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HomeMy WebLinkAboutCC 1986-10-23 MinutesINDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA OCTOBER 23, 1986 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. PRESENTATIONS, PROCLAMATIONS AND PRESENTED 1 SPECIAL ITEMS. 10/23/86 2. BANK DEPOSITORIES REFUSAL TO FUND DISCUSSION 1-2 LIBERTY CITY PROJECTS. 10/23/86 3. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION 2-3 REQUEST FOR CHANGE OF ZONING AT 4234 10/23/86 AND 4244 N.W. 2ND STREET (REPUBLIC NATIONAL BANK) 4. MIRACLE CENTER PROJECT - MAJOR USE R-86-834 4-21 SPECIAL PERMITS. 10/23/86 5. PLAT ACCEPTANCE: "MIRACLE CENTER. R-86-835 21-22 (S.W. 22 ST. AND S.W. WE AVE.) 10/23/86 6. GRANT FUNDING FOR "SECOND ANNUAL M-86-836 22-24 CONFERENCE OF CIVILIAN OVERSIGHT OF 10/23/86 LAW ENFORCEMENT." 7. ACCEPT POLICY DEPARTMENT REPORT ON M-86-837 24-29 RICKSHAW OPERATIONS - INSTRUCT 10/23/86 ATTORNEY TO DRAFT REGULATORY ORDINANCE. 8. GRANT FUNDING FOR ALLAPATTAH M-86-838 29-31 MERCHANTS' ASSOCIATION'S FAIR. 10/23/86 9. GRANT REQUEST FROM THE "MUNICIPIOS R-86-839 31-32 FAIR" TO SELL BEER AND WINE AT 10/23/86 ROBERT KING HIGH - ADD SAID PARK TO MANAGER'S SALE DISCRETION LIST. 10. IMPLEMENT CITY SPONSORED SCATTERED R-86-840 32-33 SITE AFFORDABLE HOUSING DEVELOPMENT 10/23/86 PROGRAM. 11. EMERGENCY ORDINANCE: AUTHORIZE ORDINANCE 34-35 ISSUANCE OF SPECIAL OBLIGATION 10165 BONDS - SERIES 1986A - $4,290,000. 10/23/86 (THESE BONDS TO BE USED TO BUILD SCATTERED HOUSING) 12. RATIFY ALLOCATION IN SUPPORT OF R-86-841 35-36 EFFORT TO SECURE BASKETBALL 10/23/86 FRANCHISE FROM N.B.A. 13. USE OF THE WORD "MIAMI HEAT" IN NAME M-86-842 36-37 OF THE N.B.A. FRANCHISE TEAM. (LATER 10/23/86 FORMALIZED BY RES. 86-866.) 14. ACCEPT CITY AUDIT REGARDING CASINO M-86-843 37-39 ESPANOL. 10/23/86 15. POSTPONE RECONSIDERATION OF POST OFFICE PROJECT. 16. ALLOW FIREWORKS DISPLAY AT FLAGLER DOG TRACK (INTERNATIONAL CLASSIC) 17. FUND BETHUNE COOKMAN ORANGE BOWL COLLEGE FOOTBALL GAME. 18. ORANGE BOWL COMMITTEE APPOINTMENT (APPOINT JIPi ARMSTRONG TO REPLACE ERNIE SILER) 19. DEMOLISH UNSAFE STRUCTURES THROUGHOUT CITY. 20. DISCUSSION] CONCERNING BID AWARD FOR MEALS TO DAY CARE AND PRESCHOOL PROGRAMS - DIRECT MANAGER TO AWARD TO SECOND LOWEST BIDDER. 21. CONSENT AGENDA. 21.1 APPROVE TRANSMITTAL TO SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR APPLICATION FOR APPROVAL FOR DOWNTOWN MIAMI AS A DRI. 21.2 ALLOCATING $30,000 FROM SPECIAL PROGRAMS AND ACCOUNTS FUND FOR FEE INCREASES FOR D.R.I. APPLICATION TO SO. FLA. REGIONAL PLANNING COUNCIL. 21.3 AUTHORIZE CITY MANAGER TO ENTER AGREEMENT WITH LOURDES SLAYZK FOR PROFESSIONAL PLANNING SERVICES, DOWNTOWN DEVELOPMENT PLAN AND DRI $21,257. 21.4 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN CITY OF MIAMI AND METRO FOR SALE OF EXCESS FILL MATERIAL ON VIRGINIA KEY AT $2.00 PER CUBIC YARD. 21.5 APPROVING MOST QUALIFIED FIRMS TO PROVIDE PLANNING AND DESIGN SERVICES FOR COCONUT GROVE EXHIBITION CENTER RENOVATION AND NEGOTIATE WITH SAME. 21.6 AUTHORIZE CITY MANAGER TO ACCEPT AMMUNITION DONATION FROM BANK SYSTEMS AND EQUIPMENT CORP. FOR POLICE TRAINING. 21.7 APPROVE TWO YEAR EXTENSION OF AGREEMENT BETWEEN CITY AND BUS BENCHES CO. 21.8 AUTHORIZE SETTLEMENT IN CONDEMNATIONS PROCEEDINGS IN ACQUISITION OF LAND PARCEL 44-E AUTHORIZING CITY MANAGER TO PAY ADDITIONAL $355,655. 21.9 AUTHORIZE CITY MANAGER AND CITY ATTORNEY IN TAKING LEGAL ACTION TO REMOVE BETTE AND BERT BAYFRONT 66 MARINA, INC. FROM WATSON ISLAND. M-86-844 10/23/86 R-86-845 10i23/86 R-86-846 10/23/86 DISCUSSION 10/23/86 M-86-847 10/23/86 M-86-848 10/23/86 10/23/86 R-86-849 10/23/86 R-86-850 10/23/86 R-86-851 10/23/86 R-86-852 10/23/86 R-86-853 10/23/86 R-86-854 10/23/86 R-86-855 10/23/86 R-86-856 10/23/86 R-86-857 10/23/86 40-41 41 48-51 51 52-55 55-6 67=68 68- 69 69 69 Cam1 70 70 70 70 0 22. TERMINATE LEASE AGREEMENT WITH R-86-858 1 AMERICAN BARGE CLUB, INC., AT 10/23/86 VIRGINIA KEY. 23. NEGOTIATE WITH MIAMI MUNDIAL, INC. — R-86-859 76-82 USE OPANGF BOWL STADIUM FOR 10/23/86 INTERNATIONAL SOCCER EVENTS. 24. ADOPT "S.W. 277H AVENUE - A GATEAWAY R-86-860 82=06 TO COCONUT GPOVE: A PLANNING STUDY 10/23/86 OF DEVELOPME14T AND TPAFFIC IMPACTS. 25. SECOND READIIJG OPDINAIICE: AMEND ORDINANCE 99-100 MIAMI COMPRE.HE1dSIVE NEIGHBORHOOD 10166 PLAN — CHANGE ZONING DESIG14ATIONS OF 10/23/86 CERTAIN AREAS 114 COCONUT GROVE. 26. SECOND READING ORDINANCE: ADOPT ORDINANCE 100-106 MIAMI COMPREHENSIVE 1EIGHBORHOOD 10167 _ PLAN (9-65) WHICH AMENDS EXISTING 10/23/86 PLAN (1976-1986) 27.A SECOND READING ORDINANCE: AMEND ORDINANCE 107-113 MIAMI COMPREHENSIVE NEIGHBORHOOD 10168 PLAN CHANGE DESIGNATIO14 OF PROPERTY 10/23/86 AT 3427-3523 S.W. 22 TERRACE (APPLICANT: KAITUMA PROPERTIES, _ N.V.) 27.B FIRST READING ORDINANCE: AMEND FIRST 107-113 MIAMI COMPREHENSIVE NEIGHBORHOOD READING PLAN — CHANGE DESIGNATION OF 10/23/86 PROPERTY AT 3427-3523 S.W. 22 TERRACE (APPLICANT: KAITUMA PROPERTIES, N.V.) 28. SECOND READING ORDINANCE: ZONING ORDINANCE 114 ATLAS AMENDMENT AT 3427-3523 10169 - SOUTHWEST 22ND TERRACE. (APPLICANT: 10/23/86 KAITUMA PROPERTIES, N.V.) 29. (A) SECOND READING ORDINANCE: AMEND ORDINANCE 115-117 MIAMI COMPREHENSIVE NEIGHBORHOOD 10170 PLAN AT 3591 S.W. 22ND TERRACE FIRST (APPLICANT: KAUFMAN AND ROBERTS) (B) READING FIRST READING ORDINANCE: AMEND MIAMI 10/23/86 COMPREHENSIVE NEIGHBORHOOD PLAN AT 3591 S.W. 22ND TERRACE (APPLICANT: — KAUFMAN AND ROBERTS). 30. SECOND READING ORDINANCE: ZONING ORDINANCE 117 ATLAS AMENDMENT AT 3591 S.W. 22ND 10171 TERRACE — FROM RG-1/3 TO CR-3/7 10/23/86 (APPLICANT: KAUFMAN AND ROBERTS). 31. AGREE TO RECONSIDER, AT NEXT M-86-861 118-120 COMMISSION MEETING, ISSUE CONCERNING 10/23/86 BID AWARD FOR PROVIDING MEALS TO DAY CARE AND PRESCHOOL PROGRAMS. _ 32. SECOND READING ORDINANCE: ORDINANCE ORDINANCE 120-121 9500 ATLAS CHANGE AT APPROXIMATELY 10172 ' 2564-2574 S.W. 27TH LANE, FROM RS— 10/23/86 2/2 TO RO-1/4 (APPLICANT: NANCYE MOYNAHAN, ET AL.) 33. SECOND READING ORDINANCE: ORDINANCE M-86-862 121-123 9500 ATLAS CHANGE AT APPROXIMATELY ORDINANCE 1544-1636 BRICKELL AVENUE, FROM RG— 10173 2.1/3.3 TO RG-2.1/5 MAINTAINING SPI— 10/23/86 4 BRICKELL AREA MAJOR STREETS OVERLAY DISTRICT. 14. HCOND READING ORDINANCE: ORDINANCE ORDINANCE 9500 TEXT AMENDMENT — AMEND SECTION 10174 3205, ARTICLE 32 BY PROVIDING THAT 10/23/86 PERSONS AGGRIEVED BY LAND DECISIONS MAY FILE AFFEAL. 35. FIRST READING ORDINANCE: AMEND ORDINANCE 9500, ARTICLE 30, SECTION 3004 — DESIGNATE PLANNING AND ZONING BOARDS ADMINISTRATION AS THE AGENCY TO SET DATE FOR HEARING OF AN APPEAL. 36. DENY APPEAL BY OBJECTOR: REVIEW SPECIAL EXCEPTION BY ZONING BOARD REGARDING PAN AMERICAN HOSPITAL. 37. DIRECT PLANNING DEPARTMENT TO STUDY AND RECOMMEND Old POSSIBLE ELIMINATION OF ALL TRA14SITIONAL USES. 38. SECOND READING ORDINANCE: ORDINANCE 9500 ATLAS CHANGE FOR RG-1/3 TO CR- 2/7 AT APPROXIMATELY 4220, 4234 AND 4244 N.W. 2ND STREET AND AT APPROXIMATELY 4225 N.W.1ST STREET (APPLICANT REPUBLIC NATIONAL BANK OF MIAMI) 39. REQUIRE FULL DISCLOSURE AND BACKGROUND CHECK OF ALI. ENTITIES NEGOTIATING WITH THE CITY FOR GRANTING OF CITY LEASES. 40. RECOMMEND THAT NEW PROFESSIONAL BASKETBALI. TEAM CHANGE ITS NAME TO MIAMI HEAT. 41. FIRST READING ORDINANCE: AMEND SECTION OF ORDINANCE 10087, CLARIFY DEFINITION OF LOBBYIST, ETC. 42. FIRST READING ORDINANCE: PROCEED CODE CHAPTER 54, ARTICLE VI ("SIDEWALK CAFES") AT NEW AREAS UNDER CAFE ZONES; AMEND STANDARDS AND CRITERIA FOR APPLICATION REVIEW. 43. URGE COMPANY TO GUARANTEE BAYSIDE SPECIALTY CENTER RETAIL PARCEL RENTAL REVENUE AS A PLEDGE FOR CITY REVENUE BONDS. 44. FIRST READING ORDINANCE: PROVIDE THAT ACTIONS OF THE CITY COMMISSION SHALL NOT BE THE SUBJECT OF A MOTION TO RECONSIDER UNLESS MOTION MADE AT THE NEXT SCHEDULED COMMISSION MEETING. 45. APPROVE OMNI AREA REDEVELOPMENT PLAN. 46. ACCEPT SENIOR CITIZENS SPECIALIZED POLICING PROGRAM GRANT — ALLOCATE FUNDS FROM LAW ENFORCEMENT GRANT FUND AS MATCHING FUNDS TO IMPLEMENT PROGRAM (SEE LABELS 49 AND 51). FIRST READING 10/23/86 R-86-863 10/23/86 M-86-864 10/23 /86 ORDTNANCE 10175 10/23/86 M-86-865 10/23/86 R-86-866 10/23/86 FIRST READING 10/23/86 FIRST READING 10/23/86 R-86-867 10/23/86 FIRST READING 10/23/86 R-86-868 10/23/86 R-86-869 10/23/86 12I=124 124-125 125-139 139-140 140-141 141-142 143 143-145 145-146 146-147 147-149 149-154 154-156 i t - 41. $MERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE 156=15i SPECIAL REVENUE FUND ENTITLED 10176 "SENIOR CITIZENS'S SPECIALIZED 10/23/86 POLICY PROGRAM. 48. SETTLEMF14T IN CONDEMNATION R-86-870 157-158 PROCEEDINGS FOR ACQUISITION OF 10/23/86 ARENA SITE. PARCEL. 49. CONTINUED DISCUSSION AND TEMPORARY DISCUSSION 158-159 DEFERRAL OF ISSUE CONCERNING SENIOR 10/23/86 CITIZENS SPECIALIZED POLICING PROGRAM. (SEE LABEL 051). 50. REAPPOINT A ME14BER TO BOARD OF R-86-871 159m160 TRUSTEES OF THE CITY OF MIAMI 10/23/86 GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST. 51. CONTINUED DISCUSSION IN CONNECTION DISCUSSION 160-161 WITH THE SENIOR CITIZENS SPECIALIZED 10/23/86 POLICING PROGRAM. (SEE LABELS 46 AND 49). 2iIV MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 23rd day of October, 1986, 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 2:09 o'clock P.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. ------------------------------------------------------------------------------ 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. ------------------------------------------------------------------------------ COMMENDATIONS: To OFFICERS EUGENE EDWARDS AND FILBERTO ARROYO for having been selected Most Outstanding Officers of the Month for August 1986. 2. BANK DEPOSITORIES REFUSAL TO FUND LIBERTY CITY PROJECTS. ------------------------------------------------------------- Mr. Dawkins: Mr. Mayor. Mayor Suarez: Commissioner Dawkins? Mr. Dawkins: I have a point of information I'd like to bring before the Commissioners. For some reason, the banks are refusing to fund projects in i.e., the Black community, Overtown, and what have you, and I am going to be sending in a request for the next Commission meeting that banks do not require to participate with the City of Miami, that we take all funds out of those banks, and put it into banks that do. I am going to read a list here, just for information. We have $14,000,000 in the Capital Bank, $19,000,000 in Intercontinental Bank, $17,000,000 in Glendale Federal, and the rest... we have got $72,000,000 in banks, and if they are not desirous of funding projects that we need in our area, then we should not be putting the City of Miami's money in it, and I will be bringing that to the Commission at the next meeting. Mayor Suarez: I have been looking at the same issue. I am very concerned about it, Commissioner, I am glad you are bringing it up and it will aired fully, at the very next Commission meeting? Mr. Dawkins: Yes, sir. 1 October 23, 1986 Mayor Suarez: I've talked to some people in the community who have been doing business for many years successfully in certain areas of. the City, and now all of a sudden find that despite an excellent track record, they can't get financing for the same projects that they have been getting financing for many years, and that have been very successful, and it coincides with predominantly Black areas of the City. Mr. Dawkins: Thank you. ------------------------------------------------------------------------------ 3. DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST FOR CHANGE OF ZONING AT 4234 AND 4244 N.W. 2ND STREET (REPUBLIC NATIONAL BANK) ------------------------------------------------------------------------------ Mayor Suarez: Planning and Zoning item one? Mr. Olmedillo: Good afternoon, Mr. Mayor, Commissioners. For the record, Guillermo Olmedillo, Planning Department. The item before you is a zoning change from RG-•1/3 to CR-2/7. It is a second reading. This is located just north of Flagler Street on 42nd Avenue. The applicant owns property fronting on 42nd Avenue. This is the Republic National Bank. They have proffered a covenant by which they addressed the concerns of the Planning Department, mainly that there should be a buffer between this property and the school, and this property and the northern portion of the area, which is residential in — nature. The... Mayor Suarez: This is a second reading? Let me just clarify, if there is anyone from the audience that wishes to be heard against the granting of this application? Let the record reflect that no one stepped forward. Mr. Plummer: Do we have a copy of the covenant? Do we, the Commission, have a copy of the covenant? Mr. Olmedillo: No, sir. Mr. Plummer: Well, that is foolish. Excuse me, I mean, we are the ones that are going to vote, and we don't have a covenant before us to know what we are voting on. Maybe I am out of place, but it seems a little strange to me. I move that this item be deferred. Mr. Dawkins: Second. Mrs. Kennedy: Yes, on that basis, I second too. Mr. Plummer: I am sorry Bob, but I can't vote on this. Now, if you want to wait, maybe we can handle it later this evening. I will, but I can't vote on something I haven't even seen the covenant. Mrs. Kennedy: Why is that, Bob? Mr. Plummer: It is unfair to ask me. No, it is not his fault. Mr. Dawkins: It is not his fault, it is over here ... Mr. Plummer: There is the fault. They are the ones I assume received the covenant, and they didn't forward it to us. When did you receive it? Mr. Olmedillo: Yesterday. Mr. Plummer: Then it is your fault also. Mr. Robert H. Traurig: Yes, he is absolutely right, Commissioner. We didn't send a copy of the executed covenant to him until yesterday. We will make — copies and distribute them during a break today, or during any other period you have an opportunity to look at it. � f 2 October 23, 1986 NOTE FOR THE RECORD: Commissioner Caroll.o entered the meeting at 2:15 P.M. Mr. Plummer: If you went to be heard at the end of the agenda, I will be glad to, if I heve had the time to read it., but without that, I just can't vote on this item. Mr. Traur3g: That's fine, thank you. Mayor Suarez: We have to defer that to a particular time, do we not? Mr. Plummer: Yes, the end of the agenda. Mayor Suarez: Oh, OK. We are going to try to consider it later on today? Mr. Plummer: Sometime before 8:59 p.m. Mayor Suarez: We are really tabling the item. Oh, it has got to be before 7:59 p.m. The game is at 8:00 p.m., isn't it? Mr. Plummer: Is that the world series? Mayor Suarez: Yes? Mr. Rodriguez: It has to be heard before item PZ-6, which is the comprehensive plan amendment. Mr. Dawkins: When is PZ-6, sir? Mr. Rodriguez: Comprehensive plan amendment. Mr. Dawkins: Well, I am going to defer that anyway, so no problem. Mr. Plummer: See how easy that is, Sergio? Mayor Suarez: Both those items are tabled, may or may not be deferred to the next Planning and. Zoning meeting. We will take them up later on in the afternoon. Will you let us _snow, Commissioner Plummer, on one; Commissioner Dawkins on the other. Item PZ-2. Mr. Plummer: Well, excuse me, Mr. Mayor, I would hope that all members of this Commission would like the opportunity to read that covenant too. Mayor Suarez: Well, if staff tells us it incorporates the terms that previously have been agreed to, I am satisfied personally, but you know, I have no problems with you wanting to look over the document. It makes a lot of sense to have it in advance of our meetings. Mr. Plummer: It sure does. I think the Charter says five days, but I am not invoking the rule. Mr. Walter Piece: We have never given it. If you want that, we will be glad to start it. Mr. Plummer: Very definitely. Mr. Pierce: We will do it in the future. We have never done it that way. Mr. Plummer: Hey, one of the things we told them was, before them came back, we wanted to see it. Mr. Pierce: Yes, regardless, staff sees them. We will give them to you in the future. 3 October 23, 1986 --------------------------- - --------------------- ---------- ----- 4. MIRACLE CENTER PROJECT - MAJOR USE SPECIAL PERMITS. ------------------------------------------------------------------------------ Mayor Suarez: PZ-2. Mr. John Lefley: John Lefley, representing the Planning Department. The item before you is a request for a major use special permit for the Miracle Center Project., butbefore we go into the Department recommendations, there is one change that has been requested by our Law Department. If you would turn to the last page of the kit, of. page 107, it was condition 20, and at the end of the first line, our Law Department is requesting the words, "within 30 days of the issuance of the major use special. permit," as it relates to the recording of the major use permit. Because the applicant will be going into detail. on the specifics of the project, the Department would like to immediately go into the recommendations. If you will look at the zoning map, you will see the eastern border of the property is 33rd Avenue, S.W. 33rd Avenue. Our first recommendation is that only right turns be permitted upon leaving the building, either from the service road, or from the exits from the garage, thus preventing any vehicular movement northward into the adjacent neighborhood. Mr. Plummer: Well, but the only way that you can do that is to have your ingress and egress west of whatever that next street is. Mr. Lefley: The applicant has agreed to make certain structural arrangements of the exit portions of the building, so that cars could not turn. They also have agreed to provide some kind of management, a parking management program, which eventually would involve traffic... individuals directing traffic at certain peak times. Mr. Plummer: That don't work. If what you are saying, and I agree with you that the traffic should only be able to go west on Coral Way, is what you are saying. Mr. Pierce: North, don't let it go north of that. Mr. Plummer: Not north at 33rd. Mr. Lefley: We do not want it to go north, only south when it leaves the building on the east. Now, the next recommendation will go into your concerns about whether it will or will not work. Mr. Plummer: Have you asked the neighbors to the north about their question about closing off the street? Mr. Lefley: Yes, that has been discussed within the neighborhood, and I believe that a representative of the homeowner's group that has been formed will address you today on that specific issue. Mr. Plummer: OK, assuming they are going to recommend it? Mr. Lefley: They have some very specific recommendations. Mr. Plummer: Hey look, this is going to parallel exactly the problem that people behind Sears are having, OK? And that is, that all the employees are going to be wanting to park up there and leave parking for clients. Now, I don't know how you can protect those residents unless you close off that street. Now, on the other hand, the residents might object because it gives them less ingress and egress to Coral Way, but has the Department studied...? Mr. Lefley: Yes. Mr. Plummer: And is your recommendation to close or not to close? Mr. Lefley: We have a rather complicated arrangement. I believe that the homeowners will have an additional recommendation, which follows your general thinking. Would you like me to proceed about the Department recommendation? Mr. Plummer: Go ahead. 4 October 23, 1986 Mr. Lefley: What we suggest is that within one year of the issuance of the major use special. permit, that an additional traffic study be made to determine whether the traffic has impacted the adjacent neighborhood. If it goes up 50 percent Above the currentvolume, or we can clock two vehicles per minute on any of the m2ior streets in that. neighborhood, that then we would recommend closing. Mr. Flummrr: Excuse me, that is unacceptable to me. You are letting the horse out. of barn, they ere in, and they are not going to be worried about it! You either do what you are going to do before they get their application, or you are whistling Dixie! Now, I think that the most logical thing, and I will hear from the neighbors, is that thing ought to he closed. That will guarantee them there will be no intrusion into the residential area by parking or otherwise, I would have to listen to any objections if there are, that they don't want the street closed because it denies access, but. I think the viable alternative, is do it before they get their application. Now, that is my opinion. Mr. Rodriguez: Commissioner, but if I may, what we put in the condition was, that the traffic study will be paid by the applicant, and the closing of the street will be paid by the applicant if it has been proven... Mr. Plummer: Yes, but you know, it just... Mr. Rodriguez: There is an amount of money allocated for that in the letter of credit. Mr. Plummer: Fine, then do it before they get their permitl Mr. Rodriguez: If you do that then, you may have problems... well, you have to look at this issue more comprehensively, I guess. Mr. Plummer: I am looking at the issue for 17 years of sitting in this seat. Ms. Debbie Orshefsky: Commissioner Plummer, may I be recognized? Mayor Suarez: Counselor, go ahead. Ms. Orshefsky: My name is Debbie Orshefsky, I am the attorney for the applicant. Mr. Plummer: Are you a registered lobbyist? Ms. Orshefsky: Yes, I am. For the record, so are the consultants who are with me today. On the issue of the road closure, since we brought that up, I thought that we might be able to resolve some of the concerns that you have. We have been considering the road closure as an independent action from this project and have spoken with the neighborhood about it. We have had a representative from Coral Gate Homeowner's Association, their president, Mr. Charles Hasseler is here this afternoon, and is going to explain, as I will, the agreement that we have entered into with the homeowner's group to conduct a joint effort over the next few months to bring before this Commission for your consideration, the temporary closure of 33rd Avenue. The temporariness of that and the timing is at the request of the homeowner's association. They are not certain, whether they, as a community -wide, and I believe Mr. Hasseler can confirm this, whether they want that road closed, but rather it is a decision that they would like to study for some time and come before this board at another time. They realize that whatever problems there may be on 33rd Avenue today, which makes them want to close it, may or may not be exacerbated by our project, so that we have sort of two bites of the apple on this one. Mr. Plummer: Well, Debbie, that is fine, OK, but let me tell you where I am at. I would close it, and then, if at any time, the neighbors want to come back here and say, "Hey, we want to open to it," then listen to it that way. I think that is more of a safeguard that I would feel a comfort with, of protecting that neighborhood. Now, you can put up temporary barricades, if that is what you want to do. I would rather go and barricade it off, then at a later time, after everything is done, if the neighbors say, "Hey, we would like to reconsider opening that barricade, we don't feel that is causing the problems," let them come before the Commission, it and I would vote to do such 5 October 23, im immediately, but I just want the safeguards in before the horse gets out of the barn. Ms. Orshefsky: We have talked... the neighbors felt the same way, and we certainly did, and have tried to structure the approvals that this board would be giving, as well as the agreement. that we have with our neighbors within the community, to take some action with respect to 33rd Avenue. 1 believe that it would be appropriate for that potion to be taken some tirrr- in the future, especially since the problems on 33rd, if tome are Fny, which our studies really didn't indicate, but. the neighbors seem to think that there is one, are not a direct effect, of this project, and we would like to be able to go forward and seekk our approval relatively independent of thFt road closure issue. Mrs. Kennedy: Wasn't there a compromise with the neighbors of something to the effect that $500 for landscaping, Sergio? Mr. Lefley: Yes, at. the Planning Advisory Board meeting, the counsel for the applicant offered $500 per lot, to the owners of all the lots facing along the northern portion of the property, and that we included. Ms. Orshefsky: We incorporated that within the major use special permit, particularly... Mr. Pierce: Mr. Mayor, if I may, it seems that we are jumping- OK, we ask to let the Planning Department to proceed and then come back and we could kind of keep it together. Mayor Suarez: Yes, actually too, at one point we want to hear from the neighbors, and I don't even know what neighbor's association it is. I presume it's... Ms. Orshefsky: Coral Gate Homeowner's Association. Mr. Dawkins: It may not be necessary, because Commissioner Plummer says that unless they are going to block the road off, he is not going to vote for the project, and I feel the same way. Now, if there is another vote up here, and they don't want to close the streets off, the project is dead. Mr. Lefley: Commissioners, when I am through with my presentation, I'd like you to listen to Mr. Campbell from Public Works. There are certain pros and cons based on their experience with the closing of roads. That may shed some more light on it. Mayor Suarez: Proceed. Mr. Lefley: The second part of this study item is that in the event the road was closed, it would be the responsibility of the developer to landscape fully _ and pay for a cul-de-sac, or any other arrangement that might be required. Prior to that time, he would be required to submit a letter of credit or a bond for $50,000 for a period of running two years from the issuance of the certificate of occupancy. The next recommendation is that it is absolutely essential that we have a traffic signal light at Coral and 33rd Avenue. The applicant has agreed to that, there is no problem. The next recommendation involves the landscape buffer area along the northern edge of this property. The Planning Department requested that the applicant consider 20 feet. That would not include the relatively 20 feet of landscape buffering immediately south of the property line. It was decided at the P.A.B. that they would agree with the applicant for ten feet. That would include the wall, plus all the landscaping. That is the only difference in any of the recommendations. The next recommendation was that the owners would be responsible for perpetual maintenance of the access easement and all landscaping on the site and within the area that might be closed on 33rd Avenue. Second to last is that all required parking under our code must be located within the structure and shall be provided without charge. It would not preclude the use of the ticket validation system, which is very common in this type of development. The final recommendation of the Department is that loading hours, which would involve all service trucks and all garbage trucks, that should occur only between the hours of 7:00 a.m. and 5:00 p.m., definitely not during the evening hours. That concludes the recommendation of the Planning Department. Thank you. ; 6 October 23, 1986 Mr. Plummer: What sayeth the Department as to the Mall? What kind of wall, how high...? Mr. Lefley: An eight foot decorative masonry wall. Mr. Plummer: Solid? Mr. Lefley: Decorative could be something a little more elaborate than that, but it would he submitted to the Department and it would be subject to our approval. Mr. Plummer: Solid walls to me, no, I don't like them. Mr. Lefley: They are not.... Mr. Plummer: Solid walls knock down on your air availability, solid walls to me are a concentration camp. I wouldn't want to live on the other side of a solid wall. Mayor. Suarez: Yes, at some point we want the neighbors to give us their input on that, since there is no pending motion either way. Go ahead and complete your presentation and have the president of the association, plus anyone who is opposed to that particular agreement that you seemed to have carved out, counselor. Ms. Orshefsky: Again, for the record, my name is Debbie Orshefsky. I represent the applicant. I am joined today by my partner, Robert Traurig, by the developers for this project, Miracle Center Associates, whose principals include Matthew Schoenberg, and Bernardo Fort, both of whom are here today. Our traffic consultant on this project is David Plummer, and our landscape architect is Albert Perez. Mr. Plummer: For the record, please tell David Plummer is not related to J. L. Plummer. Ms. Orshefsky: For the record, David Plummer is not related to J. L. Plummer. Mr. Dawkins: Nor does he want to bel Mayor Suarez: For the record. Mr. Plummer: Enough of you. Mr. Pierce: Ask Debbie if she can swear to that. Ms. Orshefsky: Before I walk you through the actual elements of the project, I would like to know that this project, as designed, meets all the requirements of the zoning code. There is no rezoning involved, there are no variances or special exceptions required or requested. The project is a mixed use development. It contains three principal elements, which are retail and restaurant uses, including a health spa, movie theatre with a multi -screen complex, and 138 residential units. The residential units are in the salmon colored structure at the top. The site operation is that 33rd Avenue is here, Coral Way, and then, there is a... that sort of just west of 34th Avenue. The main entrances to the various components are on 33rd Avenue and then at the center way at Coral Way. At 33rd Avenue, one would enter here, would come into the parking garage structure there and go up to the parking garage, which comprises approximately three and one/half levels of this project. They could also enter at this location, which is an access drive going through the side back through to Coral Way. Other entrances, there is a pedestrian entrance at the center along Coral Way at approximately 34th Avenue, which was felt by the Planning Department to facilitate the urban activity that would be going on along Coral Way. At the west end of the property, is a drop off point, and the entrance to the Movie theatre, so if you are coming to the movies for the evening, you would pull in there, drop off your spouse go up through the road, come around here, stay on the project, not have to go on to 33rd Avenue, and enter into the parking garage, so that all trips, probably the major repeater trip component here, the movie theatre, stays on the site. There is also considerable concern about what it would be like on Friday night when the movie theatre was emptying out. Although we have explained in various reports in our presentations, to the persons involved in this, that there is a pattern to the people leaving the movie theatre, we have also designed project so that 7 October 23, 1986 exits from this parking garage will only be made onto 33rd Avenue in left turns going into the neighborhood, assuming 33rd Avenue is not closed for whatever reason, would be prohibited by a physical barrier, as well as by _ signage. They would be unable to make P left out of the garage, end at this drive, they would likewise be unable to mF4e P left out of tha drive. Those physicPl barriers, under the conditions of the major use sperial permit, will be Ppproved ty the Public Wccrks Pepartment. Within the center, each of the components is filij`s.trallj' integrated, access between Pll components, with the exception of the residential units, is through lobbies Pnd elevators that make you feel t.hPt you are in a. total development.. The apartment complex has its own entrances, it.s own security elevators, Pnd P parking area will be maintained exclusively for the apartment residents. This plan shows a basic overlay of what our landscaping will be Like throughout the site. I think the most critical Prep for everyone concerned has been along the northern boundary, since there ere existing residences to the north. This graphic depicts what. it would be like for the residences to the north, looking across their backyard at the project.. At ground level, they would be seeing the eight foot decorate masonry wall, and then above that, black olive trees that we are required by tradition to be a minimum of 20 feet high. That is an entrance a. -Pa, and there will be a variety of types of palm trees located there. To give you a better sense of what it will. look like on 33rd Avenue, this is a cut through a cross section of the landscaped area. The condition that has been incorporated into the major use special permit regarding our contribution to the homeowners to the north, is particularly for some of the reasons that Commissioner Plummer was talking about. We had the same concern that someone wouldn't want to be looking at a wall, and felt that people in their own back yards would want to make their own decision as to what kind of landscape treatment they would put along that wall, therefore, we offered, and this was incorporated into the major use special permit as approved by the P.A.B., to provide $500 to each of the homeowners per lot, to the north of the project, so that they could decide for themselves what kind of landscape treatment they wanted in their backyards. The northern buffer to the area has been recommended by the P.A.B. to be a ten foot landscaped area perpetually maintained. That landscaping would be the type of lush design that you see here on this graphic. In addition to that landscaping, the actual distance from the property line, our north property line, to the structure, any structure to the north, is a minimum of 31 feet, because we have a 21 foot wide access road, and at various portions, that buffer, the landscape buffer, _ is actually 15 feet, reducing to 10 feet at its end. A number of other design features were incorporated into the project to minimize the impact of this project upon its residents to the north. They include internalization of all the loading docks, an enclosure of all the loading docks under roofs and walls, with gates that would completely seal them off during operation, as well as limitation on times of their operation. We have done the same type of constraints with the trash compactors, which are designed so that they will have minimal, if no impact on the odor toward the north of the project. As Mr. Lefley indicated, the major use special permit conditions are as recommended by the Planning Advisory Board, acceptable to us, and we would urge you to adopt that major use special permit as written. We have worked very closely with the Coral Gate Homeowners Association and their representatives and tried to resolve concerns that they had about this project. While they have been supportive of it from the beginning, many members, although some had problems with it, they had three principal concerns, and we have resolved those concerns through an agreement. The commitments that we have made are as follows: the eight foot masonry wall will be constructed prior to starting construction of any of the proposed structures on the site, so that our neighbors to the north will not have to watch the construction site under way. The second issue that they raised, was the ability of people using the parking garage to be able to peek over the sides of the garage and look into their back yards. We have agreed to incorporate into the design of the project, decorative screening, in that, in the north phase of the parking garage, so that anyone parking their car, would have an obstructed view of the residences to the north. Finally, and perhaps most importantly to everyone here, is what to do with S.W. 33rd Avenue. We have always maintained, and I believe the Planning Department has too, that the decision as to whether or not 33rd Avenue needs to be closed is one that this board needs make, with the input from all of the residents to be affected by that closure. We, however, are in support of closing 33rd Avenue, and therefore have agreed to pursue, with the homeowner's association, a joint application that we will file within 45 days of the issuance of this major use special permit to close 33rd Avenue to traffic temporarily, which was a_ request of the homeowner's association, that it would be closed for a period 8 October 23, 1986 of one year, and that would be during our construction period, during which time the community could decide whether or not they vented 33rd Avenue opened or closed. At least two months prior to the expiration of that temporary closure period, the association and the devveloper would Ezet together and decide whether or not., well, it is the Fpsociat.ion's clecisicn, Rs to whether nor not to pursue a petition to close 23rd A. venue psrrranent3y, if thPt was the COril'nLrnity's deClsiOn, thF.n we apFin, F`ith the homro—nFr's=ssociation, would petition this board to perm;:nFntly close ?jrd f,,'Fnue. if this board... Mayor Cuare7: Is the burden on the association to have to init.iate that, or is that a mutual burden on both you and the association, as proposed. Ms. Orshefsky: it is our responsibility to file the petition, at their request. Mr. Plummer: And who would pay for it. Ms. Orshefsky: The applicant, here, the developer, and if the road is permanently closed, then we would construct the cul-de-sac, or equivalent device, and expend the $50,000 which we are committed to under condition 13 of this proposed major use special permit to creating a pocket park at the head of what would have been 33rd Avenues intersection with 21st Street. All of that would come into play. If, however, this Commission does not approve the request of the homeowner's &ssociation, either to permanently to close that road, we would still, we as the developer, would still have the responsibility, a year after our C.O. is received for the movie theatre, to petition this Commission ourselves, so that we really, the community has added opportunity, we all have added opportunity to study the traffic situation in and around 33rd Avenue and make decisions as to whether or not it should be opened, but that everyone, the homeowners, yourselves, and ourselves will have a voice in that decision. Mayor Suarez: Why don't we hear from the association. Mrs. Orshefsky: I'd like to introduce... Mr. Plummer: Mr. Mayor. Mayor Suarez: Commissioner. Mr. Plummer: Mr. Mayor, I... Debbie, would you take a minute? I am utterly confused. On disclosure of ownership... I don't know, you know, I know the — ga_�es that are played, but we have... Alpert, Maurice Alpert, is the owner of one parcel, and I understand that. Ms. Orshefsky: That's correct. Mr. Plummer: That is page 26 of the backup document. Then you go to Page 27, and we have a gentlemen by the name of Bernardo Fort. Mr. Lefley: Yes, sir. Mr. Plummer: But, we are looking at four different corporations, one a Florida Corporation, one a Dutch Corporation, one a Netherlands Antilles Corporation, and one a Panamanian Corporation, and it says on each one that they own 100 percent. Ms. Orshefsky: I'll have to check my sheet on that breakdown, but it is my understanding that the ownership of half of the property is with Decorative Arts Plaza, Inc., and Bernardo Fort is the president. Mr. Plummer: No, wait a minute, Decorative Arts Plaza, Inc., is half owner, OK, but that in turn, they are 100 percent owner of the property... Ms. Orshefsky: Yes, but they are... Mr. Plummer: But, yet it breaks down into four different corporations, and I want to know why. Likewise, the other half of the property is owned by Coral Way Associates, Limited, who owns 100 percent of that half of the property, but yet, there are one, two, three, four different corporations on that. 9 October 23. 10RA Ms. Orshefsky: I believe that all of these various corporations were set up, although I was notthe attorney setting them up, for purposes of the tax laws. I would have to assume... Bernardo's tax considerations - the different tax considprat.ions. However, the entities that are representative of having 100 percent of their portion of the subject property, do have that 100 percent, and act on behalf of the various other corporations that make them up. Mr. Flummr-r: WPI3 Me. Orshefsky: The new tax law will make this a lot easier, I think. Mayor Suarez: We have, you not only have a unique project, from what I can see, but you have a unique ownership form here. It is one of the most complex that I have seen in a long time. Who are the real live principals, owners of this? ( INAUDIBLE BACKGPOLRZD COMt,EPTS ) Mayor Suarez: Not just in a representative capacity, or as architects, or whatever, but actually... Ms. Orshefsky: Come up here, Bernardo. Mayor Suarez: edam City Attorney, do we have a right to know who the individual owners actually are? Mr. Plummer.: Oh yes, full disclosure) Mrs. Kennedy: Where is Maurice Alpert? Ms. Orshefsky: Maurice Alert is not here today. He is represented by Matthew Schoenberg, under a power of attorney, which I believe is in the file. Mr. Plummer: You know, my problem, I am going to put it right on the record, my problem is that if the City ever goes to move, and tries to correct the wrong, we have got to tall- to eight different corporations. Ma. Orshefsky: No, under their corporate documents, the one individual that is represented here, and Mr. Alpert, through Mr. Schoenberg, would be the source of any responsibility, under the commitments being made here. Mr. Robert H. Traurig: I think it is important to introduce each of those principals so that they can address you directly. This is Mr. Matthew Schoenberg. I think you know Bernardo Fort Brescia who is behind me, and you might ask them any questions that you think are pertinent, Commissioner. Mr. Plummer: Well, I will ask Mr. Fort first. Sir, what is the intent of the four different corporations of ownership? Mr. Bernardo Fort: The property was acquired as part of a trade with a — previous shopping center owned by the same company. This was a center that was owned for many, many years. In those times, I think Mr. Suarez, as an attorney, would remember there used to be something called a Dutch standard, and it was a standard procedure, and he probably can explain to you, that used to be done under old tax laws. It is no longer applicable for over two years, but since it was part of a trade, that is tht+ reason why it was inherited in that kind of system of corporate structure. It was fairly common about ten years ago. Mr. Plummer: Who is Ray Carlo Durling and Cecilio... Mr. Fort: They are the trustees of the trust. It is a family trust that owned the previous shopping center from which this structure was inherited, and this will be, once everything is ready, will be cleared up because under the new tax laws, next year, none of this will be applicable any more. It is very complex. I mean, somebody could... a tax attorney would have to give a lecture on this to explain why. The reason is for historical reasons, I mean, c there is no other reason. Mr. Plummer: But, according to this, you own 100 percent of that corporation. 10 October 23, 1986 i - -s { Mr. Fort: No, sir, I am the trustee representing... I am the president of the company. I do not own 100 percent, the trust owns 100 percent. Mr. Plummer: Madam City Attorney, ere you satisfied with this legal jumbo, mumbo? Mrs. Dougherty: For. Commissioner, I am satisfied that they have disclosed under our ordinance, the cvners of the various corpo.retions. Mr. Plummer: Have we accomplished anything here? I mean, all I am looking at Is a whole bunch of corporations. That is what I am looking at. It doesn't really tell me anything. Mrs. Dougherty: Well, there is no requirement that individuals... Mr. Plummer: No, I think you are wrong... let's... Mrs. Dougherty: All of the individuals have been disclosed that are required under the ordinance. Mr. Plummer: flight, so tor. Fort, then you own 100 percent, sir, of the Decorative Arts Plaza? You are... Mrs. Dougherty: No, he is president. Mr. Fort: As president of the corporation, I am representing 100 percent ownership. Mr. Plummer: According to the law here, "owners of subject real property, and percentage of ownership of all parties having a financial interest." Now, are there other parties in this that have a financial interest, or do you own it all? Mr. Fort: Everything that is presented in the disclosure of ownership is accurate, sir. Mr. Plummer: That is not my question, sir. My question is, are there other parties, for example, in Decorative Arts Plaza, Inc., besides yourself? It is not what you represent. Who are the actual owners? Ms. Orshefsky: Decorative Arts Plaza is owned by the various other corp... it is owned by Atlantic Design Enterprises, which is then owned by... it is again we are in a situation, it is a number of corporations. Mr. Plummer: Debbie, I read very well, and I thank you. My question is, is Mr. Fort, 100 percent owner? Are there other people involved? Ms. Orshefsky: He is the 100 percent owner. Mr. Plummer: He owns it entirely? Ms. Orshefsky: That is correct. Mr. Plummer: All four corporations, three, except Thornhill. Remember now, we are on the record. Mr. Carollo: Remember how that ordinance has got introduced? Mr. Plummer: Yes. Mr. Carollo: Who introduced it? Mr. Plummer: Yes. Mr. Carollo: One of my worse ordinances, right? Mr. Plummer: Jaearol. Ms. Orshefsky: The trustees, if we want to break it down to the ultimate shareholders, they would be, the shareholders under the trust, would be Bernardo Fort-Brescia's parents. Mr. Plummer: Would be what? Ms. Orshefsky: Mr. Fort's parents. Mr. Plummer: Not listed here. Ms. Orshefsy.y: They ere... it is a... Mr. Plummer: Are they Thornhill? He. Orshefsky: Excuse met Yes, they are. Mr. Plummer: Let me go back to my original question. Decorative Arts Plaza, Inc. Does Mr. Bernardo Fort own 100 percent, or are there other people involved" Ms. Orshefsky: All those... Mr. Fort: Let me explain to you clearly. Mayor Suarez: Maybe by telling us the beneficial owners, as opposed... Mr. Fort: There is a trust, and by law, the owner is a trust. Mr. Plummer: Who are the members of the... ? Mr. Fort: The trustees are the gentlemen that appear... that is here, Mr. Durling, Mr. Castillero, and they are the trustees. Mr. Plummer: They are shareholders of Thornhill? Mr. Fort: Yes. Mr. Plummer: No. Sir, for the fourth time, and if I don't get my answer this time, I am deferring the item! For the fourth time, the Decorative Arts Plaza, Inc., do you own 100 percent of that, or there are other people involved? Mr. Fort: Yes, sir, I do. Mr. Plummer: You own 100 percent? There is no other people involved in Decorative Arts Plaza, Inc., that have a financial interest? Mr. Fort: As listed in the paper, here, sir, it is, I mean, what can I say? I am not an attorney, so I don't know how to answer the question, sir. Mr. Carollo: Can I give counsel a little background in history, why we implemented this ordinance? Mr. Fort: Yes, sir. Mr. Carollo: And this has nothing to do with all the individuals that, you know, appear as owners here so far. I think you all are honorable people. The reason that this ordinance is in the record today, is that this crazy Commissioner here, also happened to introduce that ordinance, because, at the time, we were having tremendous amount, that is the only way I can describe it, of narcodollars that were being laundered into the building trade into this community, and again, I repeat for the record, this has nothing to do with the honorable people that are a part of this project. I am just giving you a little history of why it was implemented. Mr. Fort: I appreciate it. Now, I understand why... Mr. Carollo: There was a major project that was never built because this ordinance came into effect, and in fact, at that time, you know, the media could write another article on this, I had to go to the federal grand jury and probably the reason that you never heard about that was because the government was keeping it quiet so that I could be a witness in their behalf. Mr. Fort: I understand, air. 12 October 23, 1986 Mr. Carollo: And with that grand jury proceeding, there were many questions that were asked in reference to monies being laundered, and different people involved in the drug trade with Cuba. Mr. Fort: In view of the... I mean, I understand now the intent, sir. Mr. Carol. Io: But, the bottom line of what I am getting to is, if that ordinance at thattime would not have been implemented in the way that it was, we probably would have had at least one project, and others that were not clear at all, as to where their funds were coming to, built in this community. Mr. Fort: Sir, I would like to explain to you once more why I am confused and I will ask how to explain it. I apologize if I wasn't, clear, but I am not an attorney, so I don't. know when I am explaining things properly in a legal way. Mr. Plummer: Sir, you don't have to apologize to me for not being an attorneys Mr. Fort: I am sure we all agree with that! No intentional... Mrs. Kennedy: Bernardo, what is the time frame for the construction of this project? Mr. Plummer: Excuse me, Rosario, could I get my answer? Mrs. Kennedy: OK. Mr. Fort: I would like to answer the question, so that they are satisfied, and I understand now what the legal answer is. The gentlemen that are shown in the last line of this application are the trustees, representing a trust, of which my family is the beneficiary, but a beneficiary is not an owner, therefore, that is why they do not appear, and they were trying to do the legally correct thing here, but... Mr. Plummer: Thank... Mayor Suarez: And your family is the beneficial owner of, pretty much, of the entire tract that we are talking about, in effect? Mr. Fort: The only beneficiary, sir. Mayor Suarez: OK, and then the other half of the tract? Mr. Plummer: OK, I will get to that now. Mr. Fort: There is no other party, and I represent them and I am the president and that is why they show 100 percent, because there is no other beneficiary. Mr. Carollo: Well, I think that the way you could clear a lot is just by stating for the record, who the beneficiaries of the trust are, and that would resolve it, I think. I think the way that you would resolve the intent of the ordinance is by stating on the record... Mr. Fort: Mr. and Mrs. Paul Fort, my parents. Mr. Plummer: OK, now, the other page. Maurice Alpert, am I to understand that he is sole owner, and entirely owns every portion of the entire application? Ms. Orshefsky: He owns one-half of the application, that portion not owned by Decorative Arts Plaza, and he owns... Mr. Plummer: OK, but he, yes, 50 percent. Ms. Orshefsky: ... percent owner of his portion, that is correct. Mr. Plummer: Thank you. Now, you can... how long is that? Ms. Orshefsky: If there are no more questions, I would like... 13 October 23, 1986 Mrs. Kennedy: Yes, I have a couple... first of all, the time frame for the construction of this project? Ms. OrFhefsky: Their construction runs are complete, and they would like to _ file for P building permit tomorrow. They would commence construction immediately, to he opened for the Christmas season, 1987. Mr. Plummer: Just before GrPmm-Rudman. Mrs. Kennedy: one of my interests, and one that I don't see here, is day care centers, and in fact., I am not sure whether this would be the area for a day care center, but. I would certainly like, if not, some kind of contribution toward P day center, perk fund, or something to that effect. Ms. Orshefsky: We have considered that, and to respond to both of them, there is a day care facility incorporated into the heath spa, which will be for spa members and guests. Mrs. Kennedy: But, just for spa members? Ms. Orshefsky: That's correct. Mrs. Kennedy: No, but that is not enough. Me. Orshefsky: To respond to you other concern, we would be interested in voluntarily contributing $15,000 to the fund that you had mentioned. Mrs. Kennedy: OK. Mayor Suarez: Can we hear from the neighbors, both for and against. I gather the ones that are with you here representing the association are now for it, and there may be some against. Can I have a show of hands as to those who are going to speak against this application? One? OK. Mr. Plummer: And she is no stranger here. Mrs. Kennedy: There are never any strangers. It is the same people over and over. Mayor Suarez:• Give us your name and the association that you represent. We assume that you are not being compensated, so you don't have to file as a lobbyist. Mr. Charles Hasseler: That is correct. My name is Charles Hasseler, I live at 1810 S.W. 33rd Court. I have lived there for approximately 20 years. I represent as president the Coral Gate Homeowner's Association, Inc. You are going to have to bear with me, because some of this is going to be slightly repetitious. The Coral Gate community is not here to oppose progress per as, but we are here to control it a little bit. We consider the Miracle Center the beginning of a new era in our community, because you can see everything coming down Coral Way right now, that is part of it. We know that the City planners do their best to represent us when they have no response from the community, and we take the blame for our apathy in the past. We are now _ organizing and trying to develop a consensus for growth, to prevent the destruction of our neighborhood while that takes place. We are not opposed to the Miracle Center project. We think, had we been organized, our community input would have saved the project promoter, and ourselves, a great deal of stress. We have concerns which are being, or have been, addressed, both by the City, and the Miracle Center promoters. Mayor Suarez: I don't want to preempt everything you are going to say, but I will tell you that the one remaining, principally remaining issue, from what I hear from the Commission, it has to do with the closing off of the street, and that's... Mr. Hasseler: We are getting to that, right now. Mayor Suarez: Instead of giving us the whole presentation, you might address that issue. It might get us along a little bit quicker. Mr. Hasseler: OK, of major concern is the traffic that will generate during construction, and the future completion of Phase I of the project. The Coral 14 October 23, 1986 Gate Homeowners feel a temporary barrier on 33rd Avenue, of the north boundary of the Miracle Center project, south of 21st would serve this purpose adequately. Is that clear, J.L.? Mr. Plummer: Are you opposed to a permanent closing? Mr. lip sseler: l.et. me go on and address that. In ten months of nearing completion of the first phase, the Corp] Gate community will decide on a permanent cul-de-sac to be provided and paid for by the builder, the cul-de- sac to be constructed at. the same location as the barrier. This will separate the residential community from the commercial establishments. Is that pretty clear, what we are talking about? We are talking about a temporary closure that we are going to try to live with for ten months. If at that time we feel as though the community can't live with that, then we don't need the cul-de- sac. Mr. Dawkins: But, is it ten months, sir, the ten months during construction, or is it ten months after the completion and the use of the building?... because there is going to be a difference in the amount of traffic. Mr. Hasseler: We want the barrier there during construction. Mr. Dawkins: Sir? Mr. Hasseler: We want the barrier there during construction. Mr. Hasseler.: OK, then... I mean, I don't live there, but I would hate to base my judgment on construction, knowing that once the building is completed, then the traffic and everything is going to be different than during the construction phase. Mr. Hasseler: We feel as though we need the cul-de-sac. The community feels as though they need the cul-de-sac. Mr. Plummer: I agree. Mr. Hasseler: I believe that is most of our major concern. We have other agreements, screening agreements and so forth, and you heard... J.L., you brought up the wall. I never heard anybody object to the wall. The problem with the wall is that we needed the protection during the time of construction, not after the project is built. We were afraid construction personnel, equipment, and so forth would wander into those back yards. That was of major concern to us also. Mr. Plummer: So, it makes no difference to you whether it is solid, or whether it is louvered? Mr. Hasseler: I think you have to hear from the community on that, but I didn't... we didn't even approach that question. The other major concern vas screening on the back of the buildings, so that nobody in those parking areas could look directly down into the back yards. Those were our three major concerns. Thank you. Mr. Pierce: Mr. Mayor, if I may. I have heard the applicant's attorney talking about closing the street. I think it is important that the Commission be fully aware of how that process works. It is not something that is totally within the developer's powers just to do it. There are two ways to do it. —_ One, is just the closing off of street to traffic, which could 'ae initiated by the Public Works Department, or usually, by the residents of an area within 1,000 feet of the affected street. The other way is a formal petition to vacate and close the street, which requires the cooperation and participation of all owners of property adjoining that street. Mayor Suarez: What you are saying is procedurally, what we have to do today, is, if we do anything at all, would be a temporary, or artificial closing, and not a permanent, is that what you are saying? Mr. Pierce: Absolutely. It is going to take a whole separate process, but I wanted everyone to be clear that it is not just a simple matter of someone saying, "I want to close the streets." Mr. Hasseler: We are... Mr. Mayor... 15 October 23, 1986 Mayor Suarez: You have no problem with that. You are not proposing a permanent closing. Mr. Hasseler: No, we are well aware of the law, and we are well aware... Mayor Suarez: Would you stick around a little longer? Sometimes we need a lot of advice on that. Mr. Hasseler: We are well aware where the law requires the closing to be, but we know There we want the street closed. Mayor Suarez: I understand. Mr. Hasseler: Thank you. Mayor Suarez: Ma'am, give us your name and address, and we presume again that you have not been compensated to appear here. Ms. Ofelio Tabares Fernandez: No, I am not compensated. My name is Ofelio Tabares Fernandez, and I live at 1861 S.W. 36th Avenue, which is in the Coral Gate neighborhood. It is a single residence area, and the homeowner association is in the process of being formally completed, and we, all definitely want to keep the nature of this single residence area. We are very much worried about the traffic problem. We already have had to and will fight for the development on 37th Avenue and in going into the Coral Gate section. I mean, if it is outside of the... and the business is already in existence, there is no opposition to that. I think this is a wonderful opportunity for the developers to do something beautiful in that area. I have nothing against development of that as a beautiful shopping center. I think we need it. In fact, the central part of the City of Miami. needs a nice shopping center, but definitely whatever happens there, has to protect the traffic impact, of whatever development is approved for this tract "C", or "B", or. tract "C" in the future, that the traffic doesn't go into the neighborhood. I have heard saying, "temporary closing." If, procedurally, it has to be temporary now, and then another request later on, it is all right, but in my opinion, that should be a permanent closing, not... and when I say cloning, not with an awful wall. I think the developers, as I understand Arquitectonica, the architect firm, they are one of the very best, and I am sure ti.iy can devise some way to close for automobile traffic, but not for pedestrian traffic, I mean, people in the neighborhood could walk to 33rd Avenue and coming into the shopping center, and there are a lot of ways to do a nice thing, I mean to close that neighborhood, as in Lincoln Road, for example, where it ends on Alton Road, as I think it is, and in some way to permit the pedestrian traffic, but not automobile traffic. That is definite, and the other thing is to protect with adequate high wall the single residence area, with obligation for the developer to landscape properly, and keep the landscape, and I heard something about giving $500 to each, I mean, none of us are landscapers. I think, I mean, this is something the developers should provide. It is going to be an enhancement to the area, and we all want to enjoy it, but please don't think about temporary closing, when this is a big problem. The big problem is going to be after the development is finished. During the construction period, it is only two or three trucks what we are talking about. Mayor Suarez: Thank you. Yes, sir. Give us your name and address, and once again, we assume that you are not compensated to be here, so you don't have to register; otherwise you have to register with the City. Go ahead. Ms. Miriam Millar: My name is Miriam Millar. My office is at 3400 Coral Way, and I have an interest on lots 455 and 456, and my daughter and son --in-law live on 457, and we love to have Miracle Center next to our property, because these developments, they bring jobs to our children and progress to our City, in taxes, revenue, and everything. We can better Fire Departments and Police Departments and garbage companies, but we really don't mind to have the traffic of the Miracle Center when it is under construction, or after it is finished. We will be the most people affected by the traffic and we don't think that we should have that street closed at all, because then we will be isolated from the Miracle Center and I know by the developments they tied into, there is going to be a very nice area, where maybe at evening, we can even stroll there and have a place where to walk at night nicely protected and well lighted, that we all need in the City of Miami, because we need that, and for progress, progress brings jobs to people. We need that now, because our 16 Octobor 23, 1986 11 children are growing, mnd where are they going to work after they finish school? So, the three c-rners of that, we are not for the closing of 33rd. We will work with Miracle Center whenever we can, whenever they want us to cooperate with them. Thank you. Mayor Suarez: Any one else? Commissioner? Yes, Ma'am. Give us your name and address and once again, if you are compensated. Ms. Maria Upthegrove: My name is Maria Upthegrove, and my address is 3290 S.W. 21st Street, and I am not: compensated, I am a homeowner. First of all, I would like to express my support for the project coming up. That is... actually, what is there is just neglected commercial property, which allows thieves to jump our back wall and get into our homes, and it just looks horrible. Secondly, I. would like to advise the Commission that the Coral Gate Homeowner's Association does not speak for all the homeowners in that neighborhood. Mayor Suarez: So for you haven't disagreed with them, so... Ms. Upthegrove: Well, I am going to disagree with them right now. I disagree with closing off that street, because I live on lot 457, which you will notice is only a house away from the corner on 33rd and 21st. That will cut access for me to Coral Way, and the easiest way for me to go. Furthermore... Mr. Plummer: Excuse me, will somebody point out which lots... Ms. Upthegrove: 457. Mr. Plummer: OK, and the other lady was... Mr. Pierce: Two lots going west. Ms. Upthegrove: 455 and 456. Regardless of... well, what I want to say is that... the wall is impractical. Right now, that 21st Street is a highway, and it is really for people that bypass Coral Way. They take a left, like on Douglas, and then they go all the way to 32nd Avenue. There is really no traffic on 33rd Avenue right now. I am familiar with the structural adjustments that the project is going to make, because I have seen them in a few buildings. It is possible, when the traffic is directed that way, to go the other way, so as far as once a building is built, it will be no stress for us. That is all, thank you. Mayor Suarez: Thank you. OK. Mr. Traurig: Mr. Mayor, may I wrap up for the developer, please? My name is Robert H. Traurig, I am registered in connection with this matter. I am partner of Debbie Orshefsky, and I want to tell you what my perception of this hearing has been. What has been disclosed is, we are not seeking any zoning change, we are not seeking any variances. We are not seeking any special exceptions, and we are here for a major use special permit, because the scale of our project, the scope of our project, permits the City to review our project to make sure that we have complied fully with aesthetic requirements, with impact analyses and so forth. We have done that, and the recommendation has been for approval from the Planning Department, from the Planning Advisory Board, and we are very mindful of the different opinions of different people in the property to the north, in Coral Gables, and we want to be fully cooperative with all of those people. We have agreed on the landscaping, we have agreed on the wall, we have agreed on the screening, etc., because those are simple things with which we could agree, and say, "yes", we will do these various things. With regards to the road closure, we know that is a complicated problem. It is a complicated problem even without the this project, and some people feel, yes, and some people feel, no, and we would like to divorce the two issues so that that could be looked at independently, objectively, by the Public Works Department, but in the event this Commission feels that it ought to be part of this consideration, we are prepared to go either way. We think that the project ought to be approved. We think that the recommendations are sound. Ile are willing to abide, not only by all of the conditions previously imposed, but we would like again to reconfirm that we will make the contribution to the day care center voluntarily. Thank you. Mayor Suarez: Thank you, Bob. Yes, sir. 17 October 23, 1986 Mr. Hasseler: Do you want my name and address again? Mayor Suarez: Just your name once again, for the record. =r Mr. Hasseler: Charles Hasseler, president of the Homeowner's Association. I have 100 names on a petition here to have that street closed, if you would like to see it. Mr. Dawkins: No, sir, the only thing I would like to know is... Mr. Hasseler: We will go after it again, if you care to... Mr. Dawkins: The only thing I'd like to know is, did you, at any time, state that you represented all of the homeowners out there? Did you at any time state that? Mr. Hasseler: Absolutely not. Mr. Dawkins: Thank you, sir. Mr. Hasseler: I am president of the Homeowner's Association. Anybody knows you can't represent all of the people in our community. Mr. Plummer: That's the best statement I've heard today! Mr. Mayor, if I may... to the pretty young lady in the yellow dress, would you come back to the microphone, please? You said that your children own lot 57... Ms. Millar: 57. — Mr. Plummer: And lot 58? Ms. Millar: No, no. Mr. Plummer: Would you point them out to me, please? Mr. Pierce: 455 and 456. Mr. Plummer: I can't see that far, I'm sorry, Walter. Mr. Pierce: 457. Mr. Plummer: No, that was the other girl. That was hers. Ms. Millar: That is my daughter. — Mr. Plummer: OK, and there were two lots you said you represented. Ms. Millar: Yes, 455 and 456. Mr. Plummer: OK, and you are opposed to closing the street. Ms. Millar: Yes, I know that we are not here today for the closing of the street, as Mr. Traurig said. Mr. Plummer: No, no, I disagree with that one. Ms. Millar: But I don't want you to get confused, OK? Mr. Plummer: OK. Ms. Millar: Because I know with that we will have to be in the future with - application or something like that. Mr. Plummer: Not necessarily. Question I have of you, were your children recently denied by the Zoning Board to put in an office at that location? t_ j Ms. Millar: Yes. Mr. Plummer: An office on residential lots? 18 October 23, 1986 Ms. Millar: Well, they are not residential lots, they have transitional zoning. We asked for a class C permit which is different to a rezoning. Mr. Plummer: But they were denied? Ar- Ms. Millar: Yes, and we are appealing it. Mr. Plummer: Thank you. Ms. Fernandez.: Our rebuttal to this lady. This property is a... Mayor Suarez: Well, we are not going to have rebuttals all dayl... Just if you have anything else to clarify? Ms. Fernandez_.: Yes, this property is exactly the property that was proposed in the last zoning hearing to build a three story building. Mayor Suarez: I am not. v7hat the relevancy is to that, but thank you anyhow for the clarification. Mr. Plummer: Well., the relevancy is ... Mayor Suarez: The Commissioner already asked about that, so... Mr. Plummer: The relevance, Mr. Mayor, is to the fact that the reason they don't want the street closed is because if they want to put offices in there, they want access to their offices, and you know, and what I know is, the minute that the first office goes in, the domino theory has carried it all the way down to 32nd Avenue. That is the relevance to it! Are we finished with the public hearing? Mayor Suarez: Yes, I think so. We have heard from... Mr. Plummer: Mr. Mayor, I have my two points, which I would make again. I don't like the idea that a temporary basis - I will go on the record, if I am sitting on this Commission, which I fully intend to be, that we put it in as a permanent closure at any time... at any time, the neighbors in a group want to come back and petition this Commission to say, Commission, we don't think it is necessary, we would like to open it back up, I will vote immediately for it. The second condition... Mayor Suarez: We could build that in as a resolution of intent, if you would like. Mr. Plummer: Fine. The second portion, Mr. Mayor, as you know, I am very much opposed to just a blank wall. I think a blank wall is horrible, it gives me the feeling of claustrophobia, and a concentration camp. I would want to make sure that there was something that was agreeable to the neighbors that they could live with without just being a total blank wall. The other part that I have to address is, I think today... Bob, you better listen to this, $500 worth of landscaping is nothing. You can go out and buy two trees and - you are up to $500. You are talking about, as I count there, you are talking about ten properties that are affected, and I just feel that either, orl You offer them a proffer by a landscaping professional that they agree to, or you _ have got to up the $500 to make something reasonable, OK? Now, that's the points I make, and that is where my vote ... Mr. Traurig: Commissioner, you are right about the $500, but I think it is _ very important to note, we are going to do extensive landscaping on our side of the wall. Mr. Plummer: We are not protecting you, we are protecting the residents. Mr. Traurig: Yes, and we recognize that, that is why we said in addition, that they should have some large trees strategically placed on their particular lots, and that the $500 would provide for those trees. If, on the r°. other hand, you want a different number than $500 because that is inadequate, I would... Mr. Plummer: I would... no. 19 October 23, 1986 �4 MEW Mr. Traurig:... I would say to you, sir, that we would put in landscaping on their side of the wall, as specified by your Planning Department. Mr. Plummer: Fob, no, no. My Planning Pepartment is going to live there. The neighbors are going to live there! tend what 1 am saying is, is what one neighbor brought out very cieerly - they are net professional landscapers. I would much rather net increase the cost. 1 would rather you, as the developers p-ft togather a pfckage by a Professional , as you will be doing on the other side of the wall, and it_ is something that is agreeable to them, and don't give them the money, give them something pleasing to Look at besides a blank wall. Mr. Traurig: Rut, the reason that we dial it... Mr. Plummer: I understand. Mr. Traurig: We don't want to trespass on their property. We don't want to dictate to them what. ought to be put there. We would prefer to give them the money Qo that they can use their own discretion about the kind of plant materials. We will give 51,000, if that is the solution co the problem, because we think that it enhances their backyards, it enhances our project. We weren't trying to be chintzy on the $500 versus some other number, be we felt that it would be better for them to have the discretion as to what kind of materials to use. Mr. Plummer Yes, but Bob, if you are talking about ten lots, and you get a professional to come in, you can gec a hell of a lot better deal when he is doing ten lots, rather than them doing it individually. Mr. Traurig: We will undertake to do the landscaping... Mr. Plummer: Don't use that word! (LAUGHTER) Mayor Suarez: Now you are in competition with him. Mr. Traurig: We will do what is required, to install the landscaping on their lots. Mr. Plummer: Perpetual maintenance! Mr. Traurig: This is too funereal for mel Mayor Suarez: OK, Commissioners, Planning and Zoning item... Mr. Plummer: Mr. Mayor, if you are ready for a motion, I am ready to make it. Based on the criteria as amended here today, by myself, and if any others want to, I move that this matter be granted, and I only have one other question, because we are asked as Commissioners and elected officials, give me an approximate cost value of this project to this City. I am not going to hold you to it. Is it four billion, or three billion, or approximate? Mr. Traurig: The figure I keep hearing is $35,000,000. Mr. Plummer: $35,000,000, that is it? Mr. Traurig: The cost of the project would be $35,000,000 in construction costs. Mr. Plummer: OK, thank you. I move that this motion be granted with the stipulation so attached, and well, the three stipulations that I put in there. So moved. Mayor Suarez: So moved. Mr. Pierce: They can make the wall decorative. a_ Mayor Suarez: Do I hear a second? Mr. Plummer: Do to the lack of interest, today has been cancelled. Mrs. Kennedy: I will second. 20 October 23, 1986 ilk Mayor Suarez: Seconded. I was about to do it. All right, it has been moved and seconded. Any further discussion from the Commission? Hearing none, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-834 A RESOLUTION ISSUING A MAJOR USE SPECIAL PERMIT ATTACHED HERETO AS EXHIBIT "A"; APPROVING WITH CONDITIONS, THE MIRACLE CENTER PROJECT PROPOSED BY CORAL WAY ASSOCIATES, LTD., AND DECORATIVE ARTS PLAZA, INC. LOCATED AT AFFROXIMATELY 3301-3501 CORAL WAY (SW 22 STREET) MORE FART ICULARLY DESCRIBED HERE114 AS THE EAST 625 FEET OF TRACT B CORAL GATE SECTION D, PLAT BOOK 50, PAGE 34 OF THE PUBLIC RECORDS OF DADE COUNTY; MAKING FINDINGS; INCORPORATING A DEVELOPMENT IMPACT STUDY BY REFERENCE; PROVIDING THAT THE MAJOR USE SPECIAL FER.MIT SHALL BE BINDING 014 THE APPLICANT AND SUCCESSOR 114 INTEREST; A14D DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTI014 TO AFFECTED AGENCIES AND THE DEVELOPER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner. Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 5. PLAT ACCEPTANCE: "MIRACLE CENTER (S.W. 22 ST. AND S.W. WE AVE.) ------------------------------------------------------------------------------ Mayor Suarez: PZ-3 is a companion item. I don't hope we have all the same discussion. It is plat acceptance. Mr. Pierce: It is the plat. Mr. Plummer: Yes, if we don't approve this, there are out. I move item 3. Wait a minute, excuse me. Let me ask a question. Mr. Campbell, understanding what the Commission has just done as far as a permanent closure, does that alter the plat in any way? Mr. George Campbell: No, sir. Mr. Plummer: All right, sir, I move item 3. Mayor Suarez: So moved. Second? Please second. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call the roll on item PZ-3. 21 October 23, 1986 The following resolution was introduced by Commissioner Plummet, who moved its adoption: RESOLUTION NO. 86-835 A RESOLUTION ACCEPTING THE FLAT ENTITLED MIRACLE CENTER, A SUPPIVISION IN TFIE CITY OF MIAMI; AND ACCEPTING THE DI DICA7IOI,S SHOVINI OW SAID FLAT; AND AUTHORIZING AND D7F-FC7jNG TNT CITY MhNAGFP AND CITY CLERK TO FY,F.CI?TF TNT F'I_.AT /,IkD FROVIDING FOR Ti E RECORDATION OF SAID FIAT III TNF FtiF7JIC RTC07rls OF DADE COUNTY, FLOPIDA. (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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 6. GRANT FUNDING FOR "SECOND ANNUAL CONFERENCE OF CIVILIAN OVERSIGHT OF LAW ENFORCEMENT." Mayor Suarez: Item one of the Regular, non Planning & Zoning agenda. Representatives of the International Association of Civilian Oversight of Law Enforcement. Mr. Plummer: Number one of the regular agenda, Page 11. Mayor Suarez: They will pass those around, and you can go ahead, and tell us, give us your name and address, and who you represent. I presume you are here on a non -compensatory capacity, although you are a member of the association, right? Mr. Wesley Pomeroy: Yes, I am. My name is Wes Pomeroy. I am at 73 West Flagler Street, Room 1902 in Miami. On October 7th, at the brief appearance I had before you, you gave me two clear directions in talking about this application for support for the Second Annual Conference for the International Association for Civilian Oversight of Law Enforcement. One was to clarify and emphasize what the benefit to Miami would be, since the meetings are being held at Miami Beach, and another to tell you what support is coming from the County or other jurisdictions. In this presentation I made out, it seeks to clarify that, and it in brief says that, although the meetings are being held in Miami Beach, the primary outside activities are being held in Miami. We have specific activities planned here, including a large reception at Monty Trainer's, transportation is being arranged, so that people will stay in Coconut Grove to shop and to eat. We have other daytime activities, which include tours to in Coconut Grove, a fashion show at Mayfair, a tour with lunch in Little Havana, downtown Miami, for a tour in shopping, which a lot of people seem to ignore, and there is a lot of real Mr. Plummer: Sir, to try to cut you short, for everybody's pleasure... Mr. Pomeroy: All right, please do. Mr. Plummer:... the City Administration is recommending $4,500. Mr. Odio: Matching funds. 22 October 23, 1986 �•r Mrs. Kennedy: Matching funds. Mr. Plummer: Of matching funds from the County? Mrs. Kennedy: Miami Beach and the County, correetl Mr. Plummer: Right. Mr. Pomeroy: What.? Mr. Plummer: $4,500, sir. Mr. Pomeroy: Yes. Mayor Suarez: That happens to be the authority limit of the City Manager, and that is what he is recommending, and that might mean that if you don't accept that, you might not get anything from the Commission, so... Mr. Pomeroy: I am not about to reject it. Mr. Plummer: I move the Manager's recommendation. Mr. Dawkins: Second, and under discussion... Mayor Suarez: Seconded. Under discussion, Commissioner Dawkins? Mr. Dawkins: Mr. Manager, I have a piece of paper that you submitted, in _ which you have requested that every department in the City of Miami reduce its budget, OK7 Now, you will, be getting a memorandum from me, asking you what this is doing, how are we going to retain services, and what is happening to our reserve. Now, you can continue to give out money at will, and I want you to understand that that piece of paper that you passed out, I am voting against everything on it, because the more money I sit here and try to save, so that we do not have to raise taxes, and that we are able to provide services, you continue to find a way to give it away. Mr. Odio: Are you talking to me, sir? Because... Mr. Plummer: Are you not still the City Manager? Mr. Odio: I wish I wasn't sometimes, because I don't think my policy has been of giving away money in the City of Miami. If it has, I don't know when that changed. As far as the memorandum that I sent out, we had a staff meeting on Friday, and we have issued a target to each department, that if they can be efficient, they should try to save those monies from the budget wherever possible, without cutting services. That is a target, that if we don't meet this year, which is a saving another $14,000,000, the City budget will not be balanced, and that is why we are taking those steps, and I will be glad to answer your memorandum when I get it, Commissioner. Mr. Dawkins: Thank you, Mr. Manager. Mayor Suarez: Thank you Any further discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-836 A MOTION GRANTING THE INTERNATIONAL ASSOCIATION FOR CIVILIAN OVERSIGHT OF LAW ENFORCEMENT $4,500 IN CONNECTION WITH THE HOLDING OF ITS SECOND ANNUAL CONFERENCE SCHEDULED FOR DECEMBER 1-5, 1986 SUBJECT TO SAID GRANT BEING MATCHED BY MIAMI BEACH AND/OR METROPOLITAN DADE COUNTY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- 23 October 23, 1986 AY$St Commissioner Joe Corolla Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. ACCEPT POLICY DEPARTMENT REPORT ON RICKSHAW OPERATIONS - INSTRUCT ATTORNEY TO DRAFT REGULATORY ORDINANCE. Mayor Suarez: Item number two, representatives of the Rickshaw Industry. Mr. Mike Bellows: Good afternoon. My name is t;ike Bellows, I reside at 330 Catalonia Avenue in Coral Gables. Out of the 12 rickshaws that are currently operating in the Grove, were operating in the Grove, I own and operate eight. Mayor Suarez: Oh, I didn't see Tom over there. You are actually listed first, here. I presume that you are going to make a similar... the thrust is going to be similar for both of you, r.ight7 Unidentified Speaker: He wanted to speak first anyway. Mr. Plummer: Well, but you know, I think it is unfair, really, Mr. Mayor. We asked for a study to be done. There was a study, and I think it is only fair that we hear from that study first. Mr. Bellows: Sure. Mr. Plummer: I think that is only... Mayor Suarez: Is there a pending study? Mr. Plummer: No, the study has been surrendered to us, and I'd like to, even though I have a disagreement with the study, I think it is only proper, if normal procedure, that we hear from the study first, since we asked for it. Mr. Bellows: Whatever you like. Col. Arthur Vincent: Col. Arthur Vincent, Miami Police. As you know, you implemented an ordinance on April 22nd to be effective September 30th, and following the passing of the ordinance, the Police Department was instructed by the Commission to conduct a study to determine if the rickshaws impacted on traffic flow and added to the traffic congestion. The study was completed on September 26th and 27th, and on the successive weekend of October 3rd and 4th, to capture a before and after effect. The last weekend that the rickshaws could operate was the 26th and 27th, and the first week without them in central Coconut Grove was the 3rd and 4th. The study was conducted by Mr. Clark Turner, the City Transportation Planner, and I, and we reached three conclusions. One, rickshaws do not impede traffic when properly operated. Traffic volume, speed and delays were identical on both weekends, almost identical, with and without the rickshaws. Number two, the key factor responsible for traffic disruption impeding traffic flow, was the improper operation of rickshaws; and number three, it was determined that pedestrian volume was down 30 percent at Commodore Plaza, near the rickshaw passenger loading zone, where they park to pick up their passengers and begin their trips. The Police Department feels that with several additional amendments, and with strict regulation of the rickshaws with the existing ordinance, that they can be strictly governed to eliminate disruptive operations. Mr. Plummer: Colonel, usually when you do a study, don't you usually go back and find out what kind of problems they have caused in the past? Col. Vincent: Yes, Commissioner, and we have... 24 October 23, 1986 Mr. Plummer: How come it is not in this study? Col. Vincent: It is sir, we did enter... Mr. Plummer: I don't see anything in here about the tickets were issued, or that arrests were made. Col. Vincent: Yes, it was summarized as the improper operation. You are correct, there was no specific mention of it, as far as itemizing each incident of the accident that they had about... Mr. Plummer: FIell, usually your summary would show that there have been so many traffic citations issued, there have been so many arrests made and I don't find that in here, and I am, wondering why? Col. Vincent: That is correct, Commissioner, however, we summarized that as the improper operation. It is granted that the improper operation of the rickshaws is dir-rupt.ive, however, the study wss instructed in specifically determining if the operation of rickshaws would add or detract to the congestion, and the proper operation dad not.. You are correct, there has been a lot of improper operation. Every commanding officer that I sent down there to give me an appraisal of the rickshaws did say that there was a great deal of improper- operation that was disruptive to traffic flow. Mr. Plummer: You note in your study that with proper regulations. I don't see your recommendation as to what proper regulations are. Col. Vincent: Well, the existing ordinance, and I have unfortunately, it was delayed in the Chief's office, I was late in forwarding the memorandums to the Chief, and after that to the Cormnission and to the City Manager. However, I have copies here of some additional amendments that will further strictly govern the rickshaws. Mr. Plummer: Well, let me ask you one other question, while we are on the subject. I noted in the paper the other day, that they had a very unfortunate incident with a horse and carriage, which we are now seeing in the Grove. Did you take into consideration in this study the traffic patterns as they related to the horse and carriage, which in effect, maybe go a little bit slower than the rickshaws. Was that taken into consideration, or did you only consider the rickshaws? Col. Vincent: I am going to check with Mr. Turner, but I think we only considered the rickshaws, sir. I don't remember counting, or... Mr. Plummer: If I remember correctly, the ordinance speaks to both. Col. Vincent: Yes, sir, it does speak to both and... Mr. Plummer: Just give me, off the top of your head, an opinion. Col. Vincent: Yes, sir. Mr. Plummer: Do you feel that makes any difference with the horse and carriage, as opposed to the rickshaws, yes? You know, I am not going to hold you to this. Col. Vincent: Oh, my personal opinion on the horse and carriage is different than the rickshaws, because I was at the scene of the accident that they had, and two people were severely injured at that accident at Bayshore Drive, and... Mr. Plummer: Accidents will happen. Col. Vincent: Yes. Mr. Plummer: Do you feel, because my thrust in this has been from day one, as to the congestion of traffic. I am speaking to that. Anyone can have an accident, OK, and I understand that it is unfortunate, but do you feel that the horse and carriages fall under the same problem as to congestion as the rickshaws, or that they are worse, they are not as bad. What is just a ' general opinion? i 25 October 23, 1986 Col. Vincent: I think they are, in my general opinion, I think they are a little bit worse, in thetthe animal is unpredictable so much. I think that when they do come down for their license, the Police Department routes should be a little different for them then the rickshaws. They shouldn't be as close to the central core of the Grove. That is my own opinion, sir. Mr. Plummer.: 0Y, than}- you. Mayor Suare-.: You guys can make your presentations. I don't know what the consensus of this Commission is, but in case we can save some time, I am ready to move the recommendations of the Police Department, with which you agree, I presume? Mr. Bellows: Yes, I... Mr. Plummer: Mr. Mayor, may I say for the record also that I would be willing to do the same, if I saw what new regulations that they are going to put forth, but we don't have them, so I don't know how we can... Mayor Suarez: I am satisfied with all the regulations that were already presented to this Commission the last time around by ordinance and I would be willing to delegate additional authority to the department to come up within... Mr. Plummer: OK, for the essence of time, Mr. Mayor... Mayor Suarez: Yes. Mr. Plummer: ... if you want to move it, it has got to come back in the form of an ordinance, and that time, we can... Mayor Suarez: It is not in that form yet, that we can vote on, Madam City Attorney? Mr. Plummer: It is not before us in ordinance form. So, if you want to move it to bring it back in the ordinance form at the next Commission meeting, I will vote for that right now. Save them their time, and they can make their presentation at the ordinance hearing. Mayor Suarez: I so move. Mr. Plummer: I will second it. Mrs. Kennedy: Under discussion, let me say, Mr. Chi, the other day you misquoted me to a Miami Herald Neighbors reporter, basically inferring that my only concern was for Monty Trainer. Let me clear that up. First of all, you said that everybody in the Grove was in favor of the rickshaws, and I asked you to check your facts, because a couple of days before, I had spoken to Rodney Barreto, who works at Monty Trainer's, and he had called precisely to say that they were against the rickshaws. My concern, sir, is for the citizens of Coconut Grove. If you remember when this first was discussed in this Commission, I said I thought it was great, and it would add a lot of romance to the Grove. Mr. Tom Chi: I recall, yes Ma'am, I did. I... Mrs. Kennedy: I voted... i Mr. Chi: That was not my report that went in the newspaper. I don't know what the discussion you had with him was. I found that to be interesting, but I didn't know what the gist of that was, except that I mentioned that it was important to all the Commissioners that we are able to find some type of working agreement with Mr. Trainer, so that... you know, he has a lot of properties and all that, and I said that his main concern was for the community too, and that is what he told me. Mrs. Kennedy: OK, well anyway, we voted for the report. It came back, now I hear that rickshaws do not present a hazard in the Grove, and my concern is - still safety, and I again would like to find out, Commissioner Plummer has brought up, you know, what are you going to do: What are you going to propose to guarantee that don't do the "willys", that they don't go into the sidewalks, and all these... 26 October 23, 1986 Mr. Chi: First of all, let me state... I will give my name and address. Tom Chi, 5943 S.W. 60th Street. If I may, can I reserve one minute for my attorney to speak, when I am done here? I don't want to take too much time. Mr. Friedland is o•ut here. Mr. Dawkins: k°ait, hold it. IAA have a motion and there is a second, and under discussion... the Commissioner has a right to discussion, and after that I must close ciiscucsion. There is nothing from the floor. Mr. Chi: I will make it very brief, then, sir. Mr. Dawkins: There is nothing from the floor. Mr. Chi: Oh, very good. Mr. Dawkins: And I am going to call the question! (AT THIS POINT, THE, CITY CLERK STARTED ROLL CALL) Mr. Carollo- [filler, if I may, I would like to give the opportunity to anyone from the floor. Mr. Dawkins: The Commissioner wants to hear him, all right then, we may hear you, if the Commissioner desires to you. Mr. Chi: On the safety issue, we have had between five and eight citations in the past three for twelve drivers, a total of between five and eight, from the Police Department, and we have had about 150,000 passengers, so I would say that is a pretty good record as far as citations and things. We had, I think, two fender benders and no injuries or anything like that, and we have had numerous incidents, I would say not overwhelming, but enough incidents that it was important for the Police Department to address as far as what we could do not to be a hazard in traffic, and I think that is addressed by the ordinance, and it gives a $500 fine, and some jail time, if we don't follow that, which is following the statutes, and a few other things they lined up about safety and all of that. I know Mr. Carollo, and I believe Mr. Plummer had come down recently to check out the rickshaw, and you could probably say whether you feel that they were operating really safely when you came down, whether you felt that we have made positive improvements that you suggested to us. Mr. Plummer: Well, my suggestion is, you don't take any more time. You are ahead of the game today. I would reserve your right for your attorney, and you have a right to bring him up on the request of Mr. Carollo, but I think that we ought to wait until the first reading of the ordinance, and that is when you ought to discuss the matter. Mr. Chi: Sir, may I ask one question. Is it possible to go back to take the amendment as far as us being in the town center and go back to the ordinance the way it was with Mr. Plummer: That will be up to the recommendations of the Police Department and the Law Department. Mr. Chi: I mean, I am sorry... at this time, can we be back to the position where we were before we had this amendment, and before you suggested having this study. We had, I think the ordinance was all set and the Police Department had made their recommendations and everything like that. Mr. Plummer: I will give you a legal opinion, for all that it is worth... no. It is a substantive change, and you cannot do it on a substantive change. Mr. Chi: Even if it goes back to the... OK. She said it wasn't a substantive change last time. Mr. Plummer: No, she said there is no ordinance to amend, right now. It has never been acted on. Mr. Chi: It was never acted? Then, how come we were...? i Mrs. Dougherty: We don't have an ordinance before us at this time. This is simply a discussion item. There is no... 27 October 23, 1986 Mr. Chi: OK, but you can't go into that ordinance and change it, is that correct? Mrs. Dougherty: There is nothing to change. We don't have anything before us now. There is no Amendment before us. Mr. Chi: OK, it is 10100, is the ordinance, and it... Mr. Plummer: Pie doesn't iin.derst.^rid. Mrs. Dougherty: No, we can't do anything today. Mr. Plummer: Sir, the answer is no. Mr.. Dawkins: Any further questions from the Commission? Mr. Bellows: Piny I be heard? Mr. Dawkins: I'll tell you what you can hear, sir. You can be heard on the strength of losing the votes that you have, sir. Mr. Bellows: OK, I don't understand right now. What is the motion on the floor? Mr. Plummer: The motion on the floor is to take into a first reading of an ordinance that is going to be recommended for regulations by the Police Department, the Law Department, and the Administration, and it will come back on November 13th as first reading. Mr. Bellows: OK. Mr. Dawkins: Maybe first and second, it could be an emergency, we don't know. Mr. Bellows: OK, may I use the overhead projector to point out the item on the current ordinance? Mr. Dawkins: No, you will have to do that, sir, at the second reading. We are passing this! This is being passed. Mr. Bellows: Right, but there is a section in there that I am opposing. Mr. Plummer: You can do that at first reading. Mr. Bellows: I am sorry? Mr. Plummer: You can do that at first reading, air. Mrs. Dougherty: There is nothing we can do now. Mr. Plummer: There are two readings. Mr. Chi: Mr. Dawkins: Will this keep us off the street until that time, at the second reading? We have already been off for a full month now. We have got 12 people out of work, as far as I can tell. Is there any way we can get back on the streets? Mr. Dawkins: Now you will have to ask the City Attorney. Ask the City Attorney. Mr. Chi: Madam City Attorney, one thing we are concerned with, is we have been off the streets and our 12 drivers have been out of work for 30 days now, and the study said that we are not a problem as long as we follow the requirements of the ordinance. Mayor Suarez: She knows what the study says. Mr. Chi: OK, is there a way that we can get back on the streets so that we are not out of work, our business is not closed until the second reading of this new ordinance. 28 October 23, 1986 Mrs. Dougherty: There is no first or second reading yet. The first... we Can do it by emergency on November 13th, or whenever you bring it back. Mr. Plummer: Second reading is on the same time. Mrs. Dougherty: But, you have to comply with the ordinance that is in effect at this time. Mr. Chi: OK, very good, thank you very much for your... Mr. Dawkins: Any further questions from the Commission? The following motion was introduced by Mayor Suarez, who moved pits adoption: MOTJO14 140. 86-837 A MOTION ACCEPTING THE POLICE DEPARTMENT'S REPORT ON _ RICKSHAW OPERATIONS IN COCONUT GROVE; FURTHER - DIRECTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE TO REGULATE PROPER NONDISRUPTIVE OPERATION OF RICKSHAWS IN COCONUT GROVE INCORPORATING ALL OF THE RECOMMENDATIO14S STATED BY THE ADMINISTRATION, SAID ORDINANCE TO BE BROUGHT BACK ON NOVE14BER 13, 1986 FOR CONSIDERATIO14 BY THE COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: You will have a complete hearing at the first, which may and up being both a first and a second reading. I would be disposed to do it that way, so you can get yourself back in operation. Mr. Chi: OK, thank you very much. ------------------------------------------------------------------------------ 8. GRANT FUNDING FOR ALLAPATTAH MERCHANTS' ASSOCIATION'S FAIR. ------------------------------------------------------------------------------ Mayor Suarez: Item number three. Mr. Odio: I am passing out a recommendation from the Department on the request from the Allapattah merchant's. According to the letter submitted, this fair is going to be dedicated to the fight against drugs. This event is coordinated by seven different community groups in the Allapattah area. They have requested an amount of $5,000. Mayor Suarez: Are you recommending it, and if so, where would the funds come from? Do you have anything in Economic Development, or...? Mr. Odio: The Department of Parks and Recreation: is not recommending that we give them the grant. It is recommended that at best, we waive the non -labor related fee about... that is park and assembly permits equipment rental and surcharges in the amount of $440, and that is my recommendation.- Mr. Plummer: How much? Mr. Odio: $440. 29 October 23, 1986 Mr. Ralph Packingham: Mr. Mayor, Commissioners, and fellow citizens. My name is Ralph Packingham. I am the chairman of the board of the Allapattah Merchant's Association. I come to speak to you on behalf of the people of Allapattah, represented here by the following community agencies: Per. German Izquierdo, Director of Allapattah Neiphborhood Service Center, Ventro Dade County; 19s. Leticia Ruz, Executive Director of the fllapattah F.M.C.A.; Mr. Barriel, Fresidpnt -,f the A))PV,attah Chamber of Commr-rcr-,; Hr. Podriguez, Chairman of the board of the Allapattah Community Action; Mr. Carlos Brito, Director of the Board of Off -Street. Parking; tor. Orlando Ilrra, Chairman of the Board of A.F.D.A. Ve comp to ask you for help and financial assistance to cover part of tie very high cost bringing about the first annual Allapattah Festival to be held Saturday, November 8, 1986, and we will have as its theme, "Say No to Drugs and Crime" The fair will run from 10:00 a.m. to 10:00 p.m. that Saturday. Continuous music will be provided in the form of live bands and D.J.'s. Among the many attractions that. we will offer to our community of Allapattah are, international. foods, a gourmet. delight., the different foods of our Latin American sister countries; amusement rides and at.t.ractions for the young and the family in general will be provided. Radio and television personalities will be present and in this event. Many will be sharing with us their songs and entertainment. There will be fun booths where people can try their skills and patience, and where winners will receive a bag of groceries. We will have a drunk tank, where members of our community have volunteered to be soaked for that date. We are looking too for extra volunteers and the list is open for anyone. Mayor Suarez: Ralph, let me say something that may cut this short, I don't know, it could always backfire, I suppose. Mr. Packingham: OK. Mayor Suarez: I am going to move the application for the grant monies. Just seeing you up there, is a picture, I think, for all Miamians to see, because you do have an integrated community. Allapattah has always... I think every Commissioner here has made a statement at some point to the effect that Allapattah has been short changed over the years. God knows you need this out there. The amount of money in question is minimal and the least we can do as a City to foster commercial and human interaction out there in Allapattah, is to sponsor this, and I so move. Mrs. Kennedy: I couldn't have said it better. I am delighted to second. Mr. Plummer: Let me ask you, where is the money come from? Is it going to come from the grant of money to Allapattah? We gave them $50,000 for development, and this is obviously development. Mr. Odio: we are not recommending, I have not planned any funds for this. The only other suggestion is if you do vote to give them the money to see if he allows me to get it from the Law Enforcement Trust Fund, since this is against... Mr. Plummer: Well, if it is coming from that fund, I will vote yes. Mr. Odio: Well, I can.., she says that I am sorry for Mayor Suarez: It is related to drug control and drug... Mr. Plummer: Yes, if it is coming from that, I will definitely vote yes. Mr. Odio: Thank you. He said that the Chief will have to certify it. She told me that the Chief will have to certify that it is... Mr. Plummer: Well, OK, I am going to go ahead and vote yes, because there is no question in my mind that this is a perfect example of that money to be used for. Mayor Suarez: I will accept the amendment to my motion, so that it would have to come out of that fund, which means that the Chief has to certify it. Mr. Dawkins: Any discussion? Call the roll. 30 October 23, 1986 The following motion was introduced by Mayor Suarez, who moved its adoptions MOTION NO. 86-838 A MOTION GRANTING REQUEST RECEIVED FROM ALLAPATTAH MERCHANTS' ASSOCIATION Its CONNECTION WITH THE HOLDING OF THE ALLAFATTAH FAIP TO FF HELD NOVEMRER 8, 1986, WITH THE FPOVIcO THAT FITCii FiTNDS PF MADE AVAILABLE FROM THE CITY'S I.AW FrtFOrCF.t�FFT TPLTST FUND. Upon being seconded by Con+nis5icnPr Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner. J. L. Flummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Packingham: Thank you. Mayor Suarez: That sort of limits you a little bit in a sense, but in another sense, it gets you going, so it sounds like you have to do some lobbying with the Chief, if that is allowed. I guess it is. Mr. Packingham: We will work on it, thank you. — ------------------------------------------------------------------------------ 9. GRANT REQUEST FROM THE "MUNICIPIOS FAIR" TO SELL BEER AND WINE AT ROBERT KING HIGH PARK - ADD SAID PARK TO MANAGER'S SALE DISCRETION LIST. ----------------------------------------------------------------------------- Mrs. Kennedy: OK, could I do a pocket item real fast, Mr. Mayor? Mayor Suarez: Everybody is hitting me now. Mrs. Kennedy: This is sort of related. The Municipios is having their annual fair November 9th at the Robert King High Park, and all they need is permission from this Commission to sell beer, and... Mr. Dawkins: We have already had that. Mrs. Kennedy: No, it hasn't come before us. Mayor Suarez: Beer and wine? Mr. Plummer: No, the Manager can do that now administratively. Mayor Suarez: Do you want to make it in the form of a resolution, rather than argue about it? - Mr. Eads: I don't think it is that park. Mrs. Kennedy: Not for this park. It has to come before us, so I move to grant them that provision. Mr. Plummer: Which park? Mr. Dawkins: I second, and in the second, I amend it that we add this one to the rest of the parks so they do not have to come back like this again. Mrs. Kennedy: I accept your amendment. Mayor Suarez: Moved and seconded, with the additional modification for future action not to have to come back to the Commission on this particular park. 31 October 23, 1986 Any further discussion from the Commission? Parks Department is trying to get its act together. Call the roll in the meantime, maybe we will sneak it in. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-839 A RESOLUTION GRANTIIJG THE REQUEST FROM REPRESENTATIVES OF THE "MUNICIPIOS DE CUBA EN EL EXILIO" TO SELL BEER AND WINE AT ROBERT KING HIGH PARK AT THE ANNUAL FAIR OF SAID ORGANIZATIO14 TO BE HELD 14OVEMBER 9, 1986; FURTHER STATING THE INTENT OF T14E CITY COMMISSION THAT ROBERT KING HIGH PARK BE ADDED TO THF., LIST OF PARKS I14 WHICH THE CITY MANAGER CAN AUTHORIZE, AT HIS SOLE DISCRETION, SALE OF ALCOHOLIC BEVERAGES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo —------------------------------------------------------------------------------ 10. IMPLEMENT CITY SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM. ------------------------------------------------------------------------------ Mayor Suarez: Commissioner Dawkins wanted to consider two items from the consent agenda, items 20 and 21, at this point. I have no problem with that. Mrs. Kennedy: No, that is not the consent agenda. Mr. Dawkins: It is not the consent. Mr. Plummer: Where is the $1,000,000 coming from? Mayor Suarez: You right, it is not the consent agenda, sir. Mr. Plummer: Where is the $1,000,000 coming from? Mr. Dawkins: Speak up, don't everybody speak at once. Mr. Jerry Gereaux: The $1,000,000 was allocated out of llth Year Community Development funds for the acquisition of land for future housing reuse. The money is in place at this time. What we asking for is for the Commission to designate that for acquisition for this specific program now. Mr. Plummer: Oh, wait a minute, what locations? Mr. Gereaux: The locations in this item are scattered sites in the neighborhoods of Allapattah, Wynwood, Overtown, which the Commission took up in March. t- Mr. Dawkins: But, does not include Overtown/Park West? Mr. Gereaux: No, it does not. Mr. Dawkins: OK, I want to be sure we know that. _ 32 October 23, 1986 C: 4 Mr. Gereaux: No, this is the western park of Overtown. Mr. Plummer: Miller, let me tell you my concern. My concern is that this Commission iR voting to spend that money without us knowing exactly the parcels that are going to be acquired. Mr. Gereaux: Mr. Commissioner, we... Mayor Suarez: But, if we specify, then we really push up the... Mr. Gereaux: We will be taking the parcels that we intend to acquire back, that is part of the process. You have to approve all acquisitions, and we will be bringing these parcels back for your consideration and approval. Mr. Plummer: Each one of them has to be approved by this Commission? Mr. Gereaux: That is correct. Mr. Plummer: That's fine. Mrs. Kennedy: Great. So moved 207 Mr. Dawkins: Move it. Mr. Plummer: Second. Mayor Suarez: Item 20 moved by Commissioner Kennedy and seconded. Any further discussion from the Commission? Hearing none, call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-840 A RESOLUTION APPROVING IMPLEMENTATION OF A CITY SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM IN THE CITY'S COMMUNITY DEVELOPMENT TARGET AREAS FOR THE PURPOSE OF PRODUCING SINGLE FAMILY HOMES WITHIN THE AFFORDABILITY RANGE OF QUALIFIED LOW AND MODERATE INCOME PURCHASERS; FURTHER AUTHORIZING THE CITY MANAGER TO PROCEED IN SECURING APPRAISALS OF HOMESITES WITH INITIAL EMPHASIS IN THE ALLAPATTAH, WYNWOOD, MODEL CITY AND OVERTOWN TARGET AREAS AND DESIGNATING PREVIOUSLY APPROPRIATED 11TH YEAR COMMUNITY DEVELOPMENT LAND ACQUISITION FUNDS IN THE AMOUNT OF $1,000,000 TO COVER THE COST OF SAID HOMESITE ACQUISITION. (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- 33 October 23, 1986 11. EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE OF SPECIAL OBLIGATION BONDS - SERIES 1986A - $4,290,000. (THESE BONDS TO BE USED TO BUILD SCATTERED HOUSING) Mayor Suarez: Agenda item 21 is a companion. This is an emergency ordinance. Mr. Carlos Carcla: Mr. Mayor end members of the City Commission, on 21, we have a revised item 21 that has all the changes and has the blanks filled in. Mr. Plummer: We have already passed it. Mr. Robert. Clark: No, that was prior to the numbers being filled in. Mr. Plummer: Oye vay! Mr. Odio: They are good numbers, 7.25. Mr. Plummer: For the record, Carlos, will you state the nature of the emergency? Mr. Garcia: Yes, sir. The reason for the emergency is that some of the documents that you have here have final numbers. If we were to pass this on two readings, we would have different numbers. As a matter of fact, on the first reading, you probably will have all blanks. We cannot size up the bond ... until the very last minute, until the time we go to market to find out what the interest rates are. Mayor Suarez: Give us an approximate amount, I mean, you don't want to... Mr. Garcia: OK, the amount of the bonds is $4,290,000, that is what you are voting on today and the net interest rate is 7.25 percent Mr. Plummer: What is... OK, we know that $1,000,000 of that is going to be used on the item above it. Mr. Garcia: No, sir, that is Community Development funds. Mr. Clark: That is a separate appropriation already appropriated. Mr. Plummer: What is this money going to be used for? Mr. Garcia: I think Mr. Bailey can address that question. Mayor Suarez: Hopefully, construction. Mr. Herbert Bailey: Yes, those funds, Commissioner, are to be used by the Department of Housing to build the scattered site housing in the neighborhood on the item that you just approved. Mr. Plummer: Do we have a list of where those monies are going to be spent? Mr. Bailey: Well, it has to come back before the Commission each time we make an application to build a house, just when we have to make an application to use the site. Mrs. Kennedy: Again it will come back to this Commission, correct? Mr. Jerry Gereaux: Yes, that will be part of the... also the site approval process, so where you approve a site, we will explain to you how the financing is going to be used. Mr. Plummer: Don't let me catch a dollar of this money being allocated without Commission approval. Mr. Gereaux: No, of c- arse not. Mrs. Kennedy: Under that condition, I move it. 34 October 23, 1986 Mr. Plummer: Second. Mayor Suarez: So moved and seconded. Any further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION BONDS, SERIES 1986A PROVIDING FOR THE TERMS THEREOF AND CERTAIN MATTERS IN CONNECTION THEREWITH, DECLARING THE ORDINANCE AN EMERGENCY MEASURE; DISPENSING WITH THE READING OF THE ORDINANCE ON TWO SEPARATE DAYS; AND FROVIDING AN FFFFCTIVE DATE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10165. 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. RATIFY ALLOCATION IN SUPPORT OF EFFORT TO SECURE BASKETBALL FRANCHISE FROM N.B.A. Mr. Plummer: Mr. Mayor, can I make us legal on something we did before? (THEREUPON, Commissioner Plummer reads resolution into the public record. SRE HEREINBELOW.) And this also was supposed to include that this was to be tu., last 100 tickets sold to put them over the top. Mr. Odio: They were. Mr. Plummer: OK, I so move. Mayor Suarez: So moved. Mr. Plummer: You recall that we did this before, but this is making it legal. Mr. Dawkins: Second. Mayor Suarez: Yes, I sure did. Seconded, any discussion? Call the roll on that resolution. 35 October 23, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-841 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ALLOCATION OF $9,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FLn?D, JN SUPPORT OF THE EFFORT TO SECURE A FRANCHISE FROM THE INTATIONAL BASKETBALL ASSOCIATION FOR AN EXPANSION FP,OFFSSJONAL BASKETBALL TEAT", TO BE LOCATED IN THE CITY OF MIAMI, SAID ALLOCATIONT BFING PLACED IN ESCROW FOR THE PURCHASE OF I00 RESERVED SFASONT TICKETS FOR THE HOME GAMES OF SUCH TEAL; WITH THE UNDERSTANDING THAT THE TICKETS WILL- BECOME AVAILABLE FOR CITY F.MFLOYEES TO BUY AT THE ORIGINAL PRICE PAID BY THE CITY FOR. SAID TICKETS. (Here follows body of resolution, omitted here and on file in the Office of. the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 13. USE OF THE WORD "MIAMI HEAT" IN NAME OF THE N.B.A. FRANCHISE TEAM. (Later formalized by Res. 86-866.) Mrs.. Kennedy: And Mr. Mayor, while we are on that, I think that the name, Miami Heat, should be used. I mean, South Florida, these funds are paid by the bed tax money used in Miami and Miami Beach. I would like to move to recommend to Mr. Bufman and his crew to consider that name, and include the name, Miami in the... Mr. Dawkins: I couldn't agree more with the Commissioner. Mayor Suarez: Moved and seconded. That is a second, right? Mr. Dawkins: Yes. Mayor Suarez: Mr. City Manager, since you have been so intimately involved in that process and that is the application for a franchise, do you recommend this as a way of... and I know you agree with the concept, as I do, that the team should have the name Miami on it. Do you recommend this as a way to try to influence the people in question? Do you think it might be better to do it in some other way? Mr. Odio: I tried every other way. I think we... Mayor Suarez: The other ways don't work. Mr. Odio: If we send a copy of the resolution to 2ev Bufman, and hope it is not too late, I... Mayor Suarez: I suppose they can always change the name, even after the first uniforms are made and so on. Mr. Dawkins: That is right, of course they cant Mayor Suarez: Any further discussion? Doesn't sound like it is going to change things one way or the other, but maybe it will influence them a little r. bit. Call the roll. 36 October 23, 1986 THEREUPON THE FOREGOING MOTION, DULY introduced by Commissioner Kennedy and seconded by Commissioner Dawkins, was passed and adopted by the following vote: AYES: Commissioner Rosario Kennedy Commissioner J. L. F]ummer, Jr. Vice-Mpa -or f i l l e r J. Dawkins Mayor },a,•ier L. Suarez NOES: None ABSENT: Commissioner Joe Carollo (LATER FORMALI7..FD 714TO RESOLUTION NO. 86-866) ------------------------------------------------ ---------- -------------------- 14. ACCEPT CITY AUDIT REGARDING CASINO ESFANOL. Mayor Suarez: Item 4, Casino Espanol. Seems like we have seen you before. Mr. Odio: We did have an exit interview, and the backup information includes both audit reports prior to exit interview and reports after the exit interview. Sujan, if you want to explain to the Commission the difference. Mr. Sujan Chhabra: I would like to answer the questions here, sir. Any questions here? Mayor Suarez: I haven't had any questions from this for many months, but maybe the other Commissioners do. Mr. Dawkins: Did they submit the information you asked for? Mr. Chhabra: Yes, sir, they dial. Mr. Dawkins: Move it. Mr. Odio: There is actually nothing to move, except... Mr. Dawkins: There must be something to move. They have not billed, and we don't have a permit. There has got to be something wrong. Mayor Suarez: Well, you got a lease, right? Mr. Dawkins: We must have to do something! Mayor Suarez: The lease is signed, right? Do we move to accept the audit? Mr. Odio: Actually, this was a request by Commissioner Carollo, and he is not here, we would have to ask ... Mayor Suare- Commissioner, this is your request for an audit. Do you have any questions? No one else has any, Commissioner Carollo. Apparently, there is nothing to move, either. Mrs. Kennedy: What are we doing, accepting their audit? Mr. Odio: No, this... Rosario... Mr. Dawkins: Commissioner Carollo asked for some information, and now, we... I understand. Mr. Carollo: I don't really see any sense in discussing this issue any further. From day one this tract was reserved for this group. It doesn't really make any sense, as I see it now, or does it really matter, it is not worth it to anyone trying to do what is right for this City, so let the show go onl 37 October 23, 1986 Mrs. Kennedy: Mr. Dawkins: I moved it. He said he has got no further questions. Mayor Suarez: Move acceptance of the audit, is that what you said# Commissioner? Mr. Dawkins: Yes. Mayor Suarez: Do we have a second? Mr. Plummer: OK, I am sorry. I was out of the room, I did not hear his comments, and I wanted to. What is the motion on the floor? Mayor Suarez: To accept the audit. Mr. Plummer: Accept. the audit, of course. I have no with the audit. Mayor Suarez: Moved and seconded. Doesn't seem to be any other action that is required of this Commission that anybody can figure out at this point? Mr. Plummer: Well, Mr. Mayor, let's put on the record, just so that... Mayor Suarez: Commissioner Plummer. Mr. Plummer:... you know, C.Y.A. Mr. Manager, through you, to the person who did the audit, I am assuming for the record, that you received any and all documents that you so requested from this organization, is that correct? Mr. Odio: Did you receive all the records? Mr. Chhabra: Yes, sir. Mr. Odio: Yes, sir. We had an exit conference with them and everything was... Mr. Plummer: The last time this matter was before us, there was an accusation... not an accusation, there was a statement made that certain documents had not been forwarded. Mr. Chhabra: We already received those. Mr. Plummer: You are now telling me for the record, you have received all of the documents. Mr. Chhabra: All those bank statements what we are talking about. Mr. Plummer: All right, my next question is sir, in your professional capacity, doing that audit, did you find anything in there of an impropriety that should bother, or be of concern to this Commission. Mr. Chhabra: The revenues were $163,526. Mr. Plummer: Excuse me? Mr. Chhabra: The revenues... Mr. Plummer: Yes. Is there anything in that audit that you feel that this Commission should concern itself about? Mr. Chhabra: I don't think so, sir. Mr. Plummer: All right, thank you. Mayor Suarez: There is a motion and a second. Any further discussion? Mr. Hirai: I have a move for Commissioner Dawkins and who seconds, Mr. Mayor? Mr. Plummer: To accept the audit? I second the motion. Mayor Suarez: Moved and second, any further discussion? Hearing none, please call the roll. 38 October 23, 1986 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-843 A MOTION ACCEPTING THE, CITY AUDIT RECENTLY CONDUCTED IN CONNECTION WITH CASINO FSPANOL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Ni1Jrr J. Dawkins Mayor Xavier L. Sutrez NOES Commissioner Joe Carollo Commissioner Rosario Kennedy ABSENT: None. ON ROLL CALL: Mr. Carollo: I vote no, because I don't believe it is accurate. Mrs. Kennedy: I will say what I have always said since the beginning, giving this precious and valuable piece of property to Casino Espanol is not in the best interest of the City, and therefore, I vote no. Mr. Plummer: May I ask now for the record, Mr. Manager, sir, you have on this agenda, the revocation of the option being held by the Miami Barge? At the time of the initial request of the Casino Espanol, there was a discussion at that time that possibly the City would want Casino Espanol to take that parcel, if it became available, or not take that parcel. I am asking only for the record, since these people are here. What is your opinion, if any, that you wish to express at this time? Or, do you want to think about it and come back later, because they are going to be filing applications for permits. Mr. Carollo: Let me tell you how I feel. I think that piece of property, if indeed the arguments that the Administration has given are accurate, should be kept by the City of Miami, and not be given away. Mr. Plummer: OK, but Joe, I wasn't speaking of giving it away, but swapping the location designated for Casino Espanol, swapping that for the option of the Miami Barge, which we are going to, I assume, vote to take away today. They have had it three years and have not done a thing with it, so all I am asking is, not to give away another parcel. Was it more advantageous to the City to have them have one or the other, that's all I asking. Mr. Odio: Commissioner, if I may, there might be a legal question here, and I would like to ask the City Attorney, because I don't believe you would have to go for another R.F.P. on that property before you can give that. Mr. Plummer: Then that is your answer. Thank you. Mr. Odio: You are welcome. Mr. Plummer: OK. F M 39 October 23, 1986 -------------------- ---------------------------------------------- ---- 15. POSTPONE RECONSIDERATION OF POST OFFICE PROJECT. ---------------------------------------------------------------------------- Mayor Suarez: Agenda item five, Post Office Plaza. Is this all for discussion at your request, Commissioner Carollo7 _+ Mr. Carollo: That's correct. It is clear. Mayor Sucre.:: You want to hear from the applicant, the prior applicant, or what are we going to...? Mr. Robert N. Traurig: Actually, I didn't specifically request it, but I would like to comment on it, if... Mayor Suarez: I don't remember seeing you on this the last time around! Mr. Traurig: No, I was not involved at that time, but I do want, on behalf of those applicants to make a statement if the Commission would hear it. Mayor Suarez: This is Commissioner Carollo's item. I presume that is what he wants. Please proceed. Mr. Traurig: I really thought that. perhaps Commissioner Carollo wanted to make a comment, and then I would follow. Mr. Carollo: I think the comment is clear, based on what is being requested. The question is, will the Commission reconsider this whole item again? Mayor Suarez: OK. Mr. Traurig: Mr. Mayor and members of the Commission, my name is Robert H. Traurig. I am an attorney with offices at 1401 Brickell Avenue, and I am representing those applicants, and particularly Mr. Ronald Fine. You will recall that this matter was presented to you on January 23rd and at that initial presentation, the Commission denied the application three to two. Voting in favor of the application at that time were Commissioners Plummer and Carollo. Those who voted against it made various comments. You, Mayor Suarez, indicated that you were concerned about the light plane and the parking structure. Commissioner Kennedy indicated that although the height was within the code, it should be reduced in order to avoid the light plane variance. Commissioner Dawkins indicated that although he was generally in favor, he was going to vote against it, since he had appointed a task force to review the plan and to report to him on their reaction to it, and that they had recommended denial and he was going to follow their recommendations. But, generally, the comments regarding the plan were favorable. The Commission liked the plan, but indicated that if the applicant would reduce the size of the project, that it should then be brought back to the Commission for further consideration. Changes were made in the Plan to reduce its intensity, and to comply with the comments of the Commissioners concerning the light plane. They removed one floor, they eliminated the light plane variance. They added a sixth loading bay, and they urged that it be back on the agenda at the earliest possible time. It was placed on an agenda in February and then withdrawn. It was placed on an agenda in March and then withdrawn, and we believe that it ought to be reconsidered in view of the fact that the architectural changes and the reduction of intensity have now mitigated the issues that were present at that time, and although this is not a formal public hearing in which neighbors can make comments, we asked for the opportunity through a public notice and a new hearing, to have another opportunity to present it to you with the revised plan. We urge that, notwithstanding the fact that there is another item on this agenda which would limit the time within which there can be reconsideration by this Commission, that this predates all current considerations, and that it ought to, in fairness be revisited by the Commission in view of the diligence with which the applicant did make the changes in the plan, and ask for a rehearing on it. That, basically is the positior. of the applicant at this time, Mr. Mayor. Mayor Suarez: You know, there has been a... I guess you know this better the anyone else, there has been a sort of ambiguity in the coda as to whether wo can consider this so many months after the initial consideration and denial, 40 October 23, 1986 even if one of the people who voted against it wanted to have it reconsidered. That is exactly what we are trying to clarify by passing a new ordinance, which you have just stated is on the agenda for today. I wasn't even aware of that. Mr. Flummer: Well., I think there is another consideration, Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Flummer: I think we have to consider that at the last meeting we had here appear a group of people that live on Florida Avenue, asking for consideration, that their street be re -studied, because in fact, their street wasn't a real residential, as it had been in the past, and this Commission, as I recall, turned to the Flanning Department and said, study the street. (INAUDIBLE BACKGFOU14D C07,1MENTS) Mr. Plummer: Is that... we did not? (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Well, what was the action of this... Sergio, come up... what was the action of this Commission and their request? Mayor Suarez: We were going to study the question of having a study, I think. Mr. Rodriguez: No action. Mr. Plummer: No, action? Well, I guess the point I am trying to make is, that the people who lived on Florida Avenue were the most vocal, and they were the most outspoken of the objectors, and those people now are coming in before this Commission as a group of themselves, making a recognition that this street is not what it was the years ago that they bought it. Mr. John Green: Some of the people who live on Florida Avenue. Mr. Plummer: Excuse me? Mr. Green: Some of the people who live on Florida Avenue. Mr. Plummer: All right sir, well, OK, some, and based on that, I am wondering if we really don't need to get that study done, if it is the feeling of this Commission. Mayor Suarez: Was that the basic thrust, you think, of that presentation that was made by the citizens, that they would be happy with this particular zone? Mr. Plummer: No, I don't think it was. I think, as you know, they showed us a video tape of the amount of traffic on the street. You know, I think it was a recognition on their behalf, that that street, as close it is to commercial, is not a pleasant, little quiet, bedroom type of street, single family, and I thought we had told the Department to study it and come back to usl Was their an objection to the study being done? Mr. Dawkins: Well, what we said, Commissioner, was that if everybody came in _ and wanted their street studied, we would never get though studying, and since that... Mr. Plummer: All of them, or a majority? Mr. Dawkins: No, and we said that if everybody, every street came in and wanted to be studied, we could never get finished. Mr. Plummer: OK, you are right, I remember now. — Mrs. Kennedy: Right, I remember. Mr. Plummer: OK. Here again, I just brought that up, because it was interjected at the last meeting, so what you are saying... I guess really, I will shut up, because I was not on the prevailing side of the original vote, so I will be quiet. Let's listen to the wisdom of the others. Well, my understanding is, one of the three of the prevailing side, which wait... has ?' got to make a motion, or that is it. F: kl October 23, 1986 { Mr. Dougherty: No prevailing side requirement in Masons Mr. Plummer: Oh, OK. Mrs. Kennedy: Who put this item on the agendal - Mr. Carollo: T put the item on the agenda for discussion. Now, what is the City Attorney, feels that this Commission can do or not do? Mrs. Dougherty: Commissioner Carollc, unlike Dade County and many other municipalities, which have some sort of regulations similar to the one that you have on your agenda for first reeding today, that is you may not consider an item past a certain date, like one Commission Mc eting or two Commission Meetings after the one it was denied or appro-,red. We don't have such a regulation in our Code or our Zoning Ordinance and, therefore, it is our opinion that you can reconsider an item even as late as today from the time that it was denied. But, thatputs you back in the exact same situation you were in when you denied it before you denied it. The only thing is you have to set it for a future date and a future public hearing for the substantive part of the ordinance. So the only thing before you today is whether or not you want to consider it at a future time. Mr. Plummer: Would you be considering at the future time the actual application or whether or not to hear it? Mrs. Dougherty: You'd be considering the actual application. Mayor Suarez: And that could be, just to see if I understand all this, that could be either, for example, November or December or January and if it were January we'd be right up against the year. Mrs. Dougherty: That's correct. Mayor Suarez: ...restriction that the Code calls for. I really don't know why not wait the extra two months. How does the Commission want to handle this, do you want to hear from any of the groups that previously objected? Mr. Robert Traurig: Mr. Mayor, we're merely asking you, you know, to reschedule it so that those groups can appear and oppose if in their wisdom it ought to be opposed but so that you can give an objective review of the changes that have been made since the original presentation. Mayor Suarez: We're sort of caught in a bind here because I know that the Planning Director does not want to give an opinion on this in view of changes until the full year has elapsed because he sort of, he likes the procedural safeguard of waiting a year. Where is he, by the way, is he hiding back there behind the projector? Are you ready, sir, to give us any different recommendation if this matter were heard in the next month than you did last time around? INAUDIBLE RESPONSE Mayor Suarez: Yes, for once, I'm inclined to follow your recommendation, Sergio. Mr. Plummer: For once. Mr. Rodriguez: That's refreshing. We actually don't have in front of us any application at this time. Mr. Plummer: Well, I guess the real question has to be asked is have you seen the so-called substantive changes that they have made? Do you feel that there is a basis for rehearing? Because if there are no substantive changes made then there is no basis. Mr. Rodriguez: I think a determination has to be made by each one of you individually because it is a reconsideration of your vote. Mr. Plummer: We've not seen them. Mr. Rodriguez: Well, then I think you should see it maybe individually. 42 October 23, 1986 Mrs. Kennedy: I have, I still would like your opinion. Mayor Suarez: Same here. Mr. Rodriguez: My opinion is that they have changed from what they proposed _ originally. r Mayor Suarez: And that now you might be disposed to favor it, is that what you're saying? Mr. Rodriguez: No, I'm not saying that, I'm saying that they have changed so if you want to know whether there has been a change in the proposal yes, there has been a change. Mr. Plummer: Is it a substantive change? Mr. Rodriguez: There is a substantive change as to the area to the size of the building. The issue of whether we should have a special exception to have parking in the bacP is the same issue as we had before; but yes, there has been a change, there has been a reduction of the building, there has been a reduction of the setback, there has been some changes on the areas of the angles, and so on, but there have been changes, definitely, yes. Mr. Carollo: I think he has answered it as best he can. How can he recommend for or Against something when he really hasn't had the opportunity to really go over it carefully. All that he can tell you is what he has, that there has been, you know, changes. Mayor Suarez: Do you want to go ahead and make a statement? Mr. John Green: My name is John Green, I live at 3158 Florida Avenue, and frankly, I don't want to make a statement, but I am forced to. Mayor Suarez: You don't? Mr. Green: I don't want to, but I am forced to. Just on what has been said, if there have been substantive changes, then it is a different project, and it should go through the procedure that is prescribed in the zoning ordinance. The zoning ordinance does prescribe certain procedures. Mayor Suarez: Does it make a lot of difference to you that the only substantive difference that I see is that we might have to wait until January to reconsider. Mr. Green: Well, I've seen the changes. I've seen artist's renderings, I've not seen architectural drawings, I don't know if any exist. Mayor Suarez: Well, you may not be satisfied with the changes, but I mean is... Mr. Green: I am not satisfied with what I believe them to be, but until I see architectural drawings, I, myself, would not make any comment other than that. When Mr. Fine came to me in the first place... Mr. Plummer: I think what the Mayor is asking you, legally he can come back without this Commission's approval in January, and it is pretty obvious, the intent is that they are. Does it make any difference to you now, if it were to be heard in November, at which time they would have to give the architectural drawings and all of that. In other words, it is two months... i Mayor Suarez: They are holding on to a project, they have debt service, you know... they have certain expenses for holding on to it and so on, you know, they would like to get their project moving, and if they have in fact made changes, and if those changes happen to be substantive enough to get a different recommendation from citizen groups and from the Planning Director, who in this case, I tend to agree with. 1 Mr. Green: He has already discussed it with the three different civic ?, associations in Coconut Grove, and he also had a dinner at the new Orange Bowl room, where he showed his artist's renderings, which are quite beautiful, by the wayl The White House is beautiful. It doesn't belong behind my house, r though. I wouldn't want it there! 43 October 23, 1986 Mayor Suarez: But, what objections do you have, other than a purely procedural., technical objection to our hearing this in November, as opposed to January? You can't have any objections to our hearing it eventually. Eventually, we... Mr. Green: FFcFuse I believe that if he wants to reapply, he should reapply under 4.hF riflFs, which would make it go through several processes before it got back to the Commission again. Mayor Suarez.: Is that. the cpFF, supposing that we were requiring it to come back at the end of the full one year, they would have to go through a whole bunch of procedural steps before it got to the Commission? Mr. Green: He would hSve to reapply. Mayor Suarez: Such as... Mr. Green: Have to go through the Zoning Board. Mayor Suarez: We. can't waive those7 ... having hear this item one time, having made certain objections, having presumably... Mr. Green: it. is different. It is a new project. (INAUDIBLE BACKGROUND COMMENT) Mr. Green: And it would also cost him about $20,000. Mayor Suarez: But, you are telling me what I know already. Is there no way for this Commission in that circumstance, because it wants to move on something, that it has already heard plenty of times, to waive all of that and have it brought to the Commission directly? Mr. Green: You can ask that to a legal counsel. Mayor Suarez: Madam City Attorney? Mrs. Kennedy: I just want to say that since it is a new project... Mayor Suarez: It is a new ball game, I know, but can a new ball game be... can you waive the rules so that you end up considering it in January, as opposed to whenever... Mr. Dawkins: Winding up in jail. Mayor Suarez: Without ending up in jail. Commissioner Dawkins, thank you for the caveat there. Mr. Green: May I read a letter that... Mayor Suarez: Wait, wait, let me just get a legal opinion on that, because if we are arguing about two months, it just doesn't seem like it is worth the argument, really. Mrs. Dougherty: Would you explain the question again? Mayor Suarez: Supposing we wanted to reconsider this, I don't know if we want to call it reconsider... consider the application for the changes and the variances and the exceptions and so on, that this project entails, in January, once the year is up, could we do it right in one fell swoop at the Commission level, can we waive all the other procedural steps in view of the fact that we have seen a very similar project? Mrs. Dougherty: No, what we are doing is, there are two different procedural methods. Night now, he is proposing, or advocating a reconsideration of that exact application, which is diminished by variances. OK, so it is a lesser application of it before, and modifications in that respect. The other one, the year application, which would require him to go through the entire process again. Mayor Suarez: And that might mean another few months. 44 October 23, 1986 Mr. Treurig: Yes, and that would probably get here in April, after A $90,000 additional filing fee, perhaps. Mayor Suarez: Well, the filing fee is a factor, too. Mr. TrFvrig. Well, it wasn't a factor when we first asked for the reconsideration. It. is obviously beneficial to the applicant not to have to pay an entirely neu> filing. fee for review of plans that have previously been reviei---ed, and for notices, yc.a know, to the same people who already have notices. Mr. Green: U?ell, we also 1}ave Expenses too, that we can't afford - and we have to have time to come up with our arguments too. You know, they have got millions, we have got. just. hundreds to fight our cause, and I... Mayor Suarez: Well, but the time thing can be resolved by a compromise, where we don't set it for November, but set it for December, or whatever, January even. (INAUDIBLE BACKGROUND COMMENT) Mayor. Suarez: What was that? I missed that, John. Mr. Green: Merry Christmas. Mayor Suarez: Merry Christmas. Mr. Plummer: Jingle Bellsl Mayor Suarez: You don't work around Christmas time on these zoning cases, huh? Mr. Green: I don't want to. Mayor Suarez: Get the mike a little closer to you and give us your name and 1L address. Mrs. Grady Dinkins: I'm Grady Dinkins, and I live at 3201 Florida Avenue, and I have gone to all of the reviewing sessions that Mr. Fine had. I am representing my organization, Homeowner's and Tenant's Association, and we had him, and I went down to Columbus Hotel, and had and of course, we couldn't see the changes. We just heard what he said, and I don't believe that he has made any changes on it. He said he took off one floor off that building. Mayor Suarez: The parking? Mrs. Dinkins: No, the building. Mayor Suarez: Oh, the building. Mrs. Dinkins: The parking is the same, and now... Mayor Suarez: The parking is the same? The same number of stories in the parking lot?... the parking structure? Mrs. Dinkins: Sure, that is right. Sure, he hasn't changed it. Mayor Suarez: After the Planning Department recommended going from four, I think, to one underground and one above ground? Mrs. Dinkins: He didn't say that in his presentation at all. Mayor Suarez: Four stories still. Mrs. Dinkins: It is the same thing that he had before, and I feel that he should not be given special treatment by this Commission. He is no different from any of us. Mayor Suarez: That is only special treatment in the procedural sense, no in a substantive sense. 45 October 23, 1986 Mrs. Dinkins: We have been down here, this is our third time now, and we have to get off our jobs end come down here and just because Mr. Fine wants it to be reconsidered, but ,you said that it was not acceptable, and you denied it, and I think that he has a right to wait until his time comes again, regardless of how much money he has spent. The City needs that money anyway, so, lethim pay i.t. Mayor Suarez: From what I have heard, and if what you say is correct, I still am going to vote against it, but that doesn't solve the problem that we here on, and I will entertain a motion from this Commission as to when it wants to have the item heard on a reconsideration basis, or not. Mr.. Plummer: Well, I will give you my opinion. My opinion is, I have not seen the changes. I think I have the right, as well as other members, to see the changes that they are proffering, and I'd like to give them that opportunity, and at, the next meeting I will be prepared to vote that. I think there is a substantive change, or there is not, but at this meeting, without seeing the substantive changes, or the changes that they are talking about, I am not prepared to vote. I'd make a motion that this matter be deferred over to the next Commission meeting of November 13th. Mr. Dawkins: There is no substantive changes, as he said, this was denied and this was brought back to get three votes in order to see if it could be reconsidered, so that is the i.ssue, so let's don't cloud the issue. Those of us who are going to vote that Mr. Fine be allowed to bring his project back for reconsideration, that is the issue( Mr. Plummer: I understand the issue, but I am not going to vote to reconsider, my colleague, without knowing, what in fact, are the so-called substantive issues. I might not find it that way, and I would vote against the reconsideration, OK?... if there are major changes. As you know, I voted for the original. Now, if... Mayor Suarez: There is a motion to defer the reconsideration, then, at this point. Mr. Plummer: Until the next meeting, and assuming they come and show me what the substantive changes are. I might agree or disagree, but at this point, I don't know what they are. Mr. Carollo: Second. Mayor Suarez: It is seconded, Commissioner Carollo. It gives us a little additional time, all of us, and I suppose it doesn't solve the final problem. It doesn't even begin to solve it, but at least it gives everyone more time to do their battling. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-844 A MOTION POSTPONING RECONSIDERATION OF THE POST OFFICE PLAZA PROJECT; FURTHER DIRECTING THE CITY MANAGER TO RESCHEDULE THIS ISSUE FOR THE NEXT COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 13, 1986. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: None Mayor Suarez: That is to a specific date, I guess, huh? It doesn't have to be. 46 October 23, 1986 Mr. Plummer: The 13th. Mr. Dawkins: J.L. said the next meeting. Mayor Suarez: He gave a date. The very next Commission meeting, of the next Planning and Zoning7 Mr. Plummer: No, sir, the next Commission meeting. Mr. Dawkins: The next Commission meeting. ------------------------------------- ---------- ------------------------------- 16. ALLOW FIREWORKS DISPLAY AT FLAGLER DOG TRACK (INTERNATIONAL CLASSIC) ---------- ----------------- ---------- ----------------------------------------- Mr. Plummer: Mr. Mayor, could I bring up this item? It is a timed item. Mayor Suarez: Certainly. Mr. Plummer: Flegler Dog Track has asked for the waiver of a fireworks display with their international classic. As you know, our ordinance only allows it up to 10:00 p.m. They are asking for 11:30 p.m., which is basically before the midnight, which we had set. I so move that they be granted that permission. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on that motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-845 A RESOLUTION RELAXING THE TIME LIMITATION ON FIREWORKS DISPLAYS EXTENDING THE TIME FOR SUCH DISPLAY UNTIL 11:30 P.M. ON OCTOBER 25, 1986 AT THE FLAGLER DOG TRACK, NORTHWEST 7TH STREET AND 37TH AVENUE, IN CONNECTION WITH THE INTERNATIONAL CLASSIC EVENT HELD AT SAID LOCATION. (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 J. L. Plummer, Jr. Commissioner Rosario Kennedy - Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 47 October 23, 1986 w 17. FUND BETHUNE COOKMAN ORANGE BOWL COLLEGE FOOTBALL GAME. Mayor Suarez: Item 6. Proceed. Nome and address, and if you are compensated for your appearance here today, which I gather you are not, I suspect your not, then you don't need to file any registration forms with the City. Mr. Robert Edwards: 1'y name is Robert rdwards, I live at 17241 N.W. 9th Place, Miami, Florida, and 1 Frr representing the Bethune Cookman College Alumni Association, on behalf of the football game. Mr. Carollo: If I may, what 1 requested for this item to be brought up, and what I'd like to propose t.o the Commission that we give them either eight percent, or $8,000, whichever is greater, and that we also buy some tickets, maybe 500 tickets to be given away. Mr. Plummer: Does the $8,000 guarantee cover the expenses? Mr. Edwards: 11o, it doesn't. Mr. Walter Golby: 11o, it does not. Mr. Plummer: How much are the expenses? Mr. Golby: Total expenses for the Orange Bowl is at $17,000. Mr. Plummer: What is the chances of the eight percent getting to that figure? Mayor Suarez: What attendance would they need to have, if you have calculated that, Walter? Mr. Golby: 25,000. Mr. Plummer: How much attendance did they have for the Orange Blossom? Mr. Golby: 17,600. Mr. Carollo: Well, I am willing to go with a higher figure if my colleagues so desire. Mayor Suarez: I really think we have to figure out ways to encourage use of the Orange Bowl, aside from every other consideration. Mr. Plummer: Well, we are working on that, but... Mr. Odio: Yes, sir, we have another item on the agenda, but... Mayor Suarez: We have lost some money in the past with some of your other _ items on the agenda relating to the use of the Orange Bowl, Mr. City Manager, including the Winter Games that we never got a final report on, and... Mr. Odio: Yes, we lost money on the Winter Games, but not in the Orange Bowl. Mr. Dawkins: Well, I have to second Commissioner Carollo, as much as I don't want to give away any money, but we did the same thing for the University of Miami, the same thing that Commissioner Carollo is suggesting that you be fair with, with somebody else, you did it with the University of Miami! Mr. Plummer: Call the roll. Mayor Suarez: Moved and seconded. Any discussion from the Commission? Call the roll. 5 T;. Mr. Carollo: The motion is eight percent, or $8,000, whichever is greater, i and that we buy 500 tickets. Mayor Suarez: What is the cost of that, 500 tickets? t Mr. Odio: I don't know what the price is. 48 October 23, 1986 Mr. Williams: That is at $12 per ticket. Mayor Suarez: $6,000. There goes our $8,000. Mr. Dawkins: Well, wAit now, since Commissioner Carollo and I, I think we can get together. We said that, we were going to fund festivals to the tune of $50,000, is t.h:.t. correct? l am talking to my Commissioners. Mr. Plummer: Totally? Total two hundred. Mr. Dawkins: Yes. but: $50,000 each, right? Mr. Plummer: Right. Mr. Dawkins: So we just gave $35,000, to ... Mr. Carollo: Up to $50,000 for each one. Mr. Dawkins: Yes, $50,000 for each, OK. So, we gave $35,000 to... Mr. Plummer: To Classic. Mr. Dawkins: To Orange Blossom Classic. Would anybody be in favor, since there is $15,000 shortfall, then award the $15,000 to Bethune-Cookman, or do we... Mr. Plummer: Sure, why not. Mr. Dawkins: Or do you just want to leave it? Mr. Plummer: That's fine. Mrs. Kennedy: Fine with me. Mr. Plummer: That will do it. Mr. Dawkins: OK, make a motion, Joe. Mr. Carollo: The motion is that we award $15,000. Mayor Suarez: Now, how does the package look? That is going to be part of the money used to purchase tickets, I presume, right? Mr. Dawkins: That is the total package. Mayor Suarez: And that includes, then the expected loss from the use of the facility that day, is that what you are saying? Mr. Carollo: Well, it is... Mr. Golby: And there will be a loss on that basis. Mayor Suarez: You are saying it is the nine plus the six, right? Mr. Plummer: Well, wait a minute, you are talking about $15,000 plus $8,000. Mr. Carollo: No, just $15,000 across the board. Mayor Suarez: I think that makes it $9,000 that we might lose on it, plus the $6,000 for purchasing the tickets, constitutes $15,000. Mr. Dawkins: How are we going to lose? Mayor Suarez: If it cost us $17,000, and they only produce $9,000, or whatever the figure was... $8,000. Mr. Dawkins: But, we are giving them $15,000, so they only have to come up with $2,000. Mr. Golby: No, you figure that the tickets, they would only get seven percent of the gross sale of the tickets. 49 October 23, 1986 Mr. Dawkins: Yes, right. Mr. Plummer: That is not the point. What he is saying is, if you give them $15,000, OK, you take $6,000 from that of the tickets, it leaves $9,000. If you have got 59,000, we address that to the rent. That is what he is saying. Mr. Golby: Thr 59,000, we have not figured any rent in this particular $17,000 figure. Mr. Flummer: Put., the original motion contained $8,000, or eight percent, so you are not at loss at all, you are exactly even. You have got $15,000 plus $8,000 is $23,000. You have got $6,000 for tickets. You have got $17,000 for rental, isn't that what you said? Mr. Golby: Kight. Mr. Plummer: All right, $17,000 for rental and $6,000 is $23,000! Balance a negative. Mayor Suarez: But, $17,000, if they guarantee $8,000 means $9,000 net loss to the City, plus $6,000 for tickets equals S15,000, which I believe is what the _ motion means, right? Mr. Plummer: Exactly, that is where the $15,000 is coming from, it is a washl Mayor Suarez: All right, that is understood. It is not a $15,000 grant in addition to the waiver., and the tickets. Mr. Carollo: It is a total of $15,000. Mayor Suarez: All right, call the roll on the motion as understood. Mr. Carollo: Which is almost about the same as we were offering before, the eight percent, or $8,000, and $6,000 for the tickets. Mayor Suarez: $9,000 plus $6,000 is $15,000, great. Mr. Dawkins: They don't have to go find the money now. They have already got the moneyl The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-846 A RESOLUTION ALLOCATING A TOTAL AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND IN SUPPORT OF THE BETHUNE COOKMAN ORANGE BOWL COLLEGE FOOTBALL GAME TO BE HELD NOVEMBER 8, 1986 IN THE CITY OF MIAMI ORANGE BOWL STADIUM TO COVER PARTIAL COSTS FOR CITY IN -KIND SERVICES AND STADIUM EXPENSES RELATED TO SAID EVENT IN THE AMOUNT OF $9,000 AND FOR THE PURCHASE OF TICKETS IN THE AMOUNT OF $6,000, PROVIDING THAT THE CITY BE NAMED COSPONSOR OF THE EVENT; FURTHER 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.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Higher mathematics! Thank you for your presentation. Mr. Edwards: Thank you very much. -------------------------------------------------------------------------------- 18. ORANGE BOWIE COMMITTEE APPOINTMENT (APPOINT JIM ARMSTRONG TO REPLACE ERNIE SILER) Mr. Plummer: Mr. Mayor, while we are on the Orange Bowl. Mr. Mayor, let me put on the record... as you know, I head up this committee of which I am calling a meeting this coming week. It had been brought to my attention that it was the mandate of this Commission that one member of that committee had to be from the Orange Bowl Committee. Mayor Suarez: I remember that. Mr. Plummer: All right, I called Mr. Stan Marks and asked him to recommend a member, which he did, which is Mr. Jim Armstrong, who I'm going to appoint, because mine, Ernie Siler, is not physically able to do it. Now, the point that I want to put on the record, you appointed Mr. Jose Garcia Pedrosa. They are both of the same law firm. Mayor Suarez: Oh! Mrs. Dougherty: No, they aren't. Mr. Plummer: They are not? Mayor Suarez: Does that create a problem? Mr. Plummer: I don't know that it will. I am just putting it on the record. Mrs. Dougherty: Jim Armstrong is with Smathers and Thompson, and Jose is with Finley Kumble, as far as I know. Mayor Suarez: Yes, Jose is with Finley Kumble. Mr. Plummer: So they are not of the same law firm? Mrs. Dougherty: No. Mr. Plummer: Thank you. 51 October 23, 1986 ---------- ---------------------------------------------------------- 19. DEMOLISH UNSAFE STRUCTURES THROUGHOUT CITY. ------------------------------------------------------------------------------ Mayor Suarez: Item 6.1. Mrs. Kennedy: tor. Mayor, I have a video tape that I would like to show all of you. This is an abandoned house located at 1401 N.W. 45th Street. I personally went. to see the house, and it is indeed in a terrible condition. It invites drug addicts and derelicts and they use it as an overnight shelter. It is located near an elementary school, so it is very, very dangerous for small children. The surrounding houses on the other side are very neatly kept, and the neighbors take great pride in their houses, so I really believe it is our duty to help the neighbors who keep their houses that way, and I would like at this point., to show the video tape. See, that is the house, right there. Mr. Plummer: Where is the structure? Mrs. Kennedy: What? Mr. Plummer: Where is the structure? Mrs. Kennedy: Hold on a second, it is on your right, coming now. See? It is full of rats, the roof is falling. Mr. Odio: It looks like a crack house. Mr. Plummer: That house is full of cracks! Mr. Dawkins: Can't sell those cracks. Mr. Plummer: If that doesn't say paid political announcement at the end...! Mrs. Kennedy: OK, so, Mr. Manager? Mr. Plummer: Who is the owner? Mr. Pierce: The owner is L. C. Stafford. Mr. Plummer: Was he invited to this party? Mr. Pierce: No, we didn't have to invite him. He has already been invited to a couple of parties before, specifically, on August 12th, the Dade County Unsafe Structures Board ordered that the owner be given 15 days to demolish and remove all debris from the premises, or the City of Miami would demolish it. Mr. Plummer: So, what are you waiting for? Mr. Pierce: Money, we just got it, on this particular... Mr. Odio: We have got the money. Mr. Pierce: On this particular one, we did. We got the money, it is now in the process of a bid being awarded. Within a matter of weeks now, we hope to have this one down and gone. Mr. Carollo: If I may, Commissioner Kennedy, Commissioner Plummer, I went to one of these structures myself, at 4621 N.W. 15th Court and witnessed similarities to what we have seen here, and ... location that Commissioner Kennedy went to, but I'd like to propose the following, that I would like to request and recommend that the City Commission adopt an ordinance that would establish a new trust account to be entitled," Unsafe and Blighted Structure Demolition Trust Fund," and allocate a total of $500,000 in funding, and said funds are to be used exclusively for the purpose of demolishing unsafe and blighted structures City -Wide. Staff could establish such an ordinance. Mr. Plummer: Well, of course, hey, I am in favor of what you are proposing, Joe, but where is the money going to come from? I guess it is a good 52 October 23, 1986 question, where are we going to get the $500,0001 If we got the money, that is fine, I think it is money well spent. Mayor Suarez: How much does it costto demolish that one structure that we just sav, and where does thRt money come from all of a sudden? Mr. Fierce: This money ceme from Community Development. There had been some... Mayor Suarez: Hoy* much is it, Wpi tr-r, more or less? Mrs. Dougherty: It could be a revolving fund, because if we have to post liens... Mr. Plummer: Now, do we get to put a lien on that property? Mr. Pierce: Absolutely. Mrs. Dougherty: The answer is yes. Mr. Plummer: So in other words, that property can never be sold until the lien is satisfied? Mr. Pierce: Right. Mr. Plummer: So we are going to get our money back. Mrs. Dougherty: That is right. Mr. Pierce: Yes. Mrs. Dougherty: And if you permit us to foreclose, you can get it sooner. Mr. Plummer: OK. Mayor Suarez: I have no problem. Let me just see, we have a motion for an ordinance to be prepared. I have no problem with the ordinance, other than the figure in question because I really don't know what kind of monies we will have. On a revolving basis, obviously, it is very easy to agree, if we can get the money back. But, in any event, if you want to accept that modification that we have an ordinance drafted, which only leaves the amount in blank so that this Commission can consider how much money we can really allocate to that fund right off the bat. Mr. Carollo: Well, what I see is, this money it going to be recycling. I will leave that figure on the ordinance. Mrs. Kennedy: Can we do it that way? Mr. Pierce: Ye$,that is the way in reality, it should work. One of the problems has been that we have only used Community Development monies up historically, for demolition. The money that is going to be used to demolish this particular structure was money that had actually been paid back from some of the liens that had been previously recorded, and had not been accounted for. Mayor Suarez: How much is in that pot? Mr. Odio: $100.... Mr. Pierce: Oh, the pot is empty now. Mayor Suarez: Now it is empty, after this. Mr. Pierce: And by the time this structure and the whole stack of demolition orders about like this go through, that pot will be wiped out. E� Mr. Carollo: Well, if we are going to make any kind of impact, you know, we are going to have to allocate $500,000, otherwise, we are not, you know, going to be making any kind of real impact. 53 October 23, 1986 Mr. Pierce: We were trying to be a little bit realistic about the City's financial ability. The actual dollar figure needed right now, if we demolish every structure that wFs on our targeted list, would be $947,000. Mr. Plummer: !..at me ask you a Question, Walter. A couple of years ago, maybe it is not acceptable noG•, the Fire Department used to do what they called controlled b?irnirg. It was also training as well as controlled burning. Is it cheaper for the City to consider some of that again, or is it completely out of the auest.icn% Mr. Fierce: I don't know, but by the time we come back to the Commission with something, we will. certainly have an answer to that question, because if we can do it cheaper, that means there is more of them we can demolish that way. Mr. Carollo: That is a good idea. The problem is, some of these structures, they are close to other good structures, that... Mr. Plummer: Yes, I understand, in some cases it wouldn't work. Mr. Carollo: It would not work. Mr. Plummer: How about if I loaned you two of my kids. ?cell, that is all they need. They will demolish those structures in nothing flat! Mr. Dawkins: Commissioner Carollo was not in here when we passed the scattered site housing, but I see no reason why we could not take the ordinance that was being proposed by Commissioner Carollo, and as we identify these scattered sites that may have structures on them, then we could use the money, as he said, and since we are going to build houses, Joe, of that demolition cost ;nto the housing, and it comes back to the City. Mr. Plummer: All right, so what you are doing is coming back to us with this ordinance prepared at the next meeting. Mr. Pierce: Yes, sir, but I would like to respond to what Vice -Mayor Dawkins just mentioned, that earlier today, talking with Jerry Gereaux about that very idea, that since the idea is maybe to establish a revolving fund, that we will offer lots that we foreclose upon, we foreclose the liens, we would offer those lots to the housing agency for the cost of the demolition effort, and hopefully, that would give them sites that are acquired at a low cost, and further their program. We agree with you fully, sir, thank you for your support. Thank you, Commissioners. Mayor Suarez: OK, we have a motion for the drafting of that ordinance to be entitled as moved, and have the purpose in question, and it will be fully considered, and at that point, I guess we will also have a discussion on whether we have the money available. Certainly sounds like a good idea. Moved and seconded. Any further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-847 A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE ESTABLISHING A NEW TRUST ACCOUNT IN THE AMOUNT OF $500,000, SAID FUND RESERVE TO BE UTILIZED TO DEMOLISH UNSAFE BUILDINGS THROUGHOUT THE CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 54 October 23, 1986 Mayor Suarez: That one structure will be demolished in any event, when we move it around, because that's administratively... Mrs. Kennedy: Yeah, we'll. start with that one. Mr. Odio: That one is going down. Mayor Suarez: Thank you. ------------------------------------------------------------------------------ 20. DISCUSSION CONCERNING BID AWARD FOR MEALS TO DAY CARE AND PRESCHOOL PROGRAMS - DIRECT MANAGER TO AWARD TO SECOND LOWEST BIDDER. Mayor Suarez: Item 6.2. Mr. Jack Eads: Mr. Mayor, members of the Commission, we've passed out to you... Mr. Dawkins: Before you go on, Mr... Mrs. Kennedy: Jack - excuse me. Mr. Dawkins: Before you go on, let's just welcome the Board of Regents member, Mr. Frank Scruggs. It's a pleasure having you here, sir, and... Mr. Frank Scruggs: Thank you very much. Mr. Dawkins: ...enjoy having you in the City of Miami. Mrs. Kennedy: And before we start, I've been advised that we need just a couple of minutes to move all of the equipment out, so... Mr. Plummer: What do you want? You want a break? Mayor Suarez: Let's take a five-minute break. Then we'll come back at approximately four, let's say 4:50. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:41 P.M. AND RECONVENED AT 4:55 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Mayor Suarez: Oh, I'm sorry - I guess from the City, we should hear first. Jack? Mr. Eads: Mr. Mayor, at the October... Mayor Suarez: Mr. City Manager. Mr. Odio: Yes? Mr. Eads: At the October 9 City Commission meeting, we withdrew the recommended award of bid to Greater Miami Catering for the Day Care Food Service Program, to give the bidder an opportunity to present some rebuttal to the City. He's presented that rebuttal. We've given it every consideration. Our recommendation remains that Greater Miami Catering receive the bid, and it be awarded at today's meeting. Mayor Suarez: How was that processed? Is that our standard competitive bidding process? Mr. Eads: Yes, sir. Mayor Suarez: We go, basically, for the low bidder, unless they're not responsive. Mr. Eads: Yes, sir. Mr. Plummer: Ho, not responsive Responsible. 55 October 23, 1986 UNIDENTIFIED SPEAKER: No, responsive. Mr. Plummer: Responsive? Oh, I'm sorry, all right. Mayor Suarez: I'll stick to my initial wording, but whichever. Do you want to make any additional statements on that? Tell us the reasons why one is being recommended and not another, for example, or whatever? Mr. Odi.o: Yeah - tell him why. Mr. Eads: Well, we've brought with you our documentation - brought with us our documentation to present to you. Each of those yellow tabs on these ... out of those file folders there, recommend a deviation from the contract requirements. There were 87,284 meals delivered by this ... by Dietcraft from the '85-'86 Summer Lunch Program, and of that, there were 12,000 meals that were not proper for one reason or another, which amounted to 1.4-1/2 percent of what was delivered. Mayor Suarez: Fourteen and a half - you're getting a little far from the mike. As determined by whom? Mr. Eads: City staff. Mayor Suarez: Who tasted the food, or... Mr. Eads: No, sir. There are certain requirements, including temperature,... Mayor Suarez: Oh. You have more objective criteria? Mr. Eads: Yeah, objective criteria. Yes, sir. Mr. Dawkins: Why is it that all of these violations occurred, and the staff never terminated the contract? Mr. Eads I think, Commissioner, if you take any one of these violations, the majority of any one of these violations, individually, it would not be grounds for terminating the contract. But if you take them as a group, and view them - collectively, they are a sufficient deviation from the contract. Mr. Dawkins: All right. If we took them as a group - if we took them as a - group, and at the end of the year, why didn't we disqualify this group and tell them, "You give lousy service; therefore we do not want you to bid, we will not accept the bid, and if you win we will not award it to you." Why didn't we tell them that? Mr. Eads: I'm not sure that we have an option of doing that. Mayor Suarez: Before they even bid, we have an option of telling them that we don't want them to bid? Mr. Alejandro Vilarello: The Code does provide for a debarment procedure in the event that a contractor doesn't perform under the terms of its agreement. That was not done. Mr. Dawkins: All right, one more question. I have... Mr. Odio: Commissioner, there is an answer here I think that you might want to know. The program was in effect when we went out for bids, and then at the end of the program they put —they investigated the services, and decided that it was not what we wanted. Not responsive. Mr. Dawkins: OK. I'm going to make one statement, and I'm going to be finished with this. I have worked in the summer feeding program from 1971 until 1978, and in each of those years I fought to make the State of Florida give minority vendors - Black and Cubans - contracts. And at each year, I was told by Mrs. Watskey and others at the State of Florida, that the State of Florida mandates that you give the bid to the lowest bidder. OK? And I have gone through that, I've argued about it, I've fought it; and each time I lost. Now, today you come to me with a document that we're going to change the rules of the games now. Now that we got so many Blacks and Cubans involved, we now change the game which says that you can go to the second bidder if you want 56 October 23, 1986 to. Now, once you guys explain that to me, and how the State of Florida arrived at changing the rules in the middle of the game, you got me. Other than that, you lost me. Mr. Vilarello: I can't explain why Mrs. Watskey did or did not do that in the past, Commissioner. Mayor Suarez: 7 wouldn't try. Mr. Vilarello: However, at this point, the Code of Federal Regulations provides for procedures for exclusion of the applicant agency or institution, which is the City, and the State has now forwarded to us confirmation that they reject - they're paying for these food services, and they're rejecting the low bid or confirm... Mr. Dawkins: All right, then let them go find somebody else. Don't put the monkey on the City of Miami's back. Let the State of Florida go out and find somebody to feed these youngsters. OK? That's all I'm saying to you. Mr. Carollo: Excuse me. Mr. Dawkins: Yeah, wait a minute, Joe. Don't put the monkey on the City of Miami's back. This is the State of Florida's problem. So, the State of Florida is the one who... it's got us fighting among ourselves with our clientele, and what have you? Now, I'll ask you one question, or somebody in the food business - what was the difference in the bid? Mr. Vilarello: Six cents. Mr. Dawkins: Six cents. Six cents per meal. Per meal. I mean, realistically, in this economy, what is six cents going to buy? Mrs. Kennedy: What is the exact composition of these two companies? - Not only minority -owned, but women -owned. Mr. Vilarello: Uh, the... Mr. Dawkins: Millie is the only minority woman... Mr. Vilarello: The Dietcraft Company is, I believe, a wholly owned minority; and t h second low bidder is a wholly owned minority woman, held by a woman who is Puerto Rican, so is Hispanic. Mr. Cather: If I could interrupt just for one second. I have to go out somewhere right now, and I'm going to be gone for about at least an hour and a half or two. So, the minute I get done I'll try to get back as soon as I can. Mayor Suarez: Is there any item that you want to be heard or not heard at this point? Mr. Carollo: No. Mr. Plummer: Hopefully by the time you'll get back, we'll be finished. Mr. Carollo: I don't think so. ----------------------------------------------------------------- NOTE FOR RECORD: Commissioner Carollo left the meeting at 5:02 P.M. ----------------------------------------------------------------- Mayor Suarez: We have expressed a desire to finish tonight before the World Series, game, but ... It would be nice. Frank, state your name, address, if you're being compensated for representing anyone, you have to register with the City, which I presume you have done, if you are, in fact, compensated. Mr. Scruggs: Thank you very much, Mr. Mayor. My name is Frank Scruggs. I'm a partner with the law firm of Steel, Hector. & Davis here in Miami. Our offices are at 4000 Southeast Financial Center. Mayor Suarez: Been a while since we've heard from Steel, Hector and Davis. I — knew it had to... the drought had to end. I'm sorry, go ahead, counselor. 57 October 23, 1986 Mr. Scruggs: We have the privilege of representing Dietcraft, Inc., in this matter. Dietcraft, Inc., was the low bidder on a contract letby the City of Miami, respecting the delivery of food to day care centers. Dietcraft, Inc., has served the City of Miami for over a decade. It has delivered well in excess of a million meals to kids here in this area. It is a wholly owned minority company. I am happy to t.eIJ you that Dietcraft, Inc., has developed a reputation over the rears which has prrmitt.ed it to get, business from the City of. Miami, Fear after year. 1;nc sipn.ificantly, the pecple who formed Dietcraft, Inc., came hFrr with little or nothing. They came and built the reputation of their company, and nok• they're successful, and ve are here today representing them. I want, to introduce to the members of the Commission and to the Mayor, Rodolfo Fitaluga and his wife, Craciela Fit.aJupa, who are the shareholders of this company. We're here, Mr. l;ayor, not on the aucstion of whether their bid was responsive; it was clearly responsive, and it was clearly the low bid. The issue is whether the company is responsible. Translated from the lingo of the Code, the question is whether or not, they are so irresponsible, whether they performed so poorly in the past, whether they're so unreliable that they're not worthy of doing business with the City of Miami.. That's the issue: are these people irresponsible, so that their low bid ought to be rejected? The staff, especially as directed by the staff of the Department of Education in Tallahassee, would say, "We don't care about your low bid. We will sit and judge, as judge and jury, on the reputation of these people," and impugn them as being irresponsible, based on the evidence that they say they've developed. But I intend to show you, along with the information that you've got from your staff, that. the City staff and the State did not do a good job as judges; that it was unfair, the way these citizens were treated. And the evidence that they had, even as indicated by their own files, does not support the scurrilous and damaging allegations they made against Dietcraft. Mr. Plummer: May I interject, sir? You know, I don't mind sitting here listening to you, but I just read the letter from the State of Florida. OK? The letter from the State of Florida is clear. Sir, they will not pay us for these meals unless we throw this company out and go to the next lowest bidder. Now, sir, excuse me, give me the letter and let me read it into the record. OK? Here, it's very... it's Department of Education, dated October the 14th, and I'm taking out of context, but I'll read the second paragraph. "This will also confirm our recommendation to reject the low bid, based on poor performance by the vendor, and to approve the next low bid," and then they go on to cite the statutes. They're the ones paying us! Now, if they're not going to accept you, what are we hearing? Mr. Scruggs: Mr. Commissioner, I want to respond two ways. First, the issue is whether or not the State has the power to do what they —what that letter seems to suggest. Mr. Plummer: He who has the green rules. Mr. Scruggs: The answer is that if the City awards this bid, for the State of Florida to reject them and to undo the contract award, the State itself has to adhere to the Florida Administrative Procedure Act, and to give these people the right to a hearing before that can be done. The question is whether or not some low-level employee in Tallahassee will be able to cause this great Commission to run rampant... Mr. Plummer: Sir, this is signed... Mr. Scruggs: ...over the rights of citizens. Mayor Suarez: I'm glad you refer to us that way. We understand that - if I can solve this - we understand that as a recommendation - I think that's what the wording indicated - I don't think it's a prohibition or a mandatory requirement in any way. Unless I'm hearing wrong. Mr. Scruggs: We agree, Mr. Mayor. Let's turn to the evidence that's been developed. Mr. Plummer: Just for the record, that is not a low-level employee. That is the Director. Mayor Suarez: Yeah - "This will also confirm our recommendation to reject the bid." So, if they have that recommendation, they can certainly make it, and we can follow it or not follow it. 58 October 23, 1986 Mr. Plummer: Well, they go on to quote the Statutes that are involved, federal statutes. Mayor Cuarez: They do give a statutory support, which presumably gives them the ability to make that recommendation. Mr.. Scruggs: That's correct, Mr. P,ayor. Let's take a look at the points that have been developed and presented as the rationale for you to sit in judge and jury in a negative way on these people's reputation. First., it says that they did not. comply... Mayor Suarez: Well, not on their reputation - just on the service. Mr. Scruggs: That's correct. Whether or not they are nonresponsible or irresponsible, so as not to be worthy of this business. The first point that's been made is that they had a contract with the City of Miami and did not comply. I think the question that Commissioner Dawkins asked is a good one: why wasn't the contract rescinded? Why wasn't payment. withheld? Why weren't. there letters of protest.? All of this was two years ago. Those things were not done, and here we are, two years later, to try to do what could have been done then. Even more importantly, we think the evidence does not show that they violated the contract. First, as to temperature. They said, "Weil, the temperatures were not in compliance with the contract." We presented the documents to show that the temperatures were to be governed by a standard of wholesomeness and by compliance with the Dade County Health Code. They complied with the Health Code, and we have tendered, proffered the testimony of the Director of Public Health, to the extent that the temperatures that were less than 45 to 50 degrees were in compliance. The City staff and the State have cited - I have one of their records that I just picked up here - a file full of citations of food delivered at 30 degrees, which was used as the basis for the conclusion that they violated the contract. That's just wrong - it was not a violation. It was within the terms of the Health Code. Mayor Suarez: Let me ask you a question, just for clarification. When did the contract expire or when does it expire, the existing contract? Mr. Scruggs: OK. This contract that we're here on is a one-year contract. And significantly, $80,000 to a company may not be all the money in the world... Mayor Suarez: When did it expire? I'm sorry, Frank - when did it expire? Mr. Scruggs: October? Mr. Eads: September. Mr. Scruggs: October the 31st. Mayor Suarez: With the fiscal year? I'm just trying to figure out how, if they weren't checking all along about the meals, they could have somehow confirmed or verified that fourteen percent of the meals were not proper, if they were not doing it all along. I mean, I just... Mr. Scruggs: Well, let's look at the facts. The facts, as indicated by the records. There is a reference in the Agenda materials to some 3,299 meals served during the Summer Lunch Program, and they say "Well, that's bad." What you're not told is that Dietcraft, Inc., served some 600,000 meals during that period of time; that these 3,000 meals represent less than about one half of one percent, and that even those figures, we think, that cannot be substantiated, based on the poor record -keeping. There are crossouts in the records, there are whiteouts. These records don't have sufficient integrity to be relied upon for something as important as this. The next point that they raise is that, well, "we heard that there was some incident involving the presence of foreign matter on a sandwich that you served, so that it shows that your plant's not clean." Well, the Director of Public Health sent his staff out, they inspected the facility, gave them a clean bill of health, and it was established that the foreign matter was imbedded inside the sandwich, and could not reasonably have been discovered. A sandwich produced by the _ Southland Corporation, which provides all of the sandwiches for the Dade County schools, and which serves 7-11 sandwiches - what about that indicates tthat this company was nonresponsible? 59 October 23, 1986 t 11 Mayor Suarez: Of course, everybody has liability for the ultimate product, not just... Mr. Scruggs: That's correct. The sandwich was pulled before it was consumed. The question is whether or not that incident ought to be considered to support a finding that the company is nonresponsible. We say the answer is no. Mayor Sucre.: Well, if it happened a lot, definitely, regardless of whose fault it was. Mr. Scruggs: That's correct. It. happened once. It was remedied right away, as soon as it. was brought to their attention. I think, Mr. Mayor, the point is that. we have a determination by somebody in Tallahassee, that a year and a half, two years. later, a contract was violated, and that. that renders a company to be nonresponsible. We say that. somebody way tip in Tallahassee might be able to render that kind of damning conclusion of a company's reputation based on a breach of a contract which was not documented, which was not taken care of at the time; but we hope that this Commission will not be goaded into doing something to one of its citizens, inasmuch as they are here because they are seeking relief from the kinds of governments that, do run roughshod over citizens' rights. There is nothing in this record that substantiates the conclusion that Mr. Pitaluga and his wife ran that company in a way that was irresponsible. Once incident that they supported - they said, "Well, a truck broke down and Mr. Pitaluga delivered the sandwiches in his car." Well, which way does that cut? I£ the man gets out of his offices goes to meet a disabled truck on the street, and delivers the sandwiches and milk in time so that they are still within the temperature guidelines - that doesn't show that the company is irresponsible. It shows that they care about performing, just as they have for a decade. They helped to design the very day care program lunch that's the subject of this, and we hope and ask at this time that the staff recommendation be rejected, that you accept the low bid of this company, because the evidence is clear that it is not irresponsible. It's responsible and it served the citizens of this area well. Mayor Suarez: That's very eloquent. I've heard allegations that you went to Harvard Law School. Is that... Mr. Scruggs: It's held against me every once in a while, Mr. Mayor. Mayor Suarez: How come you didn't attend my speech yesterday to the Harvard Club? Mr. Scruggs: I was away from town. Mr. Odio: Oh, you went to Harvard? Yeah? Mr. Dawkins: So, you're going to vote against him because he didn't go to your Harvard speech, huh? Mr. Plummer: I'll vote against him because he did go to Harvard, don't worry. Mr. Scruggs: That's what I'm afraid of. (Laughter) Mr. Plummer: You can sure tell a Harvard man, but not much. That's all right. Mayor Suarez: That's right. You said it. Do we hear from the other side? I don't mean from the City, now, - we're going to hear from the City, I presume - but do we hear from the other company? The one that's being recommended in favor of? Mr. Plummer: I really don't think that's in question. I think that's immaterial. Mayor Suarez: Well, they may have counsel, and they may want to deal with the legal aspects of this, or the fairness of it, or whatever. Mr. Plummer: Well, I still am coming back, and I guess I've got to have an answer, because I think we're really arguing in vain. If, in fact, the State 60 October 23, 1986 of Florida has control, and they have said that they will not accept this vendor, then all this conversation... now, if what they're saying is that they don't have that authority, then that's a different story. Then we got something to argue about. Now, how do we go about making such a determinFtion? _ Mrs. Kennedy: Who can answer that question? Mr. Vilarello: Mr, Mayor, Commissioner Plummer, maybe I can clear that up for you right now. The State is going under federal regulations that provide a procedure for them to keep a comppny from providing the service. However, we're doing it through the City Code, through the City Code's procedures, and those are the procedures we followed in excluding Diet.craft as 8 bidder. Mr. Plummer: Fly question is simple. Does the State of Florida have the ability or the authority to reject, and not pay the City for this food7 Mr. Vilarello: They can choose not to fund the applicant institution, the City of Miami. Mr. Plummer.: Have they said, other than recommendation, have they said that if we choose this vendor, they will not fund7 Mr. Vilarello: That is the most recent communication we have Mayor Suarez: Can we get a clarification of that most recent...? Mr. Plummer: OK, but this is not... Mrs. Kennedy: There's no...you're not answering the question. Mayor Suarez: What he's saying is, he doesn't know. Mr. Plummer: It says we... Mr. Vilarello: Have they said ... I'm saying that that... Mayor Suarez: Whatever's in there. Mr. Odio: No, because... Mr. Vilarello: That's what it.. Mr. Odio: Because the answer is, no, they have not said they would not fund us, at this time. That is, the latest communication we have did not indicate that. I want to point out, Mr. Mayor, that the staff of the City of Miami has no interest in who provides the service, as long as it's responsible. And we have to go only on record -keeping that had been done by the staff of the Department on occurrences time and time again. Mayor Suarez: You don't eat the meals, so... Mr. Odio: I don't... but I want to put on the record that we really don't care who provides the services. Mr. Plummer: Well, but look, you know, Mr. City Manager, some of the accusations in there - OK? - I think go a little above and beyond. Such as a substituted white rice for yellow rice. You know, I find that very difficult to understand as a violation. But it's there. Mr. Odio: Well, we are instructed to keep records. Mr. Plummer: I understand. Mr. Eads: Can I address that for a second, Commissioner? We went back, and after we had some first discussions, went back and reevaluated our } consideration. For instance, Mr. Scruggs made mention of the 40 to 45 degree temperature and suggested we call Mr. Livingston. We did. He said, in fact, 40 to 45 was the recommended temperature. It could go below that, and that would be fine. Therefore, we removed from our calculations a number of discrepancies. However, he admonished us very seriously about the effect of food above 45 degrees, and that was 3,229 meals. 61 October 23, 1986 11 Mr. Plummer: Yeah, but, there are some... and I'm not going to go in... Mr. Eads: No, sir, what I'm saying to you - the substitution of one fruit for a... Mr. Plummer: Yellow rice for white rice. Mr. Ends: Yeah. We discounted that. Mr. Plummer. OY.. That to me is ... you know, that's child's play, OK? I'm sorry, but that's child's play. Now, the problem I've got is, there's some very heavy accusations in there. Mr. Ends: Yes, sir. Mr. Plummer: 00 And that's where my area of concern is. Now, I hear Mr. Scruggs mede the statement, "Well, it's not Dietcraft's fault because they bought them from someone else." OK? Now, that's what I've got a problem, accepting that as being, "Well, OK, I shun responsibility." I'm worried about the kid that's eating the sandwich. And I don't think the kid eating the sandwich cares whether it came from him, or Southland, or who - this sandwich is unacceptable. And there are some statements in there that make them very unacceptable. Mr. Odio: Commissioner, the contract is with Dietcraft, Incorporated. They are responsible for all foods delivered to us, and whoever they subcontract with, that's their problem. Mr. Plummer: Is responsible to them. I understand that. Look, I still say to you that the real basis of whether we're even arguing or not, is if the State is emphatic that they will not fund us if we use this firm, then we're - what are we arguing about? Let's go get another one. Mr. Odio: Yeah, but based on all these occurrences, we have no choice but to recommend that we do not send the contract to them. Mr. Plummer: OK, I've made my point on the record. Mrs. Kennedy: What is this, a yearly contract? Mr. Eads: Yes, ma'am, it's an annual contract. Mayor Suarez: No one wants to propose a six month probation, do you? Mr. Scruggs: Mr. Mayor. Mayor Suarez: Low bidder? Yes, Frank? Mr. Scruggs: Let me respond, just... Mayor Suarez: I still say, by the way, if we're going to keep hearing from one company, we ought to hear from the other company. So, if you want to make any statement as to the fairness of this, feel free to do so. Go ahead. Mr. Scruggs: Commissioners, I think this is the point: The answer is, no, the State of Florida has not said that they will not pay the City of Miami if you fund this contract. The answer is that, even though they may have the theoretical power to withhold it, they cannot run roughshod over their rights. They will have to stop and comply with certain procedures before, as a State authority, brandishing this company as nonresponsible. They cannot do that, and they would have you do that. Mr. Odio: Mr. Attorney, you are right. Let me tell you this, we are not trying to pass on our responsibility. Based on the City Code, based on reports of evaluation from the staff, forgetting what the State said or not said, we still have to recommend that we do not extend the contract. Now, this is our responsibility, that we're not shunning that responsibility, I'm very clear about it. Mayor Suarez: OK, for the record, the City Attorney has recommended that we don't hear from the second highest... second lowest bidder, because it might... 62 October 23, 1986 a Mr. Robert Clark: It's irrelevant. Mayor Suarez: Yeah, it's sort of irrelevant at this point, and might pose problems. I'm not sure that I agree with the City Attorney, but I'm not here as a lawyer. Mr. Dawkins: I'm sorry, I was out of the room. What's this about Dietcraft not being responsible for the sandwiches they serve because they purchased them from someone else? Mr. Scruggs: YrF.. let me respond to that. In every instance where there was a discrepancy- or problem pointed out. to Dietcraft, they responded to it. They provided a credit, they accepted responsibility for all of the food that is served. The question is whether or not there is anything about their record that renders them irresponsible, and I pointed to that incident to show that nothing about. that. - when they accept responsibility. The question is, when the incident was discovered, they pulled the item, And it was determined by the Health Department that it was not attributed to anything about, the way they ran their facilities. The City officials had once said, "that there was foreign matter on the outside of the sandwich," and that that suggested that their plant was not clean. We've disproven that., so they backed off to another one. They said, "Well, you know, your..." I he-,,(, a folder that shows that the staff has said, "that the temperatures were too low." The Health Department says that's not correct - those temperatures are fine. Now, they are on to another point. We're saying, is this a way to do business with citizens of this City? It's not fai.r to do that. Mr. Dawkins: Mr. Scruggs, your listing of temperatures - are they when the truck left Dietcraft, or are the temperatures when it arrived at the site? Mr. Scruggs: Those are the temperatures as they arrived at the site, when somebody who works for the City stuck a thermometer in one carton of milk, stuck a thermometer in the juice, and wrote down on an invoice and confirmed the time of delivery. And we're saying that those delivery times were acknowledged, 30 degrees was written on some of them. The City staff once said, "Well, that's not acceptable." Now that the Health Department has said that's acceptable, they say, "Oh, well that doesn't matter. There's some other issue that we want to focus on." Mrs. Kennedy: But yet, here it says... Mayor Suarez: Let me just say something real quick. I am going to hear from the second company, if you circumscribe your testimony or your argument to the issue of the fairness in this particular case, and not try to get too much into whether your company has a better service or not, because that really is not relevant. But, I'm told by the City Attorney that it isn't all that clear that we shouldn't hear from the second company. I'm just going to take that... Mr. Dawkins: Wait a minute, now. The City Attorney - hold it, now - the City Attorney says we should not hear from the second... but you're going to hear him? Mayor Suarez: Well, no, no, no. One City Attorney said one thing and the other City Attorney said something slightly different. Mr. Dawkins: I want to know, what does THE City Attorney say? Mayor Suarez: Well, now, say what you finally told me, Lucia? Mr. Dawkins: THE City Attorney. Mrs. Dougherty: THE City Attorney says that it would be appropriate to hear from the second bidder. Mrs. Dougherty: Ma'am, you say that you should? - Mrs. Dougherty: Yes, it would be appropriate to hear from them. Mr. Dawkins: OK, thank you, that's all. 63 October 23, 1986 Mr. Bads: Mr. Mayor, on the issue of temperature,... Mr. Dawkins: Thgt`s the one we're going by. Mr. Fads: Again, if the temperature was under 40 degrees, we discounted that from our corciderFtion. The only thing we were dealing with was temperatures in excess of 65 6rgrFes, Mrs. Kennedy, Vr-31, there's another thing here... Mr. Fads: Actually, In excess of 50 degrees, we gave them an additional five degree cushion. Mrs. Kennedy: OK. Mr. Scruggs, it says that the lunches delivered at Douglas Park were delivered by a brown 1979 or '80 Camaro, with no refrigerator. Is this a common procedure? Mr. Scruggs-: That is not. a common procedure, and the City's documents do not support that allegation. We contest it, we say the records don't support it. We say that itcannot be proven, and that wherever that happened - the alle... there are allegations coming from where? The records don't support that, rand Dietcraft denies it vehemently. Mayor Suarez: Fortunately, or unfortunately, this is not a court of law. We cannot make a. determination as to any of that; so, we're just going to have to go on our own judgment. Six, do you want to go ahead and make a statement? Tell us who you are, what company you represent. Mr. John Olmo: by name is John Olmo. I'm representing Greater Miami Caterers. Address is 2620 Northwest 27th Avenue. Just to hit this first point about the sandwiches coming in... Mayor Suarez: Do you work for the company? Are you one of the principals? Mr. Olmo: No, I'm not an owner. I'm just a manager. Mayor Suarez: OK. I don't know if he would have to register as a lobbyist... Mr. Olmo: I did, just in case. Mayor Suarez: Oh, fine. Go ahead. Mr. Olmo: The point about the sandwiches coming in at 30 degrees - If the sandwich is frozen, temperature for freezing is 32 or below. If the sandwiches are frozen when they're delivered, a child can't eat a frozen sandwich. Mayor Suarez: That's for water that is not moving around, and certain atmospheric conditions. Go ahead. Mr. Olmo: Well, that's the problem that they find. You know, from a caterer's point of view, if you deliver a frozen sandwich, you can't consume it, especially for a young child. But essentially, the only points that I need to make available here, is that we have no ill will toward Dietcraft. We're just here as a straight business matter, and it's just dollars and cents here, is what we're involving ourselves with. We approached this bid from a simple fact of, its value only really warrants our time in participating and approaching this thing. We don't come here with an attorney or with a lobbyist to try to pressure the Commission to award us a contract. We just go on the basis of our performance - which we are currently serving the day care and preschool. The contract that we had ended September 30, 1986, and has been extended currently through the end of this month, to allow for this procedure to take place, for an actual award to be made. We did this out of consideration. Certainly we make profits out .of doing the business for an additional month, but, in essence, we've got to delay business decisions that are generally made for us in August, rather than September; so, it's been an inconvenience for us as well. We've got people that we've got to maintain on staff, or displace because we no longer have the work. Just to confirm any thoughts that have been placed in your minds, we're certainly a woman -owned Hispanic business. Mrs. Butler here is the full stock ownership of the company, so there is no dispute to the fact whether we are Hispanic and woman - owned. 64 October 23, 1986 Mrs. Kennedy: Could you state her name for the record, please? Mr. Olmo: Jacqueline Butler. Mayor Suarez: You know, I have a feeling, and if it were proper to do so, if we threw out. the bids and rebid the entire thing, that we would get a responsive, responsible bidder coming in at the lowest price that we now have, at the lowestbidding price, and the taxpayers would be saved some money. That's an interesting possibility. I really don't know what to do. Mr. Olmo: I submitted my bid for this new contract period at the same price at which I served the City for this whole past year. I haven't included any type of increase. Two years ago... Mayor Suarez: You've been serving the City for the past year? Your company? Mr. Olmo: Yes. We are currently serving this contract., and have allowed the City to extend with us for a one -month period, through the end of October, to allow you this process to decide who you wish to choose. Throughcut. that time period we had an excellent history. There's no real blemishes on our services throughout the time period - on -time deliveries, no problems with the quality of food, and, you know, this type of business, it engages in a lot of different things; and if, by chance, something is inadequate, we're certainly out there prior to the original delivery time to replace the item. You know, there's always an instance where something can be improper, but we're out there right away to replace it. We gear that into our staffing, and so forth. Mayor Suarez: Like to propose somebody to test those sandwiches before they arrive. Maybe the City Manager could do that each time. (Laughter) Mr. Olmo: The contract that Dietcraft was serving this past summer was ... the menus are considerably different than what our day care, or ... the day care services are predominantly hot meals, and that was a sandwich, a box lunch type thing, so, sandwiches don't apply to us, really. Well, in any case, let's see. I did want to bring note that the City is not the only organization in Dade County who displaced Dietcraft for reasons of nonperformance. I've got a letter here prepared by Herman Williams, of the Family Christian Association. I provided all of your aides with a copy of this letter. Mr. Scruggs: Mr. Mayor, that letter... Mayor Suarez: That probably is not a good idea, for you to present that, and I am going to ask that you not do that, rather than excluding it from the record. That could pose legal problems for us. Mr. Vilarello: Mr. Mayor, nor was... Mayor Suarez: No, then you guys are going to have more grounds for a lawsuit. We don't need that. Mr. Vilarello: Mr. Mayor, nor was it considered in the determination by the City. Mayor Suarez: Fine, fine. It was not considered up to now? See, that's why we were afraid of letting you testify, because of that kind of problem. Frank, you want to make a... Mr. Odio: Mr. Mayor, let me say this, for the record, please. Mayor Suarez: Yes, Mr. City Manager. Mr. Odio: All we are interested in is their performance with the City of Miami, period. Mayor Suarez: When was the last time your company served the City of Miami? Mr. Scruggs: The last time? 65 October 23, 1986 (INAUDIBLE COMMENT OFF -MIKE) Mayor Suarez: Eighty-four was the last year? Mr. Scruggs: And they served the Summer Lunch Program, some 600,000 meals, this past summer. Mayor Suarez: And in the summer. That's when we allegedly had the problems. Quick, final statement.? We've got to resolve the sandwich issue here, sooner or later. Mr. Scruggs: The issue is, how does the City want to do business with its citizens? Po you want to let somebody paper a file and sit quiet during times when they could redress a problem, and pop up two years later to deem a company to be irresponsible, or do you want to deal with this company fairly? _ They've had a good track. record. They're not being fairly impugned. They were the low bidder, and they ought to get the contract. Mayor Suarez: Thank you, Frank. Mr. Eads: Mr. Mayor, we've reduced our recommendations to writing and submitted them to you previously, and the City Clerk has a copy for reference. Mayor Suarez: Fine, and those are ordered into the record. Members of the Commission - any discussion, any motions? What's your pleasure? Do you want any further clarification of the State position, Commissioner Plummer, or...? Mr. Plummer: You know, I think it's important, but we're probably faced with this October 31st deadline. Because if the State won't accept it and won't pay for it, we're not ... we're just arguing for naught. I also have to admit on the record, Mr. Mayor, that some of the accusations here, which I deem to be heavy, have me bothered - I got to be honest with you. I don't go with the string of the substitution of yellow rice for white rice - I think that's immaterial. I would be concerned with the frozen sandwich, whether or not it ... I wasn't there. But the other area, that is pretty well known, is there. It's self-evident. It's obvious. The proof was right there. So, that's where I got a problem, so I... Mayor Suarez: Will it die for lack of interest? Mr. Plummer: Oh, no, no, no, no, I'll make a motion. You want a motion? I make a motion we uphold the administration. Mayor Suarez: And go with the second lowest bidder? Mr. Plummer: I'll make that motion, sir. Mayor Suarez: So moved. Now will it die for lack of interest? Mr. Plummer: Everybody wants to go to heaven, but nobody wants to die. Mrs. Kennedy: Especially if we have to see you first. (Laughter) Mr. Plummer: That's 'cause you know I got the only one-way tickets. Mayor Suarez: Anyone want to make any alternative motions? Mr. Plummer: Boy, the kids are going to get awful hungry. Mr. Odio: Yes, sir. Mayor Suarez: I'll second Commissioner Plummer's motion to accept the second lowest bidder. For the reasons that have been stated into the record. Mr. Dawkins: Any further discussion? Hearing none, call the roll. - 66 October 23, 1986 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-848 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO AWARD A CITY CONTRACT TO THE SECOND LOWEST BIDDER FOR PROVIDING MF_.A.LS TO PARTICIPANTS IN THE CITY'S DAY CARE AND PRESCHOOL PROGRAMS. Upon being seconded by Mayor Suarez, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mayor Suarez: Yeah - without making any statements as to whether they were true or not, certainly - Yes. Mayor Suarez: Thank you for a very eloquent presentation. 21. CONSENT AGENDA. Mayor Suarez: We're going on to the Consent Agenda, which is Item 7 through 16.1. Mr. Plummer: Mr. Mayor, I'd like to pull Item 16.1, and I would also like to pull, for discussion, Item 19. Mr. Odio: Nineteen? Nineteen is not in the... Mayor Suarez: I guess that's outside of the Consent Agenda. We'll get to... Mr. Plummer: I'm sorry, sir. The only one, then, that I want pulled is the - yeah, 16.1. Madame City Attorney, while we're waiting here a minute - you supplied to our office a form, or the Clerk, one of the two of us - you supplied us a form this week to fill out, on conflict of interest. It's a new form? Am I to assume that form is only to be filed at such time as there is a conflict? Mrs. Dougherty: I didn't send it to you. Ms. Hirai: Yes. Mr. Plummer: Excuse me, would you clarify on the record that form we received this week? Ms. Hirai: It is a new form that has been sent to us, and whenever a Commissioner feels that he has, or she has, a conflict of interest, they will _ state so in the record, and instead of filling out the old form, this will be the new form that will be filled out. Mayor Suarez: So it's for the future? - Mr. Plummer: So, the forms you sent us this week, we do not fill out until such time as we feel that there is a reason to abstain from voting? Ms. Hirai: Exactly. 67 October 23, 1986 Mr. Plummer: OK, thank you. Ms. Hirai: Exactly, and it substitutes the old form. Mayor Suarez.: Glad for that clarification. OK, so far we've got Item 16.1 being the only one pulled from the Consent Agenda, and assuming no one else has any other requests, let me announce that Items... Mr. Plummer: I so move the Consent Agenda. Mrs. Kennedv: Second Mayor Suarez: You were going to ask that that one item be considered individually, sir? Which is - that item? UNIDENTIFIED SPEAKER (OFF MIKE): Item number 15. Mayor Suarez: Fifteen. I'll pull it out myself. OK, with the exception of Items 15 and 16.1, we will proceed to take a vote on Items 7 through 16.1, in one motion. If there's anyone that wants to be heard for or against any of the items constituted in that group, other. than 15 and 16.1, let that person so announce or step forward. Let the record reflect that no one has asked to be heard on the items mentioned, and therefore we will entertain a motion on the Consent Agenda,... Mr. Plummer: So moved. Mayor Suarez: ...leaving out 15 and 16.1. Mrs. Kennedy: Moved and seconded. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. THE FOLLOWING RESOLUTIONS WERE INTRODUCED BY COMMISSIONER PLUMMER, SECONDED BY COMMISSIONER KENNEDY AND PASSED AND ADOPTED BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor. Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 21.1 APPROVE TRANSMITTAL TO SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR APPLICATION FOR APPROVAL FOR DOWNTOWN MIAMI AS A DRI. RESOLUTION NO. 86-849 A RESOLUTION APPROVING THE TRANSMITTAL TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL OF THE APPLICATION FOR DEVELOPMENT APPROVAL (ADA) FOR DOWNTOWN MIAMI AS A DEVELOPMENT OF REGIONAL IMPACT (DRI), IN SUBSTANTIALLY THE FORM ATTACHED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 68 October 23, 1986 21.2 ALLOCATING $30,000 FROM SPECIAL PROGRAMS AND ACCOUNTS FUND FOR FEE INCREASES FOR D.R.I. APPLICATION TO S0, FLA. REGIONAL.. PLANNING COUNCIL. F.F_ SOI JTTION TTO, 86-850 A RESOL.LiTIO1? AI.L•OCATII*c? Sj0,000 FROM THE. FY'86-87 SPECIAL PROGRAMS AND ACC0111,75 1`111) TO COVER THE COST OF FEE _ INCREASES FOR S1TTMISSiON OF THE DOWNTOWN DEVELOPMENT OF REGIONAL IMrttCT (D.R.I.) AFPLICATION TO THE SOUTH FLORIDA REGIONAL FLAN VIPG COil1JCIL. (Here follows bode' of resolution, omitted here and on file in the Office of the City Clerk.) 21.3 AUTHORIZE CITY MANAGER TO E14TER AGREEMENT WITH LOURDES SLAYZK FOR PROFESSIONAL PLANNING SERVICES, DOWNTOWN DEVELOPMENT PLAN AND DRI, $21,257. RESOLUTION 140. 86-851 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY 114 THE FORM ATTACHED, WITH LOURDES SLAYZK, FOR PROFESSIONAL PLANNING SERVICES, IN CONNECTION WITH THE DOWNTOWN DEVELOPMENT PLAN AND DRI PROJECT, AND THE CITYWIDE COMPREHENSIVE PLA14 WITH FUNDS IN THE AMOUNT OF $21,257 TO BE EXPENDED FROM FY'86-187 SPECIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21.4 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN CITY OF MIAMI AND METRO FOR SALE OF EXCESS FILL MATERIAL ON VIRGINIA KEY AT $2.00 PER CUBIC YARD. RESOLUTION NO. 86-852 A RLSOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, FOR THE SALE OF APPROXIMATELY 35,000 CUBIC YARDS OF EXCESS FILL MATERIAL FROM VIRGINIA KEY AT THE PRICE OF $2.00 PER CUBIC YARD, LOOSE MEASURE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21.5 APPROVING MOST QUALIFIED FIRMS TO PROVIDE PLANNING AND DESIGN SERVICES FOR COCONUT GROVE EXHIBITION CENTER RENOVATION AND NEGOTIATE WITH SAME. RESOLUTION NO. 86-853 A RESOLUTION APPROVING THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL PLANNING AND DESIGN SERVICES FOR THE RENOVATION AND EXPANSION OF THE COCONUT GROVE EXHIBITION CENTER; AUTHORIZING THE CITY MANAGER TO UNDERTAKE NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS, TO ARRIVE AT A CONTRACT WHICH IS FAIR, COMPETITIVE AND REASONABLE, AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS RATIFICATION AND APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 69 October 23, 1986 21.6 AUTHORIZE CITY MANAGER TO ACCEPT AMKTNITION DONATION FROM BANK SYSTEMS AND EQUIPMENT CORP. FOR POLICE TRAINING. RES01.,i'TI0!' 1�0, F6-F,54 A RESOLLTTIOrJ AtTTHORI7J}(= 7FiF CITY ►14NAGER TO ACCEPT THE DONATION OF AT)PftW ITI0N, FROM FAA'K SYSTEMS AND EQUIPMENT CORPORATION FOR ITST, FY THE MJAMI POLICE DEPARTMENT TRAINING U1 IT/SWAT AT 1,10 COST TO THE CITY. (Here follows body of resoluticn, omitted here and on file in the Office of the City Clerk.) 21.1 APPROVE TWO YEAR EXTE14ST014 OFF AC-RFF►;FI,TT FETWEENT CITY AND BUS BENCHES CO. RESOLUTION NO. 86-855 A RESOLUTION APPROVING A Two YEAR EXTENSION OF THE AGREEMENT DATED NOVEMBER 2, 1983 BETWEEN THE CITY AND BUS BENCHES COMPA14Y UPON THE SAME TERMS AND CONDITIONS SET FORTH IN SUCH AGREEMENT WHICH PROVIDED FOR AN OPTION BY SAID FIRM TO EXTEND THE TERM OF THE AGREEMENT FOR TWO YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21.8 AUTHORIZE SETTLEMENT IN CONDEMNATIONS PROCEEDINGS IN ACQUISITION OF LAND PARCEL 44-E, AUTHORIZING CITY MANAGER TO PAY ADDITIONAL $355,655. RESOLUTION NO. 86-856 A RESOLUTION AUTHORIZING SETTLEMENT IN CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF LAND PARCEL 44-E PENDING IN CIRCUIT COURT CASE NO. 86-14608, WHEREBY THE CITY MANAGER IS AUTHORIZED TO PAY AN ADDITIONAL $355,655 AS THE PRICE OF SAID PROPERTY WHICH CONSISTS OF 37,800 SQUARE FEET LOCATED AT 80 NORTHWEST 8TH STREET, MIAMI, FLORIDA, WITH SAID ADDITIONAL FUNDS TO BE PROVIDED FROM THE MIAMI SPORTS AND EXHIBITION AUTHORITY CONVENTION DEVELOPMENT TAX BOND PROCEEDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21.9 AUTHORIZE CITY MANAGER AND CITY ATTORNEY IN TAKING LEGAL ACTION TO REMOVE BETTE AND BERT BAYFRONT 66 MARINA, INC. FROM WATSON ISLAND. RESOLUTION NO. 86-857 A RESOLUTION AUTHORIZING THE CITY MANAGER'S AND CITY ATTORNEY'S FORBEARANCE IN TAKING LEGAL ACTION TO REMOVE BETTE & BERT BAYFRONT 66 MARINA, INC., A/K/A MARTIN TRITT, FROM CITY OWNED PROPERTY ON WATSON ISLAND, PROVIDED THAT THE ARREARAGE PAYMENTS IN CONNECTION WITH CONCESSION OPERATIONS ON WATSON ISLAND BE MAINTAINED ON A CONTINUOUSLY CURRENT BASIS; FURTHER PROVIDED THAT THE INTEREST OF THE CITY BE SECURED IN A FORM ACCEPTABLE TO THE CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 70 October 23, 1986 • i------------------------------------------------------------------------- 22. TERMINATE LEASE AGREEMENT WITH AMERICAN BARGE CLUB, INC., AT VIRGINIA KEY. ------------------------------------------------------------------------------ Mayor Suarez: You're approaching the mike ominously, and I'm wondering which is your item. UNIDENTIFIED SPEAKER: Sixteen point one, sir. Mayor Suarez: All right, we'll get to that. Item 15. Mr.. Odio: Yes, sir. That's the American Barge Club lease. We're recommending that we terminate their lease agreement. This property was given to the American Barge Club two and a half years ago, I believe, and ever since that time, nothing has been developed in that area, or plans have been submitted to the City that are acceptable to the City. The improvement plans submitted by the club were not in full compliance with Section 4 of the improvements in the lease agreement.. They were almost three months late in submitting their annual advance rent payment. it, was approximately a three- .—sith period in which the property held by the club was not insured, as required by the lease agreement. The club has failed to submit proof of meeting membership requirements to increase its minority memberships by five percent per year, to represent ethnic percentages of the City of Miami population. Additionally, the club has failed to submit proof of having conducted six public service functions for minorities at the closed facility, as required per the lease. Six, seven months ago, I informed them in writing that they had to expedite their plans, or that their lease would be cancelled. They had plenty of notice, and because we did not get proper measures taken, we are recommending that this lease be terminated. Mayor Suarez: Provide the gentleman with a mike that he can reach. Mr. Plummer: The hand-held mike is over here. Mr. Dawkins: Hand-held on the side here, sir. Mr. Plummer: Walter, why don't you take him... Mayor Suarez: There's one over here, I think, too. Mr. Plummer: Oh, there's one on each? I'm sorry. Mayor Suarez: When you begin your presentation, give us your name, addressi if you are compensated for your appearance here on behalf of someone, you're supposed to register with the City as a lobbyist. If you haven't registered, we can always table this matter until you get your registration filled. Mr. Tom Brewer: Is this all right? My name is Tom Brewer. I'm the president of the American Barge Club. My address is 11435 Southwest 114th Court, of Miami, and I would like to say a few things. Yes, there are ... this has been... Mayor Suarez: Let me clarify something. As president of the company, does he have to file? Mr. Plummer: It's a club. UNIDENTIFIED SPEAKER: ...nonprofit club. Mayor Suarez: Go ahead, proceed. It's a nonprofit? Mr. Brewer: Yes, sir. It's a nonprofit organization, and I think Mr. Plummer remembers me quite well. Just to clarify you, we've had the property... the lease, since November of 1984. So, we have been active, pursuing improving the property since 1984. Mr. Odio has referred to a letter that was dated, I believe, December of '85. We had submitted a set of plans originally in April of 185. Those plans were not accepted. He informed us, or his office at that time informed us, what we had to do with those plans in order to make those plans acceptable. We had submitted another set of plans for a temporary 71 October 23, 1986 building, and which were turned down after the last six months. And Mr. Odio's letter, I believe you referred to the fact that we had six months to improve the property. We did not. The second setof plans also was turned down. What I am besical ly telling you is that I have made two attempts, up until July 31st of this year, to improve this property, and nothing has ever been accepted that we have put. forwprd. Ve have made an honest effort in trying to do so, Fnd now we are 2t, lease termination. -_ Mr. Flummer: How much financing do yeu have in the bank.? Mr. Brewer: In the bank? Maybe $10,000 - I honestly do not know. It is not a six -figure number - t.hat I can tell you. And being a nonprofit organization, one of the things that I have to do is be sure that what I am doing, before I ask anyone for a dollar bill, is be sure that dollar bill is going to be. well used. Right now I have commitments, not collected, but commitments of over $200,000. Mayor Suarez: Supposing... Mr. Brewer: But it is not in the bank. Mayor Suarez: Supposing we went out —terminated your lease and went out for bids again - would you participate in that process? Because it seems like we've gotten nowhere for I don't know how many years now, with the project, and... Mr. Brewer: You have gotten nowheres, but it's not only my fault, sir, it's... in the first...and it's Mr. Odio's predecessor - I can't recall his name. Mr. Odio: There were five of them. But, let me... (Laughter) Mr. Brewer: The immediate predecessor. Mr. Odio: Let me tell you this, sir. Mayor Suarez: What year, what month, what day, what hour? Mr. Odio: The problem is, Mr. Mayor, that the agreement said clearly that the City of Miami would have a right to inspect the plans, and they would have to be acceptable in relationship to the land that they have acquired, which is very valuable, right next to the waterfront, right next to Planet Ocean. You cannot just put a shed out there, and it would not meet the plans. Therefore, the plans that he submitted were not acceptable, according to the lease, to the City of Miami. Mr. Brewer: Would you be willing to inform me in writing as to why they were not acceptable? I still don't know. The only thing I know is f rom Mr. Armada, who told me only over the phone they wouldn't be acceptable. Mayor Suarez: Let's hear that. Let's hear that. Rather than arguing - why was it not acceptable, Al? Mr. Albert J. Armada: Based on the first review of the plans that they submitted, we did submit to them what I thought was a very thorough letter, explaining to them all the problems that they had to address, and at that time we... Mayor Suarez: When was that? How soon after the submission of the initial... Mr. Brewer: That was the December 185. Mr. Armada: Well, that must have been ... must —must have been... Mayor Suarez: Wait, wait, wait, wait. That question was not directed to you. Mr. Armada: Must have been either March or April of this year. OK? When we responded... Mayor Suarez: Of '86. i 72 October 23, 1986 Mr. Armada: Of 186. Mayor Suarez: Since then what has happened? Mr. Armeds: Well, since then... Mayor SuarF7.: Hive they submitted any new plans? Mr. Armada: They submitted a new plan, but the new plan did not address any of the problems that ve had surfaced in our first review. Mayor Suarez: Such as7 Mr. Armada: Such as parking, such as sewer and water, such as a couple of other - encroachments and so forth and so on. I mean, the major problems were not Addressed. And when we saw their second plan, it essentially, of course, did not address the major problems, and it really changed directions altogether. Instead of constructing a building out there, they wanted to put a temporary shed, which didn't seem to be also, in the last analysis, you know, acceptable in terms of the site and the kind of things •-e would like to see out there. Mrs. Kennedy: What is your percentage of minority membership? Mr. Brewer: I honestly do not know. Mr. Plummer: How many members ... How many members do you have, total? Mr. Brewer: Most of them are minorities, as far as race goes. Mr. Armada: What was the question? What was the question? Mr. Brewer: As far as disabled people, I would say that most are Anglo. Mrs. Kennedy: My question was the percentage of minority membership. _ Mr. Armada: That is something that we have not received from them, as well. We made a very clear affirmative action clause in the lease agreement which require them to continually, on a yearly basis, submit to us documentations and membership list which would have to be incremented at least by five percent each year to reflect the ethnic and racial breakdown of the City of Miami's population. Mrs. Kennedy: And they have not submitted that to you? Mr. Armada: They have submitted that. I don't have any... Mrs. Kennedy: May I ask why? Mr. Brewer: I have not submitted that, no, ma'am. As to why... Mr. Dawkins: 'Cause they don't have any, that's why. Mr. Brewer: Pardon? Mr. Dawkins: 'Cause they don't have any, that's why. Mrs. Kennedy: Yeah. Mr. Dawkins: OK? They can't submit what they don't have. Mr. Brewer: Mr. Dawkins, would you consider a crippled man in a wheelchair, regardless of his color, a minority? I am in this club. Mr. Dawkins: But ...OK, let me ask you a question. Would you consider me a minority if I lived on... (SOUND OF MIKE FEEDBACK) Mayor Suarez: I think that's God trying to tell us something about this discussion. Mr. Dawkins: Yeah, the Lord is telling us me and you in the wrong pulpit. Mayor Suarez: The Lord is saying this discussion is going nowhere. Mr. DPvkins: No, I consider you a minority. I consider you as a handicapped. I consider you Fs white, and I consider you es having all the damn things you need, becFuFP you're handicapped and white. You have a hell of a lot more going for you than I hFve, not being handicapped and P1ack. Mayor Suarez: We can dispgree with that, but it doesn't seem like that will lead to any particular resolution of this... Mr. Brewer: That. is a... Mr. Plummer: How many members do you have of this club, total? Mr. Brewer: Can we vote now? I mean... Mayor Suarez: No, that's not going to accomplish anything. Mr. Dawkins: Yes, I move that we follow the recommendation of the administration. Yes, I'll vote now. Mayor Suarez: So moved. Mr. Plummer: Well, I'll second the motion, but I still want to ask my question. Mayor Suarez: Commissioner, please. Mr. Plummer: How many members do you have, total, of the club? Mr. Brewer: Right now, active, we rowed over 30 people this past Sunday morning. As far as active participants, we're currently rowing on Snapper Creek Canal, my estimation is, about 110. Now, that's an estimation. Mr. Plummer: But I mean, are these what you would call card-carrying members? I mean, have they paid a membership fee? Mr. Brewer: Oh, yes sir. Yes, sir. Yes, sir. Mr. Plummer: OK. Mr. Odio: Let me provide something here that... Mr. Dawkins: How many of those 110 are Black? Mr. Brewer: No, sir, but about 30 of them are crippled. Mr. Dawkins: Seven are what, now? Mr. Brewer: About 30 of them are crippled. Mr. Dawkins: And you couldn't find no crippled Blacks? (PAUSE - NO RESPONSE) I mean, since you're going to set the criteria, I'm going to help you, OK? Mr. Brewer: No, sir, I did not set the criteria. You did. Mr. Dawkins: OK, I mean, you see, you keep harping on this handicap, so if you want me to go in the ghetto and get you some Blacks in wheelchairs, I'll go get you some if you can't find them. Mr. Brewer: If you vote to disband our lease, it won't matter. Mr. Dawkins: Well, no, no, no - not "if." No, no, no, not "if" - "when." You're using the wrong term of the verb. Because I am going to vote. Mr. Odio: May I proffer something, sir? Fortunately, the City is now starting a rowing program in the Parks and Recreation Department, and I would be glad to offer to them that they, if they want to row, they can participate in the rowing program, and you don't have to build anything, and we get the 74 October 23, 1986 >, land back, and keep it there as good reserve that the City needs in that area, until something else happens, and that you use our rowing programs, as an alternative to what we're saying here today. Mr. Brewer: We probably would be interested. Mrs. Kennedy: You see, that's a very good alternative, because, you see, the City is not in the buginegs of giving awAy valuable pieces of land, and you have certainly not complied... Mr. Brewer: Mrs. Kennedy, you put out. an RFF for that. The City prior to year put out an RFF. That.'s one thing. Mayor Suarez: Yeah, and the City now, advises us that that RFP has not been met with for a long period of time; and you disagree, of course, and you're entitled to disagree. Mr. Brewer: Yes, Fir, obviously I do. One thing that ... you referred to the valuable piece of property. Regardless of what happens to it with the vote of today, there is still no access to that property, and that's... Mayor Suarez: Yeah, how do you answer that, by the way, Al? I mean, if they have no access to the property, how were they supposed to have done the things... Mr. Armada: Well, sir, that's why part of the lease said that they must provide an access road, and they cannot do it. Mayor Suarez: What did you need the actual access to the property for, in this process up to now? Mr. Dawkins: To get to the property. Mr. Brewer: In the process of everything, to use it, period. To use it, period, sir. If you're familiar with... Mayor Suarez: Well, but you weren't using it just yet. You were at the point of getting acceptable plans and specs. Mr. Brewer: Exactly, sir. Mayor Suarez: Why did you need to access the property for, in this period of time up to now? Mr. Brewer: In this period...? Nothing. But my point is, that at this point there is no access to that property. Mayor Suarez: Well, apparently that was going to be part of the whole deal, that you would build an access road. Mr. Armada: Well, they did have temporary access through the stadium, until such time as a permanent access to the facility would be made available. And that was one of the problems that we saw when we reviewed the plans, and we asked them to answer that to us, but of course that was not the result. Mr. Dawkins: Mr. Mayor, I've been through this for six years, I call the order of the day. Mayor Suarez: Let's close off debate. We've got a motion, do we have a second? Mr. Plummer: Yes. Mayor Suarez: Moved and seconded. Any further discussion from the Commission? Let me just make a statement, that had you been - this particular lease been evaluated under the same criteria that another one in the same general area has been evaluated for the last, I don't know how many months, since I've been on this Commission, you wouldn't have even gotten to first base. I mean, it wouldn't even have been close. So, let's ... and my vote's going to reflect that, and I'm going to vote with the motion. But, as indicated by staff and by the Commissioners, we do have a program in which you're welcome to participate. We've - not to give the wrong impression to 75 October 23, 1986 anyone - the City has, for example, wheelchair basketball program, and we really encourage your participation in the rowing program, and we'll do everything in our power to make sure that your members are able to participate. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-858 A RESOLUTION TERMINATING THE LEASE AGREEMENT DATED NOVEMBER 6, 1984, AS AMENDED BY AN ADDENDUM THERETO DATED FEBRUARY 12, 1985. WITH THE AMERICAN BARGE CLUB, INC., A NONPROFIT CORFORATIOI?, FOR THE LEASE OF 30,000 SQUARE FEET OF CITY -OWNED PROFERTY 014 VIRGINIA KEY BECAUSE OF FAILURE OF SAID CLUB TO FERFOFMI A14D ABIDE BY ALL THE TERMS AND COVENANTS OF SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: And, of course, if we put the property out for bids again, you're welcome to participate in that process. 23. NEGOTIATE WITH MIAMI MUNDIAL, INC. - USE ORANGE BOWL STADIUM FOR INTERNATIONAL SOCCER EVENTS. Mayor Suarez: Item 16.1. Mr. Plummer: Mr. Mayor, I would ask that this matter - as you know, I have been chosen to be a committee of Orange Bowl users, and I am looking at this, and I'm concerned about a five-year tie-up, which, of course, we do have an obligation to the University of Miami; but I note in here that, contrary to what was asked when Bethune-Cookman College was here, the rent of the facility for this outfit is $8,000, but we were told on Bethune-Cookman it was $17,000. Mr. Walter Golby: Mr. Plummer, I can answer that. There was no rent being charged to Bethune-Cookman at all. Those were strictly expenses. Mayor Suarez: But you estimated that it would work out to 17, right? Mr. Golby: No, that is total expenses. Mr. Odio: Police... Mr. Golby: No rent. Mr. Plummer: Yeah, but that doesn't —now we get into the expenses of the police over here on the other side. Mr. Mayor, I would appreciate this matter be deferred until the next meeting, till November the 13th, and let me look into this a little bit further. Mayor Suarez: So moved and seconded. 76 October 23, 1986 C Kr. Plummer: I'm concerned about the five-year lock -in, that's wlsat I'M con... Mr. Odio: You might not have to worry about that at all, if they don't get some Rnsrers, I think, soon. Mayor Suarez: Well, tell us about that now. Are we going to be in a situation... Mr. Plummer: Well, OK, let me do it another way, OK? If I'm the only one that's concerned. Mr. Dawkins: No, you're not. Mr. Plummer: Let... Mr. Dawkins: You're not the only one concerned. Mrs. Kennedy: No, you're not the only one. Mr. Plummer: Oh, I'm not? Oh, OK, I was going to say, let me... Mayor Suarez: But I'm also concerned about the countervailing situation here, where they might simply just walk out on us if, we take too long to decide. Is that what you're trying to tell us, Mr. City Manager? Mr. Odio: Let him say. Mr. Plummer: You see, we had... you know, I don't want to bring up the Winter Games again, but I guess I got to. Mr. Mayor, we had what was considered to be the best of the teams that were available at the time, and I got to tell you something, we never grossed $70,000 a game for soccer. And I'm concerned... Mayor Suarez: I'd like to hear an answer on that. Mr. Plummer: And I'm concerned about the fact that they're going to pay us $8,000 minimum, fifteen percent of gross sales after $70,000 - we never reach $70,0001 Then they're talking about a $2,500 flat fee, and they're talking about the major events up to $185,000 the first year, and $250,000 to $300,000 in the second and third year. Mr. Odio: That will overcome the Dolphins' departure. Mr. Plummer: Well, I understand that, and maybe it is a damn good deal for the City, and maybe we do want to lock into it. But I'm concerned about all of the City services; the City's expenses of $35,000; the practice field maintenance of $22,000; $19,000 for...I think I'm backwards on that. I just.. I'm concerned about a five-year lock -in. I really am, because I have to base my concern and my fear on the fact that soccer has just not drawn that well. Now, you know, you can do it any way you want, but soccer just didn't sell in this community, and that's my concern. If I had some guarantee, I'd rather go, and don't talk about these numbers - let them guarantee here what they're talking about. A hundred and eighty-five thousand - give me a check for that, and use the Orange Bowl fifteen times a year, I'm satisfied with that. I'm satisfied. You want to talk about that, let's talk about it, or $250,000 the second year, or $300,000 the third year, but I want my money up front. Now, I'm just concerned that these numbers really don't mean anything, because they're not going to draw. They're not going to draw what you're putting in here in the numbers. And if they don't draw the numbers, all we're going to wind up is $8,000 worth of rent, which doesn't really cover, according to everything that I've heard. That's why I've asked that it be deferred and go further into it. Mayor Suarez: OK. I'm disposed to go with the motion. I just want to hear - are we going to lose out on something here if we defer this item? Mr. Clive Toye: May I speak, Mr. Mayor? Mayor Suarez: Please. Give us your name. 77 October 23, 1986 Mr. Toye: My name is Clive Toye, and I'm the chairman of the board of Miami Mundial, Incorporated, with offices at 1406 Detran Center. With me is Noel Lemon, the president of the company; and I must refer back to - I'm sorry, Mr ... Commissioner Flummer is not with me at the moment. I think it's pointless if I speak until he is finished. Mayor Suarez.: It's all right. The rest ... I'm interested in what you're going _4 to say. Co rhead. Mr. Toye: Well, I... Mayor Suarez: He wants to take some additional time to hear it, but I want to know why we shouldn't. Mr. Toye: We were first intrigued by the possibilities of the Orange Bowl and soccer, in a very brief exposure to the Orange Bowl and the Miami Winter Games. My partner, Mr. Lemon, and 1 did not. hear of the Miami Winter Games until four weeks before the first games. Mr. Plummer: Excuse me. For the record, I am not blaming the Winter Games on you. Mr. Toye: Plo, no. Sir, I realize you're not. I want to try and explain to you the difference between that situation and the situation which we want to bring to the City of Miami. Mr. Plummer: All right, sir. Mr. Toye: It's therefore very important for me to say again... Mayor Suarez: So far, you haven't told me anything related to the question that is holding up these proceedings, which is, why should we not simply wait until the next month until Commissioner Plummer's had more of a chance, and anyone else... Mr. Toye: We have spent ... sir, we have spent the last four months putting together an organization so that we can make sure that the Miami Cup and the other events which we plan are properly promoted and properly presented, and not left to the last minute, as the soccer tournament for the Miami Cup this past February was. We have formed a company. We have Pale as the chairman of the Miami Cup. He will be here. He will speak for the Miami Cup, and for Miami, from the day we get your permission for the next five years - that is his period as chairman of the Miami Cup. He will be here in the City of... Mayor Suarez: Any chance to make that more visible, that you would have him present at a Commission meeting, when this is considered? That would certainly help. Mr. Toye: Sir, if we had known when we could have had a Commission meeting - it was ... you know, it is not the easiest thing in the world to get the busiest athlete in the world to come... Mayor Suarez: Well, but it... Mr. Toye: ... to come at a few days notice. Mayor Suarez: ...it gives us an idea that he really is involved. It's like, you know, Julio Iglesias being involved with the N.B.A. team. We see him around at the... Mr. Toye: We have documents, contracts, with Pele, that he is the chairman of the Miami Cup. He will be here in Miami. He has press quotes ready to go whenever we have the ability to go. We have the United States Soccer Federation, agreed - they are the organizers of four million players in this country, 75,000 of whom are in the State of Florida, 50,000 of whom are in with the immediate area of this place, who have agreed, subject to your -- approval, to use the City of Miami and the Orange Bowl, and other training facilities as the training site for United States Olympic teams, World Cup _ teams, youth teams, womenIs teams; so there's a constant action of participants and events, spectator events, in the City of Miami. We have contracted with three major teams already for participation in the Miami Cup next March. We have an association with the Kiwanis of Little Havana, where we would know via sanctioned events... 78 October 23, 1986 Mayor Suarez: How would you be hurt by our taking up this item the first meeting in November, which is... Mr. Toye: Sir, sir., we want to sell tickets, we have sponsors waiting,... Mr. Gdio: Let me ... let me... Mr. Plummer: OK, wait ... wait a minute. Hold on. Mr. Toye: ... we have press conferences waiting, we have such s sh6fthg6 6t time, sir. Mr. Plummer: Hold on. Mayor Suarez: Wait:, wait, wait. Mr. Plummer: Let me proffer a deal to you. Mr. Toye: Yeah, yeah. Mr. Plummer: OK? How about, to get you off the horns of dilemma, a one-year contract with a performance bond of $185,000? Mr.. Odio: Extendable for five years. Mr. Plummer: And then, if that works out, we'll extend it for another five. How's that? Mr. Toye: How can I guarantee you sums that I can't guarantee to myself, air? Mr. Odio: No, what he's talking about is... Mr. Dawkins: How can you guarantee the five years, then? Mayor Suarez: Well, we're just beginning the negotiations now, I mean, you... Mr. Odio: If we give you a contract for ten games, we need to know that we will get our rent; and if you put up a performance bond of $80,000.... Mr. Plummer: No, no... Mrs. Dougherty: You said a hundred and eighty-five. Mr. Odio: that means that the City will get the rent. Mrs. Dougherty: He said a hundred and eighty-five. Mayor Suarez: Which figure is it, now? Mr. Odio: Well, I mean, whatever the rent. Mr. Toye: I am not guaranteeing in the first year of operation, when we don't have an agreement, that I can put ten major events into the Orange Bowl. I am saying that we have major events to put in there, and I'm supposed to be leaving for Europe on Tuesday to sign Maradonna to come, which would give you _ two more major events, but I can't sign contracts for major events until I know they have the stadium. Sir, if I may say this - if you would give us the right to go ahead, forget the five years, until we've had chance to sit down with Mr. Golby, and Cesar, and yourselves, at another meeting, to thrash that out. The important thing to us... Mr. Odio: Give him one year. Mr. Toye: ...we will not be in business for five years... Mr. Odio: See what happens. Mr. Toye: ...if we're not paying you significant money,... Mr. Odio: We got nothing to lose. t=; 79 October 23, 1986 Mr. Toye: ...because if we can't pay you significant money, we can't do it ourselves. Mr. Plummer: Hey, I have no problem with giving you the go-ahead, as long as you fully understand we incur no liability, if we can't agree on terms. Mr. Tope: Sir, let me... Mayor Suarez: Does that make... Mrs. Kennedy: And as Commissioner Plummer says, that's... Mayor Suarez: Wait, wait, wait, wait. No, no, you wait, you wait. Does that make sense to you, what. we're doing, what he's proposing? Because we don't want you later suing us if it turns out that we can't reach a final agreement with you. Mr. Toye: Sir, we have... Mayor Suarez: We're giving you a green light - it's a yellow light, it's not a green light. Mr. Toye: Sorry, I was trying to answer you, but... Mayor Suarez: But I'm afraid that you're... Mr. Toye: Mrs. Kennedy had her hand up. Mayor Suarez: ...going to go off on a tangent and we're never going to get an answer to that question. I don't want a lawsuit after this. Mr. Toye: We have no intentions of doing two things. One, we have no intentions of suing the City of Miami. Secondly, we have no intentions of asking the City of Miami for a penny. (ELECTRICITY BLINKED AT 5:58 P.M.) (Laughter) Mayor Suarez: There's God again. Mr. Toye: We are doing this with our money. Mrs. Kennedy: See, we get these warning signs every now and then. Mr. Toye: Sorry about that. Sorry - sorry. UNIDENTIFIED SPEAKER: I'm afraid we couldn't hear you. Mrs. Kennedy: We get these warnings every now and then. Mr. Toye: That was probably a shock. that has ever done that. Mr. Plummer: Yes. We're probably the first group here Mayor Suarez: Now, the Commissioner is proposing something that we do a lot, and that we have to make sure that you understand what we're doing, that it's on the record - which is that we give the green light to the City Manager to negotiate with you on the basis of the terms that he has proposed, but we're not giving you, at this particular point, the total green light, and it doesn't give you any vested rights if the negotiations fall through. For one year. Mr. Toye: Fine. I mean, I hope I understand what you're saying - that we are going to have a fair agreement to play the Miami Cup in March, and that - you have to excuse me, Mr. Mayor, that I'm somewhat astonished at this turn of events, when, as I say, we're not asking you for anything except the right to have the chance to start a business, to share our well-being, as we make —' profits, with the City of Miami. We don't want a penny from you, sirl w. 80 October 23, 1986 -M Mayor Suarez: Well, we hear from a lot of people that want to do that with our facilities, and we have to be careful, that's all. Mr. Toye: Put we don't want a penny from you, sirl Mr. Plummer: Yeah, but let me bring tap one other key point, OK7 I would hope that the pdminiptration would take into consideration that the Orange Bowl itself not be uppd far practice, that they use some other facility for practice, and only plpy your grmes. Now, the reason I say that is... Mr. Golby: It's cover-Fd under the agreement. Mr. Plummer: Tt 10 Mr. Golby And Mr. Odio: Yes. Mr. Plummer: Well, the way I saw it here was the... Mr. Odio: No, it's covered. They got to... it's in the parking lot at Curtis Field. Mr. Plummer: OK, wherever it is, other than on that P.A.T. turf. negotiate that one to them. Mr. Toye: That would be normal, sensible use, that's all. Mr. Plummer: Yeah, OK. Mr. Mayor, I will move to send this matter to the administration for final negotiations, and give them a one-year option, at this particular point, incurring no liability by the City. Mrs. Kennedy: Second. Mayor Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Mr. Plummer: And I would like to be directly involved in the negotiations. Mayor Suarez: OK. I would like to be directly involved in the first exhibition that you have. I once made an offer, which I later regretted, to box someone,... Mr. Dawkins: Say "box"? Mayor Suarez: and got knocked around. In this case, I can vision Pele's way out there, and I, as goalie, or maybe Dawkins as goalie - he occupies more space... Mr. Toye: Well, if that's part of the negotiations, we'll certainly take it up with you, air. Mr. Dawkins: No, he fights, he "wrassels," he plays basketball, and now he's going to soccer. Mayor Suarez: No, I don't "wrassel" at all; I don't even wrestle, but... (Laughter) Mr. Dawkins: No, he wrassels, not wrestles. Mayor Suarez: OK. Any further sensible, or not sensible, discussion from the Commission? Hearing none, call the roll. October 23. 1086 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-859 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI Mt7NDIAL, INC. FOR THE USE OF THE ORANGE BOWL STADIUM FOR THE PURPOSE OF STAGING MAJOR INTERNATIONAL SOCCER EVENTS, OFFICIAL• COMPETITIONS OF THE UNITED STATES SOCCER FEDERATION, FOP, COMMUNITY YOUTH SOCCER PROGRAMS, AND AS THE, PRINCIPAL TRAINING; SITE AND HOME OF THE U.S. NATIONAL SOCCER LEAGUE EVE14TS AND PROGRAMS, FOR A Ml]NIVUl", FFRIOD OF ONE ( 1 ) YEAR; WITH THE OPTION TO EXTEND ThE: TERM OF THE CONTRACT BEI14G SUBJECT TO THE SUCCESSFUL, COMPLETION OF CONTRACT NEGOTIATIONS BY THE CITY MANAGER WITH 140 LIABILITY TO THE CITY IN THE EVENT THAT NEGOTIATIONS FAIL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 24. ADOPT "S.W. 27TH AVENUE - A GATEWAY TO COCONUT GROVE: A PLANNING STUDY OF DEVELOPMENT AND TRAFFIC IMPACTS." Mayor Suarez: Item... we're going back to PZ, see if we can go through them, and I think the first one is the Comprehensive Neighborhood Planning Miami, and so on, Plan - which it seems like each time we don't quite get to the end of this. Mr. Guillermo Olmedillo: We would request that you hear Item 5 prior to Item 4, because Item 5 is the study, and Item 4 is the plan amendment itself, and it's the second reading for the plan amendment. So I would suggest that we... that you go ahead and do Item 5 before... Mayor Suarez: I thought Item 5 was dependent on a traffic study, to be performed in-house. Mr. Olmedillo: Yes. Mayor Suarez: And all that's been done? Mr. Olmedillo: Yes, sir. Mayor Suarez: And I'm supposed to have read it before today? Mr. Olmedillo: Yes, sir. It's in your packet. Mayor Suarez: Why didn't you call me last night to tell me that, Sergio? Want to embarrass me? Mr. Olmedillo: The PZ-5 is a request for an approval in principle of the 27th Avenue study, and the plan... Mayor Suarez: What does Tigertail Association feel about the study? Ah, there they are. Good. 82 October 23, 1986 Mr. Olmedillo: The Planning Department has held fifteen... Mr. Plummer: What item are we on? Mayor Suarez: Pi,-5, Commissioner. Mr. Pierce end Mr. Odio: PZ-5. Mr. Olmedillo: rive. Mr. Plummer: What happened to PZ-4? Mayor Suarez: They want to handle - the City wants to handle five, because it's part of the bigger... Mr. Dawkins: Wait a minute. Hold up, now. Mr. Olmedillo: Your is the comprehensive plan amendment, and five is the study itself. So five must precede four. As you know, the Planning Department has conducted fifteen meetings - hearings and meetings - on this issue. In July, you instructed us to go to the neighbors and have a meeting, which we held two of them, and we arrived at a set of conclusions. These were as follows: The improvement on 27th Avenue, that a serious effort must be made for those improvements. The pedestrian character - that those improvements must include a pedestrian atmosphere in order to connect the Metro station to the Dinner Key center, and the village center. The traffic restrictions - the land use, that it should be a unified land use. The intensity of use - the edge conditions that should be treated carefully with a special district. The cross-section of 27th Avenue, which is something which is brought time and time again to be studied, and take full advantage of the opportunities offered by the programmed widening of the street. At the end of that meeting, there were three areas of difference between one group and the other group, and the three areas of difference were... Mayor Suarez: Are any of those resolved now? Mr. Olmedillo: Yes, sir. The implementation of the... Mayor Suarez: OK. Which ones are not resolved, if you could just tell me those. Mr. Olmedillo: There were three residents of the Coconut Avenue that disagreed on any changes, proposed or otherwise. They just didn't want any changes. And there was a proposal made by one of the attendants, that the — payment to acquire the full cross-section of 27th Avenue be made by the City of Miami. That, we did not agree on, because we didn't have the power or the latitude to agree on that. The recommendations - the specific recommendations that we had for it, which are in your packet, basically shows a special district up and down 27th Avenue, from about Tigertail all the way to Dixie Highway, and an intensity of use to the west side of 27th Avenue, to a townhouse development. That's basically what we're proposing. The maximum intensity we propose on 27th Avenue - an F.A.R. of 1.0. And the traffic intrusions were to be studied in the comprehensive study, which is to be signed with the consultant within the next two weeks. The traffic study in itself - I shall introduce Clark Turner, from our department, who was our person in-house who worked with the consultant for the traffic study. Mr. Clark Turner: Mr. Mayor, my name is Clark Turner, of the Planning Department. The study that is in your packet, entitled "Traffic Impact of Proposed Zoning Alternatives - Southwest 27th Avenue in Coconut Grove," is the result of considerable calculation that estimated the existing 1986 traffic volumes, directionality, and the mix of local generated traffic and background traffic on 27th Avenue, calculate additions to the existing traffic, based on trip generation rates, that are based, in turn, on three alternatives for the zoning and build -out of that area. The three alternatives are: if the area were to be built out under the existing zoning regulations, that would be one zoning alternative. The second would be that if the area were to be built out according to the proposed rezoning, and with the development emphasizing a residential and commercial mix, building out to the max that they could on those, or, alternatively, building out to the max on office/commercial mix. As it turned out, those two alternatives were essentially the same in terms of 83 October 23, 1986 total traffic generation. The results of this, the significant conclusions that can be drawn from the study, are, first of all - right now, the capacity of 27th Avenue is, in peak hour, is 90.3 percent used. That is to say, peak hour traffic volumes now occupy 90.3 percent of the existing roadway space. The existing roedwFv space right now is essentially a three -lane section two travel lanes with turn lanF:P, .The proposed future, ar the projected future volumes are based on the impiovFd five--);:nF PPctSon that would be there, it's now est.imatFd, for approximately 1992. Now, the wav tI- proiec.tirns work out are these: if the ..oning along 27th Avenue is „ncranped, and the yropert.ies are built. out to pract.ical maximums under the cy.istine ,,oning rules, under now zoning rules, peak hour traffic volumes will averagF F.bcut 356 vehicles per lane, or about. 59 percent. of the capacity of 27th Avenue, as imprevrd. If the proposed rezoning is approved, and the build -out maximizes a residential/commercial mix, the peak hour volumes are going to go up to about 394 vehicles per lane, or about 05.7 percent of capacity. If the proposed rezoning is approved and built out maximizes the off ice/commercial mix, the peak hour volumes will be one vehicle per hour per lane more, which would be about 65.8 percent of capacity. So, in essence, the comparison is that if the existing zoning were continued, with no change, build -out would result in using about 59 percent. of thri capacity of 27th Avenue during the peak hour. Mayor Suarez: Of losing the capacity? Mr. Turner: Of using about 59 percent of its capacity. Mayor Suarez: Well, wait a minute, let me... Mr. Turner: Of an improved 27th Avenue. Mayor Suarez: Let me ask you a question. Mr. Turner: Yeah. Mayor Suarez: Every time we hear about this 27th Avenue study, we're given as a reason for the study the traffic problem on 27th Avenue. Now, the proposed changes increase the traffic problem on 27th Avenue, is what you're saying? Mr. Plummer: By six percent. Mayor Suarez: Right, by a small percent, but they do increase it, right? Mr. Turner: Correct. Mayor Suarez: So, I'm back to wondering why this study was ever undertaken. Mr. Turner: Well, the difference between what we're observing now, right now, 90 percent of the capacity of 27th Avenue, as it exists now, is in use during the peak hour. The reason the figures drop in these projections is because, approximately 1992, 27th Avenue is programmed to be improved from its existing three -lane section to a five -lane section. Mayor Suarez: Oh yeah, that will be the justification in 1992 to destroy 27th Avenue, quote -unquote to improve it, and widen it, and make it a thoroughfare, which is, we have too much traffic on it, which, of course, we did by the change in zoning! Mr. Turner: Well, without any change in zoning, the capacity of 27th Avenue during peak hour will be exceeded if there is no improvement. Mayor Suarez: When? Mr. Turner: We don't have dates on when these will be. Mayor Suarez: So we figure we'll speed up that process a little bit and make it sooner. Right? That sounds the way you're... Mr. Turner: No, Mr. Mayor, the difference is, without improvement of 27th Avenue, the capacity will be exceeded in the near future. Mayor Suarez: Maybe, maybe not. Maybe people will decide at some point that they don't want to keep using 27th Avenue, I don't know. But we're adding to the problem, it seems to me, by changing the zoning; not subtracting from it. 84 October 23, 1986 I take 27th Avenue all the time. It's the way that I take to go to my lap firm from City Hall. Never found any major problem on it. Mr. Turner: There's one other conclusion to the study that I should mention, and that is that the reduction in per -lane volumes, and the creation of excess capacity on the improved 27th Avenue, will reduce the pressures that now foster traffic intrusion in the adjoining residential. neighborhoods, irrespective of the 7,cning alternative that is adopted. Mayor Suarez: OK, that's a different argument. That's a different argument. Mr. Plummer: By the came percentage? Mr. Turner: And if. ... the point being that, as traffic volumes increase, without any increase in capacity, the pressures build for traffic intrusion in the neighborhoods. If the pressure for additional traffic is relieved by improvement, then there's a corresponding reduction in the pressure for traffic intrusion. Mr. Plummer: But the question then has to be, the intrusion in the neighborhood - is that by the same percentage as what it is on the main thoroughfare? Because, if I understand what you're saying, you're saying that the traffic insignificant if it were to be changed as recommended by the department. Six percent. Mr. Turner: Insubstantial, yeah. Mr. Plummer: It's still not to capacity, like Dixie Highway, I think I'm told, is 212 percent of capacity. OK? Mr. Turner: Just about right, yeah. Mr. Plummer: Now, are you saying that the intrusion into the neighborhood would be based upon the same criteria, of an increase of approximately six percent, as it is on the main thoroughfare? It would be four percent, ten percent? Mr. Turner: No, the —right now, you could say that the relationship between 27th Avenue usage and neighborhood intrusion is that 27th Avenue, right now, runs at 90 percent. Mr. Plummer: Right. Mr. Turner: And there is X number of neighborhood intrusion. Mr. Plummer: OK. Mr. Turner: If the traffic volume on 27th Avenue is reduced to 65 percent of its capacity, there would be a corresponding decrease in whatever X is. Mr. Plummer: OK, all right. So it's same percentage either way. Mr. Olmedillo: If I may add, Mr. Mayor, the basic reason for the proposals are that the area has been changing for the last ten years, which is the time, approximately, that we had... Mayor Suarez: Sure, because we changed the zoning on a lot of the property for the last ten years. Mr. Olmedillo: And in an effort to recognize not only that, we had to recognize the presence of the Metro station - the Metrorail station - and the activities that have been undertaken in the village center, such as festivals and the commercial activity itself, which has been attracting a lot of traffic into that area. Mayor Suarez: OK. We hear from the opponents, the Tigertail Association, 1'— whomever? i Mr. Plummer: Let me ask, for the record. Did the department meet with all concerned parties? 85 October 23, 1986 Mr. Olmedillo: We sent ... As I said before, I stated before, we have held six hearing and nine meetings. Every time, we've sent over 900 notices. During the last three meetings we've had decreasing attendance, and they've gone from about 40 people to about ten people, at the last meeting. Mr. Fltammar: tfv as_yestion is, Ffter this latest traffic survey, which Mr. Turner just spoke to. has therF been a meeting of all concerned parties to discuss this plan, Mr. Olmedillo: V.P invited the same people that attended the meeting prior to that one. Tigertail. Associati.on.... Mr. Plummer: Was there a meeting? Mr. Odio: Yes. Mr. Olmedillo: Yes, yes. Mr. Plummer: Thank you. Mayor Suarez: OK, let's hear from the residents for or against the study. Conclusions of the study. Mr. Jack R. Rice, Jr.: I represent Dr. James Robertson, who owns a substantial emount of property on 27th Avenue on west side, and he owns... Mr. Plummer: Hell, he owns Coconut Grove, what do you mean? Mr. Rice: lie owns a lot of it, yeah. We have some problems. Mayor Suarez: Your name and address, and if you're... Mr. Rice: My name is Jack R. Rice, Jr. My address is 2424 Northwest let Street in Miami. Mayor Suarez: Are you being compensated, Jack, and if so, have you filed a lobbyist's form? Mr. Rice: I haven't filed any form, but I hope I'm being compensated. Mayor Suarez: Then I hope you... Mr. Rice: Haven't been paid yet. Shall I call him up? Mayor Suarez: Then I hope you file the form, and let someone also make a presentation while you file the form. Mr. Plummer: Buffy, you got to out and register. You got to go out and... all _ you got to do is sign a paper out there, that you're a paid lobbyist. Mr. Rice: All right, I'll be delighted. UNIDENTIFIED SPEAKER: That means he's got to pay a fee. Mr. Plummer: Get doctor to sign it also. That guarantees your fee. Mr. Steven Cooke -Yarborough: Good evening. I'm Steven Cooke -Yarborough, 3555 Crystal Court, in the north Grove. I'm a vice president of Tigertail Association, and I'm also chairman of the Zoning Committee of the Miami Civic League. I'm also a "nitpicker." Mayor Suarez: What happened to Thelma? Mr. Cooke -Yarborough: She's working, I think. But a member of the Planning Department described me as a "nitpicker" in today's paper, and I would just like that gentleman and the Commission to understand that in my training and practice as a civil engineer, a full and accurate analysis of all sides of an argument should be looked at... Mayor Suarez: That's not the worst thing you can be called around here, let me tell you. 86 October 23, 1986 Mr. Cooke -Yarborough: Right, OK, but I'm just pointing out... Mayor Suarez: I'd leave it at that - that's not bad. Mr. Cooke -Yarborough: Right, OK. Right, OK. Mr. Plummer: 4'eli, heli, that's not half as bad as that idiot that wrote a letter to the editor of the newspaper, so don't worry about it. Mr. Cooke -Yarborough: That`s right, yeah, don't. worry about it. OK. But what I want to bring up - we've been through this thing many times, so I just want to come tip to what. the conclusions as the Tigertail sees it. We have concerns. One: we would like to see 27th Avenue cleaned up. It's untidy. But this is partly due to the Gity's r..wn problem of taking property before ... and developing bits of sidewalk before they develop the - street. We do not necessarily believe that it has to become a great 'Viq boulevard - I think that needs study. We do want to see whatever that's done with it, that keeps its arboreal atmosphere, and doesn't become a rather formal street. Secondly, we feel that the changing of the Iand use from residential/commercial would adversely change the character of the north and central Grove, in which we, the residents, live. Our third major concern was that of traffic infiltration, present and future. Now, at the last meeting that this was referred to - July 22nd, I think it was - a traffic study was requested. This traffic study has been presented to you. There are studies and studies - I'm a "nitpicker." Several points: The actual computations, for the uninitiated, are quite hard to follow, but from it I get the impression that, first of al.1, the 1986 figures that are given here are extrapolated from one -hour counts in the morning and the afternoon. OK. The figures do not seem to include the natural. increase of traffic that's passing through the area. In other words, it goes up so much every year. That's not been added to the traffic that they've added. The least increase of traffic from the proposed developments - those are the figures they've dealt with - obviously comes from containing the zoning the way it now is, and that's 8.7 percent average. If you go to the full development, the maximum development, the department has been proposing, in the south section - that's from Tigertail to Bird - the traffic would increase over what's there now 145 percent. That figure wasn't given to you. It's in there, in your package. Their mathematics, which I don't question, show a reduction in capacity resulting from more lanes, and it's only valid if the traffic can move. If we've got lights at both ends that don't change, don't give any more green time, to get more traffic out, you're not going to move that traffic any more. All you're going to do is make a wider traffic jam, and shorter than now occurs. Unless this traffic is moved out faster, it'll continue to cut through the neighborhoods. That's why it cuts through the neighborhoods now. They get tired of waiting for the light. If you ... all of us, if you can dodge a light, you take another route. Now, we asked that a plan be developed to prevent this happening, now and in the future. We have not had this plan. There was no mention, except in the statement, that if you've got ... let's see, "if you reduce pressures on the traffic intrusion in adjoining residential neighborhoods, irrespective of the zoning alternative adopted, will be less if the capacity of 27th is increased." Yes, that's all right, as I say, if it can flow. But if you've got a pipe and you block both ends of it, the water's going to come out in the middle, whether you've got a lot of water coming out or a little water coming out. And this is what we're worried about, and so far, this has not been addressed except for the negative statement that it's not goii.g to happen. Now, the next thing we're concerned about is zoning. This, after all, is a study to change the comprehensive plan - not the individual zoning of every lot, because that has to be done after the comprehensive plan has been adopted. Now, in February 185, June 185, and August 185, the Planning Department recommended against rezoning on 27th Avenue, on three separate lots. Their recommendations were overruled by the then Commission. Tigertail objected to the rezoning and supported the Planning Department's position. However, in September '85, the Planning Department took a 180-de... Mr. Plummer: Mr. Yarborough. Mr. Yarborough, isn't it important that you state the reason why they recommended denial? I think it's very important, - sir. Mr. Cooke -Yarborough: They recommended... 87 October 23, 1986 Mr. Plummer: As I recall, their recommendation on those three items was based upon the fact that no rezoning should take place until the comprehensive study was done. Their denial did not indicate that the zoning was bad, as you are indicating. In fact., they recommended "don't do any rezoning until you do it all" th,-t.was their recommendation. Mr. 4'eII Mr. Flurnm,�r: And this Commission overrode that, yes sir, on three occasions, saying that we feit it was in compatibility with what was going to be recommended. So, to make a statement that this Commission overrode them three times, based on their denial - what is their denial? It was to wait until the study was completed. And I think that's very important. to put in the record, sir. Mr. Cooke -Yarborough: Very good, sir. But I might also point out that conversations had by me, with members of the Planning Department at that time, said thattheir initial studies did not indicate that zoning would be a good idea. And that was with tars. Swanson. Mr. Plummer: Yes, sir, they stated that on the record here: it was not a good idea to do it piecemeal; that they wanted to do it in its entirety. And that was on the record, sir, the public record. Mr. Cooke -Yarborough: trio, I'm saying that they said... Mr. Plummer: Sir, I'm not privileged to conversations that you had with individual staff members. Mr. Cooke -Yarborough: OK, right. OK. Then... Mayor Suarez: Can you try to summarize, Mr. Yarborough, so we can... Mr. Cooke -Yarborough: Yes. In summary,... Mayor Suarez: I'm afraid your nitpicking here might go on for a while, and we'll never get out of here. Mr. Cooke -Yarborough: Well, I wouldn't have got into nitpicking if my train had flowed on. Mayor Suarez: We have to un-train you. Mr. Cooke -Yarborough: The new plan that the Planning Department came up with was presented and the Civic Club, the Coconut Grove Civic Club, objected to a part of it, as a result of which the proposed rezoning was withdrawn from Mary Street to Center Street. Tigertail objected to some of the rezoning on 27th itself. We continued to object. At the May 22nd meeting, the Commission directed that at least two workshops be held, presumably to reach a satisfactory compromise. July the 22nd we notified the Commission of the compromise that Tigertail was willing to accept. By courtesy of the Planning Department ... I have an overlay that shows that. Mayor Suarez: We know most of the history on this. Mr. Cooke -Yarborough: OK, this is still our position, because... and I would just run through why... what our position is. Basically, you can see, we have virtually no argument north of Bird Road. On the RO-2.15, the Planning Department wants to increase the density. If they have to, we'll go with it. Our main change is that, the residents along the south side of Coconut Avenue do not want the change, and I think they're here and will support that, so we would suggest not making the change along the south side of Coconut Avenue. SPI-2 is an existing commercial area that's already approved. We would suggest that you extend SPI-2, that one lot, on its north side, because if _ it's left as an RO, you've got a single little lot which you really can't do anything with, and it would be contiguous to SPI-•2. however, for the rest of the area, Tigertail...3rd Avenue to Tigertail, or really Lincoln and Day, we request that the RG-25 be retained. The Planning Department itself says that in the whole area there, there are only 22 properties - 22 percent of the properties are likely to be redeveloped. That means 78 percent are not likely to be developed. And yet- we're talking about changing the zoning, and that's the whole area, and there's even less in the southern section. That means we're talking about changing the whole area for the minority of the landholders. We have 27...27 condominium owners in the southern section. We have 12 landowners, other than condominium. Most of the condominium owners - I think there are some of them here tonight, will tell you they don't want the changes. They want to keep their condominiums, because that's what they've got their money ir.!z-ested in, and they lire there. Vhat we bare suggested here is expanding the Pr-25. The reason for that is, with the widening of 27t.h Avenue, the lots which 11red to be 15o to l/,0 feet wide will be even shorter in depth. They're narrow. Jt's verb' cifficult to put a feasible building, or a decent -looking building, on top of a smell Jot. ATow, this has been shown, and the Mayor asked the department to make a study of a development of a potential lot - or that's what they did for the Mayor. Mayor Suarez: We've got you clocked at 21 minutes. You're just going to have to finish up, summarize where were you when we needed you? UNIDENTir m SrEAYER. Illy car... Mayor Suarez: He's nitpicking - he told us that. He warned us, and he went ahead and did it. Mr. Cooke -Yar.bor.ough: Mr. Mayor, I'm not nitpicking. I'm giving you the reasons why Tigertail. is suggesting these changes in the department plan. Mayor Suarez: Well, can you just do it a little quicker, please. I mean, really, this red light's going to fall off of here. (Laughter) Mr. Cooke -Yarborough: OK. Um... Mayor Suarez: You know, we've heard most of these arguments before, and I think... Mr. Cooke -Yarborough: Well, I'm just summing them up. OK, righto. Mayor Suarez: ...the Commission's going to have to just take a vote sooner or later on the 27th Avenue study before it comes back to us. Mr. Cooke -Yarborough: Well, one thing we'd like you to do is not take a vote on the change; or if you take it, don't make the change until the master plan has gone around one more time. The reason for that being that under the present comprehensive plan, there is no provision for RO. There's provision for CR, which is commercial/residential. Once this plan has been up to Tallahassee and back again, RO will be in. Now, what's being proposed here, in our scheme and in the department's scheme, is RO, not CR; and therefore, if you pass it and that gets put on the map as CR, when you want RO, the landowner's going to want the Commercial section. We therefore ask you to accept our proposal for the changes. Mayor Suarez: Thank you. I sent back a memo to the Planning Department - actually to the City Manager - on the Planning Department's answer on my quantitative comparison between the two kinds of zoning, and I just want to read it to you and read it into the record as...I think it's dated today. Ms. Hirai: Um-hmm. Mayor Suarez: It is dated today. It says: "Thank you for the quantitative analysis you enclosed. It proves two things. Number one - there's hardly any difference between the two zoning classifications in terms of the density permitted." You tried to convince me otherwise. "Of course, the use changes, which is why many residents are opposed to it. Two - the existing system of classifications is so complex, it is almost unintelligible, although I must compliment the Planning Director for the comparative analysis, without which it would be totally incomprehensible." At least, with those kind of comparative analyses, we have an idea of, you know, how much density we're talking about, and they're very useful, those models. Still, the entire thing boggles the imagination, how complex it is. You want to try to deal with it, Jack? 89 October 23, 1986 Mr. Jack R. Rice, Jr.: I'll try. By the way, we've been to a lot of these meetings, and we haven't accomplished anything, but. we've been there. I want to get to 27th Avenue, and I've told you this before, and I'll repeat it, that the street is just. too Fide. 1.That 7'm going to do is get me a Ferrari and just put it. in high gear anal shoot down this new hundred -foot hiphkay, because it's not needed in the Coconut. Grove. It's just poing to be Proth- r place to speed down the street to pet to nowhere. They've pot a 22-foot center strip in there, that you ... that's pupposed to be for turns. pew. they- spy you can't go into the residentipl area on each side of 27th Avenue. Put if you've got a 22-foot. median strip, I assume they're going to ha-,'e turns, and if it is, it's going to be turning into these other streets, so you're going to turn traffic off of 27th Avenue into areas that can't handle it. now. Not even wide enough. If you send all this traffic down to Tigertail in the morning, in the morning coming out: it won't make any difference; but in the afternoon going in, it's already full. You can't. put another car on Tigertail. You can't put another car down McFarland. If you send it down to Bayshor.e Drive, you can't get into McFarland. And if they turn north, and nobody's turning north in the afternoon - they're all turning south or southwest - there's just no place for the cars to go. I'm all for improving 27th Avenue and so is my client. But a hundred -foot roadway, like they've got proposed, which has been on the books for a number of years, and I. have a letter from the Engineering Department that I previously put in the file, is just too much roadway. I think we need some beautification there, but we don't need a hundred -foot road to nowhere. It's only going to be a short distance. And why do you need a 22-foot turning radius, or turning lane, in there, I don't know. And what you're doing is, you're going to so-called improve the zoning along 27th Avenue, and then you're taking away a substantial amount of the parking and the uses that the people have in the front of the building, that they'll no longer be able to entertain. I think we ought to do something like we did on Southwest 8th Street - beautify the place, but don't make it a hundred -foot -wide street. It's just totally unnecessary. Mr. Plummer: Jack, you are well aware that the City doesn't control that. Twenty-seventh Avenue is a County road. You know that. Mayor Suarez: We're not deciding that today either. Mr. Rice: I've been through that, in my years, with all the cities, but I'll tell you, you can stop them if you want to... Mr. Plummer: Jack... Mr. Rice: ...and the plan that's before the County at this time, or the State - you have to file it with the County and their Comprehensive Gas Tax Roadway Money Plan - is the one that was given by the City. This wasn't the County's plan. This was the City's plan we sent. You can change it, just like you submitted it. You know, the same thing occurred with 67th Avenue and 57th Avenue. They haven't built it yet. Why? The people don't want it. Mr. Plummer: Jack... Mr. Rice: They want them to change it. Mr. Plummer: I fought on Bird Road like a tiger when they took the 18 feet of my front yard. _ Mr. Rice: Well, then, you know how it is. Mr. Plummer: And I lost. Mr. Rice: Well, I know... — Mr. Plummer: I lost! Mr. Rice: ...but that's the County, see. Mr. Plummer: Because, you know why? No, it was the State. Mr. Rice: Well, this... Mr. Plummer: And they said, "Fine, Mr. Plummer, we think that's great," and they went ahead and built the damn road. Now, I think your argument makes fd 90 October 23, 1986 some sense. Do we reed a hundred -foot road? But that argument is not here. That argument's going tc be with the County, who maintains that...and that's something else I went to talk about, 17th Avenue - my car's about to fall apart because cf it. Put, Jack, that argument is not here. Mr. Rice: I'm going tr do it everywhere. Mr. Plummer: Vell. Votr'xe going to do it at the County, because they're the ones who pre Bring to cnntr^l "yes" or "no." Mr. Rice: vrij, I went you to Fgree.... Mr. Flummo r: And I went to. tell you, I agree with you, a hundred -foot road is absolutely ridiculous. pow, I disagree with Cooke -Yarborough, because in his presentation, if you listen to what he says, he's right, but he's wrong. The County controls how long those traffic lights are green, and how long they're red, OK? And if it stays As it is today, then Mr. Yarborough is right. But, hopefully, they're going to change that, pipe that he speaks about, and open up more flow of traffic, and there is going to be a lesser degree of confusion. Now, I'm. saying to you, yes, I agree with you - I don't think an 80-foot or a hundred -foot road, with a 22-foot median, is necessary, OK? I'd rather see more grass than asphalt. But, Jack, the argument on that is not here, it's in the County. Mr. Rice: Well, then, disapprove their plan today. Mr. Plummer: Disapprove who's plan? Mr. Rice: The City's plan on... Mr. Plummer: That's not the City's plan. Mr. Rice: ...widening 27th Avenue. Mr. Plummer: It's not the plan. Mr. Odio: It's not submitted today. Mayor Suarez: OK, I gather... Mr. Odio: It's not submitted today. Mayor Suarez: I gather that there's some people who want to speak in favor of the plan... Mr. Odio: There's nothing we can do! Mayor Suarez: ...of the study? Can we arrive at one representative of the group, or two, or something? Mr. Rice: One thing I might say about the plan on rezoning, on 27th Avenue and on Aviation. You got that overlay district that restricts the height. If you're going to make it more of a commercial use, you ought to increase the height to 50 feet to make it practical, so that you can develop that property. You can't develop it at the 40 feet level. Mr. Plummer: Well, forty feet is four floors. Mr. Rice: That's right. You need five floors. Mr. Plummer: And you can get one underground. That's 50. Mr. Rice: I mean up, not down. Mr. Plummer: You're still going ... you're going to try to get the ten under. Mr. Rice: We're going in the wrong way. You've been going Mayor Suarez: Are you in favor or against the conclusions of the study? fd 91 October 23, 1986 Dr. James G. Robertson: I'm ... Mr. Ries is my attorney. I'm Dr. iamb Robertson. Mayor Suarez: Oh, OK, Doctor. Dr. Robertson: I'd like to continue his train of thought for a moment,... Mayor Suarez: If you must. Dr. Robert.Fon:....with your indulgence, please, sir. I own three pieces of land just south of Shipping, on the west side of 27th Avenue, a little over 300 feet frontage. And All of these are two-story high, rental apartments, and widening this thing to 300 feet is going to virtually take off the front of these buildings, practically. Mr. Plwnner: Wait: a minute, Doctor - widen what to 300 feet? Dr. Robertson: The street, the 2,200... 22-foot street you now have... Mr. Plummer: A hundred foot, Doc. Dr. Robertson:... To a hundred feet, is virtually going to take off the front of the buildings. Mr. Plummer: No, but you said 300 feet. Dr. Robertson: I mean, it's just totally unpractical. Mr. Walter Pierce: No, no, wait. Dr. Robertson: I mean, it's virtually destroying these buildings as far as their present usage. Mr. Pierce: If, if, if... Dr. Robertson: I'd like to...I don't object to somebody else doing this, but I don't like to pay for somebody else to... taxes, when I can't use it as that. These buildings are too good to take down, and they're needed as residential rental units, which they are. And I don't mind somebody... Mr. Pierce: For the record... Dr. Robertson: ...any height you want to go, or whatever, I would like to please consider what you'd feel like if you lived in one of these apartments, and suddenly a road moved up and took all of your parking away from you, so that you couldn't use your building any more, and you couldn't park. It's going to make it ... virtually create a slum area in that area. You don't need a 22-foot median landscape thing. Why don't you narrow your road down somewhat, make a compromise, and allow us some room to do landscaping on the land that we have, and keep our parking. Thank you. Mr. Plummer: I agree. Mr. Pierce: Just for the record, I believe Dr. Robertson's buildings already observe the 100-foot zone right-of-way width, and the road would not be increased from a 22-foot width. It is... presently that right-of-way is what - 70 feet? UNIDENTIFIED SPEAKER: Seventy. Mr. Pierce: Seventy, in there now. So you're talking an additional, if it went to a hundred -foot width, an additional fifteen feet on each side. Mr. Plummer: Yeah, but Walter, a hundred -foot right-of-way, even with a 22- foot median, leaves you roughly 80 feet. Are they proposing an eight -lane road? Mr. Pierce: No, no, Mr. Plummer. Mr. Plummer: Well, what are you proposing? fd 92 October 23, 1986 Mr. Pierce: If you will recall, that the Commission, in prior years, had wanted the road built wider, with landscaped areas in the roadway, and with a wide pedestrian walkways anal bike paths, etc., in that area. The County has long been on record FAying that, based on the current right-of-way, if they had to go in And guild today, it'd be a 70-foot road. Mr. Plummer: Sc it would then be, what. - a three -lane with a median? Mr. Plummer: No, it. would be five lanes. Two traffic lanes and a turning lane in the center. Mr. Plummer: 0K, but that's the median. That's what I call the median. Mr. Pierce. But it would have a median, yes. Mr. Plummer: OK. Mayor Suarez: Superhighway. Mr. Guillermo Olmedillo: Like 27th Avenue is on the north side. That is what we don't want. We don't want 27th Avenue north of Dixie - we want something that leads into pedestrian traffic and it's attractive to the pedestrian traffic. Mayor Suarez: So you change the zoning so we have more traffic, OK. On 27th Avenue. Somehow, the logic escapes me. Let's go ahead and hear from all the presenters. Mr. Alan Dale Mobley: Alan Dale Mobley, 3300 Rice Street. I'm going to be real brief, Mr. Mayor, and Commissioners. I'm here to urge you to accept and adopt the plan of your Planning Department, and I'd also like to compliment the entire staff of the Planning Department, Public Works, and the Legal Department. A lot of thought, a lot of studies, and certainly, we all know, a lot of meetings have gone into this. You have the opportunity of supporting a study derived by professionals on the City staff, that will lead to an improvement on 27th Avenue. And if you would take a minute, Mr. Mayor, and read some of Mr. Turner's conclusions that were presented at our last meeting, at which Mr. Cooke -Yarborough and others were at, you will realize that one of the conclusions was, that the change in zoning will not substantially contribute to the traffic load on 27th Avenue. I'll let Tony Marina address that issue in a minute. Anyway, that's all I want to say. I think that this is a chance to support the Planning Department, in a very...a study that has taken a long time, they've done considerable work on. And this is the opportunity to give Coconut Grove a true gateway. And I would like to know, Mr. Mayor - maybe you would like the traffic to go down 17th Avenue and 22nd Avenue, and more traffic on Tigertail, as opposed to using 27th Avenue, which has evolved as a natural arterial gateway into the Grove. Thank you. (Applause) Mr. Plummer: Let me ask the City Attorney. Madame City Attorney, can I legally attach, if this thing were to pass, that that road is not to exceed width of 70 feet? Can I attach that stipulation? Mrs. Dougherty: You can attach that as a stipulation to your plan, but again, we don't necessarily have control over that, if someone's... Mayor Suarez: We can certainly pass a resolution to the effect that, you know, D.O.T. be advised not to try to... Mr. Plummer: Right. But it's not D.O.T., I don't think, is it? Mr. Olmedillo: No, it's Dade County Department of Public Works. Mayor Suarez: Dade County. Even closer to our hearts, here. (Laughter) Mr. Plummer: Yeah. Where we never win. Mayor Suarez: Tony. Name, address, and so on. fd 93 October 23, 1986 Mr. Anthony G. Marina: Good evening. I'm Anthony... Mayor Suarez: If you represent anyone, if you're compensated, you're supposed to file a form. Mr. Marina: I'm Anthony G. Marina, 4800 Fine Drive. I'm the ... I still think I'm the president of the Grove Gateway Association. And we're not being compensated, we're being aggravated. 7'd like to just be very brief, and I want to clarify a few things. Perhaps some things that, I think, the Mayor might not. have been that familiar with. So, I'm in a way addressing myself to the whole Commission, but in particular to i!ayor Suarez. The reason this study was started, and the reason that the change of zoning is proposed, is that after ... in that. small middle section, having three changes of zoning, one after the other, which the Flanning Department had to oppose, because they were not in accord with the master plan, it, was requested from some of us, the property owners, who were on our way to request. changes of zoning, if we would be willing - and the Civic_ Club was one of the ones who said, "Could we have a study?" - would the owners be agreeable to having a study, and would you comply with the study? We formed an association, I think we have attended 16 or 18 meetA ngs, and finally the Planning Department came up with the study, which we are very much in accord with. In particular, the one thing that I would like to clarify - the reason everybody says, "change everything else but don't change the middle," is that the middle is the only thing left to change. The rest is already R0. It was mentioned here that we're going to be changed to CR. We're going to be changed to R0. That area is getting to be pretty derelict. With the new tax code that was just enacted... Mayor Suarez: Area's getting to be pretty ... what? Mr. Marina: The area's pretty derelict already. That center core, OK? I'll let somebody else address that. But, the one thing that I wanted to point out is that there have been some people that have come up and have drawn some conclusions that could be called empirical, rather than going by the facts. Twenty-seventh Avenue, at 8:00 o'clock in the morning, picks up 104 cars on South Bayshore. By the time you reach Tigertail, you have 124 cars. As soon as you cross Tigertail, you go up to 217 cars; i.e., you have doubled the volume on 27th, and you have picked it up from Tigertail. And I would like for the Tigertail Association to note this: 27th Avenue is acting as your relief valve. Yes, you're empirically looking at cars coming down Tigertail, and you're saying you have a problem; but if 27th Avenue was not there, you would have 100 more cars trailing past you. When you get to Bird Road, you're up to 320, meaning that cars keep coming in to 27th Avenue. As you cross Bird Road, you're up to 382 cars. Now, obviously, people are not coming from Dixie to Bird to go back up, so obviously they're coming through Swanson and going out 27th. It's a single lane. It's taking out of Coconut Grove 382 cars. If 27th Avenue is expanded to 70 feet - a lot of people don't go to the technical meetings. What was agreed was 70 feet. We will donate the feet that are needed. The other 15 feet will be either a wide sidewalk, with planters - whatever you want to do, but it's up to the property owner - but I think what we agreed was, you would control it. It's sort of your property; it is not street. It is a wide sidewalk, it's got planters, but it's only 70 feet. But anyway... Mayor Suarez: Wait, is that a proposed agreement, with all the abutting property owners? Is that what you're implying? Mr. Marina: Our association stated, as far as the owners that were getting the changes in zoning, and I cannot speak for all of them, but a great majority of the owners agreed to the 70 feet, and agreed that we would give the other 15. In fact, I've already given part of my 15 in some cases. I have no choice. Mayor Suarez: That's a dream, Tony. I mean, it's a nice dream, but it's a... Mr. Marina: It isn't a dream. Mrs. Kennedy: Tony, how many members do you have? Mr. Marina: Huh? Mrs. Kennedy: Tony how many members do you have? fd 94 October 23, 1986 Mr. Marina: About 60. We had. Some died. (Laughter) Anyway, I just want you to... Mr. Plummer: Please, on the record - I did not bury any of them. Please, please. Here I thought I was... (Laughter)' Mr. Marina: Let me see if I can finish quickly. What I was saying is, you're getting 382 cars going out, at 8:00 o'clock to 9:00 o'clock in the morning, on a one-lene street. If. you amplify the street, if you go to the four or the five lanes, more people are going to start shooting up 27th, then down Tigertail, and another error - when you get to 27th Avenue, I don't care - and you're an engineer if the light is 15 seconds or 30 seconds, if You've got one lane, you're going to get X amount of cprs. If you've got three lanes and two turning ],ones, which is what you would have at 27th, in that same 15 seconds, you're going to move four or five times the volume of cars, and Mayor, you know that is a correct engineering conclusion. And with that, I thank you, I thank the Planning Department. I must say it has been fun. Thank you. (Applause) Mayor Suarez,: Thank you for your presentation. Hopefully this concludes the different presentations for and against 27th Avenue study and we can get on to the comprehensive master plan, if we're going to get on to it or not, or postpone consideration, or whatever we're going to do, and move on to the rest of the items. What is the Commission's pleasure? We certainly heard about this enough times. Mr. Plummer: Go ahead, Mr. Campbell. Mr. George Campbell, Jr.: May I address the question of the right-of-way and so on? At the present time, it is correct that it's a County roadway. We have discussed it with the County. Their original proposal was for a standard 70-foot County roadway through there, which means that it would look like 22nd Avenue north of the highway. The proposal that the City, for years now, has been considering and working toward, with the hundred -foot right-of-way, which has been zoned that way for at least 30 years that I know of, is that we would have the median, we would have two lanes of traffic, and then provide for the landscaping on the sides, plus a wide sidewalk, which may or may not include a bicycle lane. That's, you know, flexible. We arrived at that - Department of Public Works arrived at that - in concert with the Planning Department, and in discussing it with some of the people, and other people in Coconut Grove, they want that kind - they did, anyway, want that kind of an entry, a beautified entry into Coconut Grove from 27th Avenue. The zoned street - we call it zone street; the base building line width of 100 feet is a matter of an ordinan-e. It's on the books, it's in the Code. Just, you know, 70-foot, everybody talks 70 feet - it's 70 feet from back of curb to back of curb, under the proposal. The County said they would build it that way, with the median, if the City then would go ahead and provide the additional 15 feet on either side. Mr. Marina has said that they... that generally, the group that he represents, anyway, has agreed that they are willing to do that, to dedicate that to the public. The City would provide the sidewalks and the landscaping. We would end up eventually with a four -lane roadway, wide median - you need the wide median so that at major intersections, where you have a turn lane, then you can, as they call it, shadow the turning vehicle, so that he's not opposing traffic. Whereas, on... as you know, on 22nd Avenue, and 17th Avenue, you get in there on that turn lane, and it's a little bit ... a little frightening sometimes, when they come running down toward you. So that the overall plan that has been developed over the years, we think, Planning Department thinks, and I hope the majority of the Coconut people who are going to be working with it in Coconut Grove, agree: this will work. Mr. Cooke -Yarborough mentioned something about increasing the traffic, I think he said 143 percent, something in that nature. That's true, but we're increasing the capacity by 200 _ percent, so that you have a net loss there. The business of the signals - I personally have gone out and observed the traffic today - not today, I mean in this period of time - at the signalized intersections - Bayshore Drive, Tigertail, Bird Road. I did not go with Dixie, because I know at that point everybody has a problem getting across. But at the other intersections which are of prime concern to the Grove, the traffic cleared the intersection on the green signal, in each direction. So that, it is not a question of funneling a fd 95 October 23, 1986 whole lot of stuff through a pipe and then having a blocked end. Yes, you have a signal; but thatsignal, then, allows the traffic to come through in groups, in platoons, without having it strung cut all along; so that, in that way, then, there is a period of time when traffic from the side streets can get in, mare vhF.tever turns they need to... or- even get across. So that, you know, -F wnul(i support the FlFnning %)epart.rmentvp wo.06 support the changes in zoning, because statist.ic¢lly they do not adversely... will rot adversely affect the ultimate 77th ttvr, ,,e, Mr. Plummer: Well, wh...are you saying to me, then, if I put a stipulation in there of a maximum 70-foot road, you'd have s problem with that? Mr. Campbell: Yes. We wouldn't have ... we wouldn't be able to develop it, the way it should be developed. As I said, it would look like 17th Avenue or 22nd Avenue, Mr. Plummer: Yeah, but look, here's... Mr. Campbell: With nothing on it. Mr. Plummer: The point is, and you know and I know what happens in these things all of the time between the City and the County. Right now the County doesn't own the property, and the City doesn't own the property, OK? And the problem usually boils down in the final analysis where it never gets done, because the County won't pay for it and the City doesn't have the money. Now, are we not over -fear of the thing that will never be a reality? Why not speak to it today and get it behind us? If, in fact ... can we ... Madame City Attorney, can we place a stipulation, if this is approved, on, each person must have, or given, as Tony spoke, the 15 feet, or they don't get their zoning change? (INAUDIBLE COMMENT, OFF MIKE) Mr. Plummer: Well, but you see, you don't represent each and every owner, OK? That's the... Mr. Campbell and Mr. Pierce: Mr. Plummer... Mayor Suarez: Can we make that dream into a requirement, is what the Commissioner is... Mr. Plummer: Can we require that every owner must donate that, or he does not get his zoning? Mr. Campbell: May I...well... Mrs. Dougherty: Well, again... Mayor Suarez: Everybody wants to answer at the same time. We got three. Mr. Campbell: Well, there is a provision... Mayor Suarez: I hope you all agree. Mr. Campbell: ...on the books that before they can get a building permit for anything,... Mr. Pierce: Anything! Mr. Campbell: ...for anything!, they have to donate the additional right-of- way. Mr. Pierce: Absolutely. Right nowt UNIDENTIFIED SPEAKER (OFF MIKE): Right now. Mayor Suarez: I still might want to build in a resolution on your motion that says that we want the County to understand our concern about making it into a hundred -foot thoroughfare. I mean, it's just a resolution. God knows what effect it will have, but it might have some effect. It certainly tells our City staff how to deal with the County and how to try to convince them. Commissioner? Any... 96 fd October 23, 1986 Mr. Plummer: I am very much in accord with that. Mrs. Kennedy: I have no problems, either. Mayor Suarez: Is t.hat...you want to make that in the form of a motion? Mr. Campbell: Mr. mayor. Mr. Plummer: Well, I think, well there's not a motion to be made until the main is passed first. Mr. Pierce: Yes, but., just for your information, I believe this Commission has already passed a motion several months ago to that effect, urging the County to consider that. We can research that and advise you definitely, and then you can convert it to a. resolution. Mayor. Suarez: No, at the time, what I wanted to do is not to have any work done on 27th Avenue at all, and I'm willing to go with a compromise that says only to 70 feet. Mr. Plummer: I'll offer that in the form of a resolution. Mayor Suarez: Including the acceptance, also, of the 27th Avenue study? Or you want ... you're going to go one... Mr. Plummer: You mean the traffic study? Mayor Suarez: No, the item, the item that we're concerned... Mr. Plummer: You're speaking about PZ-5? Yes, air. Mayor Suarez: Right. Mr. Campbell: PZ-5, yes. Mr. Mayor, could you specify a roadway width of... Mr. Plummer: Yeah. Mr. Campbell:...of 70 feet? Mayor Suarez: Seventy. Mr. Plummer: Not to exceed 70 feet. Mayor Suarez: We can't be mo_e specific than that. Mr. Campbell: Well, as opposed to right-of-way width. See, right-of-way would be back of sidewalk to back of sidewalk. The roadway would be back of curb to back of curb, which would allow for the two lanes with a divider in the middle, the median in the middle. Mayor Suarez: We're envisioning 70 feet of roadway and 15 feet on each side of... Mr. Campbell: All right. Mayor Suarez: ...- additional, you know, pedestrian, or whatever. Amenities. Mrs. Dougherty: Right-of-way. Mr. Campbell: Fine. Mr. Pierce: Right. UNIDENTIFIED SPEAKER: Can I say one sentence? Mayor Suarez: One sentence? I'm going to hold you to that. UNIDENTIFIED SPEAKER: One sentence. Mayor Suarez: No more nitpicking. fd UNIDENTIFIED SPEAKER: OK. Mr. Fierce: A lot of commas, though, right? A lot of commas? UNIDENTIFIED SFFAYEP: ETo, no commas. I would like you to consider barricades which would protect the resident of north Grove from this new proposal. Block off the streets. 1'd live to iust have that in the record. Mayor Suare,: G'r- ran s1_1re35- tFkP that up at another time, but we're not going _ to do that toc'a}, as le can imagine. Mr. Plummer: i'eah. Excuse me, let. me tell you how you go about that. You get a (croup or, your rssidents there - Ol;? - just as they did in Belle Meade, just as they did in others, Fnd you present it to this Commission, any kind of a problem that you hive, Pnd then this Commission will agree or disagree with you, and ask that the Metro Dade County, who is in charge of that, do or not do. UNIDENTIFIED SPEAKER (OFF MIKE): So it's Metro. Mr. Plummer: Metro. Mee-tro. Mayor Suarez: It's a motion and a second. Any further... Mr. Plummer: As amended. Mayor Suarez: As amended, with the proviso of the 70 feet maximum roadway width. Call the roll.. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-860 A RESOLUTION APPROVING, IN PRINCIPLE, "SOUTHWEST 27TH AVENUE - A GATEWAY TO COCONUT GROVE: A PLANNING STUDY OF DEVELOPMENT AND TRAFFIC IMPACTS" DATED AUGUST, 1985, AS A++. GUIDE FOR ZONING ACTIONS A14D TRANSPORTATION IMPROVEMENTS IN THE AREA BOUNDED BY SOUTH DIXIE HIGHWAY TO SOUTH BAYSHORE DRIVE FROM APPROXIMATELY 350 FEET EAST TO 350 FEET WEST OF SOUTHWEST 27TH AVENUE, INCLUDING THE AREA FROM SOUTHWEST 27TH AVENUE TO VIRGINIA STREET, 200 FEET NORTH AND SOUTH OF COCONUT AVENUE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ON ROLL CALL: t Mayor Suarez: I'm going to vote "yes." It's not really what I wanted, but it - = seemed like a fair compromise. fd 98 October 23, 1986 ------------------------------------------------------------------------------ 25. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - CHANGE ZONING DESIGNATIONS OF CERTAIN AREAS IN COCONUT GROVE. ---------------------------------------------------------------------- Mayor Suarez: We've got Items PZ... Mr. Olmedillo: PZ-4. Mr. Plummer: Wait, we've got to go back to four now. Mr. Olmedillo: We have to go to PZ-4, which is the plan amendment. Mayor Suarez: Four and six are related, right? Mr. Olmedillo: Four and five are related. The only thing is that,... Mayor Suarez: Well, five, which is the... Mr. Olmedillo: We took five... Mayor Suarez: But four and six are both regarding the... they're not. Mr. Olmedillo: Prior to four. Mayor Suarez: All right. Tell us why they're not. Mr. Olmedillo: Item 4 is the Comprehensive Plan amendment, which places this in compliance with the general Comprehensive Plan amendment. Mr. Plummer: I got problems with six. Mr. Pierce: We're on four. Mr. Olmedillo: Except we're on five now. Mr. Pierce: Four, four. Mr. Olmedillo: I mean on four, excuse me. Mr. Plummer: Mr. Mayor, I move PZ-4. Mr. Dawkins: Which is four? Mr. Plummer: Four is the overlay. Mr. Olmedillo: Twenty-seventh Avenue. Mr. Dawkins: That's this? Mr. Olmedillo: The 27th Avenue plan amendment. Mr. Dawkins: That's this? Mr. Olmedillo: No, that's six. Mr. Plummer: No, that's six. Mrs. Kennedy: Item 4, anybody who wants a zoning change has to come individually before this board, correct? Mr. Olmedillo: Yes, ma'am. Mrs. Kennedy: OK, I second your motion. Mayor Suarez: Moved and second. Any discussion? We have to read the ordinance. Call the roll. fd 99 October 23, 1986 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLANS BY CHANGING THE DESIGNATIONS FOR THE SUBJECT PROPERTIES FROM MODERATE TO HIGH DENSITY RESIDENTIAL DESIGNATION TO F.FSIDf:1�TTIAT:/CO1�'M',ERCIAL DESIGNATION ON SOUTiiGrFST 2 7TH AN,711d77F FROM APPROXIMATELY 100 FEFT SOUTH OF PIPD POAD 710 TJGFRTAIL AVENUE AND TROTS LOW TO MODE..PATF PFSIDENT IAL DESIGNATION? TO M,ODF:R_ATF DENSITY RESIDENTIAL DESIGNATION EAST OF CENTER STREET, I -POTS AFPPDXIMATELY 100 FEET SOUTH OF BIRD ROAD TO AFFROXIISATELY 200 FEET NORTH OF DAY AVENIiE, AND VEST OF SOUTHWEST 27TH AVENUE FROM COCOANUT AVE141JE TO APPROXIMATELY JOO FEET NORTH OF BIRD AVENUE, AND 014 LOTS FRO14TI14G THE SOUTH SIDE OF COCOANUT AVENUE FROM VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF 27TH ANFEIUE, FROM LOW DENSITY RESIDENTIAL DESIG14ATION TO MODERATE TO HIGH DENSITY RESIDENTIAL DESIGNATION FOR LOTS ON THE 14ORTTI SIDE OF COCOANUT AVENUE FROM APPROXIMATELY 150 FEET EAST OF VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF 27TH AVENUE; FURTHER, CHANGING THE DESIGNATION FOR THAT PROPERTY APPROXIMATELY 100 FEET BY 200 FEET IN SIZE, FRONTING 014 THE EAST SIDE OF SOUTHWEST 26TH AVENUE, BETWEEN SOUTHWEST 27TH LANE AND SOUTHWEST 28TH STREET FROM A DESIGNATION OF LOW DENSITY RESIDENTIAL TO A NEW ONE OF RESIDENTIAL/COMMERCIAL; MAK114G FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 22, 1986, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10166 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. ------------------------------------ ------------------- ---------------------- 26. SECOND READING ORDINANCE: ADOPT MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (5 -5) WHICH AMENDS EXISTING PLAN (1976-1986). ----------------------------------------------------------------------------- Mayor Suarez: PZ-6. That's the actual overlay? Or whatever you... Mr. Sergio Rodriguez: PZ-6. Oh, I'm sorry. Ready? PZ-6 is the item that has been before you before. It is the second reading of the Comprehensive Neighborhood Plan for the City of Miami. Basically, what we did with this plan is to reflect all the changes that have been made by this Commission, and the previous Commission, and reflect all those zoning changes, so the map will L be up to date, and any time you make a decision, it will reflect the land uses that have been made as a result of the zoning changes. And that's all I have s to say to that. Mr. Dawkins: OK, why is it that —you have one of these in front of you? Mr. Rodriguez: Yeah. fd 100 October 23, 1986 Mr. Dawkins: OK. Why is it that Main Highway, if you come up you have one blue.. OR, yeah, put it up, yeah, that's it. OK. Right here, that's what I want... Mayor suprez: We'll. just ask you if you can translate it., Sergio... Mr. I?Fv*jns (OFF MIKE): All right, v-hy is itt that. —this is Main Highway. Why isn't this color here all the way to Main highway? This color here all the way to Main Highway, and this color here all the way to Main Highway? Mr. Rodriguez: ( INAITDIBLE C0111MF.,NT, OFF MIKE) Mr. Dawkins- No, no, why do you have this little Commercial... Mayor Suarez: Right., strip. Mr. Dawkins (OFF MIKE): This strip this side. Main High -.!ay. Mayor Suarez: State the question into the record, Sergio, because I have the same question, and I'm not sure how to ask it; and then give us an answer, hopefully. Mr. Rodriguez: The question is, why do we have, in the Comprehensive Plan, color - yellow colors - in the area that is adjacent to Bayside, to the Bay area, in. the Coconut Grove area, and as it goes all. the way to Main Highway, and the yellow color, which is shown for Residential, doesn't show all the way through to Main Highway; and we show there red color, which represents Commercial? And the answer to that question is, that that reflects the recommendation that we had in the past in the previous plan. Mr. Dawkins: How do you change that recommendation? Mr. Rodriguez: You can ask me to study the plan and make a correction, or you can make a decision on the plan right now, that you don't believe that the color should be red, that the color should be yellow, and that should be enough. Mr. Dawkins: OK, all right, OK. What do you say, that I can accept the plan, and you make all these colors the same all the way up the Main Highway - is that what you're saying? Mayor Suarez: With that modification we can accept the plan? Mr. Rodriguez: We...Wait, one second. I think, in order to change this and to make sure that we are reflecting a more careful consideration by you all, is that we should come back with a study of that specific area to reflect why we are proposing then residential all the way through to Main Highway. Mr. Dawkins: If I hold up the whole plan, how much of a hardship will that create? Mr. Rodriguez: Well, it will hold action on some of the zoning changes that you have today, later on and in the future; and I couldn't tell you exactly how many, but it would be several of them. Mr. Dawkins: Professionally, would you suggest that I pass this, with the recommendation that you go back and study that, or would you, professionally, suggest that I delay the whole thing? Mr. Rodriguez: I recommend that we follow this with the study that we have to undertake for that area. Mr. Plummer: But how are you going to do it? Are you going to do it by i deferring the whole project, or doing just the deferment of that particular... i Mrs. Dougherty: We'll pass it as it is and come back with the study later. Mayor Suarez: Yeah, are we giving the wrong signal by approving the whole Athing with something that... fd 101 October 23, 1986 Mr. Plummer: I'm scared to death you are, especially a present lawsuit that'& been filed. Mr. Dawkins: That's right. That's my biggest problem, we got a lawsuit now, pertaining to one of these sections of the area here... Mayor Suare?: NAdame City Attorney, can we somehow carve out - I'm sorry to interrupt - carve out tbpt wa don't_ sanction in any way that particular aspect of it., pending a study? FFc.acrse we do need to get along with our... Mr. Plummer: See the tiro people Jumped up over there? Mayor Suarez: Yeah, they're over there conferring. Mr. Plummer: See the two people? Mayor Suarez: They're trying to figure out how to use this. Madame City Attorney? Mrs. Dougherty: I think that... Mr. Plummer: I'll tell you... let me tell you... Mrs. Dougherty: If you, on the record, say that you're passing this plan amendment, as it is... Mr. Dawkins: No way. Mr. Plummer: No. Mr. Dawkins: No way. Mr. Plummer: No, I'll tell you how you're going to do it. Mr. Dawkins: How are we going to do it? Mr. Plummer: There's only one way you're going to do it. Mr. Dawkins: What is it? Mr. Plummer: That's reject this plan. Mr. Dawkins: All right, so moved. Mr. Plummer: We reject this plan. Mr. Dawkins: So moved. i Mayor Suarez: Aren't you happy that we let you finish your opinions, there, Madame City Attorney? i Mrs. Dougherty: We'd recommend that it would be sufficient if you were to pass the plan as it is, making note that you want this particular area restudied by the Planning Board and the Planning staff,... i Mr. Dawkins: N0000. f Mrs. Dougherty: ...and come back with a recommendation within 60 days, with a new plan amendment. Remember, this used to be that you could only amend the plan twice a year, but that's not the case any more. Mr. Dawkins: Since there is a lawsuit pending, and since the lawsuit might make this action moot, I move that we delay this until after the lawsuit. Mr. Plummer: No, you... a Mrs. Dougherty: No, no, you don't want to delay the entire plan amendment. T Mr. Plummer: No, no, no. I will make a motion that we reject this plan. { Mr. Dawkins: Second. z fd 102 October 23, 1986 Mayor Suarez: Moved and seconded. Mr. Plummer: Nov you ... what I'm saying in my motion to reject, is to bring me back a. different plan. Mrs. Kennedy: nK, vbPt ere you looking for, exactly? Mr.. Plummer: I Fin't saying on the record. N000000. You don't play them games with me. Mrs. Kennedy: Sergio, what's wrong with this? Mr. Pierce: (OFF MIKE): Sergio's going to have to go back to Tallahassee. (Laughter) Mr. Rodriguez: Well... Mr. Pierce: You got two Commissioners who don't like it. Mrs. Dougherty: Mr. Commissioner. Mr. Commissioner. Just a minute. Mayor Suarez: Two? Mr. Plummer: Why don't you go talk to Sergio? Mayor Suarez: Walter, threel Mr. Pierce: Three? Mayor Suarez: Yes. Mrs. Kennedy: I talked to Sergio yesterday - he says "no problem." Mr. Rodriguez: I think that maybe, you know, we have a new procedure by which we can amend this plan, and the proced... Mr. Plummer: Yeah, but you see, once you present this plan and we accept it, you have given credence to a certain action that is ongoing. If you reject this plan, you then deal the cards in our favor. That's why my motion is to reject. Mrs. Dougherty: I think we can reach a solution, by simply saying - the Planning Department came to you with the plan as it was before, because they hadn't studied that particular area. What they're saying to you is, they're going to come back to you with a study. Mr. Dawkins: Then let's fire them, because they should have studied it before bringing this back. Mr. Plummer: I second the motion. i (Laughter) j i Mayor Suarez: To do that, we first have to fire the City Manager, I think. Mr. Dawkins: No, we fired him yesterday. Mayor Suarez: OK, what's the Commission's pleasure? We have a motion and a second to reject the ... you're waving, Sergio. Mr. Plummer: That's right. Mrs. Dougherty: But you know, Mr. Commissioner, if you reject it, you're going back to the same plan which shows it the same way it was. ' Mr. Plummer: No, reject it for a new plan. This plan's not acceptable to us. is i Mr. Rodriguez: But then, the plan that we have in... Mr. Plummer: So, in the next zoning hearing, you come back with another plan that we find acceptable. fd 103 October 23, 1986 Mayor Suarez: Can't we pass the rest of the plan, except for thibt Mr. Rodriguez: No, no, no. Mr. Dawkins: What, now? Mr. Rodriguez: If_ you reject... Mayor Suarez: heave a blank there? Can't we just leave a blank, a question mark, end have the overlay reflect the question mark - the Commission is studying that? A big ... the letters, you know "This is being studied," an asterisk, or whfitever? Mrs. Dougherty: We can make a designation that we asterisked it, say we're going to study this one snd come back with a plan later - amendment later. Mr. Dawkins: No, you know... Mrs. Dougherty: It's appropriate. Mr. Dawkins: See, the only problem I have with this is, why Mould the administration, you know, come in here with this plan? OK? Mr. Plummer: Because they don't live in the City and don't pay the taxes. Mr. Dawkins: Yeah, you see? That's right. You know, and then, all of a sudden, you've got one little sliver of land here, and another little sliver, and then you go and put another Commercial in here. You did it deliberatelyl You deliberately put these Commer... Mr. Plummer: No, no, no. No, no. Mr. Rodriguez: Naw. Mr. Pierce: Mr. Dawkins... Mr. Rodriguez: It's on the record, and I tell you... Mr. Plummer: No, I don't go along with that. Mr. Pierce: Mr. Dawkins, Mr. Dawkins, just... I'm not... just for the record. Mr. Plummer: As bad as he is, he didn't do it deliberately. Mr. Pierce: No. Just for the record, this plan, as regards that particular area, is identical to the existing plan. Mr. Rodriguez: Right. Mr. Dawkins: But why bring it... OK. Well, then, change the whole plan, then. Mr. Rodriguez: Because if you stay with the existing plan, you are not doing anything. If you reject the plan now, completely, without asking me to study the area, come back to you next Commission meeting,... Mr. Plummer: No, what we're asking you is to bring us back... Mrs. Dougherty: Let him finish. Mr. Plummer:.... new plan. Mrs. Dougherty: Let him finish. It has to go back to the D.C.A. Mr. Pierce: It does. All the way back to Tallahassee. Mr. Plummer: What's wrong with that? What's wrong with that? Mrs. Dougherty: Because you don't need to do that. You can reach the same solution the way we are suggesting, as opposed to having... rejecting this particular plan and starting all over again. You can make amendments to this big plan. fd 104 October 23, 1986 Mr. Plummer: Yeah, but you can only make two amendments to this plan a year. Mrs. Dougherty: No, no, no, that's been changed. Mr. Rodriguez: There is a glitch bill that takes care of this specific type of amendment, becFvse its' residential, and it's of a certain size. Mrs. Kennedy: All right, so let's :mend it, then. Mayor SUPre7: Them hcpfifully there'll be % bill that will eliminate the whole requirement by the time all of this is asid and done. Mr. Plummer: 1991, Mr. Rodriguez: That probably will not be there before my retirement from the Commission. Mr. Plummer: The way you're going, you're right. Mr. Rodriguez: It will come very fast. (Laughter) Mayor Suarez: I have a feeling I'm going to...anyhow, ... Mr. Rodriguez: I recommend again that you consider asking the Planning Department to study this area and come back at the Planning... Mr. Plummer: OK, let me ask you this. Mr. Rodriguez: ...City Commission meeting of November... Mr. Plummer: How about... Mr. Rodriguez: with our recommendation dealing with this and any other matter that you might have concern with. Mr. Plummer: How about if we pass it, but we designate a large area to restudy? Mrs. Dougherty: That's fine. Do whatever you want. Mr. Plummer (OFF MIKE): In other words, how about if we pass this plan, and we say to the Planning Department that we want you to go back and we want you to restudy all of the central business Grove? How about that? Ms. Hirai: I can't hear. Use the microphone. Use the microphone. Mr. Plummer (OFF MIKE): Mike doesn't work? Sorry, the mike doesn't work. Ms. Hirai: It does, huh? Mr. Dawkins: It don't. Mr. Rodriguez: May I suggest that I undertake a study of the area - general area - of the Coconut Grove around the central business district, and the... Mr. Plummer: Mr. Mayor. Mr. Rodriguez: Bay area. i Mr. Plummer: I withdraw my motion, on the recommendation of the Planning Director, and I will move to approve this plan, based on the delineation to restudy, as lie has indicated, from Bird Road south - Bird Road south, is that what you said? Mr. Rodriguez: The downtown area... a } Mr. Plummer: The downtown central business district of Coconut Grove. Mr. Rodriguez: ...of Grove, all the way to the Bay. = fd 105 October 23, 1986 z Mr. Plummer: Yes. I'll move that at this time. Mayor Suarez: OK. We have a new motion. Do we have a second for the new motion 7 Mrs. Kennedy: Yee, I'll second. That sounds... Mr. Dawkins: I'll second while they're making up their minds over there. Mayor Suarez: Seconded for a second. Mr. Dawkins: Go ahead, you second. OK. Ms. Hirai; Who's seconding? Mrs. Kennedy: Yeah, I second. Mayor Suarez: Third it. Mr. Dawkins: Are you two together? OK, Mayor Suarez: An further discussion? Call the roll. Or do we have to read... AN ORDINANCE ENTITLED - AN ORDINANCE ADOPTING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDUM, DATED SEPTEMBER, 1985, WHICH REPLACES MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986; PROVIDING PURPOSE; INCORPORATING THE OFFICIAL GUIDE; PROVIDING FOR A TRANSITIONAL PERIOD; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 26, 1986, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10167. 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. fd 106 October 23, 1986 --------------------------------------------------------------------------- 27A. SECOND READING ORDINANCE: AMEND MIAMI COMFRFHFNSTVE NEIGHBORHOOD PLAN - CHANGE DFSIGNATION OF FROFERTY AT 3G27-3523 S.W. 22 TERRACE (AFFLICANT: KAITLRlA FROFFRTIES, N.V. ) 27B. FIRST RFADINL= ORPTKANCF,: AMEND MIAMI CO", F HFNSIVF NEIGHBORHOOD FLAN CHANGE DFSIGNATION OF FROFF.,RTY AT 3421-3523 S.W. 22 TERRACE (APPLICAN`T: K.AITUMA FROFERTIFS, N.V. ) Mayor Suarez: PZ-... Mr. Plummer: Seven. Mayor Suarez: Seven. A and B, I guess are companion items. These second reading? Mr. Plummer: Hmmm? Mr. Olmedillo: PZ-7A, PZ-7B, and PZ-8, are related items. PZ-7A will be the second reading to the plan that you have just amended. There is a proviso in the ordinance that there is a period of 180 days for the people who are under the old plan, to get a building permit. Mayor Suarez: Yeah, we understand that each one of these now is going to have a reference back to the Miami Comprehensive Master Plan. Mr. Olmedillo: Right. Mr. Plummer: A grace period. Mayor Suarez: That's one of these B's or A's, or whatever. What's this particular item about? It was passed unanimously last time around. Do we have anyone here that wishes to be heard for or against? Mr. Plummer: Wait a minute, where's the covenant - which is the covenant on this one? Mr. Olmedillo: The covenant? The covenant is contained... Mr. Plummer: I've got two covenants. Which one is it? Mr. Olmedillo: The only difference in the covenant... Mr. Plummer: OK, all right. (PAUSE) For the record, my concern was in Section 8, about the severability. The way it was written before, that if one item was thrown out it didn't affect the others, this one doesn't address that concern, and as far as I'm concerned, it's fine. Mr. Dawkins: OK, well, my concern... This is 22nd? OK. You also got one dealing with Lots 17 and 18, right? Mr. Olmedillo: Yes, sir. Mr. Rodriguez: Yes, sir. Mr. Dawkins: Now, who owns 19, 20, 21, and 22, and 23? Mr. Olmedillo: We have no record on that, sir. Mr. Dawkins: See... OK. Mr. Olmedillo: They are individual residences. Mr. Dawkins: What you are doing is rezoning a whole block, OK? Mr. Olmedillo: In effect. j Mr. Dawkins: And what you're going to do now is, have a domino effect, and people are going to cross over 22nd Avenue,... fd 107 October 23, 1986 Mr. Olmedillo: Terrace. Mr. Plummer: Terrace. Mr. Dawkins: reople are going to cross over 22nd Avenue.., Mayor Suarez: Terrace. Mrs. Dougherty: Terrace. Mr. Dawkins: ...and we're going to - Terrace - and we're going to end up with the same thing. Now, Mr. Rodriguez, what do I do to prevent the domino effect south of 22nd Terrece7 Mr. Plummer: You put, in a ten -foot No Zone. Mr. Rodriguez: You can put a portion of the area unzoned, like 20 feet, from the street, and if you leave that area unzoned... Mr. Plummer: Unzoned. Mr. Rodriguez: ...then there will be...thry keep it for the same zoning that you have now. They cannot ask for transitional uses, or they cannot ask for a change of zoning based on that issue. Mr. Dawkins: So that way, we would not have to worry about anything coming into the residential area... Mr. Plummer: Jumping. Mr. Rodriguez: Right. Mr. Dawkins: south of 22nd Avenue? Mr. Plummer: Jumping. Mr. Rodriguez: Right. Mr. Dawkins: OK, well, if we move it, I want to move it with those restrictions, if it's moved. And that's on 18 - 17, 18, and... Mayor Suarez: Seven. 7A and —oh, you mean... Mr. Dawkins: 17, 18, 23, 24, 25, 26, 27, 28, 29. Mayor Suarez: Oh, the lots. Mr. Dawkins: On all of them. Mr. Olmedillo: If I may continue. When we made our initial presentation, we had suggested specifically that the area be rezoned minus a distance, so that the mass of the building would be less impacted on the southern side of it; that there would be no exit, no access, on 22nd Terrace, and that there would be a buffer between the residential and the commercial area which is being rezoned, or being proposed. Mr. Dawkins: Still, my concern is that we do not allow anybody to come south of 22nd Terrace. Mr. Olmedillo: Yes, sir. Mr. Dawkins: So, I mean, what you're saying is beautiful. OK? The building is fine, but that doesn't accomplish what I want. OK? Mr. Plummer: Is there anyone here to speak in opposition? It's second reading. Mayor Suarez: Let the record reflect that no one stepped forward against the application. Mr. Plummer: I move Item PZ-7. 108 October 23, 1986 ':. t: :'!P'; . __- mow" r ^w; "+! `x-�•,µ?[� , v .. c Mr. Dawkins: With the restriction that they... Mr. Plummer: Yes, of course. Mr. Dawkins: Ten feet.? Thst they leave the ten feet. Secoad. Mr. Plummer- That's on the yellow hatched. Mayor Suarez.: Twenty feet, you're talking about. Mr. Dawkins: Yeah, on the yellow hatched, yes, um-hmm. So moved. UNIDENTIFIED SFEAKER: 7A. Mr. Plummer: Excuse me? Mr. Rodriguez.: That is 7A. Mr. Plummer: Pz-7. Mr. Rodriguez: "A." Mayor Suarez: 7A. Mr. Rodriguez: 7A. Mr. Plummer: You're right. Mayor Suarez: OK, now, is it 20 feet that you're talking about, or is it ten feet? Mr. Dawkins: Ten. I think we said ten feet there. Mr. Rodriguez: We had suggested 20 feet. Mr. Dawkins: All right, whatever you... what does the Planning Department... Mr. Plummer: What did you agree to? Counselor? Mr. Tony O'Lonnell: Mr. Commissioner, for the record, my name is Tony O'Donnell, with law offices at 1401 Brickell Avenue. I've registered as a lobbyist on this matter. Mr. Plummer: Thank you for the commercial. Mr. O'Donnell: We have not agreed to that particular recommendation by the Planning Department. Mr. Plummer: You agreed to a setback and a landscaped area. Mr. O'Donnell: Yes, we have. I would like to address the issue, if I could just briefly, as to what their concerns are, and our response to those concerns. We addressed them last time, but I'd like to remind the Commissioners, if I could, what our position is. Now, basically, if you look at the existing uses along here, Commissioner, along 22nd Terrace. Notwithstanding the Residential zoning of the properties, they have been all used for commercial - ancillary commercial - uses as parking lots for the frontage along Coral Way. Mayor Suarez: You're not addressing the problem. Mr. O'Donnell: I understand. What... Mayor Suarez: We're trying to stop the domino effect, and we're told that's the only way to do it, Tony. Mr. O'Donnell: Well, I think they're wrong. For one thing, bringing the zoning back to this property line will not allow any transitional zoning, because transitional zoning does not go across this public right-of-way, and that's one point. fd 109 October 23, 1986 Mr. Dawkins: Well, wait a minute, now. See, your client pay you to speak up for them. Is he correct? Mr. Olmedillo: The transitional issue, yes. The only thing is that the people who ere on the southern side of 22nd Terrace, they may apply for a change of Toning, because the district is abutting the commercial district. Mr. Dawkins: OK. Mr. Olmedillo: The transitional does not carry... Mr. Plummer: It works in reverse. Mr. Olmedillo: ...over the street, but the potential of creating the rezoning pressure, it's there. Mr. Dawkins: Thank you, thank you. That's my...OK. Mr. O'Donnell: Let me address that, because I can only address one issue at a time. Mayor Suarez: Let me catch the wording on that. "The potential for creating the rezoning pressure." Mr. O'Donnell: Right. That is, they... Mayor Suarez: That's all that we're doing, if we approve it? Mr. O'Donnell: Yes. Yes. Mayor Suarez: Doesn't sound to me like much. I mean, does it really create a domino effect just with the potential, whatever it was, the rest of the wording? Mr. Dawkins: But if you put the 20 feet there... Mayor Suarez: We're creating a rezoning pressure. Mr. Dawkins: ...what does it do, though? If you put the 20 feet there, what does it do? Mr. Rodriguez: Let me try to address the Mayor one second, first. Mr. Dawkins: OK. Mr. Rodriguez: You see, to change zoning, you have to be either adjacent to the zoning line, or you have to have a minimum area. By moving the zoning line to the property line, you are adjacent to it, and the property across the street can apply and ask for a change of zoning. You have to approve it anyhow, but, you know, you are doing it. Mr. O'Donnell: Let me address this, please. (MIKE FEEDBACK SOUND) Mr. Pierce: Who's got that mike? Should turn it down. Mr. O'Donnell: The second point, then, is, by bringing the zoning line back to make it abutting these properties, we then allow, if they're real small, and ordinarily couldn't ask for a zone change, we allow them to make an application before this Commission, which you can turn down. That's all that they're talking about. Because if it's a large area, whether they abut or not, they can come in and ask for the same thing. That's the narrow issue. From our perspective, this could be accomplished by ending the zone line one foot from Southwest 22nd Terrace, if that's your pleasure, if you're concerned about allowing that to happen, but... Mayor Suarez: How about that? Mr. O'Donnell: And we have... but... but... Mr. Pierce: Technically, he's correct. fd 110 October 23, 1986 Mr. Olmedillo: That particular issue would be addressed with the ohe tobt. Mr. O'Donnell: It would be. Mr. Ol.medilio: That particular issue. Mr. Fierce: Yes, it would. Mr. O'Donnell: And what we have done with our site design and our constraints in our covenant, is reducing the F.A.R. and allowing good site design. If you put the line here, you're going to end up with a replication of the lousy site use and site design you have there now, regardless of how* you zone it. It's too much of an incursion into this area. So, what we're requesting, to meet this one issue, of someone could now apply if they had a small lot, whereas they couldn't otherwise, for zoning, and you probably wouldn't approve it anyway, but they could, J agree with that, if the zone line goes here. That can be resolved by ending the zone line, that one foot. Mr. Dawkins: May J ask you, r-an you show me, Eir, south of Southwest 22nd Avenue, where there's a small lot? Everything up there is the same lot size. Mr. O'Donnell: No, they have a minimum requirement from... Mr. Dawkins: No, no, no, no, no. No, no, no. You said "a small lot." Show me... Mayor Suarez: Yeah, south of... Mr. Dawkins: ...anything south of Southwest 22nd Terrace that's small. Mayor Suarez: Are those single-family residences there, in single lots - is that what ... 7 Mr. O'Donnell: No, they're ... most of those are duplex. Mr. Rodriguez: Duplex. Mr. Pierce: Duplex. Mayor Suarez: Duplexes. Mr. Rodriguez: No, the point ... the point... Mr. Plummer: They can gather up a number of lots. Mr. Dawkins (OFF MIKE): I don't want to hear nothing from you. I don't need you to tell me nothing! Mr. O'Donnell: No, individual ownerships, Commissioner, are all small lots. My point is, that ordinarily, without an abutting commercial zoning for any of those lots, they could not even make an application. All right. To resolve that, we're saying, end our zone line at the one -foot line, you've ended that problem. But my other point is, even if we did... Mr. Dawkins: OK, well, why would you give up one foot and don't want to give up ten feet? Mr. O'Donnell: Because when you give up ten feet, you start having incursions... Mr. Pierce: Loses F.A.R. Mr. O'Donnell: ...into the type of building you can put back here. We have already limited our building height, we've established setbacks that are comparable to what's there now, of no higher than two... Mayor Suarez: It affects all your calculations, is what you're saying. On the amount... Mr. O'Donnell: And we have reduced our F.A.R. on the front, as well as the back, so that we maximize our open space everywhere. If you force us back up fd III October 23, 1986 here, you're forcing the same thing that is wrong with this zoning now: it does not allow proper site design for these properties. It is forcing the buildings up on Corp) Vey to go up, and to have this sort of open-air parking in the bock, rather than having a much better site design, with open space and not open-eir perking on the site. Mayor Sirare7.: well, we're not really forcing you, we're sort of inducing you... Mr. Dawkins: Either, either, either, either I've got to force you to do that, or I've got to force the neighbors to accept that. So, I'd rather force you, because I got more votes out of them than I got out of you. F Mr. O'Donnell.: well, liayor Dpvkins, I think our solution for the neighbors is better than the solution that's being proposed by the Flanning Department. Mr. F)ummer: Ve31, Set me interject something.. I think the concern that is being addressed is, in fact, adequately covered, staff says, by the one foot. Now, the real truth of .e matter - let's put it on the record. Let's don't kid each otr,er. If S move i.t. bask 20 foot instead of one foot, you tremendously drop their F.A.R. That's where they're hurting. Hey, you tell me no, OK7 You tell me no. Mr. O'Donnell: Can I respond to that? Mr. Plummer: No. Mr. O'Donnell: OK. (Laughter) — Mr. Plummer: I think that the concerns of Commissioner Dawkins are legitimate concerns, and 1 am comfortable by the acknowledgment of staff that what we're doing with the one foot is the same thing to accomplish that safety valve as it would be with the 20. OK? So, I'm comfortable on that. I want to tell you all that as soon as we get through, I'm going to be making a motion before this Commission to instruct the Planning Department to eliminate completely transitional uses. OK? I don't know if it will fly, but I'm going to make that motion. Mayor Suarez: We certainly have to figure out ways of simplifying the Code. Otherwise, we're going to be at this forever. Do we have a motion from anyone with the... Mr. Plummer: Mr. Mayor, my notion I made originally, to approve PZ-7A, with a 20-foot setback - I am comfortable with the one; it accomplishes the same thing. I will modify my original motion to say a one -foot setback, and approve the thing as proffered. Mr. Olmedillo: How about the covenants that have been proffered? Mr. Plummer: Well, well, of course, with the covenants that have been presented, which I have in front of me, yes. t Mr. Dawkins: I'll withdraw my second, because I went along with it for the 20-foot setback; therefore, I could not go with the one, and I withdraw the second. Mr. Plummer: All right. sue: Mr. Pierce: Covenant goes with eight. Mrs. Dougherty: PZ-7A, B, and PZ-8 are all the same thing. They've just made a presentation on all three of them. If you'd like, I'll read all three ordinances at the same time. r Mr. Plummer: Well, wait a minute, you don't have a second right now. Mrs. Dougherty: Sorry. That's premature. j Mayor Suarez: I second it. .r fd 112 October 23, 1986 Mr. Dawkins: Further discussion? Call the roll. Mr. Plummer: Wait a minute, wait a minute. On PZ-7A, I am to inject in there that I mean one foot from the... Mr. Rodriguez: It's one foot with the existing zoning. You're not talking of exist.ing... Mr. Plummer: £ram the exiting zoning, yes, sir. Mr. Rodriguez.: The zoning line for the ch.-nge of zoning will be one foot from the existing zoning on the street, along the street. Mrs. Dougherty: Those t.vwo, 7A and B, are the ... both are the comprehensive plan. You should take a vote on that and I'll read PZ-8 later. Mr. Dav=kins: Call the roll, Madame Clerk. AN ORDINANCE ENTITI.ED- A14 ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986 FOR PROPERTY LOCATED AT APPROXIMATELY 3427-3523 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM LOW -MODERATE DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; AND, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 25, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Mayor Suarez, the ordinance was thereupon given its second and final reading by title, and passed and adopted by the following vote, as indicated hereinbelow. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10168. -AND- AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (September 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 3427-3523 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM LOW -MODERATE DENSITY RESIDENTIAL TO COMMERCIAL - RESIDENTIAL; MAKING FINDINGS; AND, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Mayor Suarez and passed on its first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: Commissioner Joe Carollo The City Attorney read both ordinances into the public record and announced that copies were available to the members of the City Commission and to the public. fd 113 October 23, 1986 28. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT AT 3427-3523 SOUTHWEST 22ND TERRACE. (APPLICANT: KAITUMA FROPERTIES, N.V.) Mayor Suarez: which is the one re have to vote on now? Mrs. Dougherty: F7-8. Is there a motion and second? Mr. Plummer: I mpke the motion on eight. That's the one that the covenant which I hive is-tt.Pchcd. Mayor Suarez: Fi-£'s been moved, with the covenant? Mr. Olmedillo: Fxcuse me, may I interject? PZ-7B, moved. Mr. Plummer: was together. Mayor Suarez: Together. All right. PZ-8. Mr. Plummer: I wish you guys would get your PZ's together here. Mayor Suarez: we have a motion. Do we have a second? Mrs. Kennedy: Did you move it yet? Mr. Plummer: Yeah, I moved it. Mrs. Kennedy: I'll second. Mayor Suarez: Moved and seconded. Any further discussion? Hearing none, 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 3427-3523 S.W. 22ND TERRACE, 141AMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG 1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO CR-3/7 COMMERCIAL -RESIDENTIAL (GENERAL) 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. Passed on its first reading by title at the meeting of September 25, 1986, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: Vice -Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10169. 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. x; gd 114 October 23, 1986 -s 63 0 29A. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AT 3591 S.F. 22ND TERRACE (AFFLICANT: KAtTFMAN AND ROBERTS). 29B. FIRST READING ORDINANCE: AMEND MIkMI COMPREHENSIVE NEIGHBORHOOD PLAN AT 3591 S.W. 22ND TERRACE (AFFLICANT: KAUFMAN AND ROBERTS). Mayor Suarez: FZ-9A. Mr. Ol.medillo: Mr. Mayor. Mayor. Suarez: Yes. Mr. Olmedillo: PZ-9A, PZ-9B, and PZ-10 is a repetition of the same thing. It's on the corner sites, sites 17 and 18, on the west side of the property you just heard, and the concerns of the Planning Department are exactly the same: intrusion into the nei.ghborhood.... Mr. Plummer: I got a problem. I got a problem with a covenant. I'm sorry, I didn't mean to interrupt. Mr. Olmedillo: The applicant has proffered a covenant with certain conditions. Still, the Planning Department feels that the zoning line should not go to the center of the street, but should go to... Mr. Plummer: One foot. Mr. Olmedillo: ...minus one foot. Mr. Plummer: Yeah, agreed. Mr. Olmedillo: Within the property line. Mr. Plummer: OK. Is there anybody here to speak against it? Mayor Suarez: Let the record reflect no one stepped forward. I'll entertain a motion on whichever portions of this... Mr. Plummer: Mr. Mayor, I have a problem with the covenant... Mayor Suarez: OK. Mr. Plummer.: ...on Section 2(c). When you start talking about solid masonry walls, I go back to my original issue. I want a decorative wall, I want something that is pleasing. Those people on the back side are going to have to look, and I don't want them to have to look at a concentration camp. Now, you've got to assure me that this is going to be a...I don't, you know, the solid, I'll go along with, but it's got to be decorated. Mr. Al Cardenas: No, I ... may I, for the record - my name is Al Cardenas. I'm an attorney for the applicant, with offices here in Miami. Our landscaping plan proposal will incorporate the planting of hedges and vines which will... Mr. Plummer: I don't buy that, Al. Trees die and they don't replace them. Mr. Cardenas: We will proffer, verbally, in conjunction with the situation, and I will proffer, as counsel for the applicant, whatever treatment is wished for that wall, as an addition to that particular statement. Mr. Plummer: That's fine. So modify the covenant and I'll move 9A. Mayor Suarez: Moved. Mr. Plummer: With the provision of the one -foot... Mr. Olmedillo: Minus one foot within the... Mr. Plummer: Minus one foot. Mr. Olmedillo: ...property line. 115 October 23, 1986 Mr. Plummer: Is that A and B, now, jointly? Mrs. Dougherty: Decorative approval by the Planning Department. Decorative approved by the Planning Department? Mr. Olrnedillo: Decorative, subject to review and approval by the Planning Department. Mr. Plummer: Decorative approved by the Planning Department. And did Tony ... did Tony leave? Tony, I know you just got passed, but I want that same provision on you guys. Mr. O'Donnell: You got it. Mr. Plummer: You hear me? Mr. O'Donnell: Yes. Mr. Plummer: A1.1 right. I move 9 - PZ-9A and B. Mayor Suarez: So moved. Do we have a second? Commissioner? Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986 FOR PROPERTY LOCATED AT APPROXIMATELY 3591 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM LOW -MODERATE DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; AND, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 25, 1986, 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, as indicated hereinbelow. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10170. -AND- AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 3591 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE rUBJECT PROPERTY FROM LOW -MODERATE DENSITY RESIDENTIAL TO COMMERCIAL - RESIDENTIAL; MAKING FINDINGS; AND, 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 - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo fd 116 October 23, 1986 The City Attorney read both ordinances into the public record and �— announced that copies were available to the members of the City Commission and to the public. NOTE FOR -RECORD:- Atthispoint., on motion duly made by Vice -Mayor Dawkins and seconded by Commissioner Plummer, the Commission moved to reconsider the award of meals program issue (SEE LABEL 031). ------------------------------------------------------------------ ------------------------------------------------------------------------------ 30. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT AT 3591 S.W. 22ND TERRACE - FROM RG-1/3 TO CR-3/7 (APPLICANT: KAUFMAN AND ROBERTS). Mrs. Dougherty: 111r. Mayor, could we finish this last item first? Mr. Plummer: Yes, that's what I'm saying. Mr. Dawkins: Yeah, um-hmm. Mayor Suarez: Call the roll. Mrs. Dougherty: This is PZ-10. Mayor Suarez: Oh, I'm sorry. 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 3591 S.W. 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO CR-3/7 COMMERCIAL -RESIDENTIAL (GENERAL) 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. Passed on its first reading by title at the meeting of September 25, 1986, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10171. 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. ON ROLL CALL: Mr. Dawkins: Are you going to ... you got the same one foot limit on this? Mr. Plummer: Yes. fd 117 October 23, 1986 . ----- _ 31. AGREE TO RECONSIDER, AT NEXT COMMISSION MEETING, ISSUE CONCERNING BID AWARD FOR PROVIDING MEALS TO DAY CARE AND PRESCHOOL PROGRAMS. Mayor Suarez: OK, I ;orget the number of the item, but whatever it was. Mr. Plummer: FZ-ll. Mr. Frank Scruggs! Commissioners, we appreciate... Mayor Suarez: We've got a motion and a second to reconsider, and a second. Let's...I'm going to defer to my colleagues, and vote with them. I don't intend to change my vote on it, but go ahead, call the roll on the motion for re... Mr. Plummer: Mr. Mayor, with the understanding, we will reconsider it at the end of the Agenda. We're not going to make these other people wait. Mr. Dawkins: OK. Mayor Suarez: OK, we're only going to move, at this point, to reconsider, so you know that we will take it up at the end of the Agenda. Moved and seconded. Any discussion? Call the roll. Ms. Hirai: Roll call. Mr. Plummer? Mr. Plummer: Yes. Ms. Hirai: Ms. Kennedy? Mrs. Kennedy: Yes. Ms. Hirai: Mr. Dawkins? Mr. Dawkins: Yes. Ms. Hirai: Mayor Suarez? Mr. Plummer: Do we have all parties... Mayor Suarez: Yes. Mr. Plummer: here concerned, of the other side? Mayor Suarez: Probably not. That's another... Mr. Plummer: Mr. Eads? Mayor Suarez: ...problem we have. Mr. Plummer: Do we have all of the parties from the other side of the issue? Because I don't think it's fair that one should... Mr. Dawkins: Call...call them first. Mayor Suarez: Although to, to just... Mr. Scruggs: Well, if the matter, Mr. Mayor and Mr. Commissioner, could be deferred for reconsideration at another time, so we could bring in the additional information, and the other side could be present, that would be sufficient relief for us at this time. Mayor Suarez: Wait, I have no problem if what you're going to do is introduce additional evidence, and not expect any change of vote from me in your doing that, to preserve the record today. I don't know if the City Attorney feels that that would create any unfair burden on the... fd lie October 23, 1986 Mrs. Dougherty: I think that what Mr. Scruggs is suggesting is a good one: that you vote to reconsider it today, and set it for another time to have a full hearing on it. Mr. Scruggs: That would be perfectly satisfactory to us. We hope the Commission will. do that. We could come in later with the additional inf.ormat ion. Mr. Plummer: Well, you know, hey, I want to give you the right to have the additional. information. But yet, I think that other party, who is, by the previous motion, now the successful bidder, should have the right to argue against it. And they're not here. Mr. Scruggs: We want to appear when they're here, at a later time. They can continue to serve under the preexisting contract. We'll have a chance to come back with additional information. Mr. Plummer: That's right, they are the preexisting, right? Mr. Scruggs: And relieve our client of the taint associated with the previous vote. Mr. Plummer: OK, all right. Mr. Scruggs: That's more important to us. Mr. Plummer: I understand what you're saying. But let me tell you, In th(I interim - you're saying at another Commission meeting. Mr. Scruggs: That's correct. Mr. Plummer: OK. Mr. Scruggs: They could continue to serve. Mr. Plummer: In the interim, I want an answer from the State of Florida. Mrs. Kennedy: Right. And that will give you plenty of time. Mr. Plummer: OK? I want to know from the State of Florida, that if Dietcraft is chosen, are they going to fund or not fund the City of Miami. I mean, I want a clear-cut yes or no. I don't want a fourteen -page letter. Mr. Jack Eads: Yes, sir. Mr. Plummer: OK? Mr. Scruggs: If that is the action of the Commission. Mayor Suarez: It's a motion to reconsider, but not accept any more evidence today, or otherwise...to reconsider at the next Commission hearing, is what it comes down to. Mr. Eads: Yes, sir, this... we have... Mayor Suarez: And in the meantime, they understand that the existing contract holders will continue providing service. Mr. Eads: And that, of course, would be subject to the approval of the State. They've given us a one -month extension, through the 31st. We'll try to get that extended to the November... Mr. Plummer: November 14th. Mr. Eads: ...13th. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. 119 October 23, 1986 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-861 A MOTION OF THE CITY COMMISSION AGREEING TO RECONSIDER, AT THE NEXT COMMISSION MEETING THE_ ISSUE COIJCERNING AID AWARD FOR FROVJDJ?,T(-- FFALS TO FARTJCJFANTS JN THE CITY'S DAY CARE AND FRFSC1400L FROGR.AMS, SUBJECT TO THE STATE OF FLORIDA AL.L.OWJNG THE FRESENT COIJTRACT HOLDER TO CONTINUE RENDFRI)IG SAID SFRVTCF. FOR 017 MORE MONTH. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following votp- AYES: Commissi.onpr J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Scruggs: Thank you very much. Mayor Suarez: That's one of the greatest comebacks in the history of this Commission. Geesh. 32. SECOND READING ORDINANCE: ORDINANCE 9500 ATLAS CHANGE AT APPROXIMATELY 2564-2574 S.W. 27TH LANE, FROM RS-2/2 TO RO-1/4 (APPLICANT: NANCYE MOYNAHAN, ET AL.) Mayor Suarez: PZ... Mr. Olmedillo: PZ-11. Mayor Suarez: Eleven. Mr. Olmedillo: Yes, this is a request for a zoning change from a single- family RS-2/2 to an RO-1/4. This is a second reading. This is part of the 27th Avenue study, and this property is located on Dixie Highway. It's exposed to the traffic noise. It abuts a similar zoning district, and is... Mayor Suarez: Is there anyone here to oppose the granting of PZ-11, on second reading? Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: Let the record reflect that no one stepped forward. Moved and seconded. Any discussion? Call the roll. PZ-11. Mr. Plummer: Read the ordinance. Mayor Suarez: Read the ordinance first, thank you. 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 7.ONING CLASSIFICATION OF APPROXIMATFLY 25Eh-25714 SOiT?'HVT..ST 27Ti7 LANE. MIAMI, FLORIDA, 0 OFT FART7Ci"7.AR.LY DESCRIBED TiFFIFIN) FPOM RS- 2/2 ONF_TAll, ILY 7)FTACIiT I) F.FST77FNTI1i7. TO PO-1 /4 RESIDFNTIAT..-OFFIC:F, Fy MAK7NC= F7ND71J(S; f0JI) BY MAKING ALL THE 7,°�;CFSSARY CFWJG=FS OIJ PAGE NO. 43 OF SAID ZONING A7'I,AS MAF7F A FART OF ORD7NA►JCF NO, 9500 BY REFERENCE AND DFSCR7FTI0N IN ARTICLE 3, SFCTIONT 300, THERFOF; CONTAINIIJG A PF.FFALFF FROVIS1014 AND A SEVFnFIARIIli TY CLAUSE.. Passed on its first reading by title at the meeting of July 24, 1986, was taken up for its second find final reading by title and adoption. On motion of Commissioner Flummer, seconded by Commissioner Kennedy, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vot.e- AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10172. 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. 33. SECOND READING ORDINANCE: ORDINANCE 9500 ATLAS CHANGE AT APPROXIMATELY 1544-1636 BRICKELL AVENUE, FROM RG-2.1/3.3 TO RG-2.1/5 MAINTAINING SPI-4 BRICKELL AREA MAJOR STREETS OVERLAY DISTRICT. ------------------------------------------------------------------------------ Mayor Suarez: PZ-12. Mr. Olmedillo: PZ-12. The request is for a change in intensity of sector, from a 3.3, which is a .4 F.A.R., to a sector 5, which is a .75 F.A.R. As you remember, this item, we had reversed our position, because the applicant had come prior to the meeting, with a covenant addressing all the concerns, and he was delayed until later. You saw the covenant that they had proffered, and the Planning Department is recommending approval at this time. The location is between Brickell and South Miami Avenue, and the main concern was, the intensity may affect the property fronting on South Miami Avenue. However, as I stated before, the covenant states for a buffer to be placed within the two areas. There is a 20-foot alley in the back of the property; there is going to be a 45-foot height limitation to the building, and the landscaping plans should be approved by the Planning Department. Mr. Plummer: That's fine. But you know, let me tell you, when people in the history books pick up this agenda, and all they're going to see on here is, the Planning Department recommended denial. Now, why wasn't, between the first application and the second application, that changed? Mr. Olmedillo: The change in recommendation was introduced on the record, sir, and the packets for the record. Not in this packet. Mr. Plummer: I'm saying to you, this agenda should have been changed to say that you recommend approval. Mr. Pierce: Mr. Plummer, you're absolutely right. In the future we will. fd 121 October 23, 1986 Mr. Plummer: If I pick up ten years from today, and I look at this Agenda, I'm going to say, "why did I vote against the Planning Department?" Mayor Suarez: would you ... I'll entertain a motion to... Mr. Plummer: Not becFuse Sergio is a bad guy. Mayor Sucre..: I'Il entertain a motion to change the way the agenda reads and reflect the correct recommendation. Mr. Plummer: I so move. Mayor. Suarez: So moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on the retroactive change on what the Agenda read. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-862 A MOTION DIRECTING THE ADMIIJISTRATION AND THE CITY CLERK TO CORRECT TODAY'S PRINTED AGENDA TO READ THAT THE PLANNING DEPARTMENT RECOMMENDED "APPROVAL" IN ITEM PZ-12. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOBS: None. ABSENT: Commissioner Joe Carollo Mr. Plummer: Now let's hear the issue. Mayor Suarez: Well? Mr. Plummer: What has...we don't have a covenant on this, right? Mr. O'Donnell: Yes, we do, Mr... at the last hearing... Mrs. Kennedy: What is it? Mr. Plummer: Oh, yes, you... Mr. O'Donnell: ...you asked for the revisions and that's why we're back, and those are... Mr. Plummer: And what are you proffering in that covenant for the City? Mr. O'Donnell: We're proffering an addition to the buffering; we're proffering for two of the parcels, $15,000 for neighborhood parks for each parcel, and for the smaller parcel, $5,000, for neighborhood parks in the vicinity, to be determined by the City. Mr. Plummer: I move PZ-12. Mayor Suarez: So moved. Mr. Plummer: Excuse me. Let the record reflect that no one came forth to speak in opposition. } Mayor Suarez: Thank you. PZ-12 is moved. Do I hear a second? Will it die for lack of interest? Sorry. Second PZ-12. fd 122 October 23, 1986 Mr. Dawkins: Any further discussion? 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 15ug-1636 BRICKELL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 2. 1/3.3 GENTTRAT, RFSIPFIJTIAL TO PG-2. 1 /5 GENERAL RESIDENTIAL MAINTAINING THE SPI-4 BRICK.FLL AREA MAJOR STREETS OVERLAY DISTRICT, BY I,AKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES 014 PAGE 140. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE 110. 9500 BY REFERENCE A14D DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; C014TAINIIIIG A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 25, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner. Plummer, seconded by Mayor Suarez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10173. 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. 34. SECOND READING ORDINANCE: ORDINANCE 9500 TEXT AMENDMENT - AMEND SECTION 3205, ARTICLE 32 BY PROVIDING THAT PERSONS AGGRIEVED BY LAND DECISIONS MAY FILE APPEAL. Mayor Suarez: PZ-13. Mr. O'Donnell: Thank you very much. Mayor Suarez: Thank you, Tony. Mr. Plummer: I move 13. Mayor Suarez: Moved. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion of PZ-13? Anyone here to oppose the application contained in PZ-13. Mr. Plummer: Read the ordinance. Mayor Suarez: Read the ordinance. s AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 3205 OF ARTICLE 32 ENTITLED "STATUS OF DECISIONS OF F.OIJNC-' FGARDS; RF17IEW BY CITY COMMISSION; COMMISSIO►,z FOVTFPS; 3tTI?IC1A1_, REVIEW,` BY REQUIRING EXHAUSTION OF AT)143NIFTFIttTIN'F FTJ'FPTFS FRIOR TO JUDICIAL, F.FVjTV A?:'P TPOIN71P711(77 THAT T'HF METHOD OF JUDICIAL RFPJFV OF CITY COMP,T SFION DECISIONS SHALL BE BY FILING A I,TOTICF OF AFT'F.A3,; CONTATNTNG A REPEALER PROVISION AND A STVFF-A.PII.ITY CLAiaSF. Passed on its first reading by title at the meeting of September 25, 1986, 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner. Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10174. 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. ------------------------------------------------------------------------------ 35. FIRST READING ORDINANCE: AMEND ORDINANCE 9500, ARTICLE 30, SECTION 3004 - DESIGNATE PLANNING AND ZONING BOARDS ADMINISTRATION AS THE AGENCY TO SET DATE FOR HEARING OF AN APPEAL. Mayor Suarez: PZ-14. Mr. Plummer: Move it. Mrs. Kennedy: PZ-14. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 14. _ Read the ordinance first. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 30, APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT OF PLANNING, BY AMENDING SECTION 3004 OF SAID ARTICLE, ENTITLED, "SETTING HEARING DATES; NOTICE", TO DESIGNATE THE DEPARTMENT OF PLANNING AND ZONING BOARDS ADMINISTRATION, RATHER THAN THE ZONING BOARD, AS THE AGENCY TO SET THE DATE FOR t THE HEARING OF AN APPEAL FROM DEECISIONS OF THE ZONING ADMINISTRATOR AND DECISIONS OF THE DIRECTOR OF THE DEPARTMENT OF PLANNING. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote- fd 124 October 23, 1986 Z; , AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins 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. 36. DENY APPEAL BY OBJECTOR: REVIEW SPECIAL EXCEPTION BY ZONING BOARD REGARDING PAN MMERICAN HOSPITAL. Mayor Suarez: PZ-15. Mr. Olmedillo: PZ-15, it's an appeal, and at the meeting of September 25th, the City Commission, you requested a deferral on the action, so that the applicant for the appeal - the appellant - would meet with Commissioner Carollo, I think was one of the people who wanted to meet her, and I suspect the applicant, the appellant, should make a presentation now, at this point. Mr. Plummer: What the hell is this? Mr. Pierc,.: A model. Mr. Plummer: Oh. Thought we were going to play a game of solitaire. Mayor Suarez: Quiet. Ms. Yolanda Lezcano (SPEAKING IN SPANISH, TRANSLATED BY MR. A. E. PEREZ- LUGONES): Good evening. Her name is Yolanda Lezcano. She lives at 171 Northwest 60th Street. And she's been here several times in opposition to the project that Pan American Hospital wants to build. But I want you to give me the opportunity, if it is possible, to postpone this issue until there is a full Commission. Mr. Plummer: (Laughing) Who the hell's been advising her? (Laughter) Mr. Pierce: That's only a request. It's not legally required. Mayor Suarez: Go ahead, proceed. Ms. Lezcano (Mr. Perez-Lugones): If this is possible, because Commissioner Carollo is missing, and he was the one who requested that this item be deferred to this time. Mayor Suarez: See, that's the problem. See, he asked for it to be deferred to today, so now... Mr. Plummer: I remember her standing at that microphone a while back, saying that "I'm just a little housewife that don't know too much." Whew, has she learned in a hurry. Mrs. Kennedy: You know, the problem I'm seeing, I'm one who's always voted for a deferral, but we asked Commission Carollo before he left if he wanted to defer any items, didn't you, Mr. Mayor? Mayor Suarez: I'm sorry? Mrs. Kennedy: Didn't you ask the Commissioner Carollo before he left if he had wanted to pull out any items? fd 125 October 23, 1986 Mayor Suarez: I think the record would reflect that I did ask him that. I don't believe he's asked... Mrs. Kennedy: And he said no. Mayor Suarez: ...for this matter to be deferred, but... Mr. Plummer: Mr. Mayor, here again, let me, the old man on the Commission, of 1.7 years. Mr. Mayor, it has always been two unwritten rules for this Commission. Sorry to tell you that.. The two unwritten rules: one deferment whenever any Commissioner has ever asked for more facts, and one deferment for anyone asking for a full board. Mayor Suarez: You could have been here for 60 years on those unwritten rules, you're not going to get those by me. Mr. Plummer: OK, I'm saying, -Tou know... Mayor Suarez: In any other circumstances - certainly not in this one, when a Commissioner asked for the matter to be postponed till today and he's not here. I mean, it's... Mr. Dawkins: And she demanded a full board. Mayor Suarez: And she ... last time, she wanted us to vote on it. Mrs. Kennedy: Yeah. Mr. Dawkins: Uh-huh. Mr. Plummer: Weil... Mayor Suarez: When he was here. Mr. Dawkins: But that's her privilege. If she wants a full board, there's nothing you can do. Mayor Suarez: I'm not voting with it, I mean, you know, if anybody wants to move that, you can move it all you want. You could've been here 60 years, as far as I'm concerned. Mr. Plummer: Well, no, I ... Mr. Mayor, I will move it, whether or not I prevail or not, I will move that this matter... that the applicant, in this particular case, is entitled to a full board. And I so move. Mayor Suarez: You have a right to move it. - Mr. Plummer: So moved. (FIVE -SECOND SILENCE) Boy, there was a silence. Mayor Suarez: For the moment, at least, until we see if we have a second on the motion, you can proceed. Mr. Dawkins: No - tell her what's happening, because she's... (Mr. Perez-Lugones explained the above proceedings to Ms. Lezcano in Spanish.) Mayor Suarez: And I'm getting a further indic... Mr. Plummer: I waive consecutive translation. Mayor Suarez: And I'm getting a further indication from Commissioner Carollo's aide that he did not ask for this item, and he does not want necessarily this item to be deferred. (Mr. Perez-Lugones translated the above statement to Ms. Lezcano in Spanish.) Mr. Dawkins: But he, see, but that's not the question. OK, may I ask, and you translate for me. Mayor Suarez: Yeah, that doesn't have anything to do with her request, that we not consider it because a Commissioner is missing, that's true. fd 126 October 23, 1986 14 0 Mr. Dawkins: Madame City Attorney. I don't think it would change the vote any either way, this time or next time. But in the event that this lady asks for a full Commission, and we do not grant the full Commission, and she decides to go to court - what? Mrs. Dougherty: Commissioner, you have a quorum here, and that's all she's entitled to. Mr. Dawkins: OY., that's all I need to know. That's all I need to know. Mayor Suarez: Proceed, Mr. Plummer: You're declaring my motion dead for the record? Mayor Suarez,: ror the moment, yes. I mean, unless somebody seconds it. For the moment it. is deed. I mean... Mr. Pere-.-Lugones: Let. me explain to her that ... (Mr. Perez-Lugones translated the above proceedings into Spanish for Ms. Lezcano). Mayor Suarez: You can proceed with arguments on either... on anything. You can say whatever you want. (Mr. Perez-Lugones explained the above proceedings to Ms. Lezcano in Spanish) Mayor Suarez: We're going to decide the case, ma'am. It seems like. (Mr. Perez-Lugones translated Mayor Suarez's comment to Ms. Lezcano) Ms. Lezcano (Mr. Perez-Lugones): She would like Mr. Carollo to be present, because Mr. Carollo had a meeting with them on Tuesday, and Mr. Carollo told her personally that he had voted the last time in favor of this; but he had realized that nothing that they had said was going to be realized - was going to be accomplished. And she wanted him to be present because he had expressed to her that he was going to be in her favor, because this was an injustice, what has been done with this neighborhood. That this is to destroy a neighborhood. Mayor Suarez: He said that what he voted for last time was unjust. Ms. Lezcano (Mr. Perez-Lugones): He had found that it was not the correct thing to do, that he wanted to be present. Mrs. Kennedy: Ask her if he wanted to be present, why didn't he ask us to defer this item for another time? (Mr. Perez-Lugones began to ask Ms. Lezcano the question in Spanish.) Mayor Suarez: She can't be expected to know that. She can't be expected - explain that to her, she can't be expected to know that. (Mr. Perez-Lugones explained the above to Ms. Lezcano in Spanish.) Mayor Suarez: You have to make your presentation now. The Commission wants to hear this item, so just tell us what you think about the proposal, ma'am. Mr. Plummer: Well, let me just make it, because some people don't understand, and I think what we need to understand, that what has been requested by the applicant, the hospital, is to grant another one-year extension, is that correct? Mr. Perez-Lugones: No, the applicant is her. Mr. Plummer: No, no, the hospital. They were granted approval prior, with a one-year time,... Mr. Perez-Lugones: No. Mr. Plummer: ...and that time ran out. Mr. Perez-Lugones: No. fd 127 October 23, 1986 0 Mr. Plummer: No? Mr. Perez-Lugones: They went ... prior to this, they went for the zoning change, which was granted. Mr. Plummer: OY., so then I don't understand it. Mr, rPYF-7-l•1T90nes: They went for the zoning change, which was granted. Recently, they came pnd requested special exception to have an office and medical fpcilities rt the location where the zoning change happened. This application was granted by the Zoning Board, and appealed by an objector. Mr. Plummer: So this has nothing, really, to do, then, with the initial application, which was pFssed. Mr. Perez-LugoneF: That's correct. Mr. Plummer: What is now before us is a second request for a major use permit. Mr. Perez--Lugones: No, it's a special exception. Mr. Plummer: Special exception permit, on the area that was previously rezoned. Mr. Perez-Lugones: Correct. _ Mr. Plummer: That was approved by the Zoning Board. Mr. Perez-Lugones: Correct. Mr. Plu-comer: And she is appealing that decision for the special exception. Mr. Perez-Lugones: Correct. Mr. Plummer: OK, then I stand corrected. Thank you. Mayor Suarez: Proceed. Whatever you want to say about the proposal. Mr. Dawkins: Nothing, but she just doesn't like it, and unhappy with it. Ms. Lezcano (Mr. Perez-Lugones): She would like to... (Mayor Suarez explained in Spanish to Ms. Lezcano) Ms. Lezcano (Mr. Perez-Lugones): You better than anybody knows that she is against this proposal, because you, yourself, had sent a special person when Mr. Ferre went to make fun of us. Mayor Suarez: I don't want to tell you how to make your argument. Really, you should talk about the project and not talk about, you know, former Mayors or Commissioners who are not here. Just tell us why you are opposed to this thing. Ms. Lezcano (Mr. Perez-Lugones): They oppose the project because, you know, all that it can bring to us, all the consequences it would be, to destroy a neighborhood, just to place there for medical offices. They are in opposition, and she brought copies of 157 signatures of persons who are in opposition to this project. And I want you to tell me how many persons are in favor of this project, because all these persons work at Pan American Hospital, and if they don't come over here, tomorrow morning they may be without a job. Mrs. Kennedy: Are there any people opposing this project in this audience? Mayor Suarez: The Commissioner wants to know if there's anyone else here that is opposed, then we have a show of hands over there. Yes. Ms. Lezcano (Mr. Perez-Lugones): Ask from them if they have received this i letter, to see if they have. Mr. Suarez, you told her that you were in opposition to this... -1 i fd 128 October 23, 1986 { 11 Mayor Suarez: I don't know what it is yet. You haven't said it. Ms. Lezcano (Mr. Perez-Lugones): You were in opposition to this project at the door of your office, and I have a witness that you told me that you were in opposition to those zoning changes which were unnecessary. Now, if you have changed your opinion because of other matters. that is your personal prerogative but you told me three times in front of your door, and you told her that you were going to be at their side, and that you had very nice memories of... Mayor Suarez: Of all the things that you said, the one thing I remember that is definitely true - I'm not saying the rest is not, just for the record - is that I did do very well in that area, and that I do have very good remembrances of my voting turnout in that area. That's certainly the case. Mr. Plummer: That.'- in the past.. Mayor Suarez: Of course, that was the last time around. You never know next time. Ms. Lezcano (Mr. rerez-Lugones): But Mr. Suarez, I'll tell you, that you were elected saying that you were going to be the Mayor of the people, but she believes that you have changed and that you are the Mayor of the millionaires. Mr. Plummer: The Mayor of what? Mr. Perez-Lugones: Of the millionaires. Of the millionaires. Mrs. Kennedy: Of the millionaires - not of the people. Mr. Plummer: O000000000. Ms. Lezcano (Mr. Perez-Lugones): Because I see that you are changing your opinion, since January 8th to the 14th of this month, when she went to see you. You told her - she said that you told her that you were afraid. Don't you remember that? Mayor Suarez: No, really, we can have this any time you want. You know, we can have this debate with the media present, or without the media present with as many people as you want. We can have it at Flagami, you can have it anywhere you want, but you really should address the issue of this application here. Ms. Lezcano: (As translated by Mr. Perez-Lugones) She doesn't know how many times she explained that to you. Mayor Suarez: Let me explain to her in Spanish that... just so everybody knows that doesn't speak Spanish, that basically, you are going to have to insert certain things into the record to make your objections formally. You don't know how the Commission is going to vote, and you ought to do that. (COMMENTS IN SPANISH) Ms. Lezcano: (As translated by Mr. Perez-Lugones) I really like to think the Commission is going to vote on this. Mayor Suarez: Do you want to say anything about the project? Ms. Lezcano: (As translated by Mr. Perez-Lugones) .... in our neighborhood, with the traffic, they don't have enough parking. It is unnecessary, and they have not asked that they bring a tow truck to take the cars from in front of their houses. They haven't asked for a traffic light that they want to place there. This is going to bring a number of consequences to the neighborhood, and you know that. Mayor Suarez: On the issue of the traffic lights, I remember you stating that there would be a total of three traffic lights in front of the hospital. Ms. Lezcano: (COMMENTS IN SPANISH) Mayor Suarez: straight. a. Wait, let him translate it so we can try to get that issue 129 October 23, 1986 Mr. Perez-Lugones: (COMMENTS IN SPANISH) Ms. Lezcano: (COMMENTS IN SPANISH) Mr. Perez-Lugones: No. there is one on 57th, one on 58th, and one that is projected to the place, between 54th and 60th which makes... Mayor Suarez: So that is what you said, right? Ms. Lezcano: (As translated by Mr. Ferez-Lugones) That will be the... Mayor Suarez: So that is what you said. That is what concerned you, right? Ms. Lezcano: (As translated by Mr. Ferez-Lugones)... in the middle of the street, so doctors can go back and forth, and then that light is going to be paid by the City, neighborhood and contributors. That, is unnecessary. Mayor Suarez: Let me clarify, that is an interesting point. Who does pay for that traffic light? We are going to clarify one point for you. Do you want to state it on the record, Counselor? Mr. Al Cardenas: Mayor, for the record, my name is Al Cardenas, I am here on behalf, I guess, of the appellee in this particular matter. Our covenant is very precise on that. It says that if the County, Dade County, does not pay for the traffic light, we will pay for it in total, and not... there will be no City of Miami funds involved. Mayor Suarez: (COMMENTS IN SPANISH) Ms. Lezcano: (As translated by Mr. Perez-Lugones) That is something that is going to be detrimental. It isn't going to help them. Mayor Suarez: Proceed. Ms. Lezcano: (As translated by Mr. Perez-Lugones) The tow truck - why do they need a tow truck to tow the cars that are parked in front of their houses? - to get into problems with the people who would be parking in front of their houses, maybe somebody would get there with their mother dying. Mayor Suarez: That is a very good point. Why does the City propose that as part of the covenant? How does that benefit anybody? I don't understand that. Can anybody answer that for me?... on the towing and all of that? How does that benefit the neighborhood? Mr. Cardenas: Mayor, I can answer that now, or I can wait until she is finished, because I was going to cover, very quickly the background of what is contained in the special exception resolution. Mayor Suarez: Can you just answer that question very quickly, while she is mentioning what... f Mr. Cardenas: Yes, the issue came up during the special exception hearings, and incidentally, we had three of them before the Zoning Board. The issue came up that they... of concern over the traffic and the parking, and the Zoning Board asked us to see to it that a number of things took place. This happened during the first hearing, and then during the second hearing. The ' final product, on the third hearing, to make a long story short is that we a came up with a new parking plan on the hospital. It has nothing to do, r really, with our application, because it is the property across the street; but to accommodate the concerns of the three or four neighbors who have been showing up to the hearings, and we came up with 67 additional parking spaces t that were not there previously at the hospital, to alleviate that issue, which really wasn't an issue with our property, because we met the code in that situation. The second issue that was brought up was traffic, and a member of the Zoning Board, at that time commenced the discussion that perhaps a traffic +' signal would be appropriate, and they said if such was found to be appropriate, and of course Dade County has to make that decision ultimately, would we pay for it? - and we said, yes, we would, if we have to. In other 3 words, if Dade County in its own volition did not do it, we would pay for it; and furthermore, that we would voluntarily initiate the efforts to see to it that Dade County approved the traffic light, and based on that situation, when the motion was drafted by the motion maker at the Zoning Board, it included -- 130 October 23, 1986 that requirement, and we accepted it, and that his how we got here with it. To me, and the third issue was the tow truck, and members complained... Mayor Suarez: That was the only one I was interested in right now, but you made a t.hird... Mr. Cardenas: That is right, I am sorry, Mayor. Mayor. Suarez: ... and was hoping I'd forget it or something. Mr. Cardenas: I am sorry. The third was the tow truck, which was dealt with in a similar treatment, and the question was, well sometimes in the past we have had people park in our front lac#•ns that either were visiting or working at the hospital, end we said we were going to remedy that. with 67 parking spaces, but if you want to, we will have a 24 hour tow truck service, and a number you can call 24 hours a day, and if you call that number, somebody will be out there in no time to remove that car in front. of your lawn, you are not to suffer through those consequences, and again, that was part of the motion that was adopted on '.`_)at basis. Mayor Suarez: You just reminded me of snother point. You also raised the point in a meeting we had abort the number of parking spaces at the hospital and the fact that. you were not able to verify how many were there. Do you want to translate that for me? Mr. Perez-Lugones: COMMENTS IN SPANISH. Ms. Lezcano: (As translated by Mr. Perez-Lugones) She is saying that you were going to verify that. Mayor Suarez: No, I said that I was going to send one of my aides with you to make sure that you were allowed to verify it. Mr. Perez-Lugones: (COMMENTS IN SPANISH) Mayor Suarez: Were you able to verify how many parking spaces they have over there? Mr. Perez-Lugones: (COMMENTS IN SPANISH) Ms. Lezcano: (as translated by Mr. Perez-Lugones) That person you tried to send never arrived. Mayor Suarez: Apparently you never called him, but it doesn't matter. Do you have the number of parking spaces over there that you claim you have, Al? Will you state that for the record, Guillermo? Mr. Olmedillo: If I may address that, Mr. Mayor, the applicant has not submitted any real parking plan for the hospital. They have presented us an option to rearrange the parking area, and they claim that they can add approximately 60 parking spaces to the present hospital parking lot. Mayor Suarez: Do you think that they can? Mr. Cardenas: Mr. Mayor, if I may, I am submitting a plan, which is part of the record, which indicates a parking layout, indicates a number of parking spaces, and we are committed to restructure the parking facilities to comply with the plan that is before you, and... Mr. Olmedillo: Again, if I may address it, the parking lot, the sign has to be reviewed by our zoning people, because there are certain things, certain criteria they have to meet that at first sight, they didn't meet, the meeting that we had, that is why we never had an official submission of the plan. Mr. Plummer: But, that is not tied to this application. Mayor Suarez: Yes, that is a good question, it is not tied to this application. Ms. Lezcano: (As translated by Mr. Perez-Lugones) Mr. Al Cardenas said at this hearing that the St. Dominic church was going to provide 100, 150 parking spaces, because they understood they were lacking parking. They said 131 October 23, 1986 that they were going to produce 67 parking at the Pan-American Hospital. A question that I am going to ask you, is Fan -American Hospital was on sale? If they build the doctor-s offices across the street, and the FAn-American changes hands, where Pre the people going to be parking? Ve are not going to be parking those people who ....from the 67 parking spaces on the other side. Are they going to be parking in front of my hcupe-, nd the 170 parking spaces that St.. Dominic was going to give them. we would live to see the contract. I have here the three letters from St. Dom.iric where they deny everything from Mr. Cardenas. Here is where we c_an see that have bEen lying from the beginning, everything that begins with a lie and .1 will leave this to your conscience if you want, to destroy my It. is in your hands. Go, destroying neighborhood by neighborhood, but the voters are going to go to Key West. Voters of Miami will have to go to Key Vest, from what I see, they don't have any backing in this Commission. The only person who voted no, to this project. was fir. Flummer. Miller Dawkins, that day he was sick, he couldn't be here. Fir. Carollo now, he is saying that what he did is not correct, that- he wants to have an opportunity, and now let's wait. so that you can at least.... like a neighbor who said that she was waiting that Xavier Suarez wouldn't leave the.... You can do whatever you want.! (summarizing) Mayor. Suarez: That is a pretty fair., liberal translation! But, you know, if you follow all of your logic, and I don't think any of this is related to the project in this particular point, Miami is going to be left without any of the little people, and only left with millionaires! It is going to make our job a lot easier, you know, because they are going to have so much money to pay in taxes and so on, but that is your logic, if you tie one thing with the other that you saidl Really, you should... I don't want to answer some of the other things that you said in allegations, but you should really stick to the argument on this particular project. Is there anyone else that wishes to be heard against... sir? Mr. Perez-Lugones: (COMMENTS IN SPANISH) Mr. Jose Fernandez: Good evening, my name is Jose Fernandez. I live at 620 N.W. 59th Court. This is the eight time that I am coming to this Commission opposing strongly against the proposed Pan-American Hospital. About the parking spaces, let me remind you, Mr. Mayor, that you sent somebody to count the parking spaces at the Pan-American Hospital. Who was going in there, was supposed to go was Yolanda. He never met her. Mayor Suarez: We heard that already. Did she ever call my office and say that they were preventing her from counting the spaces? That is all we offered to do. Mr. Fernandez: All right, now back in 1973, when Mr. Kennedy was the Mayor of the City of Miami... David Kennedy, her husband, the Pan-American Hospital required to get 140 parking spaces, so the Commission granted to waive 28. Here is the letter of that date from the City Commission. Mayor Suarez: It could not have been 1978, but it may have been some other... Mr. Fernandez: Right now... that was in 1973... right now, they have about 400 people, employees, in there. They are supposed to have 274. They waived 28, they are supposed to have 243, and I think that they don't have even 200, 220 parking spaces. They have been taking parking spaces without authorization, or I don't know. Now, they have about 400 employees. Where are the patient's visitors going to park their cars? Another thing, here is a letter that you are supposed to have one with you. This letter was submitted to the Zoning Board from the St. Dominic's Church, which is a false letter submitted by a lawyer. You saw it? Mayor Suarez: Yes, I sure did. Mr. Fernandez: Now, that letter, if you want to read it, I will read it, but you have it right in front of you. Mayor Suarez: No, we talked about the letter last time. There is no need for you to read it. You can put it in the record, in fact, it is part of the record. Mr. Fernandez: That was letter was mailed on March 26, 1986. Now, we have a letter in here, an authentic letter, with the seal of St. Dominic's Church, on 132 October 23, 1986 July 14, 1986, who denied every agreement, verbal, or in writing, with the Pan-American Hospital. You have to have that letter in there. You want I read it to you7 I will. Mr. Plummer: Read it. Mr. Fernandez: All right. It says, "July 14, 1986, To Whom It May Concern: This is to inform you that, I, Reverend Perez, Pastor of St. Dominic Catholic Church, located at 5909 N.W. 7th Street, Miami, Florida, have not made any contract or agreement., in writing, or verbal, with Pan American Hospital Administrator regarding the use of St. Dominic Parish parking lot for the benefit, of Pan-American employees. It is the intention of St. Dominic Church to promote snd maintain a good neighbor policy and help deter any di.ssgreement and misunderstanding among the neighbors. (signed) Reverendo Perez," and the St. Dominic Church seal is on it. It is very disgraceful for a lawyer to submit a false letter right in front of you, the Commissioners. You represent the government of the City of Miami. Mayor Suarez: Let me ask you a question, because you are making pretty strong allegations here. When the priest wrote that letter that you just read, did he know that another letter supposedly, had been circulated with the parish letterhead? Did he know about the other letter?... the one that you say is false? Mr. Fernandez: I don't know. He found out when we told him about it. Then he got mad and he wrote that letter. Mayor Suarez: But, he didn't make any reference in that letter, to the other letter. I wonder why? Mr. Plummer: Who signed the first letter? Mr. Fernandez: The first letter, is not signed, or affixed. That one is false. Mr. Cardenas: Mayor, if I may, because that is strong allegation. Again for the record, my name is Al Cardenas, I am the attorney for the applicant. We have here, a young lady, an employee of the hospital, who is prepared to state on the record, that the letter that I tendered to this Commission and to the Zoning Board, the other administrative bodies, was a letter tendered to her personally by the individual priest who was in charge of St. Dominic's at that particular time, and I just want to put that on the record, because we respect the integrity of this hospital, its administrators and employees, and we certainly can't let that accusation go unanswered, and we are ready to... Mayor Suarez: OK, I don't think it really has all that much to do with the matter before us, but there is a strong allegation and it is fair to have an answer to it. Mr. Plummer: Let me ask this question. Al, in your covenant, or in your proffer, does St. Dominic's lot, is it tied to this application? Mr. Cardenas: No, sir. Mr. Plummer: All right, then it is immaterial, OK? It is immaterial to the point that it doesn't affect this application. In other words, this application here does not depend, yes, or no, on this letter. Now, the accusations you make are pretty heavy accusations, but I think the important factor is, does that parking space directly relate to this, and the answer is no. So, you know, I understand what you are saying, but I don't think it directly relates to this application before us. Mr. Fernandez: Well, in reference to the application, since the beginning, Pan-American Hospital, who Mr. Cardenas represents, has been lying to the City Commission and to all the neighbors. They called two meetings, tried to get together with the neighbors. They didn't nothing out of the neighbors, and ; they have been lying all over to the City Commission, and then... Mr. Plummer: Could you use the word, misrepresenting, or...t Mr. Fernandez: Well, misrepresenting, all right. Mr. Plummer: We]], but. lying is a heavy accusation, I... Mr. Fernandez: Then, they changed their mind, what they was going to build in there for three, four times. You know that? Mr. Plummer: Yes, sir. Mr. Fernandez: Right, they have been lying, they misrepresented, like you say, all. right. Mayor Suarez: Wait, let me ask you a question. They changed their minds what they were going to build there. The last time that they came before this Commission in 1985, Fnd their change of zoning was approved, what did they have in mind at. the time, as far as you remember? Mr. Fernandez: First, thing, they said they were mooing to put up thirteen offices over there, and they say some kind of about that. Mayor Suarez: That was 19857... thirteen offices? Mr. Fernandez: Yes. Then, they changed, because the Commission doesn't accept that, so they came over with four doctor's offices, with only twelve parking spaces. If there is four doctors, four secretaries, one receptionist, so only what is left is three parking spaces for the visitors, for the patients, four doctor's offices. Mayor Suarez: Bold that argument. That; is a good argument. What about that, Counselor? Mr. Cardenas: Mayor, first of all, as you know, parking spaces are calculated on a per square footage basis. We exceed the parking requirements on this particular facility that the code calls for. We made a statement, and I will make it again, that there are four doctors, four nurses, two additional employees that will be working at this facility. There are more rooms, because anybody who has gone to a doctor's office understands that doctors have several waiting rooms where he goes to examine patients, and any efficient doctor's office has examining room number one, examining room number two, examining room number three, examining room number four, and so forth. I made a statement, and I will make it again, that these are four doctors who are also administrators of the hospital and who are going to be here at this particular facility and they have four nurses, and they have two other employees and the parking that they provide on site, exceeds the City's code requirements. In addition to that... Mayor Suarez: Yes, but that is a technical answer, and we get... Mr. Cardenas: OK, but in addition to that... i Mayor Suarez: Technically, the City, on the other hand, says, even though this rezoning was approved before, and even though now we are here only on a special exception, they can go back and recommend that denial of something that was envisioned, in fact... Mr. Cardenas: Right, let me go over it... Mayor Suarez: So, everybody thinks technical on both sides, and I am not getting an answer to a logical question. Mr. Cardenas:... again, if I can. To resolve that particular issue and the concern expressed by the neighbors, because yes, sir, you are absolutely right, this is a permissible, and not a permitted use in that zoning category. There were three hearings before the Zoning Board. There was a lot of work that staff performed, and there were particular spaces designated across the street for the use of the particular employees of this facility. Part of the resolution, and the motion that was adopted, and the resolution which followed, and makes a provision relative to that particular statement that I am stating. Here is what it says, it is item number four of that motion, Mr. Mayor, providing ten off-street parking spaces on the hospital site, located 134 October 23, 1986 at 5959 N.K. 7th Street, so in reality, if you take these, as per the motion, and if you take the ones we are providing, we are doubling the code requirements, and we further proffered earlier, now, we will further proffer it this evening, that... Mayor Suarez:: Fill those be marked for the exclusive use of this office? Mr. Cardenas: Not only thAt, to make it easier on the visitors, And so that there is no change that there will be visitors over spillage, 011 of the employees who Y-511 be working At this facility will be parking At those ten designated spots, so that All of the spots provided At this particular facility, will be provided for the visitors, And not the employees. Mayor Suarez: You know, I have to tell you that yoij had better do it that way, because I have been to the hospital A couple of times in my life, and finding parking spaces there At the hospital was always difficult. Mr. Cardenas: Absolutely. I will say this, Mr. Mayor, if I... Mayor Suarez: You said, absolutely, before I finished my statement. Mr. Cardenas: I'm sorry. Mayor Suarez: That parking was difficult there. I mean, I may have said the opposite, and you still said, absolutely, so... Mr. Cardenas: My statement was contingent on this. There is no doubt that this was a difficult situation to begin with. Commissioners Dawkins and Plummer recalled those meetings. There were 90 some neighbors at that time when this whole thing got started. There was fear expressed about hotels going up, six story buildings going up, and so forth. We have had at least ten public hearings in the various administrative boards on this Commission. This project bears no resemblance to what got started. What is before you is not a zoning decision. You may or may not agree with a zoning decision that the Commission made earlier. What is before you is the following: I did not handle the filing of the application. I came to represent the client after he was through the original rezoning hearing before the Zoning Board. As a result of that, I inherited an ongoing application, which failed to have with it an accompanying special exception application, which would have made this whole process we are before this evening, moot. Unfortunately, when I inhe-'ted the application, that was the status quo of the situation. We proceeded through with a hearing, we made numerous negotiations with staff, with the neighbors at the two meetings that mentioned, and so forth, and came up with a rezoning that was accompanied by a voluntary covenant, which we earlier proffered. Based on that covenant that we proffered and the rezoning, we came before the Zoning Board on the special exception. Now let me tell you very simply what the legal issue is. The negotiations that took place before the City Commission, and Commissioners Plummer and Dawkins recall it, were so extensive, as were negotiations with staff and concessions to the neighbors, that the only use that we could possibly have on this site, based on those covenant restrictions, is the use that we are applying here before you this evening. If, in fact, you do not agree with the Zoning Board, with all the other decisions that were made earlier, you will, in fact, have provided our client with a useless property, because the only thing other than what we are seeking to have here that is permitted is a school or a church, and we are neither in the school or church business: so it was obvious to me and obvious to the Commission at the time that the zoning was granted, that what was eventually going to take place in this particular property, was the use that is before you this evening. But, that is not all. We have to file for a special exception application. We went before the Zoning Board, and in spite of the fact that we had made all those negotiations with administrative boards, and with the City Commission to get the rezoning, we had to go through a whole new renegotiation effort that really had nothing to do with this property. It had to do with St. Dominic's, the hospital and so forth, and there were a number of important concessions made again to the residents, and I think if you will recall, last time when you deferred this item, those who appealed this case made a statement that it was too bad it was in the daytime, because he would have sent a packed house here. As a matter of fact, there are four opponents, there are 40 proponents for the use, and I have got here a petition signed by over 300 people, 60 percent or more of them, definitely residents and citizens of the City of Miami, who are in favor of this application, many of whom live within a two mile radius of this particular 135 October 23, 1986 use, and I want to proffer to the Clerk at this point, but going back to that situation, it was... Mayor Suerez: Wait, Al, I am sorry, and I have not taken everybody out of turn, but really, let him complete his presentation. Mr.. FernFndP7 : All right. Mayor SuFrP2: Don't worry about the time. You have had plenty of tim6# but you will have more time. Mr. Fernandez: _ 94 signatures opposing. Mayor Suerez: We have got those in the record. Mr. Fernandez: All right, now, here is 157 signatures of neighbors who live within 375 feet from the , right. here. You should have a copy of this. You know, np.me by name, and addresses. Now, all those signatures he is giving there, are people living. In Hialeah, Westchester, probably in Key West, or 20 miles from there. They are not really neighbors. They don't represent the neighborhoods They have got no families in there. I've got my family there. I've raised my two sons. Mayor Suarez: You want to ask how many of the people that are here are in favor of this exception that Live in the neighborhood? Do you want me to ask them that? Mr. Fernandez: Yes, ask how many live in the... Mayor Suarez: Would you raise your hands if you live in the neighborhood? Mr. Plummer: Live within 375 feet. Mayor Suarez: Or, even live in the City of Miami. Mrs. Kennedy: Or the City of Miami. Mayor Suarez: I mean the City of Miami, City of Miami, not Greater Miami. All right, a heck of a lot live in the City of Miami, not that many live in the neighborhood, anyhow. Mr. Fernandez: How many of them can show a letter like this? Mayor Suarez: Well, presumably, the ones that live within the code requirements. Mr. Fernandez: I know Mr. Angullo , that was sent by American Hospital, trying to collect signatures in the beginning. The last house he reached was me, and he said he collected only two signatures in there, because there was people that was no , and I brought 94 in three hours. Now, here... Mayor Suarez: The argument is not going to be determined on the basis of how many people are for, or against, or so on, but you have made yu..r point on that, so go ahead, proceed, what else do you want to tell us? Mr. Fernandez: Tonight, you don't see here, so many people like I brought here, Mrs. Yolanda Lezcano, because people get tired to get down here, 40, 50 people, and the Commission has some of them. Now, myself, I ask... Mayor Suarez: Well, that is one possibility, that they get tired. The other possibility is that over the time that this has been considered, the project has been reduced in size quite a bit, and people may be, at this point, not willing to come to City Hall to oppose it, I don't knowl Go ahead. Mr. Fernandez: I want to tell you something tonight, that you, Mayor, and - Commissioner Kennedy, probably don't know. Mr. Plummer will know, what I will mention, and Commissioner Dawkins, too. Pan-American Hospital owns three or four acres of land in the other side of the canal, right behind the ran - American Hospital. Why, that is the question, why they don't do whatever ;hey want there, that nobody is going to oppose?... and they want to invade our neighborhood, where I live in there for twenty years, and so many people in 136 October 23, 1986 there living there for, 20, 15 years, families in there, like myself, and to see, that we Mrs. Kennedy: Mr. Mayor, let me just... I have heard a lot of the arguments back and forth, but let me ask you something. The previous Commission approved a zoning change from residential, to multifamily. That also Includes doctors and dentFi offices. Now, also in the negotiations, there is a stipulation that says, and I am reading, "no use shall be merle of, nor. any activity conducted on the P ject property between the night time hours of 10:00 p.m, and 6:00 a.m., prevailing _ time, so that clearly leaves multifamily out., so the only thing. really, that can be built is a doctor's or dental offices. I think this is something that has already been decided by a previous Commission, and 1 don't see Fny other way. Mr. Cardenas: Not only that., but I will say this to you, because you are not really making a decision which is an irreversible decision in the event you were mistaken in your wisdom... I hope you understand what you are agreeing to here this evening,. You are agreeing to a one-year conditional use, revisited by the Zoning Board, which in essence, tells us and you, that all of the complaints that the neighbors hpve raised, we have hopefully answered through the plans that. we have promulgated. The question was asked, "Well, what if they don't keep up with what they are telling you they are going to do?" We would be very foolish to do that., because in one year this matter comes back up for review again, and who in the world is going to go through the expensive proposition of spending $1,000,000 on a site they don't intend to comply with, and live up to, so you could yank, that. conditional use away from them, and be left a useless piece of property. Obviously, that hospital has a financial need to comply, if not a moral need to comply with the situation. You are not giving us a free ride on the situation. We have had two years of negotiations with the City. This Is the only land use left for this piece of property that we can use it for. It carries covenants that have nothing to do with this project to alleviate a neighborhood situation, and furthermore, you are going to review it in a year. I don't see you making a magnanimous decision here. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: I was here, I voted against this project in the beginning. Since that time, we have been here, back and forth, just like we spent almost an hour and one/half here now and we did something to the neighbors, in that the neighbors did not have a lawyer, and the Pan-American Hospital had a lawyer, therefore they were able to get what they wanted, and the neighbors didn't, that is our fault, their fault, or whoever. Now, I think the votes are the same, and if we sit here until 12:00 o'clock discussing this, the votes are still going to be the same, so I am going to make a statement, and I'd like to make a motion. I have spoken with Pan-American Hospital, I hear the attorney when he says only four doctors will be in this building, I find that hard to accept, but he has no reason to lie. What will be in the other building? There is two buildings there. Mr. Cardenas: That is correct. There will be three doctors on one side, and one doctor on the other with their appropriate staffs. Mr. Dawkins: OK, in the other building over here? OK, now, I do not accept, but I don't live out there, the tow -truck theory, OK?... but I don't live out there, because it is impossible for somebody not to park on my lawn, because you have got no place else to park, and while the tow truck is moving one car, six more cars will park. See, but that is a way of life. Now, these are the things that I spoke to the Pan-American administration about, and these are some things I would like to see us consider when we come back next year. Number one, do we have a copy of... would you put this up there, please?... Now, at the end of the year, I would like to revisit this with the neighbors, and I've got a commitment from the Administration, I hope they gave it to you, that in the event that the cars do park on people's lawns, 59th Court and 60th Avenue, and the neighbors decide that they want to cul-de-sac, and cut off 60th Avenue and 59th Court, and just have a pedestrian way through there, the hospital has agreed to do that, OK? They made that, that is one. The other commitment they made is, in order to be good neighbors, and I don't know whether the neighborhood will accept this as being neighborly or not, but if they create a hardship, they are willing... and this is again, this is from the Administration, to offer for any inconvenience, one day a month free medical service. I don't knout what that means, I don'tknow how many people need it, etc., but. those are the two commitments that I got, and I am not going to sit here and lie and sap that the neighbors are not going to have trouble with people parking on their 1prns, they are! Put.. this is something _ that passed. I voted against it, but in voting against it, I cannot sit up here and go throz+gh this any longer. therefore, Mr. Mayor, I &m going to make a motion that we approve this special exception, and my friends will be angry with me, t~ut that is whr-t I have to do. Mayor Suarez: So moved. Mr. Plummer: What was the motioi,? Mayor Suarez: To approve the special exception and deny the appeal. Ii0 second? I second the motion. Mr. Dawkins: Mr. J. L. ... Mr. Plummer: I've got it. There is a motion made to deny the appeal. Is the motion understood? Any further discussion. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-863 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE APPEAL OF THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE Z014ING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 2 OF 6, RG-3 GENERAL RESIDENTIAL, PRINCIPAL USES AND STRUCTURES„ TO PERMIT ACCESSORY INSTALLATION AND FACILITIES FOR THE PROPERTY LOCATED AT 5950-60-80-90 NORTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, FOR THE PAN AMERICAN HOSPITAL LOCATED AT 5959 NORTHWEST 7TH STREET, SUBJECT TO: (1) THE APPLICANT PROVIDING A 24-HOUR TOWING SERVICE AVAILABLE FOR USE BY THE NEIGHBORS IN THE AREA IN CASE OF ILLEGALLY PARKED CARS; (2) APPLICANT PAYING FOR THE INSTALLATION OF A TRAFFIC LIGHT IF APPROVED BY DADE COUNTY TRAFFIC AND TRANSPORTATION; (3) OPERATING HOURS OF FACILITY TO BE MONDAY THROUGH FRIDAY FROM 8:00 A.M. TO 6:00 P.M.; (4) PROVIDING TEN (10) OFFSTREET PARKING SPACES ON THE HOSPITAL SITE LOCATED AT 5959 NORTHWEST 7TH STREET; (5) PROVIDING ALL DEDICATIONS AS REQUIRED BY THE PUBLIC WORKS DEPARTMENT; AND (6) A REVIEW BY THE ZONING BOARD ONE YEAR AFTER DATE OF ISSUANCE OF CERTIFICATE OF OCCUPANCY; ZONED RG-3/5 GENERAL RESIDENTIAL. THIS SPECIAL EXCEPTION 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 Mayor Suarez, the resolution was passed and adopted by the following vote - AYES Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mr. Plummer: I vote no, in being consistent. Mrs. Dougherty: I don't think that was correct. Mayor Suarez: I will state additionally, that I discussed this matter with both sides and up until now, I had not only not decided how I was going to 138 October 23, 1986 ;' vote, I hadn't told anybody, and anyone that says anything to the contrary should search his own conscience about it, but anyhow, I would have voted against it if I had been here in 1985. 1 think I would have voted against it, although I am not so sure now, having heard, you know, the presentations of some of thQ opponents and the arguments that they used, totally directed at individuals, and not at the project itself. Mr. Pawkin Well, I was here, and I voted rgainst it fcr the simple reason that. I felt it was an intrus;on on the neighbors, but. since that. time I mean, and we sent everybody to the drawing board in Fn effort: to woi-k things out, and some kind of a way, it just didn't get. through, but. we, and I have to say we, because the vote was three to two, we made, we passed a 7onin.g change, and regardless of how the other two might feel, and three members made it, the Commission made the change, so to keep going back and forth and having the residents think that we. are: going to make some changes that we are not going to make, it is just building up false hope and what have you, so you know, do what we are going to do, and let's go aheedl Mayor. Suarez.: Thank you, and by the way, that specific sketch, and that plan that you have got there, the model you have there, is built into your covenant, and it. had better look like that, because that looks quite nice, and it better not do any aesthetic harm to the neighborhood, and hopefully it won't do any harm in terms of traffic or parking. Thank you for your presentations. Item 1.7, I believe. Yes, Aurelio. Mr. Perez-Lugones: He wants me to translate the action. Mayor Suarez: Yes, do it for him privately, would you please? Mr. Perez-Lugones: (COMMENTS IN SPANISH) Mayor Suarez: Can you just explain it to him outside, so we can proceed to the next item? 37. DIRECT PLANNING DEPARTMENT TO STUDY AND RECOMMEND ON POSSIBLE ELIMINATION OF ALL TRANSITIONAL USES. Mayor Suarez: Do we have any more Planning and Zoning? Mr. Plummer: Mr. Mayor, I'd like to make my motion at this time, under Planning and Zoning, that the Planning Department... is it to be a study?... or recommend back to this Commission about the elimination of transitional uses throughout the City. I so move that as a motion. Mr. Pierce: We will undertake that immediately. I don't think you really need a motion. Mr. Plummer: No, because if it... I don't want you to go study it if this Commission doesn't agree with it. That is the only way I know to get done. Mr. Dawkins: I second it. Mayor Suarez: Moved and seconded. Any discussion? Mr. Dawkins: And don't take all yearl Mayor Suarez: Call the roll, and hopefully, in the process we will be moving toward a simpler system of classifications too, please . Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-864 A MOTION AUTHORIZING AND DIRECTING THE CITY PLANNING DEPARTMENT TO FURTHER STUDY AND RECOMMEND TO THE COMMISSION AS TO POSSIBLE ELIMINATION OF ALL TRANSITIONAL ZONING USES IN THE CITY. i 139 October 23, 1986 Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- - AYES: Commissioner J. L•. Plummer, Jr. Commissioner. Roeerio Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mr. Dawkins: How long do you think it will take you to get back?... at the next meeting? Mr. Pierce: No, it has to go through Planning Advisory Board first. Mr. Rodriguez: And we have to look at the implications that it might have for some of the properties which now presently have the transitional use. Mr. Plummer: No emergency. 38. SECOND READING ORDINANCE: ORDINANCE 9500 ATLAS CHANGE FOR RG-1/3 TO CR- 2/7 AT APPROXIMATELY 4220, 4234 AND 4244 N.W. 2ND STREET AND AT APPROXIMATELY 4225 N.W. 1ST STREET (APPLICANT REPUBLIC NATIONAL BANK OF MIAMI) ------------------------------------------------------------------------------ Mr. Rodriguez: You have still one Planning and Zoning item left, number one, which I believe.... Mr. Plummer: Oh, yes. Mayor Suarez: That is up to Commissioner Plummer, who has asked for it to be tabled. Mr. Plummer: Mr. Mayor, I have gone through the covenant, and I have read it, and I move PZ-1. Mr. Dawkins: What is PZ-l? Mrs. Kennedy: What is that? Mr. Plummer: Republic Bank. Mrs. Kennedy: Second. Mayor Suarez: PZ-1, moved and seconded after being tabled all day. Mr. Plummer: Read the ordinance. Mr. Rodriguez: Mr. Mayor. Mayor Suarez: No, you can't charge for all this time you were sitting here waiting. You can bill it to... Mr. Dawkins: To Plummer: Mr. Plummer: Sergio... Mayor Suarez: J.L. Mr. Rodriguez: There is a minor problem with this, because the comprehensive plan has been already approved. I am sorry, this has already been cleared, right? That is OK. Mayor Suarez: Grandfathered in? OK, call the roll. 140 October 23, 1986 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 4220, 4234 AND 4244 N.W. 2ND STREET, AND APPROXIMATELY 6725 N.W. IST STREET, Mlx=.tI, FLORIDA, (MORE FARTICIIL4RLY DFSCRIFFD HFRFIN) FROM, PG-1/3 GENERAL RF S I T)T? T. I AL (ONT AND 7V0- FAI', I 1..Y ) TO CR- 2 / 7 COMMERCIAL -RESIDENTIAL (CUI4fITIJITY) FY M1,YIhNG FIIJDINGS; AND BY M,AVJNG ALL THE hiTCFSSARY CHANGES ON FADE IJO. 32F OF SAID ZONING ATLAS 11ADE A FART OF ORDINANCE IJO. 9500 BY RFFFRFIJCF AND DESC.R I FT I ON I14 ART I CLF. 3, SECTION 300, THERFOF; CONTAINING A RF:FEALE:R PROVISION A14D A SEVERAPJLITY CL. USF. Passed on its first reading by title at. the meeting of September 25, 1986, was taken up for its second gnd 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10175. 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. ------------------------------------------------------------------------------ 39. REQUIRE FULL DISCLOSURE AND BACKGROUND CHECK OF ALL ENTITIES NEGOTIATING WITH THE CITY FOR GRANTING OF CITY LEASES. ------------------------------------------------------------------------------ Mr. Plummer: May I try another one on for size? Mayor Suarez: Yes, Commissioner. Mr. Plummer: Mr. Mayor, I would like to propose that the Administration... where is Cesar? , Mr. Odio: I am here. Mr. Plummer: I would like to propose that the Administration come back and recommend to this Commission in the very near future, that all City leases in the future, that a full disclosure must be made of all participating parties, and a background check run on every individual that is a participant, and I so move. Mrs. Kennedy: I second. Mayor Suarez: Background check... I am sorry? Mr. Plummer: That in the future, all City leases, that a full disclosure must be made and that a background check be run on all participating parties. Mrs. Dougherty: What happened? Mayor Suarez: That would be asked of corporations, or whatever, the officers, not... 141 October 23, 1986 Mr. Plummer: Full disclosure. Mayor Suarez: Not every single member of a club, or something? Mr. Plummer: Not a club, no, but it would be the officers, of course. (INAUD1Bl,F P-ACVGPf)MT'►) COMMENTS) Mr. Plummer: And the City Manager come back and recommend to us at the next meeting. Mayor Suarez: Oh, I am sorry, you are not asking for it to be on... Mr. Plummer: 14o, no, no. It has got to be an ordinance, I am sure! Mayor Suarez: All right, I don't know how I am going to vote on that at some point, but I guess at this point it is OK for him to look at, whatever. Moved and seconded? Any discussion7 Call the roll on that. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION 140. 86-865 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTITUTE A REQUIREMENT THAT IN ALL FUTURE TRANSACTIONS FOR THE GRANTING OF CITY LEASES, ALL ENTITIES AND/OR CORPORATIONS NEGOTIATING WITH THE CITY BE REQUESTED TO FILE FULL DISCLOSURE OF ITS OWNERS/OFFICERS; FURTHER REQUIRING A BACKGROUND CHECK BE CONDUCTED OF SAID INDIVIDUALS AND FURTHER REQUESTING THE CITY MANAGER TO STUDY AND REVIEW THIS ISSUE AND COME BACK WITH A RECOMMENDATION AT THE NEXT COMMISSION MEETING. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Vice -Mayor Miller J. Dawkins 142 October 23, 1986 -------------- — -------------- — --------------------------- 40. RECOMMEND THAT NEW PROFESSIONAL BASKETBALL TEAM CHANGE ITS NAME TO MIAMI HEAT. Mrs. Kennedy: Mr. Mayor, I have the resolution regarding the basketball team that I'd like to read: (THEREUPON, COMMISSIONER KENNEDY READS RESOLUTION INTO THE PUBLIC RECORD AS SHOWN HEREINBELOW) Mr. Plummer: Second. Mayor Suarez: CPll the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION N0, 86-866 A RESOLUTIO14 STRONGLY RECOMN,ENDING TO THE OWNERS OF THE PROPOSED NEW PROFESS1014AL BASKETBALL TEAM TO BE AWARDED A FRANCHISE BY THE 14ATIO14AL BASKETBALL ASSOCIATION LOCATED IN THE CITY OF MIAMI THAT THE TEAM NAME BE CHANGED FROM "FLORIDA HEAT" TO "MIAMI HEAT" TO PROPERLY REFLECT THE COMBINED PAST, PRESENT A14D FUTt1RE SUPPORT OF THE GREATER MIAMI COMMUNITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- — AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 41. FIRST READING ORDINANCE: AMEND SECTION OF ORDINANCE 10087, CLARIFY DEFINITION OF LOBBYIST; ETC. Mayor Suarez: Item 17. Mrs. Dougherty: What is 17? Mr. Plummer: The lobbying. Mrs. Dougherty: Oh, yes, we are asking for an amendment to item 17. The language was not clear in the old ordinance, and it is really a housekeeping. It hasn't changed the intent, except it is clarifying that the City Manager, and the City Manager's staff is not subject to having disclosure prior to lobbying those people. Mr. Plummer: What? Mr. Odio: Say that again? Mrs. Dougherty: The ordinance as it is presently written does not require somebody to register before they lobby the City Manager's staff, although it wasn't clear. 143 October 23, 1986 Mr. Plummer: So, what you are doing now is, if they lobby the staff, th*7 have got to be a registered lobbyist. 1 Mrs. Dougherty: hlo, they don't have to register. L Mr. Fl umme r : Vhy rot 7 1 Mrs. Dougherty: fir -cause... (INAUDIBLE Bf-.CY.CROUND COMMENTS) Mr. Plummer: No, no, not I move to deny item 17. Mrs. Dougherty- l7, what I am trying to say is, is that was our interpretation of l7 from the very beginning, so what we need to do if you want to change that, is we will amend it, or come back next Commission meeting with a different: amendment.. Mr. Plummer: That is fine, make a different amendment. I see nothing wrong, if a person is going to lobby a member of the staff, that they have to be a registered lobbyist, as if they were going with the head knocker. Why not? I move that 17 be redrafted and brought back. Mayor Suarez: So moved. Mr. Plummer: I mean, you all express your opinion. That's mine! Mayor Suarez: Yes, I would be willing to vote with it the way it is, if you want to redraft it, I am not going to oppose that, you know. Mr. Odio: In other words, now, with this one, they don't have to register when they come to see us. Mayor Suarez: I'd prefer that because of the confusion that it has caused otherwise. Here, we can ask people, and we don't... you know, we are careful about it, but anyone that... Mr. Plummer: Yes, but, hey, in your office and my office, we have got to ask if they come to see us individually, if they are registered. Mr. Pierce: They are legislators, J.L. Mr. Plummer: That is all right, what difference does it make? Mayor Suarez: I would even exclude that. I have built it into my form now, to ask people, but 99 percent of them, it is silly, they don't even understand what it means, you know, when they come here and make a presentation, I think that is adequate assurance. I was not the proponent of this ordinance. Mr. Dawkins: Call the roll. Ms. Hirai: Did you second?... second? Mrs. Dougherty: Should we pass this on first reading, Commissioner? — for the change next time? Mr. Plummer: That's fine. Mrs. Dougherty: OK. Mr. Plummer: Move 17 on first reading to be drafted differently, by second. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, WHICH GENERALLY REQUIRES THAT FT<RSONS ENGAGING IN LOBBYING ACTIVITIES IN THE CTTT RFCTcTFR WITH TRF CITY CLERK BEFORE ENGAGING 314 LOBBYING ACTIVITIFS, BY CI,ARTFYING THE DEFINITION OF ' 1.0FFYTST" THROTIGH RFSTRI?CT1TPT1JG THE PROVISIONS OF SATD SFGTTOI�, 1. — 1,A1,TC-11A =F THERETO AND DELFTT1,TG LANG= IAGF THF,RFFRO!', CONTAINING A RF_.FFALER PROMSION AND A SFVFRARTLTTY 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 J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins 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. 42. FIRST READING ORDINANCE: PROCEED CODE CHAPTER 54, ARTICLE VI (SIDEWALK CAFES") AT NEW AREAS UNDER CAFE ZONES; AMEND STANDARDS AND CRITERIA FOR APPLICATION REVIEW. Mr. Plummer: I move agenda item 18. Mayor Suarez: 18 is moved. Mrs. Kennedy: What is 18? Mr. Plummer: Sidewalk cafes. Mrs. Dougherty: Yes, I passed it out. Mrs. Kennedy: We need to read 18? Mayor Suarez: Span the central business district. You put a lot into one ordinance therel But, we have to agree with you every once in a while, Sergio. Mrs. Kennedy: How about the maintenance, and the liability of the sidewalk cafes? Mr. Rodriguez: We are going to have a master lease covering all these areas with the - D.O.T., by which we will require, like in other places in the City where we have it in downtown, that they get... the people who ask for permission will maintain it, and they will get the liability of up to $1,000,000, so with those two provisions, when we lease... when we give permission for people to open sidewalk cafes in different parts of the City, they will have to comply with that part of the ordinance, which is in Chapter 54 of the code, so we believe we have some provisions overthere that will be safe to have. Mr. Plummer: I move it. Mrs. Kennedy: I second. Mayor Suarez: Moved, seconded. Any discussion? Call the roll. 145 October 23, 1986 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CHAPTER 54 OF ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA ENTITLED "SIDEWALK CAFES," BY ADDIhTG MEW AREAS TO BE INCLUDED UNDER. CAFE ZONES II? SECTION 54-109, rDFFINTTIOhTS"; AND BY AMENDING SECTION' 54-31G, "STANDARDS A.1kTD CRITFRIA FOR APPLICATJON F.FVJFvr, A.l•TD ST-CTJO14 54-116 "FORM AND CONDITIONS OF rFRYiT." Was introduced by Commi.seioner Plummer and seconded by Commissioner Kennedy and was passed on ite first reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Y.ennedy Vice -Mayor Miller J. Dawkins 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. 43. URGE COMPANY TO GUARANTEE BAYSIDE SPECIALTY CENTER RETAIL PARCEL RENTAL REVENUE AS A PLEDGE FOR CITY REVENUE BONDS. Mrs. Kennedy: Mr. Mayor, let me just talk for a second abut Bayfront Park. I have met with Rouse and asked them to guarantee the $7,500,000 for Bayfront Park on the rents being generated at Bayside. They had told me to put it in writing, and they would consider it; however, they came back a little while ago and they said that they needed it in the form of a resolution. Let me just read: (THEREUPON, COMMISSIONER KENNEDY READ RESOLUTION INTO THE PUBLIC RECORD AS SHOWN HEREINBELOW) I so move. Mayor Suarez: Now, that is our resolution. They are standing by it? I mean, they are going to accept it, once we resolve that? Mrs. Kennedy: They said that if we send them the resolution, they will... Mayor Suarez: OK, remember, I once got out of them a letter saying that the parent company was guaranteeing all of the obligations of the subsidiary, local subsidiary. God knows, that might be additional ammunition to try to get them to agree to that. OK, so moved, seconded by Commissioner Plummer. Any discussion? Call the roll. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: 1 RESOLUTION NO. 86-867 i A RESOLUTION URGING THE ROUSE COMPANY IN ITS PARENT COMPANY CAPACITY TO AGREE THAT IT GUARANTEE ITS BAYSIDE -` SPECIALTY CENTER RETAIL PARCEL RENTAL REVENUE TO SERVE AS i A PLEDGE FOR CITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED _ $10,000,000. 1 i (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- 146 October 23, 1986 AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Vice -Mayor Miller J. Dawkins ON ROLL CALL: Mayor Suarez: Yes, I think you are saying that they ain't going to do it, huh? Oh, you were going to vote no, on it? Mrs. Kennedy: We have to try. Mayor Suarez: Please don't vote no on that. 44. FIRST READING ORDINANCE: PROVIDE THAT ACTIONS OF THE CITY COMMISSION SHALL NOT BE THE SUBJECT OF A MOTION TO RECONSIDER UNLESS MOTION MADE AT THE NEXT SCHEDULED COMMISSION MEETING. Mr. Robert L. Tr.aurig: What happened to item 18? Mr. Plummer: 18 we just passed. Mr. Traurig: Excuse me, I mean item 19. — Mr. Plummer: I don't understand item 19 at all. If I ever saw an agenda item that was fully of gobbledygook, this is itl — Mrs. Dougherty: Pardonez-moil Pardonez-moil Mayor Suarez: It is to deal with the Post Office Plaza type situation, where an item is considered by the Commission and a motion to reconsider it comes up some months afterwards, right? It couldn't been done simpler than the proposed ordinance? Mr. Dawkins: That is mine, I put it on there) Mr. Plummer: Then you come explain itl Mayor Suarez: I hear a voicel (INAUDIBLE BACKGROUND COMMENTS) Mrs. Dougherty: Let me explain it in the meantime, though. This just means that you are not to consider on a motion to reconsider any item, which is made after the first meeting after your Commission meeting in which it is denied. Mr. Dawkins: Is that clear? Mr. Plummer: What? Mrs. Dougherty: You only have one meeting to reconsider it. The second meeting after that... Mayor Suarez: Wouldn't it have been easier to put a limitation in terms of days, as opposed to meetings? Well, anyhow, I don't... Mrs. Dougherty: No, because sometimes you change your meetings around. Mayor Suarez: At this point, I... Mr. Plummer: In other words, what you are saying is, that if you wish to reconsider an item, you must do it within one meeting thereafter, or... Mrs. Dougherty: You can't bring that exact item back. 147 October 23, 1986 1 Mr. Plummer: Is that all items, of just toning? Mrs. Dougherty: All. Mr. Derkins: All. Mr. Plummer: Ve11, I have no objections to it, I just don't know what the hell it would Accomplish. Mrs. Dougherty: You recall, in our Masons' rules, which we abide by, you don't have to he on the prevailing side. Mr. Plummer: 1 Am not A P;Acon, I am a Catholic. I've told you that before) Mrs. Kennedy: Are you a Robert? Mrs. Dougherty: Under Masons' rules... Mayor Suarez: How is it worded? The way it is worded now, it is for Planning and Zoning items, right? Mrs. Dougherty: Everything. Remember, you don't have to be on the prevailing side. Mr. Plummer: The way it is worded now, it is the craziest damn thing I ever saw, I've got to tell you thatl Mrs. Dougherty: Why? ` Mayor Suarez: This is first reading? Mrs. Dougherty: This is first reading. Mayor Suarez: You really want to do this? Mr. Traurig: Well, I would like to call your attention to the fact that we were here today asking for the opportunity to represent the Post Office Plaza matter; therefore, I would suggest to you that if you pass this, you do it with a provision that it takes effect on all actions taken hereafter by the City Commission, and it doesn't affect actions previously taken. Mr. Plummer: It is only first reading, Bobl Mrs. Dougherty: It has got two... Mr. Plummer: It is only first reading. It has got second reading, and 30 days after that before it becomes an effective law. Mr. Traurig: Well, may we have the opportunity to address that point. Mr. Plummer: You don't even look like a grandfather! Sit down. All right, — who moves the gobbledygook? Mr. Dawkins: I move it. Mrs. Kennedy: The one who put it there. Mayor Suarez: Moved. Mr. Dawkins: I moved it. Mayor Suarez: Seconded. Mr. Plummer: Oh, for sure. Mayor Suarez: I just did. Mr. Plummer: Oh, that is all right. You are the Mayor of millionairesl I'm the Mayor of gobbledygook) Mr. Dawkins: You have got to read it. 148 October 23, 1986 AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING THAT ACTIONS OF THE CITY COMMISSION INCLUDING THE DENIAL OR APPROVAL OF APPLICATIONS PERTAINING TO AMENDMENTS TO THE ZONING CODE, COMPRFHF.NSIVE PLAN, OR ELEMENTS THEREOF, SHALL NOT BE THE SUBJECT OF A IIOTI014 TO RECONSIDER WHICH IS MADE SUBSEQUENT TO THE FIRST REGULARLY SCHEDULED CITY COMMISSION MEETING FOLLOWING THE DATE SUCH ACTIONS HAVE BEEN TAKEN; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Mayor Suarez etid was passed on its first. reading by title by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins 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. Mrs. Dougherty: I thought it was very clear, Mr. Clark. Mr. Bob Clark: I did too. 45. APPROVE OMNI AREA REDEVELOPMENT PLAN. Mayor Suarez: Agenda item 22, is that the next one? Is it worth it? Mr. Rodriguez: I'm sure you want us to do it with a fairly short presentation. Mr. Plummer: Well, no, let's stop on that one for a minute now, and I am sorry to take your time. I voted for this, and I am still in favor, but let me tell you my problem now. The reason I voted for this before was based on the criteria that they were trying to get monies to be made available for an exhibition center. Ah hal OK? That was their argument before this Commission. Now, if in fact, that is not now a potential reality, then I have to know, what is this $17,000,000 fund this will create going to be used for? Hello there, anybody home? Mr. Odio: We are home. I don't think we need to do this. Mr. Matthew Schwartz: The plan is very generally identifies the need for a catalytic project in the Omni area that will... Mr. Plummer: Where are they identifying it? Mr. Schwartz: One plan identifies, within the plan document, in the economic development portion, there is a need for some project that would spur on private investment in the area, possibly the Sears site, the site, there are a number of sites... Jeffersons, that would create new business opportunity in the area, and we would - it would have to come back, of course to the Commission for any.... Mr. Plummer: Well, it has got to go to the Metro Commission first, because they have got to declare it. I understand that. Mr. Schwartz: Right, that has to be done by the end of the year. i 149 October 23, 1986 Mr. Plummer. Now, but, OK... that is going to create a fund of approximately $17,000,000, is that correct? Mr. Schwertz: It would create a tax increment the first year of $1,300,000. Mr. Plummer: But, how many years is it being proposed for? Mr. Schwartz: Generally, they run from twenty Sears... Mr. Plummer: OK, so then you are talking over $20,000,000, OK? Now, my question is, of thpt fund, does this Commission retain at all time, full control over those dollarF7 Mr. Schwartz: limed on what happens with Southeast Overtown/Park West, and the agreement, the inter -governmental agreements with this County on that, the City had full control, e}:cept the County had to approve the budgeting of tax increment revenues generated from the County's portion. The City has full control, the City Commission. Mr. Plummer: ties, And the County broke it off In our ear., OK? No, 1 am telling you the truth, because they were the ones that made that decision to go on fast take, and that is what is really throwing our fly in the ointment, now. I tell you, 1 Am just... I've got to express a concern here, and I am not expressing the same one that the Mayor spoke to, you know, if you keep creating these districts, who the hell is going to pay the ad valorem taxes to keep this City running? Mrs. Kennedy: That is the thing that I saw, yes. Mayor Suarez: We're tying our hands. District by district, we're tying our hands as to the entire.... Mr. Plummer: OK, you know, that is a concern. My concern is, when I voted for this originally, it was the purpose of possibly putting in an exhibition hall, OK? Now, that doesn't look like the reality of things - I'll tell you something, I would like to give some more thought to this, I really would. I really..., you know... — Mrs. Kennedy: Because, you know, Matthew, we will continue to carve out in this area, so the money will not go to the General Fund. Mayor Suarez: And we know the next one is coming, Dupont Plaza, where we may need it, in case we can put together a package to finance a permanent, or first rate, or whatever, exhibition... Mr. Plummer: Mr. Mayor, that is really an entirely different project, OK? Mayor Suarez: Yes, but I mean is, that we are going to have another area that we are going to want to carve out! Mr. Plummer: OK, yes but, you see, here again, that request is going to be for basically the things that are necessary, such as water, sewers, streets and things of that nature, because without them, you won't have the project, so there is a difference, there is a big difference. Mayor Suarez: I'm just saying that maybe it would be a good time to consider both of those together. Does that create a problem for...? Mr. Schwartz: I think it would... Mayor Suarez: OK, what is the problem? I figure there was going to be an answer to this. Mr. Schwartz: It has to be a fast Mayor Suarez: Well, no, because the buildings are going on line in the tax rolls. Mr. Bailey. First of all, I think that in relationship to the Dupont Plaza site, under the new tax law, I don't believe that you can have tax increment bonds floated for anything less than 100 acres. I think probably, before we 150 October 23, 1986 even get involved with comparing the two, we ought to consider at least the new tax changes. The west of Omni site does include, to the best of my knowledge, ell of the considerations that fits in with the next tax laws, and it does include more than 100 acres. In regards to the exhibition center., it Is still a reality. Mayor Suarez: I -re you implying that the new tax IF-w makes any specification whatsoever rrrFrding the Fcreage of the development districts? Mr. i?ailey: The try, increments bonds, if you want to float tax increment - revenue bonds, ar.•d they ere authorized under a state redevelopment statute, that minimum size of thatacreage has to be 100. Mr. Plummer: Wow Mayor Suarez: That. is in the tax lows approved by both houses? Mr. Bailey: That is my understanding of the new tax bill. Mr. Plummer: Well, look, we are still under the January 1, OK? Mr. Bailey: Well, he signed it today didn't he? Mr. Plummer: Excuse me? Mr. Bailey: Well, OK, we will... Mr. Plummer: If I defer this out to the next meeting, November 13th, we can still make the application. Mr. Bailey: I don't think... if you defer this to November 13th, we have to get it on the County Commission, and the County Commission has to have two readings, because it is an ordinance. If we don't get this passed prior to December 31, then we will lose a real advantage of that we are trying to capture. Mayor Suarez: How are we going to do one of these once we pass it, Herb? Mr. Bailey: Sorry, sir? Mayor Suarez: How do we do a development district, once we have passed it, if we change our minds and decide that we don't want to tie our hands like this for many years? I guess we don't apply to the County, for one thing. Mr. Bailey: Well, you can always, through the enabling legislation passed on to the County, this Commission can always ask the County to rescind the designation of the redevelopment area, if for some reason you decide not to do that Mayor Suarez: I guess we can always apply the tax increment bond monies to normal operating expenses to us, I suppose. Mr. Bailey: Well, you know... Mayor Suarez: We could always get back to... Mr. Bailey: It is such a flexible tool, and I would hate for us not to take advantage of it, because, as you look at the economics of what is happening in the west of Omni area, the same thing is happening there that happened in Overtown Park West, just before we came. The assessments there are going down. We expect, based on our calculations, that you will have another two to three percent drop in the... Mr. Plummer: Are you recommending we pass this? Mr. Bailey: I am recommending very strongly that we pass this so we can exercise all of our options. Mayor Suarez: If you look at... try to be fair about different areas of the City and keeping in mind that it seems like we are heading in that direction, although I haven't heard a clear recommendation yet, and I guess there is none from Commissioner Plummer's committee, on where we are going to locate... 151 October 23, 1986 where we are going to spend the $7,000,000 or $8,000,000 that we hope to have available. Mr. Plummer: I informed you, Mr. Mayor, that I will have an answer for you prior to December 1. Mayor Suarez: lout, I keep hearing that the recommendations are going to be that v'e do go pheFd Fnd proceed. In fact., I think we have taken some action already to proceFd to improve Dinner Key Exhibit Hall. Mr. Bailey: We havR, I guess, resolved thRt.... Mayor Suarez: It seems like the only fair thing to do for the Omni area is to provide some redevelopment monies. Mr. Plummer: Well, I will move... Mayor Suarez: If you are telling me that the assessments are going down in the entire area, taken as a whole? Mr. Bailey: Absolutely. Mr. Plummer: Yes, and they are going to go down worse when moves up. Mr. Bailey: They are going down, we are losing tax revenues and it is getting worse every day. Mayor Suarez: We've got to. I'm ready to vote on it, if that is the case. I have a hard time believing it, but if you tell me.... Mr. Plummer: All right, since we do still have the ability to withdraw the item, I will move it and get it into the works before the end of the year, so I now.... I am going to move that, but I am also concerned that you are now telling me about the 100 acre situation... Mr. Bailey: I will bring you that section of... Mr. Plummer: No, I am concerned about that Dupont property down there. Mr. Pierce: No need in having it if you are not going to sell bonds. There is no need of having tax increment district. The only reason to have this is to generate revenues to float bonds out into the future to build something today) Mr. Plummer: OK, but what I am saying is, if we approve this one, where do we stand with the Dupont, which is absolutely mandatory? Mr. Bailey: That is right, we just have to go back and start calculating what we quarter off as a part of the district. You don't have a problem with that. We just determine how far do we go. Mr. Plummer: The timing is the problem! Mr. Bailey: Well, I don't even think, you know, to get, and it is unfortunate, and I wasn't involved in determining how we planned for the Dupont Plaza district as a tax increment district, but if you don't... you can still get them in, you just have to wait until 1988 before you can begin to freeze the tax base. Mr. Plummer: Well, if we have it on the next meeting... Mr. Bailey: You can get it started. See, what is crucial to us today in the Omni area is that we expect... Mr. Plummer: Excuse me. I am going to move that. I am going to talk to the Dupont area. Mr. Bailey: All right, I will be ready in December for that. Mr. Plummer: Yes, but December is going to be too late! 152 October 23, 1986 Mr. Bailey: Well, no, it is a different reason for December 31st. The reason for December 31st for the Omni is that the Plaza Venetia, the Venetia building Mill perhaps go on the tax rolle in 1087. If we don't capture it before the end of the year, we won't get that tax benefit. Mr. Plummer: Vhen does the kick in of the 100 acre minimum take... Mr. Bailey: The nFxt. tFx bill. Mr. Plummer: ThFt. is December, or January 1. Mr. Bailey: No, it is August. It is effective August 1st. Mr. Plummer: 1i;zve we still got time to get the Dupont in? Mr. Dailey: No we don't. Mayor Suarez.: The Dupont has to... we have to figure out how to get in under one of the exemptions. Mr. Plummer: No, no, we need to go on that now! Mr. Bailey: I understand what your concerns are. Mr. Odio: Let me say, something. We had a meeting this morning on this. Tie problem might be that the County might not go along with all of these districts and they might turn us down on the Dupont, because we already have the Omni, and we are going to need the one on the riverside quadrant. so... Mr. Bailey: I do think that when you start applying this process, that in areas where you have severe deterioration like we have in the Omni area, and the public purpose that you have at Dupont, I don't think we should discount ourselves, and we should go before the County and let them decide whether or not they are going to grant us a privilege. It is just a matter of when do you want to get there, and what do you want to capture in the time that you have to there. If the consideration was for the Dupont to get on by January, they should have been working on the plans sometime... Mr. Plummer: No, no, it is not to get on by then, but can we still apply? Mr. Bailey: Oh, you can still apply, but we just have to make sure we have the proper amount of acreage there to apply to fit in with the new tax laws. Mayor Suarez: I know there's not 100 acres there. Mr. Bailey: Well, you would be surprised what you can cut off. We have a lot of space available, you know. We can... Mr. Plummer: Well, you can make the district bigger. Mayor Suarez: Well, can you make the district look like a salamander? Mr. Bailey: It all depends upon what it... Mr. Plummer: Herb. Mr. Bailey: Yes. Mr. Plummer: Let me tell you something. To this community, that is very important, I'm telling you. Mr. Bailey: I understand, Commissioner, but I... Mr. Plummer: And whatever you can do to get that thing in the works as quickly as possible... Mr. Odio: We have a meeting tomorrow morning, so, it is fast tracking... Mr. Plummer: That is so important! OK, I will move 22 now. Mrs. Kennedy: Second. 153 October 23, 1986 Mayor Suarez: So moved and seconded. This is a heck of a way to decide how the City is going to be redeveloped in terms of future tax increments, so, you know, lest moment... Mr. Plummer: Well, Mr. Mayor, it doesn't mean that we have to request 20 years either. Mayor Suarez: I'm sorry? Mr. Plummer: We don't have to request 20 years. Mr. Bailey: No, in fact. you can use that money any way you see fit in terms of underwriting the Cit.y's public expenses, relative to the redevelopment. Mayor Suarez: As to Omni area, I just. can't possibly leave it out if things are as bad as you say they are up there. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-868 A RESOLUTION APPROVING, IN PRINCIPLE, THE OMNI AREA REDEVELOPMENT PLAN, FOR AN AREA GENERALLY BOUNDED BY BISCAYNE BAY ON THE EAST, THE FLORIDA EAST COAST RAILROAD TRACKS AND RIGHT-OF-WAY ON THE WEST, I-395 ON THE SOUTH, AND NORTH 2OTH STREET ON THE NORTH, DATED SEPTEMBER 1986, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; MAKING CERTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW; RECOMMENDING APPROVAL OF THE OMNI AREA REDEVELOPMENT PLAN AND THE MAKING OF CERTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE BOARD OF COUNTY COMMISSIONERS FOR METROPOLITAN DADE COUNTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: Commissioner Joe Carollo 46. ACCEPT SENIOR CITIZENS SPECIALIZED POLICING PROGRAM GRANT - ALLOCATE FUNDS FROM LAW ENFORCEMENT GRANT FUND AS MATCHING FUNDS TO IMPLEMENT PROGRAM (See labels 49 and 51) ------------------------------------------------------------------------------ Mayor Suarez: Item 23, accepting a grant. Mr. Plummer: There is a grant here of $218,000. There are more monies that need to be added to that, right? Mr. Odio: No, there is matching funds, but we... Mr. Plummer: OK, what are these people going to be used for? Mr. Odio: They will be used - this is for crime prevention services to the elderly residing at the 34 public housing sites within the City of Miami. The City of Miami Police Department plans to carry out the program with a specialized team of 19 State certified part - time law enforcement officers; although the program will not start until next year, we must begin to 154 October 23, 1986 immediately recruit the 19 part - time workers so that there will be enough time to train them. They will work together with the senior citizens, volunteers involved Jr? the Senior Citizen's Alert Network, S.C.A.N., make presentations, also, we... Mr.. Plummer: 0Y, let me ask you... Mr. DFwkins: 4ieJI, in the event that this is not funded, what happens to these officers, that ve have put all this training into... Mr. Plummer: That's my problem! - the following year. Mr. Dawkins:_ and il1 of our efforts to, and what have you? Mr. Plummer: You know, they wi1l )ve us for the one year, and if it is not funded, then they will come down here and crucify us. Mr. Odio: Then we will have to... but, i think we should start this, and if these are good people, end they can always become... Mr. Plummer: What is a part time law enforcement officer? Lt. Fernandez: lie is really a sworn state officer, under the 320 hours, but we are going to be carrying them under part time, because of the different benefits and the possible clash between... Mr. Plummer: How much is he going to be paid? Lt. Fernandez: $18,000 a year. Mr. Plummer: For part-time? Lt. Fernandez: Part-time. Mr. Odio: We can always turn them over to P.S.A's., or whatever. Mrs. Kennedy: Move it. Mayor Suarez: Moved. Mr. Plummer: You got to vote for it, but boy, I hate to see what is going to happen next year. Mr. Odio: J.L., we are always recruiting for full time. They can always be turned over, if they are good people. Mr. Plummer: OK, all right. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 23. LA 155 October 23, 1986 The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 86-869 A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE ACTION OF THE CITY MANAGER, IN ACCEPTING A TWO HUNDRED EIGHTEEN THOUSAIvID THFFF HiTNDRED AND FIFTY DOLLAR ($218,350.00) SENIOR CITIiFNS SPECIALIZED POLICING PROGRAM GRANT FROM; THE DFPARTM NT OF JUSTICE, THROUGH THE FLORIDA DEPARTMENT OF C01,M1141 TY AFFAIRS, FOR, THE. PURPOSE OF EMPLOYING NINETEEN (19) FART -TIME LAW ENFORCEMENT OFFICERS TO PATROL THIRTY-FOUR (31,) SENIOR CITIZEN SITES AND TO PROVIDE THFSF RESIDENTS WITH CRIME PREVENTION PRESENTATIONS; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIG14TEE14 THOUSAND NINE HUNDRED A14D SIXTEEN DOLLARS ($2J8,9J0,00) FROM THE CITY OF 1iIAli I LAW ENFORCEMENT TRUST FUND FOR THE PURPOSE OF PROVIDING MATCHING FIJ14DS TO IMPLEMENT THIS PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PERSONNEL MANAGEMENT TO EMPLOY SUCH PERSONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo 47. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "SENIOR CITIZEN'S SPECIALIZED POLICY PROGRAM." ---------------------------------------------------------------------------- Mayor Suarez: 24 is a companion item. Mr. Odio: Yes, it is sir. It is establishing the special revenue fund that appropriates it. Mrs. Kennedy: Move it. Mayor Suarez: Moved. Any second? Mr. Plummer: Second. Mayor Suarez: Second. Any discussion? Call the roll on 24. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SENIOR CITIZENS SPECIALIZED POLICING PROGRAM", APPROPRIATING FUNDS FOR ITS JPERATION IN THE AMOUNT OF $437,266 COMPOSED OF $218,350 FROM THE UNITED STATES DEPARTMENT OF JUSTICE, THROUGH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND $218,916 FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the 156 October 23, 1986 requirement of reading same on two separate days, which was agreed to by th6 following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Whereupon the Comm] Fsion on motion of Commissioner Kennedy and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10176. 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. ----------------- ------------------------------------------------------------ 48. SETTLEMENT IN CONDEMNATION PROCEEDINGS FOR ACQUISITION OF ARENA SITE PARCEL. Mayor Suarez: City Attorney needs us to approve the settlu-int on an emergency basis for condemnation of which parcels are these? Mrs. Dougherty: It is parcel 57-B for the acquisition of the marina site, and it is actually not a settlement, it is an offer of judgment as we have done before. We make an offer, it is $146,000 more than we have already put in the court's fund. We don't believe that they will accept this offer of judgement. What this does, is if the jury awards a lesser amount, that means we have cut off the attorney's fees and costs. Mayor Suarez: The money is coming from the... Mrs. Dougherty: For the Sport's Authority, and they have already approved it. Mayor Suarez: Why do we have a need to do this right now?... because the offer of judgement expires? Mrs. Dougherty: No, because we have already done it, and this is ratifying something that the County Attorney has already done for us. Mr. Plummer: Can I back up for a minute? Tell Fernandez to come back here. Mr. Mr. ... Mr. Dawkins: Lt. Fernandez. Mr. Plummer: I've got a problem. Mayor Suarez: Can we vote on this resolution, Commissioner Plummer, on the settlement? Mr. Plummer: Yes, go ahead. Go ahead. Mayor Suarez: Do I have a motion and a second? 157 October 23, 1986 Mr. Dawkins: Yes. Mayor Suarez: Moved, Commissioner Dawkins. Mrs. Kennedy: Second. Mayor Suarez: Seconded, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-870 A RESOLUTION RATIFYING. AFFROVING AND CONFIRMING AN OFFER OF SETTLEMENT MADE IN CONDEMNATION PROCEEDINGS FOR ACQUISITION OF LAND PARCEL 57-R FENDING IN CIRCUIT COURT CASE NO. 86-14608, CALLING FOR THE PAII,ENT OF AN ADDITIONAL $146,500 AS THE PRICE OFF PROPERTY LOCATED IN THE VICINITY OF MIA1{I AVENITE AND 14ORTITVEST 8Tfi STREET, MIAMI, FLORIDA, WITH SAID ADDITIONAL FUNDS TO BE FROVIDED FROM THE MIAMI SPORTS A14D EY.iiIRITION AUTHORITY CONVENTION DEVELOPMENT TAX POND PROCEEDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez } NOES: None. ABSENT: Commissioner Joe Carollo -------------------------------------------- i 49. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF ISSUE CONCERNING SENIOR CITIZENS SPECIALIZED POLICING PROGRAM. (See label 51) --------------------------------------------------------------------- Mr. Plummer: Mr. Mayor, I've got a problem. Mrs. Dougherty: So do I. Mr. Plummer: Lt. Fernandez, how much did you tell me that those part timers were going to be paid, sir? Lt. Fernandez: $18,000 a year. Mr. Plummer: $18,000 a year. Lt. Fernandez: At 35 hours a week. Mr. Plummer: Now, my calculation comes out to about to about, based on this money divided by the number of people, to about $12,000 a year. Lt. Fernandez: OK, this is matching funds. Mr. Plummer: No, no, no. The total fund is $437,000. again. I am using a very small calculator. Mr. Odio: I don't trust that calculator you are usingl Mr. Plummer: 437.266 divided by 34, equals $12,8601 Mr. Dawkins: That is fringes. Let me go through it �7 158 October 23, 1986 Mr. Plummer: No, part-time get no fringes. Now, something is wrong. Lt. Fernandez: The things we have here are... Mr. Plummer: Well, somebody else got a calculator? Mr. Odio: J.L., it adds up to 12 of them, we will put 12. Mr. Plummer: No, no, no. I want to know whys Mr. Odio: I will tell you what, let me send your memo... (INAUDISM Mr. Plummer: Do you understand what I am saying? Mr. Dawkins: Yes, I hear you. Mr. Odio: I will send you a memo tomorrow... Mr. Plummer: I am using your numbers, Juan, or the numbers supplied to me. I thought they got no fringe benefits! (NOTE FOR RECORD: AT THIS POINT, AGENDA ITEM 23 IS MOMENTARILY INTERRUPTED TO CONSIDER AGENDA ITEM 25) Mr. Plummer: Hold on, whoa, whoa. Now, you are talking about 19 policemen instead of 34. Now, somebody is playing games with us. Mr. Odio: We said 19. Mr. Plummer: No, you say 34, right here in your damn thing. Mayor Suarez: 34 senior citizen sites, there. Mr. Plummer: Exactlyl Mr. Dawkins: And 19, is even more money! Mr. Odio: 19 officers in 34 sites. Mayor Suarez: They have got to divide themselves up into... Mr. Odio: No, put your glasses on, please. Now, look at it. Lt. Fernandez: If I may, this... Mayor Suarez: Right, and cut themselves in half and they go to 34 sites. Lt. Fernandez: There are 34 buildings, 19 complexes! It was amended that we send (INAUDIBLE BACKGROUND COMMENTS) ------------------------------------------------------------------------------ 50. REAPPOINT A MEMBER TO BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST. ------------------------------------------------------------------------------ Mayor Suarez: Do we have a vote on item 25, the reappointment? Do we have a motion and a second? Gary Shartzer. Mr. Dawkins: Mr. Sherman, this is Sherman and those. Mr. Plummer: A.G., yeah. Mrs. Kennedy: Move 25. Mayor Suarez: A. G., yes. Moved, seconded, thirded, call the roll on 25. h�` 159 October 23, 1986 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-871, A RESOLUTION REAPPOINTING A MEMBER TO THE BOARD OF r TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEE'S AND SANITATION F'N,FI.•O1-FES' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIA►3T ORPINA►�CF NO. 10002 (SECTION 40-227) FOR A SPECIFIED TF.R►, OF OFFICF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mayor Suarez: Yes, on the assumption that there is no real choice here. 51. CONTINUED DISCUSSION IN CONNECTION WITH THE SENIOR CITIZENS SPECIALIZED POLICING PROGRAM. (See labels 46 and 49) ------------------------------------------------------------------------------- Mr. Plummer: OK, now hold it, I've got a real problem with this thing, here now, hold on. The reason you hire them on a part time basis, is to eliminate the fringe package, but there is a fringe package built into this thing! Something is wrong there. Mr. Dawkins: One thing I like about J.L., when it comes to police and fire, he is right on the case. Mr. Plummer: No, when it comes to numbers! Mr. Dawkins: J.L., when you get that squared away, you can let us know. Mrs. Kennedy: Yes, let us know! Mr. Dawkins: Let's go, Commissioner Kennedy. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: OK, well, let's get the record straight. Each one of these men are receiving $23,014. It is not $18,000, as you said before. If I take your 19 officers and divide it by the $437,000, with the fringe, it is $23,000. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: You are all crazy. Mayor Suarez: This Commission is adjourned. De facto, now de jurel 160 October 23, 1986 r m E TMm WIM no rURTWR WS"MSS TO COW ExMRW TRH CTTT CGM'SSION, TM lHQZ DM WAS AWOUIRM AT 9:13 P.M. AITBST: natty Hirai CITT CLERK Xavier L. Suarez K A T O R 161 October 23, 1986 MWIFTINO PAT$ OCTOBER 23, 1086 _D.EX IOWIVIT IDI IFICATIOR ISSUE/APPROVE M78J0R SPECIAL PE',RMLT 170R THE MIRACLE, CENTER PROJECT PROPOSED BY CORAL WAY ASSOC., LTD. AND DECORATIVE. ART PLAZA AT 3301 CORAL WAY S.W. 22 STREET/EAST 625 FEET OF TRACT B CORAL GATE SECTION D, PLAT BOOK 50 PAGE 34 OF PUBLIC RECORDS OF DADE COUNTY. ACCEPT/AUTHORIZE/EXECUTE/CITY MANAGER/ CITY CLERK. PLAT MIRACLE CENTER, A SUBDI- VISION IN THE CITY OF MIAMI. GRANT REQUEST TO SELL BEER AND WINE AT THE ANNUAL FAIR OF THE "MUNICIPIOS DE CUBA EN EL EXILIO"/NOVEMBER 9, 1986/ROB- ERT KING HIGH PARK. ALLOCATE $1,000,000 FROM 11TH YEAR C.D.L.A. FUNDS TO COVER IMPLEMENTATION AFFORDABLE HOUSING DEVELOPMENT/EMPHASIS IN THE ALLAPATTAH, WYNWOOD, MODEL CITY, AND OVERTOWN AREAS. APPROVE/CONFIRM/ALLOCATE $9,500 FROM SPECIAL PROGRAMS AND ACCOUNTS FUND TO SECURE A FRANCHISE FROM THE N.B. ASSOC. FOR AN EXPANSION PROFESSIONAL BASKETBALL TEAM IN THE CITY OF MIAMI/PURCHASE OF 100 RESERVED TICKETS FOR THE HOME GAMES. RELAX TIME LIMITATION ON FIREWORKS DISPLAY UNTIL 11:30 P.M.(10/25/86) AT THE FLAGLER DOG TRACK/INTERNATIONAL CLASSIC EVENT. ALLOCATE A SUM NOT TO EXCEED $15,000.00 FROM SPECIAL PROGRAMS AND ACCOUNTS FUND IN SUPPORT OF THE BETHUNE COOKMAN ORANGE BOWL COLLEGE FOOTBALL GAME (11./8/86). APPROVE THE TRANSMITTAL TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL OF THE A.D.A. FOR DOWNTOWN MIAMI AS A D.R.I. ALLOCATE $30,000FROM THE FY'86-87 FUND TO COVER THE COST OF FEE INCREASES FOR SUBMISSION OF THE D.R.I. TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL. C04-415SION RETRIEYAi AND Conr Nfl_ 86-835 86-839 86-840 86-841 86-845 86-846 86-849 86-850 c U�IENT•iuEx CpNTIN UED ������R,,,ef AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LOURDES SLAZYK FOR PROFESSIONAL SERVICES CONECTED [WITH THE DDP AND DRI PROJECT A14D THE CCP/$21 , 257 FUNDS TO BE EXPENDED FROM FY'86-87 SPA. AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEE14 THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY FOR THE SALE OF 35,000 CUBIC YARDS OF FILL MATERIAL FROM VIRGINIA KEY/PRICE: $2.00 PER CUBIC YARD. AUTHORIZE CITY MANAGER TO UNDERTAKE QUALIFIED FIRMS FOR PROFESSIONAL PLANING AND DESIGN SERVICES FOR THE RENOVATION AND EXPANSION OF THE COCONUT GROVE EXIBITION CENTER AND PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR ITS RATIFICATION AND APPROVAL. AUTHORIZE CITY MANAGER TO ACCEPT THE DONATION OF AMMUNITION FROM BANK SYSTEMS AND EQUIPMENT CORP. FOR THE USE BY THE MIAMI POLICE DEPT. TRAINING UNIT/SWAT AT NO COST TO THE CITY. APPROVE TWO YEARS EXTENSION OF THE AGREEMENT DATED NOVEMBER 2, 1983 BETWEEN THE CITY AND BUS BENCHES CO. AUTHORIZE CITY MANAGER TO PAY AND ADDITIONAL $355,655(LAND PARCEL 44-E OF 37,000 SQUARE FEET LOCATED AT 80 N.W. 8 ST. MIAMI, FL.)/PENDING COURT CASE NO.86-14608/ FUNDS FROM MIAMI SPORTS AND E.A.C.D. TAX BOND PROCEEDS. AUTHORIZE CITY MANAGER/CITY ATTORNEY TO TAKE LEGAL ACTION TO REMOVE BETTE & BERT BAYFRONT 66 MARINA, INC., A/K/A MARTIN TRITT FROM CITY OWNED PROPERTY ON WATSON ISLAND. TERMINATE LEASE AGREEMENT NOVEMBER 6, 1984, AS AMENDED BY ADDENDUM OF FEBRUARY 12, 1985,WITH THE AMERICAN BARGE CLUB, INC. 86-851 86-852 86-853 86-854 86-855 86-856 86-857 86-858 0� . cl u T1 OCTOBER 23/86 PAGE 3 C O,N AUTHORIZL. CITY MANAGER TO EXECUTE AN AGREEMENT IN' ITH MIAMI MUNDIAL, INC. FOR THE USE OF THE ORANGE BOWL FOR MAJOR INTERNATIONAL SOCCER EVENTS AND OFFICIAL COMPETITIONS. APROVE "S.W. 27TH AVE.- A GATEWAY TO COCONUT GROVE: A PLANNING STUDY OF D.T.I."/ DATED AUGUST 1985/BOUNDED BY SO. DIXIE HIGHWAY TO SO. BAYSHORE DRIVE/ 350 FEET EAST TO 350 FEET WEST OF S.W. 27 AVE. TO VIRGINIA ST., 200 FEET NORTH b SOUTH OF COCONUT GROVE AVE. AFFIRM DECISION OF THE ZONING BOARD/DENY APPEAL OF THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500,AS AMENDED, THE ZONING ORDINANCE OF THE CITY, SCHEDULE OF DISTRICT REGULATIONS, PAGE 2 OF 6, RG-3, GENERAL RESIDENTIAL, USES AND STRUCTURES, TO PERMIT ACCESORY INSTALLATION AND FACILITIES FOR THE PROPERTY LOCATED AT 5950/60/90 N.W. 7TH ST.MIAMI, FL./PAN AMERICAN HOSPITAL/SPECIAL EXEPTION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. RECOMMEND OWNERS OF THE NEW PROFESSIONAL BASKETBALL TEAM,THAT THE TEAM NAME BE CHANGED FROM "FLORIDA HEAT" TO "MIAMI HEAT" COMBINING PAST, PRESENT, AND FUTURE OF THE GREATER MIAMI COMMUNITY. URGE THE ROUSE CO. IN ITS PARENT COMPANY CAPACITY TO AGREE THAT IT GUARANTEE ITS BAYSIDE SPECIALTY CENTER RETAIL PARCEL RENTAL REVENUE TO SERVE AS A PLEDGE FOR CITY REVENUE BONDS/AMOUNT NOT TO EXCEED $10,000,000. APPROVE THE OMNI AREA REDEVELOPMENT PLAN, FOR AN AREA BOUNDED BY BISCAYNE BAY ON THE EAST, THE FLORIDA EAST COAST RAILROAD TRACKS AND RIGHT-OF-WAY ON THE WEST, I-395 ON THE SOUTH, AND NORTH 20TH ST. ON THE NORTH/SEPTEMBER 1986. ALLOCATE NOT TO EXCEED $218,916.00 FROM THE CITY OF MIAMI ENFORCEMENT TRUST FUND FOR THE PURPOSE OF EMPLOYING 19 PART-TIME LAW ENFORCEMENT OFFICERS TO PATROL 34 SENIOR CITIZENS SITES. 86-859 86-860 86-863 86-866 86-867 86-868 86-869 OCTOBER 23/86 _ PAGE 4 -0 U D C.- N T....IN E APPROVE AN OFFER OF SETTLEMENT MADE IN CONDEMNATION PROCEEDINGS FOR ACQUISITION OF LAND PARCER 57-B, LOCATED MIAMI AVE AND N.W. 8TH ST., PENDING IN COURT CASE INTO, 86-14608/ADDITIONAL $14.6,500 PROVIDED FROM THE MIAMI SPORTS AND EXIBITIONT AU- THORITY CONVENTION DEVELOPMENT TAX BOND. REAPPOINT A MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIAMI ORDINANCE NO. 10002 (SECTION 40-227) FOR A SPECIFIED TERM OF OFFICE. 86-870 86-871