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HomeMy WebLinkAboutCC 1995-03-27 MinutesTY MIAMI 4.,E S. OF MEETING HELD ON 1995 PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk INDEX MINUTES OF PLANNING & ZONING MEETING March 27, 1995 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATIONS, PROCLAMATIONS & DISCUSSION 1 SPECIAL ITEMS. 3/27/95 2. DISCUSSION CONCERNING PROPOSED DISCUSSION 2-3 PERFORMANCE AUDIT OF CITY OF 3/27/95 MIAMI. 3. APPROVE CARIBBEAN CAMBOULAY OF M 95-212 3-4 MIAMI INC. AS THE GROUP TO 3/27/95 COORDINATE / HOLD THE CARIBBEAN CAMBOULAY 1995 EVENT -- CITY MANAGER TO MEET WITH REPRESENTATIVES OF SAID GROUP TO DETERMINE WHAT IN -KIND CITY SERVICES WILL BE REQUIRED AND MAKE ARRANGEMENTS FOR SAID GROUP TO COVER SAID EXPENSES. 4. AUTHORIZE CITY MANGER TO ISSUE A R 95-213 5-6 REVOCABLE PERMIT FOR USAGE OF 3/27/95 OFFICE SPACE IN MANUEL ARTIME COMMUNITY CENTER TO LIONS HOME FOR THE BLIND, INC. (FOR $1 PER YEAR), -- STIPULATE THAT IF ADMINISTRATION CAN FIND AN ORGANIZATION TO TAKE OVER THE CENTER, LIONS HOME FOR THE BLIND MAY HAVE TO PAY RENT. 5. ALLOCATE $3,900 FOR EMERGENCY R 95-214 6-7 REPAIR OF ALLAPATTAH CHILD DAY 3/27/95 CARE CENTER ROOF. 6. AMEND 95-105 (APPROVAL OF LEASE / R 95-215 8-10 PURCHASE OF 230 1995 CHEVROLET 3/27/95 CAPRICE PURSUIT VEHICLES, UNDER EXISTING DADE COUNTY CONTRACT NO. 3407-OEC-3, FROM ED MORSE CHEVROLET ($3,544,373.60], FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE) -- PURCHASE SAID VEHICLES WITH MONIES RECEIVED FROM SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. 7. AMEND 95-195 (APPROVAL OF LEASE / R 95-216 10-11 PURCHASE OF 100 1995 CHEVROLET 3/27/95 CAVALIERS FROM MAROONE CHEVROLET ($1,109,500], FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE) -- PURCHASE SAID VEHICLES WITH MONIES RECEIVED FROM SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. B. AUTHORIZE MANAGER TO NEGOTIATE AN R 95-217 11-16 INTERLOCAL AGREEMENT WITH 3/27/95 OKEECHOBEE COUNTY -- TO DISPOSE OF SOLID WASTE GENERATED BY RESIDENTS / BUSINESSES / FACILITIES WITHIN CITY OF MIAMI -- AT THE REGIONAL LANDFILL FACILITY OPERATED BY CHAMBERS WASTE SYSTEMS OF FLORIDA, INC. 9. ACCEPT PLAT: ST. JAMES AT R 95-218 1.6-17 BRICKELL. 3/27/95 10. (A) AUTHORIZE MANAGER TO SUBMIT A R 95-219 17-19 PROPOSAL FOR FISCAL YEAR 1996 3/27/95 STORMWATER MANAGEMENT PARTNERSHIP PROGRAM COOPERATIVE COST -SHARE AGREEMENTS ($400,000) -- TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT -- FOR RETROFITTING OF STORM SEWERS IN THE LITTLE RIVER DRAINAGE BASIN IN CITY OF MIAMI. (B) DISCUSSION OF HIGH SEWAGE RATE -- REQUEST TONY CLEMENTE TO EXPLAIN RATE ON PUBLIC TELEVISION. 1 11. RATIFY MANAGER'S ACTION INSTRUCTING DEPARTMENT OF PARKS & RECREATION TO ISSUE A PARK PERMIT (FOR A TOTAL FEE OF $15,000) TO METROPOLITAN DADE COUNTY -- FOR USE OF VIRGINIA KEY BEACH AND, IN CASE OF OVERFLOW, THE MARINE STADIUM PARKING LOT -- FOR PARKING CONCERNING THE 1995 LIPTON TENNIS TOURNAMENT (MARCH 17-26, 1995). 12. ACCEPT DONATION OF FOUR 65- PASSENGER CONVENTIONAL BUSES FROM DADE COUNTY PUBLIC SCHOOLS -- FOR DEPARTMENT OF PARKS & RECREATION AND DEPARTMENT OF POLICE EXPLORER PROGRAM -- EXECUTE NECESSARY DOCUMENTS. 13. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 40-225, 40-238 AND 40- 239 -- ENHANCE BENEFITS ONLY FOR MEMBERS OF AFSCME BARGAINING UNIT WHO ARE MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, BY (a) INCREASING RETIREMENT ALLOWANCE, (b) ESTABLISHING RULE OF 64 RETIREMENT, AND (c) ADDING A NEW DEFINITION. 14. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 40-200, 40-211 AND 40- 212 -- ENHANCE BENEFITS FOR MEMBERS OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, BY (a) INCREASING THE RETIREMENT ALLOWANCE PERCENT, (b) ADDING NEW DEFINITIONS, AND (c) ADDING A NEW PROVISION FOR PURCHASE OF SERVICE CREDIT UPON PAYMENT OF CONTRIBUTIONS BY MEMBER. R 95-220 3/27/95 R 95-221 3/27/95 ORDINANCE 11234 3/27/95 ORDINANCE 11235 3/27/95 19-20 20-21 21-24 24-25 rl 15. AUTHORIZE MANAGER TO AMEND R 95-222 26-27 ARTICLES 4 AND 8, AND EXECUTE NEW 3/27/95 ARTICLE ON "RETIREMENT INCENTIVE", IN AND FOR THE COLLECTIVE BARGAINING AGREEMENT WITH MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO (OCTOBER 1, 1993 - SEPTEMBER 30, 1995). 16. AUTHORIZE MANAGER TO ENTER INTO R 95-223 27-28 COLLECTIVE BARGAINING AGREEMENT 3/27/95 WITH MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO (OCTOBER 1, 1995 - SEPTEMBER 30, 1998). 17. AUTHORIZE MANAGER TO AMEND R 95-224 28-29 ARTICLE 41 IN AND FOR COLLECTIVE 3/27/95 BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE (FOP), LODGE NO. 20 (OCTOBER 1, 1993 - SEPTEMBER 30, 1995). 18. AUTHORIZE MANAGER TO ENTER INTO R 95-225 29-30 COLLECTIVE BARGAINING AGREEMENT 3/27/95 WITH FRATERNAL ORDER OF POLICE (FOP), LODGE NO. 20 (OCTOBER 1, 1995 - SEPTEMBER 30, 1998). 19. AUTHORIZE MANAGER TO AMEND R 95-226 30-31 ARTICLE 43 IN AND FOR COLLECTIVE 3/27/95 BARGAINING AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 587, AFL-CIO (OCTOBER 1, 1993 - SEPTEMBER 30, 1995). 20. (A) AUTHORIZE MANAGER TO ENTER R 95-227 INTO COLLECTIVE BARGAINING 3/27/95 AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 587, AFL-CIO (OCTOBER 1, 1995 - SEPTEMBER 30, 1998). (B) COMMISSIONER DAWKINS REQUESTS A DISCUSSION ITEM TO BE SCHEDULED IN CONNECTION WITH EARLY RETIREMENT INCENTIVES PASSED BY THE COMMISSION, WHICH HE BELIEVES ARE NOT IN BEST INTEREST OF TAXPAYERS. 21. APPROVE USE OF FLAGLER DOG TRACK R 95-228 PARKING LOT FOR ANNUAL NATIONAL 3/27/95 FAIR OF THE CUBAN MUNICIPALITIES IN EXILE (APRIL 6-9, 1995) -- DECLARE THAT THE FAIR SHALL NOT BE CONSIDERED AS ONE OF THE TWO ALLOWED EVENTS PER YEAR FOR ACTIVITIES OF THIS TYPE. 22. ALLOCATE $2,000 IN SUPPORT OF R 95-229 COMMEMORATIVE SERVICE AT CITY 3/27/95 CEMETERY, TO BE CONDUCTED BY DADE HERITAGE DAYS AFRICAN-AMERICAN COMMITTEE (APRIL 1, 1995). 23. APPROVE PARTIAL USE OF CERTAIN R 95-230 DOWNTOWN STREETS / THOROUGHFARES 3/27/95 DURING GLOBAL RELEAF EARTH DAY WALK FOR TREES, CONDUCTED BY AMERICAN FORESTS, IN CONJUNCTION WITH THE MIAMI RUNNERS CLUB AND 21 LOCAL CIVIC AND ENVIRONMENTAL ORGANIZATIONS (APRIL 22, 1995). 31-33 33 34-35 35-36 24. DIRECT MANAGER TO REINITIATE R 95-231 36-38 PROCESS OF REVISING PLANNING AND 3/27/95 ZONING BOARD REGULATIONS AND ESTABLISHING REGIONAL ZONING BOARDS -- DIRECT CITY ATTORNEY TO PREPARE APPROPRIATE LEGISLATION. 25. PURCHASE: (a) 100 SMART SIREN R 95-232 38-39 LIGHT BARS (UNDER EXISTING CITY 3/27/95 OF ST. PETERSBURG BID NO. 4151) -- FROM MORAN EQUIPMENT CORP. ($55,829), AND (b) 100 CAGES (UNDER EXISTING PALM BEACH COUNTY SHERIFF'S BID NO. 94-0824- 136) -- FROM LAW ENFORCEMENT SUPPLY COMPANY ($25,788) -- TOTAL EXPENDITURE $81,628 -- FUNDING AVAILABLE FROM SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. 26. DISCUSSION CONCERNING PROPOSED DISCUSSION 39-41 RESOLUTION TO AUTHORIZE PURCHASE 3/27/95 OF 30 VEHICLES (FROM EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-95-1) -- FROM (a) MAROONE CHEVROLET ($266,514), (b) GARBER BUICK ($30,314), AND (c) JERRY HAM CHEVROLET ($183,118) -- TOTAL EXPENDITURE $479,946 -- FUNDING AVAILABLE FROM SUNSHINE STATE GOVERNMENTAL FINANCING REVENUE NOTES. (See label 37) 27. ALLOCATE $5,000 -- FROM LAW R 95-233 41-42 ENFORCEMENT TRUST FUND (LETF) -- 3/27/95 TO LIBERTY CITY CELEBRATES TO SPONSOR AN URBAN LEAGUE EVENT CELEBRATING "OUR CHILDREN OF THE FUTURE". 28. RATIFY MANAGER'S FINDING THAT AN R 95-234 42-43 EMERGENCY NEED EXISTS -- WAIVE 3/27/95 COMPETITIVE SEALED BIDS -- APPROVE PURCHASE / REINSTALLATION OF FENCE AT BICENTENNIAL PARK -- FROM CARLSON FENCE COMPANY, INC. ($12,924). 29. ACCEPT BID: VENECON, INC., IN R 95-235 44-45 CONNECTION WITH PROJECT: OVERTOWN 3/27/95 SHOPPING CENTER EMERGENCY REPAIRS, TOTAL BID ($228,728) -- EXECUTE CONTRACT. 30. EXECUTE AGREEMENT WITH ANDRES R 95-236 45-47 DUANY AND ELIZABETH PLATER- 3/27/95 ZYBERK, INC. ($100,000) -- FOR PROFESSIONAL SERVICES PERTAINING TO LAND USE PLANNING / URBAN DESIGN / HISTORIC PRESERVATION / ARCHITECTURAL AND LANDSCAPE ARCHITECTURAL SERVICES / IMPLEMENTATION PLANNING PERTAINING TO COMPLETION OF THE COCONUT GROVE PLANNING STUDY (APRIL 15, 1995 - APRIL 15, 1996). 31. EXECUTE AGREEMENT WITH ANDRES R 95-237 47-48 DUANY AND ELIZABETH PLATER- 3/27/95 ZYBERK, INC. ($50,000) -- FOR PROFESSIONAL TRANSPORTATION ENGINEERING / PLANNING SERVICES PERTAINING TO COMPLETION OF THE COCONUT GROVE PLANNING STUDY (APRIL 15, 1995 - APRIL 15, 1996). 32. DISCUSSION CONCERNING COMMUNITY DISCUSSION 48-50 DEVELOPMENT BLOCK GRANT (CDBG) 3/27/95 FUNDS CUTS. 33. RESCHEDULE REGULAR COMMISSION R 95-238 50-52 MEETING SCHEDULED TO TAKE PLACE 3/27/95 ON APRIL 13TH TO NOW BEGIN AT 9:00 A.M. ON APRIL 27TH -- THE PLANNING AND ZONING MEETING WILL COMMENCE AT 4:30 P.M. 34. MANAGER ANNOUNCES STATISTICS SHOW DISCUSSION 52 CRIME IN CITY OF MIAMI IS DOWN 7t 3/27/95 FROM LAST YEAR. 34.1. BRIEF COMMENTS BY MAYOR STEPHEN DISCUSSION 53 P. CLARK REQUESTING THAT PLANNING 3/27/95 AND ZONING ITEMS BE SCHEDULED EARLIER IN THE DAY. 35. ALLOCATE $165,500 FROM LAW R 95-239 53-54 ENFORCEMENT TRUST FUND (LETF) -- 3/27/95 FOR "DO THE RIGHT THING" PROGRAM. 36. AUTHORIZE INCREASE IN CONTRACT R 95-240 WITH CONE CONSTRUCTORS, INC. 3/27/95 ($170,295.52, THEREBY INCREASING CONTRACT FROM $3,059,603.50 TO $3,229,899.02) -- FOR DINNER KEY MARINA RESTORATION PHASE II, H- 1008 -- ALLOCATE FUNDS FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CIP 414503. 37. (Continued) AUTHORIZE PURCHASE R 95-241 OF 30 VEHICLES (FROM EXISTING 3/27/95 STATE OF FLORIDA CONTRACT NO. 070-001-95-1) -- FROM (a) MAROONE CHEVROLET ($266,514), (b) GARBER BUICK ($30,314), AND (c) JERRY HAM CHEVROLET ($183,118) -- TOTAL EXPENDITURE $479,946 -- FUNDING AVAILABLE FROM SUNSHINE STATE GOVERNMENTAL FINANCING REVENUE NOTES. (See label 26) 38. EXPRESS SYMPATHY AND CONDOLENCES R 95-242 TO FAMILY AND FRIENDS OF CLARK 3/27/95 MERRILL. 39. CLOSE / VACATE / ABANDON / R 95-243 DISCONTINUE PUBLIC USE OF PORTION 3/27/95 OF S.W. 16 ROAD (AS SET FORTH IN EXHIBIT "A") -- SAID ACTION BEING A CONDITION FOR APPROVAL OF TENTATIVE PLAT NO. 1447-B: SIMPSON PARK FIRST ADDITION. (Applicant: Public Works Department, Carlos A. & Christina C. Migoya.) 40. SECOND READING ORDINANCE: AMEND ORDINANCE MIAMI COMPREHENSIVE NEIGHBORHOOD 11236 PLAN (MCNP - 10544) FUTURE LAND 3/27/95 USE MAP -- CHANGE LAND USE DESIGNATION AT 2720-2728-2740 S.W. 6 STREET & 2725-2735-2745 S.W. 7 STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Miami - Dade Community College.) 54-55 55-56 56-58 58-64 64-65 41. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2720-2728-2740 S.W. 6 STREET & 2725-2735-2745 S.W. 7 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Miami -Dade Community College.) 42. BRIEFLY DISCUSS AND MOMENTARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION SEEKING A SPECIAL EXCEPTION TO ALLOW NORTHWEST DADE CENTER INC. TO ASSUME OWNERSHIP OF CERTIFICATE OF USE NO. 105341 FROM THE SALVATION ARMY TO CONTINUE TO OPERATE A COMMUNITY BASED RESIDENTIAL FACILITY (CBRF) AT 250 N.W. SOUTH RIVER DRIVE. (See label 48) 43. DISCUSS AND CONTINUE (TO JUNE 22ND MEETING) CONSIDERATION OF PROPOSED SECOND READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP, CHANGING LAND USE DESIGNATION AT 4101 N.W. 11 STREET & 1135-1145 N.W. 41 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL -- DIRECT APPLICANT TO PROVIDE A TRAFFIC STUDY OF THE AFFECTED AREA. (Applicant: Ronald Pellitero for Pell / Cruz Investments, Inc.) 44. DISCUSS AND CONTINUE (TO JUNE 22ND MEETING) CONSIDERATION OF PROPOSED SECOND READING ORDINANCE: AMEND 11000 ATLAS, CHANGING DESIGNATION AT 4101 N.W. 11 STREET & 1135-1145 N.W. 41 AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL -- DIRECT APPLICANT TO PROVIDE A TRAFFIC STUDY OF THE AFFECTED AREA. (Applicant: Ronald Pellitero for Pell / Cruz Investments, Inc.) ORDINANCE 11237 3/27/95 DISCUSSION 3/27/95 M 95-244 3/27/95 M 95-245 3/27/95 66-67 67-70 70-72 72-75 45. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2190 S.W. 21 TERRACE FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: JP Loumiet for EJL Partnership, Owner; Hemisphere Bank, Buyer.) 46. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2190 S.W. 21 TERRACE FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: JP Loumiet for EJL Partnership, Owner; Hemisphere Bank, Buyer.) 47. GRANT VARIANCES (FROM 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES) TO ALLOW (a) A HEIGHT OF 29'-2" (25'-0" MAXIMUM ALLOWED), (b) A FRONT YARD SETBACK OF 10'-0" (20'-0" MINIMUM REQUIRED), AND (c) A PROPOSED PAVED AREA OF 51.6% (40% MAXIMUM ALLOWED) PER ARTICLE 9, SECTION 908.10.1 DRIVEWAYS AND OFFSTREET PARKING -- FOR PROPOSED SINGLE FAMILY RESIDENCE AT 4465 SABAL PALM ROAD. 48. CONTINUED AGENDA ITEM PZ-8 (PROPOSED RESOLUTION SEEKING A SPECIAL EXCEPTION TO ALLOW NORTHWEST DADE CENTER INC. TO ASSUME OWNERSHIP TO CERTIFICATE OF USE NO. 105341 FROM THE SALVATION ARMY TO CONTINUE TO OPERATE A COMMUNITY BASED RESIDENTIAL FACILITY (CBRF) AT 250 N.W. SOUTH RIVER DRIVE -- URGE APPLICANT TO MEET WITH AREA RESIDENTS IN AN EFFORT TO REACH COMPROMISE. ORDINANCE 11238 3/27/95 ORDINANCE 11239 3/27/95 R 95-246 3/27/95 M 95-247 3/27/95 75-78 78-79 49. APPROVE PLAN FOR RESTRICTION OF VEHICULAR ACCESS TO CERTAIN STREETS IN SHORECREST NEIGHBORHOOD, AS VOTED BY RESIDENTS OF THE AREA, TO ALLOW RESIDENTS TO TAKE THEIR REQUEST BEFORE THE COUNTY COMMISSION -- IF REQUEST WERE TURNED DOWN BY COUNTY COMMISSION, ISSUE COMES BACK BEFORE CITY COMMISSION FOR FURTHER CONSIDERATION. R 95-248 3/27/95 50. DISCUSS AND REFER TO MANAGER DISCUSSION PROBLEM OF LEAKING ROOF AT NORTH 3/27/95 POLICE SUBSTATION. 51. GRANT SPECIAL EXCEPTION (FROM 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES) -- TO ALLOW A PRIMARY AND SECONDARY SCHOOL AT 600 N.W. 24 AVENUE, 619-621 N.W. 25 AVENUE, 2455 N.W. 6 STREET & 2480 N.W. 7 STREET -- ZONED R-2 TWO FAMILY -RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL -- SET TIME LIMIT OF 12 MONTHS IN WHICH BUILDING PERMIT MUST BE OBTAINED. (Applicant: La Progresiva Presbyterian School.) 52. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP, CHANGING LAND USE DESIGNATION AT 2537-2543 S.W. 11 STREET FROM DUPLEX RESIDENTIAL TO MULTIFAMILY MEDIUM -DENSITY. (Applicant: Jose E. & Maria J. Valdes.) 53. DENY PROPOSED FIRST READING ORDINANCE TO AMEND 11000 ATLAS, CHANGING DESIGNATION AT 2537-2543 S.W. 11 STREET FROM R-2 TWO- FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. (Applicant: Jose E. & Maria J. Valdes.) R 95-249 3/27/95 M 95-250 3/27/95 M 95-251 3/27/95 99-130 131-132 132-137 138-142 142-143 54. 11240) SECOND READING ORDINANCE: AMEND 11000 TEXT, SECTION 618, TO INTRODUCE / MAKE PROVISIONS FOR NEW MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING MINIMUM LOT SIZE OF 20,000 SQUARE FEET) ENTITLED SD-18.1. (Applicant: Planning, Building & Zoning Dept.) ORDINANCE 143-145 11240 3/27/95 i i 55. SECOND READING ORDINANCE: AMEND ORDINANCE 146-147 11000 ATLAS -- (1) DELETE SD-18 11241 (MINIMUM LOT SIZE OVERLAY 3/27/95 DISTRICT) AND SUBSTITUTE SD-18.1 (MINIMUM LOT SIZE OVERLAY DISTRICT) TO CERTAIN PROPERTIES IN COCONUT GROVE -- REQUIRE MINIMUM LOT SIZE OF 20,000 SQUARE FEET FOR: (a) LOTS CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE FEET) LOCATED WITHIN AREA BOUNDED BY S.W. 22 AVENUE (WEST), NATOMA STREET (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY) (NORTH), AND TIGERTAIL AVENUE (SOUTH); (b) LOTS CURRENTLY ZONED R-1 SINGLE- FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE j FEET) WITHIN AREA BOUNDED BY THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY (EAST), VIZCAYA MUSEUM AND GARDENS (WEST), SOUTH MIAMI AVENUE (NORTH), AND BISCAYNE BAY (SOUTH); AND (c) LOTS CURRENTLY ZONED R-1 SINGLE-FAMILY _ - - RESIDENTIAL - (MINIMUM _20,000_ - _ - SQUARE FEET) IN AREA -BOUNDED BY- - - S.W._ 27- AVENUE- (WEST)-, HALLISSEE _STREET -(EAST); TIGERTAIL AVENUE- _-(NORTR), AND SOUTH BAYSHORE-DRIVE -" ( SOUTH) ; _ AND (2) -- ADD SD-1-8 . 1- - - - M-INIMUM LOT -SIZE OVERLAY DISTRICT_- ( -MINIMUM- LOT SIZE-- 20-, 000- SQUARE FEET) --FOR UNPLATT-ED _: " PARCELS CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (MINIMUM 20,000 SQUARE FEET) IN AREA BOUNDED BY S.W. 27 AVENUE (WEST), RICKENBACKER CAUSEWAY AND FEDERAL HIGH (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY ) (NORTH), AND BISCAYNE BAY (SOUTH). (Applicant: Planning, Building & Zoning Dept.) 56. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) GOALS, OBJECTIVES AND POLICIES INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL USE PARAGRAPH -- TO INCLUDE SMALL SCALE LIMITED COMMERCIAL ACCESSORY USES. (Applicant: Planning, Building & Zoning Dept.) 57. SECOND READING ORDINANCE: AMEND 11000 TEXT -- ADD NEW SECTION 622 (SD-22 FLORIDA AVENUE SPECIAL DISTRICT) -- PROVIDE FOR INTENT AND EFFECT -- ESTABLISH ALLOWABLE USES AND DENSITIES -- ESTABLISH I REQUIREMENTS FOR PARKING / } LOADING -- REGULATE SIGNAGE -- PROHIBIT VARIANCES -- INCORPORATE DESIGN GUIDELINES / STANDARDS BY REFERENCE. (Applicant: Planning, Building & Zoning Dept.) 58. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION FOR PROPERTIES FRONTING FLORIDA AVENUE FROM MATILDA STREET TO MCDONALD STREET (EXCLUDING KIRK MUNROE PARK) FROM SINGLE FAMILY RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL. (Applicant: Planning, Building & Zoning Dept.) 59. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION FOR PROPERTIES FRONTING FLORIDA AVENUE FROM MATILDA STREET TO McDONALD STREET (EXCLUDING KIRK MUNROE PARK) FROM R-1 SINGLE FAMILY RESIDENTIAL TO SD-22 FLORIDA AVENUE SPECIAL DISTRICT. (Applicant: Planning, Building & Zoning Dept.) ORDINANCE 11242 3/27/95 ORDINANCE 11243 3/27/95 ORDINANCE 11244 3/27/95 ORDINANCE 11245 3/27/95 147-151 151 152-153 153 60. SECOND READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS), TO AMEND R-2 TWO FAMILY RESIDENTIAL ZONING DISTRICT IN ORDER TO DELETE PROVISION ALLOWING FOR LOTS WITH MORE THAN 5,000 SQUARE FEET, ONE ADDITIONAL DWELLING UNIT FOR EACH 2,500 SQUARE FEET, BY SPECIAL EXCEPTION ONLY. (Applicant: Planning, Building & Zoning Dept.) 61. SECOND READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- ALLOW RETAIL SPECIALTY SHOPS, INCLUDING RETAIL SALES OF BOATING / FISHING / DIVING / SWIMMING SUPPLIES / EQUIPMENT BY SPECIAL EXCEPTION WITHIN EXISTING WATERFRONT SPECIALTY RETAIL CENTERS WITHIN EXISTING PARKS, WITH OUTSIDE DISPLAY / SALES OF BOATS ONLY BY SPECIAL EXCEPTION APPROVED BY CITY COMMISSION. (Applicant: Planning, Building & Zoning Dept.) 62. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- PROHIBIT PLACEMENT OF DONATION COLLECTION BINS WITHIN ALL ZONING DISTRICTS. (Applicant: Planning, Building & Zoning Dept.) 63. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) R-1 SINGLE FAMILY AND R-2 TWO FAMILY RESIDENTIAL DISTRICTS, BY ALLOWING CHILD DAYCARE CENTERS WITH A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL EXCEPTION ONLY -- AMEND SECTION 936 BY MODIFYING CERTAIN GENERAL CHILD DAYCARE CENTER REQUIREMENTS. (Applicant: Planning, Building & Zoning Dept.) ORDINANCE 11246 3/27/95 ORDINANCE 11247 3/27/95 ORDINANCE FIRST READING 3/27/95 ORDINANCE FIRST READING 3/27/95 154-155 155-156 156-158 158-159 64. FIRST READING ORDINANCE: AMEND ORDINANCE 159-165 11000 TEXT, SECTION 609 (SD-9 FIRST BISCAYNE BOULEVARD NORTH OVERLAY READING DISTRICT) -- MODIFY REGULATIONS 3/27/95 PERTAINING TO DEMOLITION PERMITS / CHAIN LINK FENCES / SIGNAGE -- PROHIBIT HEALTH CLINCS / POOL HALLS / BILLIARD PARLORS / GAME ROOMS. (Applicant: Planning, Building & Zoning Dept.) 65. FIRST READING ORDINANCE: AMEND ORDINANCE 165-166 11000 TEXT, SECTION 401 (SCHEDULE FIRST OF DISTRICT REGULATIONS), G/I READING GOVERNMENT AND INSTITUTIONAL 3/27/95 ZONING DISTRICT, BY MODIFYING SIGN REGULATIONS. (Applicant: Planning, Building & Zoning Dept.) 66. ACCEPT SUPPLIES DONATED TO CITY R 95-252 167-168 OF MIAMI BY DADE COUNTY PUBLIC 3/27/95 SCHOOL SYSTEM -- DONATE SAID SUPPLIES TO WINNERS, INC. 67. ACCEPT HIGH IMPACT DRUG R 95-253 168-169 TRAFFICKING GRANT FOR $9,629 TO 3/27/95 PURCHASE THE LEAP SYSTEM. 68. VICE MAYOR PLUMMER COMMENTS ON DISCUSSION 169-170 VENDORS IN FRONT OF COCOWALK NOT 3/27/95 COMPLYING WITH CODE REQUIREMENTS AS TO CARTS, LOCATION OF CARTS, ETC. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th day of March, 1995, 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 2:38 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner Miller J. Dawkins Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS. (A) Presentation: "Key to the City" presented to Mr. Mongi Grira, Vice President of the Municipality of Sousse, Tunisia, and a member of Parliament. 1 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- 2. DISCUSSION CONCERNING PROPOSED PERFORMANCE AUDIT OF CITY OF MIAMI. Mayor Clark: Item number 1 on today's agenda, Mr. Willy Gort. Commissioner. Commissioner Gort: If you'll recall, you all gave me several months ago the... and I passed a memo to you all that you should have with you, the... to come out with an audit, a performance audit of the City of Miami. After getting together with several of the individuals, to really do an audit study on this, it would be about a half a million dollars. You got a copy of the memo that I sent to you all, stating what the... At the same time, we did a lot of reading, where we read most of the other places have been done in-house, and with the Manager, at the same time, with the Administration and with the unions, we're looking at the... reducing some of the present departments that we have. And for that reason, I participated in all the meetings that they had, what they have in the right -sizing of the different departments that we have today. Part of the decision that we had to make today is going to have to deal with that. The other decision is we got to wait until all this is put together, and if we vote in favor of all this, and right -sizing the City departments, then we need to put it... my suggestion is to put a committee together, representing one of each Commissioner, with certain criteria and guidelines that I will forward to you all, with one... if it's accepted by you all, with a representative from the Manager, to look at the different departments, and then do the audit in-house. Mayor Clark: All right. Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Dawkins: Commissioner Gort, on page 2, the last paragraph, it says you recommend that a committee of six members be constituted. Then you say to develop in conjunction with the City Manager. Then you come down and say that each Commissioner appoint a member, and that the Manager appoint a member. Is this still six members, or will the Manager make seven members? Commissioner Gort: It will be six; five from us, and one from the Manager. Commissioner Dawkins: Six members, period. Commissioner Gort: Period. Commissioner Dawkins: Thank you. Vice Mayor Plummer: Six total. Commissioner Gort: Six total, yes, sir. Mayor Clark: Yes. I read your memorandum, and it's excellent, Willy, and I thank you for that fine effort you put forward. Commissioner Gort: And by the way, I want to mention the individual that helped me in this. I think it's very important. The... Jeff Berkowitz and the other people on the team that put a 2 March 27, 1995 process, they put a Request for Proposals together. But after looking at it, it was Richard Berkowitz, Sharon Brown, Ron Thompkins and Corinne Brody. I mean, they were very helpful in drafting the RFP, but unfortunately, like I said, to really do a serious study, it's about a half a million dollars. At the same time, we're going through all this process, so I thought we'd wait and see. Mayor Clark: Thank you, Mr. Gort. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 3. APPROVE CARIBBEAN CAMBOULAY OF MIAMI INC. AS THE GROUP TO COORDINATE / HOLD THE CARIBBEAN CAMBOULAY 1995 EVENT -- CITY MANAGER TO MEET WITH REPRESENTATIVES OF SAID GROUP TO DETERMINE WHAT IN -KIND CITY SERVICES WILL BE REQUIRED AND MAKE ARRANGEMENTS FOR SAID GROUP TO COVER SAID EXPENSES. Mayor Clark: All right. Number 2, Mr. Dawkins, your request. Commissioner Dawkins: Mr. Ford. Mayor Clark: Caribbean Camboulay of Miami. Mr. Lincoln Ford: Yes, we are. Good afternoon, Commissioners. My name is Lincoln Ford. I reside at 3320 Northwest 177th Terrace, in Miami. I'm the president of Caribbean Camboulay of Miami, Incorporated. To my immediate right, I have eight of my members present. Actually, Commissioners, we are seeking to put on the Caribbean style festival in October. And in the past, we have recognized that there have been certain problems, and we feel that we have an opportunity now to elevate the level that the festival has reached to another step, and, hopefully, we are seeking the City's support in this matter. Commissioner Dawkins: Mr. Manager, do you have a recommendation on whether we should allow this group to have their affair, event or not? Mr. Cesar Odio (City Manager): I would recommend this group, provided we understand we don't want two groups; that is, the one group that's going to put the Caribbean... We had problems in the past with this festival, and if they are bringing a better organization, and provided they don't want any funds either - we told them no funds - that is fine. Mayor Clark: Funds are low. Commissioner Dawkins: OK. Mr. Odio: Funds are zero. Go right ahead, Mr. Plummer. Vice Mayor Plummer: Do we have any idea what in -kind City services are going to amount to? Mr. Odio: I don't know, but they have to sit down with us, if you approve this group, and work that out. But... 3 March 27, 1995 Mayor Clark: Today is the approval of the group. Is there a motion? Commissioner Dawkins: Move. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll, Madam Clerk. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 95-212 A MOTION DESIGNATING CARIBBEAN CAMBOULAY OF MIAMI AS THE GROUP THAT WILL BE RESPONSIBLE FOR HOLDING THE CARIBBEAN CAMBOULAY 1995 EVENT; FURTHER STIPULATING THAT SAID GROUP IS TO MEET WITH THE CITY MANAGER IN ORDER TO WORK OUT AND COME TO AN AGREEMENT AS TO WHAT CITY SERVICES WILL BE REQUIRED AND HOW THEY PLAN TO PAY FOR SAID SERVICES. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Thank you, sir. Mr. Ford: Thank you. 4 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- 4. AUTHORIZE THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT FOR USAGE OF OFFICE SPACE IN MANUEL ARTIME COMMUNITY CENTER TO LIONS HOME FOR THE BLIND, INC. (FOR $1 PER YEAR), -- STIPULATE THAT IF ADMINISTRATION CAN FIND AN ORGANIZATION TO TAKE OVER THE CENTER, LIONS HOME FOR THE BLIND MAY HAVE TO PAY RENT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Now we have about six new seats empty in the front, fellows. You can come up and sit down. Item number 3 is Mr. De Yurre, Commissioner De Yurre. Commissioner De Yurre: Yes. Mr. Mayor. As you well know, the Lions Home for the Blind has been using space over at Manuel Artime now for a number of years, and just like everybody else that is there, I would make a motion at this time that they be granted the use of the space for $1 a year, like they have in the past. Mayor Clark: Waiving... the fee is not to exceed 24 thou... What is this, Victor, in the letter? Commissioner De Yurre: Well, right now, it's... what they've always paid is like the $1, and just like them, there are others there that are in the same situation. So the work that they do is quite noble and needed in this community, and I would so move. Mayor Clark: Motion on the floor. Is there a second? Vice Mayor Plummer: I'll second for discussion. Mayor Clark: All right. Vice Mayor Plummer: My only question is, are we being premature here, Mr. Manager, in reference to the fact that you have indicated that you wanted to do something with the Artime Center? Mr. Cesar Odio (City Manager): Well, I would suggest you approve this, and once we... If we can find an organization that will take over the Artime Center by October 1st, then they have to deal with those rents. Vice Mayor Plummer: How about a rolling 90 days? Mr. Odio: Oh, don't make... Commissioner De Yurre: Well, let's keep them going till... Mr. Odio: Keep it going, and we can cancel in 30 days, Commissioner. Vice Mayor Plummer: OK. That's fine. Mr. Odio: Thirty days notice. Vice Mayor Plummer: That's fine. Mayor Clark: All in favor signify by saying "aye"; opposed, like sign. So ordered. 5 March 27, 1995 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-213 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO LIONS HOME FOR THE BLIND, INC., FOR USE OF SPACE AT THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 970 SOUTHWEST 1ST STREET, ROOMS 403-407, MIAMI, FLORIDA, SAID REVOCABLE PERMIT TO: (1) BE FOR AN INITIAL ONE-YEAR PERIOD, WHICH TERM MAY BE EXTENDED FOR ADDITIONAL ONE YEAR PERIODS UPON APPROVAL OF THE CITY MANAGER OR HIS DESIGNEE; (2) REQUIRE A FEE OF $1.00 ANNUALLY; AND (3) BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT; FURTHER WAIVING FEES, FOR USE OF SAID SPACE BY LIONS HOME FOR THE BLIND INC. PRIOR TO THE EXECUTION OF THE HEREIN REVOCABLE PERMIT, IN AN AMOUNT NOT TO EXCEED $24,000. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 5. ALLOCATE $3,900 FOR EMERGENCY REPAIR OF ALLAPATTAH CHILD DAY CARE CENTER ROOF. Commissioner De Yurre: Also, Mr. Mayor, on 3-A, as you well know, we had to do some emergency repair to the roof over at the Allapattah Child Daycare, and I believe it came in about $39,000. Mr. Ron Williams (Assistant City Manager): Thirty-nine hundred, Commissioner. Commissioner De Yurre: Thirty-nine hundred? Mr. Williams: Right. Commissioner De Yurre: OK. 6 March 27, 1995 Vice Mayor Plummer: Little difference. Little difference. Mayor Clark: And it's needed, right? Commissioner Dawkins: Move it. Commissioner De Yurre: I would so move. Commissioner Dawkins: I mean second. Mayor Clark: With no exception, cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-214 A RESOLUTION AUTHORIZING THE EMERGENCY REPAIR OF THE ROOF AT THE ALLAPATTAH CHILD DAYCARE CENTER; ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $3,900, FROM INDEX CODE NO. 450322, MINOR OBJECT 540, PROJECT NO. 450001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Thank you. 7 March 27, 19.95 ---------------------------------------------------------------------- - 6. AMEND 95-105 (APPROVAL OF LEASE / PURCHASE OF 230 1995 CHEVROLET CAPRICE PURSUIT VEHICLES, UNDER EXISTING DADE COUNTY CONTRACT NO. 3407-OEC-3, FROM ED MORSE CHEVROLET [$3,544,373.60), FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE) -- PURCHASE SAID VEHICLES WITH MONIES RECEIVED FROM SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 4. Is there a motion on item number 4? Do you want to speak on this, sir? Vice Mayor Plummer: Well, we have no choice but to say yes, because we've negotiated, and so I say yes. I move item 4. Mr. Cesar Odio (City Manager): It's that we're saving money here. We were going to lease the vehicles, Commissioner, and what we're doing is just... Mayor Clark: You wanted to amend this a little bit, didn't you? Mr. Odio: Yeah. We want to... On this one, all we want to do is change it from leasing to purchase, outright purchase, and we save a lot of money on this one. Mayor Clark: All right. What do you have to say? Short and sweet. Mr. Manuel Gonzalez-Goenaga: Well, this is the... With all due respect, and good afternoon, Commissioners and citizens who are present here today on a very important meeting. This is the consent agenda, and I would like to speak on 4, 5, 6... Vice Mayor Plummer: No, no, no. Mayor Clark: No, this is not the consent agenda. Commissioner Dawkins: No, no consent sir. Mayor Clark: Please. Vice Mayor Plummer: Regular agenda. Mr. Gonzalez-Goenaga: Oh, regular agenda. OK. Well, just regarding 4, we are... because if we take all this on its integrity, there is a lack of money. And then we are borrowing new cars, "capricious" cars, for the police, who should be in the old cars, so they do not have so much fun with the air condition, you see, and be on the streets protecting the citizens. Mayor Clark: Happens every day, folks, so don't worry about it. Mr. Gonzalez-Goenaga: Well, but let me tell you. To defend here in Miami, it's a... brings a bad odor, and I hope that next November, this whole thing will change, and I hope that all of the five Commissioners go. Unfortunately, only two go for re-election. 8 March 27, 1995 Mayor Clark: Thank you, sir. Mr. Gonzalez-Goenaga: Thank you very much. Mayor Clark: Mr. Cotera. Mr. Al Cotera: I'd just like to say that we'd like to make sure that we get the Caprices with air conditioning, so that when he takes a ride, he'll have plenty of leg room. Mayor Clark: All right. Is there a motion on the item? Vice Mayor Plummer: I made the motion. Commissioner Gort: Second. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-215 A RESOLUTION AMENDING RESOLUTION NO. 95-105, ADOPTED FEBRUARY 9, 1995, WHEREBY THE LEASE/PURCHASE OF 230 1995 CHEVROLET CAPRICE PURSUIT VEHICLES UNDER EXISTING DADE COUNTY CONTRACT NO. 3407- OEC-3, FROM ED MORSE CHEVROLET, AT A PROPOSED AMOUNT OF $3,544,373.60, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE WAS APPROVED; THEREBY PROVIDING FOR THE PURCHASE OF SAID VEHICLES WITH MONIES RECEIVED FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9 March 27, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 7. AMEND 95-195 (APPROVAL OF LEASE / PURCHASE OF 100 1995 CHEVROLET CAVALIERS FROM MAROONE CHEVROLET [$1,109,500], FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE) -- PURCHASE SAID VEHICLES WITH MONIES RECEIVED FROM SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Move 5. It's similar and same. Mr. Cesar Odio (City Manager): Same thing. Mr. Manuel Gonzalez-Goenaga: Just a reminder. Here we go again. But before, they were capricious caprices (sic) cars. Now, they are Cavaliers. And my old car is a... it's older than J. Plummer. I don't have money to maintain it, and I don't even have a credit card to charge a repair. Thank you. Mr. Odio: Mr. Mayor, I need to put this on the record, because, you know, everybody here listens to TV. Now, I have to, Commissioner. You know, you can get... He can say all he wants, all the time, but sometimes, so that it doesn't stick... We haven't trade... The employees of the City of Miami are sitting here. We haven't purchased a vehicle for the civilian workforce in ten years. In ten years. Vice Mayor Plummer: Call the roll. Mayor Clark: With no exception, Madam Clerk, cast a unanimous ballot. 10 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-216 A RESOLUTION AMENDING RESOLUTION NO. 95-195, ADOPTED MARCH 9, 1995, WHEREBY THE LEASE/PURCHASE OF ONE HUNDRED (100) 1995 CHEVROLET CAVALIERS FROM MAROONE CHEVROLET, AT A PROPOSED AMOUNT OF $1,109,500.00, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE WAS APPROVED; THEREBY PROVIDING FOR THE PURCHASE OF SAID VEHICLES WITH MONIES RECEIVED FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 8. AUTHORIZE MANAGER TO NEGOTIATE AN INTERLOCAL AGREEMENT WITH OKEECHOBEE COUNTY -- TO DISPOSE OF SOLID WASTE GENERATED BY RESIDENTS / BUSINESSES / FACILITIES WITHIN CITY OF MIAMI -- AT THE REGIONAL LANDFILL FACILITY OPERATED BY CHAMBERS WASTE SYSTEMS OF FLORIDA, INC. Mayor Clark: Item number 6. Vice Mayor Plummer: Mr. Mayor, as we all are aware, we've had some other things that have developed in this, and what I would like to do is at this time, make a motion that this be sent to the Manager for further negotiations, and bring it back to this Commission for final approval. Mayor Clark: With amendments. Mr. Cesar Odio (City Manager): May I just... What if... Could you authorize me to negotiate an agreement with both Dade County and Okeechobee County? Vice Mayor Plummer: Because I.want-you to do -even better than what's been offered now, and. I think you can do it. 11 March 27, 19.95 Commissioner Dawkins: Why do we need to negotiate with the County and Okeechobee? Mr. Odio: Sir, let me see how I can explain this. Metropolitan Dade County came to visit me last week... Vice Mayor Plummer: They came to their knees. Mr. Odio: ... Assistant County Manager, Dennis Carter. They explained to me that they are going to change the way they're doing business in the County. They need to cut back on expenses. They need to reduce the fees that they're charging to the municipalities. As you know, we went to Broward County at $44 while they were charging $68. In the meantime, their bond rating is suffering. What they have offered now for... if we are allowed to dump... and they have to amend their ordinances over there. If we are allowed to dump within Dade County, the County will receive a host fee, which is equivalent in this case that I have, in Medley, of $13.20 for every ton that we dump there. So we are, in fact, benefiting our own County, and we should. If we dump in Okeechobee County or in Reuters, they will... we will not benefit Metropolitan Dade County at all. And also, they're offering, as of this moment, a better price the first year, and maintaining the low price. And if I told you that, the figures that we have right now, that in the 23rd year, we would be paying $68, 23 years from now, which is what we were paying two years ago. And the price for next year that we have right now is $37, which is exactly $31 less a ton than we were paying two years ago, which is the equivalent of close to $8,000,000 in savings to us. Mayor Clark: Mr. De Yurre. Commissioner De Yurre: Mr. Mayor, to begin with, I would never be in favor of a resolution that authorizes the City Manager to negotiate and execute an interlocal agreement without coming to us first for approval. Mayor Clark: He didn't say that. Mr. Odio: You take the "execute" out. I will bring back what I feel is the most favorable agreement that we have, and you can vote it in or out. Vice Mayor Plummer: That's what I said. Commissioner De Yurre: OK. Well, I'm just, you know... Now, you're going to... You have already negotiated with this group from Okeechobee; is that correct? Mr. Odio: I have negotiated with both. Commissioner De Yurre: OK. Commissioner Gort: My understanding is they are here. Commissioner De Yurre: With the County also. Mr. Odio: Yes, sir. Commissioner De Yurre: OK. Then you're going to come back and present us both? Vice Mayor Plummer: No. I want him to negotiate more. 12 March 27, 1995 Mr. Odio: I will have to work out a detailed agreement. I have to wait for the County of Dade. They have to amend some ordinance over there. Commissioner De Yurre: They have something coming up in April now. Mr. Odio: In April 18th, I've been told they will have it all finalized... Commissioner De Yurre: OK. Now... Mr. Odio: ... so that they can enter into an agreement with us that would be favorable to the City. Commissioner De Yurre: Needless to be said, I would rather work out something with the County, because it's cooperation, provided that we get the best deal possible from them, number one. Additionally, we're in a situation wherein we're not pressed for time, and my understanding is that the contract that we have today pretty much runs until October. Mr. Odio: Well, the one thing we can do, if we enter into an agreement with the County, and once we comply with the 100,000 tons we have to deliver to Broward County, which would leave a balance of about 80,000 tons, we could start dumping in Medley as soon as May, June, this year, and you would save an additional $7 a ton on the 80,000 tons. Commissioner De Yurre: OK. Another point, in looking at that situation. It's my understanding there's a minimum requirement of 100,000 tons. Mr. Odio: For what we have now, yes. We have to dump 100,000 tons in Broward County. Commissioner De Yurre: So if we were to dump less, we'd have to pay them as if we were, anyway. Mr. Odio: Yes. That's why we cannot divert before we comply with the 100,000. Commissioner De Yurre: OK. Well, that is something that I would not like to see there, because I don't know what the future holds. You're talking about 23 years in the future. You know, chances are that J.L. may not be here. I don't know, he may still be here... Vice Mayor Plummer: Hey, speak for yourself. Commissioner De Yurre: Well, I expect to be here. ... to remind us of what happened. Mr. Odio: Well, I'm going to be in Havana, so. Commissioner De Yurre: But, certainly, all kidding aside, 100,000 tons guaranteed, I would rather not be in that position. Mr. Odio: Well, our flow is 180 to 200,000 tons a year. Mayor Clark: All right. Mr. Odio: That's our flow. Commissioner Gort: Mr. Mayor. Commissioner De Yurre: Now, additionally, what impact would this have on the contract that we have today with Bedminster? 13 March 27, 1995 Vice Mayor Plummer: Hey. Mr. Odio: No. This is secondary to Bedminster. Bedminster won't be in line. If they get in line, it will be three years. So we are guaranteed a price of no more than $38 for the next three years. If Bedminster comes in line, then we are bound to their contract. And if Bedminster should fail along the way, we have this as a backup. Commissioner Gort: I'd like to... Commissioner Dawkins: I yield to Willy, then. Mayor Clark: Mr. Gort. Commissioner Gort: My understanding is some of the people have been negotiating for quite a while here, and they're here today present. I'd like to hear from them, if possible. Commissioner Dawkins: OK. Before, Mr. Mayor... You know, Mr. Manager, I respectfully disagree with you. Mr. Odio: That's normal. Commissioner Dawkins: Yeah, but if I had three damn disagreements, it would be very normal. Mr. Odio: Thank God! Commissioner Dawkins: That's right. OK. Now, let's go from there. The County was a pain in the neck. The County refused every effort by you to negotiate with them. You offered all kinds of incentives to them, to try to work collectively with them, in order to pick up the garbage and what have you, and they refused to cooperate with you. Now, you go and negotiate, and enter into an agreement with a company. They come in on face value, and tell you, here is my proposal. I'm going to do this for you, when the County all the time, is telling us, no, we aren't going to do this. And then you take their plan and go to the County, and tell the County, here, you match this. Mr. Odio: No, I didn't do that. Commissioner Dawkins: And now, all of a sudden... Mayor Clark: Please, please. Commissioner Dawkins: Now, all of a sudden, the County is benevolent, and now, they're going to do this and all. Now, the one that we just have, the interlocal, it says a fixed fee for 23 years. The one you're bringing me from the County says $37 a ton for the initial year, $38 thereafter, subject to a three percent increase each year, beginning the third year. So that is not $38 a year for 23 years. That's $38 a year, plus three percent increase on each increase of the 23 years. Mayor Clark: Mr. Dawkins, in all fairness... Mr. Odio: Well, if... You remember I said that... Mayor Clark: Please, please. In all fairness, he did not go to the County. The County came to his office. I was there when it happened. The call came in, and they said, we'd like to sit down and talk. Insofar as anything you have there in hand, that isn't from the County. That's from a waste organization. You understand? It has the County stamp on it? 14 March 27, 1995 Commissioner Dawkins: Yes. Mayor Clark: No? Vice Mayor Plummer: My motion is to send it to the Manager, and negotiate, and bring it back. Mr. Odio: Just to clarify, Mr. Mayor... Mayor Clark: This resolution we're about to pass gives him the authority to at least go out and negotiate - not execute - and bring it back to the Commission for our... Vice Mayor Plummer: Hey, that's my motion. Mayor Clark: ... and that's all we're doing here today, just moving in that direction. Can I get a vote on that? Vice Mayor Plummer: I moved it. Mayor Clark: Is there a second? Call the roll. Vice Mayor Plummer: And, Mr. Manager, just for your information, I'm looking for you to come back with a better price than what you got so far. Mayor Clark: It may happen. Call the roll. Vice Mayor Plummer: That's right. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-217 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND CONSISTENT WITH THE TERMS AND CONDITIONS OUTLINED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, WITH OKEECHOBEE COUNTY, FLORIDA, TO DISPOSE OF SOLID WASTE GENERATED BY RESIDENTS, BUSINESSES AND FACILITIES WITHIN THE CITY OF MIAMI AT THE REGIONAL LANDFILL FACILITY OPERATED BY CHAMBERS WASTE SYSTEMS OF FLORIDA, INC.; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE RESULTS OF SAID NEGOTIATIONS TO THE CITY COMMISSION FOR REVIEW AND CONSIDERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 15 March 27, 1995 Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. ------------------------------------------------------- --------------------------------------------- ------------ 9. ACCEPT PLAT: ST. JAMES AT BRICKELL. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 7. St. James Brickell Subdivision, City of Miami, subject to... Vice Mayor Plummer: Any problems, Wally? Mr. Wally Lee (Assistant City Manager): No, sir. Everything is in order, meets all the requirements. Vice Mayor Plummer: Any objectors? I move item 7, Mr. Mayor. Mayor Clark: Is there a second? Vice Mayor Plummer: Plat is entitled... matter of right. Commissioner Gort: I second. Mayor Clark: Second? Commissioner Gort: Yes. Mayor Clark: Call the roll. 16 March 27, 1995 f i i The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-218 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED ST. JAMES AT BRICKELL, 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 Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 10. (A) AUTHORIZE MANAGER TO SUBMIT A PROPOSAL FOR FISCAL YEAR 1996 STORMWATER MANAGEMENT PARTNERSHIP PROGRAM COOPERATIVE COST -SHARE AGREEMENTS ($400,000) -- TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT -- FOR RETROFITTING OF STORM SEWERS IN THE LITTLE RIVER DRAINAGE BASIN IN CITY OF MIAMI. (B) DISCUSSION OF HIGH SEWAGE RATE -- REQUEST TONY CLEMENTE TO EXPLAIN RATE ON PUBLIC TELEVISION. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 8. Vice Mayor Plummer: Mr. Manager... Commissioner Gort: So move. Mr. Cesar Odio (City Manager): This is a grant. This is the recipient of a grant. Mr. Odio: All right. Second the motion for discussion. Mr. Manager, I'm getting a lot of calls on this, and I think you need to go on Cable 9 and explain to people. Let me just give you an example. At lunch today, water bill, $54, sewer bill, $77... 17 March 27, 1995 Mayor Clark: That's the County. Vice Mayor Plummer: ... plus $10 for the sanitary storm sewers. I think you need to know, or the people need to know what they're paying and why, when their sewage bill is much higher than their water bill. This is a one -bedroom apartment that this lady has. She's retired, and her bill is $155. OK? It is extremely high. Now, you know, I don't know that you can help her out, and I'm not asking you to. But I think you need to go on the cable and say, hey, citizens, here is the reason. OK? Mayor Clark: No, better than that, J.L., I think you could get Tony Clemente, who is the director of the Water and Sewer Department to go on television and tell them because of the new sewer line and things, where the increase in sewage went up way over water. I think it's beyond comprehension. I get the same kind of bill. Yes, Wally. Mr. Lee: It's three to one now, compared to years ago, where your water bill was higher than your sewer bill. Mayor Clark: Yes. All right, on this item. Vice Mayor Plummer: I moved... seconded it. Mr. Manuel Gonzalez-Goenaga: May I say something? Vice Mayor Plummer: Of course. Mayor Clark: You can say something. Mr. Gonzalez-Goenaga: In addition to the questions of Mr.... Commissioner Plummer, I have another question. Where does that money go? Because I read an article in the New Times recently that they... This special fund that I receive at the end of my water bill, they play games with that fund. That's what New Times say, not the Miami Herald, the New Times, on a very extensive and detailed article. Where, why, and where does... Is that money in escrow, or it's used to balance the credit cards account? Thank you, sir. Mayor Clark: The what account? Vice Mayor Plummer: The credit card. Commissioner Dawkins: Police cars, the police cars. Mr. Gonzalez-Goenaga: Credit card account that you all have. Mayor Clark: Motion and a second. Any objecting votes? Hearing none, cast a unanimous ballot. 18 March 27, 1995 0 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-219 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL FOR FISCAL YEAR 1996 STORMWATER MANAGEMENT PARTNERSHIP PROGRAM COOPERATIVE COST -SHARE AGREEMENTS, IN THE AMOUNT OF $400,000, TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE RETROFITTING OF STORM SEWERS IN THE LITTLE RIVER DRAINAGE BASIN IN THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. --------------------------------- •------------------------------------------------------------------------- 11. RATIFY MANAGER'S ACTION INSTRUCTING DEPARTMENT OF PARKS & RECREATION TO ISSUE A PARK PERMIT (FOR A TOTAL FEE OF $15,000) TO METROPOLITAN DADE COUNTY -- FOR USE OF VIRGINIA KEY BEACH AND, IN CASE OF OVERFLOW, THE MARINE STADIUM PARKING LOT -- FOR PARKING CONCERNING THE 1995 LIPTON TENNIS TOURNAMENT (MARCH 17-26, 1995). Mayor Clark: Item 9. Commissioner Gort: Move it. Vice Mayor Plummer: I'll second it. I hope that next year, they can negotiate a little bit better deal. Mr. Odio: This is the first time they paid something, so. Vice Mayor Plummer: No. Mayor Clark: Anybody objecting? Hearing none, cast a unanimous ballot. 19 March 27, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-220 A RESOLUTION RATIFYING THE CITY MANAGER'S ACTION INSTRUCTING THE DEPARTMENT OF PARKS AND RECREATION TO ISSUE A PARK PERMIT FOR A TOTAL FEE OF $15,000.00 TO METROPOLITAN DADE COUNTY FOR THE USE OF VIRGINIA KEY BEACH AND, IN THE CASE OF AN OVERFLOW, THE MARINE STADIUM PARKING LOT, FOR PARKING IN RELATION TO THE 1995 LIPTON TENNIS TOURNAMENT FOR THE PERIOD OF MARCH 17, 1995 THROUGH MARCH 26, 1995. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 12. ACCEPT DONATION OF FOUR 65-PASSENGER CONVENTIONAL BUSES FROM DADE COUNTY PUBLIC SCHOOLS -- FOR DEPARTMENT OF PARKS & RECREATION AND DEPARTMENT OF POLICE EXPLORER PROGRAM -- EXECUTE NECESSARY DOCUMENTS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 10. Vice Mayor Plummer: Move it. Commissioner Gort: Second. Mayor Clark: Donation of four 65-passenger conventional buses from Dade County Public Schools, Department of Parks and Recreation. You better repaint them. Are you going to repaint them? Mr. Alberto Ruder: Yes. Mayor Clark: OK. Motion and a second. Any exception? Hearing none, cast a unanimous ballot. 20 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-221 A RESOLUTION ACCEPTING THE DONATION OF FOUR (4) 65-PASSENGER CONVENTIONAL BUSES FROM DADE COUNTY PUBLIC SCHOOLS FOR THE DEPARTMENT OF PARKS AND RECREATION AND THE DEPARTMENT OF POLICE EXPLORER PROGRAM; 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 Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 13. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 40-225, 40-238 AND 40-239 -- ENHANCE BENEFITS ONLY FOR MEMBERS OF AFSCME BARGAINING UNIT WHO ARE MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, BY (a) INCREASING RETIREMENT ALLOWANCE, (b) ESTABLISHING RULE OF 64 RETIREMENT, AND (c) ADDING A NEW DEFINITION. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 11. Item 11. Vice Mayor Plummer: Mr. Mayor, I think if no one wants to speak on any of these issues, I had my questions answered successfully today in all of these issues. Now, as far as I'm concerned, whenever we're ready, unless somebody has a major objection to the agenda items, I am ready to move them, bap, bap, bap. Mayor Clark: All right. Is that... Vice Mayor Plummer: Now, I don't want to do that to preclude anybody from having the right to speak. Mayor Clark: Well, we're going to... Vice Mayor Plummer: In such time as everybody has had their say, I am ready to make the motions. 21 March 27, 1995 Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: What I would like to do, I, likewise, have been reading this for quite a bit, and I've participated in some of the process in here, and I have all my questions answered, too. But I think for the benefit of those who are sitting here, and for the benefit of those who are watching this program, we should allow staff to make their recommendation, their presentation, and then I think we should go into it, if everybody agrees. Mayor Clark: Well, if they want to make a presentation... I don't think it's necessary, but if they want to... What do you have to say? Mr. Manuel Gonzalez-Goenaga: Well, I am Mr.... Mayor Clark: Please. And after this... Mr. Gonzalez-Goenaga: Manuel Gonzalez-Goenaga... Mayor Clark: After this, you're limited to 30 seconds. Mr. Gonzalez-Goenaga: Pardon me, excuse me. Mayor Clark: You're limited to 30 seconds. Now, every time, you... Mr. Gonzalez-Goenaga: Manny Gonzalez. I reside in 2469 Southwest 14th Street, Miami, Florida. I'm a resident of the City of Miami, a disgruntled taxpayer, and I am just going to take all these things in an integral part. Are you prepared, Mr. Odio, to hear what I'm going to say? Friends, Miamians, and countrymen, I do not come to bury Cesar. He is burying himself. The fault, dear Brutus, lies not in our stars, not... Mayor Clark: You got one minute. You got one minute, and you'll sit down. You hear me? Mr. Gonzalez-Goenaga: Not... no, less. That's why I speak in proverbs. Mayor Clark: You better speak properly. Mr. Gonzalez-Goenaga: The fault, dear Brutus, lies not in our stars, but in ourselves. Dissent in this Commission is considered bad form. Remember, Commissioners, a small leak can sink a great ship, and Miami is not a great ship. And to finish, the chief executive officer of a publicly - owned company would be sent to prison if he manages the corporation the way Mr. Odio is, has been, and will manage this un-American City of Miami. Thank you very much. Mayor Clark: Thank you for your comments. Item 11. Vice Mayor Plummer: I guess I've got a problem, Mr. Mayor. If we came here to bury Cesar, I'd be in a conflict of interest. Mr. Odio: I want to go with you. Vice Mayor Plummer: I move item 11. Mayor Clark: Is there a second? Where is Willy? Willy, where did you go? 22 March 27, 1995 Vice Mayor Plummer: I withdraw my motion. Due to the lack of interest, today has been cancelled. Mr. Manager... Mr. Mayor, you want to take up a pocket item while we're waiting? You got to have him here. Mayor Clark: I know it. A pocket item, Mr. Plummer. Vice Mayor Plummer: I mean, just to take up space. Here he comes, here he comes. Mayor Clark: Item number 11. Vice Mayor Plummer: I move it. Commissioner Gort: Second. Mayor Clark: All right. Call the roll. Call the roll, Madam Clerk. A. Quinn Jones, III, Esq. (City Attorney): As amended. Mayor Clark: As amended. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTIONS 40-225, 40-238, AND 40-239 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ENHANCING BENEFITS ONLY FOR MEMBERS OF AFSCME BARGAINING UNIT WHO ARE MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST BY INCREASING THE RETIREMENT ALLOWANCE, ESTABLISHING RULE OF 64 RETIREMENT, AND BY ADDING A NEW DEFINITION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins I•\: - h-S None. 23 March 27, 1995 Whereupon the Commission on motion of Vice Mayor Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11234. 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 DURING ROLL CALL: Vice Mayor Plummer: For the record, I have always stated, and I'll state again, I don't like voting on emergency matters, but when this one is put forth in the way that it is, I have to vote for it, and I vote yes. ---------------------------------------------------------------------------------------------------------------- 14. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 40-200, 40-211 AND 40-212 -- ENHANCE BENEFITS FOR MEMBERS OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, BY (a) INCREASING THE RETIREMENT ALLOWANCE PERCENT, (b) ADDING NEW DEFINITIONS, AND (c) ADDING A NEW PROVISION FOR PURCHASE OF SERVICE CREDIT UPON PAYMENT OF CONTRIBUTIONS BY MEMBER. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 12. Vice Mayor Plummer: I move 12. Mayor Clark: Item 12. Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll. No, read the ordinance. Call the roll. 24 March 27, 1995 An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTIONS 40-200, 400-211 AND 40-212 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ENHANCING BENEFITS FOR MEMBERS OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST BY INCREASING THE RETIREMENT ALLOWANCE PERCENT, ADDING NEW DEFINITIONS, AND BY ADDING A NEW PROVISION FOR PURCHASE OF SERVICE CREDIT UPON PAYMENT OF CONTRIBUTIONS BY MEMBER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. Whereupon the Commission on motion of Vice Mayor Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11235. 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. Vice Mayor Plummer: Mr. Mayor, let me add in here that all of these items which will be related to the incentive program must carry the wording that subject to the approval of the State of Florida, which does reserve the right, in pension matters, to reserve that right. Mr.Odio: Sure. Vice Mayor Plummer: So it has to be in accord with that. Mr. Odio: Yes, sir. Mayor Clark: No problem. 25 March 27, 1995 -- -------'-------------'---------------------------------------------------------------------------------- 15. AUTHORIZE MANAGER TO AMEND ARTICLES 4 AND 8, AND EXECUTE NEW ARTICLE ON "RETIREMENT INCENTIVE", IN AND FOR THE COLLECTIVE BARGAINING AGREEMENT WITH MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO (OCTOBER 1, 1993 - SEPTEMBER 30, 1995). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: I move item 13. Mayor Clark: No, it's been withdrawn. Vice Mayor Plummer: No, 14. Commissioner Gort: Fourteen. Mayor Clark: Fourteen. Vice Mayor Plummer: I move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll. Give me an ordinance. Vice Mayor Plummer: Read 14. Mayor Clark: Fourteen. Vice Mayor Plummer: It's a resolution. I move 15. Mayor Clark: Cast a unanimous ballot on 14. Commissioner Dawkins: No. I object, no. Four to one. Mayor Clark: Four to one. That's a good score. 26 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-222 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY MANAGER TO AMEND ARTICLES 4 AND 8, AND EXECUTE A NEW ARTICLE ON "RETIREMENT INCENTIVE," IN SUBSTANTIALLY THE ATTACHED FORM, IN AND FOR THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 1993 TO SEPTEMBER 30, 1995, UPON THE TERMS AND CONDITIONS SET FORTH IN ARTICLES 4 AND 8, AS AMENDED, AND THE NEW ARTICLE, WHICH ARE ATTACHED HERETO AND INCORPORATED BY REFERENCE INTO SAID COLLECTIVE BARGAINING AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 16. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1907, AFL-CIO (OCTOBER 1, 1995 - SEPTEMBER 30, 1998). Mayor Clark: Fifteen. Vice Mayor Plummer: I move it. Mayor Clark: Is this an ordinance? Vice Mayor Plummer: No, a resolution. Commissioner Gort: A resolution. Accepting the... Mayor Clark: Call the roll. 27 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-223 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES' AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998, UPON THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. ----------------------------------------------------------------------------------------------------------------- 17. AUTHORIZE MANAGER TO AMEND ARTICLE 41 IN AND FOR COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE (FOP), LODGE NO. 20 (OCTOBER 1, 1993 - SEPTEMBER 30, 1995). Mayor Clark: Item number 16. Vice Mayor Plummer: Move 16, a resolution. Mayor Clark: A resolution, 16. Moved and seconded. Call the roll. 28 March 27, 1995 The following; resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-224 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY MANAGER TO AMEND ARTICLE 41, IN SUBSTANTIALLY THE ATTACHED FORM, IN AND FOR THE COLLECTIVE BARGAINING AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE, LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 1993 TO SEPTEMBER 30, 1995, UPON THE TERMS AND CONDITIONS SET FORTH IN ARTICLE 41, AS AMENDED, ATTACHED HERETO AND INCORPORATED BY REFERENCE INTO SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following; vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 18. AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH FRATERNAL ORDER OF POLICE (FOP), LODGE NO. 20 (OCTOBER 1, 1995 - SEPTEMBER 30, 1998). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Move 17. Mayor Clark: Seventeen. Commissioner Gort: Second. Mayor Clark: Moved and seconded. Call the roll. 29 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-225 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998, UPON THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. -------------------------------------------- ------------------------------------------------------------------- 19. AUTHORIZE MANAGER TO AMEND ARTICLE 43 IN AND FOR COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 587, AFL-CIO (OCTOBER 1, 1993 - SEPTEMBER 30, 1995). Vice Mayor Plummer: Move 18. Mayor Clark: Eighteen has been moved. Seconded by Mr. Gort. Call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-226 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND AUTHORIZING THE CITY MANAGER TO AMEND ARTICLE 43, IN SUBSTANTIALLY THE ATTACHED FORM, IN AND FOR THE COLLECTIVE BARGAINING AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 587, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 1993 TO SEPTEMBER 30, 1995, UPON THE TERMS AND CONDITIONS SET FORTH IN ARTICLE 43, AS AMENDED, ATTACHED HERETO AND INCORPORATED BY REFERENCE INTO SAID AGREEMENT. 30 March 27, 1995 2� i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. ------------------------------------------------ --------------------------------------------------------------- 20. (A) AUTHORIZE MANAGER TO ENTER INTO COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 587, AFL-CIO (OCTOBER 1, 1995 - SEPTEMBER 30, 1998). (B) COMMISSIONER DAWKINS REQUESTS A DISCUSSION ITEM TO BE SCHEDULED IN CONNECTION WITH EARLY RETIREMENT INCENTIVES PASSED BY THE COMMISSION, WHICH HE BELIEVES ARE NOT IN BEST INTEREST OF TAXPAYERS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Move 19, which is the final one. Mayor Clark: Call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-227 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 587, AFL-CIO, FOR THE PERIOD OF OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998, UPON THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 31 March 27, 1995 Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: Commissioner Dawkins: Mayor. Mayor Clark: Yes, sir. None. Commissioner Dawkins: I'd like special permission to have an item scheduled for discussion at a Commission level, because I do not believe that what we just passed, in my opinion, is in the best interest of the citizens and the taxpayers of the City of Miami, and I think the only way I can get the answers to the questions that I'd like to have would be in a formal meeting of the Commission, and I would ask... I would respectfully ask you to schedule this as a meeting where I can bring forth the questions that I have and get answers. Mayor Clark: I'd be happy to, but it will be after the 15th of April. Commissioner Dawkins: It can be in July or September. Mayor Clark: All right. Fine. Commissioner Dawkins: It just cannot be in August, because we are in recess, sir. Mayor Clark: All right, fine. Commissioner Dawkins: It can be in December. Vice Mayor Plummer: Huh? December? Mayor Clark: It would be my pleasure. Commissioner Dawkins: Thank you, sir. Mayor Clark: Now, let me finalize this, now. I personally want to thank you and your leaders for the fine determination... Some of you may have voted for it, some of you may have voted against it. I believe, and I think the colleagues that did vote for it believe it's in your best interest, this opportunity at the present time. When I became the Mayor, I said, we want to restore decorum, financial stability, and a future for this great City, and I think this is the greatest step we could ever take. But personally, I want to thank all of you, and especially the Sanitation workers. They did a fantastic job. They gave up a lot, they're working twice as hard now, but they're going to be awarded in the final approach. But each and every one of you, on behalf of my colleagues, I want to thank you for the work that you've done, the time that you've spent with the Manager in hammering this all out. It didn't happen overnight. Over a period of months. It took an awful lot of deliberation, and your conscience, and your input made this a - reality here -today. So on .behalf of my colleagues, thank you from the . bottom of ' our hearts. Thank you -very much, 32 . _ March 27, 19.95 (APPLAUSE) ---------------------------------------------------------------------------------------------------------------- 21. APPROVE USE OF FLAGLER DOG TRACK PARKING LOT FOR ANNUAL NATIONAL FAIR OF THE CUBAN MUNICIPALITIES IN EXILE (APRIL 6- 9, 1995) -- DECLARE THAT THE FAIR SHALL NOT BE CONSIDERED AS ONE OF THE TWO ALLOWED EVENTS PER YEAR FOR ACTIVITIES OF THIS TYPE. Vice Mayor Plummer: Mr. Mayor, I move item 21. Commissioner De Yurre: Second. Mayor Clark: Twenty-one. With no exception, cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-228 A RESOLUTION RELATED TO THE CUBAN MUNICIPALITIES FAIR TO BE CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ON APRIL 6-9, 1995, ON THE GROUNDS OF THE FLAGLER DOG TRACK, AUTHORIZING THAT SAID FAIR SHALL NOT BE CONSIDERED AS ONE OF THE TWO TEMPORARY SPECIAL EVENTS PERMITTED PER SITE PER YEAR PURSUANT TO SECTION 906-9 OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER, WAIVING POLICE DEPARTMENT SURCHARGE FEES FOR SAID EVENT; CONDITIONING SAID AUTHORIZATION AND WAIVER UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY ION THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Vice Mayor Plummer: Twenty-two, we can't handle it until five o'clock, and thereafter. 33 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- 22. ALLOCATE $2,000 IN SUPPORT OF COMMEMORATIVE SERVICE AT CITY CEMETERY, TO BE CONDUCTED BY DADE HERITAGE DAYS AFRICAN-AMERICAN COMMITTEE (APRIL 1, 1995). Vice Mayor Plummer: Do you want to do... Commissioner De Yurre: Pockets. Vice Mayor Plummer: ... pockets, yeah. Whenever you're ready, Mr. Mayor, I have two pockets. Mayor Clark: You got a pocket? Vice Mayor Plummer: Are we ready for pockets? The first one, Mr. Mayor, to my colleagues. Mayor Clark: Yes. Vice Mayor Plummer: A resolution allocating an amount not to exceed $2,000 from the Special Funds Programs account in support of the commemorative service of the City Cemetery to be conducted by the Dade Heritage Days African -American Committee April 1, 1995; conditioning said allocation upon compliance with any conditions and limitations as may be prescribed by the City of Miami. I so move. Mayor Clark: Is there a second? Any exception? No exception, cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-229 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, IN SUPPORT OF A COMMEMORATIVE SERVICE AT THE CITY CEMETERY, TO BE CONDUCTED BY THE DADE HERITAGE DAYS AFRICAN-AMERICAN COMMITTEE ON APRIL 1, 1995; CONDITIONING SAID ALLOCATION UPON COMPLIANCE WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 34 March 27, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 23. APPROVE PARTIAL USE OF CERTAIN DOWNTOWN STREETS / THOROUGHFARES DURING GLOBAL RELEA.F EARTH DAY WALK FOR TREES, CONDUCTED BY A.MERICAN FORESTS, IN CONJUNCTION WITH THE MIAMI RUNNERS CLUB AND 21 LOCAL CIVIC AND ENVIRONMENTAL ORGANIZATIONS (APRIL 22, 1995). Vice Mayor Plummer: The next one is a resolution endorsing and approving the partial use of certain streets and thoroughfares of downtown Miami during the Global Relief Earth Day Walk for Trees to be conducted by American Forest in conjunction with Miami Runners Club and the 21 local civic and environmental organizations on April 22, 1995, subject to the issuance of permits by the Department of Police and Fire Rescue; authorizing the Police Department to control traffic flow on the streets to be utilized as part of the race course; conditioning all approvals and authorizations herein upon organizers paying for all necessary cost of City services and fees associated with said event, and obtaining insurance to protect the City in the amount as prescribed by the City Manager or his designee. It has been approved by the Police Department, and I so move. Mayor Clark: Second? Willy seconds it. Cast a unanimous ballot, Madam Clerk. 35 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-230 A RESOLUTION ENDORSING AND APPROVING THE PARTIAL USE OF CERTAIN STREET AND THOROUGHFARES IN DOWNTOWN MIAMI DURING THE GLOBAL RELEAF EARTH DAY WALK FOR TREES, TO BE CONDUCTED BY AMERICAN FORESTS IN CONJUNCTION WITH THE MIAMI RUNNERS CLUB AND 21 LOCAL CIVIC AND ENVIRONMENTAL ORGANIZATIONS ON APRIL 22, 1995, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE -RESCUE; FURTHER, AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW ON THE STREETS TO BE UTILIZED AS PART OF THE RACE COURSE; CONDITIONING SAID APPROVALS AND AUTHORIZATIONS UPON THE ORGANIZERS PAYING FRO ALL NECESSARY COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 24. DIRECT MANAGER TO REINITIATE PROCESS OF REVISING PLANNING AND ZONING BOARD REGULATIONS AND ESTABLISHING REGIONAL ZONING BOARDS -- DIRECT CITY ATTORNEY TO PREPARE APPROPRIATE LEGISLATION. Mayor Clark: What's the other one? Is that all, J.L.? Vice Mayor Plummer: That's all. Mayor Clark: Mr. Gort. Commissioner Gort: I got a pocket item. Mayor Clark: Well, I... 36 March 27, 1995 1. 1 Commissioner Gort: I yield to the rest of my colleagues. Mayor Clark: Let me read this one. Commissioner Dawkins: I got three. Mayor Clark: Go ahead. Commissioner Dawkins: No, go ahead, Mr. Mayor. Mayor Clark: A resolution authorizing and directing the City Manager to reinitiate the process revising Planning and Zoning Board regulations, and establishing regional Zoning Boards in the City of Miami to expedite said process, based upon the Administration's efforts in 1994 on the same subject, and in conjunction with the City Attorney's Office, prepare appropriate legislation for consideration by the Commission. I move it. Vice Mayor Plummer: This is just a study, Mr. Mayor? Mayor Clark: Yes, it is. It's directed to initiate... reinitiate the process. Second? Commissioner Gort: Second. Vice Mayor Plummer: Mr. Mayor, I'll second the motion. I just... I have to go on the record that we've done this, we went through this process once before, and I think that what we ought to do is pick up on what we had before. But to study it and bring it back to the City Commission is all right with... Mayor Clark: For some final action. Vice Mayor Plummer: Yeah, I hear you. Mayor Clark: All right. Cast a unanimous ballot then, Madam Clerk, if there's no exception. 37 March 27, 1995 The following resolution was introduced by Mayor Clark, who moved its adoption: RESOLUTION NO. 95-231 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REINITIATE THE PROCESS OF REVISING PLANNING AND ZONING BOARD REGULATIONS AND ESTABLISHING REGIONAL ZONING BOARDS IN THE CITY OF MIAMI; TO EXPEDITE SAID PROCESS BASED UPON THE ADMINISTRATION'S EFFORTS OF 1994 ON THE SAME SUBJECT; AND, IN CONJUNCTION WITH THE CITY ATTORNEY'S OFFICE, PREPARE APPROPRIATE LEGISLATION FOR CONSIDERATION BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ------------------- ----------------------------------------------------------- ---------------------------------- 25. PURCHASE: (a) 100 SMART SIREN LIGHT BARS (UNDER EXISTING CITY OF ST. PETERSBURG BID NO. 4151) -- FROM MORAN EQUIPMENT CORP. ($55,829), AND (b) 100 CAGES (UNDER EXISTING PALM BEACH COUNTY SHERIFF'S BID NO. 94-0824-136) -- FROM LAW ENFORCEMENT SUPPLY COMPANY ($25,788) -- TOTAL EXPENDITURE $81,628 -- FUNDING AVAILABLE FROM SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: And the other one is a... hold it, hold it. A resolution authorizing the purchase of 100 Smart Siren light bars under the existing City of Saint Petersburg bid from Moran Equipment in the amount of $55,829. Vice Mayor Plummer: Move it. Mayor Clark: Is there a second? Commissioner Dawkins: Second. Commissioner De Yurre: Second. 38 March 27, 1995 P«:. Mayor Clark: With no exception, cast a unanimous ballot. Here. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-232 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE HUNDRED (100) SMART SIREN LIGHT BARS, UNDER AN EXISTING CITY OF ST. PETERSBURG BID NO. 4151, FROM MORAN EQUIPMENT CORP. IN THE AMOUNT OF $55,829.00 AND ONE HUNDRED (100) CAGES, UNDER AN EXISTING PALM BEACH COUNTY SHERIFF'S BID NO. 94-0824-136, FROM LAW ENFORCEMENT SUPPLY COMPANY IN THE AMOUNT OF $25,799.00 FOR A TOTAL PROPOSED AMOUNT OF $81,628.00; ALLOCATING FUNDS THEREFOR FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 26. DISCUSSION CONCERNING PROPOSED RESOLUTION TO AUTHORIZE PURCHASE OF 30 VEHICLES (FROM EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-95-1) -- FROM (a) MAROONE CHEVROLET ($266,514), (b) GARBER BUICK ($30,314), AND (c) JERRY HAM CHEVROLET ($183,118) -- TOTAL EXPENDITURE $479,946 -- FUNDING AVAILABLE FROM SUNSHINE STATE GOVERNMENTAL FINANCING REVENUE NOTES. (See label 37) Mayor Clark: All right. Mr.... Commissioner Dawkins: OK. Mr. Mayor, I got Mr.... A resolution authorizing the purchase of 30 vehicles from an existing - where is Mr. Goenaga? - from Maroone Chevrolet, in the amount of $266,000; Garber Buick, in the amount of $30,000; Jerry Ham Chevrolet, in the amount of $183,000, and for a total of $479,946. Funding is available from the Sunshine State Government Finance Committee, and I so move. 39 March 27, 1995 Mayor Clark: Is there a second? Vice Mayor Plummer: Wait, wait a minute. I'm sorry. What is it? Mr. Cesar Odio (City Manager): This is equipment for the police cars that we bought. The police... Commissioner Dawkins: No, no, these are the police... These are the cars that you promised the people that you were going to get for the... Vice Mayor Plummer: Wait, wait, wait. Time to slow down. What are we talking about here? He's talking about a car, and you're talking about equipment. What... Commissioner Dawkins: The equipment has already been passed by the Mayor. Mr. Odio: Oh, I'm sorry. Vice Mayor Plummer: Well, what's this here for the Buick? Commissioner Dawkins: The same thing that you passed over there on those two you had. Vice Mayor Plummer: All right. But I'm asking, what is it? Commissioner Dawkins: It's automobiles that we passed... Vice Mayor Plummer: For who? Commissioner Dawkins: For GSA (General Services Administration). Mr. Ron Williams (Assistant City Manager): For GSA. Some of them will be vans... I mean... I'm sorry, yeah, mail vans. The main portion of it will be police car pickup trucks, where policemen are working in the area of K-9 - no, I'm sorry, not K-9 - forest patrol, marine patrol, and need to have a pickup, as compared to a regular Caprice type vehicle, Commissioner. And this substitutes that. Commissioner Dawkins: And you're spending a half a million dollars for pickup trucks? Mr. Williams: Well, partially. That's just... Commissioner Dawkins: You'll have to bring this back. No, no. Vice Mayor Plummer: Yeah, I would appreciate that. I really... I'd like to look at it. Commissioner Dawkins: Me, too. I mean, that's not what I was told, see. Vice Mayor Plummer: Why are we going into... Suddenly, overnight, we're now talking about pickup trucks. Mayor Clark: All right. Please, please, now. It's coming back, so go ahead. Vice Mayor Plummer: OK. 40 March 27, 1995 AT THIS POINT, THE ITEM WAS DEFERRED. (See labe 37) ---------------------------------------------------------------------------------------------------------------- 27. ALLOCATE $5,000 -- FROM LAW ENFORCEMENT TRUST FUND (LETF) -- TO LIBERTY CITY CELEBRATES TO SPONSOR AN URBAN LEAGUE EVENT CELEBRATING "OUR CHILDREN OF THE FUTURE". ---------------------------------------------------------------------------------------------------------------- Mayor Clark: What else you go, Miller? Commissioner Dawkins: OK. Here's... no, and I don't have... A resolution authorizing funding for the Liberty City Celebrates for $5,000. The Chief of Police has... Where is Joe? The Chief of Police recommends this? Lt. Joseph Longueira: Yes, sir. Commissioner Dawkins: So move. Mayor Clark: Is there a second? Vice Mayor Plummer: And what is it for? Commissioner Dawkins: Five thousand dollars from the Law Enforcement Trust Fund to sponsor the Urban League and celebrate our children of the future. Vice Mayor Plummer: OK. As long as we understand that this is the same, treated as everybody else, no dollars will be given, we will pay from the bills. OK? Lt. Longueira: OK. Yes, sir. Vice Mayor Plummer: And I say that all the way across the board. I vote yes. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-233 A RESOLUTION AUTHORIZING FUNDING FOR "LIBERTY CITY CELEBRATES... OUR CHILDREN LOOK TO THE FUTURE", SPONSORED BY THE URBAN LEAGUE OF MIAMI, INC., AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $5,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE, CHAPTER 932.7055, AS AMENDED. 41 March 27, 1995 ;,At;, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 28. RATIFY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTS -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE PURCHASE / REINSTALLATION OF FENCE AT BICENTENNIAL PARK -- FROM CARLSON FENCE COMPANY, INC. ($12,924). Mayor Clark: Go ahead, Mr. Dawkins. Commissioner Dawkins: OK. All right. The other one, a resolution... The fence was taken down in Bicentennial Park for the Grand Prix. Vice Mayor Plummer: Right. Commissioner Dawkins: And now we have to put it back up, because the homeless are about to take the park over. So this is a resolution by 4/5ths affirmative vote of the members of the City Commission ratifying, affirming and approving the City Manager's finding that an emergency need exists, waiving the requirements for competitive sealed bids, and approving the reinstallation and purchase of a fence at Bicentennial Park from Carlson Fence Company in the amount of $12,924.97. Mayor Clark: Move it. Commissioner Dawkins: So move. Vice Mayor Plummer: Second. Mayor Clark: Cast a unanimous ballot, Madam Clerk. 42 March 27, 1995 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-234 A RESOLUTION BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTS, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE AND REINSTALLATION OF A FENCE AT BICENTENNIAL PARK FROM CARLSON FENCE COMPANY, INC. IN THE AMOUNT OF $12,925.97; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS ACCOUNTS, ACCOUNT NO. 921002-830. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Anything else, Mr. Dawkins? Commissioner Dawkins: No, sir, that's all. Thank you. Vice Mayor Plummer: I'm told, Mr. Mayor, we can start zone... Oh, you have something? Commissioner De Yurre: Well, yes. I'll wait patiently. Vice Mayor Plummer: "Oy vay." Mayor Clark: Just a moment, please, will you. 43 March 27, 1995 11 n ---------------------------------------------------------------------------------------------------------------- 29. ACCEPT BID: VENECON, INC., IN CONNECTION WITH PROJECT: OVERTOWN SHOPPING CENTER EMERGENCY REPAIRS, TOTAL BID ($228,728) -- EXECUTE CONTRACT, Mayor Clark: Mr. De Yurre. Commissioner De Yurre: Yes. I have a resolution accepting the bid of Venecon, Inc. in the proposed amount of $213,320 total bid of the proposal for the project entitled Overtown Shopping Center Emergency Repairs, Project Number Bl6240 with monies therefor allocated from Community Development Block Grant funds in the amount of $213,320 to cover the contract cost, and $15,408 to cover the estimated expense, for an estimated total project cost of $228,728, and authorizing the City Manager to execute a contract with said firm. I so move. Commissioner Dawkins: Second. Mayor Clark: Call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-235 A RESOLUTION ACCEPTING BID OF VENECON, INC., IN THE AMOUNT OF $213,320.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "OVERTOWN SHOPPING CENTER -EMERGENCY REPAIRS, PROJECT NO. B- 6240"; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $213,320.00 TO COVER THE CONTRACT COST AND $15,408.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL PROJECT COST OF $228,728.00; AND AUTHORIZING THE CITY MANGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 44 March 27, 1995 O. S... i r Commissioner Gort: My understanding is we approved this in the past. We just happen to have an additFon to it. Yes. Mayor Clark: I already did, but J.L. wants to... I brought up the zoning hearing. I said we'd come back with the... with what you need to put this in a resolution or an ordinance form so we can either pass it or kick it out. Vice Mayor Plummer: What's that? Mayor Clark: The Zoning Boards. Vice Mayor Plummer: Oh. Well, that's to... Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Vice Mayor Plummer: ... to start a study. Commissioner Gort: I have... Mayor Clark: That passed. ---------------------------------------------------------------------------------------------------------------- 30. EXECUTE AGREEMENT WITH ANDRES DUANY AND ELIZABETH PLATER-ZYBERK, INC. ($100,000) -- FOR PROFESSIONAL SERVICES PERTAINING TO LAND USE PLANNING / URBAN DESIGN / HISTORIC PRESERVATION / ARCHITECTURAL AND LANDSCAPE ARCHITECTURAL SERVICES / IMPLEMENTATION PLANNING PERTAINING TO COMPLETION OF THE COCONUT GROVE PLANNING STUDY (APRIL 15, 1995 - APRIL 15, 1996). Mayor Clark: Willy, what is it? Commissioner Gort: I got one, which is something, it's my understanding, that's been already approved but... the money has been allocated, but we need to enforce, and you all have a copy of this. A resolution authorizing a professional service agreement for a Coconut Grove Planning Study, Andres Duany and Elizabeth Plater-Zyberk, Inc. Mayor Clark: Yes. Do you move that? Commissioner Gort: Yes, sir. Vice Mayor Plummer: Mr..... Mayor Clark: Do you second? 45 March 27, 1995 Vice Mayor Plummer: I'll second it for discussion. Mayor Clark: All right. Discuss it. Vice Mayor Plummer: Mr. City Manager, I would hope that when we do this planning study, we would be very concerned about what the City has to furnish. There's a lot more in here that's hidden that says the things that we have to provide on this particular page about tables, chairs, telephones, fax machines, all of that. And I don't know where this came from, but I got to tell you something. To me, it's ludicrous that we have to provide... listen to this one. Quote, "High quality fresh food with limited red meat and light deserts. Sandwiches, if served, should be without butter." Now, you know... Mr. Odio: That's better than having a credit card. Vice Mayor Plummer: Mr. Manager, when you start talking serious about Planning and Zoning, I got to tell you something. This is ridiculous. Mr. Sergio Rodriguez (Assistant City Manager): But let me explain that. Vice Mayor Plummer: OK? I just had to put that on the record. I'll vote for it. I'll vote for it. Mr. Rodriguez: Because that request... Vice Mayor Plummer: But when you start putting that stuff into a bid package, I think it's absolutely ludicrous. Mr. Rodriguez: Because that request came from the consultants. We referred that to the Chamber of Commerce, so they would provide the food and all the arrangements, inasmuch as possible. Commissioner Gort: 1 got a second resolution authorizing a professional services agreement... Mayor Clark: Well, wait a minute. Did you get a vote? No. Motion and a second. Vice Mayor Plummer: Who voted no? Mayor Clark: Nobody voted no, not yet. Vice Mayor Plummer: Oh, not yet. Give them a chance. Mayor Clark: Any exception? Hearing none, cast a unanimous ballot. 46 March 27, 1995 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-236 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WITH ANDRES DUANY AND ELIZABETH PLATER-ZYBERK, INC., A FLORIDA CORPORATION, IN AN AMOUNT NOT TO EXCEED $100,000 FOR PROFESSIONAL SERVICES PERTAINING TO LAND USE PLANNING, URBAN DESIGN, HISTORIC PRESERVATION, ARCHITECTURAL AND LANDSCAPE ARCHITECTURAL SERVICES AND IMPLEMENTATION PLANNING PERTAINING TO THE COMPLETION OF THE COCONUT GROVE PLANNING STUDY FOR THE PERIOD APRIL 1.5, 1995 TO APRIL 15, 1996; FROM FUNDS PREVIOUSLY IDENTIFIED FROM GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 31. EXECUTE AGREEMENT WITH ANDRES DUANY AND ELIZABETH PLATER-ZYBERK, INC. ($50,000) -- FOR PROFESSIONAL TRANSPORTATION ENGINEERING / PLANNING SERVICES PERTAINING TO COMPLETION OF THE COCONUT GROVE PLANNING STUDY (APRIL 15, 1995 - APRIL 15, 1996). Mayor Clark: All right. Commissioner Gort: A resolution authorizing a professional services agreement for Coconut Grove Planning Study... this is transportation study, the same, Andres Duany and Elizabeth Plater-Zyberk. Mayor Clark: All right. Vice Mayor Plummer: Second the motion. 47 March 27, 1995 Mayor Clark: Any exception? Hearing none, cast a unanimous ballot. Vice Mayor Plummer: For the record, Mr. Mayor, that was prior, I think, to your being here. Originally, it came in as 150 for one total organization, and I commend the Department for breaking it apart and having two separate studies done, one on planning and zoning, and the other one done on transportation. I think it warrants that both should be separate and independent. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-237 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WITH ANDRES DUANY AND ELIZABETH PLATER-ZYBERK, INC., A FLORIDA CORPORATION, IN AN AMOUNT NOT TO EXCEED $50,000 FOR PROFESSIONAL TRANSPORTATION ENGINEERING AND PLANNING SERVICES PERTAINING TO THE COMPLETION OF THE COCONUT GROVE PLANNING STUDY FOR THE PERIOD APRIL 15, 1995 TO APRIL 15, 1996; WITH FUNDING TO BE DETERMINED BY THE CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ------------------------------------- --------------------------------------------------------------------- 32. DISCUSSION CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS CUTS. Mayor Clark: Let me... Two items of information. Frank Castaneda? Mr. Castaneda asked that you set a date to hear all the CDBG (Community Development Block Grant) items at the last meeting. I said I would, but, Mr. Manager, I'm waiting on information from you, sir. CDBG. Mr. Cesar Odio (City Manager): Yes, sir. We are... I'm going to Washington tomorrow for the day. I'll be back at night. I hope to have more information after my meeting with Frank Wing to see what the final cuts will be. There are definitely cuts that are being made, and we should not have that meeting until I know for sure, Commissioner. 48 March 27, 1995 Mayor Clark: That's what I say. Vice Mayor Plummer: Yeah. Mr. Odio: You know, Commissioner Dawkins has the same information. It's really bad up there. Mayor Clark: It is. It's terrible. All right. Frank, you'll be... Just tell the people "despasito si Ilega. Claro?" You understand that? In English, too. Mr. Odio: If the worst comes to worst, Mr. Mayor, I... And if I see that they're still working in Washington, and we just issue - what? - a three-month allocation to each group so they can keep on operating. Mayor Clark: All right. Now... Commissioner Dawkins: That's the last year's funding, Mr. Manager. Mayor Clark: Yeah. Mr. Odio: At the last year's funding. Commissioner Dawkins: Last year's... yeah. Vice Mayor Plummer: Well, may I inquire? Mr. Manager, you made a comment previously that the cuts would be no less than eight percent. Mr. Odio: Looks like it's eight percent. Mr. Odio: Now, it would seem like to me that reasonable would be the fact if we grant any, three months or whatever it would be, that at least we know the eight percent should be the starting cut. Mr. Odio: Well, but remember, if you give them three months and then something more comes out, more than eight, you can reduce it from the rest of the allocation. Vice Mayor Plummer: Mr. Manager, let me tell you the reason I say that. Mr. Odio: OK. Vice Mayor Plummer: OK? And that's simply the... Mayor Clark: If you get him started big, it's hard to pull the horses back. Vice Mayor Plummer: That's right. And let me tell you, there are those who, when you give, if they... If they come forth with a 15 percent cut, there are those who will not survive. They will not survive. Mr. Odio: You're right, you're right. I'm sorry. Commissioner Dawkins: Mr. Mayor and fellow Commissioners, my suggestion would be ten percent, because all the Democrats that I've talked with talked eight percent, and out of all the Republicans I talked with, including Gingrich's top aide, was saying ten percent. 49 March 27, 1995 A Mr. Odio: So let's cut ten percent. Vice Mayor Plummer: Hey, I'm just say... Commissioner Dawkins: And then if we have to add it later on, Mr. Mayor, it's a bonus for them, Mr. Manager, I think. Mayor Clark: All right. Mr. Odio: OK. Vice Mayor Plummer: Mr. Dawkins, the only thing I'm trying to do is to be reasonable and practical. I think we've got to let people know that it's coming. Mayor Clark: Be reasonable and truthful, too. Vice Mayor Plummer: Well, that's also... Mr. Odio: And... END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 33. RESCHEDULE REGULAR COMMISSION MEETING SCHEDULED TO TAKE PLACE ON APRIL 13TH TO NOW BEGIN AT 9:00 A.M. ON APRIL 27TH -- THE PLANNING AND ZONING MEETING WILL COMMENCE AT 4:30 P.M. Mayor Clark: Now, just a moment. For your edification - that'll get your attention - we're receiving calls about the April 13th meeting. The April 13th meeting is the day before Good Friday. So we honor all religions, and that one is mine. But you want to carry it over to... Mr. Odio: The 12th. No. Mayor Clark: ... the next Tuesday, which would be... Vice Mayor Plummer: Wait, wait a minute. Commissioner Gort: How about the 20th? Mayor Clark: What? Commissioner Gort: How about the 6th or the 20th? Vice Mayor Plummer: No, I can't. Mr. Odio: Or you could combine both meetings. Vice Mayor Plummer: Well, why not back it up one day. Mr. Odio: You want to combine both meetings at the end? 0 50 March 27, 1995 Commissioner Gort: Let's combine them on the 27th. Mr. Odio: Do we have... Vice Mayor Plummer: Well, that's fine with me. I'd love that. Mayor Clark: What's that, the 27th? Vice Mayor Plummer: We'll have them both on the same day, the 27th. Yeah, I'd love that. Mayor Clark: It'll be a long day, but that's all right. Vice Mayor Plummer: That's fine with me. Mayor Clark: All right. The official meeting for both will be on the 27th of April. No meeting on the 13th. Commissioner Gort: One in the morning and one in the afternoon. Vice Mayor Plummer: We'll have one meeting in the morning, and Planning and Zoning in the afternoon. Mayor Clark: I can handle that, too. Commissioner Gort: What we can do is get together, three of us, and postpone the meeting till the next... Vice Mayor Plummer: So we'll have both meetings on the 27th? Mayor Clark: Twenty-seventh. She has that date. Vice Mayor Plummer: Fantastic! Mayor Clark: All right. Can we handle... Vice Mayor Plummer: I so move that the meeting of April the 13th be moved and in conjunction with, for the afternoon, the 13th afternoon meeting on the 27th. Mayor Clark: Very good. Vice Mayor Plummer: I so move. Mayor Clark: Cast a unanimous ballot, Madam Clerk. 51 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-238 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING IN APRIL TO TAKE PLACE APRIL 27, 1995 COMMENCING AT 9:00 A.M. AND SCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN APRIL TO TAKE PLACE ON THE SAME DATE COMMENCING AT 4:30 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 34. CITY MANAGER ANNOUNCES THAT STATISTICS SHOW THAT CRIME IN THE CITY OF MIAMI IS DOWN 7% FROM LAST YEAR. Mr. Cesar Odio (City Manager): Mr. Mayor, I think we always get bad news. If we could put... Vice Mayor Plummer: What? Mr. Odio: We always get bad news. Today, we got some good news from the crime stats, that they have gone down seven percent. The Chief is here. In '94 versus the year before, we are down seven percent in the City of Miami. Mayor Clark: Very good. Mr. Odio: At least we're making some progress in the right direction. END OF DISCUSSION -- NO ACTION TAKEN 52 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- 34.1 BRIEF COMMENTS BY MAYOR STEPHEN P. CLARK REQUESTING THAT PLANNING AND ZONING ITEMS BE SCHEDULED EARLIER IN THE DAY. -------------------------------- ------------------------------------------------------------------------------- Mayor Clark: Mr. Manager, in the... Do we have somebody in Tallahassee that can do away with this five o'clock meeting? A. Quinn Jones, III, Esq. (City Attorney): By State statute, Mr. Mayor, there's rezonings and certain types of land use items that have to be... cannot be heard before five o'clock. That's by State statute. Mayor Clark: I know you do that with the budget, but not by Zoning. Mr. Jones: No, that's set by Section 166 that deals with land use changes. That can't be changed unless... Mayor Clark: See you back at four o'clock. We're in recess. END OF DISCUSSION -- NO ACTION TAKEN THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 3:28 P.M. AND RECONVENED AT 4:05, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER GORT AND COMMISSIONER DAWKINS. ---------------------------------------------------------------------------------------------------------------- 35. ALLOCATE $165,500 FROM LAW ENFORCEMENT TRUST FUND (LETF) -- FOR "DO THE RIGHT THING" PROGRAM. Vice Mayor Plummer: ... pocket items because of the change of date. Mayor Clark: Go right ahead. Vice Mayor Plummer: The first one, Mr. Mayor, is a resolution authorizing funding of Do the Right Thing Program, allocating funds thereof in an amount not to exceed $165,500 from the Law Enforcement Trust Fund, such expenditure having been approved by the Chief of Police as complying with Florida State Statute, Chapter 932.7055, as amended, I move it, Mr. Manager, Mr. Mayor. Mayor Clark: Is there a second? I second it. If there's no objection, Madam Clerk, show Mr. De Yurre voting yes, Mr. Plummer, and myself. 53 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-239 A RESOLUTION AUTHORIZING THE FUNDING OF THE "DO THE RIGHT THING" PROGRAM AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $165,500, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE, CHAPTER 932.7055, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Clark, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort Commissioner Miller J. Dawkins NOTE FOR THE RECORD: COMMISSIONER DAWKINS ENTERED THE MEETING AT 4:06 P.M. ---------------------------------------------------------------------------------------------------------------- 36. AUTHORIZE INCREASE IN CONTRACT WITH CONE CONSTRUCTORS, INC. ($170,295.52, THEREBY INCREASING CONTRACT FROM $3,059,603.50 TO $3,229,899.02) -- FOR DINNER KEY MARINA RESTORATION PHASE II, H-1008 -- ALLOCATE FUNDS FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CIP 414503. Vice Mayor Plummer: Mr. Mayor, the other one is by... The Manager asked me to bring up the following resolution. A resolution authorizing an increase in the contract between the City of Miami and Cone Constructors, Inc., dated June 2, 1993, not to exceed $170,295.52, increasing contract from $3,059,603.50 to $3,229,899.02, for Dinner Key Marina Restoration Phase II, H- 1008; with said funds to be provided from the Federal Emergency Management Agency (FEMA) Capital Improvement Project No. 414503. I so move. Mayor Clark: Second the motion. It's all being funded by FEMA. Cast a unanimous ballot, then, Madam Clerk. 54 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-240 A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND CONE CONSTRUCTORS, INC., DATED JUNE 2, 1993, IN AN AMOUNT NOT TO EXCEED $170,295.52, THEREBY INCREASING SAID CONTRACT FROM $3,059,603.50 TO $3,229,899.02, FOR DINNER KEY MARINA RESTORATION PHASE II, H-1008; ALLOCATING FUNDS THEREFOR FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CAPITAL IMPROVEMENT PROJECT NO.414503. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Clark, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Wifredo Gort NOTE FOR THE RECORD: Commissioner Gort entered the meeting at 4:07 p.m. ---------------------------------------------------------------------------------------------------------------- 37. (Continued) AUTHORIZE PURCHASE OF 30 VEHICLES (FROM EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-95-1) -- FROM (a) MAROONE CHEVROLET ($266,514), (b) GARBER BUICK ($30,314), AND (c) JERRY HAM CHEVROLET ($183,118) -- TOTAL EXPENDITURE $$479,946 -- FUNDING AVAILABLE FROM SUNSHINE STATE GOVERNMENTAL FINANCING REVENUE NOTES. (See label 26) Commissioner Dawkins: Mr. Mayor. Mayor Clark: Mr. Dawkins. Commissioner Dawkins: You know, I keep hearing, so I'm going to bring my back, a resolution authorizing the purchase of 30 vehicles from an existing State of Florida contract in the amount of $479,946. I so move. Mayor Clark: Is there a second? 55 March 27, 1995 Vice Mayor Plummer: I'm going to second, but I'd sure like to see a copy of it. Commissioner Dawkins: OK. Mayor Clark: He's got it right here. Commissioner Dawkins: OK. Mayor Clark: If there's no exception, cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-241 A RESOLUTION AUTHORIZING THE PURCHASE OF THIRTY (3) VEHICLES FROM AN EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-95-1 FROM MAROONE CHEVROLET IN THE AMOUNT OF $266,514.00 GARBER BUICK IN THE AMOUNT OF $30,314.00 AND JERRY HAM CHEVROLET IN THE AMOUNT OF $183,118.00 FOR A TOTAL PROPOSED AMOUNT OF $479,946.00 FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 38. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF CLARK MERRILL. Vice Mayor Plummer: Mr. Mayor, I think it would be appropriate at this time, and I'm sure that you will remember, I'm not sure that my other colleagues will, the passing this morning in the paper of Mr. Clark Merrill. 56 March 27, 1995 Mayor Clark: Yes, a former employee. Vice Mayor Plummer: Mr. Clark Merrill was a very fine man who did an awful lot for this City and at the same time, was a watchdog of the County, and in particular, his thing was the Kendall Hospital, or the Regional Coral Reef Drive Hospital. I think it would be very appropriate that we spread across the minutes the condolences of this City and its grateful citizens of the work that he had done for this City, and express to the family our condolences. I so move. Commissioner Gort: Second. Mayor Clark: Well put. Second. Cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-242 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF CLARK MERRILL, UPON HIS UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 57 March 27, 1995 MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th day of March, 1995, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 4:08 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner Miller J. Dawkins Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ---------------------------------------------------------------------------------------------------------------- 39. CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF PORTION OF S.W. 16 ROAD (AS SET FORTH IN EXHIBIT "A") -- SAID ACTION BEING A CONDITION FOR APPROVAL OF TENTATIVE PLAT NO. 1447-B: SIMPSON PARK FIRST ADDITION. (Applicant: Public Works Department, Carlos A. & Christina C. Migoya.) Mayor Clark: Would all those that may testify today, please stand up and be sworn by the Clerk. Right hand in the air. If you may... You don't have to, but if you're testifying. Madam Clerk. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: Please be seated. Commissioner, I didn't... Senator, I didn't see you seated there. You look so young and so thin. Yeah, and you got a good sun tan. Been on the ship. Thank you, thank you, Mr. Teele. Item number PZ-1, street closure. Vice Mayor Plummer: Move it. 58 March 27, 19.95 Commissioner Dawkins: Second, under discussion. Mayor Clark: Under discussion. Just a... Commissioner Dawkins: What... Go right ahead, sir. Mayor Clark: Go ahead, go ahead, Mr. Dawkins. Commissioner Dawkins: What is the width of the property that you're talking about vacating? Mr. Jim Kay: We're talking about vacating a piece of property that's 50-by-150. Commissioner Dawkins: Fifty? Mr. Kay: By 150 feet, yes, sir. Commissioner Dawkins: So therefore, 25-by-75 is going to be each parcel. Mr. Kay: No, sir, 25-by-150 and 25-by-150. It's split that way. Commissioner Dawkins: Twenty-five by a hundred and fifty and 25... Show me now where the two property lines are. Mr. Kay: Mr. Lee is pointing it out on the map. Commissioner Dawkins: That's one property line, and that's the other property line; is that correct? Mr. Kay: Yes, sir. The heavy line that you see there where the yellow shade is, is approximately where the street will be divided. Commissioner Dawkins: OK. Is there any encroachment on that now, by either owner? Mr. Kay: There is some encroachment on that now. That was one of the reasons why we wanted to settle this up. Commissioner Dawkins: OK. Have you penalized the individuals for the encroachment? Mr. Kay: No, sir. Commissioner Dawkins: Why not? Mr. Kay: Because we allowed them to have a due process here to see if they could straighten this out through the platting process. The City is in encroachment, as well as the property owner. Commissioner Dawkins: Beg pardon? Mr. Kay: The City has an encroachment in that area, as well as the property owner that's also applying for the plat... Commissioner Dawkins: What is our encroachment? Mr. Kay: We have a coral rock wall that encroaches about ten feet out into the right-of-way there. 59 March 27, 1995 Commissioner Dawkins: Ten feet. Mr. Kay: Yes, sir. Commissioner Dawkins: So with the ten feet... So then you really are not talking about 25... 50- by-150. You're talking about 25-by-150 minus ten. Mayor Clark: More or less. Mr. Kay: No. We're talking about closing the street off 25... half of it goes to one owner and half of it goes to the other. The encroachment would remain. Commissioner Dawkins: OK. So therefore... OK. Tell me where each property line will go. Mr. Kay: I can show it to you, again, on here. Commissioner Dawkins: When this is passed, just show me where the property lines will be. Mr. Sergio Rodriguez (Assistant City Manager): Commissioner, if you'd look in your package on page number 3, you will see the line as shown in the map. Check page number 3 on PZ-1. Commissioner Dawkins: OK. So the heavy black mark is the line. Mr. Rodriguez: That's the line. Commissioner Dawkins: So therefore, the City of Miami has to tear down the rock wall, and move the wall to the center of the line, and the other party who owns the property will have to come out to that line and put up a fence. Is that a correct statement? Mr. Rodriguez: No. Commissioner Dawkins: Well, why not? Mr. Kay: The City would not have to tear down the wall. Commissioner Dawkins: Well, how are you going to... OK. You are vacating the street, whatever it is. OK? Half of the vacation goes to one owner, and half of the vacation goes to the other owner, which is the City of Miami. Mr. Kay: Right, that's correct. Commissioner Dawkins: Now, how are you going to let me know that this is my half, if you don't move my fence to the property line? Vice Mayor Plummer: By the survey. Mr. Kay: The other applicant in this case has proffered a... Commissioner Dawkins: No, I don't want to... See, "proffer"... Try to straighten me out first. OK. Try to get me to vote for this, what we're voting for, and then tell me what you're proffering. Tell me how you're going to come up... You're taking away City of Miami property. 60 March 27, 1995 Vice Mayor Plummer: The survey. Commissioner Dawkins: You're dividing it in half. It just so happens that the City of Miami is into this with a private owner. If it was two private owners, each private owner would get half, and would have to move their fences to the half of the property; is that correct? Mr. Kay: The other owner in this case is going to construct a six-foot high vinyl coated chain link fence down the center of the street. Commissioner Dawkins: Down the center of the street. Mr. Kay: The center line of the street so that... Mr. Rodriguez: Of the "paper" street, the one that we are vacating. So what will happen is, because the coral rock is an historic rock wall, the rock will be left in its place, and there will be then maintenance of that area, which is going to be between the rock and the wall. Commissioner Dawkins: So between the chain link fence and the coral rock wall, there's 25 feet of vacant land. Vice Mayor Plummer: For a dedicated street, that is not wide. Mr. Rodriguez: Which is what is there now. Now, it's 50 feet. Now, it will be 25 feet. It will look no different, except there will be a fence separating both of them. Vice Mayor Plummer: Hey, we've got dedications in this town that are 100 foot wide. The streets aren't that wide, but they've got dedications of that much, right-of-way. Commissioner Dawkins: I'll ask my question again. In the middle of the land, will be a fence? Mr. Rodriguez: Right, sir. Commissioner Dawkins: From that fence to the coral rock will be vacant land; is that correct? Mr. Kay: That's correct. Commissioner Dawkins: Who's going to maintain that vacant land, keep it cut, and make sure that it's free of everything? Vice Mayor Plummer: It's part of the park. Mr. Kay: It would be the City of Miami, because that's City property. Vice Mayor Plummer: That's a City park. Commissioner Dawkins: Mr. City Attorney, how do I word my motion to say that at no time, ever, will that land belong to anybody, that 25 feet belong to anybody but the City of Miami, whether the City of Miami moves its historic coral rock wall or not? Mr. Joel Maxwell (Deputy City Attorney): No motion is necessary on your part to assure that, Mr. Commissioner. Once the street is closed, the property will revert, as you indicated earlier, to the adjoining property owners, one being the applicant in this case, and the other being the City. Once it becomes the City's property, it cannot be disposed of without approval of this Commission. 61 March 27, 1995 Commissioner Dawkins: OK. Now, Mr. Rodriguez, what is the purpose for vacating the land? Mr. Rodriguez: At this point? Commissioner Dawkins: Beg your pardon? Mr. Rodriguez: From the owner? Commissioner Dawkins: No, no, no. What benefit... Mr. Rodriguez: In general... Commissioner Dawkins: What benefits does the City or the citizens of the City of Miami benefit from the closing of the street? Mayor Clark: It's really an abandoned street, Mr. Dawkins. Mr. Rodriguez: Yeah. In this case, what happened is that it is what we call a "paper" street. It's not presently there now. And normally, what happens is that the adjacent property owners get additional land added to their property. In this case, the owner of the property will get additional land, and the City will get additional land. Mayor Clark: Which... Now, the owners dedicated, whoever the owners were at that time, dedicated this property, to start with, to make a street. Mr. Rodriguez: Right. Mr. Kay: Yes, sir. Mr. Rodriguez: And part of the property... Mayor Clark: So they're just getting it back. Mr. Rodriguez: Then at this point, the property owners, which are the private sector, they will pay taxes on the land, which is not paying taxes now. So I think that we benefit both ways. Mayor Clark: Any further discussion? Mr. Manuel Gonzalez-Goenaga: Yes, sir, Your Honor. Mayor Clark: All right. Let's hear from you. We got the same thing here. Mr. Gonzalez-Goenaga: What we have here is we are vacating land that will be turned over to a taxpayer, but I, since... In my campaign, it's already stated in the Miami Today, that sunshine is the best disinfectant. I think that for the record, we should state that the beneficiary will be Mr. and Mrs. Migoya. He is the president of First Union, who carries the account of the City of Miami, and his wife, as far as I know, is the chief of staff of the City Manager, with a marvelous salary. And it is a matter... I am not claiming... Mayor Clark: Speak to the issue, please. Mr. Gonzalez-Goenaga: The issue is that we must make full and fair disclosure, and I want all the citizens that this benefit will accrue to these people. And another issue is what about... We 62 March 27, 1995 are going, also, to make a repair of the Simpson Park. You know, let's do it fast, so I can bring Walter Mercado with all his "chernas" and... Mayor Clark: Thank you, sir. Thank you. Mr. Gonzalez-Goenaga: ... and play there. Thank you. Mayor Clark: Mr. Dawkins. Commissioner Dawkins: Mr. Mayor, the ownership of the land is secondary to what we're discussing. It could be any citizen. It just so happens that this citizen happens to be an employee of the City of Miami, which is secondary. Mayor Clark: And they're not second class citizens. Commissioner Dawkins: That's right. That's right. So therefore, my... Now, I'd like to hear J.L. Plummer say what he always says when we do things like this. What are you willing to give up to the City for this right of the City land that you're getting? Where... You aren't going to say that, J.L.? Vice Mayor Plummer: I'm listening. Remember, I can't force the issue, but I can accept contributions. Mr. Rodriguez: Mr. Mayor, may I put something on the record on this? Mayor Clark: Sir. Mr. Rodriguez: First, there was full disclosure of the ownership of this property by the people that applied, Mr. Carlos Migoya and Christina Cuervo-Migoya. And second, I have a letter here signed by Mr. Migoya that was addressed to the Miami Roads Neighborhood Association. They met with them in the past, and they said that: "In consideration for the closure and vacation of Southwest 16th Road, we would like to proffer the donation and installation of approximately 150-by-6 high of black vinyl chain link at the perimeter of Simpson Park, and adjacent to the property of 1626 South Miami Avenue. This donation will complete the fencing around the perimeter of the park, of which the City has erected on three sides last year, but had not completed behind the adjacent homeowners' properties. This donation is valued at a total cost of $1600, based on an estimate provided by Sovereign Construction Group, the original contractor." And I want to introduce that in the record. Mayor Clark: Very good. Any further discussion? Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: Since this point was brought up, I'd like to bring up that this matter, when I was in the Zoning Board and the Planning Board, came in front of us many a time, where there were roads that were not being used by anyone. What the benefits to the City is, if we were not to give this land that we would have to maintain it. Right now, nobody's maintaining that road, so that would be an additional cost to the City. By doing this, the people would be paying taxes on it and will be maintaining it, so not only are we going to be getting money from them, we'll be saving money in maintenance. For that reason, I am ready to vote. 63 March 27, 1995 Mayor Clark: All right. Call the roll, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-243 A RESOLUTION, WITH ATTACHMENTS, OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF SOUTHWEST 16TH ROAD SET FORTH ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, SAID ACTION BEING A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1447-B "SIMPSON PARK FIRST ADDITION". ' (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. i--------------------------- ------------------------------------------------------------------------------------ 40. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2720-2728-2740 S.W. 6 STREET & 2725-2735-2745 S.W. 7 STREET FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: Miami -Dade Community College.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 2. Mr. Sergio Rodriguez (Assistant City Manager): PZ-2 and PZ-3 are second readings of a comprehensive plan amendment, and a zoning atlas amendment, to go from duplex to restricted commercial. Commissioner Gort: Move it. Vice Mayor Plummer: Second. Mayor Clark: Any discussion on this item? It's been moved by Mr. Gort. Is there a second? Vice Mayor Plummer: Second. - - 64 March 27, 1995 Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, FOR THE PROPERTY LOCATED AT 2720-28-40 SOUTHWEST 6TH STREET AND 2725-35-45 SOUTHWEST 7TH STREET, BY CHANGING THE LAND USE DESIGNATION FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11236. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Clark: Senator, what are you here on? Senator Sherman Winn: I'm here on item PZ-8. Unidentified Speaker: Nine. Senator Winn: PZ-9. 65 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- 41. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2720-2728-2740 S.W. 6 STREET & 2725-2735-2745 S.W. 7 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Miami -Dade Community College.) ----------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Item PZ-3 is a companion to 2. Commissioner Gort: It's a companion to 2. Vice Mayor Plummer: Move it. Commissioner Gort: Second, Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 2720/28/40 SOUTHWEST 6TH STREET, AND 2725/35/45 SOUTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11237. 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. 66 March 27, 1995 IE Im NOTE FOR THE RECORD: AT THIS POINT, MAYOR CLARK DISPLAM THE NEW DIAN FOOTBALL TEAM'S HELMET, THE "MIAMI MANATEES." ---------------------------------------------------------------------------------------------------------------- 42. BRIEFLY DISCUSS AND MOMENTARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION SEEKING A SPECIAL EXCEPTION TO ALLOW NORTHWEST DADE CENTER INC. TO ASSUME OWNERSHIP OF CERTIFICATE OF USE NO. 105341 FROM THE SALVATION ARMY TO CONTINUE TO OPERATE A COMMUNITY BASED RESIDENTIAL FACILITY (CBRF) AT 250 N.W. SOUTH RIVER DRIVE. (See label 48) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: PZ-8. Vice Mayor Plummer: Eight or 9? Mayor Clark: Eight. Special exception. Call item 8. Commissioner Dawkins: It's controversial. Mr. Sergio Rodriguez (Assistant City Manager): PZ-8. Vice Mayor Plummer: Are we on a time problem there? Mayor Clark: He has to get back to the office. Vice Mayor Plummer: No, I just didn't know about the five o'clock. Mr. Joel Maxwell (Deputy City Attorney): One through 12. We can do 1 through 12. Mayor Clark: We're on PZ-8. Mr. Joe McManus: Mr. Mayor and members of the Commission, item PZ-8 was before you previously. It has to do with the Salvation Army Center at 250 Northwest South River Drive. What... The item before you is a special exception to allow Northwest Dade Center to assume the ownership of the certificate of use, that is, to be able to transfer the certificate of use from the Salvation Army for this particular facility. Upon your direction, at the last Commission meeting, the Planning, Building and Zoning Department held a meeting. We invited the property owners within 375 feet of the property at a meeting at the Planning, Building and Zoning Department on March the 8th. We had approximately 40 people in attendance. Most of those were from the particular facility. I would say we had probably 10 or 11 actual property owners from the area. We discussed the item. It was discussed up and down, sideways. There was no compromise. The Planning, Building and Zoning Department is in full agreement with the conditions as proffered by the applicant at the February 23rd meeting, and our suggestion is that they reduce the conditions to a covenant running with the land. We're recommending approval of the change of the certificate of use. Among the conditions that were discussed were: there would be no walk-ins; that they're reducing the number of beds from 250 to 75; that they were going to spend 67 March 27, 1995 f 4,' approximately $125,000 on upgrading the facility; and there would be 24-hour supervision, among others. Thank you, Mr. Mayor. Mayor Clark: All right. Let's start back up again. Commissioner Gort: Excuse me, Mr. Mayor. The first item, what was it? Mr. McManus: The first item was there would be no walk-ins into the facility. They had to be referrals. You'd have a case history before there would be acceptance in the facility. Vice Mayor Plummer: All right. Let me ask, if I may, what happens if the day comes where we walk in there and there's 76 beds in use? Commissioner De Yurre: One's for you. Vice Mayor Plummer: One's for me? Well, that's one answer. What happens if there are 76... ? You know the question I'm asking. If they exceed that which has been granted, what happens? Mayor Clark: They pledged that they won't exceed it, J.L. Let's don't try to create problems. Mr. Rodriguez: At that time, what we'd have to do is give them a violation for not complying with the requirements of... Vice Mayor Plummer: Can we not make that as a stipulation, that if they violate that, it automatically takes away their permit; that they agree to that if we ever catch them in violation? Mr. Rodriguez: You can put conditions on this. I don't know whether that's legally binding. Mr. Maxwell: They are entitled to due process. They can agree to that, but.. Vice Mayor Plummer: Well, they've got due process here today. Mr. Maxwell: We have provisions in our ordinance now that allow for revocation of special permits and the like, special exceptions, for violations. Vice Mayor Plummer: OK. I hear you. Mr. Maxwell: If they agree to that, there's no problem with adding it in there, but we'd probably still be confined to going through the Code Enforcement Board process, and the like. Mayor Clark: Do you agree with that? Ms. Vicky Leiva: Absolutely. And if you are willing, we could have an additional condition, which is that we agree not to operate any more than 75 beds, and if at any time we are found to violate that amount, that we will submit ourselves to some type of fine. Commissioner Dawkins: No, no fine. Close up and go out of business. Ms. Leiva: That, too, sir. Mayor Clark: Revocation. Commissioner De Yurre: Or correct the issue. 68 March 27, 1995 Mr. Maxwell: I must point out that... Vice Mayor Plummer: That... That can't be any more direct and to the point. Commissioner Dawkins: Go ahead, Mr. City Attorney. Mr. Maxwell: Really, I mean, what Ms. Leiva just proffered really doesn't add anything to what you've discussed, because they are subject to fines anyway. Commissioner Dawkins: That's what I'm saying. That's what... That's the same thing I'm saying. Mayor Clark: If you're in violation, you close the door. Commissioner De Yurre: Mr. Mayor, subject to all these covenants and conditions, I would move this item. Mayor Clark: Are there objectors? Commissioner Gort: We got to hear from... Yes, people in opposition. Mayor Clark: In opposition? Mr. Daniel Rodriguez: Our attorney is not here. We're represented by someone. This was scheduled to be item number 8, and it got moved to 2. He said to please wait, he'd be here in ten minutes. Vice Mayor Plummer: That's fair. Commissioner Gort: That's fair. Mayor Clark: Let's hold it to the side then, for ten minutes, and we'll come to it after we hear him. Commissioner Dawkins: OK. Mayor Clark: All right. He's going to represent all these people here, right? Mr. Rodriguez: Do you want me to make... I mean, I can... Mayor Clark: Well, no, if you're going to do it, fine, but let the attorney do it. I think you're better off to wait for him. Commissioner Dawkins: Yeah, you're paying him. Ms. Leiva: These people are here in support of Northwest Dade Center and the Salvation Army, all the people that you see with the tags. Mr. Rodriguez: No, that's not true. Not all the people you see... Mayor Clark: Wait, wait, no arguments, now. Please relax and sit down. Relax. 69 March 27, 1995 AT THIS POINT, ITEM PZ-8 WAS MOMENTARILY TABLED. (See label 48) ---------------------------------------------------------------------------------------------------------------- 43. DISCUSS AND CONTINUE (TO JUNE 22ND MEETING) CONSIDERATION OF PROPOSED SECOND READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP, CHANGING LAND USE DESIGNATION AT 4101 N.W. 11 STREET & 1135-1145 N.W. 41 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL -- DIRECT APPLICANT TO PROVIDE A TRAFFIC STUDY OF THE AFFECTED AREA. (Applicant: Ronald Pellitero for Pell / Cruz Investments, Inc.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 4. Chairman, we'll be with you in a minute. Item 4. Mr. Sergio Rodriguez (Assistant City Manager): PZ-4 and 5 are second readings. The first one is a comprehensive plan amendment, and the second one is a zoning atlas amendment. Commissioner Gort: Move it. Mr. Rodriguez: I don't know if there's anybody from the public on this issue. Yes, you have Mr. Fletcher. Mr. Joel Maxwell (Assistant City Attorney): There are covenants on that, aren't there? Mayor Clark: It's been moved and seconded. Commissioner Dawkins: Under discussion. Mayor Clark: Yeah. Commissioner Dawkins: Why is the Planning Advisory Board recommending denial? Mr. Rodriguez: They recommended denial, basically, because they were concerned that the use might be one that might be negative to the area, but that was before the applicant submitted some covenants limiting themselves to certain uses for that particular property. Vice Mayor Plummer: May I inquire? Commissioner Dawkins: Yes, sir. Vice Mayor Plummer: Has there been a traffic study done? Mr. Rodriguez: Pardon? Vice Mayor Plummer: Has there been a traffic study done? 70 March 27, 1995 ME Mr. Rodriguez: No. Vice Mayor Plummer: Again, at this particular point, I don't know of an intersection in this community that is more of a congested area than LeJeune Road and 11th Street, as it comes off of that expressway. And I tell you, to have this thing done without a traffic study first, I think, just is going to just bottleneck that up worse than what it is today. Mr. Rodriguez: Commissioner... Vice Mayor Plummer: Now, there's got to be some changes made. It's not right today. It's going to be worse tomorrow, if this is passed, and that's my opinion. So I... Mr. Rodriguez: If I may, Commissioner, respond to that. Since this is a comprehensive plan amendment and a zoning amendment, you don't have a particular set of plans to deal with. You don't know exactly what use you will have. If they were to come with what they intended to come, which is a hotel, at that point, they would have a special... Vice Mayor Plummer: That's what I was told. Mr. Rodriguez: ... they would have a special exception, and they have to go to a hearing. At that point, we can ask for a study. At this point, they can use anything that is in the ordinance under commercial, which is not limited by the covenant they are proffering. Vice Mayor Plummer: Why should I change the property today? To make them richer? I mean, I don't understand. Mayor Clark: Do you have a motion, J.L.? Vice Mayor Plummer: Mr. Mayor, I would move that this matter be deferred until at least a traffic study is done. Mayor Clark: You can request that. Is there a second? Commissioner Gort: I have no problem with that. Mayor Clark: There's a motion and a second. Relax, John. Mr. John Fletcher: Yes, sir. Mayor Clark: Call the roll. 71 March 27, 1995 The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-244 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-4 (PROPOSED SECOND READING ORDINANCE TO AMEND ORDINANCE 10544, BY CHANGING THE LAND USE DESIGNATION FROM MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL, FOR PROPERTY LOCATED AT APPROXIMATELY 4101 N.W. 11 STREET AND 1135-1145 N.W. 41 AVENUE) UNTIL THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JUNE 22, 1995; WHEN A TRAFFIC STUDY OF THE AFFECTED AREA IS COMPLETE; THE COST OF SAID STUDY SHALL BE BORNE BY THE APPLICANT, NAMELY: RONALD PELLITERO FOR PELL/CRUZ INVESTMENTS, INC. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre --------------------------------------------- ------------------------------------------------------------------ 44. DISCUSS AND CONTINUE (TO JUNE 22ND MEETING) CONSIDERATION OF PROPOSED SECOND READING ORDINANCE: AMEND 11000 ATLAS, CHANGING DESIGNATION AT 4101 N.W. 11 STREET & 1135-1145 N.W. 41 AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL -- DIRECT APPLICANT TO PROVIDE A TRAFFIC STUDY OF THE AFFECTED AREA. (Applicant: Ronald Pellitero for Pell / Cruz Investments, Inc.) Vice Mayor Plummer: Item 5 also is in the same vein, Mr. Mayor. Mayor Clark: All right. Vice Mayor Plummer: And I move that for the same. Mayor Clark: Defer. Now, let's give a date certain. Sometime in June? Vice Mayor Plummer: As soon as they can get the study done, Mr. Mayor. They can bring it back any time they want. Mr. Rodriguez: It's up to the applicant to hurry up and have a traffic study. Mayor Clark: But he's not the applicant. 72 March 27, 1995 Mr. Rodriguez: So as soon as they have it ready, we will go and... Vice Mayor Plummer: Well, of course, it's got to be done at their cost. Mayor Clark: You're not the applicant, are you, John? Mr. Fletcher: No, sir. Objector. Mayor Clark: All right. Commissioner Dawkins: You have any problems with what we just did? Mr. Fletcher: Not a drop. Mayor Clark: Let me tell you, I know John. Don't we, Sherman? Vice Mayor Plummer: Are you the applicant, ma'am? Mayor Clark: No. He is Mr. Jennings. Vice Mayor Plummer: No, over here, are you the applicant? Ms. Adelaida Fernandez-Fraga: The attorney for the applicant. Mayor Clark: No. Relax. He got on the wrong side. We'll get him straight. Vice Mayor Plummer: OK. You understand what I... the motion I made. Ms. Fernandez-Fraga: I do understand. Vice Mayor Plummer: And we understand that you will have, at your cost, the traffic study done. Ms. Fernandez-Fraga: I understand, Mr. Vice Mayor. Vice Mayor Plummer: And as soon as it's done, you can bring it back. Ms. Fernandez-Fraga: Mr. Vice Mayor, is there a particular use? I mean, do you want us to focus on a special use that we are intending? Vice Mayor Plummer: My concern happens to be the intersection of LeJeune and 11th. There's a major hotel there now. As a matter of fact, there's more than one major hotel. To me, the area is today congested. To add anything else to that area right now would be more congestion. I would leave it up to the professionals to deal with you as to what they think is very appropriate for that study. Ms. Fernandez-Fraga: Thank you. Mayor Clark: I'd say the first meeting in June, Mr. Rodriguez. Mr. Rodriguez: OK, sir. Vice Mayor Plummer: If that's possible. 73 March 27, 1995 E3i.J�t�•A1 Mayor Clark: Defer it until that time. Mr. Rodriguez: It's possible, yeah. Mr. Joel Maxwell (Assistant City Attorney): It's possible. Vice Mayor Plummer: If that's possible, sure. Mayor Clark: Thank you. Item 5 gets the same treatment? Vice Mayor Plummer: Yes, sir. Commissioner Gort: I second it. Mayor Clark: Cast a unanimous four votes on that, Madam Clerk, and that's the first meeting in June. Thank you all. Mr. Fletcher: Do you have a date on that, Mr. Mayor? Mayor Clark: I got the date right here. Vice Mayor Plummer: In June? Mr. Fletcher: Yes. Vice Mayor Plummer: The May... No, I don't know what it is in June. It's the second Thursday, I can tell you that. Mr. Rodriguez: Do you want to make it to the regular Planning and Zoning agenda? Vice Mayor Plummer: Yes. Mr. Rodriguez: That would be the fourth Thursday. Vice Mayor Plummer: It would be the fourth Thursday, John. Mr. Fletcher: Fourth Thursday. Mr. Rodriguez: Fourth Thursday of June. Mr. Maxwell: So it's the first Planning and Zoning meeting. Mr. Rodriguez: The first Planning and Zoning agenda meeting. Vice Mayor Plummer: That's assuming that they could get the study back. Mr. Maxwell: Yeah. The first Planning and Zoning meeting in June. Mayor Clark: Stay in touch, John. Mr. Fletcher: I would appreciate it. I'd like an opportunity to look at the traffic study... Vice Mayor Plummer: So would I. 74 March 27, 1995 Mr. Fletcher: ... before the hearing, if that's possible. Vice Mayor Plummer: Five days before, you will and I will. Mr. Fletcher: Thank you, Commissioner. Thank you all. Vice Mayor Plummer: Thank you. Mayor Clark: Thank you, sir. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-24.5 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-5 (PROPOSED SECOND READING ORDINANCE TO AMEND ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR PROPERTY LOCATED AT APPROXIMATELY 4101 N.W. 11 STREET AND 1135-1145 N.W. 41 AVENUE) UNTIL THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JUNE 22, 1995, WHEN A TRAFFIC STUDY OF THE AFFECTED AREA IS COMPLETE; THE COST OF SAID STUDY SHALL BE BORNE BY THE APPLICANT, NAMELY: RONALD PELLITERO FOR PELL/CRUZ INVESTMENTS, INC. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre ---------------------------------------------------------------------------------------------------------------- 45. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2190 S.W. 21 TERRACE FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: JP Loumiet for EJL Partnership, Owner; Hemisphere Bank, Buyer.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 6. Are we still waiting on the lawyer? Vice Mayor Plummer: Mr. Mayor, I moved 6 before. If Item 6 is ready, I'll move it again. Mr. Sergio Rodriguez (Assistant City Manager): Yes. I want to include something on the record. We have been made aware by the applicant that there is a correction that needs to be 75 March 27, 1995 made on the legal description, and I want to introduce that in the record. It was brought to the attention of the applicant by the Public Works Department that they have a problem, and they have to correct the legal description as follows. "Lot 8, less the west five feet thereof, and less that part that lies within the external area formed by a 25-foot radius arc concave to the southeast tangent to the east line of the west five feet said Lot 8, and tangent to the north line of said Lot 8, a subdivision of the north half of Tract 7 of Shenandoah Park, revised Platbook 43, at page 98 of the public records of Dade County, Florida." Mayor Clark: You're not objecting, are you? Ms. Adrienne Friesner-Pardo: No, not at all. It was just the surveyor had left out the arc on the corner that there was a prior dedication on. Mayor Clark: All right. With those corrections... You have an ordinance to read? Vice Mayor Plummer: I made the motion, Mr. Mayor, and I would like... Commissioner Gort: And second reading. Second. Vice Mayor Plummer: I would like to say to the applicant, or through their attorney, be good neighbors. Ms. Friesner-Pardo: We will. We'll be very good neighbors. Vice Mayor Plummer: OK? No lights in people's bedrooms at night, no noise, try to keep it down. It's employee parking for a bank which closes before six o'clock. So be good neighbors, please. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Mayor Clark: All right. Call the roll, Madam Clerk. Ms. Matty Hirai (City Clerk): Vice Mayor Plummer. Vice Mayor Plummer: Yes. Ms. Hirai: Commissioner Gort. Commissioner Gort: Yes. Mr. Maxwell: Mr. Mayor... Ms. Hirai: Commissioner Gort. Commissioner Gort: Yes. Vice Mayor Plummer: Hold on, hold on. Ms. Hirai: Commissioner... Vice Mayor Plummer: Hold on, hold on. 76 March 27, 1995 Mr. Maxwell: I'm so sorry. You're voting on 6 and 7 here. The record needs to reflect that they have proffered a covenant. Mayor Clark: They have. Mr. Maxwell: And you need to... Mayor Clark: Did you not proffer a covenant? Ms. Friesner-Pardo: We have proffered a covenant, which we've given to the Law Department, and they've already reviewed it. Mr. Maxwell: And you want to briefly tell the Commission the conditions of the covenant? Ms. Friesner-Pardo: Sure. I can go through the conditions. The conditions of the covenant are that there will only be parking on this particular site. There is a site plan with a landscape plan attached to the covenant, which limits us to only build what's according to that site plan. And we have no ingress or egress from 22nd Terrace. Those are the main points of the covenant. Mayor Clark: All right. Vice Mayor Plummer: That's what we talked about before. Ms. Friesner-Pardo: Exactly. Mayor Clark: Call the roll. Ms. Hirai: Roll call on PZ-6. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTY LOCATED AT 2190 SOUTHWEST 21ST TERRACE, BY CHANGING THE LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 77 March 27, 1995 ML passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11238. 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. ---------------------------------------------------------------------------------------------------------------- 46. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2190 S.W. 21 TERRACE FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: JP Loumiet for EJL Partnership, Owner; Hemisphere Bank, Buyer.) Vice Mayor Plummer: I move 7. Mayor Clark: Is there a second? Vice Mayor Plummer: It's a companion. Commissioner Gort: Second. Mr. Maxwell: Both of these are as amended legal descriptions. Mayor Clark: Call the roll. 78 March 27, 1995 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 2190 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), EXCEPT FOR A V STRIP ALONG THE NORTHERN AND EASTERN BOUNDARY LINES; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO, 39 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11239. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Clark: Is the attorney back yet? Ms. Friesner-Pardo: Thank you very much. Mayor Clark: Is the attorney here? We're going to give him another five minutes, and then we're going to move forward. Call item 8. Commissioner Gort: That's it. Vice Mayor Plummer: That is 8. You want 9, don't you? Mayor Clark: Four -forty, we're going to move forward. Is this their attorney? Ms. Vicky Leiva: No, sir, that is not. That's one of my clients. Mayor Clark: Maybe Price can help you out. 79 March 27, 1995 WL ---------------------------------------------------------------------------------------------------------------- 47. GRANT VARIANCES (FROM 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES) TO ALLOW (a) A HEIGHT OF 29'-2" (25'-0" MAXIMUM ALLOWED), (b) A FRONT YARD SETBACK OF 10'-0" (20'-0" MINIMUM REQUIRED), AND (c) A PROPOSED PAVED AREA OF 51.6% (40% MAXIMUM ALLOWED) PER ARTICLE 9, SECTION 908.10.1 DRIVEWAYS AND OFFSTREET PARKING -- FOR PROPOSED SINGLE FAMILY RESIDENCE AT 4465 SABAL PALM ROAD. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Let's go to 9. Ms. Lourdes Slazyk: All right, PZ-9. Mayor Clark: PZ-9. Ms. Slazyk: PZ-9 is an appeal from variance at 4465 Sabal Palm Road. The variance was for a height variance, and a setback variance, and a green space paved area ratio variance for the construction of a single-family residence. The Planning, Building and Zoning Department recommends denial. There is no hardship to justify the requested variances. This is new construction. Reasonable use of the property can be achieved without it. The height, however, I'd like to add for the record that the Department has initiated legislation which has already been through the Planning Advisory Board to amend the method of height, of calculating height, that instead of an overall height of 25 feet, we're going to go back to the way we used to calculate height under our previous Zoning Ordinance, which is an average of the distance between the gable or the eave and the ridge of the roof. If that legislation passes, they would no longer need the height variance here. The rest of the variances are still required, however. This went to the Bay Point Homeowners' Association. There are deed restrictions on the property, so they had to go through the association for approval, and they did get the approval from the association. Also, a separate class two permit will be required, if they get the variances for the actual construction, because it's on the water. Mayor Clark: All right. Mr. Sergio Rodriguez (Assistant City Manager): You might want to hear from the appellants, first. Mayor Clark: From who, the objector? Mr. Rodriguez: Mm-hmm. Mayor Clark: No, no. Commissioner Gort: It's an appeal. It's an appeal. Mr. Rodriguez: It's an appeal. Mr. John Shubin: This is an appeal. Mayor Clark: All right, the appeal. All right, go ahead. 80 March 27, 1995 Vice Mayor Plummer: It's in reverse. Mr. Shubin: For the record, my name is John Shubin. I'm an attorney with offices at 46 Southwest 1st Street in the City of Miami. I'm here today representing the appellants... Vice Mayor Plummer: Mr. Mayor, I think everybody has to be sworn in. Mayor Clark: I swore in everybody when I started. Vice Mayor Plummer: Especially the attorneys. Mr. Shubin: Sworn in twice. Mayor Clark: Go ahead. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: All right. Mr. Shubin: And I will be sharing my time with counsel for one of the other... Mayor Clark: This isn't Dade County Zoning, so just make your time quick and get to the point. Mr. Shubin: This will be very brief. Mayor Clark: We're not trying to go into a Simpson case here. Mr. Shubin: OK. Mayor Clark: No sidebars. Mr. Shubin: For the record, I'm here representing Lara, Inc. and Merrick Limited, and... as well as Maria Davila, who are the owners of the property at 4445 and 4450 Sabal Palm Road, which is adjacent to the property which is the subject of the variance. Mayor Clark: Are they members of the association? Mr. Shubin: I do not believe they are members of the association. Mayor Clark: OK. Mr. Shubin: If they are, they certainly did not vote in favor of any of the relief sought here today. Mayor Clark: Apparently not. That's elementary. Mr. Shubin: Again, it's very important to remember that this is new construction. We're literally dealing with an open lot. It's a buildable lot, like other lots in Bay Point. And what the applicant is seeking is three variances, a height variance, a front setback, and a percentage of landscaped area variance. The tests, and one of the key tests is the case of Herrera versus City of Miami, says that an applicant is not entitled to a variance unless there is a legal hardship. "Legal 81 March 27, 1995 hardship," in turn, is defined as depriving the property owner of all economically beneficial use of their property. I don't think Mr. Price will have any objection and will have... to that being an accurate recitation of the law. So what you have is an open space, a vacant lot, new construction, and the applicant is telling you that they cannot build a house without these three variances. Where the real test is, without these variances, are they deprived of all economically viable use of their land? It's not, could they build a house if they want, could they build the ideal house? That is, in fact, why they are here, and why they are requesting these variances. We believe there is... Staff has told you that they've recommended denial. Their recommendations are competent and substantial evidence. I'd like to reserve the balance of my time for rebuttal, and also introduce... Mayor Clark: If you have an application, you get rebuttal, but you better go right now, because there's only two minutes of rebuttal, that's all. Mr. Shubin: Two minutes of rebuttal will be fine. I just want to hear what Mr. Price has to say. Mayor Clark: All right, fine. Is this gentleman going to say anything now? Mr. Joseph Ryan: Yes. Mayor, my name is Joseph Ryan. I represent another appellant, Nicholas M. Daniels, who owns a piece of property across from the property the applicant owns and intends to develop. We filed an independent appeal. I'd like to save some time. I'd like to adopt and incorporate it, incorporate the arguments that counsel has just made. Mayor Clark: You'll have two minutes, also, with him. All right? Mr. Ryan: And I'd just like to reiterate that there's substantial and competent evidence proffered by the Planning and Zoning Department that denied the request that there is no hardship, and is supported by case law, the Herrera case, and we would urge that counsel recommend the denial, follow the recommendation of staff, and, you know, enforce the current, existing ordinance, which does not allow this variance, but, indeed, says that you cannot build to 29 feet. Mayor Clark: All right, sir. Mr. Ryan: Thank you. Mayor Clark: OK. Your name, for the record. Mr. Stanley Price: Mr. Mayor and members of the Commission, my name is Stanley Price. With me is Vicky Leiva, with the law firm of Eckert, Seamans, 701 Brickell Avenue. We represent the original applicant before the City. Initially, let me withdraw one of the requests for the variance, which would be the third request in regard to the amount of open space that would be required. We will withdraw that application and totally adhere to the Code provisions. That leaves us with two requests for a variance. The first one being a variance of the height. When Ordinance 11000 was enacted by the City of Miami, it failed to adhere to the previous rulings of the City. And I think the staff has acknowledged the fact that the previous rulings of the City was that you measured a roof line by the midway point of the roof, and therefore, under those terms and conditions, we would satisfy that Code. As a matter of fact, the last home built prior to the change in the Zoning Code, which is the Nunez home... OK. Which is four homes removed from the subject lot, is at a height of approximately three and a half feet higher than our property will be built. The staff has recommended, as you have heard, a change in the Code, which will be coming in front of the City Commission, which may moot out this request for a variance. That is the way the City of Miami has measured heights of single-family structures for the last, I believe, 30 years, prior to what I believe to be a scrivener's error in the Code. Once again, this comes before you in approximately 30 days. We're asking for the same consideration 82 March 27, 1995 everyone else in this subdivision has had in regard to the construction of the height of the building. Once again, it will be three and a half feet lower than the Nunez home, which was built approximately four years ago. In addition, the other variance we are requesting is from the front setback. As you are aware, Bay Heights is a private community. The roadways have never been dedicated to the City of Miami. They're private drives. In addition to being a private drive, the homeowners' association maintains approximately 16 and a half feet on this side of the roadway as common element. Therefore, our property line does not begin from the roadway. It begins approximately 16 and a half feet back from the roadway. As a private roadway system, and the fact that this is exclusively a single-family community, it is probably impossible that the homeowners' association would ever vote to enlarge the widths of the roadway. Therefore, we will be set back approximately 26 feet from the roadway. Why is that important? That is important for two reasons. Since 1940, when this subdivision was approved, there were regulations regulating setbacks on homes, and the setbacks which have existed, and we have a certified copy of the plat, which I'd like to enter into the record, the plat clearly indicates for the lots along the bay the setback would be ten feet from the property line, which is what we have requested. And if you measure the setbacks of all of the homes north of the subject property, you will find that that setback is ten feet. Now, one of the appellants here, we have checked their survey. This survey is 13 and a half feet. So they've gone back three and a half additional feet from what the plat restriction indicates, but still less than the 20 feet which was changed by Code, when 11000 went into effect. Also, one of the cardinal rules... And I agree with Mr. Shubin that you need an unusual and unique hardship to the property in order to obtain a variance. However, one of the exceptions to that rule is that if you have so violated or deviated from accepted norms for a period of time, then that is a basis not to adhere to the variance provisions. In the entire Bay Heights subdivision, and we've submitted maps to everyone... Vice Mayor Plummer: Bay Point. Mr. Price: Bay Point. Excuse me. ... Bay Point subdivision, you will note that there are only two remaining empty lots, this lot and another lot which is not on the bay. So therefore, what you'd be doing is, you'd be establishing a Zoning Code provision for basically one lot, and that's ours, because the other lot, which is shown in the pictures that we have given to you has a different setback requirement, because they are now in the bay. Yes, sir. Commissioner Dawkins: That piece of property up at the top of your picture, that's not a vacant lot? Mr. Price: No, sir. Commissioner Dawkins: That's not a vacant lot? Mr. Price: No, sir, because that is combined... Indeed, several of these lots were purchased... either two lots or one and a half lots were purchased at the same time. Several of the owners purchased the lot in order to have a larger side setback. There is not a separate buildable lot, sir. The two remaining vacant lots we have shown on the aerial that we have submitted to you, we believe that... We believe that to apply this regulation in this subdivision doesn't make any sense at all. In regard to Mr. Daniels' position, Mr. Daniels, obviously, has a special reason for opposing the variances. Mr. Daniels has enjoyed a scenic easement through this property for several, several years. Anything that's placed on this property is going to interfere with his view corridor. And if he wants to make it more difficult for us to build, that is the position they are taking. In regard to the property owner to the south of our lot, which Mr. Shubin represents, by pushing our property back another ten feet with the trellises and the like, we are going to be interfering with their view corridor to the north. Now, if that's the position they want us to build, we'll probably have to take that position.- But by placing the garage along the heavily landscaped _area here, which cannot be seen from their property, what we have done is, rather 83 March 27, 1995 than mash the building further to the east, we have distributed the building evenly on the site. We think it's a far better solution. And based upon the plat restriction, what we're suggesting to you, to apply the Zoning Code to this lot and this lot alone is discriminatory, and we don't think it's appropriate. Mayor Clark: All right. Mr. Price: I'd like just to ask the architect to come forward and testify. We have been asked by the owners of the home to the south if it would be possible for us to flip-flop our home, and then they would have no objection to this application. I want to state on the record why that is not possible. Mayor Clark: All right. And your name, for the record. Mr. George Azze: My name is George Azze. I'm an architect in Miami. When we laid out the building, we did so with the benefit of the north and the east of the property for the bedrooms, the same as all of the other houses here have. The property to the south, Mrs. Davila's house, has the bedrooms to the north, like we do, and the service area to the west and the south. Logically, in the afternoon, you can see the sun here. As it comes in from the west, you want your garage to block as much of that heat in the afternoon. Most of these houses have that layout. The north view is preferable for us, as it was for the property to the south. It would not be in my client's interest to flip it. They'd have a hot bedroom every afternoon. Mayor Clark: We understand you. We understand that. Thank you, sir. All right. Two minutes, Mr. Shubin. Mr. Shubin: Let me make a quick point. The first point is that the front setback - and I believe Mr. Azze and Mr. Price both told you this - is for a garage. If we were to flip it, I think it would eliminate the need for the front setback, and it would certainly eliminate our client's objection to any variances that would be required. Their justification is that it would create a, quote "hot bedroom." That is certainly not the legal justification for "hardship," in order to allow the applicant to obtain a variance. Remember what we're talking about. We're talking about new construction. The test is, are they depriving, are they being deprived of all economically viable use of their property? By their own testimony, they're not. Now, Mr. Price wants to make an argument about a proposed amendment to the ordinance that you all may pass in the future. You need to apply the law as it exists today. You need to apply the law as it relates to front setbacks. This Commission, to the best of my knowledge, has never allowed plat restrictions to supersede the Zoning Code. Mr. Price is asking you to let the plat restrictions supersede the Zoning Code as it relates to the front setback. That has never been done by this Commission before, to the best of my knowledge, and occasionally, I've advocated it, and it should not be done today. The test is hardship. It has not been met. Mayor Clark: Thank you, sir. All right. Does that other gentleman want to say something? Just echo, what he stated? Mr. Ryan: Yes. I'd just like to incorporate and adopt counsel's recommendations here, and opinions, and I have no further rebuttal. Thanks. Mayor Clark: Thank you. All right. We're going to close the public hearing now, and come to a decision. What's the pleasure of the Commission? Want the chair? Vice Mayor Plummer: Yeah, I'll take the chair. Mayor Clark: No, you don't have to. Go ahead, Mr. Gort. You going to say something? 84 March 27, 1995 Commissioner Gort: I think most of the property there, they're within the ten feet. The height is no problem. I don't have any problem to - This is an appeal, right? - to follow what the Planning Department recommended, the Zoning recommended. I move... The motion is to deny the appeal. Is that the motion you need? Mr. Rodriguez: No. The denial... Mr. Joel Maxwell (Assistant City Attorney): You want to deny the appeal? Mr. Rodriguez: The recommendation from the Planning Department was to deny the application... Mr. Maxwell: Yeah. Mr. Rodriguez: and uphold the appeal. Commissioner Gort: OK. My motion is to deny the appeal, and to uphold the application. Mayor Clark: Is there a second? Second. OK. Call... Commissioner Dawkins: I'll wait. I mean... Mayor Clark: We are voting in favor of giving these people a chance to build a home on this lot on the bay. The motion is in their favor at the present time. Vice Mayor Plummer: Can I ask a question? They also attached a stipulation in reference to obtaining a building permit within 12 months. That's part of it? Mayor Clark: And also recommended by... Ms. Slazyk: Yeah. That's standard for the variance. Mayor Clark: ... the homeowners' association. Vice Mayor Plummer: I want to ask one other question. Did I understand - and I want you to answer it - that the attorney for the objectors stated that if we move the garage to the other side, not set it forward or backwards, but just to the other side, they would have no objection. Commissioner Gort: Right. Vice Mayor Plummer: Was that his statement? Mayor Clark: Don't do that, J.L. Ms. Slazyk: I think you would have to ask him. I don't... I haven't seen a flip plan, so I don't... Vice Mayor Plummer: That was my understanding in his statement. Ms. Slazyk: Yeah, that if they flipped, they wouldn't need it. Mayor Clark: The architect... The architect stated he couldn't do that. 85 March 27, 1995 Vice Mayor Plummer: OK. That... No, no, no, that's not my point. The point is, they said they would withdraw their objection, if, in fact, they just switched the garage for the bedroom. Didn't speak to the setback up or back, just to switch. Mayor Clark: Yeah. OK. Vice Mayor Plummer: So that makes a big difference for me. Mayor Clark: Mr.... Commissioner Dawkins: Then what we're doing is voting against the recommendations of staff. Is that what we're doing? Mayor Clark: Either that, or you can say you're voting in favor of the recommendations of the neighborhood agency. Commissioner Dawkins: No, no, no. Mayor Clark: No. You're voting against their recommendation, sir. Commissioner Dawkins: I'm voting against... I mean, if we do this, we're voting against the recommendations of staff. Mayor Clark: Under the present motion, yes, sir. Commissioner De Yurre: Right. That's correct. Commissioner Dawkins: OK. Thank you. That's what the motion is. Mayor Clark: Yeah. All right. No further discussion? Call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-246 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO ALLOW A FRONT YARD SETBACK OF 10'-0" (20'-0" MINIMUM REQUIRED) AND A PROPOSED PAVED AREA OF 51.6% (40% MAXIMUM ALLOWED) PER ARTICLE 9, SECTION 908.10.1 DRIVEWAYS AND OFFSTREET PARKING, FOR A PROPOSED SINGLE FAMILY RESIDENCE AT 4465 SABAL PALM ROAD, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); PER PLANS ON FILE, ZONED R-1 SINGLE-FAMILY RESIDENTIAL, SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 86 March 27, 1995 019- ME Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: I have to vote with the recommendation of staff. I vote no. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Price: Thank you. That's with the withdrawal of the third variance. Mayor Clark: Yes, sir. That was stipulated. Vice Mayor Plummer: That's... That was understood. ---------------------------------------------------------------------------------------------------------------- 48. CONTINUED AGENDA ITEM PZ-8 (PROPOSED RESOLUTION SEEKING A SPECIAL EXCEPTION TO ALLOW NORTHWEST DADE CENTER INC. TO ASSUME OWNERSHIP TO CERTIFICATE OF USE NO. 105341 FROM THE SALVATION ARMY TO CONTINUE TO OPERATE A COMMUNITY BASED RESIDENTIAL FACILITY (CBRF) AT 250 N.W. SOUTH RIVER DRIVE -- URGE APPLICANT TO MEET WITH AREA RESIDENTS IN AN EFFORT TO REACH COMPROMISE. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: How about the next, Salvation Army? Commissioner Dawkins: I think the lawyer is here now, Mr. Mayor. Mayor Clark: Yes, sir. Al, Al, stand over here, will you? Move that easel out of the way, Al, as you walk by. Just kind of stick it down. Mr. Sergio Rodriguez (Assistant City Manager): PZ-8. We are on PZ-8 again now, right? Mayor Clark: PZ-8. Yes. Vice Mayor Plummer: We think. Mr. Rodriguez: We made a presentation before, and you were waiting for the lawyer for the applicant, right?... the appellant. 87 March 27, 1995 Mayor Clark: You heard the stipulation, tell you the stipulations about limited to so many, no walk-ins? Vice Mayor Plummer: No, not the applicant. Mr. Rodriguez: Appellant. Mr. Alberto Cardenas: Yes. We were... If they were the same that were made at the last hearing, we're familiar with the stipulations. For the record, my name is Al Cardenas, with offices at 201 South Biscayne Boulevard, Miami, Florida. And I'm here on behalf of the owners of seven properties in the immediate vicinity of the intended project. And in particular, La Coloma Marina, and the particular locations, geographical locations are 243 North South River Drive. 201 Northwest South River Drive, 601 Northwest 2nd Street, 609 Northwest 2nd Street, 216 Northwest South River Drive, 834 Northwest 4th Street, and 315-317 Northwest 9th Avenue. Very briefly, if I may, Mayor, because I think I'm familiar with the presentation, if we can rebut it briefly. At the last hearing, the applicants and the attorneys and folks for the Salvation Army suggested that perhaps the best way to convince us that this was a worthwhile program that would be compatible with the neighborhood was to visit their Northwest Dade Center, where they currently have similar facilities. And so our client, one of our clients, Mr. Daniel Rodriguez, did just that. And, frankly, when visiting the Hialeah Center and speaking with the neighbors in the immediate area, their findings far exceeded their worst fears. For example, we have here with us... and Daniel, if you'll bring it, I'll introduce it into the record. We have here the police, Hialeah Police Department report for grid 106 - excuse me - for grid 1016, which is the very immediate small area where this is located. In the last calendar year, there's an average of almost one complaint per week with respect to the 1339 Southeast 9th Avenue property, and over 200 calls with respect to the 4175 West 20th Avenue property, which is only 20 patients. We have here this grid 1016, which I have the computer breakdown here, and these grids refer to complaints as to these mental health facilities. We also have a neighbor, a resident homeowner in the immediate area in Hialeah, who came here from Hialeah, if you have time, to give him the opportunity to tell you what repercussions these centers have had in their immediate neighborhood. Most importantly, I will tell you that my clients own that Coloma Marina, which is immediately to the north and across the street from the intended facility. They have spent hundreds of thousands of dollars to finally get all of the County, local County/City permitting to build out the marina in the way that was originally intended. They have permits to do outdoor cafes. They plan to spend over a million dollars on the property. I'm here to tell you that that project will not proceed, cannot proceed, because it would not be financially prudent if the application that is before you today is approved. What's... furthermore, it's not just our clients. Ms. Sallye Jude, the managing partner of Miami River, forwarded to you a letter dated March 24, 1995. In there, she says: "Dear Commissioners: Within the past ten years, my partners and I have invested over $5,000,000 in the East Little Havana neighborhood. I have worked tirelessly to create school programs, increase park space, and to improve the image and well-being of the people in our area. We have several halfway houses, both licensed and not, in our neighborhood, and another facility would be a real detriment to the well-being of citizens and businesses. At the facility in Hialeah run by this agency, there are police calls, as well as crimes," et cetera, et cetera, et cetera. "I strongly urge you not to approve this request." I think furthermore, you know - the problem with this site is that it's in the midst of probably the City's most potentially rewarding area in terms of development, increase in property values, and increase in our economic development, which is the Miami River. This is immediately adjacent to the river. What is planned here are not only the marinas, but the outdoor dining facilities, all overlooking this project, and none of those projects will be successful, or, frankly, take effect, if you approve this project today. We have spent, as you know, for over a decade, hundreds of thousands of dollars in feasibility studies for the development of the Miami River and what we 88 March 27, 1995 plan to do with it. This project, in that immediate vicinity, would have a devastating effect on all these efforts that have taken place for over a decade. I want you to know that our clients have proffered to these folks at the Salvation Army to buy this site at above fair market value on a cash basis, so that they would not be, quote, "stuck with the property." They have also offered to swap their property for property which our clients own, which are considerable... is considerable raw acreage, where they can have a facility, literally, hundreds of acres for this purpose. We believe that their projects are worthy, but not necessarily at the location that they have selected, and strongly urge you, Mayor and members of the Commission, to consider the investments that our clients and others have made in the river, and the fact that without a doubt, and based on the police records of the City of Hialeah, this would be very detrimental. I would like, if I can, if you would spend one minute lastly to hear from the homeowner adjoining the Hialeah Center, to tell you, verbatim, what it is he has experienced there, if we may. Mayor Clark: OK. Wait a minute. Senator, do you want to speak on this item? (INAUDIBLE COMMENTS FROM THE AUDIENCE NOT ENTERED INTO THE PUBLIC RECORD) Mayor Clark: OK. All right, go ahead. Mr. Cardenas: Sergio, I believe we need a translator. Mayor Clark: You can translate for him. [NOTE: INTERSPERSED THROUGHOUT THE HEREIN PORTION OF THE TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATION BY SERGIO RODRIGUEZ.] Mr. Reinaldo Valea: EL PROBLEMA ES... My name is Reinaldo Valea. I live in 1344 Southeast 9 Avenue. I can't explain what happened in English. I tell it to Mr. Alvarez. Mayor Clark: Well, you go ahead, go ahead and tell us EN ESPANOL, and we'll have it translated. Mr. Valea: EL PROBLEMA ES QUE FRENTE A MI CASA HAY UN home, PERSONAS QUE NO TIENEN HOGAR. LA POLICIA DE HIALEAH, HA IDO MUCHAS VECES FOR complaint, MUCHOS, MUCHOS RUIDOS, MUCHO DESORDEN, Y NO ES BUENO PARA NUESTRO BARRIO QUE LAS PERSONAS QUE ESTAN ALLI ESTEN POR LA CALLE, PIDIENDO DINERO, TOMANDO CERVEZA. Translation: The problem is that in front of my house, there is a home of people that have no place to go. The police from Hialeah have been there many times because of complaints, a lot of noise, a lot of disorders. it's not good for our neighborhood, the people which are there in the street, asking for money. Mayor Clark: OK. MUCHAS GRACIAS. Thank you, sir. Mr. Cardenas: MUCHAS GRACIAS. Lastly, we had submitted at a previous hearing a petition with signatures of over 50 residents in the immediate vicinity, all of whom opposed the proposed project. And as you may know, there are a number of apartment buildings in the immediate vicinity which are in the process of being renovated, and all of the owners have, likewise, voiced 89 March 27, 1995 0,a,:. an objection to this project. So on behalf of the Rodriguez family, and on behalf of people who own property assessed at over $3,000,000 per year in the City - the Rodriguez family pays over $100,000 in property taxes per year in that immediate vicinity - we strongly object to this project, based not on its purpose, but its proposed location, and based on the negative effects it will have on people who have been working for over a decade to make the Miami River the tourist destination it ought to be. Mayor Clark: All right. Mr. Cardenas: So thank you very much. Mayor Clark: Thank you. Senator, stand up here and tell us what you think. You can use this mike. It's all right. Ms. Vicky Leiva: Mayor, may I rebut some of his points before the Senator speaks? Mayor Clark: You will, you'll have a chance. Relax a minute. Senator Sherman Winn: Thank you very much, Mr. Mayor. Nice to be here. You know, I'm quite surprised that my dear friend, the attorney for the opposition here to us, so calls these people "these people." These people are all human beings. I come before you as a parent of a person, a daughter who has a disability. And in Hialeah, I'm very proud to say that the Winn Center is stationed in Hialeah. We have 45 mentally handicapped clients. I visit with them periodically. I'm very proud that they named it The Winn Center... that I'm able to care for 45 mentally handicapped people. You know, it's very strange that people - and I respect all these people that are opposing this - and I have a total respect for their attorney. But what are we supposed to do with people that need help? My entire career, and many of you know that, has been dedicated to health and human services, in trying to help those that cannot help themselves. I believe that's an obligation that we, number one, as public officials, number two, as human beings and great citizens of this great State and this great County, that we have to maintain the dignity and help those that cannot help themselves. Now, what are we speaking about? We're speaking about a small facility of 75 beds. To hear that, people come up here and 1, again, I respect them all, to so state that they stand out there and they try to get money, et cetera, et cetera, we haven't found that out, and we haven't had that experience, not only in the Winn Center, but where my daughter is, that facility, which is the South Florida State Hospital and a facility there, and I don't see anybody -- and I visit there continuously -- going out, panhandling. So I wish that you would understand that we have a responsibility to help those that cannot help themselves. Thank you, Mr. Mayor. Thank you, Commissioners. Mayor Clark: Thank you, Senator. (APPLAUSE) Mayor Clark: A couple of moments in rebuttal to what Mr. Cardenas said, and then we'll come to a decision. Ms. Leiva: Mayor, first of all, I'd like to make a correction. The Northwest Dade Center is located at 4175 West 20th Avenue in Hialeah. The address that these gentlemen visited was the Shaman House, which is where individual homeless go right off the street. It is not the type of program that will be operated at South River Drive. Further, right next door to our Shaman Program, there is an ACLF (Adult Congregate Living Facility) that does not belong to Northwest Dade, with 40 beds, which creates most of the problem in the area. Thirdly, the police grid that they're talking about is for another facility operated by Northwest Dade Center, which is the Crisis Stabilization Unit. That Crisis Stabilization Unit is the place where the Hialeah Police 90 March 27, 1995 JIM;, t �e1Y � ii`uit Department takes everyone that they Baker Act. It's the only facility in Northwest Dade which offers that service for the Police Department. Further, I'd like to add that the fear that they keep speaking of, no investors coming in the area, you should be made aware that Mr. Rodriguez, the gentleman that is represented by Mr. Cardenas, is an investor, and has spent all those millions of dollars in that property, in that area, over the last four or five years, in full view, and right across the street from Salvation Army, with 250 beds licensed. Also, you should be made aware that Mr. Rodriguez owns many apartment buildings in the area which he has been renting to the Salvation Army clients, once they come out of the homeless facility of the Salvation Army and need transitional housing, the very thing that my client is trying to do. My client is authorized by your Code to have a rooming house at that facility, when they purchase from the Salvation Army, without a public hearing. The reason we're here is because, as a good neighbor... and to give an additional quality and services to the individuals who will be staying there. We want to be able to offer 24-hour supervision, therapy and vocational training at the site. We can have them housed there. We will be able to close on the property and run the rooming house. The only question is, are we going to run that rooming house as a straight rooming house, or are we going to have, by approval of this application, the facility to have 24-hour supervision on site? We feel strongly that that will be an added advantage, not only to the clientele, but it will give the community added securities. Mayor Clark: All right. Thank you. We just want a rebuttal. We're done making any more presentations. I'm going to close the public hearing now and ask my colleagues to make a determination. Commissioner Gort: I have a question of staff. Staff, what happens if we don't vote on this today, if we were to deny this? Mr. Rodriguez: If you deny? Commissioner Gort: Yeah. Mr. Rodriguez: The applicant has a right to use the property with 250 beds by subleasing it to somebody else, or using it themselves. Commissioner Gort: In other words, without coming in here, those people can take it over, and have 250 people in there. Mr. Rodriguez: The present owner, the Salvation Army... Commissioner Gort: Right. Mr. Rodriguez: ... can use it and have 250 beds, because they were permitted before. So they can use it, or they can sublease it to somebody else without coming to you. The reason they are here before you is because they are getting a change of certificate of use. Commissioner Gort: Right. I understand that. But Mr. Attorney, you listen to that, because we asked to defer this item so your clients could get together with the Salvation Army and try to work out the main problems and main reasons they have. If we were to deny this tonight here, you can still use that as 250 beds. The reason we requested the deferral was so that you guys could get together and you could take advantage of it, and put as many conditions as you thought were good for your investment and for the area, and unfortunately, that did not take place. Mr. Cardenas: No, the... Commissioner Gort: It's a shame. 91 March 27, 1995 4., Mr. Cardenas: Yes. The... They... They did meet... Commissioner Gort: But do you understand what happens if we deny, it? Mr. Cardenas: Right. Commissioner Gort: And your client understands that? What happens if we deny this tonight? They can still use it for 250 beds, rather than 75, without 24-hour supervision and all that. Mr. Cardenas: No, I understand. Commissioner Gort: See, I think they should understand that. I don't think they understand that. Mr. Cardenas: Well, the maximum capability, physically, in the premises are 73 beds. I mean, it's physically impossible to house more people. Commissioner Gort: My understanding is they have a permit, and they can house 250 people in there... Mr. Cardenas: Well, they would have to... Commissioner Gort: ... if we were to deny this, without any conditions. Mr. Cardenas: Right. Commissioner Gort: OK? The reason we deferred this was for you guys to get together and put some conditions. I just wanted you to be aware of that. Mr. Cardenas: No, we understand. Mayor Clark: Please, ma'am, no, no. Please. All right. Ms. Laverne Kreidt: How come we were never given the opportunity to speak? Aren't we supposed to, before...? Mayor Clark: Well, yes, ma'am. I gave everybody an opportunity to speak. You just walked forward a moment ago. We've been talking... Ms. Kreidt: Excuse me. We've been waiting for an opportunity to speak. Mayor Clark: Well, we've been... What's the pleasure of the Commission? I'm sorry you were cut out. You want to say something to add to this, or to detract, or what? Ms. Kreidt: Well, I'm in opposition. Is that what you mean? Mayor Clark: Go ahead. Ms. Kreidt: Thank you very much. I'm Laverne Kreidt. We have properties at 125, 129, 127, 131, and 151 Northwest South River Drive. Directly across from these properties, a parcel has just been obtained to create new housing there for families. It will be one block away from this institution or whatever it's to be called. I'm afraid I don't know the... the proper phraseology. We had been told it was a mental care facility. Then it was denied in front of you all, and we knew that not to be true. It is to handle mental situations. We've... I'm here to say that we were 92 March 27, 1995 here about a variance. This is a new variance. You all have declared that you're not going to have any more such facilities within the City. This is a new one. This is not the Salvation Army. This is a new one. You have said yourselves you would not do this. I don't understand. We had a town meeting. You gave us an opportunity for a town meeting. It was not in the area at all. We expected it would be in the area, we were told that it would be in the area. It was not. And as soon as the meeting was opened, it was turned over to the attorney for the... for the facility. I don't understand why the City did that. The City offered nothing. Vice Mayor Plummer: They've got to understand the alternative. Mayor Clark: We asked you all to... Ms. Kreidt: I don't know what to say. It's a new... Mayor Clark: I think you... You've made your point. Commissioner Dawkins: Mr. Rodriguez. Mr. Rodriguez: Yes, sir. Ms. Kreidt: Just like a railroad. Mr. Wallace Kreidt: I would like to speak. Mayor Clark: Come up and speak, if you want to. Mr. Kreidt: All right. Mayor Clark: Give us your name. Mr. Kreidt: My name is Wallace Kreidt, and I've had a business in the area since 1946. Mayor Clark: What is the business? Mr. Kreidt: I ran a freight boat out of that area. Mayor Clark: Yes, sir. Mr. Kreidt: And some fish houses there that are rented. And since they built the Salvation Army, the area has gone down, down, down. Vice Mayor Plummer: He wants to sell his property to the City. Mr. Kreidt: We have another halfway house within one block of this. It's your chance right now to upgrade the area. Mayor Clark: All right. Mr. Kreidt: Thank you. Mayor Clark: Thank you. Vice Mayor Plummer: Can I ask a question, Mr. Mayor. 93 March 27, 1995 Commissioner Dawkins: Mr. Rodriguez. Mayor Clark: Rita, come up. Just a moment, please. Commissioner Dawkins: OK. Go right ahead, Mr. Mayor. Mayor Clark: Ms. Suarez. Ms. Rita Suarez: Yes. Good afternoon, Mayor, Commissioners. My name is Rita Suarez. I am a former Northwest Dade board member. I was a board member of Northwest Dade Mental Health Center for three years. I went through the whole period of the new building, all of the new transitional housing that has been built by Northwest Dade, and I can attest to you, and I can guarantee to the Board of Commissioners that Northwest Dade will go and abide by the rules set forth by the Commission. The director of Northwest Dade, as well as the board of Northwest Dade and the employees are all very much aware of the prerequisites that the City has set forth, and this is only transitional housing. These are not mentally ill patients. They have already gone through treatment, and they're just transitionally there before they go ahead and are placed in a regular home. So I would appreciate you voting yes, because I am in favor of it. Thank you. Mayor Clark: Thank you. Commissioner Dawkins: Mr. Rodriguez. Mayor Clark: Yes, sir. Mr. Rodriguez: Yes, sir. Commissioner Dawkins: You said that this application is before us, why? Mr. Rodriguez: Because... Commissioner Dawkins: What's the reason you gave for it being before the Commission? Mr. Rodriguez: Because they are trying to change the certificate of use. Commissioner Dawkins: They're going to change the certificate of use. What is that? What does that say? Mr. Rodriguez: What that means is that they want to sell the property, and a new owner, if they were to buy the property, before they can do... Before they continue the use they have there now, they have to come before the Commission to get approval from you. Ms. Leiva: I'm sorry. Mr. Rodriguez... Commissioner Dawkins: No. Wait a minute, hold it now. You wait till I finish, will you, please? Ms. Leiva: Yes, sir. Commissioner Dawkins: Thank you. Following... Mr. Rodriguez: And basically, this is because of a change of ownership. You know, they want to sell the property. 94 March 27, 1995 Commissioner Dawkins: Following the thought pattern of Commissioner Gort, since they're asking for a change in certificate of use, can we set a bed limit of 75 persons, no more, as a condition for granting them the certificate of use? Mr. Rodriguez: For sure. Yes, you can do that, sir. Commissioner Dawkins: Mm-hmm. OK. Well, why, you know... I mean, but that can be done. Mr. Rodriguez: Yes, sir. Commissioner Dawkins: OK. Thank you. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I'll be frank with you. I was at a program today in a meeting with people from that area, and I think this... I'd prefer... I'd like to see this item deferred again, and those people to really understand, the people in opposition, what's in front of them, what are the consequences if this is denied, and try to come up with an agreement. I think you guys can come to an agreement. You've got a situation right now that you might be able to improve, using your brain. And Mr. Cardenas, you know the... you've been in here before. You know what it's like, and you know that you can take advantage of this, and we can make something worthwhile. Commissioner Dawkins: What's your motion? Commissioner Gort: I'm ready to move to defer. Ms. Leiva: Excuse me. Mayor, if I may. Commissioner Gort: I think they should get together again. Commissioner Dawkins: Second. Second. Ms. Leiva: I can't... Mr. Maxwell: To a date specific? Ms. Leiva: Mayor, this will work... Mayor Clark: First... No more... No... Ms. Leiva: ... irreparable harm. Mayor Clark: No. Commissioner Gort: I think they should be here next month... Next available meeting, they should be here. Mayor Clark: Motion to defer. There's no more comment. The date certain will be the second meeting in May. Vice Mayor Plummer: Well, Mr. Mayor, I ,just want to make one comment. 95 March 27, 1995 P44'A Mayor Clark: Well, wait a minute. Mr. Maxwell: April, April. Vice Mayor Plummer: All right. Mayor Clark: Let's get a... Vice Mayor Plummer: April is correct. I think the people that are... The objectors have to understand that if we do nothing, what the consequences are. Mayor Clark: It's serious. Vice Mayor Plummer: To me, it's very clear. These people can turn around tomorrow and put double bunks in there, and at least double what they've got today. Now, I'll be honest with you. If I had my choice, I'd rather sell it to the private owner, and let the... get it back on the tax roll. That's not going to happen. That's not going to happen. Let's admit the truth, OK? Commissioner Dawkins: Mr. Mayor, Mr. Mayor. Vice Mayor Plummer: So I'm just saying that we've got to, somewhere along the line, it's got to be understood, what is the alternative if we deny this application. Commissioner Dawkins: Yeah, but you still are not accepting the fact that the Salvation Army is desirous of unloading it. They're not desirous of maintaining it and putting 300 people in it. The Salvation Army has built a new facility... Unidentified Speaker: That's not true, that's not true. Commissioner Dawkins: ... and let's face it, grants are slim, money is short, and no doubt, they need money. Vice Mayor Plummer: I hear you. Commissioner Dawkins: So they're in... They have to... they would... I'm sorry. I'm putting words in their mouth. They have to unload this property in order to, perhaps, help with the other building. Mayor Clark: Give me a date in May. Ms. Leiva: Mr. Mayor, please... Mayor Clark: Please, please, no more. That's enough. Commissioner Gort: April. Mr. Rodriguez: May 25th. Mayor Clark: There's a motion on the floor to defer. Commissioner Gort: Can we get it April 27th? Mayor Clark: April the what? 96 March 27, 1995 Vice Mayor Plummer: Twenty-seventh. Mr. Rodriguez: May 25th or April 27th, whatever you prefer. Mayor Clark: May the 25th. Call the roll. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 95-247 A MOTION TO CONTINUE AGENDA ITEM PZ-8 TO THE MEETING PRESENTLY SCHEDULED FOR APRIL 27, 1995 (PROPOSED RESOLUTION SEEKING APPROVAL OF SPECIAL EXCEPTION TO ALLOW NORTHWEST DARE CENTER, INC. TO ASSUME OWNERSHIP OF CERTIFICATE OF USE NO. 105341 ' FROM THE SALVATION ARMY FOR THE FACILITY AT 250 N.W. SOUTH RIVER DRIVE TO CONTINUE TO OPERATE AS A COMMUNITY BASED RESIDENTIAL FACILITY [CBRF]); FURTHER URGING APPLICANT TO MEET WITH AREA RESIDENTS IN AN EFFORT TO REACH A COMPROMISE OR RESOLVE AREA RESIDENTS' PRESENT OBJECTIONS; AND FURTHER REQUEST THE ADMINISTRATION TO BRING BACK THIS ISSUE FOR CONSIDERATION ON THE AGENDA OF THE APRIL 27, 1995 CITY COMMISSION MEETING. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner De Yurre: I have to vote no. I was ready to vote on this last time, and it got deferred, and I'm ready to vote for it now, and it's been deferred again, so I have to vote no. Vice Mayor Plummer: I've got to vote yes. Mayor Clark: I think they can work something out. I vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Clark: May the 25th, that's the last meeting. Vice Mayor Plummer: Well, wait, wait, wait. Mr. Mayor, excuse me. Why May? Why not April? Commissioner Gort: April 27th, they can do it. Mayor Clark: We're going to have a... OK. Well, April 27th is all right with me. First meeting... 97 March 27, 19.95 Vice Mayor Plummer: Excuse me. I thought that's what I was voting on, April 27th. Mayor Clark: We got a double meeting that time, that's all. Vice Mayor Plummer: Yeah, but as far as I'm concerned, that's going to be a brief meeting, as far as this item is concerned. And I just... Ms. Leiva: Mr. Mayor... Vice Mayor Plummer: I would love to see that they come back in and unify together what they're going to do... Ms. Leiva: We lose... Vice Mayor Plummer: ... because this is the time for the objectors to go in there and make your best deal. Ms. Leiva: We lose the funding, for crying out loud. These are CDBG (Community Development Block Grant) funds that are coming through the County, and we have to break ground before a certain date on the improvements and transfer. Mayor Clark: What date do you have? Ms. Leiva: What is the date? Unidentified Speaker: What is the date that we have for the completion? Ms. Leiva: June? Unidentified Speaker: September. Unidentified Speaker: With renovations, it's September. Ms. Leiva: With the renovations completed, it's September. Vice Mayor Plummer: Oh, you can make that. Ms. Leiva: I believe that the date for ground breaking is June 31st. Vice Mayor Plummer: You can do that. Mayor Clark: That's plenty of time. If you got it today, you'd only be 30 days down the road. Ms. Leiva: That's 30 extra days, Commissioner. We have to have plans made and everything. Commissioner De Yurre: I won't be there. Mayor Clark: We have a motion that was passed on the floor to hear this on May... April the 27th, right? Commissioner Dawkins: Yeah, we moved it up to April. 98 March 27, 1995 Mayor Clark: April the 27th. Vice Mayor Plummer: April the 27th. Ms. Leiva: April 27th now, sir? Mayor Clark: April 27th. Vice Mayor Plummer: Yeah. And so that there won't be any other complaints, may I inquire as to why you can't have the meeting in the area? Is that possible? Mr. Rodriguez: We... Yeah, but let me tell you, we had the meeting four blocks from the area. Mayor Clark: No, we'll have it right here. Have it right here. Ms. Leiva: The meeting was in the area. It was at your City Administration Building. Mr. Rodriguez: We found a neutral ground. Vice Mayor Plummer: Well, that's in the area. They said it wasn't. Ms. Leiva: That's in the area. Mr. Rodriguez: Yeah. Vice Mayor Plummer: Well, I'm sorry. It was, it was. That's it. Thank you. Good-bye. Mayor Clark: Next case. Thank you all, folks, for coming down on that item. May... April the 27th. AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA. ---------------------------------------------------------------------------------------------------------------- 49. APPROVE PLAN FOR RESTRICTION OF VEHICULAR ACCESS TO CERTAIN STREETS IN THE SHORECREST NEIGHBORHOOD, AS VOTED BY THE RESIDENTS OF THE AREA TO ALLOW RESIDENTS TO TAKE THEIR REQUEST BEFORE THE COUNTY COMMISSION -- IF REQUEST WERE TURNED DOWN BY COUNTY COMMISSION, ISSUE COMES BACK BEFORE CITY COMMISSION FOR FURTHER CONSIDERATION. Vice Mayor Plummer: Are we going to do the Shorecrest now? Mayor Clark: Yeah. Let's do the Shorecrest. It's five o'clock. Vice Mayor Plummer: We'll have an empty house. - 99 March 27, 1995 Mayor Clark: I'd hate that. Vice Mayor Plummer: Ha -ha-ha. Mayor Clark: All right. Folks, please leave quietly. We have many more matters to consider here today. What's the next item, ma'am? Commissioner Dawkins: Five o'clock, Shorecrest. We're going to do Shorecrest now. Mayor Clark: Is everyone here on Shorecrest? (AUDIENCE YELLING) Mayor Clark: Wait a minute, now. You can go out the door as quick as you came in, too, hollering like that. We don't allow that in here. I just asked a question. Item 22. Mr. Rodriguez. Mr. Sergio Rodriguez (Assistant City Manager): Mr. Lee. Mayor Clark: Let me tell you, we're not trying an exercise in futility here today, but let me tell you what's going to happen. I'm going to ask a few questions. Mr. Lee? Mr. Wally Lee (Assistant City Manager): Yes, sir. Mayor Clark: When does this item go before Dade County? Mr. Lee: Commissioner, we... Mr. Mayor, we take the recommendation of this Commission to Dade County Public Works Administration. Then they will make certain... We have to meet certain of their requirements, possibly another traffic study, and then based on that, they'll make a decision. This is handled... Vice Mayor Plummer: Well, may I inquire, Mr. Mayor? Mayor Clark: Yes, sir. Vice Mayor Plummer: When you take it to Public Works... If we deny it here, there's nothing to take; is that correct? Mr. Lee: That is correct. Vice Mayor Plummer: All right. If we approve it, it goes to Public Works. If they deny it, which they have already indicated they would, does it then go to the Commission? Mayor Clark: No. Mr. Lee: No, sir. Mayor Clark: It's finished. Mr. Lee: It's finished. It's an admin... Vice Mayor Plummer: Well, then my question has to be, have they not sent a letter indicating that they were going to deny it? 100 March 27, 1995 Mr. Lee: They were going to... They will deny certain closures, but that doesn't mean we cannot try to convince them. Commissioner Gort: Not all of them. Vice Mayor Plummer: OK. And are you going to bring to our attention those closures which they say they would deny? Because, I mean, let's don't spin our wheels. Mr. Lee: Yes, sir, I'll be glad to. Vice Mayor Plummer: If, in fact, we're going to send it to them, and they've already told you in advance that they're going to deny this, and they have that right to do it without an appeal, are we not then spinning our wheels, if we send it up to the contrary? Mr. Lee: To a certain extent, yes, sir. Vice Mayor Plummer: Well, what's the certain extent? Yes or no? I mean, I would like to know from the Administration, whenever you're ready, what are those things that they have said that they would deny? Because I think that has to be on the record very clearly... Mr. Lee: OK, sir. Vice Mayor Plummer: ... that regardless of what we do here, they hold power over us, and have said they're going to deny it. I cannot believe, though - I got to be honest on the record - I cannot believe that the Public Works of Dade County or any municipality does not have an appeal to their Commission. I can't believe that. But I'll take it, if that's what you tell me. I mean, I have to accept it, but I want to know, Mr. City Attorney, is that your understanding, that they cannot appeal? Mr. Joel Maxwell (Assistant City Attorney): Quite frankly, Commissioner, I'm not aware of that issue, and I would have to look into whether or not there's a methodology, but generally speaking, you can appeal administrative decisions. But whether or not this particular type request has an appeal process, I would have to check into it. Vice Mayor Plummer: OK. Mayor Clark: I don't know where we proceed from here. Vice Mayor Plummer: Mr. Mayor, I have two other things that I would ask that they be spoken to when they're talking. Number one, I have had expressed to me concern relating to the safety in and around the school on 87th Street, as it relates primarily to the picking up and discharging of students from school buses. Number two, I want to know on, I guess, it's barricade 12, where this Commission allocated that that should be to the north of 80th Street, somebody, without this Commission's approval seemed it necessary, and moved it to the south of 80th Street. And I would like to have answers to both of those questions, whenever you make your presentation. Mr. Jim Kay: Mr. Mayor and members of the Commission, this, of course, is a public hearing to consider the Plan A that's been in effect since August of last year. Twelve barricaded streets were proposed for the Shorecrest neighborhood. They are shown in your packet, shown as Plan A, and also shown at the present time on the overhead screen. The Public Works Department has conducted a comprehensive study of the program, taking into consideration the recommendations of our Police Department, our Fire Department, we have recommendations from Dade County Public Works, Dade County School Board, Solid Waste, and we do not have any hard recommendations from Florida Department of Transportation, but only a letter 101 March 27, 1995 indicating their disapproval of these portions of the plan. Our recommendation is to leave four of the barricaded streets open. Those are barricade number 10, which is at Northeast 8th Court and 85th Street, which is by the school, Phyllis Miller Elementary School; barricade number 12, we're recommending that one be eliminated, which is on Northeast 7th Avenue just north of 79th Street; also barricade number 11, which is at Northeast 81st Street, just east of Biscayne Boulevard; and barricade number 3, which we can recommend be relocated to Northeast 80th Street, just east of North Bayshore Drive. And I'd like to take them one by one, if I could, just to give you our reasons why we believe they ought to be eliminated. The first one I'd like to take is barricade number 3. You notice on your map, the only way... actually, the two ways to get across to the east side of North Bayshore Drive. One is via 79th Street as a left turn; the other is across Northeast 80th Street. If you'd take a look at Northeast 80th Street, North Bayshore Drive, which turns, of course, into Little River Parkway, is three lanes westbound. When they come across the 79th Street Causeway, they're coming at a pretty good clip around that turn. And we believe for safety reasons, not for traffic reasons, but for safety reasons, that that street should remain open at Northeast 81st Street, because of the visibility clearance needed for motorists to... in that area. Also, barricade number 10, which is up by the school... Commissioner Dawkins: Just a minute. May I inquire, Mr. Mayor, please? Mayor Clark: Yes, sir. Commissioner Dawkins: You are going to move 3 to 80th Street, and you already have 4 on 80th Street. How are you going to put the two barricades on 80th Street? Mr. Kay: We're just saying it could be moved there. We're not really recommending that it be moved there. Commissioner Dawkins: Well, no, no. But I still ask you, Mr. McManus (sic), you've got a barricade on 9th... 9th... Northeast loth Avenue and 80th Street, according to the plan, now. Mr. Kay: Mm-hmm. Commissioner Dawkins: Now, you're telling me that we're going to move barricade number 3 from Northeast 81st Street to Northeast 80th Street and Bayshore Drive, which means you have the people on 80th Street, from loth Avenue to Bayshore Drive, they'd be barricaded... they can't get in or out. Mr. Kay: No. They can get out on loth Avenue. They can get out on 10th Avenue. Commissioner Dawkins: Get out where'? They get out on loth Avenue? Mr. Kay: Yes, sir. Again, that is not a... That does not come as a strong recommendation to relocate that there. We're saying it's a possibility. We wouldn't have any objections to it. Mayor Clark: All right. Mr. Gort. Commissioner Gort: Mr. Mayor, let me ask a question. My understanding is that the reason you have number 3 is to avoid the thoroughfare of people using Bayshore into Biscayne Boulevard... Mr. Kay: Right, people who want to... Commissioner Gort: ... to go right through it. Now, my question is, can we do it the same way as we did in other places, have that as one way out, allowing people to come out, like is being done in Bayshore here, right across from Mercy? 102 March 27, 1995 Mr. Kay: Well, I... Maybe I didn't express that clearly. The reason for taking barricade number 3 down was in order to be able to cross North Bayshore Drive, to get to the area that is on Northeast Bayshore Court, because you have barricades on Northeast 12th Avenue, and looks like Northeast 11th Avenue there. There's no access to that shoreline area, no safe access. [INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.] Mayor Clark: Please, please, now, control it, control it. Mr. Kay: We're looking for safe access to get across... Commissioner Gort: No, I understand what you're saying. Mayor Clark: You know, you... let me tell you... Commissioner Gort: But my understanding is, people that live here in Bayshore Court, they can come right into North Bayshore, and go out that way, utilizing Bayshore. Vice Mayor Plummer: Huh? Commissioner Gort: North Bayshore Drive. Mayor Clark: Let me say this. We're just confusing all these people, and ourselves, too. We're not traffic engineers, by any stretch of the imagination. I don't know who put these barricades up in the position they are now. Who put them up? You did? Vice Mayor Plummer: The City. Mr. Kay: We put them up at the direction of the City Commission, yes, sir. Mayor Clark: What Commission? Vice Mayor Plummer: This Commission. Mayor Clark: I wasn't here, was I? Vice Mayor Plummer: No. Mayor Clark: No, I know I wasn't here because... Vice Mayor Plummer: Can I ask a question? Am I to assume... Let me use barricade number 4. Mr. Kay: OK. Vice Mayor Plummer: Is barricade number 4 on the west side of the intersection? Mr. Kay: Yes, sir, it is. Vice Mayor Plummer: OK. Now, if you eliminate... What we're trying to do, as I understand it, is to keep neighborhood traffic to neighborhood capacity, OK? Now... Please, please. If you eliminated number 3, you're going to allow all that traffic coming off of... westbound on what was the causeway, going up to 81st, which is now the one-way, to go through the intersection 103 March 27, 1995 again. Now, would you consider... Let me ask this question. Well, that wouldn't work. I was going to say put number 3 over where number 4 is, and block it off there, but that's... Mayor Clark: You know where we're going? Absolutely in a circle. Vice Mayor Plummer: You're right. Mayor Clark: How many... Now, let me ask this question. No hollering or jeering. How many people want to leave the barricades like they are today? The Audience: Everybody. Mayor Clark: Wait a minute. Be quiet. Vice Mayor Plummer: No, that's not correct. You have some here... Mayor Clark: I'm asking the question, now. How many people want to leave the barricades in the same position they are today? Now how many... Put your hands down. How many people want to change this system? Vice Mayor Plummer: OK. Then there's another question, Mr. Mayor, and it's a question I get back to. Are we really spinning our wheels, where we're being told by the County that they're not going to approve these? I'll tell you, from what I'm looking at here, if barricade 10, 11, 12 and 3 are denied, the whole plan goes asunder. Unidentified Speaker: Amen. Vice Mayor Plummer: Now, but wait a minute, whoa, whoa. I'm being told that they supersede us, and there is no appeal procedure. I think... This is going to sound crazy, and I know it's going to get a "boo," but I think we need to know that. I think we need to know whether or not that this denial here cannot be appealed or it can, because if it cannot be appealed, we're wasting our time. If it can be appealed over this, then that's a different ball game. Mayor Clark: You're wasting your time. Vice Mayor Plummer: But other than that, we're spinning our wheels. Mayor Clark: I told you that. Mr. Dawkins. Commissioner Dawkins: Whatever you do, we need to remove 10, whatever you do. Now, I've been out there with the school. I walked it with Dr. Stinson, we rode it, and they were looking at it from an educational... They had nothing to do with residency. They were looking at it only from an educational point of view. And the first thing that Dr. Stinson said was, if a parent got a call to come to the school immediately for their child, and they come up to the barricade, they're already jittery and nervous, because it said come immediately, and they've got to ride around and try to find a way to get into the school. So I would hope that this Commission, whether appealable, unappealable, or what, that 10, for the benefit of the youngsters, and the parents, and the school, be removed. Mr. Cesar Odio (City Manager): Commissioner, the County... Commissioner Dawkins: Yes, sir. Mr. Odio: ... is precisely saying that number 10 has to be removed. 104 March 27, 1995 Commissioner Dawkins: Well, I agree with the County. Mayor Clark: The County says number 10, number 11, number 12, and number 3 would not be approved by them at any stretch of the imagination. It says that... Read this letter so you can get an idea of what they're thinking. Mr. Odio: You want me to read it? Vice Mayor Plummer: Make it a part of the record. Mayor Clark: Yes. Commissioner Dawkins: Yeah, please read it, Mr. Manager. Mr. Odio: "We have evaluated the subject street closure program, and based on traffic circulation needs, safety concerns, and response time for emergency services, we object to closures at the following locations: Barricade number 10, Northeast 8th Court and Northeast 85th Street at East Dixie Highway; 11, U.S. 1 and Northeast 81st Street; 12, Northeast 7th Avenue at Northeast 79th Street; and 3, North Bayshore Drive and 81st Street. We have no objections to barricade number 4 on Northeast 80th Street, provided it's relocated from Northeast loth Avenue to North Bayshore Drive. We also have no objection to barricade number 9 on Northeast 83rd Terrace. However, we suggest that it be relocated closer to U.S. 1 for uniformity. Since Biscayne Boulevard, Northeast 79th Street and Northeast 82nd Street are State -maintained facilities, our approval for the remaining barricades will also be contingent upon Florida Department of Transportation's granting approval for permanent closures. The Department is withholding final approval on permanent closures pending completion of after -study. Following removal of barricades at the above -mentioned locations, we recommend monitoring of resulting traffic patterns to see if any modifications to the traffic control devices are required." That's basically the letter, signed by Pedro Hernandez, P.E., Acting Director of Public Works at the County. Vice Mayor Plummer: And you know what? The thing that's a real problem is just those two agencies mentioned in that letter. The State of Florida has not taken the initiative to maintain and put in adequate roads. The County, I'm sorry to say, my good friends at the County have not put in adequate roads, and they are just absolutely a "Band-Aid" barricades to an overall situation where you're carrying so far in excess of capacity that people are trying to get off of the roads where they should be. It's ridiculous. (APPLAUSE) Mayor Clark: Well, I'm trying to figure out what in God's world we're going to try to accomplish here today. It's amazing to me. We can't accomplish anything. Commissioner Dawkins: Nothing, nothing. Vice Mayor Plummer: I agree, until we have an answer. Mayor Clark: There's not a thing... We're just handcuffed. 105 March 27, 1995 Commissioner De Yurre: Well, Mr. Mayor... Commissioner Gort: Mr. Mayor... Mayor Clark: Yes. What do you suggest? Commissioner De Yurre: Well, let me say, I think, certainly, this is what the people voted for, what is being proposed here today. Vice Mayor Plummer: That's correct. Commissioner De Yurre: You know, and maybe to start the process, if we say, hey, let's go ahead with this, and let the community work with the County. If it can't be done, then to see what's an alternative, and they will be that much closer to accomplishing something. I would be in a position... When we get 78 percent or something like that of the people saying yes to something, you know, I have to listen to that. So, you know... (APPLAUSE) Commissioner De Yurre: There are concerns that have been addressed by our Department, concerns also by the County, and I think that maybe, you know if we start this process now, let them work it out and see how far we can go, you know, working within the parameters of what the people want. Mayor Clark: Good, good idea. What process are you going to start? Commissioner De Yurre: Well, let's get this going so that the County can deal with it. And if this... Mayor Clark: Well, tell me what you want to get going. Tell me. Give me a starting point. Commissioner De Yurre: I would move to get this thing approved, and let's go through the process. Vice Mayor Plummer: Yeah, there's only one problem. Mayor Clark: Get what approved? Vice Mayor Plummer: There's only one problem. Commissioner De Yurre: What the people voted for. Vice Mayor Plummer: No, no, that's not the problem. That's understood. OK? And if there was no County regulations in here, it's an easy vote for me. OK? But my concern is, let's say we approved what is proposed here today by the people who voted, and the County does, in fact, have the right to knock out 10, 11, 12, and 3. You've got a bastardly child, and that's what bothers me. That's what bothers me. Commissioner De Yurre: Well, the idea would be that if they knock out these four, that they would come up with an alternative. Commissioner Gort: Alternatives. Vice Mayor Plummer: Don't hold your breath. 106 March 27, 1995 �#1NkYVi-� Commissioner De Yurre: Well, then that's it. Alternatively, we do nothing here today, the barricades stay up, or they don't stay up, depending what we do, so... Mayor Clark: I want to hear from Mr. Shubin right now, and see if he can get us off dead center. Mr. John Shubin: For the record, John Shubin, with offices at 46 Southwest 1st Street in the City of Miami. I'm here today representing the Shorecrest Homeowners' Association. And I think it's fairly clear, many of these people have already been recognized. They want approval of the original plan, not the amended plan as set forth by Public Works. I think Commissioner... Mayor Clark: Wait, wait, wait. Have you given us an amended plan? Commissioner Gort: Yes. Mr. Kay: Sir? The resolution proposed before you today is an amended plan. It's the amended Plan A, which eliminates four of the barricades. That's staff recommendation. Commissioner Dawkins: But staff is recommending that that the County suggested it recommend. This is not staff's recommendation on it's own; is that correct? Vice Mayor Plummer: No, they're identical. Mr. Kay: Yes, sir... Commissioner Dawkins: All right. Thank you. All right, then. Mr. Kay: ... it is staff's recommendation. Commissioner Dawkins: But, see, don't let Mr. Shubin say that staff did this. The County has said that this is something they suggested, and staff went along with what the County suggested. Is that a true statement? Mayor Clark: True. Mr. Kay: It was... It was... I can tell you, honestly tell you that it was done with both agencies working together. Commissioner Dawkins: That's what I'm saying. Mr. Kay: Yes. Commissioner Dawkins: That's the same thing. Don't let Mr. Shubin say we did it by ourselves. Mr. Shubin: I would never say that, Commissioner. In fact, this is the orig... The original plan is the plan that was set forth by the community, that was endorsed by 78 percent of the homeowners' association. We understand the basis for the amended plan. We simply oppose it. It's as simple as that. Vice Mayor Plummer: No, it's not. Mr. Shubin: Our position... And I would endorse what Commissioner De Yurre said. Let us take the heat. Let us try to work it out with the County, and if it doesn't work, if it fails, the community will have to deal with it. But if you... 107 March 27, 1995 Mayor Clark: Boy, I think you've got open arms of glad tidings. Go ahead. Mr. Shubin: I think the community wants the original plan. If it can't fly with Public Works, if it can't fly with DOT (Department of Transportation), the community will have to deal with the consequences. But I think that what you're attempting to do, or what has been suggested is to take a plan that the community really doesn't want that may fail, and bring it up to the County. Mayor Clark: He's right. He's right. Mr. Shubin: Let the community that is going to have to live with... I'm sorry. Commissioner Dawkins: I have no problems with what you're saying... Vice Mayor Plummer: That's what I'd like to do. Commissioner Dawkins: ... if you and the Shorecrest Homeowners assure me and the rest of the Commissioners that any liability for any reason whatsoever, even if it brought about litigation by the County, that you will assume the liability. Because you're telling me here that I should go against the Home Rule Charter of the County, and overrule that which they suggest, and vote along, because I agreed with... and I still agree with the homeowners, because I never should have voted for the first barricade, and I'll vote for every other barricade. I have no problem with it. But there's... When you have something that's, in my opinion, legal, I'm going to vote to follow the County's recommendations, if I vote by myself. Mr. Shubin: I think what happens is there might be some misinterpretation about the County's recommendations. I would point in your package to the second page of your kit, where it talks about the Public Works Department. It says the County is concerned about the Fire Department's comments about emergency access. Well, there has been a lot of discussion, a lot of give and take dealing with emergency access. The homeowners are willing to endorse a plan where the barricades can be driven through. That may alleviate some of Public Works' and some of the Fire Department's concerns. But let's at least let the community deal directly with the Public Works Department, rather than let all the translations come in, trying to read the mind of the County. Mayor Clark: Let the community... Commissioner Dawkins: OK. Now, what did you say... What... Tell me the portion you just read from that said Public Works... Say what, now? Mr. Shubin: I'm reading from the kit. Commissioner Dawkins: Yeah, well what page are you on? Mr. Shubin: Number 22, on page 2, where it says "Dade County Public Works Department." These are... Commissioner Dawkins: Page 2, Dade County Public Works Department. Mr. Shubin: And I don't know who prepared... Commissioner Dawkins: Wait a minute. Dade County... That's on page 3 of mine. Mr. Shubin: Page 3 of 4, yes. 108 March 27, 1995 Commissioner Dawkins: OK. Now, and what... What would happen, Mr. City Attorney, if I were to submit... I mean replace the paragraph, "Dade County Public Works Department" with the letter that we got from Dade County, and put it in here in the record? What would... Mr. Maxwell: I'm not sure I understand the question. Commissioner Dawkins: Because, you see, he's... We got this since this was printed. OK? Mayor Clark: This is dated March the 20th. Commissioner Dawkins: That's right. This is more recent than what we have here, Mr. City Attorney. So Mr. Shubin is reading from that which is old, because we did not have this at that time. Mr. Maxwell: Well, regardless of the... Commissioner Dawkins: March 14th is when this was... So we received different wording on March 20th. Mr. Maxwell: Regardless of the letter, Commissioner Dawkins... Commissioner Dawkins: Mm-hmm. Mr. Maxwell: ... the question is whether or not the County will force you to accept its recommendations, and the answer is yes, they have preempted that field. And you... What they're telling you is that this is what they want, and you should abide by their recommendation. Vice Mayor Plummer: I still... Commissioner Dawkins: That's what... Well, what you're saying, Mr. City Attorney, I hope, is that if we do anything or not, our recommendation to them is that they go en masse, just like they are here, to the County, and demand that the County hear them, and give them what they want. Is that what we're saying? Mr. Maxwell: Yes, sir. Commissioner Dawkins: Thank you. Vice Mayor Plummer: If that's legal. Mr. Shubin: Let me try to clarify something. Mayor Clark: Don't windmill it, now. Mr. Shubin: There was a question about preemption. I don't think that what the City Attorney... Commissioner Dawkins: Well, argue that with the County, sir. Mr. Shubin: Absolutely. Commissioner Dawkins: Argue that with the County. Mr. Shubin: Absolutely. That's my point. It's not that you can't act on it. It's that if you act on it, you can ultimately be superseded by the County. 109 March 27, 1995 0,a,:. f`f Mayor Clark: It would just be an exercise in futility, is what it would be. Mr. Shubin: Or it could be an... Mayor Clark: Mr. Shubin, you're a great attorney. You know what to tell the Shorecrest Homeowners' Association. Go down there and represent them properly. Mr. Shubin: I will do that. I will do my best, and I think they... Mayor Clark: I'm not trying to tell you what to do, but I think they understand right now what's going on here. We're just handcuffed is all. Commissioner Dawkins: That's all. Mr. Shubin: Now, we also have an expert that we have retained that can discuss some of the specific objections. Doctor... Mayor Clark: We can't... How can we get into that here now, when you're going to the County? Mr. Shubin: Well, I'm asking you, as long as you're going to tell us, or you're going to vote for the original plan and let us try to resolve it with the County, I'm going to keep my mouth shut and wait for the vote. Commissioner Dawkins: Well, I'm not voting for that. I'm voting to remove 10... (NAYS) Commissioner Dawkins: Now, you... You can't tell me what I'm voting for. You can tell me what you'd like to have me vote for. I'm telling you what I'm voting for. OK? Mayor Clark: Please, please. (BOOS) Mr. Shubin: Quiet. Mayor Clark: Now, wait a minute, wait a minute, wait a minute. Commissioner Dawkins: Until '97, I have a right to vote my opinion. '97, when I run again, you have a right to vote your opinion. OK? Now, we understand that. We all understand that. Mayor Clark: Please, please, Miller. Let me tell you... Commissioner Dawkins: But until '97, now, I do have a right to vote up here. Unidentified Speaker: When we voted you in last year, you said you would support... Mayor Clark: Please, please. Commissioner Dawkins: I said from now... I said, I will vote for barricades, because I voted for the first one. I said that. But now, the County is telling me that I can only vote for certain barricades, and I will vote for those. But I don't want... I'm not going to vote for those which the County tells me that we can't, it's illegal to vote for. .110 March 27, 19.95 014- Mayor Clark: Please, please. We're jumping the gun now, folks. Commissioner Dawkins: If you all want... Vice Mayor Plummer: Can I ask a question, Mr. Mayor? Mayor Clark: Just a moment. Commissioner Dawkins: I think the recommendation, Mr. Mayor, was take plan... the amended plan, try it again for how many days, Mr.... 90 days? Mr. Kay: Try it again for 90 days. Commissioner Dawkins: And in that 90 days, you could go before the County. You could figure out what you're doing. Mayor Clark: Now, folks, listen. I'm not... OK. Vice Mayor Plummer: Let the City Attorney speak. The City attorney wants to speak. Mayor Clark: Please, please. Mr. Attorney. Mr. Maxwell: Yes, sir. Just to make sure the record is abundantly clear, you are sitting in an advisory capacity on this, and you will make a recommendation to the County. Now, the County Commission will look to its staff, just as you have looked to our Public Works staff, and if the record... If the past is any indication of what's going to occur, they're going to follow their recommendation; that is, their Public Works staff. And the Public Works staff of the County has already informed you what their recommendation is going to be. So as the Mayor pointed out, it may be an exercise in futility to do something other than what the County Public Works staff is saying they will recommend. But if these individuals show up down there at the County Commission, they may go against their Public Works staff recommendation. Mayor Clark: They could. I suggest this. Here it is six o'clock in the evening. I suggest that, Mr. Shubin, you get your people together, pro and con, go down before the... take a group of them down before the County Commission. Tell them, "This is exactly what we want an answer to right now, this letter here. The City of Miami is handcuffed, they can't do anything else. Probably, you're going to turn your back on them, anyway." But there's nothing... We could sit here and argue this till ten o'clock tonight. Nothing's going to happen. Nothing's going to happen. Mr. Shubin: Let me tell you what I think is the easiest thing. The easiest thing is to give the people what they want, let us go forward with your advisory recommendations, and if Public Works shoots us down, if the Commission shoots us down, so be it. This way, you can resolve this before six o'clock, let the County take the heat, and let the homeowners take the heat. Mayor Clark: Well, it's not the County taking the heat. We can take the heat. First Unidentified Speaker: How about the people who are favoring the amendment plan? Second Unidentified Speaker: Wait a minute. You don't live there, so you keep quiet. First Unidentified Speaker: Yes, I most certainly do, madam. 111 March 27, 1995 Second Unidentified Speaker: You do not. First Unidentified Speaker: I most certainly do. Mayor Clark: What is the motion? Vice Mayor Plummer: Ha! What is the motion? Damned if I know. Commissioner De Yurre: Mr. Mayor, I'll make a motion, and if it happens, it happens. If not, it does not. Mayor Clark: All right. Commissioner De Yurre: I move that we approve the plan as voted by the residents of the area, and let them go to the County and work it out. That's it. (APPLAUSE) Mayor Clark: Is there a second to the motion? Vice Mayor Plummer: For purposes of discussion, I will second the motion. It doesn't mean I can't vote against it. I have one, two problems. The first one is still the school, that's my first problem. The second problem I have is, Victor, it would have... the motion would have to be amended to the proviso that if this plan, as presented here now, is turned down, that it has to come back before this Commission for another decision to be made. Commissioner De Yurre: Ideally, J.L., if it's turned down at the County level, they would have an alternative already worked out as to what is acceptable by the County. Then it can be brought to us for consideration, and we'll take it from there. Vice Mayor Plummer: Well, I'm just saying is, that if it's turned down by the County, it would have to come back to this Commission to make another determination, whatever it might be at that time. Mayor Clark: Very good. What are we going to... Vice Mayor Plummer: I'm still concerned, Mr. Mayor, about that which my colleague, Commissioner Dawkins, put on the record, and I know that there's some that don't like it, but is there any consideration at all on barricade 10, that it could be, in any way, moved in that general location to accomplish the same, but opening up the parameter of the school? Unidentified Speaker: Let us worry about that problem. Vice Mayor Plummer: Excuse me, ma'am. I pay very high prices. I don't pay you. Mr. Kay: The letter we received from the School Board made a statement that barricade number 10... Actually, it really serves as two barricades, as one for Northeast 8th Court, and one for Northeast 85th Street. And their suggestion was that the court remain open, but that the street could be closed. Vice Mayor Plummer: The court remain open. Mr. Kay: Right. 112 March 27, 1995 49, Commissioner Dawkins: What court? Mr. Kay: Which means that there would be access from 8th Court... Vice Mayor Plummer: But what street, which street would be closed? Mr. Kay: Eighty-fifth Street. Northeast 85th Street. Commissioner Dawkins: Wait a minute. Where is the... Vice Mayor Plummer: You're saying put the barricade over on the other side, on the west side? Is that what you're saying? Mr. Kay: Yeah. Yes, if you'll look at their letter. Mayor Clark: They just said take it out, J.L. Commissioner Dawkins: Say what, now? Vice Mayor Plummer: Has that been proffered to the people? Mr. Kay: No. Commissioner Dawkins: Give that to me again, please. Take 10 and do what with it? Mr. Kay: Let me read to you their suggestion. This was a letter from Michael Levine, the School Board. "It is suggested of the school site staff that if the street closure program is going to remain in operation beyond the 120-day trial period authorized by the City Commission that the barricade be relocated to Northeast 85th Street, and that Northeast 8th Court remain an open traffic corridor." OK? Vice Mayor Plummer: All right. If you put and block off 85th Street, and you left 8th Court open... Mr. Kay: That is open to East Dixie Highway. Vice Mayor Plummer: To the school. Mr. Kay: Yeah. Vice Mayor Plummer: That's what I'm talking about. What does that do to the neighborhood? Mayor Clark: Well, that's causes a backlash in the map. Vice Mayor Plummer: Well, that's what I'm asking, Mr. Mayor. Commissioner Dawkins: J.L., may I, please? Vice Mayor Plummer: Sure. Go ahead. Commissioner Dawkins: The barricade that I saw sits across Northeast 8th Court and prevents egress or ingress into East Dixie Highway. 113 March 27, 1995 Mr. Kay: That's correct. Commissioner Dawkins: Now, what are you telling me you're going to do, now? Vice Mayor Plummer: Well, that's what I'm asking. Mr. Kay: They are... The School Board is suggesting that that barricade could be removed. And that... Commissioner Dawkins: I said removed, but he... Mr. Kay: And that... But the one on 85th Street could remain. Commissioner Dawkins: Wait a minute. And the one on... There is none on... On 85th Street, where? Show me the one on 85th Street. Vice Mayor Plummer: There's only one there that we're showing on my map. Commissioner Dawkins: That's right, there's only one. What, now? Mr. Kay: There's actually two barricades. Vice Mayor Plummer: Well, I don't show two. Commissioner Dawkins: Well, I didn't see them. You'll have to show them... Mr. Kay: I'll show it to you. Well, it's a strange intersection, is the problem. Mayor Clark: The whole damn thing is strange. I tried to get you out of here, but apparently, this is going to go on. Vice Mayor Plummer: Well, that doesn't block Dixie Highway. If that's... If where you just marked on that map... Mr. Kay: Well., they're not... Vice Mayor Plummer: ... are the two present barricades, they don't block Dixie Highway. Mr. Kay: No, they don't, but he... The School Board was stating that the one on 8th Court be knocked out, and that it have access to Dixie Highway. Vice Mayor Plummer: What would happen if you took that barricade that is north of 85th and put it on Dixie Highway, farther north than 85th Street? Mr. Kay: I'm sorry. Vice Mayor Plummer: Wouldn't that accomplish the same? Mr. Kay: If we did what? I'm sorry. I was interrupted. Vice Mayor Plummer: If you took the barricade that is presently north on 8th Court and put it north of 85th Street, on Federal Highway, would that not accomplish the same thing? It would stop the traffic from going to the east side, which is what I think they're trying to do. 114 March 27, 1995 Mr. Kay: Are you actually saying block Federal... north... excuse me... East Dixie Highway? Put a barricade across... Vice Mayor Plummer: Yeah. Mr. Kay: No? Vice Mayor Plummer: Yeah, that's what I'm saying. Mr. Kay: Put a barricade across East Dixie Highway? Vice Mayor Plummer: Yeah. Wouldn't that do the same thing? Mr. Kay: That... Commissioner Dawkins: May I, J.L.? Vice Mayor Plummer: Sure. Mr. Kay: That would have to be analyzed. Commissioner Dawkins: OK. Buses coming to the school come into the school where? On what street, what avenue? Mr. Kay: On 86th Street and on 87th Street. Commissioner Dawkins: They come in on 86th... Unidentified Speaker: And 87th. Commissioner Dawkins: ... and they come in on 87th. Mr. Kay: Yes, Commissioner Dawkins: They exit what? Mr. Kay: Well, right now, they... they exit out 86th and 87th. Vice Mayor Plummer: Whichever one they come in, they go out the other. Commissioner Dawkins: Beg pardon? Unidentified Speaker: They can come into 87th to go around 86th out. Commissioner Dawkins: Beg pardon? Mr. Kay: They exit 86th and 87th right now. Commissioner Dawkins: They come in 86th, and then they turn around and come back out 86th. They come in 87th, and they turn around and go back out 87th? Mr. Kay: Yes. Unidentified Speaker: Oh, no, no. 115 March 27, 1995 Mr. Kay: Well... Vice Mayor Plummer: No. It's around the block. Unidentified Speaker: They can make... One way, all the way around. Mr. Kay. I tell you, the school principal is here of Phyllis Miller School, and could address, maybe, this question. Commissioner Dawkins: I pay you to tell me what my problem is. I do not... I mean, Viciedo pays her to tell her what her problem is. OK? Mr. Kay: There is access on all, you know, on two sides... three sides of the school, and there is circulation around. All I can tell you, the circulation around the school for the buses. They... Commissioner Dawkins: All right. So the circulation, when it circulates, does it head east or west, as it circulates? Does it head east or west? Unidentified Speaker: Both. It goes east and west. Mr. Kay: We have seen both directions. Commissioner Dawkins: All right. So that that's headed west exists into Biscayne Boulevard. Is that a correct statement? Mr. Kay: That... Yes, sir. Commissioner Dawkins: Is there a light that will access... I mean, help people who come to the street, and the bus is desirous of turning left, is there any signal to help that bus driver turn left? Unidentified Speaker: Yes. Mr. Kay: There is a signal... Commissioner Dawkins: There is not a signal there. It is not a signal. Mr. Kay: There's a sig... At 87th Street, there's a signal, but not 86th. Commissioner Dawkins: I'm talking about... Vice Mayor Plummer: All right, all right. Excuse me. The Mayor is not here. May I please ask for common courtesy. Commissioner Dawkins: On 85th... Vice Mayor Plummer: OK? Please. Commissioner Dawkins: On 85th and 86th, is there a light? Mr. Kay: No. Commissioner Dawkins: So therefore, buses leaving the school, desirous of turning left must wait, I don't know how long, to enter into the flow of traffic, headed north on Biscayne .- 116 March 27, 19.95 ;rdA:. Boulevard, go all the way back up to 87th Street, turn left on 87th Street, and try to get back where they're trying to go. And all of you are going to sit up here... Mr. Kay: That's correct. Commissioner Dawkins: Where, if you remove the barricade 10, then they got a square shot to come down to... Where did you say the signal light is? Unidentified Speaker: 87th and Biscayne. Commissioner Dawkins: They can come straight down East Highway to 87th or whatever we're saying here, and got out... go out... No, 87th. No, we need a... I want a light south of 87th... 82nd. Mr. Kay: Yes, 82nd is the next light. Commissioner Dawkins: So therefore, if you open, remove the barricade, give access to East Dixie Highway, then east... They can come down to... What is the light on again, 82nd? Mr. Kay: There's a light at 82nd. Commissioner Dawkins: Then they can come straight down East Dixie Highway to 82nd Street, and then go out to 82nd Street, to a light... Unidentified Speaker: They can't. It's a barricade there. Commissioner Dawkins: ... and then they're able to turn right or left. Vice Mayor Plummer: You got a barricade there, Commissioner. Commissioner Dawkins: No. There's no barricade on Little River Parkway. That's 80... that's 82nd Street. Vice Mayor Plummer: Oh, no, that's... Commissioner Dawkins: But it's one-way, one-way, going east. Mr. Kay: It's one-way, going west. Commissioner Dawkins: But that... But anyway, with a light, the bus can make the turn either way. Mr. Kay: Yes, sir. Commissioner Dawkins: Now, is there anything that you want the School Board to tell me about that? Mr. Kay: We have two... Actually, we have Mr. Levine, who wrote the letter, who is here. Commissioner Dawkins: Beg pardon? Mr. Kay: We have Mr. Levine, who wrote the letter on behalf of the School Board... Commissioner Dawkins: But I'm asking you, is there anything you need to have them explain to me in what I just asked you? 117 March 27, 1995 Vice Mayor Plummer: Does the principal of the school wish to speak? Mr. Kay: I don't believe so. I don't believe so. Vice Mayor Plummer: Does the principal of the school wish to speak? Ms. Lora Manning: Yes, sir. Vice Mayor Plummer: Thank you. Your name and address, for the record. Ms. Manning: Thank you. Good evening. I think I need to give you some background... Vice Mayor Plummer: Your name and address for the record. Ms. Manning: My name is Lora Manning. My address is 555 Northeast 34th Street. My school is 840 Northeast 87th Street. And I think you need to have some background information about the school. Vice Mayor Plummer: And you are principal of the school. Ms. Manning: I'm principal, Phyllis Ruth Miller Elementary School. Vice Mayor Plummer: Thank you, ma'am. Proceed. Ms. Manning: At Phyllis Ruth Miller Elementary School, we have 1,184 students. We have a staff of about 150. Right now, we're having to bring everyone in on 87th Street, because the light is there. Parents are coming in, buses are coming in, and staff members are coming in. So in the mornings, it's rather congested. Northeast 8th Court, the buses, when they enter on 87th, they circle around on Northeast 8th Court, and go to 86th Street, which is the bus drop-off for all students. And as Commissioner Dawkins stated, they go out to 86th to Biscayne Boulevard, and must make a right there. If we had Northeast 8th Court open during school hours, that would... If we had some way of putting a portable barricade there, that would work for us, so that it's open during school hours, we would have access, parents, when coming to the school, would also have access. The buses could come in from... Because we have a magnet program there, and a lot of our students are coming in from Miami Beach area. The buses could come in off East Dixie Highway, make a left there on Northeast 8th Court, turn again on 86th Street, and go to the bus drop-off. That would make it easier for us. In the mornings, at drop-off times, and in the afternoon, at pick up times, at two o'clock, and at three o'clock, it is a problem for us. Vice Mayor Plummer: Thank you, ma'am. Commissioner Dawkins: May I? May I? Vice Mayor Plummer: Mr. Dawkins. Commissioner Dawkins: Now, I must say, Mrs. Manning, Dr. Stinson and all, they made it perfectly clear that they are not into the argument between the sides about the barricade. They're only interested in the educational aspect of the school, and serving the children. That was made clear. Thank you, Mrs. Manning. Ms. Manning: Thank you. Vice Mayor Plummer: Is there anyone... Mr. Shubin. 118 March 27, 1995 (APPLAUSE) Mr. Shubin: I just want, on the record, to say I've spoken with the president of Shorecrest Homeowners' Association, and assuming it were simply a temporary barricade to accommodate school ingress and egress, the homeowners' association would have no objection to a temporary barricade to accommodate the needs of the school. However, I don't believe there's any much... there's much more room for micro -management at that point. But clearly, we're not opposed to the interest of the school. The parents... In fact, one of the ideas behind having the barricade was to help facilitate pedestrian school traffic, and make it a little safer for kids in the neighborhood to walk to school. (APPLAUSE) Vice Mayor Plummer: Please, please. This is not a popularity contest, believe me. Mr. Shubin: But we would defer to the principal on this, in assuming that a temporary or a portable barricade could be installed. The homeowners' association would have no objection. Vice Mayor Plummer: OK. If you'll... Commissioner Dawkins: Let me ask you a question. Vice Mayor Plummer: Mr. Dawkins. Go ahead, Mr. Dawkins. Commissioner Dawkins: What do you mean by "portable, temporary barricade"? Mr. Shubin: I am not an expert on barricades. Commissioner Dawkins: Me either. Me either. Mr. Shubin: We have... Unidentified Speaker: We have one. Mr. Shubin: There are... They apparently do exist. Mr. Atlas could speak to them, and I believe your own staff could speak to them. But assuming... I didn't bring it up. But assuming... Commissioner Dawkins: Who brought it up? Mr. Shubin: I believe that the principal said that it would be advantageous to have a portable barricade... Commissioner Dawkins: If nothing else. Mr. Shubin: ... if nothing else. Commissioner Dawkins: OK. Thank you. But by the same token, now, you and I live in the real world. OK? If a barricade is placed there, and it is not anchored, you're talking about temporary, it will not be there long. Those individuals opposed to the barricade will move it. That's why I don't understand what you mean by "temporary," whatever. Mr. Shubin: Let me give you a couple of examples. Some of the barricades can be built so they can be driven over by emergency access vehicles. What you often see is when you have... 119 March 27, 1995 91 �1 Commissioner Dawkins: Mr. Shubin, I'm not your client. Mr. Shubin: No, no... Commissioner Dawkins: Listen to me. Listen to me, OK now? Please. All I'm saying to you is, there's no such thing as placing something there temporary, because I know, you know, it will be moved. If it's not anchored in permanency, it will be moved. Mr. Shubin: There is a real commitment on the part of the homeowners' association and the people that live in this neighborhood to do what's best for their community, and do what's best for their neighbor, the school. Let's give the people the opportunity to see if they can make it work. Commissioner Dawkins: One more statement to you, and I'll be finished. There's also a group of individuals who are residents who live in that area, who do not want the barricades, and are just as determined as the ones who want them not to have them. OK? All right. Mr. Shubin: A lot of the objection... Commissioner Dawkins: No, no, no. I'm just saying, you understand? So those are the ones. So we have the two extremes, sir. Mr. Shubin: It's two out of ten, and a lot of it was based on the concerns for the school. Mayor Clark: What have we decided? Vice Mayor Plummer: We're still... We're trying to get it finished here. Mr. Shubin, if you'd step aside, sir... Mr. Shubin: Certainly. Vice Mayor Plummer: ... and give the lady there the opportunity. The other side has a.)t been heard. And then once that's done, then, Mr. Mayor, I think we should close this hearing and make a decision. Ms. Monique Taylor: Mr. Mayor, Commissioners. Vice Mayor Plummer: For the record, your name and address, please. Ms. Taylor: My name is Monique Taylor. And my primary address is at 1271 Northeast 85th Street. Unidentified Speaker: No, it's not. Ms. Taylor: It most certainly is, and I have all records to prove it. Vice Mayor Plummer: Whoa, whoa, whoa. Unidentified Speaker: No, she's lying. Ms. Taylor: This is not so. I reside at 1271. Vice Mayor Plummer: Ma'am, you have stated for the record. Now proceed. 120 March 27, 1995 Ms. Taylor: Mr. Mayor, gentlemen, if you are, in fact, willing to say that it is all right for this City to install 12 barricades in a very, very small portion of the City, that would delay response time for Fire by more than two minutes, thus endangering lives; if you are willing to say, in speaking for this City that it is all right to deprive two of the homeowners of their basic right, property rights, by separating their front entrance from their garage entrance to the point where they need to drive seven blocks, seven blocks, to go from the front of their house to their garage, and they are here today, willing to speak, I am sure; if you are willing to say that it is all right to separate eight businesses from their lawful parking facilities located in the back of their businesses at Northeast 79th Street and Northeast 80th Street by barricade number 10, and these businesses are here today; if you believe this is not a violation of their right to do business; if you believe that it is all right for this City to allow children full of buses to have to merge into Biscayne Boulevard without a traffic light... And for the record, I was behind one of those buses who had to wait for seven minutes before being able to merge. I was behind it. If you believe it is all right that a segment of this community be forced to enter their homes going through three lanes of uninterrupted barreling traffic at the foot of a bridge, the 79th Street Bridge, or at the curve at Northeast 80th Street, through the same three lanes of traffic, thus taking their lives in their hands; if it is all right to say that our technicians our Public Works engineers, our fire fighters, our police officers, our sanitation workers are all inept, and their recommendations are based on fiction, rather than fact; if you're willing to say that this City is ready to accept all the consequences that are brought about by the plan, then, by all means, gentlemen, vote for it. If you have... If you have... If you like to realize and speak to some of the people who are faced by this situation, please, I urge you to vote for amended Plan A. It is a very, very good compromise that allows access to our fire fighters, our police officers, that allows access to people into the City, that accommodates the School Board, that all of us are willing to compromise and be pleased with, that will allow access to the Bayshore area, please, gentlemen, we urge you. Thank you. Mayor Clark: Thank you. (APPLAUSE AND BOOS) Ms. Leeta Gato: Good evening, Commissioners. My name is Leeta Gato. I live at 9141 Dickens Avenue. I'm here as a representative of the PTA (Parent/Teachers Association) at Phyllis Ruth Miller Elementary. I feel compassion for these people, and I understand their situation, that they do not desire traffic through their neighborhoods which is not from their neighborhoods. But as Ms. Manning, our school principal, has already stated to you, for me, there are two major issues. One of them is the concern about that we do have 12, slightly under 1200 children in our facility. That does not include staff. The 150 is staff. And in a case of an emergency, that does concern me, that a minute and a half extra response time would be required to reach a school with children, so many children in it. That really is of great concern to me, and that's why I cannot support a permanent barricade of number 10. As a good neighbor in a school, as Ms. Manning stated, I feel that I could completely help in supporting a temporary barricade. I understand what Commissioner Dawkins is saying is that some type of temporary or, you know, not a... yeah, some kind of adaptable barricade. I don't know how he feels if that's possible or not, but I think he's telling us that he has someone here who is professional in that field, and could possibly assist us in finding the best solution in that area, and, you know, we're willing to work with them on that. But the other area of concern why that permanent barricade doesn't work for us is because of the traffic flow. 87th and Biscayne has become the gateway, the primary entrance towards our school, with ten school buses, Dade County public school buses coming in, six private school buses coming in, with 150 staff members arriving at approximately the same time block, with all the other parents who come from the Montessori School that... a lot of these people don't come from right in that area. They're actually coming from east, east, coming up in that 97th/82nd block area, everyone being forced to come in 121 March 27, 1995 pg., through this one gateway, and then having the only solution, because of that one stop light on 87th, being forced to make a U-turn. It's very, very, very difficult. And it also is not necessarily very safe, either. OK? Mayor Clark: Thank you, Ms. Gato. Ms. Gato: Thank you for your time. Mayor Clark: Thank you. Mr. Gordon Willitts: Good afternoon. I brought a prepared statement, but I don't... I live at 411 Northeast 52nd Street. I live in a barricaded area, and I was personally affected by the barricades, and the safety issue, and the response from the Fire Department. On Christmas Eve in... last year, my mother-in-law had trouble breathing. We called 9-1-1... Vice Mayor Plummer: Sir, can I stop you, please? Mr. Willitts: Yes. Vice Mayor Plummer: Mr. Mayor, this gentleman spoke to me, and I have inquired to the City Manager. 1 was told earlier, prior to this meeting, since this matter is under investigation that it would be improper to discuss that matter at this hearing. I'm merely putting that on the record, sir, that, in fact, that was requested of me, that this is under investigation, and should not be discussed. So you take it from there. I'm sorry that Mr. Odio is not here. I don't know why he said that to me, but he did, just for the record. Mr. Willitts: OK. I thank you for that, and I will not discuss the... Vice Mayor Plummer: And I do have a reply for your question, which I will forward to you, sir. Mr. Willitts: OK. I will refrain from discussing the issue then, and I appreciate that. But I will bring up one thing. I think that the people here need to have adequate information, what the word "drive through" means when you have a barricade, and what the criteria is to the Fire Department for a drive through. If a certain amount of time has passed and the person is not breathing, or whatever the emergency is, what would make them drive through, and are they maintained for drive through purposes? I think that they need to bring that issue forward. And since I'm refrained from speaking about the issue, I will give up the podium. Thank you. Mayor Clark: Thank you. Dr. Randall Atlas: Good afternoon, Commissioners. My name is Dr. Randall Atlas. I am an expert in crime prevention through environmental design, barricades, gatehouses, and this whole street closure issue. I've been monitoring the situation in Miami Shores now for the last four or five years, and have conducted studies of the impact of barricades in several of the communities here in South Florida, and elsewhere around the State and country. I am an architect, and also teach at the University of Miami. I am an adjunct professor of the School of Architecture. I'd like to just sort of laser down in very... in one minute or less, what I feel to be some of the issues addressed here, as far as the school issue, which was the concern of Commissioner Plummer as well as some of the other street closures. It's important to understand that this... The original plan for Shorecrest was thought out very carefully, using sound planning principles. Nothing was done... It was a committee formed by the Shorecrest Homeowners' Association, and, in fact, that plan was adopted by the majority of the homeowners of that association. In the four or five years that Miami Shores barricades have been up, there hasn't been one opportunity where the fire trucks of Miami Shores that had to go plow through the temporary... when I say 122 March 27, 1995 temporary barricades in Miami Shores, meaning that they can drive through the planting. All it is is plants. You can drive through it. Ten, 15 miles an hour, a fire truck can drive right over the plants, if they need to. As of four or five years, they've never had a need yet to go around through a barricade. There is a learning curve, and there is some adjustment, and there is a level of inconvenience, but, in fact, the benefits of having... of slowing the traffic down on these streets, the benefits of returning the streets back to the people who live on those streets, the secondary benefits of reduced crime... In just the couple of months before and after, pre- and post -barricade of the Shorecrest area study here, crime has gone down in several areas. Burglary has been down 25 percent, larceny... excuse me. Stolen cars are down 45 percent, armed robbery is down 50 percent, of... You're looking at January and February of '94 versus January and February of '95. This was data provided by the NET (Neighborhood Enhancement Team) officer of the Upper East Side. So in summary, I would ask for your consideration to vote for the original plan, let the homeowners work out the bugs, as far as adaptable barricades, slight adjustment in moving the barricades... Mayor Clark: We've done that an hour ago. Dr. Atlas: ... working out the issues with the Fire Marshall. I can assure you that Miami Shores has adjusted very nicely, and, in fact, they've seen a six percent increase in the real estate values each year. Thank you very much. Commissioner Dawkins: May I ask you... (APPLAUSE) Commissioner Dawkins: Now, a question for this gentleman. You say you are a barricade expert. Dr. Atlas: Yes, sir. Commissioner Dawkins: What is it that prevents a carefully thought out plan from being adjusted to remove 10, that will destroy the whole carefully thought plan? Explain that to me. Dr. Atlas: I'm not sure I follow your question. Commissioner Dawkins: OK. All right. Let me see if I can get it a little, you know, elementary, so you and I both understand it. OK? This plan was carefully drafted, thought of, worked at, and the community said that this was the plan it wanted to try, and we put it out as an experimental barricade. Dr. Atlas: Yes, sir. Commissioner Dawkins: "Experiment" means we were going to try it. Dr. Atlas: That's correct. Commissioner Dawkins: Now, I'm saying that it's been tried, and the only... Now, I got a problem with a lot of it, but the only problem I have is with 10. And for the 10 to be removed, it upsets the whole carefully thought plan. Why? Dr. Atlas: It undermines it, because once you sort of like... It's like putting a needle in a balloon, because once you open up that one area, it allows the vehicular traffic to sort of undermine the whole center part of the area. 123 March 27, 1995 Commissioner Dawkins: OK. All right, now... OK. Mr. Mayor, I'm going to say this, and I'll be finished. You thought up this... I mean, you worked with them. What is the reason for not putting barricade number 9 at Biscayne Boulevard? Dr. Atlas: There were some zoning issues there that prevented us from doing it. Commissioner Dawkins: There was some what? Dr. Atlas: Some zoning issues. The City of Miami Zoning Code prohibited us from mixing the... Ms. Taylor: No, that's not true. Unidentified Speaker: It is so. Commissioner Dawkins: Now, this gentleman did not interrupt anybody. Please give him that same courtesy. Dr. Atlas: The barricade plan was issued to contain the R-1 or single-family residential housing, to have a homogenous single homeowners' area. They did not... they... We were recommended strongly... Commissioner Dawkins: And that's one of the rules of the Zoning Board of the City of Miami. Dr. Atlas: No, it's not... Commissioner Dawkins: OK. All right. Thank you. Now, what was the reason for not moving barricade 8 to Biscayne Boulevard? Dr. Atlas: Again for multiple... same reason, for the mixed use property that happened past that Zoning recommendation. Commissioner Dawkins: OK. Now, all right. Let's go to 82nd Street. What was the reason for not moving 7 to Biscayne Boulevard? Dr. Atlas: Because again, you have the commercial properties, and mixed use zoning. They wanted to maintain the barricaded area as a single-family R-1. Commissioner Dawkins: And who lives in the mixed use units? Dr. Atlas: A lot of the mixed... Well, the... Right along the boulevard, it's commercial boulevard, so nobody lives there. But back... Commissioner Dawkins: No, no, no. Let's go back to 83rd Street, from the barricade all the way to 83rd Terrace. Who lives there? Dr. Atlas: By 83rd Terrace, 83rd Terrace, that is mixed use. That is a mixed, racial mixed demographic area. Commissioner Dawkins: Mixed racial, right? Dr. Atlas: Yes, sir. Commissioner Dawkins: OK. Now... 124 March 27, 1995 0 1 Dr. Atlas: As is the rest of the area, too. I mean, it's not a racial issue. Commissioner Dawkins: I am only telling you that you're telling me that the plan cannot be altered. OK? And I'm going to the County with... and I'm going to tell them - me, myself - that I think that the reason you just said, that it's ethnically mixed, is the reason you didn't move it there. Now, I don't care whether I'm right or wrong. Unidentified Speaker: You're wrong, you're wrong. Commissioner Dawkins: I don't care. I don't care. Unidentified Speaker: You're a bigot. You're a bigot. Commissioner Dawkins: So are you. So are you. Unidentified Speaker: Yes, sir, absolutely. Vice Mayor Plummer: Mr. Mayor, before we get... Mayor Clark: I'm going to cancel this in about two minutes. We're going to get finished here at six -thirty. So... Vice Mayor Plummer: I'd like to ask one question, if I may. Mayor Clark: Yes, sir. Follow me. Joe, follow me. And again, I'm not dwelling on others. I'm dwelling on J.L.'s problem, number 10. OK? Mr. Gort, at the last meeting, spoke about, and I'm asking if any consideration has been given, and I'm speaking of the barricade that exists north of Dixie Highway on 8th Court, to where that street could be made one-way southbound, one-way, with a barricade halfway in the street, where no one could proceed north, but only could come south. Was any consideration... Would that not accomplish opening up for the school to use as an exit, Dixie Highway? Leaving the other barricade on 85th Street that is down. OK, leave that one where it is, but on the one north of 80... on 8th Court, north of Dixie, a half barricade, like here at Hallissee, with a one-way street coming down towards Dixie Highway, would that not accomplish the same thing? Mayor Clark: Would you repeat the question? Vice Mayor Plummer: OK. Mr. Mayor... Mayor Clark: No, no, I was... Vice Mayor Plummer: It's not the question. I guess it is. Look, there's a barricade here. It's north of Dixie Highway on Northeast 8th Court. If that was made a half barricade with a street running one-way south, it would only allow the traffic to go into Dixie Highway that was coming from the basic school area. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.) Vice Mayor Plummer: No, 84th Street... Where's 84th? Mayor Clark: These are only suggestions, folks. We're not engineers. Vice Mayor Plummer: No, 84th Street would still be the same. 125 March 27, 1995 Mayor Clark: We don't pretend to be, either. Vice Mayor Plummer: It's no different. Mayor Clark: Now, let's wind this up. You got your suggestion in. Commissioner Dawkins: Yeah, well, do something, if it's wrong. Vice Mayor Plummer: Did you understand what I'm saying? Mr. Kay: I understood what you said, yes, sir. Vice Mayor Plummer: Would it accomplish the same thing? Mr. Kay: It would certainly be better than a complete closure for access part of the time. It was not considered at this time. We just didn't think about taking a look at that. Commissioner Dawkins: Mr. Mayor, may I, please? Mr. Kay: But I think it would be an improvement, certainly an improvement over a complete closure. Commissioner Dawkins: I'll say this and I'll be finished, Mr. Mayor. Mr. Mayor and my fellow Commissioners, let the records reflect that Miller Dawkins did not say who lived west of the barricades. The statement of who lives there was made by the expert. And when the expert said it was a mixed ethnic neighborhood, one of the people called me a bigot. I did not say who lived there. I did not make that statement, and the records must reflect... Mayor Clark: That's the end of it right now. Commissioner Dawkins: That's right. Miller Dawkins did not say that. Mayor Clark: OK, please, that's the end of it. First Unidentified Speaker: Please, give it to the people. Give it back to the business. Let us make the decision. Let the residents who live there make the decision. Second Unidentified Speaker: They are public roads. Mayor Clark: Sir, we're running this meeting. First Unidentified Speaker: We want to know where the Commissioner is living... If he lives in a neighborhood ridden with prostitution and drugs. That's what we are at, not a black issue. I vote for him. Mayor Clark: I appreciate it. Thank you. Ms. Migdalia Jackson: Well, if we are the public, then everybody deserves a right, as a citizen of the United States to be homeowners and not to be taken away from the public that says that they have a decision on things that I don't agree in. I have been taken the right as a homeowner, and I've lived in my home for 22 years, and it's paid for. And I have the right... Mayor Clark: Please now, will you be quiet, please, sir? 126 March 27, 1995 Ms. Jackson: I have the... Mayor Clark: You can be removed. If you'd like to be removed, we'll have you removed. Go ahead. Ms. Jackson: And I have lost my property rights and my property value, because I have lost the right to use my property as a homeowner. I have to drive seven blocks to the front of my house, to the back of my house. Would any of you buy my house? No. You would not buy my house at the property value it is. Mayor Clark: Please. Next case, next case. Ms. Jackson: I live at 8430 East Dixie Highway. The back of my house is on 85th Street, and the front of my house is at East Dixie Highway. Therefore, I have lost the accessibility, and I have been deprived as a homeowner of my rights. Mayor Clark: I think you're dead right. So let's... Ms. Jackson: Thank you very much. Mayor Clark: What's your motion, please? Mr. Christopher Morson: Gentlemen, I'd just like to add one thing. Mayor Clark: Get your motion up here, would you? Mr. Morson: Mayor, Mayor, can I just give 30 seconds, please? My name is Christopher Morson. Mayor Clark: Yes, sir. Mr. Morson: I live in the Shorecrest area, and I want to apologize to you and the other Commissioners for the volatile behavior of the folks in this room. But I think it's understandable why they're volatile, because they've been putting up with a lot of nonsense for a lot of years. So I hope you gentlemen will accept my apology on their behalf. That's the first thing. Vice Mayor Plummer: Mr. Mayor, I just have one other question. Mr. Shubin... Mayor Clark: Would you let the gentleman finish, please? Vice Mayor Plummer: I'm sorry. I thought he was finished. I apologize. Mr. Morson: OK. I'd just like to point out to you that I stand in front of you as the elected representative of many of the people who are in this room, so I understand your position somewhat. I am their mouthpiece, that's the first thing. So I want you to understand that I want to mediate here. The second thing is I don't think that the Shorecrest Homeowners' Association wants to do anything but find agreement with the various organizations that have been mentioned in this forum this evening, especially that of the school. And I ask you gentlemen, please, because after all, it is 78 percent of the people who live in the Shorecrest Homeowners area that were polled by the City of Miami that voted for the plan as it stands. I ask you gentlemen, please, to let us determine in a democratic way what is right for us in our area where we live. Now, we... 127 March 27, 1995 P9., Unidentified Speaker: But not by governmental entities. Mayor Clark: Please, ma'am, would you be quiet. Mr. Morson: Thank you very much, indeed, sir. I appreciate that. I'd also like to point out one thing, too, just for the sake of the record. There have been individuals, and I'm not a mudslinger, but there have been individuals who have put their penny worth in here, and given their opinions who do not, and I repeat, do not live in the area of Shorecrest, and I would like the Commission to consider that, too. Mayor Clark: We understand that. Mr. Morson: Thank you for your time. Mayor Clark: Thank you. Victor has a motion... Unidentified Speaker: Excuse me. Mayor Clark: Wait a minute now. Please. Vice Mayor Plummer: I had a question. Mayor Clark: Jesus. We got a motion on the floor, J.L. You've been questioning for two hours. Commissioner Gort: My understanding... Vice Mayor Plummer: Mr. Mayor, all I would ask is, if it is possible, that if, in fact, the County turns down barricade 10, that consideration be given to the alternative which I recommended. That's all. Mayor Clark: Yes, sir. Commissioner De Yurre: OK. Mr. Mayor... Commissioner Gort: Mr. Mayor. Mayor Clark: Yes. Commissioner Gort: My understanding is, one of the biggest problems we have here is the school. My understanding is the homeowners' association is willing to take a temporary, and they agree with that. I think you should amend your motion to take that into consideration. At the same time, I think all of you need to get together right away and work out the problem, a solution to the barricades so the traffic can go through, the emergency vehicles, and you got to do that right away. Commissioner Dawkins: Let me understand the motion. The motion is to approve the plan with either removal or modification to 10. Commissioner Gort: Correct. Commissioner Dawkins: And that we recommend that what's there stay in place, and that the homeowners go to Dade County Commission and see what changes. Is that the motion? Vice Mayor Plummer: Well, including... 128 March 27, 1995 Commissioner De Yurre: The motion... The motion is, guys, the motion is that we approve what the people voted for, what they approved, and let the County, the experts - we are not the experts - let the experts work with them, as far as any changes they want to see, whether it's the Public School System, whether it's the Dade County Government, let them work it out, and say what they want. And then if it's not acceptable, what they want, then they'll come back to us, and we'll work something out, and that's it. (APPLAUSE) Commissioner Dawkins: The seconder to the motion said something to the effect that the school... barricade 10 be taken into consideration; is that a correct statement? Mayor Clark: Yes. Commissioner De Yurre: That's what he said. What I'm saying is, let them... Let the County tell us. Commissioner Dawkins: All right. OK. Well, then... OK. No, no, no. See... Commissioner Gort: People are in accord... They're in accordance with him, though. The people that voted, 78 percent, is in accordance with it. Commissioner Dawkins: That's right. Mayor Clark: All right. We got a motion and a second. Now, everybody be quiet. Commissioner Dawkins: What is the... All right. Madam Clerk, read the motion. He accepted the amendment for number 10? Commissioner Gort: Temporary, they're willing to accept it. Vice Mayor Plummer: That's what they were willing to accept, is what I understand. There's only one other provision. Commissioner De Yurre: You guys want it? The Audience: Yes. Commissioner De Yurre: OK.. So be it. Commissioner Dawkins: God bless your generous heart. Go ahead, call the roll, Mr. Mayor. Mr. Maxwell: I'm sorry, Mr. Mayor. Commissioner Dawkins: Hold it, City Clerk. Mr. Maxwell: Did the maker of the motion accept the modification? Mayor Clark: Yes, he did. Mr. Maxwell: All right, thank you. Commissioner De Yurre: Seventy-eight percent said that I should, so I did. 129 March 27, 1995 Vice Mayor Plummer: That's a hard decision, Victor. Mayor Clark: Call the roll, call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-248 A RESOLUTION, WITH ATTACHMENT, MAKING FINDINGS, AND DIRECTING THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO CERTAIN STREETS IN THE SHORECREST NEIGHBORHOOD IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE APPROVAL OF THE METROPOLITAN DADE COUNTY TRAFFIC DIRECTOR, IN ACCORDANCE WITH PLAN "A", ATTACHED HERETO AND MADE A PART HEREOF, AND SUBJECT TO CONDITIONS AS SET FORTH HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: With the modification on number 10, I vote yes. Mayor Clark: You're all excited, and you're all fed up right now, but go home, and have a good cup of coffee, and relax. I vote yes. (APPLAUSE) Mayor Clark: All right. Folks, we have another meeting, so please leave quietly. Call the next item. Folks, we got another meeting going on. I'm sorry. Ma'am, we got a meeting going on here, I'm sorry. 130 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- 50. DISCUSS AND REFER TO MANAGER PROBLEM OF LEAKING ROOF AT NORTH POLICE SUBSTATION. Mayor Clark: What item? Ms. Lourdes Slazyk: PZ-10. Commissioner Dawkins: I got a pocket item. Mayor Clark: Wait a minute. We're right in the middle of the Zoning hearings. Commissioner Dawkins: I mean, I... But this lady, I had her come down here. J.L. Plummer will be interested in this, also. Yes. OK? Major Boyd, go up to the mike, Major Boyd. Joe, Joe, go to the mike with Major. Boyd, please. Major Boyd, J.L. Plummer made the motion... Vice Mayor Plummer: I can't hear you. Commissioner Dawkins: OK. Mayor Clark: Folks, would you be quiet, please. Commissioner Dawkins: J.L. made the motion, it was seconded, that this Commission do all that it can to make the North Station liveable. Vice Mayor Plummer: A long time ago. Commissioner Dawkins: Money was appropriated, and certain conditions were supposed to be met. I was in there the other day. It is still leaking in the North Station. Is that a correct statement, Major Boyd? Major Gwendolyn Boyd: Sometimes it leaks. Yes. Commissioner Dawkins: Well, it can't leak sometimes and don't leak other times. Major Boyd: When there is a... Commissioner Dawkins: Now, either it leaks or it doesn't. Major Boyd: Yes, sir, yes it does. Commissioner Dawkins: All right. It's leaking, all right? Now, how much money... I'm sorry, Joe, I have to do this, because the Manager isn't here. How much money did we appropriate for the fixing of that roof? Lt. Joseph Longueira: Commissioner, I don't know how much the roof was. Commissioner Dawkins: But we appropriate money for the roof. Lt. Longueira: I believe there was money set aside for the roof repairs. 131 March 27, 1995 pa:. Commissioner Dawkins: And the roof has not been fixed. Now why? J.L. Plummer and I want to know why. Lt. Longueira: OK. We'll have to get with Public Works, and get back with you. Commissioner Dawkins: And I mean the whole Commission, OK? Mayor Clark: Get it fixed right now. Commissioner Dawkins: Yeah. Lt. Longueira: We'll report back to you. Commissioner Dawkins: No, no, no. You get it fixed. You tell the Manager... Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir. Commissioner Dawkins: ... that in every other place, when he wants to, he gets an emergency and gets something done. Now, whatever it takes to get that roof fixed by the next meeting, have it fixed and come in here with an emergency purchase order to pay for whoever repaired it. Mr. Rodriguez: OK, sir. Commissioner Dawkins: Thank you, Major Boyd and Lieutenant. Thank you. Major Boyd: Thank you, sir. END OF DISCUSSION -- ISSUE REFERRED TO CITY MANAGER. ---------------------------------------------------------------------------------------------------------------- 51. GRANT SPECIAL EXCEPTION (FROM 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES) -- TO ALLOW A PRIMARY AND SECONDARY SCHOOL AT 600 N.W. 24 AVENUE, 619-621 N.W. 25 AVENUE, 2455 N.W. 6 STREET & 2480 N.W. 7 STREET -- ZONED R-2 TWO FAMILY -RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL -- SET TIME LIMIT OF 12 MONTHS IN WHICH BUILDING PERMIT MUST BE OBTAINED. (Applicant: La Progresiva Presbyterian School.) Mayor Clark: What item are we on? Mr. Sergio Rodriguez (Assistant City Manager): PZ-10. Ms. Lourdes Slazyk: PZ-10. PZ-10 is... Mayor Clark: Geez, we didn't get any farther than that? Vice Mayor Plummer: -He should -be here. 132_ _ March 27, 1995 4, Ms. Slazyk: PZ-10 is an appeal of a special exception that was granted by the Zoning Board by a vote of six to two for a school expansion at La Progresiva Presbyterian School at approximately 2480 Northwest 7th Street. Mayor Clark: All right. Ms. Slazyk: The Planning, Building and Zoning Department recommendation was for approval with eight conditions that are listed in your fact sheet. If you want, I'll read them into the record. The Zoning Board recommended approval for seven of the eight conditions. The only condition that the Zoning Board did not recommend approval of was a 12-foot chain link fence that's currently on the site to be replaced with a six-foot CBS (Concrete Block Structure) wall. We believe that... This is for two existing residences on the property owned by the school to be converted into part of the school and church complex. This is to get the administration portion of the school out of the building so they can expand classrooms, and the amenities for the school for the current population. The school is there. We believe that with compliance with the conditions that this is something that is a positive for the neighborhood. The conditions that we've imposed are unity of title; no modifications to the exterior appearance of the existing residential structures - this way, that side of the school will retain residential character; that the lighting spillover be remedied - there are currently lights on the school that are spilling into the residential area; that a five-foot landscape buffer be provided along the parking area on the alley south of the property; that the existing tree which is located on the site of the proposed parking lot be relocated to a nearby place along the alley or replaced with two shade trees, either oak or mahogany; and the drop-off or pickup for children be allowed on or along the alley to the south of the property; and that a monitor be in place during the peak drop-off and pickup hours; and the last condition was that the signage in the residential area, which is the part to be converted now, be limited to a maximum of 20 square feet, and that it not be illuminated. Vice Mayor Plummer: Are they in concurrence with all of those? Ms. Slazyk: The applicant is, but there is an appellant. There is a property owner... Mayor Clark: Who's that? Ms. Slazyk: ... that is surrounded on three sides who is not in agreement. Mayor Clark: Where is the property owner? Mr. Rodriguez: Mr. Pedro Gonzalez. Mayor Clark: Pedro Gonzalez, you come forward. You want to speak on this? You're in opposition to this, are you not? [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY SERGIO RODRIGUEA, ASSISTANT CITY MANAGER.] Mr. Pedro Gonzalez: BUENAS TARDES. EN ESPANOL. ES PEDRO GONZALEZ, 2450 1/2 NORTHWEST 8TH STREET. OK. SI CAMBIA LA ZONA DE RESIDENCIAL POR COMERCIAL. Translation: Good afternoon. Your name? My name is Pedro Gonzalez. .133. March 27, 1995 jj&, Mayor Clark: Yeah. Mr. Gonzalez: OK. Vice Mayor Plummer: Tell him to come closer to the microphone. Mr. Rodriguez: You can get close... "VENGASE MAS CERCANO, SENOR. MAS CERCANO AL MICROFONO, POR FAVOR." Commissioner Dawkins: Pull the mike to you. Mr. Gonzalez: SI. LA ZONA NO SE DEBE CAMBIAR DE RESIDENCIAL PARA COMERCIAL. LA 24 AVENIDA ES UNA CALLE... LA 6 NO TIENE SALIDA NADA MAS QUE HACIA LA 24. LA 5, A LA 24. LA 3, LA 4 TAMPOCO. SIEMPRE HAY PROBLEMAS CON EL TRAFICO PARA SALIR A LA 24. SI LA ZONA SE CAMBIA Y SIGUE CRECIENDO, VA A HABER MAS PROBLEMAS AL SALIR A LA 24 AVENIDA. ATRAS, 16, EL JUEVES, HABIA UNA REUNION DE MAESTROS. FUI A SALIR POR LA NOCHE A LA CALLE 24. TUVE QUE ESPERAR Y HACER DERECHA PORQUE NO PUDE SALIR A LA IZQUIERDA, PORQUE BLOQUEAN LAS CALLES CONSTANTEMENTE. SI CRECE EL COLEGIO CONSTANTEMENTE, ES MUCHO PROBLEMA. LA CALLE 7 ES UNA CALLE DE MUCHO TRAFICO. Y NINGUN VECINO ESTAMOS DE ACUERDO EN QUE LO... QUE HAGAN EL CAMBIO, PORQUE ESTAMOS VIVIENDO EN EL LUGAR, Y CREEMOS QUE TAMBIEN TENEMOS DERECHOS COMO CIUDADANOS Y PAGAMOS. YO CREO QUE ES NECESARIO, QUE NO SE CAMBIE. PORQUE LO VAN A CAMBIAR? PARA CRECER EL COLEGIO? PUEDEN ESCOGER OTRO LUGAR Y CRECER. Translation: The zone shouldn't be changed from residential to commercial. The 24th Street is... Avenue is a street. 6th only has one exit to 24th, and the 5th also only goes to 24th. 4th also is the same problem. It's always a problem with the traffic. If the zone changes, there will continue to be more problems, everybody trying to go to 24th. The other day, on Thursday, there was a meeting of teachers that were trying to go through the street and get out through the street. I had to wait and make a right, because I couldn't make a left turn, because they blocked the streets. If the school continues growing, it's going to be a lot of problems, because 7th Street has a lot of traffic. None of the neighbors are in support that they do the change, those of us that live in the area, and I think we have the right, as citizens, and we... and taxpayers, to oppose it. We don't want this site to be changed. Why are they going to change it? They can get another place. Mayor Clark: OK. Thank you. Mr. Rodriguez: GRACIAS. Mayor Clark: What do you have to say? Give us your name. Mr. Winston Sosa: My name is Winston Sosa. I'm the principal of La Progresiva Presbyterian School. La Progresiva Presbyterian School has been in our neighborhood for over 25 years. Vice Mayor Plummer: Were you sworn in, sir? Mr. Sosa: Yes, I was sworn in early. I've been here since about four p.m. And it's been there for 25 years, it's been part of the church, the first Hispanic Presbyterian church. And there will not be any changes. In other words, as to the traffic, the entrance to the school will remain as it is on 7th Street. It's been for many, many, many years. The exit will be on 24th Avenue. It's 134 March 27, 1995 been there for many, many years. And Mr. Gonzalez' concern is, of course, the alley. But the alley, definitely, we have number 7, it says that no drop-off or pickup of children attending classes. In other words, we cannot, we cannot use that alley, and we are not intending to use the alley. On the contrary, we will remain using our parking lot, the parking lot that's been there for over 25 years, and as I said, the entrance to the school will remain as it is, the exit will remain as it is. Basically, what we're trying to do, Mr. Mayor, is to segregate the elementary school from the secondary. At the present time, we have fourth, fifth and sixth grade in the main building of our school, and there at the main building, we have seventh through twelfth. So basically, what we would like to do is to segregate the elementary from the... Mayor Clark: Does the Planning and Zoning Board approve this, with these conditions? Mr. Rodriguez: Yes. Ms. Slazyk: Yes. The Zoning Board approved it subject to seven of our eight conditions. Mayor Clark: Is this your architect? Mr. Alfredo Landin: No. My name is Alfredo Landin. I'm a friend of the church and the school, and I'm also the land surveyor that did the work. Our counsel couldn't make it today, so we're doing the best possible here. Mayor Clark: All right. Do we need any more conversation, direction? What's the pleasure of the Commission? Vice Mayor Plummer: Well, let me ask this question. If they cease to use this for the school, can it revert back? If they cease the operation of the school, can it revert back to the single- family resident? Mr. Sosa: Well, there would be a unity of title and... Vice Mayor Plummer: You're not listening to me. Well, they give us a covenant, yes. Ms. Slazyk: Yeah. Vice Mayor Plummer: Right. Ms. Slazyk: Yeah, I understand. Vice Mayor Plummer: I would move it subject to the conditions imposed, and if for any reason, at any time, if they ever give up the use of this as a school or this intended use that it automatically trigger a hearing to revert it back to the residential clause. I so move. Mayor Clark: Is there a second? Mr. Joel Maxwell (Assistant City Attorney): They accepting... Commissioner Gort: I'll second it, but I'd like for someone in staff to please sit down with the people, the opponent, and explain the conditions and what's taking place in here. Mayor Clark: All right. Call the roll, Madam Clerk. 135 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-249 A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1, RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A PRIMARY AND SECONDARY SCHOOL FOR THE PROPERTY LOCATED AT 600 NORTHWEST 24TH AVENUE, 619/21 NORTHWEST 25TH AVENUE, 2455 NORTHWEST 6TH STREET AND 2480 NORTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO), ZONED R-2 TWO FAMILY -RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL, PER PLANS ON FILE, SUBJECT TO: (1) THE CONDITIONS SET FORTH ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF; (2) THE SUBMITTAL OF A COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCORPORATING SAID CONDITIONS; AND (3) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Call the next item. It's been approved. Commissioner Gort: Somebody explain it to... Vice Mayor Plummer: Would somebody please explain to Pedro what hit him. Mayor Clark: Pedro Gonzalez can talk to the lady right here. All right. Mr. Maxwell: Mr. Mayor, I think the record should be clear that they did accept that. Commissioner Gort: Where's he going? Pedro, it's right here. Vice Mayor Plummer: Well, excuse me. That has to be that the school understands that you don't get that permission without that covenant being given by you. That's normal. Mr. Rodriguez: Mr. Gonzalez... 136 March 27, 1995 Commissioner Gort: Who's going to talk to Pedro? Mr. Rodriguez: Somebody will explain to you. ALGUIEN LE VA A EXPLICAR A USTED LO QUE PASO. Mayor Clark: He understands that, I'm sure. That covenant has got to be forthcoming before you get a right... Mr. Gonzalez: ELLOS NO CONTARON NUNCA CON NOSOTROS PARA HACER ESO, NI VIERON NINGUN VECINO. TODO LO HICIERON A ESPALDAS. TRAJE PAPELES EN EL VIAJE PASADO Y NO LOS ACEPTARON AQUI. Translation: They never checked with us, with any of the neighbors, to do what they are now trying to do. Commissioner Gort: You guys don't live there? Mayor Clark: Well, we see it. OK. Commissioner Gort: ESA GENTE NO VIVEN ALLI? ELLOS NO VIVEN EN EL BARRIO? Mr. Landin: These people are friends and neighbors of the school, and they want the approval of this... Commissioner Gort: PERO VIVEN EN EL BARRIO O NO VIVEN EN EL BARRIO? Mr. Gonzalez: ESO, NADIE VIVE EN EL BARRIO, QUE YO CONOZCA. Commissioner Gort: NADIE VIVE EN EL BARRIO. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) Mayor Clark: Please, no, no, no arguments now. Sir, no argue... OYE. Vice Mayor Plummer: Here we go. Mayor Clark: OYE, SILENCIO. Mr. Gonzalez: EN QUE LUGAR? DA LA DIRECCION. VEINTE-Y-TRES Court. Mayor Clark: Take it easy. Vice Mayor Plummer: Here we go. Mayor Clark: Next case. Commissioner Gort: Explain to him, will you? 137 March 27, 1995 :�� f• .`A ----------------- ----------------------------------------------------------------------------------------------- 52. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP, CHANGING LAND USE DESIGNATION AT 2537-2543 S.W. 11 STREET FROM DUPLEX RESIDENTIAL TO MULTIFAMILY MEDIUM -DENSITY. (Applicant: Jose E. & Maria J. Valdes.) Mayor Clark: All right, let's go to the next item. Where are we at? Mr. Roberto Lavernia: PZ-11. Mayor Clark: Are we going to get out of here today or not? PZ-11, go ahead. Mr. Sergio Rodriguez (Assistant City Manager): PZ-11 is... Mayor Clark: Southwest llth Street. Haven't we had this one time? Mr. Rodriguez: Right. There was a discussion last time, and you continued the item till today. There was a presentation made by Ms. Leiva, and also there was a presentation made by Ms. Maria Valdez, I believe. Vice Mayor Plummer: How did we leave it? Mr. Rodriguez: You... Actually, you asked us to continue this item, and you were going to go, I believe, and check the site, and try to get a look, take a look at the place to see... Mayor Clark: Are there people here objecting to this item? Vice Mayor Plummer: Yes, sir. Mr. Rodriguez: They are on the side, sir. Mayor Clark: Oh, yeah. They're very quiet. Take it slow, Madam. Go ahead. You're... Go ahead, Mr. Price. Mr. Stanley Price: Thank you, Mr. Mayor and members of the Commission. Stanley Price and Vicky Leiva, 701 Brickell Avenue, representing the applicant. This matter was deferred for further review. At the last hearing, we presented over 200 signatures in support of the application. We have another 270 signatures that we'd like to submit to the Commission as well as... Mayor Clark: The only problem is... The only problem is, those are signatures, and we got 25 live bodies here. Mr. Price: I understand that, Mr. Mayor. I've played this game for a while. I understand that. Mayor Clark: Where do these people live? Mr. Price: These were sent through people in the immediate area. Their addresses are on the documents, sir. 138 March 27, 1995 Mayor Clark: OK. Leave that with the Clerk. Mr. Price: I'm sorry? Mayor Clark: Leave that with the Clerk. Mr. Price: Yes, sir. Mayor Clark: Go ahead with your petition, Mr. Price. Mr. Price: Thank you. This is an area clearly in transition. We've gone out to the site on several different occasions. To maintain the status quo on this property does not make any sense. This site is a regularly shaped lot. There is no incentive for investment on this property. What we're asking for is a minimal improvement, which is clearly consistent to what is in this area, which is a series of multi -family units which are placed on smaller lots. This property is directly abutting an R-3 zone, which is what we're asking for. We feel this application makes sense. Mr. Mayor, just for the record, I had made an objection last time. I've submitted a document to the City Attorney's Office, once again raising an objection to a member of the City Attorney's staff appearing in front of any board or agency of the City. I realize there was a ruling. Vice Mayor Plummer: Which one was that? Mr. Price: I just want to preserve that for the record. In addition, we have a letter from the Miami Havana Lions Club, which is in support of this document. Now, at the Planning Board, when we originally appeared, we suggested that we would like to have this property utilized for a housing for the elderly development. The City of Miami pointed out that they have no zoning regulations to permit housing for the elderly, and a motion was passed by the Planning Board for the Planning Department to consider drafting appropriate legislation. As part of our application process, we mailed out a questionnaire for people who qualified under the definition of "elderly," and we have received back numerous responses indicating that there is a need for this type of housing in this immediate area. Once again, this is adjacent, directly adjacent to an R-3 district. It is a clearly transitional area where these uses are commonplace. And, in fact, what's very commonplace in this area is a series of zoning violations, in that this is an area where people want to live, but the type of housing which is built in this area does not adequately handle the supply that is necessary. I'd like Ms. Leiva to just address a couple of additional points, and we'd like to reserve some time in rebuttal. Ms. Vicky Leiva: The proposed use for the facility would be to down -size the three- and four - bedroom units that are currently on site into one -bedroom apartments, and dedicate the entire PUD (Planned Unit Development) project to housing for the elderly. There would be a program set up, number one, accepting individuals only 55 years of age and older, and there would be amenities available to them, such as a conference room for their activities, shuffleboard, and other physical areas of enjoyment for the elderly. There is also a proposal to have them rent with additional services, such as maid services, and in some cases, if it's their wish, for meal services, also. It would be an all -encompassing program. To that effect, as Mr. Price mentioned, there was a survey sent out, and last time, we put into the record over 200 letters of elderly in the area who were interested in this kind of a facility. We have today about another 50 or so... 33 additional applications that have arrived, and they are being entered into the record. Mayor Clark: All right. Ms. Leiva: We would, also, as part of the restructuring, be able to fence in the entire area, and put electronic gates or access to the cars, as well as the individual entrances. The other item is 139 March 27, 1995 the issue of parking, which has been of some concern to the clients. Even though in housing, according to the City of Miami Code, when housing is dedicated to the elderly, the code only requires 50 percent of the required parking for a regular apartment building, we would be willing to continue to maintain the full parking requirement, as if it was not dedicated to the elderly. Mr. Price. Mayor Clark: All right. We'll give you some time for rebuttal. Yes, ma'am. Your name, please. Ms. Maria Ortiz: My name is... Mr. Mayor and members of the Commission, my name is Maria Ortiz, and I live at 2540 Southwest 11th Street. The last time we were here, this was continued, because signatures were offered into evidence which were not a part of the record prior to the hearing, and I had a right to review those signatures. I did obtain copies of the same, and review of them indicate to me that those signatures are not of people residing within 350 feet of the property which is applying for the requested change in zoning. Mayor Clark: Well, you know, really, though, they can sign from anywhere. Ms. Ortiz: I just want... Mayor Clark: There's no law against it. Ms. Ortiz: No, that's... I know, but... Mayor Clark: It's nice if they live right next door, but they don't have to. Ms. Ortiz: The reason I'm objecting to those signatures and to the new ones, if, in fact, they are not the signatures of the neighbors is for two reasons. First of all, they provided Planning and Zoning with a list of the neighbors. Why didn't they bother to send their recommendation to the neighbors to see what their opinions would be? Second of all, because this is a quasijudicial board, and the only people who really have standing to do anything, to request changes in ordinances, the people who have standing are the residents of the adjoining property. If you... If what was before you... Mayor Clark: Please, please, ma'am, I want you to contain your thoughts about... We're talking about land use now. We're not talking about neighbors. We consider them, but the property is up for land use change. Talk about the land use. Ms. Ortiz: OK. We're opposing the land use change, just like the Planning Board and the Zoning Board recommended unanimously, based on competent and substantial evidence, because we feel that it would be detrimental to the neighborhood, and the neighbors who are here today, and those who signed petitions, which were formerly forwarded to the boards are not in agreement with this change. We do not feel it would be beneficial to the neighborhood, and we are opposing it. I don't know how many parking spaces they have right now, but I doubt very much that they can accommodate 32 parking spaces, like they are saying. The only reason they are requesting this change is because they were found to be in violation by the Code Enforcement Board in December of '93, and they are... because they completed work without a permit, and they have illegal units on the property, and they are being fined $150 a day. And I think that it would be very unfair for you to make legal something which is illegal, and which is the reason we are here today. Mayor Clark: Thank you, ma'am. Mr. Price: Mr. Mayor. 140 March 27, 1995 Mayor Clark: Yes. Mr. Price: May I inquire? Mayor Clark: Please, please, please. Anything further, ma'am? Ms. Ortiz: I'll just save some time for rebuttal. Mayor Clark: No, you don't have rebuttal time, ma'am. It doesn't work like that. Ma'am, you're making your statement now. Rebuttal is not on your side. It's on the... Ms. Ortiz: OK. No, basically, that's it. We're opposed to the change. We feel it's detrimental and... Mayor Clark: Very clear, and thank you for your appearance. Ms. Ortiz: Also... Oh, I just remembered something. He's claiming... He's saying it's an R-3 behind the property, but if you look at the map, you'll notice that the other property... The properties abounding the tract, the full R-2, are R-1 and R-1 on the other two sides. Thank you. Mayor Clark: Thank you. Thank you. Yes, sir, two minutes. Mr. Price: I specifically indicated this property is directly contiguous to R-3, and I maintain that, and your staff even acknowledges that. Once again, Ms. Ortiz, as an Assistant City Attorney, I do not believe, is appropriate to be here. But more importantly, what her objections are, I still don't understand. She says she does not believe that it is compatible with the area. She didn't state why it is not compatible with the area, when, in fact, if you review this area, this is totally consistent with the area. Vice Mayor Plummer: She's a property owner? Commissioner Gort: She lives there. Mr. Price: What we're asking is an opportunity to take property, and invest some money into property, and make it a worthwhile investment, and add additional dollars to the tax roll of the City. Once again, this area is a primarily R-3 district. Even in the R-2 district, if you go there, you see all of the characteristics of R-3. And we say this transitional area needs improvement, and this is the way to improve that area. Thank you. Mayor Clark: Thank you. The public hearing is closed. Pleasure of the Commission. You aree laid back. Let's go, somebody. Geez, I've never saw... Commissioner Gort: Mr. Mayor, I like to be... I'd hate to be the bad guy, especially with the people in there, but unfortunately, that is an R-1 district in there, and these people were here as a PUN (Planned Unit Nature) back in '82, and I remember this petition in here. For that reason, I don't think the change in there will be beneficial to the community. I think it would be detrimental. Mayor Clark: Your motion is to deny the petition. Commissioner Gort: Motion to deny. Mayor Clark: Is there a second? Motion and a second by Mr. Gort and Mr. De Yurre. Call the roll, Madam Clerk. 141 March 27, 1995 The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO.95-250 A MOTION TO DENY AGENDA ITEM PZ-11 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 2537-43 S.W. 11 STREET FROM DUPLEX RESIDENTIAL TO MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.) Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Now, the next item... Mr. Price: Thank you for your attention. Mayor Clark: Thank you. ---------------------------------------- ------------------------------------------------------------------------ 53. DENY PROPOSED FIRST READING ORDINANCE TO AMEND 11000 ATLAS, CHANGING DESIGNATION AT 2537-2543 S.W. 11 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL. (Applicant: Jose E. & Maria J. Valdes.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: We have the next item... Vice Mayor Plummer: Same on 12. Is that... Is that... 12 is a companion, right? Mayor Clark: Right. Commissioner Gort: Companion item. Vice Mayor Plummer: So is 12 dead, or do we have to vote on it? Mr. Joel Maxwell (Deputy City Attorney): You need to vote on it. Commissioner Gort: Move for denial. Mayor Clark: You have to read it? 142 March 27, 1995 Mr. Maxwell: No, sir. Just motion to deny. Mayor Clark: Call the roll. Call the roll. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 95-251 A MOTION TO DENY AGENDA ITEM PZ-12 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ATLAS AT 2537-2543 S.W. 11 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.) Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 54. SECOND READING ORDINANCE: AMEND 11000 TEXT, SECTION 618, TO INTRODUCE / MAKE PROVISIONS FOR NEW MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING MINIMUM LOT SIZE OF 20,000 SQUARE FEET) ENTITLED SD-18.1. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item 13. Vice Mayor Plummer: Item 13, that's Ms. Duval, and I think we ought to defer this for about six or eight years. I move item 13, Mr. Mayor. Commissioner Gort: Second. Mr. Sergio Rodriguez (Assistant City Manager): Thirteen and 14 are related, and we had to put something on the record on 14. Vice Mayor Plummer: Well, let's do 13 first. Mr. Joe McManus: In 13 is the... Mayor Clark: Wait a minute, wait a minute. Is this an ordinance? Mr. McManus: ... is the legislation amending the ordinance. In your agenda package, the... we, the Planning, Building and Zoning Department, had erroneously put the wrong ordinance in your 143 March 27, 1995 package. As you recall from last time, the Commission had deleted Area C from consideration. And Area C is the area bounded by Tigertail, Bayshore, Southwest 27th Avenue and Hallissee. We took that out. Vice Mayor Plummer: Which basically all the properties which touch... Mr. Rodriguez: Right. Vice Mayor Plummer: ... to Bayshore Drive, with the exception of two. Mr. Rodriguez: Right. Mr. McManus: Right. So... Vice Mayor Plummer: OK. That was excluded. Mr. Rodriguez: Right. Mr. McManus: That was excluded. Vice Mayor Plummer: So what we're voting on is the green and the orange. Mr. Rodriguez: And the blue. Vice Mayor Plummer: And the blue. Mayor Clark: And the blue, and the red, and the yellow, and all the rest of them. Mr. McManus: What we're distributing to you is the corrected legislation that matches what the City Commission told us to do last time. Vice Mayor Plummer: All right. The only question I have of you, Joe, in the area on the Brickell Extension, all of those people have been notified and are in favor at this time; is that correct? Mr. Rodriguez: Yes. Mr. McManus: Yes, sir. Vice Mayor Plummer: OK. Then my motion to approve is the same, excluding the other Bayshore... the purple. Mr. Rodriguez: The area you excluded before... Vice Mayor Plummer: That's correct. Mr. Rodriguez: ... when you were going through the first reading. Vice Mayor Plummer: That's correct. So move. Mayor Clark: Read the ordinance. Mr. Maxwell: An ordinance... This is 13, item PZ-13. 144 March 27, 1995 Vice Mayor Plummer: Thirteen, that's correct. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 618 TO INTRODUCE AND MAKE PROVISIONS FOR A NEW MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING A MINIMUM LOT SIZE OF 20,000 SQUARE FEET) ENTITLED SD-18.1; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11240. 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. 145 March 27, 1995 4R� ------------------- ••-------------------------------------------------- "----------- ( 55. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- 1) DELETE SD-1.8 (MINIMUM LOT SIZE OVERLAY DISTRICT) AND SUBSTITUTE SD-18.1 (MINIMUM LOT SIZE OVERLAY DISTRICT) TO CERTAIN PROPERTIES IN COCONUT GROVE -- REQUIRE MINIMUM LOT SIZE OF 20,000 SQUARE FEET FOR: (a) LOTS CURRENTLY ZONED R-1 SINGLE- FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE FEET) LOCATED WITHIN AREA BOUNDED BY S.W. 22 AVENUE (WEST), NATOMA STREET (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY) (NORTH), AND TIGERTAIL AVENUE (SOUTH); (b) LOTS CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (WITH SD-18 OVERLAY, MINIMUM 20,000 SQUARE FEET) WITHIN AREA BOUNDED BY THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY (EAST), VIZCAYA MUSEUM AND GARDENS (WEST), SOUTH MIAMI AVENUE (NORTH), AND BISCAYNE BAY (SOUTH); AND (c) LOTS CURRENTLY ZONED R-1 SINGLE-FAMILY RESIDENTIAL (MINIMUM 20,000 SQUARE FEET) IN AREA BOUNDED BY S.W. 27 AVENUE (WEST), HALLISSEE STREET (EAST), TIGERTAIL AVENUE (NORTH), AND SOUTH BAYSHORE DRIVE (SOUTH); AND (2) ADD SD-18.1 MINIMUM LOT SIZE OVERLAY DISTRICT (MINIMUM LOT SIZE 20,000 SQUARE FEET) FOR UNPLATTED PARCELS CURRENTLY ZONED R-1 SINGLE- FAMILY RESIDENTIAL (MINIMUM 20,000 SQUARE FEET) IN AREA BOUNDED BY S.W. 27 AVENUE (WEST), RICKENBACKER CAUSEWAY AND FEDERAL HIGH (EAST), U.S. 1 (SOUTH DIXIE HIGHWAY ) (NORTH), AND BISCAYNE BAY (SOUTH). (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------ --------------------------------------------------------------------- Vice Mayor Plummer: All right. What is your modification on 14? Mr. Joel Maxwell (Deputy City Attorney): Fourteen pulled out "C." Mr. Joe McManus: On 14, it was applying the atlas, and the way it reads in the agenda, area C is included. Again, we're excluding that same area, area C... Vice Mayor Plummer: With that provision... Mr. McManus: ... which the Commission excluded last time. Vice Mayor Plummer: With that provision, I move 14. Mayor Clark: You've got to read an ordinance here? Vice Mayor Plummer: Yes. Mr. Maxwell: Yes. Mayor Clark: Read it. Call the roll. 146 March 27, 1995 An Ordinance entitled - AN ORDINANCE (Pending the Law Department.) passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11241. 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. ----------------------------------------------------- ---------------------------------------------------------- 56. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) GOALS, OBJECTIVES AND POLICIES INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL USE PARAGRAPH -- TO INCLUDE SMALL SCALE LIMITED COMMERCIAL ACCESSORY USES. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: All right, 15. Ms. Lourdes Slazyk: Right. Items PZ-15 through 18 are the Florida Avenue items. Mayor Clark: Oh, God! 147 March 27, 1995 An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE OFFICIAL ZONING ATLAS BY: (1) DELETING THE EXISTING SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT AND SUBSTITUTING THEREFORE A NEW SD-18.1 MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING A MINIMUM LOT SIZE OF 20,000 SQUARE FEET) FOR: (a) THOSE LOTS CURRENTLY ZONED R-1 SINGLE FAMILY RESIDENTIAL, WITH THE SD-18 OVERLAY, AND HAVING A MINIMUM OF 20,000 SQUARE FEET IN AREA AND LOCATED WITHIN THE AREA GENERALLY BOUNDED BY SOUTHWEST 22ND AVENUE TO THE WEST, NATOMA STREET TO THE EAST, U.S. 1 (SOUTH DIXIE HIGHWAY) TO THE NORTH, AND TIGERTALE AVENUE TO THE SOUTH; (b) THOSE LOTS CURRENTLY ZONED R-1 SINGLE FAMILY RESIDENTIAL, WITH THE SD-18 OVERLAY, AND HAVING A MINIMUM OF 20,000 SQUARE FEET IN AREA LOCATED WITHIN THE AREA GENERALLY BOUNDED BY THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY TO THE EAST, VIZCAYA MUSEUM AND GARDENS TO THE WEST, SOUTH MIAMI AVENUE TO THE NORTH, AND BISCAYNE BAY TO THE SOUTH; AND (2) ADDING THE SD-18.1 MINIMUM LOT SIZE OVERLAY DISTRICT (REQUIRING A MINIMUM LOT SIZE OF 20,000 SQUARE FEET) FOR THOSE UNPLATTED PARCELS CURRENTLY ZONED R-1 SINGLE FAMILY RESIDENTIAL, AND HAVING A MINIMUM OF 20,000 SQUARE FEET IN AREA, WITHIN THE AREA GENERALLY BOUNDED BY SOUTHWEST 27TH AVENUE TO THE WEST, THE RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY TO THE EAST, U.S. 1 (SOUTH DIXIE HIGHWAY) TO THE NORTH, AND BISCAYNE BAY TO THE SOUTH; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11241. 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. 56. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) GOALS, OBJECTIVES AND POLICIES INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL USE PARAGRAPH -- TO INCLUDE SMALL SCALE LIMITED COMMERCIAL ACCESSORY USES. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: All right, 15. Ms. Lourdes Slazyk: Right. Items PZ-15 through 18 are the Florida Avenue items. Mayor Clark: Oh, God! 147 March 27, 1995 Ms. Slazyk: These have been modified from the last time they came to you with all of the conditions that we put on the record. Vice Mayor Plummer: Move item 15. Commissioner Gort: Second. Mayor Clark: Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDIANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Vice Mayor Plummer: You know, I just want to put on the record, people that said they couldn't sell their home in that area, one of you has got your home sold. Mr. Jack King: Yes, a lot of money, actually. A lot more than it was there before. Vice Mayor Plummer: That's not the point. The point was... I'm moving forward. I saw somebody moving out. Somebody was... Mayor Clark: What do you want to do with these things, then? Unidentified Speaker: Did you ever get a reason why? Vice Mayor Plummer: No, I didn't ask that. I just... The story I heard before... I'm voting for you. OK? I'm just saying, what I was told before, that you couldn't sell your homes... And I realize that's glass alley. "Glass alley" means that every window on that street gets broken, and I've seen that, but one of them, somebody has sold out. God bless them. Mr. King: Mr. Mayor. Mayor Clark: Yes, sir. Mr. King: If I could. My name is Jack King. I live at 3695 North Bay Homes Drive in Coconut Grove. Earlier today, you all allocated about $150,000 to do a comprehensive planning study for Coconut Grove. Vice Mayor Plummer: Correct. Mayor Clark: Yep. Mr. King: These next three items that you're working on here are essentially spot zoning in Coconut Grove, and I... And what you started off with, with the initial plan, and what you've ended up with, I mean, the thing has been emasculated like you can't believe. And it's just... It's to make a few people happy. The reality is, is in the Grove that we need somebody and something like you all have done already, to look at all of the problems, not just a couple of the problems. This particular situation does not take into consideration Coconut Grove Elementary School, Kirk Munroe Park, it does not take into consideration the R-1 in the area across McDonald Street, which is a consideration also, nor does it take into consideration the possible rebuilding and redevelopment of the post office property. I'd like to see you all not... vote this down for right now, and not because you're against it, but because I think it's part and parcel of something that should be greater. Coconut Grove is, you know... 148 March 27, 1995 J1AJ;, Mayor Clark: All right. J.L. Vice Mayor Plummer: Mr. Mayor, I have to take a little bit of exception. This is not spot zoning. Spot zoning is where you do one parcel, and everything else is not the same. This is a total block area. I think, also, into consideration... Yes, the school was taken into consideration, and because of that is why this was proposed here. I think, also, it has to be remembered that this is contiguous to a commercial zone that backs up, that really and truthfully is not advantageous to an R-1 district. Mr. King: Mr. Plummer, if that were true, then you know... Mayor Clark: Come on, please, now, no argument here, now. Mr. King: ... you would have thrown Grady Dinkins out, you know, a long time ago, because she has the same situation on... Mayor Clark: J.L., you got a motion? Vice Mayor Plummer: My motion was to approve, Mr. Mayor. Mr. King: ... on Florida Avenue. Mayor Clark: All right, a motion to approve. Is there a second to it? Commissioner Gort: Second. Mayor Clark: On item 14. Vice Mayor Plummer: No, that's 15. Commissioner Gort: This is 15. Ms. Matty Hirai (City Clerk): On 15, Mr. Mayor. Mayor Clark: Read the ordinance, then. Vice Mayor Plummer: It's 15, 16 and 17, I think, are all... Mayor Clark: All right. Read them separately, I guess. Mr. Joel Maxwell (Deputy City Attorney): I just read 15. Mayor Clark: Was this 15, Joe? Vice Mayor Plummer: Mr. Mayor, just for the record... Ms. Matty Hirai (City Clerk): It is 15. Vice Mayor Plummer. The one point that he did that I have to be concerned about is the post office property. That's the one, and also, remembering, now, we have the one property with the one -foot buffer which is on that side over to McDonald. Mr. Rodriguez: That was included. 149 March 27, 1995 I'S., Vice Mayor Plummer: All right. But the problem that... Let me tell you, as far as I'm concerned, is still a concern, is what's going to happen with the post office property? Mayor Clark: Read the ordinance. Mr. Rodriguez: Right. We don't know. Mr. Maxwell: I think we already did 15, Mr. Mayor... Mayor Clark: You read it? Mr. Maxwell: ... but I'll do it again. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000'S GOALS, OBJECTIVES AND POLICIES INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL USE PARAGRAPH, TO INCLUDE SMALL SCALE LIMITED COMMERCIAL ACCESSORY USES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11242. 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. 150 March 27, 1995 41'r". -------------------------- ------------------------------------------------------------------------------------- 57. SECOND READING ORDINANCE: '.MEND 11000 TEXT -- ADD NEW SECTION 622 (SD-22 FLORIDA AVENUE SPECIAL DISTRICT) -- PROVIDE FOR INTENT AND EFFECT -- ESTABLISH ALLOWABLE USES AND DENSITIES -- ESTABLISH REQUIREMENTS FOR PARKING J LOADING -- REGULATE SIGNAGE -- PROHIBIT VARIANCES -- INCORPORATE DESIGN GUIDELINES / STANDARDS BY REFERENCE. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item. Vice Mayor Plummer: Move it, 16, the same. Mayor Clark: Read it, Mr. Maxwell. All right, call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING A NEW SECTION 622 ENTITLED "SD-22 FLORIDA AVENUE SPECIAL DISTRICT"; PROVIDING FOR INTENT AND EFFECT ESTABLISHING ALLOWABLE USES AND DENSITIES; ESTABLISHING REQUIREMENTS FOR PARKING LOADING; REGULATING SIGNAGE; PROHIBITING VARIANCES; INCORPORATING DESIGN GUIDELINES AND STANDARDS BY REFERENCE; PROVIDING DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11243. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 151 March 27, 1995 114r,+ A -------------------•--------------------------------------------------------------------------------------------- 58. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP - 10544) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION FOR PROPERTIES FRONTING FLORIDA AVENUE FROM MATILDA STREET TO McDONALD STREET (EXCLUDING KIRK MUNROE PARK) FROM SINGLE FAMILY RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Move 17. Mayor Clark: It's 18 now isn't it? Vice Mayor Plummer: Seventeen. Ms. Matty Hirai (City Clerk): Seventeen. Mayor Clark: OK. Whatever. Mr. Maxwell: Got a second on it? Mayor Clark: Read it. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTIES FRONTING FLORIDA AVENUE FROM MATILDA STREET TO McDONALD STREET, EXCLUDING KIRK MUNROE PARK, BY CHANGING THE LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11244. 152 March 27, 1995 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. ---------------------------------------------------------------------------------------------------------------- 59. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION FOR PROPERTIES FRONTING FLORIDA AVENUE FROM MATILDA STREET TO McDONALD STREET (EXCLUDING KIRK MUNROE PARK) FROM R-1 SINGLE FAMILY RESIDENTIAL TO SD-22 FLORIDA AVENUE SPECIAL DISTRICT. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Move 18. Mayor Clark: Yeah. Read it. All right. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS FOR THE PROPERTIES FRONTING FLORIDA AVENUE FROM MATILDA STREET TO McDONALD STREET, EXCLUDING KIRK MUNROE PARK, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO SD-22 FLORIDA AVENUE SPECIAL DISTRICT; RETAINING A ONE FOOT BUFFER STRIP; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE, passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11245. 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. 153 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- b0. SECOND READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS), TO AMEND R-2 TWO FAMILY RESIDENTIAL ZONING DISTRICT IN ORDER TO DELETE PROVISION ALLOWING FOR LOTS WITH MORE THAN 5,000 SQUARE FEET, ONE ADDITIONAL DWELLING UNIT FOR EACH 2,500 SQUARE FEET, BY SPECIAL EXCEPTION ONLY. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item 19. Commissioner Gort: I move 19. Vice Mayor Plummer: I second 19, but let me make the record very clear, if I may. Mayor Clark: Oh, no, leave it, please. Vice Mayor Plummer: If I may. I got a very irate phone call, and I'm not going to say from who. This is a situation that, in my estimation, it was granted, in spite of the Roads, because I felt at the time that this matter, that the people who owned the property played by the rules, and they were entitled by the rules at that time, that they... Mayor Clark: Did they play by the rules? Vice Mayor Plummer: That they played by them. Now, we said at the time, also, let's correct the situation so that it wouldn't happen again, and for that reason, is the reason that this matter is before us today. I merely wanted to clarify the matter on the record. Mayor Clark: All right. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING: SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO AMEND THE R-2 TWO FAMILY RESIDENTIAL ZONING DISTRICT IN ORDER TO DELETE THE PROVISION ALLOWING FOR LOTS WITH MORE THAN FIVE THOUSAND SQUARE FEET, ONE ADDITIONAL DWELLING UNIT FOR EACH TWO THOUSAND FIVE HUNDRED SQUARE FEET, BY SPECIAL EXCEPTION ONLY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 154 March 27, 1995 141, passed on its first reading, by title, at the meeting of February 23, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11246. 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. ---------------------------------------------------------------------------------------------------------------- 61. SECOND READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- ALLOW RETAIL SPECIALTY SHOPS, INCLUDING RETAIL SALES OF BOATING / FISHING / DIVING / SWIMMING SUPPLIES / EQUIPMENT BY SPECIAL EXCEPTION WITHIN EXISTING WATERFRONT SPECIALTY RETAIL CENTERS WITHIN EXISTING PARKS, WITH OUTSIDE DISPLAY / SALES OF BOATS ONLY BY SPECIAL EXCEPTION APPROVED BY CITY COMMISSION. (Applicant: Planning, Building & Zoning Dept.) Vice Mayor Plummer: On 20, as I re... I'll move it. Commissioner Gort: Second. Vice Mayor Plummer: As I recall, there are only two or three locations that this could affect... One location, and that's here at Monty Trainer's. Mr. Sergio Rodriguez (Assistant City Manager): Right. Vice Mayor Plummer: All right. And is there any objection to that, at all, by anybody? Mr. Rodriguez: Pardon? Vice Mayor Plummer: Is there any objection? Commissioner Gort: No. Vice Mayor Plummer: Then I move item 20. Commissioner Gort: Second. 155 March 27, 1995 ks, Mayor Clark: Move it. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS", TO ALLOW RETAIL SPECIALTY SHOPS INCLUDING RETAIL SALES OF BOATING, FISHING, DIVING AND SWIMMING SUPPLIES AND EQUIPMENT BY SPECIAL EXCEPTION WITHIN EXISTING WATERFRONT SPECIALTY RETAIL CENTERS WITHIN EXISTING PARKS, WITH OUTSIDE DISPLAY AND SALES OF BOATS ONLY BY SPECIAL EXCEPTION APPROVED BY THE CITY COMMISSION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11247. 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. ---------------------------------------------------------------------------------------------------------------- 62. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- PROHIBIT PLACEMENT OF DONATION COLLECTION BINS WITHIN ALL ZONING DISTRICTS. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: OK. On 21, I expressed my thoughts before. I would be... I got a problem, if you're going to tell the Salvation Army and other people that they can't put out a bin. Now... What? Mayor Clark: Well, what do you want to do? Vice Mayor Plummer: Well, what I want to do is allow them to have these bins out there. Mayor Clark: I saw this thing earlier. Vice Mayor Plummer: What's the recommendation? 156 March 27, 1995 Mayor Clark: Have the bins out there. Put their name on them. Mr. Sergio Rodriguez (Assistant City Manager): The Salvation Army is supportive of the position that the Planning Department has taken. Vice Mayor Plummer: Well, let me tell you what I would want to do. OK? I would want that... There's got to be some regulation that any applications have to be approved by the Administration. I think that will take care of it. Mr. Joe McManus: Commissioner, Commissioner, what we're doing is eliminating anybody's ability to put an unattended donation and collection bin anyplace in the City. Vice Mayor Plummer: Joe, Joe, I love you dearly, but let me tell you something. Mayor Clark: Next case. Come on, read the ordinance. I'm tired of this now. Read the ordinance. Vice Mayor Plummer: The problem, Mr. Mayor, up here, right here, right now, in Coconut Grove, you got people selling out of Rubber Maid bins, and the minute they come in and say they're a religious organization, you're telling me you can't do anything with them. OK? Now, all I'm saying to you is, I think that if you say that each application has to be approved by the Administration, that covers it. That's my... That's my vote. Mayor Clark: Call the... read the ordinance. All right. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS", TO PROHIBIT THE PLACEMENT OF DONATION COLLECTION BINS WITHIN ALL ZONING DISTRICTS; PROVIDING A DEFINITION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Dawkins, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Mayor Stephen P. Clark NAYS: Vice Mayor J.L. Plummer, Jr. ABSENT: Commissioner Victor De Yurre 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 DURING ROLL CALL: Vice Mayor Plummer: As it stands, I vote no. Commissioner Dawkins: May I ask what you find wrong with it? 157 March 27, 1995 01&► Vice Mayor Plummer: Yeah. Because you're going to deny needy organizations to... to, in fact, stop them from being able to collect clothing and... Commissioner Dawkins: OK. Thank you. Call the roll, Mr. Mayor. Mayor Clark: You got it. -------------------------------------------------------- ------------------------------------------------------- 63. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) R-1 SINGLE FAMILY AND R- 2 TWO FAMILY RESIDENTIAL DISTRICTS, BY ALLOWING CHILD DAYCARE CENTERS WITH A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL EXCEPTION ONLY -- AMEND SECTION 936 BY MODIFYING CERTAIN GENERAL CHILD DAYCARE CENTER REQUIREMENTS. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Read the next item. Commissioner Dawkins: A resolution. Mayor Clark: No, it's not a resolution, an ordinance. Commissioner Dawkins: Twenty-two? Vice Mayor Plummer: No, 22 is... Mr. Maxwell: It's an ordinance. Ms. Lourdes Slazyk: PZ-22. This is a proposed amendment to the R-1 and R-2 residential districts to allow child daycare centers with a capacity of more then 20 children by special exception only. Mayor Clark: Let me tell you why I favor this, because we're trying to get out of the child care business, the daycare business ourselves, and we're asking the private enterprise to go ahead and do this, and this is a good way to get them involved, give them a chance to live. Vice Mayor Plummer: Plus the fact, Mr. Mayor, that it's a special exception which has to come on each individual application... Mayor Clark: Sure, absolutely. Vice Mayor Plummer: ... before this Commission for approval. Ms. Slazyk: Right. Mayor Clark: If you got a good background, you can check it out right then. Perfect. Vice Mayor Plummer: That's it. So be it. Mayor Clark: Read the ordinance. Call the roll. 158 March 27, 1995 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY AND R-2 TWO FAMILY RESIDENTIAL DISTRICTS, BY ALLOWING CHILD DAYCARE CENTERS WITH A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL EXCEPTION ONLY; BY AMENDING SECTION 936 BY MODIFYING CERTAIN GENERAL CHILD DAYCARE, CENTER REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 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. -------------------- ------------------------------------------------------------------------------------------- 64. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 609 (SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT) -- MODIFY REGULATIONS PERTAINING TO DEMOLITION PERMITS / CHAIN LINK FENCES / SIGNAGE -- PROHIBIT HEALTH CLINCS / POOL HALLS / BILLIARD PARLORS / GAME ROOMS. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right, next item, 23. Mr. Joe McManus: PZ-23. This item originated with the Upper East Side neighbors and the Upper East Side NET (Neighborhood Enhancement Team) Office, and it affects the frontage along Biscayne Boulevard, approximately from 36th Street all the way up to 85th, and what this does, it tightens the regulations in three areas. It tightens them in terms of signs, it tightens them in terms of interim landscaping, and it excludes health clinics, pool halls... Commissioner Dawkins: Move it. Mr. McManus: ... billiard parlors and game rooms Vice Mayor Plummer: Wait a minute. Miller, why... Mr. McManus: Approved by the... Recommended by the Planning, Building and Zoning Department, and approved by the Planning Advisory Board. 159 March 27, 1995 !Ar.. , Mayor Clark: Read the ordinance. Vice Mayor Plummer: What... No, excuse me. What is the objection to a health clinic? Commissioner Dawkins: Too many in the area already. Mr. McManus: I think the... Mr. Robert Moschell: May I be heard on that issue? Vice Mayor Plummer: No, I would like an answer to my question. Mr. McManus: There's a feeling that in clinics in the area on the boulevard, you have people kind of waiting out in lines across the fronts of buildings, out on the sidewalk. Vice Mayor Plummer: OK. Mr. McManus: It gives kind of a... a certain appearance to the boulevard. Vice Mayor Plummer: What you're saying is they can go elsewhere. Mr. Sergio Rodriguez (Assistant City Manager): And there are already health clinics in the area. Vice Mayor Plummer: OK. Mayor Clark: Read it, read it. Mr. Moschell: I would appreciate being heard, in opposition. Mayor Clark: Well, go ahead. Mr. Moschell: My name is Bob Moschell. I'm an attorney practicing here in Miami, and my address is 19 West Flagler Street. I'm appearing today on behalf of Thomas Kehoe, who is a long-time resident and businessman in the City of Miami, and he proposes to make use of an office building, presently, a vacant office building in the SD-9 overlay district, improve it, landscape the front of it, and utilize it for a legitimate health service to the community. Now, it appears that he would be prevented from doing that under this ordinance. I am addressing specifically the part of the ordinance that excludes health clinics as a permitted use in the SD-9 overlay. And I tried to find the definition, Commissioner Plummer, in the Zoning Ordinance of a health clinic, and there does not appear to be, per se, a definition of a health clinic. There is a definition of clinic, medical and dental, and it says: "Establishments providing medical, surgical and other health care services to individuals," and this is the important part, "including offices of physicians, dentists, and other health care practitioners, and customary accessory types of medical or dental services not involving the overnight stay of patients." Well, the problem that I see with that ordinance is, is that because the definition includes offices of doctors, dentists and other health care practitioners, that's a very broad definition. The practical effect of it... It's all up and down the boulevard. From north at Julia Tuttle Causeway to 87th Street, you're going to prohibit the offices of doctors. And also, any kind of physicians, by definition, and any kind of health care practitioner, which would include optometrists... I mean, you know, you can think of them... dentists... Mayor Clark: Massage parlors. 160 March 27, 1995 $jam. Mr. Moschell: And I don't know if that's the intent. And if that's not the intent, then I would question, what is the appreciable difference, if I were to take a vacant office building on the boulevard, and I were to fill it with doctors? That, apparently, would be a permitted use, if that's what's intended. But I could take the same building and I could fill it with doctors that were affiliated as a group, and then all of a sudden, they wouldn't be allowed to use it, because they were an excluded use as a health clinic. Mayor Clark: Let's get rid of this thing pretty soon. What have you got? Commissioner Dawkins: OK. It said "health clinics." Mr. Moschell: Yes, sir. Commissioner Dawkins: It does not say doctors, dentists, buildings. Now, my concern is that with the Federal government, for the lack of a better word, down -sizing, with the Federal government recommending that we have HMO (Health Maintenance Organization) concept. Now, my concern is that that health clinic could very easily become an HMO, and therefore, would have people on the streets and what have you. So, now, that's "health clinic." Doctor's office, no problem. Mr. Moschell: But again, Commissioner, I'm only going by what the Zoning Ordinance says, and maybe you need an opinion of the City Attorney here. It defines... It does not define health clinics. Commissioner Gort: It's very simple. We'll get it right now. Mr. Mayor, may I? Commissioner Dawkins: Yeah, go right ahead. Mayor Clark: Yes, you sure may. Go ahead. Commissioner Gort: What's your definition of a health clinic, and what's your definition of a doctor's office? What is the difference? Mr. Moschell: It's page 691 in the Zoning Ordinance. Commissioner Gort: Excuse me. That's... Mr. Moschell: I'm just trying to help. Commissioner Gort: That's all right. They get paid for it. Vice Mayor Plummer: And very well. Mr. Rodriguez: The definition of... in Zoning Ordinance 11000 is: "Clinic, medical or dental. Establishments providing medical, surgical, and other health care services to individuals, including offices of physicians, dentists, and other health care practitioners, and customary accessory types of medical or dental services, and not involved in the overnight stay of patients." Commissioner Gort: Not the overnight stay of patients. Mr. Rodriguez: Right. Commissioner Dawkins: And it also said "surgery." Surgery. 161 March 27, 1995 Commissioner Gort: Well, any major surgery would not take place in the one day. Commissioner Dawkins: Beg your pardon? Say what? Mayor Clark: Minor surgery. Commissioner Gort: Minor surgery would take place in like a dentist's office, if you get stitches. Commissioner Dawkins: But it didn't say minor. It said "surgery." Commissioner Gort: They can do surgery, but they can't stay overnight. Mr. Rodriguez: Yeah. The difference in this is that... Right, they cannot stay overnight. Commissioner Gort: They can't stay overnight, that's all. Mayor Clark: Well, let's bring it to a vote and find out. Mr. Moschell: Well, may I say something else, Mayor? Mayor Clark: Yes, sir. Mr. Moschell: I just don't... I think there's a perception, and I don't really know if it's well grounded, that all health clinics are bad, and I don't think that they necessarily are, obviously. I mean, we spoke about HMOs. The trend is to HMOs. Mayor Clark: Yep. Mr. Moschell: And you all can all think of HMOs that are run very well. And look at what's happening with hospitals that are opening regional centers, the one in Aventura that Mount Sinai is opening. I mean, nobody is complaining about that. It provides accessibility to the neighborhood. To pass this ordinance on a perception that all clinics are bad is not fair to the property owners, it's not fair to the residents that need accessibility to medical services, and it's not... it's not fair to... Mayor Clark: Do these people want to speak on this item? Commissioner Gort: They're the ones who requested it. Mayor Clark: Speak. Mr. Rodriguez: Also, if you want to... Mayor Clark: You represent these people? Mr. Moschell: No, I don't. I would like to say one other thing, though, if I may, or I'll come back after they're done. Mayor Clark: Say it now. Mr. Moschell: I've learned that... It seems to me that one of the things the residents want in this area, through the NET office, is they want a master plan. They want what we talked... they 162 March 27, 1995 talked about earlier with Coconut Grove. So my... My feeling is, on behalf of my client, is wait for the plan. Any of these uses that are... may be beneficial, then let's wait and see what the master plan is for those kind of uses, rather than going ahead and doing something that really could cause more harm than good. Thank you. Mayor Clark: All right. Let's hear this lady and the gentleman. Give us your name and address. Ms. Norah Shaefer: My name is Nora Shaefer. I've lived in the northeast section for 29 years. I am here on behalf of the Morningside Civic Association, and the Upper East Side Federation. This overlay, the inception was at a meeting that was attended by the Upper East Side Federation. Each homeowners' association sends two members to that. It has a tremendously good number of ideas. I hate to see it bogged down on one. Overall... Mayor Clark: Do they favor this ordinance? Ms. Shaefer: They favor this ordinance. Mayor Clark: OK. That's all you have to say. Ms. Shaefer: They wanted it very much, and we hope that you will help us in our continuing efforts to... Mayor Clark: Clean it up. Ms. Shaefer: ... to clean up Biscayne Boulevard. Mayor Clark: All right. We'll sure try, Nora. Ms. Shaefer: I want to remind you all of a clinic that we have had a block away from Biscayne Boulevard for a number of years, that it's been a very sad commentary, if you want to call it, on clinics, where people have been selling clothes, and hotdogs, and hamburgers out in the middle of the street. It's called the Borinquen Clinic. And it was not a good experience, and I certainly don't think that you could put it on the boulevard, with the tremendous amount of traffic that goes up and down. Mayor Clark: All right. Thank you, Nora. Ms. Shaefer: Thank you. Mayor Clark: Let's hear from this gentleman here. Mr. Manny Lamazaros: Yes. My name is Manny Lomazarus. I live on 67th Street Northeast in Upper East Side. I'm the president of the homeowners' association for Bayside, and I just wanted to let you know that we're in support of this amendment, the Bayside Association is in support of it. And just to add to that, he talked about with the passage of this amendment, they can always... any person can come up before the Commission and have the Commission overrule the overlay. So they can go on a case by case basis, which is what, exactly what we want. Mayor Clark: All right. All right, fine. You've spoken, but I'll give you another minute, that's all. Mr. Moschell: I didn't ask for rebuttal, but it is in direct response to what they had to say, and that is, if the concern is lines out in front, or undesirables hanging out, I'm not quite sure what the concern is. If it is, then isn't there some other less restrictive way than exercising the zoning 163 March 27, 1995 ,&, power? Maybe we could put, require parking in the rear, or require an entrance in the rear, or something like that. Mayor Clark: Thank God we got that zoning power, it's about all we have. Thank you, sir. All right, let's come to a decision. Commissioner Dawkins: You want to be heard, sir? Mayor Clark: You want to be heard? Mr. Patrick Prudhomme: My name is Patrick Prudhomme. I live in the Shorecrest area. I'm also a member of the Federation, and I just want to say we are very much in support of the SD-9 overlay, the way that we are bringing it before you. We do have a big fear about clinics in our area. We are having a homeless shelter that is opening in the Omni area. We know that these motels and office buildings are going to be a very desirable site for these people to set up business. Mayor Clark: All right. Mr. Prudhomme: And I did want to suggest one thing; that this man go back to his client and ask him to landscape and clean the building up now, and not wait until he finds something to do with it. Thank you. Mayor Clark: Thank you. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 609, "SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT," BY MODIFYING REGULATIONS PERTAINING TO DEMOLITION PERMITS, CHAIN LINK FENCES AND SIGNAGE, AND PROHIBITING HEALTH CLINICS, POOL HALLS, BILLIARD PARLORS AND GAME ROOMS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Dawkins, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 164 March 27, 1995 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. ---------------------------------------------------------------------------------------------------------------- 65. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS), G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT, BY MODIFYING SIGN REGULATIONS. (Applicant: Planning, Building & Zoning Dept,) Mayor Clark: Next item, 24. Commissioner Dawkins: Twenty-four, and the last one, Mr. Mayor. Mayor Clark: You got it. Commissioner Dawkins: Oh, we got pocket items. OK. Vice Mayor Plummer: No, they've got another emergency item over here. Commissioner Dawkins: No, you don't have any more. J.L., you had six. Vice Mayor Plummer: Not me. It's not mine. If you don't want to take it up, that's fine with me. Commissioner Dawkins: No, sir. I call the rule. Mr. Joel Maxwell (Deputy City Attorney): Item 24, Mr. Mayor. Ms. Lourdes Slazyk: All right. We have one more PZ item. Mr. Maxwell: Item 24. Mr. Sergio Rodriguez (Assistant City Manager): One PZ item, PZ... Mayor Clark: What is this item? Read this into the record. Mr. Maxwell: You still have one more item, Mr. Mayor, 24. Mayor Clark: Well, let's read it. Mr. Rodriguez: Yeah. Ms. Slazyk: Yeah. PZ-24 is an amendment to the text of the Zoning Ordinance in order to modify the sign regulations in the GI government and institutional district. Mayor Clark: That's Pan American Hospital, with that sign ordinance matter. Ms. Slazyk: The existing sign regulations in GI are, as for the office district, which then reverts back to the residential district. What's happened is... 165 March 27, 1995 Mayor Clark: This helps them out, right? Ms. Slazyk: Hmm? Mayor Clark: This helps them out, out there at Pan American? Ms. Slazyk: Yeah, it... Mr. Rodriguez: This allows them to put signs now, when we have a special emergencies, emergency rooms and so on. Ms. Slazyk: Right. Schools and churches and hospitals, and things like that, can't do signs bigger than what's allowed in a residential district, and for a hospital, major hospital, that's a problem. Mayor Clark: Read the ordinance. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS, G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT, BY MODIFYING SIGN REGULATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre 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. AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER NON -AGENDA ITEMS. 1.66 March 27, 1995 ---------------------------------------------------------------------------------------------------------------- 66. ACCEPT SUPPLIES DONATED TO CITY OF MIAMI BY DADE COUNTY PUBLIC SCHOOL SYSTEM -- DONATE SAID SUPPLIES TO WINNERS, INC. Commissioner Dawkins: Commissioner Gort. Vice Mayor Plummer: Where's Wally's pocket item, did I handle it? Mayor Clark: What is it, Willy? Commissioner Gort: Mr. Mayor, I received a call from a group. They're going to receive a - you're getting a copy - acceptance of general supplies donated by Dade County Public School System to the City, which, in turn, will donate the supplies to Winners, Inc., a nonprofit organization. Commissioner Dawkins: Second. Mayor Clark: All in favor, signify by saying "aye." All Commissioners: "Aye." Mayor Clark: Opposed, like sign. So ordered. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-252 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A TRANSFER OF SURPLUS EDUCATIONAL SUPPLIES FROM THE DADE COUNTY PUBLIC SCHOOL SYSTEM FOR SUBSEQUENT DONATION TO WINNERS, INC., A NON -FOR -PROFIT COMMUNITY SERVICE ORGANIZATION, AT NO COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT SAID TRANSFER AND TO EFFECT SAID DONATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 167 March 27, 1995 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre ---------------------------------------------------------------------------------------------------------------- 67. ACCEPT HIGH IMPACT DRUG TRAFFICKING GRANT FOR $9,629 TO PURCHASE THE LEAP SYSTEM. Vice Mayor Plummer: Mr. Mayor, a request from the Police Department of the L-E-A-P System to accept a grant for $9,629 to purchase... the High Impact Drug Trafficking Grant. The reason for emergency is it's due to expire, if we don't act now. Mayor Clark: Act now. Vice Mayor Plummer: Act now. I move it. Commissioner Gort: Second. Mayor Clark: All in favor, signify by saying "aye." All Commissioners: "Aye." Vice Mayor Plummer: What the hell did I say? Lt. Joseph Longueira: To purchase the Leap System, Mayor Clark: Opposed, like sign. So ordered. Vice Mayor Plummer: To purchase the Leap System, that's what I said. Commissioner Dawkins: That's it. OK. All right. 168 March 27, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-253 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 AN EMERGENCY NEED EXISTS, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF A LAW ENFORCEMENT APPLICATION PROGRAM (L.E.A.P.) FROM DANKA/CAVALIER PRODUCTS, INC., IN THE AMOUNT OF $9,629, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM HAITIAN NARCOTICS ENFORCEMENT, PROJECT NO. 110060, INDEX CODE NO. 290463-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SYSTEM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre --------------------------------------------- ------------------------------------------------------------------- 68. , VICE MAYOR PLUMMER COMMENTS ON VENDORS IN FRONT OF COCOWALK NOT COMPLYING WITH CODE REQUIREMENTS AS TO CARTS, LOCATIONS, ETC. Vice Mayor Plummer: Mr. Mayor, let me ask a question, if I may, because I'll tell you, it bugs me. Commissioner Gort: You've asked enough already. Vice Mayor Plummer: No, no. Of the Administration. You know, I have no problem with churches being able to do certain things exceptional, but that one up in front of Cocowalk, why don't they have to comply with the regulations relating to what kind of stand they should have - OK? - and where they have the location? It seems that they cannot, to me... Give me an answer at the next meeting, but it seems like we went there, we said you got to have special kind of carts, you got to have locations, and they have just totally disregarded us. Unidentified Speaker: First Amendment. 169 March 27, 1995 Vice Mayor Plummer: First Amendment goes so far. I think they've gone further. I'd like an answer. OK? I think it's crazy. Mayor Clark: We're adjourned at 7:28 p.m. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:28 P.M. Stephen P. Clark MAYOR ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK 170 March 27, 1995