The URL can be used to link to this page

Home My WebLink AboutCC 1983-10-27 Minutesi CITY OF MIAMI lit OF MEETING HELD ON October 27, 1983 PLANNING & ZONING - REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK M 'ITEM NO.I P 6 Z - REGULAR 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 'INDEX 04I911S$1ORAE &DA SMCT OCTOBER 27, 1983 DISCUSSION ITEM CONCERNING THE CANDIDACY OF RICARDO J. RECHANI, INSTRUCTING THE CITY CLERK TO REMOVE NAME FROM BALLOT AUTHORIZE CITY MANAGER TO ALLOCATE FIVE THOUSAND DOLLARS FOR A PERUVIAN TRADE FAIR PURSUANT TO A REQUEST FROM NEDA. AUTHORIZING AND DIRECT CITY MANAGER TO ALLOCATE $75,000. TO THE BLACK TOURIST DEVELOPMENT CENTER. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $3,000. IN CONNECTION WITH THE STAGING OF THE BUENA VISTA EAST FOLK FESTIVAL INTERNATIONAL. DISCUSSION ITEM-MIAMI CONFERENCE OF THE CARIBBEAN PERSONAL APPEARANCE-SERGIO DE ARMAS CONCERNING THE BUDGET FOR THE FLORIDA EXPORTER/IMPORTERS ASSOCIATION DISCUSSION OF POSSIBLE VARIANCE TO KEEP A REPLICA OF THE STATUE OF LIBERTY AT ITS PRESENT LOCATION -MATTER REFERRED TO CITY MANAGER AND CITY ATTORNEY FOR REPORT. DISCUSSION ITEM -REQUEST FOR $1,000 FROM FLORIDA INTERNATIONAL UNIVERSITY IN CONNECTION WITH CATHOLIC COMMUNITY CENTER. (NOTE: The request at this point was denied, but was later granted. See this item later same meeting.) PERSONAL APPEARANCE -DON TEEMS REGARDING INSURANCE COVERAGE OF CONTAGIOUS DISEASES POSSIBLY CONTACTED BY FIREMEN IN THE LINE OF DUTY: EXECUTIVE SESSION TO BE HELD NOVEMBER 3RD TO DISCUSS THIS MATTER. AUTHORIZE CITY MANAGER TO CONTINUE ONE MONTH'S MORE FUNDING FOR COCONUT GROVE CARES BOXING PROGRAM AT THE ELIZABETH VIRRICK GYM. BRIEF DISCUSSION ITEM -REGARDING THE 3:30 P.M. APPEARANCE OF TED GOULD TO BE HEARD AT 3:30 P.M. THIS DATE. GRANT EXTENSION OF TIME OF VARIANCE 1407-09-11 S'.W. 22ND STREET-WCMQ RADIO STATION. CONTINUE PROPOSED FIRST READING ORDINANCE CONCERNING INFORMATION VAN FOR COMMUNITY DEVELOPMENT DEPARTMENT TO NOVEMBER 18TH. DISCUSSION AND DEFERRAL OF CONSIDERATION OF STREET CLOSURE ALLEY BOUNDED BY N.W. 19TH STREET, N.W. 14TH AVENUE AND WAGNER CREEK. ACCEPT BID. ONE REMOTE CONTROL MOBILE INVESTIGATION UNIT FOR THE DEPARTMENT OF POLICE. APPROVE IN PRINCIPLE A REQUEST FOR $1,000 BY THE CUBAN MUNICIPALITIES IN EXILE IN CONNECTION WITH A FESTIVAL TO BE HELD AT ROBERT KING HIGH PARK. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO ONE DAY'S RENTAL FOR THE USE OF THE MANUEL ARTIME COMMUNITY CENTER BY REPRESENTATIVES OF THE CUBAN MUNICIPALITIES IN EXILE. PAGE # 1 INANCE 0 SOUITION L (LATER FORMALIZED R-83-1011 M-83-992 M-83-993 M-83-994 DISCUSSION DISCUSSION DISCUSSION DISCUSSION DISCUSSION M-83-995 PAGE NO, 1-11 11-15 15-16 17-21 21-23 23-25 25-26 26-28 28-33 33-34 1 DISCUSSION 1 34-36 DISCUSSION 4 ITEM NO. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 'ItdD( CI491JSSIQ( RAFFIARID4 P & Z - REGULAR McT OCTOBER 27, 1983 PUBLIC HEARING. LONG DISCUSSION AND DEFERRAL OF CONSIDERATION OF AN APPEAL OF A VARIANCE GRANTED CONCERNING LOT WIDTH AT APPROXIMATELY 3639 N.E. MIAMI PLACE. SECOND READING ORDINANCE CHANGE ON A CLASSIFICATION 761 N.W. 3RD STREET FROM RG-2/5 TO CG-1/7. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION AT 2724-26-34 S.W. 7TH STREET FROM RG-1/3 TO CR3/7. AUTHORIZE CITY MANAGER TO REQUEST PLANNING DEPARTMENT TO BEGIN A STUDY OF AN AREA BOUNDED BY 15TH ROAD, I-95 F.E.C. RIGHT OF WAY, SIMPSON PARK FOR POSSIBLE CONSIDERATION FOR CHANGE OF ZONING. EXPRESSING CONDOLENCES TO THE FAMILIES OF 30 HAITIAN REFUGEES WHO LOST THEIR LIVES ONE YEAR AGO ON ATTEMPT TO REACH U.S. SHORES. ALLOCATE $1,000. FROM SPECIAL PROGRAMS AND ACCOUNTS FOR AN EVENT CO -SPONSORED BY F.I.U., THE NATIONAL EMIGRATION REFUGEE AND CITIZENSHIP FORUM AND CATHOLIC COMMUNITY SERVICES. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. PERSONAL APPEARANCE. JANET COOPER CONCERNING THE D.D.A. BUDGET. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000. TO BIG BROTHERS AND BIG SISTERS IN CONNECTION WITH THE NOTRE DAME MIAMI GAME AT ORANGE BOWL STADIUM, SUNDAY DECEMBER 11, 1983. SECOND READING ORDINANCE. CHANGE. ZONING CLASSIFICATION 3400-3490 SOUTH DIXIE HIGHWAY FROM RO-2.11 TO CR-2/7. SECOND READING ORDINNACE. CHANGE ZONING CLASSIFICATION 4000-40-50- WEST FLAGLER STREET FROM RG-2/5 TO CR-2/7. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 3665-71 N.W. 7TH STREET AND 821-899 N.W. S.E. 14TH TERRACE FROM RG-2/5 TO CR-2/7. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 181-89 S.E. 14TH LANE AND 180-190 S.E. 14TH TERRACE FROM RG-3/7 TO SPI-5. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 3500 N.W. 22ND AVENUE FROM RG-2/4 TO CG-1/7. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 3200 NORTH MIAMI AVENUE FROM RG-1/3 TO CG-2/7. SECOND READING ORDINANCE.CHANGE ZONING CLASSIFICATION 1471 N.W. 17TH STREET FROM RG-3/6 TO RG-3/7. PAGE # 2 rso"NaCION NO PAGE N0, M-83-1001 44-54 ORD. 9708 54-55 ORD. 9709 55-57 M-83-1002 M-83-1003 57-59 59-60 R-83-1004 60-61 DISCUSSION 61-62 DISCUSSION 62-64 M-83-1005 63-65 ORD. 9710 66 ORD. 9711 1 66-67 9712 67-68 . 9713 68-69 . 9714 69 9715 70 . 9716 70-71 I:TEM NO. .Its( CI41Nf?i1SSIffFfAFFIORID4 P & Z - REGULAR . UCT OCTOBER 27, 1983 34 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION BLOCK BOUNDED BY N.W. 17TH AND 19TH STREETS FROM N.W. 14TH AVENUE AND WAGNER CREEK TO N.W. 15TH AVENUE FROM RG-3/6 TO RG-3/7. 35 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 5604-5730 N.E. 4TH COURT FROM AN UNZONED STATUS TO CR- 2/7. 36 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 5604-5730 N.E. 4TH COURT FROM AN UNZONED STATUS TO CR-2/7. 37 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 2341-2699 N.W. 17TH AVENUE FROM CR-3/5 TO CR-3/7. 38 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 6202-6398 BISCAYNE BOULEVARD FROM RO-3/6 TO CR-2/7. 39 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 2815-2851 S.W. 22ND TERRACE FROM RG-1/3 TO CR4-2/7. 40 FIRST READING ORDINANC. CHANGE ZONING CLASSIFICATION 3225-27-29 DARWIN STREET FROM RG-2/5 TO RO-3/6. 41 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 69-115 N.E. 51ST STREET, 70-112 N.E. 52ND STREET, 67-85 N.E. 52ND TERRACE AND 64-70 N.E. 53RD STREET FROM RS-2/2 AND RG-1/3 TO RG-3/5. 42 DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FIRST READING ORDINANCE BY APPLYING HC-4, COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT TO SEARS ROEBUCK AND COMPANY LOCATED AT 1300 BISCAYNE BOULEVARD. 43 DISCUSSION AND DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE OF POSSIBLE CHANGE OF ZONING PROPERTY BOUNDED BY I-95 EXPRESSWAY, S.W. 1STH ROAD, S.W. 17TH ROAD AND S.W. 2ND COURT FROM RS-2/2 AND RG-2/5 TO CR-2/7. 44 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 185 S.E. 14TH TERRACE AND APPROXIMATELY 200 S.E. 14TH STREET FROM RG-3/7 TO SPI-5. 45 GRANT EXTENSION OF TIME. MIAMI CENTER II DEVELOPMENT ORDER BY AMENDING CONDITION 26. 4f FIRST READING ORDINANCE. ZONING TEXT AMENDMENT, AMEND ART. 15, SPECIAL PUBLIC INTEREST DISTRICTS BY ADDING A NEW SECTION 15.110 SPI-11 COCONUT GROVE RAPID TRANSIT DISTRICT. 47 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 2810-2840 S.W. 27TH AVENUE AND 2727-2901 S.W. 28TH TERRACE FROM RG-2/5, RG-2.1/4, CR-2/7 AND SPI-3 TO PROPOSED SPI-11 COCONUT GROVE RAPID TRANSIT DISTRICT. 48 FIRST READING ORDINANCE. APPLY HC-4, COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT TO THE SALVATION ARMY CITADEL. PAGE # 3 Opzla REsowurlmlol PAGE NO, ORD. 9717 1 71-72 ORD. 9718 1 72-73 ORD. 9719 1 73 ORD. 9720 1 73-74 ORD. 9721 1 74-75 FIRST READINGI 75-79 FIRST READINGI 79-80 FIRST READINGI 80-81 DISCUSSION1 81-84 DISCUSSIONI 84-89 FIRST READIM 89-111 R-83-1006 1 112-121 ST READINGI 121 T READINI 122 T READIN4 122-123 19 (ITEM NO. 49 50 51 52 53 fit 55 56 57 58 59 60 61 62 63 64 P & Z - REGULAR .iraD ct;'sgiaffiF.0 &DA PMCT OCTOBER 27, 1983 PAGE # 4 tDINANCE SOLUTION FIRST READING ORDINANCE. AMEND ORDINANCE NO.9534 THE EXISTING CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE. F AUTHORIZE ISSUANCE OF RFP'S FOR COMPLEX LOCATED IN DINNER KEY AREA OF COCONUT GROVE TO BE KNOWN AS "GROVE MARKET. AUTHORIZE CITY MANAGER TO SOLICIT PROPOSALS TO DETERMINE APPRAISALS OF PROPERTIES LEASEHOLD INTERESTS AND IMPROVEMENTS LOCATED AT 2550 AND 2560 SOUTH BAYSHORE DRIVE. AUTHORIZE AGREEMENT FOR DINNER KEY DESIGN AND DEVELOPMENT MASTER PLAN WITH BOEREME, BERMELLO, KURKI AND VERA. ESTABLISH GUIDELINES FOR CITY AGENCIES, BOARDS, AND DEPARTMENTS FOR THE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM FROM 1983 THROUGH 1989. SECOND READING ORDINANCE.AMEND ART. 6-PD-H PLANNED DEVELOPMENT HOUSING DISTRICTS, ETC. SECOND READING ORDINANCE. AMEND CHAPTER 2 OF THE CITY CODE, SECTION 2-135 INCORPORATE BY REFERENCE EXHIBIT "D" URBAN PLAZAS FOR THE ADMINISTRATIVE REVIEW FOR URBAN PLAZAS IN THE CITY OF MIAMI "GUIDES AND STANDARDS". FIRST READING ORDINANCE. AMEND ART. 20, ORD. 9500 CHANGE DEFINITION OF WATERFRONT YARD BASED ON REDUCED WIDTH OF ADJACENT WATERWAYS, ETC, SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 6202-6398 BISCAYNE BOULEVARD BY APPLYING SPI-9 TO THE PROPOSED CR-2/7. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 271 N.W. 29TH STREET FROM RG-2/5 TO CG-2/7. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICTION 701-999 N.W. 22ND STREET FROM I-1/7 TO GY. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION OF AREA BISECTED BY S.W. 27TH AVENUE BETWEEN S.W. 28TH TERRACE AND BIRD AVENUE FROM RO-2.1/4 TO RO-2.1/5 DELETING SPI-3 AND RETAINING SPI-12. SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION 2937 S.W. 27TH AVENUE FROM RO-2/1/4 TO RO-2.1/5, DELETING SPI-3 AND RETAINING SPI-12. SECOND READING ORDINANCE. CHANG E ZONING CLASSIFICATION 2728 S.W. 23RD STREET AND 2729 S.W. 23RD TERRACE FORM RG-1/3 TO RO-3/6. SECOND READING ORDINANCE. APPLY HC-1, GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO GULF GAS STATION 1700 S.W. 22ND STREET. SECOND READING ORDINANCE. APPLY HC-1, GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE HUNTINGTON BUILDING 168 S.E. 1ST STREET. IRST READING R-83-1007 R-83-1008 R-83-1009 R-83-1010 ORD. 9722 ORD. 9723 IRST READING ORD. 9724 ORD. 9725 ORD. 9726 RD. 9727 RD. 9728 RD. 9729 ORD. 9730 RD. 9731 PAGE NO 123-124 125-135 135-138 138-141 142 143-144 144 145-147 147 148 149 150 151 152 153 154 *Its C14'C' 1'1JJJ1fj FfA &IA PAGE # 5 ITEM NO. �� pp� P & Z - REGULAR ` UCT OCTOBER 27, 1983 �RD I NANC&--lo KES0WTI PAGE NO, 65 SECOND READING ORDINANCE. APPLY HC-1, GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE VILLA PAULA. ORD. 9732 155 66 SECOND READING ORDINANCE. APPLY PEDESTRIAN STREET INDICATION TO PROPERTIES SOUTH SIDE OF OAK AVENUE, WEST SIDE OF MARY STREET, SOUTH SIDE OF MAIN HIGHWAY AS FURTHER DESCRIBED IN THE ORDINANCE. ORD. 9733 156 67 APPLY HC-4, COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT AS A TEXT AMENDMENT TO PROVIDE FOR INTENT EFFECT LOT REQUIREMENTS FLOOR AREA LIMITATIONS, ETC. ORD. 9734 157 68 SECOND READING ORDINANCE. ART. 15, SPECIAL PUBLIC INTEREST DISTRICT, SECTION 1520 SPI-2, PRINCIPAL USES PERMISSIBLE AT OTHER LOCATIONS, RESTRICTIONS AND LOCATION ON GROUND FLOOR, FURNISHED PEDESTRIAN STREET, INC. ORD. 9735 158 69 FORMALIZING RESOLUTION DIRECTING THE CTTV CLFRV TO RFMnVE THE NAME OF RICARDO J. RECHANI, CANDIDATE IN GRODP II FROM THE BALLOT FOR THE NOVEMBER, 1983 ELECTIONS. R-83-1011 159-160 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th day of October, 1983, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regu- lar session. The meeting was called to order at 9:18 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr.* Commissioner Joe Carollo** Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, City Manager Jose R. Garcia -Pedrosa, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk *Arrived 9:25 A.M. **Arrived 11:40 A.M. An invocation was delivered by who then led those present in a pledge of allegiance to the flag. 1. DISCUSSION ITEM CONCERNING THE CANDIDACY OF RICARDO J. RECHANI, INSTRUCTING THE CITY CLERK TO REMOVE NAME FROM BALLOT. --------------------------------------------------------- Mayor Ferre: Ladies and Gentlemen, we are now in formal session and the first item to come before us before we get into the Planning and Zoning, we have non scheduled agenda items. The first one is the question of the subpoena serv- icing to Ricardo J. Rechani. Mr. Manager - Mr. City Attor- ney - Jack, can you bring us up to date on this? Mr. Plummer: You have a memo there. Mr. Jack Eads: Mr. Mayor, I believe you have in front of you a memorandum from the Manager indicating the efforts of the Miami Police Department in attempting to serve your subpoena. We have been unsuccessful in doing that. Mayor Ferre: Well, I want the City Attorney and Bob, I don't mean to belittle your services and expertise, but this is going to be a serious matter, and I want to make sure that we have all of this documented and legally ... all right, now as I understand there has been an attempt to serve Mr. Rechani at 444 Brickell Avenue; that it was determined that this is a commercial mail drop and not the residence of Mr. Rechani, and that the mail drop has been... Mr. Plummer: Mr. Mayor, excuse me - I want to put on the record, and I want to get it right now. Mr. Clerk... Mr. Ralph Ongie: Yes, sir, Mr. Plummer. ld 1 10/27/83 14 Mr. Plummer: It is my understand that if you have filed or if anyone has filed a complaint with the State of Florida, no information can be brought out. Mr. Ongie: Yes, sir. That is correct. Mr. Plummer: I am asking you, sir, on the record, are we tampering on bad ground in what we are doing? Mr. Ongie: Not in this particular matter, because this is a matter that is under the jurisdiction of the City Commis- sion. Mr. Plummer: It is all matters, according to the City Attorney, relating to election violations are a matter before this Commission, is that correct? Mr. Ongie: No, sir. Mr. Plummer: That is not correct. Mr. City Attorney? Your ruling. NOTE FOR RECORD: Commissioner Perez entered meeting at 9:25 A.M. Mr. Garcia -Pedrosa: That is right. What Mr. Ongie is saying is right, Commissioner. The matter before the City Commission, under Section 16-17 is only a matter of meeting the qualifications as required by the Charter, and not campaign financing. Mayor Ferre: Let me explain the difference. I had called the City Clerk's office yesterday, or the day before, and I asked about some violations that may be occurring, or that have occurred with regard in particular to a candidate in your race, Mr. Plummer, and another candidate in my race, without naming them. I was informed that that was totally beyond the purview of the City of Miami Commission, and that that was only within the purview of the Ethics Commis- sion and the State Elections Commission, and that it had nothing to do with the City of Miami Commission, and that there was no action possible by us on any of these alleged violations, or violators. The question then comes up with regards to Mr. Rechani. Mr. Plummer: I'll have more to say on that matter. Let's go ahead and deal with that before us now. Mayor Ferre: Let me finish my statement. With the matter of Mr. Rechani I was informed that there is a difference and that Mr. Rechani in effect of the issue before the City Commission is legally before us because it is a matter as to whether or not the man lives where he says he lives, votes where he says he votes, and whether or not he is in compli- ance with the law, and if not, then the matter comes up as to whether legally his name can remain on the ballot. Now, have I stated this correctly, Mr. Clerk? Mr. Ongie: Yes, sir. It is a matter properly before you because that is a part of our local law and a part of our local requirement and is contained in Section 16-17 of City Code. Mayor Ferre: Now, Mr. City Attorney, is it your ruling then that this matter is legally before us, that it does not conflict with State law and that we can proceed in discuss- ing this matter. Mr. Garcia -Pedrosa: Yes, sir. That is correct. ld 2 10/27/83 11 19 Mayor Ferre: Now, the memorandum dated October 27th and initialed by Howard V. Gary, City Manager, in effect states that the mail drop at 444 Brickell Avenue, Suite 51-139 and it was closed on October 12th and there was no forwarding address. Number two, that a residential address at 2612 Santo Domingo Street, Coral Gables was located; that Mr. Rechani at this address was not available; that mail deliv- ered to this address for Rechani had been returned as undel- iverable and that neighborhood canvasses failed to reveal any information on Mr. Rechani's whereabouts. A check of the Dade County tax roles failed to show any property owned at all by Mr. Rechani. A check of the utility companies failed to show any residence for Rechani. A drivers li- cense check failed to show that Rechani is a licensed driver of the State of Florida. However, he had a vehicle regis- tered at 2612 Santo Domingo Street, Coral Gable. A check of the voter's rolls revealed that Mr. Rechani is a regis- tered voter and he listed his address at the mail drop of 444 Brickell Avenue. Mr. Rechani gave his occupation as attorney, but he is not listed in the Florida Bar. That Mr. Rechani's stepson, Renaldo Castellanos, upon being contact- ed, stated that he does not have any idea where Rechani lives and that the last contact he had with Mr. Rechani was a telephone call last week. Mr. Castellanos said that his mother is married to Mr. Rechani, but he does not have any knowledge of her whereabouts either. "I have attached for your examination a sworn affidavit from the police investi- gator who pursued this matter." The affidavit basically restates what I just read into the record from the memoran- dum and it is signed by Mr. Theodore Seaman, sworn before a notary public on the 26th day of October. All right, Mr. Manager is there anything else you wish to add to the knowl- edge of the Commission on this issue? Mr. Gary: No Sir. Mr. Garcia -Pedrosa: I want to add something, Mr. Mayor. I think Sergeant Seaman is here and I would suggest that he be placed under oath and submit himself to any questions the Commission might have. Mayor Ferre: Sergeant Seaman, would you please step for- ward. Mr. Garcia -Pedrosa: And then I have one other matter I'd like to place on the record. Mayor Ferre: Yes, sir. Sergeant Seaman, would you be sworn in, please? Mr. Ongie: Raise your right hand, please, Sergeant. Do you solemnly swear the evidence you are about to give in this case will be the truth, so help you God? Sergeant Seaman: I do, sir. Mayor Ferre: All right, Sergeant Seaman, we have here your notarized statement. I assume that everything you have stated in there is the truth. Sergeant Seaman: It is, sir. Mayor Ferre: All right now, in your search for Mr. Rech- ani, was there any ... the mail drop is obviously not a place where a person can sleep, or live. Sergeant Seaman: No, sir. Mayor Ferre: All right, we have no knowledge or record of anyplace where Mr. Rechani resides or has his domicile and there is no way we.can reach him. ld 3 10/27/83 11 1 Sergeant Seaman: No, sir. We received this matter late last night and were still unable to locate Mr. Rechani. Mayor Ferre: Did you find out from the neighbors in Coral Gables whether or not Mr. Rechani had been seen recently there? Sergeant Seaman: No, sir. The last time he was seen in Coral Gables was in April of this year. We located the address of S. W. 119th Street, where he moved to in April, but left there October 6th of this year and there is no forwarding address. We have been unable to track him from that address. Mayor Ferre: All right, Mr. City Attorney, as I under- stand, sir. the matter therefore is that we can't find Mr. Rechani. He has a mail drop which has been closed. He is registered to vote in the precinct where his mail drop...did he vote in the last election at that location? Sergeant Seaman: We were unable to determine that. The only thing we found on the voter's registration was his address came back to 444 Brickell Plaza. Mayor Ferre: But the question is, under our Charter you have to be a resident six months prior to. Is that cor- rect? Mr. Garcia -Pedrosa: Not to vote, Mr. Mayor. Mayor Ferre: No, not to vote, no, no. Mr. Ongie: Not to vote, but to be a candidate for public office, you have to be a resident for six months. Mayor Ferre: So the question is, did he vote at 444 Brickell Avenue. Is there any record of that? Mr. Ongie: We can find that out, Mr. Mayor. Mayor Ferre: But there was a record that he was registered to vote? Mr. Ongie: Yes, sir. Mayor Ferre: Prior to six months? Mr. Ongie: Yes, sir. Mayor Ferre: So the question I guess is a legal question, Mr. City Attorney. Do we have sufficient proof or evidence at this point to claim that Mr. Rechani does not live in the City of Miami, and can we proceed legally with this? I mean, it seems rather obvious that he does not, but I don't know whether that is just circumstantial or whether it is just...is it hard evidence, is it sufficiently hard for us to take action? Mr. Garcia -Pedrosa: Mr. Mayor, I think that if you were to believe the sworn evidence being presented to you by Ser- geant Seaman concerning the location at which this particu- lar individual claims to reside and the physical impossi- bility of that, then I think you do have sufficient facts upon which to make the finding that that is not his resi- dence and that therefore he does not qualify as a candidate in the upcoming elections. Mayor Ferre: That is your legal opinion? that in writing for the record? ld 4 Would you put 10/27/83 Mr. Garcia -Pedrosa: Yes, sir, I will. Mayor Ferre: As a legal opinion. Based on that, are there any further input from you, Sergeant? Sergeant Seaman: No, sir. Mayor Ferre: From you, Mr. Manager? Mr. Gary: No, sir. Mayor Ferre: From you, Mr. City Attorney? Mr. Garcia -Pedrosa: Yes, sir. I would like to place in the record a telegram that I have just received, a copy of which I provided to the Commission, and if I might read it into the record. It is addressed to me on October 26, 1983, and it reads as follows: "The records of the Florida Bar reflect that Ricardo J. Rechani is not now, and had never been a member of the Florida Bar". and it is signed by Virginia Hardison, Membership Records, The Florida Bar, Tallahassee, Florida, 32301. I would like to hand that to the Clerk, if I might. Mayor Ferre: All right, now this matter has been brought forward by the City Clerk's office for the record at the request of Commissioner Carollo, and Mr. City Clerk, is there anything else you wish to add? Mr. Ongie: No, sir. Mayor Ferre: All right, I cannot tl where the City of Miami Commission h this. On the other hand, nobody ha; like this before. I, myself, and t observation, have never pressed my matters because I think that creates There is, for example, a person that (two people, as a matter of fact) wl another or several laws with regard that is totally beyond the purview, t day, one of my opponents had a rad totally libelous and totally false - ous, saying things that are simply Amendment seems to become very. very ink of a time previous as taken an action like ever pressed an issue his is just a personal opponents with legal all types of questions. is running against me io have violated one or s to the election, but ut for example, yester- io advertising that is and I mean badly libel - not true! The First broad when it comes to politicians running for public office and it seems to per- mit almost scandalous and scurrilous statements that would otherwise never be permitted under the laws for other citi- zens, talking about civil rights and the violation of civil rights, the people who have the least civil rights in Ameri- can society are those who run for public office, but that is something that we all know, and nobody forces us to run for public office, so that comes with the turf. What we have before us, however, is a matter that is very clearly spelled out in the Charter of the City of Miami..I am sorry, in the Code, and I think there has been sufficient... this matter has been pressed by Commissioner Carollo. He is entitled to do so. The City Clerk, has on his own, found these things to be so. We have verified this by the Police De- partment and the City Attorney has looked into it, and the matter is properly before us. Now, I personally think that this Commission has no choice but to act, but that is just my personal opinion and of course the majority of this Commission's will will rule, so I now put it up for discus- sions, questions, statements, or motions. ld 5 10/27/83 Mr. Plummer: SRt. Seaman, Did you make inquiries to his hank Repunt? Sargeant Seaman, did you make inquiries as to his dank account? Mr. Seaman: No, sir. Mr. Plummer: Why not? Mr. Seaman: Because I did not have the subpoena to do so, Commissioner. Mr. Plummer: You need a subpoena to inquire? Mr. Seaman: Yes, sir. Mr. Plummer: Did you check the records of the Bar Asso- ciation of Puerto Rico where he is known to be from. Mr. Seaman: We are in the process of doing that this morn- ing. We attempted to last night, but we couldn't get hold of anybody down there. Mr. Plummer: Did you try and endeavor to find or contact through his wife, who is a well known individual in this community? Sergeant Seaman: Yes, sir. Mr. Plummer: Thank you. Mayor Ferre: Further questions? Mr. Plummer: Statements? Mayor Ferre: Statements. Mr. Gary: I have a statement to make for the record. This matter came up on Tuesday late. Sergeant Seaman has been working on this full time on Wednesday, and we have done a thorough job, given the time constraints. Mayor Ferre: Further statements? Mr. Plummer: Mr. Mayor, under statements... understand that I have to very careful on the statements made, but I want to tell you that on November 8th, whether I win or lose, there are no draws ... it is fully my intention to try and put some meat into the sham which is existing today. The sham is our so-called election laws in which people are not required to comply with the law. There are nothing but redundant viola- tions by candidates for public office in the City of Miami, and yet, when I inquire as to who is responsible to pursue, I get nothing but the runaround. The Clerk's office tells me it is not their responsibility. They say go talk to the City Attorney. I go talk to the City Attorney, he tells me it is not his responsibility. He is not a prosecutor. Then, the ball is thrown to Tallahassee of election vio- lations. Nothing is ever heard of! Nothing is ever donet It is absolutely a sham! We have laws on the books that do not mean a thing, because no one seems to have (forget about the initiative!) the responsibility or the knowhow, or the wherewith to pursue these matters. I have strived very diligently to comply with all of the laws pertaining to reporting. Yet others don't even report, much less as it refers to those who take their rights, they don't have to. At least, they put up a defense. Whether it is valid or not, the courts will decide. But, there are people in this present election who have passed the last reporting period, the period before that and nobody does anything about it! Nobody does a thing about it! And as of today, finally ld 6 10/27/83 I something was done. The law is very clear. If you don't report on a given date at a certain time, you are in viola- tion. But, who does anything? No! Nothing is being done. Mr. Mayor, I suggest that we schedule on the November 10th agenda... Mayor Ferre: No, November... Mr. Plummer: I am sorry, the 16th...the November 16th agenda - that this Commission, as it relates to the elec- tion laws in our Charter, because that which is in our Charter, or Code, is ridiculous! It is absolutely ridic- ulous! That this Commission can sit in judgment on its own members, I think it is ludicrous that we are up here run- ning, and we are going to judge ourselves. I don't think that anyone would say that that is a good system. The courts are where it should be. The courts should decide, and it should not be a political problem thrown to a political body. I think it is absolutely ludicrous. Mayor Ferre: All right, I agree, and we will.... Mr. Ongie: Mr. Mayor... Mayor Ferre:.... hold on just for a second. I agree with the statement made by Commissioner Plummer and I want to add a further statement to it. Part of the problem, Commission- er Plummer is that we have State laws that supersede some of our laws and there is a lot of confusion on the Election Board's procedures and so on. I mean, I can take several of my opponent's disclosures and show you blatant violations of the law. Mr. Plummer: But you see, Mr. Mayor, I can't do that, because they haven't filed. They refuse to file! Mayor Ferre: Well, for example, in one particular case, here is an individual who contributed $100 out of his cam- paign funds to the Eduardo Arocena Defense Fund, the alleged leader of Omega 7. - he did not make the contribution out of his own personal funds, but out of election funds! That is a total violation of the law. There is no way that something like that can be condoned, but the question - see what happens is, that after the election is all over, and everybody is happy, the winners are happy, and the losers lick their wounds and go home and nothing ever happens, so I really do think that we need to look into this whole ques- tion. I know that it is a sensitive subject of our First Amendment rights and where you put up signs, - you know, whether our zoning laws are right or wrong or constitutional or not constitutional, there are kinds of ... the law is the law! And people are out violating existing laws of the City of Miami at the present time and so on, so let's not belabor that because it really is a separate subject than that which is before us at this point. Now, Mr. City Clerk. Mr. Ongie: I would just simply like to correct the record and for the information, particularly of Commissioner Plummer. The City Clerk is the person that is responsible both to administer the local law and the state law. I have never given anybody the runaround about anything, and the actions that I take pursuant to State law are of necessity, confidential. Mayor Ferre: That is correct. Mr. Ongie: I am under ... I would be committing a misde- meanor myself if I discussed those actions that I take with anybody, but the only thing that I can tell you is that in regard to each and every violation, the appropriate action has been taken. Id 7 10/27/83 40 Mr. Plummer: Mr. Mayor, I will not let the record go unno- ticed. He is absolutely wrong. It is been a matter of convenience for the Clerk. I will stipulate for the record and ask him to correct me if I am wrong. A violation oc- curred and nothing was done by his office for thirteen days until I brought it and made mention of it on the record. After thirteen days, finally something was done and a letter was sent. That is not the law. The law is simple. If you do not comply, you have within forty-eight hours in which to form a violation notice, not thirteen days! Now, all I am saying is very simple. It is not a matter of convenience, and if you want, let's bring it out on the record. Let's go get the records, and let's show it right here on the simple face of it. Mayor Ferre: I think... Mr. Plummer: If it is the responsibility of the Clerk, as he says it is, then I must ask why he was derelict, and did not notify, now did not make any action? Mayor Ferre: Mr. Plummer, I understand and sympathize with your position, and I want you to know that I have similar concerns and frustrations; however, I really do think that we ought to wait until November 16th and until after the Elections Department of the State of Florida. I do not think that we should put the Clerk under the constraint of forcing him in any way, or putting pressure on him to vio- late the law himself, since he is under the law honor bound not to discuss any violations of the law that he has submit- ted in writing as a complaint. So, we are at one of these Mexican standoffs, if you will, and would request that we hold this off until a future date rather than to do it at this time, but if... Mr. Plummer: Mr. Mayor... Mayor Ferre: Yes, sir? Mr. Plummer: You are correct. I have been very, very careful in what I have said this morning. I fully intend, as I said before, that the Manager will schedule this on the 16th for a complete review. At such time, we will also deal with how the Clerk has handled this matter, fully. Mayor Ferre: All right, if we can legally do so. Mr. Plummer: Oh, we can do so. We can surely deal.. Mr. Ongie: Mr. Plummer, you... Mr. Plummer:.... with that of how our Clerk has dealt with this matter, who has admitted on the record that it is his responsibility. Mr. Ongie: You missed a key word, and the key word is "confidential". Mr. Plummer: Sir... Mr. Ongie: It is not in the record... Mr. Plummer: It is in the record. I have a certified receipt where you said it. It is in the record! Mr. Ongie: But you don't know what else I have done. Mayor Ferre: See, that is the point. ld I 10/27/83 Mr. Plummer: Sir, the confidential record, once the inves- tigation is completed, is open and available to the public. Mr. Ongie: That is correct, but that takes a long time. Mr. Plummer: And that is when we will deal with it, and we will deal with it. Mayor Ferre: All right, the Chair rules that this matter is not properly before us at this time, that we have taken note and the record reflects the concerns of the Commission. Out of respect for the Clerk, since the matter under law says that it must be dealt confidentially, you are not fully informed of exactly what has occurred, and therefore we cannot conclude. I don't think we can deliberate, much less conclude the issue, and therefore on November 16th, Mr. City Clerk, Mr. City Attorney, please be prepared and Mr. City Manager, to come up with recommendations as to how we can clean up and improve the process, both regarding the report- ing of violations, the relationship with State law, matters that deal with the election procedure under our own Charter and Code, and the zoning matters that refer to signs, be- cause I think it is an improper time for us to do it right before an election, because people will construe that wrong- ly, and the time to do it is way before the next election, and since we have elections coming up next year in 1984 that are County and National, with regards to the... Mr. Plummer: That is a good place to start. Mayor Ferre: That is a good place to start since nobody is going to be uptight about it who is running for public office in the City. Now, we now will return to the matter that is before us, which is the question of Mr. Ricardo J. Rechani. I evidently made a mistake. I want to correct it into the record. I was informed that it was not Commission- er Carollo who brought this matter up, but rather it was the Spanish press block, which is a series of Cuban -American, or Spanish, or Spanish-American weekly newspapers who brought this matter up to the public record, so do you want to add anything to that? Mr. Ongie: No, sir. That's correct. Mayor Ferre: So it was not Commissioner Carollo who brought this matter up. All right.... Mr. Plummer: Mr. City Attorney. Mr. Garcia -Pedrosa: Yes, Commissioner Plummer. Mr. Plummer: As it relates to Mr. Rechani, what is your recommendation? Mr. Garcia -Pedrosa: I think, Mr. Vice Mayor, that the evidence before you... Mr. Plummer: Move the motion. Mayor Ferre: You want to move? Well, let him finish. Mr. Plummer: Whatever it is, I move it. Mr. Garcia -Pedrosa: I haven't had such a vote of confi- dence...! Mr. Plummer: And you probably never will again! (LAUGHTER) Mayor Ferre: Let him finish. He already made the state- ment into the record, but let him repeat it. ld 9 10/27/83 Mr. Garcia -Pedrosa: Well, no, I think, Mr. Mayor, what you asked me was whether the matter was properly before the Commission, and I don't interpret... maybe I misinterpreted Commissioner Plummer's question. Mr. Plummer: What is your recommendation? Mr. Garcia -Pedrosa: Okay, I take that to be a different question. I think the evidence before you is (a) extremely clear, (b) uncontroverted, and I think, Mr. Mayor, that your ruling that the matter is also procedurally properly before the Commission is eminently correct, and that a Commission such as this has some duty to (and I think a great duty) to uphold the law. I think some of the frustra- tions that the Vice -Mayor has expressed probably has arisen from the fact that all too often election laws have not been upheld, and therefore I would recommend to you that you enforce the law and make what seems to me to be the inescap- able finding under Section 16-17, that this candidate who has the obligation himself to show you, as does every candi- date that he or she complies with the qualification require- ments, had not made that showing, and that therefore he is ineligible to run. Mayor Ferre: All right, Mr. Clerk, do you want to say anything into the record? Mr. Ongie: No, sir. It has all been said. Mayor Ferre: You concur as the supervisor of the elections for the City of Miami and the keeper of the key, so to speak, with the statement made by the City Attorney? Mr. Ongie: Yes, sir. Mayor Ferre: All right, what is the will of this Commis- sion? Mr. Plummer: I made the motion. Mayor Ferre: All right, Mr. Plummer moved that...Mr. City Attorney, help us. Mr. Garcia -Pedrosa: Yes, sir. Commissioner Plummer is moving a resolution which I would like to finalize and bring back to the Commission a little bit later on this morning, if you voted in favor of it now pursuant to Section 16-17 of the Code of the City of Miami, that Ricardo Rechani does not meet the qualifications of an elector as required under the Charter and directing the Clerk to refrain from placing his name as a candidate for Commissioner, or, if the name has already been placed on the ballot, instructing the Clerk to take the necessary action, either to remove the name from the ballot, or otherwise to lock the key for that particular candidate in order that the electorate may not be permitted to vote on an unqualified candidate for the office of Com- missioner. Mayor Ferre: Is there a second to the motion? Mr. Perez: Second. Mayor Ferre: Second by Commissioner Perez. Is there fur- ther discussion on the motion? If not, call the roll. THEREUPON, THE FOREGOING MOTION, duly introduced by Commissioner Plummer, and seconded by Commissioner Perez, was passed and adopted by the following vote: Id 10 10/27/83 AYES: Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None Miller J. Dawkins Demetrio Perez, Jr L. Plummer. Jr. A. Ferre ABSENT: Commissioner Joe Carollo (LATER FORMALIZED INTO RESOLUTION NO. 83-1011) 2. AUTHORIZE CITY MANAGER TO ALLOCATE FIVE THOUSAND DOLLARS FOR A PERUVIAN TRADE FAIR PURSUANT TO A REQUEST FROM NEDA. Mayor Ferre: We are still in the pocket item area. The first item that comes before us is request of NEDA, a re- quest of financial support. We have before us a memorandum to Howard from Frank Dias-Pou, which reads: "After review of NEDA national Trade Promotion financial report be den considerations account for to maximize exposure and regional trade fairs were rent presence is the larg, in the southern cone - tr Chile rules out our parti immediate vicinity. Two provided to successfully c drive, the opening of the is barely 15 working days participating firms cannc market research is requi companies as best sales i proposal, the Department of Inter - recommends that the requested .ed. Programatic and technical our decision. One, in an effort minimize costs, only those major targeted for the City. Our cur- �st and most important trade fair e International Fair at Santiago, cipation in lesser affairs in the , not enough lead time is being arry out the necessary recruitment Lima Trade Fair of November 16th away. In addition, selection of t be done arbitrarily. Careful red in order to identify those iotential of the particular arpa_ and three, this proposal, if funded, would amount to no more than duplicating services already provided by the Depart- ment of International Trade and Promotions." Mr. Manager, do you wish to add anything to this memoran- dum? Mr. Gary: No. Mayor Ferre: All right, my personal opinion is, Mr. Manag- er, we do receive funds from Tallahassee for the purposes of trade promotion and trade fairs. I do think, having looked at NEDA's request that they render a valuable service to this community at these trade fairs, and I personally do not concur with the recommendation of the Director of the De- partment of International Trade Promotions. That is just my personal opinion. Mr. Gary: First of all, Mr. Mayor, the budget that we have had to be approved by the State, so obviously, we are going to have to get their approval. I think more importantly is the fact that when you are talking about doing a trade fair, and onus is put on us to get ten minority firms. That requires us to do a lot of work, which in the estimation of the professional that we employ to do that, fairs cannot be done in that short period of time. Secondly, Mr. Arques will be in NEDA himself and it is very difficult to monitor the success of this type of program on that kind of basis. He assured us the lead time is not adequate, and we don't support it. ld 11 10/27/83 Mayor Ferre: Any other questions or statements from mem- bers of the Commission? Mr. Perez: Let me ask you something? Who gets the funds from the State budget? Mr. Gary: The State budget you approved in terms of the utilization of the expenditures, and as you well know, Mr. Frank Diaz-Pou is now in Santiago, Chile which is in the same area and that was one of the programs that was ap- proved. The State has approved the budget. If you plan to change it, the State has to approve the change in those expenditures, and I professionally cannot recommend that. Mayor Ferre: Other statements or questions? All right, what is the will of this Commission, if any? Mr. Perez: How much is this request? Mayor Ferre: $20,000. Mr. Perez: $20,000, but we are asking Mr. Arques... Mr. Gary: $5,000. Mayor Ferre: Oh, I am sorry - $5,000. Mr. Plummer: For this one, but the other two... Mayor Ferre: I am sorry, I stand corrected. Mr. Manuel Arques: My name is Manuel Arques, 1803 Ponce De Leon Boulevard. No, I am requesting $20,000 for one year, but right now, what I am trying to do is, as I explained to the Commissioner and the Mayor a couple days ago, was the Trade Fair of the Pacific. The time table, I think I can solve that problem now. I think it is about 16 or 17 days and we can put an ad in the newspaper this weekend. We have one week to recruit the company, which I could help the City or the International Department to do that, and I believe that it is going to be very important for the City of Miami because there are 30 countries attending that fair and also more than 300,000 persons that attend the fair, and I think it is going to be a good exposure for the City of Miami for a little bit of money, and also to help 10 minority compa- nies to attend the fair without any cost. Mr. Perez: Do you think the City will be able to antici- pate the $5,000 after we request from the State funds? Mr. Gary: My answer to that question is "no". You know, we have right now Frank Diaz-Pou in Santiago, Chile, and what Frank Diaz-Pou did, he ran and got the same types of minori- ty firms, and what he required was, the cost to the firms that is prohibited is the costs of traveling to those coun- tries and living in those countries. What Frank is doing right now, and what he proposes to do is that we send one or two people over, they take the catalog (they used to call it a catalog show) - they take the catalog for these partic- ular firms and one of those people for 10 or 30 people, and in that case, Frank Diaz-Pou is supposed to be representing 25 people and therefore you save the cost of travel and living expenses for 25 people for 5 days. Now, we think that is good, but in this particular case, what we are saying is that minority firms do have to pay a cost and we think he can get those minorities firms to pay $500 times 10 is $5,000 and he only has to get 10 for them to be covered for costs that normally they would have to bear of more than $5,000 or $6,000, and I feel that those firms can contribute $500. Minority doesn't mean poor. The people that export Id 12 10/27/83 in business can afford $500 for him to represent them and put him on a performance contract that he has performed for that $500. Mr. Perez: You say that you have three more fairs during the year? Mr. Arques: What I am requesting is with that amount of money, I can take the same company without any cost at all and to respond to Mr. Gary, I think the export business is really in very bad shape here today and we are now in the present situation that many of the firms, exporting firms, they are out of business, and I think this is a very good way to protect some companies that probably don't have enough money to pay to us to go to those catalog shows in Lima, Peru, because what I am trying to do is to take the catalog - I don't take the businessmen to Lima, Peru, but with the catalog, I get enough inquiries and leads that when I come back over here like last year, I took twenty compa- nies to Lima, Peru, and we brought more than 450 leads, which are supposed to provide more than $2,000,000 in sales, and also the exposure of the contacts that these firms get through the catalog that I try to sell to them. Mayor Ferre: All right, Mr. Arques, I understand. The fair you are talking about is in Lima, Peru, is that correct? Mr. Arques: Right. Mayor Ferre: Now, Mr. Manager, Frank Diaz-Pou at the pre- sent time is at Santiago, Chile. Now, you know, those are two separate countries. It is like saying that we have representation in Holland that covers France, and so, I realize we can't do everything and we can't be everywhere and everyone of these different trade shows and fairs. We do have the Florida Export er-ImportersIs Association that are here from their own request, and as a matter of fact, they are here to ask for funding. In their case, they are asking for $75,000 from the Florida Exporter -Importer's Association. I don't know whether they want to get involved in this or not, but we would welcome their advice, if they wish to give it. They may want to stay out of this. That is their decision. Yes, sir? Mr. Sergio DeArmas: My name is Sergio DeArmas, of the Florida Exporter -Importer's Association. I live at 8500 S. W. 116th Street. In regards to the situation beforehand, Mayor Ferre, City Commissioners and City Manager, I have to agree as part of the input of our catalog show, which a tremendous savings, I do have to agree also what you just stated, that I know that Chile is going on right now with Visa and I know what that Manuel Arques is trying _ to do the same in Peru and I have to agree as far as your pronunciation that two different countries, two different nations, two different types of customers. I am feel right now, the City of Miami, based on the fact that we are going through very difficult times, we need as much exposure as we can get and the matter of having as much representation from the State of Florida and from the City of Miami and any of these trade fairs and trade shows is most needed for this community in order to continue to have our international role. Mayor Ferre: All right, so now are there any other ques- tions or statements? Now, what is before us then is just Id 13 10/27/83 17 Mayor Ferre: Cont'd: $5,000 for the Peruvian Trade Fair, not the $20,000, I am sorry - I got mixed up on that. We need to move along, so the Commission needs to make a decision one way or the other. Anybody want to...? Mr. Plummer: When everything else fails, I will make you a motion. Mayor Ferre: Well, let's move along, one way or the other. Mr. Plummer: In the past he has proven that he has done a hell of a good job for this City, I think he will continue. I move that we give the $5,000. Mr. Perez: Second the motion because I think the inter- national image of the City of Miami is very important at this time. I think that $5,000 is nothing to be compared with the benefits and the kind of attractions and the kind of projections that we can project about the City of Miami. Mayor Ferre: All right, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-992 A MOTION AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 AS A CONTRIBUTION IN CONNECTION WITH A PERUVIAN TRADE FAIR HELD AS A PART OF N.E.D.A., THE NATIONAL ECONOMIC DEVELOPMENT ASSOCIATION. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None. Miller J. Dawkins Demetrio Perez, Jr. L. Plummer, Jr. A. Ferre ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mayor Ferre: I vote "yes", and let me just add for the record, Mr. Arques, it is important, because we do need to have unity and we need to work as a team. Now, you are requesting further funding for other trade shows. It is essential that you work with City Manager Gary and his representative, Frank Diaz-Pou so that we can have a united front. Now, even though I have voted for you in this particular funding, Mr. Manager, I do want to state into the record that it is my opinion that the City does have a department, and the department has a primary responsibility to represent the City, and in the future I think the City should be represented directly, or if we are going go, Mr. Manager, to contractural obligation to have others represent us, that we have to look and see who can best represent us and go through that process so that we don't have to do it two weeks before and do it in a forced kind of a situation. You said that you were going to advertise, and I think it is important that we do that so that when you go to Lima, Peru, take as many catalogs and represent as many firms, especially minority firms. These are very, very dark and difficult times for those ld 14 10/27/83 who are in the business of inport, export in Miami and I would like into the record say that there are almost one -quarter of a million Miamians who live, work and put bread on the table through this business, and it is an important, probably the number one business that Miami has and we have to do everything within our power to help us survive and prosper. I vote "yes". Mr. DeArmas: Thank you very much, and for the record, Mayor and Commissioners, I have been working with Frank Diaz-Pous for a long time too, and I presented this proposal to him about three or four months ago, and I hope that one of the City officials will attend this fair in Lima, Peru. It would be wonderful if it could be with me and my personnel in Lima, Peru. Mayor Ferre: All right, thank you. Mr. Perez: I think that it would be important that you try to contact the Office of Visitors and Information in the City of Miami, because you mentioned yesterday that you tried to contact the Dade County Publicity Department, but it is important that you have publicity about the City of Miami, particularly, not only the Dade County area, especially in this case. Mr. DeArmas: I will do that, Commissioner. Thank you so much. 3. AUTHORIZING AND DIRET CITY MANAGER TO ALLOCATE $75,000 TO THE BLACK TOURIST DEVELOPMENT CENTER. ---------------------------------------------------- Mr. Dawkins: Mr. Mayor, I have one pocket item. Mayor Ferre: Go ahead. M.r Dawkins: Come up, Mr. Jackson, please. Mayor Ferre: Mr. Jackson. Mr. Dawkins: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Dawkins: The other day Mr. Jackson requested $75,000. I sat here and prevailed and said that the City of Miami should not holding out money, but no one up here seems to believe that but me, therefor I move that the City of Miami award Mr: Jackson the $75,000 for the Black Tourist Development Center. Mayor Ferre: Is there a second to that motion? M.r Plummer: Second. Mayor Ferre: Further discussion? Mr. Manager? Mr. Gary: Mr. Mayor and members of the Commission, if this vote passes, I will present to you before I give him the money where this money has to come from in the City of Miami's budget and the consequences of this action. Mr. Plummer: Well, let's understand each other, Mr. Gary. My statements the other day were very clear. This is to be dovetailed with our present convention bureau. It is to be monitored by our convention bureau. I think Mr. Jackson and his organization are representing a segment of this ld 15 10/27/83 community which has long been overlooked. Why, there seems to be a different dollar, that when it reverts to a Black organization. We are about the business of getting conventions into this community. That means all conventions. I think it has been overlooked in the past. I think this is a golden opportunity for this community to receive and equitable treatment to bringing a great needed source of revenue to this community. We receive, as you know (I don't mean to blow my own horn) but $250,000 I was able to get from the T.D.A. This Commission has in fact, allocated monies to bring conventions to this community. If we are ever going to make a success of that convention center, which it is going to be, in spite of a lot of people, it is going to take every effort - Mr. Jackson, our own convention bureau all, a total effort to make it a success. Mayor Ferre: All right, further statements? Mr. Dawkins: Yes, I would like to say to Mr. Gary I am really pleased, happy and honored to know that you are finally deciding that as this Commission tells you to go find money, that you have just decided that from now on you will come back and tell us the consequences of it. I really appreciate it, Mr. Gary! Mr. Gary: I haven't just decided. I've been doing it for two and one-half years. Mayor Ferre: All right, further statements? Now, Mr. Jackson, as I understood your request, and as I understood the deliberations we had on Tuesday on this, you are going to be getting matching funds from Metropolitan Dade County. Mr. Jackson: That is correct, sir. Mayor Ferre: And this is subject to that. Mr. Jackson: Yes, sir. Also, we are being... Mayor Ferre: I want to make sure that we understand that we are not doing this alone, that Metro is helping too. Mr. Jackson: Yes, sir. Mayor Ferre: All right, further discussion? If not, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 83-993 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $75,000 AS A CONTRIBUTION TO THE BLACK TOURIST DEVELOPMENT CENTER TO BE MONITORED BY THE CITY OF MIAMI CONVENTION BUREAU. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Id 16 10/27/83 b I ABSENT: Commissioner Joe Carollo 4. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $39000 IN CONNECTION WITH THE STAGING OF THE BUENA VISTA EAST FOLK FESTIVAL INTERNATIONAL. --------------------------------------------------------- Mayor Ferre: All right, we have now Jean Whipple and the people of the Buena Vista East Neighborhood Association. They have a festival coming up October 29th and evidently they didn't realize that they had to go to the festival committee to get any funding from the City of Miami, so, Ms. Whipple? Ms. Jean Whipple: that's correct. My name is Jean Whi- pple, 2621 Natomi Street and I have been asked to appeal to the Commission for funds for this weekend. The Buena Vista East Neighborhood Association has been running a festival for the past three years and has never asked for any help. However, it is larger than ever, and they need help to pay for off -duty police and barricades. Mayor Ferre: Ms. Whipple, the problem that this Commission has in all of these things is that we do have a Festival Committee. There are over 30 different organizations representing different neighborhoods that are asking us to put up some money. Ms. Whipple: I understand. Mayor Ferre: Now, I realize that Buena Vista is just as entitled as Allapattah, or Wynwood, or Overtown, or anybody else, and that if we give money to Calle Ocho, and Kwanza and Goombay and so on, that you are also entitled to some money, but there has to be a procedure in the process. We can't just ... so the question is, what you are asking us to do is to bypass our process and to give you money in preferential treatment over the other entities that we keep turning over to the committee. Ms. Whipple: Well... Mayor Ferre: Now, the problem is that you have your festival October 29th, but you know, not being informed as to procedure is not the City Commission's fault, nor is it the City Manager's fault, and the question to you is, why didn't you bother to ask somebody what the procedure was and why are you coming before this Commission on the 27th day of October when your festival starts on the 29th of October. Why didn't you come a week ago, or two months ago when you should have done it? Ms. Whipple: That's correct. I've only been aware of this for the last couple of days myself, and I sat here Tuesday and I saw that this was what was supposed to happen and that you are really sticking to that procedure now. However, here we are, and we've got several thousand people coming into the Buena Vista East neighborhood this Saturday and Sunday. Now, they can have the festival, I am sure, but they won't have the police protection and the barricades up, and I think that might be rather unfortunate. This group has really been doing a good job without any help. I mean, it is one of our only... Mayor Ferre: Is it a multi -racial group? Id 17 10/27/83 Ms. Whipple: it is a multi -racial group, and I have watched them because of their close... Mayor Ferre: Are there Black and White... Ms. Whipple: The Haitians, Jamaicans,... Mayor Ferre: And Hispanics and all that. Ms. Whipple: It is very multi, there. Mayor Ferre: Questions from members of the Commission? Mr. Plummer: Mr. Mayor, it is not a matter of questions, it is a matter of statements. I don't see how this Com- mission, as you said in your opening remarks, can deal with one without dealing with the rest. We have a festival committee and I understand their plight - they are coming at the very, very last minute. I think you had better be aware that there are no dollars there! Now, you put your festival on at your own risk... Ms. Whipple: Well... Mr. Plummer: And I don't think it would be fair for you to throw this Commission into a posture that we have denied you. It is a matter of someone who didn't do what needed to be done, and I just don't know where the dollars are. Mayor Ferre: Mr. Manager, let me ask you - about a month ago there was an Octoberfest, or this month, festival at Little River. Somebody know something about that? Do you, Mr. Eads, or somebody? Anybody know how much we funded them? Did we fund them at all? Mr. Gary: If we did it, we did it way back in October or September of last year ... October or November. Mayor Ferre: Does anybody remember whether we funded the Little River Festival? Mr. Gary: No, we didn't Mayor Ferre: See, there was just a recent festival not too far from where you are in Little River, and I don't think we funded them. Mr. Dawkins: I don't think Ms. Burton came down and asked for it. Mr. Plummer: Little River, we definitely did not. Mayor Ferre: See, so the problem is, if we didn't fund Little River, how are we going to fund you and... Ms. Whipple: Little River, I think is a little different situation. There is a lot more commercial businesses and everything involved in the Little River. Mr. Plummer: That was Budweiser. Ms. Whipple: And I think they did, and I think this is a real neighborhood festival. There aren't any commercial businesses, and they have been doing a real good job and I think they did go to the Parks and Recreation Committee with a proposal. Mayor Ferre: rewmember your officers mainly? ld Well, the question is, the $5,000, as I request, reading it, deals with police 18 10/27/83 Ms. Whipple: It is off -duty police officers and it... Mayor Ferre: It is all for off -duty police officers. Ms. Whipple: And it is according to the proposal that the City of Miami police off duty deparmtent gave to the neighborhood association, and that comes... Mayor Ferre: All right, questions from the Commission, and what is the will of this Commission? M.r Perez: How much would be the police cost? Ms. Whipple: The police ... all right, she would like to explain something. Mayor Ferre: Go ahead. Ms. Barbara Cezair: My name is Barbara Cezair, I live at 58 N. E. 45th Street. I have been ... I am the person who is organizing the festival this year. Last year I called Dr. Lizaso's office to find out what the procedure is for applying for funding for the festival. I called in De- cember of 1982. They told me there is a procedure and the booklet was not available because of a printing problem. I called again in January of 183 - they gave me the same excuse. I called again in April of 183 and they gave me the same excuse. I called again in May to remind them. They sent it out in late June. This is the first time I have ever had to work on a proposal. I had to get assistance from different people. When I completed the proposal, it was in August of 183. I took it into Dr. Lizaso's office and it was left there and made the number of copies I was told to make and I found out last Tuesday that they are still in Dr. Lizaso's office and he told us that we fall in the crack, because there is a Festival Advisory Board that was reactivated and it starts next month. Now... Mayor Ferre: I think they have got a legitimate beef. They have been getting the runaround from Lizaso Mr. Gary: No, that is not fair! That is not fair. Mr. Plummer: Well, you see, we are the one that is really caught in the crack, okay? We turned down Calle Ocho the day before yesterday. We turned down all festivals. Mr. Gary pulled 30 items off of last Tuesday's agenda, all for funding, and yet, if we come here today and grant you what you are asking, then all 30 of those have the same right to demand that they be heard, which they were not even heardt I just... Ms. Whipple: I was told by Dr. Lizaso that my application was the only one that came in at this time, so it seems to me the money should be a little different. Mayor Ferre: See, the problem is that their festival is in two days, but the other side of the issue is that we do have procedures, and what you are asking us to do is to bypass our procedures and to give you preferential treatment. Ms. Whipple: From December of 1982 I was trying to get the procedure, honestly. I have it documented in my calendar book. I have been trying to get the procedure. Mayor Ferre: Well, I sympatise with your problem, and I wish that we could help, and I think we ought to do some- thing, but I don't think we can give you $5,000, because that would be totally against... Id 19 10/27/83 0 1 Mr. Plummer: You would put yourself in a box - everybody else would want to use that same procedure. They are not going to apply, and they are going to do two days before the festival, they are going to come up here and say how can you deny us? Mayor Ferre: But, the big question is, whether or not, they got a runaround from Dr. Lizaso and the Manager says absolutely not, but this lady, Mrs. Whipple says that they did. Now, you know... Ms. Whipple: I could tell and incident in the office that I would have to know about, because I was calling them. Mayor Ferre: Well, what is the will of this Commission? We need to decide. Is there anything you want to do? Mr. Perez: How much is the police cost? Mayor Ferre: $2,000... Ms. Whipple:...$964. Mayor Ferre: $2,964. Do you have to have that many police officers? Ms. Whipple: That is what the police recommend, after they recommended a $5,000, but we had to cut it back. Mr. Plummer: You know, I want to help. Ms. Whipple: This is for one sergeant and seven officers. Mayor Ferre: I think we have got to help them somehow, and I don't know what to tell you because the others, we can wait until January, or February - Calle Ocho doesn't come up until the spring. We have got a lot of time to deal with them. These people are coming up right now. You are talking about a lot of poor people that are Black and Haitians and others in that area, and I think we need to do something for them, I don't know what it is. Ms. Whipple: It is generally a lot of people that have really been working together and haven't asked for any other help and all the help they are asking for is this police. Mayor Ferre: This is an area that is just coming alive and it has been a dead area for years, and these people are really beginning - that association is a totally biracial association. They function together, Black and White. I will tell you what, I don't think we can give you full funding, because I think that is going to create a problem with others, but I would move that you be funded $3,000. Mr. Dawkins: Second. Mayor Ferre: I move that they be funded $3,000. Mr. Dawkins: I second. Mr. Plummer: Motion made and seconded. Is there discus- sion? Hearing none, call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 83-994 Id 20 10/27/83 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $3,000 AS REQUESTED BY THE BUENA VISTA EAST NEIGHBORHOOD ASSOCIATION IN CONNECTION WITH THE STAGING OF THE BUENA VISTA EAST FOLK FESTIVAL INTERNATIONAL TO BE HELD ON OCTOBER 29TH. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Mayor Maurice Miller J. Dawkins Demetrio Perez, Jr. Joe Carollo A. Ferre NOES: Vice -Mayor J. L. Plummer, Jr.. ABSENT: Commissioner Joe Carollo ON ROLL CALL: Mr. Plummer: In the interest of fairness, I have to vote "no". Motion passes 3 to 1. 5. DISCUSSION ITEM - MIAMI CONFERENCE OF THE CARIBBEAN. --------------------------------------------------------- Mayor Ferre: Okay, we next have the ratification contract between the City of Miami and the C.C.A.A. Ms. Alicia Pla will make a presentation, as I have it written here. This deals with the Caribbean Conference, Mr. Manager. Mr. Gary: Where is it? I don't have any information. Mayor Ferre: I would assume that you have gone through the Manager. I mean, you certainly should know that, this has to be done ... yes, Ma'am? Ms.Alicia Pla: I am Alicia Pla, Conference Director, Caribbean Central American Action, 800 Douglas Entrance, Coral Gables. These programs are delivered on Monday, supposedly this was going to come through the City Com- mission on Tuesday. They just came out of the press last Friday. If I may, I would like to distribute some copies. Mayor Ferre: Alicia, the City of Miami has funded the Caribbean Conference since its inception. We have been, in effect, either or the mother or father, or whatever of the creature, okay? It is our baby. I have no qualms about it and it is important. It is coming up in December again. The problem again, it is a procedural thing. We have to go through the City Manager's office. The City Manager, and his staff - I don't know who looks at this, Charlotte, or Frank, or who, Mr. Manager? Mr. Gary: Frank. Mayor Ferre: Frank Dias-Pou will be. You know all of this. You have worked with the City before - has to look at the budget, has to look at that this is all about, and has to recommend. Now, if that hasn't been done, the City Commission can't deal with it. Ms. Pla: Everything has been done. We have been working with Frank and we have a contract signed and we have been following the procedures from the beginning as we have been instructed. I don't know what the problem is now. Id 21 10/27/83 Mr. Perez: But I think that we have already granted the $25,000 about a month ago. Ms. Pla: The $250000 was granted. A resolution was passed on June 9th. Mayor Ferre: So, what is it that you are here for? Ms. Pla: I was told to come here. Mr. Perez: No, no. I think that is a misunderstanding on this issue. I received a call from Peter Johnson about two days ago and he claims that he wants to comply with all specific issues, what the City requires. If you remember, at the time that we... Ms. Pla: There was a clause in the contract that was signed and in the resolution, asking that no anti-American country be invited to the Conference. That was one of the conditions. Mayor Ferre: Oh, here it is right here. Mr. Perez: Yes, the funding ewas already approved about a month ago. Mayor Ferre: All right, here it is right here. I don't know what we are talking about. This was resolution 83-455, passed on June 9, 1983. And we have already awarded the $25,000. What is your problem? Mr. Perez: No, the problem is that in that meeting, we specified that we want to have a participation in the program, and that is what Peter Johnson called several days ago and I know that they worked with the International Trade Promotion Department with the City Administraiton. They are here only to bring us up with the program. that is all. Mayor Ferre: I see, I am sorry. Well, why didn't you say so in the beginning. Ms. Pla: I am trying. Before the money was to be allo- cated, or disbursed, the City was supposed to look at the program to make sure that no anti-American countries were involved. Mayor Ferre: Okay, I stand corrected. This matter was done on June 9, 1983. It has been done, and the only question was, that Commissioner Perez requested that before any money be allocated, that we see the program to make sure the City was participating properly and Commissioner Carollo requested that we verify that no Marxist countries were involved, so pass out the program, and all you are doing is complying with the... Mr. Gary: Mr. Mayor, while we are on this subject, you know the City Commission pays me to do a certain job. The only thing I would ask is that so that I can respond to you appropriately, that we be given this information prior to coming to these meetings, because we have an agenda for which we prepare for. Without having knowledge of these kinds of things, it is very difficult for us to respond to these kind of items, whether it is a funding request or not. Mayor Ferre: I understand, but I understand what she is doing isk she is just complying with the Commissioner Perez' request that we get a copy of the agenda. Any further questions? Id 22 10/27/83 Mr. Dawkins: I have to agree with Mr. Gary. Just like they have got it here to us this morning. They have had it since Monday. They could have gotten it to Mr. Gary's office. In all due respect to Mr. Gary, his office should have had this prior to it coming here to us. Mayor Ferre: But, there is no action needed! I under- stand. Mr. Dawkins: He still should have it to review it so that when the quesiton you asked, he could have very easily saved all this b. s. we went through by having known and tell us that it was already funded. Mayor Ferre: I think that is appropriate. Any other questions? M.r Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: You know, this is an example. I cannot respond to whether you met the contract requirements or not. I cannot sit down here and read and determine whether she has done that. I am saying there is nothing against this lady here, but there are procedures that need to be followed so that I can protect the City Commission and do my job. Mayor Ferre: Mr. Manager, this gathering is not going to take place until December 29th... Ms. Pla: November 29th. Mayor Ferre: 29th, and we will be meeting on November 16th, so if you have any problems, questions, or if you staff... Mr. Dawkins: That is the issue! Mr. Mayor, he doesn't have any issue. We are just trying to establish a policy and follow the policy that we have! Mayor Ferre: I understand, Commissioner, and I agree with your statement. Mr. Dawkins: That's all! Okay. Mayor Ferre: Understood, and agreed. Now, is there any further discussion? Now, I am saying to you, Mr. Manager, is if you have any problems or questions, please bring it up to the Commission on November 16th. Okay, thank you for your information. 6. PERSONAL APPEARANCE - SERGIO DE ARMAS CONCERNING THE BUDGET FOR THE FLORIDA EXPORTER/IMPORTERS ASSOCIATION. --------------------------------------------------------- Mayor Ferre: At this time, the next request is Mr. Sergio de Armus presenting the Florida Exporters and Importers Association. Mr. de Armus, I have your letter and request dated October 18th and I am sure you have gather by now, the City of Miami Commission does go through the process of letting the Adminstration look into the request, and then come back with a recommendation, so my question to you - I know you have been working closely with Charlotte Gallogly. I don't see her here today. Have you submitted this to the Adminstration and Mr. Manager, does the Administration have a recommendation? ld 23 10/27/83 i if Mr. Sergio de Armus: Mayor Ferre - Sergio de Armus, this budget was sent to the City Manager, Mr. Howard Gary, on the 18th, as stated on the application. We did send copies to each one of the Commissioners, as well as the City Manager. We.. Mayor Ferre: Have you sat down with Ms. Gallogly, or with somebody from the Administration? Mr. de Armus: Well, we are working on this with Frank Diaz Pou. Mayor Ferre: Oh, I am sorry. Has he concluded and has he recommended something? Mr. de Armus: When Frank Diaz-Pou was leaving town, we discussed the whole issue. A copy has been given to him. I believe that he has been out of town. He hasn't been able to make recommendations to the City Manager. We have been working with the City of Miami Department of International Trade and Promotion. We have been based at the City of Miami Department of International Trade and Promotions for a year. the budget presented to you and to the Commissioners is wnat the type of assistance we need to do our work like we have been doing in the past year. We were given $20,000 a year ago, which I believe, that the City of Miami has been very much benefitted by the relationship with Florida Importers and Exporter's Association., which is the largest trade association representing the exporters and importers in the State of Florida and the second largest in the nation. We have been participating with the International Trade Promotion in different affairs. We have been working very close with different minority groups, trying to get those groups into the international arena by putting seminars and working very close with each one of them, trying to get a curriculum in education and all the programs. Mayor Ferre: All right, Mr. Manager? Mr. Gary Mr. Mayor, if you will recall, the mere existence of this operation as a semi -autonomous function of the City was the brainchild of this Administration. We presently give them rent free space in our building in addition to the $20,000. This request is considerably more than that. We haven't had a chance to review it and I would like to let the City Commission know that even though people may talk to my staff, there is a professional process that we have to follow, which finally has to be reviewed by me, for which the ultimate administrative decision has to be made. A mere conversation with Mr. Diaz-Pou is not sufficient in terms of professional evaluational or recommendation to this Commission. I would suggest that we sit down and review this, particularly in view of our total economic, international trade effort, to determine to what extent we should fund them. We think they should be continued to be funded as we have done in the past. Whether or not this is the amount of money, or this is the program that we want, has to be determined after a thorough evaluation. Again, I would recommend that these items not be brought before the Commission until we have had that adequate evaluation. Mayor Fere: All right, sir. Mr. Gary: But, we think that the program up to now is doing some of the things that we want done, but we need to look at what they have proposed. Mayor Ferre: All right, sir. That, therefore means that this will be coming back before the Commission, Mr. de ld 24 10/27/83 Armas, and Mr. Manager, when do you think would be an appropriate time for this matter to come back before the Commission? Mr. Gary: The first meeting in November. Mayor Ferre: All right, sir. The first meeting in November. All right, thank you Mr. Aguirre, and Mr. de Armas and the next meeting is November 16th. 7. DISCUSSION OF POSSIBLE VARIANCE TO KEEP A REPLICA OF THE STATUE OF LIBERTY AT ITS PRESENT LOCATION - MATTER REFERRED TO CITY MANAGER AND CITY ATTORNEY FOR REPORT. Mayor Ferre: All right, we have the question of the Statue of Liberty replica. I have here, it says "Special variance to allow Nick Morley to keep Statue of Liberty replica where it is currently located. What is that, where is it located? Oh, you are talking about the office space, all right. Ms. Janet Cooper: Mr. Mayor... Mayor Ferre: I am going to recognize you in a moment. Mr. Manager? We have a request by Mr. Nicolas Morley who has now put it down in writing, and I called Janet Cooper the moment he made the request, because I know Save Brickell Avenue has serious concerns on this, and I so informed her. Mr. Morley is requesting that he be allowed to temporarily use space at Villa Regina on Brickell Avenue for the purposes of maintaining the offices of the Save The Statue of Liberty Committee for a period of time , but he hasn't specificed whether it is four months or six months, or whatever. As you know, he serves on the national committee, chaired by Lee Iacocca and the President appointed him on that committee. Now, the problem is a legal problem, and I am going to let Janet Cooper address the issue in a second. Mr. City Attorney, the request by Mr. Morley is this - is there any legal way in which the City of Miami Commission can permit on a temporary usage basic an office for this purpose in an area where there is no proper zoning for office space? Now, you may not be ready to answer that and you may want to answer of at the mext Commission meeting. Ms. Cooper: Mr. Mayor, what I was trying to say before. Rich Weisberg, I had a conversation with him this morning about this? He is the Chief Zoning Inspector. He is in charge of Enforcement and interpretation of the Code, and I was merely going to suggest that since he had the responsibility of this question, that he be present when this matter is discussed. Mayor Ferre: Well, I don't think there is any discussion since we can't conclude it in any way until the City Attorney gives us a ruling. Ms. Cooper: Okay, but when it is discussed, I think it is important that he be notified and be able to participate. Mayor Ferre: Mr. Manager, and Mr. City Attorney, would you have this matter before us at the 18th, which I guess is the zoning meeting and put it on the agenda at 9:00 A.M. Please notify Mr. Morley that it will be discussed at that time. He ought to make an official request in whatever legal way it is and then if there is a legal way of doing it, we will discuss it. If there is no legal way of doing it, then there is nothing to discuss. Id 25 10/27/83 0 0 Mr. Gary: Right. He may not have to come... Mayor Ferre: Okay, and we will so inform Mr. Morley that there is no legal way we can do it. Mr. Plummer: We can always do a Four Ambassadors, which was done before. Mayor Ferre: What is a Four Ambassadors? Mr. Plummer: Changed zoning! Mayor Ferre: No, no. That is one thing - I told Mr. Morley I would want to help him as much as I can, but I certainly not going to get involved in any of change of zoning in the area to permit any kind of office space in that residential portion of Brickell Avenue. Ms.Cooper: And please understand, Mr. Mayor, that Save Brickell Avenue and I myself individually, heartily commend Mr. Morley for all the good work he has done in the past and for this particular effort. It is very worth while. We see that there is a problem with the zoning and we will work with the City Attorney's office to resolve it. Thank you. --------------------------------------------------------- 8. DISCUSSION ITEM - REQUEST FOR $11000 FROM FLORIDA INTERNATIONAL UNIVERSITY IN CONNECTION WITH CATHOLIC COMMUNITY CENTER. (NOTE: The request at this point was denied, but was later granted. See this item later same meeting) ---------------------------------------------------------- Mayor Ferre: We have a request here. Mr. Plummer, I think this may be of interest to you - Catholic Community Services, Central Office. There is a request by Monsignor Walsh for the Catholic Community Services, for he is the guy that represents the Catholic Conference in Central. They are asking the Southeast Regional Conference of Immigration and Refugee Issues. It is being cosponsored by F.I.U. and the National Immigration Refugees and Citizens Forum, and the Catholic Community Services of Miami. The conference is meant to promote collaboration among diverse groups of the local level and the exchange of information between academic and service agencies community groups. We think that this conference can contribute greatly to encourage Federal policy that is responsive to local realities and needs. They would like an out of pocket expense not to exceed $5,000. this is not to include the contributions in kind of the sponsors. Since however, this conference is of such significance for the citzens of the City of Miami, we are asking contribution of $1,000 out of the $5,000 toward meeting these expenses. All right, you represent the conference, sir? Mr. Mark Rosenberg: Yes, I am Mark Rosenberg from Florida International University, representing Monsignor Walsh and the Catholic Community Services, Greater Miami United, Cuban National Planning Council. We have over a period of six months put together what we feel is a very important conference for the South Florida Region, Miami in particular, which is a working conference designed to address the issues which this community confronts concerning immigration and refugees, and we request from the Miami City Commission $1,000 to help us to support our expenses. Mayor Ferre: Is there anybody else going to contribute to that $5,000 besides us. ld 26 10/27/83 11 a Mr. Rosenberg: contributions. Mayor Ferre: Who? Absolutely. There have already been Mr. Rosenberg: Florida International University has contributed $4,000. National Immigration and Refugee and Citizenship Forum is contributing already $3,000 and will have another $5,000 into this. Mayor Ferre: Is the Cuban National Planning Council involved in this? Mr. Rosenberg: Yes, they are. Mr. Diaz has been involved in the planning and.. Mayor Ferre: That is Mr. Guarione Diaz. Mr. Rosenberg: Mr. Diaz has been involved in the planning and there are a number of members in the Cuban National Planning Council on the program. Mayor Ferre: Okay, so this deals with refugee problems, entrants, INS, laws, Mariel, Haitians. Mr. Rosenberg: That is correct and the advantage of this conference - it is a working conference, Mr. Mayor in the sense that we have invited and are inviting policy makers, community leaders, to get together and address the issues. Mayor Ferre: Mr. Rosenberg, and please do not misunderstand. I am supportive, and if somebody makes the motion I am going to vote for it, because I think if there is anything we need here, is a lot more talk and discussion on our terrible refugee problems that I don't think this country, this State or this community is confronted and we need to deal with that and have some definitive laws so that we can get control of our borders again, so I don't have any problems with that, however, I just want to tell you, the reason I asked you whether the Cuban National Conference is involved is because, as you know, out there at F.I.U., there have been several films that have been made, you know, that are extremely controversial in the sense that they only represent one side of the issue and I want to make sure that this is not one of these occasions where only one side is the issue is going to be represented. Mr. Rosenberg: Well, let me point out, Mr. Mayor, that not only is the Cuban National Planning Council, but members of the Haitian Community, the Black Community, has been intimately involved in the planning for this. Mayor Ferre: All right, Mr. Manager, do you want to make a statement into the record? Mr. Gary: Yes, I would probably like to convey to Mr. Walsh that we gave all the money to police and we don't have any money for this type of purpose. Mr. Plummer: At the request of his boss. Mr. Gary: At the request of his boss. I would like to, just for the record... Mayor Ferre: I don't think it has anything personal to do with Monsignor Walsh, or Archbishop McCarthy. It is an issue, and the issue is that these people are gathering to talk about a subject that needs discussion. The City of Miami is greatly affected by it, and I think this is a legitimate request. This is my personal opinion. ld 27 10/27/83 0 Mr. Gary: One last point. That $1,000,000 of Federal Revenue Sharing money, and I have $3,0009000 of requests. Mayor Ferre: All right, does anybody want to do anything on this? I will move that this request be granted to F.I.U. for this purpose. Mr. Plummer: There is a motion made to grant the request as asked, for $1,000 to F.I.U. Is there a second? Mr. Perez: Second. Mr. Plummer: The motion is now seconded. Any discussion? Hearing none, call the roll. MOTION DEFEATED. The aforementioned motion pertaining to a donation of $1,000 was defeated by the following vote: AYES: Commissioner Demetrio Perez Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer Jr. ABSENT: Commissioner Joe Carollo Mr. Gary: One last point. That $1,000,000 of Federal Revenue Sharing money, and I have $3,000,000 of requests. Mayor Ferre: All right, does anybody want to do anything on this? I will move that this request be granted to F.I.U. for this purpose. Mr. Plummer: There is a motion made to grant the request as asked, for $1,000 to F.I.U. Is there a second? Mr. Perez: Second. Mr. Plummer: The motion is now seconded. Any discussion? Hearing none, call the roll. MOTION DEFEATED. The aforementioned motion pertaining to a donation of $1,000 was defeated by the following vote: AYES: Commissioner Demetrio Perez Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer Jr. ABSENT: Commissioner Joe Carollo Mr. Plummer: Sir, your request is denied. The vote is two to two and constitutes a denial. -------------------------------------------------- ------ 9. PERSONAL APPEARANCE - DON TEEMS REGARDING INSURANCE COVERAGE OF CONTAGIOUS DISEASES POSSIBLY CONTACTED BY FIREMEN IN THE LINE OF DUTY: EXECUTIVE SESSION TO BE HELD NOVEMBER 3RD TO DISCUSS THIS MATTER. ld 28 10/27/83 Mayor Ferre: The next item here is Don Teems. Mr. Teems? This is a resolution in reference to an agreement between the City Fire and Police Unions regarding contagious diseases. All right, tell me why this has to be taken up at this time, Mr. Teems? Mr. Donald Teems: The reason it is being taken up at this time, Mr. Mayor, is that we have requested through the Administration to cover Fire Fighters and Police Officers for contagious diseases that they might contact in the community in the line of their work. Mayor Ferre: This is...let me read it: tuberculosis, hepatitis, meningitis, AIDS, leprosy, . mononucleosis, cholera, malaria, rabies, plagues, smallpox, yellow fever, scarlet fever, pneumonia, diphtheria, and other epidemic and contagious diseases other than common colds. Mr. Teems: Those were taken from the Dade Health Department, sir, and that is... Mayor Ferre: And what you are saying is," that any condition or impairment of health of a City Police Officer or Fire Fighter caused by acquired immunity Deficiency Syndrome, tuberculosis, hepatitis and so on...resulting in a need for medical treatment, or total or partial disability, or death, shall be presumed to have been accidental and that has been suffered in the line of duty, unless the contrary be shown by competent evidence." In other words, what you are doing, you are putting the burden on the City to prove that if somebody got hepatitis, or cholera, or scarlet fever, that we have to prove that it was not in the line of duty, rather than the reverse. Mr. Teems: Yes, sir. The history - the past two directors of... Mayor Ferre: How many people, by the way, died or have gotten any of these diseases in the last year, five years, ten years? Mr. Teems: This year, six Fire Fighters that I know of. Mayor Ferre: Died? Mr. Teems: No, no. They have caught hepatitis, or mono. Mr. Mayor, the past history with the City, dealing with Police and Fire Fighters on this issue, there was no written policy. The past two directors of Risk Management, Mr. Litvak and Miss Spano took the position - just this, that if the Fire Fighters, Police Officers contacted a contagious disease... Mayor Ferre: They recommended this. Mr. Teems: They did this. They would presume it was.caused in the line of duty unless they could otherwise prove it different, and this new director apparently doesn't see it that way, and that is why we are here. Mayor Ferre: All right, Mr. Teems, is this part of the bargaining process, or is this something separate from it? Mr. Teems: Well, it could be that they would talk to us about it, but they haven't seen fit to talk to us about it. Mayor Ferre: Mr. Manager? ld 29 10/27/83 Mr. Gary: Mr. Mayor, in all due respects to Mr. Teems, this issue is now being discussed in the bargaining table. Current laws and procedures do not include a provision for these types of items to be discussed before the Commission. I think it is a way of not negotiating in a proper manner, and I would suggest that Mr. Teems go back to the bargaining table to discuss this item. Mr. Dawkins: Mr. Gary, didn't Mr. Teems say that he has been attempting to bargain and no one wants to bargain with him? Mr. Gary: Commissioner, that is not correct. Mr. Dawkins: Well, if it is not true, then tell him he is lying, or I mean, tell me something! Mr. Gary: I don't want to get that base, but that is not true. You know, we have been attempting to bargain and negotiate with all of our unions. We will continue to do so. We have had a number of meetings that they have decided not to participate in. I think, you know... Mr. Dawkins: I'm sorry, go ahead, Mr. Gary. Mr. Gary: We recognize the needs of the Unions. We also recognize the needs of the citizens and we think that to reach a balance that is equitable to the Unions and to the citizens of Miami that we have fair negotiations and that you give us the equal opportunity to negotiate a reasonable settlement, just as you give them the right to do so. To now try to negotiate here, you are putting us at a disadvantage in terms of the give and take process, which is required in any negotiations, whether it is Union or not. Mr. Dawkins: But, you see Mr. Gary, I buy that. But, when it gets to the place where people come and I won't even know this, and your people dictate to them what they have got or not got to do, I don't blame them. I wouldn't negotiate either. Mr. Gary: Well, I disagree... Mr. Dawkins: No, no, hold on. until I have finished. Mr. Gary: I will wait. I listened to you, now wait Mr. Dawkins: Okay, see now this Gentlemen says that they came to negotiate. You say they come and then they don't come. Nol When you give them something that they can't live with, what are they going to come for? Mr. Gary: Well, Commissioner Dawkins, just as they have laws with regard to how we are to respond to them, there are also laws in terms of how they respond to us. There are procedures for settling all types of disputes. There is a process that should be followed. They would know them better than I would ever know them. They know them just as well as our Labor Relations guy, and I would suggest that they go through that process instead of trying to come in the back door. Mayor Ferre: All right, let me ask a question now. Mr. Rodak, Mr. Teems. I was told by you that yesterday you were going to make a proposal to the Administration. I, this morning asked whether this proposal was submitted yesterday and they said "No, it has not been submitted". Now, I am ready to call an Executive Session to hear what that proposal is, but it has to be submitted to the Id 30 10/27/83 Administration. When are you going to submit it to the Administration? Mr. Teems: The proposal you are referring to - I was supposed to have a negotiation session yesterday morning. I was in a meeting with Mr. Dawkins and I got called - said that Mr. Mielke wanted me to come down. We were late...I was late, and I requested that he just hold it just about five or ten more minutes and that I would be there, and he refused to do that. Now, granted, he didn't know I was with Mr. Dawkins, I guess. Mayor Ferre: Well, my problem is this, that I am willing to call an executive session, but I you need to submit the proposal! Otherwise, what is the Administration going to... Mr. Teems: Mayor, that is one issue. This issue was brought to the Administration prior to the advent of negotiations in April - prior to April 1 of 1983. We got no response out of them. I went to your office and asked for help from the Commission because I was getting no response from the change in the past practice. Your office got me in touch with the Administration and we sat down and discussed it, and they gave me a written letter back saying that "No, we are not going to do that". That is where we are here. Mayor Ferre: All right. Mr. Teems: Now, since then, I did submit a contagious disease article with the contract negotiation that the City has not responded to since April 1. Now, the Police don't have it in their contract at all, and it is not even a proposal. Mr. Plummer: Well, very simply, Mr. Mielke, do you have a copy of the proposal? Mr. Dean Mielke: I don't have it in my hands. Mr. Plummer: Have you received it? Mr. Mielke: No, sir. As a latter of fact, I am glad you asked me that, because at the last meeting that I had with these gentlemen, I told Mr. Teems that if he would indicate to us what types of diseases he was talking about, we would look at it. Mayor Ferre: Mr. Mielke, I will, on behalf of Mr. Teems, give it to you. Mr. Mielke: Well, I would like to say for the record, Mr. Plummer, that I never got it. He told me he had given it to the Mayor's office. I contacted the Mayor's office and now they say that they have a lot of papers and they just couldn't find it. I am still waiting for it. Mayor Ferre: Let the record reflect that you have it now. Mr. Plummer: Mr. Mayor, you are going to call an Executive Session. Mayor Ferre: Once they have submitted a proposal and Mr. Teems and the Manager have analyzed it and are ready to discuss the matter with us... Mr. Plummer:• Mr. Teems, do you agree, sir, that it should be discussed first at an Executive Session? Mr. Teems: Mr. Plummer, I don't care where it is discussed, as long as we straighten out the problem. 1d 31 10/27/83 Mr. Plummer: I think that is the proper forum and I think it will be taken and judged with accordingly at that time. Mayor Ferre: Mr. Teems, when are you going to submit, or Mr. Rodak, your proposal for the contract, so that I can call an Executive Session? Mr. Teems: Well, let me ... I can submit a proposal tomorrow to that, okay, or today - this afternoon, I could do that. Mayor Ferre: That is your decision. Just let me know when you are going to do it, and then I will ask the Manager how long he needs to look at it so I can decide right now with this majority of the members of the Commission what day we are going to call the session. Mr. Plummer: Once they have got it, then they will notify US. Mr. Teems: I can get it done this afternoon, or tomorrow. Tomorrow. Mayor Ferre: Tomorrow. All right, Mr. ... Mr. Teems: Mr. Mayor, you are getting duped a little bit, okay? There are proposal back and forth and back and forth - there have been half a dozen proposals submitted back and forth. They have our last offer. We got an offer from them yesterday when Mr. Mielke left the room, he gave us an offer. Mayor Ferre: The problem is that next week is a busy week for some of us on this Commission and I need to tell you that, you know, it makes it very difficult for me to call an Executive Session. See, you were supposed to do this yesterday. It didn't occur. Today, they would ... I could have asked them if they were ready so I could have ... you know, what do you want me to do? ... because you know I am willing to call an Executive Session, but... Mr. Teems: They have received a proposal from us. Mayor Ferre: There are no changes in the proposal? Mr. Teems: Friday, yes, we changed essentially the proposal. Yes, we have changed it. Mayor Ferre: Okay, my question to you now. I have a copy because you gave it to me. Do you want me to give it to them? Mr. Teems: Fine! Mayor Ferre: I mean, is that... Mr. Teems: That is all right too, I don't care. Mayor Ferre: Yes, but I do care, see? ... and so do you! Mr. Teems: All right then, let's just put it this way.... Mayor Ferre: I don't want ... I don't mind being a messenger... Mr. Teems: .... you see, that is what I am saying, Mr. Mayor. I can give them the proposal this afternoon, because the only big change in our proposal is the pension. Mayor Ferre: All right, Mr. Manager, and members of the Commission, is there any reason why we cannot have on ld 32 10/27/83 Thursday, the 3rd of November in the morning in Executive Session for one hour? J. L., do you have a problem with that? (INAUDIBLE BACKGROUND COMMENTS NOT PLACE INTO THE PUBLIC RECORD) Mayor Ferre: All right, unless I hear otherwise from Commissioner Carollo or Commissioner Plummer, at 9:00 o'clock on Thursday, a week from today, we will have an Executive Session so that the Manager can explain to us where we are in the Labor negotiation process. Mr. Gary: We will schedule it for that time. Mayor Ferre: Okay? Further discussion? Mr. Teems: Yes, let me say one more thing, Mr. Mayor. As far as Police and Fire Fighters are concerned, the contract is one thing and you are absolutely right, but if we are not going to be covered with a contagious disease we run into in that street, don't ask us to go into the street to handle the problem. And that is a statement, okay? Mayor Ferre: I understand. We will be discussing this item and the others on Thursday. Any other discussion? --------- ---------------------------------- -------------- 10. AUTHORIZE CITY MANAGER TO CONTINUE ONE MONTH'S MORE FUNDING FOR COCONUT GROVE CARES BOXING PROGRAM AT THE ELIZABETH VIRRICK GYM. Mayor Ferre: All right now, Elizabeth Virrick said that she ... is she still around, or did she have to leave? Mr. Gary: She had to leave, Mr. Mayor, but I have a memo before you that basically says to continue that for one more month until we can have a formal hearing. Mayor Ferre: Is there a motion? Plummer moves, Perez seconds that the boxing program be continued for one more month. Further discussion? This is Coconut Grove cares. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-995 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE SUFFICIENT FUNDS AVAILABLE TO CONTINUE THE COCONUT GROVE CARE BOXING PROGRAM HELD AT THE ELIZABETH VIRRICK GYM FOR ONE ADDITIONAL MONTH. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins "ABSENT: Commissioner Joe Carollo. ld 33 10/27/83 ON ROLL CALL: Mr. Plummer: In the interest of Mr. Gary picking on that little old lady, I vote "yes". Mr. Dawkins: "No", for the reason that I have stated before. The Coconut Grove Care has a sloppy bookkeeping session, and everytime they cannot get the books straight and I continually' tell them that I am not going to vote for this as long as they don't have a proper accounting procedure, I will vote "no". 11. BRIEF DISCUSSION ITEM - REGARDING THE 3:30 P.M. APPEARANCE OF TED GOULD TO BE HEARD AT 3:30 P.M. THIS DATE. Mr. Gary: Mr. Mayor, just to get some paperwork out of the way. Mr. Gould would like to know if he could be heard at 3:30 P.M. on Item Number 50. Mr. Plummer: What time is he scheduled? Mr. Gary: We don't know. It is Item 50. It is around that time. Mr. Garcia -Pedrosa: No specific time. Mr. Gary: I think in all fairness... Mr. Plummer: Do the rest of these people sitting here have the right to make an appointment with this Commission as to when they want to be heard? Mr. Gary: Well, I am not a defender of Mr. Gould, but Mr. Gould is having some very, very complex problems on his project... Mr. Plummer: It is called "self-created". Mayor Ferre: Well, J. L., look... Mr. Gary: No... Mayor Ferre: You know, I don't think Mr. Gould should have any special privileges, and I understand that. On the other hand, continually this Commission takes things out of turn because people have emergencies of nature. They have to catch airplanes. I have three of them that are up here right now. Mr. Plummer: Mr. Mayor, I have not heard any part of that request of Mr. Gould indicating that he has an emergency, sir. Mr. Gary: He has an emergency... Mayor Ferre: I want you to know that he has an emergency in losing the property, that what his emergency ist Mr. Gary: He has got a lot of them. Mr. Plummer: That his problem, Mr. Mayor. Now, what is the emergency before this Commission? Mayor Ferre: As several members of the banking community told me last night, including the Chairman of the Board of the largest bank, if thast prsoperty goes under, it is going to be a tremendous problem for this community. It will be Id 34 10/27/83 0 0 front page in the Wall Street Journal. It will be a major article in Business Week. It will be a tremendous blow to the welfare of the construction industry, of the developing industry, of the downtown building industry, and I want to tell you that Mr. Gould's problem is not only Mr. Gould's problem, it is the City of Miami's problem and it is a serious problem! Mr. Plummer: Mr. Mayor - whoa! Let me tell you something. Mayor Ferre: J. L. ... Mr. Plummer: I don't mind helping a person in the spirit of cooperation. Mr. Gould's problems, in my estimation, were created by Mr. Gould. Now, I hope Mr. Gould is not going to stand before this Commission like Mr. Robbie, and he is going to stand here and tell us what this Commission is going to do. Mayor Ferre: Unfortunately, J. L., Mr. Gould has a similar type of disposition as Mr. Robbie does, and I understand your problem with that, and I agree with you. However, my concern is not Mr. Gould. My concern is the City of Miami. Mr. Plummer: Mr. Mayor, I am not going to bail him, or anyone else out when they have 54% over -runs. I had nothing to do with that! Mayor Ferre: J. L., if you will permit me to finish my statement. Mr. Plummer; I will be glad to, sir. Mayor Ferre: As much as I sympathize with you, the Charter gives the Chair the perogative of making these types of decisions. Mr. Plummer: Unless overruled by three votes of this Commission. Mayor Ferre: Unless overruled by three votes, and I am telling you that I am going to ask the Manager's advice on this. I have personally, no objections to hearing Mr. Gould at that time. Mr. Gary: Mr. Mayor... Mayor Ferre: Mr. Manager, are you telling me that we shouldn't? Mr. Gary: I recommend it because he is in the process of working out his permanent financing with banks. He wants to stop to come and do this, and besides that, Mr. Mayor, we have other people that have to stop their busy schedules namely on our behalf. A Southeast Bank attorney would have to come down here to make sure their interest is protected. Mayor Ferre: All right, based on that, the Chair rules that we shall hear this item - what Item number is it? Mr. Gary: Item 50. Mayor Ferre: At 3:30 P.M. Now, we also have some other... Mr. Plummer: Excuse me, Mr. Mayor. It is the rule and I understand from the City Attorney that it takes three affirmative votes to change an Agenda. Mr. City Attorney, will you speak to the issue? Mayor Ferre: No, no, this is the first... ld 35 10/27/83 Mr. Plummer: I am asking for a ruling! Mayor Ferre: I will ask for a ruling! Mr. Vice -Mayor, I want you to know that in the 14 years that I have served on the City of Miami Commission, I have never heard of any such thing. The Chair always has the prerogative, unless ruled otherwise by three members of the Commission. Is the City Attorney telling me that for 14 years we have been doing it wrong? Mr. Plummer: No, he is telling you in 14 years you have never been challenged! Mr. City Attorney? Mayor Ferre: Are you telling me that the Chair cannot rearrange the schedule of things without three votes? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Hey, J. L., come on. Mr. Plummer: This ruling comes right behind political signs. Mayor Ferre: Can we move along now? You are asking for a ruling thast is fair. City Attorney, rule on the item, and let's go. Mr. Plummer: Mr. Mayor, look, I have no problem. I want to tell you. You know I will deal with this matter anytime it comes before this Commission. I have yet to hear the nature of the emergency. Mayor Ferre: I don't know it either. (INAUDIBLE BACKGROUND COMMENTS) NOTE FOR THE RECORD: Agenda Items 22, 23, 24 and 37 are continued to November 18th. 12. GRANT EXTENSION OF TIME OF VARIANCE 1 07-09-11 S.W. 22ND STREET - WCMQ RADIO STATION. Mr. Plummer: I move that Agenda Item 45 be granted. Mr. Perez: I second. Mayor Ferre: Is this a controversial item? Mr. Plummer: It is to be deferred, Maurice. Mayor Ferre: Oh, you want a deferral? is that what you are saying? Unidentified Speaker: No, it is not a deferral. It is just a continuation. Mr. Plummer: Oh, I am sorry. Id 36 10/27/83 Mayor Ferre: This is an extension of time for variance granted that an elevator shaft and elevator lobby addition to the existing building as per plans on file. There is a 0.0 setback on a shaft lobby where 10 feet are required. Unident. Speaker: You have already granted a variance. The Planning Department recommends it, the Zoning Board granted it 5-0. Plummer moves, is there a second? Mr. Dawkins: On mine it says the Planning Board recommends denial. Mr. Plummer: What? Not on mine! Mr. Dawkins: On 45? Mr. Plummer: It says the Planning Department recommends approval. The Zoning Board granted 5-0. Mayor Ferre: Approval of extension. I think what the Commission is pointing out is that there happens ... it looks like in the backup sheet, the opposite is stated, so would you clarify which one is correct? Which one do you mean? Mr. Whipple: Mr. Mayor, when this item came before the Zoning Board, we did recommend denial of it, but as is our policy, once that decision has been made, we usually do not object to the extension of time, but we were instructed previously thatonce we are opposed to an item, or did oppose it originally, that we should note that in our memo as to agreeing with the extension. Mayor Ferre: Let me tell you what happens with that. Now, that goes down on the record as a Planning Department recommendation of denial, and three years from now, the Miami Herald will send three investigative reporters to tally up how many Planning Department denials the City of Miami has overruled. Mr. Plummer: Yes, but that is good! It keeps them busy. Mayor Ferre: If you will please forgive me, this is part of the B. S. that goes on around here, where you are, but you are not. See, technically you are saying that we shouldn't grant this, but then on the other hand, you kind of ... you know... you wink a little bit and you say "It is okay, fellows" and we are, but we aren't, you know? Come on!!! Mr. Whipple: Mr. Mayor, the decision has been made as to the... Mr. Plummer: Excuse me, Mr. Whipple. Mr. Clerk, for the record, the Mayor refering to B.S., refers to "better stuff". (LAUGHTER) Mr. Dawkins: Call the roll, Mr. Mayor. Mayor Ferre: All right call the roll, but who seconded it? Mr. Ongie: Mr. Perez. Mayor Ferre: Mr. Perez, right. Call the roll. Further discussion on 45? ld 37 10/27/83 r k 0( The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-996 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6841, ARTICLE XIV, SECTION 4(B) TO PERMIT AN ELEVATOR SHAFT AND ELEVATOR LOBBY ADDITION TO THE EXISTING BUILDING ON LOT 2, CORAL WAY GARDENS (48-85), ALSO DESCRIBED AS 1407-09-11 SOUTHWEST 22ND STREET, AS PER PLANS ON FILE, WITH 0.0' SETBACK AT THE SAFT/LOBBY LOCATION (10' REQUIRED); ZONED C-2 (COMMUNITY COMMERCIAL). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, jr. Mayor Maurice A. Ferr. NOES: NONE ABSENT: Commissioner Joe Carollo 13. CONTINUE CONcInF.RATION OF APPEAL OF CONDITIONAL USE TO PER14IT rnNG^RUC'IOn Oc' NEW GAS STATION (AMOCO OIL COMPANY) Mayor Ferre: Commissioner Perez moves. Miller Dawkins seconds that Item 44 be continued providing however, that Mr. Rabinowitz be properly notified as to when the matter comes up before this Commission. It be continued because the applicant's wife underwent open heart surgery. Further discussion? Mr. Garcia -Pedrosa: Can we do it to a date certain, Mr. Mayor, so we don't have to readvertise? Mayor Ferre: Date certain would be, I would imagine, the November 18th meeting, which is the next zoning hearing. Are there any objectors? If not call the roll, please. The following motion was introducted by Commissioner Perez, who moved its adoption: MOTION NO. 83-997 A MOTION TO CONTINUE CONSIDERATION OF APPRAT, nR rr)VDITIONAL USE GRANTED SUBJECT CO CONDITIONS TO PERMIT CONSTRUCTION OF GAS STATION (AMOCO OIL COMPANY) TO THE MEETING OF NOVEMBER 18, 1Qu3. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- ld M 10/27/83 A 9 AYES: Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None. Miller J. Dawkins Demetrio Perez, Jr. L. Plummer, Jr. A. Ferre ABSENT: Commissioner Joe Carollo 14. DISCUSSION AND DEFERRAL OF CONSIDERATION OF STREET CLOSURE ALLEY BOUNDED BY NW 19TH STREET, NW 14 AVENUE AND WAGNER CREEK. ------------------------------------------------------------ Mayor Ferre: Take up Item Number 42. This is Julius Darsky's application, alley bound by N. W. 19th Street, 14th Avenue and Wagner Creek. The Planning Department recommends approval - proponents present at the meeting, three. Are there any opponents present on this? Is there anybody who is opposed to this matter? All right, for the record, sir, your name into the record, and your request. Mr. Stewart Altman: For the record, my name is Stewart Altman. I am an attorney with Fowler White Law Firm. I am the attorney and the attorney in fact on the file documents for the petitioner and property owner Julius Darsky. Mayor Ferre: All right, from the Department? Mr. Whipple: The Department recommends approval of this alley enclosure. The ultimate use of this site is for elderly housing. Mayor Ferre: Is this section eight housine? Mr. Whipple: Maybe Mr. Altman could answer that. Mayor Ferre: In other words, is it a private - is for profit, or is this for... Mr. Altman: For profit. Mayor Ferre: It is for profit. Now, usually when we are requested to close alleys voluntarily, the owners proffer to the City something of value that is not necessarily - you know it has to be voluntary, so we can force you to do..usually, it is beautification in the general area, trees, planting of trees. You know, Plummer has this thing for black olives. I personally don't like black olive trees. Mr. Plummer: Mr. Mayor, please for the record, make it clear, only because there are no white olives. I don't want Gary on my case. Mayor Ferre: Black olive trees drop all kinds of leaves and dirty everything. I think we can do better than black olives, but I don't mind...but, you know, what you are doing is, you are getting a tremendous advantage vour client ig getting, because by the closing of that alley, you are able to use that property in a unified way and therefore... Mr. Plummer: Also, I think it should be noted, sir, a tree is planted in your memory, and you can always look at the ld 39 10/27/83 olive trees and see what a great thing - commitment you made to this city. Mayor Ferre: Mr. Darsky is an old hand at that. He knows how to plant trees. Mr. Altman: Mr. Darsky has planted a lot of trees. Mayor Ferre: Yes, that is right. Mr. Plummer: Did you volunteer some this morning, sir? Mr. Altman: I am not personally in a position to volunteer trees. Mr. Plummer: Fine, this motion is deferred until Mr. Darsky has the right to consult with his people. Mayor Ferre: We are deferring it so that you can give this further consideration as to how you would like to beautify the area. You understand this is voluntary on your part? Mr. Altman: I understand. Are you deferring it to another agenda? Mr. Plummer: No, we will do it this afternoon if you can come back with an answer. Mr. Altman: Unfortunately, I can't come back with an answer. Mayor Ferre: He ihas got to catch a plane. We will do it on the 19th. All right, Plummer moves that this item be deferred until the 18th, I stand corrected. Perez seconds. Further discussion? Mr. Plummer: In Japan you might find some very beautiful treest Mayor Ferre: Call the roll. Mr. Altman: We will bring back some bonsais maybe for you. THEREUPON, ON MOTION DULY MADE by Commissioner Plummer and seconded by Commissioner Perez, the City Commission deferred consideration of the above matter to November 18, 1983 by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Miller J.Dawkins Commissioner Joe Carollo Mayor Ferre: Would you have your client, or the architect, or whoever the person is designing this meet with the Department to see what might best suit the neighborhood, that you might want to proffer. You realize that by our closing that alley, it gives the property owners on both sides a tremendous advantage for development purposes. We get no money for that, which -is fine, we understand. But we like for the neighborhood to be improved as a token of good will on the part of the developer, especially if it is a for profit organization. I am sure that it is in the best interest of the neighborhood where this building will be built for senior citzens, that the area be improved. So we ld 40 10/27/83 f r will se you on the 18th. Have a safe and pleasant journey to Japan. Mr. Plummer: Mr. Whipple, you might also figure out the square footage and what the going rate of the square footage is in that neighborhood for us so we will have somewhat of an idea as to the... 15. ACCEPT BID - ONE REMOTE CONTROL MOBILE INVESTIGATION UNIT FOR THE DEPARTMENT OF POLICE. ------------------------------------------------------------ Mr. Plummer: Mr. Mayor, for some reason, I am not saying it was overlooked, there is a matter before this Commission which has tentatively been talked about, and that is the purchase of the City of Miami of a remote control mobile investigation unit of $20,620. You have a copy of it before you. I would like to make the motion that this be approved. Mayor Ferre: All right, there is a motion. But, before, would you tell me what are remote - is that one of those eavesdropping things? Mr. Plummer: No, sir. That is the thing that goes in and picks up the bomb and puts it in the bomb container. Mayor Ferre: Oh, okay. Mr. Plummer: And I have a request that if you don't approve this, Mr. Mayor, they will call you until you do make approval. Mayor Ferre: This has nothing to do with any editorials in newspapers about terrorism, does it? Mr. Plummer: This is small bombs, Mr. Mayor, not large ones! Mayor Ferre: All right, is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? All right, call the roll on the request by the Police Chief. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-998 A RESOLUTION ACCEPTING THE BID OF PEDSCO, LTD, FOR FURNISHING ONE (1) REMOTE CONTROLLED MOBILE INVESTIGATION UNIT TO THE DEPARTMENT OF POLICE AT A TOTAL COST OF $20,620.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ld 41 10/27/83 % Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Mr. Plummer: Mr. Mayor, for the record, that is resolution and award of bid Number 82-83-93 (robot). 16. APPROVE IN PRINCIPLE A REQUEST FOR $1,000 BY THE CUBAN MUNICIPALITIES IN EXILE IN CONNECTION WITH A FESTIVAL TO BE HELD AT ROBERT KING HIGH PARK. ------------------------------------------------------------- Mayor Ferre: Yes, sir? Mr. Perez: Yes, we have, Mr. Mayor, some people from the Cuban Municipalities because Desiderio Perdomo and Rolando Fernandez and Raul Suarez... Mayor Ferre: Go ahead. Mr. Perez: Desiderio Perdomo, where is he? Mayor Ferre: You have the right to bring up a pocket item. Mr. Perez: Okay, mention what you want. Mayor Ferre: The Chair recognizes you. Go ahead, quickly. Mr. Perez: Okay, they have a letter here about a festival that they are going to celebrate this Sunday at the Robert King High Park and they are requesting $3,000. That is the Festival of the Municipalities of Pinar del Rio. I would like to move to grant $1,000. Mayor Ferre: All right, there is a motion that $1,000 be granted. Is there a second? for the Pinar del Rio...? Mr. Plummer: Mr. Mayor, I want to make a substitute motion. Mayor Ferre: Wait a minute. Dawkins seconds. Now make your substitute. Mr. Plummer: I make a substitute motion, Mr. Mayor, that this matter be resolved at the next meeting for ratification. Mayor Ferre: All right, J. L., their festival, I think is this weekend! (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: What does that mean? Mr. Plummer: That means we will approve it at the next meeting. Mayor Ferre: Well, what is the difference? Do it that way? Id 42 10/27/83 r C 01 All right, there is a substitute motion that this be ratified at the next Commission meeting. Is that what you are saying? Is that what your substitute motion is? Mr. Plummer: Yes. Mayor Ferre: Dawkins seconds that. Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. 83-999 A MOTION APPROVING IN PRINCIPLE A REQUEST FOR $19000 MADE BY REPRESENTATIVES OF THE CUBAN MUNICIPALAITIES IN EXILE; SUCH REQUEST TO BE RATIFIED AT THE NEXT CITY COMMISSION MEETING. THIS REQUEST IS IN CONNECTION WITH A FESTIVAL TO BE HELD AT ROBERT KING HIGH PARK. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo 17. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO ONE DAY'S RENTAL FOR THE USE OF THE MANUEL ARTIME COMMUNITY CENTER BY REPRESENTATIVES OF THE CUBAN MUNICIPALITIES IN EXILE. ------------------------------------------------------------ Mr. Perez: The other - Mr. Raul Suarez, they are going to celebrate, I think on Saturday, a meeting at the Little Havana Community Center and what they want is the room free of charge. It is equal to $200. Mayor Ferre: For what? Mr. Perez: For the Cuban Municipalities. Mayor Ferre: Oh, I see. The Cuban Municipalities want a waiver of the fee in the Cuban Community Center for a couple hundred dollars. Mr. Plummer: That is no problem. Mayor Ferre: Plummer moves, Perez seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1000 ld 43 10/27/83 r lk 01 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT EQUAL TO ONE DAY'S RENTAL ($200) FOR THE USE OF THE LITTLE HAVANA COMMUNITY CENTER BY REPRESENTATIVES OF THE CUBAN MUNICIPALITIES IN EXILE. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: None. 18. PUBLIC HEARING - LONG DISCUSSION AND DEFERRAL OF CONSIDERATION OF AN APPEAL OF A VARIANCE GRANTED CONCERNING LOT WIDTH AT APPROXIMATELY 3639 N.E. MIAMI PLACE. ------------------------------------------------------------ Mayor Ferre: Does anybody have any objections to Item 43 and 48 being taken out of order, so that the doctor can get back to his doctoring? Mr. Plummer: Move Item 43. Both items are for... excuse me, are you here in opposition? Mrs. Gloria Grant: We aren't in opposition. We are the applicants. They are the opposition. Mr. Plummer: Oh, you are the opposition. You are opposed? Mayor Ferre: This is the third time we have heard this. Mr. Plummer: Oh, wait a minute. I withdraw my motion. Unidentified Speaker: This is an appeal from a variance. That is right. Mayor Ferre: This is Russ Costanzo's appeal on the question... Mr. Plummer: Oh, my God, this is that 36th Street.. Undentified Speaker: Yes, the 10 foot alley and the... Mayor Ferre: I thought this thing had gone away a long time ago, but this is the third time we have heard this! Why is it we didn't come to a decision last time - because I wanted to go look at the alley myself, is that right? And I went out there and looked at the alley, and I am as confused now as I was then. Mr. George Campbell: Mr. Mayor, if I may ... George Campbell representing the Department of Public Works. Last time there was some question on the alley on what was going on. Mr. Plummer asked for the continuation of the item, as I remember. Since that time, I submitted, or the Department submitted a memorandum to the Manager (I believe it is in your file) concerning this item and the reasons and the explanation for the alley, which is required, of course, by the code. ld 44 10/27/83 4 f Mr. Plummer: Thank you for telling us nothing. Mayor Ferre: All right, now we listen first not to the Applicant, but to the Appellent, is that right? Unidentified Speaker: That is right, sir. Mayor Ferre: Legally, we need to listen to the Appellant. Mr. Plummer: Mr. Mayor, let me, for the edification of all people that are sitting here thast this Commission does have an obligation at noon, and we will have to walk out of here at noon, so I am just putting on the record that if any of you are two or three items down the agenda, you might as well go home and come back later - that we do have a dedication at 12:00 noon, which we must keep our commitment. Mayor Ferre: All right, let's go. Mr. Sarino Costanzo: My name is S. R. Costanzo, 330 Biscayne Boulevard, Attorney at Law, representing Eugene Prinz, and representing myself as a property owner. First of all, I would like to ask of the Commission that Laura Howell be allowed to participate in these proceedings. She is formerly an employee of the City and I am using her as an expert. M.r Plummer: No, you cannot. Mr. Costanzo: Cannot do that? Mr. Plummer: Two years. Mayor Ferre: Wait a minute. We just waived...for what is the name of that attorney? Mr. Plummer: We have not waived on her. Mr. Gary: We have not waived on her, though. Mr. Plummer: That would have to be an agenda item, sir, as it was on Tuesday. I like Laura. She is great testimony, but our rules are our rules! Mayor Ferre: Yes, but I will tell you, if Laura can clarify this situation.... Mr. Costanzo: That is what I wanted her for, really. Mayor Ferre: .... I have no objections to letting her speak. Mr. Plummer: Mr. Mayor, any member of this Commission, at any time can call and ask someone to give an opinion, but not on behalf of an applicant. Mayor Ferre: Yes, but I don't want to do anything that is illegal about this. So, in other words, unless we give her the right, Russ, you better not touch that. Mr. Costanzo: This is the third time around on this one. There was a granting of a plat, and there was the granting of a variance... that piece of property there, that little yellow piece, the north east corner there. It is 25 feet by some 75 feet in depth. We object to the plat on the grounds that in order to secure the variance, it is quite obvious that the Department required and elicited it from the grants ... the owners of the property, an additional 10 feet to make an alley which is 20 feet in width. This is totally unnecessary, since there is already a 10 foot alley on the ld 45 10/27/83 4 f property directly to the west across the street, running the full block length, there is only a 10 foot alley, and that is all that is required. This plat application was filed before the new ordinance. There is no requirement that there must be a 20 foot alley. 10 foot is adequate, don't need any more. The type of businesses around here are showrooms, where all we have delivered are merchandise. People go and look at it, and they order from catalogs. There is no delivery of merchandise. There is no boxes to be taken away, there is probably less garbage to be picked up in this area than any other area in Dade County. As far as the variance is concerned, that is a substandard piece of property. It does not meet any of the criterias - the six criterias which were in the ordinance, and certainly should have been disallowed. Now, the Grants bought this property knowing it was substandard, knowing they couldn't build on it and they must suffer that detriment. There is plenty of access to the property from all of these yellow streets, these yellow arterials streets - that the 500 feet from here to here you have 150 feet in street, plus whatever the width of 36 Street is. You have ample access. As a matter or fact, the Grant property touches streets on two sides of a courtyard, and there is absolutely no reason for the granting of that variance. I did some research. I determined that the people who were the predecessors entitled to the Grants, who bought this property, where the variance was granted, plus additional property to the north of it, were paid by the Department of Transportation the sum in excess of what they had paid for the property. The reason they were paid that amount was that it was to recompense them for the property taken and recompense them for the property that was remaining - the injury to that property. Therefore, what we are requesting today is that this plat be returned to the Street and Plat Division, with instructions to amend the plat to remove the property on which the variance is located and to remove the additional 10 foot alley, which is unnnecessary. If that is not an appropriate procedure, I can only suggest then that the variance be denied and that the plat be disallowed. Thank you. Before you hear from the Applicant, may I have Dr. Water speak. He is an objector also. Mayor Ferre: All right, Doctor. Dr. Water: Very briefly, Mr. Mayor, all of us who have purchased property in that area, and I did more than five years ago, in that little corner of the property, just south of the strip that parallels the Parkway. All of us that purchased the property in that area are aware of the limitations and strictures on that little unusable piece of land. For cosmetic reasons as well as congestion, there isn't any reason to put a building on a little slip of land like that. There is plenty of land around there, and there is no reason to mess up the contour of the whole area, by doing something which was never intended anyway. It was sold...going a little back into the history of the thing...the people who bought that land before it was purchased by its present owner were paid by the City when the City took over part of it for the East -west Expressway. The people were paid full dollar for the part of the property that the City took, even though they retained that little slip of land down below, and the people who purchased that little slip of land below, did it knowing full well, that it was not a buildable property and that all it would do would be to afford them access. Why now, in order to foul up everything and congest the neighborhood, are they going to do this little extra thing here, which is going to serve no purpose? Thank you. 1d 46 10/27/83 6 f Mr. Stewart Grant: If I may respond, my name is Stewart Grant. I live at 1229 Meridian Avenue. I am here representing my mother and father who own the property. Let me say that my father is planning on developing the property. He has never developed any other property before and he was perhaps not best advised to buy it, but he did purchase it, and Mr. Prinz and Mr. Costanzo all had the options to purchase it. They were not willing to give the asking price for the property. We purchased the property, and we felt that by joining it together with our other property, we could create a tract which met the intent of the zoning code, and we still maintain that it does meet the intent of the zoning code. In the agenda it says that the average lot width of Tract "A" is 28 feet. If you calculate it mathematically, taking the area divided by the depth, you get a figure of 60 feet, and we feel ... to say that this property will detract from the area, we can build a 24 or 25 foot building which will serve as an entrance to a larger existing building here. This is a dead end. Over on this street, this is a major underpass which connects to the Design District and we would like to have some frontage on N. E. 1st Avenue. We feel like it is a valuable asset. It also adds 1800 square feet to our building. It is not sufficient to park on, so really we no option, if we cannot build on it, we cannot use it for anything. As far as the alley, there were no tradeoffs. We didn't make any deals with the City. The City requested the alley, the additional 10 feet, realizing that this plat would be coming up under the new zoning code, so rather than complicate the issue, we went along. This alley goes all the way from North Miami Avenue to North Miami Place on the City's sewer atlas, on the City's water atlas, on certain other documents that we have, the alley shows up. Also, the existing buildings owned by Mr. Costanzo and, I'm not sure who owns what, but all these buildings line up along an imaginary line, which we feel, which is in fact, would make it line up with an alley. They say that there is no dedication for an alley on their property. I feel that it may not have been dedicated, but there was at one time an alley on that property. I am not certain, but that is my impression. It seems to me that would be why they buildings do line up along this existing line right here. We feel that because North Miami Place is a dead end - it serves for cars to get out. It avoids traffic coming from the Design District. They don't have to pull out onto 36th Street. We would think the alley would be an asset to that area and I think that people in the Blair Tract there, I think they would also like to have some less heavily trafficked connector to the Design District. I'd like to allow our attorney to speak. I think there are some of the motivations for this. One other thing is that I don't think this brown portion here is ever going to be be platted, because if it was, they would have to demolish some of the existing buildings on order to replat, so I don't know if the City can ever get this alley legally, but all I know is these particular buildings do not meet the setback requirements along N. E. 1st Avenue, if they were platted. If the alley did happen here, Mr. Prinz would still be left with a buildable lot which meets all of the zoning requirements. Thank you. Ms. Judith Rosenthal: My name is Judith Rosenthal, I am an attorney representing Mr. and Mrs. Grant. I have law offices at 444 Brickell Avenue. Just to respond to the objections that were brought up this morning, it was argued of course, that Mr. & Mrs. Grant's bought this property and knew that it was a substandard lot at the time that they bought it. Indeed, we cannot argue that they didn't know what the property was. Mayor Ferre: When was the lot purchased? Id 47 10/27/83 Ms. Rosenthal: The lot was purchased in 1979, after the Expressway. Even though the prior owners had been compensated as it was explained, that is not a reason to leave that particular lot completely vacant further, and at this point, we have a lot that can be made good and proper use of. The alternative is to leave it a vacant lot, or perhaps to sell the property to the objectors here this morning, so that they can join it up with their property and develop it in that way. One way or the other, somebody might be able to make use of the property. In this situation, the Grants own it; they want to make use of the property and not leave it as a vacant, unsightly lot, which it happens to be at the time. We do, I think, meet all the criteria for a valid variance. All of the Departments have recommended this. We have been over it one hundred times. So far as the plat matter is concerned - and again, we have to specify there are two separate matters that have been lumped together here. One is the variance. One is the plat. In terms of the issue of the plat, as the younger Mr. Grant said, we have gone along with the City's request - the 20 foot alley is not an unreasonable request so far as we are concerned. On our property a 10 foot alley had been dedicated. Throughout all the other documents that we were able to find with the City, there is a 12 foot alley indicated, so we are not setting a precedent this morning for taking away property of the Objector. In fact, that property may already have been taken, and no one has recognized it, so we request this morning that you uphold the grant of that variance and approve our plat. It will give us a useful area in the Design District. It will make useful and proper use of that property. The grants will still have to comply with all the other building and zoning codes, so we are not doing anything particularly unusual here - merely putting in a building where right now a vacant lot exists. Thank you. Mayor Ferre: I will give you time for rebuttal in a moment. Is there anybody else who wants to speak on this side? Yes, sir, go right ahead. Mr. Seymour Grant: My name is Seymour R. Grant. This property has laid dormant for over 20 years. I've paid taxes on it, and at this point, I am prepared to make a $1,000,000 investment and put a piece of property on the tax roll that will benefit myself and the City and all of this has just been a lot of rhetoric to delay this investment. Now, if I have to wait another few years, I am going to wait, but at this point I feel the City certainly can use the tax benefits that will be derived from this development, and that is why I want to proceed. Mayor Ferre: Anything else? Mr. Stewart Grant: One last thing - we have already reserved $17,000 for public improgements on this plot. It has been in an account now for about five months in escrow. Mayor Ferre: All right, go ahead. Mr. Costanzo: There are so many obvious fallacies here. First of all, merely the difference of putting a building where none exists now - that is a big difference. The second thing is, they already don't have to go out onto 36th Street. They have the street to 1st Place as access without going onto 36th Street. Finally, they can still go out onto the road that they want without putting a building on it, so they have no reason to put a building on that little slip of land, and crowd the entire area. Finally, do they have to leave it as an ugly eyesore?...no, they can landscape it ld 48 10/27/83 4 f like anybody else would landscape this property, and they can do some parallel parking along it and still have a nice avenue in. So, there are so many obvious things, and then saying that it may already have been dedicated, speaking about the alley, it was not dedicated. It is not a question of may or may not, it is a question of it was not, historically. Thank you. Very quickly, on a statement following. Mr. Prinz and I did contract to buy that piece of property where the variance is located. I examined title and I turned down the title. Title was not good. Seller was not willing to make it good. He gave us back our deposit, and the deal was off. That is the only reason we didn't buy that property. They then sold it to the Grants, and I really think that is an irrelevant issue. I must say that that white alley that you see there with the red above the brown below is an imaginary alley between Mr. Prinz' property and my property. That alley does not exist. I examined title to both those parcels of property, and I will state here unequivocally that there is no alley. There never has been a dedication of an alley, and as far as I am concerned, there never will, Mr. Campbell, nevertheless! If I have to put an alley in there, I am going to have to tear down part of my building, which is that orange portion, next to the brown portion. No, it is quite obvious! There is no alley there. Finaly, all I can say to the Grants is if they would get their 10 feet back from the plat, they could build on that 10 feet that was taken away from them by the City. The City had no right to demand that of them. They didn't have to give it to them. It was elicited from them in exchange for the variance. I make that charge here, and I know it is true. Other than that, I can only say I have two things to say. I feel there is only one way to handle this. Either deny the plat and deny the variance, or the alternative, send it back to Street and Plat, and order them to take off the varianced property and remove the 10 feet that they elicited improperly, as far as I am concerned. Mayor Ferre: Now, which of these requests are you asking the Commission to do? Mr. Costanzo: My first request is that you send it back to Street and Plat, and have them remove the varianced property from the plat, and have them remove the 10 extra feet from the plat, on the alley. Mayor Ferre: All right. Mr. Costanzo: I believe that is an appropriate procedure. If it is not an appropriate procedure, then I have no alternative but to ask you to deny the granting of the plat and the variance. Mayor Ferre: Let's see if that is an appropriate procedure. Is that an appropriate procedure? His request ... Mr. Campbell? Mr. Campbell: If the Commission were to deny the plat... Mayor Ferre: No, that is not what he is asking. Mr. Campbell: I thought that was. Mr. Costanzo: No, amended. Mr. Campbell: Well, the plat cannot be amended, because it has not yet been approved by the Commission. It would have to go back and start from square one. Mayor Ferre: That is what he is saying. All right, repeat your statements so Mr. Campbell can hear it and we have to determine whether or not this is... ld 49 10/27/83 i f Mr. Costanzo: 1 am asking that the plat be returned to Street and Plat Department for the purpose of either modifying or amending the plat, the tentative plat. You can amend and modify a tentative plat, Mr. Campbell, you know it, by removing the varianced property and by removing the 10 feet - extra 10 feet that you elicited for the unnecessary 20 foot alley that you want. Mayor Ferre: Is that a proper procedure, Mr. Campbell? Mr. Campbell: I would say that if one amends a plat in a minor way, yes. It could be done; however this would be substantive modification to the plat. This is something that the Plat and Street Committee has requested and it is true that at the time that this plat came on board, we had not yet had the subdivision regulations approved. They were not yet within the code. However, Mr. Grant agreed to do that. Contrary to what Mr. Costanzo says, this was not (I repeat on the record) this was not a consideration for granting of a variance. My recollection - I did not bring the file with me today because I did not think this would come up - my recollection of the Plat and Street Committee action was that. We recognized that there was possibly a substandard lot width in there based on Ordinance 6871. One of the requirements of the Plat and Street was that the Applicant, Mr. Grant achieve a variance for the substandard lot width, period. No tit for tat. We requested, when they came before the Plat and Street Committee, that the alley for utilization purposes, be widened to 20 feet so that it would be in conformance, not only with the proposed subdivision regulations of the City of Miami, but also with Chapter 28, I believe it is, of the County Code, which requires a 20 foot alley be dedicated on some unplatted property along all commercial properties. That was the genesis, by the way, of the 20 foot alley, so that if this goes back again, the Code calls for a 20 foot alleyadjacent to commercial streets - commercial property, when it is platted, and there is no - to my knowledge - there is no way that that can be set aside. There is a provision that if the Applicant shows a certain development that will allow for profit proper traffic circulation, service vehicles, emergency vehicles, then this could be ameliorated somewhat. Otherwise, that alley is necessary, according to the Code. Mayor Ferre: So, the answer therefore, in layman's language, is it "yes", or "no"? Mr. Campbell: No. There is no way they can get out of the alley. Mr. Plummer: That is not the question, really. Let's be honest. The question is, and you are right in your answer, but you are only half right. You cannot eliminate the alley, but as to the width of the alley, it can be modified. Mr. Campbell: The Code specifies that the alley will be at least 20 feet wide. Mr. Plummer: Which it presently is only 10. Mr. Campbell: That is correct. The dedicated alley, yes. Mr. Costanzo: But this application was filed before that ordinance was enacted. It was not a requirement that there be a 20 foot alley at the time of the filing. This is a requirement now, and they are seeking to impose it backwards, which I think is quite illegal, frankly. I want to repeat one other thing.... ld 50 10/27/83 Mr. Plummer: I don't necessarily agree I don't think - and I am speaking for think a 20 foot alley is necessary. with that Counselor. one person, I don't NOTE FOR +RECORD: Commissioner Carollo entered meeting at 11:40 P.M. --------------------------------- --------------------------- Mr. Costanzo: Correct, I agree with you. Mr. Plummer: Okay, as long as you can get ... the Fire Department has had the right to look at this, they can get a fire truck in it; they can get a garbage truck in it; they can get a utility truck in it, I really don't know why you need a 20 foot. We have many, many major streets in this City that are no more than 20 feet wide. I just don't see the need for a 20 foot alley. Mr. Costanzo: The streets touching on this property are 50 feet in width and on 36th Street, which also touches on this property, it is six lanes. Now, these alleys that are on the next lot to the west are 10 feet in width and are never used. They are dedicated and unused. The 10 foot dedication on that property is absolutely unused. Now, I must repeat one other thing. The Code on the variance is quite clear. It requires a 60 foot width and they have got themselves here in a situation where there has got to be 30 feet required in width and they have got it down to 28 feet, and it is really not 28 feet. From my reading it is 25 feet, but I am could be corrected on that one. They don't comply with the Code in any regard. They don't meet any of the criteria, and therefore, as I stated, the variance should be denied - the plat should be denied, or if the alternative is correct, send it back to Street and Plats to amend. Mayor Ferre: All right. Mr. Stewart Grant: Okay, again, I think Mr. Whipple will back me up that it meets the intent of the zoning code. The lot width ... it is just a pecular method by which the City calculates the average lot width, and I can argue that it could be done mathematically and it would comply, and I ask Mr. Whipple to back me up on that statement and feel like it is because of the shape. When we went for the variance, we had these peculiar circumstances and the peculiar circumstances was the shape, and it is not....................we have already exercised Unity of Title. It is all going to be one property - one tract - one building - one individual property. To say that that little piece is ever going to be taken by itself, it cannot be done. We have a Unity of Title that we filed with the City and we really feel like we have met the intent and the Zoning Board agree. The Plat and Street Committee agreed and I think they are better qualified to judge that we have complied than the attorney. Mr. Costanzo: May I say one final item, and then I will stop. The main criteria is that for a variance, you may not have a self inflicted hardship. You have a self inflicted hardship here. It is self inflicted and these people knew full well when they bought this property it was not a buildable lot, did not meet any of the criteria - any of the six criteria for a variance. Thank you. Ms. Rosenthal: If I may respond to that. Even the City's Legal Department acknowledged that the Unity of Title was necessary to join the two pieces of property. It was our intention when that property was purchased to make it one large lot, no longer two separate parcels and the Legal Department acknowledged that and demanded a Unity of Title ld 51 10/27/83 6 f so that the pieces could never be separated. With a Unity of Title filed, once again we are in a situation where that piece of property can be used for absolutely nothing, if the variance is not granted today. Frequently, variances are granted because properties are unusual or peculiar in some way. This one happens to be also, and we merely ask for the variance so that we can make proper use of it. To have an 890 foot long park on the property is not a realistic use of that property, and it is not a realistic demand for an owner, either. Mr. Campbell: Mr. Mayor, if I could add one additional piece of information. It is impossible, with the adding of that piece to the main property, it is impossible to meet the average lot width. There is no way that you can divide that property, that you could meet the average lot width, as long as the little piece is on that edge. Mayor Ferre: Anything else before we close? Mr. Semour Grant: One more statement, Mr. Commissioner. I think the important thing is, we are going to take a piece of fallow ground that has been weed ridden for 20 years and create a tax opportunity for this City. Obviously this City can use all the revenue it can get and these people are doing now are delaying this and we are just going to continue in that situation if we don't get approval today. Mayor Ferre: All right, anybody else want to make any further statements? All right, questions from the Commission. Statements from members of the Commission. All right, what is the will of this Commission? Mr. Plummer: Mr. Mayor, under statements, my only statement still remains the same. I don't think an alley of 20 foot is necessary, nor required. We can put it on tax rolls. The City can collect taxes if it were necessary. That is one thing, but I don't see that it is necessary. It is just 10 feet less that the City would have maintenance for, the City would have less revenue for, and I think the only thing, as far as I am concerned, is to send it back to the Plat Committee, remove the 10 foot - and you know, I sat on the Plat Committee, I know how that works, and it is not a forced issue like the black olive trees are not a forced issue. You know, we will talk about your application when you make your dedication if you wish to do it voluntarily. And if you don't make it voluntarily, we might get around to it sometime! Ms. Rosenthal: There ' is already a 10 foot alley dedicated there. Mr. Plummer: The 10 foot is not any question. I agree with the 10 foot, okay? I agree with that fully, but I know how these guys work. I have worked with them at one time. I was a part of that. Mayor Ferre: All right, is that a motion? Mr. Plummer: I will make a motion, Mr. Mayor, that it be sent back to the Plat Committee for the removal of the 10 feet and then we will judge with accordingly. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion? Yes, sir. ld 52 10/27/83 6 0 Mr. Perez-Lugones: We are dealing with the variance, not with the plat. Mr. Plummer: Okay, then fine. You got me into it legally. You get me out of it legally. We are dealing with the variance, but the variance was subject and predicated upon, either on or off the record, to the 10 foot dedication. Mr. Perez-Lugones: No, no. That is incorrect. That was said by the Opposition to the Applicant, but that is not correct. Mr. Plummer: What you are saying to me then, what I've got to do, which is unfair, is to deny it to make them go back through the procedures and file a new application! Mr. Perez-Lugones: If you deny the variance, they have to wait at least a year or a year and one-half (I don't remember right now) to file the same kind of application. Mr. Plummer: Okay, why can't I defer it. Mr. Perez-Lugones: That you could do. Mr. Plummer: Defer it, and send it back for further information. Ms. Rosenthal: But, there are two separate matters here; there are two separate item numbers! Can we not vote on the variance first and then the plat? Mr. Plummer: I understand that okay? I understand that, but I am also understanding that even though directly they are not tied, indirectly they are. That is what I am understanding. Ms. Rosenthal: Only because the objectors are objecting to the variance because they want to object to the plat. Mr. Plummer: The objectors are objecting to you being a nice guy; that is what it really boils down to. Mayor Ferre: So, where are we now? Is there a motion to this? Mr. Plummer: For a purpose. Mr. Garcia -Pedrosa: You don't have to have a purpose. You want to move to defer. Mr. Plummer: No, I don't want to defer just to defer. I want something accomplished. Ms. Rosenthal: We have been deferred four months already. Mr. Plummer: No, no. I am sorry, excuse me. I want it to be deferred for the purposes of it going back to the Plat Committee for the removal of the 10 foot. Ms. Rosenthal: If we are deferred, do we start again under the new Zoning Code and then we are required at 20 feet again! Mr. Stewart Grant: I think that is the point is that if you want us to get rid of 20 foot alleys, you change the Zoning Code, and I really think it is not our fault that that was part of the Zoning Ordinance that was passed, and yet, we are bearing the full burden of this. Mr. Perez-Lugones: Commissioner, may I suggest? Id 53 10/27/83 6 f Mr. Plummer: Surely. Please. Mr. Perez-Lugonez: Defer 43, period. Mr. Plummer: Defer it? Mr. Perez-Lugonez: Item 43, and then defer 48 with the purpose of sending it back to Plat and Street Committee. Mr. Plummer: Fine, I defer Item 43. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Call the roll. THEREUPON, ON MOTION duly maze by Commissioner Plummer and seconded by Commissioner Perez, the City Commission deferred consideration of the above matter (Item 43) by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice Mayor J.L.Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None Mr. Plummer: Defer Number 48. Mayor Ferre: For the purposes of.... Mr. Plummer: For the purposes of sending it back for remodification. Mr. Gary: That is the only problem with it. Mr. Plummer: As I see it, that is the only problem. Mr. Perez: Second. ld 51-A 10/27/83 6 0 Mayor Ferre: 48. Further discussion? Call the roll on the Item The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1001 A MOTION TO DEFER CONSIDERATION OF ACCEPTANCE OF A PLAT ENTITLED "GRANT SUBDIVISION", NORTHEAST MIAMI PLACE AND N.E. 36TH STREET AND FURTHER DEFERRING THE APPEAL OF A VARIANCE GRANTED AT 3639 NORTHEAST MIAMI PLACE SENDING THIS MATTER BACK TO THE PLAT AND STREET COMMITTEE FOR MODIFICATION. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 19. SECOND READING ORDINANCE CHANGE ON A CLASSIFICATION - 761 N. M. 3RD STREET FROM RG-2/5 TO CG-1/7. ------------------------------------------------------------ Mayor Ferre: All right, we are now on Item Number 1 on Second Reading, Santiago and Benita Presno. This is moved by Carollo and seconded by Perez. Is there any further discussion? Anybody want to make any presentation on Item 1? For the record, let the Departments state its position. Mr. Whipple: Mr. Mayor, the Planning Department was opposed to this item, even though it was passed on First Reading, and at the last meeting, you also requested that we study the area adjacent to this property, which we are in the process of doing, but we don't have a report for you at this time. Mr. Plummer: So, what do you want us to do, defer it? Mr. Whipple: Well, you have already passed it on First Reading, sir. No, I just wanted to update you as to where we stood on the study. Mr. Carollo: Motion, there is a second. Mayor Ferre: All right, it has been moved on Second Reading by Carollo. Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Anybody wish to be heard on this item? Call the roll. Mr. Garcia -Pedrosa: Mayor. Let me read the ordinance first, Mr. ld 54 10/27/83 AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95000 THE ZONING ORDI- NANCE OF THE CITY. OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 761 NORTHWEST 3RD STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMER- CIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 35 OF SAID ZONING ATLAS MADE A PART OF ORDI- NANCE NO. 9500, BY REFERENCE AND DE- SCRIPTION 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 29, 1983 it, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None. ABSENT: None. Miller J. Dawkins Demetrio Perez, Jr. Joe Carollo L. Plummer, Jr. A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9708. 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. 20. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICA- TION — 2724-26-34 S.W. 7TH STREET FROM RG-1/3 TO CR3/7. ------------------------------------------------------------ Mayor Ferre: Take up Item 2. This was previously moved by Carollo, seconded by Perez. Mr. Carollo: Moved. Mayor Ferre: Moved by Carollo. Is there a second? Mr. Perez: Second. Mayor Ferre: Perez seconds. Under discussion? Anybody here wish to discuss Item Number 2? All right, the Depart- ment for the record? Make your statement. Mr. Whipple: The Planning Department recommended denial of this item. We felt that it was an undue encroachment into the residential area of commercialism. Mr. Gary: But they approved it, though. Id 55 10/27/83 w1 V 0 Mr. Whipple: Yes, they approved it on First Reading. Mr. Garcia -Pedrosa: This is a correction of that earlier action. Mr. Gary: Isn't this transferring this to 9500? Mr. Whipple: No, no, no. This is a request for change of zoning. Mr. Garcia -Pedrosa: Right, and the way the ordinance is drafted, included less than what was supposed to be includ- ed. Mr. Whipple: Well, the zoning... Mr. Garcia -Pedrosa: This is the one that had the wrong description and was corrected. Mr. Whipple: The zoning board had recommended the south forty feet be changed and I believe on First Reading the Commission intended to change the entire property. Mr. Garcia -Pedrosa: That is right. That is what I am saying, that the ordinance as originally prepared did not reflect the intention of the Commission. Mr. Whipple: I would say that, yes, sir. But, this is still the second reading on the item which we were opposed to to begin with. Mayor Ferre: Further discussion? Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE 9500, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 81 99 AND 10, BLOCK 2, HARDING HEIGHTS (6-138), LESS THE SOUTH 40' THEREOF, ALSO DE- SCRIBED AS APPROXIMATELY 2724-26-34 SOUTHWEST 7TH STREET FROM RG-1/3 (GENER- AL RESIDENTIAL (ONE AND TWO FAMILY), TO CR-3/7 (COMMERCIAL RESIDENTIAL (GENERAL- LY), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 95009 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Id 56 10/27/83 04 s. v ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9709. 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. 21. AUTHORIZE CITY MANAGER TO REQUEST PLANNING DEPARTMENT TO BEGIN A STUDY OF AN AREA BOUNDED BY 15TH ROAD, I-959 F.E.C. RIGHT-OF-WAY, SIMPSON PARK FOR POSSIBLE CONSID- ERATION FOR CHANGE OF ZONING. ------------------------------------------------------------ Mayor Ferre: Agenda Item 35? Okay, there seems to be a lot of people here on Item 35. Now, this is a petition for zoning atlas amendment, S.P.R. Investments and Pantry Pride, and Jose and Mildred Acosta. Now, I assume this is going to be a controversial item, right? Mr. Plummer: Maybe not. Mayor Ferre: Maybe not, I don't know. Let's see. Mr. Plummer: But it is not going to be handled in two minutes. Mayor Ferre: Is there anybody here who is an opponent? Mr. Plummer: Mr. Mayor, they are not sure whether they are opponents or not based on a predicated motion which I am already to offer. If I don't offer the motion, or it does- n't pass, then you have got all kinds of opponents. Mayor Ferre: I hate to make all these people come back this afternoon. Mr. Plummer: Well, let me simply say what it is, Mr. Mayor. Basically, I met with these people at their request. They are in fact in a pocket around this item. They have no objections as long as this Commission agrees to have a self initiated study for a different classification of their property. If they are going to be faced with a situation of having Pantry Pride go in with a very large structure, and they are going to remain the same, they then of course are opponents. They definitely, without question are in a pocket, and they think they deserve every consideration in the world as far as their particular properties are con- cerned. I made a commitment to these people that I would make a motion to self -initiate a study by the City so that they will have not to do it on an individual basis, nor at their expense. Mayor Ferre: Yes, I totally agree to that. Mr. Plummer: Excuse me, Mr. Mayor, I want to make it fully clear on the record, as I did to these people, I am not making any commitment to these people other than there will be a study and my feel is, that they do, in fact, deserve consideration. I did not make any further commitments than that, and I want that on the record. Mayor Ferre: Let me add to that that I think that because of the fact that there is an Expressway on one side, 15th Road and the developments of that triangular piece on the other side and along the F.E.C. rightaway, a rapid transit ld 57 10/27/83 It �j structure, and Simpson Park is on the other side, that this becomes a very, very, special area, and I do think that there is a legitimate request. Now, I subscribe to Plummer's statement, and I might add to it that I do think that there is a legitimate request for consideration of that whole general triangular area. Mr. Dawkins: Mr. Mayor... Mayor Ferre: But again, like Plummer said, there is no commitment. Mr. Dawkins: Okay, Mr. Mayor, there is a commitment from me, and I commit to these people that if I can sit here and allow Pantry Pride to take a piece of property and do what they want with it, then these people also should have the right that they should not be penalized, to be restricted in the use of their property because we did not restrict the use of it to Pantry Pride, and I am committed to you to see that you do not have any restrictions on it. I only have one vote. Mr. Perez: I want to make clear Mr. Mayor, my position. I met these people about two weeks ago for their own request and I am completely in favor of the concerns of that neigh- borhood, and I think that these people deserve the opportu- nity to protect their property values, and I am completely in full support of these citizens, of the vote. Mayor Ferre: Okay, so I think what you show, and I assume Carollo feels the same way, that there is a unanimous feel- ing on this Commission on the general tenure of this, so to the neighbors, I think your concerns have been, and will be addressed. All right now, Plummer, do you want to to make your motion now? Mr. Plummer: Mr. Mayor, I make a motion that the City self initiated study by the Planning Department of that area, outlined by the I-95, by 15th Road and by 1st Avenue for possible consideration of a change of zoning predicated on the changing neighborhood, I so move. Mayor Ferre: is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 83-1002 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REQUEST THE PLANNING DEPARTMENT TO BEGIN A STUDY OF THE AREA GENERALLY BOUNDED BY 15TH ROAD, THE I-95 EXPRESSWAY, THE F.E.C. RIGHT-OF-WAY WHICH IS THE RAPID TRANSIT, SIMPSON PARK, AND 1ST AVENUE FOR A POSSIBLE CONSIDERATION OF CHANGE OF ZONING BASED UPON A CHANGING NEIGHBORHOOD PATTERN AND STIPULATING THAT THIS STUDY BE COMPLETED AND THE MANAGER MAKE A RECOMMENDATION TO THE CITY COMMISSION WITHIN A PERIOD NOT TO EXCEED 90 DAYS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- ld 58 10/27/83 r r AYES: Commissioner Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None. ABSENT: None. Miller J. Dawkins Demetrio Perez, Jr. Joe Carollo L. Plummer, Jr. A. Ferre Mr. Plummer: Mr. Mayor, I meant to, and I don't know that it would be any problem that there be a maximum of 90 days involved. I think that is reasonable. Mayor Ferre: Okay, let that be part of the motion. All right, with that objection... all right now, I think on the matter of the petition, I would assume that therefore solves the problems that the neighbors have? No? You still want to be involved? Well, our rule is that we break•at noon, so I hate to make you come back, but I guess you are going to have to. Mike? Mr. Mike Anderson: The position of the residents there is that they are in favor of the Pantry Pride rezoning. They just wanted to make sure that you know, their property values would not be decreased and that they would be protected. Mayor Ferre: No, but I can't deny them the right to speak and object and you maybe have some objectors that want to object. Mr. Anderson: Okay, I don't think we can object. Mayor Ferre: All right, we will now adjourn and we will reconvene at 2:00 o'clock. THEREUPON, THE CITY COMMISSION WENT INTO A brief recess at 12:00 Noon, reconvening at 2:10 P.M. with all members of the Commission found to be present except for: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo 22. EXPRESSING CONDOLENCES TO THE FAMILIES OF 30 HAITIAN REFUGEES WHO LOST THEIR LIVES ONE YEAR AGO ON ATTEMPT TO REACH U. S. SHORES. ----------------------------- -- --------------------------- Mayor Ferre: I would like for everyone here to rise Monsignor Walsh, I would like for you to lead us in prayer. Today we celebrate the one year anniversary of the tragic death of over thirty human beings who lost their lives trying to swim to shore from a boat. People were Haitians, they were Black, they were human beings that were seeking a better life for themselves. It was one of the most tragic occurrences in this community and it made of course, inter- national news and it is something that we all felt very deeply. Would you lead us in prayer. Monsignor Walsh: (LEADS COMMISSION MEMBERS AND AUDIENCE IN PRAYER) Mayor Ferre: All right, I would like to move that the City of Miami send a resolution of condolences to the families of, and in remembrance of the 33 Haitian men, woman and ld 59 10/27/83 r children who died on October 26th of 1981, when their ship the Nativity broke up in the Atlantic and that it be pre- sented to Monsignor Walsh by you and the Haitian Catholic Center at 110 N. E. 62nd Street at the Memorial Service to be held at the Haitian Catholic Center. Could somebody move that? Mr. Dawkins: Move it. Mayor Ferre: Dawkins moves, Plummer seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 83-1003 A MOTION OF THE CITY OF MIAMI COMMISSION SENDS A RESOLUTION OF CONDOLENCES TO THE FAMILIES OF THE 30 HAITIANS REFUGEES WHO LOST THEIR LIVES ONE YEAR AGO IN AN ATTEMPT TO REACH U. S. SHORES. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo 23. ALLOCATE $1,000. FROM SPECIAL PROGRAMS AND 4CCOUNTS FOR AN EVENT CO -SPONSORED BY F.I.J., THE NATIONAL EMIGRATION REFUGEE AND CITIZCNSHIF FORUM AND CATHOLIC COM1!UNITY SERVICES. Mayor Ferre: Monsignor Walsh, there was a motion that I know that you were interested in, and there was some confusion. Would you clarify exactly what is going to happen at F.I.U. and why should the City support it? Monsignor Walsh: The Florida International University Catholic Community Services and the National Forum on Immigration has sponsored a conference that is support- ed by many different organizations on November the 18th and 19th here in the City of Miami on immigration and refugees issues. This is a conference that brings in some of the best experts from around the country. They represent different viewpoints on this. It is not any one viewpoint. It is a broad approach to the problem. It--- - -- ------ -- ----- - --- - - - ---- -- --as well as those who are professionally involved in immi- gration together. It gives a chance for this community to have a forum can look objectively at the problem and we think that we want... Mayor Ferre: All right, so your request is for $1,000 out of the $5,000. Monsignor Walsh: .... a symbol of cooperation from the City and a $1,000 we think is appropriate to support this. Many other organizations are putting in much more money. Mayor Ferre: All right, is there a motion on this? Mr. Plummer: Mr. Mayor, I voted against this this morning, I was unaware of the positive publicity that could come out of this thing to go out. I think this Id 60 community sorely needs positive publicity and because of that, for the very small sum involved, I will vote favorably. I so move. Mr. Dawkins: I second, but I too voted against this but for different reasons - I voted against it because I am tired of sitting up here giving out money and I shall not change, but since you said that this is a good deal for $1,000, we give out many more dollars Monsignor, and for less rewarding things, so therefore, my posi- tion does not change, but I am voting with you. Mayor Ferre: All right, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 83-1004 A RESOLUTION ALLOCATING $1,000 FROM SPECIAL PROGRAMS AND ACCOUNTS - QUALITY OF LIFE SUPPORT OF THE SOUTHEAST REGION- AL CONFERENCE ON IMMIGRATION AND REFUGEE ISSUES TO BE HELD IN MIAMI, FLORIDA NOVEMBER 18-19, 1983, WHICH IS COSPON- SORED BY FLORIDA INTERNATIONAL UNIVERSI- TY; THE NATIONAL IMMIGRATION REFUGEE AND CITIZENSHIP FORUM, AND CATHOLIC COMMUNI- TY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo NOTE FOR RECORD: Commissioner Carollo entered 2:25 P.M. ------------------------------------------------------------ 24. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. ------------------------------------------------------------ Proclamation: Made to Miami Falcons Athletic Club Foot - Presented ball Team for uninterrupted victories and proclaiming Thursday, Ocxtober 27, 1983 as "Miami Falcons Athletic Club Day." Proclamation: Presented to Citizens Crime Watch and No Show declaring "Citizens City Crime Watch Week"; further recognizing the winner of the "Crime Watch Poster Contest. Commendation: Presented Presented to "Rocky's Gang", a group of students of Shenandoah Junior High School and Miami Senior High, who ld 61 10/27/83 perform a variety of modern jazz and patriotic dances, for their outstand- ing contribution in enriching culture and educational values and for helping to strenghten ties between young people of Tel Aviv and the City of Miami. Presentation: To Dr. Ofelia Diza of the Wagner Music Presented Conservatoryfor her outstanding contri- tutions to the Arts. 25. PERSONAL APPEARANCE - JANET COOPER CONCERNING THE D.D.A. BUDGET. ------------------------------------------------------------ We have got a pocket item here on the agenda for the Down- town Development Authority. Are we ready to move on that now, J. L.? Mr. Plummer: Mr. Mayor, I am ready to move. We need four - fifths. Mayor Ferre: What can I tell you? Mr. Plummer: I can tell you, you don't have it! Mayor Ferre: All right, is there a motion on Ordinance Number 43? Mr. Plummer: 43? Mayor Ferre: Making it an appropriation for the Downtown Development Authority, City of Miami, for the fiscal year ending September 30, 1984. Mr. Plummer: Mr. Mayor, I offer the motion. Mayor Ferre: Plummer moves, Dawkins seconds. Further discussion? Read the ordinance. Mr. Plummer: Janet Cooper wants discussion. Mayor Ferre: On this? Go ahead. Ms. Janet Cooper: Janet Cooper, attorney with law offices at 159 East Flagler Street, representing the Point View Association, which is now included in the Downtown Develop- ment Authority. This area is strictly residential in neigh- borhood, and as far as we have been able to determine, does not benefit from it, yet pays considerable taxes, because of Downtown Development. Mayor Ferre: Wait a minute, Janet. I thought we went down just short of Point View. It includes Point View? Oh! Down to 15th Road. Stand corrected. Mr. Plummer: Well, I withdraw my motion. You cannot include residential in the D.D.A., Mr. Mayor, that is unfair! Mayor Ferre: How about the whole Omni Complex and all the... Mr. Plummer: Yes, but this is solely residential. Omni is a mixed. I don't think it is fair to make residents pay for that. Mayor Ferre: J. L., that has already been done! Id 62 10/27/83 S f Ms. Cooper: What we are asking at this point, is not neces- sarily not passing the budget, but we would ask to be placed on a very early agenda for consideration of removal from the district. Mr. Plummer: No, no. I can't do that, Maurice, I am sorry! I am not going to put them on the outside looking in. Mayor Ferre: Okay. Mr. Plummer: Now, if you want to make it subject to the waiver of residential, solely residential use... Mayor Ferre: No, absolutely not, that will kill Overtown, Park West. It will will kill the whole Omni area. Legally we can't do it. ----- I am sorry, there is nothing we can do about it. Mr. Plummer: I am sorry! Mayor Ferre: I am sorry, you will just have to live month to month and that is the end of it. There is nothing we can do about it. There is no way in God's world that we remove residential - downtown, it is residential all over - at Omni ... okay, let's move along. Mr. Plummer: Does anyone here feel differently? ? Mayor Ferre: Yes, I feel differently, but that is all right. Mr. Plummer: Demetrio: Mr. Perez: I am completely in favor of the budget. Mr. Plummer: Including the residential units? Mr. Perez: I think that that is part of the development of the area and I think that.... Ms. Cooper: Well, I am not suggesting that we take any drastic action today. I am suggesting that we review it. Mr. Perez: .... they have spent a lot of time and a lot of... Mr. Dawkins: Yes, but when you come back, you still want us to remove you, so that is still the drastic action, Janet, so we may as well bite the bullet now as to bite it later. There is no difference, Janet! Mayor Ferre: And if you remove it, please remove everything in Omni. Please remove all residential in Overtown. Mr. Dawkins: I have been trying every day since I have been here to kill the Downtown Development. This is my shot - right on. Mr. Plummer: Excuse me, please. I don't want ... let me make the record clear. Mayor Ferre: When you walk around here you have got to be careful, because what seems apparent isn't always the same way. Mr. Dawkins: Mayor Ferre: Commission is turn. That's right! But you know, the wonderful thing about this that the wheel turns and everybody gets his ld 63 10/27/83 t Mr. Dawkins: That is right, and what goes around comes around. Mr. Plummer:. Mr. Mayor, let me please indicate for the record, in no way am I trying to destroy the D.U.A. Mr. Dawkins: I am! Mr. Plummer: And I respect your right to do as you see fit, but I just think it is wrong to ask people who are solely residential in nature to put up an extra half a mill for the development of downtown. I don't think that is proper, so I just want to put it on the record. Mayor Ferre: Thank you, Ms. Cooper, and Mr. Kenzie, we will deal with it at some other time. 26. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 TO BIG BROTHERS AND BIG SISTERS IN CON- NECTION WITH THE NOTRE DAME MIAMI GAME AT ORANGE BOWL STADIUM, SUNDAY DECEMBER 119 1983. ------------------------------------------------------------ Mayor Ferre: Now, we do have Walter Ettling, who called me - I was called on a special matter that needs presenta- tion today. They could not be here this morning for pocket items and I told them I would recognize them at 2:30 P.M. Mr. Ettling, quickly. Mr. Walter Ettling: Thank you, Maurice. I want to think you. This is my son Russell. I want to thank you on behalf of the University and I myself for the great help you gave us in producing the half time show for the Miami Notre Dame game. I have here a couple of little packets that says we have got great exposure. There are telegrams in here from Seoul, Korea, where 4,000 people saw the half time show on the Miami is For Me presentation. But, that is not exactly the reason I am here. The reason I am here is to talk a little bit about Sunday, December 11th. We are helping Big Brothers and Big Sisters stage a world premier of Columbia's new feature movie, The Man Who Loved Woman. This is a Blake Edwards film starring Burt Reynolds and Julie Andrews. The stars will be here with their friends. Columbia is bringing over 75 press people to help promote this film. It is a charity event for Big Brothers and Big Sisters and it is sure to get international attention. It should be a great show. It is going to be black tie, lights outside, bands. We are using Gusman Hall downtown as the premiere site. We have a budget of $70,000 to stage this, $40,000, of which is for the entertainment portion of it, and we, of course, would like some help to try to get this job done. We think it is another event that will get Miami out front, because.. Mayor Ferre: Burt Reynolds, as I understand it, is going to be here. Mr. Ettling: Julie Andrews, the whole crowd are coming. Mayor Ferre: Plummer is going to get to play Kojak - Julie Andrews, he is going to escort Julie Andrews in, all that kind of stuff. (INAUDIBLE BACKGROUND COMMENT) Mayor Ferre: What do you want? ld 64 10/27/83 6 f Mr. Ettling: us... Well, we would like to ask the City to help Mayor Ferre: Who is us? What is the formal organization? Mr. Ettling: Well, it is Big Brothers and Big Sisters is the sponsoring group. Mayor Ferre: All right, for how much? Mr. Ettling: We will ask for $5,000. Mayor Ferre: is there a motion? Mr. Plummer: Moved. Mr. Perez: Second. Mayor Ferre: Moved by Plummer, second by Demetrio Perez. Further discussion? Call the roll. Mr. Plummer: Under discussion. I am doing that, because I want to tell you, I didn't have as much faith before which you did in the Miami - Notre Dame game, and I want to tell you the job you did there for this City was super. Mr. Ettling: Thank you. Mr. Plummer: And I hoping and keeping the faith that you are going to do it again. Mr. Ettling: Well, we are going to try. Mayor Ferre: Call the roll. The following motion was introduced by Commission- er Plummer, who moved its adoption: MOTION NO. 83-1005 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 TO AN ORGANIZATION KNOWN AS BIG BROTHERS AND BIG SISTERS IN CONNECTION WITH THE NOTRE DAME MIAMI GAME TO BE PLAYED IN THE ORANGE BOWL STADIUM SUNDAY, DECEMBER 11, 1983. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo THEREUON, THE CITY COMMISSION WENT INTO A BRIEF recess at 2:30 P.M., reconvening at 2:40 P.M., with all members of the Commission found to be present except for: Mayor Maurice A. Ferre Commissioner Joe Carollo ld 65 10/27/83 e 27. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 3400-3490 SOUTH DIXIE HIGHWAY FROM RO-2.1/4 TO CR-2/7. ------------------------------------------------------------ Mr. Plummer: Start with Agenda Item Number 3. Let us for the record stipulate that all of these items that we will be taking up in a very rapid fashion are all for approval. They come with the approval of not only the Department, but the Planning and Zoning Board. Is that correct? On Second Reading. is that fully understood? So I am going to run through these pretty good. Item Number 3, Ordinance, Second Reading, approximately 3400-3490 South Dixie Highway. Moved by Dawkins, seconded by Perez. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE SECTOR NUMBER ONLY OF APPROXIMATELY 3400 - 3490 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA (MORE PARTICU- LARLY DESCRIBED HEREIN) FROM RO-2.1/4 RESIDENTIAL OFFICE TO RO-2.1/5; MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 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 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Commissioner Vice -Mayor J. NOES: None. Miller J. Dawkins Demetrio Perez, Jr. L. Plummer, Jr. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9710. 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. 28. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 4000-40-50 WEST FLAGLER STREET FROM RG-2/5 TO CR-2/7. ------------------------------------------------------------ Mr. Plummer: Agenda Item 4, moved by Dawkins, seconded by Perez. It is approximately 4000-40-50 West Flagler Street. Read the ordinance. Id 66 10/27/83 4 f AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 4000-40-50 WEST FLAGLER STREET, MIAMI, FLORIDA, (MORE PARTICU- LARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 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 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9711. 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. 29. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 3665-71 N.W. 7TH STREET AND 821-899 N.N. S.E. 14TH TERRACE FROM RG-2/5 TO CR-2/7. ------------------------------------------------------------ Mr. Plummer: Agenda Item Number 5. It is approximately 3665-71 N. W. 7th Street, 821-899 N. W. 37th Avenue. Moved by Perez. Seconded by Dawkins, read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3665 - 71 NORTHWEST 7TH STREET AND APPROXIMATELY 821 - 899 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA 9MORE PARTICULARLY DESCRIBED HEREIN FROM RG-2/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 26 OF SAID ZONING ATLAS MADE Id 67 10/27/83 0 A PART OF ORDINANCE NO. ENCE AND DESCRIPTION SECTION 300, THEREOF; REPEALER PROVISION AND CLAUSE. 9500, BY REFER - IN ARTICLE 3, CONTAINING A A SEVERABILITY Passed on its first reading by title at the meeting of September 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Perez, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9712. 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. 30. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 181-89 S. E. 14th LANE AND 180-190 S.E. 14TH TERRACE FROM RG-3/7 TO SPI-5. ------------------------------------------------------------ Mr. Plummer: Agenda Item Number 6 is 181-189 S. E. 14th Lane, 180-190 S. E. 14th Terrace. Moved by Perez, seconded by Dawkins. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 181 - 189 SOUTHEAST 14TH LANE AND APPROXIMATELY 180 - 190 SOUTH- EAST 14TH TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 3/7 GENERAL RESIDENTIAL TO SPI-5: BRICKELL-MIAMI RIVER RESIDENTIAL OFFICE DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 39 SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Perez, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins ld 68 10/27/83 Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9713. 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. 31. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 3500 N.W. 22ND AVENUE FROM RG-2/4 TO CG-1/7. Mr. Plummer: Agenda Item Number 7 is an ordinance approxi- mately 3500 N. W. 22nd Avenue. Moved by Dawkins, seconded by Perez. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3500 NORTHWEST 22ND AVE- NUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMER- CIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS MADE A PART OF ORDI- NANCE NO. 9500, BY REFERENCE AND DE- SCRIPTION 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 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9714. 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. -------------------- ------------------ --------------------- ld 69 10/27/83 32. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 3200 NORTH MIAMI AVENUE FROM RG-1/3 TO CG-2/7. Mr. Plummer: Agenda Item Number 8 is approximately 3200 North Miami Avenue. Moved by Perez, seconded by Dawkins. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3200 NORTH MIAMI AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DE- SCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO CG-2/7 GENERAL COMMER- CIAL..; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS MADE A PART OF ORDI- NANCE NO. 95009 BY REFERENCE AND DE- SCRIPTION 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 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Perez, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9715. 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 - CHANGE ZONING CLASSIFICATION 1471 N.W. 17TH STREET FROM RG-3/6 TO RG-3/7. Mr. Plummer: Agenda Item Number 9, an ordinance, 1471 N. W. 17th Street. Moved by Commissioner Dawkins, seconded by Perez. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 1471 NORTHWEST 17TH Id 70 10/27/83 6 0 STREET, MIAMI, FLORIDA (MORE PARTICULAR- LY DESCRIBED HEREIN) FROM RG-3/6 GENER- AL RESIDENTIAL TO RG-3/7 GENERAL RESI- DENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 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 29, 19839 it was taken up for its second and final reading by title and adoption. On motion of Commis- sioner Dawkins, seconded by Commissioner Perez, the Ordi- nance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Commissioner Vice -Mayor J. NOES: None. Miller J. Dawkins Demetrio Perez, Jr. L. Plummer, Jr. ABSENT: Commissioner Joe Carollo Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9716. 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 - CHANGE ZONING CLASSIFICATION BLOCK BOUNDED BY N.W. 17TH AND 19TH STREETS FROM N.W. 14TH AVENUE AND WAGNER CREEK TO N.W. 15TH AVENUE FROM RG-3/6 TO RG-3/7. ------------------------------------------------------------ Mr. Plummer: Agenda Item Number 10 is an ordinance - a block bounded by N. W. 17th and 19th Streets, N. W. 14th Avenue and Wagner Creek to Northwest 15th Avenue. Moved by Dawkins, seconded by Perez, read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED BY NORTHWEST 17TH AND 19TH STREETS FROM NORTHWEST 14TH AVENUE AND WAGNER CREEK TO NORTHWEST 15TH AVENUE, MIAMI, FLORIDA (MORE PARTICULAR- LY DESCRIBED HEREIN) FROM RG-3/6 GENERAL RESIDENTIAL TO RG-3/7 GENERAL RESIDEN- TIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS MADE A PART OF ORDI- NANCE NO. 9500, BY REFERENCE AND DE- SCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Id 71 10/27/83 U f Passed on its first reading by title at the meeting of September 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9717. 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. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 5604-5730 N.E. 4TH COURT FROM AN UNZONED STATUS TO CR- 2/7. ------------------------------------------------------------ Mr. Plummer: Agenda Item Number 11. Moved by Dawkins, seconded by Perez. It is an ordinance relating to approxi- mately 5604-5730 N.E. 4th Court. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 5604-5730 NORTHEAST 4TH COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM AN UNZONED STATUS TO CR-2/7 COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE NO. 14 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 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Vice -Mayor J. NOES: None Miller J. Dawkins Demetrio Perez, Jr. Joe Carollo L. Plummer, Jr. ABSENT: Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9718. ld 72 10/27/83 6 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. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 5601-5699 N. E. 4TH COURT FROM AN UNZONED STATUS TO CR- 2/7. ------------------------------------------------------------ Mr. Plummer: Item Number 12 is an ordinance, approximately 5601-5699 N. E. 4th Court. Moved by Dawkins, seconded by Carollo. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 5601-5699 NORTHEAST 4TH COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM AN UNZONED STATUS TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMU- NITY); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 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 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Carollo, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9719. 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. 37. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 2341-2699 N.W. 17TH AVENUE FROM CR-3/5 TO CR-3/7. Mr. Plummer: Agenda Item 13 is an ordinance, approximately 2341-2699 N. W. 17th Avenue. Moved by Dawkins, seconded by Perez. Read the ordinance. Id 73 10/27/83 0 E AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2341-2699 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, (MORE PARTICU- LARLY DESCRIBED HEREIN) FROM CR-3/5 COMMERCIAL RESIDENTIAL TO CR-3/7 COMMER- CIAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 20 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95001 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 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9720. 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. 38. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 6202-6398 BISCAYNE BOULEVARD FROM RO-3/6 TO CR-2/7. Mr. Plummer: Item Number 14, an ordinance approximately 6202-6398 Biscayne Boulevard. Moved by Carollo and Dawkins. Read the ordinance. AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95001 THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 6202 - 6398 BISCAYNE BOULEVARD, MIAMI, FLORIDA (MORE PARTICU- LARLY DESCRIBED HEREIN) FROM RO-3/6 RESIDENTIAL OFFICE TO CR-2/7 COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION ,300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Id 74 10/27/83 0 9 Passed on its first reading by title at the meeting of September 29, 1983, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINAICE NO. 9721. 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. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION 2815-2851 S. W. 22ND TERRACE FROM RG-1/3 TO CR-2/7. ------------------------------------------------------------ Mr. Plummer: Let's hesitate here for a minute, is there anyone here that is on an item or an application that wants to proceed with four members present, other than waiting for the Mayor to return? Anyone here wishing to proceed with four members, you may - Mr. Traurig? Mr. Robert Traurig: Having confidence in this Commission... Mr. Plummer You are getting foolish in your old age! Item 32 is the Mackle Company. Is there anyone of the opponents that are here of Item 32? 2815-2851 S. W. 22 Terrace. Is there any opponents, or anyone here who would prefer to wait on 32 to a full Commission? We now have four members of the Commission present. Mr. Traurig, for the record, your name, your mailing address and would you please state and stipu- late for the record that you have no objections in proceed- ing with four members present. We are on Item 32. Mr. Traurig, proceed, sir. Mr. Robert Traurig: Thank you, my name is Robert H. Traurig, I am an attorney at law with offices at 1401 Brickell Avenue. I have no objection to a Commission of four members hearing this item. Mr. Plummer: You want to go first with the Zoning Depart- ment? Mr. Traurig: That is fine. Mr. Plummer: Let them make their recommendations. Mr. Richard Whipple: Mr. Vice -Mayor and members of the Commission, the Planning Department is recommending denial of this item. We feel that the change of zoning as request- ed would be an undue encroachment into the residential neighborhood along 22nd Terrace. As you know, this is property that backs up to Coral Way or 22nd Street, and at one time it was deepened an additional 50 feet to accommo- ld 75 10/27/83 C date proposed development at that time. The request before you is to carry this back to 22nd Terrace which would expose the commercial zoning to the fronting residential low densi- ty development on the south side of 22nd Terrace. The request is not in accord with the comprehensive plan, and we feel that this commercial. encroachment with potential devel- opment would be injurious and detrimental to that residen- tial area, so on that basis, we recommend denial. Mr. Plummer: Thank you, Mr. Whipple. Mr. Traurig. Mr. Traurig: Thank you, Mr. Vice -Mayor. As indicated in the notice, this is an application filed partially by the Mackle Company which owns the property on the easterly end of these five lots and by Power Mill Corporation which is a subsidiary of Suzquehenna Broadcasting, which is the owner and operator of Radio Station WQBA, and they own the wester- ly 150 feet, the last three lots of this property. You will note from your zoning map that all of the property to the east, and almost all of the property between Coral Way and 22nd Terrace is already zoned CR-2/7. We are asking you to rezone this 100 feet on the north side of S. W. 22nd Ter- race, commencing 50 feet east of 29th Avenue and continuing easterly so that it forms one major block of CR-2/7. You will also note that the lots themselves are already split by two separate zoning districts. The north portion of these subject lots are already CR-2/7, and we asking for the southerly portion to be rezoned in the same classification. The objective is to unify the zoning on the lots in confor- mity with the zoning which exists between these lots in Coral Way and between these lots in 27th Avenue. This would permit the redevelopment of the site. It runs all the way from Coral Way to 22nd Terrace, so that the new station and the executive offices for WQBA can be built in a very hand- some building which will do credit to this neighborhood and this is a picture of the building (INAUDIBLE, OFF MICRO- PHONE) as you look at from the 22 Terrace side. We are very mindful of the people who live on the south side of 22nd Terrace. We had met with them. You will note that they are not here to oppose. We met with them and they unanimously support this application. Interestingly, most of those people are in duplexes. Those are not single family homes on the south side of 22nd Terrace. If the redevelopment occurs, what we propose to do is to establish a very exten- sive landscape berm and landscape buffer with mature land- scaping along the street at 22nd Terrace, followed by a wall, inside of which would be the parking structure and the parking area and the building so the people on the south side of 22nd Terrace will not be looking at a parking lot. They will be looking at mature landscaping rather than duplexes that could have been built on this side of the street, which really are incompatible with the basis charac- ter that has already been established from 27th Avenue westward to 29th. All those lots at the present time are parking lots and this is a massive improvement over the existing physical situation. Because I know that this Commission has a very lengthy agenda, and because this has been recommended to you unanimously by the Zoning Board, I am not going to make a more complete presentation. but I would ask you if you have any questions. We are joined here by a lot of representatives of WQBA, who could help me answer some questions with regards to uses. We think that this is a great addition to this new area within very close proximity to the mass transit station and within an area which is basically a commercial area already. We again call your attention to those property owners who are most direct- ly affected, all of whom have agreed that this is an im- provement in the neighborhood and have actually signed petitions to that affect. Thank you very much. ld 76 10/27/83 0 9 Mr. Plummer: Once again, for the record, are there any opponents, anyone in opposition? Let the record reflect that no one came forward and we'll close the public hearing and now ask for discussion among the Commissioner. Commis- sioner Carollo. Mr. Carollo: Mr. Vice -Mayor, has the Planning Department made their objections known to the Commission? Mr. Plummer: Yes, sir, they did that at the beginning. Mr. Carollo: Their full objections? Mr. Whipple: We are objecting, yes, sir. Mr. Carollo: I know, but have you made your full objections known to the Commission already, Mr. Whipple? Mr. Whipple: Yes, sir. Mr. Carollo: All right, if that is the case and you don't have any additional areas that you feel the Commission should be appraised of, I'd like to state that I've lived a good portion of my life here in Miami just four blocks from where this site is on 22nd Terrace and I'm extremely famil- iar with the neighborhood. That whole area has been zoned duplex for many many years back from 27th Avenue to 37th Avenue along 22nd Terrace. Most of the properties that you have there, you'll find that they have duplex built on them. Whether it is single duplex building or two separate homes on a duplex lot. At the same time, from 37th Avenue where the City ends all the way down to the Roads Section you will find that just about in every single block you already have areas where you have, whether it is restaurants, funeral homes, office buildings, on and on and on, establishments that aren't facing Coral Way. Sorry, J. L., I forgot. That are using part of 22nd Terrace for parking or other purpos- es. So what they're asking for here is in no way spot zoning. All they're asking for is to be given the same opportunity that other people have been given as far back as 20 years ago or more. I see all of Coral Way going commer- cial and very heavily commercial in the next two to 10 years. I think that is going to be the next Brickell Avenue of Miami and the only way that we're going to be able to alleviate some of the parking problems and other areas of concern that we all have is going to be by changing the zoning of 22nd Terrace and the 21st Street which would be the street that faces the other side of Coral Way. So I have no problem whatsoever, the only concern that, of course, we all have here is to make sure that the neighbors understand what is going on and from what I have seen here, you have all done an excellent job of speaking to the neigh- bors and I compliment you for that, so I have no additional questions. I think that this is the only way that this neighborhood could go and it is about time that we changed the zoning. And I would not only do this for this particu- lar block, but any of them that would come to us in the future. I would be in favor of changing the zoning in that area. So I'm ready to make a motion. Mr. Plummer: Do any other Commissioners have comments which they wish to make? Mr. Perez: I am completely ready to second the motion, I think it is in accordance with the appearance of the neigh- borhood. I am ready to second that motion. Mr. Plummer: Mr. Whipple? Id 77 10/27/83 Mr. Whipple: If I may, what Commissioner Carollo has said is quite accurate and true with respect to parking facili- ties along 22nd Terrace. As you might remember, Conditional Use provisions for Off -Street Parking, this is a legitimate, if you will, relief valve for buildings that have been developed along Coral Way which could not provide sufficient parking, not required parking, per se, but excess parking depending upon the demands. We have no problem with contin- uing our recommendations that we've made in the past as to providing off-street parking but I wanted to point out the difference. It is one thing to provide off-street parking, let's say excess parking and provide for the needs of exist- ing businesses and even new businesses that may need more parking that the minimum requirement, but it is another thing to change zoning to do this. In this particular instance we're talking about 25,000 square feet of residen- tial land being zoned commercial which translates under our new zoning ordinance, let's say to 50,000 additional square feet of development, be it retail or office. This has an impact as the zoning is going right to 22nd Terrace it is going to have a severe impact on 22nd Terrace as development occurs, redevelopment occurs and as intensity is increased the traffic is not only going to be difficult on Coral Way but it is going to force difficult traffic situations on 22nd Terrace which is the edge of the edge of the residen- tial neighborhood. So I just wanted to distinguish between the parking that we had recommended and think it is appro- priate as opposed to the zoning change that is being re- quested here today. Mr. Carollo: Somehow, Mr. Whipple, I knew you would have something else to add to it. Mr. Whipple: I apologize. Mr. Carollo: That is why I had asked before. But I think we all realize that that is the only way that that area on Coral Way is going to go, whether we want to approve it now or five years from now, that's the way it is going and I'm for doing it now. At the same time, I can't help but to kind of smile and remember, Mr. Whipple, a similar situation last year with the Miami Herald that your argument was just the opposite way of what you're telling me today but I guess that was a different situation with a different corporation but I appreciate your input. Mr. Whipple: Thank you. Mr. Plummer: What is the pleasure of the Commission? Mr. Carollo: I made the motion, Commissioner Perez seconded it. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2815-2851 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICU- LARLY DESCRIBED HEREIN) FROM RG-1/3: GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7: COMMERCIAL RESIDENTIAL (COM- MUNITY) 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, Id 78 10/27/83 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Commissioner Commissioner Vice -Mayor J. NOES: None. Miller J. Dawkins Demetrio Perez, Jr. Joe Carollo L. Plummer, Jr. ABSENT: Mayor Maurice A. Ferre 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. 40. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION 3225-27-29 DARWIN STREET FROM RG-2/5 TO RO-3/6. ------------------------------------------------------------ Mr. Plummer: Item 33. Approved by the Planning Department, approved by the Board. There were two replies by mail in favor, four against, two proponents at the meeting. Does the Planning Department wish to elaborate on their recommen- dation? Mr. Whipple: Only if the Commission wishes, we recommend approval. Mr. Plummer: Counselor, you're the representative? Mr. Traurig: Well, I'd like to agree with Mr. Whipple from time to time and this is one of those times when I agree with him. We have nothing to add. Mr. Plummer: You herein stipulate that everything herein contained in your application is true and correct to the best of your knowledge? Mr. Traurig: Yes, sir. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3225-27-29 DARWIN STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5: GENERAL RESIDENTIAL TO RO-3/6: RESIDENTIAL OFFICE; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 45 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. 79 10/27/83 " .. 466 Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Commissioner Miller J. Dawkins Mayor Maurice A. Ferre 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. 41. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION 69-115 N.E. 51ST STREET, 70-112 N.E. 52ND STREET, 67-85 N.E. 52ND TERRACE AND 64-70 N.E. 53RD STREET FROM RS-2/2 AND RG-1/3 TO RG-3/5. ------------------------------------------------------------ Mr. Plummer: Item 34 looks like a quickie. Item 34 is the Miami Jewish Home and Hospital for the Aged. It was recom- mended by the Department for denial, The Board approval. Mr. Traurig, are you representing the Miami Jewish Home and Hospital for the Aged? Mr. Traurig: Yes, sir. Mr. Plummer: Mr. Whipple, your recommendation on the re- cord, please. Mr. Whipple: Mr. Vice -Mayor and members of the Commission, the Planning Department has recommended denial of the re- quested change of zoning. We feel that the development as we have seen it grow over the years has an impact upon the residential community. We believe that a further extension of this development into the low density area is detrimental to the residential character and have, therefore, recommend- ed denial of the item. Mr. Plummer: Mr. Traurig, for the record, your name, mail- ing address. Mr. Traurig: Robert H. Traurig, 1401 Brickell Avenue, representing Miami Jewish Home and Hospital for the Aged. Mr. Plummer: Let the record reflect that on the map there shows that there are no objectors, there are only two people in favor. Mr. Traurig, do you wish to proceed? Mr. Traurig: Yes, sir. As you know, the zoning classifica- tion RG-3/5 is the classification that one needs for hospi- tals, convalescent homes, nursing homes and institutions for the aged. We have a campus here which is being completed as the result of this new expansion. In order to complete it and in order to operate as a home and hospital for the aged it is necessary that the zoning classification on the lots that you see marked on your map be changed so that we could square off the parcel. The City did support the expansion of the parking facilities, etc. What we really need to do at the present time is merely to change the zoning classifi- cation so that the campus can be integrated. This is a landscape plan reflecting the campus. It is a wholly con- tained institution, it has extensive landscaping on the perimeters, it has extensive landscaping in the interior and it is a credit to the neighborhood. This is one of those institutions within the City which provides an exceptional service and we urge you to continue the continuation of that service by approving this very minor expansion of the cam- pus. 80 10/27/83 Mr. Plummer: Thank you, Mr. Traurig, do you stipulate that everything herein contained in the rest of your application is true and correct? Mr. Traurig: Yes, sir. Mr. Plummer: What is the pleasure.... Is there anyone in the audience wishing to speak on Item 34? Let the record reflect that no one came forth, and that copies are availa- ble to the public as well as to the Commission. NOTE: MAYOR FERRE ENTERED THE MEETING AT 3:10 P.M. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 67-85 NORTHEAST 52ND TERRACE, APPROXIMATELY 64-70 NORTHEAST 53RD STREET AND APPROXIMATELY 70-112 NORTHEAST 52ND STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 (GENERAL RESIDENTIAL (ONE AND TWO FAMILY)) TO RG-3/5 (GENERAL RESIDENTIAL); OF APPROXIMATELY 69-115 NORTHEAST 51ST STREET AND 125-131 NORTH- EAST 51ST STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS- 2/2 (ONE FAMILY DETACHED RESIDENTIAL) TO RG-3/5 (GENERAL RESIDENTIAL); BY MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE NO. 16 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Mayor Ferre and seconded by Commis- sioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: AGENDA ITEM 21 WAS CONTINUED TO NOVEMBER 18TH. --- - --- - - - - - -- ------------------------------ 42. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FIRST READING ORDINANCE BY APPLYING HC-49 COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT TO SEARS ROEBUCK AND COMPANY LOCATED AT 1300 BISCAYNE BOULEVARD. ----------------------------------------------------------- 81 10/27/83 Mayor Ferre: This is a Planning Department request, 1300 Biscayne Boulevard, Commercial area Heritage Conservation - Sears Roebuck and Company. Now, I understand there is a move afoot to continue this. Mr. Plummer: Mr. Traurig, what is the problem with continu- ing for 30 days, have you got problems? Mr. Traurig: Well, among other things, Mr. Plummer, if you recall, the last time we appeared here we made it very clear that under your new ordinance, if this is not considered today, and that is considered 30 days from now and then the second reading is beyond the 63 days that are shown in 63 days from now.... Wait a minute, hasn't that been extended? It was 63 days from September, not from October. We had suggested to this Commission that because we are the respon- dents, we wanted to be as fair as possible and called atten- tion to the fact that if it didn't get heard promptly it would be denied as a matter of course by this Commission in accordance with the new ordinance because it would not have been heard within the prescribed time. Our situation is this: We ourselves wanted to be heard because Sears has taken the position that it has sat in limbo for perhaps a year waiting for some kind of disposition of this matter and hasn't really known what it could do. It wants to know that this matter is finally disposed of so that if between now and January 1 it wants to destroy the improvements on this property in order to reduce the ad valorem taxes it would have no problem in doing so. If this matter is still pend- ing, it would have such a problem. We also felt that the Sears executives who have come here from Atlanta on a number of occasions have the right to have this matter disposed of rather than to be dragged out. They have to make reports to their company as to what will be done with regard to the Miami site. So that this Commission will know, and I'm not giving you this as the substantive presentation, we have made a very serious effort to advertise and sell this prop- erty to historic preservation groups. There have been people with whom we have discussed it, we are continuing discussions but we have not been able to comply with the wishes of the executives of Sears in disposing of this matter and it makes it very difficult for them to market the property to those who are not interested in the historic preservation. Consequently, our entire marketing effort is being deterred and we feel that it is very important that we have a final disposition. Mr. Plummer: Okay. The Department, I guess you are the applicant. Mr. Luft: That is correct, we would recommend that this Commission refer this item back to the Planning Advisory Board from which we could restart the clock. Mr. Plummer: Well, let me ask you this question. It was my understanding, am I correct, that you are looking for anoth- er 30 days, is that correct? That you feel that the matter would be resolved. What happens if we pass this on First Reading, it takes 30 days to take effect? Mr. Garcia -Pedrosa: No, it doesn't, it's got to go to Second Reading before it even starts running. Mr. Plummer: Well, Okay, it is 30 days from Second Reading. Mr. Garcia -Pedrosa: A little bit less, it doesn't matter. You have to have a Second Reading and then 30 days after that the ordinance becomes effective. Your next Planning and Zoning Meeting is not until November 18th so if you were to pass this today on First Reading and November 18th on 82 10/27/83 0 4 Second Reading the ordinance would become effective December 18th. Mr. Plummer: Well, you know, as I see it we've got three choices. 1) We can deny it, 1) we can approve it and 1) we can continue it. Mr. Traurig, trying to be fair to all interested parties, if we pass this on First Reading today it doesn't, I don't see, have any bearing because it is really the Second Reading. Mr. Garcia -Pedrosa: Right, you haven't lost anything. Mr. Traurig: Well, we think that if you heard the facts as the Planning Advisory Board heard them you would not pass it on First Reading. It recommended to you that you vote denial of this application and we think that the facts justify the vote of denial of this application. If you pass it on First Reading makes it more difficult for the owner of the property to make a presentation that would not be stig- matized with the action of this meeting that would have approved on first reading that historic preservation desig- nation. We feel that it would be unfair to the applicant, to the owner, to ask them to come to you a month from now on Second Reading with a posture that this Commission has already approved it on First Reading. So we don't want you to do it summarily if you, after hearing the facts feel that it is justified to be passed on First Reading then that is, of course, the will of this Commission, but we do think that the facts would justify your voting no. Mr. Tim Blake: Tim Blake, offices at 1111 S. W. 5th Avenue, the Historic Warner Place representing Dade Heritage Trust. I would like to point out to the Commission that at this point in time we have learned that there are two serious individuals or companies including the Kennedy Foundation out of Chicago who are very interested and, in fact, called today and asked that I inform this Commission that they are very serious in making a legitimate serious offer to Sears to buy this property only if the property is designated Historic and the entire structure is saved. There is a second buyer who has contacted Sears a ligitimate buyer who has spent in excess of 100,000 doing studies and looking at the property who wants the building saved, restored and kept in its entirety and designated historic. That group will meet with the Sears people who are coming down again from Atlanta on the 15th of November to try and negotiate to see what Sears really wants with the property. It wasn't until just a few minutes ago that I had a conversation with Mr. Dobbins who says, well, I've also got other people interested in it, I've never heard, the H.T. has never gotten one word from anyone that there is someone that is willing to buy it with it torn down. The two people who are serious about it right now want it saved. Another 30 days is not going - the way it has been presented here - affect them in their marketing strategy any more than it is going to result in the saving of the building. So, I think it is a draw, I think the only fair thing to do to preservation interests, because at this meeting at this time the National Trust for Historic Preservation is holding their meeting in San Antonio and all of the current leaders of the preserva- tion movement are in San Antonio and it wasn't until just earlier this week we found out that this was going to be on this agenda. And if this decision is going to be made, if we're going to talk merits today I would like to have it deferred because Arva Parks is taking her child to the doctor and will be here shortly and the Chairman of the City of Miami Preservation Board will be here in approximately a half an hour. He is tied up in business. 83 10/27/83 Mayor Ferre: Okay, I tell you, if we're going to defer it and if it is going to be heard today I think certainly Arva Parks for her many years of service is entitled to be heard to be heard on this issue so I have no objections either to just deferring the whole item or waiting until Arva Parks gets here. Which is it? Mr. Traurig: May I have the opportunity to introduce to you Mr. Chuck Dobbins from Sears who came here from Atlanta to make a presentation to you so that you can understand what has been done.... Mayor Ferre: Bob, if we're going to do that then if Arva has asked to be here, and she is taking a child to a doctor I want Arva to be here. Mr. Traurig: I think she is entitled to be heard and we have no problem in having it deferred to a later point in this agenda. Mayor Ferre: Okay. Now, we just lost our fifth member again, I mean not the same fifth member, a separate fifth member. ------------------------------------------------------------ 43. DISCUSSION AND DEFERRAL OF CONSIDERATION OF FIRST READ- ING ORDINANCE OF POSSIBLE CHANGE OF ZONING PROPERTY BOUNDED BY I-95 EXPRESSWAY, S.W. 15TH ROAD, S.W. 17TH ROAD AND S.W. 2ND COURT FROM RS-2/2 AND RG-2/5 TO CR- 2/7. ------------------------------------------------------------ Mayor Ferre: This is a zoning atlas on First Reading, applicant SPR Investments, Pantry Pride Enterprises, Jose and Mildred Acosta. The Planning Department recommended denial, the Zoning Board recommended approval 5 to 1. There were two mailed opponents and there were 38 proponents at the meeting and 2 opponents at the meeting. Now, yes, sir. Mr. Dawkins: A point of clarification, please. Isn't this the item that we just told the people this morning that we were going to do a study on? Mr. Plummer: The remaining portion of that area is the study. Mayor Ferre: What we did was this: Plummer said, "Before I vote on this, I've got to clarify something" and I said is it important? He said, "Yes, if I don't clarify it we may have a lot of opponents." Plummer then made the motion asking that the Department study, he made a statement into the record, I subscribed to his statement and you took a stronger position, Perez agreed with your stronger position, Carollo agreed with the four of us and it was voted upon and left on the record. Now, at that time it was 12:05. I then said into the record after lunch we will come back to this and I hate to make some people have to come back but that's the way it is going to have to be. They in turn said, Well, they may still be opposed to it and they may want to be heard and that is what we're on right now. This is the Pantry Pride property, Item 35. Proceed. Mr. Richard Whipple: Mr. Mayor and members of the Commis- sion, the Planning Department recommends denial of this item and basically our denial is for what was suggested by the earlier motion with respect to the rest of the area. Denial is based upon the fact that we feel the request before you has a very very severe impact and we suggest that this is not a proper or real impact that should occur in this resi- 84 10/27/83 dential area. Let me start by pointing out a couple of facts with respect to the potential impact of this property. As you note on the screen, the upper portion, lots 1, 2 and 3 is zoned CR-2 and presently houses the physical facility of the Pantry Pride Foodstore. On the remainder of the lots, in Block 16 in yellow, lots 41 5, 6 and 7 - 4, 5, and 6 are zoned for single family development and lots 7, which fronts on 15th Road is zoned for multiple family. The remainder of the yellow, the last portion of lot 18, a portion of lot 19 and a portion of lot 20 is likewise zoned single family development. I would like to point out to you that the portion zoned (one other thing in connection with that zoning) 4, 5, 6, and 7 are used for parking in conjunction with the Pantry Pride Food Store on the commercially zoned property. The commercially zoned property amounts to approximately 26,000 square feet of net lot area. The request before you today, in yellow, including the proposed abandonment of the 17th Road, north of 2nd Court, or in between these two yellow portions, amounts to approximately 52,000 square feet. In other words, the area that is being requested to be rezoned is twice the area that is presently zoned for commercial devel- opment. Now, a suggestion is that the location requires this change of zoning. The location is one which I think we ought to think quite seriously about. As you know, this is where 3rd Avenue turns on to 12th Street, rounding the corner. It is like a five point intersection. It is a very difficult intersection at peak periods and it is being suggested by this application that we triple, let's say, the intensity of this intersection by virtue of this requested change of zoning. We would suggest to you that traffic wise we feel we are creating very hazardous problems. We have vision clearance problems, we have the normal impact of the adjacent activity heading north, with respect to the Rapid Transit System and we feel that this will be a very burdensome problem to subject this property to that much intensity. Mayor Ferre: Well, I want to tell you that I have some very serious misgivings on this property and I think it is stan- dard procedure around here when a member of the Commission has that kind of concern that he is given the courtesy of continuing this, and I... Mr. Dawkins: So moved. Mayor Ferre: And I would like the opportunity to take a real close look. I tell, there is a major expressway there. It is a major corner. There is a tremendous amount of traffic. You are talking about major intensity. I want to go see that. I would like to meet with the developers. I would like to meet with the neighbors and the developers and I would like the Department present at a hearing where we can look. I'd like to see the drawings. If you have a model, I want to see that and I think this is the proper way to go about this. We are only talking about November the 18th. Do you have objections to that? UNIDENTIFIED??? If I may speak to my clients for a moment, Mr. Mayor. Mr. Whipple: Would you like me to hold my additional comments until that is determined? Mayor Ferre: Yes, because I want to see... Mr. Whipple: Okay. 85 10/27/83 0 6 Mr. Plummer: Mr. Mayor, your comments in no way reflect the earlier motion. Mayor Ferre: No, no. Look, I want to say on the record, just for the neighbors so that we don't have a misunderstanding. I have serious misgivings about the intensity of this project. However, I think this area is changing, okay? And I am inclined to vote in favor of it. I don't want you to misunderstand that I am trying to put this off so that I am going to be voting against it. I think that is a project...the area is changing and I think it requires some forward looking approach. However, I do want to make sure that the intensity of this project is not to the point where is going to totally destroy the area. Now, does the owner have any objections to waiting until the 18th? No, we have no objections, Mr. Mayor, of course. Mayor Ferre: And I apologize for making you waste your time here, but you know, I drove by there earlier today and I thought this was a matter that really requires... yes, sir? Go ahead. Mr. Guillermo Socarras: My name is Guillermo Socarras. I am the developer of this property. I want you to consider this that I have to say before we decide anything. I have been talking to the Planning Department since November of 1982. We have had seven - eight meetings. I have changed my plans three times. I have spent so far over $350,000 supposedly in a Recession. I was told and that is the impression that I have, that the City and the Planning Department like to open this area to become the highrise luxury office building in Miami. We have the opportunity to do it. We are going to spend $27,000,000 to $40,000,000 in this project. The citizens that live around my project, are in favor. They like their properties to be rezoned also. I think that we were forgotten by the Planning Department and that is not my fault. I just want you to keep in mind that I have done and the homeowners have done everything that we can for them to look into this project and give you the input. Every meeting that I went to went from bad to worse. And part of my problem that I have is that I have a deadline with my... Mayor Ferre: When is the deadline? Mr. Socarras: My deadline is supposed to be in December, but I have to close on my loan, and I have to get my final plans, so my time is... Mayor Ferre: Mr. Socarras, let me again repeat to you. I am not against this project, and I am saying to the neighbors I am inclined to vote in favor of it - I want you to understand that, from what I have seen. However, I am worried about the intensity of such a large project in what was a residential area and still is a residential area on the other side, and how it impacts the whole region. You are talking about what may be a 20 story building? Mr. Socarras: Thirty story building. Mayor Ferre: Thirty story building! That leapfrogs the whole Brickell Avenue a good four blocks, leaving ground flat spaces in between. It is a major intersection of 15th Road, S. W. 13th Avenue and one of the major streets where three or four streets come together. The intensity and the size of that building is something that is of concern to the neighbors, and I think it is of concern to the City. I would like the opportunity to look at the ... if you have a model, we will look at the model. 86 10/27/83 0 Mr. Socarras: We have everything here. 6 Mayor Ferre: We will look at the plans. I would be happy to go to your architect's office. I would be happy to do it at a public basis with other members of the Commission - anyway that you want, but I think this is a major, major step and change in the City of Miami. This is not a small move! This is one of the largest, most portentous decision that this Commission has made in Zoning at least in the last two years, and perhaps in the last four year and you know every Commissioner here at one time or another had requested that this items be deferred. I do that once in a while. I don't think I have done all this year. I want to look at this property. This is a major, major decision for the City of Miami. Once we do that, I want you to understand that along that corridor we may have other thirty -story build- ings. There is no way you can stop it once it gets going. So, it isn't just your building, it is the whole process of what happens to a whole major area, and we are in effect, leapfrogging - we are jumping from South MIAMI Avenue. The largest building near to this is not thirty stories high. It is Nick Morley's building. It is on U. S. #1, Brickell Avenue and South MIAMI. This is a good four blocks away; we are jumping over four blocks to a major intersection, in an area that is totally flat and residential, and we are putting up a thirty story building. it is a major decision and I think this requires a lot of thought. Mr. Socarras: Only a comment, because you talk about intensity and also you are talking Mr. Mayor, about the height. I want you to know that all the zoning around us, there is no height limitation. For example, when Nick Morley built his building, he could only go because of the old building code, it could not go higher. Now, because of the new building code, we are able to go higher. The intensity... and something else, by getting this rezoning, we don't need any variances whatsoever. It is not a typical development in which we are going to get rezoning and get the variances. Mayor Ferre: That is exactly what I am worried about! Mr. Socarras: But height is not a problem. Height is allowed under the code. Mayor Ferre: I realize that but you are changing the whole character of a whole area! You see, by changing the zoning, you are going into a major change! Now, I want to tell you, that as I have looked at it, the way I see it now, I am going to vote for it, but I want to make absolutely certain. Once we vote for it, there is no going back. I want you to know that once we have voted for this, that whole area changes in character. Mr. Socarras: When will be the next possible date that we can... Mayor Ferre: On the 18th. Mr. Carollo: After the election. Mayor Ferre: Well, as I stated on the record, I am going to be voting for this matter, so there is 'no question as to where I stand. Unidentified Speaker: Mr. Mayor, we think your position is fair in wanting to take a close look at it, and we agree. November 18th is your earliest date - we appreciate that offer. 87 10/27/83 S Mayor Ferre: Now, does anybody have any objections to that? Mr. Plummer: Motion made by the Mayor, seconded by Dawkins that this matter be continued to November 18th. Any further discussion? Hearing, none, call the roll. THEREUPON, MOTION TO CONTINUE was approved by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr.. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: None Unidentified Speaker: Thank you very much. We will see you on the 18th, and hopefully before so we can discuss it with anyone that is interested. Mayor Ferre: I would like the opportunity to look at the drawings and I would like to invite the neighbors at that time, so we will let you know exactly when we will be meeting on this. Unidentified Speaker: Okay fine, we will contact your office, Mr. Mayor, to make the arrangements. Mr. Socarras: Mr. Mayor, could we set up the meeting now, because I don't want to run into the problem later that we have to advise the people and there is a legal question. Mayor Ferre: All right, I will tell you what. I will be happy ... the runoff election will be over on the 15th. For myself, I have no problems meeting with you after I conclude my election on the 8th or the 9th, but there may be other members that may have a runoff... Mr. Carollo: I suggest for the record, that you speak to Xavier L. Suarez and make sure you don't have any more postponements. Mayor Ferre: I am not saying that about you, Mr. Carollo. Are supporting Mr. Suarez? Mr. Carollo: Are you supporting Mr. Perry, Mr. Mayor? Mayor Ferre: I am not, and you know that I am not! Now, obviously you cannot say the same thing the other way around. Mr. Carollo: Mr. Mayor, let me say this to you. In all the four years that I have been sitting in this chair as a Commissioner, I have always dealt with everyone head-on, not unlike some people that do not have the fortitude to do things up front and are always playing around the back. Mayor Ferre: You can speak to yourself and for yourself. Let's see if we can get a time, so the people will know ahead of time. Mayor Ferre: We have got a meeting on the 16th. I'd be happy to do this on the 17th in the morning at 10:00. Where can we meet -can we meet right here? Mr. Socarras: Right here. 88 10/27/83 9 4 Mayor Ferre: All right, how about 10:00 o'clock in the morning? Mr. Plummer: No, no. Make it 2:00 o'clock in the afternoon. I don't plan on being sober that early! Mayor Ferre: Okay, 2:00 o'clock on the 17th. Bring all the drawings, plans. We will have an open discussion. Mr. Carollo: Commissioner Dawkins can check Mr. Suarez' records to see if he can be here at that time also. Mayor Ferre: We shall see what happens. ------------------------------------------------------------ 44. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION 185 S.E. 14TH TERRACE AND APPROXIMATELY 200 S.E. 14TH STREET FROM RG-3/7 TO SPI-5. ------------------------------------------------------------ Mayor Ferre: All right, Agenda item 31. Are you ready? Cucusa, Inc., Seaplace Realty Investments NV 7 Curacao, Inc. This has the Planning Department's recommendation for approval. The Zoning Board on a 3 to 2 vote voted denial. There were 2 in favor, 12 against. Proponents present at the meeting, 2 - opponents, 20. All right, we will hear the Department first, and then we shall hear from the Applicant, who is appealing the denial of the Board. Okay, from the Department, first. Mr. Whipple: Mr. Mayor and members of the Commission, the Planning Department recommended approval of a portion of this item and denial of the other portion. Mayor Ferre: I don't understand that. You are approving a portion, and now you are approving the other portion too? Mr. Whipple: No, sir. The Planning Department recommended approval of a portion of the request, and denial of the remainder of the request. Mayor Ferre: I see. Mr. Whipple: Specifically, in referring to the illustration of the Zoning map, we recommend approval of Lots 5, b, 7 and 8, which are the westerly four lots, but recommend exclusion of Lot 4. Mr. Plummer: What about 30? Mr. Whipple: And 30 we recommended also, yes. Mr. Plummer: You are recommending for that? Mr. Whipple: For that - yes, sir. Mr. Plummer: What classification? Mr. Whipple: SPI-5, from the existing RG-3.7 The map reflects the old zoning that is before you on the board. The basis for this recommendation is the way the lots are situated. The Planning Department, for many years, along with this Commission and the City Board has maintained and recommended that the waterfront lot in the Point View area be maintained in a high density residential classification. On the other hand, we have likewise recommended, in the Brickell area, Brickell frontage, and the office district, that highrise, high intensity office development take place. We had a request come before you, or the request before you 89 10/27/83 today is prompted by the suggestion that the existing apartment structure known as the Babylon, which is located on Lot 5, which has not been occupied since its completion, that there is a desire to utilize that property for development of office and per our recommendation - combination of office and residential. It is because of this commitment that will be set forth before you today to maintain that structure as it is today as office usage with residential development on the top and by the exclusion of Lot 4 from consideration of the change of zoning which is the old Commodore Club, we believe these two facilities provide a buffer area between the intended SPI-5 potential development and the RG-3 high density residential development. You will also note that Lot 5, 61 7 and 8 actually do not directly face the water to the extent that Lot 4 does. That has merit in our estimation. that property actually faces 14th - it actually faces the site known as Helmsly Center. Now, we felt therefore, that this property should be treated in a similar manner to the property that existed to the northwest and to the southwest, and for those reasons we recommend approval of Lots 5, 6, 7 and 30. Mr. Plummer: And your recommendation further is that Lot 4 stay as it is. Mr. Whipple: Lot 4 stay as it is, yes, sir. Mayor Ferre: Is there a building on Lot 4? Mr. Whipple: Lot 4 is the old Commodore Club, yes, sir. It is a significantly historic structure that could be brought back to its natural state. Mayor Ferre: But the Babylon... Mr. Plummer: You have got to be kidding me to make it... Mayor Ferre: Hey, listen to me, would you? The Babylon, which is 5, 6, 7 and 8... Mr. Plummer: No, no, the Babylon is only on 5. Mayor Ferre: How could it only be on 5? Mr. Plummer: That's what I said, it is only on 5. 6, 7 and 8 are vacant. It is nothing but a vacant lot. Mayor Ferre: Babylon is only on 5? Mr. Plummer: Only on 51 Mayor Ferre: That building sits on that little piece of ;property? Mr. Plummer: Maurice, if you walked it as I did, you have about this much space to get a car down what they call a driveway. It is incredible'. Mr. Whipple: It has less than 50 feet of frontage ves width in the back, even though it has 100 feet of diagonai on Lne Tront, it probably only averages about 60 feet. Mr. Plummer: I want to disagree with Mr. Whipple's statement about ... maybe Alan Bliss' buildings, the Commodore Club does have historic, but I want to tell you that any fool that went in there to try to restore that to its historic value - is there such a fool here? I am sorry if he is. I've got to tell you, that place is an accident looking for a place to happen. 90 10/27/83 0 4 Mr. Whipple: The interior is not been changed to that great an extent. The porches were added which could be renovated back to their original state. Mr. Plummer: The whole back was added. Mr. Rlake' Prnm a historic standvoint. without commenting on the technicalities of it, if the front facade was restored to its original facade, and the back facade was restored to its original facade, it then would Qualify. Mr. Plummer: Tim, let me tell you - I am not a construction man, but I've got to tell you it would take five times the amount of value that that building is worth for somebody to restore it to its original ... I mean, a man that did that, only Alan Bliss and his love for that building would pour that money into that building. No one else could financially pour that kind of money into it. Mayor Ferre: All right, Counselor. Mr. Robert Traurig: Mr. Mayor, for the record, Robert H. Traurig, 1401 Brickell Avenue. I am here only to talk about the Babylon. The other parcels that are within this application are represented by others. Mr. Bliss will represent himself with regards to Lot 4. I am representing Babylon regarding Lot 5, and I believe Mr. Friend is representing the owners of Lots 6, 7 and 8. Mr. Plummer: Mr. who is representing them? Mr. Traurig: This gentlemen, Mr. Friend. Mr. Plummer: Okay, for the record, the owner of Lot 4 - you are not representing? Mr. Traurig: No, Mr. Bliss will represent himself. Mr. Plummer: Alan, you are representing yourself? Mr. Traurig: Right. Mr. Plummer: You, for the record, the disclosure form that is put forth, who does it show as the owner of record of Lot 4? I want to get that clear, because there was some court action in here, and I want to know as the day of the hearing, who is the owner of record of Lot 4. Ms. Janet Cooper: While Mr. Perez is looking for that ... Mr. Mayor, Janet Cooper, attorney, with offices at 169 East Flagler Street, representing the homeowners in the Point View area. This has become one of the most complicated zoning applications I have seen in the seven years I have been here because of all the various interested parties, and because of the diverse interests. We have been working very diligently to come up with something that would be suitable and pleasing to the various people involved, and I believe that we are well on the way. Earlier this morning, Mr. Bliss, Mr. Traurig, Mr. Friend and I agreed that we would come before you and ask you to vote yes on the item without hearing any discussion on it in an attempt to give us an opportunity before the Second Reading on November 18th to further resolve matter and to work on it without having to stand here and sling mud, which unfortunately, if we get down to it, it may turn into it - very likely will turn into it. In an effort to preserve the congenial atmosphere which now exists between these parties, we wanted to avoid that. This afternoon I learned that Senator McKnight has an interest in this and wanted to have his say, and even wanted to have an opportunity to look at it and wanted a deferral. 91 10/27/83 The people of Point View are not really concerned about whether it is a deferral, or whether we don't get into the matter, and just have a yes vote on First Reading with certain understandings and conditions. Mayor Ferre: Well, what are those understandings and conditions? Ms. Cooper: Okay, the understanding and the conditions were that the objectors would not raise any objections that they would be entitled to raise today, and that in the event... Mayor Ferre: Is that acceptable? All right, into the record, your name and each person - I'm talking about the property owners now. Is that acceptable, Counselor? Your name, and is it acceptable. Mr. Richard Friend: For the record, my name is Richard Friend. I am an attorney with offices at 800 Brickell Avenue. I am here to represent the owners of Lots 6, 7, 8 and 30, and that is acceptable to me. Mr. Plummer: Who are the owners of Lots 6, 7, 8 and 30? Mr. Friend: Point View Towers, if I might then further disclose, I am representing three parties. There are two owners and a perspective contract purchaser. The gentlemen's name is Mr. Larry Silverstein. Mr. Plummer: That is not a part of the application. Mr. Friend: Okay, I am here on his behalf as an observer. The actual name of the two owners is Point View Towers of Curacao, and Seaplace Realty Investments NV, and Point View Towers of Curacao, NV. Mr. Plummer: For the record, are both the sole owners of that Manuel ? Mr. Friend: On information and belief, that is correct. Mr. Plummer: No, sir, I am not asking that. Is he present? Mr. Friend: Oh, no. He is not present, he is in Switzerland. Mr. Plummer: According to this application, he is the sole owner. Mr. Friend: That is correct. Mr. Plummer: That is correct? Mr. Friend: As far as I understand, yes, sir. Since he is not...I have not spoken with him and that was confirmed by his counsel to me, that is the extent of my knowledge. Mr. Plummer: Is that Mr. West? Mr. Friend: No, it is Mr. Cassel - Glenn Cassel. Mr. Plummer: According to document, on record it looks like an R. C. West. Mr. Friend: That is the gentlemen who signed on his behalf. He is being represented by Broad and Cassel in connection with the sale of his property to my client. Mayor Ferre: I asked you to stand and answer a specific question, because Ms. Cooper made a statement I want to 92 10/27/83 0 G make sure that the two attorneys and the owner of record of all these properties make a statement into the record. Now, the question is, is this acceptable to you? Mr. Friend: The answer was and continues to be yes. It is acceptable. Mayor Ferre: Let me explain to you what it is - I can't to speak for anybody else, but it is my intention to vote for this today on First Reading, as I see it at this time. All right now, but I want to make sure we get these stipulations in. Ms. Cooper: There is one more after that. Mayor Ferre: You say it is...wait a moment! You say that is acceptable? Mr. Friend: That is correct. Mayor Ferre: All right now... Mr. Traurig: Mr. Mayor, I would like to make a preparatory statement. We filed the application for SPI-5. Before this Board, we were asked, first by Janet and a number of others whether or not we would compromise and accept less than SPI- 5. Ms.Cooper: That was part of my second point, if I may address it as a whole. Mayor Ferre: Wait a minute. Janet, look, so we don't get confusion around here, you stipulate, you said...so we don't get into a long drawn out thing, you said "Vote on it on First Reading, on Second Reading we will discuss it, but there are two points I want to make". Now, you made your first point. I want to get it into the record, do they accept your first point? Ms. Cooper: Fine. Mr. Traurig: The point that I want to make is that we indicated that we would preserve the existing building and in order to do that,.we would reduce the request from SPI-5 to RO-3.7, and we indicated that we thought that that was a fair solution for the neighborhood, in view of the fact that we wanted offices. We didn't want to build a larger structure. I just want that record to be clear on Mr. behalf, because we want this Commission to know that we are not going to back off what we have already committed to this Commission. With regards to whether... Mayor Ferre: Is that acceptable? Ms. Cooper: We would like to have the opportunity to negotiate. The second condition, if I may directly relate it to this, is that if you approve it on First Reading for SPI-5, none of the property owners will object after the Second Reading, if at the Second Reading you decide to give them, for example, RO-3.7, or something less. They would waive any objection to that down ... it is not down -zoning, because it is really an increase in zoning, but less than SPI-5 on only one reading, and they all previously indicated to me that they would agree to that. Mayor Ferre: Into the record, mr. Traurig, to your client. Mr. Traurig: Well, my client has just advised me that he feels that if there are going to be issues raised, he would prefer those issues to be raised now, so that everyone understands the issues, rather than at a later date, and 93 10/27/83 6 6 that is a little different than my original discussion with Janet, but I would like her and this Commission to know that.... Mayor Ferre: Fine. I have... Mr. Traurig:....the client has just reached that conclusion. Ms. Cooper: In response to that, I would say that all the issues are on the table in our negotiations that are not before you. There is nothing that is being held back and I am merely asking for this solution in order to preserve the atmosphere in which some sort of settlement and agreement can be reached. Mayor Ferre: Janet, I can only request - I can't force these three property owners, so I am asking on the record now, whether those two stipulations are acceptable. As I understood Mr. Traurig, he said they are not. Mr. Traurig: We would have no objection whatsoever to the action which she seeks this Commission to take. If she would say on the record that failing the solution that she wants, she won't object to the solution that she originally proposed to us, which was the RO-3.7, for Lot Number 5. Ms. Cooper: The reason why our discussions have not culminated a this point in a firm agreement regarding Lot 5, is because what happens on Lot 5 affects the other property, and we are trying very hard to resolve it between all the parties. What makes this so complicated is so many parties. The people at Point View are inclined to go along with what we have discussed, Mr. Traurig, on Lot 5, however, since it does affect the rest of the properties, we cannot make a firm commitment at this point until we at least understand our position with regard to the other properties, specifically, 6, 7, 8 and 30. We were contacted only a few weeks ago by Mr. Friend regarding 6, 7, 8 and 30. We have worked diligently. I was with a representative of Mr. Silverstein until after 11:00 o'clock last night and on the phone with Mr. Friend for a good portion of that time. We have done everything we possibly can to work it out. We just need more time, and that is all I am asking for. Whether you grant it in the form of a deferral, or vote yes on First Reading today is immaterial to me, I just don't want to have to get into mud slinging. Mr. Traurig: We can't have a deferral, because if we have a deferral, it will result in the application being dismissed, because we will have extended beyond the permitted time. Ms. Cooper: Not if you hear the First Reading on November 16th and the Second on the 18th.. You have until Thanksgiving or the day after. Mayor Ferre: No, no, look... Ms. Cooper: So I don't care which way. I really just don't want to have to get into the issue. Mayor Ferre: We have already deferred this thing once, and at this point I think it is time for this to proceed one way or the other. Now, I don't mind doing it without too much discussion. She is got two questions - you have answered. I don't see that you are that far apart. Mr. Traurig: We are not far apart at all. We have talked often and we have, I think reached a meetings of the mind. The only difference between us is that I was hopeful that she would acknowledge that the RO-3.7 is an appropriate use 94 10/27/83 for this parcel, which will be more or less the buffer between the existing residential development and Point View and anything that occurs to the west of us, Janet has already indicated that she is not prepared to make that kind of a commitment to us. We don't have any objection to an approval of the SPI-5 of course, but that is more than what we wanted. Mayor Ferret All right. Ms. Cooper: You see why I am saying it is so confusing, Mr. Mayor? Mayor Ferret Go ahead. Make your statement into the record, now. Mr. Alan Bliss: My name is Alan Bliss, I reside at 1402 S. E. Bayshore Drive. I am willing to have the yes vote and discuss it later on, and Commissioner Plummer, you are wrong, that building is still solid and the balconies are self standing, they can be taken right off. Mayor Ferret All right, Mr. Bliss, we are... Mr. Plummer: Mr. Mayor, for the record, Mr. Bliss, I have to tell you sir, that this application that is presently before us is incorrect. I will ask the City Attorney who the owner of record and the disclosure form is, and their reference to Lot Number 4. Mr. Bliss: I signed an affidavit. Mr. Plummer: Mr. City Attorney, who is the owner of Lot 4. Mr. Garcia -Pedrosa: According to the Disclosure of Ownership form, Vice -Mayor Plummer, which is dated June 10, 1983, the owner of Lots 4 and 5 is Cucusa, Inc., whose sole share holder is Ray Corona. Mr. Plummer: All right sir, so then Mr. Bliss has no standing before this Commission today. Mr. Garcia -Pedrosa: Not according to this disclosure form, no, sir. Mr. Plummer: Thank you, sir. Okay, where are we? Mr. Traurig: That disclosure form was the original disclosure form that was filed subsequent to which new disclosure forms were filed on Lot 5 and then another one on Lot 6, 7, and 8. No additional disclosure form was filed by me on behalf of 4, and I don't know whether or not Mr. Bliss did. Mr. Plummer: I asked the Department for the clarification. These are the documents that were given to me. If the Department is wrong, I will stand corrected in their behalf, but as it stands before us now, the owner of Lots 4 and 5, according to the disclosure form are incorporation, not Mr. Bliss. I am clarifying the record. I know what this real matter is, but I don't want this thing coming back on a technicality. Ms. Cooper: Mr. Vice -Mayor. Mr. Plummer: Ms. Cooper. Ms. Cooper: If my memory serves me correctly, and I have not seen it since the time of your Commission meeting in July, I believe that in July Mr. Bliss also filed a new 95 10/27/83 disclosure form. That is my memory, however, the record, in Mr. Perez' office is incomplete in that it does not contain that. It also does not contain the original recommendation of the Planning Department, which recommended denial of the entire application, and did so in quite strong language. That recommendation for denial has, in fact, been removed from that folder. For what reason, I do not know, but if we are looking for a complete record, we do not have it, and I think that is crucial. Mr. Plummer: Well, I think that at this particular point, I am trying to clarify the disclosure, and as such, if this matter is heard today, Mr. Bliss has no standing before this Commission. (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.) Mr. Plummer: No, I am just saying that our files say that the owner of record is someone other than yourself, and as such, you cannot speak on behalf of that piece of property. Mr. Bliss: My memory was that I signed an affidavit - Mr. Traurig, had me sign it, and he brought it over and gave it to the Clerk that evening - early evening. I know I signed it that evening. Ms. Cooper: Mr. Vice -Mayor, I believe that the ordinance does not read that he does not have standing , but it reads that the request or petition shall not be considered to be complete, or in proper form for consideration by the City Commission, or any City Board, and therefore, it is not that Mr. Bliss doesn't have standing, but that this matter cannot be heard today. Mr. Plummer: Not as a property owner, is what I was getting at. He has a right - anybody has a right to speak before the Commission, but as far as a property owner, he cannot speak. Mr. Cooper: I respectfully disagree with your interpretation. I believe that the language used, that the entire application is then improper and cannot be considered by the Commission today. Mr. Plummer: Okay! All I want to do is get the legalities straightened out. Mr. City Attorney, I ask for your ruling on the matter, sir. Mr. Garcia -Pedrosa: The question is whether the Gentlemen could speak? Mr. Plummer: No, is this application properly before us? Mr. Garcia -Pedrosa: There is a disclosure form, and it is on record, and you can proceed on this application, based upon the fact that there is a disclosure form. Now, if that disclosure form is... Mr. Plummer: Mr. Bliss has indicated that the disclosure form that is there is not correct. He is the owner of Lot u. Mr. Dawkins: You know, let me ask the City Attorney a question. I went through this for five months with Jacarol, and everytime it was because the form was not correct, and they didn't know who owned it, and so it had to go back. Now, you know, like I say, this Commission, it has ... I don't know, we are so wishy-washy - flip-flop, flip-flop. Now that time, if the disclosure form was not accurate and on ld 96 10/27/83 time, it could not be heard. And now, Mr. City Attorney, you tell me, that if it is in the folder, whether it is incorrect or not, it can be heard! Now, which is correct? Mr. Garcia -Pedrosa: Commissioner, I don't know if there is an acknowledgment by the Cacusa, Inc. representative, if that is the case. In the Jacarol case, there was that acknowledgment by the property owner that the form was incorrect, and what I don't want to do is put the Commission in a position, in essence to have a evidentiary hearing on the matter. So, if there is a recognition, or an acknowledgment that the form is wrong, than I think you are right,, we cannot consider it. Mayor Ferre: Look, it is either or or, okay? If it isn't Bliss, it is Corona, is that right? And if it is not Corona, it is Bliss. So, what are we talking about? Mr. Dawkins: Because we said up here, that if it was not filed correctly, and the ownership was not spelled out, we would not hear it. You all took me through that for five months! This Commission took me and the Jacarol through this kind of thing for five months. Mayor Ferre: Okay, now Miller, I understand, and I respect your position, but the difference here is that in Jacarol, we never had a clarification as to who owned the property. Now, in this particular issue, there is no question that either Bliss or Corona, either/or own the property. Mr. Dawkins: I respectfully respect you and Mr. Traurig and all, but I guarantee you that if Jacarol had had Mr. Traurig, they wouldn't have had a problem. Mr. Traurig: May I clarify something, Mr. Mayor? Mr. Bliss advises me that the ownership of Lot 4 is just in his personal name. If it is, he doesn't have to file a disclosure form. Mr. Plummer: Yes, he does, as sole owner. Mr. Garcia -Pedrosa: That is true. Mayor Ferre: See, the whole question of Jacarol, was the question of ownership, as to who owned the property, which was never clarified. Here, that problem doesn't exist. Mr. Plummer: Bob, let me tell you something, and Alan, okay? I know what the story is, but I know the record is wrong, and I am not going to sit through this hearing and have somebody pull a technicality later and have to go through this hearing again, and that is what happened. All I am saying to you is, before we proceed, if we are going to proceed, let's get the record right! Mayor Ferre: Okay, go sign the document, wherever it is. He has to have a document saying ... where is this form? Does anybody have a copy of the form? Go sign the document. Ms. Cooper: Mr. Mayor, if we cannot delay the project any by having the first hearing on the 16th and the second on the 18th and have the time to straighten this out, can we conclude the matter that way and have the opportunity to not mud sling and try to resolve this matter in a fair and easy solution. Mayor Ferre: That is fine, if the three owners are willing to do that. If they are not, then we proceed. 97 10/27/83 Ms. Cooper: I will caution the owners that this is not the only technical difficulty with the application, and... Mayor Ferre: Hold on Janet, because you are not listening. Bob, I want to you listen to what Janet is saying. She wants to continue this to hear on the 16th on the 18th. Now, if everybody is in unanimous agreement to do that, I've got no problems. But, other wise, we are going to hear it now. Mr. Traurig: Mr. Corona wants it hears today, sir: Mayor Ferre: I am for that, unless we can get unanimity..if you can get everybody together, than fine, otherwise we will have to go through the whole process. Mr. Traurig: So that this Commission will understand about the original disclosure form, Mr. Corona has again advised me that what happened is that subsequent to the original disclosure form, the Court entered an order which changed the ownership. There wasn't a transfer of ownership. It was not a voluntary thing on his behalf, and what happened is, that Mr. Bliss became the owner as a result of those court rulings and he has ... did you just sign a form? Mr. Dawkins: No, it is no problem. Just like you say, he can go right over there and sign it, but let the record speak - be up to date and correct. Mayor Ferre: All right, Mr. Bliss, have you gone over and sign the paper so we can see it? Mr. Dawkins: They have gone over to get one. They have to produce one. Mayor Ferre: Okay, in the meantime, Janet I guess you may as well get going with the presentations, so do you want to start? Ms. Cooper: No, sir. I am going to do everything I can to keep my presentation as minimal as possible in an effort to retain the opportunity to solve this on an amicable basis, because if I make my full presentation, the feelings between the parties will not be the same and the attitude of the Commission, I expect will be different and the legal position will certainly be different on technical issues. I am really trying hard and I am asking all the parties here to please make the minimum presentation that they can to preserve their rights, so that we can retain the atmosphere necessary in order to solve this problem, because this problem will not end at this Commission if it is not solved to the satisfaction of the people. Mayor Ferre: All right, who wishes to make the next statement? Mr. Carollo: Do we have the ownership question clear? Mayor Ferre: Yes. Mr. Carollo: Is it clear for you, Janet? Ms. Cooper: With regard to those issues that have already been raised. Mayor Ferre: Mr. Bliss is going to sign the proper document stating that he is the owner of record this time. What occured was is that the courts entered - it started out one way and it ended up the other because of court action and Mr. Bliss ended up again being the owner. 98 10/27/83 0 0 Mr. Plummer: And Mr. Corona stipulates that is true. Mayor Ferre: Mr. Corona and Mr. Traurig, for your client, did Mr. Corona stipulate that what Mr. Bliss is saying is so? Mr. Traurig: That he is the present owner of the property, as a result of that court action? Mayor Ferre: Yes. Mr. Traurig: The answer is yes. Mayor Ferre: All right, now, are we ready to proceed? Go right ahead. Mr. Traurig: Mr. Mayor, you have heard this matter twice. We made a presentation which acknowledged that the property which was the subject of this hearing really fell into more than one locational category. We acknowledge that the property that was fronting on 14th Street really was a bit different than the property fronting on Bayshore Drive, that being Mr. Bliss' property. The presentation that was made said to you basically that all we want to do with the Babylon property is to convert so that it is partially residential and partially office. In view of the fact that it is not really marketable as a residential building, and because the Sunshine State Bank and its affiliates wanted to use the second floor of the building for some banking operations, floors above that for some executive offices and the top floor for residential purposes, it was suggested in these chambers that that was a proper utilization of the property; however, there were some concerns on the part of Ms. Cooper and others regarding traffic and water and sewer, etc. We would like this Commission to know that in the event you approve this application, there will be a lower demand for water and sewer service in this area, because offices require less utilization of those utilities and the consumption rates are lower. With regards to the traffic, we indicated that we would control the traffic through signage, etc., and that we would direct our traffic onto 14th Street and westward on 14th Street, and not through the Bayshore Drive community. We pointed out also, and this is as to Lot 5, that we were prepared to give to this Commission, and we have a Declaration of Restrictive Covenant in which we confirmed everything that we said, and that is, that the building presently on the property shall be preserved and not be structurally modified, except as is necessary, both internally, and externally to convert the structure into a building with a combination of office and residential usage. and that building may be used for any use permitted in the SPI-5 classification, except that the top floor shall contain residential uses only. By doing that, what we were saying basically, is that if you rezone this property from the RG-3.7 to RO-3.7, we would utilize it partially for residential, and partially for offices, but not exceed the development potential of an RG-3.7 site, and that we would preserve it in that manner. -rnat was suggested by members of this Commission, I believe. It was confirmed by private conversation and by some public statements made by Ms. Cooper and others, and we proceeded to try to work out the RO-3.7• I have had a number of discussions with both public officials and with the private individuals involved, and we submit to you that that is a reasonable solution. We don't need on Lot 5, the SPI-5, which I think Janet rightly pointed out, would give us an excess development potential which would have been inimical to the interests of the residential condominium owners along the Bayshore Drive corridor, so we urge you to rezone this property to the RO-3.7, the result of which would be, that 99 10/27/83 0 we will not be doing anything other than changing the uses of the property so that a portion of the building could be used for offices, primarily for a banking headquarters. Thank you. Mayor Ferre: All right, statements by Mr. Bliss? All right, Counselor, you are next. Mr. Richard Friend: For the record, my name is Richard Friend, Attorney, with offices at 800 Brickell Avenue. I concur with what Mr. Traurig has said concerning his client's Lot 5, and I wish the record to be clear that his remarks are confined to Lot 5. I think there is very little that we need add to what Mr. Whipple informed us about earlier. I think that if you note from some of the aerial photographs that we have over here, you can see that the area itself is not, in terms of the property that we are concerned with, is not residential, clearly. Also, if you note from the colored maps, this is the blue area, with the exception of this, which is the Babylon, is the existing SPI-5 zoning area. This area in here is the area in which there was a confirmation this morning, as Item 6, that it is not SPI-5. The results of what we have asked for in terms of SPI-5 for the lots in which I am concerned, would, I believe, create a more natural demarcation between the SPI-5 and the RG-3.7, because of the fact that the entire area over here is all SPI-5. The leaving the area in which we are concerned in anything less than that creates a pocket, which in inappropriate for the uses that are natural for this area and given the way developments are now, being put on the drawing board, I think it is a natural that this area be SPI-5. I think you can see also with this aerial photograph, the yellow dotted lines, with the exception of this area, which is the property of which I speak. This is all SPI-5. By putting this diagonal line through here, to smooth out and create a more natural demarcation, I believe that the property will be more appropriately utilized for its best usage. Any questions? Mayor Ferre: All right, Mr. Bliss? Mr. Alan Bliss: My name is Alan Bliss. I reside at 1402 S. E. Bayshore Drive. The picture that shows the property there shows the Commodore Club facing Mr. Helmsly's large property of five to seven acres, I believe, and as far as waterfront, it is this small section of water between the two properties, but we, as much as anybody else are no more waterfront than Mr. Helmsly's property is, which is commercial. What I have left on your desk is a letter from Paul Thompson of Dade Heritage. They haven't had time to really have a board meeting. He explains that he thinks that the building is a very important building, and it should be saved. Last Sunday I spent less than an hour and got a petition signed by the ten units next store in Brickell Bay Towers, which is the building that most concerns our property, as their building is 300 foot long and 130 foot high, and anything on the other side of it doesn't have much view of the club or anything else. The traffic is another story. We have less than half an acre, approximately one-half an acre, and the traffic that is going to be developed by Mr. Helmsly's 6,000 or 7,000 square feet, and the property on Lots 6, 7, and 8 is going to be so massive compared to what we would generate that the traffic is not a problem with the club. What I hope to do, if it is rezoned office, and the SPI-5 is way higher than what can possibly be built on a half acre, I think the number three is higher than we can get on that land with the odd shape lot, is to preserve the facade of the club, the back section of the club be removed, and office building built where that the entrance of the Club is the entrance into the 100 10/27/83 0 0 office building. The short drawing I have there is not apropos to height. We have no idea what we can get until we can get a much smaller building on the last half of the lot with a narrow lot and we obviously can if we had the full lot, which a condo developer would do and take the club down. There is also a letter from the gentlemen that came the last meeting and spent all day and was here this morning that had to leave. He wanted me to read it. It is from Kenneth Pagano. He says: "My concern in writing this is that we must save some of the old buildings in Miami's past that are being torn down to make ways for high-rise monstrosities. The present Commodore Club, built by on Point View and fondly called Millionaire's Row is the last of the homes built on that plot and should be saved if possible. There was a woman in New Orleans............ that fought the powers that be to save the French Quarter and won. If she had lost, there would be no French Quarter, and that would be a tragic loss. Think for the future, and not just today. Most everything gives way. The Douglas Entrance in Coral Gables was saved by the skin of its teeth because of a few concerned people who fought for it. The Commodore has gotten awards from the Dade Heritage Trust at the same time as did Viscaya and the Douglas Entrance in Coral Gables. When we lose touch with the past, we lose our sense of direction. Once lost is lost forever." .... Kenneth Pagano. If that remains high-rise condo, there is no question that a developer will move to the front of the lot for several reasons. One, the lot is wider there. He can get a bigger project on there. Right now, Brickell Bay Towers, at 10:00 o'clock the other morning, the shadow cast by Brickell Bay Towers covered the entire back two-thirds of the Commodore property. Nobody is going to want to build with the Commodore - a residential area where there is going to be shade all during the winter months, cool for even a residential area. I don't believe that that half acre can possibly over -shadow an area that is as I say, is 300 foot long, and 130 feet high, and that towers over the small Commodore Club there. But offices...right now, the only way ... if we could get a party in there that would keep it as a private club, we would do so, but I think that right now our only change of saving the building is as office and club combination. Thank you. Mr. Plummer: For the record, Mr. Mayor, I am handed a disclosure form that has been filed previously by Mr. Bliss. Unfortunately, it was filed with the Clerk and there was no copy made available to the Department. Obviously that is where the faux pas was. There is a disclosure form showing Mr. Bliss as the owner, so let the record stand corrected. Mr. McKnight. Mr. Robert McKnight: Thank you, Mr. Vice -Mayor and members of the Commission. My name, for the record, is Robert McKnight. I am an office of Planned Development Corporation. We own property immediately adjacent to the property before you. Mr. Vice -Mayor, I would like to start out by going back to a point, I believe Commissioner Carollo brought up in discussions with Ms. Cooper. You may recall Ms. Cooper, in addition to raising the question regarding the ownership, also raised the question that frankly I didn't know about until she brought it up, and I would like a ruling, if the Chair is willing to seek it, on the asser- tion that the file is incomplete, in that Ms. Cooper indicated that a critique by the Planning Department, a ld 101 10/27/83 0 0 office building. The thort drawing I have there is not apropos to height. We have no idea what we can get until we can get a much smaller building on the last half of the lot with a narrow lot and we obviously can if we had the full lot, which a condo developer would do and take the club down. There is also a letter from the gentlemen that came the last meeting and spent all day and was here this morning that had to leave. He wanted me to read it. It is from Kenneth Pagano. He says: "My concern in writing this is that we must save some of the old buildings in Miami's past that are being torn down to make ways for high-rise monstrosities. The present Commodore Club, built by on Point View and fondly called Millionaire's Row is the last of the homes built on that plot and should be saved if possible. There was a woman in New Orleans............ that fought the powers that be to save the French Quarter and won. If she had lost, there would be no French Quarter, and that would be a tragic loss. Think for the future, and not just today. Most everything gives way. The Douglas Entrance in Coral Gables was saved by the skin of its teeth because of a few concerned people who fought for it. The Commodore has gotten awards from the Dade Heritage Trust at the same time as did Viscaya and the Douglas Entrance in Coral Gables. When we lose touch with the past, we lose our sense of direction. Once lost is lost forever."....Kenneth Pagano. If that remains high-rise condo, there is no question that a developer will move to the front of the lot for several reasons. One, the lot is wider there. He can get a bigger project on there. Right now, Brickell Bay Towers, at 10:00 o'clock the other morning, the shadow cast by Brickell Bay Towers covered the entire back two-thirds of the Commodore property. Nobody is going to want to build with the Commodore - a residential area where there is going to be shade all during the winter months, cool for even a residential area. I don't believe that that half acre can possibly over -shadow an area that is as I say, is 300 foot long, and 130 feet high, and that towers over the small Commodore Club there. But offices...right now, the only way...if we could get a party in there that would keep it as a private club, we would do so, but I think that right now our only change of saving the building is as office and club combination. Thank you. Mr. Plummer: For the record, Mr. Mayor, I am handed a disclosure form that has been filed previously by Mr. Bliss. Unfortunately, it was filed with the Clerk and there was no copy made available to the Department. Obviously that is where the faux pas was. There is a disclosure form showing Mr. Bliss as the owner, so let the record stand corrected. Mr. McKnight. Mr. Robert McKnight: Thank you, Mr. Vice -Mayor and members of the Commission. My name, for the record, is Robert McKnight. I am an office of Planned Development Corporation. We own property immediately adjacent to the property before you. Mr. Vice -Mayor, I would like to start out by going back to a point, I believe Commissioner Carollo brought up in discussions with Ms. Cooper. You may recall Ms. Cooper, in addition to raising the question regarding the ownership, also raised the question that frankly I didn't know about until she brought it up, and I would like a ruling, if the Chair is willing to seek it, on the asser- tion that the file is incomplete, in that Ms. Cooper indicated that a critique by the Planning Department, a Id 101 10/27/83 0 0 review of this application, is in fact, missing. Once again, Mr. Traurig made it clear that this has been before us before and my question, respectfully, Mr. Vice -Mayor, is if in fact, you can have this before you for consideration, if some of the file is incomplete. Perhaps the Planning Department can confirm the incompleteness - a suggestion. Mr. Plummer: Mr. City Attorney is asked for a ruling. Mr. Garcia -Pedrosa: Well, Mr. Vice -Mayor, I don't know that the file is incomplete, but I think the answer to the question is yes. Normally, you don't get the Planning Department file anyway. It is available, but it is not fully reproduced in the package. You could not possibly have everything the Planning Department gets, or you would have a packet that reaches to that ceiling on some of these applications. Mr. Plummer: Then you are ruling that it is legally before US. Mr. Garcia -Pedrosa: Yes, sir. Mr. Plummer: Does that answer your question? Mr. McKnight: All right, Mr. Vice -Mayor, just following... yes, it does, and I thank you, and Mr. City Attorney, I thank you for your ruling. Mr. Vice -Mayor, again for clarification before my remarks... Mr. Plummer: Excuse, me. I am sorry, were you asking a question? Mr. McKnight: Yes, sir, I am. Mr. Plummer: And that question again? Mr. McKnight: Okay, I will repeat it. I really did not have a chance to place it. Again, on this same point, which I think is fairly serious, before I get to my remarks - Ms. Cooper made the point the application you have in front of you, if you will look at once again what the staff has provided you, and Mr. Whipple made a very appropriate presentation, suggesting now that the Planning Department is suggesting concurrence. Mr. Plummer: Partially. Mr.. McKnight: Partially, thank you. Ms. Cooper made the point on a previous occasion...the Planning Department, in fact, proposed totally, and that consideration of this application is missing, and I would just like to ask the Planning Department if they might take the microphone and either confirm or correct that particular assertion. Mr. Plummer: Mr. Whipple? For the record. Mr. Whipple: What has been indicated is correct. The Department did have a recommendation for denial going into the hearing probably back in December when the application was first filed. In between that time, certain information came to our attention, and we reviewed our posture on it, and rethought our position, and did change our recommendation for the later hearings I believe, on into July, whenever it came up at that point. There is about a six month gap. During that gap, we had discussed with the applicant the ability to save the building and to find out a little more what was intended to be done with the property, which we had not been privy to that information earlier. So yes, there was that change. Id 102 10/27/83 6 0 Ms. Cooper: If I may address that issue briefly. That is correct, as far as the fact that there was a change in the recommendation. I think that when such a situation occurs, that it is only fair that the fact sheet that is presented to the Commission should indicate the initial recommendation and then the change with perhaps an explanation for the change. That was not done. In addition, I would like to certify that within the last...that this week I inspected the files in the Planning Department Administration office, that it did not contain the recommendation of denial on the fact sheet or in anything separate, any separate documents that... Mr. Garcia -Pedrosa: This is a recommendation that was dated... Ms. Cooper: ... this creates an incomplete application in which if Mr. McKnight or someone else had gone to look at the application would not be fully apprised of it and I believe that it is significant that it is out of the file. I believe that it is significant that it was not presented to you. Mr. Plummer: Mr. City Attorney, I am just going for clarification to ask you once again. Ms. Cooper has indicated she feels there is a significant omission. Does it have a bearing on this application as it stands before us today? Mr. Garcia -Pedrosa: Well, it does not make it improper for you, for the Commission, that is, to consider and decide this matter, if that is responsive to your question. Mr. Plummer: I think it is. Mr. Whipple, did you want to say something, sir? Mr. Whipple: Yes, sir, just from memory, Mr. Vice -Mayor, the procedure that we usually use, if in fact it has been subject to a public hearing and to scrutiny, then fine, it is part of the file. To my recollection, because of having this pulled off the agenda for short Board, it would be normal for us to just replace it. Otherwise, we would do as Ms. Cooper has suggested, we would revise a fact sheet if it had been subject to that public hearing. Mr. Plummer: Senator McKnight? Mr. McKnight: Yes, Mr. Vice -Mayor, that clarifies_ it. I think as long as the Commission is aware that the data that you have before you, at least at this time, is in fact somewhat incomplete. Once again, I respect the wisdom of the Commission. Mr. Vice -Mayor and members of the Commission, let me make comments and remarks very brief. First of all, I would like to say, as an adjacent property owner, we were not noticed regarding this consideration. I have checked with the Clerk. It does reflect a mailing to us, and I will therefore assume that there was some kind of an administrative error, but I will repeat again, a very substantial property owner was not noticed on this matter, nor have we been consulted regarding this entire matter until yesterday, as a matter of fact. Mr. Mayor, and members of the Commission, let me remark as follows - first of all, I would remind you, if you review the data in front of you, this very same application that Mr. Traurig indicated to you, was opposed to, and as a matter of fact, as the Mayor read in the record, there was 32 opponents to this consideration at the time; only 4 proponents. The Zoning Board also denied it. I would want to remind you of Mr. Traurig's remarks and I believe if I understood Mr. Bliss correctly, both of those applicants, Mr. Bliss, and ld 103 10/27/83 -- ib i Mr. Traurig, representing his client, are suggesting a more moderate floor area ratio than that being suggested by Mr. Friend. For some reason, I have the impression that you in turn might have the impression that all the parties are asking for the same thing. In fact, that is not the case and in fact, a a minimum, we would vigorously oppose the application of Mr. Friend to triple the zoning in a residential area, and then open it up for commercial development, and I will continue my remarks in just a second on that point. I am repeating again, least you think all of the these applicants in front of you are all in agreement asking for the same thing, they are not! There is only one asking for a tripling of the zoning, and at a minimum, I certainly would vigorously oppose that for the reasons I would like to identify in just a second. First of all, this area, identified in, as Mr. Whipple did, has clearly been residential. I found a remarks of Mr. Friend curious, and perhaps almost comical, suggesting that the boundary line, a more natural demarcation point, would just curiously curve right around the property that apparently his client is seeking to acquire under an option. Gentlemen of the Commission, this boundary has been in place for some time, and I would invite your consideration to your local government comprehensive plan. I had something to do originally with drafting this in the Legislature in 1975. If you look at that guideline, and I want to again refresh your memory, because in the times I have been down here working with your Planning Department, and a fine one, I might add, they have been very consistent in trying to stay within this boundary, that you, the distinguished members of the Commission originally set up. I you look at the bounda- ries, it doesn't curiously circumvent around the property that Mr. Friend's client is seeking a rezoning of, but in fact, it is the same residential zoning that has been there for some time. I would read to you and invite your consideration of the actual language of the comprehensive plan, which once again has been adopted by this Commission. The purpose of the comprehensive plan, which has identified all that area as residential zoning, is to provide an official guide to future development in the City of Miami, and I quote the State Comprehensive Planning Act of 1975 regards the plan be adopted by July 1, 1971, and quote "No public or private development shall be permitted except in conformity with comprehensive plans or elements or portions thereof" ... and Mr. Mayor and members of the Commission, I realize this is not sacrosanct. I realize there are circumstances and instances where you might want to consider alternatives to the requirements of the comprehensive plan and in turn, your zoning. But, I will remind you again, you have got one applicant of these three before you that are simply seeking to triple the zoning and convert it essentially to a commercial area. Again, it seems that Mr. Bliss and Mr. Corona are suggesting alternative, or compromise, which perhaps would be acceptable and as adjacent property owners, we would be very happy to work with them. I would remind you, Mr. Mayor, and Commissioners, that there has got to be a line where you finally draw the line and establish a zoning criteria. For you to propose today to triple the zoning... Mayor Ferre: Does that mean, Senator, once you get yours, you want to pull the ladder out behind you? Mr. McKnight: Mr. Mayor, I spent a great deal of time working with you, your colleagues and the members of your Department on trying to come up with a compromise on the original zoning for Brickell Avenue and although it wasn't everything we wanted, we.. Mayor Ferre: That was meant in jest, Senator. ld 104 10/27/83 0 a Mr. McKnight: Okay, well, I appreciate your comment, but I feel very strongly about the point - I am not so sure what Mr. Traurig and Mr. Bliss are proposing to you is that incompatible. We have a favored a more realistic density, but I think really that sandwiched right in the middle of a residential area, a tripling of the zoning, the floor area ratio, is a bit out of the question. Thank you, Mr. Mayor. Mayor Ferre: All right, sir. Mr. Whipple: Mr. Mayor, for the record, I did make an incorrect statement earlier, which was pointed out to me. In fact, the previous recommendation was subject to a review by the Zoning Board prior to its deferral. Mayor Ferre: All right. Mr. Whipple: I stand corrected on that. Mayor Ferre: All right, Janet, now it is your turn at bat. Ms. Cooper: I am going to bunt! Is that the right word? Mayor Ferre: Yes, that's the right word. Ms. Cooper: First of all, I would like to remind this Commission that I represent the Point View Association, which consists of approximately 1,000 residential units in this area, many of which have been there over 20 years. There are probably some 1,500 people. Great numbers of them were here in July. I think you remember them sitting in the audience with little yellow signs saying that they should keep Point View residential and you see only one gentlemen here today - Bernard Kopel, who is the acting president of the Point View Association... Mayor Ferre: Mr. Kopel can represent 1,000 of them very well. Ms. Cooper: We asked him not to be here because we thought everything was resolved. Also, in July I presented to you a number of pages containing 246 signatures of residents of this area who were opposed to any office or commercial intrusion into the residential area. Today I submit to Mr. Ongie for inclusion in the record 7 additional pages containing an additional 98 signatures. There are more that were not brought here today because we did not think we would be going to be making this presentation. You should be aware that the original recommendation of the Planning Department was for denial and I am quoting from the Zoning fact sheet which is missing from the official files, but which luckily, I had in my file, which says their recommendation for denial of the entire application was based on the following reasons: 1. That change would constitute an encroachment into the stable high density multiple residential area, creating a precedent for further rezoning. 2. The change would be in conflict with the adopted City Comprehensive Plans for the Brickell area which was what Mr. McKnight was emphasizing. 3. The change would adversely influence living conditions in the residential neighborhood, since the intensity of development is higher and the traffic congestion will increase even more along S. E. 14th Street, and we would like to add that it would also increase significantly on South Bayshore Drive. 4. The change is out of scale with the needs of the neighborhood and the City, since there is Id 105 10/27/83 sufficient land all along Brickell Avenue zoned RCB, now SPI-5 5. With regard to the traffic, Mr. Campbell didn't have his opportunity to make the Planning Department's recommendation before you and I would ask that you ask him to do so. Would you like him to do so now? Mr. Campbell? Mr. George Campbell: When this came up before the Zoning Board, we made certain recommendations and I will read from the recommendations that we made. This, by the way, was for a full SPI-5 on this on that whole property. "This will contribute to a portion of our sewer system, which is already designated "overloaded" by the SPI-5. This change will further overload this system. It may have a detrimental effect on downstream trunk mains, which have survived the initial SPI district impact." They go on to say "If this is considered as a trend spreading south along Bayshore Drive, it will have an overloading effect on the 18 inch interceptor on Bayshore. We have since this time requested that the Department of Water and Sewers investigate both by visually by pulling manhole covers at various times of day, and installing flow meters to check and see just where this is. When we say it is designated overloaded, this is based on design criteria for the size of pipes and the size of buildings and the contributions from the various buildings. As we have stated before, we are quite concerned and we are of the considered opinion that when we achieve buildout in the area generally, this SPI-5, that we will have a situation on our hands which will require rebuilding of all the sewers, at least north of 14th Street in order to accommodate the zoning. Mayor Ferre: Okay, Janet, do you want to... Ms. Cooper: At a previous meeting, Mr. Campbell also referred to traffic being ... well, he said that it would have a seriously adverse impact on traffic in this residential neighborhood. Basically, at this hearing, I am going to reserve the right to raise many of the issues that I am not going to raise now. It is important for you to know that the people in Point View are opposed to commercial and office use in their area for valid and significant reasons because we didn't have a very strong presentation and in the effort to preserve the opportunity to resolve this in a manner that is satisfactory to everybody. I am going to leave it at that. I am going to attempt to resolve the matter and come back to you at the next hearing with a solution that pleases everyone. If we can't do that, we will be here for a little longer next time. Mayor Ferre: I want to say into the record, so that the 3 different groups will be so advised, that I plan to follow the good advice and offices of Janet Cooper, and I think I speak mostly, sir, to you, because I don't think there is any problem with either or Mr. Bliss, even though the problem with Bliss is with the Department, and I don't think there is any problem with Mr. Traurig, because since he has an existing building, he could live with a little bit less. The problem is with your clients in the tripling of the size and their I subscribe to what Senator McKnight, so I just want to say that I realize the direction this is taking, I know what Janet is talking about, and I am just on the record implying to you where I stand as of right now. Now that doesn't mean that ... this can all change as we move along, but that is just one manns opinion. Mr. Friend: If I may address your last remark. ld 106 10/27/83 Mayor Ferre: Yes, sir. Mr. Friend: Prior to our discussion this afternoon, and based upon our conversations of last evening, we had (3 of us) had expected today's hearing today to be rather brief and we would have all requested a favorable vote pending our working out a solution, if that would be acceptable to all parties, prior to the Second Reading. It is still my expectation on behalf of my client, that we will continue to attempt to work out some type of compromise, which will accommodate the needs of Ms. Cooper's clients. From my viewpoint, the reason that we got into some detail over this was the unexpected opposition of Senator McKnight. That came as a surprise, I think, to the three of us. I would like to request that the petition be voted upon favorably, pending our working out a compromise prior to the Second Reading reading, and we will be working in that period to accomplish that compromise. Mayor Ferre: All right, Mr. McKnight, and I think this gentlemen wanted to say something. Mr. McKnight: Mr. Mayor and members of the Commission, for the record, I appreciate the willingness of Mr. Friend to try to work something out. For the record, he approached me before this meeting and asking me not to object to this, so it was not actually a surprise until I found out about it yesterday, but in any event, Mr. Mayor, I would suggest in the interest of fairness, and a compromise, I believe all the applicants, except for Mr. Friend, are proponents, of RO-3.7, if I have the designation correctly. That is a more modest zoning, that is one I believe Mr. Bliss and Mr. Traurig favor, and Mr. Mayor, I believe that is where you are angling... Mayor Ferre: RO... what? Mr. McKnight: Mr. Traurig, help me with the designation. (INAUDIBLE BACKGROUND COMMENT) Mr. McKnight: RO-3.7, and I think we could probably work together as adjacent property owners, so I would respectfully suggest, Mr. Mayor, that the application before you be amended to reflect that, and then if Mr. Friend has a... Mayor Ferre: On First Reading, can ... All right, Mr. Attorney. Department - who is listening from the Department? Mr. McManus, are you going to answer for us? Ms. Cooper: While you are waiting for them... Mayor Ferre: No, wait a moment. Will somebody from the Department listen, please? Can we, on First Reading of a matter that was voted down three to two, recommended denial by a Zoning Board, change, under Ordinance 9500, Atlas Change from RG-3.7, instead of going into SPI-5, to go to RO-3.7. That is a question. Mr. Joe McManus: I think the interpretation would be that you are then going to more restrictive zoning district, so that would be within the bounds of what the Commission could do. Mayor Ferre: In other words, the answer is that this Commission can legally do that on First Reading. Mr. Mcmanus: Yes. Id 107 10/27/83 4 0 Mayor Ferre: Is that correct? Mr. City Attorney, you have already said into the record the answer is yes. I assume you subscribe to that? Mr. Garcia -Pedrosa: Yes, sir. I think you could do that on Second Reading. Mr. McKnight: That leaves all the options open, Mr. Mayor, and I think... Mayor Ferre: Wait a minute. You said on Second Reading. Why can't we do it on First Reading? Mr. Garcia -Pedrosa: I am saying you can do it on both. It is a less restrictive form of regulation, so there is no problem with it legally. Mr. McKnight: I think... Mayor Ferre: Wait a minute, because you are not an applicant. Mr. Bliss, you don't have any problems with that, because that covers you. All right, into the record, Mr. Bliss. Mr. Bliss: I have no problem with that. Mayor Ferre: Mr. Traurig, you have no problem with that, because that covers your client. Mr. Traurig: That is what we ourselves have indicated we would accept. Mayor Ferre: Okay, Mr. Friend, you do have a problem with that, because that doesn't cover what your clients want. Mr. Friend: That is correct. I do have a problem with that. Mayor Ferre: Okay, just want to get it into the record. Mr. Friend: If I might add one additional point, I believe that if you vote in favor at the First Reading for the downgraded zoning, it would preclude that anything better, at a higher zoning density at the Second Reading. Mayor Ferre: That is correct. Is that right, Mr. City Attorney? Mr. Garcia -Pedrosa: I am sorry Mr. Mayor? Mayor Ferre: Mr. Friend said if you vote now for RO-3.7, you cannot on Second Reading then go back to SPI-5. You can go down, but you can't go up. Mr. Garcia -Pedrosa: Well, it is a matter of advertising. That would be true, but if you were to advertise as SPI-5... Mayor Ferre: Now that the motion is made... Mr. Plummer: What was the motion? Mayor Ferre: There hasn't been any yet...as RO-3.7, which is what I think is what Janet wants. Mr. Cooper: Mr. Mayor, I know that you are going to be awfully shocked, and I am really shocked, and I don't believe it when I hear it coming out of my own mouth, but in order to preserve the flexibility that we need to try to resolve this matter in the manner which I think will be pleasing to everyone, and because Mr. Traurig and because Id 108 10/27/83 Mr. Bliss have agreed that the would at the Second Reading as well as the First Reading accept RO-3.7 on their property, give us the flexibility, approve it on First Reading for the purposes of giving us the time to try to negotiate this out as best as possible with an SPI-5 on all of the property. I know it is shocking and I am having pains in my chest as I stand here saying this, but it is necessary, and let me give you a brief insight. We are trying to work out something where the Commodore... Mayor Ferre: Now, Janet, you are talking now for the 1,000 members of the Association. Ms. Cooper: Yes, sir. Mayor Ferre: I just want to make sure I heard that one right. Ms. Cooper: We are attempting to work out a solution which will involve preservation of the Commodore Club, and in order to do that in the best way possible, we need some flexibility, so I am asking you just to give us the flexibility. Mayor Ferre: All right, is there a motion? Oh, I am sorry, sir. Mr. Eduardo Chamorro: My name is Eduardo Chamorro, 151 Crandon Boulevard. I am a registered architect in Florida. I want to express my strong opposition to the zoning of that property as SPI-5. I think it will be very obtrusive of the whole conformity of the area there. I represent the property owners on the half circle that was approved on second reading today. I just want to express my opinion. Mayor Ferre: What half circle? What is he talking about? Mr. Chamorro: Lots in Point View, 19 up to 23. Mayor Ferre: Okay. Everybody wants to go to heaven, but nobody wants to die. All right, are we ready now to vote? Mr. Plummer: Excuse me, would you re -read the motion? Mayor Ferre: Nobody has made the motion, but if nobody will, I will make the motion that Item 31 be approved on First Reading, SPI-5, for Lots 5, 6, 7 and of 4. And what...? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Is that right? Mr. Plummer: 4, 5, 6, 7 8 and 30. Mayor Ferre: Are we in agreement with that? ... 5, 69 7 8 and 30? Mr. Plummer: There is a motion made. Mayor Ferre: Janet? 51 61 71 8 and 30? How did 30 get into this? Mr. Plummer: 30 is the back lot, Mr. Mayor. Ms. Cooper: What I am asking is what I originally asked for, is a "yes" vote on the whole thing in order that we may have the flexibility to negotiate. ld 109 10/27/83 r" 0 Mayor Ferre: Okay, 4, 51 6, 7, 8 and 30. That is the motion. Mr. Plummer: Is there a second to the motion? Mr. Perez: Second. Mr. Plummer: Seconded by Commissioner Perez. Is there further discussion? Hearing none, read the ordinance. Now, Mr. City Attorney, you heard the motion? Mr. Garcia -Pedrosa: Yes, sir. Mr. Plummer: It is as the motion reads, not as reduced. Mr. Garcia -Pedrosa: That is right. Mr. Plummer: Okay. 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 185 SOUTHEAST 14TH TERRACE AND APPROXIMATELY 200 SOUTHEAST 14TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-3/7 GENERAL RESIDENTIAL TO SPI-5 BRICKELL-MIAMI RIVER RESIDENTIAL OFFICE DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Mayor Ferre and seconded by Commissioner Ferre and passed on its first reading by title by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. 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 members of the public. ON ROLL CALL: Mayor Ferre: In voting, let me say into the record, that it is my full intention to vote "no" on Second Reading on the basis of SPI-5 and it is my intention to vote in favor of RO-3.7 and only that. I am doing this so that there will be full ability to negotiate between the parties to see if something can come out that will soothe all of the different parties, but it is my clear intention, and I want to repeat it, that I will not vote for, on Second Reading, SPI-5, but rather will vote for RO-3.7 for some, or all of these properties, and I reserve that right on Second Hearing, and I vote "yes". Mr. Dawkins: I am going to vote "yes" and reserve the right to change my mind for any reason. ld 110 10/27/83 0 0 Mr. Ongie: For the record, Mr. Carollo votes "no". Mr. Plummer: I vote "no". We will see you back on the 18th. Mr. Garcia -Pedrosa: So it is three to two? Mr. Plummer: Let me make the record clear. I voted "no" for the simple reason that I don't concur with the higher density and back out later. I could have voted for a different motion today, and I definitely will on the Second Reading, but I am not... Mayor Ferre: You are talking about RO-3.7? Mr. Plummer: I'm in that neighborhood, correct, okay? All I want to say is that the way it was presented today, I could not vote for it. That puts them inside looking out. I want to be inside and let them look in. Mayor Ferre: Okay, so this keeps this whole thing alive until you come back then with a proposal on 18th for the Brickell Avenue Association. Ms. Cooper: Now, I would respectfully ... this is for Point View Association - I would respectfully request that in order that the people who are working can attend that hearing, that this hearing be set for some time after 6:00 P.M. Is that possible to do on the 18th? Thank you. Mayor Ferre: That is agreed. Mr. Manager's office at 6:00 P.M. Ms. Cooper: Thank you sir. Id 111 10/27/83 0 NOTE FOR THE RECORD: AGENDA ITEM 21 WAS CONTINUED TO NOVEM- BER 18TH. 45. GRANT EXTENSION OF TIME - MIAMI CENTER II DEVELOPMENT ORDER BY AMENDING CONDITION 26. --------------------------------------------------------- Mayor Ferre: Mr. Manager, we have before us two resolu- tions. do you want to explain them and then we'll see what we do? Mr. Gary: There's just one. Mr. Sergio Rodriguez: The one that says substitute is the right one. Mayor Ferre: It says a resolution confirming May 12, 1982 as the effective or recorded date for the Miami II Dupont Plaza Project Development Order as amended, Resolution 81- 840, September 24, 1981 and 82-71, January 28, 1982. Do you want to explain that? Mr. Rodriguez: The reason for this resolution is that there was some doubt about the effective date of the development order and we just wanted to confirm by your action today that the development order will expire on May 12, 1984. Mayor Ferre: Mr. Manager, this is your recommendation? Mr. Gary: Yes, sir. Mr. Dawkins: Where does it say in here 84? Mr. Rodriguez: The effective date was May 12, 1982 and it will last two years. Mayor Ferre: Mr. Garcia -Pedrosa? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: Do you concur with this legally? Mr. Garcia -Pedrosa: Do you mean with the substitute resolu- tion? Mayor Ferre: Yes, sir. Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: All right, Mr. Gould, do you need to say anything? Mr. Ted Gould: Not with respect to that resolution, no. I agree. Mayor Ferre: Okay does anybody have any problems? Is there a motion? Mr. Rodriguez: This is Item 51. Mayor Ferre: This is Item 51, for the record. This is a substitute resolution. The Manager and the City Attorney have recommended this. Are there any questions? Mr. Plummer: No, sir, just time to read it. Mr. City Attorney, very quickly, reading of the item 51 states that this is an extension of time. RT 10/27/83 112 I 01 Mayor Ferre: From September 24.... Mr. Plummer: Well, I'm reading from the agenda, Mr. Mayor. It says here the petition - a blank in there - an extension of time to the Miami Center to Development Order, resolution 81-840, September 24, 1981..... Mayor Ferre: That's what Miriam picked up. Mr. Plummer: ...by amending Condition 26 to extend the time with which substantial development is to begin from two to three years of the recorded date of the development order. What is the recorded date of the Development Order? Mr. Gary: The 12th of May, 1982. Let me see that letter from South Florida. The letter from the South Florida Planning Council which establishes these dates established it May 12th, 1982 and it runs two years from that date as opposed to September 24th which was your resolution date of 81. I want to give you a copy of that letter so you can see.... And Mr. Gould, for the record, will agree that that is the date that he has the letter before him from the South Florida Regional Planning Council, he acknowledges it and he accepts it. Mr. Gould: I have it, I think I may have given it to you upstairs. . Mr. Gary: Mr. Mayor and members of the Commission, here is the letter from the South Florida Regional Planning Council dated July 28, 1982 to Mr. Phillip A. Yaffa, Esquire, Gener- al Council, Hollywell Corp., 100 Chopin Plaza, Miami, Flori- da, 33131. Dear Mr. Yaffa, we are in receipt of your July 19, 1982 letter and agree with your interpretation that the effective date of the Miami Center II Development Order should be considered to be May 12, 1982. If we may be of additional assistance, please call, and it signed Sharon L. Doldrue, AICP, Assistant Director and this was dated July 28, 1982. For the record, I would like for Mr. Ted Gould to acknowledge that this is the letter that he recognizes, for the record, and that he accepts that as the effective date of the Development Order. Mr. Gould: The letter is correct, we requested it and I gave it to the City manager today. Mr. Gary: Do you accept that as the beginning date of the Development Order? Mr. Gould: Yes. Mr. Gary: And you will honor and abide by that effective date? Mr. Gould: Yes, it is. Mr. Gary: Yes, you will. Mr. Gould: Yes, I will. Mr. Plummer: Well, the question remains to the Department, the Department, as I understand it, has the resolution of this Commission as the development order of September 24, 1981. Is that correct? Mr. Rodriguez: Yes, originally. Mr. Plummer: What do you mean originally? Is there a subsequent resolution of this Commission? RT 10/27/83 113 r a Mr. Rodriguez: Let me try to explain this to you as well as 1 understand it. The development order was dated September 240 1981 and then after that it was appealed by the South Florida Regional Planning Council and then subsequent to that there was another action by the Commission on the previous action from the South Florida Regional Planning Council. At the end of all of this, some time has lapsed and there was an opinion made by the South Florida Regional Planning Council saying to the effect that the effective date was then May 12, 1982. Mr. Plummer: That was their approval date. The issue speaks to the development order which we approved at this Commission which contained the wording of the two years, is that correct, Joe? Mr. McManus: Mr. Commissioner, let me run through that again. The City's initial development order, your reso- lution of September 24, 1981, the South Florida Regional Planning Council appeals our development order. Mr. Plummer: Correct. Mr. McManus: On January 28, 1982 this Commission amended he development order and said we wanted to settle the appeal question. You authorized the City Manager to execute a stipulation to settle the appeal. The stipulation was finally signed by all the parties, that is City of Miami, the South Florida Regional Planning Council, Ted Gould for Hollywell Corporation, on May 12, 1982 and I think it is settled law, and, of course, I'm not a lawyer, but the affect of all these appeals has the effect of staying the effective date of the City's initially issued development order. So what we want to do now is merely have you confirm the date we're currently operating with as far as Miami Center II as May 12, 1982. And the time runs from that point. Mr. Plummer: Well, in the original resolution which was given to me in my backup, have all of these items of conten- tion been ironed out? Basically, it refers to Condition 26 of the development order is hereby amended. You see, here in this resolution it speaks to three years instead of two. Two has been crossed out. The start of the construction of the building, the foundation, the condominium tower and the garage, preparation and approval of the raised platforms, circulation element plans, dedication of all of the right- of-ways, the deposit of all moneys, bonds, or letters of credit for surface street improvements with the County or the State, finalization of a public sector financing package and/or a private sector front -ending agreement for construc- tion of the I-95 Bifurcated ramps, construction of the drainage system for the condominium tower and Miami Center II Garage. My question is have those conditions been met? Mr. McManus: Except for the agreement on a public sector financing package for the I-95 Bifurcated ramps there has been very little progress on all the other items. Mr. Dawkins: So the answer is no. Mr. McManus: So the short answer to your question, Commis- sioner, is no. Mr. Carollo: Mr. Manager, you are recommending this resolu- tion before us, you are recommending the resolution before us? Mr. Manager: Yes, I am. RT 10/27/83 114 10 A A Mr. Carollo: I'm glad that the light of cooperation and wisdom is finally shining. Mr. Gary: Are you talking about me? Mr. Carollo: Well, I'm looking straight at the administra- tion, not the wall. So, with the Manager's blessing at this point in time I think that we should go forward and vote upon this and get moving to make Miami the place that we all talk about that we want to create. I make a motion that we approve this resolution. Mr. Plummer: Joe, I respect your right to make such a motion, but I would ask that we have further discussion before we do that. Mr. Carollo: J. L., I believe, and you're running the meeting now since the Mayor is not here.... Mr. Plummer: All right, you wish to make the motion..... Mayor Ferre: The Mayor is here. Mr. Carollo: Well, since the Mayor is running the meeting he can rule me out of order if he so wishes but I think once a motion is made, unless it is not seconded, we could pur- sue. Now, after it is seconded then we could open it up for discussion and you could go ahead with your questions. Mr. Plummer: All right. Mr. Carollo: But I'll tell you, I have no problems in putting my cards on the table. I think that personalities should not enter into this, whether you like or dislike individuals, I think the bottom line is that this one pro- ject here has been the project that has opened the doors for a lot of other projects that have come to Miami and I per- sonally am going to do everything that 1 can not for Mr. Gould but for this project here to succeed as we all have wanted it to in the past and for additional projects to follow this one. I think that if we're talking about making Miami truly an international city and truly one of the major cities in this country we have to put a lot of this pettiness aside and start cooperating and making sure that we accomplish the things that we started out trying to accomplish. Mayor Ferre: I'd like the Clerk to give me a copy of the statement just made by Commissioner Carollo which I think is a statement that we should always keep before us and I completely subscribe to it and i think it makes a lot of sense and it ought to be a good example for us in a lot of cases in the future. Mr. Dawkins: And I'd like to also add that for two years I have sat here and did not have the cooperation and I'd like a copy of it too so that when I don't get that cooperation I can read it out loud also. Mayor Ferre: Okay. This is called the Joe Robbie Syndrome. Now, did you make a motion? Mr. Carollo: I made a motion, yes, I did. Mayor Ferre: all right, is there a second to the motion? Mr. Perez: I second that motion. Mayor Ferre: It has been seconded. Now, this is the sub- stitute resolution that that Manager is recommending and RT 10/27/83 115 A that Mr. Gould and everybody Right? Mr. Plummer: Under discussion. Mayor Ferre: Yes, sir. else has gone through now. Mr. Plummer: Mr. Mayor it was my understanding, I never really never predicate any remarks on what is stated in the news- paper, but it is my understanding that there are a lot of outstanding items on this particular situation that are in contention that have not been cleared up. I find it ex- tremely difficult to deal with this by giving first without knowing what is being given in return. I think it is not proper that we should take out of character the second item first and the first item second. I think it should be dealt with as it stands on the agenda. I think that we should have these matters resolved before we grant any extension of time. I think it is the only way that we can grant and understand what is going on. Now, Mr. Carollo, I respect your right and I concur with your remarks but I also under- stand that cooperation is a two way street. There were certain remarks that were made before this Commission about what the developer was going to do and not do. It is now been misunderstood by some one about the bandshell, about the donation to the Noguchi Park.... Mayor Ferre: Who doesn't understand? There is no question in my mind, not only on the record but personally which is much more important to me because I trust Mr. Gould and I think he is an honorable man, he has made a specific commit- ment and Ihave no doubts that he is going to live up to it. Mr. Plummer: Well, here again,* Mr. Mayor, I think those matters if true should be resolved before we start granting any extension of time. What I have been reading is that Mr. Gould has not lived up to his end of the bargain and I would like to hear from Mr. Gary. Mr. Carollo: If I can, Mr. Clerk, can I get a copy of that? I want to get it on the record that Mr. Plummer is now believing the Miami Herald. Mr. Plummer: No, I said I don't believe them, but that the question has been raised. Mr. Gary, my question to you, sir, is this good faith on both sides? Mr. Gary: Well, let me have a little time, if I may. First of all, the issues with regard to what Commissioner Carollo said about cooperation from the administration, what we've been doing, Commissioner Carollo, is merely to insure that the City's rights and Mr. Gould's rights are protected. That's all we're trying to do. I had a real nice meeting with Mr. Gould up in my office.... Mr. Carollo: I'm glad to hear that, Mr. Gary. Mr. Gary: And we're always going because we agree that Gould types of doing downtown are good for this town. Mr. Plummer: Agreed. Mr. Carollo: Vital. to take that approach development that he's Mr. Gary: Oh, I agree. Secondly, in response to your question, Commissioner Plummer, or at least a preface to your question, this resolution merely reaffirms the time and confirms the time - in my estimation - for the benefit of the City of Miami in that there was a question as to whether 116 RT 10/27/83 the development order would expire in September versus May. Now, to the extent to which..,.. Mr. Rodriguez: November 11 versus May. Mr. Gary: November 11 versus May, and what we're doing, for the record, is we're establishing the rights of the city to extend that time or establish that time where the City can insure that not only Mr. Gould has an opportunity for devel- opment but that he has an opportunity to fulfill our condi- tions. Okay? Now, that's to protect us. Mayor Ferre: In other words this protects the City, this is in our favor. Mr. Gary: This is in our favor without a doubt. Now, I think what we're doing is confusing, all of us when we start talking about cooperation and non -cooperation, I think we're confusing his Miami Center I Certificate of Occupancy issue which is one issue and the park which is a separate issue, it has nothing to do with the C:O. or the development order, with what we're talking about today. And none of those things have anything to do, or any of those conflicts that we've had with Mr. Gould or he has had with us have nothing to do with what we're trying to do today. We want to estab- lish the time to protect us. Mayor Ferre: How does this leave Southeast? Mr. Plummer: There's no difference. Mr. Gary: It is the same as it has been all along. Mayor Ferre: it doesn't change anything in Southeast, it doesn't affect Southeast, Southeast's obligations? Mr. Plummer: No. Mr. Gary: No, not at all. Mr. Plummer: The only thing that I see that involves South- east and involves the development of Miami Center is that area as it relates to the bifurcation with the State of Florida, and they have said for the record that there has been a dragging of the feet or whatever there is there and so I can't hold either party or the City liable for that. I understand that fully. Mr. Gary: That's correct. Mr. Gould: May I make a statement? I think that it is important that the City of Miami and Southeast and the DuPont Plaza Hotel and ourselves cooperate in the develop- ment of DuPont Plaza, it is a focal point of the development for the Central Business District. It is the most important piece of land in Miami's development. There are items - you are correct, J. L. - there are items in this development order which require negotiation with the City and approval of the City Commission that have not yet been presented to the City Commission. They are related to the pedestrian circulation plan, the bifurcation system, the location of the exhibit hall, the easements that will be required for those things, and what I have suggested to the City Manager is that today it may be worth while for the City Commission to authorize the City Manager to enter into negotiations with me. Mr. Plummer: On this item? RT 10/27/83 117 0 0 Mr. Gould: All of these items that are related so that it is completed by May because it is my understanding, for example, that Southeast will want to occupy its building and, I presume, have a final certificate of occupancy. Your amendment to our development order, and I presume the modi- fications to Southeast's requires that a pedestrian circula- tion plan and a traffic system be submitted to the City Commission for approval. It hasn't been, we submitted one in April of 1982 and there hasn't been any response. Now, I'm prepared to begin negotiations immediately with the City Manager concerning the traffic system, the pedestrian circu- lation plan, the easements, the location of the exhibit hall so that all of these things can be resolved before we re- quest some time in May an extension of this development order. Mayor Ferre: Further discussion? All right, hearing no other discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1006 A RESOLUTION CONFIRMING MAY 129 1982, AS THE EFFECTIVE OR RECORDED DATE FOR THE MIAMI CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER, AS AMENDED (RESOLU- TIONS 81-840; SEPTEMBER 24, 1981, AND 82-71, JANUARY 28, 1982). _ (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolu- tion was passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None. ABSENT: None. Miller J. Dawkins Demetrio Perez, Jr. Joe Carollo L. Plummer, Jr. A. Ferre Mr. Carollo: Now, Mr. Manager, can we have for the record the areas that you feel, as stated by Mr. Gould, that we still have to resolve and according to what he was saying here? What I would like to do is to present that resolution to instruct you to enter into negotiations with Mr. Gould the areas that we still have to resolve as described here. I would just like for you to... I guess what I'm saying is are you in agreement with the areas that Mr. Gould described that we still have to resolve? And if that is the case, I want to be able to give you the leeway to be able to enter into negotiations with him. Mr. Gary: I think what Mr. Gould is attempting to do is basically to reaffirm the conditions of the development order and for us to proceed forward to solve all those conditions and I don't think we need a resolution for that because by law we have to do it and it is all in the devel- opment order, we just need to move forward and get it done. RT 10/27/83 118 4 Mr. Plummer: That's as it relates to this which was just passed. Mr. Gary: Yes. Mr. Plummer: I think, if I'm not mistaken - well, I won't speak for Joe, when he's finished I'll..... Mr. Gould: Well, let me extend this. The pedestrian circu- lation plan and the traffic system will be dependent upon the decision with respect to the location of the exhibit hall. I understand that you have appointed an authority to review that. Those negotiations have to proceed immediately because you can't make decisions with respect to the traffic that would be involved in the exhibit hall. Mayor Ferre: Mr. Gould, it is the intention of this City in conjunction with Metropolitan Dade County and Miami Beach to be in the market to sell bonds before the month of April. Now, to do that we've got to hit the ground running so we're on our way right now. To sell bonds in April that means that a prospectus has to be prepared, red herrings, legal procedures, we have to go to Tallahassee to the Supreme Court and plans have got to be made, financial projections, that includes design, there are a lot of things and we've got to hit the market before April and we're now in October, almost November. Mr. Gould: Three months ago Pietro Belushi prepared a set of plans that involves the bifurcation system and also the location of the exhibit hall in the western block. Mayor Ferre: Well, that decision hasn't been made yet. Mr. Gould: I understand that, but if you're going to get to a bond offering in April then that decision has to be made quickly. Mayor Ferre: That's what I'm concurring with. I'm saying that the night oil has to burn for us to get the market by April. Mr. Gould: Well, that requires negotiations and I'm sug- gesting that you pass a resolution authorizing the City Manager to begin those negotiations. Mayor Ferre: The City Manager along with the Authority, and Mr. Rick Horrow have plenty of room to begin negotiations with the various interested parties who have contacted the City including yourself as to where that exhibition hall is going to go. Mr. Gary: We understand what we have to do, Mr. Mayor, we have our marching orders as the result of the development order, with regard to the convention center, we have our marching orders there. We've got the marching orders with regard to the Bayfront Park, we're going to do our job and we'll be in touch with Mr. Gould to discuss those matters. Mr. Gould: Thank you. Mr. Dawkins: Mr. Gould, before you leave, I'd like to say something, please. You are here at the City of Miami re- questing that the City of Miami assist you to carry out, and I quote, "What is great for the City of Miami" I have noticed that as your other building went up, I've noticed as Southeast Bank went up there has not been and there is not now a black GC or nothing (General Contractor). I would hope, sir, that as you start to develop Phase II that you would take into consideration of using a black general RT 10/27/83 119 0 0 contractor whether it be plumbing, electrical or what and I cannot demand that, I would just request that you search your conscience and see if you could do it. Mayor Ferre: All right, thank you, Mr, Gould. Mr. Dawkins: Let him respond. Mr. Gould, if you want to respond you may respond, the Mayor shouldn't tell you not to speak. Mayor Ferre: I didn't say it, I just thanked him. Mr, Gould: Commissioner, we have employed a large number of people. In projects of our size I don't make the decision about who will be the subcontractor, only the general con- tractor. To give you an illustration, the construction costs of Phase I were $100,000,000. To have a general contractor, he has to be bonded for $100,000,000. All I'm interested in is capability. We employ a large number of blacks.... Mr. Dawkins: But now you come and tell me that they have to be bonded, you should be bonded also but you're standing here requesting that I assist you. Mr. Gould: Commissioner Dawkins, I'm not requesting that you assist me. Mr. Dawkins: Yes, you are. Mr. Gould: No, I'm not. Mr. Dawkins: You're asking the City to make concessions to you. Mr. Gould: No, I'm not. Mr. Dawkins: Then what are you doing then, sir? Mr. Gould: I asked you to affirm a date. Mr. Dawkins: That is a concession. Mr. Gould: That is not a concession, Commissioner. No, I'm sorry. The date is specified in the letter by the South Florida Planning Council. Now, I think that I have employed people on a completely open basis and I hate to put it this way, but I object to somebody even implying a basis for casting aspersions upon me. Mr. Dawkins: You have as much right to object as I have to feel that you have not done it, sir. This is America, we both have a right to our opinion. Mr. Gould: Well, I'll tell you what then, then you speak to your constituents about the number of blacks who are em- ployed in the development and construction of Phase I. Mr. Dawkins: But you're talking about those in the lower echelon, I'm talking about people who can make some money in the project, sir. Mr. Gould: Commissioner Dawkins, there is no point in our continuing this discussion. Mr. Dawkins: Good day, sir. Mr. Plummer: Mr. Gary, I would request of you, sir, that we be forwarded within the next three days a list,of all of the non-compliance relating to the Miami Center I which is RT 10/27/83 120 keeping them from receiving their permanent Certificate of Occupancy. Now, I am also saying that in the time frame notwithstanding, I want to know as of today those items of disagreement and those areas of non-compliance and I want that within three days. 46. FIRST READING ORDINANCE - ZONING TEXT AMENDMENT, AMEND ART. 159 SPECIAL PUBLIC INTEREST DISTRICTS BY ADDING A NEW SECTION 15.110 SPI-11 COCONUT GROVE RAPID TRANSIT DISTRICT. ------------------------------------------------------------ Mr. Jack Luft: Mr. Mayor, this is an ordinance that replac- es an old 6871 Zoning Ordinance, translates it into the new 9500 text. This was a district passed by the Commission for the Grove Gate Corner on 27th and Dixie. Mayor Ferre: Does anybody have any problem with this? Any speakers? Is there a motion? Are you ready on Item 39? This is recommended by the Manager, a Planning Department application. Dawkins moves, Carollo seconds. Further discussion? On First Reading. Demetrio Perez seconds. Further discussion? All right, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 15 OF SAID ORDINANCE ENTITLED "SPI: SPECIAL PUBLIC INTEREST DISTRICTS;" MORE PARTICULARLY BY ADDING A NEW SECTION 15110 ENTITLED "SPI-11: COCONUT GROVE RAPID TRANSIT DISTRICT;" PROVIDING FOR INTENT, SPECIAL PERMITS, PERMISSIBLE PRINCIPAL USES AND STRUCTURES, PERMISSI- BLE ACCESSORY USES AND STRUCTURES, TRANSITIONAL REQUIREMENTS AND LIMITA- TIONS, MINIMUM LOT REQUIREMENTS, FLOOR AREA LIMITATIONS, MINIMUM OPEN SPACE REQUIREMENTS, PARKING PROVISIONS, HEIGHT LIMITATIONS, AND LIMITATIONS ON SIGNS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. 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. RT 10/27/83 121 0 0 47. FIRST READING ORDINANCE -CHANGE ZONING CLASSIFICATION 2810-2840 S.W. 27TH AVENUE AND 2727-2901 S.W. 28TH TERRACE FROM RG-2/5, RG-2.1/49 CR-2/7 AND SPI-3 TO PROPOSED SPI-11, COCONUT GROVE RAPID TRANSIT DISTRICT. ------------------------------------------------------------ Mayor Ferre: Take up Item 40. Mr. Luft: Mr. Mayor, Item 40 is applying to the site at 27th and Dixie the district that you have just passed. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2810-2840 S.W. 27TH AVENUE AND 2727-2901 S.W. 28TH TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL RO-2.1/4 RESIDENTIAL OFFICE, CR-2/7 COMMERCIAL COMMUNITY AND SPI-3: COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO SPI-11: COCONUT GROVE RAPID TRANSIT DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. . Was introduced by Commissioner Dawkins and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. -------------------------------------- -------- -------------- 48. FIRST READING ORDINANCE - APPLY HC-41 COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT TO THE SALVATION ARMY CITADEL. -------------------------- --------------------------------- Mayor Ferre: Take up 41. Mr. Luft: this is an application of the HC-4, Heritage Conservation designation to the Salvation Army Citadel property, and I have distributed a letter to each of the Commissioners from the Citadel concurring with this designa- tion. Mayor Ferre: Plummer, does that satisfy you? Mr. Plummer: Yes, sir, I have it on record. RT 10/27/83 122 0 0 AN ORDINANCE ENTITLED - AN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 9500 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLY- ING THE HC-4: COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "SALVATION ARMY CITADEL," LOCATED AT APPROXIMATELY 49 NORTHWEST 5TH STREET, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF THE ZONING ATLAS MADE A PART OF SAID ORDI- NANCE NO. 9500, BY REFERENCE AND DE- SCRIPTION IN ARTICLE 39 SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None. ABSENT: None. Miller J. Dawkins Demetrio Perez, Jr. Joe Carollo L. Plummer, Jr. A. Ferre 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. ------------------------------------------------------------ 49. FIRST READING ORDINANCE - AMEND ORDINANCE NO. 9534, THE EXISTING CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE. Mayor Ferre: This is the Planning Department's Capital Improvement Program. Mr. Sergio Rodriguez: This is to carry us until you act on the ordinance in December and to have enough in our budget to carry us until that time. In December we will come back to you with the Capital Improvement appropriation for the Capital budget for 83-84. Mayor Ferre: I don't understand, this is the existing Capital Improvements? Mr. Rodriguez: This is the Capital Budget for 83-84 amend- ing the Capital Improvement Appropriations ordinance, 9534• We will come back to you in December with the appropriation of the regular Capital Improvement budget for 83-84, but in the meantime we have to have an appropriation for the rest of the time that we have. Mayor Ferre: Are we approving here $59,000,000 worth of expenditures? Mr. Rodriguez: Basically, you are dealing with the $6,535,000 from the FP & L which is listed on the first page as a new item. RT 10/27/83 123 0 9 Mayor Ferre: I see. So, what we're dealing with is the acquisition of the Miley Property, Miami Convention Center gets almost $4,000,000, Downtown Component of Metrorail gets a million, government parking center gets... Okay. Is there a motion? Mr. Perez: Moved. Mayor Ferre: Moved by Perez, is there a second? Mr. Carollo: Second. Mayor Ferre: Carollo seconds, further discussion? Read the ordinance. The preceding motion failed to pass by the following vote - AYES: Mr. Perez Mr. Carollo Mayor Ferre NOES: Mr. Plummer Mr. Dawkins Mayor Ferre: this matter fails as an emergency ordinance because the vote was 3 to 2. Now, Mr. Manager, do you want to go lobby the two associates here or do you want me to pass it on a First Reading? All right, on first readying. I assume we've got the same line up here. Perez moves, Carollo seconds on First reading. Go ahead. AN ORDINANCE ENTITLED - AN ORDINANCE ORDINANCE AMENDING ORDI- NANCE NO. 95349 ADOPTED DECEMBER 9, 19821 THE EXISTING CAPITAL IMPROVEMENTS APPROPRIATION ORDINANCE; AS AMENDED; INCREASING APPROPRIATIONS FOR SELECTED ONGOING CAPITAL PROJECTS AND ESTABLISH- ING APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1983-84; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Perez and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None. Vice -Mayor J. L. Plummer, Jr. ABSENT: Commissioner Demetrio Perez, Jr. 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. Plummer: In voting in the negative, I want to indicate that this plan has not had the proper study nor the amount of planning that it needs. There are moneys that are dele- gated in here that I don't consider to be priorities, I think the priorities are wrong and I vote no. RT 10/27/83 124 0 9 50. AUTHORIZE ISSUANCE OF RFP'S FOR COMPLEX LOCATED IN DINNER KEY AREA OF COCONUT GROVE TO BE KNOWN AS "GROVE MARKET". Mr. Sergio Rodriguez: Mr. Mayor, on July 28 of 1983, the Commission approved a resolution establishing a public hearing at which the City Commission would consider the contents of a request for a unified development project proposal for a market and entertainment complex to be devel- oped on a City -owned land, parcels, located in the Dinner Key area of Coconut Grove to be known as "Grove Market" and further that at the conclusion of the public hearing the Commission would authorize the issuance of the request for proposals, select public certified public accountant firm to evaluate the viability of the proposals and proposed devel- opment teams and to appoint members of a review committee to evaluate the proposers qualifications and experience and the aesthetic and functional quality of the proposed develop- ment. Today you have before you the RFP document and in the document we are making several recommendations that in addition to accepting the document with the schedule which is on page 10, by which we will request proposals, the request for proposal will be available for November 30 of 83, the proposal conference will be on December 12, 1983, the proposals will be accepted on March 2, 1984 and the interview with the proposers meeting qualifications will be on March 12, 1984. Recommendation to the City Manager will be on March 26, 1984 and the recommendation from the City Manager to the City Commission will be on April 12, 1984. Contract negotiations beginning with the first ranked proposer on April 16, 1984 and finally the City manager's submitting the contract to the City Commission for approval on July 12, 1984. In addition to that document with all the indications that follows the conditions of the Charter Amendment for a unified development project, we have also a list of members which are recommended by the City Manager to be included in the Review Committee. In the resolution that you should have received which amends the package that you have before you, the members of the public which are recom- mended by the City Manager includes Mr. Jeff Bush, Chairman, Mr. Jeffrey Watson and Mrs. Joanne Holshauser. Mayor Ferre: Who is Jeffrey Watson? I don't know who he is. Mr. Carollo: I don't know who he is either. Mr. Gary: He is an accountant. Mayor Ferre: Is he black? Mr. Gary: Yes. Mr. Plummer: Repeat that committee again. Mr. Rodriguez: There will be five the requirements, we have to have public than we have City Officials odd number of members of which in three from the public. There will Jeffrey Watson.... members, and as part of one member more of the so there have to be an this case there will be be Jeff Bush, Chairman, RT 10/27/83 125 E E Mr. Carollo: Who is Jeffrey Watson? Mayor Ferre: He is a black accountant, he's a CPA.... Mr. Carollo: Did we place any additional requirements besides just three members of the general public? In other words, are we looking for people with specific type of backgrounds of these three individuals? .... I've heard that. Mayor Ferre: Okay, my only concern, as I told you, Howard,... Mr. Plummer: Who made this selection? Mr. Gary: I did. Mayor Ferre: All right, Mr. Manager, I think it only has one weakness, as I explained to you... Mr. Gary: Okay, and I agree with that too. Mr. Plummer: Well, I've only heard three members, who are the other two? Mr. Gary: Okay, I'm recommending that Jeff Bush be the Chairman, Jeffrey Watson be also an outside person along with Jeff Bush, Mrs. Joanne Holshauser be also an outside person, that the City Officials will be Jack luft and Adrianne McBeth. And I agree with the Mayor, the only short coming of this is that it doesn't have a Latin on there. Let me just think of somebody. Mayor Ferre: Well, I think you've got to do it with delib- eration so you come back and let us know. You can always add. Mr. Carollo: I think we should take that later as far as who the members of the public are going to be, and I'll be honest with you, Mr. Mayor.... Mayor Ferre: Well, we have no decision on that, as you know. Mr. Carollo: I know that, but I think that he should go back and look at some of the different people we could pick. I don't know, my estimation.... Mayor Ferre: My only problem is that I don't want to hold up the procedure. Mr. Carollo: Of course not. Mayor Ferre: What I'm saying, Joe, is to move on it now and then ask the Manager to add to it rather than to hold up the process because I'm going to tell you, I have another prob- lem with this. Mr. Carollo: What I would like to hear is which was the procedure that he used in picking the people that we have here because I think we need people that at least have some background in certain areas that are vital to decide if this is going to be good or if this is going to be bad, which way it should go, which way it shouldn't. Mayor Ferre: Well, I tell you I think the three outside people.... RT 10/27/83 126 9 0 Mr. Carollo: You are going to need someone who is going to have more than just good intentions for something of this sort. Mayor Ferre: Well, Jeff Bush is a well-known developer. Jeffrey Watson is an accountant and Joanne Holshauser is a business woman who represents the Coconut Grove Community. jack Luft certainly is a highly recognized planner and Adrianne McBeth has two masters degrees and a lot of experi- ence in government so I think it is a well balanced group except that I do think you need somebody who is Hispanic and I think what Carollo is saying makes some sense, you may want to add somebody who has shopping center or specialty shop experience itself and there may be some people like that that you may find in the Hispanic community. Mr. Gary: Yes, fine, I'll find somebody Hispanic. Mr. Plummer: Do they live in the City? Excuse me, isn't it required they live in the City? Mr. Gary: No. Mr. Plummer: It is not required? It was my understanding that all committees and boards, they had to reside in the City of Miami. Mayor Ferre: This is not a City of Miami Commission Board. Mr. Plummer: It is a Committee of this Commission. Mayor Ferre: No, it is not a committee of this Commission. Mr. Carollo: Are we going to have any leeway in who goes on this Committee? Mayor Ferre: No. The Charter is very clear on that and we voted on it and the people accepted it and voted it and the Charter is as clear as day. Now, Mr. Manager, I do have a concern. Let me tell you what my concern is. My concern is the question of time. Now, this is not as big a project nor is it as complicated as Bayside, I would hope that we could cut through an awful lot of the red tape and not have a six month process. I don't know that it can be done in three months or four months or whatever but I would hope that we could cut through and get on with it. Mr. Carollo: Maurice, forget about six months, the way this RFP has been presented it is going to take over year by the time we're finished with it. Mayor Ferre: Part of the problem is your study which ties into this so we've got a little bit of a problem of timing but this is an important project for the City and I want to make sure that we ..... Mr. Carollo: Well, the impression that I've gotten, Howard, is that the type of RFP that you've actually sent to us in the 34 pages is really an RFP for the Bayside project which is huge in comparison to this project. But I think what we need to do, so that we be fair not only to us but to all parties involved is to reduce this to a reasonable RFP in proportions to the project that they're going to build here which is much much smaller than the Bayside Project and I think if we would reduce it to 30 days RFP instead of the 90 days that you're presenting. Mr. Gary: I have 120 days. RT 10/27/83 127 9 9 Mr. Carollo: I'm sorry, 120 days. And at the same time, come with an RFP that everyone that wants to bid can comply with it within those 30 days, I think we would serve our best interests and at the same time proceed with this as quickly as possible as we all stated and agreed upon in our July 18th and 28th meetings. Mr. Gary: Mr. Mayor, first of all, in response, the RFP itself excluding the schedule is a basic RFP that we would utilize with any unified development project because it looks at various ingredients of the .project which have to be looked at whether it is a project of 20 acres or a project of 1 acre so I don't think that is the issue. I think what Commissioner Carollo is talking about is the time. After talking with staff, the RFP time frame, we could limit that to at the minimum 60 days, we can't go below 60 days. That's half. If you do it below 60 days it's not reason- able. Mayor Ferre: I think the Manager's point is reasonable, he is cutting it from 120 to 60 days, there is no way you can do it in less than 60 days. Is that reasonable, Howard? Mr. Gary: It is pushing it but it is reasonable. Mayor Ferre: Okay, have you got anything else? Are you ready to vote on that basis? Do you have anything else you want to add to it? Is that the City lobbyist back there? Mr. Gary: Mr. Mayor, the staff is telling me that will probably bring our time frame back to March for the signed contract. Mayor Ferre: You can't get anything faster than that. Mr. Gary: As opposed to July 12th. Mayor Ferre: Mr. Block, I want to tell you I'm surprised that the Manager would do that and I'm happy but I don't think that you can reasonably expect... When are you going to have your study done, Willy? April? How can we have a study finished in April and have the RFP and the contract done in March? Mr. Gary: Well, let me tell you my position, Mr. Mayor, on that. First of all, we're talking about the utilization of existing land and existing rights right now and this study cannot take away from Monty Trainer if he decides not even to go with this process, his existing rights or existing land. Mayor Ferre: I realize that, but suppose, for example, Bermello's study group comes up and says they want a walkway along the water and by that time Monty Trainer has already concluded negotiations. Mr. Gary: We have that in the RFP. UNIDENTIFIED SPEAKER: The walkway is in the process and in the plans. Mayor Ferre: So, in other words, before the RFP goes, and if we get your contract done away I would hope that you would consult with the consultants. Mr. Gary: We would. Mayor Ferre: All right, are we ready to vote on this now? RT 10/27/83 128 9 9 Mr. Carollo: My question is that without reducing the size of the RFP, I am really not quite sure that everyone can comply with the 60 day time limit. Am I correct in that? Mr. Plummer: Well, where are we? Mr. Carollo: Well, where we're at, J. L., that there is no sense in cutting it down to 60 days if you don't reduce the size of the RFP because what it is going to come down to is that maybe nobody will be able to qualify in time, I don't know. Mr. Rodriguez: But the problem is that there are certain requirements that have to be met in the law and if we follow them we have to..... Mr. Carollo: Yes, but within meeting those requirements of the law, I cannot believe that you cannot reduce the size of that RFP. Mayor Ferre: Well, then make your motion based on that.... Mr. Plummer: Well, Mr. Block, you have heard, sir, our learned department head indicate that there is no way to cut down because of the requirements in the compliance of the law. What is your reaction to that, sir? Mr. Block: Well, generally I think that the requirements of the Code and the Charter are that the RFP has to give ade- quate time for all potential proposers to follow up the requirements of the RFP. So if it is 60 days and you've got a long RFP and you want to reduce it or if it is 120 days and you want to reduce the time frame in order to expedite the process you expedite the RFP so everybody can .... This particular RFP has about 91 points, I think and all proposers are going to spend several hundred thousand dol- lars complying with those 91 points. If you reduce those 91 points to a smaller number, depending upon how you reduce it, I think you give everybody the opportunity to comply with a less complicated, less complex RFP. So I think... The answer to your question is the smaller the RFP the less turn -around time you need. Mr. Plummer: Then is the compliance with the law in refer- ence to the 91 points or is the compliance with the law as to the 60 days? In other words, I guess what I'm hearing is has the administration as in history overplayed their hand? Not you, sir, I'm saying the administration and I'm not speaking to Mr. Gary, he has his other faults. Excuse me, let me give you a brief background. You know, I can remem- ber the time where they gave an RFP trying to help a minori- ty in Bayfront Park with that little concession stand that has now been idle for two years. They went to the extent of the degree of the soup, how hot it shall be delivered, the degree of how much fat shall be in a hot dog, you know, and they went to every n'th degree and I said at that time, all you're saying is that nobody, you're just forcing a man to go in and out of business. Now, my question is is it neces- sary for 91 points in this RFP? I have not gone over the RFP. Mr. Gary: Well, first of all, there's no 91 points here. Mr. Plummer: Excuse me, did you not say there were 91 points? Mr. Block: Well, actually, I got that quote, there are a bunch of them in there, the City Attorney said 91, the Assistant City Attorney said 91 points. I looked at the RFP and there are a whole lot of them. There are at least 70 by my count. RT 10/27/83 129 9 9 Mr. Plummer: There is a lot of difference between a whole bunch and 70. Mr. Block: There are at least 70 by my count and he says 91, I have only seen it for one day or so, I don't know. Mr. Plummer: The question still remains are there too many? That's the question that remains. Mr. Gary: Well first of all he's a lawyer, nobody claimed him to be an accountant. What we have on page 10, these are things we are going to evaluate them on: Experience of the development team including specific experience on simi- lar developments, financial capability, level of financial commitment and anticipated financial return to the City, overall project design (4) project management plan, (5) extent of minority participation, those are the items we are going to evaluate them on. I mean I cannot make an intelli- gent, the committee cannot make an intelligent decision, the City Manager cannot make an intelligent decision nor can you make an intelligent decision without having this informa- tion. Those are five points. Now, if you want to get down into specifics in terms of how it affects them, we're talk- ing about the estimated construction costs, proposers method of operation, proposed method of financing and development as well as the additional financial requirements. That is the basic skeleton of any RFP. Now, if some firm may decide they are going to do everything from schematics to scale models, that is their concern, that is their problem, the extent to which they can demonstrate the viability and the aesthetic pleasingness of their project, fine, they shouldn't have any problem, they've already got a model. They're ahead of the game. This is the skeleton Commission, the only issue that may be of concern to him that he raised was time. Mr. Dawkins: Mr. Gary, I would like to ask you and the staff only one question. You and staff are going to be responsible for making a recommendation to us which the newspapers are going to play up to the public. Do you feel that this is what you need to obtain the information that you need to make a recommendation to me? Mr. Gary: In terms of the RFP? Yes. Mr. Dawkins: Okay, that's what we pay him for, and whoever hired you, they pay you to get it cut down as low as you can. So, I mean I would love to cut it down but he says that he cannot reduce it and come up with what he actually needs to make a recommendation to me so, therefore, I don't ... I mean I don't feel right in asking him to reduce the RFP. Mr. Block: The City of Jacksonville issued a two paragraph RFP this summer, the RFP asked for a 15 day turn -around and nobody, the proposers didn't object because the requirements were easily met within that 15 day period. My suggestion is, today it's a 30 day period, you make simple requirements and there are some basic requirements that have to be met here by everybody, make sure it's requirements that every- body can make, simplify it and you can reduce your turna- round further. I would like somebody, whoever the successful proposer is to be in construction in the spring. It produc- es revenue for the City sooner, it puts a prettier project up there sooner... Mr. Dawkins: It helps reduce our unemployment. RT 10/27/83 130 r __ - 9 9 Mr. Block: It is a great project for Miami whether we do it or somebody else does it. Mr. Rodriguez: I would like to clarify for the record that this is not a small Bayside, I mean Bayside has 200,000 square feet of development. We are talking here of 100,000 square feet plus the restaurants so it is a fairly large development and I think if we want something good we should give the time to do it and have the right requirements. Mayor Ferre: Further discussion? All right, is there a motion? Mr. Plummer: What are you asking of this Commission? Mayor Ferre: They want resolution 56 approved as presented with the stipulation that this matter be accelerated to March as the Manager said, instead of 120 he said 60 days and he is going to add another member to the committee, or two. Mr. Rodriguez: You need two, you will need two members more because we need an odd number. Mr. Carollo: It is odd already so I had might as well make it odder. Mayor Ferre: The Manager is going to.... What we're going to do hopefully, is approve Item 56. The Manager will come back and amend it later on by adding two additional members. Mr. Gary: Correct. Mayor Ferre: And he is making a commitment to that affect but it is his prerogative as to who he adds. Mr. Rodriguez: The next action that you have to take is in relation to Item 57 and the CPA firms which are mentioned. Mr. Gary: No, you don't deal with him on that, that's me. Mr. Rodriguez: I know, but I want to mention that part of the proposed procedure, you have to also address the issue of the two CPA firms that have to do an appraisal and that will be part of the next item. Mayor Ferre: Okay, are we ready to go on 56 now? Mr. Garcia -Pedrosa: That's part of 56, the CPA firm is a part of 56. Mr. Mayor, you have to make a choice in Section 2 of Item #56. You have to select a CPA firm. Mr. Carollo: That's 57. Mr. Garcia -Pedrosa: No, that is the real estate appraisal. Section 2 on the second page. Mayor Ferre: Okay, who are the CPA firms being recommended? Mr. Garcia -Pedrosa: Touche Ross and Peat Marwick. Mayor Ferre: Who are you recommending, Howard? Mr. Gary: Peat Marwick. Coopers did the last one. Peat Marwick. Mayor Ferre: Anybody from Peat Marwick here, or Touche Ross? Peat Marwick. Okay. Mr. Plummer: What is the cost factor? RT 10/27/83 131 ' Mr. Gary: We don't know, we have to negotiate that with them. Mayor Ferre: Did Peat Marwick do Bayside too? Mr. Gary: No, that was Coopers and Lybrand. Mr. Carollo: Well, how come Coopers and Lybrand is not listed there? Mr. Gary: Let me tell you the process we follow. In order to spread the business around.... Mayor Ferre: That's right, I agree with that. Mr. Gary: The first list we gave you had Coopers and Lybrand, Peat Marwick and Touche Ross. I kept them in that same order and I went to the next one. Then the next one I'm going to go to Touche Ross just to make it fair to everybody. They were all qualified.• Mayor Ferre: That's fair. Is that acceptable to everybody now, Peat Marwick? Mr. Carollo: My other question is on the appraisal. Mayor Ferre: That's 57• Mr. Carollo: I know, but it is all part of the same thing although we're voting on it separately. Is the appraisal going to delay this even more by putting it out to bid? Mr. Gary: Well, we're talking about two appraisals. Mayor Ferre: That's part of the Charter. Are you recom- mending the names? Mr. Gary: Let me tell you, there are two appraisals in this process. The first appraisal is to determine the value of Monty Trainer's lease from now until the end of the expira- tion of his current lease because that amount has to be plugged in the RFP which the winning bidder has to pay, if it is not Monty Trainer, which he has to pay off Monty Trainer for his lease rights. Mr. Plummer: No, no, no. Go back and review the contract of Monty Trainer. Mr. Gary: Monty has equity in that property and the value of that has to be paid off by the successful bidder if it is not Monty. Mr. Plummer: You mean the value of the property? Mr. Gary: No, of the business, not the property, of the lease. Mayor Ferre: That was Garcia-Pedrosa's solution to the impasse. Mr. Plummer: Let's also recall that there is a binding obligation that there would be minimum annual payments not less than the mortgage payment to purchase the property in the City's name. Mayor Ferre: Yes. Mr. Plummer: Let's remember that, that is very crucial. RT 10/27/83 132 Mayor Ferre: That was part of the original agreement. Mr. Plummer: That's right but that's not the way Mr. Gary stated it for the record. Mayor Ferre: No, but that's part and parcel, they're bound by the law the way it is now, whatever agreements are bind- ing. Mr. Plummer: But, Mr. Mayor, if it is not stipulated then the person can say, that is doing the evaluation, we didn't know. I'm stipulating it for the record. Mr. Garcia -Pedrosa: He wants to make sure that the apprais- er knows to take that into account. Mr. Plummer: No less than. Mayor Ferre: Are we ready to vote on this? Mr. Block: Mr. Mayor, did I understand that the accountants will be appointed so that their appraisal will be within the 60 day period? Because as I understand this resolution, it goes out to bid for the accountants, if it goes out to bid, we don't want that procedure, we need to accelerate that procedure so that we have an accountant to comply within that 60 day period and one of the first things we've got to do is determine the value so that means that we would have to shorten the process to get an accountant right away. Otherwise, the typical bid procedure in the City could take 60 to 90 days right there. So when does the 60 day period start? Mr. Garcia -Pedrosa: He is confusing the appraisal with the accountant. Mayor Ferre: You're getting things confused. Item 56 deals in Section 2 with the CPA's which has not been selected, it is Peat Marwick, recommended by the Manager. Now, what you're talking about is Item 57 which Carollo says has to be discussed now because it ties into it. The Manager ex- plained that the appraiser needs to appraise on two things. The first thing he has to appraise on is the value of Monty Trainer's leasehold value and the second thing... Mr. Block: Right, I didn't mean accountant, I meant ap- praiser. Mayor Ferre: Well, what is the second appraisal? Mr. Block: The second appraisal I think is to determine the fair return to the City after the contract has been negoti- ated. Mr. Garcia -Pedrosa: That is later. Mr. Block: But the first appraisal..... Mr. Gary: That is later. Mr. Block: See what I'm saying is the first appraisal should be, there should be some stipulated time for the 60 day period, the turn -around period so that we can expedite the choosing of the appraiser because one of the first things you do is determine the buy-out value before you can move on to the rest of the procedure. Mayor Ferre: Okay. RT 10/27/83 133 0 9 Mr. Block: If you have the typical bid procedure for deter- mining which appraiser, that in of itself could take 90 days. What the Manager could do to expedite that is, as I understand it under recent case law, he can appoint an appraiser that is not considered a professional any longer, under recent Florida case law, he can go ahead and appoint an appraiser and he could do that immediately. Mr. Gary: What this resolution says, it authorizes me to solicit proposals and to award, to select an appraisal that meets the best schedule and fee. So I guess what they're doing is giving me the authorization to do that immediately. That is what the resolution says. Mayor Ferre: With the stipulations as amended so far. Mr'. Manager, are you recommending this? Mr. Gary: Oh, yes. Mayor Ferre: Are you going to move it? Mr. Carollo: I'm not all through with it, I think we're going about it the wrong way but I don't want to say.... Mayor Ferre: Are you unsatisfied with the way this is going? Mr. Carollo: I don't want it to be said that I'm being negative, Mr. Mayor, I'll move it. Mayor Ferre: Well, I just want to make sure that we don't have a problem now with the various interested parties. The Manager, the administration, the Monty Trainer group, his attorney, now I think that we're moving, it seems to me that we're making a lot of progress and I think the Manager has made major concessions. Mr. Block: I agree we've made a lot of progress. May I add one thing first? If we add to the committee, is it possible to add two to the committee, or do you have to have two? Mr. Gary: Well, first of all, this is my committee but what I plan to do is I'm going to have an odd number which means I would have to add two. Are you related to Ted Gould? Mayor Ferre: Is there further discussion with all the amendments and stipulations on this resolution? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RT RESOLUTION NO. 83-1007 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR A MARKET, ENTERTAINMENT COMPLEX AND MARINA FACILI- TIES LOCATED IN THE DINNER KEY AREA OF COCONUT GROVE TO BE KNOWN AS "GROVE MARKET" AND SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PRO- POSALS AND MAKE RECOMMENDATIONS TO THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER SECTION 53-C. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) 10/27/83 134 Upon being seconded by Commissioner Dawkins, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. ----------- ------------------------------------------------ 51. AUTHORIZE CITY MANAGER TO SOLICIT PROPOSALS TO DETERMINE APPRAISALS OF PROPERTIES LEASEHOLD INTERESTS AND IM- PROVEMENTS LOCATED AT 2550 AND 2560 SOUTH BAYSHORE DRIVE. ------------------------------------------------------------ Mayor Ferre: We're now on 57. Now, Mr. Manager. Mr. Gary: These are the appraisals that I'm going to solic- it proposals and then I'm going to make a decision and move forward to determine the value. Mayor Ferre: Give me the order of the people. Are you ready to do that? Mr. Gary: No, this is just authorizing me to proceed. Mr. Plummer: Who are you going to use? Mr. Gary: No, I've got to go and check the list of apprais- ers and find out which one can meet the time schedule and the fees. Mr. Plummer: Not me. Mayor Ferre: J. L., what this does is it gives him the authority to solicit proposals. Mr. Plummer: Oh, that doesn't give you the right to choose one. Mr. Gary: Yes, it does. Mayor Ferre: Yes, it does, and to determine the value of Bayshore Property located - but it doesn't say you have the right to choose, where does it say that? Mr. Garcia -Pedrosa: Section 2, Mr. Mayor. I think we've been through this before. Mayor Ferre: The City Manager is further authorized to award a bid. Now, Plummer, as I understand, is striking Section 2 and he is otherwise moving it. Mr. Plummer: That is fine. Mayor Ferre: In other words, the section that is being struck by Mr. Plummer is that portion that says, "The City Manager is further authorized to award the bid for the MAI appraiser submitting the bid that best meets the interest of the City of Miami." Now, by striking Section 2 that auto- matically means that the Manager has to come back to the Commission. Right, Mr. City Attorney? RT 10/27/83 135 0 0 Mr. Garcia -Pedrosa: That's what it means. Do you really want to do that, Plummer? Mr. Plummer: No, I don't want to do that, I wish the Manag- er could tell me right now - there are two or three apprais- ers in this community who I would absolutely be opposed to. Mr. Gary:• Well, you tell me those two. Mr. Plummer: No, I'm not going to tell you on the record, I'm not going to be liable. Mr. Gary: If I may, may I..... Mr. Plummer: Predicated upon certain previous decisions the Manager has made today. Mr. Gary: May I, Mr. Mayor, if I may? Mayor Ferre: Yes, sir, you may. Mr. Gary: May we pass this with a condition that I review the appraiser that 'is selected with the members of the Commission and if they have a problem then I bring it back to the whole body? Mr. Plummer: If that says that any one member of this Commission has the right of veto over the two names submit- ted and you'll have to submit another one, I say yes. Mr. Gary: That's my proposal. Mr. Plummer: You know, I can remember, I know of one par- ticular appraiser in this town who did this City in. Mr. Gary: I know, you know damned well I ain't going to select him. Mayor Ferre: J. L., I go along with that provided, however, that what that means is that the Manager has to bring it to the Commission for a vote because we can't have government by veto here. Mr. Plummer: That's fine with me, sir. Mayor Ferre: Unless we change the Charter, which I wouldn't mind. Mr. Gary: Mr. Mayor, the only problem with that is that now you're putting me in a position where I'm going to have to go back on the 60 days. Mr. Plummer: No, you don't. Mr. Gary: Are you agreeing with the condition that if I take the one that is selected around and everybody agrees we could go ahead? Mr. Plummer: Sure. Mayor Ferre: Sure. All right, with that stipulation, Plummer moves Item 57. Do we have a second? Carollo sec- onds. Go ahead. Mr. Block: I would like to add a clarification to 57. At the end of the page after the word value(.), if within that 5 working day period Bayshore rejects the buyout then the current leases between Bayshore and the City shall remain in effect for the remainder of the 24 year lease term. Mayor Ferre: What is that again? HT 10/27/83 136 9 Mr. Plummer: Mr. Block: Repeat that, please. If within the 5 working day period..... Mayor Ferre: Mr. Manager, are you listening to this? Mr. City Attorney, you'd better listen to this. Mr. Garcia -Pedrosa: I'm listening, Mr. Mayor, he is not talking about the legislation that is before you, he's talking about the Manager's memo or Mr. Garcia's memo to the Manager and I don't think that has anything to do with it. Mr. Block: You're right, but I would like that language in the resolution, if we could put it in there. Mr. Garcia -Pedrosa: It doesn't belong there. Mr. Gary: It doesn't belong there, for (1). Mr. Block: I think we ought to be certain that once the value is determined that it is clearly understood of record that if we don't like the value, and this was the premise for going forward in July.... Mr. Gary: Mr. Mayor, that has nothing to do with the choos- ing of appraisers. That is in the RFP and it protects him and everybody else. Mayor Ferre: Counselor, I don't mean to do you job for you, I'm not an attorney. Would you explain to me what in the hell the clause you're reading from, Garcia's memorandum dated October 19th has to do with the choosing of apprais- ers? Mr. Block: It was in the memo attached to the resolution recommending the appraiser, but the language in the memo does not clarify... What I can do, is just make sure that we have agreement in the RFP as amended, that that language is in the RFP, maybe we should do it that way. Mr. Gary: It is in there. This basically explains, Mr. Mayor, that this is what the appraiser is going to do and that why we need the appraisal. It is our intent, Mr. Mayor, that he has rights to that property and if he feels that he is not getting a fair value after we have gone through the whole process, within 5 days after declaring the final appraised price which is based on the formula, he has 5 days to reject that figure and all of a sudden the RFP is out the window. Mr. Block: And we're back to the status quo of two leases for 24 years. I don't have any problem as long as we have that understanding. Mr. Gary: You're back to the status quo. You're in the record. Mayor Ferre: Are we ready to go now, on the vote with all the stipulations? Call the roll. RT 10/27/83 137 9 9 The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 83-1008 A RESOLUTION AUTHORIZING THE CITY MANAG- ER TO SOLICIT PROPOSALS FROM ALL MEMBERS OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS DOMICILED IN DADE COUNTY, FLORIDA, TO DETERMINE THE VALUE OF BAYSHORE PROPERTIES INC.'S LEASEHOLD INTEREST IN AND IMPROVEMENTS ON THE PROPERTIES LOCATED AT 2550 AND 2560 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO AWARD THE BID TO THE APPRAISER WHO BEST MEETS THE CITY'S SCHEDULE AS TO TIME AND FEE; SAID FEE TO BE PAID BY THE SUCCESSFUL BIDDER ON THE GROVE MARKET PROPERTIES. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Commissioner Vice -Mayor J. Mayor Maurice NOES: None. Demetrio Perez, Jr. Joe Carollo L. Plummer, Jr. A. Ferre ABSENT: Commissioner Miller J. Dawkins 52. AUTHORIZE AGREEMENT FOR DINNER KEY DESIGN AND DEVELOP- MENT MASTER PLAN WITH BOEREME, BERMELLO, KURKI AND VERA. ------------------------------------------------------------ Mayor Ferre: All right, take up 49. Mr. Manager, I heard Mr. Bermello previously say that he would have his contract finished by April. Mr. Gary: So what are you asking me? Mayor Ferre: His contract goes all the way from Peacock Park, does it include the Barnacle or is the Barnacle out of it? The Barnacle is out of it. Now, you know that there is, somebody wants to come up with some kind of a European type of zoning and I think Ken Treister told me that he has already talked with you about putting commercial on the bottom, residential on the top on Joe Harrison's property adjacent to Peacock Park and he had better know what that is all about because that will impact that whole area. UNIDENTIFIED SPEAKER: He will know what it is about. Mr. Plummer: Wait a minute. I find it objectionable that anybody can interject thoughts without this Commission knowing about it. I find that totally totally wrong. RT 10/27/83 138 0 9 Mr. Luft: Any property owner that has plans.... Mayor Ferre: It's a question I'm asking, J. L., because I want to know where the study goes, from where to where. Mr. Plummer: Mr. Mayor, excuse me, I have no truck with what you're saying. Okay? But how in the hell can anybody come here and influence a study without this Commission knowing about it? Mr. Gary: They can't. Mr. Plummer: They're talking about a French zoning and all of this? Mayor Ferre: Don't get excited now. I'm talking about something which nobody here is privy to other than myself since I was just told about it a few days ago about the purchase, and I want to tell you that happens at least ten times a week. Okay? Most of the time I don't even talk about these things that people tell me about and what I'm doing right here is that I'm saying that Ken Treister told me that he is negotiating the purchase of this property which is immediately adjacent to Peacock Park and I'm asking the question: Okay, having been told by Howard Sharland that he's bought this piece of property that is going to affect Peacock Park and all I'm saying is I want to make sure that when your study group studies the effects of this park including Peacock Park that what they are proposing is taken into account and that doesn't mean that it is going to happen or is not going to happen. Mr. Luft: Another way of saying it is that the study con- tract make sure that the development that is occurring along Bayshore Drive or any perimeter properties, any of the proposals that are out there, we will be discussing with the community in public meetings the things that are going on. This will be brought to light and we will have to consider ideas. Mayor Ferre: Well, let me tell you why I think it ties in very very much, Jack and Willy, and the reason is that the State Park, the Barnacle, becomes very much a part of all of this and I want to make sure that when you make your study you don't come back here and say, "Hey, I start at Peacock Park and I don't have the rest of this." Mr. Plummer: But you see, let me tell you where I've got a problem. That property that you're indicating that Mr. Treister bought is presently zoned R-1. Is that correct? Mr. Luft: That is correct. Mr. Plummer: Now, I think it is ludicrous to take into consideration something other than what presently exists. That is almost tantamount to giving him what he wants. Mayor Ferre: No, I'm talking about the Barnacle, J. L. Mr. Plummer: Maurice, I'm assuming you're speaking of the Joe Harrison property which is immediately contiguous to the park. It is zoned R-1. Mayor Ferre: That's right. Mr. Plummer: That, if you are saying and indicating to this man who is going to do a master plan that that might change so you had better take that into consideration, if that isn't putting the cart before the horse I don't know what the hell is. RT 10/27/83 139 i 9 0 Mayor Ferre: J. L., again, let me explain. The State has a park, it is called the Barnacle. Okay? It relates to Peacock Park. What happens to the property in between the Barnacle and Peacock Park is important to the overall plan and I'm not saying that it will or will not happen, I don't even know that they bought the land, I'm just sharing with you that I was told last night that this is in the works. If, indeed, it is in the works, all I'm saying on the re- cord, is please be aware of it. Okay? Now, that is over at this end. Now, when you get to the middle of it you've got all these requests that have been going back and forth which are a matter of record about tennis courts and that is something that becomes an essential part of the total piece. There is also a request for parking which is a total part of it. There is also an aspect as to what happens to this building and that is a major determination. Is this a maritime museum? Mr. Gary: Are you moving? Mayor Ferre: Well, I don't know, there are a lot of ques- tions about that. Now, as you move along you get into all of these yacht clubs and how they impact into the whole thing. Mr. Gary: Well, I think the broad jist of the study is not to do what is good for one developer or one piece of proper- ty, the approach is going to be what is the best utilization of this land for the total City of Miami and I think that addresses the concerns of Commissioner Plummer. Mayor Ferre: Yes. At the other side, Howard, I'm just pointing all of these things. Mr. Gary: Don't get him upset, he gets scared. He thinks you're going to take his land away from him. Mayor Ferre: Well, you've got to put it on the record. You've got the issue of the Merrill Stevens thing which comes due in June and that has to be taken into account and what we're going to do with that piece of property and then you get into the whole area of what occurs with Monty Train- er which we've just been through so I mean there are a lot of if's and parts of this puzzle which become very compli- cated. All right, Joe, are you ready to move this? Mr. Carollo: I already moved it. Mayor Ferre: All right, J. L., are you all right on this or do you still have problems? Mr. Plummer: (INAUDIBLE, NOT USING MICROPHONE) Mayor Ferre: They're not going to do anything they want, J. L., this is the beginning of a process and I'm putting on the record some of the questions that are important to be put on the record. Mr. Plummer: Mr. Mayor, I understand that. Okay? I under- stand that and 1 would only hope that knowing Willy Bermello as I do that Willy Bermello will do the best job for this City as he has always done and I have confidence in that individual. He is charged with the responsibility, I hope he stays within the scope of that responsibility, that is all I'm asking. Mayor Ferre: Okay. Are you ready? Mr. Plummer: Yes, sir. HT 10/27/83 140 0 Mayor Ferre: Do you second it? Mr. Plummer: Yes, sir. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1009 A RESOLUTION DIRECTING THE CITY MANAGER TO EXECUTE A CITY/CONSULTANT CONTRACT, SUBSTANTIALLY IN THE FORM OF THE AT- TACHED CONTRACT SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, FOR PROFESSIONAL SERVICES BY THE FIRM OF BOEREMA, BERMELLO, KURKI AND VERA TO PREPARE A DINNER KEY DESIGN AND DEVELOPMENT MASTER PLAN IN AN AMOUNT NOT TO EXCEED 959000 FUNDED FROM SPE- CIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Mayor Ferre: In voting for it, Howard, I think it is impor- tant before this thing is concluded that Mr. Bermello share with the members of the Commission through you or at a meeting before you conclude your report where you're at. This may develop, that may not develop, I don't know. There are a lot of things up in the air in this whole general area which I think have to be fluid. We have this whole question of Lester Pancoast and Berla Marks and all of that. That deals with a whole issue of who he design team is. I don't know whether you've gotten to that but this Commission needs to be brought up to date on that. I'll tell you what, let me do this at the next Commission Meeting, it has nothing to do with it and I'll talk to you in private. All right, anything else on this? RT 10/27/83 141 53• ESTABLISH GUIDELINES FOR CITY AGENCIES, BOARDS, AND DEPARTMENTS FOR THE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM FROM 1983 THROUGH 1989. ----------------------------------------------------------- The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 83-1010 A RESOLUTION APPROVING THE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM 1983-1989 IN PRINCIPLE TO PROVIDE GUIDELINES FOR CITY AGENCIES, BOARDS AND DEPARTMENTS. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolu- tion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: Vice -Mayor J. L. Plummer, Jr. ABSENT: Commissioner Miller J. Dawkins 1 54. SECOND READING ORDINANCE - AMEND ART. 6 - PD-H PLANNED DEVELOPMENT HOUSING DISTRICTS, ETC. ------------------------------------------------------------ Mayor Ferre: Are there any objectors to Item 52 on Second Reading? Is there anybody here who wishes to object to Item 52? All right, is there a motion on 52? AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 610 ENTITLED "LAND USE INTENSITY RATINGS AND RELATED REQUIREMENTS", OF ARTICLE 6 ENTITLED "PD-H: PLANNED DEVELOPMENT - HOUSING DISTRICTS", SECTION 903 ENTITLED "LAND USE INTENSITY RATINGS AND RELATED REQUIREMENTS", OF ARTICLE 9 ENTITLED "PD-HC: PLANNED DEVELOPMENT -HIGHWAY COMMERCIAL DISTRICTS", BY ADJUSTING RATINGS AND ADDING A NEW SECTOR 9 WITH RATINGS; AMENDING SUBSECTIONS 203.7, 2006.2.1, 2013.6, AND 2015.1, BY CLARI- FYING LANGUAGE, AND 2008.11 AND 2016.11 TO PROVIDE FOR CLARIFYING LANGUAGE RELATIVE TO DISTRICT BOUNDARIES AND FEDERAL FLOOD CRITERIA RESPECTIVELY, AND SECTION 2200 ENTITLED "INTERPRETATION AND ENFORCEMENT", OF ARTICLE 22 ENTITLED "FUNCTIONS AND RESPONSIBILITIES OF COMMISSION, OFFICERS, AND BOARDS IN RELATION TO ZONING GENERALLY" BY CLARI- FYING LANGUAGE RELATIVE TO INTERPRETA- TION AND ENFORCEMENT OF THE ZONING ORDINANCE; FURTHER, AMENDING PAGE 2 OF THE "OFFICIAL SCHEDULE OF DISTRICT REGULATIONS" MADE A PART OF SAID ORDI- NANCE NO. 9500 BY REFERENCE AND DESCRIP- TION IN ARTICLE 3, SECTION 320, THEREOF, BY INCLUDING THE RG-2.3 (GENERAL -RESI- DENTIAL TRANSIT) DISTRICT UNDER THE "LIMITATIONS ON SIGNS" COLUMN AND THE RG-3 (GENERAL RESIDENTIAL) DISTRICT UNDER THE "MINIMUM OFF-STREET PARKING REQUIREMENTS", AND INCREASING THE PLANE III HEIGHT ENVELOPE OF TABLE 2; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of September 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner J. L. Plummer Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. RT 10/27/83 143 r THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9722. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 55. SECOND READING ORDINANCE - AMEND CHAPTER 2 OF THE CITY CODE, SECTION 2-135 INCORPORATE BY REFERENCE EXHIBIT "D" URBAN PLAZAS FOR THE ADMINISTRATIVE REVIEW FOR URBAN PLAZAS IN THE CITY OF MIAMI "GUIDES AND STANDARDS". ------------------------------------------------------------ Mayor Ferre: Are there any opponents here, does anybody wish to speak to Item 53 at this public hearing? AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION (8) OF SECTION 2-135 ENTITLED "SAME DUTIES", OF DIVISION 8 ENTITLED "PLANNING DEPARTMENT", OF CHAPTER 2 ENTITLED "ADMINISTRATION", BY ADDING A NEW SECTION 4, ATTACHED HERETO AS EXHIB- IT "D", AND INCORPORATED HEREIN BY REFERENCE, FOR ADMINISTRATIVE REVIEW OF URBAN PLAZAS TO THE "CITY OF MIAMI GUIDES AND STANDARDS" PREVIOUSLY MADE A PART OF SAID SECTION 2-135 BY REFERENCE; AND CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of September 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9723. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: AGENDA ITEM 054 WAS CONTINUED TO NOVEMBER 18TH. RT 144 10/27/83 56. FIRST READING ORDINANCE -AMEND ART. 209 ORD. 9500 - CHANGE DEFINITION OF WATERFRONT YARD BASED ON REDUCED WIDTH OF ADJACENT WATERWAYS, ETC. ------------------------------------------------------------ Mayor Ferre: Does anybody want to speak to Item 55? Mr. Garcia -Pedrosa: I've got a small change to propose in 55, Mr. Mayor. Mayor Ferre: All right, tell me what the small change is. Mr. Garcia -Pedrosa: It is on page 7 under Parks and Recrea- tion, PR, Item #4. I would propose to strike the word recreational and move the word municipal to that place so that the sentence reads "Other activities which further municipal purposes." Mr. Rodriguez: And we agree. AN ORDINANCE ENTITLED - RT AN ORDINANCE AMENDING THE ZONING TEXT OF ZONING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20 OF SAID ORDINANCE ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS" BY AMENDING SUBSECTIONS 2006.5.5. TO CHANGE THE DEFINITION OF WATERFRONT YARD BASED ON THE REDUCED WIDTH OF THE ADJACENT WATERWAY, 2008.7 TO PROVIDE THAT ALL DEVELOPMENT IN WATERFRONT YARDS SHALL BE PERMISSIBLE BY CLASS C. SPECIAL PERMITS SUBJECT TO REQUIREMENTS, LIMITATIONS AND EXCEPTION, 2008.9.3. TO PROVIDE A MINIMUM 10 FOOT MEASUREMENT WITHIN THE BASE BUILDING LINE ALONG ONE SIDE OF A VISIBILITY TRIANGLE, 2012.3.1 AND 2012.3.2. TO PROVIDE MEASUREMENT FROM EXTERIOR WIN- DOWS, 2017.1.1 TO PROVIDE THAT BACKING A VEHICLE INTO A PUBLIC ALLEY IS PERMISSI- BLE BY CLASS C SPECIAL PERMIT SUBJECT TO REQUIREMENTS, 2020.1 TO PROVIDE THAT MOBILE HOMES MAY BE UTILIZED FOR TEMPO- RARY OFFICES OF OTHER PURPOSES SUBJECT TO A CLASS B SPECIAL PERMIT, 2034.3, TO PROVIDE THAT, PERTAINING TO A CERTIFI- CATE OF USE, NEW OWNERSHIP SHALL BE APPROVED BY CLASS B SPECIAL PERMIT; BY AMENDING ARTICLE 21 ENTITLED "NONCONFORMITIES" BY AMENDING SUBSEC- TIONS 2103.3 AND 2104.6 TO SIMPLIFY THE TIME PERIOD PERTAINING TO DISCONTINUANCE OF A NONCONFORMING USE; BY AMENDING ARTICLE 23 ENTITLED "SPECIAL PERMITS; GENERALLY" BY AMENDING SUBSECTION 2301.6 TO CLARIFY PROCEDURES AND STANDARDS FOR VARIANCES PROCESSED UNDER A MAJOR USE SPECIAL PERMIT; FURTHER, AMENDING SAID ORDINANCE NO. 9500 BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULA- TIONS MADE A PART OF SAID ORDINANCE BY REFERENCE AND DESCRIPTION IN ARTICLE 3 BY AMENDING PAGE 3, RO-3, PRINCIPAL USES AND STRUCTURES BY ADDING MEDICAL REFER- ENCE LABORATORIES AND TRAVEL AGENTS TO USES PERMITTED GENERALLY; BY AMENDING PAGE 5, CBD-11 PRINCIPAL USES AND STRUC- TURES, BY DELETING CG-1 AND SUBSTITUTING IN LIEU THEREOF CR-3 AS THE REFERENCE DISTRICT, DELETING REPAIR GARAGES, SPORTS ARENAS, FRONTONS, RACE TRACKS, VETERINARY FACILITIES AND PASSENGER AUTOMOBILES OR PASSENGER VANS FROM THE LIST OF USES NOT PERMITTED IN THE DIS- TRICT; BY ADDING "JOB PRINTING LITHOGRA- PHY, PUBLISHING AND THE LIKE" AS BEING PERMITTED GENERALLY, AND DELETING CG-1, AND INSERTING IN LIEU THEREOF, CR AS THE REFERENCE DISTRICT FOR LIMITATIONS ON USES; FURTHER AMENDING PAGE 6 PR, PRIN- CIPAL USES AND STRUCTURES, BY PROVIDING FOR "MUNICIPAL ACTIVITIES WHICH FURTHER RECREATIONAL PURPOSES," AND WF-R, PRIN- CIPAL USES AND STRUCTURES BY ADDING "RETAIL SPECIALITY SHOPS" AS A PERMITTED USE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 10/27/83 146 N I Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. 57. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 6202-6398 BISCAYNE BOULEVARD BY APPLYING SPI-9 TO THE PROPOSED CR-2/7. ------------------------------------------------------------ AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE SPI-9; BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO THE PROPERTY LOCATED AT APPROXIMATELY 6202-6398 BISCAYNE BOULEVARD, MIAMI, FLORIDA, PURPOSED FOR REZONING TO CR-2/7 (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS MADE A PART OF SAID ORDI- NANCE NO. 9500, BY REFERENCE AND DE- SCRIPTION 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9724. 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. RT 10/27/83 147 58. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 271 N.W. 29TH STREET FROM RG-2/5 TO CG-2/7. ------------------------------------------------------------ AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 271 NORTHWEST 29TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO CG-2/7 GENERAL COMMER- CIAL; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS MADE A PART OF ORDI- NANCE NO. 9500, BY REFERENCE AND DE- SCRIPTION 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9725. 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. RT 10/27/83 148 /1h 59. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 701-999 N.W. 22ND STREET FROM I-1/7 TO GU. ------------------------------------------------------------ AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 701-999 NORTHWEST 22ND STREET, MIAMI, FLORIDA, (MORE PARTICU- LARLY DESCRIBED HEREIN) FROM I-1/7 LIGHT INDUSTRIAL TO GU GOVERNMENT USE; MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE NO. 20 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9726. 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. RT 149 10/27/83 0 60. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION OF AREA BISECTED BY S.W. 27TH AVENUE BETWEEN S.W. 28TH TERRACE AND BIRD AVENUE FROM RO-2.1/4 TO RO-2.1/5 DELET- ING SPI-3 AND RETAINING SPI-12. ------------------------------------------------------------ AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY THE AREA BISECTED BY SOUTHWEST 27TH AVENUE BETWEEN SOUTHWEST 28TH TERRACE AND BIRD AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RO-2.1/4 RESIDENTIAL OFFICE TO RO-2.1/5 RESIDENTIAL OFFICE, RETAIN- ING SPI-3: COCONUT GROVE MAJOR STREET OVERLAY DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9727. 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. RT 10/27/83 150 0 0 61. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 2937 S.W. 27TH AVENUE FROM RO-2.1/4 TO RO-2.1/59 DELET- ING SPI-3 AND RETAINING SPI-12. ------------------------------------------------------------ AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2937 SOUTHWEST 27TH AVE- NUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RO-2.1/4 RESIDEN- TIAL OFFICE TO RO-2.1/5 RESIDENTIAL OFFICE, DELETING SPI-3: COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT AND RETAINING SPI-12: COCONUT GROVE SPECIAL CONSERVATION OVERLAY DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9728. 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. RT 10/27/83 151 62. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 2728 S.W. 23RD STREET AND 2729 S.M. 23RD TERRACE FROM RG-1/3 TO RO-3/6. ------------------------------------------------------------ AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2728 SOUTHWEST 23RD STREET AND 2729 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO RO-3/6 RESIDENTIAL OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Vice -Mayor J. L. Mayor Maurice A. NOES: None. Carollo Plummer, Jr. Ferre ABSENT: Commissioner Miller Commissioner Demetri THE ORDINANCE WAS DESIGNATED The City Attorney read record and announced that c members of the City Commissior RT 152 63. SECOND READING ORDINANCE - APPLY HC-19 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO GULF GAS STATION 1700 S.W. 22ND STREET. ------------------------------------------------------------ Mr. Luft: Item 25, Heritage Conservation designation, Commissioner Plummer, all of you, I gave you the letter of consent from the property owner on that one. That is the Gulf Station. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "GULF GAS STATION," LOCATED AT APPROXI- MATELY 1700 SOUTHWEST 22ND STREET, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECES- SARY CHANGES ON PAGE NO. 43 OF THE 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9730 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. RT 10/27/83 153 64. SECOND READING ORDINANCE - APPLY HC-19 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE HUNTINGTON BUILDING 168 S.E. 1ST STREET. Mayor Ferre: Item 26, explain that. Mr. Luft: 26 a Heritage Conservation designation. Mayor Ferre: We have a letter from the Huntington property. Mr. Luft: We have a letter from them consenting to this. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "HUNTINGTON BUILDING," LOCATED AT AP- PROXIMATELY 168 SOUTHEAST 1ST STREET, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF THE 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9731• 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. RT 10/27/83 154 65. SECOND READING ORDINANCE - APPLY HC-19 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE VILLA PAULA. ------------------------------------------------------------ Mayor Ferre: Take up Item 27. Mr. Luft: Item 27 is the Heritage Conservation designation. This was approved on First Reading, Villa Paula, and the property owner was here and spoke on the record in favor of this designation - 5811 N. Miami Avenue. Mr. Plummer: Let the record reflect that the owner did approve and as such, I will approve. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "VILLA PAULA," LOCATED AT APPROXIMATELY 5811 NORTH MIAMI AVENUE, (MORE PARTICU- LARLY DESCRIBED HEREIN); MAKING FIND- INGS; AND BY MAKING ALL THE.. NECESSARY CHANGES ON PAGE NO. 13 OF THE 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9732. 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. RT 10/27/83 155 66. SECOND READING ORDINANCE - APPLY PEDESTRIAN STREET INDICATION TO PROPERTIES SOUTH SIDE OF OAK AVENUE, WEST SIDE OF MARY STREET, SOUTH SIDE OF MAIN HIGHWAY AS FURTHER DESCRIBED IN THE ORDINANCE. Mr. Richard Whipple: #28 was left out under the translation of 9500, this is returning the same back in. Mayor Ferre: Is that a problem of any kind? Mr. Luft: No. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDI- NANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE PEDESTRIAN STREET INDICA- TION TO 1 ) THE SOUTH SIDE OF OAK AVENUE BETWEEN VIRGINIA AND MARY STREETS, 2) THE WEST SIDE OF MARY STREET BETWEEN GRAND AND OAK AVENUES, AND 3) THE SOUTH- EAST SIDE OF MAIN HIGHWAY BETWEEN MCFARLANE AND THE RS-1 DISTRICT BOUNDARY LINE, (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95001 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9733. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: Mr. Carollo, since the Clerk couldn't hear your voice, since you were in the back of the room, for the record.... Mr. Ongie: Items 27, 26, 25, 20, 19, 18 and 17. Mr. Carollo: I voted yes on all those items, Mr. Clerk. Mr. Ongie: Fine. 156 RT 10/27/83 67. APPLY HC-N, COMMERCIAL AREA HERITAGE CONSERVATION OVER- LAY DISTRICT AS A TEXT AMENDMENT TO PROVIDE FOR INTENT EFFECT LOT REQUIREMENTS FLOOR AREA LIMITATIONS, ETC. ------------------------------------------------------------ Mayor Ferre: 29, give us the explanation on this. Mr. Whipple: This is the providing of a Historic Preserva- tion District - 4, but we are not applying it at any loca- tion at the present time, this provides the legislation. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 16 OF SAID ORDINANCE ENTITLED "HC: HERITAGE CONSERVATION DISTRICTS;" MORE PARTICULARLY BY ADDING A NEW SEC- TION 1613 ENTITLED "HC-4: COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT;" PROVIDING FOR INTENT, EFFECT, LOT REQUIREMENTS, FLOOR AREA LIMITA- TIONS, MINIMUM OPEN SPACE REQUIREMENTS, HEIGHT, OFF-STREET PARKING, TRANSFER OF DEVELOPMENT RIGHTS, AND CERTIFICATES OF APPROPRIATENESS; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID 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 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Carollo, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9734• 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. 157 RT 10/27/83 68. SECOND READING ORDINANCE - ART. 159 SPECIAL PUBLIC INTEREST DISTRICT, SECTION 1520 SPI-29 PRINCIPAL USES PERMISSIBLE AT OTHER LOCATIONS, RESTRICTIONS AND LOCA- TION ON GROUND FLOOR, FURNISHED PEDESTRIAN STREET, INC. ------------------------------------------------------------ Mayor Ferre: Take up Item 30. Explain what that is. Mr. Whipple: Item 30 is a clean-up of SPI District - 2 in Coconut Grove AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY AMENDING SUBSECTIONS 1523.2, 1523.3, 1526.2.1 AND 1526.2.2 OF SECTION 1520 ENTITLED "SPI- 2: COCONUT GROVE CENTRAL COMMERCIAL DISTRICT," OF ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC INTEREST DISTRICTS," BY PROVIDING DRIVE-IN FACILITIES FOR FINAN- CIAL INSTITUTIONS, DELETING REFERENCES TO PEDESTRIAN STREETS, AND INCREASING THE FLOOR AREA RATIO FOR RESIDENTIAL, NON-RESIDENTIAL AND MIXED -USED BUILD- INGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of September 29, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was thereup- on given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9735. 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. RT 158 10/27/83 ------ -- ------ --------------------------------------- 69. FORMALIZING RESOLUTION DIRECTING THE CITY CLERK TO REMOVE THE NAME OF RICARDO J. RECHANI, CANDIDATE IN GROUP II FROM THE BALLOT FOR THE NOVEMBER, 1983 ELEC- TIONS. ------------------------------------------------------------ Mayor Ferre: Since this is s touchy subject, let me read the motion into the record: "A Resolution, following a hearing as authorized by section 14 of the City Charter, finding that Ricardo J. rechani, a candidate for the office of City Commissioner in Group II, does not meet the required qualifications of an elector of the City of Miami, Florida; further directing the City Clerk to refrain from placing Ricardo J. Rechani's name on the ballot for such office in the election of November 8, 1983, or, if his name already appears on the ballot to take the necessary actions to remove said name from the ballot, or to lock the key for that name or otherwise to delete the name of said candidate so as to prevent a vote being cast for said unqualified candidate for the Office of City Commissioner." Now, in addition to which, there is attached for the record, a memorandum signed by Jose R. Garcia -Pedrosa, City Attorney, dated October 27th which concludes: "...I answer in the affirmative and now confirm that advice regarding our pro- ceedings here, in addition to which there is attached a resolution 83-981 previously passed and a copy of a state- ment by Ralph G. Ongie, Clerk of the City of Miami regard- ing.... Mr. Garcia -Pedrosa: That is a certification of the resolu- tion that you mentioned. Mayor Ferre: ... There is also a witness for subpoena ducas tecum signed by myself as Mayor. In addition, there is a memorandum signed by Howard V. Gary dated October 27, 1983, subject: Attempted subpoena service of Ricardo J. Rechani and there is furthermore an affidavit of Theodore Seaman, also dated the 26th day of October and notarized and a copy of a telegram from Virginia Hardison, Membership Records of the Florida Bar in Tallahassee, all of which is attached and made a part of the record. Is there further discussion on the motion? The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 83-1011 A RESOLUTION, FOLLOWING A HEARING AS AUTHORIZED BY SECTION 14 OF THE CITY CHARTER, FINDING THAT RICARDO J. RECHANI, A CANDIDATE FOR THE OFFICE OF CITY COMMISSIONER IN GROUP II, DOES NOT MEET THE REQUIRED QUALIFICATIONS OF AN ELECTOR OF THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO REFRAIN FROM PLACING RICARDO J. RECHANI'S NAME ON THE BALLOT, OR TO LOCK THE KEY FOR THAT NAME OR OTHERWISE TO DELETE THE NAME OF SAID CANDIDATE SO AS TO PREVENT A VOTE BEING CAST FOR SAID UNQUALIFIED CANDIDATE FOR THE OFFICE OF CITY COMMISSIONER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RT 159 10/27/83 Upon being seconded by Commissioner PLUMMER, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Joe Carollo Mayor Ferre: Is there anything else to come up before this Special Commission? This is a Special Commission Meeting for the purposes of discussing this.... It was a special meeting because we were on a zoning matter, to make it legal I've got to make a Special Commission Meeting which I have called for the purposes of passing the resolution we've just passed. I will sign it. Gracia, Demetrio. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:30 O'CLOCK P.M. MAURICE A. FERRE M A Y 0 R ATTEST: RALPH G. CITY CLERK Y* 1 �I^ NATTY HIRAI A` ASSISTANT CITY CLERKwoo 1 �\NV RT 160 10/27/83