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HomeMy WebLinkAboutCC 1994-01-27 MinutesCITY OF MIAMI ....... : ill 1 r: .d 1l i►: OF MEETING HEED ON JANUARY 27, 1994 PLANNING AND ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTX HIRAI City Clerk INDEX MINUTES OF REGULAR MEETING January 27, 1994 ITEM SUBJECT NO. LEGISLATION PAGE NO. 1. PRESENTATIONS, PROCIAAMATIONS AND DISCUSSION SPECIAL ITEMS. 1/27/94 2. (A) CMERM BY MAYOR STEPHEN P. CLARK CONCERNING THE EXPEDITING OF CITY COMMISSION MEETINGS. (B) DISCUSSION CONCERNING PROPOSED RESOLUTION TO AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) -- CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE - RELATED USES ON APPROX. 4.3 ACRES OF CITY -OWNED WATERFRONT PROPERTY (AT 3501 RICKENBACKER CAUSEWAY). (See labels 3 & 9). 3. (Continued discussion) AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) -- CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON APPROX. 4.3 ACRES OF CITY -OWNED WATERFRONT PROPERTY (AT 3501 RICKENBACKER CAUSEWAY) -- INCLUDE AMENDMENTS REGARDING COVERAGE OF BOAT RACK STRUCTURES; MINIMUM GUARANTEE UNDER THE RFP BUYOUT PROVISION; COST OF SAID BUYOUT; PERCENTAGES FOR FOOD, RETAIL, BROKERAGE AND BOAT RACK OPERATION; PENALTY FOR FAILURE TO MAKE IMPROVEMENTS TO SAID PROPERTY; INCLUSION OF BOAT RAMP AT THE SITE THAT IS TO BE LEASED TO THE SUCCESSFUL PROPOSER; MINIMUM YEARS OF EXPERIENCE REQUIREMENT IN A SIMILAR OPERATION, AND POLICE BACKGROUND CHECK REQUIREMENT. (See labels 2B & 9). DISCUSSION 1/27/94 R 94-46 1/27/94 2 2-4 4-38 4. CODESIGNATE N.W. 14 STREET (FROM N.W. R 94-47 22 AVENUE TO N.W. 27 AVENUE) AS: 1/27/94 "JOSEPH CARDINAL MINDSZENI'Y STREET." 5. AUTHORIZE CITY MANAGER TO EXECUTE R 94-48 AGREEMENT WITH J.M. SERVICES, INC. -- 1/27/94 TO OPERATE / MANAGE THE BAYFRONT PARK CRAFTS FESTIVAL TO BE HELD IN MILDRED AND CLAUDE PEPPER BAYFRONT PARK -- FOR FOUR-YEAR PERIOD COMMING JANUARY, 1994, FOR A FEE OF NOT LESS THAN $8,000 PER MONTH. 39-40 41-44 6. WAIVE RENTAL FEES FOR USE OF EXHIBITION R 94-49 44-47 HALL IN COCONUT GROVE EXHIBITION 1/27/94 CENTER -- FOR THE INTERNATIONAL AMBASSADOR'S FOREIGN EMBASSY TOUR 95 (JANUARY 23-25, 1995), WITH PROVISOS. 7. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION 47-48 PROPOSED RESOLUTION TO APPOINT 1/27/94 INDIVIDUALS TO SERVE ON THE TAX-EXEMPT PROPERTY STEERING COMMITTEE. S. DISCUSSION CONCERNING REPORT FROM CITY DISCUSSION 49-55 MANAGER REGARDING THE SOUTHEAST 1/27/94 OVERTOWN / PARK WEST BOND RATING -- DIRECT ADMINISTRATION TO GIVE THE COMMISSION AN UPDATE ON THE OMNI TAX INCRIIETT DISTRICT. ( See label 11) 9. (Continued) DISCUSSION CONCERNING DISCUSSION 55-56 PROPOSED RESOLUTION TO AUTHORIZE 1/27/94 ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) -- CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON APPROX. 4.3 ACRES OF CITY -OWNED WATERFRONT PROPERTY (AT 3501 RIaMiBACEDR CAUSEWAY). (See labels 2B & 3). 10. ALLOCATE $50,000 FOR MIAMI FILM R 94-50 56-57 FESTIVAL, SUBJECT TO: (a) FREE TICKET'S 1/27/94 BEING ISSUED TO INNER CITY CHILDREN, AND (b) NO MONEY TO BE USED FOR FOOD OR BEVERAGES. 11. (Continued discussion) CLARIFICATION DISCUSSION 58 COMMM CONCERNING REPORT FROM CITY 1/27/94 MANGER REGARDING SOUI73EAST OVERTOWN / PARK WEST BOND RATING. (See label 8.) 12. CHANGE START TIME OF CITY COMMISSION R 94-51 MEETING PRESENTLY SCHEDULED FOR 1/27/94 FEBRUARY 24, 1994. 13. DISCUSS AND CONTINUE (TO FEBRUARY 24, DISCUSSION 1994) CONSIDERATION OF PROPOSED 1/27/94 RESOLUTION TO APPEAL ZONING BOARD'S REVERSAL OF ZONING ADMINISTRATOR'S DECISION WHICH REVOKED CERTAIN BUILDING PERMITS RESULTING FROM FAILURE OF APPLICANT TO MEET PREVIOUSLY IMPOSED CONDITIONS IN CONNECTION WITH PROPOSED CHINATOWN PROJECT (1825 N. Biscayne Blvd. / 320 N.E. 19 Street). (Applicant: Isaac Shih for Miami Chinese Community Center. Appellant: Dade Heritage Trust, Inc.) 14. GRANT SPECIAL EXCEPTION TO ALU)W R 94-52 CONVERSION OF RESIDENTIAL STRUCTURES TO 1/27/94 AN ADULT CONGREGATE LIVING FACILITY (ACLF) AT 2100-2110 N.W. 28 STREET, SUBJECT TO CONDITIONS. (Applicant: Catalina B. Calderon.) 15. OFFICIALLY CLOSE / VACATE / ABANDON / R 94-53 DISCONTINUE PUBLIC USE OF THAT PORTION 1/27/94 OF N.W. 4 COURT FROM N.W. 10 STREET TO N.W. 11 STREET -- FOR APPROVAL OF TENTATIVE PLAT NO. 1423-A "JEFFERSON REEVES HEALTH CENTER SUBDIVISION" AT 1009 N.W. 5 AVENUE. (Applicant: City of Miami.) 16. FIRST READING ORDINANCE: AMEND FUTURE ORDINANCE LAND USE MAP OF ORDINANCE 10544 FIRST READING (MCNp) -- CHANGE LAND USE DESIGNATION 1/27/94 AT 3710-3712 S.W. 26 TERRACE FROM RESIDENTIAL DUPLEX TO RESTRICTED COMMERCIAL. (Applicants: M. & A.W. Liggio and L.G. Hoyos.) 17. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS -- CHANGE DESIGNATION AT 3710- FIRST READING 3712 S.W. 26 TERRACE FROM R-2 TWO 1/27/94 FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: M. & A.W. Liggio and L.G. Hoyos.) 58-60 61-62 62-66 66-69 69-73 74-75 18. DENY PROPOSED FIRST READING ORDINANCE M 94-54 75-85 TO AN= FUIURE LAND USE MAP OF 1/27/94 ORDINANCE 10544 (MCNP) AT 2037 SECOFFEE STREET FROM SINGLE FAMILY RESIDENTIAL TO OFFICE. (Applicant: Thomas L. & Bernice Tatham for Tat Co.) 19. URGE OFF-STREET PARKING DEPARTMENT AND R 94-55 86-87 METROPOLITAN DADE COUNTY TO CREATE 1/27/94 PARKING UNDER MEETRORAIL. 20. DENY PROPOSED FIRST READING ORDINANCE M 94-56 87-88 TO AMEND 11000 ZONING ATLAS AT 2037 1/27/94 SECOFFEE STREET FROM R-1 SINGLE FAMILY RESIDENTIAL AND SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT TO R-1 SINGLE FAMILY RESIDENTIAL WITH NO SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT FOR SOUTH 149.68 FEET, AMID FROM R-1 SINGLE FAMILY RESIDENTIAL TO OFFICE WITH NO SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT FOR NORTH 149.68 FEET. (Applicant: Thomas L. & Bernice Tatham for Tat Co.) 21 FIRST READING ORDINANCE: AMEND 10544 ORDINANCE 88-93 (MCNP) FUTURE LAND USE MAP -- CHANGE FIRST READING; LAND USE DESIGNATION AT 1103 & 1135 1/27/94 S.W. 34 AVENUE, 3300, 3314 & 3338 S.W. 11 STREET AND 1112 & 1120 S.W. 33 AVENUE FROM RESIDENTIAL DUPLEX TO MAJOR PUBLIC FACILITIES (Applicant: Woodlawn Park Cemetery Co. Fla. Corp.) (See label 24) 22. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 93-94 ATLAS -- CHANGE DESIGNATION AT 1103 & FIRST READING 1135 S.W. 34 AVENUE, 3300, 3314 & 3338 1/27/94 S.W. 11 STREET AND 1112 & 1120 S.W. 33 AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL. (Applicant: Woodlawn Park Cemetery Co. Fla. Corp.) (See label 24) 23. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 94-95 TEXT TO AMEND THE HEIGHT OF R-4 11116 MULTIPLE FAMILY RESIDENTIAL BUILDINGS 1/27/94 ABUTTING A RIGHT-OF-WAY OF 100 FEET OR MORE IN WIDTH. (Applicant: Planning, Building & Zoning Dept.) ! 24. (Continued) CLARIFYING C0MM]9M CONCERNING FIRST READING ORDINANCES AMENDING 10544 AND 11000 BY CHANGING DESIGNATION AT 1103 & 1135 S.W. 34 AVENUE, 3300, 3314 & 3338 S.W. 11 STREET AND 1112 & 1120 S.W. 33 AVENUE. (Applicant: Woodlawn Park Cemetery Co. Fla. Corp.) (See labels 21 & 22) 25. SECOND READING ORDINANCE: AMEND 11000, ARTICLE 6, SECTION 6 (SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS) -- TO MZDW GOVERNMENTAL, PUBLIC UTILITY, AND PRIMARY AND SECONDARY SCHOOL USES AS PERMITTID PRINCIPAL USES AND TO EXEMPT GOVERNMENTAL USES FROM CERTAIN PEDESTRIAN PATHWAY AND URBAN PLAZA REQUIREMENTS. (Applicant: Planning, Building & Zoning Dept.) 26. FIRST READING ORDINANCE: AMEND 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- TO ALLOW: (1) A CELLULAR GOMMUNICATIONS SITE AS A CONDITIONAL ACCESSORY USE IN R-3, R-4, 0 AND CBD DISTRICTS; (2) A CMUJLAR COMMUNICATIONS SITE WITH MISC.".EITANEOUS ANTENNAS AS A CONDITIONAL PRINCIPAL USE IN C-1, C-2, I, SD-4, SD-5, SD-6, SD- 6.1, SD-7, SD-16, SD-16.1 AND SD-16.2 DISTRICTS; (3) TRANSMISSION TOWERS AS A CONDITIONAL PRINCIPAL USE ONLY BY SPECIAL EXCEPTION IN 0, C-1, SD-4, SD- 5, SD-6, SD-6.1, SD-7, SD-16, SD-16.1 AND SD-16.2 DISTRICTS; AND (4) TRANSMISSION TOWERS OF LESS THAN 150 FEET IN HEIGHT AS PERMITTED PRINCIPAL USES IN C-2 AND I DISTRICTS -- PROVIDE DEFINITIONS FOR CELLULAR COMMUNICATIONS SITE, MISCELLANEOUS ANTENNAS AND TRANSMISSION TOIWERS. DISCUSSION 1/27/94 ORDINANCE 11117 1/27/94 ORDINANCE FIRST READING 1/27/94 M. 96-97 MINUPES OF REGULAR MEETING OF THE CITY COMISSION OF MIAMI, FLORIDA On the 27th day of January, 1994, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:01 a.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Mayor Stephen P. Clark ALSO PRESENT: Sergio Rodriguez, Assistant City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Vice Mayor Miller J. Dawkins Cesar Odio, City Manager An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. 1 January 27, 1994 ------------------------------ ---------- -------------------------------------- 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) Proclamation: Mike Karaty -- for his concern toward the needs of the Miami Roads neighborhood. ------------------------------------------------------------------------------ 2.(A) COMMENTS BY MAYOR STEPHEN P. CLARK CONCERNING THE EXPEDITING OF CITY Cu1MISSION MEETINGS. (B) DISCUSSION CONCERNING PROPOSED RESOLUTION TO AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVEMPMENT PROJECT (UDP) -- CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON APPROX. 4.3 ACRES OF CITY -OWNED WATERFRONT PROPERTY (AT 3501 RICKS MCKER CAUSEWAY). (See labels 3 & 9). Mayor Clark: Mr. Rodriguez, this afternoon... Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir. Mayor Clark: ... when we meet on the Zoning agenda, I would like to have it like this. Let the petitioner, whether it be you or whether it be someone of the public, or the appellant go first for the time it takes, and keep a measure on that time. Let the opposition have the same amount of time. When they're finished, we go back to the appellant or the petitioner for two minutes of rebuttal, and that's the meeting right there. Mr. Rodriguez: Very good. Mayor Clark: No sense in carrying this on. If you do that, it will be very swift and also very alert. Commissioner Gort: Mr. Mayor, would staff be able to give us a reconmendation? Mayor Clark: Oh, sure. Commissioner Plummer: Mr. Mayor, my only question is, as occurs on many occasion, is on the opposition - normally not on the appellate side - but on the opposition, where you have ten speakers. Mayor Clark: We might give them a little more time. Commissioner Plummer: OK. I think that that's where you would - only problem that you would run into. Mayor Clark: I'm going to tell them, please, if they have a spokesperson, please use that spokesperson, please not be redundant, repetitive, because 2 January 27, 1994 this Commission knows all about the item, to start with. We've researched it. In fact, if you don't believe it, I saw it last night on television, too. It was great. All the agenda. Did you watch that? But it makes it very expeditious. You don't have to be here for people to argue. Then when the plaintiff or the petitioners finish, they have time, and when they have the time, that's their time and that is rebuttal time, and there's not that bickering back and forth. It'll stop the meeting. That's the way you should run a meeting. I've done that for a long time, and was very successful. Commissioner Plummer: Mr. Mayor, one of the things that you were most emphatic about when I saw you on cable at the County, and I think what we need to do, is emphatically close the public hearing, and from that point on... Mayor Clark: No more. Commissioner Plummer: ... nobody but a Commissioner has the right to discuss the matter. Mayor Clark: Then discussion's left up to the Commission. When they're finished, then we come to a vote. Perfect. Commissioner Plummer: May I ask, have we done anything on the RFP (Request for Proposals) for Virginia Key? Mr. Rodriguez: In what sense? Commissioner Plummer: Do we have the RFP? Mr. Rodriguez: Yes, we do. It's the first item. Commissioner Plummer: OK. Thank you. Mayor Clark: All right. This Commission meeting is adjourned until 4:00 o'clock this afternoon. Commissioner Plummer: Mr. Mayor, do we really want to come back at 4:00? I understand that one of the most controversial items is going to be withdrawn, and that's China City. I mean, 4 o'clock is fine with me, but do we really need to come back at 4:00? Mayor Clark: Well, they said the zoning hearing must start at 4:00. There's something else that I would like to see changed in the law, because I don't know whether - we never used to do it before and I don't think you did either - start at 4:30 and the zoning hearing... Commissioner Plummer: There was a law that said 5:05. A. Quinn Jones, III, Esq. (City Attorney): Yeah, there are many items by j statute that can't be heard before 5:00. i Commissioner Plummer: Yeah, there's a rule. Mayor Clark: I thought that the only statute that pertained to was the budget. j 3 January 27, 1994 Mr. Jones: No. There's certain land use... Mr. Rodriguez: My understanding is that any items that affect more than five percent of the geographic area of the City would have to be heard after 5:00 o'clock. Mayor Clark: I understand that. That passed in 189, and we've never used that in the County, so I thought that we wouldn't have to use it also. Commissioner Plummer: No, no. Mayor Clark: All right. That being the case, we will be at recess for a couple of days or a couple of hours. See you all at 4 o'clock. Commissioner Plummer: All right. So we're coming back at 4:00? Mayor Clark: 4 o'clock. Commissioner Plummer: OK. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 9:08 A.M. AND RECONVENED AT 4:07 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. ---------------------------------------------------------- NOTE FOR THE RECORD: Item 5 was withdrawn. .......................................................... ------------------------------------------------------------------------------ 3. (Continued discussion) AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) -- CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON APPROX. 4.3 ACRES OF CITY -OWNED WATERFRONT PROPERTY (AT 3501 RICKENB UM CAUSEWAY) -- INCLUDE ANIEbIDMENTS REGARDING COVERAGE OF BOAT RACK STRUCTURES; MINIMUM GUARANTEE UNDER THE RFP BUYOUT PROVISION; COST OF SAID BUYOUT; PERCENTAGES FOR FOOD, RETAIL, BROKERAGE AND BOAT RACK OPERATION; PENALTY FOR FAILURE TO MAKE IMPROVEMENTS TO SAID PROPERTY; INCLUSION OF BOAT RAMP AT THE SITE THAT IS TO BE LEASED TO THE SUCCESSFUL PROPOSER; MINIMUM YEARS OF EXPERIENCE REQUIREMENT IN A SIMILAR OPERATION, AND POLICE BACKGROUND CHECK REQUIREMENT. (See labels 2B & 9). ------------------------------------------------------------------------------ Mayor Clark: This is a continuation of a meeting that we had this morning at 9 o'clock, and we postponed it until this afternoon. We carried it over because that's the law. So we have the number one item. It's a resolution authorizing the issuance of an RFP (Request for Proposals) for Virginia Key property on the City Commission agenda today. Mr. Manager, will you please give us your recommendation? Mr. Cesar Odio (City Manager): I would recommend that we do go out for the RFP, and that there are some amendments we may have to make. I think we - for 4 January 27, 1994 instance, the ramp, the boat ramp was left out. But however, if we do not get three... Mr. Jack Luft: Qualified bids. Mr. Odio: ... qualified bids, and I - qualified. Mayor Clark: Excuse me, Mr. Manager. Item 5 on today's agenda, are there persons here on item 5? Item 5 has been withdrawn from today's agenda, if you're present, so just take that to note, if you have to leave. Commissioner Plummer: That's regular 5, Mr. Mayor? Mayor Clark: Yeah. Commissioner Plummer: There were people here earlier, Mr. Manager. That's why I brought it to the Mayor's attention. Mayor Clark: On the zoning agenda, right? Commissioner Plummer: No, on the regular agenda. Mr. Odio: On the regular. So if we do get the - may I, Mr. Mayor? Mayor Clark: It's been withdrawn. All right, Mr. Luft. Mr. Odio: OK. If we do get the three qualified bidders, then we award to the best one of than. If not... Mayor Clark: Best responsive bidder. Mr. Odio: Best responsive bidder. If not, we would retain the rights of the City to run the boatyard. Commissioner Plummer: Let me - Mr. Mayor, are we open for discussion? Mayor Clark: Yes, sir. Commissioner Plummer: Mr. Manager, I have your projections which you did, which came to me on the 26th. We're showing - let me understand this, if I may. In the first year, you show a profit of $268,000; is that correct? Estimated, of course. Now, the five years you show, is that a five-year combined total or the fifth year? Mr. Luft: No, no, that's in the fifth year. Commissioner Plummer: Of $517,000 profit. OK? Can I ask who did these numbers? Mr. Luft: We did. Commissioner Plummer: Who is "we"? Mr. Luft: Myself and Mr. ... 5 January 27, 1994 Commissioner Plummer: Somebody that knows boating? Mr. Luft: Yes. Commissioner Plummer: What? Mr. Luft: Myself, Mr. Donmez, we used construction cost estimates from qualifier) contractors who have submitted proposals for racks, for resurfacing, for seawall improvements, for fuel storage improvements. We have those on file if you'd wish to see them. We've used estimates from the Merrill Stevens Boatyard, you know, for seawalls, and surfacing, and drainage improvements which are applicable. We've used existing rates from the accounting provided us, certified accounts from the boatyard itself on numbers of racks, lineal square footage - lineal footage cost on a monthly basis, fuel rates, everything is documented, either existing figures or fran known contractual estimates. Commissioner Plummer: All right. Mr. Manager. Mr. Odio: Yes, sir. Commissioner Plummer: Assuming that these numbers are somewhere in a ball park, in an RFP, why would the City choose to go out and accept less in a minimum annual guarantee, if your projections show less - more than a half a million dollars in the fifth year? Mr. Odio: Well, I feel that when we did this, the RFP had been printed and we should change - you have the right to do so today - the minimum to $270,000. Commissioner Plummer: Well, excuse me. That's for the first year. Now, the fifth year, you're showing after amortized costs, I'm assuming, $517,000. Why would you have less in a minimal annual guarantee for the RFP? I don't understand. Mr. Luft: Let me answer that. The - what we're looking at here in minimum guarantees is based upon a fair market appraisal, which by Code, we're required to do. That market appraisal is based upon the return from boat rack storage, the boatyard operations only. This RFP... Commissioner Plummer: Whoa, whoa, whoa. Wait a minute. Mr. Luft: Now, hold on. Commissioner Plummer: Who told you to do that? Mr. Luft: No. Let me explain. Commissioner Plummer: Please. Mr. Luft: The RFP only requires that a bidder provide boat storage, boat rack and boat servicing facilities. 6 January 27, 1994 Commissioner Plummer. That's not what the Charter Amendment says. Mr. City Attorney, am I correct? It is a fair return value for the parcel that is being used. Mr. Luft: That's right. Based upon... Commissioner Plummer: Not just the racks. Mr. Luft: No, no. Commissioner Plummer: How many square feet and the value of the property, all of that - look, I get back... Mr. Luft: If I may - if I may finish, sir, please. Commissioner Plummer: Sure. Mayor Clark: Please, now, one at a time, please. Commissioner Plummer: OK. Go ahead. Mr. Luft: OK. Ancillary to that, and optional for the proposers are such things as recreational services, a wind surfer, a jet ski. Commissioner Plummer: Fine. Mr. Luft: We don't know, based upon this appraisal, that those will be there. We hope they will be, we suppose they will be, but for appraisal purposes, we can only appraise it based upon the projected income of a boatyard operation. That sets a floor for the value. When we set a minimum return, it's based on that boatyard operation, which is the required use to be proposed for this site. We allow and we encourage other commercial services to be provided, which, of course, will increase the revenues and therefore, the values. And when we evaluate proposals based upon those other services that may be proposed, and we hope they do, we can project a value based upon the accumulated revenues, and the minimum value based on that. But for appraisal purposes, it was based upon a boatyard. Commissioner Plummer: What did you use for your evaluation to cane up with the $517,000? Mr. Luft: The $517,000 was based upon the boat racks that we have permits to build, 294 racks... Commissioner Plummer: Right. Mr. Luft: ...with an escalation factor fran $8 a lineal foot in year one to nine in year two, and ten in year three, assuming they're covered racks and new ones, with escalating fuel sales, $50,000 guaranteed from the restaurant which is existing today, which we could assume we would allow to continue. Commissioner Plummer: I still ask the question, Mr. Luft. Mr. Luft: Yes. 7 January 27, 1994 Commissioner Plummer: What is different between if that was to be operated by the City, or a private individual? I don't see any difference. They have the same right to do anything that the City would propose to do. Now, I'm in favor of what the Manager has said... Mr. Luft: Right. Commissioner Plummer: ... to go out with an RFP. But I think if, in fact, you are anywhere in the ball park with your numbers, I think that we should use some criteria that says that in the first year - and I'll round it off - that the first year should be $270,000 minimum guarantee, and in the fifth year and thereafter, $500,000 guarantee. Why would we give it to somebody else to do for less than what we have? Mr. Luft: Because part of the consideration in the City doing a boatyard is that we could do it more profitably, with lower interest rates on our loans, we're not paying investors for a profit margin, we're not paying... Commissioner Plummer: Why are you giving money away? Mr. Luft: Well, this is the debate about whether the City should run the boatyard or private sector. Commissioner Plummer: No, sir. No, no, I'm sorry, it is not. That is not the case. Mr. Odio: J.L., may I help, maybe? Commissioner Plummer: Please. Mr. Odio: We're talking about the minimum. Commissioner Plummer: Excuse me. Do the meta ers of the Commission have this sheet? Mr. Odio: Yes, yes. Commissioner Plummer: Do you have this, Victor? Mr. Odio: Yes. Commissioner Plummer: Well, then, how... Mr. Odio: Let me see if I can clarify this. This is a... Commissioner Plummer: Excuse me, Mr. Manager. Would everybody please be given a copy. I don't know why it came to me only. Unidentified Speaker: Because you have the largest mouth. Commissioner Plummer: The largest mouth? You ain't heard nothing yet. Mr. Odio: They were given out to your offices. They were given out to your offices. 8 January 27, 1994 Commissioner Plummer: OK. All I'm saying is... Mr. Odio: May I, please, Commissioner? Commissioner Plummer: Surely, please. Mr. Odio: We're saying that the minimum payment is 270. That doesn't mean - that because of the percentage we have built in here that we may get $700,000. Commissioner Plummer: I fully understand that. Mr. Odio: In other words, under the worst circumstances, no matter what happens, if the boatyard is empty or whatever happens to that particular property, we get $270,000. Commissioner Plummer: What do get in the fifth year? Mr. Odio: 270. Mr. Luft: There's a... Commissioner Plummer: Why would you accept... Mayor Clark: Please, please, now. Just a moment. Commissioner Plummer: OK. Mayor Clark: The $270 is a minimum guarantee; is that right? Commissioner Plummer: In the first year. Mr. Odio: Yes, yes. Mayor Clark: If they exceed that the first year, perfect. They're going to have to pay more. Commissioner Plummer: OK. Mr. Odio: Exactly. Mayor Clark: It's up. Commissioner Plummer: Mr. Mayor, that's not my problem. Mayor Clark: Yes. Commissioner Plummer: My problem is in the fifth year, that the City, in their conservative numbers, show a minimal return of $517,000. Mr. Odio: That means we will get the same from... Commissioner Plummer: May I finish? 9 January 27, 1994 Mr. Odio: I'm sorry. Commissioner Plummer: Why would the City accept less annual minimum guarantee than $500,000? It doesn't make any sense. Mr. Odio: Well, let me provide some... Commissioner Plummer: Now, sure, we can, in the fifth year, we can get $700,000, $800,000. We hope that they do well. We do more. Mr. Odio: Let me offer this. Commissioner Plummer: But, damn it, don't give the City away. Mr. Odio: Let me offer this. Commissioner Plummer: OK. Mr. Odio: When we sit down after we go out with this, and we can negotiate 1 into the contract - Quinn, you can correct me if I'm wrong - the time that you choose the best company, then we can negotiate increases in the annual - in the minimum payments. Commissioner Plummer: Mr. Manager, excuse me. Did we not learn anything from Merrill Stevens? It was an absolute disas - why are you hesitant to... Mr. Odio: You know, let me tell you why. Can I tell you why? We had a j minimum of $350,000 in Merrill Stevens. Commissioner Plummer: No, sir, you did not. You had $412,000. Mr. Odio: I remember 350. Commissioner Plummer: You remember wrong. Mr. Odio: Well, fine. That's even worse then. Commissioner Plummer: That's true. Mr. Odio: We scared people away. We scared people away from bidding because they were scared of that minimum payment. Mayor Clark: That's the reason you only had one bidder. Commissioner Plummer: That is absolutely not true. Mr. Manager, let me recall to your memory that Bob Traurig stood before that microphone and agreed to pay $400,000 up front, and your people decided not to do that after the Commission decided to do it, and take $37,000 a month, and this City lost $400,000 because of it. Mr. Odio: Do you remember who Mr. Traurig was representing? Commissioner Plummer: Yes, sir, I surely do. 10 January 27, 1994 Mr. Odio: Mr. Whitmore. Commissioner Plummer: I very definitely do. Mr. Odio: And we recommended against it. Commissioner Plummer: And it was Mr. Bailey who decided, and contrary to this Commission, who got Mr. Traurig to agree to put up $400,000 before he got the key, to put it to $37,000 a month, and this City didn't get a damn dime. We lost $400,000. Look, Mr. Mayor, I'm going to make my point. I have been in concurrence to go out, if the public wants to bid on this, but I cannot vote in good conscience, when they tell me, and I'm assuming they know what they're talking about, that in the first year, $268,000, I accept 270 for a minimum guarantee. But when they tell me in the fifth year that the minimum is - their return is 517, I think the minimum annual guarantee to this City should be no less than $500,000, and from the fifth year on. If not, let's run it and we'll make the money, and why give it to somebody else? Look, that's my point. Mayor Clark: I think, J.L., the minimum... Commissioner Plummer: I have other questions to ask. Mayor Clark: OK. The minimum guarantee, if someone who is the successful or responsive bidder can't make it that year, it gives them a chance to work up to it. I think it's very fair. I have amendments also to this RFP going out. But you have voiced your opinion. Let me make this observation now. Commissioner Plummer: I have others, Mr. Mayor. Mayor Clark: Sir? Commissioner Plummer: I have others. I'll wait for you. I'm in no hurry. You understand what I'm saying? Mayor Clark: Amendments to the RFP that we have on line at the present time. Commissioner Plummer: All right, let me hear the Mayor. Go ahead. Mayor Clark: Please. The boat rack structures required that, must be covered racks, will allow the operator to charge more for docking service. No open racks will be allowed. Commissioner Plummer: No what? Mayor Clark: No open racks. Commissioner Plummer: Oh, OK. Mr. Luft: Mr. Mayor, on that... Mayor Clark: The minimum guarantee on the RFP should be at least 250 to 270 per year. Our calculations say we could make 290 the first year, if we operate the facility itself, but 250 to 270 would be reasonable to start off 11 January 27, 1994 with. The RFP must have a provision which would allow the City to reserve the right to buy out the lease upon 60 days notice, in case the City would like to develop the property for another use along the Marine Stadium property. The cost of the buyout should be the cost of the improvements and the average annual profit amount up to that point in the lease. The percentage rent for the food operation should be - is the food operation included in this, Mr. Luft? Mr. Luft: This would allow a food operation to be placed there, yes. Mayor Clark: Yeah. The percentage of the food operation should be increased fran seven to nine percent, and the percentage on the retail operation should be increased from ten to 12 percent. There should be a penalty if the successful proposer, if they do not make the improvements to the property within 18 months, as required in the RFP. The boat ramp at the site should be included in the property that is leased to the successful proposer so that proposer may be able to move the rest of the site to the water, instead of the parking lot, where it is currently, which would allow more boat storage to take place. Now, Mr. Plummer, you are recognized again. Commissioner Plummer: Mr. Mayor, may I inquire on your comments, first? When you say the food return, I'm assuming food and beverage? Mayor Clark: Whatever is sold there at the restaurant, yes, sir. Commissioner Plummer: And you're speaking of seven to nine percent return? Mr. Luft: Increase. Mayor Clark: Yeah, increase. Commissioner Plummer: Increase over what? Mr. Luft: From seven to nine. Mayor Clark: From seven to nine. It's seven now; right, Mr. Luft? Mr. Luft: That's correct. Commissioner Plummer: On food and beverage, Mr. Mayor? Mayor Clark: Yes. Commissioner Plummer: Because beverage, you get a much greater return than ten percent. Mayor Clark: Well, we're building this not for a restaurant. Commissioner Plummer: No, I understand, but I'm just saying the return - see, Mr. Mayor, the reason I'm bringing it out, the Chart House over here is not our sublease. We are a sub of a sub. Chart House belongs to Spencer Meredith. We get a percentage of the percentage he gets. Now, are you saying we're going to get a direct percentage on food and beverage, or is it going to go to the awarded RFP... 12 January 27, 1994 Mr. Odio: Direct. Commissioner Plummer: ... he gets a percentage, and we get a percentage... Mayor Clark: Direct, direct to the City. Mr. Odio: Direct. Commissioner Plummer: The restaurant would be a direct percentage to the City? Mr. Luft: Correct. Mr. Odio: Nine percent. Commissioner Plummer: Of the restaurant's gross? Mr. Odio: Yes. Mr. Luft: Yes. Commissioner Plummer: OK. I have a problem with that. I think seven to nine percent is extremely low, when you include beverage. Mr. Luft: Commissioner. Commissioner Plummer: Food is a good return. Beverage is a much greater return. So I've got a problem there. Mayor Clark: Well, do you have a suggestion? Commissioner Plummer: Mr. Mayor, I would say that if you wanted to go to a combined, that 15 is a fair return. If not, then I would go ten and 20; ten for food, and 20 for... Mayor Clark: Ten for food and 20 for beverage. Commissioner Plummer: Yes. There's a greater return on beverage. Any good restaurant makes 30 percent return on beverage. Mayor Clark: I think the industry standard - we don't have any restaurateurs here, I don't think, to respond - but I think that nine percent is the standard in the industry. Commissioner Plummer: For food. Mayor Clark: Yes. Commissioner Plummer: Yes, but not including beverage, Mr. Mayor. Mayor Clark: I would say ten and 15. Commissioner Plummer: Fifteen for combined is fine with me. I think that's fair. 13 January 27, 1994 Mr. Odio: What? Mr. Luft: Combined restaurant percentage. It's very high. Mayor Clark: All right. What else do you have? Commissioner Plummer: All right. Does this - let me just make sure. Mr. Luft. Mr. Luft: Yes, sir. Commissioner Plummer: Does this RFP still call for $2,000,000 in improvements? Mr. Luft: The $2,000,000 was regarding the restaurant. This is... Commissioner Plummer: No, sir. The $2,000,000 was in regard to the improvements of the boatyard. Mr. Luft: No. Commissioner Plummer: How much in improvements have they got to make? Mr. Luft: We projected, if we were to do it with improvements, would be in the order of a million -two. Commissioner Plummer: OK. Now, what you're saying is... Mr. Luft: And that may be high. Commissioner Plummer: The RFP that you're putting out now does not require the successful bidder to put up any money at all that's guaranteed? Mr. Luft: Oh, of course, yes. What we do is... Commissioner Plummer: How much? Mr. Luft: We ask for... Commissioner Plummer: And how long do they have in which they must make those improvements? Mr. Luft: Upon... Commissioner Plummer: What's in the REP is what I want to know. Mr. Luft: What's in the RFP, OK. Upon execution of a lease agreement, the selected proposer shall be required to furnish the City with a performance and payment bond equal to the total estimated cost of the project improvements which will be submitted in the RFP. Commissioner Plummer: How much? 14 January 27, 1994 Mr. Luft: Whatever it is, the racks and the improvement of the yard. We've estimated it's probably in the neighborhood of a million dollars. Commissioner Plummer: But you don't require them to spend anything at all unless they want to? Mr. Luft: Some proposers - one proposer, in particular, may choose to use sane of their existing equipment, which, of course, is not a new cost to them. It will be to others. so to require a proposer who may have existing equipment there to spend money, even if he doesn't need to, would not be fair. Commissioner Plummer: What - OK. Mr. Luft: What we've said we need to see is racks of a certain number, and of a certain quality, and the Mayor has just enumerated additional conditions that specify that. Commissioner Plummer: And I think that's very good. Mr. Luft: We know that racks in that neighborhood, for new racks, are in the neighborhood of $800 a vessel, and that we want complete resurfacing and repair of the yard, the seawall and the hoists. Commissioner Plummer: How much is that anticipated? Mr. Luft: It's anticipated to be in the neighborhood of a million dollars, if you buy all new racks. Commissioner Plumper: All right. Would it be - would it be... Mr. Luft: OK. In addition, if I may complete that paragraph, OK? In addition, the proposer shall be required to furnish the City a security deposit equal to 50 percent of the first year's negotiated minimum rent, and a letter of credit in the minimum amount of a half a million dollars for development of boatyard facilities, plus an amount equal to the guarantee of all other aspects of the proposer's commitment. Remember that some of the equipment in that yard may be leased equipment, if they choose to go that route, and it cannot be tied down to a fixed capital cost, an amount up front, as a payment. But these numbers guarantee us that we will get investments equal to those necessary to make a first class boatyard. Ccmmissioner Plummer: So you're asking for 50 percent of the first year's minimum annual guarantee before they get the key. Mr. Luft: Right. That's correct, plus a performance bond equal to the total amount of the value of the improvements they intend to do. That's in addition to the minimum annual guarantee. Commissioner Plumper: What is the total contract tern►? How long? Mr. Luft: Fifteen years. 'Pen plus five. Commissioner Plummer: No renewals? 15 January 27, 1994 Mr. Luft: Just ten, plus a five year renewal, one. Commissioner Plummer: Is the five, at the end of ten years, is it renegotiated? Mr. Luft: It doesn't specify in the RFP whether it's an automatic or if you wish to have it renegotiated, that's to your prerogative. Commissioner Plummer: Well, you don't spell it out? Mr. Luft: We just say that the City is going to consider one five year renewal, and that's term that we negotiate in the agreement. Commissioner Plummer: Excuse me. Mayor Clark: At the terms of the original agreement. Mr. Luft: Correct. Commissioner Plummer: No less than. Mr. Odio: No less than. j Mayor Clark: No less than. i Mr. Luft: That's right. Commissioner Plummer: But, why didn't you put in there, because if you don't put it in now, you can't renegotiate at the end of ten years. Mr. Luft: We have an escalator clause in here on an annual basis. Commissioner Plummer: That's for the first ten years. Mr. Luft: Well, it's for the life of the lease. For the duration of whatever it is. Commissioner Plummer: But, why wouldn't you put in the RFP that you would want a renegotiation at the end of 10 years? You can do it for the same amount or less. Mr. Luft: OK. Mr. Odio: Provided not less, I would say... Commissioner Plummer: Mr. Manager, all I am saying is give us the flexibility of negotiating. Mr. Odio: OK. Fine. Mr. Luft: We can do that. Mr. Odio: No problem, amend it that way. 16 January 27, 1994 Commissioner Plummer: Now, Mr. Mayor, I go back to my original... Mayor Clark: That's fair enough. Yes, go ahead. Commissioner Plummer: ...I go back to my original concern. I'm in concurrence to go out with the RFP, if in fact we don't get... Oh, I'm sorry, I did have one other question, Jack. What requirements did you put on the individuals to demonstrate their ability to run a boatyard? Mr. Luft: They must indicate, in the package, their historical performance in the boatyard operation; they must demonstrate the qualifications of their personnel, from the management standpoint, and the history and the track record in a like facility. Commissioner Plummer: OK, they demonstrated, and we saw that happen here with the other one, and we all laughed at what was supposedly proffered. There is no minimum kind of requirements? Mr. Luft: Number of years... Commissioner Plummer: Five years in operating a boatyard, or ten years. Mr. Luft: We haven't said that, if you wish to. Commissioner Plummer: Why haven't you? I mean, you are here to fight for the City. Mr. Luft: Well... Commissioner Plummer: I mean, you should want to have someone who is qualified... Mr. Luft: Right. Commissioner Plummer: ...and make sure that they are qualified to run a boatyard. Mr. Luft: We all... Commissioner Plummer: I can't imagine that we have anybody there who had less than five years of experience in running a boatyard. Mr. Luft: That's certainly a measure of comfort. But you remember we have minority requirements in here, and one of the objectives is to bring... Mayor Clark: Listen, we can get by this now. We are just kind of repeating ourselves. Mr. Luft: ...new operators. Mayor Clark: Put in the requirement they have minimum experience of five years. Mr. Luft: Yes, sir. 17 January 27, 1994 Commissioner Plummer: I think that's justifiable. Mayor Clark: Very good. Commissioner Plummer: Now, Mr. Mayor, I go back to my other point, and I go on it very strongly. I cannot envision that we would accept a minimum annual guarantee after the fifth year, whether you wish to go to it from the first year at 270 on subsequent years, so much more to where at the fifth year you are on the 500,000 minimum annual guarantee. Let me remind the City, another embarrassing position, is your Dinner Key Auditorium. That restaurant is not opened, and we are getting $4,000 a month because it's not opened. That was a minimum annual guarantee. What should we be getting from that? Twenty-five thousand dollars a month. Now, what I am saying to you, I can't vote for a minimum annual guarantee half at the fifth year and thereafter, half of what you say the City can do if they in fact are operating this. That's... Mr. Mayor, unless that minimum annual guarantee is raised, I cannot vote for the RFP. Mayor Clark: Well, let's... Commissioner Plummer: I mean, let's just go ahead, and just let the City operate it. And that's not what I want to do. Let the City operate it if they say they can get a minimum. Mayor Clark: Just a minute. Mr. Manager, Mr. Manager, what percentage on food and beverage does Monty's pay? Mr. Odio: I think its 10 percent. Commissioner Plummer: Correct, sir. Mr. Odio: Ten percent, and then fifteen percent on the marina, and then we get a... That's the way it is. And then we get another percentage, but from memory, from the retail business that they have. Commissioner Plummer: Correct. Mayor Clark: Can we include the same percentage we charge there? Would that satisfy you? Mr. Odio: Well, I think if you go ten percent, it's fair. I don't know if... I don't know the business. Vice Mayor Dawkins: You know, Mr. Mayor, I hate to cut in on everybody here, but don't look like J.L. Plummer is going to finish. Commissioner Plummer: No, I'm finished now. Vice Mayor Dawkins: Oh, you are finished? Commissioner Plummer: Yeah. Vice Mayor Dawkins: I yield to brother Gort, and then I'll go behind Gort. 18 January 27, 1994 Mayor Clark: Go ahead, Mr. Gort. Carrdssioner Gort: I have two questions. One of them is, if you apply the percentage, would that increase automatically your minimum every year? Because we have a minimum that has to be paid, but also, we have a percentage applied to the gross sale. Mr. Odio: OK. This is the way the minimum works. If their gross sales came under the 270, and let's say the gross sale turns up to 150... Commissioner Gort: No, I understand that. Now, I'm following this point. Mr. Odio: OK. Now, if they exceed the minimum, we get the difference. Commissioner Gort: Right. My question is: Suppose it goes to both the gross sale for 250, how can we get it to assure that if they increase the sales every year, that we participate in that? Mr. Odio: By the... Comn.issioner Gort: That is what he is worried about. Mr. Odio: By taking a percentage of the gross. Commissioner Gort: That is built in here, and that percentage... Commissioner Plummer: That percentage is there. Mr. Luft: Whichever is greater. Mr. Odio: Whichever the percentage of the gross, you are guaranteed that you will make more than what you are getting from the minimum. Commissioner Plummer: But if they drop below it? Mr. Odio: What I am afraid of in the minimum is to scare off any potential investors by taking the profit up front. Mayor Clark: As you did with Merrill Stevens. Commissioner Gort: I understand your point of view. OK. My second question is, Mr. Mayor, is one of the things that I hear in here quite a bit, is about the leases that we have, that we give contracts to individuals, and the individuals then turn around and then sublease for a lot more than what we - can we avoid that? Mr. Luft: Cannot do that. Commissioner Gort: Can we avoid that in this? Mr. Luft: Yes. Commissioner Gort: This is now being avoided. There would not be any subleases? 19 January 27, 1994 Mr. Luft: We would have to approve all subleases, and the Law Department has helped us put together the language in there that guarantees that we have full control over there. Commissioner Gort: OK. Mayor Clark: All right. Thank you. Commissioner Gort: Thank you, Mr. Mayor. Mayor Clark: Mr. Dawkins. Vice Mayor Dawkins: I've asked this before and I'm going to ask it again. I hear ten percent, 15 percent. Nobody yet has told me why T have to take ten percent and somebody gets 90 percent. Now, somebody explain to me, why is it that we're going to go into something, and you are going to tell me that I get ten percent, and the other person gets 90 percent, and I'm supposed to be satisfied with ten percent? Explain that to me. Mayor Clark: Well, the ten percent is the profit you make. Now, they provide the food, the service, and everything else. They have enough cost. Vice Mayor Dawkins: Then, Mr. Mayor, we're not talking about ten percent of the profit. You're talking about ten percent of the cost. I want to know what happens to 90 percent of the profit, because you're telling me I get ten percent of the profit. Commissioner Plummer: No. It's not 90 percent of the profit. 90 percent of the gross. Vice Mayor Dawkins: Now, that's what you're telling me. Mr. Luft: No. No. Vice Mayor Dawkins: Huh? Mayor Clark: It's not 90 percent of the profit. They've got to buy everything. Vice Mayor Dawkins: Ten percent of the gross. Mayor Clark: Of the gross profit. Mr. Luft: All proceeds. Mr. Odio: If they sell a million dollars, we get $100,000, and they pay all the expenses. We pay no expenses. Zero. Mayor Clark: Everything, they buy everything. Commissioner Plummer: Miller, ours is clear. Mr. Odio: That's why... 20 January 27, 1994 Vice Mayor Dawkins: OK, all right. OK, that's - I don't understand, but that's good. All right. Now, how much land does Watson Island consist of? Mr. Tuft: Watson Island, 86 acres. Vice Mayor Dawkins: No, I mean the one we're talking about. How many acres are over there? Mr. Luft: Virginia Key? Vice Mayor Dawkins: Virginia Key. Mr. Luft: Overall, 1,000 acres. Commissioner Plummer: One forty-seven, 1,047. Vice Mayor Dawkins: All right. The land that we're dealing with, the part that we're dealing with, how many acres is that? Mr. Luft: In the Marine Stadium area, there's about 30 acres. Vice Mayor Dawkins: Thirty acres. Mr. Luft: Yeah, not counting the master canopy. Vice Mayor Dawkins: So now you're talking - now, what part of the 30 acres goes out in the RFP... Mr. Luft: Four point... Vice Mayor Dawkins: ... or does the whole 30 acres go out? Mr. Luft: 4.3. Vice Mayor Dawkins: All right. Now, what happens to the other 25.7 acres? Mr. Luft: About 5.7 acres is tied up with Rickenbacker Marina and Rusty Pelican, and the other 20 is Marine Stadium and its parking lot. Vice Mayor Dawkins: Is that spelled out in the RFP, that this is not... Mr. Luft: Yes. Vice Mayor Dawkins: ... to be concerned in the RFP? Mr. Luft: That's correct. Vice Mayor Dawkins: What page is it? Turn to it and read it. Mr. Luft: In the page - we have a map in here, we have a survey, a registered survey that shows the boundaries, and the dimensions, and the acreage, and that map is showed with the adjacent leaseholds described. 21 January 27, 1994 w Vice Mayor Dawkins: I will repeat my question to you. Turn to the page of the RFP and read to me where you state what you just told me. Don't turn to a map and tell me I can look at the map and assume this is what you mean. Mr. Iuft: OK. Page 4, site description. As shown on figure 3, site location map, the property is bordered on the southeast by Marine Stadium, on the northeast by the Marine Stadium base and waterfront, on the northwest by Rickenbacker Marina, and on the southwest by the parking lot and Rickenbacker Causeway. It describes the properties adjacent to it, and it shows on a map the exact locations of those and the relationship to the boundaries of this Property Vice Mayor Dawkins: All right. And you say in the RFP that there is a restaurant there, a dry dock storage there, a boat ramp, and retail space already there, and this is or is not included in the RFP? You say that? Mr. Luft: That is included, yes. Vice Mayor Dawkins: That is written in there? Mr. Luft: Yes, it is. The existing facilities include office and retail structure of 2,000 square feet. Vice Mayor Dawkins: OK, on page? Mr. Luft: On page 4. Vice Mayor Dawkins: All right. on page 2, there's a listing of seven individuals who make up the committee. Will you turn to that and read that off to me, please? Mr. Luft: The selection committee consists of seven individuals as required by the Code. Vice Mayor Dawkins: By the Code? What... Mr. Luft: Four members are members of the public, which are required. Kevin Cote, who is not an employee of the City, he's actually an employee of DERV! (Department of Environmental Resources Management), an environmental specialist for waterfronts and marinas; Ward Grafton, an architect who has specialized in marina design; Ed Swacon, who is a private sector planner for permitting and design of marinas and marine -related improvements; and Bill Harrington, who is the chairman of the Waterfront Board. Three members of the City; Christina Cuervo, from the City Manager's Office; Vivian Legido, who we've just been notified is pregnant and may not be available for the process, and would have to be replaced, she is with the Dinner Key Dock Master's Office; and Erdal Donmez, who is the economist with the Department of Development, who helped construct the figures on this proposal. Those are the seven selection committee members. Vice Mayor Dawkins: How many of them are black? Mr. Luft: Pardon? 22 January 27, 1994 Vice Mayor Dawkins: How many of then are black, like me? Mr. Luft: None of then. Vice Mayor Dawkins: OK. So therefore, the selection committee is not reflective of the population. Mr. Luft: We can replace Vivian Legido with Warren Butler. Vice Mayor Dawkins: Beg pardon? Mr. Luft: Vivian Legido with Warren Butler. Vice Mayor Dawkins: Warren Butler? Mayor Clark: Listen, we can get this straightened out. Linda Kearson from i the City Attorney's Office, let's put her on. i Vice Mayor Dawkins: I don't care. OK. I'm so glad you're giving us one. Mr. Luft: We will have an attorney representing at the meeting. Vice Mayor Dawkins: I'm so glad you gave me one. Thank you. God bless you. OK. Now, number three, you're saying that - and J.L. said there is no incentive for anybody to invest any money; that when you come in, if what is there, if you can use it, you don't have to invest any money; is that a correct statement? Mr. Luft: No, sir. The incentive is the profits that are being made from this. Vice Mayor Dawkins: Sir. Mr. Luft: Every investment is assumed to return a profit, and we expect the proposals all to attempt to maximize that. Vice Mayor Dawkins: But if you do not - and this is my opinion - demand that the investors put in some money... Mr. Luft: Yes, sir. Vice Mayor Dawkins: ... then you don't know if the people you're dealing with have any money or not. Mr. Luft: OK. Vice Mayor Dawkins: And therefore, you'll end up with the same thing we had at the Merrill Stevens dock, where people said they were going to do things, and there was no money. Now, if an individual is required to put up money as an investment, then I'm sure they're going to have money to back up their investment. Mr. Luft: OK. 23 January 27, 1994 Vice Mayor Dawkins: But if you're going to let me come in and say, "I will, if you give me the bid," I don't think nothing will happen. OK? Mr. Luft: On page 13, we have actually a full page of proposed site improvements that we expect all proposers will make on this property at their expense, and that they will provide an accounting of all those expenses that we can use to verify the cost. Vice Mayor Dawkins: Is there a dollar amount? Mr. Luft: No, sir. We have left that to the proposer to decide, because some proposers may have equipment on site that will not be a cost; others will. Vice Mayor Dawkins: Then I cannot vote for it, and I'm just one vote. If you do not put a dollar amount in it, I would not vote for it. Mr. Luft: We can put - I would recommend, if you wish to do that, one million dollars is a fair minimum amount for an investment on this site. Vice Mayor Dawkins: OK. I'll take your professional advice, and you write that in, I'll vote for it. Mr. Luft: OK. Vice Mayor Dawkins: On page 25, you do not mention any size of vessels to be... Yes, sir, go ahead, Mr. Plummer. Commissioner Plummer: You've got to put a time, time amount that that money has to be spent. Mr. Luft: Yes, whatever... Commissioner Plummer: Whatever, you've just got to put a time certain in there, because if not, they'll do it at the 15th year. Mayor Clark: No, it says that we have 18 months in there. Commissioner Plummer: OK. Thank you, Mayor. Vice Mayor Dawkins: OK. Good, that's good, Mr. Mayor. OK. Mayor Clark: With a penalty. Vice Mayor Dawkins: OK. What size boats will be there? Because over here, you can't bring one over 30 feet or something. Now, what size... Mr. Luft: Yeah. No. We will allow any size vessel in there. There's no restriction on the size limit. They may go over 30. The only reason we had a size limitation in Dinner Key was to distinguish between Merrill Stevens, which was over 30, and Grove Key, which was under 30, so they would not compete. In the case of Virginia Key, any size may be placed there. Vice Mayor Dawkins: Thank you, Mr. Mayor. No further questions. 24 January 27, 1994 Mayor Clark: All right. Any further discussion? Commissioner De Yurre: Yes, Mr. Mayor. Mayor Clark: Yes, Mr. De Yurre. Commissioner De Yurre: I'd like to have a recap of the percentages that are going to go out in the RFP, percentages of receipt to the City. Mr. Luft: Well, I've heard both ten and 15 percent for food, 12 percent for retail, and we have specified 15 for the boatyard. Mayor Clark: Excuse me, excuse me. Senator, Senator Soto, we're going to get with you in just a minute, as soon as we get over this. Don't run away. Start over again, Mr. Luft. Mr. Luft: OK. We had recommended seven percent for food. It is now being discussed as 15 percent, and others have mentioned ten. I don't think there's a clear direction on that yet that I have. On the retail sales, the Mayor has recommended 12 percent as a minimum, and on the boatyard, we're recommending 15 percent return on the boatyard operation itself. Commissioner De Yurre: OK. And I bring this up because I'm concerned of whether we're asking for too much or not. For example... Mr. Luft: I believe on the food concession, ten percent is a fair industry standard. That's what our appraisers have told us is a reasonable return for j this type of... I Commissioner De Yurre: OK. Now, the reason that I'm bringing this up is, for example, I'm looking at what I consider to be the most successful operation, as far as restaurants of that nature. That's Monty's. Mr. Luft: Yeah. Commissioner De Yurre: And Monty's - and I just got this information from Christina - the deal is five percent on the raw bar, the stone crab raw bar; eight percent on gross receipts up to a million dollars; ten percent on gross receipts over a million dollars; and 15 percent on the dockage, which brings to us approximately 400, 450, $500,000 a year. Mr. Luft: Correct. j Commissioner De Yurre: It used to be a lot more before. But it was all depending on the percentages. I feel that - and they survive, and they're doing a good job. I think that if we just - for somebody that's starting up, to require 15 percent may be too much. I don't know. i Mr. Luft: On the boat racks, I think that's a fair percentage. Commissioner De Yurre: Fifteen, that's what they're paying. I think that's OK. Mr. Luft: I think that's fine. 1 I 25 January 27, 1994 Commissioner De Yurre: I'm concerned about scaring people off, saying that we can't afford to get into this deal, based on these numbers. Mr. Luft: If the percentages on food is too high, there's no incentive to provide food services, which cuts us out of revenues entirely. Commissioner De Yurre: So that's my concern. I'd like to maybe get a little bit adjustment on that. Mr. Odio: I would say... Mayor Clark: Would you agree with ten percent on the food? Commissioner De Yurre: Yeah, that would be fine. Mayor Clark: Ten percent on the food? ? Mr. Odio: Ten percent is fair on the food. Mayor Clark: Yeah. All right. Anything... Commissioner Plummer: I have further questions, Mr. Mayor, whenever. Mayor Clark: Just a moment, please. Do you have anything further? i Commissioner De Yurre: No, that's it. 1 Mayor Clark: All right, Mr. Plummer. Commissioner Plummer: Mr. Mayor, just for the edification of my colleagues, in the Orange Bowl, the City receives 41.2 percent of food and beverage. Amazing. OK? 41.2 percent. Mr. Manager, am I correct? OK. Thank you. That's food and beverage in the Orange Bowl. Is there any provision in here that they cannot transfer, sell more than five percent without City Commission approval? Mr. Luft: Yes. Commissioner Plummer: It's spelled out on the record? It's spelled out... Mr. Luft: It's standard in all of our leases. Commissioner Plummer: ... that no more than five percent can be transferred or sold without City Commission approval. Mr. Luft: Yes. That is in the lease and it will be in all of our leases. Commissioner Plummer: Is it in the RFP that all parties must expose who they are and are subject to a background check by the Police Department? Mr. Luft: No, we don't specify that. Commissioner Plummer: Why is it? 26 January 27, 1994 Mr. Luft: We can put that in if you wish. Commissioner Plummer: I would definitely want that in. Mr. Luft: OK. Commissioner Plummer: OK? That anyone who is a major player of more than five percent is subject to a background check, as we've been doing all of the time, with the Police Department. Mr. Luft: OK. Commissioner Plummer: Is there any indication at all that says that if you are the successful bidder, that you are going to get, eventually, the Marine Stadium? Mr. Luft: No, sir. Mr. Odio: No, no. Commissioner Plummer: Is there anything in there that says you are not going to get the Marine Stadium? Mr. Luft: No, sir. Commissioner Plummer: OK. But you're saying that no one has any right to expect that they will get any inference or step ahead by getting this RFP? Mr. Luft: That's absolutely correct. Commissioner Plummer: OK. Are you allowing or are you prohibiting wet storage? Mr. Luft: We do not - the boundaries of this leasehold stop at the shoreline. We would allow temporary docking for purposes of embarking and debarking passengers. Commissioner Plummer: Do you spell out... Mr. Luft: But no rental slips in the water are permitted. Commissioner Plummer: Do you spell out what is "temporary"? Mr. Odio: To me, "temporary" is you take a boat from the rack, you take it out, put her in the water, and then you have a few hours to get your party together. Commissioner Plummer: "A few hours" is considered to be temporary? Mr. Odio: Yeah. Mr. Luft: There's no overnight docking. 27 January 27, 1994 Mr. Odio: No overnight docking. Commissioner Plummer: OK. What percentage are you getting if they broker boats? Mr. Luft: 'That's the ten percent. Commissioner Plummer: Ten percent on brokered... Mr. Luft: Well, 12 - excuse me - 12 percent for all retail and brokerages. Commissioner Plummer: On a brokerage of a boat, you're only getting 12 percent. What do we get from Spencer Meredith? Mr. Luft: I believe our - ten percent. Commissioner Plummer: Ten percent on brokerage? Mr. Luft: Ten percent on retail sales. Commissioner Plummer: No. The brokerage was a separate item with Spencer Meredith. Mr. Luft: We would have to check on that. I'm not - I'm not certain. Commissioner Plummer: OK. Mayor Clark: All right. Commissioner Plummer: All right, Mr. Mayor. Mr. Luft: If I may comment on one of the conditions the Mayor raised. You had talked about you wanted all the racks covered. Mayor Clark: Yes, sir. Mr. Luft: OK. There is an advantage to having some racks uncovered, so that the large fishing vessels with the towers and the side things that would extend above you would be able to fit on the top, and we could accept those taller vessels. Mayor Clark: Ten percent? Mr. Luft: I would say not more than 20 percent... Mayor Clark: All right. Mr. Luft: ... to accommodate those. Mayor Clark: All right. I'm going to move - did you want to say something, sir? Mr. Manuel Gonzalez-Goenaga: Yes. Is this a public hearing, I presume, right? OK. My name is Manuel Gonzalez-Goenaga. I reside at 227 Santilane 28 January 27, 1994 Avenue; sometimes in the Dade County Jail. My concern, distinguished Cam nissioners, and distinguished politicians here - present is Mr. Soto, who I greatly admire - is that we have to put to the citizens the facts, and I have not had the opportunity, because it was not ready for me, the facts. In other words, I only have this. I have heard you, and I have - I'm going to say something that the Commissioners have not asked. Based on past experience - and there are articles, detailed articles in the Miami Herald regarding the Dinner Key Marina, the Chart House, Monty Trainer's, the marine area, the restaurant and brewery. We went to the voters, and we approved two point acres for a brewery and a restaurant, and they were supposed to pay $200,000 minimum. Question: Has anything been paid? We had an election on that. Furthermore, Monty Trainer, Manny Medina, Monty Trainer, this is something that is very hard to understand to ordinary citizens. Mayor Clark: Sir, please talk about the discussion on this side of... Mr. Gonzalez-Goenaga: The bottom is... Mayor Clark: Please, or be finished. Mr. Gonzalez-Goenaga: Yes. The bottom is that with the past experience that this Administration has had renting... Mayor Clark: Thank you. Thank you for your comments. Mr. Gonzalez-Goenaga: ... the properties of the citizens, what can we expect in the future? Mayor Clark: All right. Thank you, sir, for your comments. Anyone want to add something? Commissioner Plummer: Mr. Mayor, I would accept, if it's agreeable, that on the minimum annual return, minimum annual guarantee, that I would accept in round numbers as the City has outlined in page 4 of what you have. From year one, it escalates up each year, and I would strongly suggest that we accept a minimum annual guarantee in the first year, if you want, 270; in the second year, 380; in the third year, 450; in the fourth year, 450; and in the fifth year, 500,000, and from that point on, no less than 500. For the life of me, I can't understand why we would accept less than what we projected if we ran it ourselves. Mayor Clark: Well, the reason... Commissioner Plummer: So that's all that I'm saying, Mr. Mayor. That would be acceptable to me. Mayor Clark: Thank you. Thank you. The reason for that is the projection. These are projections. What we're trying to do, if we could round it out and say over the five-year period, $370,000, that's what it would amount to. If those figures could amount to round out at $370,000 or 270 for the first year, I think that we're standing in good stead, and we're showing at least to the constituency that we serve that we're trying to get the best deal that we can make to make it a real solid deal. 29 January 27, 1994 Commissioner Plumper: And your suggestion, Mr. Mayor, on the fifth year would be a minimum annual guarantee of? Mr. Odio: I would say... Mayor Clark: Minimum guarantee. Mr. Odio: ... that we can negotiate it, leave it open and see what the market is bearing at the time. You can leave that open. Commissioner Plummer: Cesar, you're going to... Mayor Clark: I believe an individual, Mr. Plummer, is going to try to make as much as they can out there. I don't think they're going to try to leave it down at the minimum. It's not to their advantage if they do that. It's to their advantage they make more every year. But I think the first year, you've got to give breaks that make sure that we don't have a facade over there or something that's not usable by the public. Commissioner Plummer: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Plummer: I still ask the question, the fifth year and thereafter, what would be the minimum annual guarantee? Mayor Clark: What we started with. Commissioner Plumper: Excuse me? Mayor Clark: I'd propose $270,000. Commissioner Plummer: At fifth year and thereafter? Mayor Clark: The minimum guarantee. Commissioner Plummer: All right, sir. I can't vote for it. I asked the Mayor in his idea, after the fifth year, what would he be looking for as a minimum annual guarantee, and he's saying 270. I can't vote for that. OK? Mayor Clark: Well, that's minimum. Mr. Odio: May I... Commissioner Plummer: Not when the City shows that they can make $500,000 minimum. Why would we accept less? That's my only point. Mayor Clark: Mr. Manager. Mr. Odio: Why couldn't you have a fixed minimum payment for five years, and at the end of five years, you sit down and adjust it according to what the market bears at that time? Commissioner Plummer: Mr. Manager, that's what I tried to do, based on your numbers, sir, a conservative return to the City. OK? 30 January 27, 1994 Mr. Odio: But make it a flat - OK. Commissioner Plummer: OK? Either that, or make it a percentage increase every year. Mayor Clark: All right. Let's do it like this, J.L. 270 for the first five years and 350 thereafter, minimum guarantee. Commissioner Plummer: No, no. Excuse me, Mr. Mayor, I'm sorry. OK? Mayor Clark: That's all right. Fine. Commissioner Plummer: OK? Look, we have a disagreement. I just think that this City is entitled to every penny that we're entitled to. Mayor Clark: I hope we get it. Commissioner Plummer: And as far as I'm concerned, you want to go with a percentage each year increase, and minimum annual, that's fine with me. Mr. Odio: OK. Go with the cost of living increase every year, CIP (Consumer Price Index). Mr. Luft: We are. Commissioner Plummer: As long as at the fifth year, you're at the $500,000 minimum annual guarantee. Mr. Odio: No, but then you're breaking the CIP. You can't have it both ways. Ca nissioner Plummer: I'm not breaking anything. Mayor Clark: All right. Commissioner De Yurre: Mr. Mayor. Commissioner Plummer: I don't want the taxpayers broken. That's what I'm trying to fight. It's your - I'm using your numbers, Mr. Manager. Mr. Odio: Yeah, but you see, Commissioner, you're looking at the... Mayor Clark: Mr. Plummer, if we go that way, we won't have any proposers. Mr. De Yurre, you're recognized. Commissioner De Yurre: Yes, sir, Mr. Mayor. What is the deal with Monty's? They still have about 40 years to run. What is the minimum guaranteed from them? Mr. Odio: I don't know because we never dea t with minimums there. It's - I have to look, Commissioner. We have never been at the minimum with Monty's. See, you're looking at the half empty glass, Commissioner. Commissioner De Yurre: Because let me - Cesar, Cesar, let me finish here. 31 January 27, 1994 Mayor Clark: Please, no arguments, no arguments. Commissioner De Yurre: The point that I have to make here is that Monty's, which is more than an established eatery, they're making only 38, they're giving us $38,000... Mr. Odio: A month. Commissioner De Yurre: ... a month, which barely covers 450, and that's after they've been there for more than 20 years. So aren't we putting a little bit of a strain on a new place to ask them for $500,000 right off the bat, or in five years, something like that? Mr. Odio: OK. Commissioner Plummer: Mr. Mayor, may I be recognized? Mr. Odio: The minimum in Monty's is 277,586 a year. Mayor Clark: Please. Mr. Odio: $277,586. Commissioner De Yurre: And that's for the next 40 years. Mr. Odio: Yeah. And we have never been at the minimum there. We have - Monty's down now, but we used to collect $70,000 a month. Commissioner Plummer: Damn near a hundred. Mr. Luft: Commissioner, Commissioner. Mr. Odio: OK. Mayor Clark: All right, let's - let's move forward. Commissioner Plummer: If I could only be recognized, Mr. Mayor? Mayor Clark: Yes, sir. Commissioner Plummer: Mr. De Yurre, let me say to you, sir, that there is all the difference in the world between a Monty Trainer operation and a marina. When you have 290 boat racks, all you've got to do is multiply that by $30 per rack, per month, and you have an absolutely built-in gold mine. OK? And especially now that Black Point crushed under Andrew, there is a demand for boat rack storage in this town that you cannot believe. You don't find a boat rack open. Now, the difference between Monty Trainer's, which is food and beverage, and people may or may not go out, a person's got to have some place to park their boat. The only other question - excuse me, that was my opinion, OK? Mr. Mayor, the only other thing I would add, if we could, that on the selection committee, I would like to name one to the private sector, who, in my estimation, there is not a man in this town who knows more about boats than Bob Lewis. 32 January 27, 1994 Mayor Clark: Goodenough. Commissioner Plummer: You know Bob Lewis personally. Mayor Clark: Absolutely. Commissioner Plummer: And I would like to add Bob Lewis to that committee. Mr. Luft: Could we replace one committee member with Mr. Lewis? Commissioner Plummer: Whatever you want, sir, but let me tell you something. Mayor Clark: All right, Mr. De Yurre, you have the floor. Commissioner Plummer: Yes, sir. Commissioner De Yurre: Well, I'm done. I'm ready to vote on this. Mayor Clark: All right. Sir, what do you have to add? Then I'm going to call the roll. Mr. Claude La Roche: Mayor Clark, Mr. Vice Mayor, Commissioners, my name is Claude La Roche. I'm the owner and operator of Bayside Seafood Restaurant, with my partner, Rolf Gerstner (phonetic). We have three items that we would like to bring to your attention. First, we have been in operation at this location for ten years and seven months. In coming to a decision on your RFP or on the new RFP, we would hope that you would consider moving the existing restaurant site to a waterfront location or to a shoreline location. Mayor Clark: That's what you were talking about. Mr. Luft: We've done that. Mayor Clark: That's what they're talking about. Mr. La Roche: Thank you. On the second, we would hope that you would consider increasing the size from 6,000 to 8,000 square feet. That would allow us to more adequately plan the layout of the restaurant and the working areas. And thirdly and lastly, the issue of rentals. I've heard the discussion and I must bring to your attention, industry standards do say that for a rental to be any higher than ten percent or between ten and 12 percent, the landlord must provide a turnkey operation, where the operator is actually investing. And in this instance, we anticipate that the cost would be somewhere in the neighborhood of half a million dollars to move the restaurant to the shoreline, to a shoreline site. We think that it would be unfair to try to impose a ten percent rental, but rather, the six to seven percent is more in line with industry standards. Commissioner Plummer: Not under this minimum. Mayor Clark: Thank you for your comments, sir. Vice Mayor Dawkins: One more question, Mr. Mayor. 33 January 27, 1994 Mayor Clark: Yes, sir. Vice Mayor Dawkins: What did we agree on as to the ten-year lease and the five-year option? What did we agree to? Commissioner Plummer: Negotiable. Mr. Luft: We said that after ten years, the five years would be negotiated at the option of the City. Vice Mayor Dawkins: Negotiated or negotiable? Commissioner Plummer: Yeah. Mr. Luft: Yes. The terms of the extended five years would be negotiable. Vice Mayor Dawkins: No, no, no. The lease. Mr. Luft: Yes. Vice Mayor Dawkins: I don't know nothing about no - the total lease. Mr. Luft: Correct. Vice Mayor Dawkins: Because ten years from now, five different people will be sitting here, and they may not agree with none of this. Mayor Clark: Well, they can do it then. Vice Mayor Dawkins: OK. Thank you. Mayor Clark: All right. Vice Mayor Dawkins: Make sure that at the end of ten years, the lease can be terminated. Mayor Clark: It can be terminated at any time with 60 days notice. Mr. Luft: With a buyout provision. Vice Mayor Dawkins: With a buyout. At the end of the ten years, no buyout. He should have his money back. Mayor Clark: He should have. You have the gavel. I believe we should issue this RFP today with the condition the City does not receive three qualified responses to the RFP... Vice Mayor Dawkins: Mr. Manager, would you let us have a little order, please? Mayor Clark: ... we'd be ready to pass a motion, and we'd be ready to take over the boatyard and operate it. The private sector would be financing the capital improvements to this property. The competition among proposers will 34 January 27, 1994 produce a better facility and better amenities for the public, with these amendments, Mr. Vice Mayor. The boat rack structures as required must be covered racks with the exception of 20 percent for the accommodation of the public. This will allow the operator to charge more for the docking service. No open racks will be allowed other than the 20 percent. The minimum guarantee under the RFP should be $270,000. The minimum guarantee should be $270,000 per year. The REP states that one of the appraisals we did on the property indicates a potential of $270,000, and our own calculations say about $290,000, if we operate the facility. Therefore, it seems reasonable and fair to stay at $270,000. The RFP must have a provision which would allow the City - to your point, Mr. Dawkins - to reserve the right to buy out the lease option upon 60 days notice, or in the case if the City would like to develop the property for another use along with the Marine Stadium property. The cost of the buyout should be the cost of the improvements of the average annual profit amount up to that point in the lease. We have the percentages. Name the percentages on the food again, Mr. Luft. Mr. Luft: Ten percent on the food, 12 percent on retail and brokerage, and 15 percent on boat rack. Mayor Clark: That's also included as an amendment, there should be a penalty to the successful proposer if they do not make improvements to the property within 18 months of the signing of the lease. The boat ramp at the site should be included in the property that is leased to the successful proposer so that the proposer may be able to move the restaurant site to the water, instead of the parking lot where it is currently located. Qualified proposers must have five years minimum experience of a similar operation, and any proposer having a five percent stake must have a police background check. I offer that motion, Mr. Dawkins, for the edification of this Commission. Commissioner De Yurrc. Second. Commissioner Plummer: Clarification on the motion. Vice Mayor Dawkins: There's been a motion and second. Mr. Plummer, you have the floor. Commissioner Plummer: Well, have you got a second? Vice Mayor Dawkins: Yes. Commissioner Plummer: OK. Mr. Mayor, in your idea about it can be moved to the water, is that within the boundaries as described within this now? Mayor Clark: Oh, yes. Yes, sir. Mr. Luft: No, sir. Mayor Clark: Why not? Mr. Luft: No. Let me show you. On this shoreline here, there's a seawall and the sea hoists and the in and out docks to the vessels. Mayor Clark: Well, where would you move it? 35 January 27, 1994 Mr. Luft: We would put it right here. Vice Mayor Dawkins: Put what? Commissioner Plummer: That's not within their boundaries. Mr. Luft: That would be the additional area that you said the site should be expanded to include the shoreline. What you're doing is you're putting the restaurant in the middle of an operating boatyard, which both for insurance and practical purposes is ill advised. The adjacent side here, in order to expand it by an acre and a half or two acres, you can include the shoreline, but certainly increase the minimum guarantee. Commissioner Plummer: And that was the one that we had an RFP for that, Mr. Mayor, we had an annual minimum guarantee just for that little area there of $215,000 a year, and they had to spend $2,000,000 minimum. Now, this RFP in no way includes an additional amount of property. You would have to change the RFP to allow them to move the restaurant to the shoreline, or you would have to open up the other part of the REP. Mr. Luft: That's correct. Commissioner Plummer: So you can't do it. Mayor Clark: What do you have to do? Mr. Luft: The City Attorney says all you have to do is declare the area j adjacent to this as... Commissioner Plumper: Then you have to change the RFP. Vice Mayor Dawkins: See, that's what I told you when you brought that to me. Mr. Luft: Yes. Vice Mayor Dawkins: I told you you were not putting everything in this RFP, and you didn't do that. Commissioner Plummer: That's exactly right. Mayor Clark: All right. We'll leave the rest, now that we qualified that, we'll leave the restaurant where it's at. Vice Mayor Dawkins: All right. Commissioner Plummer: In other words, the restaurant cannot be moved. Mayor Clark: That's right. Vice Mayor Dawkins: OK. Mayor Clark: I'm going with the motion right now. 36 January 27, 1994 Vice Mayor Dawkins: Any further discussions? Any further discussions? Commissioner Gort: I have a question. Vice Mayor Dawkins: Yes, sir. Commissioner Gort: One of the questions you asked on one of the amendments you made, the minimum of $1,000,000 investment. Mayor Clark: Yes, sir. Commissioner Plummer: Within 18 months. Mayor Clark: Within 18 months. Commissioner Plummer: Yeah, that's in the RFP. That's already in there. Commissioner Gort: OK. Vice Mayor Dawkins: All right. No further questions? Commissioner Plummer: Do we have... Vice Mayor Dawkins: This is your last question, Mr. Plummer. Commissioner Plummer: All right. Do we have in the RFP a minimum return on gasoline, Mr. Luft? Do we have a minimum annual - hello? Mayor Clark: Mr. Luft? Commissioner Plummer: Do we have in the RFP a minimum annual guarantee on gasoline? Mr. Luft: We - no, sir. We - well, that's the 12 percent. Commissioner Plummer: Well, in yours... Mr. Luft: That's calculated into the - in... Commissioner Plummer: Twenty-five cents a gallon. Mr. Luft: Right. Commissioner Plummer: Which is more than ten percent. Mr. Luft: We're getting $37,000 a year on that currently. Commissioner Plummer: But you're going to give it away in the RFP, OK? I just want to make sure we know what we're doing. Mr. Luft: OK. The fuel, we do say that the 12 percent includes the fuel sales. 37 January 27, 1994 Commissioner Plummer: But here in your projections, you're showing 25 cents a gallon return to the City. But in the RFP, you're going to give it away at ten percent. Mr. Luft: Twelve percent. Commissioner Plummer: Mr. Luft, may I hope, sir, that you always work for government. If you're in the private sector, you'll go to the poor house. Vice Mayor Dawkins: Call the roll. Call the roll, Mr. Clerk. Mayor Clark: Call the roll. The following resolution and motion were introduced by Mayor Clark, who moved its adoption: RESOLUTION NO. 94-46 A RESOLUTION, WITH ATTAC1-Z=(S), AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, ON FEBRUARY 4, 1994, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON APPROXIMATELY 4.3 ACRES OF CITY -OWNED WATERFRONT PROPERTY, LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA; SELECTING A CERTIFIED PUBLIC ACCCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER. MOTION NO. 94-46.1 A MOTION SPECIFYING THAT THE REQUEST FOR PROPOSALS (RFP) FOR A UNIFIED DEVELOPMENT PROJECT (UDP) FOR A BOATYARD/MARINA FACILITY ON VIRGINIA KEY (3501 RICKENBACKER CAUSEWAY) MUST INCLUDE THE FOLLOWING: 111 THE BOAT RACK STRUCTURES MUST BE COVERED RACKS, WITH EXCEPTION OF TWENTY (20) PERCENT, FOR THE ACCOMMODATION OF THE PUBLIC; (2] THE MINIMUM ANNUAL GUARANTEE UNDER THE RFP SHOULD BE $270,000.00; [3] THE CITY RESERVES THE RIGHT TO BUY OUT THE LEASE OPTION UPON SIXTY (60) DAYS' NOTICE IN THE CASE THAT THE CITY WOULD LIKE TO DEVELOP THE PROPERTY FOR ANOTHER USE ALONG WITH THE MARINE STADIUM PROPERTY; FURTHER STATING THAT THE COST OF SAID BUYOUT SHOULD BE THE COST OF IMPROVEMENTS AND THE AVERAGE ANNUAL PROFIT AMOUNT UP TO THAT POINT IN THE LEASE; [ 4 ] THE PERCENTAGE FOR THE FOOD OPERATION SHOULD BE INCREASED TO TEN (10) PERCENT, RETAIL AND BROKERAGE OPERATION SHOULD BE INCREASED TO TWELVE (12) PERCENT, AND FIFTEEN (15) PERCENT ON BOAT RACKS; FURTHER STATING THAT THERE SHOULD BE A PENALTY TO THE SUCCESSFUL PROPOSER IF THEY DO NOT MAKE IMPROVEMNIS TO THE PROPERTY WITHIN EIGHTEEN (18) MONTHS OF THE SIGNING OF THE LEASE; (5] QUALIFIED PROPOSERS MUST HAVE A FIVE (5) YEAR MINIMUM EXPERIENCE OF A SIMILAR OPERATION, AND [6] ANY PROPOSER HAVING AT LEAST A FIVE (5) PERCENT INTEREST MUST HAVE A POLICE BACKGROUND CHECK. 38 January 27, 1994 Upon being seconded by Commissioner De Yurre, the resolution and motion were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I vote no for the reasons so stated. It's unfortunate, but we'll see what happens. COMMENTS MADE AFTER ROLL CALL: Mayor Clark: All right. Thank you. Commissioner Plummer: Next item. ------------------------------------------------------------------------------ 4. CODESIGNATE N.W. 14 STREET (FROM N.W. 22 AVENUE TO N.W. 27 AVENUE) AS: "JOSEPH CARDINAL MINDSZENPY STREET." ------------------------------------------------------------------------------ Mayor Clark: What item is Mr. Soto's? Mr. Soto's item, Mr. Manager. Mr. Cesar Odio (City Manager): Item 2, sir. Commissioner Gort: Six, item 6. We're going to go into item 6. Mr. Odio: Oh, 6? I'm sorry. Commissioner Plummer: What happened to item 2? Mayor Clark: Can we wait a moment? Mr. Odio: Oh, no, he's going to take up Commissioner Soto. Commissioner Plummer: Oh, OK, all right. Nobody told me that. Mayor Clark: You identified him a while ago, J.L. Commissioner Plummer: No, but I didn't know 6 was his item. Mayor Clark: All right, Senator, please came forward. I believe that everybody should understand what this is all about. This is renaming of 14th Street between 22nd and 27th Avenue, Joseph Cardinal Mindszenty Street. Hungarian by birth. The Hungarian Club has been located there right beside 39 January 27, 1994 the Miami Police Hall, as we call it, for a number of years. Go ahead, Senator. I think it's a great idea. Senator Javier Soto: Thank you very much. Mr. Mayor, Commissioners, ladies and gentlemen, it's a real honor for me to be with you here today, and also with my Hungarian friends back there. We have the presence of the Honorable Consul of Hungary in Florida, a good friend of mine, Mr. Tar, Alexander Tar. And I wanted to tell you that this man that we are honoring today with the designation of that street, 14th Street, with the name of Cardinal Mindszenty, was not only the spiritual leader of the Hungarian people in the '50s, the '40s and the 150s, but also a patriot who guided the Hungarian people in all those years of very difficult moments when the Soviet domination was upon Hungary, and when the Soviet tanks got into Budapest and killed thousands of Hungarian patriots. This man was in jail, was rescued by the Hungarian rebels, and he was then taken to the American Embassy where he spent about 20 years, after which, he was taken to Rome where I understand he died. So Cardinal Mindszenty was not only a good man of the church, but also a spiritual leader of tremendous importance to those of us who value democracy and the free ideas. That is why I got involved with my Hungarian friends, and that is why I think it is a great honor for me, and for them, and for all the people in Miami to move with this idea. Not only that, I'd like also to say that the Hungarian people, the Hungarian persons here today and in this community constitute a vibrant sector of this community, investing money here, bringing money for different ventures. There's many of them coming here from South America, from Europe, and they are moving on with different commercial enterprises which is going to help our community to be a stronger community from the economic point of view. So I thank you, and I, in their names and the names of all of us who value this mentioned before, I want to respectfully thank you, all of you, from the bottom of my heart. Mayor Clark: Thank you. The Chair recognizes Commissioner Gort. Commissioner Gort: Mr. Mayor, this given petition is - the County Commission approved that and Senator Soto asked us to do that. At the same time, we got to realize that this was one of the first churches and halls that was established there many years back by the Hungarian population here in Miami, so it would be a great pleasure for me to move it. Mayor Clark: Is there a second? Commissioner Plummer: Second. Mayor Clark: Seconded by Mr. Plummer. Any discussion? Call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-47 A RESOLUTION CODESIGNATING NORTHWEST 14TH STREET FROM NORTHWEST 22ND AVENUE TO NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, AS "JOSEPH CARDINAL MINDSZENTY STREET"; FUR'IUER DIRECTING THE TRANSMITTAL OF THIS RESOLUTION AS DESIGNATED HEREIN. 40 January 27, 1994 (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: AXES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. Mayor Clark: Thank you. Thank you all, folks, for being down here. Mr. Soto: Thank you very much. Thank you. ------------------------------------------------------------------------------ 5. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH J.M. SERVICES, INC. -- TD OPERATE / MANAGE THE BAYFRONT PARK CRAFTS FESTIVAL TO BE HELD IN MILDRED AND CLAUDE PEPPER BAYFRONr PARK -- FOR FOUR-YEAR PERIOD CCK90CING JANUARY, 1994, FOR A FEE OF NOT LESS THAN $8,000 PER MONTH. Mayor Clark: Item number 2. This is recommended by the Manager, the service contract at Bayfront Park. Commissioner Plummer: Mr. Mayor, if I may, the concerns of the Commission, I think it was more so Commissioner De Yurre at the last Commission meeting, was that there be the availability of more than four set -aside weekends. We now have... The promoter is willing to set aside an additional ten weekends, if, in fact, he has adequate notice listed at four weeks to include, Commissioner De Yurre, what your concerns were in more weekends. It could be freed up for the public if they needed or wanted them. He would have, of course, to be relieved of the financial obligations of those weekends, if, in fact, it became a reality. Other than that, sir, most everything else here is as presented before, and that should take care of it. I'll answer or try to answer any questions anyone else might have. Vice Mayor Dawkins: Let the record reflect that it was Miller Dawkins and Victor De Yurre who demanded more public days. It was not Victor De Yurre by himself. Thank you. Commissioner Plumper: Let the record so reflect that Commissioner Dawkins has another "blue brother". Mayor Clark: Amen. Mr. De Yurre, you have anything? 41 January 27, 1994 Commissioner De Yurre: Mr. Mayor. That was just my concern. You know, we spend millions of dollars to provide a park for everyone, and I just wanted to make sure that it remained that way. So you can go ahead. Commissioner Plummer: We have done it, sir, and just for the edification, I want to again emphasize that this is not the entire park. It is a very small part of the park known as the Flagler Promenade. It will not interfere if there is to be an activity in the amphitheater. It would not interfere in the new portion of the south end of the park once that is completed. Mayor Clark: Very good. All right. Do you have anything to add? A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor. Mayor Clark: Do you have anything to add? Mr. Jose Infante: No, I don't. Mayor Clark: The public hearing is closed. Yes. Mr. Jones: Mr. Mayor, if I might just to bring to your attention, you can do this one of two ways. Section 9069 of the Zoning Code requires a specific waiver, if there are going to be more than two temporary events permitted per site at this particular location. And from what I understand in speaking with the Planning and Zoning Department, the agreement that is before you to approve could very well possibly contemplate as many as 48 events. So you would need to either, one, pass a resolution waiving this requirement of the Zoning Code; or, two, you can incorporate it as part of the resolution that you have before you. That is a waiver for this particular group. This wouldn't affect any other promoters who may want to use and be subject to the... Mayor Clark: All right. Commissioner Plummer: What do you recommend, Mr. City Attorney? What is the easiest way to do it? Mayor Clark: Include it in the resolution today, I think. Commissioner Plummer: What is the easiest way? Mr. Jones: The easiest way would be to incorporate it within the resolution that you have before you. Mayor Clark: All right. Commissioner Plummer: At such time as there is a motion to be made, Mr. Mayor. I think you have a lady here who wishes to speak. Mayor Clark: Yes, ma'am. I'm going to recognize her right now. Yes, ma'am. Give us your name for the record. Ms. Josie E. Correa: Hi. Yes. My name is Josie Correa, and I'm the acting executive director of Downtown Miami Partnership. On behalf of Downtown Miami 42 January 27, 1994 ' Partnership, which represents property owners and merchants of downtown Miami, we would like to state for the record that we do not oppose an art festival in Bayfront Park, but we are opposed to the sale of clothing, shoes, electronics, ' and we are strongly opposed to the sale of alcoholic beverages during the festival. Thank you. Mayor Clark: All right. Thank you for your concern. All right, Mr. Plummer, do you want to move on the resolution? Commissioner Plummer: Mr. Mayor, I would move that this be approved and subject to the wording by the City Attorney that that be incorporated in the motion for the sake of approval. I so move, sir. Mayor Clark: Is there a second? Commissioner Gort: I'll second. Mayor Clark: Call the roll, Mr. Clerk. Commissioner Gort: And discussion. Mayor Clark: Yes, sir, if you'd like. Commissioner Gort: In discussion. When I read the contract, my understanding was that the Bayfront Park Trust has the ability to cancel any one of the sales or... Commissioner Plummer: Absolutely. And the executive director can go to the promoter at any event and say, "That must come out." Commissioner Gort: OK. Thank you. Commissioner Plummer: OK? And just, Mr. Mayor, I want to emphasize, if I may, we have told this promoter that in no way, shape or form can this take on the aspect of a flea market. It is to be arts and crafts primarily. Mayor Clark: All right. You understand that, sir? Mr. Infante: Yes, I do. Mayor Clark: Roll call. 43 January 27, 1994 MIT IE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-48 A RESOLUTION, WITH ATTACfMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH J. M. SERVICES, INC., TO OPERATE AMID MANAGE THE BAYFRONT PARK CRAFTS FESTIVAL TO BE HELD IN MILDRED AND CLAUDE PEPPER BAYFRONT PARK ON SPECIFIED WEEKENDS FOR A FOUR-YEAR PERIOD COMMENCING IN JANUARY 19941, FOR A FEE OF NOT LESS THAN $8,000 PER MONTH; FURTHER WAIVING THE REQUIREMENTS OF SECTION 906.9(c) OF ORDINANCE No. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, "TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS" THEREBY RELEASING THE RESTRICTIONS WHICH LIMIT THE NUMBER OF PERMISSIBLE SPECIAL EVENTS ON CITY -OWNED LAND. ( 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. Commissioner Plummer: Mr. Mayor, hopefully, I'll have something very exciting to bring before this Commission for the south end of the park. Ira, very quickly? Very quickly, another possible great promoter. Mayor Clark: Very good. Commissioner Plummer: Warner Brothers. ------------------------------------------------------------------------------ 6. WAIVE RENTAL FEES FOR USE OF EXHIBITION HALL IN COCONUT GROVE EXHIBITION CENTER -- FOR THE INTERNATIONAL AMBASSADOR'S FOREIGN EMBASSY TOUR 95 (JANUARY 23-25, 1995), WITH PROVISOS. Mayor Clark: On item number 3. This is a resolution waiving fees of Coconut Grove Convention Center. Mr. Cesar Odio (City Manager): It's waiving of the rent. 44 January 27, 1994 Mayor Clark: Does any person wish to address that in opposition? Mr. Odio: We recommend it, Mr. Mayor. Mayor Clark: In opposition? Commissioner Plummer: Let me ask, what do you feel that we'll be getting in return for a value? Because the problem I have is this is a profit -making... Mr. Odio: We believe we're going to get a booth, and we're going to get exposure in all 12 cities. Commissioner Plummer: OK. You feel that it's off balance, off center? Mr. Odio: That it is. Commissioner Plummer: I'll move item number 3, Mr. Mayor. Mayor Clark: Is there a second? Commissioner De Yurre: Second. Mayor Clark: Call the roll. Vice Mayor Dawkins: I have a discussion. Mayor Clark: Yes, sir. lVice Mayor Dawkins: There was, when they talked with me, a cash payment. i Now, I did not hear the Manager tell Mr. Plummer that there would be some cash coming to the City. Mr. Odio: No, they agreed to pay all necessary costs for City services and applicable fees... i Commissioner Plummer: For City services. Unidentified Speaker: Yes, sir. I Vice Mayor Dawkins: What now? i Mr. Odio: ... associated with said event. Vice Mayor Dawkins: What now? Mr. Odio: All fees and all expenses they will pay. The only thing they will not pay is the rental of the building. Vice Mayor Dawkins: So therefore, you get no percentage of any profit that they make? Mr. Odio: We get in return a booth and... Vice Mayor Dawkins: You will get no cash money for any money they make? 45 January 27, 1994 Mr. Odio: No. No, sir. Mr. David Lee Ellison: Mayor Dawkins - Vice Mayor Dawkins, there's no cost for the residents of the City of Miami to go into this event. Commissioner Plummer: And there was also... Vice Mayor Dawkins: OK. How are you going to make money? Mr. Ellison: The organization makes money through a national organization. This is a 12-city tour. It's 208 booths that represent every country in the world. It represents USA Today as a major sponsor, U.S. Air, it represents 208 corporate sponsors. And we, as the organizers, hope when we reach Seattle, there may be some dollars for over five years of effort. But if it doesn't, we still believe it's a noble effort. Commissioner Plummer: Better hope there's no earthquake. Vice Mayor Dawkins: But now, see, I'm just asking for information. Mr. Ellison: Yes, sir. Vice Mayor Dawkins: If you give everybody a booth as you're giving me - free, somewhere along the line, somebody goes in the hole. Mr. Ellison: We only give 12. We only give 12. Vice Mayor Dawkins: Somebody goes in the hole after a while. Mr. Ellison: We only give 12 away. Vice Mayor Dawkins: Oh, OK. Thank you. Mayor Clark: Any further discussion? Mr. Manuel Gonzalez-Goenaga: Well... Mayor Clark: Is there a motion and a second? Vice Mayor Dawkins: Yes, sir. Mr. Walter Foeman (Assistant City Clerk): Yes. Commissioner Plummer: I made a motion, Mr. Mayor. Mayor Clark: Call the roll. Mr. Gonzalez-Goenaga: This is not a public hearing? Mayor Clark: Sir, I'm sorry, but you're jumping from side to side now. Mr. Gonzalez-Goenaga: No, because I cannot jump on top of the other gentleman. 46 January 27, 1994 Mayor Clark: Well, please, continue. Give us your name and your address. Mr. Gonzalez-Goenaga: Yes. My name is Manuel Gonzalez-Goenaga. 227 Santilane. Sometimes, again, the Dade County Jail. Normally, I scrutinize very much all these waiving of fees. Mayor Clark: Yes, I know that. Mr. Gonzalez-Goenaga: But I am going to make an exception. Mayor Clark: Oh. Mr. Gonzalez-Goenaga: Because the way we are living in Miami now with the problem of crime, it's about time we get - we have to give something free. But for the future, we should not set a precedent, especially since it's the public land that's going to be used, and buildings, and it's going to supposedly make a little profit. Thank you very much. Mayor Clark: You make a good point. Thank you, sir. Thank you. Call the roll, Mr. Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-49 A RESOLUTION WAIVING THE RENTAL FEES FOR USE OF AN EXHIBITION HALL IN THE COCONUT GROVE EXHIBITION CENTER FOR THE INTERNATIONAL AMBASSADOR'S FOREIGN EMBASSY TOUR 95 TO BE HELD JANUARY 23 - 25, 1995, SAID WAIVER SUBJECT TO (1) FREE ADMITTANCE TO SAID EXHIBITION FOR ANY SCHOOLS OR STUDENTS; (2) THE PROVISION OF A BOOTH, AT NO COST TO THE CITY OF MIAMI ("CITY"), TO PROMUTE THE CITY AT ALL TWELVE HOST CITIES OF THE TOUR; (3) THE ORGANIZERS (a) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND (b) 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.) 47 January 27, 1994 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 7. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO APPOINT INDIVIDUALS TO SERVE ON THE TAX-EXEMPT PROPERTY STEERING Ca44ITTEE. Mayor Clark: All right. Item 4, into the record we'll read the memorandum. The City's Boards and Committees Review Committee has met several times preparing a report and recommendation to the Commission in connection with the restructuring of our existing City boards. The CBCRC requested our office during its meeting today to notify all members of the City Commission that it would recommend deferral of any upcoming appointments to existing boards or committees until February 17th. Is there a motion to move for deferral? Is there a second? Commissioner Plummer: Under discussion, Mr. Mayor. Vice Mayor Dawkins: Second. Commissioner Plummer: I'll second the motion, but I have to question on this particular, this kind of a board. This is to try to bring income into the City. It's proposed to be a five -member board. It's at no cost to the City. What would be the reason or any justification of this board being deferred? Mr. Cesar Odio (City Manager): It is not a board. Commissioner Plummier: No, I mean a committee, I mean. I'm sorry. Mayor Clark: This is not a board. This is a committee. Commissioner Plummer: I can't envision why they would want a deferment on this. Maybe the others, they need more time to go in-depth into the other committees and boards. You know, I'll go along with it as - how long is deferral requested? Mayor Clark: February 17th. Commissioner Plummer: OK. I'll go along with it, but I just - this is - we're trying to get revenue for the City. 48 January 27, 1994 Mayor Clark: I know, but I appreciate it. Motion to defer. Is there a second? Call the roll. Any exceptions? We cast a unanimous ballot. THEREUPON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY COMNIISSIONER PLUMMER, ITEM 4 WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Willie Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. Mayor Clark: All right. Item number 5. That's been withdrawn. Unidentified Speaker: It's been done already. Commissioner Plummer: 5 is withdrawn. 7... Mayor Clark: Number 6... ------------------------------------------------------------------------------ 8. DISCUSSION CONCERNING REPORT FROM CITY MANAGER REGARDING THE SOUTWAST OVERTOWN / PARK WEST BODED RATING -- DIRECT ADMINISTRATION TO GIVE THE COMMISSION AN UPDATE ON THE OMNI TAX INCREMETr DISTRICT. (See label 11) Commissioner Plummer: Seven, yours, Mr. Mayor. Mayor Clark: Would the City agenda - that's been handled, item number 6. Number 7. Vice Mayor Dawkins: Number 7, Mr. Mayor. Mayor Clark: Mr. Manager. Mr. Cesar Odio (City Manager): Yes. Mayor Clark: Item number 7. Mr. Odio: Yes, sir. Mr. Jack Luft: The item is a report on the Southeast Overtown/Park West Tax Increment District, and the status of the district, the bond ratings and the improvements that are slated for the area. The improvements that are currently on the table that we have commitments for is financing of $1.8 million for 24 new units to break ground in February. For the addition of 49 January 27, 1994 14, Poinciana Village, we have 22 presales on 24 units for that project. They have planned for the spring 91 units, based on those presales for ground breaking in the summer of about $8,000,000. We have a commitment from the Federal Department of Transportation for $2,000,000 improvement to the Ninth Street Mall through the Folk Life Village Overtown section. And of course, we've got the completion of the People Mover, the $200,000,000 project, a completed $3,000,000 expansion of the Saint Johns Townhouse Complex, 35 units, and over $2.5 million for the scattered site rehab improvements that are now completed. The bonds for the Park West project have recently undergone an evaluation by two bond rating firms, Moody and Standard and Poor's. The Moody bond rating service deferred any action on a rating for those bonds for the next few months or six months while they continue to monitor conditions in the district. So that bond status has not changed. Standard and Poor's have just indicated that they have down -rated the bonds based upon the current balance in the tax increment district. We're looking at a $250,000 shortfall this year, and exacerbated next year by the removal of Courthouse Towers from the tax rolls. Mayor Clark: That's a big problem when they remove the Courthouse Tower, because the County bought it. There's no taxes, and it shows that district, the Overtown district, is suffering because of that. Mr. Odio: Yes. Mayor Clark: And whose idea was it to come up and go back and charge the City and the County a minimum charge, even though they don't pay ad valorem taxes, in this Commission? Did it come from this Commission? Vice Mayor Dawkins: This Commission went over and argued with Art Teele up and down, backwards and forward, front and sideways and all, and told Mr. Teele, "If you take this piece of property off of the tax roll, then you do a great injustice to the City of Miami." And I don't know whether it was nine members or 13 members, but all of the Commissioners on the County Commission allowed Commissioner Arthur Teele to get the County to buy this piece of property and say, "The City be damned," and that's what happened. Commissioner Plummer: Well, you see, this is the reason this last committee was to address that very kind of a problem. Mayor Clark: All right. We have... Mr. Odio: We have a plan and... Mayor Clark: You have a plan, I think, Mr. Manager, to bring this back up to... Mr. Odio: Yes, sir. We need to put this on the record. We do have monies in a fund balance to pay the debt service of the bonds for the next five years in the district. Vice Mayor Dawkins: Where is it? Where is it? Where is it? Mr. Luft: We have $2,000,000 contributed by the County. 50 January 27, 1994 Vice Mayor Dawkins: Wait a minute now. Wait a minute. Hold it, hold it, hold it. Mayor Clark: Please, please. Now, he's asking the Manager a question. Vice Mayor Dawkins: I'm talking to the Manager. You take it easy. I'm talking to the Manager. Mr. Odio: We have a fund balance in the district of $2,000,000. Vice Mayor Dawkins: $2,000,000? Mr. Odio: Yes, sir. Vice Mayor Dawkins: What district? Mr. Odio: In the Overtown district. I'm sorry, $4,000,000. Vice Mayor Dawkins: $4,000,000, where? Mr. Odio: In the fund balance of the Overtown/Park West District. Vice Mayor Dawkins: In the Overtown/Park West District. Mr. Odio: Yes, sir. Vice Mayor Dawkins: That money is supposed to remain in the Overtown/Park West District for the development... Mr. Odio: To pay... Vice Mayor Dawkins: No, no, no. For the development of Overtawn/Park West. It's not supposed to go to pay for debts that you incurred by not paying your bill. Mr. Odio: The monies given to us by the County was given to us with the purpose of paying the debt service. Vice Mayor Dawkins: What money? Mr. Odio: The $2,000,000 that we got from the County. Vice Mayor Dawkins: Now, you just told me you got $4,000,000. Now you tell me it's $2,000,000. Mr. Odio: We have $4,000,000, we have total. Mr. Luft: one million... Vice Mayor Dawkins: No, no, no. Mayor Clark: Please, now, one at a time, or we'll get all messed up. Vice Mayor Dawkins: OK. 51 January 27, 1994 Mr. Odio: Look, we have to pay the debt service. The monies there that are in that fund balance have to pay the debt service. If not, the City will have to make good on it. Vice Ylayor Dawkins: OK. Now, this money that's in the Overtown fund balance, are you stealing it, are you borrowing it, or are you taking it? Mr. Odio: We are going to pay the debt service of the district... Vice Mayor Dawkins: OK. Mr. Odio: ... from the monies that are earmarked for the district. Vice Mayor Dawkins: Are you taking the money from the fund or are you borrow... Mr. Odio: Yes, sir. Vice Mayor Dawkins: So you're taking it? Mr. Odio: We're going to pay the debt service from that fund. Vice Mayor Dawkins: OK. Then, therefore, you're taking the money. Mr. Odio: Yes, sir. Vice Mayor Dawkins: And no money will be replaced, so there will be no money put back in its place. Mr. Odio: No. There is a cash flow deficiency. We are not going to take the whole amount. We have monies coming into that fund every year. Vice Mayor Dawkins: But you're taking... Mr. Odio: What you will have to make up is the deficiency that was created by pulling the Courthouse building out. Vice Mayor Dawkins: Took out the taxes. Vice Mayor Dawkins: But you are still taking money... Mr. Odio: From the fund. Vice Mayor Dawkins: ... from the Overtown/Park West fund... Mr. Luft: From the principal. Vice Mayor Dawkins: ... which the agency that was run by Mr. Bailey, which you guys just finished examining and running a crosscheck on and saying he was stealing money, now you find $4,000,000 that he didn't steal that's left there, and now you're going to steal it. Mr. Odio: I don't know what you're talking about, Commissioner. 52 January 27, 1994 Vice Mayor Dawkins: OK. Well, I know what I'm talking about. Are you - you still have not answered my question. Are you taking the money or are you borrowing the money from this fund? Mr. Odio: We will take the money from that fund to pay the deficiency of any of the debt service payments when we have to make them. Vice Mayor Dawkins: So therefore, those people in that area who thought they had $4,000,000 to develop their area and do things in their area that the federal government gave us, HUD (Housing and Urban Development) gave us the money to do, will not have it. You're going to take it to pay a deficit. Mr. Odio: If you don't take it from that fund, the $500,000 a year we need for the next five years to make up the Courthouse building, then it would have to come from the general fund. Vice Mayor Dawkins: You know... Mr. Odio: So it's up to you, Commissioner. Vice Mayor Dawkins: No, no, no. If I were the Manager, it would be up to me. I'm not the Manager. Mr. Odio: Well, the Manager has to protect the City's interest, and I would recommend that we take it from the fund of the district. Vice Mayor Dawkins: OK, hold it now, hold it. Hold it, now. You hold it. But, you see, every time you tell me that you have a balanced budget. OK? Then you come up and you sell tax anticipated bonds to balance your budget. You borrow from this fund to balance your budget. But now, you're not borrowing from anything to balance your budget. You're just going to take money from Overtown/Park West, but in anywhere else in the City of Miami where there's a deficit, you borrow money. And if the people out there in Overtown allow you to do this, then they deserve it. But you cannot - I'm not going to vote for you to take money from Overtown/Park West that's there to develop that area to pay a deficit. Mayor Clark: I believe, Mr. Dawkins, in all fairness, that the money in there, it's partially to go to pay for some of the bonds; is that right? Mr. Luft: Correct. Commissioner Plummer: What created the debt? Mr. Luft: There is $1,000,000 in debt service reserves; there is $1,000,000 in cash reserves; and there's 2,000,000 from the County to contribute toward debt service payments. Mayor Clark: All right. Let's hear from this gentleman right here. Mr. Donald F. Benjamin: Mr. Mayor and Commissioners, my name is Donald F. Benjamin. 53 January 27, 1994 Commissioner Plummer: Brother Ben. Mr. Be jamin: I live n Overtown, and I have lived there for many years. I have been a member of the Overtown Advisory Board for many years. I've served on the Planning Advisory Board of the City of Miami for many years, and I am concerned about this discussion here with respect to the Southeast Overtown/Park West project. I think it would be useful, Mr. Mayor and Commissioners, if this Commission or the City Manager can arrange for a public meeting in Overtown to explain to us in Overta m what is really happening with the tax increment financing district and the development trust funds. And that is my request to you today. Thank you. Mayor Clark: Thank you, sir. Any further comments, any further discussion? Commissioner Plummer: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Plummer: Let me ask one other, and I'll ask that it be done at the next meeting. I'm getting a little concerned about the tax increment in the Omni district. Now, none of that money has been put aside. The County is going to be looking for - the County is going to be - I know you haven't signed an agreement, but people are expecting money for the performing arts. No money has been collected. They're going to be looking to the City for dollars. I would like to have an update at the earliest Commission meeting so when the County comes knocking on the door wanting that money for the performing arts, and we're going to tell them the cupboard is bare - I just want an update, please. Thank you, Mr. Mayor. Mayor Clark: Mr. Gort, you're recognized. Commissioner Gort: Thank you, Mr. Mayor. My question is, my understanding is $2, 000, 000 was paid by the County because of the Courthouse being taken off the payroll (sic). Mr. Odio: Yes, sir. Commissioner Gort: My understanding also is that the payroll (sic) from the Courthouse is $250,000 a year. Mr. Luft: Ad valorem tax is three... Mr. Odio: Three hundred and... Commissioner Gort: The ad valorem tax is 250, equivalent to two. Mr. Odio: Yeah, something like that. Commissioner Gort: So in other words, those $2,000,000 would pay for five years for that deficit. Mr. Luft: That's correct. Commissioner Gort: My understanding is we have to have a reserve, a debt reserve of $1,000,000, that was done for the original issue. 54 January 27, 1994 Mr. Luft: That's right. We still have that. Commissioner Gort: So that makes it $3,000,000. So the fourth million, where is that from? Mr. Luft: That's $1,000,000 in cash reserves for the project from past tax increment. Mr. Odio: That's right. Commissioner Gort: OK. So you have three. Mr. Luft: Three dedicated to debt service. Commissioner Gort: That it was not part of the pot that Miller Dawkins was talking about and they were talking about to take care of the debt services. Mr. Luft: Correct. Commissioner Gort: Now, my understanding is, I received a letter that the whole debt is going to be restructured. Mr. Odio: We are going to do that, sir. Mr. Luft: We're trying, we're looking at a... Commissioner Gort: And that might make it a little easier. So, OK. My suggestion is for the next meeting, as long as when you bring the information for the Omni... Mayor Clark: Bring the plan back. Commissioner Gort: ... bring all this down for this site also, for Overtown. Thank you. Thank you, Mr. Mayor. ------------------------------------------------------------ ----------------- 9. (Continued) DISCUSSION CONCERNING PROPOSED RESOLUTION TO AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) -- CONSISTING OF DEVELOPMEDf.P OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCIIT,ARY MARINE -RELATED USES ON APPROX. 4.3 ACRES OF CITY - OWNED WATERFRONT PROPERTY (AT 3501 RICIMNBACiER CAUSEWAY). (See labels 2B & 3). ------------------------------------------------------------------------------ Commissioner Plummer: Mr. Mayor, before you conclude the regular agenda, may I ask a question for clarification? In your motion in reference to Virginia Key, was it incorporated in your original thinking, that if we did not get three successful, or if we did not get three bidders that it would automatically be taken over by the City? Was that part of your... Mayor Clark: It would come back to the City. That was the preface of the statement this morning, yes, sir. 55 January 27, 1994 OIA Commissioner Plummer: That was part of the motion. Mayor Clark: Yes, sir. Commissioner Plummer: Thank you, sir. Commissioner Gort: Also, Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: A point of clarification. My understanding also is we can reject all bids so... Commissioner Plummer: You always reserve that right. Mayor Clark: You have that right. Commissioner Plummer: The only, Mr. Gort, the only problem that you have, and I think somebody needs to explain to you, the evaluation committee recommends to the Manager. The Manager then recommends to us. We cannot go back to the evaluation committee. OK? Commissioner Gort: Thank you. Mayor Clark: All right. Now on this item, item 7, do we have a motion? Commissioner Plummer: What would be the motion, Mr. Mayor? Mayor Clark: Any motion? Just discussion? Fine. Now, that's the end of it. ------------------------------------------------------------------------------ 10. ALTAC.ATE $50,000 FOR MIAMI FILM FESTIVAL, SUBJECT TO: (a) FREE TICPWTS BEING ISSUED TO INNER CITY CHILDREN, AND (b) NO MONEY TO BE USED FOR FOOD OR BEVERAGES. Mayor Clark: Now, Mr. De Yurre, you have something here. Commissioner De Yurre: Yes, sir, Mr. Mayor. We have the Miami Film Festival caning up, the eleventh Miami Film Festival, and we have some friends of the film festival that would like to make a request from the City, if they could just cane up quickly to the microphone. Commissioner Plummer: Well, it's the end of this agenda. Commissioner De Yurre: It seems like they need about $50,000 from us. Mr. Odio, have you been able to identify where we could find it? Mr. Odio: Yes, sir. Yes, sir. Commissioner De Yurre: So the money is available to give them the $50,000. 56 January 27, 1994 Comissioner Plummer: How much? Mr. Odio: Yes, we have. We have been a sponsor of the film festival since its inception, and at a higher amount. This would be half of what we've been doing. Mayor Clark: Do you want to speak on this item? (INAUDIBLE CAI') Mayor Clark: All right. Commissioner De Yurre: OK. I would move, just to expedite this, I would move that we approve the $50,000 contribution to the Miami Film Festival. Mayor Clark: Is there a second? Commissioner Plummer: Second the motion, with discussion. Mayor Clark: All right. Discuss. Commissioner Plummer: As we have funded it in the past, I have not seen a budget. Has anybody presented us with a budget? Has anybody made a provision, as in the past, that we get " X" number of free tickets for inner city kids? Unidentified Speaker: Yes. Commissioner Plummer: Well, I haven't seen any of this, sir. I would want a guarantee, Mr. Manager, that we have provisions of free tickets - none for the City Commissioners, so that nobody gets any misunderstanding - that "X" number of tickets must go for inner city kids, to be made available to attend those performances. Whatever it was in the past, Mr. Manager, I would expect it would be no less at this particular time. I would move that the approval be subject to a budget; that none of this money can be used for food or beverage; that it must go into advertising for the event. Mayor Clark: All right. Do you make a motion to that effect? Commissioner Plummer: Mr. De Yurre did, and I seconded it, sir. 57 January 27, 1994 Mayor Clark: All right. Call the roll, Mr. Clerk. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-50 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50, 000 FROM THE METRO-DADE TOURIST BED TAX, IN SUPPORT OF THE 1994 ANNUAL MIAMI FILM FESTIVAL TO BE HELD AT THE GUSMAN CENTER FOR THE PERFORMING ARTS ON FEBRUARY 4-13, 1994; SAID ALLOCATION SUBJECT TO THE ORGANIZERS: (1) SUBMITTAL OF A BUDGET TO THE CITY OF MIAMI ("CITY") ADMINISTRATION; (2) PROVISION OF TICKETS TO INNER CITY CHILDREN FOR THE PERFORMANCES; (3) NOT USING CITY FUNDS FOR FOOD OR BEVERAGE; AND (4) COMPLIANCE WITH ANY OTHER 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.) 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 11. (Continued discussion) CLARIFICATION COMMM 1'S CONCERNING REPORT FROM CITY MANAGER REGARDING SOUTHEAST OVERTOWN / PARK WEST BOND RATING. (See label 8.) Vice Mayor Dawkins: Mr. Mayor, a point of information, please. What happened with 7? Mayor Clark: 7, we just - it was just a discussion. Commissioner Plummer: It was a discussion only, Miller. Vice Mayor Dawkins: All right. So we discussed it and nothing's going to be done with it. Mayor Clark: The Manager is coming back in the next meeting with a plan of how we're going to replace that money immediately. All right? 58 January 27, 1994 Vice Mayor Dawkins: OK. That's what I needed to know. Mayor Clark: Very good. ------------------------------------------------------------------------------ 12. CHANGE START TIME OF CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR FEBRUARY 24, 1994. Mayor Clark: On the - we need a motion on the February 24th zoning hearing that we set the meeting for 4 o'clock, not 9:00 o'clock, and come down and have to go back at 4 o'clock. Is there a motion to that effect? Commissioner De Yurre: Move it. Mayor Clark: Second? Seconded. Is there no exception? A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, 4:30. Mayor Clark: 4:30. Cast a unanimous ballot, Mr. Clerk. Commissioner Plummer: Well, wait a minute. Tell me again very quickly. Mayor Clark: Well, we came down this morning for nothing. Commissioner Plummer: Yeah. On the February 24th... Mayor Clark: Yes, sir. Commissioner Plummer: ... you're moving it from the 9 a.m. to the 4:30. Mayor Clark: Yes, so we don't... Commissioner Plummer: OK. Fine. Mayor Clark: Very good. Commissioner Plummer: Just wanted to understand. Mayor Clark: OK, Sergio. 4:30. Commissioner Plummer: That's fine. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLLTTION NO. 94-51 A RESOLITTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF FEBRUARY TO TAKE PLACE ON FEBRUARY 24, 1994 AT 4:30 P.M. 59 January 27, 1994 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, 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 NOES: None. ABSEN`r: None. Mayor Clark: The zoning hearing. We are only an hour late, but we'll catch up. Vice Mayor Dawkins: If you keep J.L. Plummer quiet. MINUTES OF PLANNING AMID ZONING MEETING OF THE CITY COMMISSION OF MIAMI, EWRIDA On the 27th day of January, 1994, 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 5:34 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark Sergio Rodriguez, Assistant City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, Assistant City Clerk Cesar Odio, City Manager Matty Hirai, City Clerk 60 January 27, 1994 ------- ---------------------------------------------------------------------- 13. DISCUSS AND CONTINUE (TO FEBRUARY 24, 1994) CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL ZONING BOARD'S REVERSAL OF ZONING ADMINISTRATOR'S DECISION WHICH REVOKED CERTAIN BUILDING PERMITS RESULTING FROM FAILURE OF APPLICANT TO MEET PREVIOUSLY IMPOSED CONDITIONS IN CONNECTION WITH PROPOSED CHINA70M PROJECT (1825 N. Biscayne Blvd. / 320 N.E. 19 Street). (Applicant: Isaac Shih for Miami Chinese Community Center. Appellant: Dade Heritage Trust, Inc.) ------------------------------------------------------------------------------ Mayor Clark: Item number 1, PZ-1 has been withdrawn, Mr. Attorney, PZ-2. Commissioner Plummer: Excuse me, was it withdrawn or deferred? Ms. Adrienne Friesner-Pardo: We are asking for a deferral until February 24th. Mayor Clark: Well, it's got withdrawn in here. Mr. Sergio Rodriguez (Assistant City Manager): It's a continuance. Commissioner Plummer: There is a big difference between the two. Vice Mayor Dawkins: So moved. Mayor Clark: Please give us your name for the record. Ms. Friesner-Pardo: My name is Adrianne Friesner-Pardo, with law offices at 1221 Brickell Avenue. Mayor Clark: All right, and this is on the Chinatown Project. It has been deferred. Ms. Friesner-Pan o: That's correct. Vice Mayor Dawkins: Moved. Mayor Clark: Any second? Is there any date on this at all? Ms. Friesner-Pardo: February 24th at your request. Mayor Clark: All right. Mr. Rodriguez: February 24th. Commissioner Plummer: For the record, Mr. Mayor, I'm telling the applicants once again... Mayor Clark: Come up with the money. Commissioner Plummer: If you don't find parking for this vote, don't cane back. Can't have it any clearer. 61 January 27, 1994 r ;a� Ms. Adrianne Friesner-Pardo: It is noted. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Thank you. Yes. Commissioner De Yurre: Mr. Mayor, just for... why don't we give this some finality. Of the 24th, either we deal with the issue and drop it, because it's a continuing thing. Next time he won't be in China, he'll be in Istanbul. You know, and he won't appear. So, I'll like to give some finality, the next meeting that comes up, that's it, do or die. Ms. Friesner-Pardo: OK, it's noted. Commissioner Plummer: I have no problem. Mayor Clark: All in favor of the motion, signify by saying "Aye," opposed, like sign. So ordered. It's been postponed until February the 24th. Ms. Friesner-Pardo: Thank you very much. Mayor Clark: Thank you, ma'am. THEREUPON MOTION OF VICE MAYOR DAWKINS AND SECOND BY COMMISSIONER GORT, ITEM PZ-1 WAS CONTINUED TO FEBRUARY 24, 1994. ------------------------------------------------------------------------------ 14. GRANT SPECIAL EXCEPTION TO ALU)W CONVERSION OF RESIDENTIAL STR[)MMS TO AN ADULT CONGREGATE LIVING FACILITY (ACLF) AT 2100-2110 N.W. 28 STREET, SUBJECT TO CONDITIONS. (Applicant: Catalina B. Calderon.) Mayor Clark: PZ-2. Ms. Lourdes Slazyk: For the record, I'm Lourdes Slazyk, from the Planning, Building and Zoning Department. PZ-2 is a request for a special exception. Vice Mayor Dawkins: Mr. Mayor, what is the Manager's recommendation? Ms. Slazyk: For approval. Vice Mayor Dawkins: I move. So moved. Commissioner Plummer: Second. Mayor Clark: Please, could I hear a little about this? Please. Commissioner Plummer: Oh, I'm sorry. Vice Mayor Dawkins: Sure. 62 January 27, 1994 Mayor Clark: Go ahead, please, say something. Ms. Slazyk: All right, this is a request for a special exception to allow the conversion of a residential structure into an adult congregate living facility. Mayor Clark: That's all I have to have. Ms. Slazyk: All right. Commissioner Plummer: This is not tax-exempt? Mayor Clark: This is a public hearing. Commissioner Plummer: This is not tax-exempt. Mr. Sergio Rodriguez (Assistant City Manager): I don't know. Ms. Slazyk: I'm not sure. Commissioner Plummer: We re not taking another tax off the rolls. Mr. Rodriguez: I want to ask the applicant. Commissioner Plummer: Am I right or wrong? Mr. Rodriguez: Ask the applicant on that. Commissioner Plummer: You are not looking to be tax-exempt. Unidentified Speaker: We never applied for it. Mayor Clark: Please, please, now just a moment. Who is Catalina Calderon? Would you please come forward? Now, why are you making this presentation, ma'am, for the city? Ms. Slazyk: I'm the staff member. Mayor Clark: But, doesn't she make the presentation? Commissioner Plummer: No, sir. Mayor Clark: From now on, let me tell you the procedure on this so you will have everything all straight. The petitioner or the appellant makes the first argument. The item is read into the record so that everyone can understand. The petitioner or the appellant makes the first presentation. The opposition, whoever they may be, has time to rebut what's said, then it goes back to the petitioner for a two minute rebuttal. Then we close the public hearing, we are not going to have arguments back and forth, and back and forth or we'll never get out of here. That's the proper way to run a meeting, and that's what I'm going to do here. Commissioner Gort: Mr. Mayor. 63 January 27, 1994 Mayor Clark: Ma'am. Commissioner Gort: Mr. Mayor. Ms. Catalina Calderon: Yes, sir. Mayor Clark: Didn't she not make the application? Ms. Slazyk: Yes, sir. Mayor Clark: Well, shouldn't she identify herself? Ms. Slazyk: Yes, sir. If you would. Mayor Clark: Please give us your name and address for the record. Ms. Calderon: My name is Catalina Calderon, 2825 S.W. 129th Avenue, Miami. Mayor Clark: And this lovely lady is going to make the presentation for you. Is that right? For the adult congregate living... Ms. Calderon: No. Ms. Slazyk: No. Mr. Rodriguez: Mr. Mayor. Ms. Calderon: She is from the City. Commissioner Plummer: This is staff. Mr. Rodriguez: Mr. Mayor. Mayor Clark: If anyone is going to testify here today in the Zoning hearing... You don't have to testify. You don't have to stand up. Stand up and be sworn by the Clerk, would you. If you are going to testify in the Zoning hearing, stand up and be sworn by the Clerk, including you people right here. Commissioner Plummer: In general, or per item, that's usually they way we do it. Mayor Clark: Well, get them all right now, and that's all over. Please raise your right hand. Commissioner Plummer: My question, Mr. Mayor, was that this is not tax- exempt, nor is it anticipated to be tax-exempt. Is that a true statement or not? Ms. Calderon: No, I have not asked for tax -exemption, no. Commissioner Plummer: You have not what, ma'am? 64 January 27, 1994 Ms. Calderon: I did not ask for any tax -exemption. Commissioner Plummer: That's on ad -valorem taxation, and you will not ask for any tax -exemption? Ms. Calderon: No, sir. Commissioner Plummer: OK. Mayor Clark: All right, do we have opposition on this item? Public hearing is closed. Pleasure of the Commission. Mr. Plummer. Commissioner Plummer: We moved it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll, Mr. Clerk. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-52 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD IN GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW THE CONVERSION OF RESIDENTIAL STRUC URES TO AN ADULT CONGREGATE LIVING FACILITY (WHICH IS A TYPE OF COMMUNITY -BASED RESIDENTIAL FACILITY) FOR A TOTAL OF THIRTY-SEVEN (37) RESIDENTS AMID ONE (1) EMPLOYEE; REQUESTING A REDUCTION OF THREE (3) REQUIRED PARKING SPACES FROM THE TEN (10) REQUIRED PARKING SPACES, PER ARTICLE 9, SECTION 934.2.2.5 OF THE ZONING ORDINANCE, SUBJECT TO CITY COMMISSION APPROVAL, FOR THE PROPERTY LOCATED AT 2100-2110 NORTHWEST 28TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL PER PLANS ON FILE, SUBJECT TO THE FOLLOWING CONDITIONS: (A) A COPY OF THE HEALTH AND REHABILITATIVE SERVICES (H.R.S.) LICENSE ISSUED TO THE APPLICANT SHALL BE RECEIVED BY THE CITY OF MIAMI; (B) THE VISITATION POLICY AND THE STAFF PARKING POLICY SHALL BE REVIEWED AND APPROVED BY THE CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT; (C) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; AND (D) THE BACKING OF CARS INTO THE RIGHT-OF-WAY SHALL BE PROHIBITED. 65 January 27, 1994 (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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Excuse me. What are the staff recommendations? Are the conditions that you want to apply... Mr. Rodriguez: The staff recommendation is for approval subject to the conditions which are in the package that you have in front of you. Commissioner Plummer: Have they agreed to the conditions? i Ms. Slazyk: Yes, they have. They have submitted a letter. i Commissioner Plummer: You understand the conditions? Then I vote, yes. i i I ------------------------------------------------------------------------------ i 15. OFFICIALLY CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF THAT PORTION OF N. . 4 COURT FRCM N.W. 10 STREET TO N.W. 11 STREET -- FOR APPROVAL OF TENTATIVE PLAT N0. 1423-A "JEFFERSON REEVES HEALTH CENTER SUBDIVISION" AT 1009 N.W. 5 AVENUE. (Applicant: City of Miami.) ------------------------------------------------------------------------------ Mayor Clark: All right, item number 3. What is the staff recommendation and presentation? Is that the way you handle it? OK. Commissioner Plummer: Yeah. Mr. Jim Kay: In this case, Mr. Mayor, the City is the applicant. For the record, I'm Jim Kay, Public Works. Commissioner Plummer: Move it. Mayor Clark: Wait a minute, please, J.L. Vice Mayor Dawkins: Second. Mayor Clark: We got an opponent here or something, let's see. Are you opposing this, sir? 66 January 27, 1994 Reverend John White: No, sir, no. Mr. Kay: Well, get sane information on this so that it's into the record. Mr. Kay: OK. This is... Reverend White: We would like to speak on it, Mr. Mayor. Mayor Clark: ...a public hearing for the vacation and closure of N.W. 4th Court in connection with the Jefferson Reeves Health Center Subdivision. It comes as a recommendation from staff and the Plat and Street Committee. Mayor Clark: Give us your name, please, for the record. Reverend White: Reverend John White, 245 N.W. 8th Street, the chairperson of the Planning Committee for the Jefferson Reeves Health Center. Mayor Clark: Are you in favor of this, Reverend White? Reverend White: Yes, sir. Mayor Clark: Public hearing is closed. Commissioner Plummer: Mr. Mayor, for... Under question. Reverend White: Mr. Mayor, before you close it, I have another point that I'd like to raise, if it's possible with the Commission, to help us and assist us about this situation. Mayor Clark: Go ahead. Reverend White: Mr. Mayor, and Commissioners, as you know, the State has given Overtown Community $2.3 million dollars to build a state of the art health center. This is the project that is before us. We have some restraints that's on us, if we don't spent the money by a certain time, the State may not refund the sources by the legislature. our predicament at this time, the plans in the Building Department, subject to approval of your action today, which has tended to hold us up from getting started. We would like to request that we can get the Building Department to move on the plans, and give us the CO (Certificate of occupancy) at a certain later date so that we can move on the project. Commissioner Plummer: The resolution is effective immediately, sir. Reverend White: Thank you, sir. Commissioner Plummer: I have two questions. Reverend White: Sure. Commissioner Plummer: Number one, in fact, if this is ever vacated, it reverts back to the City. Reverend White: Yes, sir. 67 January 27, 1994 Cammi.ssioner Plummer: And, number two, they are the landowners of record of both sides of the street. i Mr. Kay: The City of Miami, right now, is the landowner. They are the I applicant in this case. Commissioner Plummer: OK. But, once this is turned over, they will be on both sides of the street? Mr. Kay: Right. Commissioner Plummer: OK. Thank you. Mayor Clark: Would you get the vote, Mr. Clerk? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-53 A RESOLUTION, WITH ATTACINT (S) , OFFICIALLY CLOSING, VACATING, ABAIMONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHWEST 4TH COURT FROM NORTHWEST LOTH STREET TO NORTHWEST 11TH STREET, AS PROVIDED IN CITY OF MIAMI CODE SECTION 54.5-16 AND AS A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1423-A "JEFFERSON REEVES HEALTH CENTER SUBDIVISION", SUBJECT TO THE REQUIREMENM OF THE PLAT AND STREET COMMITTEE FOR THE PROPERTY LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED AND SET FORTH IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN. (Here follows body of resolution, anitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, 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 NOES: None. ABSENT: None. 68 January 27, 1994 Ms. Reddick: Good afternoon, Mr. Mayor, and Commissioners, I'm Lolucile Reddick, 517 N.W. loth Street, opposite of the Reeves Health Center. I would like... I do not oppose, and I would like to ask a few questions. Would there be any employment for this community? And what type of health care will the patients get? Mayor Clark: Well, we are not involved in that? Are we? Commissioner Plummer: No, we are not involved. Mayor Clark: Who is? Vice Mayor Dawkins: Ma'am, that's... You call my office and I will see that Reverend White and the State Board of Health, who is behind this, and Mr. Ira Clark, I' 11 see that they set up a meeting so that you, and the rest of the citizens can be explained fully of what it is. Ms. Reddick: Thank you. Vice Mayor Dawkins: If you go to my office right now, and tell them I said to set up an appointment. Mayor Clark: Thank you, ma'am. Ms. Reddick: Thank you. ------------------------------------------------------------------------------ 16. FIRST READING ORDINANCE: AMEND FUIURE LAND USE MAP OF ORDINANCE 10544 (MCNP) -- CHANGE LAND USE DESIGNATION AT 3710-3712 S.W. 26 TERRACE FROM RESIDENTIAL DUPLEX TO RESTRICTED CM01CIAL. (Applicants: M. & A.W. Liggio and L.G. Hoyos.) ------------------------------------------------------------------------------ Mayor Clark: Item number 4. Yes, sir. OK, from the staff on item number PZ- 4. Mr. Roberto Lavernia: PZ-4 and PZ-5 are related. It is the same address. PZ-4 is a petition for a change in the future land use map. Mayor Clark: Not for my edification, but edification of the public watching this program and the people in the audience, give us your name and your title, please, sir. Mr. Lavernia: For the record, Roberto Lavernia, Planning, Building and Zoning Department. Mayor Clark: All right, sir. Mr. Lavernia: Do you want to hear both at the same time? Mayor Clark: Well, if you can give us both recommendations. 69 January 27, 1994 Mr. Lavernia: OK. The recommendation of the department is denial in both cases. The Department contends that increased density with the possibility of more intense commercial use intruding into the existing low density residential neighborhood created by this amendment, are not consistent with the pattern for the area. Mayor Clark: All right, thank you, sir. For the record, give us your name. Commissioner Plummer: Mr. Mayor, may I inquire, please? Mayor Clark: Sure. Commissioner Plummer: Why do I recall a grocery store we approved just to the north of this? Mr. Sergio Rodriguez (Assistant City Manager): That's correct. Mr. Lavernia: Yes. Commissioner Plummer: Now, what are they asking for, the same thing? Mr. Lavernia: Yes, sir. Mr. Rodriguez: These are the owners... Commissioner Plummer: Isn't it commercial now? Mr. Rodriguez: No. Mr. Lavernia: No, it's an apartment building and they are going to use that lot for parking. Commissioner Plummer: So, they are asking to use... What they are asking us is to change it for parking, conditional use? Mr. Rodriguez: No, they are asking us to change it for commercial zoning. Commissioner Plummer: Why can't they apply for conditional use? Mr. Rodriguez: They cannot apply for conditional use in this particular case, they can apply... Commissioner Plummer: You know, that was one of the big mistakes we made in the new 11000, a big mistake. Conditional use, we can apply any kind of things we want to apply to it. We are forcing people to came in and take a zoning they don't want, that the neighbors are scared to death of. And, I'll tell you something, I'm ready, at any time this Commission wants to make a motion, we go back and study that issue. Because, you know, I'm sure they... The only thing they are looking for is parking. Mr. Rodriguez: In the meantime, if you want to deal with that particular issue you have now, maybe the applicant might be able to proffer, voluntarily, a covenant that they will use this for parking only. And that will take care of your concerns at this point. 70 January 27, 1994 Mayor Clark: Can that be done at this meeting? Mr. Rodriguez: They can offer in the first reading, and by the second reading, if they voluntarily offer a covenant, which we'll have it, and would review it before you. Mayor Clark: All right, give us your name for the record, please. Mr. Lazaro Milton: My name is Lazaro Milton, I live on... I have my office on 2700 S.W. 23rd Terrace. Like the... Roberto was saying, the purpose of this property is to be used for parking facility for the building, additional parking, for what we got actually right now. So, the reason we applied for the change of zoning is because it reads that way in the ordinance. And so, we do not have any problem accepting the covenant. Mayor Clark: All right, let's do that. Mr. Plummer, along with your expertise, and the Attorney, would you construct the covenant right quick here so we can do that. Commissioner Plummer: Well, we make it subject to it, Mr. Mayor. I would... Is there any... Did you close the public hearing? Mayor Clark: No, not yet. Are there objectors on this item? Item number 4 or 5? We'll have to act separately, I'm pretty sure on each one of them. Mr. Milton: I would like to add something to my petition. I mean, the property that I have right now that the subject to this application is a duplex lot, and I would like to use the two units that I can put on that building to add it on the existing building on the construction. Commissioner Plummer: I don't understand that. Commissioner Gort: He wants to use the gross area in order to build, but he would write a covenant just to use it for parking. Commissioner De Yurre: It is an existing duplex lot, and he gives up the duplex ability and he's just going to use it for parking, but with a covenant. Mr. Milton: Right. Commissioner Plummer: But, what is it he is going to use in the square footage? Did you understand? Mr. Rodriguez: My impression was that he wants to preserve the right to use the square footage for residential, future residential... Mr. Milton: Yeah. Mr. Rodriguez: ...somewhere in the building. Is that correct? Mr. Milton: So, the whole can... Commissioner Plummer: Then he gives up the conditional use. 71 January 27, 1994 Mr. Milton: The entire property is going to be used for parking. But, as it is right now, there is a duplex on the property... Commissioner Plummier: Is coming down? Mr. Milton: Right, so, these two additional units, if I may use it in the... in my complex, I would like to have the use of that. Commissioner Gort: I don't think there is any problem. I think that in the change of zoning with the covenant... Commissioner Plummer: Did you understand that? Commissioner Gort: ...the covenant, what it is doing is restricting you to use it for parking. But, you can still use the whole lot area for your calculation. Mr. Milton: Yes, sir. Commissioner Plummer: Well, let me tell you, sir, what I'm going to make a motion. The layout of your parking is subject to Planning... Zoning approval. I am concerned that there are residences behind you, that you will comply with all of the requirements of landscaping... Mayor Clark: Setbacks. Commissioner Plummer: ...drainage, setbacks, walls, and whatever else is far as the Department recommends. It is subject to their site approval of landscaping, and all other activities. I would suggest, what time does your grocery store close at night? Commissioner Gort: It's not the grocery. Commissioner De Yurre: It's not his. Mr. Rodriguez: That is not it. Unidentified Speaker: The grocery is across the street. Commissioner Plummer: What... All right, what is this going to be conditional use for what? What kind of an activity? Mr. Milton: This property is behind the apartment building that I am constructing right now. Commissioner Gort: It's additional parking for the apartment building. Ccnmi.ssioner Plummer: For the apartment, all right, OK. Mayor Clark: With that accepted, is it a motion? Commissioner De Yurre: So moved. 72 January 27, 1994 Mayor Clark: No objectors present? Public hearing is closed. Motion and a second, call the roll. Commissioner Plummer: Now, excuse me, Mr. Mayor, they know... Mayor Clark: On the floor. Commissioner Plummer: ...they know that it is subject to you proffering a covenant to the department prior to the second hearing. Mayor Clark: That's right. Very good. Joel Maxwell (Assistant City Attorney): Mr. Mayor, that would be... Mr. Mayor, that would be... the covenant would be for item number five, which is the companion item to this. What you have before you is to vote now on the carp plan. Commissioner Plummer: OK. Mayor Clark: Let's work with number four first. Commissioner De Yurre: Move number four Mayor Clark: Please, do number four first. Moved by Mr. Plummer, subject to the conditions named. Seconded by Mr. Gort. Call the roll. AN ORDINANCE AMMING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMEDIDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, BY CHANGING THE LAND USE DESIGNATION FROM RESIDENTIAL DUPLEX TO RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT 3710-3712 SOUTHWEST 26TH TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; DIRECTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Canenissioner De Yurre and was passed on first reading, by title only, 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 NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Ccmmission and to the public. 73 January 27, 1994 ------- -------------- --------------------------------------------------------- 17. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 3710-3712 S.W. 26 TERRACE FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: M. & A.W. Liggio and L.G. Hoyos.) ------------------------------------------------------------------------------ Mayor Clark: Number five. Commissioner De Yurre: Move five. Moved. Mayor Clark: With the same conditions, Mr. Plummer? Commissioner Plummer: Yes, sir. Mayor Clark: Same conditions. Seconded by Mr. Gort. Commissioner Plummer: Subject to... Subject to the covenant. A. Quinn Jones III, Esq. (City Attorney): Also showing, if you will, Mr. Mayor, an effective date of this ordinance, there is a typographical error, it should show 90 days effective date. Mayor Clark: Right on. Correct. Call the roll. 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, SCHED= OF DISTRICT REGULATIONS, FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3710-3712 SOUTHWEST 26TH TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Plummer and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummier, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 74 January 27, 1994 Mr. Milton: Thank you very much, Commissioners. ------------------------------------------------------------------------------ 18. DENY PROPOSED FIRST READING ORDINANCE TO AMEND FUTURE LAND USE MAP OF ORDINANCE 10544 (MCNP) AT 2037 SECOFFEE STREET F X14 SINGLE FAMILY RESIDENTIAL TO OFFICE. (Applicant: Thomas L. & Bernice Tatham for Tat Co.) Mayor Clark: Item number 6. Ms. Lourdes Slazyk: OK. PZ-6 and 7 are also companion items, would you like to hear the presentation together? Mayor Clark: Why not, go ahead. Ms. Slazyk: OK. The PZ-6 and 7 are... they are requesting a change of land use and zoning for property located at 2037 Secoffee. The Planning, Building and Zoning recommendation is for denial. The current land use designation of the property is single family residential, and the zoning is R-1 with an SD-18 overlay district. The request is to change the designation of zoning and land use to office, and also to remove the SD-18 overlay from the entire lot. The SD-18 overlay district requires that a minimum lot size within the district be 10,000 square feet, and that the minimum lot width be 100 feet. The district was created specifically to protect unique residential character of this neighborhood. The property is located immediately to the south and east of an office designated area. The purpose of this request is to change the land use and zoning so that they can expand the parking for that office use on to the subject property. To achieve this, like I said, they need to remove the SD-18 overlay and change the zoning and land use of the north half of the subject property only. The recommendation is for denial finding that this would... has a possibility of increasing the density of the area and encroaching into stable single family neighborhood. Mayor Clark: All right, thank you. For the record, please, sir. Mr. Robert H. Traurig: Thank you, Mr. Mayor, my name is Robert H. Traurig, I'm the attorney at law, with offices at 1221 Brickell Avenue. I'm joined here by my associate Adrianne Pardo. And we are here to represent the applicant, but also the affected party. The applicant is Tat Company, which is the Tatham Company. The affected party is Key Investment Limited, which is an affiliate of Financial Data Planning Corp., which is the owner of the contiguous property. And let me point out to you, or have Ms. Pardo point out to you, that they are the owners of the property that starts on 22nd Avenue, and continues eastward along U.S. 1. That would be on the south side of U.S. 1 and east of 22nd Avenue. We are joined here today by a number of people who are interested in the outcome of this. I would first like to introduce Mr. Scott Price, the vice-president of operations. Mr. Price, is the son of Mr. Lew Price, who is here, who is the public relations person for this company. And I would like to specifically mention that Mr. Lew Price served this City and the County well over a long period of time in many functions, and we are 75 January 27, 1994 delighted that he could be here with us today. But, all those folks that are in green shirts and white shirts, who I'd like to stand for a moment so they can be identified, are here to support this application. Mayor Clark: Where is your army? Where is your army? Mr. Traurig: Now, you can take some comfort in the fact that when this hearing is over, they will all leave. The property which is the subject of this hearing, and the street address for application and notice purposes, is interestingly 2037 Secoffee. Now, that's a residential street, and there are concerns on the part of the Planning Department that what we are asking would have an adverse effect upon that residential neighborhood. Mayor Clark: Mr. Traurig, what do you want to do with this one lot piece of Property? Mr. Traurig: All we'd like to do is turn this lot into the parking lot... Joel Maxwell (Assistant City Attorney): On the record, Mr. Mayor. Mayor Clark: On record? Put it on the record. There is your mike. Mr. Traurig: Mr. Mayor, to abbreviate a very lengthy presentation, this is the lot that is the subject to this hearing. We want to split that lot into two parts, leaving this southern part as a residential lot, which you will notice is identical in size and shape to the lots that lie to the west of it, and even larger than the lots between there and 22nd Avenue. And this would be an R-1 residential lot. We'd like to take the back portion of it, add it to the parking area that presently services this office building so that they can pick up some extra parking spaces because they have a terrible shortage of parking in this area. We have given to the City a covenant, or we are prepared to give the City a covenant which would, A, limit the uses of the property for parking only. Two, not provide - B - not provide for any improvements on the property. Three, to limit it to the use during... Mayor Clark: Walled -in landscape. Mr. Traurig: ...landscape, day time only, guard to patrol it at night, security system, and so forth and so on. All this would be would be a parking lot to service this building. And you'll notice, and you'll remember that along U.S. 1 there are three buildings... Mayor Clark: Yes, sir, we understand. Mr. Traurig: ...an optometrist, this building, and this office building to the east. Mayor Clark: Let's see, how... Mr. Traurig: So, that's in a nutshell what we are asking for, and we can make a very lengthy presentation justifying it. But, we think, in order to expedite the hearing, that we have given you the basics. 76 January 27, 1994 Mayor Clark: All right. Do we have objectors present on this item? Could we... Let's hear fram the objections and then we can have a... It's basic... Commissioner Plummer: Can I ask a question? Mayor Clark: Surely. Commissioner Plummer: Mr. Traurig, the area is designated... Mr. Traurig: Yes, sir. Commissioner Plummer: My understanding you are not proposing to go all the way to Secoffee. Mayor Clark: No. Commissioner Plummer: What would... Mr. Traurig: The parking would only be the north half of this lot. The south half would be residential, R-1. Commissioner Plummer: Isn't it presently R-l? Mr. Traurig: Yes, but it has the SD-18 overlay which is a significant... Commissioner Plummer: Wouldn't the overlay allow R-l? Mr. Traurig: Yes. Commissioner Gort: Yes, but he's got a minimum size lot that once he cuts it, he doesn't have it. Mayor Clark: Well, what about the other size of those lots right there? Mr. Traurig: We would not have the square footage for the SD-18, but we have enough square footage for the R-1, and so it would be identical square footage to these lots that lie to the west. Mayor Clark: All right. Let's hear from the objectors and see what they have to say, Mr. Traurig, to come back to you. Mr. Traurig, if you want to continue. Mr. Traurig: OK, we have enough square footage for a single family home. As a matter of fact, twice as much square footage as the R-1 requires. Mayor Clark: All right, you... Yes, ma'am, your name for the records. 77 January 27, 1994 Ms. Bernice Johnson: Yes, my name is Bernice Johnson, I live at 2031 Secoffee, my property is adjacent to the property we are talking about. I am very impressed with all the people who came in, who are in favor of this, however, they don't live in this neighborhood. Now, I really object strongly to this being changed. I have a parking lot in back of me which I can live with. I do not want a parking lot along side of me. Now, about 20 years ago, there was a big question about the property facing U.S. 1, which was R-1, and the people in that neighborhood very much agreed, that it was not the wisest use of the property and so it was changed to allow them to use it for offices. But, a wall was built and we were promised at that time that there would be no more intrusion into this neighborhood. These lots, starting with this one and on down the street, are half acre lots. And I am very opposed to think that we are going to have a parking lot, because I feel like it will be a domino effect. Mayor Clark, I feel it would be a domino effect, and if you can do it from the person who lives next door to me, you can do it for me, and for all of the people on that street. So, I think that it's a poor choice of use of Property Mayor Clark: Thank you. Ms. Johnson: Thank you. Mayor Clark: Thank you. Have all you folks being sworn, that are going to testify? Have you? AT THIS POINT THE ASSISTANT CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Janet McAliley: Honorable Mayor, and Commissioners, my name is Janet McAl.iley, I live at 2025 Secoffee Street, two doors down from the lot under consideration today. My husband, Tom, and I have lived there for 24 years. When we first moved there, there was an R-1 lot, as Ms. Johnson said, behind us fronting on U.S. 11 it was changed into an office building. We objected at the time, but it did occur. It's not easy living behind even an office building. At 3:30 in the morning the truck comes to empty the dumpster behind us, and it makes a tremendous racket. I've tried to see whether that is a code violation, and apparently they can do it. Now, there is consideration of putting a parking lot even into the neighborhood, and we object very strongly. There is no shortage of office space in the City of Miami now. There is no hardship involved because the owner of the business at this location knew what he was getting when he moved his company into this location. So, there is no hardship here, there is no compelling reason to do it. And it would greatly damage our neighborhood which is a stable and significant neighborhood in this City, and I urge you not to support it. Mayor Clark: Thank you. Yes, ma'am. 78 January 27, 1994 Ms. Sara Smith: My name is Sara Smith, my husband John Edward Smith and I have lived for 25 years at 2801 Seminole Street. We were a part of the process where we lost and we took it graciously. It is not fun living near an office building with people in and out of parking lots at all hours. I do not know anyone who would want to buy the other half of that lot and live with a parking lot in that kind of situation. Mayor Clark: All right. Ms. Smith: This is a stable neighborhood. We lost. We were assured that we would not have any more intrusion. And, we would really appreciate the City keeping its word. Mayor Clark: Thank you, ma'am. Yes, sir. Dr. Michael Rose: My name is Dr. Rose, I live at 2001 Secoffee Street, just three lots from Bernice Johnson. I£ you drive by 2000 S. Dixie Highway everyday of the week, you will find at least 15 parking spots any given time. 2000... Mayor Clark: Please, now folks, please. Dr. Rose: I was going to bring a video camera, but I chose not to. Secondly, we don't want more cars coming into that lot and I'll tell you why. Because we on 22nd Avenue have to make a turn, right turn, going to Dixie Highway. The cars coming south on Dixie Highway, have to make a "U" turn, either that or they race by my street, and some other streets in the Grove, at 60 miles an hour because they are in a hurry to get to work. And I'm going north and making a right turn on 22nd Avenue, those cars are making a "U" turn. Mayor Clark: All right. Dr. Rose: That's not very good. Secondly, the history of this is that originally there was a park, a City park in the middle of that office lot. We, the citizens, gave in and we said, "OK, we'll let you move that to the corner if you promise you won't bother us any more." And thirdly, if the changes are made today so that the lot becomes partially camiercial, anybody can go to the courts and change it. Thank you very much. Mayor Clark: Thank you. Next applicant. Yes, sir. 79 January 27, 1994 Mr. Claudio Nunez: Mr. Mayor, and Commissioners, my name is Claudio Nunez, I live 1951 Secoffee Street. Just a few lots away from the property we are talking about. And I am completely opposed because this is a family neighborhood, single family neighborhood, I live with my wife, and I have a kid, six months old. We cannot even go in the streets lately because of the traffic. We have very bad traffic after the hurricane. And if we approve this, I'm sure the traffic would increase. Not only that, I brought this issue last meeting we had over here, we people from the City built the beautiful Metrorail to bring people from Kendall and all over the place to work. So, I bet the people with white and green shirts here, none of them live on Secoffee Street. So, they should take advantage of Metrorail, they have appropriate parking space. Mayor Clark: All right. Mr. Nunez: Thank you very much. (INAUDIBLE BACKGROUND CMERM NOT ENTERED INTO THE PUBLIC RECORD) Mayor Clark: Thank you. Sh-sh-sh, please, all right. Mr. Tucker Gibbs: Mr. Mayor, Commissioners, my name is Tucker Gibbs, I'm here tonight representing the Coconut Grove Civic Club. For the record, I'd like to state that they have voted - the board has voted - to oppose this application. And I'd also like you all to take notice of the vote on the Planning Advisory Board, as well as the Zoning Board, both voted unanimously to oppose this. Mayor Clark: All right. Mr. Gibbs: Thank you. Mayor Clark: Thank you, Mr. Gibbs. Yes, two more people. Mr. Mike Rexon: Good evening, sir. My name is Michael Rexon, I live at 1935 Secoffee Street, I'm here with my wife Wendy. I'd like to note that this is the third time that we'd had to appear before this board or a board like this to defend our neighborhood. We have come out in mass, and it has been denied twice before. And each time their presentation gets a little more colorful, a little bit better. But it really doesn't change the fact that this is an intrusion on our neighborhood, and we don't really want it. I appreciate all the people in the green and white shirts here. I understand that they are employees of the company or some such, but they, really, if the company has to relocate in Miami, they don't lose their jobs, they just move. Mayor Clark: All right. Mr. Rexon: And what we are saying is we are opposed to the expansion, and I haven't even seen anybody tell me about numbers. How many parking spots do they need? I've driven by there, I've seen vacant spots as well. Well, I drove by there today. 80 January 27, 1994 UK El ( INAUDIBLE BACKGRO(W CMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Clark: Please, folks. Mr. Rexon: So... Mayor Clark: Anything further? Mr. Rexon: I guess I haven't seen any numbers to indicate that they really need one, other than these people requesting it here. Mayor Clark: All right. Thank you, sir. Mr. Rexon: Thank you, sir. Mayor Clark: Yes, ma'am, the last opponent. Yes, ma'am, your name for the record. Ms. Charlotte Duvall: My name is Charlette Duvall, my husband John and I live at 1900 Secoffee Street, and we'd live there since 1950. This is a very desirable neighborhood, and it has been under pressure for many many years to change, and never before have they allowed any intrusion into our neighborhood, except to change that zoning on the Dixie Highway, and all the neighbors are bitterly opposed to it. Mayor Clark: All right. Thank you, ma'am. All right, Mr. Traurig, a few moments of rebuttal so we come to a decision. Mr. Traurig: I belief that... Mayor Clark: Is that mike off? Mr. Traurig: I belief we've done a bad job of describing what we intend to do. It's very important to know that we intend to limit the access to this parking area from the existing parking area on the building presently occupied by Financial Data Planning. There will be no traffic to or from this parking lot that goes to Secoffee. It will all be directed to the same driveways that they presently use on to 22nd Avenue, and U.S.-1 so that when they talk about the impact of our traffic on their residential street, I think that if they had understood that there was no traffic, that, that would have evaded that complaint. We do not intend to have our parking lot on Secoffee. Our parking lot will be between Secoffee and U.S. One. As I indicated earlier, there will be no vehicular access from Secoffee, there will be landscaping provided along the wall which we will construct on the east side of our property and the south side of our property. There'll be a security camera provided to scan the property as well as security people to make sure that the property is not invaded who anybody who will be a security threat to the neighborhood. There'll be a gate installed on the west side of the parking area and locked after 7 o'clock to prevent entry into the parking lot. It's acknowledged by us that neighborhood security is very important, and a very serious concern to the neighbors. But by closing the lot in the evening, that concern should be abated. The Planning Department has indicated its recommendation for denial 81 January 27, 1994 on the basis of what we think is faulty rationale, because I think they believe, as do the neighbors, that we are Having an adverse effect upon the Secoffee residences by invading Secoffee. When in fact, we are going to have a lot along Secoffee which is at least as large as all the lots immediately to the west, and much larger than the lots between the three lots west of us in 22nd Avenue. We are going to have 10,777 square feet, the lots immediately to the west of us are only 10,700 square feet. So, we are going to be larger. And the lots between them and 22nd Avenue are only 8,800 square feet. We want merely to extend the parking. But, let's understand the background of this. This business was across the street from Dinner Key for many, many years, it moved approximately less than 10 years ago to this other location along U.S.-? because of the need for additional space. There has been an expansion of the business. That expansion is from 105 employees to approximately 200, and we only got 136 parking spaces. We have gone to the extreme of offering to each employee full reimbursement for Metrorail fares if they would came to their employment using Metrorail. But, in addition to that, we need more parking spaces or else this business will have to leave Coconut Grove. It provides hundreds and thousands of room nights for Coconut Grove Hotels for the patrons that came to use this business. It provides patrons for the restaurants and the businesses in Coconut Grove. And it doesn't have an adverse impact on Coconut Grove because it's on U.S.-1 and not in the heart of Coconut Grove, and doesn't induce traffic into Coconut Grove. So, basically, what we are saying to you is that with that patronage, with the addition to the econamy of Coconut Grove, with the restriction of the use of this property to a parking lot with landscaping without increasing the traffic, without increasing the density, without having a domino effect into the neighborhood, we think that this is a very very valuable addition to the area because it solves a parking problem which otherwise would exacerbate the other problems of the neighborhood. These are good corporate citizens. For the past year and a half, they have contributed substantially to the Overtown Community Health Center by donating computer hardware and software as well as the consultants time. Thousands and thousands of dollars worth of computer equipment and software. In addition to which it has contributed computer equipment worth about $40,000 to Florida Memorial College. What I am saying to you is that they recognize that they have a position to play in this community, and they are meeting their responsibilities to the community. And they would be driven from this community if they didn't have enough parking. If we came to you and said, "Make the parking all the way to Secoffe, rather than have a residential lot in Secoffee and the parking in the rear." I can understand the neighborhood objections. But, we are saying to you we understand that we have to have a homogeneous neighborhood along Secoffee with residences. So, we are providing for a lot of 10,777 square feet, and that's a very large lot for this neighborhood. It's larger than the lots further to the west. So, we urge you to vote in favor of the master plan change to offices. We do not intend to construct offices, or any office building, or any other building on this site. We need the office designation because we can't qualify for the SDAT because we have a 73 foot lot, we need 100 feet of frontage. As a matter of fact, the SDAT shouldn't have been applied to this property in the first place because it never had 100 foot of frontage. But, it always had enough square footage, and still has enough square footage in both the southern lot, for residential, and the northern lot for offices, or parking. So, we urge you therefor to approve the master plan change, and to approve t e zoning change from R-1 to the offices in order for us to give you the restrictive covenant to limit it to parking. Thank you very much. 82 January 27, 1994 r"Pr Mayor Clark: Public hearing is now closed. What is the pleasure of this Commission? Move the approval? Is there a second? Is there a second? Is that for a motion for denial? You approve it to approve it, or approve the denial? Is there a second. No second, is there an opposite motion? Commissioner Plummer: Mr. Mayor, let me just stay for the record., if I may. I find myself in a very uncomfortable position. The owners are all friends of mine, Lew Price is a friend of everyone. But, I made a promise years ago, when we changed Dixie Highway, that we wouldn't have any further encroachment. And I've got to live up to that promise. Now, I would do anything in the world, Bob, to keep these people here. They are damn good community citizens. And when we made a promise, I don't know how I can break my promise. My word is my bond, and I made my... I gave my word. Mayor Clark: You have a motion? Commissioner Plummer: I don't know. I don't want to deny them because if I do, I know they are going to have to move. And that hurts me tremendously. Mayor Clark: Is there a motion? Commissioner De Yurre: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner De Yurre: You know, we need to analyze this a little bit then. You ]mow, we are talking about the back end of this lot which is next to the building. In reality, you know, if you have a residential piece of property there, people would not want to live in that situation having a building right next to them all the way along the side of the back the property. I don't see how it impacts on the neighbors. The building is already there. They are going to buffer it. They are going to do what the City demands from them to secure the interest of the neighborhood, and I just fail to see where it would impact, you know, to the degree that it concerns J.L. and the rest of this Commission, Mr. Mayor. Mayor Clark: All right. Yes, sir. Commissioner Gort: It is unfortunate for the applicant I happened to have been on the Zoning Board when this came in front of us, and it was R-1, and we looked at it, and we told the neighbors, "Look, there is no way that anyone would use this as an R-1 facing Dixie Highway. So, we need to change this." And I myself made a commitment that we only change that zoning there, and promises were made by the roperty owner at that time, and the people there, they would never come back and try to do anything else. About six months later, they tried to change the zoning at the east of it, at the corner there, and it was denied at that time. Unfortunately, the Planning Department, the Planning Board, and the Zoning Board ruled against it, and I guess I am going to be the bad guy and I move for denial. Mayor Clark: Is there a second? Is there a second? We got to get this off center, or we want get out of here till midnight. 83 January 27, 1994 Commissioner Plummer: I got to second it, Mr. Mayor. Mayor Clark: All right, call the roll. Commissioner Plummer: May I ask a question of the department? Mayor Clark: Yes. Commissioner Plummer: In trying to provide these people with something, under the Metrorail, at 27th Avenue, they have provided now parking. Is there any chance that we, the City, could go to the County and encourage or find a way... I can envision that they could come up with easily 100 parking spaces under the Metrorail. OK. Now, I don't want this company to leave. They are a very good company. Now, do you think that there is a possibility? I mean, I know you can ask. Do you think there is a possibility of winning? Mr. Sergio Rodriguez (Assistant City Manager): I think so. Yeah, I believe... I have talked to Mr. Cook, not in relation to this particular property, but in another area, and following what was done successfully on 27th Avenue, he told me that there might be a possibility of doing other parts of the area to try to help in the parking problems. So, as you... Commissioner Plummer: Well, I told before, I think the whole thing under Metrorail should be one gigantic availability of parking, and there's a need. Mayor Clark: Very good. Mr. Rodriguez: So, if you want to... Commissioner Plummer: But, in this particular case, it is an immediate need. Mayor Clark: All right, let's move forward. Motion on the item. Motion and a second to deny the item. Call the roll, Mr. Clerk. Mr. Traurig: Mr. Mayor, before a vote is taken, would it serve a useful purpose if this matter were continued to get some answers from Mr. Cook and from the County? Commissioner Plummer: Bob, you have many personal assurance that I would assist the Administration in any way possible to try to bring about that criteria under the Metrorail to try to accommodate these... the need. And I understand the need. Their company has grown by leaps and bounds. They are a tremendously successful company. Mayor Clark: All right. Mr. Traurig: But doesn't it appear to you, Commissioner... Commissioner Plummer: Well, let me ask you a question, what do you think would be accomplished if we deferred it until this is settled? What would we be accomplishing? 84 January 27, 1994 Mr. Traurig: I think that you would realize that during that interim period whether or not we have a solution under the Metrorail, that this doesn't in any way adversely affect the residential neighborhood. That notwithstanding your commitment that was given many many years ago, and interestingly you voted in favor of that application in 1977. Commissioner Plummer: You are absolutely right, sir. Mr. Traurig: But, 10 years earlier on the first U.S.-1 rezoning, the Mayor voted in favor of it when he was on the Commission. So, there is a recognition of the fact that the corridor along U.S.-1 is different than the property that lies immediately to the south. Commissioner Plummer: No question. Mr. Traurig: If we were invading the property to the south, we... I could understand your having a very adamant position with regard to the zoning on that property. We are not asking for any... we are asking for a change in zoning to offices, but we are giving you a covenant that says can't be used for offices, it can only be used for parking in association and together with the property that lies immediately to the west of it. You would recognize, I think, during this interim period, that we are not in any way changing the character of the neighborhood. And I think that you ought to be released from that vow to these people because the factual situation is different. Mayor Clark: We got a motion on the floor. Call the roll, Mr. Clerk. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 94-54 A MOTION TO DENY AGEMA ITEM PZ-6 (PROPOSED A VT TO THE FUTURE LAND USE MAP ORDINANCE 10544, AS A UNDED, BY CHANGING THE LAND USE DESIGNATION TO OFFICE, FOR THE PROPERTY LOCATED AT 2037 SECOFFEE STREET) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Steve Clark NOES: Commissioner Victor De Yurre ABSENT: None. 85 January 27, 1994 ------------------------------------------------------------------------------ 19. URGE OFF-STREET PARKING DEPARTMENT AND METROPOLITAN DADE COUNTY TO CREATE PARKING UNDER METRORAIL. ------------------------------------------------------------------------------- Mayor Clark: Next item. What is the next item, Sergio? Mr. Sergio Rodriguez (Assistant City Manager): Item seven is the same. Commissioner Plummer: Mr. Mayor, would it be in accord, at this time, that we offer a resolution urging... Joel Maxwell (Assistant City Attorney): Commissioner Plummer, what you need... Commissioner Plummer: ...Metropolitan Dade County... Mr. Maxwell: You don't need a... You need item 7. Mr. Rodriguez: I would the Department of Off -Street Parking, I will follow up on that. Commissioner Plummer: Mr. Mayor, I so move at this time that a resolution from this Commission, urging Off -Street Parking and Metropolitan Dade County to expedite, if possible, the creation of parking spaces under the Metrorail from 22nd Avenue, what I would call North. Commissioner Gort: Second. Commissioner Plummer: OK. May I ask, Michael, approximately haw many spaces are you looking? What would you have gained in spaces? Mr. Michael Rose: Thirty-one. Comiissioner Plummer: I can envision that you could get 50 to 100 spaces without even batting an eye. Cammi.ssioner Gort: Yeah. Commissioner Plummer: I offer that in a form of a motion to... Vice Mayor Dawkins: I second. Mayor Clark: All right, motion and a second, cast a unanimous ballot. 86 January 27, 1994 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-55 A RESOLUTION URGING THE DEPAR'TMU OF OFF-STREET PARKING AND METROPOLITAN DADE COUNTY TO EXPEDITE THE CREATION OF A SURFACE PARKING LOT ON VACANT LAND LOCATED UNDERNEATH THE METRORAIL IN THE GENERAL VICINITY OF U.S. 1 AND SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO HEREIN DESIGNATED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, 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 NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 20. DENY PROPOSED FIRST READING ORDINANCE TO AMEND 11000 ZONING ATLAS AT 2037 SECOFFEE STREET FROM R-1 SINGLE FAMILY RESIDENTIAL APED SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT TO R-1 SINGLE FAMILY RESIDENTIAL WITH NO SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT FOR SOUTH 149.68 FEET, APED FROM R-1 SINGLE FAMILY RESIDENTIAL TO OFFICE WITH NO SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT FOR NORTH 149.68 FEET. (Applicant: Thomas L. & Bernice Tatham for Tat Co.) Mayor Clark: Next item, number 7. Is that the same piece of property? Mr. Joel Maxwell (Assistant City Attorney): too. Mayor Clark: Motion to deny by Mr. Gort. Commissioner Plummer: Second. Mayor Clark: Second by Mr. Plummer. You need a motion to deny that, 87 January 27, 1994 The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 94-56 A MOTION TO DENY PZ-7 (PROPOSED CHANGE OF ZONING CLASSIFICATION, AS LISTED IN ZONING ORDINANCE NO. 11000-ZONING ATLAS, TO R-1 SINGLE FAMILY RESIDENTIAL WITH NO SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT FOR THE SOUTH 149.68 FEET, AND ALSO TO OFFICE WITH NO SD- 18 MINIMUM LOT SIZE OVERLAY, FOR THE PROPERTY LOCATED AT 2037 SECOFFEE STREET). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Steve Clark NOES: Commissioner Victor De Yurre ABSENT: None. Commissioner Plummer: That one hurts. It hurts. OK? It's a damn good business. ------------------------------------------------------------------------------ 21 FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 1103 & 1135 S.W. 34 AVENUE, 3300, 3314 & 3338 S.W. 11 STREET AND 1112 & 1120 S.W. 33 AVENUE FROM RESIDENTIAL DUPLEX TO MAJOR PUBLIC FACILITIES (Applicant: Woodlawn Park Cemetery Co. Fla. Corp.) (See label 24) Mayor Clark: Item 8. Mr. Robert Lavernia: PZ-8 and PZ-9 are companion items. One is a petition for a land use change, and the other one is for the zoning change. The recommendation of the Planning Department is for approval in both cases, both petitions. Mayor Clark: Read the item into the record. Commissioner Plummer: Read the item? Mayor Clark: Don't you read this item? 88 January 27, 1994 Commissioner Plummer: Mr. Mayor, prior to that, may I ask of the City Attorney... And I guess I have to ask the applicant a question. On... It's well known the business that I'm in, Mr. Poole, I have to ask this question and it's not from a competitive standpoint, is there any indication that on this property a funeral home would be built? Mr. Samuel Poole III: No. Commissioner Plummer: For the record, the answer is no. So, it would not financially hurt me or help me. Mayor Clark: All right. Commissioner Plummer: Mr. City Attorney, you are aware, sir, I'm in the funeral business, I have no participation with this company whatsoever, is there any reason that you can think of that I should excuse myself fram voting? Mr. Joel Maxwell (Assistant City Attorney): If you no financial interest in the outcome of this, you have no conflict of interest, sir. Commissioner Plummer: On the record, thank you, sir. Mayor Clark: Please now, this item? Is there a motion on this item. Commissioner Plummer: Mr. Mayor, I'll move the item, but I do have discussion. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Go ahead, Mr. Plummer. Commissioner Plummer: Mr. City Attorney, Mr. Manager, with questions I want to know why we are talking about burial space, referred to as public facilities, transportation and utilities. I'm at a loss to understand that. Mr. Sergio Rodriguez (Assistant City Manager): That is the catch-all category that we have in the comprehensive plan to cover all the different types of facilities that incorporate this kind of uses including facilities of this nature. Commissioner Plummer: All right, I have another question. These cemeteries in no way are tax-exempt. Is their property value determined... in other words, by virtue of this passing would the City's revenues of ad -valorem taxes be at least what it is now or more? Mr. Rodriguez: I cannot answer that, but I imagine it would probably be more. Because you have more people living... I mean there. 89 January 27, 1994 Commissioner Plummer: Well, but no, no, no. Excuse me, that's not my point. You think it's a laughing matter, this is a matter... This is ten million dollars to Woodlawn Mausoleum, Woodlawn Cemetery. OK, I'm just concerned that the City is not going to lose taxes, that's all I'm concern about. Mr. Rodriguez: I cannot answer that, I don't know that. Commissioner Plummer: Well, you'll let me know before the second reading? Mr. Rodriguez: Sure. Mr. Maxwell: That would be a question... Commissioner Plummer: Now, Woodlawn Cemetery, Mr. Poole, since Woodlawn would be gaining in the neighborhood of about ten million dollars of value, what is Woodlawn going to do for the City? Mr. Poole III: I have to renegotiate my fee, if it's that much. Commissioner Plummer: Well, they are saying that you... Or you are saying, in your letter, that it's approximately 2,100 burial spaces, and I'm assuming that's at a single depth, not at a double depth. OK, even at double, their minimum grave is $5,200, now a very simple calculation, give or take a million is 10 million dollars. That's what is worth to them. Again, my question is the parks of the City need equipment, they need upgrading. Are you willing, on behalf of your client, to provide something in return? Because you understand, from the standpoint of Zoning, you are entitled to nothing more than what you presently have. And I think that consideration should be given to park equipment. There's park right next to you that is in dire need of equipment. I'll tell you what, Mr. Poole, I am going to make it easy for you. I've already moved it, and it's been seconded on first reading. But, I sure would like to hear what you are going to volunteer prior to the second hearing, beside a deferment. Mr. Poole: I have Alex Gonzalez, who is a neighbor. The only open issue that we had, and I guess I should say for the record, Sam Poole, Holland and Knight, 701 Brickell Avenue. Alex Gonzalez is a neighbor, and the issue that we had is their concern for the external parking impacts, businesses and the apartments in the neighborhood, and the broken City curbs. And, what we had wanted to propose... tonight the issue is not the closing of 33rd Avenue south of llth, that 180 feet of 33rd. We are just here in the re -zoning and the plan amendment. So, we were anticipating this discussion to occur at that point in time when we came in for the street closure and you were looking at the value of that parcel. Commissioner Plummer: No, no, no, no. I'll get you again then. Mayor Clark: All right, Mr. Poole... Mr. Poole: I was afraid of that. Commissioner Plummer: All right, I have already moved it, Mr. Mayor, all I am saying prior to the second. 90 January 27, 1994 Mayor Clark: I think you understand, Mr. Poole, what he is talking about. Call the roll, Mr. Clerk. Could you read it for the record. Canissioner Plummer: For the record, they have stipulated there will be no mausoleums built on this property. Mayor Clark: Good. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INFO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Clark: Sir, give us your name for the record. You agree with it? Mr. Alex Gonzalez: Yes, what I wanted to say and I've lived... My name is Alex Gonzalez, I live at 3310 S.W. loth Street. I've lived in that neighborhood for 30 years, and in that time we've had our differences, and I've been here before the Commission in various times. In this particular issue, though, we really are almost in agreement, we would really appreciate if you could speed this up because what they're... We came on to an agreement... Mayor Clark: We can do it if you stop right now. We can do it if you stop right now. Mr. Gonzalez: Well, there is just another point that this is the only time we have to... I have to bring something to your attention. The curbs is what they are going to agree to replace and repair, OK, but also in this island that's along our homes, some trees were uprooted during the hurricane, and they were never replaced. And I was under the assumption that FEMA (Federal Emergency Management Agency) was paying the City to replace these trees. What I'm hoping is that, at this time, whatever trees that are in this area that the cemetery is going to close if the City would agree to replant them at places where the hurricane... Vice Mayor Dawkins: They will... Mr. Gonzalez: ...knocked down trees. Mayor Clark: That's an agreement that will be made with these gentlemen after... before the second reading on this. Mr. Gonzalez: Well, what I am saying is this is City property, I was wondering if the City would, at this point, agree to replant the trees that the hurricane... Commissioner Plummer: The cost is out of question. Usually the cost is out of question, and half of them don't survive. Mr. Gonzalez: Well, what about replanting the trees that the hurricane either... Commissioner Gort: Mr. Mayor, may I ask the gentleman. Mayor Clark: Yes, sir. 91 January 27, 1994 Commissioner Gort: What Commissioner Plummer was trying to do is just that. We are going to came back in the second reading. And I'm sure they are going to get together with the applicant, and the applicant has to come back with some suggestions how they are going to improve the neighborhood and the surrounding areas. Mr. Gonzalez: OK, but as far as the City... Commissioner Gort: The City can not make a commitment. Mr. Gonzalez: OK, but as far as City property, the trees were lost during a hurricane, wasn't... Commissioner Gort: Sir, once again, what we are going to request to them is to cane back and give us a plan how they are going to improve the area around even if it's property that belongs to the City or whoever it belongs to. They heard the message. Mr. Gonzalez: OK. Commissioner Plummer: They are out right now because FEMA is giving us money to put trees in, and they are out doing the surveys now. Mr. Jim Kay: Right. That's correct. OK. Mayor Clark: Call the roll, Mr. Clerk. Commissioner Plummer: Did you read the ordinance? Mr. Walter Foeman (Assistant City Clerk): Yes. Mayor Clark: Yes, he read it. Commissioner Plummer: I vote yes subject to the condition of the second hearing, of course. AN ORDINANCE AMENDING THE FUTURE LAND USE OF MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI CCMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, BY CHANGING THE LAND USE DESIGNATION FROM RESIDENTIAL DUPLEX TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES, FOR THE PROPERTY LOCATED AT 1112-1120 SOUTHWEST 33RD AVENUE; 3300-3312-3314-33320-3338 SOUTHWEST 11TH STREET AND 1103-1135 SOUTHWEST 34TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS, INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 92 January 27, 1994 A 04 Was introduced by Commissioner Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, 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 NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 22. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 1103 & 1135 S.W. 34 AVENUE, 3300, 3314 & 3338 S.W. 11 STREET AND 1112 & 1120 S.W. 33 AVENUE FRCM R-2 TWO-FAMILY RESIDENTIAL TO G/I GOVERN AND INSTITUTIONAL. (Applicant: Woodlawn Park Cemetery Co. Fla. Corp.) (See label 24) Mayor Clark: Number 9. Commissioner Plummer: I'll move that also. Mayor Clark: With the same conditions. Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, in relation to number nine, since there might be a covenant that you may want to proffer in relation to number 9. In the letter that they submitted on October 26, they also mentioned that we have no access to 33rd Avenue, and they might want to include that in the covenant. And also, that they will have very few events during peak hours, and maybe that should be included also in the covenant that they will voluntarily proffer. Mayor Clark: All right. Fine. How about number 9, you have to read the resolution in? Mr. Joel Maxwell (Assistant City Attorney): Yes, sir. Commissioner Plummer: It's an ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INID THE PUBLIC RECORD, BY TITLE ONLY. Mayor Clark: All right, motion by Mr. Plummer, seconded by Mr. Gort. Commissioner Plummer: Subject to the covenant being surrendered. 93 January 27, 1994 Mayor Clark: Call the roll. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 41, SECTION 401, SGHEDUIE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL, FOR PROPERTY LOCATED AT 1103 AND 1135 SOUTHWEST 34TH AVENUE, 3300, 3314 AND 3338 SOUTHWEST 11TH STREET AND 1112 AND 1120 SOUTHWEST 33RD AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 40 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Plummer and was passed on first reading, by title only, 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 NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 23. SECOND READING ORDINANCE: AMEND 11000 TEXT TO AMEND THE HEIGHT OF R-4 MULTIPLE FAMILY RESIDENTIAL BUILDINGS ABUITING A RIGHT-OF-WAY OF 100 FEET OR MORE IN WIDTH. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item number 10. Thank you, sir. This is the City of Miami. Mr. Joe McManus: Mr. Mayor, for the record, Joe McManus, Deputy Director of Planning, Building and Zoning. Item PZ-10 is a Planning Department application. It applies to perhaps only one property on the bay side of Brickell Avenue. This would enable the developer to provide more open space at the ground level to preserve a historic structure, and to go higher. What we are doing in this is changing the angle of the height allowed on a particular property, and in this case, it would allow the developer to build a building approximately 100 feet taller than he is currently allowed. Mayor Clark: You recommend it, Mr. McManus? 94 January 27, 1994 El Mr. McManus: Yes, sir. Mayor Clark: Is there opposition to this? read it into the record. Public hearing is closed. Must Mr. Joel Maxwell (Assistant City Attorney): You have a motion? Mayor Clark: Yes, moved and seconded by De Yurre, and Plummer. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS MEMED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMEMING ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS", TO AMEND THE HEIGHT OF CERTAIN BUILDINGS IN THE R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of December 16, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and 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 NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11116. 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. 95 January 27, 1994 ------------------------------------------------------------------------------ 24. (Continued) CLARIFYING Ca4ENrS CONCERNING FIRST READING ORDINANCES AMENDING 10544 AMID 11000 BY CHANGING DESIGNATION AT 1103 & 1135 S.W. 34 AVENUE, 3300, 3314 & 3338 S.W. 11 STREET AND 1112 & 1120 S.W. 33 AVENUE. (Applicant: Woodlawn Park Cemetery Co. Fla. Corp.) (See labels 21 & 22) Commissioner Plummer: Mr. Mayor, according to the press, I should disclose, Mr. City Attorney, that in effect, I am a property owner at Woodlawn Mausoleum. I have two crypts, which makes me a property owner. Does that... does that affect my voting on the Woodlawn issue in any way? Mayor Clark: No, I'll make a decision that only if you are dying to get in. That's all right, there is no problem. You are OK. Camii.ssioner Plummer: Mr. City Attorney, for the record, please. Joel Maxwell (Assistant City Attorney): Interesting question, but I don't think you have a conflict of interest. Commissioner Plummer: OK. I just want it on the record. ------------------------------------------------------------------------------ 25. SECOND READING ORDINANCE: AMEND 11000, ARTICLE 6, SECTION 6 (SD-6, SD- 6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS) -- TO AL1-0W GOVERNMERrAL, PUBLIC UTILITY, AND PRIMARY AND SECONDARY SCHOOL USES AS PERMITTED PRINCIPAL USES AND TO EXEMPT GOVERNMENTAL USES FROM CERTAIN PEDESTRIAN PATHWAY AND URBAN PLAZA REQU REMENTS. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: What is this item? Is there a motion on this? Did you read it, direct it? Item 11. Joel Maxwell (Assistant City Attorney): You have a motion on 11, sir? An ordinance amending ordinance number 11, we do? Mr. Walter Foeman (Assistant City Clerk): No, we do not. Mayor Clark: Second. Call the roll. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Clark: Call the roll. Mr. Foeman: Roll call. Commissioner De Yurre. Mayor Clark: You have any opposition to this? 96 January 27, 1994 Mr. Sergio Rodriguez (Assistant City Manager): No, staff... Mayor Clark: Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ANWING ARTICLE 6, "SPECIAL DISTRICTS", SECTIONS 606.4.1 AND 606.4.3, TO MAKE GOVERNMENTAL AND PUBLIC UTILITY USES A PERMITTED PRINCIPAL USE INSTEAD OF PERMITTED BY SPECIAL EXCEPTION ONLY, THEREBY ENABLING SUCH USES TO MORE READILY MEET CERTAIN PEDESTRIAN PATHWAY AND URBAN PLAZA REQUIREMENTS; 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 December 16, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and 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 NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11117. 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. 97 January 27, 1994 ------------------------------------------------------------------------------ 26. FIRST READING ORDINANCE: ,ANEW 11000 TEXT, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- TO ALLOW: (1) A CELLULAR COMMUNICATIONS SITE AS A CONDITIONAL ACCESSORY USE IN R- , R-4, O AND CBD DISTRICTS; (2) A CELLULAR Cc MUNICATIONS SITE WITH MISCELLANEOUS ANT'EIMS AS A CONDITIONAL PRINCIPAL USE IN C-1, C-2, I, SD-4, SD-5, SD-6, SD-6.1, SD- 7, SD-16, SD-16.1 AND SD-16.2 DISTRICTS; (3) TRANSMISSION TOWERS AS A CONDITIONAL PRINCIPAL USE ONLY BY SPECIAL EXCEPTION IN 0, C-1, SD-4, SD- 5, SD-6, SD-6.1, SD-7, SD-16, SD-16.1 AND SD-16.2 DISTRICTS; AND (4) TRANSMISSION TOWERS OF LESS THAN 150 FEET IN HEIGHT AS PERMITTED PRINCIPAL USES IN C-2 AND I DISTRICTS -- PROVIDE DEFINITIONS FOR CELUMM C0141UNICATIONS SITES, MISCELLANEOUS AMENNAS AND TRANSMISSION TOWER. ------------------------------------------------------------------------------ Mayor Clark: Item 12. Commissioner Plummer: Best item, it's first reading. MMREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Clark: Call the roll. Commissioner Plummer: What is the height of these transmission towers? Ms. Catherine Carlton: A hundred and fifty feet. Mr. Sergio Rodriguez (Assistant City Manager): A hundred and fifty feet. Commissioner Plummer: How much? Ms. Carlton: A hundred and fifty. Commissioner Plummer: One fifty? Ms. Carlton: Yes, sir. Corm.issioner Plummer: That's fine. 98 January 27, 1994 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MOOING SECTION 401, THE SCHEDULE OF DISTRICT REGULATIONS, THEREBY ALLOWING: (1) "CELLULAR COMMUNICATIONS SITES" AS A CONDITIONAL ACCESSORY USE IN THE R-3 , R-4, O AND CBD DISTRICTS AND SPECIFYING CONDITIONS THEREFOR; (2) "CELLULAR LX M4UNICATIONS SITES" WITH "MISC�NEOUS AtTlOOMS" AS A CONDITIONAL PRINCIPAL USE IN THE C-1, C-2, I, SD-4, SD- 5, SD 6, SD-6.1, SD-7, SD-16, SD-16.1 AND SD-16.2 DISTRICTS AND SPECIFYING CONDITIONS THEREFOR; (3)"TRANSMISSION TOWERS" AS A CONDITIONAL PRINCIPAL USE ONLY BY SPECIAL EXCEPTION IN THE 0, C-1, SD-4,. SD-5, SD-6, SD-6.1, SD-7, SD-16, SD-16.1 AND SD-16.2 DISTRICTS AND PROVIDING CONDITIONS THEREFOR; (4) "TRANSMISSION TOWERS" OF LESS THAN 150 FEET IN HEIGHT AS PERMITTED PRINCIPAL USES IN THE C-2 AND I DISTRICTS; PROVIDING DEFINITIONS FOR "CELLLUTAR COMMMICATIONS SITES", "MISCELLANEOUS ANTENNAS" AMID "TRANSMISSION 'DOWERS"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner De Yurre and seconded by Commissioner Plummer and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plumper, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:34 P.M. Stephen P. Clark MAYOR ATTEST: ®p� Walter J. Foeman ASSISTANT CITY CLERK !g ,f 99 January 27, 1994