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Home My WebLink AboutCC 1996-10-24 MinutesL� OF MEETING HELD OBI OCTOBER 24. 1996 PLANNING AND ZONING PREPARED By THE OFFICE OF THE CITY CLERK CITY HALL WALTER J. FOEMAN CITY CLERK INDEX MINUTES OF REGULAR MEETING October 24, 1996 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATION(S)/PROCLAMATIONS. DISCUSSION 1 f 10/24/96 2. (A) DISCUSS SERVICE LEVELS / CITIZEN M 96-771 2-32 COMPLAINTS REGARDING GENERAL R 96-772 SERVICES ADMINISTRATION (GSA) / SOLID R 96-773 WASTE, PUBLIC WORKS, AND BUILDING R 96-774 AND ZONING DEPARTMENTS M 96-775 R 96-776 (B) INSTRUCT GSA/SW, PUBLIC WORKS 10/24/96 BUILDING AND ZONING ADMINISTRATORS TO SUBMIT REPORT WITHIN 30 DAYS TO CITY COMMISSION WITH RECOMMENDATIONS IMPROVING RESPONSE TIME, ACCOUNTABILITY AND EFFICIENCY IN THOSE DEPARTMENTS. MAYOR CAROLLO INFORMS MAYOR 9C) OF EXTENDING MERRET-r STIERHEIM'S TERM AS TEMPORARY CITY MANAGER TO 11 /15/96. (D) AUTHORIZE/DIRECT CITY MANAGER TO EXECUTE CONTRACT BETWEEN STATE OF FLORIDA, OFFICE OF GOVERNOR AND CITY I FOR ADVANCEMENT OF FUNDS ($22.6 I MILLION). (E) AUTHORIZE/DIRECT CITY MANAGER TO ISSUE RFP TO SEEK AND NEGOTIATE WITH CONSULTING FIRM TO DEVELOP, AND IF APPROVED, IMPLEMENT SPECIAL ASSESSMENT PROGRAM -- FOR FUNDING FIRE SERVICES WITHIN CITY -- FURTHER, STIPULATE THAT MANAGER WILL SUBMIT COPY OF CONTRACT TO COMMISSION BEFORE EXECUTION OF SAME. i 1 { } �i 3. RAUTHORIZE/DIRECT CITY MANAGER TO GAGE FOR FACT FINDING PHASE LAW FIRM OF THOMAS TEW & BEASLEY -- TO DETERMINE ANY LIABILITY ON PART OF DELOITTE & TOUCHE (CITY'S FORMER EXTERNAL AUDITORS) AND OTHERS STIPULATE $25,000 FEE FOR FACT FINDING PHASE. (G) AUTHORIZE/DIRECT CITY MANAGER TO PROCEED TO NEGOTIATE WITH UNIONS FURTHER DIRECT MANAGER TO ADVISE COMMISSIONERS OF STATUS OF NEGOTIATIONS AUTHORIZE/DIRECT CITY MANAGER TO REQUEST METRO-DADE COUNTY TO EXTEND AN AMOUNT NOT TO EXCEED $10 MILLION TO CITY AS TEMPORARY NON - INTEREST HEARING LOAN IN LIEU OF TAX ANTICIPATION NOTES (TANS) -- FURTHER, MANAGER WILL SUMMARIZE AND SUBMIT IN WRITING TO COMMISSION ALL ADVANCE FUNDING ACTIONS SECURED TO COVER CITY'S CASH SHORTFALL. APPOINT FROM THE PUBLIC TO SELECTION M 96-777 32-37 REVIEW COMMITTEE FOR DEVELOPMENT 10/24/96 OF DINNER KEY BOATYARD: 1) LOLLY ANDERS ON -VI ETH; 2) CAPT. JAMES COURBIER; 3) JAMES FLANIGAN; 4) CAPT. BOB LEWIS; 5) ROBERT MASRIEH; 6) JOYCE NELSON -- SEE LABEL 34. INCLUDE LAURA DE ONA IN SLATE OF M 96-778 38-40 NAMES PREPARED BY PERFORMING ARTS 10/24/96 CENTER TRUST (PACT). APPOINT ORLANDO GOMEZ TO BUILDING M 96-779 40-41 AND ZONING COMMITTEE -- FURTHER, 10/24/96 STIPULATING OTHER NAMES TO BE SUBMITTED TO CITY CLERK IN WRITING TO BE RATIFIED AT NEXT COMMISSION MEETING. REQUEST BY MAYOR CAROLLO TO DISCUSSION 42-49 ASSESS FUTURE USE OF CITY -OWNED 10/24/96 FACILITY AT 141 N.W. 27 AVENUE (FIRE STATION 14) -- DIRECT CITY ATTORNEY TO RESPOND IN WRITING AND EVALUATE LEGAL ISSUES CONCERNING CUBAN MEDICAL ASSOCIATION IN EXILE PROPOSAL FOR USE OF FIRE STATION 14. (B) DIRECT CITY ATTORNEY BY MAYOR CAROLLO TO MEET WITH COMMISSIONER REGALADO REGARDING CUBAN MUSEUM PROPOSAL FOR USE OF FIRE STATION 14 DISCUSSION. ACCEPT $12,000 SETTLEMENT IN R 96-780 49-50 EXCHANGE FOR RELEASE OF WYNWOOD 10/24/96 FOREIGN TRADE ZONE LIEN CERTIFICATE FOR PROPERTY AT 333 N.W. 22 LANE. Eli 10/24/96 8. DISCUSS/DEFER AGENDA ITEM 5 TO DISCUSSION 51 AFTERNOON SESSION (AUTHORIZE RFP 10/24/96 FOR 6.6 ACRES AND 21.4 ACRES TO DEVELOP PROPERTIES AT 3501 & 3301 RICKENBACKER CAUSEWAY) -- SEE LABEL 12. 9. PERSONAL APPEARANCE: NELSON E. DISCUSSION 52-58 WIDELL OF BEDMINSTER BIOCONVERSION 10/24/96 CORP. & ROGER E. TUTTLE OF COMPOST AMERICA HOLDING COMPANY -- FOR PURPOSES OF DISCUSSING TERM OF AGREEMENT WITH BEDMINSTER -- DEFER TO AFTERNOON SESSION -- SEE LABEL 14, 10. AUTHORIZE BAYFRONT PARK R 96-781 58-59 MANAGEMENT TRUST TO CHARGE $5,000 10/24/96 RENTAL FEE TO TWENTITH CENTURY FOX FOR FILMING OF SPEED II. 11. PROCLAMATION: MICHEL LUBIN DAY -- FOR DISCUSSION 59-60 ENHANCEMENT OF MIAMI'S ECONOMY 10/24/96 12. (CONTINUED) -- DISCUSS DEVELOPMENT DISCUSSION 61-71 OF PLANS FOR REQUEST FOR 10/24/96 PROPOSALS -- FOR UNIFIED DEVELOPMENT PROJECT -- FOR BOATYARD FACILITY AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL / FOOD SERVICE / RECREATIONAL USES FOR APPROXIMATELY 6.6 ACRES AT 3501 RICKENBACKER CAUSEWAY AND FUTURE OPTION OF 21.448 ACRES AT 3301 RICKENBACKER -- FURTHER, INCLUDE REVIEW OF MIAMI ROWING CLUB CONTRACT -- ASCERTAIN CITY'S RIGHT TO TAKE PROPERTY BACK -- PURSUE DEED RESTRICTION INITIATIVE -- SEE LABEL 8. 13. PRESENTATION TO CITY COMMISSION OF TEAM FREEDOM BOXERS BY FORMER MAYORS DAVID T. KENNEDY AND JULIO MARTI N EZ. 14. (CONTINUED) -- APPROVE INSTRUCTING ADMINISTRATION AND CITY ATTORNEY TO SEND LETTER OF DEFAULT TO BEDMINSTER BIOCONVERSION CORPORATION -- NOTIFY SAID COMPANY THAT IF $1 MILLION PAYMENT STIPULATED UNDER CONTRACT IS NOT PAID BY 11130/96, CONTRACT WITH CITY TERMINATES -- SEE LABEL 9. li 15. DECLARE EXEMPTION FROM PROHIBITIONS M 96-783 99-109 OF CODE CHAPTER 36-4(A) -- APPROVE 10/24/96 REQUESTED TO PLACE BASED ON PATIO OF TAURUS RESTAURANT, AT 3540 MAIN HIGHWAY, FOR 10/31/96 (HALLOWEEN); 12/29/96 (MANGO STRUTT); 4/19/97 (TASTE OF GROVE); 2/16/97 (ARTS FESTIVAL) - FURTHER STIPULATE - NO TRUMPETS IN THE BAND; TAURUS IS TO BARRICADE PARKING AND MUST HAVE ADEQUATE INSURANCE. 16. APPROVE REQUEST BY CENTRAL R 96-784 SHOPPING PLAZA MERCHANTS 10/24/96 ASSOCIATION -- FOR PERMISSION TO HOST AMUSEMENT RIDES FROM 10/25/96 TO 11/3/96 -- FURTHER, WAIVE NOISE ORDINANCE ON 10/25 AND 10/26 UNTIL 1:00 A.M. 17. APPOINT FRANK BALZEBRE, JR.; ELENA M 96-785 CARPENTER; LEE P. MARKS TO COCONUT 10/24/96 GROVE PARKING ADVISORY COMMITTEE. 18. EMERGENCY ORDINANCE: AMEND 11339, ("GANG REDUCATION ACTIVITIES AND SPORTS PROGRAM" SPECIAL REVENUE FUND) -- ACCEPT $178,136 FROM MET RO- DADE COUNTY -- AUTHORIZE $59,379 (25%) MATCH BY CITY FROM POLICE GENERAL OPERATING BUDGET FOR TOTAL OF $237,515. 19. DISCUSS / CONTINUE TO OCTOBER 30, 1996 SPECIAL MEETING, AT 9:00 A.M., CONSIDERATION OF AGENDA ITEM 15A [ACCEPTING PROPOSALS FOR TOWING AND WRECKER SERVICES]. 20. APPROVE/RECONSIDER/AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH DOWNTOWN MANAGEMENT CORPORATION -- FOR CITY'S LEASE OF BUILDING AT 158 N.E. 8 STREET -- FOR USE BY OFFICE OF HOMELESS PROGRAMS -- ALLOCATE FUNDS FROM U.S. HOUSING & URBAN DEVELOPMENT, MODEL CITY INITIATIVES GRANT. 21. APPROVE REQUEST TO MODIFY DECLARATION OF RESTRICTIVE COVENANTS -- ELIMINATE REQUIREMENT FOR CONCRETE BLOCK WALL TO THE WEST TO SEPARATE RADIO MAMBI FROM LATIN AMERICA CAFETERIA'S OFFICE/STORAGE FACILITY -- APPLICANT: MA111 /NAAr)=i =[KICf�-AI lklMn ORDINANCE 11409 10/24/96 DISCUSSION 10/24/96 R 96-786 M 96-787 R 96-788 10/24/96 R 96-789 10/24/96 109-112 112-116 116-118 118-130 130-135 135-137 ill e"N, 22. GRANT APPEAL OF ZONING BOARD'S R 96-790 137-144 DECISION OF 9/9/96 WHICH GRANTED 10/24/96 VARIANCE OF V-0" FOR ADDITION TO SINGLE FAMILY RESIDENCE AT 2205 S.W. 28 STREET -- APPLICANT: GUSTAVO SIDELNICK. 23. DISCUSS / CONTINUE CONSIDERATION OF M 96-791 144-163 PZ8 (PROPOSED SPECIAL EXCEPTION TO 10/24/96 PERMIT HEALTH CLINIC AT 1900 BRICKELL) -- FURTHER, INSTRUCT ADMINISTRATION TO MEET WITH HOMEOWNERS' ASSOCIATION FOR RESOLUTION OF CONCERNS. 24. GRANT 18 MONTH EXTENSION TO FLORIDA R 96-792 163-165 HOUSING CORPORATION TO COMMENCE 10/24/96 CONSTRUCTION FOR THE PROPERTY LOCATED AT 1025 WEST FLAGLER. 25. FIRST READING ORDINANCE: AMEND 10544 FIRST 165-193 FROM SINGLE-FAMILY RESIDENTIAL TO READING RESTRICTED COMMERCIAL -- CHANGE ORDINANCE FUTURE LAND USE DESIGNATION AT 3240 10/24/96 FLORIDA AVENUE TO RESTRICTED COMMERCIAL, WITH CONDITIONS AND COVENANT -- APPLICANT: T .G. SHERMAN, ESQUIRE FOR FARMER'S MARKET. 26. FIRST READING ORDINANCE: AMEND 11000 FIRST 193-196 FROM R-1 SINGLE-FAMILY RESIDENTIAL TO READING SD-2 COCONUT GROVE CENTRAL ORDINANCE COMMERCIAL DISTRICT (A[PZ 16] 10/24/96 DISCUSS/CONTINUE TO 10/30/96 AT 2:00 P.M., CONSIDERATION OF PZ 16 (AMEND ARTICLE 6, SECTION 602 OF ORDINANCE 11000, TO RESTRUCTURE PARKING REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT) -- OAK SHADOW PLAT ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT BEGS.). 27. RESCIND 94-453 -- SUBSTITUTE 96-793 R 96-793 196-211 APPROVING OAK SHADOW PLAT, AS 10/24/96 MODIFIED. 28. DENY REQUEST FOR SPECIAL EXCEPTION M 96-794 212-220 FOR FINANCIAL DRIVE THROUGH AT 2200 10/24/96 SOUTH DIXIE HIGHWAY -- APPLICANT: TRI- W INVESTMENT OF DADE BANK ATLANTIC, J. P. O'NEILL 29. DENY REQUEST FOR SPECIAL M 96-795 220-221 EXCEPTION -- FOR FINANCIAL DRIVE 10/24/96 THROUGH WITH REDUCTION OF RESERVOIR SPACES AT 2200 SOUTH DIXIE HIGHWAY -- APPLICANT: TRI-W INVESTMENT OF DADE; BANK ATLANTIC. 30. COMMENTS FROM ERNEST WONG FIRST 221-228 REGARDING FORMER COMMISSIONER READING MILLER DAWKINS. ORDINANCE 10/24/96 31. FIRST READING ORDINANCE: AMEND FIRST 228-229 ORDINANCE 11000, FROM C-1 RESTRICTED READING COMMERCIAL TO C-2 LIBERAL ORDINANCE COMMERCIAL -- CHANGE ZONING ATLAS -- 10/24/96 LOCATION: 301 TO 583 AND 300 TO 598 N.W. 54 STREET -- APPLICANT: COMMUNITY PLANNING AND REVITALIZATION. 32. AT THIS POINT OF THE MEETING, ITEMS PZ DISCUSSION 229-231 16, PZ 17, PZ 18 (PARKING REGULATIONS 10/24/96 FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT) WERE CONTINUED TO 10/30/96, SPECIAL MEETING, AT 2:00 P.M. 33. ADOPT REPORT: SUFFICIENCY ISSUES R 96-796 232-233 WITH RESPONSES BY CITY -- INCLUDING 10/24/96 REVISIONS IN RESPONSE TO COMMUNITY AFFAIRS LETTER OF 9/13/93, AS SUPPLEMENT TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 REPORT." 34. SELECTION REVIEW COMMITTEE R 96-797 233-235 APPOINTMENTS -- DINNER KEY BOATYARD 10/24/96 35. APPOINT MEMBERS (NAMES TO BE R 96-798 235-237 SUBMITTED AT LATER DATE TO CITY 10/24/96 CLERK) TO HOPWARFP REVIEW COMMITTEE -- FOR AFFORDABLE RENTAL HOUSING UNITS. 36. AUTHORIZE $59,182 INCREASE TO R 96-799 237-238 VENECON, INC., CONTRACT FROM $252,031 10/24/96 s TO $311,213 -- FOR CIP OVERTOWN SHOPPING CENTER RENOVATIONS -- ALLOCATE FUNDS: NOT TO EXCEED - $18,000 FROM CDBG FUNDS/AND $41,182 FROM CIP 322059. 37. REDUCE FUNDING ALLOCATION FOR R 96-800 238-239 DOMINO PARK BY 15 PERCENT. 10/24/96 38. REDUCE FUNDING ALLOCATION FOR R 96-801 239-240 BELAFONTE TACOLCY BY 15 PERCENT. 10/24/96 39. AUTHORIZE REQUEST FROM METRO-DADE R 96-802 1 240-241 COUNTY TO APPROVE TRANSFER OF 10/24/96 C CONVENTION DEVELOPMENT TAX FUNDS THROUGH MIAMI SPORTS/EXHIBITION` AUTHORITY TO CITY PURSUANT TO F.S. 212.0305 TO BENEFIT CITY FACILITIES: ORANGE BOWLJJAMES L. KNIGHT. INTERNATIONAL CENTER/COCONUT F GROVE CONVENTION CENTER/BOBBY MADURO MIAMI BASEBALL STADIUM/ MARINE STADIUM. 40. APPOINT SERGIO ROK TO DOWNTOWN R 96-803 241-242 DEVELOPMENT AUTHORTY. 10/24/96. I 41. DISCUSS / CONTINUE TO SPECIAL MEETING DISCUSSION 243 OF OCTOBER 30, 1996 CONSIDERATION OF 10/24/96 AGENDA ITEM 12 (EMERGENCY ORDINANCE EXTENDING CABLE T.V. FRANCHISE AGREEMENT WITH MIAMI TELECOMMUNICATIONS, INC.). 42. DISCUSS BRIEFLY INCREASING MIAMI DISCUSSION 243-244 SPORTS / EXHIBITION AUTHORITY BUDGET 10/24/96 BEYOND $150,000 -- SEE LABEL 44. 43. APPROVE ECONOMIC DEVELOPMENT R 96-804 244-245 INITIATIVE GRANT REQUEST TO U.S. HUD 10/24/96 (DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT) FROM DADE EMPLOYMENT AND ECONOMIC DEVELOPMENT CORPORATION (DEEDCO) -- FOR $450,000 WITH PROVISO THAT DEEDCO OBTAIN SUPPORT / APPROVAL FROM METRO FOR SEC. 108 LOAN GUARANTEE. 44. (CONTINUED) MAYOR CAROLLO DISCUSSION 245-246 INSTRUCTS WARREN BUTLER TO BRING 10/24/96 MIAMI SPORTS / EXHIBITION AUTHORITY BUDGET BEFORE COMMISSION -- SEE LABEL 42. r ri I MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 24th day of October, 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 9:17 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. ALSO PRESENT: Merrett R. Stierheim, City Manager ; A. Quinn Jones, 111. City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Monsignor Agustin Roman, after which Mayor Carollo led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Prior to the beginning of the meeting, Administration had withdrawn the following agenda items: 9, 15 and PZ-3. ---------------------------------------------------------------------------------------------------------------- E 1. PRESENTATION(S)/PROCLAMATIONS: A. SCROLL OF FRIENDSHIP PRESENTED TO MSGR. AGUSTIN ROMAN -- FOR F URTHERING INTERNATIONAL RELATIONS AND ADVANCEMENT OF PEACE. s B. JIMMY ELLISON DAY -- FOR COMMITMENT TO WELL-BEING OF YOUTH. C. POLICE OFFICER JORGE CASTELLO -- OUTSTANDING OFFICER OF MONTH (9/96). i f S[ i E e 1 October 24, 1996 �i W ---------------------------------------------------------------------------------------------------------------- 2. (A) DISCUSS SERVICE LEVELS / CITIZEN COMPLAINTS REGARDING GENERAL SERVICES ADMINISTRATION (GSA) / SOLID WASTE, PUBLIC WORKS, AND BUILDING AND ZONING DEPARTMENTS (B) INSTRUCT GSA/SW, PUBLIC WORKS, BUILDING AND ZONING ADMINISTRATORS TO SUBMIT REPORT WITHIN 30 DAYS TO CITY COMMISSION WITH RECOMMENDATIONS IMPROVING RESPONSE TIME, ACCOUNTABILITY AND EFFICIENCY IN THOSE DEPARTMENTS. (C) MAYOR CAROLLO INFORMS COMMISSION OF EXTENDING MERRETT STIERHEIM'S TERM AS TEMPORARY CITY MANAGER TO 1.1/15/96. (D) AUTHORIZE/DIRECT CITY MANAGER TO EXECUTE CONTRACT BETWEEN STATE OF FLORIDA, OFFICE OF GOVERNOR AND CITY FOR ADVANCEMENT OF FUNDS ($22.6 MILLION). (E) AUTHORIZE/DIRECT CITY MANAGER TO ISSUE RFP TO SEEK AND NEGOTIATE WITH CONSULTING FIRM TO DEVELOP, AND IF APPROVED, IMPLEMENT SPECIAL ASSESSMENT PROGRAM -- FOR FUNDING FIRE SERVICES WITHIN CITY -- FURTHER, STIPULATE THAT MANAGER WILL SUBMIT COPY OF CONTRACT TO COMMISSION BEFORE EXECUTION OF SAME. (F) AUTHORIZE/DIRECT CITY MANAGER TO ENGAGE FOR FACT FINDING PHASE LAW FIRM OF THOMAS TEW & BEASLEY -- TO DETERMINE ANY LIABILITY ON PART OF DELOITTE & TOUCHE (CITY'S FORMER EXTERNAL AUDITORS) AND OTHERS -- STIPULATE $25,000 FEE FOR FACT FINDING PHASE. (G) AUTHORIZE/DIRECT CITY MANAGER TO PROCEED TO NEGOTIATE WITH UNIONS -- FURTHER DIRECT MANAGER TO ADVISE COMMISSIONERS OF STATUS OF NEGOTIATIONS. (H) AUTHORIZE/DIRECT CITY MANAGER TO REQUEST METRO- DADE COUNTY TO EXTEND AN AMOUNT NOT TO EXCEED $10 MILLION TO CITY AS TEMPORARY NON -INTEREST HEARING LOAN IN LIEU OF TAX ANTICIPATION NOTES (TANS) -- FURTHER, MANAGER WILL SUMMARIZE AND SUBMIT IN WRITING TO COMMISSION ALL ADVANCE FUNDING ACTIONS SECURED TO COVER CITY'S CASH SHORTFALL. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Mr. Manager, I had asked you if you could make sure this morning to have some of the different department heads and Assistant City Managers in charge of different departments. I'd like to get up here, if I may, with your permission, three Assistant City Managers that are in charge of three of the key departments that provide services to the City. That's the Public Works Department, Solid Waste Department and the Department of Building and Zoning. Mr. Merrett R. Stierheim (City Manager): Yes, sir. They're present, Mr. Mayor. Mayor Carollo: OK. Can they come up here for a minute, please? Mr. Stierheim: Who did you want? Do you want Mr. Williams, Mr. Wally Lee? 2 October 24, 1996 A. Mayor Carollo: Well, I'd like all three of them. All three that are the Assistant City Managers in charge of those three departments, in whichever order they like. If each of them could come up and describe to this Commission, briefly, and as quickly as you can, first of all, the key assistants that you have in your department that are also responsible for the running of those departments on a... day to day, and in a brief summary, the services that you are in charge of making sure that are provided to the residents of Miami. Mr. Waldemar E. Lee (Assistant City Manager/Public Works): OK. Mr. Mayor and Commissioners, Wally Lee, Public Works Department. Briefly, our department handles all issues on the dedicated public rights -of -way, maintenance, permits, construction, etc. We also have a property maintenance division, and the parks maintenance. We have one Assistant Director in charge of parks maintenance and property maintenance, Alex Martinez. In Public Works, itself, we have one Deputy Director, Jim Kay, and one Assistant Director, John Jackson. Mayor Carollo: OK. Anything else that you're in charge of supervising, day to day? Mr. Lee: Yes, sir. Mayor Carollo: Anything else, Wally, that you're in charge of? Mr. Lee: No, sir. Those are the top, you know, people in the department. Mayor Carollo: OK. Fine, very good. Thank you. Carlos. Mr. Carlos F. Smith (Assistant City Manager): Carlos Smith, Assistant City Manager and Director of Building and Zoning. We basically review construction plans, issue permits and do the inspections to make sure that the construction has been done according to the South Florida Building Code and the plans, as approved. We also do inspections on Certificate of Use and on complaints. I have a Deputy Director and Building Official, Santiago Jorge -Ventura and Margarita Cordovi, who is Assistant Director in charge of the permitting and zoning areas. Those are the two. Mayor Carollo: OK. Ron, Mr. Ron E. Williams (Assistant City Manager): Ron Williams, Assistant City Manager for General Services Administration and Solida Waste. Within that organization, I have two Deputy Directors, Mr. Aristides Fernandez, who is responsible for General Services Administration at this point. That includes heavy equipment maintenance, communication services, graphic reproductions or printing -related activities, and mail services. I have Ms. Adrienne Macbeth supervising the solid waste collection and diversion programs. Reporting to her, I have one Assistant Director, Mr. Jose Rilo, who handles the day-to-day collection and operations type activities, and Mr. Henry Jackson, who handles the diversion programs, i.e. composting, recycling activities. Mayor Carollo: OK. Ron, for the record, I'm going to ask the others to come back. The key Assistant Directors that you have working for you, and beginning with yourself, can you basically give us the salaries that you make, that each of them makes? Mr. Williams: I would have... It would be a close estimate, Mr. Mayor. Mayor Carollo: That's fine. Mr. Williams: But I certainly would give that to you. Mr. Fernandez, in General Services Administration, probably makes close to ninety thousand dollars ($90,000). Ms. Macbeth would... Ms. Macbeth and Mr. Rilo make close in that range, also. 3 October 24, 1996 0 Mayor Carollo: Ninety thousand dollars ($90,000). Mr. Williams: Right. Mr. Jackson, Mr. Henry Jackson makes less. He would probably be in the... estimate sixtythousand dollar $60,000 range. I do have those records if we need to be ( ) definitely accurate. i Mayor Carollo: OK. And what is your salary? i Mr. Williams: My salary is one hundred and three thousand ($103,000), I believe it is. Mayor Carollo: OK. Mr. Lee, can you tell us what your salary is, and what the salaries of your other assistants are? Mr. Lee: Yes. Yes, sir, I can. I'll round it off. I'm not exactly sure of the exact figure for my assistants. I'm at ninety-eight thousand ($98,000), approximately, per year. Mayor Carollo: Excuse me? Mr. Lee: Ninety-eight thousand ($98,000). Mayor Carollo: Ninety-eight thousand is your salary? Mr. Lee: Yes, sir. Yes, sir. Mr. Kay is around that area, ninety-five ($95,000), ninety-six ($96,000). I'm not sure of the exact figure. Mr. John Jackson, Assistant Director, I believe he's around seventy thousand ($70,000), maybe a little under that. And Mr. Martinez, Assistant Director, is about seventy-eight ($78,000), seventy-seven ($77,000) somewhere in there, sir. Mayor Carollo: OK. Mr. Carlos Smith. Mr. Smith: My salary is around one hundred and six thousand ($106,000). Mr. Ventura, I believe he's in the lower nineties. Ms. Cordovi, I believe, is in the low eighties. Mayor Carollo: OK. Thank you very much. The reason I've asked you to state the salaries on the record, and that I wanted each of you to be here and explain briefly what your department is in charge of, and to give the names of the key people in your department is because I want the residents of Miami... Here, we might only have 100 people. But this Commission meeting will be played during several times over Net 9, and they are, you know, for the residents of Miami that watch it. And I want them to see which of the department directors that we have in these particular departments, together with the assistants that you have and what you make. Obviously, we, in the City of Miami need to provide salaries that are compatible to what other cities, governmental agencies provide, along with private enterprise, to be able to try to provide the best people that we possibly can. And I don't think that anybody could question the fact that the salaries that we are providing to some of our Assistant City Managers, department heads, are salaries that people cannot live on. Saying that, let me get right to the point of why I've asked each of you to be here today. The position of. Mayor of the City of Miami is not a position that, according to our Charter, is a Strong Mayor, an Executive Mayor. We have to go through a City Manager to get anything accomplished, basically, through any of your departments. That's what the Charter says we have to do. All that we up here could do, our respective offices, is to pass on to you the complaints of our residents and to ask questions. If I was a Strong Mayor, an Executive Mayor, I assure you, you wouldn't be here today. We would have handled that a long time ago in a different manner. I am to the point that... The frustration level of my staff is to a point that I can't see it going any further than that. It's on an every -day basis that we're getting complaints, constant complaints from each of your three departments; from residents; from 4 October 24, 1996 1 f j i employees, themselves, of services not being provided. I, myself, in your department, Mr. Lee, i in the past months, have had to call on several occasions just to get something simple done, like taking the graffiti off the names of Kenneth... Meyer Park over here, next to City Hall, and Kennedy Park to the other side of City Hall, on my right-hand side. It's taken, just for something as simple as that, several weeks, on Meyers Park. Kennedy Park, it was all forgotten. Several more weeks before Kennedy Park, the graffiti was taken off the City of Miami Park name and sign, and then all the other graffiti that was painted all through the other trees. It was like your department had nothing to do with it. They didn't see it. They didn't want to see it. 1- And I'm bringing this up because this is only a small, minute example of what I'm seeing that my staff is going through. We called, and called, on behalf of the residents of Miami that we're constantly getting complaints from, and it's like we're talking to the air. It seems that either nothing gets done, or it's weeks and weeks before things finally get done. In Solid Waste, the complaints that I'm getting, Ron, is one after another. And then when residents and citizens of our community, the ones that pay your salaries, the ones that elect us up here, expect to get answers, we can't give them to them. We can't tell them and give them specific days, like we should be able, when trash will finally be picked up in their neighborhoods. I'm seeing trash piled up, for instance, in Overtown, to levels that I have never seen before. There is not a single neighborhood within our City that I am not getting complaints from, complaint after complaint j after complaint. Building and Zoning, it's the same thing. Whether it's a small developer, a major developer or just a plain regular resident of the City that has to go there and go through the permitting process, presenting plans to be approved is a never- ending ordeal that they have to go through. Then, when they have to get inspections done, it's like it takes forever to get an inspector out there, and you never know when they are going to come. The complaints that I am receiving in this area, it's even more worse than some of the other areas. Because this is one key area of the City of Miami that we must have fine-tuned completely, so that we could bring in all the revenues that this City badly needs now, and needed in the past. And they're not going to come if we don't have a Building and Zoning Department that's going to be run like a modern American City. Mr. Smith: Could I respond? Mayor Carollo: Go ahead, sir. Mr. Smith: I think we have done a tremendous job in Building and Zoning in improving the services that we provide our residents. And I have statistics to show that back in May... in April, I think it was, the longest a plan has been in the processing area has been dropped for 71 days, which is over two months. And I believe the average time a plan has been there was close to 20 days. We have taken that down to the month of August, and we still don't have the number for September. And September is going to be a little bit higher than August. The longest any plan has been there was 31 days, and the average time was 11 days to get turnaround. The inspection services we... I'm not happy with the results of inspections, as far as the turnaround time. But we have significantly gone down from last year, an average of seven days to respond to a request for inspections to three point three days average now. That's not what I want, and I've indicated that to my staff. I have given them goals in the plans processing area of an average of ten days, and a maximum of 30 for plans, and in the inspection services, for a day and a half turnaround average. Mayor Carollo: Maybe you're trying. Maybe it's the best that you could do, Carlos. But I'm telling you, the residents of Miami, the taxpayers of Miami are telling me it's not good enough. Maybe on some major projects, we might need 30 days. If it's a big skyscraper that you have to go through a plan, yes, you require sufficient time to go through it. But there are many smaller projects that it's taking the 30 days, and they're minor projects that shouldn't take but more than just a handful of days. Inspections, you know well what's going on with inspections. Nobody could ever get a clear date when they are going to get an inspector out there, and sometimes they 5 October 24, 1996 1i wait days, and days, and days and weeks before they get an inspector. And that's just a couple of the many areas that we're getting complaints from. And no matter how much you tell me how much it's improved, how well it's being done, how much we all want to pat ourselves on the back, the bottom line is that the people that finally give the grade of passing or fail are the taxpayers of this City. And I tell you, you all are all getting grades of failing. Wally, you know, I don't even know why we have a Parks and Recreation Department, because every time that we have a problem in the parks, the Director of Parks and Recreation, Mr. Ruder says that all the responsibility has been taken away from him, and now you have it in your department. OK. Can you explain to me how that happened? Mr. Lee: Commissioner, again, we're responsible for the maintenance of the parks. Anything that is wrong and reported, we take care of it. That's the process. It goes to the park maintenance. If Mr. Ruder has a complaint, all he has to do is make a phone call, and we will help him out and try to remedy the situation. Mayor Carollo: Yeah, and my office calls your department... Mr. Lee: Right. And we... Mayor Carollo: ... and gives complaints from citizens, and what happens is, we wait, we wait, we wait. And it seems that nothing ever gets done, Wally. I go through the City of Miami and see the infrastructure of the City - sidewalks, many of our properties - and they're in the worst shape that I've ever seen them, where we're getting hit with suit after suit, that we can't defend. And we're just paying out money, because we can't defend them. Mr. Lee: Well, we have a problem with a lack of resources, Mr. Mayor, and you should understand that. I mean we have plans... Mayor Carollo: How long have you been in the City of Miami, Wally? Mr. Lee: Nine years, sir. Mayor Carollo: Nine years. And it's taken so long to really find out that we have a problem with a lack of resources. Mr. Lee: No. Mayor Carollo: Do you know why we have a lack of resources? Because there has been no initiative for nine years since you've been here, no initiative to go out and find new sources of revenue, to take the cutbacks that should have been made a long time ago. Some were recently done, and many others have not been made. That's why we have a lack of resource in the City. And not to mention other areas that are going to be even more embarrassing, if I get into it, and we don't have the time today. I have reached a level of seeing the frustration from the residents of Miami, from the taxpayers of Miami, from the employees of Miami to a level that it cannot go on like this anymore. The simple fact is that either each of your departments start producing 100 percent, or frankly, gentlemen, I might not be a Strong Mayor, but whoever becomes the next City Manager, my recommendations are going to be clear, to clean house right at the top, and that's the only way that we're going to be getting the bottom straightened out. So to put it in plain English, I expect that in the next 30 days, each of your departments are going to be run much more efficiently than they have in the past. I expect to get recommendations through the Manager from each of you as to what you're going to do to improve the service level to the residents of Miami, from each of your departments. And I expect that any time that a member of this Commission sends a complaint to you from a resident, or if the resident calls you with a complaint directly, that within 48 hours, you're going to have an answer as to what you are 6 October 24, 1996 going to be doing, if you hadn't corrected whatever the complaint was already, if it could be done within that time. We have to have a system in the City of Miami that we could log the complaints, and that we could have a timetable that we're going to take action when we're getting complaints from residents of our City. And the bulk of them, frankly, are very legit, very legit complaints. So, gentlemen, I can't make myself more clear than I am. You are all welcome to send whatever suggestions you feel are adequate, but I am not hiding or playing any games. I am putting it right on the line where I'm coming from. And if my colleagues want to back me up in this, or not back me up in this, it's up to them. But when a new Manager comes, I expect that the things that we are seeing right now being run in a nonprofessional manner, that they're going to be changed, so that we could come back into the foal with most modern American cities in running things the way they should be. Mr. Williams. Mr. Williams: Thank you, Mr. Mayor. I certainly am aware of the issues that you addressed, and let me be very specific, because in all due respect, you painted a rather wide brush there. We've had difficulties with the trash service. I've discussed it with your office. And quite frankly, I've discussed it with every Commission office here. We provide a very good service, Mr. Mayor, in the Solid Waste Department. I would not want the citizens, as you properly note, to have the impression that the entire Solid Waste function is improper, not professionally run, that I, myself, and some of those individuals that report to me are not doing a good job. I take issue with that. I think that's not correct. I think that we have an excellent garbage service twice a week. If there are complaints, they're minor, they get addressed. We provide a street I sweeping service, Mr. Mayor, that basically, nobody else in this community provides. We have, over the years, provided a good once -per -week trash service to every resident in this community, every week. We've discussed that. That's been difficult. We made some changes as of October 1, based on some contractual issues that, certainly, I had nothing to do with. And that has affected our ability to deliver that trash service. I would not want the citizens to have the impression, Mr. Mayor, that the entire Solid Waste responsibility is improper, that it's not doing a good job, that the employees are not hitting it hard every day, because they are. The difficulty that I have discussed with your office and others with regards to trash service, we're working on. We've already made proposals to the Manager. I think all of us are aware that in a cost savings measure we tried to... a different diversion technique that we might still have to stand with, based on our fiscal situation. But I just need to make very clear, from my perspective, that we provide a good service. Anything can be improved, Mr. Mayor. We'll continue to work toward doing that. I do not want those in the audience or the community to have the... just the impression that, that service is not a good one, and that it's not worked at diligently, and certainly, that we don't provide the best professional leadership, that, quite frankly, we think meets any challenge. And I thank you for the opportunity to respond to that. Mayor Carollo: That's fine, Mr. Williams. You certainly have that right, and I gave it to you to respond to the statements that I've made. I stand by the statements that I've made. The residents of Miami could hear all the excuses they want, but they know what's happening in their neighborhoods. They know when their trash is picked up on time and when it's not picked up on time. They know when the garbage is picked up on the day that it's supposed to and when it's not, or the recycling, or many of the illegal dumpings that are going around, that we can't catch most of them because they're going on after five p.m. And instead of putting some of our NET (Neighborhood Enhancement Teams) officers from Solid Waste and others to work after five p.m., like some of us do, you know, the minute that five o'clock hits, some people just are ready to go. Mr. Williams: Like a lot... Mayor Carollo: Now, you and every department have some very fine, outstanding employees. But there are also employees that are not carrying their weight. And this is why we are receiving the complaints that we are from some of the employees that are working very hard. 7 October 24, 1996 1i Mr. Williams: Correct, Mr. Mayor. Mayor Carollo: And the basic problem that I'm seeing in all three of your departments is that there is a complete breakdown in supervision. You all have people that are not supervised and some that are very... are supervised very little, people that nobody knows what they are doing each day or what is their responsibilities. And then sometimes, in some departments, if any of the other employees ask, "What is so-and-so doing?" then they get in trouble, because so-and-so, nobody wants to tell them what they are supposed to be doing, why they are not in an office? why they are somewhere else? And these are the kinds of things that the can't let happen anymore. This would not happen in private enterprise. And I will say something to you. I have been getting phone calls from numerous people in the private sector of solid waste, and the figures that I am Iistening to, that the City of Miami can save in solid waste, if we privatized, including the recycling, is between seven and ten million dollars ($7,000,000 and $10,000,000) a year. So I want to make sure you hear me loud and clear. I'm not hiding anything. I'm putting it in the open, that if things do not shape up in the Solid Waste Department the way that they should, this Commission is going to have to be faced to make very distinct decisions. Mr. Williams: Thank you, Mr. Mayor. I just want to be as clear as possible, and be as specific as possible on the issues that you addressed. You kind of did a full swipe there, and I just want the citizens to know specifically where the issues were. Mavor Carollo: That is correct. And we could go complaint by complaint, and be as specific as you like. I'll be happy to set up times and do that. In the meantime, I see someone that's here that is a taxpayer of Miami, and a major taxpayer. And I'd like him just to come up and give him a few minutes to say a few words. Mr. Harrington, if you don't mind, sir, can you explain to us just what problem your neighborhood has had? And, you know, this is only a minute problem, compared to some of the others that we're hearing. Mr. Neal Harrington: Yes, Your Honor. Mr. Williams, I spoke to you on Tuesday of this week. Mr. Williams: Absolutely. Yes, sir. Mr. Harrington: I live in Bay Point. I probably know the condition of the City of Miami and its financial crisis as good as any person in this room. I was born and raised in this town. I live in the City, and I think one of the things that I asked you was, if you cannot pick up the trash once a week, we're more than willing in Bay Point to do it every other week, every three weeks. But in Bay Point, we do not allow the residents to put trash on the street till the day before it's going to be picked up. Your answer to me was, I should call you every day to find out what day they're going to pick it up. And I told you it was an impossibility if we did that, for me to cats 250 residents and tell them to go out and put their trash out this afternoon. Is that correct? Mr. Williams: There is another version, but I certainly remember the conversation, Mr. Harrington. Mr. Harrington: And there was other people on the phone, so this is not just... Mr. Williams: Absolutely. Absolutely. Mr. Harrington: ... myself talking or you talking. I am perfectly familiar with our problems. But I do think we deserve... whatever the crisis is, we should even do better with less, I agree. But if I told you once every three weeks, shouldn't you be able to give me an answer? Mr. Williams: Yes, I should. 8 October 24, 1996 1i Mr. Harrington: And did you? Mr. Williams: Not on Tuesday when we talked. No, sir. Mr. Harrington: And how many times did we discuss it? I gave you many, many things that I thought we could do. Mr. Williams: Absolutely. You and I talked about it, and I remember it well. Mr. Harrington: And the reason that... Mr. Williams: Well... Mr. Harrington: ... I'm the one involved is that I've been on the board of Bay Point for quite some time. I've always had good relationships with the department. I know Carlos well, I know Wally well. I mean, it's not that we don't have a good relationship. I think the other two gentlemen will say that I've never asked for anything that wasn't for the benefit of our neighborhood and for our City.:. Wally, especially; Carlos, the same thing. We had a problem with the building permit to put in a gate. They were more than helpful. But in this case, we try to keep Bay Point as nice as we can. If I'm not mistaken, I put Officer Jones there. We use the off -duty policemen to... for security in Bay Point. Didn't he tell you that it was a traffic hazard? Mr. Williams: Absolutely. Mr. Harrington: Well, this is why we get frustrated. I guess I've got the unfortunate job. I had to write the letter to the Mayor, but I am speaking for 250 residents. And I know many other neighborhoods who feel the same way. As I say, my grandparents came here in 1894. I realize we didn't have a trash problem then, but we do today. Thank you. Mr. Williams: Well, I am not certain when my grandparents came, but let me respond to your point. And we dad have that conversation, Mr. Harrington. And I do think that there was a bit of a misinterpretation. But let me... but essentially, let me give you my view of that conversation. We were... We have been behind in our trash collection efforts now, going towards three weeks. And I thought that your specific question had to do with what day would I be there. You certainly were cordial and helpful in what I told you I was recommending. And that is that we lessen the collection schedule. That is, go to every other week, every three weeks or so. Mr. Harrington: Did I not agree to that? Mr. Williams: And you certainly did. You certainly did. And if you misunderstood my thought, I certainly didn't intend it. I was trying to convey to you that because we were behind schedule, that I didn't know exactly what day we would get there this week. Mr. Harrington: But that's impossible for Bay Point. I told you that. Mr. Williams: Well, I recognize that it is impossible for Bay Point, but it's also impossible for the entire City. We are trying to do a... Let me not debate it. I agree with you, that you worked with us, you were cordial. I just did not have a full and complete and accurate answer as to what day we would be at Bay Point. We were there last Thursday, and we were working north to south, trying to get there as quickly as possible. Mr. Harrington: No, you were there the Tuesday before, not last Thursday. 0 October 24, 1996 Mr. Williams: Tuesday, I'm sorry. Correct. Mr. Harrington: All we're asking, and I think most of the citizens are asking, I don't care if it's once every three weeks, but we need a fixed day ahead of time, so that the trash can be put out. Mr. Stierheim: Why not do it once every two weeks and... Mr. Williams: That... Mr. Stierheim: I mean, if we do it once every two weeks, then, and they are amenable to that, then that saves time, money and... but just make sure you're there on that day. Mr. Williams: Absolutely. And I think, also, other neighbors, Mr. Harrington, have also agreed and have discussed with me the issue of every two weeks or some less frequent schedule. Mr. Stierheim: You know, and that's cutting cost. Mr. Williams: Absolutely. Mr. Harrington: Thank you. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Certainly. Commissioner. Commissioner Regalado: I went very early in the morning the other day to Solid Waste, and I spoke to many of the employees there. These are good employees. They do have a lot of problems. They do not have the personnel that they used to have. They're willing to work, and they're willing - a lot of them, most of them - to even sacrifice for the City and for their families, in order to keep their jobs. We still get a lot of complaints, not about the trash not being picked up, but just the date. My... We went... The Vice Mayor and myself, we went to a meeting yesterday in the Shennandoah area, and this is the area where I live, and we were bombarded by complaints... not about the pickup, itself, but about the days. And if we could only know what day, at least more or less within two days range, we could tell the people. If we can educate the people, say, in a period of three months that we will only be picking up the trash once every two weeks, that will be fine. I spoke to Mr. Williams yesterday, and I told him that I thought that we need to start issuing tickets and fines to people who, after the pickup, will throw trash, and that we could even empower his people to issue the citations, because these are the people that know the area. So having said that, Mr. Mayor, I would like to introduce a motion, so the people of Miami will know the will of this Commission. This motion will direct the City Manager to order those three departments that were here today to bring back a report within the next 30 days about the issues that you mentioned. I don't know if we can do that now. Vice Mayor Gort: Mr. Mayor, Mayor Carollo: Absolutely. I would suggest maybe instead of 30 days, we give them two weeks to come back with a full report to this Commission. Vice Mayor Gort: Mr. Mayor? Mayor Carollo: Yes, Mr. Vice Mayor. Vice Mayor Gort: One of the things that I'd like to add to that is the trash collection that we carry in the City of Miami, I think is very good. And what has happened is that the City of 10 October 24,1996 r Miami has become an illegal dumping for everybody in the County. And that's one of the biggest problems that we have. And like you said, this takes place after five o'clock. And I've been asking for a while now. We need to somehow - and we know the places where this trash goes - to have individuals there 24 hours a day. And today, if you look at today's paper, finally, j somebody was taken to court and was found guilty. And that person will have to serve a year for the illegal dumping of five tons of trash that he picked up somewhere and dumped in the City of Miami. Somehow, we need to work on that and discontinue that illegal dumping that is taking place. So within that plan, I'd like to see all three of them combined where an inspector can be provided in the certain sites, 24 hours a day, and start getting people. It can be done. It happened today with someone in the paper today. Somebody was convicted of illegal dumping. Commissioner Plummer: Let me go one step further. If you think it's bad that's in the City, let me tell you, I have a business in the County. In the past 60 days, for whatever reason, somebody, in the middle of the night, has come into my large parking lot, backed up a dump truck and just - four or five times - have just dumped the entire load of construction materials, tree trimmings, cuttings and whatever else. And you know, if they would be nice to me, they would at least put it over to the side of my parking lot, instead of in the middle. OK? I mean, it's ridiculous. You drive down the street, and you see tires everywhere. And you know that the people who live there are not throwing tires in front of their own house. I mean, they are not going to do that. They're being thrown there by somebody else. Let me tell you... You know, as Commissioner Regalado says, you speak to your neighborhood. I have to tell you, in my particular neighborhood, the garbage pickup is excellent. The recycling is excellent. We have had a problem because of the rainy days recently, that trash has been put out, of why it's called for on Thursday night and was not picked up on Friday. And, yes, I have had complaints. But I have to tell the people that the rain does slow everything down. In reference to the Parks and Recreation, I think one of the things that we have to recall is the fact that last year, through early retirements and other, we lost some 400 employees, as I recall. Arid everybody said they were going to, put their shoulder to the wheel, and we were going to have less people to do more work. And I think that, yes, there are some people that need to be motivated. And I think there's some people around here that need to be gone, that don't do anything. Well, excuse ine. Let me qualify that. They do little. And I think that that's what the City Manager, that he and I have had conversations about, that some of those people need to be replaced and put in with people who want to do better for this City. Let me go back to Sanitation for a minute. I was the one, Mr. Mayor., who I think I said before, but just to re -edify it for the record, that two or three years ago, when Carlos was in charge of whatever that was, when I was visited by one of the larger sanitation companies who came in here and said that they could do for less money than what the City was paying. And I sent them to Carlos, and Carlos basically said to the City Commission, he recommended that we tell the union and the Sanitation Department that if they could match that figure without dropping the level of service, we would go that route, but we would watch very closely the level of service. And we did, in fact, have from the union an agreement that they would do it for that amount of money. I think that maybe we need to go back and talk to the union and say to the union, people are dissatisfied. I think we also have to go back, and we have to say that we can do better, there's no question that we can do better. And just the one thing here this evening that we're talking, or this morning that we're talking about and that is that we go to a two -week pickup of trash, rather than every week. So, you know, I just... I really have no dealings one way or another with Building and Zoning. I can tell you when I have called down there, I have been feeling comfortable that the response time was good. So all I can say to you is, is that I think we have to look at it. God knows, Mr. Harrington, I can tell you, sir, that I have seen people in the Sanitation Department out working six and seven o'clock at night. i I've seen them out there on Saturdays. I have even seen them out there on some Sundays. Because I keep reminding the people of the union, if the level of service drops, you're bye-bye. Now, you can't hold them responsible if they can't go out and work and it's raining or some E other thing. But we've only had a brief rainy period of three weeks. t c 11 October 24, 1996 Mayor Carollo: I've seen some, Commissioner, at one -thirty in the morning, where I stopped and talked to them. Commissioner Plummer: Yeah, I... Mayor Carollo: Then I've seen some under shade trees, also. Commissioner Plummer: Well, you know, I understand that. I got upset the other day. I saw a grass cutting crew that were sitting under a tree, and... but it was raining, there was nothing else they could do. You can't go out and mow the grass and do that when it's raining. So... Mayor Carollo: The bottom line is that the supervision that we have... Commissioner Plummer: Need to go out and crack the whip. Mayor Carollo: ... is not appropriate at all. That's the biggest problem we have in these departments, supervision. When you have employees, and no one knows what they're doing, they really don't have to answer to anyone, because they are not being supervised properly, that's where the problem begins. And, you know, to change this whole thing around, you can't do it from the bottom up. You've got to do it from the top to the bottom. That's the point that I'm making. And I have been as plain, as I think that I should publicly with each of. you. I'd be happy to sit down and express to you further my feelings. But I'm not hiding any punches. You guys either have to turn this around, or as far as I'm concerned, you know, there are plenty of other jobs out there that I'm sure you all qualify for. That's one person's opinion.. That's going to be up to a new City Manager. But those will be my recommendations, if the level of service that we provide and the performance level does not turn around. Thank you, gentlemen. Mr. Williams: I look forward to discussing it with you, Mr. Mayor. Mayor Carollo: Thank you. Elaine... Annette, rather. Ms. Annette Eisenberg: My name is Annette Eisenberg, 1180 Northeast 86th Street, Davis Harbor. I would be perfectly willing to go to a once -a -week garbage pickup. The containers that are available now are such that we are not going to incur bugs and rats and all if they are sealed. The trash pickup, it's sitting outside of our house right now. And I don't usually put it out until the day, because I have it bagged. However, I have spoken to Mr. Williams. Carlos Smith doesn't answer my telephone calls. I'm an invisible caller. But I have spoken to Mr. Smith, and I have spoken to the high priced executives at our NET office, who do nothing. I don't know why she's there. She does nothing. I asked at the time, couldn't we circularize the neighborhood, and Ron will agree with me, to tell people that when it's picked up on Monday, don't put it out on Tuesday. Wait until the next Sunday night to do it. Never has there been a circular, never has the neighborhood been canvassed. So we have this dirty condition on our street, on 86th Street, all the time, whether he has picked up or he hasn't picked up. Mr. Mayor, I think, number one, we ought to look... because I was the one that stood up against Miriam Alonso and said let's try the NET offices. The Manager at that time said that it would cost nothing, let's try the NET offices. Now, I ask you to go back and examine some of them. Downtown is fabulous. It's a wonderful NET office. It's a working office. But the one in the northeast is absolutely useless. And the building that they occupy was a building that the neighborhood dedicated to the Police substation, not as a NET office. So we're not getting the full use out of it for the police. And we have some very high priced executives that do not talk to the citizens. Please consider that. Mayor Carollo: Thank you. 12 October 24, 1996 1i Commissioner Dunn: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Go ahead. Commissioner Dunn: I just wanted to respond, because I'm pretty much new at this. But I have observed... and I do know that we're in the midst of a problem, a tremendous problem. I think, personally, what I would caution from all of us is that we do an evaluation, not just on one or two or three departments, but evaluate the whole City of Miami, and look at the areas in which we are strong and in which we're weak. And as it relates to NET, the Neighborhood Enhancement Team offices, while it may be valid that many or some of the offices are not vital, or not doing what some of the citizens would like to see it do, to the contrary, I have heard from other areas who normally don't have access to City Hall that it's the best thing since sliced bread. So my fear is that we don't throw the baby out with the bath. I mean... and that goes across the board. I am for, and I will support any efforts that are not... beneficial to the City of Miami. I support that wholeheartedly, I support... But at the same time, I think we need to really look at it and examine carefully, as you suggested, look at these departments, look at the areas in which we're strong, in which we are weak, and if we can't get satisfaction, then we have to do what we have to do. But there are some good departments, there are some good personnel in the City of Miami, and I think that we need to be careful that we don't punish everyone. Now, that's just my concern. Mayor Carollo: And I fully concur with your statement, Commissioner. But the citizens of Miami have reached a level, frankly, that... to use your expression of not throwing out the baby with the bath, they are so fed up, they want to throw the baby and the bath out. And it's up to us to make sure that this City is going to run properly. The buck stops here. Yes, unfortunately, we have a form of government that makes it such that everybody throws the blame somewhere else, so you can't point a finger at anybody directly. But that will change, too. And the minute a new permanent Manager comes, then we have to make sure that the appropriate steps are taken. Manager Stierheim has done so much more than we could have expected of him. The main area that we asked him to concentrate on was the finances. It is not right that we throw so many other things at him, when he is only here oil a temporary basis. I wish that wasn't the case, but that is the reality. So I concur with your statements. Ma'am. Ms. Dorothy Quintana: Good morning, Mayor and Commissioners. You all know me. I have been here almost every day, and I never complain. But when I hear people complaining, and they don't go around the neighborhoods and see what's been done, it's unfair to the people that work in that department. First, no sooner they pick up the garbage, I go around. I have a habit to go around the neighborhoods and see what's going on. No sooner they leave, there goes the people and put the garbage right... another one. They're putting boxes and they... They throw them out any old way. And that's why it's all over the streets. So then the complaint is for the trash department, they don't pick up the trash. Why don't we... I mean, I'm not telling you what to do. But why don't we send an inspector going around after two, three, four hours later and find out what's going on with the neighborhood? They pick up on Thursday. They pick up the big stuff, furniture and everything else, refrigerators. At nighttime, everything is dropped there. So it's unfair to blame them. Maybe... I mean I am only talking for myself. And NET, they know me. He calls me... I don't know the name he calls me, because I go around watching and tell him what is true and what is not true. The same thing for the Police Department, they're complaining. He's doing this, he's doing that. No. They're doing their job very well. But if I am a crook, and I sell drugs, they got to go after me. So it's a lot of things that we have to look at first before we complain about any department. And let me tell you, they know me, that I tell the truth. I don't lie, I don't hide anything. But I walk around and see what's going on before I complain. And if it's anything that's wrong, I complain. I don't care. But I believe that our department in my neighborhood is working fine. So I'm sorry... 13 October 24, 1996 Li Mayor Carollo: You've made the point that I was trying to make, just by some of the statements that you made. And you mentioned that you cannot understand why, if, after the Solid Waste Department picks up the trash, someone dumps right after they come, and we don't have inspectors. See, this is the point that I'm making. There is no coordination. One hand doesn't know what the other is doing. There is no supervision. We should have inspectors out there. We should have people being fined and told that they cannot do that. What I was talking about was not what you've mentioned, as far as after they do pick up the trash, if someone throws that again. I'm talking about instances like were mentioned here, that that trash is not picked up. In fact, we've known each other for some time, and I know you like to look at things. I suggest that on your way out of City Hall, just turn left here on South Bayshore Drive and Pan American. And then when you get at 27th, a block down go left again and go into the Dinner Key entrance of the marina next to the Convention Center that we have. And you're going to be seeing piles of trash thrown on the side. In fact, you don't even have to go in. You can keep going on South Bayshore Drive. And here's our prime waterfront land, next to City Hall, and you could see all kinds of trash, some from the water, some not from the water, just being piled up over there. You see trash all over that park, and it's like, you know, we don't have anybody to pick it up. Ms. Quintana: All right. But like I said again... Mayor Carollo: And these are the examples that I'm talking about. Ms. Quintana: ... maybe the citizens should go after that, the citizens themselves, and report it immediately, and maybe this won't happen. Mayor Carollo: Well, it's fine to say the citizens should go after it. I don't think the citizens are responsible for picking up the garbage over there. That's why the citizens pay taxes, so that the City would provide that service. Ms. Quintana: Well... Mayor Carollo: But do that on your way out, so you could see what I'm talking about. Ms. Quintana: I've been around. I've been around. Mayor Carollo: And then on your way back home, the other way, see how we still have Kennedy Park, all of the palm trees all sprayed with red paint. That's been like that for about two months. Ms. Quintana: The same thing, the lights. They fix the lights, and then they go with a BB gun and shoot all the lights. I mean, after all, I mean, this is... Maybe I'm wrong. Maybe I'm the only one complaining, because I go out watching and see what's going on with the City. I worry, because I live here, and I can't move out of here. If I could move out of here, I will do it. But this is why, if everyone did that, and then at the same time, complain right away, who did it, watch who did it, and what's going on. In my neighborhood, they do it at nighttime, late at night, so nobody can see them. You know Wynwood. So... Mayor Carollo: Well, thank you for your statements and your input. I appreciate it. Ms. Quintana: Thank you for listening. Mayor Carollo: Mr. Goenaga. Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners. Well, I am going to be more philosophical and practical, because I'm a very pragmatic man. Even though a lot of people i 14 October 24, 1996 E r, 1i doesn't realize that I have also business experience. When there was a takeover of an insurance company in Puerto Rico, and I was named a director, the first thing we asked the president, the board of directors asked... We did not have to ask. The existing management turned in their resignations to be at the mercy of the City Manager. I am surprised where this is a corporation and the citizens - we are the shareholders - we have never been heard. Here we have, as I said once and so many times, a "Tale of Two Cities," which was written by Charles Dickens. Well, this is a tale of one City with two different stories. I urge you, Commissioners, to read these marvelous reports where... Mr. Plummer and Mr. Gort, they look so young. So this shows that this has been a comedy of errors constantly. And I'd strongly make it very easy for the existing management and department directors to turn in their resignation, and let the City Manager rehire them, or fire them, at much lower prices. Because, let me tell you, when you have a garbage trash collector after 20 years retiring with sixty -thousand dollars ($60,000) a year, more than the Chief Supreme Judge of the State of Florida, this is something terribly wrong, from the bottom up, from the top down, from left to right. Thank you. That's good in Cuba, but not here in America. Mr. Stierheim: May I comment? Mayor Carollo: Mr. Manager. Mr. Stierheim: Yeah, I'd like... Mayor Carollo: We're back to your item. Mr. Stierheim: You're back, ready to get on the agenda. I'd just like to comment for a minute, if I may. Clearly, the frustration that I think all of you have expressed really stops here. This is a little awkward for me to sit here as an interim Manager, when the biggest decision that you're about to make, and you had some reference to it, is in the selection of your next City Manager, and that's coming at hand. And clearly, the more confident, professional, experienced Manager that you can pick will go to the heart of this problem. We have 15 task forces that are looking in different areas of the City. I mean there are... there is a massive amount of internal work being done now. Some of these issues are substantial. They are issues of the strength of your middle management. They are issues about the organization of the City, and how the Assistant Managers function, and so forth. I mean it is a... It's a large undertaking. In my career, I would step in front of the department heads, and where I thought they were really performing... It's my responsibility. It's the Manager's responsibility. And at the end of the day, that's the only way it can be. And I'll just say, as you come to the close of the search and you deliberate among the candidates, that single decision at that point - collective decision, individual for each of you - is of tremendous importance, in all areas; in dealing with your financial crisis, in dealing over the next months and the next couple of years in bringing fiscal solvency, and in improving the service levels for the public, strengthening the whole administration process. And I'll try to give you as many recommendations and studies and so forth before I leave. But that's kind of the key to the thing. Mayor Carollo: Well, let me say this, Merrett. I am very, very grateful, and I think the residents of Miami are very lucky to have been able to have gotten someone like yourself on an interim basis. Few people would have been able to attack all of the mammoth jobs that you have before you, and we all do. I think that what you have been able to accomplish up to now, no one else, or certainly few people could have been able to have done. I compliment you on the team that you brought in, even though it's a temporary team. We're quite grateful, also, to them for the work they've done. And unfortunately... The main area that we have had to concentrate on, that you have had to have given the bulk of your time to has been straightened out - the financial mess that we have in the City. And frankly, I think that you zeroed in on the most area we needed to. The other areas, I think really fall upon the incoming Manager, that he's going to 15 October 24, 1996 r 2111*) '' 1114) have to make those decisions. And I am very happy with what has been done in the financial side so far. And I know that the recommendations that you're working on are really going to be the blueprints that a new Manager, incoming Manager will be using to, together with the City Commission, move forward in making sure that Miami will have financial stability. Ms. Stierheim: Yes, sir. Thank you. Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Yes. Vice Mayor Gort: I think with the team that Merrett has put together to work in here are like pro bono, which is important to state. Mayor Carollo: Absolutely. Vice Mayor Gort: I remember one time when I requested that we do the performance audit of each department. At that time, I was told that something like that would cost about a half a million dollars. That's why it was not done about a year and a half ago. So I would like to see the blueprints, the guidelines and the criteria set up by this team, take advantage while they're here, so when the new Manager comes in, its already set and approved by us. If that is possible, I would love to see that. Mr. Stierheim: That outline will be available. Yes, sir. Vice Mayor Gort: Thank you. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Regalado: When I said a few minutes ago that I want to introduce a motion in order for the City Manager to direct those departments that were present here to bring back some response to the questions that were raised, I believe that by doing that, we're helping the City Manager, because he is overwhelmed. And we know that the task that he has, that he has had throughout this month and a half, two months, is finances. And we do not want a complete study of each and every department. We just... I guess that if we understood... and I'm thinking about the complaints that we have in our office. What we have is just a report about how we can deal with the immediate problems that we have in those areas. I would, for instance, like to know from Public Works, what can we do? Not that we have to do it tomorrow, but what can we do about streets being flooded whenever there is rain in the City of Miami? I know about that. My street gets flooded, and that's OIL with me. But my neighbors think that I can fix that right away. And I just wanted to know, what can we do, if anything we can do to solve those problems? So I will still like to introduce a motion, so the people of Miami will see the will of this Commission to get some answers. Mayor Carollo: Go ahead Commissioner, make the motion. Commissioner Regalado: Yeah. The motion will be to instruct the City Manager to order these three departments... As a matter of fact, if I could... And this, of course, doesn't have to be in the motion, but I just wanted to mention I would like to have had Community Development also here. But that's another day or another area, maybe. But to instruct the City Manager to order s these three departments to come back with a simple report about how we can deal with the immediate problems that we have in those areas, Merrett. And in the areas... Whether if we 16 October 24, 1996 =' �i W need to say to the people of Miami - go on the radio, on TV, go to the press - "We're going to pick up your trash once every two weeks." How can we promise them that we will be doing that the day that we tell them? How can we tell the people in the different parks that we will be doing something? Not that we want in this directive a specific report about, you know, long- term in the next five years, what they're going to do, but how can we address the immediate problems that we all have? And I go back to last night, Vice Mayor Gort was there, before about 200 people. And believe me, they had complaints, and immediate complaints that we have to deal with. And this is why I'd like to present this motion, to make it official, to make it the will of this Commission, if that is the case, in order to get some answers, and answered right away. It was mentioned 30 days. The Mayor said 15 days. I don't know what's the will of the Commission, I don't know. What do you think, Mr. Manager? But I think the sooner, the better. Mayor Carollo: There's a motion. Commissioner Dunn: I second that motion, Mr. Mayor. Mayor Carollo: There's a second. Commissioner Plummer: I would suggest to my colleague that you probably address the motion not to exceed 30 days. And I think the Manager understands what we're looking for, and he can try to do it in the 15 days... Commissioner Regalado: That's correct. Commissioner Plummer: ... but not to exceed the 30. Commissioner Regalado: That is correct. Thank you. Mayor Carollo: OK. All in favor, signify by saying "aye". The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO.96-771 A MOTION TO DIRECT THE MANAGER TO INSTRUCT THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION, PUBLIC WORKS, AND BUILDING AND ZONING, TO COME BACK WITH A SPECIFIC REPORT ABOUT HOW THE CITY CAN DEAL WITH IMMEDIATE PROBLEM AREAS IN THEIR RESPECTIVE DEPARTMENTS; SAID REPORT SHOULD COME BACK BEFORE THE CITY COMMISSION WITHIN A TIME FRAME NOT TO EXCEED 30 DAYS. b W Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Before the Manager begins, let me say that we're at a crossroads, that Mr. Stierheim had until October the 30th of this month as the date that the Visitors and Conventions Bureau had him on loan to us. And I took the liberty of requesting from Richard Fain, the President of the Visitors and Conventions Bureau, to talk to his board, to see if we could extend Mr. Stierheim's term at least until the 15th of November. And my understanding is that they have accepted that. At least it would give us some breathing room, so that we could have an orderly transition. I just wanted to let the Commission know that. Vice Mayor Gort: Is that with options to renew? Commissioner Regalado: How about at Christmas? Mayor Carollo: I wish that would be the case but... Mr. Stierheim: It's not going to cost the City any more. Mayor Carollo: He likes the punishment he's getting. Mr. Stierheim: When he did it, he said, "No good deed goes unpunished, so we'll extend it two weeks." Mr. Mayor, are you ready for some summary reports here? Mayor Carollo: Yes, we are Mr. Manager. Go ahead, please. Mr. Stierheim: We would ask that... We discussed this before, on the extension of the revenue - sharing guest tax and other monies from the State, that we would ask the Commission to ratify the... (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mr. Stierheim: Yes. And I think the City Attorney's... Mr. A. Quinn Jones, III (City Attorney): To adopt the resolution in this regard, approving the execution of a contract by the Manager for those advanced funds. I distributed a copy of the resolution this morning to each of you. it's not within your package. But what it does, it authorizes the City Manager to execute a contract in substantially the attached form, and acceptable to the City Attorney, between the state of Florida, Executive Office of the Governor and the City of Miami for advancement of funds as specified in the attached contract. Mayor Carollo: Is there a motion? 18 October 24, 1996 �i Commissioner Plummer: I'll make a motion, but I've got questions. Vice Mayor Gort: Go ahead. There's a motion. Second? Commissioner Dunn: Second. Mayor Carollo: Second by Commissioner Dunn. Commissioner Plummer: Well, from what I have read - I don't have anything in writing - the amount that is either applied for or the amount that has been mentioned is twenty-two million dollars ($22,000,000)? Mr. Stierheim: It is all of the funds that the City would normally be entitled to during the fiscal year. They have accelerated those, which, of course, avoids the issuing of tax anticipation notes, which the Commission has also authorized. And of course, it eliminates the interest requirements. It represents 22.6,1 think. Twenty-two point six or eight million, approximately. Commissioner Plummer: Is there any obligation or restrictions if we accept this money? Mr. Stierheim: No, other than... I think we have agreed that we will keep the Governor's office advised, 30-day reports on our progress. Obviously, the Governor is extending this money to us to assist us at a time when we have a cash flow problem, and we have an obligation to keep his office and the State Budget Administrator informed as to the progress. I mean, it's not an unreasonable request at all. Mr. Jones: There is also a provision in the contract that requires the City to submit a comprehensive plan as to how the budget deficit is going to be dealt with. Commissioner Plummer: OK, that's reasonable. Mr. Stierheim: And that will be ready before I leave, and we'll comply with the Governor's request. Commissioner Plummer: All right. Yesterday, I met with - didn't meet with - I happened to run into a State legislator who indicated that there was possibly more money that they were going to be able to find outside of this, which would not be an advance, but would be a grant to the City. Do you have any information on that? Mr. Stierheim: No, sir. Mayor Carollo: We... Commissioner. Commissioner Plummer: OK. Mr. Stierheim: We've discussed that but we... I have no knowledge of any specific money. Mayor Carollo: Yeah. We are discussing a variety of different things that we could do with the State. One, of course, is the possibility of grants, but it's all in discussion stage. Mr. Stierheim: Now, I would like to make sure and put on the record that we have also asked the Governor, in July, which would be after their fiscal year closes in 1997, to again accelerate those dollars, which would be before our fiscal year closes. Commissioner Plummer: Right. 19 October 24, 1996 Mr. Stierheim: Again, none of these monies go to reduce the sixty-eight million. They help us with cash flow. And in the case of the July payment, it would help us at least balance the books as we move into the next fiscal year. Again, not by the best of financial practices, because essentially, we're borrowing; next year's money to do it. But... Commissioner Plummer: Well, what I would like to see, so that I didn't feel uncomfortable as I did yesterday, when this legislator was speaking about these additional monies, that if all of us here could be afforded a copy of what direction you're trying to go in, not to be interfering, but try to be helpful... Mr. Stierheim: Right. Commissioner Plummer: ... and say to these legislators, as we meet on a daily basis, you know, "We would appreciate your help in this, this and this." And if he asked questions, we can try to answer them. So outside of this number, the other, I think, would be very much in order. Thank you. Mr. Stierheim: All right, sir. Mayor Carollo: All right. Mr. Manager, go ahead, sir. Mr. Stierheim: Did you approve the... Commissioner Plummer: We had a motion. It's a motion and second. Mayor Carollo: Yeah, there's a motion, there's a second. Hearing no further discussion, all in favor, signify by saying "aye". The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-772 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM AND ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR, AD THE CITY OF MIAMI FOR ADVANCEMENT OF FUNDS AS SPECIFIED IN THE ATTACHED CONTRACT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Stierheim: The next item is the... If there's any discussion on the study for the Fire service fee, we are recommending that the Commission authorizes us to advertise and bring back a contract, which essentially would create the vehicle for establishing a fee for Fire services, which could have a substantive effect on your overall fiscal problem. We think that it's a vehicle that could provide property tax relief on the ad valorem side, but also capture dollars, which would go directly towards the revenue short fall. I think the Fire Chief... Commissioner Plummer: Right behind you. Mr. Stierheim: ... is here. And if there are any technical questions, we can endeavor to answer them. This is to advertise Request for Proposals, and come back to the Commission with a contract. Chief Carlos Gimenez (Chief, Fire -Rescue): No. Actually, it would be a Request for Proposals, and give you the authority to enter into a contract. Mr. Stierheim: Well, I would certainly advise the Commission, though. Commissioner Plummer: Well, whoa. Now, that's two different facets. One was to go out for the proposals, to come back for approval. Now, you're saying to come back and give him the authority to do the contract. I'm using his terminology. Chief Gimenez: Yeah, I understand. The way this is written is that you would give the Manager the authority to submit an RFQ (Request For Qualifications), get proposals, and the Manager would have the authority to enter into negotiations and into a contract with what he considers to be the most qualified firm. Mr. Stierheim: Not to exceed... Chief Gimenez: Not to exceed two hundred thousand dollars ($200,000). Mr. Stierheim: ... two hundred thousand dollars ($200,000). Commissioner Plummer: Well, my... Vice Mayor Gort: Not to exceed? Commissioner Plummer: I have expressed to the Fire Chief my areas that I feel that need looking at. All right? And I think that this study needs to be done in sequence, and as such, prices applied at the sequence, where it comes back to this Commission. 21 October 24, 1996 W1 Chief Gimenez: That's correct. Commissioner Plummer: I think it's a good plan. I think the plan has merit, but I do have some areas, which I've expressed to the Fire Chief and to you, Mr. Manager... Mr. Stierheim: Yes, sir, you have. Commissioner Plummer: ... that I would want to go into further discussion, delineating from some of the ways that it's been done in other locales. I'll vote for the study, but I still would want those to be brought to the forefront. Chief Gimenez: Yes, sir. Mr. Stierheim: I would, Mr. Mayor, and members of the Commission, submit to the Commissioners a copy of the contract, so you could look it over individually, and the scope of work and services which I think we would endeavor to have consistent with your concerns, before I execute it. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Go ahead, Commissioner. Commissioner Regalado: Just for the record. An amount of money was mentioned, an amount of two hundred thousand dollars ($200,000). Mr. Stierheim: Not to exceed. Commissioner Regalado: Just for the record, that will not be paid now, but it would be deferred; is that correct, Mr. Manager? Mr. Stierheim: That's correct. We would draw up the proposal whereby that would be paid from the proceeds. We'll be obligated for it, but it would be a deferred payment, that's correct. Commissioner Plummer: Oh, wait a minute. Is that figure, not to exceed, doesn't mean that's going to be what the figure is. Chief Gimenez? That's correct. F Commissioner Plummer: You are going out to an RFQ. It could be a lot less. Mayor Carollo: Absolutely. i Mr. Stierheim: That's correct. Commissioner Plummer: And it's a bidding procedure where you could, hopefully... more than one or two companies bidding on this thing could, in fact, bring that price down. Mayor Carollo: That's always the case. i Commissioner Plummer: Absolutely. Mayor Carollo: I would like to compliment the Fire Chief in the work that he has done in this particular area. This is one of the most important things that this Commission could quickly do r to bring the badly needed revenues that we need to this City, and not to burden the average residential homeowner with additional taxes. The potential that this has in bringing new revenues to the City of Miami is major. And I urge the Administration and the Fire Department to keep moving on this as quickly as we possibly can, because this is one of the key pillars that is going to bring the recurring revenue that this City needs to have financial stability. So there is a motion, there's a second. Hearing no further discussion, all in favor, signify by saying "aye". The Commission (Collectively): Aye. Mayor Carollo: Thank you, Chief. Chief Gimenez: Mr. Mayor, I would like to thank the Law Department. They put in a lot of work in trying to put this together, and we'll continue to work with them. And the staff for the Fire Department really put in a lot of work trying to put this thing in and... Mayor Carollo: Thank you, Mr. Jones, and thank the people that have worked on this in your Law Department. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-773 A RESOLUTION BY A_ 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID EMERGENCY EXISTS; DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS ("RFQ") FROM INDIVIDUALS OR FIRMS POSSESSING THE EXPERIENCE AND ABILITY TO PROVIDE SPECIALIZED CONSULTING SERVICES TO ASSIST CITY STAFF IN THE DEVELOPMENT OF A NON AD -VALOREM ASSESSMENT PROGRAM FOR FUNDING OF FIRE -RESCUE SERVICES; DIRECTING THE CITY MANAGER TO ADVERTISE THE RFQ STATEWIDE AND TO ALLOW AT LEAST TEN (10) DAYS FROM THE PUBLICATION OF SUCH RFQ BEFORE RECEIPT OF QUALIFICATIONS IN RESPONSE THERETO; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MOST QUALIFIED INDIVIDUAL OR FIRM AT A COST OR FEES FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000), AND TO BRING BACK TO THE CITY COMMISSION THE CONSULTANT'S FINDINGS AND RECOMMENDATIONS CONCERNING THE ASSESSMENT PROGRAM FOR FIRE -RESCUE SERVICES FOR FINAL APPROVAL OR REJECTION AS TO IMPLEMENTATION BY THE CITY COMMISSION; ALLOCATING FUNDS THEREFOR FROM THE GENERAL BUDGET FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 23 October 24, 1996 r Mr. Stierheim: ... and ask you to approve it. Mayor Carollo: Very good. Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Stierheim: Mr. Mayor, on another item, you authorized us to proceed with negotiations to engage an external auditor. Mayor Carollo: This Commission did. That's correct, sir. Mr. Stierheim: And we have proceeded. Again, I was assisted in this process by a committee that you've already met. Mayor Carollo: Right. Mr. Stierheim: Finance Directors from Miami Beach, the Deputy from Dade County and P Montalbano, the former Finance Director for the... Metro and St. Petersberg. That contract v delivered to us in draft form yesterday. The committee is review... I have a copy, the attorr has a copy. If you'd like to see the current draft before this Commission adjourns, we sho, have that completed. We are modifying what was given to us by Peat Marwick. I will tell y that the auditors, on a hand shake, are already at work. This was absolutely essential. The boc closed on September 30th. This work, in fact, should have been going on in August o September, given the financial condition of the City. It's imperative that we proceed. I thi that the terms of the contract, financially, are favorable. The initial year would be three hundi and fifty thousand ($350,000), because there are some extraordinary requirements, because the circumstances we find ourselves in. That would be reduced to three hundred and twenty-f thousand ($325,000) for the second and third years. We'll bring that back to you, hopeful before this Commission meeting ends... Mayor Carollo: Very good. i Mr. Stierheim: The next item is... You asked the City Attorney and I to explore with outside counsel the question of liability on the part of the external auditor... the former external auditors and others, over the financial situation the City finds itself in. The City Attorney and I have, in fact, completed that review. Both he and I - and he will speak for himself in a moment here - have met individually with Mr. Tom Tew of the firm of Tew and Beasley. They... And I believe I have given you in your kit a background on their work. They have... Mr. Tew has been on the winning side of judgments that approximate one hundred and thirty to one hundred and forty million dollars ($130,000,0000 to $140,000,000) in complex litigation. He, I think, very appropriately recommended to us an approach to this, which is a two-phase approach. And I don't want to speak for the Attorney. I want to ask Quinn to speak here in a minute. But it's { very appropriate, because what he is saying is, first, you should do fact-finding, and determine if, F[ L 24 October 24, 1996 r in fact, liability exists, and that's appropriate. We're dealing with responsible, reputable corporations, and I thought that was prudent. And he agreed to perform that service at substantially reduced hourly rates, and so forth that would normally have been applied, and then has given us a range of options which would include contingency or different hourly rates that we can review at the conclusion of the fact-finding. If he comes back and says, "I do not feel that there is liability," then the matter, subject to your approval, would be closed. The fee for the first phase, the fact-finding phase, which lie said he could complete within three to four weeks, would be twenty-five thousand dollars ($25,000). I personally feel this is a positive proposal. The man's experience is really strong, and with that, Mr. Jones, I didn't mean to preempt you. Mr. A. Quinn Jones, III (City Attorney): I don't have much to add. The only thing I can tell you is that it is a very reputable firm, as Mr. Stierheim has said, that he's had more than adequate experience in dealing with these types of problems, or should I say malpractice recoveries. And I concur, and I think that it is the most prudent way to proceed. And I don't have anything further to add. Mayor Carollo: Well, I think that we need to move forward on this as quickly as we possibly can. I don't think there's any doubt that this is a very qualified firm that has a solid background in this area. The amount that they're asking, I think, is reasonable. The only area that I would like to make clear is that if they find that there has been malpractice, in the second phase, we need to sit down and truly negotiate fees with them or anyone else that might have sufficient background and qualifications on this. But having said that... Commissioner Dunn: Mr. Mayor. Mayor Carollo: ... is there a motion? Commissioner Dunn: Yes, there is. I'd like to move that we go full speed ahead and authorize the Manager to implement the first stage of this. Mayor Carollo: OK. There's a motion. Vice Mayor Gort: Second. Mayor Carollo: There's a second by Vice Mayor Gort. Any further discussion? Hearing none... Commissioner Plummer: He will come back before this Commission at the end, regardless of whether they're saying go or don't go. And we'll make that determination. Mr. Stierheim: With a report, yes, sir. Commissioner Plummer: That's fine. Mayor Carollo: Very good. Hearing no further discussion by this Commission, I'm going to give Mr. Goenaga two minutes. Mr. Manuel Gonzalez-Goenaga: Yes. You cannot hire a better firm than Thomas Tew. He used to be Tew and Garcia -Pedrosa. And they have been very successful. And not only that, I have dealt with them, and when I went to the Securities and Exchange Commission in Washington, they told me that Thomas Tew is one of the top most reputable, respected attorneys at the SEC (Securities and Exchange Commission). And I... The thing is that I would like to... in addition to the accountants, we should look into Raymond James and Howard Gary, as investment advisors to the City, because Raymond James is... they have a lot of insurance, also. Thank you. 25 October 24, 1996 rr 'Aad Y�+ L.. .i;.y 1 Mayor Carollo: Hearing no further discussion, all in favor, signify by saying "aye". The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Dunn, who moved its adoption: RESOLUTION NO. 96-774 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED WITH PHASE I, THE FACT FINDING PHASE, OF DETERMINING THE EXISTENCE OF POSSIBLE LIABILITY ON THE PART OF THE CITY'S FORMER EXTERNAL AUDITORS, DELOITTE & TOUCHE AND TO ENGAGE TOM TEW OF THE LAW FIRM TEW AND BEASLEY, P.A. FOR THIS PURPOSE; DIRECTING THAT ALL FINDINGS BE REPORTED TO THE CITY COMMISSION PRIOR TO EMBARKING UPON FURTHER ENDEAVORS; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FOR PHASE I OF SAID INVESTIGATION, FROM ACCOUNT NO. 92-10-02, MINOR OBJECT CODE 270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wit -redo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Stierheim: The next item, Mr. Mayor, is to report to you on the discussions of various cost containment proposals that have been taking place since your declaration of a true fiscal emergency. As you might expect, this is a challenging assignment for both the City's collective bargaining units and management. We have made some progress. We do not have... We have not arrived at mutual agreements, if you will, on how to proceed. I... At the time that you declared the emergency, you authorized me to energize the collective bargaining process, if I found that necessary, subject to coming back to the Commission. Obviously, it has been my very fervent hope that we would not have to do that, because that... while we might ultimately prevail in that process, that delays this resolution and... for possibly several months, and just by that delay, puts the City further in jeopardy, because I've explained to the Commission, I think that time is money. On the other hand, I have explained that, on behalf of this Commission and on behalf of the taxpayers of the City of Miami, that the solution to this problem, in my judgment, cannot be borne solely by the taxpayers. It has to be shared. It has to be shared with the four bargaining units. It has to be shared by management through cutbacks and stringent controls, even more than I've done already, which you are familiar with. And of course, at the 26 October 24, 1996 1i w 01^ end of the day, it's got to be shared by the Commission, in terms of voting for revenue - producing issues, similar to the one we've just, at least, authorized a study on. The only thing I would ask is that I not have to come 'back to the Commission in the event that these discussions are unsuccessful. I think the clock is ticking. We have to, as I say, "fish or cut bait," and I want to continue with the discussions. We made progress. We met last night until well after eleven. We went 14 hours on Monday in dicussions. So I'd like the process to continue. But if, at the end of the day, it's not successful, then I want you to give me the authority to go ahead and proceed. Mayor Carollo: Well, Mr. Manager the one thing that we cannot do is to let you go into negotiations with a hand tied behind your back. Mr. Stierheim: Not negotiations. Mayor Carollo: Well, but it's mutual... Mr. Stierheim: Discussion. Mayor Carollo: ... discussions of understanding. And to rephrase the wording, you cannot go in there with one hand tied behind your back, regardless. I also understand that maybe there might be some that are hopeful that they could drag this on until your time is up here, and then, that a new Manager would be much more amicable. And let me assure everyone that whomever this Commission decides will be the new City Manager, the one thing I am sure of, he is going to follow the professional recommendations in negotiating, if the time comes to do that, with all our City unions. So because we might have a change in the person that is City Manager, that doesn't mean that the stance of the City Administration, the City Commission is going to change. So I would be very willing to give the gavel to the Vice Mayor and make the motion that we give full authorization to the Manager to move forward, as he's requested. Vice Mayor Gort: OIL. That's... Commissioner Regalado: Second. Vice Mayor Gort: Motion and second. Discussion. Commissioner Plummer: I'll vote for the motion, but I would ask the Manager to keep each and every one of us informed as any progress or lack of progress goes on. I think we've all expressed the same desire, and I've even heard from the unions that maybe they're not doing what they expressed, but that's not for us to know at this point; that they did not want to open up negotiations; that there were areas that they felt of compromise. And as long as we, the Commission, are continuously kept informed, I can vote for the motion. Mr. Stierheim: If I can just make one other comment. Not to complicate this, but as the able City Attorney will confirm, I really wanted to go into executive session with the Commission, so that this could be discussed fully. Under the law, I cannot, and I was frustrated when Quinn told me that, because I felt, how can I proceed without you all understanding what's at stake and what some of the nuiances are? And then the special counsel that you authorized, Mr. Crossland, fully confirmed the City Attorney's... And then, of course, if I came to you individually and talked to you, then it would be another violation of the Sunshine Laws. So I mean, whether you like it or not, to a certain extent... Commissioner Plummer: Why? Excuse me. Why would that be a violation? Mr. Stierheim: Well, if I asked you to take a position on anything, or whatever... 27 October 24, 1996 } Commissioner Plummer: Oh, oh. Talk to me. Talk to me is one thing. Mr. Stierheim:... I mean, it's a delicate area, believe me. So your motion, I thank you very much for it. And I will, Commissioner, before anything happens, I will at least keep you informed, not asking you to vote on anything. Vice Mayor Gort: OK. Is there any further discussion? Being none, all in favor, state so by saying "aye " The Commission (Collectively): Aye. The following motion was introduced by Mayor Carollo, who moved its adoption: MOTION NO. 96-775 A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED TO MEET WITH THE FOUR UNIONS TO DISCUSS MATTERS IN CONNECTION WITH THE CITY'S COST CONTAINMENT PROPOSALS; FURTHER DIRECTING THE MANAGER TO KEEP THE COMMISSION INFORMED OF THE STATUS OF SAID MEETINGS. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado - Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Stierheim: The only other item, Mr. Mayor... and I am sorry that we didn't have this resolution for you ahead of time. If I can phrase one, then the City Attorney will draft it consistent with these words. It would be a resolution of the City Commission requesting Metropolitan Dade County to extend through a line of credit a temporary loan to the City, non - interest bearing loan, not to exceed ten million dollars ($10,000,000), with a payback prior to - January 1st, 1997. This is something that the Mayor and I discussed. Mayor Carollo: Was it ten or five, Merrett? Mr. Stierheim: It was five, but I said not to exceed ten. i Mayor Carollo: OK. I understood that. Mr. Stierheim: I think we got the five but... Mayor Carollo: Yeah, I understood that. OK. I Mr. Stierheim: Five would not be in violation of the resolution. l Mayor Carollo: No, it would certainly not, and we're working on the other five, and more. Commissioner Plummer: Well, I guess the question that has to be asked, or at least what I would like to know is, what is that money going for? Mr. Stierheim: Again... I Commissioner Plummer: Not just to say you're going against the sixty-eight million dollars ($68,000,000). Mr. Stierheim: No, it is not. Commissioner Plummer: I mean, is that money specified for a purpose? Mr. Stierheim: Yes, sir. Commissioner Plummer: And as such... You know, I think all of us around here are going to start asking a hell of a lot more questions. So, I'm asking on the record right now... Mr. Stierheim: All right let me... Commissioner Plummer: ... what is that ten million ($10,000,000), if it is ten million ($10,000,000), going to be used for? Mr. Stierheim: All right. And I am very glad you're asking the question, and let's get it into the record exactly what's happening. Commissioner Plummer: Absolutely. Mr. Stierheim: OK. The City, traditionally, for the last five or six years, you have authorized the City Administration to issue what is called "TANs" <Tax Anticipation Notes). Commissioner Plummer: Yeah. Mr. Stierheim: Tax Anticipation Notes. And essentially, you go out in the marketplace and you sell those notes, in exchange for cash, which helps you before property taxes are received. You pay an interest for that, and then you pay it back over a seven- month period as ad valorem taxes are received. What we have endeavored to do here, through the Governor's Office, through the County, through the utilities that deal with the City is to receive an accelerated payment that we would use in lieu of the TANs, so we'd have to not... We wouldn't... Commissioner Plummer: So that's what it's for? Mr. Stierheim: That's all it's for. It's an infusion of cash to help the City meet its obligations before the ad valorem tax revenue comes in. E I i 1 i } 1 4 Commissioner Plummer: Becomes available. Mr. Stierheim: And then it would be paid back by ad valorem tax revenue. Commissioner Plummer: No, it's not paid back. It's just deducted from our payment that we , would normally receive. Mr. Stierheim: Well, I don't know. We may... I don't know the exact transaction, but yes. j Vice Mayor Gort: Merrett, what you're saying is, then the City would no longer need to issue a TAN, that we still are going to have... Mr. Stierheim: That's our... you've authorized us to go up to thirty million ($30,000,000). Vice Mayor Gort: Right. ' Mr. Stierheim: And we're trying to avoid that. Vice Mayor Gort: To avoid that and save the interest rate that we'd have to pay on the TAN. OK. Mayor Carollo: That's correct. Mr. Stierheim: Exactly. And we were going with a consortium of local banks, and we would have had to pay... Vice Mayor Gort: Interest. Mr. Stierheim: I don't want to quote the interest rates, because we were polling banks. But we will avoid that interest and expense under this process. Commissioner Plummer: Yeah, but am I correct now in assuming that the 22.6 that you're getting or hope to get from the State, and this ten will eliminate the need for the Tax Anticipation Notes? Mr. Stierheim: I can't guarantee that it will totally eliminate it, but it will... It may, and that's what we're working on. I don't have a total answer. We may need a few million, I am not sure. That's being reviewed right now. But it will help us. Commissioner Plummer: Well, you know, Merrett, I trust you explicitly. But in effect, what I am doing here right now, with that thirty million authorization still out there and open, if we get this and use it for this, could still be sold somewhere else. So what I would say to you at this particular time... Of course I am going to vote for this. We are going to get, hoepfully, ten million dollars ($10,000,000) interest free. Absolutely. But I would say that if.. That automatically, right now puts us on hold as far as the issuance of any Tax Anticipation Notes that we had previously adopted. Mayor Carollo: Well, what I would suggest is that if we are in a situation that we have to issue three, four, five million dollars ($5,000,000) in TANs... Commissioner Plummer: That's a different story, Joe. Mayor Carollo: ... that the Manager comes back to us, and I will call a special meeting immediately... , 30 October 24, 1996 tS k_ �i r, Commissioner Plummer: That's fine. Mayor Carollo: ... to authorize him to approve the amount that would be needed. Mr. Stierheim: I... You know, once before, I did this and I'll do it again. Commissioner Plummer is absolutely right in his concern, and it's not exactly the way I like to do business. You should have had a detailed memo outlining all of this and... to give you a comfort level, because you are, in essence, borrowing millions of dollars or having it advanced to us. And I'm glad you asked the question, and I will make a promise now that I will summarize all of the actions that have been taken in a memo to memoralize it, and give it to the Clerk and tell you what Southern Bell is doing. I don't know what Florida Power and Light is going to do. The request is there. I am talking to their senior vice president for finance, trying to get an acceleration there, as well. Mayor Carollo: We have an opportunity in doing something there. The bottom line is that we're saving hundreds of thousands of dollars by having gone the route that we did, where we got the twenty -two -plus million from the State. Southern Bell, I mean, they've come like champs. They gave us over two point four million dollars ($2.4 million). And now, the County will extend that loan to us, which almost comes to approximately thirty million ($30,000,000) that we will then have. So we will be real close in not having to borrow any additional funds and have the cash to meet the payroll for the City of Miami in months to come. And the savings are tremendous. So hearing no further discussion in this, is there anything else that you need to bring up to us then, Mr. Manager? Mr. Steirheim: Not that I can think of. i Commissioner Plummer: That's a whole plate full. Mr. Stierheim: Yeah. Now we are going to go work on the numbers. Mayor Carollo: OK, all right. There was a... Commissioner Dunn: Mr. Mayor. Mayor Carollo: Go ahead, Commissioner. Commissioner Dunn: I move that we go forward again. Mayor Carollo: OK, there's a motion by Commissioner Dunn, second by Vice Mayor Gort. All in favor, signify by saying "aye". The Commission (Collectively): Aye. ! E t 's i F 31 October 24, 1996 s 4 F ig The following resolution was introduced by Commissioner Dunn, who moved its adoption: RESOLUTION NO. 96-776 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING METROPOLITAN DADE COUNTY TO EXTEND, THROUGH A LINE OF CREDIT, A TEMPORARY NON -INTEREST BEARING LOAN, IN AN AMOUNT NOT TO EXCEED $10,000,000 TO THE CITY OF MIAMI, WITH PAY -BACK: PRIOR TO JANUARY 1, 1997. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Stierheim: The only thing we'll bring back is the auditing contract, Mr. Mayor. And we'll be... Mayor Carollo: Yeah, we'll do that, hopefully, later today. Mr. Stierheim: Yes, sir. We're negotiating the final terms right now. Mayor Carollo: Very good. Thank you, Mr. Manager. ---------------------------------------------------------------------------------------------------------------- 3. APPOINT FROM THE PUBLIC TO SELECTION REVIEW COMMITTEE FOR DEVELOPMENT OF DINNER KEY BOATYARD: 1) LOLLY ANDERSON-VIETH; 2) CAPT. JAMES COURBIER; 3) JAMES FLANIGAN; 4) CAPT. BOB LEWIS; 5) ROBERT MASRIEH; 6) JOYCE NELSON -- SEE LABEL 34. Commissioner Plummer: Mr. Mayor. Mayor Carollo: Go ahead, Commissioner. Commissioner Plummer: The Administration has asked me to please bring up that you all, or we all at the last meeting designated a member for the evaluation of Merrill Stevens, and they've asked me to put on to the record the names to be ratified, from the Administration is Kaaren Cooper; Ellie Haydock (phonetic), Evelina Delgado; Juan Ordons; Eduardo Rodriguez. From 32 October 24, 1996 [A W the public sector Lolly Anderson, Captain Courbier, Jim Flanigan, Captain Bob Lewis; Robert Masrieh and Joyce Nelson. I so move that those names... Mayor Carollo: OK. Wait a minute. No. I do not... Commissioner, we need to bring this back. Frankly, the names that we have gotten from the Administration side... from the Administration side. We all appointed some ourselves. Commissioner Plummer: Yes. Mayor Carollo: But from the Administration side, I'm hearing too many names that the weight might be shifted for one type of project over another. I think we have to have a level playing field in this. I would like to defer this for this afternoon. I want to speak to Jack Luft. I want to get more names so that we have a level playing field on this. Commissioner Plummer: Fine. Mayor Carollo: I don't want to end up with people just going for one plan over another, one I proposal over another based on whether we have what the Commissioner called - what, a vegetable market? - whatever name Plummer gave it. And I need to get some more names, Jack. You are only giving us the names that you want without giving us the authority to really choose I and pick. i Mr. Jack Luft (Assistant Director, Office of Development): These are the names you had last week. We need to put it on the record in a resolution, which it was not. Mayor Carollo: Well, this is why I'm holding this back. Last week, I thought we were approving the ones that the Commission gave. Mr. Luft: That's right. Mayor Carollo: So let's hold this back. Mr. Luft: Same names. Mayor Carollo: I'd like for you to come back and give us some additional names that we could also choose from, from the Administration. Mr. Luft: We... Commissioner Regalado: Yeah. What happened... Mayor Carollo: See what you have done, Jack... Let me lay it on the record. What you have done is, you have chosen the people that you want, that are going to vote the way you want them on that project, and this is not the way that we have to run things. This has got to be different. I respect your opinion. You have an idea of what you want to do there, and I respect that. But I want to make sure that we have a level playing field for all three proposals that we have there. I think we have three good proposals, but I don't want to shift the balance to one over the others by the people that you given to us here. So I would like to defer that for the afternoon. If not, I'm just going to invoke the five day rule on it. Simple as that. Commissioner Plummer: Fine with me, sir. Commissioner Regalado: Mr. Mayor, just for the record, I don't recall that we approved the names of the Administration in the past session. That we did... 33 October 24, 1996 Mayor Carollo: I don't remember that, no. Commissioner Plummer: I think that it was on this list before. Those are the same names. Mr. Luft: On July. Commissioner Plummer: But why we sent it back was because we did not have the names of the public, and that's what we chose. Mayor Carollo: That was not approved. Was it Christina? Mr. Luft: Yes. Mayor Carollo: Well, no. I don't think so. I think that we only approved, Commissioner, the second list of names that you read. Mayor Carollo: That's right, the ones we appointed. Commissioner Regalado: We never knew. j Commissioner Dunn: Commissioner. Commissioner Regalado: We were not informed. Mr. Luft: In July. Commissioner Plummer: We circled the name. We circled the name. Mr. Luft: In July... Commissioner Regalado: I wasn't here. ` Mr. Luft: That's right. In July, this Commission approved the list of names from the Manager's recommendation. We have been waiting since then for a list to be approved by the Commission. We received from each of you at the last meeting an initialled approval of a name. But because those initials and those names were not part of a formal resolution, today, we are bringing you back those names in a resolution so that it can be part of the record, that's all. Commissioner Plummer: As chosen by us. f 1 Mayor Carollo: I will accept a motion... z Commissioner Plummer: All right. f Mayor Carollo: ... to approve the names that were submitted by the Commission from each and every one of us. t I Mr. Luft: Correct. i E Mayor Carollo: Not the names submitted by the Administration. 4. k Mr. Luft: All right. 34 October 24, 1996 i Commissioner Plummer: All right. So what you are saying is approve the members of the public? Vice Mayor Gort: The members of the public. Mayor Carollo: That's correct. Mr. Luft: Correct. j Commissioner Plummer: OK. I Commissioner Regalado: Can I ask Mr. Mayor, and members of the Commission why do we... Commissioner Plummer: We've already had our first meeting. Commissioner Regalado: Why do we need so many members from the Administration? Do we only... Could we only have just one... Mr. Luft: No, sir. Commissioner Regalado: ... person on behalf... Mr. Luft: The Charter... If I may. The Charter requires that there be a certain number of names from the Commission and only one fewer name, numbered from the Administration. So whatever number of public names you pick, there will be one fewer from the Administration to join those names. That's the Charter. We have no choice in the matter. So if you pick five then we must pick four from the Administration side. That's all. Mayor Carollo: Jack, I appreciate the effort, the hard work you've put into this, and I compliment you for it. But I want to make sure... i Mr. Luft: Fine. i Mayor Carollo: ... that we are not going to be throwing some loaded dice here. I Mr. Luft: Correct, sir. Mayor Carollo: And I want to make sure, since I had no input on whom the former Administration wanted to recommend or whom you recommended to the former Administration... } Mr. Luft: Correct. f Mayor Carollo: ... that you wanted in this. I want to make sure that this Commission has some input... ' i Mr. Luft: Fine. f r Mayor Carollo: ... and I want to see more names... A Mr. Luft: All right. We'll discuss that with you this afternoon. Mayor Carollo: So that this Commission then can pick and chose from a variety of people. Commissioner Plummer: I move... Mayor Carollo: See, each of us chose only one person. Mr. Luft: Right. Mayor Carollo: The Administration, mainly you and the former City Manager got to pick four. Mr. Luft: Correct. That's the way we do... we have to do it. Mayor Carollo: Well, that's the way maybe things were done. It's not the way that they are going to be done anymore. Mr. Luft: Well, just so... I understand what you are saying sir. But just to be clear, the record says that... the Charter says the Manager shall appoint one fewer than the Commission. So, it was the Manager's decision. If you choose to revisit that decision, we can certainly do that. Mayor Carollo: And the Manager, I think will understand. Certainly the new Manager that we have will understand that we will follow the Charter, but at the same time, if we do not have sufficient names that we can look at, this Commission will not approve any names that are given to us. Mr. Luft: OK. We will bring you additional names this afternoon. Commissioner Plummer: That's on the staff side. Mr. Luft: On the staff side. Commissioner Plummer: On the public side, I move, Mr. Mayor, that the names proferred be - accepted. Mayor Carollo: There's a motion. Commissioner Plummer: And for the record, there is one... There are six names being preferred, because one of the names was recommended by the Waterfront Board, Mister o Captain Bob Lewis. Mayor Carollo: That's correct. Commissioner Plummer: I so move. Mayor Carollo: OK, there's a motion, there's a second. Hearing no further discussion, all in favor, signify by saying "aye". ti The Commission (Collectively): Aye. t Mayor Carollo: Thank you, Mr. Luft I appreciate your input. F i 36 October 24, 1996 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-777 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS MEMBERS (REPRESENTING THE PUBLIC) OF THE SELECTION REVIEW COMMITTEE TO EVALUATE PROPOSALS FOR THE DEVELOPMENT OF DINNER KEY BOAT YARD: 1). LOLLY ANDERSON-VIETH 2). CAPTAIN JAMES COURBIER 3). JAMES FLANIGAN 4). CAPTAIN BOB LEWIS 5). ROBERT MASRIEH 6). JOYCE NELSON (Note: The essence of this motion is incorporated into R-96-797.) Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. t ABSENT: None. Mayor Carollo: Christina. Ms. Christina Cuervo (Assistant City Manager): Excuse me, I am sorry. Mayor Carollo: That's fine. We've just approved the partial list. Ms. Cuervo: Right, I understand that, and we'll come back with a fuller list this afternoon... Commissioner Plummer: Staff. Ms. Cuervo: ... for you to choose from, which is City staff. Mayor Carollo: Very good. Now, we're... Commissioner Gort had to step out for one second so we're going to skip item 2 until he gets back. We're going to go right in... i i f �i -------------------- r -- ------------------------------------------------ � 4 RDC(PACT).SLATEF NAMES PREPARED BY PERFOMING ARTS CENTER TRUST ` ------------------------------------------------------------ ---------------------------------------------------- i Commissioner Plummer: What about 1-A? Mayor Carollo: You're right. You are right. One A discussion concerning the nomination of an individual to serve in the Performance Art Center Trust P.A.C.T. Commissioner Plummer: We have two appointments so that it's clear. I will be subnmitting my resignation today, as I indicated to the Commission before. This which is here today, is not the seat that I presently hold. This is the other seat which presently is being held by someone that was recommended before. Mr. Walter J. Foeman (City Clerk): Henry Courtney, Commissioner. Mayor Carollo: Uh-huh. Commissioner Plummer: Mr. Mayor, I would like to recommend if I may. And we have to recommend names to them. One of the persons that is there presently who has served very honorably, who probably would not be reappointed by virtue of the fact who appointed here no longer won re-election. And she has asked for consideration and that's Laura De Ona. I don't know if you know her or not. But she has served on that board, she does an excellent job and her term expires in December. And so I would like to profor her name as one of the recommended names to go before the board for nomination. Mayor Carollo: OK. The name Laura. I Commissioner Plummer: Laura De Ona. Mayor Carollo: De Ona. Commissioner Plummer: O-N-A. Mayor Carollo: What part of the City does she live in? Commissioner Plummer: Joe, I don't know because she just recently got married. And I don't know where her new husband resides. Mayor Carollo: Well, you got the right name though? Commissioner Plummer: Well, no. She... Mayor Carollo: The right last name. Commissioner Plummer: ... maintains her maiden name even though she has been married. r Mayor Carollo: What is the will of the Commission. I don't know the lady and... f { Commissioner Plummer: Well, do we need more than one name to supply it, or just one? r Vice Mayor Gort: Just one. Commissioner Plummer: OK. All right. Commissioner Regalado: Mr. Mayor, I believe if we have two appointments that... In the past we haven't had neither member of the AfroAmerican community nor a member of the Hispanic community as appointments of the City of Miami. So, J.L. is now presenting one name. I understand that Ms. De Ona is an attorney... Commissioner Plummer: Yes. Commissioner Regalado: ... within the City of Miami limits. Commissioner Plummer: She does practice in the City, yes. Commissioner Regalado: She has an office. She has a practice. That's what I understand. Mayor Carollo: All right. Is there a motion? Commissioner Plummer: I so move. Mayor Carollo: Moved by Commissioner Plummer. Commissioner Regalado: Second. Mayor Carollo: Second by Commissioner Regalado. All in favor signify by saying "aye". The Commission (Collectively): Aye. Commissioner Plummer: Mr. Mayor that means that when I submit my resignation today, that very shortly will come back here again where other names will be proferred of people who have the time for numerous, numerous meetings. Because it is incredible the amount of meetings they're having. Commissioner Regalado: What is their criteria J.L. for their...? Commissioner Plummer: Getting the Performing Arts financed, designed and constructed. And you're talking about a board that's I think 32 or 35 people. They meet at least once a week, once every ten days. And as this thing is coming down to the conclusion, if you get on a committee, you got other committee meetings to go to. It is, there are numerous meetings. I mean we wanted representation and back in those days when we demanded representation it was like once a month. But it's, Parker Thompson is a crew chief, I mean he cracks the whip. f f, y j r 39 October 24, 1996 ------------- -------------- ------------------------------------------------------------------------------------- 5. APPOINT ORLANDO GOMEZ TO BUILDING AND ZONING COMMITTEE -- FURTHER, STIPULATING OTHER NAMES TO BE SUBMITTED TO CITY CLERK IN WRITING TO BE RATIFIED AT NEXT COMMISSION MEETING. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: All right, we're in item number 2. Vice Mayor Gort: Mr. Mayor, if you will recall on item 2, although the Building and Zoning has done quite a few changes to improve. We talked about the... and I sent you a memo on the first describing the committee and the specific work to be done by this committee to try and help structure. Maybe we will request it of them today and as you requested last meeting, we are to come here today and try to get the indviduals from the industry outside and I am ready to make my appointment. Mayor Carollo: Go ahead, Commissioner. Vice Mayor Gort: Orlando Gomez. He's a general contractor and has been doing business in the City for quite a while. Mayor Carollo: OK. Does anyone else have any apppintments to make right now? Commissioner Regalado: I do. I'd rather do it next... Mayor Carollo: OK. Can we approve this one and just submit the other names to the City Clerk for this committe. 40 October 24, 1996 Mr. A. Quinn Jones, III (City Attorney): Yeah, if you want to do it that way. I Mayor Carollo: Actually, we don't need to approve this name actually, do we? Mr. Jones: Well, since it's been preferred, you should. Mayor Carollo: OK. All right. There's a motion by Commissioner Gort, second by Comissioner Regalado. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: And as far as the other members that each of us would have to name to this committee, if they could be submitted to the City Clerk and then we would just, for formality sake rectify it at the next meeting. The following motion was introduced by Vice Mayor Gort, who moved its adoption: MOTION NO. 96-779 A MOTION APPOINTING ORLANDO GOMEZ AS A MEMBER TO THE BUILDING AND ZONING COMMITTEE. (Note: Mr. Gomez was appointed by Vice Mayor Gort. Pending still are four remaining appointments to be made by the Commission). Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo i NAYS: None. ABSENT: None. 1 l 44y €dd l k jk i 41 October 24, 1996 r N W, ---------------------------------------------------------------------------------------------------------- 6. (A) REQUEST BY MAYOR CAROLLO TO ASSESS FUTURE USE OF CITY -OWNED FACILITY AT 141 N.W. 27 AVENUE (FIRE STATION 14) -- DIRECT CITY ATTORNEY TO RESPOND IN WRITING AND EVALUATE LEGAL ISSUES CONCERNING CUBAN MEDICAL ASSOCIATION IN EXILE PROPOSAL FOR USE OF FIRE STATION 14. (B) DIRECT CITY ATTORNEY BY MAYOR CAROLLO TO MEET WITH COMMISSIONER REGALADO REGARDING CUBAN MUSEUM PROPOSAL FOR USE OF FIRE STATION 14 -- DISCUSSION. Mayor Carollo: We're now in item 3 now. Mr. Eduardo Rodriguez (Director/Asset Management): Good morning, Mr. Mayor, Commissioners. With this item, item 3 we are requesting your input and direction concerning the future use of the City owned facility located at 141 Northwest 27th Avenue. Formerly known as Fire Station 14. To give you a little background about this facility. Since 1992, the Catholic Dioses has been using these facilities for the Centro Hispano Daycare under a use agreement. In 1988, City Commissioner adopt resolution 88-299 issuing a revokal permit to the same organization for a term of one year which can be extended, was extended for additional years for the use of a daycare, called Centro Hispano Daycare. Last month the Central Hispano Daycare moved to a facility in the Wynwood area. At this point, the Arclidioses of Miami, that is a parent organization of the Centro Hispano, is still occupying the facility waiting for direction from this Commission what to do. They would like to convert this facility to a center that offers legal and social services for the immigrant community in the area. In addition to that, there are other organizations that approach us as is listed in the memo and specifically the Cuban American Association in Exile. The Medical Association would like to found the House of the Physician on that facility. The Haitian Human Services Foundation is also interested in providing daycare facility on that site. And also Derry Day School and Nursery, it is my understanding that this is a profit organization. At this point, we would like to get your input and direction on what to do with that facility. This is going to be the approach from now on. That we are going to come, before doing anything. We're are going to come in front of you, as a discussion item, getting your direction on how to proceed, sir. Commissioner Regalado: Mr. Mayor. Mr. Rodriguez: I have additional information, if you allow me in relation to the area that was conducted informally by our office, not by an appraiser. If you have any questions about market value in the area, rental value, we have that information. We're ready to answer the question, sir. Mayor Carollo: How many square feet of property do we have there? Mr. Rodriguez: We have, the land is 17,700. It's a front on 27th Avenue, 150 by 118. The building is 5,392. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes, go ahead. 42 October 24, 1996 Commissioner Regalado: That particular place, I know very well because my small soil attended the nursery. The sister that was the head of that nursery, unfortunately, she died. She's the godmother of my small son. And that was a place that helped a lot of children. My understanding now is that they have moved to Wynwood with the same teachers, the same personnel. And my understanding also, because I used to go there many times a week, in fact almost every day, is that most of the children wilo are now attending are from either the Wynwood or the Northwest from 7th Street on, which will be closer to where the nursery is located now. Having said that, the Catholic Church has done a tremendous work in that building. I have read several proposals, the one that you mentioned, Mr. Rodriguez. And one really caught my eye because for more than 20 years or maybe 25 years, the Cuban Medical Association in Exile has had offices in Coral Gables, now they want to establish the House of the Doctor there which will house also the office of the Cuban Medical Association. My understanding is that they will also have a free clinic for people in that area and that is a very poor area in terms of residents and that they will hold international seminars there. So, I think that all the proposals are worth to be considered. My point is that, if we can hear in detail the proposal of the Cuban Medical Association in Exile we would understand what this would bring to the City of Miami, so. Mr. Rodriguez: The doctors are here and... Mayor Carollo: Well, is it the will of this Commission to hear all the proposals now? Or maybe it might be fair to set the appropriate time in another meeting where we could hear and give all the different groups the opportunity to give their proposal at the time. I don't think we're going to taking any action in this today, so I'm just concerned that you are going to be taking more of your time and we still have a long agenda to go through without this Commission really giving it the proper consideration that we need to. And at the same time, we have to be fair to all the other groups to listen to it. I'd be happy maybe just to give maybe five minutes for a brief presentation but, under the understanding that this Commission is not going to take action on this today. This is one that we need to bring back and let everyone, I think there is four proposals. I am not sure who the other people are but we need to discuss this in the open. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes. Commissioner Regalado: I think that Father Wenski. Father Thomas Wenski is here and I'm sure that he's representing the archdioceses. Commissioner Plummer: Well, I've only seen or heard about the one proposal. So I don't know what the other proposals are. Ms. Christina Cuervo (Chief of Staff/City of Miami): Mister... Commissioner Plummer: I would assume, I don't know. You've got to go out for a bidding, don't we? Ms. Cuervo: Ah, well. Mayor Carollo: Yes, we do. Commissioner Plummer: Or can you do it otherwise? Ms. Cuervo: Well, Mr. Mayor and Commissioners. Eduardo went through the four different organizations that have expressed an interest in this. We sent them all letters. They were all on i 100) • i Commissioner Plummer: Well, was it advertised? Ms. Cuervo: It was not advertised, however, the four parties were notified by letter. As it relates to the competitive bidding aspect, that's something that the Law Department can answer. But if we were going to pursue a revoke of a permit, which is revokable with 30 days. That's something that we don't necessarily have to competitively bid, but we do have a recommendation in here that if you want to continue to use this property for social services, then we do recommend that either that you listen to the proposals, if you have an indication to go one way, if not, we do seek competitive bidding on it. If that's your desire to keep it for social I services. Mr. Rodriguez: Mr. Mayor, can I clarify something. The approach that we're going to follow is basically, we are not going to advertise. Before we are going to come to you and the Commission will decide if they want to dispose of the property, or they want to sell it, they want i to rent it, you know. You give us the direction. Mayor Carollo: What we need to get from you, Mr. Rodriguez are really all the facts. Mr. Rodriguez: OK. Mayor Carollo: We have not received any information as to what is the going rent in the area? Mr. Rodriguez: OK. I am ready to answer that. Mayor Carollo: What is the present day value of the property? We need more information... Mr. Rodriguez: That's correct. Mayor Carollo: ... that this Commission can base its decision on the facts. Mr. Rodriguez: I understand. And one my reasons for being here is precisely that. You want to get formal appraisal of the property. I Mayor Carollo: Well... Mr. Rodriguez: Or informal, as I said before I have it here. I Mayor Carollo: You do not understand me. For us to go out and get a formal appraisal... f Commissioner Plummer: Cost. ' Mayor Carollo: ... it's going to cost money. f Mr. Rodriguez: Exactly. Mayor Carollo: This is what we're trying to avoid. I think what we need to do is to go out and get a realistical appraisal. We could do. We should have qualified people to be able to do it. Mr. Rodriguez: Right. i Mayor Carollo: It's not a legal appraisal but nevertheless, it gives the Commission an idea from what range... i 44 October 24, 1996 i W Mr. Rodriguez: Right. Mayor Carollo: ... the property should sell for if this Commission would be so willing to put in on the market. Mr. Rodriguez: We did that Mr. Mayor. Vice Mayor wort: Also, Mr. Mayor I'd like to add that two of the people, proposals in here, I think more or less the use is about the same. Maybe they could get together also and discuss, maybe they can support each other. The Father and the doctors group you both want to provide services in that area so you might want to do joint ventures. Commissioner Plummer: And Mr. Rodriguez let me be... one word of caution. Mr. Rodriguez: Yes, sir. Commissioner Plummer: And I'm not saying detrimentally or favorably. Do not - underline - do not let us get back into the same bag of problems that we had with the so called "other fire station on 12th Avenue". Do you read between those lines? Please, make your contracts as clear as you can make them, so we understand and they understand what the meaning of revokable is. Mr. Rodriguez: OK. Mayor Carollo: What is the will of this Commission? I suggest that we bring this back at a time when we have sufficient time to really look at the different proposals and at the same time, have as much information as we could from the Administration. Commissioner Dunn: Mr. Mayor? Mayor Carollo: Yes. Commissioner Dunn: I support that statement, but I would like to request since there are some representatives here, that we do hear from them with the understanding that we are not going to move on it today. Mayor Carollo: Well, I certainly offer to give them the opportunity if they wanted to, you know, make a brief statement. Ms. Cuervo: You want them to come up now? Mayor Carollo: If they'd like to. If not, they'd come back another time. Commissioner Regalado: Father Wenski and the doctors, yes. Reverend Thomas Wenski: Not to waste your time, but we've been in the building since 1982. We've made significant improvements in it. But at the same time we know it's the City's building. So when we moved the day-care out of it, it was only proper that we advised the City that we're moving the day-care out of it. But we had an interest and to continue to use the building for primarily legal services for the great number of people that need them in that area of Miami. Mayor Carollo: How many people, Father, do you think you would have in your legal staff there? 45 October 24, 1996 �i Reverend Wenski: Probably about five to six people. Probably three attorneys and then some support staff. Mayor Carollo: And you've got over 5,000 square feet now, right? Reverend Wenski: But, there is also, you know, room for... A lot of the legal services now require some classroom instruction for people for example citizenship and stuff like that. Commissioner Plummer: Father, are you interested in renting or buying? Reverend Wenski: Well, at the present time, we've been, we've had a very nice... Commissioner Plummer: Yeah, but those... Reverend Wenski: We would consider, you know. I don't have the money in the bank right now for it. But, we've had a good agreement up to now where... Commissioner Plummer: You've got a good line of credit. Mayor Carollo: I think Father is looking for some divine inspiration from you, Commissioner. Commissioner Plummer: We're looking for divine dollars. Commissioner Regalado: Father, the agreement was a hundred dollars ($100) a year? Is that...? Reverend Wenski: Well, what we did since 1982, of course, is that we maintained the building in lieu of rents. So, I believe that there's been close to one hundred thousand dollars ($100,000) worth of improvements to the building when we were running the day-care center there. So in other words, if the roof needed fixing, we didn't come to the City because we knew we were there rent free. Commissioner Regalado: But just for the record, the children that were there, are in another location now? Reverend Wenski: That's right. Basically this was again an economic decision, and economy of scale. When you have a day-care center that serves 60 kids, the administration expenses about the same as when you have a day-care center that's serves 150 kids. You know, you're paying the director of the center about the same amount of salary. So that, this enables us to serve more kids at... and keep cost pretty much constant. Because at the Wynwood facility now, we have a greater capacity for more kids. Dollars are always important. Mayor Carollo: OK. Well, the one thing Father is that I don't want you or anyone else to go away with a false impression that this one is going to be basically a donation from the City, like it has been. We need to get some dollars, real dollars for this site. The City needs it more than ever. I mean, we're at a point that we're actually our best charity right now. We need that money so... Commissioner Plummer: Well. Mayor Carollo: ... whatever final decision is made we are expecting to get some real dollars for it. Reverend Wenski: Sure. And I'm willing to work with the City on whatever agreement. If we can do it, we do it. If we can't, we can't. But, you know. 46 October 24. 1996 Mayor Carollo: Sure. OK, thank you Father. Father Wenski: OK, thank you. Vice Mayor Gort: Father as... Father as I suggested before, you are going to provide some of the services that the other applicants might want to provide also. If you joined forces, you can probably help the community a lot more and be able to pay a little bit more. Father Wenski: Sure, I have my card in my hand to hand them right now. Thank you. Vice Mayor Gort: Thank you, sir. Mr. Denio Fonseca: Good morning. Honorable Mayor, Commissioners. My name is Denio Fonseca. I am the Vice President of the Cuban Medical Association in Exile. My presence here today is to discuss the matter of the property in 141 the old fire station, number 14. It's necessary to make a little bit of history to know the reason why for the first time the Cuban Medical Association is knocking the door of the Miami Commission. We have been here since 1960. The Cuban Medical Association was created in 1960 with 87 physicians. Through the years we have over 5,000 physicians. A great number of them is Miami taxpayers. Paying their license, their professional licenses and making daily contributions to this community. Always when having an emergency in the City, the Cuban Medical Association has been there present, to help the community free of charges. Based upon the history that this Commission asked in previous charity programs, we decided to have the opportunity to share with the Commission to have a historical place in the City of Miami creating the Cuban Medical Physician House. Reason, from here the Cuban Medical Association established in 1960 went all the way up to the World Medical Association. Our president Dr. Enrique Huertas was the president of the World Medical Association that directs four million physicans in the world. There is a lot of history, through all this time. Many friends, many colleagues died in the meantime. Our professors died in the meantime. There is no discussion about the great job that the Cuban Physicians did for this community and are still doing, and we will do it. I am very proud of my profession because we never, never forget the patient because of lack of money or any other reason. Our organization has the purpose mainly to improve the quality of the physicians and at the same time to get the freedom of our country. These are the two goals that we have. That's the reason why history is important for us. I understand that the City of Miami is in a terrible situation today, economically speaking. And we are the first ones, the taxpayers, that are very sorry that you have to face this problem and to dedicate to take the leak of the roof and not to keep moving in the way that everyone of you promised in your campaign. But also, there are some other problems in the City of Miami. We have a lot of problems and that the Cuban Medical Association is willing and have the equipment to do so. We want to talk, to give conferences about drug addiction, about marital abuse, about child abuse. Also, all these programs that have to deal with the family that is the nucleus of the society. This is something that is going in the United States and we have an example here, in Dade County. And this is the purpose in the way that the Cuban Medical Association want to bring back to the community with the help of the Commission of Miami all the services. We want to join all of you in this effort. We want to join all of you and to request your help to create a historical place that will be an honor for all the citizens in this country and will be an example. I mentioned, or I had to mention here, the fact that dollars are needed. I understand that. And we would like to help with the dollars. And I offer the Commission, we can offer some dollars. The dollars that we can offer are indeed professional licenses that you have in the City of Miami. You can work on that. We can work on that, and we can help you in that. But we cannot talk about dollars in this property. The reason?, we don't want to buy. You want a monthly rent, we are willing to do it. I understand that dollars is the problem. But I understand also, and you understand with me that there are some other fundamental problems in the City of Miami.. This is our community, we live here. 47 October 24, 1996 [i We want this place to be the best place in the world because of the position, because of the potential, because of the influence of Latin America and because of the influence that we're having already in the national politics in this country. Please gentlemen, I request your help. We don't plan to share this place with anybody. We need the space. And we need to have absolute command of what we have with the purpose to control and to go ahead with the program that we have established. Thank you very much. Mayor Carollo: Thank you very much for your statement. I've made mine. I think I'm very clear on it. They City of Miami needs to get some dollars in rent for this property. We have to decide as Commission what we're going to do with the property. I understand the job that you'll have done. In particularly, your president has been done an outstanding job through out the years. But the City of Miami cannot run business as usual like it's been in the past. We cannot give property after property, after property away for nothing. We have many other properties, if maybe this is too big and it doesn't meet whatever criteria this Commission might establish, we might be able to look at others. I don't know what the property is worth in the market. Maybe it might be worth our while to sell it. Maybe it might be best to look at getting some rent for it. I don't know until I get that information from the City Administration. But, I commend you for your work and please understand that we have to do what's best for the whole City. We have a tremendous responsibility on use. We have to find approximately 25 percent of our budget otherwise there is not going to be no City of Miami. And this is the last thing that I think that any of us would want to see. So, thank you very much. Commissioner Dunn: Mr. Mayor? Mayor Carollo: Yes. Commissioner Dunn: I'd like to respond to your statement as I have stated previously in other meetings. One of the things that I will do, as long as I'm here as Commissioner, that is to show consistency. And the fact of the matter is, that we do have to do what's to the best interest of the City of Miami and that's what I'm about. Commissioner Regalado: Mr. Mayor? Mayor Carollo: Yes. Commissioner Regalado: Commissioner Plummer mentioned a similar property which had had problems in the past. Now, I know that property because it so happens that I drop my son close to there in school. And, that property has not been used for about a year now. My understanding is that another group took over the property from the Cuban Museum but it still has the name Cuban Museum of Art. And my understanding is that the lease has not been changed or, that we have a situation with that property and it had a lot of graffiti several weeks ago. It was painted over but still it's not been used. From what I've seen there it's... there's no functions whatsoever. Is that correct Edward? Mr. Rodriguez: Commissioner, you're correct and this is a legal question basically. We were in litigation and I refer that question to the attorney at this point. Commissioner Plummer: Pleas,e let the record reflect, I did not mention the name. I did not bring up any in particular location but not to let us get back into problems that we previously had had. Commissioner Regalado: ... since that we have so few problems. I figured the one... Commissioner Plummer: Now, Mister. Dr. Regalado wishes to operate in a different... October 24, 1996 N W Mayor Carollo: Can we ask the City Attorney to do the following. Mr. A. Quinn Jones, III, Esq. (City Attorney): Uh-huh. Mayor Carollo: If you could meet with Commissioner Regalado. Mr. Jones: Be happy to. Mayor Carollo: And give him an answer and if it's... Mr. Jones: I was about to suggest it. Mayor Carollo: ... appropriate, if you could put that in writing to the rest of us? Mr. Jones: Sure. Mayor Carollo: Thank you. ------------------------------------------------------------------ 7. ACCEPT $12,000 SETTLEMENT IN EXCHANGE FOR RELEASE OF WYNWOOD FOREIGN TRADE ZONE LIEN CERTIFICATE -- FOR PROPERTY AT 333 N.W. 22 LANE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: All right we're on item... Commissioner Plummer: Four Mayor Carollo: Four. Ms. Christina Cuervo (Chief of Staff/City Manager's Office): Item-4 and I am going to let the Law Department make the presentation on this because this is... No? You don't want to? I thought you were going to make a presentation?, I'm sorry. No. OK, well Linda, the Assistant City Attorney brought this to the Administration's attention and this is a problem we have on the Wynwood Foreign Trade Zone. On the current site there is a lien certificate that was issued on this property and it's impeding the ability for Wynwood Foreign Trade Zone to go forward in replanning. The attorneys representing Wynwood Foreign Trade Zone have offered a settlement of ten thousand dollars ($10,000) to the City. We've just been advised that that settlement they will increase to twelve thousand dollars ($12,000) for a release of this lien certificate. This was a computer glitch in our Finance Department in the system that we had prior, when this occurred in 1991? Ms. Linda Kearson (Assistant City Attorney): Nineteen eighty-nine. Ms. Cuervo: Nineteen eighty-nine. And, well that was when the lien initially got placed on the property. Mayor Carollo: What is the recommendations of the Administration? t Ms. Cuervo: Based on the recommendation of the Law Department, the Administration is 1 recommending that we accept the twelve thousand dollars ($12,000) in exchange for the release of the lien. 49 October 24, 1996 la Mayor Carollo: OK. Is there a motion? Vice Mayor Gort: Move it. Mayor Carollo: There is a motion. Commissioner Dunn: Second. Mayor Carollo: Second. Hearing no further discussion, Lucia do you need to make any statements? Ms. Lucia Dougherty: No, sir. We thank you very much. Mayor Carollo: OK. Commissioner Plummer: We haven't voted yet. Mayor Carollo: All in favor signify by saying "aye". The Commission (Collectively): Aye. i The following resolution was introduced by Vice Mayor Gort, who moved its adoption: i RESOLUTION NO. 96-780 i A RESOLUTION DIRECTING THE CITY MANAGER TO RELEASE THE NOTICE OF LIEN DATED FEBRUARY 28, 1989, AND RECORDED MARCH 7, 1989, IN OFFICIAL RECORDS BOOK 14021, AT PAGE 1912, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO REQUEST THAT THE METROPOLITAN DADE COUNTY TAX COLLECTOR CANCEL LIEN CERTIFICATE NO. 90-1--1795-02, PERTAINING TO THE REAL PROPERTY DESCRIBED AS LOTS 11 AND 12, BLOCK 1, WEAVER'S FIRST ADDITION, PLAT BOOK 41, AT PAGE 37, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FOLIO NO. 01-3125-044-0080, UPON THE CITY'S RECEIPT OF TWELVE THOUSAND DOLLARS ($12,000.00) FROM DADE FOREIGN TRADE ZONE, INC., TENDERED IN CONSIDERATION OF SAID RELEASE AND CANCELLATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 50 October 24, 1996 ---------------------------------------------------------------------------------------------------------------- 8. DISCUSSJDEFER AGENDA ITEM 5 TO AFTERNOON SESSION (AUTHORIZE RFP FOR 6.6 ACRES AND 21.4 ACRES TO DEVELOP PROPERTIES AT 3501 & 3301 RICKENBACKER CAUSEWAY) -- SEE LABEL 12. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK, we're on item 5. Item 5 is... Christina, there were some other interested parties here that were supposed to be coming today on item 5. I don't see them here. These are the people that were requesting the RFP (Request for Proposals). I'd like to maybe hold off on this item then, to see if they could come back here this afternoon and deal with it. OK? Ms. Christina Cuervo (Assistant City Manager): OK, Mayor Carollo: Because we were hoping that we could all sides of all interested parties. Commissioner Regalado: Mr. Mayor, I was looking at the agenda here, and we have... I'm seeing that we have many people from the towing business here. Mayor Carollo: Well, let's... Yeah, but we have a couple of major items here... Commissioner Regalado: OK. 4 Mayor Carollo: ... that are going to take more time. Item 6... Commissioner Plummer: What are we going to do with 5? Mayor Carollo: We are going to bring 5 back in the afternoon. Commissioner Dunn: OK. Commissioner Plummer: All right. NOTE FOR THE RECORD: At this point, agenda item number 5 was continued to the afternoon session. _1 October 24, 1996 1i e, ------------------------------------------------------------------------ -- 9. PERSONAL APPEARANCE: NELSON E. WIDELL OF BEDMINSTER BIOCONVERSION CORP. & ROGER E. TUTTLE OF COMPOST AMERICA HOLDING COMPANY -- FOR PURPOSES OF DISCUSSING TERM OF AGREEMENT WITH BEDMINSTER -- DEFER TO AFTERNOON SESSION -- SEE LABEL 14. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Item 6. Unidentified Speaker: Yes, Your Honor. Mayor Carollo: That's the Bedminster Bioconversion Corporation. Item 6. Unidentified Speaker: No, sir. It's Century Shopping Plaza is item 6. Mayor Carollo: No. Commissioner Plummer: No. Unidentified Speaker: Oh, I'm sorry, excuse me. I'm sorry. Mayor Carollo: No, that... Yeah. Commissioner Plummer: You're item 8. Unidentified Speaker: I'm sorry, it's number 8. Mayor Carollo: Yeah. Mr. Milian. Mr. Arsenio Milian: Good morning, Commissioners and Mayor. We had requested to defer this item and it has given us somewhat of a problem to prepare since, until yesterday afternoon at five o'clock, we had not been informed that the deferral was not going to be granted. So we have been calling the principals to fly this morning and we would like to see if we can make our presentation sometime after lunch, if possible. Mayor Carollo: Mr. Milian, let me say this to you. What you have stated is not accurate. When you brought the principals to meet with me in my office some weeks ago, this item was due to be j heard on the last Commission meeting. I gave all the time that they needed for them to talk to me at the time. And I made it clear that I would be willing to defer this to this meeting so that f they could bring in all the additional new numbers and information they wanted to provide, but that in this meeting, we would hear this item. There would be no more deferrals from anyone. Mr. Milian: I'm not asking to do. k Mayor Carollo: And they agreed to that. That was made clear. So then to get a request yesterday, when I received it, asking for a deferral, I was, frankly, insulted by it, because it was made clear to me what was the plan behind it. And let me be quite open. What's behind this whole thing is that -- and it's quite clear to me-- that I guess the count up here is not the count that the owners, the people that are part of this corporation are liking. And what... This is a way of trying to stall this so this would not be heard now, that this would be heard after the election, t. 52 October 24, 1996> t f F li hoping against hope that there will be a change in this Commission, so that someone else would come that's already committed to vote for anything that is presented by this company here, and then hoping that maybe someone else's arm in this Commission could be twisted so that three votes are gotten. Now, the only reason this firm is up here is that after it received the contract from this City Commission, I think back in 1993, and it made certain commitments, this firm has a contract with the City of Miami, and in order for the firm to move forward and for the contract not to be declared null and void, it has to pay the City of Miami a million dollars ($1,000,000) no later than November. And that's the sole question that we're discussing here today. Mr. Milian: OK. Mayor Carollo: Whether the firm is going to pay the City of Miami the million dollars ($1,000,000) or not. Mr. Milian: I hope you will allow me to respond to some of your comments because... Mayor Carollo: Of course. You have all the time that you'd like. Mr. Milian: ... I think that some of the comments that have been made are not accurate, either. If you will recall, when we had the meeting in your office two months... two weeks ago, you were clear to us that we had to demonstrate that this contract was going to be benefiting the City of Miami, and to demonstrate the savings associated with it. Mayor Carollo: That's correct. Mr. Milian: OK. Mayor Carollo: And this is why we're holding... Mr. Milian: All right. Mayor Carollo: ... this meeting today here in the public. Mr. Milian: OK. Mayor Carollo: ... so that your company could have that opportunity to demonstrate that. Mr. Milian: All right. I would appreciate it if you will allow me to expand on it because... Mayor Carollo: Of course, all the time you need, Arsenio. Mr. Milian: And by the way, my name is Arsenio Milian. I'm principal of Milian, Swain and Associate, and I am an environmental engineer representing the company. It's not my company. At the time that you indicated to us that you wanted to have that demonstrated, we... The following day, we retained a financial consultant out of Tallahassee who is an expert in solid waste, and... just to come up with the information that you had requested. The following day, he came to Miami and he requested from the Solid Waste Department a number of documents that were necessary for him to do his financial analysis. He received that a couple of days later. He started working on it and as soon as the information was completed, I called your office on numerous occasions requesting a meeting to demonstrate to you, as you had requested... Mayor Carollo: Arsenio. Mr. Milian: I requested, not only from your staff, I asked your staff to even have us an opportunity to discuss it with the Manager, and they passed me on to the Manager's office. I 53 October 24, 1996 , i i i I i P asked in the Manager's office that we have the information, that we wanted to sit down and demonstrate it before this meeting. And to no avail. So yesterday morning, I thought, "I haven't been able to obtain a meeting with the Mayor and with the Manager, and I think it's important for them to understand, if they're going to be making a decision, what is the information and the financial analysis that is available, so that they can have an understanding of what is being presented." I was unable to get that. So in your office, I talked to your staff, and they told me, they say "Well, maybe what we can do is to defer." And that's how it was initiated. It was not intention of political... I think this contract is beneficial to the City of Miami, it can stand on its own merits, and we can demonstrate the savings associated to the City without having any political motivations behind it. Mayor Carollo: Then why do you need... Why do you need about 20 "rent -a -citizens," if it will stand on its own, Arsenio? Mr. Milian: I am sorry? Mayor Carollo: Why do you need about 20 different "rent -a -citizens," like some that you have out here, if it will stand on its own? Mr. Milian: Well... Mayor Carollo: If this is so good for the City of Miami and... I don't know. You know, it might be, it might not be. But if it is so good, why do we need about 20 "rent -a -citizens" to have been given participation in this? Why does the company not want to give the City of Miami the million dollars ($1,000,000) that it contracted for, that it has to give to the City of Miami, this November? Mr. Milian: All right. Mayor Carollo: All that your... that this company that you represent has to do is to give the City of Miami a million dollars ($1,000,000) by this November, and there is nothing more for us to discuss. There was a signed contract already on this... Mr. Milian: Well, let me... Mayor Carollo: ... before three of us were on this Commission. Mr. Milian: Well, this is the kind of things that I wanted to discuss with you, and I think we entered a little bit into it at our meeting two weeks ago. You're asking me something I have no control over, whether they're registered agents or whatever. I am a professional engineer. I represent this company on the merits of this and the benefits that it's going to be creating to the City of Miami, whom I have dedicated a lot of my time because I love this City. So if I did not believe... Mayor Carollo: And I don't question that. Mr. Milian: Now let me tell you, Joe, if I don't believe that this City of Miami contract was beneficial to it, and it was beneficial in general to the citizens of the City of Miami, I will not be standing here. So whatever the other ramifications that are attached to this, I have... I don't think that you should be sending it... I mean passing that on to me. Mayor Carollo: Arsenio, let me say this to you. I'm passing it out to the public, because I'm fed up that every time that there's a contract, there's a deal in this City, you know, there's got to be handful of people that have got to have their hands in the pot. And this is why this City is in the 54 October 24, 1996 1i shape that it's in, because there's a handful of people -- "influence peddlers" is the name that most people use -- that are constantly getting involved in the process, so the City of Miami ends up with the short end of the stick. Now, let me ask something else to you, which is really unfair, and it's a major excuse. I gave you and the principals of this company all the time that they needed to have met with me. I made it clear that I wanted the best for the City, and wherever the City could save the most money in solid waste, I would be in favor of. I didn't care what company was involved. I didn't care what people were involved. All that I was looking for was the bottom line of how much money the City could save. If this company could do it for us, and it was a company that could give us the best deal, hey, i was happy with it. I didn't care who was involved in the company. Mr. Milian: Right. I agree. Mayor Carollo: But now, for you to come back and say because I've got scores of meetings that I don't stop... I put in 18 hour days for this City. And the pay that I get is much less than anyone in the firm that you represent makes. Mr. Milian: I understand that but it's not... Mayor Carollo: Now, for you to say that myself and the Manager had to meet again with the principals of the company, is quite unfair. This is why we're having this public meeting so that you can present to me, my colleagues and the whole City of Miami whatever it was that you all wanted to present to me privately. Mr. Milian: Well, we certainly misunderstood you, then, when you indicated to us to demonstrate to you... Mayor Carollo: Well, then apparently, you all did. Mr. Milian: ... to demonstrate to you... We took that as to present that information before you came to this meeting, so you could have a reasonable understanding of all of the actions of all the financial conditions so that you could make a reasonable decision here. But nevertheless, here and there, I think we, as I indicated to you, we will be ready to present to you. There is a lot of things that are uncontrollable by the City... by the company. There have been a lot of different issues that I think we need to address. Mayor Carollo: And that, I understand, but that's not our fault. Mr. Milian: Well... Mayor Carollo: You know, we have nothing to do with it. Mr. Milian: Absolutely, I agree with you. Well... Mayor Carollo: You know, that is up to the company, and whatever other governmental entities or anybody else that is involved. Mr. Milian: Well, there are other... You're correct, it's another governmental agency. But there have been discussions from the staff here from the City into those governmental agencies. So we need to... we may... Perhaps we need to address those issues, too. Mayor Carollo: Well, I think you should. I think you should put everything on the record publicly. The allegation was made to me by representatives of your firm that the former City Manager, Cesar Odio, had gone and spoken to the County Manager and had requested for this 55 October 24, 1996 �- i process to be stalled in the County. I don't know if it's true or not. I will tell you that when I met with the County Manager... In fact, when I was meeting with the County Manager, there were other County staff present. Manager Stierheim was there in that meeting, because we were meeting on a variety of issues and I asked him direct, had Mr. Odio requested of him and the County to stall this process at the County's level. And he stated to me, "No, he did not." And that's all that I could go on. You told me that lie did. The County Manager told me that he did not. Mr. Milian: Well, there have been a number of people that have heard that directly from him, so. But that is not the issue here. The issue is whether this is a contract that is beneficial to the City of Miami. And I think we will be able to demonstrate that, if you will allow us. I think we can present to you that if this contract were to go through and this plant were to be built, the City of Miami would be generating... savings in the disposal site of the Solid Waste Department. The first year, you will be generating three million dollars ($3,000,000), and it will be generating more than one hundred and eighty-seven million dollars ($187,000,000) for the entire life of this contract. And I think we are... We will be able to demonstrate that to anyone. And now... Mayor Carollo: Well, Arsenio when do you have your people coming in? They get in at what time today? Mr. Milian: They should be here any time now, Joe. I... That's why I was asking to defer after lunch. j Mayor Carollo: I would be more than happy -- we're almost at noon, anyway -- to bring this up in the afternoon. Mr. Milian: OK. That's the only thing we were requesting. We're not requesting to defer to another day. Mayor Carollo: Let them come in the afternoon. Mr. Milian: OK. Mayor Carollo: I, myself, will be willing to stay here as long as we have to today, to hear this, and give them ample opportunity to... Again, if they want to show this Commission that this, indeed, is good for the City, to show it to this Commission. But the truth of the matter is whether only myself or a majority of us here feel that this is not in the best interest for the City of Miami, there is nothing we can do about it now. The only way that we can do something about is if you don't pay the million dollars. And, really, that's the only issue of why all of you are here today, so that the City of Miami waives for another year, the right to receive the whole million dollars that is owed to us under the contract. Mr. Milian: I agree with you entirely. I think the... What we are proposing can stand on its own merit. And I think, if you look at the contract -- I am not an attorney and I'm not representing anything that it will be illegal -- but it indicates very clearly there are some uncontrollable circumstances that would meditate... mediate or delay some of these potential commitments. So we will be glad to present you this afternoon, and to present to you a proposal that I think it will be acceptable to all you. i Mayor Carollo: And I will be happy to give you all the time that your firm needs to present all the principals, all the expert witnesses that you would like, to try to convince this Commission... i Mr. Milian: Absolutely. E f 56 October 24, 1996 Mayor Carollo: ... that we should waive the right to receive the million dollars ($1,000,000) that, under contract, this firm was supposed to pay to us by no later than next month. And if a majority of this Commission wants to waive that, so be it. But if it doesn't, then your firm has two decisions to make: Either it pays the million dollars ($1,000,000) to the City of Miami, or it loses the contract that it has. Mr. Milian: We know the options. And we'll be glad to discuss these in more detail, if you allow us, this afternoon. Mayor Carollo: Absolutely. Now, from the City Administration, what is the recommendation that you'll have on this item? Mr. Ron E. Williams (Assistant City Manager): Mr. Mayor, I believe you may have received a memorandum distributed over Manager Stierheim's signature that I wrote, that requests no further extensions to the agreement. And I've delineated several reasons in there, certainly, that even now or at the time of discussion, I can go into detail on. Mayor Carollo: OK. That's fine. Mr. Milian: Can... Commissioner Plummer: And for the record, that memo was written on the 22nd, and we just got it this morning as we walked in the door. Mayor Carollo: OK. Mr. Milian: Mr. Mayor, can we get a copy of that, so that we can address it when we make the presentation? Commissioner Plummer: It's public record. Mayor Carollo: Absolutely. Can you make sure that they get one, Christina? Commissioner Plummer: It's public record. Mr. Mayor, what time are we coming back? Mayor Carollo: Two p.m. Commissioner Plummer: Aye. Mayor Carollo: What time do you need to come back? Commissioner Plummer: At lest two -thirty. Mayor Carollo: OK, two -thirty. But two -thirty... Commissioner Plummer: There's a gentleman who wants to meet with me at twelve -thirty, so... Mayor Carollo: OK, two -thirty sharp, though. Vice Mayor Gort: Mr. Mayor, we got one quick item here, which I think the gentleman has been sitting here, which is the Central Shopping Center. Commissioner Plummer: Well, you've also got the Taurus and you know... 57 October 24, 1996 u Mayor Carollo: Yeah. Well, we'll deal with this right when we come back. Now, we have Planning and Zoning. Ms. Christina Cuervo (Assistant City Manager): Planning and Zoning is set to start at two o'clock, and it's scheduled. And it's advertised starting at two o'clock. Commissioner Plummer: Well, "mas o menos." Ms. Cuervo: OK. Just so you know. Mayor Carollo: Well, we will try to get back here two. But most likely, we won't start till two - thirty... Ms. Cuervo: Understood. OK. Mayor Carollo: ... as Commissioner Plummer requested. Ms. Cuervo: Yes. Commissioner Plummer: That's what time the "aplatanado"... Mayor Carollo: Thank you. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:03 P.M. AND RECONVENED AT 2:41 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER DUNN, FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 10. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO CHARGE $5,000 RENTAL FEE TO TWENTITH CENTURY FOX FOR FILMING OF SPEED II. Commissioner Plummer: Mr. Mayor it's a pocket item but it has to be... It's a rental fee for Bayfront Park. As you know, one of the great things that we're trying to do in this community is to attract more of the movie making business and this is a resolution authorizing the Bayfront Park Management Trust to charge Twentieth Century Fox a five thousand dollar ($5,000) rental fee for the use of the FEC property for said construction relating to the filming of Speed II from September 30, through November 30, said rental condition upon TCF (Twentith Century Fox) paying all other cost and fees associated with said filming and obtaining insurance to protect the City in an amount as prescribed by the City Manager or his designee. I move, Mr. Mayor. Mayor Carollo: A motion by Commissioner Plummer. Vice Mayor Gort: Second. Mayor Carollo: Second by Vice Mayor Gort. All in favor, signify by saying "aye". The Commission (Collectively): Aye. October 24,1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-781 A RESOLUTION -AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO CHARGE TWENTIETH CENTURY FOX (TCF) A $5,000 RENTAL FEE FOR THE USE OF THE FEC PROPERTY FOR SET CONSTRUCTION RELATED TO THE FILMING OF SPEED II FROM SEPTEMBER 30, 1996 THROUGH NOVEMBER 30, 1996; SAID RENTAL CONDITIONED UPON TCF PAYING ALL OTHER COSTS AND FEES ASSOCIATED WITH SAID FILMING, AND OBTAINING INSURANCE TO PROTECT THE CITY IN AN 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 Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: ABSENT: None. Commissioner Richard P. Dunn, II j 11. PROCLAMATION.- MICHEL LUBIN DAY -- FOR ENHANCEMENT OF MIAMI'S ECONOMY. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. Any other items that need to be brought up? Vice Mayor Gort: I've got one, but I figure I'll take it up later. Commissioner Regalado: Mr. Mayor, I've got a pocket item. Whenever you... Mayor Carollo: OK, go ahead briefly as we're waiting for Commissioner Dunn. Vice Mayor Gort: Is Fred Waters here? Commissioner Plummer: He was. I saw him earlier. He might be in the back room here. Mayor Carollo: Commissioner, why don't we bring this up at the end? Commissioner Regalado: OK, whatever. No problem. Mayor Carollo: Yeah, let's go ahead and do the last presentation that we have to do. 59 October 24, 1996 1 , Commissioner Plummer: He's here. Mayor Carollo: Is Michel out here? Mr. Michel Lubin: Yes. W Mayor Carollo: OK, there we go. Michel come on up here. "Whereas as a famous man of letters once said, life affords no higher pleasure than that of surmounting; difficulties passing from step of success to another, forming new wishes and seeing them ratified. And whereas Michel Lubin, founder and owner of Lubin Discount Supply is the epitome of the achiever who through persistence and hard work, knows how to reach his goals in life. And whereas Lubin who recently received the National Minority Male Entrepreneur of the Year Award from the U.S. Department of Commerce. A distinction bestowed by Vice President Al Gore, is today a long way from his humble beginnings in 1983, when he opened a tiny store in Little Haiti. And whereas Lubin who runs the business with this wife Esther, now owns the block across from the store and is planning to move into his new 60,000 square foot, two point one million dollar ($2.1 million) store. (And we might have to come to you for a loan too, Michel). Whereas local authorities on behalf of the community salute Michel Lubin for his efforts and contributions to the progress and development of our City. Now therefore: with pride I, Joe Carollo, Mayor of the City of Miami, Florida, do hereby proclaim Thursday, October 24th, 1996, as Michel Lubin Day in the City of Miami." Congratulations. Mr. Lubin: Thank you. (APPLAUSE) Mayor Carollo: Yeah. This is a prime example of how anyone with hard work could make good in our country. And Michel certainly has given the hard work with his family. And he's shown the reward that when you go out and work hard you could achieve almost anything you want here. Commissioner Plummer: If I may Mr. Mayor. I had the opportunity to be there to help cut the ribbon the day that he put in the store that he's presently in before he put the new one. And there was a lot of people there that said: "he'll never make it". I am glad to be here with you today, to prove them wrong. Vice Mayor Gort: That's it. Mayor Carollo: Congratulations. (APPLAUSE) Mayor Carollo: Are you going to say something? Mr. Lubin: Thank you very much. Commissioner Plummer: Good to see you. Mayor Carollo: Mr. City Attorney, can we finish some of the items that we had in the Regular Commission Agenda this morning before we move on to the Planning and Zoning agenda? Mr. A. Quinn Jones, III, Esq. (City Attorney): Oh, sure absolutely. Uh-huh. ffM October 24, 1996 N W -- ------------------------------------------------------------------------------------------------------------- 12. (CONTINUED) -- DISCUSS DEVELOPMENT OF PLANS FOR REQUEST FOR PROPOSALS -- FOR UNIFIED DEVELOPMENT PROJECT -- FOR BOATYARD FACILITY AND OPTIONAL ANCILLARY MARINE - RELATED RETAIL / FOOD SERVICE / RECREATIONAL USES -- FOR APPROXIMATELY 6.6 ACRES AT 3501 RICKENBACKER CAUSEWAY AND FUTURE OPTION OF 21.448 ACRES AT 3301 RICKENBACKER -- FURTHER, INCLUDE REVIEW OF MIAMI ROWING CLUB CONTRACT -- ASCERTAIN CITY'S RIGHT TO TAKE PROPERTY BACK -- PURSUE DEED RESTRICTION INITIATIVE -- SEE LABEL 8. Mayor Carollo: Item number 5. Christina, anybody else that wanted the RFP (Request for Proposals) to go out, if you could identify them so they could go to the other podium, besides Mr. Lacasa. Vice Mayor Gort: Mr. Mayor. Commissioner Plummer: What are we waiting for? Vice Mayor Gort: One thing from the letter that we received here, and according to the last time when we postponed this... Ms. Christina Abrams (Director, Public Facilities): Was that a... Vice Mayor Gort: ... was to do a study to see if it was feasible for the City to continue to do this. My understanding in a letter that we have from one of the individuals that represent a group, is that it concurs with the opinion of the department, that they would like to do... see a study done through six, seven months for the best use of the whole land. Ms. Abrams: Thank you. ti NOTE FOR THE RECORD: Commissioner Dunn enters the Commission chamber at 2:48 p.m. Vice Mayor Gort: That's the letter I got today. Commissioner Plummer: Well, don't everybody speak at once. I mean, am I calling collect or... Mr. Carlos Lacasa: Would you? Commissioner Plummer: I think... Let me just... I think it was the Mayor who made the comment which is now, I think pretty much agreed by everyone that we shouldn't do this on a piecemeal basis, that it should be done as a total and a whole picture. And I also got a copy of the letter stating that, in fact, that's what you or your group had proposed to do. And likewise, I had another group come in this morning with a tremendously ambitious program -- almost too good to be true -- that did, in fact, speak to the total picture. But I think that one of the things, you know, that we're going to have to be very careful with, that we've had criticism in the past, is that we ao out with RFP's (Request for Proposals), we get people to make very nice 61 October 24, 1996 presentations, and I can remember where people stated they had spent one hundred thousand dollars ($100,000) to make an RFP, a bid proposal. And I think we've got to be very careful in what we set out, and what we understand will, in fact, be the total picture. Because one of the things in this proposal of this morning, that I saw was a hotel. Well, that's one of the things that's been a real bugaboo in the past. In the past, they tried to get it through with the name of "botel." Instead of a motel, it was a "hotel." It also showed that they would do the back side as a horse shoe. Well, that's got some environmental problems. So I'm not trying to say that it wasn't a good proposal. God, it would be a great proposal if it was all in order and could be done. But I think, so that we don't mislead people in making an RFP bid, that they've got to know, and very well understand what we, the Commission, are looking for, and the areas and the parameters of what we're trying to accomplish. We know the bottom line is revenue. But how much are we going to allow them to come forth? How much of the land are we going to let them use? How much money they've got to invest? And I think all of that is part and parcel of what we're going to have to do. Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Vice Mayor Gort, go ahead. Vice Mayor Gort: My understanding is, from what I read in this letter and what I'm hearing, is that nobody wants to see an RFP today. But they would like to see a study done of the whole area, and see if we can come up with a master plan for the whole area, putting in all the covenant and all the information that needs to be placed there to see what's feasible to be... that can be `` done in that area. I think that's what everybody is agreeing to. Mayor Carollo: This is exactly what I had said before. I kind of am somewhat surprised that everyone is in agreement with it. I remember a few meetings ago, when my friend and colleague in government, Representative Lacasa, was here. There were some others that were somewhat upset when I brought this up. But nevertheless, for whatever reasons, everyone has come in agreement on this, whether it's to wait for after the elections or not. And it seems that there are lot out there that are waiting for after the election. But you know what? I am going to tell all of you there ain't going to be nothing that's going to change to make it any easier on anyone after the election. It's going to be done in the best interest of the City, like you Representative Lacasa, have always shown me, that you have the best interest for the City of Miami. And you've been quite helpful, not just recently in the crisis we've had, but since I've started back in last November in the Commission again. This is the right thing to do, regardless of whatever the reasons that everyone might have. I'm glad that we're in agreement. This is the way that we need proceed. The property that we have there is just too valuable to do it in a piecemeal way. We need to look at that whole vast area. In fact, one of the things that I've been doing is identifying some of the different properties and what we could do with them. There are at least three locations now that I've identified in the City, and hopefully, if I can work out another deal with someone else, have a fourth location where we could build hotels for the City of Miami. And if all these locations, whether it's three or four, we could actually put it out to bid where hotels can be built. We might be able to bring another three, four, five million dollars ($5,000,000) a year of return revenue to the City of Miami. One of those locations that we have is here in the Marine Stadium site. There are some areas there that we feel have the ingredients that we could put out a hotel in. Nothing large, but something in the neighborhood of 250, 300 rooms that would help the City tremendously. I, myself, have met with numerous people that have all kinds of different plans for this site. I think that the City needs to proceed, also, in trying to find out if we could get the permitting from the State to build a marina there. Even if we can't get the whole 2,500 slips that we could put in there, even if we get 20 percent of that, that would bring several million dollars a year revenue to the City of Miami, and it would help us build out the whole rest of the area. On the other side of that basin, which is not going to include the study that we are going to be doing here, but we should look at it, we could put the 62 October 24, 1996 best water theme park of anywhere in the country there, which would be quite appropriate to do. And many other things that we could do on the other side of Virginia Key. So I'm glad that everyone is in agreement. This is going to save a lot of time today, so I am very happy. Any statements that you would like to make? Representative Carlos Lacasa: Yes, Mayor. Thank you. The purpose of the letter and the proposal that we had was very simple. A lot of different ideas have been kicked around by a lot of different groups including members of the Commission about what should be done with the basin. So it occurred to us, let's just do this. Let's have a plan designed, a comprehensive developmental plan, where we make sure that whatever is done on one parcel is in symmetry with expansion around the basin. Otherwise, we're just going to be spinning our wheels and speculating about what could be or what could have been. Once you issue an RFP and issue a lease, now, you have prevented the possibility of other things going on there. So let's just get it done right, and get it done fast. The other thing is, you may have some use restrictions on the site similar to the problems that were encountered with the tennis center that had to be resolved. Mayor Carollo: Well, there are right now some usage restrictions. If I remember correctly, from years ago, we discussed that there were restrictions on the Marine Stadium, that had to be used, or at least we needed to have a Marine Stadium there. We need to find out just how wide or narrow the restriction is, and what we could do to maybe... If it's too narrow of a definition, to change it, if it's possible, with the County. So I think that would be a good idea. Now, in that same train of thought, all the properties that we have along there, Christina, you are in charge of? Ms. Abrams: No. Only Marine Stadium Marina. Mayor Carollo: OK. Mr. Rodriguez, you are going to have a vital role to play in this, because we happen to have one property in the middle, that stands right in the middle of us being able to connect all the other properties together in that basin. If we wanted to go around right when we get to the end of the parking lot of Marine Stadium, we can't go around to the rest of our property, because we have one property that's in the way. That, I am under the impression, that could be in violation of their contracts with us. Are you familiar with the contracts of the properties that you're in charge of? Mr. Eduardo Rodriguez (Director Asset Management): Yes, I am. Mayor Carollo: You are. OK. Does the contract for the property of the Rowing Club stipulate that they have to have all of their taxes up to date? Mr. Rodriguez: No, sir. Mayor Carollo: It does not. Mr. Rodriguez: It's silent on the taxes. Mayor Carollo: It's silent on the taxes. Mr. Rodriguez: Yes. Mayor Carollo: OK. Does it stipulate anything that gives the City of Miami the right to enforce them paying the property taxes? And if not... Mr. Rodriguez: No. There is no language. There is no language at all in relation to taxes. We took the position that, because it is a nominal fee, what they are paying... October 24, 1996 �i N Mayor Carollo: Well, what is the fee that they are paying? Mr. Rodriguez: It's two hundred dollars ($200) a year. Mayor Carollo: Two hundred a year. Mr. Rodriguez: Right. We took the position a year and a half or a year ago, that morally, they should pay the taxes. Mayor Carollo: OK. But the amount, I understand, is somewhere in the neighborhood of one hundred thousand dollars ($100,000) or more? Mr. Rodriguez: That's correct. That's correct, yes. It's several years. I think three years. Mayor Carollo: Several years. And even with a fee of only two hundred dollars ($200), for prime waterfront property, they still can't pay the taxes. Some. Mr. Rodriguez: Well, they were... They paid one year, to tell you the whole thing. At this point, the City is paying a portion of the tax. The position that we talked, Mr. Mayor, is, they construct the building and the lease has the language that at the end of the lease, that is only four years, a little more, four years and a half, it will revert back to the City. It will become City property, the building. Consequently, we used that, plus that the building belongs to them, to say, well, morally, everything associated with the building is your responsibility, including the taxes. And that's the letter that we. sent to them a year... almost a year ago. Mayor Carollo: When does that contract expire? Mr. Rodriguez: Four years from now. Mayor Carollo: hour years from now. Mr. City Attorney? Madam City Attorney, I am sorry. Mr. Jones is not there. Ms. Linda Kearson (Assistant City Attorney): Yes, sir. Mayor Carollo: Well, Mr. Jones is here. If he could come for a second to the mike. Can you get back to me by no later than next Wednesday, and I want this in writing, for you to look at that whole contract, and to see if, in fact, the interpretation that Mr. Rodriguez has of the contract is correct, that they could be in breech of numerous years, and I think it's somewhere five, six years, maybe more, that they are in default in paying property taxes, and that we have no rights to go and take that property back? Mr. A. Quinn Jones, III, Esq. (City Attorney): OK, I'll look into it. Mayor Carollo: OK. Thank you. Don't include that in your master plan just yet. Ms. Abrams Now, I want to clarify... Mayor Carollo: Till we get an answer. Ms. Abrams: In the proposal we submitted to the Commission and Mayor for consideration, we had requested permission to spend " V amount of dollars in capital improvements. I believe this is what the Commission is directing the Administration to do, that we should not invest any money at this time, but continue operating in the manner that we are until a comprehensive plan is formulated. 64 October 24, 1996 1i Mayor Carollo: Well, I think that if you could get some dollars through whatever sources, and we've discussed some of them -- Sports Authority is one -- that you could upgrade that property where it's going to bring more dollars to the City, I believe you should go forward. We could still put it out to bid and recoup our investment. Ms. Abrams: OK. Very good. Thank you. Mayor Carollo: So, I would have no problem in doing that. But what I think that we do need to do is to do a study of that whole area, and I don't know if Jack's here. Maybe he could give us some indication of how long he thinks it might take him and what dollars we might be talking about that it would take to do. But, I think that it's important that we do, do... Ms. Abrams: Mr. Mayor, is that... Commissioner Plummer: Christina, if nothing more than this, Christina. If nothing more, while we're waiting, please get the place cleaned up? It's an embarrassment, the Marine Stadium area. Ms. Abrams: The Marine Stadium is not under our jurisdiction. So therefore, we don't have the funding or resources. Commissioner Plummer: Fine. Then will you tell who is in charge, just go clean it up. That's all. Ms. Abrams: We'll take care of it. Mayor Carollo: The trailers, are they still there? Ms. Abrams: On the Marine Stadium property? Yes, they are. Mayor Carollo: I think this is like the third time I've been asking about the trailers. Ms. Christina Cuervo (Assistant City Manager): The Chief just sent us a memo and we forwarded it to you, saying that they are going to be out in the next three weeks. So it was, I believe, the U.S. Attorney's Office advising them that they are going to be taking them out in the next three weeks. Mayor Carollo: Well, at least, if they have no place to put them, put them somewhere else where they are not a real eye sore, like they are there. Ms. Cuervo: Well, I'll see if they can move them before... within the next three weeks. And we'll work on that. Mayor Carollo: You know, they've been there for like three years. Ms. Abrams: And there are two hyrofoil boats that have been there for ten years, that we're in the process of removing also. That's on our property. Commissioner Plummer: But that's not on our property. is it? I think... Ms. Abrams: Yes, it is. Mayor Carollo: Yes, it is our property. 65 October 24, 1996 �i Ms. Abrams: Yes, it is. Commissioner Plummer: I thought it was on the marina property. Ms. Abrams: It's on our property. - Commissioner Plummer: Isn't it on the Marina property? Ms. Abrams: Yes, it is. Mayor Carollo: That's our property. Ms. Abrams: It is our property. Mayor Carollo: All of it is our property. Commissioner Plummer: Well, OK. Yeah, it's all our property, but it was done during the operation of the marina by a previous operator. Mayor Carollo: Yeah, that's correct. Several previous operators, I think, if I remember correctly. Commissioner Plummer: All right, could be. Mayor Carollo: All right. Well, why don't you come back to this Commission with a concrete plan. I think you need to sit down with Jack Luft on this, so you could give us a timetable when you come back to us with a plan for the whole basin. Ms. Cuervo: Can we ask for some clarification? And we do know that there is a deed restriction on the property that says that, when it was deeded to us by Dade County, it said that it had to be used for Marine Stadium purposes only. And so would you like us to pursue the waiver of the deed restriction and then do the plan? You'd like to come back with a comprehensive plan? Mayor Carollo: No, no. I think you have to come back with a plan that if, indeed, the deed restriction is so specific, that you give us a plan that would include those deed restrictions. And then you give us an alternate plan of what could be done, if we didn't have the deed restriction, but only if the Law Department advises us that we could negotiate that deed restriction to be taken out or at least modified. Ms. Cuervo: And I guess the second point, I'd just like some clarification is if you... Mayor Carollo: Excuse me. The deed restriction is from Dade County? f Ms. Cuervo: Yes, sir. t z Mayor Carollo: OK. So there are ways that we could get it modified then? : Ms. Cuervo: Yes. The second... Commissioner Plummer: Well, just for your information, and I... you know, I am not trying to deviate. But this grandiose plan that I saw this morning has a very definite use for the Marine ' Stadium. And it is a very good use. And part of their plan is... If you would like to go see it, it's in my office. Part of their plan is boat racing, OK. And it's a very, very fine plan. And the people that came to see me are not poor folks. They are not poor folks, and you're welcome to s go look at it. It's in my office. 66 October 24, 1996 1i Mayor Carollo: Well... Commissioner Plummer: You've seen it I think, haven't you? Mayor Carollo: Oh, yeah. I have. I have. It's a good plan. Commissioner Plummer: Hey, I am not saying that that plan is going to fly. Mayor Carollo: No, no, no. No, it's a good plan. Commissioner Plummer: It's an excellent plan. Mayor Carollo: These people have deep pockets. They have the experience, and they are willing to invest quite a bit there. Commissioner Plummer: Over twenty m illion. Mayor Carollo: I just need to look at the dollars and cents. And I asked them to do this, by the way J.L. I asked them to bring me bottom line dollars that the minimum that we will get in return for the plan that they have and the different parcels. But I think we need to be absolutely sure that, first of all, we cannot build any marinas there. I don't think that's something that might necessarily be. The State might give us permission to go forward. And secondly, where is the City going to get the best return? In the Marinas? What does... the Marinas or in the races? The other stuff that they are going to put in there, the ESPN type of restaurant and some other attractions, we could do that whether we have the races or not. The only problem is, we can't have a marina there if we have 12, 13, 14 races a year, because they need the whole loop to go around. Ms. Cuervo: The second question I was just going to ask you, is there something you'd like us to do internally on the study for the area, or is this something that you'd like us to maybe seek some outside expertise, as well? Mayor Carollo: I'd like to see what we could do... Ms. Cuervo: Internally and then... Mayor Carollo: ... internally, because if we go outside, it's going to cost us... Ms. Cuervo: Right, exactly. Mayor Carollo: ... major dollars. And I think Jack could be creative enough to come up with additional ideas there. And especially, I think he... between Jack and Christina, they could find out as quickly as they could what the State would require from us to move forward a marina there. Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Yes. Vice Mayor Gort: You can also check with places like LA (Los Angeles) where they have beautiful... like Marina Del Rey, to see what they've done. Mr. Jack Luft (Director Community Planning and Revitalization): We have. Marina Del Rey exists primarily because there are very few canals, private waterways, bulk heads in the City of 67 October 24, 1996 r Los Angeles. Everybody, if they want to have a boat, they almost have to have it in Marina Del Rey. Whereas here, 50 percent of the 50,000 slips we have in Dade County are privately owned and controlled on shorelines of canals and waterways. A very different picture here. I think that, because the Marina Protection Plan for the Manatee Plan severely limits the City's options for marinas, we can come back and revisit Marine Stadium, because that may be one of the few places in the future that this City could pursue marina development. It's going to be very hard on the mainland shoreline. I've talked to Susan Markley yesterday in DERM (Department of Environmental Resources Management), the Manatee Protection Office about this. They're open to further discussions, as is Freshwater Fish and Game Commission, who runs the critical wildlife area. They would not close the door on us. They want to see some more information and talk about the types of marinas. It's something we are going to aggressively pursue and come back to you with some better answers on. Right now, I can tell you that it's going to be difficult but not impossible to pursue a long range program of marina development. One of the big unknowns of course, is the DRI (Development of Regional Impact) Statutes. Once you get beyond the 150 wet slips, you have a development of regional impact. And, of course, the difficulty there is that would tie up everything else you do, no matter whether it's restaurants or entertainment, or a concert facility. It would all be wrapped together, and you would be staking the future of a number of things on whether or not you get those marina slips or not, because the State tends to aggregate these things. So we may want to think through a phase program, looking at some immediate development phases that would be more probable to get permitted, move forward on that, and then look at a longer range strategy of bringing in clubs, private facilities, things like that. Mayor Carollo: Jack, let me ask you this. Would we have enough space along the shoreline that we can have slips made up to 149, let's say? Mr. Luft: Yes. Mayor Carollo: Where we don't hit the 150 mark, and still not affect the races there, you think? Mr. Luft: I believe so. The type of races depends, of course, on the size and the speed of the boats. If you had something simple as a jet ski race, you could do that easily and still have a marina on the closed end. And that's one of the components. The little stock boats, the one-man 14-footers, you could do those. So there is a variety of new, emerging technologies in boat racing that could occur in there. We would not do the large unlimited hydros. They don't even fit in the existing stadium the way it is. That's the problem. So we would look at a range of activities. We would look at concert facilities. You heard at one of the recent Commission meetings that the Sunrise Easter Service, the concerts, those kinds of things would want to come back. So there is a variety of activities we can look at. But I do believe those slips could fit. Mayor Carollo: OK, good. That's another alternative that we have, that we could always get some slips without going over that 150, if we decide that it's not in the best interest. Mr. Luft: Yes. Mayor Carollo: Last but not least, the one thing that I want you to give me the quickest reading on is the Old Casino Espanol site. Remember? Mr. Luft: Yes. It's in the mangroves. Commissioner Plummer: The... Which one? Mayor Carollo: Casino Espanol? 68 October 24, 1996 (INAUDIBLE, COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mayor Carollo: Yeah, near the mangroves. Mr. Luft: Right. They were actually in the mangroves. That's why that didn't happen. there is a site on the closed end of the basin that we've walked through with DERM. It primarily kasharina pine (phonetic). It is not environmentally sensitive, and it would allow direct access for a club, yacht harbor... Mayor Carollo: Hotel. Mr. Luft: Well, we will call it hospitality facilities. However you want to... Mayor Carollo: Whatever name you would like to give it, as long as it has rooms. Mr. Luft: There you go. Commissioner Regalado: That's in North River Drive. Mr. Luft: Yes. Those are all possibilities. Those areas by the way are zoned C1. Mayor Carollo: OK. Well, I'd like for you to look at that one right away. Mr. Luft: Yes, sir. Mayor Carollo: Because that will be a major dollar producer. Mr. Luft: We'll take a look at it on Monday, if you like. Mayor Carollo: Great. Mr. Luft: Bring your high top boots and... Commissioner Regalado: Is it North River Drive? It's a restaurant there right now. Mr. Luft: No, sir. Mayor Carollo: No. There's nothing there. Vice Mayor Gort: No, no. It's a different place. Mr. Luft: It's just around the corner from the Mast (Maritime and Science Technolo Academy, going up around the closed end of the basin. The restaurant is on the far other end the basin. Mayor Carollo: Do you recollect if, on the north of that, if the mangroves there... that's mangroves that are there, right? Mr. Luft: Yes. It's all black mangroves. It's all estuarine waters. It's titled waters, and y couldn't touch that, not in 100 years. Mayor Carollo: OK. There's no way then, that we could put even a road through there? Mr. Luft: Yes, you can put. rM October 24, 1996 o i But is us A all u f f t ffE: 4 f [A Mayor Carollo: We could put a road. Mr. Luft: It so happens that the space between the closed end of the basement. Mayor Carollo: Right. Mr. Luft: ... in this area right here near the Marine Stadium... Mayor Carollo: Right. Mr. Luft: ... where the barge... This is Rusty Pelican. In here, there is a seven acre tract, more or less, of land. Mayor Carollo: Right. Mr. Luft: And on this road, which is the beach access road on the shoreline, that could be improved upon. Mayor Carollo: OK. (UNINTELLIGIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mayor Carollo: Yeah. It was up higher, a little higher. Mr. Luft: It's up in here, in the wooded area. That's all critical wildlife area. Mayor Carollo: Yeah. Commissioner Plummer: That's the word. Mayor Carollo: So we could connect a road that could go through the existing road that is there to the beach site. Mr. Luft: Yes. Absolutely. Mayor Carollo: So that we could use additional parking areas if need be. Mr. Luft: Correct. Mayor Carollo: OK. Very good. Mr. Luft: OK? Mayor Carollo: All right. Thank you very much, Jack. Mr. Manuel Gonzalez-Goenaga: Mayor. Commissioner Plummer: Let's move on. Mr. Luft: After we... All the Commissioners, of course, are welcomed to any kind of field tour, if you like. And we'll summarize your comments on those discussions in a report back to you. Mayor Carollo: Thank you, Jack. 70 October 24, 1996 j f i { Mr. Gonzalez-Goenaga: May I address the Commission? Mayor Carollo: Go ahead, Mr. Goenaga. Mr. Gonzalez-Goenaga: Well, it doesn't matter if I get elected or... I will always maintain myself in two seats. Either there or here, as a watchdog. Based on City facts, and I'm sure Mr. Plummer is very well acquainted with, we have 34 square miles of land and 19.5 square miles of water. And the name of Miami from Christopher... It was not from Christopher Columbus. Commissioner Plummer: That should be without an accent. Mr. Gonzalez-Goenaga: Means "Big Water." In other words, we should extend all this overview, not only to Virginia Key, but also to the Miami River. When we have half our city on "Big Water," we might as well consider everything, generally speaking, so we have guidelines and start doing something once in our life, after 100 years. But I also recommend to think slowly but act quickly. And my concern also -- and this is an advice for the law firm -- is that there was in the Rowing Club issue, that they were not supposed to use that for renting. And they have been celebrating weddings, but I have not been allowed to go. They charge also, which that also is illegal, according to the contract. And Mr. Plummer and Mr. Gort, when this thing was renewed on privilege accommodations, and you know who are members of the City management team, that are also members and close knits of the cronies of the ex -emperor of the City of Miami. Mayor Carollo: Mr. Goenaga, your time is up. Thank you very much. Mr. Gonzalez-Goenaga: They should be very... Because that's another way where we can get, legally, without too much spending money, out of that contract. Mayor Carollo: OK. Mr. Gonzalez-Goenaga: Thank you. Mayor Carollo: We're, I think, done with this item now. Let's go to the next item. ---------------------------------------------------------------------------------------------------------------- 13. PRESENTATION TO CITY COMMISSION OF TEAM FREEDOM BOXERS BY FORMER MAYORS DAVID T. KENNEDY AND JULIO MARTINEZ. 4 ---------------------------------------------------------------------------------------------------------------- Commissioner Regalado: Mr. Mayor. 4 Mayor Carollo: Yes, Commissioner. Commissioner Regalado: Before we go to the next item. Since we're talking of bringing businesses and sports to Miami. 4 Mayor Carollo: I'm glad you reminded us of that. i Commissioner Regalado: I'd like to recognize a group of people that have faith in the City of Miami. Next November the first, right next to City Hall, in Coconut Grove Convention Center, there will be a presentation of several important fights. Freedom Team, it's the name of the ti F 71 October 24, 1996 night. And by the names that I'm looking here, in the ad that I was given, I'm sure that we're going to have a lot of public. A lot of people interested in boxing because we have several former world champions and two recent Cuban defectors that won the gold medal in the Olympics. And I just wanted to bring to the attention of this Commission and to the citizens of Miami that we are very lucky that they have chosen our Convention Center, our City for this important event. And Mr. Mayor the boxers are here, I think. So if you... Mayor Carollo: Good. Why don't you come up. Mr. Kennedy bring them up. Honorable David T. Kennedy: Mr. Mayor, honorable Commissioners thank you for this opportunity. This is something that is very good for Miami and it's nice to have that for a change. We are bringing to the Coconut Grove Convention Center a fight that's going to be on Pay Per View, a national TV network with Time Warner. It's going to be on November, 1st. The fight starts at 7:00 p.m. and at 9:00 p.m. television kicks in. We have four TV fights. Four former world champions are fighting four of our Cuban fighters. Miami Beach and other venues really tried to get this fight. But the two managers of the Team Freedom, one the former Mayor of Hialeah, the Honorable Julio Martinez and his partner Luis De Cubas who couldn't be with us today, fought to bring them to Coconut Grove Convention Center. We did that because everyone knows that it was the City of Miami that opened their arms up to the Cuban refugees. And this is the first time that there is going to be a team effort, an all Cuban team fighting against other nationalities and other Americans and it's going to be a seven bout affair, with four major fights on TV. Eleven fighters defected along with two trainers. Freddy, Freddy Pacheco, who is the fight doctor and who is also a very fine artist was asked by Mayor Martinez to pain a picture for the boat lift. He came up with this. Each Commissioner is going to get one. It's very significant because Freddy Pacheco came with the first group of Cuban fighters that came in the 60's that had many world champions including Rudy Rodriguez and that whole group of great Cuban fighters. Well, this new group of 11 fighters that we have, many people are predicting we are going to have three to four or five world champions in the next three years, out of this group. Some of them were world amateur champions. They were on the Cuban National Olympic team which was the best in the world. Thev have defected and they're here fighting as Team Freedom. It's a wonderful concept. It's going to be the biggest affair ever in the Cuban community for Cuban fighters. And we think it's a very apropos time. I'd like to introduce now, Mayor Martinez. I-Ie will make the presentation of the fighters. Honorable Julio Martinez: Thank you very much. Mr. Mayor, Commissioners. It is an honor for us to be here. An honor for us to bring this. The biggest boxing event ever to take place in this County and we're very happy to be part of it. We are going to be giving each of you a T- shirt that we have made to commemorate this team. We are also going to be giving you one of the posters. The fighters as I call their name will be giving you the posters so you can meet them all. First, the biggest guy, Alister Castillo will be fighting a former world champion. Ramon Ledon, who is a two-time world champion in the amateurs and will also be fighting Sugar Baby Rojas who is a former world champion. Rene Valdez, he's undefeated in his professional career with seven and 0, and six of them in the way of a knock out. Next, Ivane Ledon who is also undefeated, he is six and 0 with five knockouts. He is the nephew of Ramon Ledon. And last but not least. We have Juan Carlos Suarez who is ten and 0 with nine knock outs. He will be fighting that night also. And the trainer for all these young men, the one that keeps them in shape is Manuel Lisondo who is also a former Cuban trainer and he's here with us in the United States. We are also inviting each and every one of you to be present that night. I know that you are going to have a great time to see that stadium full of Miamians. And it's going to be televised throughout the nation. So thank you very much Mr. Mayor, Commissioners. I'd like to see you all there that night. (APPLAUSE) 72 October 24, 1996 4 Vice Mayor Gort: Make sure the air-condition is working. Make sure the air-condition is working. ---------------------------------------------------------------------------------------------------------- 14. (CONTINUED) -- APPROVE INSTRUCTING ADMINISTRATION AND CITY ATTORNEY TO SEND LETTER OF DEFAULT TO BEDMINSTER BIOCONVERSION CORPORATION -- NOTIFY SAID COMPANY THAT IF $1 MILLION PAYMENT STIPULATED UNDER CONTRACT IS NOT PAID BY 11/30/96, CONTRACT WITH CITY TERMINATES -- SEE LABEL 9. Mayor Carollo: All right, we're on item-6 on the agenda. Who all from the Administration have gone over this contract, besides you, Ron? Anyone else has? Anyone else is familiar with this contract besides yourself? Mr. Ron E. Williams (Assistant City Manager): Ms. Cuervo and the Law Department, I think Ralph Diaz. Mayor Carollo: OK. Quinn are you familiar with the contract? Mr. A. Quinn Jones, III, Esq. (City Attorney): Not totally, but Mr. Diaz is. He worked on it. Mayor Carollo: Who is? OK, Rafael are you up-to-date on the contract? Mr. Rafael Diaz: Sure. Mayor Carollo: OK. Mr. Jones: Are you sure? Mr. Diaz: Sure. Mayor Carollo: Very good. All right, Arsenio. Mr. Arsenio Milian: Thank you Mr. Mayor. We are. This morning we decided to make a brief presentation as far as the financial report that has been prepared to demonstrate the savings that would originate the composting operation of this plant to the City of Miami. But before we do that. And we can do that as quickly as you can, or we can present to you the report or answer any questions you may have. But before I do that, we have present here, now, the president and CEO (Chief Executive Officer) of the company and maybe he can address some of the questions that you raised this morning, so. With your... I introduce you to Roger Tuttle, Mr. Roger Tuttle: Thank you. Thank you, very much Mayor and Commissioners. My name is Roger Tuttle and I became the president of the Bedminster Corporation, formerly on the first of April of '96. Was involved at the beginning of the year. And what I'd like to do, if I could is to share some of the specifics in just a few minutes over the project. And the project is a privately developed composting facility whereby the company is paying for the facility 100 percent. There's no expenses on the behalf of the City or the County. The, during construction there's 135 jobs. And during that, that 135 jobs equals about four and a half million dollars ($4,500,000) worth of salaries. There are 35 permanent jobs that will be created at the facility which is almost one million dollars ($1,000,000) in salaries. And, then, because compost is being produced which will be utilized throughout the County, there is another 175 jobs, which is 73 October 24, 1996 r Rw-� f `fir a figure used from the recycling programs that the Federal government has. So that's another three million five hundred thousand ($3,500,000). One of the things that we do in each of our projects is to make sure that there's a jobs training program. That we do not bring people in from any other area. That we use local people and what I would propose also, is that with the City's, with your good office in the City's, some program that we are able to create a jobs training program that starts in the City and you become the filter for bringing employees to the company. To share specifically, we've spent a million three hundred thousand dollars ($1,300,000) on permitting and engineering work. And when I took over, one of the things that I wanted to do was to make sure that I committed... that we were committed to the project and we purchased the property. So, on my watch we went and purchased the property. The interesting other side benefit is, the utilization of compost significantly reduces water requirements. We've done a number of tests at university, universities in Florida. Whereby, we are able to demonstrate that the golf courses used significantly less quantity of water for irrigation. That because of that also, there is less utilization of fertilizers and insecticides and herbicides, so there's a quality clean up of the water. And one of the, I guess one of the other important issues that I understand that the City was this morning discussing there is privatization of the collection component. And irrespective of whether that would happen that blends together and makes an overall benefit program to where we are. What I... I just wanted to be able to highlight that. We're paying for the facility. We are spending the money and we believe that it's good for the County and good for the City and I'd like for Arsenio now to take over and share the particular savings. Mr. Milian: As you are very much aware, you have and there were discussions this morning, about the number of garbage pickups that you have during the week. And then you have a different type of collection which is related to the yard waste and then you have the recycling operation. One of the reasons why that has to happen is because the Florida Law requires you to separate these items. As seen, you cannot dispose some of the for instance the yard waste cannot be disposed into a Class 1. landfill. The beauty of the composting operation is that you can do a commingling of all of these waste. In other words, there is no reason for the separation. Everything can go into an individual, at the same time it can be picked up. Whether it's yard waste or it's garbage or it's the recyclable. Everything goes into, it could be into the same truck unless are bulky items or what is called in the industry, "white goods". You know the washing, washer and dryer, or kitchens, appliances or so on. It has been identified by doing so, you could eventually, or you could actually accomplish a lot of savings associated with the collection phase of the solid waste. We have with us this afternoon, two members of the financial team that has been working on these and I'll like to call on them. One of them is my partner Debra Swain that can probably can address a few items. And then the financial analyst that has an expertise in Solid Waste, that has looked at all of the, actually your budget, and your operation, you entire operation and he can described how he arrived to some of the figures that we will provide to demonstrate that during the life of this contract the City of Miami will be able to save one hundred and eighty-seven million ($187,000,000), in comparison to what it is costing them today. So at this time, I'd like to call on Debra Swain. Ms. Debra Swain: Hi, my name is Debby Swain, I am vice president of Milian Swain and Associates and I provide management consulting and financial consulting doing studies very similar that we had our consultant perform for this project. I wanted to just briefly explain what the study is and then we are going to make our consultant available for questions - so if you have specific questions about numbers contained in the study. What you are seeing right now is a chart showing the savings. You actually should have two charts in front of you. One of them shows you the savings on a per ton basis. It is the savings between what you are currently experiencing and what we project, based on your current operations to continue into the future and what the cost per ton would be for operating under the composting facility. In order to arrive at those numbers we first had an analysis done of the total operating cost. And that's the second chart that you see, it has three bars on it. Those are in millions of dollars. It shows you 74 October 24, 1996 1i what your total current operating costs are, what your operating cost would be under the composting facility and the savings shown on the line on the bottom. We are going to be handing out also the actual financial study that was done. This is a standard cost allocation study and it's normally done for the purpose of either analyzing the cost of an operation or also for actually doing a user fee. Something very similar to this would be done in any solid waste or utility activity where you needed to establish a user fee. And I want to describe this very briefly what it is and then again we'll have Mr. Vonasek available for questions on specific numbers. But what we do first is we obtain information directly from your Department of Solid Waste: line item budgets; payroll information; list of employees; list of equipment and come out with what the cost is based upon that information. And then what we do is a study of how much each function is that the department is performing. For example, the Solid Waste Department has got costs specifically related to recycling, to trash pickup, to garbage pickup and we need to identify what the cost of each one of tlx)se functions were. So that, the determination of the savings was based upon the actual cost of the services currently being provided. I am going to go ahead and hand these out right now. I'll just run through the format for you. The first page is just a chart. It's very similar to the ones that you have in your hands. It's the same numbers, it's just presented a little bit differently. The... We've got some assumptions in there and the first schedule that shows dollars simply splits out the administrative cost from the operating cost. And the reason why we did that is, that we're not proposing that there's any change in the administration as a result of the change in operations in the future. We needed to identify just the operating cost so that we can functionalize this and if you'll skip to the next schedule, two pages later, it shows the cost by function. And that's what I mean by functionalizing, so that the operating costs are split into the different operations that are being performed. From that we were able to eliminate some of the costs and also change some of the costs and perform some projections which you'll see oil the... Starting on Schedule, two pages later. And the projections also indicate the bottom line is the annual savings on each year, starting the first year that the plant is in operation. Now, as far as specific questions about the numbers, I am going to ask our consultant, Joe Vonasek and be prepared to answer any specific questions. Mr. Joe Vonasek: Thank you Debby. My name is Joe Vonasek. I am president of the Governmental Consulting Services in Tallahassee, Florida. I am responsible for preparing the data that resulted in this study. And if you have questions, please ask them. If at any time after you've looked at the study in depth, you have questions feel free to call me and ask me. Are there any specific questions at this point? Or do you have some desire of a general explanation of the system itself, of how the costs were analyzed, or how they were compiled? Mr. Manuel Gonzalez-Goenaga: May I ask one question? Mr. Vonasek: Absolutely. Mr. Gonzalez-Goenasga: You are the consultants for the citizens of Miami or you are being paid by the proposed proponent? Mr. Vonasek: I have been engaged by the proposer to the City for people who own the composting facility and the composting technology. Mr. Gonzalez-Goenaga: Well, let me tell you something and with all due respect. My grandfather did hire a lot of consultants because my father was a lawyer and the other was an engineer. And you know what he did? When he saw those things, he threw it away, because he knew more about all the consultants themselves. And sometimes, the definition of a consultant and it's not derogatory, is that, you do things that, you prepare things so somebody else would do it, without actually knowing it and going through the experience. Have you been in this business working with your hands and knowing, going through the experience? And, I wonder if the figures supplied by the City of Miami are accurate. In other words, I have to, as a citizen, I have 75 October 24, 1996 '» 1 to put a question mark and as a possible Commissioner in the future. It's nothing derogatory. I don't know you. You don't know me. But I respect you. Mr. Vonasek: Thank you very much. And I will respond to your question in this way. First, with all due respect to your grandfather, he never hired me as a consultant. Second is, that as far as the accuracy of the numbers of the City of Miami, I believe that Mr. Wilson's numbers..., Mr. Williams' numbers were accurate, that I used what was provided and everything in here corresponds with the data which they provided. Second. Third, as far as my expertise within this area, I was a management analyst with the Leon County Florida Department of Public Works for approximately ten years. During that period one of my duties was to administer waste I collection and disposal within Leon County, Florida. Also, I have been a consultant in the Solid Waste Industry for about the last ten years. 1 have been recognized by the Florida Solid Waste Association. Solid Waste Association of North America, Florida Chapter, as it's most i outstanding corporate chapter member. I have been a speaker on the issues of the Solid Waste i Cos ts... Commissioner Plummer: I don't think we need any more commercials. Mr. Vonasek: I can run down my... I am very well qualified. I'll summarize it at that. Thank you. Mayor Carollo: Mr. Plummer, I told them they could have all the time they want to. Explain all they wanted to. Now. Commissioner Plummer: I hear you but it's. Mr. Vonasek: Yes, sir. I am. I can also say that I was turned lose independently and these people did not tell me what result to come up with. Very good. Any other questions? Mayor Carollo: Any other questions, Mr. Goenaga? Let's get them all at one time if we could, OIL. So that we can move on. Mr. Gonzalez-Goenaga: You know, after hearing of your qualifications. My, the consultants that my grandfather hired were, had more qualifications than himself because he didn't go to school. But he knew, because he started from the bottom up, in the sugarcane business and in the cattle business. So, I wonder if you really worked the hard way. Because let me tell you, we had experts here in our City Manager with a lot of alleged titles and a lot of recommendations from the Financial Association and Standard and Poor and all that faded overnight. Mr. Vonasek: Very well, Mr. Gonzalez. I'll, let me. Mr. Gonzalez-Goenaga: I just want to be concerned as a citizen. Mr. Vonasek: Let me respond to that. First. Mayor Carollo: Well. Mr. Gonzalez, time's up. Mr. Vonasek: Shall I respond sir, or? Mayor Carollo: It's up to you, sir. You could do whatever you like with your time. Mr. Vonasek: My background in both fleet management is recognized. I went to a 50150 program. Not only did I get a High School diploma in College Prep, I also got one in Auto Mechanics. I worked my way through school as an Auto Mechanic. I have a college degree. I 76 October 24, 1996 have three college degrees that I worked my way through college getting. I have collected garbage. I have sorted garbage. I have been through the mill. Thank you. Gentlemen, will that be all? Mayor Carollo: Unless, you want to add something else? Mr. Vonasek: I think the numbers will speak for themselves, if you will review the document and if you have questions, please ask me. Thank you. Mr. Milian: I just want to point out that all of these consulting services that have been referred to here have been paid by the corporation that is, actually has the composting plant. It has been at no cost to the City and the actual investment of the entire plant will be at no cost to the City. It will be by the composting plant operation. Mayor Carollo: Arsenio, give me the bottom line of how many dollars the City will save each year and beginning when? Mr. Milian: Beginning in 1999. It's going to be requiring about two years to build the plant and obtain all the permits. We have since the very first year, you will be generating savings on the first year, of two point nine million dollars ($2,900,000). And it will increase until, every single year, it will increase, the savings will increase and at the end of the contract you will be generating about ten and a half million dollars ($10,500,000) of savings. Mayor Carollo: And the end of the contract, what year is that? Mr. Milian: That's after 30 years. Mayor Carollo: Thirty years, Ten million dollars ($10,000,000). Mr. Milian: Right. Mayor Carollo: So, basically. Mr. Milian: One of the other important issues about this, is that the City will really have control of the solid waste cost because it will be pretty much clear about how much they will be paying. If you were to continue with the interlocal agreement that you have with the County, even though there is a price that price could change. Mayor Carollo: How much garbage, trash are you anticipating the City will be bringing to you in 1999? Mr. Milian: Well, I... That is something that it varies, and it depends on who you talk to. But it's about 138,000 tons. Mr. Williams: The contract is for one fifty. Mr. Milian: The contract is for one fifty. Mayor Carollo: For one fifty? Mr. Milian: Yes. Mayor Carollo: How much are we actually producing Ron? Or do we expect to produce by 1999? 77 October 24, 1996 i Mr. Williams: By 1999, Mr. Mayor, based on some of the changes that we want to make we are hoping that it's down from the present level of 172,000 per the end of September of this year. But we are hoping to reduce that by correcting the illegal dumping issues and inspections and other kinds of things. Mayor Carollo: OK. Now three of us at least, I think maybe four of us were not where when this was approved. Four of us were not here, from Commissioner Gort, this way on. I understand that there was another contract that was entered into with Dade County. 'There was a 20 year contract that committed us to bring certain amount of garbage to them. Mr. Williams: Not exactly. Mayor Carollo: What is? Explain to me what's that all about because we need to understand that? Mr. Williams: OK. We do have an Interlocal Agreement with Metropolitan Dade County at this point, but there is no, as we call it in the industry, "put or pay" or guarantee in that contract. It essentially provides that we bring them our waste stream and at this point, again last fiscal year it is 172. Mayor Carollo: OK. So the contract makes us bring to them our waste stream? Mr. Williams: Yes, sir. Mayor Carollo: OK. Up to what amount are we supposed to bring them? Mr. Williams: Essentially all of the City's waste stream per those interlocal agreements we committed in the interlocal agreement. Mayor Carollo: OK. Now, what happens then, my question is, if they proceed; pay us the million dollar ($1,000,000) which is all they have to do to make this contract viable, get their permitting and move forward? Will we be in a conflict with the Dade County contract or not? Mr. Williams: No, we will not. There is an out that specifically deals with this issue because it was on the table prior to the signing of the Interlocal. Mayor Carollo: OK. With this one specific, there is not, no other issue, only this one? Mr. Williams: No. The Interlocal Agreement with Dade County provides that, if this project proceeds and comes on line in the projected schedule that we now have, that we can divert or remove that waste stream from Dade County to this plant. Commissioner Plummer: And I think one of the very important things on this was, and I'm sure it's there, is the fact that we had an absolute guarantee that whatever the county was charging i that this company would be, as I recall, at least ten dollars ($10) a ton cheaper? { Mr. Williams: No, that and again that was on the table at one point, I don't believe that's in the final agreement, Commissioner. Commissioner Plummer: It wasn't in the final agreement? f Mr. Williams: Right. s F y3 f 78 October 24, 1996 f 6 1i Ms. Christina Cuervo (Assistant City Manager): No, they lowered the price. Commissioner Plummer: But what is it proposed for now, when they go on line? Mr. Williams: Fifty-two dollars ($52). Commissioner Plummer: Fifty-two ($52)? And what was it? There was a scale, I remember a scale. Mayor Carollo: The County charges forty-five ($45). Mr. Williams: Forty-five ($45). And they both have CPI escalations. Mr. Milian: Commissioner, let me explain that to you. The County actually was sent... The original contract was charging much more than the forty-five dollars ($45) they're charging at the present time. And that was one of the problems that they were having, is that a lot of the waste was moving into Broward County. However, in the demonstration that we have here, when you look at the savings that you will be generating by the better collection of the waste, when you look on a per ton basis, you have a much lower cost than what the County will do at the present time with the forty-five dollars ($45). And that's why you shall see that, in the first year, you will be having a three million dollars ($3,000,000) savings. Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Go ahead, Vice Mayor. Vice Mayor Gort: I have a question. Looking at the numbers you got here, and you answered one of the questions, you've calculated this at forty-five dollars ($45) a ton, with the County, right now? Mr. Milian: Right. Vice Mayor Gort: OK. The savings that I can see here, you're showing the salaries and wages and you also show the savings in the operations and expenses. Can you explain that? Mr. Milian: Well, basically what would happen is, and this is one of the things we already discussed with Ron Williams is: number one, there will be no need to separate the recyclable so you can eliminate that entirely because it would be collected. And, actually, the whole composting operation is recycling. In other words, it is accepted by the State as... You will have more than 70 percent recyclables in comparison to what you're having at the present of about four to six percent. So, that program can be eliminated because you will be collecting along with the other garbage collection. The trash collection actually will be... You will be able to reduce the amount of routes that you presently have because a lot of the yard waste can be taken also in the same truck. You will have to remain some other routes that are going to be enlarged in order to pick up all those items that are bulky, etc. So, we have assumed that you can reduce from 18 routes to five. Now, when that happens, your garbage pickup is going to be having a lot more volume so we are increasing, or recommending the increase, of seven routes on the garbage pickup. And that is when you combine the crew members that you have and the cost and the salaries and the... That is what reflects some of the savings. And I'm sure that Joe Vonasek probably can explain that better than I can. Mr. Vonasek: Sure. Essentially, you have the ability to gain an operating efficiency using this system. Because you can co -collect all the waste, you can eliminate separate collections for yard waste and for your recyclables. The recyclables basically, we can essentially do away with that 79 October 24, 1996 program. There is not that large a volume being separately collected at this point in time. Your mulching program on Virginia Key can be done away with because, essentially, you're going to turn out compost which is what you're trying to make on Virginia Key anyway. As yard waste there are items within, I believe, chapter 22 calls them "special handling waste," which are large bulky items that cannot be picked up. So, you cannot do entirely away with the trash program. The numbers that you see here, the projections allow for about 30 percent of the existing program to remain so that you can pick up those items. And, potentially some yard waste in areas where it is infeasible to run a co -collection route because of the volume. As it relates to garbage, MSW, you can co -collect but the addition weight, the volume of those other items, should exceed what your existing fleet and route numbers will allow. These numbers have been adapted so that they also allow for an expansion of that program for about an additional 30 percent. Vice Mayor Gort: Thank you. Mr. Williams: Mr. Mayor. Mayor Carollo: Go ahead. Mr. Williams: Just to respond further, and I'll be brief, to the Vice Mayor's concern, I did meet with Mr. Vonasek on this. And just in short summary, the difference in the operating costs are the reduction of approximately 15, I am sorry, reduction approximately 63 employees and the addition of routes which by my estimation, we're some place in agreement between seven and ten, we would have to buy at least seven to ten extra packers at approximately eighty thousand dollars ($80,000). So, that number could be as high as eight hundred thousand dollars ($800,000) in additional equipment and we would have to reduce the staffing by a minimum of 63 people to make this number work. And that, I think that's a fair summary of what they've got here to get the operating cost down, Mr. Mayor. And that's the line in particular that Vice Mayor Gort looked to. Mr. Vonasek: Essentially, I've just... Because I revisited that after our discussion. Really, the number goes down to about 45 net employee reductions. The issue as far as the number of routes and equipment, I think we went through that. If you're currently running 24 and you add about seven routes to it, based on what... the equipment list is there. You have the equipment but certainly there are some that, I'm sure, you'd rather newer equipment than what is in your fleet now as spares. Mr. Milian: One of the advantages that you are going to find and that was not entered into any of these calculations is, as you know, I've got a lot of condominiums that presently have to pay one hundred and fifty ($150) or two hundred dollars ($200) to collectors, you know, private haulers, just to separate the recyclables and with types of operations that will be eliminated. So, some of the, those who live in the condominiums will actually have a savings on a monthly basis for that private haulers. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes, Commissioner. Commissioner Regalado: So, the savings that we are going to have means that we are going to have to cut a certain number of employees of the Solid Waste Department, is that correct...? Mr. Williams: Yes. Commissioner Regalado: ... Mr. Williams? 80 October 24, 1996 IQ Mr. Williams: Yes. Commissioner Regalado: That's all I wanted to know. Mayor Carollo: Christina, can you give us some additional input on this? Since we had asked you to go over the contract and some of the figures they had given. Ms. Cuervo: Mr. Mayor and Commissioners, if you were to act on the amendment that they had put forward, and I don't know if that's really on the table now. If there is... I don't know it they are asking for any action now. But, based on what they've submitted in September and what was submitted by the Vice Mayor, I believe was an amendment to the agreement. Ron Williams has put forward an analysis which I think is appropriate and it's the right recommendation. Which is a recommendation for denial. If we were to make an amendment to the agreement and we were to vote on that, I would recommend that you go further and request other amendments in this contract at that time. If we are not going to amend the agreement, then, we just stand as we are today awaiting the million dollars ($1,000,000) until November 30th. And I would also recommend that you put them on a Notice of Default now. Mayor Carollo: OK. Let me ask a question of our Assistant City Attorney. They, of course, and what this is all about today, ladies and gentlemen, is not that we are negotiating a contract here today. This contract was negotiated over three years ago, when four of us were not sitting here. What they have done is tried to show or convince a majority of this Commission that this will, in fact, be good for the City of Miami and it will save money to the City of Miami. At the same time, what we are here today for is, really to decide one and only one issue, on whether they are going to pay us the million dollars ($1,000,000). That when they negotiated this contract since three years ago, they signed a contract that said that by November of this year, they will pay the first million dollars ($1,000,000) to the City. They want an extension to be given to them before they would have to pay the million dollars ($1,000,000) or at least the full amount. And this is the only issue at hand today. My question to you sir, is. Let's say that we approve any kind of version of an extension. Whether it's "X" amount per month they have to pay or any other kind of version that we come up with. What happens then, ten months from now if they still have not gotten all their permits and they are still not ready to go? Mr. Rafael O. Diaz (Deputy City Attorney): There are two possible scenarios. One has to do with our Interlocal with the County. And I have to mention that because that Interlocal ties this particular Bedminster agreement with the amendments that have been done to date to that agreement. In other words, as soon as we amend this agreement in any way, we would have to get the acquiescence of the County in order to make sure that we not be in default of that agreement, that's number one. Number two, ten months from now, we would be in the same place we are now. In other words, if they haven't gone forward, we have to at that point decide whether to terminate or to go forward. Mayor Carollo: OK. Mr. Milian: But, Mr. Mayor... Mayor Carollo: Arsenio, go ahead. Mr. Milian: ... I just want to point out that even though it has taken this long, it's not because of any negligence on our part. We have been pursuing these very strongly. At least the time that I have involved which has been almost a year, in obtaining all the permits, in negotiating with the County. One of the issues with the County is, once you divert some of the waste stream from the City of Miami, they are going to be experiencing some losses in their budget. Basically, when 81 October 24, 1996 E i } s J they charge forty-five dollars ($45) and in fact, the cost to them is about twenty-four fifty ($24.50) and therefore, when you multiply that times 1,50,000, it's a loss of about three million dollars ($3,000,000). So, we have had to be negotiating with the County in order to satisfy them that those three million dollar ($3,000,000) losses that they are going to be incurring in their ` Solid Waste program that we will be making it up by number one, it's a forty million dollar ($40,000,000) plant which will be generating a lot of taxes and a lot of other items. So we have been working with them into satisfying those concerns that they have. We have applied to all the different permits: from an air pollution permit, to storm water, to plant review, to changing zoning. It has been going on and on and sometimes, there are some restrictions that the County has imposed in finalizing these until we are able to satisfy those concerns that they have with regard to the financial impact. I think we are very close to resolving those issues. One of the major problems that we have was acquiring the land and changing the zoning and so on, and all of that has already been completed. So a lot of progress has been done but a lot of it also is related a lot of issues that are beyond our control. But, hopefully we will resolve this, and I think we are very close. We have been working with the County Manager in resolving... I think we are very close of satisfying those. And once that is completed, I think we can proceed very quickly with the construction. Mayor Carollo: One question that I have for the main principal, is the following. Your last request to this Commission is what exactly? Mr. Roger Tuttle: What we really wanted to do is, not amend the contract but extend the time in which the payment would be made from now until the beginning of September, 1997. Within the fiscal year, within your fiscal year. Mayor Carollo: Yes. So extend the payment that you have to make for one more year. Mr. Roger Tuttle: Well, but within your fiscal year, yes. Mayor Carollo: At the same time, according to the contract if you do not get all your final permits if... what I remember reading, you do not have to pay anything to the City of Miami. This is the present contract that you have. In other words, you could have us waiting for a year, if you don't get the final contract, we don't get our million dollars ($1,000,0000). Is this what.. I Mr. Roger Tuttle: Well I would. Yeah, I mean, one of the things that we've done, we've already spent a million three ($1,300,000). We'll probably spend four hundred thousand ($400,000) more in getting the permits concluded. 1, and there is probably some intermediate thought i process that's there. Mayor Carollo: All right, well let me ask you the following. If, and I understand why you do not want to open up any other parts of the contract, because there are areas that are very beneficial to you and not necessarily to the City. And you certainly are not going to get that deal again from this Commission. So, I could understand that. The... Mr. Tuttle: But we want to build the project for you. We want to build it for ourselves and we're planning on doing that. Mayor Carollo: But you see, this is the part that I cannot, for the life of me, comprehend. If this is so good; you want to build a project for everybody; you're almost there; then, what's another million dollars ($1,000,000) to you? Why don't you want to give it now, but you feel that you i could give it to us a year from us? Mr. Tuttle: Well, let me. One of the .things that, since I've been involved is, we've been working on... We have closed on all those issues that we have a capability of closing on and 82 October 24, 1996 x i have control over. I mean there have been in the past the number of the County... A number of County dilemmas that we've run across and we want to get passed that. I mean it's... There are two sides. I mean, I do understand your side, there is also the business side. We've already spent a lot of money on the project and we're trying to make sure... I Carollo: And we haven't gotten a penny of the project. You might have spent money, Mayor g P Y p J but we haven't gotten any. And normally if you want extensions, if you want the right to hold on to a contract, to a deal, to property, it's going to cost you. Mr. Tuttle: Right. Mayor Carollo: Or at least, it cost you everywhere else except in the City of Miami, the way things used to be. Mr. Tuttle: Right. Mayor Carollo: It's going to cost from here on now. Let me suggest something to you. Which is the mother company, the one that has the money, not the one that you could do a Chapter 11 on that won't have nothing to collect on the City's side? Mr. Tuttle: Well, Bedminster and Compost America. We're partners in it, both. Mayor Carollo: OK. Would you have any problems to, in putting either a surety bond or a letter of credit where the City would receive its full monies plus interest. Let's say, a million one hundred thousand dollars ($1,100,000). We will, if it's a letter of credit, we could cash in on it, one tenth for the next ten months. Say, one hundred and ten thousand dollars ($110,000), where the City would be fully guaranteed that whatever happens between you and the County, whomever else, we will receive our million dollars ($1,000,000) plus interest in the amount of one hundred thousand dollars ($100,000, which should be a little over ten percent. Maybe 11 percent if we calculate it. At the same time, having that contract signed by you with the City will be drawn up by our City Attorney's office whereas, at the end of this coming September, if you are not in operation, in other words, that you do not have finalized all the different zoning changes, all the different licenses, everything you need to start... Mr. Tuttle: Yeah, we would be in operation but we would close on what you're saying. Mayor Carollo: Yeah. Then you would immediately be at default. You will not challenge anything else on the City side and you would immediately walk away from it. Mr. Tuttle: And what you're suggesting is that the payments are made what, each month? Mayor Carollo: Well, I'll make it even easier for yyou. On a monthly basis for ten months, we will receive one hundred and ten thousand dollars (M0,000) each month which will make it one million one hundred thousand dollars ($1,100,000). That would have to be guaranteed, fully guaranteed. f Mr. Tuttle: Well, the surety. The surety is what we usually use. ti Mayor Carollo: Surety bond. Surety bond that we could collect on immediately if you do not, if you miss the first payment. It would have to be acceptable to the City Attorney, the way that it is done. Or a letter of credit that we can collect on it every month, one tenth of it. And at the same time, a full guarantee that it will be written by the City Attorney's office. Whereas, come September, if you do not have everything that you need to come on board, that's it. There no more time, you immediately lose all your rights. Not waiting 30 days for the City to notify you, or anything else. The game's over. 83 October 24, 1996 Mr. Tuttle: I think that's more than fair. I think that's good for the City. I think that's honorable for you to share that. I would even add probably another component, and that might well be ... Is to have some kind of ability to even enhance the payment by us to you of, I don't know ten, fifteen, twenty-five thousand dollars ($10,000, $15,000, $25,000) each month, if you can also use the services of your good office at the County level. Example is, our goal is to close. I want to start building this project. I want to start building the project in April. So... Mayor Carollo: I am sorry. I am not a lobbyist. I am not going to register as one. And if I would ever become one, I would charge a heck of a lot more than ten, fifteen thousand ($10,000, $15,000) a month. So that's one that if you want to give the City another ten, fifteen thousand ($10,000, $15,000) that's totally up to you. But, I am not going to be anybody's lobbyist. Now, from what I gather, you seem to be in favor of going forward in something like this. Mr. Tuttle: I think if we can craft the right language, I'm prepared to do that. Mayor Carollo: Now, if you are. This comes back to my next question, where you're willing to give us a letter of credit, or surety bond in order to get this done now, then how come you're not willing to give us the whole million ($1,000,000) now? If you are going to give us a contract, that you're going to pay us within ten months, one tenth, then, if you are not willing to do it now, what it's telling me is that you're pockets are not as deep as this Commission, that was sitting here three years ago, were told and that this really comes to a matter of dollars. Mr. Tuttle: No, I think each. It's all good, prudent business practices also. We're building five sites right now. We have five permits and... Mayor Carollo: It's got nothing to do with business practice. I mean, if you're going to give us a letter of credit... Mr. Tuttle: Well, let. No, the... Mayor Carollo: If you are going to give us a surety bond, that you're going to pay that money, where you are committed, you have to pay that money. Then, why you're not willing to give us the money, the full amount now? Mr. Tuttle: It's still good business practices. I've asked for that kind of capability and extension and I think that there is an ability for both the City of Miami to win and for us to win at the same time. It's being funded by Paine Webber. Paine Webber has been down here. We've shared that with a number of people so, the project has its project dollars when all of the permits are put in place. Mayor Carollo: Excuse me. Mr. Vice Mayor, can you run the meeting for another two or three minutes? I have to step out for one minute and take a phone call and you could have the other members of the Commission ask whatever questions they have. [At this point, Mayor Carollo left the Commission meeting at 4:11 p.m.) Vice Mayor Gort: Yes, sir. Well, the question was asked, what's the difference between making a payment today as making payment in installments? Mr. Tuttle: Excuse me? Vice Mayor Gort: I think the question that was asked is, what's the difference between making a payment today to making the payments in installments? 84 October 24, 1996 A Mr. Tuttle: Well, it's obviously a good business plan to be able to do it and that's our... We're making a commitment that's... You're helping the company and the company is helping the City at the same time. This is a program where we're paying for this project. We're spending the money, we're making a commitment to provide one million one hundred thousand dollars ($1,100,000) to the City. Other programs don't do that. We're doing that, and we're... That's part of the commitment that we've made. Vice Mayor Gort: Thank you. Any other questions? Ms. Christina Cuervo (Assistant City Manager): Do you want to...? Vice Mayor Gort: Yeah. Commissioner Plummer: Let me try to understand. Let me make sure I understand. You're going to pay this City, one hundred and ten thousand dollars ($110,000) a month... Mr. Tuttle: Right. Commissioner Plummer: ... for the next? Mr. Tuttle: "X" number of months, depending on how fast we... If I were to get all the permits and everything... Commissioner Plummer: Concluding, September the 30th, 1997? Mr. Tuttle: Yes. Commissioner Plummer: OK. And that at the end...? Mr. Tuttle: And that's the worst case. Commissioner Plummer: And if in default, you're going to provide a surety bond... Mr. Tuttle: Correct. Commissioner Plummer: That the City will not lose and money and we will collect our entire million one ($1,100,000)? Mr. Tuttle: Yes. Commissioner Plummer: Thank you. Well, excuse me, I say thank you. Now, does the Administration or the Law Department have a problem with that? Mr. Rafael O. Diaz (Deputy City Attorney): The only caveat that I would ask, that I would think you ought to make this a condition, or condition this by, is that the County acquiesce to a amendment to the interlocal agreement so that we would not be in violation of that agreement or in default in any way. If they are negotiating with the County and the County needs to give them the permits, you know, we ought to be... Mr. Tuttle: I've asked our legal staff whether that was the case. I understand your question and they thought that wasn't needed, but I understand why you're asking it and surely there's got to 1 be an answer to that. October 24, 1996 r Vice Mayor Gort: My understanding is that it's subject to be approved by the County. Mr. Diaz: That is correct. Subject to either the approval or an amendment to the Interlocal Agreement allowing this particular amendment. Mr. Ron E. Williams (Assistant City Manager): Mr. Vice Mayor? Vice Mayor Gort: Yes, sir. Mr. Williams: From the Administration, I've, I guess, a related question on the schedule. We now have in our contract a deadline, so to speak, an outside. Are we also extending that completion schedule? Ms. Cuervo: No. Vice Mayor Gort: I don't think so. Commissioner Regalado: Mr. Williams. Commissioner Plummer: Excuse me. Unless I'm mistaken, we're making one change and one change only. And that change is, rather than him coming with a big check next month, he will come with a ten percent of the check each month thereafter. Mr. Tuttle: Well, and the other difference is. I cannot show up with the check at the end of the month and nothing happens. I'm prepared to guarantee that by paying every month one hundred ten thousand dollars ($110,000), I'll be guaranteeing by a surety bond that those payments will be made. Commissioner Plummer: No, now let's don't play semantics. My understanding is. If we agreed now... Mr. Tuttle: Yes. Commissioner Plummer: ... you're obligated for one million one ($1,100,000) regardless. Mr. Tuttle: Exactly. That's what I said. If I said... If I said that's... I said the same thing. Correct. Commissioner Plummer: OK. Just so we... Mr. Tuttle: But, under the existing contract... Commissioner Plummer: What? If he's in default, he's in default. He... Ms. Cuervo: No. But he's saying that if he obtains all the permits, sooner than September... Mr. Tuttle: I'll pay everything off sooner. Ms. Cuervo: ... 30, 1997, you'll pay everything off sooner. Mr. Tuttle: Absolutely. Ms. Cuervo: It won't cut off then? OK, perfect. Then we're clear. OK. October 24, 1996 1-i Mr. Tuttle: So if I get all the permits by April 20th... Ms. Cuervo: Now... Mr. Tuttle: ... I'll pay all of the hundred, one million one hundred thousand dollars ($1,100,000). All at that time. Ms. Cuervo: I'd just like to ask one more thing is that, we need to have an outside date by when the County will give us approval. I mean, we can't be lingering on waiting for the County to approve this or not approve this. Mr. Tuttle: And one of the thoughts was, is also within the County, the County Commissioners' office and their staff and their legal department have the ability to give some advise over that. I've had someone checked on that issue, I'll get them to speak with you. Ms. Cuervo: OK, great. Mr. Williams: And just to be absolutely clear Mr. Tuttle, the plant completion date, the amendment effective date remains the same. Mr. Tuttle: Right. Ms. Cuervo: And... Mr. Diaz: Commissioners, we also need an outside date.. Ms. Cuervo: That's what I'm saying. Mr. Diaz: ... to negotiate this particular amendment. I would suggest no later than November 30th, since that is a date that we have now to... Ms. Cuervo: Right. Mr. Diaz: .. or sooner, as the outside date. Mr. Tuttle: Absolutely. Vice Mayor Gort: Excuse me, what was that again? Mr. Diaz: Right now, there's a date of termination of this agreement where either of the parties have to terminate by November 30th. I would suggest the Commission set an outside date before November 30th so that we can negotiate this particular agreement. Ms. Cuervo: Exactly. And get the approval from the County, the consent from the County by that date. Mr. Tuttle: If we need it, right. [At this point, Mayor Carollo entered the Commission meeting at 4:16 p.m.] Mayor Carollo: See, the thing that I'm saying is that we are going around in circles here. And what I am sensing that it's a lot posture here, to buy time. I, for the life of me cannot understand why they're willing to even give me, supposedly, a letter of credit or a surety bond, and they're not willing to pay the million dollars now. So, the only conclusion that I could come to is, either 87 October 24, 1996 �i they don't have the money for the full million now or I am being told that I am going to be given this because they know this cannot be done within a day or two or three to, hopefully, get beyond the election and then maybe there might be a change of heart. You know, I am... Commissioner Dunn: Mr. Mayor. Mr. Tuttle: No, I... Your honor, I disagree with that. The contract that's there in place now says that if we don't come up with the million dollars on a date certain, the whole thing is terminated. I am not required to come up with the money. I am required to come up with the money to continue on. What I am prepared to do, and you came up with a recommendation, is specifically... Mayor Carollo: I asked a question. Mr. Tuttle: ... guaranteeing that the all one million one hundred and ten thousand dollars ($1,110,000) will be paid with the surety. That helps from a business perspective of getting all of the pieces together to make sure that the project is successful. That's helpful to me and I am also guaranteeing to the City then, that in fact they will get their money. Mayor Carollo: But, how is it really helpful to you? The only way that it could be helpful to you is if you don't have the money now to pay the million dollars ($1,000,000). And, then, that's what really scares me. If you really don't have sufficient dollars now and you're stilling trying to put the piece together. Because businesswise it would be easier for you to pay the million dollars now. You could have saved all kinds costs and studies and plane fares and everything else, we won't be here today. Mr. Tuttle: Now, the surety bond. Our ability to put a surety bond up is significantly easy. Mayor Carollo: But what is not easy is to give us a million dollars ($1,000,000) in a check. Mr. Tuttle: No. That's related to doing business strategies month by month. And that's good for us and good for you and we have the ability to guarantee to you... Mayor Carollo: Well, what's... Mr. Tuttle: ... under that... Mayor Carollo: ... is good for us is to get the full million dollars ($1,000,000) in hand. Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Mr. Vice Mayor. Vice Mayor Gort: OK, what I've always said from the beginning, that I'll be in favor of this project for the benefit of the City. And if... If they can make a motion, that they have to live up to it I can assure you, I don't know what's going to happen in the election, if the election was for that. My commitment will be with that motion, and I would not ever change that motion. Mayor Carollo: Well, you're saying if there's a motion you'll be in favor of a motion? Vice Mayor Gort: Attaching that the million dollars ($1,000,000) will be paid, no matter what. And if they don't get the permit the City still gets the million dollars ($1,000,000). Mayor Carollo: OK, well let me make it easier for everybody. Let me make it easier for evervbodv. We have a contract thnt'c hindina The cnrect way that wP.'re anina mnlrP cnrn flint �i million dollars ($1,000,000) is paid right away is to throw the garland down. To make a motion that we start the clock if the million dollars ($1,000,00) is not paid, that we hold them in violation of the contract. Now, Mr. City Attorney, you tell us exactly how we need to word this motion so that we can start the clock ticking and make sure that they pay us our million dollars ($1,000,000). Mr. Rafael O. Diaz (District City Attorney): On the due date of the... Mayor Carollo: On the due date. Mr. Diaz: OK. The contract required a payment of one million dollars ($1,000,000) on September 1st of this past year. There is another clause that deals with conditions precedent and factually gave them until November 30th to make that payment. Mayor Carollo: Another 90 days? Mr. Diaz: No, another 60 days. Mayor Carollo: Well, September 1st you said was the first one. Mr. Diaz: September 1st. Ninety days, I am sorry. Mayor Carollo: September, October, November. Mr, Diaz, Another 90 days, Obviously, we're beyond September 10 now, Mayor Carollo: Absolutely. Mr. Diaz: So, what I will suggest is that you instruct Administration to send a letter of default based on that date of September 1st. And citing in that letter the November 30th date for final receipt of the payment, otherwise, we'll terminate the agreement. That's... Mayor Carollo: OK. My motion is to instruct the Administration, the City Attorney's office, to send a letter of default for the full payment of the one million dollars ($1,000,000) that are due to us, and if we do not receive payment of the million dollars ($1,000,000) by the last date due, November 30th, that they are found in default and that this contract would be terminated. As was originally designed. That is the motion that I am making. Vice Mayor Gort: There is a motion. Is there a second? Commissioner Dunn: Second. Vice Mayor Gort: It's moved and second. Discussion. Commissioner Plummer: What are we trying to accomplish here? Besides, getting the million dollars ($1,000,000) of course. Are we...? Mayor Carollo: That's the only thing in question today, J.L. There is nothing else. Commissioner Plummer: No, no. My question is, are we? Joe, if they are saying, well they haven't said they can't pay it. They haven't said that. Mayor Carollo: Well, the surest way to, you know, find out exactly if they are going to pay it or not pay it is by doing what I've done. Now, you know, I am. 89 October 24, 1996 W Commissioner Plummer: Well, just let's just ask the question, let's don't beat around the bush. You've heard the motion, OK. Mr. Tuttle: I have a board of directors, it's a public company. I will make the presentation to the board of directors. My, I assure you, I can get past the first idea that the Mayor had. I do not know that I can get past the other idea... Commissioner Plummer: Well, excuse me Mr. Tuttle: ... because it's a business strategy. Commissioner Plummer: I hear you. Mr. Tuttle: It's a business plan. Commissioner Plummer: I hear you, now listen to me. Mr. Tuttle: Yes. Commissioner Plummer: OK. Your deadline is November the 30th. OK? We meet again on the 21st? OK. What I'm saying to you, I am sure you can get together with your board of directors before the 21st of November. I think what you have heard here is probably what's going to fly, OK? And, I think you need to ask your board of directors if, in fact, they are going to come up with a million dollars ($1,000,000). Hey, the Mayor's motion is nothing more than saying "hey, what's there now, is what's going to be". Mayor Carollo: Commissioner, each time that we ask a question, I keep getting an answer that frankly is insulting, "that it's a business decision". Obviously it's a "business decision" for them not for us. It's a "business decision" that tells me that they either don't have the money or they are counting on something else. And frankly, I don't have the time, the patience, to keep playing around these games. They signed a contract several years ago, that was very beneficial to them. Where they agreed to pay the million dollars ($1,000,000) this November. They signed that contract. Nobody forced them to sign it. They signed it. Now, the time is up. Either, they pay us the million dollars ($1,000,000) or they're out. Commissioner Plummer: Well, I think the real bottom line is, do we want our... Can we get our money now, or can we get it within 11 months? Either way, as I understand a surety bond, we would be guaranteed that we would not lose. That's my understanding, OK. So, it's just a matter do we want our million dollars ($1,000,000) now, or do we let it go 11 months and collect ten percent interest, that really... Mayor Carollo: OK. Commissioner we want the whole million dollars ($1,000,000) now. It's not quite as simple as that. I asked the questions to see what kind of answers I will get and I think I've figured out the game plan here. But whether I have or not is really irrelevant. We have a contract. They have to come up with a million dollars. If... because their business plan tells them not to come up with it, fine. Our business plan says "we thank you for your time, we start afresh". There is a lot more things that we could do, if we know you're not here. You are not the only game in town. If this is such a great deal, I think you would have been running to give us the million dollars ($1,000,000) and make sure that you would not have to have made several trips to Miami. That you would not have had to have been here and spent several thousand dollars more in bringing people from Tallahassee or from wherever to present projections to us. So, I call the question Mr. Vice Mayor. 90 October 24, 1996 s: Vice Mayor Gort: OK, is there any other further discussion. Commissioner Dunn: Yes. Vice Mayor Gort: Yes, sir. Commissioner Dunn: Two points, I want to make to the Mayor, to the Commission and to the general public. When I was appointed by this Mayor, this Commission, I was unaware of the problems that we were having fiscally but after it was brought to our attention by a very capable Manager, Mr. Stierheim, we said, I said that one of the things that we would do was be consistent when it related to dollars and cents that were due to the City of Miami, that was number one. Number two, the second comment at least it was implied, I don't know if it's true or not, I can't answer it. The part about the political aspect of it. That, that burns me. That bothers me. And, I'm going to be Richard Dunn regardless of the outcome or whatever happens and I'm going to do what's right and what's best for the City of Miami, and that's why I second the motion. Vice Mayor Gort: Any further discussion? Commissioner Regalado: Yeah. Well, I heard everything that was said here this afternoon and I believe that if this company really is what these people say that it is, it can afford to pay the City of Miami, one million dollars ($1,000,000). Only 48 hours ago, Bell South gave the City of Miami a check for two million and some two hundred thousand dollars ($2,200,000). They believe that by doing that, they were helping the City of Miami out of its financial crisis. By doing that, the Chairman of the Board and members of the staff said to the press that was present that they hope that other companies will follow their lead and help the City of Miami. I figure that your being such a bib company, an important company, will not have any problem, if you have faith in the City of Miami to come up with the check for one million dollars ($1,000,000). It doesn't matter if we'll get it before November the 30th, or next week. I am sure that the board of directors of your company wants to do business in Miami and I'm sure that you will tell them, or they know already, that the City of Miami has a special situation. So, I figure that you will have the ability to go to the board of directors of your company and explain to them these unusual circumstances in which the City of Miami is. So they won't believe that we are trying to pressure them but that your company wants to be part of Miami in the future, and you're paying a lot of money to do that, will have faith in the City and would just go ahead and help the City as other companies have done in the past. Mr. Tuttle: And I think... May I comment? Commissioner Regalado: Sure. Mr. Tuttle: I think there's a difference between. I understand what you're saying and we want to help and there is no politics. I'm new, I'm here. I think there's, we are a young, very viable company. We are not Bell Tel, I mean, we're not Southern Bell so, if there was a compromise between the two alternatives that would be very good. But, I don't know the answer. Mayor Carollo: Well. Vice Mayor Gort: OK. Any further discussion. Commissioner Plummer: Well you know, it is unfor... not unfortunate but you have to understand where this City Commission is coming from, OK? We have a serious financial problem. You owe the money and all we're saying is, we are asking you to help us to help you. 91 October 24, 1996 1-i Mr. Tuttle: I understand that and I am trying to do that and if the board votes yes, that one thing. If it votes no. Then, it's no, and then, I guess, we're out of the contract and you don't have the million dollars ($1,000,000). The other way, you do have the million dollars ($1,000,000). So, I. Mayor Carollo: I'll assure you that, if we don't have your million dollars ($1,000,000), there are sufficient companies out there, that we could do other deals with, that we'll have more a million dollars ($1,000,000) in hand. So, the ball is in your court. But you know what I am not going to do, and this is why I laid the questions to you, kind of let you come in so that I know exactly where you were coming from. If one thing I had learned up in North Florida while quail hunting is how to flush a quail. And that's what I did here, I flushed a quail. The reason that you were willing to offer, to agree to anything but to give the million dollars ($1,000,000) now, it is because between now and a couple of weeks from now, there will be all kind of excuses why the letter of credit didn't come, why the surety bond couldn't be given? Why the contract couldn't be signed? That we had to go over the contract again, hoping against hope that there will be a change in this Commission and there ain't going to be no change. Mr. Tuttle: Well, I can only... Commissioner Regalado: Can I? [At this point, Commissioner Plummer exited the Commission meeting at 4:42 p.m.] Mr. Benages: Your honor? Mayor Carollo: Yes, sir. Mr. Benages: May I interject? Mayor Carollo: Sure, go ahead. Mr. Benages: The first time... Commissioner Plummer: Excuse me, I don't know... Vice Mayor Gort: Name and address for the record. Commissioner Plummer: Who are you sir? Mr. Benages: The name is Michael A. Benages, 1236 obispo Coral Gables, Florida. The first time that a date was mentioned, that put it beyond the runoff election, was the date suggested by your attorney of November 30th. That should address Commissioner Dunn's concern that this is political. It is not political. Mayor Carollo: It is my concern Mike... Mr. Benages: OK. Mayor Carollo: ... not Commissioner Dunn's. It's my concern for what I have been seeing. Mr. Benages: Your honor, if you're talking about putting a 14 days deadline to come up with an agreement, it is. You have a problem with 14 days? And you've asked a very good question. Why not come up with a million dollars ($1,000,000)? Why put up a surety? From a business perspective, your honor, there is a tremendous difference of putting out a million dollars 92 October 24, 1996 ($1,000,000) out of operational cash flow. A surety cost at best two to three points. And a surety bond would not be issued unless the company was capable of paying in a default. And you and I know, that the true situation here because of the difficulty of dealing with the County and the likelihood or non -likelihood within the ten month period to secure all of the permits, is that they're willing to give the County a guaranteed million one ($1,100,000) and it's a... you know, it's a crab shoot for them. Mayor Carollo: I could understand some of the problems they might have or they might encounter or might not encounter with the County. We can't control it Mike. Mr. Benages: No, but they are guaranteeing you the money. Mayor Carollo: That's the County. The only thing that we could control is the decisions that we make here. And my heart, my gut and my mind tells me that the best thing to do for the City of Miami is to throw the gauntlet now, so that we can either get the million dollars ($1,000,000) or it's over. Mr. Benages: May I ask a question? The way I understand is, there's a meeting on November 21st wherein the company will be able to come back and the board of directors will decide by then whether or not they are willing to take the gamble of giving you the million dollars ($1,000,000) on the 30th. Mayor Carollo: But if they are then... ! Mr. Benages: Now, the problem that I see with that theoretically, your honor, theoretically, because we're talking about what's good for the City of Miami, is that it only gives them the nine days to go back to the County, either the County Attorney's office or the County Commission, for them to accept whether or not and we're just putting out a time line here, Joe, whether or not it is an amendment needing ratification by the County Commission. What I am suggesting as an alternative, your honor, is within ten to fourteen days... Commissioner Plummer: Wait, wait, wait. Excuse me. I don't understand that. You're saying that if you come on, before the 30th with a check for one million dollars ($1,000,000)... Mr. Benages: That's not what I am saying, your honor. That's not... Commissioner Plummer: Oh, then I misunderstood you. Mr. Benages: What I am saying is if it's on November 21st, the board comes back and says "no". And then either the honor or Reverend Dunn, whom I'm sure will be here, come back with the alternative of guaranteeing the million one, ($1,100,000) which is what your honor, you offered, it only gives them nine days then, to play the... You know it's like we're playing Russian roulette both ways. And what I'm suggesting, your honor, is that everything can be done and secured prior to the primary election. You will have a surety bond which only takes two to three percent of their operating monies out of their available cash. They can go fight the dickens at the County. And even if they don't win, you will be getting one hundred and ten thousand dollars ($110,000) beginning on December 1st with a guarantee that if they are totally unsuccessful, after the tenth month period, you will have in your coffers, one million one ($1,100,000). I will guarantee you that if you throw them out on November 30th, by the time it takes for you to put out an RFP (Request for Proposals) or figure out whatever else you want to do with it, it will take a heck of a lot longer than ten months. And what I am suggesting, your honor is to guarantee the money, give them a chance. It's only ten months. 93 October 24, 1996 [A Mayor Carollo: No, Mike it's not ten months, it's 30 years. That's what the contract is for. And what we're talking about here is not just one million dollars ($1,000,000). We are talking about tens of millions of dollars. That is what's involved here. Mr. Benages: Your honor, there's no question. There's no question but, you yourself said that it is really a contract that was executed three years ago for which this Commission should not be held responsible and we're trying to figure out a way of accommodating the needs of the City of Miami and also the needs of these particular individuals who, for whatever reason entered into a contract with the City of Miami. Commissioner Dunn: May I. Let's take the politics out of it. OK, no politics. Mr. Benages: Please, please. Commissioner Dunn: All right. What's best for the City of Miami. Put yourself in our position. Right now we have a shortage of cash flow. There is an existing contract, correct? By right we are due one million dollars ($1,000,000). I'm asking the staff, asking you how can we come out for the good of the City...? Mr. Benages: Commissioner, let me tell you... Commissioner Dunn: ... on the request that you are proposing? Mr. Benages: Can I answer your question? Commissioner Dunn: Sure. Mr. Benages: What the City has right now is for them to go on, you get a million dollars ($1,000,000). They can decide not to go on. They will owe you nothing. You will collect nothing. The alternative that the Mayor proposed guarantees you, at least, from December 1st to September 30th, a stream of money into the coffers of the City of one hundred and ten thousand dollars ($110,000) a year. Commissioner Plummer: A month. Mr. Benages: A month. A month. It... Commissioner Dunn: OK, what are the guarantees that this will be acceptable by the County? Mr. Benages: Well, it's part of the agreement. If it can be executed, to get a letter of opinion from the attorney's office and if... Mayor Carollo: I don't think that's going to be a problem, Mike. Mr. Benages: Well, if it's not a problem, your honor, then... Mayor Carollo: I mean an amendment for the County is not a problem, but that's not a question. I mean if we were to have made a motion on that, I don't see any problem in the County approving that. We have a different motion at hand now. Mr. Benages: What I am suggesting is that you consider your original suggestion. Mayor Carollo: Well, what I was doing was bringing in the quail, flushing them out. And as far as... 94 October 24, 1996 [i Mr. Benages: Well, I think you've got the wrong quail flying. Mayor Carollo: No, no. Mr. Benages: And he may not have answered your questions. Mayor Carollo: No. Mr. Benages: And now you're getting them a little more clear, I think from me. Mayor Carollo: But I think I've got the picture pretty clear, overall. And I think few people really realize what the whole picture is. But, you know, we could be here talking about this, , until the end of the evening. It's not going to change my mind. I may not be the brightest guy around but, I assure you, I'm not the dumbest one around. And, I could add that 52 versus 45 with the County adds up to one hundred and fifty thousand times a year of one million fifty thousand dollars ($1,050,000) more that we pay. Now, I know that the argument is that we're going to save money in other ways... Mayor Carollo: and maybe we will save some money. But I also understand that for 30 years, I can begin negotiating deals right now, that will save the City of Miami a lot more, a lot more than the million dollars ($1,000,000) a year that, I guess, I understand we're not going to get because you all don't want to live up to the contract. Mr. Benages: Your honor, you and I have been friends for a long time... Mayor Carollo: And we will be, Mike. Mr. Benages: ...And you will be Mayor for more than five years. I would be willing to bet you that the landfills that exist today, that Dade County operates, have a very short life span. You cannot deceive yourself into thinking that 30 years from now you are going to be paying Dade County forty-five dollars ($45). It is absolutely absurd for even the County to suggest that. Mayor Carollo: Mike, we could even bring in companies that could get about 70 percent of our waste and convert it into energy, where they are fully approved by all the federal agencies, that they can sell it to FPL (Florida Power and Light) and we could make additional monies on. There are so many things that we can do right now. Mr. Benages: Are you sure that would pass air pollution concerns? Mayor Carollo: Absolutely. They've passed it in other area. They've passed them in Atlanta, Georgia. They've passed them out in Colorado and in other areas. There is tremendous amount of options the City of Miami has. This is not the only one that we have, and frankly, you know, I am not convinced on the numbers. Now, you know, the only thing that we realty had to discuss here was whether we get the million dollars ($1,000,000) or not, and the ball is in your corner. If you bring the million, ($1,000,000) we have to live to the terms of the contract. If we don't get the million dollars ($1,000,000), you know that's it. Call the question. Thank you, Mike. Vice Mayor Gort: OK, is there any further discussion? Being none, all in favor state so by saying "aye". The Commission (Collectively): Aye. t4 1 The following motion was introduced by Mayor Carollo, who moved its adoption: MOTION NO. 96-782 A MOTION INSTRUCTING THE ADMINISTRATION AND CITY ATTORNEY TO SEND A LETTER OF DEFAULT TO BEDMINSTER BIOCONVERSION CORPORATION, CITING THE ORIGINAL SEPTEMBER 30, 1996 deadline; FURTHER INSTRUCTING THE MANAGER TO NOTIFY SAID COMPANY THAT IF BY NOVEMBER 30, 1996 THE FULL PAYMENT OF $1,000,000 STIPULATED UNDER CONTRACT IS NOT PAID TO THE CITY OF MIAMI, SAID COMPANY WILL BE FOUND IN DEFAULT AND ITS CONTRACT WITH THE CITY WILL BE TERMINATED. (Note for the Record: A motion to reconsider Motion 96-782 failed by a unanimous vote.) Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. NOTE FOR THE RECORD: Commissioner Plummer entered the Commission meeting at 4:44 p.m. Although absent during roll call, Commissioner Plummer requested of the Clerk to show him in agreement with the motion. Mayor Carollo: Mr. City Attorney, now that the clock is ticking, and there has been a duly approved motion, is there anything else that could be done, in the future before November 30, to try to overturn this motion that we made? Mr. A. Quinn Jones, III (City Attorney): Well, depending on the outcome of the action that they're... Mayor Carollo: Well, what I am saying is. Mr. Jones: Yes. Mayor Carollo: Let's say that they don't pay the million dollars by November 30th, either before that or after November 30th. If they don't pay the million dollars ($1,000,000), are there any further motions that could be made by any member of this Commission to try to turn around what we just did today? Mr. Jones: Yeah. There could always be a motion at that time to reconsider the option that you've discussed earlier about the ten month payment. 96 October 24, 1996 �i Mayor Carollo: In other words, there could be a motion to reconsider. Am I correct? Mr. Jones: Yes. Mayor Carollo: And the motion to reconsider, can it be made more than one time or if you make it one time, reconsider, you can't bring it up again, can you? Mr. Jones: Well, it depends on when you make... You're talking about bringing it up today, or at a later date? Mayor Carollo: At a later date. Well... Mr. Jones: At a later. You could bring it up at a later date, a motion to reconsider. But you don't have anything, you really don't have a motion that was made, I don't think relative to the ten, that was just something for discussion purposes. If there had been a motion, a former motion made to actually vote on the ten month payment plan... Mayor Carollo: No, no. Not on that motion. Mr. Jones: OK. Mayor Carollo: I'm talking a motion to reconsider the motion that was made today, that they have to come up with the million dollars ($1,000,000). Commissioner Plummer: Within 30 days. Mr. Jones: Yeah, you could make a motion at a future time to, at a future meeting to reconsider. Mayor Carollo: night. But my question is... Commissioner Plummer: It has to be within 30 days. Mayor Carollo: ... if a motion will be made before the meeting is over to reconsider today... Mr. Jones: OK. Mayor Carollo: ... and it fails again. Mr. Jones: Yes. Mayor Carollo: Can it, then, be brought up at a following meeting? Mr. Jones: No. Under Mason's Rules, no. Mayor Carollo: OK, then I am going to make a motion to reconsider my previous motion. So this could... Either we get the million dollars ($1,000,000) once and for all or this is going to be super dead. I make a motion to reconsider, my motion. Vice Mayor Gort: Second. Mayor Carollo: There is a motion. Vice Mayor Gort: And a second. 97 October 24, 1996 �i hY� Mayor Carollo: And a second by Vice Mayor Gort. Commissioner Plummer: At a later date? Mr. Jones: No, he's talking about now. Mayor Carollo: Commissioner Plummer can you call the roll, please? Commissioner Plummer: Yeah, sure. No problem. Call the roll. Mr. Foeman: Roll call. Thereupon the hereinabove motion, which was moved by Mayor Carollo and seconded by Vice Mayor Gort failed by the following vote: AYES: None. NAYS: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo ABSENT: None. Mayor Carollo: OK. So this issue can't be brought up again. So, either we get the million dollars ($1,000,000) or it's a dead issue. Commissioner Plummer: I thought any issue could be brought up within 30 days. Mr. Jones: Yep. Mayor Carollo: OK, next. Commissioner Plummer: Well, just so. Let's get this straight because maybe I don't know Robert's Rules of Order. Mr. Jones: No, we are Masons. Mayor Carollo: Mason's. Commissioner Plummer: Mason. I am a Catholic but I still go by the Mason's Rules. OK, are you saying. Commissioner Plummer: Because I was always under the impression, a motion to reconsider could be within 30 days. Are you saying? Mr. Jones: No, under Mason's it doesn't speak to any period of time. Commissioner Plummer: All right. Mr. Jones: OK. October 24, 1996 i i i i I r i f FA Commissioner Plummer: The question I've asked or tried to ask before. Are you saying that it is possible to bring it back on the 21st? Mr. Jones: No. no. You have already reconsidered it. Mayor Carollo: We already reconsidered it. Commissioner Plummer: OK. Then I understand. Yeah, all right. Never declared to be a parliamentarian. ---------------------------------------------------------------------------------------------------------------- 15 DECLARE EXEMPTION FROM PROHIBITIONS OF CODE CHAPTER 36- 4(A) -- APPROVE REQUESTED TO PLACE BASED ON PATIO OF TAURUS RESTAURANT, AT 3540 MAIN HIGHWAY, FOR 10/31/96 (HALLOWEEN); 12/29/96 (MANGO STRUTT); 4/19/97 (TASTE OF GROVE); 2/16/97 (ARTS FESTIVAL) - FURTHER STIPULATE - NO TRUMPETS IN THE BAND; TAURUS IS TO BARRICADE PARKING AND MUST HAVE ADEQUATE INSURANCE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Thank you. I thought I was going the right way. I wanted to be sure. Item seven. Mr. Wilson. Mr. Bruce Wilson: Good afternoon. Mayor Carollo: Go ahead. Mr. Bruce Wilson: Mr. Mayor, honorable Commissioners. My name is Bruce Wilson, I live 4330 Lennox Drive, Coconut Grove. I am the owner of the Taurus located at Franklin. The corner of Franklin Avenue and Main Highway. Commissioner Plummer: Can I stop you for one minute? Mr. Wilson: Yes, sir. Commissioner Plummer: Mr. Tucker Gibbs you're representing I think one of the other people. Mr. Tucker Gibbs: Yes. Commissioner Plummer: Have you seen his compromise...? Mr. Gibbs: Yes, I have. Commissioner Plummer: You have seen it? Mr. Gibbs: Yes, I have. Commissioner Plummer: OK, I just wanted to make sure he had seen it. Proceed. Mr. Wilson: The good news is, this is not about money. It's not about any cost to the City of Miami. Hopefully, it's about something that is just an enhancement for why people come to 99 October 24, 1996 [i M !p Coconut Grove. And as... Last week, we had originally proposed using some of the parking spaces in front of our place which was City property. There were a number of objections posed by that, by both the neighbors, the police and the NET (Neighborhood Enhancement Teams) office. As a result, we visited with the Police, the NET offices and some of the neighbors in an effort to try and come to some compromise at the direction of Commissioner Plummer. This thing is about the spirit of the Grove and the special events that take place here and the Taurus having a long time history in participating in this revelry. We're asking that the... That we be allowed to have a band outside, on our patio, within the confines, fenced confines of our own property on four occasions. Those four occasions are this coming Halloween night, a week from today, from 8:00 p.m. to 11:00 p.m. And the band, the Mango Strut. Immediately following the Mango Strut, again on our patio from 2:00 p.m. to dark and a band on our patio again, A Taste to Grove, on January 19th 1997, from 2:00 p.m. to dark and permission to have one during the Coconut Grove's Art Festival from 3:00 p.m. to dark on Sunday, February 16th. We are not asking for any assistance or any use of any property, other than our own. What we're asking for a resolution to declare an exemption from the prohibitions contained in the Miami City Code, Chapters 36.4 declaring them inapplicable on these special occasions. This is provided for and envisioned in the Code when it was written. We certainly feel that these occasions are of special nature and that a band will only facilitate the, flow of traffic in and around the Taurus itself. We could do this without coming here for a resolution, but as a result of the meetings we've had with the Police and the neighbors in the past, the police have requested that in order to make their job easier as interpretation. of this Code is a bit difficult, that they would prefer that we come to you for a resolution. After we had a meeting in February, 1996 with the neighbors and the Police at the request of Lt. Columbo, we have had 181 nights or afternoon of music without a single incident or complaint from one resident or from the Police. We took some measures to more carefully select the bands. We took measures to insulate the sound, keep our windows closed and generally police the noise level. I think that shows we know how to do it and we would like to be able to continue to do that without the police having any necessity to come over and talk to us because we are violating the ordinance. There are a number of neighbors, whom I have spoken to, who unfortunately could not afford the time to come down here. I spoke to 11 of our 25 closest neighbors and they don't feel there's any reason we can't do this. Some of them have given me letters, saying they've never been disturbed, others have said they've never been aware of a problem. Others say they haven't heard the music, except the one time we made a little noise on the Taste of the Grove. We had some trumpets in the band and that was clearly a mistake. So it comes down to a couple of residents that are complaining. One of whom has his bedroom on Main Highway and I think that there's a lot of noise that the Taurus doesn't necessarily make, that he would like to hold us responsible for. So the NET office has indicated that they are going to side with the neighbors, but I don't know if the NET office has polled all the neighbors as we have done. And, exactly who the neighbors are, I'm not sure at this point. So, you know, it's real tough out here in the Grove. I think you know that. The South end of the Grove is suffering some problems. Certainly, we don't want to turn the South end of the Grove into Commodore Plaza where there are plenty of vacant spaces and lots of trouble. Franklin Avenue, despite the fine efforts of the police had 145 break-ins around that edge. Our customers are kind of concerned about coming. The police have done a wonderful job of curtailing that. It's better this year than last year but our insurance has tripled. Insurance companies really feel kind of worried about that. And, you know, 30 to 40,000 people are going up there on Halloween night whether the Taurus has a band or not. And there is going to be noise and there will be a disturbance and I don't think that our request is unreasonable especially in light of the fact we've managed to have 181 gigs in the last nine months and have not generate one single complaint. So, I would ask you to please consider this favorably. The NET office also indicated that we are in a residential area. Well, the Taurus has been there as a commercial venture since 1919. We are not in a residential area and you know, it's clearly commercial. We're taxed commercially and we're operating under a commercial... one of the auspices of a commercial operation. And I thank you for considering this. 100 October 24, 1996 r Commissioner Regalado: Mr. Wilson, can you assure this Commission that it will not be a danger in terms of traffic or pedestrians or any accident that could happen? I mean, you're using two parking lots, right in front. Mr. Wilson: No, sir. Commissioner Regalado: I mean two spaces. Mr. Wilson: No, sir. We withdrew that last week based on the concerns of the NET office... Commissioner Regalado: OK. Mr. Wilson: We are only using our patio. People pass in the streets, and I don't know what the plans of the police are to block off the street. Sometimes they block in front of our place. Sometimes they move down and block it at the playhouse and I don't think anybody has made a decision on that yet. Commissioner Regalado: OK. What we had here was two parking spaces. Mr. Wilson: Right. But I withdrew that, and the modified request doesn't have anything to do with any parking spaces at all. The band will be on our property within our fence, on our patio. So the parking spaces are not an issue. Commissioner Regalado: So, it's not an issue? Mr. Wilson: No, sir. Commissioner Regalado: The parking spaces. So the safety issue is gone? Mr. Wilson: Yes, sir. That's correct. Commissioner Regalado: And the noise level? I mean, do you have any other point of reference of that... Mr. Wilson; Well, the noise ordinance says that you cannot hear audible sounds more than 100 feet from the corner of a property. Commissioner Regalado: Uh-huh. Mr. Wilson; I think if you and I Commissioner Regalado were to have a conversation in loud voices on our property, you can hear it more than 100 feet away. I think it's not too realistic to think that you wouldn't here it a little bit further. We had our problems with the residents. The biggest problem we had was when we had some trumpets in the band, and trumpets really carry. Commissioner Regalado: Uh-huh. Mr. Wilson: But I have been down to David Swepland's (phonetic) front yard on many occasions that Taurus has been operating and playing music, and at his place I can only hear Monty's which is someway up the bay. I never hear the Taurus. He is almost a quarter of a mile away from us. And I understand that David Swepland is one of the complainants here, or he has been fairly vocal. But I don't believe he heard anything except the day we had some trumpets out there and that was a mistake. Mayor Carollo: Tucker, you're on. 1.01 October 24, 1996 �i Mr. Tucker Gibbs: Yeah, OK. My name is Tucker Gibbs, I represent Phillip and Linda Corey who live at 3507 Main Highway, which is across the street. They oppose this waiver and this exemption, and there are several reasons. Primarily, they live in a residential neighborhood and the Taurus Restaurant is surrounded on three sides by residential zoning. They have a right, living in a residential neighborhood, for the quite use and enjoyment of their property. There is also no compelling public need to grant this exemption. This gentleman is talking about all the festivals. Every festival he's mentioned and every event does not take place on that end of Coconut. Grove. And there is reason for that. Mr. Plummer has been involved in the Arts Festival and I know he's aware of the hassles the Art Festival had, when it originally was in the center part of the Grove with traffic and noise and everything else. The Art Festival is now on McFarlain Road and down South Bayshore Drive because it's a lot more room. It can accommodate more people. And the effect of the noise is a lot less on the surrounding residential neighborhood. The other reason is to allow this to happen here at the Taurus brings all that closer to the residential neighborhood, unnecessarily. The other one is that the exemption would open the flood gates of similar requests. If you look at this provision in the ordinance, it talks about the City Commission being able to grant an exemption from the prohibitions contained in paragraph A, above which is what he's talking about. There are no standards. If you grant him this exemption because of what he told you, what it could mean is that anybody else who wants this exemption can come in front of you, and you all can give it or not give it to him or her. There are no standards for you to apply. There are no rules for you to apply. And this is very broad language, and it's language that can get you in trouble. Because if you give it to this gentleman tonight, and you don't give it to Silvano for example, who owns Green Street's Cafe, or Sharkies or the Tavern in the Grove or somebody else on Commodore Plaza, then they come back at you and say "Wait a minute, there are no standards. You're applying this arbitrarily and capriciously." Let's see what else? The dates thatTaurus wnats are the busiest Grove dates for activities each year. It moves the noise, as I said, from McFarlain which is in the center of the village center to the side. There are other code provisions in the City code besides the noise ordinance to deal with these issues. And they deal with this issues to try to protect the public. And I just wanted to site you three ordinances. The Nuisance Abatement Ordinace specifically refers back to this Noise Ordinance. If there are five verified complaints of noise from any location. From the Police Department, that could go in front of the nuisance abatement Board to close down the business. That's how serious you all as a City Commission take noise in the community. You can't get a CO or CU for liquor sales within 500 feet of a residential neighborhood. And that provision, that's 4-11 says "businesses must be conducted to prevent emissions of sounds vibrations and odors." I understand this is a grandfathered use. But the point I'm trying to make is, you all have ordinances that are trying to protect the residents from noise. Our Section 54116 deals with "Sidewalk Cafes." And this is of particular interest because of the location he seeks to have this 'nand on. No entertainments or sound amplifiers within or adjacent to sidewalks that causes persons to accumulate and obstruct the sidewalk. If you all know the Taurus and you know how you get into the Taurus, it's the narrowest sidewalk I know of. If you're trying to get people to come in there, you are going to guarantee with a band in that patio, people congregating on the sidewalk probably congregating on the street, which increases a liability problem to the City. For these reasons, and the basic reason. These are people who own houses in a residential neighborhood, please do not grant this exemption. Thank you. One last thing. I do know that staff has recommended to deny this. They've been in contact with the neighbors and I urge you to support your staff recommendation. Mayor Carollo: What neighbors are you representing, Tucker? Mr. Gibbs: I represent Mr. and Mrs. Phillip Corey who live at 3507 Main Highway. Right there on Main Highway, across the street. 102 October 24, 1996 r Mayor Carollo: Right across the street, then.? Mr. Gibbs: Yes. I think he may be the gentleman you're talking about who has the bedroom, I am not sure. Mr. Wilson: Mr. Corey's bedroom is on Main Highway. Mr. Gibbs: OK. Mr. Wilson: That's right. I live in a home that's one house off the Main Highway, you honor. And I live in my back bedroom for that reason. I mean, I don't live on Main Highway, which... makes a lot of sense. Mr. Gibbs: That's OK. I Mr. Wilson: If I could respond to Mr. Tucker's remarks. We have commercial, the street and two sides are commercial usage. We only have residences behind our back parking lot. I have spoken to back there. They never have had a complaint about our noise and I don't see why they would in the future. The noise ordinance does not talk about a compelling public need. It applies here. The noise at the Taste of the Grove sounds like a good word, but I don't think it and the Arts Festival, this past year, was louder outside Phil Corey's window than the music we had coming out of the Taurus. So, it's question of where you hear the sound from. I mean, the festivals when they're down in Peacock Park and if the wind's blowing in the right direction, it's extraordinarily loud. You're not giving an exemption to somebody you say, at the Green Streets, they haven't got any property within the whole to hold their land. Their property is the streets you've given them and the sidewalks them the right to use. And the fact that the sidewalk is a small, narrow sidewalk is only because Dave Hill was good enough to give you a sidewalk to begin with because Taurus has been there so long, it owned out into the right-of-way and you've relinquished that some years ago. So you would have some Modecum of a sidewalk. That's the reason it's so tiny. You know, you didn't have to give it up. The road is frequently closed there and I've spoken to Lt. Columbo of the Police Department and he, as I say, they do not know exactly what they're going to do and it changes from time to time. Sometime the road is closed in front of the Taurus, sometimes the road is closed at Franklin. It's you know, it depends on the events and what's going on. And I don't think they have formulated a plan on that at this point in time. Ms. Esther Armbrister: Good afternoon, I want you to know that I live at 3350 Charles Avenue and the dead end of my house is the raw road. And when they have those activities up there in the Grove at the Taurus and right around the corner, there's another place, they park in the rear. And we hear at all hours out there, half of night, with them blowing their darn gone horns and jumping my fence because you won't allow me to put some barb wires up there, and that will keep them out. So, they just jump my fence and go on down the streets and come back round again. The noise is too loud. And, why they've got to go outside, I don't know. That's children's stuff. Why can't they keep it inside? And I don't know who all the neighbors were, but they certainly weren't me, you know, and I think I am a neighbor. Thank you. Mayor Carollo: Thank you. Mr. Manueal Gonzalez-Goenaga: Well the. Let's, my suggestion is that we arrive at a solomonic decision. If the music is like the "Macarena" that even President Clinton and Dole are dancing it. Then, I will be in favor of hearing the "Macarena." If it is el venado that has caused a lot of struggle in the Dominican Republic, and Puerto Rico it is a different story. So, let's allow the "Macarena." Everybody loves it right now. Thank you. 103 October 24, 1996 r Mr. Gibbs: I love the idea of the "Macarena" inside. Mayor Carollo: What is the will of the Commission? Commissioner Plummer: Dammed if you don't. Now, I. Hey, look Phil Corey is a dammed good friend of mine. I eat at the Taurus, OK? Let me tell you what I recognize and I think Phil Corey even recognizes. Coconut Grove is hurting. Coconut Grove is hurting and if we don't do something in Coconut Grove to help the businesses down there, within reason, OK? I am not being unreasonable, we are going to continue to loose everything to South Beach as we have been for the last period of time. When this thing came before us before, it was in my estimation, unreasonable. And that's when he asked me, what should he do, and I said "try to reach an area of compromise." Now, I think that they have reached an area of compromise. I don't think this is that far out of line, all right. Now, you will never convince me that when they have a concert over in Peacock Park with amplifiers bigger than this building, that Phil Corey doesn't have a vibrating bed, OK. Mr. Gibbs: But do you add to it? Do you add to it? Commissioner Plummer: Now, woo, woo, woo. Now we are not talking about every night. We're talking about an event, and I'm only worried about one out of the four and that is the one that goes from 8:00 p.m. to 11:00. That's the one I'm worried about. The others from three in the afternoon until dark, ah, ah. I'm sorry, the Dolphin games makes more noise than that, all right? I got to tell you something. I'll probably get my head beat in by Phil Corey but I am going to ask him as a good citizen to let's try it one time. If it does not prove to be what it should be and they don't play by the rules and they don't be fair to their neighbors, you know, maybe they'll invite Phil Corey over for a drink, all right? Hey, I am going to say Mr. Mayor, my motion is to approve what is before us today and we don't in the form of a resolution, but it's the permission for Halloween night from eight to eleven; Mangro Strut from two until dark, Taste of the Grove from 2: p.m. till dark and the final one is the Coconut Grove Arts Festival from 3:00 p.m. until dark, OK? Now, Mr. Wilson, no trumpet. Mr. Wilson: No trumpets, you bet. Commissioner Plummer: No, no. no. I am being dead serious on you, OK. Mr. Wilson: UH-huh. Commissioner Plummer: I am being dead serious. You are going to maybe want to come back on a future date and do more. Mr. Wilson: I would have to come back for next year. Commissioner Plummer: I am saying to you, govern yourself accordingly. Mr. Wilson: Thank you, sir. Mayor Carollo: There is a motion by Commissioner Plummer. Commissioner Regalado: Just a comment, Mr. Mayor. Mayor Carollo: Yes. Commissioner Regalado: On Halloween night, you are going on to midnight, right? 104 October 24, 1996 [i Mr. Wilson: No. sir. We are going until eleven. Vice Mayor Gort: No, eleven Mayor Carollo: Eleven. Mr. Wilson: On the revised... On the revised, 11 o'clock. Commissioner Regalado: OK, 11:30. Your letter said, midnight. Mr. Wilson: And then Phil Corey asked me if I could take it from 12 to 11, and I made that accommodation to him. I think there will be people still on the streets after 12, but we won't be playing outside. Mayor Carollo: Yeah. Fair compromise, I think. Vice Mayor Gort: For the sake of discussion, I'll second the motion. I have two questions. Mayor Carollo: A motion, there's a second. Vice Mayor Gort: My understanding is that you're no longer going to use the streets. Mr. Wilson: That is correct. Vice Mayor Gort: That's on the proposal here. Mr. Wilson: That is correct. We do, however, traditionally always for those festivals rent from Off-street Parking the four parking meters immediately in front of the Taurus. And that's so people don't loiter, sit on other people's cars and generally create a mess out there. It's easier for us to clean the street. It's easier for us to make sure that everything out there, if anybody is passing by. And it gives room for people to walk in that area. Vice Mayor Gort: The reason I asked the question is because Police have a problem with safety. Somebody stepping out. My suggestion is, J.L., if you make this part of your motion that you provide a barricade to make sure that nobody would step into the street as traffic is going by. Mr. Wilson: Well, we can provide a barricade. It's just going to make the sidewalk about two feet wide. The sidewalk... Vice Mayor Gort: I am talking about barricading the parking. Mr. Wilson: Well, you mean go out, rent the parking spaces and put a barricade? Vice Mayor Gort: That's correct. You're going to rent it anyway. Put the barricade at the perimeter of the parking. Mr. Wilson: I'll be happy to do that. Vice Mayor Gort: This way it protects the Police so that no one will step on the right-of-way of the traffic. Commissioner Plummer: What? Oh, yeah. Well, you know... Vice Mayor Gort: And also my understanding... 105 October 24, 1996 1i E 1 � i Commissioner Plummer: ... the point. I am sorry. Vice Mayor Gort: ... all the insurance that would go along with the City's request. If you amend that J.L., I will take it as a second. i Commissioner Plummer: I have no problem with that at all. Mayor Carollo: All right, there's a motion. Commissioner Plummer: The only I... It's a mixed bag here. Insurance for what? Mr. A. Quinn Jones, I11, Esq. (City Manager): I think the City should be coinsured on anything because if there are any injuries whatever on that street, or on City property, we are going to be, you know, even though the meters, the spaces are maintained by Off-street Parking, it's still... Mayor Carollo: Well, what I think you need to probably do is, it's going to be so expensive and time consuming that he is not going to be able to get it on his policy. Between now and then and the cost... Mr. Wilson: I am not so sure your honor, that they would even write me a policy... Mayor Carollo: Yeah. Mr. Wilson: ... insuring against anything that happened on the City of Miami streets in front of the Taurus. Commissioner Plummer: I still don't understand what you're trying to insure. Mr. Jones: If anyone getting hurt. Commissioner Plummer: If anybody gets hurt and it's on the street, it is not our liability. Ms. Christina Cuervo (Assistant City Manager): Yes, it is. Mr. Jones: It is. Vice Mayor Gort: Yes, it is. Mr. Jones: It is our liability. Ms. Cuervo: We're asking for liability insurance. Commissioner Plummer: Well, would somebody, please explain what you're looking for? I mean, so the man doesn't walk out the door scratching his head wondering what is he going to do or how can he do it, or what can he do? I mean what are you going to require of him? No wonder we're loosing businesses. Mr. Jones: Yes, Commissioner. Commissioner Plummer: The question... i Mr. Jones: Yes, you can have them provide coverage that's acceptable to Risk Management. FA Commissioner Plummer: Yeah, but no, no, no. I want him to walk out the door now. Is he going to have to provide a policy that's going to...? The City provides insurance liability. Ms. Cuervo: Yeah, we. Right now when people use our sidewalks, we require they provide insurance. And that's subject to Risk Management's approval and it provides us liability coverage. And I believe Public Works right now currently administers that. So we could do the same thing here. Commissioner Plummer: Yeah, but how much? Ms. Cuervo: Well, I don't know. Mr. Jones: We don't know. I mean that's something that has to be determined. Commissioner Plummer: Yeah, determined. Mr. Wilson: But I am not using your street, any more than I would be if people were driving up and pulling in. We are not putting anything on your street. Ms. Cuervo: But you are using a parking space that... Mr. Wilson: No, we are not. We say that we rent the parking spaces so that there aren't any cars in front. And from a safety point of view, we think it's a better deal. Ms. Cuervo: Well... Mr. Wilson: We do not rent the parking spaces. Stay in our spot, and let the street take care of itself. Ms. Cuervo: ... I think that what we're recommending is, that we get insurance in connection with the rental spaces... Mr. Wilson: Yes. Ms. Cuervo: ... If people do go through there or not, and for liability coverage. Commissioner Plummer: Christina, look. How much? If you are talking about it's going to cost him five or six hundred dollars ($500 to $600) to get that insurance policy, then forget it. It doesn't benefit him. Mr. Wilson: Mr. Plummer. Ms. Cuervo: Commissioner, I think that we've done this with other people, let us sit down with Risk Management. I can't answer the question right now but other people have given it to us, so I am sure that it has to be something within reason. So let us meet with... Commissioner Plummer: What about if lie puts a barricade at the curb? Unidentified Speaker: It's a sidewalk. Ms. Cuervo: Well, then, if he wants to give us a "hold harmless." Can he give us a "hold harmless" instead of giving us the insurance? Then we can request that. Commissioner Plummer: Well... 107 October 24,1996 I. A N W Mr. Wilson: But, but... Commissioner Plummer: That's rolling the dice. Mr. Gibbs: Mr. Plummer. Mr. Mayor, may I make a comment? Mr. Wilson: A "hold harmless" for what? To what extent? Ms. Cuervo: I think... Mayor Carollo: Well. Commissioner Plummer: "Hold harmless." If somebody sues us... Ms. Cuervo: Exactly... Mayor Carollo: Gentlemen, we've got to bring this to a conclusion. We've got a lot of items, a lot of people here. Ms. Cuervo: Why don't you work with the administration and we'll go to Risk Management and see what the policy is. I don't believe anybody from Risk Management is here right now. If you want, we can table this and we can, you can consult with somebody on our staff and then we can bring it back. Mayor Carollo: You could bring it back at the end of the meeting, if you like. Ms. Cuervo: Exactly. Would you like to do that? Commissioner Plummer: Well Joe, why do that? Mr. Wilson: We can try. i Mayor Carollo: Before midnight. By eleven. Commissioner Plummer: Why, do that? If we are going to go ahead and approve it, he either has to provide it or he doesn't. I mean, so let's approve it and why bring it back? i i Mayor Carollo: All right. f Commissioner Plummer: I don't see any other way, OK. I Mayor Carollo: All right. All in favor, signify by saying "aye." z The Commission (Collectively): Aye. f Commissioner Plummer: OK. Mayor Carollo: Win some, you lose some. t Commissioner Plummer: The motion is to approve subject to the provisions... p: Commissioner Dunn: City. re�►� W Commissioner Plummer: ... of Vice -Mayor Gort and subject to insurance. Let's move on. Mayor Carollo: OK. Ms. Cuervo: I don't. Let's move on. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-783 A MOTION DECLARING AN EXEMPTION FROM PROHIBITIONS CONTAINED IN MIAMI CITY CODE CHAPTER 36-4(a) AND APPROVING REQUEST MADE BY THE TAURUS RESTAURANT, 3540 MAIN HIGHWAY, IN COCONUT GROVE FOR PERMISSION TO PLACE A FOUR OR FIVE PIECE BAND ON THE PATIO AREA WITHIN SAID PROPERTY ON THE FOLLOWING DATES: THURSDAY, OCTOBER 31, 1996 (HALLOWEEN) FROM 8 P.M. TO 11 P.M. SUNDAY, DECEMBER 29, 1997 (MANGO STRUT)FROM 2 P.M. TO DARK; SUNDAY, JANUARY 19, 1997 (TASTE OF THE GROVE) FROM 2 P.M. TO DARK. SUNDAY, FEBRUARY 16, 1997 (COCONUT GROVE ARTS FESTIVAL) FROM 3 P.M. TO DARK; FURTHER CONDITIONING THE ABOVE REQUEST TO HAVING NO TRUMPETS USED BY ANY BAND PLAYING DURING THE ABOVE - MENTIONED DATES AT THE TAURUS; FURTHER STIPULATING THAT TAURUS IS TO BARRICADE THE FOUR PARKING SPACES IMMEDIATELY IN FRONT OF THE TAURUS RESTAURANT TO PREVENT PEDESTRIANS FROM STEPPING INTO TRAFFIC; AND FURTHER REQUIRING TAURUS RESTAURANT TO PROVIDE ADEQUATE INSURANCE AS REQUIRED BY THE CITY'S RISK MANAGEMENT DIVISION. Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 16. APPROVE REQUEST BY CENTRAL SHOPPING PLAZA MERCHANTS ASSOCIATION -- FOR PERMISSION TO HOST AMUSEMENT RIDES FROM 10/25/96 TO 11/3/96 -- FURTHER, WAIVE NOISE ORDINANCE ON 10/25 AND 10/26 UNTIL 1:00 A.M. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: All right. Let's get down to item 8. I think this should be a quick one. I hope it is. Ms. Christina Cuetvo (Assistant City Manager): The Administration is recommending approval with conditions. 109 October 24, 1996 Vice Mayor Gort: Move it. Commissioner Dunn: Second. Mayor Carollo: Is there anyone that wants to speak on it? Commissioner Plummer: The only question I have on this, is the same question here that we have. Christina. Ms. Cuervo: I am sorry. Can you repeat your question? Commissioner Plummer: Are all the rules still in effect about noise? Are all the rules still in effect about no living, that none of the people can be living on the facility? Ms. Cuervo: "Yes, sir. Commissioner Plummer: There's about 18 different rules. And they are very much aware of those 18... Ms. Cuervo: Now, one of the conditions is that the noise ordinance be waived until Monday, due to the proximity to the residential areas. So that's one of the conditions on our approval. But it's only waived until Monday. Mayor Carollo: OK 1 Commissioner Plummer: All right. Ms. Cuervo: Come Monday, they have to come in compliance with the noise ordinance. i Commissioner Plummer: OK, the only thing I want to make sure. Do you represent them sir? Unidentified Speaker: Yes, sir. E Commissioner Plummer: What company is this? ' Unidentified Speaker: Way shows... Commissioner Plummer: OK. That there will no knives... Vice Mayor Gort: Name and address. Commissioner Plummer: ... or any kind of things that are or look like weapons in games of chance. Unidentified Speaker: There aren't any. Commissioner Plummer: Well, OK. I want to make sure that is a provision. Because of one of the last ones I went to where the claw comes down and you try to grab, there were these jack knives and I raised holy hell about it. Mayor Carollo: And they told him after they put them up against the wall and they threw it at him. r 4 f- 110 October 24, 1996 j r x Commissioner Plummer: That's correct. And they weren't a good shot. Unidentified Speaker: We don't want a lot of people walking around here with knives around here either. Commissioner Plummer: OK. Mayor Carollo: All right. Commissioner Plummer: Call the roll. Mayor Carollo: Thank you sir. Call the roll Mr. Walter J. Foeman (City Clerk): Roll call. The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-784 A RESOLUTION RELATED TO THE TEMPORARY SPECIAL EVENT INCLUDING MECHANICAL RIDES, SPONSORED BY THE CENTRAL SHOPPING PLAZA MERCHANTS ASSOCIATION, TO BE HELD OCTOBER 25 THROUGH NOVEMBER 3, 1996 AT 700 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, GRANTING A PERMIT TO HOLD SAID EVENT ON MONDAY, TUESDAY AND WEDNESDAY, OCTOBER 28 THROUGH OCTOBER 30, 1996, PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 9, SECTION 906.9, GENERAL AND SUPPLEMENTARY REGULATIONS, ACCESSORY USES AND STRUCTURES, TEMPORARY SPECIAL EVENTS, SPECIAL PERMITS, SAID GRANT BEING SUBJECT TO THE FOLLOWING CONDITIONS: (1) ALL ACTIVITY MUST CEASE AT 11 P.M. DURING SUNDAY, MONDAY, TUESDAY, WEDNESDAY AND THURSDAY NIGHTS; (2) GENERATIONS AND TRUCKS SHALL NOT BE PARKED IN AREAS ADJACENT TO RESIDENTIAL AREAS; AND (3) NO KNIVES OR ANY OTHER OBJECTS RESEMBLING WEAPONS SHALL BE USED IN CONNECTION WITH GAMES OF CHANCE; FURTHER, AUTHORIZING THE RELAXATION OF THE TIME RESTRICTIONS FOR THE OPERATION OF MUSICAL DEVICES CONTAINED IN SECTION 36-4(a) OF THE CITY CODE (THE "NOISE ORDINANCE") FOR DATES AND TIMES SPECIFIED HEREIN, IN CONNECTION WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) t i f; c 111 October 24, 1996 k �i F Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado NAYS: ABSENT: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo None. None. 17 APPOINT FRANK BALZEBRE, JR.; ELENA CARPENTER; LEE P. MARKS TO COCONUT GROVE PARKING ADVISORY COMMITTEE. Mayor Carollo: Tucker Gibbs. Tucker Gibbs going once, going twice. Ms. Christina Cuervo (Assistant City Manager): Well, Mr. Mayor. Mayor Carollo: The last one the agenda for personal appearances. Mr. Tucker Gibbs: Mr. Mayor, I have no clue why it was made personal appearance. This should be a regular appointment for the City Commission. My letter went out. It goes out every year from the Village Council so... Mayor Carollo: Well, then let's... Mr. Gibbs: You can appoint them. Commissioner Plummer: Joe. Joe. Mr. Gibbs: I don't know what else I can say. Commissioner Plummer: This question is clear... Mr. Gibbs, let me ask you a question? Mr. Gibbs: Sure. Commissioner Plummer: You represent of course, the Village Council. t Mr. Gibbs: I am the Chairman. Commissioner Plummer: OK. You're the chairman. Can I ask you what is your position and then secondly the position of the council in relation to seceeding from the City and give it to F Metro. Mr. Gibbs: The Village Council has not taken a position and likely will not take a position on that. That's our position. And the reason why is, that we value the relationship we have with the City Commission and the people of the City of Miami. The City of Miami exists. If something happens, that happens but that's not our game at this point. 112 Mr. Gibbs: Thank you. Mayor Carollo: OK. Commissioner Regalado: Tucker. Mayor Carollo: Go ahead. Mr. Gibbs: Yes. Commissioner Regalado: Are you aware that there will be some people trying to get signatures in the different polling places of the City of Miami on November the 5th. Mr. Gibbs: Yes. I understand that is what's happening, right. Commissioner Regalado: Do you know who is... Mr. Gibbs: You know, I've got to tell you I've heard... Commissioner Regalado: ... sponsoring this kind campaign? Mr. Gibbs: I don't know who's sponsoring it. I understand that Gene Stearns has been speaking on the issue to various groups. I also understand that there is an office in Little Havana. And ' that's literally all I know. Oh, thank you... And that citizens group, I assume this is... Citizens for Lower Taxes, 1860 Southwest 8th Street. Telephone, it's right here. I could put it in the II record if you want it. The Mayor has it. Never heard of them. I Commissioner Regalado: My understanding is that they have hired at least two persons for each polling place in the City of Miami and they are paying... i Mr. Gibbs: Where did they get the money? Commissioner Regalado: ... one hundred and fifty dollars ($150) for 380 signatures. Mr. Gibbs: I want to know where they got the money for it? r Commissioner Regalado: If you... Commissioner Plummer: Can I see a copy of that petition? t Mr. Gibbs: Sure. Commissioner Plummer: Is it yours? I'll give it back to you, but... Commissioner Regalado: You know, my understanding also is that people that hired the workers for the polling places that gathered the signatures for the arena question are the same ones that are hiring these people. Mr. Tucker: Oh. I know there are companies out there that do this. And they've done it for the casinos, and they've done it for other further items. 4 r 113 October 24,1996', E; t'. Mayor Carollo: But Tucker, what is happening here is that out of nowhere there is some "sugar daddy" that is putting a lot of money into this. We don't know where he's coming from. We do know that people that have taken the lead of this, are not City of Miami residents. They don't live in the City of Miami, so, why should they care if the City of Miami exists or not? Mr. Tucker: I think I know... Mayor Carollo: And we don't know where the money is coming. Mr. Gibbs: I think I know where you... Mayor Carollo: We don't know if it's coming from Broward County or from somewhere else. So this has gotten to a point, and I think you care about Miami, you've shown that that we have to inform the public of what is happening. The information that we gotten is, that they are telling these people that they paying to go to the precincts on election day. That what they are supposed to be telling the voters on that day is not they are going to sign something to dissolve the City of Miami but in fact to try to trick them into telling them that if they sign this, their taxes won't be raised. And this has been told to us by people that have been recruited to be there and collect the signatures on election day. So, if you have any other information of maybe some people that might somehow been disinformed and have gotten into anything like this, I'd be quite grateful to you if you would let us know. But... Mr. Tucker: But, sure. I can tell you that there is a lot of frustration out there, obviously about what's going on in this town. But in our position, and we've discussed this in our Village Council Workshop on Tuesday. That is, that the City of Miami, in our opinion, at least those of us in the Village Council, for the first time in many years is taking a very serious look at the City's problems. And we think, or some of us think, that it is absolutely unfair to bring this up at this point. If, at some point in the future the City shows that it's not going to do anything about this problem, maybe then it would be the right thing to do. But I just don't think, and I've said it before, I don't think it's fair to kick somebody when they're down. Commissioner Dunn: Yeah. Mayor Carollo: And we... Commissioner Regalado: No. Tucker. Mr. Mayor, Tucker. Mayor Carollo: Yes. Commissioner Regalado: The reason I told you about this information that we have is because some of these people that were hired to work are telling other people... Mr. Gibbs: Uh-huh. Commissioner Regalado: ... no, no, you know, What we are doing is what the rich people in Coconut Grove want." And I guess that would be unfair to the people of Coconut Grove... Mr. Gibbs: I think so, yeah. Commissioner Regalado: ... the citizens of Miami will be told that this is their doing and they are funding this. While the truth is that you're not. Mr. Gibbs: No. And I've tried to make it clear every time I have been spoken to by a member of the press, the Village Council has not taken a position and Iikely will not take a position on 114 October 24, 1996 this. And if their position... I don't know, I can't guess what their position would be. I don't think it would be positive on this issue. Mayor Carollo: Well, you've made yourself clear tonight. Mr. Gibbs: OK. Mayor Carollo: We appreciate your presence. Commissioner Plummer: Mr. Mayor, let me tell you something. This thing at best, is a paper of deceit. I mean, no one in their right mind could sit and think that an immediate 50 percent reduction of the municipal property taxes is going to happen if they succeed. I mean, I would hope that the people of this community would read between these lines and understand that this is nothing more than deceit. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Can I see that Commissioner? I haven't seen that. Ms. Annette Eisenberg: It's in your office, but we will make copies. Let me tell you, I heard Gene Stearns last night. That was the first time at a community meeting. He got up and he stewed such hate, such venom that you thought you were living in another country. These, this paper was distributed last night. Mr. Gibbs: On a different subject, the subject that brought me up here. We would appreciate you voting for the appointments to the parking committee. Vice Mayor Gort: Do we have to vote on all three of them? Mr. Gibbs: Yeah, those are... According to the codes, the Village Council... Vice Mayor Gort: You guys here want to recommend Mr. Gibbs: ... recommends those four... Yes, we even recommend. Commissioner Regalado: Four. Vice Mayor Gort: OK. Mr. Gibbs: Even recommended Elena. That's true. Vice Mayor Gort: I so move. Mayor Carollo: OK. Commissioner Dunn: Second. Mayor Carollo: There's a motion, there's a second. All in favor, signify by saying "aye." Mr. Gibbs: Thank you very much. Mayor Carollo: Thank you. is l: i; 115 October 24, 1996 r� l The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-785 A RESOLUTION (PENDING THE LAW DEPARTMENT.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II ' Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo # NAYS: None. t ABSENT: None. -------- ----------------------------------------------------------------------------------------------------- 18. EMERGENCY ORDINANCE: AMEND 11339, ("GANG REDUCATION ` ACTIVITIES AND SPORTS PROGRAM" SPECIAL REVENUE FUND) -- ACCEPT $178,136 FROM METRO-DADE COUNTY -- AUTHORIZE $59,379 (25%) MATCH BY CITY FROM POLICE GENERAL OPERATING BUDGET FOR TOTAL OF $237,515. { } ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: This is accepting, I think... i Ms. Christina Cuervo (Assistant City Manager): Item 11, sorry. Go ahead. ! 1 Vice Mayor Gort: That's fine. Go ahead. Ms. Cuervo: Item 11 is an emergency ordinance accepting a grant, and this is by our unit, by the gang unit in the Police Department. Officer Kowalsky is here with, I think, some of the members of the gang unit so I don't know if you would like them to make any kind of presentation. If not we recommend this. 1i Commissioner Plummer: Move it. Vice Mayor Gort: Second. Ms. Cuervo: We just want to add for the record that the match is going to be provided either by the Law Enforcement Block Grant Funds that we are receiving from the Federal Government or the Law Enforcement Trust Fund and not from the General Fund. Mayor CarolIo: Right. Can you call the roll? Mr. Walter J. Foeman (City Clerk): Roll call. Mayor Carollo: There's a motion, there's a second. Can you read the ordinance Mr. Attorney? An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11339, ADOPTED FEBRUARY 29TH, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "GANG REDUCTION ACTIVITIES AND SPORTS PROGRAM;" AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $178,136.00, FROM METROPOLITAN DADE COUNTY, AND TO EXECUTE ANY NECESSARY DOCUMENTS TO ACCEPT SAID GRANT; FURTHER AUTHORIZING A $59,379 (25%) REQUIRED MATCH BY THE CITY OF MIAMI AND ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, FOR A TOTAL OF $237,515; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Vice Mayor Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: i i AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. i- ABSENT: None. I i E 117 October 24. 1996 . 11� Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor Gort , adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11409. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. -------------------------- 19. DISCUSS/CON'TINUE TO OCTOBER 30, 1996 SPECIAL MEETING, AT 9:00 A.M., CONSIDERATION OF AGENDA ITEM 15A [ACCEPTING PROPOSALS FOR TOWING AND WRECKER SERVICES]. ----------------------------------------------------------------------------------------------------------------- Mayor Carollo: Let's go then to the Planning and Zoning agenda and we'll finish the Regular Commission Agenda at the end. Commissioner Plummer: You're not going to... Mayor Carollo: Let's see. Do we have anything else here that anyone is waiting for? i Commissioner Plummer: The Towing. Commissioner Regalado: The Towing. Mayor Carollo: Which one is that, I'm sorry. Commissioner Dunn: Fifteen. Fifteen. f Ms. Christina Cuervo (Assistant City Manager): Item 15A. Commissioner Dunn: Fifteen. Mayor Carollo: Yeah, they have been here all day for that. This will be another long one so, 1 let's go at it. Sixteen is 6:00 p.m., it says, right? E Commissioner Plummer: Fifteen. Mayor Carollo: No, no. Fifteen, yeah 16 is... I'm sorry. , Commissioner Plummer: Sixteen -A?, r Ms. Cuervo: Fifteen -A. Commissioner Plummer: Oh, ,yeah. Let me ask a question, if I may. Just so we go and understand. Those companies that are listed here on this map. Ms. Judy Carter (Chief Procurement Officer): Yes, sir. Commissioner Plummer: Have all, and are all qualified by your determination to be capable of handling what is necessary for the City of Miami's needs. Ms. Carter: Yes, sir. Between the Certification Committee and Procurement, they do. Commissioner Plummer: Thank you ma'am. Mayor Carollo: Do any of them presently owe the City any money? Ms. Carter: I believe Officer Moe... Do they owe any money? Officer Arthur Moe (Miami Police Department): No, they are all paid through August, including August, verified that with Finance. Ms. Carter: We need a couple of things from you in order for us to be able to proceed to create contracts for this particular service. As you all know, we issued an RFQ (Request for Qualifications) and the purpose of that was to provide two kinds of services. One, City towing for and within the corporate limits of the City of Miami as well as towing of City -owned vehicles. I believe it was you, Vice Mayor Gort, that wanted it to be a part of that. Today, we are looking at the provision of that service as it relates to providing towing within the City of Miami. The service for City -owned vehicles will be on the agenda November 21st bccause they require budget approvals because we're now spending money and we would ask that we consider that particular provision at the next meeting of November 21st. So, today we are looking at the award of contracts for towers to provide towing within the corporate limits of the City of Miami. We have nine zones and one backup zone. The City Commission is asked to make decisions on the selection of towers for each of those zones. We have that information provided to you in the form of a map as well as giving you descriptions of the areas. Zone One, and you see and incidentally I might tell you that in the RFQ, we ask the towers to tell us what zones they preferred and it is based upon their preferences that we then identified those on this particular document. So, for Zone one, it was Midtwon Town and Nuway Towing that indicated their preference for zone One. And so, therefore, the City Commission is asked to make a decision of the preferred tower for that particular zone. And zone two, no one indicated a preference for zone two. Therefore, the Commission will have to make a selection of a tower to provide that service within that zone. Zone three, we had three firms who indicated a preference for that zone. That's Glendon's Transport doing business as Noland's, Kings Wrecker Service and Downtown Towing. We need the Commission to make a decision on that particular zone. Zone four, the two towers indicated, Diaz Towing and Downtown Towing as their preferred zone. Zone five, Kings Wrecker Service or Molina Towing. Zone six, Diaz Towing or Ted and Sands Towing Service. Seven, only one firm indicated the preference for zone seven. That's Banos Towing service. Zone eight, only one firm indicated that preference. That's Blanco Towing doing business as Freeway Towing. Zone nine, only one firm again indicated that preference and that will be Southwest Transport doing business as Southland Towing. And then of course, we have zone ten, which is a backup zone. Commissioner Plummer: Is that Citywide? Ms. Carter: Yes, across the... Within the corporate limits of the City of Miami. 119 October 24, 1996 �i J Commissioner Plummer: Yeah, Citywide. Ms. Carter: Yes, sir. So, we need the assistance of the board, of this Commission I should say, in making a decision on a couple of things. One, the particular zone and the tower to provide the service for that zone. And, then, once you do that, we are now in a position based upon those selections for you to approve the award of contracts to both particular towers for the provision of towing and wrecker services within the corporate limits of the City of Miami. Commissioner Plummer: How do you want to handle this Mr. Mayor? Ms. Cuervo: Yeah, I think we also want to add on the record that we've lowered.. we're increasing the fee to the City to twenty dollars ($20). Commissioner Plummer: It's in the backup section. Ms. Cuervo: Right, it is in the backup. So I just want to make sure that you realize that. Mayor Carollo: Obviously, in the zones where there is only one person that requested to be placed here it is a lot easier. We only have one to chose from. Commissioner Plummer: You want a motion to that effect. Mayor Carollo: On several others we have two in... Actually, I think we have three that we have two in and one that we have three in. Ms. Carter.: Yes, sir. Zone seven, eight and nine are fine. Vice Mayor Gort: You want to make a motion on this zone first? Commissioner Plummer: Mr. McCloskey wants to be heard. Commissioner Regalado: Can we go by zone, Mr. Mayor? Mayor Carollo: We could. Let's hear from them. Go ahead, sir. Mr. Bill McCloskey: Mr. Mayor and Commissioners and I'm with Noland. I might have a solution to this situation. In the past, three years ago, we created a zone seven, last three years. We had six zones and we created a seventh zone to allow three people in the towing business for the City. This time, we done three more zones making nine zones and zone ten for the backup. In my opinion, my personal opinion and along with some of fellow towers who have agreed to this, is that we leave the six people who are doing the towing for the City now under the present contract. Leave them or their principles in the system towing in the same areas that you're towing. In the three new zones that we created, allow the three people who were in the backup zone last time, which is Banos, Midtown and Downtown. And take the new people who have joined the need for towing in the City, put them in the backup zone and you have everybody covered. It's fair for all and it works. It worked last time. Commissioner Regalado: How many years have you? Mr. Closkey: What? Commissioner Regalado: How many years have you been doing this? 120 October 24, 1996 �i Mr. Closkey: I have been towing for the City for 36 years. Commissioner Regalado: No, I mean these different zones that you are talking about. Is that... how long ago? Mr. Closkey: We've done this now for the last three years. Commissioner Regalado: Three years. Mr. Closkey: Yeah, in the backup zone. Mayor Carollo: Anybody else who would like to speak? Mr. Manuel Gonzalez- Goenaga: Yes, my name is... Mayor Carollo: Are you on the wrecking business, Mister... Mr. Gonzalez-Goenaga: I am an expert in towing. Mr. McClaskey: Wrecking. Mr. Gonzalez-Goenaga: Because I have been towed. My name is Manuel Gonzalez-Goenaga. I am the victim, not of the towing people but from the ones who order the towing, who is the police. Thank God, at least one of them was fired. One of these caukie perez Borroto. But I still have a... lie is a lieutenant because lie was actually promoted after arresting me for three times and his name is Ramon Fernandez. And lie is the head on the area where I live. Mayor Carollo: Manny, get to the point. What does this have to do with towing? Mr. Gonzalez-Goenaga: The zoning, let's make some special zoning for the police to get away from me, unless I commit a crime. Ms. Lorraine Lichtman: Hello. My name is Lorraine Lichtman. I am with Midtown Towing at 551 Northwest 77nd Street. I know a lot of people are going to be upset with me but I am going to tell it like it is. I was approached outside. I was asked to go along with the request that Mr. McCloskey just made and I am against that. I am against that because if you look into your records for the last year that some of these towing companies have been towing for the City of Miami, they have owed the City thirty ($30,000), up to thirty to fifty-four thousand dollars ($30,000 to $54,000). I was the one that came up with the suggestion of a ten thousand dollars ($10,000) cash bond up front, to ensure the City are getting their money. And I've been treated for the last nine years, trying to get a contract, not fairly. And I don't think it's fair to just knock somebody out of the box because they are new. I think if they are going to do good for the City and they qualify... Commissioner Plummer: That's what I was looking at. Ms. Lichtman: ... that we should give them a chance and check out. I thought it was supposed to... Commissioner Plummer: No. Ms. Lichtman: ... on past experience and past records. I know Officer Moe did his homework. I know he can answers questions for you and tell you which companies, what's been going on. I do have a record here of companies that did owe and has owed. I also know how they change 121 October 24, 1996 their towing names from one corporation to another and also a fact that Noland's Towing did owe thirty thousand dollars ($30,000). And I have an agreement signed here. Wait a minute. This is the agreement that was signed by a previous City Manager here that you'd like to take a look at it. Also, here I have letters that I had written to Finance Department and to the Commissioners to "please be advised that is of this date Midtown Towing has not received their monthly towing bill and I would like to have it." I didn't know how to get it. So I'd have proof that I want to pay my bill so I sent it certified. This year is... I don't know how companies don't know what they owe the. City. I finally have to be in backup for many years, got an opportunity to tow at the Orange Bowl. We towed 45 cars. Here is my printout of the cars that I towed, their VIN (Vehicle Identification Number) number, where they were towed from, they were released and how much for. I do know I owe this City this money. So, how can I not know what I owe this City. I think the City is in trouble. I think the City needs some respectable towing companies and they need to be paid. Commissioner Plummer: Mr. Mayor, some neighbor was watching TV; he says some towing companies do not clean up the debris when they are paid to pick up cars after an accident. All companies, please be aware our citizens are watching TV. Mayor Carollo: Thank you, Lorraine. Mr. Dave Miller: My name is Dave Miller. I am with Nuway Towing. We tow for the City of Miami. We have been towing for the City of Miami for over 35 years. We tow exclusively for the City of Miami as opposed to some other towers who tow for several other agencies. We are dedicated to the City. We cooperate with the City whenever there is any type of discrepancies as to whether a car should have been towed. I am requesting for zone one, which is the zone that I applied for. And as my colleague Bill, from Noland's Towing has requested, we have all cooperated and worked with the City and I believe that this offer is a fair and equitable one. Thank you. Mayor Carollo: Anybody else? Mr. Al Cardenas: Mr. Mayor, members of the Commission. My name is Al Cardenas. I am here on behalf of Downtown Towing whom I have represented for probably a space of a decade and I have represented some of these other folks too. Downtown have been a backup to the City basically performed for a number of years. I thought that the suggestion that was just presented to you made a lot of sense. You first wanted to find out if (a) companies were qualified, (b) if they are paid up. And now you are moving, or proposed to move from six to nine zones with the opportunity for a backup. We've been a backup and patiently waited and the plan, which is to keep the six companies you have if you're pleased with them and put the companies that were on backup on a regular zone for themselves and bring the two new ones who haven't had the experience with the City into a backup role, seems to me a fair way to do it if you find that all the companies are qualified and would do a good job for you. So as a current backup, who pay our dues and been there, we think it's an equitable plan. And we think, probably, in the large view of things no one is going to be entirely happy. But it seems to me an adequate and equitable way to do it. So we would support that. Commissioner Plummer: Who were the three backups before? Hello. Who were the... we had three backups before? Mr. Cardenas: Yes, they were... Commissioner Plummer: Who were they? Mr. Cardenas: ... Downtown Towing, Banos Towing. 122 October 24, 1996 Commissioner Plummer: What was that? Mr. Cardenas: Banos Towing. Commissioner Plummer: Banos. Mr. Cardenas: Yes. Commissioner Plummer: OK. Mr. Cardenas: And Midtown Towing. Commissioner Plummer: OK. So the only one that actually is Banos in seven... Ms. Carter: Yes, sir. Commissioner Plummer: ...which would comply with that which is there. Midtown is here in one, and Downtown is in four. How do you want it handle this, Mr. Mayor? Vice Mayor Gort: Let me ask a question. Mayor Carollo: How come before... Commissioner Regalado: Can I ask... Mayor Carollo: ... hold on. Not everybody at the same time. How come no one bid for zone number two? Vice Mayor Gort: That was my question. Mayor Carollo: Do we know, why no one bid for zone number two? I mean there is a lot of apartments, a lot of buildings by the water. Ms. Maria Torres: Hi, my name is Maria Torres, I represent Diaz Towing. Eventually, they say that they have three backups which is Banos, Midtown and Downtown. They never mentioned to us, supposedly we have been backup for three years, but they never told us that we were a backup. We never knew. They never let us know... When they got the backups they never let us know when that meeting was so we could come out and defend ourselves. Supposedly, we have been a backup also, and they never told us. Mr. Elio Vazquez: Good evening Mr. Mayor, Commissioners. I represent... my name is Elio Vazquez. I represent King's Wrecker Service. King's Wrecker Service is asking for zone five. Particularly, they are asking before awarding the contract, please review each company's one, whether or not the company has more than one contract for the lot. For example, King's Wrecker has no contract with the City, County or any municipality for their particular lot. Their lot right now has a space with 300 vehicles outside, 15 vehicles inside without any contracts with the City, County or the State. Compare it to the other company that is in zone five, as they are requesting to be put in that. Compare and see whether or not which is the best company that can provide the City full service without any other contracts impeding their ability to do the job providing the service for the City. I ask that you consider that when you look at our both companies, which is the best for that zone. I ask you to consider that and I really appreciate that you grant them zone five. 123 October 24, 1996 t !1 Commissioner Regalado: Mr. Mayor. Mayor Carollo: Anybody else from the towing companies that would like to speak? Commissioner Plummer: Why didn't anybody bid on zone two? Mr. Orlando Molina: Mr. Mayor, my name is Orlando Molina from Molina Towing Company. I was located on the zone number five for the last 22 years servicing the City of Miami and the citizens and I do with honesty and integrity to this community. Our company is qualified under the particular zone that we applied for. The other company was a far away from there, that particular zone, they applied for the same zone. Those people that has been serving the City for the last 20 years, they do service on their credibility to service and to continue to service the citizens or to the best interest of the community and the City. Thank you. Mayor Carollo: Anybody else? Commissioner Plummer: OK. Well, I'd still like. OK, let the public go ahead. Mr. Henry Berger: Henry Berger and I represent King Towing. Mr. Mayor, Commissioners for the last few years some of these towing companies have been trying to get a contract with the City of Miami. Unfortunately, they weren't even heard for years and the contracts kept going on and on and on without even being reviewed. I think that you have a new Commission here. It's time to give other people an opportunity. I don't think it's fair for a company that has other contracts to also serve the City of Miami when you have King Towing ready to serve nothing but the City of Miami and to do a good job in that zoning. Thank you. Mayor Carollo: Is it King's Towing or King Wrecker. Mr. Berger: King's Wrecker. Everybody talks towing, so we got a little confused. Thank you. Mayor Carollo: Thank you, Gigi. Mr. Stanley Mykytka: Stanley Mykytka, Ted and Stan's Towing Service. Mr. Mayor, Commissioners. I have been towing for the City of Miami for over 30 years. I grew up doing this. I enjoy doing it. I'll like to thank this Commission, for the past Commissioners for the opportunity and I look forward to working with the City in the future. Mayor Carollo: Thank you. Mr. Howard Lichtman: My name is Howard Lichtman, Midtown Towing. 551 Northwest 72nd Street. Mr. Mayor, the reason why nobody put in for zone two, is because the car volume is much more in zone one. And both companies that are in that zone want the same zone. I'd like to praise Procurement, the Police Department and City staff for bringing this contract from the 70s to the 90s. They did a great job and at this time I ask you to go by recommendations in choosing... Commissioner Plummer: Thank you. Mr. Lichtman: ... which zone, which companies you want to put in each zone. Thank you. Mayor Carollo: What recommendations do we have, Captain? Have you made any recommendations? Have you got more than one that has requested this zone? Capt. Joseph Longueira (Dep. Commander, Police Support Svcs.): Sir, we did not give you recommendations because you requested us not to. 124 October 24, 1996 ri Mayor Carollo: OK, well. Capt. Longueira: We do have our recommendations but we have not in the process submitted them to you because you requested us not to. Vice Mayor Gort: Mr. Mayor. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Go ahead, Mr. Vice Mayor. Vice Mayor Gort: Let me ask you a question? Capt. Longueira: Yes, sir. Vice Mayor Gort: There are three of them that we are not going to have any problems. There is only one that we have two, and ones that we have three. Let me ask you a question. If you put zone one and two together, is there a way that this can work in a rotating way, where there could have two agencies work, that you can rotate the business with? Capt. Longueira: Sir, it becomes very difficult if you understand the people that have to do this. It's the dispatchers and the supervisors. In the E911 Center they handle a million phone calls, you know, and they're talking on the radio to officers and officers are asking for a wrecker. To keep track in one zone of multiple companies it becomes a problem. And it's hard for us to administer, you know, and we're trying to handle emergencies and people calling and fire rescue and stuff like that. And it's not good. It's good for us to have one primary inner zone and that's it. And, then, we don't get into disputes, "oh, you should have called me, no I was next. Vice Mayor Gort: You answered my question. Thank you, sir. Capt. Longueira: That's it. Commissioner Plummer: We've heard... Commissioner Dunn: Yes, I have a question. Mayor Carollo: Commissioner, go ahead. Commissioner Dunn: Yes. I believe I know the answer but in terms of physical location of zoning, towing companies in a specific zone. What advantage would that give, say if I had Dunn's Towing Company and I was in zone five, located physically and I am also requesting to be the representative for zone five. What kind of advantage or disadvantage would that give me? Capt. Longueira: It is our desire to service the public whose vehicles do end up being towed. That they be in the zone that they're requesting to work. It doesn't always work that way, but that's what we would desire and when our committee looked at those things, those are some of things they considered. Is, are they located, their wrecker lot, their storage lot in the zone that they're requesting? Commissioner Regalado: Mr. Mayor, if we were to leave things as they were before we will still be getting some complaints from a Iot of citizens and I can tell you that we have gotten many regarding the lack of spaces in different towing businesses. And what they do is that they park the cars outside of the lot and this creates a bit of a problem for the neighbors. And in fact, there 125 October 24, 1996 Ii have been some cars that had been abandoned near those places, abandoned. And cars that are being used by people to use drugs or to commit crimes. Have you had things like this reported to you, Captain? Capt. Longueira: I believe we have instances where cars have been put on the street rather than in a lot. Commissioner Regalado: We have had this. Capt. Longueira: Yes, that has occurred. Commissioner Regalado: That is the complaint that we got in the office. Capt. Longueira: Yes. Commissioner Regalado: I mean complaints. Capt. Longueira: Yes, you're correct, Commissioner. Vice Mayor Gort: Mr. Mayor, let me ask him another question. Because I know this one company that has a lot of problems with code enforcement because of the neighborhood, they were in noncompliance and of the ones giving service presently, is there any one of them that's not really given the services expected? Capt. Longueira: We do have information if the Commission desires on a number of complaints on our investigation of whether those complaints were sustained. We have them for the prior for 24 months which the Commission asked us. And we even went back farther for a period of time, to get a better historical perspective on complaints. And we do have that type of information available, if you desire that. Commissioner Plummer: But you don't have it on non -City towers at this time. Vice Mayor Gort: We don't have any... Capt. Longueira: Yes, we have complaints on non -City towers, also. Commissioner Plummer: Non -City towers? Capt. Longueira: Yes. Commissioner Plummer: Ones that don't have a contract? Capt. Longueira: Yes.. Because he, he... Commissioner Plummer: How in God's name can you keep up that with all of those renegades out there? Mayor Carollo: There is a total of 11 companies that have applied, correct? Capt. Longueira: Yes, sir 11. Mayor Carollo: There are nine zones. Capt. Longueira: Yes, sir. 126 October 24, 1996 rE t r Mayor Carollo: OK. And the tenth is assumed to be a backup? Capt. Longueira: For the two. We've put the two companies in that end zone. Mayor Carollo: Yeah, OK. You know what I'd like to do? Next week I'd like to have a special meeting where we would handle this together with something else and give it the time that this requires to try to come up with the most fair way of choosing what companies we're going to put in each zone. You know, we have about 150 people or more waiting here to hear zoning items. This is important and I don't think we should be making a quick decision on this. I'd like to bring this up in a special Commission meeting, next week so we could deal with this matter and one or two other matters that are going to be bringing up next week. And between now and then, maybe we can get some recommendations, not only from the industry because that's the ones that we have received here but also from staff to try to find a fair solution for everyone. Capt. Longueira: Yes, sir. Mayor Carollo: If my colleagues feel that there is a better way of handling it today, I'll be happy to hear them. Commissioner Dunn: I don't think there is, Mr. Mayor. Vice Mayor Gort: I wanted to try the rotation but unfortunately, it doesn't work, so. I think that would have been a very fair way of doing it but, unfortunately they say it doesn't work, so. Commissioner Dunn: It's very difficult. Mayor Carollo: Well, again. Commissioner Regalado: Ah... Mayor Carollo: Would you like to make a statement, anyone of you? Feel free to. Commissioner Regalado: Mr. Mayor. Mayor Carollo: Yes. Commissioner Regalado: OK, go ahead. Ms. Lorraine Lichtman: I have a suggestion on the zones that there is nobody waiting for and on the zones where there are more. Why don't we just ask the Police Department on their, just to mention who they feel would do the best job for the City. Like zone one and zone two, it would be between Midtown and Nuway. One would get one, one would get two on the other zones. And I think Officer Moe has that ready for you, on who he would recommend. Mayor Carollo: I don't mind maybe considering that route. But what I think is, Lorie, is that right now to make a rash decision or to take another hour of this when we have, you know, over 150 people waiting here is not a good policy of doing business. I rather bring this up at a special meeting where we could dedicate whatever time we need to it. If it's a couple hours, three hours. We dedicate it to it and we come up with the best solution with a clear head. Right now what I've seen is, that we're going to rush into something that's going to commit the City for a long period, that might not necessarily be the most prudent way of doing things. If there are any i further suggestion, you know, I certainly will hear them. l Ms. Lichtman: How about the backup zone taking priority for a week or two instead of staying on backup, and the priority zones taking backup. Mayor Carollo: You're saying to... i Ms. Lichtman: Like the companies that are on backup, let them handle the zone for the... until a special meeting, and the companies that are priority go on backup. Mayor Carollo: I think part of the problem we will run into that is what we were told before by the Attorney, if I remember. What I am looking at is that no later than Wednesday, and most likely before that, we will have a special meeting and decide this. Commissioner Plummer: Mr. Mayor, I would appreciate it be Thursday, that's my day off. Mayor Carollo: Excuse me. Commissioner Plummer: I would appreciate Thursday, that's my day off. Mayor Carollo: J.L. that's Halloween. We're not going to have that meeting on Halloween. So,... i Commissioner Plummer: Well then, make it Friday. Mayor Carollo: ... choose Tuesday if you like or Monday. Monday might be too quick because you all need to meet and myself with some other people but... Commissioner Plummer: Monday is... Monday after lunch? Vice Mayor Gort: Tuesday is... Commissioner Regalado: Can we... Mayor Carollo: Well, maybe Monday evening is the earliest I can see it. But... Commissioner Plummer: No, you got a CRA (Community Redevelopment Agency) meeting. Mayor Carollo: Well, then Tuesday. ' Vice Mayor Gort: I haven't been told about the CRA meeting. Commissioner Plummer: What? Vice Mayor Gort: We have CRA meeting? Commissioner Plummer: Yeah, I think you do. Let's make it Monday night. Commissioner Regalado: No, Monday night it's the arena meeting, CRA. t Commissioner Plummer: I'd rather go Monday afternoon, Joe. t Commissioner Regalado: J.L., 6:00 p.m. it's CRA meeting. C Mayor Carollo: CRA, Monday? r 128 October 24, 1996 r Commissioner Regalado: Yeah, Monday night. Commissioner Plummer: So let's go two o'clock on Monday. Mayor Carollo: Yeah, but if we got. I don't want to run into the same situation that, for whatever, it's going to take longer if we got the CRA at 6:00 p.m. I want to be able to have whatever time we need to resolve this and a couple of other issues. Commissioner Regalado: Can we do this in the morning of Tuesday? Mayor Carollo: I'd be willing to do it in the morning of Tuesday. Commissioner Plummer: I think I... I've got a problem, Joe. Let's do it on Wednesday. What is wrong with Wednesday? I'd prefer Thursday but I can't. You don't want to do that because of Halloween. Mayor Carollo: Right. Vice Mayor Gort: There's no trick or treat. Mayor Carollo: Wednesday morning, would that be convenient for you? Commissioner Plummer: That's fine. Commissioner Regalado: It's fine with me. Mayor Carollo: OK. Wednesday morning at 9:00 a.m. Commissioner Plummer: That's fine. Ms. Christina Cuervo (Assistant City Manager): Wednesday morning? Commissioner Plummer: 9:00 a.m. Mayor Carollo: We will take this up Wednesday morning. Not necessarily in that order. We've got a couple of items, but you will have plenty of time. Whatever time we need on Wednesday, we'll provide it. If it's several hours, if we got to be here all day, I don't mind doing it. But I sure see that we are going to be going around and around on this today, and we're not going to accomplish everything that we need to. Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, you need before you notice the meeting, you need to specify what those other items are so it could be included in the notice. Mayor Carollo: I'll let you know by Friday afternoon, Mr. City Attorney. i Mr. Jones: Just looking out for your best interest, that's all. Commissioner Regalado: Mr. Mayor on the issue of the towing business, I think that we should be prepared to make the people understand, the City of Miami residents, that we are willing to open our streets to new companies in order to change the system that we had before so the people would believe that we are trying to fix some of the things that are wrong and that produce complaints. Either we do that or we demand that the things that are done wrong will be fixed immediately. That is what I want to say. Ms. Judy Carter (Chief Procurement Officer): Mr. Mayor, if there isn't any objection, I would like to include the item with regard to the towing of City -owned vehicles. We should have the budget approvals by then. So, that when you deal with the towing you will be dealing with both of those of kinds of services. Mayor Carollo: That's fine. But what I'd like to do is for staff to be thinking about some recommendations. I think Midtown made one, one of the other companies here may one. I think staff should feel free to call the members of the Commission so we could hear from you and, then, we could make up our minds, when we meet on Wednesday, which way we want to go. By the way, the helicopters, we haven't sold them yet? Capt. Longueira: No. Not yet sir. Mayor Carollo: OK. I need to talk to you on the matter for tomorrow. Mayor Carollo: OK, sir. Vice Mayor Gort: It is my understanding that all these companies are within the City of Miami also. Capt. Longueira: All these companies are within the City of Miami, yes. That was one of the qualifications. Commissioner Plummer: Yeah. Vice Mayor Gort: Thank you. Right. OK. Mayor Carollo: All right, thank you. Thank you all. We are going to... I'know that all of you would have liked for this issue to have been decided today but we're going to do what's right and we're going to give it the time that we need on Wednesday. And I am sure on Wednesday maybe not everybody is going to be. happy. Maybe, you know, most will be happy. But I think we will end up doing what's right on that day. ---------------------------------------------------------------------------------------------------------------- 20. APPROVE/RECONSIDER/AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH DOWNTOWN MANAGEMENT CORPORATION FOR CITY'S LEASE OF BUILDING AT 158 N.E. 8 STREET -- FOR USE BY OFFICE OF HOMELESS PROGRAMS -- ALLOCATE FUNDS FROM U.S. F HOUSING & URBAN DEVELOPMENT, MODEL CITY INITIATIVES r. GRANT. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Mr. Mayor, item 15, my understanding is, people have been here waiting for a long time and it's only going to take about five minutes. Mayor Carollo: OK, go ahead. Ms. Christina Cuervo (Assistant City Manager): Item 15, had really been withdrawn but we'd K really request that you consider it. Mayor Carollo: Fifteen? f P' 130 :.October 24, 1996 f Ms. Cuervo: Yes, and... Mayor Carollo: I thought that was withdrawn. Ms. Cuervo: It was withdrawn, Mr. Mayor. It was... Unfortunately it was an error on the administrations's part. We do need, obviously the Homeless Program needs to move up by November 2nd from the Dupont. They are in the process of negotiating this lease. We'd like your approval for this lease subject to be in a form acceptable to the City Attorney and a maximum of sixteen hundred dollars ($1,600) per month. We're trying to renegotiate the rate lower. Mayor Carollo: Well my understanding is, they were offered a place in the Fire College for free. Ms. Cuervo: Yeah. According to the Office of the Homeless Program, it's half the space that they need. And so, what we're going to do is... what you would be doing is authorizing them to negotiate this and try to make this a lower rate. This would be coming out of grant funds that they are receiving and the monies really can only be used for the program that they operating. Mayor Carollo: Well, how about the property that we were just discussing this morning? We got 6,000 square feet of Cityowned, right at 27th Avenue. We've got all kinds of other spaces... Commissioner Plummer: It's not in the proximity. Mayor Carollo: ... that we can't rent out. Ms. Cuervo: Well, I'd like to let Livia talk to that but her primary issue has been that she wants to be located in downtown which is close to where the primary people that she is trying to aid. If we move her over to 27th Avenue which is the property you're talking about, I think it moves her away from the population that she is trying to deal with and it's not just as viable for her to do her job. That's what she's explained to us. Mayor Carollo: Well. Commissioner Plummer: This money is from a grant? Ms. Cuervo: Yes. Commissioner Plummer: So I mean... Ms. Cuervo: Well if the monies could be used for something else, then I would not recommend that we did that. But, since the monies really can only be used for Homeless Program, and we do have a letter from the office, from the Metro Dade Homeless Trust. Mayor Carollo: When does her lease expire where she's at now? Ms. Cuervo: She's right now, part of the Dupont lease that we have that expires November 2nd. Mayor Carollo: November 2nd. Ms. Cuervo: Therefore, we do have to relocate her. Mayor Carollo: What is the will of the Commission? Commissioner Plummer: Can I make a suggestion we do it for a one year period. 131 October 24, 1996 Ms. Cuervo: I would only recommend that. Commissioner Plummer: Well, this is for four one year periods. And we do it for a one year period. I move that we move it for a one year period? Vice Mayor Gort: Second. Mayor Carollo: There's a motion, there's a second. All in favor signify by saying "aye." Ms. Cuervo: Thank you. Mayor Carollo: OK. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-786 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DOWNTOWN MANAGEMENT CORPORATION, INC., FOR THE CITY'S LEASE OF A BUILDING LOCATED AT 158 NORTHEAST 8TH STREET, MIAMI, FLORIDA, FOR USE BY THE OFFICE OF HOMELESS PROGRAMS; SAID LEASE TO BE FOR A PERIOD OF ONE (1) YEAR, AT A MONTHLY RENT OF $1,600.00; ALLOCATING FUNDS THEREFOR FROM MONIES RECEIVED PURSUANT To A UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MODEL CITY INITIATIVES GRANT AWARDED TO THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Walter J. Foeman (City Clerk): Mr. Mayor. Mayor Carollo: Go ahead. Mr. Foeman: Excuse me, can we include in that the motion to reconsider as well? We needed to reconsider it so, can we include it in the motion? 132 October 24, 1996 F f t Fi Mayor Carollo: In other words, get it back. , Mr. Foeman: Yeah. Mayor Carollo: OK. Commissioner Plummer: It was withdrawn before we got here wasn't it? Mr. Foeman: Yeah, but I think you have to reconsider it, though. Commissioner Plummer: All right, I move. Vice Mayor Gort: Move to consider. Commissioner Plummer: I second. Mayor Carollo: There is a motion to reconsider. There is a second. All in favor signify by . saying "aye". The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-787 A MOTION TO RECONSIDER VOTE TAKEN ON RESOLUTION 96-786 (AUTHORIZING MANAGER TO EXECUTE LEASE AGREEMENT WITH DOWNTOWN MANAGEMENT CORPORATION, INC., FOR LEASE OF BUILDING LOCATED AT 158 NORTHEAST 8 STREET FOR USE BY OFFICE OF HOMELESS PROGRAMS). Note for the Record: said item was immediately thereafter passed and adopted as R-96- 788. Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Now I think you got to do it again. Commissioner Plummer: I move to approve 15 for a one year period. Vice Mayor Gort: Second. Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye." 133 October 24, 1996 i The Commission (Collectively): Aye. , The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-788 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DOWNTOWN MANAGEMENT CORPORATION, INC., FOR THE CITY'S LEASE OF A BUILDING LOCATED AT 158 NORTHEAST 8TH STREET, MIAMI, FLORIDA, FOR USE BY THE OFFICE OF HOMELESS PROGRAMS, SAID LEASE 1 TO BE FOR A PERIOD OF ONE (1) YEAR, AT A MONTHLY RENT OF $1,600.00; ALLOCATING FUNDS THEREFOR FROM MONIES RECEIVED PURSUANT TO A I UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MODEL CITY INITIATIVES GRANT AWARDED TO THE CITY OF MIAMI. (Here follows body. of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the I following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo f NAYS: None. ABSENT: None. i F f i . i On the 24th day of October, 1996, the City Commission of Miami, Florida, met at its Planning and Zoning meeting place in the City Hail, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 6:04 p.m. by Mayor Joe Carollo with the following members of the Commission found to be present: Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Tomas Regalado Commissioner Richard P. Dunn, I1 Commissioner J.L. Plummer, Jr. ALSO PRESENT: Christina Cuervo, Assistant City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk i ------------------------------------- - 21. APPROVE REQUEST TO MODIFY DECLARATION OF RESTRICTIVE COVENANTS -- ELIMINATE REQUIREMENT FOR CONCRETE BLOCK WALL TO THE WEST TO SEPARATE RADIO MAMBI FROM LATIN AMERICA CAFETERIA'S OFFICE/STORAGE FACILITY -- APPLICANT: RAUL/MADELEINE GALINDO. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, some of the zoning items here, I don't think. I think i you'll find that there's maybe two or three of them that people are here on. j Mayor Carollo: Well, that's what I'd like to do. I'd like to... } i Commissioner Plummer: Yeah, all of the City designed... Mayor Carollo: Can you go down the list of the ones that there are people here for, so we could take those first, please? Ms. Christina Cuervo (Assistant City Manager): We have private applications that are item six, i seven and eight. We have private applications that need to be heard after 5:00 p.m. which were k t 135 October 24, 1996 I r: P 11 and 12 and private applications for items 14 and 15 after 6 regular agenda item 16 which was supposed to be heard at 6.00 go through the numbers again. Mayor Carollo: Let's find out from the public who is here for w items first, that there are people here for. And we apologize thal heard on time today, but we've had a few other pending issue also. Ms. Cuervo: Items six, seven, eight, 11, 12, 14 and 15. If you v were time certain, item... Commissioner Plummer: No, the ones that are people here on, tl do. Mayor Carollo: OK. Well they are all on time certain. You knc Ms. Cuervo: Right. Mayor Carollo: ... we could take our choice. OK, let's start wit[ Commissioner Plummer: Is there opposition to this? Mayor Carollo: I don't know. Commissioner Plummer: Is there any opposition? Is the departr Ms. Lourdes Y. Slazyk (Deputy Director, CPR Dept.): We are, since the covenant had not been received by the Law Departs today, it would be subject to review and approval by the Law De Commissioner Plummer: Again, is there anyone here in oppo agenda? Hearing none, Mr. Mayor, I move the approval of item Vice Mayor Gort: Second. Mayor Carollo: OK, there is a motion to approve item six, se( further discussion from the Commission? Hearing none, all in f- The Commission (Collectively): Aye. MR, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-789 A RESOLUTION WITH ATTACHMENTS APPROVING AN AMENDMENT TO THE DECLARATION OF RESTRICTIVE COVENANT, DATED SEPTEMBER 28, 1992, RECORDED IN OFFICIAL RECORDS BOOK 15663 AT PAGES 0716-0720 (THE "ORIGINAL COVENANT"), FOR THE PROPERTY OWNED BY RAUL AND MADEL.AINE M. GALINDO (THE "OWNERS"), LOCATED AT 2947-49 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (THE "PROPERTY"), TO MODIFY SECTION "B" THEREOF BY ELIMINATING THE REQUIREMENT THAT A CONCRETE BLOCK WALL, BE CONSTRUCTED ON A PARTICULAR PORTION OF THE PROPERTY; AND SUBSTITUTING THEREFORE, THE "MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANTS," IN SUBSTANTIALLY THE FORM ATTACHED HERETO, SUCH APPROVAL BEING SUBJECT TO THE EXECUTION AND RECORDATION AT OWNERS' EXPENSE OF THE MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. -------------------------------------------- ---- ---- - 22. GRANT APPEAL OF ZONING BOARD'S DECISION OF 9/9/96 WHICH GRANTED VARIANCE OF 5'-0" FOR ADDITION TO SINGLE FAMILY RESIDENCE AT 2205 S.W. 28 STREET -- APPLICANT: GUSTAVO SIDELNICK. i Mayor Carollo: Item seven is... Ms. Lourdes Y. Slazyk (Deputy Director, CPR Dept.): PZ seven is an appeal of a variance that j was approved by the Zoning Board. The department recommendation is for denial. This is for a variance at 22... Commissioner Plummer: Denial for the variance or the appeal? Ms. Slazyk: Denial of the variance. j 137 Fi Commissioner Plummer: Of the variance. Ms. Slazyk: Of the variance. Yes, this is 2205 Southwest 28th Street. Let me give you a little history. This case... Mayor Carollo: Excuse me, Vice Mayor can you carry on with the meeting? I got to get a hold of the Police Chief before he leaves. [At this point, 6:05 p.m. Mayor Carollo asked to be excused for a few minutes, from the Planning and Zoning session] Vice Mayor Gort: Go ahead. Ms. Slazyk: In 1993, this case came to the City with an application for a Class 11 special permit to allow a second story addition at the rear of the property. This was allowed by Class II at the time, because we had a section in the code that allowed additions to nonconforming structures as long as it didn't increase the degree of nonconformity. Since they were going up, they were allowed to apply. The department recommended denial on findings that the additional bulk which would result from the construction was represented in overbuilding of the particular lot. It's a 25 foot wide lot. It's a legal nonconforming substandard lot. Specifically, it was with respect to scale design and location within the context of the existing neighborhood. Since then the zoning ordinance has changed. You can no longer do this by Class II. So they have come back under a new owner now, and requested a variance for the rear setback in order to do basically the same addition. Alain, the department is finding that there is no hardship to justify this particular variance request. One of the hardship questions, as you know, is that we ask whether reasonable use of the property can be achieved without the variance. And our contention is that they are achieving reasonable use of the property because there is a single family residence today, and it's been that way i'or several years. And, based on no hardship, we recommend denial of the variance. Vice Mayor Gort: OK. Commissioner Plummer: Who is the applicant? Ms. Slazyk: The applicant and the appellant are here. I believe, on the appeal, an appellant would go first. Vice Mayor Gort: Well, at an appeal, the appellant goes first. And all those that are going to testify, they need to be sworn in. All those who are going to testify on item seven... Vice Mayor Gort: Clerk, will you swear him in. Mr. Walter J. Foeman (City Clerk): Raise your right hand, please. Do you solemnly swear or confirm that the statements that you are about to make here today, will be the truth and nothing but the truth, so help you, God? Mr. Jeffrey Bass: I do. Vice Mayor Gort: Thank you. Yes, sir. Mr. Bass: For the record, Jeffrey Bass is my name. Shubin and Bass, 46 Southwest 1st Street, in the City of Miami, Florida. I am an attorney. I am here representing the appellants this evening. Those, in addition to the appellants, I'm also representing John Betancourt, Caroline Morrison, f 138 October 24, 1996 is , r W Paul Markunas and Denise Corness, all surrounding neighbors. And, if I could ask them briefly to just stand and be recognized. Can you all stand? OK. This is an appeal of a variance and I have seen a lot of lawyers come before you and site cases and talk about hardship and make very complicated legal arguments about why you cannot grant the variance. But I am going to attempt to explain to you in as simple terms as possible, that you need to deny this variance for the very basic reason. And that is a variance says "Not Me". A variance says "we've got a zoning code but I don't want it to apply to me, like it applies to everybody else." It says that there is something wrong with my property that will compel you to give me treatment. Zoning exists as an extension of your police power. Your police power allows you to regulate land, and you do. And every piece of property in the City of Miami is burdened by zoning restrictions that benefits neighbors. And in turn, the neighbors are burdened by restrictions that benefit their neighbors. If you will, it's like a little ecosystem. A variance serves to disrupt the ecosystem. It says benefit me more than. my neighbors are benefited. And the problem is, when you do that as in this case, you more burden the neighbor at the extent of the applicant. Here, there is a very, very simple question that you need to ask. And that question is "Can they use this property reasonably?" Well, your professional staff has answered that question for you and I would urge you to follow their recommendation which is to deny this for the very simple reason. This piece of property has a use. There is no dispute about that. It has a very nice use, it has a single family home. In fact, it has more homes already on the property than would currently be permitted under the zoning ordinance as it exist. That is, if they wanted to come in today and build what's already there, without this variance, they would need to have a variance. And in fact, they tried to do that. In 1993, as your staff told you. They came before you and they said "we want more". And your staff said "No". Specifically, and I'd like to incorporate into the record they filed for a Class II permit in 1993, seeking them to do the same exact, seeking to allow them to do the same exact thing. That is to add more bull: to an already crowded lot. Your staff said "this is too much". And if you can indulge me briefly, I'd like to quote from your staff's recommendation, because they did such a good job in 1993. "The additional bulk which will result from the construction of the second story addition to the rear of the existing single family residence represents an overbuilding of the particular undersized lot. Specifically, with respect to the scale, design and location within the context and character of the existing neighborhood, there is a doctrine out there called "Administrative Res Adjudicata. That doctrine holds that when an application comes before you and is denied, you cannot then approve a similar application unless there are significant changes in the neighborhood. There is absolutely zero evidence of any significant change in this neighborhood. If the house is too small for somebody's need, the solution is simple. You buy a bigger house. You don't come before this board and ask for a variance to make a bad situation worst by putting too much structure on the Iot. The reasons set forth by the applicant in favor of the variance are very important. And I no means, I in no way want to diminish the importance. They state that they need this to accommodate a growing family. And I submit to you that that is important. But that is not a legal hardship. That is not a substantial and significant justification for allowing an already overbuilt lot which intrudes into the, which obstructs the neighbors use and enjoyments of their life, to get bigger. There was no evidence of a hardship below. The law is very clear and it's very cruel. And it's harsh. And it is admittedly harsh. The rule is, if they can use the property, they don't get a variance. The law is such, to deny you the opportunity to say "Weil, what's the big deal?" Because questions like, what's the big deal?, are not fair. Because, what's the big deal is a poor, is a play in your sympathy. And you need to, in balancing the sympathies balance the needs of the neighbors. I feel like I have gone on. I've said a lot very quickly because I know we've all been here for a long time. I'd like to reserve some time for rebuttal. I'd like to reserve the ability to cross examine any witnesses that are put on in favor. And I'd like the surrounding neighbors to briefly address you with their concerns about this application. Mayor Carollo: Let me say this to you counsellor. This is not a court room. You could ask questions, but you're not going to cross examine anyone here. And they have a right to answer you or not to answer you. So, what I would advise is, that you present your case, bring whatever witness or neighbors you have to present their side. And they could present theirs, and again j bring anybody that they like that would present their side. Mr. Bass: That will be find. Mayor Carollo: Thank you. Mr. John Betancourt: Good evening. My name is John Betancourt. I own the property directly north of my new neighbor. I was very involved in 1993 and I. You've heard really everything that I want to say, but I just want to point one thing out. The structure that's there is already huge for a very tiny lot. It exceeds almost all the normal codes that we have in Miami. What in effect is happening is these people are, the new owners, who just recently bought it with a full knowledge of what they were buying, have moved into a house with three children, I believe, who are now finding that same house that the previous owner built too small and they want to build it out even further. What that will do to me directly is block sunlight into my kitchen. Then I'll loose most of the privacy that I have in my back yard. Ifi you allow this then everyone is going to start building in their back yards and what we'll really have, is an urban environment there instead of a suburban environment. And I won't have privacy or sunlight where I should have it, because I pay my taxes and I take care of my property. That's all I want to say and I want to really ask the group here to reverse the mistake that I believe, the zoning people made several weeks ago. Thank you. Mr. Paul Markunas: Good evening. My name is Paul Markunas. I live at 2209 Southwest 28th Street and I live right next door to the proposed second story. At present, I find the structure as it is already very oppressive. It's two stories on the front. My whole side of the apartment that I live on basically faces a blank wall that goes up two stories. And I just find that already the house at about three different points right now invades a certain amount of privacy that I'm not having. An addition of that second story in the back would just increase the lack of privacy that I feel that I would have. Thank you. Ms. Caroline Morrison: I am Caroline Morrison. I live at 2794 Southwest 22nd Avenue. My house is. I've enjoyed the back yard and I have enjoyed the living area. If they build a second story there, they're going to be looking right into my living room, into the dining room, into the kitchen, into the hallway, hack into the bedrooms. I won't have any privacy and I'll have to use blinds and I'll just be closed in. I won't even see my garden. I hope that you will deny this variance. Thank you. Ms. Denise Corness: Good evening. My name is Denise Corness. I live at 2210 Southwest 27th Lane, directly behind the house. I appreciate, you know, the need to add on but this structure is relatively maximized built on the 25 foot lot that it's in. And, in support of my neighbors, I agree that this would be a very big intrusion of their privacy and, also, because it will go directly to my backyard, an intrusion of my privacy. And I would appreciate it very much if you would vote no on this variance. Thank you. Mr. Bass: Again, I'd like to reserve just a quick minute for rebuttal. Mayor Carollo: You'll have more than a minute. Commissioner Plummer: Joe, he wants one, give him one. Mayor Carollo: Anybody else that would like to speak? Mr. Alonso Portuondo: Yes. Hello Mayor and Mr. Commissioners. I'm not an attorney, my friend and partner here has asked me to help him in this matter. We're businessmen. We have 140 October 24, 1996 �i two businesses, one in Coconut Grove and one at Bayside. He's been here for about four years and he very much likes and wanted to live in Coconut Grove. He has a hardship situation which is the reason that the Zoning Board approved this. And it is a hardship situation that has two faces to it. First, let me say I think that some of the things that were said here are riot exactly right. According; to the figures given to me by the Building and Zoning Department, you can build 2,940 square feet on this lot. The house presently has 1,500 square feet and my partner here, wishes to add 290 square feet more. Secondly, there's no change in the footprint of a house. There's no further enclosure in the garden or anything of that sort. Simply, it's an addition of a second story which raises the height from 16 feet to 22 feet, in a house, in an area, where you can build up to 25 feet. So, it's an extremely minor change and it's an extremely minor change that really doesn't affect anything except the height of the second building and it's well below the height of the front part of the house and well below the height of what is permitted by Zoning in that area. OK, the hardship situation comes as follows: My friend here, put a contract on the house subject to being able to build a third bedroom. We went to the City of Miami. We went to Building and Zoning. We were told that is was a special exception. We submitted plans on that basis. Building and Zoning gave the Planning Board a note saying that it would be a special exception. At the last moment, one or two days before the last day, I was not here, my friend, here, was called and said this has to be changed to a variance. By this time he had already, on the belief that this was a very minor thing, which is the reaction that we had received at the City, had gone ahead and moved subject to, which at that point he either had to move on it or lose his deposit. So he found himself in a situation where he either had to close on the house or lose a deposit. If he lost a deposit, he could not buy another house. So, he had to close on the property. He has done everything; possible to try to accommodate the neighbors. We met with them after the Zoning meeting. The neighbors refused to meet with us. In addition to that, the daughter of a lady who was there, the last lady who spoke, Mrs. Morrison, Caroline Morrison, I believe, addressed the problem of the privacy in the windows and we said to her, we will be glad to eliminate those windows. And, we'll be glad to sit down and work with you to do anything that will help the neighbors. He wants to be a good neighbor. It's a shame that he fell into this situation which is very difficult for him and for the neighbors. But the Zoning Board did not approve this on the basis of nothing. It approved it on the basis of the items that I'm relating to you now, at this point. And that, I believe, I'm not an attorney, I'm not an expert in the law., but I believe that these are the relevant points. Mayor Carollo: Could you state your name and your address for the record please? Mr. Portuondo: Yes, my name is Alonso Portuondo. And I'm speaking; on behalf of my partner and friend Gustavo Sidelnick. Mayor Carollo: OK. Vice Mayor Gort: ... power of attorney. Mr. Carlos F. Smith (Assistant City Manager): Mr. Mayor, we would like to clarify one of the statements made by Mr. Portuondo, regarding some information provided to his friend by the Building and Zoning; Department, if we may please? Mayor Carollo: Feel free to. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): OK. Real quickly, the square footage that he said can be built on the property is the total FAR that can be built. But that's total FAR once you comply with setbacks and everything else. This property is basically two structures, a principle structure and then a rear structure that are connected by a corridor. So, he could achieve the entire square footage. He can build and up to the 25 feet, if he builts up the center but then he would be giving; up his center courtyard. So, he can get up to that square footage but 141 October 24, 1996 he, you know, he has to comply with setbacks and all other zoning requirements. And regarding the information that was given, whether this was a special exception or a variance, that was a change in the law that came to you several months alto. We amended the ordinance to say that, when you are going to do an addition to a nonconforming structure, if the addition is more than 50 percent of the length of the structure or 50 percent of the height of the structure, you couldn't do it by special exception anymore. You needed a variance. So, adding a second floor to a structure means you're adding; more than 50 percent to the height of the structure. Their height addition, they have a parapet wall on that rear structure so I think they were thinking that they were less than 50 percent because it was a parapet wall. The Building and Zoning determined that the height of the structure was up to the ceiling; line of the first floor, not a parapet wall, or else he could of, you know, built a lot higher. So that's clarification. Mayor Carollo: OK. Would you like to make a final rebuttal on the gentleman's statements? Mr. Bass: Yes, just briefly and again. And I don't want to appear incentive because this is clear. What has happened and is clearly less than right. But, unfortunately, it does not rise to the level of a legal hardship. There is one question that you need to ask yourself when you grant a variance. It's deliberately simple. That is, can they get a reasonable use out of this property? If they bought a property mistakenly, if they were misrep, if their broker made misrepresentations to them, if their lawyer made misrepresentations to them. If they failed to adequately inspect the property, well, that's not right but that's not a legal hardship. And the question before you all is, is there a legal hardship? I just wanted to clarify something Ms. Slazyk said because I think it's important. In direct response to people attempting to overbuild their lots, you all and your staff proposed a modification to your ordinance relating to nonconforming structures. And that basically says that nonconforming structures should not and cannot legally be expanded and that's consistent with Florida's General Law on the expansion of nonconforming structures. They're trying to take something; that's already too much and to make it bigger. They have sympathetic reasons, they are not a hardship. I would respectfully urge you to deny this application on that basis. Thank you, very much. Mayor Carollo: All right. Thank you. We need the owner to state his name for the record. The property owner for him to state that he is the property owner. Mr. Gustavo Sidelnick: My name is Gustvo Sidelnick. I live in 2205 Southwest 28th Street. Mayor Carollo: OK. And you are the property owner? Mr. Sidelnick: Yeah. Mayor Carollo: OK. Thank you. What is the will of this Commission? Commissioner Plummer: You want a motion? Mayor Carollo: If not, I'll make one. Vice Mayor Gort: I'll... Commissioner Plummer: I'll make a motion that we, what's the proper, grant the appeal? Vice Mayor Gort: Grant the appeal. Commissioner Plummer: Which way do I want to go? I want to say that I'm going to favor the people on this side. 142 October 24, 1996 i 4 i f i Ii Mr. Smith: I think... Mayor Carollo: Well, what it is, you want to approve the appeal, reversing the Zoning Board's decision. Commissioner Plummer: Approve the appeal or reverse the Zoning Board? Mr. Smith: Both. Both. Mayor Carollo: Yeah, you want to approve the appeal, reversing... Ms. Miriam Maer: Right, that's B. Mayor Carollo: ... the Zoning Board's decision. Mr. Smith: Right. Ms. Maer: Exactly. Commissioner Plummer: That's exactly what I had in mind and that's my motion. Ms. Maer: Denying the variance. Mayor Carollo: There's a motion. Well that's what it means denied. Vice Mayor Gort: Second. Discussion. Mayor Carollo: There's a motion to deny the appeal which... Ms. Maer: No, the motion is to grant the appeal respectfully. Commissioner Plummer: Grant the appeal, deny the Zoning Board. Ms. Maer: And deny the variance. Mayor Carollo: Absolutely. Commissioner Dunn: Second. i Mayor Carollo: Any further comments or statements? All in favor signify by saying "aye". The Commission (Collectively): Aye. Mayor Carollo: For the record so... Since there is a court reporter here. Mr. Clerk can you call the roll so that there'll be no mistake on how the vote went. r The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-790 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT A STRUCTURE WITH A REAR SETBACK OF 5'-0" (20'-0" ALLEY, THUS, REQUIRING A VARIANCE OF 5'-0", FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 2205 SOUTHWEST 28TH STREET, MIAMI, FLORIDA, ZONED R-1 SINGLE-FAMILY RESIDENTIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ----------------------------------------------------------------------------------------------------------- 23. DISCUSS CONTINUE CONSIDERATION OF PZ8 (PROPOSED SPECIAL I EXCEPTION TO PERMIT HEALTH CLINIC AT 1900 BRICKELL) -- r FURTHER, INSTRUCT ADMINISTRATION TO MEET WITH HOMEOWNERS' ASSOCIATION FOR RESOLUTION OF CONCERNS. Mayor Carollo: Thank you. We're in item-8. Could I see the hands of the people that are here for item-8? OK. This is one of the other big ones. That's fine, thank you. We're in item-8. Go ahead, sir. You need to give your name and address for the record. Mr. Francisco Garcia: Yes. Good evening, Mr. Mayor and members of the City Commission. For the record, my name is Francisco Garcia with the department of Community Planning and Revitalization. This application is for a special exception permit requiring City Commission approval in order to allow a medical office in the R-3 district. The specific address is this application for 1900 Brickell Avenue. This department has found that this specific proposal is an appropriate adaptive reuse of an existing family single family structure and for that reason, we recommend approval with two conditions. First condition is that the facility shall be limited to outpatients only, with no overnight stay. And the second condition is that the proposed facility shall be limited to plastic surgery only, and that any change of the type of practice shall be subject to the review and approval of the Zoning Board. The reason we have recommended approval, is we think this application does two very beneficial things to the neighborhood. It 144 October 24, 1996 preserves an existing residential structure, one of the very few remaining. I think there are approximately five in the area presently. And it also makes use of this property which is one of the least intensive we can think of. One of the most benign we can think of. What it doesn't do, it doesn't generate too much demand on the infrastructure and it is, we think, a preferably alternative to what is permitted also by the Zoning district which is to erect a medium density, residential structure... amid -rise building. That's what I have by way of presentation, I will answer any questions you have. Thank you. Mayor Carollo: Excuse me, how long you've been working for us? Mr. Garcia: Approximately one year, sir. Mayor Carollo: OK. I hadn't seen you around, I was wondering why. Thank you. Ms. Dougherty. Ms. Lucia Dougherty: Good evening. Mr. Mayor and members of the Commission. My name is Lucia Dougherty. I am an attorney with offices at 1221 Brickell Avenue. I am here today representing James Donalind, who is the owner of the property as well as the contract vendee, Dr. Suarez -Menendez. Dr. Suarez -Menendez is a plastic surgeon in Miami. His offices have been in Coral Way for 15 years. He has, in fact, admitted to practice in seven different hospitals and he is... He was the actual chief of plastic surgery in four different hospitals at different times in Dade County. He lives in Morningside and he wants to relocate his office in a single family home and renovate the existing single family home. Have one nurse, one administrative assistant, and one doctor. He is committed and has agreed to the condition that that be the case in this particular facility. Mayor Carollo: Lucia, hold on for a minute. Walter, do you need to swear her in? Mr. Walter J. Foeman (City Clerk): Yes, I do. Mayor Carollo: Can you swear her in for whatever she said so far, and what's she going to say now? Commissioner Plummer: Retroactive. Mr. Foeman: OK. Mayor Carollo: Thank you. Ms. Dougherty: I promise to tell the whole truth and nothing but the truth, so help me God. Both now and before. Commissioner Plummer: Forever more. Ms. Foeman: Proceed. Ms. Dougherty: The alternative to... Commissioner Plummer: Congratulations, you just got married Ms. Dougherty: That wouldn't be so bad. The alternative to this single family house is something that is as of right would be 26 units. In other words, anybody who bought this property could go in and pull a permit for 26 units without having any kind of public hearing. And it is for that reason that we had a protestant who came to the Zoning Board, Dr. Miller, who 145 October 24, 1996 owns the residence immediately next door. Excuse me. Dr. Miller owns a unit, and this immediate next door neighbor, he came to the Zoning Board. Was going to protest the approval and in turn, turned out to be a supporter. He says, how can I possibly complain about a single family home that's going to be renovated, and it's a lovely one? That's going to have 78 feet of setback instead of 20? It's going to have 50 feet of setback in the rear, instead of ten? More larger setbacks on the side? I look into a lovely structure instead of what could possibly be 26 units with all the intense traffic and construction, debris, noise, etc. I would like to show you. This is the site plan. This is a Gayle Baldwin site plan. They have 12 spaces. He anticipates seeing 10 patients a day. The condition that the Planning staff has put on this approval, and we agreed with, is that there would be absolutely no surgery, no patients staying there overnight. It is simply an office. Commissioner Plummer: Did you say no surgery? Ms. Dougherty: None, at the premises. He's, remember, he's admitted... Commissioner Plummer: I thought he was a plastic surgeon. Ms. Dougherty: Yes. This is his office. He's admitted to practice in seven different hospitals and that's where the surgery would take place. Commissioner Plummer: Oh, so this is to see patients, not to do the actual work. Ms. Doutherty: That's exactly right. And you know, it's interesting, I said to him: "Why do you want to come to this single family home, why don't you go to an office building?" And he says, my patients really don't want to be seen, going into to an office building to see a plastic surgeon. And in this way he gives his patients and himself some privacy. I can understand this. So anyway, we have on Brickell Avenue, if I could just point out this area here, we have a plastic surgeon office right here on South Miami Avenue, an ecology lab which is designated as number one. Right here, number 14, is the building in question. These other buildings, they didn't help me. These are the other four houses that possibly could be turned into an office building in the same manner. Now, when I first talked to the homeowners', the Brickell Avenue Homeowners' that are protesting the facility, I asked them "But what's your problem"? And they said "Well, we don't mind this facility necessarily but we're afraid of the precedent because if we allow you this, then what happens when a real medical clinic comes into Brickell Avenue". So, I've prepared an ordinance for consideration by the City Commission, if you would care to desire to pass this ordinance. And, it basically says "except in the area bounded by Southwest or..." This is your existing language by the way. The underlying is what I would add, or suggest in addition. "Convalescence homes, health clinics, nursing homes, institutions for the aged and infirmed, orphanages". These are all permitted by special exception in this district. And I said "except in the area bounded by 15th Street, 15th Road, 25th Road, Brickell Avenue, Biscayne Bay. Health clinics are not permitted except a physician's office with one practitioner if an existing single family building is renovated and converted into the physician's office are permitted by special exception". So I thought that that would end their protest and I agreed that my approval wouldn't even be finalized until this became effective or at least this became effective or least was passed on first meeting by the Commission. They said "no, we're really concerned about commercial intrusion into our single, into our neighborhood". So at that, we went to the records building of the City of Miami and pulled how many occupational licenses for businesses are located between 15th Road, actually between 18th because they didn't have that for 15th, between 15th and 25th. And we find that there are 71 businesses with an occupational license in that area. Many of which are in the condominiums across the street from the area in question. I just want to give those to you. We have doctors. We have lawyers, we have real estate agents, we have a bakery. We have a couple of restaurants, we have beauty salons, several doctors, realty companies, many of which by the way are illegal, from what I understand. Either 146 October 24, 1996 that or they are nonconforming. But we have 71 businesses. I would like to present that for the record. In addition to that, the folks who do live immediately next door. As I said, Dr. Miller got some of his other neighbors who wrote letters and said that they are also supportive. And I'd just like to read one of those. "Due to my travel plans, I am unable to attend the public hearing, but as an adjacent resident and property owner and the most effected by the proposed plastic surgeon's office, I strongly urge the City Commission to approve the special exception application". Dr. Miller's nurse died this week, and, therefore, he had to go out of town. And he says, essentially in a pretty lengthy letter handwritten this morning, he said the organizations across the street seemed to be opposed to the request even though they are removed from the property and in most cases they can't even see it. I would hope in the opinion of the adjoining neighbor, property owners would carry more weight in those less effected and he's supportive of this application. We have two more adjacent property owners in support in this petition. In addition to that, my client, the doctor has many, and his mother went to many of the residents on Brickell Avenue and lie's been able to collect 204 signatures of residents on Brickell Avenue that are supportive of this application. In addition to that, we thought well, is there something intrinsically wrong with commercial development? So, then, we went to Brickell Key which is right down the street, as you know, from this particular area in which we have offices with lots of lawyers in there. We have a restaurant, skin care, nails, a realty, sales rental, video, travel agency, etcetera. And we noticed that we had our appraisal company look at the resale values of houses on Brickell versus Claughton Island. We see that the average resale price on condominiums on Claughton Island is one hundred and ninety-one thousand ($191,000) versus one hundred sixty-nine thousand ($169,000) average on Brickell Avenue. And the conclusion is, there are 213 units currently listed on Brickell. Sixty-four on Brickell Key. Based on this information, it doesn't appear that the existence of commercial uses on Brickell Key has an adverse effect on the marketability or sales price on condominium units located on the island. In conclusion... Yes, we'd like that oil the record. In conclusion one of the standards that you must follow in this... this is a permitted use. Permitted use that has to have a public hearing to make sure that if there are any adverse impacts those are addressed. Your Planning Department has already stated that they don't have, in their opinion, any adverse impacts. But the other ones you are to consider - ingress and egress, offstreet parking, refuge service, signs and lighting, utilities and drainage and control of adverse effects. Again, your job is to mitigate any particular or any possible adverse effects as opposed to denying something which is a permitted use. Anything else Adriana? I have Jerry Proctor, who is planner, a former planner with the City of Miami, with Dade County. I'd like to come forward and just give you a very brief indication of whether in his opinion, there is any adverse effect of this use. i Mr. Jerry Proctor: My name is Jerry Proctor, with offices in Miami at 701 Brickell Avenue. As i Ms. Dougherty mentioned, I've reviewed the application against the special exceptions I standards in your code, Section 1305. Those standards generally talk about the protection of adjoining properties from potential adverse effects of the uses being proposed. In this case of course, the real issue is the special exception being required for the nonresidential use in an area that is otherx:v; c residential in large part. Ms. Dougherty mentioned some of the standards. I t} r;k- it' really boh3 down to the design of the building, the type of use, the limitations on the use and the harmony o:' that use with the residents in the area. As she mentioned, the design of the building, the building already existing of course, has a front set back of 78 feet, well in excess of your code and I think in that sense it is much preferable not only to another kind of an office that might be proposed there but more preferable than residential which could be built there as a matter of right. Built at a much lesser setback. I know that in this area along the west side of Brickell, you have a number of residential developments, many of them new, that are much closer to Brickell. So in that sense, I think from a design standpoint, you have a favorable reaction that this property gives to the neighborhood. In terms of harmony with the residents, again with a nonresidential use, I think one of the things you are looking at is any kind of intrusion, any kind of intensity that is greater than the residential area. And again, in this case you have conditions that limit the type of use. You have no overnight stays or things that would 147 October 24, 1996 harm the residents while they are at home, both relaxing and sleeping. You have the use occurring in the day when many of the residents are away working and doing other things. So, in that sense again, I think the office use is compatible both in design and in harmony with the neighborhood as your code stipulates. I'd be happy to answer any questions you might have. Right. I would put my resume in the record, as 1 depart. Mayor Carollo: OK, let me stop for a second. If I could get on the record, there are two court reporters here. Can they identify themselves, what company they're with and whom they're representing? Ms. Cathy Elmore: My name is Cathy Elmore with Peggy and Cook and Associates. I am here on behalf of Mr. Bass. I do not know the name... Mayor Carollo: OK. Can you get the mike to them please? I apologize ma'am. If you can repeat that again. She's bring the mike to you. Ms. Elmore: My name is Cathy Elmore. I am with Peggy Anne Cook and Associates, here on behalf of the neighborhood. Mayor Carollo: Thank you. And the other lady that's here. Just one more lady over here. Thank you. Ms. Monique Farah: Hi, I'm Monique Farah with Chuck and Associates and I'm here on behalf of this woman, Lucia. Mayor Carollo: Thank you. OK, Lucia. All I could say is, that for such a small project I've never seen so many court reporters. Lucia usually comes alone. Slie's got another attorney from her firm. Top opposition here. Must he one heck of a plastic surgeon, that's all I could say. And I'm not going to ask how many here are patients or former clients. But, go ahead, sir. Ms. Dougherty: Mr. Mayor, we have some folks who want to speak in support of the application who are residents. Mayor Carollo: Oh, they will, of course. Let him speak, then, we'll go to the people who want to speak in favor and against. Mr. Bass: OK. If that's the pleasure of this Commission. Mayor Carollo: Surely. Mr. Bass: Once again, Jeffrey Bass is my name, 46 Southwest 1st Street. I'm here representing the neighborhood once again. Specifically, I'm representing Tory Jacobs in the Brickell Homeowners', individually and in his capacity as president, together with Norman Miningberg, whose address is 1901 Brickell Avenue, directly across the street; Mitra Blough (phonetic), Bruce Cotton, David and Fannie Roberts, Martha and Orlando Soto, Ruth Stuzen, William Hall, Andrew Williams and a number of other people who are here, and who have been here, and if I could ask them once again to stand and be recognized. They will not all be speaking, we have a few specifically determined speakers who will address you very briefly. They won't repeat themselves but for those who are here in opposition to this, if I could please ask you to stand and have your presence he recognized? Thank you. Mayor Carollo: Sure. Can I see who the people are that are in favor of it, so we won't have to do that again? OK. All right. Thank you. What I'd like to ask is, if you could take whatever time you need, that's reasonable... 148 October 24, 1996 �i r Mr. Bass: I'm going to move it along. Mayor Carollo: ... to present your case and then the people who will speak from the neighborhood in favor or against if they could limit their comments to one minute each? I would appreciate it. Go ahead. Mr. Bass: And, Mr. Mayor, if I may respectfully because sometimes it's a little bit unclear, who lives where. If I could have people stand who live in the immediate vicinity to this application, who don't live in the Moorningside area, who don't work for the doctor. If I could have the neighbors who are here, who are opposed to this stand, I would greatly appreciate that. Mayor Carollo: Uh-huh. Mr. Bass: If you live in the neighborhood and you're here and you're in opposition. If you could please stand and have your presence recognized. Thank you very much. And in addition to those who are here, I have almost a thousand petitions which I would like to proffer for the Clerk to be included in the board. And, Mr. Mayor, I'd like to proceed with your blessing, procedurally. I have a few questions that I would like to ask of Mr. Proctor. Basically two questions. These are quasi judicial proceedings, I believe I have the right to ask him those questions but if you prefer that I ask him through you, that would be fine by me as well. Mayor Carollo: I would prefer that you ask him through the Chair here. Mr. Bass: OK. If we could have Mr. Proctor up here? Mr. Proctor testified that he is a planner and I would also like to know whether or not lie is an attorney? Mr. Proctor: Yes, I am. Mr. Bass: And in your capacity as an attorney, have you ever spoken publicly in opposition to a project brought forward by a developer? Mr. Proctor: No, I have not. t Mr. Bass: And I'd like to know who's paying Mr. Proctor this evening to be here? Mr. Proctor: My client is Dr. Suarez -Menendez. Mr. Bass: OK. Mr. Proctor mentioned the office use as a permitted use. I'd like him to state his basis that an office use is a permitted use in a residential district? ' Mayor Carollo: Go ahead. i Mr. Proctor: The office use is a special exception. What that means is that it is not subject to rezoning or some higher standard such as a rezoning or use variance. It is subject to review for compatibility in the standards and the design and the things that I spoke about. It is subject to that review and that's why we're here. That's the sole reason we're here. We're not here to rezone the property or have a use variance or any other sort of heightened change to an office. That's not required in this instance. t Mr. Bass: And this is my last question, and I thank you for the opportunity for this procedure. I'd like to know on the ordinance shown to you which reflects your ordinance and has a red line where office is listed as a permitted use by special exception.? Because I didn't see when I, looked at it. 149 October 24, 1996 F l i r Mr. Proctor: That being a subclassification of an office. I speak generically of the word "office". The more precise term that is approved is a "health clinic" at this moment. Mr. Bass: It's a very simple question, is it an office use? I'm sorry, Mr. Mayor I get carried away. Mayor Carollo: Why don't you get the mike, so that you can go on the record. Mr. Bass: OK. It's a simple question. Are office uses permitted? It's a big leap and I don't believe that this is a health clinic and I'll explain that to you. It's a simple question, are office uses permitted in this district? And if they are, where does it say that they are? i Mr. Proctor: Office uses are not listed as an approved use in this district at this time. Mr. Bass: Thank you very much. Mayor Carollo: Sure, thank you. OK. Mr. Bass: I'm going to be very brief because I'm going to only tell you things that you already know. You already know that you, as the City Commission are the oning authority when you're sitting at this time in your agenda. And as the Zoning authority, it is your job to control the timing of development. Zoning is the mechanism by which the timing of development is I controlled. This is an application which is essentially asking you to surrender a residential portion of Brickell Avenue to nonresidential uses, to commercial uses. You already know that Ithe same request was made before your Zoning Board, and a full blown hearing was held. You should already know that the very same argument was made before this Zoning Board and we ask them as we ask you, please hold the line. You know that your professional staff recommended approval of this based on a need for this in the area. I had crossed examined them at the Zoning Board, I'll just give you the cliff note version of it. In considering need, they did not consider the proximity of Mercy Hospital. They did not consider the fact that over 35 plastic surgeons maintain medical offices at Mercy Hospital. And that Mercy Hospital is in the immediate proximity to this. And once again, for the record if you haven't seen it, though it's included in your kit, there is a printout of every doctor in Mercy Hospital who is a plastic surgeon. Mayor Carollo: Thank you. Give it to Plummer. Commissioner Plummer: Fine. That's just what I need, 35 plastic surgeons. Mayor Carollo: I meant so that he could pass it down this way. Commissioner Plummer: Damn. i Mr. Bass: Could you believe, I'm 62 years old. i Mayor Carollo: Why would anybody think that I said that? Commissioner Plummer: No. Mr. Bass: A couple of arguments that I hope you're aware that were made before the Zoning Board because they will include you in the process. Before the Zoning Board, I stood before you. I'm sorry I stood before the Zoning Board and I said that this ordinance as noticed is unconstitutional. And it's unconstitutional because if you live in a 1,000 high-rise on Brickell 150 October 24, 1996 r t Avenue, how many property owners get notice of this application. And the answer is, none. The Homeowners' Association gets notice. So there are potentially thousands of people out there who never receive notice of this application and were never mailed notice. And that doesn't sound like such a big deal. But in light of the standing requirement, and I'Il do this as simply as I can, the law in standing says "Homeowners' Associations don't have standing to challenge zoning disputes". But homeowners' do. The only people under your ordinance who get notice are people who can't come before you and challenge these things because they are associations which may or may not own property. We raised the notice issue, the Zoning Board was amazed that not everybody who lived in those buildings get notice. They passed the motion requiring an amendment of it so that everybody who has a stake get the notice to which they are entitled. Secondly, and it's developed very eloquently by Mr. Proctor's testimony, we believe that this is I defective because this is an application for an office use. And office uses are not permitted here. Under the very clear law of the Third District Court of Appeal, a variance which permits a use that's not permitted is a use variance and in order to have a use variance it's like we were in the previous item, you need to show hardship. This is a house, there is no evidence here that it can't remain a house and related to that I'd like to address the big myth. Ms. Dougherty came before this board. I am sorry before the Zoning Board and said "we want to allow this doctor to have this commercial use here, to preserve a house". Well, there is absolutely no assurance that after you allow him to open up shop here, he doesn't just turn around and sell it and then we get the 26 units that we were threatened with then. And as, since we were threatened at the Zoning Board, allow us this because what we could do is even worst. And I consulted with my clients and they said "that's a chance we're willing to take. Let's keep residential Brickell, residential". How could we who live in high-rise object against another high-rise? And we can't. But we can object to the first intrusion of a commercial use in this portion of Brickell Avenue. You should already know that your Zoning Board diligently looked at the standards set forth by Ms. Dougherty and reiterated by Mr. Plummer. And they concluded that if this use were to be approved, we would in fact have to approve subsequent requests for commercial uses and this, in fact, would have an adverse, a potentially adverse effect on the neighborhood. And that in and of itself', was sufficient for them to deny it. I submit to you it's sufficient for you to deny it. I usually agree with your staff, tonight, politely, I have to disagree with them. They do a great job but in this particular instance, if you look at their recommendations, they do not rise to the level of being competent in substantial evidence because they are merely conclusions. They are j conclusions based on a need which clearly doesn't exist. I think they even referenced opportunity for employment but we've just heard there are going to be almost very few people employed here. And it's based on the fact that they believe that this would be beneficial to the f neighborhood. Well, you have the neighbors here, you will hear directly from them, about whether or not this is beneficial to the neighborhood. And I submit to you that, categorically, jthey will tell you that it is not, that you should deny this. Because you will be allowing the first of an inevitable parade of nonresidential uses in this very prestige portion of Brickell Avenue which they have struggled to protect against commercial uses, for a very long, long time. I am going to go very quickly now. What else did the Zoning Board consider that you should already know? The Zoning Board considered that this doctor has a mere option on this property. That he is contractually obligated to come before you and ask for this. And if you deny this request, what happens? His option lapses and Brickell Avenue remains Brickell Avenue. We submit to you that this option and this business deal, an attempt to locate here, is not a significant justification for destroying the uniform pattern of development in this portion of residential Brickell. You shouldn't allow it. Lastly, they consider the fact that the City of Miami is not short on zoning which can accommodate medical office uses. You have Coral Way and you have Brickell Avenue. And the two need each other. There is a symbiosis between the two. Coral Way is punctuated by medical offices. In fact this doctor maintains a medical office on Coral Way. We would submit to you, keep Coral Way, Coral Way. Keep residential Brickell, residential. Deny this special exception, there's no need for it. Briefly, I'd like to have some neighbors address you if they could? Thank you very much. 151 October 24, 1996 I �' �i Mayor Carollo: OK. What I'd like to do now is try to limit to six and six from each side. If we could limit it, each person to, if it's possible no more than two minutes per person. And then what I'll do is, I'll give a final rebuttal time to both sides attorneys, two minutes each. Commissioner Plummer: They've all got to be sworn in. Mayor Carollo: Yeah. Mr. Bass: One technical matter, and I apologize. I need to move to strike the appraisals submitted by Ms. Dougherty. I realize this isn't a courtroom. But it's total hearsay. The appraiser is not here. I do not have the ability to cross-examine it and I think it's extremely prejudicial. Mayor Carollo: Well, you're right, it is not a courtroom so we... Do you have the six people that will be speaking for the neighbors that are against it? So that we could swear them in all at one time and...? Do you have the six people that want to speak for it, in favor? See if we get everybody ready at one time so that... Mr. Clerk, this is your show. Go ahead. Mr. Walter J. Foeman (City Clerk): OK, Mr. Mayor. Mayor Carollo: Swear them in once they are ready. Identify who we have here. Mr. Foeman: OK. They are not ready yet. Mayor Carollo: Only six for each six. So you all decide who gets to talk. Yeah. OK. Are we all ready? OK_, those who will be speaking and if they could raise their right hand please? Mr. Foeman: Do you solemnly swear or affirm that the statements that you are about to make here, tonight, will be the truth and nothing but the truth, so help you God. Mayor Carollo: OK. Mr. Carlos Smith (Assistant City Manager): Mr. Mayor, if we may, we'd like to make a couple of corrections, clarifications to statements made by Mr. Bass before we continue please? Mayor Carollo: Go ahead. Mr. Francisco Garcia: Thank you very much. I just wanted to take a moment to make a couple of corrections for the record on what we believe are slightly inaccurate statements made by Mr. Bass. Mr. Bass, I think, mentioned that the argument before you today that we have made is based on a need basis. That is the one argument that I have not presented to you. I want to make it clear that the basis on which we are making our argument for recommending approval of this project are two. One, it will help preserve, and it is an adequate adaptor for use of an existing structure. It will allow for a structure, residential structure, that is presently there to remain and we think that is beneficial because there are few of those remaining in the area. Two, we feel that this particular use of this particular property in the Brickell area context is one of the least dense and therefore one of the potentially least detrimental to the area and that, we also think, speaks well of the proposal. The other brief clarification I would like to make is that, if one of the arguments is that this may serve as a precedent to other office users creeping into the area, the mere fact that these are conditional principal users, means that we study these proposals on a case by case basis. And that is why it is before you today. That's all I have to say, thank you. Mayor Carollo: OK, thank you. 152 October 24,1996 Mr. Bass: Again, if I spoke arrogantly, I was only speaking from page three of your report which says that this health clinic will provide a needed service to the community. Mayor Carollo: That's fine. Mr. Tory let's begin with you all. Start with you, then to the other side and we'll go back and forth until we're done. We need for each person who is going to speak to identify themselves and to please give their address. Mr. Tory Jacobs: Thank you, Mr. Mayor. Mayor Carollo: Thank you. Mr. Jacobs: Mr. Mayor, Mr. Commissioners. My name is Tory Jacobs. I live at Brickell 25, a condominium at 145 Southeast 25th Road. I first moved into Brickell, 20 years ago in 1976 and I have been an organizer and an officer of the Brickell Homeowners' Association since it was founded in 1990. And the primary purpose of this organization is to protect and enhance the amenities, the life-style of this residential neighborhood. Today the Brickell Homeowners' Association has 4918 residential units -dues paying members, that stretch from Brickell Key to Rickenbacker Causeway and our board representing these residences voted to ask the City Commission to support the Zoning Board's position to deny this special exception. Brickell Key, it was mentioned, has mixed use but the people who bought there, knew it was mixed use. Their were expectations were not a pure residential neighborhood such as we have on Brickell. The thought has been expressed that this is a way to save one of these lovely mansions on Brickell. I submit to you, there are other ways to save them by not taxing on the basis of highest and best use. But our concern is not saving; the mansion and our concern is really just to protect and maintain this residential integrity. I think that tile... calling this office a health clinic is subterfuge, a perversion of the ordinance, of the Zoning Board language, because it definitely is not a health clinic. And it is subterfuged to try to get this in on that basis. I hope that you will support our position and our neighborhood's desire. Thank you very much. Mayor Carollo: Ten thirty. It they could be here earlier, it would be better. Yeah. Go ahead, ma'am. Your name and address please? Ms. Adriana Sanchez: My name is Adriana Sanchez, 1890 Brickell Avenue. I'm the property in this picture, right next to the house. My backyard and my living room both face the house. It's a lovely house, it's got a beautiful pool. When I bought the property, the reason for buying it was the lovely view that I had next door. And it would be really be a shame to lose it, to have a higher, you know, building put there. That's what I would look at every day if something else was built. I am also the president of the Homeowners' Association and I had a chance to speak with almost all of the owners and they're all in agreement on this being turned into an office. Mayor Carollo: Thank you ma'am. Go ahead, sir. Joe Wilkins: Thank you. Joe Wilkins, president of the Miami Roads Neighborhood Civic Association,. I live at 228 Southwest 23rd Road. I'm here at the request of the neighbors on the South Miami Avenue area who first bacame aware of this and alerted us to this situation. Our association has a long history of fighting for residential integrity. I know this plan sounds very reasonable at the moment, as far as saving this house but we need to look, not only at the history of the area, going back to Mary Brickell, it has been residential, but we need to look to the future. What do we say to the next person who buys one of these houses and says, "look, there is a clinic there," because although this looks like an office, it is legally a clinic? What do we say to the next person who wants to buy one of these houses and make it into a clinic. Now, I know the gentleman said, you look at it at a case by case basis. But we've all seen how these things go down here. Once you open the door for this, it's very, very hard to close it. We ask you to, please keep residential Brickell, residential. Thank you. 153 October 24, 1996 r Ms. Maria Christina Abella: My name is Maria Christina Abella. I live on 1890 Bricked Avenue. The house that you can see there on that picture too. I am very much in agreement with preserving this property. The only reason that I bought my property was because it's a house, it's like a house. And I very much think that having this property preserved not only is good for Brickell Avenue - it's a historical property - I think it is one of the few still on Brickell Avenue, but also it will allow us to continue to have the view that we have thus far. And, I think that's something that we really look forward to. And, also, because we have seen, and we have really talked about this, among the neighbors. There is a property similar to this on the other end of Brickell, 1500. That is also a medical practice. They preserved the property; it looks wonderful across from the church. And, I think that this could work very well. And we're very much in favor. Thank you very much. Mr. Norman Miningberg: My name is Norman Miningberg, I am a real estate broker. I live at 1901 Brickell Avenue. I have been there for nine years. I don't support this because I don't support any commercialization of the street. I think it eventually will lead to a... more commercialization on Brickell Avenue. Thank you. Ms. Mindy Pallot: Hi, my name is Mindy Pallot. I live at 1627 Brickell Avenue. I have been a resident of Brickell for ten years now. I'm in favor of the doctor's proposal because I don't think that this would adversely affect the neighborhood. My neighborhood. And what's more I think it's far preferably to a multifamily residential development. We have enough of those. Thank you. Ms. Belinda Danies: Good evening, Commissioners. My name is Belinda Danies. I live at 1901 Brickell Avenue, directly across from the project that you're discussing this evening. And I'm here to ask you to, please deny that project. I would like to preserve our area as a residential area, as a family area for all of our neighbors in that west side of Brickell Avenue. And I ask you to, please deny that. Ms. Evita Lancoitti: Hi, My name is Evita Lanciotti and I live in Brickell Place, in 1959 Brickell Avenue for 17 years. And in my building in Brickell Place we have a beauty parlor; we have a grocery, two groceries and we have all the first floor full of legal offices with different people for lawyers and this and that. So I don't see why, I mean, this has to be denied. I think this is going to be... I am very much in agreement with this. So, I don't see where it will spoil our property or nothing like that. Thank you. Mr. Joel Brown: Good evening. My name is Joel Brown, I live at 1901 Brickell, which is directly across from the subject property and overlooks the subject property and overlooks the subject property. I have been a long term resident there. I jog through the neighborhood, I drive through the neighborhood. From my own observation, I can tell you there is not a need for a medical facility or a doctor's office at this location. As you've heard, Mercy is less than a mile away. It takes, well, it use to take me less time, but now it takes me about 12 to 15 minutes to job to Mercy, it's gotten further away from where I live. Jackson Memorial is a medical complex. It has plenty of medical facilities by car that's ten to 12 to 13 minutes. Coral Way is less than ten minutes away and likewise has medical facilities. To permit a commercial structure, changes the character of the neighborhood. I believe that it devalues the neighborhood. I can understand the concern of the other neighbors, not wanting a high-rise coming up next to them, but the fact of the matter is, this is what the zoning is. Residents have a reasonable right to expect when they move into a neighborhood that what it's zoned for will remain there and the character of the neighborhood will not be changed. That ordinances will not be passed to accommodate someone from another neighborhood, from Morningside. I am sure the applicant is a fine doctor, but he's coming into our neighborhood with an option on a property. There is no urgency. If you deny the application, I'm sure he can find another office 154 October 24, 1996 in another area, in a single family dwelling. So I urge you to protect the citizens in this neighborhood from changing the character of the neighborhood into commercial use and it will open the door, this Commission will be hard pressed to tell the next person who wants to turn a single family dwelling into an office, "no", once you take this step. Thank you for the time. Mayor Carollo: Thank you. Go ahead, ma'am. Ms. Morina Villarea de la Campa: (SPANISH) Mr. Smith: Wait, wait, wait. Slow down, slow down. Despacio, Despacio. (Mr. Smith translates Ms. de la Campa's comments] Mr. Smith: I live in 1809 Brickell Avenue, Apartment 1706. I'm a supporter of the doctor are lawyers, dentists, doctors, cafeterias, all kinds of putting his office in Brickell Avenue. There businesses. Additionally, it's a plastic surgeon and she wants to make use of his talents. (APPLAUSE) Commissioner Plummer: Well, tell her to be careful, if this fails I might put in a funeral home. Ms. Dougherty: And Mr. Bass said this was not a needed use. Mr. Miningberg: Excuse me, but I forgot to say something before. My name is Norman Miningberg and I'm not. I don't do well in front of crowds, but as a broker I really do feel that there will be a negative impact on the beginning of commercialization on Brickell Avenue. And I feel that the residential appreciation of the units on Brickell Avenue would be hurt by it. Thank you. Mayor Carollo: Go ahead, ma'am. Ms. Maria Julia Cid: Yes. My name is Maria Julia Cid. I live in 2451 Brickell Avenue, Apt. 40. I support Dr. Suarez -Menendez because I think that there's a lot of business around there, around 70 businesses. And I think that Dr. Menendez is going to be another one, it's nothing against those businesses in that section. So, I am in agreement and I support him. Mayor Carollo: All right. Ma'am. Ms. Ellen Hastings: Hi, my name is Ellen Hastings. I am an 18 year resident of South Miami Avenue. I moved into the area because it's residential. I would like to address these people that live in the condominiums. If I wanted to live in a condominium, I would make sure that I had a sundry shop for my convenience to go down in the elevator and other things, a little bakery. We are not allowed as public to go into your property. It is exclusively for your rights and your use. So, that theory is thrown out. Also, we surveyed Dr. Gordon and Baker today, and at one thirty in the afternoon, granted he has four partners including himself, there was 18 cars parked. Now if the doctor that wants to open up a plastic surgery office guarantees us that it's just going to be him, I really doubt it, because the way the health care system is going, you will starve. You need other partners, you do. OK. One other thing. OK. All right, that's it. Please keep it residential and not commercial. Mayor Carollo: All right. I think we're down to six on your side and I think we had six on this side already. I believe we did. We had six over here I believe. Mr. Hernest Oday(plionetic): My name is Hernest Oday, I live on 19, 1865 Brickell. 155 October 24, 1996 r id Mayor Carollo: We had agreed we'll have six on each side. So, I think everyone's done. I apologize. We're going; to have two minutes rebuttal from the attorneys from each group. And, then, if staff wants to make any clarification or answer anything, they'll have two minutes and, then, we will close the public side of it and the Commission will discuss it. Would you like to begin Lucia? Ms. Dougherty: Yes, Mr, Mayor. This is a special exception. This is a use which is permitted. This is not an office use. This is a plastic surgery clinic which is permitted under the ordinance, which Juan Gonzalez gave an opinion, which has never been appealed by anybody to that extent. There are certain criteria that must be followed in this special exception. These criteria have been met, one of them is not need. One of them is not what happens in the future. One of them is simply ingress and egress. Whether or not there is offstreet parking;, refuge and service utilities, drainage, preservation of natural features and control of adverse effects generally. The, we had folks who were, who are worried about the other five houses. There's only five houses left on Brickell. Two of which are sold, they are now going; to be torn down and become condominiums. So there are only three houses left. Three houses, and 1 don't think it's such a bad precedent if they turned into a one doctor's office and is used and preserved as this one is. One of the opponents was fearful that it would not be a one doctor office. That's one of the criteria, and one of the conditions that this special exception is permitted. So if becomes, if there is more than one doctor, then it's a zoning; violation and enforceable just like any zoning violation. Brickell Place across the street has a, 1901 Brickell has a seven person law firm. Now, I say to you, that that is not an necessary use to that commercial, to that condominium. In other words, they have folks who are coming in from outside of that condominium to use that law office. I urge your support and ask you to approve this special exception. Ms. Bass: I can't speak to the seven member law firm. I have no personal knowledge of that and I... Commissioner Plummer: Well, you don't, but we are going to find out. Ms. Dougherty: One Brickell. Mr. Smith: Lucia, which law office are you talking; about? Ms. Dougherty: It's a law firm in 1925 Brickell, my associate is telling; me. Mr. Smith: Mr. Mayor, it's a different zoning district. R4 versus R3 on the west side. Mr. Bass: Well that clarifies it. Regardless, I see no provision made in this ordinance for law firms. In fact, I see no provisions set forth in this ordinance for offices. What I do see is a provision for health clinics. And there is a very simple reason why residential zoning districts have tolerated health clinics. That is, they provide the most basic health services for the people who live there. It is a tremendous leap of faith to think that a medical office for a plastic surgeon is what your forefathers thought, for want of a better word, when they tolerated a health clinic in a residential area. It was to service the people who live there. This is a medical office. It's a use variance. It requires the showing of hardship. It's improperly labelled as a special exception. But, more basically, this is the proverbial first step, that's inevitable. You're heard substantial competent testimony here from area brokers that this will have a negative impact on surrounding property value. You've heard testimony from residents based on first hand knowledge, personal first hand observations, that no similar free standing use exists in this commercial in this portion of Brickell Avenue. This would in essence be spot zoning at its worst. Regardless of what your Planning staff says, you are going to be hard pressed to deny the next applicant who comes in asking for a commercial use, the same privileges, that this applicant is asking; you for. Looking; 156 October 24, 1996 r at the standards, one of the standards you need to consider is potential adverse impacts. I would suggest to you that an adverse impact on residential property values is certainly something that you could consider as well as the disruption of the uniformed zoning scheme that's in place here. I suggest to you there is absolutely no need. There is plenty of other space. This is a simple business deal and I would urge you to deny this special exception. Thank you very much for your time and for your patience. Mayor Carollo: Any further statements from staff? Mr. Smith: Yes, Mr. Mayor. Mayor Carollo: Where have you been keeping this guy that I haven't seen him around before? Mr. Smith: He's been around. Mr. Francisco Garcia: I have been in the office mostly, Mr. Mayor. I'd simply like to make one very brief statement. Frankly, we were very surprised after we recommended approval of this particular proposal that there was such a position in the neighborhood and at first we could not understand it. Since then we've met with the neighbors and we do understand that there is a valid concern on their part about this application. The concern being; that this may serve as precedent for future office type uses to come into the neighborhood. My suggestion as staff to you, is that there is an easy way to address this. And that is simply to amend the zoning ordinance to limit or restrict the type of office uses or slightly commercial uses that can come into the area or in this R3 zoning district to simply exclude specific uses that they might think are potentially adverse. I would Iike to stress one Iast time, that the proper way to evaluate this proposal is on a case by case basis. We feel this particular proposal has merit to it and that is the reason why we have recommended approval subject to the conditions that we have already submitted for the record. Thank you. Mr. Smith: Mr. Mayor, I think we'd also like to amend the conditions... Ms. Dougherty mentioned one doctor only. Our conditions did not specify that but if she profers that, I think we should include it. Mayor Carollo: That's correct. You included limited plastic surgery only. Ms. Doughtety: That's correct. Mayor Carollo: All right. The public section of this meeting is now over for this particular item. What is the will of the Commission. Vice Mayor Gort: Let me ask a question of staff. This is an R3, this house qualifies for that. Any of the other apartments with an R3 could qualify for the same thing? Mr. Garcia: Potentially, they could apply for it, yes, for the same use. Vice Mayor Gort: In other words, if we grant it here, we can grant it in any other buildings? Mr. Garcia: It would be subject to the same special exception with City Commission approval that this proposal has been. And if this Commission... and if the Zoning Board and this Commission wishes to approve, then, they could go on with it, yes. Mayor Carollo: Any further questions for the members of the Commission? Commissioner Regalado: I have a comment. Plastic surgery is for beautiful people and if the doctor has promised that he will be the only one in that office. That he wants to keep that 157 October 24, 1996 1i residence as beautiful as it can, in terms of having privacy and an atmosphere that it would be good for his patients, I don't think that this sets precedents in terms of having an HMO in Brickell or an office of a general practitioner who will be seeing more than 20 patients a day. My understanding of the profession is that a plastic surgeon only sees a patient in the morning and one in the afternoon. Because lie needs to show this patient pictures and even a different approach then with other patients. So I, if I lived in that area, I would not have a tremendous concern about that beautiful area of Miami being converted into a commercial zone. So, Mr. Mayor, that's the comment I wanted to make. I've heard the most immediate neighbors talk about their willingness to have the doctor by their side. So, I think that, for me, that's what counts. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Go ahead, Commissioner. I had a question for the counsellor regarding if those concerns that the neighborhood had, regarding the safety and protection of the area, was somehow met as revisited by the staff. Would that bring about satisfaction to the community? Mr. Bass: May I confirm with them just briefly on that issue? Commissioner Dunn, what we're speaking about here, what we've been wrestling with here, is not a structure. It's a use. It's a use that's different from any other use in that area. And the conditions proposed and the amendatory language as proposed does nothing but limit it to the commercial use which we oppose. In the most important of all zoning cases, Aucled versus Ambler, the Supreme Court noticed that when lines are drawn, when zoning lines are drawn, some uses are going to be included which should properly have been excluded and sonic will be excluded which have properly been included. An office use, has been deliberately been excluded from this residential j district and we urge you to hold the line and to limit it to incompatible use to us is a solution to a different problem. Our problem is a commercial use and we would respectfully request that you hold the line and you deny this intrusion of a commercial use. And, not withstanding Code Enforcement or violations and improper uses that may be existing, the City of Miami is going to clean up those problems and they should certainly not serve as precedent to allow somebody else to do with this Commission's blessing what other people are doing in contravention to your own zoning code. Thank you for the opportunity to address that. Commissioner Plummer: You know, when I looked at this originally and looked through it, I thought this was a fantastic idea. I really, to me that house serves as a breather for all of the amount of townhouses and the density that is in there presently. You got a 76 foot setback. I forget what the back is. The alternative is, instead of one house, you could have, how many units 26? Twenty-six units. That's got to be 35 to 40 cars instead of 12. You know, but I understand the idea of not the intrusion of commercialism, now you know, commercialism to a certain degree. And, I've asked the City Attorney is there any way on a conditional use that we could apply a condition that if this doctor moves out of there they loose the conditional use? And, the answer is... Ms. Miriam Maer: That you can attach all reasonable conditions directed toward the compatibility of this particular use in the neighborhood, but not to the individual. You can limit it to plastic surgeons. To one plastic surgeon, not to this particular gentleman. But you can attach, looking at the in total application, you can attach all conditions that would serve to... Commissioner Plummer: One plastic surgeon, five foot seven, blue eyes. No, you know, it's, I just got to tell you, if you take that thing down there in the front, you know, it's a beautiful I structure. I think it adds to the glamour of Brickell Avenue and you got one place instead of 26. The only thing that I have a problem with is that no one has stated what the hours of operation. And to me that would be very critical that it be reasonable hours. 158 October 24, 1996 Vice Mayor Gort: My understanding, J.L. is, I think we can put in any hours restrictions that we want. Commissioner Plummer: Well, I was going to ask... Vice Mayor Gort: And I think that the neighborhood itself, what we're looking at is not this application itself, it's the precedent of the business that's going into the area. Is there a way that we can do, or change the ordinance to make sure that this will not happen? Commissioner Plummer: That's what they're talking; about Mr. Garcia: Staff would certainly be happy to consider it. And in fact, we think that is appropriate, yes. Ms. Dougherty: The hours of operation are nine to seven max. Probably out of there before then. Mr. Smith: Mr. Mayor and Commissioners. Commissioner Plummer: By the way Mr. Bass, of 35 plastic surgeons, only five of them have offices at Mercy. Just for the record. Mr. Bass: OK. Thank you. Mr. Smith: We could... Mr. Vice Mayor, we could come back with amendments to the ordinance in December. Vice Mayor Gort: What I'm hearing from the neighbors is not this particular itself. It's the precedent that's beginning there. Do we allow one, then we go into the other apartment buildings and so on. If we could change the ordinance to make sure that this will not happen, maybe limit it to one per square block or whatever or persons only. If we could do that, I think this is a way that we can maintain this house, comply with this, and at the same time deal with the problems that I can see that the neighbors are worrying about. Ms. Lourdes Y. Slazyk (Deputy Director, CPR Dept.): One thing we did in the SD9 District, if you remember, was put limitations by square footage. That you would need a special permit if you were up to a certain square footage and that it would be prohibited over another square footage. You know one of the things that they are worried about here, I think it's the regional, a regional medical facility coming in. Something big, and if it were limited to, you know, adaptive reuse of single family homes and square footage limitations that, you know, that's one way. Commissioner PIummer: Yeah, but she's talking about one doctor. That's not a regional facility. Ms. Slazyk: No, this one isn't, but I think one of the concerns that we heard at the Zoning Board from the neighbors was you know, a larger facility coming in and... Vice Mayor Gort: The biggest concern is the precedent that's being established there. Then, everyone's going to start coming here. I won't mind this. I'd like to keep this house. I think it's a beautiful home. It keeps a beautiful property but at the same time, I want to able to protect the neighbors. If we can put, change the ordinance with only one per "X" amount of space, we're sure that that will not set a precedent. Mr. Smith: We will work with the association in coming with the amendments to the ordinance and bring it back in December, if they're willing to do that. 159 October 24, 1996 12 W Commissieoner Plummer: So, what you're saying... Vice Mayor Gort: What I've seen in the past, in cases like this. People have gotten together and they have come up with solutions that have been beneficiary for the neighborhood. I think we should give it a crack at it. Because I tell you truth, I'd rather see this house there than an apartment building. At the same time, I can see the worries of the neighbors. And I think we can do that by the ordinance and changing the ordinance where we can keep the two. Commissioner Plummer: Make a motion. Vice Mayor Gort: What kind of? How do you structure this motion, if we don't have anything specific? Ms. Dougherty: Could I make a suggestion? Vice Mayor Gort: Let me hear it from you. She's pretty good at it. Commissioner Plummer: Motion. Ms. Maer: You have a resolution in your package if you want to approve the special exception. You would reverse the Zoning Board and you would approve the special exception with the conditions that you've been discussing or any other conditions that you would choose to place on there as long as they are related to the compatibility issue. Vice Mayor Gort: But; I don't think we have any specific conditions. I think what we might need to do in this one is, defer this item for you to get together with the Homeowners" Associations for them and come out with the ordinance that will protect all of us. Ms. Maer: You could do that, and you could include that in your motion if the feeling of the Commission were to approve this. But, your concern is expressed about the ordinance. You could have the effective date of the ordinance preceed the effective date of the special exception. Then, they wouldn't necessarily have to come back here. Commissioner Plummer: Subject to the change of the ordinance. Ms. Maer: Yeah, subject to the Commission's approval of the ordinance amendment. Vice Mayor Gort: All right. ti Ms. Dougherty: Could we have that as subject to Commission's approval of the ordinance amendment on first reading? I say that because we're running out of contract time to close. 5 Mayor Carollo: That's not our fault Lucia. Ms. Dougherty: I understand. I mean if it passes on first reading we could... Vice Mayor Gort: Look, we want to help. We want to work... Ms. Dougherty: OK. Vice Mayor Gort:... we want to help with you all but... Ms. Dougherty: OK. W4117 E 4 t Vice Mayor Gort: ... don't put restrictions. Mayor Carollo: What is the assessed value of this property, for tax purpose? Ms. Dougherty: ... what is the assessed value? Mayor Carollo: The present assessed value of the property for tax purpose? Mr. James Donnellan: My name is James Donnellan. I am the owner of the property. I have lived there for over 13 years. The present assessed value is in excess of five hundred thousand dollars ($500,000). I have had to pay the taxes appropriate to that assessment for all the time that I have been there. I have had the property for sale for an excess of two years. I've maintained the property all this time. My four children were born while we were in that house. Right now, there is a valley across the street to those high-rise condominiums. The people who have initially expressed an interest in purchasing what has been referred to as a mansion, it is not a mansion, it's a beautiful house, they are unwilling to purchase that house as a residence, to operate it as a residence as I have in the past, because of the condominium structure you can't reasonable expect someone to buy and maintain with the taxes that are on that property as an isolated, individual, standing residence where you are surrounded by condominiums. The people next door, the people that are most affected see the need and the benefit of keeping that structure there. I have answered you question. I would also suggest to you that absent this type of use, it would appear that, certainly, it is going to be a 26 unit town home to the detriment, not the advantage, of those that are here to complain. Many in the neighborhood are in favor of what the doctor wished to do. Commissioner Plummer: Did you make the motion? Mayor Carollo: There is no motion made. Commissioner Plummer: I second it. Mayor Carollo: There is no motion made. Vice Mayor Gort: There is no motion made yet. The reason being is... Commissioner Plummer: Oh. Vice Mayor Gort: Can we pass the motion subject that the ordinance coming back to us is limiting the amount of this use within a certain area? Mayor Carollo: Yeah. I would suggest that, Commissioned, if you want to let staff work on an ordinance. If you want to meet with the homeowners', that you defer the whole item. I think that will be more appropriate than... Commissioner Dunn: Making a... Mayor Carollo: ... taking a vote on it now. Vice Mayor Gort: That will be my preference. Mayor Carollo: But, I will be willing to accept any motions from the Commission. Commissioner Plummer: Well, it was my understand that the conversation before was that you felt that you could redraft an ordinance that would perfect or would in fact give comfort to the 161 October 24, 1996 f� people that are here objecting this evening. That would protect them. And I thought that that's what the motion was that you talked about and what you had made, and that's why I seconded it. And if that is your motion, I do second it. Now, if that's not the motion, then somebody restate it for me. Commissioner Dunn: Mr. Mayor. Mayor Carollo: The motion that I think he wants to make is the motion to defer but. Commissioner Plummer: Well, we would defer this item. Vice Mayor Gort: Right. That's the idea. To defer this item and to get together and come back with an ordinance that can protect them both. Both... Mayor Carollo: I understand. Her request was to try to do it on first reading of the ordinance, and the answer was "no'. Ms. Dougherty: My request was to make it conditioned, to approve it conditioned upon passage on first reading. But I will accept the second reading. Commissioner Plummer: I heard what you said and the answer was "no". The only thing that I know to the contrary, whether or not this Commission would be so disposed, is to do it on an emergency ordinance which makes it effective immediately. Ms. Maer: You can't do it... Commissioner Plummer: Can't do it on Zoning, OK. But. So that answers that question. Commissioner Dunn: Is there a motion? Mayor Carollo: No, you can't do it on Zoning, no matter how many... Commissioner Dunn: Is there a motion? Vice Mayor Gort: My motion is to defer this and that the applicant and the Homeowners" Association to work together with staff and come up with the right ordinance to protect... Ms. Maer: Yeah, they should. Otherwise, we have to renotice it. Vice Mayor Gort: ... the house that is there so that the good doctor can establish his practice in there and at the same time give the protection to know that a use like that can be within that area. Commissioner Dunn: I second that motion. Mayor Carollo: There's a motion, there's a second. Vice Mayor Gort: We are going to continue to the next board meeting. Mayor Carollo: There's a motion. There's second. Any further discussion from the Commission? Hearing none, can you call the roll, Mr. Clerk? Mr. Foeman: Roll call. Ms. Dougherty: Thank you very much. 162 October 24, 1996 1i Mayor Carollo: Thank you, thank you. The following motion was introduced by Vice Mayor Gort, who moved its adoption: MOTION NO. 96-791 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PL-8 (PROPOSED SPECIAL EXCEPTION TO PERMIT A HEALTH CLINIC AT 1900 BRICKELL AVENUE); FURTHER INSTRUCTING THE ADMINISTRATION TO MEET WITH THE APPLICANT AND THE HOMEOWNERS' ASSOCIATION REGARDING THE APPROPRIATE USE FOR THE AREA AND BRING THIS ISSUE BACK AT THE NEXT COMMISSION MEETING SCHEDULED FOR NOVEMBER 21, 1996. Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. Commissioner Plummer: What's next, nine? Vice Mayor Gort: Yeah, nine. Commissioner Plummer: No, I think it's an extra item. What I had was an extra... eleven? I 24. GRANT 18 MONTH EXTENSION TO FLORIDA HOUSING CORPORATION TO COMMENCE CONSTRUCTION FOR THE PROPERTY LOCATED AT 1025 WEST FLAGLER. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Could the people that are leaving try to leave as quickly and as quietly as possible, please? Thank you. You want to go ahead and do that, Commissioner? Commissioner Dunn: In one second. Unidentified Speaker: No, I'll wait... outside. Mayor Carollo: He doesn't have to wait for us. It's no problem, we'll pass it for him. He doesn't have.... Commissioner Plummer: How many more do we have to go? Which one is that? Ms. Christina Cuervo (Chief of Staff/City Manager's Office): I'm doing 11 and 12 now. 163 October 24, 1996 Commissioner Plummer: Are we going to hold to our policy of nine o'clock? Mayor Carollo: No. You guys got to learn not to talk so much. All right, Commissioner Regalado you are going to have to leave in a few minutes. I think you needed to present something quickly. Commissioner Regalado: Yes, sir. I have here a pocket item. This is to request from the City Commission an extension of 18 months for Florida Housing so they can commence construction. The reason for the extension is that there have been funding delays and the Commissioners have, and the Mayor, have a letter pertaining to that delay. Also, there was a moratorium because of some sewer problems and they couldn't commence construction. By doing this, we will be giving them some time to get their funding from other sources and start construction within the next year. Mayor Carollo: OK. That's for the property located at 1025 West Flagler Street, Correct? Commissioner Regalado: That is correct. Yes. Mayor Carollo: That's right. There's a motion by Commissioner Regalado Vice Mayor Gort: Second. Mayor Carollo: Second by Vice Mayor Gort. All in favor signify by saying "aye". The Commission (Collectively)c Aye. Commissioner Regalado: Thank you, sir. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 96-792 A RESOLUTION GRANTING AN EIGHTEEN (18) MONTH EXTENSION, FROM OCTOBER 24, 1996 TO APRIL 24, 1998, TO FLORIDA HOUSING COOPERATIVE, INC., A NOT -FOR -PROFIT CORPORATION, IN CONNECTION WITH THE COMMENCEMENT OF CONSTRUCTION OF THE AFFORDABLE HOUSING PROJECT TO BE LOCATED AT 1025 WEST FLAGLER STREET, MIAMI, { FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1 I t jI 2 F {f i t r 4 a Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 25. FIRST READING ORDINANCE: AMEND 10544 FROM SINGLE-FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL -- CHANGE FUTURE LAND USE DESIGNATION AT 3240 FL,ORIDA AVENUE TO RESTRICTED j COMMERCIAL, WITH CONDITIONS AND COVENANT -- APPLICANT: T.G. SHERMAN, ESQUIRE FOR FARMER'S MARKET. j---------------------------------------------------------------------------------------------------------------- I Mayor Carollo: Which is the next item that we have people here for, is it 11? Mr. Carlos Smith (Assistant City Manager): PZ-11, Mr. Mayor. Mayor Carollo: PZ-11. Let's jump to that real quick. Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization Dept.): OK. PZ-11, and 12 are companion land use and zoning amendment applications for the property located approximately 3240 Florida Avenue. The request is to change the designation from single family residential and R1 to restricted commercial and ST2, Coconut Grove central commercial district. These items are continued from the meeting of June 27th of this year. At i the June 27th meeting, the Department of Community Planning and Revitalization recommended denial of these applications based on findings that the change of zoning and land use was not consistent with the single family residential character of Florida Avenue. We also found that the applications would create a substantial commercial intrusion into a stable, single family area. Since that time, the department has met with the applicant at which time they indicated to us at the City Commission they will be proffering a covenant and they had prepared plans in response to our objections to the plans, to the request for zoning and land use change. Our objections to the change was that SD2 Zoning was not compatible with the single family character of the properties across the street. Based on that, what they have prepared are plans that show that they would limit the Florida Avenue frontage to single family residences, detached single family residences. We told the applicant that the department could not accept the covenant. We could not change our recommendation here. What they did was write us a letter and asked that "if the City Commission were to so choose to accept their covenant and accept tying the plans to their covenant for single family residential on Florida Avenue, would that mitigate our concerns? Would that resolve our objections to the proposal"? Our answer was "yes, it would. But it is not within the scope of this department to accept that covenant, to accept those plans". What we did also tell them though, was once that property was changed to SD2, any and all applications for development on that property would be subject to Class II approval and that is when the department would get into specific development proposals for the property. I'll be glad to answer any questions, I'm not sure if Jack had any thing additional. 165 October 24, 1996 Commissioner Plummer: This is the property on the south side, of what... Referred to as, called Farmers Market? Ms. Slazyk: Yes, yeah. Mr. Jack Luft (Director of Community Planning and Revitalization): It is the Farmers Market. Commissioner Plummer: But it's the entire block, right? Ms. Slazyk: Right. Mr. Luft: The entire block. Ms. Slazyk: The Grand Avenue... Commissioner Plummer: But it's only half of the block? Ms. Slazyk: Right. The Grand Avenue frontage. Commissioner Plummer: You have no map up on the wall, that's why I'm having to ask these questions. Ms. Slazyk: OK. There is... I have. Give him... The Grand Avenue frontage is already zoned as the D2. This is for the rear half of the property, which is zoned single family and it fronts on Florida Avenue. Commissioner Plummer: Now, that I have it in front of me. Tell me, you're saying the covenant would accomplish what? Ms. Slazyk: OK, they would take the Florida Avenue frontage and limit it to four single family detached residential units. The first 40, approximately 42 feet and then the rest of the property... Commissioner Plummer: OK. How deep is the property? Ms. Slazyk: The property, the half that's being rezoned is less than 100 feet deep. It's 90. It's 90 some odd feet and change. So they would take about half of it, which is about 42 feet and that would be reserved for residential on Florida Avenue. And the rest of it would be merged with the Grand Avenue frontage for commercial development. Commissioner Plummer: The front half is already commercial? ' Ms. Slazyk: Yes. Commissioner Plummer: So what they're asking to do is a portion of the Florida Avenue side to become the same as the Grand Avenue side? Ms. Slazyk: The whole block would now become as D2 under this application. The entire block. Mr. Luft: The, the... OK. OK. w t Mayor Carollo: How can you have a C2, with four residences in there? R WI11 October 24, 1996 1i Mr. Luft: Do you want us to explain the proposal? Commissioner Plummer: All right, all right. Go ahead and make your presentation, I'm just... Jesus. Mr. Sky Smith: Mr. Mayor, gentlemen of the Commission, my name is Sky Smith. I live at 3615 Palmetto Avenue, in Coconut Grove. I, along with Alan Sweeney and Bruno Carnesella are the sole principals to the Farmers Market project. We collectively enjoy about 7 years of residency in Coconut Grove. I've been asked to relate some of the history... Commissioner Plummer: Willie, this is your's isn't it? Vice Mayor Gort: Yeah, I think so.. Mr. Smith: ... of our odyssey coining before you today. Mr. Walter J. Foeman (City Clerk): Commissioner, I need to swear him in. Can I speak to someone... Excuse me, I need to swear you in. Mayor Carollo: You have to get sworn in for what you said before and what you are going to say after. And Mr. Clerk, from now on you're in charge of swearing people in. That's your job. Commissioner Plummer: My coffee? Coffee? Mr. Foeman: Yes, sir. I apologize, Sir. Do you solemnly swear or affirm that the statements you about to make here tonight will be the truth and nothing but the truth, so help you God? Mr. Smith: Absolutely. Commissioner Plummer: Huh, it's American. Mayor Carollo: Thank you, go ahead. Commissioner Plummer: How you want it? Gort says, make it two. Yeah, milk and equal. Right. Bye. Mr. Smith: Thank you. I've been asked to relate just some of the history of the project and then I'lI turn the floor over to our attorney Lucia Dougherty for the more formal and detailed presentation and perhaps to answer some of the more technical questions at that time. For as long as I have been in Coconut Grove, and that goes back into the mid-60's, the corner of McDonald and Grand Avenue has existed as an eye sore in our community. It was undeveloped, it was derelict, it was empty, had no future development plans. It's only occasional use, was as an occasional ad -hoc Farmers Market that was thrown together on a Saturday morning without zoning or permit, and that was on only on occasions. Essentially, the property had been long been abandoned and chained off to keep vagrants from camping. The land has had no history and was likely to have no development future and basically stood as a symbol to the paralysis that a piece of land could have in a community when it has suffered an unrealistic zoning because of the passages of time and the dynamics in the community. The problem with this land is simply that the property is split zoned. The first half is commercial but too narncw for any realistic commercial development. The back half, second half bordering on Florida Avenue is residential but frankly, the location is inhospitable for residences and too expensive for comfortable residences as well. The property is also currently bordered on three sides by commercial: Grand Avenue on one side, McDonald, which is the side of the movie theatre and the Post Office on the other and the third side has an apartment building, which the downstairs 167 October 24, 1996 has commercial operations in the form of store fronts. The rear portion which is the only side that has residential, has four homes only two of which are occupied and the other two are in decay and need of repair. So, there's only two homes that face this property on any side whatsoever. The three of us, Mr. Carnesella, Mr. Sweeney and myself, founded a Farmers Market a Coconut Grove company, early last fall, last spring, excuse me. With the goal of trying to come up with some community, friendly project that would identify with this property and turn it into a functional piece of property for the entire community. We identified a need in our community, not for the kind of activities that you find in the festival district but for simple, community resources in terms of perhaps parking, perhaps a pharmacy, perhaps a market place. But, community resources which are not existing at the present time in this section of our Grove. We also recognized that because there are residences existing, we had to be sensitive to our neighbors by buffering; any commercial development from the neighborhood section, and we entered into this whole project with this in mind. Our initial design and this was our initial design, we considered to be community friendly at that time. We originally suggested 14 townhouses on the residential side, a Farmers Market on Grand Avenue and parking in between. The only hitch was, of course that even for that project to be done, there was just not enough in the commercial area that was presently zoned even to do a project like that which was basically of low impact to the community. Essentially, commercial rezoning is unavoidable for this property to ever be functional, and that's been our position. And that's the position we are tending to you gentlemen, today. Since there is no legal provision for a partial rezoning of the back portion, we determine that the best way to do it was come and ask for rezoning but offer a covenant back to the Commission and the citizens of Coconut Grove that the back 40 feet would be reserved for residential purposes only, by contract. And, we would guarantee this to the entire community, by involving the entire community as part of the covenant. So not only would the covenant not be a contract between us and the City, but for the covenant to ever be touched or changed, it would take the participation of everybody living within 375 feet. We want to make this as steel proof a contract as possible so that the covenant cannot be violated, and that certainly is not our intension, never was. Beginning this plan, we drew our plans, did our financials, charts were drafted, we contacted Off-street Parking, Zoning, and we put our money at risk not subject to rezoning, which I think the Commission should know. We bought the property straight out with the hopes that we could do something with it. We even created a term for the covenanted section. We refer to it as a CDS, the acronym CDS, basically a community dedicated section. Hopefully, with the idea that maybe this would catch on as a trademark and other rezoning efforts that part of every project will be set aside for the community as a CDS and it is referred to in our covenant as the CDS. And when I refer to it, I'm talking; about the bumpered section for residential housing;. Before we went to any board, we went to every civic and homeowners" association in Coconut Grove to try and educate them and make sure that what we were doing was consistent with something the community could accept. At the conclusion of our networking of all the community associations, we had letters of support from almost every civic and social and homeowners' association in Coconut Grove. In specific we were endorsed and have been endorsed by the Village Council, by the Chamber of Commerce, the local Development Corporation. The West Grove Homeowners' Association, Homeowners' and Tenants Association, the Central Homeowners' Association, the South Grove Homeowners' Association and the Merchant's Associations, both on Commodore and Bird Road. The great majority of Coconut Grove residents have supported our initiative and backed them with their support. Our problems first began, very briefly, and I am going to try to give you the micro version of the rest of this, is when we hit some of the Zoning Boards, there is always pockets of differences in the community. There are always people who no project is too big to oppose. And, we found out that a significant number of the residents did not want parking. A significant number of the residents were opposed and the Planning Department told us, the 14 townhouses. So we, we entered into this project saying "tell us what you want". I can tell the Commission that after months, and months of listening to the Planning Department and the community, we have agreed and we have no problem with four or three standing homes on this property and that is exactly what is going to be built on the property should the Commission agree with us. The 168 October 24, 1996 �i number of homes were an issue at the time. Even the layout of the homes, we have agreed to with the Planning Department. Recently, we have met with the neighbors and discussed with them the selling range of the houses and the time for the completion of the houses. We are making every effort to address in this buffered zone whatever it is the neighborhood wants. The only issue left to resolve is whether or not we're going to be using; Kohler or American Standard fixtures in the bathrooms, but I am sure they will tell us at some point and we will go along with it. We just want to do what the neighbors want as far as the residences go. We had quite active sessions at the Planning Board and at the Zoning; Board. There were those in the community that believed that the covenant could never be enforced. There were those that believed somehow this was an environmental issue. There were those who believed we were displacing residents, even though nobody resided on the property. There were even a pocket of people, unfortunately, that believed that this should be a racially divisive, issue. We have put this all aside because we believe a few extremists do not necessarily speak for the quality and character of an entire community. However, we have continued to work with the community, with every objection. I can honestly say that as recently this week, most of the missionaries within Coconut Grove have come around and said they would support our project and we've met with each one individually. Several people who opposed us before, have recently come to us and given us their support. Whether or not they come forward affirmatively is another issue, but they are not here to object to our proposal tonight. We even offered to have the covenant drafted by any attorney of choice by our opposition at our cost to ensure that that covenant would past the muster. We were not taken up on that, but we used the covenant which was previously drafted by the Civic Club and has been used before. We have added to it the language of "all the residents" as part of that contract within 375 feet. My law firm is working with it. The law firm of Greenberg, Traurig has worked with it and that is the covenant we are presenting to you tonight. We do not intend, nor do we have any desire at any time in the future to break that covenant. In fact, that was one of the reasons for us agreeing; to a time frame for this housing SO that the housing; is put up with a relative expeditious time frame. So nobody can ever say that the housing is not intended to be put up. We've been told that the Farmers Market would conflict, possibly, with the plans for the Waterfront Market Place which is currently under consideration. We've been told by a number of the residents, they believe a harmers Market would become a flea market or something which is unsanitary. Whether or not that was our opinion or not opinion, was irrelevant. The point is, that we've been listening to the community; we want to work with them. We were told by a significant number of residents they would prefer to have a pharmacy. We now have a letter of interest from Eckerds, whom should this Commission agree to our rezoning and our covenant, we will enter into formal negotiations with an effort to making them our anchor tenant on that property. And I'd like to tell the Commission, this will be the first national chain to ever go west of Commodore in this community and a definite positive step for our community. We believe our detractors, at least at the present moment, are the vast minority. And, we believe we've made an effort to convert all of our opponents and that any person who stands here today and says that they're uninformed or misunderstands our plan, basically chooses to claim ignorance for their own reason. Because we have done everything we could possibly do. We have followed Commissioner Gort's suggestion the last time we came in for this hearing to continue to communicate with the community. And we do it every day and on a daily basis. In closing, before I turn it over to Mrs. Dougherty. We still believe our project will provide a new vitality to an aging and dying part of our community. We believe this project of a modest design can serve a Goliath sized impact in reducing crime by introducing increased job opportunities, public activity, lighting and landscaping. It will be a significant, intangible beginning of Grand Avenue resurrection. The 32nd Avenue McDonald intersection would no longer be an intimidating location for visitors. Our project may already assist Commodore Plaza rebirth and hopefully encourage the long, dormant Post Office redevelopment plans. An unprofitable parcel of empty property can return needed neighborhood services to our community as well as a tax resource to the City. Personally, and on behalf of my shareholder partners, we ask for your support and approval of our rezoning application and acceptance of our covenant. Thank you. r 169 October 24, 1996 Vice Mayor Gort: Thank you. Yes, sir. Commissioner Dunn: I just wanted to make one correction. No reflection on you, Mr. Vice Mayor, but that was also Commission Dunn who suggested that he speak with the neighbors. I just want your record to reflect that. Mr. Smith: I apologize. You certainly did, Commissioner Dunn. I apologize, no offense intended. Certainly. Vice Mayor Gort: Yes, ma'am. [At this point, Mayor Carollo left the meeting at 7:55 p.m.] Ms. Lucia Dougherty: I swear to tell the whole truth and nothing but the truth, so help me God. My name is Lucia Dougherty with offices at 1221 Brickell Avenue representing the applicant here. I don't know that Sky has left me too much to talk about but let met just describe one thing that I think is really important about the site plan. This is currently an SD2, SD2 2 site. You rezoned this whole, entire parcel SD2, which means that the zoning line for commercial uses goes up this 150 feet, which now corresponds to the 150 feet of commercial uses that we would be proposing on this site. One of the other things is that we've passed out a book to all of you. In number nine of the book, you'll see what the commercial uses are that are directly across the street from our site to the south. Those are the commercial uses, those are the buildings. We've also included photographs of the buildings surrounding the property, the Post Office site and the Florida Avenue homes. Now, the staff, initially, was not supportive of this application. And the reason they weren't supportive is because they wanted to protect the single family homes in Florida Avenue. We have listened to the staff and we've listened to the homeowners' on Florida Avenue and we agree, which is why we're now asking or proffering a covenant. That covenant is now on your, in this package at number two, tab two. That covenant provides that there can be no more than four homes. The first home has to be built within one year of your zoning approval. The rest has to be built within five years. A Reverend Davis who lives across the street has asked us to modify that particular portion, which we've agreed. He's asked us to take off the five years and instead at the time that 25 percent of the commercial structure is built on this portion that is zoned commercial that all four houses would have to be built and we agreed with that condition. We have agreed to not let this covenant be modified. My client has asked me to put this in the covenant even though it was over my objection. He has said "I don't want this covenant to ever be modified". He's also allowed every, it to be enforced by anyone within 375 feet of the project area. Now, Denise Wallace said to me, and this was very wise on her part. "Why do you have to rezone all of it straight through to Florida Avenue, in order to have homes here? Why don't you just put homes on the single family home zone site?" And the reason for that is, the single family zoning ordinance doesn't permit homes with only 40 foot lots. And, we need 150 feet of commercial here to make any commercial viable. And as I am going to describe to you later, this commercial is going to subsidize this residential. Without this commercial and the viability of this commercial property, this residential homes will never be built. Commissioner Plummer: Why? Mr. Dougherty: I am going to tell you why. Every zoning. All zoning laws are required to give somebody a reasonable use of their property, not the highest and best use but a reasonable use. In other words, everybody has to have some use that can be made of the property. We have asked a commercial real estate broker and a residential real estate broker, both of which are tabbed in tab number 7, of your, of this exhibit book. One is a residential real estate broker specializing in Coconut Grove. The other one a commercial real estate broker, specializing in Coconut Grove. They've analyzed this site. They've analyzed this site and determined that a 170 October 24, 1996 W new single family home would cost one hundred and seventy-three dollars ($173,000) to build. That's including land, which is at assessed value, not what we paid for it. Because someone might say we overpaid for the land. This is at assessed value, a new home. A 1,500 square foot home would cost one hundred and seventy-three thousand dollars ($173,000). The most that we could sell this home for is one hundred and fifteen thousand dollars ($115,000). So, there's no, incentive. Nobody will ever build a resident on that residentially zoned property likewise, in the commercial. Commissioner Plummer: Just going to tell my grandson good night. Go ahead. Ms. Dougherty: I don't blame you. Sure. OK. The other, likewise in the commercial site, there is not enough depth to put parking, setbacks and have a tenant with a return. The analysis of that property shows that there would be a net loss on the commercial property with a new building, regardless of what the tenant is of twenty-one thousand dollars ($21,000). So, we need the additional 150 foot of commercial in order to subsidize the homes in the back. The four homes in the back, if we were to build those homes as provided on that 40 foot lot, it's still going to cost us, one hundred and forty-four thousand dollars ($144,000). That's at assessed value, not what we paid for it but at assessed value for the property. Our true cost is one hundred and eighty- eight thousand dollars ($188,000). And like we said, the maximum we could sell those homes for are one hundred and ten thousand dollars ($110,000). The only way to create new homes is to let the commercial subsidize those homes, and that's what we are proposing today. That is the public incentive that Sky was talking about in his analysis. In our package those residential and those residential real estate brokers and commercial real estate brokers are here with us this evening and can be, you can ask them questions. Now, let's go to the planning issues. We have a derelict lot. We have a Post Office and theater next door. We have commercial zoning up to 150 feet immediately next door. We have a partial parking lot and a commercial building on the other side. The Planning study of Elizabeth Plato Zybrich (phonetic) which is located at tab five, in your package here, shows that she agreed with the Village Center District concept and Bruno is going to put the map up for you to loot: at. She sees, this is the University of Miami Architectural Dean, who you hired to do your Coconut Grove master plan study has shown this and has realized that this commercial has to go up to at least 40 feet before the Florida Avenue site. You can see that she's put town houses on there but in fact we only have four homes. Now the staff supports the application subject to this covenant. It will bring lighting, parking, activity, jobs and landscaping and we urge your support for this application and we'd like to have some rebuttal afterwards. Thank you. Also, in this package that we've given you, there's all kinds of things. In package number ten there's letters of support from all the folks that Sky had said there is a covenant. We have an Eckerds letter of intent which is at tab four and we would urge your support, thank you. Vice Mayor Gort: Thank you. We'll here now from those in opposition and... Ms. Dougherty: And I also would like Lourdes to put on the overhead the letters of support in the neighborhood. Vice Mayor Gort: Mr. Clerk, did we swear in those people in opposition that are going to be speaking? Those of you that are going to be speaking in opposition, would you all stand to be sworn in please? Mr. Foeman: Do you solemnly swear or affirm that the statements that you are about to make here tonight is the truth and nothing but the truth so help you God? Mr. Willie Johnson: I do. Mr. John Shubin: I do. 171 October 24, 1996 i Vice Mayor Gort: Thank you. Yes, sir. Mr. John Shubin: Mr. Vice Mayor, members of the Commission. My name is John Shubin, I'm an attorney with the law firm of Shubin and Bass at 46 Southwest 1st Street. I am here today as probono legal counsel for Ms. Grady Dinkins who resides at 3201 Florida Avenue, Ms. Wilhemina Bentley at 3340 Florida Avenue. Mrs. Dinkins is bed ridden, she was in an accident and she could not be here tonight. I am also here informally speaking on behalf of a number of the neighbors that are here in opposition and I'd like them to stand up and be recognized. All of the neighbors that are in opposition to this project, please stand up and be recognized. Thank you. I was called into this matter, and I volunteered in this matter somewhat late in the game. And I'm familiar with issues in the Grove and I thought I understood the arguments. And I thought that they were good arguments on both sides but I've sat here tonight and I've heard Mr. Sky's presentation and I'm going completely off the script and I am going; to speak solely on a motion. Because this is a terrible project and it should not be approved. My partner spoke to you at different points earlier tonight about the meaning of zoning. But it's very simple. What does zoning do? Zoning changes the meaning of land. And in changing the meaning of land you can also increase the value of land and in increasing the value of land you can make money. Now making money is the American way, there is no doubt about it. But there are competing demands when you sit as a Zoning; Board. And you need to consider the highest and best use of property versus the needs of the community. Now, Mr. Smith talks about he and his partners having 70 years of background in this community. One question that I want you to ask them, is for how many years have they owned this property? They talk about being a substandard lot. A deficient lot, a derelict lot, a delinquent lot, you heard it all. Why then would they buy it? Well, the question is obvious. They're here before you today, seeking to change the Zoning from R1, which is single family residential to SD2, which is the commercial district. They are not building a car, they're not selling a service: they've hired an effective lawyer, a good friend of mine. They've engaged in some very clever positioning and they're attempting to change the meaning of land. You also hear a lot, and you hear it from objectors and you hear it from neighbors. You also hear about residential integrity. And, too often these words can become a cliche But what do we mean when we talk about residential integrity? Well, let's just focus on this purported covenant. And let's see what this covenant does to preserve the residential integrity of the Florida Avenue community. You have four substandard or five substandard houses that could not built in the R1 single family residential district. And that's where the covenant stops. And ask yourself, and ask the applicant where the residential district stops, isn't that where the covenant stops? What about the other 60 feet plus? Are they going to agree to covenant the use of that space? Is it going to be surface parking? Is it going to be a multilevel garage? What are their intentions? And they speak to you about their intentions and they say they're good. Well, if their intentions are clear, let's get them out on the table. You talk about a Farmers Market, now we're talking about Eckerds. There is so much that has gone on in this community. So many plans that have sold to people, so many plans that have been presented to citizens meetings. And it's a moving target. At first when I came here today, I talked that the latest plan involved an Eckerds, Now, I hear that there is simply an agreement to agree, an agreement to enter into contractual negotiations. The covenant does nothing to preserve the residential integrity of the Florida Avenue neighbors. It makes them vulnerable and that's why they're here today, in opposition to it. There is no teeth in that covenant. It is absolutely useless. A couple of other issues. Look at your zoning fact sheet and you are also here today, I believe, amending the master plan. And look at your planning fact sheet. Well, the Zoning Board rejected this application unanimously, and the Planning Advisory Board rejected this unanimously. There were 15 people, 15 residents of Dade, of the City of Miami who considered this application from all conceivable angles and they thoroughly, thoroughly rejected it. So the applicant goes back to the proverbial drawing hoard, comes up with a covenant and on the basis of that covenant represents that now staff is "in support" of the application. Well, I didn't hear that from staff and I think staff has been very clear in that regard because if either you or staff 172 October 24, 1996 capitulate to this covenant, you're also engaging in what's known as contract zoning. And I don't want to bore you with the technicalities but it's illegal. It's saying the rezoning isn't good enough. We know that you want to prove it if it's rezoining. So let's enter into a deal, let's bargain. Let's contract. You give us this and we'll give you something else. Well, the people that don't want to be subject to the bargain are the people that live there and I think their voices need to be heard. There are a number of other issues, and I'm going to try to take them very briefly so that we can let the citizens speak because they're the ones that are going to be truly impacted. What is the legal effect of these remaining substandard lots. Ask your planning staff, ask them what the legal, what is the minimum lot dimension in an R1 and ask them how it stacks up against the lots that are being proposed. Doesn't that threaten the residential integrity of this neighborhood to have substandard lots? Go through the list of factors that the Planning board considered, that the Zoning Board considered, that your staff originally considered when they recommended the unequivocal denial of this application. If you have to, march them through it again and ask them how this covenant changes their recommendations on each of those factors where on your zoning fact sheet they checked off, for example, "no". For example, the proposed changes in harmony with the adopted Miami Comprehensive Plan, 1989-2000 does not require a plan amendment. The answer was "no". The proposed changes in harmony with the established land use pattern. The answer was "no". The proposed changes related to adjacent and nearby districts? The answer was "no". You go down the list and ask yourself "what is that covenant, that worthless covenant"? That unenforcable covenant do to change the initial findings that were set forth by your staff, your competent staff, when they addressed this application and by the 15 citizens of the City of Miami, sitting on your Planning Advisory Board and your Zoning Board that unanimously recommended denial. One of the arguments that's been made is that the neighbors have a second bite at the apple. If, for example, the developer were to come back and want to change, for example, the surface parking that has been bandied about and change it to something different, something that would be compatible with the SD2 or something that could be permitted in the SD2, they would need a Class II special permit. Well ask your staff in the last five years how many Class II special permits in Coconut Grove have they recommended denial? You're putting an incredible burden on these neighbors to come back before you, to fight. To fight, possibly an unwinable battle when you can give them certainty now, and you can tell them that their residential integrity is protected. Now worry about a future battle but have them confident that tonight when they go home, or six months later when this second reading comes up, when they go home, they can be assured that their neighborhood is protected. I will stop there and, one other point. I'm being reminded. And I don't know the answer to it but I need to raise it for the record. The history on the Zoning fact sheet specifically says, that the Commission denied the change of zoning by Resolution 92-146. And I would simply submit to you, I have not seen that resolution. I don't know what the resolution said, but to the extent that the resolution was a similar resolution which might have sort rezoning from R1 to S132, I would also suggest to you that there have been no changed circumstances which would justify this application being -approved where the previous application was rejected and that is also... and now this is the second tine you've heard it tonight under the doctrine of administrative res- adjudicata. I'll close on that note, and turn it over to the neighbors. This is a passionate issue. I've asked them to be brief. I've asked them not to repeat themselves and I'll turn the microphone over to them. [At 8:10 p.m., Mayor Carollo entered the Commission meeting] Mayor Carollo: All right. before you do, I want to make sure that we limit this to certain amount of people on each side. You've had plenty of time to express their point of view. What I'd like to do, is do the same thing as I did before, limit it to six people that are opposed to it, two minutes a piece. And if there is anybody that wants to speak in favor of it, limit them to six, two minutes a piece. Then, at the end of that, both attorneys for both sides will have two minutes rebuttal. Staff will have two minutes rebuttal. And we need, let's see. Do you have your six people that will speak? Mrs. Armbrister?, you'd better count her as one. You got one over here. 173 October 24, 1996 �i Commissioner Plummer: You'll never hear the end of it. Esther Mae Armbrister: Well you'll loose someone on this end. Mayor Carollo: Lucia do you have some people who want to speak in favor of this? Mayor Carollo: OK, well you go ahead and do that. Can you swear these people in for us. We'll start with the... Unidentified Voice: We have already. Mr. Foeman: They're already sworn in Mr. Mayor. Mayor Carollo: You have, OK. Mr. Foeman: Yes. Mayor Carollo: Ms. Armbrister, can you start? R Ms. Esther Mae Armbrister: Good afternoon Mayor, and Commissioners. I am so disgusted I with these people coming up here over and over and over and over. Just as if they do not understand what the law really is. I don't get it. And I swear this has to be stopped somewhere along the line. We don't need to be educated as to what we want to do with that property in Coconut Grove. We're not dumb and stupid. I think we've done a darn gone, pretty good job since 1965 and earlier in Coconut Grove in bringing it up to standard. I think we've done a darn gone good job without them telling us what to do, and when to do it and how to do it. Now, he's J told us, I don't know what his name is. Anyway, he said he had been down to all these meetings 1 in the Grove but he did not come to CAA, and tell us one thing about these new plans that they've come up with here, recently. And, as far as they are getting Eckerds store in there to... Eckerds to come in and put in a drug store. Eckerds has been remodeled and has been relocated I and the service that you get from Eckerd drugstore, we don't need that type of service here in j Coconut Grove. We don't need it. It takes you two and three days to get a prescription filled. That's how long it takes. And you're paying money, good money for it, too. And as far as him not, the lot being all blocked out and all that sort of stuff, we have had businesses on Grand Avenue, we had a fish market there and we had a barbecue stand, a restaurant there too. And before that time, the old people of Coconut Grove who were white, Mr. Patten, who was a lawyer, helped us to get the things that we needed in Coconut Grove and he told us how to try to deal with you all but he's dead and gone so we have to get somebody else now. But, this is getting terrible all the time. We can't do nothing unless you tell us when to do it. And rezoning. The only thing these people want is to change the zoning and then they're going to come in and take over Coconut Grove. They tried that in 1924; they tried in 1936; they tried it in 1945, and this is in black and white, the City and County tried to get us out of Coconut Grove. But, we ain't going no way, you're going to have to kill us. We're not going nowhere. So you might as well stop trying to take up all the space. And, we don't have to have every lot in Coconut Grove with something on it. You don't have every lot in your town with something on it. You got vacant lots, you have spacious lots and you stoop so low as, to give us only a lot 50 by 100. So what you think we can build on that beside a bathroom. That stuff can't do it. Now, we are getting tired of you trying to take everything away from us. On the corner of Margaret and Grand Avenue there's a three story apartment building. So, as soon as you change the law and the zoning, what they have intention of doing is putting another set of apartments on the rear of that building and extend their property to Florida Avenue and include the vacant lot behind the apartment building on Florida Avenue. This is what they intend to do and make their business larger. As soon as you change it. This is what they plan to do. Now, I don't get it. I wish 174 October 24, 1996 somebody would just sit down and talk to me like a child, if this is necessary. And, tell me your real reason besides owning black Grove. And, there are people in black Grove who are, they are buying property for these other people and getting money under the cover. That is going to be brought to the light. How much they're getting to do all these dirty low down things. I don't get it and why you would allow them to do it, I don't get it. Now we've got... Mayor Carollo: Ms. Armbrister. Ms. Armbrister: Yes. Mayor Carollo: I've given you double the time, four minutes. You need to hurry up and finish please. Ms. Armbrister: The only thing I... In all respect to you and the others, I cannot understand how you expect somebody to explain to you the problems that we have in two or three minutes. I know your time is valuable. I know that. Mayor Carollo: Well, then. Ms. Armbrister: But I wish you would be able to come out to some of the meetings Mayor Carollo: The... Ms. Armbrister: And talk to us. We come down here and see you. Thank you for the time being. Mayor Carollo: Thank you. Any time that the Commission and the community would like to see us, be able to dedicate a lot more time, I'd be happy to present some suggestions. But right now, since we're supposed to be a part-time Commission, I could only work about 18 hours a day. We are limited basically because some of us still have to work, to having two meetings a month, that's what the charter requires. Frankly, I'd like see that enforced so that we could have two that are just strictly for zoning and two for other regular City business. Where we could dedicate a whole day to zoning and not have to do it like we're doing every meeting, that we're splitting it between regular Commission matters and then zoning. And frankly the City has grown too large, too many people, too many things and we don't have time anymore to take the time that we really need, and it requires and handle all the City's matters in two meetings a month. But anyway, I would really appreciate it if all of you could limit you statements to two minutes please. Thank you. Ms. Denise Wallace: Good evening. My name is Denise Wallace. I reside at 3391 Florida Avenue and during Mrs. Dougherty's presentation she referred to speaking with Denise Wallace, and for those of you that don't know me, I'm that Denise Wallace that she said she spoke with. I'm here once again. I've been here on several occasions, the last time I was here was sometime this summer before the Planning Advisory Board to speak on this issue. I was also here in 1992 as a member of the Village Council, to speak on the rezoning of that lot from commercial, I'm sorry from residential to commercial. I know Ms. Dougherty and Sky Smith has said that the Village Council, the current Village Council, supports this. However in 1992, the Village Council was not in support of this. Also, in 1992, this Commission, which some of you are new to now was not in favor of this issue. We have been here, time and time again for one simple issue. My residents. I'm sorry, my neighbors. Many of the people I've grown up have mentioned me with teachers, Sunday school teachers, people I know all my life. They don't want this property rezoned from commercial, I am sorry from residential to commercial. They want their integrity of the neighborhood to remain the same. No one is contesting what can possibly be done on the Grand Avenue side. Originally, I believe back in May the principals of 175 October 24, 1996 this property proposed to put a permanent or a semi -permanent structure as a Farmers Market on that site. At that time that created a lot of controversy because it gave the impression that memebers of the West Grove community didn't want the Farmers as a permanent structure. Well, now they are back before you today. It's still being called the Farmers Market, however what is being proffered is not a Farmers Market. So, this property has been constantly influxed with the exception of one thing: the rezoning of Florida Avenue from residential to commercial. What bothers me, is not that they are trying to get this done. What bothers me is what has been filtering throughout the community that this Commission has made up its mind to go ahead with the rezoning. I hope that is not the case and I hope that this Commission is listening and will continue to listen to the residents not only that border Florida Avenue but to the residents that also live in the rest of the Grove. To those people that frequent the Grove. As a point of information Mr. Smith gave a history of this property, a history going back to 1960. Well, I am not as old as some of the members in this community, and Commissioner Plummer, your memory may serve better than mine. But, I remember when this property was not a vacant lot. I remember when this property had homes on it. It was not a derelict property. It may have become a derelict property but that is a recent history. And so my neighbors are here to tell you, they don't want history slanted. They want you to know that this property was always a viable property. This property was always residential and, if indeed, it has become derelict it is not at their fault, it is probably at the fault of maybe the current owners or what is happening in the neighborhood. But they should not have to bear the burden of this zoning change. Mr. Will Johnson: My name is Will Johnson. Mayor Carollo: Will, are you speaking in favor or against? Mr. Johnson: In favor. Mayor Carollo: OK. In favor, OK. So I got two against so far, one in favor and I did say I would limit it to six people for each side. So, you all make up your mind, who is going to be speaking. Mr. Walter Foeman (City Clerk: Mr. Mayor, I need to swear in all the opponents. Mayor Carollo: OK. Go ahead. Mr. Foeman: Do you solemnly swear or affirm that the statements you are about to make here tonight will be the truth and nothing but the truth, so help you God? Mr. Johnson: I do. Mayor Carollo: Go ahead. Mr. Johnson: Mr. Mayor, me? Unidentified Speaker: Go ahead. Mayor Carollo: Go ahead. Mr. Johnson: My name is Will Johnson. I live at 3342 Thomas Avenue in Coconut Grove. I'm the first Vice President of the Homeowners' and Tenants' Association and our president has asked me to speak here tonight because he is out of town, and we're in favor of the project and the reason is, we hear a lot of things that went on in Coconut Grove in the past history, long years ago or recent years ago, and we're kind of like stuck in the past. The people who talk about not changing the ambience of the Grove or the special flavor of the Grove, and that's fine for the Grove past. 176 October 24, 1996 [i What ambience are we talking; about on the west side of 32nd? I mean, what are we talking about down there? We're talking; about a derelict lot that somebody has come along to try to do something with. Now, rezoning scares a lot of people. The domino theory comes to mind always. There is always rumors running around my community that you, the... I don't know who the "you" is, but them, they are going to take over the Grove. Now, you own your own property. Unless you sell it to "them" or "they", I don't see how they can take it from you. There is still a constitution. So, I'm talking; against the fear, the fear that keeps us from prospering like the rest of the other communities. I mean, we are stuck in neutral. We brought. I have people here for the project, just like they have people here. The people here for the project, please stand up so they can see? So, you know, that maybe. You know, that may be equal amount for, equal amount against. But, they make it seem as if everybody in the Grove is against this project. We're not. We will love to have an Eckerds Drug store even with slow prescriptions because we don't have one at all. We never had one. We need it. We need opportunities. We don't need handouts. That's what we're asking; for, opportunities. And we can police the people who run this project. If they come and they don't keep the covenant, they are giving us option to police it. We have... You should have the people to come back to the Commission and say, they're not doing what they are supposed to do. Why are we so afraid? We need to move on. Thank you. Mayor Carollo: Thank you. Let's get one more from this side so then we could have had two and two that spoke. Mr. Henry Givens: Good afternoon. My name is Henry Givens, my address 10500 Southwest 129th Street, Miami, 33176. In 1984, my mother, along; with Mrs. Gibson and 18 other residents and other members of Dade County, purchased the Southeast corner of Grand Avenue and Douglas Road. Subsequently, we came before the City Commission and with your help we were able to purchase the Otikie (phonetic) site, with the intentions of doing; development. One of the things I want to make quite clear. There was no white folk or nobody else that gave my mother the money that she invested. She and Mrs. Gibson and those did not buy that land and take money under the table from nobody else. They bought that with their own hard earned money. It is our intentions to continue to work and work with the residents of this community to bring about some sensitive beautification and bring about the kinds of things that are needed to make our community likeable, livable and enjoyable by all. I think that this is an opportunity. I support it wholeheartedly. I had the opportunity to speak with Reverend Davis. I also spoke with Reverend Leonard. I went over the information and stuff that made me comfortable with this project with them. They were comfortable with it. I also went over, I'd looked at the covenant. I was comfortable with it, with the changes. I urge this Commission to help bridge the division between the East and West Coconut Grove. I urge you to support this project. Mayor Carollo: Thank you, Mr. Givens. Sir. Reverend Rudolf Daniels: Mr. Mayor, my name is Rudolph Daniels, Pastor Daniels. I'm the pastor of Masadonia Missionary Baptist Church. Of course, I grew up in Coconut Grove, came down from the Carolinas, a country boy, 1941. I went to High School in the Grove, so I have a concern for the Grove residents and I think for myself. As far as the Ministry of Alliance, I know that... I just found out that we're having a meeting down here. I found out last night, if my member hadn't called me, I didn't know. We oppose to that... I am for progress, and for the education of our children. And I know that's got nothing to do with what we're saying tonight. And I am for getting the kids shooting dice on sidewalks on the Grove. Those kinds of things. But I think that to change from family, single family to residential, that is my concern. That you do not change the residential and whether the commercial you are going to do. I know I didn't' know about the Eckerds Drugs, it was a Farmers Market. But I found out too, I spoke to Reverend Leonard earlier today. But I am concerned about our residents. I am not for. I am for progress. I am for the beautification and all of that. I am an artist myself, an auto body 177 October 24, 1996 refinisher instructor, as a matter of fact. So glamour, all the glamour coats, that's my sophistication. But, I am concerned that the community be well served and that we not, do not take advantage of the residents and continue to change the thing into a commercial. And that threatens the people. But, I am for progress. But, I did not know, hadn't met with the Ministerial Alliance and I did not know that it would be changed into an Eckerd Drugs. Mayor Carollo: You have five seconds left. Reverend Daniels: Thank you. I appreciate that. I just needed to say, I do not approve... You've heard me, I am redundant, but I do not oppose progress. I want to make sure that our neighbors understand that this covenant that you're talking about, that it would not encroach upon the residents there and change and keep changing it. Mayor Carollo: Thank you. Reverend Daniels: I am concerned about the people in the Grove. Those that are opposing and do not oppose. Mayor Carollo: We understand that . Thank you. Is there someone else from the other side that would like to speak? Ms. Gibson, would you like to come up? Ms. Thelma Gibson: Good evening. I am Thelma Henderson -Gibson, and I have lived in the Grove most of my life. I was born there 1926. And on that corner when I came up as a child, it was a chicken place. And the old chicken place where we used to get... we were always able to get the chicken feet from there and help to make a meal for us sometimes. So, the property that he was talking about was not even for us back then, when we were colored. It was white property, and the white people owned it and when they started moving; out, we started moving in. So, you know, I know the history and I am happy to stand here and say that I'd like to seem improvements in our area and when I looked at the project and saw the townhouses, I was a little bit upset by that because I have been against attached housing in. Coconut Grove because we are used to having single family homes. You know, the apartments came when I went away to school and came back, there were all these apartment buildings. But we had had single family homes all along;. When the owners came back and I had told them to go to the neighbors, because I don't live in that particular neighborhood. I said go to the neighbors, talk to the ministers. Talk to everybody about this project. I was satisfied that they did come to the Homeowners and Tenants Association and I am really surprised that when people say they did ff not hear about it because they have been around and they came to the Homeowners' and i` Tenants', and Dr. White said to me that he was pleased with what he saw. And when they told me there will four single family homes there, I thought that this was far better than having the drug pushers and the people who are out there stealing bicycles. Sunday evening when I came home there were four people on that corner with bicycles and they were repairing bicycles. When the police came around the corner, they were trying to get rid of the bicycles. So, I'd rather have people living there than having people doing the kinds of things that they are doing in that particular block. Now, I understand Ms. Dinkins and Reverend Davis lives across the street and so does Jeff Sklarey (phonetic) who lives across the street. But, they cannot stop the activity that's going on out there. But, if you have enough people, that's my two minutes I guess. If you have enough people living there that's concerned about the community, we will not have the problems that we're having and I am all for having, with the covenant, this change take place for our community. Thank you. Mayor Carollo: Thank you, Ms. Gibson. And now there's three for each side. Three more could speak on this side. Three more on the other side. This will be number four. 4 Mr. Earl Daniels: Mr. Mayor and Commissioners, my name is Earl Daniels. I live at 3250 Frow j Avenue, directly behind the property that's in question. I moved there in a brand new home in 178 October 24, 1996 1960, and I have been there ever since. The gentleman said that the property has always been derelict. It has not. There was two or three beautiful homes on that lot on Florida Avenue when I moved there. That was one of the reasons that I bought and I moved and built there. I am against the changing of the zoning from residential to commercial. I have always been against it. The reason that those homes are not there is because somebody bought the land. Tried to buy the land and make it, the whole area, commercial. They enticed the people who lived in those homes to sell those homes to them so that they could do this. And they are going to do the same thing if you allow them to change the zone. They want to make that a commercial. If they want to make it a residential area on Florida Avenue, why do they have to change it? They want to change it because they want to make it a commercial area. And I've lived in that area since 1960. And they talk about the drug users and stealing and things of that nature, that started when they bought those homes and tore them down and we wouldn't let them build anything there, because they wanted to make it commercial. That's the reason that those people are there. Because they undermined, bought the land from those people. They have been trying to buy all the property in that area but I love the area and I don't want to sell. So, therefore, I plead with you, to leave this a residential area. Mayor Carollo: Thank you, sir. Your time is up. I appreciate it. Mr. Daniels: Thank you. Mr. Frank Belzebre: Mr. Mayor, fellow Commissioners. My name is Frank Belzebre. My address is 3843 Concord Avenue. I am here for two reasons. Number one, I am a member of the Coconut Grove Village Council, I am the secretary. I am here to set forth in the record, we did pass a resolution in favor of the project. For public record. Number two. I am going to take my Village Council hat off, and address you as a citizen and native to Coconut Grove in support of the Farmers Market. I'll tell you why. The land is derelict; it has been distressed. To me, the homeless make it their home. Prostitutes make it their base. The drug runners control the quarters at the evening, at night. You try to walk around there and feel safe. I think it is time for a change and this application to the property would bridge the West and East Grove. And, we have the principles who have been community driven and share the spirit of bridging that gap and it's so called and so needed for. I said, I think your support mandates and underscores the need for economical development on a piece of property. Lighting, security, and most of all parking. Here you have a parking solution resolved by the private sector. And lastly, you also give a chance for those Groveites who have been driven out to Kendall who can't afford to come back to the Grove. Therefore, I support the project, appreciate your vote. Mayor Carollo: Thank you. Sir. Name and address. [At this point, 8:40 p.m., Commissioner Dunn left the meeting and returned at 8:44 p.m.] Mr. Michael Marmesh: My name is Michael Marmesh, 3200 Grand Avenue. When I came here for the zoning meeting on this, we were talking Farmers Market. Now, we're talking maybe an Eckerds and a correction for Mr. Smith, there is a pharmacy, there's been one there at 3210 Grand Avenue for over 30 years. And, basically, what we're hearing is, they are offering four houses to the community, they are going to put whatever they want on the commercial property. This is just basically a land grab. But, we did have a similar situation in my neighborhood. I also live at 2539 Andrews, behind Burger King, off of 27th Avenue. We have a developer there that bought up four lots on 28th Street. He also wanted to buy two lots on my street and use the two lots on that street as a parking lot for his hotel that he was planning to put up. He had the decency to change the design of his hotel to fit it all on his four lots on 28th Street, and leave the residential section alone. I think these developers could do the same thing. They knew what they bought when they bought it. I have no problem with them developing the commercial property as it is. But to give them this extension for free, is nothing but a land grab. Thank you. 179 October 24, 1996 WE Mayor Carollo: Sure. What is the business that you have in Grand Avenue? Mr. Marmesh: Well, Coconut Grove Animal Clinic. You have a... Mayor Carollo: OK. That's right across... Mr. Marmesh: You have a Bassethound. Mayor Carollo: Yeah, that's the one my wife brought there. Mr. Marmesh: Right. Mr. James McMaster: Jim McMaster, 2940 Southwest 30th Court. If you look at the handout I gave you earlier, you will notice that unlike Coral Way, Flagler Street, 8th Street, many streets in this town, Florida on side of Grand and Thomas on the other, there is no commercial intrusion from 32nd Avenue down to Douglas Road anywhere. This would be the first intrusion back to either of those side streets. You might also notice that Ms. Dougherty was a little confused. The project's proposal is called "Rainbow Plaza" To the left is single family, above it is single family and to the right is SD22, which is R3 zoning. There is no commercial zoning anywhere around this parcel. The existing village center is the disaster area. As we all know, Commodore Plaza is half vacant. It has now spread to the playhouse end of Main Highway. It's beginning to look like the northern sections of this City. The Planning Department rezoned 27th Avenue to Commercial back in 1988, what do we have a little frozen fruit place there or something on the corner? Where's the commercial development on 27th Avenue? We have more than enough commercially zoned property to put developments on. This parcel is the largest privately held development parcel in Coconut Grove. They keep telling us 90 feet deep. Well, it is. It's also 350 feet wide. If they get the proposed rezoning, they can put up a project identical to Coco Walk on this site. You know, first it's a Farmers Market; it's a parking lot to solve the parking problems on Commodore. Now, suddenly last week it's an Eckerds. I never heard of Eckerds until last week. The fact is, is that they could move the zoning line 40 feet and plant four single family lots in the back. They could put the SD12 overlay like you have put down at the other end . I am glad that Mr. Givens and Ms. Gibson area here. They have SD12 parking behind their project. We're talking about reasonable use here. Reasonable use is an SD12 overlay if you deemed it to be so. Reasonable use is moving the line 40 feet and plotting single family lots and building houses on Florida. What about the SD22, across McDonald Street? I would ask anyone in this room why did the people on one side and, J.L., you were here, you cannot put Village Center parking in SD22, it's R3 zoning, why next to an elementary school and the park? Why did you give those folks SD22. And then suddenly, on the exact same sort of parcel across McDonald Street, across the line, we are talking about commercial. It's clear to everyone here what the difference is, on one side of McDonald Street and the other. So this Commission needs to treat the community of the west side of McDonald the same way they treated them on the east side. Now, if R3 is appropriate on the east side, maybe it's appropriate on the west side. Maybe SD12. These houses have something like seven foot front yards. They have five foot rear yards. They are on floating parcels of 3,.500 square feet. You know, the SD22 is like what a point five SAR, a limit of three units on a lot. All these approvals, my last statement will be, all these approvals including, if I remember correctly the Village Council, these were mostly conditional approvals based on a Farmers Market and a parking lot that would solve the parking problem on Commodore Plaza. They have now changed the plan. The Eckerds doesn't have to be built, the parking lot doesn't have to be built. They could just build nothing and sell it. So, we need to think about the community, not some speculators who came in a couple of months ago. So, treat this parcel the way you treat the rest of the Grove, thank you. 180 October 24, 1996 Mayor Carollo: Thank you, Jim. Jim, I gave you even 30 seconds more. You were number six. The last speaker. From the beginning we said six and six. There were four on this side so there are two more speakers that could speak from the other side. Mr. Albert Johnson: Thank you, Mayor. Mayor, Commissioners, my name is Albert Johnson. live at 3370 Poinciana Avenue. I have had the privilege of serving this City as an economi development planner for the Downtown Development Authority. I am a lawyer, a Harvar trained planner. This opportunity is good for the economic development of Coconut Grov We've all been made aware of our current physical crisis. We can't afford to treat a viable economic development project in this divisive manner. This is not the black Grove against th White Grove. This is not the east Grove against the west Grove. This is an opportunity. Th principals here are not in control of the economic forces that they contend with. Eckerds mad an opportunity available to them in the form of a letter, I'm sure they're considering it. That' what they do in an economic arena. I realize this is a sensitive and passionate issue but the residents of Coconut Grove are in control of their destiny. They need not fear. If you fear, don' sell your property. Don't alienate your property in any way. Pay your taxes. You have nothing to worry about. I would love to believe that everything would be fine, if this issue were blacl and white but it's not. It's not. It's about economic opportunity and it should be given a fai consideration. I would really hate to be a part of the divisiveness, that I hear being passed by mi in such a casual manner. Let's move forward to the future. Let's make something happen that'; positive. Mayor Carollo: There's one more person in favor. Mr. David Alexander: Mr. Mayor, Commissioners. David Alexander. Mayor Carollo: David, are you speaking for or against? Mr. Alexander: For, sir. Mayor Carollo: OK, for the project? Mr. Alexander: That's correct. Mayor Carollo: OK. This is the last one, then, for out of the people that will be speaking, OK. Mr. Alexander: David Alexander, I am Executive Director of Coconut Grove Loca Development, Incorporation. Mr. Mayor, good evening Commissioners. I have been asked ti speak on behalf of this project. My board of directors did pass a resolution in favor o supporting this project. I have been asked to make a few comments as to why that vote wa taken. This is the most important piece of property in west Coconut Grove. And by an acciden of location, this property will set the tone for future development of west Coconut Grove. Th way it is today, the development process cannot take place to have an economically viabl project built there that will be the best thing that it can for this community. I am not sure that ai Eckerds is the best solution for the property. I am not sure that four single family homes are th best solution for the residential on the rear. But, the fact of the matter is, the Commissioner know that the way this property goes is the way that the rest of the Grove is going to go. I as] you to consider the passage of this request. We like the covenant. We think it's very committee in terms of the way the homeowners were approached. We believe that these developers are al in and off Coconut Grove. That they are sensitive to the future of this community and they ar not going to double deal or try to change it down the line. The LDC wants to see this projec happen because until there is something built on this lot, we are going to be a wasteland ani business will not cross that invisible line between the two communities. So we ask you to be i favor and to support this. Thank you, very much. 181 October 24, 1996 I c d e. e e e s ®i 1 r Mayor Carollo: Thank you. OK, that's the large speaker from the public. Ms. Joyce Wilson: I ask to speak on PZ 12 then, if you won't let me speak now. Mayor Carollo: Look, I have made some rules for everybody. For you, for me, for everybody here. If, I'm sorry, you know. We made some rules. You all should have gotten together. I don't know what side you're on, but you all should have gotten together. If you'd like to give your name for the record and say that you're in favor or against, I'd be happy to hear that. Ms. Wilson: I'm hear on a voluntary basis too. So, I think you know, everyone has a right to be heard. I am speaking on behalf of the property and that you will not approve this project. It was not something... Mayor Carollo: Well, this is not what I've asked you. I've asked you to give your name... Ms. Wilson: These are the trees on this property, I'll pass them around. These trees are in jeopardy. Mayor Carollo: You are out of order ma'am. Ma'am, you are out of order, OK. You are out of order. I have tried to be polite and run a meeting with respect and that's all that I ask in return. We've been here all day. Ms. Wilson: Mayor Carollo, you said the City has gotten too big and we don't have time to listen to you, we disagree. Mayor Carollo: No, ma'am. That is not true. What I do not like are people that do not want to follow rules. Anarchy is the only thing that we cannot have in this City. We all have to follow the law and we all have to follow the rules. Everybody here whether they were for or against were able to follow the rules. But, I am tired of seeing some people, and you are one of them ma'am, that every time you're here, it's always a problern. You're never here to do something positive, it's always to criticize the City and everything that we do. I am sorry. I am sorry that you feel that way. If you don't like Miami, if you don't like this Commission, I suggest to you move out of the City of Miami. Now, if we could go back to the meeting. I laid the ground rules in the meeting that each attorney from both sides would have two minutes to give a rebuttal. Lucia, you have two minutes and the gentleman here has two minutes and, then, finally the staff can have two minutes to counter anything that's said by either side. Thank you. Ms. Lucia Dougherty: Mr. Mayor, members of the Commission. The one thing that I really want you to focus on, is the right of every property owner to have a reasonable use of their property. What we have demonstrated in this package with our real estate appraisers and real estate experts is that neither the residential nor the commercial are viable in its present form. The cost of the houses with the land even at assessed value cost more than we can sell them for. If we were to plat it in six single family lots, the cost of the house would be in excess of what we could sell them for. Likewise, a commercial development which is shown in here. A commercial development would lose money under the present configuration of this property. I would only ask you to consider Reverend Davis who lives across the street, who is now in support of this with the covenant, and ask you to also consider that... Somebody said the covenant is not worth the paper it's written on. Well, at the very least, the very first house has to be built within one year of their approval, regardless if we build anything else. Regardless. So, G that's something that is of benefit. To have somebody marketing houses on Florida Street, Florida Avenue. Thank you very much. Mayor Carollo: Thank you. Sir, go ahead. 182 October 24, 1996 Mr. J. Shubin: Very briefly. You heard a lot of community support in favor of the project purported community support. Look at the support as it relates from the Village Council. Mr. Terry can tell you, lie is a member of the Village Council that a concept was supported. A concept was proposed, not the specific plan. Finally, I asked two questions, I never received an answer. First, when did Mr. Smith and his partners buy the land? If it's such a bad deal, why did they buy it? Secondly, look at the covenant, ask yourself if there is anything in that covenant that prevents future development of what is now the parking area. And lastly, Mayor Carollo, I say this with all respect, you and I go back when I was a kid to Watson Island, I would like to seed with your permission, one minute of my time to Mrs. Nelson. She is a positive force in this community. There may be disagreements and I would respectfully ask you to do so. Mayor Carollo: Sir, let me say this. We established some rules here for everybody. Mrs. Nelson is constantly coming here. She was here when the rules were established. We all sat together and went over to see who will be the speakers. Now, I am sorry if Mrs. Nelson wants to establish her own rules. This is a City that's governed by laws, by rules, by regulations for everyone. Now, you all agreed that who would speak. Apparently, you didn't agree upon yourselves to let her speak. I am sorry. We only have so much time. We can't be here until one or two in the morning. I'I1 be here until at least midnight but I can't go beyond that. My i colleagues all have jobs too, that they have to attend to. Tomorrow morning, we have to be here early to meet people that are flying from New York to Miami so they could rate our bonds. We have a tremendous amount of business. We try to be as fair as we can in running these meetings and I don't think anyone ever, since I lave been Mayor running meetings, has said that I have not let them speak. But I have laid ground rules. I am sorry, I have laid ground rules for all of us to follow. And I am sorry that Mrs. Nelson feels that way. Whether I would give Mrs. Nelson two minutes or 20 minute, she will be saying the same thing. She will be coming back here feeling the same way and the bottom line is, Mrs. Nelson does not want to live in the City of Miami. She would like to suced from the City of Miami, and she has that right. But, we are going to abide by the rules. Mr. Shubin: I respect your opinion. I don't represent Mrs. Nelson, and that's the problem. This is a public hearing. I have an obligation to my clients, they spoke. I am sorry, sir. Mayor Carollo: Fine. And I'm sure after she would speak, then her husband want to speak. Now, the administration has something else to say. i Commissioner Plummer: Is the public hearing closed? Mayor Carollo: The public hearing is closed. Now, it's the administration's turn to counter any statements made by the other attorney for or against. Mr. Jack Luft (Assistant Director, Office of Development): We'll stand on our position. We're prepared to answer questions if you have any. Mayor Carollo: Can, Commission...? i Commissioner Plummer: OK. One more, very briefly. I am sorry, did I interrupt? Vice Mayor Gort: No, go ahead. Mayor Carollo: Go ahead. Y Commissioner Plummer: Very briefly, with the covenant you said that you felt that you could be in favor but you couldn't what? F 1i Mr. Luft: We said that we cannot, the law would not permit us to recommend in favor of a project subject to a covenant. We cannot recommend a zoning change subject to covenants. Commissioner Plummer: What you're saying is, we can but you can't. Mr. Luft: You can, but we can't, OK. The question put to us by the applicants was, supposed the Commission... Commissioner Plummer: Jack, I understand. Mr. Luft: ... decides to accept it, would the cite plan meet the Department's approval? And the answer was, yes. Commissioner Plummer: OK. Let me tell you where I am at, OK. Unless you just want... Commissioner Dunn: I want to say something. Go ahead. Commissioner Plummer: OK. I am in favor of a change, not necessarily this one, OK. I think they brought out some very, very good points that are not addressed, have not been addressed and must be addressed. I think that there has to be a height limit on the commercial area because, when I heard that this could another Coco Walk, it's not what I see here in this book. And I don't think that it is, but there is no limit set. I am concerned, which I did not hear from either side what I will call the back parking, could be I guess, I don't know what the law says, two floors, three floors of parking. Five floors of parking? I don't know. But, I think that's got to he addressed. Is it going to continue to be surface parking and what is in that particular area? I can't tell from this rendering the one that's up there that says that's Miami Avenue, which is obviously very, very incorrect. It's a long way from Miami Avenue. What is the setback between the parking and the residential portion? What buffers are being provided there to separate the commercial from the residential? And the only other question that I really think needs addressing and I'm probably going to make some enemies on this one. I thought that there was a possibility if there were three residences instead of four. I was concerned about the scenario of seven foot frontage and five foot on the back. And I don't think that's what I would like to see in the Grove. Whereas, if you went to three residences, you can have the two on the end, one facing McDonald I guess you would say, one facing Margaret and one facing Florida, which would give you a lot more breathing space than is presently. And I realize, I realize that it is going to cost the developer money to do that. But, those are the areas of which I wish to express my concern. I am not ready to vote favorably unless I have my answers and I'll keep quite on that point. Mayor Carollo: Commissioner what was the last point that you made? Commissioner Plummer: Joe, the last point I was trying to make is, is instead of having four single family residences on the back side, make it three, stretched out proportionately in their way so that you had more space of a back yard and a front yard setback. The developer, it's going to cost him a few dollars, there is no question about that. But, I did not like the idea of a seven foot frontage and a five foot back. You know, one thing in the Grove that I'd love to see is everyone of those damn apartments off of Grand Avenue gone. (APPLAUSE) OK. That to me is... You know, I always was told that 62 percent of Coconut Grove in West Grove was home ownership. And, you know, under normal circumstances, most of those people who I highly respect, I don't want a trend that's going to start it back the other way. Mayor Carollo: And that's a reasonable, I think request. Obviously, it's going to cost them more. They probably going to have to raise the price a little bit on the homes, but I think it's a 184 October 24, 1996 reasonable request. The one on the height, I think it's a must. Now, let me ask a question. Lucia, on the size of the lots as you have them now with four single family homes, what are the sizes right now, as you have them there? Ms. Dougherty: They are 1,500 square foot homes. And I think... Mayor Carollo: They're what 50 by...? Mr. Luft: Fifteen hundred, Lucia. Ms. Dougherty: It's fifteen hundred, excuse me. I am sorry. Mayor Carollo: The homes. I am saying the lot, yeah the lot. Mr. Luft: They are about 3,500 square feet. Mayor Carollo: OK. What is the dimensions of them? How wide by how long? Ms. Dougherty: Forty feet wide, sixty feet long. I mean... Mr. Luft: Well, no they are more like 80. It's a 300 foot block, four houses. Mayor Carollo: So it's 40 by... Commissioner Plummer: Three seventy-five. Mr. Luft: About 80. It's about just over 3,000 square feet per lot. If you take one of those out and divide that by three... Mayor Carollo: OK, yeah. I think Commissioner Plummer has made you know, a reasonable request on that then. I thought that it would maybe 100, but no, it's 80. So, I think the request he's made is reasonable. Mr. Dougherty: Mr. Mayor we would accept that... Commissioner Plummer: Well, but you understand what I am saying. In other words, the house on this end down here would turn this way, which would give more front footage and more back footage. The one over here would face Margaret and that way you would have the same there and the two would become one and that one would be facing to Florida. Mr. Dougherty: We'll modify the covenant accordingly. Mayor Carollo: Yeah, you definitely don't want them facing McDonald Street, too much traffic there. Vice Mayor Gort: Vice Mayor Gort, do you have any statements or questions? Vice Mayor Gort: Well, this lot, and you could probably answer this question, has been Iike that vacant for how long now, 20 years, 25? Mr. Luft: No, there were some houses on the lot... Vice Mayor Gort: No, I'm not saying the residential area, but I am talking about the other street... 185 October 24, 1996 0 Mr. Luft: ... up until the late '70s. The front half of that lot has been vacant, that I know of, since 1970. There was a little clinic on the corner and the barbecue was built in the late '70s. But... Vice Mayor Gort: I remember in the 1960's, I used to go and buy barbecue there... Mr. Luft: Yeah, yeah. Vice Mayor Gort: ... but nothing has been developed there for the last 30 years. Mr. Luft: No. Thirty, 40 years. Vice Mayor Gort: Which means something needs to be there. Mr. Luft: The Coconut Grove master plans says building the corner out in a reasonable way is the key to bringing vitality back to Commodore Plaza and Grand Avenue. Vice Mayor Gort: Thank you. Mayor Carollo: Commissioner Dunn. Commissioner Dunn: Yes, I had about four comments or questions that I... several have already been answered. The first comment or question I had was there seemed to be some confusion as related to who was for or against with the residents. I noticed that some people looked like they stood up twice for and against. No, I am serious, I am serious. Secondly, as it was already stated, I believe that we have to look at not what this property was, but what this property is. What is it right now? And what could we render as the best working result of what it is, not what it was, that's under the bridge? I don't think we can deal with that now, unfortunately. My concern was, will this enhance, and I've heard that question answered, will this enhance economically the said area and you are saying, "Yest it will." Yes, it will. Mr. Luft: I believe it's the key, yes. Commissioner Dunn: OK. And lastly, which I also heard was answered, that we pretty much have an opportunity, we have the last word on is, how much protection can the covenant provide the residents of the said area and not allowing this community to be bombarded or j overwhelmed? And I think I heard that answered already. Those were my concerns. Mayor Carollo: Commissioner Regalado. Commissioner Regalado: I don't have any technical questions. I don't have any technical comments. I'm not going to comment on the way that the houses should be located. I am just going to say that I raised my children in the house that I live now, and it's about a block and a half away from a commercial zone. And, you know, when I came, when I come every night from work, I finish in the radio station around 11, I like to turn on that street and go to my house and see light on that corner and see people walking in and out. There is no bars, just simple family stores, also a medical office and it hasn't bothered me or my neighbors. I don't believe that we should continue to be against progress. I go most every week to certain parts of the Grove, Commodore Plaza by the way. And, I just try to avoid coming through 27th so I go the other way and I like to... What I am doing now, is since I've been here, I like to go through every street so I know every street. And I have been going through the streets of Coconut Grove and I've seen a lot of good streets but I've seen a lot of bad streets. Dark, abandoned houses and I just hope that we, in the City of Miami, that we say every day that we need a tax break, that we Fi need to get revenues, that we don't want to tax our citizens because we don't want to punish our citizens for the mistakes that other people make, we still are against progress. I just don't understand how can we let this City avoid this kind of progress and whoever be in favor of people in the County building in Kendall or in other areas huge shopping centers that would only take away people from this area to buy and to spend their money. So, this is not a technical comment, it's just a philosophical comment that I have, that I think I am for progress. And, I am not afraid to have a commercial site very close to my home. Mr. Luft: Mr. Mayor, the attorney has asked your permission to suggest a compromise. Mayor Carollo: Which attorney is that? Mr. Luft: Mr. Shubin. Mayor Carollo: OK. Let him come up and mention whatever he would like. Mr. Shubin: One of the compromises that I think we could sell to the neighbors, I have spoken to some, is on the commercial portion, what is presently proposed as a parking area to accommodate a commercial on Grand Avenue, if the covenant, if the applicant would agree to amend the covenant, to limit it only to surface parking and to provide a buffer to the residential community. That would accommodate the concerns of the neighbors. Surface parking would be the functionally equivalent of a height limitation and a covenant that cannot be modified. Commissioner Plummer: That's what... Well, how does that differ from what I just said? Mr. Luft: He's talking about the entire frontage of Grand Avenue. The entire property. Parking lot. Commissioner Plummer: He's saying the same thing, unless I am mistaken, the back parking lot is about to the residential. How is it being buffered, and is it surface or five floors? And, I didn't get an answer but it was my understanding, since nobody said five except Jim, that it was going to be surface. Mr. Shubin: But, that's not in the covenant. Commissioner Plummer: Sir, did you not hear me say that... Mr. Shubin: I did hear you, I just wanted to make it clear. Commissioner Plummer: OK. Mayor Carollo: Did you all understand Lucia, what he was saying? Commissioner Plummer: Well, I need answers. I did not get answers, Joe. Mayor Carollo: I'm not quite sure I understood what he was saying. Ms. Dougherty: If you're saying that this could only be used for surface parking, the answer is we can't accept taht because we don't know what we're going to build yet. We probably... the Eckerds may go back there, as a matter of fact. The Eckerds itself may go back there. One of the things, you have protection because you have to approve the Class II permits for anything that we build in the future. It goes through a whole public review process. Commissioner Plummer: Yeah, but you.... 187 October 24, 1996 1i Ms. Dougherty: The site plan has to be approved for Eckerds. Commissioner Plummer: Yeah, but you can. Lucia, you can change your configuration of parking if necessary, OK.? And let me tell you something and the neighbors something, when you start going up with parking, it's expensive, OK.? And I would tell you that if they can avoid anyway of upfloor, two floor, three floor parking, they are going to avoid it because it gets expensive. Well, you say no, OK? Mayor Carollo: The bottom line is, that what you're saying is, that whatever is finally going to be built, whether an Eckerds the Farmers Market, if it's a structure that's going to be built there it would have to go through the permitting process. Mr. Dougherty: And, we agreed with Reverend Davis, that as soon as 25% of this portion is built with a commercial structures, we have to build all four homes. Commissioner Plummer: Three. Ms. Dougherty: Excuse rne, you're right, sorry. Mayor Carollo: Three. OK. Commissioner Plummer: Keep it up, you'll be down to two. Mr. Luft: Commissioner, could I suggest... Would the applicant agree to a 35 foot height limit on the commercial portion and 25 feet on the portion that is now zoned residential because that's the height limit in the residential zone? In the portion of the block that's now zoned residential, the height limit today is 25 feet, Ms. Dougherty: This is now a 50 feet height limitation right? Mr. Luft: Yes, I know it's 50 feet on the front. What we're trying to do is not back houses up to a 50 foot wall. Ms. Dougherty: Yes, we agree. Mr. Luft: Twenty -foot Ms. Dougherty: Twenty-five foot. MR. Luft: ... in the middle. See, I think one of the things that some of the neighbors have been concerned about, Mr. Mayor, is preserving as many of the trees as possible on the site. And by allowing us the flexibility to move the building around, to preserve those trees, it gives us a better possibility for a site design, and so drawing that line arbitrarily through the middle and saying keep it a lot might prevent that flexible and I think a better design. Ms. Dougherty: My client misunderstood. This would be 25, and this would be 35, we would accept. Mr. Luft: Yes. Ms. Dougherty: That would be fine. Mr. Shubin: Which would be 25, and... October 24, 1996 ri Mr. Luft: The residential housing portion. It's what it is today in residential. It's 50 feet today in the commercial, yes. We're trying to bring it down and then step it down to the height of the houses. Mr. Shubin: The concern is... Mayor Carollo: Well. Mr. Shubin: I am sorry. Mr. Luft: How high would your houses be on Florida? Twenty-five feet, I mean that's, that's a single family house. That's the peak of the roof, yeah. Mayor Carollo: Let me begin by saying that zoning is one of the hardest areas I think for any member of a Commission. Past Commissions, present or future. Every time you make a decision you basically, rarely take a vote that you are going to please everyone. Every time you take a vote, you are going to have some people mad at you, some not mad at you. It's the toughest part for us to do but we're here. We were elected to make decisions on zoning. I would love to be like some of the Mayors in other cities that don't have to vote on zoning, but I do. It is a charter that we have in this Commission. I am glad that someone, I don't remember who it was that made the statement, that this was not a black or white issue, that this was not a West Grove versus East Grove issue. We've had people from all walks speak for it, speak against it. I don't think anyone, anyone could accuse Mrs. Gibson of being against the black Grove. So, this is not an issue that's one group versus another. This is simply an issue, like many that we have that some people feel one way, some feel the other. Most of the times, in issues like this, not everyone is right. There is some right on both sides and there is some wrong on both sides. This is one property that I made sure that I took the time out to go through it. Daytime, nighttimes to see what was there, what was around it. And, over at the left side where Margaret Street is, you have an apartment building there that I think in the bottom you have some commercial, on top you have the apartments. It's got a parking lot in the back that's very well kept with gates. Across Grand, you have commercial space and on the right side of McDonald, you have the old movie theatre that's there and the parking in the back. You're surrounded basically by non - homes, nonresidential areas. In the back on Florida Avenue, it is residential. And frankly, if I was living here I would have been here a long time ago - you know what - complaining to the City, of where is our code enforcement. Because you have some homes there, and I don't want to embarrass anyone, but there are some homes there that in major code violations and that's the one thing that I would be up in arms about. Because I would not permit that in any neighborhood at all, you have some homes that are kept very nicely that you could see that the people have pride and they want to live there, they want to have a residential area. I believe the... one particular that I saw in the shape that it is, is an absentee owner, I am not sure. But, the bottom line is that what I am seeing that is being proposed here, whether some people for whatever reason think it's bad, I don't see it as being bad. I see it as, on the contrary, you're keeping the residential aspect of Florida Avenue safe. Yes, you are taking "X" amount of feet from the length of those lots that are not going to be residential but the bottom, the front part, which is what the homeowners across the street are going to be seeing is still going to be residential, you are going to have homes there. At the same time, I think that you have two main corners along Grand Avenue that are your anchors. This is one, the other anchor is over at Douglas and Grand. I think this here is going to help the other corner come alive a lot quicker than it has. We have been waiting for years, it hasn't happened like we all would hope it would. I think this could be a help to the other end of Grand at Douglas. What I have been hearing of the different proposals that they might do there, whether it is an Eckerds, whether it's a Farmers Market type, I find it reasonable. I find it that it is going to be an asset to the whole community there. I cannot understand why there's been such an uproar about this. There are some very 189 October 24, 1996 large oak trees that are beautiful trees there. I think we have quite a few laws in the books on oak trees and we have to protect those as best we could with the laws that we have and more. And I am sure that whoever develops that would try to do the best that they can. But I see this as a sign of progress for Miami. I think that this would be an asset to the whole community. It would be a plus and I will vote in favor of it. I think we have to put some of the regulations we discussed here in the height. I thing; Commissioner Plummer is correct, that we need three homes in the back, not four. And this way you make up in width what you don't have for length in those lots. And that's one person's opinion up here. I don't know if anyone else has any additional questions that they would like to make up here. If so, you all could begin by asking it now. If not, if there is a motion, so he it. Commissioner Regalado: It's a motion? Commissioner Plummer: Mr. Mayor, I have to add one other thing. I am sorry. And I am probably going to get my friends angry again, and Bruno is about ready to have a fit. I want in your covenant that there will be no disco, OK. I don't want no more Tiki bar. You can serve, you can have restaurants, and you can serve food and you can serve beverages but the one thing I am going to be concerned about is the noise that would filter over into very close proximity so, no disco. Mr. Luft: Do you have a specific height that you want to settle on here? Commissioner Plummer: Well, I thought we agreed. Twenty-five residential, 35 commercial. Mr. Luft: Right, OK. Commissioner Plummer: Now, the only question that's not been answered is tell me what you're going to do in the buffering between that parking; in the back and the residential. Mr. Luft: We required them to build a wall and a five foot landscape buffer in addition to that. Commissioner Plummer: Inside of the wall or out...? Their side or the residential side? Mr. Luft: The residential side. Commissioner Plummer: OK. And what about maintaining the buffer? Vice Mayor Gort: It's already maintained. Ms. Dougherty: That will be for the houses. Commissioner Plummer: What? Ms. Dougherty: It will be for the people who own houses. Mr. Luft: We wouldn't want them going in their yards to maintain it. It would be hopefully usable by the houses. Commissioner Plummer: The people. OK, they would be expected to do it, OK. Mr. Luft: Yes. Commissioner Plummer: Now, the rest of it, you would have to come back? 190 October 24, 1996 1 Mr. Luft: Right. Commissioner Plummer: OK. That's... Oh, the other question was, oh no, the surface parking would be when you come back. Commissioner Regalado: Make a motion. Ms. Dougherty: I just have one question, if I could Mr. Mayor? Mayor Carollo: Before you do, Lucia, let me ask this before I forget. The 35 feet that we're talking about is that for one story or, the height limit of 35 feet is this basically for one story? Height? Mr. Luft: It's basically a two story commercial building. Mayor Carollo: Is it a two story commercial for 35 feet? i Mr. Luft: It's basically. Mayor Carollo: OK, that's fair, yeah. Commissioner Plummer: Well I think Mr. Mayor, that you know, as it's zoned presently, without being here tonight you could go 50. y p Y� Mr. Luft: Yeah. Five stories, yes. Commissioner Plummer: Yeah, five stories, where in fact what we're doing here this evening reducing it down. Mayor Carollo: Yeah. Well, I understand. The reason I was asking was if we were going to limit them to one story, I think it would not make sense to do that. At 35 feet if you get two stories commercial, that's fine. Commissioner Plummer: Whenever you're ready. You want to make the motion? Ms. Dougherty: I just have one question... s Commissioner Plummer: I'll make the motion. Commissioner Regalado: Second. i Commissioner Plummer: I'll make the motion on item 11 that predicated on the commitments that have been given here this evening, must be surrendered in a covenant. And, I have never heard of a covenant that can only be changed by the complete 100 percent of the residents within i 375 feet, I got to tell you, that's more binding that Kraft cheese. OK, that it will be cut down to three residences. There will be a wall between the residential and the commercial, that it will be, did I say the 25 foot height for residential 35 for the commercial? Vice Mayor Gort: Twenty-five... is Commissioner Plummer: Eh? Twenty-five for the residential, 35 for the commercial. Vice Mayor Gort: OK. s f yy; 191 October 24, 1996' r �d Commissioner Plummer: You know the only thing that we didn't talk about, tranquillo, tranquillo. Are we going to, as what is shown on this rendering, ingress and egress into the commercial is only on Grand or will that be decided at a later time also? Ms. Dougherty: That will be decided at a later time. We... Commissioner Plummer: I don't have any problem with ingress, egress on McDonald or on Grand. I kind of would be very much opposed to Margaret because that's pretty much congested now. With those provisions being adopted, agreed to and put into writing in the form of a covenant prior to the second reading, I move item 11. Ms. Dougherty: Excuse me. Mr. Luft: OK, Commissioner if I may. Commissioner Plummer: Yes, sir. Mr. Luft: Item 11 is a comp plan amendment. Those items that you're addressing would... Commissioner Plummer: But why did you let me sit here and make... Mr. Luft: No, no. What those would be proper for would be PZ 12? Commissioner Plummer: That's fine. What's proper for 11? Mr. Luft: Just approval. Commissioner Plummer: What? Mr. Luft: Just approval. Commissioner Plummer: I move the approval of 11. 1 Commissioner Dunn: I second the motion. t Mayor Carollo: There's a motion, there's a second. Can we call the roll? Commissioner Plummer: It's an ordinance Mr. Mayor. Mr. Walter J. Foeman (City Clerk): It's an ordinance Mr. Mayor. Mayor Carollo: Yeah, can you read the ordinance rather? Ms. Marium Maer (Assistant City Attorney): Yes, Mr. Mayor. i Mayor Carollo: Call the roll please? i Mr. Foeman: Roll call. s i 192 October 24, 1996 5- 1 An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PROPERTY LOCATED AT APPROXIMATELY 3240 FLORIDA AVENUE, FROM 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 EFFECTIVE DATE. was introduced by Commissioner Plummer, seconded by Commissioner Dunn, and was passed on first reading, by title only, by the following vote: i AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo i j NAYS: None. (i 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. ----------------------- 26. FIRST READING ORDINANCE: AMEND 11000 FROM R-1 SINGLE- FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (A[PZ 16] DISCUSS/CONTINUE TO 10/30/96 AT 2:00 P.M., CONSIDERATION OF PZ 16 (AMEND ARTICLE 6, SECTION 602 OF ORDINANCE 11000, TO RESTRUCTURE PARKING REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT) -- OAK SHADOW PLAT ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT REGS.). ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I now move item 12, subject to the conditions which I tried to put on 11. Mayor Carollo: Go ahead. E F Commissioner Dunn: Second. Commissioner Plummer: Do I have to reiterate? Mayor Carollo: No. Commissioner Plummer: OK. Mayor Carollo: Can you read the ordinance please? Commissioner Plummer: Time out, you've got a problem with the stenographer. Mayor Carollo: While we are holding for a minute here, I would just like to state to everyone here that I apologize that you all had to wait so much tonight before this item was finally heard. We of the Commission have been here today for 12 and a half hours, and we probably are going to be here for at least another hour and a half or two. Maybe one of the things we might have to do is to have four meetings a month instead of two, so that we could have more time to provide to everyone. But, we have been on this item for about one hour and a half. I wish we could have had more time, but we have so many items before us that it is impossible to give more time than what we had given this evening, so I apologize for that. Mr. Tucker Gibbs: Mayor Carollo, we had an item that was scheduled for a time certain that has been deferred three times. Item 16 which was the Oak Shadow Plat, which is a City Attorney's issue, and I know Mr. Kurgla had asked, he's the gentleman whose property was replated and we represent the other side. But... Mr. Carlos Smith (Assistant City Manager): That's on the regular agenda, Mr. Mayor. Mr. Gibbs: It was the regular agenda. Mayor Carollo: Yeah. OK. Let me see, that was in the morning. Commissioner Dunn: Mr. Mayor. Mayor Carollo: OK, let us finish this for a minute and then see if we could take it right up. Commissioner Plummer: Yeah, has the lady got her tape back there, or is she getting it back? That was the reason. OK, go ahead and read the ordinance. Mayor Carollo: Read the ordinance. Mr. Walter J. Foeman (City Clerk): That's it. i Mayor Carollo: That's it, OK. F-A AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SEG-TION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT 3240 FLORIDA AVENUE, MIAMI, FLORIDA; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERASILITY CLAUSE. was introduced by Commissioner Plummer, seconded by Commissioner Dunn, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Richard P. Dunn, I1 Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo 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. COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Mr. Mayor, if I may. Mayor Carollo: Yes, Commissioner. Commissioner Plummer: Let me tell you, Mr. Shubin, you showed your true colors being here tonight probono, OK? You came away a winner in more ways than one. But, I want to thank you on behalf of the community for being here this evening and did what you did for the community. Mr. Shubin: Thank you, Commissioner Plummer. Mayor Carollo: Likewise Mr. Shubin. E (APPLAUSE) Mayor Carollo: Ms. Dougherty. r Ms. Dougherty: Mr. Mayor, members of the Commission. Typically what happens is that the second reading is held after the comprehensive plan goes to the State. My question is, could we; have second reading of this ordinance and then have it conditioned upon the State approval of the comprehensive plan. r E Commissioner Plummer: You mean tonight? Ms. Dougherty: No, no. +' 195 October 24,1996 1i Mayor Carollo: No, no. Would that be appropriate Madam City Attorney? Ms. Miriam Maer (Assistant City Attorney): As long as you do it subject to, yes. Mayor Carollo: OK, well it's fine. Ms. Dougherty: Thank you. Mr. Gibbs: Thank you. Mayor Carollo: Subject to. Commissioner Plummer: Time out. Ms. Maer: When I said subject to, I am talking about the effective date. Is that what you intended? Ms. Dougherty: Yes. Ms. Maer: Yeah, I am talking about the effective date being subject to. [At this point Commissioner Regalado at 9:30 p.m. Ieft the Commission meeting. -------------------------------------------------- ------------------------------------------------------------ 27. RESCIND 94-453 -- SUBSTITUTE 96-793 APPROVING OAK SHADOW PLAT, AS MODIFIED. Mayor Carollo: Yes, of course. Yeah. Unfortunately, Commissioner Regalado has to go to work. So, we're down to four. OK, we are going to go back to the regular commission agenda to item 16, real briefly before we come right back to the zoning agenda. [Please note that Commissioner Regalado left the Commission meeting at 9:30 p.m.] Commissioner Dunn: Mr. Mayor. Mayor Carollo: Yeah. Please, if you could all keep it brief. Commissioner Dunn: Mr. Mayor. Mr. Mayor. Also, we open with that one too, 13. Mayor Carollo: We'll get that later, there's nobody waiting for that one. Commissioner Dunn: OK, OK. Mayor Carollo: OK, we will be going to item 16, of the regular Commission agenda briefly before we go right back to zoning. You know, I can't recollect a day ever where we have had so many court reporters here. We've had at least six of them today. Mr. Tucker Gibbs: This is mine. Mayor Carollo: Well, somebody start, please. 196 October 24, 1996 Mr. Gibbs: My understanding is the City Attorney is going to start since this is the City Attorney's item. Mayor Carollo: Somebody, please start. We got to move on. Ms. Miriam Maer (Assistant City Attorney): This was a matter that was before the Commission, I think in 1994. The City Commission just has... Just to go back over some of the history. The City Commission approved the plat. The neighbors retained the services of Mr. Gibbs who took the matter to court. After briefs and all arguments, the appellant division of circuit court alternatively remanded the matter to the City Commission for the Commission to specifically consider the application for plat approval and determine if all requirements had been met and that is why we're here today. The Public Works Department and the Plat and Street Committee and the City Manager had recommended approval of the plat at the time it came to you in 1994 and, I believe, Public Works is prepared to make a statement in this matter. Mayor Carollo: Before they do, Mariam. The, well in my... Within the 500 feet of this property or not? Commissioner Plummer: Three seventy-five. Ms. Maer: I don't know if you're within that distance, that prohibited distance or not. Because this is a. Mayor Carollo: What's the distance? Do you have to be... Ms. Maer: Are you within the 375 feet? Mayor Carollo: Is it, no... OK, I don't think I am 375. No, definitely not. Five hundred what I've got enclosed maybe but not 375. Ms. Maer: Yeah, you might be getting close to the 500. Mayor Carollo: Yeah, but it's 375, right? Ms. Maer: Yeah, I believe so. Mayor Carollo: Well then, is it 375? Commissioner Plummer: Yeah. Mayor Carollo: Then I am fine. I can vote on it. Mr. Jim Kay: OK. Jim Kay, for the record Public Works Department. You noticed in your package you have about 12 exhibits on the side and the very last thing is the resolution which deals with this particular item. These exhibits are background information of, things that have occurred over the last three years. I won't go into all of those but I'll try to be as brief as I can. Back in October of '93, Mr. Kuryla presented for consideration a tentative plat of lot 23, and that particular lot, that's Coffee Street and Mattler Street, that particular lot was rectangular in shape 100 by 200 feet, exactly 2,000 square feet in area. I am sorry, 20,000 square feet in area, correction. The proposal was to subdivide the lot into two 10,000 square foot lots which Mr. Kuryla did with the tentative plat. I won't go back and forth. The plat was ultimately approved by the City Commission but at the heart of this issue is the waiver of some dedication that occurred during the platting process. At first the dedication waiver was not granted, but after 197 October 24, 1996 Mr. Kuryla had presented hardship. Namely the fact that he was being required to dedicate six inches of property off the. North property line. The reason for that being is that the street, Coffee Street, was zoned 49 feet in width and not 50 feet in width like it normally should have been. And, therefore, six inches on either side was required. And the reason why we chose not to require the dedication was the fact that Mr. Kuryla had a six foot high wood fence at the property line. And to dedicate that would mean that Ile would have to take that six foot high fence and move it back six inches. And the cost of the fence compared to the cost of the property was kind of out of balance. And the pertinent document is document number, exhibit number nine which is on page 27, which refers to that. And the property owners in the area represented by a Counsellor see it differently. We think that it was enough to present a hardship and we did go ahead and grant the waiver of dedication. Therefore, allowing Mr. Kuryla to split the lot up into two 10,000 square foot lots. Commissioner Plummer: And what are recommending tonight? Mr. Kay: We are recommending that you adopt the resolution that is presented to you. That you have made the proper findings involving this plat. Reiterating once again, that you have adopted the resolution as presented. I Commissioner Plummer: Does it go back before the Street and Plat Committee? Mr. Kay: No, it does not go back before the Street... j Commissioner Plummer: It doesn't. It wasn't necessary. OK, thank you. Calling collect. Mr. Gibbs: I didn't know if Mr. Kuryla was going to speak as a proponent of this. I didn't know if the opponents were going to speak at the finish of the proponents. Mayor Carollo: Tucker before we proceed, the City Attorney asked me to ask you to waive any conflicts on me, just in case, and within the 375 feet which I am sure I am not. Mr. Gibbs: Certainly. On behalf of my clients I'll be happy to do so. And I find it interesting because since the 375 feet issue only deals with Quasi Judicial proceedings which I consider a I Quasi Judicial proceeding, the City Attorney does not. I am happy to waive it, and I'm happy to see that he acknowledges that there may be a notice issue here. 'Thank you. Mayor Carollo: Well, that's between you attorneys to handle. Mr. Gibbs: I know. But as I said, I'll be happy to wait to hear from Mr. Kuryla. I assume Mr. Kuryla wants to speak on this issue as a proponent. Mr. Mike Kuryla: Mr. Mayor, I am Mike Kuryla. Commissioners, good evening. In effect of Tucker's invitation I am not here to ask for anything, I am not here to sell anything. I am here to voice my thoughts on what the court essentially did. It was remand back to the City Commission so the City Commission could determine if, in point of fact, all of the legal requirements were met by the Street and Plat Committee, which we have learned through Mr. Kay, were in point of fact met and, consequently, upon their recommendations as well as the recommendation of the City Attorneys as well as the recommendation of all of the persons involved with this issue. I think it's very clear. I will read two paragraphs, essentially what the court is suggesting. And the court is suggesting that the City Commission should have determined whether this property, yours truly, fulfilled all the legal requirements for final approval of the plat. They further say on remand it will not be necessary for the Commission to make findings of fact, though they might be useful for future proceedings. And, because of our holding on this issue, it is not necessary to reach the other issues asserted by a petitioner. Clearly it would be my view that Mr. Gibbs 198 October 24, 1996 f S i would want to bring up this "quasi judicial decision" of which I can't address because I am not an attorney. But the bottom line is this. I am a citizen who over the last few years has probably paid well over one hundred thousand dollars ($100,000) dollars in property taxes to my City. I have built a home here, I've. raised all my kids here. I wanted to build another home on this piece of property. I have gone through three years of shear anguish and enormous expense to do exactly what the City has required me to do. I have never skirted an issue. I have always followed the rules and when the decision was made to grant this plat, the plat was recorded as it should have been recorded and I am sensitive in some ways to the issues of my neighbors. I am sensitive to those things that if I had wanted any changes in zoning, if I had asked for any variances, I did not. I followed the rules not only to the letter, but I followed the rules to the intent. And, for me to have to come hack because of Mr. Gibbs' representation of a number of people who don't like that I split the property to which I was entitled to do, I regret that. There again, Mr. Gibbs at a point in time while he was clearly a powerful chairman of a zoning or planning committee, took on the representation of a number of people in the neighborhood, and did very well. Because he got the entire section of my neighborhood rezoned from a 10,000 square foot lot to a 20,000 square foot lot and I commend him for it. But the fact remains that, at no time, did we ever skirt the exact rules that were required to do this plat and that is why the City Commission voted in favor of it and that is why it was put into the record. And, I thank you for continuing to permit this plat in whatever form the City Attorney has recommended that you proceed. Thank you so much. Mayor Carollo: OK, Tucker before you proceed. How many here want to speak on this item, any neighbors are in favor or against? OK, why don't you all start coming up in a minute and the ones that want to speak in favor of it, if you could line up over here and the ones who want to speak against it, behind Mr. Gibbs. OK, Tucker go ahead. Mr. Tucker Gibbs: OK, right. My name is Tucker Gibbs. I have offices at 2655 So. Bayshore Drive, Suite 603. 1 am an attorney. I am registered with the City of Miami as a lobbyist on this matter. I represent Dr. E. W. Caulifer, Mr. John Duvall, Mr. Jeffrey Deagan and the Coconut Grove Civic Club. And yes, what Mr. Kay said was correct. We appeared at the City Commissions in May and in June of 1994 to bring up essentially the same issues that I am going to be bringing up tonight. I just have a couple of questions to the Commission. I drafted a letter to you all back on September 23rd with a copy to the City Clerk and the City Manager and I just wanted to know if members of the Commission received this letter. I have copies that I know the Clerk has distributed tonight. But, I didn't know, did you all receive this letter back on the 23rd because I hand delivered it to each of the offices? Commissioner Plummer: I don't remember. Mr. Gibbs: OK. I just wanted to. Mayor Carollo: We did. Mr. Gibbs: OK. In that letter you will see a sketch of the site, you will also see a copy of the opinion. And my next question was, have you all had an opportunity to read the legal opinion of the Circuit Court? OK. That will probably make it a lot easier for you all to understand this issue. The bottom line on this issue as Mr. Kay said, and the question that the court wants answered is, "Did this plat meet all lawful requirements?" And the court has said that you all have the discretion to reject this plat, if you all have determined that it does not meet all lawful requirements. If you look at the platting process in the City of Miami, as Mr. Kay has said, the supervisor of plats in this process has the authority to waive certain design standards. Dedication requirements such as the one Mr. Kuryla spoke of, the one Mr. Kay spoke of are considered "designed standards." Mr. Kuryla was told that he needed to, not only dedicate the six inches along Secoffee Street, but he will also have to dedicate the turning radius at Secoffee and 199 October 24, 1996 W Amatler. Now, tonight, later on you're going to be hearing from neighbors on Secoffee Street about the fact that Secoffee Street is a very well known cutoff area in relationship to another item that's coming before you. That people speed down Secoffee and the reason that that turning radius is an important one is, is that people stop or all supposed to stop at that intersection and they need to see when the cars are speeding down Secoffee. So, these dedication requirements are not just there for some unknown reason. They are there for a very important reason. A very important safety reason in that community. Now, Mr. Lee is the supervisor of plats for the City of Miami. And, while Mr. Kay mentioned the issue of a hardship, he didn't tell you the entire story. Section 54.5 - I think it's 12F, deals with adjustments to design standards. It's in your Code. And it tells Mr. Lee as supervisor of plats just what he needs to find to be able to weigh it. These are called standards. It's like the standards on the Zoning Board that you all vote on when you approve a variance because this is a change. There are four standards. They all relate to hardship. And I am going to read them to you because they are important: "That there are special circumstances or conditions affecting the property and that strict compliance with the design standards would deprive the applicant of usable use of his land." Two, "That the adjustment is necessary for the preservation and enjoyment of a substantial property right of the applicant." Three, "That the ;ranting of the adjustment will not be detrimental to the public welfare or injurious to the other property in the vicinity in which the property is situated." And finally, "That the adjustment would not unreasonable burden City services including adjacent streets." He must meet every single one of these standards. Every single one of them. And it is true, Mr. Lee in his findings of fact, and he did find facts on this, made a determination that Mr. Kuryla met every single one of those. But, it is the reasons, and Mr. Kay hits at the most important reason. That it was a hardship for Mr. Kuryla to move a fence off that six inches, because the value of the fence was going to be six thousand dollars ($6,000) and the value of the property that needed to be dedicated was approximately thirteen hundred dollars ($1,300). If you look at the law and the City of Miami has been in litigation over the definition of hardship and the definition of reasonable use. Hardship means depravation of all reasonable use. What does that mean? It means that the property is virtually unusable or incapable of yielding a reasonable return when used pursuant to the zoning code. That means if you have a single family piece of property which Mr. Kuryla did, that's what you have. If you have a house on that single family property, that means you have a reasonable use because you have a single family house on a single family property. It doesn't mean that if you want to split that piece of property in two that you are entitled to put two houses on that. He did not have a hardship. He did not lose a reasonable use. And that matter has been litigated by the City of Miami and the case is called Herrera versus the City of Miami. It was litigated by the City of Coral Gables in the Doctor's Hospital case, Monterro versus the City of Coral Gables. The Third District Court of Appeal is very clear about what a hardship is, it doesn't involve money. It doesn't involve value. It involves the condition of the land itself. The neighbors by the way, when Mr. Kuryla spoke to the neighbors, and Miriam Maer at the instruction of the City Attorney, based on a memo from Commissioner Plummer, wrote a very detailed memo which is in your package. And what, how is the City to solve this problem? Ms. Maer gave I think, approximately four possible solutions and one of them was the easiest solution of them all. Mr. Kuryla owned the property next door. He owned the property that had 22,000 square feet and this property had 20,000 square feet. He could have moved his lot line maybe three or four inches and he would never have had to get this waiver. He would have been able to dedicate the property. Both pieces of property would have still been 20,000 square feet. When he came to the neighbors at a meeting, we asked him the question. Are you going to move the lot line? I-Ie said, "No, it's a matter of principle." This situation is something that was created by Mr. Kuryla because if he had moved that lot line, we wouldn't be here today. We wouldn't, the neighbors wouldn't have had to pay me to go into court in 1994 and wait until 1996 to get a determination from the court. But the point of all this is, did the City apply the law correctly? And it goes to whether or not a hardship is, if this is a true hardship. You've been looking at hardships all night long tonight. You have an understanding of what a hardship is. The question is, was this waiver based on a valid hardship? Would Mr. Kuryla lose the 200 October 24, 1996 r reasonable use of his land? And it's very clear that he wouldn't be able, that he wouldn't. I'd like to now, and I don't want to be put in the position of necessarily cross examining Mr. Lee, but if I could Mr. Mayor, if I could ask you the questions to be asked to Mr. Lee, there are only three or four of them. Mayor Carollo: If you could just ask the questions through me, and he'll answer you? Mr. Gibbs: I certainly would. What I'd like to know is, how does the Public Works, the Supervisor of Plats define a hardship when confronted with situations like this? Mayor Carollo: Mr. Lee. Mr. Wally E. Lee (Assistant City Manager): Mayor, Commissioners. As indicated in Exhibit nine in my letter of February 10, 1994, addressed to Mr. Kuryla. I'll read it for the record, directly addressing your issue. This is concerning; the fence. The estimated cost of thirty-five dollars ($35) per lineal foot for removal and reconstruction of the six foot high wooden fence appears to be in line with the prices established by the industry and trades at this time. The total estimated cost then, for 175 feet of fence is six thousand one hundred and twenty-five dollars ($6,125). To determine if the cost of this relocation is an undue hardship for the applicant, the cost of the land under consideration should be calculated and compared with the fence relocation costs. Our records, based on recent property sales placed the cost of the land at approximately fifteen dollars ($15) per square foot. Therefore, the strip of land in question, 175 feet by six inches is worth approximately thirteen hundred twelve dollars and fifty cents ($1,312.50). The applicant would be required to expend funds in an amount over four times the value of the land. This relocation for six inches of additional right-of-way appears to be an unreasonable requirement for the applicant resulting; in an undue hardship. Mr. Gibbs: Mr. Mayor? Mayor Carollo: Yes, Tucker. Mr. Gibbs: Several follow-ups, does that include the issue of the dedication of the turning; radius? Mayor Carollo: Can you answer that? Mr. Lee: Yes, it does. Mr. Gibbs: It does include... the fence was on that. Excuse me, Mr. Mayor. Was the fence on that? Mr. Lee: Yeah. In the area, uh-huh. Mr. Gibbs: Thank you. Does the Supervisor of Plats consult with the City Attorney's Office when he makes determinations regarding issues of hardship and other legal issues such as definition of hardship? Mr. A. Quinn Jones, II1, Esq. (City Manager): Mr. Mayor, I was waiting; to see where this was going; and let me just say this for the record, OK, because. Mayor Carollo: Where did you come from Quinn? All of a sudden, you know, show up here. Mr. Jones: Right beside here. Let me just... 201 October 24, 1996 W Mayor Carollo: I didn't know you were that quick. Mr. Jones: I am still here. But let me just caution you really, and sincerely because you're creating a very dangerous precedent for yourselves when you have to deal with future plat approvals. Because as far as I am concern and I feel that the court was still in error in saying that it was not of ministerial duty on your part, because implicit in the plat and street committee's decision to approve it, was the fact that it had followed the legal requirements of the law. Now, what Mr. Gibbs has done to you, he's basically taken the issue and expanded it to get back into the merits of the case, OK. Mayor Carollo: I understand what Mr. Gibbs is doing, but understand also, what I have done. I have given him, like I would anyone else the opportunity to ask questions that might be properly asked until my attorney, which is you, jumps up from somewhere and says "Stop.". So... Mr. Jones: Well, I mean I have to. You see when you expect me to go to Court and defend this, you're making it difficult for me. So that's all I'm telling you, that you're creating an obstacle for me. That's all I'm saying. Mayor Carollo: Then, you should have jumped up earlier, maybe. Maybe I was too... Maybe, I was too quick to say, you get up here quick. Mr. Jones: Well I think we told you... OK. Mayor Carollo: I understand. Tucker. Mr. Gibbs: Mr. Mayor I understand what Mr. Jones is coming from, but may I ask one question and I will defer to Mr. Jones if he tells you all, if he tells Mr. Lee not to answer. But, at least may I ask the question, and Mr. Lee can defer to his attorney and you can defer to your attorney as well on answering it. And that is, in this waiver process, and it even could be considered a rhetorical question but I would like an answer in this waiver process, how do members of the public find out about the decision on the waiver one, and two how do members of the public appeal that waiver or is it appealable? Quinn do you want, can he answer that question? Mayor Carollo: Quinn, go ahead. And this will be the last one, Tucker. I mean you said this will be quick. Mr. Gibbs: OK. That's fine, that's fine. Mr. Jones Tucker, as you well know, there is no provision in there for an appeal, in the City code. Mr. Gibbs: And no provision for notice. Mr. Jones: OK. It's solely within the discretion of Mr. Lee as supervisor to make that determination, OK? So I think you're really asking him a question that really begs to question. Mr. Gibbs: Well, I can ask him a direct question as, and Mr. Mayor, as the representative of the Civic Club, I wrote a letter asking to be notified and I never got a response. And that's the concern here, because when we're talking about... Mayor Carollo: Don't feel bad, I called Mr. Lee's department all the time, my staff does. And you know, we don't get too many response either and if we get acknowledgments, nothing gets done for us, so don't feel bad. 202 October 24, 1996 �i Mr. Gibbs: OK, well my only concern on all of this is that because this is the issue, whether the plat... We go back to what the court asked, was this plat lawfully approved, and if the waiver was granted erroneously because of a misapplication of what a hardship was? Our position is, this waiver was granted erroneously. It is the basis of the plat because without the waiver you don't have two lots of 10,000 square feet which is the minimum in that area. You have two lots that are 9,000 square feet, which is a violation of the law. Mayor Carollo: What is tite minimum that you say in the area now? Mr. Gibbs: Ten thousand square feet at the time was the minimum. Mayor Carollo: At the time. Now it's 20,000, right? Mr. Gibbs: Now, it's 20,000 square feet and... Mayor Carollo: Well, let me say this to you. Across the street, I am not so sure that the lots are 10,000 square feet. I don't believe so. Mr. Gibbs: Oh, no. They're 20. Mayor Carollo: No, no, no. No way. Mr. Gibbs: Oh, oh. Across Enathla you're saying. Mayor Carollo: Well, yes across Enathla and Secoffee. Especially in the lots beginning on 22nd Avenue, the other way. Mr. Gibbs: 011, yeah. Mayor Carollo: There is no way that they're 10,000 feet. Mr. Gibbs: Absolutely. Mayor Carollo: Now, the more that you start going towards Natoma, my street, they become { bigger. Until some get to be over 20,000 feet like mine. Now, I'm stuck now in building one home there, right? Mr. Gibbs: I am not sure if you're out of the SD18.1 district or not. Mayor Carollo: Yeah.... ' Mr. Gibbs: Despite what Mr. Kuryla said, I did not draft that ordinance. And when I was on the Planning Board, just for the record because Commissioner Plummer and Commissioner Gort were here when I was raked over the coals on that issue. I refuse myself... Commissioner Plummer: Commissioner Plummer was one of the ones who raked you over the coals, that's correct. Mr. Gibbs: You raked me over the coals, oh yes. I have the transcript. t Commissioner Plummer: Don't, don't. Call it like it is. Mr. Gibbs: Oh, I was just trying to be polite. What I am saying is, is that... For the record, I reclused myself when the Planning Board considered that matter and I did not take any action on F that matter when it came to the City Commission. But the point is, is back to this waiver issue. If the waiver was approved erroneously, and that is the basis, that's the only reason why this plat can be approved. This plat itself should not he approved because it did not meet the hardship that is required under the waiver. It's the same thing as the zoning variances you heard tonight. It's the same issue and that's the concern. Mr. A. Quinn Jones, II1, Esq. (City Attorney): Yeah. Mr. Mayor, just briefly. And, Tucker, I think you're purposely misleading this Commission, because they are two separate issues, as you well know. You're talking about the issues surrounding the creation of a, the criteria for a variance versus whether the granting of the plat met the legal requirements, which are two distinct and separate issues. Mr. Gibbs: No, I am not do... Mr. Jones: Yes, you are, Tucker. Mr. Gibbs: No. Mr. Jones: The only issue that the court indicated that this case was remanded for, was for this Commission to determine whether the legal requirements had been met. Nothing more. Mr. Gibbs; OK. I agree. Mr. Jones: You're getting into an issue of the merits that this Commission doesn't even have to concern itself with. Mr. Gibbs: Mr. Mayor, I'd like to read you from this case, because I find it interesting now that the City... Mayor Carollo: Tucker, let me say this to you and to everyone else that's here. We have now been here, the Commission, for 13 hours. Our trend of concentration is not what it was at nine in the morning. None of us had had any dinner maybe that's why our tempers are not as amicable as they usually are in the morning. We need to try to set some time limits so we could finish this. How much time do you think we need for... Mr. Gibbs: We will finish it in at the most ten minutes. Mayor Carollo: OK, ten minutes? Mr. Gibbs: In the most. And I just want to wrap up and... Mayor Carollo: OK, it's ten now. We'll finish in ten minutes and, to my colleagues, we have to come to some conclusions on changing what's been done for 100 years in the City and go to four meetings a month because there is no way that we could keep going and finishing all the business that we have in the City in two meetings. We'll do regular business in the morning and zoning in the evening. It's not fair to us, it's not fair to the residents. This City has grown too much. Commissioner Plummer: Well, Commissioner, Mr. Mayor, Iet me just say to you, I have been on this Commission when we did have four meetings a month. And, you know what happens, the other two meetings get jammed up just like this one. Now, when we came in a number of years ago, the first meeting of the month was going to be dedicated to administrative matters and administrative matters only. And the second meeting of the month was going to be zoning and zoning matters only. And, I think what you've already seen, is now the second meeting is pushed in with administration as well as zoning... 204 October 24, 1996 W Mayor Carollo: Yeah. Commissioner Plummer: ... and that's where this thing is bogging down. Mayor Carollo: We need to come to a conclusion, otherwise, I'm forced to being the bad guy and getting more Joyces mad at me because i am having to set guidelines where we are going to have to limit the time that people could speak. And you know, I want to give everybody the opportunity to speak but, its going; to he impossible if we have these time constraints. And tomorrow is a key day for Miami. If we don't convince the bond people out in New York not to lower our bond rating, it's going to cost us dearly, so. i Mr. Gibbs: On that note, I will... We have two people who are going to speak only. And so we'll try to wrap it up. Mayor Carollo: OK, good. I appreciate that, if you only have two of the neighbors. Mr. Gibbs: Three? No, it's two. You and Jimmy Master, and that's it. Oh, I am sorry Sylvia. Mayor Carollo: Well three, two minutes a piece. Mr. Gibbs: Yeah, and I don't even think it will need to be two minutes a piece. Mayor Carollo: OK. Mr. Gibbs: Just to reiterate because I need to respond to what the City Attorney did say. I am going to read you what the holding of the case was. It says, "We hold that the City Commission did not follow essential requirements of law when it failed to determine whether the proposed plat complied with subdivision requirements established by the City code. And there fore we grant the petition for the writ." This is in the subdivision code of the City of Miami. These waiver requirements are in there. These waiver requirements ask the Supervisor of Plats to apply these standards of hardship and reasonable use which I will reiterate are a "kin to a zoning variance." They are not a zoning variance, they are a "kin to a zoning variance," where these standards are applied to a specific piece of property. This is within your purview to review this because the court said so. That's the bottom line here. What we're saying is, is that Mr. Lee did not properly apply these standards and for that reason that plat should not have been approved by this City Commission. I will not get into the argument about "quasi judicial." However, for the sake of the time frame, what I'd like to do is incorporate by reference, and reiterate the arguments that we made on May 23rd and June 30, 1994, before the City Commission as well as before the Circuit Court in this matter. From my letter, you have referenced to the appendix and the brief that I filed in that case, which has all the transcripts in it. And I just wanted an acknowledgment that that would be considered as part of this meeting tonight. And with that I'd like to turn it over to Charlotte... or Jim? Jim and then Charlotte Duvall. Mayor Carollo: Go ahead, Jim. Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. Mr. Mayor, I think you and I can both agree that a lot of things have happened in this City during the previous administration and some previous commissions. And this is an issue that is sort of sad. Two and half years ago I was here and I put on the record the fact that Mr. Kuryla "he owns the property next door, let us do it simply. He owns 2801 Emathla house. It contains 20,000 square feet. He owns the adjacent lot 2811 Natoma that contains 22,000 square feet. He has total of 42,000 square feet." So, as Tucker said earlier, two and a half years ago before the City was dragged through the Courts, all they had to do was move the lot line a few feet and everything would have been fine. 205 October 24, 1996 9: The City wouldn't have had to send their attorneys to court all the time and we wouldn't be back here at ten o'clock at night. It's about time that the City of Miami started enforcing its regulations, enforcing its codes, enforcing; its ordinances, for the betterment of the whole City. Not for individual property owners. Thank you. Mayor Carollo: Thank you. Ms. Charlotte Duvall: My name is Charlotte Duvall. I live at 1900 Secoffee Street, and I have been there since 1950. The neighbors of Biscayne Park Terrace were horrified when we learned two years ago, the City had replatted a lot in our neighborhood without our knowledge and without our consent. Such a thing; had never happened before. We were told we had two methods to reverse this unfortunate situation. One was to sue the City of Miami and the other was to initiate an ordinance that would prevent such action in the future. A petition was circulated. In due time the ordinance was adopted by the City of Miami which would prevent any platted 20,000 square foot lot being; divided or replated. Our suit continued in the courts and the courts confirmed that the Miami City Commission had voted improperly to allow the plat of 200... improperly to plat a 200 by 100 foot lot into, in Biscayne Park Terrace, into two 100 foot lots named Oak Shadow subdivision. When the courts declared the Oak Shadow subdivision was illegally platted, it ceased to exist. The property, therefore, reverted to its original situation which was Iot number 23 in Biscayne Park Terrace, with the plotted size of 100 by 200 feet. As such, this lot is grandfathered into the Miami City ordinance, which prevents any division or replatting of a property of this size. The subdivision of Oak Shadow no longer exists and should be stricken from the City records. Dr. Sylvia Smith: I am Dr. Smith, Sylvia Smith. I live at 3000 Seminole Street. I have lived there since 1974, for 22 years. My husband has lived there since 1966 which is 30 years. I have spoken at great length at these commission meetings dealing with this particular issue and 1 won't take a lot of your time. But there are a couple of things that I do want to say. First, is that it would be nice if the laws of the City of Miami were applied uniformly. I find it strange that Mr. Carollo, for him it is a hardship to take down a wooden fence but for other individuals in the same area who, unfortunately because of the late hour are not here, had to take down a concrete wall and it was not considered a hardship. I think that's something we need to take a look at. The other is, that I've been here since six o'clock and listening to my City Commissioners, that are elected officials, it would be nice to see them listen to their constituents. We are here, we've been here almost hours and hours. It is an issue... All we are asking is, that if the law is there, just follow it. That's all I have to say. Mr. Gibbs: So in conclusion, we urge you to reject the plat. Thank you. Mr. Wally E. Lee (Assistant City Manager): Mr. Mayor, for the record, I would like to read a short paragraph so that it would he part of the record. Again returning to my letter of February 10th, 1994, exhibit nine. In the last paragraph of the letter I state, "Therefore, having found that all four conditions set forth in Miami Code Section 54. 5-12F have been met in regard to your request for waiver of dedication in connection with a tentative plat of Oak Shadow subdivision, I hereby grant an unconditional waiver of dedication in accordance with your request." Mayor Carollo: Would you like to make any further statements, two more minutes if you like? Mr. Mike Kuryla: Thank you, your honor. Thank you ,very much. I haven't met Mr. McMaster but he in a very cavalier way is... goes about making suggestions of what I should do with my property. And, I find it somewhat unusual. Clearly he may have a variety of suggestions of what I should do with my property. None of which have any influence or any hearing on me, nor should they have any bearing on anybody else. I can't tell Mr. Gibbs what to do with his property and I find it offensive and I don't see how it comes to the issue. As it turns out, yes I 206 October 24, 1996 1i did own the property next door. It was a property which I took from an unimproved property and built a home on it and to satisfy their wishes they would have had me move the property line of one of my pieces of property, my principle residence, which I was unprepared to do because when I, after due. diligence and careful investigation purchased this property in 1993, and knew that I had the opportunity to replat this property without making any kind of zoning changes, it was there when I went ahead and followed through and followed every single requirement that the City required of me and Imposed on me. And, for someone to come along and suggest that gee, it would have been easier- if I had done it the other way, it seems to obviate the issue of "oh, it shouldn't have been done. It just should have been done their way." That's about all I have to say. Thank you, very much. Mayor Carollo: Quinn, where are you? There you are. Anything you want to say? Mr. A. Quinn Jones, III, Esq. (City Attorney): No, I am finished. I rest my case. Mayor Carollo: You did a good job. You're not going to hit me for a raise next meeting, are you? Mr. Quinn: No, I think that might be the other... Mayor Carollo: Commissioners, what is the will of this Commission? This is even tougher for me than some of the previous ones today. Now, I am not going to make a decision, I am going to get people mad one way or the other. But, they're my neighbors I'll be getting mad. Yeah. Commissioner Plummer: And I don't live that far away either. Mayor Carollo: No, you live far enough, J. L. Commissioner Plummer: OK, far enough. Mr. Mayor, I don't see where we, really, from a legal standpoint have any other thing to do but to approve. And I predicate that on, unless we want to argue with the City Attorney and the Public Works Director and others who said that all the four conditions that were required by the City have been met. Now, if they, you know, if we have to turn to the City Attorney and the Public Works Director whose responsibility that is, and they are going to say to us yes, or no and in this case they've said the answer is "yes" that they have been met. So predicated on that, I don't know how we can turn down since every obligation has been met. So, that's my thoughts on the matter. Vice Mayor Gort: What's the motion? Commissioner Plummer: My motion is... Mayor Carollo: Vice Mayor. Commissioner Plummer: ... that we're going to approve subject to the City Attorney's ruling and the Public Works Director that all obligations required, all four obligations required, have been met. Mr. Jones: To clarify the motion, the spirit and intent of your motion is correct. I think the proper motion would be that the City Commission finds that the legal requirements have been met in approving the plat consistent with Section 54... Mr. Jim Kay: Chapter 54. Mr. Jones: ... of the City of Miami. 207 October 24, 1996 1i Mr. Lee: Five. Mr. Kay: Five. Mr. Jones: Fifty-four point five of the City of Miami code. Commissioner Dunn: Second the motion. Mayor Carollo: There's a motion, there's a second. Any further discussion from the Commission? None? I have a question that I need to ask. I don't know if staff could answer that or not. From the best of my recollection and I'm one of those that needs to slow down going through Secoffee (phonetic) with the traffic, wsually I am running late. If you take Emathla and go around Secoffee and then enter Seminole, that whole block area, I believe, that all the blocks there are all 20,000 feet or greater. Am I correct in that or not? Mr. Kay: I believe the lots east of Emathla and south of Secoffee, they're all 20,000 with the exception of the Oak Shadow plat, in that area there. On the North side of Secoffee there, they are different. Mayor Carollo: Oh, yeah the north side towards 22nd Avenue, you have at least three, four, maybe more lots that are smaller than 10,000 even I think. Mr. Kay: The problem with the lots on the north side of Secoffee is that they only have 70 feet of frontage and this district also requires 100 feet of frontage. Mayor Carollo: Well, not all. Towards the middle of the street they get to be 100 and more but, then, it varies towards the end. You got some that are 70 plus, that you have. But, you know, it's to... for me it's a very difficult decision because I have some very mixed feelings on this. With the exception of the area that I mentioned that is Emathla, you go around through Secoffee and then you go back to Seminole, with the exception of those lots they're all basically 20,000 square feet. Then, it gets scattered. The other side of Secoffee you got a mix once you down Natoma which is my street, you also have a mix. One side of the street you have some that are partially 20, 000 or more, some 10,000 or less and some in between. Then right across the street, you have lots that are 50 times 135, Espaniola. You have some lots that about that 50 by 130, 135. So, you really have a mix in the area that it's a... Yeah, you have a boundary that you have 20,000 square feet lots but then right next door you've got some that are even smaller than that. It's not uniform in the whole area. The one thing though that, I mean, I realize even in my own lot, is that some of the streets there do not have sidewalks. Therefore, the City of Miami could come at any time and request 5 feet to build sidewalks. It's difficult for me, one side of me feels one way. The other, the other way. But what keeps sticking in my mind was the fact that, through Secoffee, through Seminole are 20,000 square foot lots. I don't like the idea for such a small amount of land for anyone and I would feel probably the way he would. If you, as an organization would jump in, I would probably feel the same way more so than he would. So, I could certainly understand how Mr. Kuryla feels. But that area there has always been 20,000 square feet: Emathla, Seminole and the front side of Secoffee. It's, from what he said here, I guess he bought the property in '93. So, it was bought I would imagine as a business decision, which he has a right to. And maybe there is somebody out there who would have wished they could have bought it, instead of him. But, nevertheless, I have to make a decision today, on how I am going to vote on it and I think that, unless anyone shows me differently, practically all of Emathla, Seminole and Secoffee are some 20,000 square feet. If anyone knows of any lots there that are smaller than that 1 wish, you know, be told. Mr. Lee, do you know of any lots... Mr. Wally E. Lee (Assistant City Manager): Sir, directly across the street on the other corner of Mr. Kuryla's property... 208 October 24, 1996 Mr. Jim Kay: To the west. Mr. Lee: ... to the west. Mayor Carollo: What street are we talking about? Mr. Lee: Emathla and Secoffee. Mayor Carollo: Secoffee? Mr. Lee: Yes, sir. The corner opposite the property in question. Mayor Carollo: Right next door to them, that's 10,000 square feet? Mr. Lee: Yes, sir. It's 10,000 square feet. Mayor. Carollo: OK, you're saying right across the street... OK, this new house there. OK, I see the one you're talking about now. How did they get to divide that? That's the same. If you combine both those properties together, would that be the same size as this lot or not? How did they get to do that? Mr. Tucker Gibbs: Mr. Mayor, I can tell you how they did it. Mayor Carollo: Yeah. Mr. Gibbs: Jim can tell you. Mayor Carollo: OK. You know what I am talking about, why don't you come see this here? Mr. Jim McMaster: It was done under a previous zoning ordinance where they allowed the right-of-way to be dedicated in creating substandard lots. But, they changed that because it wasn't the sort of thing that the residents of Miami wanted. Mayor Carollo: But, the whole thing is, if right across the street from it, I mean right next door, they have that. Can... Mr. Gibbs: It's done pursuant to a different zoning code, that's the point. Mr. McMaster: They're nonconforming lots. Mr. Gibbs: And now they are nonconforming lots. Mayor Carollo: My question will be now. Quinn, why don't you come back in here? I got a question for you. If across the street, you have a lot that was the same size as the one we're talking about originally, they divided that into, instead of being 20,000, two 10,000 lots. Yeah, two different houses. If he were going to court, instead of them. Say, that we vote against it now, can he go to court and try to force us to make and divide those lots because across the street, at whatever point in the future, we had to divide it. And we're talking about new homes that are there? Mr. Jones: My understanding, I think the lots in question that you're talking about were specifically applied for under the previous zoning ordinance and they were, I think therein lies a distinction. But, to answer your question, whether he be successful if he were to go to court and 209 October 24, 1996 r try to get that?, I really can't tell you "aye" or "nay." I don't think so. I think we could adequately defend on that basis. Mr. Kay: If I could make just one statement. The previous zoning ordinance 9500, the definition of net lot area was the amount of square footage contained within a lot, prior to dedications. The new zoning ordinance 11,000, the definition of lot net lot area is the amount of square footage after dedication. And, there was a dedication made on that lot across the street. But, I would like to make one observation here, and that is that the 20,000 square feet lots that you're talking about, no one could go in, say, midblock, buy a 120 square root lot and subdivide that into two lots. They couldn't do it even under the previous overlay district, before the SDA team was created because they would be required to have a private road, frontage on a private road. In this particular case, this could only happen at corner lots. In other words, they have access on both sides. That's the only way that this could have occurred was on corner lots. Mr. Tucker Gibbs: Mr. Mayor. Mayor Carollo: Go ahead, Tucker. Mr. Gibbs: Just add one thing in response to what Mr. Kay said. And that is, under 9,500 he is absolutely right. And the reason why the net lot area was changed and why the right-of-way was not included was because people in the homeowners' associations who reviewed that, who worked hard on the new ordinance 11000, fought to keep that out for reasons just like this. It was done for a reason, a valid public policy reason. Mayor Carollo: Any further discussion from the Commission? Commissioner Plummer made a motion. Commissioner Plummer: Yes, sir. Mayor Carollo: Who second it? Commissioner Dunn second it. Call the roll. Mr. Walter J. Foeman (City Clerk): Roll call. Mayor Carollo: It really don't matter how I vote, I guess. There's three votes for it. So I could vote for, I could vote against it. It's not going to make a difference. I have some very mixed feelings on this as I've stated but the one thing that is going to be the deciding factor, that is going to make me vote the way that I will, is the fact that the property was bought to subdivide. This is not the case of a home that someone was living there as their homestead that maybe they couldn't afford to pay taxes anymore, like has happened to many people in the City of Miami. Particularly, the property values in those neighborhoods have gone up sky high. So that's the deciding factor for me. The bulk of what we have around that area is 20,000 square feet both on Emathla, Secoffee, Seminole. I'm not happy with the way I'm voting on this but I think having heard everything that I have, having seen the map that I have to refresh what I see most of the day is going through the neighborhood, I had to vote "no" for it. It passes, you have the resolution in your favor. I'm sure that this will be called again and hopefully it won't be decided by having it brought before this Commission again. Mr. Gibbs: Thank you very much. Mayor Carollo: Thank you all very much for waiting. 210 October 24, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-793 A RESOLUTION WITH ATTACHMENTS, RESCINDING RESOLUTION NO. 94- 453, ADOPTED JUNE 30, 1994, IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF; THE HEEREIN RESOLUTION, THEREBY APPROVING THE PLAT ENTITLED "OAK' SHADOW", 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.) Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort NAYS: Mayor Joe Carollo ABSENT: Commissioner Tomas Regalado Mr. Carlos Smith (Assistant City Manger): Mr. Mayor, before we take up PZ 14 and 15... Mayor Carollo: Wait, wait, let me say this. We have a lot of people that have been waiting here. I need to know what items are people here for that we have left... 15, 16, 17, OK? What other items are people here for? Unidentified Speaker: Items nine and 10. ? - Mayor Carollo: Nine and 10? Any other items? Any other items so I can take them up? Mr. Smith: Mr. Mayor, we need to do number one. Mayor Carollo: Let me get the public first, and then we'll worry about what you all have. Anybody else in here for anything other than 15, 16, 17, 9 or 10? OK, how many are for nine and 10? How many are for 15, 16, 17? Well, you have a lot more for 15, 16, 17, I see. Let's try to take those three and then, we'll go to nine and 10. Sorry, I can't please everybody... 15, 16 and 17. t E a is 211 October 24, 1996 1 ------------------------------------------------------- 28. DENY REQUEST FOR SPECIAL EXCEPTION FOR FINANCIAL DRIVE THROUGH AT 2200 SOUTH DIXIE HIGHWAY -- APPLICANT: TRI-W INVESTMENT OF DADE BANK ATLANTIC, J. P. O'NEILL Mr. Carlos F. Smith (Assistant City Manager): Mr. Mayor, 14 and 15 are companion items. Mayor Carollo: Is it? Mr. Smith: It's 14 and 15 and then 16 and 17. Mayor Carollo: Yeah, 14 and 15 are companion items. OK, then 16 and 17 are different items. Commissioner Plummer: Yeah. Mayor Carollo: OK, so let's do 14 and 15 that are companion items. It's another one in my neighborhood, Lucia. Unidentified Speaker: Mr. Mayor, could you perhaps do a little bit of a vote whether or not 14, 15 and 16 are combined? Sixteen and 17, if you would inform the ,group here as to what the issue is, rather than a number I think you'd probably get a fairer vote. I think there was some confusion on our part. Mayor Carollo: Well, what you have on 14, is the special exception requiring Commission approval for the location at 2200 South Dixie Highway City. The applicants Tri-W Investment Company of Dade County, the owner and J. P. O'Neill for Bank Atlantic, the buyer. Unidentified Speaker: Could you ask for the number of people here for that issue? Mayor Carollo: Now, this is 14 and 15. How many hands do I see here? OK. You live in the neighborhood there? OK, can we move on then? Tim? Mr. Jim McMaster: Are you going to hear 16, 17, 18 tonight, or could we defer it until the next meeting at a time certain, six o'clock or when the neighbors could be here? Mayor Carollo: OK, 16, 17 and which other ones? Mr. McMaster: Eighteen. Mayor Carollo: And 18. Mr. McMaster: The last three. Mayor Carollo: How many people are here for those? Unidentified Speaker: Commissioner, we've deferred this item I think, five or six times. We've t been waiting for five or six hours, we would like to hear it tonight. Mayor Carollo: I'll stay here tonight and hear it. You know, I'll he here. f Mr. Jack Luft (Director, Department of Community Planning and Revitalization): OK. PZ 14? Commissioner Plummer: What item are we actually hearing? Mayor Carollo: Fourteen. Mr. Luft: The Planning Department is recommending approval of a special exception to allow a financial drive through facility in an office zone subject to four conditions. Those conditions are that there be a six foot wall finished on both sides along the south and west lines of the property. Access point along 22nd Avenue be located as far south as feasible. Minimize traffic conflicts with an additional right turn lane in off of 22nd. A traffic study be commissioned to establish I thresholds for northbound left turn lane cueing so that at such point as that cueing creates a conflict in the intersection, basically more than one signal phase cue, that we would have a right to shut down or close any egress on to 22nd Avenue at that point. Our traffic studies at this point show us that that is a safe and acceptable maneuver but we want to protect against future possible deterioration in traffic conditions. And, we're asking that the configuration of the vehicle driveway number four be revised to accommodate additional cueing spaces. With those conditions, we believe this is an acceptable project, provides a substantial amount of landscaping j and site enhancements that we wouldn't otherwise, likely get and we recommend approval Mayor Carollo: How many people would like to speak on this item? OK, we have at least four i or five. I'll let at least six people speak. I think we'll cover the most of you, if there are one or two left, please agree among yourselves. Two minutes a piece. Now, is there anyone representing the people that are opposed to this, out here, I am saying an attorney? Commissioner Plummer: Mr. Mayor, this matter was fully heard before and was only deferred for the purpose of the neighbors getting together. Mayor Carollo: I realize that Commissioner. Maybe, if there is one main neighbor that has kind of been heading or organizing the neighborhood, I'll give him more time to compensate for the time that Ms. Dougherty will have. Lucia, please make it short. Ms. Lucia Dougherty: I will. I swear to tell the whole truth and nothing but the truth, so help me God. I am here on behalf of Bank Atlantic. Lucia Dougherty, with offices at 1221 Brickell Avenue and the owner of the property, Mr. Merrill Wynne. Merrill Wynne is an owner that lives in Atlanta, Georgia. This property has never been developed. He pays twenty thousand dollars ($20,000) a year in property taxes. It is the site that has illegal things on it all the time, unbeknowned to us, never had any permission including political signs and stick furniture and all kinds of other people selling things, unsolicited and unapproved by my client. This is not a bank facility that we're asking for, which 81,000 square feet of bank facility could be built here. This is not a commercial office building, this is not a health clinic, not a multifamily building. All of which by right, could be put on this site, without any approval from you, without coming to you with a public hearing. This is a 485,000 - excuse me - a 485 foot facility, right here. All it is, is bank tellers. It is not even a bank that exists there, an ATM (Automatic Teller Machine) and tellers. The issue that is problematic to the residents is what happens on 22nd Avenue. This is what they would like to have closed. And, remember all of these facilities that I just mentioned, i a bank, a health clinic, there would be no issue here because we would have an automatic right to have access onto 22nd Avenue. It's only because we have to have this public hearing that this issue even comes up. My traffic planner is here, and he is going to testify this evening. It really doesn't make any sense to close this off. Because if anybody were to come out of Dixie Highway and want to come into the Grove to either turn South, they would come down this way and go out here or make this traffic signal, which probably they couldn't come here. So, they have to come all the way back down and make a U-turn, which isn't a safe thing to be doing in the middle of the intersection. The other thing that they are going to testify to is that all of the i.: 213 October 24, 1996 F. 1i permitted uses, as of right, generate much more traffic than this use does. And the last thing he's going to testify to is that the... our peak period, that is the bank facility peak period is in the evening. The peak period for this intersection is in the morning. So, they are compatible and not conflicting in terms of traffic. I'd like him to testify, that is, Kahart Pinder, and also a planner j that you've heard from before, Jerry Proctor. Mr. Walter J. Foeman (City Clerk): Do you solemnly swear or affirm that the statements you are about to make here today will be the truth and nothing but the truth, so help you God? Note for the Record: Mayor Carollo left the Commission meeting at 10:30 p.m. and returned at 10:49 p.m. Mr. Kahart Pinder: I do. For the record, Kahart Pinder with David Plummer and Associates, offices at 1750 Ponce de Leon in Coral Gables, Florida. A couple of things Lucia had indicated I'd like to go over. The first thing is regarding access to the property. We feel it's important that they have both access off of 22nd Avenue and Dixie Highway. If I could? If you look at this site plan in front of you, you can see there is an inbound and an outbound lane proposed on Dixie Highway, as well as an inbound and outbound on 22nd Avenue. The concern is, particularly on the outbound, if vehicles aren't allowed to come up and go North on 22nd Avenue and that exit is closed and the driveway is only allowed on U.S. 1, vehicles exiting on to U.S. 1 will not have an opportunity, those that are going south to get over, to either make a U-turn or even a left turn, you're going to force more traffic down on 22nd Avenue. Because there is not enough room from this driveway to the intersection to move over three lanes of traffic and get in the turn lane. So we feel that making that would force more traffic south than if they were allowed to come up and go north. We've looked at this intersection here, and as Ms. Dougherty indicated, the peak hour for the facility is in the evening. The volumes along 22nd Avenue are lower in the evening than they are in the morning. We did a count out there. It was December, '95, 1 am not sure what day, but it was a weekday and we round that the volumes on 22nd Avenue were higher in the morning than in the afternoon which is just the opposite. The other thing is, in the morning a lot of the traffic, we feel, will he people who just stop in and then continue downtown where they would come in here, do their business and then move further north. The final issue that I'd like to address is the issue of "other allowable land uses." As Lucia indicated a bank of 81,429 square feet could be built on this property. Now, even if that were a walk-in bank, in other words they were not providing drive-in facilities, the traffic from that size facility would generate almost four items as much traffic in the morning and in the afternoon about three and a half times. So, there is quite a bit of difference during the morning and afternoon peak hours as how much traffic would be generated. A medical office in the morning, again about four times as much and in the afternoon 330 trips versus 90 trips for this facility, a considerable difference. It's also possible to put a restaurant on this site, something in the neighborhood of 6,000 square feet. That also would have a higher trip generation than the banking facilities. With that, I'll be glad to answer any questions, and I'll turn it over to Jerry Proctor at this time. Thank you. Mr. Jerry Proctor: Good evening, again. Jerry Proctor, 701 Brickeli Avenue, City of Miami. I'll speak once again on the special exceptions standards. That is again what we're looking at in this application. The standards in your code talk about protecting adjoining properties from potential adverse impacts. And in controlling those adverse impacts consideration should be made to special remedial measures. A couple of points, and I'll be very brief. One of the items that was of concern to the staff was the provision of a buffer to the area to the south and to the west. There has been a condition of a six foot block wall which has been imposed which is agreeable to the applicant. I think that is the kind of remedial measure that the code is talking about. Your staff has also indicated, not only the existing landscaping but the provision of enhanced landscaping on the site which again serves to remediate any adverse impacts. The only other major issue I can think of on the special exception standards is the one of traffic which Mr. Pinder has addressed. So, with that I will close. Unless you have any questions, I will enter my resume into the record and thank you for your attention. 214 October 24, 1996 Ms Lucia Dougherty: Mr. Vice Mayor, we don't have anything further. Vice Mayor Gort: Thank you, those in opposition. Ms. Charlotte Duvall: My name is Charlotte Duvall. I live at 1900 Secoffee Street. We have a number of neighbors here at six o'clock when we were supposed to hear this, but they have all gone home. So I'll just like to speak against it because recently you may have noticed in The Miami Herald, there was an article stating that the local Traffic board was seeking; new ways to calm the busy traffic at dangerous intersections. We, who use 22nd Avenue and the Dixie Highway intersection, consider this one of Miami's troubled areas due to the lane merging as you cross the Dixie Highway and the cars travelling very fast in that traffic lane. A calming device is certainly needed here. Instead, we are faced with the prospect of additional cars entering 22nd Avenue. Even the City Traffic Department acknowledges the problem of providing more cars in that area. And they have given you the provision that if it's too much they will close the area. Well, I'd like to say I asked them what would provide the problem that would cause them to close that exit? And, they said if there is a line of a cars and after the light changes four cars remain in line, that would be a criteria for closing that lane. Well, I'd like to say that right now that condition exists. You can't get across in a busy time in one light change or two sometimes. I assure you that when I come out of Secoffee Street, I sometimes have to wait two light changes and I also need the assistance of a courteous driver to allow me to come out into the 22nd Avenue. With this crowded condition we miallt sav that we already have a tropical storm of traffic problems in this neighborhood and the possibility of it accelerating to hurricane proportions. The eye of this hurricane is the Bank Atlantic. They do not need an exit or an entrance on 22nd Avenue. What they need to achieve there and want to achieve is the advertising impact of a big, black building on that corner. You, Commissioners, have the power to stop this hurricane of traffic problems and car accidents and possibly even a death at that corner. Use your calming influence just to say "no," and do not allow this bank or anything on that corner to have exit or entrance on 22nd Avenue. Vice Mayor Gort: Thank you, Next. Anyone else? Commissioner Plummer: Where is that black building? Mr. Lawrence Terry: Good evening. Lawrence Terry, 1896 Tigertail. Although I am not a direct neighbor of this, I have been coming to all the meetings on this particular issue and have heard, I think all the stories. I am a little confused about the conditions if in fact there still are any conditions on this potential approval. But, what I'd like to say is this is yet another example of a special exception or a change in zoning and we see this time and again. We've seen it tonight. I don't think you should consider whether or not something else will come in here that will be worse for the neighborhood. A drive-in bank which most of us know the drive-in banks only occur in the morning and in the afternoon when people remember that they need money or they forgot to get it. The reason that there is not going to be a real bank at this property is that it wouldn't work. So, as Charlotte said, this is for advertising. This isn't because it's going to be a great place for a drive-in bank. This is going to create incredible traffic. The offices that are along; Dixie Highway there between 17th and 22nd are much better neighbors than an absentee drive-in bank. I urge you to vote against this. Vice Mayor Gort: Thank you, sir. Next. Anyone else? Ms. Kate Vannwinkle Terry: Yes, my name is Kate Vannwinkle Terry. I live at 1896 Tigertail, which is around the corner from 22nd. I urge you all to vote against this. I think it's very, very important for you to understand that this intersection is the intersection that we, the residents of Coconut Grove, use to safely enter Coconut Grove from Dixie Highway going south. At the 215 October 24, 1996 'A e intersection of 17th, southwest.l7th Avenue and Dixie Highway, you are aware there was one of the most tragic car accidents that has ever occurred in the City of Miami. At the death of those children and the Francisco Del Rey case. This is not to be looked at lightly. This is a bank coming in, inappropriately in a neighborhood. It is a security issue and it is a traffic safety issue. I will not stand for it, and to have this be heard at ten forty-five at night without bathroom and food breaks, you all are... I mean we are barely with it, I don't know how you can deal with it. If you are, I ask you to, please vote against this. The traffic study is a... He has never been there, I can assure you. It is the only way that you could have this be safe, is without this bank and those ingresses and egresses. And, you cannot possibly also vote on this until you have been there at five o'clock and six o'clock in the afternoon when the traffic is backed up all the way down Tigertail and all the way down Dixie. So just, please I ask you to look at that. Thank you. Vice Mayor Gort: Next. Ms. Norma Post: I am Norma Post. I live 2061 Tigertail Avenue. I am astonished that the premise that the bank came up with suddenly so that we alleviate the traffic that these... Suddenly, the bank has come up with a premise to accommodate the traffic that suddenly people from the bank... just because there is more traffic during the daytime they are going to use it only at night. I don't know if you go to the bank during the day time but I find it pretty busy in drive-in banks and anywhere almost any time of the day. But, in a sense they've made my argument for me in making the premise. On the other hand, because that's exactly one of the problems we have with this being a bank, if it was an office building as we have on the other side of 22nd Avenue and U.S. 1, the hours are nine to five and we wouldn't have the attraction to muggers, the attraction to thieves of all kinds coming at all hours of the night to a residential area that we will have with this bank. Now, I want to point out something else to you, from pointing out the traffic if I can, over there. I don't have a mike. But, if I can show you... the traffic they're talking about, and the other thing is, also, they so well explained what the problem they have with egress and entrance is because that's not the type of facility that should be there. That's why they have the problem with ingress and egress. All right, sure we have... I am sorry. This I assume is 22nd Avenue. On this side, on the east, north, the southeast side of U.S. 1 you have one story office buildings. And they don't have any problem, they use U.S. 1 for ingress and egress and they have been now, I think it's for about three years. They have never had to make any exceptions to that property because it's an office building. You have on the other side of U.S. 1, they have made three lanes because the City has envisioned that the traffic on 22nd Avenue coming south is going to be such, that they need three lanes. You have two lanes that are coming here and suddenly they become one. Now, where is all this traffic going, that they have two lanes where it suddenly becomes one? Then, they don't show you that Secoffee Street is right here, just immediately before this property even comes to an end you have Secoffee Street. So, people are coming from this side and they want to make a left turn to Secoffee. So, all the traffic stops when they make a left turn on to Secoffee. So we have... and if you... I travel this route, I am in business and I travel this route very frequently, and the light only allows about six cars to cross and I'll tell you that most of the day that I have been there, morning, afternoon, there are six cars. But, the principle reason is, this is not a location for such a busy place as a bank, not to speak of the pollution that the problem... The traffic problem that we have now but to increase that traffic problem, let it be used as it has been zoned to be used and let's not always succumb to the greed of these owners. And I want to... There is one last thing is, that Mrs. Dougherty at one of these meetings brought up the fact that none of neighbors protested. There are three of the immediate neighbors, right here. Right here next to this property. Three times the City has sent them notices asking whether they object to it and three times they have sent cards back to the City to say that they object to it, strenuously. So, I hope that the City can find those. They are the Fletchers, the Gallegos and Monacos, is the name of those people. Because they agree with us, the residents of the community. And, I hope that at some time the City will consider the communities over the developers, you know the greedy people that come into an area just to make money. Thank you. Where do I put this? 216 October 24, 1996 Li Mr. Andy Parrish: Hello, my name is Andy Parrish. I live at 1774 Opechee Drive which is between 17th Avenue and 22nd Avenue. The reason I am here, I got ashamed when Mrs. Duvall said "there were a bunch of neighbors here and they all went home because it's getting late." I know I am not going to get any sympathy from you, but if Mrs. Duvall can be here, I can be here. The message really from our area, from our neighborhood and from a lot of them is, loud and clear. There is more and more of a focus that has to be on the neighborhoods themselves and what they want. I know you're in charge of the whole City, you got to look at the whole City as your bailiwick. But, if you're not hearing loud and clear that each community wants more and more say so about its own quality of life, you're not listening. And this area is besieged with traffic that comes in from the south and goes out from the north everyday. Tigertail where Monk Terry lives is a disaster as certainly two of the Commissioners know. We used to have 17th Avenue to be able to get on to U.S. 1. Now you can't. I come out of Opechee Drive, I have to turn right and go past Tigertail sometimes, and then circle back to get in line to go out to 17th Avenue. The only place I can get in and out, and you know this very well Mr. Mayor, is 22nd Avenue. Anything that is going to increase 22nd Avenue, you can't go out 27th, J. L., you know that. You can't go out 17th. Twenty-second is the last one we've got left. And if you take that away from the community, you're destroying the quality of life and that's why Coconut Grove is so up in arms about so many of the things that happen here. Thank you very much. Mayor Carollo: Do you need a couple of minutes for rebuttal? Ms. Lucia Dougherty: One. Mayor Carollo: One minute? OK. The other side could have one minute also. Ms. Dougherty: One of the conditions that the Planning Department early on had asked that we agree with, we couldn't at the time and I said at the last City Commission hearing that we would agree. And that is that a traffic condition be studied by the... be commissioned by the applicant and submitted to the Planning Department for approval which delineates thresholds which would result in a potentially hazardous condition. Because a hazardous condition does not exist at this time and if it does become so in the future we would agree to close on 22nd Avenue. That is a condition we now agree with. We didn't at the Zoning Board hearing but we would agree with at this time. Mayor Carollo: You would agree to what now? Ms. Dougherty: We would agree to that condition. That if it ever became hazardous by thresholds that are established by the Planning Department that we would close 22nd Avenue. Mayor Carollo: Well, Lucia, I am sorry but I think just the fact that we're going to have that open there is going to be a hazard. That's too wide. I'll tell you my opinion and I respect the way my colleagues will go on this. If we open up 22nd Avenue for traffic to go there, not only are we going to increase more traffic on 22nd Avenue which is truly the only avenue that you can get out of the Grove fairly easy. Seventeenth is very difficult. But you're going to end up having numerous traffic accidents on 22nd Avenue. I mean, I am convinced of it. I take 22nd Avenue quite often. There is no way that you're not going to make it pass the year, maybe pass the first month without traffic accidents there. Ms. Dougherty: I understand what you're saying. But, you were not here when the traffic planner testified and I just want to point out one thing. Mayor Carollo: I was listening. I was out there listening. 217 October 24, 1996 1i c r"� f Ms. Dougherty: But, I just want to show you that what lie was saying is that folks are coming out here. This is a better and less hazardous condition than somebody coming out of this end. If you only had entrance and exit on Dixie Highway, they come out here, try to cross over three lanes of traffic to turn this intersection that is the worse and more hazardous condition than to have this sort of intersection on the light. Furthermore, if you want to prevent traffic coming into Coconut Grove, you are not going; to do so by closing this because these folks are going to come down here, go into Coconut Grove in order to go south. - Mayor Carollo: You see, the other uses that property has is for what Lucia, for the record? Ms. Dougherty: The other uses that are permitted as of right? Mayor Carollo: Yeah. Ms. Dougherty: Any kind of office. E Mayor Carollo: Any kind of office. Ms. Dougherty: A medical clinic. Mayor Carollo: A medical clinic. Ms. Dougherty: A restaurant. Unidentified Speaker: No restaurant. Ms. Dougherty: No restaurant. Mayor Carollo: No restaurants. Ms. Dougherty: A medical clinic. Mr. Luft: Apartment buildings. Mayor Carollo: A what? Ms. Dougherty: Apartment buildings. j Mayor Carollo: Apartment buildings. Well, whether you have... Ms. Dougherty: All of which have more traffic according to our... Mayor Carollo: Whether you have office buildings, whether you apartment buildings. No matter what your expert says, there is no way that you are going to convince me that they are going to have more traffic than a bank. i Ms. Dougherty: This is not a bank. Mayor Carollo: Well, it's a teller, it's the same thing. Actually, you have more traffic, then, than a regular bank because people are going to be going in and out, in and out. Because it's a lot more convenient to go through there through the drive thru with a car. You know, the buildings next door, we have office buildings there. They don't provide anywhere near the traffic. Why? Because only in the mornings when the traffic comes, then only basically in the t 218 October 24, 1996 i afternoon when people leave. And you have very little in and out during the week, during the rest of the day, rather. But, here I could see major problems that we are going to be having. That's one vote. You know, if you feel you can get the other three, that's fine. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Commissioner, go ahead. Commissioner Dunn: We're going to hear from the... Mayor Carollo: Sure. Commissioner Dunn: Are we prepared to vote, I am ready to vote. Mayor Carollo: Well. Vice Mayor Gort: Are we closing the public hearings? Mr. Mayor let me tell you. I think... Mayor Carollo: If anyone from the public that would like to have a minute, I said that I would give the other side a minute. If there is someone on the other side that wants to make any additional statements, you have one final minute. If not, then the public hearing is closed. Vice Mayor Gort: Mr. Mayor, I think at 22nd Avenue, when you're coming south and you cross Dixie Highway, you go into two lanes into one, I think it is very hazardous and I will not be in favor of opening 22nd Avenue. Commissioner Dunn: Mr. Mayor. Mayor Carollo: Commissioner. Commissioner Dunn: I am prepared to make a motion. Mayor Carollo: Make n motion, Commissioner. Commissioner Dunn: I move that item PZ 14 be denied. Mayor Carollo: OK, there is a motion that PZ 14 be denied. Is there a second? Commissioner Plummer: Second. Yeah, I'll second it. Let me tell you why. We're not obviously denying them the use of that property. The reason I say that is if they were willing to build and subject themselves to a later time of the closing of 22nd Avenue, they would not vacate, I don't think. They would find another way to bring people in and out from Dixie Highway. So, if they are not being denied the use of that property, they can still build, I would assume they just open up the, increase the size of the opening which is shown on Dixie Highway and take it from there. That'll be their decision to make. Mayor Carollo: OK. There is a motion, there is a second to deny it. Any further discussions? Can you call the roll Mr. Clerk. 219 October 24, 1996 ! 1 The following motion was introduced by Commissioner Dunn, who moved its adoption: MOTION NO. 96-794 A MOTION TO DENY REQUEST FOR SPECIAL EXCEPTION TO ALLOW A FINANCIAL DRIVE THROUGH FACILITY AT 2200 SOUTH DIXIE HIGHWAY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo None. Commissioner Tomas Regalado ------------------------------- 29. DENY REQUEST FOR SPECIAL EXCEPTION -- FOR FINANCIAL DRIVE THROUGH WITH REDUCTION OF RESERVOIR SPACES AT 2200 SOUTH DIXIE HIGHWAY -- APPLICANT: TRI-W INVESTMENT OF DADE; BANK ATLANTIC. ----------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Same thing on 15. Commissioner Dunn: So move. Mayor Carollo: Moved by Commissioner Dunn, second by Commissioner Plummer. Commissioner Plummer: Yeah. Mayor Carollo: Call the roll, please. t The following motion was introduced by Commissioner Dunn, who moved its adoption: MOTION NO. 96-795 A MOTION TO DENY REQUEST FOR SPECIAL EXCEPTION TO ALLOW A DRIVE THROUGH FOR A FINANCIAL INSTITUTION WITH A REDUCTION OF REQUIRED RESERVOIR SPACES AT 2200 SOUTH DIXIE HIGHWAY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 30. (A)FIRST READING ORDINANCE: AMEND LAND USE MAP OF COMPREHENSIVE NEIGHBORHOOD PLAN -- CHANGE LAND USE DESIGNATION OF PROPERTY AT 301 TO 583 AND 300 TO 598 NORTHWEST 54 STREET FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL -- FURTHER, DIRECT ADMINISTRATION TO MEET WITH ERNEST WONG. (B)COMMENTS FROM ERNEST WONG REGARDING FORMER COMMISSIONER MILLER DAWKINS.TO EXPLAIN AMENDMENT. Commissioner Plummer: Are we going home? Mayor Carollo: OK. No, we are not. We've got some others to do. I think nine. t Ms. Dougherty: Thank you very much. Mayor Carollo: Thank you. I think nine and ten... f Mr. Carlos F. Smith (Assistant City Manager (Neighborhood Enhancement Teams/NET): Nine and ten. Mayor Carollo: ... were the ones that was or... Commissioner Dunn: And ten. ; Mr. Smith: Nine and ten? Mayor Carollo: Yes. Sixteen and seventeen have to do with the... Mr. Smith: Coconut Grove parking. E` Commissioner Dunn: Thirteen. Mayor Carollo: ... Coconut Grove parking. Nine and ten I think will be a lot quicker. Commissioner Dunn: And 13, is very simple too. r i L i 4 221 October 24, 1996 Y. rA i. Commissioner Plummer: Are there any objectors on nine and ten? You are an objector? OK. Ms. Lourdes Y. Slazyk (Deputy Director, Community Planning and Revitalization (CPR) 1 d d d e to in order Department): All right PZ nine and ten are companion an use an zoning amen in to change the classification from restrictive commercial C1 to liberal commercial C2. These lots were zoned C2, liberal commercial prior to right around 1989 when the City amended its zoning. It was part of the comprehensive plan when we updated the zoning and land use amendments Citywide. This amendment was done in an effort to facilitate the conversion of the area to neighborhood retail. What has actually happened is that the 1989 amendments were stifling the business in the area because the structures that were there in place, were designed and were actually functioning as C2 uses. They were warehouse and quasi industrial uses. The conversion is difficult to C1 type uses, whicl: is the zoning we changed it to because it requires higher parking and it is something that was expensive for local merchants to come in and convert because they would have to tear down portions of building or come in for variances for parking. This change was brought about due to concerns expressed to the department from leaders and citizen leaders and property owners in the area who found it difficult to find adaptive uses for their property. We conducted a study. We went out; we looked at the buildings and we concurred with them. These buildings are warehouse and wholesale type uses and they are more appropriate to remain C2. This amendment is to revert those properties back to the zoning they were in 1989. The effort of the department was to do something that just didn't happen and it caused a hardship or, the property owners. n Mayor Carollo: OK. Do we need to swear them in? Mr. Walter J. Foeman (City Clerk): Yes. Mayor Carollo: OK. Mr. Foeman: Do you solemnly swear or affirm that the statements you are about to make here tonight, will be the truth and nothing but the truth, so help you God? Unidentified Speaker: I do. Mayor Carollo: All right, anytime you like give your name and address for the record. Mr. Kyle Akins: My name is Kyle Akins. My address is 900 Northwest 58th Terrace. I am a property owner at 355 Northwest 54th Street, one of the affected properties. It's, I'll try to make it short. I urge that you follow the recommendation of the Planning Board, the Community Board which have taken a good look at the situation that has come about over the past five, six years. You've got an area of land which has been commercial, living general commercial usage forever. When I purchased the property 13 years ago, it was C5. I understand that C5 is often times a difficult thing to have in conjunction with being somewhat close to a residential area. At some point along the way, the City came along and changed it to C2 which was at least workable and durable. When the comprehensive rezoning came along and changed it to Cl, it is really turning the area into barren land. Many of the businesses have moved away from the City and taken the revenue flow out in the way from turning it back into the neighborhood and back into the City. Jobs as well leave when businesses leave. It's worked a real hardship on me personally and on most of the businesses that have been there. We have a very difficult time staying in compliance such as the City planner said that this particular stretch of land and those particular buildings are structured for C2 type uses. To try and make a retail store out of a building of such a magnitude, of such the nature as they were built and designed for, is next to impossible without tearing them down and taking five or six blocks and stripping them in making a shopping center or store fronts out of them. I urge that you vote in favor of what the City Planning Board has recommended. Thank you. 222 October 24, 1996 r� Mayor Carollo: Go ahead ma'am. Mrs. Lincoln: He is speaking for all of us, this is my son. So lie is speaking for the entire group. Commissioner Plummer: You're the best speaker of the day. Mr. Nes Robinson: My name is Nes Robinson. I own an apartment building on 5425 Northwest 12th Avenue. I am here tonight to request that you keep it restricted commercial because the people that live in apartment buildings on that street and private homes have no place to park. There is a garage and a body and paint shop in one of the buildings across the street there is another garage. And the garage across the street facing 4th Avenue have an eight foot block fence, they built around there. They've got barbed across the top, they've got a big dog in there barking all night. And in the garage across the street where the cars are in and out, there is no place for just to park. And I ask you to keep it restricted commercial instead of just commercial. Thank you. Vice Mayor Gort: Do you need to be sworn in? Commissioner Plummer: He's supposed to be. Mayor Carollo: Mr. Clerk, that's your calling. Mr. Foeman: Would you raise your right hand please? Do you solemnly swear or affirm that the statements you are about to make here tonight will be the truth and nothing but the truth, so help you God? Mr. Ernest Wong: I do. My name is Ernest Wong. I am an owner at 535 Northwest 54th Street. And the reason that I am "against this" is because it's not going far enough. I have invested one hundred thousand dollars ($100,000) on a piece of property back in '89 and the last time I was here the only Commissioner that was present was Plummer, and I was soundly defeated. This ordinance was changed because of the insistence of Miller Dawkins, they changed the zoning. It used to be a C5 zoning not a C2 like the Zoning board is saying. By going to C2, is not even addressing the problems that we as business owners have in this area. I have been here since four o'clock and I know how tired you are because I am tired. But, you have spent a lot of time on individual developers. I'll like to point out something to you. You're going from C1 to C2. I don't see any developers rushing to buy property here. Interesting isn't it? No property has been sold to the best of my knowledge. I wish Commissioner Regalado was here. He was so right when he said that we keep giving jobs away to Metro. They go up there and they ask for land toward the Everglades while we let our inner cities die. We have prime real estate, this is proof of it. And the Zoning Department because of politics changes the zoning. I am here for the record because I was here when the Mayor chastised the Zoning Board for making this change. But the outrage... Mayor Carollo: Which mayor was that? Mr. Wong: Mayor Xavier Suarez. 223 October 24, 1996 N Mayor Carollo: OK. Mr. Wong: But, the outcry was such and the politics was such that we couldn't prevail. I contend to you because I was approached by an assistant to a Commissioner that that was a money for zoning change. As far as eight weeks alto, a lady that I am prepared to name to you, went to Commissioner Dawkins and told him about the hardship and our problems in the area. Business owners, Anglos, Cubans, Haitians, Blacks that this zoning was killing us. And his answer to her was "for ten thousand dollars ($10,000), I'll make a change." I am telling you Commissioners, you have prime real estate property. You have the port right there. I invested in this area back there because I felt with I-95 only two blocks away, and the infrastructure that we have, the Metro. The fact that we can have downpours and don't have one inch of water on the streets, mean a lot. And politicians are continuously hurting us. And Kyle has done an unremarkable job. And I am speaking against this ordinance. Mr. Akins: You're speaking for us Wong. Ms. Lincoln: For us. Mr. Wong: Because it doesn't reach enough. It leaves a lot of our businesses unprotected, uncovered. And when the Zoning Department went down there and changed this without consulting us, and now they come and tell us four years later that they made a mistake, they have hurt us tremendously. I don't want to take any more of your time. Thank you. Mr. Akins: I'd just like to clear one thing. He's speaking for us. Wong. Mr. Wong: By the way, I spoke from the heart. Commissioner Plummer: Well, let me ask a question because sir, don't run away. Are you saying that you're opposed to that what is presented because it is not liberal enough? Mr. Wong: It doesn't reach enough, the need that we have in the area. There are over... If you look at all the properties there many more businesses that will be illegal in this area because of the zoning. Commissioner Plummer: But are you saying that you that you feel that it should be more liberal than what it is? Mr. Wong: It definitely. It should be... I'll tell you why it should be more liberal... Commissioner Plummer: Yeah, because that's the... you know, the next classification is industrial. Mr. Wong: No. What we have today, if we were Coconut Grove, Coral Gables we... you would have a lawsuit on your hands that you couldn't afford it. Because what happened then was a travesty of justice. To take those buildings and just look at the facts of what happened then, and what it is today like Kyle said. Businesses have walked away, abandoned their properties. Our business have decreased by at least 50 percent. They never consulted with us. Zoning never consulted, never went and talked to us. I don't think that it was properly notified. I learned on the third reading and he keeps trying to talk to me now. I wonder why. Yes, sir. Commissioner Plummer: Well, I am assuming... Mr. Akins: We're trying to change the zoning... 224 October 24, 1996 Mr. Wong: But what I am saying is, you are going far enough. Come to us. Come to a business district and I'll tell you this is not enough. We're still hurting. We still... We still doesn't reach US. Mayor Carollo: Why don't we defer this item and you all meet with him, discuss it with him and bring it back in the next meeting. Mr. Jack Luft (Director, Community Planning and Revitalization (CPR) Department): Yes. This is the most liberal zoning that we have in a commercial zone. The next step would be an industrial zone. Mayor Carollo: That's correct. Mr. Luft: Yeah. Commissioner Plummer: If I am not mistaken... Mayor Carollo: There were some other statements that were made here that concerned me greatly. Commissioner Plummer: Huh. Mayor Carollo: And it's you know, hear say on people. Whether it's true or not, it's not up to us to decide that but I would only suggest that if anybody has any allegations to be made about any former persons that were sitting here or are sitting here now or about anyone in City government, this is not the place to bring them to. They should bring them to the appropriate federal or state law enforcement agencies. Commissioner Plummer: Mr. Mayor, I think where this thing has got to come to an understanding, I think Jack, if I am not wrong, he is referring to when the 11,000 came into existence, OK. Mr. Luft: Yes. Ms. Lincoln: Uh-huh. Commissioner Plummer: And sir, 11,000 ordinance was a total, completely revamping of our entire zoning application, format and everything. And, I can tell you because I was here, that there was an awful lot of public hearings. There was an awful lot of absolute newspaper notices. We spent a tremendous amount of money advertising in the paper. We had it on Cable 9. And yes, sometimes sir, you're right, we would sit here in these public hearings and wonder why there wasn't people here concerned. Mr. Akins: Commissioner. Commissioner Plummer: The people in your particular area, and I remember well. The reason you got down zoned was because the people on the north side of you and on the south side of you were complaining bitterly about their residential area was being invaded... Mr. Kyle Akins: And since then... Commissioner Plummer: OK. I am not trying to argue. I just trying to say, I remember well why it was down graded. OK? 225 October 24, 1996 �i Mr. Akins: Since then as you can sec, by their show tonight, they have realized that even... We all make mistakes. Residents as well as business people as well as the Zoning Board and Commissioners. And we don't necessarily... Commissioner Plummer: We never admit it. Mr. Akins: We don't necessarily have to live the rest of our lives based on that one mistake... Commissioner Plummer: Well. Mr. Akins: ... that we make or because we made a bad decision in life. Sometimes we open our eyes and realize that maybe this wasn't as good a thing for us as we might have thought that it was going to be. When you see that you have to start leaving your community and your area to go to have goods and services that were there and were provided for you. Where you were at one point may have been able to walk down the street or drive that broken down car and be able to make it to the corner and now you've got to get it towed to Hialeah or to North Miami or somewhere outside the neighborhood. You begin to realize that maybe, or you can't go to the store that may have been there, maybe you haven't made quite a wise decision. I understand Mr. Wong's upsetness because we have all been, and we've all had this rage at one point in time. And he's still expressing, he still feels how much it hurts. You know, you're hearing a man who is saying, you know, you're taking my livelihood away from me, you know in essence. And I think that anyone of us would feel that way when your livelihood is threatened. Commissioner Plummer: Well, let me. Mr. Akins: And that's what you hear from him. Commissioner Plummer: Let me go on the record. Mr. Akins: Yes, sir. Commissioner Plummer: Very quickly, OK. If the Mayor wants to defer, I have no problem. I have always been acquiescing to anybody wanting anybody who wants more information. Mr. Akins: I... Commissioner Plummer: I will not vote for industrial. Mr. Akins: I understand that and I... Commissioner Plummer: OK. I just. I want to be honest with you. You can defer it, C2... Mr. Akins: I don't think. I have spoken with Planning and Zoning and in speaking with them I don't think that it's something that's ever going to come to be there. And I, from my understanding, which is why it has been presented to you as C2, which is what is being asked for. Nothing more. Like I said, what you hear from Mr. Wong is his anger as to what has happened there in... Vice Mayor Gort: So, you're saying you are in agreement with the Planning Department recommendation? Mr. Akins: Yes, yes. Absolutely. 226 October 24, 1996 Mr. Jack Luft: This is first reading, could I suggest, Mr. Mayor, that we move on this on first reading and we'll meet and talk this further and come back to you and explain the options? But, I think we have a majority of the owners on the street and the department in agreement. Commissioner Plummer: I'll move item 9 for approval. Commissioner Dunn: Second. Mayor Carollo: There is a motion, there is a second. Would you like to make another statement? Go ahead. Mr. Wong: Could I make a comment. My comment is this Commissioner Plummer. I was here four years ago. Believe me, the neighbors were orchestrated. Commissioner Miriam Alonso met with the business people, came out there, told us it was an outrage what the Zoning Board has done, without consultation of the hardship of the buildings and so on... Everything which was told today was told four years alto. Let me assure you that for one thing, there are some businesses that I don't see how they are going to be covered. For one thing, I am light manufacturing. When I put my building up there it was under the C5, so I don't know where I am going to stand. I don't. I have been in limbo since then, you know. So maybe a special provisions can be made. Like someone said not to long; alto. "Compromises, people of good faith can work together. When there is good faith everything, you move mountains, when there is ill faith, I mean you just can't do anything but reason. You can't reason with people when there is bad faith. They all prejudge you, they all know. They know what they are going to do." And this is what happened four years ago. It was prejudged. There was a movement to destroy that area. And they have pretty much achieved this. Mayor Carollo: It's not the case now, I assure you. Mr. Wong: I. Mayor, I. Let me say this to you. I come here, like I said, four years ago. And I commend you for listening to the people. Because to be here all the time and to put up with some of the nuisance you know. People like me that get angry, you know, when you had nothing to do with it. I appreciate it. I really appreciate it. 1, what can I tell you. But it has hurt a lot of people but, unfortunately they are not here. It's sad. But, if they take the time to talk to the number of people, and we're talking about 20 owners, you know. You take the time for one individual, one developer. That's what hurts, you know. Commissioner Dunn: Sir. Mr. Wong: And here we have a zoning change that it will improve because of my stubbornness and so forth and so on. It would have been swept away in less than ten minutes. Mr. Carlos F. Smith (Assistant City ManagerfINET): Mr. Mayor. Mr. Wong: That's my point. And Commissioner Dunn, this is your district. We need your help. Commissioner Dunn: That's what I am getting. I am getting ready to say to you sir, I am very, very familiar with the area, believe me. Very familiar. Mr. Smith: Mr. Mayor, I have. What the staff has said that the type of business that he was talking about is permitted by a special exception in a C2. Mayor Carollo: Well, can you all sit with him please and... Mr. Smith: We will do that. 0 October 24, 1996 A a Mayor Carollo: ... make sure that we do what is right that should have been done some time ago? Mr. Smith: We will do that. Mayor Carollo: Thank you. All right, can you read the ordinance please? Call the roll. Mr. Walter J. Foeman (City Clerk): Roll call. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF THE PROPERTIES LOCATED AT APPROXIMATELY 305-583 , AND 300-598 NORTHWEST 54TH STREET, FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. wast introduced �d uced by Commissioner Plummer, seconded by Commissioner Dunn, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado i The City Attorney read the ordinance into the public record and announced that copies ' were available to the members of the City Commission and to the public. ----------------------------------------- - --------------------------------------------- 31. FIRST READING ORDINANCE: AMEND ORDINANCE 11000, FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL -- CHANGE ZONING ATLAS -- LOCATION: 301 TO 583 AND 300 TO 598 N.W. 54 STREET -- APPLICANT: COMMUNITY PLANNING AND REVITALIZATION. ---------------------------------------------------------------------------------------------------------------- I r Commissioner Plummer: I move ten, t Vice Mayor Gort: Second. Mayor Carollo: Read the ordinance. Call the roll, please. f k f 6< i 7 s 228 October 24, 1996 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS BY CHANGING THE ZONING CLASSIFICATION, FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 301-583 AND 300-598 NORTHWEST 54TH STREET, MIAMI, FLORIDA; AND BY MAKING ALL NECESSARY CHANGES ON PAGES 13 AND 16 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Richard P. Dunn, II Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ? ABSENT: Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. I NOTE FOR THE RECORD: Although absent during roil call, Commissioner ummer requested the Clerk to show him in agreement with the motion. 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. ---------------------------------------------------------------------------------------------------------------- 32. AT THIS POINT OF THE MEETING, ITEMS PZ 16, PZ 17, PZ 18 (PARKING REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT) WERE CONTINUED TO 10/30/96, SPECIAL MEETING, AT 2:00 P.M. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: The parking ordinance for the Grove. Let... I know that has been pulled up quite a few times. However... s Mr. Jack L. Luft (Director, CPR Dept.): Could I suggest we adopt this... Mayor Carollo: ... midnight is not right, is not fair to anyone for us to take up the issue at midnight. We're tired, none of us are concentrating anymore. It's not the way to run government in something as important as that. What I would be willing to do is to include this ' as part of the special commission meeting that we are going to hold on Wednesday. Unidentifed Speaker: Can we ask for a time certain. I mean, we've been differed six times. We've been here for hours. I S; t, e 229 October 24, 1996: r> Mayor Carollo: It's very difficult to give you a time certain unless we maybe go into the afternoon, say 1:00 p.m. or 2:00 p.m. will be a time certain. We're going to be dealing with some key issues that I don't know how long it will take. Unidentified Speaker: Mr. Mayor, we had perhaps 30 people here at six o'clock based on a time certain. We are now down to, I don't know how many. Mayor Carollo: Well, I'm sorry but this is not something that we're going to be doing in five minutes. It's just not right to do this at midnight. I apologize, I truly do. But... Mr. Tucker Gibbs: Can I make a suggestion? It's a first reading item, you can pass it on first reading and... Unidentified Speaker: No. Mr. Gibbs: OK. Never mind. Unidentified Speaker: Mr. Mayor, we have a memorandum from our community and from a committee within our community that we would like to distribute. We have two new Commissioners who have not heard our concerns. Could we distribute that, and if you would like us to... I mean I could read it into the record or...? Mayor Carollo: That's fine. If you like you could, and also a time certain. Commissioner Plummer? Commissioner Plummer: Sir. Mayor Carollo: Wednesday at 2:00 p.m., can we hear the parking ordinance for the Grove? Commissioner Plummer: What time are we starting? Mayor Carollo: We are going to start that day at nine in the morning most likely. Commissioner Plummer: At what time? Mayor Carollo: Or unless you... Nine in the morning, unless you want to do it in the evening. I could do it in the evening. Commissioner Plummer: No, they got. No, I can't. That's... DDA got a thing in the morning. Willie? Vice Mayor Gort: What day is that? Commissioner Plummer: Wednesday. Well, that's at eight o'clock, so we... Vice Mayor Gort: That's the 31st. Commissioner Plummer: That's the 30th. Vice Mayor Gort: It's on the 31st. Mayor Carollo: On Halloween. Vice Mayor Gort: It's on Halloween, so trick or treaA, 230 October 24, 1996 Commissioner Plummer: No, DDA and Taylor Development Corporation. Vice Mayor Gort: On the 31st. Mayor Carollo: Can you make it at two in the afternoon? Commissioner Plummer: As far as I know of that's... Mayor Carollo: OK. Richard? Commissioner Dunn: Yeah, that's fine. Commissioner Plummer: Well, we only have the one item for the morning, don't we? Mayor Carollo: Well, there's going to be a couple items in the morning. And I am so tired now, I forgot what one of them was. So I hope you all remind me. Commissioner Dunn: Mr. Mayor? ` Unidentified Speaker: The towing. Commissioner Plummer: The towing. Commissioner Dunn: Yeah, Mister... Mayor Carollo: The towing, how can I forget. Commissioner Dunn: Mr. Mayor, also could we include that for Wednesday as well, item 13? Or could we do it tonight, I think it's very simple. Mr. Smith: That the Overtown Shopping Center. Commissioner Dunn: The adoption of a resolution. Mayor Carollo: I think we could probably do this tonight. Commissioner Dunn: OK, OK. Unidentified Speaker: Mr. Mayor, may I distribute this memorandum? Mayor Carollo: Sure. Would 2:00 p.m. on Wednesday be good? That could be a firm time that we'll have everything else done by then. Unidentified Speaker: Two p.m. this coming Wednesday. s Mayor Carollo: Yes. That's the only way that I could give you a real fixed time. Vice Mayor Gort? Vice Mayor Gort: Yeah. Mayor Carollo: OF., 2:00 p.m. Wednesday. Mr. Clerk, I hope you all are keeping track of this? I am sorry. t 231 October 24, 1996 t } im N ig -------------------------------- - 33. ADOPT REPORT: "SUFFICIENCY ISSUES WITH RESPONSES BY CITY -- INCLUDING REVISIONS IN RESPONSE TO COMMUNITY AFFAIRS LETTER OF 9/13/93, AS SUPPLEMENT TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 REPORT.---------------------------------------------------------------------------------------------------------------- Mr. Jack Luft (Director, CPR Dept.): Could we get the air amendment on Wednesday as well? Ms. Lourdes Y. Slazyk (Deputy Director, CPR Dept.): PZ 1. Mr. Luft: PZ 1. Ms. Slazyk: It's very important. Mr. Luft: We have to do that or we cannot the State to process any more land use changes. Mayor Carollo: OK, we'll do that tonight Jack, OK. That's a quick one. All right. Let's go to PZ 1 then, so that we can do that for you. If I can find it here, I can't even see any more. Mr. Clark Turner: Mr. Mayor, members of the Commission. Clark Turner, Community Planning and Revitalization. November 16th 1995 you adopted a report called "The Evaluation Appraisal Report" on the Miami Comprehensive Neighborhood Plan. That subsequently, that was in conformity with state requirements. That subsequently went to the Department of ^' Community Affairs per review. The DCA found it not sufficient and asked a number of questions, wanted additional explanation. Those were addressed in a report called "sufficiency issues" with responses by the City Miami. After another exchange of letters with DCA the sufficiency issues are now complete to the satisfaction of DCA... Commissioner Plummer: Move item 1. Mr. Turner:.. it needs your adoption. f Commissioner Plummer: Move PZ 1. Vice Mayor Gort: Second. Mayor Carollo: Move, second. Call the roll. Mr. Walter J. Foeman (City Clerk): Roll call. r t t s t 232 October 24, 1996 1i The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-796 A RESOLUTION, WITH ATTACHMENT(S), ADOPTING THE REPORT ENTITLED: "SUFFICIENCY ISSUES WITH RESPONSES BY THE CITY OF MIAMI, INCLUDING REVISIONS IN RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) LETTER OF SEPTEMBER 13, 1996," AS A SUPPLEMENT TO THE EVALUATION AND APPRAISAL ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1959-2000 ADOPTED BY THE CITY COMMISSION NOVEMBER 16, 1995; DIRECTING TRANSMITTAL, OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner , the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Plummer: Is that it? Commissioner Dunn: No, item 13. Mr. Turner: No. Commissioner Dunn: Of the regular agenda. Mayor Carollo: Is PZ 2 a companion item to that, or no? Mr. Turner: No. There are... two and three are withdrawn. r --------------------------------------------- ------------------------------------------------------------------ 34. SELECTION REVIEW COMMITTEE APPOINTMENTS -- DINNER KEY j BOATYARD. (See lable 3) i Mayor Carollo: What else do we have in the Planning and Zoning that we must do tonight? Is there anything else here? 4 Unidentified Speaker: I don't have any other items. Mr. Jack Luft (Director, CPR Dept.): Commissioner, all I have is the names... We had an advertised public meeting of the selection committee for the boatyard, and you asked me to come back with a list of names. 233 October 24, 1996 Mayor Carollo: Where are they at? Mr. Luft: I just passed them out. If you could give me five names tonight. Mayor Carollo: OK. I'm... Can we vote on all these at the same time or not? Mr. Luft: Yes. Yes. Just... Right. '"that I have is the resolution here. If you'd just read the names into the record, the five names, and then by adopting this resolution. Mayor Carollo: Well, I'm going to read some that I'm going to suggest. Frank Rollason, Deputy Chief, Fire Chief', Risk Management; Donald Warshaw, Chief of Police; Christina Abrams, Director of Conferences, Conventions and Public Facilities. Commissioner Plummer: Eduardo Rodriguez. i Mr. Luft: One more. Unidentified Speaker: One more. Commissioner Plummer: I think we ought to have someone from Finance, and I nominate Phil Luney. Mayor Carollo: Excuse me? Commissioner Plummer: I nominate Phil Luney. We need somebody there from Finance. Mayor Carollo: OK. That's fine. Let's go with those five, then, if you don't have anyone from Finance. Mr. Luft: OK. So... : Vice Mayor Gort: Move it. Mr. Luft: Just to confirm, it's Donald Warshaw, Frank Rollason, Christina Abrams, Phil Luney, and Eduardo Rodriguez. OK? Thank you very much. is. d'I Vice Mayor Gort: Move it. r Mayor Carollo: There's a motion. Commissioner Plummer: Second. Mayor Carollo: There's a second. All in favor, signify by saying, "aye." 1 The Commission (Collectively): Aye. t 234 4 r� The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-797 A RESOI.,UTION AMENDING RESOLUTION NO. 96-510, AS AMENDED, WHICH APPOINTED MEMBERS TO A REVIEW COMMITTEE AND SELECTED A CERTIFIED PUBLIC ACCOUNTING FIRM TO EVALUATE PROPOSALS FOR THE UNIFIED DEVELOPMENT ("UDP") OF COMMERCIAL AND RECREATIONAL WATER -DEPENDENT FACILITIES, AND ANCILLARY USES ON CITY -OWNED WATERFRONT PROPERTY KNOWN AS THE DINNER KEY BOATYARD, LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, BY APPOINTING CERTAIN INDIVIDUALS TO THE REVIEW COMMITTEE FOR SAID UDP. (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 Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 35. APPOINT MEMBERS (NAMES TO BE SUBMITTED AT LATER DATE TO CITY CLERK) TO HOPWARFP REVIEW COMMITTEE -- FOR AFFORDABLE RENTAL HOUSING UNITS. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: That's it? Ms. Linda Kearson (Assistant City .Attorney): On one last thing, if you would just authorize the issuance of the HOPWA RFP (Request for Proposals) that was item number 14. You can give us our names later for the review committee so that we can issue the RFP to get the money on the street for the HIV... Mayor Carollo: What 14 are we talking about? Ms. Kearson: That's regular 14, sir. Mayor Carollo: Regular 14. Let me see if I can find it here. I've got so much paper here that I don't know what... where to find it anymore. Do you have it... Ms. Kearson: We're issuing an RFP for half a million dollars ($500,000) to provide funds for short term assistance to HIV... 235 October 24, 1996 i� Commissioner Plummer: Move it. Vice Mayor Gort: Second. Ms. Kearson: And we'll get your names later for the review committee. Just have your names submitted to the... Commissioner Plummer: That is 13. Ms. Kearson: That's 14. Commissioner Dunn: No, 13 is... Commissioner Plummer: Ali, come on guys. You are not playing fair. ' Commissioner Dunn: It's different. Vice Mayor Gort: Thirteen deals with... Commissioner Dunn: Yeah, I just wanted to move. Vice Mayor Gort: Did you move 14, which is the... of a grant that's a half a million dollar ($500,000) grant for the housing opportunity... Ms. Kearson: That's for the RFP. You can send your names to the City Clerk for the review committee. We'll get that from you later. Vice Mayor Gort: All right. Plummer moved it, I second. Mayor Carollo: There's a motion. There's a second. Ms. Kearson: That's it for me. Mayor Carollo: Are there any of these monies the City can retain or are these all grants that we must use for this? Mr. Elbert Waters (Director, NET (Neighborhood Enhancement Teams) Community Development): Mr. Mayor, these are funds that we must use for this particular program. f Mayor Carollo: OK. There's a motion, there's a second. All in favor signify by saying "aye." r The Commission (Collectively): Aye. R. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-798 A RESOLUTION NVl"I'l-I ATTACHMENT, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR NOT -FOR -PROFIT ORGANIZATIONS THAT OWN AFFORDABLE RENTAL HOUSING UNITS, TO SUBMIT PROPOSALS FOR THE USE OF FUNDS FROM THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM, FOR OPERATING EXPENSES, INCLUDING RESIDENT SUPPORT SERVICES, FOR INDEPENDENT LIVING, LOW INCOME, PERSONS LIVING WITH HIV/AIDS; APPOINTING FIVE (5) MEMBERS TO THE HOPWA RFP REVIEW COMMITTEE TO EVALUATE PROPOSALS AND MAKE RECOMMENDATIONS THEREON, TO THE CITY COMMISSION; ALLOCATING FUNDS THEREFOR FROM THE 1995 HOPWA PROGRAM FUNDING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado ------------------------- ------------------------------------------------------------------------------------ 36. AUTHORIZE $59,182 INCREASE TO VENECON, INC., CONTRACT FROM $252,031 TO $311,213 -- FOR CIP OVERTOWN SHOPPING CENTER RENOVATIONS -- ALLOCATE FUNDS: NOT TO EXCEED $18,000 FROM CDBG FUNDS/AND $41,182 FROM CIP 322059. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. What else does the administration have? Commissioner Dunn: Thirteen. Mr. Carlos F. Smith (Assistant City Manager/NET): Thirteen. Unidentified Speaker: I thought that was... Mayor Carollo: Thirteen? Let me see what thirteen is. Commissioner Dunn: It's the authorization to amend resolution 95-235. Mayor Carollo: OK. There's a motion. 237 October 24, 1996 �i Vice Mayor Gort: Second. Mayor Carollo: There's a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following; resolution was introduced by Commissioner Dunn, who moved its adoption: RESOLUTION NO. 96-799 A RESOLUTION AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $59,182.00, IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND VENECON, INC., TI-IEREBY INCREASING SAID CONTRACT FROM $252,031. TO $311,213.00 FOR THE CAPITAL IMPROVEMENTS PROJECT ENTITLE "OVERTONNIN SHOPPING CENTER RENOVATIONS"; ALLOCATING FUNI THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRAND FUNDS, AN AMOUNT NOT TO EXCEED $18,000,00, AND AS PREVIOUSI APPROPRIATED PURSUANT TO CAPITAL IMPROVEMENT ORDINANCE N 11337, PROJECT NO. 3220.59, IN AN AMOUNT NOT TO EXCEED $41,182.00. (Here follows body of resolution, omitted here and on file in the Office of the C: Clerk.) Upon being; seconded by Vice Mayor Gort, the resolution was passed and adopted by t following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 37. REDUCE FUNDING ALLOCATION FOR DOMINO PARK BY 15 PERCENT. Mayor Carollo: Two items that we have was the item on Domino Park and on Tacol, Belafonte Center. They both agreed to reduce... Commissioner Dunn: Oh, beautiful. Mayor Carollo: ... the amounts by 15 percent. I'll bring up Domino Park first. All in favor... Commissioner Dunn: So move, so move. Mayor Carollo: Is there a motion? Move. Commissioner Plummer: Second. 238 October 24, 199( Mayor Carollo: Second. All in favor, signify by saying "aye " The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Dunn, who moved its adoption: RESOLUTION NO. 96-800 A RESOLUTION (PENDING THE LAW DEPARTMENT.) i i i 1 I� (Here follows body of resolution, omitted here and on file in the Office of the City i Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo i NAYS: None. i ABSENT: Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 38. REDUCE FUNDING ALLOCATION FOR BELAFONTE TACOLCY BY 15 PERCENT. i 1 ---------------------------------------------------------------------------------------------------------------- I r Mayor Carollo: Tacolcy is next. Is there a motion? p . Commissioner Dunn: So move. Commissioner Plummer: Second. Mayor Carollo: Motion by Dunn, second by Plummer. All in favor signify by saying "aye." r 239 October 24, 1996 r; 1i The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Dunn, who moved its adoption: RESOLUTION NO. 96-801 A RESOLUTION (PENDING THE LAW DEPARTMENT.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn II NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo None. Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 39. AUTHORIZE REQUEST FROM METRO-DADE COUNTY TO APPROVE t TRANSFER OF CONVENTION DEVELOPMENT TAX FUNDS THROUGH MIAMI SPORTS/EXHIBITION AUTHORITY TO CITY PURSUANT TO F.S. 212.0305 TO BENEFIT CITY FACILITIES: ORANGE BOWL/JAMES L. i KNIGHT INTERNATIONAL CENTER/COCONUT GROVE CONVENTION CENTER/BOBBY MADURO MIAMI BASEBALL STADIUM/ MARINE STADIUM. Mayor Carollo: And this is a resolution with attachments requesting that the Metropolitan Dade County Board of County Commissions approve the transfer of Convention Development Tax Funds through the Miami Sports and Exhibition Authority (MSEA) to the City of Miami for those facilities set forth on Exhibit A, attached here to, pursuant to Florida Statute 212.0305. Subject, to the transfer of funds to the City by MSEA. And the list that we have as City of 240 Miami facilities are: Orange Bowl, James Earl Knight International Center, Coconut Grove Convention Center, Bobby Maduro, Miami Baseball Stadium, Marine Stadium and if I may add on this, any positions that could be funded through our Convention Department that would apply to Tourism Conventions and Exhibitions. Is there a motion? Commissioner Dunn: So moved. Vice Mayor Gort: Move it. Mayor Carollo: Moved by Dunn, second by Vice Mayor Gort. All in favor, signify by saying if The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Dunn, who moved its adoption: RESOLUTION NO. 96-802 A RESOLUTION WITH ATTACHMENT(S) REQUESTING THAT THE METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE TRANSFER OF CONVENTION DEVELOPMENT TAX FUNDS THROUGH THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") TO THE CITY OF MIAMI, FOR ANY ELIGIBLE STAFF POSITIONS IN THE CITY'S CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES DEPARTMENT AND FOR THOSE FACILITIES SET FORTH ON EXHIBIT "A" ATTACHED HERETO, PURSUANT TO F.S. 212.0305, SUBJECT TO THE TRANSFER OF FUNDS TO THE CITY BY MSEA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 40. APPOINT SERGIO ROK TO DOWNTOWN DEVELOPMENT AUTHORTY. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Last but not least. Vice Mayor Gort: I've got one Mr. Mayor... Mayor Carollo: OK. Go ahead. I've got one last one. 241 October 24, 1996 �i A� Vice Mayor Gort: As you all recall, there is pending an at -large appointment to the Downtown Development Authority and I would like to recommend Sergio Rok. Commissioner Plummer: Second. Mayor Carollo: There's a second. All in favor signify by saying "aye.". The Commission (Collectively): Aye. The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-863 A RESOLUTION (PENDING THE LAW DEPARTMENT.) i i t (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: € i AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado f f. 242 October 24, 1996 y'' ---------------------------------------------------------------------------------------------------------------- 41. DISCUSS / CONTINUE TO SPECIAL MEETING OF OCTOBER 30, 1996 CONSIDERATION OF AGENDA ITEM 12 (EMERGENCY ORDINANCE EXTENDING CABLE T.V. FRANCHISE AGREEMENT WITH MIAMI TELECOMMUNICATIONS, INC.). ---------------------------------------------------------------------------------------------------------------- Mr. Carlos F. Smith (Assistant City Manager/NET): Mr. Mayor, one last item please? Mayor Carollo: OK. What is it? Mr. Smith: Twelve. That's the extension of the TCI agreement for three months while we continue negotiations. Mayor Carollo: Let's put that for Wednesday. That deserves discussion, not to be brought up here like this at night. That's one that's... It could hold until Wednesday. Until when did we i have? Mr. Smith: November the 18th. Mayor Carollo: November the 18th. Put it on Wednesday. ---------------------------------------------------------------------------------------------------------------- 42. DISCUSS BRIEFLY INCREASING MIAMI SPORTS / EXHIBITION AUTHORITY BUDGET BEYOND $150,000 -- SEE LABEL 44. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: One last item, Commissioners. We had agreed some time ago, and Commissioner Dunn wasn't here, but three of us were, that the Sports and Exhibition Authority would work with a budget of one hundred and fifty thousand dollars ($150,000). Have any of you had a change of heart on that? } Commissioner Plummer: I'm sorry? Mayor Carollo: Have any of you had a change of heart on that, for the Sports Authority to have t a greater budget than the one hundred and fifty thousand ($150,000) that we approved and agreed that it will work with? f i Vice Mayor Gort: Mr. Mayor, you're the chairman of that. You are the one that tells us what you need. L Commissioner Plummer: Well, that was your recommendation. Vice Mayor Gort: That's your recommendation. Commissioner Plummer: Are you now recommending something different? Mayor Carollo: I'm not. Commissioner Plummer: Oh, OK. j; c 243 October 24, 1996 Ii. Vice Mayor Gort: OK. Mayor Carollo: Then just get your son-in-law off my back, then. Commissioner Plummer: You get him off your back. He's too big for me to handle. Mayor Carollo: Well then let me handle him, OK? Stay out of the way. Thank you. --- ----------------------------------------- 43. APPROVE ECONOMIC DEVELOPMENT INITIATIVE GRANT REQUEST TO U.S. HUD (DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT) FROM DADE EMPLOYMENT AND ECONOMIC DEVELOPMENT CORPORATION (DEEDCO) -- FOR $450,000 -- WITH PROVISO THAT DEEDCO OBTAIN SUPPORT / APPROVAL FROM METRO FOR SEC. 108 LOAN GUARANTEE. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Let me ask you one last time, since they've been waiting. This is a project for 54th Street. You all got a copy. This is the copy of a letter that was sent to my office by Bernice Butler, Executive Director of Dade Employment and Economic Development Corporation, DEEDCO. And I would Iike to bring this matter as a pocket item on October 24th. DEEDCO is requesting the City's approval for an Economic Development Initiative grant of four hundred and fifty thousand dollars ($450,000) from USI-IUD (United States Department of Housing and Urban Development), with the proviso that DEEDCO obtains support approval of the required Section 108 loan, guaranteeing six hundred and fifty from Metropolitan Dade County. And I would like for Mr. Waters to explain that a little further. Mr. Elbert Waters (Director, NET/Community Development): Thank you, Vice Mayor. This item, the Administration is recommending is submittal on behalf of DEEDCO, and it's regarding a project in the Little Haiti area. The specific amounts is an Economic Development Initiative grant totalling about four hundred and fifty thousand dollars ($450,000), with the proviso that the Section 108 loan guarantee that's a part of this application be approved by Metropolitan Dade County. So our initiative is just to submit it on behalf of the EDI (Economic Development Initiatives). Mayor Carollo: What do you want to do now? t i Vice Mayor Gort: I would like to move it. This is an area where they can establish a building as a medical facility... i Mayor Carollo: OK. There's a motion. I Commissioner Dunn: I second it. Second. Mayor Carollo: Second. All in favor, signify by saying "aye". The Commission (Collectively): Aye. z i k j 244 October 24, 1996 �' r The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-804 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN ECONOMIC DEVELOPMENT INITIATIVE (EDI) GRANT APPLICATION, IN THE AMOUNT OF $450,000, ON BEHALF OF DADE EMPLOYMENT AND ECONOMIC DEVELOPMENT CORPORATION, INC. (DEEDCO), TO U.S. HUD FOR DEEDCO'S COMMERCIAL REVITALIZATION PROJECT, LOCATED ON 79TH STREET IN THE LITTLE HAITI NEIGHBORHOOD, WITH THE CONDITION THAT DEEDCO HAVE METROPOLITAN DA.DE COUNTY SUBMIT THE SECTION 10B LOAN GUARANTEE COMPONENT, IN THE AMOUNT OF $650,000, ON DEEDCO'S BEHALF, TO U.S. HUD, FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, 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 Dunn, the resolution was passed and adopted by the following vote: AYES: Commissioner Richard P. Dunn, II Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 44. (CONTINUED) MAYOR CAROLLO INSTRUCTS WARREN BUTLER TO BRING MIAMI SPORTS / EXHIBITION AUTHORITY BUDGET BEFORE COMMISSION -- SEE LABEL 42. Mayor Carollo: Warren Butler, I hope you heard what the Commission said, and bring it back, because what's going to happen is, you keep having the budget that's over one hundred and fifty thousand dollars ($150,000), and each week that goes by, that means you're going to have less, and you're going to have salary reductions for whoever is left. So, for whatever it's worth, take the message back. I appreciate it. Mayor Carollo: All right. This meeting is officially adjourned, and the items that are left, we'll bring it to the regular meeting again. Commissioner Plummer: Good night. Mayor Carollo: Good night. 245 October 24, 1996 li