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HomeMy WebLinkAboutCC 1987-04-30 MinutesI ' CITY f OF MIAM1 Y OF r * INCUNN '►H►TE It 96 fL���oT OF MEETING NEU ON APRIL 30, 1987 (PLANNING AND zoNING) I"ErREo sr tMe OFFICE OF THE C11Y CLERK CITY HALL NATTY HIPAI City Clerk i N INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA APRIL 30, 1987 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PLAQUES, PROCLAMATIONS, AND PRESENTED 1 PRESENTATIONS. 4/30/87 2. CONSENT AGENDA. 2 4/30/87 2.1 EXECUTE AGREEMENT WITH SPARBER, R-87-372 SHEVIN, SHAPO AND HEILBRONNER FOR 4/30/87 CONSULTANT SERVICES. 2.2 EXECUTE PRELIMINARY DEVELOPMENT R-87-373 AGREEMENT WITH THE FLORIDA 4/30/87 DEPARTMENT OF COMMUNITY AFFAIRS FOR DEVELOPMENT OF OVERTOWN/PARK WEST. 2.3 ACCEPT PROPOSAL OF MIAMI PIONEERS, R-87-374 INC. FOR LEASE OF RECREATION 4/30/87 BUILDING AT LUMUS PARK - AUTHORIZE AGREEMENT. 2.4 RECOGNIZE TAX-EXEMPT STATUS CLAIMED R-87-375 BY CANAAN MISSIONARY BAPTIST 4/30/87 CHURCH. 2.5 RATIFY ALLOCATION OF $25,000 TO R-87-376 NATIONAL CONFERENCE OF BLACK 4/30/87 MAYORS. 2.6 CLOSE STREETS FOR THE U.S. R-87-377 TRIATHLON SERIES. 4/30/87 3. EXECUTE AGREEMENT WITH SPILLIS R-87-378 CANDELA AND PARTNERS FOR PLANNING 4/30/87 AND DESIGN SERVICES FOR COCONUT GROVE EXHIBITION CENTER (SEE LABEL 823) 4. (A) CITY NOT TO DEAL WITH BANK M-87-379 WHICH HAVE FORMERLY REFUSED TO FUND ORDINANCE PROJECTS IN THE S.E. OVERTOWN /PARK 10258 WEST AREA; (B) EMERGENCY ORDINANCE: 4/30/87 AUTHORIZE PUBLIC OFFERING OF SPECIAL REVENUE REFUNDING BONDS TO FINANCE THE REFUNDING OF ALL OUTSTANDING CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS. S. EMERGENCY ORDINANCES INCREASE ORDINANCE APPROPRIATIONS IN THE ENTERPRISE 10259 FUND, PROPERTY AND LEASE MANAGEMENT 4/30/87 ENTERPRISE FUND FOR PURPOSE OF PAYING APPRAISAL FEES IN CONNECTION WITH THE REDEVELOPMENT OF CITY - OWNED PROPERTY AT 2640 SO. BAYSHORE DRIVE. 3 3 4 4 2 4-9 9-13 13-17 6. ACCEPT APPRAISAL PROPOSALS OF R-87-380 17-18 LEONARD A. BISZ AND NORMAN KURFERST 4/30/87 FOR APPRAISAL OF 2640 SO. BAYSHORE DRIVE. 7. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 18-19 FUND - "SUMMER FOOD SERVICE PROGRAM 10260 FOR CHILDREN 87" AND APPROPRIATE 4/30/87 FUNDS FOR SAME; AUTHORIZE ACCEPTANCE OF GRANT FROM US DEPARTMENT OF AGRICULTURE. S. AUTHORIZE DADE COUNTY TO ACCEPT BID R-87-381 19-20 TO PROVIDE LUNCHES TO ELIGIBLE 4/30/87 CHILDREN. 9. EMERGENCY ORDINANCE: INCREASE ORDINANCE 21-22 APPROPRIATIONS IN INTERNAL SERVICE 10261 FUND FOR THE PURCHASE OF 3 HEAVY 4/30/87 EQUIPMENT VEHICLES (PADDY WAGONS) 10. ACCEPT BID: OF HAVIS-SHIELDS R-87-382 22-23 EQUIPMENT CORPORATION FOR 3 PADDY 4/30/87 WAGONS (FOR G.S.A) 11. SECOND READING ORDINANCE: INCREASE ORDINANCE 23-24 APPROPRIATIONS FOR "CURTIS PARK 10262 IMPROVEMENTS" AND "VIRGINIA KEY 4/30/87 PARK DEVELOPMENT;" FURTHER INCREASING APPROPRIATIONS FOR "KENNEDY PARK IMPROVEMENTS" AND MIAMI RIVERWALK PHASE II." 12. SECOND READING ORDINANCE: PROVIDE ORDINANCE 24-25 NEW DEFINITIONS RELATING TO PUBLIC 10263 SERVICE TAXES ON TELECOMMUNICATIONS 4/30/87 SERVICES. 13. AGAIN APPROVING CITY MANAGER TO R-87-383 25-27 ENTER INTO NEGOTIATIONS FOR 4/30/87 ACQUISITION OF "MAX BAUER PARCEL" ON N.W. 2 AVENUE AND 5 STREET. 14. DISCUSSION AND DEFERRAL OF PROPOSED DISCUSSION 27-28 RESOLUTION CREATING AND INDEPENDENT 4/30/87 PANEL OF SEVEN NATIONAL EXPERTS TO INVESTIGATE ALLEGED DISCRIMINATION IN THE FIRE DEPARTMENT. 15. DISCUSSION REGARDING PROMOTIONS IN DISCUSSION 28-30 THE POLICE DEPARTMENT. INTRODUCTION 4/30/87 OF NEWLY APPOINTED OFFICERS. 16. LUISA BOTIFOL APPOINTED TO THE R-87-384 30 HERITAGE CONSERVATION BOARD. 4/30/87 17. EXTEND EASTERLY BOUNDARY OF R-87-385 30-31 EDISON/LITTLE RIVER NEIGHBORHOOD 4/30/87 COMMUNITY DEVELOPMENT TARGET AREA. 18. REFER TO CITY MANAGER FUNDING DISCUSSION 31-32 REQUEST FROM THE INNER CITY 4/30/87 CHILDREN TOURING DANCE COMPANY. 19. APPROVE PART OF REQUEST RECEIVED M-67-386 32-37 FROM ALLAPATTAH ECONOMIC BUSINESS 4/30/87 DEVELOPMENT AUTHORITY FOR "II ALLAPATTAH FAIR; REFER FUNDING REQUEST TO MANAGER. 20. ALLOCATE 48,500 FOR "FIESTA 20 DE R-87-387 37-38 MAYO." 4/30/87 0 21. LONG DISCUSSION REGARDING DRUG DISCUSSION 38-46 SCREENING PRACTICES THROUGHOUT THE 4/30/87 CITY DEPARTMENTS. 22. DECLARE THAT UNLESS OTHER R-87-388 47-49 MUNICIPALITIES IN DADE COUNTY 4/30/87 ACCEPT THEIR FAIR SHARE OF JAIL FACILITIES, THERE SHOULD BE NO MORE JAILS IN MIAMI. 23. (A) RECONSIDERATION OF AGREEMENT DISCUSSION 49-54 WITH SPILLLS, CANDELA FOR EXPANSION 4/30/87 OF COCONUT GROVE EXHIBITION CENTER. (B) DISCUSSION REGARDING HELIPORTS IN THE CITY OF MIAMI. 24. (A) DISCUSSION RE DISBURSEMENT OF M-87-389 54-62 BOND MONEY TO INNER CITY PARKS. (B) 4/30/87 APPROVE A "LOAN POOL PROGRAM" FOR THE FINANCING OF BAYFRONT PARK AND CITYWIDE PARKS. 25. EMERGENCY ORDINANCE: INCREASE ORDINANCE 63-66 APPROPRIATIONS FOR "NORTH RIVER 10264 DRIVE STREET IMPROVEMENTS" AND R-87-390 "N.W. 8TH STREET ROAD HIGHWAY IMPROVEMENT." (B) URGE FLORIDA LEGISLATURE TO EXEMPT ALL CITY PROJECTS FROM STATE SALES TAX ON SERVICES; URGE REPEAL OF SALES TAX ON MATERIALS USED ON CITY PROJECTS. 26. (A) ACCEPT BID: OF MARKS BROTHERS, COMPANY FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-4501; (B) ACCEPT BID: OF SOLO CONSTRUCTION CORP. FOR SHENANDOAH STORM SEWER PROJECT; (C) ACCEPT COMPLETED WORK: OF EBSARY FOUNDATION COMPANY FOR DINNER KEY MARINA - FILE REPLACEMENT; (D) ACCEPT BID: OF ALFRED LLOYD & SONS, INC FOR S.W. 12 STREET SANITARY SEWER REPLACEMENT PROJECT; (E) ACCEPT BID: OF MADSEN/BARR CORPORATION FOR N.11. 8 STREET ROAD HIGHWAY IMPROVEMENT; (F) ACCEPT COMPLETED WORL: M.VILA & ASSOCIATES FOR FIRE DEPARTMENT - STORAGE MEZZANINE. R-87-391.1 66-71 R-87-391.2 R-87-391.3 R-87-391.4 R-87-391.5 R-87-391.6 27. DISCUSSION RE FORGERY OF SENATOR DISCUSSION 71-72 CARRIE MEEK'S LETTER CONCERNING 4/30/67 HOUSEBOATS ISSUE (PRESENTED INTO THE PUBLIC RECORD AT A PREVIOUS MEETING) ORDER INVESTIGATION BY STATE ATTORNEY. 28. DISCUSSION RE PORT BRIDGE AGREEMENT DISCUSSION 72-75 WITH DADE COUNTY - PORT BOULEVARD 4/30/87 (SEE LABEL #29-B) 29. (A) DISCUSSION RE SURPLUS VEHICLES DISCUSSION 76-77 BEING STRIPPED BEFORE THEY ARE 4/30/87 DONATED TO CITY OF SWEETWATER. (B) CONTINUED DISCUSSION RE PORT BRIDGE (SEE LABEL #28) (C) COMMENTS ON CLAY COURT AT MOORE PARK. 30. PRESENTATION, PROCLAMATIONS, PRESENTED 78 SPECIAL ITEMS. 4/30/87 31. PUBLIC HEARING AND DEFERRAL OF THE M-67-392 APPROVED GRANT PROGRAM FINAL 4/30/87 STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 32. (A) DECLARE WEEK OF APRIL 30 AS R-87-393 RONNIE DE SILLERS WEEK. (B) R-87-393.1 CONDOLENCES FOR RONNIE DESILLERS= 4/30/87 URGE FEDERAL GOVERNMENT TO CREATE A NATIONAL BANK FOR ORGAN TRANSPLANTS. 33. APPOINT M16HAEL ZOGBY TO THE CODE R-87-394 ENFORCEMENT BOARD. 4/30/87 34. APPROVE WORDING FOR WATSON ISLAND M-87-395 CHARTER AMENDMENT REFERENDUM. 4/30/87 35. ORDER DRAFT FOR LEGISLATION TO M-87-396 EXEMPT CITY REDEVELOPMENT PROJECTS 4/30/87 AND AFFORDABLE HOUSING PROJECTS FROM REQUIRING APPROVAL AT A REFERENDUM REPORT SALE OR LEASE OF CITY LAND AT LESS THAN FAIR MARKET VALUE. 36. CLOSE PORTION OF N.E. 21 STREET R-87-397 AND 20 TERRACE. 4/30/87 37. CLOSE ALLEY BOUNDED BY S. MIAMI R-87-398 AVENUE, S.E. 13 STREET, BRICKELL 4/30/87 AVENUE AND S.E. 14 STREET. 38. DISCUSSION AND DEFERRAL OF APPEAL M-87-399 BY NEIGHBORS OF THE SPECIAL 4/30/87 EXCEPTION TO PERMIT AN ADULT CONGREGATE LIVING FACILITY AT APPROXIMATELY 50 S.W. 32 COURT ROAD. 39. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION OF CONSIDERATION OF A DRIVE-IN FOR 4/30/87 TRUST BANK AT APPROXIMATELY S.W. 22 AVENUE AND 8TH STREET (SEE LABEL #442) 40. FIRST READING ORDINANCE: CHANGE FIRST PLAN DESIGNATION OF 3684-88 S.W. 26 READING STREET FROM LOW -MODERATE DENSITY 4/30/87 RESIDENTIAL TO COMMERCIAL - RESIDENTIAL. 41. FIRST READING ORDINANCE: ZONING FIRST CHANGE AT 3684-88 S.W. 26 STREET READING FROM RG-1/3 TO CR-2/7. 4/30/87 42. CONTINUED DISCUSSION - GRANT DRIVE- R-87-400 IN PERMIT FOR TRUST BANK S.W. 22 4/30/87 AVENUE AND 8TH STREET (SEE LABEL #E39). 43. GRANT REDUCTION OF NUMBER OF R-87-401 RESERVOIR SPACES FOR DRIVE-IN AT 4/30/87 S.W. 22 AVENUE AND 8 STREET (TRUST BANK) 44. GRANT PERMIT FOR PARKING LOT AT R-87-402 2220 S.W. 7 STREET (TRUST BANK) 4/30/87 45. GERALD MCDONALD WAS INTRODUCED AS DISCUSSION MANAGER OF MIAMI AREA. 4/30/87 78-100 100-101 102 102-106 106-108 108-109 110 114-118 118-120 120-121 121-133 133-135 135-139 139 46. GRANT VARIANCE TO CONSTRUCT LOW R-87-403 140-141 INCOME HOUSING PROJECT AT 542 S.W. R-87-403.1 1 STREET. (B) DENY VARIANCE TO 4/30/87 CONSTRUCT LOW INCOME HOUSING PROJECT AT 501 S.W. 1 STREET. 47. LONG PUBLIC HEARING, FIRST READING FIRST 141-179 ORDINANCE; APPROVE S.W. 27 AVENUE READING GATEWAY DISTRICT. (SEE LABEL #49-A) 4/30/87 48. DISCUSSION, TEMPORARY DEFERRAL OF DISCUSSION 179-181 ATLAS CHANGE FROM RO-2.1/5 AND RG- 4/30/87 2/5 TO SPI-13 (27TH AVENUE GATEWAY DISTRICT) (SEE LABEL 050) 49. (A) AMEND 27TH AVENUE GATEWAY M-87-404 182-185 DISTRICT TO PROTECT THE RESIDENTIAL FIRST AREA ENCROACHMENT BY COMMERCIAL READING AREA PARKING; (B) FIRST READING 4/30/87 ORDINANCE: ZONING CHANGE FORM RO- 2.1/5 AND RG-2/5 TO SPI-13 FOR 27TH AVENUE GATEWAY DISTRICT. 50. FIRST READING ORDINANCE: ATLAS FIRST 185-186 CHANGE FROM RO-2.1/5 AND RG-2/5 TO READING SPI-13 (27TH AVENUE GATEWAY 4/30/87 DISTRICT) (SEE LABEL #48) 51. FIRST READING ORDINANCE: ZONING FIRST 187 CHANGE FROM RG-1/3 TO RG-2/5 IN READING CERTAIN AREA FOR 27TH AVENUE 4/30/87 DISTRICT. 52. FIRST READING ORDINANCE: ZONING FIRST 188-189 CHANGE FROM RG-1/3 TO RG-2.1/3.3 IN READING CERTAIN AREA OF 27TH AVENUE 4/30/87 DISTRICT. G 53. FIRST READING ORDINANCE: ZONING FIRST 189-191 CHANGE FROM RG-1/3 TO RG-2.1/3.3 IN READING CERTAIN AREA OF 27TH AVENUE 4/30/87 DISTRICT. 54. SECOND READING ORDINANCE: CHANGE ORDINANCE 192-193 COMPREHENSIVE PLAN FROM MODERATE 10265 DENSITY RESIDENTIAL USE TO 4/30/87 RESIDENTIAL -OFFICE USE AT 4091 S.W. 2 TERRACE. 55. SECOND READING ORDINANCE: ZONING ORDINANCE 193-194 CHANGE FROM RG-2/4 TO RO-3/6 AT 10266 4091 S.W. TERRACE. 4/30/87 465,000 56. ALLOCATE TO CONDUCT THE R-87-405 194-196 COCONUT GROVE COMPREHENSIVE TRAFFIC 4/30/87 STUDY, SAID. ALLOCATION TO BE REIMBURSED FROM THE GRAND OAK LIMITED PARTNERSHIP. 57. SECOND READING ORDINANCE: AMENDING ORDINANCE 197-198 ORDINANCE 9500 - "PERMANENT ACTIVE 10267 RECREATION FACILITIES AS ACCESSORY 4/30/87 USES IN RESIDENTIAL DISTRICTS," "PARKING REQUIREMENTS FOR HOUSING FOR ELDERLY," AND LIMITATIONS ON ILLUMINATED OR FLASHING SIGNS." 58. ADMINISTRATION TO REVIEW M-87-406 198-199 APPLICATIONS FOR CLUSTER HOUSING 4/30/87 DEVELOPMENT WHICH WERE FILE WITH THE CITY PRIOR TO THE BANNING OF SAID DEVELOPMENTS. 40 59. DISCUSSION AND DEFERRAL OF PROPOSED SECOND READING ORDINANCE AMENDING ORDINANCE 9500 - "PRINCIPAL USES AND STRUCTURES" "MINIMUM LOT REQUIREMENTS," ETC. 60. ADMINISTRATION INSTRUCTED TO COME BACK AT MAY 28TH COMMISSION MEETING WITH A REVISION OF ORDINANCE 9500. 61. ALL ITEMS NOT HEARD ON THIS DATE ARE CONTINUED TO MAY 28TH, 1987. DISCUSSION 4/30/87 M-87-407 4/30/87 M-87-408 4/30/87 199-201 202 203-204 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 30th day of April, 1987, 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 9:07 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: j Commissioner Miller J. Dawkins j Commissioner Rosario Kennedy Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo Vice -Mayor J.L. Plummer, Jr. ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. PLAQUES, PROCLAMATIONS, AND PRESENTATIONS: A. PROCLAMATION: AMERICAN HOME WEEK: To join the Miami Board of Realtors In this celebration and bring attention to the importance of our right to own land. B. PROCLAMATION: MODESTO A. MAIDIQUE: For his contributions to the betterment of our community. C. PROCLAMATION: 4TH ANNUAL MANUFACTURERS HANOVER CORPORATE CHALLENGE DAY: Supporting this event, whose proceeds will benefit the not -for -profit Greater Miami Running Association. D. COMMENDATION: RONALD G. KHAWLY: For his contributions to the safety of our residents. E. COMMENDATION: JESSE SARMIENTO: For his contributions to the world of literature and for his humanitarian efforts on behalf of the children of our city. (Note for the Record: Commissioner Carollo entered the meeting at 9:17 a.m.) F. CERTIFICATES OF APPRECIATION: MEMBERS OF THE GREATER MIAMI HOST _ COMMITTEE, COMMUNITY VOLUNTEERS AND CITY OF MIAMI, AND METRO-DADE EMPLOYEES: For their contributions to the success of the XXVIII Annual Meeting of the Inter -American Development Bank's Board of Governors. G. PROCLAMATION: BARRIER AWARENESS DAY: To bring attention to the value of constructing a community free from architectural, engineering, transportation, attitudinal, and employment barriers to the disabled. 1 1 April 30, 1987 IN A 2. CONSENT AGENDA ------------------------------------------------------------------------------ Mayor Suarez: Items 1 - 6 constitute the Consent Agenda. Commissioners, do you want to tell me if you want to pull any items? Mr. Odic: Mr. Mayor, I would like to withdraw items 16, 17, and 18. Mayor Suarez: Items 16, 17 and 18 have been announced to be withdrawn by the manager, who put them on the agenda in the first place, I guess. If there's anyone here who expected to be heard on those, let us know if you have any objections to those being withdrawn. Presume not. Officer, are you involved in any of these items? NOTE FOR THE RECORD: At this point, Mayor Suarez introduces a Proclamation for Barrier Awareness Day which was formally read into the Public record. Mayor Suarez: Okay, we have a quorum and let me announce one more time, " Consent Agenda items one..... is comprised of items one through six. If there's anyone that wishes to be heard on any one of those six items, would you please step forward, for or against those items. Let the record reflect that no one has stepped forward. Mr. Odio: Include 6.1. Mayor Suarez: Including 6.1, so that would be 1-6, the integers, and 6.1 additionally. Commissioner Carollo. Mr. Dawkins: Pull 6.1. Mayor Suarez: Six point one has been pulled by Commissioner Dawkins. So it's items one through six at this point. (Unintelligible Background Comments) Mr. Carollo: You want 6.1 pulled out? Mr. Dawkins: Yes. Mr. Carollo: I agree with you. Mr. Dawkins: Okay. Move everything but 6.1. Mayor Suarez: Okay, with the exception of 6.1, items 1 - 6 moved by Commissioner Dawkins ... Mr. Carollo: Second. Mayor Suarez: Seconded, Commissioner Carollo. Any further discussion? Call the roll on those items. THE FOLLOWING RESOLUTIONS WERE INTRODUCED BY COMMISSIONER DAWKINS, SECONDED BY COMMISSIONER CAROLLO AND PASSED AND ADOPTED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Mayor Xavier L. Suarez , NOES: None. ABSENT: Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. 2 April 30, 1987 v v 2.1 2.2 2.3 EXECUTE AGREEMENT WITH SPARBER, SHEVIN, SHAPO AND HEILBRONNER FOR CONSULTANT SERVICES. RESOLUTION NO. 87-372 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LAW FIRM OF SPARSER, SHEVIN, SHAPO AND HEILBRONNER, P.A., FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $140,000 FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED $10,000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) EXECUTE PRELIMINARY DEVELOPMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR DEVELOPMENT OF OVERTOWN/PARK WEST. RESOLUTION NO. 87-373 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PRELIMINARY DEVELOPMENT AGREEMENT (PDA) WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA), IN SUBSTANTIALLY THE FORM ATTACHED, FOR THE DEVELOPMENT OF PHASE I OF THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ACCEPT PROPOSAL OF MIAMI PIONEERS, INC. FOR LEASE OF RECREATION BUILDING AT LUMMUS PARK - AUTHORIZE AGREEMENT. RESOLUTION NO. 87-374 A RESOLUTION ACCEPTING IN PRINCIPLE THE PROPOSAL OF MIAMI PIONEERS, INC., A NOT FOR PROFIT CORPORATION, FOR THE LEASE OF THE RECREATION BUILDING, SITUATED IN THE CITY OF MIAMI' S LUMMUS PARK FOR THE PURPOSE OF COLLECTING, PRESERVING AND MAINTAINING HISTORICAL DATA OF MIAMI AND PROVIDING HISTORICAL ENRICHMENT TO THE COMMUNITY; AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT A NEGOTIATED LEASE AGREEMENT TO THE CITY COMMISSION AS SOON AS PRACTICABLE FOR FINAL CONSIDERATION AND APPROVAL BY THE CITY COMMISSION PRIOR TO THE EXECUTION OF SAID CONTRACT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) April 30, 1987 2.4 RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY CANAAN MISSIONARY BAPTIST CHURCH RESOLUTION NO. 87-375 A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS CLAIMED BY THE CANAAN MISSIONARY BAPTIST CHURCH AND RELIGIOUS CENTER IN SUPPORT OF ITS REQUEST FOR RETURN OF MONIES PAID BY IT BECAUSE OF ITS FAILURE TO TIMELY FILE APPLICATION FOR TAX-EXEMPT STATUS OF CHURCH PROPERTY LOCATED WITHIN THE CITY OF MIAMI; AUTHORIZING AND INSTRUCTING THE FINANCE DIRECTOR TO PAY TO SAID CHURCH THE AMOUNT OF $6,419.78, SAID SUM BEING CONFIRMED AS THE AMOUNT TO BE RECEIVED BY THE CITY AS A RESULT OF THE CHURCH'S NONCOMPLIANCE WITH THE FILING DEADLINE; FURTHER ALLOCATING SAID SUM FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here *-follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.5 RATIFY ALLOCATION OF $25,000 TO NATIONAL CONFERENCE OF BLACK MAYORS RESOLUTION NO. 87-376 A RESOLUTION RATIFYING AN ALLOCATION FOR THE FUNDING OF IN -KIND SERVICES IN THE AMOUNT OF $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE NATIONAL CONFERENCE OF BLACK MAYORS HELD LOCALLY APRIL 22-26, 1987, SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH 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.) 2.6 CLOSE STREETS FOR THE U.S. TRIATHLON SERIES. RESOLUTION NO. 87-377 A RESOLUTION CONCERNING THE U.S.T.S.(UNITED STATES TRIATHLON SERIES) BUD LIGHT TRIATHION CO -SPONSORED BY THE CITY OF MIAMI AND THE GREATER MIAMI CHAMBER _ OF COMMERCE, INC. TO BE HELD MAY 3, 1987, CLOSING CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENT OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 3. EXECUTE AGREEMENT WITH SPILLIS CANDELA AND PARTNERS FOR PLANNING AND DESIGN SERVICES FOR COCONUT GROVE EXHIBITION CENTER (See label #23) Mayor Suarez: Item 6.1. Mr. Dawkins: Six point one, Mr. Manager, why is it that these guys always come up with the contracts and no small minority contractors ever get any damn, any contracts with the City? Ms. Juanita Shearer: Commissioner Dawkins. My name is Juanita Shearer with the Department of Development. I worked vith the selection committee which was chaired by Jack Eads and we evaluated all of the responses we received. The firms that participated in this, and of the ones that we received, had different levels of minority participation, sir. However, those which were the finalists, of those which were the finalists, there were no small black minority firms. 4 April 30, 1987 Mr. Dawkins: I move you throw this out and start over since you all don't never seem to be able to find none; I'll help you find some. I move that this be thrown out and they readvertise and select somebody else, some more people. Mayor Suarez: So moved. Mr. Carollo: Is this the ... Mr. Dawkins: Joe, I've got a problem ... Mr. Odio: This is the, Coconut Grove ... Mr. Dawkins: They can never find no small minority firms. They always come up with these and now she tells me that ... Mr. Carollo: This is the sixth one, right? Mr. Dawkins: Yeah, the sixth one. Mr. Carollo: I agree with you ... Mr. Dawkins: Throw it out and start over. Mr. Carollo: This is nothing personal... Mr. Dawkins: No, its not. Mr. Carollo: ... against Spillis, Candela and Partners, but every time I turn around, it's the same firm that's doing all the work. i Mr. Dawkins: Thank you, Joe, that's right. The little guys don't get nothing, Joe. Mayor Suarez: We have a motion on it? 1 Mr. Carollo: I can't believe they're the only firm in town who does this. Mayor Suarez: Did we not vote on this before? Ms. Shearer: You voted to authorize us to negotiate an agreement with this firm. They were one of three recommended to you by the selection committee, sir. Mayor Suarez: Who were the other two? Ms. Shearer: Just a second. Do you remember the other? Mr. Julio Grabiela: Commissioner Dawkins. Good morning. I am Julio Grabiela, partner with Spillis, Candela and Partners. We would be more than happy to incorporate into our contract a small black minority contractor into this project all the way through the process. Mr. Dawkins: All right. I appreciate that. But my problem is not your incorporating them in it, my problem is a black Latin firm getting the contract and then incorporating you. Mr. Grabiela: Excuse me, Commissioner Dawkins, if I may point out, our firm, Spillis, Candela and Partners, is a minority firm owned by Latins, of which I am a partner. Mr. Dawkins: That's like Joe said, my argument is not with the firm, okay? My argument is that you guys get all the work and the small struggling architectural firms are starving to death. That's my problem. And every time I look us, it's one of the big firms, and the small guys continue, that you guys keep continuing to tell me that you will go out and get one of them to come in with you. I mean, why ... let's let them come in on their own sometime and let them make all the money, you know, that's all. Who are the other ones? You say. Ms. Shearer: Commissioner, I need to bring that information to you. I don't have it with me. I can get it in about ten minutes. 5 April 30, 1987 16 Is Mr. Dawkinss No ma'am, no ma'am. I move to throw it out and readvertise and if you can't come up with nothing better, then I may go along with it. Mayor Suarez: Do you want to consider throwing out this or not approving this resolution, but giving the department an opportunity to negotiate further with the firms to get more ... Mr. Dawkinss No, no, no. Me personally - now I don't know about nobody else up here. My problem is, the small designing architectural firms are starving to death. Okay? And everytime we - we cannot find any of the small ones, we end up with the big firms who are making money anyway and these little small guys got to go to work with them and they never become independent. Because they always got to be dependent on the larger company. And it's time that these larger companies understand that hell you - everybody is an architect - everybody went to school to learn how to draw - everybody wants to be ... wants a firm like this. But if we always got to tell them that they got to go and be a partner, they never will be on their own. Now, that's my feeling, I don't know - that's just one vote on the commission. Ms. Kennedy: Commissioner, I can understand what you're saying, but, again, then, are we delaying this? I don't know if that's what we want to do. Mr. Dawkins: I moved it didn't get a second, so it's dead. Now whatever else you all bring up, I'm voting "no" on it. I don't care. I have no problems with being on the losing side of a four -one vote, a three -one vote, or nothing, but I have to state my conviction and my conviction is that small companies are starving to death while the big .... while we sit here and take taxpayers' dollars and continue to help the larger companies to grow. Mr. Odio: Commissioner. Commissioner Dawkins, may I proffer something please? Could we delay this until this afternoon and I promise you this afternoon we'll bring it back with a black architect included. As partner, as a partner. Mayor Suarez: And one suggestion ... Mr. Dawkins: Yeah but - but then, then we, we are not being fair because then we are not letting our selection process rise. See, this firm has been ... Mr. Carollo: I seconded that motion to throw it out. Mr. Dawkins: Okay, good. It's been seconded. Mayor Suarez: Moved and seconded. Ms. Kennedy: What is your motion again? Mr. Dawkins: That this be thrown out and they go back out and come back with some more selections that include some small firms and not these big firms who constantly get all the School Board work, all the City of Miami work, all of Miami -Dade Community College's work, all of Dade County's work. Get some of these smaller companies. Ms. Kennedy: Okay, let me suggest something in the spirit of not delaying this again. Can we table it until this afternoon to see if we can come up with other firms? If not, we'll ... Mr. Dawkins: No ma'am. It's a motion, it's a motion. Mr. Carollo: Commissioner Kennedy, let me tell you where I'm coming from so Miller can understand. I don't necessarily mind if they're big or small firm, as long as they're representative of our community. What I do mind, is seeing the same firms time, and time, and time again here. Ms. Kennedy: I understand. Mr. Dawkins: See? We're saying the same thing. We're saying the same thing. And not only are they here, Joe, they are at had Dade County, they are at the School Board, and Miami -Dade Community ... I could take you to Miami -Dade Community College right now and show you that this is the only firm that built, or damn near, every building we got at Miami -Dade. 11 6 April 30. 1987 is Mayor Suarez: What does the procedure entail, as far as assuming we throw out the ...? Mr. Odic: We would have to list 60 days for the period of advertising and go through a selection process, bring it back here with treated recommendations and you approve one ... Mayor Suarez: Why do we have to go through all of that, on a , on a ... Mr. Odic: You have to advertise. Ms. Shearer: The legislation that covers this requires us to go through public advertisement for a minimum of 15 days, receive proposals and evaluate them in a three level process. Mayor Suarez: Even though it's not a competitive bidding situation, we still have to go through all of that? Ms. Shearer: Yes, sir, it's a consultant's competitive negotiations. Mayor Suarez: It's the equivalent for consultants? Ms. Shearer: Yes, sir. Mayor Suarez: I thought as long as we had three ... Ms. Shearer: We can bring you the other three ... Mayor Suarez: ... proposals that we could go ahead and act on them at any point - on consultants. Ms. Shearer: We can bring you the names of the other two teams. Mr. Dawkins: You see, Mr. Mayor ... Mayor Suarez: Yes. Mr. Dawkins: ... that's part of my argument. They were so damn sure that this firm was going to get it, they didn't even bring the other two to show you. That's ridiculous ... Mayor Suarez: That's ... that's a real concern. Mr. Dawkins: Yeah, that's ridiculous. Ms. Shearer: You saw them before - you saw them before. i Mr. Odic: Let me clarify that, please. No, no..... Mayor Suarez: I think we had previously selected this one from the three. Mr. Odic: We brought you, the selection committee brought you three firms ... Mr. Dawkins: Okay, where are they? Mr. Odic: ... about two months ago. Mayor Suarez: We had done this, this In just the resolution confirming it. Mr. Dawkins: No they did, I didn't. Mr. Odic: ... you selected this one and ordered us to negotiate with this one. Mr. Dawkins: Okay, I'll tell you what - okay. Joe, it appears that we already did this, okay? Miss, Miss - will the law department tell me legally what to do here? Ms. Dougherty: Commissioner Dawkins, this firm has already been selected. If you want to change the scope of the project or if you believe that this contract is too much, then you can reject this contract with this contractor and we would then have the requirement of negotiating with the other two. Not coming to final solution, then we would go out and do the whole process again. 7 April 30, 1987 Mr. Dawkins: Okay, along the lines of what Commissioner Carollo said, if he'll go along with this, I'll go along with it. Okay, this has been done; there's nothing else we can do about it. But if you bring anything else here in the next three years, I mean you just have to tell these people, "Don't bid on nothing in the next three years", because I'm not going to pass nothing you give them, okay? And this afternoon, bring me back the minority participation that you all got in here. What did you say, Joe? Mr. Odio: Yes. By the way, Commissioner, they did - they also bid on the Knight Center and lost. Mr. Dawkins: I wouldn't give a damn what else they bid on, don't bring it to me. Mr. Odio: They lost. Mr. Dawkins: Well, I don't care. Then I don't have to even discuss that. Mr. Odio: Okay, I just wanted you to know. Mr. Dawkins: Don't bring nothing else to me they bid on with the City of Miami, okay? Tell them that they've had enough of the City of Miami money. Let somebody else make some. That's agreeable with you, Joe? Mr. Carollo: Let me try to ... Mr. Dawkins: Okay, go ahead. Mr. Carollo: ... rephrase it a little differently, Miller. I think the way we should rephrase it, we can't prevent anyone from bidding ... Mr. Dawkins: Okay. Mr. Carollo: ... that would, I think, cause us some legal problems. But I think that we could make it clear that what we're looking for are not only quality firms, such as Spillis, Candela and some of the others that have applied, but firms that are going to be more representative of the general public and, at the same time, firms that we have not dealt with on a constant,and constant, and constant basis. Mr. Dawkins: Okay, no problem. Okay. Mayor Suarez: That's in the form of a motion and a second? Let me do one admonition too, for myself, I won't tell you that I won't vote for Spillis, Candela in the future, but it would be extremely helpful if you would have some black members of the firm at the partnership level. Ms. Kennedy: I agree. Mr. Carollo: We'll withdraw our second and I'm sure Mr. Dawkins will withdraw his motion. Mr. Dawkins: Yep. Mayor Suarez: I need a new motion. Mr. Jack Bads: Commissioner, we'll make sure that there in the evaluation process that there is a decline in the number of points that a firm receives for previous City business. We'll make sure that continues to be a part of the process. Mayor Suarez: Okay, do we have a motion and a second? Mr. Dawkins: I don't know, I haven't made one. Ms. Kennedy: I move to accept this. Mr. Dawkins: I'm not seconding it. Mayor Suarez: With the proviso of some black participation. 8 April 309 1987 Mr. Dawkins: I'm not seconding it, the hell with it. Mayor Suarez: We have a motion. Do we have a second? Commissioner Carollo, did you second the motion? Mr. Carollo: Yes ... Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-378 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, FOR $150,000 ($140,000 CONSULTANT FEE AND $10,000 PRESENTATION ALLOWANCE) IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND SPILLIS, CANDELA & PARTNERS, INC.; TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES FOR THE RENOVATION AND EXPANSION OF THE COCONUT GROVE EXHIBITION CENTER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: Vice -Mayor J. L. Plummer, Jr. 4A. CITY NOT TO DEAL WITH BANKS WHICH HAVE FORMERLY REFUSED TO FUND PROJECTS IN THE S.E. OVERTOWN/PARK WEST AREA; 4B. EMERGENCY ORDINANCE: AUTHORIZE PUBLIC OFFERING OF SPECIAL REVENUE REFUNDING BONDS TO FINANCE THE REFUNDING OF ALL OUTSTANDING CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS Mayor Suarez: Item 7. Emergency ordinance. Mr. Odio: This is authorizing the issuance of a special revenue refunding bond, series 1987, approving a bond purchase agreement, trust indenture, escrow deposit agreement, and a preliminary official statement appointing a trustee, bond raiser, and a paying agent and also authorizing an officer of the city to take necessary action to accomplish the negotiated sales of the bonds. This is the refinancing of the Knight Center. The interest on bonds shall not exceed 8.5%. We're going to have to wait ... Mayor Suarez: This is a formalizing ordinance, is that right? Mr. Odlo: Yes. Mayor Suarez: I mean we have previously acted ... Mr. Odio: Yes, you sir. Mayor Suarez: ... on the policy embodied in this. Ms. Kennedy: Move it. Mr. Odio: I have to warn the commission that ...... Mayor Suarez: ... and we've even contracted with underwriters and so on. 9 April 30, 1987 � �E Mr. Odio: I have to warn the commission that the interest doesn't look good right now so we going to have to wait ... (Note: unintelligible comment here) Mr. Odio: ... for a window where we see where we can save this money. Mayor Suarez: The prime rate went down, British prime rate went down yesterday. I think I saw in the Wall Street Journal, so maybe we'll have a trend there. Below 10%. Mr. Odio: So we need this approval and have it ready so that when the window is there, we can go ahead and move. Ms. Kennedy: We can go ahead and jump in. Mr. Dawkins: Okay, Mr. Manager, Mr. Bailey, or somebody. Down here where it says, "... authorizing the appointment of a trustee, an escrow agent, a bond registrar, and a paying agent." Who is that going to be? Mayor Suarez: Are we going to try to use city staff for all of that or ... Mr. Carlos Garcia: No way. Mr. Mayor and Commissioners, they have to be outside bankers - they have to be bankers. We're using Florida National Bank which is the ... Mr. Dawkins: Don't use nobody who refused to fund Park West Overtown projects, okay? Mr. Garcia: We'll take that into consideration. Mr. Dawkins: No, no, no, no. I want that understood. I make a motion. I make a motion ... Mr. Garcia: Yes, sir. Mr. Dawkins: ... that none of the banks in the City of Miami who refused to fund projects in Overtown/Park West be considered for escrow agent, trustee, bond registrar, or paying agent. Ms. Kennedy: Second. Mayor Suarez: Yes specifically we have been negotiating ... Moved and seconded. ... we've been negotiating, I believe with five banks that are part of that consortium. Any of those who don't come aboard and participate in Overtown/Park West financing are included in that motion. Mr. Garcia: Very good. Mr. Dawkins% It's been moved and seconded. Mr. Garcia: We have a replacing ordinance here this morning ... Mr. Dawkins: Call the roll, call the roll. Mayor Suarez: You may not be able to go with the big boys this time. Mr. Dawkins: Call the roll before you all forget this and I'll be arguing and it won't be acted on. Call the roll. Mayor Suarez: Moved and seconded. Any discussion? No clarifications or anything? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 87-379 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENSURE THAT NO BANK WITHIN THE CITY BE SELECTED AS ESCROW AGENT, TRUSTEE, BOND REGISTRAR OR PAYING AGENT IN CONNECTION WITH PUBLIC OFFERING OF CITY OF MIAMI SPECIAL REVENUE REFUNDING BONDS - SERIES 1987 IF SAID BANK HAS PREVIOUSLY REFUSED TO FUND PROJECTS IN THE OVERTOWN/PARK WEST AREA. (See related Emergency Ordinance No. 10258) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Mr. Dawkins: Okay, now go on with your discussion. Mayor Suarez: Thank you. Anything else on this item. Now that we've voted on it and passed it. Item eight. Ms. Dougherty: No, this is an emergency ordinance of the City of Miami. AT THIS POINT THE CITY ATTORNEY READS EMERGENCY ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: We have to take another vote on that, I guess, after reading the ordinance. Call the roll. Ms. Hirai: Need a move and a second, Mr. Mayor. Mayor Suarez: I'm sorry? Ms. Hirai: On the ordinance. I need a move and a second. Mr. Dawkins: Moved. Ms. Kennedy: Moved. Mayor Suarez: Moved and seconded, call the roll. 11 April 30, 1987 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA AUTHORIZING THE PUBLIC OFFERING OF THE CITY OF MIAMI, FLORIDA SPECIAL REVENUE REFUNDING BONDS, SERIES 1987, TO FINANCE THE REFUNDING OF ALL OF THE CITY'S OUTSTANDING CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS DATED JULY 1, 1980; APPROVING THE NEGOTIATED SALE OF THE REFUNDING BONDS AUTHORIZED HEREIN IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED 470,000,000 TO THE UNDERWRITERS AT AN EFFECTIVE -INTEREST RATE NOT TO EXCEED EIGHT AND ONE- HALF PERCENT (8-1/22) IN ONE OR MORE MATURITIES, NONE OF WHICH SHALL EXCEED THIRTY (30) YEARS; FINDING THAT A NEGOTIATED SALE OF SAID REFUNDING BONDS IS IN THE BEST INTEREST OF THE CITY; APPROVING THE FORM, EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF SAID REFUNDING BONDS; APPROVING THE FORM, EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE REFUNDING BONDS AUTHORIZED HEREIN; APPROVING THE FORM, EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT SECURING THE PAYMENT OF THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON ALL OF THE CITY'S OUTSTANDING CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS DATED JULY 1, 1980; APPROVING THE FORM OF THE PRELIMINARY OFFICIAL STATEMENT AND THE FORM AND EXECUTION OF THE OFFICIAL STATEMENT, EACH TO BE USED IN CONNECTION WITH THE OFFER AND SALE TO THE PUBLIC OF THE REFUNDING BONDS AUTHORIZED HEREIN; AUTHORIZING THE APPOINTMENT OF A TRUSTEE, AN ESCROW AGENT, A BOND REGISTRAR AND A PAYING AGENT; AUTHORIZING APPROPRIATE OFFICERS OF THE CITY TO TAKE SUCH INCIDENTAL ACTIONS AS SHALL BE NECESSARY AND APPROPRIATE TO ACCOMPLISH THE NEGOTIATED SALE OF THE REFUNDING BONDS AUTHORIZED HEREIN, INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT OF RESERVE FUNDS OR THE PROCUREMENT OF CREDIT ENHANCEMENT TO SECURE SAID REFUNDING BONDS; REPEALING INCONSISTENT ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON ITS ENACTMENT; AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A FOUR -FIFTHS VOTE OF THE COMMISSION. Was introduced by Commissioner Dawkins 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 10258.. 12 April 30, 1987 . he1`. •. r,r �r-i3d 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. 5. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS IN THE ENTERPRISE FUND, PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND FOR PURPOSE OF PAYING APPRAISAL FEES IN CONNECTION WITH THE REDEVELOPMENT OF CITY -OWNED PROPERTY AT 2640 SO. BAYSHORE DRIVE. Mayor Suarez: Item eight. Mr. Dawkins: Move it. Mayor Suarez: Moved by Commissioner Dawkins. Ms. Kennedy: Second. Mayor Suarez: Seconded. Any discussion, item eight. Read the ordinance, please, Madame City Attorney. Mr. Dawkins: Who's going to be the appraiser? Not no AIA. (INAUDIBLE RESPONSE NOT PLACED INTO THE PUBLIC RECORD) Mr. Dawkins: Yes, Jack .. Joe. Mayor Suarez: This is for a non AIA appraiser? (INAUDIBLE RESPONSE) AT THIS POINT THE CITY ATTORNEY READS EMERGENCY ORDINANCE INTO PHE PUBLIC RECORD, BY TITLE ONLY. Mr. Dawkins: Who's the appraiser? What's the appraisal firm you guys are going to use? Mr. Al Armada: This is the item that you passed earlier, just a moment ago, sir, and the two appraisers are Mr. Norman Kurferst and Mr. Leonard Bisz. Ms. Kennedy: Leonard Bisz. Mr. Dawkins: That's nine, that's nine. Mr. Armada: Yes, that is correct, nine. Mr. Dawkins: Now, eight. Then this is the money you want to pay them with. Mr. Armada: That's right, sir. Mr. Dawkins: And are they members of the AIA? Mr. Armada: They are members of the American Institute. These two guys were the lowest bidders when we solicited ... Mr. Dawkins: Well, I'm not voting because I told you guys not to bring this up here, okay? I keep telling you guys, don't bring AIA up here because they got no blacks and no Cubans as members of the AIA. I keep telling you that. And you all keep bringing this up here. Mr. ,Armada: Sir, as you know, and I have talked to you about this, we have made a terrific effort, particularly last year, to bring in black and Hispanic appraisers to work for the City for the first time ever ... Mr. Dawkinss Right. Mr. Armada: ... and last year we did a very good job, we got them almost more than fifty percent of the money that we put out, we gave to them. Now, it so happens that in this particular competition that we conducted, in order to 13 April 300 1907 0 0 have those appraisals done, okay, the lowest bidder were these two gentlemen. Everyone had the opportunity to bid on it. Everyone had an opportunity to make a proposal to us ... Mr. Dawkins: Okay, I'll tell you what. I'm going to go along with this, okay? Mr. Armada: Thank you, sir. Mr. Dawkins: But everytime you come up with anything that's border line, I'm going to throw it out. See, you come up here, you know damn well not to bring it up here. Because if you don't bring it up here, I don't have to sit here and argue, okay? No, no, no .... No, no, no. I'm going with it. Mr. Armada: Okay, sir. Mr. Dawkins: But anything else you come up here that's border line, you won't have my support. Okay? Because I keep telling you this over and over and you guys keep coming up here putting me on the spot like this. I'm the only one up here and I keep telling you AIA and then you tell me the minority's got almost fifty percent. Mr. Armada: No, more than fifty percent. Mr. Dawkins: Almost fifty per ... that could be forty-one percent. Mr. Armada: No, no. More than fifty percent. More than fifty percent. Mr. Dawkins: Until AIA understands that they got to bring some blacks and Latins and women into their organization, then I don't want to deal with them. Mayor Suarez: They really ought to found a whole new institute of appraisers, and call it the MIA or something, you know, Miami Institute of Appraisers. Mr. Armada: Mr. Mayor. Mayor Suarez: Really, I mean, the City's saying that we think that the AIA is exclusive and discriminatory, in effect, by not wanting to take them. These other guys ought to found another institute. These institutes are totally self ... Mr. Armada: Mr. Mayor, we... Mayor Suarez: You know, they've given themselves authority to tell the whole world who is a, you know, valid appraiser or not and they don't have any authority beyond that. Mr. Armada: Mr. Mayor, we do hire other ... Mr. Dawkins: Is Pat Milleson in the building? Is Pat Milleson in the building? She's an appraiser and I'm going to find out, hold it ... Mayor Suarez: Okay, do you want to table that item? We can go ahead and proceed to the next one, commissioner. Mr. Dawkins: Here she is. I got her, Mr. Mayor. I got her. Pat, come to the mike, please. Are you an appraiser? Pat Milleson: Yes, I am. Mr. Dawkins: I mean, a real estate appraiser? Ms. Milleson: Yes, I am. Mr. Dawkins: Do you belong to the AIA? Ms. Milleson: No, I don't. Mr. Dawkins: Okay. Did you know anything about bidding on this - whatever we got here? Ms. Milleson: Not to my knowledge. It might have been sent to me. 14 April 30, 1987 Mr. Armada: I sent you a letter. You're on my mailing list. Ms. Milleson: I don't remember it, Miller. Mr. Armada: I sent letters to everyone that I have been in contact with that are appraisers, whether they are members of the American Institute or whether they are members of other societies. We have, for example, Renee Roll Dawson, who is a black appraiser, and a female ,and she has done considerable work for us and we have hired her consistently. Now ... Mr. Dawkins: Who? Who? Mr. Armada: Renee Roll Dawson. Me. Milleson: Renee Roll ... Mr. Dawkins: All right, but here's another black female and she don't get nothing. Mr. Armada: Well air, I have never had a proposal submitted from Ms. • Milleson. Mr. Dawkins: You ... Mr. Armada: We've never had, but, we have her on the list. Mr. Dawkins: See, but you all can always find the people you want but you can't find the people I want. Mr. Armada: Well, you know, if - if - if; of course, I have her on the list and I have submitted letters to her and I can show that I have, okay? Now, if the fact of the matter is that she wants to get additional information from us in order to understand exactly how the procedure is, we will gladly speak to whomever ...as we've always done. Mr. Dawkins: No, no, from now on send me a list ... Mr. Armada: Ye, sir. Mr. Dawkins: and then I will send somebody out of my office a list; and I know everybody is, is .... okay? Mr. Armada: Okay, air. Very well. Mr. Dawkins: Thanks, Ms. Milleson. Ms. Milleson: All right. Mr. Dawkins: No - you got something to say - say it. Ain't no better time to say it than now. Ms. Milleson: I'm sorry. The only reason I was in the building was to leave a note in reference to fair housing and so I was busy writing a note to leave' In reference to that and most of the conversation I'm hearing now has something to do with discrimination or fair housing. So I really 'do think its important for the City to start looking further into participating with some activities on fair housing. In your CDBG block grant application you will review today, you have not allocated any funds at all to it. And all of these items that I have heard you discussing today fall under those categories, and I really do think you need to think about it. Thank you. Mr. Dawkins: Thank you. Mayor Suarez: You used your opportunity to lobby on a whole different issue. That was very good. Okay, item eight. Make sure that everybody does get those letters out and, maybe, as the commissioner's implying, a couple of phone calls to see.... I don't.....is that legal, Madame City Attorney, that we pursue a little bit more the minority applicants on some of these bidding processes by calling them and seeing why they're not applying. Maybe they didn't get the letter, or whatever? Can we go an extra step? You've got one right here. 15 April 90, 1987 .11 o. Mayor Suarez: Item eight. Mr. Dawkins: Eight was moved. it's nine ... Didn't we move eight? Ms. Hirai: It was moved and seconded. It hasn't been read. Read the ordinance on item eight, please. Mayor Suarez: Read the ordinance, please. AT THIS POINT THE CITY ATTORNEY READS EMERGENCY ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY.. Mayor Suarez: Call the roll. (Note: Unidentifiable speaker questions whether Ms. Dougherty has just read the correct ordinance.) Mayor Suarez: You're reading eight, right? Ms. Dougherty: I've read eight already. I read eight a long time ago. Mayor Suarez: Do we have, Madame City Clerk - do we have the reading of eight before we vote on it? Ms. Hirai: No, we're going to call the roll on it..Mr. Dawkins ... Mayor Suarez: Wait, wait, but that ... that. Ms. Dougherty: I read eight. Mayor Suarez: What was it? Mr. Dawkins: That's eight or nine? Ms. Hirai: This is item eight. Ms. Dougherty: Nine you don't read. Mayor Suarez: Okay, we've read eight and we have a motion and a second on eight. Call the roll. Ms. Dougherty: I read eight before. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 10150, ADOPTED SEPTEMBER 25, 1986, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987, BY INCREASING THE APPROPRIATIONS IN THE ENTERPRISE FUND, PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND IN THE PROPOSED AMOUNT OF $9,700 FOR THE PURPOSE OF PAYING APPRAISAL FEES, IN CONNECTION WITH THE REDEVELOPMENT -OF CITY OWNED PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, REVENUE IN THE LIKE AMOUNT BEING AVAILABLE FROM PROPERTY AND LEASE MANAGEMENT'S 1985-1986 RETAINED EARNINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins 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- 16 April 30, 1987 r:rr.. ktin.s ��M I� HE AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10259. 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. ----------------------------------------------------------------- 6. ACCEPT APPRAISAL PROPOSALS OF LEONARD A. BISZ AND NORMAN KURFERST FOR APPRAISAL OF 2640 SO. BAYSHORE DRIVE ------------------------------------------------------------------------ Mayor Suarez: Okay, item nine. A resolution. I'll entertain a motion on the resolution. Ms. Kennedy: So moved. Mayor Suarez: We just discussed the whole thing; so moved. Do we have a second? Mayor Suarez: Seconded, Commissioner Dawkins. Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-380 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE APPRAISAL PROPOSALS OF LEONARD A. BISZ, MEMBER OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS, AT A FEE OF $4,750, AND NORMAN KURFERST, THE KURFERST COMPANY, MEMBER OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS AT A FEE OF 44,950, TO APPRAISE FOR FAIR MARKET VALUE THE CITY OWNED PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE,. MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" FOR REDEVELOPMENT, FUNDS TO COVER THE APPRAISAL COSTS BEING PROVIDED BY PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND. (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- 3� 17 April 30,J987 f AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 7. EMERGENCY ORDINANCE: ESTABLISH NEW FUND - "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1987" AND APPROPRIATE FUNDS FOR SAME; AUTHORIZE ACCEPTANCE OF GRANT FROM US DEPARTMENT OF AGRICULTURE Mayor Suarez: Item ten. Summer Food Service Program for Children 1987. Mr. Odio: This is to establish a new revenue fund for the ... Mayor: Is that the Department of Agriculture Program? Mr. Odio: It's an amounts of $194,704. This is a grant from the Department of Agriculture and this is to enter into necessary contracts of agreements for acceptance of this grant. Mr. Dawkins: Mr. Mayor, I mean, Mr. Manager. Mr. Odio: Yes, sir. Mr. Dawkins: Now last year, we got into a hassle because we awarded this contract to a person, all right? Make sure that anybody who we don't want to have a contract, you let them know up front when you put the bid out that they're not acceptable. Mr. Odio: Sir, I remember that ... Mr. Dawkins: See, because, we don't need to have a hassle like we had last year. Okay? Mr. Odio: Yes sir. Ms. Kennedy: Move ten. Mayor Suarez: Item ten is moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Read the ordinance. Ms. Dougherty: I've already read that ordinance so you can vote on it. Mayor Suarez: Ten? Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 19870; AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $194,704; CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) FOR THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Dawkins, 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- April $0, 1987 i AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10260. 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. S. AUTHORIZE DADE COUNTY TO ACCEPT BID TO PROVIDE LUNCHES TO ELIGIBLE CHILDREN Mayor Suarez: Item eleven. Jack Eads: That's a companion item ... Mr. Odio: That's a companion item to ten. Ms. Kennedy: This is to entertain bids, right?..Move it. Mr. Dawkins: The only problem I got with it is I don't under I'll move it and after the second, I'll just state what I've got to say. Ms. Kennedy: I thought I had moved it, but ... Mayor Suarez: Moved and seconded. Mr. Dawkins: Commissioner Kennedy moved, I second. Mayor Suarez: Moved and seconded. Mr. Dawkins: I still don't understand why we cannot bid on our own and why you have to go piggybacking on the back - no, no, no - on the • back of the county. But, if that's what you're going to do again this year, I have no problem. Mayor Suarez: Do we lose control when we piggyback like that or...? Mr. Odio: No, sir. Mr. Eads: No, sir, we don't ... Mr. Odio: We get the price, but we don't lose control. Mr. Eads: We can still monitor the ... at our sites. Mayor Suarez: The county may or may not have all of the concerns that we have In the bidding process, not you know, just keep an eye on it so that all of those are satisfied. Call the roll. 19 April 90, 1987 Ms. Dougherty: This is an emergency ordinance ... Mayor Suarez: Sorry, read the ordinance. AT THIS POINT THE CITY ATTORNEY READS EMERGENCY ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Ms. Dougherty: What do you mean? Mayor Suarez: You had told me you had read ten before. Madame City Attorney, you are trying to confuse us today. Ms. Dougherty: Well, no, I've got twelve. Excuse me. Mayor Suarez: Is that your purpose? Ms. Dougherty: No. Mayor Suarez: To disrupt the proceedings? Ms. Dougherty: But I don't need to read eleven. Mayor Suarez: To confuse us with your legal ... mentality. Mr. Odio: I ... have paddy wagons for lunch. Ms. Dougherty: I'm confused today, I apologize. Mayor Suarez: Is item ten now read completely, the ordinance? Ms. Dougherty: Item ten has been read. I was reading twelve. But you can pass eleven without it. Mayor Suarez: Oh, you were ahead to twelve. That really was cute. All right, how about vote on eleven first? We have a motion and a second. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-381 A RESOLUTION CONDITIONALLY AUTHORIZING METROPOLITAN DADE COUNTY ON BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE BID OF A VENDOR TO PROVIDE UNITED STATES DEPARTMENT OF AGRICULTURE APPROVED LUNCHES TO ELIGIBLE CHILDREN DURING THE SUMMER OF 1987, AND FURTHER AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO A CONTRACT(S) AND/OR AGREEMENT(S) WITH THE SUCCESSFUL BIDDER(S), SUBJECT TO CITY COMMISSION APPROVAL. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 20 April 30$ 1987 4 9. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS IN INTERNAL SERVICE FUND FOR THE PURCHASE OF 3 HEAVY EQUIPMENT VEHICLES (PADDY WAGONS) Mayor Suarers Item twelve. Madame City Attorney has already gotten ahead of us there. Mr. Odio: This is to buy three paddy wagons for the Police Department - it's ninety-five thousand, sixty-two ... Mr. Dawkins: And we need three of them, Mr. Manager? Mr. Odio: Yes, sir. The paddy wagons are important because if we don't have them and we have an arrest, that means that a patrol car has to go all the way to the Metropolitan Dade County and we lose that cruiser so it's better to have the paddy wagon to come out to the scene, pick up the people and move them. If you want to, I can have the Chief explain it better than me. I'm not a police officer, but ... Mr. Dawkins: I just don't - I mean, if you say you need them - I, but - okay, we are going to still purchase the needed vehicles including the motorcycles along with these paddy wagons? Mr. Odio: Oh yes, sir. Those were purchased already. This ... Mr. Dawkins: But we still got eleven motors there that should be replaced. Mr. Odio: We will do that as soon as they request it. This is a request from the Police Department. I recommend it. Mr. Dawkins: If you ... no, no ...If you say you need three paddy wagons, I move it, but I ... Mr. Odio: Yes, sir, we do need them. Ms. Kennedy: I second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Do we need to read it again? Ms. Dougherty: This is to continue reading the ordinance ... AT THIS POINT, THE CITY ATTORNEY CONTINUES READING PERTINENT ORDINANCE, BY TITLE ONLY. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1987s BY INCREASING THE APPROPRIATIONS IN THE INTERNAL SERVICE FUND IN THE AMOUNT OF $95,062, INCREASING REVENUES IN A LIKE AMOUNT FROM THE PROCEEDS OF THE SALE OF CERTIFICATE OF PARTICIPATION NOTES TO BE APPROPRIATED IN THE HEAVY EQUIPMENT MAINTENANCE DIVISION, TO FUND THE PURCHASE OF 3 HEAVY EQUIPMENT VEHICLES (PADDY WAGONS); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins 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- 21 April 30, 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10261. 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. 10. ACCEPT BID: OF HAVIS-SHIELDS EQUIPMENT CORPORATION FOR 3 PADDY WAGONS (for G.S.A.) Mayor Suarez: Item thirteen... Mr. Dawkins: Move thirteen. Ms. Kennedy: Second. Mayor Suarez: Thirteen has been moved and seconded. Any discussion accepting the bid? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-382 A RESOLUTION ACCEPTING THE BID OF HAVIS-SHIELDS EQUIPMENT CORPORATION FOR FURNISHING THREE (3) PADDY WAGONS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED COST OF $95,061.01; ALLOCATING FUNDS THEREFOR FROM THE PROCEEDS FROM THE CERTIFICATES OF PARTICIPATION NOTES WHICH SHALL BE APPROPRIATED TO THE 1986-87 HEAVY EQUIPMENT MAINTENANCE DIVISION GENERAL SERVICES ADMINISTRATION DEPARTMENT OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS. (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- 22 April 30, 1987 ;' AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 11. SECOND READING ORDINANCE: INCREASE APPROPRIATIONS FOR "CURTIS PARK IMPROVEMENTS" AND "VIRGINIA KEY PARK DEVELOPMENT"; FURTHER INCREASING APPROPRIATIONS FOR "KENNEDY PARK IMPROVEMENTS" AND "MIAMI RIVERWALK PHASE II" ------------------------------------------------------ Mayor Suarez: Item fourteen. Mr. Odic: This is a housekeeping item, Mr. Mayor. This is the money coming from the Virginia landfill that we're using in Curtis Park, Virginia Key, Kennedy Park, Miami Riverwalk (phase II), for a total increase of eighty-nine thousand. This is just monies that we used and we need ... Mr. Dawkins: Is this saying that you're going to spend $66,000 at Curtis Park and $10,000 at Virginia Key. Or is it saying you're going to spend $66,000 at Virginia Key and $10,000 at Curtis Park? Mr. Odic: Sixty-six thousand eight hundred at Virginia Key and ten thousand at Curtis Park. But that money, we need it to... we didn't have enough monies to finish Virginia Beach when we opened... it's already spent... we had to borrow the money and as we got these monies in from the landfill, we're paying back the account. This is only an accounting... Mr. Dawkins: House cleaning, eh? Mr. Odio: Yes, sir. Ms. Kennedy: Move it. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE AS AMENDED, BY INCREASING THE APPROPRIATIONS FOR TWO PROJECTS ENTITLED "CURTIS PARK IMPROVEMENTS", AND "VIRGINIA KEY PARK DEVELOPMENT" IN THE AMOUNT OF $10,000 AND $66,800, RESPECTIVELY, FROM FUNDS FROM VIRGINIA KEY LANDFILL SALES; FURTHER INCREASING THE APPROPRIATIONS FOR TWO PROJECTS ENTITLED "KENNEDY PARK IMPROVEMENTSt AND "MIAMI RIVERWALK-PHASE II" IN THE AMOUNTS OF $3,000 AND $10,000, RESPECTIVELY, FROM 1972 PARKS AND RECREATION GENERAL OBLIGATION BOND FUNDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 9, 1987„ was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- 23 April 30, 1987 AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10262. 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. 12. SECOND READING ORDINANCE: PROVIDE NEW DEFINITIONS RELATING TO PUBLIC SERVICE TAXES ON TELECOMMUNICATIONS SERVICES. ------------------------------------- Mr. Odio: Number fifteen, Mr. Mayor, is the second reading on the... when we went from ten percent to seven percent on the utility tax fees. Ms. Kennedy: Move it. Mayor Suarez: Second reading of the increase in the telecommunications services fees. It's been moved. Do we have a second? Do we have a quorum? Ms. Kennedy: It's lowering the rate from ten to seven percent. Mr. Odio: ... lowering the fees from ten to seven so that we can charge other services, if you remember..... Mayor Suarez: Oh, we lowered it in the process of broadening the application of the fee, eh? Mr. Odio: Yes, and to broaden the base. Mayor Suarez: Okay, I'm sorry, my mistake. Mr. Dawkins: Move it. Mayor Suarez: Moved and seconded. Call the roll. Ms. Kennedy: I'm going to call you ditto. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 55, ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PROVIDING NEW DEFINITIONS RELATING TO PUBLIC SERVICE TAXES ON TELECOMMUNICATIONS SERVICES, LOWERING THE RATE OF TAX ON TELECOMMUNICATIONS SERVICES TO SEVEN PERCENT, TAXING ADDITIONAL TELECOMMUNICATIONS SERVICES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 26, 1967, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- f,l f. 24 April 30, 190 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. THE ORDINANCE WAS _DESIGNATED ORDINANCE NO. 10263.. 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. Note for the Record: Items, 16, 17, and 18 were withdrawn by the Administration. 13. AGAIN APPROVING CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR ACQUISITION OF "MAX BAUER PARCEL" ON N. W. 2 AVENUE AND 5 STREET ---------------- ---------------------------------------------------------- Mayor Suarez: Item nineteen. The Bauer property. Mr. Odio: This is the Max Bauer parcel and we need permission to enter into negotiations to finalize that deal. Mayor Suarez: What is that... Mr. Dawkins: He withdrew sixteen? Mayor Suarez: He withdrew 16, 17, and 18. Mr. Odio: We are on nineteen, Commissioner Dawkins, Max Bauer property. Mayor Suarez: Right close to the Sports Arena there is an empty lot with an old dilapidated building. It's really in awful condition. I don't think anybody lives there, most of the windows are boarded up. If anyone lives there, it would be, presumably, derelicts or someone that has no other place to live. Are we doing anything about that building? You know which one I'm talking about, Matthew? Like just to the west of the' arena and the southwest of the arena. Mr. Odio: Is that near the ------ court? Mayor Suarez: I mean is.... Matthew Schwartz: Seventh Street and N. W. 2nd Avenue? Mayor Suarez: Yes, I believe no. Mr. Schwartz: That building should be demolished by Saturday or if not, early this week. Mayor Suarez: You going to do it yourself? Mr. Schwartz: Dade County - HUD has a contract on that for a number of months. Mr. Odio: You see how efficient we are. Ms. Kennedy: Are there any families living there? Mr. Schwartz: No, that building was vacated about a year ago. Mr. Sawyer was still residing there. There are some street people in that building. Mayor Suarez: Was that his property? Was that Sawyer's property? Mr. Schwartz: It used to be his property. 25 April 30, 1987 '� :..— .`..... _.. ��.. - a� _ .k:'. F .�. _ ._._.. ��� ._�_�.. r ,s�, 1 _.�+. 16 vi't,yTGN�'Fa i,• Ms. Kennedy: And, Matthew, who's going to be responsible for the demolition costs? Mr. Schwartz: That's part of the federal urban initiative, Overtown UMTA grant; it's covered.... Mayor Suarez: What's going to go there? Mr. Schwartz: That is proposed for housing and commercial, eventually. It's in phase one of Southeast... Mayor Suarez: It's not phase one, is it? Mr. Schwartz: It's part of phase one. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: We got a 'no' and a 'yes'. What does the car czar say? Mr. Schwartz: It's to be developed during the next five years, but it's not one of the four blocks that will be started within the next few months... Ms. Kennedy: Car czar! Mayor Suarez: It's phase one and one-half? Mr. Schwartz: It's phase one and one-half, right. Mayor Suarez: Very good. We've never really approved in principle, phase... anything beyond phase one, have we? Mr. Schwartz: Ah.... Mayor Suarez: In principle, yes, but not in.... Mr. Schwartz: In actuality, there's been no detailed plan for additional phases of the project. There's the overall redevelopment plan that the city commission approved, and the county commission. Mayor Suarez: That's interesting, because it means that outside of phase one, we're at least in the process of clearing properties and making them ready in case we do go to a heavy involvement in phase two. I guess that's the way it should be. Okay, item nineteen. Did we vote on that already? Mr. Odio: Sir, we need... I said we need.... Ms. Kennedy: Move it. Mayor Suarez: Do we have a motion and a second? Mr. Dawkins: Move it. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Straighten him up. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-383 A RESOLUTION AGAIN APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF THE PARCEL OF LAND LOCATED ON NORTHWEST SECOND AVM= AND NORTHWEST FIFTH STREET COMMONLY KNOWN AS THE "MAX BAUER PARCEL." (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- 26 April 30, 1987 r, AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. 14. DISCUSSION AND DEFERRAL OF PROPOSED RESOLUTION CREATING AN INDEPENDENT PANEL OF SEVEN NATIONAL EXPERTS TO INVESTIGATE ALLEGED DISCRIMINATION IN THE FIRE DEPARTMENT Mayor Suarez: Item twenty. Mr. Odio: That's the national panel to investigate charges of discrimination In the Fire Department and this is appointing said members and allocating $60,000 to support the panel. This is formalizing the action taken in the last commission meeting. Ms. Kennedy: Mr. Manager, how was this panel chosen? Mr. Odio: We, we, we looked... we, we went national looking for experts in this field. Dr. Hattie Daniels: Commissioner Kennedy, we polled various organizations, such as the Cuban National Planning Conference, the Greater Miami United. We also worked with the Justice Department's Community Relations Service in getting various names of individuals with expertise in the area. Mayor Suarez: Cuban National Planning Council. Ms. Daniels: Yes. Ms. Kennedy: Now, you talk about sixty....wait a second... sixty thousand, plus the $250 a day for each panelist? Is that... because then you're talking.... Ms. Daniels: Yes. For their work we proposed to the City Manager a budget for, we believe, twenty days of actual work, now some individuals will not take compensation; others will. Ms. Kennedy: Oh, okay. Ms. Daniels: So, For travel, per diem and appropriating $250 per day for consultant fees, we estimated sixty thousand. Ms. Kennedy: Not to exceed sixty thousand. Ms. Daniels: Yes, not to exceed sixty thousand is what the commission approved at the last commission meeting. Mr. Carollo: I'm a little lost here. Isn't the Cuban National Planning Council the P.A.C. of the Cuban National Foundation? Mayor Suarez: No, no. It's basically a... organization headed by ----- Diaz, I think. Ma. Daniels: Yes, Diaz. sort of a sociology type Mayor Suarez: Not at all related to the Foundation. Me. Daniels: Yes. Mr. Carollo: But that's their political arm, correct? Mayor Suaraz: No, no, no. That's not related at all. 27 7 Mr. Carollo: The standard political arm? Mayor Suarez: It's not related. There's no relation whatsoever. Mr. Carollo: There's no relation whatsoever in there? I figure if he tells me, he knows. Mr. Odic: No, no, what.... Mayor Suarez: The brass walks in! Ms. Kennedy: I was just wondering if this panel was chosen to study discrimination, how many Hispanics and blacks do you have? Ms. Daniels: Okay, on this particular panel, we have... two blacks and two Hispanics. We have a seventh name to offer for you this morning which would be a Dr. Marcello Fernandez-2ayas, who is the Director of the Division of Bilingual Education in Washington, D. C., would be the seventh panel member that we'd like to offer. Mr. Carollo: Ma'am, I'd like to get some resumes on each of these individuals. I think this board is going to be a very important board. Before we name people to it without really having more than just their names and a line or two on their background, I'd like to see a resume of each of these individuals. Ms. Daniels: Yes, sir. Mayor Suarez: Why don't we table this, Dr. Daniels, until we can get some resumes? Ms. Daniels: All right. That was requested and I only have three of them that have been received so far, but I'll accept that. Mr. Carollo: Plus, if you have any additional people that you might have as backups, if you could also send those names with their respective resumes. Ms. Daniels: All right. So we're holding this? Mayor Suarez: Okay, item nineteen has been tabled. Ms. Kennedy: No, twenty. Mayor Suarez: I'm sorry, twenty. 15. DISCUSSION REGARDING PROMOTIONS IN THE POLICE DEPARTMENT. INTRODUCTION OF NEWLY APPOINTED OFFICERS. Mayor Suarez: We have some boards and committees and they'll have to wait... some of the appointments will have to wait Commissioner Plummer not being here. But we do want to recognize all of the new promotions in the Police Department and we see that five, all five of them are here. Mr. City Manager would you like to.... Mr. Odio: Yes, I'd like to introduce Chief Larry Bembler, Chief Walter Martinez, Colonel Abraham, Major Evo Alvarez, and Major Ross - Calvin Ross. And we are very proud of these officers. I think the Police Department now has a top staff that I can be proud of it and you can, and the whole City can. I think they are going to do a fantastic job for the City of Miami. Mr. Dawkins: I only got one question, Mr. Manager. You abolished the majors and we forced Sampson and Veal to retire as majors, and now you just made two more majors. Mr. Odio: They were colonels, sir. Mr. Dawkins: Beg pardon? i 28 April.90, 1987 Mr. Odic: They were colonels. Mr. Dawkins: They were colonels? Mr. Odic: Yes sir. Mr. Dawkins: Okay, no problem. So you abolished the colonels, so I won't be seeing no more colonels than, right? Mr. Odic: No, we have six colonels left. Mr. Dawkins: Okay, b%rt you will not make no more. Mr. Odio: That's right, sir. Mr. Dawkins; Okay, because if you make some more, see, then you, you... it wasn't too kosher what we did, all right? Mr. Odic: What I will say to you is this, Commissioner, that we have gained in the affirmative action way, one black in the major's rank, because he's replacing Major Boenler, who is Anglo, so we're getting one Black there. Mr. Dawkins: All I am interested in are the colonels. Okay, we forced two good colonels to retire, right? Mr. Odio: The other thing is we promoted Colonel Abraham from Major to Colonel because he's replacing one Colonel. We're keeping six colonels in the top staff. Mr. Dawkins: No more than six. Mr. Odic: That's it. Mr. Dawkins: At no time as long as you're the Manager. Mr. Odic: It's up to the Chief what he wants to do as far as the number, but that's what he's satisfied with. Mr. Dawkins: You and the Chief are going to lose me. I'm going to tell you now because you told me... Mr. Odic: We want to keep six colonels. Mr. Dawkins: ... when you abolished the colonels' ranks, you were bringing it down to six; and six is what you were going to handle and that's what you were going to have. Mr. Odic: And we are not adding to the colonels' ranks. Mr. Dawkins: All right, now when you all add to it, you're going to lose me, okay? Mr. Odic: We're not adding, sir. Mr. Dawkins: I may as well tell you up front. Mr. Odic: We are not adding. Mr. Dawkins: And congratulations. And, gentlemen, this has nothing to do with you. I'm proud of you, you're doing a damn good job and keep doing it, okay? Mr. Carollo: We'll resolve this right now. Just promote all of the colonels to assistant, assistant police chiefs and Miller will be happy then. Mr. Dawkins: No, I don't want... Mayor Suarez: Mr. City Manager, can we get uniforms for the majors? Mr. Dawkins: ...replace the colonels, I'm mad. Mayor Suarez: Can we get uniforms for the majors? is 29 April 90, 1987 'sis Mr. Odio: They do have uniforms, sir. They're not working this morning, I guess. Mr. Carollo: Besides congratulations, just one bit of advice. If, and I guess I could give this since I'm the senior member of the commission present here now that Plummer is not here, if any of you ever receive a call at 2:43 a.m., do not answer your phones. Mayor Suarez: Congratulations to all of you. (APPLAUSE) ------------------------------------------------------------------------------ 16. LUISA BOTIFOL APPOINTED TO THE HERITAGE CONSERVATION BOARD Ms. Kennedy: Mr. Mayor, on item 23, Commissioner Carollo and I have a joint appointment. We have decided on a name, Luisa Botifol Murai, and I so move. Mayor Suarez: So moved. Mr. Carollo: Second. Mayor Suarez: Seconded. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-384 A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO THE CITY OF MIAMI HERITAGE CONSERVATION BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. .17. EXTEND EASTERLY BOUNDARY OF EDISON/LITTLE RIVER NEIGHBORHOOD COMMUNITY DEVELOPMENT TARGET AREA Mayor Suarez: Item twenty-four, extending the easterly boundary of Edison/Little River neighborhood community development target area. Mr. Carollo: I so move. Mayor Suarez: So moved. Ms. Kennedy: What is this? Twenty.... Mayor Suarez& Twenty-four. Ms. Kennedy& Oh, second. 30 April'30, 1987 Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-385 A RESOLUTION EXTENDING THE EASTERLY BOUNDARY OF THE EDISON/LITTLE RIVER NEIGHBORHOOD COMMUNITY DEVELOPMENT TARGET AREA IN THE CITY OF MIAMI TO THE EASTERLY RIGHT-OF- WAY LINE OF BISCAYNE BOULEVARD (U.S. 1) (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. j THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 10:12 A.M. AND RECONVENED AT 10:40 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. EXCEPT COMMISSIONER PLUMMER. NOTE FOR THE RECORD: NO ONE APPEARED ON ITEM 27. 18. REFER TO CITY MANAGER FUNDING REQUEST FROM THE INNER CITY CHILDREN TOURING DANCE COMPANY Mayor Suarez: Item twenty-eight, inner city children touring dance company. Mr. Odio: That's withdrawn. Is this Florine Nichols? Mayor Suarez: Right. Mr. Odio: We're withdrawing that. Ms. Kennedy: You're withdrawing it? Mr. Odio: No, he is. Ms. Kennedy: How come? Mr. Robert H. Traurig, Esq.: Florins... Everyone here knows.... My name is Robert H. Traurig, 1401 Brickell Avenue, and everybody knows the Director of the Inner City Touring Dance Group, Florins Nichols. The president of that group In Mr. Howard Gary, sitting behind me. We would like to withdraw this particular request if the city would instruct the manager to consider a request for some figure between zero and forty-five hundred dollars out of the Parks Department budget for summer program, in which event, we'll be able to arrange for the funding of the balance between forty-five hundred and five thousand dollars. Ms. Kennedy: I.... Mr. Traurig: If that, yes.... Ms. Kennedy: I move your recommendation. 31 April 30, 198.7 T' T & 0 Mayor Suarez: We're not going to take it... it sounds like the commissioner doesn't want to take it as a withdrawal of the item, but rather that we go ahead and make that recommendation. That's what she's moving. You might no get the votes, if you do it in that fashion, Madame City Commissioner. Mr. Traurig: May I ask you for an alternative that would accomplish the same thing? Mayor Suarez: Yes. Do you want to just proceed administratively with the city manager and negotiate with him? Mr. Traurig: Yes. Mr. Dawkins: Why don't we do this, Madame Commissioner. Why don't we let him negotiate with the manager and then, if they're not satisfied, come back to you and you put it on the agenda. Ms. Kennedy: Okay. Fine. Mr. Dawkins: Is that agreeable? Is that agreeable? Mr. Traurig: We're quite satisfied with that and we thank you for that suggestion. Mr. Dawkins: Is that agreeable, Florence? Okay. Mr. Traurig: Yes. Mr. Dawkins: Florine, I mean. Okay. Mr. Traurig: Thank you very much. Mayor Suarez: Explain to the rest of the group that they don't know the authority of the city manager in this kind of a situation, so that they know what the implications are allowing him to negotiate. Mr. Traurig: We understand and we will discuss that internally. Thank you very much. Mayor Suarez: Thank you, counselor. 19. APPROVE PART OF REQUEST RECEIVED FROM ALLAPATTAH ECONOMIC BUSINESS DEVELOPMENT AUTHORITY FOR "II ALLAPATTAH FAIR; REFER FUNDING REQUEST TO MANAGER Mayor Suarez: Item twenty-nine - ABDA. Mr. Herman Izquierdo: Good morning. i Mayor Suarez: Good morning. Mr. Izquierdo: Before, Commissioners and Mayor, we present our, case, there is, hopefully, an amendment to the item. It says: "Allapattah Fair; it should be the Allapattah Economic Development Project." Mayor Suarez: Very good. Mr. Izquierdo: Okay. Mayor Suarez: We'll reflect... the record will reflect that correction. All of these organizations are working together now? Mr. Izquierdo: Yes, they are. F Mayor Suarez: That's magnificent. That's exactly what we need. Proceed. Mr. Izquierdo: Mr. Mayor, Commissioners, City Manager, and fellow citizens, my name In Herman Izquierdo and member of the Allapattah community and :..r 32 April 30, 1987 Director of the Allapattah Neighborhood Service Center, Metro -Dade County. I come to speak to you on behalf of the united community organizations present here today; Allapattah Business Development Authority, Allapattah Community Action, Allapattah Neighborhood Service Center, Allapattah Chamber of Commerce, Allapattah Merchants' Association, Allapattah YMCA, Allapattah Off Street Parking, Allapattah Advisory Council, Allapattah Comprehensive Crime Prevention Council, and the Allapattah Fair Committee. For the first time, the Allapattah community has embarked on an economic development project that will help in revitalizing the businesses and area in general. The merchants and community groups and organizations of Allapattah feel that Allapattah is at a crossroads and only through a project such as this, we can come and save our community. I would like now to take this opportunity and relate to you some of our needs that this commission can assist us in order to make this economic development project a success. One, permission to use Curtis Park for three days, December llth through 13th of 1987, the street closure of N. W. 20th Street, from 22nd Place to 25th Avenue on Sunday, December 13th, from 12:00 noon to 9:00 p.m., permission to sell refreshments. Mr. Dawkins: What is it we want? Mr. Izquierdo: Basically, what we are asking is these petitions and we're also asking for your assistance in... Mr. Dawkins: What kind of assistance, that's what I'm trying to find out. Mr. Carollo: What is the total amount of dollar and in -kind services? Mr. Odio: Sixty thousand dollars. Mr. Dawkins: Sixty? Mr. Carollo: Sixty thousand dollars. Mr. Dawkins: You got that? You recommend that? Mr. Odio: No sir, I cannot. First of all, I have not reviewed this proposal.... Mayor Suarez: Calculated... Sixty thousand calculated by whom, by the city? Mr. Odio: By them, by them. Mayor Suarez: That includes a huge number of police officers and all of that that you usually put in there. Mr. Odio: It calls for forty thousand dollars of in kind services and twenty thousand dollars in cash. But the fact is we have not had a chance... they have not applied under special permits obligation and this is the fist time — we've seen this. Mr. Carollo: Why don't we do this here. So that we could all have ducks in line before we bring it up publicly, can you pick two of your representatives to meet with the manager personally. And this could be brought back at the next commission meeting. I think we could resolve it then. Mr. Izquierdo: Okay, if you can permit me, we have an agreement contingent upon your approval with Amusements of America, which will supply many of the rides and many of the amusements for the families and children of the area, and this is May 1st... Mr. Carollo: Okay. Mr. Izquierdo: ... contingent upon your approval. Mr. Dawkins: Didn't you give me a.... Mr. Carollo: You said the agreement has to be... You have to sign the agreement by May lot, you're saying... Mr. Izquierdo: Right. Mr. Carollo: How much do you have to pay for that agreement? 33 April 30, 1987 Mr. Dawkins: Didn't he give us a budget? Didn't you give me a budget here? Mr. Izquierdo: This amusement company will actually pay us, in essence. They will get some of the profits from the amusements but they are helping us in this venture. Mayor Suarez: There's no net... In other words, you don't have to put any deposit or anything, they will just give you a percentage of the profits and they carry the cost. Mr. Izquierdo: Right.• Exactly. Mayor Suarez: Just make sure that they have insurance policy - certified policy - and that you take a good look at it and you have your lawyers and advisors.... Mr. Dawkins: Okay now, I see you have attachment 1 here you got twenty thousand dollars, where does the other forty thousand dollars for and where is it budgeted? Mr. Carollo: In kind services. Mr. Izquierdo: Those are in kind.... Mr. Carollo: According to the city, in kind services. Mr. Izquierdo: In kind services. Mr. Carollo: There's a possibility you can cut that in half, Miller. Mayor Suarez: Yeah, that's estimated by the city, probably, right? In conjunction with you? Its probably.... Mr. Carollo: Good afternoon. Mayor Suarez: ... much higher than what it really should be. Mr. Dawkins: Jesus Christ Almighty, you finally made it. Mr. Carollo: Do we have the city photographer here, please? (Note for the record: Mr. Plummer entered the meeting at 10:48 a.m.) Mr. Plummer: Mr. Mayor, I do apologize for any inconvenience I might have caused anyone. Unfortunately, I'm in a business that people don't make appointments. Mayor Suarez: No inconvenience, actually, it worked quite well without you. Mr. Dawkins: We didn't miss you. Mr. Plummer: Thank you, I'll leave. Mr. Carollo: At least you're working, Plummer. Mayor Suarez: What's your pleasure on this then, Commissioner Carollo? What was the proposal? Mr. Carollo: I would like to make sure they get a commitment from us. They know now that we're going to cover... we're going to cover at least half of the present requested amount. So they can proceed. Mr. Dawkins: Thirty thousand? Mr. Carollo: Yeah, at least that. That's between in kind and cash. Mr. Dawkins: Yeah, so you're saying that.... Mr. Carollo: However, I think that after they sit down with the manager.... Mayor Suarez: And try to reduce that figure. 34 �11 Mr. Carollo: ... you might find out that what you actually need might be a total of about thirty or forty thousand, because the in kind service can be cut down drastically, I think. And, on the twenty thousand you're requesting, maybe that could even be cut back. Mr. Izquierdo: Initially we had, we cut down on the cash grant quite a bit. Mr. Carollo: The problem we have is, we... one of our guidelines we voted upon is, before we could take up anything like this, it has to go through the manager's office before. He just made the statement that he had not seen that. So we're going to be in violation of our own resolutions if we don't follow those guidelines. Ms. Kennedy: Has our Park Department reviewed this proposal, Mr. Manager? ...sir? Mr. Odio: I was talking to him. Please, Commissioner. Ms. Kennedy: Okay, let's start all over again. Mr. Odio: Let's start all over again. Mr. Izquierdo: Mr .... er, Mr. Carollo. Ms. Kennedy: Has the Park Department reviewed this proposal? Mr. Odio: No. Ms. Kennedy: Not yet. Mr. Odio: We have not seen it. Mr. Plummer: When is the item... When is it scheduled for? Mr. Izquierdo: It's December. Mr. Odio: For December. Mr. Plummer: September? Mayor Suarez: Twenty-seventh of? Ms. Kennedy: Eleventh and.... Mr. Plummer: September? Mr. Izquierdo: December.... Mr. Odio: May I suggest something? I have no problem with the Curtis - with the use of the park. We have no problem with the closing of the street, if you don't. If it's on a Sunday, 20th street is not that busy. The authorization to sell beer and wine is part of the authorization you already gave me that I could do that. Restriction of retail peddlers in the area of the street festival is no problem. The only problem is the funding and I cannot recommend for funding at this time. Mr. Izquierdo: Is there any possibility, if I may, that we can get permission to use Curtis Park - let's say items 1, 2, 3, 4, and 6 on this list and if we could proceed on that. Mr. Odio: That, I would recommend. Mr. Carollo: Okay, I will move that. Mayor Suarez: So moved. Ms. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. 35 April 30, 1087 ­VV4 0 & The following motion was introduced by Commissioner Carollo, who moved its adoptions MOTION NO. 87-386 A MOTION APPROVING ITEMS 1, 2, 3, 4, AND 6 CONTAINED IN A REQUEST RECEIVED FROM REPRESENTATIVES OF THE ALLAPATTAH ECONOMIC BUSINESS DEVELOPMENT AUTHORITY, INC. IN CONNECTION WITH THE "II ALLAPATTAH FAIR"; FURTHER REFERRING TO THE CITY MANAGER THE MONETARY ASPECTS CONTAINED IN THEIR PETITION WITH THE REQUEST THAT THE ADMINISTRATION CONSIDER THE POSSIBILITY OF ASSISTING THEM THROUGH AN ECONOMIC DEVELOPMENT GRANT. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. DURING ROLL CALL: Mr. Plummer: What was the proposal? I'm sorry, I didn't hear the proposal. To do what? Mr. Izquierdo: The proposal to accept items 1, 2, 3, 4, and 6.... Mr. Plummer: Everything but the dollars. Mr. Izquierdo: The in kind Yes, exactly. Mr. Plummer: Okay, I vote yes. Mr. Carollo: Okay, now, Mr. Manager, can you make sure that you meet with them right next week sometime. Mr. Plummer: How much are you looking for? 1 Mr. Odio: Sixty thousand.... i f Mr. Plummer: Sixty? Ms. Kennedy: Yeah, but forty is in in -kind. Mr. Odlo: Forty in in -kind and twenty in cash. Mr. Plummer: Well, you know, I'm... The problem we're experiencing is when we do the in -kind services, it's then city related and instead of the backup services costing regular time, its time and a half. And that's one of the serious problems. Mr. Manager, may I suggest to you, air, that whatever you E do, and I don't think there's any question that this commission wants to help, that we do it in the form of an additional economic grant and let them contract for their own services. Everybody comes out much much better. So I would say that in your consideration of what you can do, that we give them a t grant for economic development, rather than for a festival or a fair because.... Mr. Izquierdo: This is exactly.... Mr. Plummer: ... our policy In we would have to vote against that. Mr. Izquierdo: This is exactly, you know, what the... Ms. Kennedy: That's a great idea, eh? Mr. Izquierdo: ... affair is for. Its an economic development project. 36 April 30, 1987 0 0 Mr. Plummer: You skin your cat, I'll skin mine. Mr. Izquierdo: All right. Mr. Plummer: Thank you. Mr. Dawkins: (OFF MIKE) But J. L., we put fifty thousand, remember that fifty thousand that I put, that we put in each area. Mr. Plummer: Who is that? Your name, sir. Would you come to the mike and identify yourself? Are you registered as a lobbyist? Mr. Dawkins: Yes. Mr. Plummer% Oh. Did you get the San Pedro award? Mr. Carollo: We will gladly consider you for next year's. Mr. Dawkins: (OFF MIKE) .... but we put fifty thousand dollars in ........ maybe we can take some of that; but there was fifty thousand dollars allocated for Allapattah, right? Mr. Plummer: We'll leave that to Houdini. Mr. Carollo: I heard he was coming back. Mayor Suarez: You've got your work cut out for you in the next couple of months in relation to the actual funding but the rest has been approved and I think we could probably reduce that estimate of the fees... we are involved more the community associations in doing their own surveillance at these functions so don't have to have so many police officers; their own trash pick up, I mean I just don't see why we have to spend forty thousand dollars in city services to, you know, to have a festival for three days or - a fair. Mr. Plummer: Well, Mr. Mayor, the point I was trying to make, and I've not gone into it, but if its forty thousand dollars by virtue of giving them a grant, you automatically save about ten thousand dollars in city services, and that's the point I was trying to make. Mr. Carollo: Mr. Manager, can you pick a date and meet with them next week so we can resolve this at the next commission meeting. Mr. Odio: I'll bring it back at the next commission meeting if they... I'll get somebody to tell me what day I'm free up there, I.... Mr. Carollo: Good. They'll gladly meet with you, I'm sure. Any day you pick. Okay? Mr. Izquierdo: Thank you. Mayor Suarez: Thank you. 20. ALLOCATE 48,500 FOR "FIESTA 20 DE MAYO" Mayor Suarez: Item thirty. George. Where's George? Twentieth of May. Mr. Carollo: I move the request for item thirty. Ms. Kennedy: I second. Mayor Suarez: Moved and seconded. Mr. Dawkins: How much money we talking about? Mr. Carollo: Eight thousand, plus. 37 . T April 30, 1947 a Unidentified male speaker: Eight thousand five hundred approximately, according to the city estimates. Mayor Suarez: Any further discussion? Call the roll on item thirty. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-387 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $48,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND FOR CITY SERVICES AND FEES REQUIRED IN SUPPORT OF FIESTA 20 DE MAYO, TO BE PRESENTED BY LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. ON MAY 16, AND 17, 1987, AT FLAGLER DOG TRACK AND JOSE MARTI PARK, RESPECTIVELY; SUBJECT TO AND CONTINGENT UPON THE SPONSOR'S COMPLIANCE WITH 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 21. LONG DISCUSSION REGARDING DRUG SCREENING PRACTICES THROUGHOUT THE CITY DEPARTMENTS Mayor Suarez: Item thirty-one. Unidentified male voice: Thank you and I hope, Mayor, that you encourage all the employees to come, okay. Mayor Suarez: Very eloquent today, George. Mr. Plummer: You'd better quit while you're ahead. You'd better quit while you're ahead. Unidentified male voice: Employees, please go that day and play with us. Mr. Plummer: Veil, wait a minute now. If employees are involved, I don't think we ought to give them that.... Unidentified male voice: Good bye. Ms. Kennedy: No, but you know, it's a great idea because we have the three cities playing at the same time and involved with the community. I was part of it last year and we shall return. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, commissioner. Mr. Dawkins: I s:ean, I put... and Mr. Manager, I put item thirty... I asked that item thirty-one be scheduled and the reason I ask we schedule it is, I've said before, and I will say again, there must be one uniform drug program in the City of Miami. A sanitation worker should not be busted in a sting 38 April 30, 1987 W operation and he's fired and a City of Miami policeman is busted in a sting operation, and he's fired, and a City of Miami fireman is busted in a sting operation --nd he gets rehabilitated. Now, either everybody is rehabilitated or everybody is fired. Ms. Kennedy: I agree, commissioner. I think that if the fire fighters have the right to be rehabilitated, all employees in the city should have the same right. Make it uniform. Mr. Plummer: Well, I think we all agreed and this is why I want to ask the administration. Mr. Odio, when we were in labor negotiations before, Commissioner Carollo and Commissioner Dawkins were explicitly clear that if any one thing that we all agreed on, which is not too often, was that there was going to be a uniform policy across the board and it was my understanding, at that time, since the police department were the first to agree on a policy that that was going to be the standard across the board. Now what happened? Where did we go wrong that that standard was not applied across the board because they were the first ones to volunteer and say, okay, we've worked out a deal that we both can live with. Now, Mr. Mielke, I think you remember that very clearly also in labor negotiations. What happened? Mr. Dean Mielke: Well, first of all, we've had a different standard because the APSME union negotiated over three years ago an even different policy. At the time police and fire negotiated, SEA basically said they'd take whatever fire negotiated and live with that. At one point in the negotiations, there was a rehab program in the police contract; it subsequently came out during negotiations. Mr. Plummer: Well, let me just echo the sentiments of my colleagues. And I don't think that you can treat anybody any differently. Yes, there is a degree of difference in the people who are enforcing the law, but yet, we as city commissioners have to deal with all of our employees across the board. And I think if there's going to be equity, then we must deal with each and every employee on the same level - the administration, you know, right on down _ the line. I don't think you can discriminate one from the other. Now, I will go one step further. I would like consideration and I think it is important that we do have some kind of rehab program. I'm not necessarily saying that because the person is having drugs, that you don't fire him if there's a justifiable reason. But even if you fire him, I think you have got to give a rehabilitation under our situation. So I'm just saying that to you in the thinking to the future because what we have now - you're into negotiations now, right - for police and fire? Mr. Mielke: Everybody. Mr. Plummer: Everybody - well, I'm just echoing the sentiments of my colleagues, and I agree. Mr. Mielke: I think you need to understand just one thing. Chapter 447 of the state law which provides for collective bargaining provides that all those unions have a right to come in and make whatever proposals they wish to make. I ... he had neither the ability or the guile, I assure you, to convince them to buy what we always want them to buy. And when you come out of a contract negotiations, you come out of there what the union wanted and what the employer wanted, and it's almost always a compromise. In this case right now, we have proposed changes to that from two of the three unions, and I anticipate within the next five days, I'll have the proposals in from the last two unions, and they will have proposals also. Mr. Plummer: Is there a big discrepancy at this time? Mr. Dawkins: Are you telling me, sir... Mr. Plummer: Go ahead.... Mr. Dawkins: Are you telling me that if the City of Miami says that it wants one unified drug program, that the unions can tell us to go to hell and... Mr. Mielkes Absolutely, sir. Make no mistake. Mr. Dawkins: No, no, no. Then we don't have to sign a contract with them. 39 April 30, 1987. Mr. Mielke; No, sir. Mr. Dawkins: Oh no, now wait a minute - now hold up, hold up, wait now, wait... Mr. Mielke: Yes, sir. By state law you do, sir. Mr. Dawkins: No, you wait one minute now. Wait a minute. Okay... Mayor Suarez: No, don't tell me by state law we have to sign a contract - we have to sign a contract. Mr. Dawkins: Just like... they have a right not to sign a contract with us, we got a right not to sign it with them. Mayor Suarez: That's right. Mr. Dawkins: Is that correct? Me. Kennedy: And this is the time to do it. At the time of negotiations. Mr. Dawkins: Wait a minute. I need to know that. Is that correct? Mr. Mielke: Let me explain. Mr. Plummer: They could still tell you to go to hell. Mr. Mielke: Let me answer your question. Mr. Plummer: They don't necessarily mean that, but negotiations are just that. Now, I think what Mr. Mielke is trying to tell this commission, and I would be willing to be involved, is that maybe this commission needs to set some minimum standards across the board. Mr. Carollo: But, let me tell you what I consider those minimal standards to be. Mr. Plummer: Oh, oh. Mr. Carollo: If, after you're given a drug test, any substance of cocaine, marijuana, or any other illegal drugs are found in your blood system or urine, you'll be fired. Very simply. Then, once you're out the door, we'll be happy to provide all the rehabilitating that the employee will so desire, or need. But I don't think this city, or any city in the country, should put up with any employee, particularly employees that are in charge and are responsible for the lives and safeties of its citizens to be using narcotics. Whether it's cocaine, marijuana, or other illegal substance. Mr. Dawkins: Go ahead, Dean. Mr. Mialke: Commissioner Dawkins, let me try to answer your question. And the answer is this. Every union has a right to come in and make its proposals as do you and the commission through your administration. Mr. Dawkins: Okay. Mr. Mielkes If the parties cannot agree, in other words, if our proposal to them In onerous or they will not accept it, they can say that and you go to impasse. Mr. Dawkins: Okay. Mr. Mielke: Special master makes a report. Now, it's all spelled out by law and statutorily by day and everything - it's a specific process. Mr. Dawkins: Okay, go ahead. Mr. Mielke: At that point in time, you get the special master's report and you, the commission at that time, have the final say. Mr. Dawkins: Okay. 40 j April 90,1887 „;,'r Mr. Mielke: At that time, this commission, by majority vote, has the prerogative, under the statute, to impose its thinking. Mr. Plummer: Mr. Mielke, that's about the worst way in the world that you can do it. Mr. Mielke: Well.... Mr. Plummer: Its expensive, it is time consuming, it is disruptive to the employees to go through that process. Mr. Mielke: I didn't write the law, sir. Mr. Plummer: Well, sir, I'm saying to you that if you, on friendly terms, can go and have an understanding - the unions don't want to go to court; it costs them plenty of money. They would prefer to be able to work out something. I'll tell you where I am. I'd like to make a motion at this time that you, representing, or the administration proffer to this commission what we would consider to be a minimum standard for testing and potential outcome of employment. And then, this commission will deal with what they consider to be a minimum standard. Now, the union can accept that or reject that. Mr. Odio: Can I save a lot of time, commissioner. Mr. Plummer: Sure. Mr. Carollo: Only minimal standard that I'm going to accept, is if they are given one test, that they immediately be given a second test if the first one Is found to be positive to make sure that there was no mistakes made in the first test. And if the second one... after they are given the second test they are found to have illegal narcotics in their system, then they should be fired. Mr. Plummer: Okay, I'm not... Ms. Kennedy: I, I, I'd.... Mr. Carollo: And if there are police officers or fire fighters or sanitation employees or city janitors that don't agree with me, so be it. But I think the biggest danger to this society, this city faces, are illegal narcotics and if we don't put our foot down at the city level, how in the heck are we going to enforce the laws out there? Mr. Dawkins: Okay, I'm going to tell you.... Ms. Kennedy: Okay, I'd like to hear from the manager and what the police department has to say. Mr. Odio: I believe, with all my heart, that all the police officers agree that if they break the law because they have to break the law to buy the drugs and then use it, then they should be fired. I do believe that and I feel that what we should do is negotiate with the fire fighters and the others that if they're caught with illegal drugs, that they should be fired too. Mr. Plummer: Caught with or use? Mr. Odio: Use. Me. Kennedy: Use. Mr. Odio: Well, even caught.... Mr. Dawkins: Let me make myself clear, because I've said this from the day we first started. If an individual is using narcotics and turns himself in, then I have no problems with attempting to rehabilitate him. Mr. Carollo: Neither have I. Mr. Dawkins: But if an individual is caught in a sting or caught through the urine test, he's fired, I wouldn't care if he's like Joe said, a janitor; I wouldn't care if he's a policeman - and every ------- sanitation worker has gotten, how many sanitation workers been busted for drugs and fired on this, Mr. Smith? 41 ApriX 90, 1987 ,$ 1' 01 Mr. Carollo: Two. Mr. Dawkins: Two. How many policemen been fired for drugs? Mr. Ken Nelson: We have three through the urinalysis testing program and one for cause for four altogether. Mr. Dawkins: Four. See, now that's unfair. And then, if a fireman is caught, then a fireman just say, oh we going to rehabilitate him. Come on, we got to have one.... Mr. Plummers Miller, all I was trying to suggest was.... Mr. Dawkins: I'm with you, J. L. Mr. Plummer: ...the same way that this commission sets the parameters of the pay... Mr. Dawkins: Right. Mr. Plummer: Okay? Mr. Dawkins: Okay, look, I'm with you. Mr. Plummer: That we set a standard that is going to be acceptable, let's try to eliminate these masters and all the expense and the time and the disruption. You know, it's unfortunately a political year when all of the contracts come up and it's used for and against. I'm saying that this commission... Mr. Dawkins: That's no problem for me.... Mr. Plummer: ...if its Joe's position or your position or.... Mr. Dawkins: That's no problem with me and commissioner Kennedy, we're not running, that's no problem with us. Mr. Plummer: ...all I'm saying to you is, I think we need to set a minimum standard. Mr. Dawkins: I agree. We all agree, J. L. Mr. Plummer: ...and give that to the negotiators that this is what the city will accept and nothing less, we, of course, would accept something more. Mr. Dawkins: But, but, I want us, the commission, to negotiate from a position of strength and not a position of weakness. Mr. Plummers ...and fairness. Mr. Dawkins: Okay, and fairness. Firm and fair. I agree with you. Mr. Carollo: I've made my position as clear as I could possibly make it. I'm all in favor of rehabilitating a drug user after he is fired. Simple. I mean how in the heck can you expect a police officer to enforce the' laws out in this community if he himself is using illegal narcotics? Mr. Dawkins: Take it a step further, Joe. Mr. Carollo: Or how can you expect a fire fighter that's in charge of the safety and lives of people in this community to really have his full functioning abilities if be's using narcotics? Mr. Dawkinss Take it one step further, Joe. Let me take it one step further. How can I go out and look at the youngsters and the young men out there who have not used drugs and don't have anything to reward them with, if I'm going to reward the guys who are using it? Mr. Carollo: That's about... that's about mine. 42 April 90, -0 7 i :f s Mr. Dawkins: I mean, I got to have an incentive, I've got to have an Incentive for youngsters out there to understand that you get penalized for using drugs. Mr. Carollo: You know, that's the whole problem with our society; that narcotics has become something that's looked upon as, "Well, it's not really bad, it's like alcohol." Well, no, alcohol is bad, but cocaine its not like alcohol, it's a big difference. Crack is not like alcohol, heroin is not like alcohol. Maybe if our society would take a maybe more drastic step and all these major drug pushers who are poisoning our society, once they're caught and convicted according to our laws, instead of being given ten or twenty years in a country club, are given the death sentence so that it could be put on TV and everybody could watch it. I guarantee you that the drug problem we have in this country would be far less than it is today. The problem is we're going about it, just like Rome did in its final days. And I tell you, the biggest danger we face today are narcotics and that's what's going to do us in if we don't get ahold of the situation. Mayor Suarez: Kenny. Do you want to make a statement, Ken? Mr. Nelson: Yes, Mr. Mayor and commissioners. For the record, Ken Nelson, President, Fraternal Order of the Police. I think it's safe to say that all the union heads up here are strongly against the use of drugs by any of the employees in the City of Miami. I would venture to say, also, that what Mr. Odio said, as far as the police officers go, is correct when it comes to the fact that you actually catch somebody knowingly and intentionally using narcotics be it by a sting operation, an ongoing investigation where they actually caught somebody on video tape, or whatever they're surveilling... Mayor Suarez: In the commission of a crime: Mr. Nelson: In the commission of a crime. Mayor Suarez: That's a very big distinction from someone who.... Mr. Nelson: The concern that a lot of police officers have down at the police department right now and it's almost like a fear of epidemic style proportion, is they're afraid to drink out of the coffee pot because what happens if you have the most outstanding police officer of the year for the last year and he has the best service record, then all of a sudden unbeknownst to him, there's a positive testing. There's no reason to explain it, yet the city's policy has always been automatic termination instead of trying to look in and investigate and find out whether this person actually was involved in narcotics or this was just a mistake. We're into a procedure right now of urinalysis testing which is a new art and a new field. I asked a question of the doctor that we use for urinalysis testing, if there's any test, method, measure, device that can 1002, proof positive, know that somebody knowingly and intentionally ingested narcotics. His answer to that question is "no." We've had problems throughout the history of the City of Miami. Back in the 160's or 701s, we had a police officer who was slipped LSD. We had down at the court house where somebody put marijuana in the brownies. We have, throughout the past couple of years, we've had people nationwide where they've had stuff slipped into Tylenol and died. And we've had "johns" unknowingly get slipped knockout drops by hookers and robbed. So, I mean, it's not something that's isolated; it's something that's ongoing and it's a concern that needs to be considered. Before we... you know one of the points I want to clear up before we proceed to the future as far as urinalysis testing, we have to look back at the history and the past. One point that I want to clarify that Mr. Mielke stated is that urinalysis testing, as far as the rehabilitation was a part of the contract, and it was agreed upon at one time and we left at five o'clock one evening and that was where we were at. And not to point any fingers at anybody, but all of a sudden, the next morning we came back, it got pulled. I just wanted to let it be known that we didn't pull it, it was the city, but it was of vital concern to the bargaining committee at that time. Mr. Odio: I'm sorry, sir. I pulled it. We went from rehab... okay, no, no. Mr. Nelson: That's why I said, the city. But, I didn't want the blame to be pointed in our direction, that's what I was trying to clarify. Mr. Odio: I'll accept it with good grace. I admit that I did it. 43 April 30, 1967 � �fj Mr. Nelson: Okay, but the thing is, and I agree with J. L., there needs to be a uniform policy and Miller and Joe and everybody on the board, but we can't have "business as usual" and that's what it was suggested and I just want to say that if you have any type of projects where the city's going to work up any type of urinalysis testing program, I would encourage that you call in the union so we can work jointly together in a committee so we can come back with one unified position for the commission to consider. Thank you. Ms. Kennedy: That's all we're saying. Mayor Suarez: You*ve been forewarned about it as in the upcoming negotiations. Yes, Bill. Mr. Bill Smith: Bill Smith, Sanitation Employees Association. What my concern is that if an employee is rehabilitated by a spectrum program or any one of the well known recognized drug programs, the testing procedures that the city uses, as to the testing procedures that programs that the other people uses, is a lot different. You have a doctor at the spectrum program saying that the guy is off, he's safe, and he's okay. But if he come out of the door and is tested by the City, based upon the City's testing, the guy can still find something in it because it's a sensitivity test. And we have a lot of people that pays to go have themselves tested and is proven that they don't have nothing in their system and then when they go down and take the City test, it proves that they still have something in their system. Mr. Carollo: I don't follow what you're saying, Bill. How can that be because cocaine and marijuana... Mr. Smith: There's two different... Mr. Carollo: ...only stays in your system for a certain time. Unidentified male voice: I think I can answer that question. Mr. Nelson: I can answer that question. Commissioner Carollo, we had a police officer that tested positive for cocaine. The doctor testified that he uses SO nanograms as a cutoff to determine whether there's a positive reading or not. I asked him the question, "What's the standard in the industry," and he couldn't come up with an answer. So we did some further checking and Chief Bemler can verify part of this, we talked to the National Crime Lab for the FBI in Washington, D.C. and they use a 300 nanogram cutoff. I checked with FDLE for the State of Florida and they use a 300 nanogram cutoff. The same police officer, an hour later after his release from the department, went up to a hospital and had both a blood and a urine test conducted and they both came back negative. The doctor that the city uses said the reason why that it came back negative is they use a 300 nanogram cutoff. We don't have any set procedures or guidelines established... Mr. Plummer: That's what we're trying to do. Mr. Nelson: ...that are industry wide at this time to insure that we don't have any false positive tests. t Mr. Plummer: But, Ken, that's what we're trying to do is to establish a policy. Ms. Kennedy: Or set the standards. Mr. Nelson: I know we're establishing a policy but we also have to establish how the lab operates and.... Mr. Plummer: Fine, that's part of the policy. Mr. Nelson: ...what they're going to come back as a, you know, positive testing. Mr. Plummer: I would still, Mr. Mayor, I would still move that this... let me ask one question first, we now, didn't we mandate that all new employment had to go through drug testing? That's already in? Mr. Nelson: Yes, sir. 44 April 30, 1987 r` 1 i;;, . Mr. Plummers I make a motion at this time, Mr. Mayor, that the administration come back after hearing the thoughts of the individual commissioners, and present to this commission, at its earliest convenience, a standard testing policy at which this commission can either accept, alter, modify, or reject. But, at least, proffer something dow so that we can hopefully avoid this terrible thing called masters and all of that which is expensive. So I would move.... Mr. Odio: Commissioner, before you move it, may I ask that we brief you in an executive session... Mr. Plummer: Sure, I have no problem with that. Mr. Odios ... since it's part of labor negotiations instead of.... Mr. Plummer: ... have no problem with that. Mr. Carollo: Could I ask Chief Bemler a quest on? Larry. Chief Larry Bemler: Yes, sir. Mr. Carollo: What were you going to be saying on the point that Ken touched upon. Chief Bemler: Well, there's a couple of things that I think that the commission should be aware of, especially as it relates to police officers. I can't speak to other employees. Number one, a police officer different than many other employees, has raised his hand and taken a solemn oath to enforce the law. Secondly, we're governed by a group criminal justice standards and training commission. They have recently adopted a rule that will be mandatory and obligatory for the police department to report to them any police officer we find with drugs in his urine or in his blood. And they will be recommended for decertification. So that is going to take precedence over anything that we can do on the labor front. Of course, they only regulate police officers and corrections officers. The other thing I wanted to talk to is the state of the art right now. One of the labs that we use uses the GCMS method, the gas chromatography mass spectograph. That's much more accurate than even finger prints. The problems that Ken refers to as far as standards deals with emit test which is really a screen. It's about 90% - 95% accurate; I equate it to a home pregnancy test. And all that is is just an indication. Once they fail that screen, either at the Department of Defense uses a fifteen nanogram standard, we use fifty, many people in the industry, because they're looking for hard core drug users that use it on a daily basis, they set theirs at 300 nanograms which means you pretty much.... Mayor Suarez: As long as you keep mentioning that term, what percentage of a gram is that? Chief Bemler: A nanogram - that's - part right - millionths of a gram. Its a very small amount, it's.... Mr. Carollo: The bottomline is that whether you use the 300 or lesser. If the one that's less than 300 shows you to have cocaine in your system, then apparently you did have some trace of cocaine, period. Chief Bemler: Oh, very definitely. That is verified by two independent GSMS's, so that there's absolutely no doubt in anybody's mind once these tests are done that the results are positive. We did speak, Ken and I did speak on the phone to the FBI chief chemist. Everything he said is exactly the same thing that Dr. Hall has been telling us here, locally. Mr. Nelson: The one... just one point of clarification is that we did talk about the gas masks and it wasn't the emit, and they did use the 300 nanograms. And the reason why the Chief can verify that is they figure at 300 was a safe standard where they wouldn't have any false positive test readings. Mr. Dawkins: Well, the recreational users is just as bad with me as the hard core users. Don't make no... The recreational user and the hard core user buy it from the same seller. 45 April 30, 1987 Mr. Nelson: We agree. We want a drug free society and we want to go in that direction but we don't want to see one innocent person become victimized by the process that we set up and that's what we're trying to work out. Mr. Carollos We agree with that too. Chief Bemler: The results speak for themselves so far. Mr. Dawkins: We're all in accord. I mean... and we're not picking on anybody but I'm just saying that it's got to be uniform. One drug or I don't care how it is, but as long as it's uniform. Mr. Smith: I understand that. My concern is that a lot of people, in applying for jobs, take pre -testing, okay? And we look at it as saying, if a guy was a user at some point in time and had gone into a rehab program, especially ones that requires that you spend a minimum of twenty-eight days in the program. He comes out of the program, he is certified that he is drug free. Then if he came down and applied for any job outside of police officer in the city and take that test, it would prove that he's still got some of the stuff in his system although he's been certified free from the other place. I'm just saying that somehow or another we need to come up with something that everybody can live with. Mayor Suarers We all agree on that. It sounds like a pretty highly technical area that should be discussed in executive session as we approach the contract negotiations. In the meantime, the city manager is going to make a recommendation, at least on a policy statement by this commission. That's the consensus of the commission? Ms. Kennedy: Yes, indeed. Mayor Suarez: And obviously would require uniform policy for all departments. Ms. Kennedy: Uniform policies. Mr. Dawkins: Let's hear from the Fire Department. He wants to say something. Mr. Lou Kickasola: Good morning. Lou Kickasola, Vice President, Miami Fire Fighters, Local 587. I want to just let you know that we have heard what you've said this morning and your concerns and we know what the concerns are. I just want to remind everybody that we do have a current contract in effect. It deals with how, when, and where you will test and what will be the outcome of that test and what the person has to do. And I would just like to remind you that we intend to honor that contract and I do hope the city honors their side of the contract. Mr. Dawkins: We're going to honor the contract, sir. But we'd also hoped that we'd have honorable men over there who would know that we do have a problem and they too would attempt to address the problem, even though you have a contract. Mr. Kickasola: We understand your concerns. concerns. Mr. Dawkins: Okay, thank you. Mayor Suarez: Thank you, Lou. 46 We restate, we understand your April 30, 1987 K 22. DECLARE THAT UNLESS OTHER MUNICIPALITIES IN DADE COUNTY ACCEPT THEIR FAIR SHARE OF JAIL FACILITIES, THERE SHOULD BE NO MORE JAILS IN MIAMI. Mayor Suarez: Okay, item thirty-three, Commissioner Dawkins. Mr. Dawkins: Thirty-three? I got another one on here? Mr. Plummer: What about thirty-two? Mr. Odio: Thirty-two is the.... Mayor Suarez: I'm sorry, thirty-two. Mr. Dawkins: Where's my list? I got my list here. Okay. We got all the jails almost in the City of Miami and we don't need any more jails because they're also putting a strain on our Fire Department. Now, in 1986, we had 42 incidents of fire in the jail. In 1986, that rose to 64. Now, I'm polling all of the people in the community and, so far, everyone seems to agree along the same chain of thoughts that we are. The City of Miami is saturated with jails. Every time you put a jail up, you take a piece of property off the tax roll. We want, as J. L. said, we want the other parts of Dade County to rightfully assume their parts of the jail. I don't know how many residents are in Virginia Gardens, but I'm sure it's less residents than it is in the City of Miami. And when the residents of Virginia Gardens didn't want a jail, they didn't put one there. But they just seem to want to stick them all in the City of Miami. So I'm for one... I'm saying that no more jails in the City of Miami until Coral Gables, Bal Harbour, and all the other areas get a j ail. Ms. Kennedy: I agree. I think everybody should get its fair share. Mr. Plummer: Likewise. I think it's fair to go on record in Tallahassee to tell them of this commissions concern that, should they propose any further jails in the City limits without the others picking up their share of the burden, that this City will go in total opposition. And I think its fair to put them on notice of that from, you know, from the very beginning because, if not, you know what's going to happen. It's going to be the place of convenience. Mr. Dawkins: And, as I had to tell the county manager; Yes, a bond issue was passed to build a jail, but it did not say the jail had to be built in the City of Miami. The money was put up for a jail. They can build a jail any place they want. So don't keep telling me that the bond issue was passed to put the jail in the City of Miami. Mr. Plummer: I still say the Biltmore Hotel in the Gables would make a fine jail. Mr. Dawkins: You want to may something, Mr. Manager? Mr. Odio: Thby could put it in the Everglades, it I, I.... Mr. Dawkins: Don't pick on the Indians, that's why I'm getting you all off of me. The Indians can't defend themselves, let's don't go out there and bother them. Mr. Plummer: Well, I guess what we need to do is... Mr. Dawkins: Where is Joe? Joe's a fighter for the Miccosukes Indians. Mr. Plummer: I need... I guess we used to pass a resolution informing the State Department of Corrections or whatever departments are involved, by resolution of just exactly what has been said, that no more... this City will oppose any more Jails in its corporative limits until such time as the rest of the municipalities have picked up their fair share of the burden. Mayor Suarez: Document that by having a... I guess you've got it pretty well documented there in terms of how many facilities are in the city compared 47 April 30, 1987 s to... City of Miami compared to the other cities so that they know we've not done this superficially and we've got good reason for feeling this way. Ms. Dougherty: Commissioner Dawkins. Mr. Plummer: I'll so move. Mr. Dawkins: I'll second. Ms. Dougherty: Commissioner Dawkins. Mayor Suarez: Moved and seconded. Madame City Attorney. Ms. Dougherty: I just wanted to remind you that two proposals that are now set forward by Dade County are the expansion of the two existing; the womens' and the wens' facilities so I assume that this resolution would cover an expansion as well as a new one. Mr. Dawkins: Yes ma'am, yes ma'am. Mr. Plummer: I think it says, any new jail facilities, whether they be new, expansion, or what. Mr. Dawkins: Madame City Attorney, I'm going before the cabinet and I need, maybe you or someone may have to go with me. Mr. Plummer: I'll go with you. Mr. Dawkins: Okay. Because what I want them to understand that even though we are under home rule charter, I want to understand how we have... how we can be sure that that's not pushed down our throat, the jail. So J. L. and I, we'll go to the cabinet... can you prepare something for us or should that go into our resolution, Madame City Attorney? Ms. Dougherty: Yes, we will prepare your resolution for you. We will also give you the draft letter that we already sent to Dade County telling them about the zoning procedures they are going to have to follow before they ever step foot... start their process. Mr. Dawkins: Okay, thank you. Mr. Mayor, I'd like to take this time to move.... Mr. Plummer: Could we call the vote? Mr. Dawkins: Yeah, call the roll, I'm sorry. Mayor Suarez: Call the roll on that resolution... motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-388 A RESOLUTION DECLARING THAT UNLESS AND UNTIL THE OTHER MUNICIPALITIES IN DADE COUNTY, FLORIDA, ACCEPT AND DISCHARGE THEIR FAIR SHARE OF THE ECONOMIC BURDEN IMPOSED BY THE LOCATION OF JAIL FACILITIES WITHIN THE BOUNDARIES OF THOSE MUNICIPALITIES, THERE SHOULD BE NO NEW OR EXPANDED JAIL FACILITIES LOCATED IN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE HONORABLE RICHARD L. DUGGER, DIRECTOR, FLORIDA DEPARTMENT OF CORRECTIONS, 1311 WINEWOOD BOULEVARD, TALLAHASSEE, FLORIDA, 32399- 2500. (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- . 48 April 30, 19$7jr,` i AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 23. (A) RECONSIDERATION OF AGREEMENT WITH SPILLIS, CANDELA FOR EXPANSION OF COCONUT GROVE ZWBITION CENTER. (B) DISCUSSION REGARDING HELIPORTS IN THE CITr OF MIAMI. NOTE FOR THE RECORD: AT THIS POINT, COMMISSIONER DAWKINS CHANGES HIS PRIOR NEGATIVE VOTE ON ITEM 6.1 (R-87-378) TO REFLECT A POSITIVE VOTE. A NEW ROLL CALL WAS TAKEN AND PASSED UNANIMOUSLY. Mayor Suarez: Item thirty-three. Mr. Plummer: On 6.1, Mr. Mayor, how much are you allocating for the firm? What is the fee? Ms. Juanita Shearer: $150,000 Mr. Plummer: And what have they been told is to the maximum amount of money that we've got to spend? Mr. Odio: I told Mr. Candela, I don't know what you told them, but we only have five million dollars. Mr. Plummer: Including their fee. Ms. Shearer: That is the way the contract reads. Mr. Plummer: No, no. I want to make sure now. Including their fee, furniture... Mr. Odio: Yes. Mr. Plummer: ... fixtures, air conditioning, telephones, everything - everything maximum. Ms. Shearer: Yes. Mr. Plummer: Because if they come in over that figure, I want to tell you, I'm going to take a helluva long time to pay them their fee - after I throw them out. Mr. Odio: No, no, no. There will be no change.... Mr. Plummer: I don't want to hear about overruns. Mr. Odio: No, no. No overruns, no change orders.... Mr. Plummer: Don't want to hear a word about overruns and I don't want you to come back and tell me, well, we've got to put another thing here, we got to do another thing there. When you come back here, I expect you to give me a key f'a for five million dollars total and that better be it and it better be 1005 of what the contract is. I don't want to hear about, well, we've got to go order' seats or we've got to go order chairs, or we've got to go order this, that, or the other thing. Mr. Dawkinss Six point one was passed and I voted no so I was Just bringing it up to vote yes, that's all. We passed it before. Mayor Suarez: Yeah, it had passed, it had passed. Mr. Odic: I never voted. It had passed? Okay. Mr. Dawkins: It had passed. Mayor Suarez: In connection with that business of the design and the overruns, keep in mind, I don't know to what extent you're going to be designing partitions. In the Toronto exhibit facility, they used partitions that are built coincidentally in the State of Florida by a company here, I don't know their name.. They're not the electronic ones, they're the ones that are handled mechanically which means that they get stuck a heck of a lot less and it can be operated by just about anyone. And, you know, if they're made In the State of Florida, that's a good place to start looking for suppliers as opposed to outside. Particularly if they work, and they seem to work because that's one of the most successful facilities anywhere. Mr. Plummer: Yes, that's one of the facilities in the world that makes money. It actually makes money. Mayor Suarez: And it's booked for about ten year, I think. Item thirty- three. Mr. Odic: The helicopters. Commissioner Dawkins requested that we bring this back today. Mr. Dawkins: Do we still have the manager of the county understand that if there's anything done with a helicopter on Watson Island, it will be done by the City of Miami. Mr. Odic: We have a revised resolution her - Will you go ahead and read it? But, we have taken that into consideration, as you ordered us to do. Mayor Suarez: The materials that I saw that Bill had left here from the county had a bunch of wording throughout that indicated the county expected to be operating the facility and that's certainly not the consensus of this commission. Mr. Carollo: What is this we're being handed right now? Mr. Odic: It's a resolution that we redrafted to take into consideration what the commission had told us to do. Mr. Carollo: How come we were not given this before? Mr. Plummer: It was a discussion item. Mr. Odic: Because it was a discussion item, commissioner, and... you don't have to vote on it now. We can.... Mr. Carollo: I think its very unfair to get any materials right at a commission meeting before you're going to discuss an item. Mr. Dawkins: Defer it... defer it. Call the rule. Mr. Odic: I agree and you don't have to take action on it today at all. Mayor Suarez: We don't need to take any action on it at this point at all, but, we, you know, have certainly, once again, emphasized Commissioner Dawkins' request of this item, and, I think the rest of us have expressed ourselves that we don't want this to, somehow, to result in the county taking over the operation of heliports over there. Mr. Plummer: Well, it doesn't state that in this resolution. It does incorporate the wording that we spoke to before, that if any federal funds were forthcoming that we would get a proportionate share. No, no, no. What Commissioner Dawkins is saying is, that if a heliport is to be operated, for example, on Watson Island, we, the City, will be the operator. Mr. Odic: That is correct. Mr. Dawkins: And get the full funds. 50 April 30, 1987 Mr. Odic: And that's the way it will be. Mr. Plummers Well, but that's not in this wording. Mr. Odic: Because... this is only.... Mr. Plummer: No, no. This is not what Commissioner Dawkins is speaking to. Mr. Odic: This is only for the study. Once we get the funds, I can assure you that we will be running as a City of Miami facility. Mr. Plummer: No, no, no, no. I think you need to do that now. Mr. Odic: Okay, add it to the.... Mr. Plummer: I think you need to put them on notice, up front that if a facility is owned and operated by this city, we fully intend to run it. Mr. Odic: Yes, sir. Ms. Shearer: If a facility is within the city, the city intends to run it? Is... I'm sorry. Mr. Plummer: No, not necessarily. If it exists on city owned or operated property, the city will control it. Mr. Odic: Then add it to this as an amendment and.... Mr. Plummer: Yes, but what I'm saying is, what Commissioner Dawkins is most emphatic about is not contained. Mr. Odic: Well, let's add it to the resolution and.... Mr. Plummer: And, but tell them up front, let them know where we're coming from exactly and then there will be no question later on. Mr. Odic: Yes, sir, but I can assure you that has been our intention anyway. Mayor Suarez: Yeah, that was the intent. We ought to add that wording. In any event, that will give us an opportunity to look at the resolution. Okay, we don't need to take any action on item thirty-three. Mr. Plummer: Well, wait a minute. Let me just make one other comment, Mr. Mayor. I am very concerned and I think this commission should express itself; one of the ideas, I understand that's being espoused in this study, is a great number of buildings - they use the roof tops. Nov I have no problem with a building being built with a heliport for emergency purposes - emergency. But I don't know that I'd really concur that a building in downtown Miami, that I would want to see a helicopter landing there on a regular scheduled basis. I just... It would be to me like landing a helicopter in the Orange Bowl loaded.... Mayor Suarez: Well, if they have... If it's right adjoining to the bay, I think under the FAA regulations, they can.... Mr. Plummer: Well, okay. My concern is the concentration of people, in any given time, well, you say next to the bay, you look at ah... you look at ah... Mayor Suarez: Or the river. Mr. Plummer: ... Bayside. Look at how many people are there. Mayor Suarez: Right. Mr. Plummer: And I think that we used from a standpoint to understand that, Yes, we would encourage buildings being built to have helipads on the roof for the purposes of emergency situations and evacuations. But I, personally, will express to you that I have great reservations of any building in a congested area, downtown in particular, being used on an hourly or half hourly basis for a regular scheduled commuter kind of situation. 51 April 30, 1987 'ter Walter Pierce: Mr. Vice -Mayor, if I may, just for your information, the.... Mr. Plummer: You're only an expert on rickshaws, not helicopters. Mr. Pierces Helicopters too - recently added specialty. The zoning ordinance, right now, regulates heliports and helistops and any one that has to be built, has to go through certain requirements. A heliport specifically requires a public hearing and a helistop requires a lesser public hearing, but still requires... Mr. Plummer: Walter,. that's all well and good of the present as it exists. This is a study to change radically the operations countywide. Mr. Pierce: But, sir, no matter what the county does in its master planning, the city still has the jurisdiction of zoning and any heliport, helistop, Mould have to come back through that procedure. Mr. Plummer: Okay, look; all I'm saying is I'm putting it on the record now what my feelings are; the others can express it or not. But I'm just concerned about a regular basis in a congested area. Mr. Dawkins: Plus the... We're dealing, I think, with landing helicopters in the City of Miami with our air pattern from in and out the Miami airport. A lot of ships take out and go right out here over this way so I wouldn't want that over there. Go ahead, Bill. Mr. Bill Terkeurst: My name is Bill Terkeurst. I live at 1627 Brickell and I operate Dade Helicopter Jet Service on Watson Island, and would like to make a very clear statement. We are pro helicopter development and heliport development, obviously. But, I want to make some negative comments. There are some real problems with accepting federal funds in any way, because of the fact that any time you accept federal funds for developing any heliport, it must be totally open to the public. Now, I'm for public heliports, Watson Island is a totally open public heliport, and should remain so. It has the area, it has the safety of over -water approaches and departures and it should be usable by anybody and everybody. But, when you build heliports on roof tops or in congested areas, you are exposing the city, or any government agency involved, to a liability situation and that's also, in the long run, going to be a detriment to the industry. New York City is a case in point. At a heliport on top of the Pan American Building; now, there was an airline accident, it was not caused by any maintenance problem that the operator was supposed to do, it was a design problem - it wasn't pilot error. The airplane lost a strut on one of its landing gears. It killed two people on the roof and 880 feet below, a girl waiting for a bus. This is something we don't want to see, as the industry, in my opinion. We need... We need waterfront heliports, we need more of them, we should have one in the Bayside area, we should have one at Dinner Key, we should have one in Virginia Key and we should have them in all areas where business people and so forth utilize helicopters; they're becoming more popular. But, if you have over -water approaches and departures or a land level heliport, you're eliminating the problems. Sven some of these are in congested areas.... Mayor Suarez: With all due respect, it sounds like you're trying to write an RFP for something that we're not involved in doing just now. Mr. Terkeursts No, no. I understand that, Mr. Mayor. Mayor Suarez: You know, you're way, way in advance and I think most of what you're suggesting, I would suspect is covered by FAA regulations.... Mr. Terkeurst: No, it's not. Mayor Suarez: Now, if you're concerned about the use of federal funds for any Improvement on Watson Island.... Mr. Terkeurst: Not at all. r Mayor Suarez: Or, okay... Mr. Terkeurst; Not at all. Mayor Suarez: Okay, that's what I thought you were going to address. 1� �j 52 April 900 1987� Mr. Terkeurst: No, no, absolutely not. Watson Island is a large enough heliport that should be open to the public. When you put a Bayside heliport or a confined area. Mayor Suarez: Well, we don't have... We don't have anything before us having to do with a heliport on Bayside that I know of, and if we do.... Mr. Terkeurst: No, we do have the Dade County resolution. This resolution addresses many roof tops and things like that and it's not something that the normal user of helicopters needs. They generally either go in a cab or they have ground transportation available to them. The heliport doesn't have to be right next to the office. And New York, as I stated before, does and has had this policy and all heliports in Manhattan are waterfront. A waterfront heliport doesn't have to be ugly. It can be grass, it can be pretty. Mayor Suarez: What are you trying to tell... What are you trying to tell us now; what are you suggesting to this commission? Mr. Terkeurst: The only thing I'm trying to say, that if a waterfront ground level heliport is very inexpensive to develop other than land costs. If the City of Miami owns the land, the industry would be more than happy to proffer any funds that are necessary. You don't need government funds because with government funds, come government regulation.... Mayor Suarez: Oh, I see what you're saying, that for anything that we do by way of providing more facilities on Watson Island or approving the facilities at, in regards to that, we don't need Federal funds. Mr. Terkeurst: Absolutely not. Mayor Suarez: You are probably right, but we haven't accepted any so far. I don't think the study... Mr. Terkeurst: The study does put you on that. The A.C. is developed by the... F.A.A. is very clear. Any funds, any government funds automatically puts you under the federal guidelines. Mayor Suarez: What does the City say about that? Juanita, do you want to make a statement? Just by participating in a study, some of which is derived from Federal funds? Ms. Juanita Shearer: That is not our understanding at all and we have not yet written, signed, or commenced participation. If that is the case... Mayor Suarez: Before you do write, sign, etc., would you get clear opinion from the City Attorney that we are not binding ourselves in any way as to how we are going to use that facility. Ms. Shearer: You made that extremely clear to us last time and we understand that. Thank you. Mayor Suarez: OK, that's pretty clear, the consensus of this Commission that even if the monies were only to be used for a study, if that would somehow bind us to those kinds of regulations that we don't need to have, then we wouldn't want the money. Mr. Terkeurst: Some of these facilities are necessary, like for Rescue I, etc. Mayor Suarez: Right. Mr. Terkeurst: You need this ability, but you are also running into problems at Dade County right now, on their heliport design, they've run into verys serious problems with air traffic control, which In a real part of F.A.A. They are not going to allow these heliports to be used. Air Traffic Control has sat at the committee meetings, of which I am a member. They are not going to buy it! They have totally.... Dade County Aviation Department said we t couldn't fly it over 150 feet in the area around the heliport at Miami International. Air Traffic Control said absolutely not, 500 feet. Mayor Suarez: I an sure you are going to continue to monitor the situation and give us your opinions if at any step of the way we are involved in... 53 April 30, '1987 °? xR „ r 1 }* k : A ff, either because of acceptance of Federal funds, or cooperation with the County, Imposing certain constrictions that really don't make any sense for Watson Island. Mr. Terkeurst: Well, all of the Federal regulations are contained within an F.A.A. advisory circular, as referenced I'd be more: than happy to furnish.... Mayor Suarez: Well, that... Mayor Suarez: Well, that will be looked at by our staff, I am sure, and you are welcome to meet with them. Mr. Terkeurst: Yes, thank you very much. Mayor Suarez: Thank you, Bill. NOTE FOR THE RECORD: Commissioner Dawkins introduced Tony Hart, "Boss of The Day Program." 24.A -DISCUSSION RE DISBURSEMENT OF BOND MONEY TO INNER CITY PARKS. 24.B - APPROVE A "LOAN POOL PROGRAM" FOR THE FINANCING OF BAYFRONT PARK AND CITYWIDE PARKS. Mayor Suarez: OK, Item 34, bond monies for inner City parks. How are we doing on that fund? How much money do we have in that fund? Mr. Eads: We expect to have about $8,000,000 for the inner City parks. Mayor Suarez: Ah he You always have a way of answering a different question. We expect to have. How close are we from getting the money from the port? The last time we talked, it was getting that new appraisal that hopefully was going to come in at 5.9, so that they can give us 5. ... Mr. Plummer: Well, but, that $8,000,000 you speak of is not for all inner City parks. Mayor Suarez: Right. Mr. Plummer: It is my understanding it is on a fifty-fifty basis, right? Mayor Suarez: Right. Mr. Plummer: Fifty percent goes to Bayfront Park. Mayor Suarez: Right. Mr. Plummer: Fifty percent to inner City. Mr. Carlos Garcia: The $8,000,000 is just for inner City parks package In about $16,000,000, Commissioner. the total Mayor Suarez: Right, out of a total package of $16,800,000 will be used for inner City parks in accordance with this Commission's mandate. Now, how much of that $16,000,000 is there? None. Mr. Garcia: $1,000,000. Mr. Odlo: $1,000,000. Mayor Suarez: $1,000,000. So far we have half a million for the inner City parks. When do we get the money for the bridge? How close are we? Any new developments? Mr. Dawkins: What now? r 54 April 30, 1987' Mr. Odio: The $5,900,000? Mayor Suarez: Right. Mr. Odlo: The appraisal was concluded and Carmen Lunette told me last week when he was here he expects a closing within the month. Mayor Suarez: Did he come in at 5.97 Mr. Odio: Yes, sir. Mayor Suarez: OK, the County has a... OK. Mr. Odio: The other thing I would like to.. Mayor Suarez: The Port of Miami has a great way of predicting in advance what the appraisal would come in at. I love that! _ Mr. Odio: What I would like to do, on May 14th bring to you a plan for the inner City parks and to see that you review it and if you want to shift monies around. Mayor Suarez: At that point are you going to present a plan that has to do with all the $8,000,000 that we hope to have, or just the monies that are there? Mr. Odio: With the $8,000,000. Mayor Suarez: With the 48,000,000. OK. Mr. Dawkins: Well, I will tell you, you will not spend one penny... Mr. Odio: That's correct. Mr. Dawkins: ...in Bayfront. I don't care how long it takes you to come in, I don't care how long it takes you to come in with your plan, but you will not spend one penny until you have earmarked the money for the inner City park is in the bank, earmarked. Mr. Odio: We will bring to you May 14th a plan for the inner... Mrs. Kennedy:We intend to do it simultaneously, and I agree with Y 8 you. You know what we need to do, I think, is bring like... A Mayor Suarez: Commissioner... by the way, Commissioner Kennedy, if I may - interrupt you, has everyone gotten a copy of this? f, Mrs. Kennedy: I don't know if anybody has passed it around. { k I' Mr. Dawkins: No, I haven't. Mayor Suarez: This is a very good breakdown of all the projected revenues and rexpenditures for Bayfront Park, and I just found it here. I don't know if it In your breakdown. Mrs. Kennedy: Mr. Manager, what I think that we need to do is bring somebody like a structural engineer to tell us... to take a look at all the parks and see what needs to do where. r Mr. Odio: Well, we have done that, Commissioner, and we will be presenting a plan to you, not as structural engineers. What we have got is experts on each park. {{; Mayor Suarez: But, we have given some B priorities already and this Commission expressed itself rather clearly on Clemente Park. ,. #i#4 Mr. Dawkins: That's right. Mrs. Kennedys But, today s item is just to get a better interest rate, and that In all that we would be approving. '-a 55 April 30, 1987 ,,> 1� i Mayor Suarez: OK, item 35. Mr. Plummer: Weil, let me ask, how does 35 tie in with 34? Mayor Suarez: That is what we are going to get to in a second, I guess. Mr. Plummer: Well, but I think it goes hand in hand, doesn't it? Mr. Odic: No, what we are saying on 35, this is the best way to sell the bonds. Mrs. Kennedy: No, this is just to sell the bonds at a better interest rate. Mr. Odio: At a better interest rate. Mrs. Kennedy: In fact, I so move the item. Mr. Odio: We are going to the State pool and we get a better rate through that. Mayor Suarez: What are we expecting to be able to sell? What amount? Mr. Garcia: Mr. Mayor, what we are asking here today... Mayor Suarez: I mean, this is the bonds that were resolved from stream of Income from Bayside, the rental. Mr. Garcia: Of the $60,000,000 package that the City Commission approved, 48,000,000 is going to be bond proceeds. Instead of us selling those... Mayor Suarez: Bond proceeds from what income? Let's clarify that, from the rental fees paid by... Mr. Garcia: No, sir, no. We changed that and we came back to the City Commission and asked your approval to use assessment collection monies that the City is getting at this time to repay the bonds, a special assessment collection monies. Mr. Plumper: Assessment against who? Mayor Suarez: Assessment against who? Mr. Garcia: At this time the City has a special assessment against some projects that Public Works has developed and that income stream at this time is coming to the debt service fund, into the general obligation debt service fund. Mayor Suarez: You mean from past assessments that we made against whom? Mr. Garcia: Yes, that's right. Mayor Suarez: That we still don't know. Mr. Garcia: Against property owners throughout the City. For instance, when you have a highway built or a sidewalk built, 25 percent of that cost, it comes from special assessments. Mayor Suarez: We know that. Mr. Garcia: Those special assessment collections go into a separate fund and according to the City.Charter, that money is available either to redeem bonds or for any other capital purposes of the City. Mayor Suarez: I see. Mr. Plummer: How big In that fund right now? Mr. Garcia: Right now we are seeing over $2,000,000 a year. Mr. Plummer: How much is in the fund? ' 56 April 30, 1987 ' Ni r Mr. Garcia: That money is being used annually to pay off debt service of general obligation bonds, so there is no balance there. We have collections annually and in turn, we use that money to pay off bonds. Mr. Plummer: Well, then that concerns me. If are using $2,000,000 a year and there is no balance in the fund, means that all of it is presently being used to reduce other obligations. Where do you find room for addition or expansion of this bond to be paid from a fund that is balanced zero every year? Mr. Garcia: That fund has several components. Mr. Plummer: Has what? Several... Mr. Garcia: Has several revenue sources. One is the special assessment collections. That also receives taxes, it also receives interest earnings. The other revenue sources will be used to take the amounts of what it is going to use to redeem the park bonds. The general obligation taxes will be used to pay off those bonds that we are paying off now, as special obligation bonds. Mayor Suarez: What is it going to do if we allocate, I think is the same concern the Vice -Mayor has. Mr. Garcia: If we... Mayor Suarez: What is it going to do to our debt service millage rate, if we take that $2,000,000 that we were previously... Mr. Garcia: Well, we are not planning to take all $2,000,000 at this time. Mayor Suarez: How much do you need of income to...? Mr. Garcia: We believe that it is going to be less than 41,000,000. Mr. Dawkins: You know, this is my problem, see. I told you guys this when you started juggling this money, see. I knew we were going to come vp short some place, OK? Now, if we run into a problem somewhere else, and we have got to go out for some bonds we don't have the debt service to cover it because you are using up everything we got. Mr. Garcia: Commissioner, I... Mr. Dawkins: Just like J.L. says, where is our cushion? Mr. Garcia: At this time we are not short. The plan at this time... Mr. Dawkins: You are short because you are acquiring debt service that we don't have the money for. Mr. Garcia: Right. We have several ways of funding that debt service. The most recent proposal is to use the special obligation... special assessment collections. We could also go back and try to use the Bayside revenues. We decided not to use the Bayside revenues because that In not a very strong source. It is a fairly new revenue source for the City. It doesn't have a strong historical trend, so that is why I wanted to use a special assessment collection. Mr. Plummers Yes, but you know, what happened to the concept that the State allowed the City to pledge and bond against anticipated sales tax? That is i what we originally were going to use. Now, what happened to that theory? Mr. Garcia: The only problem with that, Commissioner, is that we are getting $10,000,000 in a State sales tax a year. We don't want to place that large revenue source to pay off maybe $500,000. Mr. Plummer: No, no, were only... Mayor Suarez: No, but he is talking about the increment in that, resulting from Bayside. Mr. Plummer: We were only talking about the monies derived from Bayside, were In fact, going to be allowed to be pledged for the bonds of improvement right next door. Now, that was my understanding, because let me tell you what 57 April 30, 1987` r.9 ok bothers me. You are talking about this is made up of this fund of many Increments and one of the things you said very quietly was taxes. Mr. Carollo: Right. Mr. Plummer% Which means, when everything else fails, we, the homeowners get it again in the ear. Wait a minute now, if that is one of the increments and the other three fail, that's the only one left, you gotta pay the bond. Mr. Garcia% That is true. Mr. Plummer: Now, you see, that is where I've got a real problem. I've got a problem also that this Commission was informed that those bonds were going to be predicated on anticipated sales tax revenue from Bayside and now, that's gone by the board. I don't think that this Commission agreed to that. We agreed to use the sales tax revenue vehicle. Mr. Garcia: OK, if I may, Mr. Vice -Mayor, what we are asking here today, is to get your concurrence that instead of us going directly to the bond market and selling bonds, that we join one of these State bond pools, because it has some economic advantages to the City. We are proposing that we use the Sunshine State bond pool, which has been formed by several cities, including Tampa, Orlando, Tallahassee and Dade County and so forth. Mr. Plummer: Carlos, I have no problem with that, OK? Mr. Garcia: OK, but the... Mr. Plummer: Wait a minute. The point is, is to give you that approval today means you are going to go to sale. Mr. Garcia: No, no, sir, we are not going to sell. All we are asking is your approval to the concept. We have to work with them and come back to you to get final approval. If your wishes that we use Bayside revenues to pay up the bonds, we will try to work that out. If we have a problem, we will have to come back to you. Mayor Suarez: I would think that the ability to use Bayside rental is now that much more... that is much stronger... Mr. Garcia: .Because now there has been some history, that is the base. Mayor Suarez:... because we have some experience. Mr. Plummer: Well, Mr. Mayor, I don't necessarily agree with that, because I would hate to see... this City has big plans for the rentals. Mayor Suarez: But, if the market believes it, what difference does it make what you and I... I mean, if we could sell it on the strength of those without a collateral guarantee by the City, that would be... Mr. Garcia: That is right. Mr. Plummer: Well, here is the point I am trying to make. The sales tax t anticipated from Bayside is going to be less, and much less than that of rentals. Let's remember that if they are any where near right in their first 45 years, Bayside will return to the coffers of this City, $676,000,0001 Mayor Suarez: We should use the minimum rental, not the... Mr. Plummer: OK, that is $1,000,000 a year. Mayor Suarez: Right. Mr. Plummer: But, what I am saying is... Mayor Suarez: We don't think we can get a $1,000,000 a year from the sales tax? Mr. Garcia: There In no sales tax, Commissioner, if I may. It is the rental that Bayside is supposed to pay the City. My recollection is that that... 58 April 30, 1907 L� #I Mayor Suarez: Well, that is what he was just talking about now. Mr. Garcia: Yea, but that first payment is going to be only $325,000 a year, the minimum. Mayor Suarez: But, the Vice -Mayor also referred to another idea that you have forgotten about, which has to do with the incremental sales tax derived from the transactions of Bayside. Mr. Dawkins: My only concern... Mayor Suarez: Remember that one? Mr. Garcia: No, sir, I don't. I'm sorry. Mayor Suarez: Now you have us all confused. Now we are back to only talking about the rental income. How much is it the first year minimum? Mr. Garcia: $325,000. Mr. Odio: What happened is, they will not accept that. Mr. Plummer: No, no! The first two years was three sixty five. Mr. Odio: Yes. Mayor Suarez: Then it goes right up to seven hundred? Mr. Plummer: No, wait, that was during construction. Once they are open, it is 41,000,000 a year. Mayor Suarez: No, I think it is $700,000 first year, for a couple of years. Mr. Garcia: I don't have the contract with me, but my recollection is... Mayor Suarez: It hits $1,000,000 at the end of seven years, right. Mr. Garcia: Yes, on the seventh year, it is $1,000,000. Mr. Plummer: Fourth year... fourth year, OK. Mayor Suarez: OK, but against that, you don't think we can... Mr. Garcia: We can try it now. If we have your concurrence to approach the Sunshine state pool... we have talked to their bank, their letter of credit `. bank and we will see if that revenue source is strong enough for them. If we have a problem, we will come back to you. Mr. Dawkins: Mr. Manager, why is it, and this happens constantly, this Commission gives directions of what it wants done and the Administration always comes back with some thing different. Why is that, sir? I remember distinctly saying... I mean, I remember us distinctly saying that this money should come from the Bayside rentals. Mr. Garcia: Yes Mr. Plummer: Use the little one for the big project. Mr. Dawkins: All right, well, why are we changing it? Mr. Garcia: Commissioner, the problem with that was, as I said, the revenues are not that strong. F L Mr. Dawkins: I told you that when you started talking about how much money we had. I am the one who sat up here and told you that we were dreaming in the pie and you guys told me, "No, you don't have nothing to worry about." That is how you got us up here to go along... Mayor Suarez: You presented that there was something quite viable. Mr. Garcia: It was viable at the time we thought it was, but still, it is, you know, when you are bid to sell bonds, the bond buyers have to be agreeable that that bond would... that those revenues will be sufficient. 59 April' 30',"1987 Mr. Dawkins: All you guys did was pacify people up here to get an OK to proceed with Bayfront Park. Now, that is what the hell you did, OK? And I was against it, because I kept telling you over and over that this is all you were doing, pacifying us up here so that you could go ahead with Bayfront Park and now... every penny that you spending, you are going to have to match it. Mayor Suarez: I think it is pretty clear that you are going to have a touch time getting a consensus of this Commission to allow you to use assessments that have previously been used to pay off G.O. bond service to all of a sudden, finance this project. The whole idea was to do it from some kind of streams of return related to the park. Mr. Garcia: Yes, Mr. Mayor, I understand what you are saying and we will pursue the Bayside revenues approach. Mayor Suarez: Now, maybe we ought to once again talk to... I got a very nice letter today once again, from the Rouse Company people. Maybe we ought to again talk to them about the possibility of a guarantee of those rental payments now that the project is successful. Mrs. Kennedy: Carlos... Mr. Garcia: OK, we will follow that approach. Mrs. Kennedy: Carlos, what happened with Rouse when you tried to negotiate the rental revenue fees from Bayside? Mr. Garcia: I did not talk to them personally, John Gilchrist did. I am not sure exactly what went on, but he had some difficulties getting that guarantee from the company. Mayor Suarez: OK, you think though, even without the guarantee, that maybe we can... Mr. Garcia: No with the guarantee, we will probably, then the revenues.... Mayor Suarez: But, without the guarantee, that we might still be able to sell them in the market? Mr. Garcia: Again, we will have to talk to the bank and see if they are agreeable to that revenue source, if not, we will pursue the guarantee. If that is not viable, then we will come back to you and let you know. Mayor Suarez: Because the letter indicates 800,000 people in the first five days. Mr. Garcia: Right. Mayor Suarez: We know figures in the first ten and twelve days to be 1.3 million people. I mean, the project is now that much more obviously successful and proven, and maybe we can, on the strength of that, without having to have a City collateral guarantee, go ahead and issue bonds. We are not talking about a large amount. As Commissioner Plummer is saying, that rental income could actually maybe eventually fund much larger projects. Mr. Garcia: We are talking at the time only about the minimum. Evidentially It could be much higher than that. Mayor Suarez: OK, now today you need for us to approve participating in a loan pool. Mr. Garcia: Right, to approve the concept so we can talk to the bank and get all the documents ready and we will come back to you for final decision. Mayor Suarez: Do we give up any supervisory powers by participating in the loan pool? Mr. Garcia: No, sir, in what sense, we are not giving up anything. It is a a bond pool that is already created. They already have the money, they sold �{ $300,000,000 in bonds at a very good rate, before the tax law changed, so we even make some arbitrage on that money for three years, we have all kinds of benefits, very low cost of issuance, even Dade County. 60 April 30, 1907 tik- Mayor Suarez: This is only to apply to the bond for Bayfront Park? Mr. Garcia: That is what they are working on at this time. Mrs. Kennedy: Move it. Mayor Suarez: I have no problem with the loan pool. Mrs. Kennedy: Move it. Mayor Suarez: Moved. Do we have a second on participating in a loan pool? Mr. Carollo: Second. Mayor Suarez: Seconded, any discussion? Mr. Plummer: Yes, what is the proposed projected interest rate? Mr. Garcia: At this time, right now we have a variable rate that changes on a weekly basis. At this time, the rate is about 5.5 percent. If we were to sell bonds, our rate would be about eight percent on a fixed rate basis. Mr. Plummer: What happened to the proposal I gave you from the Florida League of Cities on the commercial paper? That was paying like three, three and one/half percent. Mr. Garcia: Yes, well again, that is variable rate like this, Commissioner, so it fluctuates too. This rate is better than the Florida League, because all the cities in this pool have a much higher credit. They are "A" or better. In the Florida League of Cities, they are "A" plus, or "B", "B" plus, they have lower credit ratings. Mr. Plummer: But, they were getting three and one/half, four percent. Mr. Garcia: But, that was some time ago, Commissioner. The other problem is, on the Florida League of Cities, we have only eight more years to repay the bonds. On this pool we have 30 years to repay the bonds. Mrs. Kennedy: Thirty years, and we have cities like Orlando and Tallahassee. Mr. Plummer: Well, wait a minute, but do we want thirty years? Mr. Garcia: Yes, sir, we don't want to escalate our debt service. Mr. Plummer: Well, OK, let me ask you - based on let's say, eight and one/half percent, we are getting $16,000,000 worth of bonds. Mr. Garcia: No, sir. Bonds will be only $8,000,000, $8,700,000 in bonds. Mr. Plummer: But the issue is $16,0000000? Mr. Garcia: No, the total package that we talked about back then was $16,0001000. That included $5,900,000 from Dade County bridge, another $1,000,000 we have from Dade County, and another $1,000,000 in interest. Mr. Plummer: Carlos, on the $8,000,000, what is going to be the debt service over thirty years? Mr. Garcia: I couldn't tell you right now. Annually it is going to be about at the sign up, of six percent, so we are talking about $500,000 annually, in debt service. You multiply that.... Mr. Plummers Over 30 years, what you are saying is, we are going to pay $15,000,000 to get $8,000,000. Mr. Garcia: Right. Mayor Suarez: Right. Mr. Plummer: Ridiculous! 61 April 30, 198' t' LL c Mr. Garcia: It is like any other... Mayor Suarez: Well, a mortgage usually pays three or four times the principal amount. Mr. Plummer: Yes, but what would be difference as opposed to an eight year pay out. Would we be smarter to consider that? Mr. Garcia: The problem, Commissioner, again, is that we have limited resources, limited revenues to pay off the debt service. That would double up our debt service for those eight years, it would be twice as high. Second is, again the interest rates on the Florida League of Cities are not as advantageous as this -one is, because again, they have not only "A" rated municipalities, but they have also lower rated municipalities, OK? Mr. Plummer: I well understand that, but... Mr. Garcia: So, you know, I can guarantee you that... Mayor Suarez: If you can get us six percent, I bet you I can convince the Commission that we ought to go ahead and go for 20 years, or even 30 years, but can you really get us six percent on this loan pool? Mr. Garcia: At this time, it is approximately 5.5, yes. It is going to vary, because it is a Florida rate. Mayor Suarez: Well, and we don't give up any authority to approve, disapprove, use our own underwriters, or whatever? Mr. Garcia: We don't have to. The money is already in the bank. All we have to do is sign the document here by the City Commission and we will have access to the monies instantly. Mr. Plummer: All right, you have got to bring that back here for approval, right? Mr. Garcia: Yes, sir, we will. Mr. Plummer: I think you already have it moved and seconded. Mayor Suarez: Right, call the roll on that item. The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 87-389 A MOTION ACCEPTING THE ADMINISTRATION'S RECOMMENDATION AND APPROVING THE CONCEPT OF PARTICIPATING IN A "LOAN POOL PROGRAM" AS THE MOST ECONOMIC MEANS OF FINANCING BAYFRONT PARK REDEVELOPMENT PROJECTS AND CITYWIDE PARKS IMPROVEMENT PROGRAM. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo `RI i 62 April 30,, 1907 3 --------------------------------------------------------------------------- 25.A EMERGENCY ORDINANCES INCREASE APPROPRIATIONS FOR "NORTH RIVER DRIVE STREET IMPROVEMENTS" AND "N.W. 8TH STREET ROAD HIGHWAY IMPROVEMENT." B URGE FLORIDA LEGISLATURE TO EXEMPT ALL CITY PROJECTS FROM STATE SALES TAX ON SERVICES; URGE REPEAL OF SALES TAX ON MATERIALS USED ON CITY PROJECTS. Mr. Plummer: Cesar needed something passed before we went to lunch, if he would quit talking up there. Mayor Suarez: Mr. City Manager, you want us to pass something? Mr. Plummer: You need something approved before we go to lunch. Mayor Suarez: Is this the item here, by any chance?... this big, thick, proposed emergency ordinance, amending capital improvement appropriations ordinance? Mr. Plummer: I don't have... Mr. Odic: ... explain why the new sales tax law... Mayor Suarez: Last minute curve you are throwing at us? Mr. Plummer: I don't have a copy. Mr. Odic: We want to have a contract with these providers of public works before May 1st, which is tomorrow, so that we can save five percent on the jobs. Mr. Plummer: Oh, you mean the new sales tax? Mr. Odic: Yes, sir, and we were told last night, late, that we had to get this contract executed by before the end of... Mr. Plummer: So moved. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion, read the ordinance... not the whole package, please. Mr. Plummer: I want to tell you... Mr. Odic: There are several jobs in here, several! Mr. Plummer: ... Mr. Manager, it has been and continues to be, my priority in the State to remove sales tax from construction materials of projects built by this City. If I find out that our lobbyists did not at least go and fight for that to be an exemption... Mr. Dawkins: He is fired) Mr. Plummer:... I want to tell you, we are going to have some words. Mr. Odic: Well, Commissioner, please, Commissioner Kennedy and I just got i back from Tallahassee and we had a very productive and I cannot say it in public, what experience we had up there, but, it is not as easy as you think { it is going to be this year. Mr. Plummer: All I am saying is, if he didn't go to the wire and fight. Mr. Dawkins: He didn't say he had to win, he said he had to fight. i Mr. Plummer: OK? He had better make a damn strong argument on behalf of this City, because, to me, for this City to have to pay sales tax on construction materials for City projects is ludicrous. } Mr. Odio: As you know, it was fought hard, and only very few people... 63 April 3,0, 1987 Mr. Plummers OK, I am going to check the record and see who appeared to ask for amendments. Mr. Odic: Yes, sir. Mayor Suarez: How about a resolution from the Commission? Mr. Plummer: Well, Mr. Mayor, it has been my priority for the past five years. It was my priority this year. Let me give you an example. The Knight Center alone, we, the City of Miami, paid under the old sales tax of three percent, we paid $400,000 worth of sales tax. Now, to me, that is crazy! Mayor Suarez: Because my idea was that they would exempt all affordable housing and if they are not going to do that, regardless of who is the developer, including a municipality, at the very least, let's get a resolution from this Commission that we could use up there to convince them that they ought to carve out an exception for when a municipality is the actual developer, or the... Mr. Odic: The law was already passed, as you know, it would have... Mayor Suarez: Oh, I am sure they are going to put a lot of exceptions in it between now and the end of the legislative session. We can try, I mean, you know. Mr. Odic: We let's try, I... Mayor Suarez: A resolution would be helpful, if the Commission wants to pass it, calling for an exemption of our projects. Is that the Commission's pleasure? Do you want to pass the resolution? Mr. Plummer: I don't know if it is too late. I mean, haven't they already locked into stone what the sales tax is? Mayor Suarez: You said you wanted the lobbyist to go out there and... Mr. Plummer: No, sir. I said if I find out he did not! Mayor Suarez: Oh. Mr. Plummer: OK? Mayor Suarez: Well, arm him with a resolution if you want. If not, we... Mr. Plummer: Fine. I pass a resolution strongly urging... Ms. Hirai: Mr. Mayor, we have not read the ordinance. Mr. Plummer: No, no, this is separate. Ms. Hirai: I know, but it had been moved and seconded. Mr. Plummer: What I am speaking to is, yes, but no. It is indirectly. Mayor Suarez: We have a proposed emergency ordinance we haven't read it yet? Ms. Hirai: No, we haven't. 64 April 30, 1987 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10187, ADOPTED DECEMBER 11, 1986, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATIONS FOR TWO EXISTING PROJECTS ENTITLED "NORTH RIVER DRIVE STREET IMPROVEMENTS" AND "N.V. 8TH STREET ROAD HIGHWAY IMPROVEMENT" IN THE AMOUNTS OF $30,000 AND $150,000 RESPECTIVELY; BY REDUCING THE APPROPRIATIONS FOR THREE PROJECTS ENTITLED "EAST LITTLE HAVANA STREET IMPROVEMENTS - PHASE I", ALLAPATTAH INDUSTRIAL AREA STREET IMPROVEMENTS - PHASE II" AND "AAYCREST STREET IMPROVEMENTS - PHASE II" IN THE AMOUNTS OF $105,000, $230,000 AND $1,470,000 RESPECTIVELY; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, 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 Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10264. 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: Do you want to... Mr. Plummer: I will pass a resolution, or I will pass a motion urging the State Legislature to consider all municipalities in the building of either City projects or housing to exempt construction materials from sales tax. I so move. Mrs. Kennedy: Second. Mr. Dawkins: Second. Mayor Suarez: Materials and contracts, too, I presumel Mr. Plummer: All right, sir, yes, sir. Mayor Suarez: Call the roll. r�. e following resolution was introduced by Commissioner Plummer, who s adoption: RESOLUTION NO. 87-390 A RESOLUTION STRONGLY URGING THE FLORIDA LEGISLATURE TO EXEMPT ALL CITY PROJECTS AND ESPECIALLY THOSE HOUSING CONSTRUCTION PROJECTS FUNDED UNDER AND PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT OF 1969 FROM THE STATE SALES TAX ON SERVICES IMPOSED BY NEWLY ENACTED STATE SALES TAX LEGISLATION; FURTHER URGING REPEAL OF THE PREVIOUSLY EXISTING STATE LAW WHICH IMPOSES A SALES TAX ON MATERIALS USED IN ALL SUCH CITY PROJECTS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO DESIGNATED OFFICIALS. (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 Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: No guarantee it will happen, but we will try. Mr. Plummer: Well, you know, Mr. Mayor, let me tell you something, in reference to the sales tax, I think the greatest crime committed in the passing of this sales tax, was to pass that issue through the State, without having the designation of where those monies were going. Nobody knows, there was never a program or a plan of where those monies were going. Mrs. Kennedy: That's right. Mr. Plummer: And I've got to tell you, to me, that is a sinl INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 26.A ACCEPT BID: OF MARKS BROTHERS, COMPANY FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-4501; . B ACCEPT BID; OF SOLO CONSTRUCTION CORP. FOR SHENANDOAH STORM SEWER PROJECT; C ACCEPT COMPLETED WORK: OF EBSARY FOUNDATION COMPANY FOR DINNER KEY MARINA - PILE REPLACEMENT; D ACCEPT BID: OF ALFRED LLOYD & SONS, INC. FOR S.W. 12 STREET SANITARY SEWER REPLACEMENT PROJECT; E ACCEPT BID: OF MADSEN/BARB CORPORATION FOR N.W. 8 STREET ROAD HIGHWAY — IMPROVEMENT; F ACCEPT COMPLETED WORK: OF M. VILA & ASSOCIATES FOR FIRE DEPARTMENT - STORAGE MEZZANINE Mr. Odio: Mr. Mayor, we need to award the bids so we can proceed with the execution of the agreements. Mr. Plummer: What? Mr. Odio: On those bids. Each one of them is a different bid. Mayor Suarez: Well, you really take advantage of those of us who are hanging In here at 12:06. What are these bids? Mr. Odio: Come on, put them on the record. Mayor Suarez: Awarding contract, North River Drive, Highway Improvement, third bidding. Mr. Juan Portuondo: Mr. Mayor, it is a resolution awarding a contract for North River Drive Highway Improvement. Mr. Plummer: Has that been through the regular process? Mr. Portuondo: Yes. Mayor Suarez: The one with the low bidder? Mr. Portuondos Yes. This was scheduled to be awarded on the 14th. We are just accelerating it to take advantage of the... Mr. Plummer: So moved. Well, wait a minute, wait a minute. That is not going into effect until July 1. Mr. Portuondo: Yes. Mr. Odio: We find that we have to have an executed contract before May 1st. Mr. Plummer: Well, OK, I will still move it. Mayor Suarez: Well, you mean because of the tax? Oh, this also is to get under the deadline? All right. Mr. Portuondo: The ordinance she just passed provided the funding to cover the award of these bids. Now, we need to award the bids so we can execute the contracts. Mayor Suarez: OK, how many bids altogether? It is quite a few, I see. Mr. Portuondo: There is approximately eight or nine. Mayor Suarez: We can take these all in one vote? Mrs. Dougherty: If you clearly identify them. Mayor Suarez: Why don't you identify them for us so we know for sure that we approved them before the deadline? Mr. Portuondo: OK, the first bid is the resolution awarding contract, North River Drive Highway Improvement, B-4501. The amount of bid is $1,732,193.75. Source of funding is a CIP project, North River Drive Street Improvement. The second one is a resolution awarding contract for the Shenandoah Storm Sewer Project B-5507, amount of bid is $507,580.00. The third project is at Dinner Key Marina, pile replacement, CIP project number 414005, resolution for final payment. Mr. Plummer: While you are on that one, I want to remind you, Mr. Manager, we have yet to see the proposed project for Dinner Key Marina. Mr. Portuondo: That is being presented on the 14th. Mr. Plummer: Well, we are already approving things on the piece meal basis, but we have yet to see the master plan. Mr. Odio: You will have it on May 4th incomplete. Mr. Portuondo: The fourth project In a resolution awarding contract on S.W. 12th Street, sanitary sever replacement project. The amount of bid is $36,399.00. Fifth project is a resolution awarding contract for N.W. 8th Street, road highway improvement, the amount of bid is 4637,004.00. fi Mr. Plummer: This is the lowest bidder? Mr. Portuondo: This is all to the lowest bidder. The next bid is Fire Rescue and Inspection Services storage mezzanine, resolution for increasing contract and final acceptance, final payment of $1,231.25. Total cost for the project is $11,069.00. Those are all the projects, sir. 67 April 30, 1987 ;1 Mayor Suarez: Call the roll. Wait. Mr. Plummer: Wait, whoa. On the record, Mr. Portuondo... Mr. Portuondo: Yes, sir. Mr. Plummer: All of these projects have gone through the normal procedure and had public hearings and have been approved by the Commission in the past? ... and they are all to the lowest bidder? All of these projects that we are voting for in a bulk have been through the regular process, have had public hearings, have been approved by this Commission and are the lowest bidders? Mr. Portuondo: They have gone through the normal process, they were going to be awarded on the 14th and we are just accelerating the awards to take advantage of the five percent. Mr. Plummer: Has the public had the right to speak on each one of these issues? Mr. Portuondo: I believe so. — Mr. Plummer: No, I can't buy "believe so." I don't want a group of citizens coming up here screaming at us, saying, "By God, we didn't know about itl" One is a highway improvement. Mayor Suarez: These are all.. these all went through the whole process. Mr. Portuondo: Yes, sir. Mayor Suarez: And the award of the bids is the final... the tail end of that process. As far as you know, they are all the lowest bids? Mr. Portuondo: They are all the lowest responsive bidders. Mayor Suarez: Otherwise, you would know, because you would have to tell us that it is not the lowest bid, that we are rejecting the lowest bid for whatever reason. Mr. Portuondo: As far as I know, they are all the lowest bids. Mayor Suarez: And they haven't snuck in any projects that we have not approved? Mr. Plummer: Wait a minute! I can't buy, "As far as I know." Mayor Suarez: Yes, we need on the record that they... Mr. Plummer: Now, it is either yes, or nol Mr. Dawkinss All right, cancel... delay this, I mean do something, until we come back from lunch, until you find out. Mayor Suarez: You want to take it up after lunch? Mr. Dawkins: Until he can find out, that he knows. Mr. Portuondo: They are all the lowest responsible and responsive bidders. Mayor Suarez: According to the law. Mrs. Kennedy: What in the world is this? Mr. Plummer:, Coconut Grove for Progress. Mrs. Kennedy: For Progress. Mr. Plummer: Coconut Grove for Progress. Mayor Suarez: Call the roll. Mrs. Kennedy: You are going to look so cute in it. 68 April 30, 1987 1 y{ _ peiJ lrl iii���{ilfj a Ms. Hirai: Are we going to leave it for this afternoon? Mayor Suarez: No, no, we are going to go ahead and vote. They are all the lowest bids. He checked them out. Mr. Dawkins: Wait a minute now. You are voting on what he recommended? Mayor Suarez: Yes. Mr. Dawkins: OK, I am voting no, I just want you to know. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, I've got to tell you, I am going to vote no also until the man can stand there and tell me, yes or no! Mr. Portuondo: Sir, they are all the lowest responsible and responsive bidders. Mr. Plummer: And all of them have had the opportunity of going through the regular procedure of the public being able to speak? Mr. Portuondo: These have all gone through the regular procedures, sir. Mr. Plummer: Of the public being able to speak? Mr. Portuondo: Yes, sir. Mr. Plummer: This Commission has approved in the past all of these contracts? Mr. Portuondo: You are awarding the contract now, sir. Mr. Plummer: Well, excuse me. Mayor Suarez: No, but I mean, we approved... Mr. Plummer: We approved them. Mr. Portuondo: You approved the ordinance, the... Mayor Suarez: The bidding... Mr. Portuondo: The bidding, right. Mayor Suarez: Right, we opened up the bids in public after they were sealed, yes. Mr. Plummer: You just convinced me to vote yes. Mr. Portuondo: The only thing we are doing differently, instead of waiting until the 14th, we are doing it today. Mayor Suarez: We know that) Call the roll. THE FOLLOWING RESOLUTIONS WERE INTRODUCED BY COMMISSIONER PLUMMER, SECONDED BY COMMISSIONER KENNEDY AND PASSED AND ADOPTED BY THE FOLLOWING VOTE: s AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 69 r`, RESOLUTION NO. 87-391.1 A RESOLUTION ACCEPTING THE BID OF MARKS BROTHERS COMPANY IN THE PROPOSED AMOUNT OF $1,732,193.75, ALTERNATE TOTAL BID OF THE PROPOSAL, FOR NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-4501 (THIRD BIDDING); WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 341103 IN THE AMOUNT OF $1,732,193.75 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING WITH OBJECTIONS TO THE XCCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY MARKS BROTHERS COMPANY OF NORTH RIVER DRIVE HIGHWAY IMPROVEMENT (THIRD BIDDING) UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 87-391.2 A RESOLUTION ACCEPTING THE BID OF SOLO CONSTRUCTION CORP. IN THE PROPOSED AMOUNT OF $607,680.00, TOTAL BASE BID OF THE PROPOSAL, FOR SHENANDOAH STORM SEWER PROJECT; WITH MONIES THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, AS AMENDED, PROJECT NO. 352176 IN THE AMOUNT OF $507,580.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 87-391.3 A RESOLUTION ACCEPTING THE COMPLETED WORK OF EBSARY FOUNDATION COMPANY AT A TOTAL COST OF $85,251.00 FOR DINNER KEY MARINA - PILE REPLACEMENT C.I.P. PROJECT NO. 414005 AND AUTHORIZING A FINAL PAYMENT OF $8,525.10. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 87-391.4 A RESOLUTION ACCEPTING THE BID OF ALFRED LLOYD & SONS, INC. IN THE PROPOSED AMOUNT OF $36,399.00, TOTAL BASE BID OF THE PROPOSAL, FOR S.W. 12 STREET SANITARY SEWER REPLACEMENT; WITH MONIES THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 351275 IN THE AMOUNT OF $36,399.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 70 April 30, 1987 RESOLUTION NO. 87-391.5 A RESOLUTION ACCEPTING THE BID OF MADSEN/BARR CORPORATION IN THE PROPOSED AMOUNT OF $637,004.00, TOTAL BID OF THE PROPOSAL, FOR N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT; WITH MONIES THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENTS ORDINANCE NO. 10187, PROJECT NO. 341111 IN THE AMOUNT OF $637,004.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM; AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY•COMMISSION OF THE COMPLETED CONSTRUCTION BY MADSEN/BARR CORPORATION OF N.W. 8 STREET ROAD HIGHWAY IMPROVEMENT UPON SATISFACTORY COMPLETION OF SAID CONSTRUCTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 87-391.6 A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA & ASSOCIATES, INC. AT A TOTAL COST OF $11,069.00 FOR FIRE, RESCUE AND INSPECTION SERVICES - STORAGE MEZZANINE; AUTHORIZING AN INCREASE IN NOVEMBER 6, 1985 CONTRACT WITH M. VILA & ASSOCIATES, INC. FOR SAID WORK IN THE NET AMOUNT OF $979.00 AND AUTHORIZING A FINAL PAYMENT OF $1,231.25. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Mr. Plummer: Mayor Suarez, it might interest you to know and for the record, I am informed that in construction materials and contract on the arena, is $500,000 in sales tax! ! THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:14 P.M. AND RECONVENED AT 3:02 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONERS CAROLLO AND KENNEDY. 27. DISCUSSION RE FORGERY OF SENATOR CARRIE MEEK'S LETTER CONCERNING HOUSEBOATS ISSUE (PRESENTED INTO THE PUBLIC RECORD AT A PREVIOUS MEETING); ORDER INVESTIGATION BY STATE ATTORNEY. Mr. Plummer: Mr. Mayor, before we get started, I don't know that this is a criminal offense, but it is something that I think that deserves attention. You might recall, because it was you who questioned, when the people from the houseboat came before this Commission, they presented a letter signed by State Senator Carrie Meek. You recall?... and you asked about it. We are all in receipt of a letter from Senator Meek and I will just quote from the letter. "The signature affixed to this letter is not mine and is therefore a forged instrument. It is obvious that the person sending this letter didn't realize my name is Meek, M-a-e-k, and not Meeks, M-e- 'e-k-s. Moreover, I am unfamiliar with the issue involving the banning of houseboats. By copy of this letter, I am requesting that you please remove this forged instrument and gross misrepresentation from the City records. In summary, therefore, it is not a hint of authenticity in the signature." Madam City Clerk, I would ask that the record be made very clear as requested by Senator Meek, and that a copy of this letter be forwarded to the State Attorney. Somebody has presented before this Commission, obviously a forged document, misrepresenting far from the truth. Regardless of the issue of how 71 April 30, 1907 we voted, or we did not, anyone standing before this Commission, making falsehoods with forgery, I think is grounds for the State Attorney to look into; hopefully, if nothing more, it will stop it from happening again in the future. So, I would say, Mr. Mayor, that we instruct the City Clerk to expunge the record relating to Senator Carry Meek. Ms. Hirai: We have, Commissioner. Mr. Plummer: Thank you. Mayor Suarez: So ordered, and also to include, obviously, as part of the record, as a correction, the letter from the Senator. Ms. Hirai: Yes, sir. 28. DISCUSSION RE PORT BRIDGE AGREEMENT WITH DADE COUNTY - PORT BOULEVARD (See label 829-B) Mrs. Dougherty: Mr. Mayor. Mayor Suarez: Yes. Mrs. Dougherty: Also, we are coming closer now to finalizing the closure of the easement agreement, now to be a fee simple agreement with the County and the Port bridge. What I want to tell you is that right now we have an agreement signed by former City Manager Howard Gary that says that we are going to convey an easement for Port Boulevard purposes and Cesar Odio has agreed to do so for 5.9 million dollars. Right now however, the State has told us that they will not accept an easement, but needs a fee simple title to the property. We want to get your guidance and acceptance for that change or modification. Mayor Suarez: Does it have a clause that reverts back to the City if they ever... Mrs. Dougherty: We would insert that. We would ensure that the.... Mayor Suarez: OK, it is almost the same thing. Mr. Plummer: Well, no, Mr. Mayor, excuse me. I have got one other problem. As I brought to this Commission's attention in which we went on record with the State Road Department, they have a way of doing things over night and over a weekend without our approval. As you will recall, the last of the drawings which I brought for this Commission's approval, showed part of their boulevard running right through the Grand Prix track, which this City paid some $600,000 to construct. I am not ready to approve and I would ask my fellow Commissioners not to approve until we have seen for a fact, in front of us, exactly a map and a drawing showing where there easements are going to go. I can envision what happened to us before was going to cost this City another half a million dollars, so I would ask this Commission not vote on anything until that which is going to be submitted to the State is submitted to this Commission which we can see with our own eyes. Mr. Dawkins: OK, well, my concern is the same as I voiced before, and if the City Attorney is telling me that if we do not change this, that we are voiding the agreement, I am for it 100 percent. I have said then, and I may now, I see no reason why we should sell the County the right to our road, when we could lease it to them and get paid annually a percentage of the gross tonnage and passenger revenue that goes through that port. Mr. Plummer: That is an interesting concept. Mrs. Kennedy: Again, the restrictions should be that it can only be used for highway use. Mr. Dawkins: We've given them the port. All the revenue that comes into the port, no citizen from the City of Miami gets a penny of it. They have got the airport, it is self-supporting, we don't get anything out of that and now the ' 72 April 30, 198 tonnage that comes into the port and all of the passengers have to go by there, and the City of Miami should reap some benefit. Mayor Suarez: How would the reverter clause read in connection with the issue of them using that property for anything other than a bridge or a thorough fare? Mr. Odio: What the Commissioner is saying, if I understand that, it can only be used for a bridge, period. Mrs. Kennedy: And I was going to... Mayor Suarez: Right. ,Was that going to be the wording in the reverter? Mrs. Dougherty: Yes. Mayor Suarez: So it is fee simple subject to conditions, not that different from an easement, right. Mr. Odio: No, but the State says that..... Mr. Plummer: Mr. Mayor. Mrs. Kennedy: I just want to clarify... excuse me, Commissioner, for the record, that would not intrude with the park? Mr. Odio: No. Mrs. Kennedy: OK. Mr. Plummer: Well, let me refer back, because prior to yours, and Commissioner Kennedy being on this Commission, I think Commissioner Dawkins was a member of this Commission... that causeway, let's understand and be on the record very clear, is only at best a temporary situation. They have an obligation to pursue the tunnel concept and I would hope... Mayor Suarez: How about that, yes, how about that... Mr. Plummer: OK, I would hope, Mr. Manager, that that reverter clause speaks to diligent pursual of continuing to have that tunnel as one of the reverters, that if they do not do it, that has to be in it. Mr. Odio: Yes, OK, we got it in, OK. We'll have it in. Mr. Plummer: Now, you see, the problem is, from the time that we, the Commission did the negotiations this thing has changed three or four different times. Tell me, Don, is this thing now proposed to come back in at the wharf area at ground level? Mr. Don Cather: Yes. Mr. Odio: That is where it comes out. Mr. Cather: It will be at ground level at the first opportunity they can touch down after going over the edge of the bulkhead, the east edge of the bulkhead. Mr. Plummer: Well, but how far is that? Mr. Cather: Well, I would have to look at the drawing and get the exact dimensions. Mr. Plummer: Well, you see... no, no, because Don, you know, you work for me, and you are to protect me. If we are to tie Bicentennial to Sayfront Park, Sayside, and make it one continuous, which I think every member of this Commission has expressed, one of the plans which I saw brought the road back In at water edge. If that is the case, you will never tie the two parks together. There is no way. { Mr. Cather: You will never tie the two.parks together at the bulkhead so long as you have the railroad bridge in existence, which requires action on the 73 April 30' 1967 part of the U. S. government to allow the F.B.C. railroad to abandon serving the Port. Mr. Plummer: Don, there was a proposal... Mr. Cather: That has been discussed around and around and around, you know. Mr. Plummer: There was a proposal which I think this Commission agreed upon, that brought that road in a ground level about 300 feet from water's edge, which gave us then, where we could even drive a car underneath of it, connecting the two cars. Now, I have not seen anything updating since then. I've heard a lot of conversation, but if in fact, what you are telling me now, that we are not going to be by pedestrian or by vehicular, able to tie the two parks, I think we have got a problem. No, they got a problem. Mr. Cather: Well... Mr. Dawkins: Let me bring the students who are in here... Mr. Plummer: Miller, you were here at that time, I believe, when we went down and negotiated all day. Mr. Cather: I'd have to look at the exact plan. We have the entire bridge plans. Mr. Dawkins: For the students there, this is a case of where the Port of Miami is handling so much tonnage that they need more road space to go back and forth. Now, the only way they can get that, is for... since it is City property, they have to get the right of the City in order to build a wider bridge to bring more tonnage is and over. So, what we are saying now is, they just can't do it the way they want, and make the citizens of Miami suffer. They are going to have to do it so that the City of Miami residents will be enhanced and not hurt. So, that is what you hear us arguing about, not arguing, but discussing up here now, OK? And if any of you got a question about it, stand up to the mike so that we can explain things, OK? Mr. Plummer: Don, do we have the latest set of drawings? Mr. Cather: Yes, I do. Mr. Plummer: Well, can we see them, since we are voting? Mr. Cather: I wanted to say one further thing. Mr. Plummer: Please do. Mr. Cather: The matter of the conflict between the Grand Prix track and the property being conveyed by either fee simple or easement to the County, there was about a 12 foot overlap. We have in an agreement in a letter signed by Carman Lunetta saying that he will relocate at his total expense that 12 foot difference and move the Grand Prix off that particular part of the property. Mr. Plummer: That's only one problem, OK? That is one of the problems. You then also are cutting the track down from a 1.9 track to a 1.7. Anything below a 1.7 puts the Grand Prix out of business. I don't know how many other changes have been made and that is my area of concern, that this matter has been... Mr. Cather: OK, I was concerned also. Mr. Plummer: OK. Mr. Cather: And I had the letter in agreement, which we signed, and the Port furnished us, furnished to Mr. Sanchez of the Grand Prix, and he has agreed to all of the changes that the Port is going to make. Mr. Plummer: Mr. Sanchez is a private promoter. I represent the City, as well as my colleagues. I, and my colleagues had to come up with almost $600,000. Barring Mr. Sanchez, and barring Mr. Lunetta, to make that track operational last year, I'm protecting the City, I want to see that plan. I, want to make sure that we, the City, are not going to be handed a bill again for "X" number of dollars to make that track operational. That is what I am 74 April 309 1967 ` �4rx ' f yyrF trying to protect. The other point, which is point two, is the avoLlability of tying that whole thing, as you know, this Commission, from Dupont Plaza to the Omni. OK, we are concerned that if you do not have an underpass of at least pedestrians, and I assume you are concerned about that, that you know, that we are really in fact, cutting down the two in half, and I am concerned about that. Mr. Cather: Well, as you know, during when Mayor Ferre was Mayor, he appointed a committee of citizens, the City representatives and other people from the Port to go over and review all of the plans. One of them was to carry the Port bridge approach at, say 18, 20 feet above ground until it got to Biscayne Boulevard, providing pedestrian access underneath for the entire length. Mr. Plummer: Yes. Mr. Cather: That, the Mayor said, "No, we are not going to do that, we work with Bayside on that." and the agreement was no, we will bring it down to ground as soon as we can after crossing the bay. Now... (NOTE FOR THE RECORD: COMMISSIONER KENNEDY ENTERED THE MEETING AT 3:15 P.M.) Mr. Plummer: Still leaving the pedestrian right of way. Mr. Cather: But the pedestrian right of way is complicated by the fact that the railroad bridge lies between where the pedestrians would leave the bay walk and where they would go to continue the bay walk, even if... Mr. Plummer: Well, all I am saying to you, before you ask me to vote on this, I would like to see a set of the plans, definitely. Mr. Cather: Can you look at them this afternoon? Mr. Plummer: I am not sure of that. Mr. Cather: Well, we'll make an appointment to see you tomorrow. Mr. Dawkins: Well, how in the hell are you going to show them to him, when the rest of us want to see them? Mr. Cather: Well, Commissioner, I will show them to anybody who wants to look at them. Mr. Dawkins: OK, thank you. Mayor Suarez: OK, we obviously are not going to take action on it right now, no, if you are able to convince... Mrs. Kennedy: Let's table it until we see the plans, Don. Mayor Suarez: Right. Mr. Dawkins: I move that this be deferred until I see the plans, and anybody else up here who wants to see them. Mr. Plummer: Second the motion. Mayor Suarez: We could take a vote on that, but it In not needed. It In not even on the agenda, so we will just simply... 75 April 300 1987 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 29.A DISCUSSION RE SURPLUS VEHICLES BEING STRIPPED BEFORE THEY ARE DONATED TO CITY OF SWEETWATER: B CONTINUED DISCUSSION RE PORT BRIDGE (See label #28) C COMMENTS ON CLAY COURT AT MOORE PARK. --------------------------------------------------------------------- Mr. Plummer: Mr. Mayor, approximately two months ago we gave to the City of Sweetwater, our real sister city, four police cars. I would hope, Mr. Manager, they are informing me that they are completely stripping those cars before they give them•to them. I would hope and if it is necessary, I would pass a motion of this Commission that we give them four police cars that are police cars. Mrs. Kennedy: I can't believe that. Mr. Odio: Believe me, the ones that we had left, don't need any stripping. Mr. Plummer: Mr. Manager, don't be penny foolish, please. Mr. Dawkins: Mr. Manager, please, please. Mayor Suarez: Doesn't sound too Kosher. Mr. Plummer: Do you want me to pass a motion? Would you give them please, four police cars? Mr. Dawkins: And another thing... Mayor Suarez: With tires, doors... Mr. Dawkins: A radio. Mayor Suarez: Radios. Mr. Plummer: I mean, with the tires and the steering wheel and the emergency lights. Mr. Dawkins: And without the gasoline. Mayor Suarez: About a quarter tank of gas so they can get to Sweetwater. Mr. Plummer:... lights, I mean, for God's sake, when I got to get a call from Sweetwater! Agua Dulce is not happy. Mrs. Kennedy: Imaginal What do you do for your enemies? Mr. Odio: Agua Dulce. Can I ask something, sir? Why can't, if you approve the change of easement... Mr. Dawkins: No, I am not going to approve that until I see it. You can't convince me. Mr. Odio: No, we are not going to do anything except start preparing the agreements. We won't close on the property until you see all the drawings. It is just that we gained that time because we need the 5.9 million dollars. Mr. Plummer: Ah, we got so much money, what is $6,000,0007 Mr. Odio: Well, the park, the park, Bayfront Park. Mr. Dawkins: Well, you have been finding a lot of phantom million dollars, you know, I don't have no problem. Every time I look, you found a million dollarsl Mr. Odio: You told me not to touch a penny from the City, it has to come from there to that park. Mr. Plummer: One of these days... -4 April 30, 1907 _ 76 i Mayor Suarez: Let's hope that all of these concerns can be resolved and we can take a vote on it and then we will cross the other bridge. Mr. Dawkins: Let him go get the parks drawings, and bring them back before we leave, that is all. Mayor Suarez: You have one vote on it already, because I will vote for it. Mr. Dawkins: Do me another favor... Mayor Suarez: You may have two others. Mr. Dawkins: Will you find out from somebody what is holding up my clay court at Moore Park and get that to me before this Afternoon, and the date that they are going to complete it? I ride by there evory day, I see all the materials sitting out there. They have been sitaag there for about two weeks, and nobody is working on the park there. Mr. Odio: I will find out, Commissioner. Mr. Dawkins: Let me know before 6:00 o'clock. Mr. Odio: Yes, sir. Mr. Dawkins: The date they are going to complete it, please. Mr. Odio: Yes sir. Mayor Suarez: Before we get to the Planning & Zoning agenda, I really was assuming that all the people that were here were here on item 37 now, the large number of people that are here, and I gather that is the case, so staff informs me. We have recommendations from Community Development Advisory Board, and from the Community Development Department of the City of Miami, which I believe are in total agreement and those of you who are here on programs that are not being recommended, or you are not satisfied with the " recommendations, might want to make a statement initially, but those of you who are satisfied with the recommendations might want to hold any comments you want to make to see how it is going here in this Commission, because it is going to be very difficult, I think, for us to change the recommendations of the Community Development Advisory Board and of the Community Development Department, knowing what we had to go through last year when we didn't follow strictly the recommendations and it took about, I think it took about three or four Commission meetings, so maybe we ought to hear from the dissenters rather than from the... did you want to make a statement on behalf of the board, Maria Elena? Mr. Plummer: Mr. Manager, will you please have somebody call the Mayor of Sweetwater. Get him off my back, please. The man is saying that we torpedoed him. Mr. Odio: I call and make a long distance call. Mr. Dawkins: Well, the only problem, J.L., is you got all the radios in your car. We can't give them any radios. Mr. Plummer: That In not the point, and you are a loudmouth. Would you please call... (LAUGHTER) Mrs. Kennedy: in his pocket. Mayor Suarez: Maria Elena, wait a minute, please, let's get this resolved. 'f 5 ..a 77 Apri1.30, 1987. Y c': l jib .. •a." ..._ �'! .tea d�`�.!�^tv���. --- - --------------------- - -- - - -- - ------------- - 30. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS. CERTIFICATES OF APPRECIATION presented to the following: Earl, Chow, Christopher Corney, Arthur Jones, James Rambeau, William Pate, Willard Hart, Merci Arana, Jorge Hernandez, Lars Peterson, and George Gonzales for their participation in THE ELECTED OFFICIALS FOR A DAY PROGRAM. 31. PUBLIC HEARING AND DEFERRAL OF THE APPROVED GRANT PROGRAM FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mayor Suarez: Let's take up item 37. Ms. Elena Torano: Mr. Mayor, Commissioners, I think we have quite a different not of circumstances since we met last year and no special pride, but I think that the board and your staff has worked very closely and have really come together with open minds to recommend the funding of a set of programs that really will meet your criteria. We have been very fiscally responsible, not recommending any projects with one exception, from what the City Commission and the Administration had instructed you. What I want to talk, besides presenting our recommendations to you today, is the role of the Community Development Advisory Board. (NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 3:24 P.M.) Mrs. Kennedy: Maria Elena, before you start on that, was staff able to get your input? Ms. Torano: Very much so. Mrs. Kennedy: OK. Ms. Torano: There is just one item that we have different views on. I think that staff can react to that and that has to do with the Biscayne Boulevard, the Greater Biscayne Boulevard Chamber of Commerce, all right? But, if I may, I'd like to address the role of the board and see what we can do in the future as your Advisory board and as a body that really should serve as a liaison between you, the neighborhood and a City-wide agenda. Do you remember back in the 17019, and this was way back when we were all starting to get involved in City politics or City activities. There was great enthusiasm in the neighborhood about Community Development. It was when the first C.D.B.G. funds came from Washington and everybody was rah, rah, rah about community participation. I think that that process died down, perhaps because C.B.O.'s, various community based organizations, such as the Latin Chamber, and Tacolcy Belafonte, and so forth really got empowerment and had access to you. And then, the role of the Community Advisory Board kind of died down and it was, in my opinion, didn't have any weight, whatsoever. It was something that, we went through the routine, we went through just the procedures to have citizen participation, but there was no meat to it. In the last two years, since you appointed your board, I think that we have not only developed some true leadership and some very thorough commitments to a City-wide agenda, but there has been a unifying impact, in effect, among board members, where we are now supporting each other's programs. The first five years was dog and cat, everybody was fighting for their own agenda - Little Havana wanted so much and Overtown wanted so much. Now we. are voting for each other projects, and to me, and I think to you, that tells a lesson that there could be unity in this community and therefore, you know, many things can be accomplished if we work In concert. Another concern that I have, and I'don't know if anybody is listening... Mr. Mayor, you are just pacing the floor, sir? Mr. Plummer: Yes, he is not sure whether it is a boy or a girl. Ms. Torano: Again? Mayor Suarez: No, no more kids. 78 April 30, 1987 �1 ®R,) Mr. Plummer: Famous last words. Ms. Torano: One thing that we are going to be doing is meeting with... we met with the City Manager, and he was, I think, in favor of seeing a more consistent role for our board. Say it for the record, City Manager. And furthermore, we have planned meetings for this coming year with various department heads to learn what Parks and Recreation is doing, to learn what Zoning In doing, what Planning is doing, what OSPA is doing, what DDA is doing, and it is going to be an ongoing informative participatory role for the Commission and for the board, and I really would like to hear from you to see if you guys support this effort, or are we just beating around the bushes. (COMMENT IN SPANISH) Mr. Plummer: Well, are you asking me how I feel? Ms. Torano: Yes, air. Mr. Plummer: Would you like me to reiterate what I told you in our meeting? Ms. Torano: I think in public it would be very encouraging. Mr. Plummer: Well, I am the true believer of the Father Gibson theory, may God rest his soul, that either you are going to have a committee and they are going to make meaningful input, or get rid of the committee, one of the two. Now, you know, it is just that simple and that is the way I feel about it. You were appointed by this Commission to perform and to recommend. At all times this board will always reserve its right to vote as its independent thinking, but if you are not being made available and accessed to those things which you feel are part of the purview of what you were charged to do, then you make it known to this Commission, and then we will make damn sure that the doors are open to you, but that is what I told you in our cup of coffee, which I had to pay for. Ms. Torano: It was lunch. Mr. Plummer: And I will tell you again here, that there is no coffee so I don't have to pay for it. Ms. Torano: OK, thank you, Commissioner. Mrs. Kennedy: Was it at Bayside? Mr. Plummer: No. Mrs. Kennedy: Then it wasn't as good. Mr. Plummer: I couldn't afford it. Mrs. Kennedy: No, Maria Elena, but that is why I asked you if you had some Input as... Ms. Torano: I did. Mrs. Kennedy: OK, just wanted to make sure that you all are recognized as a group and you should have some input. Ms. Torano: We... I met the two of you and the Mayor. I mentioned it to — Commissioner Dawkins in passing at a public hearing at Miami Dade Community College, in which we testified expressing our concern and our disgust with Senator Chiles' recommendation, there was also a letter to the editor that was published, responding to the Miami Herald editorial on Senator Chiles' cuts. We feel very' good, but we don't want to be just spinning our wheels and I think that I have that kind of support from you guys and let's just make it official. Mayor Suarez: And gals. Ms. Torano: And gals. I think Rosario is a guy. Mayor Suarez: I think the proof is in the pudding. You and the department have agreed fully this year, I gather, there In not one discrepancy. That was 79 April 30, 1907 0 not the case last year, so you must be doing something right and all of us have given you plenty of opportunity as chairperson to have further input, to the extent that you have not had further input is because you haven't called us, and we are more than available to have breakfast, particularly if you pay, and you know, other wise to respect the recommendations of the board. Now, until we vote, and Vice -Mayor Plummer has indicated that we have to reserve _ that final discretion to agree or disagree, but until we vote, it looks to me like the momentum In on the side of the Advisory Board. As far as recognizing the work you do, I mean, I don't have to tell you, that last year it was so painful, I think we all remember those three or four Commission meetings. That again, is the best proof of all that we really think that the job you have done in consulting the people effectively, and I think the message is going to be sent back now that they have to go through the Advisory Board to get, and to come out of committee, let's say, with a positive recommendation, — assuming we follow your recommendations and I have a feeling that we may be about to do that. Me. Torano: Great. Mr. Mayor, by the way, following up on our conversations that we had, the Secretary of Transportation will be in Miami, not in May, in June, and she... this is off the record, we will get it in writing, has accepted to come to City Hall to a reception hosted by the Mayor and Commission and the Community Development Advisory Board, OK? Mr. Plummer: Is she going to ride Metrorail? Ms. Torano: Why not? We'll bring her by boat. Mr. Plummer: Let me ask, before you go away from the microphone, have you gone over, because most of the people here today are based on this Social Services program... have you gone over this program? Ms. Torano: Many times. Mr. Plummer: Are you in accord with this program as presented to us? Ms. Torano: Yes, sir, I am. Mr. Odio: Commissioner and Mr. Mayor, when we did this, I met with them and I told the department to accept their recommendations, since they are the ones that went through the public hearings and listened to all the people. We did that. Ms. Anne Marie Adker: May I? Ms. Torano: One more thing. Mayor Suarez: Yes, we are going to take you in a second, Anne Marie. Ms. Torano: Excuse me, Mr. Mayor. The only item that I think is going to... it hurts me tremendously, because I was part of that group way back in the 701s, the Little Havana Development Authority. They did not come to us, they did not know the roll of the board, and the Community Development funding process. Mayor Suarez: Could it be related to the fact that their executive director also hasn't been... Mrs. Kennedy: Yes, he has been in the hospital, very, very, sick. I think that is part of it. Ms. Torano And Ketty Gort called me this morning and she says, "Maria Elena, what do we do?" Mayor Suarez: How much was their funding in the past? Me. Torano: How such has their funding been? Mr. Frank Castaneda: They are recommended for funding. I believe that what they have In a list of projects. Mayor Suarez: You are not talking about the Latin Quarter? 80 April 30, 1987 Y: rf a1 • Ms. Torano: $2500000 worth. • Mayor Suarez: But that is not the recommendation that.... Me. Torano: We just learned about it today, and I know it is a very important project, especially to everybody, but to you especially, Commissioner Kennedy, and I just wanted you to know this incident, because there has been no communication until 11:30 this morning when I returned Ketty Gort's call, and she was just informed that she had to go through a process, that of course, Included us, but mostly working with the Community Development. Mrs. Kennedy: Frank,. but wasn't there any communication? Why couldn't you call them or make me aware of what was happening? Mr. Castaneda: Let me say, I did discuss it with the Planning Department, what was going on. Basically, the only recommendation that I was aware of, was the one for the $250,000, for the commercial facade program. We are dealing with that issue by providing about 460,000, $30,000 for LSDA and $30,000 for SBOC for commercial facade. The County is also providing money and I believe that the other balance of money can be created through loans from Miami Capital. Mayor Suarez: And the big ticket item, I think is the OSP, anyhow, right? It is the specialty center they wanted, for $3,000,000? Mr. Castaneda: No, that was the big ticket item. That is the only project that came in front of the board and we felt that we were dealing with that issue. I do not know if there are other projects in there. I discussed this with Jose Casanova this morning and he explained to me that the reason that he _ had not gone through the board is that they were not ready to make a presentation at that time, and they were planning to come at the meeting after the first in May to make a presentation to the Commission and what I said was, there was no money at that time, so... Mayor Suarez: We just got that report, I mean, at least I just got it today on my desk and I presume the rest of the Commission is the same, so I don't think there is much we can do with that. Mr. Plummer: Frank, let me ask you a question. In the past, we have always received and maybe I just can't find it, a given agency, without naming one or the other, you always in the past, had showed us how much their total funding was, and where their monies were coming from, besides what their request of the City was. I don't find that in this packet. Have I misplaced...? Mr. Castaneda: We did not include it in this packet, Commissioner. Mr. Plummer: Can I ask you why? ... you have always done it in the past and haven't done it this year. Mr. Castaneda: Because we usually always bring as an addendum. Mr. Plummer: You mean, after three or four arguments? Mr. Castaneda: After three or four arguments. Basically, what staff felt was the easiest thing, and the best thing, since most of... all the agencies are performing good work out in the community. We said, especially after the blood bath that we really had last year as to how we cut a million dollars from social service programming, staff felt, and the board felt that the best recommendation was that as long as the agencies were doing good work out in the community, the best thing was to fund them at the same level. Mr. Plummer: So what you are saying is that this year you are recommending that all agencies that were funded last year be funded at the same level, no new programs... Mr. Castaneda: Funding as the same level as last year. Mr. Plummer: ... no increase in any of them. --{ Mr. Castaneda: That's right. Mr. Plummer: Frank, what year is this? - JA 81 April- 30: 1987 f� Mr. Castaneda: Thirteenth year. Mr. Plummer: And you tried that at 13 years. How many years do you know that it worked? Mr. Castaneda: Hopefully this year. Mr. Plummer: None. Nonel Mr. Castaneda: Let me say... Mr. Plummer: I want to be honest with you, OK? Mayor Suarez: Well, but last year we went through a very careful process and painful process, and I think we readjusted the priorities in quite a few cases. Maybe we did a good job last year, I mean, I don't... Mr. Plummer: Well, Mr. Mayor, I've sat here for 13, unfortunately, of those painful processes, because you never have enough to go around to meet the needs of this community, legitimate needs of this community, but I think that It does give to this Commission, when voting, a better insight into the individual organizations, if nothing more than knowing that in some cases if we were to cut, it just totally obliterates the organization, because they do have a great deal of funding elsewhere, or not funding elsewhere, and I think we are being... really, I've got to be honest with you, I think we are being handicapped by not having that information. I think it is very important. Mr. Castaneda: Let me just say that my staff has just corrected me. We have never provided that information for Community Development. That information has always been provided for revenue sharing. Mr. Plummer: That's what I am talking about. I am talking about in the areas of social services. Mr. Castaneda: Right. Let me say this to clarify the record. Our intent, or our recommendation is to maintain all agencies at the same level as last year; however, recall that last year, besides the allocations from Community Development, we threw in the balances left over from the agencies and $20,000 from the splash down. That leaves us about $56,000 short in funding all agencies for the same level. What we are proposing here, is a way of... as money is returned from the agency, and this will happen, will start happening as June 30th, as agencies close out, money will be coming back in, we will tell you how that monies goes back in, and if we are shorting any agencies, we will tell you in the September meeting. Hopefully, we will be able to get enough fund balances from all agencies to maintain all agencies at the same funding level as last year. Mr. Plummer: What percentage of this money, is in fact, for your social programs? Mr. Castaneda: Fifteen percent, that is by law. Mr. Plummer: And that is maximum? Mr. Castaneda: Maximum by law. Mr. Plummer: So there is no other monies, even if available that could be used. Mr. Castaneda: That is correct. Mr. Plummer: OK. So we are using a million, call it a million, eight, here. Mr. Castaneda: Right. Mr. Plummer: Now, plus what are we doing in the area of Federal revenue sharing in social services? Mr. Castaneda: Zero. Mr. Plummer: How much? 82 April 30 1987 r v, } r Mr. Castaneda: Zero. Mr. Plummers OK. Are all of the people who were recipients last year, are they aware that Federal revenue, social services monies are zero? Mr. Castaneda: They are very much aware. Mr. Plummer: I never... you know, we asked you to send us a copy of the letter you sent them. Mr. Castaneda: We did•. Mr. Plummer: May I see a copy of it, please? But, go ahead and proceed. Mr. Dawkins: Is this the first reading on this? Mr. Castaneda: There is only one reading. Mayor Suarez: It seems like last time there were many, but I guess it... Mr. Plummer: Let's also make... Mr. Castaneda: Well, there were, but there was only one last time. Mr. Plummer: OK, let's also make one other, I think, important thing here made known. What you are asking of this Commission today is for you... us to approve your sending this to Washington for approval. Mr. Castaneda: That's right. Mr. Plummer: As long as we don't go out of that 15 percent range, we at any time can alter, adjust, this program. Mr. Castaneda: Definitely. Mr. Plummer: OK, I just wanted that to be made clear that what we do today is not necessarily locked into concrete. Mr. Castaneda: Right. Commissioner, let me explain something. What we are • doing here is basically approving the application. Later on in May we will come here and ask you for contract allocations authorizing us to enter into contract with the following agencies for "X" amount of money. Any change that the Commission might want to do could also take that opportunity. Mr. Plummer: Otherwise known a second bite of the apple. Mayor Suarez: Anne Marie. Ms. Anne Marie Adker: Yes, what I would like to know, the proposal that they have put together, that I have received for the allocation of fundings for the different communities, is that the way the proposal is going in for that allocation? Mr. Castaneda: Yes. Ms. Adker: Has the Commission and the Mayor gone through each target area and its allocations of funding? Mr. Plummer: The answer for this Commissioner is yes. Ms. Adker: Yes. Pardon? Have you done it? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Adker: I've got problems with it. Mr. Plummer: Let me figure it. Anne, just for your information, it doesn't take a genius two minutes to go through this. There are 19 agencies to be funded as proposed, now, as proposed. I want to make that clear, and you can k look at it and I've circled it in 20 seconds. Coconut Grove is a recipient of three grants as proposed; Little Havana is a recipient of four grants as 83 April 30, 19117 proposed; Wynwood is the recipient of three grants as proposed. It doesn't take long! I mean, as far as the different areas are concerned. The only ones that are not that easy to understand are those which are referred to, and there are three in number. City wide, one is transportation, one is meals and the other is elderly meals. Ms. Adker: Yes, which... the different areas that... Mr. Plummer: Well, you are not going to break that one really down. Ms. Adker: Well, they can tie in the City wide too. Mr. Plummer: We know what they are, OK? Ms. Adker: Yes. Mr. Plummer: But the others are very easy to designate what areas they are from. I mean, the Little Havana assistance, Little Havana community, you know where that is, I mean, there is no question where that is. Ms. Adker: I am not talking about location, I am talking about allocations of funding. Mr. Plummer: No, you asked a question as it related to the different areas. Ms. Adker: Right. Mr. Plummer: And that is what I am saying. The areas are easy to designate because there is only 19 total. 1 Ms. Adker: Right, but what I am saying is, how the different areas, the funding is allocated? Mr. Plummer: Yes, that is what I am answering. Mr. Adker: Because I am seriously thinking that politics is playing a big role in the allocations of Community Development funding and hopefully, that is not so. Mr. Plummer: Be more specific. Ms. Adker: You said you have gone over it. Mr. Plummer: Yes, Ma'am. Excuse me, but I've clarified that, and I've made it emphatic to you, "as proposed." I am not saying that this is what I am going to vote for. As proposed by the Administration, yes, Ma'am, I have gone over it. Ms. Torano: Mr. Mayor, if I may, I don't know what... if you look at the... do you have that identified in your book? If you can refer to the total... first to 12th year, Overtown, and Ms. Adker has had this book for three or four months now, we have been working with these figures, the figure for Overtown is $13,000,000. Mr. Plummer: Where are you? Ms. Adker: $13,000,000 for what? Ms. Torano: There is a comparison table between target areas and City wide allocations by year. It is in your book, Ms. Adker. Mayor Suarez: Why don't you identify the page for all of us? Ms. Adker: I don't have that book, Love I only have the... Mr. Dawkins: What page? Mayor Suarez: Here, give her this one. Ms. Torano: Well, it doesn't have pages. Mr. Dawkins: What are you on... !F 84 April 30, 1987 =. h Mr. Plummer: Where? Ms. Adker: The 13th year book. I am not that fortunate. Mayor Suarez: Here, grab this one so you can look on there. Ms. Adker: Yes, I need that. Mr. Plummer: Towards the front or towards the back? Ms. Torano: Towards the front, it is like the second tab. Mayor Suarez: Why don't you identify it for her so she can... Mr. Plummer: Wynwood, what is this titled? Project recommendation and status, the second page. OK, yes, it is the second page of project recommendations. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Where are the totals? Mr. Castaneda: Second page. Mayor Suarez: Second page. Mr. Plummer: Oh, OK. Anne... Mayor Suarez: It is a cumulative total. Mr. Plummer: Anne, you are the largest recipient, other than that... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, OK... It is right here. The only thing that... Mayor Suarez: She had a book already. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: The only one that is a bigger recipient than you, is City wide. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: The one that has got the least is Edison/Little River. Ms. Adker: Yes. Mr. Plummer: No, I am sorry, Coconut Grove got the least. Mayor Suarez: OK, Lori, do you want to make a statement? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: No, Coconut Grove. Ms. Lori Weldon: Do you want me to go ahead? Mayor Suarez: Yes, right. Everybody is looking at their totals Mrs. Kennedy: Second page, the totals... Mr. Plummer: Second page, for the total 12 years. Coconut Grove got a $4,096,000, where Edison got $4,929,000. Mr. Dawkins: OK, you are right. Mayor Suarez: OK„ Lori, go ahead, proceed. Ms. Lori Weldon: OK, my name In Lori Weldon, I am chairperson of the Edison/Little Haiti Community Association. My address is 160 N.W. 42 Street. 85 April 90, 1987 �;5 Mayor Suarez: You are not being paid for your appearance here today? Ms. Weldon: No, I am not being paid. I've been looking over the proposals, or the recommendations for the City budget, or Community Development grant, and I did not see a proposal submitted by the Edison/Little Haiti Community Association. Mr. Plummer: For the what? Ms. Weldon: Edison/Little Haiti Community Association. Mr. Plummer: The only program that we show here is the Haitian Social Service program of $50,000. Ms. Weldon: I realize that. That is what I am saying. I don't see it. I... Mayor Suarez: Do you have answer for that? Wait, let's try to get that clarif ied. Mr. Odio: We are not funding any new programs. It is a new proposal and we are not recommending any new proposals. Mr. Plummer: No new programs. Mayor Suarez: These are the recommendations. These are not the ones that were submitted. It was presumably submitted, right? It was processed, considered, and not recommended. Ms. Weldon: OK, fine, but I was told at the beginning of all these hearings that new programs... i Mayor Suarez: This is it. This is it. This is the hearing. Before this, you would have had an opportunity to appear before the Community Development Advisory Board. Ms. Weldon: No, I am saying at the individual hearings in the target areas and such, because this is what I said... Mayor Suarez: Oh, no, you wanted individual hearings in every target area? Ms. Weldon: No, I am saying from December on, the ones that we have had, I stated in those hearings earlier that this was set up whereas a new program didn't have a chance and I was repeatedly told that this was not the case. Now, we get here back to this date, and you automatically said, "No, you are not funding any new programs. Mayor Suarez: Why, OK, why are you shaking your head, Maria Elena? Where they not told right off the bat that... or were they just told it would be highly improbable that new programs would be funded? Me. Torano: We told them every time for every occasion that came up, that new programs were not being funded, just because of budget funds, and the limited budget that we have had since last year, and now, of course, we have brought the issue of Senator Chiles trying to cut 30 percent more, but they were told repeatedly that no new programs were going to be funded, period! We had no money, we had to take it away from other programs to give it to new ones. Mayor Suarez: Well, that as a policy statement, I presume was really the conclusion of your consideration, not... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Me. Weldon: I submitted a proposal to your office. You have a copy. Mr. Plummer: What is the name of the program? Ms. Weldon: It's not... does he have a listing? Mr. Plummer: Edison, Little Haiti... 86 April 30, 1987 Ms. Weldon: No, I said I was told that chances of a new program were slim and _ but, I was also told that there would be consideration given. Mr. Plummer: I don't see in here where that program was evaluated. Me. Weldon: My point exactly, but yet you are refunding programs in areas that exceed far more what this area has been receiving in the past five, six years, and as I stated at those meetings, I think it is unfair for you to refund programs and exceed a level in one community where you don't come up to par in funds in another area. From what you have got, the Edison Little River area, will get about..; Mr. Plummer: That is not what she is talking about. She's not talking about meals on wheels. Ms. Weldon: Yes, I am talking about that program. Mr. Plummer: It has nothing.. Ms. Weldon: OK, we are back at the Edison target area, getting far below par of what the rest of the communities are getting as far as community development funding, simply because you don't want to listen or submit to new programs. Now, if that is the case, we will always be at the level we are at, we will never get more community money, so why are you running us around the bush? Because, as I see it, chances are cuts will be coming every year. We all hope not, but I am being realistic. Mr. Castaneda: Commissioners, I think the position of staff is that the issue is that people get fed in the Edison area, an not whether this is a community based organization from Edison area. Right now we... Mr. Plummer: Well, she is talking about a meals program. Ms. Weldon: The only one that was comes there is Citywide and that is not sufficient. Mr. Castaneda: We do fund programs that serve meals in the City wide area and Francine can... Ms. Weldon: All right, Little Havana has its own meals program and City wide, so, I mean that can't suffice as an answer. We can get it City wide. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I am assuming each one of these groups is represented here today, am I correct? Let me pick on one - Coconut Grove Family Day Care Center, are they here. Mayor Suarez: It's conceivable that they were being recommended, that they might not be here. Mr. Plummer: Is anyone here from the Little Havana Community Day Care? You are recommended for $53,000. How many children do you serve? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Fifty-six children? So, you then, are under $1,000 a child? Would you be interested in taking over the City's day care? We are paying $4,000 a child! Mayor Suarez: More like $3,000, but still... three times what you are paying. Mr. Plummer: $3,600. Mr. Manager, I hope you are listening to me! Mr. Odio: Yes, sir. Mayor Suarez: There is a perfect comparison right there. Mr. Plummer: They are providing for 453,000, they are providing day pare for 56 children. Mr. Odio: Will they take ours? 87 April 30, 1987 Mr. Plummer: I am just asking the question, and I am asking it for your benefit, because this Commission charged you with the responsibility of seeing whether or not we can get a better service to more children. Mr. Odic: But did she tell you all the truth, the whole truth? I mean, how much is your cost per kid, not what you get from the City of Miami, but your cost... Mayor Suarez: Oh, you have other funds from other sources. That... OK. Mr. Odic: Ohl Mayor Suarez: OK, ah hal Mrs. Kennedy: What is your, hold on a second, what is your total funding? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes, for the 50 some kids. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Roughly. Mrs. Kennedy: Roughly. Mr. Plummer: $100,000? So that is 42,000. It is still half. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odic: What is your total funding for your 56 kids? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Odic: Yes. Mr. Plummer: Yes, total. Mrs. Kennedy: All the different fundings combined. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: How much? Mayor Suarez: Right around the same... Mr. Odic: One seventy three. Mayor Suarez: Right around the same. Mr. Plummer: So in other words, it is about $3,000 per child. Mr. Odic: That is right, that is right. You multiply that... Mayor Suarez: Look at that smiling face, you see? He is vindicated, almostl Mr. Plummer: Yes, the only problem is, his halo is pinching. Well, Mr. Mayor, I will once again go on record, as I have for 13 years, I usually don't win, I want to tell you that this vote is going to be predicated on feeding the hungry, taking care of the sick, and anything left over, we will argue about, but that is where I am going to bel I've been there for 13 years, and I am not going to change my mind. Mayor Suarez: Yes, that was the priority we set last year which we are following again this year. Sir. Mr. Doug Mayer: Yes, my name is Doug Mayer and I... Mr. Plummer: Well, but you see, one of your recommendations is a recreation program. Now, I find a recreation program, as good as it might be, OK... Mr. Manager, as a good as a program, I didn't want to mention a name. As good as r 88 April 30, 1987 et that program is, and how beneficial it is, my priority, first and foremost, is to feed the hungry and take care of the sick. Mrs. Kennedy: Right. Mr. Plummer: Now, I can't go with your proposal, because you do have recreational in here and there are no monies left over to argue about. Now, I've said that, and Maria Elena, you know for how many years I have been at that position so... Mr. Castaneda: Commissioner, let me... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Excuse me? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I'm talking about Tacolcy Recreational Program. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: You thought wrong. Mrs. Kennedy: OK, what does it do exactly, Frank? Mr. Castaneda: Commissioner, let me explain the logic that was discussed last year. Tacolcy is the only major program in the Black community in the Model City... Mr. Plummer: Fine, put it under Parks and Recreation and general budget. I've got no problem with that. You heard me, general budget. You know that, the one you play with the most. Mr. Castaneda: It is a crime prevention program and it was the highest priority in the Model City area, that is why it is the only recreational program. Mr. Plummer: Frank, I am not finding fault with you. Tacolcy is absolutely a great program, and it should be, but not under social services. Mayor Suarez: Sir, proceed. Mr. Plummer: Now, let me ask one other question and then I am going to let somebody else ask questions around here. I seem like I am the only one asking questions. Mr. Dawkins: You are the only one that read the book. Mr. Plummer: Excuse me Miller, I didn't go to Taiwan. Mr. Dawkins: That's right. Mr. Plummer: Miami Action Plan, is it appropriate that they would be funded under this, which I really don't think so, I think it would be under regular budget, but I want to tell you that we told those people last year, "Don't come back knocking on our door unless you go out and get more community support." Now, they have come to visit with me and they have told me that they have done what we told them to do and you are recommended zero. Now, I am saying to you that we made a commitment to these people. If you go out and you try to get some community support, indicating that there are problems County wide, then we are going to talk about refunding you, if not, don't knock on our door, we are going to give you zero. Have they talked to you i indicating that they have got community support?... because your recommendation is zero. Mr. Castaneda: Commissioner, what we discussed at the last time that was funded was not community support, in support ways, but community support in dollar ways. Mr. Plummer: That is what we are talking about. 89 1 April 30, 1967 Mr. Castaneda: And no one has shown to me that any other dollars have been brought into this thing and I believe that what we discussed last year was that the City should be an equal participant in the program, and that would be $25,000 for the City of Miami, $25,000 from Miami Beach, and so forth. Mr. Plummer: All right, Frank, I guess my question is to the Manager. Mr. Manager, I don't necessarily feel that that would be funded from this source. Where did we fund it from last year? Mr. Castaneda: Community Development, as an economic development project. Mr. Plummer: Oh, as an economic... all right. Is there... Mr. Odio: Economic development. Mr. Castaneda: It would not be competing in the 15 percent column. Mr. Odio: No, it is economic development. Mr. Plummer: OK, what are you recommending for them this year, if anything? Mr. Castaneda: Zero. Mr. Plummer: Zero, OK. Then you and I are going to go to war, all right? Because I understood your recommendation of zero based on them not talking to you and indicating of some community support, and then I didn't also realize when we thought we gave them $100,000 last year, that you were very, very procrastinating in when you would give them help. We gave it to them, when?.. in June?... and you got around to funding it in February. Quit smiling, OK? Now, you know, obviously there is a balance there. Mr. Castaneda: There is. Mr. Plummer: Yes, of about $44,000. Mr. Castaneda: I will not comment. Mr. Plummer: OK, I am telling you that these people played by the rules of the game that we set forward, and because they did, I am going to be one to say, "Hey, I am going to live up to my promise, under economic development, not under social programs, that you did what you were supposed to, and now we are going to do what we have got to do, so, be aware that that is where I am coming from, OK? Mr. Mayer: Yes, thank you. My name is Doug Mayer and I work for Jewish Family Services and I run a program called Senior Crime Watch, and Victims Assistance program, and this is the third year that we have been recommended for funding under Community Development. The reason I wanted to make a statement today was because I received Community Development funding also from the City of Miami Beach and from Dade County and I feel that the process that undergoes here in Miami, is the best one that I have seen throughout Dade County and I know the people involved in terms of the Advisory Board and the effort that they have put forward and Mr. Frank Castaneda and his staff, and I am here just basically to say that I sat through most of the hearings and I felt that they were a fair process and I agree with their recommendations. Mr. Plummer: I don't fin you recommended, sir. What is the name of the program? Mr. Mayer: It is under housing. Mr. Plummer: It is under what? Mr. Mayer: It In under housing. It is a program to put home security improvements for low income elderly. Mr. Plummer: Oh. Mr. Mayer. Locks, security screens... Mr. Plummer: And how much are they getting? 90 April 30, 1987, Mr. Mayer: $480000, I believe. Mr. Plummer: And you are not happy with that? Mr. Mayer: No, I am saying I am happy with it. Mr. Plummer: Well, why are...? Mayor Suarez: He is saying he likes the process, he thinks it is a good process, better than... Mr. Plummer: Then whyare you speaking? Mayor Suarez: To tell us that. He wanted to tell us that. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Mayers I wanted to thank you for being so reasonable. Mr. Plummer: We don't want to hear that! Mayor Suarez: I should have warned you, Doug, at the beginning, that this is at the risk of losing momentum on you know, it is sort of a standard City of Miami caveat. Mr. Plummer: Fifty percent of $48,000 is how much? Mayor Suarez: Sit down quickly. Don't... we will forget you ever said anything. Go ahead, Annette. Me. Annette Eisenberg: This gentlemen just took some of my fire, but... I am Annette Eisenberg, and I am going to say some positive things. Having been away from the process... Mayor Suarez: At your own risk! Ms. Eisenberg: Yes, I know. Having been away from the process for several years and being away from government, I remember the old days of C.D.'s, when I was asked to appear before the present City wide board. I found it a delight. Even thought at first we weren't recommended, now we are, but I have to tell you that this board should be commended and especially their chairperson. They took the time to listen to everybody. They were interested, they asked questions. It wasn't a rubber stamp and I must commend them and I think that we all owe them a vote of thanks for even the time that they spent, because they took their time, and having just come from a HUD board meeting, and you can imagine what that is, Mr. Mayor, because you served there on budget, they are fantastic, and the staff even though we disagree, I have to commend them, because they stood firm. They are wrong, but I Mayor Suarez: Thank you, Annette. Jackie. Mr. Plummer: That In what you call positive, right? Ms. Jackie Bell: I am Jackie Bell, executive director of New Washington Heights Community Development Corporation, and this afternoon I stand before you with the community support, at our hearings on community development. Our community made a recommendation that New Washington Heights be given the $50,000 for the next year. We went through the process. We went to the City wide board. The night that the board voted, I had the flu and I had to leave. I think that In why we did not get their support because I had to leave at the time, because I was very, very ill. I spoke the chairperson and she In here, and told her what had happened. Prior to that night they told us they thought that we were talking about was a very good project, so we are here this afternoon, saying that you all voted in your last meeting for the RFP, for the hotel to go. We have enough money for that to do what we have to do on that. The RFP is due back in August, but we need some administrative dollars to carry us through the next year, and we need you to support the $50,000 that the community recommended, for the first time in I don't know how long we had a community to recommend us, so we would like... Mayor Suarez: Jackie, didn't we leave pending... 91 April 30, 1967 j{YJ Sri ki � r. Ms. Bell: Yes. Mayor Suarez:... the possibility of an application through the Parking Authority surplus? Ms. Bell: I don't know about that, I know that... Mayor Suarez: Since that project of yours is precisely with them. Ms. Bell: Yes, I know that... Mayor Suarez: We had. $300,000 altogether. We had divvied up $175,000 plus $15,000 - $190,000, so we have got about three ten left. Now, you can't get that right away because I don't think that money will be available until the end of the fiscal year, but... Ms. Bell: October. Mayor Suarez: Yes. How much do you need to get administratively from here to the R.F.P. process? Ms. Bell: Well, we have our dollars now to finish our RFP, OK? We have dollars through June 30th, OK, and those are dollars we have had for three years, as you well know. We would like, if possible, to go ahead and grant us the $50,000 to carry us next year, please. Mayor Suarez: Did you ever get any money from L.I.S.K? Ms. Bell: No, but when we get all of these pieces, we are going to be getting, and I must say to you... Mayor Suarez: We can make a, you know, quick presentation to L.I.S.K., and you are an extremely interesting project that we would like to see funded through an organization like L.I.S.K., and Enterprise Foundation. Ms. Bell: OK, we think that this time that when the RFP goes back, that New Washington Heights is going to walk away with the hotel. We are almost assured of that, because we have gotten some things that haven't been there before, so we need your support on this and please do give it to us, and Mr. Mayor... and I'm going to move... a project of some land that New Washington Heights owned at 54th Street and 27th Avenue, that was an interest of yours that you sent to Mayor, the project is a go project, and before the end of the year construction will be broken on that, I thought you should know. Mayor Suarez: That's beautiful. Congratulations, and we... even if we were not to allocate $50,000 from this particular fund, we are not going to let your project fail for lack of administrative funds, I guarantee you, at least for myself. Ms. Bell: Thank you. I thank you, and I thank the Commission. Mayor Suarez: Thank you, Jackie. It has been too many years trying to get that for you to fail because of lack of last minute administrative funds. Ms. Torano: I agree, Mr. Mayor, by the way that is an excellent project, and anything that can be done, we will support it. Mayor Suarez: Yes, Ma'am. Ms. Diane Silverman: Yes, good afternoon, my name is Diane Silverman, I am the executive director of End World Hunger, 1460 West McNabb Road, Ft. Lauderdale, and we had the pleasure of presenting our Miami Dade Community Garden project to the Commission last month and it was received favorably, and the Commissioners and the Mayor suggested that End World Hunger should receive the first 430,000 of block grant money for this progressive program, that would be ending hunger for over $1,000 families, actually feeding over $5,000 people each year. Mayor Suarers Let me ask what happened in the process. Did you got through a C.D.B.G. process? Ms. Siivermans Yes. = r: 92 April 30, 1987 ;;` 4 0' Mayor Suarez: Maria Elena, do you... Ms. Torano: I don't recall the lady, but it might be my fault. Mayor Suarez: They made an excellent presentation at the Commission and we... Ms. Torano: I don't recall hearing about your project at all. Ms. Silverman: I've been speaking with Frank Castaneda for about six weeks. We were told that we would not be in the Social Service division, which suited me find, because I don't feel we are a social service. We are definitely an economic opportunity in development programs. Mayor Suarez: OK, wait, let's clarify it. Frank, what happened, did they go through the process, or not?... and if not, why not? Mr. Castaneda: No, they came to the last Commission meeting. Basically we have been trying to determine whether the program was eligible or not. The program was declared not eligible in H.U.D., so there was no sense taking it to the board. Mayor Suarez: That's the determination made by H.U.D.? Mr. Castaneda: yes. Mayor Suarez: Little H.U.D., or H.U.D. in Washington? Mr. Castaneda: H.U.D. in Jacksonville, for that matter..... Mayor Suarez: By regional office, and they sent it in a letter, or...? Mr. Castaneda: Verbally, they said on the phone, so what we have been discussing with them, is to see how it can be restructured into economic development project. We have received a proposal from them two days ago and I have my staff reviewing it, but I don't believe that the review is complete. Is it? Ms. Silverman: It was reviewed and I was told that it was satisfactory. Mayor Suarez: We had thought when you were here that we could characterize it as a non-social service, as an economic development, and that is what we are trying to do now. Ms. Silverman: Well, I did submit it and I did check with Francina Brooks and Dan Fernandez and they agreed that it met the criteria, and I certainly think that it does, considering that it trains people to be self-sufficient in providing food for themselves and at the same time developing skills for j employment in the private sector. I really think it meets every criteria for a progressive community that is interested in ending hunger and promoting j self-sufficiency of the individual. Mr. Castaneda: Commissioners, let me suggest on this particular issue, my staff is still reviewing the new proposal. There is a contingency fund in this year for about $150,000, which is more than enough to cover that particular project. If it is the intent of the Commission, we will come back later on when we... Mayor Suarez: Yes, I think they have to complete the review of that, and see If it can be considered non-social, in the meantime, and we love to see you at City Hall, of course, but you could demonstrate in front of his office over there at llth Street and whatever it is, avenue, 12th Avenue. Ms. Silverman: Well, will I be contacted for what I need to do next, because this time, if I hadn't pushed it myself... Mayor Suarez: I think you have done everything you need to do. I think it In going through our process now. Is that right, Frank? They don't need to do anything right now. It is in, OK, it is in the hopper, we are looking at it now and we are going to hope to f igure out a way to fund you. We need a recommendation from staff, and so far, we can't do it today because of the H.U.D. opinion that it is not... s:r 93 April 30, 1987 AF y Me. Silverman: The H.U.D. opinion was that it didn't fit under Social Services. It was not H.U.D.'s opinion that it could not fit under economic development. Mayor Suarez: Right, not Social Services. No, absolutely, you are right, it could be an Economic Development project. It sounds like it is. Mr. Dawkins: Also, Mr. Mayor, I want everybody out here to understand, if we are going to take projects at will, and assign them where we want, now I have got some we are going to start assigning. Mayor Suarez: Yes. Mr. Dawkins: Now, if H.U.D. turned this down as a Social Service and then you people are going to sneak it over here someplace else, then when I get ready to stick one someplace else, stick it in there. I mean, I want everybody to know where I am coming from. I want to be fair with you, see? Now, if you... I like your program, that is fine. It was turned down where you had it, and now somebody is going to take it and try to make it work, that is good, but when I come up with two or three, don't tell me, "Well no, Miller, we can't do that," because the hell we can't. Ms. Silverman: Well, air, I wasn't the one who suggested that it be considered as a community service. Mayor Suarez: No, he is not dealing with your project Just trying to advise people that if you do it with one, you have to do it with them all. Ms. Silverman: I understand. ' Mr. Dawkins: (OFF MICROPHONE) Mayor Suarez: Last brief one half minute statement. Ms. Weldon: Yes, last comment. I just wanted to say you are not funding new programs in your City wide meals program. Would you please evaluate those programs in areas that have been refunded in having those programs and allocate those meals more so in areas that do not have the meals program at all. I think it is unfair that an area gets food from a City wide meals program that already has individual programing. Mayor Suarez: Good point. Let me ask Maria Elena about that. What are you doing next year, assuming you are still chairperson, and assuming that the... in other words, are we going to be saying at the beginning of the process each year that we are not going to fund new programs or...? Ms. Torano: Mr. Mayor, I guess we have to wait for congress to vote on the i funds. Mayor Suarez: Yes, assuming that they don't reduce it by 30 percent, in which case we are going to have a whole big... Ms. Torano: I think I believe that we need to be up front throughout the year, and we are going to be meeting now and not just the last three meetings before coming, last three months before coming here, but throughout the year, and any inquiries, any interest that you guys... I'm sorry, that you Commissioners receive, you can just pass them our way and we can take a look at them. Mayor Suarez: Some programs will be found deficient during the year. I remember last year we had that, and we recommended for no additional funding. Some other will have some savings that will come back into the pot, so there is definitely a chance. Mr. Dawkins: Mr. Mayor, let me ask Mr. Castaneda — Mr. Castaneda, did we figure in meals for the A.I.D.'s patients?... on the meals, is that figured in with the feeding program? Mr. Castanedas No, no, we have... Mr. Dawkinss OK, well, what are we going to do about them? 94 April 30, 1987 Mr. Castaneda: We solved the problem. We were able to talk to the Senior Center, which still has a contract from last year, and they are going give them 20 meals a day to the program, and it is not costing the City any money. Mr. Dawkins: But, they are getting fed? Mr. Castaneda: Yes, they are getting fed. Mr. Dawkins: OK, thank you. Mr. Plummer: Let me 'ask you about transportation. Transportation has been cut, is that correct? Mr. Castaneda: Let me explain what is happening with transportation. Mr. Plummer: Well, let me express my concern. My concern is to give these meals and give all of these things without giving the transportation to get to them, to me is a waste of money. Now, I have the thing from transportation that says that they need $341,000, but you are only giving them $311,000. Mr. Castaneda: Let me explain what is happening, Commissioner. The only program that received, that wasn't a top priority, that received money from Revenue Sharing and Community Development last year that was cut, was the Acclon program. That program was cut, I believe, about 40 percent last year, 35 percent. What is happening is, that last year, the Revenue Sharing money, obviously went to October 1st, so they had an overlap there and they had some cushion. This year, you are going from July 1st to June 30th, so even though they are getting the same amount of money as last year. They had money from the previous year to October 1st of this year, therefore, they only to cover nine months of the year for part of the money, and that is what is creating the problem for them. Do you understand Commissioner? Mr. Plummer: I understand what you are saying, that it is basically 30 days short. Mr. Castaneda: Well, 90 days short under one funding cycle. Remember, revenue sharing went from October ist to September 30th, so last year, they had revenue sharing money through October 1st of last year, which gave them some cushion to cover the tremendous cuts that they received. Mr. Plummer: I understand that, I am just... Mrs. Kennedy: Frank, where is the lady from Edison/Little Haiti that made the presentation earlier on? Mayor Suarez: Lori. Mrs. Kennedy: Or perhaps you can answer the question. Do you know how many meals she needs to serve? Mr. Castaneda: Well, the program was 250,000... 200 meals, and it was about $250,000. It is a very expensive program, and Commissioners, really, we can't afford to fund a meals program in its entirety, because of the tremendous cost associated with this. Mrs. Kennedy: I was just thinking maybe for a lesser amount we could do something with another organization, but 200 is a lot. Mayor Suarez: Carmen. Ms. Carmen Main: Good afternoon, my name In Carmen Main, I am the executive director of the Useful Aged Association. I find out that the recommendation for our grant is around $29,000, which is less than any salary of any people around here. We really make a very, very, hard job and we provide bagged food, every 15 days more than 700 food bags, and I think, and I feel that really this money is nothing, so I really beg to all of you that we consider that amount, because I am requesting $150,000... on it's money we need to make the service that we really do and provide food to the elderly people. We provide the food, we don't charge the food to the City of Miami... Mayor Suarez: How many people are fed a year? ;.x 95 April 30, 1987 Ms. Main: A year? A month it is more than 2,000 people that we... Mayor Suarez: Well no, I don't mean for a figure to change from month to year. I mean, how many people are fed in any given day, let's say. Ms. Main: Every 15 days, more than 700 people. Mr. Plummer: They are not fed. Mayor Suarez: Fed, how many people are... how many meals do you... people that you have that get. meals there? Mr. Plummer: None. Ms. Main: Not every day, we provide food. Mayor Suarez: Oh, you provide food? Ms. Main: Right, but every 15 days we provide more than 700 food bags. Mayor Suarez: OK, you do food bags. Ms. Main: And we give that food, we do not charge. Mayor Suarez: OK, now, what other funding do you have besides the City? Ms. Main: Any other. Mayor Suarez: What was last year's funding for Los Viejos Utiles? Ms. Main: 431,944. Mayor Suarez: And we are keeping you at the same level this year. Ms. Main: Not the same, it is less, that is impossible. Mr. Castaneda: Commissioners, that is what I was explaining to Commissioner Plummer, there are four programs that have slightly lower figures than last year and the reason for that, is that the amount left over by the agencies obviously had not come in yet, because you know, June 30th is not here yet. Our intent is to try to maintain all the programs at the same level as last year. If we are not able to do that, we will let you know in September, but that is our intent. Ms. Main: But, Mr. Castaneda, let me explain to you, because maybe... I know your position is very difficult, but due to the population increase in Little Havana, according to the 1980 census, which did not include the incoming Immigration resulting from the Mariel event, most of which are already lawful permanent residents of the United States, and many even naturalized citizens in this program, serving more than... we are close to 1,500 every month, people, so you have to consider all of this, so I please beg to the Commission to help us in that situation, because, really... Mayor Suarez: Make sure that you explain to the ones that don't understand English that we are trying to keep everybody at the same level as last year. We are not able to take any new programs, we have many worthy applications, and we are hoping that for next year, we won't have a 30 percent cut, so let me tell them myself. (BRIEF COMMENTS IN SPANISH) Anything else? Ms. Main: So this is your vote? Mayor Suarez: We haven't voted yet, but, that has been what most of the Commissioners have indicated. Ms. Main: Thank you. Mr. Plummer: Frank, what is the difference in the downtown hot meal program? Mr. Octavio Blanco: Mr. Mayor... Mr. Castaneda: I'm sorry, Commissioner, what did you say? 96 April 30, 1987 .: ;cfxr. 1,3 Mr. Plummer: What is the difference in the downtown hot meals program? ... the only program for downtown. Mr. Castaneda: We are funding at the same level as last year, Commissioner. Mr. Plummer: So all those letters that I got in my office that I sent to you were not correct? Mr. Castaneda: That is correct. Mr. Plummer: OK. Mr. Carollo: We are funding it at the same level as last year, which $10,312. They requested an increase of $20,000. Mr. Plummer: Let me ask you this question. Isn't downtown one of the C.B.O.'s just like one of the eight? Isn't there a downtown C.B.O.? Mr. Castaneda: Yes, there is a downtown target area. Are you referring to the economic development group, or to the target area? Mr. Plummer: A target area, there In a board for the downtown. Mr. Castaneda: We no longer have downtown board, what we have are representatives from the downtown area serving in the City wide advisory board. Mr. Plummer: OK, All right. Mr. Castaneda: Jack Cooper is the representative, by the way. Mr. Plummer: But, in effect, that program is the only program we fund, for $10,000 for the entire downtown? Mr. Castaneda: For social services. Mr. Plummer: Yes. Mr. Castaneda: Right. Mayor Suarez: Octavio. Mr. Octavio Blanco: Yes, Mr. Mayor. I don't believe that you people have a clear picture what happened with Accion. You see, with Accion, really what happened is, last year, every agency was cut money from Federal Revenue Sharing. Mayor Suarez: You had a mix of General Revenue Sharing and C.D.B.G. ... Mr. Blanco: Yes. Mayor Suarez: ...totally $300,000 and some. Mr. Blanco: So last year, every agency they have cut money from Federal Revenue Sharing, I mean, from Community Development, has more money than the year before, because they were funded for nine months, the total amount, or the same money they got for twelve months. What did that do with us? With us, we got three months already_ funding from Federal Revenue, and that money was cut off in October, so what happened is, we got three months... Mayor Suarez: Why, was the General Revenue Sharing on the same fiscal year? Mr. Blanco: No. Mayor Suarez: Ohl Mr. Blanco: You see, everyone who got the big share on the Community Development, they got benefited by that. I mean, the ones who were in Federal Revenue, they got more money. Mayor Suarez: You may you have the same as you had last year for nine months? y ; 97 April 309 1987: ,a r a - .. ,5 • Ti- �G LiF allsi f 5T Mr. Blanco: Yes, sir. So, this year, and I was told.... Mayor Suarez: How about the monies that we received, or we're about to receive, based on the law suit by the Mayor's Conference, and so on, that had been sequestered by the Congress. Are we going to be able to allocate those $400,000?... or we have to receive those $400,000. You're not aware of that? Mr. Castaneda: I do not know if we are going to receive that much. Mayor Suarez: We may have some money that were G.R.S. monies from the year before, if we won that' lawsuit. Mr. Castaneda: Well, that is under revenue sharing. Mayor Suarez: Yes. Mr. Plummer: Blanco, how much are you saying that you are down? They are recommending $311,000. Mr. Blanco: Yes, sir, the same money as last year. This is right. Mr. Plummer: And what are you saying that that is shorting you? Mr. Blanco: it is $30,000 exactly, and just don't want you to believe me. I've got the book to prove it, and Mr. Frank Castaneda, or anybody can tell you how many people, for example, the program director is only on this budget for nine months, and two drivers for nine months, plus insurances that we pay with that money that we don't have this year. Ms. Torano: May I make a comment, please? Mr. Blanco has been attending almost every meeting of our board, where, the last 30 minutes has been open for public testimony, for deliberations, for response from the public and I would really appreciate it if Octavio would just make it a practice to talk with us first. I mean, don't make us look like, like we don't count!... because that is not what the process is all about. You know, just don't wait until the last minute and come to the Commission when you can got through the system and talk to me, you have known me for 20 years. Mr. Plummer: Shame on you! Mr. Blanco: Excuse me, you mean, personally to you? Ms. Torano: Personally, as in a group. Mr. Blanco: I was in the last meeting, right? Ms. Torano: Why didn't you talk? Mr. Blanco: I don't talk? Ms. Torano: Well, you didn't talk about that issue. This is the first time I hear it. Mr. Plummer: Well... Mr. Blanco: I think I would like to get the record straight on here. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, sir. Ms. Ruth Wells: My name is Ruth Wells, and I am project director of the Senior Adult Day Health Center at Legion Park, and I am here to speak in behalf of the Center, and the senior adults that attend the center, between 40 and 50 of them a day. This program was previously funded under the Federal Revenue Sharing, and right now we are funded from the General Fund. We are not included in the C.D.'s, and I am here... Mayor Suarez: No, wait a minute, wait a minute. We initially didn't fund you last year from C.D.B.G., and then we found a surplus of $150,000, but that was not General Revenues, what were they? 98 April 30, 1907 r�r� Mr. Castaneda: That was from the General Fund. Me. Wells: General Fund, that is what I was told. Mr. Castaneda: Mayor and Commissioners, let me refresh your memory. In the budget hearings you cut out the $150,000 from the Parks Department and made a resolution that that money should be allocated to food programs. We divided that money $75,000 to senior centers and $75,000 to Jewish Home. Ms. Wells: OK, we are now listed on the new request and I am here to ask the Commission to please consider our program for funding our next fiscal year. Mayor Suarez: That is kind of a... sort of a misnomer. I mean, they are not really a new program. They are new because they weren't funded last year from... Mr. Castaneda: Well, they are a new program under Community Development and to fund them, that would mean that I would have to refund the C D agency. Mayor Suarez: Sure. Me. Wells: OK, and I would like to... I am sure the Commission is aware of the wide range of therapeutic services we provide for these elderly people in our community. As a matter of fact, I was listening to the meals... the request for meals that has been presented before I got up here and looking over my records, we served 19,840 meals and snacks a year to these elderly people and this program is a vital part of the community, and I would like to see this program continue for a long time. Mayor Suarez: I've a feeling you may be headed towards the same situation as last year, which is that you have to try to identify some funds and get back to us if we don't give you anything today. Ms. Wells: OK, thank you. Mr. Carollo: Let me try to expedite. I... Mayor Suarez: I think that completes the presentations from those who are not being recommended. Those who are being recommended, at your risk you can make a statement, but it could be negative to your health! Mr. Carollo: I would like to defer this item until the next meeting. I need more time to really go over carefully each of the requests that are being made here and the recommendations that staff is making. i Mr. Castaneda: The funding starts June 15th, but I have to submit an application for the review of Jacksonville by May 15th. Mr. Carollo: We are meeting again, when now? Mrs. Kennedy: May 14th. Mr. Plummer: May 14th. Mr. Carollo: Well, you could have most of your applications ready and submit it on the 15th. Mr. Plummer: Second the motion. Mayor Suarez: Moved and seconded. Yes, in lieu of that, we can approve today, with the understanding that... and the Vice Mayor has already clarified that this is not cast in stone. Mr. Carollo: I'd like to defer all of it. Mayor Suarez: OK, we have a motion to defer and a second. Any further discussion? Call the roll. 99 April 30, 1987 The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-392 A MOTION DEFERRING TO THE MEETING OF MAY 14, 1987 CONSIDERATION OF A PROPOSED RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE APPROVED GRANT PROGRAM FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTS.. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Let me explain real quick: (BRIEF COMMENTS IN SPANISH) Mr. Blanco: I'd like to explain something about the new project, but Flagami never had a help from any agency. Mr. Plummer: I will be bringing that up at the next meeting. Mr. Blanco: OK, good. Mr. Plummer: But, at this point, this matter has been deferred. I would suggest that you supply each Commissioner with the area of your concern so that they can address the issue at the next meeting, but at this point, it has been deferred. Mr. Blanco: OK, thank you. 32.A. DECLARE WEEK OF APRIL 30 AS RONNIE DeSILLERS WEEK. B. CONDOLENCES FOR RONNIE DeSILLERS; URGE FEDERAL GOVERNMENT TO CREATE A NATIONAL BANK FOR ORGAN TRANSPLANTS. Mr. Carollo: If I may now, I would like to bring up a brief pocket item. Mayor Suarez: Commissioner. Mr. Carollo: Several months ago, through the program of Carlos Daman, one of the local Spanish radio stations, the plight of Ronnie DeSillers was brought to our attention. During those few months, Ronnie became known to many of us, not only in Miami and Florida, but throughout the United States, including to our President that called him and spoke to him and kept in constant touch with the family, seeing how he was progressing. After the third unsuccessful liver transplant that Ronnie had, after struggling through his last breath, he finally died yesterday. He is being brought back to Miami this evening, where funeral arrangements are being made for him. I'd like to make a resolution q naming this week, "Ronnie DeSillers Week" in the City of Miami, and at the same time, include in the resolution our condolences on behalf of not only this City Commission and City employees, but of all the residents of Miami, to his mother and family. Mayor Suarez; So moved. Mrs. Kennedy: Second. Mr. Plummer: Could I... Commissioner Carollo, of course I am in favor of your motion. I wish that you would include that which his mother last night, that -G 100 April 30, 1907. `{ }}, she expressed the plight that his life was not in vain; that if nothing more that there could be established across the United States this bank that Commissioner Rosario spoke to before, about the availability of organs for transplants, which does not exist today, and I think that she would be well pleased that if we include it in our resolution, that we are going to petition Washington, or a copy of Rosario Kennedy's resolution about establishing this bank, I think that that was what I heard her say last night live on television, is her greatest wish, that such a bank could be established and that if nothing more, he did not die in vain, that this would be for the future, in bringing this plight to the attention of the public, so I would hope that that would be included in your resolution. Mr. Carollo: I accept that addition to the resolution. Mayor Suarez: So incorporated in the motion and the second. Any further discussion? Call the roll. The following resolutions were introduced by Commissioner Carollo, who moved their adoption: RESOLUTION NO. 87-393 A RESOLUTION DECLARING THE WEEK OF APRIL 30, - MAY 7, 1987 AS RONNIE DeSILLERS WEEK IN THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 87-393.1 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF ALL CITY OF MIAMI EMPLOYEES AND CITIZENS TO THE FAMILY AND FRIENDS OF RONNIE DeSILLERS, UPON HIS TRAGIC DEATH; ALSO DECLARING THAT THE HEROIC STRUGGLE OF THIS BRAVE YOUNGSTER WAS NOT IN VAIN BECAUSE HIS DISPLAY OF COURAGE INSPIRED AN ENTIRE COUNTRY; FURTHER URGING THAT THE FEDERAL GOVERNMENT TAKE IMMEDIATE STEPS TO CREATE A NATIONAL BANK FOR ORGAN TRANSPLANTS SO THAT TIMELY RESPONSES MAY BE MADE WHEN THE NEED FOR ORGAN REPLACEMENT ARISES IN ANY COMMUNITY OF THIS NATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolutions were passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 101 April 301 1987` ----------------------------------------------------------------------------- 33. APPOINT MICHAEL ZOGBY TO THE CODE ENFORCEMENT BOARD. ------------------------------------------------------------------------------ Mr. Plummer: Mr. Mayor, I was absent this morning. May I name my appointment to the Code Enforcement Board? Mayor Suarez: Yes. Mr. Plummer: Mr. Michael Zogby, Z-o-g-b-y, he is a City resident, I so offer. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded, any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-394 A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO THE CITY'S CODE ENFORCEMENT BOARD, TO SERVE A TERM ENDING FEBRUARY 10, 1990. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: You had another appointment to another board, I think, didn't you? Mayor Suarez: Well, anyhow. 34. APPROVE WORDING FOR WATSON ISLAND CHARTER AMENDMENT REFERENDUM 1 i Mayor Suarez: Item thirty-six. Do you want to... Mr. Carollo: Item thirty-six, Madam City Attorney, we had discussed to include exempting both city and county governments if we were to construct anything in Watson Island. Ms. Dougherty: Yes, sir. I've made that amendment. Mr. Carollo: All right. This is being done in the first reading, correct? Ms. Dougherty= No.... Mr. Carollo: Well, actually, its just the resolution we're making. Ms. Dougherty: All you're doing is approving this language... <, Mr. Carollo: You..... ` ti 102 April- :30,; 1987, Ms. Dougherty: I'm going to have to bring back the formal resolution in July. Mr. Carollo: First, yes, first and second reading we got to make it in a certain deadline. I so move. Mr. Plummer: Would it be better to consider language that says, governmental use, rather than just limiting it to the city or county? Governmental use would be the public sector only. Mayor Suarez: What other government? Mr. Carollo: Outside of city and county.... Mr. Plummer: Well, okay, let's.... Mr. Carollo: ... I don't really see the state getting involved or.... Mr. Plummer: Okay, then, what... well, you know the state does retain control over Watson Island.... Mr. Carollo: Yes. Mr. Plummer: ...as the cabinet. Mr. Carollo: I don't see the federal government getting involved. Mr. Plummer: No, what I was thinking was.... Mr. Carollo: I don't think they want to make an Alcatraz out there. Mr. Plummer: ...if you were going to a cultural center, it might be an agency such as the Sports Authority, Off -Street Parking. Mayor Suarez: Or like a... like an autonomous type agency but having a governmental or public purpose. Mr. Plummer: Exactly. Where if you said "governmental", you're not limiting to the city or county. Mr. Carollo: That's a... I think it's a fair change and we're still including the city and county and it's not hurting us.... Mr. Plummer: Governmental agency.... Mr. Carollo: ... to include anybody else. Mr. Plummer: My other question that I have, Madam City Attorney, we spoke before, and I don't know how it came down.... Mr. Carollo: Well, J.L., I'm sorry. Mr. Plummer: Yes. Mr. Carollo: I'm sorry. Let's make sure we get some language that is understood that we're referring to United States governments, whether city, county, state, or federal. Mr. Plummer: Of course. Mr. Carollo: In case somebody might want to get, who knows, maybe the Peoples Republic of China involved or anything also. Mr. Plummer: No question. The other area of concern that I expressed before, would you tell me what wording is in there for example, the Outboard Club, the Yacht Club - the present existing leases. Mayor Suarez: I think those are excluded, aren't they? Mr. Plummer: All right. y �T 103 April 30, 1987 Ms. Dougherty: This... The language is: This charter amendment shall not affect... no..."Nothing herein shall affect the existing rights, if any, of any current lessee, permittee, licensee, or concessionaire." Mr. Plummer: Okay, the question that's being raised by the Yacht Clubs. They are on a year to year contract... Mayor Suarez: Yeah, when they get renewed.... Mr. Plummer: When their contract is up at the end of the year, I don't think this commission wants to go through a referendum every year, even though there is a reverter clause.' Mayor Suarez: Can you add a simple clause that says, "or renewal of existing uses?" Mr. Plummer: Well.... Ms. Dougherty: You see, if... if... well, yes, if.... Mayor Suarez: It's still subject to the commission. It just isn't subject to.... Mr. Plummer: ... to the referendum. Mayor Suarez: ... to the referendum. I mean, if the movement accepts it.... Ms. Dougherty: My understanding about the Yacht Club; it's on a year to year lease, which the lease itself has a option in it to renew it. If that's so, without going to this, then they don't have to comply. Mr. Plummer: All right, the.... Ms. Dougherty: If it doesn't, it's going to have to go to a competitive bidding situation anyway. Mr. Plummer: All right. The heliport is on a month to month basis. Where does that stand? Ms. Dougherty: They continue to stay there until you want to put it out for RFP. At the point you put it out for RFP.... Mr. Plummer: All right. Ms. Dougherty: ... then, they have to comply with this and all the other requirements. Mr. Plummer: The other one is Chalk. Now, I understand Chalk does not have any kind of a lease with the city. They don't pay us anything. Ms. Dougherty: Same thing. They have a right, apparently, by a permit that you've given them. They have a license, concession, or a permit because they are there and you haven't thrown them off. And they continue to stay there until you decide that you want to put it out for RFP. i Mr. Plummer: All right. So they don't have a contract and what you're saying is, this commission does retain the right, at any time, to give them notice. Ms. Dougherty: Yes. Mr. Plummer: It's okay. So what we're saying in reality is, of the present leases that are there.... Ms. Dougherty: If they have any rights to continue there; those rights continue. Mr. Plummer: Well, there.... Me. Dougherty: If they don't have the rights to continue there, then they have to go out for an RFP anyway. -' �y 104 April 30, Y.. Mr. Plummer: Well, let's spell it out. To my knowledge, there are presently four - five. One is the Miami Outboard Club, one is the Yacht Club, one is the heliport, one is Chalk, and if there is a lease with Dade Heritage Trust for the house, I don't know, is there a lease on that? How do they exist there? I mean.... Mayor Suarez: How about Japanese Gardens? Is that the same question as to that.... Mr. Plummer: I don't think theres a lease... no, that was a gift.... Mayor Suarez: ...is it just a use of some sort, er.... Mr. Plummer: ... that was a gift to the city by the Japanese government, so that that is just.... Mayor Suarez: I guess there's an association that operates it, but that's about it. Mr. Plummer: We maintain, yes.... Mayor Suarez: We maintain? They just simply volunteer work and have their own.... Mr. Plummer: All right, so are we then.... Mr. Carollo: All the money delve paid, we should take.... Mr. Plummer: ... is it my understanding that those four exist until such time as this commission deems otherwise? That their renewal will not be based on necessarily a referendum. Ms. Dougherty: Do they have an existing contract now on a year to year? I don't believe so. Mr. Plummer: Well, look, I don't want to tie you up. Ms. Dougherty: So you permit them... you are going to be able to permit them to have the exact same rights that they have now. If it's on a month -to - month, they stay on a month -to -month. If it's a year-to-year, they have a year-to-year, but if you want to give them a new lease.... Mr. Plummer: Okay, then it would have to.... Ms. Dougherty: ... then it goes out RFP and they have to comply with this. Mr. Plummer: That's fine - that's fine. In other words, whatever rights they have today are existing and will continue to exist unless they ask for a new contract. Me. Dougherty: That's right. Mr. Plummer: Okay, that's fine. Mayor Suarez: Okay, we have a motion. Do we have a second? Mr. Plummer: It's Commissioner Carollo's, I'll be happy to second it. Mayor Suarez: I think he did move it. Moved and seconded. To approve the resolution - or, the wording as presented and prepared for the public hearings on this referendum. Any further discussion? Call the roll. Mr. Carollo: But, it's clear to the commission if anybody wants to ask for any new changes in whatever present lease they have, it has to go out to an RFP and they go through the process that we're talking about here if this In approved by the voters. Mr. Plummer: That In correct. Mr. Carollo: Okay. 105 April I 0 Mr. Plummer: If you change, if you change the present right that they have today, then it has to go to a referendum and an RFP. Unless it's governmental. So be it. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 87-395 A MOTION APPROVING THE WORDING SUBMITTED BY THE CITY ATTORNEY FOR A PROPOSED CHARTER AMENDMENT TO BE PLACED IN THE NOVEMBER 1987 BALLOT ("WATSON ISLAND" CHARTER AMENDMENT REFERENDUM). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 35. ORDER DRAFT FOR LEGISLATION TO EXEMPT CITY REDEVELOPMENT PROJECTS AND AFFORDABLE HOUSING PROJECTS FROM REQUIRING APPROVAL AT A REFERENDUM BEFORE SALE OR LEASE OF CITY LAND AT LESS THAN FAIR MARKET VALUE Ms. Dougherty: If I could bring up another issue that, I believe, Commissioner Carollo would like to make an amendment to the first Carollo charter amendment. And that was the one, if you recall, that would not permit a sale or leased property for any development or any proposal that came in for less than fair market value, unless there were three bidders. And if there were less than three bidders, then it had to go to referendum if you wanted to select them. Mr. Plummer: Automatically. Ms. Dougherty: Automatically. Mr. Plummer: Yes. Ms. Dougherty: What he would like to do, I believe, is to exempt redevelopment projects and affordable housing projects. Mr. Carollo: That's correct - redevelopment and affordable housing. Mayor Suarez: What do we need to do to approve that today? Just pass by resolution and it will come back with the.... Ms. Dougherty: Pass, and I will bring it back to you in July, just before. Mayor Suarez: ... and then it will be going through public hearings like the other one? Ms. Dougherty: Yes, sir. Mayor Suarez: Anybody have any problem with that? Mr. Plummer: Well, wait a minute. I have no problem with housing. I do have a problem, possiblyt with redevelopment. Mayor Suarez: City - city redevelopment. 106 April 30, 1987 a y I Mr. Carollo: Well, what we're talking about is.... Mayor Suarez: Governmental redevelopment, not.... Mr. Carollo: What - for what I talked with the city attorney what we were referring to is like Overtown/Park West only. Mayor Suarez: City sponsored redevelopment projects, not.... Mr. Carollo: City sponsored.... Ms. Dougherty: Community redevelopment projects, as defined in the state statute. Mr. Carollo: J. L., you know,.... Mr. Plummer: Okay, all right, city projects. Mr. Carollo: Exactly, city projects. Mr. Plummer: Okay, all right, no, I.... Mr. Odio: But can I ask - what about in a case like Merrill Stevens? Ms. Dougherty: It applies. Mr. Odio: Where we got only two bids. Ms. Dougherty: If it comes in for less than fair market value, then you cannot approve it without a referendum. Mr. Plummer: No, but, but, it was my understanding, speaking to Merrill Stevens, that it only got two bids. Mr. Odio: That's right, sir. Automatically.... Mr. Plummer: ... it automatically would.... Ms. Dougherty: No, no. Only if the two bids came in at less than fair market value. Mr. Plummer: Oh, oh, oh, oh. Mr. Odio: So - we have to determine, by appraisals.... Mayor Suarez: You have to have two conditions for it to apply. Mr. Odio: Oh, I see. Mayor Suarez: In this case.... Mr. Plummer: One of these days, the city is going to have to come to a realization of what fair market value is. Mayor Suarez: No, either condition. Ms. Dougherty: But, it is at highest and best use; that's also in the charter amendment. Mr. Odio: Use is tied to that. Mayor Suarez: Its defined as highest and beat use. Mr. Plummer: We'll never get a bid then. Mr. Carollo: Well, if this highest and beat use, then what the heck do we do Y in giving a big chunk of land to Casino Espanol? Mayor Suarez: Does anybody have any problem with the commission scheduling s. hearings on that particular amendment? .5� 107 April 30, 1987 Mr. Carollo: No. Mayor Suarez: Do you want to make it in the form of a motion, Commissioner? Mr. Carollo: So move. Mayor Suarez: So moved. Do we have a second? Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Other than the city manager and the city attorney. Call the roll. The following motion was introduced by Commissioner Carollo, who moved Its adoption: MOTION NO. 67-396 A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT THE PROPER LEGISLATION TO EXEMPT CITY REDEVELOPMENT PROJECTS AND AFFORDABLE HOUSING PROJECTS FROM REQUIRING APPROVAL AT A REFERENDUM BEFORE THE SALE OR LEASE OF CITY LAND AT LESS THAN FAIR MARKET VALUE UNLESS THE CITY HAS RECEIVED THREE WRITTEN PROPOSALS FOR SUCH SALE OR LEASE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 36. CLOSE PORTION OF N. E. 21 STREET AND 20 TERRACE Mayor Suarez: PZ-1. George Campbell: Do you want your staff person to go first? Mayor Suarez: There he is. Mr. Campbell: PZ-1. This is the closure of these streets as they're mentioned; shown rather, on the overhead projector here. The portion of N. E. 20th Terrace, portion of N. E. 21st Street, and a portion of the alley between 21st Street and 22nd Street. The plat has been through the plat and street committee. It's been recommended by them subject to the public hearing for the street closure. There's been a properly advertised public hearing before the zoning board and it's here now for the commission's recommendation and/or 1 approval on the street closure. They have fulfilled all of the requirements to this point, necessary for the plat. Martin Fine, Esq.: Just for the record, my name is Martin Fine, 2401 Douglas Road. I'm here with my partner, Carter McDowell. We have a description of this, if we may pass it out to you but the hour is very late, officials from Florida Power & Light Company are here.... Mayor Suarez: Commissioners, do we have.... Mr. Fine: We have a presentation, but perhaps there aren't any questions. Mayor Suarez: Perhaps there isn't a quorum either. Do we have a third commissioner in the room? Is there anyone who wishes to be heard against this =` application? Let the record reflect that no one has stepped forward. Is there anyone that wants to vote for the third commissioner so.... 108 April 30, 1987 iS , K Mayor Suarez: Not Florida Power & Light. Mr. Fine: I was going to say, if you want a representative of the company, hold a special election. Mayor Suarez: Although, if the offer was right, you never know. It's called a de facto recess. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: You scared them away, Marty. Mr. Fine: No. Mayor Suarers We still don't have three votes, but, when it comes up, on PZ- 6 - 77 - what do we need to do to simply permit the applicant to defer that? Planning department's the applicant. PZ-7? Planning Department doesn't want to be the applicant. Refuses to be the applicant. How about if we disband the Planning department? Mr. Plummer: Yeaaaaaaaaaah! Mayor Suarez: There he is. Mr. Plummer: We'll save an awful lot of money. Mayor Suarez: We'll go through this very quickly and, I mean, we'll get through this one and then companion items and then PZ-7; we'll get to that real quick. Okay. I'll entertain a motion on PZ-1. Mr. Dawkins: Move it. Mayor Suarez: We have a motion. Mr. Vice -Mayor, do you want to second that? Mr. Plummer: What's the problem? Mayor Suarez: PZ-1; we have a motion. Do you want to hear further questions, satisfied? Mr. Plummer: I'm satisfied. Mayor Suarez: Does that mean you second? Mr. Plummer: Yes, sir. Mayor Suarez: Any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-397 A RESOLUTION CLOSING, VACATING, ABANDONING AND . DISCONTINUING THE PUBLIC USE OF THE WEST 232.7 FEET OF NORTHEAST 21ST STREET AND THE WEST 256.61 FEET OF THE EAST 300 FEET OF NORTHEAST 20TH TERRACE LYING EAST OF THE ' FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND THE EAST 200 FEET OF THE EAST -WEST ALLEY LYING IN THE BLOCK BOUNDED BY NORTHEAST 22ND STREET, NORTHEAST 2ND AVENUE, NORTHEAST 21ST STREET AND THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, TRACTS A & B, AS SHOWN ON THE ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1295 - "CENTRAL BAY VIEW." (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- 109 April. 30, 4987 �' AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy (NOTE FOR THE RECORD: Item PZ-7 was deferred by applicant to the meeting of May 28, 1987) 37. CLOSE ALLEY BOUNDED BY S. MIAMI AVENUE, S. E. 13 STREET, BRICKELL AVENUE AND S. E. 14 STREET Mayor Suarez: PZ-2. George Campbell: PZ-2 is also a street closure on a plat, 1390 Brickell. This is a... They've gone through the zoning board and public hearing, which is recommended, and they are here for your blessing. They've gone through... they have complied with all of the requirements of the plat and street committee. Mr. Plummer: Move it. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded - thirded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-398 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT ALLEY LYING WITHIN THE BLOCK BOUNDED BY SOUTH MIAMI AVENUE, SOUTHEAST 13TH STREET, BRICKELL AVENUE, AND SOUTHEAST 14TH STREET, MIAMI, FLORIDA, ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1283 - "BRICKELL 1390." (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 Miller J. Dawkins j Commissioner Rosario Kennedy 1 Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 110 April 30, 1987 1 ,fr I,c iJ�'f�i 38. DISCUSSION AND DEFERRAL OF APPEAL BY NEIGHBORS OF THE SPECIAL EXCEPTION TO PERMIT AN ADULT CONGREGATE LIVING FACILITY AT APPROXIMATELY 50 S. W. 32 COURT ROAD Mayor Suarez: PZ-3. Very eloquent today, Tony. Mr. Guillermo Olmedillo: PZ-3 is an appeal to the zoning board decision to grant a special exception for an ACLF for not more than six residents, and a waiver of four parking spaces that required... they needed our... it's five. This particular facility is located just off of Flagler Street and 32nd Court Road, Southwest. The present zoning is an RG-3/5, which is a multi -family zoning. These are old existing facilities, there was a motel there for many years - a six unit motel. There is public transportation on Flagler. On January, 1986, the zoning board deferred the items to have the applicant meet with the neighbors. In February, 1987, zoning board granted a 9-0 vote for the... granting the special exception. The Planning Department has recommended approval subject to the one year review and no more than six residents, including staff. Mr. Plummer: So this is an appeal by the neighbors? Mr. Olmedillo: By the neighbors, yes, sir. Mr. Plummer: We got to hear the neighbors first. The neighbors are, in effect, the applicants. Are they here? Ms. Kennedy: Is there anybody here on this item? Mayor Suarez: Ma'am, we'll take.... Mr. Olmedillo: She's the petitioner. Mr. Plummer: Were the applicants notified of their appeal? Ms. Gloria Fox: The applicants were neighbors within 375 feet. We sent the usual notice to all the property owners within 375 feet. Mr. Plummer: Well, the applicant... Are you Sara Santos? Mayor Suarez: Let the record reflect that we have asked if anyone is here to oppose the special exception for an ACLF. No one has stepped forward. Mr. Plummer: Well, Mr. Mayor, let me, you know, in all fairness... Mayor Suarez: I just want the record to reflect that no one has stepped forward, that's all. Mr. Plummer: ... do you have any proof that the applicants - the objecting neighbors - were notified? Ms. Fox: When we send the notice out to all of the people within 375 feet, we mail one to ourself and leave it sealed so I should have a sealed copy of what was mailed out in our folder right here. Mr. Plummer: That those who signed the petition of the appeal were notified. Ms. Fox: We had a list that was like six or eight pages long of petitioners. Well who are the appellant they all signed petitions. We sent... those for the most part, as beat our records show, are people within the 375 feet so the notice went out to all of them listing the date, time, and place. Mr. Plummer: It doesn't make sense that they would appeal a decision of a lower board and not appear here to object. That's the. point I'm trying to make. Mayor Suarez: Is there, legally a group of petitioners, or all the people who signed are somehow the petitioners hose before us - the applicants here before us. All of them? April 30, 1987 �i r, • • Mr. Olmedillo: There - in your packet there is a letter... Mr. Plummer: And not a soul showed up. Mr. Olmedillo: Page four in your packet, you will find a letter addressed to Miss Gloria Fox, Hearing Boards Division Chief and it's the appeal made by a list of property owners... which follows. Mr. Plummer: Are you part of the appealing? Kelly Rice: Ah...I'm'sorry. My name is Kelly Rice of Floridian Nursing Horde and we're within the radius of 375 feet. I am here because we received the notice of the neighbors appealing so if you're questioning if the notice was sent to the people.... Mr. Plummer: No, what I'm really questioning is that these people would take the time and the effort to appeal and then... Ms. Rice: I understand. Mr. Plummer: ... not show up... Something.... Mayor Suarez: But you did, but you know, but... but she did receive it and she's within the 375.... Ms. Rice: I'm just explaining that if I received it, I assume that those that appealed did. Mayor Suarez: And I guess... We gather that you're in favor. Ms. Rice: Yes, I'm in favor. Ms. Kennedy: Well, the other names are William Motley, Ann Motley, L and L Motley, and Lonnie Morris. Walter Pierce: Yes, I was going to point out that there were only four names on the petition for the appeal, not.... INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD. Mr. Pierce: I believe they do. Mr. Gustavo Fuentes, Esq.: If I may address the commissioners. Of those four names, three of those.... Mayor Suarez: Give us your name and address. Mr. Fuentes: My name is Gustavo Fuentes of 3899 N. W. 7th Street. attorney and I would like to indicate.... I'm an Mayor Suarez: If you're being compensated for your appearance today, you know you have to register with the City. Mr. Fuentes: I'm not registered with the City. I received notice of this hearing approximately 45 minutes.... Mayor Suarez: Are you being paid for your appearance? Mr. Fuentes: ... before it was scheduled. Yes, I am. Mayor Suarez: You've got to register and its for your protection, but, things are going pretty well for you anyhow, I don't know that you ought to say.... Mr. Plummer: You say you were only notified of this appeal 45 minutes ago? Mr. Fuentes: No, 45 minutes before it scheduled. I have been waiting for the case to be called. I have not had an opportunity to register so that I would not be absent at the time that this case will be called. Ms. Kennedy: But I'm... notified 45 minutes; meaning what? You didn't know that this was scheduled on the agenda? :c3 112 April 301, 1987 L Mr. Fuentes: That 'a a... well, my services were obtained 45 minutes before two o'clock. Mayor Suarez: Your client got a hold of you in the last.... Me. Kennedy: Oh, okay, all right. It has nothing to do with the staff. Okay. Mayor Suarez: You should not... until you register, you should not make any presentations for your protection because, otherwise, it would be illegal. That doesn't mean that you should go away, things might work out for you here. I don't know. Mr. Fuentes: I will request the leave of the commission so that I may now proceed and register. Mayor Suarez: Yes. Does anybody have any problems with this item or are we just going to.... Mr. Pierce: Well, Mr. Mayor, I.... Mayor Suarez: Yes, yes. Mr. Pierce: ... I'd like to point out that there was a difference in the staff recommendation from what the zoning board approved. Mayor Suarez: Oh, I'm sorry, but I thought.... Mr. Pierce: That was one thing. But I would also recommend to the commission, that we defer this for.... Mayor Suarez: The maximum of six and all of that? Mr. Pierce: ... thirty days and we'll make specific notice and then bring it back. Mr. Plummer: I think you should. I really do. In all fairness. Mayor Suarez: Counselor can get his preparation done in the next thirty days. Mr. Pierce: Yes, sir. Mayor Suarez: We can be sure that everyone is notified. Mr. Plummer: The thing that most of these homes, the owner lives in the home. This particular applicant does not. This applicant lives at a different address. You don't live at the house, is that correct? What is the address... oh no, here. Ms. Kennedy: 130 N. W. 32nd.... Mr. Fuentes: Sir, may I please serve as an interpreter and repeat the question to her? Mr. Plummer: The question is: Sara Santos shows a different address than the location of the application. Mr. Fuentes: That is correct. She does live at a different address. Mr. Plummer: Who would be running this facility? Mr. Fuentes: She will. Mr. Plummer: Okay, thank you. Well, she doesn't have to because we're not going to hear it, we're going to defer it. Mayor Suarez: I have a motion to defer to the meeting of.... Mr. Pierce: May 28th, and we will make specific notice to the appellant by registered mail. 113 April 30, 1987 0 Mayor Suarez: With registered mail notice to the appellants. Mr. Plummers Get return receipt. Mr. Pierce: Yes, air. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-399 A MOTION DEFERRING TO THE MEETING OF MAY 28, 1987, CONSIDERATION OF PROPOSED RESOLUTION IN CONNECTION WITH APPEAL BY NEIGHBORS OF THE ZONING BOARD'S DECISION TO GRANT THE SPECIAL EXCEPTION TO PERMIT AN ADULT CONGREGATE LIVING FACILITY AT APPROXIMATELY 50 S. W. 32 COURT ROAD. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ---------------------------------------------------------------------- 39. DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF A DRIVE-IN FOR TRUST BANK AT APPROXIMATELY S.W. 22 AVENUE AND 8TH STREET (See label #42) Mr. Plummer: Mr. Mayor, I want to remind this commission that we made an absolute blood oath binding obligation to hear the 27th Avenue on 5:00 P.M. regardless of whatever else was happening. I, for one, would like to live up to that obligation and I'm sure the rest of the commission would. So, in four minutes I would hope that we would call that... I think it's seventeen? Mr. Olmedillo: Seventeen through twenty-two. Mayor Suarez: We are going to live by that, not exactly to the minute, but the closest that we can, but we do have, also, I know PZ-4 has been waiting. I know Marty has one other item that.... Mr. Plummer: Okay. Mayor Suarez: Okay, PZ-4. Mr. Olmedillo: PZ-4, 5, and 6 are companion items, Mr. Mayor. Four is a drive-in teller for a financial institution on a CR district. Five is a reduction in the number of reservoir spaces from ten to four in each of three windows. And six is an off site parking; that is a special exception to allow off site parking for the bank facilities. This bank is located on 22 Avenue, Southwest 22nd Avenue between 7th and 8th Street. The drive-in teller in a CR district is acceptable, except in this particular case where the reduction of reservoir space is requested is from 10 to 4 in each of the three windows. The off site parking also is acceptable and the only reason why the Planning Department appealed item six is to allow you to view the whole project - the whole three items together. But the Planning Department recommended approval. The zoning board approved, or recommended approval of the drive-in teller in the CR district by and 8-1 vote. They recommended by the same vote, the reduction of the loading spaces with a covenant provided by the applicant and they recommended approval by a 9-0 vote on the off site parking which is on the residential side, the western side of the property. The plan... excuse me. 114 April 30, 1987 ✓1 M . Mr. Plummer: How much stacking do they have per lane? Mr. Olmedillos They have four per lane. Mr. Plummer: Four per lane? Mr. Olmedillo: Yes, sir Mr. Plummer: Forget it. Forget it. No way. Hey, we have been very, very lenient in the past, maybe one under the ten that we asked for, or twelve, but, they're asking for four? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Four per lane? Mr. Aurelio Durana: We would like to have an opportunity to explain. Mr. Suarez: You will certainly have that opportunity. Mr. Plummer: Well... obviously they have a different opinion. You sure you're telling me that per drive-in window, they have stacking for four. Mr. Olmedillo: Yes, sir. They have three windows and each window has three reservoir spaces. If I may then, I'll read into the record, the Planning Department's recommendation is.... Mayor Suarez: You can go ahead and ---- whatever you want. Mr. Plummer: I don't think you could talk that long, but you.... Mr. Olmedillo: denial on item four, denial on the reduction of reservoir spaces and approval of the off site parking. Those are the Planning Department's recommendation. Mr. Plummer: Only one of the three items speak to the off street parking... to the remote.... Mr. Olmedillo: Yes, the sixth -item six. Mr. Plummer: Excuse me, Mr. Mayor, if I may. Orientate me, we're... all right, here's 8th Street. That's this side. Centro Vasco is over here? Mr. Olmedillo: It's to the west of this property. Mr. Plummer: ... of the existing bank building? Mr. Oimedillo: Yes, sir. Mr. Plummer: All right. And where do they plan on bringing this traffic in? Ms. Kennedy: Do you have a map to show us, Guillermo? Mr. Plummer: Okay, in here... yes. Onto what? Mr. Pierce: 22nd Avenue. Mr. Plummer: How can they exit here? Mr. Olmedillo: Can we get the small mike on? Mr. Pierces ...this In an alley they dug.... Mr. Plummer: That's not their alley. Isn't that a public alley? Mr. Dawkins: Yes. Mr. Plummer: Well, how can they use it? Mr. Olmedillo: No, ah... Mr. Plummer: They don't own it. 115 �t �hAT April 30# 1907 Mr. Olmedillo: If I may explain, Commissioner Plummer. Mr. Plummer: Sir? Mr. Olmedillo: Yes, if I may explain. The access is provided through 7th Street, not on the alley. Mr. Plummer: I see that here. Mr. Olmedillo: The parking... the parking lot that they plan to use is the one in blue in the transparency. - Mr. Plummer: Yes, but they're not going to be bringing the traffic in through that parking lot. Mr. Olmedillo: No, on 7th Street. Mr. Plummer: Now, tell me... tell me that after three automobiles in a drive- in teller lane, where are they going to be? Mr. Olmedillo: They... the plans that the applicant has is to bring the traffic from 7th Street on the commercial site. Mr. Plummer: I'm talking about after three cars get in any one given lane, where's the traffic going to be? — Mr. Olmedillo: The fourth one fits. They have four reservoir spaces. Mr. Plummer: Okay, after the fourth car. Where's it going to be? Mr. Olmedillo: I'll let the applicant explain that to you. Mr. Plummer: It's going to be on the street. You know where it's going to be. And 7th Street is one helluva busy thoroughfare right now. Ms. Kennedy: You're going to have a lot of spill traffic on 7th Street. Mr. Dawkins: It's one way, going east - one way going west. Mr. Olmedillo: West, that is correct. Mr. Plummer% Ah naw, no. Well, 7th and 6th. And when you get more than four cars, its going to be out in the street. That's the natural thing of people to do. Mayor Suarez: You finished the presentation? Mr. Olmedillo: Yes, sir. Mr. Plummer: See, let me tell you, let me tell you the problem. In the other bank, we were able to cut down to two drive-in tellers. But where they have... where they have their tellers located on this plan; now, unless they can come over here, but that's part... is this the existing building, here? They can't go deeper into the property unless, what? They're going to have to come in through here and come around this way, is the only way they can accommodate. Mr. Pierce: Mr. Plummer. Mr. Olmedillo: I believe all of the buildings were existing and they're merely... they're adapting them to bank use. Mr. Pierce:: Very little new construction. Mr. Plummer: Is there any way they're going to use this for parking? Is there any way that they can use this parking lot to accommodate? They're going to exit by a public alley. Mr. Dawkins: Entrance too. Because that's a alley coming off of 7th Street. They come off a alley into the parking lot. ry 116 April 30, 1987 & 0. Mr. Olmedillo: In order to do that, they would go through a public alley. Mr. Dawkins: What's on the other side of that blue line up there to the left of that... to the right of... Mr. Olmedillo: That's an alley; that's a public alley, yes, sir. Mr. Dawkins: That's an alley, that's an alley, all right, that's an alley. Now, when you come down to the other part going all the way... that's an alley. Mr. Olmedillo: That is an alley also, yes, sir. In order to have traffic going through the alley, they would have to close, or come up for closure and vacation of the alley, so that they would integrate the property. Mr. Dawkins: Yes, but if you do that, where will Centro Vasco and those get their deliveries, if you're going to vacate the alley? The other businesses.... Mr. Olmedillo: The one suggestion that was made was that the alley could be moved towards the west between lots 1 and 2, and that will allow the traffic... the alley to prevail. Mr. Plummer: Well, if they did that under unity of title, why can't they bring the parking in off the street and use that for their drive-in tellers? Mr. Olmedillo: They could. Mr. Plummer: That's the answer. Ms. Kennedy: Have you suggested it to them? Mr. Olmedillo: Yes, Ma'am. Mr. Plummer: And they didn't accept it? Mayor Suarez: Okay, there... they want an answer, please. Go ahead, counselor. Aurelio Durana, Esq.: Mr. Mayor, Commissioners, my name is Aurelio Durana. I represent the petitioners. I'm an attorney at 4445 W. 16th Avenue. I am paid by the Trust Bank and I am not registered to lobby the city. Mr. Plummer: Then you'll have to register. Mr. Durana: Therefore, I would like to... Mayor Suarez: Registered to vote in the city? Is that what you're saying? Mr. Durana: No, no. To lobby. Mr. Plummer: No, he's not a registered lobbyist. Ms. Kennedy: One track mind. Mr. Durana: I would like to defer to Mr. Amaro Taquechel, who is the bank's architect. Mayor Suarez: Okay, you can also fill out your forms while all of this goes on. You might be finished with it by the time we're through with this item. Amaro, you have the same situation, actually. You also have to register if you're compensated for your appearance here. Mr. Plummer: If he testifies. If he doesn't testify he doesn't have to. Mayor Suarez: He's about to do that. , INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD Mayor Suarez: Yes. Mr. Plummer: Are you paid to do so? You got to lobby. 11? Ms. Kennedy: You got to register. Mayor Suarez: Okay, why don't we table the item. Mr. Plummer: You'll even.... Ms. Kennedy: It takes a second only. Mr. Plummer: You, you then will be eligible for the San Pedro lobbyist of the year award. Where's Carollo? Me. Kennedy: He's polishing the award in his office. Mayor Suarez: Table item PZ-4 while you register. Marty, which is your item? ..--- -- -- - - - --- - - ---- 40. FIRST READING ORDINANCE: CHANGE PLAN DESIGNATION OF 3684-88 S. W. 26 STREET FROM LOW -MODERATE DENSITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL. ------------------------------------- Mayor Suarez: PZ? ... 16. PZ-16. Mr. Durana: Mr. Mayor, does it means we have to table the whole.... Mayor Suarez: No, no. Just get your forms filled out. Mr. Dawkins: ... as soon as you get your records .... Mr. Plummer: Isn't this the one that I deferred last time? Mayor Suarez: Yes. Somebody deferred last time. Me. Kennedy: Commissioner Carollo deferred it. He wanted to see a model of the building. Okay. Mr. Olmedillo: Commissioner Carollo.... Mr. Mayor, 15 and 16 are companion items. Fifteen would be the plan amendment and 16 is the zoning change. The zoning change is from RG-1/3 to a CR-3/7, less the eastern one foot of the property. Mr. Plummer: Isn't this the one that had the parking structure in the back? Mr. Olmedilio: Yes, sir. Mr. Plummer: Okay. All right. I went out there and looked at this. I only have one condition and that is that, as I recall, the - okay, I don't call it a condition - one voluntary covenant is in the area of the back side of that parking structure, that the landscaping be sufficiently high enough or at least the same level as the height of the height of the building. And I spoke f with the owner and he said he saw no problem with that whatsoever. That, I felt, instead of a concrete wall, even though the lady in the back is not an objector, that, in fact, if you had to look at a structure, it would be better to look at the landscaping than it would be to look at a solid wall or to look at concrete. And if that's agreeable and will be entered into as a voluntary covenant, then I have no problem. Ms. Kennedy: I also suggest that another voluntary covenant... let me just say also that Mr. Codins, at least since I have been elected, I have never seen him here for a zoning change. He is very involved in the community; he gives a lot, but this building creates jobs, jobs create people to move around there and we're going to need some facilities for child care. And I think that that.... Unidentified male voices That's in the covenant. Ms. Kennedy: ...okay, great. Unidentified male voice: Voluntarily. >. lie April 30, 1987 ? d` Ms. Kennedy: Voluntary, I love it. Mr. Plummer: I move item 15. Ms. Kennedy: I second item.... Mr. Dawkins: What's in the covenant voluntarily? Ms. Kennedy: How much are we talking about, Marty? Unidentified male voice: Child care. Mr. Dawkins: You know, I keep... all right now, I want... I'm going to tell everybody here today, every time you guys come in volunteering a covenant for child care, I want something volunteered for parks and recreation. I mean, you just can't put everything in child care. Okay? Mr. Plummer: What happened to my black olives? Mr. Dawkins: No, no, no. I'm just saying, you're not going to put all the money in child care when the voluntary covenants come. I want something. And Marty, this doesn't apply to you at all. Mr. Fine: I understand. Mr. Dawkins: But I want everybody up... on my commission to understand... Ms. Kennedy: It applies to me, Marty. Mr. Dawkins: ... that the parks and recreation needs some voluntary covenants also. Mr. Plummer: You guys didn't know how cheap you got out with black olives, did you? Mr. Dawkins: I move 15. Mayor Suarez: Item 15... PZ-15 is moved. Seconded. i` Mr. Plummer: I moved 15, whatever. J —j Ms. Kennedy: I seconded. i Mayor Suarez: Is there anyone here that wishes to be heard on item PZ-15. i Mr. Plummer: Read the ordinance. i Mayor Suarez: Let the record reflect that no one stepped forward. Read the ordinance. (Note: At this time, Me. Dougherty read the ordinance.) 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 3664-3688 SOUTHWEST 26TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL USE TO COMMERCIAL/RESIDENTIAL USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote- _. 119 April 30, 1907 ' 0 61 AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 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. Mr. Plummer: Do I get to vote? 41. FIRST READING ORDINANCE: ZONING CHANGE AT 3684-88 S. W. 26 STREET FROM RG-1/3 TO CR-2/7 Mr. Dawkins: Move 16. Mayor Suarez: Companion item, PZ-16. Mr. Plummer: Don't I get to vote? Mayor Suarez: The Vice -Mayor wants to vote on the prior item. Ms. Hirai: I did call your name. Mr. Plummer: Yes. Mayor Suarez: Madame City Clerk. Ms. Kennedy: Second 16. Mayor Suarez: PZ-16 has been moved and seconded. It's a companion item. Let the record reflect that no one is asking to be heard for or against other than the applicant. Call the roll. ! Mr. Plummer: No, you've got to read the ordinance. i Mayor Suarez: Read the ordinance. (Note: Ms. Dougherty read the ordinance here.) Mayor Suarez: Now you're cooking. Now you're doing it right. 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 OF APPROXIMATELY 3684-3688 SOUTHWEST 26 STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7 COMMERCIAL -RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. - Was introduced by Commissioner Dawkins and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote- 120 3 L� April 30, 1981 �` AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 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. Mr. Plummer: Mr. Mayor, it is after 5:00 o'clock. Mayor Suarez: Wait, Marty wants to make a statement. Martin Fine, Esq.: Just for the record, my name is Martin Fine. We are here representing the applicant and I would want to make sure that Commissioner Carollo understands that we... that this item was deferred at his request. We showed him the model, he has seen it and said that, as I interpret it, that he feels that there... that he was satisfied with the questions but that he would consider favorably at first reading but wanted to look at it again. We'll be back again and we have a full model and I just want to make it clear that he was very cooperative in coming to visit with us and we're ready to meet and go back and review it with him and we'll be back here again, of course. Mayor Suarez: By the way, for the record, for those of you who are waiting for your items to be heard, we took it out of turn only because the counselor is meeting today with the Enterprise Foundation people who are in town; Jim Rouse specifically and heavily involved in our housing programs, not for any particular..... Mr. Fine: That's the only reason I asked for it, it wasn't a personal matter. We're hosting a dinner for Mr. Rouse tonight. We've been at breakfast, lunch, and we're doing dinner and things are going well, so I think we're going to build a lot of housing. Thank you very much. Mayor Suarez: Thank you, counselor. ----------------------------------------------------------- 42. CONTINUED DISCUSSION - GRANT DRIVE-IN PERMIT FOR TRUST BANK S. W. 22 AVENUE AND 6 STREET (See label 039) Mayor Suarez: Do you have the forms ready and everything else? You're set? Mr. Aurelio Durana, Esq.: We do, they have been filed now. We are duly registered. Mayor Suarez: Great, okay. We had a bunch of questions raised that you were j going to want to direct yourself to, counselor. Mr. Durana: The primary one is that that original plans proposed by the bank to which I believe there was no objection from the City Planning Department, was to have only one drive-in teller with ten stacking spaces. The way we had rearranged the plans, we now have three drive-in windows meaning that our customers would be processed a lot faster, namely three times faster and we have twelve stacking spaces, instead of the ten initially required. We also have the one space in front of the ten stacking and the one behind. That makes an additional three spaces. Mr. Plummer: Where is the original plan? With me, you got a shot on the original plan. You don't have any shot at all with me on this plan. Can I see the original plan? With the one drive-in teller. With ten stacking spaces. Mr. Durana: I might have it here. Just a second. 121 April 30, 4987 _ s Mayor Suarez: You've been at this a lot longer than I have, but let me ask you a question, Mr. Vice -Mayor, if I may. Mr. Plummer: Sure. Mayor Suarez: If the original had ten cars being stacked... Mr. Plummer: Yes, sir. Mayor Suarez: ... in one lane... Mr. Plummer: Yes, sir. Mayor Suarez: ... total. Mr. Plummer: Yes, sir. Mayor Suarez: ...and this one has twelve being stacked in three lanes, isn't that preferable? Mr. Plummer: Well, Mr. Mayor, I ask you then go to look at some of the banks where they have two and three tellers... Mayor Suarez: I'm just asking, I don't.... Mr. Plummer: ... the answer is "no." At certain rush peak periods of time, namely a Friday afternoon, you do find that all three tellers are active, they do have more than twelve customers at a time.... Mayor Suarez: I understand that, but if the original had ten and this one has twelve, that accommodates two more cars than the original would have. Mr. Plummer: The problem is simple. And that is, that any excess stacking goes on the street... Mayor Suarez: Right. Mr. Plummer: ... and that's the problem. Mayor Suarez: Whether it's ten or twelve and whether it's three lanes or two or one. Mr. Plummer: And you have no way... okay, here's the problem also. You have no way to mandate that these people have to have all three windows open at the same time. Mr. Durana: Mr. Mayor. Mr. Plummer: It sounds good and they'll tell you... Mayor Suarez: Well, I bet you we could find a way, but maybe that's, maybe that may be the point. i Mr. Durana: Mr. Mayor. Walter Pierces Mr. Mayor. Mayor Suarez: Everybody wants to talk at the same time. Lets... Walter, go ahead. Mr. Pierce: The question of the original plan was that there was a single window with ten spaces. It was the way that lane was configured that raised the question in the minds of the staff. Mayor Suarez: Oh, it may have had some other problems, but I'm just talking as to the issue of the stacking, you know, if you have twelve, that's better than ten, from the viewpoint of not crowding up the street, I would think. Mr. Durana: Mr. Mayor, we have duly registered a covenant by which the Trust Sank agrees to keep a security guard on duty at all times. Mayor Suarez: It's what? A security guard? 122 April 30, 1907 r- f C7 Mr. Durana: A security guard on duty to direct traffic away from 7th Street. Mayor Suarers Is he going to cash checks and stuff like that on those.... Mr. Durana: No, no, no. Mayor Suarez: He's not going to... that doesn't assure that the windows will be open. Mr. Durana: Precisely, yes. And all three windows are going to be manned at all times, in addition to the security guard. That is... those conditions are both.... Mayor Suarez: Course that's not in the covenant. Mr. Durana: They are, yes indeed, they are. Mayor Suarez: The three windows being open all the time is in the covenant? Mr. Durana: Yes, Mr. Mayor. Mr. Pierce: But just for the record, I will advise the commission that a covenant, in this instance, is superfluous. This is a resolution and you can apply any conditions that the zoning board and now at the commission that you think are appropriate. Mayor Suarez: You say superfluous. I mean, once it's recorded, it's going to be there and that's nice to know. Mr. Plummer: Who's going to enforce it? Mr. Pierce: So are your conditions. They are there and can only be changed by you. Mayor Suarez: The question of enforcement is another one. Okay. Mr. Taquechel: Let me explain that we have been working with the department on this particular project for over a year and this is the result of the best and possible usage that we can do on this application. And let me explain, especially, Mr. Plummer... please... Mr. Plummer: I'm not an architect. Mr. Taquechel: Please let me explain. Mr. Plummer: I could take and redesign that right now, okay? And give you better than ten spaces per drive-in teller lane. Mr. Taquechel: It is possible, but it requires a lot of changes, alley vacation... we went over that with the department and what I'm trying to explain, and if you please attention, I'd like to make my point. We have three in one; this is not a one lane that we are requiring... or requesting a variance. This has to work as a whole and this, as a facility as a whole, is much better than what the ordinance required. The ordinance required one stacking space, one space after the operation, we have three. The ordinance required one car being served, we have three. The ordinance required ten spaces, stacking spaces, we have twelve. In addition to that, our operation... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Taquechel: We can do it with one lane and we have three lanes that are being combined to give you three waiting positions, three leaving positions, and twelve stacking positions. The bank is committed to, number one, three operators at the same time; not one operator and twelve waiting positions. Three operators in each window with twelve waiting positions are going to move three time faster than one operator and ten stacking positions. And this is the application. It's not an application for variance on each individual lane, it's an application for the whole concept as one drive-in facility which is going to move faster; three times faster and is going to have twelve stacking spaces rather than ten and it's going to have three operating windows 123 April 309 1987 rather than one. The bank is committed to have an attendant in the area that you are concerned, which is here, to direct traffic either through the alley and around to come back if, by any chance, there's more than twelve cars and the bank is committed to have the three windows operated at the same time. Not only daily, but especially in the peak hours and after hours, after bank hours, those windows will be open. Now that's what I'm saying that... you say you're not an architect and I'm not a bank expert, but this is going to work better and it's going to provide faster facilities than one lane that could comply with the ordinance. That one lane complying with the ordinance would not move faster - it would not give you the service that this combination will give you. And that's what I wanted to explain. Mr. Plummer: Are you finished? Mr. Taquechel: Yes, I am. Mr. Plummer: Now you pay attention. Mr. Taquechel: Yes. Mr. Plummer: Show me how you're going to eliminate that bottleneck once those cars have been through those tellers? You have an absolute bottleneck if three cars try to come out of there at the same time. Mr. Taquechel: They don't have to come out at the same time. Mr. Plummer: But that's going to happen. Mr. Taquechel: But normally, normally let's say that two could be finished at the same time. They will be directed again through this area which can support the three cars until they go out on the public area... on the public streets. Mr. Dawkins: What street is that? Mr. Plummer: That's 22nd Avenue. Mr. Taquechel: This is 22nd Avenue and this is.... Mr. Plummer: Forty miles an hour. Mr. Taquechel: But you have the stacking provisions here. And the ordinance require that, not only the serving position but another position prior to get it in to the public right away - or public traffic. We have plenty of space before getting into the traffic. Mr. Plummer: Why don't you put your drive-in windows up at 22nd Avenue? Mr. Taquechel: On 22, you mean? Mr. Plummer: Yes, put them right there. Mr. Taquechel: Well... but all of the buildings are existing conditions. We could... Mr. Plummer: If they're going to exit that way, sir, they can have the — tellers out there... and you'd have more stacking off street. That's what - hey... Mr. Taquechel: It kills the parking. Mr. Plummer: What? Mr. Taquechel: It kills the existing parking. Mr. Plummer: Why? You're going to exit that way, you tell me. i ' Mr. Taquechel: Yes, but it's not the same as exiting or stacking. When you stack, you don't have the traffic. i Mr. Plummer: Sir, in my estimation, you want your cake and you want to eat It too. You are cutting down on the amount of stacking. You are going to be ` utilizing, for your private use, public alleys. 124 April 30, 1987 ksu a Mr. Taquechel: No. Mr. Plummer: What do you mean, no? Mr. Taquechel: We're not touching the alley at all. We are entering.... Mr. Plummer: You're not exiting at all by the alley? Mr. Taquechel: No, sir. The alley is here and it turns down to the west. Mr. Plummer: And you"re not using that. Mr. Taquechel: No, sir. Mr. Dawkins: May I ask a question, sir. Mr. Plummer: That's not what the department says. Mr. Taquechel: We have committed.... Mayor Suarez: Well, there can't be any provision to prevent the use of an alley that's open for anyone that wants to use it. Mr. Pierce: I'm simply responding to the Vice -Mayor's question. Mr. Dawkins: Let me ask a question, please. Let me ask one question. Mr. Taquechel: Yes, sir. Mr. Dawkins: Okay, how far is it.... Mr. Plummer: Do you know what that means? They're getting property without taxation. Mr. Dawkins: ... from the traffic light.... to where the cars start stacking? I mean, where the... yes, from there. Come out to the end. No, no. To the end of the alley right there. Yes, right where you were - right there. How far is it from the traffic light to there? Yeah, from there. Mr. Plummer: One, two, three, four.... Mr. Taquechel: From the light, maybe fifty, sixty feet. Mr. Dawkins: Fifty feet. How many cars can you... I mean, if the cars are stacked up, and they start backing out on 7th Avenue, how many cars... I mean 7th Street... how many cars would have to be backed up to be backed under the light? Unidentified male voice: Three. Mr. Taquechel: But again, the bank is.... i Mr. Dawkins: Now, and you've got three lanes of traffic... you got three lanes of traffic backed out on the street and the street is blocked up. Now you've got 7th Street tied up. Mr. Taquechel: Fine, but we have twelve positions to stack cars. Mr. Dawkins: Yes, but you also got people waiting for... see, once you get to twelve, you got to have somebody waiting. Maybe I'm not making sense. Mr. Taquechel: I don't know. But again, not only are we going to have twelve ' positions rather than ten but they're going to be moving three times faster. Mr. Dawkins: That's theory, okay? " Mr. Taquechel: Well, everything.... Mr. Dawkins: All right. Now, in the first lane I'm going to... in the first lane, I'm going to come up and all I want to do is cash a check. J. L. is going to come up and make a deposit for his funeral home, okay? ;I 125 April 90$ 1987 • • Mr. Plummer: I hope. Mr. Dawkins: Here's another guy, I mean, Rosario is going to come up and she wants change for her grocery store. You're talking about three different operations and where I'm going to zip in and zip out, the others are not going to zip in and zip out. Mr. Taquechel: Commissioner, the only thing I'm saying is, there is an ordinance and that ordinance required that drive-in tellers or drive-in lanes.... Mr. Dawkins: You know what now, I didn't want to say this, okay... Mr. Taquechel: Yes. Mr. Dawkins: You're right. There is an ordinance, but that's why we're up here, to keep you from taking the ordinance and using it to your advantage and make everybody else suffer. Mr. Taquechel: I understand. Mr. Dawkins: And you, what you're doing, sir, is taking the ordinance and want to wrap it around and do what you want to do with it and want us to say that's okay. Mr. Taquechel: I am sorry, sir. I understand your concern, but I don't agree with what you're saying. What I'm saying is, that the ordinance requires a minimum standards for a drive-in and what I am explaining, or trying to explain, is that the combination of this.... Mr. Dawkins: You have taken the ordinance and utilized it to your advantage, that's all you're saying, right? Mr. Taquechel: No, sir. What I'm saying, and again I'm sorry if I'm not getting my point across, but what I'm saying is that we're providing more than the ordinance required. Mr. Dawkins: Okay. What happens if you're exiting from your teller and the two parking spaces you've got there decide to back out? They've got to back out now to get out. Mr. Taquechel: I don't know what you're saying. Mr. Dawkins: Okay, show him. All right, see where he's there now? You got two cars parked there. Mr. Taquechel: Yes. Mr. Dawkins: The only way they can get out is back out. Mr. Taquechel: Yes, sir. i Mr. Dawkins: Now you got the cars coming from the teller to go out. You got i a bottleneck. j Mr.Taquechel: Yes. Mr. Dawkins: You got a bottleneck there. Mr. Taquechel: There's no conflict there. Mr. Dawkins: Isn't that possible? Mr. Taquechel: There is no conflict whatsoever. Mr. Dawkins: It has to be. Mr. Taquechel: No, there In not. Mayor Suarez: Amaro, if they drive very well, there would be no conflict. But if they turn just a little bit toward that lane there could be some. 126 April 90, 1907 t T ?=ti • s Mr. Taquechel: Well, everywhere you have cars and people driving, you could have a situation. Mayor Suarez: Sure. What I'm saying is, I'm sure that those two parking spaces are not essential to your plan. If you had to give them up.... Mr. Taquechel: They're not, and we.... Mayor Suarez: ... or one of them, at least so that it would reduce the chances of a collision, you would.... Mr. Taquechel: Yes, sir, and if that is a solution, we're willing and able to do that, yes, sir. Mr. Plummer: Well, I tell you that if you look at the original plans, where they come in off of 22nd Avenue, I say to you, if you cut down to two windows, okay, and come in here with three lanes as they did in the original conception, you've got eighteen - eighteen stacking spaces going into two.... Mayor Suarez: Three. Mr. Plummer: ...drive-in tellers. Mayor Suarez: Three lanes going into two windows and a total of eighteen stacking spaces. Mr. Plummer: That's nine - that's close to the ten that we asked. Mayor Suarez: I mean, its awfully close to the ten that's required by the statute. Mr. Plummer: I have no problem with it. That is a good plan. Mayor Suarez: Go ahead... go ahead and take the microphone, Ramon. That one's turned down by our... go ahead and grab the mike and give us your name and address if you want to say something. I gather you do. Mr. Ramon Sanchez: Commissioners, Mayor, my name is Ramon Sanchez from the Trust Bank. And frankly, I must agree with you and we had given a lot of serious consideration to the fact that we're extremely concerned with whatever we're doing to our city and our community. Mainly, when we have four banks, we have a couple more under construction at this time. The situation is difficult, but what we had there was even worse. So when we went to the planning and zoning board, we had what we thought a very viable plan that could work out which I thought it was much better than this one and I will agree with J. L. Plummer and I'm delighted that he made that comment. But we were turned down because of the fact that we were going in through 22nd - Avenue. And that's why you didn't like it and then we had to change it. Must I tell you that we have been working at this plan now for over a year and it has been very difficult, but I would say that I'm very proud of the way that whole city block now looks after we have been doing all the improvement that we have. And I'd like to explain to you in a minute.... Mayor Suarez: It sounds like you've made a lot of modifications to accommodate the city's proposals and then come back and we tell you that we like the original better than.... Mr. Sanchez: Well, it's just that it makes more sense, the original way we had it. It really did make a helluva lot more sense. But then in dealing with the city, at times, that's not very easy to accomplish. Mr. Plummer: Yeah - I understand - they're saying that you have to exit by the public alley is the problem. That's one of your exits. Mr. Carollos Let's, eh -can -can. Mr. Sanchez: Well, yes... that was one of the concerns. Mr. Plummer: It's one of the problems. 127 ' F April 30, 1907 F, i r Mr. Sanchez: That's why, see, we had made so many plans that it's been very difficult. Mow, what I'd like to also mention here is that I know you're concerned in peak hours and I already said that we gave the city a covenant with the security officer. And, also, okay, we were going to give you three tellers so we can speed up the process. I also gave you a study on a queueing theory that we did at our headquarter bank which is twice as big as this one and it shows that, not at any given time, we had more than six cars backing up during the rush hours. I'm talking about Friday night, which you are mainly concerned and Saturday, but I must admit to you, that our bank, at this time, has a level of two hundred million dollars. So if you're going to tell that in the future we're going to grow and it will become a problem, I must have said that. Mr. Carollo: If I may, I'd like to speed it up and try to save all of us some time here. Mr. Sanchez: Indeed. Mr. Carollo: I'm going to make a motion that we accept the zoning board's recommendation. However, the only addition that I want to add to that recommendation is that in a year's time, it also comes back to the city commission to make sure it is operating properly and that it hasn't gotten out of hand like the planning board apparently feels that it might. I think that in a year's time, we can see if it's working out and I'm sure its going to work out because you spent a lot of money, a lot of time, a lot of energy trying to put all of those parcels together. Mr. Sanchez: That's right, sir. Mr. Carollo: So I'm going to make a motion that we approve the zoning board's recommendation with the only additional stipulation that it also comes back a year from now to the City commission again for review after it passes the zoning board and the Public Works Department. Mr. Dawkins: I will be voting against the motion in that I feel like J. L.; the first plan submitted is the better one and I would be voting for that one if it were there. If it's not there, I will be voting "no." Ms. Kennedy: Under discussion even that plan —the building's right there, it's going to be very difficult to turn. Then you have a security on a public street. Mr. Sanchez: Well, let me see if.... Mr. Plummer: Security guard cannot direct traffic. Mr. Sanchez: Mrs. Kennedy, let me see if I can put your mind at ease. To bring you back into what I said, the one year permit is a part of the... what we're soliciting here today. In other words, we did agree that it was only on a one year basis. I have also five owners that I have to contend with because we are part owner of three of the properties and there is two other owners that are owners of the other properties. So it's not as easy as it may led to believe. We had come to the city with at least five different ways of doing • it — some of them better, some of them worse. In this one, if I give you only one teller window, I have twelve stacking... actually I have more because I have the three that I'm taking care of. So I have actually fifteen plus three more coming out. So, obviously, it's a lot more. Your concern mainly is that I do not violate the traffic pattern of the area. Now, I must tell you, in being fair to our bank, in within ten blocks of our banking facilities, there Is five banks that none of them have the backing space which I am now giving to you. And I can welcome to visit those areas and you will see that obviously the regulation was different and I don't want to use it as an excuse, but I competed with these people and I had.... Mr. Plummer: They are the very reason we changed the ordinance. Mr. Sanchez: That is correct, but, well, no not really because the use that they have for those facilities is not as great as it should be. Mr. Plummer: One of your competitors, five blocks away, is the one that made me bring this ordinance to this commission. 128 April 30, a Mr. Sanchez: Yes, that one has only two parking spaces... Mr. Carollo: If I may... Mr. Sanchez: ... we have agreed... we had been working with you. I think that Amaro was very kind in saying that it has been a year. It hasn't been a year. Its been more like a year and a half that we have signed, redesigned, going back, getting planning approval, denying the approval, then going to the... when we went to the zoning board, and it was approved by the zoning board on a vote of 8-1, we actually thought that we had accomplished what we said. If I give you the assurance which you will have, because I think that some of our buildings in this city has been to beautify always the city and never to be a hinder in the growth of this community which I like so much also, I feel that if you believe in what I'm telling you, that I will personally make sure that a security officer will stand guard and will not allow it, in any way, any back up. I guarantee you that that parking... that drive-in facility will work according to what you desire for a period... I only want a period of a year to prove it to you. Mr. Carollo: Mr. Sanchez, you need to clarify something that, I think my colleagues haven't understood, when you say security officer, it's their concern that a regular non -law enforcing security officer cannot handle traffic. What you're really referring to is a sworn City of Miami police officer working off duty, correct? Mr. Sanchez: I would be more than delighted to make it.... Mr. Carollo: That's what you mean by security officer. Mr. Sanchez: ... a police officer. Without a doubt. Mr. Carollo: Therefore, they could direct traffic in the street. Mr. Sanchez: I'd be more than glad to have a security officer, a police officer from the City of Miami on duty at that facility to comply with the needs of our bank. Mr. Carollo: We're not telling you what to have, I'm just clarifying that that's what I understood you said, to comply with the law. Mr. Sanchez: Correct. Mr. Dawkins: Let me make two statements. Number one, over here, staff. What's the difference between the ten required and why is ten required and the difference is what he's offering? I mean, somebody.... Mayor Suarez: Would your judgment be that this would be better traffic flow, that this.... Mr. Sanchez: Well, actually, Commissioner Dawkins, could I, could I.... Mayor Suarez: Wait, wait, wait, Ramon. That this would be better traffic flow with the three lanes going to three tellers than ten going to one. Mr. Sanchez: Oh, without a doubt. Mr. Taquechel: And a lot faster. Mayor Suarez: Department - the Commissioner's asking the department. You're on. George Campbell: The development of the requirement for the ten stacking spaces per teller, it's not... it doesn't work that you have three tellers and you've got twelve stacking spaces and, all of a sudden, you get through faster. It doesn't work. If you've gone through the Coconut Grove Sank, you can see just what happens there with... whether it's two or three or whatever, they stack up and it takes just as long, whether they have three tellers open or six. The requirement was brought about by going through queueing theory that it takes x number of seconds to clear a given transaction at the teller window and that the incidence of arrival of the cars is so fast so it works out that if you have ten stacking spaces, then you don't have extraneous vehicles backing up. 129 April: 90, 1"7' , Mayor Suarez: Well, but unless... But, George, unless you were to prove that because you have three lanes and three tellers you would attract that many more cars, queueing theory would say that the twelve... that more people would get through per minute with twelve stacking spaces and three tellers than one and ten. I don't think you... Mr. Sanchez: Without a doubt. Mr. Campbell: It takes just as long for any given transaction here. Mayor Suarez: Well, great, we got a yes and a no. It happens all the time at city hall. Mr. Dawkins: You are to be commended for what you did with the corner. That's number one, okay? Mr. Sanchez: Commissioner Dawkins, let me.... Mr. Dawkins: Because you have taken the corner and made a beautiful structure there.... Mr. Sanchez: I have tried. Mr. Dawkins: ... something that compliments the area, so now what we need to do now is get through with this and find out how we.... Mr. Sanchez: Let me.... Mr. Dawkins: ... can help you to continue to help the community look better.... Mr. Sanchez: That's right. Mr. Dawkins: ... so now what do we have to do to help him so we can get... move to the next item? Mr. Sanchez: Let me explain to you one thing because before I was banker actually I have a masters in operations research and queueing theory. I must disagree with your Planning Department director.... Mr. Dawkins: Well, you want his job? We can hire you.... Mayor Suarez: Well, I don't know, we got two different answers, anyhow. You know - we got a yes and a no. Mr. Sanchez: Right, because queueing theory... I have three different lanes - every ten seconds somebody would be arriving and would be leaving every three minutes, so you're servicing three cars every three minutes. Now, on the same queueing theory, if you serve only one lane you're serving every three minutes one car, so, therefore, it doesn't apply what he's saying. Because the reason we went to that is because I submitted to you a study on queueing theory. So what are we talking about here, I really don't understand. r. ' Mr. Dawkins: Rebuttal - rebuttal - rebuttal. Okay, nothing, nothing. No problem, no problem. He wasn't even listening, go ahead. No problem. Mr. Campbell: We didn't receive any study on this particular bank. Mr. Carollo: Who came first, the chicken or the egg? Mr. Sanchez: No, I can prove that very easy. I bring a book and that.... Mayor Suarez: Well, what you would lose, Ramon, would be if somebody could show that because you have the three lanes, you have that many more people wanting to get in here. And, then, you might have a problem, but that would be a modification on the model.... Mr. Sanchez: Mayor, and I also ... and I also... listen. Also, if we're • going to do something beneficial to all the bankers here, you're taking ten car stacking and you're using 22 feet per car. You should analyze that, that has been drastically reduced in the last five years by the automobile industry 130 April. 10, 3907 and you're making 220 feet, which is almost city block to try to do a drive-in and some of the.... Mr. Carollo: I made a motion. Mr. Sanchez: ... that analysis should be studied by you people. Mayor Suarez: Yes, we have a motion. I don't know if we have a second. Mr. Dawkins: Ask a second time. Mayor Suarez: What was the motion once again Commissioner? To accept.... Mr. Carollo: Motion was to uphold the zoning board's recommendation, but to include that they also have to come back before the Miami City Commission within twelve months. Mayor Suarez: I second it. Mr. Plummer: There is a motion made and seconded. Under discussion. Mr. Olmedillo: You have three items. Mr. Plummer: Excuse me. Mr. Olmedillo: You have three items to vote on. Mr. Plummer: We're only speaking to the first one. The first one is item number four - three or four? Mr. Olmedillo: Four. Mr. Plummer: Four. That's what I thought. Under discussion, I will be voting against the motion. I think a much better plan can be devised than this. I think... is the covenant so restrictive that if I were to go there any time the bank is open and all three operators are not there, it closes it down? Mr. Olmedillo: No, sir. Mr. Sanchez: I'd like to make it that way for you, if you like sir. According to my lawyer, it is right now. We're not here to create a nuisance. We're here to have a lively bank in the City of Miami so I can serve my customers of your own city. Mr. Plummer: Your covenant now only speaks to rush hour traffic. Mr. Sanchez: Well, frankly, between you and I, there is only two hours during the week where you could be concerned. Because any other time, there is only one or two cars at the drive-in. Mr. Plummer: Okay. I - look.... Mr. Sanchez: That's what your city asks. I'd like to amend that if you like to make it 24 hours a day. Mr. Plummer: No, I'm sure you don't want it when you're not open. Mr. Sanchez: Buono. If want... if you want it, I give it to you. Mr. Plummer: Well, look, I still think that there is a safety question here. I tell you that honestly, okay? And at this particular time, I would think that it could be worked on more. But the motion is on the floor. I've made my position clear. Ms. Kennedy: I feel the same way, I'm looking at all the alternatives and you say that you've been working hard - I just don't think this is going to work. Mr. Plummer: Any further discussion? Mr. Sanchez: Well, it's just that the only doubts that you people have is the i security officer and our armed police from the City of Miami, and I'm willing y to give it to you. 131 Ap�cil 30, l4�y a Mr. Plummer: That's not my concern. Mr. Sanchez: There shouldn't be any other one. Mr. Plummer: My concern, sir. My concern is simple and that would be the stacking in the street. That's where the safety problem comes in. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: . RESOLUTION NO. 87-400 A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN FACILITIES FOR THE TRUST BANK, A FINANCIAL INSTITUTION, LOCATED AT APPROXIMATELY 700-798 SOUTHWEST 22ND AVENUE AND APPROXIMATELY 2201-2221 SOUTHWEST EIGHT STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN, AS PER PLANS ON FILE SUBJECT TO A REVIEW BY THE ZONING BOARD ONE (1) YEAR AFTER DATE OF ISSUANCE OF CERTIFICATE OF OCCUPANCY, AND PROVIDING THE DEDICATION AS REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; ZONED CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL). THIS SPECIAL EXCEPTION IS SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. THIS SPECIAL EXCEPTION IS FILED IN CONJUNCTION WITH SPECIAL EXCEPTIONS FOR REDUCTION IN THE NUMBER OF RESERVOIR SPACES FOR A DRIVE-IN FACILITY ON ABOVE SITE AND A SURFACE PARKING LOT AT 2220 SOUTHWEST 7TH STREET. — (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 Joe Carollo Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. ABSENT: None. DURING ROLL CALL: Ms. Kennedy: I'll tell you what, I'm going to go along with it for one year, and then come back for review. Mr. Sanchez: Thank you, I really appreciate it Ms. Kennedy. Mr. Dawkins: I have no problems with the bank, the bank's done a wonderful job, they're good.... Mr. Sanchez: I heard you very well, sir. Thank you very much, Commissioner Dawkins. Mr. Dawkins: I have no problems with the bank, the bank is doing a tremendous job; they went on the corner and took an eyesore and made it a beautiful building. But I still think the first plan that you submitted is a much better one than this, and that's the only reason I'm voting against this one. Me. Kennedy: You thanked him too soon. Mr. Carollo: I vote yes, he can come back in a year. Mr. Sanchez: Thank you very much. Thank you to all of you. Mr. Plummer: I vote no, same thing. \r 132 April 40, 1987 �; a a Mr. Sanchez: Mr. Plummer, I promise you you won't have any problem. Thank you, Mayor. Mayor Suarez: Thank you. ----------------------------------------------------------------------------- 43. GRANT REDUCTION OF NUMBER OF RESERVOIR SPACES FOR DRIVE-IN AT S. W. 22 AVENUE AND 8 STREET (TRUST BANK) ------------------------------------------------------------------------------ Mr. Plummer: Wait a minute - wait a minute. That's only four, you got five and six. Mayor Suarez: PZ-6. No, it was 5, we got 6 and 7. Mr. Plummer: You got 5 also. What does 5 relate to? Me. Kennedy: Five is a reduction of the reservoir spaces. Mayor Suarez: That was 4, you're right. PZ-5. Mr. Plummer: This speaks to the stacking. Mr. Olmedillo: Yes, yes. Mayor Suarez: PZ-5; what are we waiting for? Hello - is everybody alive? PZ-5 - do you have to tell us anything additional. Is it companion? Do you.... Mr. Sanchez: We made the presentation 4, 5, and 6, sir. Mayor Suarez: Okay, I'll entertain a motion on PZ-5. It's going to die for lack of interest. Either way. Yes? No. Maybe. Come back some other day. Mr. Plummer: Make a motion to deny. Mr. Dawkins: You speak English? Mayor Suarez: Where are our other two valiant commissioners? Mr. Plummer: Well, you heard something. You wanted to hear something, right? Mr. Sanchez: I want you to know.... Mayor Suarez: Oh, you made a.... I'm sorry. You made a motion? Mr. Plummer: I made.a motion to deny. Mr. Sanchez: Commissioner Plummer is going to vote "yes" for five and six, so... there shouldn't be any problem. Mayor Suarez: Sir? Mr. Sanchez: Commissioner Plummer is going to vote "yes" for five and six, so... there shouldn't be any problem. Mr. Plummer: Six I'm going to vote favorably on. Mr. Sanchez: Thank you. Mayor Suarez: PZ-5, do we have a motion? Do we need to hear from the applicant, from the city - it's a companion item, it's.... Mr. Dawkins: What's your recommendation on five, Walter? Mayor Suarez: This is the, ah, I guess if we voted in favor of four, we have to consistently vote in favor of five because this is the actual reduction is the number of spaces. Mr. Olmedillo: Yes... This is the real reduction of reservoir spaces. 133 April 30, 1,907 ,� `r r] Mr. Dawkins: No, no you don't, Mr. Mayor. Mayor Suarez: Yes, you're really smart, aren't you. Mr. Pierce: Our recommendation continues to be for denial. Mayor Suarez: Yes, yes, I know you're going to recommend the same way. Commissioners. PZ-5, companion item.... Mr. Carollo: So moved. Mayor Suarez: Moved. Mr. Dawkins: Joe moved five... no, Plummer moved to deny but it died for a second. Mr. Plummer: It died for a lack of second. Mayor Suarez: PZ-5. Moved Mr. Carollo: I'll tell you, the Mayor's finally learning - he's following my lead now. That's good. Mr. Dawkins: That means you won't run against him, huh? Ms. Kennedy: Is this a soft denial? Mr. Plummer: A soft denial? Mr. Olmedillo: Item five is the real reduction of reservoir spaces. I don't know if you were aware of that but.... Mayor Suarez: Item 5 and 6 are integrally connected.... Mr. Plummer: What is a soft denial? Mayor Suarez: I won't touch that one. Mr. Olmedillo: ... but five is the one which addresses the reduction of spaces. Mayor Suarez: We have a motion on PZ-5 to accept the reduction of stacking spaces. Do we have a second? Mr. Carollo: That's a motion. Mayor Suarez: I second it. Mr. Carollo: You second it. Mayor Suarez: Does that help? That helps. I seconded it, Mr. Vice -Mayor. Mr. Plummer: Motion made and duly seconded. Is there discussion? Ms. Kennedy: I get to be revised in a year, correct? -j Mr. Olmedillo: Review in a year. Mr. Plummer: You get a review in a year or we close them down if any time we go there of the bank operational hours and they don't have three windows open. Mr. Olmedillo: Manned - operating - with people in it. Mr. Plummer: You say manned, I said in operation. Could be a woman. Any further discussion? Mr. Olmedillo: Womened. Mr. Plummer: Staffed. :u r s' Ms. Kennedy: Staffed.. — 134 AP01 30, 198 I � � 1l Mr. Plummer: Any further discussion? Call the roll, please. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 87-401 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE'9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2031, SUBSECTION 2031.2 TO PERMIT A REDUCTION IN THE NUMBER OF RESERVOIR SPACES FROM A REQUIRED MINIMUM OF 10 RO 4 RESERVOIR SPACES ON LANE 1, FROM 10 TO 4 RESERVOIR SPACES ON LANE 2, AND FROM 10 TO 4 RESERVOIR SPACES ON LANE 3 FOR THE PROPOSED DRIVE-IN FACILITY FOR THE TRUST BANK, A FINANCIAL INSTITUTION, LOCATED AT APPROXIMATELY 700-798 SOUTHWEST 22ND AVENUE AND APPROXIMATELY 2201-2221 SOUTHWEST EIGHT STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN, AS PER PLANS ON FILE SUBJECT TO THREE (3) STAFF PERSONS ATTENDING THE THREE (3) TELLER WINDOWS ON MONDAY THROUGH FRIDAY, FROM THE HOURS OF 4:00 P.M. TO CLOSING ON EACH DAY AND WITH AN ADDITIONAL EMPLOYEE ON DUTY DURING THIS TIME TO KEEP STACKING LANES OUT OF SOUTHWEST 7TH STREET, AND WITH A TIME LIMITATION OF TWELVE MONTHS TO OBTAIN A BUILDING PERMIT; ZONED CR- 3/7 COMMERCIAL RESIDENTIAL (GENERAL). THIS SPECIAL EXCEPTION IS FILED IN CONJUNCTION WITH PETITIONS FOR SPECIAL EXCEPTIONS TO PERMIT A DRIVE-IN FACILITY AND A SURFACE PARKING LOT AT 2220 SOUTHWEST 7TH STREET. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor J. L. Plummer, Jr. ABSENT: None. 44. GRANT PERMIT FOR PARKING LOT AT 2220 S. W. 7 STREET (TRUST BANK) Mayor Suarez: PZ-6. Ms. Kennedy: Six I have no problems with, I move it. Mayor Suarez: I guess no one has any problem with six. Mr. Plummer: Well, wait a minute, there is a problem. Ms. Kennedy: What is the problem. Mr. Plummer: My understanding is you paved without a permit. 3 Ms. Kennedy: What? 1 Mr. Sanchez: Frankly, I couldn't answer that because there has been some problems, okay.... 0 ?r 135 Apr11 30. 1987 { Mr. Dawkins: Move six. Ms. Kennedy: Well, wait a second. Mr. Plummer: No, no, I'm asking a question. Is the lot paved? - Mr. Sanchez: Yes, it is. Mr. Plummer: Was there a permit taken out? Mr. Sanchez: No, it Masn't. But let me tell you.... Mr. Dawkins: Ohhh, I get... ah, I get some recreational.... Mr. Sanchez: Hold it. May I tell you what happened? That - that - that was paved.... Mayor Suarez: I think you're about to find out about how much you're going to pay for it, is what you're going.... Mr. Sanchez: ...listen, that was paved... but its just that that was paved before by the bank that was there. The only thing I'm doing, I'm correcting a violation that the other bank had. Mayor Suarez: Ah ha. Mr. Plummer: Let me ask you this question in all seriousness. Mayor Suarez: Blame it on the prior guy. Mr. Carollo: Can we ask something of you? Mr. Plummer: Mr. Pierce. Mr. Pierce: Yes, sir. Mr. Carollo: On the record. J. L.? Mr. Plummer: Does the present occupation of that lot, the way it is, does it meet the specs of the city code? Mr. Pierce: I will allow... have the zoning administrator respond to that. But the lot was paved without a permit. Mr. Dawkins: He said that, but he said that he didn't do it. We can hold him responsible. Mr. Plummer: Okay, but... okay, you know.... Mr. Sanchez: Let me explain that. Mr. Pierce: Mr. Dawkins, sir, with all due respect. When we go against someone for an enforcement matter, it matters not who did it, we go after the current owner of the property. Mr. Dawkins: We're going to make him pay, but I just want him to know he's • not.... Mr. Pierce: So he's responsible if he's the current owner. Mr. Plummer: Yeah, but what is this I'm reading in the paper about a bank down on S. W. Sth street where the neighbors want to scalp them. Mr. Pierce: Different bank= you'll be seeing them in about a month. Mr. Carollo: That was a big different story. Mr. Sanchez: Listen, let me explain what happened here.... Ms. Kennedy: later. That's General Federal you're going to be hearing about them 136 April ;Q, 7a3_ - Mr. Carollo: Way different story. Mr. Sanchez: When we bought this property, guys, that parking lot was already made by an owner. Mr. Plummer: Does the lot, as it presently exists, meet the code for parking? Mr. Joseph Genuardi: Not as it presently exists, no, it does not. Mr. Dawkins: What are the violations? Mr. Genuardi: Well, it was paved without a permit and.... Mr. Dawkins: So, we'll buy a permit, what's another violation? Mr. Genuardi: And we don't know if the spaces meet the standards.... Mr. Plummer: Well, may I suggest to my colleagues that we approve six.... Mr. Pierce: We also don't know if the paving meets the technical requirements either. Mr. Plummer: ... subject to them bringing it up to code, and I'll vote for ! that. Mr. Sanchez: The only thing I'm here for is to bring it up to code and to - erase the violation that the city had. Mr. Plummer: You're here to try to make it legal. Mr. Sanchez: That's what I'm trying to do, yes. Mr. Carollo: Both... hold on... we have no choice. Gentlemen, you know I don't know what the heck deal we're waiting for over there, but I do think that these are the kinds of things that you should tell us so that we don't end up being embarrassed after we make a motion. If you would have just told us, we would have incorporated what Commissioner Plummer said into the motion. It would have been simply done. Mr. Genuardi: Well, it was on the record. We didn't have the opportunity to - tell you at this point. Mr. Carollo: What I want to ask Mr. Sanchez is, that.... Mr. Sanchez: Yes, sir. - Mr. Carollo: I think I have heard something that you all wanted to volunteer - some equipment to some needy organization in this city.... Mr. Sanchez: Yes, I've been asked and I'd be more than delighted. Mr. Carollo: ... and there's a real needy one, its called Centro Meter. It's not too far from where you're at. Mr. Sanchez: Well.... Mr. Carollo: Maybe if you could tell us, you know, what commitment you might want to make and get a hold of them, you know, it's one of the best - organizations around with the Catholic Church, and I'm sure that you could work out a defined agreement with them that will probably and up being tax deductible to you, anyway. Mr. Sanchez: Well, I must explain to you, Commissioner Carollo, that my wife is the Chairman for the Ball of Centro Meter. The Centro Mater, in my :4 household.... i, ry Mr. Carollo: I know that. Mr. Sanchez: ... has been the main charity that we have dedicated ourselves to. I'd be more.... _ Mayor Suarez: The more you talk, the riskier it gets for you. 137 Aprl.1 30, - 90 µ* M Mr. Sanchez: I'd be more than glad, okay, to take care of every... any needs that they have as we've done in the past and I will do an extra effort to just give them what they need and I will get in touch with them. Mr. Carollo: Okay, can you, after you get in touch with them, can you let us know exactly what you did for them? Mr. Sanchez: I will send a letter to all of you explaining you of our donation and what we did for them. Mr. Carollo: Very good. Mr. Sanchez: But, I want you to know that the Trust Bank has done an awful lot for charitable work in the City of Hialeah and Miami. Mr. Carollo: We know that. We know that. Mr. Sanchez: Okay? _ Mayor Suarez: This is part of bringing the lot up to code, of course. We understand that. Mr. Sanchez: Thank you very much. Mayor Suarez: We have a.... I'll entertain a motion on PZ-6. Do we have it? Ms. Kennedy: There is a motion. Ms. Hirai: We have a motion, I need a second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Ms. Hirai: Do you second, Commissioner Carollo? Mr. Carollo: Excuse me, for the record. We are incorporating subject to, on both of those two motions, okay? Ms. Hirai: Yes, sir. Mr. Carollo: Okay, yes. Mayor Suarez: Yes, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: - RESOLUTION NO. 87-402 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2 TO PERMIT A SURFACE PARKING LOT FOR THE PARKING OF PRIVATE PASSENGER VEHICLES ONLY LOCATED AT 2220 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, IN CONJUNCTION WITH THE TRUST BANK, A ' FINANCIAL INSTITUTION, LOCATED AT 2205 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; ZONED RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL. THIS SPECIAL EXCEPTION PETITION WAS FILED IN CONJUNCTION WITH PETITIONS FOR SPECIAL EXCEPTIONS TO PERMIT A DRIVE-IN FACILITY AND A REDUCTION IN THE NUMBER OF RESERVOIR SPACES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) tr Upon being seconded by Commissioner Carollo, the resolution Man passed and adopted by the following vote- 138 AprilQ, rr AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Vice -Mayor J. L. Plummer, Jr. NOTE FOR THE RECORD: , At this point items PZ-8 and PZ-9 were deferred to May 28, 1967. These items were later passed denying the appeals. (See label 46). 45. GERALD MC DONALD WAS INTRODUCED AS MANAGER OF MIAMI ARENA Mayor Suarez: We have Mr. Gerald McDonald who hails from, well at least recently in Daytona, right? With their Sports and Exhibition Authority? Mr. Dean Patrineli: Dean Patrineli, managing partner of DACOMA Venture. I know you all are real busy today. In just a minute, I want to introduce Cliff Wallace, my operating partner in DACOMA, who will introduce the new general manager of the arena. Mr. Cliff Wallace: Mr. Mayor and members of the commission, I am Cliff Wallace, the president of Leisure Management and the operating arm of DACOMA. Without too much introduction, I want to say to you, that, independent of our contractual obligations, on the part of DACOMA to manage your new arena which is going to be, not only world class, but one of the country's finest, we, through a very successful effort in the last several months have identified the person who we consider to be, not only one of the most competent and respected individuals in this country, but an individual from a sister Florida community who has decided to come to Miami as the manager... general manager of the Miami Arena and will prepare for its opening a year from now. It's a great pleasure, a very good pleasure and I'm very happy to introduce to you, just fdr a few minutes and a few remarks, Mr. Gerald McDonald, who is now the Director of the Ocean Center in Daytona Beach, Florida, and in about four weeks will be the general manager of the Miami Arena. Mr. Gerald McDonald: Thank you, Cliff. I am very glad to be in Miami. I'd like to say that I'm looking forward to the opening and the management of the new Miami Arena. This will be the second facility that I have opened. I did open the Ocean Center in Daytona Beach which was a forty million dollar project that opened back in 1985. I'd like to congratulate the City Commission and the Miami Sports and Exhibition Authority for the project that you've put together and our goal is not only to make this facility the best facility in the State of Florida, but to make this facility the premiere facility in the United States, and with the market, with the building, and with your support we can do that. Thank you very much. Mayor Suarez: Guess you go by Jerry, so.... Mr. McDonald: Yes. Mayor Suarez: Thank you, Jerry. Ms. Kennedy: God speed to you. Mayor Suarez: Yes, good luck in all endeavors and make sure lot of money and its full all the time and etc., etc. Mr. McDonald: Thank you, Dean. Mr. Patrineli: Thank you. 139 that it makes a y n. April 94, 1967' ------- - ---- - --- - --------------- -- - ------------------------ - - -- 46.A - GRANT VARIANCE TO CONSTRUCT LOW INCOME HOUSING PROJECT AT 542 S. W. 1 STREET 46.B - DENY VARIANCE TO CONSTRUCT LOW INCOME HOUSING PROJECT AT 501 S. W. 1 STREET Mayor Suarez: You're waving back there, Steve. Are you trying to tell us the... remind us of the "no" item. I see the no's all over the place here. PZ-17 is the one we promised to take at 5:00 p.m. Mr. Carollo: Did we do PZ-9 also, or not? Mayor Suarez: Yes, that.... Mr. Carollo: We did eight. Ms. Dougherty: Commissioner.... Mayor Suarez: Eight and nine are companion items. Ms. Dougherty: Mr. Mayor, could we get a formal vote denying the appeal on PZ-8 and 9? They need to pull their building permit. That's the one we just considered. Mr. Carollo: So moved. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolutions were introduced by Commissioner Carollo, who moved their adoption: RESOLUTION NO. 87-403 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, CR COMMERCIAL RESIDENTIAL (GENERALLY), MINIMUM OPEN SPACE REQUIREMENTS, MINIMUM OFF STREET PARKING, TABLE 1 AND ARTICLE 20, SECTIONS 2013, 2017 (SUBSECTION 2017.2) AND 2023 (SUBSECTION 2023.4) TO ALLOW CONSTRUCTION OF A 57-UNIT LOW TO MODERATE INCOME HOUSING PROJECT (THROUGH THE EAST LITTLE HAVANA HOUSING VENTURE, ON THE PROPERTY LOCATED AT 542 SOUTHWEST 1ST STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE; PROVIDING REAR YARD OF 23 FEET 10 INCHES (27' 6" REQUIRED); 0 LOADING STALLS (1 STALL REQUIRED); 57 OF 63 REQUIRED OFF STREET PARKING SPACES, AND PROVIDING 43Z COMPACT PARKING SPACES - 24 SPACES (352 - 20 COMPACT PARKING SPACES ALLOWED) SUBJECT TO A REVIEW BY THE ZONING BOARD ONE (1) YEAR AFTER ISSUANCE OF THE CERTIFICATE OF OCCUPANCY ZONED CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY). THIS VARIANCE APPLICATION HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT !LUST BE OBTAINED. (Here follows body of resolution, omitted here and on File in the Office of the City Clerk 140 Apr11:30, Pp:. RESOLUTION NO. 87-403.1 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, CR COMMERCIAL RESIDENTIAL (GENERALLY), MINIMUM OPEN SPACE REQUIREMENTS, MINIMUM OFF STREET PARKING, TABLE 1 AND ARTICLE 20, SECTIONS 2013, 2017 (SUBSECTION 2017.2) AND 2023 (SUBSECTION 2023.4) TO ALLOW CONSTRUCTION OF A 57-UNIT LOW TO MODERATE INCOME HOUSING PROJECT (THROUGH THE EAST LITTLE HAVANA HOUSING VENTURE), FOR THE PROPERTY LOCATED AT 501 SOUTHWEST 1 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), PROVIDING NORTH SIDE YARD OF 23 FEET 10 INCHES (27' 6" REQUIRED); 0 LOADING STALLS (1 STALL REQUIRED); 57 OF 63 REQUIRED OFF STREET PARKING SPACES - 24 SPACES (352 - 20 COMPACT PARKING SPACES ALLOWED) SUBJECT TO A REVIEW BY THE ZONING BOARD ONE (1) YEAR AFTER ISSUANCE OF THE CERTIFICATE OF OCCUPANCY; ZONED CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL). THIS VARIANCE APPLICATION HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk Upon being seconded by Commissioner Kennedy, the resolutions were passed and adopted by the following vote - AYES: Commissioner Joe Carollo _ Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Ms. Kennedy: Ten also is very fast Mayor Suarez: Go forth and get all kinds of money from the Enterprise Foundation tonight now, for housing. NOTE FOR THE RECORD: Item PZ-10 was withdrawn by the administration. 47. LONG PUBLIC HEARING, FIRST READING ORDINANCE: APPROVE S. W 27 AVENUE GATEWAY DISTRICT (See label #49-A) Mayor Suarez: Okay. The item that was promised for 5:00 p.m. was PZ-177 Mr. Olmedillo: Mr. Mayor, PZ-17 is the SPI 13 is the creation of the SPI district to be placed into the ordinance. Eighteen through 22 are the items, the actual rezoning, 18 and 19 is the SPI application on the geographical areas, and 20, 21, and 22 are subsequent zoning changes. The last time that we met on this particular item, you instructed us to go back to the.... Mayor Suarez: Guillermo. Let me recede a second here and ask you to state your qualifications on the record, please, sir. r, Mr. Olmedilio: Yes, sir. Mayor Suarez: Professional, academic, and otherwise. i rl�J 141 April 90. 19C7i Mr. Olmedillo: Okay. Back in history, 160-162, I graduated from Coral Gables High School; 162 - 1967, attended University of Miami. I obtained a Bachelor Degree in architecture. 167-168, I went back to South America, to my country, Venezuela, and I worked for Centab, which is a Swedish trans -national company, as an architect. 168-171, I worked in the Ministry of Public Works, Caracas, Venezuela as a planner I and a planner II. I was the head of the new town program and the counterpart for a team from England, which is a company called Lewelyn, Davis, Weeks, Forrester, Walker Bohr & Smulian, who are British planners who work internationally. I was the head of the plans for three new towns which were planned in Venezuela. 171-'72, I went to MIT for my graduate work in regional planning. I worked under Kevin Lynch, Lloyd Rodwin, Karen Polanski, and Victor Vietoriz. All my grades are in my personal file. 1972- 1974, I was chief of regional planning for the capital region in Caracas. I did the work on the comprehensive plan for the four cities which comprehend the capital region. 174-175, 1 was chief of urban development, Fondo Nacional de Desarrollo Urbano, again, in Caracas. It's a national bank for land and housing development. 175-176, I was advisor to the Caracas Planning Commission. 176 - 1984, I founded my own corporation, called Planurca and I did regional planning, urban design, and I was involved in financial consultation. I was advisor to Crenca Sociedad Financiers, a mortgage bank; I was advisor to Metroamerica, which is a branch of the Bank of America in Caracas; I was a member of the board of directors of Banco de los Llanos, which is a commercial bank; I worked on several private developments, also this list is in my file - my personal file. Since April, 1985, I joined the Planning Department of the City of Miami as chief of the neighborhood division. In September, 1985, I was designated to be in charge of the land development division, as well as keeping the neighborhood division, up to this moment. Mayor Suarez: Still going to vote against you, but that's impressive. Mr. Plummer: It's a helluva commercial. Mr. Olmedillo: Thank you. Mr. Plummer: Hope you don't ask for a pay raise. Mr. Olmedillo: The... as you remember, you instructed us to meet once more with the neighbors and try to have a workshop. On April 7th, we met in these chambers, the comments were added to your packet, then we asked, indicated by Mr. Walter Pierce, we held another workshop at the Planning Department. The first one did not satisfy all of the neighbors who were here because they thought that the environment was not conducive to a workshop. I'm going to take you a little back in history, about three or four years ago, - this city commission was reviewing some zoning applications which occurred on Tigertail and 27th Avenue; there was a PDMU granted on that corner. Then there was an R02.1/6 granted across the street .on Day and Center and then, there was the... this property, presently the Terremark property which was rezoned to an R02.1/5. All these changes or all this development pressure made the commission require the Planning Department to come back with a study which will address the whole area and not in bits and pieces. The Planning Department has been working for the last two and a half years on this plan and you have seen it a couple of times we have gone back to the neighbors and to the community during many meetings, approximately 28 or 29 meetings, the... Mayor Suarez: Guillermo,the artery that has right - just where you have the middle finger - right - that one is Bird Avenue? Mr. Olmedillo: Bird Avenue. Mayor Suarez: Because it only reads Avenue there. Okay. Mr. Olmedillo: What this plan shows is just what today is a mixed use district on 27th Avenue proper. That is, these two properties on the south were the ones that were rezoned and they obtained a mixed use type of zoning. This is the other property that was rezoned within the last three or four years. With the SPI 13, what we're trying to do is create a district which would address the main concerns that we found when we conducted the study. Basically, what we had was a street, 27th Avenue, which was going to be widened as a county road. We found a very stable residential area to the east of 27th Avenue; a decaying residential area to the west of 27th Avenue. The Incentives did not seem to be there to have any reconstruction of 27th 142 April 300 1907 k"' Avenue - that is, the construction on 27th Avenue. The technical position is that we were to create a certain incentive without getting to the intensity numbers that we were getting by the individual zoning applications. The SPI 13 is trying to encourage activities along 27th Avenue generating pedestrian street life, connecting the Metro Station to the Grove Village and to Dinner Key. The special provisions that we have in SPI 13 is that we required a class C special permit which, those two things, the one thing it does is that allows the Planning Department to have a review of every single project and the other thing .....it allows is that, according to the ordinance, any decision by the planning director can be appealed to the boards and, consequently, to the'City Commission. One provision that we have so that people would not deviate very much from what is stated within the plan, is that no variance shall be applied for within the district. The uses; basically we have retail or residential uses which will have the principal external orientation along 27th Avenue maximizing ground level usage. A minimum of 60% of the total street level frontage must be used for these type of uses which I will list later. Driveways will be limited; the principal uses, and this came as a discussion, or as... through many discussions, we arrived at the list of uses. Originally, we had opened very few commercial uses, but as time progressed and as the meetings progressed, people were bringing in the need for other commercial uses within this area. The minimum lot frontage to apply the SPI 13 district would be 100 feet. We have a floor area limitation of 1.0 FAR so that you may make a comparison. Today what there is on 27th Avenue, is .75 except for Bird which has SPI2, which is in excess of 2.0 FAR and the zoning changes which were granted were a sector 6, which is 1.21 FAR which is above.... Mayor Suarez: ...typically. Mr. Olmedillo: ...typically, yes, sir. Mayor Suarez: Not all of them were at 1.21. Mr. Olmedillo: The PDMU wants a sector six. The Day and Center Building wants a sector six, so... Mayor Suarez: All 1.21. Do you propose to go to 1 point.... Mr. Olmedillo: Zero. The front yards we try to address this district in a special manner so that people would have a more pleasant area to walk in. If you'll bear with me, I'll... The building profile that we have proposed, the building envelope, is that we have on 27th Avenue which will be the one on your left, would have a 15 foot sidewalk. Then, a five foot setback for the height of the first story. Then, we have the building, which, in the rear has a 15 foot setback - right now, its a 10 foot setback. Then we have, what we call a plane two, that is how high the first wall can occur is 12 feet and then we swing an angle of sixty degrees that is to recess the building away from the residential. In this particular case, the residential will be back In here. As you can see, we have increased the setback and the rear to separate the activities. Then we have.... Mayor Suarez: Make sure when you say that you have increased... you say Increased in comparison to the existing or... Mr. Olmedillo: ... to the existing one. Mayor Suarez: ...in comparison to your prior proposal? Mr. Olmedillo: No, to the existing one. Today, under the RG; 2/5, 143 April 30, 1907 or RO-2/1, which exist on the area. They have a ten foot setback. The rear yard, as I said, is 15 feet, then we went into the intensity element, and we provided, we are providing two alternatives of development. If the developer chose to go two level of commercial, then he can only have three levels total. If he chose to go to one level commercial, he can have up to four levels. That way... Mr. Plummer: That would be understood, the other three, or the others would be residential? Mr. Olmedillo: It is a mixed use. Basically, what we are proposing is a mixed use, which can be office and/or residential. Mr. Dawkins: Well, is it office/commercial? Are you going to have office and commercial, I mean, office and apartment, that is not commercial! Mr. Olmedillo: Not strictly speaking the way that we have an ordinance drafted. We have offices, it is a land use which is different than a commercial. Commercial implies the sale of a merchandise. Mr. Dawkins: No, no, commercial to me, in the first alternate "A". Mr. Olmedillo: Right. Mr. Dawkins: If you are talking about commercial, that is commercial on the first and the second floor, all right? Mr. Olmedillo: That is correct, sir. Mr. Dawkins: Now, if you go to alternate "B", to me, commercial is on the first floor and residential is on the next three. Mr. Olmedillo: Residential or office. Mrs. Kennedy: Or office, or office. Mr. Dawkins: No, hell... Mr. Olmedillo: This is a proposal, I see your point, but this is a proposal we are making, OK?... and the maximum height is 50 feet. The provision there is that when we say four levels, of course, the developer will not go beyond the height necessary to have his clearance for each floor. The minimum off- street parking is for CR, which goes according to the intensity, but it is around one car per 500 square feet of office or commercial use, and the limitations of size will be similar as we have in the Grove Village. That is basically the SPI-13, that to be applied, which is items 1,7 and 18. Mayor Suarez: Guillermo, before you take away the alternatives, don't you realize that by this kind of a thing you are just making it that much more complicated? Mr. Olmedillo: In one of our meetings with the neighbors, we were trying to p achieve a way in which to reduce the bulk of the building. Mayor Suarez: Didn't work, did it?... I mean, as far as them agreeing to the plan. Mr. Olmedillo: At one point, it seems that they had agreed, but then the very next Commission meeting I was advised that people that we thought they were in agreement, they were not. Mayor Suarez: And you really thought that adding this level of complexity might help to bring an agreement? Mr. Olmedillo: What we thought was that the developer, according to the,.. Mayor Suarez: Or they would confuse everybody to the point that everybody just sort of give upl All right go ahead, I am sorry, it is just an observation. 4 r1 +� f • 4 144 April 30-, .198 Mr. Olmedillo: Items 18 and 19 will be the application of this newly created, If you so choose, on the frontage on 27th Avenue, what is empty here corresponds to the SPI-2, which is in place today. The 2-C to 2-E, are subsequent items and what we are trying to do there, is that by creating a townhome district, we are doing two things there. We are separating the commercial activity from the duplex area, which is within the neighborhood and creating incentives to have redevelopment. The housing along center is not the best of quality. We think that we can introduce incentives there to have redevelopment, not only along center, but also on the south side of Cocoanut _ Avenue. On the north side of Cocoanut Avenue, and then again, in order to achieve a step down effect from Dixie Highway going south, that we have an RG-2/5 district, which is a multifamily district with an intensity of .75. As I stated before, the comments of all the meetings up to April 4th were Included in your packet. The April 17th meeting was documented. Unfortunately, the deadline to submit it in your packet was could not be met - because of the date of the meeting. We have additional copies here. I know you don't like to see this at the last minute, but there was no time between the 17th and the cutoff date. Mr. Plummer: Was there... we asked that a meeting be held, your synopsis was, was there any area of compromise at that meeting that was developed? Mrs. Kennedy: The answer is no. Mr. Olmedillo: My understanding was that still developers or representatives of property owners on 27th Avenue, who want to develop and property owners around the outlying areas did not come to a compromise. The position of the Planning Department is that technically we are recommending, because we found it sound to be applied to the particular area. Mr. Plummer: Now, let me make sure I understood one thing. You are saying that if the SPI-13 is applied, the overlay, that that would automatically bar any applications for variances. Mr. Olmedillo: Yes, sir, if it is approved as we have it written. _ Mr. Plummer: As presented. Mr. Olmedillo: Yes, sir. Mr. Plummer: OK. The area that you didn't speak to that concerns me, I guess, the most, is the protection of the neighborhood from traffic, and I really didn't hear you speak to that except in off street parking. Mr. Olmedillo: We, through the process, we did the following. At one point, originally, about two years ago, we had recommended some street closures to prevent any traffic going into specially the eastern portion of 27th Avenue, or to the east of 27th Avenue. Then, we entered into the possibility of having a comprehensive traffic study of the Grove, in order not to separate 27th Avenue from the rest of the Grove being a unit. The... Mayor Suarez: Did y you may we entered into the possibility? Mr. Olmedillo: Yes, we had... Mayor Suarez: That sounds like we entered into a twilight zone or something. We are supposed to have a traffic study. Mr. Olmedillo: Let me try to explain that. A developer had committed money, which was going to be dedicated for a traffic study. The developer was bound to put up the money when he came out for his permit. The development was postponed, therefore the money was not available. Recently the developer came up with $33,000. The traffic study, $65,000, we are trying to work with Off Street Parking Authority, a way by which we can accelerate this and have the consultant and Off Street Parking Authority and the Planning. Department come to an agreement so that we can go ahead with the traffic study, with the comprehensive traffic study now. Mr. Plummer= I thought the Department did one on their own? Mr. Olmedillo: We, with the help of the Public Works Department... what we did is actually go on the site, and try on the area, to try to see what the 145 April 30, 1967' r] traffic impact was there. particular... I would let George Campbell address that Mr. Plummer: Now, as I recall at one previous meeting, I made a motion to defer, based on the fact of the traffic study, is what my impression was, that was being done by the Department. Now, are you telling me that a study was not done? Mr. Campbell: We did a short term study, a member of the Planning Department and I, and some of my staff. Clark Turner, yes. We went out and looked at the specific intersections which were supposedly trouble spots. Mrs. Kennedy: Specifically what areas did you comprise in your study? Mr. Campbell: Well, primarily along on 27th Avenue, and Trapp Avenue and at Lincoln... whoops, where am I?... down here. We looked at the area up at Swanson, and up in here on Abaco, and Andros. Well, Inagua is another story. Well, we looked at the traffic there from the standpoint of what wAs diverting to bypass 27th Avenue, how much was coming up 27th Avenue and going off into the residential area, short cutting and so forth. The indications we had, and we did a manual, just a sort of a manual count as to how many turning movements there were, and where these vehicles were apparently going. We found that the problems were more of a perception than an actual problem. The numbers of vehicles did not cause the problem. We did not notice any particularly high speed traffic through the area, no more than would be... I would say no more than the apparent velocity of the vehicles were 20 to 25 and possibly 30 miles and hour, which is the legal limit. One of the areas we looked at specifically, I mentioned Inagua, right there. Particularly this section here is a problem, as you know. It comes out... the Easy Kwik is across the way, it is right next to the light at Bird Road. At this point, we have not closed it off, or anything else. We have not really been requested, formally requested to close that. One of the owners in that block has spoken to me a couple of times asking how they can close the street completely and I have explained to them the whole process and nothing has ever come of it, but we did not... we, being Clark Turner and myself and a couple other members of staff, did not find any great problems with the existing traffic in there. Now, a lot of your development in here is already apartments. It is already commercial office buildings and the change in zoning is coming in here as presented would be density -wise and traffic -wise, preferable to what is existing there now, which would allow for considerably more intense development. Mr. Plummer: Another question. Under the proposal as you know it, when is it projected that 27th Avenue will be widened to four lanes? ... I assume like they are doing 17th Avenue right now. = Mr. Campbell: The projection for the County is about five years from now, five or six years from now. The design would not be like 17th Avenue north of the highway. The design that we have discussed with the County and to j which they would have agreed, would be... i Mayor Suarez: Did you say 17th, or like 27th Avenue? • Mr. Plummer: No, I said like 17th, they are doing 17th now. Mr. Campbell: 17th. Mayor Suarez: That's the comparison. Mr. Campbell: Commissioner Plummer mentioned 17th, and even comparing, it would not be like 27th Avenue north of the highway, either. The concept is to come up, or to develop it on a basis similar to Bayshore Drive out in this area right here, with a landscape median, two lanes of traffic and landscaped side parkways and sidewalks. Mr. Plummer: Are you saying two lanes total, or four lanes? Mr. Campbell: Oh, four lanes, two in each direction, I am sorry... two each way, yes, sir. Mayor Suarez: Plus the parkway, adding up to how many feet? 146 April.9Q, 4987 Mr. Campbell: The total width In 100 feet, that is the zoned width, or the designated width of 27th Avenue. Mayor Suarez% What is it currently, paved? Mr. Campbell: Well, right now it is about 24 to 30 feet, because it varies and the existing right-of-way varies, because development has occurred where we have acquired the additional right-of-way and some development that has not occurred. But, the long term, let's say, plan for development, is as I have described it, four lanes to each direction, landscaped median, side parkways and wide sidewalks on'either side, and this would be done in conjunction with the County. Mr. Plummer% How do you think, if either way, for or against, would that widening enhance this area as it relates to the traffic in the neighborhood? Would it be more conducive if people would be using 27th Avenue rather than the neighborhood, or do you feel it would be detrimental to the neighborhood by having more traffic? Mr. Campbell: I believe that the traffic would tend to stay on 27th Avenue more than to filter into the neighborhoods, because you... they have, right now, they only have one lane and where you have any kind of stack up, at signals and so on, people then might tend to go off into the neighborhood, but with two lanes going through and with turning lanes at the signalized intersections, it would be alleviating any problems, and it would... traffic would stay on 27th Avenues. Mr. Plummer: Is it in the purview of this Commission, if we didn't want to make it 100 foot wide, do we have that control? In other words, the County is responsible for doing the streets. If we, the City, say we don't want it 100 foot, we want it, let's say, 70 feet, is that within our purview to say yes or no? Mr. Campbell: It is within our purview to change the ordinance to require 70 foot of right of way, yes, sir. Mr. Plummer: OK, the question that I have now, to the best of your knowledge... Mayor Suarez: I'm sorry, Commissioner... clarification to require as a maximum, or as a minimum? Mr. Plummer: Max. Mayor Suarez: We can impose a maximum? Mr. Campbell: We can reduce the designated right of way width on 27th Avenue by revising the code. However, we have considerable right of way already acquired along there, on the basis of the redevelopment of some of the areas. Mayor Suarez: Wait, let me just clarify something. We are all in agreement on that... Walter and Madam City Attorney? Mr. Campbell: Yes, sir, just a minute. Mayor Suarez: Just giving me an idea here. We can require, I mean, we can by ordinance, impose a maximum on the paved surface, there? Mr. Campbell: I think we are confused, sir. Mrs. Dougherty: The County has its own road specifications, but I believe that they always send their plans to you for approval, don't they?... Mr. Campbell: That's correct, yes. Mrs. Dougherty:... prior to ever going forward with any of their road projects, but the truth is, I don't think that we can compel the County to have any kind of a standard for... Mrs. Kennedy: We have never done it before, right? 147 April $0# 1"J ; :. r] Mr. Pierce: I believe what we can do, we can... the Commission can go on record urging the County to take a position, but I believe 27th Avenue is a section nine road and by Dade County ordinance, section nine roads are required to be a certain minimum right of way width, and I believe a County law would supersede City, so therefore, we would only be able to advise the County and make them aware of our preferences, but they usually will, you know give light to those. Mr. Plummer: All right, but what I am saying is, as I remember some of the people did not want to go to the 100 foot width, OK? Now, if we, by ordinance, only... let me just pull a number out of the air... if we keep it down, let's say, to 60 feet, it really then, means nothing, because the County is the one that does the condemnation and acquires the right of way, is that correct? Mr. Cather: The County has stated that they will not acquire additional right of way beyond the 70 feet required for the roadway. We had originally designed this street, before I ever came here, as a 100 foot roadway with a wide median, and we have a dedicated base building line, the base building line of 100 feet, that is the base building line. Now, we can't make... Mr. Plummer: Yes, but Don, the problem, the problem as I see it, OK?... Mr. Cather: We can't make... Mr. Plummer:... and I think it is a good point, is that many of these places on base building line, you eliminate their parking. Mr. Cather: That's correct. Mr. Plummer: All right, and what I am saying is, if we, the Commission, by ordinance, stated at 70 feet, what effect does that have in the final say? Mr. Cather: Well, the effect as I see it would be that you would have no sidewalk, because the County is proposing to build a 70 foot right of way curb to curb, with a wide median. Mr. Plummer: Well, they could do that with or without us now. Mr. Cather: That is correct. Mr. Plummer: So what you are saying is, regardless of how we addressed the Issue, they are going to have the last word, except as it goes beyond the 70 feet. Mr. Cather: Or what George had previously stated was, that we are planning on the County building a 70 foot wide street, and as these developments come along, we are going to get 15 feet of sidewalk on their property in front of the base building line, because they are going to have to dedicate at that _ time. If we keep it at 100 feet, we can get them to dedicate 15 foot of sidewalk. Mr. Plummer: What does that do to the present structures that are there now? Mr. Cather: Well, there In one or two buildings there that we can't complete until that building In demolished, like at the corner of Bird Road and 27th Avenue on the southwest corner. That building is there right in the public right of way, I mean beyond the base building line, and until that goes... Mr. Plummer: Yes, but look, Jack Rice, representing his client, has argued loud and long, and I remember that argument, that they didn't want a 100 foot right of way, and that vas their basis of opposition. Nov, and understandably, because they eventually could, or would, lose the parking which happens to exist in the front of their buildings, but are you tell me, that regardless of what we do, that we say to Jack, "OK, f Ina, we are only a` going to do it 70 feet," the County can come behind and may, "OK, we are going to make it 100?" Are you just saying that his client In going to lose their parking, or no sidewalk? I've lost something in that 15 feet. Mr. Cather: Well, that 15 feet, the purpose is not to provide parking In front of the building. f 148 April 30' l907 s ems- Mr. Plummer: But, it exists, it is reality, it is there! Mr. Cather: Right, it is there and it is being used, but technically, that should be a sidewalk, and... Mr. Plummer: Not if you don't own it! Not if you don't own it today, it is not, if you have not acquired it and if you have not condemned it, and you have not paid him for it. Mr. Cather: When the property is redeveloped, it has to be dedicated. Mr. Plummer: On redevelopment. Mr. Cather: Yes. i Mr. Plummer: I understand on redevelopment. I am talking about present. Mr. Pierce: Mr. Plummer, today, if they came in, Mr. Rice and his client came in today to get a building permit to put up a utility shed... Mr. Plummer: Yes. Mr. Pierce: He is going to have to dedicate that additional 15 feet to make a 100 foot right of way, with or without his plan. Mr. Plummer: Regardless of what we do here with these ordinances today, he would, OK. Mr.. Pierce: That is right. Mr. Plummer: So that doesn't come under the questioning or the line of questioning. I'm saying is that if what you are saying to speak to redevelopment, then I don't find any... let's say compassion, is not really the word... sympathy, whatever that be. I am concerned about that present use which is there today. If we come to a conclusion that says 70 feet wide is all that we ordain by ordinance, is it in effect saying that the County can do more? Mr. Pierce: The County is, as Don Cather said a moment ago, he said they will not build more than a 70 foot wide road, and if they build it to the 70 foot limit, that is, curb to curb, you would simply have a 70 foot road with no sidewalks and no pedestrian passage along 27th Avenue. The 100 feet is an additional 15 feet on each side to accommodate pedestrian movement. The County told us about three years ago that they would accelerate the construction of 27th Avenue if we had the right of way, but we did not have it and that time is now five years down the road, so the point is, the conclusion of this is, that I don't think they will build anything more than a 70 foot driving surface, curb to curb, but you won't have sidewalks. Mr. Plummer: Do we presently have in dedication, from I guess, Bayshore to Dixie Highway, the full 70 feet? Is that... Mr. Campbell: No, there are a couple of spots that are less than 70 feet. May I make a comment apropos Mr. Rice's client•. The 100 foot right of way has been on the books since at least 1961, and it may have been there before then, I can't swear to it, so it has been a good long time. It has not been a well kept secret at all, and it has been... everybody knows about it. We have gotten dedications along there in the last 20 some odd years, when the buildings were constructed. I believe that even Mr. Rice's client has dedicated, if not all, most of the necessary right of way in there. The existing parking, which is there now, in part, is on public right of way. He has had a freebie for a good many years, so it is not a case of all of a sudden we are coming in and building up to his front door. That right of ju way has been dedicated there for some time, or at least a goodly portion of it, so that... and he has been utilizing it. Mr. Plummer: I'm not sure that I understand, but I think I understand. It is like in front of my house, I am told that that street is dedicated for 50 feet. It presently exists about 20 feet. I don't think that at any time this City is giver going to be in any position to utilize all of the dedication that it has. We have taken an awful lot of property off the tax roils. <':f 149 7 yr April 3.9, 49 :x�Yz Mayor Suarez: Does that complete the presentation? Mr. Olmedillo: Yes, sir. Mayor Suarez: We have listed from the opponents side, I am told, seven Individuals and we are going to get to them in a second. I'd like to know how many want to be heard on the proponent's side, in favor of the proposal of the Planning Department? Would you raise your hands so I have an idea how we can allocate the time here in some fair way. Proponent people in favor of the rezoning, for lack of a better term. Do you have any organized system for limiting the number of speakers so some can represent others, or do all of those wish to be heard individually? OK, could we have seven on the other side, that would be nice. Now, what is the Commission's pleasure, there is three of us left, you got seven on each side, that is 14 total, how many minutes do you want to limit it to, per? One more, are you going to eight? That gives them another one. Mrs. Kennedy: Then we will have to go to eight on the other side. Mayor Suarez: That is sixteen. OK, two minutes per speaker. Try to allocate that as well as you can. You can obviously consolidate the argument, try not to be too repetitive, and who do we hear from first? I forget the procedure. Mr. Plummer: Well, we heard... Mrs. Kennedy: Let me just ask you something. Mayor Suarez: I'm sorry, I can't hear you. Mr. Maxwell: Proponents, first. Mayor Suarez: OK, we will hear from the proponents. Mrs. Kennedy: Let me ask you something. Mr. Mayor, there is only three of us left to hear this issue? Mayor Suarez: Well, no, I mean right here, to decide on the procedure. Mrs. Kennedy: Well, right now? My question is have the others left for the day? Mr. Pierce: No, Commissioner Dawkins is here. Mrs. Kennedy: Oh, OK. Mayor Suarez: No, there is Commissioner Dawkins. Mr. Plummer: the phantom has returned. Mayor Suarez: Proponents, please. I guess we can go back and forth, unless anyone has any... that doesn't violate any procedure, does it, Joel? Mr. Maxwell: No. Mayor Suarez: We can go back and forth, can we not? You suggest we don't? X Mr. Maxwell: That is right, stay with the proponents, because they have a =' right of rebuttal now. Mayor Suarez: OK. Mr. Jerome Parnes: Excuse me, Mayor. Mayor Suarez: Yes. Mr. Parnes: The seven, is that from the swearing in of last meeting, or...? Mayor Suarez: No, no, it is just a list of them submitted to me. Mr. Parnes: I don't know whether I am on that list, but I'd like to be. uxt x 150 April A0# 1987 N _rsr� Mayor Suarez: Steven Cooke -Yarborough, Tucker Gibbs, Oral Richards... wow... Heisenbottle, that's the name; Jim McMaster, Robert Fitzsimmons, Eva Todd, Cliff Wrap and Mona Michelle. Mr. Parnes: Yes... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes. Mr. Parnes: Excuse lne, Mayor, I just wanted to make sure that I had the ability to speak tonight. Mayor Suarez: Well, that will just take us that much longer. We will have to keep you to two minutes in any event, because there is that many speakers. Apparently no way to consolidate to any less than that, so please time, and we do hear first from proponents, you can use either mike, because you have a right of rebuttal that we will figure a way of allocating time to proponents. Is there any correlation between the roses and proponents? Ms. Laura Tindall -Howell: The carnations? Yes. Mayor Suarez: Ah ha! I mean, the carnations. Remember, if by any chance, any of you are being paid to appear here, and I presume not, that you have to register with the City as a lobbyist, so to protect yourself, make sure that you abide by that. Give us your name and address. Ms. Laura Tindall -Howell: My name is Laura Tindall, Tindall -Howell Consulting. My address is 2665 South Bayshore Drive, and I am here on behalf of the Coconut Grove... Mayor Suarez: Coconut Grove good guys, right? Ms. Tindall -Howell: Good guys, what can I tell you? What is the name of your association? I'm sorry, guys. Gateway! I'm sorry, Coconut Grove Gateway Association, sorry about that, and I am a paid lobbyist. Mrs. Kennedy: You have that many clients? Ms. Tindall -Howell: Yes, I am sorry, I have some more here tonight. Mr. Plummer: Excuse me, you say you are a paid lobbyist. Are you a registered lobbyist with the City? Ms. Tindall -Howell: I am a registered lobbyist. Mr. Plummer: With the City? Ms. Tindall -Howell: With the City, yes, I am. I would just like to remind you that for at least two years we have been working on a plan to upgrade 27th Avenue, which has become a commercial street, whether we like it or not. The plan has been approved by the City Commission, it has been to D.C.A. and approved by them. The Planning Department has come up with zoning.to implement the master plan and the Grove Gate Association In supporting the Planning Department's proposal. I think that it is a reasonable proposal. I think that what they are proposing will prevent the spot rezoning that we have been having. It certainly will give us something which is less in intensity than the properties which have been rezoned, and I think it is good for the neighborhood, and as representative of Gateway Association, I would like to may that we are in favor of the Planning Department's proposal and we hope that you will tonight, make a decision, because we have been working hard and long on this and we need something so that we can get on with the development on 27th Avenue. Thank you. Mayor Suarez: Thank you for your statement. Next proponent. Mr. Dale Mobley: My name is Dale Mobley, my office is at 3300 Rice Street, I will be very brief. I would beseech you to make a decision tonight. The.City staff has worked on this, we have had innumerable meetings. I think that this has taken longer than Bayside and Southeast Bank Building, Overtown/Park.West, and in all seriousness, as a member of the Grove Gateway Association, and-as.a representative of my family who has owned property here for a -long timep-we 151 April' 30, 1 have worked with the City staff and through innumerable meetings and hearings on this for the past two years, and during that time, we have seen other property owners in the area rightfully go through the process that is described in the City Charter and they have gotten zoning considerations above what we are willing to abide by, which is what the Planning Department is recommending, and at this time, I mean, we really need to have some direction and I would respectfully suggest there has got to be some other areas of the City that need the talents and the attention of our City staff, both the planners and the attorneys and everything. We really... I'd beseech you to make a decision tonight. I hope you will support your Department in this one so that we can move forward with fixing up 27th Avenue and that is all I have to say, thank you. Ms. Jean Dolan: My name is Jean Dolan, I reside in the Grove at Grove Isle. I speak for the support of the Planning Department. We have been with this issue for three years. We started this three years ago, in order to make the most of the gateway to Coconut Grove. We want a beautifully landscaped, a wonderful walking area that will connect what we hope is going to be our access to rapid transit with City Hall and with the rest of Coconut Grove. It is possible. We have gone to many, many meetings, we have all been able to express our concerns and our feelings about how this should be zoned. I think the important thing to remember, it is no longer a residential area. It is a commercial area, whether we like it or not. We realize that people talk about problems of traffic, but traffic is a fact also, and I believe that this will help take care of a lot of the traffic problems we have. I think it will be an upgrading. I think it will be a very positive step and we would like to give our utmost support for this and ask that the Commission will make a decision tonight to support the Planning Department and the master plan. Thank you. Mayor Suarez: Thank you for your presentation and for being brief. Any proponents? Going once... I'm sorry. Mr. Gale Baldwin: My name is Gale Baldwin, architect, resident of Coconut Grove and businessman here. I have property on 27th Avenue on two different sides of the street. I have been involved with the Grove Gate and with the City Planning Department for two and one-half... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Baldwin: Oh, the address of my business 2869 S.W. 27th Avenue, residence, 3181-B Abitare. I am definitely in favor of the plan as proposed by the Planning Department. I think this is the process that zoning should be going through, not through individual spot zoning as the architects are called upon from time to time by our clients, and in most cases are forced into a situation where we ask so much more than we deserve, because of the cost that Is incurred in coming before a Commission like this.. It is a situation where groups of people have gotten together, come up with a sensible, reasonable plan, without an individual owners interest involved, and I think that is what we ask here tonight. It is a plan that is presented by the Planning Department, that is beneficial to the City itself. Mayor Suarez: Thank you for your statement and for being brief. Any other proponents? If anyone wants to get up and give their name and say they are in favor for the record, you are welcome to do that. Mr. Bernard Silver: My name is Bernard Silver. I live at 3550 West Fairview Street in the Grove. I think it is important that we make progress on 27th Avenue, because for three years, since the plan was introduced, little progress has been made in beautifying this primary access and entry way into the Grove and to City Hall itself. I think adoption of the plan at this time would move this forward and add to the beautification of the Grove overall and I think it is imperative that we move forward at this time. Thank you. Mayor Suarez: Thank you. Ms. Judy Paine Georgiadis: I am Judy Paine Georgiadis, and I reside at 2833 Coconut Avenue. I was born and raised in Miami and love Miami. When I see downtown developments, I just get excited, and to think there is any question about developing 27th Avenue, I don't even know what you are questioning. We have to make it a beautiful street to get to the Grovel You see all these other beautiful streets and I just can't understand why this has taken three 152 April 30, 1987 sti 0 years, when somebody says it has been on the books since 1961 to widen 27th Avenue and this is 1987. I just don't understand what we are dillydallying about, and I'm nervous, but I hope you will approve this. Mayor Suarez: You are not the only one. Any other proponents? Mr. Ronald Lasinski: My name is Ronald Laskinski, I am an attorney and I am here on behalf of Ben Chadroe, who is a trustee for two properties at 2902 Whitehead, and 2930 Coconut Avenue. Mr. Plummer: Are you'a registered lobbyist, sir? Mr. Laskinski: No. Mr. Plummer: Have you registered as a lobbyist, or you can't speak, sir. You are representing a client for a fee, you must register as a lobbyist. Mr. Laskinski: It is not for a fee, I am just standing in his stead because he couldn't be here tonight. Mr. Plummer: OK, excuse me if you are not paid, then God bless you. Mr. Laskinski: I wish I were. Mr. Plummer: More attorneys should be that way. Mr. Laskinski: With all due respect, Commissioner, that was a cheap shot! Mr. Plummer: And your fee is even cheaper! Mr. Laskinski: But, Mr. Chadroe, as I said, is trustee and has title to those properties and he, for purposes of this Commission would urge you to vote in favor of the rezoning. Thank you. Mayor Suarez: Anyone else? OK, opponents?... proponents, got the carnations? I gather that. Mr. Daryl Ralby: Mr. Mayor and Commissioners I am Daryl Ralby. I am a real estate broker located at 2612 S.W. 28th Street in Coconut Grove. I am right off of 27th Avenue and I'd just like to say that I am for this zoning. It is about time. That's all I have to say. Mayor Suarez: Thank you. Anyone else? OK. Opponents, please keep to two minutes. We are going to follow, at least for the first seven, the list that you gave us. Mr. Steven Cooke -Yarborough: Two minutes for the first seven, no way! Mayor Suarez: Yes, I am sure you can say it in two minutes, Steve. Mr. Steven Cooke -Yarborough: No way, no way. Steven Cooke -Yarborough, 3555 Crystal Court, North Miami. I am representing not only Tigertall, but a lot of other people here today. I want to summarize where we stand on this matter. We listened to the landowners. We listened to the land brokers, we listened to the developers and over the discussion, we have been told, amongst other things that you are very unfortunate if you own land on 27th Avenue. We have listened to the professional opinions and decisions, or recommendations of our Planning Department, but surprisingly, something happened on the way to this forum. We have listened to the people who are the City. We have found that while they wanted 27th improved, there is no question on that, we just did not agree to the method about which it was being done, or proposed to be done. Unfortunately, this evening, quite a lot of discussion has come in on the width of the street. I don't believe this is really very germane to the actual zoning; however, not finding, in spite of our attending all the meetings, and we have a lot of professional people in our groups, we did not find that we were getting good answers to our proposals, or our objections to what the Planning Department said. We had a very unsympathetic reception. They were polite and very patient with us, but we never got anywhere, so what happened was, representatives from the groups that are affected by 27th Avenue got together, and we said, "Look, what can we live with," which takes up what we consider to be the best parts of the Planning Department's plan, but we will meet what we want better. We... '•fr• 153 April 30, 1987 F 17A • Mayor Suarez: Can you wrap up? Mr. Cooke -Yarborough: Mr. Mayor, the staff had 20 minutes, or they had nearly j half an hour. Please, I am representing... Mayor Suarez: You said seven, plus Jack, that is eight, times two is sixteen minutes, you know, and you are... Mr. Cooke -Yarborough: Anyway, what has come up is we have proposed an alternative plan. This plan has been approved by the Board of Directors of the major civic associations and others. You have received copies of the plan, you have received copies of the resolutions you received letters from other people and organizations, defending it. We wish... we have also submitted, we have taken a petition. Mayor Suarez: Petitions? They are hereby entered into the record. - Mr. Cooke -Yarborough: They are entered into the record, and there are 207 people on these petitions, supporting the plan. We would now like to show you the plan. May we have permission to show the plan? Mayor Suarez: Well how about if... can you get someone else to give you some time from the time that we have allotted to other opponents, Steven?... so you can make your presentation? Mr. Cooke -Yarborough: Well, Tucker Gibbs was going to make the presentation, but he asked me if I would do it there, but... Mayor Suarez: All right? UNIDENTIFIED SPEAKER: Yes, that is fine. Steven can do it and I can show the overhead. Mayor Suarez: OK, you have got two minutes to make a presentation. You are a very articulate man, you can.... Mr. Cooke -Yarborough: While they are getting that fixed up, might I just say that all the people who are with us in supporting our alternative plan, would they please stand up, just so we can see them. Ah ha, this is a democracy, I hope. The decision of the... Mayor Suarez: Well, not necessarily reflected by how many people make it to City Hall in a particular day, but... Mr. Cooke -Yarborough: Well, that is right, but you had the proponents here, Mr. Mayor, you have had the proponents, they had equal chance. Mayor Suarez: I'm sorry I said it, it In self-evident. Mr. Cooke -Yarborough: They had an equal chance to bring.as many people. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please. Mr. Cooke -Yarborough: They are all here within the immediate range of... Mayor Suarez: Right, that is exactly what I... OK, make your presentation, Steven, come on. Mr. Cooke -Yarborough: Now, that is the plan that we are proposing that we have said we can live with. You will see basically, it has... the blue section is in essence what the Planning Department is recommended for SPI-13, with a small correction on Abaco. No, it is the next one up, Abaco is the next corner up, I think it In, right there. We agree with the Planning Department to go to RG-2/5 on the north side of Cocoanut Avenue. We believe, In our discussions there was a lot of support from the south side of Cocoanut Avenue, not to increase their zoning. That is when we made our plan. We do not see a need for increasing the zoning on the east side of Center Street, north of Trade Avenue. There is already a certain amount of buffering in there. We think SPI-2 should be wrapped around the corner. The SPI-2 is -an 154 April $0, 19S7 r existing commercial area, which has not yet been developed to its potential under current zoning. The reason we wrap SPI-2 around that one lot, is you otherwise leave one lot sitting there on SPI-13 and it couldn't qualify for development under SPI-13, because it is too small a lot, so it would be logical to hook it in with the SPI-2 area which we feel is where our neighborhood shopping should be and it should not be stretched up and down the avenue. We recommend that you keep RG-2/5 in the area that is now RG-2/5. RG-2/5 is residential. It is does not say that it has to be single family residential, in fact, we recommend that it be good quality middle income structures and the development planned for people to live on a four lane street, four lane streets, or.... Mayor Suarez: Are you going to wrap up, now? Mr. Cooke -Yarborough: Yes. Mayor Suarez: This is the second time I get you to promise it. Mr. Cooke -Yarborough: And... I break promises like all other politicians. Behind the rezoning of the strip between RG-2/5 section and Center Street on the lower level there, is in accordance with the Planning Department's proposal and is agreed to by the residents of Center Street. Thank you, Mr. Mayor. Mayor Suarez: Is it roughly the Department's recommendation north of Bird and not south of Bird, is that...? Mr. Cooke -Yarborough: That is basically it, right, that is it. Mayor Suarez: Roughly, just as a way for us to understand. Mr. Cooke -Yarborough: Right. We feel that the area south of Bird is still... there are 210 dwelling units in there at the present time, it has always been residential, there is no commercial in that section, and we feel it is very essential that that stay residential. Mayor Suarez: I am sorry I asked because you gave the editorial after the answer. Mr. Cooke -Yarborough: Right. Mr. Dawkins: Dead right. Mr. Olmedillo: Just to add your comment, Mr. Mayor, Cocoanut and Center Street are also modifications from our plan. Mr. Dawkins: OK, did they present this to you during the discussion? Mr. Olmedillo: Yes, sir. Mr. Dawkins: And what was your reaction to them on it? Mr. Olmedillo: We... Mr. Dawkins: And what are your objections to it? Mr. Olmedillo: We made specific comments. Do you want me to address them now, or... Mr. Dawkins: Now, please. Mr. Olmedillo: OK, the fact is now that the present zoning has not induced any development of 27th Avenue and that is the best proof that we have right now that they will not be redevelopment of 27th Avenue, unless we create incentives. The zoning that.they had proposed, south of Bird, is exactly what is there today, so there is no change there. Above the Bird Avenue line, which In marked SPI-13 in this particular plan, right now has an RO-2.1/5 which means it is a mixed use with an intensity of .75. Again, it has not been really successful in creating redevelopment. What we had introduced there was an intensity element that is from .75 to 1.0 F.A.R. Then, realizing that this would create the need for buffers toward the residential area to the west of 27th Avenue, we are creating a step down effect, which is not provided F, 155 April 30, 1987 for in this plan, that is the townhome development, so that that will serve as a protector of the rest of the single family and duplex residential area to the west of it. Mr. Dawkins: Thank you. Mr. Plummer: Well, let me ask a question. You keep referring to the buffer, or to the west. What about the people that live to the east? Mr. Olmedillo: We wanted to provide... remember, the two areas are different in character. Why?..•. because we found that about 64 percent of the people who live east of 27th Avenue are owners of their particular houses there. They live there. To the west of it, first, the property is not in such a good condition, and again, the owners who live in their homes, drops to about 50 percent to what it is on the east side. We feel the need of creating Incentives so that we have redevelopment. We have derelict housing there, we have substandard housing there, so by creating a higher intensity, we are creating that incentive to have redevelopment housing again, not introducing any other uses into the area. Mr. Plummer: Did I not hear you state before that that which is now being proposed by your Department is less intensity than what is there presently? Mr. Olmedillo: No. Somebody else made that statement. No, because we are saying an intensity of 1.0, which is 25 points larger than a .75, which exists there. Mr. Plummer: But, you are saying that that would be a bonus to redevelop. Mr. Olmedillo: That would be an incentive to redevelop that increment in intensity. Mr. Plummer: Mr. Mayor, with your permission, I would like to ask Mr. Yarborough a question. Mayor Suarez: Sure. Mr. Plummer: Mr. Yarborough, I hope I am not seeing something here that says - Well, OK, we are going to let the people under your pretense north of Bird, let them do the suffering, but south of Bird, no we don't want them to do the suffering. Now, I am asking the question, I guess, are the people that are here north of Bird and my eyes won't let me see the street that goes over, but take a straight line, if Bird Road went straight... Mr. Olmedillo: Swanson. Mr. Plummer: OK, Swanson, the people that live in that particular area, are there people here that live in that area, and you feel that that is in fact, what you want? Mr. Bob Fitzsimmons: They want what Yarborough said. Mr. Plummer: Well, that is what I am asking, I mean, in other words, they are going to have the blue area and the commercial. Mr. Cooke -Yarborough: They have got it at the moment, actually. All we are doing is adding the SPI-13. Mr. Plummer: No, it is not all the way, yes. Mr. Cooke -Yarborough: There really isn't any residential in there except the two lots which are up on the and of that Abaco, which is the two lots that we said we wanted pulled out of the plan. All the rest of the blue is already developed commercial. Mr. Plummer: What you are saying is, what In there In already there. Mr. Cooke -Yarborough: Unless you all are going to pull it down. x Mr. Plummer: OK. Lr Mr. Fitzsimmons: The fact of the matter, it is already been built. 156 April 30. 1967 ,t - Mr. Cooke -Yarborough: Yes, but we agree to the SPI-13 in that area, so that it can be upgraded in density, if anybody does any development in that area. Mayor Suarez: That answers that question. Let me make one of my own verifications for the record. I heard our Planning Department, assistant director, I believe, make a statement that from his perspective, we want to induce development on 27th Avenue and I just want to say that as far as this particular vote on the Commission, I have absolutely no interest in inducing development on 27th Avenue, so I don't... just because at some point, maybe the Commission decided that that was a priority or an objective, maybe it wouldn't be under this Commission, I don't know. Anyhow, just for myself, I don't see that as an objective. Mr. Cooke -Yarborough: Mr. Mayor, may I make just one... Mayor Suarez: No, come on, Steven, you are going to use up all the time today. Mr. Cooke -Yarborough: Well, your Department made a false statement, and I think you should be on the record. Mayor Suarez: OK, well, go ahead, and then they will just get more rebuttal time. Go ahead. Mr. Cooke -Yarborough: The other day I was down to the City Highway Department and they told me between Bird Road and Lincoln and Day Avenue, there are only three lots have dedicated their frontage to the City. We heard that... that is taken off the map that was shown to me by the Highway Department, so either the Highway Department is wrong, or the gentlemen who spoke before is wrong. Mayor Suarez: Jack. Mr. Jack Rice: I am Jack Rice, I represent Dr. James Robertson, who owns approximately 63,000 square foot of land on 27th Avenue, just... well, the last about three quarters of a block from Tigertail, on up. I forget the exact street, because I can't see it on... Shipping... anyhow, it is about 250 lineal feet that he owns, plus other property on Coconut Grove. He lives at Mary and Tigertail, and he has been down there for many, many years. By the way, I am from Miami, been here all my life, interested in the Grove, used to live in the Grove. Want to tell you, my problem is, this widening of 27th Avenue. You know, the County has widened 12th Avenue, is now widening 17th Avenue, 22nd Avenue, 27th Avenue. I don't know what they are going to do with 32nd Avenue and they haven't widened 37th Avenue. None of these streets have gone into the Grove. They all stop at U.S. I. I came down through the Grove, that would be south of the highway, there is no traffic on 27th Avenue to speak of, south of the Grove. You are going to put a 100 foot street there? For what? It is only going to service this area, Dinner Key area down here, and about this business of people dedicating... you know, when you do anything In Miami, you got to dedicate a street width, or a street width established by the City, you can't build in it. They mandatorily prevent you from building in there. That is what has happened to Dr. Robertson, that In what has happened to everybody along the street. I don't know if we donated one foot, or twenty feet in there, but not all of it, and we don't want to put any more in that area in which we've paid our good money for. We are going to deprive the people of parking, we are going to be nonconforming in use, we are going to 1 suffer a lot of consequences if you make that a 100 foot wide street. As far as the County is concerned, you can change that dedication to 60 feet, and they won't build anything what you tell them to build and if it has no sidewalks, they will tell you that, but I am telling you this, we are absolutely against the widening of that street, and I just can't see widening something 100 feet that goes down to an area were you can't handle the traffic anyhow. All the traffic on Main Highway... Mayor Suarez: Jack, wrap up, please. Mr. Rice: ... and all the streets into Mayfair, the ones running between the Mayfair building, is only approximately one car in width, where do you put that traffic? When you have any events, you close all the streets, you don't even let anybody in, because we own property on Bayshore Drive.. You can't run anybody down to McFarland. Now, you want to run a 100 foot wide street to service something that don't need servicing. You are trying to fix something that don't need fixing... 157 April 3091907 Mayor Suarez: Now you are getting repetitive here. Mr. Rice: You don't need fixing. Now, I agree that you could beautiful something, but you don't have to make it 100 foot wide to beautify it. Mayor Suarez: Thank you Jack. Next opponent. Mr. Rice: I am against the zoning! Mayor Suarez: Bye, Jack. Next opponent. No more opponents? Ms. Luis& Black: Good evening, my name is Luisa Black. I live at 3016 Seminole Street. I have some ideas that I'd like to share with you. 17th Avenue is really wide now. This big traffic, and there is a sidewalk, but nobody walks on it. In the Grove, people like to walk and people like to share and that is why it is popular now. If you widen 27th Avenue, you are going to have a real fast highway, people braking real fast to pull into a driveway, there is something to be said for the fact that there are no sidewalks on I-95. I want you people to please try to understand that planning takes time and proper zoning, and beautification of the neighborhood takes time. Things don't happen over night, so please, I want to share some other things here that I have, if I may take your time. If you are going to have a shoe repairman, now that we are going to have 27th Avenue redeveloped, what is keeping him away now? It is an expensive area. Redevelopment is not going to bring a shoe cobbler into the Grove. If you have a buffer of townhouses against the single family homes, what is wrong with the single family homes that there are now? If you have rezoning and you have buildings, then you must have parking and you must relocate trees, you have less trees. If you have less trees, you are now changing the area. There are so many different things happening in Miami, and Miami is such a beautiful City and downtown is so beautiful and everybody enjoys it, but I wonder how many of you live there and the other thing is that we have Bayside. We have the river. Why take one area and just make a white elephant, such as Miami Beach, and everybody knows the tax roils of the Beach and what it has gone through, what it is going through and hopefully will pull through, so I just beg you all to take your time and re -analyze what you are doing and think of the future. Thank you. Mayor Suarez: Any more opponents? Mr. Jerome Parnes: My name is Jerome Parnes, 3034 Oak. This year is a City Commission election, and I hope you citizens in the audience will remember how responsive these Commissioners were to your needs tonight and vote accordingly In November. You Commissioners hold a sacred trust to preserve this historic community of Coconut Grove. The area in question has always been a residential area. There are families out there who want to move into these areas, but who is going to feel safe about their children with increased traffic, sound and air pollution, not to mention decreased privacy that the 27th Avenue project will cause. What the City and its Planning Department have done, is to encourage speculators to buy up what was formerly single family housing. They, the speculators in turn, have made these into multiple rentals, fail to maintain these dwellings, decreasing the value of the surrounding neighborhood and discouraging new families from buying these homes by rumors of rezoning and hence, undermining the vitality of these areas. This rezoning project has been contested at least 22 times that I know of by residents of Coconut Grove. I hope this City Commission will be responsive to the will of the people you represent tonight by denying the rezoning of 27th Avenue and surrounding residential area, but if you really want to build a gateway to the Grove, let it be down Grand Avenue. Let it be a showplace to America that this City government is responsible and takes care of all of its people. You will attract more big business and dollars to this City of Miami by this one act, than any 27th Avenue rezoning project you can think of. Thank you very much. Mayor Suarez: Thank you, Doctor. Mrs. Kennedy: Doctor, let me just make a comment. You and I had a very good meeting yesterday, but to come here, and threaten those Commissioners running for no election, and mind you, I am not one of them, but that is really bad. i Ise April 30, 1907 v Fx, r 4 Mr. Parnes: I am sorry, I didn't, I had no intent to threaten any Commissioners. I just want the people to realize that you were here to represent them and that it is election year and there was no threat intended. Thank you. Mayor Suarez: By the way, the argument on the inducement of development on Grand Avenue I think is a very good one. That is the kind of place that we do need to induce development. Mr. Jim McMaster: My name is Jim McMaster, I am vice-president of the Coconut Grove Civic Club and I live at 2940 S.W. 30th Court, and I'd just like to say that we keep hearing about how commercial zoning is going to revitalize this area. I'd like to point out that Grove Gate at U.S. 1 and 27th, which has a zone SPI district is sitting there empty with a "for sale" sign, "will subdivide." At 27th and U.S. 1 across the street, they came in recently for a rezoning to CR, which by the way, the Planning Department opposed, and they got the rezoning. They are now completing a one story commercial structure on U.S. 1. The CR/2/7 underneath Burger King isn't developed. It has got a Burger King on it; SPI-2 at Bird, the brand new structure there is two stories. That is the same zoning as the Village Center, and there is not one building there over two stories high, and what I would like to concentrate on In simply the area between Bird and Tigertail, and I left a little outline there, and inside the box, if it is colored in red, is the building that I am going to show you right now. On the west side of the street, there are only three properties that do not have substantial CBS, concrete block structures on them that will not be redeveloped in the foreseeable future. The Planning Department itself only foresees 22 percent of this strip being redeveloped in the foreseeable future, which means that 78 percent will not be redeveloped. The building on the left is the rezoning on Center and Day which is has never been redeveloped, they just left it that way. The building on the right is the first RG-2/5 building, and I will just go down the street. As you see, these are very substantial, relatively well maintained buildings. Some of them are condos and some rental units. That completes the first block. Now, there is one lot I didn't show you which has duplexes on it, that might possibly redevelop. In the next block heading towards Bird Road, there is this building, and the new townhouses. There is also one more empty lot there, that might possibly redevelop. Between these structures and the gas station is a 50 foot wide lot that under the zoning plan... Mayor Suarez: Let me interrupt you for a second. Please time the rest of the presentation so we can give additional rebuttal time to the proponents. Mr. McMaster:... which underneath this plan, can't be redeveloped. It is only 50 feet wide and my impression is, the reason they are limiting the size of these lots is they want a continuous pedestrian street with commercial activity on it and the plan calls for commercial on the first floor on a certain percentage of the street frontage. How are you going to have a continuous pedestrian commercial street on a 100 foot wide right of way when a large part of it is never going to be redeveloped? And now, we will go down the other side of the street. Mr. Plummer: Wait a minute, wait a minute. Don't you also, I understood... to make an application to apply, you have got to have a hundred foot frontage. Mr. McMaster: Bxactlyl Well... Mr. Plummer: So, the 50 foot lot doesn't come into play, because without another lot adjacent to it, no, it won't be redeveloped. Mr. McMaster: Right, those new buildings have a fifty foot lot next to them. It is RG-2/5. On the other side is the Amoco Gas Station, SPI-2. Now, what is the owner of that lot supposed to do? He has a building that sits in the right of way, a coral house, on a lot that he can't build. Now, what are you going to tell him when he comes in for rezoning? And we are talking about a plan that is going to stabilize this neighborhood, it is not going to stabilize it. What you are going to end up with, if that if these people come In in a couple of years and these residential structures have a Laundromat or a bar next door, they can't get a rezoning, they can't knock the structure down, they are going to get a off site parking lot in the back. The Commission, the director of the Planning Department has come up with a plan that would stabilize the surrounding area. This plan In going to destabilize 159 April 30, 1987 it. It is going to lead to parking lots all the way around the periphery, so these older structures that can't be redeveloped will be allowed to have their parking and go commercial, so I will just go quickly down the other side of the street. This side is a little darker than the other, and a lot of the buildings are like this, they are relatively new buildings in the area, as I said, between Bird and Tigertail, the area that is going to be rezoned, virtually none of it is redevelopable today. I think that we should be looking at, not whether SPI-13 is a good plan, if you were instituting it in a new area, but you have to take into account the area that this is being put Into, and they tell us, "But, we need commercial space." Well, SPI-2, right next door... OK, this, is SPI-2, same zoning as the Village Center. I mean, you know, that could be a New England fishing village. I mean, that area is totally undeveloped. There is no demand to develop it! So, I'd just like to wrap up and say, none of their arguments hold water and I don't see imposing a commercial district in the middle of a residential neighborhood that already exists and will be destabilized. Thank you. Mayor Suarez: Thank you for your presentation. Proceed. Mr. Howard Weisberg: Howard Weisberg, 2975 Washington Street. I'd like to present a petition signed by sixty residents of the area known as Two -A. It Is a solid residential area with no need for an incentive to develop. It is stable as it is, and it is not on 27th Avenue, it is on the other side of Aviation. Mayor Suarez: These are ordered entered into the record. Thank you for your presentation, for how brief you are. Mr. Joel Maxwell: Mr. Mayor. Mayor Suarez: Yes, I am sorry, Joel. Mr. Maxwell: Mr. McMaster's pictures will also have to be entered into the record. Mayor Suarez: Yes, so ordered. Mr. Ron Cole: My name is Ron Cole, I live at 2542 Lincoln Avenue. I'd like to thank the Commission for their patience during the many months we have been dealing with this. It has been an arduous matter, but I think we have seen more citizen participation on this one issue than we have on many others and I think this can only be good for our community, I'd like to thank the Commission for that. I am with the proponents. I would like to take just a moment to mention specifically a couple of things. I would like to attempt to try to correct the impression left by Mr. Campbell. He did say that he took an informal traffic study, but non the less, he was submitting that as data and he said that the problem was more of perception than reality. I would like to counter this. I live on Lincoln Avenue. I take walks about two or three nights a week, and I travel from Aviation to 22nd Avenue. It is a round trip of about eight/tenths of a mile, and during that trip, my wife and I have to step aside from the main roadway about four or five times from cars that are traveling at least 40 miles an hour. I'm mentioning this as an example, that is late at night. One of the proposals that we had in our plan was to reverse the signage of the stop signs in that area, because they are access routes. Another thing would be to... I think a creative plan would be to have a street closing all the way up Aviation Avenue from approximately Tigertail through Swanson, and this would have to be worked out, but I think that could be a plan that could be a nice wall, a creative wall that could be done, decorative. Thank you. Mayor Suarez: Thank you, Ron. Mr. Plummer: Can I ask a quick question, because he has hit on a point that I was thinking about before. At one time there was such a proposal. Do the neighbors have the concern... I'm sure they have the concern about the traffic, but what have you discussed, if anything, because we have not been to all of the meetings, about blocking of the streets to protect from the vehicular traffic? Maybe I should ask the Department that, I don't know. At one time there was one of the proposals showed blocking of some of the streets or closing off the streets.' 160 April 30, 1907 +, ftt � Mr. Olmedillo: That was some time ago when we took this to the community. Many people on Swanson, many people on that eastern portion of 27th Avenue were saying, "Do not block the street, you are going to channel all the traffic on Swanson. People on Swanson are going to suffer." Our response was, take the traffic issue out until we have a comprehensive study of the traffic patterns within the Grove, traffic intrusion into the residential, parking and vehicular traffic through the Grove. Mr. Cole: Commissioner Plummer, if I could add one thing. That was a plan -i that would have left Swanson open, I think we were all opposed to that, because that would have been, obviously, I think it has been said once before, the traffic is like water, it would have flowed right through Swanson. The plan that I was mentioning would have included Swanson in that closing. I think Mr. Olmedillo had considered that at one point, and I don't see any reason why that couldn't be done, because there would still be access on the other roads for emergency vehicles. Mr. Plummer: Would you respond to that? Mr. Campbell: As I said before, we had looked into the problem, particularly in these areas, as shown here, where they wanted to close the roadways. Somewhere along the line, you have to be able to go continuously, and you can't block off everything, and this... if for instance, in this plan that is... Mr. Plummer: Well, wait a minute, wait a minute. Whoa, back up. You say you can't block off everything. I think it is effectively done in Bay Heights. I think it is effectively done in Bay Point. I think it is effectively done in Belle Meade. I think it is effectively done in Coral Gables. They have just in the last week landscaped where they had the ugly barriers, so I don't necessarily agree with you that it can't be done, OK? So, go from there. Mr. Campbell: Well, all right. Bay Point is a private enclave there. Mr. Plummer: Still it is... Mr. Campbell: Those are not public streets. Mr. Plummer: ... not, I was not speaking to the public streets, I was talking about that it doesn't have a straight through. Mr. Campbell: That's true. Mr. Plummer: It has one entrance. Mr. Campbell: That's true, but there is no place to go, once you get in there, no place else to go. Mr. Plummer: Fine, use Bay Heights, because that is the same thing. t Mr. Campbell: Bay Heights... 1 Mr. Plummer: Belle Meade, you closed off the streets in Belle Meade. t Mr. Campbell: In Belle Meade, there was no place to... once you vent in there, you couldn't get there from here, so to speak, there was no place else to go except into Belle Meade and back out again, because you had the river on the north, and you had a... I think there is a wall, you know there is a solid line of houses on the south, plus the park, so that there is no place to go in there. Bay Heights, there are only two entries to that whole area in there, and again, you have practically a little enclave there with no through connections to any other streets. UNIDENTIFIED SPEAKER: ...(OFF MICROPHONE) can go through ..... (INAUDIBLE) Mayor Suarez: A voice from nowhere. Mr. Maxwells Mr. Mayor, he should be on the record. Mr. Plummer: What do you mean, nowhere? Mr. Campbells Well, that should be on the record, yes. 161 G. f �• F,43y E' J f'A April 30, 1987 Fn � f�1i 1� !fit • Mr. Plummer: What do you mean, nowhere? Mayor Suarez: Voice from there. If you are going to make any additional comment on that, Jack, we need you on the record. Anything else? Mr. Campbell: Anyhow, when we looked into these streets here, that were proposed to be closed off, that was at the time that we went out and did the informal survey that just counted the cars that were making the turns. The allegation was that particularly at rush hours, particularly in the evening, all of these cars are -coming from Bayshore Drive and cutting through and what have you, making turns. This did not bear out in the analysis, or in the observations. Then, when they were going into the traffic study, that is the general traffic study in Coconut Grove, we had looked at and said, well, if we start altering things now, we are not going to get an honest study, so we have not changed any signs in this area. We have not altered at it the patterns so that we could get an honest study, an honest evaluation of the traffic in Coconut Grove, as it exists. Mr. Plummer: Well, what is the danger if you did? I'm not speaking to the study. This gentlemen, I don't know that I agree with him on doing all of Aviation Avenue, because I am concerned about the people from Aviation to 27th Avenue, but what happens if you went to those streets and closed them off? Mr. Campbell: Well, let's see if I can... you are going to close this off here, there is no... like I said, when we looked at it, there was no valid reason to close this off. In a 45 minute period, at the peak of the rush hour, I think there were 10 vehicles that turned from Tigertail up to Lincoln and over to 27th Avenue and went north in that period of time. A similar period of time, observed in this area here, at Trapp Avenue, there were even fewer vehicles that came through that area, and the observation was made not just here, but up in this corner area here where we could see where the vehicles were coming from, and where they were going, and it was only a handful that came through in peak hours... peak hours, and go to Swanson, Swanson, you have the traffic, some traffic from Bird Road going over, and up this way. Generally, anything coming up Aviation Avenue, continues onto 27th Avenue and goes on north. Closing that here then would force that traffic over through the neighborhood. As far as closing this off, and closing this off, this will be addressed, I believe at the next Commission meeting, and at Andros, there was no appreciable traffic going through there, this was not a raceway, that had been told to the Commission. Now, we did go through the streets and check where the stop signs were, how they were faced, and so on. There could be some changes made in here, as far as the location of the stop signs, a couple of four way stops possibly, refacing the stop signs to stop the cross traffic, I mean stop the traffic... yes, stop what is now cross traffic. This can be done, but once again, as I said, the idea was that if we started doing that, before the traffic study was made, then it would tend to Invalidate a lot of the study, that was our opinion. Mayor Suarezz You know, as long as you are talking about traffic on 27th, since we last time we considered this, it must have been about six months ago, I moved my law office from Brickell... leave that on there!... to, I moved to a law firm that on 28th Terrace, very close to 27th Avenue and of course, I spend a lot of time at City Hall, typically in the morning at City Hall and in the afternoons I try to spend some time in my law firm up there, so I spend all my time going back and forth on 27th Avenue, from one to the other, and I have to agree with you, Jack, I am a one man statistical test myself, because I don't think anybody would have occasion as much as I do, to go from all the way north, on 27th right close to U.S. 1, to all the way south on 27th, right at City Hall, as much as I do, I mean, it would have to be a coincidence, if someone else had to do that as often as I do it. I have never had a problem getting it from one place to other as far as traffic, and would never want to change anything on 27th Avenue on the basis of excessive traffic or anything. The only problem is getting it to U.S. 1, which of course, will not be resolved by widening of 27th. Any other opponents? Mr. Bob Fitzsimmons: Yes, air. Mayor Suarez: Ron, you used your time. Mr. Fitzsimmons: Bob Fitzsimmons, 2512 Abaco Avenue, one of a long series of unpaid attorneys here. There are two matters I would like to address. One 162 April 30,,1947 was traffic, the plan that is up here at the present time was proposed by the Planning Department, it is not one proposed by us. But, first, before I get to traffic, without going into the merits of the plan, there is one issue that is very sensitive to the residents north of Bird Avenue, and that is the area that is marked in red. That has been designated as an SPI-13 area, meaning that you could put a 50 foot structure in there, or you could put Easy Kwik here, and that is starting to go a little bit further into the neighborhood than we need at the present time. It is a very important point there, that that sets a precedent for the rest of Aviation as you go down the side. All of a sudden if you go on the northeast side of Aviation, opposite of the SPI district, it is surrounded on two sides by 50 foot structures, so of course, that is going to go, and then all of sudden, all the way down Aviation will go to a commercial district. That's not the intent of this plan. We have discussed with the Planning Department, and they don't think that taking this section will have any adverse impact on their plan to revitalize 27th Avenue. We have submitted a petition on behalf of a lot of residents from that area to take that out, we ask the Commission to do that. The second point I wanted to address has been addressed in some detail so far, is traffic. I'd like to answer Commissioner Plummer's question. You asked that a traffic study be done. We have been asking that a traffic study be done. It has not been done, the signature is not on the contract, it hasn't been started yet. We ask before, in the event that you do try to approve the SPI-13 plan, that the traffic study be completed, so that as a comprehensive plan, we can have traffic addressed at the same time that we rezone the street. Thank you, sir. Ms. Carol Hughes: Hello, my name is Carol Hughes and I live at 3005 Washington Street, Coconut Grove, on the corner of Swanson Avenue and Washington Street. I wanted to address two issues that are concerns of myself, and have been. A year and one half ago, when this traffic study suggestion from the Planning Department, or the Traffic Department to close all of the streets on Aviation exception for Swanson, that upset me of course, because I lived on Swanson, but I am the one that went around to all of the houses on Swanson and got the petitions so that that wouldn't happen, but I would not be against closing all the streets off along that way, as long as Swanson was included because right now, Swanson is a very high traffic area. If you would like to come by my house at any time between hours of 7:30 and 8:30, or 5:00 to 7:00 or 6:00 o'clock, the cars go down that street, I am not exaggerating, between 40 and 55 miles and hour sometimes and we have new parking signs that say 30 miles an hour and they just go right by them and we have children that play in the neighborhood and dogs get hit by cars all the time and I wouldn't even be against them putting some kind of, what do you call those steps in the road, those impact things, along that road if it turns out... Mayor Suarez: Bumps. Ms. Hughes: Right. ... if it turns out that they don't close off the streets, I would like on Swanson some of those, whatever they are called, put In there because we do have a problem. The second thing I wanted to mention was, I am completely against 2-A, the addition of that property there. I even think there was a great mistake made when they developed the property next door, which was the old Alfred Bryan Parker property, because if you go around that office building and you look to see what is behind it, there is a house that has been there for about 80 years and there is about five to seven feet, between the back of his house and the back of that new office building. Mayor Suarez: Are you going to wrap up? Ms. Hughes: And I just didn't want to see any further development in that area. Thank you. Mayor Suarez: We are getting a lot of repetition in. It doesn't necessarily help our deliberations and certainly doesn't help us to get out of here at a reasonable time. Yes. Me. Eva Todd: My name is Eva Todd, I live at 2918 Louise Street in Coconut Grove. On the map, you will see that 160 feet of my lot abuts Coconut Avenue. I am here tonight, as I have been at several other meetings, representing myself, Habitat II Townhouse Association. Supposedly, I live in a neighborhood of substandard housing and my tax assessment for Habitat II In over $200,000 for two units. OK, I am also representing many people in a petition that I have turned into Coconut Grove Civic Association, Tigertail 163 April 30# 1987 Association, signed by pastor of Christ United Methodist Church, the board of directors of Christ United Methodist Church, representing also the parsonage on Coconut Avenue and several lots on Coconut Avenue. If you would like, I will show you specifically how much of the block they represent, because it was mentioned previously that that was only six or seven owners, but I think we should see how much land is involved. Further, on July 10, 1986 at a workshop, we worked out an agreement to what we through was a compromise at that time to keep the south side of Coconut Avenue as it is, but allow the developer, Virginia Dolan to go ahead with her plan for the north side of Coconut Avenue. That was written on the blackboard at that time. We also, all of us, in the immediate neighborhood, who not all live in substandard housing, who live in single family residences and townhome residences. We have tax assessed value on our properties of over $100,000 - not land, we are talking about buildings. Commissioner Plummer, we thank you for your help recently in our neighborhood with property at the end of Trade. OK, the Brosemers have lived in our neighborhood. We are not people of anything, but, we think, character and we are homesteaders in our neighborhood. We have bought, come into the neighborhood very recently, within the last seven years, new housing, OK? Mr. Plummer: Do I understand you then to say that basically you are opposed to the alternate plan? Ms. Todd: We are in agreement with, Commissioner Plummer, the plan that has been proposed by the Tigertail Association, and by the Coconut Grove Civic Association. We are trying to work towards something that will be best for the homeowners and compromise with the developers. That's what we wish to do. Mr. Plummer: But, as I understand it, you are north, basically north of Bird. You are north of Bird. Ms. Todd: Correct. Mr. Plummer: And that which is the so-called alternative, does in fact change that... not change it, it complies with what is presently there. Ms. Todd: No, the Tigertail Plan does protect and retain the same existing zoning on the south side of Coconut Avenue and we have been requesting that ever since the July 10, 1986 workshop, when we even, you know, tried to compromise, although it isn't our wish, with Mrs. Dolan who owns on the north side. OK, we are talking about 10, 15 lots, as opposed to 3, 4 lots. We are talking about homesteaders as opposed to a developer who lives in Grove Isle. Not to say there is anything wrong with Grove Isle, it is a wonderful place to live. Mayor Suarez: Well, don't get into Grove Isle, this has nothing to do with Grove Isle. Yes. Mr. Brooks Brierley: I am Brooks Brierley, I live at 3126 Center Street in the Apogee Condominiums. I am one of 15 residents there and behind me are some of the others. We wonder... Mayor Suarez: That is unfair to use kids in these hearings, you understand Maryanne. Mr. Brierley: We want to express our interest in seeing the 27th Avenue improved, but we pointed out to the Commission and to the Planning Advisory Board, in a series of letters showing some suggested specifications and some drawings, the proposed buildings and site plans that the Planning and Zoning Department plan is deficient and needs to be improved. We feel that our experience with the Coconut Grove reality office at Day and Center Streets shows that the existing Planning and Zoning safeguards for the neighborhood are not sufficient to make the SPI-13 district successful and we feel additional safeguards should put into it and we feel that the Coconut Grove Civic Club and the Tigertail Association plan goes forward in doing that, so we Mould like to express our support for that. Mayor Suarez: Thank you for your statement and being brief. That is it? Quick. Mr. Mitch Fennell: Quick enough. My name is Mitch Fennel, I reside at and .y own 2933 Center Street. I am here to represent the additional five homeowners x_ 164 April 30, 1907 ; and six co -residents of the Habitat III Townhouse Development Association, and to specifically oppose any increase in density, or changes of zoning on our block. I have the extreme recent misfortune of residing to the rear of what local residents refer to as the "animal house," which you, the more fortunate individuals who don't have to live behind the "animal house" might more easily identify it as the obnoxious red brick office building located between Trade and Coconut Grove on 27th Avenue - Cocoanut Avenue, rather. Mayor Suarez: Well, I have to tell you, when I went to college at Villa Nova, the dorm that I slept, in was the worst one and we used to call it the animal house too. Mr. Fennell: Great. Mayor Suarez: Not at all related to any zoning decisions or anything. Mr. Fennell: Also, I am here to remind this Commission that a similar Commission in 1978, that we, the voters and taxpayers of the Habitat III, were assured by that Commission that our residences would be a low density residential area. I shall also briefly comment on a number of the personal mental, social sacrifices, along with the indignities and dangers that one self family, friends, pets and vegetation must endure in regard to any intense construction, or increases of both vehicular and pedestrian density or traffic. The following points are not in an chronological order of importance or significance in that all are of paramount concern. One, the removal of the garbage dumpster... Mayor Suarez: Wait, you are getting wound up here, just as your time is running out. Mr. Fennell: Well, I've got about two more minutes to talk about. Let me tell you real quick, Mayor, what happens when they take... Mayor Suarez: We have a pretty good idea what happens... Mr. Fennell: Well, no, you are going to get some new ones right now. Mayor Suarez: Just about in any scenario that you could possibly... Mr. Fennell: Between 4:00 and 5:00 a.m. Mayor Suarez: And you are giving more time for rebuttal for... Mr. Fennell: OK, that is fine, that is great. Between 4:00 and 5:00 a.m. ... Mayor Suarez: Count the time beyond the two minutes, please. Mr. Fennell: ... the garbage removal. Mayor Suarez: For hurting his own cause, but go ahead. Mr. Fennell: .... the dumpsters. Mrs. Kennedy: It is going to hurt you. Mr. Fennell: Number two, the 7:00 a.m. cleaning of the parking lot of the obnoxious animal house. You get that every morning - 7 days a week with hydraulic blasting. Then, of course, there's the glare of the office lights that you have every night. The direct glare into your bedroom level and ` Indirect glare into your living room area. Then you have the employee arguments in the parking lots at all hours - 7 days a week. You have the drug deals in the parking lot and the traffic of the comings and goings of the parking lot under the animal house. You have a complete loss of privacy in as <ei you must live with your verticals drawn, unless you want to stand naked in front of the second and third floor of the animal house. Then, of course, there's the fire alarms and the car alarms that are magnified, 7 days a week, 24 hours a day, by the parking area, that go off in the cars. Then there is, s of course, the vandals and the transients who sleep in the lot. There's.the construction element that went on for a year and a half - 6:00 a.m. to 10:00 p.m. - 7 days a week. Total loss of morning sun. You don't sae the sun } anymore. You wake up to the afternoon. There's no more sun in my house in the morning. That's it; good-bye to the sun. Then, of course, there is the accidents; on 27th and Bird, at the traffic light, at Trade and 27th, and at Carlos'. Mayor Suarez: What you're saying is if this passes, we're going to have mass suicides. Life will not be worth living. Mr. Fennell: That's right. There you go. And then there's the most critical element of all, Mayor, is what we refer to as the automotive deaf and maim time zone. This is specifically from 7:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 7:00 p.m. I neglected to bring my three-legged dog with me, who, a year ago, had four legs. Mayor Suarez: Best decision of the day. Oh, no. That would really hurt your cause. Mr. Fennell: Who had four legal Now he's got three. Okay. Now, of course, Mrs. Belt was the one who struck my dog, who is a worker at the animal house. Okay, two more. Here we go. Ms. Kennedy: If we're giving everybody... Mr. Mayor... Mayor Suarez: Bring any specific complaint to the court, please, not to the City Commission. Mr. Fennell: We've talked about the muggings, the robberies, and the murders, and the increased crime rate.... Mayor Suarez: Okay, now, you're... that's it, that's it. Now come on, just wrap up whatever it is you're saying. Ms. Kennedy: Why is it taking five minutes? Mr. Fennell: I'm coming to it, I'm almost done, let me finish Mayor Suarez: Because there's not really... Ms. Kennedy: Yes, but if we're giving everybody two minutes, why should you have more than anybody else? Mayor Suarez: You're just giving more time for rebuttal. Mr. Fennell: I'm a nice guy. Number 21. Let's talk about the cutting of the pipe that they're doing right now, that will probably go on until eight o'clock tonight, which it did last night. Okay? Thanks very much. Mayor Suarez: Thank you. Mr. Fennell: Oh - in regard to those.... Mayor Suarez: No, no, no more. No, no, no, no, no. That's it. Mr. Fennell: One more. One more. No, no, no, no. I've got one more. Number 22. Ms. Kennedy: After this, I'm ready to vote. Mayor Suarez: That's it. That's it. That's it. Mr. Dawkins: Cut the mike off on him. Mayor Suarez: No, no... you're really hurting.... Mr. Dawkins: Cut the mike off. Mayor Suarez: That's it. That's it. Mr. Dawkins: Cut the mike off. He's been up here all day. Cut the mike off. 166 April 39P 1947 j.= Ms. Kennedy: I am ready to vote. 0 • Mayor Suarez: Go ahead. And I would really suggest that you... Mr. Dawkins: Go ahead, Miss. Why not? Mayor Suarez: Please, please. You're out of order, sir. Mr. Fennell .... but I'm a taxpayer. Mayor Suarez: But, you're out of order now. We've given you twice the amount of time allocated. And you're hurting your cause, really. Do you want to... make it brief, because it really gives more time to the opposition. _ Ms. Cynthia Shelley: My name is Cynthia Shelley and I'm a homeowner. I live on the corner of Washington and Inagua and I need to refer to the section 2.A. _ We have, probably, twenty small children that live in and around that area. I can't express how the traffic goes up and down these streets. Zipping all day long. I keep my doors locked. I am seriously afraid that my son may escape momentarily and walk out into the street. We have visitors coming from, I'm assuming E-Z Kwik and the bar, to relieve themselves in various forms on our front yards. I can't express that this area is a wonderful quiet area. We have retired people, we have small children, we have probably only two renters on Inagua itself. I'd like to ask the commission to express their views, if they would, on the section 2.A. If we could have a discussion about that. If the commission could let us know whether we're going to keep section 2.A and what they feel about this section 2.A. If they could tell us, right now, about that. Mayor Suarez: For myself, I made my position quite clear so I don't, you know.... a Ms. Shelley: Can the other folks.... Mayor Suarez: 2.A, B, C, D... all of them, I'm against. Ms. Shelley: Can the other folks tell... what, what can they tell us now. I mean, maybe we could eliminate this section right now. Is that possible? We can't discuss it? Mayor Suarez: You stated your question and it remains a rhetorical question, I guess. Ms. Kennedy: I'll tell you what. Why don't we finish hearing the presentations and then we'll.... Mayor Suarez: I'm sure you're going to get to hear from the commissioners how they feel about this, go ahead. Ms. Laura Fina: My name is Laura Fine. I live at 2430 Swanson Avenue. I've voted in Miami for the last nine years. I moved to North Grove because its quiet and I just urge you to say "no" to SPI13. I was responsible for putting those 30 mile per hour speed limits. It took me a year and a half to petition on Swanson Avenue and they have officially clocked speeds at 60 mph in the mornings and on Saturday nights. So, please say "no." Thank you. (Applause) Mayor Suarez: Thank you. Mr. Cliff Wrap: Okay, my name is Cliff Wrap. I live at 3038 S. W. 27th Avenue. That is a townhouse development. I represent the owners of those townhouses. They are tax assessed in excess of one hundred thousand, so they're not dilapidated housing, I would like to make that clear. We'd like to state that we support the proposed plan as an alternate to the city's plan and I'd like to just make clear that there is some truth in the humor that Mr. Fennell just said regarding the use of the commercial establishments, if they're allowed. Density is one thing. The width of the road In another thing. The height of the building is another thing The height of the building is another thing. Traffic flow is another thing. But, I think, the primary concern to us is the use of the commercial establishments, if they're permitted. We're talking about bars, we're talking about restauranto, we're talking about cafes, that can have hours of operation which would be disruptive to all the residents which live and own property in the area. And :r 167 April 30, 1967 s I think that's our main concern and that's why we're so vehemently against the plan. Thank you. (Applause) Mayor Suarez: Okay, please. Last opponent, then we have a brief rebuttal. Yes. Mr. John Brennan: John Brennan, 2336 Swanson Avenue. It appears that we are here because the city staff wanted to enhance the property along 27th Avenue. I really don't think.there's any place in Coconut Grove that needs any help being enhanced and I wish the city staff would not help me so much. Thank - you. (APPLAUSE) Mayor Suarez: Thank you, for being brief. Rebuttal. Quick. From the proponents - none? Tony. Mr. Anthony Marina: Anthony Marina, 3125 Mary St. I'm presently the president of the Coconut Grove Gateway Oscillation. As I listen to the opponents, I see that there is a great deal of confusion. We are not necessarily the proponents. We are the people that were challenged with your Planning Department to come up with an acceptable use for our properties along 27th Avenue. This acceptable use would preclude the myriad reasonings that had occurred up to about two and one half years ago when this plan began. You were faced almost on a one, two, three basis, prior to the 1985 elections, with three rezonings in the area. All of them had a much higher density and a much taller height, if that's correct, that were 80 feet and the property... - the one that was the largest project, had a density of 1.31. So these heights were about 60% higher than the plan, 31% denser than the plan. That zoning is still in existence. That zoning is next to, for example, this condominium that just talked - about one or two lots away. The challenge was, can the = city come up with a plan that is acceptable to the property owners and, at the same time, do something that will unify the street that would have some vision _ that would for once, give 27th Avenue a forward looking aspect and, perhaps, - join the the rapid transit station with the center of the Grove. The present zoning that is shown in blue, although it's not there now, but the area above - north of Bird Road - is presently zoned residential office. The commercial aspects that everybody objects to are much less than the SPI2 - district that some people have suggested be placed in this northern section of 27th Avenue. Residential office brings with it intrinsic, some uses on the - first floor. We were not in... the proponents, or the people to suggest that - there be two levels of commercial or that commercial use be widened or expanded into the residential office area. It was a suggestion made to try to make the height of the buildings less - make them less high - because nobody's going to do 50 feet, when, in three levels you can do it in 30 or 35 feet. We, I don't think, in general have any particular love or wish to have residential office with the heavy commercial. But if I recall, and I think some of you were commissioners at that time, some of the neighbors said that 1 what we needed was a village commercial aspect. The planning department, in some of the prior meetings, picked up on this and used it as a tool to convince some of the owners that a trade off between residential and commercial and height, etc. would be beneficial to all. Now, it seems to be of some particular... it's liked... you have that use in the area north of Bird, you're going to continue to have it. The main point is, what happens to approximately the two blocks that are south of Bird Road right now? Do we continue as the plan delays more and more, to come in with piece meal requests F for change of zoning which, the first thing that us, our attorneys, our planners, our architects would point out to you, is the property next to me has the zoning. In fact, there is one property represented here tonight that has an RO-3/6 zoning, both to its side and to its rear. The challenge is to come up with something that is less aggressive, less dense, less high. The j Planning Department is working within a limited area, they have constraints, they cannot offer the property owners less than the people to the north have and they definitely want them to accept less than what is in the area at They v present.ey ha a to try to come up with a compromise. We have accepted '. that in lieu of coming in here, one by one, and requesting changes of zoning. ^: The plan is perhaps not the best, but it does have some safeguards that ` everybody is ignoring. They tried to make Center Street, at least in the area <- south of Bird, a buffer zone. That area right now is contrary to what has been mentioned before. Your of those lots have SPI2 zoning. They do not need r N> 168 April 30, 1907 1 iK' , to be rezoned. They have, for 100 feet, a very heavy zoning of 2.4 density and two of the lots are transitional. So, although they don't have heavy zoning, the zoning can move into those transitional lots and you can spread the 2.4 over 200 feet. The lot that was mentioned next to the gas station, the coral rock house, is a transitional SPI-2 lot, so the person can use it for SPI 2 uses which are commercial within the density that he has right now. So, it will be a smaller building, .4. That's about a 3,000-4,000 foot structure that can be built there; totally commercially. Commercial SPI-2, which is a very heavy commercial, not the commercial that the overlay is trying to bring in. So, basically, the compromise is for something that is medium that provides the approximately - there's about 2500-2600 feet, linear feet, of frontage left on the street that does not have the RO zoning. The neighbors, the owners, the people that we represent, the people that are here are saying, we would be satisfied with what the city has come up with. The Center Street area, by being eliminated, becomes a very attractive area to join up to the 27th Avenue lots or properties because the same thing would happen that happened down there - what they call the Coconut Grove Realty office - the people saw the opportunity, they saw that having a larger land mass, they could spread their building out to be more economical and more good looking and whatever you want to say, and they went ahead and rezoned the whole area. We have that situation on Center Street and if this buffer, which is really not great, the people are being told that they can build as much building as the density allows, but not as much as allowed presently. So, to make a long story short, I don't think that eliminating the buffer helps the neighbors at all. It encourages more development. The area of 27th Avenue as far as widening of the street, that was imposed on us by the county. We made a study. Seventy feet of right-of-way has, in it's great majority? it was done by Interholden Equities and we made the plan avAilable to the Planning Department, the majority of that 70 feet has already been dedicated. Some has been dedicated into the 100 foot level by the hotel, etc. We don't feel that widening the street or making the street faster or bringing more traffic into the street is desirable. We feel that its inevitable. Therefore, if the commission would see fit to limit the road to three lanes, as long as we keep the wide sidewalks that were promised that we have been trying to encourage that we think would make the pedestrian ambiance of the street more acceptable, we have no particular wish or no particular desire to see the street expand or get any wider or any faster. As far as blocking streets into the Tigertail neighborhood, I think that requires some study. It doesn't affect us. It does not in any way make the plan less attractive or make the accessibility to the sidewalks or to the rapid transit station or anything, people can still walk because you would put barriers or whatever there, but they would allow pedestrian access. So, we do not oppose that section. We do not oppose them removing sections from the plan that wish to be removed. Ms. Kennedy: Okay, which is a question I have. One of the opponents just asked us, how do we feel if we eliminate the 2A? Personally, I don't mind. How do the proponents feel about that? Mr. Marina: We're not proponents. We are in favor of the plan. Ms. Kennedy: Okay, but what do you think? Mr. Marina: I don't own the properties. I don't represent them. I would say.... Ms. Kennedy: Guillermo, how many parcels are involved in that section. Mr. Olmedillo: Six. Ms. Kennedy: Six. Mr. Marina: I think that's up to the six people that are there. They are, in a way, being effected. I do not wish to speak for them. Personally, if its the plan or 2A, I do not care if 2A is eliminated. I think those people should speak for themselves. But I cannot speak for them. So, to answer your question.... Ms. Kennedy: Do we have any of them in the audience? How would you feel? (INAUDIBLE RESPONSE FROM THE FLOOR) 169 April 30,.1987 Y C 0 0, Mayor Suarez: You'll have to get to the mike if the commissioner wants to ask you a question. Mr. Marina: Do you live in 2A or own 2A? Mr. Howard Weisberg: I brought in the signatures of sixty residents. Howard Weisberg, 2975 Washington Street. We have Mrs. Rayvak, she owns one of the properties in 2A, she's opposed to it. I brought in sixty signatures of the residents in and around section 2A, and they are all opposed to it. Mr. Marina: So we're -in agreement then. 2A can be eliminated.... Ms. Kennedy: All right, that's great. Mr. Marina: ... the proponents do not, you know, we have no particular wish to see it included in the plan. If the city doesn't object, we don't object. Mr. Weisberg: I think the Planning Department, oh.... Ms. Kennedy: Let me hear from them now. Mr. Olmedillo: For the record, one thing. I hear being represented here that the people who own those particular lots are being represented. To our satisfaction, they're not. Mayor Suarez: That's - well, that's correct. He was speaking for himself and as far as... Mr. Plummer: Wait, wait, wait, wait. I missed you there. What are you saying? Mr. Olmedillo: The particular piece of property that they're speaking of.... Mr. Plummer: Yes - is right there, okay? Mr. Olmedillo: That involves six lots. Mr. Plummer: Okay. Mr. Olmedillo: The statements that were made before seemed to represent that those people were represented here - the owners of those six lots.... Ms. Kennedy: Were represented here. Mr. Olmedillo: My understanding is that they are not represented here or, at least, not to our satisfaction. Mr. Plummer: Well, you know, let me say this. This, in no way, in my _ estimation, is a popularity contest and as far as I'm concerned, it is based on what is going to be the best zoning and I don't think that I disagree with my colleague that... the other jut down further at Bird Road - that one I there - that's already there. Mr. Olmedillo: That's existing, yes, sir. Mr. Plummer: Right. Now, that one up further, referred to as the 2A does not exist. Mr. Olmedillo: No, sir. What we have is that.... Mr. Marina: No, air. Mr. Plummer: So what I'm saying to you is, if you were to straighten out that line, make that line straight, and I'm... you know, God bless the people who own the property, but if you... I think that I sense, if I do sense, a great tear of encroachment, encroachment, encroachment. Now, if that be the case, then you could... I don't know if you could take a straight line - what In that up further there, that block? Mr. Olmedillo: That is an BPI. That is an SPI-12 that exists there today. i 1 170 April 90, 1987 Mr. Plummer: Okay, but if you were to take a straight line from there, where your pencil is, right - no - come down. Right there... Mayor Suarez: The corner there. Mr. Plummers ... and go straight up to that block above it. Ms. Kennedy: Up. Mr. Olmedillo: You could do either of two things. You either leave the SPI- 12 that exists there today and you go around it with the SPI-13, or... Mr. Plummer: Yes, but I'm saying, if you want to be uniform, okay? You would have a uniform line all the way on the east side from damn near Tigertail all the way up to, I guess, what is it, the Burger King. If you were... the one jut that's already there is there. Mr. Olmedillo: Right, but remember the properties are not lined up the same way. In here, you have north, south. In the other ones, since the streets come in at an angle on 27th Avenue, then your properties are at askew angle. So that's why the jutting. Mr. Plummer: Well, I see, I see some pie shapes that are left down there also now. There's some pie shaped parcels further south. Mr. Olmedillo: Okay. Mr. Plummer: No, down, down. Come on down. In there - there's a lot of pie shaped in there that's not being rezoned. Mr. Olmedillo: Right, but look, the properties facing 27th Avenue are perpendicular to 27th Avenue and are oriented. Mr. Plummer: Yes, okay. Mr. Olmedillo: East, west. Mr. Plummer: I think Commissioner Kennedy makes a very good point. Mayor Suarez: I didn't understand before when the 2A option was asked about, what it meant. Actually, if it meant that the... would I be willing to support the Tigertail Association -Coconut Grove Association's proposal, which included the rezoning of that 2A as an alternative to the city's proposal, yes, of course, I would. Mr. Fitzgibbons: Mr. Mayor, that proposal had been modified to take that section out. Mayor Suarez: I'm sorry? Mr. Fitzgibbons: The Tigertail has modified that plan to take that section out. If you look at the Tigertail Plan, it's here. Mayor Suarez: Take it out, meaning? Mr. Fitzgibbons: In other words, where he's drawing now, in the Tigertail Plan that has been eliminated from any zoning change. Ms. Kennedy: So you see.... Mayor Suarez: Okay, because I thought that in the presentation by Steven, he was including that, he... Mr. Olmedillo: Yes, what's in blue there... 4 Mayor Suarez: No? 4 1b. Mr. Olmedillo: There, it's out in the Tigertail Plan. { Mayor Suarez: Okay, then, all right, I'm sticking to the Tigertail ( recommendation. 171 Apr4l $0, 1907 i � 4 41� Mr. Plummer: Yes, but you see, doing that, we don't get a straight line. Mr. Fitzgibbons: Mr. Plummer, you can draw a straight line there up to the intersection of Aviation and 27th because you already have an SPI 12 district in that where he's pointing now. So changing the line there doesn't have a practical effect. If you look at the existing zoning. Mr. Marina: I think it was my microphone. I'm having to fight for it. I think, J. L., the confusion is, they have to change it, supposedly, because there is an SPI-12 adjoining those six lots. If the SPI-12 is there, leave the SPI-12, nobody seems to object to it, it would be downgrading the zoning and probably couldn't be done. Take the six lots and leave them the way they are. Mr. Plummer: I see. I see it, yes. Mr. Marina: Okay? I'm speaking for you, you don't need to.... Mayor Suarez: That completes... Ms. Kennedy: The presentation. Mayor Suarez: No. Mr. Marina: Unfortunately, if you can give me one more second.... Mayor Suarez: The rebuttal - almost completes the rebuttal? Mr. Marina: If you can bear with me. Okay... Mayor Suarez: We're not going to take anything more from the opponents except clarifications that commissioners might request, so you can take a seat. Mr. Marina: If we have a little bit of time, I would like the people from Cocoanut to speak for themselves. Although they are part of our group, there are people here that would like to speak just for a second. But, anyway, to summarize, the challenge was one of vision. You have rapid transit, you have a street, you want to bring a unified zoning to that street. The property owners on that street are in agreement what they are getting is satisfactory to them. I think the challenge is now back to the commission. It might not be perfect, it might not be the best, but it is something we can work with. It is something that you have all the property owners willing to both downgrade, give you sidewalks, and in reality, the commercial aspect of the first floor or the second floor has never been a big issue with us. So even that can always be negotiated away because RO implies certain residential uses in the first floor - I mean some commercial uses - as long as those are maintained, the others are immaterial. I think its very important that we preserve the parking in the rear. One thing that all those pretty pictures did not show you, and you know, Mayor Suarez and Commissioner Plummer, when you drove down that street at two o'clock, there's no nice trees and there's no pretty landscaped areas. There is wall to wall cars sitting in the area of the property that In dedicated to the city, but that is public use. They're all over the place. I think what we have is... it's a that was designed by a committee, but it's the only one we have and it avoids us having to come back a little bit disappointed and request our own changes of zoning. Thank you very much. Mayor Suarez: Thank you, Tony. Please, please, please. Mr. Dawkins: Mayor, if you're going to let her rebut now, this gentleman here should have a chance to finish his.... Mayor Suarez: Well, I'm informed that.... Mr. Dawkins: Okay, now wait, now... I want you to be fair now. Mayor Suarez: Yes, but. Mr. Dawkins: See, I cut the mike off on this gentleman, so if you're going to let two or three people over here rebut, then this gentleman should be allowed to finish his statement. �. 172 �rft�4,t t.y - :. •. ,.:. . ,. :. :.. .. ..Y :r� z.:c�� .;J•_J_31 ..,1:A5� kin April 3 M Mayor Suarez: Well, the thing is, the rebuttal.... (Applause) Mayor Suarez: ... the rebuttal is for a side, not for an individual, that's the problem. Just finish up the rebuttal quickly, please. Mr. Dawkins: Well, after she rebuts, I'd like to hear from him. Mayor Suarez: You're welcome to ask for anyone else to come up, you have that privilege. Yes, ma'am . Ms. Elizabeth Plater Ziebert Duany: My name is Elizabeth Plater Ziebert Duany. Elizabeth Plater Ziebert Duany. I'm one of the Cocoanut Avenue property owners who is supporting the city plan proposal and Jean Dolan, who will be speaking in behalf of the pro -Cocoanut Avenue people will follow me, but I wanted to register my support for the plan. Mayor Suarez: Thank you for your statement. Not really a rebuttal. Unidentified female voice: I will speak for the opponents, please. Mayor Suarez: If the commissioner wants you to. Mr. Dawkins: I want to hear from him but I.... Mayor Suarez: I think he was concerned about the fact that he was not able to complete whatever he was about.... Mr. Plummer: Excuse me. Excuse me, Mr. Mayor, the normal procedure is, let's finish up with the rebuttal.... Mayor Suarez: Right. Mr. Plummer: And then, if any commissioner wants to ask anyone to come forth and speak Vien that would be the proper way. Mayor Suarez: I thought we were, I'm sorry. I thought we were finished with the rebuttals, this.... Unidentified female voice: I'd like to rebuttal Cocoanut. I support the planning department's plan, as do many of the people here on Cocoanut and, unfortunately, Mr. James Merrick Smith, who owns four parcels there, could not stay. He's just left; he asked me to support this. What we are talking about is a street on the north of Cocoanut that backs up to an R03/6 eight -story office building, five feet from the back property line. When that property for our company was originally purchased, we were going to do duplexes. But, within a vary short time before we could start building, we had an R03/6 eight -story building, five feet from the property line. So, therefore,.our plans had to change as did many of the other people's plans have to change. The R02/5 is already on Cocoanut. It extends around Cocoanut already. We have many of the people here and we support Cocoanut remaining with the plan as a step down area. Logically from Grove Gate down to the R03/6, down to the RG2/5, and stepping down to the south of Cocoanut. It's a very sound plan. It works. You're talking about if a development goes there, it can be a three-story stepping back. We support the Planning Department and we hope you won't take that out of the original plan. We are cutting time short tonight and at least two other people wanted to address you for the north of Cocoanut, but in courtesy to you, I'll be the last speaker on Cocoanut. Thank you. Mayor Suarez: Thank you. For your statement, for being brief. (INAUDIBLE COMMENT FROM THE FLOOR) Mayor Suarez: Middle of the road. We've heard just about every possible argument, we've heard.... Mr. Plummer: No, no, no, no, Mr. Mayor.... Mayor Suarez: ... proponents, opponents, and rebuttal. Unless a commissioner wants to hear specifically.... l 173 April $9 -7 r' $947 Mr. Plummer: I ask... If rebuttal is finished, does anybody else want rebuttal for the... okay. Then, Mr. Mayor, you're closing that area. I would ask to hear one middle of the roader. For two minutes. Ms. Kennedy: I was just going to say the same thing. Mr. Plummer: For two minutes. No more. James Johnson, Jr.: Okay, I have an office building that's zoned commercial/residential on Trade. Ms. Kennedy: James, state your name for the record and address, please. James Johnson, Jr.: James Hayden Johnson, Jr. I live in Coconut Grove at 3025 Blaine Street. Mr. Plummer: Where's your building? Mr. Johnson: Okay, my building is one West Trade. I have a six -unit apartment building which is zoned commercial/residential right now where I have my office. I live on Blaine Street and I also have the property. I have like 25,000 square feet across the street on the corner of Blaine and Lincoln and I have the other property which is on the opposite corner. I have like six lots on one side, five on the other. The only thing that I would like to say is, what 'are you going to do with me if you change the zonings, when I come up to ask for something. I plan on developing and living there. Right now, I plan on developing, the way things stand, but if you change things, what are you going to do in relationship to what I'm going to do? Are you going to be... if I come and ask for townhouses to make a prettier section that's going to back up to what you're now putting in, are you going to approve it or are you going to choke me back so that what I've got going on now is going to be a problem? I can't say I'm either way, right now. Before, I was against it. Right now, I really can't say what.... Mr. Plummer% Yes, but you know, you're asking us to look into a glass crystal ball - first of all, what are you going to propose in the way of townhouses. I would say to you that if this were to be approved, you're going to be very limited. Outside of that area. Mr. Johnson: This is what I wanted you to be able to say. Mr. Plummer: Well... yes... I'm not saying that that's definitely the case. You know, what's going to be said up here is what three votes say, or more, on any particular item. But, if you're going to do a plan, and that's what has been proposed, then, what the hell are you doing a plan for, if you're going to allow encroachment, encroachment, encroachment beyond that plan, then you've accomplished nothing with the plan. A uniform plan. Mr. Johnson: That's what I'm saying. We need something uniform for the area and I'm definitely for that because I have a lot involved there. But whether It's change it to what it is now or to leave it and go for it, it's not for me 1 to say. It's just what is going to happen to the abutting properties if you do either way? For me, the street... originally, they were going to close off Lincoln and Trapp at the back end of the lots that exist on 27th which Mould, i of course, help us as residential which will not hurt what I have to plan I there. But each time something changes and each time it comes up, there is something new to where everybody's now tired of listening to all of this problem. Thank you. 4 { Mayor Suarez: Thank you, James. Commissioners... Commissioner Dawkins, do i you wish to hear? What's the city commission's pleasure? Mr. Plummer: Mr. Mayor, if there is only person on this side that wants to rebut, I will ask her to do so now. If we're going to open it up to five or six more people, then the answer is "no." Mayor Suarez: For one person? Mr. Plummer: Is there anybody besides this lady that wants to rebut? Then I i� would ask, Mr. Mayor, that she be shown the courtesy of two minutes. Mayor Suarez: Please.'. 174 April 39, MI. I E Ms. Mona Michelle: Thank you. My name is Mona Michelle and I live at 3034 S. W. 27th Avenue and the property that Mr. Marina is talking about really affects my property, all the property on Center Street and we own like... I am the president of the association - we own twelve units and he owns the property to the right of us and on the back of us. And, please, I would like to beg you, this is my home, this is our home. I have a child and I would love to see 27th Avenue beautified. We want the sidewalk, we want the streets, but, please, we don't want a shopping center in the back of us. We don't want a restaurant in the back of us. I mean, this is... I don't have any... this is my piece of the pie. I want them to enjoy their money and to... but I don't... not while they're eating my piece of the pie. So let us, please, keep our neighborhood home for children, for raising children, and let them develop with other apartments, but, please, we don't want any commercial in the back of us and on the side of us. Thank you. That's all I have to say. Mayor Suarez: Thank you for your statement. (APPLAUSE) Mayor Suarez: Please. Please, doesn't help. Mr. Plummer: Mr. Mayor, I make a motion the public hearing be closed. Mayor Suarez: So moved. Ms. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. THERE UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER KENNEDY, THE PUBLIC HEARING PORTION OF THIS ITEM WAS CLOSED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ;i Mayor Suarez: It's going to die for lack of interest at this point. Mr. Plummer: Well, Mr. Mayor, I'll start off. I'll give you my position. I { think I've pretty well espoused it through the hearing. I think that this all came about because we, the commission, as well as the residents saw a piece _j mealing effect that was not necessarily good for the area and I sat on the commission at the time when we said, ... Look, we're not going to allow this to continue. We want to have a unified plan and at that time, and I still agree, that the character of 27th Avenue has changed; there's no question about it. If you look to the north of Dixie Highway, I think you see what most likely In going to be to the south of Dixie Highway. And I think that there is going to definitely be a corridor that is going to be an entrance to Coconut Grove. I don't think there's any question about that. I have two, 1 three problems. First problem, I don't think the street needs, in any way, shape or form, a 100 foot width; I think theta out of the question. I am not in the best posture to say what is but I do feel that they would like to see, without question, sidewalks. And I think it is very important. The second °=r i area that I have, an area of concern, is to the east of 27th Avenue because Rosario and I are part of the suffering of a main thoroughfare, such as 17th Avenue. And I want to tell you that if I had... I can't convince my neighbors, but maybe, someday they will see what I see. I think you need to protect the cut off those streets. I really think that that has to be dose to p ;1 single family residents.{' � (APPLAUSE) s 175 April 30,.1987 Mr. Plummer: My neighbors won't agree with me and that's unfortunate. And the third area that I have an area of concern, is the area referred to as the 2A. As long as I have sat here, to me, when you have something there, a person could go to court and say, I have an undue hardship by virtue of the shape of my property or whatever. I think that that has just got to be changed and I'm not that smart to know how it can be changed to cross that parcel or maybe it doesn't need changing at all as it relates to the twelve. I think that this plan does, in fact, offer some very fine advantages. And, I guess one of the best ones that I heard was that if this plan passes, there will be no applications for variances. To me, that is a real plus item. Excuse me? Did I misunderstand? Mr. Walter Pierce: No, sir, but we found a slight flaw in the ordinance and we'll speak to it when you're finished about that very point. Mr. Plummer: Well, you know, I wish you'd speak to it before I speak because I'm going to be making statements and I've made up my mind, after hearing all of this, and if you're going to have something that could possibly change my mind, would you please bring it out. Mr. Pierce: Yes, sir, we'll do it now. Mr. Plummer: Speak. Mr. Pierce: The two areas in item 17 that are potential problems. First, is that it puts in a requirement that no variance shall be permitted in the district. We have no problem with that. But it also says that there shall be a minimum frontage requirement of 100 feet. And it came to mind that there are some situations already, one that we know of, where there is only a 50 foot lot which cannot, the ownership... the area of that lot cannot be expanded by acquisition. And it would, in effect, preclude the redevelopment of that lot and does not grant any avenue for relief for that property owner which we don't think is fair or legally defensible. Mr. Plummer: And which lot is that? Mr. Pierce: That is the lot between the condominiums and the Amoco station at 27th and Bird. Mr. Plummer: Well, now, that's the one that Mr. Marina just... Mr. Olmedillo: The coral rock. Mr. Pierce: The coral rock house. Mr. Plummer: That's the one that Marina spoke to. Are you saying that that is a fairness as except for that particular lot? ' Mr. Pierce: That is the only one that I know of at this moment. ? Mr. Plummer: All right. How do we address that issue to be fair? Mr. Pierce: Well, the city attorney and I have been sitting here conferring and we have come up with something and I wanted to read that.... Mr. Plummer: That scares me. �l Mr. Pierce: It's in line with rickshaws, don't worry. The first one would be that on page, the hand numbered page in the ordinance, in item 17, the second paragraph which presently reads: "No variance shall be applied for within the boundaries of this special district." We would modify that, in effect, to read: "No variance shall be applied for within the boundaries of this special district which affect the height, bulk, location, or exterior configuration of any existing principal structure or for the erection of any new principal structure or erection of any sign." That simply says then that you can't apply for a variance for anything affecting how you build there. But it does leave it open then for you to apply for a variance for reduction in the minimum lot frontage requirement. And, at the same time, we Mould have to amend the section on... well, on numbered hand lettered page, or number 26, section 15130.1, subsection 15130.1, which will then read... it currently j reads: "Minimum lot frontage shall be 100 feet." That would be changed to { read: "Minimum lot frontage shall be 100 feet. No lot, as defined in section i 176 April 30, 1987 2005.1, shall be created subsequent to the effective date of this ordinance which does not meet this minimum standard. This ordinance does not affect now conforming substandard lots existing at the effective date of this ordinance unless a subsequent purchase of contiguous property in one ownership creates a standard lot frontage." That just simply gives them a method of potential relief for an owner with less than 100 feet. Mr. Plummer: Are you telling me that that is the only lot affected? Mr. Pierce: That is the only one that I know at this time. I can't say that's the only one that's affected. Mr. Plummer: And it doesn't preclude, from what I heard you in your second reading there, that that lot can be acquired by either the filling station or by the condominiums. Mr. Pierce: No, they can still.... Mr. Plummer: They can be. Mr. Pierce: They can be. Mr. Plummer: But what you're saying is that with this wording, that lot and that lot only could apply for a variance.... Mr. Pierce: ... to the 50 foot frontage requirement. Mr. Plummer: All right, now. If you had a 50 foot frontage there and you applied the SPI 13, how would that affect with a 50 foot lot? Mr. Pierce: I don't really know that at this moment, but this being first reading, if the commission passes on first reading, we will certainly be in a position to not only tell you how it would affect that particular lot, but we would also be able to tell you if there are other lots in a similar condition along the... in the special district. Mr. Plummer: All right. Then if it were to pass, would you also come back, and I can't speak for my colleagues, but for, I think Commissioner Kennedy and myself, we have expressed our opinion, and tell us how that you removed 2A and what you would do there. Mr. Pierce: Yes, sir. Certainly. Mr. Plummer: That really doesn't change anything that I had to say. It does address the one lot that is inequitable. I just... I would hope you would also come back, if this passes, and make a recommendation as to what the width of the street would be. Maybe, as the Mayor said, that it might go to a three lane to accommodate the needs. Three lanes would be surely, I guess what - under 60 feet? Surely, under 70. Mr. Olmedillo: Yes, 70 - 70 feet is four lanes. Mr. Plummer: Well, maybe four lanes is not what's necessary. Maybe three lanes is what In necessary. I can't answer that. But, I just made my comments. Hello? Mayor Suarez: Anyone else? Any motions for or against, in between? Mr. Plummer: Hello? Ms. Kennedy: Just say that I don't think anybody can argue the very special nature of Coconut Grove. It is one of our very most unique resources and it's something that we must preserve. Yesterday I met with many many of you, in fact I've been meeting with you throughout the week. Out of the 20 or 30 people that I've met, all of you have opposed this plan. Not one person who Is in favor of this has called my office nor come to see me. That doesn't affect me anyway*, because sometimes we have to take stands that are not popular, but... I'm going to make a motion. I'm going to be courageous and move to approve this plan with the conditions that Commissioner Plummer just expressed. �.� Mayor Suarez: So moved. Please. 1, 177 April 30, 190T` Mr. Plummer: Well, I'm assuming we're moving them one by one. Okay? Seventeen is the first one. Ms. Kennedy: Seventeen, seventeen. Mr. Olmedillo: Seventeen is an amendment to the ordinance to have this newly created district in the reading of the ordinance. That has not been applied anywhere, geographically. So, you're creating an instrument which is going to be utilized.... Mr. Plummer: I will then second the motion. Mr. Dawkins: Under discussion. When I came on board here, Coconut Grove was being rezoned right and left. I was the only member up here voting against the rezoning. And, in order to get peoples' attention, I voted to rezone an area and everybody hit the ceiling. They came in and wanted to nail me to the cross. But I got everyone's attention and from that, we decided to work together and we said at that time we were not against development in Coconut Grove, but we were for planned development. And at that time, I established a task force made up of Tim McMasters, Paul Young, and a lot of other people out there, who would sit down with me to arrive at a decision. What I failed to do was include in that some of the people who now are in favor of the planned growth that we said we wanted. So that puts me in the predicament of lying to somebody because those I told that you should come back with a planned development, I would vote for it. And those who I said if you advise me on zoning, I will vote against it. So, therefore, those whom I ask to help guide me have said, vote against this. But I am for the planned growth. And I don't know how to say to both groups, get together, because we've been telling you to get together for two years, but it would appear to me that since both groups came in with a plan that wasn't too far away from what the administration recommends, that there should be some room for compromise on both sides. But, I don't know how to do that because there's no guarantee that if I continue this for one more meeting for you to come together, that you're going to be any closer together than you are now. So, with that, I have no further discussion. Mayor Suarez: We have a motion and a second. Any further discussion? Have to read the ordinance, I presume. (The City Attorney reads the ordinance.) Mayor Suarez: Call the roll. Mr. Plummer: Mr. Mayor, before you call the roll. Mayor Suarez: I'm sorry. Commissioner, Vice Mayor. Mr. Plummer: Just one short statement. I want to make it very clear that I have expressed my concerns. If, in fact, these concerns are not satisfied before second hearing, as always, of course, I reserve the right to change my vote. I have expressed these concerns. I hope the department will address them before the second hearing, because if you don't, I might have some different feelings, so I just wanted to put that on the record. Mr. Olmedillo: Yes, sir. Ms. Kennedy: And along those lines also, I have expressed some of your concerns for the department such as landscaping. I believe that they should be more heavily landscaped. Sergio Rodriguez has promised that he would do that and I think that we can work together. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 15, ENTITLED "SPI SPECIAL PUBLIC INTEREST DISTRICTS: BY ADDING NEW SECTIONS 15125. ENTITLED "SPI-13 SOUTHWEST 27TH AVENUE GATEWAY DISTRICT", AND 15126. ENTITLED "INTENT", AND 15127. ENTITLED "SPECIAL PERMITS", AND 15128. ENTITLED "PERMISSIBLE PRINCIPAL USES AND STRUCTURES", AND 15129. ENTITLED "LIMITATIONS WHERE LOTS IN THE SPI-13 DISTRICT ABUT LOTS UNDER RS OR RG ZONING DISTRICTS", AND 15130. ENTITLED "MINIMUM LOT REQUIREMENTS; FLOOR AREA LIMITATIONS; MINIMUM OPEN SPACE REQUIREMENTS; DEVELOPMENT ALTERNATIVES", AND 15131. ENTITLED "MAXIMUM HEIGHT", AND 15132. ENTITLED "MINIMUM OFF STREET PARKING", AND 15133. ENTITLED "LIMITATION ON SIGNS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez 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. DURING ROLL CALL: Mr. Dawkins: I'm going to vote "no" because I have been going that way constantly. But, as J. L. said, in the event that this does pass and at the second reading things have been worked out between everyone, I will vote "yes." 48. DISCUSSION, TEMPORARY DEFERRAL OF ATLAS CHANGE FROM RO-2.1/5 AND RG-2/5 TO SPI-13 (27TH AVENUE GATEWAY DISTRICT) (See label #50) Mayor Suarez: PZ, is there a companion item, Guillermo? Mr. Plummer: Yes, up to 22. Mr. Olmedillo: Yes, these are companion items and then.... Mayor Suarez: How many of them altogether? Mr. Olmedillo: SPI, 17 through 22. Mayor Suarez: Up to 22? Mr. Plummer: Up to 22. Tell me what 18 does now so I can.... Mr. Olmedillo: Eighteen addresses what is known as 2A... what In depicted as 2A here. That is the east side of 27th Avenue, for those properties fronting on 27th Avenue to apply the newly created district to those properties in the map. There is where you showed your concern about the particular property in question. Mr. Plummer: Well, are you saying that we defer this? 179 April 30, 1987 i 4 Mr. Olmedillo: You said bring it back on the second reading and bring it with a solution. Mr. Plummer: Well, item 1S applies to how much there? From where to where? Mayor Suarez: Do the boundaries, please. Mr. Plummer: Is it the entire east side of 27? Mr. Olmedillo: The entire east side of 27th Avenue. Mr. Fitzgibbons: Mr. Plummer. Mr. Plummer: Yes. Mr. Fitzgibbons: May we pass that and just change the language to exclude that section? Mr. Plummer: I got no problem with it, but in the interest of fairness, I can't sit here and dictate what I think it should be. That's why I was wanting them to do that before the second... I will give you my pledge right now that's got to change. Okay? That it's not going to be what it is right now. I... in the interest of... you got any problem if we change that now? Mr. Olmedillo: No. No, sir. No, not at all. Mr. Plummer: Then tell me how we exclude that referred to as 2A. Mr. Olmedillo: We have, in the ordinance I believe, the properties are described legally. Each one of them. What we can do is say that the boundary line will come on Aviation to the point where it meets 27th Avenue and turn northeast on.... Mr. Fitzgibbons: Abaco. Mr. Olmedillo: ... on Abaco until it meets that point which is already described in the map. Mr. Plummer: All right, let me ask you this now. If we do that, are we going against our concept of uniformity? Mr. Olmedillo: That change will not introduce a real change as to... as far as the integrity of the plan. I think the plan retains integrity whether that property is included or not. Mr. Plummer: Okay. Mr. Olmedillo: It will make a difference.... Mr. Plummer: See, I... I understand what the reasoning is that you can't do what I want to do and that is to draw the line straight as it is straight everywhere else. Okay? Mr. Olmedillo: Right, right, right. Mr. Plummer: So then we can pass eighteen excluding as you have just delineated the wording. Mr. OlmedUlo: Right. Terremark Building.... And retaining the SPI 12 on the property which is the Mr. Plummer: Okay. Mr. Olmedillo: The Giffern house. Mr. Plummer: Are you offering.... Ms. Kennedy: ... you can move it as it is.... 180 April 30; i Is Mr. Plummer: stated. No - ch - I'll offer it deleting that which has just been Ms. Kennedys Second. Mayor Suarez: Moved and seconded with the deletion. Any discussion? Read the ordinance. Mr. Plummer: Which one of these addresses the street width? Mayor Suarez: ... if 'any. That's not.... Mr. Plummer: Which one of these address the street width? Mayor Suarez: If any. Do any of them? No. Mr. Plummer: None of them do. Mr. Olmedillo: Nor the creation of the district or the application of the districts or the rezonings. They do not address the width of the street. Mr. Plummer: All right. Then do we offer a separate resolution? How do we establish that, through an ordinance? Mr. Olmedillo: That would have to be through a separate resolution, I believe. Law department, please. Ms. Dougherty: I'll bring it by next time. Mr. Plummer: Well, wait a minute, before.... Ms. Dougherty: I'll just bring it back next time, that's all. ... on second reading. Mr. Plummer: Mr. Mayor, if I may, let me withdraw eighteen for one moment. I would offer, at this time, a resolution that the city attorney be instructed to bring back a resolution - is 70 feet? Mr. Olmedillo: That's the code. You're addressing the code there. Mr. Pierce: Mr. Vice -Mayor. Mr. Plummer: Yes. Mr. Pierce: That is a section of the city code. I believe its chapter 54 of the city code and it needs an ordinance to amend it. You don't need to... we understand where you are and we will have present on the next agenda, the first reading of that particular ordinance to change that for the commission's consideration. Mr. Plummer: Okay. Mr. Pierce: All right. We don't need a motion, we'll do it. Mr. Plummer: Okay. Mr. Pierces We'll have it here for you. Mr. Plummer: So then I move eighteen as modified. Ms. Dougherty: We need some time to modify the title to eighteen to delete your legal description. ;- N !i 1� } i� 18 April 30t _190 f rt • ------------------------------------------------------------ ------------------ 49.(A) AMEND 27 AVENUE GATEAWAY DISTRICT TO PROTECT THE RESIDENTIAL AREA ENCROACHMENT BY COMMERCIAL AREA PARKING; (B) FIRST READING ORDINANCE: ZONING CHANGE FORM RO-2.1/5 AND RG-2/5 TO SPI-13 FOR 27TH AVENUE GATEWAY DISTRICT. Mr. Plummer: Do you want us to move on? Ms. Dougherty: Nineteen, yes. Mr. Plummer: All right. What does nineteen accomplish, sir? Ms. Dougherty: I have to change that title. Mr. Olmedillo: Nineteen. It's the other side of the street. Mr. Plummer: All right. Mr. Olmedillo: The SPI 13 being applied to the western portion of 27th Avenue. Mr. Plummer: Do you move it? Go ahead. Ms. Kennedy: Move it. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Jimmy, do you just want to reflect on the record objections to.... Ms. Dougherty: It's going to be in the title, yes. We're going to take it out. Mr. Jim McMaster: Well, I'd just like that I think it should be noted that all three rezonings on this strip were to RO. There has never been a request for a commercial rezoning along this strip. The only one was right up along US 1 that the planning department, itself, opposed. I think that what we're really arguing here and if people are interested in a compromise position, the RO, with its setbacks that are very similar to the existing RG-2/5, is compatible with the existing zoning and I would like to see, put in the language of this, there are no variances. How about no off site parking lots? Because commercial on this- strip is invariably going to bring requests for special exceptions which any landowner can request a special exception and this board knows that that's what is going to happen within a year or two. Mr. Plummer: I don't have any problem with that. Mr. McMaster: Oh good. I would like a - whatever - in these.... Mr. Plummer: In other words, they've got to provide parking for their situation on site. Mr. McMaster: And no applications for special exceptions. Mr. Plummer: Well, that would be a variance, wouldn't it? Mr. McMaster: No, I don't think it In. Is it? Mr. Plummer: A conditional off site parking is a variance? _. Mr. Fitzgibbons: Yes. Mr. Plummer: Well, but its outside of the district. Mr. Fitzgibbons It's outside of the district. Mr. Plummer: Yes. I have no problem with that at all, that if they're going to develop they've got to develop on the site they're parking. ":5! li5 182 April_ 30$ . 1937, Mr. Pierce: I believe you're going to have to go back to the item 17 though. That's where that amendment would have to be, in the district. SPI 13. Mr. McMaster: Excuse me, I realized that it was first reading, so if it was directed, they could put it in for second reading. I know its already passed on first reading. In other words, you're going to have to redefine this.... Mr. Plummer: I, for one, have no problem with that. Mr. McMaster: Thank you. Ms. Dougherty: We'll just put it in. If you give us a motion for that direction, we'll put it in on second reading. Mr. Plummer: I so move. Mayor Suarez: Moved. That would be just asked to preparing that for second reading or as incorporating it now for first reading? Mr. Plummer: To amend.... Ms. Dougherty: Put it in second reading. Mr. Plummer: To amend it on second reading. Mayor Suarez: So moved. Do we have a second? Mr. Dawkins: To amend what, J. L.? Mr. Plummer: What it basically says is that if you rebuild, you've got to have your parking on the site that you're rebuilding. You cannot go into a residential area and take over parking there. Mr. Dawkins: Second. Mayor Suarez: This is on the assumption that it will pass on first reading and that it's a better alternative. Mr. Plummer: Well, they're saying that it's 17, which is already passed. Mayor Suarez: Right. Mr. Plummer: And they're saying it's better to correct it on the second reading. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Ms. Dougherty: This is... oh, I'm sorry. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-404 A MOTION INSTRUCTING THE CITY ATTORNEY TO AMEND PREVIOUSLY PASSED FIRST READING ORDINANCE CONTAINING A ZONING TEXT AMENDMENT TO ARTICLE 15 BY ADDING NEW VARIOUS SECTIONS, (SPI-13, S.W. 27TH AVENUE GATEWAY DISTRICT/ITEM PZ-17 OF TODAY' AGENDA) TO ENSURE THAT NEW DEVELOPMENT IN SAID AREA MUST PROVIDE PARKING ONLY IN THE ALLOWABLE SPI-13 AREA TO PROTECT THE RESIDENTIAL AREA FROM ENCROACHMENT BY COMMERCIAL AREA PARKING. Upon being seconded by Commissioner Dawkins, the motion was passed and f_ adopted by the following vote- . ; }, qa 183 April 30� 1987 }r k. AYES: Commissioner Joe Corolla Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mayor Suarez: Okay, now as to the.... Mr. Plummer: Nineteen; we had a motion Commissioner Kennedy offered before. I second it. Ms. Hirai: Teo. Mayor Suarez: Moved and seconded. Any discussion of PZ-19? Call the roll. (Ms. Dougherty read the ordinance) Mr. Dawkins: Better get Rosario out here. You need a full commission. Mayor Suarez: Roll call. Mr. Dawkins: No, we need a full commission. You need a full commission, I'm voting "no." Ms. Dougherty: Did you have the changes for 18? Mr. Plummer: Well, we're getting legalistic here now. Mayor Suarez: No, no - he's saying because he's going to vote "no." Mr. Dawkins: And you need a full commission. Mayor Suarez: If you Want it to pass.... Mr. Plummer: Oh, oh, okay. • Mayor Suarez: Because he's going to vote "no".... Mr. Dawkins: You need a full commission. Mr. Plummer: I'm sorry, I was listening to the clerk. Mayor Suarez: I'm going to vote "no" too, so if you want it to pass, you may as well.... Mr. Dawkins: That's right, get the other commissioner. Mr. Fitzgibbons: Mr. Commissioner, may I use the idle time for a second? Mayor Suarez: Helluva term to use. Mr. Fitzgibbons: Tou have discussed for us the problem with traffic. Now is there any way the commission can direct some..e make some mandate that the traffic study be done before the building starts? Mr. Plummer: I will get to that at the very end...* wall, no, not before building starts now. Mr. Fitzgibbons: Vell.... Mr. Plummer: No. no. I will address that that study must be done and then we'll deal with the study. I think the key point is that the problem has existed because the person who promised to put up the money didn't put up the stoney. Tex, the traffic study mist be done and as soon as that is completed, this commission will deal with it in the appropriate manner. But, I think... You know, you just don't want to see it die is what you don't want to sea. Mr. Fitzgibbons: Tea, well, we ware here at the SPI 12 district and it died after that. Ve were told for five years that we were going to have a traffic 184 April SO# is 11 study and it hasn't happened. So we're concerned that this is going to pass and it won't happen. Mr. Dawkins: We have a full commission. Mayor Suarez: Call the roll. Ms. Hirai: Roll call on nineteen. AN ORDINANCE ENTITLED-, AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM RO-2.1/5 AND RG-2/5 TO SPI-13 SPECIAL USE DISTRICT AND ALSO DELETING THE SPI-3 OVERLAY APPLYING THE SPI-13 "SPECIAL USE DISTRICT," TO THE AREA GENERALLY BOUNDED BY SOUTHWEST 28TH TERRACE ON THE NORTH; SOUTHWEST 27TH AVENUE ON THE EAST; A LINE PARALLEL TO DAY AVENUE AND LOCATED APPROXIMATELY 50 FEET NORTH OF IT ON THE SOUTH; A LINE PARALLEL TO SOUTHWEST 27TH AVENUE AND LOCATED APPROXIMATELY 150 FEET WEST OF IT ON THE WEST; EXCEPT FOR THOSE LOTS FRONTING BIRD AVENUE AND LOCATED BETWEEN SOUTHWEST 27TH AVENUE AND CENTER STREET; MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBERS 42 AND 46 OF THE ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez 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. 50. FIRST READING ORDINANCE: ATLAS CHANGE FROM RO-2.1/5 AND RG-2/5 TO SPI-13 (27TH AVENUE GATEWAY DISTRICT) (See label #48) Mayor Suarez: PZ.... Mr. Plummer: Wait a minute, wait a minute. She's telling me something about a problem with eighteen? Because as modified, we had to.... Ms. Hirai: We had passed eighteen but you had withdrawn the motion to Institute something else... to introduce a motion. So It we could call the roll again, you have to reinstate the motion on eighteen. Mr. Plummer: Eighteen.... Ms. Dougherty: Now eighteen, I have not read yet, because we had to redo.... Mr. Plummer: Eighteen we skipped over because she wanted some time to modify.... No. Dougherty: ... we skipped over eighteen, I read nineteen. Ms. Hirai: The motion had been withdrawn, so we have to do it again. 185 April 50, 1901 0 • Mr. Plummer: Well, but not until we get the wording from her. Me. Dougherty: Well, I have the wording now and you can pass eighteen now. Mr. Plummer: All right. I move eighteen as modified. Me. Kennedy: I second. Mr. Plummer: And the city attorney will enter in the modification. Me. Dougherty: Do we have a second? Second? Mr. Plummer: Excuse me. Ms. Dougherty: Do we have a second? Mr. Plummer: Yes, Commissioner Kennedy. Ms. Kennedy: I seconded it. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM RO-2.1/5 AND RG-2/5 TO SPI-13 SPECIAL USE DISTRICT AND ALSO DELETING THE SPI-3 OVERLAY DISTRICT TO THE AREA GENERALLY BOUNDED BY APPROXIMATELY SOUTHWEST 27TH AVENUE ON THE WEST; 150 FEET NORTH OF ANDROS AVENUE ON THE NORTH; LINCOLN AVENUE ON THE SOUTH AND ON THE EAST AN IRREGULAR BOUNDARY WHICH FOLLOWS: A LINE PARALLEL TO SOUTHWEST 27TH AVENUE AND APPROXIMATELY 150 FEET TO THE EAST FROM LINCOLN AVENUE TO SWANSON AVENUE; FROM THAT POINT DUE EAST TO THE INTERSECTION OF AVIATION AVENUE; FROM THAT POINT DUE NORTHWEST TO THE INTERSECTION WITH INAGUA AVENUE; FROM THAT POINT DUE NORTHEAST FOR APPROXIMATELY 300 FEET; FROM THAT POINT DUE NORTHWEST TO THE INTERSECTION WITH ANDROS AVENUE; FROM THAT POINT DUE EAST TO THE INTERSECTION WITH WASHINGTON AVENUE, AND FROM THAT POINT DUE NORTH TO THE INTERSECTION OF A LINE PERPENDICULAR TO 27TH AVENUE AND LOCATED APPROXIMATELY 150 FEET NORTH OF ANDROS AVENUE; MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 45 OF THE ZONING' ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins 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. Y 186 April. 30, ;Ift? L, i, 51. FIRST READING ORDINANCE: ZONING CHANGE FROM RG-1/3 TO RG-2/5 IN CERTAIN AREA FOR 27TH AVENUE DISTRICT Mayor Suarez: PZ-20. Are we up to? Mr. Plummer: Yes. All right, tell us what basically.... Mr. Olmedillo: That is... twenty is the north side of Cocoanut Avenue. That is changing to an RG-2/5. Right now it is an RG-1/3 which is a duplex zoning and this In going to a multifamily zoning. That is the north side. That is the side that was addressed because this is an RO-3/6 zoning district and in order to grant relief and make a better relationship of the building envelopes of these two districts, we are proposing to increase the intensity here on the north side of Cocoanut Avenue. From here to here. Mr. Plummer: Okay. That is where the office building is now? Mr. Olmedillo: North of it is where the office building is right now. Mr. Plummer: Okay, does that address any of my concerns? Mr. Olmedillo: That is not any of the concerns that you expressed before, sir. Mr. Plummer: All right. I move twenty. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Second. Any discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM RG-1/3 TO RG-2/5 ZONING CLASSIFICATION TO THE AREA GENERALLY BOUNDED BY COCOANUT AVENUE ON THE SOUTH; A LINE PARALLEL TO VIRGINIA STREET AND LOCATED APPROXIMATELY 150 FEET EAST OF IT ON THE WEST; A LINE PARALLEL TO COCOANUT AVENUE AND LOCATED 150 FEET NORTH OF IT ON THE NORTH; AND A LINE PARALLEL TO SOUTHWEST 27TH AVENUE AND LOCATED APPROXIMATELY 150 FEET WEST OF IT ON THE WEST; MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 42 OF THE ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. i Mayor Xavier L. Suarez NOES: None. f ABSENT: None. The City Attorney read the ordinance into the public record and 1 announced that copies were available to the members of the City Commission and to the public. ;, 187 April 30, 1987 `r ------------------------------------------------------------------------------ 52. FIRST READING ORDINANCE: ZONING CHANGE FROM RG-1/3 TO RG-2.1/3.3 IN - CERTAIN AREA OF 27TH AVENUE DISTRICT Mr. Plummer: Twenty-one? What does that accomplish? Mr. Olmedillo: Twenty-one. It's the south side of Cocoanut. Right now, its an RG-1/3 district which is a duplex zoned and we are moving it to a town home district. Mr. Plummer: You know, that's the area I got the most concerned about, I want to tell you. I'm going to vote for it today on first reading, but I want to tell you, I've got some... you're saying that that becomes a buffer. Mr. Olmedillo: That, in fact... the idea was that we are stepping down from the highway, which is a high intensity sector, which is a SPI; then we have - the RO-3/6, then we have the RG-2/5 and we're bringing it down so that by the time it gets to the houses behind it, it's a single family in a duplex zoned. In order not to have a very large step between the multi family RG-2/5 down to a single family and.... Mr. Plummer: Yes, but in townhouses, how high can you go? Mr. Olmedillo: Twenty-five feet. Mr. Plummer: Maximum. Mr. Olmedillo: Yes. Mr. Fitzgibbons: Isn't it 35? Mr. Plummer: Okay, I'm going to vote for it today, but I'm going to go ride that area. Mr. Olmedillo: Ride it. It'll be - eloquent. Mayor Suarez: Do you want the record to reflect... Mr. McMaster: I just think... Mayor Suarez: ...comments made as to all the other ones? I mean, I don't imagine that this would be any different. Mr. McMaster: I just wanted to comment that I don't understand why the stepdown from a commercial 50 foot height limit with laundromats and restaurants, why directly behind it you have - garden apartments are acceptable. Then up here where you're all the way across the street from strictly residential zoning why you need to have more garden apartments. It doesn't make sense. Every rezoning I've attended since I started coming to these meetings, this street has been the natural barrier. Mayor Suarez: We note the comment Any further discussion from the commission? Would you read the ordinance. (The City Attorney reads the ordinance) Mayor Suarez: Call the roll. Me. Hirai: I used a motion, Mr. Mayor. Mr. Plummer: Excuse me. Mayor Suarez: You need a motion? Ms. Hirai: I need a motion on this. �. Mayor Suarez: We didn't have a motion on this? I thought we did. Mr. Plummer: I made the motion. lee April 30, 1967 • • d Mayor Suarez: Moved and seconded. Ms. Kennedy: And Miller seconded it. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM RG-1/3 TO RG-2/1/3.3 ZONING CLASSIFICATION TO THE AREA GENERALLY BOUNDED BY COCOANUT AVENUE ON THE NORTH; CENTER STREET ON THE EAST; A LINE PARALLEL TO COCOANUT AVENUE AND LOCATED APPROXIMATELY 150 FEET SOUTH OF IT ON THE SOUTH; AND VIRGINIA STREET ON THE WEST; MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 42 OF THE ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVE RABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOES: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez 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. 53. FIRST READING ORDINANCE: ZONING CHANGE FROM RG-1/3 TO RG-2.1/3.3 IN CERTAIN AREA OF 27TH AVENUE DISTRICT Mayor Suarez: That's it? Finis? Mr. Olmedillo: Twenty-two. Mr. Dawkins: No, we got twenty-two. Mayor Suarez: Twenty-two? Mr. Dawkins: Twenty-two. Mr. Olmedillo: Will be again the townhomes.... Ms. Kennedy: The same thing, right? Mr. Olmedillo: The same thing, running along here on the east side of Center Street - between the SPI-13 and Center Street proper. Mr. Plummer: Okay. Then why, if you're proposing that there, why aren't you... for some reason I'm losing here that you are not protecting the people on the east. Everything you have said, you are protecting the people on the west. Why wouldn't the same rule apply to the east side as it is you trying to apply to the west side? You've got the same SPI-13 on the west side of 27th Avenue. Mr. Olmedillo: We're trying to achieve two effects by the up zoning, by the Intensity. The one thing is to achieve redevelopment.... Mr. Plummer: I understand that. r 189 April 30., 1987 P Mr. Olmedillo: ...and on the other hand, creating a buffer. The people on the east side, they do not want redevelopment. They don't want apartments, they don't want higher intensity, they just want to live in their single family residential district. By the way, the difference also is that this is an RS-2/2 which is single family residential district and this is an RG-1/3 which is a duplex. Mr. Plummer: Yes, but I guess what I'm getting at is that on one side of the street, you say, let's put a buffer. On the other side of the street, you're not speaking to a buffer. I'm losing something, why? Mr. Olmedillo: Because people do not want changes. They don't need incentive for redevelopment and this is a single family, 5,000 square foot lot district. Mr. Plummer: So what•you're saying is, that people have expressed on the east side, that they don't want a buffer? Mr. Olmedillo: They don't want more than the lots facing 27th Avenue to be. Mr. Plummer: Because I think this man that was a middle of the roader there, that's what he is more or less saying. Mr. Olmedillo: Right. Yes. That's, that's.... Mr. Plummer: Tigertail spoke to that, that they don't want.... Mr. McMaster: Well, excuse me. I think the problem here is the Planning Department is waiving that that side is single family, that's not true. From Bird, all the way to Tigertail's duplex, the both sides are both duplex. Aviation on over is... Aviation that way is single family. Mr. Fitzgibbons: You're talking about outside the district? Mr. McMaster: Yes. No but... its between the district and Aviation, its all duplex. South of Bird, its all.... Mr. Fitzgibbons: Oh, okay - yes, all right. • Mr. Plummer: It seems like, you know, you're talking about the protection on the west side, all the way through this thing, but you're not talking to the protection of the east side. Mr. McMaster: Yes... its duplex on both sides. Excuse me, sir, it's duplex on both sides. Right be.... Mr. Plummer: But, but... is what he is saying, now you've attended, I'm sure, all of these meetings, every one of them - twice. Mr. McMaster: I've avoided a few. Mr. Plummer: Is he correct in saying that the people on the east side did not want a buffer? Mr. McMaster: I think there's a stronger homeowners association on the east side... I think that there is a stronger homeowners association on the east ► side which would have screamed bloody murder about rezonings and the more rezonings on that side, the more screaming. ' Mr. Plummer: So what you're saying is, they don't want it. Mr. McMaster: No Mr. Plummer: Okay - hey. (INAUDIBLE COMMENT FROM THE FLOOR) Mr. Plummer: Well, yes, here's the lone voice in the desert here. The middle of the roader. Mayor Suarez: The Lone Ranger. 190 April 308 1987 (INAUDIBLE COMMENTS FROM THE FLOOR) Mr. Plummer: Okay. Mayor Suarez: PZ twenty... Ms. Kennedy: ... three. Mayor Suarez: Which is it now? Mr. Olmedillo: Twenty-two. Mr. Plummer: Twenty-two. Mayor Suarez: Twenty-two. I'll entertain a motion. Mr. Plummer: So move it. Ms. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Getting slow. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM RG-1/3 TO RG-2.1/3.3 ZONING CLASSIFICATION TO THE AREA GENERALLY BOUNDED BY CENTER STREET ON THE WEST; A LINE PARALLEL TO COCOANUT AVENUE AND APPROXIMATELY 150 FEET SOUTH OF IT ON THE NORTH; A LINE PARALLEL TO SOUTHWEST 27TH AVENUE AND APPROXIMATELY 150 FEET WEST OF IT ON TI-M EAST; AND A LINE PARALLEL TO DAY AVENUE LOCATED APPROXIMATELY 150 FEET NORTH OF IT ON THE SOUTH; EXCEPT FOR THE LOTS FRONTING ON BIRD AVENUE BETWEEN CENTER STREET AND SOUTHWEST 27TH AVENUE; MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 42 AND 46 OF THE ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. NOBS: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez 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. 191 54. SECOND READING ORDINANCE: CHANGE COMPREHENSIVE PLAN FROM MODERATE DENSITY RESIDENTIAL USE TO RESIDENTIAL -OFFICE USE AT 4091 S.W. 2 TERRACE -------- -------------------------- Mr. Plummer: Okay, now let me address the problem of the traffic study. Mayor Suarez: Wait, Commissioner, if I may, or Mr. Vice -Mayor, PZ-11 is an item that In not Planning Department originated.... Ms. Kennedy: I move PZ-11 Mayor Suarez: Is that the one you're here for? Mr. Olmedillo: Eleven and twelve. Mayor Suarez: It's a second reading. They have been waiting - yes, Guillermo.... Ms. Kennedy: I moved it last time, I move it again. Mayor Suarez: Eleven and twelve - yes - companion item. They have been waiting patiently for this entire hearing, I wonder if you would have any problem taking that up very quickly. We skipped them over because we had promised to handle this other one at 5:00 p.m. Mr. Olmedillo: Eleven is a plan amendment and twelve is a zoning change from RG-2/4.... Mayor Suarez: I know it passed unanimously on first reading. Is there anyone here who wishes to be heard in opposition or in favor of this other than the applicant? Let the record reflect that no one stepped forward. Mr. Plummer: Let me ask this question. down, do you feel? Mr. Olmedillo: The planning board. Mr. Plummer: The board denied it 7-2. Mr. Olmedillo: Planning Advisory Board. Why did the zoning board turn it Mr. Plummer: The Planning Advisory Board. What was their feeling? Mr. Olmedillo: They did not state the reason behind it. They just presented the notion and it was voted, that way. Mr. Plusmar: All right. This is on LeJeune Road? Mr. Olmedillo: Yes, this is on LeJeune Road. This is that address that we had a little problem because you thought it was in the residential area. This Is the lot on LeJeune Road and 2nd Terrace which In right next to an RO-3/6 district. Mr. Plummer: What's there now? Mr. Olmedillo: Right now, there is a house. Mr. Plummer: And what's the blue the same ownership? What's there? Mr. Olmadillo: It's an office building. Mr. Plummer: Okay. Hr. Olmadillo: Just... Woune and Flagler, there's that brick building, then south of it there's a newer building which is the blue section. And just south of it, which is the application right now, it's a house. Ilumar: As I recall, was it my concern over the transition? 192 ref. April 30,l47 ,k • 11 Mr. Olmedillo: You had a concern about the lot - that particular lot. Mr. Plummer: Yes. Mr. Olmedillo: I think the person was here, you addressed the problem with him and he was satisfied at that time. Mr. Plummer: Okay. Mr. Pierce: But also, there is no transitional from an RO district. Mr. Plummer: Okay. I'll move it. Mayor Suarez: Moved. Ms. Kennedy: Second. Mayor Suarez: Seconded. Any discussion on PZ-11? Call the roll. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 4091 SOUTHWEST 2ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE DENSITY RESIDENTIAL USE TO RESIDENTIAL/OFFICE USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on it's first reading by title at the meeting of March 31, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10265. 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. 55. SECOND READING ORDINANCE: ZONING CHANGE FROM RG-2/4 TO RO-3/6 AT 4091 S.W. 2 TERRACE Mr. Plummer: Move twelve. Mayor Suarez: Twelve has been moved. Ms. Kennedy: Second. fi Mayor Suarez: Seconded. Any discussion? Do we need to read... Is there an ordinance there? There is. Read the ordinance. Call the roll.. 193 Aprll 30.. 1907 r +x _ T AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 4091 SOUTHWEST 2ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 2/4 GENERAL RESIDENTIAL TO RO-1/4 RESIDENTIAL OFFICE BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS MADE A PART OF , ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of March 31, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10266. 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: You've been most eloquent, counsel. 56. ALLOCATE 465,000 TO CONDUCT THE COCONUT GROVE COMPREHENSIVE TRAFFIC STUDY, SAID ALLOCATION TO BE REIMBURSED FROM THE GRAND OAK LIMITED PARTNERSHIP Mr. Plummer: I'd like to get back to that traffic study. Where is that traffic study now? You've got the thirty three thousand, is that correct? Mr. Olmedillo: That is correct, sir. Mr. Plummer: Okay. Why hasn't the contract been signed? Mr. Pierce: Sixty -thousand, I think. Mr. Plummer: All right, well where is the other money going to come from? Mr. Pierce: We were waiting for the second installment from this same place, then we'd be able to enter into the contract. We'd have enough adequate funding. Mr. Plummer: Huh? Mr. Pierce: The second installment from this developer - the thirty second, thirty-three thousand dollars. Mr. Plummer: Well, but how long could that be? Mr. Pierce: It's within the next thirty days. 194 I' 0 Mr. Plummer: You're telling me that the contract for the study will be done within the next thirty days? Mr. Pierce: No, no. I'm saying that we will have the funding then for it within the next thirty days, by June we should be able to have a contract. Mr. Plummer: And how long will that study take, in your estimation. Mr. Olmedillo: Six months. Mr. Plummer: There's no way to cut that down? Mr. Pierce: We can try. Mr. Olmedillo: We already tried. Mr. Fitzgibbons: Mr. Plummer, if its any assistance, the county has a study In that area now. They're in preliminary stages of drafting proposals. I spoke with the planner in public works. Mr. Plummer: Well, what are you saying? Are you saying, use that and save the money? Mr. Fitzgibbons: Well, I don't know whether they can confer with them as to what kind of study they have and use their recommendations or not. I don't know. Mr. Plummer: Have you seen their study? Mr. Olmedillo: No, sir, but we are trying to address neighborhood intrusion, parking and through traffic. May be different, may not. Mr. Pierce: But we will, in the interim within a thirty day period while we're waiting for that installment. We're talk to the county. Mr. Plummer: Okay, this developer who is supposed to come up with the other half of the money, he's got to go get another permit, is that what you're telling me? Mr. Olmedillo: Yes. Mr. Plummer: Okay. So then, if I make a motion that we take his thirty-three and we add city money to get it done immediately. If he doesn't come up with the other half, then, in fact, he doesn't get a permit. Is that correct? Mr. Olmedillo: Yes. Mr. Plummer: I so move, Mr. Mayor. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. I'm sorry, what was the tenor of the motion? Mr. Plummer: What I'm saying is, it takes $60,000 to do the traffic study. Mayor Suarez: Right. Mr. Plummer: We have from the developer.... Mayor Suarez: Thirty-three. Mr. Plummer: ... half of the money already, Mayor Suarez: Right. Mr. Plummer: ...who is promised to come up with the other half. Mayor Suarez: Right. Mr. Plummer: I'm saying to proceed immediately by guaranteeing city money and It he doesn't come up with the other half, he doesn't ' get the permit for his j second development. This way we're guaranteed the study will be done. ..... 195 April 30# 4937 i µ J1Y gm - Mayor Suarez: Can we do that - legally? Sounds good to me. Mr. Pierce: Those installments was part of a $100,000 profit sum at the time of zoning approval for that project. Mr. Plummer: I'm trying to cut it down by 30 days. Mr. Pierce: Right. And I think he .... yes, we think he can do it. Mayor Suarez: So it's part of... okay, the exaction that we had planned... I don't think I ever was here when that was voted on. Okay - so I wasn't aware of it. Okay, great. Mr. Plummer: I so move. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-405 A RESOLUTION ALLOCATING $65,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, FOR THE PURPOSE OF FUNDING THE COCONUT GROVE COMPREHENSIVE TRAFFIC STUDY TO PERMIT THE PROMPT INITIATION OF THE TRAFFIC STUDY, SAID ALLOCATION TO BE LATER REIMBURSED TO SAID CONTINGENT FUND WITH $33,350 FROM THE GRAND OAK LIMITED PARTNERSHIP'S INITIAL CONTRIBUTION AND $31,650 FROM THE DEVELOPER'S SECOND CONTRIBUTION, SAID REIMBURSEMENT TO BE THE SUBJECT OF A SUBSEQUENT APPROPRIATION ORDINANCE; PROVIDING PENALTIES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TRANSPORT ANALYSIS PROFESSIONALS, INC. IN THE AMOUNT OF $65,000 FOR THE PURPOSE OF CONDUCTING A COMPREHENSIVE TRAFFIC STUDY IN THE COCONUT GROVE AREA OF 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 Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy Mr. Plummer: I would only ask the Planning Department, when you come back, I would like you so that this matter doesn't have to be deferred and drag it out further, I would hope that you would come back with a plan showing the closing of the streets all on the east side. When I may "all," I'm talking about from Tigertail up to where we're now addressing... Mr. Olmedillo: Twenty-eighth Mr. Plummer: ... 28th Street. 196 April 30, 1987 ------------- - --------------------------------- ----- ­_ -m --- m ---- - ----- 57. SECOND READING ORDINANCE: AMENDING ORDINANCE 9500 - "PERMANENT ACTIVE RECREATION FACILITIES AS ACCESSORY USES IN RESIDENTIAL DISTRICTS," "PARKING REQUIREMENTS FOR HOUSING FOR ELDERLY," AND "LIMITATIONS ON ILLUMINATED OR FLASHING SIGNS" -------------------------- ------------------------------------------------ Mr. Olmedillo: PZ-13. It's a housekeeping item. It's to modify scrivener's errors... Mr. Carollo: Move. Mr. Dawkins: Second. Mayor Suarez: Thirteen. Moved and seconded. Mr. Plummer: This is one more... when in the hell are we going to do something about this ninety-five? I mean you're about to run out of letters in the alphabet of amendments.... Mr. Dawkins: I keep telling you... I keep telling you, throw ninety-five out and start over and everybody keeps laughing. Mr. Plummer: But what is it... we keep.... Mr. Dawkins: No, no. We bought a lemon and we don't want to admit it. Mayor Suarez: What is the gist of this? Just very quickly. Mr. Olmedillo: We had repeated the word... Mayor Suarez: Oh, I'm sorry, it's just - cleanup, oh. Mr. Olmedillo: Yes, cleanup. Mayor Suarez: No further discussion, is there? Mr. Plummer: Wait a minute, what are we on? Mr. Olmedillo: Thirteen. Mayor Suarez: The one we just moved. i Ms. Hirai: PZ-13. Mayor Suarez: It's just a housecleaning, whatever. Call the roll. House painting, house cleaning. i AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY i AMENDING ARTICLE 20 ENTITLED "GENERAL AND t SUPPLEMENTARY REGULATIONS", SUBSECTION 2003.E ENTITLED "PERMANENT ACTIVE RECREATION FACILITIES AS ACCESSORY fUSES IN RESIDENTIAL DISTRICTS SPECIAL PERMITS", BY DELETING THE TERM SPECIAL EXCEPTION; SUBSECTION 2017.5 ENTITLED "PARKING REQUIREMENTS FOR HOUSING FOR THE r; ELDERLY, BY CLASS C PERMIT; LIMITATIONS" BY DELETING THE TERM "EXCEPTION"; SUBSECTION 2026.5.2 ENTITLED "LIMITATIONS ON ILLUMINATED OR FLASHING SIGNS; FLASHING SIGNS PROHIBITED IN CERTAIN TRANSITIONAL AREAS ADJACENT TO RESIDENTIAL DISTRICTS", BY MAKING CORRECTIONS' CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 26, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- 197 April 30; 1987 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10267. 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. 58. ADMINISTRATION TO REVIEW APPLICATIONS FOR CLUSTER HOUSING DEVELOPMENT WHICH WERE FILED WITH THE CITY PRIOR TO THE BANNING OF SAID DEVELOPMENTS Mayor Suarez: PZ-14. Mr. Plummer: No, please. We thought we had resolved a problem here once before in reference to a situation with a gentleman with a cluster home. Mayor Suarez: Right. Mr. Plummer: You will recall that gentleman came before this commission, submitted his plans to the department which they accepted his plans for consideration. He put in his fee, they accepted his check, and then turned around and said, "no".... Mr. Dawkins: Denied him the permit. Mr. Plummer: Okay. This commission said to the city attorney and the city administration, we felt that he played by the games, he played by the rules established at the time, and that that man should be entitled, at least to his day in court. Not saying that we will vote for or against, but this man is being denied. Now, that was on the 21st day of January, here we are at the.... Dr. Alonso: Four months later. Mr. Plummer: ... a helluva long time after and this gentleman is still being yanced back and forth, back and forth. When they came to me the other day, I have to tell you I was amazed that this matter, which I thought had been resolved, was not. Now, Madam City Attorney, there is a hell of an inequity to this gentleman to deny him his right to his day in court. When is he going to get his day in court? Ms. Dougherty: You may recall that this was... the solution to the problem was to create an omnibus ordinance that would solve this situation and all future ones, so that when somebody has an application in progress at the time that the ordinance takes effect, then you would consider it under the old ordinance. That ordinance, for some reason, and I can't tell you why, never went to the planning board. We have the ordinance, its going to go on the next agenda at the planning board; has to come to you for two readings.... i Mr. Dawkins: Can we pass this.... Ms. Dougherty: ... and at the same time, what I would suggest happen is that the man's application be reviewed at the same time as you're considering the ordinance. Therefore, when the ordinance takes effect, the man's application can automatically be approved. Mr. Plummer: Do you need an action of this commission? - I Ms. Dougherty: To direct the city staff to review the application. E 198 April' 30, ;" 1987 ' = e Mr. Plummer: I so move that the city staff be instructed to review this man's application. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 87-406 A MOTION INSTRUCTING THE ADMINISTRATION TO REVIEW ALL APPLICATIONS OF RECORD FOR CLUSTER HOUSING DEVELOPMENT WHICH WERE FILED WITH THE CITY PRIOR TO THE CITY COMMISSION BANNING SAID TYPE OF DEVELOPMENT WITHIN THE CITY LIMITS IN ORDER THAT THEY MAY BE ALLOWED TO GO THROUGH THE APPROPRIATE APPLICATION PROCESS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Dawkins: So now what you're saying, Lucia, is, that when the ordinance comes, he comes with his permit and we're going to approve everything and he's finished. Is that... Mr. Plummer: No, no, no, no. No, I didn't may that, no. Mr. Dawkins: What are you saying? Mr. Plummer: Excuse me. No, no, no. Mr. Dawkins: Okay, all right. Mr. Plummer: Excuse me. This is the process in which they review his _ application. He can be approved by the director on a class C permit. If he Is denied, he then has the right of appeal to us and I'm not saying, I don't want it misunderstood, I'm not sitting here saying that I'll vote for or against, if it is brought to us on appeal. Okay? I want that made clear - very clear. But he's entitled to his day in court and he hasn't had it. 59. DISCUSSION AND DEFERRAL OF PROPOSED SECOND READING ORDINANCE AMENDING ORDINANCE 9500 - "PRINCIPAL USES AND STRUCTURES" "MINIMUM LOT REQUIREMENTS", ETC. Mr. Dawkins: Fourteen. Mr. Olmedillo: PZ-14. We've had, in the RG-1 districts, we have the fact that units may be added for each additional 2500 feet of land. What we are in the ... Ms. Plummer: Move it. Move it. Mr. Dawkins: Second. Mr. Carollo: Last item for the evening. �I 199 as April 30, 1987 16 Mr. Plummer: I just... Joe, I want to bring up one item, not on the agenda, but one item. Okay? Mayor Suarez: We moved and seconded it. Which PZ? Mr. Plummer: I want to get the damn work on 95 started. And I want to do it tonight. Mayor Suarez: Fifteen, whs it? Ms. Hirai: Fourteen. Mayor Suarez: Fourteen. Ms. Dougherty: This is an ordinance amending ordinance 9500 as amended the zoning ordinance of the City of Miami, Florida, by amending page 1 of the official schedule of district regulations by making a deletion in the principal uses and structures RG=1 principal residential specifically by deleting paragraph three under the heading entitled special permits generally and minimum lot requirements RG-1 general residential by deleting the requirement 2,500 square feet of the net area lot dwelling unit by deleting the exception which provides for the semi-detached structures may be minimum lot size --- of 25 feet per unit containing repealer provisions and severability clause. Mayor Suarez: Is this the one that... Mr. Dawkins: Call the roll. Mayor Suarez: ... restricts lots that would otherwise be available for triplexes so that you can, all of a sudden, use them? Mr. Olmedillo: What is happening, Mr. Mayor, is that we have lots which are 50 x 150 in the city, or in excess of 150. We are ending up with additional units added to it without the benefit of a special permit, without the benefit of a public hearing or any instrument. Therefore, people just walk in into the building and zoning.... Mayor Suarez: And get what? Mr. Olmedillo: ... and get a building permit and get a... Mayor Suarez: To do what? Mr. Olmedillo: ... third unit, a fourth unit... if you look at the sketch. Mayor Suarez: To do four units where you would otherwise be able to build.... Mr. Olmedillo: Well, if you have a platted lot 50 x 100, you can.... Mayor Suarez: Right - you mean four units where you would otherwise be able to build three units? Mr. Olmedillo: Two unit. Ms. Kennedy: In other words, building more units on a small lot. Mr. Olmedillo: Right, it's a matter not only of the size of the lot but of the frontage of the lot. Mr. Plummer: Wait a minute, are you telling me that this ordinance says that they can build four units on what was before two? Mr. Olmedillo: Let's look at the example on the transparency. If you have a 50 x 100, you can build a duplex. Mr. Plummer: Right. Y !!r. Olmedillo: If you have a 50 x 150, you can add a unit. And then if you have a 50 x 200, you can add another unit. So you and up with a cluster that r you instructed us, a couple of months ago, to take it out of the ordinance because we were going into the pattern of getting higher intensity within -a district and people were resenting this. a Mayor Suarez: I don't see it beating down the doors right here today. I'm going to vote "no." That's one. Mr. Plummer: Wait a minute, I.... Mayor Suarez: Don't see the need for it. Wish the Planning Department would be in the business of planning neighborhoods that need planning. Mr. Plummer: Well.... Mr. Carollo: I'm voting against it. Mr. Pierce: Mr. Mayor.... Mayor Suarez: Second. Right, I don't see any great outcry out there. Mr. Dawkins: Second it. Mr. Plummer: Let's defer it. Let's defer it rather than.... Mr. Dawkins: I don't want to defer it. I vote "no." I'm going to kill it. Mr. Plummer: Okay, then.... Mr. Carollo: If the commissioner wants to defer it, I.... Mr. Pierce: 14...P2-14 Ms. Kennedy: If he wants to defer, I'm voting for deferral. Mr. Dawkins: Go ahead, call the roll on deferral. Mr. Carollo: Do me a favor. Make sure this gets put on the agenda. Mayor Suarez: Go ahead. Go ahead, we got a motion to defer. Mr. Carollo: Make sure it gets put on the agenda at a reasonable time. Mayor Suarez: The motion and the second are withdrawn. Move to defer it. Mr. Plummer: Move to defer. Mayor Suarez: Who will second it? Mr. Dawkins: Second. Mayor Suarez: Second and call the roll. You get one more shot at this, but I don't think.... THEREUPON, the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Dawkins, deferred consideration of the above matter by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 201 April 30, 1967 ti: 60. ADMINISTRATION INSTRUCTED TO COME BACK AT MAY 28TH COMMISSION MEETING WITH A REVISION OF ORDINANCE 9500 N-NN-�N-- Mayor Suarez: This commission is adjourned, except for: Mr. Dawkins: No, waits J. L. In got.... Mr. Plummer: Mr. Mayor, I would like to make a motion at this time that this commission instructs the administration to come back within 30 days giving us a plan for the revision of 9500.... Mayor Suarez: In simplification. Mr. Plummer: The simplification, the cost factors and everything that we have got to consider. It's going to be an expensive item... Mr. Dawkins: I second. Mr. Plummer: ... and we've go to do it in budget, but I want a definite plan presented to this commission on the 28th of May. Mr. Dawkins: I second. Mr. Pierce: Yes, sir. Mr. Plummer: I don't want excuses. It's a positive, definite, going to be done. Mr. Pierce: Mr. Plummer, just for the record, staff has been doing it but without the added funding, we have not been able to really push this thing the way we want to. Mr. Dawkins: Don't make no excuses, just get it done, sir. Mr. Pierce: No excuses. Just a reason, Mr. Dawkins. Mr. Plummer: Hey, you're up to S on amendments - you're damn close to Z. Mayor Suarez: Moved and seconded. Any discussion? Call the roil. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 87-407 A MOTION INSTRUCTING THE ADMINISTRATION TO COME BACK AT MAY 28, 1987 COMMISSION MEETING WITH A PLAN FOR THE REVISION OF ORDINANCE 9500, SAID PLAN TO CONTAIN RECOMMENDATIONS FOR THE REDRAFTING AND SIMPLIFICATION OF SAID ORDINANCE, THE COST FACTORS INVOLVED, AS WELL AS ANY OTHER ASPECTS TO BB CONSIDERED AT THE TIME SAID REVISOR IS MADE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 202 Apyil 34, 61. ALL ITEMS NOT HEARD ON THIS DATE ARE CONTINUED TO MAY 28, 1987. Mr. Pierce: I think you've got a couple of items you need to defer or t continue. Mayor Suarez: We have a policy that we.... Mr. Plummer: All items that were not heard by this commission this evening are continued till May the 28th. — Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. Unidentified female speaker: Why can't you just deny 24 and let it rest? Mayor Suarez: Wait, wait, which was that one? Unidentified female speaker: Twenty-four. Mayor Suarez: Is that.... (Note for the record: Unidentified female continues to speak from the floor. Her words are inaudible.) Mr. Dawkins: Boats in the front yard. Mayor Suarez: God, my mind is not.... Mr. Dawkins: Move to defer. I think its.... — Ns. Hirai: Roll call. Mr. Plummer: (Note for the record: Unidentified female continues to speak from the floor. Her words are inaudible.) Mr. Dawkins: Move it, as recommended by the department. Mr. Pierce: By the Planning Advisory Board. Mr. Carollo: Okay, there was a motion that was made, there was a second, and I call the question. Mayor Suarez: I wouldn't be able to vote on it because I'm... I would need more information to be able to vote on it. The following motion was introduced by Commissioner Plummer, who moved Its adoption: NOTION NO. 87-408 A NOTION CONTINUING ALL AGENDA ITEMS NOT HEARD ON THIS DATE TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 28, 1987 _ Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- <'s AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 'rkd i 203 April $00 1987 J: r 0 Mayor Suareas Okay, this commission's adjourned. IMRR BRING NO FURTM •DS=US 20 C0M MORS 2= CITT COHNISSIOH. ffi KWIW WAS AD30 RN ZD AT 0s05 P.M. ATZmS Natty Birai cry ctawc Walter J. Woaman ASSISTAVT CM CLJ RR Rawler L. Suares dAT0R 206 A 1 CITY OF MIAMI DOCUMENT INDEX MUM MM- EXECUTE AGREEMENT WITH SPARBER, SHEVIN, SHAPO AND HEILBRONNER FOR CONSULTANT SERVICES. EXECUTE PRELIMINARY DEVELOPMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR DEVELOPMENT OF OVERTOWN/PARK WEST. ACCEPT PROPOSAL OF MIAMI PIONEERS, INC. FOR LEASE OF RECREATION BUILDING AT LUMMUS PARK -.AUTHORIZE AGREEMENT. RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY CANAAN MISSIONARY BAPTIST CHURCH RATIFY ALLOCATION OF $25,000 TO NATIONAL CONFERENCE OF BLACK MAYORS. CLOSE STREETS FOR THE U.S. TRIATHLON SERIES. AGREEMENT WITH SPILLIS AND CANDELA AND THE PARTNERS FOR PLANNING AND DESIGN SERVICES FOR COCONUT GROVE EXHIBITION CENTER. ACCEPT APPRAISAL PROPOSALS OF LEONARD A. BISZ AND NORMAL KURFERST FOR APPRAISAL OF 2640 SOUTH BAYSHORE DRIVE. AUTHORIZE DADE COUNTY TO ACCEPT BID TO PROVIDE LUNCHES TO ELIGIBLE CHILDREN. ACCEPT BID: OF HAVIS-SHIELDS FOR THE EQUIPMENT CORPORATION.FOR 3 PADDY WAGONS. APPROVING CITY MANAGER TO ENTER INTO THE NEGOTIATIONS FOR ACQUISITION OF "MAX BAUER PARCEL" ON N.W. 2ND AVENUE AND 5TH STREET, EXTEND EASTERLY BOUNDARY OF EDISON/ LITTLE RIVER NEIGHBORHOOD COMMUNITY DEVELOPMENT TARGET AREA. ALLOCATE 489500 FOR "FIESTA 20 DE MAYO". APRIL 30, 1987 POM I OF�� M I WVAL ©ODE NO. 87-372 87-373 87-374 87-375 87-376 87-377 87-378 87-380 87-381 87-382 87-383 87-385 87-387 nr: erg... 6 T DOCUMENT INDEX DECLARE THAT UNLESS OTHER OF THE MUNICIPALITIES IN DADE COUNTY ACCEPT THEIR FAIR SHARE OF JAIL FACILITIES THERE SHOULD BE NO MORE JAILS IN THE CITY OF MIAMI ACCEPT BID OF: MARKS BROTHERS, AND COMPANY FOR THE NORTH RIVER DRIVE HIGHWAY IMPROVEMENT B-4501 ACCEPT BID: OF SOLO CONSTRUCTION CORP. FOR SHENANDOAH STORM SEWER PROJECT, ACCEPT COMPLETED WORK: OF EBSARY FOUNDATION COMPANY FOR DINNER KEY MARINA -FILE REPLACEMENT, ACCEPT BID OF: ALFRED LLOYD AND SONS, INC. FOR S.W. 12 STREET SANITARY SEWER REPLACEMENT PROJECT, ACCEPT BID: OF MADSEN/BARR CORPORATION FOR N.W. 8TH STREET ROAD HIGHWAY IMPROVEMENT ACCEPT COMPLETED WORK: M. VILA AND ASSOCIATES FOR FIRE DEPARTMENT - STORAGE MEZZANINE. DECLARE WEEK OF APRIL 30 AS RONNIE DE SILLERS WEEK CONDOLENCES FOR RONNIE DESILLERS; URGE FEDERAL GOVERNMENT TO CREATE A NATIONAL BANK FOR ORGAN TRANS PLANTS. APPOINT MICHAEL ZIGBY TO THE CODE ENFORCEMENT BOARD. CLOSE PORTION OF N.E. 21 STREET AND 20 TERRACE. CLOSE ALLEY BOUNDED BY S. MIAMI AVENUE, S.E. 13 STREET BRICKELL AVENUE AND S.E. 14 STREET. CONTINUED DISCUSSION -GRANT DRIVE- IN PERMIT FOR TRUST BANK S.W. 22 AVENUE AND 8TH STREET. GRANT REDUCTION OF NUMBER OF RESERVOIR SPACES FOR DRIVE"IN AT S.W. 22 AVENUE AND 8 STREET (TRUST BANK). APRIL 30, 1987 RETWVAL BODE NO. 87-388 87-391.1 87-391.2 87-391.3 87-391T4 87-391.5 87-391.6 87-393 87-393.1 d✓a 87-394 ,t. 87-397' 87-398 87-400 i 87-401 S f. k Y DOCUMENT INDEX GRANT PERMIT FOR PARKING LOT AT 2220 S.W. 7 STREET (TRUST BANK). GRANT VARIANCE TO CONSTRUCT LOW INCOME HOUSING PROJECT AT 542 S.W. 1 STREET DENY VARIANCE TO CONSTRUCT LOW INCOME HOUSING PROJECT AT 501 S.W. 1 STREET. ALLOCATE 465,000 TO CONDUCT THE COCONUT GROVE COMPREHENSIVE TRAFFIC STUDY, SAID ALLOCATION TO BE REIMBURSED FROM THE GRAND OAK LIMITED PARTNERSHIP. MM .OF 3 _ APRIL 30, 1987 RE I MAL coM Na �- 87-402 87-403 87-403.1 87-405