HomeMy WebLinkAboutR-95-0715J-95-821
9/28/95 9 5 - 715
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AMENDING
RESOLUTION NO. 94-429, ADOPTED JUNE 9, 1994
RELATIVE TO THE RECENT DOWNZONING OF PROPERTY
LOCATED AT 168-200 SOUTHWEST 32ND ROAD AND
3200-3202 SOUTHWEST 2ND AVENUE AND 1100-1139
SOUTHWEST 22ND TERRACE IN THE VICINITY OF THE
VIZCAYA METRORAIL STATION, BY AMENDING
PROVISIONS PERTAINING TO: THE REQUIREMENT
THAT VIZCATRAN LIMITED REOPEN THE CLOSED
STREET ON OR ABOUT SOUTHWEST 22ND TERRACE;
THE PAYMENT OF NEIGHBOR'S LEGAL EXPENSES; AND
RIGHTS -OF -WAY DEDICATIONS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Resolution No. 94-429
on June 9, 1994, a copy of which is attached hereto, accepting
Vizcatran Limited's proposal to downsize to R-2 its property
located at 168-200 Southwest 32nd Road and 3200-3202 Southwest
2nd Avenue and 1100-1139 Southwest 22nd Terrace in the vicinity
of the MetroRail Vizcaya Station (property hereinafter
collectively referred to as "Vizcatran"); and
WHEREAS, the City of Miami, via Resolution No. 94-429,
agreed to compensate Vizcatran Limited upon Vizcatran Limited's
completion, inter alia, of the aforementioned downzoning and
requisite Comprehensive Plan Amendments; and
WHEREAS, Resolution No. 94-429, also specifically and
expressly conditioned said recompense on the reopening by
*NOTE: SEE ATTACHED CLARIFYING MEMORANDUM DATED OCTOBER 26, 1995 FROM THE CITY ATTORNEY.
ATTACHMENT (S)
xC0NTAINED
"A:.
:CITY COMMISSIOIN
MEETING OF
S E P 2 8 1995
Resolution No.
956 715
Vizcatran Limited of the closed portion of Southwest 22nd Terrace
adjacent to Vizcatran; and
WHEREAS, Vizcatran Limited has accomplished the agreed upon
downzoning and Comprehensive Plan redesignation for Vizcatran,
i
but has not accomplished the required reopening of Southwest 22nd
Terrace; and
WHEREAS, Current conditions indicate that the earlier
necessity to reopen Southwest 22nd Terrace is no longer present;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
i
Section 2. Resolution No. 94-429, adopted June 9, 1994,
relative to the recent downzoning of property located at 168-200
Southwest 32nd Road and 3200-3202 Southwest 2nd Avenue and 1100-
1139 Southwest 22nd Terrace, in the vicinity of the Vizcaya
MetroRail Station, is hereby amended as follows1/:
"RESOLUTION NO. 94-429
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
i
THE CITY OF MIAMI, FLORIDA:
ii Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
1 provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
95- '715
Section 2. The City Commission hereby
authorizes the City Manager, subject to the conditions
specified in Section 4 hereof, to pay Vizcatran Limited
$980,000 in exchange for Vizcatran Limited's downzoning
of the Property to 111981" levels. The amounts set
forth herein shall be paid in the manner provided as
follows: 21
a. Approximately three hundred thousand,
five hundred seventy-five dollars
($300,575) shall be paid to Vizcatran,
Limited from the Vizcatran Limited
escrow account established pursuant to -a
that certain agreement dated June 15,
1988, between Swire Pacific Holdings,
Inc., Vizcatran Limited, the City of
Miami and Ocean Bank, as amended (the
Escrow).
b. Five hundred eighty-one thousand, four
hundred twenty-five dollars ($581,425)
from the General Fund shall be paid to
Vizcatran Limited as follows:
All amounts set forth herein are approximations and are subject to
recalculation at the time of disbursement.
3
95- 715
t
(i) An amount of $280,000 to be payable
upon the completion of the down -
zoning of the Property.
(ii) An amount of $301,425 to be payable
i
over the next three years on the
anniversary date of the adoption of
this Resolution, with no interest
payable thereon, as follows:
June 9, 1995 $100,000
i
June 9, 1996 $100, 000
June 9, 1997 $101,425
C. City will cancel an indebtedness in the
amount of fifty thousand dollars
($50,000) owed by Vizcatran Limited in
f
connection with the Escrow.
I d. City shall refund Vizcatran Limited the
I
1
! sum of forty eight thousand dollars
($48,000) for permit fees. Said refund
shall consist of a cash payment of
Twenty-three Thousand Dollars ($23,000)
and a credit to the Citv for Twenty-
five Thousand Dollars ($25,000) for
Vizcatran Limited's obligation due the
Neighbors for legal expenses, which may
a 95— 715
be advanced by the City pursuant to
Section 3 below.
e. Vizcatran Limited is hereby authorized
to vacate two (2) approximately 35 x 35
foot "turn -a -round" easements presently
dedicated within Vizcatran as public
rights -of -way. Said vacation process
shall follow normal Public Works
Department procedures.
Section 3. The City Commission further
authorizes the City Manager, subject to the conditions
specified in Section 4 hereof, to pay the Neighbor's
Legal Counsel Twenty-five Thousand Dollars ($25,000),
which represents an a==e:ant—net to exeeed one-half (V?)
of the legal expense incurred by the Neighbors in
connection with the lawsuit on this matter. The City
i
i
Manager is further authorized to pay an additional
i
Twentv-five Thousand Dollars ($25,000) to the Neighbors
legal counsel for the balance of legal expenses
incurred (total of Fifty Thousand Dollars ($50,000)) by
I
the Neighbors in the matter. Said additional Twenty-
,
five Thousand Dollars ($25,000), representing the
remaining one-half of legal expenses incurred by the
Neighbors and owed by Vizcatran Limited as per
agreement, shall constitute an advance by the City on
95- 715
its initial payment due Vizcatran Limited. Further,
said advance shall be credited to the City against the
total amount pledged to Vizcatran Limited in Section 2,
herein, and shall be deducted from the City's first
payment to Vizcatran Limited pursuant to this
Resolution.
Section 4. The City Commission hereby resolves
that the authorization given to the City Manager to
disburse the above specified funds is expressly
contingent upon:
a. Vizcatran completing, or causing to be
completed, all actions necessary to
accomplish a downzoning of the Property from
R-4 high density, multiple family
residential to R-2, two-family residential
and the corresponding change to the Miami
Comprehensive Neighborhood Plan 1989-2000 by
changing the land use on the Future Land Use
Plan from high density, multi -family to
duplex, and the r-eepening rededication to
the City of the closed portions of street
located on or about Southwest 22nd Terrace.!'
2i Subject street's rededication by Vizcatran Limited shall be
sufficient to restore the current plat of Vizcatran to conditions,
existing immediately prior to platting of "Vizcatran Gardens"
However, there is no requirement that the street be reopened
although such rededication shall include a turn -a -round, which may
be later contributed at the City's expense.
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i
b. The Neighbors dismissing the Lawsuit with
prejudice.
C. Vizcatran reimbursing the Neighbors in an
amount equal to one-half of all of legal
costs incurred in connection with the
Lawsuit.
Section 5. The City Commission hereby
authorizes the City Manager to waive all fees in
connection with the rezoning process.
Section 3. The City Commission hereby authorizes the
City Manager to immediately disburse all funds authorized in, and
pursuant to, Resolution No. 94-29, as amended herein.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 28th %EPH
pt mber 9
dCA
ATTEST: P. CLARK, MAYOR
WALTER J. EMAN,
CITY CL
PREPARED AND APPROVED BY:
E. MAXWELL
PUTY CITY ATTO NEY
S: W328
7
APPROVED AS TO FORM
AND CORRECTNESS:
95- '715
J-94-S67
8/9/94
RESOLUTION NO. 9 4 429
A RESOLUTION ACCEPTING VIZCATRAN LIMITED'S
PROPOSAL TO DOWN -ZONE TO R-2 THE PROPERTY
LOCATED AT 168-200 S.X. 32ND ROAD AND 3200- '
3202 S.X. 2ND AVENU AND 1100-1139 S.X. 22ND
TERRACE, MIAMI, FLORIDA; AUTHORIZING PAYMENT
TO VIZCATRAN, LIMITED IN THE AMOUNT OF NINE
HUNDRED AND EIGHTY THOUSAND DOLLARS
($980,000); FURTHER AUTHORIZING PAYMENT OF
CERTAIN COSTS INCURRED IN CONNECTION WITH A
LAWSUIT PERTAINING TO THE ABOVE MENTIONED
PROPERTY; WAIVING ALL FEES IN CONNECTION WITH
REZONING PROCESS; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL FUND AND CERTAIN OTHER
ACCOUNTS AS SPECIFIED HERRIN, SAID PAYMENT
SUBJECT TO CERTAIN TERMS AND CONDITIONS
PRECEDENT AS SET FORTH HEREIN.
WHEREAS, Vizoatran, Limited, a Florida Limited Partnership
(Vizoatran) owns certain property located at 168-200 S.X. 32nd
Road and 3200-3202 S.X. 2nd Avenue, and 1100-1139 S.X. 22nd
Terrace, Miami, Florida (more particularly described as Traot A.
Vizoatran Garden, as recorded in Plat Hook 129, Page 89, Public
• Records of Dade County Florida) herein after referred to as 'the
Property°; and
WHEREAS, the Property is presently zoned R-4 high density,
multiple family residential and in accordance therewith Vizoatran
has undertaken plans to construct a high rise multi -family
CITY COMMSION 117
MEETING Or �
JUN Q 9 W4
R 7r.4C-hfM R ti/Tr
45.. A90
residential building which site plane therefor have been approved
by the City; and
WHEREAS, on September 27, 1993, the City Commission adopted
Motion 93-604 instructing the City Manager to undertake a zoning
study (the °'Study°) of the Property in order to determine the
feasibility of down -zoning the Property; and
WHEREAS, the Study undertaken concluded that, based upon
changed conditions, the Property should be rezoned from R-4 high
density, multiple family residential to R-8, two-family
i
residential, and that the corresponding ohang.4 be made to the
Miami Comprehensive Neighborhood Plan 1989-2000 by changing the
land use on the Future Land Use Plan from high density,
multi -family to duplex; and
WHEREAS, on November 10, 1993, the Planning Advisory Board
(PAB) unanimously approved the findings of the Study (by.
Resolution PAB-39-93), the land use amendment (by Resolution
PAB-40-93) and the rezoning of the Property (by Resolution
PAB 41-93); and
WHEREAS; on December 18, 1993, the City Commission by
Resolution 93-809 re,eoted the Study; and
WHEREAS, a lawsuit is presently pending in the Circuit Court
of the Eleventh Judicial Circuit in mad for Dade County, Florida,
Appellate Division, Case No. 94-18AP (the 'Lawsuit'), wherein a
number of residents of the neighborhood wherein the Property is
located (the 'Neighbors"), as appellants, are contesting the City
Commission's action pursuant to Resolution NO. 93-809; and
95- 715
- S - r Al- 429
NI
WHEREAS, the Charter of the City of Miami authorizes the
City to do all things necessary or expedient for promoting or
maintaining the general welfare, comfort, peace, and health of
the City or its inhabitants; and
WHEREAS, the City Commission has determined that the above
referenced interests will Lz served and promoted by down -zoning
the Property as recommended by the Study;
NOW, THEREFORE, HE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. The recitals and findings contained in the
1
Preamble to this Resolution are hereby adopted by referenced
thereto and incorporated herein as if fully set forth in this
Section.
Section 9. The City Commission hereby authorizes the
City Manager, subject to the conditions specified in Section 4
hereof, to pay Vizoatran $980,000 in exchange for Vizoatran
downzoning of the Property to 019810 levels. The amounts set
forth herein shall be paid in the manner provided as follows:I/
a.. Approximately three hundred thousand, five hundred
seventy-five dollars ($300,578) shall be paid to
Vizoatraa from the Vizoatran. Limited esorom
a000unt established pursuant to a certain
agreement dated June 115, 1988. betieees Swire
Paoifio Holdings, Ino.. Vizcatran, Limited. the
l� All amounts set forth herein are approximations and are
subject to recalculation at the time of disbursement.
95-- 715
- 3 - 41— A90
City of Miami and Ooean Bank, as amended (the
8sorow).
b. Five hundred eighty-one thousand, four hundred
i
twenty-five dollars ($881,428) from the General
Fund shall be paid to Vizoatran as follows:+
1 ,.
(i) An amount of $280,000 to be payable upon the
} oompletion of the downzoning of the Property.
i
(ii) An amount of $301.425 to be payable over the
i
next three years on the anniversary date of
the adoption of this Resolution, with no
interest payable thereon, as follows:
l June 9, 1998 $100,000
f
June 9, 1996 $100,000
June 9, 1997 $101,425
o. City will oanoel an indebtedness in the amount of
fifty thousand dollars ($50,000) owed by Vizoatran
E
1 in oonneotion with the Reorow.
d. City shall refund Vizoatran the sum of forty eight
jthousand dollars ($48,000) for permit fees.
Seotion 3. The City Commission further authorizes the
City Manager, sub eot to the oonditions s eoified in Seotion
g � p
hereof, to pay the Neighbors an amount not to exoeed one half of
i
the legal ooste inourred by the Neighbors in oonnection with the
Lawsuit.
Seotion 4. The City Commission hereby resolves that the
authorization given to the City Manager to disburse the above
speoified funds is expressly oontingent upon:
s 4
95- 715
94- 429
1
a. Vizoatran completing, or causing to be completed,
all actions necessary to accomplish a down -zoning
of the Property from R-4 high density, multiple
I
family residential to R-2, two-family residential
I
and the corresponding change to the, Miami
I '
Comprehensive Neighborhood Plan 1989-2000 by
changing the land use on the Puture Land Use Plan
from high density, multi -family to duplex, and the
re -opening of the street located on or about S.V.
22nd Terrace.
b. The Neighbors dismissing the Lawsuit with
1 prejudice.
I
o. Vizoatran reimbursing the Neighbors in an amount
equal to one-half of all of legal costs incurred
i
in connection with the Lawsuit.
Section S. The City Commission hereby authorizes the
City Manager to waive all fees in.00nneotion with the rezoning
process.
Seotion.e. This Resolution shall become effective
1
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of Jae , 1994.
i
.� SJkPZZN P . CLAAk, MAYOR
CITY CLERK
95— '715
- s - 94— 429
9
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Af Qui JO . III
CITY ATTORr
I
JOB:osk:kd:M4438
95- 715
- e - 94- 429
1'g- 47
FITZGERALD & PORTUONDO, P.A.
Grand Bay Plaza
2665 South Bayshore Drive
Suite M -103
Coconut Grove, Florida 33133
Telephone (305) 854-6666
Telefax (305) 856-7634
September 28, 1995
Joel Maxwell, Esq.
Office of the City Attorney
City of Miami
Dupont Plaza Center
Suite 300
300 Biscayne Blvd Way.
Miami, Florida 33131
Re: Luis Herrera, et. al. v. City of Miami and Vizcatran
Our File No. 5993.5A
Dear Joel,
Pursuant to the agreement, the following needs to be paid
immediately to the Trust Account of Fitzgerald & Portuondo, P.A. on
behalf of Vizcatran, Ltd.:
$ 300,575.00 from escrow
$ 280,000.00 from city
$ 48,000.00 return of permit fees from city
$ 100,000.00 June 9, 1995 payment, from city
$ 728, 000. 00 TOTAL
In addition, the City owes us $100, 000.00 due on June 9, 1996,
and another $101,425.00 due on June 9, 1997. Finally, our debt of
$50,000.00 to the city is cancelled.
I have already prepared the Dedication of the street. As we
discussed, our share of Mr. Fletcher's payment in the amount of
$25,000.00 can be made directly from the City's funds due to us.
We stand ready to close on Monday afternoon, October 2, 1995.
Sincerely,
CC: John Flethcer, Esq.
ortuondo
llt;iil With
[�. car) 9•--=e
Walt0i F-Ge man
City Clerk
CITY OF MIAMI, FLORIDA FZ.=1 7
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE : SEP 19 1995 FILE :
of the City Commission
SUBJECT : Deletion of Requirement to
Re -Open S.W. 22 Terrace
s
FROM ; REFERENCES
Cesa io
City ger ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the Miami City Commission adopt
the attached resolution which amends Resolution No. 94-429 relative
the the recent down -zoning of the property known as Vizcatran
Gardens, by deleting the requirement to reopen the closed street of
S.W. 22 Terrace at its intersection with S.W. 32 Road.
BACKGROUND
On June 19, 1994, the Miami City Commission adopted Resolution No.
94-429 which accepted the proposal of Vizcatran Limited (owner) to
downsize the Vizcatran Gardens property from R-4 high density,
multiple family residential to R-2, two family residential.
Resolution No. 94-429 also obligated the City to compensate
Vizcatran Limited in exchange for the down -zoning, conditioned upon
the owner's reopening of S.W. 22 Terrace at its intersection with
S.W. 32 Road.
Vizcatran Limited has accomplished the agreed upon down -zoning and
Comprehensive Plan redesignation for the Vizcatran Gardens
property, but has not accomplished the required reopening of S.W.
22 Terrace. The reason why the latter has not been accomplished is
that conditions surrounding the site have changed since the
property was replatted and the street closed. For example, the
intersection of S.W. 1 Avenue and S.W. 32 Road has been restriped
and traffic rerouted due to the reconfiguration of traffic
movements at the Metrorail Station. Certain turning movements to
and from S.W. 22 Terrace and S.W. 32 Road can no longer be made.
These recent changes have diminished the need to reopen S.W. 22
Terrace to vehicular traffic. It is therefore recommended that the
requirement to reopen S.W. 22 Terrace at its intersection with S.W.
32 Road be deleted from Resolution No. 94-429.
9 5 - � 1.5
Wi � ' {•4ilii9�J[.ie J tfi'
FITZGERALD & PORTUONDO, P.A. I, C' !!/;�
Grand Bay Plaza ':i�l�.!
2665 South Bayshore Drive "
Suite M-103 SEP�l 3- ;PM 3'
Coconut Grove, Florida 33133
Telephone (305) 854.6666
Telefax (305) 856-7634
August 15, 1995
Mr. Cesar Odio
Manager, City of Miami
City Hall
3500 Pan American Drive
Coconut Grove, Florida
Re: Vizcatran
FINAL DEMAND FOR PAYMENT
Our File No. 5993.5A
Dear Mr. Odio,
On June 9, 1994, The City of Miami and our client, Vizcatran
Ltd., reached an agreement with respect to the long zoning dispute
which had existed with respect to the Vizcatran property. . That
agreement provided that Vizcatran Ltd. would down -zone the property
from R-4, high density, to R-2, two-family residential. In
exchange, The City of Miami was to pay Vizcatran Ltd. a total of
$980,000.00 in structured payments.
Pursuant to the agreement, Vizcatran Ltd. completed all steps
to down -zone the property as of June 9, 1995. At that time, the
City of Miami became indebted to Vizcatran in the initial sum of
$680,575.00. However, your staff has refused to -make payment to
date. It justifies this refusal by claiming that Vizcatran Ltd.
has the obligation to open the intersection at S.W 22nd Terrace and
S.W., 32nd Road. I have attached hereto a survey to assist you in
understanding the issue.
Our client never agreed to open that intersection as your
staff is now suggesting. The only thing that our client agreed to
do was to re -dedicate that portion of S.W. 22nd Street which the
City of Miami had earlier deeded to us. In this regard, I enclose
herein a copy of the transcript of the hearing on this issue. I
suggest to you that there is no ambiguity whatsoever on this point.
This is simply an opportunity that your staff has invented in order
to refuse to make payment. Needless to say, we will not stand for
this abusive stall. The pertinent portions of the transcript
(pages 237 and 238) read as follows:
w - s _15
Mr. Cesar Odio
August 15, 1995
Page 2
Mayor Clark: The street's back in the City's
ownership.
Commissioner Plummer: There's one other area there
that you've got to take into consideration, and that's
the reopening of the street. That's not part of the
down -zoning.
Mr. Fletcher: Right, that's true. That would have
to be a separate dedication by the property owner.
Commissioner Plummer: That is correct.
Mr. Fletcher: That could simply be a dedication.
j
Commissioner Plummer: It would have to be
rededicated back to the City.
Mr. Fletcher: Right. That would be part of the
agreement.
Commissioner De Yurre: Mr. Mayor...
Mayor Clark: Mr. De Yurre incorporates all this in
his motion, right?
Commissioner De Yurre: Yes, I do, Mr. Mayor.
Mr. De Yurre's motion was then voted upon and unanimously
approved. The written resolution then included the following
language: "...the re -opening of the street located on or about S.W.
22 Terrace." A copy of that resolution is also enclosed herein
for your reference.
It is axiomatic that a property owner does not close or open
intersections of streets. That is a governmental function. The
intersection of S.W 32nd Road and S.W. 22nd Terrace, as well as the
parallel streets, were closed for the Metro -Rail traffic pattern
before we ever even became a property owner at that intersection.
As such, it is ludicrous to suggest that we agreed. to open that
intersection.
In Mr. Joel Maxwell's letter to me dated July 7, 1995, he
suggested that the matter be brought before the City Commission for
the authority to resolve this issue. Accordingly, I am hereby
95- 7 1 5
� , k
Mr. Cesar Odio
August 15, 1995
Page 3
asking that this matter be placed on the very next agenda of the
City Commission.
In sum, we are asking that the City Commission clarify to its
staff that our agreement is only to rededicate that portion of S.W.
22nd Terrace which had been earlier deeded to us by The City of
Miami. Furthermore, we are asking the City Commission to require
that the initial payment be made immediately as is required.
Sincerely,
J. Portuondo
i CC: Jo /
CC: Joel Maxwell, Esq.
Vizcatran Ltd.
John Fletcher, Esq.
Mayor Steve Clark
Commissioner J.L. Plummer
Commissioner Miller Dawkins
Commissioner Victor De Yurre
Commissioner Willy Gort
ki
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95— 71.5
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68. ENTER INTO CONTRACT FOR ACQUISITION OF RESTb�NI JkL
PROPERTY AT 168-200 S.W. 32 ROAD, 3200-3202 S. W J_-Z:) Vjj�yVUFO eD
1100-1139 S.W. 22 TERRACE (TRACT A. VIZCATRANC9 , .,
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Ladies and gentlemen, let's have your attention, please. We have a full
Commission present, Madam Clerk?
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Mayor Clark: On the issue of Vizcatran, is the attorney for... Yes, ma'am, go ahead. You want
to say something?
Unidentified Speaker: No.
Mayor Clark: All right. Mr...
Commissioner Plummer: Mr. Mayor, the last time we met was to ask the Manager to go back
and to try and work out some kind of possible solution, and if not, to come back and to
recommend the amount of money that he felt was legitimate, and I would assume that we would
hear from him first, to make a report of what we asked him to do.
Mayor Clark: Good thought. Go ahead.
Mr. Cesar Odio (City Manager): I believe that the attorney asked me that he wanted to address
the Commission first, so I don't have any problem with that.
Commissioner Plummer: Well, we didn't ask for the attorney to speak first. We asked you to go
back, and that was the reason for the deferment.
Mr. Odio: Well, we have been negotiating. We have... I believe that it would be important that
he could address the Commission first, and then I'll answer any questions you may have.
Commissioner Plummer: -.'OK. Then, answer my question. My question is, what do you
recommending... the maximum the City can pay?
Mr. Odio: To purchase, Nye can only recommend the highest appraised value, and under State
law, we can offer up to six hundred thousand dollars.
Commissioner Plummer: Thank you, sir.
Mayor Clark: All right. Mr. Attorney, for the record, identify yourself.
Mr. Joseph Portuondo: Good evening. My name is Joseph Portuondo, on behalf of the owner of
the property of Vizcatran, Limited, and my offices are at 150 West Flagler Street, Suite 2701.
Mayor, on January 13th, you asked my client to stop consideration of construction on that
property of a sixty-four unit high-rise apartment building, to allow some opportunity to negotiate
with the City of Miami, to try to accomplish needs which would be beneficial to ourselves...
Mayor Clark: That was at a Commission meeting.
"s' "
232 June 9. 1994
Mr. Portuondo: Yes, yes, Mayor. ...to the owner, the City, and to the neighborhood, as well.
The neighborhood has had a history of opposition to any high-rise in that neighborhood. They
view any high-rise as an encroachment upon their residential neighborhood: And as such, over
the years... I've been involved seven years trying to resolve this matter, and I have been, since
January 13th, in constant communication with the City Attorney, the Asset Management people,
and the City Manager's office, as well as Mr. Fletcher, representing the homeowners. I proposed
an agreement approximately a month ago in writing, which has taken some modification since I
wrote it, which I'd like to bring to the Commission now. The proposal that I would like to make,
which essentially maintains the agreement in form with respect to recitals and so forth, but the
consideration changes a little bit. In other words, the money changes. And this is what we are
proposing to do. We are proposing that Vizeatran, Limited keep the property,, and that
Vizcatran, Limited agree to a down -zoning of the property, consistent with three duplexes on
that property and the opening of the street. In other words, go back to 1981 and make it that
way, and keep it that way.
(APPLAUSE)
Mayor Clark: Wait, please, please. Let the man make his presentation.
Mr. Portuondo: In exchange for which, as you know, we produced to the City Commission
approximately one point six million dollars in expenses we've incurred over time there, in
exchange for which, we would like the consideration of nine hundred and eighty thousand
dollars, to be composed of the following items. Let me bring you back. Let's go fast rewind
here to 1987. As you recall, we were in a litigation environment with Swire who was the
developer of Claughton Island, and at that point, Vizeatran, Limited forced Swire to pay into
escrow monies, of which there remains presently a liability of three hundred and fifty thousand
dollars. In other words, that is non -City ... not taxpayer money. That came from private funds.
So really, the City is not going to be responsible for that. It's already there. You don't have to
account for it. So we are proposing that the $980,000 be composed as follows. There's
presently $300,000 dollars in cash from that escrow and from Swire. There is $50,000 of
indebtedness that we owe the City of Miami as the result of some activity on that escrow. We,
ourselves, paid the City $48,000 in permit fees for the final issue of permit in January. We want
that back. After all, it's our own money. And on top of that, the City staff has identified
presently that it has $280,000 available from its general funds to contribute to the amount. That
would leave a balance owed, essentially, of $302,000, of which my client is agreeing to receive
in payments over the next three years on the year anniversary from today of $100,000 the first
year anniversary, $100,000 the second year anniversary, and on the last anniversary date,
$102,000, without any interest. And all of us would bear our own expenses with respect to
attorney's fees. I think the neighbors are going to be disappointed about that, because I had
before publicly said that if we got our one point six million dollars back, we would go ahead and
reimburse them for that portion. But we're not getting our one point six million dollars back,
so... And I would urge that the City find another - find somehow to make Mr. Fletcher and his
clients as happy as they can. Essentially, what it's going to cost, what it's going to cost the City
to go back to 1981 out of City -generated funds is going to be $580,000, of which we're getting
three hundred and twenty over the next three years. I think that's a very good bargain for the
City of Miami. It's important to these people to preserve their neighborhood, and I think that
investment is deserved by these people.
(.APPLAUSE)
Mayor Clark: You want the floor, Mr. De Yurre?
Commissioner De Yurre: I "think that; Mr. Mayor, if I may, that this is something that, you
know, I don't know if it's like, you know, !'we're back ..... .What's that monster movie that says
233' .June -9.� '04
"We're back"? And the guy, Freddy, keeps coming back. I've been at this... I've been in this
seat for seven years, just about, and J.L. and Miller, I guess they were here from the onset, since
'81, when this whole thing started. This ,7eighborhood has suffered a lot -psychologically, the
turmoil that has gone on. I feel that, again, like I've said all along, there are a number of things
that need to be looked at here. First of all, if this would have been a purchase, which is not what
we're talking about here, straight arm's length transaction, then it would have been a situation of
how much is it worth, and I'll pay it, and that's the end of that. But that's not the case here. Just
like you can have your grandfather give you a ring which may be worth twenty dollars, but you
think it's priceless, I think that's what we're dealing with here. We're dealing with the heart and
soul of a community. That property, to them, is priceless, depending on what happens to it. One
other point that is significant to me is the integrity of this Commission, of our government, in
dealing with developers. The developers have to know that they can rely on our decisions, that
they can come and invest their money, make Miami a better place to live in, and not think that
you don't know what the outcome is going to be. We need to make sure that that message is
clear, that we abide by our word, and we will not get into any games of down -zoning or up -
zoning or doing different things that are detrimental to the private sector. Thirdly, it's what I
have said in the beginning, the heart and soul of this community. They have been fighting with
their own money. They have spent countless hours dedicating themselves to this struggle, and
it's long overdue that we come to a culmination that will be satisfactory to them, that the
developer will feel that he has not been wronged, and that we, as government, stand by our
people, our community. We have worked long and hard to come to an understanding, and I
believe that what is being proposed here tonight is more than proper. In fact, they understand
that the City of Miami is strapped for cash, and we have been able to come to an understanding
as to payments over three years of three hundred thousand dollars, at no interest. I feel that this
is something that we should accept. I feel this is something for thc, good of the community, and I
feel that this community is going to walk out of here tonight feeling good about itself, and
feeling good about its government, and knowing that they, too, can rely on us to do the right
thing. So I'll just, you know, I'll make a motion...
Mayor Clark: Be more specific. The land is down -zoned back to R-2, which is duplex.
Commissioner Plummer: And who owns the land? Do we?
Commissioner De Yurre: They will own it.
Commissioner Plummer: So they're going to make a profit off of building three duplexes. In
other words, they're going to get nine hundred thousand, and nine hundred and eighty thousand.
Commissioner De Yurre: Nine -eighty.
Commissioner Plummer: Plus they're still going to own the land, they're going to sell the
duplexes, and they're going to make additional profit.
Mr. Odio: I just want to put on the record that we will be receiving taxes for sixty thousand
dollars a year, that we would...
Commissioner Plummer: For three duplexes?
Mr. Odio: Yes, sir. It is...
Commissioner Plummer: How do you get sixty thousand a year out of three duplexes?
Mr. Odio: They are valued at about six hundred thousand dollars. You have three duplexes
which, that's right, at today's market prices, what the City would be... The property would be
put in the tax rolls. Therefore, you would be generating sixty thousand dollars 8 ar. �
234 June 9, 1994
Mayor Clark: The street is returned back to the City.
Mr. Odio: Yes, sir.
Commissioner Plummer: Yeah. Mr. Mayor, if I may. You know, I have no qualms, and I have
no guilty conscience. I'm the only one - and I don't mean to be bringing it up - that voted from
day one against this project. But I do have a problem with exorbitant fees that are being paid.
Mr. Manager, I understand the one thing that you said to me earlier today is that you want to get
this behind you. And I guess the best thing to do is to try to get it behind us. Usually, though, in
a negotiation, they've made an offer, and we haven't had the right to negotiate or try to make a
better deal. Now, I'll ask you again, and I'm solely going to rely on your decision. You said
prior you would not give a dime more than six hundred thousand dollars.
Mr. Odio: To purchase the property.
Commissioner Plummer: OK, to purchase. But we're'not even purchasing it with their offer.
We're not getting the property.
Mr. Odio: That's the point.
Commissioner Plummer: OK?
Mr. Odio: That's a completely different proposal.
Commissioner Plummer: Now, I ask you, on the record, Mr. Manager, what is your best
opinion - and I'm going to govern my vote on that - as to whether or not, in behalf of the people
of this City, is that the best offer or not?
Mr. Odio: I truly believe, and I have - I have no doubts about what I'm going to say - that we
have an obligation to that particular neighborhood, as we have obligations to all the other
neighborhoods.
Commissioner Plummer: I've had it for eight years - more than eight years, sir.
Mr. Odio: I'm not saying that you didn't. You asked me about me. I have to make my decision
based on myself. Legally, if I was asked - and I've said this all along - the State law prohibits
me from offering to purchase the property for more than that price that I mentioned. There's
also... But the Commission has the right to offer more to resolve a problem that has been caused
by past practices, with something that happened ten years ago.
Mayor Clark: By no one in this Commission.
Commissioner Plummer: No one, no.
Mr. Odio: No one in this Commission.
Mayor Clark: Not even including...
Mr. Odio: That's a fact.
Vice Mayor Dawkins: I beg to differ.
,_ Mr. Odio: Oh, I'm sorry.
235
June 9, 1994
9�,- rV-a C
Vice Mayor Dawkins: J.L. Plummer and Miller Dawkins were a part of that problem. They
created the problem, not - not these. OK.
Mr. Odio: Yes, but you did not - you did not vote in favor of it.
Vice Mayor Dawkins: All right. OK.
Mr. Odio: I believe, and we've been talking upstairs, there is nothing... that this is a fair offer,
because - 6ecause cash out of pocket to the City of Miami, the real money, is five hundred and
eighty-two thousand dollars. Not only that, we put the property back into the tax rolls. We leave
them in the tax rolls.- We get the street back. And I suggest, sir, that - you asked me a direct
question - that, yes, we should accept this and leave it, put it behind, and let this community go
back about their business.
Commissioner Plummer: I said I would predicate my vote on that.
Mr. Odio: I recommend it.
Commissioner Plummer: I vote for the motion, but I have to tell you, without question, I don't
think that it's fair. I don't think that it's a fair appraisal of the fairness to the City, nor to these
people, because each and every one of these people are also taxpayers.
Mayor Clark: Well, have you got...
Commissioner Plummer: And I think that we could maybe negotiate a better deal, but if this is
the best deal that we can do, that's what we got to do. Let's put it behind us.
Mayor Clark: Please, sir, please, sir. Now, just relax. J.L.
Commissioner Plummer: Yes, sir.
Mayor Clark: I look at it this way, and I've been involved in this political process for thirty-five
years in this community, part here and part with the County. And there's a certain amount of
good government that goes along. with something like this. I know most of these people
personally, and have grown up with them over the past fifteen or twenty, thirty years.
Commissioner Plummer: Likewise.
Mayor Clark: And the problem is, if this goes to court - and I see an ace out there, because this
guy could turn around any court that I ever saw, John Pletcher - if this goes to court, I fear what
would happen after so much history of this being brought up and turned down, and brought up
and turned down, and sent back and turned down, where they're justified in receiving monies for
the work that they've done, because the City's always turned them down, always turned them
down. And if this went to court, they may be able to build a high-rise. I've seen that happen
many times in this City and this County. I believe the Manager has recommended a fair
settlement, and that's the proposal of Mr. Portuondo and his client.
Commissioner Plummer: Mr. Mayor, what I was hoping, just for the record...
Mayor Clark: Yes.
Commissioner Plummer: ... there was some discussion somewhere along the line that regardless
of whatever the price was, is that we were going to get the property, and that area was going to
'95- 715
236 June 9, 1994
be turned into a park. Now, I haven't heard a word about that. That was supposedly one of the
things that had been talked about, that we would get the property, it would be turned into a park,
it would be zoned for government, which means that it could never be used for anything but a
park in that area. Now, you know, we're not having any negotiations, whatsoever.
Mr. Odio: Yes, we did.
Mayor Clark: J.L., we could take the street. We're going to get the street back, and I don't
know how wide the right-of-way is there.
Commissioner Plummer: Well, there's no question, Mr. Mayor. I can tell you, I -was here
originally, you could not build a high-rise without the street being a part and parcel of the - part
of the total property...
Mayor Clark: That's true, that's true. The City sold it to them.
Commissioner Plummer: ... because the property is a postage stamp. But all I was hoping was,
is that we could come about the possibility of acquiring that property, which for a million
dollars, in round numbers, is what we're doing, and that that property would become a park for
the people of that community. Now, I haven't heard a word about that. Mr. Manager, did you...
Mr. Odio: If you build a park, you would lose the property from the tax rolls. That means you
would lose sixty thousand dollars a year and...,
Commissioner Plummer: We're losing a million now, so I...
Mr. Odio: ... and let me say this. They can speak for themselves. They would not have
accepted the six hundred thousand dollar price, so we would be in court.
Mayor Clark: All right. Let's move this.
Mr. Odio: So I believe me, Commissioner, I've been debating with this...
Mayor Clark: I had sleepless nights, too. All right. Mr. De Yurre, you're open.
Commissioner De Yurre: Mr. Mayor, I would move that we accept this offer, again, subject to
the down -zoning, that it actually occurs. Once that down -zoning occurs...
Mayor Clark: The street's back in the City's ownership.
Commissioner De Yurre: And then...
Mr. Maxwell: The , whole thing, Mr. Mayor, would be subject to the applicant filing an
application - not the applicant, but the co -appellee in this case - the property owner, filing an
application to down -zone the property, and to amend the comprehensive plan. There is a
pending lawsuit right now which the property owners have with the City. They are
codefendants, co -appellees in this case, so the whole thing would be subject -to that. This would
not be a normal purchase of the property, because that would be subject to other State
regulations.
Mayor Clark: John Fletcher.
Mr. John Fletcher: If I may... John Fletcher. Thank you. If I may, I have a suggestion on
handling that so we don't have to go through a clumsy process. We got partway through the
237 June 9, 1994
process, when it fell through, of down -zoning the property. All we need to do is stipulate in
court to a down -zoning with the property owner, and the City, and my clients. The City the
Court will remand the matter back to the City, and the City can zone the. ,property, predicated
upon our having been halfway there.
Mayor Clark: Mr. Portuondo, do you understand that?
Mr. Maxwell: We still...
Mayor Clark: No problem with that.
Commissioner Plummer: 'There's one thing you're forgetting.
Mr. Portuondo: I'm not as smart as Mr. Fletcher, but I understand it's already incorporated in
the agreement that I proposed.
Commissioner Plummer: There's one other area there that you've got to take into consideration,
and that's the reopening of the street. ;That's not part of the down -zoning.
Mr. Fletcher: Right, that's true.' That would have to be a separate dedication by the property,
owner.,
Commissioner Plummer: That is correct.
Mr. Fletcher: That could simply be a dedication.
Commissioner Plummer:] It would have to be rededicated back. to the City.
Mr. Fletcher: Right. That would have to be part of the agreement.
Commissioner De Yurre: Mr. Mayor...
Mayor Clark: Mr. De Yurre incorporates all this in his motion, right?
Commissioner De Yurre: Yes, I do, Mr. Mayor.
Mr. Maxwell: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Maxwell: I'm sorry I interrupt. You know, in all due respect to Mr. Fletcher, I don't think
that that would preclude the public hearing process for the down -zoning, nor for the comp. plan
change, so it would still have to be all subject to that.
Mayor Clark: You could use this one, John. John.
Mr. Odio: Can you also say that all lawsuits are dropped, there is no... and a promise of no more
filing of lawsuits?
Mr. Fletcher: If I may.
Mayor Clark: Please, John. Please.
Mr. Fletcher, I'm sorry, I didn't mean to interrupt. I'm sorry. 715/5
238 June 9, 1994
Mr. Odio: I was going to ask you a question. And this includes all lawsuits being dropped, and
promises of no future lawsuits based on this issue?
Mr. Fletcher: Exactly. There could be two ways of doing that. And, Joel, if I may, we got
halfway through the hearings when the matter was dropped and...
Mr. Maxwell: What we got through was... That was simply a hearing on the study.
Mr. Fletcher: Well, actually... All right.
Mr. Maxwell: And we never got the... No, there was no application pending.
Mr. Fletcher: I agree with you on that. But if that would save time, we could do it that way. If
not, the property owner could simply agree to be an applicant, and not withdraw his application.
We could put our lawsuit on the back burner until it was accomplished, and then dismiss the
lawsuit once it's down -zoned.
Mr. Maxwell: But see, there was no application pending. He... There was no application for
him to withdraw or not to withdraw.
Mr. Fletcher: No, no. What I'm saying is, now, if you don't like the way I suggested, then the
property owner can file an application to down -zone the property.
Mr. Maxwell: That's exactly what I'm suggesting.
Mr. Fletcher: Right. Go through that process, put the lawsuit on the back burner, pending the
outcome of that, and when the property is down -zoned, dismiss the lawsuit.
Mayor Clark: All right.
Mr. Maxwell: Fine.
Commissioner De Yurre: So moved.
Mr. Maxwell: That's exactly what we're saying.
Commissioner De Yurre: And, of course, waive whatever fees there are in the application
process.
Mayor Clark: All right. Motion by Mr. De Yurre.
Mr. Manuel Gonzalez-Goenaga: May I be recognized? This is a public hearing. Could I make
my comments?
Mayor Clark: If you have a couple of minutes to add some wisdom to it.
Mr. Gonzalez-Goenaga: No, no, no. I am going to add something very important.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: I think that this... I urge this Commission to arrive at a fair and
equitable result for one particular reason. We cannot let ourselves be governed by past practices.
r� The past bad practices of this Administration are very well known, and also present practices.
IW
239 June 9, 1994
95- 715
And I was at the Metro Commission today regarding the FEMA (Federal Emergency
Management Agency) issues.
Mayor Clark: God bless you.
Mr. Gonzalez-Goenaga: There is going to be a lot of problems with FEMA.
Mayor Clark: Well, if you can suffer through that in one day, you're a fortunate man. Mr. De
Yurre has a motion.
Commissioner Plummer: Can I ask a question?
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Portuondo, are you going to re...
Mayor Clark: No. Mr. Portuondo.
Mr. Gonzalez-Goenaga: Oh, I'm sorry.
Commissioner Plummer: Are you going to reimburse the Roads Section people the money that
they have spent and paid for a lawyer?
Mr. Portuondo: No, sir.
Commissioner Plummer: That's not part of the parcel?
Mr. Portuondo: No, sir.
Commissioner Plummer: Don't you think you ought to consider that?
Mr. Portuondo: Sir, if you increase it fifty thousand dollars, I'd be happy to do that. We have
one point six million dollars in the venture, and we're not getting our money back - we've got
one point seven million.
Commissioner Plummer: I just think that they've spent the money, and they paid for Mr.
Fletcher, that you ought to consider them in...
Mr. Portuondo: I'll split it with you. How does that sound?
Mr. Maxwell: Don't, don't...
Commissioner Plummer: That sounds reasonable. At least they got something.
Mr. Portuondo: I'll split it with you. We can split it.
Mayor Clark: All right. That's fair enough.
Commissioner Plummer: That's fair enough.
Mayor Clark: Motion by Mr. De Yurre. Is there a second to his motion? I'll second his motion.
Commissioner Gort: I'll go ahead and I'll second his motion. I'll second his motion. And I feel
like J.L., that it's not fair to the City, but at the same time, I feel that the City made a mistake l
when they did the zoning, and that's something that we have to try to fix up. t1
240 `" June`9-7 A94
i
1%
Vice Mayor Dawkins: Under discussion, Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: J.L. Plummer and I were the two here when this began. Now, we may
hear that we have paid an excessive amount of money for the land, but we will not have
compensated the neighbors for the pain and suffering that was caused by this Commission. At
the very beginning, Swire was supposed to put a hundred units of low income housing on
Claughton Island. This Commission allowed Swire to come off the hook for a lousy three
million dollars. And that three million dollars was divided, and a part of it was given to Liberty
City, part of it to Little Havana, and a part was given to the Roads. At that time, the'Roads said
they did not want any low rent housing. This Commission went along with everybody else, and
called them racists, and called them everything. They said, no. Well, OK. Then they said, we
will accept senior housing. Then we went through that, and they patiently went through that.
Then when it went from low rent housing, it went to the .Vizcatran. They suffered through that.
Now, there will be those who will say that we're paying an excessive amount of money for a
piece of land, but I think - and if I'm in error, I would like for Mr. Fletcher to correct me - I think
those who have been affected feel vindicated by us paying this amount of money for this land to
solve the problem. So although... Every vote we make up here, we make some people happy,
we make some people angry. So this vote today, we hope to make you happy.
(APPLAUSE)
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-429
A RESOLUTION (Pending the Law Department)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
241 June 9, 1994
9jr 19,1 1.5
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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
(APPLAUSE)
COMMENTS MADE DURING ROLL CALL:.
Commissioner Plummer: I'm voting yes, and I have to stipulate for the record that I'm not proud
of the deal, but I'm voting yes for the people of the area. I voted with them all of the time, and
I'll vote with them this time. But I have to be truthful. I don't... I'm not proud of the deal.
Mayor Clark: All right.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Sir, that hearing is over.
Unidentified Speaker: Is the agenda closed? I wanted to get permission to speak.
Mr. Maxwell: Mr. Mayor.
Mayor Clark: What's that?
Vice Mayor Dawkins: The City Attorney is trying to say something.
Mr. Maxwell: Just a point of clarification on that item. I need it to be abundantly clear on the
record, the whole thing is "subject to"...
Mayor Clark: Absolutely.
Mr. Maxwell: ... and should not be consummated until such time as the whole rezoning and
comp. plan change is completed, including...
Mayor Clark: Absolutely. John understands that, too.
Mr. Maxwell: ... including any appeals that may be taken therefrom, and approval by DCA
(District Court of Appeal).
Vice Mayor Dawkins: That's correct, sir.
Mayor Clark: Fine. Please...
'— s 1-5 Iq
June 9, 1994
___j
VIce Mayor Dawkins: The Manager is trying to say something, Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Odio: No. When you're finished, i would like to say something else.
Mayor Clark: I've got a short item here by Mr. Gort. That's all, folks, thank you all for coming
down. God bless you. See you in the movies.
--------------------------------------------------------- ---------------------------------------------- ---------
69. AMEND 94-333 -- AUTHORIZE DONATION OF SURPLUS CITY VEHICLE
TO THE MODEL CITY SUBCOUNCIL.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: If you remember, last time we were here, the Crime Prevention Council of
the City of Miami, the Model City Sub -Council...
Mayor Clark: Yes.
Commissioner Gort: ... requested that we... a car be given to them, in order to help them to
patrol.
Mayor Clark: What do you want? What do you need?
Commissioner Gort: I need a resolution to be read. And we all were in favor of having a car
given to the sub -council, Model City Sub -Council, and there's a resolution we need to pass.
Vice Mayor Dawkins: I second it, whatever it is, but we aren't going to get anything. We aren't
going to get anything. OK?
Mayor Clark: Motion, second, no objection. Cast a unanimous ballot, Willy.
Mr. Joel Maxwell (Assistant City Attorney): For the record, it's amending Resolution Number
94-333 to...
Mayor Clark: Folks, please, let's have your attention. Outside. What is it, Cesar?
Mr. Maxwell: For the record, it's amending Resolution 94-333, to add...
A. Quinn Jones, III (City Attorney): Model City...
Mr. Maxwell: ... Model City...
Commissioner Gort: Model City Sub -Council.
Mayor Clark: All right. He's got it. It passed unanimously.
V
-0 243 June 9, 1994
_J
STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF MIAMI )
i, MATTY HIRAI, City Clerk of the City of Miami, Florida, and keeper of the
records thereof, do hereby certify that the attached and foregoing pages numbered 232 through
243, Inclusive, constitute a true and correct excerpt of the Minutes of the City of Miami
Commission meeting held on the 9th day of June, 1994.
IN WITNESS WHEREOF, I hereunto set my. hand and impress the Official Seal
of the City of Miami, Florida, this 22nd day of August,1994.
MATTY HIRAI
City Clerk
Miami, Florida
(OFFICIAL SEAL)
a /
05- 15
Ir
eT-94-567
6/9/94
RESOLUTION NO. 9 429
A RESOLUTION ACCEPTING VIZCATRAN LIMITED'S
PROPOSAL TO DOWN -ZONE TO R-2 THE PROPERTY
LOCATED AT 168-200 S.W. 32ND ROAD AND 3200-
3202 S.W. 2ND AVENUE AND 1100-1139 S.W. 22ND
TERRACE, MIAMI, FLORIDA; AUTHORIZING PAYMENT
TO VIZCATRAN, LIMITED IN THE AMOUNT OF NINE
HUNDRED AND EIGHTY THOUSAND DOLLARS
($980,000); FURTHER AUTHORIZING PAYMENT OF
CERTAIN COSTS INCURRED IN CONNECTION ITITH A
LAWSUIT PERTAINING TO THE ABOVE MENTIONED
PROPERTY; WAIVING ALL'FEES'ZN CONNECTION WITH
REZONING PROCESS; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL FUND AND CERTAIN OTHER
ACCOUNTS AS SPECIFIED HEREIN, SAID PAYMENT
SUBJECT TO' CERTAIN TERMS AND CONDITIONS
PRECEDENT AS SET FORTH HEREIN.
WHEREAS, Vizoatran, Limited, a Florida Limited Partnership
(Vizoatran) owns certain property located at 168-200 S.W. 32nd
Road and 3200-3202 S.W. 2nd Avenue and 1100-1139 S.W. 22nd
Terrace, Miami, Florida (more particularly described as Tract A,
Vizoatran Garden, as recorded in Plat Book 129, Page 89, Public
Records of Dade County Florida) herein after referred to as "the
Property"; and
WHEREAS, the Property is presently zoned R-4 high density,
multiple family residential and in aooa�:aanoe therewith Vizcatran
has undertaken plans to construct a,,,.high rise multi -family
CIT'r CONASle
KEETUTC OF
J U N 0 9 1994
Se"Ution No.
5 - ' 15
residential building which site plans therefor have been approved
by the City; and
WHEREAS, on September 27, 1993, the City Commission adopted
Motion 93-604 instructing the City Manager to undertake a zoning
study (the "Study") of the Property in order to determine the
feasibility of clown -zoning the Property; and
WHEREAS, the Study undertaken concluded that, based upon
changed conditions, the Property should be rezoned from R-4 high
density, multiple family residential to R-2, two-family
residential, and that the corresponding change be made to the
Miami Comprehensive Neighborhood Plan 1989-2000 by changing the
land use on the Future Land Use Plan from high density,
multi -family to duplex; and
WHEREAS, on November 10, 1993, the Planning Advisory Board
(PAB) unanimously approved the findings of the Study (by
Resolution PAB-39-93),• the land use amendment (by Resolution
PAB-40-93) and the rezoning of the Property (by Resolution
i
PAB 41-93); and
WHEREAS; on December 16, 1993, the City Commission by
Resolution 93-809 rejected the Study; and
WHEREAS, a lawsuit is presently pending in the Circuit Court
i
of the Eleventh Judicial Circuit in and for Dade County, Florida,
Appellate Division, Case No. 94-16AP (the "Lawsuit"), wherein a
number of residents of the neighborhood wherein the Property is
located (the "Neighbors"), as appellants, are contesting the City
Commission's action pursuant to Resolution No. 93-809; and
94
a
WHEREAS, the Charter of the City of Miami authorizes the
City to do all things necessary or expedient for promoting .or
maintaining the general welfare, •comfort, peace, and health of
the City or its inhabitants; and
WHEREAS, the City Commission has determined that the above
referenced interests will be served and promoted by down -zoning
the Property as recommended by the Study;
NOW, THEREFORE, BE IT RESOLVED BY•THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by ref erenoed
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Commission hereby authorizes the
City Manager, subjeot to the conditions specified in Section 4
hereof, to pay Vizcatran $980,000 in exchange for Vizcatran
downzoning of the Property to 01981" levels. The amounts set
forth herein shall be paid in the manner provided as follows:`/
a.• Approximately three hundred thousand, five hundred
seventy --five dollars ($300,575) shall be paid to
Vizoatran from the Vizcatran, Limited escrow
account established pursuant to a certain
agreement dated dune 15, 1988, between Swire
Pacific Holdings, Inc., Vizcatran, Limited, the
All amounts set forth herein are approximations and are
subject to recalculation at the time of disbursement.
City of Miami and Ocean Bank, as amended (the
Escrow).
b. Five hundred eighty-one thousand, four hundred
twenty-five dollars ($581,425) from the General
~ Fund shall be paid to Vizcatran as follows:"
(i) An amount of $280,000 to be payable 'upon the
completion of the downzoning of the Property.
(ii) An amount of $301;425 to be payable over the
next three years on the anniversary date of
the adoption of this Resolution, with no
interest payable thereon, as follows:
June 9, 1995 $100,000
June 9, 1996 $100,000
June 9, 1997 $101,425
c. City will cancel an indebtedness in the amount of
fifty thousand dollars ($50,000) owed by Vizcatran
in connection with the Escrow.
d. City shall refund Vizcatran the sum of forty eight
thousand dollars ($48,000) for permit fees.
Section 3. The City Commission further authorizes the
I
City Manager, subject to the oonditions specified in Section
i
hereof, to pay the Neighbors an amount not to exceed one half of
1 the legal costs incurred by the Neighbors in connection with the
Lawsuit.
Section 4. The City Commission hereby resolves that the
authorization given to the City Manager to disburse the above
specified funds is expressly contingent upon:
71.5
W-J
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a. �Vizcatr1an completing, or causing to. be. completed,
all actions necessary to accomplish a down -zoning
of the Property from R-4 high density, multiple
family residential to R-2, two-family residential
and the corresponding change to tl4e`, Miami
Comprehensive Neighborhood Plan 1989-2000 by
changing the land use on the Future Land Use Plan
from high density, multi -family to duplex,, and the:
4'se-opening of the street located on or about S.V.
22nd Terrace,
b. The ' Neighbors dismissing the Lawsuit with
prejudice.
C. Vizcatran reimbursing the Neighbors in an amount
equal to one-half of all of legal costs incurred
In connection with the Lawsuit.
Section 5. The City Commission hereby authorizes the
City Manager to waive all fees in connection with the rezoning
prpcess.
Seotion•6.• This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this i2#h day of Junn , 1994.
ff S PHEN P. CLA MAYOR
ATTE�ST20
kATTk HxRAI
CITY CLERK 'J
05- 715
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Quift 'To)(;9, 'III
CITY ATTOPPY
JOB:osk:kd:H4436
5 - 715
STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF MIAMI )
I, MATTY HIRAI, City Clerk of the City of Miami, Florida, and keeper of the
records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 6,
inclusive, constitute a true and correct copy of a Resolution passed and adopted by the City
Commission at the meeting held on the 9th day of June, 1994.
SAID RESOLUTION WAS DESIGNATED AS RESOLUTION NO. 94-429.
IN WITNESS WHEREOF, I hereunto set my hand and impress the Official' Seal
of the City of Miami, Florida this 22nd day of August, 1994.
MATZY HIRAI
City Clerk
Miami, Florida
(OFFICIAL SEAL)
k
i^ 7�r�.�
ky � s _15
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Walter J. Foeman DATE October 26, 1995 FILE A#95-849
City Clerk
SUBJECT : Correction of typographical error
on page 4 of Resolution #95-715
�41P approved at City Commission
FRO el E. Maxwell REFERENCES: meeting of September 28, 1995
eputy City Attorney
ENCLOSURES:
The attached corrects a typographical error on the very first line of page 4 on
Resolution No. 95-715. This correction involves the addition of a missing zero. The
figure should read 1280,000". The error showed the amount as 1280,00". Please
substitute this page for the erroneous one.
Attachment
cc: A. Quinn Jones, III (w/attachment)
City Attorney
Beverly Solomon (w/attachment)
Legislative Coordinator
Carol Kelsey (w/attachment)
Administrative Assistant
Legislation
MISM052.DOC
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95_ 715
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