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HomeMy WebLinkAboutCC 1989-01-26 Minutes�L". Ad � nt ttY t• '. q 9,1 X � t mkrc`'�i�: 3 �s r 1 NCORP )HATE 18 96 } I ; t ,t JANUARY 26/1�#9 s,°� �� c 0 m s s w . (PLANNING ANt? Z4NINQ `', d r L 4 r c+J t Kii*..bx fit} Y`�'r�'L���i 'yt'3'� ai tt5 t � A "g a 1 �4R 1, r ��r �. .. .., - _.. .. ._. - �.. „ , .,, ...a,', ,Y ,xy, _ . ,;�.., r- _��f,•r..1...5vs Via'.... f?A . �., t 1!l �. •fa".f�e�. — t i j"VART 26, 1080 LEbI$LATION PADS 10, PRISENTATIONS, PROCLAMATIONS AND DISCUSSION 177 ,r SPECIAL ITEMS 1/26/89 1, 2. A. EMERGENCY ORDINANCE: Require oath to ORDINANCE be taken by all persons testifying on 10541 Planning and Zoning items including M 89-SS attorneys. M 89-86 B. FIRST READING ORDINANCE: MIAMI 1/26/89 COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000: Amend Plan for area bounded by N.W. llth Avenue, FEC right-of-way and Biscayne Blvd. from office to , restrictive commercial. C. AMEND PLAN by adding new land use category "restrictive commercial - Southeast Overtown/Park West;" direct the Planning Department to report back with a study on the impact of said ! category. j -(Note: See labels 4 and 6.) 3:' A. STATUS REPORT FROM OVERTOWN DISCUSSION DISTURBANCE REVIEW PANEL. M'89-87 �< ?` f. B. PANEL CHAIRPERSON TO REPORT WHETHER 1/26/89 ! OR NOT PANEL ACCEPTS STEVE HELFMAN, ESQ. (FINE JACOBSON) PRO BONO SERVICES TO PANEL. (Continued Discussion) MIAMI DISCUSSION 51 57 <Yz COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 1/26/89 2000 (See labels 2 and 6).< y + 1. r. PURCHASE : OF CAMILLUS HOUSE Brief DISCUSSION. 57 _\ comments (See label 17). 1/26/89 6. (Continued Discussion) MIAMI DISCUSSION 58 72' COMPREHENSIVE NEIGHBORHOOD PLAN 1989- M 89-88 2000. M 89-89 `'may✓XT A) Amend Plan for area bounded by a FIRST READING'k* line 150' south of, and parallel to SW ORDINANCE 8 St. , SW 30 Ave., SW I St. and SW 31 1/26/89 Ave. from multifamily to commercial. ?s = B) Instruct Planning Dept. to �¢ undertake a study of affronting properties on Douglas Road from SW 3�' St. to SW 7 St. and SW 2 Terr. to SW 7 u. St. , instruct administration to. bring back proposed land use reclassification recommendations on February -9, : 1989. C) FIRST READING ORDINANCE: Miami S' 4 7'Y�'�fSi. �'r�• y Comprehensive Neighborhood • : Plan:= 1989... 2000. 3 fi'< h{ram :(See 'labels 2 and 4). � Y �.k3 N :':i`.; ..:(,' ... �.:fi"- Y.e. 4-X / :": :-. .. F.... en.. •s. .. ,.• Y _ t..'k. re KY:'.'af.w. \:i/'il. ., ct Lt.... /,�..^. h.�n�n:. -.�k i,�:J ��r't$:rxC.tCtcf r�d. ... 7. FIRST READING ORDINANCE: Amend Miami ORDINANCE 72-75 Comprehensive Neighborhood Plan - FIRST READING change designation at approx. 2822-2836 1/26/69 NW 22 Ave. from Moderate Density Residential to Commercial Residential. 86 FIRST READING ORDINANCE: Amend zoning ORDINANCE 75-76 atlas at approx. 2822-2838 NW 22 Ave. FIRST READING from RG-2/4 to CR-1/7. 1/26/89 9. A) Instruct City Attorney to take M 89-90 77-84 necessary steps regarding proposed M 89-91 official closure of street in front of 1/26/89 Miami Sports Arena; stipulate that management of said street is responsibility of Sports Authority, and instruct Manager to obtain input from the Police Department before making his - final recommendation. B) DENY REQUEST by Planning Dept. to amend Miami Comprehensive Neighborhood Plan - change land use designation at areas bounded by I-95 and NW 4 Ave. between NW 5 St. and NW 7 St. from Moderate High Density Residential to Commercial/Residential. (See Label 21) j 10. FIRST READING ORDINANCE: Amend ORDINANCE 84-85 zoning atlas at approximately FIRST 1145-1199 NW 11 ST. (AKA READING _ Municipal Justice Building) From 1/26/89 GU to CR-3/7. 11. FIRST READING ORDINANCE: Amend Miami ORDINANCE 85-86 Comprehensive Neighborhood Plan - FIRST READING _ change designation at approximately 452 1/26/89 N.E. 39th Street (Walter E. Flanders House) from Moderate Density Residential to Residential/Office. 12. FIRST READING ORDINANCE: Amend zoning ORDINANCE 87 atlas at approximately 452 N.E. 39th FIRST READING Street (Walter E. Flanders House) by 1/26/89 applying Sec. 1612 HC-3. 13. A. Continue for further information proposed FIRST READING Ordinance to amend the Comprehensive Neighborhood Plan by changing land use designation at approximately 3729-49 N.W. 24th Avenue from moderate density residential to General Commercial. B. Continue for further information proposed FIRST READING Ordinance to amend the Zoning Atlas at approximately 3729-49 N.W. 24th Avenue from RG-2/4 to CG-1/7. 14. FIRST READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan - change designation at approximately 110 S.W. 7th St. and 700-750 S.W. 1st Avenue from General Commercial to Commercial/Residential. (Applicant: Eduardo Alonso.) 15. FIRST READING ORDINANCE: Amend zoning atlas at approximately 110 S.W. 7th St. and 700-750 S.W. 1st Avenue from CG-2/7 to CR-3/7. (Applicant: Eduardo Alonso.) M 89-92 87-92 1/26/89 ORDINANCE 92-97 FIRST READING 1/26/89 ORDINANCE 97-98 FIRST READING 1/26/89 x- FY+ { .Xi 3} yc 16. WATSON ISLAND MASTER PLAN 1989: M 89-93 98-124 agree to maintain presently 1/26/89 exisLing uses. 17. (Continued Discussion) PROPOSED DISCUSSION 124-135 PURCHASE OF CAMILLUS HOUSE: (Continue 1/26/89 to Feb 9) (See Label 5). 18. ALLAPATTAH-WYNWOOD COMMUNITY M 89-94 135-143 DEVELOPMENT CENTER, INC. 1/26/89 19. DEPARTMENT OF COMPUTERS EXPENDITURES: R 89-95 143-144 Authorize funding for expenditures for 1/26/89 the month of February and the remainder of FY '89. 20. INTERLOCAL AGREEMENT WITH THE GREATER R 89-96 144-148 MIAMI CONVENTION AND VISITORS BUREAU. 1/26/89 21. A - Reconsider previous vote to deny M 89-97 148-149 FIRST READING Ordinance requesting M 89-98 change of land use designation in area 1/26/89 bounded by I-95 and N.W. 4th Ave. between N.W. 5th St. and N.W. 7th St. B - Continue proposed FIRST READING Ordinance (request for an amendment to change land use designation of area bounded by I-95 and N.W. 4th Ave. between N.W. 5th St. and N.W. 7th St. from moderate high density residential to commercial residential to February 9, 1989. (See label 9). 22. AUTHORIZE AGREEMENT WITH CRUZ R 89-99 150-151 DEVELOPMENT AND ASSOCIATES, LTD. - for 1/26/89 the development of Block 24 in the Southeast Overtown/Park West Community Redevelopment Area to comply with modifications required by HUD. 23. BISCAYNE VIEW APARTMENTS: Approve in R 89-100 152-153 principle amendments to Biscayne View 1/26/89 Apartments Major Use Permit. 24. APPOINTMENT TO OFF-STREET PARKING R 89-101 153-154 BOARD: Appointed was Leslie Pantin, 1/26/89 Sr. 25. APPOINT TO OFF-STREET PARKING BOARD: R 89-102 155 Appointed was Eduardo Padron. 1/26/89 26. A. APPOINTMENT TO MIAMI RIVER R 89-103 155-157 COORDINATING COMMITTEE: Appointed was R 89-104 Huber Parsons. 1/26/89 B. Request to increase membership of the Miami River Coordinating Committee. 27. OVERTOWN ADVISORY BOARD: Discussion of DISCUSSION 158-160 Overtown Shopping Center's opening and 1/26/89 improvements to the underdeveloped portion of Overtown. 0 0 29. BAYFRONT PARK MANAGEMENT TRUST: M 89-106 162 Continue consideration of proposed 1/26189 appointments, pending submission of names for more black nominees. 30. CODE ENFORCEMENT BOARD: Instruct City DISCUSSION 163-168 Manager to gather pertinent facts on 1/26/89 code enforcement issue and report back to the Commission at the next scheduled meeting. 31. COMPREHENSIVE HOMELESS ASSISTANCE PLAN DISCUSSION 168-174 AND EMERGENCY SHELTER GRANT PROGRAM: 1/26/89 Discussed and deferred to next Commission meeting. 32. CORAL WAY TREES (MIRACLE CENTER R 89-107 175-195 PROJECT) A) reconsider R-88-1212 which R 89-108 granted permission to remove/relocate M 89-109 trees on Coral Way. 1/26/89 B) Rescind R-88-1212, allow traffic light and left turn storage lane on east bound Coral Way at SW 33 Ave. C) Instruct City Manager to conduct study of remaining properties on Coral Way for possible reduction of said parcels. 33. STATUS REPORT ON IMPROVEMENTS BEING DISCUSSION 195 MADE AT ROBERTO CLEMENTE PARK: 1/26/89 Discussion. 34. 1989 GRAND PRIX: A) Approve grant R 89-110 196-199 agreement for pass -through B) Waive R 89-111 building and zoning fees. C) Street R 89-112 closures, area restricted to peddlers, R 89-113 etc. for 1989 through 2000 D) Waive R 89-114 dockage fees at Bicentennial and FEC E) ORDINANCE Allocate $15,600 - minor alterations to 10542 racecourse payment. F) EMERGENCY 1/26/89 ORDINANCE: Increase appropriations ($15,600) for sidewalks and streets. 35. BUDWEISER REGATTA: Approve and R 89-115 200 recommend City's application to Tourist 1/26/89 Development Council and Metro -Dade County for $100,000 grant for Unlimited Hydroplane Regatta; authorize acceptance of funds for certain services in connection therewith; allocate funds from FY '89 Stadium Enterprise Budget for said event. 36. DISCUSSION request of Coral Way DISCUSSION 201-203 Associates Limited and Decorative Arts 1/26/89 Plaza Inc., developers of the Miracle Center Project to restrict vehicular access to SW 33 Ave. from SW 21 Street on a permanent basis. (See label 38). 37. TRAFFIC STUDY IN THE CORAL GTE M 89-116 204-207 NEIGHBORHOOD: Approve Plan "A" 1/26/89 proposal for Coral Gate Neighborhood regarding installation of four-way stop signs at intersections of Coral Gate Drive, 20 St. and 21 St. it N'h� 1 sp F �---- - .. ear � .a.aa3uam-�-. J 36. (Continued Discussion): Continue M 89-117 207-210 consideration of proposed 1/26/89 restriction of vehicular accesss to SW 33 Avenue from SW 21 Street pending legal opinion as to its propriety. (See label 36). 39. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 210-217 COMMENCING RESTRICTION OF VEHICULAR 1/26/89 ACCESS TO SW 28 ST AT 26 AVE. (See label 41). 40. CIVIL DISTURBANCE LIBERTY CITY DISCUSSION 217-218 MERCHANTS OVERTOWN: Discussion by 1/26/89 Liberty City Merchants regarding financial impact of civil disturbance to the Liberty City area (See label 43). 41. MIRACLE CENTER PROJECT: Continue M 89-118 219-220 proposed restriction of vehicular 1/26/89 access to SW 33 Ave. from SW 21 Street pending legal opinion. (See label 39) 42. Continue consideration of proposed DISCUSSION 220-222 Amendment to Miami Comprehensive 1/26/89 Neighborhood Plan - change designation at approx. 3223-57 Freklin Ave & 3560 Main Highway from Low Density Residential to Commercial/Residential (David Hill's property - Taurus Restaurant) and proposed zoning atlas change at same address from RS-2/2 to SPI-2. 43. CIVIL DISTURBANCE/OVERTOWN: Merchants DISCUSSION 222-227 complaints (See label 40). 1/26/89 44. SECOND READING ORDINANCE: Amend Code ORDINANCE 228 Chapter 14, "Downtown Development", by 10543 adding new Article IV, "Regulations 1/26/89 Affecting Development within the Downtown Southeast Overtown/Park West Developments of Regional Impact". 45. FIRST READING ORDINANCE: Amend ORDINANCE 229-230 Ordinance 9500, Article 15-SPI Special FIRST READING Public Interest Districts, Section 1560 1/26/89 SPI-6 Central Commercial Residential District, Section 1569 Limitations on Signs, Section 1570 SPI-7 Brickell- Miami River Rapid Transit Commercial Residential District, etc. 46. FIRST READING ORDINANCE: Amend ORDINANCE 230-231 Ordinance 9500, Subsection 2024.1.3, FIRST READING "Limitations on Location and Extension 1/26/89 of Docks and Piers in Residential and CR-2 Districts; Limitations on Location and Charter of Vessels Docked or Moored", etc. 47. Continue all remaining items to the M 89-119 231-232 meeting scheduled for February 23, 1/26/89 1989. 48. Commissioner Plummer requests shorter DISCUSSION 232 agendas. 1/26/89 0 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 26th day of January, 1989, 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 9:11 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez 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. Commissioner Kennedy then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS 1. Commendation to Miami Police Officer Tomas Braga for having been selected the Most Outstanding Officer of the Month for December, 1988. 2. A. EMERGENCY ORDINANCE: Require oath to be taken by all persons testifying on Planning and Zoning items including attorneys. B. FIRST READING ORDINANCE: MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000: Amend Plan for area bounded by N.W. llt•h Avenue, FEC right-of-way and Biscayne Blvd. from office to restrictive commercial. C. AMEND PLAN by adding new land use category - "restrictive commercial - Southeast Overtown/Park West;" direct the Planning Department to report back with a study on the impact of said category. (Note: See labels 4 and 6.) ------------------------------------------------------------------------------ Mayor Suarez: I believe the first order of business is the first reading of Miami Comprehensive Neighborhood Plan. We're going to try to follow, Guillermo, the order proposed by the Planning Department and then hear from objectors or presenters which we will do in the order that they have signed in. Let me be reminded before that testimony begins that our ordinance requiring the swearing in of any witnesses other than lawyers goes into effect today. Although I think they're all lawyers over there. Maybe there's some that are not. We'll take their oath and I guess the City Clerk will administer. Guillermo, do you want to make the presentation? Please make it as quick as possible so that we can get on with the business. Mr. Guillermo Olmedillo: Thank you, Mr. Mayor, Vice Mayor, Commissioners. In 1985, the state revised the legislation affecting growth management in Florida and as a result, a top down approach was adopted. All that means is that the state and the region would issue plans, comprehensive plans, and the cities, the municipalities, have to adopt plans which would concur with the plans adopted by the state and the region. One of the ideas that this plans had in it is the definition of "level of services". This is an important concept 1 January 26, 1960 that you must keep in mind because once the City has established the level of services, and once the state has reviewed this level of services, then any '_velcpment within the City cannot cause this development - this level of services - to drop from the standards adopted in the plan. Another idea that was within the package was the concurrency idea. That is, that before any development order and by that I mean development order as it is defined within the statutes of Florida, any development order has to be issued but before that development order is issued, the services, the infrastructure have to be in place. So, it is important that the constraints placed now with the new legislation have to be followed by the comprehensive plan. I will cite to you certain elements and I would say that after a comprehensive plan has been adopted in conformity with this act, all development undertaken by all and all actions taken in regard to the development orders by governmental agencies shall be consistent with such plan. That is, the plan is going to be what rules development for the next ten years. Remember, you have two horizons, five years and ten years. This is a ten year plan which the state required the municipalities to have. Within one year after submission of its revised comprehensive plan, that was back in September 1st of 188, each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement the adopted comprehensive plan. That means that we're going to have a zoning ordinance and a zoning designation for all properties within the City which will accomplish this. The capital improvement elements outlines principles for correcting existing public facility deficiencies which are necessary to implement the comprehensive plan, including costs, location, and revenue sources, and shall be reviewed and modified on an annual basis. That is, every year the state will review the CIE. Then the idea of concurrency that I referred to, public facilities and services, needed to support development, shall be available concurrent with the impacts of such development. Local governments are charged with setting levels of service for public facilities in the comprehensive plans in accordance with the development orders, with which development orders will be issued. A no development order or development permit may be issued which result in a reduction in the levels of service below the level of service standards established in the comprehensive plan. So this, in a package, is what the state has told us to do and this is what the City's trying to accomplish by adopting a comprehensive plan for the next ten years. Thank you, Mr. Mayor. Mayor Suarez: Thank you. Joe. Mr. Joe McManus: Mr. Mayor, members of the Commission, I would like to point out to you, for the record, those elements or items that we're proposing today for adoption. First of all, is the volume I, the planned goals, objectives and policies, submitted to DCA in September 1. Secondly, we're submitting a whole series of MAP series for adoption. Thirdly, in the large white binder there are not only responses to the Department of Community Affairs, but also suggested changes to the plan. Those changes from the white binder are also proposed for adoption and lastly, of course, any changes that this Commission decides to make today or in second reading on February 9th, subject to the approval of the Law Department. Thank you, Mr. Mayor. Mr. Whittington. Mayor Suarez: Thank you, Joe. Mr. Dave Whittington: I'll be highlighting for you the executive summary which goes through all the different elements of the plan which you can see up on the board up here. There were 13 required elements and those are the only elements we addressed. The idea of the elements is to set forth the policies of the City for the next 11 years and once these policies are set, we have the capital improvement element and our intergovernmental coordination element to implement these policies. Also, our future land use plan map. So those three elements will be implementing the rest of the goals and policies that we set in housing, mass transit, traffic, solid waste, etcetera. Our land use plan map, once it's adopted, we will have to bring our zoning in compliance with that land use plan and we have until September 1st to do that. There is state legislation being considered by DCA... Mayor Suarez: I presume as a general statement, that our zoning code and classifications are in conformance with the master plan. Mr. Whittington: We will show you... Mayor Suarez: I hope we don't have to make wholesale... 2 January 26, 1989 Mr. Whittington: Not wholesale, we have a map. Mayor Suarez: ... rezonings to conform with the master plan that we, ourselves, are proposing pursuant to state law when the City of Miami, I don't even believe needs one, I think other parts of the state do. I mean, in our case, we have everything zoned already. I don't even know why we need a master plan to tell you the truth but, certainly, we're not making wholesale changes in that, are wet Mr. Whittington: Mr. Mayor, we have a map that shows you exactly where the areas that will need to be changed and those changes are very marginal. Mayor Suarez: Thank you. Mr. Sergio Rodriguez: But, let me put something on the record though. In simplifying - in approaching the ordinance of the City of Miami that have been in many occasions called difficult and complex, we already took that into consideration and we simplified the number of categories in the comprehensive plan which has resulted in reduction or conversion to other categories in zoning in the future. So that would result... Mayor Suarez: Well, why the master plan would not have less categories than zoning and more inclusive than zoning is beyond me. That would have been... Mr. Rodriguez: That's what we're trying to do. Mayor Suarez: Right, that would have been the logical way of doing it. You know, having three or four categories and have specific subcategories for zoning that are more specific. Mr. Plummer: Mr. Mayor... Mayor Suarez: Why we even need to go through all of this, I don't understand, but... Mr. Plummer: Mr. Mayor... Mayor Suarez: ... I want to make sure we're not doing wholesale changes, otherwise, we're going to be at this forever. Yes, Commissioner. Mr. Plummer: Over a year ago, this Commission asked the administration to consider completely revamping 9500. As we all agreed, or I think we agreed, that the old system of classification was so much simpler. Mayor Suarez: Absolutely. Mr. Plummer: And, yet, I am not hearing a word out of the administration that they have anything in the works, nothing to my knowledge has been accomplished and we are still saddled with this damn system that is called a 9500 which I don't even think the professionals really understand. Mayor Suarez: I remember visiting the Planning Department right after I was elected three years ago. Mr. Plummer: Now, I'm going to ask... Mayor Suarez: And they were working on the changes then. Mr. Plummer: I'm going to ask, once again. When in the hell are we going to get rid of this cockamammy system and go back to a simplified form that we knew of R-1, 2, 3, 4, 5; C-1, 2, 3, 4, 57 Anybody could understand that and we keep asking yet I don't see anything being accomplished. Now... Mr. Rodriguez: As was mentioned before, we have been working on this. We have had already 50 meetings, 50 meetings with people from the development community and professionals in the field and... Mr. Plummer: You don't have to meet with people to simplify a system. Mr. Rodriguez: We have to meet with them so we get their input so at the end we don't have something that cannot be accepted by people. 3 January 26, 1989 Mr. Plummer: All right... Mr. Rodriguez: In addition to that, by September, by law, as we mentioned before previously, we have to have, in place, a zoning map of the whole City of Miami and regulations that will follow this plan. Mr. Plummer: My concern today is the fact that we get locked in under the comprehensive plan for the system which, to me, is not understandable. Now, my question simply today because I'm going to come back and I'm going to harass the hell out of you about this 9500. All right? If, in fact, today we instigate and approve the so called modified comprehensive plan, are we locked into those classifications under the present 9500 or are we have the flexibility of putting in what we thought, or I thought, was a simplified system? Mr. Rodriguez: We will be able to have a simpler system in the future. Mr. Dawkins: You see, I raise the same question, OK, and I've said it before and nobody hears me. Everytime - I mean, you spend all this money for a guy to come down from Alachua County to tell us what's best for us in Dade County because he had a resume that said he could do that. And then everytime after we adopted that plan that we paid so handsomely for, every meeting it's an amendment to the 9500. Mr. Plummer: Excuse me... Mr. Dawkins: You come back the next meeting... Mr. Plummer: Sometimes three, four, and five amendments. Mr. Dawkins: To the same plan that we spent all this money for. Mr. Plummer: They got a problem - excuse me, I'm sorry - they got a problem because they're now up to amendment, is it W? And you only got X, Y, Z and then you're in serious trouble. Mr. Rodriguez: No, we went beyond that, I think we are in double digits now. But I want to make you, you know, not to cover my back but I... when I first came here in 1983, this ordinance had been approved already and what we have been trying to do throughout these years, is to correct the ordinance and also to update it because the ordinance is not a static document. You have - it's a dynamic document that you have to keep adjusting to changes that we present. Mayor Suarez: Right now, it's a confusing document. Mr. Rodriguez: And I agree with you... Mayor Suarez: Forget dynamic and static, you know, we'll... Mr. Rodriguez: I agree with you and that's why we have been going through this effort in which we are not hiring any consultants like before. We have been doing it with staff time. Mr. Dawkins: All right, the Mayor wants to expedite the agenda and I do too. I'll ask one question and maybe J. L. will let us go. Does approval of the master plan, Miami Comprehensive Master Plan, eliminate 9500? Mr. Rodriguez: No. Mr. Plummer: No. Mr. Dawkins: So then, so when, so what does ninety... well, then, what impact does 9500 have on the Miami Comprehensive Neighborhood Plan? Mr. Rodriguez: The plan is - it's basically the other way around, = Commissioner. The plan will guide the zoning that you would have in the future. Mr. Dawkins: I'll ask my question again. See, I don't want you to read me the answer you want, I want you to give me the answer I ask for, OK? And that is, sir, since this plan will not eliminate 9500, then what impact does ninety-five have on the Miami Comprehensive Neighborhood Plan? i 4 January 26, 1989 Mr. Rodriguez: We took into consideration the existing zoning categories that were -i,are bo. piesent chat will allow certain land uses under 9500 and, based on that, we made recommendations to try to match the closest land use category, different from zoning, that will help you in the future to make decisions for zoning. Mayor Suarez: Let me ask this. In the case of a municipality... Mr. Rodriguez: In some cases, it was not a match. Mayor Suarez: In the case of a municipality like the county, let's say, there are areas, I believe, where you have a Comprehensive Master Plan designation where you don't have a zoning classification yet because it hasn't been developed or it's not about to be developed and so the comprehensive plan presumably leads you to the zoning classification you'll eventually want to put there. Is that, more or less, a correct statement? Mr. Rodriguez: The zoning map - the county has to have a zoning for every piece of land that it has. Mayor Suarez: Then the whole damn concept doesn't make any sense. For the county or for the City? Mr. Plummer: The county takes the easy way out. If they don't have a zoning classification, they make it agricultural. Mr. De Yurre: Mr. Mayor. Mayor Suarez: It's supposed to be a planning tool for the future where you're not sure what the zoning is going to be and you want to at least direct development towards a general category and later you give it the specific zoning classification. But if you already have the whole City zoned and you're pretty sure that's the way you want to have it zoned, you don't need a master plan. I've said that from the beginning, I'll tell that to the DCA, Department of Community Affairs, and I'll tell that to the entire world. That's the way I feel about it. We're going to go through with this and you're telling me there's no major - what was your term - that it was just only marginal modifications to our zoning code and classifications resulting from this? I'm happy to hear that, I just wish we didn't have to spend all this money to do all of this and all the time of all the taxpayers. Commissioner. Mr. Vice Mayor. Mr. De Yurre: Mr. Mayor, I'd like to ask a question of this Commission and I'd like to know if anyone of the members here have been approached by the administration to understand what is being proposed here at a private meeting? Mr. Rodriguez: Yes. Mayor Suarez: Oh, I've been approached and I've said I didn't want to know any more than I already know which is... Mr. Rodriguez: Yes, you have received a... Mr. Plummer: Well, let me - excuse me, may I answer the question? Victor, I have had extensive background on this, not as it comes from the administration but as I sit as representative on the South Florida Regional Planning Council, so I have not, by my administration, except Sergio and I have worked extensively together in the South Florida Regional Planning Council so I hope that answers your question. Mr. De Yurre: Well, because... Mrs. Kennedy: I have been thoroughly briefed too. Mr. De Yurre: You have been? OK. Mr. Rodriguez: Commissioner, we have invited you to have a special meetings for the Commission to deal with this on October 27th. In addition to that, we sent a memo to your offices and your staff attended the briefings that we were preparing for you all and that was attended by some of your staff. So we have been having workshops with your staff too. 5 January 26, 1989 Mr. De Yurre: I just want to make sure we're not going to have to start from scratch here and during a Commission meeting you have to absorb this whole thing, so, you know, if we've cut out a lot of the questioning, then we can just go ahead. Mr. Rodriguez: I'm assuming that you have been briefed by your staff. Mayor Suarez: Let me say to the staff and we don't mean, any of us, I think, to get on the back of our own staff. You are doing the very best you can within the constraints of this law that really is applied to the whole state, but really only makes sense for areas that have not been particularly developed. It doesn't make all that much sense for a City that, the last time you talked to me, I think you told me it was 98 percent developed, or something to that effect. And I don't mean to imply that. In fact, our comprehensive master plans, neighborhood plans, are, I think we're ahead of almost every county in the state and almost every municipality in complying with state law. I just wish we didn't have to do all of that because it's an incredible expenditure but you've done fine, you've negotiated with DCA and I want to compliment you on the work you've done under difficult and really unnecessary constrictions of the state as far as I'm concerned. Mr. Rodriguez: If I also may add to that, Mr. Mayor, in July and probably today, you know, you're going to hear people from the public and presentations by the staff that will further amend the plan that will allow changes in the future for zoning so it was not an effort, you know, I think it has been a good effort. It has been as painful effort for us, very long... Mayor Suarez: But remember that the effort that we were hoping to be undergoing now was a totally different one which was to simplify our regular 9500 ordinance that prescribes... Mr. Rodriguez: We're doing that. Mayor Suarez: ... our zoning code and that would have been much more important to us so that we can understand these proceedings and act intelligently and thoughtfully on these requests. Go ahead, Dave, let's finish this up quickly here from the objectors and get their, presumably their concerns resolved, and move on with other business of the City. Mr. Whittington: OK, I was in the middle of highlighting the different elements and their chief goals and objectives and policies. Let me summarize that just to say that there are certain elements there that deal with services that the City does not provide and we have to look towards working with Dade County and the region to meet the level of services and the facilities that involve the environmental things and the transportation things. Mr. Plummer: OK, let me give you the "catch 22" here and you'd better be aware of it as it relates to the City. We, the City, are dependent upon the county performing these services. If the county does not perform in these services, it is going to adversely affect this City. For example, one of the provisions of the comprehensive plan is that the County will, in effect, put in the Peoplemover to the Omni area, correct? Mr. Whittington: I believe so. Mr. Plummer: You believe so or you know so? Mr. Rodriguez: It's part of the DRI. Mr. Plummer: If part of the DRI... Mr. Whittington: Yes. Mr. Plummer: ... if the county does not put in the Peoplemover to the Omni, it is going to adversely affect this City's comprehensive plan. If the county does not do A, B, C, D, and E, it is going to affect adversely the City's plan. There are so many things in this that we do not have control over. For example, one of the nit things in this thing is that there shall be signs made for the highways about "Share A Ride." We don't have any control over signs in the county on the roads, that's Dade County. And if they don't do it, it's going to affect adversely our submission of our plan. I just caution this 6 January 26, 1969 0 Commission that this situation, I don't know what we can do about it at this stage of the game, but you'd better be aware that we are very, very dependent upon the county doing what they have responsioiiity to do and in some areas I don't think it will ever be accomplished. Mr. Whittington: Mr. Commissioner, let me... Mr. Plummer: So I'm just putting that on the record. Mr. Whittington: Let me offer you a bit of reassurance in that the state has asked the regional planning councils to serve as mediator between municipalities and counties and regions to ensure that proper coordination goes on. Mr. Plummer: That's not the point and I understand that and I appreciate that. But let's assume we know something. The Peoplemover, I seriously doubt will become a reality, that's not cooperation, it's not going to become a reality because of cost, whether putting it in or operating it. It's a cost factor and I don't think this community is going to tax itself for additional spurs of that Peoplemover. Yet, if that is not in, it is going to affect us because part of our development order states that that shall be in by the year 1995. Mr. Rodriguez: 1992, 192. Mr. Plummer: 192, that's even worse. Mr. Rodriguez: But let me reassure you... Mr. Plummer: So I'm cautioning my colleagues on this Commission that there are many factors here that are so far beyond our control that if are not done, are going to adversely affect us. Be aware. Mr. Rodriguez: And you are right on this and I think that what we have is an opportunity when we cannot meet them, try to do something about it. We have done the best that we can do with the law that we have from the state that has been passed down to us and today what we have basically said is a summary of the best thinking that we have after a lot of hours and meeting with a lot of people and as we see a problem in the future, we try to take care of it. That's the best we can do. Mayor Suarez: OK, let's complete the presentation, please. Mr. Whittington: And, let me distinguish between concurrency which is the hard line of which there are very few requirements and we have those down to where we are guaranteed to meet them. And the general policies which are a lot softer and which, if we don't meet them, will not, in any way, result in a potential for a moratorium. So, our level of service standards, which are the hard line, and our future land use map, those are the things that we do have to be very careful of, our policies such as the Peoplemover, any environmental things, are things that we need to strive to do and DCA, I think, is going to be very understanding about it and allow us to change when we do our five year review. That's the result of my conversations with them. Let me - we've talked about the elements enough.... Mayor Suarez: Make the presentation and don't get too much into the other issues, please. Mr. Whittington: The nature of the objections that DCA had to our submittal in September were that we did not substantiate a lot of our policies with data. We made those corrections. They asked that specific policies be included in the plan that we had not addressed and we did our best to include them without making the City obliged to do anything it's not empowered to do. We carefully worded those so that the state realized that we did not have the authority to implement a lot of the programs and activities they'd like to see. We stated up front in those policies that Dade County was responsible and that the City would cooperate and try and get those through. Let me move to the maps. We have a lot of maps. Most of those are maps that have to be formally adopted. I would like at least for you to get a chance to see those different maps. The first set of maps are our future land use maps. I'm going to pass out a handout that gives you a list of those maps and our overhead projector will have a list overhead to see those various maps. We've presented... 7 January 26, 1989 Mr. Dawkins: Let me ask you a question, Mr. Mayor. Now, he's going to present maps b1,u he expeA s us to sit up here and digest this and look at maps at the same time? Mr. Rodriguez: Those maps have been in your packet, Commissioner Dawkins. Mr. Dawkins: Well then, all right, if they're in my package, I've already seen them. I don't need to hear any more them. Mr. Rodriguez: The only thing that we're trying to do is establish a record because to show the difference between what was approved in July and so there will be no... Mayor Suarez: Very brief presentations, we've had this before us and really, if the community has and members, property owners have objections, we can get to those very quickly. Just make a quick presentation, Dave, please. Mr. Whittington: You've seen three versions of our future land use map. We have the 1985 version which is in color here and we have had to redo that. That resulted in a map that we presented to you in July. A map that we sent to the state in September and now a map that we're presenting to you in January. Our final set of maps that we'll have up here during the public hearing process outlines the different changes that we've made so you can focus in on the changes a little better. The second set of maps that I need to show you involve natural resources and historic properties. The first map in that series, existing land use map, is not an adoptable map. It is part of our research effort. It was a map that DCA required us to produce and we're sending it up now. In that series of maps we have our natural resources map which is reflected in our future land use map by preserving those conservation areas that are very sensitive such as mangroves and beaches. This map shows you the historic properties in the City. Those which have been designated and a certain amount of properties that have not been designated yet. We have a policy in the plan that by 1995 we will bring before you a certain number of these properties for your consideration of designation. The Commission is not committed to designate any of the properties shown on this map. We will... Mr. Plummer: Does, conversely, we had an application before us at the last meeting. Is there any locking in of this Commission for those who ask to be de -designated? We had an application here of a site that was a historic site designated by this Commission. At the last Commission meeting, we were asked by the owner to de -designate his site which we did on your recommendation. Does this prohibit that happening after adoption? Mr. Rodriguez: No, what you have to do in that case, we have to go through an amendment process to the plan. Mr. Plummer: But there's no prohibition that you can't do it. Mr. Rodriguez: No, except that you have to follow procedures. Mr. Plummer: OK, thank you. Mr. Whittington: We are going to go to the land use change set of maps. Let me just, for information purposes, say that we had three transportation maps that we had to produce. Our land use changes maps show you some color overlays. The first overlay will show you the changes to the 1985 land use plan that we brought before you in July. That's July, 1988 -could you lift up the top piece? What you see before you there in color are the land use changes that were brought before you in July. Those land use changes, along a set of motions that were made at the July meeting, that set of motions is in the little information packet that was handed out to you, produced the September version of the map. During July and September we looked again at the '85 map and we came up with another set of not so much zoning changes but changes that are changes because of category definitions from the 1985 map. And those are shown in this color overlay here. So this shows you all possible technical interpretations of change from the 1985 map to the 1989 map. Mr. Dawkins: The lower red, that's,Overtown Park West? Mr. Whittington: How... could you point that out to him. 8 January 26, 1989 Mr. Rodriguez: The red and... Mr. Dawkins: No, no, no, I know that's the beach, OK? No, go down there... Mayor Suarez: Why don't you point to Overtown Park West? Mr. Dawkins: Right there. Where's Overtown Park West, right there? OK, so now Biscayne Boulevard is not covered there. Why? In red, green, purple or nothing, why? Mr. Olmedillo: You may remember that at the hearing of the 21st of July that issue was brought before you. The instructions from this Commission was that we would retain the recommendation that we had made at that point which was a basic office use for the property facing on Biscayne Boulevard. I'm just trying to let you remember that issue. And your direct instruction was to retain that office use. However, in the definition of the office use that we have in the comprehensive plan today before you, it says that that district allows, besides the office use, residential use and a limited retail activity. Now, remember we are now at the land use level. We're not dealing with the zoning, per se, today. So, what we're stating are the general facts, the general land uses that the property can have. That particular piece of land along Biscayne Boulevard is basically an office use which allows residential, which allows a limited amount of retail space. Mr. Plummer: Yes, but you see, let me tell you what he's not telling you. He is speaking to zoning today because of an - do you have a chart showing the amount of square footage of retail, of office and let's just use the plan for the DDA area. Do you have that handy? Mr. Olmedillo: No, sir. Mr. Plummer: OK. You will recall that there was, as part of this plan, let's use just the development order for the DDA north if I can call it that. You were limited to a thousand hotel rooms, no less. Mr. Olmedillo: No, correct, that - you're talking about the DRI. Mr. Rodriguez: You're right, a thousand. Mr. Plummer: The DRI, I'm sorry. Mr. Olmedillo: A thousand rooms. Mr. Plummer: No, no, it was less in that area, OK? The point I'm trying to make, that property presently is not occupied most of the cases. Most of the cases, it is vacant land. We have no idea where there's no height limitation how much, in fact, a building will be, when it is completed, to know is there X number of office spaces, square footage, X number of retail and that whole thing affects the chart which we are bound by. For example, one of the requests here today is going to be to increase the amount of retail space in that particular area. Yet, we don't know how big a building is going to be built but we do know that we are limited to a certain amount of square footage of retail space under that DRI. Now, I'm saying that this - you can't show a piece of this puzzle, you've got to show it all and we're not getting the full piece of the puzzle. And you'd better be aware that the state of Florida, what they in effect tried to do is pass a law for the entire state in a county which is of home rule which makes it different than the rest of the state. So, you'd better be aware that when you change this classification here it does affect zoning because what zoning will be able to allow and not allow is yet subject to what the developer will build and not build because on the DRI you are limited to X square feet. Mr. Rodriguez: Commissioner... Mr. Dawkins: My problem with the whole thing is, we have sat up here and say that we are going to develop Overtown and Park West, OK? And we said that in Overtown Park West would be offices, would be hotels, and would be retail. Now what developer is going to pass up Biscayne Boulevard in order to go over into the Overtown Park West area? So, you see, what you're doing here is to use Father Barry's word, shamming me on Overtown Park West area. 9 January 26, 1989 0 i Mr. Rodriguez: If I may on this, Commissioner, let me try to start with Commissioner Plummer. I think you are correct, the decisions that you make today will have an implication on the zoning in the future, that's clear. Mr. Plummer: No question. Mr. Rodriguez: No question about it. You have, in addition to the comprehensive plan, another set of limitations which were imposed by the DRI that was prepared by Southeast Overtown Park West that would limit the number of units that you can do under that DRI. That doesn't preclude the applicants or the developers in that area to go outside of that DRI, outside of the development order and apply themselves to anything that they see fit. So that's a separate document that I think you have to keep in the back of your mind. It is not directly related to what you're doing today. In relation to your question, Commissioner Dawkins, in this particular area of Biscayne Boulevard, I think you are correct that the developers are going to try to probably develop first in the areas where there are some encouragement for them to develop because of any financial facilities that we make for them like we have done in Overtown at this point. But logically they're going to be an effort to try to develop all of Biscayne Boulevard. Today I believe you have a lot of members from the legal profession here today to argue about that particular issue and it's going to be presented in one of the next overlays. What we're trying to do at this point with you is trying to keep you up-to- date on what has happened so that we can establish a good record. The next set that we're going to present after.... presentation Mr. Whittington so far has shown what happened in July when you took an action by September when we transmitted to DCA and the map that we sent to them. Now, what has happened since September 1st of 1988 when we transmitted the plan to DCA. Mr. Dawkins: No, no, no. No, no. Don't move that. Mr. Rodriguez: You're going to have... Mr. Dawkins: No, no, no. Don't move that, now go ahead. Mr. Rodriguez: Yes, OK, we're going to leave this - but you're going to have there then another set of drawings, of overlays, that will show requests that we have that are pending action from you this afternoon even, that should be incorporated in this; requests that we have which are in the pipeline that are before the Planning Advisory Board and, third, requests that you're going to have today from the public which is here at present. I believe you have Mr. Bercow representing some of the developers in that area and Mr. Post representing himself, I guess, that are going to be discussing precisely the use of that area and you're going to have to make a decision as to what is the best possible use. Mr. Dawkins: Manager, would you bring Herb Bailey down here for me to bring me somebody down here who.... Mr. Rodriguez: Yes, I will ask him to come down, sir. Mr. Dawkins: OK, please. Now, what does the red represent on that map? I can't see it from up here. Mr. Olmedillo: The red is commercial. That could be a hundred percent commercial. Mr. Dawkins: All right, now, so, OK, now, the 1, 2, 3 blocks behind the pink one in Overtown Park West, that's commercial, right? No, go on down, right there, that's commercial, right? Mr. Olmedillo: That is correct, sir. Mr. Dawkins: Well, why you didn't take it on out to Biscayne Boulevard? Mr. Olmedillo: As I stated before, we brought it before you on the 21st, we explained this area and we explained the reasoning behind it. What we didn't want to reproduce on Biscayne was the same situation as we have in downtown. We said we... Mr. Dawkins: OK, but all right, but let me ask - I hate to cut you off because we're trying to cut through this. Well, why would you create the same 10 January 26, 1989 s situation there that you got on Brickell? You got nothing but office space on Brickell. You have no people flowing through on Brickell and now you're going to come down here and where 1 want people to flow between Overtown Park West, Bicentennial Park, the Bayside - I'd like to have people flow between it but you're going to put a blocker here by having offices where people come to work, leave their offices and go home. Mr. Olmedillo: I beg to differ with you. The SPI that governs over Brickell is different in the sense that it's not only limited retail but it's for the exclusive use of that particular building. In this case, the limited word that we're using, limited definition, is not defined as... Mr. Dawkins: Mr. Bailey, come to the mike, please. Mr. Olmedillo: ... as just for that particular building so it's more open in that sense. We're not reproducing Brickell either, sir. It's different. Mrs. Kennedy: Commissioner, let me just ask Guillermo something while he's here, you're saying this because the retail on Brickell does not work, right? Mr. Olmedillo: Right, that is correct. We don't feel it works and we don't want to repeat the same mistake that we have on Brickell. Mr. Dawkins: I don't either, I agree with you. Mr. Bailey, this corridor on Biscayne Boulevard fronts or ends, whichever way you want to do, Overtown Park West. In your professional opinion, would it be better to have this as office space, which would enhance development in Overtown Park West area, would it be better to have it as a mixed use with retail and residential or would it be better as residential? Mr. Herb Bailey: We've always put it mixed use, Commissioner. Mr. Dawkins: Mixed use? Mr. Bailey: Yes. Mr. Dawkins: Thank you. Mr. Rodriguez: The category that we show now allows for mixed use. Specifically allow also for hotel and residential and commercial and some retail. Mr. Dawkins: But, as J. L. says, does it have a limitation of the footage for each? Mr. Plummer: Yes. DRI does. Mr. Rodriguez: It will have in the zoning. When we go to the zoning, it will have because the idea is not that we would like to see over here free standing stores like the one in downtown or an intensity like the one that you have in CBD, in downtown, because this is a different area. But it will be a limitation - all zoning in the City basically has a limitation on what you can do. The idea over here will be that you will have retail on the first floors of the buildings and that will be serving the general area and as compared to, for example, the situation that we have had in Brickell until now, that you had retail serving only the building, in theory, where it is located. Mr. Dawkins: OK, now you see, this is what I was telling you. In downtown, you've got a hundred room... Mr. Plummer: Thousand. Mr. Dawkins: Thousand room hotel. In Overtown Park West, which, in my opinion, is a part - is that pink part of Brickell Avenue. You could put a thousand room hotel there. Only thing is, you'd have to take it away from this office space of 166,000 square feet. Mr. Plummer: Or some other category. Mr. Dawkins: No, there ain't nothing else to take it from. Mr. Rodriguez: What you're reading from, I believe, is the Southeast Overtown Park West DRI, DRI... Mr. Dawkins: I'm reading, I'm reading... Mr. Plummer: That's correct. Mr. Rodriguez: Which is a different document from this. That DRI that was prepared with the Southeast Overtown Park West project being followed will limit, through that document, what you can do through this mechanism to go faster in the process. It doesn't limit what you can do in zoning. Mr. Plummer: Excuse me, is the DRI that's presently in place for Overtown and downtown a part and parcel of this comprehensive plan? Mr. Rodriguez: It is affected by it, definitely. Mr. Plummer: Bet your bippy. Mr. Rodriguez: Well, what I'm saying and it is a difficult distinction, I want you to understand, the plan that you have here before you today will guide, in the future, a lot of actions and zoning. The development order is a mechanism that you have to go through the development process in large project bypassing Regional Planning Council, it's like going faster. Mr. Plummer: Well... Mr. Rodriguez: This document that you see here today that you were referring to, the DRI, only limits what you can do under that document. Mayor Suarez: It is another set of requirement which prescribes what amount of various kinds of things can be built without providing additional infrastructure. Mr. Rodriguez: If you want to go through that process. Mayor Suarez: And it applies, regardless of what we do here, and we wish we didn't necessarily have to go and abide by it in the terms that have been imposed, but we have very little alternative and it can be modified so that the new phase goes into affect sooner if, indeed, all of the builders that are here do the kinds of things that they plan to do within the first - what was it, five years of that.... Mr. Dawkins: What's the color on that map for mixed use? Mr. Rodriguez: There is no color for mixed use because when we try to use a color f •• mixed use.... Mr. Plummer: Rainbow. Mr. Rodriguez: ... we were told by DCA that we couldn't do it. We had to use a color that would be close to it. Mr. Dawkins: All right, OK, and the red is what? Mr. Rodriguez: Commercial. Mr. Olmedillo: That's unlimited commercial. Mr. Dawkins: And a hotel is commercial. Mr. Olmedillo: That is correct. Mr. Dawkins: A restaurant is commercial. Mr. Olmedillo: Restaurant it is. Mr. Dawkins: Hotel is commercial. Mr. Olmedillo: It's not, but it may be located within a commercial district. Mr. Dawkins: Beg your pardon? 12 January Mr. Olmedillo: It may be located within a commercial district. Mr. Rodriguez: Or a residential Mr. Dawkins: Well, what would prevent it from being located in a commercial district? Mr. Olmedillo: Nothing. Mr. Dawkins: All right, then... see, you all got... Mr. Rodriguez: You can locate hotels also on office build districts. Mr. Dawkins: You got - you throw me a... OK, all right, never mind. Mr. Plummer: Of mixed use. Mr. Dawkins: You say this could be amended? Is that what you said? Mr. Olmedillo: Certainly, you... Mr. Dawkins: All right, I move that that pink part of Biscayne Boulevard be included in the red spot, red part. Mayor Suarez: So moved. Mr. Olmedillo: For the record, if I may clear it, you're going from an office use to a commercial use. Mr. Dawkins: And you... OK, I'll rephrase my motion, Mr. Mayor. I'm a move that the part in pink, which is a part of Overtown Park West, be colored red and that when we attempt to zone it, we put commercial hotel or restaurant in there and no stores compete with Jackson Byron and Penney's. Mr. Rodriguez: But, you cannot do that. Mr. Dawkins: Why can't I? Mr. Rodriguez: Because the commercial use will allow you to put a stores. Mr. Plummer: Right away. Mr. Rodriguez: That's the reason why we have office use that will allow you to put a stores, but it will be limited amount of stores and would allow you to put hotels and allow you to put restaurants. Mayor Suarez: Why wouldn't we let the market take care of what things are built there? I mean, downtown is the area where we want to have whatever people are willing to build to the highest density that it will still allow for normal traffic, pedestrian and automobiles. Why would we restrict downtown which is the area where we want as much development to take place as possible of whatever kind? Mr. Dawkins: The only reason I'm trying to restrict it, Mr. Mayor, is to force development... Mayor Suarez: Development over to Overtown Park. Mr. Dawkins: ... in Overtown or West. That's my only reason. Mayor Suarez: I see, I see what you're saying. Mr. Dawkins: That's my only reason. Mr. Plummer: Yes, but I think you better take into consideration one other point. Depending on how much that you allow at the Boulevard edge, will be detrimental to the development to the west. Mr. Olmedillo: It's in competition. 13 January. ZG. �99 k� Mr. Plummer: In other words, Overtown is not necessarily going to be governed in its progress by what happens at the Boulevard. Mr. Dawkins: But Park West will. Mr. Plummer: Park West will to a certain extent. Mr. Dawkins: Then, J. L., Overtown will be governed as to what happens in Park West and then we're back on Biscayne Boulevard. Mr. Plummer: No, let me disagree with you to this extent. Mr. Dawkins: OK. Mr. Plummer: When you go from that pink area west... Mr. Dawkins: OK. Mr. Plummer: ... you are looking at that being concentrated with a commercial area at the Boulevard. Look, people naturally want to go in business where the traffic is. When they go back to I-95 and the Metrorail, there's not that much traffic and I say to you that it's a balancing act that if you don't have some kind of limitations, that you're going to see a stagnation to the west. Now, when you say, in your motion, to change the pink classification to commercial, I don't have a problem with that motion except for the fact it's not conclusive. What designation of commercial? We can allow, you know, commercial, many different degrees of commercial. Mayor Suarez: Well, let's explain what it would mean. The land use designation would then become what? What do you call it? Mr. Olmedillo: We have a limited or restricted commercial which is the one that allows retail and service space as opposed to a body shop. Mr. Plummer: Well, you also have a thing called an accessory use to a building too. Mr. Olmedillo: That is different because that is within a building and for the exclusive service of that particular building which is what we don't want. Mr. Plummer: Oh, I understand, but I'm saying there's a different category. Mr. Olmedillo: That is correct. Mr. Dawkins: Well, I don't have any problems with the commercial aspect of it simply because individuals in Overtown now, the same as individuals who move into Overtown Park West have no place to shop if they don't go to Omni, get in their car... Mayor Suarez: Precisely. Mr. Dawkins: ... and go to downtown, 163rd Street, Westland or Dadeland. So those individuals, in my opinion, will need somewhere to shop. They're going to have children, they need school clothing, Christmas toys and etcetera. So I don't have a problem with the commercial aspect. Mayor Suarez: Absolutely. Mrs. Kennedy: And we want to encourage it. Mayor Suarez: Is that motion properly made? Is that legally sufficient as made? I just want to make sure we specified the land use that he's proposing. Mr. Olmedillo: Yes. If I may, what I would like for you, Mr. Mayor or Mr. Dawkins, with your permission is to address the land uses as they are depicted on the plan because if we say pink to commercial, then we're talking about two different things. We're saying an office district or an office use to a restricted commercial use. Mayor Suarez: That's what the import of the motion was then. Explain technically to go from the pink to the red. Now, would that take care of a lot of the objectors... NO 14 January 26, Mr. Dawkins: No. So what? They don't vote up here. Mayor Suarez: No, no, I'm just trying to figure out what they're up to. Counselor, what was... Al Cardenas, Esq.: I thought that when we were up here last time and motions were made and so forth - excuse me... Mayor Suarez: Give us your name, please. Mr. Dawkins: Yes, who are you, we don't know who you are. Carlos Salman know who you are but we don't. Mr. Cardenas: Thank you, my apologies. Mr. Plummer: Mr. Mayor. Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Plummer: It is my understand... Mr. Cardenas: My name is Al Cardenas with law offices... Mayor Suarez: Wait, wait, Al. Commissioner. Mr. Plummer: It is my understanding as of today anyone testifying before this Commission has to be sworn in and before they give any testimony. Mayor Suarez: Yes, I said that before, but I also understand that we still have the exception for attorneys and I believe he's an attorney. Mr. Plummer: I don't find the fact that he is an attorney objectionable but I do find the fact that, as written, there is a disagreement among this Commission, Commissioner Kennedy and I very distinctly remember that anyone testifying before this Commission in a zoning matter, is to be sworn in. Yet, the City Attorney says, according to his listening to the tapes, they were exempt. Mayor Suarez: Well, we have another problem. Mr. Plummer: Commissioner Dawkins was very adamant was Commissioner Kennedy and I and we're questioning, first and foremost, whether or not a person is to be sworn in and it is our belief that it is including everyone, no one was exempt. Mayor Suarez: As a matter of policy, I think you've stated it correctly. Unfortunately, the resolution does say that was signed into law, does say that it will not apply to practicing attorneys. We also have asked the City Attorney to come back with some mechanism for requiring attorneys to be sworn in some how. Mr. Plummer: Well... Mayor Suarez: And he hasn't gotten back to us on that but I guess he's been busy with other... Mr. Fernandez: We're doing that through the lobbying statement that they have to sign with the City Clerk. There will be a.... Mayor Suarez: Does it include a... Mr. Plummer: Sir, that was not the policy set by this Commission. This Commission basically said everybody testifying in a zoning matter would be sworn. It couldn't have been any simpler. Everybody - there was to be no exemptions. Yes, Commissioner De Yurre and Mayor Suarez... Mr. Dawkins: Being lawyers. Mr. Plummer: I didn't say that - had an objection and raised a very valid point. But three members of this Commission were explicit. i 15 January 26, 1969 .:T Mayor Suarez: All right... Mr. Plummer: There shall be no exceptions. Mayor Suarez: I'd swear everybody, I'd even... but I, the resolution doesn't... Mr. Plummer: I realize that lawyers never tell anything but the truth, I realize that. Mayor Suarez: Except at home, except at home. Mr. Plummer: But, now all I'm saying is... Mayor Suarez: The resolution just doesn't provide for it so if you want to propose that for the next time, obviously the City Attorney... Mr. Plummer: No, no, it's been proposed. It's already been passed by this Commission. Mr. Fernandez: Well, to the extent that my better recollection of what transpired than what, in fact, did pass, was an exception for the attorneys because there were to be included in the lobbyist born that they have to fill out... Mr. Plummer: Absolutely.... Mr. Fernandez: ... there would be an affirmation. Mr. Plummer: Absolutely incorrect, Mr. City Attorney. Mayor Suarez: No, no, no, Mr. City Attorney, that didn't even come up at the time I don't believe. What we were concerned about I think was your own opinion that we possibly could not require them to be sworn in for whatever reasons because it would be subject to Supreme Court rules and regulations that would be applicable to all proceedings where attorneys are involved. And you said that you would get back to us on how we could require them to and maybe one way to do it is to have it as part of the lobbying requirement then. Mr. Plummer: That's not what we had. Mayor Suarez: Whichever. We've got this resolution in front of us, it does exempt attorneys, Commissioner, what do you want to do? Do you want to... Mr. Fernandez: It's an ordinance. Mr. Plummer: Sir, that resolution was drawn up by the City Attorney... Mayor Suarez: I'm sorry, an ordinance, it's not even a resolution. It's an ordinance. Mr. Fernandez: It's an ordinance, Mr. Mayor. Mr. Plummer: ... who was, in effect, misunderstood, like so many people, taken out of context. Unless the three members of this Commission... Mayor Suarez: Commissioner, what do you propose to do so we can get on with the proceedings? Do you want to pass an emergency ordinance requiring everybody - I'll do whatever just so we can get on with the business of running the City. Mr. Plummer: I have no problem with that, if that's the proper term, I will move an emergency ordinance - No, I can't because it takes 4J5ths votes. Mayor Suarez: I'll vote for it. Mr. Plummer: OK. I make a motion in compliance with the previous motion that emergency measure be that all people be sworn to give testimony in zoning cases. I so move. Mr. Fernandez: Mr. Mayor... 16 January 26, 19$9 Mr. De Yurre: I'll have to invoke the rule, I mean, like... hey. Mr. Plummer: No, an emergency. Mr. Fernandez: Perhaps what the emergency ordinance should address is putting a moratorium on the applicability of this ordinance that you have in front of you so that you can operate like you operated before until this point is clarified rather than on an emergency basis, pass an ordinance that imposes on everyone the oath requirement. The difference being that by passing the emergency ordinance, putting a moratorium in effect on this ordinance you will be able to proceed. Mayor Suarez: Let's... Mr. Fernandez: And then it lifts the requirements for anybody taking an oath. Mayor Suarez: We can't do it as to everybody in the same emergency ordinance? Mr. Fernandez: Well, you have two options, either you can put a moratorium on this ordinance or you what... Mayor Suarez: I thought he wanted to just apply it to everybody. Mr. Plummer: Exactly. Simply. Mayor Suarez: Can we do it or can we not? Do you want me to call a special session and we do it right now? I'll do anything to get along with business of running a City. I don't think any of these attorneys have a problem being sworn in. Mr. Fernandez: Well, perhaps if Commissioner Plummer doesn't accept my recommendation. Mayor Suarez: Do you want to have a voluntary swearing in? Mr. Fernandez: Sure. Mr. Plummer: If I have assurance that the City Attorney now understands what three members of this Commission were very clear and simple about and will be handled on first reading this afternoon and second reading whatever it takes, let's see how many of them are willing to volunteer. I'll go along with that and I will seriously question those who don't. Mayor Suarez: This is like those voluntary contributions that we get from time to time. _ Mr. Plummer: No, Mr. Mayor, I'm going to be honest with you, all right? The man who refuses to voluntarily swear himself to the testimony he's giving, I'm going to look at with a caustic eye. There's some reason he doesn't volunteer. Take the Fifth Amendment, guilty. Mayor Suarez: I think he just condemned himself. All right, how do you want to do it? Do you want to try to pass the emergency ordinance, can we do it, Mr. City Attorney? Mr. Fernandez: Either method would be fine. Mayor Suarez: The Supreme Court is not going to come down on us or... Mr. Fernandez: And, then again, if they do, you have excellent attorneys to defend you on that one too. Mayor Suarez: All right, very good. OK, I'll entertain a motion that would - I'll entertain a motion to put into effect an ordinance that would eliminate subsection "B" of the present ordinance which is the one that has the exemption for attorneys so that it applies to everybody. Mr. Plummer: I so move. Mrs. Kennedy: Second. 17 January 26, 1989 ... _'ii. • Mayor Suarez: Do you pant to read then what this would look like without that? AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY. Mr. Plummer: Just for clarification. Is this now what you have said in legalese, is this that simply... Mr. Dawkins: On the record, OK, speak in the mike... Mr. Plummer: ... for clarification which you have spoken in legalese, does this simply say that everyone who testifies in relation to a zoning matter will be sworn? Mr. Fernandez: Correct. Mr. Plummer: Thank you. Mayor Suarez: OK, call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10511, ADOPTED NOVEMBER 3, 1988, WHICH ESTABLISHED THE REQUIREMENT THAT PERSONS WISHING TO TESTIFY BEFORE THE CITY COMMISSION DURING ITS CONSIDERATION OF A MATTER ARISING FROM OR UNDER THE PROVISIONS OF THE CITY'S ZONING ORDINANCE TAKE AN OATH OR MAKE AN AFFIRMATION; MORE PARTICULARLY BY AMENDING SUBSECTION 6 OF SECTION 1 OF SAID ORDINANCE THEREOF TO PROVIDE THAT SAID REQUIREMENT SHALL ALSO APPLY TO ATTORNEYS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10541. 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: OK, all who are going to be testifying and at least those that have signed these cards requesting to be heard, attorneys or otherwise, would you please raise your right hand, Madam City Clerk, would you administer the oath. You have the wording with you? �1 18 Mr. Plummer: Mr. Mayor, make it clear now, anyone, anyone who's going to testify on these matters, not just lawyers. Mayor Suarez: Exactly. Mr. Plummer: Must be sworn. Mayor Suarez: Including lawyers, but not just lawyers. Mr. Plummer: Yes. UNIDENTIFIED SPEAKER: Include the planning department? Mr. Plummer: Does it include staff? That's a good question. I would say no. Mayor Suarez: How does the ordinance read right now? UNIDENTIFIED SPEAKER: Well, let's not put all that burden on... Mayor Suarez: I would hope that it wouldn't you know. OK. Mr. Plummer: I would say no. UNIDENTIFIED SPEAKER: No, they can lie. THE CITY CLERK ADMINISTERED THE OATH TO THOSE PERSONS ABOUT TO GIVE TESTIMONY ON THIS MATTER. Mayor Suarez: Thank you. Let the record ref... Mr. Plummer: Do we have an obvious oversight there? Ms. Hirai: I am quoting from the text on the ordinance, Mr. Commissioner. Mr. Plummer: "So help me God" was deleted for a reason? Ms. Hirai: I did not draft the ordinance. I was quoting from the text on the ordinance. Mayor Suarez: So help you God. OK? Go ahead, counselor, Mr. Cardenas. Mr. Cardenas: Thank you. This is a thrilling moment in my life. It's a... Mr. Plummer: You're first. Mr. Cardenas: ... first time, first time that I have addressed the Commission sworn under oath. Mr. Plummer: We just blew his presentation and he had to go back and rewrite it. Mayor Suarez: Did you have to scrap everything that you were going to say? There goes the presentation, as planned. Mr. Cardenas: My name is Al Cardenas with offices at 1221 Brickell Avenue and I'm here representing the Park West Overtown Civic Association. And I would like to have a couple of clarifications, if I could, on the record, Mr. Mayor, ri because I admit, not only myself, but counselor and clients are somewhat confused about this process and the definition that it's been set forth here. As you may know, relative to the plans in question, the plan that you have here, comprehensive master plan, that is on the floor with the coloring, provides for our client's area bounded, as you are well familiar, in the red and that was previously defined as general commercial. We now have a plan that is above it that is defining the location as restricted commercial. Then I go into the restricted commercial and general commercial categories that have been defined by staff in your booklet and within the area of restricted commercial, says the following: "Other permits of land uses within the general commercial category include: motels and hotels and other transitory residential facilities, offices...", etcetera, etcetera. And then it says, " .. mixed uses of commercial office and/or residential are also permissible within this land use designation." But, you see, the wording is... the wording, I just want to make sure it's been changed so that what we previously 19 January 26, 1969 1 40 0 knew was general commercial is now known as restricted commercial which Includes all of the uses under the previous land use designation. If my understanding is correct, then the restricted land use category is acceptable, if it's not, then it's not in keeping with what was agreed here at the previous meeting. Mr. Olmedillo: If I may, Mr. Mayor... Mayor Suarez: Yes, Guillermo. Mr. Olmedillo: He asked what restricted commercial land use designation is. That includes retail and personal and professional services, real estate, banking, financial services, restaurants, saloons, cafes, general entertainment facilities, private clubs, recreation facilities and then it... Mayor Suarez: Restricted commercial as opposed to unrestricted commercial? Mr. Olmedillo: To general commercial. Mayor Suarez: General commercial. Mr. Olmedillo: General commercial to differentiate includes things such as automotive service repair, used vehicle sales, parking lots, garages, heavy equipment sales, building material sales, that type of a thing that I don't think any of us want in that area. Mr. Plummer: That's what I asked before, what classification of commercial. Mayor Suarez: Counselor, what is your objection to the proposed classification? Mr. Cardenas: I just want to make sure that it includes the definition here that says, "... motels and hotels, other transitory residential facilities, offices, medical facilities, major sports exhibition and entertainment facilities, mixed uses of commercial office, and/or residential are also permissible within this land use designation." Mayor Suarez: All right. Mr. Dawkins: Other what kind of uses? Mr. Cardenas: Mixed uses of commercial, office, and/or residential. Mr. Dawkins: No, you said, and other. Mayor Suarez: There was a point at which... UNIDENTIFIED SPEAKER: Transitory. Mr. 01medillo: And/or. Mr. Dawkins: And/or. Mr. Cardenas: And/or residential are also permissible within this land use designation. Mr. Dawkins: No, it was something else. Mr. Cardenas: You mean earlier? Mr. Dawkins: Yes, um humm. Mr. Cardenas: OK. Other permissible land uses within this category include motel and hotels and other transitory residential facilities. Mr. Dawkins: Hold it right there. Mayor Suarez: Transi.. wanted to ask about. Mr. Cardenas: Yes, we.., that's it, that's the one he was - that's the one he 20 h Mr. Dawkins: All right, if we - the only way I'll accept that if they limit transitory and the Commission will decide what the limit is. Mr. Plummer: Fine. Mr. Olmedillo: Fine. The answer to... Mr. Dawkins: I mean, can staff buy that? If staff don't want it, I won't even... Mr. Olmedillo: No, that's fine with us. Mr. Cardenas: Fine. Mr. Olmedillo: What I'm saying... I was going to respond to Alberto Cardenas... Mr. Dawkins: Go right ahead. Mr. Olmedillo: ... question also that he was asking whether this was included and the answer is yes. All these uses are included in the restricted commercial designation. Jeffrey Bercow, Esq.: There's a typo in the text. I think you need to clarify that, Guillermo. Mr. Rodriguez: Your name, Picky. Mr. Bercow: In the second paragraph, it shouldn't be called general. Mr. Rodriguez: Your name. Joel Maxwell, Esq.: .... record, Mr. Bercow. Mr. Bercow: Jeffrey Bercow, 200 S. Biscayne Blvd. Mr. Rodriguez: That's correct that in the language that we have included as part of the comments to the DCA on the section that deals with changes and it deals with change c and d and it says, "... this is part of additional modifications on the Miami Comprehensive Neighborhood Plan, 1989, two thousand, section "b," and on change c it says, in the interpretation of commercial restricted, in the first sentence of the second paragraph, "...the word general shall become restricted." And change the interpretation of commercial/general in the first sentence of the second paragraph the word liberal shall become general. Mayor Suarez: Does that take care of quite a few of the objections that to that motion and second? Does anyone else want to address that particular designation or are we OK now? Mr. Bercow: I have a presentation that concerns that. Mayor Suarez: On that particular zone? Mr. Bercow: It's that particular property, yes, sir. Mayor Suarez: Go ahead. Mr. Cardenas: Well, to conclude with that particular area that we had previously expressed, we just want to make sure, Mr. Mayor, on the record, that the definition of restricted commercial as it applies, permits all of the uses that are currently permitted by the current zoning which is located on the property. Mayor Suarez: I thought you read specifically the kinds of things you'd be able to do there. Mr. Cardenas: I read what was in the text of the proposed comprehensive master plan and since it - and I just want to make sure that the wording applied to restricted, that's on the record. Then I had a second statement. And the second statement referred to the current uses on the property and the heart and soul of our presentation last time which was in keeping with the 21 January 26, 1989 ' z j at Commission's decision was that we have current zoning on the property which permits a number of uses and that we wanted to make sure that the prospective land use designation was going to, in its definition, permit all of the uses which are currently permitted under the current existing zoning categories. That was the heart and soul of the presentation and that was in keeping with obviously the intent of the group who basically wants to make sure that what it is that bus... Mayor Suarez: I thought we just did that. Mr. Cardenas: No. Mayor Suarez: You read what you fully expected would be able to be done under the land use designation as you understand the proposed zoning and actual land use and they agreed that that would be included pursuant to that motion. Mr. Cardenas: No, I had two points to my presentation. Mayor Suarez: I'm trying to figure out what the difference between one and the other is. Mr. Olmedillo: I£ I may, Mr. Mayor... Mr. Cardenas: OK, the first one included all of those items but since it mentioned general, I just went on the record and make sure it refers to restrictive. That was a little bit of a, you know, house cleaning there, but the second part was in addition to that which I read there are a number of uses currently permitted that are not within the definition of restricted commercial. Mayor Suarez: Such as, Guillermo. Mr. Olmedillo: Body shops. Mayor Suarez: You wouldn't want to include body shops in there. Mr. Cardenas: You can exclude body shops. Mayor Suarez: What else are you concerned about, counselor? Mr. Olmedillo: You have warehousing, you have construction material warehousing. Mr. Cardenas: Well, we have... Mr. Plummer: Yes, but you see, that's going to take - that the problem there, any ordinance that we sit here and pass is applied uniformly throughout the City. What you're asking... Mr. Cardenas: Yes, warehousing... Mayor Suarez: Well, no, in that area, in that district. Mr. Plummer: Oh, no, no, no. What you're asking is to change the ordinance, that's what you're really asking... Mayor Suarez: Yes, that's why I'm trying to see if it's necessary, it doesn't... Mr. Plummer: ... to include or exclude certain uses under certain classifications. Mayor Suarez: That's why I'm trying to see if it's necessary. I haven't found one yet that is in conflict. I don't... Mr. Cardenas: Well, I'll give them to you, warehousing, for example. There are a number of current warehousing uses... Mayor Suarez: Warehousing would not be permitted under restricted commercial? Mr. Olmedillo: Under restricted commercial. 22 P-A • Mr. Rodriguez: No. Mr. Olmedillo: Right, let me take... Mr. Dawkins: Why would we want a warehouse on Biscayne Boulevard? Mr. Olmedillo: I don't think we want it. Mr. Cardenas: No, not on Biscayne, not on Biscayne. Mr. Olmedillo: We don't want it. Mr. Cardenas: This is not Biscayne, this is... Mr. Plummer: But, you see, the problem, Al, is when you apply that it would allow it. You don't want it, I don't want it, but a man who owns that property might want it and when you pass this, it would allow it. Mr. Rodriguez: He wants it. Mr. Plummer: That's the fear. Mr. Rodriguez: He wants it. Mr. Cardenas: No, in the Park West Overtown area which we represent, there are businesses there which are doing fine, thank you, and until further development comes along want to - and maybe later on - want to make sure those uses are compatible and permissible. That was the heart of our presentation last time. Mr. Plummer: They're grandfathered. Mr. Cardenas: That includes the warehousing area, that includes the equipments companies that are there. If there are special noxious uses such as, you know, body shops or something you want to exclude, that's fine, but.... Mayor Suarez: OK, we've heard that. Now, let me ask, what about those that are already warehousing uses. What impact would the comprehensive master plan, neighborhood plan, adoption have on those? Mr. Olmedillo: Those will become legal nonconforming uses and they may continue there indefinitely as it is today. Mr. Plummer: Well, yes, that's... Mr. Dawkins: But if they ever move, they go out of existence. Mayor Suarez: They would not be able to be used for that, right. Mr. Olmedillo: Right, if they move, they're out. Mr. Plummer: No, well, but there's other criter... Mr. Rodriguez: If they discontinue the use... Mr. Dawkins: Beg your pardon, Mr. Turner? Mr. Plummer: There's other criteria on a non conforming grandfathered clause. For example, they cannot make improvements more than 25 percent. Mr. Rodriguez: Right. Mr. Olmedillo: Right. Mr. Bercow: That's right. Mr. Plummer: If they had a fire, destroyed, they cannot rebuild. and 50 percent of the building was Mr. Olmedillo: Except by special exception hearing. 23 Mr. Plummer: If they vacate for six months and a day, they lose that grandfather status. Mr. Cardenas: Expansion, they can't expand, Mr.... Mr. Olmedillo: Twenty-five percent... Mr. Plummer: They can't expand more than 25 percent. Mr. Cardenas: That's right. Mr. Dawkins: Yes, but is that 25 percent each time or is that 25 percent in total? Mr. Rodriguez: Total. Mr. Olmedillo: Total. Mr. Plummer: In total. Mr. Cardenas: Totally. For example, Mr. Ruwich is here with his printing business, Miami Review. He's obviously concerned because he was under the impression, as I was, frankly, when we completed the meeting last time, that the land use category designation would permit as valid on a continuing basis, not just on a grandfathered in basis, the uses which are currently there. And in addition, we said there's going to be compatibility because your new land use designation is going to include all of the items which you have designated in your DRI Southeast Park Overtown master plan and everything else, so we thought we had arrived at a perfect solution in terms of perspective future use of that area and accommodations to the current businesses which have kept the area afloat for these years. That was what I was under the impression. That is not the impression that I get from the restricted commercial category. Mr. Dawkins: OK, well I was like you, Al, I was against the whole thing, OK? I told you from the beginning that I feel that each unit should apply and stand on its own merit but since then we've sat down and they said staff that this we have to do. But I'm not going to vote for anything that's going to circumvent my not wanting to grant carte blanche requests to just come in what people who have speculated or what have you, which is their privilege, but don't expect me to enhance their speculization, that's all. Mr. Cardenas: Yes, I understand. Well, we're representing here the folks who have been here a long time as you know. Mr. Olmedillo: Mr. Mayor, if I may, may I take you back to the meeting of July the 21st. The thrust of the motion at that time was to have a commercial district which would allow residential. The liberal, the general commercial district will preclude residential from being there. I think what we want for that area is residential, retail, banks, offices and that kind of a use. When we expand to the more liberal use such as body shop, warehousing... Mayor Suarez: You're talking about the Overtown Park West area. Mr. Olmedillo: That is correct. Which is... Mayor Suarez: The motion speaks to an area which I gather is... Mr. Rodriguez: Shown in red. Mayor Suarez: Is it technically under Overtown Park West? Mr. Cardenas: Yes. Mayor, let me give you one quick example. Mayor Suarez: I thought the motion was to extend that red designation or red coloring to the area immediately to the east all the way up Biscayne Boulevard. Mr. Cardenas: Absolutely. Mr. Olmedillo: There was a motion by Commissioner Dawkins... Mr. Olmedillo: ... which I don't think it was seconded and I think this is all discussion. Mayor Suarez: Oh, now you're a parliamentarian too, right? Mr. Cardenas: Mayor, Mr. Mayor, I'd like to... Mayor Suarez: I thought that was the motion we were discussing, Guillermo. I thought it had been seconded. Mr. Cardenas: I'd like to give you one example of exactly what I'm talking about that what they're proposing totally inhibits this possibility. Take Tony Alonzo of La Epoca, for example. It's a thriving business, doing well, current plans for expansion on the boards, not just speculation. This land use designation, if you approve it today, will make him relocate because he has to expand. He cannot expand based on what they're doing and he has to move from the area. Now... Mayor Suarez: Now wait a minute, now, let's clarify that. Mr. Cardenas: That's a live-in in the... you know, that's a live case. Mayor Suarez: Wait, wait, wait, wait. You were talking about warehouses and some other prohibited uses for new facilities or those that are modified beyond 25 percent. But I thought a store and retail was allowed under... Mr. Olmedillo: Retail is allowed. Now, if... Mr. Cardenas: No, you're thinking it's the store. It's the warehouse which he needs to have by the store, Mr. Mayor. Mayor Suarez: I see. Back to the warehouse. Mr. Plummer: Thank you. Mayor Suarez: Well, I'll tell you the truth, I, for myself, don't see why we need to restrict what's going to take place in that area at all but I'm one member of the Commission obviously. Mr. Cardenas: I think, frankly, that what we've had done here is created a very difficult situation because general commercial, if it's including - if you permit it to include residential use, will then fit perfectly what our needs are and what the needs of Park West, what our client's needs. Mayor Suarez: Instead of restricted commercial, you propose general commercial. Mr. Cardenas: General commercial and permitted residential. Mayor Suarez: What color is that, what color designation is that? Mr. Rodriguez: Purple. Mayor Suarez: Good old purple. Mr. Cardenas: Red is general commercial, purple is restricted commercial. Mayor Suarez: I thought that you had said purple now. Is it red or purple? Mr. Olmedillo: No, it's the other way around, no. Mr. Rodriguez: Purple. Mr. Olmedillo: Purple will be the liberal commercial which is the general commercial designation. Mr. Rodriguez: But I want to remind you though that when this was discussed last time and you acted on this, Counselor Cardenas was aware of the whole definition, the definition was exactly the same except for the errata, the mistake that we had. At that point, they argued very strongly for the red color. If you remember, we discussed the red color for hours... 25 January 26, 1989 Mayor Suarez: Because you were going to impose a more restrictive one and he was trying to get to red and, hopefully, I guess from his viewpoint, eventually to even more liberal. Mr. Rodriguez: Well, we're going from red to another more liberal that would allow a series of uses that might be detrimental to the future of the development of Southeast Overtown Park West. Mr. Dawkins: Let me ask a question of the general public. Land is a commodity that the Lord is making no more of. He doesn't make any more and everybody comes before this Commission telling me that if you do not abide by my - play the game by my rules, I will not play. You know, you may not play while I'm here, you may not play while J. L. Plummer's here, you may not play while any member of this Commission is here, but eventually, that land has to be built on because the Lord's not going to make any more. So now, when you come here and tell me that you're going to relocate, fine, I mean, 1 don't want you to relocate but in the event that you do relocate, eventually somebody is going to locate where you relocated from and it's just that simple. So let's try to be friendly and try to compromise and come out with something that we all can live with rather than threatening me, telling me you're going to move. Mayor Suarez: OK, anything further counselors? Mr. Cardenas: Basically, Mr. Mayor, we were designated general commercial, I thought, at the last hearing and that is the designation that we felt compatible with what we need. Mayor Suarez: That was not liberal commercial? He's saying now, general commercial. Mr. Olmedillo: There was a change in the language and... Mayor Suarez: From the last meeting to this meeting there was a change in the language? Mr. Olmedillo: In the designation, yes, because that led to confusion in that particular meeting and we wanted to clear that up. Mayor Suarez: So you figured you'd confuse us this time around even more. Mr. Olmedillo: No, we were trying to simplify things and during the meeting and we sat down with a transcript, we heard the tape a few times and the thrust of the motion was to allow the residential to occur as well as mixed use with offices and retail. What that allows to have is a... Mayor Suarez: And there was no contemplation at the time of warehousing... Mr. Olmedillo: No warehousing, we feel, and as a point of information, Mr. Mayor, and Commissioners, in the last ten or twelve years, there are only two buildings built in that area and it is about 40 percent vacant. With that particular designation, because today... Mayor Suarez: So you figure since it's about 40 percent vacant and you restrict certain uses, it might be the only ones that anybodies willing to build there, so you have more vacancies, that's great. Mr. Olmedillo: No, the statement is made, Mr. Mayor, because that is the zoning that they have today and it hasn't been taken advantage of. Mayor Suarez: Yes, for a variety of reasons unrelated to zoning, Guillermo. You know, you'd think that planners are the ones that decide how people invest their money and how people actually get to City, in the area of the City, built up and increase our tax base, you'd think that they wait for planners to then come up with a great idea what we ought to build there and say, ha, isn't that brilliant, and they don't. They just don't work that way. Mr. Bercow: Mr. Mayor, just let me clarify something that the... what is now being called restricted commercial .was called general commercial in July and it was designated red then but basically the text has remained the same. What was called liberal commercial then is now being called commercial general and 26 January 26, 1989 the text has basically remained the same. I also want to distinguish the fact Mr. Cardenas is representing landowners west of N.E. 2nd Avenue, I am representing landowners between N.E. 2nd Avenue and Biscayne Boulevard. Mayor Suarez: What classification or designation rather would you propose for that property of that you represent? Mr. Bercow: For the Biscayne Boulevard frontage, we are proposing the commercial restricted or red designation. And I'll be glad to give a full presentation when the Planning Department... Mayor Suarez: OK, does anybody on this Commission have a problem with that proposed classification or designation for what is now, I think, pink there, right? Mr. Bercow: That's correct. Mr. Olmedillo: Pink, that is correct, pink. Mayor Suarez: And if not, why don't we go ahead and move on that? Mrs. Kennedy: I don't have any problems. Certainly the whole thrust is to foster development downtown and encourage people to go there so... Mr. Plummer: Excuse me, Mr. Mayor, I would much prefer rather than going in square footage to go to a percent. Now, what I'm saying is at this particular time on vacant land we have no idea how much square footage is going to be built in a certain given location. If we go in compliance with the DRI and we change that by virtue of this comprehensive, I think that we need to go in percentage of what it would be allowed as a mixed use in this particular commercial district and without that kind of a stipulation or limitation, we are in effect violating our own DRI as it relates to Overtown Park West. You just can't pass a magic wand over this and say, OK, it's commercial and now the developer can do what he wants. I think that each location has to come under some kind of a restriction of percentage. One builder might build a building ten stories, X square feet, yet next door another builder might build 60 stories because there is no height limitation, only by square footage on the ground. And that is going to blow the configuration completely out of the sky. So I think you have got to restrict it in some way. I prefer the manner of doing it by percentage rather than trying to do it by square footage or any other way. And I would ask the City Attorney and the Planning Department to make a recommendation. This is a matter of control, we must put in some kind of control. Mr. Rodriguez: If you want to define limited commercial as 15 percent of the use of the property, that's a way of doing it in the definition. Mr. Olmedillo: That's what you have in the DRI today. Mr. Plummer: What are you recommending, 15 percent? Mr. Rodriguez: Fifteen percent. Mr. Plummer: And they're asking for thirty, or forty, or fifty? Mr. Rodriguez: They haven't asked anything yet. Mr. Plummer: What? Mr. Rodriguez: I think they haven't asked for anything yet. Mr. Bercow: We tried to compromise with staff on this on a number of occasions and they were not agreeable to that. We've asked for the commercial or restricted, commercial restricted designation because we think it's the most appropriate for the area. The problem, J. L... Mrs. Kennedy: But as far as percentages, what would be adequate according to your standards? Mr. Bercow: We think that approximately 30 percent, no more than 30 percent, because you're going to - because the economics of the area are going to dictate exactly how much retail is put into the area. You're not going to 27 January 26, 1989 have a 50 story office building that's all retail. Retails occurs on the ground floors. It's highly unlikely that we're going to have anything more than 25-30 percent of a retail mix but i would like to say that we think that the limitations are most appropriately addressed on the zoning level. J. I agree with you... Mayor Suarez: Absolutely. Mr. Bercow: ... we've got problems with the DRI. The DRI, right now, it conflicts with the office designation. The first increment of the DRI only permits a 168,000 square feet of office space in all of Southeast Overtown Park West. Mr. Plummer: It doesn't allow the first hotel room. Mr. Bercow: That's right. You can't even build one office building on our frontage on Biscayne Boulevard because you're going to have an office building that's more than 168,000 square feet there. Mayor Suarez: We will in effect, if we make this restrictive, have three sets of restrictions applying to any development downtown, that's crazy. Mr. Bercow: You have to choose what's the best land use for the area. Mr. Plummer: Yes, and you got another big one that's coming in called an impact fee, that's going to have some... Mr. Bercow: It's already there. Mayor Suarez: Not to mention disincentives like the impact fee ordinance and so on. Commissioners, I'll entertain a motion as requested by counselor on the strip next to Biscayne Boulevard that would designate it, give it the red designation which you've been calling... Mrs. Kennedy: Liberal commercial. Mayor Suarez: Thank you. Mr. Rodriguez: Restricted. Mr. Olmedillo: Excuse me, restricted commercial. Mr. Plummer: To what percentage? Mrs. Kennedy: To commercial restricted. Mayor Suarez: Myself, I'm not going to vote for any percentage restrictions, just liberal commercial is your designation, right? Mr. Rodriguez: Restricted. Mr. Olmedillo: Restricted commercial. Mr. Dawkins: The DRI says 15 percent. Mayor Suarez: The DRI already imposes all kinds of restrictions on what you can build... Mr. Dawkins: I said it's 15 percent, right? Mr. Olmedillo: That is correct. That is correct. Mr. Rodriguez: have in the area. Indirectly, give you 15 percent restriction on how much you Mr. Maxwell: Mr. Mayor. Mayor Suarez: Yes. Mr. Maxwell: I would suggest that the record be very designation that you are suggesting. clear as to the 28 11 0 Mayor Suarez: That's why I was using the color first, which is red... Mr. Commercial restricted. Mayor Suarez: ... and then asking for the definition. Mr. Olmedillo: Commercial restricted. Mr. Maxwell: And, if you will... Mayor Suarez: I'm sorry, you're right, commercial restricted. Mr. Maxwell: And, if you will, please have staff indicate exactly what is permissible there so they'll be no question as to what you are approving. Mayor Suarez: Please read the description what would be permissible there. Mr. Olmedillo: And I quote, "these commercial uses include general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons, cafes, general entertainment facilities, private clubs and recreation facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This land use is restricted to areas directly served by arterial or collective roadways or directly accessible via Metrorail. Other permissible land uses within the restricted commercial category include motels and hotels and other transitory residential facilities." A point of information there, Commissioner Dawkins, had suggested to take out the transitory residential facilities from there. "Offices, medical facilities, major sports exhibition or entertainment facilities, mixed uses of commercial office and/or residential are also permissible within this land use designation." End of quote. Mayor Suarez: OK, I'll entertain a motion on that and nobody moves it, I'll move it myself. Mr. Dawkins: Moved. Mayor Suarez: Moved. Mr. Plummer: Mr. Mayor, I've got to have a percentage in there or I have to vote against it. Mayor Suarez: I second it. Well, yes, the DRI restriction already applies and... Mr. Plummer: But I don't think 15 percent is adequate. Now, what I'm saying to you is, there's got to be some measure of control and I'm not smart enough to sit here and say that 20 percent is reasonable or 25 percent but there's got to be some measure of control. I would like to go with 20 percent. Mr. Bercow: Mr. Commissioner, if I may, the DRI presently permits... Mr. Dawkins: Well, if 5 percent will get your vote, I'll move it with 20 percent, if 5 percent is all it takes to get your vote, 20 percent, one -fifth. Mr. Bercow: If I may suggest, the DRI presently limits office and retail in this area to approximately 1.2 million square feet at build out of which 15 to 20 percent is retail. You already have the limitations in place. Mr. Plummer: No, you don't, let me tell you why you don't, OK? One developer could come in there and use up every bit of that criteria set forth and the rest of the developers will have naught. So, you can't apply what is applied to the entire district, without limiting each one who will not take it all unto himself. So that restriction really does not apply, whereas if a percentage was applied to each parcel, each developer, then he could only have X number. Mr. Bercow: Is that percentage going to apply to only the Biscayne Boulevard strip or all of Overtown Park West? Mayor Suarez: We would have to change the whole comprehensive plan and build percentages into it and I guarantee you, I'm not going to vote any such 29 January 26, 1989 complicated tool and I have a motion and if I have a second, I'll vote on it. Commissioner, you can make a substitute motion if you want. Mr. Plummer: No, no. Mrs. Kennedy: I'll second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-85 A MOTION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE PLAN, FOR THE AREA BOUNDED BY N.E. 11TH STREET, N.E. 2ND AVENUE, FEC RIGHT-OF-WAY AND BISCAYNE BLVD. FROM OFFICE TO RESTRICTIVE COMMERCIAL AND TO INCLUDE AMONG THOSE PERMISSIBLE COMMERCIAL USES RETAILING, PERSONAL AND PROFESSIONAL SERVICES, REAL ESTATE BANKING AND OTHER FINANCIAL SERVICES, RESTAURANTS, SALOONS, CAFES, GENERAL ENTERTAINMENT FACILITIES, PRIVATE CLUBS AND RECREATIONAL FACILITIES AND OTHER COMMERCIAL ACTIVITIES WHOSE SCALE AND LAND USE IMPACT ARE SIMILAR IN NATURE TO THOSE USES DESCRIBED ABOVE. (Note: The substance of this motion is contained in the First Reading Ordinance passed on this item.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Rosario Kennedy Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. De Yurre: Again, do we have restrictions set as J. L. is saying? Mr. Plummer: No. Mr. De Yurre: OK, I'll have to vote no. Mr. Plummer: There's no percentage applied. Mr. De Yurre: You know, we have to do this with some levelheadedness and though we may have a lot of civic mindedness at this point in time, I don't think that we can afford to down the road put this in the hands of people that, you know, when you have a dollar sign in front things kind of change abruptly. So I have to vote no. Mr. Plummer: This is designed to be a means of control. Without the percentage I don't see that control being put forth and I would have to vote no. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Now, what other areas - you want to address now the Overtown Park West area? Mr. Bercow: The area west of... Mr. Plummer: Yes, three to two. I agree. Mayor Suarez: West of the one which was voted on. 30 0 0 Mr. Dawkins: West? Mayor Suarez: We previously moved from their recommendations which have been more restrictive to what you had suggested at the prior meeting and we gave you the red coloring which is called restricted commercial, right? Mr. Olmedillo: That is correct. Mr. Cardenas: Let me read to you... Mayor Suarez: You want now to include other kinds of things. Mr. Cardenas: let me read to you what is the general commercial that you voted for that we need in order to survive. Mayor Suarez: I understand that there was confusion as to what we thought we voted on, counselor, but I don't know that that's going to mean all that much. At this point what we ought to do is decide where we are and what we ought to do and not get too concerned with history. Mr. Cardenas: Let me read to you what permits - let me tell you about five or six businesses. Sal Fresnik, who is here, just finished a jewelry manufacturing concern there, moved in, open a new business, people employed who live in the area, wouldn't have happened without what we're asking for. You have Texas Supply who brought their Greyhound station expanded; couldn't have expanded with a restricted commercial you're proposing for it. Sal Fresnik could not have built the business he built with the commercial restricted you're proposing. We have Justo Mayo who's got an electrical shop business. He would be out of business with your proposed zoning. We've got Ed Cromer who's been there forever, we got Howard Reeder, we got Oceanic Wholesale, we've got the Port of Miami that's in an over- growing process and you need warehousing and businesses in the Park West Overtown possibilities. Mr. Mayor, here's a paragraph that's in general - commercial, that permits all of these businesses to exist and all of these folks to be employed. Other permissible uses within the general -commercial category, include mixed uses for warehousing and office, or warehouse and retail showrooms are also permissible within this land use category. That's the wording that we need for all of these folks to have a legally zoned business and for folks who want to have their type of businesses, to be able to have it. If you zoned us restricted commercial, these guys are... Mayor Suarez: Counselor, we know the argument, the policy argument. What we have to is make the decision here and you want us to include things such as, just give us a, general description and we'll make the policy decision. Mr. Cardenas:• Mixed uses of warehousing and office, or warehouse and retail showrooms are also permissible within this land use category. That's general commercial. That's what I thought we had. Mayor Suarez: Let's see what the Commission wants to do. Mr. Dawkins: Mr. City Attorney, Mr. Cardenas just said that the businesses that are there now would be illegal. Is that a correct statement? Mr. Maxwell: They would be nonconforming, Commissioner Dawkins. They would become nonconforming within one year. Mr. Dawkins: But they would not be illegal? Mr. Maxwell: Well, they could not expand. Their expansion would be... Mr. Dawkins: No, no, legally allowed there? Mayor Suarez: As existing, right? Mr. Maxwell: Not illegal, no. Mr. Dawkins: All right thank you, so they wouldn't be illegal. That's all I need, OK. Mr. Cardenas: It would be illegal to expand and it would be illegal for Sal Fresnick to start a new business. 31 January 26, 1989 Mr. Dawkins: You're doing semantics on me, counselor. Mayor Suarez: We know that, we know that. We've gone through what it would take to expand and what the requirements would be. The Commission has to make a policy decision. Madam Commissioner. Mrs. Kennedy: Let me just ask Mr. Cardenas. What would you like, second hand, items and automotive repair services? Is that correct? Mr. Cardenas: I am interested in the wording I gave you. Mixed used for warehousing and office, or a warehouse and retail showrooms are also permissible within this land use category. If we have that possibility, we're home and that's what I thought... Mayor Suarez: I'll move that modification, we'll get it started here and see what policy decisions the Commission wants to make. I'll move that modification that would include that. I don't see at this point in the development of the City that making that restriction makes any sense. I'll so move. Mrs. Kennedy: Let me second for discussion purposes. Is there any way that we cannot separate? Mr. Rodriguez: No. Mrs. Kennedy: No? Mr. Rodriguez: To understand the motion from the Mayor, you are moving this citywide? Mrs. Kennedy: General. Mr. Rodriguez: When you move it over there, every place in the City where you have the same color, you will be allowing warehousing, and sometimes it might be adjacent to a single family area, residential area. Mayor Suarez: OK, I'm looking through, yes I am looking through the map and I see red, OK, in some portions of Liberty City, along I gather it is NW 7th Avenue? Mr. Rodriguez: This shows only the changes. Mayor Suarez: I'm sorry? Mr. Rodriguez: The map that you are looking there, are only the changes from the previous area. If you do it throughout the City, you are going to have things all over the place and you might be allowing warehousing in areas where you don't want them. Mayor Suarez: And you are saying you'd want to exclude under your theory, or philosophy, warehousing from places where we now would permit restricted commercial, which is hotels, retail... Mr. Rodriguez: Serve some other type of services. Mayor Suarez: Isn't his definition... commercial restricted, right... isn't his definition a little bit more restrictive than just a simple warehouse by itself? Isn't he saying that it has got to be in combination with a store of some sort? Mr. Plummer: You're changing ordinances. Mayor Suarez: Isn't that... yes, counselor, didn't you make it sound like you were saying warehouse, if it's in adjunct to a store of some sort, the way you worded it? Mr. Cardenas: Yes, well the easiest way to do it is to make us general — commercial, that way you're not changing what you've already done for everybody else. Mr. Plummer: And you are proposing that for where? Mr. Cardenas: For Park West. Mayor Suarez: Yes, let me have the motion apply only to Park West/Overtown. We need any kind of development we can get in Park West/Overtown. We, of course like to have some of the things that we have on the drawing boards and we induced those, by the way, and I know that Bill Perry was here, the Reverend's here, we induced that by financing the kinds of things that we want in that area. It is difficult enough to get development in Overtown and... Mr. Dawkins: I don't mind Overtown. I just told my concern, and J.L. voiced it, I mean, he did. If you open the flood gates here, then this applies citywide. Mayor Suarez: OK, let me restrict my motion then to the Overtown/Park West area as defined presently. Mr. Dawkins: OK, can you do that? Mr. Cardenas: Yes. Mr. Rodriguez: You are stating that you are... Mayor Suarez: Which is part of the downtown business district, or has always been part of the downtown business district. Mr. Rodriguez: You are saying that you are gong with the motion of a general designation purple color for that area? Mayor Suarez: Yes, for Overtown/Park West there. Mr. Rodriguez: In doing that, you will be disallowing the residential uses in that area. Mr. Cardenas: I disagree. Mr. Maxwell: Oh no. Mr. Plummer: Yes, sure, commercial prohibits. Mayor Suarez: Why? Mr. Cardenas: I disagree. Mayor Suarez: Well then, straighten it up so we don't disallow anything. Mr. Plummer: Mr. Mayor, may I offer a suggestion on anything that we do today, anythingl Mayor Suarez: Let me just see why he is saying that we wouldn't allow residential. We are building residential towers. How could it not allow residential? Mr. Rodriguez: If you go with the general -commercial designation that they want, in the general -commercial category, it doesn't allow residential, because it is an area that is intended for a different type of use. Mayor Suarez: Well, we give me the classification that would allow residential so I can make the motion and we can hopefully... Mr. Dawkins: They don't want that. Mr. Rodriguez: The restricted commercial that we suggested to you before, that they don't want it. They want to have a semi -category. Mayor Suarez: I move the restricted commercial designation with the addition for Overtown/Park West of your wording which is... Mr. Cardenas: Mixed use of warehousing and office or warehouse and retail showrooms are also permissible with its land use category. All you have to do is... 33 January 26, 1989 Mayon Suarez: There you go, that's itl I hove the restricted commercial with that additional modification. Mrs. Kennedy: Ok, I second with that provision. Mr. Rodriguez: I'm sorry. Mr. Plummer: Mr. Mayor. Mayor Suarez: For Overtown/Perk West, what's wrong with that? Mrs. Kennedy: Can we do it? Mr. Plummer: Mr. Mayor. Mayor Suarez: Let me see if technically it's a deficiency, otherwise we can't... Mr. Maxwell: Mr. Mayor. Mr. Rodriguez: If it is, let me see if I can find a way. I'm trying to think fast, OK? Mayor Suarez: I wish you had been thinking faster before we got to this point, knowing... Mr. Rodriguez: We thought all the way through, Mr. Mayor, and what we recommended to you is the best recommendation that we have. We are trying to accommodate what you are asking to see if it is proper. Mr. Maxwell: Mr. Mayor. Mayor Suarez: Yes. Mr. Maxwell: If I may, as I observe what's going on here, may I suggest that there is maybe another way to do this. Find out what changes are proposed by representatives by legal counsel here today. Instead of mending the Code today, have staff... Mayor Suarez: We are not really amending the Code, we are trying to pass on first reading a Miami Comprehensive Neighborhood Plan. Mr. Plummer: No. Mr. Maxwell: Which is an amendment... Mayor Suarez: We are not changing, we are trying not to change any zoning classifications. We're certainly not changing the DRI that's already in place. Mr. Plummer: It is not changing Code. Mr. Maxwell: In all respect... Mr. Dawkins: Did anybody second the Mayor's motion? Mrs. Kennedy: Yes, I did. Mr. Dawkins: OK, because I was going to vote against it in the voting so we could get on. Mayor Suarez: Is there a technical deficiency with the motion as made? Mr. Maxwell: What I was suggesting, Mr. Mayor, is that you find out exactly J what is being asked for today, have staff consider those items and come back to you on second reading. Mayor Suarez: They've explained it pretty well! They want to have mixed �t warehousing and... 34 }Y 0 0 Mr. Maxwell: Remember, Mr. Mayor, that whatever you do today is going to be scrutinized by DCA. It has to be in compliance. Mayor Suarez: Oh, it is going to be scrutinized by the whole world, but you know... that's my motion, that is my motion! We've got the Overtown Advisory Committee, Panel, rather - we've told them, and I want the citizens of this City to know, we have many, many items of urgency in the City besides amending and proposing a Comprehensive Neighborhood Plan, which is probably not needed at all in this particular jurisdiction and you are not making it any easier, and those people have been told that we are hear them as soon as they are here, and that's going to be the next item. Mr. Dawkins: Under discussion. Mayor Suarez: The City has a lot of important things to get to besides amending a plan that doesn't even make that much sense. Mr. Dawkins: Under discussion, I'll be voting against the Mayor's motion in that I feel that to do this, we cannot... we'll be in court defending ourselves with spot zoning or something, and maybe you'll look up and we're doing it all over the City. Mr. Plummer: Well, there is one other safeguard. DCA has final approval and if they disapprove this plan, then it has to come back for revamping. I think that something has got to be said here and now and I think the bottom... Mr. Dawkins: You make it short now. Mr. Plummer: Well, I don't know that I can be, never have been, so I don't know why I would start today. I think we have to look at the overall project and say what is our goals. Do we want warehousing in that particular area? Is that the best thing for that particular area? Is it going to give us the development of fine quality that we want to see in the future? Definitely those people who are there should be protected. They are there, they've got their life interest and savings in that. What you want is a developer, as Cruz, to put up a 31-story building of mixed used professionals and walk out next door to a body repair shop. Is that the kind of development that you want to encourage? And to me, the answer is no! To me, we want to encourage in that area the amount of gap between Omni and downtown and I think that is the kind of thing that the goals that we should be trying to accomplish I don't see that here. Mr. Cardenas: I don't believe that anything I have requested is in conflict with that goal, Mr. Plummer. I think that goal is in keeping with the general economic conditions and growth of the area. Every single use that you have set forth is permitted under what I've requested and the general forces of the market place are going to permit that to occur. Mr. Plummer: Al, my problem is very simple. You are speaking to more than a single issue here, OK? The Mayor said that it didn't change the Charter or the Code, well it does, because when you apply it, it applies citywide, OK? That's my fear. Mayor Suarez: Let me just clarify that the motion is only as to that area. Mr. Plummer: I don't think you can do that. Mr. Cardenas: Yes, you can. Mayor Suarez: You can, J.L., because the whole idea of a Comprehensive Master Plan is to specify the kinds of land designations... Mr. Plummer: Excuse, not the Code, Mr. Mayor, the Master Plan, yes, but the Code, you've got to go back and change the Code. Mayor Suarez: We are not changing the Code at this point, it is just the land use designation that we are proposing and I'm only proposing as to Overtown/Park West, which is part of the downtown business district and part of what we're trying to do to promote the growth of that area in downtown. Mr. Plummer: Does that not put us in conflict with our own ordinances? 35 January 26, 1989 i 0 lip Mr. Rodriguez: The only way that I can see that you can do what you're trying to do, Mr. Mayor, is creating a new land use designation for that particular trsa that doesn't apply to the rest of the City, only... Mayor Suarez: That's it. All right, that was a new one, you've come up with a new color and apply it to it, that was my motion and I stick by it and you can come up with whatever color you want to give it. Mr. Plummer: Mr. Mayor, so I will not look negative, I am going to vote yes on that motion for the first reading, but I am going to demand of the Planning Department before second reading... Mayor Suarez: Yes, you want to know the implications as to the Zoning Code, obviously. Mr. Plummer: I want to know the impact and long term use, is what is going to be affected before I vote on second reading favorably, because if without it, I will not vote on it favorably, and I will weigh the decision on the impact shown by the Planning Department as predicating my vote. Mr. Rodriguez: And he's to create a new category for that particular area only. Mr. Plummer: See, that's the point. Mr. Dawkins: I will be voting no now and I will vote no next time. This is a method and a means to circumvent zoning. When you look up, once you do this, every Commission meeting you will have a zoning request to change and regroup and Overtown/Park West will go to hell. Mr. Sam Pool: Mr. Mayor, my name is Sam Pool. I have offices at 1200 Brickell, and I represent Hallenden Properties immediately west of the Arena. Mayor Suarez: Are you going to oppose the motion? Mr. Pool: Yes, and specifically for the reasons that Commissioner Plummer mentioned. If someone wants to put up a high quality office or mixed used development in that area, if there is an existing warehouse use, then it's one thing. Mayor Suarez: Which there is of course, right now. Mr. Pool: Right, but this is intended to be forward looking and we would hope that over time what we will see developing in the Park West/Overtown area is more of the kind of development that we now have in the downtown area with a residential component added to it and I don't see... Mayor Suarez: Oh no, no, some of us would be very happy to see just residential being built there, you know. Mr. Pool: Well, that's fine, but I see a conflict there between that and a warehouse use as a longer term perspective. No problem with the existing use, but as a longer term, and this is intended to be forward looking, I see that as a problem for the future plans of development in this area as it affects my client. Mayor Suarez: Yes, I understand what you're saying, you've explained it very well. My feeling is though, that land use planning generally does not really promote development. It really tends to hinder more than anything else, but I hear you. It might have that effect that you're saying. I hope it doesn't because if it does, we are going to have to change it very quickly, because we have specific things we want to do in that area, unless of course, assuming the motion passes and he's chairing the Commission, actually. It's my motion. Mr. De Yurre: We have a motion and a second. Do we have any further discussion? Please call the roll. 36 January 26, 1909 77, The following motion was introduced by Mayor Suarez, who moved its Adoption: MOTION NO. 89-86 A MOTION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, VOLUME 1 TEXT, PAGES 1-14, BY ADDING A NEW LAND USE DESIGNATION CATEGORY -"RESTRICTED COMMERCIAL - SOUTHEAST OVERTOWN/PARK WEST." WHICH INCLUDES ALL THE DESCRIPTION UNDER "RESTRICTED COMMERCIAL" ON THE SAME PAGE, TO INCLUDE THE FOLLOWING ADDITIONAL LANGUAGE: "MIXED USES OF WAREHOUSING AND OFFICE, OR WAREHOUSE AND RETAIL SHOWROOMS ARE ALSO PERMISSIBLE WITHIN THIS LAND USE CATEGORY;" FURTHER AMENDING SAID PLAN, FUTURE LAND USE PLAN, FOR THE AREA BOUNDED BY NE 11 STREET, NW 1ST AVENUE, FEC RIGHT-OF-WAY, AND NE 2ND AVENUE (EXCEPT THE MIAMI ARENA), FROM RESTRICTIVE COMMERCIAL TO THE NEW RESTRICTED CATEGORY; FURTHER DIRECTING THE PLANNING DEPARTMENT TO REPORT BACK WITH A STUDY OF THE IMPACT OF THIS CATEGORY. (Note: The substance of this motion is contained in the First Reading Ordinance passed on this item.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: With the full clarification that I am voting favorably to allow it to go to the Planning Department to come back with the full impact created by that which is proposed, reserving my independent vote on the second reading, I vote yes. COMMENTS MADE AFTER ROLL CALL: Mr. Bercow: Mr. Mayor: I just would like to get a clarification as to the geographical extent of that last motion. That was west of NE 2nd Avenue? Mayor Suarez: I think it is correct that it would apply to what is now in red, and we have been commonly referring to as Overtown/Park West. Mr. Bercow: West of NE 2nd Avenue. Mayor Suarez: Is that correct, Dave? NOTE FOR THE RECORD: At this point, Regular Agenda items 1 and. 11 were withdrawn by the Administration. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING ITEMS TO CONSIDER THE REGULAR AGENDA. ------------------------------------------------------- :r 37 January 26, 1909 :- je 3. A. STATUS REPORT FROM OVERTOWN DISTURBANCE REVIEW PANEL. B. PANEL CHAIRPERSON TO REPORT WHETHER OR NOT PANEL ACCEPTS STEVE HELFMAN, ESQ. (FINE JACOBSON) PRO BONO SERVICES TO PANEL. Mayor Suarez: OK, we promised the Overtown panel that they would get to make their report whenever they showed up here. I think it is a matter of urgency. I think we are going to have to interrupt these proceedings to hear them and get back to it. Father Barry. Father Marquess Barry: Good morning, honorable Mayor and Commissioners, the Citizens Independent Review Panel has met twice, Friday, January 20th, Monday, January 23rd, at Blackett Hall, St. Agnes Church. On Friday, January 20th, we did nothing more than to become familiar with each other. However, on Monday, January 23rd, as the City Attorney brought to us the scope and limitations set forth by law, as regards to this panel, there was some general confusion. I don't think that anyone on the panel thought that the panel was empowered with unlimited access or freedom to any of the physical evidence as it relates to the Overtown shooting. I think all of those who sit on the panel realize that power, like freedom, all has its limitations and its boundaries. However, as the City Attorney spoke to us... Mr. Plummer: Mr. Mayor... excuse me, Father, I think it is important enough to stop you for one minute to get the City Manager present for your presentation. I think... Mr. Rodriguez: I already asked him to come down. Mr. Plummer: I would ask you to wait. He is the man who will be making decisions and until he arrives, I would ask you to hold your presentation. Mayor Suarez: Is the panel otherwise, at least procedurally composed? We have the eleven members serving. You've had one meeting? Father Barry: We've had two gatherings and I would say of the two gatherings, I would consider one of them a half meeting. Mayor Suarez: Who is assisting from the City... there is the Manager right there. Who is assisting from the City as far as staff? Is the Office of Professional Compliance? Is it... Mr. Odio: It's Angela Bellamy, the Assistant City Manager in charge, and she has Dr. Hattie Daniels. Father Barry: Dr. Hattie Daniels. Mayor Suarez: Is so then it comes under the Affirmative Action Coordinator and Internal Review? Mr. Odio: Yes. Mayor Suarez: Internal Audit and Reviews is the department that you work under, right, doctor? Dr. Hattie Daniels: Yes, Internal Audit. Right now, Mayor, the Manager appointed Angela Bellamy, and Ms. Bellamy has asked my office, you know, to serve as staff to the panel in that... Mayor Suarez: Not the Office of Professional Compliance, OK, very good. And they have been cooperating, Father? You've been getting all the staff support that you need? Father Barry: Yes. Mayor Suarez: OK, proceed, Father. Father Barry: As the City Attorney went through the resolution for us, passed by the City Commission, it became evident that there was much confusion. We need to have that resolution, the intent and scope of it, clarified by the i 38 January 26, 1989 City Commission and we would also like to have included in that clarification some statement to the effect that the panel developed an action plan to provide Zv. tim .,evelvpment and implementation of coordinated programs to deal with the causes and results of conflict and to promote the inter -group understanding as we proceed with this. Just last evening I was reading the report from the Blue Ribbon Committee, of which the Reverend Dr. Winston Rudolph served as Chair and presented to the City Commission in 1983 and I was not shocked, but surprised to see that much of what we had been charged with in this newly created panel, same charge that Blue Ribbon Committee was charged with, the only difference being that the newly created panel has subpoena powers and I sort of view that as having a steak to eat with no teeth. I would ask of you for further clarification of the resolution and that the scope will be broadened for the panel to develop an action plan and to provide for the development and implementation of that plan. Mayor Suarez: Father. Father Barry: Yes. Mayor Suarez: I saw a document prepared by the chairman of the Advisory Board of Overtown, Dr. Perry, which was pretty broad, as I read it. Is there... have you had access to that and has that been read to the panel and is that the kinds of things that you would like to have as the scope of your... Father Barry: We have that, but I think... Mayor Suarez: You want more than what is... Father Barry: Yes, I think you need to broaden that, go back and look at this resolution. Mayor Suarez: Can you give any specifics in what broader... Father Barry: I'll just give you the one that I would like to see come out of this panel and action plan for really doing something in Overtown. Mayor Suarez: Was there any implication that you wouldn't be able to do an action plan as a result of this? Father Barry: Well, the problem is not developing the plan, it's implementation, which comes on your side. I think the Reverend Dr. Winston Rudolph's group in 183 gave us the history, the problems, the causes and I am not too sure that what was said then, has really been heard! Mayor Suarez: Are you saying that your concern about your role ending up being advisory, and then not having your advice implemented by the Commission? Father Barry: Exactly. Mayor Suarez: OK, I was afraid of that. Now, what would you propose in regards to that quandary that we have? Father Barry: Well, what I need, I can't speak for the panel. The panel has to go through this, has to speak with people in the community, both in the secular world and those in government, and we need to be of one mind when we come before you, but I am hopeful that you would redefine this resolution for us and have it ready for us if you can, perhaps through the City Manager's office when we meet again on Tuesday morning at 10:00 a.m. Mr. De Yurre: Father, let me ask you, you've seen the report, I'm sure, that was made in 1983. Father Barry: Yes. Mr. De Yurre: Do you feel that today in '89, it's been any different? Father Barry: None at all. Mr. De Yurre: Then why don't we just go by that report and start implementing that? Father Barry: I would have no problem with it. 39 January 26, 1989 Mr. De Yurre: And we avoid all of this having to go back out there again. Father Barry: I would have no problem with it. I think the City really didn't do its job. Mayor Suarez: That that include an independent review panel on a permanent basis, that other report? Dr. Winston Rudolph: I don't remember. Mayor Suarez: For complaints and so on against... Mr. Plummer: An ongoing monitor. Mayor Suarez: Yes, an ongoing. Dr. Rudolph: Yes, it did, yes, it did. Mayor Suarez: With subpoena powers? Dr. Rudolph: No. Mr. Plummer: No. Dr. Rudolph: That report would save both the Commission and the community a great deal of time and money. We simply need to look at that report, to implement those recommendations which are applicable. Mayor Suarez: And maybe prioritized? - prioritize the ones that you think are most important, because if we can't implement them all, we'd certainly like to know 'what you believe the priorities are in 1989. They may be exactly the same as they were... Dr. Rudolph: They're not different. The same problems exist. The Commission simply did not treat the problems, nor the recommendations to correct them. Mayor Suarez: You know, if we got back from you, as the Vice Mayor is proposing, a recommendation that we begin implementing what was already recommended before, you know the way to proceed might be to have a joint session of this Commission and your panel, where we start on the business of how do we implement it. Father Barry: I think that makes sense. Dr. Rudolph: That makes sense, and that's why you've got to have an action plan, otherwise the process becomes academic again. Mayor Suarez: Yes, as opposed to expecting you to investigate and investigate, in fact as to the shooting, we've had charges being brought, so there is a certain limitation already there and you know, to have a board meeting with the implication that great things are going to come out of it when really this Commission is going to have to take action. Dr. Rudolph: We understand clearly what the scenarios are. We know what the questions are. We need the resolutions. We... Mayor Suarez: We know the problems, we want the solutions, right. Dr. Rudolph: Right. Mr. De Yurre: Mr. Mayor, if that's the case, I move that based on your recommendation and my suggestion, that we have a joint meeting, we take those proposals from back in '83 and do something like a workshop type of thing and take it from there. Dr. Rudolph: Get your action plan. Father Barry: Yes, I would suggest that the members of the panel, of course Dr. Daniels has agreed to send out to each of them that report from 183, so that each member of the panel can thoroughly study it, because we are really _ just spinning our wheels with this. _i r w. i - 40 January 26, 1989gu ;`- _: Mr. Dawkins: OR, I have to... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: ... disagree, respectfully, and I disagree for two reasons. Number one, you did not have subpoena power, you could not require that anyone come before you and tell the truth, and if he lied, you had no way of penalizing him, that's number one. And in 1983 the individuals who are 20, 22, 23, and 24 years old, who are interacting with the police now, were not interacting now, and in my opinion, unless you have some input from them, you do not get a true picture of the present situation. If we take the data that you have from 1983, it will not, in my opinion, reflect a true picture up to date. Now, I have no problems with that instrument being guidelines by which you operate, but I truthfully feel that you must get some input from the present 18, 19 and 20 year olds, because when I was out there, the ones not listening to me, were 14, 15 and 16 year olds, OK? They don't know anything about 1983, OK? Father Barry: I know, but that point is well taken, Commissioner Dawkins and I'm not saying that we should just disband the panel. Perhaps we can bring in, as I said before, people from government, those from the business world and the community and listen to them, but you must remember, that the subpoena powers given to the panel are really no powers at all. If we have got to wait until all of the other investigations are done, we are talking about a year, a year and one-half and we have that same sore festering. Now, one of the things I think we cannot afford to do, is to have the appearance of just sitting on our backsides and not doing anything. I think we can cut through a lot of the red tape by having the present panel review what has been done. And in addition to that, our meeting with the Commission, and at the same time, taking some statements from the community. I don't see where that would be a conflict. Mr. Dawkins: Mr. City Attorney. Mr. Fernandez: Yes, sir. Mr. Dawkins: When we created this commission, I don't recall no place at no time saying that this panel should have limited subpoena powers. When did that come about? Mr. Fernandez: By the very nature of the subpoena power itself, it's inherent in it. Mr. Dawkins: Why, explain that to me in layman language, not in a lawyer's language. Mr. Fernandez: You are the creator of this panel. Mr. Dawkins: Right. Mr. Fernandez: And if you, yourself have limitations in your own subpoena powers, you in creating them, cannot give them anything greater, or bigger, or more than what you yourselves have. Mr. Dawkins: All right, what limitations do we have placed on us as Commissioners as to subpoena powers? Mr. Fernandez: The same limitations that I explained to the panel. . Mr. Dawkins: What are they? I don't know them. Mr. Fernandez: Number one, and by the way, at the City Commission meeting where this was treated, I was not asked, Mr. Dawkins, and that's why I did not enumerate them for you, but the individual... Mr. Dawkins: OR, well don't you think this was important enough for you to have gotten in touch with each Commissioner to find out how we felt about it, or at least to inform us that we were on shaky territory and we should not have moved on it? Mr. Fernandez: Yes, sir, you're right and... 41 January 26, 1989 Mr. Dawkins: OK. Mr. Fernandez: ... to the extent I apologize. However, I did contact the Mayor and I contacted, I believe, another Commissioner with the limited time that I had, having learned about this meeting at 11:00 o'clock the night before. Mr. Dawkins: So, but it takes three members up here to move something and you contacted two and figured you had a majority. Mr. Fernandez: No, I do not do things, sir, on the basis of majority. I just do it on the basis of what I have time to do. But, let me tell you, they are very simple. First of all, any individuals subpoenaed to testify, the individual himself has rights. He can claim a Fifth Amendment, his Fifth Amendment rights. He can go into court and ask a judge to quash the subpoena for whatever valid reasons he may have. Mr. Dawkins: Well, what's wrong with that? That's the American way of life, and that's our system. Mr. Fernandez: That's right. Mr. Dawkins: Well, what's wrong with him doing that? I mean, why should we try to create a situation where an individual cannot exercise his rights? Mr. Fernandez: I'm not advancing that, I'm just explaining my role in front of the panel was merely to explain, to educate. It was not in any way at all to do any limiting of my own will or volition. The Fifth Amendment right in the Constitution, it's there before I became City Attorney. Mr. Dawkins: Are you sure of that? Mr. Fernandez: I'm sure of that. Another... Mr. Dawkins: Thank you. Mayor Suarez: Mr. City Attorney, I saw the memo from Commissioner Dawkins and you know, it seems like, instead of telling the panel the kinds of things that they could do, you, as a good lawyer went into great lengths to tell them what they couldn't do, giving them the impression they couldn't do a hell of a lot. Mr. Fernandez: I'm sorry, Mr. Mayor. Mayor Suarez: That may not have been the smartest way to proceed. In any event, they knew, and this Commission told them that they were bound by certain legal provisions. They were already there. You didn't invent them, the Fifth Amendment, or the Florida Bill of Rights. We might not agree with them, and of course, this Commission already had sent that message clearly. I think maybe we sought of over did it a little bit, but we're at a different juncture here, Father. Commissioner Dawkins made a point that at some point in 1989, certain other things may have been said and certain other things may have been heard in the streets by kids of different ages from the ones in 183 and so on. Before you get back to us, and I am not delaying anything, and before we have a joint meeting, could we not have some input from those people? Isn't that what you'd like to see before that action? It may that they'll say precisely what you said, the 183 report contains the action plan that we need and get the Commission moving on it, fine, or maybe that they'll say there is a few things that have changed and so on. Father Barry: Wide open to that, Mayor. I... Mayor Suarez: Just want to make you work a little harder and we don't want to delay this. Father Barry: But what I want us to really do, and I am sure that after we all read that '83 report, we will all agree that what we really need is an action plan in place. Dr. Rudolph: Exactly. Mayor Suarev;: But you really ought to take some input from some of the new people on the scene who were maybe 13 who are now 19 or were maybe 8 and are new 15, or whatever. Father Barry: No problem. Mr. Plummer: Mr. Mayor. Mr. Dawkins: Father Barry... I'm sorry, J.L., I do not agree with you. I don't disagree with you, OK? You are aware, as I am. Mr. Plummer: Mr. Mayor... are you finished? Mr. Dawkins: No, I'm waiting. Mr. Plummer: Oh, I'm sorry. Mayor Suarez: He wants the full Commission on this one. Mr. Dawkins: OK, the problems we know. The solutions we know. The biggest problem is money to implement it, OK? Now, I know, and you know, Father Barry, as everyone else knows that this panel must force the community to accept some responsibilities. We must make parents tell us they are going to work with us to cut out truancy. We must make parents, residents and all tell us they are going to stop, help us stop dropouts. We also know that we've got to do something with teenage pregnancies and then we must address the educational attainments so that we can put people to meaningful work. That's our problem! And I'm not going to allow you or any other panel to not say that we know the problem, we got the solution, who is going to finance it? See? May I say one thing before you get started? Steve, come to the mike please. Mr. Mayor and Father Barry, Steve's law firm has offered to provide all the legal services, if needed, pro bono, which would help us save some money. If that's agreeable, if you would accept it to take back to the board, then I will try to get the Commission to accept it. If you're not comfortable with it, we won't even bother with it. Father Barry: At our last meeting, we suggested some persons who perhaps might be brought on board as legal representation for the panel and I think it would not be fair to the members of the panel for me to accept the offer without the panel agreeing to that. Mr. Dawkins: All right, well, I would like to make a motion that we instruct the chairperson to return to the panel and say that this law firm has offered their services pro bono and that the City of Miami will hire one lawyer from the list recommended by them to work in conjunction with the other lawyers who are working pro bono. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded. You know, that motion takes into account two things here. One is the need to have like an independent legal counsel for the board, which you, I think, have been considering quite a few of them. Obviously, they would get paid and also the offer from Fine, Jacobson, if the board wants to accept it, where it might help to do a lot of drafting, a lot of the other kinds of things that any one attorney at this point probably wouldn't want to get into and which would cost enormously, even if he could do it and was billing on a per hour basis, so I think that's a very good motion. Anything further on it? Call the... Mr. Plummer: It's a recommendation to the panel. Mr. Jack C. Lewis: Mr. Mayor. Mayor Suarez: We are going to get to your point. Mr. Plummer: It's as recommendation to the panel. Mayor Suarez: Yes, just as a recommendation. Call the roll. 43 January. 26, 1989 r ' y �R § 0 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-87 A MOTION INSTRUCTING FATHER RICHARD M. BARRY, THE CHAIRPERSON OF THE CITY'S INDEPENDENT REVIEW PANEL OF THE RECENT CIVIL DISTURBANCE IN THE CITY OF MIAMI TO RETURN TO SAID GROUP AND INFORM ITS MEMBERS THAT THE LAW FIRM OF FINE, JACOBSON AND SCHWARTZ HAS MADE AN OFFER TO PROVIDE ITS SERVICES TO THE PANEL ON A PRO BONO BASIS; AND TO INFORM THEM AS WELL THAT THE CITY OF MIAMI WILL HIRE ANOTHER LAW FIRM FROM THE ALREADY EXISTING LIST THAT HAS BEEN RECOMMENDED TO THE PANEL, IN ORDER THAT SAID FIRM MAY WORK TOGETHER WITH THE FIRM OF FINE, JACOBSON AND SCHWARTZ. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner Plummer, and then we'll hear from you, sir. Mr. Plummer: And I am sure that Father Barry is aware, I would ask that prior to this meeting, joint meeting of the panel and the City Commission, one of the problems that we've always had around this City in the 19 years that I have been here, we have beautiful recommendations made to this Commission and 99 percent of them go on a shelf and collect dust because we don't have the dollars to supplement. Now, I am totally opposed to the most theory of government which says the only way to solutions are throw money at it. I would ask that the Administration, prior to that meeting, joint meeting, take that 1983 report and set to it, 1989 dollars. What are the cost factors involved in each and every facet of the recommendation from 183? Because I think regardless of how much this Commission wants to do, there are limitations as to what we can do. We have seen tremendous funds cut since 183 from the Federal government, and Miller Dawkins, meeting by meeting, reminds this community of those cuts. We have seen cuts from the State of Florida since 1983 and I would hope that the Manager, the Administration, prior to this joint meeting would sit down, upgrade from the '83 report, into 189 dollars and give us some recommendations of what he feels is doable, not promises, but doable, those things that can be done, can be said and accomplished, so that we are not giving false hope once again to this plan or any other and I think without that kind of backup material, we are going to be groping in the dark as a panel would be, so I would hope, Mr. Mayor, without a motion or a resolution, that the instructions to the Administration would be in that line. Mayor Suarez: Absolutely. Father Barry: Just two things, Mr. Mayor and I'll be through. The Miami Herald on Sunday ran an article that I wrote some... in 1983, I don't remember, 182, and there is a postscript to that article that calls on, and it calls on the black community to begin to take charge of its own destiny. And you're right, that our problem is juvenile delinquency, and the reason for that I think is that black youths do not have the same experiences of their white counterparts. We're totally strangers in our own country. But as I say that, I must also remember that somewhere after the last several disturbances, there was some $6,700,000 allocated for the redevelopment and whatnot of Overtown. But the then mayor of the City took and linked Park West with Overtown. I opposed that move because I knew that it was only going to serve 44 January 26, 1909 y to delute the problems and the force for seeing something done in Overtown. To this very day, nothing has been done in Overtown. Everything is being done on the fringes of Overtown. The other thi:,g I udnt you to remember is that the black community has always supported every bond issue floated by this Commission, save one, that was the ball stadium, the baseball stadium. Don't you think it's time that we find some way to return to that faithful and loyal community of this Commission, some of its revenue dollars? That's all I have to say. Mayor Suarez: Absolutely. Sir. Give us your name as you begin your statement. Mr. Lewis: What was that, sir? Mayor Suarez: Give us your name for the record and address. Mr. Lewis: Oh yes, I'm Jack C. Lewis, 1207 NW 3rd Avenue. The list that I gave you there, that's the list of people from Overtown, a list of people that everybody in Overtown knows. Mayor Suarez: Of this list, which you are referring to, which includes Herbie McKnight, Willie Patterson, May Demos, Annie Smith and Sarah Williams, how many are actually on the panel, Mr. City Attorney? Mr. Fernandez: I'm sorry, sir? Mayor Suarez: How many of those people are actually on the panel? I think one is an alternate, right? Mr. Fernandez: Let me get my list. Mr. Lewis: None of them, sir. Mayor Suarez: I think one is an alternate. Mr. Lewis: Well, none of them are on. Mayor Suarez: OK. Mr. Lewis: Now, these people that's on this list, I have a list of names here of people who said that they'd like to have those people. Mayor Suarez: Where's the alternate? Is the alternate listed here? Mr. Lewis: The people that you have, are people that's not known. Now, all of you who were here in Miami for the past ten, twelve years, you know when the 180 riot was, I was out there. You know when the next riot, I was out there. You know when those in between were there, I was out there. This one, I was out there. When you... well, I don't want to say that, but you was out there the other day, the little mishap you had, I told them, keep you all in the don't let nothing happen. I am in the streets some 18 hours a day and I have no fear of no man, that's why I'm there. I'm there for people's help. Mayor Suarez: The point is that you would like to have these... you would have liked to have these people who are, you believe are grass roots community people in this committee? Mr. Lewis: The voting citizens would like to have them... Mayor Suarez: I got you. Mr. Lewis:... not just me, the voting citizens and the police, they are not a minority in Overtown, so you got five. We would like to have, as they said, right there, they would like to have three more people on the panel so that it would be a minority. Now, the other... Mayor Suarez: I have done one thing for myself, and maybe the rest of the Commission would like to do it for themselves. I've asked one of these five people, specifically Erbie McKnight to be a special liaison from my office to this board without taking away from the board's powers in any way, or changing the board's functioning because see, if we get too much into the issue of enlarging the board and so on, we're never going to get any work done, that's 45 January 26, 1989 r fz ��me what scares us, but I have asked Mr. Knight to do that and have so designated from my own office. Go ahead. Mr. Lewis: One other person as an alternate is all right, as long as they have the majority, but what I'm saying is, the people on that board... now the person that they want is the minister, Minister Stark, that's the one they want, a man who they know. Mayor Suarez: Reverend Stark. Mr. Lewis: They want him, but they want that panel that the people in Overtown have chose. They want those, they don't want some people up there that they don't know, some people who when something starts, they are not out there. They want people who are going to be there. Now, when it comes to youth, 16, you remember... I know Mr. Plummer remembers, because he was here, the rest of you might remember... you remember when they had the riots in the Omni? Mayor Suarez: The Omni? Is he talking about '687 Mr. Lewis: You had the riot in Omni, they had to close Omni. There were 7,000 youths there and I was there. I had to step in to help them, they had to close Omni. Now, 16 year olds, we deal with, we know how to deal with. Sixteen to 60, we deal with them. Now, there's something needs to be done here. I don't mean the panel, they need to be here, but there are jobs. People need jobs, if they could get jobs, I will assure you that you won't have another reoccurrence. Taxation without representation will cause anybody to cause an uprising. The people are not represented. The people have no jobs. They got to have jobs. Now, this panel is picked. Reverend Stark, he said he is not interested in the money. I know if I was on it, I'm not interested in the money. I make... Mayor Suarez: What money, what money? Mr. Lewis: Whatever money, the money comes from , $60,000 something. Mayor Suarez: Oh, no, the only thing of any money that has been discussed and approved is a $25,000 budget for staff. None of the board members will participate... Mr. Lewis: This is... I understand. Mayor Suarez: That's all, just so they can function. You understand what I'm... Mr. Lewis: I understand, I know what you mean, but there's somebody making a mistake. I... Mayor Suarez: If I find out that any... you have any of the board members end up with any of the money, they could... Mr. Lewis: You don't have to, there is a lady picked, she'll send them to jail if they do anything wrong. Mayor Suarez: I got you. Mr. Lewis: But what I saying, the money that was mentioned, the people rose up and just picked one here and picked one there and picked one there. Picked those people why? They're not from Overtown! Mayor Suarez: I want to say that Reverend Willie Stark is on the panel, as you... Mr. Lewis: And he's on the panel, but they want him on this panel. Mayor Suarez: I got you, and Annie Smith is an alternate. Mr. Lewis: They want him on this panel. Mayor Suarez: I got you. 46 Mr. Lewis: You have me, but what the people want you to d people, that the people in Overtown have selected so mistakes, they can't raise up, because they picked the else, if something goes wrong, they are subject to lady, she's... Mayor Suarez: Let her speak for herself, please. o is to select those if they make any people, but anybody Now, this Ms. Sara Williams: My name is Sara Williams, 1490 NW 3rd Avenue, Miami. I have a business in Overtown Shopping Center. I think that's one of the reasons that the community came out, the Advisory Board meeting to pick some individuals who they knew. I think one of the reasons that they chose my name is because I have a business in the area, and none of the business people... Mayor Suarez: Do you also live there, Sara? Ms. Williams: No, I don't live in there, but we pay big taxes. Mayor Suarez: You know, we had a big discussion here at the Commission, where it was made very clear, people had to live in the area, so that could have been a problem. Go ahead. Ms. Williams: OK, because I wasn't at the Commission meeting when you discussed that, and I thought, someone mentioned to me that it was also if you had a business in the community or you lived in the community. I have no problem if my name is withdrawn from that list, because I am a busy person, I don't have time to play around anyway, so, but I thought, Dr. Perry mentioned to me that those six names were going to be brought before you today and you were going to decide whether you were going to use those names as alternates, or whatever capacity and I just need to know what is going to happen with those names. I have no problem with them. Mayor Suarez: OK, as to one of them I have only designated as my personal liaison. The Commissioners are free to do that themselves, without any vote or specific participation in the panel, because we can't really interfere with that panel as we set it up is my feeling, otherwise we'd delay any implementation of any plan that will actually inure to the benefit of anybody in Overtown, so that's the way I feel, but the Commission is free to act as it deems proper and I want to say for the record that we are entering the recommendations into the record at this very point and the petition, which comes with it. Sir? Mr. Joe Woodard: Mr. Mayor, Commissioners, my name is Joe Woodard. I'm not a politician nor a lobbyist. Mayor Suarez: What is your last name, Joe? Mr. Woodard: Joe Woodard, OK, which may give me some edge. Mayor Suarez: And give us where you live, please. Mr. Woodard: 70 NW 69th Street, Miami, Florida. I own a business in the riot torn area. As a result of this incident, my business as well as other businesses have suffered greatly. In 1984, beginning of '85, I obtained a loan from Miami Capital Development of $180,000 to secure a business. That business had an existing mortgage, of $75,000. A few months after I obtained that loan from Miami Capital, I satisfied that first mortgage and put Miami Capital in a first position. A few months later, I satisfied $80,000 of that loan which I had obtained from Miami Capital leaving a note of $100,000, and that, Miami Capital right now is under the capable leadership of Mr. Pablo Cisneros. Mayor Suarez: Perez -Cisneros. Mr. Woodard: Last May I obtained another loan from Miami Capital, $40,000, for working funds. A few weeks ago I satisfied that $40,000 note. But because of the riot, much of my merchandise was destroyed. Not only that, some of the customers that were coming to the area, they are not coming now. I have five employees, besides myself and that put us in a very, very, dangerous position. I'm not only speaking for myself, I'm not that selfish, I'm speaking for others in the same predicament. My recommendation to the Commissioners... Mr. Plummer: Excuse me, what kind of business are you offering? Mr. Woodard: In the automotive field. I have a heavy duty truck repair. I have a car repair, body and paint shop. We are competent, we are capable. My recommendation to this Commission is to give the businesses of Liberty City a handicap, or preferential treatment in some of the contracts from the City. Another recommendation is that you would send a representative out to some of our shops to see what we are capable of doing. Sometimes we try to obtain work from the City and we go through a lot of rhetoric and bureaucracy. I think to make a sincere and concentrated effort, we have to circumvent some of these things and get right to the root of the problem and my case is not money, my case is having some work to do. I don't need any more money. I need an ongoing type of work situation so that we can be competitive, because Just giving money is just like planting a tree and not nurturing it, giving it water. It surely would diel So, that nourishment for me would be in terms of securing some work for my firm and other firms like mine. Also, to give preferential treatment to other companies that are willing to form a partnership with the vendors of Liberty City and I think in doing this, part of the problem that we are confronted now, they would not exist, because I think the whole situation is basically dollars and cents, and if I am able to have an ongoing profitable business, a lot of these people that you have throwing rocks, burning merchandise, could be working in my shop, because I live... my shop is on the fringe of the hot -spot area. So I say to you, give this some serious concern about my recommendations and I seriously appeal to you to send some representatives into the area to see what we are capable and are qualified to do and I think expediency is a very serious thing here. I mean, it is nothing that should be thrown on the back burner and come up with two or three months from now, but something that has to be taken care of immediately. Thank you. Mr. Dawkins: And what does your business do, Mr. Woodard? Mr. Woodard: We have a two and one-half acre tract with a shop. We do... Mr. Dawkins: And it is located where, sir? Mr. Woodard: 2581 NW 72nd Street. Mr. Plummer: Say again? Mr. Woodard: 2581 NW 72nd Street. Mr. Plummer: That's not in Miami. Mr. Dawkins: That's County. Mr. Woodard: Yes, but I secured City funds. Mr. Dawkins: I don't know how that happened, but that's the County, but nevertheless we agree with you, OK? In fact, I stopped a tire deal the other day, because you being in the business. For three years I've sat here and every year we put the bid out and we award the bid to sell tires to the City of Miami. Not one black contractor ends up with any of the work. And then they tell me they can't find any black tire wholesalers and I know they are out there and you know they are out there. So, Henry, get with him and make sure that we find out what he can do in his shop that the City needs and this Commission will act accordingly, and thank you, Mr. Woodard. Mayor Suarez: Thank you, sir. Mr. Lewis: Mr. Mayor. Mayor Suarez: Last statement, sir. Mr. Lewis: Excuse me one minute. Now, I didn't see this, I was told this. If I had seen it, I'd say something, but I didn't see this, but I'm to be shown this. Said that Mrs. Kennedy made a derogatory statement, said that the people from the parade was drunk and they spilled over into Overtown... Mayor Suarez: I'm certain it wasn't an accurate quote, but... 48 January 26, 1989 Mr. Lewis: Well, it's something of that nature, I didn't see it. If I'd seen it, I would say something, I would quote it correctly. Mrs. Kennedy: I'd like to respond to that. First of all... Mr. Lewis: Are you the one lady... Mayor Suarez: Please, please, please, sir! Mrs. Kennedy: No, you mentioned my name, and of course, I really would like to address that. First of all, as it happens many times, the press quotes us, but they don't really speak to us, they take that statement from somewhere else. Never did I talk directly to those two reporters that wrote the article and secondly, if this incorrect quote has caused any anger or any problems among the black community in Overtown, I regret that it has been used to portray a wrong, a very wrong image of me. The people who know me in Overtown and through the black community in the City of Miami, know that I would never make such a derogatory remark, but you know, I have to set the record straight, because I would never do such a... say such a blanket statement. Mayor Suarez: OK. Ms. Lori Weldon: Lori Weldon. Mayor Suarez: Give us an address, Lori. Ms. Weldon: 160 NW 44th Street, in regards to the statement he just made, he didn't see it, I did. Be it misquoted or not, it came from an interview on a news station, Channel 23 in Spanish, and the translation was given to me in that same format, but this point... Mrs. Kennedy: OK, and that's the correct statement, which is not what The Miami Herald reported; however, Mr. Mayor, I think that this is totally out of order. We should not use these Chambers as a boxing match. If you have any problems and want to talk to me, Lori, come to my office, I'd be very happy... Ms. Weldon: Commissioner Kennedy, I... Mayor Suarez: As you getting, Lori... Ms. Weldon: ... have not made a statement yet, so how can you make the conclusion that I am using this as a boxing match? Mayor Suarez: Look, Ms. Weldon, as you get more and more into the political arena and activism and so on, you will see your statements many times misquoted, probably already have) Ms. Weldon: Oh yes, I have been misquoted. Mayor Suarez: And if they get translated... Ms. Weldon: I have been misquoted. Mayor Suarez: ... on top of that, I have one that was translated where I called for the establishment of a different kind of government in the City of Miami, I was referring to the strong mayor form of government, and it came out in the translation during the campaign as saying that I wanted to get rid of the then City Manager, which of course, was not what I was saying, so... Ms. Weldon: Mr. Mayor... Mayor Suarez: Not this City Manager, well that's another interesting possibility! (LAUGHTER) Ms. Weldon: Very interesting. Mr. Mayor, I understand that completely. I understand all of that, but in the same light, other supporting factors to this statement made by Commissioner Kennedy, is her overwhelming support for the Nicaraguans in the past weeks. Mayor Suarez: Obviously, the forum... Y 49 January 26, 1909 �r Ms. Weldon: Wait, just please, let me finish. Mayor Suarez: ... this morning was opened and we ir.,arr4,ed rlanning and Zoning agendas to get into the issue of the Overtown Review Panel and -.tot into the issue of... Ms. Weldon: One minute, one minute. All I want to say to you... Mayor Suarez: ... any one Commissioner's involvement in helping different people in the community. Ms. Weldon: No, I'm not going to get into a whole realm here, all I want is just sixty seconds here. The other factors is that we have not slighted any open efforts on her part to help Haitians in their plight as such, so when a statement as such is made, of course it can be misconstrued, even though I don't think it was. Now, at this point in time, I don't think the black community is willing to accept an apology with which actions... Mayor Suarez: You are obviously speaking for yourself, but you know, we... Ms. Weldon: No, no, I'm not speaking for myself... which actions... Mrs. Kennedy: Lori, please understand this is not an apology, because I did not say anything to apologize for. Mayor Suarez: OK, complete your statement Lori. We're getting on with the business of this agenda. Ms. Weldon: OK, I'll complete my statement... which actions are supported by other items which shows that her blatant disregard for the black community. Now, if being that she's not publicly apologizing, I would presume she's not even considering resignation. Mayor Suarez: Thank you for your statement, Lori. Ms. Weldon: But at this point... Mayor Suarez: That all gets resolved very well here... Ms. Weldon: ... at this point in time... Mayor Suarez: ... in the political process in due time. Ms. Weldon:... know that... yes, this will be resolved and in due time and we appreciate her presence in Washington, D.C., when the City of Miami was in such an uproar and she felt... Mayor Suarez: Ms. Weldon, you can make all of those remarks in the appropriate political forums. Mrs. Kennedy: I am sure that she also appreciates... Ms. Weldon: The bottom line is that you've demonstrated your feelings. OK. Mrs. Kennedy: I am sure that you also appreciate my presence in Overtown that night until 2:00 o'clock in the morning, as I was talking to the people in Overtown. Mayor Suarez: Or even if you want, you can request and make an appearance in the Commission and say anything you want, but in today's agenda. Ms. Weldon: OK, all right no problem. My appearance will be made, believe you me. Mayor Suarez: I would discourage you from doing it in that way, but you have a right to. Ms. Weldon: No, no, no, no, I'm not going to appear on the agenda, OK? Mayor Suarez: OK. 50 - --- - M EL NOTE FOR THE RECORD: AT f}i1S POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF THE PLANNING AND ZONING AGENDA. 4. (Continued Discussion) MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 (See labels 2 and 6). Mayor Suarez: OK, we are back to Planning & Zoning item 1, and let's go quickly through any requests in accordance with the order that I was handed, whoever all signed in. Steve, are you finished? Mr. Steve Helfman: I haven't started yet. Mayor Suarez: I was hoping you'd be finished before you started. Go ahead. Mr. Helfman: Mr. Mayor, members of the Commission, and Mr. Mayor I think I'd like to reserve, if the full Commission isn't here, I'm going to reserve and pass and come back to my item, because, two Commissioners... Mayor Suarez: At your own risk! Mr. Helfman: Thanks. Mayor Suarez: Mr. Kenny, you ready, or, are represented in this too? Oh, that's the one, OK, anyone else, Howard? Jim. Mr. Kenny: Mr. Mayor, Commissioners, my name is James Kenny, I am an attorney with offices at 400 Miami Center. I am here today representing Kenneth Treister, Howard Scharlin and Gerald Katcher, the owners of property at 3471 Main Highway in Coconut Grove, property that's referred to as the Commodore Bay Tract. I have for each of the Commissioners and for the record a written statement, which I'd like to be considered. The property that we're concerned with, is located at the intersection of Commodore Plaza and Main Highway. In accordance with the proposed future land use plan set forth in the proposed neighborhood plan, this property is shown for single family residential. It's property that does not adjoin in any way... Mayor Suarez: And that concurs with the zoning that we have specified for that area, does it not? Mr. Maxwell: Mr. Mayor, I'd like the Planning Department if it will, to indicate specifically where this property is and determine whether or not this is the property. Mayor Suarez: Are we talking about the famous Commodore Bay that has been litigated up and down in the courts... Mr. Maxwell: Commodore Bay project. Mr. Kenny: We're talking about the Commodore Bay property, which is in litigation and continues in the courts, Mr. Mayor. Mayor Suarez: ... after determination by this Commission as to what we deem was the proper zoning? Mr. Maxwell: Mr. Mayor. Mr. Plummer: Mr. Mayor, I would ask please, this is a damn important thing to this City and we cannot conduct it in the atmosphere that is going on! Mayor Suarez: I agree with you fully. Please, officers, clear the back as to anyone who cannot comport themselves and remain silent, seated preferably. And media, if you are going to film these proceedings that's one thing, if you 51 January 26, 1989 y, 11 4P are going to speak to each other you are going to have to leave these chambers, OK, media is technically not allowed back here to film. OK, go ahead, did I miss anything? Mr. Plummer: Mr. Mayor, it is my understanding that Commodore Bay, which, by the way, I voted for in its original concept, so you understand where I'm coming from. It is my understanding that that matter is now dead and over. Mr. Kenny: Commissioner Plummer, you are wrong, there are two pending cases, as a matter of fact, three pending cases. Mayor Suarez: In court, Jim... Mr. Kenny: They are still very much alive. I'm not asking this Commission in any way, shape, or form to do anything to take a decision away from the courts. That's where the zoning on this property will be decided. Mr. Plummer: Excuse me, I'm sorry, let me correct the record, because I received a memo from the City Attorney telling me they won the case, I guess with great pride. What he is now telling me is, that you are appealing that decision. Mr. Kenny: Well, Mr. Commissioner, it is a bit more complicated than that. Mr. Plummer: Why? Mr. Kenny: there is a 1983 action pending in Federal court as to which the judge has said he will wait to decide it after the zoning case is decided in State court. There's two State court cases pending. Mr. Plummer: All right. Mr. Kenny: So it is very much alive and those questions should be determined by the courts. What we're concerned about here is an effort to use the comprehensive planning process to take victory that we may achieve in the courts away from us. We want this Commission to act with respect to the comprehensive planning process on the merits without respect to the effect on the court case. It should have no effect on the court case. We simply don't want a further barrier erected while we achieving our victory in court, or attempting to achieve our victory in court. We don't want a further barrier to be erected and that's what's about to happen on the merit. Mr. Plummer: Then speak... Mr. Kenny: We have the right to appeal the decision with respect to this issue to a State hearing examiner and I would respectfully request the right to make a brief presentation on the merits on the record. Mr. Plummer: That's what I wanted to get to, OK? Speak to, as far as I'm concerned, how you could or could not be affected by that which is being proposed in this Comprehensive Plan. Now, I would appreciate that we be honest with each other. Honesty means that as it stands presently zoned, nothing to do with a proposal or a court case that is pending, but how it is presently zoned, how that affects your rights invested in that piece of property. Let's speak apples to apples if we understand each other. Mayor Suarez: Mr. City Attorney, you wanted to state something on the record as to that? Mr. Plummer: I'm sorry. Mr. Maxwell: Yes, Mr. Mayor and members of the Commission, it would be our recommendation to you that there be absolutely no discussion on this item before the Commission today. As counsel indicated... Mayor Suarez: Do we take any presentation from them at all? Mr. Maxwell: I would suggest that there be no presentation. Mayor Suarez: Can I bar it? Can I say we don't need to hear from this and... # 1 0 Mr. Maxwell: The recommendation from the Planning Department is on the record. The land is designated as they have recommended, I will leave it at that. Mayor Suarez: I guess we can register their objections to it for the reasons that they have stated. They think that if we were to change the land designation, that would be more in conformance with what they are trying to achieve in court. They've said that. Mr. Maxwell: If you allow them to talk, but I assure you that anything... Mayor Suarez: We are not going to get into a discussion on it. Mr. Maxwell: ... that staff or you say will be used against you. Mayor Suarez: We got you. Mr. Kenny: Mr. Mayor, that's correct, and any decision may be used against us, so all we want to do is to present, if we can, on the merits, the question of what should the Comprehensive Plan provide for the future of this property, as if there were no court case, as if we were talking strictly about planning on the basis of sound planning principles. Now, the property... Mr. Plummer: Which is different than reality of what exists today, so that I don't get myself into a jam, let me ask of the Planning Department, what is the present zoning as applies to the area surrounding St. Stephen's Church? Mr. Kenny: Mr. Commissioner... Mr. Plummer: Excuse me, you're not the Planning Department. Mayor Suarez: Wait, wait, counselor, he's asking Planning. Mr. Olmedillo: The zoning, remember, you are speaking about zoning. Mr. Plummer: Presently, today. Mr. Olmedillo: I've got to go back to the Law Department and the Law Department advice, please. Can I defer to... Mr. Maxwell: Our recommendation, Mr. Plummer, is that there be no discussion on this item on the record. Mr. Plummer: Sir, I heard your admonition in the beginning. Mr. Maxwell: Yes, sir. Mr. Plummer: I am not speaking to this parcel. I said at St. Stephens Church. Mr. Maxwell: Whatever you say concerning the parcel and adjacent properties will affect this case, Mr. Plummer. Mr. Plummer: I'm sorry sir, go ahead. Mr. Kenny: Mr. Commissioner, I'll be brief. I know where we... Mr. Plummer: I didn't think I pay the City Attorney for no answers, but that's what I got. Mr. Kenny: Mr. Commissioner, I'll be brief. The property, the Commodore Bay - property is zoned RS-1, single family estate residential. All other private properties surrounding the area is zoned SPI-2, the special zoning classification for the Coconut Grove Village Center that permits a mixed - residential and commercial use. The property directly south is the Barnacle. That's zoned for HC, historical conservation. The property directly north is St. Stephens in part, and Peacock Park in part. There is no property that - adjoins the subject property, which is zoned or used for single family residential. The question, and the only question is what, on the basis of sound planning principles, should be provided for the future use of the property. I want to present some photographs of the immediate area taken currently. l t 53 ,January 26, 1989 r { 0 *1 Mayor Suarez: You may go ahead and introduce them into the record. I gather the Commission has been advised by our City Attorney that we don't need to, and it's not particularly advisable o gtL into our own discussion or consideration of it further, so we are going to just restrict you to going ahead and giving it to the Clerk, to protect your own record. (INAUDIBLE STATEMENT). Mayor Suarez: You have all the variety of rights and you can exercise them, Jim, but at this point just give them to the City Clerk, please. (INAUDIBLE STATEMENT). Mayor Suarez: You might either take the remote mike, or get closer to the other mike. Mr. Kenny: The first photograph is taken at the intersection of Commodore and Main Highway on a typical weekend day. It was taken from the Commodore Bay property this year, well, 1988, late 1988. I'd like that in the record. The second photograph is of the St. Stephens property that is immediately adjacent. It shows the use of St. Stephens property during the Banyan Festival. The Commodore Bay property is at the right of the photograph, the St. Stephens property is to the left. The next photograph shows Main Highway closed during a festival event, it is the only access to the property, it is closed frequently during events. There are about 40 major events in this area per year and a number of other minor ones. It will only be a minute more. The next photograph shows the Commodore Bay property from the five story commercial building that's directly across the street, at the Sharkey's Restaurant. It shows the property from the intersection of Commodore Plaza and Main Highway. The next photograph shows again the Commodore Bay property on the right and the St. Stephens property during the Food Festival. The next photograph is a little further detail on the Food Festival at the St. Stephens property, showing the Commodore Bay property and the last photograph is of the sign that is immediately adjacent to the Commodore Bay property on the Barnacle historical site. It shows that the Barnacle is used for a paid tour admission use. The written material that I've presented, shows number one, what the text of the plan for the Grove Center this area is, and that it is to encourage business development and to have mixed use and specialty center development, that is the stated basis in the plan for the Grove Center. Item number two is the recommendation of the Planning Department with the respect of the Comprehensive Plan for this area dated July 5, 1985. Item number two is the description of the use of Peacock Park. Item number four is the resolution by this City Commission to approve the acquisition of the Commodore Bay property. Item number five is the resolution approving the agreement for cooperation with the State in the acquisition of the property and 50-50 funding between the State and the City, and item number six is the memorandum reflecting the City's concern over use of the Commodore Bay property for competing projects, such as the Coconut Grove Playhouse project. Finally, I want to note that the Comprehensive Plan for 1985, in fact show the front portion of the Commodore Bay property for mixed or commercial use. The material that's in the packet prepared for the Commission is inaccurate in that respect. It shows that the property under the 1985 plan was designated for residential use. That is incorrect. That is true only of the rear portion of the property. Finally, the material prepared for the Commission incorrectly shows the intersection of Commodore Plaza and Main Highway, not quite adjacent to the property. The property is directly at that intersection. We ask the Commission to make a decision on the merits, let the chips fall where they may, this simply is not residential property. Mayor Suarez: Thank you, once again, Mr. Planning Director, the present zoning is...? Mr. Rodriguez: The present Comprehensive Plan designation is, they are proposing.... Mayor Suarez: I was going to ask the present zoning first, but you can give it to me that way if you want. Mr. Rodriguez:... is single family. Mayor Suarez: And that is in full accordance with the present zoning? 54 January 26, 1969 7 Mr. Rodriguez: In accordance with present zoning is single family. Mayor buarez: 1,hank you. OK, should we vote on this at this point? Mr. Rodriguez: Our recommendation is to continue with the present zoning designation on the land use plan. Mayor Suarez: I hear you on that. Should we take a vote on this particular item at this point, or just wait until we vote on the whole thing, assuming that we obviously are headed in the direction of making no modification to it. Mr. Maxwell: The whole thing, Mr. Mayor. Mr. Kenny: Mr. Mayor, a request. I assume that the consensus is against this, so please vote so the court reporter can leave and... Mayor Suarez: Well, we are going to vote and use your procedures in whatever way we deem proper, and you can always... Mr. Kenny: That was a request. Mayor Suarez: Thank you. OK, anyone that wants to make any modifications in the proposed Comprehensive Master Plan, or Comprehensive Neighborhood Plan? Yes, sir, you got a minute. Maybe yours will be easy. Mr. Jay Sanchelima My name is Jay Sanchelima, I own the property at 235 S.W. LeJeune Road. Today I'm here with some other property owners along the LeJeune Road Avenue and some others had to leave, because they had to be somewhere else, but basically, our... Mayor Suarez: Where is that on the map, Dave? Can you... Mr. Sanchelima: SW LeJeune Road between SW 2nd Terrace and 7th Street. That section... Mayor Suarez: Right on LeJeune, bordering on LeJeune itself? Mr. Sanchelima: Right on LeJeune. That section there includes, it is designated as RO-2, I believe, residential, primarily residential office, I mean, residential, and we want to change it to RO-1. One of the reasons for this is the area is just not suitable for residential purposes anymore. There is a lot of traffic, a lot of noise. It is hazardous to have children around and we are sandwiched between commercially zoned areas on both sides. We feel that if the Commission can include in the Master Plan that they are now considering a provision so that this, what we consider an anachronism on one of the main arteries of the City, to be brought up to date now. It would save a lot of time and money, not only from our side, on fees and time away from work, but also... Mayor Suarez: I knew I was going to come up with the correct word. You said anachronism. I think you meant, aberration. Go ahead. Mr. Sanchelima: Well, I meant an anachronism, because slowly we have seen changes through the amendment process. Mayor Suarez: Well, maybe there is an anachronism too, maybe there is both. Mr. Sanchelima: Well, it also an aberration, but we have been experiencing that slowly there have been amendments or a variance petitions that they have consume a lot of time not only from our side, but also from your staff, so we believe that's it's a perfect vehicle for us now to update this small strip, small section. I don't know if any of the property owners that are here with me like to say anything. Mayor Suarez: Do you want to put your names into the record and say that you endorse basically that request and give us the address of your property? Mr. Miguel Nunez: Miguel Nunez, 6th SW, and LeJeune. Mr. Gilbert Padim: My name is Gilbert Padin. The address is 4200 SW 3rd Street. 55 January 26, 1989 L _ -�-- r , .. ' . 0 ON Mr. Sanchelima: Just for the record, I'd like to include this petition, has been where the names of 17 out of 20 persons that own properties in the subject area have been signified. Mayor Suarez: That is directed into the record, sir. Mr. Arnaldo Miranda: My name is Arnaldo Miranda. I own the property at 410 and 11 SW Le Jeune Road. Mayor Suarez: Members of the Planning Department or City staff... sir, do you want to give your name too? Mr. Jesus Alas: My name is Jesus Alas. The property is at 4200 SW 8th Street. Mayor Suarez: Those are awfully close to the intersection of LeJeune and 8th Street almost across from Douglas Center there? Mr. Olmedillo: They go all the way from 8th down to about 2nd Street and... Mayor Suarez: It is not Douglas Center. Mr. Olmedillo: No, it is 42nd Avenue, it's LeJeune. Mayor Suarez: And aren't there office buildings there? Mr. Olmedillo: No, as a result of another petition... Mayor Suarez: Oh, I remember that area, OK. Mr. Olmedillo: We looked into it and what you have there is basically, it's a built out area, there are apartments, Bahama Gardens Apartments, there is a vacant church and there is some buildings which are newly constructed on LeJeune Road and when we looked at it, we didn't think it was necessary to change any of the land uses there, so we stuck to what is there. We feel that the buildings are consistent with the area. Mayor Suarez: The land use designation you propose is? Mr. Olmedillo: It's multifamily medium density. Mayor Suarez: Multifamily medium density, and that is in accordance with the present zoning? Mr. Olmedillo: That and in accordance with what exists there today. Mayor Suarez: And with the present use in general. Mr. Olmedillo: That is correct, sir. Mayor Suarez: I suggest that if any further statements have to be made by your group, or arguments, unless the Commission wants to do otherwise, that we simply take up, after lunch break, which I think is scheduled to begin at 2:00 p.m. Is that correct, Aurelio? Somebody? OK, we're adjourned until 2:00, unless you want to move on this item. I guess we've heard from both sides. Counselor, were you going to... Bob? Mr. Robert H. Traurig: Not on this item, but also... Mayor Suarez: Oh yes, on the other ones on PZ. Unless somebody wanted to make a motion on their request for modification to the Master Plan as to that little area? Not at this point. OK, I'm sorry, Mr. City Attorney? Mr. Maxwell: I was just reminding you, Mr. Mayor, that you were going to take them all at once. Mayor Suarez: Yes, and we will of course, continue with PZ-1, which will mean that unless the Commission votes a modification at any point, we will be adopting the entire Comprehensive Neighborhood Plan as you are proposing. 5T ... 56 January Zb, 190A i r rii�r.r��rrrir-rrrr--r--ir: -----------rrr.--rsi�ir.�f� 14OT11 FOR THE RECORD: AT THIS POINT, THE CITY COMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNINU AND ZONING ITEMS TO RESUME CONSIDERATION OF THE REGULAR AGENDA. ----------- --------- ram --- -- 5. PURCHASE OF CAMILLUS HOUSE Brief comments (See label 17). Mayor Suarez: Commissioner Plummer. Mr. Plummer: Mr. Mayor, just for clarification, and I never use The Miami Herald as gospel, but I read... this has nothing to do with you all. I read in this morning's paper that the situation relating to the Camillus House was going to be postponed from today's agenda because there was not, there was something to do with wording. I am now, at 12:01 I am being handed a document for the proposed approval of this Commission to purchase that property. I guess, number one, I'm asking is it the intent that that matter to be handled this afternoon, and if it is, I wish to invoke the rule now of five days, so that those people will be so notified not to appear, so... Mayor Suarez: I have to tell you that it is my intention, if I am advised by staff, or a member of this Commission, that we have an impending resolution of that problem to call a Special Session and get that resolved at that point... Mr. Plummer: In five days I would have no problem, Mr. Mayor, but this... Mayor Suarez: No, I would call it instantaneously, but I want to hear the Commission on it, if you think there is many modifications and things that make it an unfair burden for you to consider at that very point, we'll take that into consideration. Mr. Plummer: OK, well, I'm just saying that this is, you know, this was handed to me at 12:01. Mayor Suarez: Yes, it's not a heck of a lot of time to review something. ------------------------------------------------------- NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF THE PLANNING AND ZONING AGENDA. ------------------------------------------------------- *,4X t r. 57 J Atlet'y .fib. 1 �' Xa t -i W N ----------------------------------------------- ------------------------------ 6. (Continued Discussion) MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. A) Amend rian fu, atea bounded by a line 150' south of, and parallel to SW 8 St., SW 30 Ave., SW 11 St. and SW 31 Ave. from multifamily to commercial. B) Instruct Planning Dept. to undertake a study of affronting properties on Douglas Road from SW 3 St. to SW 7 St. and SW 2 Terr. to SW 7 St.; instruct administration to bring back proposed land use reclassification recommendations on February 9, 1989. C) FIRST READING ORDINANCE: Miami Comprehensive Neighborhood Plan 1989- 2000. (See labels 2 and 4). Mayor Suarez: OK, unless you want to... see, it is dangerous for you, nobody wants to make a motion, so at this point, what's going to happen, you can come after lunch and make one last appeal to see if anybody will make a motion on your behalf, otherwise, we will take up the whole Comprehensive Plan and vote on it together right after lunch and after we hear a couple of other presentations. Mr. Sanchelima: The problem is that most of these people have to go back and they have... Mayor Suarez: Well, we don't have a motion on the floor to make any modifications to adjust to you. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:06 P.M. AND RECONVENED AT 2:08 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Mayor Suarez: We're still on PZ-1. Do we need to hear from anyone else objecting to the proposed comprehensive neighborhood plan, and you of course, may come back and make a final appeal if you would like. Mr. Helfman: Yes, Mr. Mayor, my name is Steve Helfman, I'm an attorney with Fine Jacobson. We have offices at One Centrust Financial Plaza. I am here on two proposed matters. There are map changes to your Comprehensive Plan map and I would like you to please consider them. The first one is for a property that is owned by Mr. Kabroski and Mr. Shecter. This is property that I brought to you earlier in the year, in July, at the transmittal hearing. It is a approximate... Mayor Suarez: That's not on Douglas, is it? Mr. Helfman: No, this is a property that is on 8th Street, on the south side of 8th Street, between 30th and 31st Avenues and it includes a trailer park, an existing trailer park. The request is to go to a general -commercial designation. The purpose of the request is to allow, to set the framework at least, to allow us to go through the MUSP process to develop an extra... Mayor Suarez: MUSP? Mr. Helfman: Yes, major use special permit process. Mayor Suarez: Thanks. Why wouldn't we want to do that, where there is now a trailer park which obviously isn't the ideal thing to have in any residential community, or otherwise. Mr. Olmedillo: In going back to the meeting of July 21st when that was brought before you, you moved for a denial and it was denied two to three. What we are recommending is that the residential use be increased, be upgraded in that particular... Mayor Suarez: Upgraded? Mr. Olmedillo: Yes, intensified. And what we have is that we have a layer of use which is the commercial property fronted on 8th Street. Then you have a 58 January 26, 1989 r F? W 0) layer of multifamily and then you come down on a layered fashion until you get down to the single family district. Mayor Suarez: From 8th Street between what avenue and what avenue? Mr. Olmedillo: That would be between 32nd and 37th. Excuse me, between 27th and 32nd. Mayor Suarez: And your idea would be to keep it residential, but allow more density. How much more density, what kinds of structures would we be seeing possibly? We are not talking duplex, and triplex, we're talking bigger than that? Mr. Olmedillo: No, we are talking about high density, sir. Mayor Suarez: High density residential. Mr. Helfman: No, well, I'd have to disagree. I think it is indicated for medium density, but aside from that, let me tell you why that position is totally inconsistent with your own plan. Your own plan calls for a special SPI district that includes this property that's shown, the boundaries are in red here. Your own plan called for SPI-C district here, which is a mixed use district for the redevelopment of the area within those boundaries. So that suggestion is inconsistent. This request is consistent with that type of mixed use redevelopment for that area. What about that SPI overlay? Mr. Olmedillo: Let me tell you what happened. When we went to the (AUDIO MALFUNCTION) the purpose was to have a mixed use. Now, when we presented... Mayor Suarez: Mixed, meaning residential and commercial. Mr. Olmedillo: And commercial, and even office. What happened is when we went to the State, they considered mixed use to be vague language. Mayor Suarez: Ah ha! Mr. Olmedillo: We had to pin it down, and we had to respond to the State's requirement. Does that mean we can get rid of all that overlay? Mr. Rodriguez: You don't want that. Mayor Suarez: No? As you simplify the zoning code, I would strongly suggest before you bring them back to us, that you figure out a way to get rid of overlays. Things are complicated enough without an overlay. Go ahead. Mr. Olmedillo: We will keep it in mind, sir, but basically that's what it is. We are responding to that mixed use concept, considered to be vague by the State and we've got to respond to it. Mr. Helfman: This is entirely consistent with the City's plan for this area. The concept of SPI in the Comp Plan was rejected by the State because of the zoning concept and we are talking about planning here. They didn't want it in the plan, because it refers to zoning and not planning. This is an opportunity to provide a much needed use in that area. It is a supermarket, which the people of that community need. It also provides the framework for getting rid of this unsightly, densely populated trailer park. This is not the type of use that is consistent with the development in that area. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Helfman: Yes, we are. We will be utilizing the entire trailer park. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Helfman: Yellow is the property that we are asking to be redesignated. The frontage property already has the proper designation, which we own also. That is the stuff right on 8th Street. _- Mr. Plummer: What about to the east and to the west of the yellow property to 32nd Avenue? Are you going to eliminate the trailers out of there? Mr. Helfman: We don't own that property and... 59 January 26, 1989 • v_Y Mr. Plummer: But that which you are proposing in the yellow, is not even seen, so it is not unsightly to the general public. Can't see it for the rest of the trailers. Mr. Helfman: Well, you can't see it maybe from 8th Street, because there is an office in the front, but you travel that neighborhood, you can certainly see it from many points. In any event... Mr. Plummer: What happens... all right, you are asking for a liberal commercial. Mr. Helfman: No, there is no more liberal commercial in you plan, it's a general -commercial classification. Mr. Plummer: What happens then, to the rest of the area designated in red? Mr. Helfman: The rest of the area shown by the red boundary is merely to show you what your Planning Department has proposed as an SPI special district. That's the only reason that red is there. We are not asking for any action with respect to the red area. Mr. Plummer: First of all, let me get the record straight. I favor the grocery store 100 percent, OK? I think it is needed in that area, it is something that would be good for the area. My concern, when you rezone, it is without conditions or stipulations. You cannot contractually zone. Mr. Helfman: That's not true. Mr. Plummer: It is true. Mr. Helfman: We will be going to the MUSP process, which you can attach as many conditions as you like, including site plan approval, required buffering, whatever it may be. This is not the zoning process here. We still have to go through that process. Mr. Plummer: I understand that this is not the process. The process that I am concerned about, that even though it is a trailer park, for all practical purposes it is a single family residence. To my knowledge, one family lives in a trailer, so it's single family. My area of concern, if we go to a commercial district does not allow residential character in the same area. Mr. Helfman: And on this yellow property, we would not be putting any residential. It would be strictly the supermarket. Mr. Plummer: No, it's not the point. You are saying in the red lines. Mr. Helfman: I am not asking for that. Anything with respect to the red lines, that's merely just to show you that your Planning Department has proposed a special SPI zoning district in that area, which our request would be consistent with. Mr. Olmedillo: As I stated before, we did, when we went to the State and we called that a mixed use. The State said it's too vague, so we are coming before you with that land use designation that we think is appropriate, which is... Mr. Plummer: What do you think is appropriate? Mr. Olmedillo: Multifamily for the entire sector. Mr. Plummer: But that would not allow the grocery store. Mr. Olmedillo: That would not allow the grocery store. That's why it is there before you. Mr. Rodriguez: The way we feel that this might work is that if they are serious about the grocery that we have been hearing for a while, they can come before the City Commission eventually with their plan that will go through the process, it will require amendment to the Comprehensive Plan, it will require a change in zoning, and at that point, when they have something more specific to bring before you, then we can deal with that. By the way, we are supportive of the idea of having a grocery store over there. 60 January 26, 1989 -77,773 --- -- R-: . - Mr. Olmedillo: Yes, I think it is a good idea too. Mr. De Yurre: Sergio, are we in a position right now to do that, so we have to avoid going through a zoning change? Mr. Rodriguez: You could do that now. Mr. Plummer: No, you... Mr. Rodriguez: The thing is that... well, the zoning change would have to come anyhow, later on to support this. The only thing is that if you do the only yellow only, you are creating like an island in that area, you know. Mr. Plummer: You can bring it back... Mr. Helfman: This a threshold determination that you have to make. We can't even get into the process because the zoning would be inconsistent with the plan unless you give us the basic foundation to work from. He's suggesting that well, come back and ask for this at another time. We are in the process. We've had a pre -application conference. We've submitted a site plan, this is for real! But this has to be dealt with at the initial stage, or we can't even get into the zoning process. If this land is designated for residential, then as you've heard from your director, you cannot zone it for commercial purposes. So, this is the very first step in the process, although simultaneously, we are in the MUSP process only. Mrs. Kennedy: Steve, how many trailers do we have in that area? Mr. Helfman: Several hundred? I don't know. Our guess is several hundred. Mrs. Kennedy: Does Planning Department know? Mr. Olmedillo: We can go by the photograph and try to count them for you, but... Mr. Plummer: You can just about come about by saying a whole lot! Mr. Olmedillo: Quite a bit. Mr. Plummer: Because whatever you count today ain't there tomorrow. It changes daily. Mr. Helfman: Just trying to gage this thing, my guess is there's probably 250 trailers in there. Mr. Olmedillo: In fact, what Steve Helfman has presented before you, is do you want to consider this as part of the Comprehensive Plan, or you would you like to wait until the applicant comes before you with a separate application that we can take to the State, as well as we're taking the Comprehensive Plan. We cannot get around going to the State anyway, you know. Mrs. Kennedy: We cannot technically approve it now? Mr. Olmedillo: You could incorporate it in the comprehensive plan and then when it comes to second reading... Mrs. Kennedy: And then be part of second reading the next time. Mr. Olmedillo: Right and then you are addressing the land use. Anyway, they will have to go through the zoning process and they will have to go through the MUSP process, the major use process, which is... Mr. Helfman: We have a long road to go, this is the first step. We will likely be before this Commission on three or four more occasions, but without this in place, we can't even proceed further. Mayor Suarez: Commissioners? Mr. De Yurre: I am in tune to go along with this, Mr. Mayor. I think it is needed. Lord knows that people that know that area, I think the closest supermarket is 19th Avenue, going down 8th Street and the other one may be bl January 26, 1909 h d�� r Publix down 37th and Flagler. It's an area that really needs a lot of help along those lines and I'd be in tune to move for what is being proposed here at this moment in time. Mr. Plummer: All right, tell me exactly what's being proposed. Is it only speaking to the yellow, or is it speaking to that encompassed in the red? Mr. Helfman: Only the yellow, it is limited to the yellow and the requested designation is commercial -general. Mr. Olmedillo: If I may, Mr. Mayor. The problem that we will have with the commercial -general, is that again we get into the warehousing and the body shops and all those kinds of things. If we designated it, commercial, the limited commercial, which is the commercial restricted as it is in the proposed language, then we are talking about a market, a supermarket, with allowed retail, which is the kind of thing which I think is congruent with that. Mr. De Yurre: Guillermo, you have to understand the dynamics of the dollar. You are not going to spend the kind of money for what this land is worth to put warehouses there. It doesn't make sense. Mr. Plummer: Yes, but still, to accommodate, let me tell you, to accommodate their needs, if restricted commercial... Mr. Olmedillo: That will do it. Mr. Plummer: ... will suffice, that's fine. Mr. Helfman: Yes, if restricted commercial will permit a major supermarket on that site, that is acceptable to us. Mr. Plummer: And I'll vote for that. Mayor Suarez: Well, major within all the other limitations of the zoning and everything else, I mean, I don't know how major you want to make it. Mr. Helfman: Well of course, we are going to be subject to your... Mr. De Yurre: Publix, or something like that, I guess. Mayor Suarez: Yes, but I mean, there are FAR restrictions, there are zoning restrictions, there are setback restrictions. Do you want to make something the size... I don't even want to compare it to something else, but... Mr. Helfman: The restricted commercial is acceptable. Mr. Plummer: I'll vote for that. Mrs. Kennedy: OK, I'll move then to... Mr. De Yurre: Publix, if they learn to speak Spanish, but if not, they can't go in that area. Mayor Suarez: Is that your motion? Mr. De Yurre: Yes, that's my motion. Mayor Suarez: Second, thirded, any further discussion? Mr. Olmedillo: May I ask to clear the motion, please? Is that restricted to that area in yellow, or are we speaking of... Mr. De Yurre: Yellow. Mr. Olmedillo: the entire... Mr. De Yurre: Yellow. Mr. Helfman: The yellow area. Mayor Suarez: Call the roll. s_ 41 62 January 26, 1989 2' 1 " 4` '4 a �- The following motion was introduced by Commissioner De Yurre, wbo moved its adoption: MOTION NO. 89-88 A MOTION TO AMEND THE COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE PLAN, FOR THE AREA BOUNDED BY A LINE 150' SOUTH OF, AND PARALLEL TO SW 8TH STREET, SW 30TH AVENUE, SW 11TH STREET, AND SW 31ST AVENUE, FROM MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Note: The substance of this motion is contained in the First Reading Ordinance passed on this item.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: OK, anyone further? Mr. Helfman: Yes, the second item that I have is for a piece of property that's owned by my client who is here. Mayor Suarez: That's the one on Douglas that I was aware of. Mr. Helfman: Yes, Mr. Montaner, this is property that is... this is a parcel of property along Douglas Road just north of 8th Street. Just to get you oriented, this property sits within several hundred feet of the Douglas entrance development, which is in Coral Gables, but it's at that intersection of Douglas and 8th Street. Mr. Plummer: Not if it is north of 8th Street. Mayor Suarez: It is south of 8th street, isn't it? Mr. Helfman: Douglas is south of 8th Street. We are this yellow area. Mr. Plummer: Is that behind the Shell Station? Mayor Suarez: Douglas is perpendicular to 8th Street. Mr. Plummer: And it is not contiguous to the Douglas entrance. Mayor Suarez: You are saying Douglas is south of 8th Street. i Mr. Helfman: No, it is not, but it is that... I'm trying to orient everybody. That's the intersection. I've written Douglas Center, which is their entrance down there. — Mayor Suarez: OK, this is north of Douglas entrance on the east side of Douglas? = Mr. Helfman: Exactly. And the property that my client owns is within that yellow parcel right there. The request is a simple one. We are asking for a restricted commercial designation. The purpose of seeking that designation is to allow a mixed use facility on this property with commercial and office ?< space at the ground level and residential above it. There are several reasons why we think it's justified. The first is that this request would be, and a facility under that designation would be entirely compatible with the nature of that area. That is a highly commercialized area. You have that Douglas entrance facility and project, which is a multi -use project, I think it is in the area of 12 stories, it generates a tremendous amount of activity and e f. - ' 63 January 26, 1989 v, anybody who knows that neighborhood, knows that intersection. It's very lively. Mrs. Kennedy: What is it zoned for? Mr. Helfman: The property is currently zoned RG-3/5. Mr. Rodriguez: With multifamily. Mr. Helfman: Multifamily. The other •*aes in the area, immediately just to the south of us is a body shop, a heavy automotive repair facility, a gas station, which is the Shell station. So that gives you a little bit of the character of the area. It is a highly commercialized area. We feel that this request to a restricted commercial designation is compatible with it. Second thing which is important, is that the request is consistent with the pattern of development and land planning in the entire section here. The entire section of land in this area is designated for commercial use. The Comp Plan designates along the perimeter of this entire section of land, commercial designations. There's a small section in here that's for office, but as you can see, the red indicates commercial usage. The only place where there is any gap in that, is right where our property is. There is a designation for residential use. That is inconsistent with good planning, it's just not proper. What the Planning Department often refers to and you've heard it in the last application, as an island, and they use that against arguments for rezoning. That's what we've created here, and island. It's an island of residential in a sea of all commercial uses and designations. One thing that you should be aware of in considering this, the designation that the Planning Department has proposed for this property, will effectively roll back the current use on the property. The designation on your plan as proposed is for medium density residential, which permits up to 40 units per acre on a net basis. Currently, right now, the status quo is medium to high density which permits up to 60 units per acre, so effectively, what will happen, if you redesignate this as proposed in the plan is this small strip will not only remain residential, but the densities will be reduced, which is again totally inconsistent with the character of that area. It's simple, this is poor planning. It's a gap in the middle of a commercial area that for whatever reason, has remained residential, but it is inappropriate and we would request and suggest that the proper designation is a restricted commercial designation. Mr. Plummer: How long has the client owned the property? Mr. Helfman: How long? Unidentified Speaker: Four years. Mr. Helfman: Four years. Mr. Plummer: And when he bought it, he bought it as how? Mr. Helfman: As it currently is. Mr. Plummer: Which is all he has the right to expect out of it. Mr. Helfman: Well, we are considering a future land use plan here. Mr. Plummer: Oh, no, no, no. Why would he be entitled to any more than what he bought and what he paid for? s Mr. Helfman: For the same reason that other applicants have been before you and have been granted the relief that they've requested, because areas change, _ and this is the future land use element of your comprehensive plan. We're talking about planning for the future. i Mr. Plummer: First of all, you speak to spot zoning, or in reverse. I wouldn't even consider a single application. If your argument has merit, it has merit of all of the residential that remains and I wouldn't even consider a single application. I would accept the recommendation from the department, that there is a change in the neighborhood and that in fact, it might be A considered for some other district like a commercial. s Mr. Helfman: That's an excellent suggestion. is -; 64 January 26, 1989. r t -4 Mr. Plummer: But conveniently, counselor, you are forgetting to tell me from 6th Street to Flagler Street, on the other side of that street what exists. Mr. Olmedillo: Single family. Mr. Plummer: Entirely. — Mr. De Yurre: What's that? Mr. Plummer: Single family residents, directly across the street. Mr. Helfman: That's the Gables side, that's another jurisdiction. Mr. Plummer: OK, it is not and part of that is City of Miami. i Mr. De Yurre: What part? _ Mr. Plummer: Three or four blocks of it. I can show you on a map. Mr. Helfman: Across the street from this is Coral Gables. Mr. De Yurre: It's Coral Gables. Mr. Plummer: No, part of it is City of Miami. Mr. Helfman: If Coral Gables in their infinite wisdom put in a Douglas entrance also, so how can you... Mr. Plummer: The point is when you make a statement that it is totally out of character of the locale it is not. You might say it is totally out of character of the City, but across the street is totally single family, nice family residential homes. Now, you know, I can argue both ways, typical politician. I would consider the change in this particular locale, if it included the total remaining residential, because there is no question in my mind that Douglas Road on the east side is almost, whether it is a grocery _ story, Shell has built a brand new filling station there, which looked very nice, and it is a busy, busy, it's changed its character, but I would not vote to change one, without consideration for all remaining on Douglas Road of them. Mr. Olmedillo: One thing, and as I remember the stretch, the street, is that all those buildings that are there have not served their economic cycle yet. _ They were built with the existing zoning that they have there and they haven't served that economic cycle, that's one thing I want point. The other point is that counsel for the applicant is saying, what we need actually, is an office on the ground floor and then have apartments on the upper floors. That is allowed... Mr. Plummer: I would accept a recommendation for the remaining strip. Don't tell me what's in that neighborhood. My mother lived one block from there in 1929. I am pretty familiar with what's in that neighborhood. I am not asking you to stand here and tell me right now. All I am saying to you, don't do it in piecemeal. If that is, as I recall, the last remaining R zoning in that strip from Flagler to 8th, then come back and make a recommendation to this Commission, what to change the remainder, not a given location and that I would... Mr. Olmedillo: May we include that in our second reading? Mr. Plummer: Surely, sir, and I'll tell you so that you understand and the li- public understands. I will vote to change the entire parcel today, today. Mr. Olmedillo: The entire strip. 4 Mr. Plummer: Yes sir, the strip remaining of ours, OK? But that doesn't mean that at the second reading I'm going to vote for it, because I am .going, ;r#< rely heavily on your recommendation as to what it should be. ;' a Mr. Olmedillo: Thank you. h J. - A, 65,,7An4,A�7 4�� ` Mr. Rodriguez: Just for the record, we're talking about the strip that goes from SW 7th Street to SW 3rd Street. Mr. Plummer: Basically, from the .Shell station, which is there, to SW 1et Street. Mr. Rodriguez: 3rd. Mr. Plummer: Well, really, OK, yes, because I mean the commercial goes All the Nay down to the Dog Track, which is NW 7th Street. Mr. Helfman: It's 7th to 3rd is the gap. Mr. Rodriguez: 7th to 3rd is the gap they are talking about. Mr. Plummer: My mother lived there in 1929 in a coral rock home. Didn't need air conditioning, it's cool. Mr. De Yurre: By the same token, and I agree with J.L., what he is saying, we have other strips like on LeJeune, from Flagler up to 8th Street, which I think also need to be looked at and I think there is some people here who want to address that issue also and that's an area that we need to have some recommendations from the Administration as to what we can do, if Ne are dealing with the future of Miami, that's an area that is changing and maybe it is time to address it at this point in time. Mr. Plummer: What I think we need to do, Victor, is do it in consistency. Mr. De Yurre: Well, that's what I'm saying. We need... Mr. Plummer: Not in a piecemeal basis, but consistency and in an area study rather than a single piece. Mr. De Yurre: Well, that's what I am talking about, the whole strip from 8th Street to LeJeune north. Mr. Plummer: To Flagler. Mr. De Yurre: To Flagler or even further. That's all commercial, going... Mr. Plummer: Well, you are almost into the same problem here, because on the west side of LeJeune, of that, is in fact single family residences. Mr. De Yurre: It is duplexes and... Mr. Plummer: OK, but it is basically residential. Mr. De Yurre: Residential. Mr. Plummer: Where on the other side, Anthony Abraham, Florida Power and Light, the mortgage company, is in fact a commercial use. 1 Mr. De Yurre: Well, Florida Power and Light is on the west side and that goes j up j; about three blocks. Mr. Rodriguez: The only thing I want to make you aware in both cases is that if you were to grant a restricted commercial, think about the implications if this becomes zoning in the future, of the possible transitional rights that will go into the immediately adjacent residential area. You might have those neighbors that are close to it objecting to what's going to happen to them. Mr. Plummer: If I did not... Mr. De Yurre: Many people are acting illegally here as it is right now. Mr. Plummer: If I did not take that into consideration, I wouldn't have asked for your recommendation. That's what you are to tell me when you come back, the impact that's created by any change that you recommend. Mr. Olmedillo: And again, Mr. Vice Mayor, then we'll take it up the same way as you take it up. t.r; wx 66 January 26,, 19:$ik�.. a --- Mr. Plummer: I'll put that in the form of a motion. Mrs. Kennedy: Second. Mr. Plummer: And by the way, if you want to try to simplify it, I don't know what lawyer is trying to get a fee on LeJeune, but I'll do it for both areas right now. Mr. De Yurre: Well, that's what we are looking at. Mr. Plummer: Some lawyer is going to get cheated who is representing the LeJeune. Mayor Suarez: It kind of keeps the cost of doing the kinds of things we'd like them to do down a little bit, less legal fees. Mr. Plummer: I'd make a motion at this time that the Planning Department study before second reading the areas from SW Sth Street to 1st Street on Douglas Road, the same boundaries, 8th Street to Flagler Street on LeJeune Road, basically are restricted to the west side of the street on both. Mr. De Yurre: East side. Mr. Plummer: West. Mr. Olmedillo: East. Mayor Suarez: East. Mr. Plummer: East, I'm sorry, east, both, that's correct. I stand corrected. Unidentified Speaker: On LeJeune Road, it is east and west, you say? Mr. De Yurre: No, east. Mr. Plummer: No, on LeJeune Road, to my knowledge, from 7th Street, which is Anthony Abraham, would that include Anthony Abraham? Unidentified Speaker: Anthony Abraham is on both sides. Mr. Plummer: Well, but from 7th Street, actually would be from 7th Street to second street, because that's the parcel that are not presently commercial. Mr. Rodriguez: Second Terrace is the area to... Mr. Plummer: OK, 2nd Terrace, yes. Mayor Suarez: OK, we are leaving the west of LeJeune out and the west of — 37th. We are talking about the east, or both, between those streets. =_ Mr. De Yurre: West of 37th is Coral Gables. Mr. Rodriguez: If I may, if you want us to study the case on LeJeune, I think that you should consider both sides and at least hear what we have to recommend and then make a decision. i CMr. Plummer: I have no problem with that, I was just trying to create a little less work for you. — Mr. Rodriguez: Well, if we're going to do it, let's do it right, I guess. Mayor Suarez: OK, we have it in the form of a motion? Mrs. Kennedy: I second. x Mayor Suarez: Seconded. That means that in effect, are we sort of taking C these areas out of the comprehensive... —i Mr. Plummer: No, sir, what I plan on doing is moving them in that }, —; classification today with fully understood that it doesn't.,.; } Mayor Suarez: Which classification? I'm sorry. fa; 67 January 201 ..1:989 Ire° Mr. Plummer: Both. Mr. Rodriguez: The strictiy commerciai. Mr. Plummer: To the light commercial, correct? Or restricted commercial. Mayor Suarez: OK, and then you're pending possible reconsideration? Mr. Plummer: And my second vote could change, depending on the recommendation of the department. Mayor Suarez: OK, so moved and seconded. Any discussion? Call the roil. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-89 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE PLANNING DEPARTMENT TO UNDERTAKE A STUDY OF THE HEREINBELOW LISTED PROPERTIES: a) PROPERTIES FRONTING ON THE EAST SIDE OF DOUGLAS ROAD (SW 37TH AVENUE) FROM SW 3RD STREET TO SW 7TH STREET, AND b) PROPERTIES FRONTING ON BOTH SIDES OF LE JEUNE ROAD' (SW 42ND AVENUE) FROM SW 2ND TERRACE TO SW 7TH STREET; FURTHER INSTRUCTING THE ADMINISTRATION TO BRING BACK aY; of SAID STUDY FOR CITY COMMISSION CONSIDERATION AT THE MEETING OF FEBRUARY 9, 1989 WITH RECOMMENDATIONS ON POSSIBLE LAND USE RECLASSIFICATION RECOMMENDATIONS ON FEBRUARY 9, 1989 ON SECOND READING OF THE COMPREHENSIVE PLAN. k Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: .kt AYES: Commissioner J. L. Plummer, Jr.: Commissioner Rosario Kennedy^ Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre s Mayor Xavier L. Suarez I. jV7 NOES: None.- ABSENT: None. Mayor Suarez: Anyone else? Mr. Helfman: Thank you. •V• Mr. Plummer: That takes care of... Mr. Plummer: I'm sorry to cheat the attorney of record for LeJeune Road out mm;. of a fee, but I'm... s #�1 Mayor Suarez: OK, I'll entertain a motion on the Comprehensive Neighborhood_ Plan with the modifications already made. +ram Mr. De Yurre: Moved. =`r' it } Mayor Suarez: Read the ordinance. Mr. Plummer: Mr. Mayor, for the record... -` t tlYyv� � - fL,RjefYA Lµt Mayor Suarez: I'm sorry. ... Mr. Plummer: Here again, I just want to make... Mayor Suarez: Bob did you want to.. Mr, Robert H. Traurig: Yes, I have some questions I'd like t4 eels•: _ �, 3 �Y_,. rQ` h4 t S � Y i:18 -vim ELk Mayor Suarez: Please. r,r. i:aurig: For the record, Robert H. Traurig, 1221 Brickell Avenue. I've three different items. One is, if I am correct in reading the map on Virginia Key, it appears that you have included the Seaquarium property on your land use plan map and it is not in the City of Miami, it is in the unincorporated area. Mayor Suarez: Let's get that corrected if in fact, he is correct, which I believe he is, isn't he? Mr. Plummer: What is that? Mayor Suarez: The Seaquarium property is not in our jurisdiction and we cannot... Mr. Plummer: We wish it was! Mr. Rodriguez: He's correct. Mayor Suarez: We cannot move on the... OK, anything else? Mr. Traurig: Number two, I'd like to ask a question about Brickell Avenue. It appears on the east side of the street it's reflected as office. On the west side of the street, it's reflected as restricted, commercial. Now, there are some applications that are presently being discussed, in which there will be some limited commercial on the east side of the street. I don't know why the distinction between the east side and west side and I would like to get an explanation from staff regarding the distinction that it has made. Mayor Suarez: On the west? We don't provide for any commercial on the west, is that what you're saying? Mr. Traurig: You provide that the land use classification is not office, although it's all SPI-5, but restricted commercial, whereas on the east side, we're... Mayor Suarez: Well, SPI-5 is not a factor in a Comprehensive Neighbor Plan, is it? We're just doing land designations. Mr. Maxwell: That's the zoning. Mayor Suarez: Well, what are we doing on both sides of Brickell as far as providing for some commercial in the land use designation? Is that the case, ' what he is saying? Mr. Olmedillo: Yes, if I may clarify, the office use as we have depicted it, _ includes hotels, includes multifamily density, includes limited retail, which is the same question that was brought before on the Biscayne... � Mayor Suarez: Are we talking about the east side of Brickell, or both? Mr. Olmedillo: We are talking about the east side of Brickell. On the west side of Brickell the primary use.... I'm being told there is a mistake, a graphic mistake in the plan. —i Mr. Rodriguez: It looks like a graphic mistake. Ji Mr. Olmedillo: And it should be an office use. Mr. Rodriguez: It should be the same thing on both sides. Mr. Olmedillo: The same thing on both sides. z Mr. Traurig: So you... the property on the west side of the street that ' fronts on Brickell will be reflected, as the offices, the same on the east side? .j S Mr. Olmedillo: The same. Yes, for the record, it'll be the same. ; AN W. yt 4 4 �4 3. b9 apuary 26, Mr. Traurig: Right, and one last thing. I presume that in the motion that the Commission would make on first reading, if you will include all of the changes that have been reflected on your future land use plan map change sheets that are being submitted to... that's part of the package, is that correct? Mr. Olmedillo: Again for the record, yes, that's the way we are going to take it in second reading. Mayor Suarez: OK, would the movant accept all of those modifications just to clarify, and the second as accepted by staff? Corrections? Mrs. Kennedy: I do. Mr. Plummer: Mr. Mayor, just for the record, once again let me clearly indicate, 1 am voting in favor of this on first reading. There are many areas that need further discussion and further clarification and recommendations, that in no way, shape, or form, is my vote of favorable today to be understood as the same will be on the second reading. There are a lot of areas that have got to be cleaned up and understood, I am reserving my right at the second vote to possible changes. Mr. Maxwell: Mr. Mayor, there were a couple items that you had reserved action on, saying that you would act on them at the end, if these items have not....have been..... Mayor Suarez: I don't believe there's any pending, but if there is, we are going to hear it. I think one was taken care of by the prior motion. Mr. Maxwell: OK, what I am asking is just for clarification on the record, if you have not directed this specific motion, if that is be deemed denied? Mayor Suarez: Exactly, as recommended. Mr. Maxwell: As recommended, or denied? - those items that you have not specifically acted upon? Mayor Suarez: Exactly, as recommended or as specifically taken up by the Commission and acted upon, otherwise, it's as recommended by the staff. Mr. Maxwell: Yes, sir. Mr. James J. Kenny: Mr. Mayor. Mayor Suarez: Counselor. Mr. Kenny: One item of clarification very briefly. James J. Kenny, on the behalf of the owners of the Commodore Bay property. I want to clarify that our request is for commercial -restricted, as that concept has been developed in further discussions here today and that is our request rather than the SPI- 2 as set forth in the written material. Thank you. Mayor Suarez: Thank you, counselor. Mr. Rodriguez: I would like also to introduce into the record a letter dated January 10th from Mr. William Leary, from the ShoreLand Development Review Committee and I'd like to introduce that for the record. In addition to that, I want to make you aware that in the agenda of two o'clock you have several items which are in the process of getting a Comprehensive Plan amendment. You might want to take an action now with what you have all these other people before you already, or you might want to withhold and take an action after you hear these other cases, it's up to you, but there are more Comprehensive Plan amendments coming before you today. Mayor Suarez: Let's exclude those from the motion and we'll be taking them up anyhow individually, because they are on the agenda individually. Mr. Rodriguez: And in addition to that, so that we will cover all bases, we have cases which are in the process through the Planning Advisory Board, and we feel that also we should bring it to their attention today, even when there were no, sometimes lawyers here present, so at least you have the whole gamut of all the cases before you and you can make your final decision today. —' 70 January 26, 19$9 i x Mayor Suarez: Now, are you saying that we should take those up after this motion and at this point we exclude them from the motion? Mr. Rodriguez: Those cases, I think... Mayor Suarez: The ones that are not on the agenda? Mr. Rodriguez: The ones which are not specifically on the agenda you might want to hear from those and... Mayor Suarez: What about the other ones, the ones that were not on the agenda, but that you... Mr. Rodriguez: The ones which are not on the agenda because they are in the Planning Advisory Board stage, I think it would be proper that we present to you now, before you take an action and then you can deal with that before you go with the one on the agenda. Mayor Suarez: OK, if the Planning Advisory Board is looking at it, why wouldn't we wait, why don't we just leave them out and wait until that comes back? Can't do it that way? Mr. Rodriguez: Because you have then February 9th, already, it is your second reading and final. Mayor Suarez: OK, would you want us to conditionally approve that, I mean on first reading. What is the recommendation as to those two areas? Apparently we don't have any one who wishes to address that, so we'll take your recommendation, I presume. Mr. Rodriguez: At lease when you give you our recommendation, in some cases you might want to follow it. Mayor Suarez: Yes, please go ahead. I see them on the map, there, PAB-1 and PAB-3, right. Mr. Rodriguez: Right. Mayor Suarez: What is the very simple recommendation, just to have it on the record correctly, and we'll vote on it all collectively. Mr. Olmedillo: You have one in 6500 block of West Flagler Street, and it is going from a residential -office district to a commercial district and we recommended approval of that particular change and three, that is approximately 5723 SW 3rd Street and that is a change from low density residential to moderate density residential and we're recommending denial of that particular one. Mayor Suarez: OK, with those two recommendations built into the motion, does the movant accept them? J.L., did you move, or did Rosario? Mr. Plummer: No, I moved. It makes no difference, yes, I accept them. Mayor Suarez: I mean, the entire thing. I want to make sure procedurally we have the whole thing. You second it? Second accepts? AN ORDINANCE ENTITLED - AN ORDINANCE WITH ATTACHMENTS, MAKING FINDINGS, ADOPTING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, WITH MODIFICATIONS, WHICH SUPERSEDES THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (SEPTEMBER, 1985) AND ADDENDUM; PROVIDING THAT SUPPORT DOCUMENTS ARE NOT ADOPTED WITH THE PLAN; DIRECTING THE CITY CLERK TO FORWARD THE PLAN TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING A TRANSITIONAL PERIOD; DIRECTING THE ADMINISTRATION, IN THE FUTURE; TO PUBLISH A CONSOLIDATED PLAN AS ADOPTED, TO CONFORM LOCAL LAND DEVELOPMENT REGULATIONS TO THE PLAN AND TO PREPARE AN EVALUATION AND APPRAISAL REPORT; AND CONTAINING AN EXCLUSION FROM CODE, REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 7. FIRST READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan - change designation at approx. 2822-2836 NW 22 Ave. from Moderate Density Residential to Commercial Residential. Mayor Suarez: PZ-2 Mr. Olmedillo: PZ-2 and PZ-3 are companion items, PZ-2 being the amendment to the plan and PZ-3 being the zoning atlas amendment. This is a property you may remember, it was an individual by the name of Byrne who came up before you. He stated that ten years ago he had proposed something, he came before you, he was looking for relief. You instructed us to go back and make a study of the area. The application is to have the change from medium density multifamily to general -commercial. This is located at 22nd Avenue NW, just north of 28th Street. The request in the zoning atlas amendment is to go from an RG-2/4, again multifamily residential, to a CR1-2/7. The Planning Department recommends denial of both items. The Planning... Mr. Plummer: Is the applicant present? You're the applicants? Mr. Olmedillo: Mr. Byrne. Mr. Plummer: OK, go ahead, I'm sorry. Mr. Olmedillo: The Planning Department recommends denial. The Planning Advisory Board recommended approval on an 8 to 1 vote and the Planning Advisory Board, in the issue of the atlas change, recommended approval by a 7 to 0 vote. Mr. Plummer: Do we have a map? Mr. Olmedillo: I am going to have to refer you to the packet, sir. Mrs. Kennedy: Excuse me, Guillermo, were there any objectors at the meeting? 72 January;26, 10$9 3 s� s ' --- -------- Mr. Olmedillo: Not that I can recall, no Ma'am, not at the PAB meeting. Mayor Suarez: Does anyone wish to be heard against the application of PZ-2 or 3? Let the record reflect that no one has stepped forward. I understand that quite a few people are here on the Watson Island item, whatever that is, I presume that's the master plan. What item is that on the agenda? Mr. Maxwell: 13. Mayor Suarez: PZ-13, or is it regular? Mr. Rodriguez: PZ-13. Mr. Olmedillo: PZ-13. Mayor Suarez: OK, we're going to try to go through these as quickly as we can and everybody, believe me, as exigent reason why they should be... take them out of turn, but... Mr. Plummer: What is it presently zoned? Mr. Olmedillo: RG-2/4, just multifamily medium density. Mr. Dawkins: What's staff's recommendation? Mr. Olmedillo: We are recommending denial. PAB recommended approval in both instances. Mr. Plummer: What is your recommendation of denial based on? - because 22nd Avenue is a thoroughfare. Mr. Olmedillo: Up in that area, what we see is that the residential use is still intact. It's stable in that area, north of 28th Street. Mr. Plummer: Stable, but not necessarily good. Mr. Olmedillo: Stable is one thing, good is another thing., Mr. Plummer: Sir, what is your intended use for this? Go to the microphone. Mr. Bernard Byrne: My intended use is to get it... Mr. Plummer: For the record, your name and address. Mr. Bernard Byrne: My name is Bernard Byrne, 2838 NW 22nd Avenue. Mr. Plummer: You live there and reside there? Mr. Byrne: I live there and reside there, but we've had some problems there, and I've had some drug, as Rosario Kennedy knows, they've moved some houses there. Mr. Plummer: Join the crowd. Mr. Byrne: I have to be careful there. Mr. Plummer: Fine sir, what is it you are proposing to do with this property? Mr. Byrne: I have had three offers of people to come in there, one a bank, a rug company, and I cannot remember what the third one was, but my intention is to get a tenant and bring a tenant into that area. Mr. Plummer: Sir, how long have you owned the property? Mr. Byrne: Over twenty years. Mr. Plummer: See, here again, I've got a problem. You are talking about five lots. Mr. Byrne: Two of them are already conditional parking. Mr. Plummer: But you are asking us to change the zoning? 73 January 26, i9 y7ti$'� a i- 9 Mr. Byrne: Yes, sir. Mr. Plummer: From conditional use for parking to commercial. Now, troth your property, 23 to the north is going to be spot zoning again. Mr. Olmedillo: No, the... Mr. Plummer: Same problems Mr. Olmedillo: ... application as it is before you, it includes the property owned by Maria Marques, 2822 NW 22th Avenue, which is abutting the commercial district, so that way we wouldn't create an isolated instance. Mr. Plummer: No, no, sir, the remaining portion of the block is going to remain multifamily! Mr. Olmedillo: That is correct, that is correct. Mr. Plummer: And the man bought this property as multifamily and he has no right to expect any more or any less than what he paid for the property. You know, if you were talking about an area study to do it from 28th to 30th, because there is no 29th, I would feel differently. We had it turned down on... no, that was on 23rd Street. Mrs. Kennedy: Why did the PAB vote for this? Mr. Olmedillo: We made a similar presentation before the PAB and they went into discussion and they moved for it. Remember one thing. You asked us, you instructed us to go back to the area and analyze it. We went up there, and this is the technical recommendation that we can present to you. We went to the site, we looked at what was going on, we conceded that it was stable, not necessarily the best area in the City, but it was stable, the uses were not likely to be changed, therefore we made a recommendations to remain as is. Mr. Plummer: Yes, and there is one other factor here. This man has been put through an undue hardship because of back and forth and back and forth. All right, I'll tell you the motion I'll make Mr. Byrne: Eleven years. Mr. Plummer: All right, OK. I'll make a motion to grant approval subject to the Planning Department studying the remaining portion of that block to the north, to 30th Street for like zoning and that that report from the Planning Department be forthcoming before the second vote. I'll so move. Do you understand what I'm doing, sir? Mr. Byrne: Yes, sir. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. - Mr. Dawkins: When you have Mr. Olmedillo: I couldn't hear you, sir. t Mr. Dawkins: The recommendations that J.L. made, how do you feel about it?%- Are you comfortable with it, uncomfortable with it, or you what do you think? Professionally, I know you... 4� Mr. Olmedillo: Yes, technically we are uncomfortable with it, because we feel �- that that area is remaining residential. There is thrust to change the use and the character of the area. It may not be the best area in the City, but ' it is stable. Mr. Byrne: People keep moving out of this particular area as it were in flight pattern. Every airplane that comes in on an instrument ,the flies directly over my house and... . o_ — ?u January 2¢, l'A� . ------------ i MEE • Mr. Plummer: Sir, may I strongly suggest that when you are ahead, you quit talking? Mayor Suarez: Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 2822-2838 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO COMMERCIAL RESIDENTIAL AND MAKING FINDINGS. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following votes AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Now, let's be clear. Does my motion apply to both two and three, or are we taking them individually? Mr. Olmedillo: You have to take them individually. Mr. Plummer: I vote yes. ------------------------------------------------------------------------------ 8. FIRST READING ORDINANCE: Amend zoning atlas at approx. 2822-2838 NW 22 Ave. from RG-2/4 to CR-1/7. ------------------------------------------------------------------------------ Mr. Plummer: I would assume the same applies to item 3. Mayor Suarez: P2-3. Mr. Olmedilio: Right. ' Mr. Plummer: I so move it under the same circumstances. 0 Mrs. Kennedy: Second. J Mayor Suarez: Moved under the same circumstance provisos. Moved and seconded. Read the ordinance. Call the roll. a THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC s RECORD, BY TITLE ONLY. Mr. Byrne: It said commercial residential. It was general commercial. Mr. Plummer: Excuse met Mr. Dawkins: We have to ask the maker of the motion. Mayor Suarez: OK, Do we have that actual correction there, or it was the read. _ properly? call the roll. 75 f<, ' t iir. friummer: it's general commercial. That's what it is on the agenda. Mr. Fernandez: It is an RG-2/4, which is a general residential. That's what It presently is and it is being proposed to be changed to a CR-1/7, commercial residential. Mr. Plummer: I'm sorry, excuse me, if you read here on the agenda, it's clearly stated, "the subject property land use designation from medium density multifamily residential to general commercial." Mr. Fernandez: Yes, you are making references to the Comp Plan changes. Now we are taking about the changes being made in the zoning atlas. Mr. Plummer: Which are to CR-1/7, is that...? Mr. Fernandez: Right, exactly. Mr. Plummer: That is? OK. Mrs. Kennedy: That is commercial and residential. Mr. Byrne: That's general commercial. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCfi NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI; FLORIDA BY CHANGING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT APPROXIMATELY 2822-2838 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM RG-2/4 GENERAL RESIDENTIAL TO CR-1/7 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD); MAKING FINDINGS, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre _ Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney. read the ordinance into the public record and announced that copies were available to the members of the City Commission,aad to the public. 5 . r r ' N4 i t t Ufit +s rat t t R §[ ..-- -------------- ---------------------------------- ------ --- 9. A) Instruct City Attorney to take necessary steps regarding proposed official closure of street in front of Miami Sports Arena; stipulate that management of said street is responsibility of Sports Authority, and instruct Manager to obtain input from the Police Department before making his final recommendation. B) DENY REQUEST by Planning Dept. to amend Miami Comprehensive Neighborhood Plan - change land use designation at areas bounded by I-95 and NW 4 Ave. between NW 5 St. and NW 7 St. from Moderate High Density Residential to Commercial/Residential. (See Label 21) ------------------------------------------------------------------------------ Mayor Suarez: PZ-4. Planning Department. Mr. Elbert Waters: Mr. Mayor, members of the Commission, Elbert Waters, Planning Department. PZ-4, Miami Comprehensive Neighborhood Plan amendment, the area bounded by NW I-95 to NW 4th Avenue between NW 5th Street and NW 7th Street, per Motion 88-734, there was a resolution to amend a change in the land use designation of the subject property from a moderate high density residential to commercial residential. The Planning Department recommends denial of the change to commercial residential. We approve, or recommend approval of the change to high density residential. The Planning Advisory Board has recommended approval of the high density residential to commercial residential with a 6-2 vote. There were proponents present, three and opponents, there was one. In terms of mail replies, we've had only four and two. Mr. Dawkins: Anybody to be heard from the public, Mr. Mayor? Mr. Plummer: Excuse me, is Terry Percy here? Terry Percy was supposed to be representing the owner. Mr. Waters: He was here earlier. Mayor Suarez: Well, why is it listed as a Planning Department applicant owner? They are not really the owners, just applicant. Mr. Olmedillo: You instructed us to bring it back to you and then we went through the process, PAB and then now before you. Mr. Dawkins: I see, well I move... Mayor Suarez: Do you want to defer? Mr. Dawkins: I move to deny it and the reason I'm moving to deny it is the same thing J.L. said. Those individuals who purchased that property knew when they purchased it what they were purchasing it for and this is the same thing where you purchase all the land in Overtown/Park West and speculated and I'm just tired of people speculating in that area, OK? So when they purchased this land, when they came through with I-95 ad what have you, they knew what they were buying. Now they want to come back and double their investment, and I vote to deny the changes. Mayor Suarez: So moved. Seconded. Mr. Rodriguez: Mr. Mayor... Mr. Plummer: Wait, wait, is there a second? Mr. Rodriguez:... there might be people from the p public here. , Mr. Plummer: Is there a second? Mr. De Yurre: I'll second that motion.. Mayor Suarez: I thought the Commissioner asked if anyone from the general ' public wanted to be heard on that, and I believe that no one stepped forward, but let me go ahead and put that in the record. Under discussion.. 77 January 26, 19$4 k'r a Mr. De Yurre: Under discussion. Mr. Plummer: To my blue brother. There has been one, or will be one major change that I think begs for consideration. Directly across the street, it looks like in spite of what you and I think, is going a thing called the Camillus House. Now, I have to have some compassion to say that if I was a developer, or a person, I would not want to live across the street from the Camillus House and yet we are going to be restricting this to residential. I just have to think in my way that it's not proper to expect anybody to build residential property across the street from the Camillus House. Mr. Dawkins: OK, all right... Mr. Plummer: And that's what I beg for consideration and I think is a very strong point. Mrs. Kennedy: I was going to say the same thing that with Camillus House on the south side of NW 50th, residential development is not going to be encouraged. On the other hand, a lot of property owners could be beneficially effected by having some retail facilities in this area. Mr. Dawkins: I hear both of my colleagues loud and clear, but if commercial can live with Camillus House, why is everybody out of business where the Camillus House is now? Explain that to me now. Mr. Plummer: Because the City went in and bought everything up and condemned it. Mr. Dawkins: No, they did not buy everything up now, J.L. Mr. Plummer: They bought as much as they can, and people panicked and left. Mr. Dawkins: OK, individuals who... Mr. Plummer: And then we ran out of money! Mr. Dawkins: No, then individuals who had businesses could not stomach the homeless in the area. People would not go down to shop in the area and people had to go out of business in the area because of the Camillus House. Mr. Plummer: Well, how will that change on 5th Street? Mr. Dawkins: Look, my two colleagues say that commercial is better than residential and I'm saying it is six on one hand and half a dozen in the other. If you really want my answer, keep the Camillus House out of the whole neighborhood, but see, I can't do that. OK, all right. Mr. Plummer: Ditto. Well, what we had talked about, and I am still waiting for Mr. Bailey to be as prompt as he is with other things. We had asked Mr. Bailey to come back to this Commission with a recommendation that a temporary storage for automobiles, landscaped by Off -Street Parking Authority be put on that block because we don't have adequate room and I am yet after six months still waiting for an answer, Mr. Bailey. Mr. Dawkins: Well, let me ask, before Bailey answers, are you saying that you are in favor of providing parking for the Camillus House, is that what you...? Mr. Plummer: No, sir, I said a temporary lot for the Police Department for the storage of confiscated vehicles, to be landscaped... Mr. Dawkins: And then thatmeans that we would move the cars from under I-95 at 3rd and 4th Street and put them over there? Mr. Plummer: No, sir. Mr. Dawkins: And that area for those people would be cleaned up. Mr. Plummer: No, sir. Mr. Dawkins: Well, what are we accomplishing then? • 78 0 V Mr. Plummer: We 'are running out of room. only say... Mr. Dawkins: OK, I'll tell you what then. 0 We don't have any room. I would Mr. Plummer: Wait a minute, please don't, so that nobody writes history later, let me make it clear. Only would I vote for such is if the Off -Street Parking Authority who does a damn fine job on landscaping, even on a temporary basis, would in fact, maintain the landscaping around that fenced in area. Mr. Dawkins: You know... who is here from Off -Street Parking? Come to the mike, Jack. Mr. Plummer: I want to remind my blue brother that the City of Dallas makes $2,000,000 a year in the confiscated automobile business. Of course they have their own wrecker. Mr. Dawkins: Well, you see, that's in Dallas. See, in my neighborhood, when they take them, they don't leave enough on them, you know, to sell. But, Jack, every time this Commission gets against the wall, it leans on Off -Street Parking. Would that be a correct assessment? Mr. Plummer: You better be damn careful! Mayor Suarez: It certainly goes for me! Mr. Dawkins: All right now, as a good partner, Off -Street Parking tries to bail us out, OK? Now, Commissioner Plummer says that we should fence in an area in an effort to do this or do that or do the other. We are going to get Off -Street Parking... are you finished? If not, I will wait until you are finished now, because I don't want to disturb you. You may have something to say that's more important than what I'm saying, no problem. We forced Off - Street Parking to pave some lots for the parking of the Heat and at that time, this Commission assured you and others, other than the Commission assured Off - Street Parking that there would be a return of X number of dollars. Is Off - Street Parking making money from these parking lots or losing money, sir? Mr. Jack Mulvena: Effective, our October financial statements, because they are the most current ones we have for this fiscal year, in the arena parking area, we are operating at a $17,000 deficit. However, I need to remind the Commission that that was before the vigorous start-up of the arena. Mr. Dawkins: Beg pardon? Mr. Mulvena: It was before the NBA started their season, so we are looking for our November and December financial statements to show an improvement for an objective at least for this fiscal year that we break even. Mr. Dawkins: OK, may I ask you a question now, business -wise. You lost $17,000 with no business, OK? Now, business increases, it would appear to me that your overhead would increase, because you've got to hire more people and etc. So, I mean, I don't know. So you are going to keep the same number of people to work a lot, or work lots that nobody is parking in that you need when the lots are full. Mr. Mulvena: No, actually what our practice was, Commissioner, that during the start-up, the arena, much like we did with, I would assume police protection and many other things, we operationalized our whole inventory, so each month as we proceed forward, we are finding out that we may not need our :'4 whole inventory. Mayor Suarez: Can you say that in English, please? Mr. Mulvena: OK, we ... Mayor Suarez: Operationalize? - which is not in the dictionary, a whole inventory, which is in the dictionary. What does it mean? Mr. Mulvena: Well basically what it means is, we use all our lots we man all our lots. It cost us a maximum amount of money to be there for all of the: arena events, although there weren't that many events. However, we have found even as we end this past calendar year, that we don't need all the lots, so;'. 79 January 26, 19895���' S. y� 4� _ __ 1 therefore, we are going to shut certAin lots. There will be no staff on those and we'll be using the lots, primarily the City lots that are being utilized. i Mr. Dawkins: OK, how do you recoup the money that you spent to pay the lots and mark them off, since you are going to close them, that they are not being used. Mr. Plummer: And a little boy sat in the corner and said, "I told you, I told YOU." Mr. Mulvena: This year we don't expect to recoup any money at all. We would be very happy to break even. Mr. Dawkins: So then, what you told me, sir, then is erroneous, because you got to add to that $17,000 what you don't plan to recoup from the operations. Is that a true statement? Mr. Mulvena: No, no not really, because... Mr. Dawkins: Why? Mr. Mulvena: Well, because you know, with each month, there are more events so therefore, we are using, you know, more of our surface lots. Mr. Plummer: Question, Mr. Mulvena. Mr. Mulvena: Yes. Mr. Plummer: How much are you charging to park there for a Heat game? Mr. Mulvena: Well, our preferred parking, which is the vast majority of the parking, is $4.00 and event. The VIP parking, which is right across the street is $6.00 an event. Mr. Plummer: Did you ever think that that might have something to do with the fact why the lots aren't full? Mr. Mulvena: That... we thought of that, but we do not think that the prices... Mayor Suarez: How do you do on the $6.00 lot? Does that get filled more or less than the $4.00 one? Mr. Mulvena: All of the City lots, which is a $4.00 preferred, now, with the exception of the one that is furthest north, which gets into a little bit more isolated area, is almost 100 percent utilized. Mayor Suarez: How about the $6.00 one? Mr. Mulvena: The $6.00 lot is in fact 100 percent utilized for us. Mayor Suarez: That's what I was trying to get at! Mr. Mulvena: So as you get further south and away from the arena... Mr. Dawkins: So are the parking meters where I park. - Mr. Mulvena: I'm sorry, Commissioner. Mr. Dawkins: Parking meters are full too. Mr. Mulvena: No, the parking meters are not enforced in the evening that way. t Mayor Suarez: They are not operationalized. 4 Mr. Mulvena: Yes, there are not as many in there. ; — Mr. Plummer: And if you want to go with the plutocrats... Mayor Suarez: I'm catching on to the lingo, I get itl - y 80 January 26, 1989 Y '' { ., y tY l� .'TJjtil Mr. Plummer: If you want to go with the plutocrats, go in a limousine, because they park any damn place they please and block everything. The Police Department, all over everywhere. Mayor Suarez: OK. Mr. Dawkins: Thank you. Mr. De Yurre: While we are on the subject of parking, and I'll address this to the Administration, I'd like to find out what is going on with the streets right in front of the arena, which is restricted parking, that it's packed to the hilt, just about every event that's there and my understanding was that that was just for City officials and maybe two or three other individuals, but somehow we get limousines, we get all kinds of vehicles there. Mr. Plummer: They just park anywhere they want. Lt. Longueira: Sir, first of all, I don't believe that street's ever been officially closed by the Commission for events at all. We are just doing that due to public safety and pedestrian traffic. That street, to my recollection has never been closed officially. Mr. De Yurre: Well, I think we need to... you know, I'd like to get some feed back from the Commission as to which direction we want to go on this, because my understanding was that that was a closed street for the events. Mr. Dawkins: I move that the City Attorney prepare whatever it takes to close the streets as we said we were going to do at the next meeting. Mayor Suarez: So moved, and that the Manager make appropriate recommendations with your input so we know what would make sense to do or not to do. I shouldn't just sort of be on a case by case basis. Mr. De Yurre: Second. Mayor Suarez: We should decide what makes the most sense, Lieutenant. Now that you've tried it out one way, it may make more sense some other way. Lt. Longueira: OK, the closure of that street, just for some direction, the managing of that street is going to fall to the arena corporation or to the City to manage... Mayor Suarez: They've been doing it, they've been doing it. Mr. Dawkins: The arena. Lt. Longueira: I know they've been doing it, and we had conflicts with them. Mr. Plummer: Well, let's put that on the record right now. If I catch the City Administration paying for one policeman on the outside or the inside of that arena, we're going to have hell, OK? Mayor Suarez: OK, now, but that cuts the other way, because he is saying that if we prevent them from operating whatever it is that's closed, then they are going to say well, you've put your own officers there, we won't have our security people out there, so you've got to watch out, because sometimes you want to exert control, but that means... Mr. Plummer: The point that I'm really making is that someone had a cockamamie idea that the policemen inside of that arena, which are necessary for the event was going to be paid for by the City instead of by the Sports Authority, and I want. to tell you:, if I find that to be the case... I'm also going to find out whether or not the policemen that are outside doing basically traffic and security are to also be paid for by the arena. Lt. Longueira: They are at this point I believe they are paid by the Sports and Exhibition Authority. - Mr. Plummer: Well, don't let anybody get any funny ideas that we are going to pay for it. The problem with that Sports Authority right now is they got too damn much money and they are spending it like water. Fa 81 January 26, 1909 ' f Mr. De Yurre: My concern is I think that actually they are leasing the street. Mr. Plummer: Who is? Mr. De Yurre: Well, I see cars are parked there that... Mayor Suarez: Private individuals, maybe. Mr. De Yurre: Oh yes. Mr. Plummer: Well, let me tell you. Mr. Mayor, I've been to the arena now twice, OK? Both times I was given a decal saying that this is where I was supposed to park, and yet no one has ever been able to tell me where I'm supposed to park, and both times they put me in a place that I was blocked by a cockamamie limousine from West Palm Beach. Lt. Longueira: Commissioner, you authorized us to close the streets around the Orange Bowl, and when we closed those streets, the City Manager who goes in and adds those streets and the event people have to pay for that. I mean, if we have to close the street for an event, they have to pay for that. Mayor Suarez: OK, let's get a full recommendation announced on that so we can act on that the next Commission meeting and let's call the roll on that motion, otherwise we are going to spend the whole day. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-90 A MOTION INSTRUCTING THE CITY ATTORNEY TO TAKE ALL NECESSARY STEPS IN CONNECTION WITH THE PROPOSED OFFICIAL CLOSURE OF THE STREET DIRECTLY IN FRONT OF THE MIAMI SPORTS ARENA (NW 1 AVENUE BETWEEN 6TH THROUGH 8TH STREETS); FURTHER STIPULATING THAT MANAGEMENT OF SAID STREET SHALL BE THE SOLE RESPONSIBILITY OF THE MIAMI SPORTS AND EXHIBITION _ AUTHORITY; AND FURTHER INSTRUCTING THE CITY MANAGER TO OBTAIN APPROPRIATE INPUT FROM THE MIAMI POLICE DEPARTMENT BEFORE MAKING ITS FINAL RECOMMENDATION. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy -- Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Herbert Bailey: Mr. Mayor. Mayor Suarez: On this item? Yes, Herb. Az Mr. Bailey: I'd just like to respond to Commissioner Plummer's request. We f= did get back to the Administration and the Commission, indicating that site 3# was available. I thought we had indicated that we had offered that -site .gip the Police Department some time ago and they found it undesirable and being that Joe is here, I thought maybe he would want to speak to it, because he did y; come up when we began to talk about the site for parking. That is the site i west of I-95, that we had some discussion about. = Ir �3 -41 Mr. Plummer: From 5th to 6th Street. Lt. Longueira: Right. Commissioner, at this time, we're just finalizing *� moving into 5th Street. What garage is that? City Administration GaagR,we` are just completing... e2 Jan►axX+�� r <� T 4 t Mr. Plummer: But you, every time I hear, you have no place to store confiscated automobiles. Why would you not want a freebie? Lt. Longueira: Well, we would like to move in a garage first and assess that, because if we create another lot, we have enough trouble keeping the two we have from getting broken into. Then I've got a third one to worry about. I'd rather move in the garage, let's assess it and then we'll come back to you if we need that fourth lot. Mr. Rodriguez: In addition to that, before that use can be placed over there, you have to have a change of zoning to allow it. Mr. Plummer: On a temporary use? Mr. Rodriguez: There is no such thing, I believe, as temporary use for parking. Mr. Plummer: There is nothing more permanent around City Hall than a temporary use. How in the hell did you do it on Biscayne Boulevard? You didn't change the zoning on Biscayne Boulevard. You gave them a temporary lot five years ago for 12 months and they are still operating it. You didn't change the zoning. Mr. Rodriguez: That might be a use that was allowed because it was GU. Mr. Plummer: Boy, I tell you, when things are convenient around here, they are done in a hurry and when they are not convenient, boy, can they find.... Mr. Rodriguez: No, listen, I want to make sure that if you all want us to follow that, we'll do it. It is just that in doing it, we have to have the right zoning. You can let us do it. Mr. Plummer: When we are being told that they can't confiscate a car that's used in an armed robbery, because they got no place to store it, there's not the need there? Lt. Longueira: Commissioner, I don't know who said that, and if there is somebody, give r:e his name and I'll take care of that. I don't believe that was the case. You give me his name and I'll take care of it personally. Mr. Plummer: Since you are up in the upper echelon of the Police Department, you don't listen to the radio anymore. Mayor Suarez: You know, I thought we were discussing the land use designation for an area where the applicant is not even present. Isn't that what we are on, or... Lt. Longueira: Yes. Mr. Bailey: This site though, Mr. Mayor, is in that area. I just want to make one observation. The land that Commissioner Plummer is talking about does have a deed restriction and the deed restriction specifies parking, so I guess that sort of makes a justification to change the zoning if you have to. It was given to the City by the County with that restriction. Mayor Suarez: I guess we've got the choice of deferring action on the item, or making a motion, one way or the other. Mr. Plummer: The motion is to deny. 1 Mayor Suarez: We have a motion to deny. Does anyone wish to address that further? The Commission? Call the roll. T fx S i 63 ni06y 26, F 4 _ t z The following motion was introduced by Commissioner Dawkins, who !moved its adoption: MOTION NO. 89-91 A MOTION TO DENY AGENDA ITEM PZ-4 (PROPOSED FIRST READING ORDINANCE IN CONNECTION WITH AMENDMENT TO COMPREHENSIVE NEIGHBORHOOD PLAN TO CHANGE USE DESIGNATION IN THE AREA BOUNDED BY I-95 AND NW 4TH AVENUE BETWEEN NW 5TH STREET AND NW 7TH STREET FROM MODERATE HIGH DENSITY TO COMMERCIAL/RESIDENTIAL). (Note: This motion was later reconsidered and the item was ultimately continued.) Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice !•layor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. De Yurre: Yes, let me say that right now we are looking at the piece of property that's owned by the City and that running along Sth Street which is across Moons and we're looking at a situation where we can build some housing, which is sorely needed in the area, and the land is adequate for that, it's great access to the expressway and all those things that go along with housing in the area and I just want to know and let the record show that we're working on that project right now. I vote yes. Mr. Plummer: If I thought for one minute that housing would be suitable across the stree! from the Camillus House, I would vote yes. I don't believe it is, and I'm gains; to vote no. Mrs. Kennedy: Fn:- the reasons previously stated, I vote no. COMMENTS MADE Ai'^"rR ROLL CALL: Mr. Dawkins: Why n we build the houses, J.L., we're not going to let you move over there. Mr. Plummer: If you build the houses across from Camillus House, I don't want to move in! Mayor Suarez: It's a whole different kind of facility that they intend to build there. Mr. Plummer: I wish I could believe that! Mayor Suarez: Snmr days I wish the same thing, I have to admit. ---------------------------------------------------------------------- 10. FIRST REAM(:-* ORDINANCE: Amend zoning atlas at approximately 1145-1199 NW 11 St. (;AKA Municipal Justice Building) from GU to CR-3/7. C---------------------------------------------------------------------------- Mayor Suarez: PZ-5.k. Mr. Joe McManus: This is a non -controversial item. It's... Mr. Plummer: Thcre is no such thing. {�t Mr. McManus: No, this is... t., 6t Mayor Suarez: Planning Department application. a`'' S ri E Mr. McManus: ... Municipal Justice Building, the comprehensive... Mayor Suare:t: i'll entertain a motion on the land use designation for the Municipal Justice Building. Mrs. Kennedy: Move. Mayor Suarez: Does anyone wish to be heard against this item. Let the record reflect no one stepped forward. We have a motion and a second. Mr. Plummer: For the record... Mayor Suarez: He had to say somethingt Mr. Plummer: ... has the Spring Gardens people been made aware? They're fully in accord and they know what is being done? Mr. McManus: Yes, air. Mr. Plummer: OK? Thank you. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT APPROXIMATELY 1145-1199 NORTHWEST 11TH STREET, MIAMI, FLORIDA (A/K/A MUNICIPAL JUSTICE BUILDING), FROM GU -GOVERNMENTAL USE TO CR-3/7 COMMERCIAL/RESIDENTIAL (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS. Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 11. FIRST READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan - change designation at approximately 452 N.E. 39th Street (Walter E. Flanders House) from Moderate Density Residential to Residential/Office. ------- Mayor Suarez: PZ-6 the same situation I gather, Planning Department requests the item. Ms. Sarah Eaton: Yes, PZ-6 and 7 are companion items to apply the.... Mayor Suarez: Recommends approval, Planning Advisory Board recommend$ approval nine to zero. Is there anyone that wishes to be heard against this .. item? 9Sa Mr. Plummer: Would you like to speak to this item as the owner? I think `tbpY per': SF'? question that we had previously making this in a residential area... L Mayor Suarez: Six and seven are companion items, yes. ii 1 Mr. Plummer: ... was the concern about the generation of traffic and you still recommend it? Mr. Guillermo Olmedillo: We recommend approval. We looked at it with the rest of the comprehensive plan and its part of the comprehensive plan. However, we brought it to you as an individual item because it was before you as an individual item. Mr. Plummer: And all of the people in the neighborhood have not objected. Ms. Hirai: Mr. Mayor, we have to swear in the lady. Mr. Olmedillo: Not to our knowledge. Mr. Plummer: I'll move item six. Mayor Suarez: OK, you haven't testified yet and if you don't testify, you won't have to be sworn in so I presume that she doesn't... Mr. Plummer: Silence gives consent. Mayor Suarez: ... yes, she does not disagree with what we're about to do without her saying anything. UNIDENTIFIED SPEAKER: Quit while I'm ahead. You got it. Mayor Suarez: Yes, you don't have to swear for that. That's like a maxim here so you don't need to swear to that. We have a motion and a second. Any discussion? Read the ordinance. Mr. Plummer: Call the roll. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 452 NORTHEAST 39TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO RESIDENTIAL/OFFICE; AND MAKING FINDINGS. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre ,Y The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission aad to the public. 4 l 44{ t s`mil 1 , fti�s �xr � fir r,4fs r� r� BPS N° U .. .I.i►---------r------- 77.—--------------.r-----r—rr------r--- ---- --ram. a-i.irirriiYi�.YfY 12. FIRST READING ORDINANCE: Amend zoning atlas at approximatcly 452 MI.E. 39th Street (Walter E. Flanders House) by applying Sec. 1612 HC-3. Mr. Dawkins: Move... Mr. Plummer: I move the companion item seven. Mayor Suarez: Companion item moved and seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING SECTION 1612, HC-3; RESIDENTIAL -OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE WALTER E. FLANDERS HOUSE LOCATED AT APPROXIMATELY 452 NORTHEAST 39TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 15 OF SAID ZONING ATLAS. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre The City Attorney read the ordinance into the public record and - announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 13. A. Continue for further information proposed First Reading Ordinance to - amend the Comprehensive Neighborhood Plan by changing land use designation at approximately 3729-49 N.W. 24th Avenue from moderate density residential to General Commercial. B. Continue for further information proposed First Reading Ordinance to - amend the Zoning Atlas at approximately 3729-49 N.W. 24th Avenue from RG-2/4 to CG-1/7. Mayor Suarez: PZ-8. Companion items. Mr. Guillermo Olmedillo: Eight and nine are companion items again. One is the amendment to the plan and the other one is the amendment to, the zoning w: atlas. Mr. Plummer: Is the owner present?; 4r Mr. Olmedillo: Orlando and Delphina de los Reyes, I believe so, yes, six. Mr. Plummer: Are you the applicant, air? � Mr. Orlando de los Reyes: Yes, sir. Mayor Suarez: OTC, we need to swear them in, THE CITY, CLERK ADMINISTERS THE OATH TO APP1+ICll1T QIiLANDO DE LOP, R$YR3;SR.�J, ,lariuery fib,` � Y Mr. Olmedillo: For the record, the Planning Department recommends denial of both items, PAB recommended approval on a five to three basis and Zoning Boatd recommended denial on a six to three vote. Mayor Suarez: Do we hear from the department first or from the applicants first? Mr. Plummer: Normally the department. Mr. Olmedillo: From the department, if I may. This area has come before you a couple of times. You may remember that there were a couple of zoning changes and land use changes that you allowed in the past. It's an area that we think it's residential in nature. It's in transition, this applicant would like to have a liberal commercial activity there. Mayor Suarez: Give me the color scheme again, the brown is the lots in question? Mr. Olmedillo: The brown is the property in question, the green are the people who are in favor, the blue is the property owned by the same property owner as the subject application and red would be opposed. a Mayor Suarez: There's none shown as opposed. Mr. Olmedillo: Not through the mailings, no, sir. Mayor Suarez: RG-2/4 is present, the present... Mr. Olmedillo: Multi -family residential. Multi -family residential. Mayor Suarez: And they want? Mr. Olmedillo: They want liberal commercial. Mayor Suarez: Is there any liberal commercial anywhere around there? Mr. Olmedillo: The CG-2 which is on 36th Street and it comes up a little bit... Mayor Suarez: Because you have this... Mr. Olmedillo: ... out to that point. Mayor Suarez: ... circular line there. I don't know what that means. Is _. that... Mr. Olmedillo: That is 375 feet around. Mayor Suarez: I got you. So some of that reaches to the CG-2/7 or not? Mr. Olmedillo: That is correct, sir. Mr. Plummer: Well, of the 375 does. Mayor Suarez: The three seventy-five is what I meant, right. Mr. Plummer: Yes. Mayor Suarez: And then on north of 38th Street, what do we have ;3 there? Mr. Olmedillo: That's the City limit. That's the City limit. # Mayor Suarez: But what exists up there? S Mr. Plummer: It's also the expressway. M1'3 Mr. Olmedillo: What you have to the west of 22nd Avenue what you havQ arq a some type of warehouses, light warehouses. , Mayor Suarez: Not exactly your classic residential community. Mr. Olmedillo: Not really. Now, what we're saying is... pit - 88 J4414 ry, r, i u tF,i Mayor Suarez: question? To the north - immediately to the north of the property ift Mr. Olmedillo: Is residential. Mr. Plummer: It's also the expressway. Mr. Olmedillo: And expressway, right immediately above it. Mayor Suarez: And then where is the warehouse you were talking about? A little bit... Mr. Olmedillo: The warehouses will be to the west of 22nd Avenue, 24th. Mayor Suarez: I see. No, the northwest of the property that we're talking about, kiddy -corners from it. Mr. Olmedillo: Where the big green area is to the northwest. Mayor Suarez: There is no big green area up there, there's a ig white area. What is that zoned? Mr. Plummer: It's all warehousing. Mr. Olmedillo: That is CG... Mayor Suarez: Right across the street from it? Mr. Olmedillo: Yes, that is CG-1/7 { Mayor Suarez: In the City? Mr. Olmedillo: In the City, within the City of Miami. .;t Mr. Plummer: Um hmmm. Mayor Suarez: OK, so that boundary of that district is right on the other side of this property, right to the west of this property. Mr. Olmedillo: That is correct, sir. Mayor Suarez: So it's kind of bounded on two sides by either commercial or expressway, whatever. Mr. Plummer: We hear from the applicants? Mr. Orlando de los Reyes Jr.: My name is Orlando de los Reyes... Mr. Plummer: Sir, you cannot testify. You have not been sworn in. Mayor Suarez: No, both did, both did at the same time. Mr. de los Reyes Sr.: Yes, my...14 Mr. Plummer: No, sir, he did not. _ a Mr. de los Reyes Sr.: Yes, that's my son. A ryS' Mayor Suarez: No, I thought I heard both... Mr. Plummer: That's fine, it can be your son but he did not get sworn':"in. Mayor Suarez: Aw, why are wedon'tka Y y going. to argue about it? Sir, why You;,-, administer the oath to him, they can both talk. I thought I heard - them say yes. ri g,g � THE CITY CLERK ADMINISTERS THE OATH TO MR. ORLANDO DE LOS REYES JR.? " Mr. Plummer: Thank you. k' Mr, de.los.,Reyes Jr.: Basically,.that's wh4t4it.is is in front,., '" S Mayor Suarez: Give us your name, air. Mr. de lot Reyes Jr.: My name is Orlando de lot Reyes, I live at 1060 W. 14th Street. Diagonally across is the a public warehouse. It's basically a warehouse, just a shed to put stuff in for renting. In front of us is a Southern Bell parking lot, from a Southern Bell building. Mr. Plummer: How long have you owned the property? Mr. de lot Reyes, Sr.: Two years. Mr. de lot Reyes, Jr.: Two years. Mr. Plummer: When you bought the property, you knew what the present zoning was and what it would allow. Mr. de los Reyes, Jr.: That's correct, but what my father wants to do is put on a fence company there. Mr. Plummer: Yes, I understand. That's why you would normally go to a commercial kind of zoning... Mr. de los Reyes, Jr.: Right. Mr. Plummer: ... to operate a business. Mr. de los Reyes, Jr.: Right. Mr. Olmedillo: Just for the record, there was a code violation and they were before the Code Enforcement Board. Mr. Plummer: Oh, they got caught. As Jerry Silverman used to say, we're not a Zoning Board, we're a pardoning board. I think you have some members of the... Mayor Suarez: Do you want state anything else? Are you an objector, ma'am? Ms. Vanita Timpson: My name is Vanita Timpson, I live at... Mr. Plummer: Have you been sworn in, ma'am? Ms. Timpson: No I haven't. I don't oppose, I just have something to say. I still need to be sworn in? Mayor Suarez: Then... = Mr. Plummer: To testify you have to be sworn in. Ms. Timpson: OK. ' Mayor Suarez: Then you'd better be sworn in. #{ Mr. Plummer: And this woman here who also wants to testify has to be sworn in.t Mayor Suarez: Why don't you administer the oath at the same time to all who will testify, please. THE CITY CLERK ADMINISTERS - NISTERS THE OATH TO ALL WHO 'WILL TESTIFY ON THIS ITEM. Ms. Timpson: My name is Vanita Timpson, I'm the owner of the property at 2395 N.W. 38th Street, the property directly at the north of the property in question. I don't oppose the zoning, the rezoning, but I would like to have" some sound document that, if this area is rezoned, that there would be some type of brick wall or fence put up so that when I sit in my livingroom and outlook this area, that I won't have to overlook a fencing company because my ts' area is commercial - I'm sorry, residential. 1 f'iyM1 ♦ r�fi tiR „'i yf� Mr. Plummer: You cannot condition zoning. Unless the applicant volunteers. Mr. de lot Reyes, Jr.: We're willing to do that. y� Ary, 90 JBn0xy 26, Ms. Camila Sclafani: My name is Camila Sclafani, I'm a property owner there also. t live at 19840 N.E. 10th Court, Miami Beach. I've been owning that property for many years and all I did was throw money after money after money after money - they'd break in, they finally three months ago, they burned it down as a crack house. There's no people living in that area. It's unfit to live for any human beings. I mean, nothing there but warehouses and empty lots and hangouts. Something should be done. I believe it should be turned to warehouse so they could build a ware house there and lock them up and no people living there at all. It's unfit for any human being to live there. It's terrible. Mr. Plummer: I know what I'm going to recommend if you want it. Mr. Mayor, that area cries out for attention, the entire area. I would not vote for an individual application and I'm not speaking about a small area, I'm talking about from 24th Avenue east over to - what is it - 28th, 22nd or 23rd? And I'm talking about from 36th Street to the expressway or to the City limits at 38th Street. Mr. Mayor, the residents in that area or the residential structures in that area are nothing that I would be proud of or this City would be proud of and I would ask, at this particular time, that this item be continued for further information. And we instruct the Planning Department to do an area study in that area because I would, for one, like to know how many actual people are still living in that area. I doubt that there are very many and I think that that area... really, when you come to reality from 27th Avenue west to the City limits is commercial. i Mayor Suarez: It sounds like you're trying to ascertain by that study whether it's a stable residential area or something that we ought to be looking to change somehow to make it... Mr. Plummer: The character of the neighborhood, Mr. Mayor, is nothing that anyone would be proud of for residential. Ms. Camila Sclafani: It's terrible. i Mayor Suarez: OK... j r Mr. Dawkins: While you're doing that also give me a feasibility study as to i warehouses needed because if warehousing is needed then those individuals who still have residential property should either be able to develop it as a s warehouse or sell it at a profit for warehousing rather than as a residential piece of property._ Mr. Plummer: Well, that's what I'm hoping that this study is going to show that the area is in dire need of change and as such, let them recommend to us, +- and I think that you're right, there are a great deal of warehouses in that area now, and I think that warehouses for residential area is probably the least offensive as far as traffic is concerned and things of that nature. So I would ask that a study be done and report back to this Commission on March the 23rd with the findings of their study. I'll so move, Mr. Mayor. f Mayor Suarez: Moved. Mrs. Kennedy: I second it. ff Mayor Suarez: Second. Mrs. Kennedy: I think it's a great idea because a few apartment homes there are in very poor condition, i Mr. Dawkins: You happy with that, you OK? You OK with that? , krr t Mayor Suarez: OK, this may not be exactly what you, the applicant, wanted but at least it gives you a shot at possibly getting it depending on what ..the A - recommendations are from the department. Otherwise, your application might very well lose today. OK? Mi. Plummer: I, for the record, are deferring both eight and nine for area study, ?, 91 Janu4xy x6,� r - <'. Mr. Rodriguez: Continued. Mr. Plummer: I'm sorry? Mr. Rodriguez: Continued to March... continued to... Mr. Plummer: Continued for further information, I said that before and you.. The following motion was introduced by Commissioner Plummer, who ironed Its adoption: MOTION NO. 89-92 A MOTION TO CONTINUE FOR FURTHER INFORMATION (a) AGENDA ITEM PZ-8 (PROPOSED FIRST READING ORDINANCE TO AMEND THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION AT APPROXIMATELY 3729-49 N.W. 24TH AVENUE FROM MODERATE DENSITY RESIDENTIAL TO GENERAL COMMERCIAL) AND (b) AGENDA ITEM PZ-9 (PROPOSED FIRST READING ORDINANCE TO AMEND THE ZONING ATLAS BY CHANGING THE ZONING CLASSIFICATION AT APPROXIMATELY 3729-49 N.W. 24TH AVENUE FROM RG-2/4 TO CG-1/7); CONTINUING BOTH ITEMS TO THE MEETING OF MARCH 23 1989; FURTHER DIRECTING THE CITY ADMINISTRATION TO DO A STUDY FOR POSSIBLE REZONING OF THE AREA BOUNDED BY N.W. 27TH AVENUE TO N.W. 32ND AVENUE, AND N.W. 36TH STREET NORTH TO THE CITY LIMITS, AND TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins - Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. _-1 ABSENT: None. t 14. FIRST READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan - change designation at approximately 110 S.W. 7th St. and 700-750 S.W. 1st Avenue from General Commercial to Commercial/Residential. (Applicant: Eduardo Alonso.) r, ------------------------------------------------------------------------------ Mayor Suarez: Items 10 and 11 are related also, PZ-10 and 11. s_ `.:; Mr. Dawkins: Move 10. Mr. Guillermo Olmedillo: Ten, eleven and... F , Mr. Plummer: Wait a minute, wait a minute, whoa, let's talk about 10 and , Let's talk about that. ,ll, 2 n• Mrs. Kennedy: It's a down zoning. �..s � sus Mayor Suarez: We do have a motion... E5 _ Mr. Olmedillo: This is for property located between lst and 2nd Avenues, S�.W, 7th Street. = Mr. Plummer: Yes, I know, I know, I know, What's there swY E presently? r 1 v 3 i - A d - 1 S V s Mr. Olmedillo: They demolished the facilities that they were there. To the north there's a motel and... iaa. Faummer: A what? Mr. Olmedillo: A motel. Mr. Plummer: How do you spell that? Mr. Olmedillo: M-O-T-E-L. Mayor Suarez: 2130 S.W. 7th Avenue. Mr. Olmedillo: The existing land use is liberal commercial and the zoning designation is CG-1. We... Mr. Plummer: And what do you say there is presently? Mr. Olmedillo: A motel. And the Planning Department has recommended, actually this is a down zoning of the property from a liberal commercial to a restricted commercial. Mr. De Yurre: You try to knock down the motel? Mayor Suarez: We have some problem with a motel? Mrs. Kennedy: Are we missing something? Mr. Plummer: Are you the attorney of record? Mr. Virgilio Perez: No, I'm not an attorney, sir. I'm representing them as a... Mr. Plummer: Have you been sworn in, sir? - Mr. Perez: Yes - not yet. `.i Mayor Suarez: Yes, let's get you sworn in, Mr. Perez. Mr. Plummer: Have you registered as a lobbyist? Mr. Perez: Yes, sir. Mr. Plummer: Is the owner here? Mr. Perez: Yes, sir. Mr. Plummer: Where is the owner? '1 Mr. Perez: Right here, sir. THE CITY CLERK ADMINISTERS THE OATH TO VIRGILIO PEREZ. Mr. Plummer: Now, we're speaking of... s Mr. Perez: My name is Virgilio Perez, 825 S.W. 87th Avenue. Mr. Plummer: OK, we're speaking of now the corner of 7th Street and lst Avenue. a Mr. Olmedillo: That is correct. a, i Mr. Perez: That's correct. Mr. Plummer: Where we saw all the adverse publicity about the van that wa$� parked out there with the family that couldn't find a place to live and 'the second application is for what - seven -fifty... what is the motel on the corner? That one. Does the owners own that one also?: Mr. Olmedillo: That is correct. Ys Mr. Rodriguez: Eden.AMik C Mr. Plummer: And is it going to be a continuation of that one? Mr. Olmedillo: Zoning Department... I don't have any idea, I guess the applicant is the one that's supposed to speak to that issue. Mr. Rodriguez: It's like paradise. Mr. Perez: Well, one of the main r.easons... Mr. De Yurre: Tell me, what's the history of that motel, J. L.? Mr. Perez: Yes, I'd like to know it. Mr. Plummer: What is the proposed if this is changed? To what... Mr. Perez: Well, we have worked very close with the Planning Department and we think that all the adjacent area... we're downgrading zoning and it conforms with the adjacent area and we're looking it's going to help out a lot of the Brickell Avenue because we'll have more affordable rentals on that area. Mr. Plummer: The question is, how long have your clients owned the property? Mr. Perez: How long have you owned ... (ASKS QUESTION IN SPANISH) 1976. Mr. Plummer: Seventy-six. Mr. Perez: Right. Mr. Plummer: And they bought the property and when they did, they know that the property was residential? Mr. Perez: That's correct. Mr'. Plummer: Why should they ex... Mr. Perez: No, it's not residential, it's commercial. Mr. Olmedillo: No, it's CG-2 which is liberal commercial. Mr. Perez: It's general commercial right now. Mr. Plummer: OK. Mrs. Kennedy: It's general commercial... Mr. Plummer: OK, I'm sorry, I stand corrected. Why should they expect any change? Mr. Perez: Well, it's a... Mr. Plummer: What are they going to do for the City? Mr. Perez: Well, it's not what they're going to do for the City. Mr. Plummer: Oh, yes, it is. a Mr. Perez: They're downgrading the... a Mr. Plummer: No, no, no, no. They are better than doubling the value of their investment, OK? By motion, they go from X level to double that. ^,4 rr# Mrs. Kennedy: No, but in this case, it's a downzoning.` Mr. Perez: It's a downzoning.µ' Mr. Plummer: It's not a downzoning. They can't use it other... Mrs. Kennedy: They're asking for commercial residential.' 5 rr Mr. Perez: Yes, it is.fi�}s , t a T-t r 94 s� Mr. Plummer: They can't use it otherwise. Downzoning, but in value it enhances. Mr. Perez: Well, specifically for the City, is not only for the City it's for the people who live in the City. I think if we downgrade the zoning and we can do something affordable for the people who live in the City, we're doing something properly for the City in itself. Mr. De Yurre: What are they proposing to do there? Mr. Perez: Well, they're proposing right now... we've been working with the Planning Department and it's probably they want to extend part of that property into the other one. Mr. De Yurre: Probably or do you knout? Mr. Perez: No, they're going to probably do that. That's what they are thinking of now. Mr. Dawkins: Going to do what? Mr. De Yurre: But right now they know what they want to do or they're just... we need to have some idea of what's going to happen there. Mr. Perez: Well, they want to do that if it's possible to do it. That's why they're coming up before the Commission to do it. Mr. De Yurre: What else would they do there if they wouldn't do that? Mr. Perez: There's nothing else they can do. Mr. Dawkins: What are they going to do? I still don't know what you say you're going to do? Mr. Perez: Extend the property that they have next to the lots that we're requesting a downzoning. Mr. Dawkins: You see, I still don't know. Are you going to enlarge the motel f or you not? Mr. Perez: Yes, we're going to enlarge the motel. Mr. Dawkins: Well, let's say we're going to add more rooms to the motel which would make us make more money. Mr. Perez: OK, that's correct. Mr. Dawkins: That's all. That's what J.L. is asking and that's what I kept listening for. Mayor Suarez: OK, does anyone... Mr. Dawkins: What does the City get in return for allowing you to almost triple your income other than your great contribution to the tax base? Mr. Perez: Well, we have talked with the Planning Department and the Planning Department we have - we're willing to comply with all the what the Planning Department requests. I don't know. sz Mr. Perez: See J. L. laughing there. rt j£ Mayor Suarez: Let the record reflect that we cannot, in any language, request anything specific in connection with any change of zoning regardless of what language it may be in. Now... Mr. Rodriguez: I think he's referring to requirements of the ordinance. Mr. Plummer: What is the minimum rate of that hotel per day? ' , (ASKS IN SPANISH) Mr. Perez; I don't know, let me ask the owner. y S Y `e^ 2? rjs�3r`Y`'1 Mr. Plummer: He can't testify, you can answer but... Mr. Perez: I'm going to ask him. They charge $30 a day. Mr. Plummer: That's for 24 hours? Mr. Perez: Per day. I don't know, J. L., never been to that motel. Mr. Plummer: Mr. Mayor, Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Plummer: I'm going to move item 10. I think it's an improvement, I have some serious reservations which I'm going to try to satisfy in my mind before second reading. Mayor Suarez: OK. Mr. Plummer: As I have traveled by there as I do quite frequently — as- I travel by... Mayor Suarez: Right by. Mr. Plummer: It has never been appearance wise to me that it is something that this City is desirable of so for the next 30 days, I am going to keep a distant observation to see how things are proceeding around that area. Mr. Rodriguez: Mr. Commissioner, I want to remind you that if you approve this, it will be coming back to you on February 9th as part of the second reading of the comprehensive plan. Mr. Plummer: Why the 9th, why not the twenty...? Mr. Rodriguez: Because its a comp plan amendment. Mr. Olmedillo: It'll be an amendment and it's best to bring them all to you on the 9th so that when you adopt... Mayor Suarez: All he's saying is why doesn't it come back in the planning and zoning agenda day instead of the regular agenda day? Mr. Rodriguez: Because we have to have by the llth of February transmitted to DCA... Mayor Suarez: Oh, because we have a deadline that we have to meet. That answers the question. So you don't have 30 days to observe from a distance.. Mr. Plummer: That's all right, the 9th is all right. Mr. Rodriguez: Have to look it closer and... <i Mr. Plummer: That's all right, that's OK. Mayor Suarez: You have about 15 days to observe from a distance. Mr. Plummer: As I pass by. }y Mayor Suarez: OK, is that a motion? Mrs. Kennedy: OK, I'm glad you clarified that. k i � Mayor Suarez: Including the observation tower? ' at 1 Mr. Plummer: Yes, air. Mayor Suarez: OK, do we have a second? x ,ems - to tip" F Mr. Plummer: Video. Mr. De Yurre: Second.r��,_x �t3Y(2r Mayor Suarez: Seconded. Read the ordinance. Gall the rol] f�T4£1K f Y - 4 i AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1965), AS AMENDED, FOR PROPERTY LOCATED AT APPROXIMATELY 110 SOUTHWEST 7TH STREET AND 700-750 SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM GENERAL COMMERCIAL TO COMMERCIAL RESIDENTIAL; AND MAKING FINDINGS. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre and was passed on its first reading by title by the following votes AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez - NOES- None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Mrs. Kennedy: I'm going to vote for this on first reading. I can't see voting for it on second reading but as my colleague indicated, I'm going to pass by too. Mayor Suarez: She's going to the observation tower. Mrs. Kennedy: And we won't go together. Mr. Plummer: Please, don't go by yourself. Mrs. Kennedy: But we won't go together! 15. FIRST READING ORDINANCE: Amend zoning atlas at approximately 110 S.W. 7th St. and 700-750 S.W. 1st Avenue from CG-2/7 to CR-3/7. (Applicant: Eduardo Alonso.) Mayor Suarez: PZ-11 is a companion item. I'll entertain a motion on it. Mr. Dawkins: Move. 3 Mayor Suarez: Moved. Seconded, somebody? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE r a NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 110 S.W. 7TH STREET AND 700-750 S.W. 1 AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM CG-2/7 GENERAL COMMERCIAL TO CR-3/7 COMMERCIAL RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY r REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, fi rtrf THEREOF; CONTAINING A REPEALER PROVISION AND A1� SEVERABILITY CLAUSE. - 97 Was introduced by Commissioner Dawkins and seconded by Commissioner De Yurre and was pasted on its first reading by title by the following vote: AY$S: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 16. WATSON ISLAND MASTER PLAN 1989: agree to maintain presently existing uses. Mayor Suarez: PZ - why don't we take - do we have anybody here on PZ-12 from the general public? Let's take up PZ-13 and we'll go right back to PZ-12 which is a City item. Mr. Plummer: We're going to 13? Mayor Suarez: Yes... Mr. Plummer: Oh, Watson Island. Mayor Suarez: Yes, both are planning department items but there's no one on PZ-12 and I gather we have quite a few people on PZ-13. What's the recommendation? Is it that proposal, Mr. Luft, that you presumably have made to every Commissioner? Mr. Sergio Rodriguez: The recommendation is that you approve in principle the Watson Island master plan of 1989 that have been presented to each one of you. _ And that you will direct the administration to proceed with to publish the plan and initiate actions on amend the comprehensive plan. Mr. Plummer: Well, here again... are you ready for comments, Mr. Mayor? Mayor Suarez: Yes, yes, whichever. First the Commission and then general public, either way. Mr. Plummer: Mr. Mayor, I find a few things in here. First of all, I find it hard to believe, Jack, that we could ever designate that red over there called, in present use, public beach. I mean, to me, it's a trash pile. To call it a public beach, I think, is a misnomer. Mayor Suarez: Can it actually be even made into a public beach? Or are you saying that it certainly isn't now that? Mr. Plummer: It's surely not now. Mayor Suarez: Or either? , f : F ,} Mr. Jack Luft: It's being heavily used as a swimming area today. �a Mr. Plummer: But it's a trash area, is what it is. v Mr. Luft: There is no maintenance on it, agreed. Fp Mr. Plummer: Yes. r Mr. Luft: It's a natural littoral sand deposit, it's a swimming Brea,, opl regularly use it for picnicking and swimming. It's a very, popular,axo�. that's why it's so trashy. 90 0 • Mr. Plummer: Yes, that's true, that's true. There's not maintenance. And the problem that the City has is that we don't have the adequate personnel to allow it to be a public beac;, and i would wish you didn't... Mr. Luft: If an operator of a restaurant here were to assume control and maintenance of that, that... it could works much like Penrod's does on Miami Beach. Mr. Plummer: Well, that's maybe, but... all right, Mr. Mayor, I have the following objections. The area of the mega yachts I am very much in favor but I have to, on the record, indicate that I don't feel that it's flexible enough because of the depth of the water. I know that in many cases we have had plans there and if that had to be dredged, I think that we're really out of the question of trying to get it accomplished. The area that I have the most area of concern is in a hotel. A hotel that is to said not to exceed 60 feet. I don't think that that is what is for the purposes of this island. It is a public park. We have a hotel within one minute's driving time from this area. We have many hotels within two minutes driving time of this area and I would be opposed to any major structure being placed in this Watson Island. The second area that I have concern is in what I feel is much too liberal as far as - Jack, tell me the page - relating to the accessory uses for the mega yacht. Where did... Mr. Luft: This would be on page 13. Mr. Plummer: Thirteen. Mr. Luft: Middle of the page on the left hand side. Mr. Plummer: Yes. I have problems, I feel that it is much too broad to go into jewelry shops and - excuse me, for the record - I have no compunction in competition with Bayside. I think Bayside competition is good. But I think... Mr. Luft: This has not jewelry shops. Mr. Plummer: Well, it... Mr. Luft: It specifically says this is not what we want. Mr. Plummer: But you speak of entertainment centers, you speak of retails stores. I just don't feel that that is compatible with the area, OK? And that's my opinion. Mr. Luft: OK, all right - maybe I should clarify. Mr. Plummer: Now, if it is for the purposes to be supplemental as a ships store to the mega yachts and as what we normally refer to as an accessory use for fuel, for ice, for things that would be supplying to the mega yachts, I think that that is accept... I know it's acceptable to me. Mr. Luft: That's what it's intended for. Mr. Plummer: Well, no... Mr. Luft: I would add restaurants to that. Mr. Plummer: No... Mr. Luft: Food services. But the retailing is to be for the marina, marine related. Mr. Plummer: Well, it doesn't say that, does it? It says it's open to the A public. Mr. Luft: Yes. Mr. Plummer: OK, I would be opposed to that being open to the public,, it then z becomes what is... Mc. Luft: It would be along..,R: 99 Janaz�yPP4�k� Mr. Plummer: ... in my estimation, full retail and I'm... Mr. Luft: It would be along the public bay walk. Mr. Plummer: Please, Jack, I'm only speaking for one - me. Mr. Luft: OK, it's along the bay walk so... Mr. Plummer: OK - well, here again, I question the other area along the green, around the area here. No, that's it - there. Along the water's edge. I think that you're building in tremendous cost when you put in walkways and you put in - I forget the terminology that you use - people today are very happy and very content with an asphalt road that is there, they park there, they enjoy the water, they watch the cruise boats and I think that any time you put forth a master plan that you build in so much that the price tag becomes prohibitive, everybody forgets about it. So I would say that that might be an item that could be considered at a later time but to do now, I really don't think is necessary. The other area that I have to ask because I couldn't find, you know that I voiced total opposition to boat racks. Has that been removed or is it still in? Mr. Luft: It's still in there. Mr. Plummer: OK, I am very much in favor of the marina, I think it adds to the ambiance of the island, I think it is something that is well worthwhile. But when you put in boat racks, to me, it is strictly for a commercial purpose. So I would be totally opposed to boat racks if they exceeded one boat high. Now, needless to say, that putting in a marina would not be a repair marina... Mr. Luft: That's right. Mr. Plummer: ... it would be strictly for dockage. Mr. Luft: That's right. _ Mr. Plummer: Well, I'm just making the record clear. Mr. Luft: The plan says that. Mr. Plummer: Now, the only other question that I have that on one of the maps that I saw here, you show a reservation - Jack you give us too much paper...., - Mr. Luft: Gee, I thought I kept it down pretty small here. Mr. Plummer: Hold on. What page is the map that shows... Mr. Luft: The master plan? Mr. Plummer: Here it is. Mr. Luft: After page nine? Mr. Plummer: No, I'm looking here about the tunnel. Mr. Luft: Oh, in the back of the report. Right. It's after page 17. fy Y Mr. Plummer: Yes. It is my understanding that the light rail is now out. It - has not been... 1 Mr. Lufts No. rye Mr. Plummer: ... approved. It's still in? 4 Mr. Luft: It's not been approved. It has not been dropped as a potentiai project, Miami Beach. They have chosen not to pursue it at this time; Mr. Plummer: OK. Mr. Luft-. But we were told by the officials on Miami Beach that if we did i XrfiFz have a recommendation as to how that could be fit in, they would be intereatsd in knowing. 100 Januery 20r 494 y �> - k = 71 m Mr. Plummer: OK. My understanding was that no time would that tunnel cbt b out on Watson Island. Now, 1 don't know why we are proposing... Mr. Luft: No, we're not proposing it, let me tell you what I believe the situation is. Mr. Plummer: Well, excuse me, I'm reading here... Mr. Luft: OK. Mr. Plummer: ... in big bold print, future ramp to port tunnel. Mr. Luft: Right. The State Department of Transportation, with a $10 million dollar grant from the federal government, is now undertaking a feasibility design/engineering study for a tunnel to link the port to I395. Mr. Plummer: That's exactly correct. - Mr. Luft: They will be examining several potential routes including coming across the intercoastal and up the shoreline along Bicentennial Park as well as across government cut to Watson Island. That study will probably be a three year study at least and until it's completed, we won't know what the recommendations are. I think it's fair to say that state highway engineers believe that from what we know today, the possibility of coming across government cut and up on Watson Island appears to them more likely than the much longer, much more expensive and much more difficult tunnel that would be required along the intercoastal waterway connecting it to Herald Plaza area. Only because it appears to them to be simpler and for all we know now, possibly more feasible, we were forewarned that if the study was to recommend a Watson Island location, what would this plan deem acceptable in the minimum for dealing with that? If the plan is silent on it, that really leaves the engineers and the port and the state DOT wide open to consider literally any possibility. What we're most concerned about is a interchange, a four-way bi- directional east west interchange to such a tunnel, that would take up several acres of land and impose a significant impact on the island. A down ramp from westbound and an upramp eastbound would be accommodated within a 50 foot ' addition on the right-of-way. But, a full interchange would have a major impact on the island so this plan is not recommending a tunnel. It is not _- recommending ramps on Watson Island. It is merely saying that if the study j were to find that to be the most feasible solution, we would not want to see more than that on the island. That could be deleted from the plan. I felt it was a responsible reaction that we had to take in order to address what appeared to be coming from what we know. - Mr. Plummer: Jack, let me just say for you on the record, if that ever occurs that they put that entrance to that tunnel on Watson Island, they have totally destroyed Watson Island and I, for one, on the record today, so you tell them in the future, would never, ever vote to sell them the right-of-way on Watson Island. Mr. Luft: OK. s o; ;7 Mr. Plummer: Tell them that on the record right now. f Mr. Luft: OK. a (Applause) r Mr. Plummer: Mr. Mayor, other than that... r Mayor Suarez: You can't clap because you haven't been sworn in yet. wz FF Mr. Plummer: Yes. Mr. Mayor, other than that, even though 1 am .in,•totak - opposition to a high rise hotel, I then, if it passed would have to question. the 200-room hotel without a minimum of 200 parking spaces. - It is not .shown on this map. I'm opposed to the hotel. The parking spaces are not even shown, for the 200, there's 80 cars and 50 cars which.... i -;! Mr. Luft: Parking, on that map after page 17, you'll see parking is below the, hotel and is part of the structure as per code. i ' M1 JM1Yjy: Mr. Plummer: Well, OK, I am very much opposed to it. I think there's more than adequate hotels in the immediate area. Mr. Mayor, that's all I have at this time. Thank you. Mr. Dawkins: Mr. Mayor, I would like to say... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I spoke with the gentleman too and I was concerned about the draw because I knew we couldn't dredge without destroying mangrove or something else and they assured me that the maximum draw would be 15 feet - according to them now, I don't know - and the average draw is 10 feet and they go from six feet draw to 15, J. L. Mr. Plummer: You're talking about the mega boats? Mr. Dawkins: Yes, mega boats. Mr. Plummer: The problem in that area, Miller, is not the depth of the water but the wash that is created by the turning basin of the large cruise ships. There have been many occasions of boats that only drew 8 feet, in particular the sailboat that was over there for so long, the Plymouth Rock - or, what was that boat over there, the...? Mr. Luft: I don't know the name of it. Mr. Plummer: It was there and that boat only drew 8 feet and yet they had to get cranes to move it because the wash from the cruise ships that came in there and made it hard aground. That's always a problem. If your boats were in and out at all times, there would be no problem. Mr. Dawkins: OK, and my second drawback is, I don't see the need, personally, for anything, any kind of a shop that's not marine oriented. I don't see any need for the restaurants or any of these other things that they've got listed here - retail, dress shops, shoe, jewelry... Mr. Luft: Commissioner, we put those names in there to clarify that's not what we want. If you read it, it says, as atypical of what we do not want are dress shops, jewelry, clothes store, etcetera, etcetera. Mr. Dawkins: OK, the only thing... Mr. Luft: So, that's not recommended. Mr. Dawkins: The only thing I would be for is gasoline for the boats and gear for fishing and I really don't know what you need with an observation tower because, in my opinion, I'm trying to provide a view of the bay and the ocean and to put an observation tower, they're telling me that I can go up in it to see the ocean, doesn't make sense. Mr. Plummer: Yes, it does, you got to see over the top of the hotel. Mr. Luft: Yes. eMayor Suarez: Yes, what he's saying, obviously, if there were no hotel, you would need a lot less of an observation tower, that's for sure. Or no observation tower at all. I mean, you can observe from the.... Mr. Luft: I'm not sure everybody can go in the hotel just as not everyone can go in the high rise buildings on Biscayne Boulevard. i Mayor Suarez: No, I'm saying if there were no hotel. Mr. Dawkins: And not everyone has money to pay to go up in the observation tower. It's just another rip off of a... I mean, in my opinion. Now you're asking the citizens to go over where they can go now and see and pay to see what they can see free. Mr. Plummer: Let me... w A' l Mr. Luft: No, I think that the attempt is to give them a view up and down the f intercoastal waterway and islands. 102 .iaau8r 26, i 9 :�!t VI Y s Mr. Dawkins: Hmmmm? s Mr. Luft: The attempt is to allow people who don't normally get to go in the large buildings along downtown to go up and enjoy the view up and down the intercoastal to the islands and see the whole bay. It's not the ocean, it's the bay that's the view. And not everyone has that chance and it's a very striking and, I think, magnificent view and a small observation tower, a lighthouse type structure, would be a marker for the island and an interesting attraction. Mr. Dawkins: Well an RFP with that in it loses my vote. Mr. Luft: With a small observation tower? Mr. Dawkins: Small, medium or large. Mr. Plummer: There's one thing totally lacking as we go through one more plan, plans in the basement of this facility would be tremendous for recycling of paper. I don't see any cost factor applied to the cost of this plan. And before you say what the cost factor is, if you're prepared to do such, I would also want to know where the money is coming from. We can always tax the people on Star and Hibiscus Island - well, you're going to benefit by it, I mean, so... UNIDENTIFIED SPEAKER: Don't forget Palm. Mayor Suarez: Please, you haven't been sworn in yet. Mr. Plummer: How much? Mr. Luft: Commissioner it's up to this Commission to decide, for instance, whether we want to build the marina ourselves, which would then be a public cost, or whether we would want to put that out on RFP and have private cost build it. Mr. Plummer: Assuming we do it all, what is the total cost of that which you propose here in a master plan? Whether we do it, the private sector, or who? Mr. Luft: I can't answer that. Mrs. Kennedy: He doesn't have the numbers. Mr. Luft: I don' know what a hotel would cost and I don't know what it would cost to build a sea plane terminal or.... Mr. Plummer: Mr. Mayor, in my estimation this master plan, without financial feasibilities studies or cost factors involved is premature. Jack when you and I spoke at my office I told you that that same thing and you told me then that you had hoped that you would be able to have some answers prior to the presentation. Mr. Luft: For the cost of the parks, the public park spaces, but... Mr. Plummer: I'm talking about the study. 0 t Mr. Luft: If you're telling me that you want me to give you the cost of what ,° it would cost the City to build a hotel, I can do that. jiMr. Plummer: No, sir, no, sir, please, Jack,.. ;j Mr. Luft: I didn't assume that... Mr. Plummer: .., I made myself very clear to you, I thought. If the City did �« the •entire plan, what is the cost factor involved for the entire.'.... "goulre .; asking us to adopt, in principle, the entire plan, OK? What is the cost' factor of the entire plan, regardless of who does it or how its paid for, what Y is the cost factor?:r Mr. Luft I don't know. 103. t Mr. Plummer: Then I say, Mr. Mayor, this matter be deferred until such time. I think it's premature. Mayor Suarez: A general estimate, Jack, might be useful and you might have an opportunity to have a Commissioner consider the situation of having an observation tower in terms of being able to provide for people that can't get into those large buildings that you were mentioning to a place where they can see, like the one - you're thinking of the one like at the end of Miami Beach there at government cut? Mr. Luft: I'm thinking of one like that or something like the lighthouse on Cape Florida. Mayor Suarez: OK, now, would you swear please the members of the public and keep it in mind that the way things are going here, it looks like we're going to continue this item pending a little bit more information for the Commissioners. Mr. Luft: Can I ask for one point of clarification so that I have the right information for the Commissioner? All physical development on the island, whether its park or commercial or marina or structures, you want a cost on that? Mr. Plummer: I would like to see a cost factor on all things that are done to that park by this master plan that are not there presently. Mr. Luft: OK. Mayor Suarez: Yes, some idea of what it would cost both public and private components if, indeed, we were to decide say to eliminate some of the private components and do all the public components, that would give us a figure, you know, that would be a helpful figure. Mr. Luft: Sure, OK. Mr. Plummer: See, Jack, look, I've been here 19 years and one failing that I have to take criticism for is.... Mr. Dawkins: Is being as ugly as you are. Mr. Plummer: ... how many plans this Commission has commenced to be done, brought back and cost factors were so out of character that nobody could afford them. Yet, the public say to us, well, you promised us a master plan but you never implemented it. } Mayor Suarez: Yes, you see, they don't understand it as being just a conceptual approval of something that... Z Mr. Plummer: OK, you're right, OK? E Mayor Suarez: ... they think it means that we're going to do something and it sits around and we get all kinds of proposals and calls and when are you going to do this and why are you going to do this and opponents and all we're doing.... Mr. Plummer: You promised it to us, you promised us. s Mayor Suarez: Right. Not, yes, not to mention that. Mr. Plummer: Mr. Mayor, the first plan I set on was the Ponce Plan for downtown Miami. Absolutely the most gorgeous concept that there ever was. Mr. Dawkins: The word is Miami. _ Mr. Plummer: But it had a price tag of $300 million dollars twenty years -ago It was impractical. y 4 Mayor Suarez: Commissioner Dawkins.ell Mr. Dawkins: I need to know one thing from Mr. Tuft. jV 404 �aB�1a bR A ¢ b ,gb Mr. Luft: Mould it be helpful if, in those costs, we indicate those items that might be paid for by private investment... Mayor Suarez: Sure, why not? Mr. Plummer: Sure. Mr. Luft: ... as an alternative to public. OK. Mr. Plummer: But I want a bottom line figure. Mr. Luft: OK. Mr. Dawkins: I'd like to know from Mr. Luft if an RFP - I mean, where will these, all of the vessels, the mega ones and the others, where will they be repaired? Mr. Luft: Primarily on the Miami River. Mr. Dawkins: Beg your pardon? Mr. Luft: Primarily on the Miami River, our existing boatyards. Mr. Dawkins: Be no RFP will state that'll be no even minor repairs made over there. Mr. Luft: Well, we couldn't prevent an owner from fixing his boat in the water if he wanted to do something on his own boat. Mr. Dawkins: Do what now? Mr. Luft: I mean, if an owner wanted to do... Mr. Dawkins: How large is a mega boat? How large is a mega boat? Mr. Luft: Mega boats are 200 to 300 feet. Mr. Dawkins: So, if four people decided to work on four 200 foot boats, you're talking about you got.... 7€, Mr. Luft: We would not allow land side or any kind of maintenance as part of - = the marinas, no. All maintenance of the boats would have to be in boatyards. I would presume the ones benefit most would be on the Miami River. Mayor Suarez: Swear the witness, please. Mrs. Kennedy: Jack, how many mega boats do we have, approximately? Mr. Luft: There are about 400 of the worldwide. And we would be talking about anywhere from 30 to 40 here. About the same number as they expect to attract, and I think already have, in New York. There were, I'm told, about 100 additional mega yachts added this last year worldwide so the fleet is increasing considerably. As it stand right now, there's no other facility outside of New York to compare with this as a potential harbor for these boats this side of the Atlantic. So, we would hope to get maybe one -tenth of that world's fleet. Mayor Suarez: Swear the witnesses, please. Anyone who is expecting to testify now, if Miss Richman is going to represent a lot, then we don't need to swear you in. Yes, raise your hand, Miss Arias. .,r THE CITY CLERK ADMINISTERS THE OATH TO THOSE PERSONS WHO MAY TESTIFY ON THIS °tr' ITEM. 1 r. Ms. Gwen Richman: I'm Gwen Richman, I'm here as a citizen of Dade County...fik Mayor Suarez: Give us an address too, please, business or home or whatever. Ms. Richman: ... 135 Palm Avenue, Palm Island. I'm also coming as president of the,Palm, Hibiscus, Star Island Association and as a member of the Coconut Grove Womens' Republican Club. I have a resolution and some letters from both organizations. By .the way, I'm very .glad to hear that a lot of you are . E ;z � y. s already in disagreement with the plan in minor areas. It's hard to say where the people I'm representing really want to start on this. I would like to say that regardless of what is accepted by this plan, as the plan reads and my understanding from Department of Transportation and I'm having a hard time communicating with them, the Venetian Causeway bridge or Venetian Causeway, the MacArthur Causeway and this bridge would all be under construction at the same time. That, to me, creates a massive traffic problem. The bridge is slated currently, I believe, to be started in 1994. Mr. Luft wants to move this up to 1991. He says it will only take 18 months. I don't think that anything should be started on this island unless it is strictly improving the passive park until you have all of this construction out of the way. There are tons of marina slips available on South Beach area, on Alton Road near the Venetian Island marina, you've got the Marriott marina that is not full. I don't know what the research is, I can't tell from this the number of boat slips readily available in the same area but I can't see where you would want to be approving this and passing this and causing this environmental, I consider, problem without really researching better the amount of empty slips around the community. When you look at the map, the same map you were referring to the page past 17 and in between 18, there are 1700 parking spots that are slated to go into this. You're taking what was given in a gentleman's will, as I understand it, to be given for the use of the public of this community, and you're making it nothing but a parking lot. I don't that that's fair to the people that use it. I used to live in Coconut Grove right along Bayshore at 22nd Avenue. The park there is outstanding. If I were someone coming in as a tourist from another City, I would like to go to that park. I can clearly say that the way the City of Miami has let Watson Island decay is a shame and it's because you're always analyzing new plans on how to develop it and these new plans just mean you neglect what's there. He's spoken out clearly that the beach is not as it should be. There are overflowing trash bins all the time. It's been very neglected. It is not anything - you know, you go to San Francisco, you go to their Japanese garden area, people love to tour in busloads of people to see that beach, that park area, all along that area. Mayor Suarez: How many parking lots would you propose if you had that kind of attraction on Watson Island? Do you have any idea? Ms. Richman: I don't think you need 1700 spots. Mayor Suarez: Sounds high to me. Jack, what about that? Mr. Luft: About five or six hundred of those are for overflow parking for major events such as the Bimini Boat Race, major events at the outboard club or large festivals in the open space. Our problem is really overflow parking and the way we have treated that in this plan as a soft surface or grassed area was stabilized underneath. Mayor Suarez: How many actual parking spaces would you say are on the island now? Does anybody have any... Mr. Plummer: Four thousand, I'll tell you. We use it as the slough off lot for the Grand Prix race and we can - on the grassed area - we can put in there up to, I think it's 4000 cars is... Mayor Suarez: And how many, do you know, if you know, are paved, do you have any idea? Mr. Plummer: None. Mayor Suarez: Including - well no, we have two facilities there that do have _ parking. Mr. Plummer: Oh, I'm sorry, there's some paving over around... Mayor Suarez: Quite a few facilities. Mr. Plummer: really... ... the boat ramp docks, but those are roads, they're not Mayor Suarez: The two clubs? Mr. Luft: They're the old causeway, yes. Mr. Plummert Yes, they're... Mayor Suaret: The two clubs, I gather she's counting the two clubs and they have parking too. Anyhow, that's something to be quite attended to. Mr. Plummer: Excuse me, you asked paved. The parking lots of the clubs are not paved. Mayor Suarez: I thought they were. Mr. Luft: The only paved areas that we've recommended are down by Chalk's where they get about 250 cars upwards on a weekend and then over by the public marina and below this. Mayor Suarez: And those are on paved areas. Those park on paved areas right now, right? Mr. Luft: They parking on... there's some asphalt out there from the old aprons of the helicopters and things. I wouldn't really call it a parking lot, it's pretty crude. Mr. Plummer: No. It sure doesn't meet code. Mr. Luft: We believe that we've tried to be sensitive to so called hard surfaced areas, the boat ramp for instance, I think would need to be paved. Most of the parking would be soft surface stabilized so that it would be grassed areas that could be parked on in a controlled way. You can see for yourself all the surface parking is shown in grey on this plan and I don't think it's really a great deal. Mr. Dawkins: Did I hear correctly when I heard the lady say that the two causeways will be being rebuilt at the same time that a bridge would be built here? Mr. Luft: It depends on the timing of the bridge. If we're successful in getting the bascule span here moved up, I... Mr. Dawkins: All right, now let me rephrase it then... i. i Mr. Luft: It could be. The state hasn't got a fixed schedule yet. Mr. Dawkins: Let me - no, no, no, it's OK. That's all right, no problem, no problem. Will the two causeways be worked on at the same time? j j Ms. Richman: Under the proposed plan. — Mayor Suarez: Are they proposing to do them all at the same time? Mr. Luft: The state? Mayor Suarez: Yes. 4. Mr. Dawkins: Yes. g'. k Mr. Luft: I don't know what their schedule for Venetian is. �j Mayor Suarez: We'd better checkandsee if we have some input into that. Mr. Luft: Yes. Mr. Dawkins: It would create quite a hardship. Go ahead. Ms. Richman: I think it's terrible with the convention center opening up and ' you want to fill up your hotels here to get there and you won't be able to get anyone there.; Mayor Suarez: Direct that to DOT, we'll help you with that. We feel the Same - way as you do that it would make no sense to all three of those at . the _ time, that would be chaos. .same" r - 107 Inuary '2b� Ms. Richman: Another error, I think, is crucial is under the proposed plan, as I read it, as you're coming 1-95 onto the bridge and you're going 55 plus miles an hour as people will be going, it's still zoned at the bottom of the hill 55 miles an hour. He wants to install a red light at the bottom. To me, the whole purpose of having this bridge expand and approved is the traffic problem. No one likes the bridge going up and down every 15 minutes on weekends. Who wants a red light every 5 minutes? The whole plan to me... Mr. Plummer: But also, who wants a speedway? Ms. Richman: I cannot get... Mr. Plummer: Those streets are not 55 mile an hour streets once they get off the bridge. Ms. Richman: At the bottom of the bridge, it turns... Mr. Plummer: They become 40, is that correct? Ms. Richman: It becomes 40. It is currently to that point... Mr. Plummer: That's right. But people don't slow down. Ms. Richman: Absolutely. Mr. Plummer: OK, now how else are you going to slow them down? Ms. Richman: I cannot get the Department of Transportation to put a red light in at the intersection of Palm Island and the causeway. They say that 700 plus cars minimum per day leaving the island do not warrant a red light for the traffic going from Miami to Miami Beach to stop. Mr. Plummer: As opposed to the road carrying probably 50,000 cars a day, that's the difference. Ms. Richman: I'm sorry, we're talking - no, I'm talking the causeway itself not... Mr. Plummer: I'm talking about the causeway itself, how many cars a day is it estimated that carry? Mr. Luft: Roughly thirty-two thou, thirty-eight thousand, something like that. Mr. Plummer: OK, I was off. So, but 38,000 thousand... Mr. Luft: About 50 thousand people. Mr. Plummer: Thirty-eight thousand would justify a traffic light, where 700 doesn't, that's the difference. Ms. Richman: No, I'm telling you that the 38,000... Mr. Luft: Forty-seven thousand, I'm sorry. Ms. Richman: Forty-seven thousand are going... Mrs. Kennedy: I thought it was forty-seven, yes. Mr. Plummer: I thought fifty was in the ball park, so call me a liar for three, I... — Ms. Richman: Under this plan, how many cars do you expect to be leaving the island on a daily basis - seven hundred, seventy hundred? Mr. Luft: Total trip ins on a daily basis would be about 7,400.f,: - Ms. Richman: Coming off Watson Island? Mr. Luft: No, that's to and from. Going to and from. Mr. Plummer: Seventy-four hundred. r E — 108 January 26, i9A ¢ ,max, y Ms. Richman: No, I'm talking about if your plan is utilized, how many vehicles per day do you think will be parked on Watson Island? Mr. Luft: Parked? Ms. Richman: How many parks - if this plan is accepted and everything flies. Mr. Luft: Yes. Mayor Suarez: See, he's giving you a figure of the number of cars that will use the island but not at any one time will be parked. He's giving... Mr. Luft: About 3500 if you counted everybody. Ms. Richman: Per day, you'll think 3500 cars will be on the island? Mr. Luft: Yes and if you count them once going in and once going out, that's about 7,000. Ms. Richman: I think definitely you don't want to be undertaking this until all construction and all causeways and the bridge are completed. I think that it's not fitting. Mayor Suarez: Well, vice versa, it might work too. I mean, he's saying that maybe we can get this bridge built earlier than the other ones. That's interesting too. Ms. Richman: The other's slated for 1991. How can you get earlier? Mayor Suarez: I thought he said it the other way around, whichever. Ms. Richman: This is the one he's trying... this is the one... Mayor Suarez: I mean, the idea that they shouldn't all be at the same time, you've said, makes a lot of sense and we're going to try to look into that. What about the traffic light now. Is that an essential ingredient of the transportation plan of the state for all of this? Mr. Luft: The state has no problem with the traffic light and for our purposes of providing flexible access to the island for boat trailers, for the general public, a traffic light helps a lot. It certainly improves the safety factor. If it turns out that for... Mayor Suarez: Because he's... Commissioner Plummer's saying making the additional arguments that it also helps to sort of slow down the traffic a little bit. Mr. Luft: Well, it would... ON Mr. Plummer: Mr. Mayor, you see the tip of the green up there on the water? Mayor Suarez: Yes. Mr. Plummer: Right there. If you put a traffic light on that causeway, the City of Miami Beach is going to go into bankruptcy because a policeman from Miami Beach sit there, let you speed by and wait till you get by the City line and then they grab you in Miami Beach. They make a fortune and you know what I'm talking about. What are you smiling for? You been caught, right? _ Ms. Richman: I've never been caught, I've never had a ticket that I've had to. pay for, thank you. .; ;.,.. Mayor Suarez: Anything further? Ms. Richman: Yes, I do have - I see on your agenda that you did not h4tve — response from citizens. I do have a few with me today I'd like to get copied and leave for you. The first I'll read is from Senator Gordon. X�` "I am opposed, not only to thb proposed commercial development on; Watson Island, but to the commercialization of any of our parks. '+ Watson Island, today, is a nice informal open space in which I —, 5 •�a 7 y i y - 109 January 20, 19y_ 9 l> "E ,t personally have observed hundreds or perhaps thousands of persons pandering around and enjoying the undeveloped area. There is a big yacht facility already in existence on Miami Beach at 20Lh and Purdy Avenue. This facility, which has been in existence for 50 years or so has slips to handle a hundred foot yachts and is presently being renovated. Plans include moorings for a hundred foot and over yachts, hotels, condominiums, etcetera, and when completed will be exactly the same kind of facility that is being proposed for Watson Island. I do not think we need another facility that will duplicate exactly the same accommodation that are already under construction at the Purdy Avenue site and strongly urge you to reject the proposal to commercialize Watson Island." I have a few more, they're a little different from all of them but I'd like to get them on record. "City of Miami. As vice president of Hibiscus Island, I represent our island is opposition for the development of Watson Island. This land is for public use. MacArthur Causeway is one of the most dangerous causeways in the Dade County area. The statistics reveal that this is a high accident area. If you combine the causeway accidents that comes out in the first three slots in Dade County. Increased traffic will only make this problem worse. Miami Beach marina is in foreclosure. There are over 300 hundred boat slips there. Please develop areas that are 'already in existence and not being utilized. I represent over a hundred homeowners on Hibiscus Island. We are in opposition to any development." Mayor Suarez: If anyone of those people represents an association or like a State Senator, we, you know, you can read very briefly the letter, otherwise, introduce them all into the record and we will accept them into the record. Ms. Richman: OK, I would like to read the resolution ballot that was passed within our island and then a resolution by the Coconut Grove Womens' Republican Club. Mayor Suarez: Or read the pertinent portions of it. This is getting cumulative now and we have a pretty good idea of what is reflected. Ms. Richman: OK, let me... Mayor Suarez: And I want to add, by the way, that I got this letter delivered to me by Dan Paul and to me and the Commissioners and in just one small part says, "I hope you will consider another plan, the Peoples Plan, for Watson Island. The public has already done all the planning you need to do." Basically he's saying, that preserve as much of Watson Island the way it is now and I'm introducing that into the record. I happen to think, as I've told Dan, that that's precisely what we're doing and that we might make enough modifications in this by the time we ever do anything to it, that will end up being pretty much what he proposes. The traffic things that are - components that are being proposed here, actually, would ease some of the things that the writers that you've been reading from - their letters that you've been reading into the record are saying, I think, but I'm not an expert on traffic. I have to go on what they say. And the hotel, we may or may not end up doing so I don't know that we have all that much disagreement. _s Ms. Richman: OK, I would just like to read from the Republican Club from Coconut Grove, since it is the people that elect you. Some of them. Mayor Suarez: ,lust read the pertinent part, please. F — Mr. Plummer: Excuse me, what did I hear in that last statement? m Mr. Dawkins: This fellow over here, that was him. — Ms. Richman: What I mean by that is if they're Miami residents, I think T ' you're looking at a different situation. If we're Miami Beach residents who" R` don't have the opportunity to vote for you... Mayor Suarez: Read the pertinent part, please. Ms. Richman: I thought he had a question. I was trying to anwer it 1489 110 January 24� i iwiiWdaa+--" • Mayor Suarez: Don't listen to him. Mr. Dawkins: No, he was questioning him. s Ms. Richman: "Be it resolved, the Coconut Grove Wometis' Republican Club opposes the plan for the development of Watson Island." Mr. Plummer: Republican Club. Who? Ms. Richman: "... as proposed and strongly recommends the City of Miami leave the island in an as is status other than to improve the natural park area." Mr. Plummer: You can forget about that one, ma'am. Mayor Suarez: I think he liked that letter. Mr. Plummer: Send that one to George up in Washington. Ms. Richman: In fact, Jab Bush was at this meeting. Mr. Plummer: That figures. Ms. Richman: He said, "Good luck." This was unanimously passed today. "In the event the Commissioners adopt the plan, no construction or development should occur without first the completion by the Department of Transportation of Venetian Causeway, MacArthur Causeway and the MacArthur Causeway bridge. Furthermore, no lights should exist at the bottom of the proposed bridge." Thank you. Mayor Suarez: Sir? Mr. Harry Shubin: I've been sworn in already. Mayor Suarez: Remember, that if it's the same kinds of general comments, it's just getting cumulative. Give us your name and... Mr. Shubin: No, I just want to make a comment. Mayor Suarez: Give us a name, sir. Mr. Shubin: My name is Harry Shubin. I live at 190 Palm Island. I also own property at 17th and Tigertail and I pay taxes to the City of .Miami. Practically everything that I was thinking of has, by way of objections, has already been covered and I want to comment, or rather I want to commend the Commission for being so incisive as far as the plan is concerned and taking into consideration all of those aspects which we oppose. Perhaps you may remember, Commissioners, Commissioners Dawkins and Plummer and you, Mayor, my late wife, Florence... Mayor Suarez: Florence. Mr. Shubin: ... Shubin worked on this thing for many, many years. She was president of the Save Watson Island, Inc. and she initiated the opposition to an amusement park which, fortunately, was never consummated. But gentlemen, I do hope you will eliminate every commercial aspect in the plan with the exception of those commercial projects which are grandfathered in and have been on the island for those year. Thank you very much. Mayor Suarez: Thank you. Sir, Mr. Antonio Arias: Mr. Mayor, as you know very well, I have been seven odd years trying to convince you all... ;h Mayor Suarez: Give us your name - give us your name, please.M� .43 Mr. Arias: My name's Antonio Arias. I'm president of Miami International htiv Tower. I was telling you that, as you all know, I've been working duxing"'the several years trying to put together the construction of a tower .in Waaon Island similar to like Eiffel Tower in Paris, the .Toronto Tower, Vienna .the Seattle Tower which will be a big tourist attraction. It will bripg e t2e million people a year to the tower. We'll pay to the City of.ti am' i one ' million dollar year lease - one million dollar while all this boat company and marine company pay two thousand dollar, three thousand dollar, we will pay one mill.os, .;_!Iar and we will build the marinas, them larger the marina without any charge to your company, I mean to the City Hall. But I have to have the cooperation of you all. The plan that you have presented here, it was shown to me, is absolutely insane. How in the world are they going to talk building a hotel in Watson Island? I was president of hotel in Havana for years, I was president of the national casino two or three years. I know about tourists because I was a pilot ten years and airplanes are the base of transpor... transportation the basis of tourist business. The hotel in the beach are in big trouble. I had the lease here, the hotel that are for sale and you be surprise, there are at least... Mayor Suarez: Well, we have a pretty good idea that you don't think a hotel there is feasible. What about what you're proposing? Mr. Arias: I beg your pardon? Mayor Suarez: We know about the hotel situation. What about what you're proposing? Do you want some kind of an observation tower or a huge tower? Mr. Arias: What I want is to have lease in the island. Mayor Suarez: How high is that tower that you're proposing? Mr. Arias: Seven hundred fifty feet. I had the permit for Federal Aviation Authority. I have a grant from the government of a million dollars. Here the letter from the federal government. Mayor Suarez: Why don't you introduce that into the record so we can now look at - a little while ago we had a discussion about a small observation tower. How high were you thinking, Jack? Mr. Plummer: Twenty-two feet. Mr. Luft: Fifty to a hundred feet. Enough to get the view over the bridges up north and south. Mayor Suarez: Fifty to a hundred feet and some Commissioners express reservations about a fifty to a hundred feet observation tower so I don't know how they would feel about a 750 foot one. Mr. Arias: Let me tell you this, Mayor Suarez, I brought the engineer who built the Toronto Tower, the highest in the world. He is here and here, Bruce Smathers was my lawyer. Mayor Suarez: Mr. Vice Mayor. Mr. Arias: May I continue? Mr. De Yurre: No, let me tell you. The concept of a tower of that nature I think it'd be - it's worth studying. I've spoken to Jack about it. If you talk about an opportunity of being able to go up high and being able to see the view of this beautiful bay and the whole area, I think it's so magnificent. Undoubtedly, it would attract countless people that will represent dollars to the community. The thing is, the feasibility and don't know the feeling of this Commission whether they want to study that further, the possibilities of something like that. The advantages of that is it doesn't take much space at the ground level. It's about 30 foot wide the tower and it leaves everything else as an open space. So there are advantages to that kind of thing. Mr. Plummer: And if the tower ever fell, we'd have a new bridge to the port. fi L 'fit Mr. De Yurre: That's right. Mr. Arias: Mayor Suarez, let me explain to you. This man Baldwin built the {,z. highest tower in the world. � of Mayor Suarez: We have no doubt that it could be built, we just don't know about the feasibility, we don't know about the traffic that it might attract to the island, that's theproblem. r}F 1 r January 4+�,- {Fi�v Ti iY a Mr. Arias: Let me tell you What he said about Watson Island. I have a report from him, I brought him here for that. It cost me $5,000 to bring him here. Look what he said in the report about Watson Island. "Watson Island site access, the site is superb in many respects. It is accessible for all, regional expressways at downtown Miami. Most importantly, it is visually obvious and easily accessible to the over million six hundred thousand visitor using the cruise ships." Now, there are more than that, this was three years ago. "It seem reasonable to presume a significant penetration of these markets, especially if the cooperation of the cruise line in promoting the tower were obtained. This site also had the advantage of being direct to both downtown Miami and Miami Beach being on its own island and a destination in itself. It is also ready accessible by water, but most importantly, it is direct and a city travel corridor. This site is also a superb, area, of view, fills 360 panorama at all ranges, the Venetian Causeway and all the Biscayne archipelago, to the north, Miami Beach on the ocean to the east, the cruise ship terminal. And turning with Key Biscayne in the distance to the south and downtown Miami to the west, all are exciting view." And it mentions the water, expressway and air traffics here and is most intensive level. The attention of the sea plane base and helicopter site would further enhance this, adjacent attraction. These are limited in the immmediate environment of the site, marina facility, Japanese Gardens, and no tourist attraction. That what Mr. Baldwin said very clear. Now, it's up to you to use your head and make a decision. Mayor Suarez: Thank you, sir, for your presentation. Mr. Arias: OK. Mr. Juan Crespi: My name is Juan Crespi, I'm an architect, office is at 227 N.E. 26th Terrace. I'm speaking today on behalf of the American Institute of Architects. The master plan was presented to our membership January 23rd, 1989, and it was given a unanimous endorsement. We feel its viable and its realistic. It's solution that would, hopefully, act as a catalyst in the nearby areas, specifically Edgewater. We'd also like to request from you that once you have completed and approved Watson Island, you do pay some attention to nearby areas across the bay, specifically the Edgewater area. Mr. Plummer: You going to write your check for it? Mayor Suarez: We'll take the check from the Institute of Architects anytime you want to. Thank you for your presentation. Ms. Cynthia Pierce: My name is Cynthia Pierce, I live at 170 So. Hibiscus Drive on Hibiscus Island. Ladies and gentlemen of the Miami City Commission, it's a pleasure to come before you. First, what you all didn't notice was in that master plan, there's a minimum of 14 restaurants. I don't understand why they need 14 restaurants. Mayor Suarez: Good question. Fourteen restaurants? Ms. Pierce: Yes, I counted them. Mayor Suarez: Wait, you've said 14. How many do you think we have there? Mr. Luft: Miss Richman and I counted them yesterday, we counted nine but that included three snack bars. ; Ms. Pierce: They're also the food... Mayor Suarez: OK, it sounds a little high on restaurants and snack bars, Jack, we don't... W w Mr. Luft: Well, we're talking about the potential of two along the -public baq walk and mega yacht marina here. The one open air, Sundays by the Bay," kind of over on this side and a tea house restaurant, Japanese, in the gardens. - Mayor Suarez: That's pretty... Mr. Luft: Those are the primary restaurants. yz?` t ; > Ms. Pierce: I also include the grocery stores and the food services'.", H January 2,, SeM .- Mr. Luft: Well, we're talking about a snack bar and the dockmaster's office for the marina. Mayor Suarez: Why don't we get for the... Mr. Luft: A snack bar in the air terminal and... Mayor Suarez: ... next presentation an itemization of the total number of facilities where you can eat food whatever you call them, snack bars, tea houses or restaurants. Ms. Pierce: And also in that master plan, this is supposed to be a park, it's designated for the park, but the only actual acreage figure for a park area where people can go was one little section seven and a half acres. That's not even a twelfth of Watson Island and this plan is supposed to be for the people, not for private enterprise for profit. Mayor Suarez: You know, let me say something as to philosophy, what we're trying to do here. A lot of people get the impression that and argue that this is an effort to turn, what they call a park into a parking lot. We get the impression, or maybe we're missing something here, that we're trying to turn what looks like now like a parking lot into a park. So, you know, philosophically, we are on the same wavelength and the question is, how do we accomplish that at the same time recognizing that we don't have the money to do a lot of the beautiful things we'd like to do on that island. Ms. Pierce: If you did, would... Mayor Suarez: You keep calling it a park, for example, and I've seen editorials in the paper about - and the Senator's letter - that this is a park and we want to preserve it for public use or something and not commercial. I mean, that's really an exaggeration to say that Watson Island's now a park. That's what we'd like it to be, we'd like it to be a park. Ms. Pierce: I think if they did about a twelfth what they have of the master _ plan it might be feasible. One more... Mayor Suarez: We may reduce quite a few of the components that you don't like by the time we approve this if, in fact, we do approve it. Ms. Pierce: One more thing, he mentioned the public beach, the northwest side, people use it heavily, I drive back and forth MacArthur Causeway two and _ three times a day. There is no heavily beach area, there are vagrants that put a tent up... Mayor Suarez: Yes, we'll... Ms. Pierce: ... for the deterioration of the island but there is no people swimming in the water, bathing suit beach area. Mr. Plummer: There's the answer, we'll put all the homeless on Watson Island. And if they come off, we'll arrest them. Ms. Pierce: Now, I have one... Mayor Suarez: It certainly doesn't look like one right now, I'll tell you that. Ms. Pierce: No, I have one more thing to say. What I wrote down so I {' wouldn't forget, I wouldn't get nervous so I'd like to say it. Someday when x the bridge, MacArthus Causeway to Star Island, had been completly ,- reconstructed including the light rail, there should be some development of Watson Island. But strictly in accordance with the terms of the deed granting the property to the City of Miami from the state. It is my firm belief that if the master development plan for Watson Island is completed, Watson Island ` will sink into the ocean and become a second Atlantis. Mayor Suarez: Very good, that's very figurative there. Yes, ma'am.' Ms. Helene Shenker: Just real quick, I'm Helene Shenker, 215 N. Coconut Lane,.X Palm Island. There were just two points I want to bring up that neither,onw `- 114 January_ 26, were brought up. One is the ecology. It is, in spite of you not saying it's a park, it really has a lot of grass and a lot of trees and when you have a heavily trafficked, and I've got a graduate degree in geography, so I've a little knowledge, but when you do have a heavily trafficked causeway, you need every bit of greenery you can get to keep the air clean and people healthy, for just plain health. Mayor Suarez: Well, I would hope that by the time this is finished, whatever grass and trees we presently have on the island would be multiplied at least two or threefold. Ms. Shenker: I doubt... Mayor Suarez: Otherwise, we're not doing the right thing. Ms. Shenker: But, wait a second.. Mayor Suarez: So I take your point and accept it, really. Ms. Shenker: I've got two things. One is the more cement you build, the less you take away. Mayor Suarez: Absolutely. Ms. Shenker: The other thing is, with the Venetian Causeway having been kept as it was, as a small causeway, and with the price 50 cents a car to go over in either direction, more and more people are using the MacArthur Causeway. And if you put, as you said, a light there, all it would do would create a tremendous amount more death if anything else because half the accidents that are caused on the causeway are when cars stopped to begin with. And I don't know how much of a... how many times anyone here goes over the causeway, but there is traffic on the causeway all the way up for maybe two or three miles sometimes when the bridge is up. I mean... Mayor Suarez: Well, I guess that's one thing that would be resolved by the new bridge. It would not be a bascule bridge or drawbridge. Ms. Betty Sutnik: My name is Betty Sutnik and I live at 140 N. Hibiscus Drive and the purpose of my standing is to - Mayor, you said there was some discrepancy into the - what we mean by use of a park, I'm a little nervous - in terms of park, I think we're talking Greynolds Park, we're talking green, open places, we're talking no parking, master parking. We're talking no _ restaurants, as someone said before, the marina on 5th Street, on Miami Beach is not doing so well. The marina that they're building on 20th and Purdy Avenue on the beach that Jack Gordon spoke about is p going to take most of this. There's a huge marina at... Mayor Suarez: Let me ask the staff about that. I hope, Jack, since - at this point it's the master plan, that before we would do anything by way of a public marina if we ever were headed in that direction, we would have a very specific report on demand for boats. We seem to do very well with the City marinas. I can't tell about the ones on the beach so, but I do hear reports of some other marinas not doing as well as some of the ones we're doing. We have heavy demand for ours. Maybe it depends on where you go and how deep it is or, I don't know, how accessible to the river, I don't know what the - OR, Commissioner, you had wanted a cost estimate... s —_ Mr. Plummer: Mr. Mayor, I have an additional question that I've got to put on the record because, contrary to some other thinking around here, I'm very concerned about the comprehensive plan. What happens, Mr. Rodriguez, in relation to the comprehensive plan, if we don't do something before February =F` llth on Watson Island. Should we do something to protect ourself only to protect ourselves, so that we are not restricting ourselves by our own plan..'= ,x Mr. Rodriguez: If you were not to be in agreement with the proposal that is { here before you today, then the comprehensive plan, on February 9th, would not ' reflect that. Mr. Plummer: All right, what we would have to do in the way to give .this Commission the ultimate latitude -,not that we would ever, you know, because I've said, I'm not voting for this plan - but modifications of this plan would vote for but I don't want to lock my own door is what I'm saying on { 115- Januay February the 9th. What can we do in relation to the comprehensive plan to assure us that we can do something if we want? Mr. Rodriguez: You can approve this today in principle and... Mr. Plummer: Can we do it without approving this particular plan in principle and say that this area is going to be zoned X,Y,Z? Mayor Suarez: How about this, J.L.? Suppose that we were to make one major modification and approve, in principle, the design minus the hotel area which would instead be simply open areas. Mr. Plummer: Mr. Mayor, there are other areas that I have expressed of concern. OK? All I'm saying is, I would want to do whatever is necessary to.... Mayor Suarez: To at least be within the comprehensive plan and then later be able to modify. Mr. Plummer: Exactly. Mayor Suarez: Well, I was just thinking that that... Mr. Plummer: It doesn't mean that we have to do anything, but we would have the ability to do. Mayor Suarez: See, if you take that out, you're basically saying we're going to add a few marinas, we're going to try to do roadway that avoids all the problems that we've had in the past with people crossing; may or may not have a light, that really is not up to us. That depends on traffic studies and we definitely going to expand marinas and then try to provide as many green areas as we possibly can with the money that we'll have available. That's... Mr. Plummer: Can't you zone this as public use? Mayor Suarez: Those are the essential parameters of what you've done, really. Providing as many observation areas as possible and as many green areas as possible and as much landscaping as we can possibly finance. Mr. Rodriguez: Parks, recreation, for recreation. Mr. Plummer: It's PR now. Mr. Rodriguez: You can put it in recreation and that would allow everything but hotels. - Mr. Plummer: All right, Mr. Mayor, I am told that if we, for the comprehensive plan, show this on the plan as a recreational area that would encompass sufficient latitude to allow us to do whatever we want and I would be very much in favor of that even if we do nothing at least we have the ' OR availability of doing such. Mayor Suarez: As long as... Mr. Rodriguez: The only thing it will not allow you to do is put the hotels, the hotel will be excluded. Mr. Plummer: Well, in my estimation, that's probably the best thing that can happen. Mr. Maxwell: No commercial use. Mr. Rodriguez: I know, but I want to make you aware that it will be no hotel{` allow in the... Mayor Suarez: I think we would have a tough time putting shops too without all kinds of hearings, I would think, wouldn't we? Y. Mr. Rodriguez: Well, this whole process, assuming that this were to go.' through at some point, you'd only have to go before the cabinet and they have �< to approvals on the... so, I mean, we have a very long process to go through and then we have to go through RFPs and then so on, so.... nt l �b January.` fib► �$ ._, f • Mayor Suarez-. We would just designate it, under your concept then, to a recreational... Mr. Plummer: Rather than PR. Mayor Suarez: Right. Mr. Plummer: Does that take a motion of this Commission? Mayor Suarez: Did you want to address that? We would only do that today. We'll take public input all the way along the line before we ever do anything on this. Mr. Maxwells Yes. Mr. Plummer-. Does that take a motion of this Commission? If it does, I'll _ offer such, instructing the City Planning Department for the final hearing bf the comprehensive plan to designate Watson Island as recreational rather than PR. UNIDENTIFIED SPEAKER: What is PR? Mr. Plummer: PR is park. But you would be restricted by park not being able to do anything other than whets presently there. No, no, no, no. No, no, no. Ms. Richman: What does recreation mean? Could you inform us? f' Mr. Plummer: Recreation means that you could anything that they're proposing there now with the exception of the hotel. Mr. Rodriguez: If you want to, I can read into the record. Mr. Plummer: Excuse me? Mr. Rodriguez: I can read into the record the definition. ' Mr. Plummer: Well, I think we ought to protect ourselves, really. r't Mr. Rodriguez: Do you want to read it? �tt 7 r Tti i Mr. Plummer: Mr. Mayor if that's... read into the record? Mayor Suarez: Sure. Mr. Rodriguez: The definition of recreation in the comprehensive plan read as follows: "This land use designation is reserved to public parks and recreation facilities and no other uses may be permissible within so t designated areas. Activities such as food service and small scale retailing' z3.' may be permissible within such areas provided that they are directly related to the enjoyment of recreational activities within the park or public open space. Within regional parks, museums, art galleries and exhibition space, restaurants, cafes, retailing and entertainment facilities may be permissible provided that such uses are an integral part of the parkas design and recreational function. Open space recreation land uses along the shoreline may restrict no water dependent or related recreation and other uses to areas not on the waterfront." Meaning, no hotels are allowed basically and there 2. could be some retail related to the uses that will be on the area. t Mr. Plummer: Mr. Mayor, if it's appropriate, I'll move that that designation,, for the comprehensive plan be approved. x Mayor Suarez: So moved. y _ Mr. Plummer: And with the full understanding that that is one for, purposes as allowing this Commission the flexibility: into the future having to go back and modify the comprehensive plan.- K r� Mayor Suarez: Seconded. , Mr -'Maxwells Mr. Mayor. 11II C t. TM t c r—c �n � � `` ., -S � +. '; F .. .:` ' ..' '. d t � ✓ d "4 tr' �_ �<�., fY c�'l�'F t: u��r�1 a T fC v Mr. Plummer: The state comprehensive plan. Mayor Suarez: You had not been able to make any remarks at all. Now do you feel about the motion as now stated? Sir? You were sworn in and everything else? Mr. Harold Cobb: Yes, Mr. Mayor, my name's Harold Cobb. I'm a member of the board of governors at the Miami Yacht Club, 1001 MacArthur Causeway and Miami Yacht Club, in principle, supports the plan. As you probably know, we've been a yachting club in Miami for 62 years now and have been on Watson Island for 42 years. We have both youth and adult sailing programs and regattas which are of a national prominence. We have one modification that we would like for you to consider. The use of the north boat ramp. Under certain conditions of tide and wind, we can't use our east boat ramps, what we would pre... Mayor Suarez: OK, you realize that as of now, we're doing something much more generic than that so you'll have plenty of opportunity to give us comments on that. - Mr. Cobb: I have a letter which describes this. Mayor Suarez; You're welcome to put that in the record and I'm sure we'll take notice of that before we get to that point. We're no where near that. Mr. Cobb: Yes. Mayor Suarez: In fact, we're receding back a little bit from the specifics of this plan to a more generic... Mr. Cobb: Right, well this was a specific item in the plan to put a boat ramp there. Mayor Suarez: Yes, we're not approving the plan specifically at all. We're - simply designating it recreational with that definition that was just stated. _ Mr. Cobb: OK, very good, well... - Mayor Suarez: And I guess you're still concerned about being essentially on a month to month lease or... Mr. Cobb: That is one of our main concerns because... 'a- Mayor Suarez: Eventually someday, I mean, in the meantime, as I tell people that are in that situation, in the meantime, you're there and, you know, - that's... Mr. Plummer:. Don't bark unless you're bit. Mayor Suarez: Believe me, we've tried to do something a little bit more of a permanent nature on Watson Island and it seems to be quite a difficult thing. — a Mr. Cobb: Well, we do like the whole ambiance of the island. One of the things that is a problem on the island also is security. The ladies from the ' Japanese Garden have come over and asked us to stand around while they pull s weeds there because they don't feel secure. That's... Mayor Suarez: Well, that's an interesting point because a lot of times when. you have a little bit more use of a facility, you have more security. Mr. Cobb: Right. These are some of the things that... Mayor Suarez: You know, when you leave it to vagrants, then you have a lot of E problems. Y3 �- NI � pE_ Mr. Cobb: We've given this input. Mayor Suarez: Which is what's happening with that little supposed beach over. there. Mr. Cobb: Right, we have given all our input to Mr. Luft and he has responded {.Y3 to that. i 118 Jaqu � � _k,�wr >✓o�,'hs"` 'rr'S:w4cx ;.L "fir':};�,. f....z�� _- _. —�- ,a^Ca 'alY Y -.;k^� »1 �s`,�,",. ,5a.r .s._ — _ � 4 t Mayon Suarez: Thank you very much, Mr. Cobb. Mr, Cobb: Thank you. Mr. Maxwell: Mr. Mayor. As 1 understand the motion what you're seeking to do right now is to amend the comprehensive plan the year 2000, 1989, 2000. Those are your directions to reflect this new designation. Mayor Suarez: Right. Mr. Maxwell: When that is not what was advertised and the comp plan is not before you now, you've already acted on the comp plan and this, the public hearing that you're conducting now... Mayor Suarez: OK, but we want to have a land use designation that fits, at least in very general terms, that concept with the exception of anything that is not in consonance with recreational, anything like a hotel and so on and that's what we'd be approving today is what - as a conceptual master plan. Mr. Maxwell: As a conceptual master plan, but I think what Commissioner Plummer's doing is directing them to amend the comp plan to reflect that change now. Mayor Suarez: Well, we make any change then you have to make the corresponding changes, I mean... Mr. Plummer: No, no, no, no, that's not what I'm doing now, Mr. Mayor. I am no more than saying, let's designate this for the comprehensive plan to leave us the flexibility in the future to make changes if we want without having to go back and completely redo the comp plans. Mayor Suarez: That's what he's saying. Mr. Plummer: If you don't do anything today and you approve something in the future, you've got to go back and amend the comprehensive plan to do anything you want to do in the future. Mayor Suarez: Yes, why aren't we saying the same thing? Aren't we saying that, that by approving this today, we're building this in to... Mr. Plummer: We're not approving this plan. Mayor Suarez: I understand. Mr. Rodriguez: Right. Mayor Suarez: But, by approving the designation, the land use designation, as recreational, we're building into the approval today also of the comprehensive neighborhood master plan of this area for that purpose. Mr. Plummer: That is correct. It gives us the flexibility to do that in the future. Me. Richman: I have two questions, if I could, please. I was not supposed to be representing this group today. It was to have been an attorney that told me about 5:00 o'clock yesterday he was unable to represent them. ass Mr. Plummer: He could not do as good a job as you've done. Ms. Richman: The question that I have, as it stands now, and the attorneys please correct me, in order to do anything of a commercial nature on'thia, property, you need to do something through the cabinet for the state o€' Florida. ;t Mr. Plummer: Correct. F Ms. Richman: In the event that you put that... Mayor Suarez: And if it was going to be something like a hotel,, have begin by changing our,comprehensive master plan. ,1we1'; ;gyp µy [i I Ms. Richman: I believe you even have to do that for anything like shops, retail. Mayor Suarez: I'm not sure of that. Mr. Maxwell: Mr. Mayor, what she's talking about is to get approval from the trustees of internal improvement fund and that is correct. Mr. Plummer: Right, the cabinet. Ms. Richman: Great, I'm, you know, I'm not aware of exactly what. I would like to go on record as representative from the island association to be notified if and when you make this request through the cabinet. I understand you have not made it for this property as of this time, is that correct? Mr. Maxwell: It's far too premature to do at this time. Mr. Plummer: Oh, Lord, you're talking about a couple of years off. Ms. Richman: Right, so we would like to go on record that we would like to be notified. Mayor Suarez: Not to mention that whatever we do here, depending on who does it, if it's a private entity, has to then be approved by a referendum of the voters. I mean... and not to mention that we have no cost items here, we have no idea how much some of this might cost nor do we know where the funding might come for it. Ms. Richman: I don't know what comes first. When do you do this request before the cabinet? Mayor Suarez: Well, we're not planning to do anything as of now that I'm aware of except approve a conceptual designation. Ms. Richman: There's nothing that would be anytime soon. OK, that was one question and when you speak of retail, under this recreation use that you've just designated, I think all the island residents in group that I'm with are concerned is to how large a retail area is included in this? Mayor Suarez: We haven't gotten into that at all at this point. Ms. Richman: There's no restriction under recreation? Mr. Plummer: Have no idea. Mayor Suarez: No idea. Mr. Dawkins: Why don't you go on the record suggesting that anything concerning Watson Island that you be notified. Ms. Richman: Thank appreciate it. you, Mr. Rodriguez: Mr. Mayor, since Commissioner Plummer asking for some additional information of cost associated with this, if you want to, we can bring you back on February 9th before your second reading on the comp plan just in case you want to change your mind anyway. So I want to make them sy aware that on February 9th, this item might come back again with all the information that Commissioner Plummer has requested. Mayor Suarez: We'll have a second reading on a comprehensive master plan - designation and there might be additional new input. Please don't repeat the same things over again but we'll try to take into account what you've said k' today. And that would be February.... Y Mr. Rodriguez: Ninth. , Mayor Suarez: OK. Ms. Richman: Final point, I would hope that the changes in maintaining, cleaning up and making this City of Miami makes area more secure for some the residents of the community that are using it. 120 January 26, �X90 i µ = , rF r , g- ;, Mayor Suarez: We'd be happy to do that and we'll take your check for that purpose anytime you'd like. Ms. Richman: Is there anything allocated to maintain this? Mayor Suarez: Well, we've made some improvements there with Japanese Gardens and, you know, at least we've assigned, I think, a full time gardener out there and, you know, we... Ms. Richman: Trash pickup, is that in line with - I've gotten a feeling from Mr. Luft that he's disappointed. Mayor Suarez: You can certainly communicate with our Solid Waste Department and with our Manager's office on improved pickup in that area. Ms. Richman: OK, thank you all very much. Mayor Suarez: OK, call the roll. AT THIS POINT, THE CITY CLERK BEGINS TO CALL THE ROLL ON THE ABOVE -STATED MOTION. THIS MOTION WAS LATER FOUND TO BE UNNECESSARY AND THE ROLL CALL WAS NOT COMPLETED. COMMENTS MADE DURING ROLL CALL: Mrs. Kennedy: You know, at this point, I'm not ready to vote favorable. I'd like to see some figures as to whether the mega yacht needs a hotel or not. Mr. Plummer: You're not speaking to that in this motion. Mrs. Kennedy: OK, so... Mr. Plummer: This motion only addresses in the comprehensive plan the designation of the island as recreational. Mrs. Kennedy: But, in that designation, the hotel is excluded. Mr. Plummer: That is correct, there is no designation that would allow it. Mrs. Kennedy: Yes, but if it's feasible.... Mr. Plummer: But you could still amend, if you wanted the hotel at a later time. Mr. Maxwell: Mr. Mayor. Mayor Suarez: You could ask about that, there was some mention of retail. Mr. Maxwell: Mr. Mayor, I have some concerns about what you're doing right now as to whether you can do what you actually are attempting to do. Mayor Suarez: Well, you gave us - listen, let me put it this way, you're staff, you gave us a very specific concept for us to approve today in principle or something. We made it a little bit less specific and that's what we're approving. You figure out the mechanics of it, you know, we're not lawyers here. Mr. Maxwell: But what your notice did... Mayor Suarez: We are, but we don't get paid to be. Mr. Maxwell: and I read what your notice said, to initiate action to amend the appropriate comprehensive neighborhood plan. That's not what's � happening, what you're doing is, you're actually amending it now and that's not what your notice contemplated. T' f Mayor Suarez: Well, we're amending - we're proposing a concept that what we'd }x� like to have there and we'd like it to be, if at all possible, incorporated into the comprehensive master plan today because then we don't have to gox through that later. = J Mr. Maxwell: Two things I think is... yp v rg1lU`3►.'x6io-4?rrks I -{ i Mayor Suarez: if that cannot be done, tell us and we'll do... Mr. Maxwell: ... I think it's improper now and for two reasons, one... Mayor Suarez: You guys in agreement over there? Mr. Rodriguez: We're showing the proposed plan recreation, at present, the one that is before you so you're not amending anything. Mr. Maxwell: So you don't have to do anything. Mr. Rodriguez: The only thing... Mr. Plummer: Why did you tell me... Mr. Rodriguez: Well, because that wasn't clear, the information that we have as to what it was, recreation and conservation, it's recreation, so you're not amending anything. Mr. Plummer: Thanks. Mayor Suarez: Thank you. OK... UNIDENTIFIED SPEAKER: So then the motion is negated? Mr. Rodriguez: The only thing that I want to make you aware, the other facilities which are shown over here, such as the airport or whatever it is, the Chalk's Airline airport, and the helicopter are not clearly defined over here in the definition. They might be considered as recreation related. Mayor Suarez: I thought to your motion.... I thought your motion would include all the existing uses. Mr. Plummer: But he's saying yes but he's saying it's already recreation on the comprehensive plan. Mr. Rodriguez: It's recreation. - Mr. Plummer: We don't have to do it. First he told me that was the way to do it now he's telling me it's already done. Mr. Rodriguez: Right. Mr. Plummer: Thanks, leave me out on a limb. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: It's already there. Mayor Suarez: OK, it sounds to me like we're being so generic then in our approval of a concept, that all that it takes is a motion and itdoesn't affect, in any way, our actual ordinances. Is that correct? Mr. Rodriguez: Yes, the reason what I was trying to... Mr. Plummer: It's what I'm being told now. ,f. Mr. Rodriguez: _ ... I gave you the wrong information was because I was thinking on the previous recommendation to have covered the hotels specifically if you wanted to go that way. But, apparently, since you're not going that way, the recreation designation is enough. Mayor Suarez: OK, do you want to make a motion to approve in concept, they P idea that this would be recreational and maintain existing t , uses. Mr. Plummer: What is this?;`� Mayor Suarez: The island... Mr. Plummer: This plan or the island?; - The island Yes.' tttt -] �� - .. ewe. r..vra'•-n -� Mayor Suarez: OK, so moved. Do we have a second? Mr. Dawkins: Nov what did you do? You withdrew one to sm6nd the master....(INAUDIBLE) Mayor Suarez: Yes, they told us that the master plan is already designated recreational so we'll just have to approve the general concept of maintaining the existing uses. OK, do we have a second? Mr. De Yurre: Is the hotel out then? Mayor Suarez: I believe, as of now, the comprehensive master plan would not include the possibility of a hotel, would it? Mr. Rodriguez: You're correct. Mr. De Yurre: It is only the first reading. OK, I' second. Mr. Plummer: Well, but Victor, now, this is just for the comprehensive plan, this is not to the plan itself. Mr. De Yurre: OK, go ahead. Mayor Suarez: Call the roll. Mr. Maxwell: It is the plan. Mr. Rodriguez: But, again, even if it is the comprehensive plan, that will 'se; affect this plan in the future. Mr. Plummer: You would have to go back and amend the plan. Mr. Rodriguez: You will have to amend the plan. Mr. Plummer: Sure. Mr. Dawkins: But you could amend the plan for a hotel? Mr. Plummer: You can later if you needed to. Mr. De Yurre: OK, let's do it. The following motion was introduced by Commissioner Plummer, who moved 4` its adoption: MOTION NO. 89-93 A MOTION OF THE CITY COMMISSION AGREEING TO MAINTAIN - PRESENTLY EXISTING USES IN WATSON ISLAND AS PART OF THE WATSON ISLAND MASTER PLAN. Upon being seconded by Commissioner De Yurre, the motion was passed and,. adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre - _= Mayor Xavier L. Suarers NOES: None. ABSENT: Commission Rosario Kennedy. rx~ Mayor Suarez: What are we doing on PZ-12. M A Mr. De Yurre: Mr. Mayor, on Watson Island... Mayor Suarez: Yes, I'm sorry. x 3kxFr[ - Mr. Da Yurre: I just wanted one question from the. City.. ,t Airlines, where are we at, Mr. City Attorney?3 ky, *CS f x } Mr. Jorge Fernandez: We've already made contact with the owners. We have a meeting scheduled for next Tuesday with him and his attorneys to discuss *hat they claim to be a vested right that they have there. We have also done research and we're ready to proceed according to the negotiations that we will be carrying on on Tuesday. Mr. De Yurre: You're ready to file for a... Mr. Fernandez: Yes, we're ready to proceed legally, if necessary. Mr. be Yurre: Thank you. NOTE FOR THE RECORD: At this point, the City Commission resumed the regular agenda. 17-. (Continued Discussion) PROPOSED PURCHASE OF CAMILLUS HOUSE: (Continue to Feb 9) (See Label 5). Mayor Suarez: Commissioner, you had an item that you wanted - Mr. Vice Mayor, you had an item that you wanted to bring up to the attention of the Commission? And it was on the agenda, I believe. Mr. De Yurre: It's on the agenda and it's the issue of the Camillus House purchase. Mayor Suarez: Now, Commissioner Plummer... Mr. Plummer: Yes, sir. Mayor Suarez: I think the item was on the agenda... Mr. Plummer: For discussion. Mayor Suarez: For discussion, so... Mr. Plummer: Correct. �I t'. Mayor Suarez: ... you might... Mr. Plummer: Mr. Mayor, I have no problem with it being discussed. I do have �} a problem that I have not, I don't know if others have had the opportunitq beside Commissioner De Yurre, to read the contract which was handed to me at ` this meeting at twelve oh one today and I think that it's unfair to ask me to vote on a concept, this document that's probably 12 to 14 pages long to give an approval on something that I've not read. And I'm not prepared to vote on { it. I think it's unfair. � Mayor Suarez: What is, if I may ask, before getting into the issue of s f possibility of calling a special session and all of that, for a matter.of ; 'j great public import. What are modifications in the terms that would vary from,, { the prior proposal if - Mr. Vice Mayor...: �t Mr. De Yurre: Yes.. ... Mayor Suarez: in that.. 'came h `f Mr. De Yurre: Mr. Mayor, as you recall, a few months'ago when this issue up to purchase the property that we're talking about, the property sub ro � p p Y, for $2 million dollars, you and Commissioner Kennedy voted in favor of the !� purchase and Commissioners Dawkins and Plummer voted against it and I voted,.,'' ;�ri against it. Now, my reasoning was that I needed some answers - some questions i�#art answered. Particularly the fact that I didn't know what we were buying as fa, rI}1 '} As there was a lease and no one had read the lease at that point in time. 9 Additionally, there was a question as to where the people `that -usa z services of Camillus House, such as the soup line type of service, and the = ■ Y ? 124dAusrr .i4��A77pL*h ' A S bedding, where they would go. Additionally, what kind of functions there Mould be at the so called hotel that they're proposing to build which they have already the zoning for even though there's some question about parking that they have to meet. And also as to the purchase price which they wanted two million dollars. I've met with Brother Paul and we have gat down and negotiated the situation which I think is beneficial to everybody in this community. Mayor Suarez: What changes from the prior proposal? Mr. De Yurre: The first change, first of all, is that the purchase price, instead of being $2 million dollars flat out, we're talking about one and a half million dollars which are going to be paid in three installments at three $500,000 installments. One at closing, one in six months, the third one at the end of the first year. We save thousands of dollars in interest that we get to hold on to that money. That's number one. Additionally, I was shown a list of places of existing non profit organizations and churches that provide the type of services they're providing right now at Camillus House which would pick up the slack that they would be abandoning, that the service they would not be providing any more. So that suffice my interest... Mayor Suarez: The idea being that if all that worked in accordance with that plan, that we would not have people waiting for food and so on in a soup kitchen type operation. Mr. De Yurre: Certainly. Mayor Suarez: At least not at that location all concentrated. Mr. De Yurre: Well, the concept of the hotel which was something that I would not allow what they have right now to go in that 5th Street proposed site was one wherein - it's a different concept. It's one wherein these individuals are going to be working, it's pretty much like a dormitory kind of situation like when you go to school, if you're in college and that type of a setting. It isn't the soup line factory type of setting that exists right now on the present location. Mr. Plummer: Let me... Mr. De Yurre: The - aside from those terms, I feel that - and I will ask in a separate motion - for a commitment from this City to help Camillus House to the tune of $500,000 over the next five year period such as we commit a hundred thousand dollars minimum annually to help them, as our commitment to help the homeless in our City of Miami, to get them that kind of money. We can get them that kind of money through obtaining grants from the federal government so it isn't that it will be coming out of our general fund, but we would try to aid them in obtaining those funds from Washington and that way they can get their $2 million dollars and that's not all coming out of our pocket. So I think that this is a good deal for all of us. We all know the interest that the community has in Camillus House moving out of the area and I feel comfortable with what has been negotiated at this time. Mayor Suarez: OK... Mr. Plummer: Mr. Mayor. Mayor Suarez: ... I have a feeling that we probably wouldn't be able to take final action on this and that would avoid, if we set it for the 9th of February for final action, that would avoid anyone invoking the rule or getting into that. But I do see Brother Paul's attorney here and it would be awfully nice to have on the record something to the effect that this deal, as proposed now by the Vice Mayor, is, in fact, acceptable to some person in authority in Brother Paul's operation because, otherwise then, we just don't know where we are once again and it would be - if I may, Commissioners, ask Mr. Fitzgerald to make a statement to see where we are. 3 Si Mike Fitzgerald, Esq.: My name is Mike Fitzgerald from 150 W. Flagler Street. Mayor Suarez: Why don't you move that up a little bit? Mr. Fitzgerald: The purchase price and the terms are acceptable to Brother Paul. .. t� tx s 125 r;r 1$p Mr. Plummer: Excuse me? Mr. Fitzgerald: I've been discussing with the City... Mayor Suarez: You have to restate that, I don't think it came out Commissioner Plummer didn't... Mr. Plummer: I didn't... what did... Mr. Fitzgerald: Contrary to what was in the Miami Herald today, the terms that Commissioner De Yurre has expressed to you all today have been acceptable to Brother Paul of Camillus House. I have been dealing with the City Attorney's office since we got the proposed contract on some, what I call, minor housekeeping matters that I think we can resolve readily. But the... Mayor Suarez: Who has to approve it on the Brothers of the Good Shepherd side or whatever the correct legal entity is besides Brother Paul? Is there any other... Mr. Fitzgerald: It would have to be approved by the provincial council of the Brothers of the Good Shepherd and it would have to be approved by the sacred congregation for religious in Rome. So we're talking about, about a three month process of approval. Mr. Dawkins: Is there any truth to the statement in the paper that the whomever is above Brother Paul is not satisfied with the agreement? Mr. Fitzgerald: I know there are some people that placed the story in the Herald that aren't satisfied with it, but Brother Paul has not expressed those dissatisfactions. Mr. Dawkins: No, no, see, you're just like my wife. You hear me and you're answering like you want to. Mr. Fitzgerald: No one... Mr. Dawkins: OK, thank you. Mr. Fitzgerald: All right. No one that is in the position of authority above Brother Paul has expressed any dissatisfaction with this proposal. Mr. Dawkins: Thank you, that's, thank you now, all right, now we're in business. Mr. Plummer: Mr. Mayor, I concur with you to bring this back on the 9th of February. I had asked for a number of questions and one of the things that bother me tremendously, not relating to that which the Vice Mayor negotiated, is where would the money come from? And the obvious immediate answer is that it would have to come from Park West Overtown funds and that bothers me to no end. I had also asked the administration for the comparison of the situation as it related to the rescue mission for which we bought out that at what price - about? No, much less. Around $700,000, I thought. That concerns me and is it also my understanding that the appraisal on this particular location was a million two? �± Mr. Odio: There were two appraisals, one for a million two and one for two -�+ million. Mr. Plummer: OK, but the million two, you know, how do we ever go above the x: ' million two? -s Mr. Odio: Because we have had, in the past, when we had two appraisals,; one; was high and one is low, you can go into the middle. We did that in the.., ^',g Mr. Plummer: Well even that, at a million five, why would we go above a x — million five?_ Mr. De Yurre: Well, we're not going above a million five. •_ F �` 1 1 1 -,fir ! �. Mr. Plummer: We're not? ` it r Mr. Odio: I believe the price was a million five. Mr. Dawkins: A million five and five hundred on the cuff i* twr, Mi"ioii; Commissioner. Mr. De Yurre: But, the other five hundred that we're looking at is going to be obtained - we're already getting $186,000 from the federal government. We're going to be getting sums of money annually... Mr. Dawkins: $186,000 for what, sir? Mr. De Yurre: For the homeless. Mr. Dawkins: All right, we already spent... how much of our money went to homeless? Mr. Odio: You mean of the $186,000? None, Commissioner. Mr. Dawkins: OK, all right, go ahead, air. Mr. Odio: No, we didn't have that money available until now. Mr. De Yurre: All I'm saying is that we have the availability of obtaining funds from the federal government that we can use to cover that difference which I wasn't comfortable in paying in excess of a million and a half but if we can get the federal government to come in and through them we can satisfy the needs of the homeless through Camillus House, I have no problem helping them in obtaining those funds and we've gotten over, for the last couple of years that I've been here, over $100,000 each year that has been sent down without us doing much work about obtaining additional funds so I don't think it would be any problem getting a minimum of $100,000 until we meet the $500,000 commitment for Camillus House. Mr. Plummer: This - Mr. Vice Mayor, that you negotiated, does this buy the property or are we buying just the leasehold interest? Mr. De Yurre: We're buying the leasehold interest, we would then... Mr. Plummer: We still will not own the property? Mr. De Yurre: We would not own the property where there is a leasehold interest. We would own the balance of the property which is in fee simple. Mr. Plummer: The Studio of Lighting. And there's 54 more years, as I recall, of the leasehold interest, is that correct? Mr. De Yurre: That is correct. Mr. Plummer: At $5,000 a year which is the obligation to pay is $270,000. Mr. De Yurre: Um hum. Mr. Plummer: And yet we're offering $2 million dollars for a leasehold interest of two hundred and seventy. It doesn't make sense to me. Now, excuse me, we'll argue that on February the 9th. Mayor Suarez: Well, wait, but you're comparing the wrong thing to the wrong r thing. 1 Mr. Plummer: Am I? Mayor Suarez: Yes, if you have a lease that you have to pay like, for _ example, if you have to pay only dollar for the next 54 years, it would be even more valuable because then you could use the property or get a tenant or sub tenant and get a lot of money from that tenant and not have to pay k anything to the person you're paying to. The fact it's a low cost lease that you're buying makes it more valuable, not less valuable. Mr. Plummer: Well, Mr. Mayor, as you know, I have made the statement before. and I will make the statement again. I would very much be in the thought of ? -; compensating the Camillus House if they were to move out of the area. I don't. feel that any money paid to Camillus House at this point to have them move J*Aunry - -_- N F'i from a block and a half of the east of the Arena to a block and a half west of the Arena is accomplishing anything. There is no guarantee and I don't think it will happen that the same cone4fio^! prey°.ling over where it is presently will not eventually be the same in the future. It is my understanding the hotel... Mayor Suarez: Well, except zoning restrictions on the other site. Mr. Plummer: Well, but how are you going to stop the people from sleeping on the sidewalk? Mayor Suarez: You can stop them from feeding anybody who is not in the facility. Mr. Plummer: Well, you know, but all the people laying all over the side will it... look, we'll argue that, you know. My point is simply this, you're taking two million dollars to house a hundred people as I understand it in the new hotel. Is that approximately a hundred people to be housed in the new facility? Mr. Fitzgerald: I think there's going to be more rooms than that but there are no plans, yes. Mr. Plummer: How much? Mr. De Yurre: A hundred and twelve. Mr. Plummer: Yes, well, you know, even if it's 200, you're talking about homeless in this community of 8,000; eight thousand and you're spending $2 million for 200? Mayor Suarez: I think the coalition for the homeless that has come up with a figure of about twenty-eight hundred. Mr. Dawkins: Mr. Mayor, Mr. Manager, where will the funds come from to pay this? Mr. Plummer: Don't tell him. Please don't tell him. Mr. Odio: Well, we were trying and I know that you changed it so I have to... Mr. Dawkins: Who changed it? Mr. Odio: You did. We were hoping that the Watson Building sale would be used, that money would be used for this and you told me no. Mr. Dawkins: That's resolution said it cannot be used it's by resolution. Mr. Odio: That's what I mean so I have to now start... Mayor Suarez: Where's the Watson Island sale proceeds going to go? Mr. Dawkins: Into... Mr. Odio: Commissioner order me not to use that for... Mr. Plummer: This Commission did. Mr. Dawkins: No, no, no, no, no, wait a minute, no, no. Mr. Odio: The Commission did. Mr. Dawkins: The total Commission, yes. Mr. Odio: The Commission did. Mayor Suarez: What did we do with it?' Mr. Odio: It was ordered to put in the City funds until.... jfl 'FF Mr. Dawkins: No, it is earmarked for planning and all related -costa to building a new... s- 128 �ant�ay 2�i ;19 Mr. Odio: Administration Building. Mr. Dawkins: ... Administration Building, that by resolution. Mr. Odio: That's correct. Yes, sir. Mr. Dawkins: Now, where will you get the money from, air? Mr. Odio: I have to sit down with management and budget and find out where we can - the other funds we were hoping that we could use is the $719,000 I got from the county but I was told that could only be used for Overtown. Mr. Dawkins: That's right. Mr. Odio: But this is in Overtown, so it's a technical question. Mr. Dawkins: But you see - all right, I'll leave that alone. All right, now, so... Mr. Odio: That would be. Mr. Dawkins: ... you really and truly don't have the money. Mr. Odio: No, not outright. We have to find the money. Mr. Dawkins: Wait a minute, let me... wait, wait, will everybody let me finish with the Manager and then they get - I didn't bother anybody, OK? Mr. Odio: Well, we have to allocate the monies differently. In other words, I have to go back and review what we have and somethings got to give. Mr. Dawkins: All right, well let me ask you another question now. Somethings got to give... Mr. Odio: It's a question of priorities. Mr. Dawkins: All right, all right, something has to give, OK? Now, with the disturbance, how much did we spend in police overtime? Mr. Odio: I'm grappling with that right now, it's a... Mr. Dawkins: How much did we spend? Mr. Odio: A million two. :i Mr. Plummer: For what? — Mr. Dawkins: All right, where is that going to come from? Mr. Plummer: Wait, wait, I'm sorry. A million two for what? Mr. Odio: The week.... Mr. Dawkins: Overtime for the disturbance. � s Mr. Plummer: For the distur... wait a minute, whoa, whoa, whoa. A million two is payroll for the police. Mr. Odio: That's what he asked me and that's what I'm saying. Mr. Plummer: Oh, I'm sorry, let's get a realistic figure. .: 4�42 fiihe� Mayor Suarez: Please give us a breakdown on that when you get a chance LaryAnl Mr. Odio: We will. Mr. Plummer: You're going to be talking about that week, you're going to: be ;} ==k,, f' talking about two and a half million dollars in total.; 4ax r Mr. Dawkins: All right, so.. P Q r� cc r _; } _ __ Mr. Plummer: That doesn't include sanitation, public works... Mr, Dawkins: He's not the Manager, he's not the Manager, OK, he's not th& Manager so don't worry about nothing, OK? All right. Mr. Odio: And the answer to your question is that it's estimated right now because I began to track overtime from the first day, it's a million two. Mr. Plummer: That's strictly police. Mr. Odio: A million two police overtime. Mr. Dawkins: A million two. Now, where are you going to get that from? Mr. Odio: Like I said, well, I'm first of all I have to start not hiring people right now and just put a freeze on any hirings and I have told all the department heads to hold back except.... Mr. Dawkins: All right, you've consolidated, you've reorganized and you've knocked down everybody, now how are you going to not hire anybody and meet the level of services that's required for safety and etcetera in the City? Mr. Odio: Commissioner, we have positions that are vacant at this time, except for police and fire and we just have to tighten our belts and the now. Mr. Dawkins: It's what you're going to do. All right, tighten your belts. You're going to lay off firemen? Mr. Odio: No, sir. Mr. Dawkins: Are you going to lay off policemen? Mr. Odio: We're not going to lay off anyone. We just... Mr. Dawkins: We're not going to buy the vehicles that they need? Mr. Odio: No, we have done that. Mr. Dawkins: We're not going to buy the ammunition that they need to practice with their guns and what have you? Mr. Odio: We have done all of that, Commissioner. Mr. Dawkins: Are we not going to buy gasoline for the automobiles? Well, how are we going to cut back? Mr. Odio: We are looking at it right now. It happened last week. I have been working budgets and can see where we're going to find that money. Mr. Dawkins: OK, but see... Mr. Odio: We have to find it. Mr. Dawkins: Beg your pardon? Mr. Odio: We have to find it. Mr. Dawkins: Well, why is it that you can find this money for .this but when Z want something you don't have no money. k Mr. Odio: Because this was an emergency, Commissioner. And which was,nQt planned. Mr. Dawkins: No, it's an emergency when I want it, OK? I need everything I tf can get in Overtown Park/West but you ain't got no money. w� Mr. Odio: Well, I'll.., y` Mr. Dawkins: OK, no you see, no, Mr. Manager, this is very unfair to the {"# community. Now we have problems that have been in this,, gaaunity, AD fi Overtown, in Liberty City, in the black Grove,. in Little Havena, is �ylagoip�m 10 January 26; 1 ' that have been there since I've been oft this Commission and when I come up and say let's settle this, you don't have no money Btut now, all of a sudden because we need a million two, you can find it. I don't understand hour you can do it, sir. Mr. Odio: We have to have a balanced budget and if we have to end up the year with zero fund balance, that's what is going to happen. Mr. Dawkins: No, no, I'm not... you see, what you're telling me is that you're going to cut out things that we sat, as a Commission, and agreed on in a budget in order to have a balanced budget... Mr. Odio: Well, I... Mr. Dawkins: ... you're going to cut them out in order to find a million two that you want for something that was not in the budget. Mr. Odio: I want to pay the overtime, Commissioner? Or that happened last week because we had no choice? Mr. Dawkins: Now, because Camillus House happened. Mr. Odio: Well, I said that I had to sit down and find out what we can do to pay Camillus House. We had a million dollars we were cutting out for the Watson Building, that was taken away. We had $700,000 that is for Overtown, you said we can't use it so I'll tell you if we cannot find the money, I'll tell you you can't do the deal. Mr. Dawkins: Well, but you see, that's unfair to them. If you don't have the money you should tell them I don't have the money. I mean, they're going up to - what's the order above Brother Paul? Mr. Fitzgerald: Brothers of the Good Shepherd. Mr. Dawkins: And tell them - OK, the City of Miami says we got this and we got that and everybody's going to plan to move and that we don't have a million two. What then? Mr. Odio: If we don't have the money, you can't make that deal. Mr. Dawkins: No, but you see, Mr. Manager, I'm not going to accept that from you. Mr. Odio: Well, I don't... Mr. Dawkins: You're going to have to tell me you got the money or you don't have the money. Now that's what... — Mr. De Yurre: By the 9th. .... he's got to find it. Mr. Dawkins: OK, but... Mayor Suarez: Now, before you make a recommendation on this on the 9th we need to know... Mr. Dawkins: OK, by the 9th, all right, by the 9th. Mr. Odio: I'm not prepared to make a recommendation now. I did, not expect.... `e Mr. Dawkins: OK, I beg your pardon, I thought you were telling me, let's go Y" now. } Mr. Odio: Did I say that? sue_ Mr. Dawkins; No, since I said I thought, didn't say... 4� Mr. Odio: I'm sorry, I'm sorry, Commissioner. Mayor Suarez: OK, be prepared by the 9th to make a recommendation who funds are going to come from. Otherwise, we obviously can't g6i through the deal.,' 13 i January- 26l:$� - Mr. Odio: And if we can't find it, I'll tell you. Mt. Dawkins: All right, the other thing I need to know from this Commission, you know, what you going to do about the excess parking? This Commission, not you. What are we going to do about the excess parking that they're demanding? Mr. Odic: Oh, well, they got a problem with that, not me. Mr. Dawkins: No, not you, sir, this Commission. Mr. Plummer: They don't have it. Mr. Dawkins: They got to have it. Mr. Plummer: They don't have it. Mr. Dawkins: They got to have it. Mr. Plummer: I'll tell you what. I'll sell it to them for two million dollars. Mayor Suarez: As part of this deal, Mr. Vice Mayor, is there any agreement on that issue? Mr. De Yurre: There is none. We've been trying to work with them. The administrations seeing if there's anything in the area that they could lease from the City as far as meeting that requirement. If there's some, then it's up to the administration to work that out. If not, then they would have to go through the proper channels which is to request a variance and I imagine at some time in the future, we would run into that issue before us. Mayor Suarez: For myself, when and if that time comes, I'll have no problem voting for whatever it takes to solve that issue but I don't believe it's part of this particular issue. Mr. Dawkins: Well, I want to let you know now you tell them that this is one vote they have to get no more parking. I don't know about other four up here but tell them Miller Dawkins is going to vote that they get no more parking. OK? Now, Mr. City Attorney... Mr. Fernandez: Yes, sir. Mr. Dawkins: ... is there anything, and J.L. Plummer you need to listen because you've been here longer than the rest of us, is it anything that says that if this is approved and the Camillus House agrees that there will never be more than a hundred people for feeding or whatever they have, and there'll be no people waiting on the streets for food, and that there will be no people sleeping on the streets, and we find this to be in effect, can you revoke the CO? Mr. Fernandez: Well, we are getting a little bit ahead of ourselves. The only thing... Mr. Dawkins: No, I'm not getting ahead of myself. I asked you if... Mr. Fernandez: OK. Mr. Dawkins: ... and I'm assuming that this has happened and I want you to tell me what redress I have in the event that it happens. I'm not ahead of myself. f Mr. Fernandez: In the permitting process when they get ready to build, then they build, they will have to abide by whatever specifications the code requires or the administration has permitted them to do. Mrs. Kennedy: I guess Commissioner Dawkins is saying, and if they don't? Mr. Dawkins: OK, no you're not asking my... OK, all right, they say they're - going to do this, they build the building and then I goout and find people Ft a sleeping on the streets. I find out that they got more than a hundred people`' _- and 'they got` people waiting in line for food, which they say theywould have. Can the CO be revoked or what can you do to take and put them out of the building, that's all I'm asking you. Mr. Fernandez: And they're in violation of the Code of the City of Miami, they're treated... Mr. Dawkins: No, sir, I don't want to know about the code. I want to know what laws can I put in effect... Mrs. Kennedy: If they violate the agreement, what can be done is what he's asking you. Mr. Fernandez: I don't understand which agreement you're talking about then... Mr. Dawkins: All right, the agreement is that I will agree to him telling me that at no time will there be anybody on the streets in a soup line. At no time will there be anybody around this facility sleeping on the streets and they guarantee that. Now, when they start feeding and people start congregating, they did not live up to their part of the agreement. Now, how do I void the whole agreement? That's all I'm asking you, sir. Mr. Fernandez: To the best of my knowledge, there is no such agreement, in fact, now being considered or contemplated. Mr. Dawkins: But I want to con... so you see, I want to consider it. See, Joe, tell me how to do it. - Mr. Fernandez: All right, fine. If there were to be such an agreement entered... Mr. Dawkins: Thank you. _ Mr. Fernandez: ... between them and us and they violate the agreement, then the agreement would also contain the conditions of what will happen afterwards. If we agree that if they violate, we can kick them out, then that's what happens. Mr. Dawkins: OK, that's not... Mr. Fernandez: By contract, you can agree to anything that the two parties reasonably want to reach an agreement on. Mr. Dawkins: OK, all right, OK. Now, Commissioner De Yurre said that we got $186,000 coming, Mr. Manager. Is that a true fact? Mr. Odio: Yes, sir. Mr. Dawkins: Now what happens to the group who we gave the money to last year who redid a building and with the expectation, although we told them that there would be nothing this year, and what happens when they come down here for money? Mr. Odio: You mean the... Mr. Dawkins: Whatever that group... Mayor Suarez: The Christian Community Services we gave the money for rehabilitating the building but we told them that we would... r Mr. Odio: We told them that it would be no more funds coming up. There is an b agenda item today where you will decide if you so choose, how you want to r spend the hundred and eighty-six thousand. ; Mr. Dawkins: All right, now, where will... now, we talked about the million AS two. We don't have that. Where will the $500,000 come from that we're going to pay on top of that, sir? � Mr. Odio: I'll have to sit down. I was just talking to Mr. Bailey. We hsvg to sit down and see what we can do. We had put out an RFP to the private sector on this property to see if the private sector would come in and develop -it and,,therefore,.put up the money of the million five that is needed. And that would solve the problem without the City having to spend one dollar. �a 4 IT F Mr. Dawkins: Can I meet with you on the nth when you have all of this becausie t would like to be briefed on this before the 9th. Mr. Odio: Yes, sir, sure: Mr. Dawkins: OK, no further questions. Mr. Plummer: I have a question. Mr. Odio: Again, I think that would be the best solution, private sector. _ Mr. Plummer: If, in fact, an agreement is reached, who would sign for the Brothers of the Good Shepherd? Mr. Odio: Well, they have a board... Mr. Plummer: Who would sign the documents? Mayor Suarez: Why don't you ask their attorney? Mr. Plummer: For the Brothers of the Good Shepherd, who would be the legal designee to sign a contract for the agreement? Mr. Fitzgerald: Right now, it would be either Brother Paul or Brother Harry; but at the time of the contract, it would be depend on who the official was appointed by the Brothers of the Good Shepherd. Mr. Plummer: And, if I'm not mistaken, the Brothers of Good Shepherd at the present time have a vow of poverty. Mr. Fitzgerald: Correct. Mr. Plummer: Do the Brother of the Good Shepherd own any other facilities in this community? — Mr. Fitzgerald: Other than Camillus House? Mr. Plummer: Yes. Mr. Fitzgerald: Where? I can't tell you where, it's...' - Mr. Plummer: Approximately where? Mr. Fitzgerald: You tell me. Mr. Plummer: General area. Mr. Fitzgerald: It's north and on the way towards the hospital. ft Mr. Plummer: To your knowledge, do they own any other facilities in this town? Mr. Fitzgerald: No, to my knowledge. — Mr. Plummer: All right, sir... ; Mayor Suarez: Facilities or parcels? M Mr. Plummer: Any other real estate. = Mr. Fitzgerald: The vacant land by the Police Department.jt' Mr. Plummer: When we come back on February the 9th, I would like an an of what exists at 147 S.W. 25th Road. �' Mr. Fitzgerald: � They own a house. Mr. Plummer: A house which was paid in cash $185,000 and approximatli►r s $100,000 to rehabilitate. Is that correct? Mr. Fitzgerald: I have no idea. Mr. Plummer: Well, I can tell you, the hundred and eighty-five cash that was paid to purchase the house by the Brothers of the Good Shepherd for their, residential facilities is for certain. I have asked the Building Department to tell me what the improvements to that residential structure were. The concern is the area, what will that facility be used for? It is presently approximately a $300,000 facility for the Brothers of the Good Shepherd which basically is the residential facility for Brother Paul and Brother Harry. If that is an incorrect statement, I hope you will correct it at the next meeting. Mr. Fitzgerald: Do you want to know how many Brothers live there or do you want to know what the intent of the Brothers is to that, till you....? Mr. Plummer: No, I'm just wondering of people who take a vow of poverty have a $300,000 home that they call their residence. I'd like to know how that happens. Mayor Suarez: He's inquiring into the validity of their vows and so on. Mr. Fitzgerald: I don't think that's an appropriate topic for this Commission. Mayor Suarez: Well, you know, we ask all kinds of questions here so I'm sure the Brothers have no problem saying how many people are living there and how much they paid for the place. Maybe that's implicit in a vow of poverty that they also have a vow of disclosure. Mr. Plummer: Closure or disclosure? Mayor Suarez: Anyhow, if and when these items come up, the terms as discussed and if and when funds are identified by the Commission the matter will be considered at the February 9th meeting. Mr. Manager, make sure it is scheduled and that all documentation proposed by the City to be approved at that time be before the Commissioners. If any modifications are made to the terms that have been delivered today, make sure that they receive it in advance and we thank you, Michael. ------------------------------------------------------------------------------ 18. ALLAPATTAH-WYNWOOD COMMUNITY DEVELOPMENT CENTER, INC. ------------------------------------------------------------------------------ Mayor Suarez: We're going to go to the morning items as quickly as possible before we get to the rest of the planning and zoning agenda. Item one. Making finding regarding sign for... that was withdrawn, item two. Agreement _ with Allapattah Wynwood Community Development Center. Mr. De Yurre: Move it. Mayor Suarez: We have a motion. Motion to approve the agreement with the Allapattah Wynwood Community Development Center in the amount of $25,000. Mr. Mariano Cruz: Hey! I want to talk... Mayor Suarez: We have a motion - Mariano, please, I'm just trying to see if we have a second on the motion. OK, I'll second the motion. Your floor. Mr. Dawkins: Properly moved and seconded. Under discussion. Mr. De Yurre: Call the roll. Mrs. Hirai: Roll call, Mr. Plummer. Mr. Dawkins: No, we got a citizen that want to be heard. �f Mr. Plummer: I'm sorry, what is this for? What is the motion before'us? ax Ms. Hirai: Didn't you move it, Mr. Plummer? x t{;� jnl f k : t � 135 .fia"nu y �i '913Q Mayor Suarez: To build a $25,000 branch of Allapattah Wynwood Community Development... Mr. Dawkins: It's been moved and seconded, now we're under discussion from the neighbors, I mean from the residents, citizens. Mr. Plummer: Mr. Mayor, my same concerns are expressed at this particular time. The $25,000 for that allocation is for the day care center, is that correct? Hello? Hello? Is there anybody home? Mr. Frank Castaneda: No, Commissioner. Mr. Fernandez: I'm here. Mr. Plummer: What is it for? Mr. Castaneda: No, Commissioner, when the community based organizations, the CBOs were discussed at the community development, the Commission said if there's any money left over from the community based organization from last year, we want you to allocate $25,000 to the Allapattah Wynwood Development Corporation. This is to do an economic development project in the Allapattah area. Mr. Plummer: Ah, ah, ah. OK. I'm sorry, I was confused on the issues. I vote yes. Mrs. Kennedy: Are we under discussion or we're calling the roll already? UNIDENTIFIED SPEAKER: Under discussion. Mrs. Kennedy: Well, you know, I need more time to discuss this. Mayor Suarez: We're going to take input, we're going to take input from - although Commissioner Dawkins is chair. Mr. Dawkins: Calling the roll. Mr. Plummer: Rosario, this is a different... Let's hear from the public. The economic study - hello? Mr. Dawkins: All right, Mr.... Mr. Plummer: This is the economic study for Allapattah, is that correct? Mr. Castaneda: This is an economic development project.... Mrs. Kennedy: No, it's an economic development project, not a study. Mr. Castaneda: They wanted to create another community based organization for the Allapattah area. When we presented the recommendations for community development, we recommended against it and there was no funds allocated. The Commission said that if, out of the money left over from the different agencies, if there was $25,000 you wanted to give it to this organization which is called the Allapattah Wynwood Community Development Center, Inc. Mrs. Kennedy: And you took the remaining funds of the Martin Luther King, right? Mr. Castaneda: Well, from Martin Luther King and from the agencies that left money be... Mrs. Kennedy: And how are they going to get funded? Mr. De Yurre: This is money that was not allocated and was left over. Mr. Odio: Excess. 3' Mr. Castaneda: This was money that was left over from the agencies last year. Mr. Dawkins: Hold it now, wait now, wait now, wait now. Is it money that was not allocated or was it money that you were holding because Martin Luther King r' had a problem? 136 January 26, 190 n Py,y L Mr. Castaneds: This is money that was left over from agencies last year. As you know, Martin Luther King had a very big problem and they were not in operation for about four or five months for last year. Mrs. Kennedy: OK then what happens to Martin Luther King next year? Mr. Dawkins: Or now? What happened to Martin Luther King now? Mr. Castaneda: They have funding for this year as long as they're able to get their papers in order. Mr. Dawkins: How much funding do they have? Mr. Castaneda: Fifty thousand dollars. Mr. Odio: Yes, I just read a letter I got from MLK as I was upstairs and we need to help them solve their problems instead of putting them out of business, I'm going to have a meeting about that tomorrow, Commissioner. Mrs. Kennedy: Well, I think we should hear from the public because we already have another project in Allapattah and I don't know whether this one is necessary. Mayor Suarez: Are the two are going to say something, maybe we ought to check. Mr. Dawkins: It is, yes two only. Mayor Suarez: So we hear from two people and not 18. Mr. Dawkins: You know we've been here, we've got a lot to do. Let's see if we can't expedite this. You are from a CDC in Wynwood, OK? So, let's hear from some others. Go ahead. Go ahead. Mr. Bill Rios: My only remark is... Mr. Dawkins: Pull it... Mr. Rios: My name is Bill Rios, I'm the executive director of the Wynwood Community Economic Development Corporation. In the original proposal, I was up here and requested that they drop the name Wynwood. The area they service isn't in Wynwood, they have no intention of serving Wynwood and it would create confusion and we are what our reputation dictates and certainly they acquiesced, they said they would drop the name Wynwood from their organization and now I see it again as Wynwood. Mayor Suarez: Do you expect that as a community development organization, that you are working on a project as complex as creation or expansion of a free trade zone that you want to take the lead on right now and that might lead to an incredibly complex issues that you should have any problem with anyone else using the name Wynwood as part of their organization. I mean, frankly, there'll be other - you know, there might be a day care center that uses the name Wynwood, you know, if you have the ability legally to prevent somebody from using that name, you might not have registered. I would not get into the issue of who has the right to use the name, Bill, because probably no one has registered a name. Now, if they agree to taking it off then, you know, no big deal. Mr. Rios: They agreed. Mr. Dawkins: They agreed here. I was standing right here when they agreed to take it off. �z s=? Mr. Rios: That's right. And, Mr. Mayor, it was at your insistence that they take it off. yIi Mayor Suarez: I just want to remind you that you have your hands full with that other little project. Mr. Rios: No, and I still care for you, Mr. Mayor, thank you. 437 fi,rr'' 2(� ti Mr. Dawkins: All right. Mayor Suarez: And there's some that doubt your ability to pull it off and I nope you prove them wrong. Because they want you to pull it off but... Mr. Rios: I won't prove you wrong, Mr. Mayor. Mr. Dawkins: OK, who's next? Mayor Suarez: All right. Mr. Ralph Packingham: Thank you. Good evening, my name is Ralph Packingham, 3731 N.W. 17th Avenue, the vice president of Allapattah Business Development Authority. We have a viable working entity working in Allapattah that serves the entire Allapattah community. We have pulled together over the past four to five years all segments of Allapattah and we are servicing Allapattah. We are servicing Allapattah in an economic way, in a development way as well as working with the businessmen from 39th Street back to South River Drive; from 7th Avenue back to 27th Avenue. We do not need, I repeat, we do not need another CBO in Allapattah to help to divide this community. This is the only community that comes before you united as one in the past years. Do not make a mistake at this time and create a problem where there is no problem. There's nothing to be fixed.... Mayor Suarez: Why do they create a problem, Ralph? In other words, why are you saying that there's got to be some exclusivity? You've got so many projects - I've met with you on an affordable housing projects, I've met with you on an expansion of your community center, I've met with you on facade improvements, I've met with you on economic development of 36th and 17th. We'd like you to do so many things that you wouldn't even have time to come to this Commission and argue that somebody else shouldn't get $25,000 to try to do something also worthwhile in your community. Mr. Packingham: Well, Mr. Mayor, to answer your question, we feel that first of all, the $25,000 could be better spent at over in Martin Luther King. We, today... Mayor Suarez: Well, that's not the issue now. They... Mr. Packingham: ... we have been down here - OK, today we have been down here since 9:00 o'clock waiting on this one item. Now, if we can take the time out to come down here and stay all day long in order to present - to make a presentation to you, then it shows that we are working in the area of Allapattah. We are taking the time. Mayor Suarez: Frankly, I'd much rather you spend the time on your projects, which are very difficult to get off the ground than to argue that somebody else shouldn't get $25,000 which I think they have to match up against something like a $250,000 grant from the state before they can even do anything. You can spend your time anyway you want, but... Mr. Packingham: It is our feeling that we do not see any reason to divide Allapattah, making new lines of division from 28th Street back to 39th Street and all these kinds... it's only a duplication of the services thats already there. Mayor Suarez: Well, but isn't what they're proposing to do like a child care facility? Mr. Packingham: No, that is... F Mayor Suarez: We have a finding, we have found in all the hearings we've had that there is many, many needed throughout the City. If we had ten organizations doing it in Little Havana right now, we'd be happy to. If we had ten doing it in child care economically and well in Allapattah, we'd be happy. Mr. Packingham: But the money, the twenty-five thousand, specifically say$, b for a community based - Allapattah Wynwood community based development center.,. It does not address a child care center. Mr. De Yurre: Part of their function is going to be that.4 138 JOAU40' 20i 9 J t Mr. Castaneda: Right, but the $25,000 funding is for economic development. Mr. De Yurre: That's right. The thing is how... Frank, how many CBOs uo we have in the other communities? Little Havana? Mr. Castaneda: In Little Havana, we have two, we have a small business opportunity center, a Little Havana Development Authority. In Edison we have Haitian Task Force and the Little River Chamber of Commerce and Biscayne Chamber of Commerce. Mr. Dawkins: The Dade Chamber of Commerce? Mr. Castaneda: Right. Mr. De Yurre: Biscayne. Mr. Dawkins: We fund them? Mayor Suarez: Biscayne, Biscayne. Mr. De Yurre: Biscayne. Mr. Castaneda: Yes. Mr. Dawkins: Oh, Biscayne. I thought you was talking about Miami -Dade. Mr. Castaneda: Last year, we started funding them at the level of $50,000. In Overtown, we have two, Overtown Economic Development Corporation and New Washington Heights. Mayor Suarez: So that's how many in Overtown? Mr. Castaneda: In Overtown we have two. In Little Havana we have two. In Coconut Grove we only have one, in Allapattah we only have one, in Model City we only have one. Mr. De Yurre: In Liberty City? Mr. Castaneda: Only one, MLK, Martin Luther King Economic Development Corporation. Mr. De Yurre: OK, so there's no exclusivity. Nobody comes in, the first one in controls the whole area, there's no monopoly that we're dealing with here. I think that more people that are willing to work for this community and do something for the community, it's that much the better and we can all work together. OK? And a lot of good work has been done. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. De Yurre: Good. Mr. Mariano Cruz: Let me say something for the record. Mr. Dawkins: Pull the mike up, Mariano. Mr. Cruz: Yes, I try to be business like because... Mr. Dawkins: Pull the mike up, Mariano. kA. Mr. Cruz: ... the Mayor says that sometimes I get emotional and agitate. I'm trying to be business like today. Mayor Suarez: Well, that's OK when we get together... j Mr. Dawkins: That's impossible. Mayor Suarez: ... at night at E1 Pub and you and I, you know, discuss but.,. Mr. Cruz: Yes, that's different, that's.., iV�rC` C F 1�P tyt = Mayor Suarez: I thought we were setting up the Commission meetings on Thursday so you wouldn't be able to come, you'd have to be out there delivering mail, you know. Mr. Cruz: OK. OK. I am going to read for the citizen participation guidelines handed down from the City Manager office, the book. You get some copies there. My name for the record, Mariano J. Cruz. I live at 1227 N.W. 26th Street, Miami, Florida in the Allapattah neighborhood. I happen to represent by election, by election, the Allapattah neighborhood and the citywide community development advisory board here. The federal regulation governs the, community development block grant program requires the establishment of system through which community residents can participate in the planning, implementation and evaluation of block grant fund activities. In order to maximize the opportunity for residents, now look, maximize the opportunity to me that's the resident participation in the community development that's the decision making process. The City of Miami, not me, not Allapattah, has established a formal citizen participation system which will be employed in the City's community development target area. I will just jump to some highlight here - provide the resident with an opportunity to discuss community concerns and related issues, providing an opportunity for City residents to identify community needs. Now, I go here, conduct meeting which provide residents the opportunity to voice their opinions prior to the board recommendations, assist and provide sufficient knowledge.... OK, now, number five, very important. Make every effort to address and resolve target area concerns prior to being referred to the City Commission. Only matters approved by the majority vote of the members present shall be referred to the Commission. Minority points of view shall be documented as well. Now, the only thing I say that if you, the Commission, approve this money, this has been done against every rule in the same book you telling me to follow. I don't know there, the HUD people in Washington or whatever, but one other thing here in section nine. Conflicting interest, risk of any conflicting interest and nepotism. A board member who has a financial interest or who will benefit financial either directly or indirectly as a result of an action before the board will make known that interest and shall refrain from voting upon other work participating in such action. I don't say this, it's written here, come down from the City from Washington. Another thing, when Mr. Fonseca applied for that, he was a member appointed of the Community Development Advisory Board. Represent I don't know who, maybe private, but he was not representing Allapattah. Another thing, he went there and canvassed members of the board. He say I got so many votes, I got this, never was that taken to a meeting of the board, open meeting, violation of the Sunshine Law of the State of Florida, sure of it. Because I was never told of that, we're never told of the meeting. Some people who are taking and they sign, Mr. Sabines signed for it. Does the City Commission have a resolution by signing a piece of paper or you have an open meeting here in front of everybody. In front of everybody and that was not done in front of everybody and that's wrong. If this $25,000 is going to be a political debt payment, let whoever pay that from their own pocket or whatever, but not from my tax dollars I sent to Washington and that's the reason I am in the Community Development Advisory Board because I send five or six thousand every year to Washington. I want to make sure it goes to the right places, to the old people, to the youth people, to everybody there that need the money, not to pay a political debt. That's all I have to say. Mr. Dawkins: Anybody else? Anybody else? Mr. Cruz: And now, let me ask one thing. They say that this morning come from Washington from HUD. You do whatever you want then, I do my thing too. Mayor Suarez: That's the way it usually works out. Mr. Dawkins: OK, anybody else? OK, you care to say anything? Mayor Suarez: Fonseca. Mr. Cruz: Remember, I am just following your guidelines. Mr. Dawkins: Do you want to say anything? ,..:Y Mr. Heriberto Fonseca: My name's Heriberto Fonseca. I live on 2655 N.W. 22nd Court for over 26 years, that's Allapattah. This showed to the people, this group, very clear that they don't care about the community. I asked to the* q 140 January 26, 1909 r' people why they are afraid to compete with us. When you don't have competition, the only being hurt that's the community and that's happened in My area. I live in this area, how I say, for almost 28 years, I got 3 kids, they all born in Allapattah, my oldest is 26, 22 and 20. I got my property 2655 N.W. 22nd Court. I try to do something for Allapattah because Allapattah is a disaster. Twenty-eighth Street, we got about 40 or 50 merchants. This group they don't give a damn things about this merchant. They all my friend. They support me and they agree the last year that pay space to create a mini station. This group move behind the bar and turn down our project. What's this people care about Allapattah? We try to do something. I belong to that neighborhood and I want to talk to the Commission and they can't make a decision today. Whatever they vote, in favor or against, they don't going to vote for Heriberto Fonseca, they going to vote yes, they vote yes for Allapattah or no against Allapattah. I believe the Mayor of Miami, Xavier Suarez, the Vice Mayor and the Commissioner, they going to make a fair decision in this process. And the next year with twenty... I mean, this year with $25,000 I'm going to put a person for part time job but this person he really care about his neighborhood. He lives in the neighborhood, is going to do more than part time job than a full time job, these people got in Allapattah for $24,000. For instance, by the way, my organization, our organization, he's never going to be in the Commission to ask for fifty - thousand some to make any salsa festival in Allapattah, we don't need that. We got enough problems with crime, drugs, prostitution, everything and with that $50,000 you can buy land that we can make a building, a mini station police. That's going to be part of the solution in Allapattah neighborhood, 28th Street. That's all I can say. Mr. Plummer: Do we have any kind of an outline or as commonly referred to as a budget of what this money would be used for. Mr. Castaneda: Commissioner, you have an entire package in front of you. You have page 3 is the work program and page 4 is the budget and you have a more detailed budget on page 5. Mr. Dawkins: Any further discussion? Any further discussion from the Commission? Mayor Suarez: Call the roll. Mr. Dawkins: Madam Clerk, call the roll. ON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY MAYOR SUAREZ, THE HEREINABOVE MOTION FAILED BY THE FOLLOWING VOTE: AYES: Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: Yeeeh000 - Boy, the cheese is binding. I feel that two CDCs is needed but I also feel that we do not need any conflict between two groups, 1' I'll have to vote no. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: Item two. I'm sorry. Mr. Cruz: Thank you very much. z> Mr. Plummer: I think the next question... Mayor Suarez: Please, please, please. Mr. Dawkins: No, but I also want to say on the record, that I do believe"this gentleman is sincere, he's been in my office and I must say to his face, he has never been in my office asking for anything for himself and I've been bore } 141 January 2k, 19�9 ■: eight years. It's always been for the community and I make a recommendation that since we're finding money for Brother Paul and everything else, that we find $25,000 to help him develop the day care center because the day care center, in my opinion, is not in conflict with anything anybody else is doing. Mr. Fonseca: Let me say something for the record and I wanted to know this. The space that we rent been paid for four months by my pocket because when we got a meeting with Frank and when all this community development, they say, we got no problem, this is going to be passed. I pay four months rent from my pocket. I pay the two insurance the City of Miami request and now that money's gone from my pocket. Because we believe that it's going to be in favor of the community. We urge that you agree with us to vote in favor, you vote in the beginning in favors, and we really surprised me than three votes is going to be against Allapattah, not against to me. I'm going to try to get my money back because I don't want to pay from my... Mr. Dawkins: No, you're going to get your money back right now. Mr. Fonseca: That's not the point. Mr. Dawkins: No, no, no. Mr. Fonseca: No, no.... Mr. Dawkins: No, wait, let me finish. Mr. Fonseca: To me, it's more important the easiest in the community than the money. I mean, the office has been elect serve the community, not any group or special person. It's not conflict between don't you agree to see two group compete in favor of the community? Can you answer me that question? Mayor Suarez: We voted on it. Unless the Commissioner want to say something specifically on it, we're on to the next item. Mr. Dawkins: No, I would like to say that we did say that we were going to fund him and I do feel responsible for any out of pocket expenses that he made and I would move that any... Mr. Fonseca: Mr. Dawkins, Mr. Dawkins, that's not the point. That's not the point. The point is, the community... Mayor Suarez: OK, he was going to make a motion on your out of pocket expenses but we can't let you continue making statements. You've made your statements and the Commission has voted and we got to go on to the next item. Thank your, sir. Mr. Fonseca: Well, it's going to be over it's going to be next time Mayor Suarez: Sir, the vote is clear. can explain it to you. Mr. Fonseca: All right. Thank you. If you need somebody I'm sure Frank Mr. Plummer: Excuse me, are you making a motion to that effect? Mr. Dawkins: I did. Mr. Plummer: Is it been voted on? Mayor Suarez: No, he didn't - said that wasn't the issue, I don't... Mr. Hirai: I need a second, Mr. Mayor. I need a second to the motion. E Mayor Suarez: Yes and we haven't had a second on it. I don't know that he wants it. Seconded by Commissioner De Yurre. Is that with some kind of cep or something? Mr. Dawkins: No whatever's , out of pocket, whatever he.... _ Mayor Suarez: Whatever he can establish out of pocket, we've delegate the authority to the Manager to review and be assured of it. Is that all right? Call the roll on that motion. t08 R 142 January 26, 19$9 x a, rat A MOTION INSTRUCTING THE CITY MANAGER TO REIMBURSE MR. HERIBERTO FONSECA FOR ALL OUT OF POCKET EXPENSES PREVIOUSLY INCURRED BY HIM IN CONNECTION WITH THE ALLAPATTAHJWYNWOOD ECONOMIC DEVELOPMENT CENTER PROJECT. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 19. DEPARTMENT OF COMPUTERS EXPENDITURES: Authorize funding for expenditures for the month of February and the remainder of FY 189. ------------------------------------------------------------------------------ Mayor Suarez: Item 3, expenditure one month for the computers, Department of Computers. Mr. Plummer: Move it. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Second. Mayor Suarez: Any problem with item three, Department of Computers? Any _ problem with item three and Department of Computers, a month's funding? Call the roll. AT THIS POINT, THE CLERK BEGINS THE ROLL CALL. — Mr. Dawkins: What are.... Ms. Hirai: Item three. s_ ■ Mayor Suarez: Department of Computers, a month's funding. ■ i, Mr. Dawkins: I thought we said the last time, that you were going to give: it all to them. Why are we going through.... Mayor Suarez: Because we... 1� Mr. Odio: I think what happened and, you're right, but the way the resolution x was passed it didn't say that so we had to bring it back but if you want-, to pass a resolution now to cover the year, but I wanted to be safe, ; Commissioner." Mr. Dawkins: I thought at the last meeting they said give it, all to them,:-'' and... Mr. Odio: Yes, but it was not clearly said that in the resolution. xsyf. Mr. Dawkins: Well, right now, give it... from now on, give them all -their money and forget about it. JAAW OF , - Mr. Plummer: Bull. Mayor Suarez: Why don't we change the motion then to fund the department for the rest of the year? Mr. Plummer: Bull, bull. Mayor Suarez: I'll entertain a motion to fund it for a month or the rest of the year. Mr. Plummer: Do I get the 39? Mayor Suarez: Or 31 days or 32 days. Mr. Plummer: I second the motion to give them a year's funding, the rest of the year. Mayor Suarez: Complete the rest of - right. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-95 A RESOLUTION AUTHORIZING THE EXPENDITURE OF $468,617 FOR THE MONTH OF FEBRUARY 1989 BY THE DEPARTMENT OF COMPUTERS FROM THE CURRENT YEAR'S APPROPRIATION FOR SAID DEPARTMENT IN ACCORDANCE WITH THE POLICY OF THE CITY COMMISSION; FURTHER AUTHORIZING NORMAL EXPENDITURES BY SAID DEPARTMENT DURING THE REMAINDER OF THE FISCAL YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy - Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: Hey, Cesar, that was three of them. 20. INTERLOCAL AGREEMENT WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU. --- ---- ----------------------------------------------------------- ----- - �rl Mayor Suarez: Is the interlocal agreement something that the Commission is ready to vote on? I see the attorney for that authority here. We... Mr. Plummer: We also have, Mr. Mayor, a request to reconsider item 4 of PZ-4. Mr. Odio: What is that? Oh, wait a minute. Mayor Suarez: Which was what? ua Mr. Plummer: The property across the street from the proposed Camillus House, 5th Street to 7th Street, Third Avenue to 4th Avenue. 2 Mayor Suarez: Who's requesting to reconsider that?, � Mr. Plummer: 1 am. Mayor Suarez: Oh, do you have the counselor wasn't here at the time. Mr. Plummer: Correct. Mayor Suarez: OK, well let's see, do you want to handle this interlocal agreement? I would like - I've told Commissioner Miller Dawkins who is our representative on the executive board of that agency that I'll basically go on his recommendation. I know he's not pleased with many of the functionings of that agency but basically we participate, get 20 percent of the funding for our own purposes and then return back $100,000 to them and, I guess, we give them another year. Is that... Mr. Plummer: Well, Mr. Mayor, let's also put on the record that hundred thousand dollars we give them is for the printing of the brochure of our convention center which, this year, is $115,000 so we're getting back more than our money's worth. Mayor Suarez: Great. Mr. Dawkins: That still doesn't alter the fact that they do not have any blacks or Latins in the top echelon up there where Kirkland is. That still does not alter the fact that we do not have an audit of Kirkland's expenditures. That still does not alter the fact that most of the black conventions that were recruited - conventioneers recruited to Miami was done by the City of Miami and not by Kirkland. They have a lot - they leave a lot to be desired, Mr. Mayor, but I have no problems with if the Commission desires serving another year with them, to see if they plan to clean up their act of what they could do. Mayor Suarez: I would hope, Mr. Manager... Mr. Plummer: I thought this was a three year. Mayor Suarez: ... that you would report back to us on exactly what we're able to get. First of what we're able to get in a mandatory way. What we're entitled to get, by way of an audit of their finances, not just the hundred thousand we give them, I mean the entire agency's finances. And then, if they say that they will only give it as to that, but as to the private portion, they will not give us an audit, then you figure out a way to negotiate with them our being able to at least view that. For myself, I'd like to see those figures. Mr. Odio: Well, I... Mayor Suarez: Actually, I have seen some of the figures but I think the rest y of the Commission might want to, in an in camera way or some other way, look at how they spend the private monies because that, at least, enables us to say what percentage of that agency that people see as an agency is funded from the public sector and what percentage from the private sector. They keep saying it's 60 to 40 and I know from the figures that I seen that on a cash basis, it's not 60-40, counselor. It's more like 80-20; eighty public and 20 private. Now, they also say we have in kind this and in kind that. If you take all the in kind services the five of us give to the City up here and all the other overtime work that a lot of people put that don't get paid for, including community activists like yourself, the City might have a budget three or four times the amount that it currently has. We're talking about cash and that agency, at the very least, ought to tell us what its cash intake is and, in a general way, how they spend it. If they then want to spend some of the private monies they get and spend a lot of money on hotel rooms and all of that, well, I don't know how their members to give them the money on that basis but that's kind of up to them, I suppose. I see it as an agency, not as l a private agency, I see it as a public agency with essentially public funds and I think Commissioner Dawkins has conveyed that message to them before. Sometimes it just doesn't seem like it quite gets there. „af= Al Cardenas, Esq.: Yes...; Mr. Odio: No, we, both Commissioner Dawkins and I have sat in their board F#°. z meetings and we - I guess in the next meeting, we will pass that on that `we,w need to see their funding on the private sector side but tha have iv "f g en us i.A d:. 1 r 145 January, fib; i9��f that contract, I believe, that I'm sure that we can audit all of the public funds, not only the City part. Mr. Cardenas: Yes, let me... Mayor Suarez: Well, but again, because it is an agency that is viewed as quasi public, at least, it's important... Mr. Odio: Right. Mayor Suarez: ... for us to know how much their private funds are cash. Mr. Odio: Yes. Mayor Suarez: Then they can throw all the in kind estimates they want, you know. We've seen in kind estimates being used a lot but that really distorts the picture. And the Miami Herald accepts their figures which is really silly. I strongly suggest that the Herald look at their cash intake from private and public, not what they claim is in kind. Mr. Cardenas: Mayor... Mayor Suarez: At your own risk. Mr. Cardenas: That's right, for - OK - don't have to say anything. Mayor Suarez: Did we have a motion on that? Mr. Plummer: Mr. Mayor, I'll make the motion to approve and it's my understanding that this which is before us is for three years but it does have an out.... Mr. Dawkins: No, no, no way. Mayor Suarez: Oh, oh, oh... Mr. Odio: That contract is for three years with an option of.... Mr. Plummer: It's an out of 120 days. Mayor Suarez: I'm sorry, I'm only willing to vote for the.... Mr. Dawkins: One year. Mayor Suarez: ... the end of the current fiscal year. _ Mr. Dawkins: One fiscal year. Mr. Odio: OK, well then you have to change it because it is a three year contract as presented by Lucia. Mayor Suarez: I'm glad you clarified it. I'm only willing to vote on.a year per year basis. ' Mr. Odio: With an out option out but... Mr. Cardenas: Mayor, if... Mr. Plummer: You have the out at any time of 120 days. ' Mr. Cardenas: Yes, if... Mayor Suarez: No, no, no, I want to vote every year, it's at least the only' time of the year that we get to hold them accountable. F Mr. Dawkins: That's right. r , k Mr. Cardenas: Mayor, if I may, for the record, my name is }ray Al Cardenas with � offices at 1221 Brickell Avenue and I'm here representing the Greater Miami f4 Conventions and Visitors Bureau and the bureau - what you have before you io -, an interlocal agreement that has already been signed by yY: the bureau, the { county, the City of Miami Beach. The only signator that has not yet signed this is the City. x� j 146 Janl4ary. 2 # l Mayor Suarez: Counselor, if the other jurisdictions want to abdicate their responsibility for oversight, that's up to them. I'm only concerned, as for myself, as to the City. Mr. Cardenas: All right. The point I wanted to bring to your attention is to highlight what the Manager said and that is that we're way past the time that the documents should have been signed by everyone. It's not just the City but other municipalities as well. Well, we're well into the year, the contract year, the document that assume you don't sign it, if there's any changes to be made, it has to start all over again with everyone and number two.... Mayor Suarez: I suspect that they will sign... Mr. De Yurre: Al... Mayor Suarez: ... as to one year because it would be valid as to one year for all the jurisdictions that have signed on, Al. That would not affect the validity for the rest of the year. Mr. Cardenas: Well, the important thing is, what the Manager told you. That is that you have an automatic right to drop out of the contract at any time. Mr. De Yurre: Al, Al read the message. One year, that's it. That's it. Mayor Suarez: OK, I'll entertain a motion with that modification. Mr. Plummer: I so move. Mr. Dawkins: Second. Mayor Suarez: Call the roll. Mr. Jorge Fernandez: So, excuse me, Mr. Mayor, to be very clear. Mayor Suarez: To the end of the current fiscal year. Mr. Fernandez: This is a resolution authorizing the City Manager to enter into the contract for one year. Period. Mayor Suarez: Exactly, exactly. Mr. Plummer: No, not period, even the one year holds a hundred and twenty day out clause. Mr. Odio: No, we can get out. Mayor Suarez: Oh, that's good. I didn't think of that. Call the roll. Mr. Plummer: Yes. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-96 A RESOLUTION AUTHORIZING THE CITY MANAGER, ON BEHALF a OF THE CITY OF MIAMI AS A PARTICIPATING PUBLIC AGENCY 4: TOGETHER WITH METROPOLITAN DADE COUNTY, THE CITY OFY MIAMI BEACH, AND THE VILLAGE OF BAL HARBOUR, TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT AND CONTRACT WITH GREATER MIAMI CONVENTION AND VISITORS 7 BUREAU, INC. UNDER WHICH SAID BUREAU IS TO CARRY OUT #jf` CONVENTION PROMOTIONS, BOOKING AND SALES ACTIVITIES ON Fnr BEHALF OF THE PARTICIPATING PUBLIC AGENCIES, THE TERM' ,r ' OF SAID AGREEMENT AND CONTRACT TO BE FOR A ONE-YEAR PERIOD; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT T4 gar .x EXCEED $100,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omitted here and on 'r file in the Office of the City Clerk.) 4.; . 147 Je�ayf1,' a - Win :. t jS:s is 6t Upon being seconded by Cowhissioner Dawkins, the resolution, was Ve+sssd end adopted by the following vote: AY991 Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Cardenas: OK, thank you. NOTE FOR THE RECORD: At this point, the City Commission temporarily defers consideration of regular agenda itemsto reconsider an item on the Planning and Zoning agenda. -- ----------------------------------------- ----- -- 21. A - Reconsider previous vote to deny First Reading Ordinance requesting change of land use designation in area bounded by I-95 and N.W. 4th Ave. between N.W. 5th St. and N.W. 7th St. B - Continue proposed First Reading Ordinance (request for an amendment to change land use designation of area bounded by I-95 and N.W. 4th Ave. between N.W. Sth St. and N.W. 7th St. from moderate high density residential to commercial residential to February 9, 1989. (See label 9). Mr. Plummer: I move to reconsider. Mayor Suarez: Moved. I'm sorry, PZ-4, right? Mr. Jorge Fernandez: PZ-4. t 3 Mr. Plummer: PZ-4. Mayor Suarez: PZ-4, move to reconsider, Commissioner Plummer.'.-- Do we have a second? Second PZ-4. Mr. Dawkins: Yes, second. 1 Mayor Suarez: Call the roll on the motion to reconsider. � The following< zr motion was introduced by Commissioner Plummer, who' sioded its adoptions 3. 3 • Fi � MOTION NO. 89-97 A -MOTION TO RECONSIDER PREVIOUS VOTE ON AGENDA ITEM PZ-4 WHICH HAD DENIED A PROPOSED FIRST READING { ,z ORDINANCE REQUESTING CHANGE OF THE LAND USE DESIGNATION ON AREA BOUNDED BY I-95 AND N.W. 4TH #i? AVENUE BETWEEN N.W. 5TH STREET AND 7TH STREET. (Note: This item was immediately thereafter continued for further information to the February 9, 1989 s �v. meeting. See M-89-98.) Upon being seconded by Commissioner Dawkins, the motion was pagiae�IR► ' adoptad by the -following Vote: ngl I t AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Y'urre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mr. Plummer: I now move PZ-4 to be deferred for continued information. Mr. Dawkins: Second. Mr. Plummer: And for the record, the attorney was not present and did not have the opportunity to make his presentation. This will allow him to do such at the next meeting. Mr. Fernandez: It should be continued rather than deferred.. Mr. Plummer: Continued for further information, I thought that's what I said. Mr. Terry Percy: Thank you. Mr. Fernandez: When would you want it continued to, Commissioner Plummer? Mr. Plummer: February the 9th. Mr. Fernandez: Thank you. Mayor Suarez: Yes. Ms. Hirai: Call the roll? Mr. Plummer: The motion is to continue till February the 9th for further information. Mayor Suarez: I'm sorry, I thought you were calling the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: _ MOTION NO. 89-98 A MOTION CONTINUING AGENDA ITEM PZ-4 TO THE MEETING OF FEBRUARY 9TH, FOR FURTHER INFORMATION, A PROPOSED FIRST READING ORDINANCE REQUESTING AMENDMENT TO THE ti MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF AREA BOUNDED BY I-95 AND N.W. 4TH AVENUE ,BETWEEN N.W. 5TH STREET AND 7TH STREET FROM MODERATE HIGH DENSITY RESIDENTIAL TO COMMERCIAL/RESIDENTIAL. :a Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr.'. Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre sr7 .ABSENT: Commissioner Rosario Kennedy NOTE FOR THE RECORD: AT this point, the City Commiseioafx� temporarily defers consideration of Planning and Zoning resume consideration of the regular agenda. y - T f 4 { t r t = i v j .------ —---- —1r.r------------------------------------------r------ --- 22. AUTHORIZE AGREEMENT WITH CRUZ DEVELOPMENT AND ASSOCIATES, LTD. - for the development of Block 24 in the Southeast Overtown/Park West Community Redevelopment Area to comply with modifications required by HUD. ----------------------------------------------------------------------------- Mayor Suarez: Item 4. Cruz Development and Associates agreement. We had them make a modification to comply with HUD requirements, Herb, is that the basic? Mr. Jorge Fernandez: Yes. Mr. Herb Bailey: Commissioner, what you have in front of you is an amendment to the lease agreement as required by HUD to do the final closing. The amendment simply states that in the event of a default, if there are any unpaid rents or lease payments, that HUD will only pay from the time at which they take over the property. However, they did include a provision if there are any surplus funds that we can collect it from those funds which is an improvement on our existing lease because our existing lease did not make that provision. Mr. Plummer: Who controls the surplus funds? Mr. Bailey: The, the... Mr. Plummer: In the case of a default, usually there are no surplus funds. Is this City going to have any control over the surplus funds of how they can be spent? Mr. Bailey: Surplus funds, yes, absolutely. In fact, if there are any payments to be made or any left over cash if there's a default, we get that. We can get our unpaid rent out of the surplus funds, yes. That correction is one that's required in order for them to do the final closing. Mr. Plummer: Mr. Manager, do you recommend it? Mr. Odio: Yes, sir. Mr. Plummer: I move item four. Mayor Suarez: So moved. Seconded. Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: Before we sign any agreement with the developer - I mean with Mr. Cruz, Mr. Cruz has to come in and let us know what his track record is with minority hiring. Mr. Odio: Yes, sir. Mr. Dawkins: Not him, I mean who ever his contractor is because if he uses Chase, I'm a little dissatisfied with what Chase has now and Chase is his developer. So I would hope that - and if Mr. Bailey you can convey to him that if he wants to get that to me prior to then, I have no problems with it. Mr. Bailey: We'll do that, Commissioner. ) L ;a Mr. Dawkins: All right, now do we need to do anything else? Mr. Bailey: Yes, we have a companion item that we would lilce to have considered as a pocket item. y Mr. Dawkins: I'll move as an emergency. t 4 f k, Mr. Fernandez: You need to finish your vote on the first motion.x�R„ UNIDENTIFIED SPEAKER: Yes. r �` } Mr. Dawkins: OK, go right... Mc. Plummer: Wait a minute. For clarification, I guess maybe I'm jumping to _ conclusions, in this terminology which I've been handed, it says, upon - executing a new lease, the mortgages or a Commissioner.... Mr. Bailey: Well, that doesn't mean this Commission. That's a trustee. Mr. Plummer: For the record, what is it? Mr. Bailey: For the record, I'il let his attorney explain it. Brian Bell, Esq.: Hi, my name's Brian Bells. Mr, Plummer: It is not Commissioner elected in the City of Miami? Mr. Fernandez: No, it's federal housing... Mr. Bell: No, sir, it's the Commissioner of the Housing and Urban... Mr. Plummer: It doesn't state that so I'm just clarifying the record. Mr. Bell: Yes, air. Mr. Plummer: Thank you. Mr. Dawkins: Finish the roll call. Ms. Hirai: I will begin the roll call on. the fist motion because we didn't... Roll call, Mr. Plummer. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-99 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED, TO THE LEASE AND DEVELOPMENT AGREEMENT WITH CRUZ DEVELOPMENT AND ASSOCIATED, LTD. ("DEVELOPER") FOR THE DEVELOPMENT OF BLOCK 24, ("PROJECT") IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, TO COMPLY WITH MODIFICATIONS REQUIRED BY THE U.S. —' DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN ORDER TO SECURE THE FINANCING OF THE PROJECT. (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 J. L. Plummer, Jr. : Commissioner Miller Dawkins Vice Mayor Victor De Yurre y' �i Mayor Xavier L. Suarez a s r — NOES: None. ' ABSENT: Commissioner Rosario Kennedy �f# t v r y 1 t 1 � i1"j• 7 l•�.d i ? r tl k 5 h, IP -- EWE _ `mom IPro�r— Im — - — - n. Y rarr—�arai... r.-46t—iGii—���1ri—irU..ir 33, BISCA'YNE VIEW APARTMENTS: Approve in principle amendments to Biscayne View Apartments Major Use Permit. :..-r.:r�rrw..ri. �irrcawrr.r.. ..��,----------- r���:.�----------r---------r�.tiraiiir�'.ar. Mr. Dawkins: What is the emergency I got to bring up? Mr. Herb Bailey: The other item is a correction of, I guess, it's a planning item - it's a correction to be made for the major use permit that we've worked out with the planning department because of some oversight and clerical errors on our part and we need to have this approved in principle so that we can come back on the February the 9th and make the necessary approvals for the major use permit. Mayor Suarez: There's a modification for the major use special permit that we have to do at that point. In the meantime, we're just adopting the wording so that they can use this for their HUD application. Mr. Fernandez: Correct. Mr. Bailey: Yes, that's correct. Mr. Dawkins: So move. Mayor Suarez: Moved. Mr. Plummer: Second for discussion. What does this do if anything, to the DO? Mr. Bailey: Not a thing. Mr. Fernandez: Nothing. - Mr. Plummer: OK. Now speaking of the development order for... Mayor Suarez: DRI. - Mr. Plummer: ... the Overtown/Park West. Mr. Fernandez: There's nothing to it. Mayor Suarez: The development of regional impact. Mr. Guillermo Olmedillo: To the blanket DRI, it.doesn't.do.anything ,to. it::'` Mayor Suarez: Call the roll. Mr. Plummer: OK. W y' N, . _ K y w u �.y t ' Yt9 r rM E Ott k IT r ;1 i l is �'x ; 1 '^,,,:1�„�y`+• w — s�`�'�t . c�L � S`4hiTr✓f�' i7 Sts s y �_ The following resolution was introduced by Commissioner Dawkins, aho moved its adoption: RESOLUTION NO. 89-100 A RESOLUTION APPROVING IN PRINCIPLE, AMENDMENTS TO THE BISCAYNE VIEW APARTMENT PROJECT MAJOR USE SPECIAL PERMIT ISSUED PURSUANT TO RESOLUTION NO. 88-390, ADOPTED APRIL 28, 1988, TO REFLECT THE INCLUSION OF APPROXIMATELY 18,000 SQUARE FEET OF COMMERCIAL SPACE, APPROXIMATELY 452 PARKING SPACES, APPROXIMATELY 721,000 GROSS SQUARE FEET OF FLOOR AREA, APPROXIMATELY 529,000 GROSS SQUARE FEET OF RESIDENTIAL AREA AND APPROXIMATELY 175,000 GROSS SQUARE FEET OF GARAGE AREA; REFERENCING THE PLANS ON FILE; APPROVING, IN PRINCIPLE, FINDINGS THAT THERE WERE CERTAIN ERRORS IN RESOLUTION NO. 88-390 AND THAT THE ABOVE CHANGES MEET THE SAME REQUIREMENTS AS FOR THE ORIGINAL APPROVAL; AND FURTHER, DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO THE AFFECTED AGENCIES AND THE DEVELOPER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy COMMENTS MADE DURING ROLL CALL: Mr. Plummer: In principle, yes. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Bell: Thank you very much. 24. APPOINTMENT TO OFF-STREET PARKING BOARD: Appointed was Leslie Pantin, Sr. Mayor Suarez: Item 5. We have the submission of the nominations for reappointment of the Off -Street Parking Board and I think we ought to have a full Commission, to put it mildly. OK.... Mr. Plummer: Who are the names of? Mr. Jorge Fernandez: Doctor... Mayor Suarez: ... on five and six. They're reappointing - renominating the } same two. �r Mr. Plummer: Who are the names that were recommended by the Authority? �- jtA Mr. Fernandez: Dr. Padron and Mr. Pantin. t Mayor Suarez: They're reappointing their two. Mr. Odio: Well, actually, on item five, on item five you have Mr. Pantin, no? And on item six you have Padron. You had two items. Syr i 153 _ 8 b r� L Mayor Suarez: OK, well, if we're... I didn't - you know, I was holding it because I thought it might be something that some Commissioners would take A strong objection to. If the Commissioners want to vote on favorably, item... Mr. Plummer: I'll move item five with the name of Leslie Pantin, Sr. Mayor Suarez: So moved. Mr. De Yurre: Is there any way we can do this... Mayor Suarez: I'll second. Mr. Plummer: Put some money in the meter. Mayor Suarez: I second. Mr. De Yurre: Mr. City Attorney. Mr. Fernandez: Yes, sir. Mr. De Yurre: Under discussion. This is for what, a five year period? Mr. Fernandez: Yes, air. Mr. De Yurre: And there's no way that can be done to lessen the amount at this point in time? Mr. Fernandez: No, sir. Mr. De Yurre: So it's five or bust? Mr. Fernandez: Yes, sir. Mr. De Yurre: OK, we have any further discussion? OK, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-101 A RESOLUTION CONFIRMING THE APPOINTMENT OF LESLIE PANTIN, SR. TO THE OFF-STREET PARKING BOARD OF THE - CITY OF MIAMI FOR A FIVE YEAR TERM EXPIRING DECEMBER 2, 1993. _ (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) — Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre . Mayor Xavier L. Suarez NOES: None. — a ABSENT: Commissioner Rosario Kennedy <' s 47 s S - d � ` t • 5 yy Y.al".rrrri �wrrr' ---------------------- — — — — ►-4& r----.--ii-1iri..rr..Lrirr.i.L�.rrr+rr� will ir.GLri:i 25. APPOINT TO OFF-STREET PARKING BOARD: Appointed was Eduardo Padron. ��----------------------- ----------- ---------------------------------- Mayor Suarez: Item 7. Entertain a motion. Mr. Plummer: Item 6. Mr. Jorge Fernandez: Six, six. Mayor Suarez: Six, I'll entertain a motion on Dr. Padron. Mr. Plummer: I'll add the name of Edward Padron. Eduardo Padron. Mayor Suarez: So moved. Mr. De Yurre: I'll second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-102 A RESOLUTION CONFIRMING THE APPOINTMENT OF DR. EDUARDO PADRON TO THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI FOR A FIVE YEAR TERM EXPIRING DECEMBER 2, 1993. (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 J. L. Plummer, Jr. Commissioner Miller Dawkins - Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. - ABSENT: Commissioner Rosario Kennedy G 26. A. APPOINTMENT TO MIAMI RIVER COORDINATING COMMITTEE: Appointed was —_ Huber Parsons. B. Request to increase membership of the Miami River Coordinating Committee. ------------------------------------------------------------------------------ 7 iMayor Suarez: Item 7. Mr. Plummer: I'll renominate Mr. Huber Parsons. r Mayor Suarez: So moved. d Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? " Call the is✓av kA �y3 �: - ''T7C f�� a H — �j'� x i t— lour r+ r F 17. The following resolution was introduced by Commissioner Plummerl V'�ho moved its adoption: RESOLUTION NO. 99-103 A RESOLUTION APPOINTING AN INDIVIDUAL TO THE MIAMI RIVER COORDINATING COMMITTEE TO SERVE A SPECIFIED TERM OF OFFICE. (Here follows body of resolution, omitted here and on — file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mayor Suarez: Now, Mr. Babun, Jr. has applied to - but he's looking for another seat, is he not or is he...? Mr. Plummer: He had requested. He is correct. He was looking for any seat. Mayor Suarez: Any seat? Mr. Plummer: Yes, sir. At this point, then there is no seat available. Mayor Suarez: OK, is everybody aware that Tiofid Babun, Jr. has applied? We voted on this already but we could always use new blood. Huber can be active in many capacities in the City and, indeed, will be active. Mr. Plummer: But had asked, specifically he requested to be put back here. Mayor Suarez: Did he? OK. We've done eight. Mr. Dawkins: I would like to say anything else we have, Mr. Babun should be considered. Mayor Suarez: I hope so. Mr. Plummer: Agreed. Mayor Suarez: The next time it comes up, would somebody flag it, .please? Mr. Plummer: Well, wait a minute, wait a minute, wait a minute. How many Y members of the Riverfront Advisory Board? Mayor Suarez: Miami River Coordinating Committee? 0 Mr. Plummer: Seven? Y INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Eleven. tlt't, - INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I would move at this time that the Riverfront Advisory Board':;pe = ,, — increased to 12 members. Mr. Dawkins: Second. u,3 Mayor Suarez: Is it a creature of state law or City? Mr. Fernandez: We cannot do that ourselves. 46 1 ?(?0st l � ( R Mr. Plummer: Why? Mr. Fernandez: it's not out boardd appointment$ to... Mayor Suarez: It's our board? Huh? It's a joint board where we have a6e6 Mr. Odio: The Waterfront Board? It's a creation of the City Commission. Mr. Plummer: Not the Waterfront, River Advisory. Mayor Suarez: No, the Miami River Coordinating Committee, I think. Mr. Odio: Oh, no, the river is a - I'm sorry, the river has to be, it's. state, county and city. Mr. Plummer: We can't increase the size. Mr. Odio: No, sir. Mayor Suarez: Well, we can resolve that the size be increased if the other bodies take the same action. Mr. Plummer: That would be the appropriate thing. Mayor Suarez: If, you know, more people want to participate. We could make that recommendation, certainly. Mr. Fernandez: Yes, you can make the recommendation but you cannot do it yourself. Mayor Suarez: Do you want to do that and we send it up then... Mr. Plummer: I so move. Mr. Dawkins: Second. Mr. Fernandez: All right. Mayor Suarez: Second, call the roll. We have a lot of people that want -to participate and seven doesn't seem like the... The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-104 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING THE COMMISSION'S DESIRE THAT THE MEMBERSHIP OF THE MIAMI RIVER COORDINATING COMMITTEE BE ENLARGED SO THAT THE NUMBER OF CITY OF MIAMI APPOINTEES TO SAID COMMITTEE MAY BE INCREASED; FURTHER URGING THE BOARD OF COMMISSIONERS OF METROPOLITAN DADE COUNTY TO AGREE TO THIS REQUEST AND URGING THAT THE GOVERNOR OF THE _ STATE OF FLORIDA SUPPORT THE SAME. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) tt{ 3 g Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT; Commissioner Rosario Kennedy r 471 :A t - 27. OVERTOWN ADVISORY BOARD: Discussion of Overtown Shopping Center's opening and improvements to the undeveloped portion of Overtown. ------------------------------------------------------------------------------ Mayor Suarez: Are we on 10? We've done 8 and 9, have we not? Mr. Bill Perry: No, you haven't done nine. Mayor Suarez: Item nine, Bill Perry. Mr. Perry: Thank you. Bill Perry, address 850 N.W. 7th Street Road, Overtown, Florida. Just an observation before I make any comments, Commissioner Dawkins, I take my hat off to you. I've watched you on this Commission over a period of time and I feel for the single African American that serves on this body because being in your position I know that people tend not to hear you. But you've acquired a knack for making people hear you and I'm quite proud of what you're doing and how you're beginning to... how you get the attention of your fellow Commissioners. It's somewhat a shame that sometime you have to be that forceful to get the attention, but as so happens in this country all too often, our people are not heard. And I'm reminded of Ralph Ellison's book, The Invisible Man, when he makes reference to our people. Another comment, I've been here since 8:00 o'clock this morning. I'm kind of exhausted like you guys, but you're going to have to bear with me. I'm here representing Overtown Advisory Board and I'm sure that everybody in this community knows a little something about Overtown by now. We don't have the resources to hire high priced attorneys as I witnessed this morning come in and manipulate you and cajole you and represent their clients and get the benefits of this community and this Commission for their clients. Consequently, we, the residents of Overtown, have to, you know, come here and sit all day and get our licks in, in turn. But nevertheless, I'd just like to talk about Overtown for a moment because I don't think the vast majority of the people in this community know somewhat of the history of Overtown and what it represents and what it means to our people or some of our people. It's my understanding that in 1950 the census data indicated that the population of Overtown was little over 24,000 people, approaching 25,000 people. And 99 percent of them were African American. That constituted 9.9 percent of the population of this City. Since this data taken in 1980, the most recent indicates that that population has declined to about 10,000 people; less than 2 percent of the population of this City. Now this is 1990 and 1989 and we're about to take another census. I would daresay that the population now has declined to roughly about 7,000 people. I submit to you that that has been by design. I understand in the 60's that we allowed the expressways to come through and completely disseminate - decimate - that community. Mayor Suarez: Dr. Perry, what was the current population, I'm sorry, I missed? Mr. Perry: I don't know it, I'm just estimating now, it's about... Mayor Suarez: What was your estimate? Mr. Perry: About 7,000, if that much. And out of that 7,000, in 1980 there were 198 owner occupied units in that community. It gives you an indication of what's happened to it. But let me just say that prior to all of this taking place, Overtown was the social and economic hub of the African American -_ community for south Florida and you might say, for the nation. Because in . those days, we still had segregation, I should say, overt - still have a tante — of it now. But in those days when we had entertainers come to Miami Beach, — such as Ella Fitzgerald and Billie Holiday and Sam Cooke and Duke Ellington and Count Basie. They could not live in the hotels on Miami Beach. Consequently, we had in Overtown the Mary Elizabeth Hotel, the Sir John Hotel and they'd entertain on Miami Beach then travel the causeway to come back to Overtown to spend the night, to eat. And while they were there, they z entertained in Overtown, the Rockland Palace, the Harlem Square and many of you that are familiar with Sam Cooke, one of Sam Cooke's last records before he died, albums was done live in the club Harlem Square. Now, you see Harlem Square on the jacket but you don't realize that that's a club that was here in Miami at the time when Sam Cooke was alive. It's also my _ understanding there was a bottling company in Overtown at that time called v �i a l f 3 } 158 January 22 1 Cola Nip. People even - the Anglo community frequented Overtown to go to the night clubs and entertainment that took place in Overtown. You'd never know it today to look at that community and I say it's by design that that has bpo" allowed to happen. I share that with you because those of you that travel over Overtown now by way of 95, never know what happened in that community prior to its destruction and neglect and the drug traffic that has allowed to permeate in that community. I know Chief Anderson and his fellow with the jump out boys take great delight in sting operations that I claim are PR jobs in that community, arresting people. That's not the problem. See, the drugs, you know, the fellows that live in Overtown don't have the airplanes and don't have the ships that bring the drugs into Overtown. Now, I'm not condoning drug traffic but I'm saying that all of the publicity around the arresting of people in Overtown, is just a farce. That the people that need to be arrested are not getting arrested. But let me move on. My point is that the elected officials in this community and not accusing you, Mayor, and Mr. Dawkins and Mr. De Yurre and Sister Kennedy. Mr. Plummer has been around over the years and knows more about Overtown that I do but the elected officials in this community have allowed that community to deteriorate through neglect. And I say that it's time that elected officials in this community make Overtown a priority. I sit here and I listen to all of the stuff this morning about the variances and what other communities want and what people are demanding, I think Overtown is overdue. You've put in place a panel and there's a lot of stuff going on around that panel. They're scared, number one because the community's coming at them but I think they got to weather the storm and have your support. There are all kinds of meetings going on in this community. Jack Gordon, Senator Jack Gordon had a meeting in St. John's Church today I think at 2:00 o'clock. And that's Jack Gordon's district and to my knowledge, that's the first time he's been in it other than the breakfast he has at the Howard Johnson's before every trip to Tallahassee where he invites certain folk there to talk about the African American community. But I'm glad he came today. We got Ray Fauntroy sponsoring a meeting tomorrow and he's bringing Congressman Fauntroy and John Conyers in here to talk about Overtown. MMAP is planning a meeting one day next week talking about a rally for Overtown in the Caleb Center. So all kinds of people are meeting and talking about Overtown but I submit to you, that Overtown just did not occur. It's been there. One thing I agree with Al Sharpton about when he came to this community and a lot of people condemned, and I didn't that he pointed the finger at us. He said, what you all bee doing all this time? It's our fault that Overtown is allowed to become what it is, but just let me say to you that I believe that there are one or two things that can be done right now. We have a shopping center that's been allowed to sit there, brand new, taxpayers' money, I think it was completed in - what year, 1983, 184 - and it just sits there. There are some business people in this community that have a proposal to revive that place, to put a supermarket there. But as things move through government, your staff has been holding it up. The people that want to move in that shopping center want to change the appearance of it. They don't want it to look like a fortress in that community. They want windows in the walls just as other supermarkets have but I understand that the... Mayor Suarez: Public Works. Mr. Perry: Public works is dragging it's feet. Now I know you all can scream and say, get the job done. See, one thing I learned about disturbances when I heard the Mayor and the Manager and the Police Chief dialoguing about who's in charge and I found out it wasn't the Mayor, I was shocked that it wasn't the Mayor, the Manager's in charge. I have nothing against the Manager but I'll be damned if I voted for the Manager, I voted for you, Mr. Mayor and I expect you to be in charge, I expect the Commissioners to be in charge which indicates to me we need to change the structure of City government. Any time the Mayor and elected officials that we vote for cannot tell staff what to do, — I got a problem. See, I can't go to the Manager and make demands on him because I can't vote him out of office. But certainly, if you all are not responsive, I'll try my damnedest to vote you out of office or try to get some people to help me in that process. But nevertheless, what I'm asking you to do is to work with Howard Gary and get behind your Public Works Department and atop them from dragging their feet. This thing has been going on since this summer. If we can get that shopping center revived and get it going, it's never been going, if we can get something happening in there, then... — Mayor Suarez: Well, there was a false start, let's admit it, because the situation you paint is actually a little less bleak than reality because it — was started and it failed and so it... _ fr F 159 January 26, 1999' Mr, Perrys well, let's start it again. Mayor Suarez: Right. Mr. Perry: You know, everybody, you know, backs up and starts again: but I think that based upon the incident that happened a few days ago, you have a moral obligation to demonstrate some concern in that community. You... Mayor Suarez: Let me ask a question of the Manager and more than a question because at least one thing we can tell the Manager is at this level, we can direct him to do certain things. Mr. Manager, how about a weekly report and I would ask the Commission to - I'll entertain a motion to this effect on the Overtown Shopping Center opening, this is the only way I can think of of staying on top of our various departments, specifically the Public Works Department, to approve in quick order, short order, whatever is needed, to get that shopping center opened. It would have been extremely helpful if we'd had the shopping center open. It would have been extremely helpful prior to the problems of last week if we'd had that ministation in place, so could you get us a weekly report on that till we get it done, please. That'll keep them apprised of our interest in getting it done. Mr. Perry: Thank you, Mr. Mayor. And the other thing I want to mention, when I talk about Overtown - see, you got the Downtown Development Authority, that's interested in downtown, you got Off Street Parking, they do a few things, you know, for the community occasionally. But I think - and the Miami Heat - oh, my God, don't let me talk about the Miami Heat. The Miami Heat in that Arena has moved into our front yard and to date, I don't see a commitment from either one of them to put anything in that community. It's very difficult. If I lived in one of those residences adjacent to that Arena and I saw people transporting back and forth through my neighborhood and based upon the kind of conditions I lived in, I think, I really think I'd throw a rock at it every once in a while myself. I would be so frustrated seeing that monstrosity and all the money that, you know, you used the residents of Overtown to build it. The in which you get money, federal money that comes into this community to build Bayside, to build the Knight Center, to build the Sports Arena, you used the people of Overtown to do that. They were the people that were defined as the folk of poverty in order to get that kind of the money to do this kind of thing. So what I'm just trying to impress upon you is the importance of bringing something back to that community. Now, I have hope, really I have hope, I think that if you work with the panel you can get something done and I encourage you to lean on the Miami Heat. You got a Sports Authority that should be able to do things. You've got a Downtown Development Authority that generates a lot of money in this community. They should be able to do some things in that community immediately. And I know the panel is going to work its process out, but I'll venture to say to you, if you guys would dig down deep, look within your - consciousness, you could order this man and his staff to have some visible things ongoing in that community by the beginning of next week. So I just encourage you to do that and I'm going to be back here. I'm not coming at 8:00 o'clock in the morning any more because I got a job I don't have attorneys that can represent me. But I've made it my point, my kind of resolution or whatever, is to be here at every Commission meeting and be on your agenda to speak about Overtown until something is done for Overtown. I thank you very much. - Mayor Suarez: Thank you, Bill. t J d { 3T4 r �t. t { MAN MUNICIPALITIES FAIR WORPORATION/FERIA DI LOS MUNICIP169t AllotAts - ara.a--------rr+:r-----rr ----------- r.iirs.Lrr.r,.i.ri�,v yli.YGa4ri.Ytiil�4i�t : Mayor Suarers item 10. Cuban Municipalities in Exile Pair Corporation.. Mr. Plummer: Move it. .n Mayor Suarez: Moved. - Mr. De Yurre: Second. Mayor Suarers Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-105 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $17,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE COSTS OF REQUIRED LICENSES AND CITY SERVICES IN CONNECTION WITH THE 7TH FERIA DE LOS MUNICIPIOS TO BE HELD ON THE GROUNDS OF THE FLAGLER DOG TRACK, 401 N.W. 38TH COURT, ON APRIL 6-9, 1989; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY APM-1-84, DATED JANUARY 26, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) t rUpon being seconded by Commissioner De Yurre, the resolution was passed S E` and adopted by the following vote:: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy ; Commissioner Miller Dawkins it Vice Mayor Victor De Yurre 4 Mayor Xavier L. Suarez �r N i t NOES s None.NA t , ABSENT: None. ft z s d A3 sf x z "o —1 M �*�' yt ' { ., t t' z '7•v y'z w tr„�r 'nrJS ` to �.. } , a y� °Lxt0 Y if�'•`, . - '�-'y t.r Wy ! Z r x h {345 tP t�ti 4.Z Sitfi`+frk�•�tA' t t 4 r 4 b Kz j ..... .. Imam 2.BAYFRONT PARK MANAGEMENT TRUST: Continue consideration of proposed appointments, pending submission of names for more black nominees. ------------------------------------------------------------------------------ Mayor Suarez: Bayfront Park Management Trust, item 12. Eleven is withdrawn. Appointments, are they present? I don't see them. Yes, I see the executive director. How are we doing on keeping cars off the park? Mr. Ira Katz: We are working closely with Mr. Schwartz to take care of them, sir. Mayor Suarez: Thank you, sir. Who do we have to appoint and who is up for appointment and how does it work here? Mr. Katz: With the Bayfront Park Trust Nomination Committee recommended four names at this... Mr. Dawkins: I move that this be deferred. I looked on that list, I don't see nobody that looks like me and I don't know why you guys keep doing this. Mr. Katz: Commissioner Dawkins I am only here representing the trust who voted us in. Mr. Dawkins: I'm only telling my colleagues up here what I'd like to do. Mayor Suarez: He's not arguing with you, he is just making a statement, actually a motion. Mrs. Kennedy: I second his motion. Make sure we do have somebody that Mr. Dawkins would feel comfortable with. Take it to the trust and then come back to this Commission once it's approved. Mr. Katz: No problem. Mayor Suarez: So moved and seconded that we continue pending more submissions of black nominees. Call the roll. Mr. Dawkins: Or Latins. Mayor Suarez: And Latins. Mr. Plummer: But Commissioner Dawkins says someone that looks like him, he means black, not that ugly. Mayor Suarez: Right. Please don't bring this back anybody who looks exactly like him. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 89-106 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED APPOINTMENTS TO THE BAYFRONT PARK MANAGEMENT TRUST PENDING MORE SUBMISSIONS OF BLACK NOMINEES. Upon being seconded by Commissioner Kennedy, the motion was passed and., adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. #; Commissioner Rosario Kennedy r Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre }a Mayor Xavier L. Suarez 3 NOES: None. q ABSENT: None. 162 4*wary' 26, 48A� '`YRRf 30. CODE ENFORCEMENT BOARD: Instruct City Manager to gather pertinent facts on code enforcement issue and report back to the Commission at the next scheduled meeting. Mayor Suarez: Item 13. I thought since we saw you before that the... Mr. Mariano Cruz: Oh no, that's a different thing. Mayor Suarez: You get two bites of the apple a day. Mr. Cruz: Well, you know,f I take a day off, it cost me to be here. Mayor Suarez: Code enforcement? Mr. Cruz: Right, might as well use the whole day. Mayor Suarez: The Postmaster General has been instructed not to pay you for today, you've harassed us too much. Mr. Cruz: For the record, my name is Mariano J. Cruz. I live at 1227 NW 26th Street in the neighborhood of Allapattah. All of you have seen the packet I leave in front of every Commissioner, Mayor and the City Manager. This is more or less... I could put more papers in it, I just put them all pertinent papers to the case. Let's call it the saga of the little businessman in Allapattah. A hardship case, and his problem was the bureaucracy of the City. No, that is happening there. This is a person. Mr. Rosada, I knew... Mayor Suarez: No wait, that is not what you are here for, is it? Mr. De Yurre: Excuse me a second. Mr. City Attorney. Mr. Fernandez: Yes. Mr. De Yurre: Is this Commission, can we hear these types of cases? Mr. Fernandez: No, you cannot. But then again, I don't really know what this gentlemen has in mind. The letter that he has in the package is on an issue regarding Code Enforcement Board fines. This Commission is without any authority to consider anything about Code Enforcement. Mayor Suarez: Well, did you mean that you wanted us to implement a whole new ordinance for fines, or where you here to discuss a particular case? Mr. Odio: No, let me explain. Mr. Cruz: No, I want to listen to what is going on out there. Like people, they are not here today, Mr. Rosada, he is not able to leave his job. He's the sole worker there. He can't close the gas station to come here, but there are many like him and they don't have the money. This is not a big business to pay Traurig or Al Cardenas to represent them and be here. Mr. De Yurre: Wait, but is this an existing case that's gone before the...? Mr. Cruz: No, no, the case has been resolved. He paid the fine, whatever it was, $1680, the last time, he paid the fine. But, that's the problem. This = is a man, he has never been here in front of the Commission. He's not looking, he hasn't been looking for any money for his business, he is not looking for any grant, he is just a hard working man, like many out there. They don't know how the system works, but when I went to see him, somebody told me that he was in this kind of a problem and the City has assessed him $16,350, he was very despondent. I said, after all this work, look at what it gets me, $16,350, but it became $16,800, because two days passed by, so $250 a_ _ day, and they say the fine is up to $250 a day, they give the up to, the maximum, that's what the board says. It can fine you up to $250 a day, and then I see him, he says, no, no, I am not going. I am going to pay anything, I am going to close shop here and they take whatever they want, because if I try to make an honest living, and I get penalized because I get to this$ the si n says garage, g y general mechanic up there, and now the City inspectaxo ;- F! 163 January 26, 1489r. v ;:_.asp -- after calling, which 1 couldn't communicate with him, because he spoke English and I spoke Spanish, the inspector went there and my command of English is not that good, but he is a hard worker, his English is no good but he pays his taxes and his license. Everything is documented there, and what happened, he gets problems. He got divorce problem, he got sickness problem, the whole thing together, so he let the papers elapse, he signed the papers, he didn't know what he was signing, then they say that they was hearing. He go. But then, when they told him what it was, he complied. When they told him at the gas station... Mayor Suarez: Is this the same one... excuse me. Mariano, is this the same one that we heard about before, or is this a whole different one? Mr. Cruz: No. Mayor Suarez: Another mess up? Mr. Fernandez: This is completely different, another one. Mayor Suarez: Is there any relief that we can possibly devise? Mr. Odio: Well, that is what he... this man, he got up to $15,000 in fines and we reduced it to $1,680. Mayor Suarez: From $15,000? Mr. Odio: From $15,000. Mr. Cruz: Well, if you look at the paper, he had to take a loan to pay that. It's documented there, everything... Mayor Suarez: OK, is that the best we can do? Mr. Odio: The problem is still, from what Mr. Cruz told us in private, is that it is a burden on this person to pay the $1,680, so... Mayor Suarez: What does he do for a living? Mr. Cruz: But, the problem is he owns the gas station. I did research. The inspector told me, you don't know anything about zoning. Well, I said, I don't know, I learn, I read, so, they got a gas station. Mayor Suarez: What does the gentlemen do for a living? He has a gas station? Mr. Cruz: A gas station. Well, he rents, he is leasing from Twin oil. But the gas station, the problem is that he was doing general mechanic, and the sign has been there for years. And the guy next door is doing general mechanics. The people down the street are doing general mechanics because up to three lots north of 29th Street is zoned CG-1/7, so the guy says that.... Mayor Suarez: You know that we lowered, in settling with him, which he has already paid, that we lowered the total amount from $16,800 to $1,680? Mr. Cruz: Well, that's not the point, Xavier, that's not the point. The point... Mayor Suarez: In other words, we lowered the fine by 90 percent, to 10 - percent of the total. Mr. Cruz: But the problem is that he was getting the fine because he thought he was doing auto mechanics, because they told him he couldn't do any... he can open, he can do a body shop, he cannot do anything, and the guy next door... Mayor Suarez: I just want to clarify for the general public that we went down 90 percent from the original fine, and that was the settlement and he's already paid it. Mr. Cruz: Yes, well the problem is he is his livelihood, because he cannot make a living there by being penalized for doing what he knows to do, auto r mechanics, because the only thing he can do now, according to the CR... i P_ 164 January 26,$9 F Mayor Suarez: OK, on that issue, I presume the settlement is that he will refrain from doing what he is not supposed to be doing there? Mr. Fernandez: Correct. Mayor Suarez: That's a zoning issue. Mr. Fernandez: And he is brought into compliance and he has paid and the whole thing is a closed chapter. Mayor Suarez: There is nothing we can do about that here, to change that issue. We cannot allow him to do something that he is not allowed to do in that area. Mr. Cruz: No, no, but you see, but then it is up to you as a legislative body of the City representing the citizens out there, the ones that can't be here today because they have to work, but they still pay their taxes, they are out there. Mayor Suarez: Can he move? I mean can he apply for some kind of a change of zoning that would allow him to do this? Mr. Cruz: Well, but how? That's what he tells me. The guy next door to me is doing general mechanics. He is rebuilding Volkswagens right there, and selling things. Mayor Suarez: OK, well now, we are supposed to apply the laws uniformly and your... Mr. Cruz: That's what he says, how come I get singled out? Everybody is doing mechanics! Mayor Suarez: Mariano, you know the way to make sure that that happens. You know you can go to any one of the five of us up here, you know our staffs will look into it to see if he is getting... Mr. Cruz: Oh, I called the people, I went to places, but they told me... Mrs. Kennedy: Well, you didn't call us. Mayor Suarez: No, no, I mean our Commissioner's office, that we get on their backs if they're... Mr. Cruz: Most of them were too busy on the stadium, we never could find them around here. Mr. Plummer: Da-da-da-da-dal Mayor Suarez: Mariano, I see you almost every night. Now, come on, you know how to reach us. - Mr. Plummer: Don't shoot a scatter gun. Mr. Dawkins: I am sorry, I was out, what are we... Mr. Cruz: Well, I have to bring it to a forum where the people know what's going on. I mean, the little businessman over there, he gets penalized for making a living. What do you want him to do, to sell dope? Mr. Dawkins: I mean, what are we going to do about it, that's what I want to know. Mr. Fernandez: There is nothing you can do about it. Mrs. Kennedy: He's paid already., Mr. Fernandez: Code Enforcement Board and the way that they proceed.:. Mr. Dawkins: But, are they going to quit harassing him? Mr. Fernandez: Well, that's a matter for the department director who has r under her supervision the inspectors that allegedly do the harassing. I can't,. answer for Ms. Fuentes. }4}? .4 165 i anuary 26, 1900 g.a Mr. Plummer: Let me ask this question, because I think that... Mr. Odio: I need to clarify. They are not harassing. The man was not in the right zoning. Mr. Plummer: May I speak? Mr. Odio: I'm sorry, Commissioner. Mr. Plummer: Mr. Mayor, I think as a Commissioner that we have the responsibility to try to make and ascertain if in fact this fine which has been levied is fair and is just and if it is not, we appoint the members of the Code Enforcement Board and based on that, if it is not what we feel in the best interest of this City, then we need to discuss changing some of the members of the Code Enforcement Board. That we can do. We cannot make anything to do with their decisions, but if in fact this Commission makes a determination in my estimation, that they are levying fines that conceivably are used as harassment rather than a fair fine, that's what I think we should look into. Mr. Cruz: I am a lover of the constitution here and all that, and I can add something, like quoting, and these are not my words. He has erected a multitude of new offices and sending hither swarms of officers to harass our people and eat out their substance. That was said by Thomas Jefferson, in the Declaration of Independence. It is there. I didn't say that, it is there. Another thing, one thing very important that many of the people in the bureaucracy have forgotten, it is, right now it is a modern version that we have to fight City Hall. We got to remember the idea of our Founding Fathers that government should serve people, not the other way around. Now, here it is getting to be that way, because if they were looking for compliance, he got compliance, but why those fines, because he didn't know that he was not, because he thought it was mechanic, he was doing mechanics and the guy said, no, you cannot do, but nobody told him, even there, you can see in the paper there, that the inspector went by July 27th and it was not until the third page, August 23rd, from July 7th he saw the violation and he filled paper August 23rd, post facto. Who has seen that? It is here in the paper, signed by John Black, so it took him more than one month, almost two months? Mayor Suarez: OK, we have a pretty good idea what the facts are, unless any Commissioner has any questions. Do you have any suggestions, anyone? Mr. Dawkins: I have a statement to make. Mr. Cruz: No, he got a break, because the owner of the property, Twin told ;- him you have to pay now because you are going to lose your lease, his livelihood, because I don't want any lien on my property, so he went and borrowed money, and I told no, even I told him, wait you're going to pay? Just go to me.. I go and get $1,680 in pennies and I am going to bring it to the City, or I take it. Mayor Suarez: Don't bring them in pennies! Mr. Cruz: Oh no, no, sure I would do it, I would do it. Mayor Suarez: Mariano, I know you would; we are going to try to hear from the Commission on... Mr. Cruz: Oh yes, I would do it, but he didn't want to do it. 3 Mayor Suarez: We're heard from you on this, Mariano. Mr. Dawkins: OK, J.L., I agree, I mean, this isn't the first... Mr. Cruz: Harassment. Mr. Dawkins: This isn't the first case that I have coming into my, off f'e }Tsf.�, about the Code Enforcement Board and its fines... ,�x Mr. Cruz: Communication. }Y __- Mr. Dawkins: ... and it's not even reserved for people like him. I had a case with signs as big as they are. They cleaned up the space, I went out and saw it cleaned and Code Enforcement, :.L., .,:ill fined them. So we do need to revisit the Code Enforcement Board to see, and Mr. Mayor, I'll take it upon myself to sit in on the next Code Enforcement Board meeting and report back to this Commission what I observed. Mayor Suarez: I think that is a great idea. Mr. Plummer: Mr. Mayor, do not let my comments in any way reflect anything against the Code Enforcement Board, there is always two sides to every story, but I am saying that if this... Mayor Suarez: The Commissioner is offering to be present and report back to us on how their functioning is, and they are giving fair treatment to different kinds of cases, and so on. Mr. Plummer: I would ask in the conclusion of this matter, that the City Manager gather all the facts of this particular case, review them and make a finding to this Commission at the next Commission meeting. Mr. Cruz: Last thing saving his livelihood, What could he do about, like? Mr. Plummer: Well, he can review it. Mr. Fernandez: No, Mr. Plummer, there cannot be a review of the Code Enforcement findings by this Commission. You can review the way that the Department enforces what they perceive violations of the code. You can review with the Manager... Mayor Suarez: Oh, we can also review how the board functions. Mr. Dawkins: And you can remove them, that's all you can do. Mr. Fernandez: No, no, no. Once a board makes a determination, you have adopted pursuant to... Mayor Suarez: No, no, I don't mean review in the sense of an appeal. I mean we can review how they function and report back if we think, any one of us can go and sit there and listen to the way they are performing to you, they are being fair. Mr. Plummer: Are you telling me for example, as an individual... Mr. Fernandez: Yes. Mr. Plummer: ... that I don't have the right to go and demand all of the documents pertaining and circum.... around this particular case? Mr. Fernandez: You certainly can. They are all public records. Mr. Plummer: And that I as an individual don't have the right to read and review and make a determination in my own mind? Mr. Fernandez: Certainly. No, your... Mr. Plummer: Well, why can't the Manager do that? That's all I ask! Mr. Fernandez: All right. Mr. Plummer: That's what I am paying him $450,000 a year to do. Mr. Cruz: Plus fringes, plus fringes! �.i ei Mayor Suarez: OK, that's in the form of a motion? �a Mr. Cruz: Now, I like to add one thing in conclusion. _ Mayor Suarez: Last thing, in conclusion! t Mr. Cruz: What he has to do about earning a living now, if he is forbidden to have the auto mechanic, when you know you can't make a living selling gasoline l 167 January 26,489� t s �f with the self service and all that. When everybody next to him and next to him is doing auto mechanics, not only that, people in there back yards, everybody is do!-_ --:nch-'Iics Mayor Suarez: We have to make sure that only the people that are in areas zoned that allow that will do so. Mr. Odio: Mr. Mayor. Mr. Cruz: Change the zoning. Mr. Odio: There are 100 cases a month heard by the Code Enforcement Board. I just want to warn you that it sets a precedent that if we have to listen to 100 cases here at this level because people don't agree with the fines... Mr. Plummer: Excuse me, Mr. Manager for one person's thoughts, I am only asking you to review because an allegation of harassment was involved. As you well know sir, I have said that in many cases the Code Enforcement Board should have bigger and better fines available for people who thumb their nose at us, OK? But when there is a compliance and an allegation of harassment is brought up, that's why I am asking you to review the facts and report back your findings to this Commission, nothing else. _ Mr. Odio: I will do that, I will do that. Mayor Suarez: So moved. Mr. Plummer: If it needed to be a motion, I so move. Mayor Suarez: I guess you don't need to. OK, anything further on this item? Let's go on to the next time. NOTE FOR THE RECORD: At this point, no one appeared for item 14. Agenda item 15 was tabled.------------------------------------------------------- - ------------------------------------------------------------------------------ 31. COMPREHENSIVE HOMELESS ASSISTANCE PLAN AND EMERGENCY SHELTER GRANT PROGRAM: Discussed and deferred to next Commission meeting. --------------------------------------------------------------------------- Mayor Suarez: Item 16, do we have to make allocations of $186,000 right now? Mr. Odio: No, you don't, but I was told... iMayor Suarez: Have we actually obtained that? sw Mr. Odio: Yes, sir. Mayor Suarez: We have the money in hand? Mr. Odio: Yes, sir.' Mr. Plummer: What is happening with the money? People are hungry. Mr. Odio: No, the money was just received and you have to make a decision now that money's spent, period. Mr. Plummer: Well, when are we going to make that decision? Mr. Dawkins: Right now. rz Mr. Odio: That's why it's here. S� i t r t Mayor Suarez: I don't think we have the money in hand yet, but... Mr.. Pl-jxner: Oh, where is the recommendation? Mr. Castaneda: Commissioner, we are in the processing of preparing a CHAP the application has to be submitted before February 13th and we'll be bringing to you CHAP at the next Commission meeting. We... Mayor Suarez: A what? Mr. Castaneda: It's call a CHAP. It is a housing assistance plan for the homeless. Mayor Suarez: Thank you! Mr. Castaneda: I'm sorry. And at that time we basically wanted to hear your points of view as to what direction you wanted us to proceed with this. Mr. Plummer: Let's do it now. That's what it's here for. Mr. Odio: Right, you can... Mr. Plummer: What's your recommendation? Mr. Odio: I recommend that we have... we are moving... We have 150 homeless living at Bobby Maduro Stadium right now and we are proceeding to move them — during this week, and into Beckham Hall, the facility that is being finished renovating now, and we hope to be there on Monday and I suggest that we keep this money in reserve until we find out what it entails, the operations of Beckham Hall. Mayor Suarez: Yes, whether we end up doing it, or an agency ends up doing it for us. Mr. Odio: Well, I'm having a meeting with the County. Mayor Suarez: Well, what I'm saying is, whether we end up doing it, or an agency ends up doing it, we're going to need monies to be able to... Mr. Plummer: Whoa, excuse me. It was my understanding from you, Mr. Manager... Mr. Odio: Well, let me clarify... Mr. Plummer: Oh, please do! Mr. Odio: We are meeting tomorrow with the County and we have stated to the County that we are going to give them staff support, but that we would not in any way operate that house, period. But, I'd just like to keep this money in reserve and not just make any commitments until we find out the needs of this 150 homeless that we have. So far all the food that they are eating,, two meals a day, have been donated and we can keep that up for a while, but just in case, and we are also having a, I believe a catering service provided by the County that might start services on Monday, so I just wanted to make sure that everything is in place before we commit to spend any monies. Mr. Dawkins: Beckham Hall will house how many individuals, Mr. Manager? N �.r Mr. Odio: 150 to 180, but 150 is here. ?. t Mr. Dawkins: 150? And you are going to get $186,000? Mr. Plummer: We got that. �s{; j Mr. Odio: That's what we have. � F i Mr. Dawkins: I move that that money be held in reserve and used for ,the homeless at Beckham Hall.'` Mayor Suarez: So moved. a 5 __ Mr. Pluniner: I'll second the motion, but under discussion, I need to know, who makes the determination of who has priority in that place. Is it a one night shelter? Mr. Odio: No. Mr. Plummer: Is it a long term facility? Mr. Odio: Yes, sir, that's a good question. Mr. Plummer: And who makes the determination of who is admitted and who is denied? Mr. Odio: Well, that's a good question. Mr. Dawkins: Wait a minute, before you go into that now. I also need an answer. I made a request that families and mothers with children come first. Mr. Odio: That is the priority we have established. If a woman with kids come in as they have, they will be sheltered first. If a whole family, as we have, come in first, they will be. And in case, and I want you to know this, because Evelina Bestman of New Horizons has been great. There are some FEMA monies that the New Horizon Center has received. We have placed 16 families of black Americans, with their kids with FEMA monies into apartments in the past three weeks, so there are certain things that we can do for the families. Mr. De Yurre: All right, one thing that we have to be aware of, this next February 9th, we are going to be discussing the Camillus House situation, I want to have the option, that this Commission have the option to be able to tap those funds to whatever degree we feel is necessary, if at all, for that situation. Mr. Dawkins: OK, Mr. Manager before you get carried away now. Mr. Odio: No, let me... Mr. Dawkins: All right, we got the Beckham Hall, with 150, right? Mr. Odio: Yes, sir. Mr. Dawkins: Now, the Yahweh people offered to house the excess. Now, we ran _ around and we put everybody else someplace. Now, did anybody get placed with the Yahwehs? Mr. Odio: No, sir. Mr. Dawkins: Why not? Mr. Odio: Well, because we didn't... we were not paying for apartments. At this time we were housing them at Bobby Maduro for free. It didn't cost us any money whatsoever to keep them there. We had housed as many as 275 homeless at the Bobby Maduro Stadium and... Mr. Dawkins: So if you got 275 homeless there tomorrow, when you start to move everybody out and Beckham Hall will only house 150, what are we going to do with the other? Mr. Odio: Then we would have to use some of this monies for emergency shelter and FEMA money. Mr. Dawkins: I think the thing you need to put on the record, Mr. Manager... r Mr. Odio: Yes, we don't have enough! Mr. Dawkins: No, I think the thing you need to everyone will know is that all the food, and all spent on the Nicaraguans has been contributed. Mr. Odio: Every one penny of it. put on the record so that F' Mr. Dawkins: Every penny that we have spent on the homeless has been tax a dollars. I think, you see, because out there, people do not know that the r P 170 January 20, money that's being spent is in two parts and where it is coming from, so t ireally think you need to... Mr. Odio: Yes, every dollar that has been spent on the Nicaraguan refugees has been donated, food has been donated, the dollars that are getting from either private donations from corporations, like Budweiser, the Cuban -American National Foundation and the telemarathon. Mr. Dawkins: Hold it, hold it. Budweiser? Mr. Odio: Budweiser. Mr. Dawkins: And they won't give me no money for my Fourth of July picnic, but they going to give you money for the Nicaraguana! Boy, you wait, wait until I call them) (LAUGHTER) Mr. Odio: What happened is that... Mr. Dawkins: I got a letter from them in the morning. Mayor Suarez: ... and we will talk to them. Mr. Dawkins: No, I'll talk to them. Mr. Odio: Like I said, every dollar has been spent from private donations and the homeless, the food that they have been eating has also come donations up to this time. Mr. Plummer: Let me ask the representative of Yahwehs. What is your proposal _ to the City to house the homeless? Brother Yavia: I have a copy of that preliminary package right here. I'll just pass it out. Mr. Plummer: Could I see a copy, please? Mr. Odio: Commissioner, while he is doing that, Commissioner Dawkins, because you have been there, the good news is that we have... Mr. Dawkins: Why are you so formal, why you so formal now? Mr. Odio: We have placed a hundred... the good news is that of the homeless, which I was very concerned about the drug problem, is that we have been able to place 101 of them in jobs, out of which 87 have stayed in their jobs and in some cases, they have been promoted from laborers to supervisors and... Mr. Dawkins: You are conveying that through me to them, because I already know, right? Mr. Plummer: I don't find in this proposal, any dollar figures. Brother Yavia: That's on the last page, I believe. Mr. Plummer: This is for one year? Brother Yavia: Yes. a, Mr. Plummer: And how many people could you accommodate? Brother Yavia: It's for 20 units, for families.r Mr. Plummer: Thank you. Me. Mary Smith: Mr. Mayor, Commissioners, I'd like you in your deliberatfpa to also consider the family shelter which you helped to get on the road last' year. Mayor Suarez: Make sure, put your name on the record, please, and address.` Ms. Smith: Mary Smith, Christian Community Service Agency. 9 4 171 .Tawa�'y, S _ Mayor Suarez: I thought that Was Christian Community Services. Ms. Smiths And the shelter located in Wynwood... Mayor Suarez: When does it open? Ms. Smith: Well, we're schedule for April. Today, the good word is that the Building and Zoning, we got all our permits as far as I know, as of 3:30 p.m., and we look forward to breaking ground next week. This facility was a crack house and we've had the opportunity to turn it to use as a family shelter. We have been concentrating our fund raising on the operating end, but we're right now looking at the fact, we have access money through the City of Hialeah, an additional $70,000 in contributions, but to bring the project to completion, we'd like your help with the McKinney Act fund. We are looking at a gap of about $70,000, so I'd like to ask you today to consider some of the McKinney Act funds towards this... Mr. Plummer: What is a kitty act? Mayor Suarez: McKinney Act is the funds that we're distributing now. Ms. Smith: These are the funds we're talking about right now. Mayor Suarez: McKinney Act was the Federal fund that made them available. Ms. Smith: Yes. Mayor Suarez: $70,000? Ms. Smith: $70,000. Mayor Suarez: What would you do if we didn't get $186,000 this year from... Ms. Smith: Well, we try to get out there and raise it, but it is just going to look to delay the whole project in terms of bringing it to completion. This would be a help, a significant help to get it in sooner. Mr. Dawkins: But you remember, standing right in this Chamber, I told you when we gave you that money, that was it. Ms. Smith: But we didn't know there was going to be another round of McKinney Act funds. Mr. Dawkins: That wasn't... but I told you it may and it may not, OK? But when we gave you the money, I told you that was it, right? Ms. Smith: Right, and we were not to come back for any City money. Mr. Dawkins: I still say, that's it. Ms. Smith: I'm asking you to consider it. Mr. Dawkins: OK, Mr. Castaneda. Mr. Castaneda: Yes, Commissioner. Mr. Dawkins: What are the restrictions, sir, on the $186,000? Mr. Castaneda: OK, I think Francina Brooks is a lot better qualified than me to explain them. Ms. Francina Brooks: I don't have much of a voice, but I'll try. Thera are three purposes the funds can be used for. One, to either... Mrs. Kennedy: Francina, let me help you. Renovations for housing, major rehabilitation, or conversion of buildings for use as emergency shelters. The r second is provision of essential services, which may include employment, health, education, so forth, and payment of maintenance, operation, insurance, ,# utility and furnishings. ; v_ � s Mr. Dawkins: OK, now... r $, 172 ,Jaavary =26, �r'-... f Ms+ Brooks: The essential services is limited to 20 percent of the grant. Mr. Dawkins: OK, now, Mr. Castaneda, in your professional status, what was just read, does that qualify Camillus House to receive the $186,000? Mr. Castaneda: Not for acquisition. Mr. Dawkins: OK. Mr. De Yurre: Not acquisition, services. Mr. Dawkins: You can't service what you don't have now. (INAUDIBLE STATEMENT) Mr. Dawkins: No, no, now. We've got to acquire it before we can put it in there to service it, so that's acquisition. Mr. De Yurre: Right now, Camillus House... Mr. Dawkins: Also, you are going to give them $186,000 to feed where they are. Mr. De Yurre: No, you can only give them 20 percent, right? Mr. Plummer: Why don't we take the $2,000,000, instead of giving it to the Camillus House and establish a good facility and operate for the homeless. You're only talking for $2,000,000 a hundred people. We've got 8,000 that are homeless. Why don't we take that $2,000,000 and establish a good program in this community to really address the homeless problem. Mr. De Yurre: J.L. ... Mayor Suarez: OK, Commissioner, what are we going to do with the $186,000? — which is what's before us now. Mr. De Yurre: Once we flip the Camillus property, then you can take the $3,000,000 or $4,000,000 we're going to make on it and do whatever you want with it. Mayor Suarez: Just don't say that into the record at this point. Remember, we are acquiring for a public purpose, not to flip it! OK, we have $186,000 that we have to decide what to do with. Do we have a motion? Mr. Plummer: Well, the motion that Commissioner Dawkins made was that it be - held in reserve until the next meeting for the purposes of the... Mayor Suarez: I love that motion, at least it gets us to the next item. Mr. De Yurre: I second that one. ' Mayor Suarez: Thank you. Call the roll. Ms. Hirai: That was the first motion we called the roll on. Mr. Plummer: Well, but excuse me, just to clarify the issue. Now, Commissioner Dawkins, I'm not trying to talk for you, but you were clear that that could only... Mr. Dawkins: I would never permit that. a Mr. Plummer: That you said that that money was only going to be used for Beckham Hall and Commissioner De Yurre who seconded the motion, said that he wanted it flexible so that it could be used for the Brothers of The Good1 - Shepherd also. So, we'd better have it clarified on the record what we are voting for. Mayor Suarez: Well, we are holding it in reserve, pending further Commission action, no? Mr. De Yurre: Defer to the 9th. ter. 179 January a6, — �— ,.�.bq.y.w hqbk ayor Suatei l idea, we are howing it ie reserve until further.4. .r Mr. be Turret veil,] first of all, aren't you under a bind, they-ttaft bfi1Y•.���s+ 20 percent... M Mr. Plummer: He said for Peckham Hall only. Mr. De Yurre: 21 entity. - Mr. Dawkins: Or the homeless. Mr. Odio: No, the 20 percent is for...` Mr. Plummer: Well. but he seconded it, based on the fact... Mr. Castaneda: 20 percent is for the direct service category. Mrs. Kennedy: For the essential services. Mr. Castaneda: Right, essential services. Mayor Suarez: OK, I would propose, so we can go onto other items, I gather we are going to have a major policy determination as to how to span& these monies, but if we hold them in reserve for use and not decide until...: and we are in effect moving to defer until the next meeting. Can we do that? Mr. Dawkins: I have no problem with that. Mayor Suarez: OK, so we can get on to other items. Mr. Dawkins: All right. k Mayor Suarez: Please. .r Mr. Dawkins: Call the roll -Madam Clerk. Mayor Suarez: Call the roll. 4' MOTION TO DEFER # °n rt , UPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE �. MAYORDEYURRE, THE CITY COMMISSION DEFERRED THIS 'ITEM TO THE NEXT f MEETING BY THE FOLLOWING VOTE: a AYES,, Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy wF Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. SuarezVN NOES: None. ABSENT: None. �x3k 't ;'- nJ { .t v ., �' y +`rT(3` ?}vz w., -�, f .�'§t a r :;,�= � � `i'A' � � `Xu�i•�,�,1 �'y+�,��;�'at' s r s t :a r. rf "�'* -�,' i� _ � t . i {�"A`,'i; -. �y��� �� t• ��iFb���� *'a �a ��. . afs <t3tyy's i S kTw o q i �9 e fir" b �'-�5#�.� SrA�"a*k'! �+i e:•, t s%:k'>!. # add'' !4a}- i f,yai �� � �.��+"�r iE�'n-qsi zi��.!�v7i7 ^# -�kT✓ I���t'�w�j ti '.t T:, , , , ?'" ' r ` i�.�, x.}iC•,"�+a' �''�j ` q , P � �, ±. r� .=�+,fi*3i4s `�' t`v �''ss,cf-� f h .,,3yi �, a � Y � c r�'c �r ..!' y� c•�'`'d r`� t d.t ------------------------------------------------------------------------------ 32. CORAL WAY TREES (Mi:iACLE CENTER PROJECT) A) reconsider R-88-1212 which granted permission to remove/relocate trees on Coral Way. B) Rescind R-88-1212, allow traffic light and left turn storage lane on east bound Coral Way at SW 33 Ave. C) Instruct City Manager to conduct study of remaining properties on Coral Way for possible reduction of said parcels. ------------------------------------------------------------------------------ Mayor Suarez: Item 18, allocation of trees on Coral Way. Mr. Dawkins: This is a good one. Mr. Olmedillo: Mr. Mayor, 18 and 19 are related. Mayor Suarez: 18. And I want to let... there is group of merchants, property owners, from Liberty City area. I believe they are adequately described by their ethnic or national origin. Most of them are Palestinians, if not all of them, and I have told you that in fairness, we have heard almost everybody in this community as to the impact of the disturbances of last week, and that in fairness to you, at some point before 9:00 p.m., I'd give you an opportunity to make your plea to this Commission. The item didn't come in within the five days required by the law, so we are going to take this as an emergency item, just to at least listen to you, but I am trying to get through some items that have been scheduled for many months and I realize you are here on an emergency basis for things that obviously happened that were not expected and that you want relief from so, we'll try to get to you. I haven't forgotten you. Counselor. Mr. Al Cardenas: Mr. Mayor, for the record, my name is Al Cardenas with offices at 12... Mr. Plummer: Excuse me, Al, could we ask that a map be put up on the wall? I was showed a map this morning, which was much different and contrary to that which I thought we had passed at the last meeting, so let's put a map up on the wall, which in fact is what is, what are we speaking to? Mr. Cardenas: While they are doing that... Mr. Plummer: No, that doesn't tell me what I need to know. Mr. Cardenas: Right, while they are... Mr. Plummer: I need to see the plan that was discussed before this Commission. That's not it either. I am talking about the plan of the median strip and the trees. That's the one, now move it down so we can see it. I've got to see 33rd Avenue and the avenue to the west of it. OK, that's fine, thank you. Now proceed, so we know what is... now, is the plan that is what everybody is discussing today? Mr. Olmedillo: That is correct, sir and this is what the applicant is asking you to... ■ Mr. Cardenas: What you are being shown is what you approved last time. Mr. Plummer: Well, it is not the way I remember it, Al, but let's go ahead for the discussion purposes and let's discuss it. Mr. Cardenas: OK. After, as you may recall, Commissioner, Mayor, members of the Commission, I think after I make this brief presentation, that just about all of the folks are here in this room, and I believe I am making this — statement accurately, when I'm finished, you'll understand. We'll be pretty much in agreement, what we have individually on our own agreed to do before we — get here. Basically, what we're proposing is pretty much one of the options - that was discussed at our last meeting. If you will recall at our last meeting, there were a number of options discussed, but the two major ones were t the plan that was adopted, which is pretty much showing on the screen now, and A the second option, which is a slighx realignment of Coral Way, which is being shown at this point. I want you to know that we have done a lot of work since that time. We met with the Florida... 175 January 2b, 14.89� Sq' Mr, Plummer: Whoa, whoa, wait a minute now, hold on. This is what happened to me this morning. You guys are flipping things around and plan B is what I remembered. Mr. Olmedillo: Plan A is the one that was approved by this Commission, contingent upon coming back and holding a public hearing to close the median at one or two points so that we could relocate the trees. Mr. Cardenas: There were no contingencies. Mr. Plummer: But we didn't approve a closing of the median at either one of the points. Mr. Cardenas: No. Mr. Plummer: Yes, but the plan I saw and the map I saw this morning showed a closing of the median. Mr. Olmedillo: No, no, this item is item 19, which is the public hearing to see if we can get the... Mr. Plummer: Sir. Mayor Suarez: It's actually... Mr. Plummer: Excuse me, Mr. Mayor, Mr. McDonald, Ronald McDonald, would you bring me that map you showed me? Mayor Suarez: Yes, I saw the same map, but we didn't decide to do that, in fact, we need to... Mr. Plummer: But where did this map come from? Mayor Suarez: I don't know. It looks in the map as though it's going to be closed. Mr. Plummer: This is the map I'm looking at. Now, who made this decision? I didn t make this decision. Mr. Cardenas: I agree with that. Mayor Suarez: Mr. City Attorney, by the way, do we need to move to reconsider anything at this point? Mr. Joel Maxwell: Yes, sir, the first thing you have to do is act on the - motion to reconsider, before you take up discussion on this item, so that a motion will be in order first to reconsider resolution 88-1212. Mrs. Kennedy: So moved. Mr. Plummer: Where did that come from? Mayor Suarez: OK, let's get that done real quick, so we have the floor open on the merits of the issue. Mr. Plummer: Second the motion. Mayor Suarez: Call the roll on the motion to reconsider.-41 r, F y - t u� 1l f lA 3 rxi t .176 1gy�s ti The following rasolutioh was introduced by COfftissionbr Kbhhady 1*h6 Moved its adoption: RESOLUTION NO. 89-107 A RESOLUTION TO RECONSIDER RESOLUTION NO. 88-1212, ADOPTED DECEMBER 15, 1988, WHICH GRANTED PERMISSION TO REMOVE AND RELOCATE CERTAIN TREES ON CORAL WAY AND WHICH MODIFIED HERITAGE CONSERVATION BOARD RESOLUTION NO. 88-76 RELATIVE TO THE DEVELOPMENT OF THE MIRACLE CENTER PROJECT LOCATED AT APPROXIMATELY CORAL WAY AND SOUTHWEST 33RD AVENUE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Yes, to reconsider. COMMENTS AFTER ROLL CALL: Mr. Cardenas: Now, if I may, what I'd like to do, because I am going to answer a lot of your questions, if you give me two minutes, I think. Mayor Suarez: OK, one minute and 59 second left. Go ahead. Mr. Cardenas: All right, listen. There are a number of organizations that were not pleased with the alternative that was selected in terms of the replanting of the banyan trees. A number of those organizations, I believe most of them, will accept what is about to be proposed to this evening. The Coral Gate Homeowner's Association are represented here by Chuck Hasseler, the president, by Doris Scheer, and by Ann Freeman. Art Hirtz and Herb Simon, if you will remember, were the owners of the property on Coral Way on the south side of the Coral Way. They are also represented here. Herb Simon is here in t person, as well as Art Hirtz is being represented. The Florida Department of Transportation is here represented by Stan Cann. The City of Miami Heritage Conservation Board is represented here. They adopted resolution HC-8876. The Shenandoah Homeowner's Association is being represented here by Gus Casanova. The Roads Homeowner's Association is being represented here by Joe Wilkins and Manny Framil. City of Miami Police Department is being represented here by Lt. Joe Longueira, and of course, Senator Jack Gordon has had his statements being heard and read and David Plummer and Associates is represented here as well. I believe that I am speaking correctly when I add there may be a few r additions made, when I tell you that everyone I've mentioned, who is deeply concerned about this issue, has favored as the option that can be a workableY'; option, option number two, the option recommended by the City of Miami Heritage Conservation Board, by resolution HC-8876. <� Mr. Plummer: That's "B"? 5 h Mr. Cardenas: Yes. 2K Mr. Plummer: Put "B" up'at the same time so we can compare.' l Mr. Cardenas: Right. Now, Commissioner Plummer, it has taken obviousl s of work and a lot of efforts to meet with all of these various. 'organizatiozle „y k in the interim. I think that the community` is letting you know that when there are"that many organizations that are deeply concerned about this issue, that they favor plan "B," and there have been several discussions on it with professionals as well as homeowner's groups, we'd like to encourage`'l►oit}=,tp look at'plan "B" carefully as we think at this point in time, based on ail'o ` 177 Jantit+�y►'�' t the various community interests taken into consideration, is the best possible option. I have versions here Commissioner, in color, of plans "A" and "B" if it would be any easier. Mr. Plummer: Does everybody have the opportunity? Just lay them on the ground and let everybody have the opportunity to look at them. Mr. Rodriguez: "B" takes away the swale area on Coral Way out, and "A" takes the space from the median area of Coral Way, that's it. Mr. Plummer: Why can't you have the best of both worlds? Why can't you have plan "A" with a turning lane and plan "B" with the rest of it open? And why do you have to take the swale area instead of the median? Plan "A" does in fact remove the two banyans. Mr. Olmedillo: Relocate them. Mr. Plummer: Relocate them. Mayor Suarez: I'm hearing that most of the residents associations favor plan "B"? Mr. Plummer: Yes, but you see, then you've got to come to a fairness. A fairness is, is the detriment to the people on the south side of Coral Way, to the enhancement of the Miracle Center on the north side of Coral Way and I don't feel that's fair) Mr. Cardenas: Commissioner Plummer, but I want to bring this to your attention. That was an issue raised last time and at that point in time, we had not had the opportunity to meet with the two land owners of the property on Coral Way on the south side, Mr. Herb Simon and Mr. Art Hirtz. We've met with both of them. We've entered into agreements with both of them. They are both here to tell you that they now favor plan "B." Coral Gate Homeowner's Association, the Florida Department of Transportation, the Heritage Conservation Board, the Shenandoah Homeowner's Association, the Roads Homeowner's Association and Senator Jack Gordon all favor plan "B" and so... Mayor Suarez: So why don't we do plan "B"? Mr. Cardenas: That's what I'm suggesting here this evening. Mr. Plummer: The problem with plan "B" is in fact, as I said before, to the detriment of the south side of Coral Way for the enhancement of the north? Mayor Suarez: He said they talked to the to principal affected property owners and they both agreed, Art Hirtz and Herb Simon. Mr. Plummer: There's more than two property owners, Mr. Mayor. Mayor Suarez: But the two that have voiced their complaints and concerns. I'm befuddled by this, if everybody agrees to one plan, why? ' Mr. Plummer: Show me on here Al, where is the McDonald's? Is that gentlemen in concurrence? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Is he in concurrence to lose part of his Swale area? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Maxwell: He's not on the record, Mr. Mayor. Mayor Suarez: Yes, we are having a tough time picking you up, if you want to grab the mike, Al. Mr. Plummer: All right, mu next question is, to Public Works, when you eliminate the swale area, what does that do to drainage, to curbing and all p the rest that normally is associated with a normal street? Mr. Jim Kay: Modifications will have to be made to both, the drainage and to zt the curbing. The existing curbing is going to have to be torn out for about_ 178 January 26, 19819r 1200 feet and new curbing put in, as well as about 1200 feet on the median curbing as well, so... Mr. Plummer: Am I without question understandable that the owners of the Miracle Center are paying that tab? Mr. Cardenas: Yes, sir. Mrs. Kennedy: Well, I guess we have a plan that is acceptable to the neighbors, to you, to Senator Gordon... Mr. Cardenas: To the owners on the south side. Mrs. Kennedy: To the owners... Mr. Plummer: One other question. Mrs. Kennedy: What are we arguing about? Mr. Plummer: No, not arguing, question just to clarify the record. I don't see anything on this, and the next item on this agenda is also part of this agenda, what about the traffic light? Mr. Cardenas: Traffic light, Stan Cann is here from the Florida Department of Transportation. They have agreed, if plan B is adopted by the Commission, to a traffic light. Mr. Herb Simon, the owner of a convenience store, I believe wants to say a few words anyway, because he wants it on the record, but we have discussed the issue with him, we've the discussed the drawings and I believe that once he is satisfied with his statement on the record, that it will be acceptable to him as well. Mr. Plummer: Is it acceptable to the State of Florida, that it be a three-way light? _ Mr. Cardenas: Yes, air. - Mr. Plummer: You are sure of that? Mr. Cardenas: Yes, sir. They're here. Mayor Suarez: Behind you. Mr. Plummer: So then on the north side, from the median north on Coral Way going west bound, there are no changes. Mr. Maxwell: Mr. Mayor, could you please have him identify himself on the record, please. Mr. Plummer: Wait, whoa. Mr. Maxwell: Identify himself on the record. e Mr. Olmedillo: I believe there are changes. 0 i Mayor Suarez: Yes, from the DOT, before that please, to keep the record from getting too cluttered. Your name please, sir. Mr. Stan Cann: My name is Stan Cann, I am director of operations for District 6, Florida DOT. Mayor Suarez: What happened to John Taylor? Is he your supervisor or are you his supervisor? JI Mr. Cann: No, he is not. He is no longer with Florida DOT. F4 Mayor Suarez: He now works for Greenberg-Traurig 1 5. and David Plummer and the establishment, OK! G, Mr. Maxwell: Mr. Mayor, could he repeat his position? t` Mayor Suarez: Is that why he is thinner now, or...? CFyg�, rort �� 179E r eiA13ua�► • Mr. Maxwell: Could he repeat his position please, Mr. Mayor. Mayor Suarez: I'm sorry. Mr. Maxwell: Could he repeat his position now that he has identified himself? Mayor Suarez: Yes, and please tell us that you do support what we've said before, that you supported things, if in fact you do. Mr. Cann: Yes, the Florida Department of Transportation does support plan "B" and I'd like to reiterate that the Department will only issue a permit for plan "B," will not issue a permit for plan A, and since we have jurisdiction and responsibility for the road, the developer would not be able to obtain a permit unless we issued one to him. Mr. Plummer: So then you leave us with either the alternative of doing "B," or just leave it as it is. Mr. Cann: Yes, sir. Mr. Plummer: I ask again, because I saw people jumping around here like a yo- yo when you answered, no. Does it in any way from the median north, westbound on Coral Way, is that street altered? His answer was no. Mr. Olmedillo: The plan, and this is only for the record, the plan that was shown to us included a widening in a portion of the median and then a reduction of the median, so the median is altered, so what I want to have is the record clear that the median is altered and however, I'm not saying in a good way or in a bad way, I'm just saying that it is altered. Mr. Plummer: Excuse me? Mr. Olmedillo: I am saying that it is altered. I am not saying that is positive or negative. Mr. Plummer: How is it altered? Mr. Olmedillo: The plan that they showed us, they widened a portion of the median and then... Mr. Plummer: It doesn't show that here. Mr. Olmedillo: Well, if the... I believe, David, if you can state on the record that the median is not altered in any way, then that will be sufficient. Mr. Plummer: No, that is on south of the median. I am talking about north of the median, west bound. Mr. David Plummer: David Plummer for the record. The west bound through lanes, there is no alterations in the pavement edges, either on the south or the north side of the west bound lanes. They will stay exactly as they are. Mr. Rodriguez: Basically the alternation again is on the east bound area on the Swale area that is eliminated. Mr. Plummer: How much of the swale area will we lose, or will the property owners in that area lose, approximately? Mr. Cardenas: It's a five foot swale. Mr. Rodriguez: Well, how much of a distance, I guess, right? Mr. Cardenas: The point is, the owners on the south side have all been spoken.. r to. s- x Mr. Plummer: Al, let me tell you my area of concern. How close is that going to place the sidewalk to the road? I'm looking at the safety factor. r Mr. Olmedillo: Abutting it. That is one of our concerns. Mr. Rodriguez: That is the reason that we are concerned. J`f;ra 180 JagttarY Zi 1�`x t 4� Mr. Plummer: It's a reasonable concern. Now, is there anything about guard rails that's going to be put up there to protect the pedestrian traffic? Mr. Cardenas: Excuse me, Commissioner. Mr. Olmedillo: I've heard nothing of guard rails. Mr. Cardenas: Commissioner, I'd like for David Plummer to address that question at this time. Mr. Plummer: That's fine, I'd like my people to address it first, and then Mr. Plummer, the other Mr. Plummer can respond. Mr. Olmedillo: There has been no mention of guard rails on that site. Mr. Plummer: Well, I am mentioning it. Don't you think that guard rails there to protect the pedestrian traffic would be in order? - seeing as how you got the street right to the sidewalk? Mr. Olmedillo: That would improve the safety of the pedestrians. Of course... Mr. Rodriguez: You have to have also concern for vehicular access. If you have guard rails over there, then you have to... you will be making it impossible for cars to make a turn. Mr. Cardenas: Mr. Plummer, I'd like to, before I bring David Plummer to the microphone, I'd like to add that the distance of the buildings that are now here with a five foot reduction will place those buildings no closer to the road, Coral Way, than most of the buildings on the north side of Coral Way, but I... Mr. Plummer: Al, that's not my concern. My concern is the street going smack up to the sidewalk. That's my area of concern. Mr. Cardenas: Yes, but that is the way it is on the north side of Coral Way. Let me, if I can, bring David Plummer, our expert consultant to the microphone. I think for the record, I will restate all of his qualifications that we have read in previous hearings and save ourselves the time of qualifications and use the record for reference. David, would you address that safety issue. Mr. David Plummer: What we're able to do with the pavement was beginning several hundred feet west of 34th Avenue, bring it over towards the actual sidewalk edge in front of what we call the convenience area. At that point there, from the edge of pavement to the center of the sidewalk, there is approximately five to six feet. The pavement is moved over closer to the pavement edge, but it only lasts where there is no green area probably for a dimension of about 300 feet, because of the continual moving as you go south and then you go back north. Commissioner Plummer, would you like me to go over that again or did you just... ■ Mr. Plummer: No, I... David, I understand what you are saying. My area of ' concern is still the pedestrian safety as it relates, and up here I'm coming close to home. In my establishment off Bird Road, when they widened the road, all I have in front of my place is a sidewalk. They took my 18 feet of =� landscaping in the front, and I never have been comfortable with the fact that ,. the sidewalk abuts and joins to the street for pedestrian safety! And I don't 'r see the adequate controls in there of pedestrian safety. Mr. David Plummer: There's two things that we did, there is a sidewalk in the area where we get closer is widened by one foot, so we don't normal five foot sidewalk width, we have a wider sidewalk at that point. That's in the area in front of the convenience store, but I think Commissioner, we have to look at it as a balance between what this sites needs, and this area needs, as we've talked to the Police Department of the City of Miami, a left turn lane. Mr. Plummer: Now, David, you are representing a client. I understand you are representing the needs of the project. I think I represent the needs of the people who are going to be in that area. f �wY 181 January',26, 1969 Mr. David Plummer: Well, I've got to say one other thing, Commissioner. The need for the left turn lane isn't just for the shopping center. The need for the left turn lane creates the safety for the through movements that are going ee5.- .,Quin, because we remove them out of the way of being a rear end accident, or sideswipe accidents where people are waiting to turn left. Mr. Cardenas: But let me show you this close. Mr. Plummer: Let me ask... hey, you maybe can satisfy me without dancing around it. Is there any way that you can put a higher curb? Is there any way you can put a guard rail on that strip that is now street to sidewalk? Give me some protection for the pedestrians that are walking on that sidewalk. Mr. Cardenas: We will, but I want to show you just the length of the area that you are talking about. The corner here on 34th, Commissioner, as you'll see, is not affected because the realignment starts about here. The one area where there are streets and sidewalk only, without anything else, most of it Is in front of the convenience store, where there is ample space for parking here, so that the actual structure, is removed a considerable amount of footage from the sidewalk. Then, it starts picking up here again in front of the McDonald's, so that is not affected from what it previously was. The area that is affected, based on your theory, is this area that I am pointing to here, between the brick wall of the photo convenience store, westward to the covered driveway before the second building from the corner. It is these three structures here that I am pointing to that are affected by your thought process. Mr. Plummer: Can you not put a higher curbing? Mr. Cardenas: Yes. Mr. Plummer: Then, if that will be, can that suffice? Sergio? Guard railing, what can we put there to protect the safety of the pedestrians? Mr. Rodriguez: We have a different position on this, that you might want to consider, which is one that the applicant has not considered. The position that we had from the beginning originally was, do not touch the banyan trees, do not touch the swale area, and put two lights, one on 33rd, and one on 34th, and there is no waiting lane and people will have to wait to make a left, and that's it. Affected traffic, let the traffic be affected, but not the people's safety, and that is the position that we have taken. Mr. Emilio Rodriguez: Commissioner Plummer. Mr. David Plummer: We have looked into the dual light alternate. Two things are wrong. Number one, we don't have the volume to warrant a signal at the second location, 34th Avenue. The second one, with that alternate, what it does, it asks people to drive behind those buildings, and run parallel to the buildings at the back of Miracle Center, adjacent to the neighborhoods in the back, and the noises and the other things that would go with that, we feel are unacceptable. The neighbors feel unacceptable and the DOT will not permit it that way. This is the alternate that's been permitted by them. It takes in account a balance between motor vehicle safety and pedestrian safety. This man asked me to point out that sidewalk in that area there, is no closer than allowed in the zoning ordinances in the City of Miami. We have to balance the pedestrian needs with the other needs. Could we raise the curb four or five inches in between the driveway, the DOT tells me they wouldn't allow it, because it will not make much of a difference and they don't think it's acceptable. Mr. Plummer: Well, then have the DOT tell me what they can provide for safety for the pedestrians on that sidewalk. Mr. Cann: Commissioner, first of all, a 12 foot curb is going to cause another trip and fall hazard for people who are either going up or down the curb, we feel. Putting a guard rail adjacent to the curb is going to be installing another fixed object to be hit. The only way we can put any kind of fixed object behind the curb is to put it four feet back. It puts it in the middle or further than the middle of the sidewalk. Our standard urban design for a highway is to have six inch curb and gutter with a sidewalk immediately behind Jf it and that's based on our safety standards and this is what we do everywhere in municipal urban construction. We don't see a problem with it. And very 182 January 26, 1989 " h honestly, the concept of shifting these lanes over to the south, was initiated by DOT. Mr. Plummer: Question of the Administration. Is this for a conditional use? Mr. Olmedillo: No, sir, this is a major use which has a development order issued by this Commission. Mr. Plummer: Can we put a stipulation of a one year review? Mr. Olmedillo: We certainly can. But it is not before you this time. I think that has to be through advertising and bringing it back to the Commission and you making a decision. Mr. Plummer: In one year. Mr. Olmedillo: No, I mean that particular condition. I defer to the Law Department on that. Mr. Rodriguez: I think you might be able to approve this for a one year period, this particular solution. Mr. Plummer: Let's try it. Mr. Rodriguez: Not relocating trees. Mr. Plummer: Hello? Is there anybody home? Mr. Emilio Rodriguez: Mr. Plummer. Mr. Plummer: Yes, sir. Mr. E. Rodriguez: I'd like to make some kind of clarification here. My name is Emilio Rodriguez, I'm the owner of the Camara shop across there, and you talked about safety and you were concerned about people walking the sidewalks? I've got a couple of photographs here I'd like to show it to you, please. As you can see, you asked about how far it is going to be around there? That is an automobile right in the swale, and I'd hate to be one of those guys walking the sidewalk when one of those cars is going about 40 miles an hour, 30 miles an hour, trying to beat the yellow light, especially when they have to make a right turn, I mean sway a little bit to the right to get into the turn lane. Sooner or later somebody is going to go over the sidewalk and it's going to — hit somebody and then we are not going to have a rear end condition, we are going to have some dead people there. Mr. Cardenas: Then you better not walk better between 12th Avenue and 27th - Avenue because that's exactly the width of the buildings to the sidewalk and the sidewalk to the street. _ Mr. E. Rodriguez: Then I won't walk there either. But conditions exist and the possibilities exist. The fact that it hasn't happened yet, it doesn't mean it is not going to happen. Mr. Plummer: I don't understand why they can't put a guard rail right in here, I just don't understand that. David. Mr. Dawkins: This is J.L. Plummer's car. Nobody else parks on the grass but J.L. Plummer. Mayor Suarez: It is J.L.'s Cadillac before he had it painted, right here on the swale. = Mr. Plummer: It's the wrong color. Tell me why we can't have a guard rail right here if that street is coming right up to there? I don't understand why } we can't put a guard rail. Mr. Cann: Again sir, installing a guard rail is a permanent fixed solid object. 4' F Mr. Plummer: That's correct. Exactly like you did at the toll booths on I- 95, and you made them so damn narrow, look at them and see what happened. 7 F L83 January Mr. Cann: I understand, they get hit a lot, and that's the point, you put a guard rail up here, it is going to get hit much more often than the car is going to go all the way up the curb. It is another fixed object that we can't allow, because we are liable, we arc respc;..aibl, for it, and it does not meet our safety standards and there is no way in the world that I can legally permit it. Mr. De Yurre: J.L., you know, guard rails, me personally, I am surprised to see the groups here in favor of this, me personally, because when you are talking about what is being proposed here, you know, I am surprised that people haven't objected. I'm looking at a situation where we got the historical aspect of Coral Way. For about two years, how long have they been building that now, for well over a year. It's been a pain, totally throughout. My office is a few blocks away and they've done everything that you can do about impeding the traffic flow, not just taking one lane, but taking two lanes. It has been unbelievable and from what I've heard, you know, the changes that have had to be made inside of the construction and things that I am going to question, because I want to make sure that everything is safety. Mr. Plummer: Excuse me, I sent a memo just for the record, I sent a memo to the Administration seven to ten days ago, questioning seven potential noncompliances of that building. Mr. Cardenas: I've got good news. There was a complete zoning inspection conducted today. You may ask Mr. Genuardi, but the zoning inspection, a thorough zoning inspection was conducted this very day and there were zero violations found on it. Mr. Plummer: I am going to ask before CO is issued that both the architect, the engineer and the construction company submit an affidavit indemnifying this City that everything they have done in that building, has and did meet code. I would ask that of, and I am going to propose that for every structure in the City of Miami. But in this particular case, because allegations have been raised, and they are nothing more than allegations, I'll be glad to furnish you a copy of those allegations, that I am going to ask that that be done, Mr. Genuardi, before the CO be issued. Mr. Joseph Genuardi: Let me just say that this is... Mr. Plummer: They can do that in a 24 hour period. \ Mr. Genuardi: Yes, this is a threshold building which requires a special inspector, and at the completion of the job, we do require a certification and everything is according to code, so we will get it. Mr. Plummer: All right, sir. Mr. De Yurre: You know, I got to pity the people who live behind that building have to wake up with bloodshot eyes. Unidentified Speaker: Right here. Mr. De Yurre: When you see the colors that they put in the that building in the back! Mayor Suarez: Kind of like your jacket, actually. Mr. De Yurre: It is horrendous, but anyway, my feelingis you know, I'm T going to vote B B and I'll tell you, I got to vote against this. I just can't go with this, so I know where I stand right now. d Mr. Plummer: Just for my edification, Albert, what does the mural on the side u of that building represent beside an earthquake? _ Mr. Cardenas: Well, the architect is here. I would much rather have him — answer that question than I. You know, our... 5 Mrs. Kennedy: I thought it was a tidal wave. _ Mr. Cardenas: Art is in the ,eye, of the beholder and I'm sure there's,,.a meaningful message there. , - 104 JawsrY 2 # r �}W r Y qry yP Mr. Plummer: Well, this beholder is still in a quandary. Mr. Cardenas. I will tell you that I know Commissioner De Yurre, that you have not been pleased with the overall situation for a long period of time. We're not here today on the major use special permit, or to review the project. We are here on the one traffic issue involving public safety and that is how do you get ingress and egress to and from the shopping center. All of these experts, the Florida Department of Transportation, the consultants, Public Works, the City Police Department, the various community groups, Senator Gordon, you name them, they've all been through this process and plan "B," under circumstances that you, I understand find irritating, and I'm not challenging that, consider that, you know, because of the existing scenario, plan "B" is the best that can be done out of a difficult situation, so... Mr. De Yurre: Well, who created the difficulty, Al? Mr. Cardenas: Difficulties created by... Mr. De Yurre: Let's face it. You got architects that know what they are doing. You got professionals that right here they know what they are doing, they should have known what they were doing back then when they get into this thing. Let's deal with reality. Right, I know there is difficult now, but who created that? Mr. Cardenas: Well, if you don't vote a plan, one of three things will happen. You are going to have no traffic lights, let Coral Way stay as it is. Mrs. Kennedy: No, the neighbors want a traffic light. Mr. Cardenas: Yes, the neighbors want a traffic light. The only ways the neighbors are going to get a traffic light is with Florida Department of Transportation approval. The only way they are going to get a traffic light with their approval is if you select plan "B." Then, the second issue involved the banyan trees. There were a lot of community groups and neighbors who did not want those banyan trees replaced. Plan "B" respects their opinion and will not replace or touch those banyan trees and they will stay there, so what we're proposing to do is to save the banyan trees, don't remove the banyan trees. We are proposing, number two, to comply with Florida Department of Transportation's request, which is the only way you are going to get a traffic light and that is why all of the homeowner groups that I have cited have favored plan "B." Jack Gordon favors it, everyone favors it. Mrs. Kennedy: We understand that and as soon as you stop talking, if nobody has anything to say, I am ready to make a motion to adopt plan B. Mayor Suarez: Thank you. Mr. Dawkins: What is plan B? Mr. Plummer: That's fine for Jack Gordon who doesn't have the responsibility on his conscience. I'm the one making the decisions. Mr. Dawkins: What is plan "B"? Did you finish? Mr. Plummer: That's my business. Mr. David Plummer: May I explain that for just a minute, because I think k there is some misunderstandings. Mr. Dawkins: What is plan "B"? a Mayor Suarez: Give him a synopsis of plan "B," please, David. t•- Mr. David Plummer: Yes, if you look at plan B, what plan B does in abstract,. EF it keeps the width of the median exactly the same all the way through there so that we don't penetrate the existing median at all, but in order to create area for this, we take the two lanes, and we move them further south, and we thereby are able to widen the median, we don't narrow it one bit and 'Create.a left turn lane. So that point right there, the north edge of the turn ,lane, that's the same existing pavement edge that exists in the median today.. 185 January 26, 1909 r- r. Where's no change in width in the median. If you look at plan "A," the difference is, we punch into the median in order to create the left turn land: That's the only difference. To do that, we have to move the east bound lines further south so we can leave the median exactly as it is. Mr. Dawkins: Do you move any trees? Mr. David Plummer: No. Mrs. Kennedy: Not the banyana. Mr. David Plummer: When I refer to trees it is the banyans, not the othersz The banyan trees are not touched in alternate "B." Yes, we do take, what are the other trees? Mr. Plummer: Black olives. Mrs. Kennedy: Black olives. Mr. David Plummer: The black olives that are along here, we have to relocate them and some we'll miss, but the banyan trees stay exactly where they are in alternate "B," and that's the only difference. Mr. Dawkins: Well, let me ask. Is there anybody that is one spokesperson from the neighborhood who can speak for the neighborhood... I mean, could answer my questions? Are the neighbors satisfied with plan "B," because it is the lesser of all evils, or would they rather not have either plan? Mr. Joe Wilkins: No, we prefer plan "B" because we need a left turn lane in that area. There has to be a left turn lane there, and at the same time those banyan trees have to be protected. Those banyan trees cannot be moved. Mayor Suarez: We have a motion by Commissioner Kennedy. Mr. Dawkins: Hold up. Mayor Suarez: I just want to see if we get a second. - Mr. Dawkins: Come on, I want to hear this gentlemen. Yes, anybody. Yes Ma'am, you raised your hand. Mayor Suarez: Get the other mike or, OK, you've got it, you've got it. Mr. Dawkins: You got that one. Mayor Suarez: You've got the other one if you want it. Mr. Louis Vann: My name is Louis Vann, I live in the Coral Gate area. I`'am _— _ opposed to having make... if plan "B" requires that the two lanes swing over to the right and then swing back to the left to remain on the road, that doesn't sound very sensible to me. I'd like to go in a straight line when I'm going westward. Mayor Suarez: Which is plan "B." Mr. Vann: Well, when I'm going eastward, excuse me. Well, I can't see how you can make people drive on the existing swale and then say you are still going in a straight line. You are making a swing to the right and then swing -- back to the left to get back on the existing Coral Way. And the only sensible thing to me, and I know there is objection, and the State won't allow it;` s z>= to go back to the original idea and remove the required trees that are in. the parkway. i A (BOOING) Mr. Dawkins: Let him have his say, no problem. Jr cX� Mr. Jay Hirsh: I'd like to speak. My name -is Jay Hirsh; I''m here „y representing Dade Heritage Trust. I am a former member of the Heritage xx Conservation Board as well. I think the real issue is the zoning on Corm' - Way. I think that's what caused the problem in the first place and`1 think*'.fit would be very prudent to reconsider zoning on Coral Way.I know that may'.ba ;* 18b January _- - unpopular with some people. This was meant as a scenic highway, that's what the whole issue was about, we are talking about preserving the banyan trees because they preserve the character of Coral Way. The man who just spoke talked about changing the nature of the road. I... ,.o; te,riLly in favor of that myself; however since this project is already built and since it is obvious that the light is needed and so forth, plan "B" obviously presents a much better solution to preserving the nature of the road, but the real problem is the zoning on Coral Way. Mayor Suarez: Jay, I think if there's any project, and I again don't mean to be derogatory about this one, but I unfortunately cannot help but being, that will make us reconsider our zoning on Coral Way, it will be this one, because it was within the zoning envelop, as I know it, and yet there is this massive structure, you know, square on all sides, taking up almost the entire block, so obviously whatever we've got is not enough to keep that kind of thing from being built and... Mr. Plummer: Well, Mr. Mayor, in our defense, it's probably the only parcel on Coral Way that is that large. There are no other parcels on Coral Way that amasses that much property. Mayor Suarez: But you would think that our regulations would prevent the thing from sitting there and taking up the entire property, looks like a giant parking lot. Mr. Plummer: Where? Mr. Hirsh: And without a setback as well. Mayor Suarez: Parking garage, actually, is the word. Mr. Hirsh: Mr. Mayor, without a setback as well, from the street. Mayor Suarez: Yes, without the setbacks or anything, I mean, not to mention the difficulty in getting thorough there during the construction phase of this, I mean, there is no space on the sides for any of the construction crews or anything. They block... I think they are allowed to block one lane. A lot of times they take up all three, they yell at you when they drive by there, you know, and... Mr. Hirsh: I certainly hope something positive can come out of this. The other thing I'd like to bring up is that I understand there was a $20,000 agreement between the developer and the Heritage Conservation Board for improvements to Coral Way. Can you tell me what's happened to that money? Mayor Suarez: We are going to build into any motion that is made to approve the plan that is most acceptable, hopefully, the recommendations of the Heritage Conservation Board be accepted and that includes the $20,000 voluntary proffer, and I don't know that we've decided what we are going to do with that money. Mr. Plummer: Yes, we did. Mayor Suarez: Have we? OK. Mr. Plummer: Yes, not to the Heritage Conservation Board, no. Mr. Rodriguez: Was not for Coral Way. Mr. Plummer: $10,000 went to the Urban League and $10,000 went to the WRAP y program. k Mrs. Kennedy: The WRAP program. _ Mayor Suarez: And for the benefit of the media, that is not related any of the other requirements that they have to pay for, having to do with improvements and so on. This is {< p just the kinds of gifts, let's call them, that we occasionally get from developers and that we try to apply to useful programs of the City. Mr. Jay Hirsh: I think the Commission owes the Heritage Conservation Board a little bit of thanks for that money,if` you designated it to some other cause. Thank you. 187 January 26, 19$9 z ` wj Mr. Plummer: Thank you. Mrs. Kennedy: Thank you. Mr. Dawkins: You're more than welcome, sir. Mayor Suarez: Frankly, I had thought that that was something that they proffered to us, i didn't know that the Heritage Conservation Board had... Joe, they proffered it to you? Mr. Wilkins: I did bring that up last time we were here that that money Man supposed to stay on Coral Way. Mayor Suarez: I thought we were to get it just then, I had not even heard _ that it had been obtained at all. Mr. Dawkins: Don't get into this, let that alone. Mayor Suarez: Anyhow, anything further from the Commission? Mr. Dawkins: Call the roll. Mayor Suarez: Do we have a motion and a second? Mr. Plummer: What is the motion? Mrs. Kennedy: To approve plan "B" and accept the recommendations of the Heritage Conservation Board? Mr. Dawkins: What are the recommendations of the...? What are those - recommendations? Mayor Suarez: So moved. Mr. Maxwell: Mr. Mayor... Mr. Plummer: I'm sorry, what are the recommendations of the Heritage Conservation Board. Mr. Maxwell: Their recommendations were contained in HC-8876 and they... it was essentially the same as plan "B," but there were other conditions involved, some of which were modified the last time. I'll let Planning Department address this specifically. Mrs. Kennedy: Why don't you run through them, Sergio. Mayor Suarez: OK, what other conditions do we build into the motion to clarify what HCB recommended? Mr. Maxwell: I have a copy of the resolution, Mr. Mayor, if they are not prepared yet. Mayor Suarez: OK. Mr. Maxwell: It allows the construction and installation of a traffic signal - and an a left turn storage lane on east bound... excuse me... Coral Way and SW 33rd Avenue. It allowed the relocation of eight existing black olive trees from the Swale area to other locations on Coral Way. It required the applicant to expend $20,000 in cost of landscape materials to re -landscape sites along the Coral Way scenic corridor. You in fact are modifying that7to direct them to expend the $20,000 in other ways. That's what .they were F talking about a moment ago. , .x Mr. Plummer: No, I thought that was in addition to. Mr. Maxwell: No, that would be $40,000. r. Wilkins: M No. Mr. Plummer: That was my understanding.�� Mr. Wilkins: Well, right. I said last time. Mr. Plummer: And did you understand it differently, Mr. Cardenas? Mr. Cardenas: As I understood it, when we were here last time, we pledged $20,000 and we... Mr. Plummer: That was the money that was to go to the Heritage Conservation Board, but we did not alter the $20,000 of improvements to Coral Way. Well, we can clarify that later, because that's got to be voluntarily on their part. Mr. Maxwell: Your motion needs to have that clear now, Mr. Plummer. Mr. Plummer: OK, well then, she's making the motion. Madam, my colleague Rosario Kennedy, if you want this favorable vote, it has to contain the one year review. Mrs. Kennedy: I have no problem with that. Mr. Maxwell: Mr. Plummer, when you've finished, there is one other item. Mr. Plummer: I'm sorry, I thought you were finished. Mr. Maxwell: No. It said that the applicant shall complete the black olive tree relocation and re -landscaping of the scenic corridor within 90 days of issuance of certificate of approval, for that and there were certain findings made, one, that the turn lane can be added without affecting the median planting on Coral Way, especially the banyan trees, so you are changing that position, and also that the turn lane is required to serve adjoining developments possessing one, a minimum of 1,000 off-street parking places and two, generating a minimum of 175 left turn movements to and from Coral Way during the peak hours, and make certain other findings, so what you are doing, is adopting but affirming with modifications HC-8876, those modifications being the $20,000, as I understand it so far, everything else will remain the same and we need to be clear that that is the intention of this Commission. Mayor Suarez: OK, in the form of a motion, we have it in the form of a motion and a second? Mr. Plummer: Well, we have to clarify that one point. Unidentified Speaker: You are leaving out a whole segment to get both of them. That should be in there too. Mr. Plummer: OK, well hold on, you can speak to the motion, hold on. For clarification, Mr. Cardenas, you have to stipulate the clarification in relation to the landscaping monies for the Coral Way as well as the monies for the Urban League and for the WRAP program. That has to be clarified. Mr. Cardenas: We have, as I understand it, Commissioner Plummer, we had pledged at the last meeting and we continue to make that pledge, to donate $20,000 in the way which I broke it down, and that was $10,000 to I believe the Urban League, and $10,000 to... Mr. Kennedy: WRAP. Mr. Cardenas: Right, to WRAP, and then for two, we continue obviously to live -_ up to the Heritage Conservation Board's landscaping commitment, which is self- explanatory. Mr. Plummer: Does that explain it? Hello, Law Department, hello! I'm s s calling collect. Did you hear what he just said? Al, would you repeat it, so that he can tell me that it clarifies the whole situation? :4 Mr. Cardenas: We understand the Heritage Conservation Board's statement regarding the landscaping fund and we have said that we understand your adopting that and we obviously are going to live up to that. In addition to; that, and separately, we pledged at the last meeting, and we restate that R pledge here this evening that we will make $20,000 of contributions to the community, $10,000 designated to the Urban League, and $10,000 to the WRAP program. � �. F t Ski 189 Jar►uary 26, 1989 r _— - -- - - -7- P-M - Mr. Plummer: Does that clarify it? Mr. Maxwell: Yes, $20,000 for land... That does clarify, -so what you're doing is affirming the HC board's resolution with modifications. Mayor Suarez: OK, we have it in the form of a motion and a second. Any further discussion? Ms. Hirai: Need a second, Mr. Mayor. Mr. Plummer: Fully understanding that the motion contains a one year review. Mr. Cardenas: No, well, that wasn't my understanding. I mean, what are... I don't see how we can procedurally do that in a way that would be acceptable to the City or to us. For one, the major use permit is not at issue here. To modify it would require a public hearing, properly advertised. Mr. Plummer: What happens if this program doesn't work? Can't change it unless you have that review. Mr. Cardenas: Well, we are going to, well, we... Mr. Plummer, we are entering into these commitments to spend the money up front. You know, the landscaping commitment, the contributions to the community, based on something that the Florida Department of Transportation has stated it is the only way it can work. If it doesn't work, DOT has to fix it. It's their jurisdiction, their road, and they have an obligation jurisdictionally as you do. Mr. Plummer: There's one other alternative that you don't want to hear, and that is, reverted back to what it was today. Mr. Cardenas: Commissioner, my point to you that legally DOT will not give us a permit to install a light which is subject to when you are doing all of these things, subject to review in one year. It's not an acceptable clause to them, so we here we are making a pledge to you, we go back to them. Same thing happened last time. They say you don't get your permit. I'm just, I'm telling you the way it is. I mean, I... Mr. Plummer: Will the gentlemen from the DOT stand up there, please? Sir, you are saying that the opportunity of this Commission to review in one year is not acceptable? Mr. Cann: The opportunity to review is acceptable to us any time. What I think is being said, that once DOT issues a permit for a change to Coral Way, we buy it. It's our responsibility if there's problems out there, there is — increased accidents, there's unsafe conditions. It is our responsibility to fix it. Yes, you can review it and that would help us. Mr. Plummer: That's all I've asked for is a one year review. Mr. Cann: We've got no problem there with that. Mr. Plummer: Fine. Mr. Mansol Wilkins: Mr. Plummer, how about a chance on getting a third item in there? s Mr. Plummer: Sir, you can speak after we get this motion clarified. Mr. Wilkins: Oh, OK, all right. Mr. Plummer: And it is up the Mayor He's running the meeting. Mayor Suarez: OK, with that understanding, we have a motion and a.second, do we not? = Ms. Hirai: Need a second, Mr. Mayor. Mayor Suarez: Need a second. Mr. Plummer: I'll second the motion. Mayor Suarez: Call the roll. �y 190 Yu r Mr. Plummer: No, excuse me, Mr. Mayor. This gentlemen has asked to speak. Mayor Suarez: I thought you Were saying that you know he was going to address another issue? Mr. Wilkins: I would like to bring up a 3rd party there. There are some of us that don't want either one. Mayor Suarez: OK, sir. Mr. Wilkins: I say leave it just like it is. If they don't want an accident on 34th, put a no left turn. Mayor Suarez: Give us your name first, and address, please, so we have it on the record. Mr. Wilkins: I'm Mansol L. Wilkins, I live at 3271 SW 16th Terrace in Coral Gate. I believe in leaving it just like it is, it is a beautiful road,'I don't believe in changing. I don't believe in increasing the possibility of accidents. If you don't want any accidents on the backup on the tailgate, put in a no left turn, east bound at 34th, that will take care of it. That will stop all of it, won't cost a thing. Just leave it like it is. I think a lot of them believe me. Mayor Suarez: Anyone else? Sir? I'm sorry, Ma'am. Ms. Doris Scheer: My name is Doris Scheer, I live at 1840 Coral Gate Drive. I'm a vice president of the Coral Gate Homeowner's Association. In November Matthew Schoenberg attended a board meeting and explained in great detail plan B to us. At this board meeting we voted our approval for this particular plan. I have heard a lot of negatives tonight about a lot of things that are happening and I'd like to go on record now, and I know this is coming up for vote, but if you'll give me one minute, I'd like to go on record now thanking, thanking, Matthew Schoenberg of Miracle Center and Debbie Orshefsky, his attorney. They have consistently and thoughtfully worked with us during the planning and construction of Miracle Center. They have shown sensitivity to our qualms, or fears, our requests and sometimes complaints. Most of our residents are anxiously looking forward to the opening of Miracle Center. A new world of activity will be available. I've even heard the project called Disney World next door. While we realize the future may bring other situations, traffic, so forth, to the forefront, we feel very secure in knowing that a call to Matthew Schoenberg will provide immediate solution. We say to Miracle Center in all sincerity, welcome neighbor, and we wish you tremendous success. Thank you. Mayor Suarez: Thank you for your statement. OK, sir, final statement? Mr. Plummer: Debbie, you write real well. Mr. Oscar de Cardenas: My name is Oscar de Cardenas, 8565 _ Lane, Miami. I said like the gentlemen before me said, that I would leave everything like it is. Why we are going to change all Coral Way just for one tenant? When they made the building, made the project, why they don't figure out how they are going to put the people inside the building? That's not our problem, it's their problem. Why are they going to close my store in the way they are making things. Nobody wants to go inside a store where we don't have a left lane anymore. We've got high traffic. We don't have a swale. It's really hard to get in and out of my store if you use the plan they are offering. Mr. Plummer: Where is your store? ?ss Mr. 0. de Cardenas: It is the convenience store right in front of 33rd.' Mr. Plummer: Why would that make it difficult for to get in and out? Mr. 0, de Cardenas: After they take the swale and everything. y Mr. Plummer: I don't... Mr. 0. de Cardenas: And the traffic light in the middle of my drivewayl traffic light. 'des �i i th' 191 January 26, 14019 t - Mayor Suarez: Lieutenant, I think the lieutenant wants to say something about that. Mr. Cardenas: Mr. Mayor, the owner of the convenience store is here as well. Mr. Plummer: Well, you have two individuals, one the owner of the store, or the land, and one the owner of the store. Lt. Longueira: Mr. Mayor and Commissioners, the Police Department is taking a position that we need the left turn lane, and to consider not putting a lane and leaving it the way it is, we feel that's going to cause those vehicles to stack up on that inside lane. What you are going to get is east -bound traffic at the last minute attempt to change lanes, make contact with the right rear of another vehicle and for sure you will have vehicles ejecting over the sidewalk into the pedestrians. You've got to provide a left turn lane so they can stack off the through traffic. By the redesign in front of the Seven - Eleven, it is also going to redesign that driveway, which is too big now. It has no definition on how it should work and we believe that the redefinition of that driveway into that facility will improve pedestrian traffic across that sidewalk in front of the Seven -Eleven. Mr. Plummer: I think every Seven -Eleven in town has that problem. Lt. Longueira: And it is a problem. Mayor Suarez: OK, two last statements, please, we've got other items. Mr. Jay Smith: My name is Jay Smith and my address is 100 SW 29th Road. When we met here several years ago prior to Coral Way becoming a scenic route and belonging to everyone in the State of Florida, the Department of Transportation said we have to cut down nine percent... may I have your attention, please? The Department of Transportation said we have to cut down nine percent of those banyan trees. Mrs. Kennedy, may I have your attention, please? Mrs. Kennedy: One second. Mayor Suarez: Go ahead, proceed, sir. You sometimes don't even get a full Commission here. You have to go with whatever we can. i Mr. Smith: We have to take nine percent of those banyan trees in order to provide clear visual access for left hand turns. We said, OK, you have other alternatives besides cutting down the banyan trees. You can put up no left turn signs. You can block off some of those... Mayor Suarez: No U turn signs? Mr. Smith: Yes. The Department of Transportation, during all of this time, has done nothing about that. In other words, the Department of Transportation has said, either we cut down trees, which is all we know how to do, or we don't do anything. Now, the real issue here is can a top law firm in Miami tell the Commission, we suggest that a $10,000 donation to a worthy cause will allow you to do just about anything you want to do in the City of Miami. Those banyan trees belong to everybody and I don't think they are negotiable. Mr. Plummer: This plan that is before us which we are about to vote on does not alter the banyan trees by a high priced law firm on anyone else, so I don't know what your statement is all about. Mr. Smith: I believe that there is to be an opening between banyan trees where there is to be another access, another turn? Mr. Plummer: Sir, if there is, I would like to know about it. Can you show it to me on the plan, because they are bound by this plan. Mrs. Kennedy: Yes, it does not. Mr. Plummer: There is none to my knowledge, sir. , Mayor Suarez: OK, sir,h' 1 192 January 26, i989 h hQ fr k fi Dr. Martin Bilsker: My name is Dr. Martin Bilsker, I'm speaking partly for my parents who live at 1820 SW 32nd Avenue in Coral Gate and my office is at Jackson. There are some other issues you haven't considered, when you mention the zoning that allowed a block building like this. There have been rumors intermittently over many years of both building another such building on the theater property east of this building and on the property west of this, where the Sears employee parking is and several small buildings, which would be two other locations that would be feasible to build such a building. And I think in your consideration of this left turn lane, the possibility of other such structures needs to be taken into account, because it will multiply the problem. Now, there are a couple other alternatives that may have been discussed somewhat before but it might be reasonable alternatives to add to the ease in making a left turn. One would involve using the present left turn lane at Coral Gate Drive and having the developer use, or purchase, or have the City facilitate using an access through the Sears employee parking lot to reach the parking area at the Miracle Center. Another would be using a vacant lot which exists opposite the west edge of the building as a right turn holding area with a light there to go across Coral Way for access to the building. Both of these could be considered and may be better for future planning, because they would also accommodate a possible future building there, whereas this one may not. Mayor Suarez: I don't know that we are ever going to have a future building quite like this over there, or that we'd want one, but they certainly ought to convey all of those suggestions, and I guess they would take notice of these, in case that should ever happen. There might be ways to make this work a lot better. OK, Commissioners, we have a motion and a second. Any further discussion? Joe, you're finished? Call the roll. Mr. Plummer: Mr. Mayor I wish to make a motion after this one is passed. Mayor Suarez: Yes. Mr. Plummer: On this issue. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 89-108 A RESOLUTION, WITH ATTACHMENT, RESCINDING RESOLUTION NO. 88-1212; MAKING FINDINGS; AFFIRMING AND MODIFYING THE DECISION OF THE HERITAGE CONSERVATION BOARD, RESOLUTION EC-88-76; OCTOBER 25, 1988, AUTHORIZING A CERTIFICATE OF APPROVAL FOR THE REMOVAL OF EIGHT BLACK OLIVE TREES ON THE SOUTH SIDE OF CORAL WAY (SW 22ND STREET) AT SOUTHWEST 33RD AVENUE, WITHIN THE CORAL WAY - SCENIC TRANSPORTATION CORRIDOR, ESTABLISHED BY ORDINANCE NO. 9897; ADOPTED SEPTEMBER 20, 1984; THEREBY ALLOWING CONSTRUCTION AND INSTALLATION OF A TRAFFIC SIGNAL AND LEFT -TURN STORAGE LANE ON EAST BOUND CORAL WAY AT SOUTHWEST 33RD AVENUE AND NECESSARILY REDUCING THE SWALE AREA ON THE SOUTH SIDE OF CORAL WAY TO ACCOMMODATE TWO EAST BOUND THROUGH LANES; ACCEPTING THE PROFFER OF THE APPLICANT, FORT SCHOENBERG PROPERTIES, INC., TO DONATE TEN THOUSAND DOLLARS ($10,000) TO THE URBAN LEAGUE OF GREATER MIAMI, INC. AND TEN THOUSAND DOLLARS ($10,000) TO PROJECT RAP; SUBJECT TO ONE-YEAR REVIEW OF THE PROJECT FROM THIS DATE; RETAINING ALL OTHER CONDITIONS OF THE HERITAGE CONSERVATION BOARD RESOLUTION 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 Plummer, the resolution was passed and adopted by the following vote: —� _X s 193 3enuarf 26, 1909 `{'t 1-7 ASS: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ASSENT: None. Mayor Suarez: Commissioner Plummer. Mr. Plummer: Mr. Mayor, I'd like to instruct the Planning Department to immediately instigate a study of the remaining properties on Coral Way, especially those large parcels between 32nd and 31th Avenue. There is no May that that street can carry more than what it presently has. If we were to have three more of these structures between 32nd and 37th, I'm telling you it would be absolute chaos. These buildings existed under present zoning regulations that allowed it, and far as I'm concerned, I think we need the Planning Department to do a study for the reduction of the remaining parcels in that area and bring it back before this Commission on March 23rd, I so move. Mayor Suarez: So moved. Mr. Dawkins: Seconded and under discussion. Mrs. Kennedy: Second. Mayor Suarez: Seconded, thirded. Mr. Dawkins: If they bring a report back to this Commission and this Commission does not have guts enough to sit up here and tell the zoning lawyers when they come up here, no, it's useless... (APPLAUSE) _ Mr. Plummer: Excuse me, I am told by the City Attorney that the motion on -`' item 18 did not contain the one year review? Ms. Hirai: You had said it should, so I wrote it in. Mr. Plummer: It is in there? Ms. Hirai: Yes, sir. Mr. Plummer: Thank you. Mayor Suarez: We have a motion and a second. Call the roll on bringing back the study that would do precisely what you suggested and I think this Commission has the backbone to carry it out. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-109 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE TS PLANNING DEPARTMENT TO IMMEDIATELY CONDUCT A STUDY OF fit. „ THE.REMAINING PROPERTIES ON CORAL WAY (AS SPECIFICALLY OUTLINED DURING DISCUSSION OF AGENDA ITEM 18), ESPECIALLY LARGE PARCELS BETWEEN SW 32 AVENUE AND SW�- 37 AVENUE, FOR POSSIBLE REDUCTION OF THE REMAINING PARCELS ON THAT AREA; FURTHER REQUESTING THE CITY4r�; MANAGER TO COME BACK WITH A RECOMMENDATION BY MARCHz 23, 1989.E i Upon being seconded by Commissioner Dawkins, the motion Was'passedi Adopted by the following vote: y an+ a Aftal Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. A$SENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Dawkins: I sincerely hope that the Mayor is right, because I will be voting no, and I hope there is three votes up here. I vote yes. COMMENTS AFTER ROLL CALL: Mayor Suarez: OK, anything further on this item? Mr. Cardenas: I just better get a public relations agent. Mayor Suarez: Bye bye, start to public relations by... Mr. Dawkins: You got one, Jeb Bush. ------------------------------------------------------- NOTE FOR THE RECORD: Agenda item 19 is moot due to outcome of action taken on item 18. ------------------------------------------------------- ----------------------------------------------------------------------------- 33. STATUS REPORT ON IMPROVEMENTS BEING MADE AT ROBERTO CLEMENTE PARK: Discussion. Mayor Suarez: Item 15, Commissioner Kennedy. Mrs. Kennedy: Mr. Mayor, I just wanted an update on where we are with improvements at Roberto Clemente Park. Mayor Suarez: Please give us a quick update on that. I know that Ron Williams was ready to give it before. How are you doing on that study? I mean, what can you report on the park, Ron? Mr. Ron. Williams: Essentially, Mr. Mayor, Commissioner Kennedy, out of the total number of 12 parcels, we are moving along pretty well. We're basically got seven at this point in various stages of acquisition. Three we are still having positive negotiations on, and one we've asked Law Department to assist Only � in terms of condemnation. at this y one parcel point is in a state where we are not sitting down with the owner. We did send a certified letter to the Is owner and have not gotten a response from that, but of the 12, we are at least proceeding along, seven of course... Mrs. Kennedy: And out of the six that you are proceeding along, what is the F¢; time table? , Mr. Williams: We expect, optimistically, Commissioner Kennedy, to have this 4S entire process completed by July of this year. The only possible problem to that as we see could be the lengthy condemnation issue, but the rest of them are proceeding. Matter of fact, I got a recent update this afternoon and we received one back signed by the owners today, so it's really spreading,ond we s= expect that the rest of the owners will cooperate and work with up.. Mrs. Kennedy: OK, thank you. 19� --------------r-------------------------------------.ice-.ra--- 34. 1989 GRAND PRIX: A) Approve grant agreement for pass -through B) Waive u.�ilding and zoning fees. C) Street closures, area restricted to peddlers, etc. for 1989 through 2000 D) Waive dockage fees at Bicentennial and FEC E) Allocate $15,600 - minor alterations to racecourse payment. F) EMERGENCY ORDINANCE: Increase appropriations ($15,600) for sidewalks and streets. ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor, I've asked, if I could very quickly, I think all of you have, in relation to the Grand Prix Race, which has to be passed in front of you. (AT THIS POINT, COMMISSIONER PLUMMER READS RESOLUTION INTO THE PUBLIC RECORD. SEE R-89-110 HEREINBELOW.) Can I take all of these except the ordinance in one? I so move. Mr. Fernandez: No. Yes, go right ahead. Mr. Plummer: (PROCEEDS TO READ R-89-111, R-89-112) I'm sorry, I'm told now I got to do them one at a time. (READS R-89-110) Mrs. Kennedy: Second. Mr. Plummer: Mr. Mayor. Mayor Suarez: We have a motion and a second? Mr. Plummer: Yes. Mayor Suarez: And we are not going to get into one of those J.L. Plummer discussions for 45 minutes on this one? Mr. Plummer: Sir, I plan on just reading this all right through. Mayor Suarez: I figured. OK, we have a motion and a second. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: i RESOLUTION NO. 89-110 j A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 1 MANAGER TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $300,000, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND IN ACCORDANCE WITH GRANT REQUIREMENTS, PROVIDING FOR THE FUNDING OF THE PASS -THROUGH GRANT WITH THE STATE OF FLORIDA FOR THE STAGING OF THE 1989 GRAND PRIX. (Here follows body of resolution, omitted here and on - file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez f NOES: None. U ABSENT: None. Mr. Plummer: (COMMISSIONER PLUMMER READS RESOLUTION INTO THE PUBLIC RECORD. — SEE R-89-111 HEREINBELOW.) I so move, + ` .a — Mayor Suarez: So moved. _ 196 Anil - K �4p f Mrs. kofthedy: Second. Mayor Suarez: Seconded. Any discussion? fall the roll. The following resolution was introduced by Commissioner Plummer# who boved its adoptions RESOLUTION NO. 89-111 A RESOLUTION WAIVING ALL BUILDING AND ZONING PERMIT AND CERTIFICATE FEES REQUIRED OF THE EVENT PROMOTERS FOR THE 1989 GRAND PRIX. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: (COMMISSIONER PLUMMER READS RESOLUTION INTO THE PUBLIC RECORD. SEE R-89-112 HEREINBELOW.) I so move. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-112 A RESOLUTION CONCERNING THE 1989 MIAMI GRAND PRIX TO '- BE CONDUCTED BY MIAMI MOTORSPORTS, INC. ON MARCH 4 AND S, 1989 PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS r BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES; ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; k FURTHER PROVIDING THAT SUCH CLOSURES AND PROHIBITIONS r> SHALL BE APPLICABLE FOR SUBSEQUENT GRAND PRIX EVENTS f` HELD THROUGH THE YEAR 2000; SUBJECT TO AND CONTINGENT UPON THE SPONSOR'S COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING ASSURANCES THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. (Here follows body of resolution, omitted here and.on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed �� and adopted by the following voter AYES: Commissioner J. L. Plummer, Jr. v tr Commissioner Rosario Kennedy#y� .. Commissioner Miller J. Dawkins 3r�r Vice Mayor Victor De Yurre Mayor Xavier L. Suarez x NOES: None. . ASSENT: None. "_ a- < _ S .���'"'rc'SC 4 Y ^' _ y Mr. Plummer: (COMMISSIONER PLUMMER READS RESOLUTION INTO MLIC IMCOM SEE R-89-113 HEREINBELOW.) I so move. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? The following resolution was introduced by Commissioner PlumiseP, who moved its adoption: RESOLUTION NO. 89-113 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,700 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER DOCKAGE AND MOORING FEES FOR CRUISE SHIPS AND OTHER VESSELS AS MAY BE MOORED IN SLIP 3, LOCATED BETWEEN BICENTENNIAL PARK AND THE FLORIDA EAST COAST RAILWAY (FEC) PROPERTY, IN CONNECTION WITH THE 1989 MIAMI GRAND PRIX TO BE CONDUCTED BY MIAMI MOTORSPORTS, INC. ON MARCH 4 AND 5, 1989; SUBJECT TO AND CONTINGENT UPON SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: A Resolution allocating funds not to exceed $15,600 to cover 1 minor alterations to paving surfaces that are part of the racecourse. I so move. _t t Mrs. Kennedy: Second.' Mayor Suarez: Moved and seconded. Any discussion, call the roll. + The following resolution was introduced by Commissioner Plummer, who —t moved its adoption: } RESOLUTION NO. 89-114 r" A RESOLUTION AUTHORIZING AN EXPENDITURE NOT TO EXCEED _= $15,600 AS REIMBURSEMENT TO MIAMI MOTORSPORTS, INC., i; FOR THE MILLING OF BISCAYNE BOULEVARD BETWEEN n# NORTHEAST 7 STREET AND NORTHEAST 8 STREET, WITH FUNDS _( TO BE PROVIDED FROM THE CAPITAL IMPROVEMENT PROJECT ENTITLED "RENOVATION OF SIDEWALKS AND STREETS - FY 088-089", PROJECT NO. 341159. (Here follows body of resolution, omitted here and on d file in the Office of the City Clerk.) #s t' Upon being seconded by Commissioner Kennedy, the resolution was P+as9d w�y3 and adopted by the following votes ji 43t `r'�•,ri • 47�1$'1F,}5 J J Mrs, Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion, call the roll, AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10521, ADOPTED NOVEMBER 17, 1988, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED "RENOVATION OF SIDEWALKS AND STREETS FY 188-089" PROJECT NO. 341159, IN THE AMOUNT OF $15,600, FROM THE INTEREST EARNINGS GENERATED BY THE SALE OF THE NEW PORT OF MIAMI BRIDGE LAND SALE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy ' Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez s r NOES: None p ; ABSENT: None. w `a*=.: Whereupon the Commission on motion of Commissioner Plummer and 'secondeds by Commissioner Kennedy, adopted said ordinance by the following votes A AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Lf Vice Mayor Victor De Yurret Mayor Xavier L. Suarez' s ; NOES: None.r li ABSENT: None. Y F SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10542. tr { Commissioner Plummer read the ordinance into the public record. and1 announced that copies were available to the members of the City Commission and to the public. z k F, COMMENTS MADE DURING ROLL CALL: sr� Mr. Dawkins: Why is this an emergency? i i i F,s,wrrar Mr. Plummer: Because the work was done today. Mr. Dawkins: Of all people, I didn't expect that out of you. x °r c, 3 ,i',^�`���"wr�•";Nt - iiiii3�.li.�►iiri—a�—a�r��f�irr—�' _ .. . 3S. BUDWEISER REGATTA: Approve and recommend City's application to Tourist Development Council and Metro -Dade County for $100,000 grant for Unlimited Hydroplane Regatta; authorize acceptance of funds for certain services in connection therewith; allocate funds from FY 189 Stadium Enterprise Budget for said event. --------------------------------------------- ------------------------------ Mr. Plummer: One more, Mr. Mayor. (COMMISSIONER PLUMMER READS RESOLUTION INTO ti THE PUBLIC RECORD. SEE R-89-115 HEREINBELOW.) I so move. Mayor Suarez: Moved. Mr. Dawkins: No. Mrs. Kennedy: Second. Mayor Suarez: Seconded, and one no so far. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-115 A RESOLUTION APPROVING AND RECOMMENDING THE CITY OF MIAMI'S APPLICATION TO THE TOURIST DEVELOPMENT COUNCIL AND METROPOLITAN DADE COUNTY FOR A $100,000 GRANT IN SUPPORT OF THE 19TH ANNUAL MIAMI BUDWEISER UNLIMITED HYDROPLANE REGATTA ("REGATTA") TO BE HELD JUNE 2 - 4, 1989 AT THE MARINE STADIUM; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH GRANT AND TO EXECUTE THE .!. NECESSARY DOCUMENT(S) IN A FORM ACCEPTABLE TO THE CITY r ATTORNEY, WITH METROPOLITAN DADE COUNTY TO IMPLEMENT i SAID GRANT, IF AWARDED; FURTHER AUTHORIZING THE EXPENDITURE OF FUNDS FOR CITY STAFFING AND SERVICES AND FOR THE PROCUREMENT OF GOODS, SUPPLIES AND SERVICES REQUIRED FOR SAID REGATTA, ALLOCATING FUNDS j: THEREFOR IN THE AMOUNT OF $87,750 FROM THE FY 88-89 MARINE STADIUM ENTERPRISE BUDGET OF THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES. (Here follows body of resolution, omitted here and on k' file in the Office of the City Clerk.) a,w c ' x Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: j AYES: Commissioner J. L. Plummer, Jr. — Commissioner Rosario Kennedy ` Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre t _(! Mayor Xavier L. Suarez _ f NOES: None. ABSENTa None. a aJt s r x> µt 7} V r RU a7Y i., P f 't 36. DISCUSSION request of Coral Way Associates Limited and Decorative Arts Plaza Inc., developers of the Miracle Center Project to restrict vehicular access to SW 33 Ave. from SW 21 Street on a permanent basis. (See label 38). Mayor Suarez: Someone tell me what item we are on, please? Mr. Fernandez: Twenty. Mr. Jim Kay: Item 20, Mr. Mayor. Mayor Suarez: OK, what's the... Mr. Kay: The item is a street closure of SW 33rd Avenue, just south of 21st Street. Over a year ago, the developers of Miracle Center were directed to close 33rd Avenue for a one year trial period and get back with all of the neighbors for this closure so that we would end up with a permanent closure. They took a vote on it. The total count was from the questionnaire, from the mailouts, 332 property owners who are in favor of the construction of the permanent barricade, 167 were opposed. Mr. Plummer: Let me ask a question just for the record, because it was asked of me. What is the difference if you put that barricade... I've got to get up to show you. I really don't see this here, but I am asking ... (INAUDIBLE) ... What is the difference if we put a barricade here or you put the barricade here? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I understand that, but is there any difference if you put the barricade here, giving you more adequate room than a cul-de-sac, or putting it here? Mr. Kay: Traffic -wise, there is really no difference. Mr. Rodriguez: The only thing, Commissioner, I want to remind you is that you got as part of the major use permit, the applicant to do the landscaping of all that area. Mr. Plummer: Well that would still be a requirement of the applicant to do a landscaping area. Mr. Rodriguez: But where? If you move... Mr. Plummer: If you move this barricade to here, that would give you more room for a cul-de-sac than what you do here. Mr. Kay: They are just going to end up... Mr. Plummer: the neighborhood. (INAUDIBLE STATEMENT)... Still does the same here. It still separated. I'm asking. Mayor Suarez: We are getting a lot of comments off the record, including the Commissioner. I guess one consideration is if you close it behind the shopping center where I see it there, the neighborhood is sort of maintained intact, whereas if you move it back, you're sort of taking the shopping center into somebody's property in a sense. I mean, that will end up being the place for people to turn their cars around, and it will be right next to somebody's t property there._ Mr. Kay: The developer is still going to have to end up putting in a T type #f' turn around. There is not room for a full cul-de-sac there. Mr. Plummer: OK. S'. Mayor Suarez: If you move it... Mr. Kay: But as far as traffic goes, it makes no difference, 1 r A 201 January 16. i l Mayor Suarez: If you move it back, the adjoining properties will end up having cars all the time turning around. They will be almost like part of the parking lot of the shopping center, it what it will end up being. Dr. Martin Bilsker: Those two houses face 33rd Avenue. Mayor Suarez: Doctor, give your name one more time. Dr. Bilsker: It's Dr. Martin Bilsker. Those two houses face 33rd Avenue, so you would be cutting off access to the front of those two homes. Mayor Suarez: Yes. Unidentified Speaker: There is no access cutoff to those homes at all. Mr. Plummer: Well, the question was raised by the owner of that property, who is trying to establish the integrity of his property, and that is to the extent that if you went forth with that barrier to the Coral Gate rather than where it is there now, it does not in any way affect his property in any way, shape or form. It was a request to ask it on the record. I have done such, now I am still asking what is the detriment if that were to be done, Mr. Rodriguez? - if there is a detriment. Mr. Rodriguez: The only thing that I want to remind you from the process that we went before, that there was a request by the same property owners to convert to office uses and it... Mr. Plummer: I am very much aware of it. Mr. Rodriguez: ... was a very emotional situation with the rest of the neighborhood that they didn't want that to happen. By doing what you are proposing, you are in reality providing access to those two properties on each side of the street through that road and giving maybe some credence to the possibility of having office use for that property. Mr. Plummer: The question that I have and the question that was brought out, all of the property owners that are on the back side of this shopping center already have a transitional use for the first hundred feet. Now, if that transitional use would allow office space, which I think it would, would this Commission not be smart to allow that, if it was going to be used and can legally be used as an office to make that traffic exit by 33rd and not into the Coral Gate area, that is the question I'm asking. Mr. Rodriguez: The transitional use is not a permitted use, it is a permissible use, so that means that it doesn't necessarily have to be provided to the applicant. They don't have a right to have offices. They would have the right to apply for a class C and in the past was appealed to you and you denied it. Mr. Plummer: Thank you. On the record if the owner of the property wishes I told the owner I would bring the matter up. What you re telling me it is not a matter of automatic right, it is a matter of a right to appeal. OK, thank you. The owner might want to say something more to the contrary. Mayor Suarez: Sir, go ahead and state your name, if you want, sir. Unidentified Speaker: No, I'll wait. Mayor Suarez: No, no, I mean, this is now or never. Unidentified Speaker: Well, I'm not the owner. Mayor Suarez: OK. Does the owner want to make a statement on that at this point? Does anybody want to speak? Ms. Miriam Millar: My name is Miriam Millar, my office is at 3400 Coral Way F and we are the owners of those two properties who has access on 33rd Avenue. We don't like the street to be closed, but if you are going to close it, we request the closing on the intersection, because we don't lose our access to 33rd Avenue, which makes no differepce to the rest of the neighborhood. They don't want the access on 33rd to Coral Way but we do and we'd like to have 202 January '1 r this on the record. It makes no difference to them, they will be isolated from Coral Way on 33rd, but our two houses, the access is on 33rd Avenue and if they do it... Mayor Suarez: Yes, the reason I gave why we might not want to do it at the other end there, was because of the property owner. If the property owner has no problem... Me. Millar: No problem with us . Even I think it's better for the cul-de- sac, because a cul-de-sac on the property line is going to be too close to the entrance to the shopping mall. Mr. Plummer: Well, we've already been told that the street is not wide enough for a cul-de-sac. My next question to the department is, in the next item on the agenda is a proposed traffic plan for Coral Gate. How would it any way this affect that traffic plan which is being proposed, either accepted or rejected by the homeowners? Mr. Rodriguez: Maybe you should hear that traffic plan first and that might help you to make a decision. Mr. Plummer: I think that might be well to do. Mr. Mayor, with your permission, I'd like to hear the traffic plan. Mr. Chuck Hasseler: I'd like to ask a question here. My name is Chuck Hasseler, I'm president of the Coral Gate Homeowner's Association. How does blocking 33rd Avenue affect access to 33rd Avenue by those property owners? I'd like to know that. Mayor Suarez: Well, they could come off the side of their property, presumably, into, that would be a way. Mr. Plummer: At this point they can ingress or egress on 33rd Avenue, the other way... Mr. Hasseler: They can't after the street is blocked at that location there, j can f they? -+ Mr. Plummer: Only by going through Coral Gate. Mr. Hasseler: Yes, and everybody else in the neighborhood has the same problem. � ,rt Mr. Kay: Yes, ;a but once the street is blocked access to their... Mr. Plummer: But if they were to take advantage... no excuse me, the problem is, if they were to take advantage of every property owner abutting the Miracle Center has the right to do, of a transition, OK, the right to apply for that transitional use, you got a lot of traffic to contend with. �i Mr. Hasseler: Yes, I understand that. Well then you would have to have iexcess to ten homes, is that correct? - because ten homes abuts the property, so you are going to block off an area where the ten homes can have access to - the property? - it's silly. Mr. Rodriguez: This will help the two corner lots only, basically, you know. i Mr. Plummer: _ I see that. 203 s r , ------------------------------------------------------------------------------ 37. TRAFFIC STUDY IN THE CORAL GTR NEIGHBORHOOD: Approve Plan "A" proposal for Coral Gate Neighborhood regarding installation of four-way stop signs at intersections of Coral Gate Drive, 20 St. and 21 St. Mayor Suarez: What about the rest of the traffic study? - item 21, we'll take it together with 20. Mr. Jim Kay: It's item 21, OK, they are really taken together. On January 13th, a property owner meeting was held in the Commission Chambers, to consider four-way stops and/or traffic diverters on SW 20th Street and 21st Streets at 33rd Avenue. This was to head off the east/west bound traffic on those two streets primarily during rush hour. After a lot of discussion of the topic and several other items, we came to the general consensus, 46 property owners present, by the way, that they favored the installation of the four-way and three-way stops, I'll show you, rather than the traffic diverters, which was shown on the board as plan "B." We made some other suggestions, one was to post a 15 mile per hour speed limit at the curb along SW 36th Court and 18th Terrace. Other curbs at this subdivisions have 50 miles per hour speed limits posted at 16th Terrace and SW 32nd Court and also at 20th Street and 32nd Court and we felt that this would help to slow down traffic along those curbs because what happens is the cars go around there a lot faster than they should and they travel out the side of the roads. The property owners also made one other point, and that was an old one that we've had a problem with trying to get the County to consider and that is a placement of four-way stops along Coral Gate Drive at SW 21st Street, SW 20th Street and also at SW 17th Street, and this really concludes the study. The property owners want the four-way stops. Mr. Plummer: There was one other area that was of concern, as I recall, in the last meeting and that was the area over on Douglas Road where the thing splits into Alhambra. What happened to that, did it just suddenly disappear, go away, what happened with that? Mr. Hasseler: I think we would be happy with four-way stops... Mr. Plummer: No, I'm just asking what happened to that other proposal? Mr. Kay: That plan was brought before the Commission, and it was rejected. Mr. Plummer: Turned down. Mr. Kay: It was turned down and as a result of that plan, we were told to make the study... Mr. Plummer: OK. Mayor Suarez: Why don't you make, with your name and everything on the record, on behalf of the association, you recommendations so that we have it formally. Mr. Hasseler: My name is Charles Hasseler, I'm president of the Coral Gate Homeowner's Association. I would like to recommend that the Commission adopt the plan of four-way stops and represent us with this plan to the County, which is going to be somewhat of a problem, because we have been trying to do this for about two years now. Mr. Plummer: Let me tell you something, sir. I'm going to make the motion to approve what you are asking for, but at the same time, I'm going to tell you it ain't worth a damn. Mr. Hasseler: Slows down traffic! Mr. Plummer: I live it. I've got four-way stops in my neighborhood and I wish you would stand in my garage and watch the intersection of Tigertail and Halissee. Unless you got a policeman, sitting on that corner, they don't even slow down. Mr. Hasseler: I do, when I go through your neighborhood. 204 January .6, 1909 i <? 7 j z�a r Mr. Plummer: You're one of the 3,000 alto do. That's how I know we geed four- way stops, I go through your nOfthhorhood. Mr. Plummer: I'm voting for you, sir, and I hope it accomplishes more than it does in my neighborhood. Mayor Suarez: OK, that was a motion, I think. Mr. Plummer: Yes, sir, I'll make the motion. Mr. Dawkins: To install the four-way stops. Mr. Rodriguez: So it is approval of plan "A"? Mr. Plummer: I guess! - whatever plan "A" is. Mayor Suarez: That's the only thing before us, I think. Why don't you ask a question, Mr. Vice Mayor. Mr. De Yurre: The issue about closing off the street there, on 33rd... Mr. Plummer: No, that's item 20, we are on 21. Mr. De Yurre: OK. Mayor Suarez: We are going back to the closing of 33rd. Mr. Plummer: We've got to go back to 20. Mr. Dawkins: Second. Mayor Suarez: We have a motion and a second. Sir, do you want to address the motion? Mr. Joe Musial: You are going to talk about closing 33rd Avenue, is that what you are talking about? Mayor Suarez: We are going to get back to that in a second. Mr. Musial: What are we talking about now on traffic plan? There was ,one other item that was... Mayor Suarez: Why don't you give us your name, sir, please? Mr. Musial: My name is Joe Musial, I live at 1920 SW 33rd Avenue. I've lived, — there since March of 1950. Mr. Plummer: Who worked for the City of Miami for 150 years. Mr. Musial: I was here when you passed the so-called temporary closing of _ 33rd Avenue, which at that time, you knew was going to permanent and I _ objected to it at that time. I still object to it and I know it is 'a forgone conclusion it is going to be closed, so let's make the best of it. I know to keep the traffic out of Coral Gate, all you have to do is put a right turn i; only for the exiting traffic from the center and it would direct it out to Coral Way, it wouldn't come through Coral Gate, it would be that simple. You r? wouldn't have to close the whole avenue. There is one item that was brought up at the night we had the discussion on the traffic situation that I haven't heard you mention and that is... as I say, I've lived there since March of ' 1950 on 33rd Avenue. I defy any of you to try to find 33rd Avenue coming from � the north unless you know about where it is, because it comes in on 18th ( Terrace, as it goes around the bend, it changes to 33rd Avenue. In' around the , bend, they have a sign there, 33rd Avenue, but out on the corner, we have to — turn in to get to 33rd Avenue, there is nothing. You turn in on 18th Terrace, . so why in the hell can't you put two signs there, 33rd Avenue and 18th" Terrace. You do it all through the Grove, where the same similar situation. a`7� It's been 30 some years with this situation, everybody coming to my house. I_. say, don't try to find it from the north, you won't find it!a !: !Mayor Suarez: I don't think that is a major problem. I think we could..:.', : �� ;tr y �4C 205 3attt��x} Fj - , Mr. Musial: It was one of the things that was discussed at this traffic situation in Coral Gate, and that's what we're discussing. Mayor Suarez: I see him nodding his head, which means that... Mr. Kay: We'll make that request from the County and... Mr. Musial: I mean, it is a simple thing, we put up a couple of extra signs. Mayor Suarez: You've said it and we've agreed with you. We're going to do it. Anything else? Mr. Musial: OK. I still voice the same objection on the closing of 33rd Avenue, because why restrict the traffic in and out of Coral Gate, if all you are concerned is the extra traffic from the theaters and so forth down there. Do it with the right turn own sign and you'll take care of it, you don't have to close the avenue. Mayor Suarez: OK, we have a motion and a second on the... Mr. Rodriguez: Mr. Mayor, I just want to make sure, if you vote for plan A, it shows four lights in intersection, four stop signs in the intersection with 33rd Avenue. If you make a decision later on to move the closing to the intersection, you might not need the four stop signs. Mayor Suarez: We understand that and we'll so adopt the revision in the other motion if we go that way. Mr. Plummer: As you have right now on Alatka where each of the streets dead into Alatka, it is three way. Mayor Suarez: You certainly wouldn't need a four-way stop sign if we have an island there, OK. Call the roll on that motion. Oh, Bob Valledor. Mr. Bob Valledor: Thank you, Mr. Mayor, I'm Bob Valledor, I live at 3324 SW 20th Street. Until last year, I lived at 1911 SW 33rd Avenue, across the street from Mr. Musial. Mayor Suarez: What did they do, kick you out? -( Mr. Valledor: Yes, they threw me out, I had to go down to 20th Street. The - 1 problem that we have in Coral Gate, which 33rd Avenue and 32nd Court and 34th ( Avenue don't have is the traffic that goes along 20th Street and 21st Street, - and unfortunately, I hate to use this as an example, Mr. Plummer, but we don't want to have another Tigertail problem. We have a lot of people that use 20th - j Street and 21st Street as a short cut. They also use Coral Gate Drive as a -;. northwest route to avoid the intersection and the traffic at Coral Way and Douglas Road. I'd like to suggest that you increase the number of stop signs to include four-way stop signs at the intersections of 21st Street and 20th _ Street, where they intersect on Coral Gate Drive. The object is to try to - slow down the people from coming through. We know we are not going to stop them. We know we are not going to prevent it. We know it is not right to stop the access into Coral Gate, but you need to slow them down, because there is as lot of people coming into the Gate now with young families, and yes, when you see the kids now, it is kind of neat to have them come back. We're very concerned about the traffic coming through and having an accident there, and we just don't want to have another Tigertail on our hands. Thank you. - =' Mr. Kay: Mr. Mayor, what the gentlemen is saying is correct. There was also a very decided vote, urging the City to request Dade County to place four-way = stops at Coral Gate Drive at 21st and 20th Street. In the past, we have met with the County on this, and they have refused to install four-way at those two intersections, but that should not stop us, I don't think, from trying again. Mayor Suarez: That's not part of the motion, though, is it?: j Mr. Kay; No, not at this time.. P5 Mayor Suarez: Well, how do we get that,to be, do you want to include.it?, Mr. Rodriguezc Do you want to include it? j 206 JanuAry t s Mayor Suaren: Can we include that, the moving party accept that? The second? Mr. Plummer: I'm sorry, I didn't hear. Accept what? Mr. Kay: Add to the motion, a four pay stop to be placed at Coral Gate Drivej 20th Street and 21st Streets. Mr. Plummer: I have no problem, but was that taken before the homeowners? Mr. Kay: Yes, that was. Mr. Plummer: And did they agree to it? Mr. Kay: Yes, air. Mr. Plummer: That's fine with me. Mayor Suarez: OK, and the fact that the County has previously rejected, just advise us that maybe we ought to put in a little bit of, I don't want to say pressure, but that's exactly what I mean. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-116 A MOTION APPROVING PLAN "A" PROPOSAL FOR CORAL GATE NEIGHBORHOOD REGARDING INSTALLATION OF FOUR-WAY STOP SIGNS AT THE INTERSECTIONS OF CORAL GATE DRIVE, 20TH STREET AND 21ST STREET (AS PER MAP ON FILE). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. ,F - Commissioner Rosario Kennedy — Commissioner Miller J. Dawkins — Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. -� --------------------------------------------------------------------- -- -- s, 38. (Continued Discussion): Continue consideration of proposed restriction of vehicular access to SW 33 Avenue from SW 21 Street pending legal opinion as to its propriety. (See label 36). ------- -------------------------------------------------- --------------------- _ Mayor Suarez: OK, on the closure, item 20 back to that. We are basically discussing where to locate it. I don't see any problem why the property - owners that are there abutting should not have a chance to empty out onto Coral Way themselves, if that's the way they choose to structure the property and I'd be willing to vote that way. Everyone could vote the other way too, I would think. Js Mr. Jim Kay: It's kind of a toss-up. It would save the construction of .an additional T-turn around on the north side of that barrier that's going•to.be constructed. Mr. Plummer: Which one would any that? Mr. Kay: The one, if the barrier were placed on the intersection, I'w saying�`�hK. we'd just have a street going through there east and west, SW.,21nd'Strept. � u x,: Mr. Plummer: Well, are you saying it's good, or it is not good? What- are yo�t "TYG recommending? 30 u - _ -_ -- Mr. Kay: It would be more desirable, safety -wise, traffic -wise, to place it at the intersection. Mr. Plummer: OK. Mayor Suarez: Sir, did you want to address that? And then, lieutenant, you might... Mr. Russell Nelson. My name is Russell Nelson. I live at 3291 SW 21st Street. That's right across from the corner of 33rd Avenue. I think that 33rd Avenue should be closed off on their property line, on the Miracle Center Building and the reason for that is we would like to restrict access to these two buildings they want to make into offices because if they are allowed come up that, they enter those buildings from that area and make office buildings out of them and we do not want the office buildings there. Mayor Suarez: I think we turned them down on that before and I don't believe anyone here has changed their opinion on that. Mr. Plummer: Just for the record, their right to apply for a class C permit is either way regardless of where you put that barricade. If you put it where it is shown on a map now, they still have the same right to apply for a class C permit under the transitional use. If they put it at the intersection, they have the same right. Mr. Nelson: The homeowners are against it. All of the homeowners have voted against having it moved up to the street line, the group we have. Mayor Suarez: OK. Mrs. Katie Hasseler: May I? Mayor Suarez: Yes, Ma'am. Mrs. Katie Hasseler: My name is Katie Hasseler, I love at 1810 SW 33rd Court. Mr. Plummer, those two houses in the corners are family homes. The entrance right now is available right now, either way, by Coral Gate, by 20th Street or by 33rd Avenue. By putting that closing in that intersection, you are giving them a facility to turn those two houses into office buildings because right next to them, that's what they have, Miracle Center. Mr. Plummer: No, Ma'am, no different, I'm sorry. Mrs. Hasseler: Then what you are going to cause is a domino effect. They are _ going to have an office building in the corner, and so is the rest of that block going and so is the other one going to. - Mr. Plummer: Ma'am, let me correct you so that you maybe let somebody else do it. They have that right tomorrow to apply for a class C permit regardless of =_ where the barricade goes. All of the owners on the back side of that property have the right tomorrow to apply for a class C permit. �_. Mrs. Hasseler: We understand that, but when you are closing it at the intersection, what you are doing is taking those two houses out of that neighborhood into a commercial area. That's what you are turning it into. It's facilitating them into doing that. _ Mr. Louis Vann: Louis Vann, 1851 SW 36th Avenue in Coral Gate. I agree with the young lady who just spoke and we understand that all people do have the right to apply. However, the attractiveness for making those two buildings, or something in its place, office buildings, will disappear of they do not have access directly from Coral Way. Nobody's going to want an office building where they have to go through Coral Gate, one of the other entrances, so their value as possible changes is gone, if they stay inside of Coral Gate: but if you build the barrier on the intersection, that's what you are doing, thank you. 3- Mr. Plummer: Can I stop you for a minute? I think there's something that the, City Attorney has to read into the record. We don't have a choice in this't` I matter. , rirSa. i 208 J+�auay ~x4, lff�} Wx' F M4 t�7 +ry Mr. Fernandez: Section 54-17 of the Code of the City of Miami says that, "The Commission shall have the power after a properly advertised public hearing," which this is, "to require the vehicular access to a particular street be pronioited at an intersection where such prohibition is found to be in the best interest of the public." Mr. Plummer: Are you then, for the record say that we don't have the right to close it at other than the intersection? Mr. Fernandez: That would be my interpretation of the Code, yes. Mr. Plummer: Well, then why are even before us here, I mean... why? Mayor Suarez: Well, we have to decide on a permanent closure regardless, so, did you want to make an address on behalf of... Mr. Armando Perez: Armando Perez, I'm representing the owner at 3585 SW 17th Street. I do believe that the intersection should be left, the closing of the intersection, as originally applied by the people of Miracle Center, because as a commitment there to have a landscaped area and create a parklike feeling, which you will lose if you put the barrier in the corner. In other words, it's not the aesthetic appearance to the neighborhood, that it would be there otherwise. Forgetting aside the matter whether there may be an office use there later on or not, and I do believe that the quality of life in the neighborhood would be downgraded if we go ahead and change the barrier from the present location as is being proposed by the developer to the corner intersection. I am also a consultant to the developer, but in this case, _ speaking as a representative of an owner of a property there. Mr. Plummer: OK, we might not have that option. Mr. Mayor, I would move at this time that this matter relating to the closure, as where it is placed, it be continued, and pending a legal opinion. Mayor Suarez: Pending a legal opinion, whether we have that option? Mr. Plummer: If what I am hearing is we have no choice in the matter, it's got to go at the intersection, and if it does, it's out of our hands. Mayor Suarez: You're saying if we have that. Mr. Rodriguez: You have a way... Mayor Suarez: No, no, I see people shaking their heads. We're saying if we don't have an option, then obviously, we want to know that. If we have an option, then we'll have to make the determination. Mr. Rodriguez: One possibility you might have is that you close it from the intersection all the way down to the property line, and then you close the whole area, which was the original intention of the condition with landscaping, and I thought that was what you were doing at the beginning when you were closing that street over there, in the development order. Mayor Suarez: I see what you are saying. We could theoretically close it at the intersection and landscape it all the way down and prohibit any access from the abutting property owners. Mr. Rodriguez: That is assuming that they have access to 21st Street and my understanding is, that they do. Mayor Suarez: That's interesting too. Why don't you, in connection with the legal opinion, also consider that as an option and recommend back to the Commission. Mr. Plummer: That's fine, I'm just saying that if my hands are tied, let me know it. I don't why you waiting until now to tell me. Mayor Suarez: Just figured it out now, I guess. Mr. Rodriguez: I think you are. Mr. Plummer: I move that item 20 be continued to the next meeting. Excuse €_ me, sir, that I am understanding correctly. There is presently a barrier there, is that correct? 209 January 26, 1969 f x 4 Y � l 1�� Mr. 96driguet: There is a barrier. Mr. Plummer: And that barrier would not be moved until such time as this Commission acts, is that correct? Mr. Rodriguez: Right. Mr. Kay: That's correct. Mr. Plummer: OK, I move that this matter be continued for further information for a ruling by the City Attorney, based on the question he has raised in relation to the Code. Mrs. Kennedy: And I second. Mayor Suarez: So moved and seconded. Any further discussion? Call the roll. Unidentified Speaker: Yes, I'd like to mention something that the City Attorney read, and there is a phrase right in there that said, whatever would be in the best interest in the public. Please keep that in mind. Mayor Suarez: We try to act with that in mind all the time. The following motion was introduced by Commissioner Plummer, who moved — its adoption: MOTION NO. 89-117 A MOTION CONTINUING CONSIDERATION OF A PROPOSED RESOLUTION RESTRICTING VEHICULAR ACCESS TO SW 33RD AVENUE FROM SW 21ST STREET ON A PERMANENT BASIS, PENDING A LEGAL OPINION AS TO ITS PROPRIETY. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins r Vice Mayor Victor De Yurre x r Mayor Xavier L. Suarez a NOES:" None. ABSENT: None. 3 39. DISCUSSION AND TEMPORARY DEFERRAL COMMENCING RESTRICTION OF VEHICULAR ACCESS TO SW 28 ST AT 26 AVE. (See label 41). w --------------- --------------------------------------------------------- ------ Mayor Suarez: Jim, let's do item 22 as quickly as possible, please. Mr. Kay: Mr. Mayor and members of the Commission, a group of homeowners have gotten together, they have petitioned the City for the closure of SW 28th _ Street, just west of 26th Avenue. As per the code, we have sent a mail-out`to all the residents in the area and we now have our public hearings before -you F today. We mailed out responses, we received responses, I should say, from the departments of Fire, Police and Solid Waste. We also received responses from Dade County Public Works, Traffic Section, all of the responses were in the negative on this closure. The primary problem is that number one, the closure will very likely not result in less traffic on 28th Street, if it is, it could `x be very minor between SW 22nd Avenue, 24th Avenue, the increased traffic .could be expected on 28th Street, just east of 27th Avenue, also on 26th Avenue, also on SW 27th Lane and 27th Terrace, the closure is not recommended.p Mr. Plummer: Let me ask a question. Was that the only question asked? lA xk other words, was their any question or alternative given, for example, • iciux� way stop signs? ,rb� 210 Jaauxy :fib, 3` 9 Mr. Kay: No, the only thing that was proposed was the closure of SW 28th Street at that location. Mr. Plummer: So we don't know whether, because I got to tell you, the four way stop, as bad as I think, or as ineffective as I think they are, have had some effect at Calusa, or 24th Avenue. Now, I am wondering whether or note you know, the other question, the other side of the coin was asked, whether or not that would have been worth while. Mr. Kay: The only question put forth was the closure. Mr. Dawkins: Which group is pro, and which group is anti? (APPLAUSE) Mr. Dawkins: That's anti? (APPLAUSE) Mr. Dawkins: All these against? Mr. Plummer: This reminds me of my neighborhood. Mayor Suarez: Jim, did you do a, was a poll done in connection with this? Mr. Kay: No, sir, no. This was just a mail -out about what was done, not on closures. Mayor Suarez: I see. Well, I hope we have representatives from each group so that we can limit the comments and not be cumulative, so... Mr. Plummer: Mr. Mayor, here again, I would like to caution, I have to leave here at 9:00 o'clock, and I don't think we are going to get to any other items beyond this one, if everybody wants to speak two minutes. I don't know how we are going to do it. Mayor Suarez: Why don't the groups on both sides select a number of representatives, please, and give me... Mr. Plummer: We've been here since 8:00 o'clock this morning. Mayor Suarez: ... no more than three on each side and two minutes each to make your presentations. Mr. Carl Lambert: Yes, I'm Carl Lambert, 2500 SW 28th Street. Mayor Suarez: And Madam City Clerk will measure the time. Mr. Lambert: Your honor, we need this barricade, we have a disastrous amount of traffic on this street, as has been acknowledged by the Commissioners before. Since the closure of the other streets, our traffic problem has increased by the volume on those streets. It is very dangerous, the four-way stop does not cure the problem, it only stops them at that time. They have plenty of time to accelerate to a very high rate of speed, going down 27th. The problem is the traffic between 22nd and 27th and we need a barricade right at that time. Mr. Kay noted that the responses from all these respective services were negative, and I assume he is talking about the services in the ordinances that, fire, police, sanitation, all that. I would like for him to explain why a fire truck can't get around a temporary barricade, or where a police vehicle can't get around a temporary barricade that can be moved by an adult with one hand, or a child with two hands. The only thing that fixes - into the ground, if anything, is a sandbag. I witnessed myself Mr. Leonard Helmers, testing the comparable barricades out on Aviation, and ,he checkedf r k}f each one of them and moved each one of them back and forth. That is not.a valid objection. x Mayor Suarez: Well, it does take a little longer, obviously, and the.,other part of the objection, I suppose, is premised on the idea that eventually a 90-day trial period might result in permanent and that's why they might oppose. I can't imagine they oppose so much the temporary, as they.do.the permanency. a 211 Mr. Lambert: Well, if I can address that with... Mayor Suarez: No, 1 am talking about our police and fire. I know you oppose the whole thing, but... Mr. Lambert: Right, but OK, I've sat down with Mr. Turner in the department over there and he has given me a study that Mr. Plummer, who is just a party that is familiar with, is the Seattle Study, and the temporary barricades, which I expect we are getting ahead, I mean the permanent barricades, I think we are getting ahead of ourselves. These could be diverters, they don't need to be the barricades that they have on the other street, but tonight we are here on the temporary barricade. Now, I can't see that they logically cause any impediment to the essential services. We've got people here to talk and tell you how much traffic we have on the streets and I suspect I've run out of time. Mayor Suarez: OK, thank you. One from this side, name quickly, and address, and then your points. Try not to be repetitive, please. Mr. Luis Balerdi: OK, my name is Luis Balerdi, and I'm handing the petitions to oppose by almost everyone on SW 27th Lane. We believe that the City has been consistently granting these barricades on an individual basis, rather than on a comprehensive study for the neighborhood. It is a neighborhood problem that we have, and the end results of this barricade as proposed would be for us to have the existing volume of through traffic on that street, in addition to their traffic now, their through traffic now, plus since, this is going to be the last and only outlet of this neighborhood, to SW 27th Avenue north and US-1 south. All the traffic from neighborhood south and east of us is going to come on our street to exit to 27th Avenue. It is very convenient for other people, it is going to be very inconvenient for us. Our street is only three blocks long from 22nd Avenue on the east to 26th Avenue on the west. There are no stop signs and right now we have problems with... Mayor Suarez: When you say your street, which one are you referring to now? Unidentified Speaker: 27th Lane. Mr. Balerdi 27th Lane. Mayor Suarez: Can you show that on there, Jim? OK, but you would say that is the most affected, because it is the one immediately to the north and the one that sort of transverses? Mr. Balerdi: Right, it is one block north of 28th Street. We have the same problems they do now and we feel that it is very unfair to solve some neighbor's problems at the expense of others. I think that really we need to have a study of the domino effect that that is going to cause, this is going to be the last one, as it is the last exist to 27th Avenue, for people going north and south on US-1 and everybody is going to use it more than what they are using now. Mayor Suarez: OK. Ms. Thelma Aulschuler: My name is Thelma Aulschuler, I'm from the Tigertail Association. I think that the best solution would be to close it all off, I don't think it's fair to have people go from Trapp to Swanson to 28th Street to 27th Lane. I think that if we are going to injure one street, surely it is not fair for it to go elsewhere. We, in the Tigertail Association, November 24, 1987, we sent a letter urging that 28th Street be barricaded and we would like to see that it continue to be barricaded because already the fact that it is open has meant great hardship to the people that are living there. I don't intend to see that the traffic then go over to 27th. I think that between Dixie Highway and Tigertail, there ought to be a residential area. I would like to see it left that way, and I think it would solve the problems for everyone. Mayor Suarez: You were saying Thelma, not only close 28th some of the other ones, that's what you were saying? Unidentified Speaker: That's already closed. 212 Street, but also z o Fj€ Y January 26`- '1189 f f �� Mayor Suarez: All the way up. Ma. Aulachuler. All the way up. Unidentified Speaker: They are already closed. Mayor Suarez: Except for 27th Lane. Unidentified Speaker: They are already closed. Mayor Suarez: Yes, the other ones don't... are they closed because they don't go through, or are they closed... Mr. Plummer: Wait, wait, what is the street immediately east or north of Aviation? Where's Aviation? Show me Aviation. OK. What is the street Immediately to the east of that, one over? Unidentified Speaker: Washington. Mr. Plummer: Washington. Unidentified Speaker: Inagua. Mr. Plummer: Washington? All right, it is not blocked. I went yesterday off Tigertail onto Washington. - INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: What? It is today? Where is it... wait a minute, I can't _ listen when everybody is yelling. Would you let somebody, one person talk? Where was it blocked today? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: OK. Mr. Bob Fitzsimmons Mr. Plummer, it's my understanding they blockedthe street... Mr. Plummer: No, all of those were blocked yesterday. Mr. Fitzsimmons: Right, now they are blocking the ones on 27th Avenue, which - is Andro, I think Lincoln, Trapp and Inagua. They didn't... Mr. Plummer: That one was there yesterday. Is there one now right there on... right behind the Burger King? Unidentified Speaker: Yes. Mr. Plummer: Has that been blocked today? It was not yesterday. Mr. Fitzsimmons: Correct. Mr. Plummer: That one there, is that blocked? Is that in place today? Mr. Fitzsimmons: That was just barricaded today, Commissioner. Mr. Plummer: Oh, OK, because yesterday when I went that route to check it,, in fact, I could use that as an alternative route to 27th Avenue, because it was — open at the far end, and that's how I went out. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.' t Mayor Suarez: OK, let's hear from one more from this side, and then we'll.go- back. Ms. Harriet Fox: My name is Harriet Fox, 2440 SW 27th Lane. I'd like to make ¢' four points. City taxes pay for City streets, therefore all property, tax `e payers in the City of Miami have a right to access, :but are being denied access to roads that are being closed, and I object the denial of access`,to public property. Number two effectively the 'City Commission is granting - private use to public property to the corner lot owners of the streets that _ 213 January 24-1989 )1 y - are being closed. Private use lands have increased from approximately 600, 1,200 square feet, or approximately 10 to 20 percent, for free to the owners at City taxpayer's expense. I object to this form of privatization. At the May hearing, third point, the City Commission, appLuv.:.; tt,.: otiaet North Grove street closings, which were just pointed out on the map, on the condition that the residents pay for the barriers. This was to appease those of us who oppose the street closings, but today I learned that through proper procedures, I understand it was proper, the decision was subsequently overturned and approximately $7,500 of City funds were appropriated to pay for the barriers. I object to this use of City funds. Number four, the alternatives to a City's growth is its death. With all the positive aspects of growth, there are few negative aspects that we have to endure. One of those is increased traffic on all of our roads, including sometimes in the residential areas. In some cases we need to tolerate these inconveniences in our neighborhoods to continue to benefit by the growth that our City has enjoyed in this decade. I object to closing residential streets and I support our City's continued growth. Mr. Plummer: Let me tell you where you're wrong. Ms. Fox: OK. Mr. Plummer: OK? - where we disagree. Ms. Fox: Fine. Mr. Plummer: Residential streets are designed by intent to carry between 400 to 500 cars a day. Main arterials are designed to carry tremendous loads. My big bone of contention in my neighborhood, Tigertail being a residential street, is carrying 3,000 cars a day, and there is no way that that street can be considered safe when you have six times what that road was designed to carry. I say to you, fine, yes, there can always be expected a small increase when you have progress and you have development, but not six times what it was designed to carry, and that's where you and I disagree, because that residential street that I... and please, so that The Miami Herald doesn't get on my case again, it is not my street, it does not affect my corner, and I am looking at it from a block away, but no one will ever convince me that a street that is carrying six times what it was designed to do, can ever, ever be considered safe in anybody's book. APPLAUSE Ms. Fox: And further blocking of these streets will make that a worse problem. Mayor Suarez: Wait, we are going to... Mr. Plummer: You know, every time... Mr. Mayor, I've got to get this off my chest, excuse me. Every time when I go to work in the morning and I sit at the intersection of 17th Avenue and Dixie Highway, where I have only 10 seconds to make a left hand turn to go south, and you really don't have 10 seconds, because you got the stragglers coming off of Dixie both ways, you've got about three seconds and then Dixie Highway gets about four or five minutes of free flow. It is some mornings taking me 20 minutes, being the fifth or sixth car in that turning lane, Now, why do I have to penalized because I chose to live in the City, to allow the City who don't want to live in the City, the right to go through my streets? I'm sorry, but every morning that I waste 20 minutes of my time sitting at that damn traffic light, I burn a little bit more. APPLAUSE Mayor Suarez: He does a lot of rhetorical questions and if you clap, it just delays everything. Go ahead, sir. Mr. Plummer: We agree, but we are not disagreeable. Thank you. Mr. Bob Healey: My name is Bob Healey, and I've lived on 28th Street for 30- years. We refer to it as the Indianapolis Speedway. I've had four animals killed, I've had six cars wrecked, and we even had a death as a result of the traffic there. I'm on corner that you just mentioned, where Calusa and 24th Avenue meet, and they put the four way stops. It's a joke. Nobody stops. We 214 January 26, 1989 have a cop there now, one or two days a week checking it. He could give out 1,000 tickets a day, if he wants. Before they put the stops there, we had a policeman there at least three or four times a month catching the speeders, and it didn't do anything. t mean, maybe they should get that barrier over there too, but it is just turning this whole street into a worse speedway than we have now. We thought we got a break when they moved the firehouse, and then when they used to come across there, my kids almost got killed and everything else and as a father of seven children, I think we deserve to have this cut off. We don't need that extra traffic that we're all getting! And if we have to drive around a few blocks, that's fine, and I feel for these people on 27th Lane. Maybe you should block them off too, but ours is the only one that runs from 22nd to 27th. You just spend a day there, any one of you Commissioners, and you'll see what goes on there, it's awful! Unidentified Speaker: Ours does too! Mayor Suarez: Please, please. OK, does that... Mr. Heeley: We don't want it to happen to them either. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Healey: But their street does not go through to 27th Avenue. Mayor Suarez: OK, we can't do it going both ways, otherwise we'll never... is that the two or three from this side that we've taken? Three, yes we are going to have to finish this up. I guess you did the last one here? Mr. Healey: We did have a death too. We had a case where a car was speeding, ran into one of the neighbors there, and when she came out and saw her car, she got so excited, she dropped dead on the spot, and that's an absolute true story. Mr. Terry Bravo: Yes, good evening Mayor, my name is Terry Bravo, and I am a property owner at 2250 SW 27th Lane. The reason why these people have shown up here tonight is because we are here to discuss the authorization of the barricade on 28th Street and we know what is going to happen if this is approved, even on a three-month trial basis. We're here to strongly oppose it. Mr. Plummer: Well, let me ask another Question, maybe. Maybe you've sparked a thing in my life. What happens, or have you considered the potential of having additional barricades on your street? Mayor Suarez: Yes, having them on both... Mr. Bravo: Right, Mr. Plummer, the reason... Mr. Plummer: What's wrong with the best... all we'll do is stop all the purse snatching that's going on in your neighborhood. Mr. Bravo: Right, we don't have any problem with that. We don't have any problem with that. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Bravo: We don't have any... we can't take care of that tonight, but tonight's issue is 28th Street, it is not 27th Lane. Mayor Suarez: No, tonight's issue is whatever we come up with that makes sense to try out and if closing both is the best alternative, at this point, we may just try that. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Vice Mayor De Yurre, please. Mr. De Yurre: You know, J.L. and I are pretty much on the same wavelength, I'd like to, since we are just talking about a provisional period of time, go day period, I propose and I move that we put up the barricades not only on 28th, but also on 27th. 215 January 26, 1989:. 1 x�. s,.,,, APPLAUSE. Mayor Suarez: We have a motion. Do you want to second that and then we'll tear anyone who... yes Ma'am, if you oppose that too, we'll take a statement on that. Mr. Kay: Where on 27th? Unidentified Speaker: That creates problems on 27th Terrace. ' -'S Mayor Suarez: I would figure that, that... yes. I'm aware of the fact that, yes. I'm aware of the fact that that also creates problems for others. We can't close every City street, but that sounds about as reasonable, I mean, those other streets, you have to be a magician to go through them. Look at that... Mr. De Yurre: Which one is 27th, now? Unidentified Speaker: 27th Terrace and 24th Avenue. Mayor Suarez: Well, we may eventually do that, I mean... Mr. De Yurre: We may have to get some helicopters for you to get in eventually. Mayor Suarez: I know how our... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, we have a motion. Do we have a second? Mr. Plummer: But wait a minute, what is the motion? Mayor Suarez: To close off, where that barricade is shown on 28th and then immediately north of that, I guess, on 27th Lane. - Mr. Plummer: What are you going to... excuse me now, whoa, please. _ Mayor Suarez: For a 90 day trial period. Mr. Plummer: And then what are you going to do about the street to the north of there, Mr. Mayor? Mayor Suarez: That's not the motion right now, but that's... Unidentified Speaker: There's no opening. Mayor Suarez: It looks... Mr. Plummer: You're right, and they can't even go, they couldn't... OK. Then the motion as I understand it, is for a trial period of 90 days, the barrier will be placed at 28th Street and also 27th Lane, is that correct? APPLAUSE Mr. Spear: I... Tom Spear, I live at 2458 SW 27th Lane. I personally do not want 27th Lane barricaded. Now, I'm sorry, because the willy-nillyness of all t these closings have marched this stuff up. My suggestion is, somewhere along the line, 27th Avenue from U.S. down in the Grove is supposed to be widened. _ The biggest problem you have... Mr. Plummer: That's five years off. Mr. Spear: Well maybe the City p y y can put pressure on the County to get cranked up, whatever. to Mir. Plummer: I wish! - 4a Mr. Spear: I'm not the politician, I can't do it. The problem is, the movement through 27th Avenue onto US-1 is the problem where everybody is. Altering up through there. I think .they are resignalizing US-1 and 27th Avenue, hopefully, which will give you better turning movements and all that r 214 January 26, 1909 r 0 kind of stuff. Secondly, and thirdly, and something that I don't think anybody - can considers, I'm addressing this from a professional standpoint to you all. If you close off those streets permanently, I guarantee you, you are RoinR to have your trash trucks and everything backing down those streets and you are going to greatly, significantly, increase your liability, because I, as a site planner for the County, in reviewing plans, make recommendations on any access provisions public -wise that trash vehicles, public, go directly, they are not allowed to back up, because the County has inadvertedly crashed into vehicles and killed some people, so that is a very... you are going to increase your liability and the reality is, those trucks are going to back up... Mr. Plummer: Well, if you are a planner and you work for the County, you are fully aware, if that project is to do, what you have to be exactly right, and that's, the relief is 27th Avenue widening. You know, that if that contract, or the approval was tomorrow, you are talking about a minimum of two years before completion. Mr. Spear: Well, you've got the same thing with Golden Glades. Mr. Plummer: What do you do for the next two years? Mr. Spear: Well, you have to eat it sometimes. Look what's going on with I- 95 and the turnpike and all that mess up there. You know, that is a major problem, but people are just having to suffer until hopefully a better solution comes through, you know. I'm all for private streets and all this other kind of stuff, but all the issues have been addressed, but somewhere, you know... Mayor Suarez: OK, we have a motion, do we have a second? Mr. Fernandez: Would you hold off one second, Mr. Mayor, while I check something? AT THIS POINT, THIS ITEM WAS MOMENTARILY INTERRUPTED. ------------------------------------------------------------------------------ 40. CIVIL DISTURBANCE LIBERTY CITY MERCHANTS OVERTOWN: Discussion by Liberty City Merchants regarding financial impact of civil disturbance to the Liberty City area (See label 43). ------------------------------------------------------------------------------ Mayor Suarez: Let me ask, while you check that out, if we have Mr. Saieh, do I pronounce that correctly, to come up and make a statement, so that we don't... so we at least have a couple of minutes to hear your concerns out there in the area affected by the disturbances of last week. Sir, while he is checking that, do you want to make a statement? - and then we'll... Unidentified Speaker: Could we make a statement? Mayor Suarez: OK, why don't you come up to the mike, make your statement, we'll probably have to hear you more fully at another Commission hearing, but at least let you make a statement, because I did promise, in view of the way you were affected by the disturbances, that we'd hear you. Mr. Sixto Mendez: Mr. Mayor. Mayor Suarez: Please, please. Mr. Mendez: Mr. Mayor, I am with the group here of merchants from Liberty City and Overtown, there are about 15 or 16 of us here tonight. Mayor Suarez: And your name is? Mr. Mendez: My name is Sixto Mendez, I'm with Georgia Meats. Mr. Mayor, we _ have heard... Mayor Suarez: And your address, or business address? Mr. Mendez: 199 NW 20th Street. I got Jackson Market, at 58th and 12th Avenue; National Food Center at 51st and 22nd Avenue; United Family Foods on 217 January 26, 1989 k i 20th Street, 237 NW 20th Street. People's market, which was burned down, United Family, which was burned down. Hope's Supermarket, National Food Center Number 3, A & W Supermarket, National Market Number 4, Guy's Auto Parts, Friendly Food Market, Southern :uods, Georgia Meats, Amy Foods, A & B Food Center, Dutch Meats, Bargain Corner, Najana Market. Mayor Suarez: OK, you are going to get a complete list of that to the Manager, because I am preparing memos on all, so that if we obtain any rebuilding money so that everybody can be taken into account, to the extent that we do. Mr. Mendez: That's what we wanted to address the Commission about, OK? Mayor Suarez: Well, I think you also want to tell us, at least you told me the other day, that you'll like in the future for us to move a little quicker, I think is what... Mr. Mendez: OK, well, that is exactly right. We were told, some of us were told, these are properties... Mr. Plummer: I can't hearl Mayor Suarez: Please, everyone. We've heard as many items as anyone can humanly hear. Let's hear them, their plight is as bad as anybody's, and they've waited all day. Go ahead, sir. Mr. Mendez: Some of us were told to leave our property, that our properties would be protected. Protection never came. Mr. Plummer: Told by who? Mr. Mendez: By the police on Monday, to leave our property, that our properties would be protected. Some of us were told that on Monday. Protection never came. You're shaking your head, Mr. Plummer. Mr. Plummer: No, I'm shaking my head how any policeman could make that statement to you. Mr. Mendez: That statement was made to some of us. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Sir, I'm not disputing your word, I'm just, it was a statement made that I think was a bad statement. Mr. Mendez: Right, well, this man, his store was on fire, he was inside, there was no way to get out. Unidentified Speaker: hit me because I told one of my colleagues inside and got shot. Mr. Plummer: Sir, I'm not arguing. I'm saying that I think it was a very bad statement for a policeman to make, that's what I'm... Mr. Mendez: Right. Media has made the comment that the losses were in the millions. That is the most ridiculous thing I've heard. Any single store that was burned down alone was over $250,000, and we're talking about five, or six or seven, completely destroyed, sir, burned down. Well, OK, you got an exact number, we have some pictures here. 218 January 26c 1909 - r --r r ---`r r -r --- r 41. MIRACLE CENTER PROJECT: Continue proposed restriction of vehicular :ak.ceob ►.o LW 33 Ave. from SW 21 Street pending legal opinion. (See label 39) Mr. De Yurre: Mr. Mayor, so that we can wrap this thing up, and we get most of the people here can go home, I've just been advised by the City Attorney, and Jorge, he can give us some information on this, that because of the fact that we don't have a public notice on the 27th Lane issue, we can't do anything about it tonight. Now, we don't want to get into a situation... my feeling is, I don't want to get into a situation wherein we are going to close off 28th today, and for a month, until we get noticed, that we have the problem at 27th Lane, so I'm going to move at this time... Unidentified Speaker: No! That's not fair! Mayor Suarez: Wait, wait, please. Mr. De Yurre: I'm going to move at this time that we defer this item until next month to when we notice 27th Lane also, then we can decide at the same time to do both together. Mrs. Kennedy: OK, I'm going to second that motion, and I just heard a report from the Fire Department that closing of both streets would be detrimental to the emergency services so I would like to hear from them also at that time. Mr. De Yurre: OK, so then we'll do that, so that's my motion. Mayor Suarez: So moved, seconded. Call the roll. That's the best we can do today. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 89-118 A MOTION CONTINUING CONSIDERATION OF A PROPOSED RESOLUTION RESTRICTING VEHICULAR ACCESS TO SW 33RD AVENUE FROM SW 21ST STREET ON A PERMANENT BASIS, PENDING A LEGAL OPINION AS TO ITS PROPRIETY. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: _ AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre — Mayor Xavier L. Suarez NOES: None. — ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: That's the best we can do, otherwise we might have to deny the: — closure. — s Mr. Plummer: Continued until what date?� Mr. De Yurre: Next month, until we... T Mr. Plummer: February 9th? t Mayor Suarez: If we have enough time to publish. Mr. Fernandez: February 23rd. Mr. De Yurre: February 23rd. 219 'Unidentified Speaker: Why can't they close just 28th Street? Mr. Fernandez: No, item 22 is continued and then closure of 27th Mould be property advertised. Mr. Plummer: I'll vote yes, I don't like it, but I'll vote yes. COMMENTS AFTER ROLL CALL: Mayor Suarez: I'm sorry, sir, that's the best we can do, folks we heard .you as long as possibly could. We thought we had a solution, we had a little' problem with our lack of publication and that's the best we can do. ------------------------------------------------------- NOTE FOR THE RECORD: AT THIS POINT THE CITY COMMISSION TBMPORARILY DEFERS CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS ON THE PLANNING AND ZONING AGENDA. ------------------------------------------------------- 42. Continue consideration of proposed Amendment to Miami Comprehensive Neighborhood Plan - change designation at approx. 3223-57 Fraklin Ave & 3560 Main Highway from Low Density Residential to Commercial/Residential (David Hill's property - Taurus Restaurant) and proposed zoning atlas = change at same address from RS-2/2 to SPI-2. Mr. Dawkins: Mr. Mayor, may I take a point of special privilege? Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: Will the number of people who came in here on 14 raise your hands so we can see how many people are here? - Mayor Suarez: That's the David Hill? Mr. Dawkins: Yes, OK. Mayor Suarez: Is that controversial at all? — Mr. Dawkins: Yes. Is it! Is it! Yes, it is. Mr. Plummer: We'll never get to it tonight. Mrs. Kennedy: No, not after this. Mayor Suarers OK, we'll try to get to that. Mr. Plummer: We'll not get to 14 tonight, hey, noway, I got five funerals tomorrow. Mr. Dawkins: I'd like to make a motion that PZ-14 be heard regardless of what ' is happening at the next Commission meeting at 6:00 o'clock sharp, whatever we're doing, stop and do it. Mr. Plummer: Are we talking about the 23rd? Mr. Dawkins: I don't know. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.` r' Mr. Dawkins; Night time. Mayor Suarez: Are you talking about the Planning and Zoning agend$, r;Oi 4xe `" u �— you talking about the February 9th meeting? INAUDIBLE BACKGROUND piL, COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. x M_- 220 January 40, � ,, Mayor Suarez: We do the best we can, try to postpone as little as we can, try to defer as little as we can. These fellows on PZ-21, they haven't been heard In four Commission meetings, we are trying to get to all of them. Do you want to make it on the 9th or 23rd? Mr. Plummer: Mr. Mayor, may I recommend strongly that we do it in accordance with the wishes of Commissioner Dawkins, and I agree with. Let's remember on the 9th, once again, we are going to be talking about a long item called the Comp Plan and I would strongly recommend that item 14 be placed on the 23rd agenda, rather than the 9th, so there would be no conflict. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: No, Ma'am, that's it. Mr. Plummer: You wanted it number one? I didn't think you wanted it number one. Mr. Dawkins: It will be the first item. No, wait, we can't say number one. All I am saying we scheduled it for... don't put no number, schedule it for 6:00 o'clock. Mayor Suarez% Special... Mr. Dawkins: Whatever we are doing at 6:00 o'clock, just like he stopped in the middle of this, we have to stop at whatever we are doing and take the item. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: No, no, that is not a fair statement and I'm not going to... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Well, you can argue all you want and I'll be in my office, you can argue with me, but I try to be fair to every community in the City in my handling of the agenda and the best we can do is give you a 6:00 o'clock special setting. We will stop all proceedings on February 23rd to hear that - item. And that's a motion? Mr. Dawkins: Yes, so moved. Mayor Suarez: And Commissioner Plummer seconded it. Call the roll on that. Unidentified Speaker: At 6:00 o'clock. Mayor Suarez: You got it. MOTION TO CONTINUE UPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY — COMMISSIONER PLUMMER, ITEMS PZ-14 AND PZ-15 WERE CONTINUED TO FEBRUARY 23RD COMMISSION MEETING TO BE HEARD AT 6:00 P.M. BY THE FOLLOWING VOTE OF THE CITY _ COMMISSION: AYES: Commissioner J. L. Plummer, Jr. _ Commissioner Rosario Kennedy Commissioner Miller J. Dawkins <? Vice Mayor Victor De Yurre x Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Before you leave on...3 Mr. Dawkins: All those who are anti, against ity hr would° you- raise' your ba�tds.''' Yr Mayor --Suarez: On PZ-14, so... : r xe v 221 44'.nr't # x � . . e`gI e . Mr. Dawkins: No, no, for it. Hop many are for it? Mr. Fernandez: Madam City Clerk, they should include also item 1S, FZ-14 and 15. Mr. Dawkins: I don't see nobody for it but Dave Hill, so that's one. Mayor Suarez: OK, all those who are against raise their hand, right? - just In case you can't make it next time, we take note of rough count. If you want` to, you can count them, Tucker and give us a count, or Bob, or somebody. And of course the letters will all be introduced into the record. You can do that today, but I'd recommend you do that in conjunction with the hearing. Mr. Dawkins: There is 35 of them. r t NOTE FOR THE RECORDS AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING ITEMS. 43. CIVIL DISTURBANCE/OVERTOWN: Merchants complaints (See label 40). Mayor Suarez: OK, sir, complete your statement. Mr. Sixto Mendez: OK, we show some concern here tonight about the homeless. Well, I'll guarantee you if something is not done about some of us, some of us will be homeless too. Some of us are still paying high interest from before from 1984. Mayor Suarez: Mr. Manager, I know that one of their concerns beside the police issue that I think they want to deal with you on, and I think you ought to give them an appointment, having to do with, even on the second the night, - they feel that sometimes looting and burning was allowed to take place. Mr. Mendez: Absolutely. Mayor Suarez: That's what they feel. Would you give them a hearing on that yourself and sit down with them and the Police Chief and hear their complaints on that? But the other concern is that they want to begin rebuilding and they're saying that... Mr. Mendez: Funds. We would like to know what is there available for us. Mayor Suarez: Sir, I am about to tell you. We don't have any funds right now, but what you're concerned about is that if you begin rebuilding now, and later funds are obtained, that because you did your rebuilding, somehow you are not going to share in whatever it is we obtained. Mr. Mendez: Correct. Mayor Suarez: And can we... would a motion be in order that would say we are going to take a look at the present situation and anything that is obtained will later be divided up evenly, even if somebody has already begun their x rebuilding. Mr. Odio: I asked the Fire Department, the first night, if that's normal ' procedure to immediately start keeping tabs of the buildings destroyed orp burned, or whatever. They are doing that, then we have to get an assessment of the damages by them. Mayor Suarez: OK, we do an inventory, we do an assessment and if they begin rebuilding and later we obtain funds for rebuilding, wouldn't they be applied .;„`�-', evenly for everybody including those who are already doing their pwn r. rebuilding with their own monies?r , 222 at e►ry Mr. Ahmed Eldabbse: We don't have it to build, we don't have no money to build. Mr. Mendez: Some of us can't start rebuilding. Mayor Suarers I know that. Well that we don't have any solution for right now. I am trying to figure out. You asked me at the meeting the other day about those that do begin the rebuilding, that they want to share fairly and equally in anything that is obtained and I... Mr. Mendez: You are talking about the ones that got burned. How about the ones that got looted? Mr. Eldabbvas: Looted, they... Mayor Suarez: I'm taking one at a time. I'm not even sure I can do it as to one group. Does it make sense, Mr. City Attorney? I don't know why you are shaking your head? Mr. Fernandez: We'd have to know where the funds are coming from and how they're earmarked and what conditions are set on those. It would be really premature right now. Mayor Suarez: Well, OK, let's do this at least. You are going to do the completion of the inventory as to the places that are damaged, that are obviously the direct result of disturbances of Monday and Tuesday and we will know at least what was there and to the extent that we are able to obtain any revitalization or rebuilding funds or whatever, then we'll do the best we can to allocate them. Mr. Plummer: Yes, but Mr. Mayor, let me tell you... Mayor Suarez: I'm not promising anything. Mr. Plummer: OK, I just... Mr. Mendez: I think, I don't know if a promise is in order or not. That's not the point. The issue here, I think that something has to be looked into, you know, something has to be moved, because some of us can't begin to reopen our stores. I think something... we needed some help yesterday, some of us, yesterday. Today's too late! Yesterday, I think something should be done for those who most need it right now. Mr. Plummer: Sir, there are no funds available. What do you want us to do? We can't allocate funds we don't have. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: There are no... Mayor Suarez: We tried... let me tell you what we tried this week. i Mr. Plummer: We've been asking, sir. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Sir, please, let me tell you what we tried. We tried to ask the Governor's office to see if there is any way that by retroactively declaring an emergency, we could have available emergency funds. They checked that out, and they said no, so we are looking at other ways of applying for what are in effect emergency funds from other sources. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. t � Mr. Plummer: Sir, normally, in my business, answering, if my... Mr. Maher Saien: You didn't do business there, that's why. You didn't .have your business in Liberty City. Mayor Suarez; But you don't let hitp make his statement, or answer. i i 223 January x0040 -+ yy i Mr. Plummer: That is correct sir, but I do have insurance if my business was burned. Mr. Saien: I would love you to find an insurance company that would sell me. — INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, pleaset Mr. Plummer: Sir, you know, you want to find fault with me. Unidentified Speaker: No, I'm trying to find a way out. I'm asking for a help, a solution. Mr. Plummer: Sir, you're asking for money and I'm telling you this City doesn't have any money. Mr. Mendez: Don't give me any money, rebuild me. Mayor Suarez: OK, look, look, we've got to do this in an orderly fashion. You can come up to the mike if you want, and make your statement, but not from back there. Mr. Mendez: Come up here. Mr. Plummer: You know, the only thing Mr. Mayor, I want to put on the record, I don't want these people, I've been through this four times, unfortunately. I don't want these people to go away from these chambers this evening with any hope or desire, that if they start building, that they arc going to get reimbursed, because I have never ever seen money forthcoming after a riot, and I don't want you to go start building with it saying that the City Commission promised the money, that we would repay you. I've never seen it and I've been through four of them, OK? Mr. Mendez: What about low interest funds, low interest loans? Mr. Plummer: We have a facility there called Miami Capital. I don't know if they have funds available. It's the only area that I know, air. Mr. Mendez: Mr. Manager, you shake your head, that means no? Mr. Odio: It's not one agency. I believe their funds are very, very limited. They only had, the last time, when they started the year with $500,000, and they have been lending money out. In fact two of the businesses that they lent money to were also burned out of business. They are going to lose those two loans. We are trying very hard at the Federal level and at the State level, the Mayor has made a call, to see what can be done, but again the Federal government is not very promising on anything. Mr. Plummer: They give you a handful of "howdy" and a mouthful of "much obliged" and no money. That's being honest. You know, when we went up there, let me tell you, when we went up there and screamed about the Mariel situation and we said that it was your people that allowed those doors to be opened, you've got to provide funds, you know what they told us? "We're spending a half million a day in Miami," and we said, for what? "Well, we got two destroyers out there, we got people out there." Not ten cents for food, not ten cents for shelter, not ten cents for clothing, and that's the attitude they take. Now, if you know some way to change that attitude, I'd love to hear it. Mr. Saien: And I'd like to give you an answer for that. - Mr. Plummer: OK. Mr. Saien: When you allowed the City of Miami to give $400,000,000 in the same date for the Superbowl, trying to protect the Superbowl and allowed us to get burned. We asked for the National Guard before it started. You refused to - bring them down. We asked for more protection. You refused to protect us, and on the same thing... now, you are shaking your head that you can't help '. us. Why did you refuse to help protect us in the beginning? Mr. Plummer: Sir, I don't know what you are talking about, Superbowl...41 r! y 1. f 224 January 26, I4s� �r S sue, a.n - .. �4 Mr. Saiens I am talking that you want to keep the Miami image. You would like to bee fifty four stay in that image, burned up? Mr. Plummer: Sir. Mr. Saien: You protected the Miami image for Mayor Suarez: What he was going to refer to was what you mentioned about the Superbowl. What was that reference to spending money? We didn't spend any of` our money for Superbowl. Mr. Plummer: We didn't spend any money for Superbowl. Mr. Saien: You didn't spend any money, but you were trying to protect the image of Miami, for not bringing in the National Guard for the riot. The riot was in the same day that the Superbowl was about to begin. Mr. Plummer: Sir, if you want the truth, and I'll give it to you, whether you accept it or not. Had the National Guard been called, it takes 48 to 72 hours to get them mobilized, OK? Mr. Saien: Then you don't know the facts of the National Guard. Mr. Plummer: Sir, I've been through it on three occasions, prior to this one. This is the fourth one. I recall we called out the guard in '62, OK? - and it took two days to get them here, mobilized and ready to go into action. Mr. Saien: They were called in Atlanta. Within 14 hours they were in Atlanta. Mr. Plummer: Sir, I can't answer for Atlanta, I've got to deal with reality — here. Sir, you and I are not arguing, please. Mr. Saien: We are not arguing, but see, we are arguing our future. You were just arguing about putting four stop signs, and it bothered you a lot. Mr. Plummer: Yes, sir. Mayor Suarez: We obviously are going to have to continue this. You're welcome to come back and make another presentation. I put you on as an - emergency matter, because I thought it was an emergency that could be... the Manager and the Chief, I think ought to meet with them, really, and go over all of the procedures that were followed and their recommendations as to how they can be improved. They have to have, like any other business people in the City of Miami, lines of communication with the Police Department, so they don't get false information, as Commissioner Plummer was inquiring before and also I think you can help us with the suggestions you made to me the other — day, as to how we can move a little quicker, more effectively, if this ever should happen again and God help us if it does, because I hope it doesn't, and M I think you are entitled to that kind of a meeting at the highest level in the City. On the other issue, you are welcome to come back once again, ask us for whatever help we have available, and if we have any, I guarantee you that we'll try to make it available, but I can't promise any right now. Mr. Saien: And just for the Commission's information, if you check the police records, I made 13 arrests myself as a personal arrest, because your Police Department couldn't make it. r Mr. Plummer: Well, why do you say mine? Mr. Saien: Right? No, because I work, I support the City, I support,- the police, but when I needed the support, I couldn't get it. 4 Mr. Plummer: Why is he picking on me? Mr. Saien: I have a record with the Police Department and I made 13 arre4ts �Y4x personally on 54th Street. Mayor Suarez: Because you talk too much, that's why he is picking on you. Mr. Plummer: Oh, all right. Y 4 � 1Vv �'� - 22-5JaauaPlr '+ems,{..� Mr. Saien: No, because you know, he is taking things not seriously. They were not on the street. Mayor'auarea: I think he is. Mr. Plummer: Not seriously, sir? Mr. Saien: Yes. Mayor Suarez: No, no, I think he is, I think he is, but he's being... F- Mr. Saien: Yes. ,r Mayor Suarez: ... very frank and very clear on what we can do and cannot do. b Nance Mr. Plummer: Sir, I was around here a lot longer and before you were to establish this community so you could come into it, OK? So don't tell me that I didn't take it seriously. I got damn little sleep in those 72 hours because my concern was in that EOC room where I stayed, so don't you in any way indicate to me that I'm taking it lightly! Mr. Saien: Well, when you put me for last, when you know now I have the biggest problem of all the problems that was met here today. When you cut me off three, four times... Mr. Plummer: There's nobody cutting you off. Mr. Dawkins: You know what? Let me say something to you. You know, you are beginning to rub me the wrong way, and I hope I'm going to rub you the wrong way. Now, you were not on the agenda. The people whom were heard were on the agenda, sir, so there... Mr. Saien: We begged for this, we begged for this meeting just to be heard. Mr. Dawkins: Mr. Mayor, I move 17. They say it is an emergency, and they got to have it. I move 17. Mayor Suarez: This is a Law Department recommendation. We're going to have to hear you again at the next session, if you want. The meeting is February -- 9th. Mr. Fernandez: PZ-17. Mr. Plummer: Well, wait a minute. Now, in spite of a little gruff feelings, which I understand they are upset, and rationally so. I don't want to wait for the next meeting. I would like for them to sit with the Manager... Mayor Suarez: Oh, but he did... Mr. Plummer: Listen to me. Excuse me, ... sit with the Manager and explore every avenue that there is for possible funding. Let's don't wait until the next meeting, let's start now. Mayor Suarez: Yes, that is going to be in effect right away, at the highest level to meet with them. Mr. Plummer: I agree with you, Mr. Mayor, meet with the Police Chief, meet with the Manager, OK? But, what they need is help and let's start it tomorrow morning, where they can sit with the Manager, and go through every facet that there is possibly available funding, and if God willing they find funding, that they can bring it back to this Commission on an emergency basis, and not wait until February 9th, I think that is Mr. Dawkins: Find funding where? R Mr. Plummer: I don't know. t Mr. Dawkins: Hold it, hold it. sr Mr. Plummer: I don't knowl a ljt�s.r r = Mr. Dawkins: Well you sae, I'm like you, I not going to send them out here with no wild goose chase. Find money where? Mr. Plummer: I am saying explore. Mr. Dawkins: Explore where? I mean, you see, like you said, let's just don't send them out of here with a feel good, knowing damn well there is no money. Mr. Plummer: Let me tell you where I would start exploring, if I was the `r Manager. r Mr. Dawkins: OK. Mr. Plummer: First, I would start with Mark Israel, our man in Washington, OK? Second, I would find out what our sources are, from possibly the State of -_ Florida, not for this particular riot rebuilding, but other sources that could be made available. I'm saying explore all avenues. Mr. Dawkins: Well, why can't the Manager do that and then get with them and let them know what he found. Why should they spend their time coming down here, when the Manager can get on the phone and call Mark Israel, to call Tallahassee, and to call anyplace. The manager should do all of this, and if he finds some money, then tell them I found some money and they'll know to come, because if they come down here assuming that the Manager is going to find some money, and he don't find any, they made a bum trip. Mr. Plummer: Well, I'm saying that as I know it, in the last four riots, there's never been any money. Mr. Dawkins: Well see... Mr. Plummer: And maybe that will be the case now. I'm saying try. Mr. Dawkins: OK, but you see, you know that, I feel that, OK? These gentlemen here, they're upset and like this... what's your name? Like he says, he's got no money to even start yesterday, and if he didn't have stock to put in to try to recoup, he don't have anything, and now we are telling him, we are going to find some money and we know good and well the Federal government... Mr. Plummer: I never said that. I never said we were going to find. I said we were going to try, and I would like one of them to know that we are trying, and if they want to come down here and sit with the Manager's office and explore, that's fine. Mayor Suarez: My Blues brothers, it's down to the three of us. I think we basically agree, if they want to meet with the Manager, that is their prerogative. We are certainly going to try as hard as we possibly can, OK? Mr. Mendez: But we'll prepare to come here. Mayor Suarez: Yes, Mr. Manager, what is the earliest time you can meet with them sir? OK he is , , going to work it out. -------------------------------------------------------- NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF PLANNING AND ZONING ITEMS. --------------------------------------- Fa s- { C x w t ti4,� r f 4 .JAavar' Y 94 227.1-1 Ln -- NOW .i.11�.bYii.iiLLrLii.�inii'i�i�r_rYaiLw.�rY�i►�f��al�1.wi.--------i.-a_. --a r_rrar_a�ic 44. SECOND READING ORDINANCE: Amend Coda Chapter 14, "DovntoWn Development", by adding new Article IV, "Regulations Affecting Development within the Downtown Southeast Overtown/Park west Developments of Regional Impact".'' ----------------------------... a.. Mayor Suarez: Item 17 is important. Is there anything that we should know about it before we vote on item that you're telling us is important? Mr. Dawkins: I moved it. Who seconded it? Mayor Suarez: Thank you That's a second, you see, when smiles, when he laughs like that. Is it second reading? Mr. Fernandez: Yes, it is. Mr. Plummer: Yes. Mayor Suarez: Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 14, ENTITLED "DOWNTOWN DEVELOPMENT," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW ARTICLE IV, ENTITLED "REGULATIONS AFFECTING DEVELOPMENT WITHIN THE DOWNTOWN AND SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENTS OF REGIONAL IMPACT"; PROVIDING FOR: GENERAL INTENT; DEFINITIONS; PROCEDURES AND TIME LIMITS FOR i RESERVATION OF DEVELOPMENT CREDITS; REALLOCATION OF EXPIRED OR RESCINDED CREDITS; EFFECT OF PLAN CHANGES; AND APPEAL PROCEDURES; PROVIDING FOR ENVIRONMENTAL AND TRAFFIC RELATED REGULATIONS RELATIVE TO NEW DEVELOPMENT; AND PROVIDING FOR ENFORCEMENT. Passed on its first reading by title at the meeting of December 15, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: k i AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins ' Mayor Xavier L. Suarez t NOES: None. ABSENT: Commissioner Rosario Kennedy Vice Mayor Victor De Yurre ■ THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10543. 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. r f t q^t { N {fit 1a� z t Y ".s ofy c�G A Fg rya S Ya- - r - E 45. FIRST READING ORDINANCE: Amend Ordinance 9500, Article 15-SPI Special Public interest Districts, Section 1560 SPI-6 Central Commercial Residential District, Section 1569 Limitations on Signs, Section 1570 SPI-7 Brickell-Miami River Rapid Transit Commercial Residential District, etc. ----------------------------------------------------------------------.------ Mayor Suarez: Now there are people here on the sign ordinance, and I just want to know, why have they not been able to put up signs while we modify a sign ordinance that never really had to be modified, as far as I'm concerned. That's the question I always had. Unidentified Speaker: In fact today is fine. There is a new sign ordinance that... Mayor Suarez: Proposed sign ordinance. Unidentified Speaker: Proposed sign ordinance that the Greater Miami Chamber of Commerce put together, a committee of the sign industry of the Dade County Architectural Board of the... Mayor Suarez: And you favor, or you are against it? Unidentified Speaker: We are all in favor, we all worked together for many meetings with the Planning Department. We have it all worked out. All we need is your approval. Mayor Suarez: That was PZ-21? Mr. Rodriguez: Item PZ-21, first reading. Mr. Plummer: Excuse me, I got some questions. I'll tell you what, I'll go along with first reading, but I got some serious questions on this, like how many signs on a building? Mr. Rodriguez: Two. Unidentified Speaker: Maximum of two, sir. N_ Mr. Plummer: Well, but is it the main tenant of the building? Unidentified Speaker: Yes, sir. , Mr. Rodriguez: Defined. a Unidentified Speaker: And there's regulations. f Mr. Plummer: Well, these are the questions. I'll go along and move it so for your time frame of first reading, OK? Mr. Plummer: OK, so moved. Mr. Dawkins: Second it. - Mayor Suarez: Read the ordinance. Call the roll. y 7 1 K y 229� ;'�� AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 15-SPI SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1560 SPI-6 CENTRAL COMMERCIAL'; RESIDENTIAL DISTRICT, SECTION 1569 LIMITATIONS ON SIGNS; SECTION 1570 SPI-7 BRICKELL-MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT, SECTION 1579:— LIMITATIONS ON SIGNS TO MAKE SAID SECTIONS SUBJECT TO PROVISIONS OF SECTION 2026.16; SECTION 2026 SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS, BY ADDING A NEW ~Y_ SUBSECTION 2026.16 AND CLARIFYING OTHER SUBSECTIONS; AND AMENDING THE SCHEDULE OF DISTRICT REGULATIONS, -t PAGE 2, ACCESSORY USES -LIMITATIONS ON SIGNS RG-2, RG- 2.1, RG-2.3, RG-3 GENERAL RESIDENTIAL; PAGE 4, USES AND STRUCTURES, ACCESSORY USES LIMITATIONS ON SIGNS, CR COMMERCIAL RESIDENTIAL (GENERALLY); PAGE 5, ACCESSORY USES -LIMITATIONS ON SIGNS, CG GENERAL — COMMERCIAL, TO PROVIDE THAT ALL EXTERIOR ONSITE SIGNS ABOVE A HEIGHT OF 50 FEET ABOVE GRADE WILL BE RESTRICTED IN SIZE, COLOR, NUMBER, LIGHTING, DESIGN AND SUBJECT MATTER; SUBJECT TO REVIEW BY THE URBAN DEVELOPMENT REVIEW BOARD AND ISSUANCE OF A CLASS C SPECIAL PERMIT BY THE PLANNING DIRECTOR. -'- Was introduced by Commissioner Plummer and seconded by Commissioner j- Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. — Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Vice Mayor Victor De Yurre -? The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ;y Mayor Suarez: Don't even think of the one having to do with Barnett because I'm abstaining and you wouldn't have the votes up here either way. --------------- ------------------------------------------------------------ 46. FIRST READING ORDINANCE: Amend Ordinance 9500, Subsection 2024.1.3, "Limitations on Location and Extension of Docks and Piers in Residential and CR-2 Districts; Limitations on Location and Charter of Vessels Docked or Moored", etc. Mayor Suarez: And you wanted to move PZ-22? Mr. Plummer: May I ask for consideration on item 22, to read it on first reading tonight for the time frame. Mayor Suarez: You got it. Mr. Dawkins: Second. "•. Mayor Suarez: Moved and seconded. the roll. Any discussion? Read the ordinance. Call 230 i,4 AN ORDINANCE AMENDING ORDINANCE 9500. AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY _ AMENDING SUBSECTIONS 2024.1.3, ENTITLED "LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL AND CR-2 DISTRICTS; LIMITATIONS ON LOCATION AND CHARACTER OF VESSELS DOCKED OR MOORED"; SUBSECTION 2024.1.3.1 ENTITLED "SPECIAL LIMITATIONS CONCERNING MODIFICATION OF SEPARATION REQUIREMENTS IN RG-2.1, RG-3, AND SPI-5 DISTRICTS"; SUBSECTION 2024.10 ENTITLED "EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS GENERALLY"; AND SUBSECTION 2024.11 ENTITLED "EXTENSIONS OF DOCKS INTO WATERWAYS, CANALS OR BISCAYNE BAY; SPECIAL EXCEPTIONS"; BY INCREASING FROM TWENTY-FIVE (25) FEET TO THIRTY-FIVE (35) FEET THE PERMITTED DISTANCE THAT DOCKS OR PIERS MAY EXTEND INTO BISCAYNE BAY AND OTHER WATERWAYS; AND PROHIBITING GRANTS OF VARIANCE IN THESE INSTANCES IN THE RS-1, RS- 2, AND RG-1 DISTRICTS. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Vice Mayor Victor De Yurre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 47. Continue all remaining items to the meeting scheduled for February 23, 1989. ---------------------------------------------------------- -------------------- Mayor Suarez: Do we need a motion to continue all other items? )iz't Mr. Plummer: I thought we did. Mr. Rodriguez: Continue... no. Mr. Maxwell: Yes, sir. Mayor Suarez: To the 23rd? Mr. Plummer: Continue the remaining items to the 23rd, I so move. Mayor Suarez: Moved and seconded, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 89-119 A MOTION CONTINUING ALL AGENDA ITEMS NOT HEARD ON TODAY'S PLANNING AND ZONING AGENDA TO THE MEETING PRESENTLY SCHEDULED FOR FEBRUARY 23, 1989, t y� Upon being seconded by Commissioner Dawkins, the motion was passed and s adopted by the following vote: 231 +l&AliSix Zb 19Q , - -- - - - - - - - - - - - -- 49. Commissioner Plummer requests shorter agendas. Mr. Plummer: Mr. Mayor, to the Administration, something has got to be done about these agendas. 1,m telling you, they are getting ridiculous. It's not necessarily your fault, it's maybe our fault, but what I think you've got to do Is to have a limitation and other items will have to be continued and they just won't be heard in 30 days. But to drag people out here is ridiculous. Mr. Odio: Commissioner, we try to limit them. I've been trying to cut back and cut back. Mr. Plummer: You're going to have to cut morel Mr. Plummer: But most of the items, if'you look at the last two pages are requests of the city Commission. Mr. Plummer: I'm telling you, whether it is the request of the City Commission or not, we've got to do something about these agendas! I'm telling you, the last three agendas, if I'm not mistaken, we have not got to the last ton items. Now, based on that, the next agenda should be ton less. THERE BRING NO FURTHER BUSINESS TO COME SWORE THE CM — COMMISSION, THE MEETING VAS AWOURMM AT 9:20 P.M. Xavier L. Suarez K A T 0 R ATTEST: --- IT E. - - -- CITY t)F MIAMI DOCUMENT INDEX i JANUARY 26, 1989 PAGE 1 OF , .....,,,,. DOCUMENT I MP•1CATM N F t i DEPARTMENT OF COMPUTERS EXPENDITURES: AUTHORIZE FUNDING FOR EXPENDITURES FOR F THE MONTH OF FEBRUARY AND THE REMAINDER OF FY '89. 89-95 INTERLOCAL AGREEMENT WITH THE GREATER ' MIAMI CONVENTION AND VISITORS BUREAU. 89-96 AUTHORIZE AGREEMENT WITH CRUZ — DEVELOPMENT AND ASSOCIATES INC. FOR THE DEVELOPMENT OF BLOCK 24 IN THE Southeast Overtown Bark West community redevelopment area to comply with modifications requiered by HUD. 89-99 BISCAYNE VIEW APARTMENTS: APPROVE IN PRINCIPLE AMENDMENTS TO BISCAYNE VIEW APARTMENTS MAJOR USE PERMIT. 89`100.. r t APPOINTMENT TO OFF-STREET PARKING" BOARD: APPOINTED WAS LESLIE PANTIN,SR. 89-,101 a APPOINT TO OFF STREET PARKING BOARD: APPOINTED WAS EDUARDO PADRON. 89-102 � APPOINTMENT TO MIAMI RIVER — i COORDINATING COMMITTEE: APPOINTED WAS V. i HUBER PARSONS 89-109 - REQUEST TO INCREASE MEMBERSHIP OF THE MIAMI RIVER COORDINATING x COMMITTEE. 89-104- r t i i CUBAN MUNICIPALITIES FAIR 01 CORPORATION/FERIA DE LOS MUNICIPIOS: ALLOCATE $17,000. 89-.145 r r` CORAL WAY TREES (MIRACLE CENTER _ aF PROJECT), f A)RECONSIDER R-88-1112 WHICH GRANTED PERMISSION TO REMOVE/ ;4F RELOCATE TREES ON CORAL WAY B) RESCIND R88• 1212, ALLOW TRAFFIC LIGHT AND LEFT TURN STORAGE LANE' ON 'EAST BOUND CORAL WAY AT SW. 33 AVENUE.Til ' - '" e d e r { z - t+ DOCUMENT INDEX r% 2 - r� FEVAL . 1989 GRAND PRIX: A) APPROVE GRANT AGREEMENT FOR PASS THROUGH. err. B) WAIVE BUILDING AND ZONING FEES. �193i0 i,. C) STREET CLOSURES AREA RESTRICTED. 89-111 TO PEDDLERS, ETC. FOR 1989 THROUGH 89-112 2000 89-113 D) WAIVE DOCKAGE FEES AT BICENTENNIAL 89-114 AND FEC. E) ALLOCATE $15,000 MINOR ALTERATIONS ' TO RACECOURSE PAYMENT. BUDWEISER REGATTA: APPROVE AND _. RECOMMEND CITY'S APPLICATION TO r TOURIST DEVELOPMENT COUNCIL AND METRO DADE COUNTY FOR $100,000 GRANT FOR UNLIMITED HYDROPLANE REGATTA. UTHORIZE ACCEPTANCE OF FUNDS FOR AS R AIN ALLOCATE FUNDS FROM FY "? 189 STADIUM ENTERPRISE BUDGET FOR" r? SAID EVENT. ,, 4, KN k. +t %n f'•�s 4G-AL Y "V tk' f t a �X - I r Y�i: � �,,r y Jil l �.0 m4rY�vIfF�". 1 CyY„Tr'tu'",•7 a' r> $t4r:. AS-7 a.�rr �rg ri2w�r�..t° fRr r �f (.. v '•yr�° t S4- r F,�L r fFrr„ws �.r be h wtlp .�. All 3S ;r ivt�r�+`aNcv�4i''�' a' F t t t }tc� tc �sf ti{r rt s Et 't lT, r- j � s'. •ry '� ilki � y r'i J ���"�'`�7X�r°��u6�:-{wSi '1L�;� �%'''✓nf ���� 91�jlu�` �''�P�. `� +.� "'r.� LTMr�.� F r }a } ... r _ ... ... t4 St.:� WC . ♦f :. "F �: ��� 4 � �..3 a+?� iv�J,:': 95. ls� e _