There will... the boardwalk on the other end, and just beautify the place, and bring an industry that is clean, that will have people working in Miami, and, Commissioner Carollo, he did commit to 40 percent of the crew to be local talent. So we're very fortunate to have him. Thank you. Mr. Bruce Reep: My name is Bruce Reep. My address is 3530 East Fairview Street. I have a quick thing I can read to you, and then I'm sure Jack will clarify it for us. OK. I'm very concerned about the commitment the City's Administration has in its design that we get and keep a full service boat repair yard - that word gets dropped a lot - and for the following reasons, I'm concerned. The designs you see in front of you have been mulled over for several years, and reconfigurated quite a few times, and I just have a few quick concerns. The design of the new marina place is a large dock in front of a public boat ramp, which is protected at Virrick Gym, part of Virrick Gym Park, protected under the Federal guidelines, and it's within about 100 feet. And I think that's kind of ridiculous to have a dock... They said that one time, they were not going to have docks stick out that far in front of the boat ramp. Also... Commissioner Carollo: Could you turn it around, Mr. Brennan? Turn it around so the public can see it. Mr. Reep: OK. Commissioner Carollo: The other way, they other way. Mr. Reep: Also, the new configurations for the docks that they hope to add, besides the original 52, if they would go with the old footprint of 52, it would be great, but they're trying to get 70 in that area. And the problem I have with this is that Shake -A -Leg, which has a wonderful program next door for not only the disabled, but also for new sailors, has kayaks and a lot of other things involved, and they re non -motorized boats. And with the new designs that they're proposing, that leaves only 130 feet across for two large marinas, a public boat ramp, and the Shake -A -Leg Program, that's an awful lot of traffic. And considering that the boat ramp and Shake -A -Leg have been there longer than this new, supposed design, I think... And I have written letters to quite a few people - Army Corps of Engineers - my concern is safety, as far as them, one, putting the dock at the end of the boat ramp; and two, the closed -in area. I know these things can be reconfigured. My problem is, I know they have to go forward and submit these plans. OK. My only problem is, with the amount of slips they're trying to put in, it's like trying to put in ten pounds of coffee in a five -pound bag. OK. The existing haul -out areas. I'd like you all to see, .0 June 27, 1996 particularly, the existing haul -out area - and this is another reason I'm concerned - where the City says they're committed to a full service boatyard. Now, maybe since you're doing an addendum today for a movie, possibly, studio there, we could also do a couple of addendums that would secure the boatyard. The hauling out area of 60... I'm sorry. The hauling out is 30 to 60 foot vessels, and the strong wind and wave action that regularly comes down the old sea plane channel is tricky, at best, and need to be done in a protected area. You have, at least, to put in at least four large padded chalk areas along the - excuse me - along the rub rail, so that you don't damage the large vessels. If you try to do that in wind, you can have hands and fingers damaged very easily. If you look at the old configurations which I've shown you, it shows that they put a spit of land in front of that area, and they put it there for a reason. There is no money for baffling. It has been applied for from FEMA (Federal Emergency Management Agency), but there is no money as of this time for baffling. And in fact, the money for the baffling system at the Miami Marina, if we don't get that one built soon, and get this one built, we will lose this money. The deadline right at this point, if this marina is not completed by August 26, 1996, which is in about six weeks, which won't happen, then we have to go back and try to get them to defer it again. We have defer... had extensions upon extensions. So I am concerned about the City losing the one point three million dollars ($1.3 million), and I hope that they do not, and I hope that everything diligently goes forward so that we don't lost the money. Anyway, the new design... Well, also, if you do fill it in, there is not a good reason to fill it in, other than a little bit of added space. And the reason not to is that the... the protection and safety for hauling these boats safely. OK. It was originally designed that way for a purpose. OK. There are presently about 50 vessels behind, in the back repair... boat repair area. It can hold up to 67 vessels. I would like to see some sort of assurance that if a movie company does come in, that some sort of other addendums are given to protect that back area, that at least 90 percent of it is secured for boat repair purposes only, that it's not given away to the movie site. We've had the commitment that this is a boat repair yard. And the other item, though I'd love to have an addendum, since you could do the other two, is that you put at least 20,000 square feet for the boat service personnel and their shops, which includes boat engine repair, carpentry engine, upholstery, all the different types of shops and ancillary items, so that if they came in, you'd probably have to give the small hangar over to the boatyard. Obviously, they'd still run it, but I'm just saying, you need to put something in here that just doesn't say a boatyard, because a boatyard could be five boats, and give the rest to the people in the back. All I'm asking is that if we're willing to, right now, at this late date, when the RFP has already been out on the streets for several weeks, I and asking the people who have already been spending money and investing their time and energy into it, if you can put an addendum for a movie industry, you could also put two more little protective things, and that is that 90 percent of that back asphalt tarmac area is reserved for boat repair and storage only, and that at least 20,000 square feet is for boat repair facility shops. Thank you. Vice Mayor Gort: Thank you, sir. Commissioner Plummer: Am I mistaken? A developer will come in, and he will bid. He can bid the movies in or not in. That's up to him. And he will come forth... as it says, a request for them to make proposals. They will evaluate the proposals, the auditors will evaluate the proposals, and if he wishes to include portions of making movies there, that's his option to do r` such or not. Mr. Reep: It isn't as of yet. When you pass the agenda today, it will be. And all I'm... Commissioner Plummer: Well, yes, I understand that. Mr. Reep: Yeah. All I'm asking is that in return, we also make sure that that back tarmac area be left for a boat repair yard, and that we have enough square footage - since this is one of the requirements of this RFP, is that it is for a full service boat repair yard - that we have enough square footage left in these hangars for the shops. Thank you. 81 June 27, 1996 N Vice Mayor Gort: Yes, sir. Mr. Brennan. Mr. John Brennan: My name is John Brennan, and I represent John Brennan. Nobody else. Let me quote from the public hearing notice. It says, "Dinner Key Waterfront Development Project to allow for an additional optional primary use, namely, a film or multimedia production facility." Up to now, the primary use has been a boatyard. Everything else has been ancillary. I would respectfully request that you change this to secondary or ancillary, or whatever. I am not... I don't have any problem with the people putting... doing films in there. My problem is keeping a boatyard there. I have been looking at these drawings as they've come out for not less than six or seven years, and every time I see a drawing like this, it's changed. If we talk to the staff... Bless their hearts. They're all trying to do their job the best they can. Nobody knows why we're supposed to fill in this area that was designed specifically to protect boats being loaded onto a flat area. Nobody knows.. As Bruce pointed out, this is much too small for a training area for Shake -A -Leg to get out. This is the current drawing. This is the one that's going out for permitting. And I keep hearing somebody say, "Well, you can always modify it." Please, can't we get a drawing that goes back... If you take the original drawing of the original plans, print it and send it out, the developers can deal with that particular plan. My request is that we keep it a boatyard. Primary, I hope. Thank you very much. j Vice Mayor Gort: Thank you, sir. Commissioner Carollo: Jack, can... Vice Mayor Gort: It's your turn, Jack. Commissioner Carollo: Mr. Brennan's question. Mr. Jack Luft (Director, CPR Dept.): Yes. The additional cost for the seawall, to build the peninsula, is about a hundred thousand dollars ($100,000. For the same amount of money, you can put in wave baffling on the outboard pier to protect the haul -out area and the entire marina. It's far better dollars spent. But those are decisions, whether you fill or not fill the haul -out area, will have to be made by the proposer who is investing his dollars. And they're right, the permits do not lock the proposer into that exact configuration. They can be changed. I think it is the proposer who's spending their monies and are professionally running a boatyard that should have the last call on that. We're working with Coastal Tech. Professional Design Marina Engineers, and this was their recommendation. It's the most cost-effective, but it can be changed. If their proposers agree with them, they can go that way. We don't want to lock them into it. We think we have, right now, the best proposal. Mr. Brennan: Mr. Mayor, if I may. Vice Mayor Gort: Good. Thank you. Mr. Brennan: Just a minor comment. If we keep stalling, the developer will be in - that's assuming that the RFP goes - will be in before these piers get built. If they had been built immediately after the storm, within six months, as Monty Trainer did, the City would have netted - netted - one hundred thousand dollars ($100,000), at least, per year, on the docks alone, just as an addition to Miamarina. It appears to me that every time we make a new drawing, the City is stalling. Am I wrong? I don't know, but I can't find any answers as to why all of the different drawings are put out. Vice Mayor Gort: Thank you, sir. OK. 82 June 27,1996 �,ykk fix: uk + ii Mr. Reep: I'd like one comment. As far as maybe Grant Sheehan or somebody from Public Works could tell you about that the money is at risk from FEMA. And I am concerned that... Do you understand that there is no funding for baffling systems at this marina? And at least a protected area, so that we don't have injury in the future during hauling out times might be considered before they submit plans. We had been told... met with City staff, and that they were not going to fill this area in. Two weeks later, they submit plans filling it in. Vice Mayor Gort: Thank you, sir. Mr. Reep. Thank you. Vice Mayor Gort: OK. What is the pleasure of this board? Commissioner Plummer: Again, my understanding is simple, and that is, a developer may or may not include a movie producing scenario. Commissioner Dawkins: News? News? News or money? I Commissioner Plummer: He may or may not include in his proposal a movie producing or not. That's up to him. Commissioner Carollo: Sure. Commissioner Plummer: He will be the one who will make his decision. Commissioner Dawkins: It could be a "she." It don't have to be a "he." Commissioner Plummer: Well, he or she. Commissioner Dawkins: Thank you. Commissioner Plummer: Thank you, Rosario. You know, it's... I don't understand. And the one point that the gentleman made, I thought was without question, the primary - so we understand - the primary is, in fact, going to be the boatyard and facility to service boats. Secondary, we will allow, if the developer so desires, to entertain him making part of his proposal for movie... making of movies, or commercials, or videos, or whatever. So the... I want to make sure I know what I'm voting on. Mr. Luft: Right. Commissioner, the terminology is "required boatyard." Commissioner Plummer: Well, but... Mr. Luft: You can't call a 38... Commissioner Dawkins: Wait a minute. Hold it, hold it, hold it. . Commissioner Plummer: No, that's not... that... No, no, no. 1, Commissioner Dawkins: No, that's not what I told you. Commissioner Plummer: No no no. i Vice Mayor Gort: Excuse me. June 27, 1996 �rt Commissioner Dawkins: I told you a... "demand a boatyard." Not no "required." Commissioner Plummer: There's a big difference. Commissioner Dawkins: Now, see, I've been up here going through this ever since I've been here. The orders to you and everybody else was a full service boatyard. Mr. Luft: That's what it says. Vice Mayor Gort: Boatyard. Commissioner Dawkins: It was not... Not no "desired," it was "required." Mr. Luft: No, I didn't say "desired." I said "required." Commissioner Dawkins: Beg your pardon? { Mr. Luft: I said "required." Commissioner Plummer: Well, let me tell you, Jack, there's a big difference between a primary use and an accessory use, OK? Mr. Luft: Right. Commissioner Plummer: There is a big difference. I Mr. Luft: Right. Commissioner Plummer: And for this vote, when the projects come back - and I hope we have many applicants - the major portion is going to be for the boatyard. There are many other places that movie companies can go. The boats have got to be at the water's edge. Mr. Luft: You're right. A. Quinn Jones, III, Esq. (City Attorney): Commissioner Plummer, are you proposing an amendment, instead of "primary" that it be "accessory or secondary," or what? Commissioner Dawkins: No. Primary. Mr. Jones: No, I'm talking about... Vice Mayor Gort: Excuse me. Excuse me. He's talking about the new amendment to the RFP. Commissioner Plummer: The addendum. } Vice Mayor Gort: It should be "accessory." Am I correct? That's what you want? ICommissioner Plummer: The "accessory" is the movie.' Commissioner Dawkins: No, I'm saying. OK. What do I want to say, Mr. City... Vice Mayor Gort: Excuse me. ' June 27, 1996 p., Commissioner Dawkins: No. You have... OK. What do I want to say, Mr. City Attorney, to make plain English that a full service boatyard is the first and only priority of mine. How do I say that? Mr. Jones: Commissioner, you've already stated that. That's been stated by this Commission. What they.. Commissioner Dawkins: OK. Well, why are we saying now that if.. If this Commission has requested and said it's to be a first class boatyard, why do I want an accessory now? Mr. Odio: Why can't we just say in the resolution... Vice Mayor Gort: Excuse me. Excuse me a minute. Commissioner Dawkins: Go right ahead, Mr. Mayor - Vice Mayor. ' Vice Mayor Gort: Let the Attorney... What she's trying to do is the new use that's being presented to us. So it shouldn't be primary. Its an accessory. That's the movie. Mr. Attorney, would you answer that question? Mr. Jones: Commissioner, what... This Commission has made it very clear, when you authorized the issuance of the RFP, that the major use would be that for a boatyard and to service boats, whatever. What's before you now is that to give those particular individuals who want to respond to the RFP the opportunity to include in their response to the RFP an optional use for a multimedia center, which would be an accessory use, as opposed with being worded here as a primary use. Commissioner Dawkins: The only... OK. I hear you, Mr. City Attorney, but I... Mr. Jones: But you're more than clear in saying that you want the major use, the primary use, to be a boatyard. Commissioner Plummer: That's it. Commissioner Dawkins: OK. Yeah, but see, I've been here long enough to know that when you i don't say what you mean, and you add something else, that's not what you meant. Mr. Jones: But Commissioner, that's what's in the RFP that's out there. Commissioner Dawkins: OK. Well, that's all I want out there. Mr. Jones: Yeah, Commissioner Dawkins: I don't want no accessory or anything else added to it. I just want "boatyard, primary." Vice Mayor Gort: It's been moved and seconded already. 85 June 27, 1996 _ �u ;s«n�: ;. j �t,�. Commissioner Dawkins: I second it, Commissioner Carollo: ... with the stipulations that Commissioner Dawkins included before. Vice Mayor Gort: It's been moved and seconded. Is there any further discussion? Being none, all in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. Thank you. Rescind the withdrawal. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO.96-475 A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A FINANCIAL AGREEMENT WITH RESPECT TO MUNICIPAL SECURITIES ISSUED BY THE CITY, .AS MORE SPECIFICALLY SET FORTH HEREIN; ESTABLISHING CERTAIN FINANCIAL PARAMETERS WITH RESPECT THERETO; DELEGATING TO THE CITY MANAGER OR HIS DESIGNEE THE NEGOTIATION AND EXECUTION OF THE TERMS OF SUCH AGREEMENT; AUTHORIZING AND DIRECTING THE APPROPRIATE OFFICERS OF THE CITY TO TAKE SUCH OTHER ACTION AS SHALL BE NECESSARY AND APPROPRIATE IN FURTHERANCE OF THE INTENT HEREOF; PROVIDING FOR SEVERABILITY AND REPEAL; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. M. June 27,1996 ------------------ ------------------------------------------ ---------------------------------------------------- 20. PERSONAL APPEARANCE: ALBERT R. VALDEZ, CONCERNING ORDINANCE ARTICLE 9, SECTION 920.2.2 -- BOATS IN FRONT YARD AND/OR RECREATIONAL VEHICLES. ----------------------------- ---------------------------------------------------------------------------------- Vice Mayor Gort: Back to 11- 10. Commissioner Dawkins: Ten? Item 10? What is item 10, Mr.... Vice Mayor Gort: How you doing? It's a personal request. Commissioner Carollo: Yes. Mr. Valdez. Mr. Alberto Valdez: Hi. Vice Mayor Gort: Yes, Mr. Valdez. Mr. Alberto Valdez: My name is Alberto Valdez. I live at 2480 Abaco Avenue. I'd like to preface this by saying that it was suggested by Building and Zoning that I come before you. Commissioner Plummer: Pull the mike up. Mr. Valdez: Oh, I'm sorry. I have a cold. It was suggested by Building and Zoning that I come before you, and I believe that this might need to be seen by the Zoning... Commissioner Dawkins: Pull the mike to you, sir. We can hardly hear you. Commissioner Carollo: You got a conflict of interest... Mr. Valdez: ... by the Zoning Board. I recently got cited for having a boat in my front yard, and I wasn't aware of this ordinance, and neither was a neighbor of mine. And from what I've found out, about 50 of my neighbors within the general vicinity have also been cited. What I come before the board, the Commission for, is to ask Building and Zoning if they could look into making an amendment to this ordinance with conditions, allowing individuals that don't have the property or physical ability, to move either recreational vehicles or boats into the back yard, some opportunity to have them in the front yard, provided that the neighborhood signs a petition, or they get permission from their neighbors that this is not a disturbing factor to them. There are no complaints against the actual individual boat. If, in the future, there should be some kind of a complaint against them that the individual would have to move the boat. As it is now, my understanding, several of the individuals in my neighborhood have been cited, and there was no complaints against them. It was just something that North NET (Neighborhood Enhancement Team) had cited them for. And I understand they are doing their job, and that is part of their job. However, if the only people that are upset with the condition are the NET Grove, I don't see where it would be a problem, if the neighborhood signed a petition allowing those individuals to have their boat there. And again, this was recommended from Building and Zoning, and I come before you, and I believe this is something that probably should have gone before the Zoning Board. Commissioner Plummer: Let me... Commissioner Carollo: Did you say recreational vehicles, too? June 27, 1996 a Mr. Valdez: Yes, sir, recreational vehicles. Commissioner Plummer: Yes, sir. Sure is. Vice Mayor Gort: He's got a conflict. Commissioner Plummer: No, I do not. Commissioner Carollo: I agree. Commissioner Plummer: No, no. If you two were... Commissioner Carollo: You can't talk in this issue. Commissioner Plummer: No, no. I Commissioner Carollo: The Vice Mayor is right. You got a conflict. i Commissioner Plummer: If you two were as legal as I am, you wouldn't be having problems that you do. Let me tell you what happened and why this came about, so that you'll know. And there was no way that we had an opportunity. We had derelict boats that were being parked in front of houses, and left there for years. We had boats that were put in front of houses that were being worked on mechanically in residential areas. The same thing applied to recreational vehicles. And so what they came up with, which was the only thing that they could apply uniformly across the board, was that you had to have it in a back yard. That was the ordinance that was passed. And there was no way at the time that, as I recall, when we discussed this ordinance before, that you could differentiate between something that was nice looking and something that was a piece of junk, or something that was a derelict. And I think that's how this thing came about. Now, I'll just give you the history on the thing. Vice Mayor Gort: OK. Thank you, sir. Do you want to speak on this item? Commissioner Plummer: No. They're the... Mr. Manager... Ms. Ellie Haydock: Only if you have questions. Commissioner Plummer: No, there's no questions. Mr. Manager, may I go back just to the boatyard, please? My office has received a number... Vice Mayor Gort: Excuse me. Commissioner Plummer: OK. Vice Mayor GortThis gentleman is waiting for what is the decision of this board. There's nothing we can do. Commissioner Plummer: They can take it... " Mr. Valdez: No, I fully understand the origin of that ordinance, and what it was for, and I'm not trying to remove that, because I fully believe that if there is a derelict boat or it's detracting from the neighborhood that there should be remedies to remove it. However, I also believe that... I've ' seen that there are certain conditions and exceptions to a lot of ordinances that... provided that there are no complaints. And I would furthermore go to say that if the neighbor several blocks away complains, then it's the obligation of that individual to remove the boat. }}� 89 June 27,1996 I I Vice Mayor Gort: The problem that you have with that is the procedure is that you would have to go back to the Planning and Zoning. They're the ones that would have to look at it and see what they can do with it. Commissioner Plummer: Yeah. Mr. Valdez: I fully understand that. Vice Mayor Gort: There's not a decision that we can make here. Mr. Valdez: I understand that. The reason why I'm here is because I spoke to Carlos Smith, and he said I should come to you and not to the Zoning Board. Mr. Odio: You said that? F: Mr. Valdez: I've spoke to Ms. Haydock and... Vice Mayor Gort: Well, you shouldn't have been here. I mean, this is not the procedure. The procedure should be... This should have been at the Planning Department. The Planning Department should have looked at it. Mr. Odio: No, what... Excuse me, Mr.... What he said to him was that we have no authority to change his orders, and we're not going to, that if he wanted to... Mr. Valdez: Make a personal appearance and then... Mr. Odio: ... make a personal appearance and complain about the ordinance, that's his prerogative. Mr. Valdez: The City Manager's office, I went up to him and said, "What do I need to do?" And they said, "You need to make a personal appearance." They did not tell me to go before the Zoning Board. And I realized, you know, that's the way it should have been, but I did what I was... Mr. Odio: I will say this so... Mr. Valdez: ... recommended to do. Mr. Odio: We have to enforce this ordinance, not make it so. We have to make the City look presentable. Mr. Valdez: I fully agree. Mr. Odio: And the boats don't belong there. They belong in the... what the ordinance says. Vice Mayor Gort: OK. t; Mr. Valdez: I understand that. However, in the City of Miami, a lot of the homes that were built in the '40s, and which I... is a home that I have, this ordinance didn't exist, and they had... Mr. Odio: You tried to park... r- Mr. Valdez:... they made no provisions for putting a vehicle... 90 June 27, 3.996 Mr. Odio: Yeah. You try to park a boat or a pickup truck in Coral Gables. Vice Mayor Gort: Excuse me. Let's not have any back and forth debate. My understanding is that this Commission is not ready to take a position on this ordinance right now. Maybe the Planning Department can look at it, and they can study and see if they can come up with some kind of solutions. We will not be able to do that. So if the Commission agrees, I think we can instruct the Planning Department to look at it and see if they could come up with any kind of a solution. OK? Thank you. -------------------------------------------------- 21. DISCUSSION CONCERNING NEED TO REPAIR (GROOVE) SEMINOLES DOCKS. i -------- ----------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Vice Mayor, if I may. Vice Mayor Gort: Yes. Commissioner Plummer: Mr. City Manager, very quickly, about the boats. My office has received complaints about the "SEMINOLE" and the docks over here, that they need to be grooved, that they're very slippery, and the cars are sliding back and forth. And if you would put grooves in that runway, they say that it would stop the cars from going in the drain. Just bringing it to your attention. Mr. Cesar Odio (City Manager): You realize those... OK. I will groove it. Commissioner Plummer: Bringing it to your attention. Vice Mayor Gort: Thank you. ---------------------------------------------------------------------------------------------------------------- 22. DISCUSSION CONCERNING PROPOSED EMERGENCY ORDINANCE: TO AMEND CODE TO PROVIDE THAT ALL MEMBERS OF CITY BOARDS SERVE FOR ONE (1) YEAR OR UNTIL NOMINATING COMMISSIONER LEAVES OFFICE --(AMEND SECTIONS 2-238, 2-276, 2-422, 2-429, 14-26, 14- 27, 29-63, 35-193, 38-73, 45-5.2, 52.6-3, 54-95, 54-172, 62-47, 62-71, 62-78 AND 62-84)--SEE LABEL 24. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Item 11. Commissioner Plummer: Move it. Vice Mayor Gort: It's been moved. Is there a second? This is the ordinance limiting the terms of office of members... Commissioner Dawkins: Second. Vice Mayor Gort: It's been moved and seconded. Is there any discussion? If none, all in favor, state so by saying "aye." 91 June 27, 1996 The Commission (Collectively): Aye. A. Quinn Jones, III, Esq. (City Attorney): I've got to read the ordinance. Vice Mayor Gort: PZ-1 has been deferred. Mr. Walter Foeman (City Clerk): It's an emergency. It's an emergency ordinance. Mr. Jones: I've got to read the ordinance. [AT THIS POINT, THIS ITEM IS MOMENTARILY INTERRUPTED. SEE LABEL 24.] [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] ---------------------------------------------------------------------------------------------------------------- 23. DEFER CONSIDERATION APPEAL OF ZONING BOARD'S DECISION. TO PERMIT A CONVERSION OF A 16-UNIT APARTMENT BUILDING TO A ROOMING / LODGING HOUSE CONTAINING 16 LODGING UNITS AT 3201 AVIATION AVENUE) TO SECOND COMMISSION MEETING IN NOVEMBER 1996 [Applicant: Daniel and Brigitte Kavanaugh -- SEE LABEL 26. ---------------------------------------------------------------------------------------------------------------- Mr. Cesar Odio (City Manager): He wants to wait... He wants to... Vice Mayor Gort: Hello. Mr. Bob Fitzsimmons: My name is Bob Fitzsimmons. I'm here on PZ-6. I'd like to defer that until we have a full board. Mr. Odio: He's deferring that. Commissioner Dawkins: OK. So move. {{ Vice Mayor Gort: PZ-6, to defer until a full board. It's been moved and seconded. I ! Commissioner Plummer: Second. Mr. Walter Foeman (City Clerk): Vice Mayor... A. Quinn Jones, III, Esq. (City Attorney): Excuse me. You have a pending ordinance. I need to read the ordinance so you can vote on it. It's an emergency ordinance. Commissioner Plummer: Which... On what item? 92 June 27, 1996 Mr. Cesar Odio (City Manager): Eleven. Mr. Jones: Number 11. Vice Mayor Gort: Excuse me. Excuse me. Commissioner Plummer: Oh, OK. Vice Mayor Gort: Let's finish with 6 for a minute. There's a request for 6. There's... A motion has been made, it's been seconded. Commissioner Plummer: On what? Vice Mayor Gort: Any discussion... On item 6 to be deferred until November, full board. Commissioner Dawkins: November. Commissioner Plummer: OK. Vice Mayor Gort: OK? It's been moved and seconded. Commissioner Plummer: Yeah. And that would be the meeting in November. Vice Mayor Gort: November. Commissioner Plummer: OK. Vice Mayor Gort: OK? Being no discussion, all in favor, state so by saying "aye." The Commission Collectively: Aye. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-476 A MOTION TO DEFER AGENDA ITEM PZ 6 (APPEAL OF ZONING BOARD'S DECISION TO PERMIT A CONVERSION OF A 16-UNIT APARTMENT BUILDING TO A ROOMING/LODGING HOUSE CONTAINING 16 LODGING UNITS AT 3201 AVIATION AVENUE) TO THE SECOND COMMISSION MEETING IN NOVEMBER 1996. 93 June 27, 1996 ABSENT: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. [NOTE:: AT THIS POINT, THE CITY COMMISSION CLOSES DERATION OF PLANNING AND ZONING ITEMS TO CONSIDER ITEMS FROM REGULAR PORTION OF THE AGENDA.] -------------------------------------------------------------------------- 24. EMERGENCY ORDINANCE: AMEND CODE TO PROVIDE THAT ALL MEMBERS OF CITY BOARDS SERVE FOR ONE (1) YEAR OR UNTIL NOMINATING COMMISSIONER LEAVES OFFICE --AMEND SECTIONS 2- 238, 2-276, 2-422, 2-429, 14-26, 14-27, 29-63, 35-193, 38-73, 45.5-2, 52.6-3, 54- 94, 54-172, 62-47, 62-71, 62-78 AND 62-84. SEE LABEL 22. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Sorry, Mr. Attorney. Eleven. Commissioner Dawkins: Now, 11, you got to call the roll. Vice Mayor Gort: OK. Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE RELATING TO THE TERMS OF OFFICE OF THE MEMBERS OF CITY BOARDS, THEREBY AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT ALL MEMBERS OF CITY BOARDS SHALL SERVE FOR A TERM OF ONE (1) YEAR OR UNTIL THE NOMINATING COMMISSIONER LEAVES OFFICE, WHICHEVER OCCURS FIRST; MORE PARTICULARLY BY AMENDING -238, 2-276, 2-422, 2-429, 14-26, 14-27, 29-63, 35-193, 38-73, 45.5-2, SECTIONS 2 52.6-3, 54-95, 54-172, 62-47, 62-71, 62-78 AND 62-84 OF SAID CODE; { CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE ! AND PROVIDING FOR AN EFFECTIVE DATE. l r) 94 June 27, 1996 was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, 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: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None, Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: ABSENT: None. None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11373. 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. I Vice Mayor Gort: Thank you. [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS FORM THE PLANNING AND ZONING PORTION OF THE AGENDA.] t 95 June 27, 1996 ----------------------------------------------------------- 25. REMAND TO ZONING AND HISTORIC PRESERVATION BOARDS TO AMEND APPLICATION OF PROPOSED ORDINANCE TO AMEND ORDINANCE 11000, FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY, TO CHANGE THE ZONING ATLAS FOR PROPERTY AT 2521 SOUTH BAYSHORE DRIVE, TRAPP HOUSE. [Applicant: Marshall Connally, Trustee for Florence Connally] Ms. Conally: Is now the time to request something to be remauded? Vice Mayor Gort: Yes, ma'am. Ms. Conally: I'm Marshall Conally, and this is in regards to PZ-16. I represent 20... Vice Mayor Gort: Sixteen? Ms. Conally: Yeah, number 16. I represent 20... Commissioner Plummer: Are you the applicant? Vice Mayor Gort: Excuse me, J.L. Wait a minute. Ms. Conally: Yes. I represent the applicant. My name is Marshall Conally, and this is 2521 South Bayshore Drive, the Trapp house. I request that this be remanded to the Zoning Board at this time, to the lower boards, to the HEP (Historical and Environmental Preservation) Board first, and then the Zoning Board. Vice Mayor Gort: OK. Commissioner Plummer: I'll move it, but you know that they approved it. I mean, you don't come out of there with better than an approval. Vice Mayor Gort: Excuse me. Let staff explain. Yes. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Yes. Lourdes Slazyk, Community Planning and Revitalization. The reason for it to be remanded to the lower board is to amend the application. And... Commissioner Plummer: OK. All right. Vice Mayor Gort: OK. It's been moved. Is there a second? M. June 27, 1996 Commissioner Dawkins: Second. Vice Mayor Gott: It's been moved and seconded. Any discussion? Yes, sir, do you want to address this item? Mr. Dan Cavanaugh: No, not this item. I... Vice Mayor Gott: OK. Excuse me. Let me finish with this, then. Mr. Cavanaugh: PZ-6. Ms. Slazyk: PZ-16. Vice Mayor Gott: Any further discussion? All in favor, state so by saying "aye." l The Commission Collectively: Aye. r Commissioner Plummer: That's to November, right? Vice Mayor Gott: Right. No, no. That's going back. That's the other. Commissioner Plummer: That's to the other board. That's... OK, OK. Vice Mayor Gott: Thank you. Unanimous. Mr. Joel Maxwell (Deputy City Attorney): To the Zoning Board and the HEP Board. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-477 A MOTION REMANDING AGENDA ITEM PZ 16 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000, FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL AN DHP HISTORIC PRESERVATION OVERLAY, TO CHANGE THE ZONING ATLAS FOR A PROPERTY LOCATED AT 2521 SOUTH BAYSHORE DRIVE, TRAPP HOUSE) TO THE ZONING AND THE HISTORIC PRESERVATION BOARDS IN ORDER TO AMEND THE APPLICATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gott None. None. 97 June 27, 1996 ---------------------------------------------------------------------------------------------------------------- 26. (A) (CONTINUED) RECONSIDER APPEAL OF ZONING BOARD'S DECISION OF MAY 6, 1996, WHICH GRANTED A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000 TO PERMIT A CONVERSION WITH CONDITIONS, FROM 16 UNIT APARTMENT BUILDING, ROOMING/LODGING HOUSE WITH 16 LODGING UNITS, FOR PROPERTY AT 3201 AVIATION AVENUE -- [Applicant: Daniel and Brigette Kavanugh) SEE LABEL 23 (B) CONTINUE TO NOVEMBER 28, 1996 AGENDA ITEM PZ-6, WHICH TITLE WAS STATED ABOVE - ---------------------------------------------------------------------------------------------------------- Commissioner Plummer: Dan? Mr. Dan Cavanaugh: Mr. Vice Mayor, excuse me for interrupting, but my name is Dan Cavanaugh. I am the applicant in number 6. I've been sitting here all evening prepared to go forward. A moment ago, I heard some discussion about item 6 somehow being... And I saw the lady put something up here. However, I am here, I am the applicant, I'm prepared to go forward. Nobody mentioned anything to me about continuing this item, and when it is called in due course, in due order, I am prepared to go forward. Commissioner Plummer: Who asked for it? Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Mr. Cavanaugh was the applicant for the use, but this is an appeal, and I believe the person asking for the continuance was the appellant. Vice Mayor Gort: It's the person that appealed. Commissioner Plummer: Oh, yeah. OK. Vice Mayor Gort: Sorry, sir. Mr. Cavanaugh: So the person asking for the appeal... Commissioner Plummer: No. Ms. Slazyk: The continuance was the appellant. Commissioner Plummer: The appellant. Vice Mayor Gort: The appellant is the one asking for a continuance. Commissioner Dawkins: Mr. Cavanaugh... What they said, Mr. Cavanaugh, was, which is - they have a right they want the issue to be heard before a full board. And that's the technicality that they used in order to get the hearing extended. Mr. Cavanaugh: I understand that, Commissioner, and I do appreciate that input. However, I believe the procedure of the Commission is to request applicants who wish to defer to make their position known at the beginning of the meeting. And the Commission did offer that opportunity (. to all parties at the beginning of the meeting. And as the applicant, I was here... 98 June 27, 1996 Commissioner Dawkins: You can't, because the applicant is... Vice Mayor Gort: Well, I understand he's not the applicant, and we're going to vote the same, but he wants the right to speak and address it. Commissioner Dawkins: OK. All right. All right. Move to reconsider. Vice Mayor Gort: Second? Commissioner Plummer: Well, OK, but... Yeah, I second. What are we trying to accomplish? Vice Mayor Gort: All in favor, state so by saying "aye." The Commission Collectively: Aye. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-478 A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM PZ 6 (APPEAL OF A ZONING BOARD'S DECISION OF MAY 6, 1996, WHICH GRANTED A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000 TO PERMIT A CONVERSION WITH CONDITIONS, FROM A 16 UNIT APARTMENT BUILDING TO A ROOMING / LODGING HOUSE WITH 16 LODGING UNITS, FOR A PROPERTY LOCATED AT 3201 AVIATION AVENUE). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: OK, sir, we'll reconsider it. Mr. Cavanaugh: Will item 6 now be heard and... j Vice Mayor Gort: No, sir. 01 June 27, 1996 Mr, Cavanaugh: Oh, you're going to... Vice Mayor Gort: You can only speak about the deferment. Mr. Cavanaugh: Only speak about the deferral. Vice Mayor Gort: Yes, sir, why you don't want to have it deferred. Mr. Cavanaugh: Mr. Vice Mayor, I am the applicant, and I do not wish to have it deferred. It has been scheduled for tonight's agenda. Commissioner Plummer: No, no. Mr. Cavanaugh: And as the applicant, I am here and prepared to go forward, even though there is a short Commission. I'm prepared to present my case and to have it decided, and I would request that we go ahead and hear it as scheduled. Vice Mayor Gort: OK. Commissioner Plummer: Mr. Vice Mayor. Vice Mayor Gort: Yes, Commissioner Plummer. Commissioner Plummer: Unless I'm wrong, Dan, you are not the applicant, as it is before us. The appeal is the applicant. OK? Vice Mayor Gort: The appellant is the applicant, yes, sir. Commissioner Plummer: And for that reason, they are, at this time, in the driver's seat. You were in the driver's seat at the lower level. They are appealing to us, puts them in the driver's seat, as far as the appeal is concerned. Vice Mayor Gort: Commissioner Plummer, all I want to do is give the opportunity to everybody to speak. The gentleman spoke, and now, we'll take a decision. Commissioner Plummer: Well... Vice Mayor Gort: Move to defer but... Ms. Slazyk: Till November? Vice Mayor Gort: Till November. Is that your motion, Plummer? ' - Vice Mayor Gort: Seconded. All in favor, state so by saying "aye." f The Commission (Collectively): Aye. Vice Mayor Gort: Thank you, sir. 100 June 27,1996 j The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-479 A MOTION TO DEFER AGENDA ITEM PZ 6 (APPEAL OF A ZONING BOARD'S DECISION OF MAY 6, 1996, WHICH GRANTED A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000 TO PERMIT A CONVERSION WITH CONDITIONS, FROM A 16 UNIT APARTMENT BUILDING TO A ROOMING/LODGING HOUSE WITH 16 LODGING UNITS, FOR A PROPERTY LOCATED AT 32001 AVIATION AVENUE) TO THE SECOND COMMISSION MEETING IN NOVEMBER 1996. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. 101 June 27, 1996 27. (A) DIRECT ADMINISTRATION TO CONDUCT A WORKSHOP WITH RESIDENTS, CITY OFFICIALS (INCLUDING MIAMI POLICE DEPARTMENT) AND STAFF AT A TIME CONVENIENT TO THE NEIGHBORS, IN ORDER TO DISCUSS TRAFFIC PROBLEMS THAT MAY ARISE FROM POSSIBLE CITY COMMISSION ACTION GRANTING SPECIAL EXCEPTION FOR DRIVE THROUGH FOR FINANCIAL INSTITUTION LOCATED AT 2200 SOUTH DIXIE HIGHWAY; FURTHER CONTINUING SAID REQUEST TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996. (B) DIRECT CITY CLERK TO ADD "SO HELP YOU GOD" TO OATH ADMINISTERED TO PUBLIC DURING CITY COMMISSION MEETINGS ON PLANNING AND ZONING ISSUES. j (C) DIRECT ADMINISTRATION TO PROVIDE POLICE REPORT CONCERNING TRAFFIC ACCIDENTS THAT HAVE OCCURRED AT INTERSECTION OF S.W. 22ND AVENUE AND SOUTH DIXIE HIGHWAY. (D) CONTINUE AGENDA ITEM PZ-3 (REQUEST FOR SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL FOR A DRIVE -THROUGH WITH A REDUCTION OF REQUIRED RESERVOIR SPACES FOR A FINANCIAL INSTITUTION LOCATED AT 2200 SOUTH DIXIE HIGHWAY) TO MEETING OF JULY 25, 1996. [Applicant: Tri-W Investment, J.P. O'Neill for Bank Atlantic) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: PZ-2. Mr. Francisco Garcia: Good evening. My name is Francisco Garcia, with the Department of Community Planning and Revitalization. This item is to propose a drive -through bank on the corner of 22nd Avenue and U.S. 1. This particular parcel has been vacant for a long time. And a proposal for a development has come, which this department thinks is actually a good one. The use is appropriate for the site. It's fairly small in scale. The building is well designed. The landscaping treatment proposed for the site, we feel, is commendable. And the lighting scheme is very successful, in that there is no spillover lighting. The one concern this department has is that the circulation pattern on the intersection of 22nd Avenue and U.S. 1 is potentially troublesome. For that reason, we have asked the applicants to prepare a study which will set up some threshold which would indicate to us when that potentially troublesome condition would be too troublesome, at which point in time, we would request that they close the egress onto 22nd Avenue and turn it into only an ingress. That's all I have by way of presentation. I'll answer any questions you have. Thank you. Vice Mayor Gort: Thank you. Is there anyone who's going to testify on PZ-2? Anyone who's going to testify on PZ-2, could you please stand to be sworn in. Commissioner Plummer: Swear them in. Vice Mayor Gort: Mr. Clerk. 102 June 27, 1996 AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Mayor Gort: Thank you. Commissioner Plummer: What happened to "So help you, God"? Mr. Walter Foeman (City Clerk): I was told by legal counsel that I couldn't include that in the swearing. Mr. Joel Maxwell (Deputy City Attorney): It's not required in the law... Commissioner Plummer: I didn't say it was required or not required, but have we gone that far in this City that we forgot about it? Mr. Maxwell: We're not required under law to make a person... to take... We cannot make a person to take that oath. :. Commissioner Plummer: They could refuse to take it. Uh-uh. Commissioner Dawkins: I'm with J.L. Commissioner Plummer: I tell you something... Vice Mayor Gort: The Commission will ask them to do, and then whoever wants to do it. Go ahead and... Commissioner Plummer: Mr. Vice Mayor... Vice Mayor Gort: Excuse me. Commissioner Plummer: In the future, you say it, and if they don't want it, they have the right ; to refuse to say it. Vice Mayor Gort: OK. Mr. Foeman: All right. Commissioner Dawkins: Wait a minute. Let's get a reading from the City Attorney. Commissioner Plummer: Huh? Commissioner Dawkins: Is that correct? Mr. Maxwell: You cannot make a person... We can't make a person to... Commissioner Plummer: It's not required, right? Vice Mayor Gort: Excuse me. Let's listen. Yes, sir. Mr. Maxwell: We cannot legally make a person take that particular form of the oath. Commissioner Plummer: They can refuse. 103 June 27, 1996 z Vice Mayor Gort: They don't have to say it, but we can... We can say it, and they don't have to follow it. Am I correct? Is that what you're saying? Mr. Maxwell: No. Say it, but then the question is whether or not they have, in fact... they are, in fact, under oath at that time. Commissioner Plummer: Huh? Mr. Maxwell: That does raise a legal question of whether they're under oath. Vice Mayor Gort: Thank you, sir. Yes, ma'am. Ms. Lucia Dougherty: Good evening, Mr. Vice Mayor, members of the Commission. My name is Lucia Dougherty with offices at 1221 Brickell Avenue, here today representing the owner/applicant, as well as Bank Atlantic, which is the applicant, and wishes to purchase the property. Commissioner Carollo: Lucia, I'm sorry. I'm going to have to interrupt you. And, you know, I really don't want to do this, but I want to be able to give someone the opportunity to make any statements they would like to. This, again, is the second time this happened today. It's happened in a previous meeting. There's a gentleman here, Mario Miranda Blas, that I don't know if he's got a problem with Commissioner Dawkins or myself, but he keeps coming up here giving us dirty looks. Now, if there's an item that he would like to speak on, please come up and discuss it. All right, sir. No item at all. Now, if you'd like to say anything else, very good, sir. Go ahead. Ms. Dougherty: I'm here on behalf of both the bank, as well as the owner/applicant in this case. With me, I'm joined by Steve Helfman, who is also the attorney for the bank, as well as Ned Shandloff, who is a principal in the bank. As you know... I'm sure you're all familiar with this piece of property. It's a vacant parcel on 22nd Avenue and U.S. 1 that's used oftentimes by folks who are selling all kinds of merchandise, including rugs and furniture, all which is not permitted by my client, who happens to live in Atlanta. The only use that he has ever permitted legally on there is the sale of Christmas trees one time. But people use it all the time because he's an absentee owner, has tried to sell the property for any number of years, but we have now found the perfect buyer for this property. This is somebody who wants not to put a bank in there, which is permitted, without any permission from you, without coming before this board, whatsoever. They're not asking to put a multifamily building with several stories, that would look into the neighbor' houses behind on 31st Street, which is also permitted, without having to come here. You just go in and get a building permit. They're not seeking, for example, to put a health clinic there, which would be permitted without any kind of permission from you, ingress and egress on 22nd, as well as U.S. 1. What they're asking for is simply to put a drive-in teller, no bank, no offices, which means for the residents that there aren't any garbage trucks going back and forth there, except for what's minimally necessary to maintain the property, there aren't any kind of commercial vehicles going back and forth there, and the real issue - and if I could come forward - the real issue, as I understand it, from the neighborhood and from everybody else, , is, what happens here on 22nd Avenue? We, the bank, requires and would like to have ingress and egress both on 22nd Avenue, because you can see, if somebody was going to go I south on U.S. 1, and they are exiting here, they would have to come along U.S. 1, make a U-tum somewhere along here, which is a dangerous condition, and what we need to have is an exit here that would be able to turn on 22nd Avenue. We would be willing, for example, to have an exit only, no left turn only exit out of the site, so that it could only turn this way, maybe during I certain hours, during rush hours, for example. The other issue is... Oh, the other condition which the City wants to impose, that we initially didn't agree with, but we do agree with now, is 104 June 27,1996 that right now, as we have our traffic engineers here, Kahart Pinder, from David Plummer Associates, tells us that this intersection is not congested at this time. There is not a problem at this intersection. But sometime in the future, based on the study that is done now, if they determine that this intersection becomes a critical intersection, and becomes unsafe or hazardous, we would close this intersection, or the ingress - excuse me - the egress from this property. That's a condition that the Planning Department had made a recommendation. We would agree with that recommendation. We initially opposed it, but we would like to proffer that as a condition that we would accept at this time. If there are any questions, I would be happy to answer them. Vice Mayor Gort: OK. Thank you. We'll hear from those in opposition. Is anyone in opposition? Ms. Ann Winset: Hello. My name is Ann Winset, 3201 Southwest 22nd Avenue for 13 years. First of all, I would like to commend the City for the public notice posting on the Trapp House property. I would like to point out, however, there has been no such notice on this property for at least two and a half months, not giving anyone other than, you know, if you're on Charlotte's call list, then you know when this item is coming before the Commission. I would like to request a deferment so that this can be publicly posted, so that the people can know that this item is coming up. Thank you. Vice Mayor Gort: Thank you. Ms. Christina Cuervo (Assistant City Manager: Commissioners, this was posted originally, but it was continued at the last Commission meeting, and the continuance is not further noticed. It's noticed at this meeting, and therefore, there was no further notice on the posting. Vice Mayor Gort: Thank you. Yes, ma'am. Unidentified Speaker: Are you going to vote on that? Vice Mayor Gort: No, ma'am. My understanding is that this was posted, it says it was... it continues, and the people who were here at the public hearing knew there was a continuance. Ms. Duvall: Well, my name is Charlotte Duvall. I've lived at 1900 Secoffee Street for 50 years. I have been through this intersection many times, and to say it is not congestion is really ridiculous. This lot is important to the Bank Atlantic people for its advertisement value, and will add another black building to the others which are located on Dixie Highway. Such advertisement does not require either an exit or an entrance on 22nd Avenue. I would like to remind the City Commission that when 22nd Avenue was rezoned to allow planned unit development, the reason was to prevent any commercial development in this residential area. The Miami City Commission, at a later date, reinforced this plan when they allowed the commercial development on Dixie Highway, but specifically prevented any commercial use of 22nd Avenue. And they did that by placing a small park at that corner. We are now here to request that the City Commission continue to honor the precedent that's been set for many years by the Miami Commissioners. We request a continuous wall the entire length of the side of the lot which the bank will build on, and which borders 22nd Avenue. By doing this, you will continue to protect this residential neighborhood, as all City Commissioners have done in the past. Thank you. Vice Mayor Gort: Thank you, ma'am. Next. I, Ms. Thelma Altshuler: My name is Thelma Altshuler. I live at 3100 Jefferson Street. And I agree with what Ms. Duvall has said. I do believe that the area is already congested, and I am 105 June 27, 1996 very concerned about the proposal that they be allowed to do this now, and that it change, if it becomes more congested. And I want to know under what circumstances, or who would be responsible for doing that. I am very alarmed at the idea of either ingress or egress on 22nd Avenue. It is truly a residential area. I'm very concerned with the amount of traffic that there is at 17th Avenue and Dixie and at 27th and Dixie. And it fills me with horror that this would set another precedent that we would have a commercial area at 22nd and Dixie Highway. Please don't let them do this. Vice Mayor Gort: Thank you, ma'am. Next. Ms. Norma Post: I'm Norma Post, 2061 Tigertail Avenue. I've lived there for 40 years, and spent about 35 of them down at the Commission meetings trying to protect our neighborhood, and I'm still doing it, and I hope that I can retire soon. I wanted to propose, first of all - and I have something else to say, if you don't agree to this - there is here where it says that the applicant meet with the Department of Community Planning and Revitalization in an effort to arrive at optional queueing strategies, which would bring the proposal in compliance with the reservoir space criteria in the Zoning Ordinance. And I think that that should have been all decided and presented to this Commission, so we know what this queueing is going to be. Usually, on properties, this is all established and presented to the Commission, so that we know exactly what this plan is. We do not have this, and for that reason, I think that it should be deferred until they can present this to us. In addition, if you don't agree to that, this is an area... First of all, it wasn't... If you read the Zoning Board meetings, you'll notice that it wasn't exactly approved. What it was, what they did was send it on to you to decide on, because the attorney said that if they didn't, then it wouldn't have been... it wouldn't have gone any further. So someone wanted it brought before the Commission, and that's why it's here. But it was not exactly approved by the Zoning Board. Vice Mayor Gort: Excuse me, ma'am. Let me... In my fax here, it got granted for 12 months. It was approved by the Zoning Board. Ms. Post: Yes, that's... I'm glad you brought that up, the 12 months, because in... We have a very difficult traffic problem right now, because I constantly use 22nd Avenue going north and south, crossing U.S. 1, and there are usually ten cars trying to cross. And right now, that's why they have, on the other side, on the north side of 22nd Avenue, there are two lanes, and those two lanes are funneled into... well, two lanes for a very... for a few feet on the north... on the south side of U.S. 1 on 22nd Avenue, so that I always find myself waiting, because not only are people coming, backed up ten cars most of the day... I go through there may times. My business requires me to go in and out very often during the day, and I always find that I'm waiting because some people are turning onto Secoffee, making a left turn, and that detains the traffic. So right now, those... the traffic is just about able to cross 22nd Avenue... U.S. 1. If you're going to put any additional traffic on that 22nd Avenue there, what you're going to have is a stoppage of traffic on U.S. 1. It's going to be blocked, and possibly cause accidents. To put a 12-month trial period is saying that, first, we're going to cause the problem, and then we're going to try and cure it. I think that it's much less economical of time and money if we prevent the problem. The other thing... So I don't think, in the idea of any egress or exit on 22nd Avenue is... It's preposterous. And I remember when they built... Before they were building or proposing the building on the other side of 22nd, on the southeast corner, I remember Commissioner Plummer saying that we will never allow any traffic to egress or ingress on 22nd Avenue, because this is a residential neighborhood. So we're still relying on that statement, because at that time, he recognized that this was a residential community. Now, I haven't any objection to an apartment building. I mean, an apartment building... an office building on the southwest corner, the same as there is on the southeast corner, because that is from nine to five. This, it's worse than a bank, because you have the ATM (automatic teller machine) machine, you have these people 24 hours a day coming and going in here, you have an invitation to crime. That's another thing that I 106 June 27, 1996 think we should prevent, instead of causing another problem to the overworked Police Department. Now, we have an attraction of people because there's an ATM machine. This is a very good place for people to come in and rob, and while you're in the neighborhood, let's go around and see what else we can do. So I am very much opposed to the use of this property... I think it should be the identical use as across the way. And if this owner is a little bit greedy, that's why it hasn't been sold, that's his problem. And I please ask you to, as you have done in many instances in the past, to protect this unique neighborhood. And I ask you to please let me retire from this constantly coming here to protest the destruction of my neighborhood. I would like to enjoy it for a few more years quietly. Thank you. Vice Mayor Gort: Thank you, ma'am. Yes, sir. Next. Commissioner Carollo: From what hours to what hours is this going to be operating? Ms. Dougherty: Remember, this is not actually in... a bank. It's just machines, and so they'll be I, open 24 hours. Commissioner Carollo: Twenty-four hours. f Vice Mayor Gort: OK. Let's finish hearing from the... Yes, sir. Mr. Ron Cold: Yes. My name is Ron Cold. I live at 2542 Lincoln Avenue. Ms. Dougherty: Mr. Carollo... I'm sorry. Vice Mayor Gort: Excuse me. You can answer later. Ms. Dougherty: I'm sorry. Vice Mayor Gort: Go ahead, sir. Mr. Cold: I concur with the remarks of the previous speakers. And I take particular exception to the plans for ingress and egress. I traverse this intersection regularly. I think the problem is not so much with the volume of the traffic flow, but the nature of that intersection, its limitations, and also, the shortness of the traffic light. And I think Ms. Dougherty mentioned the possibility of a no left turn. Well, what are the implications of that? Where is the traffic going to go? Ms. Dougherty: No right turn, I meant. Vice Mayor Gort: Excuse me. Mr. Cold: Oh. Vice Mayor Gort: Madam, would you let him finish? And you'll get a few minutes of rebuttal later. Ms. Dougherty: Absolutely. { Vice Mayor Gort: Thank you. Yes, sir. Mr. Cold: I'm sorry if I misheard you. I thought no left turn. But the implications of that would be more traffic funneling into the neighborhood. So for those reasons, we are very much opposed to it. Thank you. 107 June 27, 1996 i Vice Mayor Gort: Thank you. There goes J.L.'s alarm. Yes, sir. Mr. Andy Parrish: My name is Andy Parrish. I live at 1774 Opechee Drive, about a block from this intersection. And I just wanted to commend the Planning Department for looking ahead, which I... to me, is the definition of "planning." They say that they anticipate this 22nd Avenue intersection failing. And they are trying to put in some safeguards, so if that happens, we're not stuck with another 17th Avenue, which I can tell you that when I come out of Noe -A -Tee Drive, I have sometimes to swing right, and go all the way down to Tigertail, to get in line, to go through... onto U.S. 1 from 17th Avenue. So the Planning Department, rightly, is looking forward saying, "Don't let this happen. Put in some safeguards and stop this intersection from failing." I think it's a very wise decision, and I want to commend the Planning Department. Thank you. Vice Mayor Gort: Thank you, sir. Anyone else? Ms. Joyce Nelson: Hi. Joyce Nelson, 2535 Inagua Avenue. And I use this intersection almost daily, and it is different from 17th Avenue. The traffic moves, it's a great intersection. 17th Avenue is not working very well. I support everyone that spoke here tonight in opposition to this. They've been working on this for a long, long time, and they have been working with the bank and trying to resolve this, and it's not working. I hate to make an analogy that maybe you wouldn't like, but this is like another Farmer's Market issue. The people don' want it. They just don't want it. And I recommend that you deny it. Vice Mayor Gort: Thank you. Anyone else? OK. You get a few minutes for rebuttal. Ms. Dougherty: Thank you. To correct what I had said earlier, the drive through lanes are closed during... they're only open during business hours. The ATM machine will be open 24 hours. So the drive through, again, would be closed after business hours. Commissioner Carollo: What are your business hours though? Ms. Dougherty: Normal banking business hours, which are... Commissioner Carollo: Is that eight to five, eight to three, nine... Unidentified Speaker: It'll probably be seven in the morning till seven at night. Commissioner Carollo: Seven to seven. Ms. Dougherty: Seven to seven. Commissioner Carollo: That's catching us on both the rush hour in the morning and the rush hour in the afternoon. Ms. Dougherty: The... Again, this is... I want to make sure that you all understand that this is f zoned for. commercial use. So a bank could go in there with ingress and egress on 27th (sic) Avenue without ever coming here. It is only because it's a drive through teller that we're here at . all. So therefore, a commercial office building, a clinic, a bank, all of those uses would be permitted with all kinds of ingress and egress, without ever having to come here for permission. One of the other things is that they made an analogy of Farmer's Market, but you don't see anybody who lives directly within that 375 feet protesting, because this is the best use you could Possibly have of this facility. Those folks who live on 31st Avenue don't want to have a multi- story residential building so they can look down into their backyards. They're not here protesting. There's nobody within that area that are actually protesting. And we urge your consideration of this recommendation. 108 June 27,1996 R Unidentified Speaker: How many stories will you build there now? How many stories? Vice Mayor Gort: Excuse me, ma'am. Ms. Dougherty: The other issue is that we've agreed to the condition that the City Planning staff has imposed. Now, we initially had resisted it, because what you're saying is that in the future, if you all permit other development which causes a problem on this intersection, then we're going to be penalized and have to take away our egress. I mean, that's really what's happening. That's the reason this intersection would, at some point, fail. We now agree to that. That's a condition that we find pretty onerous, but we agree to that as a stipulation and a condition, and we'd urge your support. Vice Mayor Gort: OK. We'll now close the public hearing. Comments from the Commissioners. Commissioner Carollo: Has there been any traffic study done on this, whatsoever, and by whom? Ms. Dougherty: It was done by Kahart Pinder, who is here, our traffic engineer, with David Plummer and Associates, and the Planning staff has reviewed that traffic study. Commissioner Carollo: What kind of traffic flow do you anticipate? How many people are going to be using this on a daily basis, and what are going to be the main hours that you are going to have people going in there? Mr. Kahart Pinder: For the record, my name is Kahart Pinder, transportation planner with David Plummer and Associates, with offices at 1750 Ponce De Leon Boulevard. The trip generation, questions you're asking, we looked at just the peak hours, the morning and the afternoon, based on facilities comparable to this. And the new trips in the morning are 55. A lot of the traffic that comes to these kinds of facilities, as most of you know, you're driving by, and just slip in and get your transaction, and move on. 1 Commissioner Carollo: You say 55 per hour or... Mr. Pinder: Fifty. -five during the peak hour, in the morning, yes. One hour. In the evening... Commissioner Carollo: OK, So that's approximately one every minute, almost. Mr. Pinder: Yes, sir. Commissioner Carollo: One vehicle. Mr. Pinder: Right. And in the evening, it's 90. Our estimate is 90 an hour. i Commissioner Carollo: OK. About one and a half vehicles per minute. Mr, Pinder: They would be coming off of both U.S. 1 and 22nd Avenue. Now, that's in and out, so you have about... it's 45 in, 45 out. Commissioner Plummer: Oh, that makes a big difference. is Mr. Pinder: So it's 45 vehicles, but 90 trips. 109 June 27, 1996 r Commissioner Carollo: Sure. But still, it comes to the same amount in and out. What else do you have in your traffic study that might help this and might enlighten us on this? Mr. Pinder: Well, one of the things we did in looking at this is we conducted traffic counts at the intersection of U.S. 1 and 22nd Avenue during both the morning and afternoon. We conducted morning and afternoon traffic counts. They were conducted during the first week of December of 1995, all the turning movements at the intersection. And our analysis, as Ms. Dougherty indicated, shows that the intersection in the morning is operating at a level of service "C," and in the afternoon, is at level of service "D," with "E" being an acceptable level of service. Commissioner Carollo: Well, I probably go through that intersection more than anybody that's here, and I see a lot of my neighbors here today. I won't be ready to vote on this until I meet with some of them. I'm very concerned with the additional traffic this area is going to generate there, and even more concerned at the potential of the traffic accidents that this could cause. At the same time, I have to weigh the following: Whether this would be less harmful than if we would let an office building go there, and the traffic that that might generate. And those are some of the questions that I have to look for some answers for, which, frankly, I'm not going to get here today. You know, I'd like to look at that particular intersection closer. In the morning, in the afternoon, during rush hour, it's very busy. The cars back up quite a bit. But not only that, what happens is you have vehicles going to Secoffee to make a U-turn, you know, and then go out the other way, and that makes it even more problematic. I'd like to see from the Police Department what records they have of accidents in that intersection, both in the U.S. 1 side and a little further up towards Secoffee. That's one, you know, one vote up here on that. Vice Mayor Gort: What you're saying, would you like to see a deferral on this item? Commissioner Carollo: That's correct. But, you know, I'm not going to go against the will of the majority. Vice Mayor Gort: Anybody else? { Commissioner Plummer: Well, we... Any time a Commissioner has ever asked, we've always granted it. I have no problem, you know. But there's no question, we don't want to sit up here and cut our nose off to spite our face. I think we've got to realize exactly what Commissioner Carollo said, and the applicant's attorney said. It's not a matter that we can stop ingress and egress off of 22nd Avenue. That's a matter of right. They can do that today, if there was a building with a bank in it, or an office building. So, you know, let's don't kid ourselves. That is where you are. I think that they've come to one particular point... When I read this and I saw it on the cable, I don't think that's a violation of Jennings, and I can look at cable. They weren't going to give in, and say, well, hey, in a year, if it doesn't work out, we're willing to give it up, and we'll close it. They're now saying that they are willing to do that, if the department so moves. They're not going to give that up if they put in a... just let's say a bank building. They can have ingress and egress out of 22nd Avenue, and that, today, is a matter of right. So I don't know what we're going to accomplish. Mr. Carollo has asked that we defer it so he gets more information. And this Commission has always honored that request of a fellow Commissioner. And I will second the motion. i Commissioner Carollo: Thank you, Commissioner. And let me add the following. What I'd 1 like to do is to have a workshop, Jack, if you could coordinate that, between the neighbors. And let me say this to you. Lucia, maybe some of them don't live within that 375 feet, but I guarantee you that a lot of them that I see here live pretty close to it. I don't live within the 375 feet, but I'm pretty close to it, about a block away. And I'd like for all the neighbors that would like to participate to come, and you certainly are invited, and I would like our staff to be there, and to bring us whatever information the Police Department can bring that might shed some additional light on this. But... 110 June 27,1996 Vice Mayor Gort: Let me ask you a question on this. This could probably be, if the movant, the maker of the motion could look at it, this could be continuous until the 25th. And I think we can set up a meeting before the 25th. Commissioner Carollo: Well, when we will we have the next Planning and Zoning meeting? Vice Mayor Gort: 25th of July. Commissioner Plummer: 25th of July. Commissioner Carollo: 25th of July? That's fine. The 25th is fine. Vice Mayor Gort: OK. So we'll have it continued until... the motion is being continued until the 25th? Commissioner Carollo: Yes, Mr. Vice Mayor. Vice Mayor Gort: For a meeting with all the residents within that area. OK. Is there... Moved and seconded. Any further discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 96-480 A MOTION DIRECTING THE ADMINISTRATION TO CONDUCT A WORKSHOP WITH THE RESIDENTS, CITY OFFICIALS (INCLUDING MIAMI POLICE DEPARTMENT) AND STAFF AT A TIME CONVENIENT TO THE NEIGHBORS, IN ORDER TO DISCUSS TRAFFIC PROBLEMS THAT MAY ARISE FROM POSSIBLE CITY COMMISSION ACTION GRANTING SPECIAL EXCEPTION FOR A DRIVE -THROUGH FOR A FINANCIAL INSTITUTION LOCATED AT 2200 SOUTH DIXIE HIGHWAY; FURTHER CONTINUING SAID REQUEST FOR SPECIAL EXCEPTION TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. Vice Mayor Gort: I have a request, because we have a lot of senior citizens, and they've been here for quite a bit... 111 June 27, 1996 i Mr. Jack Luft (Director, CPR Dept.): Commissioner, could I ask those residents who might be outside of the 375 feet who would like to come to that meeting to please give me their name and address here before they leave? Vice Mayor Gort: Sure. Commissioner Carollo: Oh, of course. Yeah, if they could do that. Vice Mayor Gort: They're right here. Get them. Commissioner Carollo: Not only that, Jack, if any other members of the Commission would like to attend, then advertise it so that we won't have any sunshine law problems. Commissioner Plummer: All right. Ms. Dougherty: Thank you very much. Mr. Luft: If there's any... 112 June 27, 1996 t The following motion was introduced by Commissioner Carollo, who moved its adoption: `C MOTION NO.96-480.1 A MOTION TO CONTINUE AGENDA ITEM PZ 3 (REQUEST FOR SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL FOR A DRIVE - THROUGH FOR A FINANCIAL INSTITUTION LOCATED AT 2200 SOUTH DIXIE HIGHWAY) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. Vice Mayor Gort: Item 26. Commissioner Plummer: Twenty-six? Vice Mayor Gort: Yes. We had a request. We have a lot of the senior citizens here that have been waiting for a long time. Commissioner Carollo: Excuse me, Mr. Vice Mayor. Mr. Luft, can you try to get a time and date that's convenient for most of the people in the neighborhood? Mr. Luft? Can you get a time and date that's convenient for most of the people in the neighborhood? Mr. Luft: Yes. Commissioner Carollo: Even if it's at nine in the evening. Mr. Luft: Whenever. Commissioner Carollo: OK. 113 June 27, 1996 --------------------------------------------------------------------------------------------------- 28. (A) REINSTATE APPEALS IN CONNECTION WITH CARRFOUR CORP. REGARDING RIVERMONT HOUSE SPECIAL HOUSIG PROJECT AT 789 N.W. 13 AVENUE. (B) ACCEPT CARRFOUR CORPORATION'S PROFFER OF COMMITMENTS TO NEIGHBORHOOD (N.W. 12TH AVENUE TO 17TH AVENUE FROM N.W. 7TH TO THE MIAMI RIVER) -- APPROVE ALLOCATION OF $500,000 FROM CDBG FUNDING FOR IMPROVEMENTS TO ROBERT KING HIGH TOWER -- AUTHORIZE MANAGER TO RELEASE $50,000 (CDBG FUNDING) PREVIOUSLY APPROVED --ALLOCATE TO CARRFOUR FOR AIR CONDITIONERS. (C) DIRECT ADMINISTRATION TO PROVIDE PROGRESS REPORT ON LIGHTS AT ROBERT KING HIGH TOWER. (D) REVERSE ZONING BOARD'S DECISION IN CONNECTION WITH CARRFOR CORP. RIVERMONT HOUSE HOUSING PROJECT AT 789 N.W. 13 AVENUE. Vice Mayor Gort: Item 26. Commissioner Carollo: What item, Mr. Vice Mayor? Vice Mayor Gort: Twenty-six. Vice Mayor Gort: The one a lot of people have been waiting here for a while on this. Mr. Cesar Odio (City Manager): Otherwise known as Carrfour headache. Mr. Joel Maxwell (Deputy City Attorney): Commissioner, Mr. Vice Mayor. Vice Mayor Gort: Yes, Mr. Attorney. Mr. Maxwell: There are some procedural matters that the Commission needs to address on this particular item, as a precursor to being heard. One, as you know, as I think the Commission is aware, there were negotiations underway to settle this matter, and the Administration, and all parties, for some time, was under the opinion that this matter had been resolved to the agreement of all parties. However, a snag has occurred. Therefore... And what had occurred earlier was that one of the appeals by the City, and another appeal by Carrfour, which is gravamen in this particular matter, had been withdrawn. The City withdrew their appeal, Carrfour withdrew their appeal. Because of the problem now before the Commission, I would suggest that the first thing that the Commission may want to do, in all equity, is to allow both parties, the City and Carrfour, to reinstate their appeals at this point, and then both parties can decide whether they want to proceed. So if... As a matter of procedure, because of the withrawals, first, would the z Commission please decide on whether it will allow the City and Carrfour to reinstate their appeals presently before you. Commissioner Plummer: What does it benefit us to do that? Mr. Odio: We have reached... Let me... Hello? We had reached an understanding with both sides. The Commission had instructed the Manager to sit down with Carrfour, and first try to 114 June 27, 1996 purchase the property. I made an offer, representing the City to Carrfour that was not accepted. Having done that, and knowing that this would come back here and eventually would end up in court, and the court would then determine what would happen in that property, and what damages the City would have to pay Carrfour if we were found guilty of whatever charges they have been accusing us of. And on the other side... The City was facing two guns to the head. The other... - Now, please. - The other one was a complaint that was filed with HUD (Department of Housing and Urban Development) that... on housing discrimination. And so we were facing that. They had already sent investigators here. I mean, facing all that, we met with all the people that are involved with... both in favor and against this project. And we have reached an understanding that I hope that if you approve this resolution today, this whole matter has been settled. What do we have to gain by it? No court hearing, no more complaints... The complaint with HUD will be dropped There will be a conciliation agreement that is being prepared that will be signed by all parties, and all the complaints disappear. And the neighbors that are... that we're thinking that would be affected by this whole project will have something... I think they have a victory. They have worked very hard to stop this project. The project will go ahead, but yet, they still have a victory in this one. And you have to really be... I mean, I'm very happy to see how they got involved in this, to the extent that... I think we have a very intelligent compromise here. Vice Mayor Gort: OK. Commissioner Plummer: Expensive. Mr. Odio: That's what we have here. Vice Mayor Gort: Thank you. Mr. Odio: It was more expensive. Vice Mayor Gort: That's my understanding, that a resolution was worked out. But my understanding is, legally, now, we have to hear both parties saying they're dropping the appeal. Am I correct? Mr. Maxwell: Yeah. You do have these appeals that were out there, and the cleanest way to handle it is to allow the... Vice Mayor Gort: OK. Mr. Maxwell: ... is to first reinstate the appeals, and then let the City decide whether it wants to proceed, and Carrfour decide whether they want to proceed. Vice Mayor Gort: OK. Mr. Maxwell: Then you can move to the next issue. Vice Mayor Gort: So we need a motion to reinstate the appeals, or we don't? Mr. Maxwell: Yes, sir. Vice Mayor Gort: OK. Do I have a motion to reinstate the appeal? Commissioner Carollo: There's a motion. Vice Mayor Gort: It's been moved. Is there a second? It's a procedure we have to follow, J.L. 115 June 27, 1996 Commissioner Dawkins: Second. Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO.96-481 A RESOLUTION (Pending from 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 Dawkins, the resolution was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. Mr. Maxwell: Now, the question before both parties, City of Miami, whether City of Miami wants... First of all, Carrfour, the City... Carrfour, would you prefer to continue? i r Mr. Robert Shapo: It is Carrfour's position and will remain Carrfour's position, based upon the resolution of this matter, that it still would request - if it's necessary to request - the Commission's approval for withdrawal of its appeal. I would like to make the comment that on occasion, I've been called successful because of persistence, if nothing else, but your Manager, I must say, has set a new level of persistence, a new standard for all of us to shoot for. His persistence in this matter, the fact he just wouldn't give up, was extraordinary, and he did it with a combination of strength and diplomacy, and, I think, deserves tremendous credit for what he's accomplished. But I would ask permission on behalf of Carrfour for withdrawal of our appeal. 116 June 27, 1996 Commissioner Carollo: Sir, for the record, who are you? Mr. Shapo: Ronald Shapo, 200 South Biscayne Boulevard. Commissioner Carollo: Something about you I didn't recognize, so is there a change or... Mr. Shapo: Oh, I apologize, Commissioner, but I was told I needed to change my look, so... Commissioner Carollo: Oh. OK. I didn't recognize the Ron Shapo I knew. Mr. Odio: Put the beard back on, will you? t Vice Mayor Gort: City Manager. Mr. Odio: We have to proceed with our... Right? Mr. Maxwell: Yes. The determination that the City appealed dealt with whether or not there would be a new category established and applied to uses of this type. It also contained within it a 2500 foot distance separation requirement. I think the neighbors would like to see that distance separation requirement in place. They're... And the City's Administration... The Administration now says it would. So the question before the City now is whether the City desires to proceed with this appeal. Mr. Odio: We'd like to proceed with the appeal, and we'd like to recommend that you proceed with the appeal, and it will establish the 2500 feet rule for special... Right? Mr. Maxwell: Yeah. Well, Mr. Manager, you want the City to appeal... No, no. The City... The City wants to appeal, to proceed with the appeal, so now the process would be for Jack Luft to... Vice Mayor Gort: OK. The City has something to appeal. Yes, Jack Luft. jMr. Jack Luft (Director, CPR Dept.): OK. We're recommending that you reverse the Zoning Board decision, which is to deny the creation of a special housing category, to allow us to introduce to the Zoning Code a new category definition of special housing that will include provisions for housing... offer special services, and housing will be permitted as of right, but it will be subject to a 2500 foot distance requirement, which is subject to a variance proceeding, if necessary. Vice Mayor Gort: OK. Thank you. Commissioner Plummer: Does that... Does that close the gap? You know, we're... let's... You know, it's embarrassing. This is a five hundred thousand dollar ($500,000) settlement that somebody goofed. Somebody along... got us in this jam. Now, I don't know where it was, but somehow or another, is this settlement going to say to us in the future that somebody is not going to be able to put us back into this bath water again? Commissioner Carollo: Well, J.L., let's... Commissioner Dawkins: No, no, no. i Commissioner Carollo: Let's set the record straight. 117 June 27,1996 Commissioner Dawkins: It happens every day. Commissioner Carollo: There were problems there, but we're giving five hundred thousand dollars ($500,000) because we want to for the residents of those apartments, Robert King High and the others, that are in need of air conditioning. Commissioner Plummer: I understand that, Joe. Commissioner Carollo: And this is where it's going to. Commissioner Plummer: I understand that fully. That's not... Commissioner Carollo: They don't have air conditioning units there. And that's why we're giving it. Commissioner Plummer: That's not my point. My point is that we are at this point because j somewhere along the line, somewhere in the City, something that was done that shouldn't have been done, or we wouldn't be here settling. It has nothing to do... Thank God they're getting air conditioning. I'm happy for them. OK? f Mr. Odio: You have to start... Commissioner Plummer: What are we doing to see that this doesn't happen again? Mr. Odio: You start changing the Federal housing laws' standards that you cannot discriminate. Vice Mayor Gort: OK. Excuse me. Commissioner Dawkins. Commissioner Dawkins: You're not answering the question. OK? There's nothing that anybody up here is going to do that's going to ensure that this will not continue to happen. It happens every month. And I don't feel like sitting up here and hearing either one of my Commissioners sit up here and downgrade all of us, when we all sit here and vote, and it happens. This did not happen overnight by itself. It happened because we voted for it. Commissioner Plummer: Yeah. Commissioner Dawkins: Now, whoever brought it to us, that has nothing to do with three of us voting for it. Now, that's number one. Number two, I want it to be known that I am in favor of the air conditioners. Commissioner Plummer: Of course. I Commissioner Dawkins: I'm going to fight for the air conditioners, but I am going to I Washington and any place else I have to go, because it is not the City of Miami's responsibility to put air conditioners in HUD housing, and when HUD has millions of dollars that they're spending everywhere over the City of Miami, but they're not putting in our air conditioners. Now, in the event that we cannot get the money, then we're going to see that our citizens in the 1 . City of Miami don't suffer. But this is not our responsibility. HUD is putting fences and everything, but people who need air conditioning - and I'm sure some people have high blood pressure, some got a bad heart - how can you sleep at night with no air conditioning? But nobody nobody -fights nobody, you know, but we are going to fight for that. OK? And the second thing I want to say is, Mr. Manager or somebody, explain to me, who's in charge of lighting on the streets? 118 June 27, 1996 Commissioner Dawkins: We are? Mr. Odio: We are... Well, let me explain. The lumins, which is the wattage, I guess, that you have, we can tell Florida Power and Light to increase or decrease. We are taking care of that. Commissioner Dawkins: Wait a minute, now. Mr. Odio: It's a matter of going from one wattage to another one. Commissioner Dawkins: I know all of that. Mr. Odio: But we pay the electric bills, too. Commissioner Dawkins: OK. Now, I don't care about that. OK. But I know other citizens who have come here and asked for increase in lumins, and got turned down. And one of them is Miller Dawkins. I've asked that lumins be put in the alley behind my house, be increased so that i the lighting goes from the alley in the back of my house to 50th Street. And I was told that it I could not be done. Mr. Odio: Yes, it can, sir. Commissioner Dawkins: OK. All I want these citizens to know is that we're going to do it. Mr. Odio: OK, we'll do it. Commissioner Dawkins: Say what, now? Mr. Odio: We'll do it. Commissioner Dawkins: No, no... Mr. Odio: It can be done. Commissioner Dawkins: OK. All right. What is the date it will be completed? Mr.Odio: Wait. We... Commissioner Dawkins: If it's no more than putting in a light bulb, if it's nothing more than buying a larger light bulb and putting it in, it will not take eternity to do that. Mr. Odio: I'd prefer, Commissioner, instead of committing to a date, that we go and check your poles out. There may have to be rewiring to be done... i 4 Commissioner Dawkins: No, no, no. r � Mr. Odio:... and then do it. Commissioner Dawkins: Give me a time when these... I... when me and these people will see 1 some lights. OK? You've already gone in and you've worked out a deal with them. 119 June 27,1996 IN Commissioner Dawkins: And they've agreed, and we've made all kinds of promises. We're going to keep these promises. Mr. Odio: Ninety days. Vice Mayor Gort: What's the dates? Mr. Odio: Oh, you mean the lighting for them, or for you? Commissioner Dawkins: No, for them. Mr. Odio: Oh. For them, we're already doing that. We already started working on it. Commissioner Dawkins: You're already putting in light bulbs. I can go out there right now and find a light bulb put in. j Mr. Odio: We started working on the... Well, there were two sets of lights. We had to check into it. One was inside the property, that we have no responsibility with, but we sent Public Works over there to check the light bulbs that were missing, and we're putting them in. Am I... Has that been done or not? Commissioner Dawkins: How many light poles did we measure or count and say we were going to change the lights in? How many? Mr. Odio: I don't know. Commissioner Dawkins: So we don't know what we're doing. OK? Mr. Odio: I know what we're doing, but... Commissioner Dawkins: See? Tell... If you'd tell me how many lights we got. Mr. Odio: Inside is 40, and outside is 40. FP&L (Florida Power and Light) has been given the is order to proceed to change the outside. We are doing the inside. Commissioner Dawkins: So. And this... All right. So we're going to... So if we're going to put in 40 lights, in 40 days, it should be finished. Vice Mayor Gort: Less than 40 days, I understand. Mr. Odio: Less than 40 days. Vice Mayor Gort: If you want to speak, why don't you go speak in the mike. Don't be shy. State your name and address. You got to do that. You're defending... You work for these people. Come on. Mr. William Calderon: Yeah. My name is William Calderon. I work for Dade County HUD, 1401 Northwest 7th Street. What we're doing is, the head of the... One of the Assistant City Managers sent somebody from your City - David Hernandez, from the lighting - and he checked all the lights within the HUD development, OK, and within... and the surrounding neighborhood. Now, we are taking responsibility for ours. We're not... We're going to put the equipment for the interior... 120 June 27,1996 Commissioner Dawkins: No, look, look, wait a minute. Don't tell me anything about what you and the County is going to do. I'm not responsible for you. Mr. Calderon: What he is doing for... on the outside... Commissioner Dawkins: No, no. You can... I mean, please, sir. Mr. Calderon: Uh-huh. Commissioner Dawkins: I want to know from the people who I pay, who are responsible to me, what... See, I want to be able to say to them, and we can say to these people, these are our responsibilities. We have put the light bulbs in, and the County didn't put the others in. That's not my problem. OK? Vice Mayor Gort: OK. My understanding... Mr. Calderon: Yeah, but I... Vice Mayor Gort: My understanding, Commissioner Dawkins, the outside lights are 40. Excuse me, Manager. My understanding is that 40 on the outside, the ones we have control on, you have given the order to FP&L to do so... Mr. Odio: And they are proceeding to install. Vice Mayor Gort: ... and now how long would it take? That's all Commissioner Dawkins wants to know. Mr. Odio: How long will it take for FP&L to change the lights? Thirty days? Commissioner Dawkins: Give me... Give me, Mr. Manager... Mr. Odio: Thirty days. Commissioner Dawkins: Mr. Wally Lee and the Manager, every Monday morning, give these Commissioners a progress report with the number of the light poles - because, see, all these light poles got numbers on them - with the number of the light poles that you changed the bulb in, so I can ride and see it. OK? is Mr. Odio: Fine. We will let you know. Commissioner Dawkins: All right. Now, I have one more thing to say here, and I'll be finished with this. In Section 5,1 want to delete where it says, "Previously allocated and approved by the City Commission." I just want it to say... Mr. City Attorney, see if this is legal. You see Section 5? Commissioner Dawkins: It says, "The City Commission further authorizes the City Manager to release fifty thousand dollars ($50,000) in CDBG (Community Development Block Grant) (, funds, period. OK? 121 June 27, 1996 Mr. Maxwell: That's fine, sir. Commissioner Plummer: For the record... Are you finished? For the record... Mr. Maxwell: Well, you need to say what you... These are fifty... This is fifty thousand dollars ` ($50,000) in funds that were for purposes of this particular project, which is the... Commissioner Dawkins: Say what now? Say that again, sir? Mr. Maxwell: Just to identify where the fifty thousand dollars ($50,000) in funds would go to, but if we were to delete the rest of the information, saying "previously allocated and appropriated"... Commissioner Dawkins: OK. Great, great. That's... OK. You understand what I'm talking about. OK. No problem. Mr. Maxwell: Yes, sir. It does go to Carr... Commissioner Dawkins: I have no... I have... Mr. Maxwell: ... fifty thousand dollars ($50,000) to Carrfour. Commissioner Plummer: For the record. Vice Mayor Gort: Excuse me. Commissioner Dawkins hasn't finished yet. Commissioner Dawkins: Thank you. I'm finished, sir. Thank you. Vice Mayor Gort: You're finished? Commissioner Plummer. Commissioner Plummer: I don't ever remember voting on this issue at the City Commission. Mr. Odio: When you allocated funds... Commissioner Plummer: Oh, yeah, that, the money. Mr. Odio: ... to the CDBG disbursement, you did that. Commissioner Plummer: OK. But nothing in reference to the Carrfour of the actual location or the building. Mr. Odio: No. This was based... Commissioner Plummer: Well, the indication was we voted on it. We did not. Mr. Odio: The fifty thousand dollars ($50,000) were allocated to that institution through your allocation process. Vice Mayor Gort: Thank you. Is there any further discussion? OK. Do I have a motion to do I the resolution? Commissioner Dawkins: Move it. 122 June 27, 1996 Vice Mayor Gort: It's been moved, there's a second. Being no further discussion, I would like to read the resolution. Mr. Maxwell: No, you still... Commissioner Carollo: Yes, there is further discussion. I want to make sure that the residents that are here, there's no further objection from any one of them on this. "Quiero estar seguro que todos estan en acuerdo con to que se ha discutido." Unidentified Speaker: "Hablelo en espanol." Mr. Odio: "Dejeme traducirles. Oigame, senora... Estan de acuerdo." Unidentified Speaker: "Ah, bueno. OK." Vice Mayor Gort: OK? i i Unidentifed Speaker: OK. Thank you. Commissioner Dawkins: OK. OK. And... Mr. Maxwell: You still have... You still... Commissioner Dawkins: And I'd like them to know - ask them in Spanish, Mr. Vice Mayor - if I have to go to Washington, do they have two members of their group who can go with me to argue with Bob Graham and Connie Mack, so that they can know what we want? Vice Mayor Gort: "Commissioner Dawkins dice que si el tiene que it a Washington..." - If two of them could go with you? That's what you're saying? i Commissioner Dawkins: Yes, mm-hmm. Vice Mayor Gort: If they could put two people to go with you to Washington? i Commissioner Dawkins: Yeah, two, two. I can't take the whole housing unit. Vice Mayor Gort: "Commissioner Dawkins dice que el piensa que si no se puede hacer algo, it a Washington a ver a los senadores de nosotros. A el le gustaria que tuvieran dos representantes de ustedes, porque no puede llevarlos a todos para que ustedes se pongan de acuerdo y nombren dos representantes para aue vayan con el. OK?" (APPLAUSE) Unidentified Speaker: "Que vaya preparando el viaje." Vice Mayor Gort: She says, start preparing the trip. Commissioner Dawkins: Start planning the trip? OK. Vice Mayor Gort: OK. Read the resolution. { Mr. Maxwell: Excuse me. It's not an ordinance, sir. 123 June 27, 1996 Commissioner Dawkins: Just a minute. Go ahead. Ms. Theodora Long: My name is Theodora Long, and I'm president of the Grove Park Homeowners, and I spoke to you many times before. And I would just like to tell you from our neighborhood, that we'd like to thank you and the City for working this out for us. Unfortunately, it was something that was a real nightmare for our neighborhood and for the elderly, and we were able to all come to an agreement, and we thank you for that. Commissioner Dawkins: We. thank you all for helping us. Read it, Mr.... Mr. Maxwell: It's not an ordinance, sir. I think... Vice Mayor Gort: It's not an ordinance, so you don't have to read it. OK. All in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-482 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING CARRFOUR CORPORATION'S ("CARRFOUR") PROFFER OF CERTAIN COMMITMENTS TO THE NEIGHBORHOOD (NORTHWEST 12TH AVENUE TO 17TH AVENUE FROM NORTHWEST TTH STREET TO THE MIAMI RIVER) ADJACENT TO ITS PROPOSED PROJECT; APPROVING THE CITY'S INTENT TO ALLOCATE AND APPROPRIATE FIVE HUNDRED THOUSAND DOLLARS ($500,000) FROM FUTURE CDBG FUNDING FOR IMPROVEMENTS TO ROBERT KING HIGH TOWER; APPROVING THE PROVISION OF ADDITIONAL AMENITIES; FURTHER, AUTHORIZING THE CITY MANAGER TO RELEASE FIFTY THOUSAND DOLLARS ($50,000) IN CDBG FUNDING TO CARRFOUR; PROVIDING FOR COMPLIANCE REVIEW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: ABSENT: Vice Mayor Gort: Thank you. None. None. 124 June 27, 1996 Vice Mayor Gort: Correct. Mr. Maxwell: And uphold the appeal of the City of Miami on that. Vice Mayor Gort: OK. Who moves it? Commissioner Plummer: Move it. Vice Mayor Gort: It's been moved. Is there a second? Commissioner Dawkins: Mm-hmm. Vice Mayor Gort: Second. Commissioner Dawkins: Yeah, OK. Vice Mayor Gort: Being no further discussion, all in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. Unanimous. ` Mr. Shapo: Thank you very much. 125 June 27, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-483 A RESOLUTION GRANTING THE APPEAL FILED BY THE CITY OF MIAMI DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION AND THUS REVERSING THE DECISION OF THE ZONING BOARD, AND AFFIRMING DETERMINATION OF USE NO. 96-001 OF THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION REGARDING RIVERMONT HOUSE, TO ALLOW A SPECIAL HOUSE PROJECT TO BE LOCATED AT 789 NORTHWEST 13TH AVENUE, ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Vice Mayor Gort: Thank you. "Gracias." Commissioner Dawkins: Goodnight. ------------------------------------------------------------------- 29. GRANT SPECIAL EXCEPTION FOR 12 MONTHS WITH CONDITIONS FOR DRIVE -THROUGH FOR FINANCIAL INSTITUTION AT 3650 S.W. 8 STREET. [Applicant: Felipe Valls for Gogaco, Inc.] ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Item 5. Commissioner Dawkins: OK. PZ-5? What is PZ-5? Ms. Christina Cuervo (Assistant City Manager). It's a special exception. Commissioner Dawkins: OK. Mm-hmm. OK. Vice Mayor Gort: OK. City Manager, City Manager, could you step outside? Let's get item 5, please. We've still got some items to listen to. Commissioner Plummer: Are there any objectors? Willy, are there any objectors? 126 June 2.7, 1996 Vice Mayor Gort: Item 5. We need to call item 5. Go ahead. Commissioner Dawkins: Any... Ms. Cuervo: PZ-5 is a special... Commissioner Dawkins: Who... Any complaint... Anybody objecting to item 5? Vice Mayor Gort: Excuse me. Excuse me, Commissioner Dawkins. There's somebody here. Unidentified Speaker: I am here, right. Vice Mayor Gort: PZ-5. Unidentified Speaker: I am here for PZ-5. Vice Mayor Gort: But we need to call it. Unidentified Speaker: Don't worry. We need the secretary to call it. Ms. Cuervo: PZ-5 is a special exception to permit a drive through facility, a financial drive through facility. Vice Mayor Gort: Is there anyone here in opposition? The party recommends. The Zoning Board granted. Is there anyone in opposition to this item? Commissioner Plummer: Subject to the conditions, I move it. Vice Mayor Gort: It's been moved. Is there a second? j Commissioner Dawkins: Second. Vice Mayor Gort: It's been moved and seconded. Any further discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Great presentation. Thank you, sir. Unidentified Speaker: Thank you. 127 June 27, 1996 N 0s The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-484 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, ARTICLE 9, SECTION 931.2, REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY, TO PERMIT A DRIVE - THROUGH FACILITY FOR A FINANCIAL INSTITUTION FOR THE PROPERTY LOCATED AT 3650 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ZONED C-1 RESTRICTED COMMERCIAL, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND SD-12 BUFFER OVERLAY DISTRICT, PER PLANS ON FILE, SUBJECT TO THE FOLLOWING: (1) A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; (2) APPROVAL OF A SITE PLAN BY THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION WHICH SHALL INCLUDE LIGHTING, LANDSCAPING, CIRCULATION AND PARKING SIGNAGE; AND (3) A C.B.S. WALL WITH A MINIMUM HEIGHT OF 6' SHALL BE BUILT ON THE SOUTH SIDE OF THE PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. ------------------------------------------------------------------------------- -------------------------------- 30. WAIVE FIVE YEAR RENEWAL REQUIREMENT FOR SPECIAL EXCEPTION ALLOWING AN EXISTING RESTAURANT DRIVE - THROUGH GRANTED BY RESOLUTION 91-176 FOR PROPERTY LOCATED AT 1400 S.W. 8TH STREET. [Applicant: McDonald's Corporation] ---------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Item 7. Six has been deferred. PZ-7. Ms. Christina Cuervo (Assistant City Manager): PZ-7 is also a special exception to allow the renewal of an existing drive through facility that the City Commission granted five years ago, and it was required that you come back five years for further Commission approval. 128 June 27, 1996 Ms. Slazyk: Every five years. Commissioner Dawkins: Move it. Commissioner Plummer: Second. Commissioner Carollo: Second. Second. Sure. Vice Mayor Gort: Is anyone in opposition to PZ-7? Being none, OK, it's been moved and seconded. All in favor, state so by saying "aye." The Commission Collectively: Aye. i Vice Mayor Gort: Thank you. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: Z I i RESOLUTION NO. 96-485 . RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ONING BOARD TO GRANT A SPECIAL EXCEPTION AS LISTED IN ,RDINANCE NO. 11000 IN 1991, ARTICLE 6, SECTION 614, SUBSECTION 14.3.2.1(3) TO ALLOW THE RENEWAL OF AN EXISTING DRIVE -THROUGH NCILITY APPROVED BY THE CITY COMMISSION ON FEBRUARY 28, 1991 BY ITY COMMISSION RESOLUTION NO. 91-176, PER PLANS ON FILE, FOR A ERIOD NOT TO EXCEED 5 YEARS, FOR THE MCDONALD'S RESTAURANT ROPERTY LOCATED AT 1400 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ONED SD-14 AND SD-14.1 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS, PER PLANS ON FILE, AND WAIVING NDEFINITELY THE FIVE YEAR RENEWAL REQUIREMENT, SUBJECT TO A TIME LIMITATION OF 12 MONTHS IN WHICH REPAIR PERMITS MUST BE 113TAINED, AND ALL OF THE CONDITIONS SET FORTH ON EXHIBIT "B," TTACHED HERETO AND MADE A PART HEREOF. (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: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. 129 June 27, 1996 t� 1 Ms. Cuervo: Commissioners and Vice Mayor, can I just add that we... Vice Mayor Gort: That's it, yeah. Ms. Cuervo: Staff is recommending that... Vice Mayor Gort: Yeah, yeah. Ms. Cuervo: ... that we don't require them to come back for another five-year period. They've complied with everything. They have made all the changes that we've requested of them. Commissioner Dawkins: No, no. They may charge too much for the McDonald. I don't want to do that. Ms. Cuervo: OK. Vice Mayor Gort: So the... Commissioner Dawkins: OK. So move. Ms. Cuervo: If we could have a motion saying... Commissioner Dawkins: So move. Vice Mayor Gort: It's been moved by Commissioner Dawkins. Commissioner Plummer: Second. Vice Mayor Gort: Seconded by Commissioner Plummer. All in favor, state so by saying "aye." The Commission (Collectively): Aye. 'i Vice Mayor Gort: Unanimous. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO.96-486 A MOTION WAIVING THE FIVE YEAR PERIOD OF RENEWAL FOR A SPECIAL EXCEPTION ALLOWING RENEWAL OF ANY EXISTING RESTAURANT DRIVE - THROUGH GRANTED BY RESOLUTION 91-176 FOR A PROPERTY LOCATED AT 1400 S.W. 8TH STREET. 130 June 27, 1996 4Sz Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: Commissioner Dawkins: Eight and 9 was pulled, right? Vice Mayor Gort: Eight was deferred, 9 was deferred. ---------------------------------------------------------------------------------------------------------------- 31. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, FROM SINGLE FAMILY RESIDENTIAL AND OFFICE TO RESTRICTED COMMERCIAL --CHANGE THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY AT 4100 SW 2 STREET, 215 SW Mr. Santiago: No, we... Ms. Cuervo: You want to go forward? Mr. Santiago: We are interested in moving forward. Ms. Cuervo: OK. Mr. Santiago: Thank you, however. We appreciate it. Vice Mayor Gort: OK. Mr. Roberto Lavernia: This is... For the record, Roberto Lavernia, Department of Community Planning and Revitalization. This is a land use change addition, and a zoning change addition. There are several lots involved in this. It's going from... If you will see in the transparency, three lots go from single-family residential to restricted commercial. Five lots are going from I ' office to restricted commercial, and one lot is going from office and special district to restricted commercial also. The recommendation of the department is denial, seeing that it is going to be an intrusion into the residential area, regarding the single-family lots. And the pattern of the area is office. So if we recommend approval for this C-1 designation, it's going to be an isolated area. C-1 in the middle of an office designated area. It has been denied by the Zoning Board and by the Planning Advisory Board also. Vice Mayor Gort: Thank you, sir. Yes, sir. Mr. Echemendia: Santiago Echemendia. I'm an attorney with offices at 999 Ponce de Leon Boulevard. Vice Mayor Gort: Excuse me. I'm sorry. I've got to go through the procedure. All those that are going to testify on this item, would you please stand to be sworn in. Go ahead. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Commissioner Plummer: So help you, God. Mr. Echemendia: I do, I do. Mr. Walter Foeman (City Clerk): So help you, God. Vice Mayor Gort: Yes, sir. Mr. Echemendia: Santiago Echemendia. I'm an attorney with offices at 999 Ponce de Leon Boulevard. With me is Gustavo San Brano, who is a planner with Bermello, Ajamil and Partners, and Rene Lopez of our office. Just to give you a little background as to what's transpired since the Planning Advisory Board and the Zoning Board meeting, and what's happened in terms of our meetings with the neighbors. Firstly, when we went before the Planning Advisory Board, as you know, the City Attorney recommended that the Planning Advisory Board not consider a covenant that we were voluntarily proffering to them. Fortunately, however, you are able, as a body with final authority, are able to consider our covenant. In connection with the neighbors, at the Zoning Board hearing, we had about five neighbors who came out in opposition, including the president of the Flagler/LeJeune Road j Business and Neighborhood Association, Angel Julia.. Urquiola. I'm sorry. At that hearing, 132 June 27, 1996 2 this gentleman, as did some other neighbors, expressed concerns relative to our placing a clinic at the property. As a result, we agreed, by way of the covenant, that a clinic would be a prohibited use. We met with the neighbors on a few occasions, incorporated their concerns into our covenant, and as a result, have garnered their support. Indeed, we submitted a petition to Teresita Fernandez earlier today where approximately 13 neighbors in the immediate vicinity of the property waived opposition to the proposed redesignation and rezoning. I believe Mr. Urquiola is going to make some comments on our behalf, as well, to confirm our discussions, as well as the covenant. In that covenant, we agree to prohibit a number of uses that are allowed in the C-1 designation, those that we felt would be incompatible. They include clinics, community - based facilities - community -based residential facilities, rather - hotels, motels, private clubs, locksmith shops, coin operated laundry and dry cleaning facilities, and the list goes on. It is my understanding that the department has requested that we add some additional uses. They have seen the covenant. They have requested some modifications. We have agreed to those modifications. Incidentally, there are a number of those uses that are permitted on the property today, as a matter of right, which, by way of a covenant, we have agreed to delete as permitted uses, so as to make the use more compatible with the surrounding area. As to the three residential lots, on lot number 9, which is the lot that is just on 41st Avenue, we have agreed that we will only place a single -story office building there. What we intend on doing is relocating Mr. Rosen's real estate office, which is on LeJeune. It is a gabled colonial revival house that has some historic value which is worth preserving. We're going to relocate it to that lot. On lots 7 and 8, we are going to preserve those as parking, as they have been used for the past 20 years. So that use is not going to change. Additionally, we are going to be providing a landscape buffer on 41st Avenue. One of the comments that staff has requested that we incorporate into the covenant is that all of the ingress and egress to the parking lot be by way of Southwest 2nd Street or rather, they are requesting that it be by way of LeJeune Road, and we are willing to agree to that, so that there is no intrusion into the residential area. I'd also like to note that 41st Avenue also serves as a buffer between the property and the residential area to the east. Additionally, there are a number of reasons, from a planning perspective, as to why we think the redesignation is justified, including that there is essentially no vacant land in the area, in the study area of the property, that the average ratio of commercial land to the number of residents in the study area is below the Countywide average, that other major arterial roads have mixed uses abutting each other, and that the proposed amendment is consistent with or supports your comprehensive plan policies and objectives. If you would like, I could have Gustavo San Brano amplify. He's our planner who is with Bermello and Ajamil. He can amplify on these various issues. But for sake of expediency, unless you don't want him to, I will not. I Vice Mayor Gort: Let me ask you a question. My understanding is you have filed the covenant? Mr. Echemendia: We have submitted the covenant. All of the neighbors are on board. These were both things that while we went... when we went before the Planning and Zoning Board and the Planning Advisory Board. Vice Mayor Gort: The opposition. Mr. Echemendia: They didn't consider the covenant, and we had neighbors in opposition at that time. Staff has indicated to me that to the extent we've submitted the covenant, I... They haven't changed their recommendation, but they are certainly entertaining our covenant, and we have agreed to incorporate some additional changes that they have suggested. So in that light, we would urge you to transmit this to the State agencies for comments. Vice Mayor Gort: Thank you, sir. Now, let me ask a question. Is anyone in opposition to this item? Anyone in opposition to this item? Being none, I'll close the public hearing and have comments from our board members. 133 June 27, 1996 Commissioner Plummer: Move it. Vice Mayor Gort: It's been moved. My understanding is, also, we used to do that at one time, in order to maintain the residential, is do the whole area with exception of one foot perimeter. Commissioner Plummer: It's part of the covenant. Ms. Cuervo: They're proffering in their covenant... Vice Mayor Gort: Part of the covenant? OK. Ms. Cuervo; ... a landscape buffer. Mr. Echemendia: Right. We don't mind incorporating that into the covenant. It wasn't one of the comments that staff made earlier... Vice Mayor Gort: Right. Mr. Echemendia: ... but we would be willing to do that. Vice Mayor Gort: OK. Does somebody want to make a... You add that to your motion, sir? Commissioner Plummer: Of course. Vice Mayor Gort: The one -foot perimeter. OK. Commissioner Plummer: Excuse me. Wasn't that part of the covenant? Ms. Cuervo: No, sorry. Vice Mayor Gort: It wasn't. ! Ms. Cuervo: I stand corrected. Vice Mayor Gort: It's in now. Commissioner Plummer: Well, very definitely. Vice Mayor Gort: OK. OK. Is there any further discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF PROPERTIES LOCATED AT APPROXIMATELY 215 LEJEUNE ROAD, 4901 SOUTHWEST 2ND TERRACE AND 4100 SOUTHWEST 2ND STREET, FROM OFFICE AND SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN t ' EFFECTIVE DATE. 134 June 27, 1996 xd t Y� ravt� was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: Commissioner 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. NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo requested of the Clerk to be shown in agreement with the motion. ---------------------------------------------------------------------------------------------------------------- 32. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 -- CHANGE FROM R-1 SINGLE-FAMILY RESIDENTIAL, 0 OFFICE AND SD- 19 DESIGNATED F.A.R. OVERLAY DISTRICT -TO C-1 RESTRICTED COMMERCIAL -- TO CHANGE ZONING ATLAS -- FOR PROPERTY AT 4100 S.W. 2ND STREET/215 S.W. LEJEUNE ROAD AND 4091 S.W. 2ND TERRACE -- [APPLICANT: M. Stravrous, N. Rosen, M. Cakmen and C. Rosen] ---------------------- Vice Mayor Gort: Item 11 is a companion item. Commissioner Dawkins: Move it. I� Commissioner Plummer: Second. i Vice Mayor Gort: Moved by Commissioner Dawkins. Commissioner Plummer: Second. Vice Mayor Gort: It's been seconded by Commissioner Plummer. Thank you, sir. All in favor, state so by saying... Excuse me. It's getting too late. All in favor, state so by saying "aye." 0.j The Commission Collectively: Aye. 135 June 27, 1996 r An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL, 6- OFFICE AND SD-19 DESIGNATED FLOOR AREA RATIO OVERLAY DISTRICT (FAR .5) TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT 4100 SOUTHWEST 2ND STREET, 215 SOUTHWEST LEJEUNE ROAD, AND 4091 SOUTHWEST 2ND TERRACE, MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Dawkins, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: Commissioner 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. NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo requested of the Clerk to be shown in agreement with the motion. f ,i Vice Mayor Gort: OK. Mr. Echemendia: Thank you very much. 136 June 27,1996 e,) ----------------------------------------- 33. CONTINUE TO JULY 25, 1996: (A) PROPOSED FIRST READING ORDINANCE TO AMEND THE INTERPRETATION OF FUTURE LAND USE MAP TEXT OF ORDINANCE 10544 TO ALLOW PROFESSIONAL OFFICES, TOURIST AND GUEST HOUSES, MUSEUMS AND PRIVATE CLUBS OR LODGES WITHIN DESIGNATED HISTORIC DISTRICTS; (B) PROPOSED FIRST READING ORDINANCE TO AMEND THE HP HISTORIC PRESERVATION OVERLAY DISTRICTS TEXT OF ORDINANCE 11000) TO ALLOW VALET PARKING FOR PRIVATE CHUBS OR LODGES; (C) PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000, FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, TO CHANGE THE e ZONING ATLAS FOR THE PROPERTY LOCATED AT 3298 CHARLES AVENUE, MARIAH BROWN HOUSE; E (D) PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 TO R-1 SINGLE-FAMILY RESIDENTIAL, SD- 18 MIN. LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, FOR THE PROPERTY LOCATED AT 3744-3754 STEWART AVENUE, MARJORE STONEMAN DOUGLAS HOUSE. j Commissioner Dawkins: Is 12 approved by the Administration? I Vice Mayor Gort: Yes. Planning recommended approval. Ms. Christina Cuervo (Assistant City Manager): Yes, sir. Yes, we recommend this. Commissioner Dawkins: I recommend... Move it. Vice Mayor Gort: Is anyone here on PZ-12? Ms. Sarah Eaton (Planner II, CPR Dept.): We need to read some additions into the record. Vice Mayor Gort: Go right ahead, ma'am. Commissioner Dawkins: Wait, now. the board? Ms. Eaton: No. What you're reading into the record, was that approved by Commissioner Dawkins: See, you're coming, throwing me a curve, now. Ms. Lourdes Slazyk (Assistant Director, CPR Department): All right. Well, let me explain what it is we're doing. One of the reasons when we sent this to the Department of Community Affairs in the past was that they had a problem with us not being very specific on density and intensity limitations for these uses on historic properties. So the sentence we want to add now is to ! specifically address DCA's concern. 137 June 27, 1996 7 Mr. Joel Maxwell (Deputy City Attorney): What is the sentence? Vice Mayor Gort: Read it. Ms. Slazyk: OK. What I want to do is, on pages... We've got... Ms. Eaton: Four and 5. Ms. Slazyk: OK, 4 and 5. The... Where it starts off, "Professional office, tourist and guest homes, museums and private clubs or lodges," at the end of that paragraph, in all three places in the ordinance, there is a sentence that says... I want to delete the last sentence and replace it with "Density and intensity limitations for said uses shall be restricted to those of the existing or reconstructed structures." And then I want to add the word, "or reconstructed" to the first sentence, third line, "existing or reconstructed historic buildings." This... Vice Mayor Gort: OK. Would the maker of the motion accept the amendments? p � Commissioner Dawkins: No, no, no. I withdraw my motion. j Vice Mayor Gort: OK. i Commissioner Plummer: OK. Commissioner Dawkins: No. I haven't... You know, they've added these additions. I haven't read it. I don't know nothing about it, so I just withdraw my motion. Now, if they want to reschedule it for the next meeting, when... after I've had time to review it, hey, I'm with it. Commissioner Plummer: So be it. Vice Mayor Gort: You defer it? Ms. Slazyk: Then we ask for a continuance and we'll make that correction into your package. 44i Vice Mayor Gort: Continued to the next meeting, for the 25th. l Commissioner Dawkins: Continue, all right. Thank you very much. I Vice Mayor Gort: PZ-13. Ms. Slazyk: We need to continue 13, 14 and 15 as well, because they were related items. Vice Mayor Gort: Fourteen,15. Commissioner Dawkins: Continue them, and insert it in and you got me. 138 June 27, 1996 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO.96-487 A MOTION TO CONTINUE TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996 AGENDA ITEMS PZ 12 (PROPOSED FIRST READING ORDINANCE TO AMEND THE INTERPRETATION OF FUTURE LAND USE MAP TEXT OF ORDINANCE 10544); PZ 13 (PROPOSED FIRST READING ORDINANCE TO AMEND THE HP HISTORIC PRESERVATION OVERLAY DISTRICTS TEXT OF ORDINANCE 11000); PZ 14 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000, FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, TO CHANGE THE ZONING ATLAS FOR THE PROPERTY LOCATED AT 3298 CHARLES AVENUE, MARIAH BROWN HOUSE); AND PZ 15 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 TO R-1 SINGLE -FAMILY RESIDENTIAL, SD-18 MIN. LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, FOR THE PROPERTY LOCATED AT 3744-3754 STEWART AVENUE, MARJORY STONEMAN DOUGLAS HOUSE). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: ABSENT: None. Commissioner Joe Carollo NOTE FOR THE RECORD: Although absent during roll call, Comm ssioner Carollo requested of the Clerk to be shown in agreement with the motion. Vice Mayor Gort: PZ-16. Commissioner Plummer: We did 16. Commissioner Dawkins: Fifteen, Mr.... Ms. Cuervo: Sixteen was remanded. You've remanded back to the lower board. 139 June 27, 1996 .......................__.-._._-.____..._--.___..--__.. _..------------------ 34. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, ARTICLE 9, SECTION 917.9 (JOINT PARKING FACILITIES FOR CONTIGUOUS USES); SECTION 922.8 (JOINT LOADING FACILITIES FOR CONTIGUOUS USES); SECTION 924.1.3 (LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS,..) TO REQUIRE THAT RECORDABLE AGREEMENTS BE PROFERRED BY APPLICANTS FOR SHARED FACILITIES AS A PERMITTING CONDITION; ARTICLE 25, SECTION 2502 PROVIDES DEFINITIONS FOR COMBINED FACILITIES, JOINT FACILITIES, AND SHARED FACILITIES -- [Applicant: Community Planning & Revitalization Department) _ ---- - ---------- ------------------- -------- Vice Mayor Gort: Seventeen is second reading. Commissioner Dawkins: Same thing with 15, 16 and 17? Vice Mayor Gort: No, 17, second reading. Ms. Christina Cuervo (Assistant City Manager) Seventeen is a second reading. I Commissioner Plummer: Move it. Commissioner Dawkins: Second. Vice Mayor Gort: Is there anyone here on item PZ-17? Being none, it's been moved and seconded. June 27, 1996 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 917.9, "JOINT PARKING FACILITIES FOR CONTIGUOUS USES, SPECIAL EXCEPTION REQUIRED," SECTION 922.8, "JOINT LOADING FACILITIES FOR CONTIGUOUS USES, CLASS II SPECIAL PERMIT REQUIRED," AND SECTION 924.1.3, "LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS," INCLUSIVELY, TO REQUIRE THAT RECORDABLE AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BE PROFFERED BY APPLICANTS FOR SHARED FACILITIES AS A PERMITTING CONDITION; FURTHER, AMENDING SECTION 922.8 TO PROVIDE FOR FINDINGS; PROVIDING DEFINITIONS FOR "COMBINED FACILITIES," "JOINT FACILITIES," AND "SHARED FACILITIES"; 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 April 25, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and h ` final reading by title, and was passed and adopted by the following vote: AYES: NAYS: ABSENT: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11374. 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. i- NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo requested of the Clerk to be shown in agreement with the motion. 141 June 27, 1996 -35. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 615 (SD-15) RIVER QUADRANT MIXED USE DISTRICT) TO ALLOW MONUMENT SIGNS AS MEANS OF BUILDING IDENTIFICATION AT SD-15 RIVER QUADRANT MIXED USE DISTRICT -- (Applicant: Community Planning & Revitalization Department] ---------------------------------------------------------------------------------------------------------------- Commissioner Dawkins: Is 18 approved by the Administration? Ms. Christina Cuervo (Assistant City Manager): Yes, Commissioner. It's... l�. Commissioner Dawkins: You recommend it? Ms. Cuervo: Yes, sir. f Commissioner Dawkins: Move it as recommended by the Administration. i ' Commissioner Plummer: Second. Vice Mayor Gort: Is anyone here on PZ-18? Read it. Vice Mayor Gort: OK. All in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 615, SD-15 RIVER QUADRANT MIXED -USE DISTRICT, TO MODIFY EXISTING SIGNAGE REGULATIONS; 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 April 25, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: NAYS: ABSENT: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11375. 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. 142 June 27, 1996 NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo requested of the Clerk to be shown in agreement with the motion. ---------------------------------------------------------------------------------------------------------------- 36. SECOND .READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 9, SECTION 926.16 (LIMITATIONS ON ONSITE SIGNS ABOVE A HEIGHT OF FIFTY FEET (50') ABOVE GRADE TO ALLOW INSTITUTIONAL OR CORPORATE SEALS, OR EMBLEMS, TO BE USED AS A MEANS OF BUILDING IDENTIFICATION -- [Applicant: Community Planning & Revitalization Department] Commissioner Dawkins: Is 19 approved and recommended by the Administration? Ms. Christina Cuervo (Assistant City Manager): Yes, Commissioner. Commissioner Plummer: Second it, but I have to ask a question. Commissioner Dawkins: OK. J.L. Commissioner Plummer: You say corporate seal emblems for means of billing identification. How high or how wide can that emblem be? Can it be 18 stories high? Ms. Cuervo: No. The same limitation as the current signs have... Commissioner Plummer: Fifty feet? Ms. Cuervo: ... which is 50 feet. Commissioner Plummer: In other words, they could have an emblem 50 feet high on the side of a building. Ms. Cuervo: No. There's... Commissioner Plummer: It says 50 feet above grade. Ms. Cuervo: That's how high it can go up. Go ahead. Commissioner Plummer: I don't see anywhere where restricts them... Vice Mayor Gort: OK. Excuse me. Let staff answer you. Yes, go ahead. Mr. Francisco Garcia: The language here specifies - in the ordinance, that is - that if it is above 50 feet of height, that is, located above 50 feet, then the square footage would be 200. If it were over 200 square feet - I'm sorry - over 200 feet of height, then the square footage would be 300 square feet, and so on and so forth. 143 June 27, 1996 04, Vice Mayor Gort: OK. Any further... Read it. All right. All in favor, state so by saying "aye." Vice Mayor Gort: Unanimous. An Ordinance entitlf d - AN ORDINANCEAMENDING THE ZONING ORDINANCE BY AMENDING SECTION 926 TO ALLOW SEALS AND EMBLEMS AS A MEANS OF BUILDING IDENTIFICATION; PROVIDING LIMITATIONS ON SUCH 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 April 25, 1996, was taken up for its ' second and final reading, by title, and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance was thereupon given its second and i final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11376. 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. NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo requested of the Clerk to be shown in agreement with the motion. -------------------------------------------------------------------------------------------------------- FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 609 (SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT) TO MODIFY AND INTRODUCE REGULATORY MEASURES APPLICABLE TO CLINICS (MEDICAL AND DENTAL) WITHIN DISTRICT AT SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT -- [Applicant: Community Planning & Revitalization] --------------------- ----------------------------------------------------------------------------------- Vice Mayor Gort: Twenty. Ms. Christina Cuervo (Assistant City Manager): It's a first reading, amending the ordinance for the SD-9 District to modify and to do some measures applicable to clinics within the district. 144 June 27, 1996 Commissioner Plummer: Move it. Commissioner Dawkins: Second. Vice Mayor Gort It's been moved and seconded. Anyone here on item PZ-20? Being none... Commissioner Plummer: Read it. All in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. An Ordinance entitled AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING i. ARTICLE 6, SECTION 609, "SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT," TO MODIFY REGULATIONS PERTAINING TO "CLINICS, MEDICAL AND DENTAL"; CONTAINING A REPEALER PROVISION AND SEVERABILITY �. CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. I l was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: Commissioner 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. NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo requested of the Clerk to be shown in agreement with the motion. 145 June 27,1996 ...................•---••--•-----•--•-----..-.-.-....-.....---•-•---••---....................................... 38. CONTINUE TO JULY 251 1996 -- PROPOSED FIRST READING ORDINANCE: TO AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 620 (SD-20 EDGEWATER OVERLAY DISTRICT) TO ADD GROUND FLOOR OFFICE USES AS CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT, TO PROVIDE NEW PARKING REQUIREMENTS FOR SAID USES AT SD-20 EDGEWATER OVERLAY DISTRICT -- [Applicant: Community Planning & Revitalization Department] Vice Mayor Gort: Twenty-one. Commissioner Plummer: On 20... Vice Mayor Gort: PZ-21. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-21 is the amendment to the SD-20 Edgewater Overlay District. This is the one that Commissioner Plummer had a concern on the parking. We were introducing offices on ground floors of high density residential projects, and you had a concern about offices, medical offices and clinics. And we added a parking requirement of one space per 200 square feet for medical offices, including medical or dental clinics, and we left all other office uses at one to 300. Vice Mayor Gort: OK. Is there anyone here on PZ-21? Ms. Janet Cooper: Yes. Vice Mayor Gort: Yes. I Ms. Cooper: Janet Cooper, attorney with offices at 1172 South Dixie Highway in Coral Gables. I represent the Biscayne 21 Condominium Association, which is in this district. Mr. Joel Maxwell (Deputy City Attorney): Is she sworn in? Is she sworn in? Ms. Cooper: I'm sorry to say we didn't know about this, and we haven't had a chance to look at it. There has been a proposal for a building immediately catty -corner from the Biscayne 21 Condominium that we would have a severe problem if offices were to be allowed in there. So I just wanted to... Commissioner Plummer: Move to defer. II Commissioner Dawkins: Second. i Vice Mayor Gort: Wait a minute. i Commissioner Plummer: Come back. I' Ms. Cooper: OK. Vice Mayor Gort: Why don't you let her finish. She might... Yes. 146 June 27,1996 Ms. Cooper: I just wanted to say that before second reading, we may be coming back. Vice Mayor Gort: Right. You can move it and go to second reading. Ms. Cooper: Right, Ms. Slazyk: Yeah, this is first reading. Commissioner Dawkins: OK. So are we going to defer it, or are you going to get... Vice Mayor Gort: No. Move it on first reading and she can... Commissioner Dawkins: No, no, no. Vice Mayor Gort: No. Commissioner Dawkins: No, no, no. Ms. Slazyk: OK. If I could respond real quick. What we did to require, you know, to allow for notices, as we require a class two special permit, which requires all adjacent property owners to be notified of any time an office use was going to be introduced on the ground floor within the district. Therefore, if it were to be coming across the street, they would be notified as a procedure of the class two. Ms. Cooper: It still would make it more onerous on the citizens. I can tell you that in this particular spot - and I haven't reviewed it for the entire district - but in this particular spot, the parking and the traffic problems are already disastrous, and to add more to it... And it's a residential neighborhood. So just off the top of my head being here, I would have to say that I may very well be raising an objection before second reading. If you prefer to defer it, I wouldn't object to that, but I'm not necessarily asking. I'm just putting you on notice. Vice Mayor Gort: What's the wish of the Commission? Commissioner Dawkins: J.L. moved to defer it. I seconded. I: Commissioner Plummer: It makes no difference tome. I mean, I just don't want to go into the... 1 to a long dragged out discussion. If there's a problem, then let's talk about it. If there's not, then let's move it on first reading, and we'll deal with it between now and the second reading. Vice Mayor Gort: That's what they're saying. 1 Ms. Cooper: That's fine with me. Vice Mayor Gort: So I have a motion? Commissioner Plummer: I move it. Vice Mayor Gort: OK. It's been moved. Second? Commissioner Dawkins: No, I don't second it. Commissioner Plummer: Oh. OK. i Vice Mayor Gort: Then forget it. Defer the item. Move to continue? 147 June 27,1996 W Vice Mayor Gort: Yes. All in favor, state so by saying "aye." The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO.96-488 A MOTION TO CONTINUE AGENDA ITEM PZ 21 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000, ARTICLE 6, SECTION 620, SD-20, EDGEWATER OVERLAY DISTRICT, IN ORDER TO ADD GROUND FLOOR OFFICE USES AS A CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT AND TO PROVIDE FOR NEW PARKING REQUIREMENTS FOR SAID USES) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: NAYS: ABSENT: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. Commissioner Joe Carollo NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo requested of the Clerk to be shown in agreement with the motion. 148 June 27, 1996 ---------"------------------- ---------------------------------------------------------------------------------- 39. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 15 TO INTRODUCE SECTION ENTITLED: "CLASS II SPECIAL PERMIT REQUIRED FOR WAIVER OF DESIGN STANDARDS AND GUIDELINES" --SETTING FORTH DETAILED REQUIREMENTS AND CRITERIA -- [Applicant Community Planning & Revitalization Department] Vice Mayor Gort: Twenty-two. PZ-22. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-22 is a... Commissioner Dawkins: Why is this necessary, somebody? Ms. Slazyk: OK. We have some very strict design guides and standards in place in the City right now. We're trying to enhance the qualities of development by requiring trees every so many parking spaces. And when somebody finds themselves in the position of not being able to meet our guides and standards, or if they do, they'll be in a variance, they'll need a variance. We want the ability to relax the guides and standards... when to comply would put somebody in a variance. Commissioner Plummer: Willy, what is this thing? Commissioner Dawkins: Then why have the standards, if you're going to waive and relax them at will? Ms. Slazyk: No. The only times we're going to waive them... The criteria is very specific. If you had a project, and you were coming in, and to meet the guides and standards, you found that you needed a variance, then you would come in for a class two to relax them. And what we normally do is ask for mitigation. That you give us more landscape somewhere else. And the class two is a mechanism to do that. They've been working very well in the City. We just don't want to put a hardship on somebody having to get a variance. Commissioner Dawkins: What's been working very well? Ms. Slazyk: The guides and standards. We've been getting more landscaping... Commissioner Dawkins: Well, why are you... Well, now, you tell me you want to waive it. Ms. Slazyk: OK. But we're finding... Commissioner Dawkins: Wait, now. You tell me it's working OK. Now, you say you want to waive it. If it's working well, why do you want to waive it? I Ms. Slazyk: We want to waive it when to comply would put somebody in a hardship. Commissioner Dawkins: Well, it's not working all right, then. Ms. Slazyk: Well, in some cases, the hardship is, you know, it merits being able to give somebody a relief. We've had several applications come in where they'd have to get a variance if they couldn't comply. 149 June 27,1996 Commissioner Dawkins: I'd say that let it be waived by the Commission. Bring it to the Commission and we will waive it. Ms. Slazyk: You want these class two's to come for City Commission approval? Any waives of design guides and standards to come to the City Commission for approval. Ms. Christina Cuervo (Assistant City Manager): Commissioner Dawkins, just to give you some comfort, there are some guidelines and standards that are not waivable, because of the requirements by the South Florida Building Code, and by other codes. Commissioner Dawkins: Then you don't bring those to me. Bring me those... Ms. Cuervo: Exactly. So... Commissioner Dawkins: Bring me those that are waivable. Ms. Slazyk: It would... Yeah. There is a cost involved... Commissioner Dawkins: I mean I'll be guided b the will of the Commission. I'm not going g Y through this. Ms. Slazyk: Yeah. There is a cost involved if... See, right now, a class two special permit... Commissioner Dawkins: You know, the only reason... The only problem I have is you told me it's working wonderful. Now you tell me you want to waive it. See, that... Ms. Slazyk: Well... Commissioner Dawkins: That's conflict. Ms. Slazyk: This provides relief for a small business, a small property owner who just can't comply. And the option is that he can't open his doors, because he can't get his permits. We're introducing this as relief for the little guys who have problems with this, and to come to the Commission as a financial burden... Commissioner Dawkins: Yeah. See, now, they're grabbing at my heart. It's a small business. See, they didn't say it was small. Now, every... everything, you know, grabs at your heart. Ms. Slazyk: Yeah. A variance is very expensive, because of the cost involved with advertising and going to hearing. A class two special permit is usually between fifty and three hundred dollars ($50 and $300). So, you know, if you would like us to, you know, to consider... Commissioner Dawkins: Add in for one year to be brought back and review it at the end of the year. Vice Mayor Gort: What's the motion? Commissioner Dawkins: The motion is to approve for one year, and bring back at the end of the year to see how it worked. Vice Mayor Gort: OK. Is there a second? Second? 150 June 27, 1996 r An Ordinance entitled - AN ORDINANCE (Pending from the Law Department.) �. was introduced by Commissioner Dawkins, seconded by Commissioner Carollo, and was passed on first reading, by title only, by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort None. 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. 151 June 27, 1996 -------------------------------------------------------------- 40. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 15, SECTION 1501, 1502, AND 1503 -- MODIFY REQUIREMENTS FOR CLASS II SPECIAL PERMITS PERTAINING TO NOTICE / REFERRALS / TIME LIMITATION5 -- [Applicant: Community Planning & Revitalization] --------------------------------------------------------- ------------------------------------------------------- Vice Mayor Gort: Twenty-three. Commissioner Carollo: Twenty-three. Commissioner Dawkins: Is 23 recommended by the Administration? Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Yes, and it was recommended approval by PAB (Planning Advisory Board). Commissioner Carollo: Only missed 22, Commissioner. Good. I' Commissioner Dawkins: It is? You recommend this? Ms. Cuervo: Yes, it is recommended. Ms. Slazyk: The Planning Advisory Board recommends approval, as well. Commissioner Dawkins: Move it as recommended by the... Commissioner Carollo: Second. Vice Mayor Gort: OK. It's been moved and seconded. Any discussion on PZ-23? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. Twenty-four. Mr. Walter Foeman (City Clerk): It's first reading, Joel Mr. Maxwell: I'm sorry. This is an ordinance, 23. Mr. Foeman: PZ-23. Commissioner Carollo: Yeah, 23 is an ordinance. Commissioner Plummer: Did you read 23? Vice Mayor Gort: It's an ordinance. Mr. Vice Mayor, can you ask for the roll call again on that, please. 152 June 27, 1996 S y 1 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 15, SECTIONS 1501, 1502 AND 1503, TO MODIFY THE DETAILED REQUIREMENTS FOR CLASS II SPECIAL PERMITS PERTAINING TO NOTICE, REFERRALS AND TIME LIMITATIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Dawkins, seconded by Commissioner Carollo, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 41. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE: TO CONSIDER AMENDING CHAPTER 35 OF THE CITY OF MIAMI CODE -- AMEND CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC), ARTICLE VIIII (COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND) -- TO INCREASING COCONUT GROVE PARKING TRUST FUND BANK OF AVAILABLE PARKING SPACES TO ONE THOUSAND ONE HUNDRED SEVENY (1170) PARKING SPACES FROM WHICH TO DRAW -- REQUEST COCONUT GROVE PARKING ADVISORY BOARD MEMBERS APPEAR BEFORE COMMISSION. [Applicant: Community Planning & Revitalization Department] -- CONTINUE CONSIDERATION TO JULY 25, 1996 AT 6:00 P.M. ---------------------------------------------------------------------------------------------------------------- Ms. Christina Cuervo (Assistant City Manager: PZ-24 was remanded back to the PAB, (Planning Advisory Board) so PZ-25... Commissioner Dawkins: Is it recommended by the Administration and approved? Ms. Cuervo: Yes, Commissioner. I Commissioner Plummer: All right, 25 is all... Commissioner Dawkins: So move by... It's recommended by the Administration. j Ms. Cuervo: PZ-25. i Commissioner Plummer: That's the only thing that I... 153 June 27, 1996 Commissioner Dawkins: Twenty-five or 24? Ms. Cuervo: Twenty-four was remanded back to the PAB. Commissioner Plummer: Back. Ms. Cuervo: We're on PZ-25 now. Commissioner Dawkins: OK. All right. Let me see it. Well, you recommend it? Ms. Cuervo: Yes, sir. Commissioner Carollo: Twenty-five? Ms. Cuervo: Yes, sir. Commissioner Dawkins: So move. Commissioner Carollo: Yeah. Second. Commissioner Dawkins: It's recommended by the Administration. Vice Mayor Gort: PZ-25. Anyone here on PZ-25? Commissioner Dawkins: Wait a minute. Hold it. No, no, no. No, no, no. When you... Commissioner Plummer: Are you singing a song? Commissioner Dawkins: Yes. No, J.L., when we started, we had specific spaces and what have you. We had a specific amount of money. They got money. I don't know how much they have. They have not built one parking space. And now, they want to come back, without having built one parking space. I don't know how much money they have. Now, they want to go from 1,170 parking spaces, add more money, and build no parking spaces. Commissioner Carollo: Commissioner, you're right in that, what you're saying. That's what happens when it gets late at night, you know. They're giving us one item after another. I see it in the bottom here now, exactly what it entitles. Commissioner Plummer: Well, let's... Commissioner Carollo This is one that needs a lot of discussion. This is not a quick one. Commissioner Plummer: I thought that we had asked, or Commissioner Dawkins asked at the last meeting that there is a board... Mr. Jack Luft (Director, CPR Dept.): Commissioner. I. Commissioner Plummer: ... and that he balked at the fact that the board had not ever come to this Commission as a board and made recommendations, but asked us to reappoint members to the board. And I think that to discuss this issue this evening without having that board, who is directly responsible for saying what's happening, I think we're at a loss. And I personally would say to you at this time that we need to defer this issue until such time as the members of that board, who are basically an advisory board, can do as Commissioner Dawkins requests, and 154 June 27, 1996 come here and discuss the issue with this Commission. We need to know how much money is in that fund. We need to know... I keep hearing about the fact that they're going to buy the Farm Store and the property behind it, yet the Farm Store is still there. It's a local distribution for cocaine. Maybe that will be eliminated. But what I'm saying to you is that all of this stuff has to be brought here to this Commission. And at this point, I just think we ought to defer it until all parties, as Commissioner Dawkins said at the last meeting, are here to discuss the issue. Commissioner Dawkins: Second the motion. Ms. Cuervo: We have requested the advisory board to come in front of you, as Commissioner Dawkins had requested, and they're coming at our next meeting. Commissioner Dawkins: Well, why bring this... OK. Ms. Cuervo: Because this item was deferred from the last meeting. I'm sorry. It was... Commissioner Dawkins: OK. Well, all right. We... i Ms. Cuervo:... discontinued to a time certain. Commissioner Dawkins: This is deferred. This is deferred until... When is the next meeting? Vice Mayor Gort: My understanding is this is going to come back in July? Let it... Ms. Cuervo: Well, we were going to have the Coconut Grove Parking Advisory Committee come on July 25th. But if we can come earlier, because the PAB had to hear some of the ideas that are being proposed for the new ordinance for parking in Coconut Grove. And... Vice Mayor Gort: OK. The 11th then. Ms. Edith Georgi-Houlihan: May I speak? Vice Mayor Gort: Is that all right with you, Commissioner? Mr. Luft: Mr. Vice... I` Commissioner Dawkins: The 11th. Is there a time certain that the neighbors want? Unidentified Speaker: Yes. Six o'clock. Commissioner Dawkins: Huh? Six o'clock? Unidentified Speaker: Yes. Commissioner Dawkins: Six o'clock it will be. OK? Ms. Georgi-Houlihan: Commissioners, my name is Edith Georgi-Houlihan. I am a member... j Commissioner Dawkins: Pull the mike up, please, ma'am. Ms. Georgi-Houlihan: I am your newly appointed member to the Parking Advisory Board. However, I'm not here on behalf of the Parking Advisory Board. I'm here as a member or as a resident of Alamanda Street, which is directly affected by this. I see Mr. Cook from the Parking Advisory Board is also here, and I appreciate your willingness to get additional input. But my 155 June 27, 1996 neighborhood is here also, and as a resident, we are here to strongly oppose this particular ordinance, and we'll be prepared, at your convenience, to give you all of the facts. Commissioner Dawkins: Thank... All right. Get her name and address so that I can get in touch with them, please, Mr. Clerk. OK? Mr. Luft: Mr. Vice Mayor. Vice Mayor Gort: Excuse. This item has been deferred? Commissioner Dawkins: Yes, it's been deferred. Commissioner Plummer: Right. Vice Mayor Gort: It's going to come back to us on the 11th. Make sure you give... Commissioner Carollo: But let him make a statement. Mr. Michael Bushey: Can I speak to that, just for a second? Mr. Maxwell: It's the 20... July 25th, Mr. Vice Mayor. Ms. Cuervo: July 25th. Mr. Bushey: My name is Michael Bushey. I live at 3238 Virginia Street. And I'm not sure that it's necessary to defer it for a couple of reasons. First of all, if I'm not mistaken, Commissioners, you have deferred this item twice now. Our neighborhood has a problem that we feel needs to be discussed and addressed, not next month, but now. The Director of the Off - Street Parking Board is here, if you want to ask him specific questions that you need to ask him. He is here, and he can answer those questions. And I don't understand why it would be necessary to defer this issue. Commissioner Dawkins: OK. I'm prepared to vote no. That's how I'm prepared. But the board members or someone may come and convince me not to vote no. I have not heard from them. And I think, as an elected official, I should give them the opportunity to convince me that I shouldn't vote no, and that's why I'm deferring it. Me. I don't know... I can't speak for anyone else. Commissioner Carollo: Well, I, for one, am more than willing to even come to a special Commission meeting to discuss this, if need be. I think it's important enough for Coconut Grove to take this item by itself, and not in the midst of so many items. There's a lot that depends on what we do with this here. Mr. Luft: Vice Mayor. Vice Mayor Gort: I don't have a problem. Yes. Mr. Luft: The Chairman of the Parking Board, Robert Masrieh, asked us to tell you that he has bronchitis, and that's the reason he's not here tonight. He regrets that he couldn't make it. j Vice Mayor Gort: Yeah. But my understanding is Commissioner Dawkins last time requested that they come in front of us and give us an idea of their plan, what they want to do, and so on. OK. Yes, ma'am. -f I L. e 156 June 27, 1996 Ms. Joyce Nelson: Hi. Joyce Nelson, 2535 Inagua Avenue. I've been a member of the Parking Advisory Board for two years. And the board has voted twice to deny this particular item, and it has not passed. OK? We don't agree with it. We have a lot of concerns, including the neighborhood that surrounds this area. And we have diligently spent a lot of time in making this parking ordinance acceptable to everyone and agreeable to everyone, and this is not what we wanted. We... This is not agreeable to the board. I know Robert is not here to speak, but I am a member of the board, and have voted, and I can... It can be verified in our minutes. Commissioner Dawkins: OK. Vice Mayor Gort: OK. Thank you. Commissioner Dawkins: My concern is, and will continue to be, when we created the board and we started to take up money, we were to relieve parking this way on Main Highway. In fact, where is Steve Helfman? Steve Helfman could not get a permit for somebody who owned land on Main Highway because there was no parking, and they would not permit him to buy into the plan. Now, we've taken up money, we have money, and you're going up and build, in my opinion, a parking relief valve for Mayfair. You're not addressing, in my opinion, you're not addressing the issue for which the board was created. Ms. Nelson: You're addressing the issue, item PZ-25, which the board has not approved. We have not approved that. Commissioner Dawkins: OK. But... OK, all right, OK, no problem. Ms. Nelson: So, I mean, we ask either you deny this or you have it deferred. Vice Mayor Gort: Excuse me. There's a motion to defer. Ms. Nelson: Right. Vice Mayor Gort: OK? Ms. Nelson: I agree. Vice Mayor Gort: Yes, sir. Are you going to speak? Mr. Gerald Marston: My name is Gerald Marston. I live at 3026 Day Avenue. I'm the president of the Lemon Tree Condominium Association. I've spoken with all of you. We are not necessarily here to endorse or to deny... or ask you to deny this permit, but we have an issue related to our neighborhood. We have continued to work with our neighborhood. We have copies of the existing ordinance under which money is being collected by the Parking Advisory Board. We believe that the intent of that ordinance was to, in fact, mitigate within our neighborhood some of the situations that have existed because we have 1,000 or we have 1,170 phantom parking spaces. I would like to urge all of you to consider our neighborhood in the creation or the adoption of Jack Luft's new plan, and to not leave... I'm going to call them weasel words, OK? There are weasel words in the existing ordinance which allows a tremendous amount of discretion on people's parts in terms of how they mitigate the situation in our neighborhood. We're the free parking today. We have been for the past three years, 300 free parking spaces for the commercial district in downtown Coconut Grove. Commissioner Plummer: I thought this was going to be deferred. Vice Mayor Gort: It is. 157 June 27, 1996 Mr. Marston: We need some help, and we need some relief. Commissioner Plummer: It's deferred. Commissioner Dawkins: See, this is my... Mr. Vice Mayor and other Commissioners, this is my problem. We have neighbors and citizens who live over there, who are affected, and who are desirous of remaining in their homes, and we're not doing anything, in my opinion, to encourage them to stay in their homes. See, if we build the parking garage where they want to build it, this gentleman and that gentleman and nobody will get any relief from the problem that we're supposed to be relieving. So it's deferred anyway. Let's call the next item. Vice Mayor Gort: OK. But my understanding is, this neighborhood, what they would like to see in the ordinance, my understanding is there's some funds being allocated to take care of some of the problems. And this is some of the things we're going to bring up when we come back. .. Commissioner Carollo: And it's important that we need to do that, because, I'll tell you, if any of us were living in that side of Coconut Grove, we'd be, you know, definitely not be as patient as they have been. They're going through hell every evening there, particularly weekend nights. We need to find a solution to that. And Mr. Vice Mayor, I am more than willing, if you would like to call a special meeting before the 25th, to come to it and discuss this as a one item issue. Ms. Cuervo: Commissioners and Vice Mayor... IVice. Mayor Gort: I don't have any problem with that. Yes, ma'am. Ms. Cuervo: Just for your information, last week, the Coconut Grove Parking Advisory Board passed unanimously a new proposal by our Planning Director. That's going to be presented to the Planning Advisory Board this coming month in July, and if we're able to, we could bring it to you at the last meeting in July. This is to address the parking problem within Coconut Grove. f Commissioner Dawkins: Mr. Vice Mayor. Vice Mayor Gort: Yes. Commissioner Plummer: Do it on the 11th. Commissioner Dawkins: Mr. Vice Mayor, why would your... what... Mr.... Who did what, now? j Ms. Cuervo: The Planning Director... Commissioner Dawkins: Did what? Ms. Cuervo: ... has come up with a proposal to address the Coconut... Commissioner Dawkins: OK. Ms. Cuervo: ... parking ordinance. Commissioner Dawkins: Why would the Planning Director come to you with a plan that's so t magnificent, and don't present it to the four of us, so that we could... We could have told you yes or no. But now, it was so magnificent, you guys decided, "Hey, we're going to run with it." 158 June 27, 1996 cr Ms. Cuervo: That's not this proposal, Commissioner. That's why we would... It was fine with us that you defer this. When you hear that one at that time, you could just... We could just withdraw this proposal. Commissioner Dawkins: Thank you. Vice Mayor Gort: OK. Ms. Cuervo: But that had to go through the process, go to the Coconut Grove Parking Advisory Committee, then to the Planning Advisory Board, then to you. That's the process we have to follow. Commissioner Dawkins: Yeah, but you could have saved all... OK. You know... Ms. Cuervo: We would have loved to have come to you first. Commissioner Dawkins: OK. All right. No problem. t Vice Mayor Gort: They can't do that. OK. Commissioner Plummer: Call the roll. Vice Mayor Gort: Call the roll. This is for deferral. All in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.96-489 A MOTION TO CONTINUE AGENDA ITEM PZ 25 (PROPOSED FIRST READING ORDINANCE TO AMEND CHAPTER 35 OF THE CITY OF MIAMI CODE, ENTITLED "MOTOR VEHICLES AND TRAFFIC", ARTICLE VIII, "COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND") TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JULY 25, 1996, AT 6:00 P.M.; FURTHER REQUESTING THAT THE MEMBERS OF THE COCONUT GROVE PARKING ADVISORY BOARD BE GIVEN THE OPPORTUNITY TO DISCUSS I THIS ISSUE WITH THE MEMBERS OF THE CITY COMMISSION. 159 June 27, 1996 f Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. ` Vice Mayor Gort: Thank you. Commissioner Dawkins: Twenty-six? r Commissioner Plummer: Now, where is that? Vice Mayor Gort: We finished 26. F` i - ------------------------------------ 42. RESCHEDULE JULY 25, 1996 COMMISSION MEETING TO BEGIN AT 2:00 P.M. -- SEE LABEL 44. Vice Mayor Gort: Pocket items. Commissioner Plummer: If I could... Commissioner Carollo: I have a pocket item. Commissioner Dawkins: Yeah, but I got three pocket items. Let me get mine through quick first. Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor. Mr. Maxwell: Before you take up pocket items, can you act on the establishment of the date for I the... of the time for the Planning and Zoning Board meeting of the 25th? Vice Mayor Gort: From my understanding, the meeting on the 25th is going to be something very heavy, like the one we have today, and if you don't mind, we'd like to start at two -thirty. Will that be OK? Commissioner Dawkins: OK. Two o'clock is fine with me. 160 June 27,1996 Mr. Maxwell: Two -thirty. Commissioner Plummer: Fine. Commissioner Carollo: Well, why don't we start at two, if we can, Mr. Vice Mayor. Commissioner Dawkins: Two o'clock. Vice Mayor Gort: Two o'clock is fine. Make it two o'clock. Commissioner Carollo: Yeah. This way, we won't have to stay here so late. Vice Mayor Gort: Make it two o'clock. Commissioner Dawkins: OK. I got three pocket items, please. Commissioner Carollo: I have a quick one. i Vice Mayor Gort: Excuse me. Commissioner Dawkins: Go right ahead, Joe. 1 Vice Mayor Gort: Excuse me. Is that taken, two o'clock? Excuse me. Two o'clock? Ms. Christina Cuervo (Assistant City Manager): Two o'clock. We have two items scheduled after five o'clock for the... Commissioner Dawkins: That's nothing. We... Vice Mayor Gort: Fine. We'll be here. Commissioner Dawkins: We'll be here. Vice Mayor Gort: OK. Thank you. I Commissioner Dawkins: Especially when we have all these items like we had this morning. [AT THIS POINT, THIS ITEM WAS MOMENTARILY INTERRUPTED. SEE LABEL 44.] 161 June 27, 1996 W, ................................................................................................................. 43. EMERGENCY ORDINANCE: ESTABLISH "ANTI -GANG INITIATIVE" SPECIAL REVENUE FUND FOR $500,000 -- APPROPRIATE FUNDS -- GRANT RECEIVED FROM US DEPARTMENT OF JUSTICE. Vice Mayor Gort: Commissioner Carollo. Commissioner Carollo: Yes. I have a request from the Police Chief to present the following pocket item. It's a recommendation, that an emergency ordinance be established and special revenue fund entitled Anti -Gang Initiative, accepting a grant from the U.S. Department of Justice in the amount of five hundred thousand dollars ($500,000), and appropriating said funds for the operations of the same. Commissioner Dawkins: You move it? Commissioner Carollo: I move it if the City Attorney could read the ordinance. You should have a copy. Vice Mayor Gort: I need a second? A. Quinn Jones, III, Esq. (City Attorney): An emergency ordinance establish... Vice Mayor Gort: Excuse me. I need a second. Commissioner Plummer: Second. Vice Mayor Gort: Seconded. OIL. Go ahead. An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "ANTI -GANG INITIATIVE" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $500,000.00 RECEIVED BY THE CITY AS A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT 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. 162 June 27, 1996 was introduced by Commissioner Carollo 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. M. -1-RIOZ111F None. Whereupon the Commission on motion of Commissioner Carollo and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11377. 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. ---------------------------------------------------------------------------------------------------------------- 44. (CONTINUED) -- RESCHEDULE JULY 25, 1996 COMMISSION MEETING TO BEGIN AT 2:00 P.M.) -- SEE LABEL 42. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: You ready? I have... Vice Mayor Gort: OK. Wait a minute. I need a motion... Commissioner Dawkins: I got... I got... Commissioner Carollo: I only have one. Vice Mayor Gort: I need a motion for the two o'clock meeting. Commissioner Dawkins: So move. Commissioner Carollo: Two o'clock would be fine. Yes. Vice Mayor Gort: It's been moved and seconded. All in favor, state so by saying "aye." 163 June 27, 1996 e The Commission Collectively: Aye. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-490 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF JULY 25, 1996 TO COMMENCE AT 2:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 45. DIRECT MIAMI CAPITAL TO DEVELOPMENT CORPORATION, INC. (MCDI) DISCUSS WITH ADMINISTRATION AND COMMISSIONERS ALTERNATIVES TO JAHID RASHEED LOAN -- DIRECT MANAGER TO RETURN WITH PROPOSAL FOR COMMISSION APPROVAL. Commissioner Dawkins: OK. I have three pocket items. Vice Mayor Gort: Go ahead. Commissioner Dawkins: Mr. Pablo Cisneros... OK. Mr. Prentice Rasheed... Mr. Jahad Rasheed: No, please. Jahid Rasheed. Commissioner Dawkins: I'm sorry. Not Prentice, not Prentice. I'm sorry. But Mr. Rasheed has been attempting to get a loan from Miami Capital for years. And for some reason, it's another one that does not... has not gotten a loan. So can you tell me, Mr. Cisneros, why the loan is not approved? Mr. Pablo Perez -Cisneros: The loan was approved on 4/17/96. A commitment letter was issued on 4/18/96. The loan was for fifty thousand dollars ($50,000); thirty thousand dollars ($30,000) for equipment, twenty thousand ($20,000) for working capital. The commitment letter expired on 6/17/96. We met with the borrower on May 8, '96. At our invitation, he visited our offices and discussed with our loan analyst, the Jim Culmer, the contents and requirements of our commitment letter. The thing is only today is when I received a request for an extension to that commitment letter. But I have not received. 164 June 27, 1996 Commissioner Dawkins: OK. Wait a minute, wait. Hold it, hold it, now. Hold it. There is fifty million dollars ($50,000,000) committed to Mr. Rasheed as a loan. All he has to do is come in and pick it up. Mr. Perez -Cisneros: Only fifty thousand ($50,000). No, sir, no, no, no. Commissioner Dawkins: OK. Well, then, it's not committed. It's a promise. Mr. Perez -Cisneros: No, no. The commitment is a condition... with conditions, according to HUD (Department of Housing and Urban Development) regulations, Commissioner. Commissioner Dawkins: OK. OK. You know... And I'm going to say this. Every time somebody looks like him goes to Miami Capital, they don't get a loan. Mr. Perez -Cisneros: That's incorrect, Commissioner. Commissioner Dawkins: No, no, it is not incorrect. OK? Mr. Perez -Cisneros: I have the facts to prove it, Commissioner. Commissioner Dawkins: OK. Well, no... Yeah, but... OK. And they have all kinds of problems getting loans. Now, somebody tell me how I can get this man a fifty thousand dollar ($50,000) loan. Because this man is... And J.L. Plummer knows, because he's by there every day, this man is on the comer of Douglas and Grand... Mr. Perez -Cisneros: Commissioner... Commissioner Dawkins: He gets broken into almost every other week. And yet he'd like... I don't know, he's got to be loose in the head. He continues to stay there, in that neighborhood, attempting to be a businessman, and be a role model in that area. And everybody comes and tells him, "Well, we will help you, but if you had some collateral." If he had collateral, he wouldn't be trying to borrow. Mr. Perez -Cisneros: He has collateral, Commissioner. Commissioner Dawkins: OK? If... And somebody... They come back and tell him, "Well, you see, if you..." No, take... Yeah, my pet group - what is it? Tools for Change - we will guarantee 20 percent of your loan. Mr. Perez -Cisneros: Those commitments... Commissioner Dawkins: And they don't ever do... I know that. Listen to me. If the man needs a thousand dollars $1,000), and they want him to go find eight hundred ($800) before they loan him two hundred ($200), what is that doing, Pablo? Nothing. You know it just... And it just puts... I'm just... It puts a heavier burden on you, see, because if they would come to you and say, "We will loan him 50 percent if you loan him .50 percent," hey, we got a working deal. But I everybody puts the monkey on Miami Capital's back and the City of Miami. And soon as you make the loan, everybody takes credit for it. Now, what do I have to do to get this man a... get fifty thousand dollars ($50,000) from Miami Capital to him? Mr. Perez -Cisneros: He got a commitment letter, the same as all the other 436 loan recipients... Commissioner Dawkins: All right. OK. Well, give me the commit... f: 165 June 27,1996 lid Mr. Perez -Cisneros; ... which 55 percent are blacks. Commissioner Dawkins: Give me the commitment letter now, and I'll make a motion that we approve it. Hand it here. Mr. Perez -Cisneros: It's the commitment. He has to fill the commitment according to HUD regulations, Commissioner. Commissioner Dawkins: Beg your pardon? Mr. Perez -Cisneros: He has to fulfill the commitment according to HUD regulations. HUD regulations require that an appropriate determination be made. Commissioner Dawkins: OK. Hand me... Give me... OK, give me the loan paper. I know what I can do here.I'll try something here, see if it will work. I move that the City of Miami direct the City Manager to find fifty thousand dollars ($50,000) to loan this gentleman, and that when i we get through with the HUD regulations, that the HUD money be given back to the City of Miami and put in the City of Miami's funds. I so move. Commissioner Carollo: Let me second that for the purpose of discussion. Ms. Christina Cuervo (assistant City Manager): That's fine. Commissioner Dawkins: For discussion. Yes, sir. Vice Mayor Gort: Yes, sir. Ms. Cuervo: To be repaid by Miami Capital. OK. Commissioner Carollo: Mr. Manager, can you bring some light into this matter, and see how we i can come to a legal and amicable solution to it? Mr. Cesar Odio (City Manager): Yes, sir. "Tu le vas a dar los $50,000?" Mr. Perez -Cisneros: We made a commitment to give him the fifty thousand dollars ($50,000), provided he meets the HUD regulations we require on any loans that we do. Mr. Odio: OK. I... I... You know... Mr. Perez -Cisneros: We do have a history of the gentleman, and that's why the loan committee was strict in the ways that they committed. Mr. Odio: And sometimes we forget what we created Miami Capital for. And I rode around yesterday in an area that needs economic development. And we have to take risks with money so that we can develop those neighborhoods. Just keep that in mind. Commissioner Carollo: Well, can we do this? Mr. Perez -Cisneros: I have that in mind. Mr. Odio: You have to take risks. Commissioner Carollo: Can we do this? Can... Commissioner, can we direct Miami Capital to relook at the loan and have him fill out whatever else they need, look at it carefully? I think 166 June 27,1996 „i you... They've understood your statements here. And then bring it back to us at the next available meeting, whether it's a special one or a regular one. Commissioner Dawkins: Mr. Commissioner... Mr. Perez -Cisneros: Commissioner, you want me to give you full disclosure regarding the whole loan and the character individual? Commissioner Dawkins: I want you and Miami Capital to understand, you are not a bank. Mr. Perez -Cisneros: I am not. Commissioner Dawkins: OK? But you got the same regulations that a bank has, and you're supposed to be helping minority... No, no, no. Now, you're supposed to be helping minorities in business. And you want them to meet the same requirements that a bank demands. If they could I meet those requirements for the bank, they wouldn't be in your business. Mr. Perez -Cisneros: Commissioner, nothing will make me more happy than to give the gentleman fifty thousand dollars ($50,000) and forget about it. Commissioner Dawkins: No, no, no. I don't want... But you see... But you see... M Mr. Perez -Cisneros: I cannot do it because I am governed by HUD regulations. IVice Mayor Gort: Excuse me, excuse me. Commissioner Dawkins: But if you give them fifty thousand dollars ($50,000) and forget about it, we don't have fifty thousand dollars ($50,000) for the next group. Mr. Perez -Cisneros: Correct. Commissioner Carollo: See, this is... Commissioner Dawkins: OK. You're not helping me, you see. OK. Well, OK, I tried to help. That's all I can do. Commissioner Carollo: This is exactly what I don't think this Commission, Miami Capital should be doing, having to get into these unpleasant discussions in public. Mr. Perez -Cisneros: I don't like to. Commissioner Carollo: And I think you've understood what the Commissioner has said. Now, I'm asking everyone to please cooperate, to sit down, try to work out a legal and amicable solution, and bring it back so that, you know, this Commission could take action on it. ( Mr. Perez -Cisneros: But I need some guidance from you, Commissioners. Do you want me to abide by HUD regulations, or you want me to forget about HUD regulations? Commissioner Carollo: Well, you know, these are the kinds of things that I think you need to discuss with the individual Commissioners. You need to sit down with Commissioner Dawkins... Mr. Perez -Cisneros: OK. No problem. 167 June 27, 1996 Commissioner Carollo: You need to sit down with me and the other Commissioners. Commissioner Dawkins: No, wait a minute. No. You don't have to sit down with me. I don't want you to reinvent the wheel. I do not want you to do anything illegal. I don't want you to do anything because I'm going in business. Commissioner Carollo: No one is saying that, at all. Commissioner Dawkins: I want you to quit making it hard for people I know to get loans from Miami Capital. Now, I don't care what we have to do, but Miami Capital is supposed to assist people in business. Mr. Perez -Cisneros: Commissioner, I agree with you 100 percent, and we with all of you... Vice Mayor Gort: OK. Excuse me. Excuse me. Commissioner Dawkins: OK. All right. Well, the Commissioner... Vice Mayor Gort: Excuse me. Excuse me. Mr. Perez -Cisneros: If you want me to change the rules of the game, I'll change them. Vice Mayor Gort: Hey, excuse me. Commissioner Dawkins: OK. All right. Well, Commissioner has... Vice Mayor Gort: Excuse me, Commissioner Dawkins. My understanding is that the City Manager got the message. The City Manager, my understanding, City Manager... Commissioner Carollo: Well, I'm making a substitute motion. Commissioner Dawkins has seconded it. Vice Mayor Gort: OK. Commissioner Plummer: What was the motion? Vice Mayor Gort: The motion is for them to get together and try to work out a solution amicably and legally. Commissioner Plummer: Oh, fine. Fine. Commissioner Dawkins: OK. Thank you. Vice Mayor Gort: OK? All in favor, state so by saying "aye." The Commission (Collectively): Aye. If:3 June 27, 1996 The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO.96-491 A MOTION DIRECTING MIAMI CAPITAL TO DISCUSS WITH THE ADMINISTRATION AND COMMISSIONERS INDIVIDUALLY POSSIBLE ALTERNATIVES TO THE RASHEED LOAN; FURTHER DIRECTING THE MANAGER TO COME BACK WITH A PROPOSAL FROM MIAMI CAPITAL FOR COMMISSION APPROVAL. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 46. DIRECT ADMINISTRATION TO PROVIDE DETAILED REPORT CONCERNING EFFORTS MIAMI CAPITAL DEVELOPMENT CORPORATION, INC. (MCDI) IS MAKING TO RECOVER THE OUTSTANDING $135,000 GARCES COMMERCIAL COLLEGE LOAN. Commissioner Dawkins: OK. Come up here... Commissioner Plummer: I asked... Mr. Cisneros? Mr. Perez -Cisneros: Yes, sir. Commissioner Plummer: I asked at the last Commission meeting... Mr. Cesar Odio (City Manager): That's not Cisneros. Mr. Perez -Cisneros: Pablo. Well, I'm the cousin. Commissioner Plummer: I asked at the last Commission meeting about that great, great loan to Garces College. IZ June 27,1996 Commissioner Plummer: This City, as I understand it, really took a bath. Sir... Mr. Perez -Cisneros: A hundred and thirty-five thousand dollars ($135,000). Commissioner Carollo: How much? Mr. Perez -Cisneros: A hundred and thirty-five thousand ($135,000). Commissioner Plummer: A hundred and thirty-five thousand dollars ($135,000). } Commissioner Carollo: A hundred and thirty-five thousand ($135,000). Commissioner Plummer: All right? I would like something in writing outlining, in detail, every effort that you're doing to try and recover that money. f Mr. Perez -Cisneros: Yes, sir. Commissioner Plummer: OK? Mr. Perez -Cisneros: We're obtaining... As indicated to you, I gave all the information to City staff... Commissioner Plummer: OK. Mr. Perez -Cisneros: .. and they have all that. Commissioner Plummer: I haven't got it, so I would appreciate... I would appreciate you getting is it to me. Vice Mayor Gort: Yeah. ! Commissioner Dawkins: OK. The other... Vice Mayor Gort: Thank you. Mr. Perez -Cisneros: To staff "O se to doy directo" ? 170 June 27, 1996 -------------------------------------------- --- -- - -- 47. DIRECT MANAGER TO OBTAIN BIDS FOR CONSTRUCTION REPAIRS ON BELAFONTE - TACOLCY CENTER -- ADDRESS ISSUE OF REVOCABLE LICENSE AFTER BUILDING REPAIRS ARE COMPLETED. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Second pocket item. Commissioner Dawkins: The other pocket item I have is, for five or six years, we have sat here and let Tacolcy just deteriorate. He passes it every day, almost. It's right there. The building is falling in. Mr. Manager, how much did we make available to Tacolcy for repairs to Tacolcy? I' Mr. Cesar Odio (City Manager): We just placed a new roof on the building. Commissioner Dawkins: Yeah, but I'm saying, how much money did we make available? Mr. Odio: What was it? A total of fifty... half a million dollars. Commissioner Dawkins: OK. And how long ago was that? i Mr. Odio: About six months ago, no? We have given them a total of six hundred and fifty-four thousand dollars ($654,000). Commissioner Dawkins: Given it to them, when? Mr. Odio: In three years. Commissioner Dawkins: In three years. Mr. Odio: Over three years. Commissioner Dawkins: All right. Now, what... All right, go to the mike. What did we do with six hundred and fifty thousand dollars ($650,000)? What did we do with it? Mr. Odio: Well, let me go through this list here. What... It's here, right? Commissioner Dawkins: Let Mr. Rodriguez tell me Mr. Manager. i � Mr. Odio: They still have four hundred... Let me tell you. The good news is, they still have a balance of four hundred and seventy-two thousand dollars ($472,000). Commissioner Dawkins: Now, how can we spend that in a hurry? Mr. Odio: By... Well, see, they need to give us a budget of what they need to repair immediately. Commissioner Dawkins: The building. The whole building. Mr. Odio: You want to do the whole building? Commissioner Dawkins: I do. 171 June 27,1996 3� f } Commissioner Dawkins: OK. Wait a minute. Hold it. You have bids. Am I correct? Mr. Odio: Do we have to get bids or... Commissioner Plummer: No, the City has to go out on the bids. Mr. Odio I have to. Commissioner Dawkins: No. Well, Tacolcy... Wait a minute. Tacolcy is an... Commissioner Plummer: It's a City -owned property. j' Commissioner Dawkins: No. We don't own it anymore. It's not ours. f: Commissioner Plummer: Well... Mr. Odio: Well, we own the building. Commissioner Dawkins: Huh? i Mr. Odio: We own the building. They don't pay... They are not under control of the building. We have been maintaining that building since I can remember. 1 Commissioner Dawkins: Well, if we... If we have to main... Mr. Odio: Now, you have to give them a... Commissioner Plummer: Excuse me. Commissioner Dawkins, if I may. Whether we own the building or not, if our money is involved, we should have a public competitive bidding. i Commissioner Dawkins: OK. But the only thing I'm saying to you, Commissioner Plummer, is if we own the building, we have been derelict, because we let it deteriorate to get it into the shape it's in, we, the City. Commissioner Plummer. I'm not arguing that point. Commissioner Dawkins: Well, OK then. All right, then. Mr. Odio: Well, Eduardo here is proposing a resolution... J Commissioner Dawkins: Wait a minute. Let's... No, let's hear from Clyde. Mr. Odio: I don't know if I agree with this. These are... is is Mr. Clyde Judson: My name is Clyde... Vice Mayor Gort: Excuse me. Go ahead. i Mr. Judson: My name is Clyde Judson. My address is 2730 Southwest 3rd Avenue. I am the secretary for the board of directors at Belafonte/Tacolcy Youth Center. We have worked very closely with the staff of Asset Management, and what they have advised us is that Tacolcy needs to enter into a revocable license, and at that point in time that... June 27,1996 F VIa �qt.. l '5 Commissioner Dawkins: Mr. City Attorney, did you hear this, please? Listen... Do you hear what he says? Because I don't believe this. Go ahead, start over. Mr. Judson: The City... The City of Miami would then turn over to Tacolcy the four hundred... A. Quinn Jones, III, Esq. (City Attorney): I can't hear. Commissioner Dawkins: Go ahead. Start over then. Vice Mayor Gort: Bring the mike up again. Mr. Judson. We have been advised by Asset Management staff that Tacolcy needs to enter into a revocable license with the City of Miami, at which time, the City of Miami would turn over to Tacolcy for the capital improvements necessary and repairs the amount of four hundred and seventy thousand... seventy-two thousand dollars ($472,000). And at that point in time, we will begin to conduct our own bidding process for the balance of the work that needs to occur. Vice Mayor Gort: What do you want to... Commissioner Plummer: I would have a problem, just as one, OK? This City Commission has to protect tax dollars. These are tax dollars. And I think that almost everything that I can remember has gone through a competitive bidding procedure where tax dollars are concerned. And I would be... I would be wanting that this is the same procedure, to make sure... Commissioner Dawkins: All I'm saying to everybody out there in the listening audience is, it's the City of Miami's property. Commissioner Plummer: Yeah. ! Commissioner Dawkins: It's in the heart of the ghetto. It's falling in, and falling down on people, and if we were doing our job, and you want them to sign a revocable permit, bring it up to code, put it in first class condition, and then tell them that it's all right for you to sign a revocable permit. But don't tell them to sign a revocable permit with the building falling in on them, and tell them, "I'm going to give you four hundred..." No, no, not you, Mr. Manager. No, no. Mr. Odio: No, but I want to explain something that may help. Commissioner Dawkins: Don't give them four hundred thousand dollars ($400,000), and the building falling in on them, and then when they take the four hundred thousand dollars ($400,000) to fix the roof, you'll say, "Well, hey, we gave you four hundred thousand dollars ($400,000). You didn't do nothing with it." Mr. Odio: But let me explain. If you give them the revocable permit, then we can give them the j, four hundred and seventy-two thousand ($472,000). Commissioner Dawkins: No, I don't want to give them anything. I want the City of Miami to bring the building up to code. Mr. Odio: Fine. Then we'll have to go... Commissioner Plummer: I agree with that. I agree with that. 173 June 27, 1996 j Mr. Odio: Fine. We'll do it ourselves. We have to go to the bids. Commissioner Dawkins: Well, look... Commissioner Plummer: That's right. Commissioner Dawkins: No, wait, now. Wait. Commissioner Plummer: Absolutely. Commissioner Dawkins: Wait a minute. Wait a minute. How many times do I sit up here, and you say I had to go out and get an emergency so and so, because this had to be done? Mr. Odin: But then I get chewed out. Commissioner Dawkins: Yeah, well, I'm going to chew you out now, because you didn't do it for this when you were doing all your emergencies. Mr. Odio: Well, we put the roof on an emergency basis, and we fixed the air conditioning on an emergency basis. Commissioner Dawkins: All right. I make a motion - because J.L. is going to second it - that whatever... that whomever, Mr. Manager, Mr. Wally Lee, or whomever, go out, take some people, get some bids, and at the next Commission meeting, come back with some bids that we can approve. Mr. Odio: I can do that. Commissioner Dawkins: Come back with some bid, and let's start to work on that building. And then when we bring it up to code, then you can talk about a reversible or whatever we want to serve. Mr. Odio: Fine. I have no problem with that. Commissioner Dawkins: OK. Is that all right. Vice Mayor Gort: OK. There's a motion. Is there a second? Commissioner Plummer: Fine. Commissioner Carollo: It's a second. Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state so by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: Unanimous. 174 June 27,1996 V17v�1 i �xz The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION N0. 96-492 A MOTION DIRECTING THE CITY MANAGER TO OBTAIN BIDS FOR THE CONSTRUCTION REPAIRS NEEDED ON THE BELAFONTE-TACOLCY CENTER BUILDING AND TO RETURN TO THE NEXT COMMISSION MEETING WITH THE BID AWARD; FURTHER STIPULATING THAT ONCE THE BUILDING REPAIRS HAVE BEEN COMPLETED, THEN THE ADMINISTRATION MAY ADDRESS THE ISSUE OF A REVOCABLE LICENSE. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Commissioner Dawkins: Thank you, sir. Mr. Judson: Thank you. Commissioner Dawkins: And thank you. OK. I'm finished, Mr. Manager. Vice Mayor Gort: That's it? Commissioner Dawkins: Yes, sir. 175 June 27,1996 Vice Mayor Gort: Commissioner Plummer. NOTE FOR THE RECORD: At this point, Commissioner Plummer read the proposed reso ut on into the public record. i Commissioner Plummer: I so move. Commissioner Carollo: Second. Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-493 A RESOLUTION RELATED TO THE CITY OF MIAMI'S CENTENNIAL CELEBRATION, TO BE CONDUCTED BY MIAMI CENTENNIAL '96, INC. FROM JULY 27TH-28TH, 1996, AT BISCAYNE BOULEVARD AND THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK, MIAMI, FLORIDA; WAIVING ALL WAIVABLE USER FEES AS PERMITTED BY THE CODE OF THE CITY OF i MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE PROVISION OF IN -KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES ADMINISTRATION/SOLID WASTE, PARKS AND RECREATION AND PUBLIC WORKS; SAID WAIVER(S) CONDITIONED UPON ! THE ORGANIZERS COMPLYING WITH ALL CONDITIONS AND LIMITATIONS i AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) e -1 Commissioner Dawkins: Second. Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Being none, all in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. 177 June 27, 1996 y� 4 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-494 A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO WAIVE THE RENTAL FEE AT BICENTENNIAL PARK AND THE FEC PROPERTY FOR USE BY TWENTIETH CENTURY FOX (TCF) FOR SET CONSTRUCTION RELATED TO THE FILMING OF SPEED II, FOR THE PERIOD OF JUNE 27, 1996 THROUGH SEPTEMBER 30, 1996; SAID WAIVER CONDITIONED UPON TCF PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID FILMING, AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. i ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 50. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR DEVELOPMENTALLY DISABLED - 1996-97" -- APPROPRIATE FUNDS ($408,407) -- GRANT FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND i REHABILITATIVE SERVICES. ---------------------------------------------------- ----------------------------------------------------- Commissioner Plummer: Mr. Vice Mayor, I have two from the City Manager. If you... from the disabled program. If you want me to proceed with them, I will be happy to. Vice Mayor Gort: Go ahead. Those will be my two. NOTE FOR THE RECORD: At this point, Commissioner Plummer reads a proposea emergency ordinance into the public record. Commissioner Dawkins: Second and under discussion. Commissioner Plummer: Go ahead. 178 June 27, 1996 e411) Commissioner Dawkins: It says that thirty-four thousand ($34,000) from the general fund is local match. Commissioner Plummer: Yes, sir. Commissioner Dawkins: Then it says a hundred thousand dollars ($100,000) in carryover fund balance from special revenue for '96. Why do we have a hundred thousand dollars that we didn't spend on the developmentally disabled? Mr. Alberto Ruder (Director, Parks Department): Those are funds from the federal grant that we couldn't spend because the year ran out, and they're still carrying it over and letting us spend it in the other years. It's all federal money. Commissioner Dawkins: So if you couldn't spend a hundred thousand dollars ($100,000), whatever we had, how are you going to spend four hundred and eight... four hundred and eight thousand ($408,000)? Mr. Ruder: Well, because now, we have... We had the program... We're going to start it on t time. We just found out last week that we're getting this grant again, and now, we're going to have the full year to work with it. So we're, you know, we're definitely going to... Commissioner Dawkins: How many people are you hiring, Mr. Manager? Mr. Ruder: We're not hiring any. We're just... That covers the existing... Mr. Odio: Nothing, no. Commissioner Dawkins: But see, well, how can you gear up to do a program that you didn't do. Mr. Ruder: That covers the existing staff. Commissioner Dawkins:... and you aren't going to put on more people? Mr. Ruder: Well, that covers the existing staff that we have. That pays for their salaries. We have an existing staff in this program. You know, that helps cover their salaries. Commissioner Dawkins: But they didn't do what they were supposed to do. You didn't spend a hundred thousand dollars ($100,000). Mr. Ruder: Well, I know, but the hundred thousand ($100,000) is still available. They're still allowing us to use it. If we need to spend... If we need to hire any, we'll hire them from this grant. Commissioner Dawkins: No. OK. I will sit with you and you can explain to me... Mr. Ruder: OK. Commissioner Dawkins: ... how... OK. How much did we have in the fund last year, Mr.... - Just off the top of your head. Don't be... just... 179 June 27, 1996 L Mr. Ruder: We had roughly the same amount of money. Commissioner Dawkins: OK. And we didn't spend a hundred thousand dollars ($100,000). Mr. Ruder: Well, this goes back... This is a carryover from several years, and there's different reasons. I don't have them all here. I'll be happy to sit down with you and go through them. Commissioner Dawkins: Now, the federal government wouldn't let us carry over a hundred thousand dollars year after year after year after year. Mr. Ruder: No. It's a cumulative amount that has carried over. Commissioner Plummer: It's a cumulative. Commissioner Dawkins: OK. Mr. Ruder: And they're allowed... Commissioner Dawkins: Well, you and I will sit down. We'll sit down and come up with... Mr. Ruder: OK. OK. Commissioner Plummer: You want to defer this? Commissioner Dawkins: I have no further questions. I Commissioner Plummer: You want to defer it or pass it? Commissioner Dawkins: No, no. Pass it. Pass it. Commissioner Plummer: All right. Commissioner Carollo: OK. r Commissioner Plummer. Call the roll. Vice Mayor Gort: OK. All in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. Commissioner Plummer: I should have done this one first, I guess. Mr. Alberto Ruder (Director, Asset Management): It doesn't matter. Commissioner Plummer: A resolution authorizing the City Manager to accept a grant... Mr. Jones: It's two readings... two roll calls. Mr. Walter Foeman (City Clerk): It's an emergency. Commissioner Plummer: Oh, I'm sorry. Ff:N June 27, 1996 An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED - 1996-97" AND APPROPRIATING FUNDS AT AN ESTIMATED AMOUNT O.F. $408,407 TO SAID FUND CONSISTING OF AN ESTIMATED $274,140 GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AN ESTIMATED $34,267 AS A CONTRIBUTION FORM THE GENERAL FUND FOR THE REQUIRED LOCAL MATCH, AND $100,000 IN CARRY-OVER FUND BALANCE FROM THE SPECIAL REVENUE FUND ENTITLED "RECREATION PROGRAMS FOR THE DEVELOPMENTALLY DISABLED FY '96"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11378. 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. 181 June 27, 1996 .. .. .. ... . .. . .. . .. ......... ... .. .. ... . . . . 51. ACCEPT GRANT FOR $274,140 -- FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES -- FOR PROGRAMS FOR THE DEVELOPMENTALLY DISABLED --FOR ONE YEAR. NOTE FOR THE RECORD: At this point, Commissioner Plummer reads a proposed reso ution Into the public record. Commissioner Plummer: I so move. Commissioner Dawkins: Second. A. Quinn Jones, III, Esq. (City Attorney): Can I have those? Vice Mayor Gort: It's been moved and seconded. Mr. Jones: Mr. Plummer, I don't have copies of those. Vice Mayor Gort: Do you need... is that a resolution? Mr. Jones: Just those two. Mr. Cesar Odio (City Manager): Sir, I have two... Commissioner Dawkins: Go ahead. Mr. Odio: I have two... Commissioner Dawkins: Two? You got two? J.L. Plummer just gave two for you. Commissioner Carollo: Wait a minute. for you. Now, you got two more? Mr. Odio: No, no, no. Commissioner Plummer: I got no more. You gave Plummer two. You gave Plummer two to do } Mr. Odio: This is very important, because... Commissioner Plummer: Just those two. Vice Mayor Gort: Wait a minute. Let me get... All in favor, state so by saying "aye." The Commission Collectively: Aye. Vice Mayor Gort: Unanimous. 182 June 27,1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-495 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, FOR AN ESTIMATED AMOUNT OF $274,140, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED DURING THE PERIOD OF JULY 1, 1996 THROUGH JUNE 30, 1997; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: NAYS: ABSENT: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort None. None. ---------------------------------------------------------------------------------------------------------------- 52. DISCUSSION -- MANAGER INFORMS COMMISSIONER THAT MEETING TO DISCUSS PARROT JUNGLE BOTANICAL GARDENS IN WATSON ISLAND WITH THE STATE OF FLORIDA CABINET IS SCHEDULED FOR JULY 23, 1996. Mr. Cesar Odio (City Manager): We are accepting a grant from the U.S. Post Office to send Mariano Cruz to Maryland but... No, that's only a joke. The Parrot Jungle, I am told that unless we come up with a conclusion on this, we can... Commissioner Carollo: Hold on, hold on, hold on. Let me tell you what the conclusion has been. I got in touch with some mutual friends of the Governor and myself that were travelling with the Governor in Italy. And they spoke - who happened to have been in Italy in the trip with them - with the chief bureaucrat staff person responsible for getting this on the agenda before the Cabinet. While their position, staff's position is still going to be the 15 percent, they will put it in the next meeting before the Cabinet. So... Mr. Odio: That's July 23rd. Commissioner Plummer: Well, wait a minute now, because the information, Joe, that I have is not that. Where is Mr. Luft? Commissioner Dawkins: Fifteen percent of nothing. 183 June 27, 1996 i 1 Commissioner Carollo: Maybe they haven't communicated with Tallahassee from Italy, but this is what... Commissioner Plummer: Well, he told me today... He told me today that if... Commissioner Carollo: "He." Commissioner Plummer: "He," Jack Luft. Mr. Odio: He doesn't know. Commissioner Carollo: He. But we spoke to "she." Commissioner Plummer: What? Commissioner Carollo: The lady in charge of that office in Tallahassee. 1 i Mr. Odio: Well... Commissioner Plummer: OK. I mean, you know, Mr. Luft... Commissioner Carollo: And she said that she would... Commissioner Plummer: Excuse me. Mr. Luft has a responsibility. If he has information different than what he told me, especially where I was the lead, he has a responsibility to come back to me and tell me that there's now new information. Mr. Odio: He didn't know this. Commissioner Carollo: He did not know this. Ms. Christina Cuervo (Assistant City Manager): He didn't know. I Mr. Odio: I didn't know this. Commissioner Carollo: I just found out about it late yesterday. Commissioner Plummer: OK. Mr. Odio: How could... He didn't know this. Commissioner Plummer: All right. I'm just... All I'm saying is, the information I had, that if they didn't get an agreement of 15 percent, it was going to not go up, even to the extent this summer - this summer. So if you have different information... Commissioner Carollo: Well, what we have to make is our united game plan so that we could be able to lobby the cabinet members on this. Commissioner Plummer: Hey, if you can save money for the City, fine. But... 184 June 27, 1996 s st Mr. Odio: Twenty-third. Commissioner Plummer: That's the next meeting of the Cabinet. Mr. Odio: OK. Commissioner Plummer: OK? i 53. MANAGER INFORMS COMMISSION ABOUT JUNE 28 BREAKFAST OF MAYORS WITH DADE COUNTY -- TOPIC: SHARING THE WEALTH. ---------------------------------------------------------------------------------------------------------------- +, Mr. Cesar Odio (City Manager): Now, the last one is... and this is important for me. We have been getting a lot of calls. There's an ordinance proposed by Betty Ferguson. I talked to Commissioner Dawkins yesterday. There's a meeting of six mayors tomorrow which I don't plan to attend, but I wanted you... I guess I need your position on this. This is called Sharing the Wealth. It's very complex, but the bottom line is that they... What they are saying on this ordinance, that you take away from certain communities and give it to other communities. They are... Commissioner Dawkins: OK. Let me make myself clear, Mr. Manager. Mr. Odio: ... recipients and contributors. Commissioner Dawkins: I do not want the County to look at me as a welfare City. Anything the County has, let them keep it, and I will get whatever I can get for my tax dollar, my tax base, and we will spend it accordingly because if, in my opinion, if we go for this, they will take something else from some place else and juggle it around. Now, that's just my opinion. Commissioner Carollo: Can we have Vice Mayor Gort go to that meeting... Mr. Odio: Yes. ;l Commissioner Carollo: ... as representation of this Commission? Mr. Odio: There is a breakfast tomorrow morning but... Vice Mayor Gort: Tomorrow morning I will be flying to L.A. I've got to represent the City of Miami in L.A. for that convention I want to bring next year. Commissioner Carollo: Then I would make a motion that we nominate Commissioner Plummer to represent the City. Commissioner Plummer: What time is it? Mr. Odio: Eight -thirty. Eight -thirty. Mayte has the... Jorge, Jorge De Cardenas would know. Commissioner Dawkins: J.L. isn't up that time of morning. Commissioner Plummer: No, no. 185 June 27, 1996 Mr. Odio: We can get you the information. Commissioner Plummer: I'm up much before then. Mr. Odio: The... Vice Mayor Gort: My understanding, and I went to the first meeting, most of the cities were in opposition of this ordinance. I went to the first meeting they had and most of the cities were in opposition. Commissioner Plummer: Yeah, all but the recipients. Mr. Odio: Well, no, the recipient... I tell you, it is a mistake to accept any... to take anything from one City to give to the others. And also, there is something behind that, which is called secession, that whoever is promoting that, the bottom line is, they are setting us up so that areas of the City can say... Commissioner Plummer: Well, Mr. Vice Mayor, if I may. Mr. Odio: ... "Now we can leave." Commissioner Plummer: Mr. Vice Mayor, if I may. I would suggest... Mr. Odio: He knows what I'm talking about. Commissioner Plummer: ... that we send the City Manager to express the opinion that was so done here this evening. If I can get by, I'll get by. But we... Commissioner Dawkins. No, no, no. If we're going to send the Manager, we will send the Manager and you stay home. Commissioner Plummer: OK. That's fine. ---------------------------------------------------------------------------------------------------------------- 54. CITY ATTORNEY INFORMS COMMISSION OF DENIAL FROM U.S. CIRCUIT COURT OF APPEALS ON REHEARING OF HERMAN SKINNER CASE. ---------------------------------------------------------------------------------------------------------------- A. Quinn Jones, III, Esq. (City Attorney): Before you adjourn, one quick thing. I just wanted to inform you that we got a decision from the U.S. Court of Appeals for the Eleventh Circuit that I they... denying rehearing on the Herman Skinner case. That was the one with the genitalia on I the head, that the jury came back with a one point three million ($1.3 million). So we've effectively saved one point three and approximately three hundred million dollars ($300,000,000) in attorney's fees and... Commissioner Carollo: Congratulations, Quinn. Mr. Jones: three hundred and thirty thousand dollars ($330,000). So I just wanted to let you know that. 10 June 27,1996 f Vice Mayor Gort: Great. Thank you. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:47 P.M. Wifredo Gort Vice Mayor i:A June 27, 1996