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Home My WebLink AboutCC 1990-01-25 MinutesE3 r CITY MIAMI OF ?WING HEU ON JANUARY 25, 1990 PLANNING AND ZONING PREPARED BY THE OFFICE OF THE MY CLERK CITY HALL MATTY HIRAI Ali City Clerk ITEM NO. 2. 2.1 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA JANUARY 25, 1990 SUBJECT GRANT REQUEST FROM BALLET CONCERTO COMPANY/CUBAN FOLKLORE OF MIAMI FOR WAIVER OF RENTAL FEES AND PERCENTAGE OF GROSS TICKET SALES FOR USE OF THE MANUEL ARTIME PERFORMING ARTS CENTER FOR CERTAIN DAYS IN 1990. CONSENT AGENDA LEGISLATION R 90-65 ----- 1/25/90 1/25/90 ACCEPT BID: DADE PAVING CORPORATION - R 90-66 FOR LOCAL, DRAINAGE PROJECT E-61 - 1/25/90 AUTHORIZE EXECUTION OF CONTRACT. PAGE NO. 2-3 3 2.2 ACCEPT BID: M. VILA AND ASSOCIATES, R 90-67 3 INC. - ALTERNATE BASE BID PROPOSAL FOR 1/25/90 DOUGLAS PARK - PARKING LOT RENOVATIONS - AUTHORIZE EXECUTION OF CONTRACT. 2.3 ESTABLISH SPECIAL MOORING AND DOCKAGE R 90-68 3-4 FEE FOR USE OF AVAILABLE SLIPS AT 1/25/90 MIAMARINA CONCERNING THE MIAMI INTERNATIONAL BOAT SHOW. 2.4 ESTABLISH SPECIAL R 90-69 4 CHARGES/TERMS/CONDITIONS FOR USE OF 1/25/90 ORANGE BOWL STADIUM BY POLYSPORT, INC. - FOR PRESENTATION OF THE CARIBBEAN BASEBALL WORLD SERIES. 3. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 4 SECTIONS 54-101 AND 54.5-120)(4) - FIRST READING CLARIFY STANDARD STREET WIDTHS FOR 1/25/90 'UBLIC STREETS AND ADD DESIGN STANDARDS FOR ONE-WAY PRIVATE STREETS. 4. (A) DISCUSS AND TABLE PROPOSED DISCUSSION 5-9 RESOLUTION TO AMEND THE INTERLOCAL 1/25/90 AGREEMENT AND CONTRACT BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, MIAMI BEACH AND VILLAGE OF BAL HARBOUR AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. - TO CARRY OUT CONVENTION PROMOTIONS, BOOKINGS AND SALES ACTIVITIES ON BEHALF OF THE PARTICIPATING PUBLIC AGENCIES (See labels 7 and 11). (B) BRIEF DISCUSSION WITH MERRETT STIERHEIM (PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU) CONCERNING PROMOTION OF CONVENTIONS AND TOURISM. 5. (A) ACCEPT A SET FLAT FEE OF $15,000 R 90-70 AS MINIMUM GUARANTEE FROM THE NATIONAL M 90-71 MARINE MANUFACTURERS ASSOCIATION - 1/25/90 CONCERNING ITS "PARK AND RIDE" SERVICE ON WATSON ISLAND DURING THE MIAMI INTERNATIONAL BOAT SHOW. _ (B) GRANT NATIONAL MARINE MANUFACTURERS ASSOCIATION'S REQUEST FOR TWO OF THE TEN BANNER LOCATIONS OF THE CITY TO PROMOTE ITS "PARK AND RIDE" SERVICE ON WATSON ISLAND DURING THE MIAMI INTERNATIONAL BOAT SHOW. 6. BRIEF DISCUSSION WITH CITY MANAGER M 90-72 CONCERNING PROPOSED ADVERTISING FOR THE 1/25/90 POSITION OF EXECUTIVE DIRECTOR OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY - DIRECT LOCAL ADVERTISING ONLY. 7. (Continued discussion) DISCUSS AND DISCUSSION TABLE PROPOSED RESOLUTION TO AMEND THE 1/25/90 INTERLOCAL AGREEMENT AND CONTRACT BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, MIAMI BEACH AND VILLAGE OF BAL HARBOUR AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. (See labels 4 and 11). 8. DIRECT CITY MANAGER TO REFER PROPOSAL M 90-73 FROM GEORGE MARTINEZ, CHAMBER OF 1/25/90 TOURISTS OF AMERICA, INC., TO THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. FOR CONSIDERATION OF THEIR REQUEST. 9. ACCEPT BID: FRANK J. MORAN, INC. - R 90-74 FOR REPLACEMENT OF A 183-CELL SUPPLY TO 1/25/90 CITY'S COMPUTER DEPARTMENT - FOR REHABILITATION OF ITS UPS BATTERY BANK WHICH SUPPORTS POWER SUPPLY FOR THE PUBLIC SAFETY COMMUNICATIONS SYSTEM - FOR DEPARTMENT OF G.S.A. 10. PRESENTATIONS, PROCLAMATIONS AND PRESENTED SPECIAL ITEMS. 1/25/90 I1. (Continued discussion) AUTHORIZE R 90-75 EXECUTION OF AMENDMENT TO INTERLOCAL 1/25/90 AGREEMENT AND CONTRACT BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, MIAMI BEACIi AND VILLAGE OF BAL HARBOUR AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. (See labels 4 and 7). 12. RATIFY CITY MANAGER'S ACTION IN R 90-76 EXECUTING AGREEMENT WITH AMY H. 1/25/90 JORDEN - TO PROVIDE ADMINISTRATIVE ASSISTANCE TO THE MAYOR'S OFFICE. 9-12 13-18 18- 19 19-21 21-22 22 22-23 23-24 1i 13. FIRST READING ORDINANCE: AMEND ORDINANCE ENVIRONMENTAL PRESERVATION DISTRICTS FIRST READING AND SCENIC TRANSPORTATION CORRIDORS 1/25/90 ATLAS OF THE CITY OF MIAMI - DESIGNATE ALL PUBLIC RIGHTS OF WAY IN AREA GENERALLY IINOWN AS "THE BRICKELL HAMMOCK PARKWAY SYSTEM" AS A SCENIC TRANSPORTATION CORRIDOR, (Applicant: Planning Department.) 14. FIRST READING ORDINANCE: AMEND 9500, ORDINANCE ARTICLE 15-SPI (SPECIAL PUBLIC INTEREST FIRST READING DISTRICTS) - ADD SPI-21 RIMER QUADRANT 1/25/90 MIXED USE DISTRICT - PROVIDE INTENT AND SPECIAL PERMITS, ESTABLISH PERMISSIBLE PRINCIPAL USES AND STRUCTURES, etc. (Applicant: Planning Department.) 15. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE ATLAS FROM WF-1/7 WATERFRONT INDUSTRIAL FIRST READING AND CG-1/7 COMMERCIAL GENERAL TO SPI-21 1/25/90 RIVER QUADRANT MIXED USE DISTRICT TO PROPERTY GENERALLY BOUNDED BY S.W. 2 AVENUE, THE MIAMI RIVER, I-95 RIGHT-OF- WAY, AND S.W. 2 STREET. (Applicant: Planning Department.) 16. BRIEF COMMENTS WITH GUY SANCHEZ, OF DISCUSSION FLORIDA POWER AND LIGHT, CONCERNING 1/25/90 LIGHTING PROBLEMS ACROSS FROM CITY HALL ON SOUTH BAYSHORE DRIVE. 17. DISCUSS AND CONTINUE TO FEBRUARY 15TH 1: 90-77 APPEAL BY ARTURO G. CARABALLO TO REVIEW 1/25/90 ZONING BOARD'S APPROVAL OF AN APPEAL, WHICH REVERSED A DECISION OF THE ZONING ADMINISTRATOR ELIMINATING COOKING ON THE PREMISES AT 3328 S.W. 23 TERRACE - DIRECT AL CARDENAS, ESQ. TO TRY TO REACH SOME KIND OF AGREEMENT WITH NEIGHBORS IN THE AREA. 18. CORRECT SCRIVENER'S ERROR BY FINDING R 90-78 THAT PAGES 6 AND 7 (EXHIBIT "A") WERE 1/25/90 INADVERTENTLY OMITTED AND SHOULD HAVE BEEN INCLUDED AS EXHIBIT "B" OF RESOLUTION 89-989 (OCTOBER 26, 1989) - A MAJOR USE PERMIT WHICH APPROVED TWO PARKING STRUCTURES FOR STATE OF FLORIDA DADE COUNTY REGIONAL SERVICE CENTER PROJECT. 19. FIRST READING ORDINANCE: AMEND CODE ORDINANCE CHAPTER 62, SECTION 62-16 - REQUIRE A FIRST READING COMPANION ZONING APPLICATION AND 1/25/90 REORGANIZE SCHEDULE FOR SEMIANNUAL PLAN AMENDMENTS; SECTION 62-18 TO REFERENCE THE PLANNING ADVISORY BOARD AS THE LOCAL PLANNING AGENCY - INSERT NEW SECTION 62-19 ("LAND DEVELOPMENT REGULATIONS"), ETC. (Applicant: Planning Department.) 24-25 25-3 2 33 34 34-59 We 61 20. FIRST READING ORDINANCE: AMEND 9500, PAGE 4 OF OFFICIAL SCHEDULE OF DISTRICT REGULATIONS - INSERT NEW CR-3 COMMERCIAL -RESIDENTIAL (GENERAL) TITLE - PROVIDE SALE OF USED CARS IS PERMISSIBLE BY SPECIAL EXCEPTION SUBJECT TO LIMITATION, ETC. (Applicant: Planning Department.) 21. (A) MODIFY PROPOSED NEW ZONING ORDINANCE - ELIMINATE SD-12 OVERLAY DISTRICT FROM S.W. 22 TERRACE BETWEEN 17 AND 27 AVENUES, TO PREVENT COMMERCIAL ENCROACHMENT. (B) MODIFY PROPOSED NEW ZONING ORDINANCE - ELIMINATE SD-12 OVERLAY DISTRICT IN AREA ALONG BOTH SIDES OF CORAL WAY FROM 12 AVENUE TO CITY LIMITS (37 AVENUE), TO PREVENT COMMERCIAL ENCROACHMENT. (C) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE ZONING CLASSIFICATION ON THE TWO CITY -OWNED LOTS AT APPROX. S.W. 24 STREET AND 24 TERRACE BETWEEN 19 AND 21 AVENUES (GOLDEN ARMS) TO PR (PUBLIC RECREATION). (D) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE ZONING CLASSIFICATION IN AREA OF MIAMI RIVER FROM 22 TO 27 AVENUES (PARADISE POINT) TO SD-4 (SPECIAL WATERFRONT DISTRICT). (E) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE MASTER PLAN DESIGNATION FOR THE MIAMI JEWISH HOME PROPERTY (APPROX. AT N.E. 2 AVENUE AND 52 STREET) FROM CG-2/7 TO I/G (INSTITUTIONAL/GOVERNMENT) - DIRECT PLANNING DEPARTMENT TO STUDY AREA AND BRING BACK RECOMMENDATION AS TO POSSIBLE RAMIFICATIONS OF THIS REZONING. (F) INSTRUCT PLANNING DEPARTMENT TO STUDY AREA AROUND N.W. 5 STREET AND 2 AVENUE FOR POSSIBLE CHANGE OF PLAN DESIGNATION/ZONING CLASSIFICATION IN PROPOSED NEW ZONING ORDINANCE. (G) MODIFY PROPOSED NEW ZONING ORDINANCE - ELIMINATE ALL COMMERCIAL BUILDING ENCROACHMENT ON RESIDENTIAL PROPERTY IN PROPOSED SD-12 DISTRICT THROUGHOUT CITY. (H) DIRECT PLANNING DEPARTMENT TO CONDUCT A STUDY OF PROPOSED ZONING ATLAS (PAGE 33 - N.W. 36 COURT BETWEEN 7 AND FLAGLER STREETS) FOR POSSIBLE MULTIFAMILY PLAN DESIGNATION/CHANGE OF ZONING - INSTRUCT PLANNING DEPARTMENT TO AMEND PROPOSED R-3 ZONING DISTRICT IN NEW ZONING ORDINANCE TO REFLECT CERTAIN NEW PROVISIONS FOR PARKING REQUIREMENTS. (I) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE MINIMUM LOT SIZE IN THE R-3 DISTRICT FROM 10,000 SQ. FEET TO 5,000 SQ. FEET. (J) DELETE ALL TRANSFER OP' DEVELOPMENT RIGHTS SECTIONS FROM PROPOSED NEW ZONING ORDINANCE - INCLUDE LINKAGE PROGRAM FOR UP TO ADDITIONAL 25% F.A.R. IN APPROPRIATE DISTRICTS, WITH PROVISOS. ORDINANCE FIRST READING 1/25/90 M 90-79 M 90-80 M 90-81 M 90-82 M 90-83 M 90-84 M 90-85 M 90-86 M 90-87 M 90-88 ORDINANCE FIRST READING 1 ; 25/90 62 63-•139 a (K) FIRST READING ORDINANCE: REPEAL ORDINANCE 9500 - SUBSTITUTE NEW ZONING ORDINANCE - BY MAKING FINDINGS, CONTAINING AUTHORITY, INTENT AND PURPOSE, AND SHORT TITLE SECTIONS; REGULATING LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, etc.; PROVIDE FOR OFFICIAL ZONING ATLAS AND OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, ZONING DISTRICTS, PLAN DEVELOPMENT DISTRICTS, SPECIAL PUBLIC INTEREST DISTRICTS, etc.; PROVIDE FOR FUNCTIONS AND RESPONSIBILITIES OF CITY COMMISSION, OFFICERS AND BOARDS, SPECIAL PERMITS, SPECIAL EXCEPTIONS, PROVIDING FOR APPEALS, etc.; PROVIDE FOR EFFECTIVE DATE. 22. DISCUSS AND CONTINUE (TO SECOND MEETING IN MARCH) CONSIDERATION OF APPEAL BY OBJECTORS OF ZONING BOARD'S DECISION TO APPROVE PLANNING DIRECTOR'S APPROVAL OF CLASS C SPECIAL PERMIT FOR PROPOSED 19- STORY (251 UNIT) APARTMENT CONDOMINIUM ("THE OASIS ON BRICKELL"). 23. DIRECT ADMINISTRATION (PUBLIC WORKS DEPARTMENT) TO COME BACK TO NEXT CITY COMMISSION MEETING WITH RECOMMENDATION FOR SERIES OF ONE-WAY STREETS (BETWEEN S.W. 22 AND 24 AVENUES AND S.W. 24 AVENUE INCLUDING S.W. 27 TERRACE, 27 LANE AND S.W. 28 STREET ) - IMPLEMENTATION OF SAID ONE-WAY STREET DIRECTIONS TO BE IMPLEMENTED FOR PERIOD OF 90 DAYS. 11 DISCUSSION 1/25/90 M 90-89 1/25/90 24. BRIEF COMMENTS BY COMMISSIONER PLUMMER DISCUSSION CONCERNING FOOD PROGRAM DRIVE TO BE 1/25/90 CONDUCTED AMONG CITY EMPLOYEES. 139-141 141-151 151-152 Ll 11 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of January, 1990, 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 9:05 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez ABSENT: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre ALSO PRESENT: Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. GRANT REQUEST FROM BALLET CONCERTO COMPANY/CUBAN FOLKLORE OF MIAMI FOR WAIVER OF RENTAL FEES AND PERCENTAGE OF GROSS TICKET SALES FOR USE OF THE MANUEL ARTIME PERFORMING ARTS CENTER FOR CERTAIN DAYS IN 1990. Mayor Suarez: J. L., did you want to mention an item? Commissioner Plummer: Thank you. I'd like to bring up, one of the things Mr. Mayor, is, we've spent an awful lot of money on the Artime Center of redoing it and it's not really being used and I guess it's the inactivity that breeds inactivity. I have a request here from the Ballet Concerto who would like to use the facility and hopefully will generate some activity in that area and it is for the waiver of the rental and the 10 percent ticket performance for April 1, June 3, October 19 and December 2. I think that it would be well worth getting something in there which hopefully will bring people to that facility if people will see what the facility is and use it for more so because I think it is a thing that if not, we are going to have to wind up doing subsidy, so I would move at this time, Mr. Mayor, that we grant the request of Ballet Concerto for... do I need English lessons? ... for these as requested. Mayor Suarez: The Concerto folks, let's call it. Commissioner Plummer: I so move, Mr. Mayor. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: What exactly are we doing? Are sending in effect to the Manager to negotiate with them some sort of a tenancy? Commissioner Plummer: Well, if it asks for the waiver and the 10 percent, and I don't know what there is to negotiate at this particular time. Hopefully, it will be successful and in the future they will be able to pay their own way. 1 January 25, 1990 R Mayor Suarez: And what is the term? Commissioner Plummer: • No, there are four particular dates. A Mayor Suarez: Four particular dates, OK. Commissioner Plummer: Correct. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-65 A RESOLUTION GRANTING THE REQUEST OF THE BALLET CONCERTO COMPANY OF MIAMI/CUBAN FOLKLORE OF MIAMI FOR A WAIVER OF THE $350 RENTAL FEE AND TEN (10) PERCENT OF GROSS TICKET SALES FOR FOUR (4) FUTURE PERFORMANCES TO BE HELD AT THE MANUEL ARTIME PERFORMING ARTS CENTER DURING 1990, CONDITIONED UPON THE ORGANIZATION OBTAINING INSURANCE REQUIREMENTS AS MANDATED BY THE CITY OF MIAMI AND PAYING FOR ANY COSTS ABOVE AND BEYOND THOSE FEES GRANTED BY THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins 2. CONSENT AGENDA Mayor Suarez: CA-1 through 4... Commissioner Plummer: I move them. Mayor Suarez: ... constitute the Consent Agenda. If there is no one that wishes to be heard on those items, we will take them up collectively. Let the record reflect that no one has stepped forward to be heard on those items and they've been moved... Commissioner Plummer: Wait a minute, I think Mr. Rotor Ruder wants to speak. Mr. Alberto Ruder: No, I don't. Commissioner Plummer: OK. Mayor Suarez: Moved and seconded by Commissioner Alonso. Any discussion? If not, please call the roll. Mr. Fernandez: Mr. Mayor... Mayor Suarez: Yes. Mr. Fernandez: Just a minor correction. On the title of the Consent Agenda number one, on the title of it, the amount, there is a discrepancy of the amount which is being corrected. It is just a typo, but the correct amount i 2 January 25, 1990 Mayor Suarez: And what is the term? Commissioner Plummer: • No, there are four particular dates. A Mayor Suarez: Four particular dates, OK. Commissioner Plummer: Correct. Mayor Suarez: Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-65 A RESOLUTION GRANTING THE REQUEST OF THE BALLET CONCERTO COMPANY OF MIAMI/CUBAN FOLKLORE OF MIAMI FOR A WAIVER OF THE $350 RENTAL FEE AND TEN (10) PERCENT OF GROSS TICKET SALES FOR FOUR (4) FUTURE PERFORMANCES TO BE HELD AT THE MANUEL ARTIME PERFORMING ARTS CENTER DURING 1990, CONDITIONED UPON THE ORGANIZATION OBTAINING INSURANCE REQUIREMENTS AS MANDATED BY THE CITY OF MIAMI AND PAYING FOR ANY COSTS ABOVE AND BEYOND THOSE FEES GRANTED BY THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins 2. CONSENT AGENDA Mayor Suarez: CA-1 through 4... Commissioner Plummer: I move them. Mayor Suarez: ... constitute the Consent Agenda. If there is no one that wishes to be heard on those items, we will take them up collectively. Let the record reflect that no one has stepped forward to be heard on those items and they've been moved... Commissioner Plummer: Wait a minute, I think Mr. Rotor Ruder wants to speak. Mr. Alberto Ruder: No, I don't. Commissioner Plummer: OK. Mayor Suarez: Moved and seconded by Commissioner Alonso. Any discussion? If not, please call the roll. Mr. Fernandez: Mr. Mayor... Mayor Suarez: Yes. Mr. Fernandez: Just a minor correction. On the title of the Consent Agenda number one, on the title of it, the amount, there is a discrepancy of the amount which is being corrected. It is just a typo, but the correct amount i 2 January 25, 1990 11 should be $533,000, not $535,000, like on the second place on the title of the agenda. It is ,just a minor... Mayor Suarez: So corrected. Call the roll. THEREUPON, THE FOLLOWING ITEMS, CA-1 THROUGH CA-4 COMPRISING THE CONSENT AGENDA WAS DULY MOVED BY COMMISSIONER PLUMMER, SECONDED BY COMMISSIONER ALONSO AND APPROVED BY THE FOLLOWING VOTE OF THE COMMISSION: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins 2.1 ACCEPT BID: DADE PAVING CORPORATION - FOR LOCAL DRAINAGE PROJECT E-61 - AUTHORIZE EXECUTION OF CONTRACT. RESOLUTION NO. 90-66 A RESOLUTION ACCEPTING THE BID OF DADE PAVING CORPORATION, IN THE PROPOSED AMOUNT OF $533,525.00, TOTAL BID OF THE PROPOSAL, FOR LOCAL DRAINAGE PROJECT E-61; WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642, PROJECT NO. 351167 IN THE AMOUNT OF $533,525.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.2 ACCEPT BID: M. VILA AND ASSOCIATES, INC. - ALTERNATE BASE BID PROPOSAL FOR DOUGLAS PARK - PARKING LOT RENOVATIONS - AUTHORIZE EXECUTION OF CONTRACT. RESOLUTION NO. 90-67 A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES INC., IN THE PROPOSED AMOUNT OF $95,837.50, ALTERNATE BASE BID OF THE PROPOSAL, FOR DOUGLAS PARK - PARKING LOT RENOVATIONS; WITH MONIES THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENTS ORDINANCE NO. 10642, PROJECT NO. 331340 IN THE AMOUNT OF $95,837.50 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.3 ESTABLISH SPECIAL MOORING AND DOCKAGE FEE FOR USE OF AVAILABLE SLIPS AT MIAMARINA CONCERNING THE MIAMI INTERNATIONAL BOAT SHOW. RESOLUTION NO. 90-68 A RESOLUTION ESTABLISHING A SPECIAL MOORING AND DOCKAGE FEE OF $0.60 PER LINEAR FOOT PER DAY FOR THE USE OF AVAILABLE SLIPS AT MIAMARINA BY PARTICIPANTS AND GUESTS OF THE MIAMI INTERNATIONAL BOAT SHOW DURING THE PERIOD FEBRUARY 11 THROUGH 23, 1990; SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI 3 January 25, 1990 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.4 ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY POLYSPORT, INC. - FOR PRESENTATION OF THE CARIBBEAN BASEBALL WORLD SERIES. RESOLUTION NO. 90-69 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY POLYSPORT, INC. FOR THE PRESENTATION OF THE CARIBBEAN BASEBALL WORLD SERIES ON AN ANNUAL BASIS FOR A THREE YEAR PERIOD BEGINNING FEBRUARY, 1990 ON SELECTED DATES GENERALLY IN FEBRUARY EACH YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ------------------------------------------------------------------------------- 3. FIRST READING ORDINANCE: AMEND CODE SECTIONS 54-101 AND 54.5-12(D)(4) - CLARIFY STANDARD STREET WIDTHS FOR PUBLIC STREETS AND ADD DESIGN STANDARDS FOR ONE-WAY PRIVATE STREETS. Mayor Suarez: Item 2. Commissioner Plummer: Move it. Mayor Suarez: First reading, so moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 540101 AND 54.5- 12(D)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED BY CLARIFYING STANDARD STREET WIDTHS FOR PUBLIC STREETS AND BY ADDING DESIGN STANDARDS FOR ONE- WAY PRIVATE STREETS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins 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. 4 January 25, 1990 F 4. (A) DISCUSS AND TABLE PROPOSED RESOLUTION TO AMEND THE INTERLOCAL AGREEMENT AND CONTRACT BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, MIAMI BEACH AND VILLAGE OF BAL HARBOUR AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. - TO CARRY OUT CONVENTION PROMOTIONS, BOOKINGS AND SALES ACTIVITIES ON BEHALF OF THE. PARTICIPATING PUBLIC AGENCIES (See labels 7 and 11). (B) BRIEF DISCUSSION WITH MERRETT STIERHEIM (PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU) CONCERNING PROMOTION OF CONVENTIONS AND TOURISM. ------------------------------------------------------------------------------- Mayor Suarez: Item 3. Commissioner Plummer: Move it. Mayor Suarez: Moved. Is this the Greater Miami Convention and Visitor's Bureau, by any chance. Commissioner Alonso: Yes, I second. Mayor Suarez: I see Mr. Stierheim. It's been seconded. Merritt, would you come up to the mike for a couple of seconds? Let me tell the Commission I have tried to reach Vice Mayor Dawkins to see what his feeling was procedurally on our handling of this item since he had sat on the board, the executive board, I think it is called, right, Merrett? - for the last couple of years, I believe, and they have not been able to reach him. The item certainly has been discussed here plenty enough, so it isn't like anybody's going to be surprised and I believe he would have known at the time that it was scheduled that it would be up for consideration today, wouldn't he? Mr. Odio: I really don't know. Mayor Suarez: Don't know. Should Merrett, like anything else in life, fact that he will be arriving today at we would have to move to reconsider. place, so I just want you... there by any objections on his part, I hope that you take into account the 3:00 p.m. Conceivably in the afternoon I can't imagine that that would take Mr. Merrett Stierheim: Oh, tt.at .:•ould be perfectly all right. I mean, I... Mayor Suarez: We don't think that we would have a special session, so our next Commission meeting would be on the 8th of February, I believe, or 7th, but I should know by the end of the afternoon today whether he has any objections to our having taken up the item without his expressed... Mr. Stierheim: Maybe I could... may I make a suggestion, Mr. Mayor? If it is your pleasure to proceed, you could approve it and then with the understanding that if Commissioner Dawkins has any serious problems, it could be brought back before the Commission. Mayor Suarez: Absolutely, that's our intention. If no one else has any questions, I do want to put on the record what I said to you yesterday as we met in the parking lot that having just come from the Far East, there is an incredible lack of presence for Miami in terms of advertising or just visibility, even brochures that can be distributed. Each agency that we have produces some brochures and so on, so we do have some materials to give out. But very little by way of formal advertising and I know your predecessor had the belief that we ought to promote conventions, but I think that we ought to promote also classic tourism and in the Far East they have a real preference for cites with warm weather. Probably my fellow Commissioners know more about it than I do, they travel more, possibly, but it is just incredible how little they know about Miami. What they know is all Miami Vice, basically. Mr. Stierheim. I'll try to be responsible to that. May I take this opportunity to just say something very briefly? Mayor Suarez: At your own risk. 5 January 25, 1990 Mr. Stierheim: I very much appreciate the comments that have been made publicly and privately by members of the Commission and I worked closely with Cesar through the years and I've already met with Tony Pajares and members of this staff. I just want to pledge to you that I'm very confident that we are going to work closely together and I want you to feel a sense of ownership and identify with the bureau. I think that in the coming months and years I'll demonstrate that, but I want to thank you for the positive things that you've said about me personally and hopefully it's a new day. Mayor Suarez: Well, the budget is already going to be less for legal fees because we've handled all of this without your attorney being present and we are about take a vote on it, so... Mr. Stierheim: Is that right? Commissioner Alonso: Yes, I'd like to make also a comment about, Mr. Mayor... Mayor Suarez: Commissioner Alonso. Mr. Stierheim: Well, she is just here to interpret for me if I need interpretation, nothing else. Commissioner Alonso: Yes, I'd like to say I've had a very nice conversation with Merrett Stierheim and I really enjoyed it. I have faith in the future and I hope that they will listen to Miami much more. I also discussed with him that I had a serious concern in the agreement by which the real contribution that the City of Miami made, it's not what is stated in the agreement, it is mentioned that our contribution is only $100,000, when it is in fact, it is over 50 percent of the amount sent by the County. I expressed to him as I had said in the previous meeting that I would like that to be included in the agreement as a recognition of respect to the City of Miami and it is only just that it is included somehow in this agreement and in future references in the future years ahead. I also would like to say that, as Mayor Suarez has stated, I feel very strongly that our image, not only internationally, but even in the United States, it's something that needs to be reflected and addressed and I hope that our voice will be heard a little bit more than in past years because the working relationship with the City of Miami has not been as effective as it could have been, but I have faith in the job that you will do I am sure that we will be able to work with you in that. Mr. Stierheim: Thank you, Commissioner. Mayor Suarez: OK, anything further on the item? NOTE FOR THE RECORD: COMMISSIONER DE YURRE ENTERED THE MEETING AT 9:12 A.M. Mr. Plummer: Merrett, let me just say to you I am tickled pink that you are aboard and now directing that office. Merrett, I want to remind you, this contract is only for one year and by performance, we will deal with it again in the coming year. Let me just offer you a suggestion, and I don't think, Mr. Mayor, I am out of line. You tell me if I am. In keeping with the Mayor'a comments, I have a very close friend in Tokyo who is the financial vice president of American Express who are spending $5,000,000 a month to generate the United States and I think that you could possibly tie in with that individual and possibly do some good from the ground up with that and I'll be glad to impart that name to you. Mr. Stierheim: I'll follow up with you, thank you. Commissioner Alonso: If I may add just one... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: ... minor thing and I do hope that the bureau discovered Latin America, such an important part of the world and also minorities, to work with them, that could really be very helpful to the work of the bureaus as well as to image all through the world. Thank you. 6 January 25, 1990 Mayor Suarez: Call the roll on the item. _ _ Mr. Fernandez: Mr. Mayor, a point of clarification. Are the suggestions made by Commissioner Alonso to modify the present agreement part of the motion to pass this item? Mayor Suarez: Which were those? Mr. Fernandez: To modify the proper funding formula. Mayor Suarez: Oh yes, to recognize the City's input by vay of, even though it is not directly handled by us, by way of what it comes out to be. Merrett, you have no problem with that? Mr. Stierheim: Yes, may I... what I suggested yesterday when I met with Commissioner Alonso is that I would be happy to put that in writing annually. It could be attached as an addendum. Whatever it is, it is. Right now it is approximately $2,600,000 is collected within the City and Commissioner Alonso is absolutely correct. It will change from year to year and I think legal counsel has advised me not to be specific, but we could put an addendum to it or we could reference it. Mayor Suarez: Oh, the agreement will not specify the amount. It would specify that the amount has to be mentioned somewhere, fairly prominently, I guess. Mr. Stierheim: That is what we are suggesting if we could do that. Commissioner Alonso: Yes, it would be advisable. It is my understanding by the figures given to me through the county, the bureau and every source that I have approached, that the contribution made by the City of Miami is around the neighborhood of SO percent of the amount that the County gives to the bureau. It is important that it is stated because it is a recognition to the City of Miami because we indeed provide that amount of money. Mr. Stierheim: If the minutes will reflect, I will give you a letter that will break it down as to exactly where it's collected and it can be attached to the document. Mr. Fernandez: It's still not clear to me, Mr. Mayor that that meets the intent of Commissioner Alonso's request that it be part of the agreement, the item that you are passing today. Commissioner Alonso: If we would do it in the form of an attachment, do you have objections that we make an attachment... we add an addendum? Mr. Stierheim: The problem is that if you change the body of the document now, we've got to go back to the County and everybody else. Mr. Odio: Let me say something. This is not a two-party deal. This goes with Bal Harbour., Miami Beach, and then you would have to go back and change all of the contents. Commissioner Alonso: Mr. Manager, do you think any City would have any objections as not... as any kind of opposition to the City of Miami showing exactly what is our real contribution? I think it is unfair to the City of Miami that we provide 50 percent and it's not even mentioned in the body of the agreement. To me this is going too far. Mr. Stierheim: What I am suggesting, counsel, is that I will give you an accounting and it can be attached to the document and recorded with the document. Mayor Suarez: Your counsel is here, but if it is not a material change of the reciprocal agreements with the other parties, I can't imagine that it affects the validity of those other agreements. I can't... just the fact that you enter into a clarifying subsidiary agreement with the City I don't think will create a problem for ue. Mr. Stierheim: I'm advised that if we change the document as it stands before you... I mean, I'm agreeing with what you want to do and you can attach it to 7 January 25, 1990 C it, and 1111 supply you with an audited statement that will indicate and I agree with the position the Commissioner has taken that it's about $2,600,000, but we change the document itself, we've got to go back and have it amended and have it reapproved in the County, in Miami Beach and so forth, so I mean I'm... Mayor Suarez: I don't think you have to, but I'm not going to argue with you or counselor, you're paying her good money. Commissioner Alonso: Mayor, I'd like to hear the opinion of the City Attorney on this matter. How do you feel about this? I feel strongly enough, I did explain this to you that I feel it's only justified that the City of Miami is mentioned with the real contribution that we made if for not any other reason, just for the simple reason that it is some show of respect to us and also showing that in the future our voice will be heard according to the contribution that we made. Mr. Fernandez: My response to that, Commissioner Alonso would be that this is not a legal issue because the inclusion of this language would not work to make the contract operate differently. It is not an operational provision of the contract, it is rather a quote, unquote, a feel -good type of policy restatement that it would be then the choice and the call of this Commission, whether to in fact have it as part of the contract, or as an attachment or separate document to the contract and then in subsequent years, when they come back, then it should be incorporated into the contract. That would be a compromise situation. Commissioner Plummer: The question is, how do we get the most mileage out of the fact that the City of Miami, in its hotels and beverage, do in fact, and I think that's the really real crux of what she's... Mayor Suarez: Yes, as a matter of fact... Commissioner Plummer: Recognition, that's what she's talking about! Mayor Suarez: And actually, the mechanics of how it's stated to the world is really more important to us than the fact that the agreement says it. The budget is what should say it. That's where we'd like to see it, in the budget somewhere, and that can only be done, I guess, the next fiscal year. Mr. Stierheim: I will give you a certified letter stating that to each of you. You can attach it to the document. I'm not... Commissioner Plummer: But Merrett, that's not what we are looking for. What we're looking for is to let the community know, OK? We know. It's not a letter to us, we know that. But when you give your state of address, as they do every year and any of the documents that go out, I think the City is looking for recognition, that's the important factor. Commissioner Alonso: To everyone else, the City of Miami contribution is only $100,000. It is unfair. It is unfair because it is not included in the body of the agreement and I think it should state that the City of Miami contribution is in the neighborhood of 50 percent of the money provided by Dade County and it is my strong belief that it should be stated and recognized because it is a form of saying, "Yes, we recognize your contribution." Mr. Stierheim: Well, I'm willing to publicize it in anyway that I can. I'm acknowledging it and I'm just asking you not to tamper with the agreement at this point, because otherwise I am going to have to... Mayor Suarez: I've got an idea. How about if we wait... Mr. Stierheim: Commissioner, what I am going to have to do is go back to the County and have it amended and please... Mayor Suarez: Wait, Merrett, Merrett... Mr. Stierheim: Yes. Mayor Suarez: I know when you were County Manager you did whatever you wanted over there, which... 8 January 25, 1990 -- Mr. Stierheim: No, no. Commissioner Plummer: That's not true, because he stayed Manager. Mayor Suarez: That's right. Would you... Mr. Stierheim: That's one of the reasons for survival. Mayor Suarez: About if we table this? Lucia, would you and one of the City Attorneys involved in this meet for a few minutes? It may be a way we can structure this so that it doesn't require going back to the other Cities for modification. I have a feeling that in your infinite legal abilities you'd come up with a way of doing it, because otherwise we are going to argue about it all day. Mr. Fernandez: You are tabling then? Mayor Suarez: Yes, we are tabling. Commissioner Alonso: We tabled, yes. AT THIS POINT, THE FOREGOING ITEM WAS TABLED. NOTE FOR THE RECORD: At this point, Agenda item 4 was withdrawn. ------------------------------------------------------------------------------- 5. (A) ACCEPT A SET FLAT FEE OF $15,000 AS MINIMUM GUARANTEE FROM THE NATIONAL MARINE MANUFACTURERS ASSOCIATION - CONCERNING ITS "PARK AND RIDE" SERVICE ON WATSON ISLAND DURING THE MIAMI INTERNATIONAL BOAT SHOW. (B) GRANT NATIONAL MARINE. MANUFACTURERS ASSOCIATION'S REQUEST FOR TWO OF THE TEN BANNER LOCATIONS OF THE CITY TO PROMOTE ITS "PARK AND RIDE" SERVICE ON WATSON ISLAND DURING THE MIAMI INTERNATIONAL BOAT SHOW. Mayor Suarez: Item 5. Commissioner Plummer: Why is this coming back? Mr. Manager? This matter was dealt with before, why is it coming back? Mr. Odio: - requested to come back. Commissioner Plummer: Lot of nerve! OK. Mr. Lloyd Yanis: If I may address the Commission, Mr. Mayor. Lloyd Yanis, representing National Marilee Manufacturers Association. The reason I asked to bring this back and I certainly understand what happened the last time this came along, is basically that the National Marine Manufacturers Associations, which promotes this event in Miami is a service organization, not a private promoter, but a service organization for the industry. For the record, it's for boating industry and for the members of our industry that are in this community. As a service organization, we feel that we think that we are providing a service to the industry and to the community that's very beneficial. Commissioner Plummer: Is this profit making? Mr. Yanis: It is a nonprofit association. Commissioner Plummer: Association, but is there a profit being made? 9 January 25, 1990 Mr. Yonia: At the boat show, yea, air. Commissioner Plummer: Yes, that's right. Mr. Yanis: There is a profit being made on this particular part of it, which is the parking ride, which is I guess what's in question here. What I want to discuss with the Commission, if you'll allow me, is simply how the Miami International Boat Show can be more involved with the City and give you what you are looking for as far as... because we are a service, I'd like to know what we might be able to do for the City, because obviously something went wrong with our agreement as far as the... Mayor Suarez: You can do that individually with the Commissioners. What's the issue before us? Commissioner Plummer: Mr. Mayor, the issue is, they want part of the profits of using Watson Island for parking and I said we're entitled to all of the profit and that's what this Commission voted. That's I wondered why it's back here. Mayor Suarez: Did you request in writing to be heard? Mr. Odio: He requested in writing to be heard again. Mr. Yanis: That we rediscuss it, yes, sir. Commissioner Plummer: You want to give us a flat fee? Mr. Yanis: I'd be happy to have the... Commissioner Plummer: Well, what's the flat fee? Mr. Yanis: It hasn't been negotiated. Commissioner Plummer: Where's Rotor Ruder? Mayor Suarez: Yes, if we get a guarantee, then we have less risk and you take the risk that you won't generate enough and then you are able to keep the profits beyond that. That's another interesting... Commissioner Plummer: That's fine, I'll take minimum guarantee. Mr. Yanis: We'd be willing to do that and take the burden off of the City and just run the thing ourselves. Commissioner Plummer: It's no burden. Mayor Suarez: I am sure you would, depending on the amount. Let's see if we can figure out the amount. If the minimum was a dollar you would do it for sure. Commissioner Plummer: Al, last year we got it for... they are talking about giving us a flat fee instead of per car. Mr. Alberto Ruder: Well, the way the deal was last year was just, a boat show, right? Commissioner Plummer: Right. Mr. Ruder: After the gross revenues came in from the tickets, they received one third and then we received... Mayor Suarez: What did we net last year, Al, is what we are trying to get at? Mr. Ruder: Last year the City netted $7,000. The gross was $20,437. They received about $6,800 and kept $7,000 because we had to pay the expenses. Commissioner Plummer: How about $15,000? Mr. Yanis: I guess that's what you are looking at this year, isn't it? 10 January 25, 1990 . r Commissioner Plummer; A flat fee. Mr. Yanis: I guess I didn't realize this was a negotiating session, but... Commissioner Plummer: I'll make a motion at this time we take a flat fee of $15,000 or 100 percent and give them the option. Mr. Yanis: It's acceptable to us. Commissioner Plummer: Excuse me? Mr. Yanis: It is acceptable as a minimum guarantee. Commissioner Plummer: OK, that's fine. Mr. Ruder: OK, then the expenses... Commissioner Plummer: Of course, the expenses are theirs, the security is theirs the indemnifying of the City against liability is theirs and we take a flat fee of $15,000. Mr. Yanis: Al, we'll work out the details? Commissioner Plummer: Yes, the details, very simple, bring us a check! Mayor Suarez: It sounds like it's pretty detailed already. All right, so moved. Commissioner Alonso: Second. Mayor Suarez: Any discussion? Please call the roll. Mr. Yanis: I did want to make a... Mayor Suarez: Wait. Commissioner Plummer: You want to up the minimum? Mr. Yanis: I wanted a discussion on a different item. I don't know if this is the proper procedure for that or not. Mayor Suarez: On a different item? Mr. Yanis: Yes, sir. Mayor Suarez: Related to this? Mr. Yanis: Related to the boat show. Not related to this. Mr. Plummer: You'd better get this one passed first. Mayor Suarez: All right, let's go ahead and complete the roll call. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-70 A RESOLUTION AMENDING RESOLUTION NO. 89-951, ADOPTED OCTOBER 12, 1989, CONCERNING THE USE OF WATSON ISLAND AS A "PARK AND RIDE" LOCATION FOR THE MIAMI INTERNATIONAL BOAT SHOW TO BE PRESENTED BY THE NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. (NMMA) DURING THE PERIOD FEBRUARY 15 - 21, 1990, BY PROVIDING ALTERNATIVE USE FEES, TERMS AND CONDITIONS, INCLUDING PROVISION FOR A $15,000 MINIMUM USE FEE, WHICH MAY BE SELECTED AT NMMA'S OPTION, FOR PLACEMENT IN THE USE AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 11 January 25, 1990 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: 'Vice Mayor Miller J. Dawkins Mayor Suarez: You seem to be having a good day. Go ahead for another one. Why would we take up any other items? Mr. Yanis: In order to promote the park and ride. We have asked the City and then of course, the boat show, no question about that., to place banners on the typical locations for events, which would be the Rickenbacker flyover and the police along I-95 and that we were turned down, and because basically the statement that was made by Public Works was that it was not a City event and we'd like to... we are in the City and obviously we are willing to negotiate this arrangement and we'd like to be able to put those banners up, that's all. Mr. Plummer: Well, we have ten banner locations, right? Mr. Ruder: I think approximately, yes. Commissioner Plummer: Why can't we give them two to promote the parking lot, since it's to our benefit. Commissioner Plummer: I'll maize a motion that we give them two of the banner locations for a period of ten days, the banners at their expense, placing them up and taking them down at their expense. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-71 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF THE NATIONAL MARINE MANUFACTURERS ASSOCIATION FOR TWO OF THE 10 BANNER LOCATIONS OF THE CITY OF MIAMI FOR A PERIOD OF TEN DAYS, FOR PURPOSES OF PROMOTING ITS "PARK AND RIDE SERVICE" ON WATSON ISLAND IN CONNECTION WITH THE MIAMI INTERNATIONAL BOAT SHOW; FURTHER STIPULATING THAT SAID GROUP SHALL BEAR ALL RELATED COSTS AND EXPENSES CONCERNING PLACEMENT AND DISMANTLING OF SAID BANNERS. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins Mayor Suarez: I gather that we're setting policy that we don't mind those banners being place for certain private events and I hope that each time it doesn't have to come to the Commission. Mr. Manager, you could use your discretion. Don't be too inflexible about that. 12 January 25, 1990 6. BRIEF DISCUSSION WITH CITY MANAGER CONCERNING PROPOSED ADVERTISING FOR THE POSITION OF EXECUTIVE DIRECTOR OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY - DIRECT LOCAL ADVERTISING ONLY. Mr. De Yurre: Mr. Mayor, if I may, I'd like to hear from the City Manager. What's the status on the director's position as far as advertising at the Sports & Exhibition Authority? Mr. Odio: It will be advertised, sir. I believe we going to start advertising today... Commissioner Plummer: Can I ask a question? Mr. Odio: ... in the Wall Street Journal and the... Commissioner Plummer: What is a 401K plan? Mr. Odio: I'll send you a copy. You're reading from the... Commissioner Plummer: I'm reading from what is the draft of the proposed ad. Mr. Odio: Yes, I hope yours is changed because it said that you have five days to reply and that's the first conversation by the way, but... Commissioner Plummer: What is the 401K? Mr. Fernandez: A deferred compensation plan and for government employees who would be the same thing as a portable pension. Mr. Odio: It's a portable pension. That is... Commissioner Plummer: A portable pension? Mr. Odio: That is very important in this business, believe it or not. But that advertisement you have in your hand can change, I believe you asked up five days to reply. That's not acceptable I told them to change it to 30 days and advertise it today. You should have the advertisement. Commissioner Alonso: And I have a question. What are we going to do with the position once Mr. Blaisdell leaves, I understand the 9th. Mr. Odio: He leaves on the 9th and that's no problem. I will be running the Authority. They know who they have to report to. Commissioner De Yurre: Well, but the thing is that I thought... my feeling is that there was an emergency to a degree and since I wanted Blaisdell to be around that as the on -hand day to day knowledge of running the business, that he would be able to come, you know, the new director would be able to sit with him at least for a week or so where he can break him in and show him a number of things that I'm sure you are not privy to because you're not there every day and... Mr. Odio: I can handle that. I can handle that. Commissioner De Yurre: And I also would like to see, because just like we did with... and I think it's our policy that, and I don't know how the rest of the Commission feels, but you know, I would like, certainly, that when we find qualified people that we go to local people first, as opposed to, you know getting... you know, and I have a bad ... Kirkland left me with a bad taste in my mouth, you know, coming into town and touted as the top gun in the business and then just leaving after about a year and one-half or two years... Commissioner Alonso: Let me go further on this. Are we doing a national search on this? Mayor Suarez: No, we are just advertising. We're just advertising. Mr. Odio: We were... are going to advertise. 13 January 25, 1990 Commissioner Alonso: But you mean we are going to keep this local, aren't we? Mr. Odio: It's up to... let me clarify something, because you are asking me the questions that... Mayor Suarez: Wait, wait, Mr. Manager, we're not contradictory, the fact that we advertised. If. you were to get an application from someone, say in Orlando, or anyplace, for that matter, you wouldn't reject that just because they are not from this area, but I don't think we're going to a national search here when we have all kinds of people... Commissioner Alonso: I hope not. Mayor Suarez: ... locally that can... Mr. Odio: We're not, but, I am not going to make the decision. As I understand the new ordinance, is the board that is appointed over there is going to make the derision. I thought it was your decision to make up to this point, up to the minute we are discussing this, it is your responsibility to make the appointment, isn't it? Mr. Odio: No, it isn't, Commissioner. The way I understood it was that I was to prepare the advertising, I was to review the operation of the Authority and I have a recommendation prepared for you on what I think the size and the budget should be already. Commissioner Plummer: Where is it? Commissioner Alonso: My... Mr. Odio: But it wasn't due today, Commissioner. I have it ready for the 7th. Commissioner Alonso: I want a legal opinion on this. It is the responsibility of the City Manager. It is the responsibility, of the Authority, it is... Mayor Suarez: Well, yes it is clear that until the new ordinance goes into effect, if... Mr. Odio: Well, wait, right now it's mine. Commissioner Alonso: Today, what is it? Mr. Odio: Today it is mine. Commissioner Alonso: Fine and dandy. And then tomorrow? Mr. Odio: When you pass the ordinance that is proposed, it will be the Authority that will select the... Commissioner Alonso: Are we talking future or present? Mr. Odio: Now it's my authority. After the 7th or whenever the ordinance passes, it won't be my responsibility. Commissioner Alonso: And what if does not passed? Mr. Odio: Then it will be mine and I will select whoever I think, or not select anybody. Mayor Suarez: And in the meantime you're saying you can function yourself in the capacity, OK. Commissioner Alonso: OK, I want to go back to this, because it is very frightening to me, the idea of this national search. Whenever it sounds like that, we are sending a message we don't have local people and I cannot agree and I want this to be part of the record and I want to make it very clear I want to emphasize and I hope the rest of the Commission feels as strongly as I do, I think that we have tremendous talent in Miami. I think that we have it in the City of Miami. I can even go and say fine, Dade County is fine, but 14 January 25, 1990 If we send a message and say we don't have qualified people in Miami, and to appoint people to represent us in such an important department, executive director that has to sell the image of Miami, someone who is committed here, someone that will not fly away when he or she is offered a better job and do not have roots in Miami, I don't like that. I think that we have fine people in Miami, highly qualified, and I want to make very clear today my position and I will not agree on a national search until I'm given proof that we don't have one qualified person in Miami, in Dade County that can take the job and then I have to say it will be the saddest day of my life, because I will be accepting that we don't have qualified people in Miami, so please, let's be sure that we keep this at the local level and don't fly away to advertise and say, we want people from outside Miami because we know the story and I'm going quote names Mr. George Gerlin, a fine individual, highly qualified, but he did not have roots in Miami. I feel very strongly about the position of Merrett Stierheim, because I feel that he has roots in Miami. He belongs here in this town, he cares about us and that's very important to me, but whenever we get people that do not care the same way about Miami, I get very paranoid and I hope that this Commission feels exactly the same way I do. Mayor Suarez: To logistically accomplish that, Mr. Manager, because you are saying that we are not going on a national search. Why are we advertising in the Wall Street Journal? Mr. Odio: Well, professionals read Wall Street Journal. We wanted to make sure we reach every professional. Now, if you want to save the money... Mayor Suarez: Wait, wait, to be specific, why don't we agree not to advertise in the Wall Street Journal, to advertise in the local newspaper and be done with it. Commissioner Alonso: Exactly. Mr. Odio: Fine. Mayor Suarez: Thank youl Commissioner De Yurre: What was the cost of the Wall Street Journa17 Mr. Odio: $4,000 a piece. Commissioner Alonso: Imaginal Let's give it to an institution that needs our help. Let's give it to a park. Let's give it to something useful at the local level. Mayor Suarez: I entertain a motion that the advertising be locally only. Commissioner De Yurre: Moved. Mr. Odio: Fine. It will be done. Mayor Suarez: Moved. Why don't we go ahead and vote on it, Commissioner, to be sure. Commissioner Alonso: Yes, second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-72 A MOTION DIRECTING THE CITY MANAGER TO ONLY ADVERTISE LOCALLY CONCERNING PRESENT VACANT POSITION OF DIRECTOR OF THE CITY OF MIAMI SPORTS AND EXHIBITION AUTHORITY. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 15 January 25, 1990 AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Miller J. Dawkins Commissioner De Yurre: Do we make another motion now to say that instructing whoever is going to be in the decision making process to give priority to Dade Countians7 Mr. Odio: I want to clarify that, because by the time the advertising.., it takes 30 days to get resumes. Commissioner De Yurre: Well, I mean, as far as the ads. Whatever applications come in, we just... Mayor Suarez: I don't know that we have to do it, because we could just relay this particular discussion where I think the consensus is clearly to choose somebody locally if at all possible. Commissioner Plummer: Well, that's not fair, Mr. Mayor. It's not fair to someone who applies from out of Dade County. Mayor Suarez: Yes, that's why I wouldn't want the... Commissioner Plummer: And I think you ought to put it in there that a local Dade County person has an advantage, whatever terminology that you want, but I think it's unfair that someone from Broward County were to apply, not knowing that there is an edge for a local person. I think that should be included. Mayor Suarez: If that's what you want to do. Commissioner De Yurre: That's fine. Mayor Suarez: All right, let's put it in those terms. If we are not getting into the issue of evaluation points or you know, how the criteria wili be applied, just a general statement that we're basically looking for somebody local if at all possible. Commissioner Alonso: Also I have another comment. I just hope that we keep this in a very healthy way, we do it as fast as possible. I recall that when the attorney for the City of Miami was selected, it was done in a very effective way by this Commission and I recall that everyone in the City of Miami was happy to see that happening, because sometimes when we... Mayor Suarez: The City Manager too. Commissioner Alonso: When we go to replace an individual and we go in such a tremendous search and it's not any better, so I just hope we do it in a healthy way, in an effective way and we don't make such a big issue out of that. Commissioner Plummer: But look what we got! Same comment. Commissioner Alonso: That's not I think both of them are fine individuals, so I think we are very proud of them. Mayor Suarez: I get a big kick out of Commissions that go on national searches because the implication really is that out of 2,000,000 people there is no one qualified to do the job in Dade County. Commissioner Alonso: I don't want to send that message. Commissioner Plummer: Mr. Mayor... Mayor Suarez: It's so ridiculous, But I wouldn't want to exclude anybody from Broward or any other place. 16 January 25, 1990 Nwim Commissioner Plummer: I'm just going to make a comment for the record. Mr. Manager, I am still concerned about the Sports Authority to this extent. The basis of this thing originally was for the exhibition. I don't find anywhere in this criteria a person who has some kind of background in exhibition. Now, that tells me that the thrust of this Authority was not what was originally planned, nor is there really any emphasis. God knows this community needs an exhibition center if we are going to continue it to be a tourist center. It is very important, and I'm not saying exclude... exclude anyone who has the sports in mind, or some thrust of sports, but I really don't find anything in this description that puts any kind of emphasis on the second phase, or to me, the next phase and the important phase, and that's the exhibition center. Mayor Suarez: It should have been in there. What... Mr. Odio: If you read it, it says that development of facilities for... read it, Commissioner. Commissioner Plummer: It doesn't really... look, in the same way that you need a CEO to operate a sports authority, you need the same kind of knowledge in the individual who has some knowledge about exhibition centers. Now, you can say OK, we're going to be very bland and we're going to say an administrator, but let me tell you, the operation of an exhibition center is a specialty item and I would hope that we would try and find someone that has the blend of both, the operation of a Sports Authority and/or exhibition center. I don't find that. You talk about international sports at this criteria. You talk about other things, but you don't give to me any emphasis about exhibition centers. Mr. Odio: Well, you can change the language anyway you want to. Commissioner Plummer: Well, I don't want to change the language. I just hope you would incorporate something in this here to say just exactly what the title is, sports and exhibition. Mayor Suarez: Expand a little bit on the fact that we have set for a priority the creation of an exhibit facility and actually have already done the principal sports facility that was envisioned, which was basketball. Now, that is perhaps the clear next priority, although major league baseball, as a promotional thing also is important. Any problems with that? OK. Commissioner Plummer: Fine. Mayor Suarez: We'll leave the wording up to you. Do you need that in the form of a motion? If not, we will get back to your item. I guess you've got an agreement on the legal logistics of... Commissioner De Yurre: Do we need a motion on this now on the localizing of the selection process? Mayor Suarez: You had made a suggestion to that effect, Commissioner Plummer. Was that voted on, Madam City Clerk? Ms. Hirai: No, sir. Mayor Suarez: OK. Ms. Hirai: That Dade County residents be given preference. Mayor Suarez: You wanted to have that in the form of a... Commissioner Plummer: I don't think it's necessary. Just ask him to include it, that's all. Mayor Suarez: OK. Mr. Fernandez: We understand your instructions and what you have told us, we don't need you to take a vote on, we take that as direction. We'll make sure that we reflect the local preference... Mayor Suarez: All right. Mr. Fernandez: ... and everything else you have mentioned. 17 January 25, 1990 C7 • Mayor Suarez: And that we expand on the exhibit facility aspect of the job? 7. (Continued discussion) DISCUSS AND TABLE PROPOSED RESOLUTION TO AMEND THE INTERLOCAL AGREEMENT AND CONTRACT BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, MIAMI BEACH AND VILLAGE OF BAL HARBOUR AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. (See labels 4 and 11). Mayor Suarez: Now, Merrett, we've got a deal, understanding? Do we need to take a vote on it? Mr. Fernandez: Yes, you do at this time. Mayor Suarez: Oh, we haven't voted on the initial thing, OK. What do you want to put on the record as to what the modifi... Mr. Fernandez: What we have agreed to do is on the title page of the agreement itself, that says the 1989-1990 interlocal agreement between Dade County, City of Miami Beach, City of Miami, we will put an asterisk on the upper right hand corner of the City of Miami, very visibly. Keep in mind this Is a front page to the entire agreement and the title continues, and the Village of Bal Harbour and contract with Greater Miami Conventions and Visitors Bureau, then we will footnote at the bottom of the front page of that agreement the following language, related to the asterik "The amount of resort tax revenues collected within the City of Miami is $2,688,000," and we believe that this clearly conveys a message to anyone that reads that contract, that has occasion to look at it, that the City of Miami is receiving due recognition. Commissioner Plummer: I don't agree, OK? And let me tell you why I don't agree. I think to put a number there, is either, as I always dealt with TDC is either projected or hoped or maybe. I think putting the percentage there is reality and I think that is what I think should be there, rather than a dollar figure. Mr. Fernandez: We can further go on and then put in parenthesis right next to the $2,600,000, "This comprises 47 percent of the total." Commissioner Plummer: OK, but is that last year's figure, or projected this year? Mr. Merrett Stierheim: That's the last year's figure, the last year's... Commissioner Plummer: But that's actual dollars collected? Mr. Stierheim: Actual dollars, yea, sir. Mr. Stierheim: And whatever the percentage is, I have no problem with putting that on there. Commissioner Alonso: That's the fiscal year. Commissioner Plummer: Yes, that's fine. That's fine. Mr. Stierheim: Mr. Mayor, I want to tell you something. I'm going to supply you with a complete accounting of every dollar collected, every fee retained, and how much money directly comes to the bureau. It will be laid out specifically. Mayor Suarez: Tell us the model car you are driving and all of that too, although I saw it. Mr. Stierheim: I haven't got one yet.. Mayor Suarez: Tell us the model car you are driving and all of that too. Mr. Stierheim: I'm still driving a tennis vehicle, sir. 18 January 25, 1990 Mayor Suarez: Although I'll tell you, I saw the one you were driving yesterday. Commissioner Alonso: You are not planning on a honeymoon, are you? Mr. Stierheim: Yes, I am. Mayor Suarez: Honeymoons you take, any of that stuff.. We have a motion and a second, with all those modifications, do we? Commissioner Plummer: Mr. Mayor, let me state for the record, we have had more information this morning out of Merrett Stierheim in five minutes than we've had in the past three years. Mayor Suarez: He did it in a forthright way too, as opposed to extracting it, like pulling teeth. Yes, sir. NOTE FOR THE RECORD: AT THIS POINT THE CI`rY COMMISSION MOMENTARILY TABLES CONSIDERATION OF THE INTERLOCAL AGREEMENT TO RECOGNIZE MR. GEORGE MARTINEZ IN A FUNDING REQUEST. 8. DIRECT CITY MANAGER TO REFER PROPOSAL FROM GEORGE MARTINEZ, CHAMBER OF TOURISTS OF AMERICA, INC., TO THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC. FOR CONSIDERATION OF THEIR REQUEST. Mr. George Martinez: Mr. Mayor, I want to say something. My name is George Martinez. Commissioner Plummer: In reference to this, sir? Mr. Martinez: Yes. Commissioner Plummer: Oh. Mr. Martinez: I'm a member of the Chamber. of Tourist of America Inc. a minority and non --profit organization. Commissioner Plummer: What? Excuse me, I'm sorry, a member of...? Mr. Martinez: Chamber of Tourists of The Amei:can Incorporated, which since 1978 we are promoting the City of Miami and we feel like a minority corporation, which you are entitled to represent the City of Miami and promote the business in Latin America. I've given a letter, the president of the company is giving a letter to everybody as a minority corporation. We have the past experience that nothing has been done by the Miami Convention Bureau in the past and we feel that we are entitled, as a minority corporation to promote Latin America and require $200,000 to promote this matter. Mayor Suarez: OK, first of all, you are not promoting Latin America, you're promoting Miami in Latin America. Mr. Martinez: Well, Miami in Latin America, that's what I say. Mayor Suarez: OK. Mr. Martinez: Chamber of Tourists Incorporated. You know, because I had to meet you in the past that the Latin America... Miami Latin America, you even said before when you went to Hong Kong, you said in a brochure over there, I think even in the United States mail system even, it's a competition. I think this is like a monopoly that nobody has a chance, not even a minority group has a chance here to represent the City of Miami and to put in the competition with anybody. You gust came up from Hong Kong and you said it. I think we deserve a shot too, to put it in plain simple English. 19 January 25, 1990 Commissioner Plummer: Wouldn't you Convention Bureau for that? Mr. Martinez: No, air. Mayor Suarez: OK, at this point in the proceedings, the beat we can do in regards to this item, is to refer to the agency for consideration of your publicity program. You obviously can get, you know, a hearing before us to see if we want to take any action directly through City of Miami, but I'd have no problem entertaining a motion that this be referred with a recommendation of that the Authority, the agency, with its new executive director consider your application. They ought to be looking at advertising throughout the -_ world, including of course, Latin American and in doing so, if they don't have the capability to do it in house, to do it through consultants and I have the feeling that they don't have the capability in house, maybe they do. OK? - Commissioner Plummer: I'll offer a motion this by referred to... Mr. Martinez: Can I say something, Mayor? Mayor Suarez: Well., I can't imagine that it would change from that, but let's go ahead and take the motion the Commissioner is making and vote on it. Is that the way you were phrasing the motion, as I stated it more or less, J.L.? Commissioner Plummer: The motion to be to... Mr. Martinez: No, but I want to say something, you want don't want. Mayor Suarez: Wait, wait. Do we have a second on that motion? Second. Call the roll on the motion. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-73 A MOTION OF THE CITY OF MIAMI COMMISSION REFERRING PROPOSAL FROM MR. GEORGE MARTINEZ, OF THE CHAMBER OF TOURISTS OF AMERICA INC., TO THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., WITH A RECOMMENDATION THAT THEIR REQUEST BE CONSIDERED. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins Mayor Suarez: What you have really is to go before the agency and make your presentation to them. Obviously, we're referring it to them. They are the ones that have to take action on it, but they better come up with some kind of an ad campaign, including Latin America, of course. Mr. Martinez: Well, a minority nonprofit corporation should be included too. Mayor Suarez: Yes, whatever... Mr. Martinez: Let me say something that's off the record. I have the experienced person. Mayor Suarez: No, everything here is on the record. Mr. Martinez: OK. I'm sorry, because you know... 20 January 25, 1990 Mayor Suarez: Occasionally we strike things from the record, or we wiah we could, but... Mr. Martinez: I'm sorry, because it is not against you. I'm not a Yale or Harvard graduate. I learned my English right here in the City of Miami and have personal experience, personal experience, I had a meeting with Mr. Kirkland, the mayor of the City where I lived for 31 years, take me personal to Kirkland. I even presented an idea that would help Dade County. I wait six months for an answer, I never had an answer. But I see in the City I live for 31 years, I really see that a particular hotel was very well promoted and the convention, but they're mom and pop businesses, mom and pop, the little hotels, even the City of Miami, the little hotels, you don't see tourists over here. I traveled in Latin America for 20 years. I know from the Mexican border to the Valparaiso, Chile and I know one thing, ten years ago, for example, to pick it up, the City of Miami Beach and the City of Miami was taken for granted. Now we have to go and sell it, we had to go and really sell it. Thank you very much. I'm sorry. Thank you Mrs. Alonso, you did very well. Keep on that track. Mayor Suarez: Did we call the roll on that item already, Madam City Clerk? Ms. Hirai: Not on the prior one, Mr. Mayor. Mayor Suarez: I'm sorry? Ms. Hirai: On the one... Mayor Suarez: Not on the referral? Ms. Hirai: On this one, we finished. ------------------------------------------------------------------------------ 9. ACCEPT BID: FRANK J. MORAN, INC. - FOR REPLACEMENT OF A 183-CELL SUPPLY TO CITY'S COMPUTER DEPARTMENT - FOR REHABILITATION OF ITS UPS BATTERY BANK WHICH SUPPORTS POWER SUPPLY FOR THE PUBLIC SAFETY COMMUNICATIONS SYSTEM - FOR DEPARTMENT OF G.S.A. ------------------------------------------------------------------------------ Mr. Plummer: The Administration asks that they presented to you a resolution to replace the batteries for the backup of the computers for $31,570. It is a resolution, I so move. Mayor Suarez: So moved. Commissioner Plummer: You have a copy. It's important. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-74 A RESOLUTION ACCEPTING THE BID OF FRANK J. MORAN, INC. j FOR THE REPLACEMENT OF A 183-CELL SUPPLY TO THE CITY'S COMPUTER AND TO REHABILITATE THE EXISTING 124-CELL UPS BATTERY BANK WHICH SUPPORTS THE POWER SUPPLY FOR THE _ PUBLIC SAFETY COMMUNICATION SYSTEM FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST NOT TO EXCEED $31,570.000; ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21 January 25, 1990 Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins 10. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. ------------------------------------------------------------------------------- Certifications of Appreciation presented to Lazaro Garrido, Reynaldo Villena, Albert Villena, Oscar Ruiz and Francisco Guerra, members "Positive, Inc." who won in their division in the "Hoop It Up" Basketball Tournament, December 1-3, —� 1989. _ 11. (Continued discussion) AUTHORIZE EXECUTION OF AMENDMENT TO INTERLOCAL _ AGREEMENT AND CONTRACT BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, M.IAMI BEACH AND VILLAGE OF BAL HARBOUR AND THE GREATER MIA14I CONVENTION AND VISITORS BUREAU, INC. (See labels 4 and 7). -------------------------------------------------------------------------------- Ms. Hirai: Mr. Mayor, on the interlocal agreement, the addition that we're to make as a footnote, we need a... _ Mayor Suarez: We haven't voted on that. Ms. Hirai: Yes, we have not voted on that. Mayor Suarez: All right. Commissioner Plummer: I moved it. Commissioner De Yurre: Second. Mayor Suarez: Seconded. Any discussion on that modification? If not, please call the roll. Mr. Fernandez: On both of the modification and the agreement itself. Mayor Suarez: That on the agreement? Ms. Hirai: Yes. Mayor Suarez: The agreement as modified. 22 January 25, 1990 F L, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-75 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY OF MIAMI AS A PARTICIPATING PUBLIC AGENCY TOGETHER WITIi METROPOLITAN DADE COUNTY, THE CITY OF MIAMI BEACH, AND THE VILLAGE OF BAL HARBOUR, TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., UNDER WHICH SAID BUREAU IS TO CARRY OUT CONVENTION PROMOTIONS, BOOKING AND SALES ACTIVITIES ON BEHALF OF THE PARTICIPATING PUBLIC AGENCIES, THE TERM OF SAID AGREEMENT AND CONTRACT TO BE FOR A ONE-YEAR PERIOD, WITH FUNDS THEREFOR BEING ALLOCATED IN AN AMOUNT NOT TO EXCEED $100,000 FROM METRO-DADE TOURIST BED TAX FUND MONIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 9:53 A.M. AND RECONVENED AT 3:06 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT VICE MAYOR DAWKINS. 12. RATIFY CITY MANAGER'S ACTION IN EXECUTING AGREEMENT WITH AMY H. JORDEN - TO PROVIDE ADMINISTRATIVE ASSISTANCE TO THE MAYOR'S OFFICE. Mayor Suarez: Commissioners, I plead with you to please approve an item that was not before you. It has to do with the procedure for paying a former aide of mine that cannot be paid as part of the regular payroll, but it's from my budget. So moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: I move it. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-76 A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE ACTIONS OF THE CITY MANAGER IN ENTERING INTO A14 AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AMY H. JORDEN, FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE ASSISTANCE TO THE MAYOR AT A COST NOT TO EXCEED $6,000, WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE. OFFICE OF THE MAYOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 23 January 25, 1990 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: NOES: ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez None. Vice Mayor Miller J. Dawkins NOTEi AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR ITEMS TO CONSIDER PLANNING AND ZONING AGENDA ITEMS. 13. FIRST READING ORDINANCE: AMEND ENVIRONMENTAL PRESERVATION DISTRICTS AND SCENIC TRANSPORTATION CORRIDORS ATLAS OF THE CITY OF MIAMI - DESIGNATE ALL PUBLIC RIGHTS OF WAY IN AREA GENERALLY KNOWN AS "THE BRICKELL HAMMOCK PARKWAY SYSTEM" AS A SCENIC TRANSPORTATION CORRIDOR. (Applicant: Planning Department.) Mayor Suarez: PZ-1. I understand that Marty Fine needs to get going to something important. It's PZ-2 right? What do we have on PZ-1? Ms. Sarah Eaton: PZ-1. At the request of the City Commission and the neighborhood, the Planning Department and Heritage Conservation Board have recommended that the Brickell Hammock Parkway System be designated as a scenic transportation corridor and the reason for this is the area does have a unique landscape character as well as an extensive tree canopy and is of substantial environmental importance to both residents and visitors. Mayor Suarez: PZ-1. What is the actual impact, I mean, what does it do? Ms. Eaton: It means that any... Mayor Suarez: It sounds very nice, but what does it do? Ms. Eaton: Any proposed tree removal would require the approval of the Heritage Conservation Board and any proposed improvements to the rights -of - way, including widening or other improvements would require review. Commissioner Plummer: The Roads people came here and they also were concerned... well, here they are. They were also concerned about the removal of medians in the road, which they didn't want. Ms. Eaton: Yes, any change to the right-of-way would require a hearing. Commissioner Plumper: OK, but I mean, it goes on, just... it's not a little simple thing. It was a long, drawn out of why they wanted the request. Mr. Mayor, I'll move it. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Is the record reflect that Joe Wilkins is here on behalf of the Roads Association, presumably in favor. Commissioner Plummer: Move to deny. 24 January 25, 1990 Mayor Suarez: Any discussion? roll. AN ORDINANCE ENTITLED - If not, please read the ordinance. Call the AN ORDINANCE AMENDING THE ENVIRONMENTAL PRESERVATION DISTRICTS AND SCENIC TRANSPORTATION CORRIDORS ATLAS OF THE CITY OF MIAMI, FLORIDA, BY DESIGNATING, GENERALLY, ALL PUBLIC RIGHTS -OF -WAY IN THE AREA FROM SOUTHWEST 1ST AVENUE TO SOUTHWEST 5TH AVENUE BETWEEN SOUTHWEST 23RD ROAD AND SOUTHWEST 27TH ROAD (A.K.A. "THE BRICKELL HAMMOCK PARKWAY SYSTEM," AND MORE PARTICULARLY DESCRIBED HEREIN), AS A SCENIC TRANSPORTATION CORRIDOR; MAKING FINDINGS; MAKING ALL NECESSARY CHANGES ON PAGES NO. 37 AND 36 OF SAID ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins N'ayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins The City Attorney read the ordinance into the publ'ic record and announced that copies were available to the members of the City Commission and to the public. 14. FIRST READING ORDINANCE: AMEND 9500, ARTICLE 15-SPI (SPECIAL PUBLIC INTEREST DISTRICTS) - ADD SPI-21 RIVER QUADRANT MIXED USE DISTRICT - PROVIDE INTENT AND SPECIAL PERMITS, ESTABLISH PERMISSIBLE PRINCIPAL USES AND STRUCTURES, etc. (Applicant: Planning Department.) Mayor Suarez: PZ-2, City of Miami Planning Department. Is this the river project? Ms. Joyce Meyers: Mr. Mayor, this is a recommended new special public interest district, amendment to 9500. This district was conceived and recommended in the downtown master plan. It is intended to... Commissioner Plummer: Where is it? Can you put it up on th map? Ms. Meyers: Can we get the map up, please? The area in yellow is what we are proposing today in item 3 to apply it to, although the district is intended eventually to be extended to what we call the entire river quadrant, what goes as far east as Miami Avenue and I-95 on the north. Commissioner Plummer: Does anyone here want to object to it? Mayor Suarez: Is there anyone that wishes to be heard against this item? Let the record reflect no one stepped forward. Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Plummer: Do you want to speak to the item? For or against? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Commissioner Plummer: Is that what's recommended? 25 January 25, 1990 Mr. Rodriguez: No, the Planning Department recommends a different base, yes. Commissioner Plummer: Well then, you better get up. I withdraw my motion at this time. Mr. Rodriguez: Maybe we should put on the record the recommendations from the Planning Department and the difference between that and the Planning Board, so it will be clear. Mayor Suarez: Please do that and then before any testimony taken, we need to get the witnesses sworn in, including attorneys. Commissioner Plummer: Especially attorneys. Ms. Meyers: I will address just the difference in the two recommendations which has to do with the base floor area ratio, the starting point upon which you build bonuses. Presently the floor area ratio on the property is 1.72. The Planning Department's recommendation was to maintain the existing floor area ratio as a base with an increase for mixed development of two or more uses to 2.0 F.A.R. Above the 2.0 we have developed a system of bonuses which allows the developer to achieve the intensity that he needs to get and it gets for the City public objectives such as waterfront development, contributions to the Affordable housing Trust Fund, building of a daycare center on the property and a number of other items. Mayor Suarez: And what is the... Ms. Meyers: The Planning Advisory Board, at the request of the property owner increased the base FAR from the 2.0 recommended by the Planning Department to 2.5. That in effect eliminates... Commissioner Plummer: Plus the bonuses. Ms. Meyers: Plus the bonuses. it eliminates what the Planning Department had negotiated as what we would get in bonus contributions to Housing Trust Fund or whatever. Commissioner Plummer: Let me ask this. Knowing that property as well as I do, why would try to hold down the FAR? Mr. Rodriguez: We're not trying to hold down the total FAR. Actually we are proposing a series of bonuses to go to 4.3. Commissioner Plummer: Why would you even want to hold it to FAR of 4? That is not residential, that is commercial. Across the street, would anybody build anything next to a Florida Power and Light generating plant•? It's under the expressway. What is the beauty that you're trying to preserve in that neighborhood? Mr. Rodriguez: Let me go back to the request. We worked very closely with them, and because... let me try to finish. Commissioner Plummer: I don't want to know about the applicant. I'm asking to the area. Mr. Rodriguez: Because when you look at the total area and because of the definitions that we have in the ordinance, the actual... that's what they were... they were trying to build in that piece of land 2,000,000 square feat of development, which is a lot of... Commissioner Plummer: What's wrong with that? Mr. Rodriguez: We are supporting it. And, with the 4.3 FAR, they can build that much. The problem is in how we're getting there. Commissioner Plummer: Sergio, if r go across the street, what can I build? Mr. Rodriguez: Across the street? Commissioner Plummer: Across the avenue. 25 January 25, 1990 U Mr. Rodriguez: Nothing, because it's a substation. Commissioner Plummer: We're going to miss you when you're gone and that ain't going to be very damn long the way you're going. Across 2nd Avenue, what would the zoning allow? What FAR? Ms. Meyers: 1.72. Mr. Rodriguez: Right now it's 1.72. Commissioner Plummer: And you propose it to what? Mr. Rodriguez: We're not touching that area. Commissioner Plummer: And it's industrial. Mr. Rodriguez: Fes. The issue here... Mayor Suarez: Wait, wait. To go along with Commissioner Plummer, I just came from Hong Kong. If this property was there, it would be... I'm going to raise money from developers to send Sergio Rodriguez to Hong Kong. I want you to see... Mr. Rodriguez: I second. Commissioner Plummer: One wayt Mayor Suarez: The FAR would be 17.2. It would be ten times this FAR. In fact, they put roughly what they are. They have a great mass transit system, they have a vertical city. Everything we want to do with downtown, I fully agree with J.L., why would you want to hold down the FAR. I have no idea and I don't want to hear your answer, it's a rhetorical question. I know your reasons and I don't agree with theta. Commissioner Alonso: Well, let... I can't... Mr. Rodriguez: Let me at least answer the questions that you asked me, right? Mayor Suarez: I said it is a rhetorical question, but if you want to put an answer on the record, go ahead. Mr. Rodriguez: Let me give you a rhetorical answer, at least. The image of Hong Kong is not the same because we don't have 10,000,000 people in concentrated area like this. I wish we had. Mayor Suarez: And the way we're going, you are discouraging people from living downtown, working downtown, and having office buildings downtown. Mt. Rodriguez: No, we would like them to be downtown and I think what we're proposing to do is precisely give them the floor area ratio that they are seeking. The problem... the difference that you are going to find between their proposal and ours is that we believe that they're getting a tremendous benefit in the increase in floor area ratio and we believe that they should arrive to that increase in floor area ratio by giving something back to the City, that's the only difference. Commissioner Plummer: What are they giving back? Mr. Rodriguez: Well, we're saying for example, as part of the bonus that we are having the Housing Trust Fund of $6.67. Commissioner Alonso: He has a nice list. Commissioner Plummer: Fine. Mr. Rodriguez: Well, they don't agree with that. The child care facility... Commissioner Plummer: That they are going to do. Mr. Rodriguez: They have a riverwalk... 27 January 25, 1990 Commissioner Plummer: That they agreed to a long time ago, even further, because... Commissioner Alonso: Wait a minute, what about the day care center? Commissioner Plummer: That's in there. Commissioner Alonso: All right, you have said yes to 160 children? Commissioner Plummer: Of course. Commissioner Alonso: Yes. They are saying yes. Commissioner Plummer: The riverwalk we got them to agree to before. What else? Mr. Rodriguez: No, but this riverwalk is beyond the property that it has to do by obligation. Commissioner Plummer: Well, they agreed to that. Remember, I made them, forced them to do the Off -Street Parking Authority lot. Mr. Rodriguez: Only for the portion which is facing the property. This will get them to build part of the riverwalk, which is facing the substation, which is not part of the same property. Mayor Suarez: And they have agreed to that. Commissioner Plummer: Well, there's no river over there. How► are you going to have a riverwalk? Mr. Rodriguez: Yes, you have a river. Commissioner Plummer: On the substation? Oh, on the other side. Mr. Rodriguez: Yes. Commissioner Plummer: OK, I'm sorry. Mr. Rodriguez: OK, in addition to that, we have a possible bonus for marina wet slips so that could have a possible area, in front of the river walks so they can dock over there. That's another possible bonus. We have in addition to that a bonus just for having a mixed used development. If they have office together with some retail, they get a bonus for that. Commissioner Plummer: Fine. Mr. Rodriguez: They get a bonus also for ground floor retail. Commissioner Plummer: That's up to them. Mr. Rodriguez: But they get a bonus for that. I mean, we're making it easier for them to get a bonus. I mean, we believe that we have been working on all of these possible ideas We also gave them a bonus if they have an underground parking. Commissioner Plummer: I'm not talking to the bonuses. The bonuses they can apply for if they wart. I'm talking about the basic FAR. Mr. Rodriguez: If you want to push it up... Commissioner Plummer: What is Brickell: most of Brickell, four? Mr. Rodriguez: Two, no. We put 3.25. Commissioner Plummer: What? Mr. Rodriguez: 3.25. Commissioner Plummer: 3.25. What did we put into Brickell, in 28 January 25, 1990 Ilk Mr. Rodriguez: Yes. Commissioner Plummer: I don't want 2.5, OK? I'm saying to you that is downtown. That is our base. I don't want 17.2, but damn, I don't want 2.5. I want it higher. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: That's your problem. Commissioner Alonso: Well, see... Mayor Suarez: OK, does anyone wish to be heard against this? If not, Commissioner Alonso. Commissioner Alonso: Yes, the problem is this. If we increase the 2.5, they will not have any obligation whatsoever with the City of Miami to do most of the things that you have listed now. Commissioner Plummer: Oh, you're wrong! You ever heard of a covenant? Commissioner Alonso: Well, if... Commissioner Plummer: You heard of a covenant? Mr. Rodriguez: A covenant is voluntary. Commissioner Alonso: If we make the decision here today and say, yes, go ahead, and we don't work together to establish this and include it in our motion that it will be part of the deal, then they can walk away and not do any of those things. I'm certain they are willing to work with us and I'm sure we're going to find an understanding and they are going to tell us ,right now how they are going to be working with us, the daycare, the parks, and find an agreement on this and we will be able to have it both ways. They will have the building that they want, we will have it in the area that I think it is fine. We have to develop that area. I am all for it. The taxes that will come to the City, we will love them. All of this will be fine but they are also getting a lot by the decision that we make here today, so maybe we can find an understanding and I'm sure these fine gentlemen will come to the podium and tell us that they are willing to go along with us and we'll have it... we'll be able to make a decision right now. Commissioner Plummer: I agree with everything, but when you said fine gentlemen, you lost me! Commissioner Plummer: Tell us what you're going to volunteer. Mayor Suarez: Let me just clarify something in relation to Commissioner Alonso's remarks. Would not have to come back to us as in a major use special. permit application at some point? Mr. Carter McDowell: That was exactly my point. My name is Carter McDowell for the record. Commissioner Plummer: Excuse me, for the record, Sergio, I think that the problem we have here and I concur with Miriam that they've got to volunteer what they want to do and I want to say for the record I'm willing to go to at least three, OK? That's where I'm at, but I think the problem that we have is we're doing an area beyond what these people are involved in and my concern is that... Commissioner Alonso: It is just that area where they will be building. Commissioner Plummer: You are talking about under the expressway? Mr. Rodriguez: It's in the area which is shown in yellow over there. Commissioner Plummer: I understand that but they don't own that entire area. Mr. Rodriguez: Yes, they do. Commissioner Plummer: fJo, they don't. Part of it is under the expressway. 29 January 25, 1990 = Commissioner Alonso: No, I believe they own that. Commissioner Plummer: No, they don't. Commissioner Alonso: Do you? Mr. McDowell: We obviously don't own under I-95. We own all but one... — Commissioner Plummer: Nor do you own the northern lot. Mr. McDowell: We do own the majority of that northern lot. There is one out parcel on the corner. Commissioner Alonso: The section of the parking, it's the only part. Commissioner Plummer: OK, but point I was trying to make was, that it applies to this parcel. That if anybody else wants to do likewise, they've got to come in and do the same volunteering, so I don't want to have the wool pulled over our eyes that we did X and that was for everybody because everybody might not want to volunteer so that's where we've got to be careful. Mr. Rodriguez: And that's what I think that if you have an ordinance, everybody will follow the same rule. I agree. Commissioner Plummer: But in an ordinance you cannot make them volunteer. Mr. Rodriguez: Of course not, that's our requirement. To get the floor area ratio, they will have to do it and everybody will be treated the same way. I agree with your argument 100 percent. Mayor Suarez: And he doesn't want to promulgate because he's been resisting it for four years, a linkage ordinance, a nice, simple linkage ordinance that says will increase your FAR if, you make a contribution to a fund for affordable housing, something that other communities have. He wants to do it with overlay districts and bonuses, every possible complicated... what are those other things you are talking about now? - transferable use rates, etc., etc., so that we understand even less of the zoning code that we're working -===2 with? Mr. Rodriguez: Mr. Mayor, if you, as part of this mention... Commissioner Alonso: It is complicated. Mayor Suarez: That's what happens when the experts get a hold of government. Mr. Rodriguez: Mr. Mayor, as one of the items that I included, that I listed, was linkage. I don't know if I was clear on that or not. One of the items that we have, we have two items which are linkages. One is the Housing Trust - Fund, included as part of the deal that we are proposing in the Zoning Ordinance and the other one was the child care. Actually, when you look at each one of those bonuses, they are each one of them linkages. Mayor Suarez: Yes, they are linkages, but you are effecting it in the most complicated possible Byzantine way I've ever seen. Anyhow, Commissioner Alonso, I'm about giving up... Mr. Martin Fine: Mr. Mayor, if may just respond. For the record, my name is Martin Fine. Carter McDowell, has really done all of the work on this and I want to try to be brief and try help move it along. Mayor Suarez: Marty, we've going to have to, if we are going to take testimony or if we are going to take even your presentation, we're going to have to swear you in. Some ordinance that some of my fellow Commissioner wanted passed, I didn't want it to apply to attorneys, but, applied to change that to my left over here. Madam City Clerk, would you swear him in? (AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.) Mr. Fine: Very briefly, addressing Commissioner Alonso's concerns, that company has been here before the City of Miami was chartered. It is not going 30 January 25, 1990 to run away. Whatever it says it's going to do, it's going to do, it's going to do. number two, this first building they want to build, they do not need any special use permit and we come in for the second building, we're going to need it. All those things that we said we were going to do, we'll do and do beyond. Frankly, it would take too long, but I couldn't agree more with what Commissioner Plummer and the Mayor said and I think all of you have said that is, for this downtown site to be even 2.5, is absolutely in my opinion, a limitation on future growth of this community, so we would ask you to pass this today. We will also be pleased to speak with staff between now and the next reading and we will come together and get this built. We are pleased and proud to tell you that if all goes well today, and at the next reading, there will be a permit taken out on the first phase of this building in April of this year and I ask you to vote on it. Commissioner Plummer: Well, I... Mayor Suarez: That's good news. And that will be for how many square feet, Marty, as long as... Commissioner Plummer: ... will make the motion, Mr. Mayor, but I still would like to increase it above the 2.5. I just think that it's... Mayor Suarez: You want to do that in generic terms on first reading and we'll get the specifics by the time we have second reading so that it won't be a substantial change? Commissioner Plummer: I'll move it at the 2.5, with the acceptance of a voluntary covenant prior to the next meeting. Commissioner Alonso: I second. Mayor Suarez: So moved and seconded. Commissioner Plummer: You know, I just... we've only got so much downtown. We're locked by the river and we're blocked by... Mayor Suarez: Let's clarify what you mean by a voluntary covenant. Mr. Fine: Can I make a suggestion, J.L.? You know we're dealing in good faith here. Please don't include the language voluntary covenant. Let us discuss with the requirements are so we come back and review it with you. Commissioner Plummer: That's fine. Mr. Fine: Thank you. Mayor Suarez: All right. No further discussion? Please read the ordinance. Commissioner Plummer: As you know, don't come back without the little piece of paper. Mayor Suarez: There will be procedurally a moment in which we can require all of those, which is the major use special permit. Commissioner Plummer: No, it's called denial. Mayor Suarez: Right. Commissioner Alonso: Yes, I really feel that we definitely need the development in that area. It's a very important area of Miami and we are more than willing to work with you to make it a reality, but also there are things that the City of Miami needs and I am sure you are going to work with us to improve the area for the benefit of your building as well as the City. Commissioner Plummer: Miriam, let me just say for the benefit of yourself, since you weren't here, that you are looking at the man who single handedly in this community brought about, the surcharge which has given this community a tremendous amount of housing and affordable housing. That's why I trust this man, because his heart's in the right place and he will do what he says he'll do. Commissioner Alonso: Great. 31 January 25,, 1990 Commissioner Plummer: Ll I didn't say which man I was talking about. Mayor Suarez: I see that Commissioner De Yurre and our accounting lawyer is here. I think Fine Jacobson wins the battle with Greenberg-TTraurig four to three unless I'm missing somebody. Unidentified Speaker.: We're down here discussing Burger King. Mayor Suarez: All right, read the ordinance. Commissioner De Yurre: It's like $3,000 an hour here. Mr. Fernandez: On first reading, as being modified, changing the FAR from 1.7 to 2.5. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 13-SPI, SPECIAL PUBLIC INTEREST DISTRICTS, TO ADD NEW SECTIONS 15210 ET SEQ, SPI-21 RIVER QUADRANT MIXED USE DISTRICT; PROVIDING FOR INTENT AND SPECIAL PERMITS, ESTABLISHING PERMISSIBLE PRINCIPAL USES AND STRUCTURES; PERMISSIBLE ACCESSORY USES AND STRUCTURES, MINIMUM LOT REQUIREMENTS, FLOOR AREA LIMITATIONS AND MINIMUM OPEN SPACE REQUIREMENTS, AND PROVIDING FOR VARIATIONS; ESTABLISHING HEIGHT LIMITATIONS, OFFICE PARKING AND LOADING REQUIREMENTS, AND LIMITATIONS ON SIGNS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller J. Dawkins The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Suarez: Yes, Carter, you wanted to clarify something? Mr. McDowell: Just a clarification. That was moving the Planning Advisory Board's recommendation to you? Commissioner Plummer: Which hopefully will change at the neat meeting. 32 January 25, 1990 mill IN III, f' - 15. FIRST READING ORDINANCE: AMEND ZONING ATLAS FROM WF-1/7 WATERFRONT INDUSTRIAL AND CG-1/7 COMMERCIAL GENERAL TO SPI-21 RIVER QUADRANT MIXED USE DISTRICT TO PROPERTY GENERALLY BOUNDED BY S.W. 2 AVENUE, THE MIAMI RIVER, 1-95 RIGHT-OF-WAY, AND S.W. 2 STREET. (Applicant: Planning Department.) ---------------------------------------------------------------------------- Mayor Suarez: PZ-3, is that companion? Commissioner Plummer: Move 3, it's a part of 2. Mayor Suarez: So moved. Commissioner Alonso: Second. — Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. -_ AN ORDINANCE ENTITLED- — AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE s _ NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY GENERALLY BOUNDED BY S.W. SECOND AVENUE ON — THE EAST, THE MIAMI RIVER ON THE SOUTH, I-95 RIGHT -OF- - ■ _ WAY ON THE WEST AND S.W. SECOND STREET ON THE NORTH -_ (MORE PARTICULARLY DESCRIBED HEREIN), FROM WF-1/7 WATERFRONT INDUSTRIAL AND CG-1/7 COMMERCIAL GENERAL TO _ SPI-21 RIVER QUADRANT MIXED USE DISTRICT; MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: AND PROVIDING FOR AN _ EFFECTIVE DATE. _= Was introduced by Commissioner Plummer and seconded by Commissioner _= _y Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre = ww Commissioner. J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez Mi NOES: None. ABSENT: Vice Mayor Miller J. Dawkins Mayor Suarez: I would be inclined to vote yes unless I find out that Richard Weise did that skiing. =- INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Oh, that's right, I overheard you say that, because anyone who lives in Miami and goes skiing in the snow, I think ought to have their head examined. Unidentified Speaker: Thank you. Mayor Suarez: Yes on that item. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commiesion and to the public. 33 January 25, 1990 16. BRIEF COMMENTS WITH GUY SANCHEZ, OF FLORIDA POWER AND LIGHT, CONCERNING LIGHTING PROBLEMS ACROSS FROM CITY HALL ON SOUTH BAYSHORE DRIVE. Mr. Plummer: Oh, excuse me, Mr. Sanchez, come here. This is not for Plummer, this is for the City. Can we get these lights turned on back out here in front of City Hall on the street? They've been off for about six weeks. I don't care whose rights. Bayshore Drive, right here in the front. It's been very, very dark out there at night. Would you look into it? There was a problem, supposedly because of the redoing of the auditorium. Commissioner De Yurre: Is that in the form of a covenant that they have to tender, or...? Commissioner Plummer: A what? Commissioner De Yurre: Is that a covenant that... Commissioner Plummer: Yes, of course. Mr. Guy Sanchez: I believe that in Dade County, but I'll try anyway, OK? 17. DISCUSS AND CONTINUE TO FEBRUARY 15TH APPEAL BY ARTURO G. CARABALLO TO REVIEW ZONING BOARD'S APPROVAL OF AN APPEAL, WHICH REVERSED A DECISION OF THE ZONING ADMINISTRATOR ELIMINATING COOKING ON THE PREMISES AT 3328 S.W. 23 TERRACE - DIRECT AL CARDENAS, ESQ. TO TRY TO REACH SOME KIND OF AGREEMENT WITH NEIGHBORS IN THE AREA. Mayor Suarez: PZ-4. Arturo Caraballo is the appellant. Mr. Arturo Caraballo: Mayor, Commissioners, my name is Arturo Caraballo and I live at 3322 SW 23rd Terrace. Mayor Suarez: Mr. Caraballo, may we get you sworn in, air, in addition to counselor? Madam City Clerk, would you please swear him in? Raise your hand. (AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.) Mr. Caraballo: In order to start this, I'm going to try to make a very brief round down what happened in this. At 3324, 26 and 28 SW 23rd Terrace, in Miami is a strictly residential area. For years was operated there Coral Gables Printing Service. Mayor Suarez: Coral Gables Printing Service? Mr. Caraballo: Service. Mayor Suarez: And what is your address? Mr. Caraballo: Next door, 3322 and they... Commissioner Plummer: Can we have that on the map, please? Mayor Suarez: Well, 33... OK, that's right. Your address is 3322 SW 23rd Terrace. Commissioner Plummer: What do you mean, you don't have it on the map? Mayor Suarez: No overhead? Commissioner Plummer: Well, tell me this, how many blocks south of Coral Way is 23rd Terrace at this, four? OK, four blocks, three blocks or four blocks? GK, and this about a block and a half off of 32nd Avenue. Would be down the street from where Victor's Cafe is? 34 January 25, 1990 Ll s Mr. Caraballo: Yes. Commissioner Plummer: OK. Mr. Caraballo: Yes, and in this particular street, the street runs from 32nd to 34th Avenue. There is no 33 Avenue. Commissioner Plummer: OK, I understand that. Mayor Suarez: But it's not immediately behind Victor's Cafe, is it? Commissioner Plummer: It would be west of it. Commissioner Alonso: West? Mr. Caraballo: Before that it was the Studio Restaurant. Mayor Suarez: But there is at least one street, no, between... Commissioner Plummer: Well no, there is no 33rd Avenue. First Avenue is 34th. Mr. Casaballo: This is strictly residential. Everything is down, the setback and everything. And there, operates a very small printing shop and there is a so-called grandfather law, or nonconforming, you call it now, in accordance with the current ordinance or regulation. In November, 1987, said printing shop was totally dismantled, they moved away and in 1988 they appear in the phone directory as located at 2921 Le Jeune Road. You can verify that. Mayor Suarez: What was the name of it, as you are alleging? Under what name in the phone book? Mr. Casaballo: The same name. Mayor Suarez: Which is what? Mr. Casaballo: Coral Gables Printing Service. The electric fluid was cut out in March of 1988. Everything was dismantled completely, after several months of no consumption of electricity at all, therefore it was impossible to operate the printing. I know exactly because I live next door and... Mayor Suarez: OK, well assuming all that is correct, what does that have to do with this application, which has to do, I think, with cooking, presumably for a restaurant, is that what... Mr. Casaballo: No, no, there is more than that. Mayor Suarez: I'm sorry, what? Mr. Al Cardenas: Catering service. Mr. Casaballo: There is more than that. Mayor Suarez: OK, the history that you are establishing is that they were a nonconforming legal use as a printing shop somehow, at some paint, that went from being that... Mr. Caraballo: At some point they asked, I didn't... I am a third party, but I have never been notified. 1 don't know right here in the law that is of the United States. In every part of the world, a 'third party that can be affected by the liaison between two different persons, has to be notified because he is going to suffer whatever the decision is. Mayor Suarez: OK, but you are here, so you obviously found out about it. Mr. Caraballo: I'm here now, but the point is this. They asked for permission class C and in order to change the use of the printing shop, but they forget and they did not tell and you didn't find that the printing shop was out of operation for than 180 days, consecutive days, therefore they lost the grandfathered rights, or nonconforming rights, whatever you want. They lost it and then in order to subsidized, they present Mr. Genuardi, the Zoning Administration show. 35 January 25, 1990 Mayor Suarez: I think the word he was trying to get at was to cure that, and you tried to use a word in Spanish which is "subsanar" Go ahead, it doesn't exist in English. Mr. Caraballo: OK, the lawyer should be here, but he wasn't, so I am taking my own defense. I could fail in English, but I would not fail in the facts. Commissioner Alonso: You're doing very well. Mr. Caraballo: The facts is that they have lost the permit and the right and then they subsidized, or whatever the thing... Mayor Suarez: Cured it. Mr. Caraballo: Cured it. Mr. Genuardi showed a printing which appeared in what I'll show you in page 14. They present an inspection result, but that is not the number of the inspector and he says that they inspected. Their place was open on June 10, 1988, but at the same time I found out that the Fire Department brought this the same day in the same place an inspection and that inspection said that the place was closed, out of business, which... Mayor Suarez: You said the Fire Department effected an inspection? Carried out an inspection? Mr. Caraballo: There are two inspections in the same day at the same place and both are different. One is open, the printing shop is working, which it is not. I knew that perfectly well and the Fire Department said no, it was closed, it went out of business. Mayor Suarez: OK. Mr. Caraballo: OK, now, after that, they concede, in the Planning Department, whatever, they concede a permit, a class C permit. Mayor Suarez: They obtained a permit, OK. Mr. Caraballo: A class C permit and they prohibit at least a letter of Mr. Cesar Odio said so. They said that no cooking was allowed. Mayor Suarez: The zoning administrator decided that no cooking could be allowed on the premises. We know all that. What id your argument as to why this...? Mr. Caraballo: My argument is that both are nonconforming with any of the solutions because they lost the grandfather law and they have to conform with the rule now in vigor, now, in place. This is what I am looking for and this is exactly what I would continue to do that until somebody hear me. Mayor Suarez: OK, Commission, do you want to ask any questions? If not, go ahead, proceed. Mr. Cardenas: Yes, if I may. Mr. Mayor, members, of the Commission, for the record, my name is Al Cardenas with offices at 1221 Brickell Avenue. I'm here on behalf of Sara Sharpe Catering Service and its owners are both here, Davis Gillis and his wife, Sara Sharpe. You may notice, Mrs. Sharpe around the waist is not from the... Mayor Suarez: Highly irrelevant, counselor. Mr. Cardenas: It's not from the catering service, she is with child, so we don't cart to attribute the waist line to the nature of the business. They own and operate this catering service at 3328 SW 23rd Terrace and. for folks like Commissioner Plummer who have been around here quite a while and have a good memory, this... of course, not this good, I don't mean to imply the age situation, this is property that was constructed in 1936. Commissioner Plummer: You didn't pay him to represent you, did you? Mr. Cardenas: Not yet. And it was originally operated as a potato chip factory and did that for many years, that's why it was built before. Subsequent to that, it became a print shop and it now is a legal nonconforming 36 January 25, 1990 use, being operated as a catering service. Now, the owners of the property were confronted by staff and by other folks regarding the claims made by the appellant here as to the legal non conforming use and the owners of the property are Peggy and Bryant Brodeur and they provided Mr. Genuardi and the others who requested the information, the appropriate information to corroborate the fact that this is a legal nonconforming use taking the place of the printing business. Now, let me if I can, tell you that whether or not this is a legal nonconforming use and we're very comfortable and confident it is, has nothing at all to do with what we're here. Let me tell you what the confines of the arguments here before you this afternoon are because I think that the City Attorney will tell you that to make a determination of whether this is a legal nonconforming use or not, is clearly not within the confines of the appeal it would not be appropriate for you to do that, although we're perfectly comfortable that if those were the facts and we had the opportunity to bring them out and this is not the forum for it, it establishes them as a legal nonconforming use. Our clients were issued and let me go into the chronology of it, because the chronology of it, I think is pretty strong in its merit. Our clients were issued upon request a class C permit to operate as a catering service. Your City, the City of Miami, issued them a class C permit. Our clients, because there was a finding that it was a legal nonconforming use, our clients then proceeded to spend over $30,000, and these are obviously not wealthy people, they are small business owners. Mayor Suarez: Counselor, did that class C special permit specify for what uses? Mr. Cardenas: Absolutely, and I'm going to get into that. Mayor Suarez: It included cooking or catering, or whatever? Mr. Cardenas: Well, I'm going to get into that because of that's the crux of the issue, obviously. Then, they were issued the class C permit for the catering business. They proceeded to spend over $30,000 in equipment and installed them on the premises, in reliance of the class C permit which was _ issued. Now, all of you are familiar with the catering business, know that is a very clean business. Basically you have a very small group of people, usually three or four people including the clients, making hors d'oeuvres to cater for parties and so forth. The actual cooking is done at the homes or the establishments that they go cater to. There is no food served on the premises and no final cooking done on the premises, 'hut there is some light cooking which is incidental to what we call, pre- cooking to the preparation of these hors d'oeuvres and so forth, which are eventually taken to their final destination where they are finally cooked and served to their guests. That's the nature of a catering service. That is the service that our clients provide and it is incidental to any catering service. Well, subsequent to the issuance of the class C permit, the purchase of the equipment and the ongoing business, our clients were notified by Mr. Genuardi that a change of opinion had been made on the City because cooking, quote, unquote, was not contemplated as an incidental use to the class C permit for a catering service and as such, they were revoking the class C permit. We then filed an appeal to the Zoning Board on the one issue only and that is whether cooking... Commissioner De Yurre: At point in time did you get that letter from Genuardi? Mr. Cardenas: In October. Commissioner De Yurre: OK, and when was the permit issued? Mr. Cardenas: May? Mr. Rodriguez: May 1st. Mr. Cardenas: May, about three or four months earlier. Commissioner De Yurre: When was the equipment installed? Mr. Cardenas: Between May and October. Commissioner De Yurre: When? Mr. Cardenas: Summer? 37 January 25, 1990 Ll INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: We have to have it on the record. Mr. Cardenas: Let me... do you want me to finish and I'll have him testify. Commissioner De Yurre: No, I want the answers. Ms. Sara Sharpe Gillis: My name is Sara Sharpe Gillis. My address is 3328 SW 23rd Terrace. As soon as we got our permission, we immediately began doing all the things that we had to do and a lot of the money was spent doing important things like digging up the floor to lay plumbing and put a grease trap and things that are not... you might not really want to call it equipment, it isn't like putting stoves in, but it is utterly critical and has to be done before we do anything else and we began that immediately as soon as we got it because other lease was up June 15th and six weeks is not enough time. Commissioner De Yurre: When did you finish? When did you finish all that work? Ms. Gillis: It took us most of the whole summer., I'd say. The first weekend we really used our new kitchen properly and fully was the middle of October, the first weekend we were able to actually really use our new kitchen. It took us a long time. Mr. Cardenas: If I can, I want you... Commissioner Alonso: Let me ask you a question. Mr. Cardenas: Yes. Commissioner Alonso: Why would install a grease trap for light cooking? Ms. Gillis: Because we are required by law. Commissioner Plummer: She serves greasy food. Mr. Cardenas: It's a legal requirement. Ms. Gillis: Required by law. Commissioner Alonso: I was looking at a letter from Genuardi, which he stated that you were in violation of the C permit because you were cooking. Was this installation of the grease trap done prior to the letter of Mr. Genuardi informing then of the violation, it was done? Give me the steps when he installed that. Mr. Cardenas: Yes, we will. Let me, if I can, give you the steps on that. When the class C permit was issued, there was an accompanying letter immediately provided by Mr. Genuardi, stating that cooking was permitted, OK? Commissioner Alonso: In residential area? Mr. Cardenas: A letter stating that cooking is permitted and I'll provide it to you for your perusal. Upon obtainment of a class C permit, upon obtainment of a letter stating that cooking is permitted, our client had to meet code requirements because they have very light cooking, but the code requires that all of these steps be taken, so they proceeded to spend this money. Now, Commissioners, this is not money of a couple of stoves you could put in a truck and move next door. This is mostly paid for in workmanship and installation rather than in the equipment itself. I've got the letter right here. It's dated September 15, 1989, the class C special permit number 89-- 1204 approved by the Planning Department on May 1, 1989, does not prohibit cooking. "I did not authorize a grease trap or a tall chimney. These were requirements by the plumbing and mechanical section in accordance with the South Florida Building Code." That a memo to Editha Fuentes. So in reliance of all of the City requirements, and in reliance of the class C permit, we incurred all of these expenses. Subsequent to that... 38 January 25, 1990 Commissioner De Yurre: What do you mean by cooking now? Cooking could be, you know, a couple of eggs. Mr. Caraballo: Boiling shrimp. Commissioner Do Yurre: Hold it, hold it, please. Mr. Cardenas: Al] right, let me... Commissioner De Yurre: Now, what I want to know, it says it does not prohibit cooking. Mr. Cardenas: Right. Commissioner De Yurre: Nov, what is cooking? Because everybody cooks in a neighborhood. Mr. Cardenas: Well, but that's a step that; I'm going to get to. Then be... Commissioner De Yurre: Are there different types of cooking? Mr. Cardenas: Yes, but I'm going to get to that in a second and I'm going to have the client tell you what it is that they actually do there as part of their testimony. I just wanted to give you a legal synopsis or the chronology that Commissioner Alonso had asked for. Once we received the class C permit, once we reviewed the memo, in conjunction with all of that, all of these funds were expended. Then we received notification from Mr. Genuardi that no cooking is not an incidental use to your catering service for which you obtained your class C permit, we changed our mind on the subject and we advised you to go to a public body of the City of Miami to have the issue clarified. We appeared before the City of Miami Zoning Board and by a vote of nine to nothing, nine to nothing, the only issue before the Zoning Board was whether the cooking that was done, the limited cooking that was done on the premises, was incidental to the catering service and it was appropriate under the class C permit which had been issued. The Zoning Board unanimously said, "yes sir, it is" and the only thing, and that decision was appealed by appellant. The only issue before you today is whether the Zoning Board by unanimous nine to zero vote was correct in determining that cooking is an incidental use to the catering service and therefore and implied used under the class C permit. After hearing from our clients, after hearing our arguments, they unanimously, folks you appointed to that board, agreed with us. Now, the gentleman who is the appellant, the gentleman who is the appellant, he is appealing, he only has one ground for appeal and that is that the Zoning Board unanimously erred in making a determination that the cooking is not incidental to a catering service. Now, Mr. Gillis, or Ms. Sharpe, if you would care to please testify and answer Commissioner De Yurre's question and his specific question is what is the nature of the cooking done on the premises. And incidentally, Mayor, if there is a question involved here, we'll be happy to have a stipulation and agree that there will be no frying on the premises. Our only concern is to boil, saute, bake, microwave and do the things that are incidental to precooking, as we say. That's as simple as that. Mayor Suarez: OK, I guess we're about to hear from one of the two of them. Joe, before we do that, why was this class C permit issued? - and was there in fact some mistake here? Was it just a broader... Mr. Joseph Genuardi: Joseph Genuardi, City of Miami Building and Zoning. At the time they applied for their class C, as we always do, which is our procedure, we check the certificate of use computer files to see if there is an active certificate of use and whether it's still in operation. I did that and I found in the computer that an inspection had been made in June of 188 and that the records had been updated in February of 189 and that it was still active. Mayor Suarez: OK, now, the class C permit was still active, is that what you're saying? Mr. Genuardi: That's right, yes. Mayor Suarez: And a class C special permit describing permitted uses... 39 January 25, 1990 1 Mr. Rodriguez: That's not correct, I'm sorry, what it was carrying was a certificate of use, not the class C. Mr. Genuardi: Certificate of use. Mayor Suarez: Right, because a class C special permit is what they are here... Mr. Rodriguez: The class C was what they were applying for. Mayor Suarez: ... right, seeking. So, you checked with the computer, the certificate use was in fact for what? Mr. Genuardi: The certificate of use for Coral Gables Printing Company. Mayor Suarez: Right, for a printing shop. Nov, weren't they coming in asking to be able to do a catering service out of there? Mr. Genuardi: They were asking to change the nonconforming use from a print shop to a catering service, which is... Mayor Suarez: OK, and that is done by means of a class C special permit and doesn't that call for at least some inspection other than just checking on the computer? I mean, a visual physical inspection? Mr. Genuardi: Yes, but inspection at this time which was March of '89 would not indicate to me that the business was still active. It could have been closed at that time, but I had no idea when it was closed. Commissioner Plummer: But who went there and looked at the actual physical premises? Mr. Genuardi: The fire prevention inspectors back in June of '88. Commissioner Plummer; In March of '89? Mr. Genuardi: No, in March we didn't... Commissioner Plummer: What? Mr. Genuardi: We did not inspect it in March. Commissioner Plummer: You issued the permit in March of '89. Who went there and looked at the actual physical premises in March of 189 to ascertain that in fact, there was an ongoing business there? Mayor Suarez: That's the same question I asked and I didn't get an answer. Mr. Genuardi: No one went to check it. Commissioner Plummer: Isn't that a damn poor way of doing business? Mr. Genuardi: Well, as I said, we have really, even if we go out today, if they apply and we find the business closed, there is no way we can tell when it was closed. You have to go by the record to show that there was an active business there. Mayor Suarez: Well, but at least that day you won't issue a class C special permit based a grandfather provision or a grandfathered nonconforming use. You would say, well, this business is closed, therefore, there is nothing to talk about. Mr. Genuardi: Was it closed for two days? Was it closed for a month? Commissioner Alonso: No, but they have a length of time. It could have been closed and they have 180 days. Mayor Suarez: Well, if it is closed that particular day, you certainly wouldn't issue it that particular day. Mr. Genuardi: Most likely it would have been closed because they were in the process of changing from the print shop. 40 January 25, 1990 Commissioner Plummer: Did you check to see whether Coral Gables Printing had an occupational license active in 189? Mr. Genuardi: They did, yes. Commissioner Plummer: You say they did? Mr. Genuardi: They had an occupational license, yea, sir. Mayor Suarez: As a printing shop? Mr. Genuardi: As a print shop. Mayor Suarez: Nov when you try to transfer your use from the one that was grandfathered in for a print shop to now do cooking or catering or whatever, in applying for a special use permit, class C special permit, rather, what are the criteria to be applied? Mr. Guillermo Olmedillo: It's once established that the use is continuous then the class C starts and they you have seven criteria which are contained in the ordinance, access, refuse, the handling of the garbage, the access, the noise, and anything that is contrary to the area or is consistent with the area in which it's located. These are the criteria under the class C is issued and I would... Mayor Suarez: Almost by definition then, you don't transfer one kind of use _ to another if you are in an area where it is nonconforming, almost by definition because it would be inconsistent with the neighborhood. Mr. Olmedillo: Unless you place those conditions which make it livable with the rest of the uses in the area, which is what we did when we issued the class C and just to put it on the record... Mayor Suarez: I don't see how it could be livable, whatever that means, if it Is inconsistent with the area, which it was, and now it's changing to a different use, also inconsistent with the area. Anyhow... Mr. Sergio Rodriguez: Mr. Mayor, just to clarify for the record, because I think this might continue going further down... Mayor Suarez: Well, you'd have some more litigation. Mr. Rodriguez: The class C is allowed to permit a use that will be less permissive than the one that was ::here before, or the same, If they were to continue with a print shop over there, which it was a much more... Mayor Suarez: That would carry on indefinitely. Mr. Rodriguez: Carry on indefinitely unless there was a close. So under the law, they have... Commissioner Plummer: But how do you know that if no one from your department went there? Mr. Rodriguez: But that is a different issue. Let me try to finish with this part of the argument. Mayor Suarez: Yes, change of use is what gets me. How come we don't have that opportunity to do the full screening and then it is almost automatically denied then. I don't see how it would not be, based on the criteria you read. Mr. Rodriguez: They check on... what happened is that in the Building and Zoning Department, before the class C application is received, building and zoning reviews the record to see if there is in the record they have outstanding C use in place. If they have been received recently, since the test is six months, six months in which it has to be closed or more to say that the conforming was abandoned, the conforming use was abandoned. It's very easy to establish, what they use as criteria... Mayor Suarez: We've covered the issue of continuous use of the property in a nonconforming way. I was trying to figure out how you go from one kind of use 41 January 25, 1990 4b E to another. You told me it was a special class C special permit. I asked for the criteria, you gave me the criteria. Mr. Rodriguez: I'm sorry, I was distracted with the other question. Mayor Suarez: I don't see how applying those criteria, you could possibly allow catering in a residential neighborhood. Mr. Rodriguez: Because you have less disruption in the neighborhood by the catering service than by the printing that you had there before. You had a printing operation there. — Mayor Suarez: That was a prior grandfathered use. Mr. Rodriguez: And this will allow the law to continue that grandfathered use under the criteria that will be less... Mayor Suarez: If you keep doing printing there, I guess it could be there for a long time. Commissioner Plummer: But how do you know that what the operation of the printing was a lesser use than the catering if you didn't go there? Mr. Rodriguez: Because by nature the printing operation has much more of an effect. Commissioner Plummer: No, no, not by nature. I've seen printing in the back of The Miami Herald that is humongous. Mr. Rodriguez: Oh, I'm sorry, the question that you want to know, whether we went over there? Building and Zoning use the records to see if it was established. Planning Department went to the site and went to the place and... Commissioner Plummer: He just told me that nobody went there to inspect in March of 189. Mr. Rodriguez: That was Building and Zoning looking on the record before they signed off. After that, Planning Department, and maybe you should get on the record, Guillermo Olmedillo went to the site and checked on the property. Commissioner Plummer: What date? Mr. Rodriguez: Guillermo. Mr. Olmedillo: Let me check on the... I'll try to get the date for you, sir. Commissioner Plummer: Prior to March or after March. Mr. Olmedillo: Prior to May, because the application... Commissioner Plummer: In other words, the permit had already been issued? Mr. Olmedillo: No, the permit was issued May 1, 1989, the class C. Commissioner Plummer: And you went there prior to issuing of the permit or after? Mr. Olmedillo: Prior to issuing the permit, because the intended decision was issued 15 days approximately before May 1, 1989. At that instance, we went there, myself a member of staff to look over the premises. There was a plan that had a Coral Gables Printing Shop outside, there is a house in the back and at the time of making the decision to... Commissioner Plummer: Was the printing shop in operation? Mr. Olmedillo: The building was closed at that time and we could not get in the premises. Commissioner Plummer: Was the printing shop in operation? 42 January 25, 1990 Mr. Olmedillo: I cannot ascertain to that because the building was closed at the time and we don't have the permission to go into the premises. We go as far as going to the site. Commissioner Plummer: So how did you make a determination that the place was closed? Mr. Olmedillo: The plan. Commissioner Plummer: That there was a sign out front? Mr. Olmedillo: No, in order to issue the class C, Planning Department doesn't make that determination. The determination made previously by the Building and Zoning Department. Commissioner Plummer: But they didn't go therel They are saying they did not go there. Mayor Suarez: And by the way, the answer that the building was closed makes no sense at all. If the applicant is trying to get a class special permit, he makes the building available, opens it, shows it, proves that he is or she is in compliance, not just... you know, you can't just say that's closed and you don't know how it is being used, that's a ridiculous answer. Commissioner Plummer: You're right. Mr. Cardenas: Mr. Mayor, the one thing I want to impress upon you is the following. Our clients do not own the premises. They are a catering service that had to make a decision to have access to the premises, they could have chosen a hundred other places in the City of Miami or elsewhere. They found this location, they came to the City, they took all the steps necessary to ascertain whether they could operate a catering service. They were provided a class C permit, they were provided every single permit they needed to go into business. They sunk the $30,000, which is all they have, I mean, this is a young couple, that's all they have. They put every single penny they had into the installation and the stuff that they could never get back. Now, somebody decides to revoke it. They go to the Zoning Board, the Zoning Board says they're right, now here they are. What are you going to do if you tell them you can't do it? I mean, what are they going to do? Commissioner Plummer: Question. Mr. Cardenas: That's all they have. That's their whole business, that's the only money they have, they sunk it all in good faith and if you tell them no, what do they do? What did these people do? Commissioner Plummer: Mr. Genuardi, at the time of the issuance of the special class C permit, which is now being told to me is May let. Did that permit.. . Mayor Suarez: I'm sorry, what was the year May 1st of? - because I'm all confused as to the dates. Commissioner Plummer: I'm going by what I was told. Mayor Suarez: What year was it? Mr. Rodriguez: May 1st was the day that the class C permit was given, which is... Mayor Suarez: May 1st of what year? Mr. Rodriguez: 1989. Mayor Suarez: 1989. I'm sorry Commissioner, continue. Commissioner Plummer: Now, at that time, at the time of the issuance of that permit, did you tell them then that there was no cooking on the premises? Mr. Genuardi: No, I did not. 43 January 25, 1990 4 Commissioner Plummer: OK, at what date did you tell them there was no cooking on the premises? Mr. Genuardi: On January 2, 1990. Commissioner Plummer: Approximately seven months later. Mr. Genuardi: I was not involved in the class C. After March of... Commissioner Plummer: Who told them on January 2nd? Mr. Genuardi: Yes, I did. I did, because I... we had the complaints from Mr. Caraballo and I was looking into it and in this... Commissioner Plummer: But the issuance of the permit on May 1st did not prohibit it? Mr. Genuardi: Not specifically, no. Commissioner Plummer: Not what? Mr. Genuardi: Not specifically, no. Commissioner Plummer: Well, what specifically did it say? Mr. Genuardi: It said that it could have a catering service subject to the hours of operations limited to Monday through Saturday, seven to five, only two full time employees in addition to owners, owners to reside at residence on the premise, catering operations to be limited to orders for parties off the premises, no "cantina" operation allowed, and trash to be packaged and stored. Commissioner Plummer: And the owners do live in fact on the property? Mr. Genuardi: As of this date, no. Commissioner Plummer: Well then, they are not in compliance. Mr. Genuardi: Yes, and this is one of my... Commissioner Plummer: Excuse me, if that is part of the permit and the owners don't live on the property, then they have breached the... Commissioner Alonso: The agreement. Mr. Cardenas: No sir. The owners undertook this... the owners commit that they know it's a condition and they plan to live up to the condition. Now, let me explain to you what the situation... Commissioner Plummer: Well, wait a minute, excuse me. Al, it's simple. I asked a simple question. Mr. Cardenas: Yes, but I need to answer it because... Commissioner Plummer: You can after I get my answer. Commissioner Alonso: Do they live at the property, yes, or no? Mr. Cardenas: The answer is yes. Commissioner Alonso: They do live there? Mr. Cardenas: Yes. Mr. Caraballo: They don't. Commissioner Plummer; Mr. Genuardi. Mr. Genuardi: I'm sorry, the date I gave you... Commissioner Plummer: The man who never goes to inspect, but knows all of the answers. Do they live on the property, yes or no? 44 January 25 1990 Mr. Genuardi: Let me back up first. The letter I sent that was not... Commtssioner Plummer: Mr. Genuardi, a simple yes or no answer. Mr. Genuardi: Yes, but can I... I have to correct the date. Commissioner Plummer: You can say all you want in fiction and editorial after you answer my question. Mr. Genuardi: And it's yes. An inspector... Commissioner Plummer: They live on the property? Mr. Genuardi: No, they don't. Commissioner Plummer: Oh, oh, ahl Mr. Genuardi: Yes, an inspector... ' Commissioner Plummer: Arrgl Mr. Genuardi: I said they don't. "- Commissioner Plummer: You know, let me tell you. Mr. Mayor, people come to y our offices and complain that they can't go over there and get answers. We sit and wonder whyl Mr. Genuardi: I said before that they are not living there. We had an inspector go there yesterday. Commissioner Plummer: I merely asked a... I don't need an editorial! I'm asking for a simple yes or no answer. Mr. Genuardi: But I wanted to correct the... Mayor Suarez: That's not as bad as I... I asked for a year a couple minutes ago and I got a three sentence answer that didn't answer what year we were talking about. You know, if this was a court of law, you have to answer yes or no and then you can explain, so when a Commissioner asks, or you don't know, whatever, but please give us simple answers to simple questions. Mr. Genuardi: The answer is no, they are not living on the premises. They are not living as of yesterday. Commissioner Plummer: Thank you, sir, and now you say any damn thing you want, even though I'm not going to listen. Mr. Genuardi: The letter that I said I sent about the no cooking on premise, _-' I gave you the date of a subsequent letter. The date was October of 1989. Commissioner Plummer: So then in effect, it was five months and it's in that five month period, as I understand, that they spent the money, so that's where I was trying to get to. OTC. Commissioner Alonso: But to begin with, they are not living in the property. It is not part of the condition? - Mr. Cardenas: Let me... Commissioner Alonso: They are not? Commissioner Plummer: The owners are a different party and the owners were to live on the premises. Mr. Cardenas: Let me if I can, you know, explain this to you. Our clients have agreed to live on the property. A class C permit was issued. They proceeded to spend $30,000 improving first the business aspect of it. They get a notification... it cost them $5,000, $6,000, $7,000, to fix up the place to be able to live in it. You got to paint it, you got to fix windows, you got to fix toilets, there are a lot of things they had to do. 45 January 25, 1990 I Commissioner Plummer: But Al, that's not what it says. Mr. Cardenas; Yes, let me explain. You have to give people a reasonable time to make property habitable. In the meantime, how do you... Commissioner Plummer: No, I don't. Not in accordance with the issuance of j the permit which says clearly, the owners) They are not the owners. 7 Mr. Cardenas: Well, the issuance... Commissioner Plummer: It's simple. They can live there if they want, but the _= permit says, the owners, who you have said is not these two individuals who are there. Mr. Cardenas: But Commissioner, OK, let me, without getting into that whole argument, the class C permit was issued in May of 1989. To appeal from the issuance of the class C permit, by law you have 30 days. If you want to determine that they are not in compliance with a class C permit, that's a hearing. We have to testify, we've got to bring witnesses, that's not why we are here. This has nothing to do with compliance with a class C permit. This has to do with an appeal which had to do with cooking as incidental to a catering service and that is the only issue before you. They... Commissioner Alonso: Mr. Cardenas, excuse me, but it is an issue here, because it is very easy to say, let's allow cooking in a residential area, cooking for a business, when you don't live there. It is not a commercial property, it is a residential area. It is an intrusion in the residential area. It is very easy to say, "Yes, have the cooking," when you don't have to endure the problems of that cooking. It's very easy to have the permit that way because when you have nothing to do with that, you don't suffer the consequences. By the way this is trash. Do they have a commercial account? Mr. Caraballo: No. Commissioner Alonso: They don't have a commercial account. We are not supposed to be picking up the trash of a commercial business and have it as residential because it is not fair for the City of Miami and this is a lot of trash, by the way. Mayor Suarez: Madam City Attorney. Commissioner Plummer: Mr. Mayor. Mayor Suarez: Yes. Commissioner Plummer: Mr. Mayor, let me go on record, and maybe this is not as I should as a Commissioner say. Let me what I see here, a very clear cut case. These people, the City has absolutely goofed up. There is no question in my mindl They have allowed these people, in good faith, to spend $30,000 and then recognize the goof. Now, how do we get these people, Mr. City Attorney, off of the hook? These people did not intentionally do anything to violate. They had every right to proceed as they did, as wrong as it is, and five months later then we went to them and said, "Hey, we goofed, you've got to stop," and they've already spent their money. Now, how in the hall do we make this thing right, because in my estimation, I have not heard anything to tell me that the City acted and did everything right and according to the law. Now, my father taught me an old adage that says, my mistakes I pay for, your mistakes you pay for. They didn't make a mistake, they acted in good faith and they are on the hook for thirty grand. Now, I want to tell you, go a further step. I want to throw them out of there, but I can't sit here and vote to throw them out of there if they are going to have $30,000 go down the drain, which they spent in good faith. Mr. Rodriguez: May I clarify something? Commissioner De Yurre: Let me ask a couple of questions. Mayor Suarez: I think the Commissioner wants to inquire whether they did in fact do that in good faith. Yes. Commissioner De Yurre: Now, it is a requirement, from what I understand, that the owner must live in the property. Is that correct? 46 January 25, 1990 Mr. Rodriguez: Right. Commissioner De Yurre: Commissioner Plummer: Must the owner apply for the special permit? I think at the time of its issuance, the owner did. Mr. Rodriguez: At the time it was. Commissioner De Yurre: What? Mr. Rodriguez: At the time it was. Commissioner De Yurre: At the time it was. OK, who applied for that permit? Commissioner Plummer: The owner has to. Mr. Rodriguez: David Gillis for Sara Sharpe Catering. Commissioner De Yurre: Is that the owner of the property? Mr. Caraballo: No. Mr. Rodriguez: The owner of that sign -off over here, I cannot read it well, because it is a signature. Commissioner De Yurre: Well, let's make... Mr. Rodriguez: It is an oral consent type of disclosure that we have, Commissioner De Yurre: Well, let's make it out. Let's see who the owner is. Who signed that document? Mr. Cardenaa: It was always meant for these folks to live on the property. Commissioner De Yurre: Al, you know... Mr. Rodriguez: We are trying to get that. Mr. Cardenas: I think if we are dealing with intent, you want to ask... Commissioner De Yurre: No, I think we are dealing with good faith. Mr. Cardenas: Right. Commissioner De Yurre: Right? If you want to get off based on good faith and I want to establish that there is good faith so that I can come down on the people that screwed up... Mr. Cardenas: OK. Commissioner De Yurre: ... and allow good faith to save the day. But if I don't see good faith from day one, then I have my conscience is clear... Mr. Cardenas: I have no problems with that. I have no problems with that. Commissioner De Yurre: ... to proceed by the strictness of the law. Mr. Cardenas: I understand. We have no problems with that. Commissioner De Yurre: And that's why 1 have to establish that the procedure of who applied? Was it the owner and so on and so forth and I want that information. Mr. Cardenas: Our clients applied, but I think if you ask Mr. Olmedillo, he will tell you that the intent, regardless of how it was worded, was for these folks to live on the premises, which is what they want to do. Commissioner De Yurre: Which is illegal. Right Al? - it illegal. No, no, yes, or no? Mr. Cardenas: I don't think so. 47 January 25, 1990 Commissioner De Turre: You don't think it's illegal.? Are they the owners? Mr. Cardenas: No, it's not, because they are separate structures on the premises. Commissioner De Yurre: What do you mean, separate structures? Mr. Cardenas: They are two separate structures. Commissioner De Yurre: What do you have, two duplexes, or two separate -- residential homes? Mr. Cardenas: They are two separate structures on the property, two buildings. Commissioner Plummer: Al, the intent, which we've argued before this Commission before is that the people who own the property, who have the legitimate rights, if there is going to be an inconvenience, they will be inconvenienced and stop it and that's why it said the owners, not lessee, the owners of the property. If they are living in that front house and that operation is upsetting someone, it is going to upset them and they're going to stop that operation. They are the only ones legally can stop it. Mr. Cardenas: J.L., they had a meeting without a lawyer because they just hired us for the problem. They went, they met with your staff, they sat down... Commissioner Plummer% I've admitted all of that. Mr. Cardenas: ... they negotiated conditions and everyone knew that it was meant for them to live on the premises and for them to get the class C permit, since, as Commissioner De Yurre said, we're dealing with good faith and I am laying it out to you. Conunissioner Plummer: I agree to that. I don't disagree with that. The point that he's making is perfectly legal. The point I'm trying to make is that they spent this money in good faith. Now, can we reimburse them? Mr. Rodriguez: OK, can I try to set the record straight? Commissioner De Yurre: Well, I just want to determine whether there was good faith or not and if that's the case, I go along with it. Go ahead. Mr. Rodriguez: Can I try to set the record straight because I think it's important that we do this. The application was signed by Mr. Brodeur. Mayor Suarez: Mr. ... Mr. Rodriguez: Brodeur. Commissioner De Yurre: Who is? Mr. Rodriguez: Mr. Brodeur is the person that is shown as the owner in this case. He signed under owner, OK? Mayor Suarez: But is he the owner of the real estate? Mr. Rodriguez: That's what they claimed when they signed. Commissioner De Yurre: Well, have you checked, I'm sure. What's the response? Mr; Rodriguez: We have a note over here that it was... Marsha Williams was a notary public that signed that, I mean that notarized it that they signed as owners. Commissioner Plummer: You don't check it. Mr. Rodriguez: How are we going to check that? Commissioner Plummer: You go the same damn way you check any piece of real estate, go to your book and find out who the legal owners of that property are. 48 January 25, 1990 - 00 _ Mr. Rodriguez: They have the burden on themselves to apply as owners. Commissioner De Yurre: And nobody checks it, so there's not much of a burden, e is there? Mr. Rodriguez: Well, if they have applied under the wrong name, then they - obviously have a problem. Mayor Suarez: OK, now, where they in fact, now let's find out whether they were in fact the owners or not of the real estate. - _ Mr. Rodriguez: May I continue then with your conditions because I think it is important to clarify some of your points, Commissioner. - -; Mayor Suarez: But you said they signed as owners. Were they in fact owners at that point, of the real estate? Commissioner Plummer: According to the notary. ■ Mayor Suarez: We don't know. _ Mr. Rodriguez: I couldn't tell you that. Mayor. Suarez: Go ahead. — Commissioner De Yurre: It's like a... = Mr. Rodriguez: The conditions... i Commissioner Plummer: Excuse me. Just for your edification, according to law, a notary does not attest to the document being truthful. A notary only attests to the signature in front of him, that's all a notary does. Where the - hell is my Law Department? Mr. Rodriguez: In addition to that, we have an affidavit that we received, in — which they attest that they are the owners of the following described z property, and they mentioned... Commissioner De Yurre: Who is this now? 5_ Mr. Rodriguez: And this is signed by Brodeur, the same person, OK? And that is dated January 16 of 1990. Commissioner De Yurre: So he is pulling the permit. Mr. Rodriguez: OK, so now... Commissioner De Yurre: Is that what we are saying right now? Commissioner Plummer: January 16th of 190? Mr. Rodriguez: 190. Commissioner De Yurre: 190? Mr. Caraballo: Yes, it was yesterday. Mr. Rodriguez: The affidavit was... Commissioner Plummer: Nine days ago. Mr. Rodriguez: The affidavit... Mayor Suarez: Please, we can calculate the difference between January 16th and today without you yelling anything into the mike when you are out of order. Are you related to him? Mr. Caraballo: Yes, he is my son. Mr. Cardenas: Mr. Mayor, we haven't... -"° 49 January 25, 1990 Mayor Suarez: All right, keep an eye on your dad, make sure you keep him - - under... Mr. Caraballo: No, I understand that, but I am sick and tired of people telling lies here. Lying, lying) Mayor Suarez: I'm trying to get your son who will advise you that you are - doing very well if you don't get out of order. You've got four Commissioners -_ arguing your side of the case right now, in case you haven't noticed. - o Mr. Cardenas: Right, the only thing I didn't do was... - Commissioner Plummer: Excuse me, he has the floor. Mr, Cardenas: OK. Mr. Rodriguez: If I may continue because there was some questions as to the - class C. The class C that was given on May 1 of '89 had the following - conditions and I would like to put that on the record. �e Mayor Suarez: Please. Mr. Rodriguez: That the hours of operation will be limited to Monday through - Saturday from 7:00 A.M. to 5:00 P.M. Number two, that only two full-time - _1 employees, in addition to the owners could work over there. Number three, -_ that the owners... Commissioner De Yurre: The owners of the property, not she owners of the - t _ business. Mr. Rodriguez: It says the owners. Commissioner De Yurre: Of what? Mayor Suarez: Not clear, OK. _ Mr. Rodriguez: I am telling you exactly how it reads. Commissioner De Yurre: Well, there are things we need to clear up. Mayor Suarez: Now, what do you think we intended when we said that? The owners of the property? Mr. Rodriguez: The owners are the applicants of the business. The third item was that the owners must reside at the residence on the premises. The next one was that the catering operation was to be limited for orders of parties off the premises. Mayor Suarez: I'm sorry, what was that again? Mr. Rodriguez: Catering operation to be limited to orders for parties off the premises. The next one was that no quote, "cantina," quote, operation allowed. Commissioner Plummer: What is a "cantina"? Mr. Rodriguez: A "cantina" is a service by which people will cook and they will distribute it to different houses. Commissioner Plummer: Oh, you mean the bucket operation? Mr. Rodriguez: Bucket operation, right. Implying there will be no heavy cooking and the last item was, and trash to be packaged and stored in waterproof and vermin proofed containers at the rear of the building. Commissioner Plummer; Waterproof and what? Mr. Rodriguez: Vermin proof. Commissioner Plummer: Vermin proof. 50 January 25, 1990 Mr. Rodriguez: Right. And they have to stored at the rear of the building. Those were the conditions of the class C. In addition to that, there was a letter that was sent by the lawyer of the applicant, by Sheila Wolfson, dated July 19, 1989, addressed to you, Mr. Mayor, and with copies to the -= Commissioners in which as part of item number one, under air pollution, she mentioned, "catering involved food preparation rather than cooking." Based on that information, after Mr. Genuardi received complaints that there was going to be cooking on the premises. He, Mr. Genuardi, sent them a letter in October saying, "You were not supposed to have any cooking in your facility," based on the statement received from the applicant. Mayor Suarez: I have to tell, you once again that all of this contradicts logic. I have never heard of anybody proposing that food preparation is not cooking. i Mr. Rodriguez: They claimed that. Mayor Suarez: Well, they should have been told that we on g o logic in this B City and that food preparation is cooking. "Sorry, you cannot do this, bye y bye, go find some commercial area to do your cooking in." '- Commissioner Plummer: They are talking about precooking. Mr. Rodriguez: For example, the example that we are giving... Mayor Suarez: Precooking, cooking, food preparation, it's all the same thing. Mr. Rodriguez: The example that we're giving us to do it was rather than cooking on the premises and frying and so on, they will take a ham, for example, that was already prepared in another place and they will roll it up and put a tray of ham. That is not cooking, that is preparing the food. In addition... Mayor Suarez: Why would we allow commercial food preparation in a residential area if they are going from a change of one use to another? That's a great opportunity to stop a nonconforming legal use and make it all of a sudden a nonconforming illegal use and prevent it forever and ever and ever in that neighborhood. Mr. Cardenas: Let me read the law here. Mr. Rodriguez: Furthermore, if I may finish. The issue that is before you here today only, is... Mayor Suarez: Who is going to pay for the $30,000? That is the issue. Go ahead. Mr. Rodriguez: No. That they are claiming, at this point that Mr. Genuardi, the zoning Administrator, ordered them to stop cooking on the facility and the original appellant, represented by Mr. Cardenas, tried to continue or to start cooking in the facility. The Zoning Board, so I can establish a record, found in support of Mr. Cardenas' client, against the position from Mr. Genuardi. Mr. Caraballo today is appealing that position from the Zoning Board because he would like the cooking to stop over there. In a very complicated manner, this is a simple way to explain the whole process. Commissioner Plummer: Question. Mr. Rodriguez: Yes, sir. Commissioner Plummer: When did the Fire Department go and make their inspection? Mr. Rodriguez: Mr. Genuardi. Mr. Genuardi: You mean subsequent to the Class C? Commissioner Plummer: When did they go and make their inspection of the premises as they normally do? Mr. Genuardi: Their yearly inspection for it was in Tune of. '88 and they would have gone in 189 around the same time, except that then it was in the 51 January 25, 1990 process of being converted. They did go at the end for the CO, they had an - inspection. That was given on October 25th. iw= Commissioner Plummer: Prior to the letter that you sent them? Mr. Genuardi: That was around the same time. My letter was... Commissioner Plummer: Which date is first? Mr. Genuardi: My letter was October 27nd. Commissioner Plummer: That's October 25th? Mr. Genuardi: 27th. Commissioner Plummer: The 27th, my brother's birthday, OTC. Now, when did they get their CO? Mr. Genuardi: They got their CO November 16th. Commissioner Plummer: November? Mr. Genuardi: That's 16th and 1989. Commissioner Plummer: November 16th, so they got a CO after your letter. Mr. Genuardi: Yes, they... Commissioner Plummer: From the same City of Miami. Does the right hand know the left? Let me ask another question. Did they, I assume you might have checked somewhere along the line, did they go through the normal permitting process of the plumbing and the electrical and all of that? Mr. Genuardi: Yes, they did. They submitted plans, plans were reviewed by all the sections and approved. `— Mr. Cardenas: Mr. Mayor, I'd like for you to hear from our client who has wanted to say a few words to... sir? Commissioner Plummer: No, no, no, don't let a pregnant lady who is holding her belly come up here and talk at that microphone. If you do, call the rescue squad first. Ms. Sara Sharpe Gillis: I'm not as far gone as I look. I believe... should I give my name again? This is Sara Sharpe Gillis of 3328 S.W. 23rd Terrace. I think the critical factor here in the determination of our being granted the - Class C was the lesser intensity of use. We have this sort of catering e business that is - this building is much too large for us. We were happy to -_ find this space that we could actually spread out in and find it easier to do some of the things we do like pack out for parties and spread our equipment around where we can see what we have and those kinds of things. But, you might have the idea that we're a much bigger business than we are. That's the reason we were the lesser intensity of the nature of our business was the = reason that we were granted. Mrs. Alonso, I certainly do understand your concerns about heavy grease and frying and all that. I am sure that even if =_ you were standing in our driveway, you wouldn't know we were cooking because it is a very low key business. A lot of days, we don't even come in because - we don't have any work. Some days we may have sit down dinners for twelve L people. I mean, it's a very small business. Tonight we have, which is, for us, a huge party and it's 160 people and it's only one hour of hors d'oeuvres. '_- So, I understand your concerns very intensely because I know that you don't know the size of our business. We have only two full time employees and two A part time employees which we're permitted and my husband and I, and that's it. I don't see us... Mayor Suarez: You have six people preparing food for 160 people tonight in a residential neighborhood. Me. Gillis: One of the ladies answers the telephone and speaks with the clients and books the parties so she's not in the kitchen. My husband does the paperwork and looks after, our little son and there's a pot washer and 52 January 25, 1990 Ll there is me and I sous chef for the chef. So, I think that's six. That's all we are. So, I understand that you don't realize how small we are, that's part of the thing. The other thing that I was real - I'm concerned about it when I hear, is that you all keep talking about $30,000, like that's everything. Well, it's a little more than $30,000, it's more like thirty-six, but the main point is that if we were kicked out, we would have no place to go and I'm certain we would lose our entire business. That is what has me very alarmed. I've been in business 12 years very successfully. I have many, many very well known clients who I'm certain could vouch for the type of work we do. And my whole business would be put out of business. Mayor Suarez: Ma'am, on May 1, 1989, you received a permit, Class C special permit... Ms. Gillis: Yes, sir. Mayor Suarez: ...signed by deputy director of the Planning Department, Mr. Olmedillo... Ms. Gillis: Yes. sir. Mayor Suarez: That permit contained certain conditions, one of which is that the owners will reside at the residence on the premises. Ms. Gillis: I'd love to speak to that issue, if I may. Mayor Suarez: Let me ask my question. Ms. Gillis: Yea, sir. Mayor Suarez: On May 1, 1989, did you and your husband reside on the premises? Ms. Gillis: No, sir. Mayor Suarez: When did you begin to reside on the premises, if ever? Do you now... Ms. Gillis: We are not yet residing on the premises. Mayor Suarez: How could you possibly expect us to go along with this in view of that? Not only did you not reside at the time that you got this, it's one of the conditions stated here. You still don't reside on the premises. What could possibly make us go along with this? Ms. Gillis: OK, we had every intention, from day one, of doing precisely that. Part of the shocker - well, it always costs more money to open a business than you think. The building is going to take a lot more than five or six thousand. It's going to take between ten and fifteen just to make it really usable. We were very willing to go ahead as I told you, we got our permit May 1st. We were not actually able to occupy the commissary area, the commercial area, until October 15th, more or less. During those few months, we had to work in the little cottage... Mayor Suarez: The commissary area? Ms. Gillis: Well, we're calling the commercial kitchen area, a com... Mayor Suarez: The commissary area in a residential neighborhood. Ms. Gillis: It's a commercial kitchen, sir. It's a commercial kitchen. Mayor Suarez: I'd love to see what the court of appeals would do with that one, Al. I would not appeal this one if it's denied. Ms. Gillis: I wish you would come and see it. Well, I'm trying to simply differentiate that that is the cooking area... Mayor Suarez: The commissary. Hoy, it's been a long time since I've heard that word. 53 January 25, 1990 Ms. Gillis: ...that is the cooking area as opposed to the little cottage which is the house in back. We had to work somewhere and we worked in the - cottage for those months. That's one reason we were unable to bring the Cottage to a livable state. And then, almost immediately, as soon as we got the proper cooking business moved into, what I'm calling the commissary, from = - that moment, we began being challenged so much by Mr. Caraballo and our lawyer, Mrs. Wolfson, advised us and also stated in front of the Zoning = Commission that she had instructed us to wait until this is all, resolved before we invest any more money in the property. Because, we, as you know, we could be kicked out and then we'd be even more deeply in the hole than we are right now. That's the reason, sir. Mr. Cardenas: Let me, Mayor, continue, if I can, regarding your issue. I want to go over those with you if I can. The City had a chance not to issue the Class C permit. It had no obligation, but it did. And that is why we're here today. There was a 30-day time period... Mayor Suarez: But it's tough to argue reliance, Al... — Mr. Cardenas: Right... Mayor Suarez: ...if you didn't comply... Mr. Cardenas: That's right. There was a 30-day time period... Mayor Suarez: ...if you didn't comply with the condition. Mr. Cardenas: Yes. There's a 30-day time period within which to appeal the issuance of a Class C permit. Mr. Caraballo didn't do that. The City didn't do that. You didn't do that. Our clients in reliance on the issuance spent all their money, all they had. Five months later, you advise them differently. Then they go to the zoning board and the zoning board says, of course, we agree with you. There's got to be some, you know, pre-cooking address to the issuance. Now, you also addressed the commercial use of the property. Commissioner Plummer: But who went to the zoning board? Mr. Cardenas: Yes, and prevailed nine to nothing. Commissioner Plummer: Who went to the zoning board? Mr. Cardenas: Our clients and... Commissioner Plummer: Which is a recognition on their part that there was not an absolute guarantee. Mr. Cardenas: No. Because the Class C permit is still alive. The only thing that they went to the Commission, to the zoning board for, was an interpretation as to whether cooking was an allowed use under the Class C permit. And they prevailed on that decision. If you vote against them today, you're not revoking the Class C permit. Commissioner Plummer: Oh, yes, we are. Mr. Cardenas: No, you're not. You ask the City Attorney. Commissioner Plummer: You can bet me, now go ahead and test me, Al. Mr. Cardenas: No, I'm not going to do that. Commissioner Plummer: Because the owners are not on the premises. Now, you want to test me, go ahead. Mr. Cardenas: OK. Number two, there's such a thing called equitable estoppel, and that has to do with fairness. Commissioner Plummer: What did I just say? Mr. Cardenas: I understand. Commissioner Plummer: What did I tell you before? 54 January 25, 1990 Mr. Cardenas: I understand. Commissioner Flu.-rmier: Now, Mr. Mayor, let me sum this up, as far as I'm concerned. As I see this dilemma, it's simple. These people acted in good faith, they've put out $36,000. Does the City reimburse them because this man has rights, as a neighbor, and he is not supposed to be inconvenienced and that's where we are. Now, how do we get off of that? You're talking and his talking isn't going to do it. We got to go legally. How do we do it? It's just that simple. Mayor Suarez: Somebody. The City Attorney's a good place to start. Miriam Maer, Esq.: With reference to the violation of the Class C permit, as in all violations of permits of this nature, it becomes an enforcement action and gets referred to the code enforcement section who ultimately, after they prepare their case, would take it before the code enforcement board. Commissioner Plummer: My dear, I think that the consensus of this Commission is that there has been a wrong which has been committed by the City, OK? These people acted in good faith, spent thirty-six thousand. If we reimburse them, is that the answer? This man is not to be inconvenienced. Is there a compromise that can be dwelled in between where they limit the man of hours, they do no cooking. You know, we're arguing back and forth, we're arguing in circles and we're not getting anywhere. Mayor Suarez: And if you want us - if you're going to explore that, let me tell you, for myself, that I don't see any reasonable reliance, Al. So, if you want to spend sometime negotiating, I don't know, could we, if the Commission were disposed, compensate him in some amount? - to stop... Commissioner Alonso: Yes, I even have my - to tell you the truth, I even have my doubts to the extent of where and how the City was wrong. Because if I follow the steps, I find contradicting information and I'm not certain if the City was wrong to begin with. It is a fact that this family has spent the amount of money that it did. It is also my personal belief that they've been cooking from day one. You were not permitted by law to do cooking in the property. Mr. Cardenas: Yes, they were. According to the zoning board. Commissioner Alonso: It is permit, a Class C permit, so grey that really allow cooking in a residential area? Mr. Cardenas: But the point is this, you, is the following, this property, been used for commercial purposes. Commissioner Alonso: But not cooking. Mr. Cardenas: It was used... yes... Mrs. Alonso, what I'm trying to tell since 1936, has, without interruption, Commissioner Alonso: Oh, were they cooking? Mr. Cardenas: ...it opened up as a potato chip factory. Frying potato chips for 40 years. Forty years they fried potato chips. Commissioner Alonso: I don't know how they did then. I'm not sure how they fried. Mr. Cardenas: Then it became a printing business. When Caraballo, a neighbor, moved there, he moved there knowing there was a printing business that employed 13 people on this premise. He's not an affected person who never knew there was a commercial use in the property. He moved to his property when this property, that our clients are operating, now was operating as a printing business employing 13 people. We've gone from a printing business employing 13 people when he lived where he continues to live, to a much less intensive use employing two people. And that is what the planning director and the assistant city manager was referring to. They gave us a Class C permit because it was a much less intensive use than the previous printing business and because it's a legal nonconforming use and because it was legally the thing they had to do in accordance with section 2104.5 of your City code. 55 January 25, 1990 Commissioner. Alonso: Let me ask you a question, Mr. Cardenas, and then I'd also like to address the question to the gentleman. When this letter was sent ` by your office, it says, member three, giving answers to Miss Gloria Fox, in number three you say, "Cooking is not the main use of the premises, but, =_ instead, preparation of food is the main use." — Mr. Cardenas: Main use, that's correct. Commissioner Alonso: Why are they so concerned now with cooking? Mr. Cardenas: We're not concerned, he is. Cooking is a very minor part of _ our operation. i Commissioner Alonso: I'd really like to see this business in operation at a proper time that I can go and see the area, see the conditions, see how you do that and I think it is, at least to me, will give me a more clear picture of what it is.... Mr. Cardenas: Yes, we will agree that there will be no frying on the property. Commissioner Alonso: ...to me, it's awful, cooking in the middle of a residential area, cooking, a business. Mr. Cardenas: We will agree that we will not fry food. Commissioner Alonso: That thought, it's not... and I also wonder, and, of course, you can answer if you want, if you don't want, you don't have to. But, how in the world, did you spend this kind of money in a residential area when you knew that you were getting a special Class permit? Why didn't you go to a commercial area? Me. Gillis: Believe me, we had no idea all these snags would occur later on. It's just been a total nightmare for us. It is very expensive to build a commercial kitchen and that is what we're legally required to have. When you mean you have to take up a floor and put in plumbing and move walls and do things like that so it fits and as far as equipment, we already owned all the equipment. We didn't buy any equipment. These were things that we had to do to the building, but we had the permission so we thought it was OK. Mayor Suarez: I also have a lot of doubt as to your spending $36,000 under conditions where you weren't even complying with one aspect of it, but we've got a proposal here. Why don't you put into the record what you're thinking about, Madam City Attorney, the idea would be that we may want to explore other facts relevant to the issue of equitable estoppel. In the meantime, we could today specify what, if any cooking would actually be done on the premises. Ms. Maer: My thoughts were to either maintain the status quo or as this Commission would wish, to restrict it further from what they're presently permitted to do. Mayor Suarez: How much can we restrict today? Ms. Maer: It's really kind of up to the Commission. You can require that there be no cooking or you could specify that the type of cooking be a very limited type, not to include frying or perhaps something else that they might want to stipulate to. Mayor Suarez: We could require no cooking at all. We can legally require no cooking at all. Ms. Gillis: No cooking would effectively put me out business. Mayor Suarez% Except for the... Ms. Gillis: No cooking at all would put me out of business. Mayor Suarez: I didn't ask you anything, ma'am. Ms. Gillis: Yes, sir. 56 January 25, 1990 Mayor Suarez: We could require no cooking at all except for the people who - reside there. I mean, if they want to cook to eat themselves, they can do that. They could do that in any home or their guests or something who are _ there. A reasonable number of people, but no commercial cooking. Me. Maer: I think you could do that because that would specifically relate to the issue in front of you which is not the Class C and not the nonconforming status, but, in fact, is whether or not Mr. Genuardi.'s October, 1989 letter was correct ordering no cooking. So, if you want to continue the hearing, so to speak, and maintain the status quo, as mandated by the zoning - administrator, it would be no cooking until such time as you resolve this, but you could take any step along that way. Commissioner Plummer: Can I try another track? Sir, let me ask you a question. Do you understand we're on the horns of a dilemma? All right, is there... Mr. Caraballo: Yes, I understand, but I don't think that you are touching the principal point in this which is, they gave... Commissioner Plummer: Can I ask you a question? Mr. Caraballo: OK. Commissioner Plummer: All right. Is there any way that you feel a compromise can be brought about to get this Commission off the horns of a dilemma? The limitation of something, the reduced amount of hours. Is there any way that you can compromise that you think that it could be acceptable? Mr. Caraballo: Not for the moment. Let me explain why. When the permit, the special permit was granted, was granted based in what Genuardi thought and proclaimed that was a real inspection. Which it's not. And then, when this appear, he change his mind. When the second one appear. Therefore, I'm trying that you understand that the special permit was granted under false pretense. Commissioner Plummer: On the what? Mr. Caraballo: On the false pretense. Commissioner Plummer: False pretenses, OK. Mr. Caraballo: OK. That's exactly what happened at this moment. You see, they find out later that they have been cheated and I mean to talk of this. I wrote a letter in May 5t,h to the Mayor and sent a copy of all of you expressing the same thing, telling this. This have been closed for many month and nobody pays attention to it. Everybody rolls on top of that. Why I have to get back to it. The owner of the property which is not them yet. They are in the process of buying it and stop it because of this. The owner of the property move away, close down the situation and lost his right. Then, in order to get it back, somebody invented this. I don't know who but somebody invented it and this belong to the computer of the City. Mayor Suarez: I'm not sure what this is relevant to. Commissioners, what do you want to do on this item? Any suggestions, Mr. Planning Director? Somebody? Mr. Rodriguez: I believe that the... again, the issue before you is the cooking issue and if you were to establish that you either have no cooking or some limited cooking on the premises, that would satisfy, at least from the point of view of the concerns of the planning department had from the beginning, you know, on this type of activity, the concerns of the administration. Mr. Cardenas: We would be willing to limit cooking to only X number of days a week, only X number of hours, eliminate frying. We're extremely flexible as to what you want to do. As Miss Sharp said, the nature of the cooking is such that you can't tell from the driveway they're cooking. But we would do it... and you don't see any other neighbors complaining. Obviously, if it was the kind of use - you know, Commissioner Alonso, better than anyone, how neighbors feel. I€ this was kind of an abusive thing, there would have been a lot of 57 January 25, 1990 neighborhood movement. They would have been here. You would have received calls and letters. I have respect for a gentleman who is exercising his _— rights as a citizen to have his voice heard, but this is not something where - =_ there is overwhelming neighborhood concern over, or you would have heard from o them. They're not here. 8 Mr. Rodriguez: Another possibility, Mr. Mayor, that I was just thinking of, _V is that you might grant the amount of cooking that you might desire for a period of time to see how it works. After which, it can be reviewed and brought up before this body and decide whether that works or not. If it doesn't work, you remove the cooking completely. --'� Mayor Suarez: Well, I want the rest of the Commission to come up with what = they consider to be an adequate formula. I was exploring this one because it might relate to a consensus here. For myself, the moment that you have a - grandfathered use and they seek under a special Class C permit a different use on the basis of the criteria that were put on the record by Guillermo, which —_ state that it has to be in consonance with or in accordance with the - neighborhood, automatically, you should deny them. That's the way I look at - it. You should - in fact, I would put you on notice right now that, for my vote, you should automatically deny them every- single time because that criterion gives you sufficient authority to deny them. So, I can't possibly vote for this item except just as an accommodation to the rest• of the -_ Commission. So, if anybody has a better idea, such as limiting the cooking in some way, I would limit it to no cooking at all, I mean, I don't see shy we should allow any cooking there at all. But, if the Commission wants to do it .# otherwise, I'll vote for it just so we can get on with some other items. Commissioner Plummer: Let me ask you this. Do you feel there would be any help that if the Commission went and looked at the facility. Would that be of any help? Mr. Rodriguez: I think you would get the idea of the property, how it looks on the outside, which is not exactly residential. Commissioner Plummer: I move this item be deferred. Mayor Suarez: So moved. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded. Commissioner Plummer: Till February the 15th. Mayor Suarez: Any discussion? If not, please call the... and by the way, I have to say this, Al, and I don't mean to pick an argument with you in any way, but the idea that you can't see from the driveway what is going on there, doesn't mean anything to me. You could have an underground nuclear facility and you wouldn't be able to see from the driveway what's going on underground. Commissioner Plummer: Don't laugh, Mr. Mayor, I'll show you one on 40 th Avenue that is a reloading shop that if that thing ever has a match, that end of the City is going up. Mayor Suarez: I got to your engineering background, right? And his political background back there, Virgilio.... Commissioner Plummer.: And, as part of my motion, of deferment, Al, I want you to meet with this gentleman, OK? Mr. Cardenas: OK. Commissioner Plummer: At his convenience and see if there is some kind of a compromise that can be reached. I'm not saying that it's possible. Maybe there's some way that the two of you can come up with some solution with we, the Commission, who know we're on the horns of a dilemma, trying to do what's right for both sides, and just use my old saying that says, that reasonable people can disagree, but they don't have to be disagreeable. So, I would beg you to meet with this gentleman to see if there's any way that a compromise can be reached. Maybe not, but at least I want you to try. 58 January 25, 1990 Mr. Cardenas: OK. Mayor Suarez: All right. Mr. Cardenas: Yes, sir. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. Commissioner Plummer: And don't take him to dinner at a caterer. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-77 A MOTION CONTINUING TO THE MEETING OF FEBRUARY 15, 1990, CONSIDERATION OF AN APPEAL BY ARTURO G. CARABALLO OF ZONING BOARD'S APPROVAL OF AN APPEAL, THEREBY PERMITTING COOKING AT 3328 S.W. 23 TERRACE; FURTHER DIRECTING THAT ALL INTERESTED PARTIES MEET AND TRY TO REACH A COMPROMISE IF AT. ALL POSSIBLE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins. Mr. Rodriguez: Item 15, right? Commissioner Alonso: Fifteen. Commissioner Plummer: Fifteen, right. Mayor Suarez: Yes. Do you cater for parties of ten or less? UNIDENTIFIED SPEAKER: Yes. Commissioner Plummer: How about five or less? We're hungry. About an hour and a half... Mayor Suarez: OK, we are adjourned until five, which is just as well, because I've been informed that - what is it, the Mayor and how many Commissioners of the City of Sweetwater... Commissioner Plummer: Have just been indicted. Mayor Suarez: Have been indicted and the Governor is looking for recommendations for people to fill those posts and... Commissioner Plummer: Jack Alfonso would do well and Agua Duice. Mayor Suarez: And, seriously, if my fellow Commissioners would know people who are... Commissioner Plummer: That live in Sweetwater? Mayor Suarez: Who live in Sweetwater and who make sense to fill those positions, please let us know so we can get back to the Governor. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:40 P.M. AND RECONVENED AT 5:06 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT. VICE MAYOR DAWKINS AND COMMISSIONER DE YURRE. 59 January 25, 1990 El 18. CORRECT SCRIVENER'S ERROR BY FINDING THAT PAGES 6 AND 7 (EXHIBIT "A") WERE INADVERTENTLY OMITTED AND SHOULD HAVE BEEN INCLUDED AS EXHIBIT "B" OF RESOLUTION 89-989 (OCTOBER 26, 1989) - A MAJOR USE PERMIT WHICH APPROVED TWO PARKING STRUCTURES FOR STATE OF FLORIDA DADE COUNTY REGIONAL SERVICE CENTER PROJECT. Mayor Suarez: Which one are we on, Joe? - PZ... Mr. Jorge Fernandez: Five. Mayor Suarez: Five, I see you're getting warmed up. PZ-5, Commissioner. Commissioner Plummer: Scrivener's error, I move it. Mayor Suarez: So moved. Commissioner Alonso: PZ what? Mayor Suarez: Scrivener's errors. Minor insubstantial correction of prior mistakes. Mr. Joe McManus: Mr. Mayor, two pages were mislaid some place and what we'd like to do is put them back in. You've seen the substance of this before. We're merely trying to retrace our steps here. Mayor Suarez: Beautiful. OK, we have a motion. Commissioner Alonso, do you second? Commissioner Alonso: Yes. Mayor Suarez: Call the roll on that motion. Is it an ordinance? No. The following resolution was introduced by Commissioner.. Plummer, who moved its adoption: RESOLUTION NO. 90-78 A RESOLUTION, WITH ATTACHMENTS, CORRECTING A SCRIVENER'S ERROR BY FINDING AND CONFIRMING THAT PAGES 6 AND 7, MARKED AS EXHIBIT "A", HERETO, WERE INADVERTENTLY OMITTED AND SHOULD HAVE BEEN INCLUDED IN EXHIBIT "B" OF RESOLUTION 89-989, DATED OCTOBER 26, 1989, THE MAJOR USE SPECIAL PERMIT WHICH APPROVED TWO PARKING STRUCTURES FOR THE STATE OF FLORIDA DADE --- COUNTY REGIONAL SERVICE CENTER PROJECT, AND INCORPORATING SAID PAGES; CORRECTED RESOLUTION AS NOVEMBER 25, 1989; DIRECTING THE CITY CLERK TO CORRECT RESOLUTION 89-989; AND CONTAINING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Cot tssioner Victor De Yurre Vice Mayor Miller Dawkins. .M January 25, 1990 - r -------------------------------------------------------------------------------- 19. FIRST READING ORDINANCE: AMEND CODE CHAPTER 62, SECTION 62-16 - REQUIRE A COMPANION ZONING APPLICATION AND REORGANIZE SCHEDULE FOR SEMIANNUAL PLAN AMENDMENTS; SECTION 62-18 TO REFERENCE THE PLANNING ADVISORY BOARD_ AS THE LOCAL PLANNING AGENCY - INSERT NEW SECTION 62-19 ("LAND DEVELOPMENT REGULATIONS"), ETC. (Applicant: Planning Department.) Mayor Suarez: PZ-6. Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ-6 is an ordinance amending chapter 62 zoning and planning of the City Code. This is a planning department item. We're recommending it. It was recommended unanimously... Mayor Suarez: Anyone wish to be heard on PZ-6? Let the record reflect no one stepped forward. Commissioner Plummer: First reading, I'll move it. NOTE FOR THE RECORD: Commissioner De Yurre entered the meeting at 5:08 p.m. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTION 62-16 TO REQUIRE A COMPANION ZONING APPLICATION AND TO REORGANIZE THE SCHEDULE FOR SEMIANNUAL PLAN AMENDMENTS; SECTION 62-18 TO REFERENCE THE PLANNING ADVISORY BOARD AS THE LOCAL PLANNING AGENCY; BY INSERTING A NEW SECTION 62-19 ENTITLES "LAND DEVELOPMENT REGULATIONS" AND LISTING THEM; SECTION 62-25 BY ADDING A NEW SUBSECTION (11) DESIGNATING THE PLANNING ADVISORY BOARD AS THE LOCAL PLANNING AGENCY AND LOCAL LAND DEVELOPMENT REGULATION COMMISSION; AND CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 61 January 25, 1990 -.r r------------------------------------------------------------------------------ 20. FIRST READING ORDINANCE: AMEND 9500, PAGE 4 OF OFFICIAL SCHEDULE OF _ DISTRICT REGULATIONS - INSERT NEW CR-3 COMMERCIAL -RESIDENTIAL (GENERAL) TITLE - PROVIDE SALE OF USED CARS IS PERMISSIBLE BY SPECIAL EXCEPTION SUBJECT TO LIMITATION, ETC. (Applicant: Planning Department.) --------------------------------------------------------------------------------- Mayor Suarez: PZ-7. Mr. Guillermo Olmedillo: PZ-7 is an amendment to the ordinance, zoning ordinance 9500, to provide through a special exception permit the sale of used cars in connection with new cars. And the planning department recommends approval and the planning advisory board recommended approval on a six to one. Commissioner Plummer: You're going to have to give roe some more explanation on selling of used cars. Tell me more. Mr. Olmedillo: We have two limitations. Basically, we say that you cannot have more than 30 percent of your frontage or ten percent of the total area and that's an amendment that has to be introduced on the record. And we're saying that it's only accessory to new cars. You have to have a new car dealership in order to sell used cars in a CR-3 districts. You can do it in CG-I, which is, a more liberal district, but in order to do it in the CR-3 district, you would have to have a new car dealership. You can only use 30 percent of the frontage, it has to be enclosed and if you don't use 30 percent of your frontage, you should at least - you have to, at least, use 10 percent - or at the most, I should say, ten percent of the total area. Commissioner Plummer: Move item 7. Mayor Suarez: So moved. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING PAGE 4 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, BY INSERTING A NEW CR-3 COMMERCIAL - RESIDENTIAL (GENERAL) TITLE AND PROVIDING THAT THE SALE OF USED CARS IS PERMISSIBLE BY SPECIAL EXCEPTION SUBJECT TO A LIMITATION; AND PROVIDING AN APPROPRIATE EXCEPTION FOR SECONDHAND MERCHANDISING UNDER PRINCIPAL USES AND STRUCTURES, CR-3 COMMERCIAL RESIDENTIAL (GENERAL); CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins. 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. 52 9 January 25, 1990 - :a 21. (A) MODIFY PROPOSED NEW ZONING ORDINANCE - ELIMINATE SD-12 OVERLAY DISTRICT FROM S.W. 22 TERRACE BETWEEN 17 AND 27 AVENUES, TO PREVENT COMMERCIAL ENCROACHMENT. (B) MODIFY PROPOSED NEW ZONING ORDINANCE - ELIMINATE SD-12 OVERLAY DISTRICT IN AREA ALONG BOTH SIDES OF CORAL WAY FROM 12 AVENUE TO CITY LIMITS (37 AVENUE), TO PREVENT COMMERCIAL ENCROACHMENT. (C) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE. ZONING — CLASSIFICATION ON THE TWO CITY -OWNED LOTS AT APPROX. S.W. 24 STREET AND 24 TERRACE BETWEEN 19 AND 21 AVENUES (GOLDEN ARMS) TO PR (PUBLIC RECREATION). i (D) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE ZONING =1 CLASSIFICATION IN AREA OF MIAMI RIVER FROM 22 TO 27 AVENUES -� (PARADISE POINT) TO SD-4 (SPECIAL WATERFRONT DISTRICT). (E) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE MASTER PLAN DESIGNATION FOR THE MIAMI JEWISH HOME PROPERTY (APPROX. AT N.E. 2 AVENUE AND 52 STREET) FROM CG-2/7 TO I/G (INSTITUTIONAL/GOVERNMENT) - DIRECT PLANNING DEPARTMENT TO STUDY AREA AND BRING BACK RECOMMENDATION AS TO POSSIBLE RAMIFICATIONS OF THIS REZONING. (F) INSTRUCT PLANNING DEPARTMENT TO STUDY AREA AROUND N.W. 5 STREET AND 2 AVENUE FOR POSSIBLE CHANGE OF PLAN DESIGNATION/ZONING _ CLASSIFICATION IN PROPOSED NEW ZONING ORDINANCE. (G) MODIFY PROPOSED NEW ZONING ORDINANCE - ELIMINATE ALL COMMERCIAL BUILDING ENCROACHMENT ON RESIDENTIAL PROPERTY IN PROPOSED SD-12 DISTRICT THROUGHOUT CITY. (H) DIRECT PLANNING DEPARTMENT TO CONDUCT A STUDY OF PROPOSED ZONING ATLAS (PAGE 33 - N.W. 36 COURT BETWEEN 7 AND FLAGLER STREETS) FOR POSSIBLE MULTIFAMILY PLAN DESIGNATION/CHANGE OF ZONING - -f -j INSTRUCT PLANNING DEPARTMENT TO AMEND PROPOSED R-3 ZONING =) DISTRICT IN NEW ZONING ORDINANCE TO REFLECT CERTAIN NEW PROVISIONS FOR PARKING REQUIREMENTS. (I) MODIFY PROPOSED NEW ZONING ORDINANCE - CHANGE MINIMUM LOT SIZE --'i? IN THE R-3 DISTRICT FROM 10,000 SQ. FEET TO 5,000 SQ. FEET. (J) DELETE ALL TRANSFER OF DEVELOPMENT RIGHTS SECTIONS FROM PROPOSED i NEW ZONING ORDINANCE - INCLUDE LINKAGE PROGRAM FOR UP TO v ADDITIONAL 25% F.A.R. IN APPROPRIATE DISTRICTS, WITH PROVISOS. (K) FIRST READING ORDINANCE: REPEAL ORDINANCE 9500 - SUBSTITUTE NEW ZONING ORDINANCE - BY MAKING FINDINGS, CONTAINING AUTHORITY, ! INTENT AND PURPOSE, AND SHORT TITLE SECTIONS; REGULATING LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, etc.; PROVIDE FOR OFFICIAL ZONING ATLAS �f AND OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, ZONING DISTRICTS, �1; PLAN DEVELOPMENT DISTRICTS, SPECIAL PUBLIC INTEREST DISTRICTS, etc.; PROVIDE FOR FUNCTIONS AND RESPONSIBILITIES OF CITY COMMISSION, OFFICERS AND BOARDS, SPECIAL PERMITS, SPECIAL 'j' EXCEPTIONS, PROVIDING FOR APPEALS, etc.; PROVIDE FOR EFFECTIVE —5.1 DATE. Mayor Suarez: PZ-8. Well, all of the people that are here must be here on either PZ-8 or PZ-9. Commissioner Plummer: PZ-9? Oh, yes. Mayor Suarez: Who is here on PZ-8? Would you please raise your hand. OK, so this... Commissioner Plummer: PZ-8, planning and zoning item number eight. It's in reference to repealing the 9500. Mayor Suarez: ...almost the entire crowd is here on PZ-8. Mr. Olmedillo: PZ-8, Mr. Mayor, members of the Commission, it's the new ordinance as you instructed us, we're back to you on first reading. I have to correct that on the record because the agenda reads second reading. This is a first reading of the ordinance. This is a zoning ordinance proposed for the City in which we tried to do two basic things. One, to simplify 9500. The 63 January 25, 1990 second one is to comply with state law which requires all our zoning instruments to be consistent with the comprehensive plan. We have done several things to the ordinance. One of the things that we've done, we have gotten rid of the LUI (Land Use Intensity) System. As you know, that is a performance type of ordinance which was a complicated instrument in which we ended up with many districts. Mayor Suarez: What did you call that system, Guillermo? The what system? Mr. Olmedillo: Performance ordinance, because it's kind of a sliding scale. _ yYou do more and you have to do - if you do more building, you have leave more _ open space, you have to leave - parking goes into a decreasing number because of economies of scale so it gets to be very complicated. It was a very - complex ordinance. This is a simpler type of ordinance. We are changing the district nomenclature and we're reducing the number of districts. As you know, we have 58 basic districts. Right now, we end up with 33 basic districts. We are... one of the issues that is going to be brought to you by, let's say, both sides of the position, is that the transitional use which was - deleted from the ordinance, you had instructed us to come back with something that will solve the problem for those commercial properties that need expansion, but you did not want it to be across the board all over the City as �a it was before. We are increasing the parking, as you instructed us to do. The parking requirements are being increased. The loading requirements are being decreased, on the other hand, because they're excessive. We're making changes to the planned development, we are reducing the number of SPIs in trying to simplify on the language of the SPIs. We are introducing a wider —1i concept, or a more permissive concept of the TDii transfer of development P � P P , p j rights. We are making more restrictive the non conformity section of the ordinance. We are unifying the type of timing that we have in the different -_-+ permits in the different processes. Sometimes we talk about calendar days, �� sometimes we talk about working days. So we're unifying everything to calendar days so that everybody knows what we're talking about. We have - right now, we've used from six types of special permits to four types of special permit. Again, in order to simplify, we are modifying the thresholds for the major use special permit so that this Commission has an opportunity to look at the large scale projects which were left out of the existing ordinance. Mayor Suarez: On the - Sergio, on the transferable development rights. We're voting on that in this ordinance, right? Mr. Rodriguez: It's part of it today, that is correct. Mayor Suarez: You gave me, through the Manager, I presume you wrote it, a memo that I think I received today answering my prior memo as to questioning the necessity for all of this. And I believe in that memo, you state that we can't do it without this ordinance. We can't just go ahead and increase density by whatever the percentage is that you intend to when you transfer development rights because you may have run into problems with growth management legislation in terms of the levels of service then being exceeded. That's one of the... Mr. Rodriguez: Well, you cannot give wholesale throughout the City an increase of zoning throughout the whole system. - Mayor Suarez: All right, but in a transferable development right situation, you will also have to abide by and analyze, in a particular case, whether =? you're going to exceed the levels of service to the extent that you'd, in effect, fly in the face of concurrency requirements or the growth management = requirements. Mr. Rodriguez: Right. Mayor Suarez: That applies either way. I mean, that's... Mr. Rodriguez: So, what we're doing is to make sure that it can be done, we — ` have created a process by which when that approach is followed, it will have to come before you in a hearing and you make a decision to make sure that it will be properly in the record. Mayor Suarez: I understand., but when it's desirable to permit the development right to the transfer relocation, right? You have two locations... 64 January 25, 1990 k } Mr. Rodriguez: Right. Mayor Suarez: ...the transferrer location and the transferee location. Mr. Rodriguez: Right. Mayor Suarez: When it's desirable to permit the additional development in they transferee location... Mr. Rodriguez: Right. Mayor Suarez: ...right? You've determined that, otherwise you can't, you know, it's in accordance with the comprehensive master plan, etcetera. Why must you surrender any development rights in the transferrer location? I don't understand why you have to do that. Mr. Rodriguez: Because the transferrer location was based on a total amount - was part of the total assumption of the growth... Mayor Suarez: Of the area. Mr. Rodriguez: ...that the area could take. Mayor Suarez: So you're assuming that there's some constraint that you can have the development rights in both. Mr. Rodriguez: Right. Mayor Suarez: And then you're saying if you can go - if that exists, then you go f rom here to here. Where does that constraint take place? I mean, with central business district and we've gone through this today once again, all of us are saying, increase density, don't constraint too much, always within, of course, the DRIB, where we have a DRI and always within the constraints of the growth management legislation. Mr. Rodriguez: We're in full agreement with you. Mayor Suarez: Right. Mr. Rodriguez: In central business district you don't have... Mayor Suarez: It doesn't make any sense. Mr. Rodriguez: You don't make any sense because... Mayor Suarez: Well, that's what people are telling me that they want it for. They're saying, "Well, for example, if Knight-Ridder has some development rights over by the Omni, we..." Mr. Rodriguez: But that is not the central business district. The CBD... Mayor Suarez: The Omni's no longer... where does it end going north? Mr. Rodriguez: The Omni is part of the DRI. Mayor Suarez: Right. Mr. Rodriguez: But it's not part of. the CDB zoning that is unlimited. Mayor Suarez: Where does it end going north? What is the central business... Mr. Rodriguez: It's SPI 6, I believe right. Mr. Olmedillo: Yes, SPI six. Mr. Rodriguez: OK, six. What it has limitations on it presently, has limitations on floor area ratio. The downtown have basically no limitations on floor area ratio. Mayor Suarez: How far does it go in a nurthward direction along Biscayne Boulevard? -the central business district, as we know it? 65 January 25, 1990 v Mr. Rodriguez: Hold on a second, let me get exactly... Commissioner Plummer: Seventeenth Street, wasn't it? Mayor Suarez: I thought it went pretty far up. Mr. Rodriguez: Up to 6th Street. Mr. Olmedillo: N.W. 6th. Mayor Suarez: OK. I don't know if I'm the only person here that believes that the central business district should extend to the Omni, but if the rest of us believe that, we'd better start giving you some instructions on doing that. Because otherwise, all of this transferable development rights is unnecessary. It's a complicated mechanism, it's going to make work for lawyers and architects and planners... Mr. Rodriguez: And Commissioners... Commissioner Plummer: Well, let me tell you where my concern is. Mayor Suarez: No, not Commissioners. We don't want to have to decide complicated things. If we can decide the things that people are concerned about... Mr. Rodriguez: No... Mayor Suarez: ...they're obviously here on something other than transferable development rights, right? Mr. Rodriguez: ghat I mean by that... _j Mayor Suarez: Is anyone here on TDPs? — p Mr. Rodriguez: You have some people... Mayor Suarez: Does anyone care about TDPs? Mr. Rodriguez: You have some people in the back. Mayor Suarez: TDRs? But you're the professional, legal and architectural community. Presumably, you want to be able to develop, right? Ms. Lynn Lewis: My name is Lynn Lewis. My address is 1101 Brickell Avenue. I'm here before you as a member of the board of directors of the Brickell Area Association, which is a neighborhood association which could use, in a yielding capacity, or in a receiving capacity transferable... Mayor Suarez: As transferrer or transferee? Ms. Lewis: Correct and under the text of the ordinance, as it is written. Mayor Suarez: Do you feel that you need in that area to be bound by a transfer or if we set those very same criteria for allowing the increase without having to lose anything in the transferrer location, wouldn't you think that that makes more sense? �1 Ms. Lewis: We think it is appropriate that there be a planning mechanism in the case of this ordinance, it's a major use special permit, which will govern ^: and check compliance with the neighborhood plan existing zoning and... Mayor Suarez: We would keep that in place. It would always, if we allow any increase of 25 percent I think is what the TDRs or whatever, we have to make sure it's in accordance with the comprehensive master plan. We always have to ti do that. Ms. Lewis: But not necessarily, Mayor, in the context of a major use special —_ permit. We believe that the transferrer lots should be able to receive an economic benefit. This ordinance has an... 66 January 25, 1990 Mayor Suarez: You want to start buying and selling transferable development rights so we have a whole new science and a whole new field of human compensatory endeavor. Ms. Lewis: We want to... Mayor Suarez: We could make money off of it, in other words. Ms. Lewis: The way this ordinance is written, Mayor, is that transferee lots _Y be they in Brickell Avenue or be they in Wynwood, can benefit the owner who has a property right, the market of which doesn't know... the market doesn't know that. And so that transferrer owner can sell some of his rights. The ordinance precludes him from disenfranchising his grandchildren because he can _ only transfer a finite sum. We think that that is beneficial to development Citywide, not necessarily limited to those areas that are very developed, like the Brickell area associations' areas. We think that the ordinance, though you're correct, complicated, spells out in detail what can be transferred and how it can be transferred in a way that the Commission has regulatory and supervisory control in addition to levels such as checking levels of service —i! and compliance with the neighborhood plan. Mayor Suarez: We have to do that anyhow. That is state law. It's a stupidly written state law, but it's in the books. Inartfully, I'm sorry, strike stupidly. Ms. Lewis: The law respectfully does not go to the detail to which the major use special permit application process does. Mayor Suarez: No, it's not as complex as this, you're right. It's inartful, but it's not as inartful as this. All right, you want it. Does anybody not want it? Commissioner Plummer: Well, my concern is in the area of the transfer property. Mayor Suarez: The one that gets the development right? Commissioner Plummer: No, the one that actually sells his rights to someone else. I am concerned about a rash of variances by future owners. Ms. Lewis: There is a limitation in with regard to that in the text of the ordinance. Mr. Olmedillo: No variance. Ms. Lewis: It precludes the... Mayor Suarez: For how long? Ms. Lewis: ...lot owner from coming in for a five year period. Commissioner Plummer: But after a five year period, they can come in. Mayor Suarez: She said five and went like this, meaning forever. Mr. Olmedillo: For as long as the transfer is valid unless the City, itself, changes the zoning on it. Commissioner Plummer: Well, why wouldn't the City say, hey, no variances once you make a transfer. _ Mr. Olmedillo: As long as the transfer is valid, they can make no variances on that particular issue if you sell... Commissioner Plummer: Well, I'm going to ask you, because you're proposing, at the same question that I asked Ms. Lewis. How does the City benefit? Mr. Olmedillo: The City benefits two ways. One way is that contributions in _ the fund so that development can be induced in other areas of the City which do not receive the impact of economic. i 67 January 25, 1990 S e Commissioner Plummer: But they're not going to pay us. Commissioner Alonso: Yes. _ Ms. Lewis: Yes, air. _ Commissioner Alonso: Yes. -g Mr. Olmedillo: Six, six... —=; Mr. Rodriguez: Six dollars and sixty-seven cents for a square foot. -- Commissioner Plummer: No, but - OK, that they'll get in some areas, not in all. Mr. Rodriguez: In any - no. Ms. Lewis: No, sir, the... Commissioner Alonso: Always... Commissioner Plummer: In any transfer. Mr. Olmedillo: Any transfer that brings development from a different zoning district. If it's within the same zoning district, it's... _ Commissioner Plummer: OK, but the City does not participate in the monies - that are paid from the transferee to the transferrer. Mr. Olmedillo: That's a private transaction. Mayor Suarez: We do get a small tax. What does that add up to? Just so, because J. L.'s line of questioning is very interesting here. What is that six sixty sum per square foot or whatever it was? What does it mean, in real money, what are we talking about? Suppose I have... Commissioner Plummer: How much are you transferring? Mr. Rodriguez: If you move one hundred thousand square feet from... Mayor Suarez: Give me an example - right. Mr. Rodriguez: It will be six hundred and sixty-seven thousand. Mayor Suarez: So we're charging a tax in effect, for that transfer, for that transaction. Mr. Rodriguez: That's a linkage. Mr. Olmedillor, It's the linkage type of fee that we have and it's... Commissioner Plummer: Where in the hell is there a 400,000 square feet that this only 25 percent of a hundred applies to? What are you talking about, the Omni? Mayor Suarez: Yes, don't give me a ridiculous example now, give me - what is a typical transfer that you might do here? Mr. Olmedillo: You can buy from any area, let's say you can buy from East Little Havana, if you wanted to, and transfer it to Brickell. Commissioner Plummer: So what, in effect, you're doing is making a pocket of overbuilding and a ghetto out of the rest. Ms. Lewis: No, sir. Mr. Olmedillo: Not overbuilding because we have to comply with the level of service rules. One, two there are certain constraints on the yielding property that if you sell 90 percent of the property then you must maintain that as open space, accessible and you must maintain it in perpetuity in good condition. 68 January 25, 1990 Commissioner Plummer: Yes, like the people are supposed to maintain private, undeveloped lots today that we have to send mowers in. Mr. Olmedillo: But this is by covenant, no the City has instruments by which we can enforce that condition. Commissioner Plummer: Hey, look, you know, I'm telling you, we're dealing in a new area, OK? And I don't know how many and the only reason that I am prone to maybe vote for it, is for two reasons. One, each application has to come before the Commission. Two, at the end of a year, if it's not doing what we think that it should, we can change it. So that's the only reason that I'm maybe thinking about voting for it. Mayor Suarez: You know, the only way which this would make any sense for me whatsoever is if there's a clear envelope of restrictions covering an area. Let's say, an umbrella DRI in place. And you have within that district, you're going to have a transfer so that neither one exceeds - so that with the transfer, you don't exceed what has already been approved in terms of, you know, the credits that we have for so many commercial square feet of space versus residential, etcetera, etcetera. It would make some sense, in that context. Ms. Lewis: Well, Mayor, that might be fine were there a series of DRI orders in place Citywide. Mayor Suarez: Right. Ms. Lewis: But what• one encounters now is the downtown DRI, which encompasses the number of... Mayor Suarez: Right, tell me about the downtown DRI. Why would this be helpful to whatever you want to do downtown? Ms. Lewis: It would be helpful to what developers and the City would... Mayor Suarez: Other than as a linkage ordinance which I would design by saying simply, if you want to increase your FAR by X amount, pay us X amount. We'll take the six sixty-seven per square foot and we'll take some other formula. Ms. Lewis: If you will bear with me for just a minute. Mayor Suarez: How does it apply to downtown? That's exactly what I want to know. Ms. Lewis: Well, use downtown as an example. Mayor Suarez: Right. Ms. Lewis: From the special public interest district in the Omni area transferring floor area ratios for residential or for commercial purposes... ► Mayor Suarez: To downtown. Ms. Lewis: The market won't demand it. They don't need it in the CBD. But, j let's say, it wished to be transferred... _ Mayor Suarez: Well, that was the example you were about to give me, downtown, I was very interested because I didn't see how it could possibly apply to downtown. Try another one then. Ms. Lewis: I was going to move it from Omni to Brickell, to SPI-5. Mayor Suarez: To Brickell. i j Ms. Lewis: OK? And currently, that would not be permissible under the existing zoning ordinance, nor is it permissible under the... r Mayor Suarez: So we're going to encourage, in that situation, assuming that your hypothetical makes any sense at all. What would, otherwise, be a s development ability in the Omni area to instead be in Brickell. Why would we want to do that? 69 January 25, 1990 Ms. Lewis: No, sir, it would be subject... Mayor Suarez: You went to encourage development in the Omni area, not in Brickell. Ms. Lewis: OK, but it would first of all - let me correct you to tell you it would be subject to the applicable land use restrictions in the transferee area in Brickell. Mayor Suarez: Oh, we certainly know that, that's why I don't think this whole scheme makes any sense. If you want to increase your density by 25 percent or, I guess, your parking, right? That's the other one? -it's density, parking, what's the third one? Mr. Olmedillo: Dwelling units. Mayor Suarez: Or dwelling units. And you want to do it in an area that it is within the comprehensive master plan, why didn't you just come and ask us for it? We'll vote for it. I'll voto for it. Commissioner Plummer: No, no, no. Better than that, why don't we collect the money... Mayor Suarez: Yes. Commissioner Plummer: ...and not have the private sector make the money out of it, let the City make the money? Ms. Lewis: What's wrong with letting the private sector make some money? Mayor Suarez: Why do we allow some person to sell development rights, make money, and all we get is $6.67 per square foot? Why don't we just, that sum amount, as a linkage ordinance is supposed to work and we get the money? .lust like J. L. was saying? Ms. Lewis: This ordinance does provide that you get money. It also returns to the owner of the D developed lot. Mayor Suarez: Right. Ms. Lewis: The opportunity to make some return on his lot, that the market doesn't address. Commissioner Plummer: lie's not entitled to that, Lynn. Mayor Suarez: Why should he get any return on something that is artificial? There was something that we imposed probably, unwisely, at some point, as far as I can tell. Ms. Lewis: You have an existing transfer of development rights ordinance, which has been under utilized. It does not presently provide for any economic return to the City. Mayor Suarez: So let's get rid of it. �s j Ms. Lewis: And what we are suggesting, our organization, others, and planning department, are suggesting is that there can be an economic return to the City for facilitating... Mayor Suarez: Do you not believe that if you come to us - is that the problem? -that if you come to us without this silly complex ordinance and ask us for an increase in the areas that make sense to increase density, that we'll give it to you? Do you not believe that? Ms. Lewis: There is no precedent for you doing that other than your assurance. Commissioner Plummer: You don't read the Miami Herald. Mayor Suarez: We've been saying it all morning in another case, the case of Alandco, where they had four attorneys for Florida Power & Light. This in a 70 January 25, 190 j subsidiary. I want all the people who are here to know this, this is a subsidiary of Florida Power & Light. They had four high paid attorneys here to convince us to increase density in an area that we are disposed to increase it anyhow, right by the river. And, instead, they're paying four attorneys to -_ =a convince us to do something that is logical and then they're going to put that =_ in your power bill. Why are we creating these markets that are artificial by A making our zoning code more complex when we, that are sitting up here are ,a telling you that we can barely deal with the existing zoning code. Ms. Lewis: Mayor... Mayor Suarez: Why isn't anybody listening to what we're saying? The business _ community - unless you don't believe that we're going to give you these - variances - if whatever you call them, increases in development rights. We'll give them to you in the central business district. We'll give them to you in — Brickell. We'll certainly give them to you in the Omni area. In Brickell we have to watch our, you know, about traffic and resi... Ms. Lewis: The only response that I would suggest to what you just said, Mayor, is that that does not take into consideration the potential transferrer lots. I'll take you're point that Brickell and Omni in this... Mayor Suarez: I don't want give any benefits to somebody who has land in some area that we're not going to develop and that the only way I can create an incentive for them to develop it, is to give them money, such as we have done in the Overtown/Park West area. That didn't happen because the planners planned it. That didn't happen because of Herb Bailey, as much as I appreciate it or Sergio Rodriguez, as much as I like him. That happened because we put forty million dollars - I think forty-two million dollars of subsidy and it's still marginally profitable. We're not sure people are going to rent in Overtown/Park West. Ms. Lewis: This ordinance puts months.... Mayor Suarez: I'm not voting for it. I'm sorry, you're not going to convince me. I've gone through this before. I think you don't believe us that we'll give you this without having to pay for it. And if they draft a linkage ordinance that says, you come in here and ask us for an FAR increase in an area that I will give to you anyhow, and you pay us some percentage of that, as J. L. is saying so you don't have to pay the transferrer property, you just pay us so we can use it for affordable housing for our citizens, I'il go along with it, and I'll support it. Otherwise, all you're doing is making the zoning code that much more complex and we've got one Commissioner who is still in the Far East, who was sitting here who would vote against it automatically, Miller Dawkins, simply because of the complexity of it and he's right to vote against it. We cannot, as elected officials, be expected to apply something that the citizens don't understand and that we don't understand. We're failing our obligation as elected officials. We've been telling this to our planning department since I was elected in 1985 and these people are probably here for something that has to do with the neighborhoods, I bet. They're not here about - I almost said the word - downtown or Brickell or the Omni. This is one area where we all agree, folks, we agree that we want to protect your neighborhoods and we agree that we want to let them, the developers and the lawyers and the architects and the realtors, develop downtown and Brickell and the Omni. So why can't we do it in a simple way? Why do we have to listen to the planners who will just confuse all of this and make more money for the lawyers and all the other people. That doesn't make any sense and I'm sorry, I'm not going to vote for it. Mr. Rodriguez: I think you don't like it. Mayor Suarez: And I've studied it and I've studied it a lot and I've studied the growth management legislation. I may be the only public official, with the possible exception of the Mayor of Orlando, who understands it, Bill Fredrick. And that doesn't make any sense. So I don't totally understand it, I mean, I understand what they were trying to do. Mr. Olmedillot Mr. Mayor, if I may continue then. That, it's a... Mayor Suarez: You don't have to because I'm not going to vote for it and you only got three up here unless you want a denial. So on to whatever the next item is. Whatever these folks are here for, I'm sure they're here for something important. 71 January 25, 1990 Commissioner Alonso: No, no, just a minute. I want... Mr. Rodriguez: We haven't finished our presentation. Commissioner Alonso: I don't want them to... Mayor Suarez: I'm sorry? Mr. Rodriguez: We were going through the presentation and then... Mayor Suarez: Right, so I mean, but on transferable development rights, you haven't convinced me, you're not going to convince me. It doesn't make any sense and I'm not going to make more work for attorneys and architects. And, unless you get another vote, maybe Victor will vote for it, Commissioner be Yurre. Commissioner Alonso: I want to talk about R-3... Mr. Olmedillo: If you'll allow me, what I would propose to you, just to keep it generally and then go to the specific, is that I have... Commissioner Alonso: Yes, and then I go back to this one. Mr. Olmedillo: ...we have, that's generally what the ordinance is trying to do. Nov, we have a list of concerns which were addressed, concerns expressed to us by the coalition and as a result of that and as result of the PAB recommendation to you, I've handed to you printout on a blue sheet and the underlined portion is something that PAB asked us to submit to you as their recommendation specific and on a specific issue. Commissioner Plummer: Let me ask you a question. How the hell do you think we're going to understand all of this, you hand it to us at the day of the meeting? Mr. 01medillo: This was... Commissioner Plummer: You're talking about drag lines, Christmas trees, car washes, helistops... Mr. Olmedillo: No, no, no,no... Mr. Rodriguez: No, no, no, no... Mr. Olmedillo: No, Commissioner, you're looking... Commissioner Plummer: Don't tell me no, no, no, I read the English language. Mr. Olmedillo: No, the underlined portion only, the... Mr. Rodriguez: The only amendment that the Planning Advisory Board changed to the whole ordinance is what is underlined in the handout that you have. Commissioner Plummer: You don't say that. Mr. Rodriguez: That's what he just told you. Commissioner Plummer: Why did you put all the rest of this garbage in here? Mr. Rodriguez: So you know where it belongs. You don't want that by itself without knowing what portion of the ordinance it was added. It's on page. 176 of the ordinance. Mayor Suarez: What you're looking at looks like it deals with helistops, the new provisions, right? Mr. Olmedillo: Yes, right. Mr. Rodriguez: That's what they added. Commissioner Plummer: Because that's underlined. 72 January 25, 1990 61 Mr. Rodriguez: That's what they added. Mr. Olmedillo: Yes, but that's the only portion that you look... Mayor Suarez: Is anybody here on helistops? Is there a single person here that's interested in helistops? Do you know what a helistop is? I sure don't. Commissioner Plummer: That's once... Mayor Suarez: All right, next item. Commissioner Plummer: That's one step before heaven if you don't go to heaven, you go to helisport. Mr. Olmedillo: I'm just submitting, for the record, that the PAB asked us to include in their recommendation to you, the helistop conditions. Mayor Suarez: I'm really curious as to why the neighbors are here. They must be here on something important. Commissioner Alonso: We know, we know why they are here. Mayor Suarez: OK, I'd like to know. Commissioner Plummer: Wait a minute, let me ask about the helisport. Mayor Suarez: You still care about the helistops? Commissioner Plummer: Are the heliport, all of them, here have to come before the City Commission for approval? Mr. Olmedillo: No... Commissioner Plummer: No? Mr. Olmedillo: ...it's a public hearing, but not to the City Commission. It may be appealed. Commissioner Plummer: Then I won't vote for that. Mayor Suarez: Before whom, Guillermo? Mr. Olmedillo: The Zoning Board, but it may be appealed to you. Commissioner Plummer: No, here. Mayor Suarez: Make it an automatic appeal that it's finally decided by the City Commission and he's satisfied. And you solve the whole problem. Why don't you guys listen to the Commission? Commissioner Plummer: Because if not, nett door we'll put one in and then I got to suffer for it. Mr. Olmedillo: City Commission.... Mayor Suarez: And we might not hear about it and somebody might not appeal and all of a sudden we got a helicopter right next to our home. Mr, Rodriguez: So that's one of the amendments that you're proposing tonight. Mayor Suarez: Yes. And it's an amendment that... Commissioner Plummer: No, no, not deny .hat it has to be a Commission action, approval. Mr. Rodriguez: I know, I'm saying that this is one of the amendments on the zoning ordinance that has been proposed to you as amended by the Planning Advisory Board that you're telling us tonight to amend the PAB proposal to Include having to come before the City Commission. So we record that. When you vote on that, we take care of that. Simple. 73 January 25, 1990 Mayor Suarez: OR, What else are we doing? Mr. Olmedillo: If you want, we have... Mayor Suarez: You are going to get, sooner or later, to what they're here for, aren't you? Mr. Olmedillo: Yea, yes. Mayor Suarez: What are they here for? Mr. Olmedillo: Well, we have the atlas, also, which is the mapping of all the districts... Mayor Suarez: That reflects whatever changes we're making, that's not controversial.. Commissioner Plummer: Are all of these people here for what portion? Mr. Rodriguez: That's what they're here for. Commissioner Plummer: For what portion? Mayor Suarez: OK, what specific portion of the entire atlas? Don't tell me about the atlas, I know there's always an atlas that goes with the zoning. Commissioner Alonso: Twenty-second Terrace, they live in 22nd Terrace. (Applause) Mayor Suarez: OK, do we have an organized leader of the gang here that... UNIDENTIFIED SPEAKER: That's very important... Mayor Suarez: Yes. Mr. Don Deresz: Mr. Mayor, County Commissioners, my name is Don Deresz, I live at... Commissioner Plummer: County Commissioners? Mr. Deresz: City Commissioners. Commissioner Alonso: Please! Commissioner Plummer: Get him sworn in. Mr. Deresz: Id did this at 4:30 this afternoon, I'm sorry. City Commissioners. My name is Don Deresz... Mayor Suarez: Yes, you do have... Commissioner Plummer: Have you been sworn in? Mayor Suarez: By the way, you do have to be sworn in. This is somewhat... Mr. Deresz: No. Commissioner Plummer: So when you don't tell us the truth, we put you in jail. Mr. Deresz: Thank you. Commissioner Plummer: But you'll be in good company with all the Sweetwater Commissioners. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Deresz: Mr. Mayor, and City Commissioners. My name is Don Deresz, 1852 S.W. 24th Street. I'm president, this year, of the Silverbluff Homeowners Association, which includes the new Shenandoah area. First of all, I do want 74. January 25, 1990 to thank the Planning Department for their very professional and efficient ,job that they've done in this entire process of creating the new zoning ordinance. _ However... - Mayor Suarez: You brought a smile to his fare. After all this grief we're giving him... right. Mr. Deresz: They have done a marvelous job, they really have. Always polite... Mayor Suarez: You know, they're very good when they do what we ask them to do. When they go off on these other things, tangents - go ahead. Commissioner Plummer: Unfortunately, that's not very often. Mr. Deresz: Our neighborhood is a quiet one consisting of homes owned... Mayor Suarez: What is the title of the association? Mr. Deresz: Silverbluff Homeowners Association. Our neighborhood consists of _ homes that are owned by hardworking people, some are retired Miami citizens. And the people here are proud of our homes, remodeling and improvements are in a state of constant activity initiated by the homeowners. This is a stable neighborhood, not one in transition. The Silverbluff Homeowners Association do recognize the need by the commercial interests for the SD--12 buffer overlay district concept. And... Mayor Suarez: SP-4 buffer overlay concept, is what you said? Mr. Deresz: SD-12... Mayor Suarez: SB-12... Commissioner Alonso: No, SD, D like in day. Mr. Deresz: SD, like in dog. Mayor Suarez: SD - it sounds like an oil additive. Mr. Deresz: Special - sorry. Mayor Suarez: SD-12? What is it, please, somebody tell me? Mr. Deresz: Too many workshops. Mayor Suarez: I'm trying to understand this and I'm a lawyer and I have some idea what the heck we're talking about. But not a heck of a... what is he saying, Sergio? SD, what? Mr. Rodriguez: SD, as in David, 12. A special district number 12. Mayor Suarez: And, no, no, he also had overlay in there. Mr. Rodriguez: Overlay district, they understand, you know. We have been working with that on this. It's an overlay district. Mayor Suarez: Pursuant to our instructions to simplify the code, have come up with an SD-12 buffer overlay district. Mr. Rodriguez: You asked us to look for a solution. Mayor Suarez: We said, come up with R-1, R-2 and R-3 Mr. Rodriguez: If I may finish... Mayor Suarez: ...meaning residential, low density, middle density, high density. C-1, C-2, C-3, 0-1 office, you know, B-1, business, that kind of stuff. Mr. Rodriguez: Right. And then you asked us... 75 January 25, 1990 Mayor Suarez: And you came up with an S-12 BD overlay, whatever, whatever, whatever... all right, you're against it? Mr. Rodriguez: No. Mr. Deresz: Can I... Mr. Rodriguez: May I finish your question, Mr. Mayor? Mayor Suarez: No, you've already answered my question. You didn't do it the way we wanted you to do it. We wanted something simple. Mr. Rodriguez: You asked us also to do a buffer district to deal with the issue of transitional. You gave us specific instruction and this is what we propose. Mayor Suarez: OR, what street is the one that was being proposed to transition from? Mr. Deresz: Well, there's several. The one that we're concerned about... Mayor Suarez: That's what I mean, yes. Mr. Deresz: ...is S.W. 22nd Terrace. Mayor Suarez: I wasn't thinking of S.W. 22nd Terrace when I was thinking of transitional zoning. I don't know if any other Commissioner was, i was thinking of S.W. 8th Street and Flagler maybe and maybe, let's see, maybe Biscayne Boulevard, I suppose. Major commercial arteries, not S.W. 22nd - behind Coral Way. Commissioner Plummer: Mr. Mayor... Commissioner Alonso: But remember, they are behind, they... Mayor, they are behind Coral Way. Mayor Suarez: I wasn't thinking of Coral Way. (Applause) Commissioner Plunner: No, no, this came up... Mayor Suarez: We changed - I want you folks to know - we asked for them to change that because Commissioner Plummer, I think, was the one that realized that every week we had an application from somebody behind Coral Way. So, a year ago, one of us said, why do we have this every week? Why don't we, instead, eliminate transitional zoning? Then a bunch of people from other parts of the City came in a said, well, wait a minute, it makes sense in our neighborhoods and we said, OR, now what do we do? Send it back to these guys and now they come back and they still have Coral Way in there? Mr. Deresz: Well, S.W. 22nd Terrace, yes, Coral Way. Mayor Suarez: Yes, Coral Way, transitioning to the neighborhoods... Mr. Robert Richardson: Mr. Mayor, how many of these people back up to that? Mayor Suarez: I don't know. If they're not... Mr. Richardson: On the north side of 22nd, there is very few. Commissioner Plummer: Well, I still don't understand what we're doing here. Mayor Suarez: You're in favor of maintaining transitional uses back there? Mr. Richardson: Nobody questioned me about it. Mr. Deresz: Are you in favor, sir, or against? Mr. Richardson: My name is Richardson... 76 January 25, 1990 Mayor Suarez: Well, why don't you come up to the mike? I mean, if we all agree, what I'm trying to figure out is if we all agree, sir. Mr. Richardson: I'm all for changing. We should have had what -- years ago we had a... Mayor Suarez; All right, I need you on the mike. We're going to hear from you. Maybe you don't agree with the rest of the group. OK? But you can't do it from there. You're going to have to get up to the milce, all right? Mr. Deresz: Well, should I go on? I mean, basically... Mayor Suarez: Well, in my case, you don't have to convince me. Mr. Deresz: OK, well, let me state a couple of other points. See, we're for the concept because the Commission already stated, I guess a year ago or something like that, that there was a need. Mayor Suarez: Not on Coral Way. Mr. Deresz: But we didn't think there was a need on S.W. 22nd Terrace. rurthermore, the increase in allowances for commercial building intruding upon the residential lots, it's more than just for parking. It's also to increase building into the residential area. We're merely create an increase, an additional need for parking. So, ultimately, you're back in the same boat again because you've got to find more parking, if they create more building. e We don't want the proposed buffer overlay districts in our neighborhood. Another reason not to want these is Coral Way, as you know, is an historic and scenic corridor and if you increase the allowance for commercial building in the areas I mentioned, you'll also increase the traffic on Coral Way and create a negative an unwanted impact. Also, while I'm here, I'd also like to ask that the property, which is two lots at 2000 S.W. 24th Street, which was bought by the City as an urban park, be rezoned as a park on the proposed atlas. Thank you. Mayor Suarez: Thank you. Does anyone wish to express an opposing view, air? Would you come up to the mike? He's got a right to express a view even if he doesn't live there. Give us your name and address, please. You can... Mr. Richardson: My name is Robert Richardson, I live at 2123 S.W. 22nd Terrace for 34 years. And I back up to that property. It's been slowly changing, there's some in there duplex and some triplexes in there snuck in. Now, either we get it zoned right or, we go with what you got. But somebody's not enforcing it. Mayor Suarez: Suppose we stay with what we've got and we try to enforce it a little better. Would you go along with that? Mr. Richardson: Well, I don't know, but something should be done. We had a buffer years ago between business and we had apartment zoning and then we went into residential. I don't know whatever happened to that law because I built for 34 years here in this County and I never heard that they'd changed it. Thank you. Mayor Suarez: Thank you. Yes, sir. Mr. Jan Griffin: I'm Mr. Jan Griffin, I'm a realtor and I think... Commissioner Plummer: Have you been sworn in, sir? Mayor Suarez: Why don't we swear anybody who's going to testify or who anticipates testifying on this, would you please raise your hand and be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Griffin: Jan Griffin, I'm a realtor, I'm active along Coral Way. I generally think that the SD-12 proposal is a good one. It, in no way, guarantees or paves the way for commercial development. All it does is give a potential flexibility, it would still require the Commission ultimately, to make the decision. It would require a hearing. And there are many 77 January 25, 1990 situations - you've got a hodgepodge along Coral Way where you already have lots in the rear being used, mostly for parking, and I think that's a,.. excuse me... Mayor Suarez: Please, please, you had your chance to speak. Let him complete what he's saying. Mr. Griffin: If you'll drive in that area two or three blocks inland on both sides of Coral Way, you'll see the cars are being parked on street and just decimate the neighborhood. It might be a good vehicle to solve a parking problem that is severe along specific areas that are intensely developed along Coral Way. I'm not saying to allow commercial building, but, maybe, for parking it may alleviate the problem that some of the homeowners are having. So, generally, I support it and I think it's a good idea and I don't think you lose control of the ultimate process of making the final decision. The homeowners will certainly have their right to appear at that hearing. Thank you. Mayor Suarez: Yes, from our perspective, I do want to tell you that it means hearing that many more cases and we really are trying to hold the line on commercial encroachment. Mr. Randy Simpson: Do you want to swear me in7 I announce my name first? I'm Randy Simpson, I live at 2653 S.W. 23rd Street. No, but I will this time. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Simpson: So help me God. Mayor Suarez: By telling us that you hadn't been sworn in, you're already showing yourself to be so truthful, we almost don't have to swear you in. But go ahead. Mr. Simpson: Thank you. Well, I am also a realtor and I happen to own several properties in the neighborhood and there are several concepts that need to be made clear. When you have what we are considering here as transitional zoning, which is basically what it boils down to and we talk about parking, we first look at the example of the area that is immediately west of 27th Avenue where those properties along Coral Way have been allowed, on 22nd Terrace, to use that residential portions on the north side of 22nd Terrace as transitional parking and supposedly, to be maintained as such. They are an eyesore, they maintain them as an eyesore, the properties on the south side of 22nd Terrace remain looking upon those properties as a negative impact. If you have a stop gap across the street from residential property, the ones that are going to suffer are the ones on the immediate south side. The thing to do, when it comes to discussing parking and development, is to require people who decide to develop Coral Way to provide adequate parking in the initial process of the building. (Applause) Mr. Simpson: Good. What has happened, our neighborhood is tremendously being impacted presently by buildings that don't have adequate parking. In fact, _ the neighborhood would like to see the Commission ultimately close the neighborhood off to people from Coral Way and people from east/west traffic in general and prohibit parking for daytime people in our residential neighborhood. We come home in the afternoon and we can never even get into our own driveways because people are parking there. Well, that's,...... Mayor Suarez: Does anyone here, other than the speakers that we've heard from, in favor of the overlay district that we're referring to? Please, sir. Do you want to come up to the mike and... Ms. Sonia Tres Palacios: OK, my name is Sonia Tres Palacios. My parents have lived there since 1968. Mayor Suarez: What address? _ Ms. Palacios: 2453 S.W. 22nd Terrace. OK, there is also a back alley in between Coral Way and 22nd Terrace. So there's a lot of traffic in the back Fi alley, plus the traffic that goes through 22nd Terrace, the parking, and I 78 January 25, 1990 think it should be changed to make better parking and whatever, for their businesses. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Sheila Anderson: My name is Sheila Anderson... Mayor Suarez: I thought you were Sheila, go ahead. Ms. Anderson: Welcome back. I hope you had a good trip. I'm with Ross and Associates. I'm also... Mayor Suarez: Please, please... Ms. Anderson: ...I'm also with the builders association of South Florida. Mayor Suarez: And you were sworn in, right? Ms. Anderson: Yes. Mayor Suarez: Oh, you wouldn't tell a lie anyhow, so it doesn't matter. Ms. Anderson: Well, I am sworn in, I'm also registered as a lobbyist for the builders association so I could speak on their behalf today. As a realtor, my understanding of the buffer districts and the reason I'm in favor of them is exactly the problem of parking. If you plan a commercial building on any of the existing lots in the City, the lots are just not big enough to allow parking to get off the street. And it was my understanding of the district, in concept, was that it would just provide a larger piece of land on which to plan a building, get the cars off the street and allow... Mayor Suarez: Couldn't we provide that by saying that on the principal lot, the one right next to the main boulevard, let's say, Coral Way, in this case, on that lot, you have to provide more parking and more buffer than you already do. We could pass an ordinance that said that. Ms. Anderson: Yes... Mayor Suarez: Would the association be in favor of that? Ms. Anderson: I don't see a problem with that except that if your lot is this big and the building covers a substantial part of it... Mayor Suarez: You'd be... right. Ms. Anderson: ...you don't have room for the cars. Mayor Suarez: Or, we could increase the PAR. Ms. Anderson: That only makes the building bigger. Then you need more parking spaces than what this really seems to address, as I understand it, is to allow more room to get cars off the street. Mayor Suarez: All right, so you would be in favor if we took the alternative route of taking the lot that is adjacent. to Coral Way and saying, on there, you must provide buffer and parking and everything else. Ms. Anderson: If it's big enough and I think the problem is, and... Mayor Suarez: And if not, you just can't build as much. Ms. Anderson: But all of the City seems not to be big enough, is the problem. And that's why there's parking all over. Mayor Suarez: Then, you put a nice house on it. Ms. Anderson: OK. Mayor Suarez: Nice little single family home. (Applause) 79 January 25, 1990 Ms. Anderson: Where in the City are all of the people who live in these nice houses going to get their container of milk or going to go to a dry cleaner or going to get prescriptions filled if we don't have a store for them and the parking? Mayor Suarez: At the Farm Store on Coral Way, that's where you get it. Ms. Anderson: But where is the Farm Store going to get the parking probably is where we are, Mayor. Mayor Suarez: They haven't come here asking for more parking. Commissioner Plummer: If you go to the Farm Store on... Mayor Suarez: In fact, a lot of those you drive through... Commissioner De Yurre: You don't need parking. Mayor Suarez: That's right. Commissioner Plummer: I'll tell you, if you go to the Farm Store on Coral Way, you'd better adequately protect yourself. Ms. Anderson: While I have the microphone, then I'll sit down and be quiet for the rest of the this session, the builders association thinks, in general, this ordinance is a superb improvement of 9500 for all of the reasons Guillermo explained. Mayor Suarez: And is offering to pay the salaries of Sergio and Guillermo and the whole staff, right? Ms. Anderson: I can afford them, Mayor. And the Commissioners' salaries. The rest of the people, I think, are vastly underpaid for the dedication that they've put in. Mayor Suarez: But really, the overall ordinance is an improvement? Ms. Anderson: The overall ordinance - I've read ordinances around the state and a lot of cities, and I can understand every section of this ordinance. 9500 was confusing in a lot of parts. Mayor Suarez: You know how.our prior one came into effect? Somebody had the brilliant idea - probably over Plummer's objection because it was many years ago - of changing the ordinance from the old simple ordinance to a whole new ordinance and they paid, if I remember the figure correctly, three hundred or three hundred and fifty thousand dollars to some experts who promptly went and copied classifications taken out of the HUD regulations and came back with this incredible complex, unintelligible, messy ordinance that we're trying to correct today. Ms. Anderson: I think if you took... Mayor Suarez: That's a true story. Ms. Anderson: ...everything that is written just the way it is written now and adopt it, that you'd find it works better for the City as a whole and then if you went back to the atlas and judged each specific piece of property individually as there may be some specific problems, that you will have a better document and certainly a better City. Mayor Suarez: Very good. Anyone else in favor of that particular overlay district? Commissioner Plummer: What do you mean, in favor, now? Let me understand. Mayor Suarez: Of the SA-12.... Commissioner Plummer: As it is proposed to us here today. Mayor Suarez: SBE... Mr. Rodriguez: No D, as in David. 80 January 25, 1990 0 Ll Commissioner Plummer: Does it establish a buffer or it does not? Mr. Rodriguez: You have two different actions. You have the ordinance, which is a text, that established the buffer district and then you have the atlas application. Some of these people which are here today are objecting to the application in the atlas in a particular area of the City. Mayor Suarez: Coral 'Way, basically. Mr. Rodriguez: In Coral Way, in part of Coral Way. You don't have that problem apparently as far as we know in other areas. Commissioner Plummer: Well, as you know, I am - and brought before this Commission before - I am totally opposed to transitional uses. Now, does this allow a transitional use, as such? Mr. Rodriguez: This address the issue that originally brought transitional, use because what it would allow basically... Commissioner Plummer: Does this... Mr. Rodriguez: No. Commissioner Plummer: ...allow the transitional use or a concept of the transitional use? Mr. Olmedillo: May I expand on that, Commissioner? Mr. Rodriguez: We have to explain... Commissioner Plummer: Well, you two get together. Mr. Rodriguez: No, we have to explain. Commissioner Plummer: ...Sergio, this is... Commissioner Alonso: It's called buffer now. Mr. Olmedillo: Two things, two things. The one that we proposed allows. One is that you use it for parking under certain restrictions. You have no... Commissioner Plummer: The back lot. Mr. Olmedillo: Right, no access to the residential district. A wall, a 20 foot setback with a permanent covenant so that you provide maintenance for that area and it's supposed to be landscaped. Commissioner Plummer: And that district runs from where to where? Mr. Olmedillo: From property line to property line. Commissioner Plummer: No. From 12th Avenue to 37th Avenue... Mayor Suarez: No, the district, the district. Mr. Olmedillo: No, no, no. Mr. Rodriguez: No, no. Mr. Olmedillo: This is only on the specific areas. Mayor Suarez: Describe the boundaries of the district in rough terms, please. It's a very simple question answered. Commissioner Plummer: Oh, OK. Mr. Rodriguez: We have it throughout the whole City. Mayor Suarez: This particular one that we're talking about on Coral Way, off Coral Way. South of Coral Way, if you would. What Avenue to what Avenue, roughly, Guillermo? Obviously, it doesn't go all the way into downtown. 81 January 25, 1990 11 D= Mr. Olmedillo: No, no, it goes from about 17th westwardly. Mayor Suarez: To where? Mr. Olmedillo: To about twenty.... UNIDENTIFIED SPEAKER: Nineteenth Avenue, 19th Avenue... Mr. Rodriguez: Twenty-fifth, I think. Twenty-fifth. Mr. Olmedillo: About 27th. UNIDENTIFIED SPEAKER: ...to 24th Avenue. Mr. Olmedillo: But there are gaps on it. Mayor Suarez: Roughly 19th Avenue to 24th Avenue. UNIDENTIFIED SPEAKER: No, 25. Mr. Olmedillo: To about 27th. Mayor Suarez: To 25th Avenue. The area where everytime we contemplate a change of zoning, we get all the neighbors here who don't want their neighborhood encroached on and we have to go through all... (Applause) Mayor Suarez: ...where Arsenio Milian livers, among others, and helped us incorporate a lot of these associations. For all I know, Tucker Gibbs, my future appointment to the Zoning hoard, you'll be happy to know. Why would we even... Anyhow, does any Commissioner really want to consider this? Commissioner Alonso: Yes, I'd like to make some comments. I think that maybe this approach will work for certain areas and we should address that as a solution to that area. What we are seeing here is very obvious, very clear, a neighborhood that does not want this. We should listen to what they are telling us, we should make the change, there is no problem in this in the changes we are doing. We can change this, not have it in this area, move along to some other areas that we can have it and it might be an effective tool, something that will resolve the problem of the neighborhood and that's how we have to work. We listen to the people of the area, we respond to their needs and we make the changes accordingly to their needs and I think that where we are seeing here, to me it's loud and clear. I think we have other issues that we can address that we need changes that we have to instruct you to go back and change it because I think it's wrong and you will come back to us and we'll give the answer. This is a very serious and major change in the City of Miami. And as such, it should be looked carefully addressing to the needs of the particular area, looking at the needs of everyone concerned. I feel very strongly, when it comes to certain areas of Coral Way behind Coral Way, that the situation is terrible. It might be that in that area, the neighbors feel it's best for them. Here, they feel very strongly. They don't want this. (Applause) Commissioner Alonso: So, let's get rid of it. Sure. Mr. Rodriguez: Commissioner, if you want to follow on that line of approach, what you will like to instruct today, if you want to pass a motion or something that on page 43 of the atlas, the SD-12 overlay district, which is shown adj acent to the area of Coral Way, be removed from the atlas and that will take care of your request. Commissioner Alonso: Yes, I think so, I will make that motion and also I'd like to say, according to what they have told me, there are no parking lots in that particular area they have mentioned to me. There are regular single - -= home. Why should we change that? Let it be as it is. They are happy with -_ what they have, let it be that way and if we have to address the problem in �2 the future time, we will be ready to do whatever is necessary and provide the - changes. So, let it be. Let's keep it this way, move to the other areas and - .f take it as is needed. - i 82 January 25, 1990 -4= (Applause) Commissioner Plummer: Second the motion. Hello? Commissioner Alonso: We are less a Mayor. We got him back. Mayor Suarez: I'll entertain a motion on this particular overlay district. Commissioner Plummer: She made it, I seconded it. Commissioner Alonso: But, listen, yes, I'm making a motion on this one. But = I'm not certain of what is and maybe the attorney will let us know, what approach do we take because, remember, I want to address this section of R-3. Also, I'd like to address other areas of the City. I'd like you to do a study in certain areas, for example, 36th Court, Northwest, and things like that. Mayor Suarez: Yes, and as to the ordinance before us, there may be overlay = districts that are intended to carry out what we used to call transitional zoning that we want to approve even today. I presume that there's no objections to them being on S.W. 8th Street and Flagler and some areas like that and I presume that you have some of those, don't you? A = Mr. Rodriguez: Right. _ Mayor Suarez: And we can certainly vote on those. I just want to take item - — by item... _ Mr. Rodriguez: I understood, yes... Mayor Suarez: ...approach here so that we can solve the problems of all the neighbors here on the Coral Way. Mr. Rodriguez: And there's in the motion of Commissioner Alonso to remove the - SD-12 overlay district from page 43 of the atlas. As it is, the area that is71 = adjacent to Coral Way. =� Mayor Suarez: The area is? 1 Mr. Rodriguez: Adjacent to Coral Way, from 19 Avenue all the way to 25th. _ Commissioner Plummer: So, there's no proposed changes then from 12th Avenue down to 19th Avenue? a - aMayor Suarez; Off Coral Way? Mr. Rodriguez: There is no - well, you are not addressing with this motion - anything else where we have to... Commissioner Plummer: But I'm asking, is there any proposed change for 12th Avenue down to 19th Avenue? Mayor Suarez: Off Coral Way. Commissioner Plummer: In the property behind? Mayor Suarez: What is that? Is that another overlay district? Mr. Olmedillo; The area where the Parkway Theater is. Commissioner Plummer: Well, that's a nonconforming use. Mr. Olmedillo: And what we have proposed to you is a buffer district in the northside which would be 21st, not 22nd Terrace, but 21st. Commissioner Plummer: No, I don't want that. Mr. Olmedillo: You don't want that? Commissioner Plummer: No. Eliminate it. Mr. Olmedillo: Fine. 83 January 25, 1990 Commissioner Plummer: Now - OK, let's go on down the street. Third Avenue, what do you have anything on 3rd Avenue? Mayor Suarez: No, no, she means the Coral Way part that is at 3rd Avenue, no, there's nothing there. Commissioner Plummer: OK. Mayor Suarez: Basically... Commissioner Alonsoa This is 22nd Street. -= Commissioner Plummer: I would hope you would amend the motion from 12th Avenue down to, I guess, the City limits. Mayor Suarez: Yes, to 37th, it looks like. Amended, so amended and so seconded. , Mr. Rodriguez: So I understand correctly... Commissioner Plummer: Both sides, of course. Mr. Rodriguez: ...your motion, Commissioner, you're proposing to remove the SA-12 all the way through in Coral Way, from 12th all the way to 37th... OK. Commissioner Plummer: From 12th Avenue to 37th, which is as far as Coral Way goes in the City of Miami. Mayor Suarez: Moved and seconded. It couldn't be simpler. Commissioner Alonso: Wait, wait, wait a second. Let me see, let me see... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Let me see, why are we addressing that area that it's not even included in what we have in front of us? Mayor Suarez: Which one is that you're talking about? Show her exactly what we're doing. Commissioner Alonso: What we have here in front of us is from 25th Avenue and we have it's, what? -18th Avenue? Commissioner Plummer: No, because they've got it included. Mayor Suarez: Because it's roughly the same thing, we're talking all the way. Commissioner Plummer: Here, see the problem is here, here, and here... Mr. Olmedillo: South and north... all the way Commissioner Plummer: But, I'm asking is that it be extended... Commissioner Alonso: Oh, I'm sorry. Commissioner Plummer: ...from 12th Avenue all the way to the City limits on both sides of the street. Mr. Rodriguez: Well, Commissioner Plummer... Mayor Suarez: You have, basically, residential areas on the north side, residential areas on the south side, and a main thoroughfare which has commercial zoning or business zoning or whatever you call it and we don't think that it should encroach beyond the lots that have that zoning. It's as simple as that. Very simple. (Applause) Mayor Suarez: OK, that's in the form of a motion and a second. You accept the modification? 84 January 25, 1990 _ Commissioner Alonso: No, no, no, I'm not sure I'm willing to go along with that because I'm not certain what it is in the area. I don't like to vote in a situation that I'm not certain what they have. It might be something that this people who live in this neighborhood are certain what they are talking about, about their neighborhood. But they might be addressing a problem and the reaction of support it might be because of the situation, they have what they need. But it might be that the people that are not present here that live in a different area, might feel completely different and I don't like to go just and say, yes, to something that it is not clear in my mind. Therefore, I make a motion for this area and I support it with all my heart. Mayor Suarez: Which would be west of twenty.... Commissioner Alonso: But in the others, I just can't because I'm not certain of what is happening. Mayor Suarez: OK, you're saying you'd like west of what? -west of 22nd Avenue, is that what you're... Commissioner Alonso: The area I'm addressing in page 43... Mr. Rodriguez: Page 43. Commissioner Alonso: I feel strongly about that. I make the motion and I support their position and I think it's the right way to go. Mayor Suarez: 17th to 27th is now back to being a motion so we can at least take care of that and then we can discuss the other. Commissioner Plummer: Fine, that's only... Commissioner Alonso: I might be in support of that if I take a look and I'm convinced that is the right thing to do, but not at this time. Mayor Suarez: Good. All right, we have a motion and a second, the area bounded roughly by 17th to 27th. I think we understand what it is. Call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-79 A MOTION MODIFYING THE PROPOSED NEW ZONING ORDINANCE FOR THE CITY OF MIAMI BY ELIMINATING THE SD-12 OVERLAY DISTRICT FROM S.W. 22 TERRACE BETWEEN 17TH AVENUE AND 27TH AVENUE IN ORDER TO PREVENT COMMERCIAL ENCROACHMENT IN THE RESIDENTIAL DISTRICT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins. Mayor Suarez: Now, on the area east of 17th, is there anyone that wishes to be heard in favor of maintaining the proposed overlay district? Commissioner Plummer: East of 17th? Mayor Suarez: Right, that's what is the rest of the area that we're talking about here. Commissioner Plummer: If you don't preserve it now, you're going to lose it. Mayor Suarez: For that matter, west of 27th Avenue to 37th. 85 January 25, 1990 Commissioner Plummer: Well, Mr. Mayor, 7'm saying no more encroachment from 12th Avenue to 37th Avenue. (Applause) Commissioner Alonso: What page is that? Mayor Suarez: Please. We have a pretty good idea of how most of you feel so if you don't clap, it helps us. UNIDENTIFIED SPEAKER: If I may, I think might answer some of your questions and some of your concerns. Mayor Suarez: Not unless you're in favor of it. Thank you. Sir, were you in favor? UNIDENTIFIED SPEAKER: In favor of what? Mayor Suarez: Of maintaining an overlay district in those areas? I mean... UNIDENTIFIED SPEAKER: Not unless you're going to do it all the way across Mayor Suarez: I'm heading in that direction to do it all the way across. Just doing it step by step so... UNIDENTIFIED SPEAKER: Mr. Mayor, you've got MacDonald's parking lot down there on 22nd Terrace. Commissioner Plummer: What is? UNIDENTIFIED SPEAKER: You got a MacDonald's. Comissioner Plummer: Sir, we can't do - we can't redo or legislate out what's already there. If it is there legally today, we can't legislate them out of business. We can make them a nonconforming use and if the day every comes that they vacate for six months and a day, they lose their grandfather clause. I'm saying, let's do what we can today to stop any further encroachment. And I'm saying that from 12th Avenue to 37th Avenue, on both - - sides of the street. My area of concern, among yours, is the Miracle Center. That is that area from 32 to 37th Avenue is going to be devastating. I'm telling you. Just to give you an example, at the Miracle Center today, as mammoth as that building is, you are only looking at one third of what is approved for that piece of property. There is approval for two thirds more than what is there today so what I'm trying to do by my motion, is to stop any encroachment from 12th Avenue to 37th Avenue on both sides of Coral Way. Mayor Suarez: Right. Ma'am. Please. Are you going to speak against what the Commissioner just said? Ms. Marilyn Ettlebloom: I just wanted to ask a question now. My name's Marilyn Ettlebloom and I live on the south side between 25th and 27th Avenue. Directly across the street from me, from 25th almost to 27th Avenue, the property was bought up by Mr. White and there was supposed to be, it was rezoned. We came here to fight against it, but we weren't successful. Mayor Suarez: The old Mr. White approach. Me. Ettlebloom: Yes, that's right. Commissioner Plummer: Well, it was rezoned, but that was only a part of it. Ms. Ettlebloom: OK, it's been... Commissioner Plummer: There was a lot of other factors. Ms. Ettlebloom: All right. They haven't done a thing in five years there. Mayor Suarez: OK, we've got an ordinance for that. See, we got an answer for everything. Didn't we just pass an ordinance recently that said, if somebody had a zoning variance, whatever, that they had to start building... 86 January 25, 1990 0 Commissioner Plummer: Eighteen months. Mayor Suarez: ...in accordance within a certain amount of time or it doesn't apply to aomething that happened five years ago? Mr. Rodriguez: No, it's not retroactive then. Mayor Suarez: Not retroactive. I guess we're afraid, if we try to make it retroactive, of getting sued as expost facto law which the Constitution specifically prohibits. Commissioner Plummer: Well, what is your question in reference to? Ms. Ettlebloom: What are they going to do with that property now? Commissioner Plummer: Ask the property owner. Mayor Suarez: This is the only time in my life I've ever thought about an expost facto law. Ms. Ettlebloom: Well, the only thing is, that Mr. White was - he claimed that he was in bankruptcy... Mayor Suarez: That's great. Ms. Ettlebloom: And they were taker over by the government and now we just this morning - it's strange, but just this morning, they came and cleaned off the lot across the street from me. _ Mayor Suarez: They knew you were going to come to speak here so... Ms. Ettlebloom: That's right. They knew I was coming. Mayor Suarez: They were ready for you. Commissioner Plummer: Hell, they're no dummies. Ms. Ettlebloom: I want to tell you something. The mice have been running over to my house and my cats been having a picnic. Mayor Suarez: They're watching you with binoculars, you know. Well, anyhow, there's nothing we can do about it. Ms. Ettlebloom: There's nothing that can be re... Mayor Suarez: Except to zone back the property and if you desire that, meet with staff and see if... Mr. Rodriguez: Or you can do, if you want to do that, Mr. Mayor, you can instruct us to study that particular site, particular area... Mayor Suarez: Could you do that? Mr. Rodriguez: ...and come back with a recommendation to the City Commission. You can actually do it today. Based on the atlas before you. Ms. Ettlebloom: Can't you rezone it? Mayor Suarez: You're really getting aggressive now, you want whsssst - wipe them out today, right? Without them being here or anything like that. Mr. Rodriguez: But, today is first reading. Commissioner Plummer: Yes, what about your damn cat? Mayor Suarez: You probably recommended in favor of it at the time. Ms. Ettlebloom: She's marvelous because she catches all the rats. Mayor Suarez: No, really, I don't think that would be due process. I think we can instruct you to study and come back with a recommendation. How's that? 87 January 25, 1990 N 0 Ms. Ettlebloom: OK. 1 Mayor Suarez: You didn't think you were going to get that much today because we're not here on that. Ms. Ettlebloom: I know, but when I hear what you're doing for the rest of them and I am left in the lurch... Mayor Suarez: That's right. So you're riding piggyback with the rest of the group. Ms. Ettlebloom: That's right. That's why I came here, to help them. Maybe that I could get some help too. Mayor Suarez: And then, you figure you try to get your little bit in too. Ms. Ettlebloom: That's right. You'd do the same thing, Mayor. Mayor Suarez: Bye, bye. We're going to study it - yes, we're going to study it and see, maybe we can do it. Ms. Ettlebloom: I hope so. My husband and I approached you a long time ago, but you said there was nothing could be done. We came to your office. Mayor Suarez: Well, we're getting more and more creative in downzoning here. We're going to get sued sooner or later for it, I suppose, but until we do... Commissioner Alonso: I was going to say that, we will end in court. Ms. Ettlebloom: Because they've ruined the neighborhood there. Mayor Suarez: OK... Ms. Ettlebloom: Thank you. Commissioner Plummer: Look at all of the pretty carpets the guys selling on the fence without an occupational license. Ms. Ettlebloom: That's right, isn't it gorgeous? Isn't that beautiful? Mayor Suarez: Yes, the rugs. Ms. Ettlebloom: That's beautiful. Mayor Suarez: You know, I don't even think they're very attractive, those rugs, but... Ms. Ettlebloom: No, they're not. Commissioner Plummer: What would any of us do during campaign time? Where would we put our political signs? You laugh, you just got elected. Mayor Suarez: Pass the word in the neighborhood that anybody that puts political signs there, you vote against. UNIDENTIFIED SPEAKER: I saw some of hers up there. Commissioner Plummer: Yes, I saw one of yours there. Mayor Suarez: Because they really mess up that neighborhood. All right, I'll entertain a motion on the area now east of 17th and west of 27th. Commissioner Plummer: No, no, no, I'm sorry. West of 12th Avenue to the City limits. Mayor Suarez; Yes, except that the prior motion only covers 17th to 27th, didn't it? Commissioner Alonso: Yes. Commissioner Plummer: That one, we've already voted on that. 88 January 25, 1990 ,5-- r r t, Commissioner Alonso: Yes. Mayor Suarez: I'm trying to cover the rest. Somebody give me the description to cover the rest so we can get out of here and I can go home and rest. - Commissioner Plummer: Twelfth Avenue west to the City limits. Mr. Rodriguez: On both sides of Coral Way. Commissioner. Plummer: Both sides of Coral Way. Mayor Suarez: Other than the area we already voted on, I suppose. Commissioner Plummer: Or - well, OK. Mr. Rodriguez: Yes, it's OK. Mayor Suarez: Or inclusive, doesn't matter. All right, I'll entertain a motion on that. That's a good way to define it. It's what they call a lesser included offense or something. Commissioner Plummer: I moved it, yes. Commissioner De Yurre: Second. Mayor Suarez: Moved and seconded. Any discussions If not, please call the roll very quickly. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-80 A MOTION MODIFYING THE PROPOSED NEW ZONING ORDINANCE FOR THE CITY OF MIAMI BY ELIMINATING THE SD-12 OVERLAY DISTRICT IN THE AREA ALONG BOTH SIDES OF CORAL WAY FROM 12TH AVENUE TO THE CITY LIMITS (37TH AVENUE) IN ORDER TO PREVENT COMMERCIAL ENCRO.:CHMENT IN THE RESIDENTIAL DISTRICT. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso ABSENT: Vice Mayor Miller Dawkins COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I vote no because as I said before, I have to look at the area as I'm not certain of what the situation in the different neighborhoods and I just don't like to vote just like that without full knowledge of what I'm doing. No. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: You'll have a chance to change on second, if you want. Mayor Suarez: OK, what other areas shall we consider? Mr. Deresz: Mr. Mayor, if I may, we also asked if, at this time, we could rezone those two lots that the City bought on 2000 S.W. 24th Avenue into a park. Mayor Suarez: The old property that was supposed to have been demolished and was never demolished and gave rise to a bunch of... 89 January 25, 1990 Mr. Deresz: Right, and there are plans in the works to... Mayor Suarez: ...neighborhood associations that are now driving us crazy. Commissioner Plummer: Is it City owned property now? Mr. Deresz: It is City owned property. Commissioner Plummer: I so move. Mayor Suarez: So moved. _ Commissioner Plummer: That it be changed to PR. Mayor Suarez: Can we just do that like that? 1 j Commissioner Plummer: Sure, ,you can. - Mr. Rodriguez: Zoned to what? Commissioner Plummer: PR. Public recreation. —_ Mr. Rodriguez: I think you can do it today, PR. - Commissioner Plummer: That's what I just made a motion. _ Commissioner Alonso: Second. Mayor Suarez: And I just asked if it can be done, Commissioner Plummer. Commissioner Alonso: Ia it legal? -yes? Mayor Suarez: Moved and seconded. -M Mr. Rodriguez: You might want to ask the... — Commissioner Alonso: Let's do it. Mr. Rodriguez: I would give you a legal opinion, and I shouldn't. Mayor Suarez: The Assistant City Manager and planning director is suggesting = - that we all to also get a legal opinion? Which is again what I asked. _ y Miriam Maer, Esq.: If the atlas was in front of the Planning Advisory Board �_ and was properly noticed to be considered by you today... Mayor Suarez: Was it? Ms. Maer: ...then I would say, yes, you can. Mayor Suarez: I am not paid to know those things, you are. OK, we have a motion and a second. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: _17i-I MOTION NO. 90-81 A MOTION MODIFYING THE PROPOSED NEW ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION ON THE TWO CITY -OWNED LOTS AT APPROXIMATELY S.W. 24 STREET AND 24 TERRACE BETWEEN 19 AND 21 AVENUES (GOLDEN ARMS) TO PR (PARKS AND RECREATION). Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 90 January 25, 1990 C AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins E Mayor Suarez: Now, did you ever think we were going to go back to a park there when we started all of this? That's pretty neat. All right. Commissioner Plismmer: Now, the neighborhood... (Applause) Commissioner Plummer: Now, I think the neighborhood has a responsibility, OK? We did what you asked and we bought the property. I think now the neighborhood needs to come together and put together a project to... Mayor Suarez: To adopt a park. Commissioner Plummer: ...beautify and to make that into a park area that's your responsibility. Bring us a plan. Mr. Deresz: Yes, sir, we've taken up the challenge. Mayor Suarez: And there are some landscaping companies that are doing a lot of business with the City. You might want to talk to some of them. One, in particular, that comes to mind that did all this work around here... Commissioner Alonso: Yes. Mayor Suarez: ...is Ricardo Recio, R-E-C-I-O. Talk to Mr. Recio about some donations. Commissioner Alonso: Indeed, and it might be a very good gesture from that company to come and do something in the neighborhood of Miami that really needs the help and I'm making a suggestion that perhaps in a good gesture to Miami, they'll do it, so we will have a beautiful park in that area. Mr. Deresz: The Parks Department has already met with members of the homeowners association and we hoped and we're talking about snaking that particular area a zxeroscaped showcase. Zxeroscape is the in vogue way to... Mayor Suarez: A what? Mr. Deresz: Zxeroscape. Mr. Rodriguez: Zxeroscape. Landscaping without water. Mr. Deresz: That's a way of using plants that don't use a lot of water. Mayor Suarez: How do you spell that? Mr. Rodriguez: Z-X-E-R-O-S-C-A-P-E, zxeroscape. And basically, it's landscaping that will use... Mayor Suarez: There's two words that make that. What's the first word? Mr. Rodriguez: Zero, but they use x... Mayor Suarez: Zero? Like zero? Like when you call somebody zero? Mr. Rodriguez: I know, but they use x. Mayor Suarez: An x, like me? Commissioner Alonso: hikes your. Rodriguez: X like you. 91 January 25, 1990 Mr. Deresz: Yes, exactly. Mayor Suarez: I like it already. Zxeroscape. Mr. Rodriguez: It's zero with an x. Mr. Deresz: X-E-R-I. Mayor Suarez: Xeriscape. I think you ought to drop that from your lexicon and try something else. Mr, Deresz: The South Florida Water Management District, that's the big thing with theta right now. Mayor Suarez: Ah, that was Arsenio Milian again, probably. Commissioner Plummer: Take the water of the pool at Bayfront Park. Mayor Suarez: Counselor, what brings you here? Al Cardenas, Esq.: Mr. Mayor, members of the board, my name is Al Cardenas. I'm here on behalf of Armando Leon and Carol Fennert and a group who are owners of properties located on the Miami River between 22nd and 27th Avenues. Mayor Suarez: You don't happen to live in Sweetwater, by any chance, do you, counselor? Mr. Cardenas: No, I've been asking the same questions you have. But I'd like to distribute the copy of the City atlas, we've marked in yellow the properties in question. Mayor Suarez: It's that kind of a day. What do you want with this WF-R/7? Mr. Cardenas: Right. The City master plan and proposed ordinance are calling for this property to be zoned duplex. The 8 property owners on the properties which are marked in yellow would like to retain what we've always had and that is a WF•1/7 zoned property. Mayor Suarez: Why do you say WF-1/7? That was the prior classification? Please) Mr. Cardenas: The WF-R/7 was the prior classification that the City had done recently away with in its new comprehensive master plan. In reviewing the new proposed ordinance, these owners came about the realization that that had recently taken effect. I would like to ask those owners of this property in this area to please stand up so they know who you are. Commissioner Plummer: They've been here before. Mr. Cardenas: Right. Now... Mayor Suarez: Is there anyone that is against the proposal being made by the well dressed attorney up there? I don't even want to state what it is, so it's easier to identify you. Mr. Cardenas: Thanks. Mayor Suarez: And we sort of personalize the issue. I don't have any problem with what they're requesting unless you do. Commissioner Plummer: I'll make a motion that we let the property remain as waterfront property. Mr. Rodriguez: Before you do that, I believe that in taking an action on or in the comp plan amendment you zone... Mayor Suarez: Will require us to amend the comprehensive plan... Mr. Cardenas: Right. Mayor Suarez: ...which we're allowed to do twice a year. 92 January 25, 1990 Mr. Rodriguez: Right. Commissioner Plummer: We'll do it at such time as we can. Mr. Cardenas: Thank you. Also, just specifically, Mr. Plummer and... Mayor Suarez: When was it submitted? Wait a minute, Al, when was it submitted? -that the year began to run? Mr. Olmedillo: We plan to submit this by April of this year. Mayor Suarez: When was the comprehensive plan submitted? Mr. Olmedillo: September 188. Mayor Suarez: Have we modified it since then? Mr. Olmedillo: Yes, we have run amendments. Mr. Cardenas: Yes. Mayor Suarez: I thought we were limited to two a year. Mr. Olmedillo: To two a year when it's a major change. Remember that we have up to five... Mayor Suarez: OK, have we had one major change yet? Mr. Olmedillo: Yes, we did burn our opportunity so far, so... Mayor Suarez: Both? Mr. Olmedillo: Yes, the next one we're looking into. Mayor Suarez: Thank you. So, we have to wait till April to complete this process. Mr. Olmedillo: Yes, sir. Mayor Suarez: Thank you. All right... Mr. Cardenas: Mr. Mayor, specifically, the zoning that we're looking for is the SD-4 waterfront district which is section 604 in your proposed ordinance. Commissioner Plummer: That's not my motion. My motion is to leave it as it is, waterfront R-7. That's what it is now. Mr. Cardenas: There is no such category now. Commissioner Plummer: Well, what is it now? Mr. Olmedillo: You would have to instruct us... Mr. Cardenas: Duplex zoned. Mr. Olmedillo: You would have to instruct us to create a district specifically for this area, an SPI concept, for this area. Commissioner Plummer: My understanding is, they're asking that it be left what it is. Mr. Cardenas: What? Mr. Olmedillo: But if you adopt the new ordinance, there is no corresponding - - zoning district for that particular one. Mayor Suarez: We've eliminated that classification is the problem. Mr. Cardenas: Right. So_ Mr. Olmedillo: We've eliminated it. 93 January 25, 1990 Commissioner Plummer: All right, so what would we do now? Mayor Suarez: What do we call it? Mr. Cardenas: SD-4. Mr. Olmedillo: You have two options. One, you call it SD-4... Mayor Suarez: Give us one that works, don't get complex here. Mr. Cardenas: Certainly. Mayor Suarez: Give us one that works. -- Mr. Olmedillo: A special waterfront district, which we have in the new ordinance or you... Mayor Suarez: Great, what ... that's the motion then. Mr. Olmedillo: Or you may instruct us to create a special district for that. Mayor Suarez: No, no, no, don't complicate things. Commissioner Plummer: No, that's it. Ms. Carol Fennert: No, we're not, you don't understand. Listen, since this - zoning has been eliminated and our area is next adjacent to waterfront _ industrial, which will restore the value that we have lost with losing waterfront recreation zoning, we are perfectly willing to have this. In fact, we would prefer it. It would make us... Mayor Suarez: Are you arguing in favor of what we're about to do? Ms. Fennert: You are making a.... all right. Mayor Suarez: Because, see, not only are you taking up our time when we're about to do what you want but you were not sworn in, we don't know your name. _- Mr. Cardenas: She's with us. Mayor Suarez: The transcript is now more difficult to put together. We don't =_ like you. Mr. Cardenas: She's a nice lady by the name of. Carol Fennert, she's... Mayor Suarez: Thank you, counselor. Miss Fennert's remarks, obviously, are presumably correct and under oath and so on. Mr. Cardenas: Right. Right. Mayor Suarez: Anyhow. Mr. Cardenas: We would like for this property... Mayor Suarez: Why are you talking any more? Can't we just get this vote done? Mr. Cardenas: Right. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: What's your problem? Mr. Olmedillo: Just one problem that I want to make them aware of. The SD-4 prohibits housing as a permitted use so the houses would be nonconforming. Mayor Suarez: Houses are prohibited? Mr. Olmedillo: No, are not permitted within the special district, the SD-4. Commissioner Plummer: You couldn't build a new house. 94 January 25, 1990 Mr. Olmedillo: They have houses there in combination with other uses. Mr. Cardenas: Make it a permitted use. I mean, who can speak against houses there? Mayor Suarez: Why would we prohibit houses? Commissioner Plummer: Well, you can speak against houses when you're talking about waterfront industrial uses. Commissioner De Yurre: Without cooking. Commissioner Plummer: Houses are not compatible to an industrial. area. -1 Mayor Suarez: In cumulative zoning, which we hoped that we were going to —i have, you can have all the lesser uses included and housing is the least whatever the term is. Mr. Olmedillo: We tried and tried, Mr. Mayor, but they're so incompatible... Mayor Suarez: Couldn't do cumulative zoning, could you? Mr. Olmedillo: ...incompatible uses sometimes that we have to weed out. i Mayor Suarez: All right, any solution to that, counselor? Is that something your clients are interested in too? Mr. Cardenas: Houses as a special exception, I mean. Mayor Suarez: I don't see any problem with that. Commissioner Plummer: No, I do. No, I got a problem with that. Mr. Olmedillo: Maybe an accessory use. Commissioner Plummer: I cannot sit here and vote to put housing in an industrial section. Mayor Suarez: As an accessory use... Mr. Cardenas: Waterfront, waterfront, not everywhere. But this is an the waterfront district only. r Commissioner Plummer: Al, in an industrial type of zoning, houses are not --� compatible. Mayor Suarez: Why not, why not? Why not, if you want to build a house and then... Commissioner Plummer: Industrial? Mayor Suarez: If you want to build a house, you may, eventually, change the area and the industry might go away and you might have a nice residential... Commissioner Plummer: Well, I would be opposed to such, Mr. Mayor. I'm in favor of the industrial for this area and the houses that are there presently are grandfathered but to put any new houses in that area, I think, I just can't imagine anybody wanting to put a house in an industrial area. Mr. Cardenas: Well, they're there now. Commissioner Plummer: Well, fine, then, let's just make it all residential. Mr. Cardenas: They don't care. I mean... Commissioner Plummer: No, make it all residential, not industrial. Mr. Cardenas: No. Commissioner Plummer: Not waterfront, just make it housing. Mr. Cardenas: No, that's what they're opposed to, all of the owners. 95 January 25, 1990 Commissioner Plummer: You can't have your cake and eat it too. - Mr. Cardenas: OK, let me propose two suggestions. One is... Mayor Suarez: I thought you said three with your fingers, now don't confuse �- us. Mr. Cardenas: Oh, yes, three... OK... Mayor Suarez: Be careful which one you eliminate now. Mr, Cardenas: That's right. The one, of course, is to create a category Which was in keeping with the one that they always had and that was the equivalent of the WF-R/7. The second one is, to have an SD-4 waterfront — industrial district and have a housing there, a residential, as a permitted _= use or as a special use in it or the third one is to just call it SD-4 and they're willing to forego the residential activity. _ Commissioner Plummer: I'll go for the latter. It's a motion, my motion. I've already made a motion to make it SD-4, but I'm not going to tolerate housing in residential, it doesn't make sense. Mayor Suarez: I'm hearing SD, but you're saying SB, right? Mr. Olmedillo: D, special district. Commissioner Plummer: D as in David. Mr. Olmedillo: Special district. Mr. Cardenas: SD-4, right. Mayor Suarez: What was the other overlay that we were talking about? Mr. Olmedillo: Special public interest which was different, that was the concept. Commissioner Plummer: One more overlay. Mr. Rodriguez: The one that we had before, the one was SD also. It's the same classifi... Mayor Suarez: And what does it mean? -SD? Mr. Rodriguez: Special district. Mayor Suarez: Why do you have the SD? Why don't you just say overlay district, if it's an overlay district? Mr. Rodriguez: Because in some cases, there are overlay, in other cases, there are not. Mayor Suarez; They're underlay. Mr. Rodriguez: They are typical zoned for the whole area. Mr. Cardenas: SD-4 is fine. Mayor Suarez: What is the young attorney that used to work for us doing over there? Mr. Cardenas: She's doing fine. Mayor Suarez: Greenberg Traurig did not take her to work... Mr. Cardenas: Yes, yes we did. Mayor Suarez: After the lunch that I saw you two having over at Brickell Club, huh? Is that we lose our attorneys to Greenberg Traurig? Commissioner Plummer: Who did you steal now? 96 January 25, 1990 Mr. Cardenas: Adrienne, over here. Mayor Suarez: Would you please stand up and be recognized as our former assistant city attorney? (Applause) - Commissioner Plummer: I lost my redhead? Mayor Suarez: Yes. Commission Alonso: Yes. Mr. Cardenas: Yes, sir. Commissioner Plummer: She's working for you? -- Mr. Cardenas: Yes, sir. Commissioner Plummer: Ho, ho, ho, ho... — Mr. Cardenas: I know as kind a man with the vision you have here. Mayor Suarez: As long as you're hiring attorneys, do you want ::o hire him? Mr. Cardenas: He's found a great place to be. Mayor Suarez: No, this guy here. He's the attorney. Mr. Cardenas: That's what I mean. Commissioner Plummer: Wait a minute, I'll offer you both. Mayor Suarez: For the appropriate amount of money, I will go work for you -_ guys and stop being Mayor, how's that? Commissioner Alonso: What's going on here? Commissioner Plummer: And I'll guarantee you, I can raise it. Mayor Suarez: OK. We're accepting contributions. All right, is that agreeable, J. L.? Are you going to... Commissioner Plummer: SD-4, yes. — Mr. Cardenas: Yes, air. Mayor Suarez: In the form of a motion, do we have a second? Commissioner Plummer: Yes, sir. _ Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: _ MOTION NO. 90-82 A MOTION MODIFYING THE PROPOSED NEW ZONING ORDINANCE -_ FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION IN THE PARADISE POINT AREA AT THE MIAMI -_ RIVER, N.W. 18TH TERRACE FROM 24TH AVENUE TO 27TH AVENUE TO SD-4 (SPECIAL WATERFRONT DISTRICT). Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: 97 January 25, 1090 AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Dawkins. Mayor Suarez: What else do we got? Mr. Cardenas: One more item is Miami Jewish Horne matter. This is property located on 51st Street. Mayor Suarez: What do you need on that? I'm aware of that facility. Mr. Cardenas: Right. Mayor Suarez: I think the rest of the Commission is. Mr. Cardenas: OK, we need the master plan designation for Mayor that indicates major public facilities and which is fine. We want to change the current zoning which is CG-2/7 which does not permit the activities that are necessary for the ongoing activities of the Miami Jewish Home. We want you to change it's proposed zoning designation to IG, which is consistent with its new master plan designation.... Commissioner Plummer: What is IG? Mr. Cardenas: ...and which would permit... IG... Mayor Suarez: IG. Mr. Cardenas: Yes. Institutional. Commissioner Plummer: You know, I want to tell you something. Mr. Cardenas: That's institutional, not industrial. Mayor Suarez: IG. Commissioner Plummer: What... no, no, no, I'm not finding fault with you. Mr. Cardenas: Oh, OK. Commissioner Plummer: What in the hell have we done to simplify this thing? Mr. Olmedillo: I is a simple letter, one letter, I, institutional. Commissioner Plummer: Yes... Mayor Suarez: It's never been used in that way. Commissioner Plummer: What's G? Mr. Olmedillo: How much simpler? Yes. Mayor Suarez: In zoning, it's always I has always been. industrial. Commissioner Plummer: We've always had industrial... Mr. Olmedillo: That's why... Commissioner Plummer: ...1, 2 and 3. Mr. Olmedillo: Slash G, institutional and/or government. Mayor Suarez: Wow. Mr. Olmedillo: And it's a simple way of calling it. Mr. Cardenas: Institutional government. 98 January 25, 1990 ■ --i _ Mayor Suarez: I think we have failed in the effort of trying to simplify this, but I suppose it's better than it was before. So, V ll entertain a :lotion on it, J. L. Commissioner Plummer: Wait a minute, but. I got to know what will IG allow the Jewish Home to do that they can't do today? Mayor Suarez: Good question. Mr. Cardenas: Basically, what you're doing is, you're combining five existing zoning categories into one. Mayor Suarez: Which are? Mr. Cardenas: Which are... Commissioner Plummer: Good question. Mayor Suarez: Why did you start talking if you didn't know? What are they? Mr. Cardenas: .... there are five, they're... Mayor Suarez: We need somebody who can answer our questions, he wants to know what things would be permitted. Somebody? Mr. Olmedillo: The property, as they have it laid out... Mayor Suarez: I liked the way he was starting, Guillermo. Can you finish the statement of what uses would be permitted, that's what the Commissioner would like to know and I would too and the rest of the Commission. Mr. Olmedillo: Any institutional uses like schools... Mayor Suarez: What are the five categories unless... Mr. Cardenas: I'll tell you what they are if you want me to. Mr. Olmedillo: Like schools, churches, hospitals, that type of use. Commissioner Alonso: Where is IG? I don't have it here. Mayor Suarez: Well, are there a discreet number? -five as he's saying, or not? Mr. Olmedillo: Yes, there's a discreet number in that definition, within the definition of the... Mayor Suarez: And what are they? You said three. I don't want you to say three and others like it, because for all we know, one of them is a factory or something that we don't... Mr. Cardenas: OK, we have CR-2/7, RG-3/7. We have RG-1/3, RG-2/5, and RS- 2/2. Those are the five categories that are in the current parcel. Commissioner Plummer: Which are currently existing there today. Mr. Cardenas: Yes, sir. Commissioner Plummer: With no problem. Mr. Cardenas: No, we have a problem because, for example, like the thrift store, which is part of what the elderly make in their rehabilitation and so forth, second hand goods. They can't do that under its current zoning -�' classification- The parking that we want, in order to have the one complex, can't be permitted because you're taking away that transitional use situation. So, in order to comply... Mayor Suarez: Also, when you were saying five, you were saying that there were five existing different kinds of uses that you'd like to be able to retain. 99 January 25, 1990 L1 ink Mr. Cardenas: Yes, there are five existing zoning classifications... Mayor Suarez: Or zoning districts...Wow. Mr. Cardenas: ...within the complex. They're within the property owned by —_ the Miami Jewish Home Center and we would like to, because to clean it all off, we would like to fall... we are already within your use designation by the master plan which is fine, if you're... Mayor Suarez: We know all of that. What tie's concerned about is opening a - crack here that allows some successor agency or even the Miami Jewish Home to build something there that we wouldn't want. Commissioner Plummer: I would not, Mr. Mayor, I would not be in accord with this at this present time without the planning department studying it and letting us know what ramifications. A great deal of that property touches on single family homes... — Mr. Cardenas: Yes, air. Commissioner Plummer: ...and I don't know what that would do to single family residents around that area. I could not vote for it without the planning department coming back with a recommendation. — Mayor Suarez: Do you want to study it and give us a... Mr. Olmedillo: Second reading... UNIDENTIFIED SPEAKER: They have a recommendation... Mr. Cardenas: They have recommended in favor of this. Mayor Suarez: What is a nice simple thing to do with it that protects us - protects the neighborhood and so on? - Mr. Olmedillo: One of two ways of doing it is that you either... Mayor Suarez: You always give me two. Why don't you just give me one, go ahead. Mr. Olmedillo: By second reading, we'll have the report to you and you will be able to do the change as they seek, if you see it necessary. Mayor Suarez: I have no problem with that. Mr. Cardenas: We've met with staff at length. Mayor Suarez: OK. Go for that. Commissioner Plummer: That's fine. I'll go with it. Mayor Suarez: OK, as to the first reading, how do we define the motion then? Commissioner Plummer: For this here? I'll move that this be sent to one classification of IG. Mayor Suarez: OK, so moved. Commissioner Alonso: Yes, I second. Mayor Suarez: Seconded. Commissioner Plummer: And I have reservations in doing it, but so that we can get it under the study for second reading, I'll go along with it. Mayor Suarez: OK, so moved and seconded. Any discussion? If not, please call the roll. 100 January 25, 1990 2 The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 90-83 A MOTION MODIFYING THE PROPOSED NEW ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION FOR ALL THE MIAMI JEWISH HOME & HOSPITAL FOR THE AGED PROPERTY LOCATED IN THE AREA OF N.E. 2 AVENUE AND 52 STREET FROM CG-2/7 TO G/I. (GOVERNMENT/INSTITUTIONAL); FURTHER INSTRUCTING THE PLANNING DEPARTMENT TO CONDUCT A STUDY OF THE AREA AND BRING BACK A RECOMMENDATION AT THE TIME OF THE SECOND READING OF THE NEW ZONING ORDINANCE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre = Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins Mayor Suarez: OK, you finished? Mr. Cardenas: Thank you, sir. Yes, sir. Mayor Suarez: Made your money for the day. Mr. Cardenas: Yes. Commissioner Plummer: Oh, has he made his money for the day and then, some. Mayor Suarez: He got nervous and dropped some papers. Ms. Louise Bauer: Mr. Mayor and Commissioner, my name is Louise Bauer and the property address is 533 N.W. 2nd Avenue. Mayor Suarez: Bauer? Ms. Bauer: Bauer. Mayor Suarez: As in Max Bauer? Ms. Bauer: Right. Mayor Suarez: What are you looking for? Is it for that property? Ms. Bauer: Yes, it pertains merely to the square block of... Mayor Suarez: Where the... Ms. Bauer: On the Planning Advisory Board meeting of January the loth, 1990, it was passed unanimously to amend the Miami neighborhood plan and zoning atlas to retain the original zoning. Mayor Suarez: Which was? Ms. Bauer: It was CG-2/7. And this is consistent with Public Storage which is primarily the largest property owner there. Mr. Olmedillo: Again, we had the comp plan problem. What we can do is go back and amend the comprehensive plan and give Mrs. Bauer... Mayor Suarez: In April we send it up. And in April we send it up? Mr. Olmedillo: Yes. 101 January 25, 1990 Commissioner Plummer: Wait a minute, excuse me. You're no longer using that facility for storage. You vacated that property. Ms. Bauer: I don't own that. I own something else on that square block and there is also another property owner, Mr. Rattner, who's also on that square block, who... Commissioner Plummer: Does that same classification apply to the back side? - because that's apartment houses. Ms. Bauer: Right, it would be the entire block would be uniform. Commissioner Plummer: Is that really what we want in that area? I mean, that's contiguous to the Overtown... Mr. Olmedillo: We classify it as CR for restricted commercial. What Mrs. Bauer wants, it's a more liberal district, a CG or a general district. We... Commissioner Plummer: That's what I'm asking. Do we want warehouses in the Park West area? Ms. Bauer: Commissioner Plummer, that is not my property, but it's already - that building is under construction. Commissioner Plummer: What building? Ms. Bauer: The public storage building. It was purchased, I imagine, a couple of years ago and I'm not the owner of it, but it's definitely commercial general. Commissioner Plummer: Well, why would we... no, the question I'm asking is, why would we want to enhance or further the warehouse to the 6th Street side? Mr. Olmedillo: We don't want that. Co=issioner Plummer: Well, I think that's what she wants. Mr. Olmedillo: Yes, but that permit was issued prior to the changes. Commissioner Plummer: My point is... Ms. Bauer: What actually happened is we did - the property owner's did not initiate the change, it was an error because of a property association and they did not - it was the Park West... Commissioner Plummer: That's not my point. My point is, what you're asking us to do, as I understand it... Ms. Bauer: Yes. Commissioner Plummer: ...is allow public warehousing on the 6th Street side to make zoning that would allow that. Ms. Bauer: No, no, no. Not at all public warehousing at all. Commissioner Plummer: Well, what are you... Ms. Bauer: I'm merely - what had happened was the Park West civic association had asked for some changes... Commissioner Plummer: Correct. He. Bauer: And our block did not go along with the changes and, inadvertently, it was encompassed in the change. The Park West has no objection to it. The Planning Department has no objection to it and nobody in the neighborhood has any objection to the retention of the original CG. Commissioner Plummer: Speak to it. 1 Mr. Olmedillo: When we went for the comprehensive plan land use designations, we assigned a restricted commercial use following directions from this Commission, that all of that area should be taken to a mixed use type which 102 January 25, 1990 will allow housing and retail. You may remember that back in September of ,as. Commissioner Plummer: Are you in favor of what she's recommending? Mr. Olmedillo: What I'm saying to you is, that we recommend that otherwise. - She wants a more liberal district. Commissioner Plummer: Well, she's not entitled to it. Mr. Olmedillo: I'm not saying she's entitled to, what I'm saying is that the PAB recommended for it. It's up to you to instruct us to come back with a plan amendment... Commissioner Plummer: What are you recommending? Mr. Olmedillo: That it remain the way it is. Commissioner Plummer: And that is? Mr. Olmedillo: Restricted commercial. Commissioner Plummer: OK. Ms. Bauer: Guillermo, I understood that you told me that you had no objection to the retention of the original zoning because it was the error of the firm that worked with that other thing. I mean, we did not proffer it, we did not -_ ask for it. It was the Park West that wanted their change. Our block did not ask for a change. Mr. Olmedillo: You want me to address that? Commissioner Plummer: Please. Mr. Olmedillo: Yeas, through the hearings of the comprehensive plan, it was decided by this Commission that the entire area be restricted commercial. Commissioner Plummer: OK. Mr. Olmedillo; And that's our recommendation back to you is that you saw it that way... Commissioner Plummer: The entire area? Mr. Olmedillo: The entire area. Commissioner Plummer: Is RC. Mr. Olmedillo: Yes, CR. Commissioner Plummer: CR. Ms. Bauer: Well, I mean... Mr. Olmedillo: She's entitled to apply for the zoning change. Commissioner Plummer: Yes, you could do that under your own individual application. Ms. Bauer: I understand that, well, the - it was our impression that the interest of the City was to redevelop - I want to wait for the Mayor to come back on this. There has been some interest in the City redeveloping that block because there are a lot of older properties on that block and we felt that because of broader zoning, we might be able to do it through the private sector as opposed to the City outlaying the money. Commissioner i.lonso: How important is this for the private development in that area? Isn't that important for the City of Miami? Commissioner Plummer: It's more for the Park West. 103 January 25, 1990 Ms. Bauer: It's primarily the block that connects the government center area with Park West. Everything in there is probably in excess of 40 years old and we're merely trying to see what we could possibly do in the private sector, as far as developing it. Mayor Suarez: I'm sorry, I wasn't being discourteous and not listening. I'm just in favor of whatever you want to do there. Ms. Bauer: Thank you so much. I appreciate it, Mr. Mayor. Mayor Suarez: Anything is better than what we have. It's my philosophy in that area. Mr. Olmedillo: See, the conflict, Commissioner, is that when she goes to the liberal commercial, housing is excluded from it. The restricted commercial allows housing, a mixed use, which, we feel, is better for development. However, she's entitled to ask you for the CG which is the more liberal, and the uses. Commissioner Plummer: Well, but she can also do it through an individual application. Mr. Olmedillo: ...She can also do it for... by an individual application. Ms. Bauer: Right, but rather than be - take up everybody's time and reappear, here's another private property owner, Mr. Rattner, who also owns an older parcel on that square block, and we would like the opportunity to have not come to the City for the City to purchase, but perhaps do something as far as development ourselves with the private sector. Commissioner Plummer: That still doesn't preclude your coming here with an individual application. Ms. Bauer: Right. But while we're in this ordinance, this 9500 ordinance, and since the PAB passed it unanimously, we're just asking, since we have no neighborhood objection at all, and since we are interested... Mayor Suarez: What do you mean, no neighborhood objection, there's no neighborhood. Ms. Bauer: Well, that's not my fault. Mayor Suarez: We're trying to create a neighborhood. Ms. Bauer: Right, I'm trying to go in synch with the City. Commissioner Plummer: Basically, what I'm saying is, there's no free lunch. OK? You wanted us to consider it, then come in and put it in an application for it. Ms. Bauer: Well... Mayor Suarez: Why not just do it as we approve the whole... Commissioner Plummer: My concern is, Mr. Mayor, that particular area is the buffer between the government center and Park West. I don't want to sere that area be excluded from having residents, nor do I want to see a concrete high wall in the shape of a building showing it as a Chinese wall between the two areas. That's my concern. Mayor Suarez: And why would what they're requesting make either one of those scenarios more likely? Ms. Bauer: Would you prefer a... Commissioner Plummer: You can't build residential in what she's asking for. Ms. Bauer: OK... Mayor Suarez: Which is? Mr. Rodriguez: Liberal commercial district. 104 January 25, 1990 .: Mayor Suarez: I almost said stupid again. I've said it so many times today. I won't say stupid. It is asinine to exclude residential from any part of downtown by any zoning classification or other restriction. Commissioner Plurm►er: But, in a CR, they do have the right to have residential. Mayor Suarez: And they should be able to have it in whatever classification they now want. That's great. 1- ti Ms. Bauer: I think it's financially, and as far as development, shooting - yourself in the foot, if CG is the broadest. Would you prefer to have CG or would you prefer to have 40 year old buildings sit there forever? Commissioner Plummer: That's not going to happen. Mayor Suarez: CG, the broadest. Ms. Bauer: I mean, I just think it makes the most sense... Mayor Suarez: Anything that might lead the market to create an improvement in that neighborhood, which is not a neighborhood... Ms. Bauer: OK, now, Mr... Mayor Suarez: ...there's a bunch of old warehouses. Ms. Bauer.: Mr. Rattner is the other property owner on that square block and he shares... Mr. Stanley Rattner: I haven't been sworn in. Mayor Suarez: Another truthful one. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Rattner: My name is Stanley Rattner. I reside at 5960 Alton Road, Miami Beach and I own the property at 127 N.W. 5th Street. This is when they're done developing the Public Storage building which is now under construction, which I believe is 5 stories, I will be on the other property on 5th Street in that block and I'll be a corner property in a 50 foot lot and it doesn't make sense that I should be rezoned as the ordinance does into residential in that location. Commissioner Plummer: You're not... Mr. Rattner: That doesn't mean residential isn't permitted there. But to be restricted to residential in that location. Commissioner Plummer: And I'm saying, sir, if you want it, come in and file an application. Mr. Rattner: Why force me to go through that process when you can... Commissioner. Plummer: Because everybody in this City does it that way, sir. There's no free lunches. Commissioner Alonso: But, they had the zoning before, did they not? Mr. Rattner: We had the zoning. Mr. Olmedillo: They did have it, when we... Commissioner Alonso: They did have it before. Mr. Olmedillo: When we went into the comprehensive plan and Commissioner, forgive me, but you were not here then. The public hearings, it was decided by this Conguission that the entire area be zoned to a type of use which will allow residential in combination with other uses, such as retail. 105 January 25, 1990 Commissioner Alonso: Right, so they had this before. It was taken away from - them and now they're asking to... Ms. Bauer: Retain it. Commissioner Alonso: ...retain it. I see. Mayor Suarez: The broadest classification makes the most sense for that area. Ms. Bauer: Thank you, Mr. Mayor. Mayor Suarez: It is not a very nice area of the City of Miami that we would like to improve by allowing just about anything that you build there other than munitions factory, nuclear arsenal... Commissioner Plummer: I'll make a motion that the planning department... Mayor Suarez: ...what other classifications can I think that I would prefer not to have there? Commissioner Plummer: I'll make a motion the planning department study it. Mayor Suarez: So moved. Excluded from the ordinance in effect from today's action. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. I'm going to go with that because it's better than denying what you're requesting. I would be willing to grant it at this point. Mr. Rattner: Thank you, Mr. Mayor. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-84 A MOTION INSTRUCTING THE PLANNING DEPARTMENT TO STUDY THE AREA AROUND N.W. 5TH STREET AND 2 AVENUE FOR POSSIBLE CHANGE OF PLAN DESIGNATION/ZONING CLASSIFICATION IN THE PROPOSED NEW ZONING ORDINANCE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins COMMENTS MADE DURING ROLL CALL: Ms. Bauer: I don't quite understand where we're at? Mayor Suarez: We're going to study it... Commissioner Alonso: And come back. Mayor Suarez: ...and that gives the Commissioners a little bit more time to be sure that what we're doing is right, but I think we're inclined to go in your direction. At least for myself. Ms. Bauer: OK, I mean, I just think it would be extending the amount of time that it's going to take to redevelop that block, unfortunately. Mayor Suarez: That's why I would much rather just go ahead and do it right now, but I don't think we're going to have a consensus on that. 106 January 25, 1990 E 11 Ms. Bauer: Uh huh. OK, now when do we have to reappear again? Commissioner Plummer: You'll be so notified. Ms. Bauer: OK, thank you very much. Mayor Suarez: You may never have to reappear if you don't us complete the roll call. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: What brings you here on another item? You've used up your - you've been back there on the Coral Way stuff, don't tell me you haven't been, all right. Ms. Graciela Balanzatequi-Garrido: Well, but I haven't spoken. Mayor Suarez: Right. Mr. Garrido: I just need to address one thing. Mayor Suarez: Give us your name and address. And you've been sworn in, I'm sure you raised your hand at some point in these proceedings. OK. Ms. Garrido: Yes. Graciela Balanzatequi-Garrido, 3620 S.W.... Mayor Suarez: Anybody who can pronounce that last name is entitled to be on this Commission automatically or Sweetwater which apparently is going to have some vacancies. Ms. Garrido: S.W. 20th Street. I just need to clarify one thing. Mayor Suarez: Does our planning director live in Sweetwater? All right, I'm sorry. Ms. Garrido: I just need to clarify one thing as far as the SD-12 buffer district overlay. Please, I want you to be aware that the way that it is presently written and submitted to you, is more liberal than the original transitional zoning because it allows buildings.... Mayor Suarez: The one we didn't... Commissioner Plummer: Turn down. Ms. Garrido: The one - no, you didn't turn down the buffer itself, the concept. You turned down the specific areas on Coral Way. I'm still addressing it for the rest of the City. I still want you to be aware that it is more liberal than the original transitional because it allows for buildings within the block. Fifty foot setback for the building, but still within the transitional lot. Under the original transitional ordinance, you could only have office buildings in the corner lots so this is even more liberal and is... Mayor Suarez: That's very interesting academic question, like how many angels can dance on a pin and all of that, but what relevancy does that have to the ones that are going to be left 3.n the ordinance, Graciela? Ms. Garrido: Well, what we believe... Mayor Suarez: Is there any that you wouldn't want to have that kind of ability to provide? Ms. Garrido: Well, the reason that we are against the building is because, by increasing the size - not the size, because you, well... Mayor Suarez: For example, on Flagler and 12th Avenue... Ms. Garrido: For example, if you already have a parking problem... Mayor Suarez: ...is there anything behind Flagler and 12th Avenue that would make you concerned at this point? 107 January 25, 1990 L Ms. Garrido: No, I'm not talking about the maps, I'm talking about the ordinance itself. If you allow... Mayor Suarez: But if the ordinance itself - all right, go ahead. Ms. Garrido: OK. The way that the ordinance is written allows you to put the building 50 foot into the transitional lot. What we're saying is, if the transitional lot is,supposedly for parking to alleviate the parking problem, if you're taking up part of it to put the building on, even if you take the total FAR and instead of going up you go across and you're not really increasing the size of the building, you're taking up the land space so you're creating a parking problem. You're not alleviating it. — Commissioner Plummer: Didn't - wait a minute - didn't we eliminate that? Mayor Suarez: For the district we did. Commissioner Alonso: The concept, no. Mayor Suarez: She's talking about for other parts of the City, but she won't tell us what parts of the City she's concerned about. Commissioner Plummer: Well, she's speaking to the ordinance in general. Mr. Olmedillo: Not in the concept. Mayor Suarez: Right. Commissioner Plummer: What? Mr. Olmedillo: Not in the concept, you didn't eliminate it. I explained to you what it was, but you didn't make a motion to eliminate or to keep it. Mayor Suarez: In other parts of the City, we wouldn't want to eliminate it in other parts of the City. i Commissioner Plummer: But we were speaking to Coral Way and I'll be making a j motion now to eliminate that buffer from the SP-12, so that you cannot encroach upon. Mayor Suarez: You see, you guys, do you see? You see how difficult it is for us to... Mr. Rodriguez: What? I don't understand. Mayor Suarez: To apply what you guys are proposing. You have not simplified the zoning code at all. Mr. Rodriguez: Well, that's what we're here tonight. Commissioner Plummer: If you're going to allow a building to encroach in a residential lot, that I want to eliminate, OK? And how do I do it? Mr. Rodriguez: Eliminate SD-12. Commissioner Plummer: I thought we did. Mr. Olmedillo: No, no,no. Commissioner Plummer: What did we eliminate? Mr. Rodriguez: You eliminated SD-12 applied it to a particular geographic area of the City. You had to eliminate... Mayor Suarez: I thought that SD-12 was a district numbered 12, which was that district. Mr. Rodriguez: That district, it's like a zoning classification. It can be applied throughout the whole City. Mayor Suarez: But that has a different number, doesn't it? 108 January 25, 1990 11 11 Mr. Rodriguez: No, sir. Commissioner Alonso: No, same number. Mayor Suarez: It's also SD-12? Mr. Rodriguez: It's SD--12. Commissioner Plummer: I will move that the encroachment in the SD-12 eliminated. I so move. Mayor Suarez: What the hell does that mean? Commissioner Plummer: That means that there will be no encroachment of t commercial in the residential. That's what it means. Mr. Rodriguez: There will be no office... no construction. You mean, building. Mr. Olmedillo: No building. Commissioner Plummer: In the back lot. Mr. 0lmedillo: And the residential lot. Commissioner Plummer: That's correct. Mr. Rodriguez: But there will be parking. Let's understand what you' saying. Commissioner Plummer: It could be parking... Mr. Rodriguez: It could be parking. Commissioner Plummer: ...but only with City Commission, approval. Commissioner Alonso: Yes. Mr. Rodriguez: Yes, that's there. Mr. Olmedillo: Yes. Commissioner Plummer: No Class C permit... Mr. Rodriguez: No. Commissioner Plummer: ... or Genuardi going off on one of his pipe dreams. Mr. Rodriguez.: No. L— be he no re Mayor Suarez: OK, so now the concept of transitional that we had contemplated to apply to other areas of the City instead of allowing a certain amount of commercial building, will only be to allow parking. Mr. Rodriguez: No. Mr. Olmedillo: Yes. Mr. Rodriguez: Well, no, no, let me finish. Commissioner Plummer: Yes. Mayor Suarez: That's what he's trying to accomplish. If that's not it, then tell us and also agree with him, he works for you, doesn't het Mr. Rodriguez: That's OK, but I have to tell you what I think is right. Mayor Suarez: Right. And explain it to him in advance so that we don't get disagreeing... 109 January 25, 1990 Mr. Rodriguez: What is happening is, you will not allow, in the lot itself, the construction of the building, but the square footage of that particular lot will be allowed in the main building which is in the commercial area. Mayor Suarez: For the FAR calculation. Mr. Rodriguez: For FAR calculation. Is that what you want to do? Commissioner Plummer: No. Mr. Rodriguez: You want to eliminate completely the commercial use? Commissioner Plummer: Look, no, I don't want to eliminate... Mayor Suarez: He wants to provide parking behind the building that is permitted on the front lot that fronts on the main thoroughfare. Mr. Rodriguez: Period. Commissioner Plummer: Period. Mr. Rodriguez: That's clear then. Commissioner Plummer: And that's what I so move. Mayor Suarez: Now - OK, we don't have a second, somebody second that. I would second it, I would vote for it but I'm wondering in some areas of the City, the way it was drafted was probably just as good as anything, I mean, I... Mr. Olmedillo: You go for rezoning then. Commissioner Plummer: Mr. Mayor, look, you know, I've been opposed to transitional usage from day one. Mayor Suarez: Yes, I know... I buy it, I buy it. It gets us out of here, for one thing. Commissioner Plummer: And all I'm saying to you is, you know, all I'm saying to you is, it is an encroachment of the commercial into the residential and I'm opposed to that. Mayor Suarez: Well, in some areas of the City it would be a very helpful thing to have any kind of encroachment there. Commissioner Plummer: Then we can change it to commercial area on an application. That's only... Mayor Suarez: Yes. That's probably true. All right. Commissioner Alonso: Well, let me ask a question. We'll have to come back with this because obviously we are not going to vote on a final thing about this tonight. Mr. Olmedillo: No, you got first reading. Mr. Rodriguez: Tonight, by the way, for the way for the record, this is first reading, first reading. Second reading will be... Commissioner Alonso: So, in the next time when we go to the second reading, we might have to add certain areas that we feel it's necessary. Mr. Rodriguez: Right. If you want to... well, we would appreciate if you identify as many issues as possible so that we can work on this between first and second... Mayor Suarez: That's what we have been doing for the last hour and a half. Commissioner Alonso: OK. Mr. Rodriguez: I'm trying to clarify it for. Commissioner Alonso. —'' 110 January 25, 1990 10 Mayor Suarez: Right. Commissioner Alonso: OK. Mayor Suarez: We have a motion, do we have a second? Second, thank you. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 90-85 A MOTION MODIFYING THE PROPOSED NEW ZONING ORDINANCE FOR THE CITY OF MIAMI BY ELIMINATING ANY COMMERCIAL BUILDING ENCROACHMENT ON RESIDENTIAL PROPERTY IN THE PROPOSED SD-12 THROUGHOUT THE CITY OF MIAMI. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins Mayor Suarez: And I want to say one thing that the only reason I'm voting for it is it does simplify things a little bit. Commissioner Plummer: It does that. Mayor Suarez: In addition to it probably being a good idea. Ms. Garrido: Thank you. Mayor Suarez: Go away. Commissioner Plummer: Thank you. Mayor Suarez: All right, anyone else or are we ready to vote on the ordinance as a whole? Commissioner Alonso: No, no, no. No, we are not. Mayor Suarez: OK, can I hear from - or do you want to go first or do you want to... Ms. Lewis: Go ahead, Commissioner. Commissioner Alonso: No, I had two things. One, I like a study in the area page 33, it's northwest area, 36th Court between 7th and Flagler. Yes. Mr. Rodriguez: Seventh and northwest, right? Commissioner Alonso: Northwest, yes. Commissioner Plummer: The major portions owned by the dog track. Commissioner Alonso: It's page 33. Yes, it is an area that I need a study because I think it's very mixed and... Mr. Olmedillo: May I ask what we're seeking with a study? -unified zoning? What are we trying... Commissioner Alonso: Yes, yes, some properties that back to the commercial area, they might be that it's better that all of them go for buildings because half of them are, some are duplexes, and I think that it has been changed. 11.1 January 25, 1990 e� Mr. Olmedillo: But remember, we would have to comply with the comprehensive plan ruling about the consistency with the land use. Commissioner Alonso: Of course, that's why I want you to do this study. Mayor Suarez: What does the camp plan call for that area? Mr. Olmedillo: The mixed type of use that we have there. We have some single family, some duplex and some multi family. So, it's a mixed bag. Commissioner Plummer: That would be 36th Court east. Mayor Suarez: Some single family, some duplex. Mr. Rodriguez: 36th Court, west. Commissioner Alonso: They back up to the commercial. Commissioner Plummer: Not west. Mr. Rodriguez: It's from 36th Court to the west of it. I think from what Commissioner Alonso is saying, is the area that is west of 36th Court between N.W. 7th and Flagler. Am I correct? Commissioner Alonso: Yes. Commissioner Plummer: And 37th Avenue? Mr. Jorge Fernandez: Yes, between 36th and 37th. Mr. Rodriguez: Right. Mr. Olmedillo: On 36th going to 42nd, I presume. Mr. Rodriguez: Let me show you. Commissioner Plummer: No, that's not what she said now. That's not what she said. She said 36th Court. Commissioner Alonso: Court. Mr. Olmedillo: Only 36th Court between... Commissioner Alonso: Yes. Commissioner Plummer: That's correct. Mr. Rodriguez: ...Flagler and 7th, fine. Commissioner Plummer: So that doesn't include then 37th Avenue. Mr, Olmedillo: No, then... Mr. Rodriguez: No. Commissioner Plummer: Just want to make sure. Mr. Olmedillo: ...then I stand corrected with the information that I was given you, this is an RG-1 district, which is a duplex district, basically. Mayor Suarez: In the comp plan. Mr. Olmedillo: Yes. So, in order to go multi -family, we would have to amend the plan, but we'll come back to you on the 7th - I mean on the 15th. Mayor Suarez: She didn't say anything about multi -family, she was talking about buildings. Mr. Rodriguez: I think she was talking about possible multi -family, among other things. Right? Commissioner Alonso: Yes, whenever you go more than... 112 January 25, 1990 W i ISLE Mr.. Fernandez: Than duplex. Commissioner Alonso: Duplexes, that's what it is. Mayor Suarez: But is the thrust of the study the possibility of having along that artery of 36th Court, to have some office building? I mean some buildings of some sort? Commissioner Alonso: No, no, no office. Mr. Rodriguez: No, I think she's... there is multi --family now at this point. Commissioner Plummer: That would have to be on 37th. Commissioner Alonso: No, residential. Mayor Suarez: Oh, residential buildings. Multi -family residential, OK. Commissioner Alonso: No, residential. Now, about this section here, R-3 multi -family residential. I have lots of doubt and I think this area where you have the R-3 multi -family residential in which you require a minimum lot size of 10,000 square feet, I think that's almost impossible. Also, the requirement of the parking for that area and I think that one area that is definitely affected by this, is Little Havana. And I think that I have looked all though the City of Miami and the one area that is going to be affected is Little Havana, an area in which we need all the help we can get. If we require that this 10,000 square feet, we're making it impossible in a lot that is the average lot in that area, 50 x 135, 50 x 150, 50 x 124, if we know that the lot size in that area is the regular lot size is that... Mayor Suarez: Roughly 10,000 square feet. Commissioner Alonso: ...how in the world are we asking 10,000? This is above what we need. It should be less than that and also the parking requirement especially in the two bedroom apartment, it has to go down. Otherwise, we're telling the people, it's impossible and what we are going to get is more of a ghetto because people will not be able to invest and the small investor is the one that will go to these areas. The one who will invest in larger development will not come to these areas, because there's nothing for them, so I think in order to protect the small investor, in order to protect the area, we have to change this 10,000 square feet requirement. It has to be lower and also the parking requirement will have to change because it will only affect Little Havana and it's going to be devastating for the area. Mayor Suarez: And... Commissioner Alonso: I'm opposed completely to this. Mayor Suarez: What is the parking requirement called for in R-3? Mr. Olmedillo: R-3 goes by bedroom and it goes one bedroom, it's one parking, two and three bedrooms will be two and three and - excuse me - a one bedroom is one, two is two and 3 and 4 will be three parking spaces. So that... Mayor Suarez: Yes, and I guess the point I'm trying to make is that along the lines of what Commissioner Alonso was saying, that in some of those areas, you're going to have elderly, who don't own cars... Mr. Olmedillo: That has a 50 percent discount in a way. It's built in. Commissioner Plummer: Yes, but... Commissioner Alonso: Yes, but listen to this, the reality is... Mayor Suarez: Wait a minute, wait a minute, wait, a minute. Whoa, whoa, whoa.... Commissioner Alonso: ...this is to put it black and white, Mayor. What it means is, people who have now a lot in which they can build five units, six units, we are telling them it's going to go down to a duplex. Let's be realistic. They are not going to build a duplex in that area and not be able to cover not even the mortgage on that property. 113 January 25, 1990 0 Mayor Suarez: Sure, it's a... Commissioner Alonso: So let's be realistic, if we want to improve the area, we have to do it differently and we are not intruding in the neighborhood that has not been affected... Mayor Suarez: No, I totally agree with you, I totally agree. Commissioner Alonso: ...because we do have all kinds of problems in Little Havana, so we have to face reality and this reflects Little Havana. Mayor Suarez: Well, what is this business about the elderly counting... Mr. Olmedillo: No, remember that when the Commission were instructing us on 9500, Commissioner Dawkins specifically said, I want some relief for the elderly housing and for low income housing. Mayor Suarez: That's a nice historical point. How are we providing it, Guillermo? Mr. Olmedillo: There is a 50 percent discount If you hs•:a a .... Mayor Suarez: Explain it to me. Mr. Olmedillo: Well, the requirement is calculated regularly and then you take out half of it and only provide half of it. Mayor Suarez: How do you... when a guy comes in and gives you a card saying, I'm over 65, now can I have less parking? Mr. Olmedillo: No, no, no. The project has to be qualified. Mayor Suarez: The entire project. Mr. Olmedillo: The entire project. Mayor Suarez: That doesn't take into account what she's talking about. Commissioner Alonso: Of course not. Mr. Olmedillo: No, I said... No. Mayor Suarez: You want the big developers to come in and take advantage of all the things you've built into the code... Mr. Olmedillo: Two issues... Mayor Suarez: ...and the little guy is always... Commissioner Alonso: pies. Mayor Suarez: Good luck. Mr. Olmedillo: Two issues and I'll... Mayor Suarez: You know, we have a requirement in the City of Miami, you won't believe this one. Mr. Olmedillo: Two issues and I'll tell you how to address it. Mayor Suarez: Someday we're going to change it. Wait a minute - the people of Miami should know this. If I have it down right. Commissioner Alonso: Someday we are going to change it? No, we're not going to approve this because this is insane. Mayor Suarez: You cannot even seek a variance in the City of Miami unless you -� have - what is it? -a hundred feet of frontage? Commissioner Alonso: In Little Havana? Fifty. 114 January 25, 1990 Mr. Olmedillo: Oh, the variance, that's a change of zoning, Mayor. Mayor Suarez: Right. Mr. Olmedillo: Two hundred feet of frontage. Commissioner Alonso: Oh, but in order to have a change of zoning. Mayor Suarez: So, if you happen not to have 200 feet of frontage, don't try, you know, don't even call the guy back there in the corner, Bob Traurig, because even Bob Traurig he can't even apply. Commissioner Plummer: Well, the question I... Mayor Suarez: Not the best zoning attorney in Miami cannot even apply for you. Commissioner Plummer: That's good. What does this do... Mayor Suarez: No, but this is along the same lines as what she's saying, you have built this thing to benefit people who have 10,000 square feet or more and you have probably made illegal half of the uses in Little Havana in the process. Commissioner Alonso: What they are saying, you must own 2 lots in order to qualify. Mr. Olmedillo: Two issues you have to bring together. One, is the size of the lot... Commissioner Plummer: But, wait, wait, wait. Nobody is speaking to the amount of density. Now, you know, I'm concerned when you start packing people on top of people. When you speak of a minimum 10,000 square feet, how many units would a minimum 10,000 feet allow? Mr. Olmedillo: Depending on the zoning district, but if you have, going by the general zoning districts, you have up to 40 units per acre, so that will be like ten units. Commissioner Plummer: You're talking about ten units... Mr. Olmedillo: In ten thousand... Commissioner Plummer: In other words... Mr. Olmedillo: In ten thousand square feet. Commissioner Plummer: ...it would be a unit per thousand square feet. Mr. Olmedillo: Right, it's like the one to one ratio of land to building. You have one square foot of building, per one square foot of land. Commissioner Plummer: OK, then, now break down for me duplex. What is the minimum on that? Mr. Olmedillo: The minimu:c is 5,000 square feet. Commissioner Plummer: And you can put two units on that. Mr. Olmedillo: Two units on that. Commissioner Plummer; Or one unit per 2500. Mr. Olmedillo: Or one unit per 2,500. That is correct. Commissioner Plummer: And we're talking - to me, you are going... Mayor Suarez: Well, let's compare it to the typical, if I may interrupt you for a second. Let's compare it to the typical triplex or quadruplex or quintuplex that we have in the Little Havana area. Aren't they usually in lots as described by the Commissioner? 115 January 25, 1990 Mr. Olmedillo: Yes, but they're R-3... Commissioner Alonso: Yes, what it is and to give you an example, to respond to your question, the answer... Mayor Suarez: R-3 is what we were talking about. Commissioner Alonso: Yes, the answer to your question, Mayor, is think of the building that we see in Little Havana, six units, five units... Mayor Suarez: Right. Commissioner Alonso: ...four units. The typical building that you see there. We were able to build that in a lot of 50 x 135 before... Mayor Suarez: That's the one she was talking about, J. L., the 7,500 square feet with about five units. Commissioner Alonso: Now, if we approve this, that building cannot be there, but two units. Because there will be no space at all, right? Mr. Olmedillo: Right and... Commissioner Alonso: Two units. Mr. Rodriguez: The parking requirement is what really kills you in this area, you know, and you asked us to improve the increasing parking requirements because we have parking problems throughout the City. So we're proposing on increasing parking, bi.tt once... Mayor Suarez: I haven't seen anybody from Little Havana here saying that we have to have more restrictive parking in Little Havana. Commissioner Plummer: Well, but you're talking about... Mr. Rodriguez: No, no, no, when I say you, I mean the Commission has told us in the past... Commissioner Plummer: You're talking about in this proposal, Mr. Mayor, the benefits, as I see them, are tuore for the developer than they are for the people. Mayor Suarez: Of course. Commissioner Plummer: Now that's - you know, I'm more concerned... Mayor Suarez: And for the planners because they like all this kind of stuff. Commissioner Plummer: ...about how many people that are going to be there after the developer leaves and makes his profit and goes away. And, Miriam, if there was ever an area that needed off street parking., it's Little Havana. Commissioner Alonso: It's fine, they will have off street parking but the problem is this, if you require that they 10,000 square feet, what they are going to get is more of a ghetto because people will not come and invest in the area. As I tell you, only the people, small investor, will come to that area and build in such small lots. And we have old homes there, old houses, deteriorated buildings and unless it's a small investor, no one will have the confidence to come to this area and invest because it's not worthwhile to do it. Mayor Suarez: That's right. And the economics are clear. Sure, the economics are clear, you don't have... Commissioner Alonso: So, if you kill that small investor, the opportunity to come to that area, we are saying to the area, die, because we don't care. That doesn't make sense. What we have to do is say, one bedroom apartments, one space; two bedroom apartments, one space; and then we will have the _ = ability to say, we need less than 10,000 square feet. Because if we remain with this, what we are going to have is in lots of 50 x 150, 50 x 135 only two = units and that's not right. Fg =(j{ 116 January 25, 1990 x Commissioner Plummer, Well, how about if we look at it from a different concept. How about if we do it so you can only put so many units per square feet rather than a 10,000 foot minimum? Or 10,000 square foot minimum? Mayor Suarez: Yes, we already have the zero lot line requirement. Commissioner Plummer: Instead of 40 per acre, reduce that number down... Mayor. Suarez: Right. Commissioner Flummer: If a man has 5,000, he can put three units. If he has 7,000, he can put four units. Mayor Suarez: That also applies even to less than an acre, of course. Commissioner Plumper: But what I'm saying to you is, is reduce the amount from 40 per acre down and have less density. Mayor Suarez: Well, acre is 44,000 square feet, that's roughly one per what is it? -a thousand? Mr. Olmedillo: One per thousand, but what the Commissioner is... Mayor Suarez: So that applies all the way down to 5,000 or what J. L. is saying. If you have a 5,000 square foot lot under that criterion, you could do five. Mr. Olmedillo: Yes, but you would not not be addressing the Commissioner's concern. Commissioner Plummer: But, you can't do the parking. Mayor Suarez: But Miriam is saying, Commissioner Alonso is saying however, you can't even apply for it because the minimum of 10,000. Commissioner Plummer: No, what I'm saying is, let them apply... Mayor Suarez: Now, and then Commissioner Plummer's worried about parking. How do you take that into account? Mr. Olmedillo: I think two issues to clear it up and I think we can put it to rest. One is the parking... Mayor Suarez: Right. Mr. Olmedillo: The parking, and I think you may have a valid point, that that may be excessive for that area of the City and if you coincide on that... Mayor Suarez: We're not interested in your policy opinions. How do we solve the parking7 Now that we've solved the minimum amount, we think it's too high at 10,000. Mr. Olmedillo: You have for that particular district, R-3... Mayor Suarez: Right. Mr. Olmedillo: You have the limitations, or the parking requirements, as Commissioner Alonso has expressed it, one and two... Mayor Suarez: OK, work those out for us so that Commissioner Plummer is satisfied and... Mr. Olmedillo: One and two bedroom, they just need one parking space. Then the three bedroom and four bedroom will need additional parking spaces. But the one and two bedroom units... Commissioner Plummer: Why would we consider less than one parking space per bedroom? Mayor Suarez: Because the people who are living there don't have that many automobiles per family. 117 January 25, 1990 j — Connnissioner Plummer: In Little Havana? _ Mayor Suarez: That's right. You go into some of those quintuplexes that she's talking about and there's not a single... Commissioner Plummer: You don't travel the same back streets of Little Havana that I do. _ Mayor Suarez: Sure, I do, — Commissioner Alonso: But what you are going to say if you do that, what you're going to say is the old houses are going to remain. No more buildings �- and put it very clear... Mayor Suarez: You're making illegal the existing uses, J. L. Commissioner Alonso: Yes, people are going to say, I have this old house standing here. I'm renting it regardless. It looks horrible but people need to pay me the rent that I request and it's going to remain the horrible old structure. While, if you give the opportunity to an investor, a small investor, to come into the area and say, I'm going to have a small, building, a nice looking building. He is going to provide parking in the building and he's going to provide better housing for the people. Mayor Suarez: And that individual will be seven or five minutes from downtown and will not be in a sprawling City, which is what we're trying to promote with your growth management legislation and all of that. Commissioner Plummer: Mr. Mayor, that's not my - my problem still remains to have less than 1 parking space per bedroom. To me... Mayor Suarez: Well, let me give you one example, in the housing advisory board for the County when we're dealing with elderly housing, we go to less than one parking per unit. Commissioner Plummer: Oh, elderly housing is a different story, but we're talking about the general run of the mill of the families. If you go down - let me give you an example. Mayor Suarez: No, but I was going to give you an extreme situation. I think if we even have gone down as low as half per unit, not even per bedroom. Commissioner Plummer: Oh, I understand that and that's understandable because the elderly don't own cars. Mayor Suarez: Right, and a lot of these units are, in fact, inhabited by elderly. Commissioner Plummer: Mr. Mayor, if you go down right now S.W. 7th Street, using that as the example, now that it's been widened, you find cars all over the side walk, you find them all over the front yards... Mayor Suarez: That's because we made it into a thoroughfare for the = suburbanites to leave downtown and the people - right. Commissioner Plummer: Well, but I'm saying... Commissioner Alonso: Exactly, and they cut the front lawns of these people and they did not make... Mayor Suarez: Sure. We took away, yes, we took away their... Commissioner Alonso: ...also because there are a lot, lots, of illegal units and the don't provide for parking but it's not because of a building like this. Usually buildings are not the one creating the problem with the b_ — ' parking. Most of the time what it is, is the illegal units, one resident who - has an extra garage with an extra unit, that's the one that is providing the problem. And I... } #� Mayor Suarez: Let's ask him what is your proposal? How many - what parking per bedroom or per unit, do you want to propose on this? m 118 January 25, 1990 — a Mr. Olmedillo: ice's asking you. Commissioner Plummer: Asking me? Mr. Mayor, I think it's reasonable one bedroom, one car. I just think that's reasonable. You've got to provide in the same way that you want to provide for people... Mayor Suarez: Are you suggesting, Commission Alonso, that we go less than that? Commissioner Alonso: What' I'm saying... Commissioner Plummer: ...you've got to provide parking or you're going to -- just create a problem that's getting worse every day, the parking. Mayor Suarez: I don't think... yes, I don't think anybody wants to go to less than one per unit. Commissioner Alonso: Do you know something? Commissioner De Yurre: Mr. Mayor... Commissioner Alonso: It's going to be better than the buildings that have been s we've been allowing all these years... Mayor Suarez: Yes. Commissioner Alonso: ...in Little Havana. All of these buildings were done legally. They exist there and they had less parking than this. Mayor Suarez: Sure. Commissioner Plummer: And, Miriam, the problem that I find in that area is that people have split their houses up and they're renting out to two families and three families... Commissioner Alonso: I know. I know. Commissioner Plummer: ...and that's where the problem is coming. Commission Alonso: That's exactly what I said. Mayor Suarez: And, in some cases, we should make it legal because it really is something that we need. Commissioner De Yurre: Yes... Mayor Suarez: Go ahead, if you have a suggestion here... Commissioner De Yurre: Mr. Mayor, one thing and let me tell you, my family and I, we lived on 13th Avenue, a block away from the Orange Bowl, for 21 - years and we lived in a fourplex which was a two bedroom per each unit and we had... Mayor Suarez: Total of 8 bedrooms? Commissioner De Yurre: What? Mayor Suarez: In effect, a total of 8 bedrooms. Commissioner De Yurre: Eight bedrooms and we only had four... Mayor Suarez: Pour units. Commissioner De Yurre: ...parking spaces for the whole building. And I think that's basically what we're talking about building in Little Havana. The problem is, and I understand there's a big problem with parking because you _ see cars parked... Commissioner Plummer: Everywhere. Commissioner De Yurre; ...there's no place to park. But ,yet, on the other hand, you see there's a need for housing and in order to supply that need for i ti 119 January 25, 1990 housing that exists, there has to be some kind of compromise. I wouldn't feel uncomfortable at all with voting for a motion that would state that for up to a one or two bedroom unit, you have to have one parking space. One parking space for a one or a two bedroom unit. I think that will - you know, you'd rather you can't have a utopia in a situation where there's a need that needs to be addressed. Mayor Suarez: And you cover most of the problem when you go to two bedrooms because there's very seldom three bedrooms. Commissioner Plummer: Well, let me tell you, I'll compromise to this point. One bedroom, one space. Two bedrooms, two spaces... Mayor Suarez: No. Commissioner Plummer: Three bedrooms or four, three spaces. Commissioner De Yurre: It's not economically feasible to go... Mayor Suarez: No, I'll stay with one parking lot in that area for two bedrooms and if you want to make it more for three, that's OK, but I'll stick to one for two, two bedrooms. Commissioner De Yurre: Yes. Well, I think that if we go like basically we're on the same wavelength, one parking space for, either a one or two bedroom unit... Mayor Suarez: Right. I got... Commissioner Alonso: Yes. Commissioner De Yurre: ...and then, as you go up, you have to add one parking space per bedroom. Mayor Suarez: All right. Mr. Olmedillo: May we say, efficiency, one and two bedrooms, one parking space. Mayor Suarez: Yes, of course, efficiency, that's less, Guillermo. Commissioner Plummer: One parking space for two, two parking spaces for three? Or three parking spaces for three? Mayor Suarez: No, no, two, two. Commissioner De Yurre: Two parking spaces for three, three for four. Mayor Suarez: You add one for each additional bedroom after two. Commissioner De Yurre: I doubt they're going to have any three bedroom apartments in that area. Mayor Suarez: There's no three bedrooms down there. Commissioner Alonso: I don't think they will build three bedrooms, four bedrooms in that area. Commissioner Plummer: No. Commissioner De Yurre: No. Mayor. Suarez: There aren't any, not in the areas we're talking about. Commissioner De Yurre: So are you talking about a one efficiency or one or a two bedroom unit, that's: it. Mayor Suarez: A one or two bedroom. One parking space. All right, I'll entertain that in the form of a motion. Commissioner De Yurre: I'll make that, that's my motion. 120 January 25, 1990 L' Mayor Suarez: Do you want to second so we can... Commissioner Alonso: Yes, I second. Mayor Suarez: Second. Any discussion? If not, please call the roll. You're not against it, are you? The following motion was introduced by Commissioner De Yurre, who moved Its adoption: MOTION NO. 90-86 A MOTION DIRECTING THE PLANNING DEPARTMENT TO CONDUCT A STUDY OF THE PROPOSED CITY OF MIAMI ZONING ATLAS PAGE 33 (N.W. 36 COURT BETWEEN 7TH AND FLAGLER STREET) FOR POSSIBLE MULTI -FAMILY PLAN DESIGNATION/CHANGE OF ZONING; FURTHER INSTRUCTING THE PLANNING DEPARTMENT TO AMEND THE PROPOSED R-3 ZONING DISTRICT IN THE NEW ZONING ORDINANCE TO REFLECT THE FOLLOWING PROVISION FOR PARKING REQUIREMENT: ONE PARKING SPACE FOR TWO -BEDROOM UNIT, TWO PARKING SPACES FOR THREE -BEDROOM UNITS, THREE PARKING SPACES FOR FOUR -BEDROOM UNITS. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: Vice Mayor Miller Dawkins. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to have to vote no. I just think that there's need, the need is for at the lower end is one bedroom, one space and I just feel very strongly that it's not going to help the situation, it's going to make it worse. I have to vote no on that particular item. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: Now, what about the 10,000 square feet? Mayor Suarez: What do you suggest, Commissioner Alonso, as a threshold amount that you would like to put into the legislation? Commissioner Alonso: Yes, according to the suggestion, in my discussion with them, they say they came up the 10,000 square feet mainly because of the problem of parking. If we don't have the parking requirement, they can lower the requirement. Right? Mayor Suarez: Yes, if it's not a - if this parking requirements not as stringent as they had put into the legislation, that we can go to a lower... Commissioner Plummer: How much lower? Mayor Suarez: Fifty by - do you want to make it 7,500 square feet? Commissioner De Yurre: No, you'll have to go less. You have to go less than that. Commissioner Alonso: Less. Mayor Suarez: Less? Six thousand? Commissioner Plummer: Less than 7,500 for five units? Commissioner De Yurre: As long as you provide the parking. 121 January 25, 1990 Commissioner Alonso: I want you to know, Commissioner Plummer, that all the - buildings that... small buildings that are in the City of Miami, the area that they have, it's less. They could have it in five thousand and it's plenty... - — Mayor Suarez: Yes, zero lot line, 50 x 100. A lot of them are 50 x 100. Mr. Rodriguez: If it would help you... Commissioner Alonso: ...and it's the area that they have, the lots are not larger than that. Mr. Rodriguez: If it will help you to come to a figure, the present requirement is 5,000. Commissioner De Yurre: That's it7 Mayor Suarez: Go with five. Commissioner Plummer: But that's for a duplex. Commissioner Alonso: No, that's the requirement that we have in the City of Miami, period. Mr. Olmedillo: No, no... Mr. Rodriguez: For any lot. Mayor Suarez: For R-3, five thousand. Commissioner Plummer: Yes, but, hey, excuse me... Mr. Rodriguez: I just give you facts. Commissioner Plummer: ...maybe I'm missing the boat. Are we not trying to improve the area? Commissioner Alonso: Exactly. Commissioner Plummer: I don't see putting more people into the same amount of =_ property as an improvement, with less parking. Somewhere I'm missing the boat. Mayor Suarez: Wait a minute now, depending on the... Commissioner Alonso: Let me explain to you what the boat has. Houses that = look to you like one house, it's having really ten apartments. It's better to have a new building that follows all codes and regulations and it's only five apartments rather than having an old house with ten apartments in each. It's — much better to have it that way. A new building looking better in the area and improving the condition of the neighborhood, that's what it means. That's the bottom line. The difference between having that old house with ten apartments... Mayor Suarez: What is the height restriction? Commissioner Alonso: ...in that house. Commissioner Plummer: There's only one problem, Miriam. Mayor Suarez: J.L., let me do a little geometry here. What is the height -_ restriction? - Commissioner Plummer: Mr. Mayor, there is only one problem with that. That will be ten units in a new building until the certificate of occupancy and then the next day, it will be 20 units. _ t Mayor Suarez: Oh, no, no, no, no. Commissioner Alonso: No. Commissioner Plummer: It happens today. Why are you not going to happen in the future? 122 January 25, 1990 Mayor Suarez: No, no, no, no. - Commissioner Alonso: No, when you have a new... Mayor Suarez: Because nobody complains about anybody else because they're afraid they're all going to be turned in. But if you have a reasonable regulation, they can live with it. Commissioner Plummer: Yeah, come on. Commissioner Alonso: I bet to you. _ Commissioner Plummer: Come on. Commissioner Alonso: I bet to you, I bet to you that new buildings and we go and expect any new building and they can rent the new building at a better - — much better! So there's no need to divide the new building. Just go and make inspections, and you'll see. Mayor Suarez: Forty feet? Mr. Rodriguez: Forty feet. Commissioner De Yurre: The height? Mayor Suarez: If you had a three story building with a typical footprint of - what's the FAR? Mr. Rodriguez: We don't have FAR here. Mayor Suarez: There's no FAR in R-3s? OK, if you had a typical building of 3 stories and the footprint was 3,000 square feet, right? That would cover 60 percent of the 5,000 square foot lot, right? You would be able to put a total of 9,000 square foot of livable space in a 3 story building in that neighborhood, right? And still... Commissioner Alonso: No one will build, Mr. Mayor, more than 2 stories. Mayor Suarez: Three stories? Well, let me try three just for the geometry and see... Commissioner Alonso: Because it's not worth the investment. Commissioner De Yurre: You got a setback, you have your setback was 20 feet? Mr. Rodriguez: Twenty feet. Mayor Suarez: Can you build three stories, realistically there? Mr. Olmedillo: Yes. Commissioner De Yurre: Twenty feet and what's your front setback? Mr. Rodriguez: The front setback? Commissioner De Yurre: Yeah. Mr. Rodriguez: Twenty. Commissioner De Yurre: Twenty and twenty. Mayor Suarez: So, you got... Commissioner De Yurre: So what do you got to build? -a ten foot structure? Mr. Rodriguez: No, no, no, the front and rear... Commissioner De Yurre: OK. Mr. Olmedillo: No, there's front and rear setback.. 123 January 25, 1990 Commissioner De Yurre: Huh? Mr. Olmedillo: Front and rear. Mr. Rodriguez: Front and rear. I thought you were asking... Commissioner De Yurre: Front and rear, so that leaves you 60 feet. Mr. Rodriguez: No. Mr. Olmedillo: Typically, you have a hundred and thirty. Commissioner De Yurre: Well, yeah, let's say it's a hundred... —y Mr. Rodriguez: Also, the lots in the area are 124, 130, in that area. Mayor Suarez: We're looking at a 50 x 100 which is the minimum... Commissioner De Yurre: OK. Mr. Rodriguez: Oh, fifty, one hundred, will give you sixty. Commissioner Plummer: You know, I guess we're going to have to go back... Commissioner Alonso: Where do you put the parking if you really have 20 and 20? You need more. Commissioner Plummer: We're going to have to go back of a thing I've never understood to the architects in Cuba. How you throw a house out the window. Mayor Suarez: Oh right, the expression. "Botar la casa por la ventana." Commissioner Alonso: "Botar la case por la ventana." Mayor Suarez: That's what happens when you hang around with Cubans, J. L. You're getting all the sayings. Mr. Plummer: Yes, but that's what I'm seeing in these houses on 5,000 square feet. Mayor Suarez: I know who taught you that. I know who taught you that saying. Well, in most parts of Europe, folks, not to mention Hong Kong again because I've done it once today, you would be able to build a heck of a lot more than this in the inner city and thereby the traffic situation improves because people live close to where they work. That's the whole idea of this. And I don't know why our planners don't seem to like that. Commissioner Plummer: Yes, but you know, let me tell what you're not saying, Mr. Mayor. You know why the Japanese have so damn much money? Because they can't buy a house, that's why they have money. They don't have any housing over there. They have to rent. Now, is that what we're trying to develop? Mayor Suarez: Obviously, to be a successful funeral home director, you don't have to know anything about economics. Commissioner Plummer: You could bet your bippy I'm not a damn lawyer. I'm saying, look, to me... Mayor Suarez: We're envisioning, you realize we're envisioning what is already there, that's all we're doing. Commissioner Plummer: I understand that. Mayor Suarez: And we want to make that legal and improvable so that they don't have to let it deteriorate. Commissioner Plummer: But when you start - in my way of thinking, when you start building five units on 5,000 square feet, with less parking, I just cannot see where you're improving the area except, yes, I can acknowledge you got a new building. But instead of an old ghetto, you've got a new ghetto. 124 January 25, 1990 U 11 Commissioner Alonso: OK, no, let me explain to you example of a six unit apartment... Let me give you an Mayor Suarez: Yes, that's what I was trying to do, a little geometry. Commissioner Alonso: OK, the front of the building as the old structure went, you had in the front of the building, you could have two parking spaces, in the front. If you go to the back of the building, if they allow the parking in the back, you could have six parking spaces in the back. If you go as the new system that they started in front of the building, you could have, what? - four? Mayor Suarez: Four across. Mr. Olmedillo: Across. Commissioner Alonsos Four each side. Right? Commissioner De Yurre: No, four in front. Mr. Olmedillo: Oh, no, you can have four across the front. Commissioner Alonso: Four across the front. Mr. Olmedillo: And if you want a drive through... Commissioner Alonso: Nine. Mr. Olmedillo: ...then that's a different matter. Commissioner Alonso: Nine. And that's they do. They have everywhere in the City of Miami, drive anywhere, 6th Street, 7th Street, anywhere. Mayor Suarez: They must have been legal when they built them and... Commissioner Alonso: Oh, of course! It is, it is all over the City of Miami. Mayor Suarez: And if you don't do this, what you have is what's called gentrification. You're saying the only people that can live in the inner city are the yuppies, the ones that have high incomes that can afford to buy units with all the square footage and all this parking and all that kind of stuff. All right, we've all argued our urban planning philosophy long enough. Why don't we vote? Commissioner De Yurre: Five thousand square feet. Commissioner Alonso: Yes. Mayor Suarez: Minimum 5,000 square feet for the R-3s. So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 90-87 A MOTION MODIFYING THE PROPOSED NEW ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE MINIMUM LOT SIZE IN THE R-3 DISTRICT FROM 10,000 SQUARE FEET TO 5,000 SQUARE FEET. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 125 January 25, 1990 11 AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: Vice Mayor Miller Dawkins. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I can't see it as an improvement, I have to vote no. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: What's your... are you finished, Commissioner, on R-3? Commissioner Alonso: Yes, yes. Mayor Suarez: What's your last wish? Ms. Lewis: My last wish, on behalf of the good folks who live and work in SD- 5... Mayor Suarez: Transferable development, no? Ms. Lewis: One bite only. Mayor Suarez: All right. Ms. Lewis: In SD-5 and SD-7, which is the composition of the Brickell Area Association, on whose behalf I am speaking, is to let you know that we believe that this ordinance that we have before you tonight is a substantial improvement over 9500. We're pleased with what the planning department has done with regard to R-2 districts. - We would like your direction to be given to the planning department tonight that they continue working with our membership on two areas. The first area is with regard to liberalizing retail usage within both of the districts. Our members find that their work force which comes down Brickell Avenue needs... Mayor Suarez: You got it. Right here. I don't know about the other Commissioners, absolutely no problem with that. Ms. Lewis: The next thing that we would like you to direct staff to continue to work, with us on is... Mayor Suarez: In fact, there should be no restriction whatsoever that I can imagine to the amount of retail you'd want to put there. That way, people can shop on Brickell and they don't have to go to Dadeland. Ms. Lewis: Thank you, Mayor. Thank you, Commissioner. Mayor Suarez: What was the other one? Ms. Lewis: The other is with regard to clarifying that high density residential should be permitted within both districts subject only to the configurations of the individual lots. Mayor Suarez: High density residential. What is she talking about? What is this? Ms. Lewis: High density residential is... Mayor Suarez: How high density residential? Ms. Lewis: How high? Mayor Suarez: Yes. Ms, Lewis: How high is high? High is essentially without an artificial dwelling unit per acre limitation. Me. Lewis: And that's consistent, Mayor, with the comp plan and specifically with regard to the downtown master plan. Mayor Suarez: In that area, there would be no limitation at all? Ms. Lewis: Whatever the footprint of the lots can bear. Mayor Suarez: And the market. Ms. Lewis: And the market. Mayor Suarez: Obviously. What about that? Why should we try to artificially limit the number of units per acre? What sense does that make? Mr. Olmedillo: Well, what we have is indirectly through the comprehensive plan we have, let's say a hundred units per net acre. That will limit the number of units, then what, I think Ms. Lewis is attempting to... Mayor Suarez: But that only says what, it doesn't say why, Guillermo. Why would we do that? Mr. Olmedillo: Because we have to restrict density to match the level of service that we can provide the citizens of the City of Miami. Mayor Suarez: What says that a hundred is the magical number per acre? I don't understand. Mr. Rodriguez: Mr. Mayor, we don't want to limit residential in Brickell. The only thing that we are, at this point, is that we're trying to reflect what we show in the camp plan, a maximum of 100 dwelling units per net acre. And that we're... Mayor Suarez: Somebody pulled that out of thin air and you want to stay with that now for the next 50 years. Mr. Rodriguez: If I may finish. What we're proposing to do is amend the comprehensive plan to remove that top limit, that 100 that we have now. You just said it's going to take us a while to do it. Ms. Lewis: We support that. Mr. Olmedillo: And we'll work with them. Mr. Rodriguez: Yes, and we're support. Mayor Suarez: You mean, she agreed with you all that time? Mr. Rodriguez: We have agreement all the way through. I mean, we took a long time to give agreement. Commissioner Alonso: They're very pleased. Ms. Lewis: And TDRs. Thank you. Mayor Suarez: That's it? We're finished, we're ready to vote on the ordinance as a whole? Apparently not. Mr. Rodriguez: Just one question. I don't know - I know exactly how you feel about TDRs, but I don't know whether you decided to remove transferable development rights from the ordinance or not. Mayor Suarez: I was hoping you wouldn't bring that up, but, yes, we ought to vote on it at some point. Mr. Nestor Mendoza: Yes. I have a property, may name is Mendoza. I'm representing the owners of N.W. 7th Street, 4861. Mayor Suarez: And you were sworn in? Commissioner Plummer: Are you a lawyer? 127 January 25, 1990 Mr. Mendoza: No, Mayor Suarez: You were sworn in. And are you a registered lobbyist, if you're being paid for this representation or... Mr. Mendoza: No. Just vice president of the corporation. Mayor Suarez: OK, you got to do both. Commissioner Plummer: What? Mr. Mendoza: I'm vice president of the corporation. Mayor Suarez: Vice president of the corporation. But you're not being compensated for your appearance here? Mr. Mendoza: No. Mayor Suarez: OK, then, swear him in, please. Anyone else that's going to testify, this is your last shot at being sworn in. Anyone else? There's a lady. Ma'am, were you sworn in back there? Joe, or Bob, would you ask the lady that was going to testify on the matter? Have you been sworn in, ma'am? UNIDENTIFIED SPEAKER: No. Mayor Suarez: OK, just... Ms. Celia Katchen: Celia Katchen, 2321 S.W. 27th Terrace. Mayor Suarez: OK. Great, let's swear both of you in at the same time. This is it for any testimony on this item, I hope. Ms. Katchen: I'm on number, special item number six, That's what I'm here for. Mayor Suarez: Right. Might as well swear you in, I'm just trying to do this - please. Mr. Rodriguez: That's later. Commissioner Plummer: It's 22nd, yes. Mayor Suarez: Administer the oath. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: OK, sir, what was the area again that you described? Mr. Mendoza: 4861 N.W. 7th Street. Mayor Suarez: 4861 N.W., that's over by Blue Lagoon. Commissioner Plummer: Shopping center. Mr. Mendoza: Right. Commissioner Plummer: The shopping center. Mr. Mendoza: Commissioner Plummer: And what do you want to do? Mr. Mendoza: OK, the property adjacent to it has a zoning of RG-3/6. Our property has a zoning of RG-3/5. Since this is a high density area, what we want is to have the same zoning that is to the west of the property. Commissioner Plummer: Everybody wants more density. Mr. Mendoza: Well, this was already approved as a high density area. Commissioner Plummer: Yes, but how high? That's the problem. 128 January 25, 1990 1 ■ii Mr. Mendoza: Well, it was approved last year. Commissioner Alonso: What page is that? Mr. Rodriguez: I think it's 31. Mr. Mendoza: Go ahead, give me one, so I can know what I'rr talking about. Mr. Rodriguers I'm sorry, did you say 4861 N.W. 7th Street? Hello? Commissioner Alonso: Sir., you say... Mr. Rodriguez: 4861 N.W. 7th Street. Mr. Mendoza: Correct. Mayor Suarez: This, by the way, this letter that you have just handed to me, is on behalf of Carolyn Weiss... Mr. Mendoza: Correct. Mayor Suarez: ...and I gather she supports what he is asking for. Mr. Mendoza: Yes, sir. Mayor Suarez: And it's introduced into the record, Madam City Clerk. It's pretty tricky of Carolyn to support this when she's in the Far East some place and hasn't arrived yet. Mr. Mendoza: She's here. Mayor Suarez: She's back? Mr. Mendoza: Yes. Mayor Suarez: City's not safe anymore. Just kidding. All right, anybody have any problem with this? Mr. Rodriguez: What is the request? Mr. Olmedillo: What you have in front of you is R-4, which it's a 1.72 FAR, which, I think, is what they are asking for. So', it's already in front of you. Mayor Suarez: You may already have what you want. You have R-4, 1.72 FAR, incredibly, that is the same FAR that the Omni area has north of... Mr. Rodriguez: No. Mayor Suarez: No? North of 17th? Doesn't it go down to 1.72? Thank you, Guillermo. Mr. Rodriguez: What portion of the Omni? Mayor Suarez: See, he wants to contradict me all the time. Mr. Rodriguez: No, no,, no. But I thought you were talking about the Omni area that we have the high intensity of in Omni. Mayor Suarez: There's a point at which it goes right down to 1.72 right around the Omni. Mr. Rodriguez: OK, north, I'm sorry. Mayor Suarez: Incredible. Incredible. Commissioner Plummer: Well, let me ask a question. Mr. Rodriguez: Linkages. TDRs. Commissioner Plummer: Why would they be entitled to a change? 129 January 25, 1990 Mr. Olmedillo: In the simplification of the districts, this was sector 5 and sector b. When we did away with the LUI, we were saying, the... Mayor Suarez: With the what? Mr. Olmedillo: With the LUI system. Mr. Rodriguez: LUI system. Mr. Olmedillo: That complicated... Mayor Suarez: That's the word I was trying to figure out that you were referring to before. With the what system? Mr. Olmedillo: LUI, land use intensity system. We did away with it. Mayor Suarez: No acronyms, please. Mr. Olmedillo: Don't worry about it, we did away with it. Mayor Suarez: Tell us what the hell you're talking about. The LUI system. That's the one we just got rid of? Mr. Olmedillo: Yes. Commissioner Plummer: Yes, we've got rid of the LUI and we got the kafooie. Mayor Suarez: The LUI system. Mr. Rodriguez: What is he saying? Mr. Olmedillo: And then what you simply have is that on the main thoroughfares, everything is the same intensity. So these people under that criterion, have the same intensity as everybody else. Mayor Suarez: They don't really need anything from us. Commissioner Alonso: They don't, really. Mayor Suarez: Apparently, they're encompassed by the changes proposed. Commissioner Alonso: They have what - you have what you want. It's right there. Mayor Suarez: You got it, Toyota. Commissioner Alonso: You got it. Mr. Mendoza: Thank you. Mayor Suarez: That's it. Ma'am? Last one and we're going to move on to... Mr. Rodriguez: No, the lady, I believe, is in another item, Mr. Mayor. Mayor Suar,,z: The SOS item, all right. Transferable development rights. Commissioners, we have to decide. I see a bunch of people, nice people, intelligent people, that somehow favor it. I am totally against it for reasons you have heard because I think it's unnecessary. We would give therm what they wanted, if they just came and asked for it. But, it's up to you. We have to vote on it. It's in the ordinance otherwise, right? If we take it as a whole. Commissioner Alonso: I don't know. Mayor, you made it sound so complicated, so difficult, so against the people that want to develop the area, that it's incredible. I had the impression, when they explained the entire package to me, I thought it was a challenge, I thought it was interesting the approach, I thought it was an interesting feature that we were providing, but right now I'm not certain where I stand. Mayor Suarez: Mr. Plan... I got an idea. 130 January 25, 1990 Mr. Rodriguez: Map i suggest something? Maybe it will help you. Mayor Suarez: Yes, Mr. Planning Director, is there any way we can do this without having to have an exchange of development rights and still carry out the same purpose of allowing... or am I just not being Machiavellian enough? Do they really want to engage in this selling and purchasing of transfer... Commissioner Alonso: They want to gain... Mr. Rodriguez: I couldn't say that. But... Mayor Suarez: Well, I mean, that may be part of the reason, I don't know. For all I know, there's people that want to sell development rights that nobody else thinks are worth anything. Mr. Rodriguez: What I was thinking that maybe - I don't know if you're inclined to do this - why, since this is first reading, why don't you leave it alone for this time and then second reading you can always remove it. Mayor Suarez: OK, that's interesting, but how about an answer to my question? Is there any way to do what we want to do, which is to allow the variation on the ability to develop in the areas where they consider would be transferee areas that we want to encourage development in without having to trade in some development rights and still carry out all the same purposes of the ordinance as proposed➢ Mr. Rodriguez: One way of handling that might be that we establish a cap on how much you can increase a particular area... Mayor Suarez: Well, 25 percent, as you already have in there. Mr. Rodriguez: And, like we have also checking with all the levels of services that we have, as we mentioned before... Mayor Suarez: Right, it's got to be within the comprehensive neighborhood master plan and also the growth management criteria and they make a contribution... Mr. Rodriguez: Don't call it a transfer development rights and just add the... Mayor Suarez: I'm sorry? Mr. Rodriguez: Don't call it a transfer development right, just add development rights on a case by case basis coming before you... Mayor Suarez: But how do we get money out of it the way Commissioner Plummer was... Mr. Rodriguez: You get a major use permit in each case and then there has to be a justification for each case that is brought before you and they will have to pay a certain amount of money and I will have to get the... Commissioner Alonso: Is that legal? Mr. Rodriguez: I would have to get the support from the legal attorney... Mayor Suarez: Commissioner Alonso, before they answer it, let me tell you they first told me it was illegal in 1985, then a very nice attorney, by the name of Lynn Danhyser, did some research and found an ordinance in Massachusetts that had been interpreted by the Supreme Court of the State of Massachusetts to be legal and then they started changing their minds. And this was not... Mr. Rodriguez: We have linkages in our ordinance since 1981 or 182. We have it in two areas of the City and we're proposing it today with the SPI-21, in River Quadrant to have a third area. What the Mayor is proposing is to have it throughout the City and increase the FAR ratio up to 25 percent, if you pay a certain amount of money for a particular fund. We would have to get support from the law department as to whether this is - could be contract zoning or not. 131 January 25, 1990 Mayor Suarez: He already told me it was legal, I have the opinion and tie's not going to contradict Lucia Dougherty, I'm shire. Mr. Rodriguez: Why, will this will be considered contract zoning or not, but other than that, instead of calling transfer development rights... Mayor Suarez: We've gone through the legal arguments already on that. If it's adequately drafted, it's been approved by... Mr. Fernandez: Upheld, correct. Mr. Rodriguez: I think it was a little bit different from what you're proposing, but I mean, what I'm proposing now is, instead of calling a transfer development rights, just add development rights and... Mayor Suarez: Or bonus development rights. Development right bonus, together with a little contribution to the City so we don't have to do it in the blatantly... Mr. Rodriguez: If it make you happy, call it linkage, yes. Mayor Suarez: ...the way that we've been doing it. Commissioner Alonsoe Mayor, let's hear from the lady. She's saying no, no, no. Why? Mayor Suarez: Because she wants to sell development rights, that's why. Ms. Anderson: I hope not, because there is no money really in that. Mayor Suarez: What's wrong with doing it without having to sell any - I don't understand. How could you be against that? Ms. Anderson: Let me explain to you the perspective that I have as we worked on this. First of all, the City already has development rights as we discussed in all areas of the City. That's what's on a piece of land when you buy a piece of land, is the right to use it and to put a building of a certain size on it. Most of the commercial areas of the City - in fact, most of the areas of the City do not have buildings of the full size that they would be allowed by development rights, and in some of the mixed use areas, not all of the uses have been built. For example, Brickell Avenue, most of the buildings are office buildings and they had unused residential development rights. Mayor Suarez: Right. Ms. Anderson: The City wants to encourage residential development. If you increase the development rights, again, in any part of the City, you're adding to bigger buildings. You're not using now what you've already given to property owners... Mayor Suarez: It may not be - the economies of scale may say, may dictate not building that building up to that height, but if you give a little bit more density, then economies of scale might indicate that it's non feasible. Ms. Anderson: But, if you take individual lots and each individual lot has the right to always get bigger, you're going to build, in some instances, buildings that are in small areas of the City that are so large, that the market doesn't fill them up quickly and the rest of the area sit there and decline. Mayor Suarez: Do you think people are going to continue doing that against their own enlightened self interest? And, if so, why do we worry about it? I don't care if Mr. Gould built Miami Center and... Ms. Anderson: I agree with you that Mr. Gould... Mayor Suarez: And it cost $250 million dollars and have to sell it for a hundred and seventy. Ms. Anderson: Mr, Gould might build... Mayor Suarez: It's a very nice looking building. 132 January 25, 1990 0 4P Ms. Anderson: It's a wonderful building and a great place, but all... Mayor Suarez: Why should I tell him what he should build and what he shouldn't? Me. Anderson: You shouldn't. But if he didn't build that building of that size and someone else in another area of the City wanted to build some of what he didn't use, why not use up what you've already given him, collect the taxes from it and spread around the existing uses before you create more? For one thing, then you don't have... Mayor Suarez: You haven't given me one hypothetical that makes sense for the transfer of development rights. Ms. Anderson: If you take the unused residential development rights in a Brickell Avenue lot that is currently developed as an office building and move some of those residential development rights to East Little Havana, you will accomplish a lot of things that you would like to do. Move those unused development rights to Coral Way. Mayor Suarez: Hal Ha, hal What we just did before is what will allow more residential density in Little Havana, not transferring anything from Brickell. Ms. Anderson: But you're going to create again, lot by lot, individual application by individual application, some awfully big projects that are out of proportion to the area without using up what you've already dedicated to those owners. Mayor Suarez: But if you have a very large project that is out of proportion to the area, we should forbid it right now and downzone it. Ms. Anderson: That's another question. The other thing is, you already have a TDR section of the existing 9500 ordinance. Mayor Suarez: Which we should get rid of forthwith. Ms. Anderson: Well, it hasn't been used and one reason it hasn't been used is that it's been so restrictive that it hasn't made any sense. Every City has this, Mayor. And I know... Mayor Suarez: Ah, so we got to have it because everybody else has it. Ms. Anderson: No, you don't. But if you don't have it, you're eliminating a good tool for development and why not have it and if it's used, why not have the benefit of it and if it isn't used... Mayor Suarez: Because we're giving you all the benefits of it without having to trade any development rights in an area that we want to encourage development also. Most of the areas that you have told me would transfer development rights, are areas where we'd also like to have more development. Ms. Anderson: I know you would. Mayor Suarez: And if you - then tell the person you have now transferred it, you can use it for your development there, then they may be discouraged from building in East Little Havana or the other areas that you previously mentioned to me from which you might transfer development rights. Ms. Anderson: What I'd like to request is time to work with staff to try and make it work or to suggest an alternate that accommodates you. If you'd let us do that. Mayor Suarez: I don't know. The rest of the Commission may want to inquire. Commissioner Alonso: I have a question. Do they get more through this iethod or the suggestion that came through the ideas that the Mayor had will not provide that the end, the same result for any particular property? Mr. Rodriguez: I haven't explored completely the complete effect of the Mayor's proposal. The only thing is... 133 January 25, 1990 0 Commissioner Alonso: Well, he's saying instead of buying from another property, we just do it directly with the person. Mr. Rodriguez: Yes, oh, I understand that. What I think we are doing with the transfer of development rights is that we have total and we're taking a little piece from here without affecting the total and putting it over here. What the Mayor's proposing... Commissioner Plummer: But, you see, you're not talking about a little piece, you're talking about 25 percent... Commissioner Alonso: ...five percent. Mr. Rodriguez: I'm trying to give you an example. Commissioner Plummer: Well, give me the full example. Mr. Rodriguez: OK, the full example, if you take a piece from here, however big it might be, from the whole of the County, of the City, and the particular area and you are moving that piece over here without affecting the total of the City and the level of service that we have to provide for the whole City. In the Mayor's proposal, if I understand it correctly, you are adding pieces over here without concern for the total. Mayor Suarez: No, what I'm saying is, here's your... Mr. Rodriguez: Without taking a balance, that's the only thing. Mayor Suarez: ...here's your geodesic dome you're talking about right here, OR? the envelope. I'm saying, allow a little bit of - a little bit higher if you pay us, because right now, in some areas, they're not even going to this height, let alone this. Mr. Rodriguez: I know. But, in total... Commissioner Plummer: But, you know, in the Brickell area... Mr. Rodriguez: In total of the whole City, if you look in general of the whole City, what you're doing with your... Mayor Suarez: No, no, no, no. I'm not looking at the whole City at all. Commissioner Plummer: Sergio... Mayor Suarez: I have absolutely no interest in transferable development rights in the neighborhoods at all... Mr. Rodriguez: I know, we don't have that either. Mayor Suarez: ...they have no use there. I can't even imagine... - Mr. Rodriguez: No, no, no. Let me explain myself. Mayor Suarez: ...the application there at all. Thinking of the central business district, the Omni and Brickell. Really can't think of any... Mr. Rodriguez: The central business district doesn't need it. We established already. Commissioner Plummer: Why does Brickell reed {t? Mr. Rodriguez: Because Brickell have a limitation on the floor area ratio. Cc^nissioner Plummer: What is their limitation? Mr. Rodriguez: Six or something like that. Commissioner Plummer: OK, six... Mr. Rodriguez: Uh huh. Commissioner Plummer: ...plus bonuses. 134 January 25, 1990 Mr. Olmedillo: No, including bonus. Mr. Rodriguez: Including bonuses. Commissioner Plummer: Huh? Mr. Olmedillo: Six twenty-five including bonuses. Mr. Rodriguez: Six twenty-five with bonuses. Commissioner Plummer: Six twenty-five with bonuses. Now, how much more do you want in the Brickell area? Ms. Anderson: We don't. Commissioner Plummer: How much more will the Brickell area stand? Mayor Suarez: They don't. That's another non example. What is... Mr. Rodriguez: That is the one that you can establish. Mayor Suarez: They don't, they're not asking for that. That's the area from which they would take development rights. So what's the area then to which you would apply them? The Omni? Mr. Rodriguez: I don't think that - they are saying no but I think that's one of the areas in which it will be... Mayor Suarez: Well, they're the ones requesting it. What's the area to which you would... Ms. Anderson: Wynwood, Coral Way, Third Avenue along Coral Way that... it would be a wonderful place for residential development if there was an incentive... Mayor Suarez: We don't want to change the zoning on Coral Way... Ms. Anderson; I'm not talking about... Mayor Suarez: Did you see all the neighbors here before? Ms. Anderson: It doesn't change the zoning. It does not change the zoning. Mayor Suarez: It increases 25 percent. the FAR. We already have... he was Just telling theca what you could build over on that Miracle Center property... Ms. Anderson: Bad example. Mayor Suarez: ...with the zoning envelope that we have. Ms. Anderson: I take it back. Commissioner Plummer: Why are we trying to turn this City into New York? Ms. Anderson: We're not., Commissioner Plummer: I mean, most of the people in this City don't want to live in caves. Ms. Anderson: No, no. Mayor Suarez: But, no, no, but you do want to encourage more vertical building downtown. Commissioner Plummer: Agreed, but we want high class vertical, we don't want, you know, tubby holes. Mayor Suarez: In some areas of downtown, I'll take anything that's built there. 135 January 25, 1990 s Ms. Anderson: In some of the areas of downtown where you want to encourage — development, you don't have a system built in that will say to somebody, here is an incentive, and this gives you a tool, one of many. Mayor Suarez: This gives you a great incentive to take a development right that you have in downtown, such as Mrs. Bauer who was here a little while ago... Ms. Anderson: OK. _ Mayor Suarez: ...and transfer it to Omni or to Brickell, thereby decreasing the chances that you will ever build anything nice around that - what was 7 it? -a meat packing plant, is that what it used to be? Commissioner Plummer: Yes. Bauer. Ms. Anderson: Mayor, what I think is at Omni... Mayor Suarez: This is all backwards, Sheila, I tell you. Ms. Anderson: What I think is at Omni and Brickell will never, really, need to use this concept, if anybody does. Mayor Suarez: Ah, now we got the CBb doesn't need it, Omni doesn't need it and Brickell doesn't need it. So what are we talking about? -Wynwood? Ms. Anderson: You're talking about areas of the City that need stimulation for development. Mayor Suarez: As a transferrer or a transferee? Who said Wynwood before? Ms. Anderson: Transferee. Mayor Suarez: As a transferee. Now, give me a hypothetical where somebody would transfer development rights so that they can build more in Wynwood. What do they want to build in Wynwood? Whatever they want to build in Wynwood, I approve. Commissioner Alonso: Oh, I wish they'd build In Wynwood. Ms. Anderson: Wynwood is a... Mayor Suarez: Twenty-five percent more? Approved. Ms. Anderson: Exactly. Whatever they might want to do, whatever they might want... Mayor Suarez: What's prohibited in Wynwood? Me. Anderson: Whatever they might want to do and Overtown, where you would encourage. Mayor Suarez: Yes, yes. Ms. Anderson: Whatever they might want to do... Mayor Suarez: Twenty-five percent more, fifty percent more, seventy-five percent more, whatever they want to build in Overtown is fine with me. Ms. Anderson: Whatever they might want to build, an SPI 7, which... Mayor Suarez: Ah, where's that? Ms. Anderson: Between 1-95, between the Metrorail and Miami Avenue, south of the river. Mayor Suarez: The Metrorail, what Metrorail? Ms. Anderson: The Metrorail tracks that run parallel to S.W. 1st Avenue. Mayor Suarez: In Miami Avenue along... 136 January 25, 1990 Ms. Anderson: In Miami Avenue, south of the river. - Commissioner Plummer: Xavier, make your motion. Ms. Anderson: That district would be great for redevelopment. Mayor Suarez: Yes, I'm sorry. All of that should have almost no - if I'm understanding the area correctly, it should be almost no impediment to developing there whatever you want. Ms. Anderson: You just made my point. Mayor Suarez: So, just come and ask for it, we'll give you whatever development rights you want. Commissioner £lummer: Make your motion. Mayor Suarez: I would take either one of two things. Either we just take this out of the ordinance, or if we want to be creative and have a linkage ordinance where we can do, J.L. , what we do when people come for major use special permits or when they come for closing off roadways and so on, that you always get a voluntary contribution, you know... Commissioner Plummer: Take your choice, which one do you want? Mayor Suarez: I'd much rather go for the linkage ordinance. I think it's... Commissioner Plummer: Second. Mayor Suarez: OK. Mr. Olmedillo: And move to strike TDRs from this. Mayor Suarez: But, believe all the positive aspects of it. In other words, you can get the 25 percent increase if you make a contribution which you will tell us what is a logical contribution for the FAR increase and the parking... Commissioner Plummer: And it must come before this Commission. Mayor Suarez: Yes. Mr. Rodriguez: Right. Major use permit. Mr. Olmedillo: Major use permit. Mayor Suarez: OK, we have a motion and second. Commissioner Alonso and Plummer. Call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-88 A MOTION TO DELETE ALL SECTIONS IN CONNECTION WITH TRANSFER OF DEVELOPMENT RIGHTS FROM THE PROPOSED NEW ZONING ORDINANCE, AND TO INCLUDE A LINKAGE PROGRAM FOR UP TO AN ADDITIONAL 25% FLOOR AREA RATIO IN APPROPRIATE DISTRICTS, WHICH SHOULD BE CONNECTED TO A MAJOR USE SPECIAL PERMIT, AND BE EVALUATED FOR CONCURRENCY ON A CASE -BY -CASE BASIS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins 137 January 25, 1990 . _ Mayor Suarez: Anything else on this item? If not, I'll entertain a motion on the entire rest of the ordinance. Commissioner De Yurre: Moved. Mayor Suarez: Moved, as it is proposed. Somebody please second it. All right, I'll second it, just to get out of this quagmire. Mr. Fernandez: J.L., you're on the chair. Commissioner Plummer: Read the ordinance. Mr. Fernandez: With all the amendments that will be reflected by the time of second reading, on first reading... Mayor Suarez: Call the roll real quick. AN ORDINANCE ENTITLED - AN ORDINANCE, WITH ATTACHMENTS, REPEALING ZONING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AND SUBSTITUTING THEREFORE A NEW ZONING ORDINANCE TO BE KNOWN AND CITED AS "THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA"; WHICH IS ATTACHED HERETO AS EXHIBIT "A"; MAKING FINDINGS, CONTAINING AUTHORITY, INTENT AND PURPOSE AND SHORT TITLE SECTIONS; REGULATING LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, LOT AREA PER DWELLING UNIT, PARKING AND SIGNS; PROVIDING FOR ADOPTION THEREIN OF THE OFFICIAL ZONING ATLAS, AND THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; PROVIDING FOR ZONING DISTRICTS, PLANNED DEVELOPMENT DISTRICTS, SPECIAL PUBLIC INTEREST DISTRICTS, HERITAGE CONSERVATION DISTRICTS; DEFINITIONS AND GENERAL REGULATIONS; DESIGN STANDARDS; NONCONFORMITIES; PROVIDING FOR FUNCTIONS AND RESPONSIBILITIES OF CITY COMMISSION OFFICERS, AND BOARDS; SPECIAL PERMITS; SPECIAL EXCEPTIONS; PROVIDING FOR APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF PLANNING, ZONING BOARD AND CITY COMMISSION; PROVIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT, VIOLATIONS AND PENALTIES; PROVIDING FOR AMENDMENTS AND A RESORT TO REMEDIES CLAUSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 180 DAYS AFTER ITS ADOPTION. Was introduced by Commissioner De Yurre and seconded by Mayor Suarez and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: Vice Mayor Miller Dawkins. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: I'm going to vote no. No, I want to tell you why I'm voting no and I'm going to give them the chance to make theca get my vote on the second reading. I don't think we've simplified what we tried to accomplish. We have set out to simplify the zoning ordinance and I don't think we've done it. I don't think we've accomplished it. And I would like to have theca come back before the second reading for a simplified version which is what we asked for 138 January 25, 1990 so Eno' Ono Malp, III -.z:4. In the original inception. I will say, for the record, had it been any other way, I would have voted yes. But I want my no vote to reflect that I think that simplification more is still needed. Mayor Suarez: Yes, well I agree with that as far as future amendments. ice= COMMENTS MADE FOLLOWING ROLL CALL: — Commissioner Plummer: OK? It passes and if it had been the other way, I s would have voted the other way, but just to register... Mayor Suarez: I just have a question. Did you guys plan this so that Vice Mayor would not be present because of all the objections. =- — Mr. Olmedillo: Oh, you planned it. _ Mr. Rodriguez: May I say something? Take one minute? Mayor Suarez: He would not be - for the same reasons that J.L. stated, he would not be happy because the simplification hasn't really been enough. Commissioner Alonso: Remember, we have a second reading. Mr. Rodriguez: May I take one minute to, Mr. Mayor, to thank all the people that have been working on this. We have a lot of citizens that we have been working for, we've had more than one hundred meetings on this and realtor groups and developers and architects and lawyers and representatives from different industries and I really have to thank for all the tremendous amount of time they have put on this. I know that a lot of the negatives have been emphasized tonight because we're trying to resolve the issues in which we have differences. Mayor Suarez: Sure, where there's controversy, there's always an implication of negative, but it's been an... • Mr. Rodriguez: But I think I have to tell you that the amount of time put by these people, not only by them, but also by the staff, has been beyond the call of duty and I would like to thank publicly with this today. Mayor Suarez: Now we got through patting everybody on the back. 22. DISCUSS AND CONTINUE (TO SECOND MEETING IN MARCH) CONSIDERATION OF APPEAL BY OBJECTORS OF ZONING BOARD'S DECISION TO APPROVE PLANNING DIRECTOR'S APPROVAL OF CLASS C SPECIAL PERMIT FOR PROPOSED 19-STORY (251 UNIT) APARTMENT CONDOMINIUM ("THE OASIS ON BRICKELL"). Mayor Suarez: PZ-9 and then we go to SOS. John Fletcher. Mr. John Fletcher: Yes, sir, Mr. Mayor. Mayor Suarez: What do you have to say for yourself? Mr. Fletcher: John Fletcher, 7600 Red Road, would very much appreciate a continuance of this until 7:00 p.m. about two months from now. We have an agreement... Mayor Suarez: Both sides agree? Mr. Fletcher: Both sides agree, yes. Mayor Suarez: Because, otherwise, we'd have to swear you all in but in a procedural matter, I guess we don't. Commissioner Plummer: What is the reason for the deferment? Mr. Fletcher: I understand that the property has been sold to a new owner and that they're working possibly on different plans and there's no sense in going through this. 139 January 25, 1990 Mayor Suarez: It might be acceptable to the neighborhood. Mr. Fletcher: Yes. Mayor Suarez: That's great. All right? Commissioner Plummer: Yes, fine. Mayor Suarez: I'll entertain a motion to continue for - you want about 60 days? Mr. Fletcher: About 60 days and at 7:00 p.m. again, if you would, Mr. Mayor. Mr. Sergio Rodriguez: So it will be for the second meeting in April, the planning and zoning ►neeting in April at 7:00 p.m. Mayor Suarez: OK. Mr. Fletcher: Thank you very much. Mayor Suarez: Do you want to put your name in the record? Ms. Kathleen Cooper: Yes, Kathleen Cooper. I'm hero for Tony O'Donnell. Commissioner Plu:tuner: You're here for who? Ms. Cooper: Anthony O'Donnell. We represent the property owners. Mayor Suarez: OK, so we've got the objectors and the property owners. Call the roll. Mr. Rodriguez: Mr. Mayor, I'm sorry, I said 90 days, so it should be the second meeting in March, which is February, I mean, March 22nd, 7:00 p.m. Mayor Suarez: OK, 7:00 p.m. Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, PZ-9 WAS CONTINUED TO THE PLANNING AND ZONING COMMISSION METING OF MARCH 22, 1990, AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Mille: Dawkins. 140 January 25, 1990 C Ll [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF PLANNING AND 'ZONING ITEMS TO CONSIDER REGULAR AGENDA ITEMS.] 23. DIRECT ADMINISTRATION (PUBLIC WORKS DEPARTMENT) TO COME BACK TO NEXT CITY COMMISSION MEETING WITH RECOMMENDATION FOR SERIES OF ONE-WAY STREETS (BETWEEN S.W. 22 AND 24 AVENUES AND S.W. 24 AVENUE INCLUDING S.W. 27 TERRACE, 27 LANE AND S.W. 28 STREET ) - IMPLEMENTATION OF SAID ONE-WAY STREET DIRECTIONS TO BE IMPLEMENTED FOR PERIOD OF 90 DAYS. Mayor Suarez: On item six of the regular items, which is the one we've been calling SOS, how many people are here to speak on behalf of having some sort of a - what are we proposing? -a barricade? UNIDENTIFIED SPEAKER: We're against the barricades. Mayor Suarez: Raise your hand if you're in favor of the barricade. Is that generally what the red shirts and the SOS mean? OK, how many people are against the barricades, raise your hand. All right. Are you organized on the pro side to give us like, maximum of two or three speakers, please. Commissioner Plummer: There's only three people that are opposed. So you got three speakers there. Mayor Suarez: OK, yes, that's what I'm saying, and then we'll limit your entire presentation to six minutes and your entire presentation to six minutes. If there's only two of you, then you have three minutes each or however you want to split it. Commissioner Plummer: Mr. Mayor, could we hear first from the department, what they're recommending if it... Mayor Suarez: And let's hear it from the department on the recommendations. It's just the one street, right? It's a little less complicated then. Commissioner Plummer: Well, it is more than one street, that's the problem. UNIDENTIFIED SPEAKER: More than one street. Mayor Suarez It impacts more. Commissioner Plummer: Right. It's one street, but impacts a number. Mr. Luis Prieto: I'd like to use this diagram to show the effect of the present barricades running, of course, on 27th and Tigertail. The result of this barrier of westward movement by the neighbors here has forced them to move along 28th Street and, of course, Tigertail, and that's, of course, the reason that they're interested in putting barricades on 28th, 27th. However, obviously, the problem here is that it is almost impassable right now except to take U.S. 1 and Tigertail that presently has in excess of 8,000 vehicles per day from previous counts. It would be impossible to pass through here unless we permitted 28th to remain open. Commissioner Plummer: Eight thousand for streets that were designed for five hundred. Mr. Prieto: I believe all the departments, including Police, Fire, Public Works in the City are opposed to closing 28th Street or 27th Lane and we also have Metro on record opposing that. closure. Commissioner Plummer: OK, that's fine. Now, what do you do to eliminate 8,000 cars a day on a street designed for five hundred? (Applause) 141 January 25, 1990 Mr. Prieto: I appreciate the neighbors problems. What we can do is the _ following. There's several alternatives that I hope the citizens will _ consider here and the Commissioners tonight. One is to place along 28th Street two traffic control devices. One at L,ucaya, one at 23rd Street. Commissioner Plummer: What do you call a traffic control device? Mr. Prieto: These are devices that diminish the speed and sort of discourage... Mayor Suarez: Describe the physical characteristics. What are you talking about, Dr. Prieto? Commissioner Plummer: What is a traffic control device? Mayor Suarez: Don't give me a metaphysical definition. Commissioner Plummer: Is that a foot and a half bumper? Mr. Prieto: Yes, sir. Commissioner De Yurre: No, it's a wall. Mr. Prieto: I'll show you three possibilities. Mayor Suarez: There we go. Mr. Prieto: Now these do not discourage, of course, local people from using... Mayor Suarez: What do they look like, Dr. Prieto? Mr. Prieto: All right. This is the least innocuous one and it would mean raising the intersection about 4 inches. We can make it more. What it would make is a very unpalatable transition at high speed. Mayor Suarez: And if you got some kind of a nut driving, he'll go up into outer space as he comes through at 60 miles an hour. Mr. Prieto: It would loosen... Commissioner Alanso: You should not be going 60 miles an hour anyways. Mr. Prieto: It would loosen some teeth, that's right. — Mayor Suarez: I mean, the effect is that it discourages because it's dangerous if you go over them fast is the idea. Mr. Prieto: That's right, sir. Mayor Suarez: I didn't mean to be facetious, I mean, that's just trying to get through this here. Mr. Prieto: Right. Mayor Suarez: That's one alternative, that's interesting. Mr. Prieto: Second alternative is what are called chokers. Chokers are reinforced concrete curbs that essentially force the traffic to move aside from the center line and has an effect of reducing the speed. The third in the most... Mayor Suarez: So, the old squeeze them over to the side and hope he slows down trick. Commissioner Plummer: Which is the one that is the most obnoxious? Mr. Prieto: The third one, sir. Mayor Suarez: He's winding up. He's going to give you a good one now. What's the most obnoxious? 142 January 25, 1990 Mr. Prieto: The traffic cir... Mayor Suarez: Oh, look at that! Commissioner Plummer: What in the hell is that? Commissioner Alonso: Circle in the center could be wider. Mr. Prieto: A traffic circle we can make it with sufficient diameter that really forces these people... by the way, these are 30 miles per hour streets and we have... (SHOUTING FROM THE AUDIENCE) =- Mayor Suarez: Theoretically, theoretically. Mr. Prieto: We have had personnel out there counting traffic and we have — clocked 55 miles per hour on some occasions. Commissioner Plummer: Oh, yes. Mr. Prieto: So we recognize the problem. Now, the traffic circle can be made - _ sufficiently large so - in fact, we can place an oak tree in the middle, if you want to - so that it will force people to physically come down at least 15 =_ miles per hour to go around the traffic circle without hitting the curb. Now, —_ these are... Mayor, Suarez: OK, for creative award of the year, I nominate our Public Works Director, Dr. Prieto. You have been most creative. All right. f- Mr. Prieto: Now, there is a fourth alternative and the... Mayor Suarez: He wants to win a double award. Commissioner Plummer: We're getting more obnoxious each time. Go ahead. Mr. Prieto: This is the least obnoxious. Commissioner Plummer: No, no, no, no... Mr. Prieto: But it may, in fact, it's an inspiration from the higher authorities and I think it really has some... Mayor Suarez: This is not Commissioner Alonso you're talking about? Mr. Prieto: Yes, sir, I am. Commissioner Alonso: No, that was a problem that I had when I was living in _ the Maryland area, I was living in a new development and I got all the traffic in front of my street, in front of my house, and we requested that one way street and it did improve the situation because I know what it is to live in a street that gets the traffic from the entire area. I know exactly what it is. So I suggested that perhaps as an alternative... Mayor Suarez: A one way. Commissioner Alonso: ...we don't get this maybe a one way.... _ - Mr. Prieto: Well, the problems on 28th Street... Mayor Suarez: Could we do that on South Miami Avenue where I live? Commissioner Alonso: Come on, Mayor. - Mayor Suarez: Make it one way in the direction I happen to be going in. All right, go ahead. Mr. Prieto: We would suggest only westbound traffic on 28th Street. That would eliminate most of the speeders that seem to be going eastbound on that traffic, especially on morning rush hours, to be able to bypass the region. here of U.S. 1. We would then have eastbound traffic on 27th Lane. We would keep this small portion right here: where the Burger King is as a two way traffic and we would simply have the sign here barring entrance eastbound. 143 January 25, 1990 INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please, please. You're going to get your number of turns here, minutes and so on. Go ahead, Doctor. Mr. Prieto: I believe that this would accomplish also the purpose of reducing the through traffic and would reduce the traffic essentially to local traffic, which is the intent. Commissioner Plummer.- Let me ask if there isn't a in between? What happens if you were to make the street, 28th Street - hold it still, you're making me dizzy... Mr. Prieto: I'm sorry, sir. Commissioner Plummer: Let's just, for example, say 28th Street one way going west to 24th Avenue and one way east from 27th to 24th Avenue and the reverse on 27th Lane. You follow what I'm saying? Mr. Prieto: Yes, let me put some arrows here. Start over again. Commissioner Plummer: On 28th Street... Mr. Prieto: Right. Commissioner Plummer: ...go one way east... Mr. Prieto: One way east, OK. Commissioner Plummer: ...to 24th Avenue. Mr. Prieto: To 24th. This is 24th right here. Commissioner Plummer: That's correct. Mr. Prieto: So, you would only go east in this direction. Commissioner Plummer: Right, and from 24th to 27th Avenue, one way west and the opposite on 27th Lane., Why wouldn't that be a better compromise? Mr. Prieto: Sure, that's fine. Essentially, that would dissuade any through traffic and it would keep local traffic. Commissioner Plummer: Exactly. It would eliminate all the way through traffic. Why won't it work? Mr. Jerry Stankovich: My name's Jerry Stankovich, I live at 2505 S.W. 28th Street. Because the coming in in the morning come off 24th - you'll see people coming... in the afternoon rush hour, come off of 24th Ave., they turn right onto 28th Street... Commissioner Plummer: All right, then reverse it. Just reverse it then. Mr. Stankovich: Then you got the morning rush hour going the opposite way, down 28th to 24th. Commissioner Plummer: But, no, no, they can't do it. They can't do it in the morning. Mr. Stankovich: Why not? Commissioner Plummer: Because they can only go so far. Commissioner Alonso: It's one way. Mr. Stankovich: No, they go to 24th Avenue and then they turn and go on to U.S. 1. You're right. Commissioner Plummer: All right then, let's... Mr. Stankovich: Believe me, it's... 144 January 25, 1990 Commissioner Plummer: Well, hold on, wait a minute. Mr. Stankovich: Go ahead. Commissioner Plummer: I'm with you, remember? Let's make 24th Avenue one way. Mr. Stankovich: Then Mr. Healey can't get out of his house. Commissioner Plummer: That's his problem. No, he's got two accesses. He's got Calusa, he's got 24th Street - 28th Street. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLTC RECORD. Commissioner Plummer: I'm asking, will that accomplish, without putting up the barricades? Mr. Stankovich: Which way are you going to make 24th Ave... Commissioner Plummer: Whichever way you want. I don't give a damn. Which way you want it? Mayor Suarez: He means, he doesn't give a hoot. Commissioner Plummer: A hoot. Mayor Suarez: For the record. Commissioner Plummer: Which way you want it? Mr. Carl Lambert: It'll help if they turn it back on so we can see it. Commissioner Plummer: Turn it back on. OK, I'll tell you, I am ready to go with humps. That will slow them down for sure. Mayor Suarez: Is that the same thing as the bumps? Commissioner Plummer: The humps and the bumps. All right. Mayor Suarez: All right, all right, all right. We got the idea, you want the barricade. Commissioner Plummer: Doctor, I ask you again, if you make those with 24th Avenue one way either north or south, whichever is most advantageous, will that accomplish the saine thing? Mr. Prieto: Yes, sir, I believe it would. Commissioner Plummer: Do you all agree or disagree? Mr. Lambert: Well, the problem is that they can accelerate up to the next stop. Mayor Suarez: Did you put your name in the record so the... Mr. Lambert: Carl Lambert, 2500 S.W. 28th Street. Mayor Suarez: Carl, did you also get sworn in and all of those things? I'm sorry, you don't need to get sworn in in this part of the agenda, thank God. Air. Lambert: Right. Our position is that we are willing to do what will work. There's nothing magic that we want. We just obviously need some protection on this street. We appreciate Dr. Prieto being so imaginative in these matters, but the first things that he proposed will not work because no matter how the traffic is slowed down, they can accelerate from that point up to the corner of 24th. The one way streets have some merit, they appear to. All these people live on the street too. It's certainly up to them. Do you think we ought to try it for a while? Mr. Stankovich: Why can't we get the barricades that we're asking for? 145 January 25, 1990 Mayor Suarez: I'm ready to vote for the barricade but where are we here at _ this juncture now? Have the opponents completed their presentation? Mr. Dominic Lamberti: My name's Dominic Lamberti. I live on 2330 S.W. 27th Terrace. We'd like to be able to get out of the neighborhood without going on _ Tigertail or U.S. 1 because these streets are already very crowded and it's very difficult as it is with the other barricades on Aviation that have been put in. We understand the problems they have on 28th Street but when they ai bought houses there, it was the same problem. -_ (SHOUTING FROM THE AUDIENCE) Mayor Suarez: Please, please, please... All right, we're going to finish _ this hearing tonight with some semblance of order. Please, you'll get a chance to speak and, believe me, your numbers speak for themselves, so please ; let him finish. - Mr. Lamberti: And I don't think the problem is the local residents. I think — the local residents should be able to use the street, but we want to keep out =_ the people driving through to get to other areas of the City. That's the problem. So... - Mayor Suarez: What do you suggest? Any particular... F Mr. Lamberti: The one way program looks great. Mayor Suarez: OK. Mr. Lamberti: Because that will let us use the streets and keep the speeders out. Mayor Suarez: OK, at least in one direction you can use it. Commissioner Plummer: Well, if you go with on 28th Street, first of all, from 27th to 24th Avenue, one way east. From 22nd Avenue to 24th Avenue, one way, west. And from 26th Avenue to 24th Avenue, on 27th Lane, west and from 24th to 22nd Avenue, east, and 24th Avenue, north. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Prieto: No, it's exactly the opposite. It's exactly opposite from what I have it. Let me... Commissioner Plummer: Well, the only problem that you have there is if you go with the one way on 24th Avenue south, when you come down 28th Street, you've got to turn around and go back. That's why that won't work. Mr. Prieto: If the Commission would permit the department to study the one way traffic, meet with the residents, reach some sort of compromise, we would like to, perhaps, accommodate them on this issue. Mayor Suarez: OK, please, don't interrupt. If - put it this way - if - wait, ma'am, wait - if the -and then I'm going to move at some point the barricades, but if that doesn't pass, what he's saying is that we still have one other shot at trying to come up with a scheme. Commissioner Plummer: Well, wait, let me ask you this question. Where would you put the barricade? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: I'm asking him, you're not making the motion. Mayor Suarez: What is the proposal as far as the barricade? Mr. Prieto: We can't put a barricade there, Mr. Mayor. We simply can't move the... Mayor Suarez: What is the proposal before us tonight? Mr. Prieto: The proposal tonight is essentially to place control devices on 23rd and a control device on Lucaya. 146 January 25, 1990 Mayor Suarez: What are you asking for? UNIDENTIFIED SPEAKER: We're asking for a barricade near 26th Avenue. This is the ninth time we've been here so I don't... Mayor Suarez: Don't tell me near, on what street? Aren't you asking for a '= - barricade at the mouth of 28th Street there?- UNIDENTIFIED SPEAKER: No, no. Twenty-sixth Avenue. We want to leave Burger King the way it is and put it... Mr. Prieto: Right here... ti Commissioner Alonso: Twenty-eighth Street and 26th Avenue is where they want the barricade. Mayor Suarez: Aren't' you asking for a barricade on 28th Street? Isn't that what you...? UNIDENTIFIED SPEAKER: 28th Street and 26th Avenue. _ Mayor Suarez: Yes, roughly... _ UNIDENTIFIED SPEAKER: It will leave Burger King... Mayor Suarez: Presumably on the west side of 26th Avenue, right? Commissioner Plummer: Yes, right. - Mayor Suarez: So that people could at least... UNIDENTIFIED SPEAKER: Eaot side. — UNIDENTIFIED SPEAKER: It's the east side. Mayor Suarez: The east side, you're right, Thank you. Ms. Chris Ann Lamberti: Mr. Mayor, just for the record, my name is Chris Ann Lamberti, I reside at 2330 S.W. 27th Terrace. We, as residents of the neighborhood, were not notified of this meeting. That is why our numbers are = not here tonight. Mayor Suarez: I was wondering about that. - Ms. Lamberti: We were not notified. - mw Mayor Suarez: Because I remember... - = Ms. Lamberti: We found out about it yesterday morning. —_ Mayor Suarez: When the issue was first - I guess, if you've been following - the saga of this, it's been how many meetings? UNIDENTIFIED SPEAKER: Two years. - Commissioner Plummer: You're on what?-27th... - Ms. Lamberti: Terrace. — Commissioner Plummer: Terrace. = Ms. Lamberti: 27th Terrace and because of the barricades on Swanson, which leads to the stop light, the traffic light at Bird, which was a main entry and exit point for everyone in the neighborhood, and be it known I lived on Trapp - Avenue for a year. I'm very aware of what goes on over there. We looked for a house to buy in our same neighborhood and we found it. And now you're - telling me I can't get out unless I hit a major six lane highway and I really_ resent that. Commissioner Plummer: Which one is 27th Terrace? 147 January 25, 1990 UNIDENTIFIED SPEAKER: The one just south of So. Dixie Highway. Commissioner Plummer: Well, let me ask this question. Why can't we extend down to their street a one way pattern? Ms. Lamberti: That doesn't bother me at all. I just want to be able to get In and out of the neighborhood. Commissioner Plummer: Well, a one way street doesn't prohibit that. Ms. Lamberti: No. Ms. Cindy Cashew: The frightening thing is that barricades are put up on those two streets. I'm sorry, barricades are put up on those two streets, that leaves 27th Terrace, the only open street in that area, the only one and we're open from - excuse me - we're open from South Dixie Highway straight through to 27th Avenue and if our street is the only open street in that area, our lives will be a living hell, believe me. If you think they're having problems now, wait and see what will happen then. 'ale need.... Mr. Bob Healy: Your Honor, it does not run to 27th Avenue. It runs to 26th Avenue. Ms. Lamberti: Twenty-second. Ms. Cashew: Twenty-second, I'm sorry, twenty-second. From South Dixie Highway to 22nd. Commissioner Plummer: Just extend the one way streets down to them. Ms. Cindy Cashew; That is an excellent idea and it is a community solution to a community problem. It's not going to solve anything to shift their burden to our street. That's not a solution. The idea of one alternate one way streets is ari excellent idea... Mr. Bob Healy: Then why not remove all the barricades then? Ms. Cashew: Absolutely! Mr. Healy: Take them all away) Ms. Cashew: Absolutely, absolutely9 Mr. Healy: What she's saying is, we're going to dump on her but we've been dumped on ourselves. Mayor Suarez: Yea, that's certainly the case. The only reason I found at the time for voting one way on the southern end, or what I call the southern tier and differently on the northern tier, which is what we're dealing with now, was that he southern tier had this diagonal pattern which lends itself more to sort of a neighborhood feeling. The northern tier, it's sort of parallel to U.S. 1 and people, I suppose, have the expectation that when they bought there, that people would use that as an alternative route to U.S. 1. That's the only... Me. Lamberti: That's a false thought. Mr. Healy: Your honor, they used to run county buses on those streets back there. They never ran a county bus on 28th Street. But they ran county buses through the streets behind our house. So, therefore, they had less expectations than we did. We never had a bus. Ms. Lamberti: One other thing to be pointed out as was pointed out last May, that 28th Street had a large number of expectation by the county what they expected that street to carry and then on 27th Terrace, the part that angles off the highway is not much wider than a decent alley. And if you're asking that to be the south entry point because all the other roads are blocked, you will have serious problems. Mayor Suarez: All right, we, on this Commission, are about as familiar with this issue as any. The only possible person that would want to know more would be Commission Alonso. She hasn't been here that long and she hasn't seen the first seven of these hearings - eight - well, there's eight altogether, so presumably, there were seven. Whatever. I am not going to allow this to continue this argument. This Commission has got to make up its -- mind. There's one possible alternative that has been proposed tonight that seems to have some acceptance and that's the one way street scheme. If we, as _ a Commission, cannot agree to having the barricade on 28th Street and it's just up to the Commission. We have to decide. I don't know, I'm not going to have constant... Mr. Stankovich: Could I ask one more question? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Mayor Suarez: Or a combination of the barricade on 28th Street and one way streets for the rest of the neighborhood, which is is a hybrid.... Commissioner Plummer: I'll move, Mr.... Mr. Stankovich: Could I just mention one last thing? We're obviously fairly frustrated too, OK, about the whole thing. Mayor Suarez: Yes. Mr. Stankovich: I think, at this point, nobody wants to give up the barricades. Mayor Suarez: Did you put your name in the record? Mr. Stankovich: Yes, I did. Nobody wants to give up the barricades because we're afraid, everytime we've asked for something, we got nothing. And it's been for 2 years we've got nothing, so people are afraid to do that. Now, I think the consensus... I don't know, I'm speaking for a small group of us that were talking. We're willing to try something different than a barricade. If it works, but we would like the Commission to tell us if it doesn't work, you will continue to work for u�j to get something that will work. Mayor Suarez: Well, that's the danger. That's a danger, frankly, because it gets to the point that the Commission just cannot have this issue keep coming up and up, you know, all the time. So, anyhow, J. L., you were going to propose something? Commissioner Plummer: I'll move, Mr. Mayor, that the public, works come back to this Commission at the next.... you want to do it now? Not the barricades. No. (SHOUTING FROM THE AUDIENCE) Mayor Suarez: No, no, we know that you want the barricades. Ms. Lambertini: Excuse me, numbers were not available. Mayor Suarez: Please, please! The Commission is discussing this issue and no one else at this point. All participation from the residents is prohibited. Commissioner Plummer: I'll make a motion that the Public Works Department come back at the next Commission Meeting with a series of one way streets basically outlined as they were here this evening. Different one ways between 22 and 24 Avenue and 24th Avenue itself, including 27th Terrace, 27th Lane, and 28th Street. Mayor Suarez: Let me tell you, as to the numbers up here, just so you don't go away thinking we didn't try. I have one Commissioner on my right who's against the barricades flat out. I'm in favor generally and we have one that has just proposed an alternative scheme. It. doesn't look like the composition tonight you're going to get the barricade anyhow. So - without Commissioner Dawkins - so that's just a fact of life, OK? That's a numerical fact of life. Commissioner Plummer: Well, let me give them a little peace of mind, OK? We'll try that for 90 days. All right? If that doesn't work, as much as I hate it, I'll vote for the barricades. OK? (Applause) 149 January 25, 1990 Mayor Suarez: OK, the motion then is to implement a one way street... Mr. Stankevich: Could we make the suggestions? - - Mayor Suarez: ...no, no you clapped at the wrong time. He meant 90 days of the one way traffic pattern. Commissioner Plummer: If it doesn't work in 90 days... Mayor Suarez: Then, we try... Commissioner Plummer: ...we'll come back and I'll vote for barricades. Mr. Stankevich: Yes, but can we pick which way it's going to go? Can we be part of this? Mayor Suarez: I'm sorry? Mr. Healy: Can we be part of this? Commissioner Plummer: Sure. Mayor Suarez: Oh, yes. Commissioner Plummer: Sure. As far as I'm concerned, you can. Meet with _ him. Whatever meets the most - whatever does the most good is what I'm looking for. = Ms. Lamberti: Can we guarantee that the other residents will get some notification for the next meeting? Mayor Suarez: Yes, yes, yes, yes. Ms. Lamberti: Thank you. - Commissioner Plummer: Well, I would sure hope so because we're including all — three streets. Why don't you do this, Doctor. Why don't you have a meeting with these people in that neighborhood of all three streets. We will not accept anything less than a one way pattern coming back so that they know from right now. So what we're asking you to do is to go to these people, come up with a system that will be a one way street of significant nature to accomplish what they need. Mayor Suarez: OK, that's in the form of a motion for a 90 day trial period from the moment of implementation... Commissioner De Yurre: I'll second the motion. Mayor Suarez: ... and then to come back if not satisfactory for review and possible implementation of barricades. You know, I've said how I would vote. Commissioner Plummer: Barricades might work in my neighborhood. Mayor Suarez: Oh, barricades would be great in my neighborhood, but I'm not even proposing that at this point. OK, we have a motion, do we have a second? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: I don't know. Some people - some Commissioners feel that we should have never tried any barricades anywhere, that it just created more of a problem for our community. Mr. Healy: Right. Take them down. UNIDENTIFIED SPEAKER: Take them down. Mayor Suarez: I don't agree but I... UNIDENTIFIED SPEAKER: ...started a problem. 150 January 25, 1990 Mayor Suarez: I know, I know, I know. Some neighborhoods were planned from the start with barricades, for example, Bay Point, which 3.9 totally closed off. Anyhow, we have a motion. Do we have a second? Somebody second. Commissioner De Yurre: I seconded it. Commissioner Alonso: Yes, Victor did. Mayor Suarez: Oh. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-89 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE PUBLIC WORKS DEPARTMENT TO COME BACK AT THE NEXT CITY COMMISSION MEETING WITH A RECOMMENDATION FOR A SERIES OF ONE-WAY STREETS (BETWEEN S.W. 22 AND S.W. 24 AVENUES, AND S.W. 24 AVENUE, INCLUDING S.W. 27 TERRACE, 27 LANE AND S.W. 28 STREET); FURTHER STATING THAT THE AFOREMENTIONED ONE-WAY STREETS PROPOSAL WOULD ONLY BE IMPLEMENTED FOR A PERIOD OF NINETY DAYS. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Miller Dawkins. 24. BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING FOOD PROGRAM DRIVE TO BE CONDUCTED AMONG CITY EMPLOYEES. Commissioner Plummer: Oh, Mr. Mayor... Mayor Suarez: Yes. Commissioner Plummer: Mr. Mayor, I've been asked by Thelma of my staff - what the hell did I do with it? Commissioner De Yurre: Twenty thousand dollars for what? Commissioner Plummer: No, they would like to have a food drive for the migrant workers of all the City departments and if you would, please spread the word that they will so help out and foster the drive. Mayor Suarez: Absolutely. You know, if the new school superintendent wants to put that on his... he has a system of communicating with all the schools, whatever it's celled, it's very effective, 280,000 students get it. Commissioner Plummer: I'll recommend it to Thelma. Mayor Suarez: OK, this session is adjourned. 151 ■ January 25, 1990 THE BRING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSIOff. THE ME ING WAS ADJOURNED AT 9:11 P.H. ATTEST: Natty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Xavier L. Suarez M A Y O R I NCORPIORATEt) 152 January 25, 1990 CITY OF MIAMI � EWE DOCUMENT INDEX NEUM DAM JANUARY 25, 1990 PAGE Nw. 1 Of 2 GRANT REQUEST FROM BALLET CONCERTO COMPANY/CUBAN FOLKLORE OF MIAMI FOR WAIVER OF RENTAL FEES AND PERCENTAGE OF GROSS TICKETS SALES FOR USE OF THE MANUEL ARTIME PERFORMING ARTS CENTER FOR CERTAIN DAYS IN 1990. ACCEPT BID: DADE PAVING CORPORATION �- FOR LOCAL DRAINAGE PROJECT E-61 - AUTHORIZE EXECUTION OF CONTRACT. ACCEPT BID: M. VIVA ASSOCIATES, INC. - ALTERNATE BASE BID PROPOSAL FOR DOUGLAS PARK - PARKING LOT RENOVATIONS - AUTHORIZE EXECUTION OF CONTRACT. ESTABLISH SPECIAL MOORING AND DOCKAGE FEE FOR USE OF AVAILABLE SLIPS AT MIAMARINA CONCERNING THE MIAMI INTERNATIONAL BOAT SHOW. ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF ORANGE BOWL STADIUM BY POLYSPORT, INC. - FOR PRESENTATION OF THE CARIBBEAN BASEBALL WORLD SERIES. ACCEPT A SET FLAT FEE OF $15,000 AS MINIMUM GUARANTEE FROM THE NATIONAL MARINE MANUFACTURERS ASSOCIATION -- CONCERNING ITS "PARK AND RIDE" SERVICE ON WATSON ISLAND DURING THE MIAMI INTERNATIONAL BOAT SHOW. ACCEPT BID: FRANK J. MORAN, INC. - FOR REPLACEMENT OF A 183-CELL SUPPLY TO CITY'S COMPUTER DEPARTMENT *- FOR REHABILITATION OF ITS UPS BATTERY BANK WHICH SUPPORTS POWER SUPPLY FOR THE PUBLIC SAFETY COMMUNICATIONS SYSTEM- FOR DEPARTMENT OF F.S.A. AUTHORIZE EXECUTION OF AMENDMENT TO INTERLOCAL AGREEMENT AND CONTPACT BY AND BETWEEN CITY OF MIAMI, METROPOLITAN DADE COUNTY, MIAMI BEACH AND VILLAGE OF BAL HARBOUR AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU TO CARRY OUT CONVENTION PROMOTIONS, BOOKING AND SALES ACTIVITIES ON BEHALF OF THE PARTICIPATING PUBLIC AGENCIES. WITH FUNDS THEREFOR BEING ALLOCATED IN A AMOUNT OF (.100Y000) DOLLARS FROM METRO-DADE TOURIST BED TAX FUND MONIES. RATIFY CITX MANAGERIS ACTION IN EXECUTION AGREEMENT WITH AMY H. JORDEN TO PROVIDE ADMINISTRATIVE ASSISTANCE TO THE MAYOR'S OFFICE. CORRECT SCRIVENER'S ERROR BY FINDING THAT PAGES 6 AND 7 (EXHIBIT "A") WERE INADVERTENTLY OMITTED AND SHOULD HAVE BEEN INCLUDED AS EXHIBIT "B" OF RESOLUTION 89-989 (OCTOBER 26, 1989) - A MAJOR USE PERMIT WHICH APPROVED TWO PARKING STRUCTURES FOR STATE OF FLORIDA DADE COUNTY REGIONAL SERVICE CENTER PROJECT. (RESOLUTIONS) 90-0066 90-0067 90-0068 9i� 90�-0070 90-0074 90-0075 90-0076 90-0078