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HomeMy WebLinkAboutCC 1982-01-28 MinutesS '4µy tf• ( �"� � �+� 1 l Z CITY OF MIAMI COMMISSION nnINuTEs JANUARY 28, 1982 OF MEETING HELD ON (P & Z ) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK t i t � . 1 �It�X A'WSTIORf AFFLA DA ,ITEM NDs ( P 4 Z SLLECT JANUARY 28, 1982 QRDINANCE 08 P VESOulf I ON No 1 `a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 GRANT ONE YEAR EXTENSION OF VARIANCE: 148 WEST FLAGLER STREET. DISCUSSION OF POSSIBLE CHANGE OF ZONING: 2661-2665 SOUTH BAYSHORE DRIVE INCLUDES DISCUSSION OF CBD- 2 DISTRICTS. (SEE LATER SAME MEETING FOR RESOLUTION OF CHANGE OF ZONING ISSUE). RESOLUTION OF INTENT: IMPACT FEES. i AUTHORIZE AGREEMENT: COOPERS 6 LYBRAND, C.P.A. FOR AUDITING SERVICES FOR FISCAL YEAR ENDING SEPTEMBER 30, 1982. GRANT APPLICATION BY FLORIDA POWER AND LIGHT TO CONSTRUCT SUBSTATION AT APPROXIMATELY 175 S.W. 14TH STREET FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 195 S.W. 15th ROAD DEVELOPMENT ORDER AMENDMENTS TO "MIAMI CENTER II" DISCUSSED AND TEMPORARILY DEFERRED (SEE LABEL 19- SAME MEETING) CLOSURE OF ALLEY: TENTATIVE PLAT #1124-A - "A.C. SUBDIVISION". DISCUSSION AND TEMPORARY DEFERRAL: REQUEST FOR CONDITIONAL USE P.U.N. - 2721 S.W. 22ND AVE. DISCUSSION AND TEMPORARY DEFERRAL: APPEAL BY TRINITY EPISCOPAL CHURCH -VARIANCE GRANTED FOR 553 ROOM HOTEL. APPROVE APPLICATION FOR DEVELOPMENT OF A P.U.N. AT 2721 S.W. 22nd AVENUE. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. APPROVE CONTINUED 'OPENING IN WALL" -CENTRAL SHOPPING CENTER. PERSONAL APPEARANCE: MR. COTIN REGARDING RECENT POLICE ACTIONS CONCERNING CIVIL DEMONSTRATION. PERMIT CONSTRUCTION OF 553 UNIT HOTEL STRUCTURE AT APPROXIMATELY 1744-56 NORTH BAYSHORE DRIVE. INSTRUCT PLANNING DEPARTMENT TO IMMEDIATELY BEGIN STUDY OF REZONING OF BISCAYNE BOULEVARD AREA FROM 36TH STREET SOUTH TO OMNI, ETC. DENY APPLICATION FOR OPERATION OF LIQUOR LICENSE: 1947 WEST FLAGLER STREET. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2661-2665 SOUTH BAYSHORE DRIVE FROM R-4 TO R-C (A VOLUNTARY COVENANT OR DEED RESTRICTION MUST BE FILED). R-82-61 DISCUSSION R-82-62 R-82-6 3 R-82-64 FIRST READING DISCUSSION M-82-65 DISCUSSION DISCUSSION R-82-66 DISCUSSION R-82-67 DISCUSSION M-82-68 M-82-69 M-82-70 FIRST READING 1-3 12-13 14-20 20-22 22-25 25-29 30-35 35-40 41-45 4 6-4 7 47-48 48-49 49-75 75-77 77-78 78-79 PAGE # 2 OR 10 NO# MELT KESOLUTION P b Z JANUARY 28, 1-82 M0, PAGE C ( ) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 APPROVE AMENDMENTS TO MIAMI CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER. PERSONAL APPEARANCE: MARTIN FINE ESQ. PROTESTING IMPLEMENTATION OF IMPACT FEES -MODIFY PREVIOUSLY PASSED RESOLUTION GRANT ONE-YEAR EXTENSION - CONDITIONAL USE-154 UNIT APARTMENT BUILDING AT 190 N.E. 5TH ST. DISCUSSION ITEM: OAK VIEW ESTATES PLAT -SENT BACK TO PLAT AND STREET COMMITTEE FOR RESOLUTION OF PROBLEMS. GRANT TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT UTILITY EASEMENT TO METRO FOR DUCTS AT FIRE STATION NO. 5 (RAPID TRANSIT PURPOSES). GRANT RIGHTS AND PERMITS TO METRO TO CONSTRUCT AND MAINTAIN BRIDGE TYPE STRUCTURES, SUPPORTS AND AERIAL GUIDEWAYS FOR RAPID TRANSIT SYSTEM STATE I. APPOINTMENT TO ZONING BOARD: DR. WILLIAM PERRY APPOINTMENT TO ZONING BOARD: (ALTERNATE MEMBER) -MR. OSVALDO MORAN (TO FILL UNEXPIRED TERM OF BILL FREIXAS). APPOINTMENT TO ZONING BOARD: MR. ALVARO ROMERO (EXPIRATION OF TERM SERVED BY STEPHEN CARNER). APPOINTMENT TO ZONING BOARD: MR. WILFREDO GORT (REAPPOINTMENT TO NEW TERM.) DISCUSSION ITEM: ETHNIC COMPOSITION OF VARIOUS BOARDS. APPOINTMENT TO PLANNING ADVISORY BOARD: MR. JOSE CORREA (REAPPOINTMENT TO NEW TERM). APPOINTMENT TO PLANNING ADVISORY BOARD: MR. LORENZO LUACES-(REAPPOINTMENT TO NEW TERM). EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE OF $12,000,000 PARKING REVENUE BONDS FOR CONSTRUCTION OF OFF-STREET PARKING FACILITY. FIX DETAILS: CONCERNING $10,400,000 PARKING REVENUE BONDS APPROVE OFFICIAL STATEMENT FOR SAID BONDS AND DIRECT PUBLICATION OF NOTICE OF SALE OF SAID BONDS. APPROVE AGREEMENT: ISAMU NOGUCHI FOR ARTISTIC SERVICES IN CONNECTION WITH REDEVELOPMENT OF BAYFRONT PARK. APPROVE AGREEMENT: FLORIDA NURSERYMEN AND GROWERS ASSOCIATION, INC. FOR USE OF COCONUT GROVE EXHIBITION CENTER: PERIOD 1983 - 1992 ACCEPT BID -RE -ROOFING OF FIRE STATION NO. 15 FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE. R-82-71 M-82-72 R-82-73 M-82-74 R-82-75 DISCUSSION R-82-76-A R-82-76-B R-82-76-C R-82-76-D DISCUSSION R-82-76-E R-82-76-F ORD. 9370 R-82-77 R-82-78 R-82-79 R-82-80 W 81-87 88-89 89-91 92 92-95 95 95 96 96-97 97-99 100 100-101 101-102 102-10= 104 104-10` 105-10, -lb\ MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of January, 1982, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:15 A.M., by Mayor Ferre with the following members of the Commission found to be present. x Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre ALSO PRESENT WERE: Howard V. Gary, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Maurice A. Ferre, who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. GPANT 1-YEAR EXTEIISIO14 OF VARIANCE: 146 West Flagler Street Mayor Ferre: We will take up Item 26 first. This is a variance of the Planning Department in approximately 148 West Flagler Street. Alright, Mr. Whipple, are you prepared to bring up Item 267 Mr. Whipple: We have no problem with the granting of the extension on this item. Mayor Ferre: Alright, are there any objectors to this? Item 26, this is a application by Interamerican Investments for a one year extension of a variance on setbacks that were previous loading spaces for a twenty-four story office building at 148 West Flagler and approximately 151 Southwest 1st Street. The Planning Board recommend... the department recommends and the Zoning Board recommended it be granted unanimously in June 1981. Mr. Codina, for the record I will ask the question that J. L. Plummer always ask, since he is not here and that is, why have you not started your project? Mr. Codina: The financing market is not quite where we would like it to be right now. Mayor Ferre: When do you propose to start your project? Mr. Codina: Well, if you can tell me when interest rates are going to drop a little bit, I could probably give you a better answer, but we hope... Mayor Ferre: I don't want to get into a debate with you on this. I just... we don't want to get into a Republican and Democrat— . Mr. Codina: We are dealing with an insurance company right now that... and we are getting to terms that are somewhat acceptable to us. As you may know we are trying to do an office condominium, rather than a rental and in loans for the attornyes in that area are about twenty percent right and we hope within the year that we would break ground. 01 1JAh 2 81982 0 Mayor Ferre: Your request is that this extension be for a period of, how long, Mr. Whipple? Mr. Whipple: Up to one year, sir. Mayor Ferre: Ok. You are optimistic that within that period everything being reasonable, that you might be able to get things going? Mr. Codina: I am cautiously optimistic, yes. Mayor Ferre: Any other questions? Is there a motion? Mr. Dawkins: Yes, I have one question. At the end of the year, if you don't get funded, you plan to come back for another extension? Mr. Codina: I couldn't answer that at this time, Commissioner. That's something that we would have to think through. Mr. Dawkins: But all I'm saying to you is, that we can't sit here year after, year after year and let you... I mean, give you certain privileges that we are not giving to everyone else. Mr. Codina: Commissioner, we had... we came up to this... in front of this Board for a variance to an 6 FAR and we have a project that has a seven and a half... Mr. Dawkins: My only question to you is on financing, sir. Mr. Codina: Well, let me answer it this way. This whole block has been rezoned 10', FAR... Mr. Dawkins: You said that you were here because you wanted a... because you cannot get financing, right? And I asked you only, if you will be back again at the end of the year for another extension? Mr. Codina: Probably not. Mr. Carollo: Mr. Mayor, there is a motion? Mr. Perez: Mr. Mayor, I would like to ask what is the procedure that we used in the past for this kind of case? Mayor Ferre: The procedure... Mr. Perez-Lugones: May I clarify one instance, sir? Mayor Ferre: Yes, sir. Mr. Perez-Lugones: Commissioners, there is only one extension that could be granted. There is no second extension. If this project is not on the road by the end of this year that you may grant, then it dies. Mayor Ferre: I would like to... I would just... so that we don't get confused on these things and we do have two new Commissioners and I want to explain part of the process. In the first place as Aurelio has pointed out, a person could ask for one extension. So, that's automatic. Secondly, we have now rezoned the area and the area, the rezoning, which has been mapped is much more liberal than what he got. So, in effect, he really doesn't need to get an extension because he could put a much larger project on the property. But I think it's a simpler process for him, since he, evidently, is happy with what he has to do this rather than to start all over again. So, I really... I think this is a rather... I don't think this is a controversial item. Mr. carollo: I certainly don't think so, Mr. Mayor. Mr. Codina's word certain is good in this town. Mayor Ferre: Alright, is there a motion? Mr. Carollo: There is a motion, Mr. Mayor. Mayer Ferrk•: Alriglit, there is a motion and a second, that this extension be 9rantc•d ui to a year, further discussion? Alright, call the roll on Item 26. 02 JAN 2 8 1982 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-61 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XVI, SECTIONS 4(1)(b)(d) & 6; AND ARTICLE XXIII, SECTION 7(4) (a) (c), TO PERMIT CON- STRUCTION OF A 24-STORY OFFICE BUILDING WITH A 10-LEVEL PARKING GARAGE ON LOTS 6, 7, & 8; BLOCK 137N; MIAMI (B-41) AND LOTS 4, 5 & 6; LEBLOND & ORR SUB (9-1), BEING APPROXIMATELY 148 W. FLAGLER STREET AND APPROXIMATELY 151 S.W. 1ST STREET, AS PER PLANS ON FILE, WITH THE FOLLOWING: 1. FRONT SETBACK: FLAGLER STREET AND S. W. 1ST STREET; ZERO SETBACK PROPOSED FOR BOTH FRONTAGES (10' SETBACK FOR THE FIRST 9' OF BUILDING HEIGHT REQUIRED). 2. DISTANCE FROM CENTERLINE OF STREET: (A) FLAGLER STREET (TOWER): 35' PROPOSED (151' REQUIRED); (B) S. W. 1ST STREET (TOWER); 140.1' PROPOSED (151' REQUIRED); (C) S.W. 1ST STREET (PARKING GARAGE); 37.5' PROPOSED (54' REQUIRED). 3. FLOOR AREA RATIO (FAR): 7.5 FAR PROPOSED (2.0 PERMITTED) . 4. OFF-STREET LOADING SPACES: 3 OFF-STREET LOADING SPACES PROPOSED (5 OFF-STREET LOADING SPACES REQUIRED). SUBJECT TO TRUCKS NOT BE ALLOWED TO PARK, LOAD OR UNLOAD FROM 7:30 A.M. TO 9:30 A.M. AND FROM 3:30 P.M. TO 5:30 P.M.; ALSO SUBJECT TO THE DEDICATION OF THE SOUTH 12.5' OF LOTS 4 AND 5 AND THE DEDICATION OF THE SOUTH 5' OF LOTS 6, ALL OF THEM WITHIN THE ZONED R/W OF THE S.W. 1ST STREET; DRIVEWAYS ON S. W. 1ST STREET SHALL CONFORM WITH CITY OF MIAMI STANDARDS (MINIMUM 5' FROM W. LOT LINE, AND 40' MAXIMUM LENGTH. PARCEL ZONED C-4 (GENERAL COMMERCIAL). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Mr. Perez, Mr. Dawkins, Vice -Mayor Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. 03 JA N 2 81982 0 a DISCUSSION OF POSSIBLE CHANGE OF ZONING: 2661-2665 SOUTH BAYSHORE DR INCLUDES DISCUSSION OF CBD-2 DISTRICTS. SEE LATER SAME MEETING FOR RESOLUTION OF CHANGE OF ZONING ISSUE. Mayor Ferre: Take up Item 8. And I would like to say to Mrs. Christie who is here with us today, that... and I know this is perhaps not the occasion to do it, but I want to just to share with her how very shocked all of us in the City of Miami and the Commission and all of us were at the passing of.Irwin who was such a fighter for so many good things in this community. We passed a resolution of condolence which I hope you have received and we feel... we share with you the sadness of your loss, as the community's loss as well as you own personal and your family's loss and we wish you and the children all the very, very best. Alright, we will take up Item #8. Mr. McManus: Mr. Mayor? Mayor Ferre: Yes. Mr. McManus: t;r. b;ayor, had distributed to you in conjunction with agenda Item 1, a separate issue, not specifically dealing with the rezoning. We have been advised by the Law Department that it might be... would be appropriate to take this up. Mayor Ferre: Alright, I will recognize Mr. Percy to explain the Sanibel Ruling that is evidently in play here, which specifically speaks to Charter 166 Florida Statutes, 166041, Paragraph "C". Alright, Mr. Percy would you explain this to us? Mr. Percy: Mr. Mayor, recently a case was reported on January 15th that we discovered last week and had a chance to review and in liRht of two recent cases. One of which involved in the City of Miami in the cable t.v, case. There is a developing trend in muncipal law that caused us to rethink our positions on the treatment of the municipal Home Rule Powers Act as it applies to the City of Miami, which is a Dade County Home Rule Charter of municipality and the City Attorney's Office is of the opinion that City or Planning Department initiated ordinances as we have been adopting them in the past may be impacted by these recent rulings and we respectfully request the Commission at this time to continue or defer action on those items that are indicated in our memo until such time as we can put in place the appropriate ordinance or legislation to embody and corporate all of the State requirements that we have heretofore not deemed necessary. Mayor Ferre: Now, what item, specifically, would that affect? Is that 1 thru 11? Mr. Percy: 1 thru 11 with the exception of 8, Mr. Mayor. Ms. Joyce Christie: Right. Because 8 is initiated by an individual, therefore, it does not come within the Statute. Mayor Ferre: So, in other words, it is the Legal Department's position that we are going to have to defer Items 1 thru 11, with the exception of 8? Ms. Christie: Right. Mayor Ferre:: Now, those of you that are here on Items 1 thru 11 with the exception of 8, you have heard the City Attorney's ruling on this. If anybody want to speak to it I will recognize you after we hear Joyce Christie's matter since hers is not in conflict, is that correct? Mr. Fcrcy: Correct. Mayor Ferre: And since she does have time constraint. Alright, so, why don't you proceed with Item 8. Ms. Christie: My name is Joyce Christie. My office is at 19 West Flagler Street, Suite: 1310. I am here this morning on #8 on your agenda. I represent Central Ban1: a,,d Pick Zelman, who represents Properties could not - 04 JA N 2 8 1982 be here. 5o, I'm also here on his behalf. We are seeking a change from an R-4 to an R-C zoning on a very small piece of property on Bayshore Drive... on Tigertail, but it is to develop a piece a property that goes from Bayshore Drive to Tigertail. I made an oversee picture to show you that piece that needs to be--- we would like to be rezoned and you can see that it is... on three sides there is already R-C on another side there is a gas station and on the other side of 27th Avenue there is an apartment building with a parking lot. Mayor Ferre: You want to put that up on the wall, please, Item 8. Mr. Whipple: We blew a bulb. We are trying to find one now, Mr. Mayor. The bulb was burnt out. If you will look on your fact sheet there is a map attached on the third sheet showing the property. Ms. Christie: (COMMENT INAUDIBLE). Mayor Ferre: Joyce, you have to do it on the... Ms. Christie: This is the piece of property right here ... here is the City Hall right here. This is Coconut Grove Hotel, you can see next door there is an apartment building with parking. This is R-C. There is a gas station here, there is an apartment house here with parking. This piece with the red around it that we would like to continue R-C. Mayor Ferre: You mean that you would like to change from R-4 to R-C? Ms. Christie: From R-4 to R-C. Continue R-C through this piece. Mr. Carollo: So, all around it is R-C, correct, Joyce? Ms. Christie: All around it's R-C. See this is not R-C, but it's a gas station. All this is R-C. Mayor Ferre: Alright, thank you. Alright, we will hear from the department. Mr. Carollo: Do you have a dawing of the area, Mr. Lugones? Mr. Perez-Lugones: Commissioner, it is on the fact sheet. The one that we have available. Mr. Carollo: Right, but it's usually the policy that we place it up there so everyone can see it. Mr. Perez-Lugones: That's right, but we burnt out a bulb. So, we are replacing that bulb now. Ms. Christie: I think with your zoning agenda, that you have a map like this. Mr. Carollo: It's there Joyce. Mayor Ferre: Alright, why don't you make your presentation, Mr. Luft. Mr. Luft: Tigertail Avenue diagonally across this photograph, 27tn Avenue North and Soutn, Bayshore Drive. The area in question is at this point right here. Tigertail Avenue from Aviation all the way down to the Village Center, Mary Street is zoned R-4. The reason this R-4 is here is to serve as a buffer, a transition between the only district in Coconut Grove that has no height limits. The R-C office district on Bayshore and the R-2 single family and duplex residential areas that lie to the North and along Tigertail Avenue. We have done this, we have preserved this area and in effect, accomplished our ends on severai developments along here. The Coconut Grove Hotel which I'm sure you are familiar with has built townhouse condominiums in the R-4 portion on the back of their property in compliance with the R-4 regulations. All we are saying is that any property that has frontage on Tigertail to the rear of these properties reaching through to Bayshore should be developed in compliance with the four story height limit, R-4 standards that this zoning provides. What this petition asks very directly is that, that R-4 principle be set aside, that the R-C be extended through to Tigertail. Now, the reason that this concerns mE, apart from the fact that it wouldn't be appropriate on this one property is that we have... I have had several inquiries in the recent past from property owners all along Tigertail in the R-4 area who wants R-C. At ol,e time t,ie town}-iouses behind the Coconut Grove Hotel did have offices in them, whic-. were told that they could not be there. It was illegal in the R-4 45 ' Af 2 8 1982 I and they had to convert back to the residential. What they have shown you here on this point where they say they are surrounded on three sides, it's really two sides, is a piece of property that fronts on 27th Avenue due to the diagonal platting of these streets through here we are left with some triangular parcels and these odd intersections. And it's a quirk of the platting procedure that one lot does penetrate up to the intersection, although: it has no frontage on Tigertail. In fact, the principle that we have set forth here, that is all properties with frontage on Tigertail remain R-4 as a transition zone, is left intact. Although, it would appear that this may violate that, it does not. In fact, the petition for the zoning change would violate that and in our opinion and the Planning Department we are saying to you that we feel this is a dangerous precedent and would in fact, invite similar propositions from all of these people along the R-4 area and in fact, from across the street. It is for that reason that we are recommending the denial of this petition as they proposed it. Now, the Planning Department has recognized one issue here. Most all of these lots are owned continuously from Tigertail to Bayshore. In an effort to respond to the needs of the particular property owner we have recognized that it may not be necessary to preserve a two hundred fifty foot deep R-4 zone all the way along Tigertail, which is what that... where that current zoning line is placed, the division between R-4 and R-C. To protect the R-4 frontage and maintain the continuity of that R-4 along Tigertail, we have suggested that the zoning district line be moved closer to Tigertail, thereby, providing this property owner and all the others what they are seeking, which is more of their property in the higher density R-C, but which would leave in tact the principle that we are seeking to preserve, which is the R-4 along Tigertail to a reasonable development depth. So, we are in effect, cutting the R-4 area in half and preserving an R-4 strip a hundred feet deep along Tigertail. That would be the compromise that we would suggest would be appropriate. It wouldn't give them everything they want, but it would substantially increase their R-C and alleviate some of their problems with the R-4. Mayor Ferre: Well, would that have to be a procedure that we would have to go through the... Mr. Luft: We would suggest that it should occur as a part of a district wide change, rather than a notch out of one property. Mayor Ferre: Ok, does that conclude your statement? Mr. Luft: Yes, it does. Mayor Ferre: Joyce? Ms. Christie: My clients have offered because of what happened with the Planning Board to voluntarily have a hundred foot green strip in the back with which, you know, it would be permanently green and may be parking underneath the ground and it's part of this chart underneath where they have had an architect draw it. Mayor Ferre: Let me see if we can cut... Ms. Christie: That would look even nicer than the parking lot that's next door and all... Mayor Ferre: Let's see if we a can cut through this. Jack, I understand what you are trying to do and I subcribe to it and will go along with your recommendation of doing area wide zoning of a hundred feet. I imagine that the problem that they have in this is that they don't what to wait for the period--- for the time that this would take to go through this process. If they are willing to give up a hundred feet, is there anyway that we can, like you just said, and put in the green area, that we can memorialize that legally so that it becomes part of the deed until you go through this process? Mr. Luft: Well, they can do that now. They can give us assurances ---We don't have to do arty thing--- that they would not build on or develop that rear hundred foot portion. but what they are suggesting is that the entire property be zoned R-C and after the zoning is granted they would promise to leave a green area in the back and that is not what I'm concerned about. What I'm concerned about is the principle of the R-4 zoning as a residential buffer with a height limit continuous for all the properties along Tigertail. And the green setback that she is referring to is really not relevant in this case. If they want to promise not to do that, that's fine and we will proceed with the zoning. But they really want a zoning change on that back half. 06 JAN 2 8 11982 Ah Mayor Ferre: Let me tell you where... I think we ought to proceed with what you are recommending anyway. On the hand in this particular piece of property the big difference that I see is that it happens to be the corner property of 27th Avenue and Tigertail and the immediately adjacent piece of property on two sides is R-C. Now, the problem is--- and I understand what they are trying to do is to figure out away to start with a project on that property, because I'm sure they are the adjoining property oners. Is that correct? Ms. Christie: They are trying to put something together, yes.... Mr. Luft: They do not own the adjoining property today. Ms. Christie: ... and time is of the essence. Mr. Luft: You could today change the zoning from R-4 to R-C for the rear hundred twenty feet of that R-4 tract. You could do that and then we could come back at a later date and straighten the line up. Mayor Ferre: Wouldn't that accomplish the same thing, Joyce? Ms. Christie: Yes. Mayor Ferre: Is acceptable to you? Ms. Christie: Yes. Mayor Ferre: That's acceptable to you, to your client? Mr. Luft: You understood what I just said? Ms. Christie: Repeat it. Mr. Luft: what I just said was consistent with what the department has recommended that the zoning line... the R-C, R-4 zoning line not be placed on Tigertail, but be placed one hundred feet back for just your property today and at a later date, so that you wouldn't have to wait, we would come back at a later date and straighten the line up for the rest of the properties, alright. Ms. Christie: Ok, can I check with my client? Can you give me a few minutes to make a phone call.? Mayor Ferre: Excuse me. Ms. Christie: May I take a few minutes just to make a phone call, Mr. Mayor? Mayor Ferre: Sure, why don't you do that. In the meantime, while you talk to your client on this we will proceed with the matter of the accounting contract. I know that all these people are here. The deferral item, you want to talk on that? Mr. Fine, I will recognize you. Mr. Martin Fine: Mr. Mayor, for the record, Martin Fine, 2401 Douglas Road. In reference to the CBD-2 provisions, we are in accord with the City Attorney's opinion. That is we don't object to it. I have read a copy of the decision and I'm not sure it requires all that, but I think in the essence of being careful and certain, we go along with it. What we would like to ask is that you fix a date certain when you will publish and that we can come back to a City Commission Meeting and know that we could have a hearing. We have been on this ordinance ten months. Mayor Ferre: Sir. Mr. Fine: We have been on this ordinance ten months. Mayor Ferre: Mr. Percy, what is your recommendation on time? Or Mr. Knox? Mr. Percy: We believe we could have all of the problems ironed out within sixty days. Mayor Ferre: That's a long time. Is acceptable to you? Mr. Fine: Well,... 0'7 JAB! 28 1962 Mr. Percy: We will endeavor to deal with it as soon as possible, but we would like to have the... Mayor Ferre: We are not the culprits in this Marty. Mr. Fine: Well, no one is a culprit. Here is what we are saying. At worst you have to have a thirty day advertisement as we understand it, instead of a ten day. Now, if somebody will start that thirty days running tomorrow or the next day you could be heard at the March meeting. Mr. Percy: We are going to endeavor to that Martin, but at the same time we will anticipate problems in it. Mayor Ferre: Is there any reason why we couldn't hear this at the March meeting which is March 25th? Sir. Mr. Whipple: We can't get the ad in, in time, sir. Mayor Ferre: You can't get in the ad on time from the 28th of January? Mr. Whipple: Oh, I'm sorry, for March. I'm sorry, I thought you said February. Mr. Percy: Yes, sir, we think we could accomplish that date. Mr. Fine: That's almost sixty days. Mayor Ferre: Is that your recommendation? Mr. Fine: Well, we would like to have it in February, but we can't have it sooner and that's what you all wanted, so we do it in March. Mayor Ferre: Well, February, you don't have thirty days because that.... Mr. Fine: Mr. Mayor, we are ready to go with March, except you might, frankly, for those items like the CBD-2 which have been going so long may be you would hear it at the meeting on the llth. Mayor Ferre: I have no objections to that. Mr. Fine: That would be helpful if you could. If it works out. Mayor Ferre: Can we do it by the llth? Mr. Percy: We will endeavor to. Mayor Ferre: Does anybody have objections to that? You have an objection to hearing those items on March llth? Do you have an objection? Mr. Percy: Mr. Mayor, a part of the procedural adjustments we are going to have to make is going to require that some of these matters will have be heard after a 5:00 P.M. public hearing and we are not certain actually which one will be impacted. So, we don't want to say Carte Blanche at this point and time if it's going to fall on the llth. But March 1st, I think, is a good outside date. Mayor Ferre: Alright, could we do it this way then. In all good faith we will try to do it by March the llth, but if we cannot do it by the llth, we certainly will do it by the 25th. Is that acceptable, then to everybody? Mr. Fine: It is to me, I don't know about anyone else. Mayor Ferre: Now, the llth is not a regular zoning agenda, but since this is a special extraordinary matter we have to hear it at--- after 5:00. Mr. Percy: That applies to some matters, Mr. Mayor, not all of them. Mr. Fine: No, Mr. Mayor, only if the area involved exceeds five percent of the total geography of the City of Miami and I don't think any of these applications affect more than--- less than five percent of... Mayor Ferre: So, then we don't have to hear it at 5:00, is that correct? 08 JAB! 2 8 1`82 7 � Mr. Percy: Now, what I was saying is the procedures that we are going to put in place requires that some zoning matters be heard at that time. We want a uniform ordinance that allow us to deal on a uniform basis rather than ADHOC and we think we need the time, March llth is a safe date in which to work toward. Mr. Fine: And one last thing Mr. Mayor, without being presumptuous. I'm sure there are several of us who have matters here that would be glad to word with the City Attorney's Office to review that before it goes to final form so we don't have a problem later on and what we are saying is we will be glad to cooperate with the City in anyway we can and expedite that ordinance. Mr. Percy: That's appreciated, Mr. Fine, we will be calling on you. Mayor*Ferre; Alright, do you need any resolution in this way? Ok. We are back to you, Ms. Christie. Ms. Christie: Ok. Mr. Mayor, Mr. Commissioners, my client was not in his office. I would like to present the following alternative and that is because I know that they are trying to put something together and for the financing of that it would probably be better and especially for the FAR to have the whole parcel zoned R-C. However, we will promise not to put anything on that last hundred feet, it will be totally a green area. Mayor Ferre: If you can accomplish the same thing by getting a hundred twenty feet in R-C, I think you have won what you really want to do. What more do you get by getting the last hundred feet in R-C and then dedicating that property to green area. I mean, what is it you accomplish by doing that? I mean, it's... six of one and half a dozen of the other and one is acceptable because it doesn't set precedent the other one sets precedent for legal action on adjacent property. You know that under the laws that the adjacent property, the immediately adjacent property can claim the same right. You know that. So, in effect, what we are doing is, we are now ---if we do what you are asking this is the beginning of the end of R-4 along that property and then the R-2 people across the street are not going to have any assurance of a residential... So, you accomplish the same thing by this without creating a breech. Ms. Christie: Ok, except what happens to the FAR when you go into... Mr. Luft: t-'x. Mayor, by rezoning it they can use the one hundred feet in the back to credit toward their floor area ratio calculations for a highrise office building on Bayshore. They get that much more... a much bigger building by getting the hundred foot rezoned. That's what they are after. And we are offering to move the line back and give them at least half of that R-4 area credit toward their office building, but the question isn't... you know, if they move the R-C back to Tigertail and then offered to leave a hundred foot green, fine, for that property. But the point is, is who else is going to offer to leave a hundred feet green? Who can? No, it's no precedent at all it's strictly voluntary on your part. We are saying that not only would everybody on your side of the street be eligible for asking for the same zoning change, but it would put a great deal of pressure on the gas station, who has already asked me for a zoning change and everyone on the other side of the street as well. Tigertail is a residential street. Mayor Ferre: I will tell you, this... I will take the... I'm sorry Joyce, because I know you have got to go to a hearing. I will take the prerogative that we all have here of postponing this until I have a chance to go look at it and until we -have a full Commission here. Alright, so we will continue this until... Ms. Christie: Until when? Mayor Ferre: Well, this afternoon, will be fine. Ms. Christie: This afternoon at what time? Mayor Ferre: Well, towards the end of the day. That will give me an opportunity to go over there and look at it a little bit clearer. Ms. Christie: Ok. Now, this can... this view can be also and that will give me an opportunity to go talk they are willing tr! do just that. seen on top of the hotel to my people and see if We LUVA JAIL '28 11962 Mayor Ferre: This matter is... Ms. Christie: Can you give me an approximate time? Mayor Ferre: 4:00. Mr. Luft: When you look at the property keep in mind that at the last public hearing which this item was postponed, there were representatives from the condominiums on both sides of the street across from there here opposing this particular item, ok. Mayor Ferre: Now, is there anybody here in opposition? Mr. Carollo: Jack, excuse me, where do you live in? Ms. Christie:' But Mr. Mayor, the piece of property that objected is the one on the corner where there is a great big parking lot on 27th Avenue which detracts from 27th Avenue. And also, you have to take into consideration that there is a gas station right across the street also. Mayor Ferre: We will hear it this afternoon at 4:00. 3. RESOLUTION OF INTENT: IMPACT FEES Mr. McManus: Mr. Mayor and members of the Commission, we had distributed... the Administration had distributed a memorandum to you from the Manager, which was related to agenda Item 1 and does not have anything to do with rezoning. The Item had to do with a resolution of intent to subsequently enact impact fees in the growth areas of the City, including the Omni and Brickell areas. Mr. Mayor, there has been discussion about the impact fees proposal within the City in conjunction with the growth areas in the City, particularly Brickell and Omni where we are going through an extensive rezoning process. We are suggesting to you a resolution of intent to subsequently enact an impact fee ordinance. We are suggesting within sixty days, that you authorize the Manager and the Law Department to engage legal counsel to assist them, reviewing Flonda Case Law and bringing back to you an impact fee ordinance. And lastly, instructing the Manager to instruct the Building Department to stamp all plans that are approved by the Building Department for building permits that they may be subsequently subject to impact fees. Mayor Ferre: Mr. McManus, as a matter of just public philosophy, I concur with the basic premise of impact fees. I mean, that's an idea who's time has arrived. Now, what I would like to ask you since this is dated January 20th, when it was that your office or the Manager's office distributed this information to this Commission? Mr. McManus: I believe that was distributed, perhaps Monday. Alright, Mr. Reid is... Let... Mr. Garr: It was distributed Tuesday. Mayor Ferre: This Tuesday. Mr. Gary: Yes, sir. Mayer Ferre: Now, I have no objections to voting for this, because all it really does is it authorizes you to start the process, but I want to reserve the right of changing the peramaters since I was absent from the Lity... I was in Washington yesterday and I have not had a full opportunity to review this. It was distributed as you said on Tuesday, I just want to put that on tht record. As you know the City of Miami Commission has a five day rule and you have violated the five day rule and I would ask once again, that you not put can agendas items that this Commission has not had five days to review. 10 JA AN 2 8 1SOL2 Now, that is in violation of our procedures and once and a while we have an emergency and it has to be done, but I want to... and tell the Administration that this seems to be standard operating procedure, that everything is given to us one or two days before. We are expected to read it analyze it, discuss it with staff and vote on it all in a matter of forty-eight hours and just isn't possible. So, since this is not a matter of great consegence, because it is just an initiating... Mr. Gary: Resolution of intent. Mayor Ferre: I'm willing... I personally am willing to go for it, but I think we have to be careful with these things. Mr. Gary: Mr. Mayor, since the initiation of your policy with regard to the five day rule, this is the first item that we have brought to your attention with regard to this matter. Mayor Ferre: The five day rule has always existed in the City of Miami. At least for the eleven years that I have been on it. There has always been a five day rule, it's not a new policy. That's standard procedure in this City. Alright, any questions on Item 1? What's the will of this Commission? Mr. Carollo: I move it, Mr. Mayor. Mayor Ferre: Is there a second? Mr. Perez: Yes, I second. Mayor Ferre: Seconded by Mr. Perez, further discussion? Alright, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-62 A RESOLUTION OF INTENT OT ENACT AN IMPACT FEE ORDINANCE WITHIN 90 DAYS APPLICABLE TO THE CITY OF MIAMI AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE WITH OUTSIDE COUNSEL TO ASSIST IN DEVELOPING SAID ORDINANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Mr. Perez, Mr. Dawkins, Vice -Mayor Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. FURTHER DISCUSSION: Mr. Percy: Mr. Mayor, let the record reflect that is a pocket item and not Item 1 as per the Zoning Agenda. Mayor Ferre: I `.•.ave it here as agenda Item 01, Planning and Zoning. It says as related to agenda Item 1 in the City Commission's meeting on January 28th the Administration has prepared and will discuss the attached resolution pertaining to intent to impose impact fees. So, it is in the agenda packet dated January 26th as received in my office, two days ago this item attached to.agenda Item 1. And I have no objections as I said to it, it's just the procedure that ypu are following I think is improper. Alright, let the record reflect that t11:.z is not... this is an attachment to Item 1 rather than Item 1 itself. _.11 J AN 2 81982 c 4. AUTHORIZE AGREEMENT: COOPERS & LYBRAND, C.P.A. FOR AUDITING SERVICES FOR FISCAL YEAR ENDING SEPTEMBER 30, 1982 Mayor Ferre: we have this question of the accounting contract for the City... the audit contract. Is that something that we could take up? Mr. Gary: Yes. sir. Mayor Ferre: What Item is that? Mr. Gary: That's Item... it's in your agenda packet that was provided to you in the non -zoning agenda. Mayor Ferre: Do you know what item that is? Mr. Gary: You have an envelope, Mr. Mayor, it looks like this. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Mr. Manager, unless this is a controversial item I just... these people are sitting around waiting for us and we may be able to get them out of here quickly. Are there any questions with regards to the resolution authorizing the Manager to execute a professional service agreement with Coopers & Lybrand for auditing service to the City of Miami. Mr. Gary: Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Gary: If I may, I would like to give you a highlight of the additions made to this particular auditing service agreement as opposed to what we had previously. First of all, this is for five years. It's at a standard rate with no escalating cost and we insisted on that... Mayor Ferre: Is the rate the same as it is now? Mr. Gary: The rate is the same that it is now and we have a provision that the cost will not go up from year to year. It stays stable. Secondly, we have a provision that they will help us in getting a certificate of conformance for our Finance Department which is vital for our bonding capacity, which we have never had before. Thirdly, they will continue to do quarterly audits. And lastly, there will be penalties for non-performance, which has never occurred in our previous contracts with auditing firms. Mayor Ferre: I just have one question. If the Administation or the Commission is not satisfied with the way the audit is being done or the audit procedures and we wish to go to Arthur Anderson or to Touche Ross or somebody else, is the... are we bound for five years or can the Commission reverse this? Mr. Gar;: -No, sir. The City Commission can terminate this agreement on thirty days notice at anytime. Mayor Ferre: At anytime without any specific clause? Mr. Gary: Yes, six. Mr. carollo: I think this is very amply protected in all ways, I think. I so move. Mayor Terre: Alright, there is a motion then, that the resolution before you authorizing the Manager to come to an agreement with Coopers & Lybrand for auditing services. Is there a second? Seconded by Commissioner Perez. Now, let me under discussion understand. Mr. Manager, they are using minority f irmr: both Latin and Black? Mr. Gary: Yes, sir. JAN 2 81982 11 Mayor Ferre: And who has the fiscal responsibility should there be a lawsuit and we have to sue them and what have you? Mr. Gary: Coopers & Lybrand. Mayor Ferre: For the full amount? Mr. Gary: Yes, sir. Mayor Ferre: In other words, it isn't for fifty-two percent? a Mr. Giry: No, sir. And their name will be used on letter head for bonding purposes. Mayor Ferre:, What percentage of the total will Coopers & Lybrand have actually? Mr. Gary: Coopers & Lybrand is fifty-seven and a half percent, Kline, Jacomino and Company has forty-two percent and that's a Latin firm. And W. Bernard Koon, C.P.A. which is a Black firm, has fifteen percent. Mayor Ferre: And when we go to New York for a bond it will be Cooper & Lybrand's name on ... Mr. Gary: Yes, sir. We use their letter head. Mayor Ferre: Ok, I don't have any other questions. I think that covers the full concern. Alright, any other questions? Alright, call the roll on the motion. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-63 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND COOPERS & LYBRAND, CERTIFIED PUBLIC ACCOUNTS, FOR AUDITING SERVICES TO THE CITY FOR THE FISCAL YEARS ENDING SEPTEMBRE 30, 1982, TO 1986, WITH FUNDS THEREFOR NOT TO EXCEED $175,000 FOR ANY FISCAL YEAR DURING THE LIFE OF SAID AGREEMENT ALLOCATED FROM SPECIAL PRO- GRAMS AND ACCOUNTS, SPECIAL SERVICES, EXTERNAL AUDITING SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Mr. Perez, Mr. Dawkins, Vice -Mayor Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. -13 'dA N 2 81982 5. GRANT APPLICATION BY FLORIDA POWER AND LIGHT TO CONSTRUCT SUBSTATION AT APPROXIMATELY 175 S, W. 147T STREET Mayor Ferre: Alright, we are now on Item 13. Mr. Traurig: Mr. Mayor and members of the Commission,... I don't know whether or not you wanted me to make a presentation, Mr. Mayor or you wanted to hear from staff, excuse me. Mayor Ferre: .I don't care what procedure you follow. I will let the staff decide. You want to make the presentation first? Mr. Whipple: Mr. Mayor, just a brief statement and then the applicant may proceed. The Planning Department does recommend approval of this item for a substation at this location. We have conferred on numerous occasions with Florida Power and Light, their representatives. We understand the needs that are involved and those needs are one for servicing a increased intensity in the Brickell area that is already on line and will continue and also, there is a need to service the Rapid Transit and People Mover Systems as they come on line. This is necessary as we understand and believe to break down the load that is presently occurring in the Downtown substation and provides for the necessary linkage and cross pieces by which to provide the necessary power and services to the community. On that basis we recommended it. Mayor Ferre: Alright, have you talked to the community? Are the people in the community aware that this is coming? Mr. Whipple: This went through the public hearings through the Planning Advisory Board, it was legally advertised, there was little response as far as the public and I believe the applicants will indicate to you that they have also been out in the community in contacting the residents. Mr. Carollo: Do you want to add anything, Bob? Mr. Traurig: No, if there are no members of the community here... Mr. Carollo: Are there any objectors present? Mr. Traurig: Well, I guess there are. Mayor Ferre: Alright, I'll hear from the objectors. Sir, you want to make a statement? Mr. Traurig: We would like to make just a brief statement just so that you can get the over view of it. I think that it's recognized by this Commission and by the staff that the power company has to increase it's service capability for this particular area. This is going to be the Simpson Substation. You are looking at an areal photograph,which shows the location at the corner of 2nd Avenue and 14th Street Southwest, just a little bit north of Simpson Park. Mr. O'Donald will show you the... an overlay, an exact overlay of what is being proposed as the exterior of this site. That shows that we are converting what is presently.an older apartment complex into a very nicely landscaped screened wall to enclose what Florida Power and Light proposes to build. I think it's recognized as Mr. Whipple said, that because of the increased demands along Southwest 8th Street, the increased demands of Claughton Island, the increased demands of Brickell Avenue, the increased demands of the Mass Transit System and thr, increased demands of Southwest 3rd Avenue up to 12th Avenue, that there will have to be some new electrical service capability. We have a number of charts showing service areas. Showing why this new service area has to come on line being split away from both the Miami area and the .1atoma area and we can demonstrate all of this and Mr. Guy Sanchez, the Manager of the Miami Division, will be here, is here, to talk with you about that. But basically, what we want to say to you is that we are cognizant of the interest of the neighborhood. We know this has to go there. It's strongly recommended to you. We are not going to put out the tenants who presently live in this building abruptly. We have with us a letter which has been addressed to Mr. Theodore Nestor, who had expressed an interest at the Planning Advisory Board regarding -14 JA N " 8 ld-'62 the length of time in which tenants in the building can remain. We are not prepared to start on this for another year. During that year we will work with the tenants on relocation if necessary, but certainly give them the opportunity to relocate, so that we are not just putting out the existing people. Mayor Ferre: How many people actually live in those apartments? Mr. Traurig: We have fourteen apartments and two other occupants. Sixteen all together. Mayor Ferre: Sixteen families. Mr. Traurig: Right, sixteen families. We also have with us a letter with regar4 to noise levels that demonstrates that the noise levels to be generated here will be well in keeping with vecibel ratings that are acceptable to residential neighborhoods. We are prepared to make a major statement if it's necessary, Mr. Mayor, we think that the facts are so obvious that it's not necessary to do it, but we will reserve that for rebuttal. Thank you. Mayor Perre: There is a Florida Power and Light Station right off of U.S. 1 around 15th or 16th. You know the one right beyond the rail... Mr. Traurig: That's the Natoma Station, yes. Mayor Ferre: Natoma Station. Is that similar in size to the Natoma Station, Guy? Mr. Guy Sanchez: My name is Guy Sanchez, I am the Miami District Manager. My office is at 1 Biscayne Tower. Mr. Mayor, the substation they are referring to is called "Natoma" Substation and this substation will be smaller in size compared to Natoma, because Natoma is part transmission station too and has bigger capacities. So, this will be smaller in size and area. Mayor Ferre: Now, let me ask you this, this Simpson Station I see where it's going to do... it's going to take all of the Brickell Avenue, including Brickell Key right up to the River and then it looks like along 8th Street. My question is when you get down here to 'Rikenbacker Causeway I notice that it cuts on an angle so that some of those apartment buildings off of Ricken Backer Causeway are going to be part of the Natoma area. Mr. Sanchez: The boundaries that you see on that chart between the green and the blue lines are actually not exactly that you are going to have, you know, a physical separation. In fact, the feeders are interconnected for emergency purposes. So, these are approximated boundaries of the service areas. So, they could be... normally they are served out of one particular substation, let's say Simpson, under some abnormal condition they could be served out of Natoma in emergency situations, but those lines indicate the approximate boundaries of the service area of the substation. Mayor Ferre: Understood. Alright, are there any other questions of Florida Power and Light? Mr. Perez: Mr. Sanchez, will the station serve people out of the City of Miami or only the City of Miami? Mr. Sanchez: No, only the City of Miami. It will be only City of Miami. All this within the City of Miami entirely. Mayor Ferre: Alright, let's hear from the opponents now, alright. Yes, sir. Your name and address for the record. Mr. Carl Walden: My name is Carl Walden and I have lived right there just about three houses away over twenty-eight years. Please, excuse... I have never spoken before the Committee and please, excuse my inexperience and my nervousness. I was concerned about one thing about if there is going to be a lot of people working there and there will be no place... the whole neighborhood will be full of cars. How many will be employed there? Mayor Ferre: Let's answer that, because as I understand, there isn't anybody working there. That's just a electrical station. _15 JAN 2 8 1982 r fl, Mr. Sanchez: No, this is what we call an unattended substation. So, normally there is no one in there. There are certain days during the year where we have what we call a storm restoration training program and a group of people meet there... approximately ten people meet there for half a day every two weeks, only from April to June to get ready in case the City is hit by a hurricane and prevention of what has to be done for its restoration. Mayor Ferre: How many people would be meeting in those occasions? Mr. Sanchez: In those occasions ten people and as I said it will be half a day every two weeks. Now, normally during the year it's an unattended substation, so there is no one there working during the day at all. Mr. Walden: And that wall while I see it, that's going to be twenty feet high, is that correct? Mr. Sanchez: Oh, yes. They said there were thirteen favorable replies. Mr. Walden: I know everyone that lives around there and we are all against it. I know it's not going to do much good, but I just want to know about the accuracy of this report. Everyone that lives around the whole neighborhood has said "no" and I went up to... by the way there is a very nice woman up at the Zoning place, Ms. Gloria Fox, she was very helpful and she was very nice, but it's hard to get any letters to see who is for this. They must be two or three blocks away, but the immediate area are against it. Mayor Ferre: Well, I think you can see right up on the map, the areas in green are the people that were in favor of it and the areas in red are against it. I assume you live on lot three. Is that where your house is? Mr. Walden: Well, let me see, I'm a little bit confused. You say the people in the green they all said "yes"? Mayor Ferre: Yes. Mr. Walden: But how about the people where it's half green and half white? Donovan Villa area... Mayor Ferre: Well, the white area are people that did not respond one way or the other. The people in green are people who responded favorably and the people in red said "no". I assume you are either lots 1, 3, or 4. Mr. Walden: 4 there. Mayor Ferre: You are #4. You are in the corner? Mr. Walden: no, not on the corner. Anyway I'm inside of the circle, but I • was ... I have a neighbor right here and he doesn't know of anybody that said "yes", but I know it's quite futile, but I just wondered who said "yes". Mayor Ferre: Well, that's a public record, sir, and I'm sure that the Administration would be happy to give you the names and addresses of all the people that we have who have said that they are in favor of this. And you can... in fact, if you want we would be happy to help you get them all together and talk to them. You know, but I... you know, we have to be very careful and I want to assure you that in eleven years in this City I have never seen a case where the government has gone out and, coerced anybody in favor of or against, people say what they want. Now, some people are for and some are against, that's the way it is. Now, would you make sure that he has that available to him so he can look at them. Mr. Walden: And of course, it's when an individual, not that it's just myself, but our little neighborhood, one where... not that we use the fight Florida Power and Light, but we are against big monolithic corporation that we just more or less have to sit, but at least I would like to voice my opinion. How far is the setback on that... Mayor Ferre: I think it pretty well goes to the property line and there seems to be a green area that... landscaped around it. Mr. Sanchez: The setbacks as shown on the picture are thirty feet on the east side, twenty on the south, twenty on the west and twenty on the north. .16 JA(v 2 8 1982 (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Yes, landscape setback. Mr. Walden: Does something like that interfere with your reception. I mean, at the end of a day I want to come horne and turn on the television. Does this interrupt the signals so we can't... Mr. Sanchez: No, and the reason is that this substation, the transmission line fit in this substation is going to be underground. So, there is no high voltage over head lines at all coming into the substation. Mayor Ferre: Well, answer a specific question. Will that in anyway interfere with his ability to watch television? Mr. Sanchez: No. Mayor Ferre: It will not interfere at all. Mr. Sanchez: It won't be affected. Mayor Ferre: And there are no other side affects. I mean, he is not going to... Mr. Sanchez: None whatsoever. Mayor Ferre: And there are no other electrical problems when... Mr. Sanchez: Alright, for the record we have a hundred substations in Dade County, fifteen of which are located within the City of Miami and we don't have a single filed complaint of any interference of any of the substations. Mr. Walden: I want to thank you, for your time. Mayor Ferre: Yes, sir. Mr. Whipple: Mr. Mayor, if I may just interject two thoughts. I wanted to make the Commission aware of the procedures involved with approving a utility and that's the way these zoning ordinance address it. There is a special section in the zoning ordinance, which through the review process of the Planning Advisory Board and the City Commission, that a utility may be located in any district. It does not take a change of zoning. The zoning pattern stays the same. The second point I would like to make. As it is a residential zone, one of our early concerns was the setback and as per the resolution before the Planning Department has requested that a site plan and landscape plan be approved prior to the issuance of a building permit. Mayor Ferre; Alright, are there any other objectors that wish to be heard? Yes, Ma'am. Ms. Jane Theede: Dr. Theede. I don't object or approve. The thing that disturbs me is that immediately adjacent to the plan is that no one has made any remark and I find it difficult to believe that property owners do not have any opinion when there is something going to be built around them and my question is since, unfortunately, there are times in the history of Miami that mail has not reached these people, that there is a possibility that these people haven't been notified. You know, you can't respond if you don't know. Mayor Ferre: Mr. Whipple. Mr. Whipple: Mr. Perez-Lugones will respond to that. Mr. Perez-Lugones: As it is the procedure, we notify by mail all property owners within three hundred seventy-five feet... Mayor Ferre: That's not the question. We understand that you have mailed... I think what she is saying is, is there any verification that these neighbors have received the letters that were mailed out. I would assume that if some have signed in favor of it, that they have received the mail. Mr. Perez: As you can see, there are some in favor and against, which means that at least part of the mail reached them and I cannot account for every piece of mail that we... -17 JA N 2 8 1982 Ms. Theede: But, sir, the people that have responded are not property owners, these are apartment owners, I'm familiar with this area. Now, on Southwest 13th Street as well as I can remember, most of these are private homes, some of them are apartments, but that little triangle is an apartment. You have got an apartment across the street from those three lots. There is a house and then there is some apartments, but the thing... you know, you just don't remain without an opinion. This is not the nature of an American. Mr. Perez-Lugones: We do not address those letters to the dwellers of the apartments. It is addressed to the property owner as per the tax records. Ms. Theede: Alright, but the thing that disturbs me is that immediately to the North and immediately to the east of this project, which by the way, I think is nice looking and I have no objection to, but my fear is that we have property owners that are without notification. Now, if you send... I have property on the Bay and anything that goes on around the Bay I get a certified -sign -return - receipt letter from the State of Florida, Department of Conservation and if the City of Miami is not doing this, then I think you are being neglectful. Mayor Ferret Dr. Theede ask a fiscal conservative, I'm sure you would not want the taxpayers of this City to pay for the hundreds of thousands of dollars that would be involved in sending certified registered letters and I'm sure that Ernie Fannotto and his Taxpayers League would be up in arms to stop you from doing that or stop us from doing it. Now, I think that as bad as the U.S. mail may be, I think that as long as the department is sending out in the U.S. mail notification, that,that is what we have traditionally done. That's what Metro does and that's what most governments throughout the Country do. Mr. Perez-Lugones: And as you know, Mr. Mayor, not only we send the letter to the property owners, but we also post a sign on the property and it is advertised in the papers. Mayor Ferret Alright, thank you, very much. Are there any other objectors? Mr. Traurig: Mr. Mayor, just to give Dr. Theede some additional comfort. The property owner to the north who is Al Quinton, who owns an office building there not only received the notice, but was at the Planning Advisory Board meeting, has discussed it at great length with us and we have personally talked to people within the block. Mayor Ferret Alright, now, that goes on the record. Yes, sir. Mr. Umberto Gonzalez: My name is Umberto Gonzalez. I live at 1700 Southwest 2nd Avenue, which is in one of the businesses that is comprised there. I'm against it because I... of this project, because I think... I'm pretty sure that there were many other parcels in the area that could be taken by Florida Power and Light instead of that very good looking corner. That could be very good looking for another purpose instead of the plant. Mayor Ferret Mr. Sanchez. Mr. Sanchez: When a site is being chosen to locate a substation, two main criterias have to be looked upon. One, is the... to be close to the service areas, not to service. And number two, it has to be close to a transmission light, because we get the... we call it juice the power from a transmission line, then we step down the voltage. So, right now we have a transmission pipe cable running on Southwest 2nd Avenue coming from Miami plant, down South and feed Key Biscayne. So, the site is adjacent... immediately adjacent to a transmission line. When you locate the substation away from the transmission line, you are talking about increasing transmission cost tremendously, which will be an aggravation to all customers, because the cost will increase. So, the site meets the two main criterias that we have to 1loK on a suostation site. Mayor Ferre: Alright, questions from the Commission? Mr. Perez: Mr. Mayor, I would like to know why Florida Power and light chose this location? Did they try to find any other location before or do they have special guidelines in order to choose this place? Mr. Sanchez: Yes, this took extensive planning years ago in anticipating the load and once again, which is the most adequate site for the substation. Certainly the Brickell... Brickell area in itself... Brickell Avenue would have been away from the transmission line and it will be in the main artery where all the is JAB! 2 8 1982 a highrises are going. Any other alternative to the west would have implied, again, extending the distribution feeders will have to be longer in feeding that area. So, once again, it's a compromise between proximity to a transmission line and being close to the load itself. We did look to the various sites back in 1973 and this was considered the #1 as far as meeting all of the criterias. Mayor Ferre: Alright, are there any other questions? Any other comments? Mr. Dawkins: Along the same lines of Commissioner Perez's questions. While you were looking were there any areas that were vacant, that you might have been able to use? Mr. Sanchez: Yes, at a time in 1973, yes, but at higher cost and not as properly locate*3 as this one. Mayor Ferre: Alright, any further questions? Alright, what is the will of this Commission? Mr. Carollo: Mr. Mayor, I so move. Mayor Ferre: There is a motion that Item 13 be approved as recommended by both the department and the Planning Advisory Board, is there a second? Mr. Perez: I second the motion in accordance with the recommendation. Mayor Ferre: Further discussion? Mr. Carollo: Yes, Mr. Mayor, I would just like to may be clear the air a little more. I personally don't like the idea of putting a structure like that in a residential area, even though they have done an excellent job with the landscaping and the design of that building, but we have to face realities and the realities are that if we don't approve this here, they are going to have to build it somewhere else and that's going to end up costing an extensive amount of additional dollars that we are going to have to end up paying if we don't let them build this here. And those unfortunately, are the realities of this situation. That's why I'm voting "yes" for it. Mayor Ferre: Alright, any other statements? I think there is a valid concern and I think Commissioner Perez and Commissioner Dawkins are concerned about the integrity of a residential area. The problem of course, is that there is a lot of construction going on along Brickell Avenue. This is... and it needs this kind of service. And it is on the fringes of Little Havana. It's not quite Little Havana, it's on the fringes of Little Havana, but more important it is also on the fringes of Brickell Avenue and the station that needs to be built. And this is the area other than Downtown Miami that is growing the fastest in this community. I personally... the thing that concerns me and bothers me is that we are going to lose sixteen residences or sixteen families that desperately need housing in this community. We are taking away sixteen more units. We got a lot of problems in housing and taking away sixteen living units is not exactly a happy thing. On the other hand we do need this facility and I don't think... it's obviously, not beautiful, but on the other hand neither is it ugly. Now, and I think since they are setting back thirty and twenty feet in landscaping it, it will be a fairly neutral type of a thing and I don't think this is a bad thing necessarily to have in a neighborhood. So, it won't interfere with anybody. There are no people working there. So, there is no traffic or parking problems and it doesn't interfere with television reception in other areas. But it's one of these things that you need in so called progress. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-64 A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 32, TO CONSTRUCT A FLORIDA POWER AND LIGHT SUBSTATION AT APPROXIMATELY 175 SOUTHWEST 14TH STREET, BEING LOTS 11 THROUGH 16, BLOCK 94S, MIAMI A.L. KNOWLTON (B-41), AS PER SITE PLAN ON FILE, WITH A SURROUNDING WALL OF 20' IN HEIGHT (10' ALLOWED); ZONED R-4 (MEDIUM DENSITY MULTIPLE) SUBJECT TO SITE AND LANDSCAPE PLAN APPROVAL BY THE PLANNING DEPARTMENT. 19 JA N 28 1982 V i'll (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Mr. Perez, Mr. Dawkins, Vice -Mayor Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. NOTE FOR THE RECORD: ITEMS 1 THRU 11 WAS DEFERRED. r RST READ114G ORDINANCE: CHANGE ZONING CLASSIFICATION 195 S. W. 15TH ROAD Mayor Ferre: Alright, we are now on Item #12. Mr. Whipple: Mr. Mayor and members of the Commission, the Planning Department recommends denial of this request to change the zoning. The request is one from an R-4 zoning to R-C classification. We are dealing with a existing apartment... six story apartment structure, I believe thirty some odd units. The proposal to gain a office zoning classification of R-C conflicts with the plans and the efforts by which to encourage office development to the east side of the Rapid Transit right-of-way. Now, we do not feel there is justification for additonal R-C zoning in this particular area in close proximity to the multiple family area that is very well established around this property and on that basis we have recommended denial. Mr. Luft, would like to comment on it. Ma%,or Ferre: Alright, Mr. Luft. Mr. Luft: I would just simply like to reiterate the point that I made at the last meeting that the triangles that you saw in green on the last map, the one across the street on 15th Road, which was the apartment building Dr. Theede was referring to. The other property across 1st Avenue, apartment building, those owners are in favor of this proposal. It's very simple apartments that rent for four to six dollars a square foot with a zoning change will rent ten to twelve a square foot for office. And we are saying that we are concerned that a zoning change at this location would be tantamount to endorsement of a conversion of newly rehabilitated residential units to office in this vicinity of 15th Road The argument, of course, will be that these apartments are next to Rapid Transit and that they are next to a substation. We feel that the substation was carefully designed, appropriately landscaped and buffered and is not a problem as a neighbor. We do not agree likewise that the transit guideway and the lineal parkway beneath it are going to be any worse a problem for those residential units. Because if you can say that this unit... this apartment building is not appropriate at this location, then it would be tough to say that the others across the street next to the transit guideway would likewise be inappropriate. So, we recommend a denial on this. We are looking to sustain the integrity, the balance of this residential area which we have several hundred housing units of. Mr. Perez: W1,eie is the Florida Power location? From lot 11 to 17? Mr. Luft: That's correct? Mr. Perez: But the reason that I don't understand, you know, is why did the department recommend an approval in the Florida Power and Light lots and a denial in this property. 20 Jan 2 81982 Mr. Luft: The Florida Power and Light substation is needed ir this general vicinity. Any where you go in this particular area you are going to be impacting residential units. The substation as it's sited here is not on a major arterial and it is backed up to the R-C zoning on 13th Street. Of all the locations that, that substation could have gone, we felt this was the least in terms of the problems that it would create for adjacent residential. There would be this one unit across the street. Mayor Ferre: Well, Jack, I will tell you, my only problem in all of this and it's similar to that Coconut Grove thing that we deferred until 4:00. There is a little difference so... and the difference is that the moment you take that property across the street and make it into a Florida Power and Light substation, in effect, you really extended the R-C classification if you will, right now to acrosi the street. Mr. Luft: 711at's correct, we would concede that in effect. Mayor Ferre: Alright, so that if you were to take the R-C line and just make it straight across and along 15th Road and on one side it would be R-C and on the other side it would be R-4. You know, I think this is a very marginal thing I mean, I can vote either way on this one. I don't see much of a problem on this. Mr. Luft: Just so that you are aware that you shouldn't be surprised if the apartment buildings on the other side of 15th Road adjacent to the transit guideway come in with the petition for R-C, ok. Mayor Ferre: Yes, but see there you have a clear cut... there is a clear cut distinction in the sense that if in effect you draw a line along 15th Road and everything north of it really is either R-C or R-CB. I think... I personally would not be too inclined to vote for a change on the south side of 15th Road, which is clearly residential, which is clearly R-4 and make that R-C. I mean, I'm just putting that on the record now. Mr. Marvin Rozen: My nar-e is Marvin Rozen, 115U Southwest 22nd Street. In regards to this property where the triangle is and I want to rezone to R-C. If you look at it I think you will decide similar to what the Mayor just said. It's more or less spot zoning in reverse and I don't know how it came to be that way, but it just doesn't loot, right on the map to anyone that's familiar with zoning to have a little bit of R-4 going back into a zone R-C and R-CB. So, it would he straightening out the zoning lines to change that and make that R-C and of course, when it is changed it will be R-C which is residential or commercial or office. So, I don't intend putting people out and it will... a lot of them will stay residential. So, I'm not doing away with a lot of residential units and it's only fifty units any how. The parking situation won't be bad. I have got twenty-two parking spaces and room for ten more and plus the fact that you have got the Metrorail there where chances are you can park underneath when they get through. The... with Florida Power and Light on one side, the substation, R-C and R-CB on the other two sides with the Metrorail right next to you, I won't be able to get good tenants there. I will have to either rent real cheap or have vacancies. That will be more of a let down in the neighborhood than it would be to have offices there. Because just take it on your own, most of you if you have a choice you won't want to live in such space right between the railroad and the substation. The vacancy business at this time there is no problem. There is plenty of vacancies. I took a survey and I had at the time it came up before the Zoning Board fifteen signs within a half a mile showing vacancies which evidently meant there were more than fifteen vacancies because some apartments would have more than one. The... in order to have security there, which we need having had a couple of robberies. I need to spend some money and enclose the lobby and when I do that it makes it impossible to raise the rents leaving it the way it is now for apartments. So, it doesn't pay me to do it and I have to just go along without the security which is needed. I think if you think it over you will find... you will decide it's about the best case that you will ever run across for something that needs rezoning. Thanks, very much. Mayor Ferre: Alright, sir, questions from members of the Commission? Mr. Carollo: Yes, Mr. Mayor, can the Planning Board personnel point out to me the exact Sots that he is talking about. The one in the yellow completely there. Is this the only lot that we are talking about there? Mayor Ferre: It's right across the street from the Florida Power and Light substation that we just heard in Item 13. r � Mr. Carollo: Certainty. Ok, thank you. Mr. Perez: Mr. Mayor, I don't find any argument. The same question: that I make at the beginning. I don't find any reason why they approved the Florida Power right in the front of this property and now why they don't approve this lot. I move to approve this zoning that they are requesting. Mr. Dawkins: I second it. Mayor Ferre: Alright, there is a motion that the Zoning Board's approval be upheld. It's been moved by Perez, seconded by Dawkins, further discussion, read the ordinance. Alright, call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 3 AND 4 LESS FEC RIGHT- OF-WAY: BLOCK 97S; MIAMI (B-41), BEING 195 SOUTHWEST 15TH ROAD, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-C (RESIDENTIAL OFFICE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Perez and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: AYES: Mr. Perez, Mr. Dawkins, Vice -Mayor Carollo and Mayor Ferre. NOES: None. ABSENT: Mr. Plummer. ABSTAINING: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 7. DEVELOPMENT ORDER AMENDMENTS TO "MIAMI CENTER II" - DISCUSSED AND TEMPORARILY DEFERRED (See Label 19 - same meeting) Mayor Ferre: Alright, Item 14 is a resolution of the Planning Department approving amendments to the Miami Center II Dupont Plaza Project Development Order approved by the Commission by resolution 81-840 on September 24th. The Planning Department recommends approval and the Planning Advisory Board recommended approval unanimously five to zero. Alright, Mr. McManus? Mr. McManus: Mr. Mayor and members of' the Commission, this pertains to certain discrepencies in the Miami Center II Development Order that were called to our attention by the South Florida Regional Planning Council. As you recall this Commission enacted a development order for the Southeast Bank Financial Center in January a year ago, Subsequent to that through a series of public hearings this Commission then enacted a development order for the Miami Center II Dupont Plaza Project. Rather than having the developments orders having identical language the Regional Planning Council pointed out to us that because of the difference in time and the extensive public hearings, there were certain things that were in the Southeast Bank Financial Center Development Order that were not 22 JAIL 2 8 i982 in Miami Center II and conversely. This is a non -controversial item. Both representatives from the Miami Center II joint venture and myself appeared before the Regional Planning Council and said that we would urge a speedy resolution of the issue. Let me point out to you what we are talking about. We are suggesting here that the language from the Southeast Bank Development Order specifically reading "that the City shall not issue a certificate of occupancy for project until a public sector financing package has been cotmitted or other financial arrangements have been completed for the I-95 bifurcated ramps" that, that language which is in the Southeast Bank Financial Center Development Order be amended and added to the Miami Center II Development Order. The second point is, that there is a report that is called for that deals with that financial package. Because of the difference in time between the two development orders we are suggesting that the date that, that report is to be prepared be changed to June 30, 1982. Mayor Ferre: 'Rather than? Mr. McManus: Rather than a year from the date of the issuance of the development order. Mayor Ferre: Which is? Mr. McManus: September of... well, it would have been September of 1982. Mayor Ferre: 1961. Mr. McManus: Of 1981. The other three issues are relatively minor. They deal with the hours at which Southeast 3rd Street would be open to Biscayne Boulevard, that is two hours during the working day. That the developer rather than the City will provide security at second level pedestrian connections. And finally, correcting a typo, typographical error referring to the State of Florida Regional Planning Council rather than the South Florida Regional Planning Council. Mr. Mayor, what you are doing here is, despite this voluminous paper work, first of all, we are recommending that the Commission find that none of these proposed amendments which deal with omission and various discrepencies constitute a substantial deviation. Mayor Ferre: I wouldn't make that statement. Oh, I see, as legally defined in the Statutes, ok. Mr. McManus: As legally defined. That these do not constitute substantial deviations within the terms of the State Legislation. Secondly, that you are approving the amendments to the development order as I have indicated. Thirdly, that you are authorizing the Manager and the Law Department to proceed to sign an agreement, a stipulation to amend the development order and to dismiss the appeal which the Regional Planning Council currently has on file with the Governor and the Cabinet. Mr. Mayor and members of the Commission, I would suggest to you that this is a non -controversial item. We are essentially cleaning up the development order. Thank you. Mayor Ferre: Questions? Are you an objector? Mr. Phillip Jaffa: No, my name is Phillip Jaffa, One Biscayne Tower, Suite 3640, I represent the developers of the Miami Center Project. I am here... we agree with Mr. McManus's summary that he has just put forth to the Commission and have no objections to the proposed amendments. Mayor Ferre:' Ok, questions? Mr. Carollo: No, question, Mr. Mayor, just for the purpose of making sure everyone understands. Can you identify the names of the developers of Miami Center II. Mr. Jaffa: The developers of the Miami Center II are the Miami Center joint venture, a Florida general partnership. Mayor Ferre: In other words, known in the newspapers as Gould. Mr. Carollo: Mr. Gould and the Canadian partners he has, right. Mr. Jaffa: The general partners are Theodore B. Gould and Olympia -York Equity Incorporation a Florida Corporation. .23 JAN 2 8 1�UL Mr. Carollo: I just want to get it on the record. Mayor Ferre: Ok, Mr. Fanotto. Mr. Ernie Fanotto: Honorable Mayor and members of the Commission, I concur with the Planning Department and the Advisory Board's recommendation and I want to explain why and I think this should be set as an example for the future Either we are going to abide by the old denominations and height, width and length that was adopted years ago when we had a to=-- prime rate or we are going to abide by the high prime rate and give these developers that come up here the benefit of a new planning and give them a benefit of the break, the difference between the old and new and height, width, length so as that they can build. If they don't get that they are not going to build. If they don't build you are going to have higher taxes and if you have higher taxes the people are going to complain. So, my argument is this here, you have to revise and approve these issues when they come up and be compatible with a high prime rate. Otherwise, you are not going to have the building and I recommend that you give these people speedy action and do it as quick as possible. Let's get this tax money on the tax roll. It means jobs and the more jobs you get means less crime. 24 r ah 2 8 1982 Mayor Ferre: You just talked me into it, Ernie. Mr. Carollo: Ernie, I didn't quite follow that, do you want to explain it again? Mr. Fannatto: I can't hear you but I'll listen anyway. Mr. Carollo: I said I didn't quite follow you, do you want to explain it again? Are you for or against it? Mr. Fannatto: Oh, I'm 100% for it. I want tax money on the tax roles and I want to see some of it used to fight crime and if you don't have jobs and tax money you'can't do either. Mayor Ferre: Ernie, I just saw the light. Okay, any other questions? What is the will of this Commission? One way or the other. Mr. Perez: I move to approve. Mayor Ferre: There is a motion to approve Item 14 as presented. Is there a second? Mr. Carollo: Mr. Mayor, if we could, I would appreciate if we could leave this item for the afternoon so that I could sit a couple of minutes with our Planning people and go over a few things I need to. Mayor Ferre: This item is now deferred until later on this afternoon. We'll have to come back. Mr. Jaffa: Mr. Mayor, is there a time that we could schedule this for? Mr. Carollo: It could be the first item in the afternoon, Mr. Mayor. Mayor Ferre: I would imagine, we've got to be here at 2 O'Clock anyway because we've got a citizen who wants to address the Commission, one of the people that were involved in the Saturday before last problem with the police. Mr. Carollo: Then 2:30? Mayor Ferre: 2:30? Mr. Jaffa: 2:30 is fine. Thank you very much. 8. CLOSURE OF ALLEY: TENTATIVE PLAT 11124-A - "A.C. SUBDIVISION". Mayor Ferre: Take up Item #15. Mr. Richard Whipple: Mr. Mayor, this is a request for an alley closure. Mayor Ferre: This has the recommended approval of the department and the Zoning Board approved it 4 to 1. Are there any objectors on this? All right, now why don't you explain what the alley closing is, what purpose it serves. Mr. Shipple: The applicants are requesting that the portion of the alley which I'm pointing to in yellow, running north south and a small piece in an east -west direction be closed and in conjunction with their replat, that alley would be located to the western perimeter of the property. So even though the alley is being closed, they are replacing it, they are actually relocating an alley, they're not just closing it. Mayor Ferre: What public purpose does it serve, Mr. Whipple? Mr. Whipple: Well, this primarily serves in unifying the applicant's property into a useful site without having a public alley in between. 25 JA N 2 81982 Mayor Ferre: What public purpose does it serve, Mr. Whipple? I'm not asking you what private purpose it serves, I'm asking you what public purpose it serves, I know what private purpose it serves. Mr. Whipple: An alley provides more the necessary circulation for trash veh- icles, garbage pickup and access through the block. Mayor Ferre: What public purpose does it serve, Mr. Whipple? Mr. Whipple: I don't have an answer, Mr. Mayor. Mr. Carollo: I guess what the Mayor is trying to say, Mr. Whipple, is that Mount Olympus is over here, not over there. I think you understand what I'm saying between the lines. Mayor Ferre: You know that we have a standard operating procedure on the closure of alleys and usually there has to be some public gain and we need to know what the public gain is going to be. Mr. Whipple: Well, I would suggest that the applicant is here, if he would like to address that issue. Mayor Ferre: All right, we'll hear from the applicants. Mr. Sherman Crawford: Mr. Mayor and Commissioners, Sherman Crawford, 2801 Ponce de Leon. Since our last meeting before this Commission, we have been discussing with the Planning Department your specific question on what we could do for the City in order to accomplish the goal which we desired which was a contiguous parcel of property that my clieets own. At the public hear- ing that was held before the Zoning Board, there were members of the public present and a discussion ensued as to a problem in that particular neighbor- hood caused by high crime and the use of the alley as it currently existed. Apparently it was in a state of disrepair, it had been used as a drag strip or a similar type item and that sort of thing. Mayor Ferre: I've got no problems with any of. that. Mr. Crawford: What we had proposed and what our discussions with the Planning people, the recommendations that they have given us, and, of course, we agree with them was when we move the alley that we do extensive landscaping and tree planting along the easements or the right-of-way to the east of that alley. That, in that particular way.... Mayor Ferre: You mean along North Miami Avenue. Mr. Crawford: No, Mr. Mayor, along North Miami Avenue, there, in fact, no land as I understand it where we could, in fact, plant trees. Along the alley between the property that my clients own.... Mayor Ferre: Well, then you mean to the west then, not to the east, you said to the east. Mr. Crawford: East of the alley where it is to be relocated or to the west of the property. Mayor Ferre: 1 see. Mr. Crawford: And that way, we would, in fact, create an effective buffer zone between the residential area which is currently zoned R-2.... Mayor Ferre: Well, what is your intention of how you're going to use this property which is part R-2 and part C-5? Mr. Crawford: At this time, the property has been used for more than 25 years as pari;ing lots. The two lots, numbers 9 and 28 have been parking lot:;, because of high crime.... May( of t't rrt- : Parking lots for what? Mr. Crawford: For commercial vehicles and for people coming to and from work. Mayor Yerre: And the property on North Miami Avenue, who owns that and what is that used for, is that a shop? Mr. Crawford: It is owned by my clients, there are businesses there, a con- tracting business and one-half of it is currently vacant. Mayor Ferre: I see. This is a contracting firm? Mr. Crawford: It is an electrical contractor where they do design work. There is not a warehouse or there is not heavy equipment there. Mayor Ferre: Tell me the name of the firm again. Mr. Crawford: It is AC Electric. Mayor Ferre: AC Electric, and by closing this alley what in effect you do is you're able to keep vehicles from coming on your property? What is the purpose of closing the alley? Mr. Crawford: Well, as it stands now the bulk of the vehicles that come on our property come through that alley where it currently exists are our own vehicles. Sy.relocating the alley to the west, having a contiguous piece of property, if need be we could enclose the area to lower the crime rate, we could separate that area from the residential area. All North Miami Avenue is heavy industrial C-4. Mayor Ferre: Let me tell you, I have two concerns. Okay? Number One con- cern is currently the Sports Authority is looking at the property across the street for a major development. If that doesn't happen, the FEC has said that they are going to proceed with a major development. This alley runs, I assume all the way from 36th Street down throughout that Wynwood community. Mr. Crawford: It stops at 31st Street, Mr. Mayor. Mayor Ferre: Well, 36th to 31st. Mr. Crawford: It stops also at the north end of 34th, it does not run the whole distance, from 34th to 31st. Mayor Ferre: I would like to ask the administration whether they thought this through properly, Mr. Whipple, as to whether or not that alley is ever going to be needed on a continuing basis and (2) I go back to my basic ques- tion. We in this Commission have traditionally asked what public purpose does it serve to close the alley. It's not enough that there is a private purpose there, that's fine, but what is the public purpose? And if there isn't a public purpose then you're going to have to make me a public pur- pose and usually developers or builders or property owners voluntarily agree to landscape either a certain portion or the property across the street or improve it somehow. We need to know how you are going to do something for the public, for the people of Miami if we vacate this alley. What are you doing for us? I know what we're doing for you. Mr. Carollo: Mr. Mayor, if I may, before he answers that, it is my under- standing that quite a few of the neighbors adjacent to that alley were pro- testing. Is that correct or not, Mr. Whipple? Mr. Crawford: That is not correct at all. There was one objector at the Zoning Meeting and at that meeting, in fact, his objection was to the nature, and I think the transcript would, in fact, I know it would reflect that. He had built a building in the middle of the public right-of-way and he was afraid that if he, in fact, if the alley was moved someone would require him to remove the building, it is a pre-fab metal building, would require him to move it. Mr. Carollo: If I may ask, before he answers the Mayor's original question, how many square feet of City land are you asking for? Mr. Crawford: Actually, we are losing land in the transaction, my clients are losing land by the relocation process. We are giving up land so to answer your question, how many square feet we're gaining, we're losing. Mr. Carollo: Well, I'm sitting here and I'm sure I'm sitting here and the same way I'm sure that I'm sitting here I'm sure that you're not losing land, it is the City that is losing land so with all respect to you, sir, that answer is certainly not valid. Now, Mr. Whipple, if I may, sir, I've been reading that you've been quite active in the press as of late, if I may follow one of the statements that you made recently, if we give this _! away, Whipple, I mean why not do it when everything else comes along? 27 JA N 2 8 1982 4 Mr. Whipple: Well, let me do two things, if I may, Commissioner. (1) Respond to the Mayor's question..... Mr. Carollo: I want you to, you know, go along with what you said and what this morning's editorial in the Miami Herald said, that somebody on this Commission could say no, no. Mr. Whipple: This Commission has the right to say no any time, as you're well aware. To answer the Mayor's question, the alley won't be closed, it should be left open and that's what the platting procedure indicates and that is what the request before you is. The alley remains open, it is in a different location. Mayor Ferre: Continuity was my question. In other words it is open but you have to zig-zag around to get through. Mr. Whipple: if you'll remember, at the previous hearing there was neigh- bors that were concerned because what people were doing was making a race track out of the alley and this is one way to stop it in this particular location. The continuity, none of the public works services have any objec- tions to that change in continuity, if you will and that's part of the review process of platting. What is the City giving away? The City is not giving away anything on this plat, it is simply a matter of moving the alley west- wardly approximately 40 some feet. Thirdly, I'd like to point out to the Commission there is a benefit to be derived not specifically with this ap- plication but with the platting process. The applicant as he is replatting the lot is required to landscape the adjacent public right-of-way. That is approximately 500 and some odd feet and will require approximately 15 or 16 trees to be planted along 33rd Street, 32nd Street and along Miami Avenue and I would say that is going to be a siginificant improvement in that area so I think there is a public benefit through the platting process. Mr. Dawkins: Okay, a question to either one of you. This alley runs from 31st to 34th, is that correct? Mr. Whipple: 31st to 32nd, I believe it is. 32nd to 33rd, I'm sorry. Mr. Dawkins: The entire alley runs from what to what? Mr. Whipple: It stops at 31st and it goes up to the property, I believe, just south of 36th Street. Mr. Dawkins: What makes it so important to this client that the alley must be moved that is not as important to the individuals who live from 31st to 32nd and from 32nd to 36th? Mr. Crawford: The best answer I can give to that is that I do not know pre- cisely right now who owns the other parcels of land that makes it different for them. In our particular case, we do, in fact, own the two parcels of land directly to the west of that alley. As it stands now, we cannot effect- ively use that land at all because the width is too narrow to build anything on and even as a parking lot we cannot use it because of the high crime in the neighborhood. We originally when we started this process, if I might explain just real briefly what happened, we went to the City of Miami, the Planning Department with the problem. We own this land and we wanted to use it. We have a business there, we have been running the business there for 16 years but we're running into a problem because we cannot use our land and there is a crime problem in the area. We worked with them for about 5 months drawing up different re -plat diagrams, discussing zoning changes, etc., to try to come up with a solution that would allow us, if nothing else, and we had to, if we move the alley and then we're in a position to put up a fence so we could put vehicles in there or do anything, so we could use the land. This replat plan was not of our own design at all, in fact, it was one that was developed with the City of Miami planners. Perhaps that's part of the. difficulty their having defending it or answering your specific ques- tions on what we're going to do to the City. We're just trying to use the land where we do have our businesses, where we do employ people and pay taxes and everything else and we worked with the City and this is their planners' solution and it is one that we can, of course, work with and I think the City will benefit from it. Mayor Ferre: Okay, from my vantage point, it is just one man's opinion here, I think that as long as you're going to do some of the landscaping that is required, and you're going to fence this area? - 28 8 1982 0 Mr. Crawford: Well, at this time, I think if we moved the alley we would not even have to fence it because the ally in itself serves as a buffer zone, there would not be traffic driving straight through as there is right now and I suspect, if you looked at crime studies, and I'm certainly not a crin- inologist, you would find that in itself is going to solve most of your prob- lems just by cleaning up that area. Mayor Ferre: Okay, well, just to the new members of the Commission, the City Commission traditionally at the request of property owners does vacate alleys and we have a record of doing that. Now, in this particular case we're really not vacating an alley, we are moving an alley, but I think that we're also getting landscaping in the general area. Personally I don't see that there is a major problem here. We are getting some public benefit out of it. Either way. Mr. Dawkins: •I move for denial. Mayor Ferre: There is a motion that this item be denied. Mr. Carollo: Mr. Mayor, I second the motion and under discussion, I just get the feeling, Mr. Whipple, that your arm is being squeezed•on this one but let me just say this, that if you all do not want to lose this item today I think you all could count the maker of the motion and the one that seconded this too, even if you get the other two members of the Commission saying yea you still lose. I would be more than happy to make a new motion, a sub- stite motion for deferral if you all can convince me that none of the neigh- bors in that area are in objection to what you are trying to accomplish here. Then I will be more than happy to reconsider my position. Mayor Ferre: Okay, there is a motion on the floor and a proposal that this item be deferred if you can bring back a recommendation that the neighbors do not object. Mr. Carollo: Well, I'm leaving it up to them, Mr. Mayor, if they want to go .ahead with the vote that's fine too. Mr. Crawford: well, obviously we would have to request a deferral under those terms. Mr. Carollo: I thought so. Mr. Dawkins: Then I'll withdraw my motion in favor of Commissioner Carollo's deferral. Mayor Ferre: All right, there is a motion that this item be continued until you come back with the definite proof that the neighborhood community, the neighbors are not objecting to this. Further discussion? All right, call the roll on the deferral. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 82-65 A MOTION DEFERRING APPLICATION BY A. C. INVESTMENTS & SEYMOUR LEHMAN FOR OFFICIAL VACATION AND CLOSURE OF THE NORTH -SOUTH ALLEY LOCATED BETWEEN N. W. 32ND STREET AND N. W. 33RD STREET AND NORTH MIAMI AVENUE AND N. W. 1ST AVENUE, AND REQUIRING THAT THE APPLICANTS PRODUCE DOCUMENTATION TO THE CITY COMMIS- SION INDICATING THAT THE ADJACENT NEIGHBORS HAVE NO OBJECTION TO THE PROPOSED MOVING OF THE ALLEY. 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 Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. - 29 APO, 9. DISCUSSION AND TEMPORARY DEFERRAL: REQUEST FOR CONDITIONAL USE P.U.N. - 2721 S. W. 22 AVE. Mayor Ferre: Take up Item 16. The Planning Department recommends approval subject to landscape plan approved by the Planning Department include land- scape in the right-of-way and the Zoning Board recommended denial 5 to 1. Yes, sir, Mr. Whipple. a Mr. Richard Whipple: Mr. Mayor, the P.U.N. provisions of the Zoning Ordin- ance allow for properties to be utilized to the extent of one dwelling unit for every 6,000 square feet of lot area if approved as a Conditional Use either by the Zoning ,Board and/or the City Commission. This came to the Zoning Board, it was reviewed by the Planning Department and we believe that the project meets the intent and purpose of the P.U.N. regulations. We believe that the proposed development provides a better development than what could occur with respect to replatting on a lot by lot basis, the applicants in their development have made significant efforts by which to protect the number of trees on the site and on that basis, the Planning Department has recommended approval. Mr. Brian Mark: My name is Brian Mark, my office is at 200 ..... Mayor Ferre: Are you an opponent? Mr. Mark: I'm an opponent. Mayor Ferre: All right, let's hear from the applicant first. Mr. Michael Anderson: Mr. Mayor and members of the Commission, my name is Michael Anderson, I'm an attorney with offices at 8525 S. W. 92nd Street and I represent the applicant, P.I.P. Groves, Inc. One of the principles of P.I.P. Groves, Inc. is here. Mr. Juan Isidro, I'd ask him to stand, and also we have the architect, Mr. Osvaldo Perez. This property is located on 22nd Avenue, it is the property in yellow, just on the east side south of Secoffee Street. I think you have to know the zoning history of this area before you can really understand what has happened. In 1977 a planned unit nature development came before the Commission on the east side of 22nd Avenue. When it got to the Commission, Mr. Mayor, you were not here, it was voted down and at the same time, and it was voted down because of the concerns of the neigh- borhood that if this property were rezoned or granted a planned unit nature development then the entire area would go planned unit nature development and the Commission immediately, the next motion was to move that the area be studied by the Planning Department to come back to the Commission for consider- ation of R-1B. R-IB is a 10,000 square foot lot minimum as opposed to the 6,000 square foot lot that you're presently allowed to have in an R-1 zone. The Commission sent this to the Planning Department. The Planning Department determined that the best place to divide the zoning line was on the back side of the properties on 22nd Avenue just like it shows today, that black line that runs north and south which is the back of my client's property and all the rest of them on 22nd Avenue, separates the R-1 zone from the R-lB zone. Now, that was recommended by the Planning Advisory Board at the time and a question came up before them as to whether 22nd Avenue should be included in the 10,000 square foot minimum lot. It was a .._-,lion and then it failed and then it came to this Commission. The commission u:_-i,ded to change all these properties east of that line where it is presently now R-lB and leave R-1 on the west side of that line but they also said was there public hearing held on the east side of 22nd Avenue, in other words the proper.,,Qs on 22nd znd they also wanted to consider, maybe Secoffee Street should be i::­?uded in the R-lB. It went back to the Planning Advisory Board, they had a tL-1-1, board, they voted it down, it got to the Commission, the Commission deferrea it to death. In other words, after 90 days it died and the zoning stayed just like it is. Now, at the same time the lots, there were several plats that were being held up and those plats were approved for 6,000 square foot lots and some of them were on Secoffee Street. So that is the zoning history. Now, if you hear that zoning history you have to believe that the Commission determined that the 6,000 square foot lot was a proper size for that area Particularly when you have the major arterial of 22nd Avenue. Now, I want yuu to louk at this where the site is and what we have here. I think I would like to bring this closer to you.Our site on this map is shown in 330 JAN2sm,) green and it really doesn't show completely up there. What I did is I took a section map of the City of Miami. All of this property in here is 25 by 100 foot lots, that means 2,500 square foot lots. What we're asking is one unit for 6,000 square feet and in here, this entire area, and it's not just here, it's south of here and it extends all the way. This is 24th Avenue but it extends all the way to 27th Avenue. So in other words every- one in here can build on a 2,500 square foot lot and that is just directly across the street from us in an entire area. These are photographs of, that's exactly what the people are doing there. In other words, across from us on 22nd Avenue, just a little south are these units. They're 2,500 square foot lots, you can see these are the units. They are built on 2,500 square foot lots. These are just south of 28th Street and these are just north of 28th and you can see the units that they're building on the west side of 22nd Avenue. This is a 2,500 square foot lot and we're asking for one unit for 6,000 square feet just on the other side of the street. There is, by the way, an awful lot of property on 22nd Avenue which is for sale. These are some of the other homes and as you can see, they are very close together on 22nd, these are almost directly across from the property. This one shows a house which is on the corner and people who are in this area do not build facing 22nd Avenue unless they have to. These are houses that were built on Secoffee Street. Now, directly north of us is actually a planned unit development, in other words we abut a planned unit development. This is the property right in here which is directly north of us, you can see that it is a planned unit development, an 8-foot wall. Now the question is how would our area affect the neighborhood. We have 2,500 square foot lots across the street and a whole section that they're building 15 foot houses on. We have people north of us, directly north of us that already have a planned unit developement, we have people east of us that have 20,000 square foot lots, they're going to see exactly what they would see if you build a single family home on this lot, they will see the back of a single family home. We're not asking for any var- iances of any type, we've got the setbacks that are required and I think, as I understand it, Lot 4 is now in favor. If you look at the people direct- ly surrounding us the people are not opposed. There are people, Lot 5 said they're opposed, that house is for sale and the other lots do not come in contact with us at all. So I think that we have, I wanted you to hear from the architect who has designed this plan and tell you what he has done to satisfy the City Planning Department to get their approval. Mr. Osvaldo Perez: My name is Osvaldo Perez, I am the architect for this project, I live at 12237 S. W. 113th Lane. The site plan that you see here is a product of many hours of design on my part in coordination with the Planning Department. A total of three solutions were submitted to the Department and finally the solution that you see there was the one that was approved not only because it met all the requirements but also because it was sensitive and in harmony with the natural features of the site, mainly the existing oak trees. We came up with three single family homes, each with its own parking area in front and each with pool deck areas for recrea- tion in the rear. The first unit is separated by the second unit by a total of about 24 feet, the second from the 3rd by 18 feet, creating landscape areas between each home. To the north end of the property we're providing an access road. This access road will provide obviously access to all the three houses. In order to reduce the amount of asphalt we provided pavers in the parking areas as recommended by the Planning Department. That is shown on the bottom plan. I think that the end result of these houses is to provide housing for families, for three new families in the Miami area, I think this could be very beneficial to the City. Mayor Ferree Mr. Perez, how many trees? Mr. Perez: All of them will remain, sir, none of them were cut. Mayor Ferre: You've been able to keep all the trees. Mr. Perez: Yes, sir, the first thing we did, we sent the surveyor there and he pinpointed all the trees for us and we worked our solution around them. Mayor Ferre: This, or perhaps you, Mike, if the Commission were to deny this what would be the alternative that your clients could build on this property? Mr. Anderson: You'll notice just south of us there are a couple of lots in red, the last one that was denied they cut up in that fashion, I mean they art? horrendous looking lots, we would have to build.... Mayor Ferre: You mean, you're talking about 2 and 3. JAN G 6 L -31 Mr. Anderson: Yes, Vergonia Villas. We would have to build what we could or, that was not permitted, there were no private streets permitted at that time so we could probably do it into three lots and do it in a single family basis that way but we would have to tear down, we did this, we designed it around the trees, that was the whole purpose of it as well as the separation _ between buildings. Mayor Ferre: Let's hear from the opponents. Mr. Bryan Mark: Mr. Mayor, my name is Bryan Mark, my office is at 200 S. E. 1st Street. I'm here on behalf of the Tigertail Association which is a group of homeowners that is directly surrounding this development. We oppose this particular development on several grounds. First, I want to point out that the legislation that the applicant is speaking of involves a history that con- cluded making.that particular street a buffer zone between two different con- trasting areas, one with smaller lots, 25 foot lots and those that have 100 foot frontage that are on Emathla and the streets beyond that. So we are talking about a street that is a buffer zone, a dividing line of some type in the type of housing in that area. There are some very expensive townhouses across from this particular property that are on 25 foot lots, it isn't really a question of more extravagant housing, it is a question of the type of den- sity that you're going to have in the area. And that was the purpose of the R-1 zoning, was to make sure that there was not less than 6,000 square feet per unit. Mayor Ferre: How many units could they build on this lot if this is denied? Mr. Mark: If this was denied and this property were platted they would have to dedicate a right-of-way to the City, a road to the City to get to the back part for the second house, they could only build 2 houses on this property because they have 18,000 square feet of space and they're able to put a P.U.N. and say that they have 6,000 feet per unit with the P.U.N. because the road doesn't have to be taken away, it is a private road. But if it is platted it is not that way, then it is only two units and a road that the City owns and maintains. But the point really is that the P.U.N. should not be used to increase density, that's not what it was envisioned to do. It was envisioned to make a better environment for people who live on a given amount of land. So if you do have a property that because of the trees, because of its con- figuration, allow you to have a more beautiful development by placing the homes in a different type of arrangement and use the land to enhance the beauty of the property. That's what PUN's were designed to do. There are no common elements here, it's agreed they have done a beautiful job of architecture, they would do it with two houses too and those trees would also be saved with two houses. What this does is increase the value of the property. Obviously, with three units instead of two you have a much more valuable piece of property and you can sell it for a higher total sale price. And we have a few other speakers so that's really all I have to say that was our reasoning. This is Norma Post a neighbor in this area. Mayor Ferre: Before Mrs. Post speaks, would the Department answer that specific question? Mr. Whipple, the question specifically put as to why if the density has been increased from an allowable two to three under the P.U.N. process. Mr. Whipple: Mr. Mayor, the history or the beginning of PUN stemmed from several areas of the City, particularly one north of Coral Way and east of Douglas Road, I forget the subdivision name, of which it involves lots that are approximately 200 by 300 feet deep and PUN was a response to rather than cutting up the land and wasting the land, if you will, by providing private roads or dedicated roads the land could be used more efficiently and more beneficially as far as design and lay -out goes through a flexible method of planned development. However, there was a need to also maintain a control and that's why it is a conditional use. The density is based upon lot area, one: house per 6,000 square feet. The 6,000 square feet stems from the fact that the subdivision or platting requirements of the City state that the minimum platted lot size anywhere in the City shall be 60 by 100 feet. Mayor Ferre: In absence of the PUN process, would they be allowed to build two or three houses? Mr. Whipple: That is something that I cannot directly answer because it is a design consideration. It may be possible, depending on how far you ran that private road into the property and your configuration of the remaining lots, there is a possibility in my opinion that you could get the three but you might not. r 32 JA N 2 8 NAP Mr. Mark: Mr. Mayor, that is not what was said at the Zoning Meeting. Mayor Ferre: That is a very key question because the thrust of your argument, as I understood it is, that the process for using PUN is not to increase den- sity but to make it a more liveable amenable place and if the trees can be saved by a PUN process that's the purpose of it. Now, however, if there is a probability or if it is allowable to build two units then I think your argu- ment is correct. If, on the other hand three can be built then I think that knocks your argument out. Mr. Mark: I agree with you 100% Mayor. The point is that you could only build two and Mr. Whipple can very easily figure out how to do this because the straightest road would be the shortest and you have to go back a certain number of feet to get to the second part of the lot, you can't divide it down the middle. Mayor Ferre: ,Now, Mr. Whipple, so that we can move along and come to the crux of the matter, can the property owner build three houses or two houses? Mr. Whipple: Sir, an engineer or an architect would have to sit down for a few minutes and figure it out. If you'd like the applicant to do that, so be it, if you'd like the Department to do it we will do it. I don't have that answer without sitting down with a calculator and working it out. Mayor Ferre: Mr. Whipple, the crux of the matter is density. If there is an allowability of building three units here then their argument is out the window. So, therefore, we need to know from you whether or not three houses can be built here. Mr. Whipple: We will obtain that answer for you, sir, I can't do it now but we will get the answer. Mayor Ferre: All right, well, we'll have to continue this until we get to that point because let me tell you what my position is. If there is an allowability of three units there and I get an assurance of that legally then I think you're better off with this, it doesn't knock any of the trees down. If the reverse is the case, then I think you've got a valid point that the purpose of PUN is not to increase density but to increase the qual- ity of life in the particular area. That's one man's opinion. Mr. Mark: Well, I must say, Mr. Mayor, that Mr. Whipple was more definite about this at the Zoning Meeting. And when he was asked the very same ques- tion by a member of the Zoning Board the response was no, you can only put two units on this property and that is a matter of public record. So that was the response at the Planning Board before, now they are saying that it is an architectural question. Well, it is really a mathematical question and I think it could be figured out very quickly as to whether there is 18,000 feet left over after you take away a roadway to get to these back lots and I don't see.... Mayor Ferre: It will take them 5 or 10 minutes but rather than hold the process up, if we could wait, unless you want to say something at this point. UNIDENTIFIED SPEAKER: I would like to wait. Mr. Mark: Thank you, Mr. Mayor. Mr. Anderson: Mr. Mayor, we're talking about density, and what I wanted to show here was that this area not only here to 24th Avenue, I understand their argument but what we're showing is an area between 22nd Avenue and really 27th Avenue..... A 2,500 foot lots. It's not a threat that they could build on those, it's an actual fact. Mayor Ferre: Mike, but you could also use the argument from 22nd going north and it isn't that dense, so you know, it all depends on which side of the street you want to look at. Mr. Anderson: No, all I'm showing is that my gosh, you're talking about, let's assume that we could get a unit extra on here, let's assume that. Anyone here who has a lot across the street can build on that lot. Mayor Ferre: That's across the street. Mr. Anderson: That's right, but we're on 22nd Avenue the same as they are. 030 -.00 'dA N L 8 1194 �`' 4 Mayor Ferre: On the other side of the street. Mr. Anderson: Yes. Mayor Ferre: Not on the same side. Mr. Anderson: No, but we're facing those people. Mayor Ferre: Well fine, then let your clients go buy some property on the south side of 22nd Avenue and do exactly that but that's not what you're asking. Mr. Anderson: But we don't want to build these things, we want to build on 6,000 square foot and we are directly adjacent to this property which has already built right next to it a planned area development although it was platted into lots it is a planned area development. Mayor Ferre: And that particular property when the PUD or PUN process was used was a density increase. Mr. Mark: No, it was not, Mr. Mayor, there is 6,000 feet plus roads. Mayor Ferre: There is the crux of the matter. Mr. Anderson: These are just a little over minimum sized lots. Mayor Ferre: Fine, you do them as minimum sized lots. If you can do min- imum sized lots then I think your argument is a valid argument. Mr. Anderson: Well, let me just say one other thing, that the new zoning Ordinance which has spent at least a conservative quarter of a million dol- lars to develop and which has been recommended to you by the Planning Advis- ory Board.... Mayor Ferre: But not approved by this Commission. Mr. Anderson: No, but the architects and engineers and everybody in this City has recommended to that the new lot size would be 5,000 square feet, they have reoommended that. And also they have recommended that this doesn't come to.a public hearing. Mayor Ferre: Mike, you made the statement that you could build three houses here if you didn't do this. If your statement, not mine, your statement, if that is a valid true statement, I am totally supportive of this because I think it's good architecture, it's a beautiful plan, you're not knocking down any of the trees, I commend the architects for what they're doing, I'm all for it. On the other hand, what you're doing is increasing the density by 50%, in other words from two to three and you don't end up with a minimum of 6,000 lots.... Mr. Anderson: I can tell you what it is going to be based on, it is going to be based on whether the private street is considered part of the lot because at the time that Vergonia Villas section I was platted they didn't have private streets. Mayor Ferre: Mr. Whipple, on the property next door, was the road considered in the total determination? ..... I'm talking about Vergonia Villas. Mr. Whipple: Those are driveways leading onto each of those lots, individual driveways, they are not a part of the road, there is not a dedicated road for Vergonia Villas. Mayor Ferre: This would be a dedicated road? It would be private..... Well, give me an answer Mr. Anderson: (INAUDIBLE, SPEAKING FROM AUDIENCE WITHOUT MICROPHONE) Mayor Ferre: Well, but I don't think we should dock that against you for giving us that, I think that should be included in the calculations. Mr. Mark: Do you mean the right-of-way? Well, what if 22nd Avenue is widened? That doesn't belong to them. Mayor Ferre: Does it belong to you or not? Mr. Anderson: (INAUDIBLE) •'34 JAN 26 19-2 �J Mr. Marks: With a plat they have to give that 12� feet, that's taken every time there is a plat and it is given in other areas. That is not the truth. Mayor Ferre: So this is not a voluntary thing on your part then. Mr. Marks: Oh no, you have to give that if you're going to plat that prop- erty just as well as giving the roadway and it's not going to be 18,000 left over. Mayor Ferre: Whipple, we need to move along, if you're not ready then we're going to have to defer this until you are ready. You're not ready? Then I'm sorry, you're going to have wait a little bit. We're going to have to move along. 10. DISCUSSION AND TEMPORARY DEFERRAL: APPEAL BY TRINITY EPISCOPAL CHURCH - VARIANCE GRANTED FOR 553 ROOM HOTEL. Mayor Ferre: The next item is the objection by Trinity Episcopal Church on the granting of variance for a 553 room hotel. All right, now in this case the appellant is Trinity Episcopal Church so we will hear from the church first. Mr. Richard Whipple: Mr. Mayor and members of the Commission, the Planning Department recommends denial of this item. We find no hardship that justi- fies the requested variances, the 13 requested variances. Not only do we find a lack of hardship, but we suggest that the variances being requested are tantamont to a change of zoning to a classification of which we don't have of this particular intensity, we have some of greater. we would point out to you that the zoning of this property is R-5, it is the R-5 zoning that is established along the bayfront from this point on up to N.W. 36th Street and it is similar to the R-5A zoning that is applied to the Brickell area from approximately 14th Street southward to Rickenbacker Causeway. We feel that the zoning as applied to this property and to the other properties that I have described is appropriate, the zoning is in accord with our com- prehensive planning efforts and various many studies or reviews that we have had of the zoning and land use in the area and we believe on this basis that the variances should be denied and are not justified in the eyes of the law. Thank you. Mayor Ferre: All right, we will now hear from Trinity. Ms. Massey. Ms. Minnette Massey: M. Minnette Massey, Rinate Avenue, Coral Gables, Attor- ney for Trinity Episcopal Cathedral. Gentleman, our first contention as is brought out on page 2 of our brief is that the September 21st Meeting of the Zoning Board, that the Board erred in failing to apply the standards of Sec- tion 31 of the Ordinance, subsection 2 which you will find in total on page 1 of the brief and I'll refer to it where appropriate. In addition thereto, the Zoning Board failing to apply these standards as is seen in appendix B, the transcript of record is there. There was no proof of the 6 prerequisites in order for the Zoning Board to properly grant a variance. They improperly misapplied the standards. This is further enforced by the single sheet that you have where the movent for the variance at the Zoning Board in September failed to find 4 of the 6 prerequisites. You'll notice that on your sheet the 6 ordinance statuatory mandates are summarized. Two are checked yes, 4 are not checked. Under the plain language of the ordinance of this City the zoning Board was charged with the responsibility of finding each and every of the six items. You'll notice on one of the briefs where the six are listed that the end of each specification (1) at the end, same zoning district;, that means and (2) at the end of (2), actions of the applicant; that means and, (3) and, (4) and (5) and (6). There are 6 prerequisites that our Comprehensive Zoning Ordinance mandate that the Zoning Board must find under the facts presented to them. The contention is that (1) they did not find them, witness the signature of the movent wherein he states that only two of six were found. Within the law of this State, within the law of this City, within the Ordinance of this City the Zoning Board erred, they could not properly have granted the variance unless they applied the ordinance 31-2 item by item, 1 through 6. It was clearly not done, witness their own document. In addition thereto, you have with the brief the 35 JA N 2 8 1982 appendix and the apt adix B is the transcript of record of the September 21, 1981 Zoning Board. At no time does the applicant attempt by any facts, by any documentation, by any maps, by any oral testimony to establish the six criteria that you must be held responsible to see that they apply in any zoning variance proviso because each one of them is mandated to be met in order for a Zoning Board to find such a variance. Since they have not been met, this Commission is left with no alternative but to overrule the Zoning Board for failure to comply by their own document and by the trans- cript of record with the requirements of ordinance 31, section 2. The weakness goes back one more step, we started with the first step and that is that the Zoning Board's movant signature fact sheet which should comport with the ordinance does not comport, four out of six are not filed. (2) That in the transcript of record of the testimony the six items are not met, the facts are not there, there are no facts. There is one introductory state -Went that it is an irregular piece of land. There is no establishing of how it is irregular, why they can't build, why the hotel that would be half the size. is insufficient, why they need a change of 75% of open spaces on one side and 50% on the other, cutting away public access to land. None of this is established. What is established is that Florida East Coast Properties owns a piece of land which they bought knowing the zoning laws of this City and then went out and found an architect who could give them maximum use of a piece of land. They come in to the City, file an applica- tion for a variance - now I'm on step (3). We know that the fact sheet from the Zoning Board failed to meet the ordinance. We know that the trans- cript of record does not establish facts which support the ordinance and now we come from the Zoning Board to the applicant itself. And the appli- cant itself simply says, "We, Florida East Coast Properties, Inc., want to build a 25 story building and a 560 room hotel on this property." There is nothing in the application that you have as appendix "A" that attempt to correlate and show any of the criteria that are mandated in the ordinance, and this is a simple matter, I think perhaps the Herald went a bit overboard, but it is a simple matter where we have the law, we have the ordinance which is the law. Now, do we say to the public for certain people you follow the law, for other people, oh it is all right, it looks good, it will be nice but you don't have to follow the law? I don't think that any of you intend to have that as a public expression, a public belief, nor do you believe in your hearts that you want to deal without an even hand between an individual, a developer, between two developers or between two individuals. All that we are asking you to do is comply with the law and as I'm sure your City Attorney would tell you, if you ask, the standards for granting a variance, the single sheet that you have, do not comply with the law of this City and, therefore, they erred, they made a mistake. You cannot uphold them. In addition thereto, the oversight error, whatever it may have been, I don't know, can't be corrected by the record because there is nothing in the record that supports the six prerequisites in the ordinance. In addition thereto, at the very threshold, at the beginning it fails be- cause the applicant either ignored or didn't know what the ordinance was and in no way attempted to meet the ordinance prerequisites which are clear and plain on their face and have been construed by the courts and which are mandated by your oath of office to be followed by this Commission. Another aspect I'd like to make, and that is in regard to the sixth criteria that must be set forth in the written petition which was not, which must be estab- lished at the oral hearing of the Zoning Board which was not, which must be complied with in the standards sheet which was not and that is the last of the six provisions says that documents, reports, studies, exhibits or other written or graphic materials, if any, to be used by the petitioner for the variance in support of the petition and in demonstration of any and all of the above requirements shall be submitted with the petition. The drawings that I presume will be presented to you shortly were not presented with the petition, they were not presented to the Zoning Board and now we have a sound and light show which is, and I note upon the record, improper under the terms of the authority of this Commission to review which is the point (3) in the brief. You are charged with the responsibility as an appellate tribunal, not as a trial court, not as another sitting of the Zoning Board, not as a rehearing of the Zoning Board, not as a trial aspect of the City CO,1UaiS5io11, but as an appellate review to review and see, it is a matter of law. They made a mistake, and if they made a mistake which I can readily see how it happened because the very application, the very petition of the i applicant misled them. It didn't guide them, it didn't take the six criteria, it didn't lay them out: (1) because, (2) because, (3) because, it did nothing, it never mentioned them. And neither does the testimony substantiate any of this. And for those reasons along with one other it is submitted that as a matter of law the Commission must reverse the action of the Zoning Board for thu Zoninn aoa•A's Failure to comply with the ordinances of this City. In 36 JA N 2 8 '982 addition thereto, as has been noted in point two of the brief, there is an inadequacy of notice. The notice that was given gave as the address solely one of four pieces of land where the Miramar is located. That is improper, it did not notice the rest and you have in the second argument in the brief the Herald advertisement. (2) And this can be confirmed by the record, the notice of the Zoning Board hearing was posted once - and this has been certi- fied - on the corner of two streets. The ordinance of this City says it must be posted on every street. There was inadequate posted notice. Mayor Ferre: Mrs. Massey, that is an important procedural legal question, let's get a reading from the legal department on that specific issue and then we'll come back and address the general issue. Ms. Massey: Do you wish to see, counsel, the notice that was posted? Thank you. Mayor Ferrer' Is this similar in nature to the argument, I saw Janet Cooper around here some place. I'm not asking you take a position, is this the same argument that you used on the Brickell Avenue thing about posting notices and all of that? Ms. Cooper: The ordinance requires the posting be on both streets. Mayor Ferre: Do you have an answer yet in your legal consultation? Mr. Terry Percy: Our ordinance, Mr. Mayor, as the Commission is probably aware, requires three types of notices, a mailed notice, a public notice and a posted notice and the point in contention here is a posted notice. Our administrative practice is on corner lots, it has been just affirmed by our Planning Administration Department, on corner properties, the posted or notice requirement is met by posting that corner and I believe the cer- tificate in the file indicates that. Mayor Ferre: Is the City Attorney's Office saying that you disagree or you agree with Mrs. Massey's point? Mr. Percy: She raised a question that I think can be factually overcome by what has been represented by Mr. Perez. Mayor Ferre: In other words you say that we have properly notified, according to your interpretation.... Mr. Percy: On that point we're comfortable with the notice, yes, sir. Ms. Massey: Thank you. May I also ask for a ruling then on the second point in the brief, insofar as the address not encompassing all of the area but simply one lot of it? Mayor Ferre: Do you understand the point? Mr. Percy: Yes, sir. Mayor Ferre: They only used one of the four lots. Ms. Massey: The address of the Miramar, sir, and not the other three lots. Mr. Percy: This ad shows that the address of the Miramar is also accompanied by the legal description of the entire parcel or tract and we would again believe the legal description of the property is sufficient notice. We don't feel any discomfort with the notice requirements. Mayor Ferre: So the question of notice then, in your opinion, is not a ger- mane point now. Mr. Percy: As to the notice. Mayor Ferre: As to the notice, obviously. Ms. Massey: Thank you. May I ask, Mr. Mayor, if you would request the City Attorney's Office for a ruling in regard to the requirement that the six mandated criteria of section 31-2 must be met and that they are not met by the motion or by the record? Mayor Ferre: All right, there is a question now, Mr. City Attorney, as to .. 3'7 J A 2 8 382 the standard for granting a variance of six points that was discussed by Mrs. Massey, she's asking for a legal ruling as to whether or not this is applicable by law and since this is also a very key question, I will let Mr. Watson address that issue I guess before you make your points as to... Wquld you limit your points, Mr. Watson, to the legal question that Mrs. Massey has brought up with regards to the variance as she has brought them up. Mr. Jack Watson: Yes, my name is Jack Watson, my address is 12600 Old Cutler Road and I represent the applicant. In response to your question about the six criteria, when you look at Mrs. Massey's brief, she only attaches the first page of the application. She conveniently leaves out the printed six forms which have the six items that justifies the granting of a variance that she has in her brief which is on a separate form and which must be signed by every applicant before the application can be processed. I just checked the file along with Mr. Perez, those six (criterias are there, they have been signed and they were orally demonstrated to your Zoning Board.' Let me say this, Mrs. Massey did not even attend the Zoning hearing but I am going to limit my remarks at this particular juncture to your questions. Those six items are in the file, they're signed by Mr. Hollo, they're part of the file, they're part of the application and I take the position that we have done everything, we have met every criteria im- posed by the City and the City of Miami's Zoning Ordinance. Mayor Ferre: All riqht, Mrs. Massey, do you want to answer, do you want to make any additional statements after Mr. Watson's statement? Ms. Massey: May I say one thing, sir? Mayor Ferre: Sure. Ms. Massey: I have been through the file and the papers that have just been commented upon was not in the file and I have just asked Mr. Perez to be kind enough to show it to me. Mayor Ferre: All right, would you do that. And Terry, are you ready to give us a legal opinion after they have all concluded their statements? Ms. Massey: I have looked at it, sir, all it does is recite the six and in no way, for example, the first one says special conditions and circumstances exist which are preculiar to the property, the structure of the building are not applicable to other properties. That is a conclusion of law out of the ordinance, nowhere are there facts given either in the petition, and that was my point, it wasn't a technical point it is a matter that the petition lacks the facts and the Zoning Board transcript likewise lacks any facts establishing it. The second one says the special conditions and circumstances do not result from our actions. There is no establishment of it, the literal interpretation.... Mayor Ferre: But Dr. Massey, that gets into interpretation now and the point is, as I understood it, you made a legal point. Ms. Massey: My legal point is that the Zoning Board misapplied the ordinance by not requiring evidence that established that the six criteria were met. There is no evidence in that record that shows even the six. In the same way, sir, the applicant failed in his application to show the facts, they're simply the conclusions of the ordinance. It is as if he were photocopying the ordin- ance. Mayor Ferre: That's interpretive of nature, you know, because I'm sure the other side is going to argue that they did make that presentation. See, so the question is are you asking for a legal ruling now from the City Attorney's Offict• as to whether or not legally we can hear this because of the six points? Ms. ma sse%,: Thc- first in point of time would be that the petition before the variance does not contain the facts. That is number one and yes, I'd like ., rulir1y. Mayor Ferre: But that's interpretive in nature, isn't it? Ms. Massey: I don't know what you mean by interpretive. Mayor Ferre: Well, I mean isn't that an interpretation of a legislative body that's making this determination? You can't ask the Law Department to rule On that can you? -38 JAr, 8 '^ ,S L Ms. Massey: Yes, I think so because the ordinance says right off, if you'll look on page 2 of the brief as to what must be contained. INAUDIBLE Mayor Ferre: All right, Jack, you've got to do that into the record after Ms. Massey concludes. Ms. Massey: Here, sir, the ordinance of this City says, "A written petition for a variance is submitted demonstrating that (1) special conditions", you have to -demonstrate it with facts, you can't demonstrate it with photocopying what the ordinance says you have to do. Mayor Ferre: All right, Mr. Watson, do you want to... Ms. Massey: As to that point, I'm holding onto facts. Mr. Watson: May it please the board, we can only do what your administrative staff allows us to do. They prepare the form and they prepare the application. Now those six criteria there, we state there that we have complied with the 1,2,3,4,5,6 and we signed an application to that effect. By signing it we demonstrate and allege those things are present. It is a subject to a matter of interpretation by your Zoning Board as to whether they feel that what we say is so or not. Mayor Ferre: Mr. Percy? Ms. Massey: One thing, sir, it says right in the form that is attached for their guidance, "Please make written statements establishing", it doesn't say "Please sign below". It says you have to make a written statement. Mayor Ferre: Mr. Watson? Mr. Watson: Let me tell you what Ms. Massey says about these six criteria in her brief, at least one of them. She says actually there can never be a variance for FAR which complies with the Zoning Ordinance, that's quoted out of her own brief. We've been granting variances under this thing for years and years subject to interpretation. Mayor Ferre: All right, anything else, Mrs. Massey? If not, Mr. Percy, would yo:_ give us a legal opinion on the problem that has been posed to you? Mr. Pere,:: All of them? Mayor Ferre: No, just this one. Mr. Percy: Okay. We will have to concur with Professor Massey's interpreta- tion of the Zoning Code in that it requires a written petition demonstrating the standards that the Code sets forth and I think you were correct in your assessment of whether or not that has been met is a factual determination that was the Zoning Board's and now the Commission's province in terms of whether or not the facts alleged in the petition and facts alleged before the Board in this oral presentation were sufficient to support those six stand- ards and that's the nature of this appeal. Mayor Ferre: And in other words that is something that the Commission has to deal with, not something that the Law Department can rule on, something that we have to interpret as to whether or not any one of these issues.... Mr. Percy: They require some demonstration and again as to whether or not it is sufficient or adequate is your determination, yes. Mayor Ferre: It requires some demonstration but the judge of that is the City Commission. Mr. Percy: Ultimately yes. Mayor Ferre: So in other words that's not the basis, therefore, to stop the process. Ms. Massey: I believe it is, but you're in command. The City Attorney says that the petition is defective for failing to demonstrate in writing.... M,r,vr FE•ri-c : I didn't hear that, ,lid you say that, Mr. Percy? 39 P �Op� 6 40 Ms. Massey: Does the petition demonstrate in writing? Mayor Ferre: Did you say this petition is defective? Because if you did.... Mr. Percy: I said the Zoning Code requires that the petition submitted demonstrate the standards. Mayor Ferre: But that's not the same statement you made, Ms. Massey. Ms. Massey: I'm not trying to change his words, sir, I construe that if the petition fails to demonstrate the standards then the petition fails to com- port with the statute. Mayor Ferre: But who determines that is the question. Does the City Attor- ney? Ms. Massey: You at this stage. Mayor Ferre: That's the point, therefore, that's not the basis, therefore, of stopping any further proceeding on this. Ms. Massey: It could be, sir, if you find that it does not demonstrate the six criteria, that there would be no further..... Mayor Ferre: well, wouldn't we have to hear the arguments before we made that determination? Ms. Massey: Yes, but I was under the impression that you really had because the petition, the application itself does not set forth, demonstrate the facts of the reason for a variance. That is the argument and then it goes on, it says even after in the Zoning Board the facts that were introduced which you, of course, will review appellantly now, do not substantiate and, sir, may I call to your attention it is not one of six, it is not two of six, it is six of six that must be met and this record is devoid from petit- ion to Zoning Board Hearing of the facts that present it. That's it, sir. Mayor Ferre: All right, as far as I'm concerned, what I have heard is this, that the applicant on the Trinity Episcopal Church has made through Ms. Massey's statement that these standards for granting of variances have not been met and that's defacto. The City Attorney has ruled that that's a question that we and the Commission must decide and it is an inter- pretive thing and so, therefore, the Chair rules then obviously we have to hear the arguments on both sides of this to make a final determination. Mr. Percy: And review the record. Mayor Ferre: And review the record, precisely. Now, we're getting close to noon and we're going to be breaking for lunch in just a few minutes and ob- viously we're not going to be able to determine this but what I would like to do is to see if we can get 16 behind us so that at least you can go home. THIS ITEM WAS TEMPORARILY DEFERRED AT THIS TIME. (See later same meeting for conclusion) / el Q ,a7 ri ) % 4.8 i ` C)` 11 11. APPROVE APPLICATION FOR DEVELOPMENT OF A P.U.N. AT 2721 S. W. 22 AVENUE. Mr. Bryan Mark: .....mathematician, I have tried to calculate this and I've calculated it a number of ways, I remember that a straight line is the short- est distance between two points and it would not be difficult t..... Mayor Ferre: Not in the City of Miami. 4 Mr. Mark: Well, I don't think the City of Miami practices the same math as in Washington, I thought we were still on the old system trying to add 2 and 2 and it just seems like we could figure this out much quicker than this. Mr. Michael Anderson: Mr. Mayor, we would have to have an engineer, but if you want to have cockamamie lots that look something like this where there's a little entry here, the public right-of-way and then a lot that bulges out and a couple that bulge in and one that's, you know, an octagonal shape.... Mayor Ferre: Mike, that's fine but that's not the question. If Mr. Whipple is around.... Mr. Anderson: He can't answer it, we're going to have to sit down with an engineer..... Mayor Ferre: Did your calculator break down, Whipple? It is a very simple question. Can somebody put three houses on that lot legally, yes or no? Mr. Whipple: Mr. Mayor, I indicated we would have to sit down and methemat- ically work it out. I wasn't prepared to go back and get a calculator and still be here with you to respond to other items. Mayor Ferre: How long will it take you to do that? I think out of fairness to everybody here, is it that complicated a determination? Mr. Whipple: I would suggest as we're dealing with a close square footage of 18,750 square feet, yes, it is a tough calculation. Mr. Mark: Mr. Mayor, if it is 18,750 square feet I cannot conceive how you could put three units on this property and 750 foot of road. Mayor Ferre: He just showed you a little map that shows you how they could do it, it would look like a cockamamie lot. Mr. Anderson: We're talking about something with zig-zags and rounded edges and something like that, all you need is 30 feet on the road, two lots in here with a small circle and get 30 feet and they spread out back zig-zagging around. Mayor Ferre: I don't want to get in the middle of this thing other than to say that if they can put three houses on that lot legally somehow, I don't know how, somehow, then I think that that is one set of circumstances that is undeniable. If they cannot, then I think you've got a valid point. Mr. Mark: Well, at the very best then I would rather see a deferral of this issue so that we can have our engineer study it too because I don't believe you can do it. Mayor Ferre: I have no problem with that. Mr. Calollo: Mr. Mayor, I'll tell you how I feel. If we have projects such as this one here before us, Mr. Hollo's project, they're asking for scores i of variances and we're willing to consider those projects like we have some Others in the past, you know, what these people are asking for is minimal, my God, especially in an area that so much housing is needed, we have a vacancy rate, and it has gone up I understand, of less than half of 1%. so what they are asking for I think is extremely reasonable. This Commission has gone on record time and time again of wanting additional middle income housing in areas such as this. I'm ready to vote on it, Mr. Mayor, and I make a motion to approve it. 41 14A N 2 8 19,92 is 4 Mayor Ferre: All r_,,nt, there is a motion on item 16 for approval of, and this would be to concur with the Planning Department's recommendation. Mr. Carollo: That's correct, Mr. Mayor. Mayor Ferre: Is there a second? Mr. Carollo: Regardless of what Whipple is for or against. Mayor Ferre: Is there a second to the motion? In other words to follow the recommendation for the PUN as recommended by the Department. Mr. Mark: Mr. Mayor, I don't mean to interrupt you, but you didn't hear the rest of the speakers. Mayor Ferre: I will, if we don't have a second, it is academic. Mr. Perez: I•second the motion. Mayor Ferre: All right, now. Go ahead. Mr. Mark: Well, I had, you know, said all I really wanted to but there were a couple of other members of the neighborhood that wanted to speak. I might just make one point, Mr. Carollo. Although I agree that there are larger variances being asked for by other developers, but I'm sure any developer would love to see a 50% increase in the number of units he could get on his property. This is just a smaller project but I think that in terms of pro- portions we're still looking at an important change in a buffer zone area and I think sometimes we lose sight of that because it is a small project that it shouldn't be treated like the bigger ones. One unit in a hundred is nothing, from two to three is a big change and it is giving a bonus that the City is giving somebody and they should have a damned good reason to give it in my opinion, however, let me let some of the other people speak. Thank you. Mayor Ferre: Okay, we have some other speakers who wish to be heard on this. Mr. Carollo: Mr. Mayor, it is past noon now, I think we're going to have to hold this off until we come back. Mayor Ferre: How many speakers are there and how long do you want to speak? UNIDENTIFIED SPEAKER: A total of three. Mayor Ferre: If you'll hold your statements fairly brief I'll recognize you now, otherwise we'll have to come back and hear you at 2:00. Ms. Norma Post: I'll try to be very brief. My name is Norma Post, I live at 2061 Tigertail Avenue. I have a petition that was signed by 22 people that live in this area. What we're concerned about is the fact that you are chang- ing an area that is a little bit different than anywhere else in Miami. If you're looking for land to develop, I've driven out to Hialeah and there is a lot of land where people can build more housing. The idea is that this is a•very fragile area, we only have a few blocks in this area, we have sort of a park setting. It is an area that even tourists come here to take pictures because it is different than the rest of Miami and we're trying to maintain this difference. Once you encroach upon this, they're concerned about what is across the street, if you look, I think the concern is what is adjacent to it which would be immediately of concern right on Emathla Street. Emathla which is 100 by 200 foot lots is immediately adjacent contingent to this prop- erty so youare changing not only that portion on 22nd but what is immediately adjacent to it and although we have a different zoning, zoning is not chisled in stone. Once this is changed there is no reason why these people that are behind it on Emathla can't come to you and say well, if this is changed for those people we have these buildings within 5 foot of our boundary, why can't we have this and so like the domino effect you're going to have this continue until you destroy that north part of the Grove. I think that is very import- ant. And thu trees, I think with the two, I disagree from point of view of what the amour -it, the price, if you put two houses on there right now in the area , the houses they're asking $250,000 for a nice house there on Secoffee Street. The market is bad now everywhere throughout the country, we have these cycles in real estate but once it isn't the demand is there for just this sort of housing because people do not - I work in real estate and most people that come to me, that's the reason they want this part of the Grove is because they want a little breathing space around them. Thank you. . 4,2 I A 1) R 14R� Mayor Ferre: Are there any other speakers? Mr. Fannatto, I saw you jump- ing up. Ms. Elizabeth Garcia Smith: Good morning, I'm Elizabeth Garcia Smith and I live at 2741 S. W. 22nd Avenue. One of our main objections is that when Mr. Mello wanted to Begonia Villas there on Secoffee he was allowed to put three houses. On this side of 22nd Avenue he was allowed to put two houses then you skip down to the other red section where the objections are, you will also notice that they were allowed to put two houses on the same area of property and not three. Now, why all of a sudden do we have to have three houses on the same amount of ground, 100 by 200, part of which the City has to take away for sidewalks and it's City property? That is my main objection. The other thing, can you imagine, you are talking about three houses on 100 by 200 lots, back of that you're talking about three houses, three families, they want to put in three pools, six cars, possibly a dog and a cat, maybe two dogs. And where are you going to put all of these people? And As Norma was saying, we live in the Grove, this is why my parents bought there, this is why the people bought there, that is why if you look on the other side of 22nd Avenue, although you have designated each one as two lots you will notice that all along in there though it was designated as 25 by 100, no one bought less than two lots so that they have a minimum of 50 by 100 feet. Thank you. Mayor Ferre: All right, Mr. Fannatto, quickly. Mr. Fannatto: I'm a little lost here, I was going to speak on 17. Mayor Ferre: No, sir, we're not on 17. Mr. Fannatto: Well, then I'll just wait for 17. Mayor Ferre: All right. Now, we've heard from the public, there is a motion, are you going to stand on your motion and you stand on your second? Mr. Anderson: Mr. Mayor, may I have my rebuttal? Mayor Ferre: All right, very quickly, now. Mr. Anderson: First of all, the Zoning Ordinance says that in a PUN district the density shall not exceed one dwelling for each 6,000 square feet of site area. It doesn't say that you have to go in and replat the property and fig- ure out whether you could provide enough right-of-way and then see if you still had 6,000 square feet. People rely on this when they buy property and they relied on the zoning in this area too because what happened is the people who just spoke to Mrs. Smith, I'm going to read a letter than she signed in a minute, have asked that their property be rezoned R-lB and they went in for hearing after hearing and they got their R-lB but they asked one thing, they asked 22nd Avenue to be zoned R-lB and the Commission denied that and that was the opinion of everyone then that if you're going to deny it's going to stay R-1 and it would be used as R-1 property. And there are certain regu- lations you have to follow to get your conditional use and there are certain considerations that have to be made. First of all, there has to be ingress and egress which I don't think anybody is complaining about (1). (2) Off- street parking and loading areas were required and to eliminate adjoining and properties generally in the district, glare and noise and so forth, we have none of that. Our properties are set back the distance that is required, we're not asking for anything like that. We have proper refuse areas, that's (3); utilities, we have no problem with utilities; screening and buffering, no one has complained about that. Signs, we don't have any. Required yards and other open space, it's (7), we've met that; general compatability and aesthetic compatability with adjacent properties and other property in the district - in the district it says. Now the district stops at the back of our property and I showed you photographs of what is going on across the street in the district, 25 foot lots with 2-story, and I have some of those photographs if you didn't notice... Mayor Ferre: Yes, we saw them. Mr. Anderson: We're directly adjacent to a Planned Unit Nature development, we have met all the requirements of this ordinance. Now, with respect to this k-lB and the domino effect, it's just not going to happen. Those peo- F)lu want to keel their large lots and they'll keep them. So what you're going tc, see tt.ough is you're going to see 22nd Avenue and it is going to be Flunnurd Unit Nature, it should be because what happens is if you have two drivew,,ys, for example, on 22nd Avenue you just have that many more places 'Z3 JAN, 28 1g02 where cars have to come in, and you have a major arterial, you're asking for 12� feet of our frontage which we're willing to give you, we don't want to have to go to an engineer to spend 5 hours sitting and drawing zig-zags so we can have a little sub here and meet the requirements. We just talked to a man outside that had to do exactly that. He's coming before you► and you really have to approve it on a ministerial function of a plat that is zig-zagged around simply because he was turned down and he had to go prove, this is the second time he told us he had to prove that he could build three units or the number of units he said on a lot. And it just seems like with Mrs. smith the interesting thing is back when all of this was coming up be- fore she signed a letter that said that she was in favor of thie R-1 zoning and if I can,just simply read that letter to you, it was addressed to the Planning Advisory Board and the City Commission and it says, this was to people on 22nd Avenue: "Our opposition to the rezoning of our properties is based impart on the following facts: That the R-lB zoning is unnecessar- ily restrictive, that 22nd Avenue being a major artery does not justify such restrictions.... Mr. Carollo: Mike, if I could interrupt you for a minute, it is past noon, we have a rule that at noon we break for lunch and some of the members of the Commission haven't even had breakfast and they get a little nasty if they're hungry. So you're winning so far so why don't we bring it to a vote? Mr. Anderson: I just simply wanted to tell you that she signed a letter in favor..... Ms. Smith: I never signed that to read that way, no way. 0 Id Mayor Ferre: Alright, Mrs. Smith, I really don't think that the letter is really germane to the thrust of the argument one way or the other. I think that we have heard this thing on both sides. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-66 A RESOLUTION APPROVING A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1(6) (h), TO PERMIT CONSTRUCTION OF A DEVELOPMENT OF A PLANNED UNIT NATURE (PUN) ON LOTS 189 BLOCK "D"; BISCAYNE PARK TERRACE (2-36), BEING 2721 SOUTHWEST 22nd AVENUE, AS PER SITE PLAN ON FILE, CONSISTING OF THREE UNITS IN THREE BUILDINGS: ZONED R-1 (ONE FAMILY DWELLING). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mayor Ferre: I will tell you, if I vote "no", is this thing defeated? It would be. The only way legally that I could do this - I really feel that I like the architecture; I like what you are doing; I like the project; I think you are right in your argument; I think everything you said is accurate. My vote is predicated upon whether or not you are in effect getting a bonus to put an additional unit when you are not entitled to do that, and if you can show me that you can put 3 houses, you have got my positive vote. I don't know procedurally how to do this. I don't want to kill your project. If I vote yes on this, can I condition it on that? Mr. Percy: Yes, you can have it conditioned that it come back within 30 days, or whatever. Mayor Ferre: Would the maker of the motion.... Joe.... Oh, he has walked off and there is nothing I can do about it. Would you accept that? I would vote for it - "yes" - on the basis that they come back. Is that acceptable to you? Then on that premise, with that condition, if you will come back and show us that you can build 3 units, I will vote "yes". Mr. Percy: What time frame, Mr. Mayor? Mayor Ferre: Within 30 days. Mr. Mark: Is that by public notice Mr. Mayor, so that we can study their plan? Mayor Ferre: Yes. Bring it, and would you send it to the Tigertail Association and bring it back for a quick discussion if necessary. Okay? Jack, Mr. Whipple or whoever is in charge of this, would you send a copy to the Tigertail Associa- tion. I am voting on it on the premise that 3 houses can be built there and therefore that we are not giving anybody any additional advantage, but rather doing it on a PUN basis. Otherwise, my vote would be no. Alright now, we are breaking for lunch and we will be back at 2:00 o'clock. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS AT 12:15 P.M., reconven- ing at 2:25 P.M. with all members of the Commission found to be present. .45 JAN 22 8 192 `ir 12. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS. Mayor Ferre: We are going to declare February as American History Month, and I would like to ask Mrs. W. D. Fabing and Mrs. Anthony Dobrzansky-amd Mrs. Flora Wellington and Mrs. Margaret Bartlett of the John McDonald Chapter of The Daughters of The American Revolution to please step forward. Ladies, would you come right around? "Whereas the month of February, 1982 will be commemorated and observed nationally as American History Month in recognition of perpetuating the memory and spirit of the men and women whose sacrifices helped bring about the independence of America and whereas it is more important than ever before that we support and perpetuate the patriotic education of our nation's youth by their participation in very contests which offer cash prizes and scholarships while keeping alive an appreciation for God, Home b Country, and whereas Hope for America,'How I Can I Help has been chosen as the title of this year's con- test which is sponsored by the Daughters of The American Revolution, which was founded in October of 1890 and its John McDonald Chapter, in promoting history, education and patriotism amongst our youth; while it is proper and fitting that recognition be bestowed upon this prestigious organization for its patriotic and lofty ideals on behalf of American history, now therefore, as Mayor of the City of Miami, I do hereby proclaim the month of February, 1982 as American History Month" and I wish to really commend and thank, on behalf of the City of Miami the John McDonald Chapter and these lovely 4 ladies for their enthusiasm and for their dedication to things that are important to all of us in the United States. Mayor Ferre: At this time we have a presentation to Steve Parsons. If you would come forward, Steve. "Whereas P.A.C.E.', Performing Arts for Community 6 Education created 71� years ago as a private non-profit coalition of artists and art concerned citizens in South Florida, is South Florida's largest public service producer and promoter of performing arts events, and whereas P.A.C.E. will present the nation's only major mid -winter Performing Arts Festival in February, 1982 at numerous loca- tions throughout Dade County, and whereas the program known as the Big Orange Festival will feature a blend of nationally and internationally known jazz, blues, classical and Latin artists, along with the finest local talent in over 90 per- formances, and whereas the Big Orange Festival is sponsored by local, state and federal governments, the business sector, private individuals, the Metro -Dade Department of Tourism, the City of Miami, the American Federation of Musicians, the Music Performance Trust Fund and other agencies, now therefor, I, as Mayor of the City of Miami do hereby proclaim the month of February, 1982 as P.A.C.E., Big Orange Festival Month." And Ladies 6 Gentlemen, Steve Parsons is here and Rod , who is not here are 2 citizens of this community who deserve a great deal of thanks and applause and recognition, because they, even though they have many collaborators and helps, but I would say really almost double-handedly the two of them have put together in this community a performing arts and a music series, 90 to be exact, for this coming year, which is really, I think, unequaled anywhere else in any other major city in America on a per capita basis. What they do is just terrific. Those of you who have had the opportunity to hear these performances in Peacock Park and the Black Community and the Latin Community and downtown Miami and the courthouse all over. really should be proud. for here is a croup of people dedicated to our welfare that cuts across all tvpes of lines.. ethnic, cultural, race and serves the whole community by civinc us this wonder- ful music and we are very proud and happv that they are doine this work for us. Mayor Ferre: Luve, why don't you ioin us up here? "To Luve Grimm. with grateful appreciation for vour manv contributions durine 11 vears with the Citv of Miami. retirine in Januarv. 1982 as Executive Secretary to the Citv Manaeer: your dedi- cation and commitment were exemolary and vour faithful service and outstanding examole - we offer you our warmest and best wishes - presented by the City of Miami". Mrs. Grimm: I just wanted to say you, Mr. Mayor have given out so many of these, You finally gave ont, to someone who deserves it. That is all I have to say. Mayer Ferre: 1 want to add to that. This young lady here, for 11 years has battled Mel Reese, Paul Andrews, Joe Grassie, Dick Foesman and Howard Gary. How many does that make, 6? Six city managers in 11 years. And I want to tell you that at no time, I think, did she ever not know where things were, or what to do. She was never at a loss. It is one of the toughest jobs, I think, in the City of Miami and I think Lupe, throughout these 11 years has shown a tre- mendous amount of ability and class and this city is really much better off for her having served, and as we give you this plaque Lupe, I think I speak for all of us. This is really in recognition for a great contribution. JAN 28'►�2 Mayor Ferre: Wouloarl Valentine step forward plf&_? "Whereas Mark Valen- tine has served faithfully and well in the City of Mami Law Department as a law clerk from January 30, 1977 to April 6, 1980, and as an Assistant City At- torney from April 7 to January 29 of this ,year; whereas Mr. Valentine is ad- mired and respected for his professional competence by the community, his colleagues and other members of the Bar and Judiciary; whereas his success in litigation has resulted in substantial savings to the taxpapers of the City of Miami, and whereas it is appropriate that official.recognition be given to Mr. Valentine for his achievement while a City of Miami Assistant City Attorney; now therefore, I as Mayor of The City of Miami do hereby commend Mark A. Valen- tine for his outstanding dedication and devotion to duty on behalf of the resi- dents of this community wish him well in the years ahead". 13. APPROVE CONTIITUED "OPENING IN WALL" - CENT1'.AL SHOPPING CENTER. Mayor Ferre: Is there anybody here who wishes to speak on Item 19 - that is the "hole in the wall" that we always deal with on a yearly basis, year to year. Alright, is there a motion then that this item be approved? You remem- ber that thing in the shopping center. We od it every year. Does anybody wish to object? Does anybody have a problem on that? Is there a motion? Mr. Carollo: If I recall, didn't we have some problems with this some time back when it came before us? Mr. Perez-Lugones: We have always had a problem with it, and that is why we.. Mr. Plummer: 12 years that I have known it. Mayor Ferre: That is why for years and years we have it on a yearly revolving basis. We have to prove it every year. I think, frankly, that this really should be the last year we have to do this, because I think it is all subsided. Mr. Carollo: There hasn't been any additional complaints since last time, right? Or has there? Mr. Perez-Lugones: There haven't been any additional complaints, but the reason why we have the hole in the wall which was the license b station... Mr. Plummer: Driver's license. Mr. Perez-Lugones: It is not there anymore. Mayor Ferre: That is right. Mr. Perez-Lugones: Not true? I stand corrected. Mayor Ferre: But, we go through this every year and is there anybody who wants to object to this? Are you objecting, Whipple? Mr. Whipple: No sir, I don't object, but may I suggest to the Commission, upon our recent inspection, which was 2 or 3 days ago and that is why there isn't a memo from our department in your file, the conditions out there need improvement. We have no objection to keeping the hole going, however, the sign needs repaired, the trash and conditions out there are super bad. The landscaping on the rear portion needs to be updated and improved and they never have finished the land- scaping on 37th Avenue. Can you approve it subject to their meeting these pre- vious obligations? Mr. Carollo: Alright, so be it. I move. Mayor Ferre: There is a motion that this item be approved subject to the conditions that Mr. Whipple just put into the record. Second by Perez. Further discussion. Call the roll on Item No. 19. 47 JAn+ G 81�82 A The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 82-67 A RESOLUTION EXTENDING RESOLUTION N0. 80-835 (PASSED 6 ADOPTED BY THE CITY COMMISSION ON NOVEMBER 6, 1980), BY EXTENDING THE TIME PERIOD FOR REVIEW BY THE CITY COMMIS- SION FOR A PERIOD OF ONE YEAR: (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). I 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. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None 1Z:. PERSONAL APPEARANCE: MR. COTIN REGARDIiiG RECENT POLICE ACTIONS CO-NCERNING CIVIL DEMONSTRATIOh. Mayor Ferre: Ladies and Gentlemen, you know, Saturday a week ago, members of the Cuban community had a peaceful demonstration and unfortunately there was a run-in with the Police Department and it ended up not being a peaceful demonstration and I think this community suffered a great deal by that con- frontation. Hopefully, we have made some headway in calming people down and there is a committee which is hopefully getting to the heart of the matter and will report back to the Commission. One of the individuals that was in- volved, a Mr. Cotin, requested that he be heard by this Commission. Now, I told him through Cesar Odio that we would recognize him today at 2:00 o'clock on the premise that they would cancel a protest march that they had for this past Saturday, and so therefore, living up to that commitment and with my apologies to the people who are waiting on other items, Mr. Cotin promised that he would not take more than 5 minutes and at this time I recognize you. Mr. Cotin: My name is Joe Cotin; my address is 3111 N. W. 4th Street, Miami, Florida. Thank you Mr. Mayor. Thank you, Commissioners. Thank you Ladies and Gentlemen for taking 5 minutes of your time. First of all, I'm a U. S. citizen. I came 20 years ago to the United States. I have 2 businesses in downtown Miami. I joined voluntarily the U. S. Army, which I proudly repre- sented and have an honorable discharge and I swear to the flag of the United States that I will defend it no matter what, even if I am out of the United States Army. Today we have a great commemorative day of the birthday anniver- sary of Jose Marti, which is the ideal of the Cuban revolution to be free from Spain. I have a few things to say to you in regard to a week ago Saturday. But, before I get into that, I would like to mention a few things that have happened in.the City of Miami, which has not been solved yet. I had a word that occurred to me, but I am not going to use it because I think it is too crude. What I am going to ask Police Chief Harms what happened to Torrienta case, what happened to the assailants. This has not been solved yet. What happened to Mr. Rolando Masferrer, who was blown up in the City of Miami, but has not been cleared up yet. What happened to Mr. McDuffy, where 8 policemen brutally killed him - we have to say that. What happened to Mr. Jose Peregaro, member of the glorious 2506 Brigade? His assailant has not been ar- rested yet. What happened to Mr. Sarmiento. His assailant has not been arrested. What happened to Dr. Le Fleur? Ladies & Gentlemen, the Chief of Po- lice has to giveus an answer. A week ago last Saturday, I went. I was a spec- tator to this demonstration. I was there since 3:00 o'clock in the afternoon. I saw how everything was happening, how it was taking place. All of a sudden, about 25 or 30 police cars arrived. They had to have orders from the top to go there ready, on the ready list to attack us, the manifestation that was taking hl;wu . As you can see, on the television previews, I went up and down. I 48 J A N 6 81102 Mr. Coton: (con't) took the names of those Police Officers who used their brutality against my people, the people that I helped defend. I have given the names to a reporter, Mrs. Regalado. It so happens that there were two American Cubans - I am not going to use Cuban -Americans - American Cubans in front of me who called on Sergeant Bodea and they pointed at me with a stick. I figured at this time something was cooking against me. That happens about 4:00 o'clock. About 4:15 P.M., my wife and her uncle had joined me. She heard them on radio about beating me witn the Cubans. 4:30 1 went to the Federal Discount on S.E. 1st Street between 1st Avenue 6 South Miami Avenue to buy a pack of cigarettes. Officer Barrera called me - I was in the line waiting - I figured something, he wants to beat me or arrest me. I tell the people there: I wart you to be a witness; he either wants to arrest me or he wants to beat me. He backed off; in the meantime a police car arrived in front of the Federal Dis- count. He comes back again; he tells me I was under arrest. I was never told why I was under arrest. To make it short, I was taken to the Police Station. Before entering the Police Station, Police Officer Barrera kicked me and punched me a few times. We are in a democracy. I don't think it is necessary for the police to use brutality against anybody against the people of this community. I did not come here 2 years agao. I did not come here on the Mariel Boatlift. I came here 20 years to defend this country. I will defend my country because I want to return. I am not going to stay here in this country. I am going to return and defend my country, defend democracy, and defend freedom for the whole world. I also want to say, I have not seen an Anglo, a White, blue-eyed blond hair being brutally abused by the Police Department. What is happening, Mr. Chief, why are you taking it out on us, on the minority of this community? You have an answer to say to this community. And if you don't have an answer on all the cases that I have mentioned before, I personally request your irrevocable resignation. I also demand an investigation by the State Attorney Janet Reno which from what I understand, is not going to be conducted. I also demand an investigation by the U. S. Attorney General. Mr. Mayor, Mr. Commissioners, I know that you are feel hopefully that the Commission that you had named a few days ago is going to do the job. I don't believe so. I am ready to cooperate with them, but they do not have the subpoena power. Why do we have to wait for an investigation by internal affairs of the Police Department? We also want.. our civil rights have been violated. We want a deep investigation. Thank you Ladies & Gentlemen of members of this Commission. Mayor Ferre: Thank you. We are now back on Item No. 17. Mr. Perez: I would like to point out something, Mr. Mayor. I would like.. (NOT ON MICROPHONE) Mayor Ferre: And we will also send that statement, Mr. Clerk, besides sending it to the Blue Ribbon Committee, would you also see that the Chief gets a copy of that statement. Would you also send one to Janet Reno and would you also send one to the Attorney General's office in Washington. We in the City of Miami, of course cannot speak for the Attorney General or the Justice Department or the State's Attorney and they have to decide how they proceed on their own, but our position has been made abundantly clear and we have sent this information pre- viously to both the State Attorney and the Attorney General and to the White House. We sent a telegram and a subsequent letter to the President, if I am not mistaken on this matter. 15. PERMIT CONSTRUCTION OF 553 UNIT HOTEL STRUCTURE AT APPROXIKATELY 1744-56 NORTH BAYSHOP.E DRIVE. Mayor- Ferre: Alright, we are now on Item No. 17. This is the appeal by Trinity Episcopal Church when we broke up for lunch at 12:15, we were on the question. The City Attorney ruled and the Chair then subsequently followed tht- statement that we would hear this case. So let's proceed now with the presentation. Ms. Minnette Massey: Mr. Mayor and fellow Commissioners, may I correct the record in one place? Mr. Watson made the statement that my Appendix "A" was incomplete and that I had failed to file the second page, which was to be a written statement to accompany application for a variance. Id =J JAN 2 8 19U Ms. Massey: (con't) Mr. Perez has subsequently provided me with this. It was not in the file, nor was it ever filed with the application for the second variance. It was filed only with the application for the 1st variance. I in no way attempted to deceive or mislead. There wasn't one filed. It is now been transferred, I think improperly, from the first application to the second application. In addition thereto, as it states "please make a written statement below, which submits that your application for a variance meets the following requirements". The six are then enumerated. There is no written statement to substantiate the six made in the statement filed by Mr. Hollo. Rather, there is seven and eight added, which has nothing to do with the six above and still deficient under the ordinance as was the holding of the the Zoning Board. Thank you very much. Mr. Watson: Mr. Mayor and Members of the Commission, Jack Watson again, repre- senting the applicant. You have been asked by Mrs. Massey's client to sit in judgement on the unanimous decision of your own zoning board, which unanimously granted all of the requested variances to the applicant, Florida East Coast Properties. I for one believe the City of Miami has a good zoning board. Mayor Ferre: Jack, excuse me. Plummer is pointing out, and I think properly so that the applicant really is Trinity Church. So in effect really, and I apologize, because we are used to doing it this way. I don't really frankly think it makes any difference who speaks first, but if Dr. Massey wants to speak first, I would be happy to recognize you. Mr. Watson: I think she already has. Mayor Ferre: She has spoken to the legal matter, but I think she has already made her presentation based on.. J. L., he wasn't here, asked whether Mrs. Massey had spoken, and I think the point is that she has spoken and what she basically said, if you will forgive my paraphrasing a very well -versed and com- plicated discussion, was that this project does not meet any of the standards for granting a variance, of which there are six, and that therefore we should not hear it. Now, I then asked the City Attorney whether or not, and he said "yes, that indeed it had to meet these standards", but that was really a judge- ment factor that the Commission had to do and at that point then, I as Chair ruled that we would hear this to see if indeed the standards for granting a variance were met and let the proponent of the project have the time to express opinion. Did I parapharase it properly? Ms. Massey: You did sir. The only thing that is omitted is not only is it not in the developer's petition for theapplication, but likewise the record before the Zoning Board is the voice of any establishment of any of the six, and fur- thermore, the papers filed by the Zoning Board does not show that the six were met, so the Zoning Board erred in this record. It is not only the petition of the applicant in the first instance that it was not established before the Zoning Board. Mr. Plummer: My only question is this. Trinity is, in fact, the applicant. Mayor Ferre: She is the appealer. Mr. Plummer: Well, the applicant in this particular case. The applicant in this particular case, the applicant for the appeal. (COMMENTS NOT ON MICROPHONE) I asked you prior what presentation was made and you said "all legal, basically legal things". What I really wanted to know is, Doctor, did you speak to any specific- variances or object other than on a legal basis? Ms. Massey'. I don't understand your question, Commissioner, for this reason. Mr. Plummer: (CO1*1ENTS INAUDIBLE - NOT ON MICROPHONE). Here is the items that they have asked hereintofore that were granted by the Zoning Board. Your argu- ments that I have heard to this date have been on a legal basis, not on a zoning hasis. It is my understanding from the comments of the Mayor that your presen- tation prior tO my arrival were all legal questions and that in fact the City Attorney said that it was not out of line, or it was a judgement call. Mayer Ferre: That is what I said. Mr. Plummer: But what I am asking again, did you speak to any of the individual variances that have been requested or granted by the Zoning Board, or did you speak only to a legalistic standpoint? .50 JAn 281982 Ms. Massey: I can't separate them out, but I did speak to both Items "A" and "C" where they requested as a part of the variance unsubstantiated under the ordinance that they be permitted 50% variance insofar as the front yard was con- cerned, as to the rear yard that they take 75%, leaving only one-fourth. The "A" & "C" are so flagrant and so in violation of our ordinance and zoning pro- visos that the fact remains if they haven't met the threshold requirements to petition and if they haven't established the record, they don't belong before this body now, which takes us back to where we were last, Mr. Mayor. Is it the intent to hear this de novo and establish a record to see if the six criteria are met, or is this appeal and are we bound by the record and the record is a transcript that you all have in Appendix "B", as to what happened in the Zoning Board. Does the Zoning Board's actions and hearing comport with the statute so as to justify their end results. Mayor Ferre: But see Mrs. Massey, I am not an attorney, and I do not want to superimpose ,my criteria as the Chairperson of this board over a very compli- cated legal series of questions, which I am sure are eventually headed for a court someplace, okay? Ms. Massey: It is simple, Sir. The Zoning Board failed to apply the standards. Mayor Ferre: But that is something that I must get from my legal arm, because I am not qualified to tell you whether or not, under the charter and under the rules and regulations that guide us, the compliance there was or was not com- pliance. Now, since I asked a specific question and then threw the ball back in my court and he said - "Well I can, you know the fact is that there has to be such and such and such and such", but it is not for me to judge whether or not these things were adhered to, and therefore..... Ms. Massey: This is a cornerstone issue. Mayor Ferre: And therefore he said "You make the judgement", and for us to make the judgement, we have to hear this argument. I mean, we heard from you. Ms. Massey: You are bound by the record. Could I suggest that legal counsel pro- vide a written opinion to guide this Commission as to the 4 corners of the record that may be considered on this review. Mr. Plummer: Yes, but here is my problem, Doctor. My problem is that your con- tention, if I understand correctly, is that the Zoning Board members did not apply what you referred to as the 6th criteria to a variance request. Ms. Massey: Which are set forth in our ordinance 31.2.. Mr. Plummer: Doctor, the only ones that can answer that are the members themselves. Did they apply it, yes or no? I can't say whether they did or did not. Ms. Massey: The movements sir, in the paper you have in front show that two of the six were found to have been met by Mr. Carner the movant and the other ones were not. Mayor Ferre: That is one individual. That is one individual out of..... Mr. Plummer: You are asking did these individual members of that board apply this criteria in their thinking or in writing. Ms. Massey: You have the transcript of record where you can see that all that would happen basically was that there was a presentation by the architect. There were excerpts from the traffic survey and there was no meeting of any standards insofar as undue hardship, which is the positon of the Planning Department took at threshold. Mr. Plummer: Okav, I get the drift and I understand... Ms. Massey: I have made my objections and if you want to hear the presentation a new,I certainly have no objections to it. They are pretty pictures. Mr. Plummer: Okay, I get the drift. Ms. Massey: But for the record, I believe it is beyond the authority of you in appellate capacity to have the materials outside of the 4 corners of the record that have been made in the Zoning Board. 51 J A n� 2 8 'i?�,2 Ma yor Ferre: Alr.ist, Mr. Whipple, do you want to speak to something here? Mr. Whipple: I just wanted to know whether you would like the department to give the recommendation again as Commissioner Plummer was not here. It is up to you, sir. Mayor Ferre: Alright. We will start that way. Mr. Plummer: You are talking about the recommendation which I read in the backup material? Mr. Whipple: Part of the fact sheet, yes sir - by the Planning Department. Mayor Ferre: Go ahead, for the record, make your statement. Mr. Whipple: Well for the record, the department does recommend denial. We find that there is no hardship, which seems to be the legal issue that has been dis- cussed, but -our problem is that that the floor area ratio being requested is ex- ceeding over what is permitted. We suggest to you that a hardship is one that denies somebody a reasonable use of the property, when in fact the applicant is requesting twice what they are permitted. We do not feel that is a hardship - we do not feel that this area, the land uses in this area, the comprehensive plan justify such variances, and on that basis we recommend denial. Mayor Ferre: Alright now Mr. Watson. Mr. Watson: May it please the Commission, I started to say that I for one be- lieve that the City of Miami has got a good Zoning Board and has a good zoning ordinance, and I believe that the Zoning Board members, as well as this City Commission are aware of their duties and responsibilities when asked to pass on the question of whether or not variances affecting a certain piece of property should or should not be met. Contrary to what you might read in the newspapers and contr.ary to the opinion of one of the members of the Planning staff, I am sure that this board realizes that it can at any time say "yes" or "no" to each and every application that comes before you. The same thing applies to your Zoning Board. And since we are so legal, if you ever need any backup or any law ordinances or legal authority to justify that, it is contained in the cases of Citv of Miami vs. Walker 169 southern 2nd, 842 and Dade County vs. Wisehart, 198 southern 2nd, 94 in which our courts have repeatedly held that each zoning case is decided on its own merit and its own set of circumstances and just because you grant a variance to one person, doesn't make it mandatory that you have to grant a similar variance to his neighbor or anybody else. One other thing before I go into the presentation, I am sure that this board is aware of the fact that as in any legislative or quasi-judical body a City Commission or a zoning member doesn't have to explain his vote either "yes" or "no". He may if he wishes and it is up to this Commission as well as the Zoning Board to make his own determi- nations as to whether or not you believe a variance or a zoning change should or should not be granted. None of the members of the Zoning Board went into detail to explain why they voted for this matter because they didn't have to. They were satisfied that they considered the appropriate criteria and it existed for them to approve the application and it specifically set forth the six items that we discussed this morning, which were and are a part of our application. Now it is our contention that - let's take 1, 2, 3 - that the first criteria has been met since the land is next to a C-3 zone and if you will notice on the zoning map, our land actually extends down into the C-3 zone and no other property is faced with this circumstance. As to item 2, let me say that the applicant did not in itself cause the character of the neighborhood to be changed, since it has - this property has been purchased by the Florida East Coast Properties, which has been some .time ago. Since that time the character of the neighborhood has changed, As to item 3, all of the other properties in this district have the distinction of being further isolated from the C-3 zone and the Omni complex, and indeed the development of the Omni complex is strict enforcement of our present zoning as it applies to this property without the granting of the requested variances would be a hardship on the applicant because of the irregular shape of this property and because of its location next to and into the C-3 zone, being the Omni complex. Item 4 we believe has been met as if anyone has the right in the applicant's zoning district to apply for a variance, even though Mrs. Massey says in her brief and I quote "actually, there can never be a variance for FAR which complies with the zoning ordinance. To me that is totally without merit. Item 5 has been met. Without the requested variances, because of its location in the Omni area, we can't make a reasonable use of the property under the existing regulations without the variances and item 6 certainly has been met in that if the requested variances are granted, they will not be injurious to the neighborhood if the s2 JAI, 2 8 li�Q whole neighborhood tfor this project. There were objectors before the Zoning Board from the neighborhood; as a matter of fact, there were a great outpouring of proponents. There were either 12 or 13, as I recall, that all came down and spoke to this. I want you to understand that this is not the first time we have been here. We went to the Zoning Board twice. We whittled the application down to the bone. The neighbors all came out and said "yes, we want this" and that is in the record for anyone to see and since that time we have been down; this is the 3rd time that we have been down here and some of the neighbors I think have just gotten tired out of coming and saying how much they like this every time, but it is in the record that they do. Now, I am going to ask Mr. Hollo as the developer and owner of the property and a person well versed in zoning as far as the City of Miami is conerned, when I conclude my initial remarks to you to either approve them and adopt them as this testimony, or reject them and modify them in any way in order to save time. Now before that I want to make it clear to the Commission that the only objector, to my knowledge, which has appeared before the Miami City Commission on 3 scheduled hearings is Mrs.*Massey representing her client the church, which is located, I believe in the Omni complex and is a considerable distance from the subject property. All of the immediate neighborhood is for it. Nobody is objecting up there as far as that map is concerned and if you were to check it, you will find that the 12 or 13 people within the area have all come down and said "yes, we want this" and so consequently I think that we have taken enough time attacking the legal aspects of this thing, enough time attacking the Zoning Board procedure, enough time attack- ing whether or not the criteria has been met. We -say that it has been met - the Zoning Board found that it had been met when it granted the variance. They granted the application. As a part of the application, all 6 items were attached and so consequently, she nor anyone else can say that they didn't consider these things. They all presumed to know what they were doing when they did it. They were charged with that responsibility and I believe they know what they were doing just like I know what this Commission knows what it is doing as far as zoning matters are concerned. But, whatever you gentlemen want to do, that is up to you, but I think we ought to get into the merits of the case right now and let me introduce Ted Hollo. Ted, do you want to come on? Mr. Hollo: 1Iy name is Ted Hollo. Honorable Mayor and members of the Commission, I am once more in front of you in this case that has started in September, 1980. My oh my, a year and one-half ago. We have gone in front of the Zoning Board. The Zoning Board remanded it back to the Planning Department for further studies. We have met with the Planning Department again - Mr. Whipple - and we further re- duced the plans in the early portion of 1981. We have then proceeded in front of the Zoning Board and we got overwhelming unanimous approval - we have received approval on the project. While that happened, and we have had no objectors, I underline this, no objectors to the project. We had every property owner - if you look at the map - thoroughly surrounding the premises up here in front of the Zoning Board for this project. We have asked most of them, please not to come because we did not want to usurp your time, however a few of them are here and very anxious to verify in favor of their neighbors. Unfortunately, as you know, Patrick cannot be here anymore. He has departed from this world and he was one of the most vehement proponents of this particular project. Now, approxi- mately 4 months ago, when it has been approved, 5 months ago, as a matter of fact, all of sudden on the last day of the appeal, an appeal was filed. Ms. Massey spearheaded that appeal and tried to approach every neighbor to object to it; no- body was going to object to it. So, she resorted to the church, which is not in the subject area at all, with whom she had an affiliation, who had agreed upon she giving her check to them go file an appeal. The appeal has been thus filed as Mrs. Massey as you know, is spearheading it with various delaying tactics in the front of you. Twice before she was here and she was successfully delaying our project at a tremendous cost to us. Each and every time we have brought in the professionals who have produced this magnificent plan. We have brought in the traffic study people. Once again they are here and if you wish to hear from them, I can present them to you. It is really up to you. I would like to present however, those people who are insisting to talk to you about this project, not 17 of them who were here at the Zoning Board hearings and at the last meetings, but only a handful of them, 3, 4 of them, if you are good enough to hear them. I, however, I. must tell you, I adopt totally what Mr. Watson has told you earlier and that is part of my testimony as well. With your permission, I would like to call on some of our neighbors. Mr. Gonzalez: Mr. Mayor, Commissioners, my name is Al Gonzalez. I live at 434 N. E. 77th Street, Miami. I represent the hotel workers. We are here in behalf of the mantis hotel workers that today are unemployed. I feel that Mr. Hollo is again coming to the .... bailing out our city by putting this project before us which will employ thousands of hotel workers and thousands of contruction workers. l feel that, Commission, Mayor, consider this, in behalf of the unemployment in this city and the need to put these people to work. Thank you for your time and I llopt• that you consider our request. Thank you. 53 "JAN 2 Mayor Ferre: I want you to understand that what you said is wonderful and I am very happy but it has absolutely nothing to do with the matter before us. Even if you were to employ 100,000 more people, which I really want, and they were all members of the union, which I really want, and everybody was happy, that is fine, but we have got to judge this on the merits of the case and it has nothing to do with the question of employment, even though that is uppermost in each and everyone of our minds. I just want you to understand that. Mr. Adder: My name is William Adder, and I reside at 1800 North Bayshore Drive. I built the apartment building at 1800 North Bayshore Drive approximately 27 years ago. That is lot 8, 9 & 12 in block 7. I have both lived there continuously for over 25 years, but I have also operated a business - the 1800 Club which is a restaurant and lounge. And over the 25 years let me say that I have always owned a dog and there hasn't been a night of course that I haven't walked that neighbor- hood. I think I probably know the area better after all these years, or certainly as well as anyone else. I am not a developer. I have no plans of tearing down my building br building something in the future. I am very content and I would like to reside in my apartment that I have been in for many years for as long as God is willing and I am very anxious to see the area continue to improve. There has been very little change over the years. I found that Omni was very exciting, but my first concern, when I heard about it was how was it going to affect the traffic pattern and the parking in the area. This also was my concern when Plaza Venetia went up. Let me say that we have no parking or traffic problems at this point with Omni, as large as it is, or with the Plaza Venetia. And it certainly is my feeling that the hotel is not going to cause any considerable traffic pro- blem. If I felt that it would, I would be here objecting, rather than approving. I can only say that I am excitied about what is happening in Miami and excited about what is happening in the area and I would very much like to see this pro- ject go forward. I think it is a beautiful project. Thank you Gentlemen. Mr. Hollo: We further would like to state to the Honorable Commission that we were very sensitive to the problems of the area and as well as to the sensitivities what was yesterday - to try to preserve it for today and for the future. We have one of the premiere buildings on our side of yesterday, the Brown residence, and we have had a number of meetings with the Dade Heritage Trust who are here, with whom we have come to a conclusion of what we intend to do with that property. With your permission, I would like to present them to you - Mr. Thompson of the Dade Heritage Trust. Mr. Thompson: Mr. Mayor, Commissioners, my name is Paul Thompson and I am here today representing the interests of the Dade Heritage Trust as its Executive Director. I must make it clear that we are first of all not here to take a position regarding the amendments that are before you. We are however, deeply interested in preserving this historic structure which is located at 1756 N. Bayshore Drive, Lot 5 on the map as you see it. Let me (COMMENTS OFF MICROPHONE) We believe there is a necessity to put this proposal before you at this time because this historic house, built in 1916 is perhaps the finest example of vernacular architecture remaining in the area. This original area was known as Miramar as you may know. This house and several others were in effect, part of a very spectuiarly fine area for residents at the time. Each of you has in a packet, photographs that were taken from the period and you can see what we are talking about when we are relating to that. It is built entirely of Coral Rock. You can see this is a view from Bayshore Drive and another view from the front door directly across the street through Margaret Pace Park. Now this site, as you probably know, the park itself was filled and made a park approx- imately 25 years ago, so the house itself sat on the bay. What we are proposing is that this house be preserved. Mr. Hollo has agreed and he is very much in accord with our attitude toward the saving of this house. What we are seeking to do is to preserve this structure as the site is being used. As the site is being shown for use however, there is no provision for its remaining on its present site; therefore we suggest the house be moved. Now there are a number of options here and the first one that we are proposing to you is that it be moved into the park directly across the street on to the bayfront site as it had originally been placed; that the developer be responsible for all the costs involved with such move, site prepar- ation, move, restoration, utility hookup, etc, including a maintenance fund es- tablished for the ongoing preservation and restoration of the residence, therefore the City of Miami is incurring absolutely no expense. The condition of the house is extremely sound. Is is structurally in very fine shape. You can see that it was - this is all handwork. When we talk about vernacular architecture, I doubt ii there was ever a blueprint drawn for this house. Each room, although it is the same, it is a symetriclly designed house from left to right, they are different; each room is different, one from the next. This is an example of some of the cartouche applications. This is above the front entrance door. You can see the .54 JA12 8 1982 eave work, very Oriental in its attitude. Nothing like this exists in this particular historic area. This is the outbuilding to the rear which is now used as a laundry. We do not recommend that it be saved. It not as an impor- tant structure at all. We do however, recommend that the Commission include in its recommendation, if these variances are granted that the stone remain- ing from it be used in the restoration project for the house itself, etc. As we look at the back of the house, if this house is moved acrossed into the park, this will be your view of it and I show you these so that you can get an idea that it is just as handsome from the rear as it is from the front,.so.w,e are not talking about an eyesore by any stretch of the imagination and with proper landscaping, which also will be provided for, we will have quite a handsome structure. This is directly through the back door, and this is the kitchen area through the left and to the right, a matching space, which as you can see, the back is one story, the front is two stories. Mayor Ferre: Mr. Thompson, it is all very nice and is really very interesting and I am thrilled that if this were to happen we would keep this magnificent historic building. But again it is not germane to the main point, but thank you very much. Mr. Thompson: We have only this place alone to make our voice heard. Mayor Ferre: I understand. Mr. Thompson: We suggest only one thing - that if variances are granted, that a contract be devised that will incorporate it into these variances. Thank you very much. _ Mr. Plummer: Mr. Mayor, and this gentlemen better do the same. I remember just very briefly a short time ago when there was a proposal to put a few small chickees in the park, and I might want to tell this gentlemen of the beaucoup amount of people that came out to oppose a few small chickees. Mayor Ferre: We have to have a public hearing and you understand that. Mr. Rollo: If it pleases the Conunission, we can stop here because you had a total and complete analyses of the project of the various professionals - the architects, the traffic consultants, traffic engineers - and their reports are all part & parcel of the transmittal that you have received from the Zoning Board. If you care to have it. I will explain to you what it is. You nave in front of you the two photographs - one is an inside shot of the project, one of course is the outside. Look a bit and as well, we have prepared a model for you to preview. I would do whatever vour wishes are. We have them here if you want them, if not it is in the transmittal. Mayor Ferre: Yes sir, Mr. Fannatto. Mr. Fannatto: Honorable Mayor & Members of the Commission, - Ernie Fannatto is my name. I am president of the Taxpayers League, Miami & Dade County. I am also president of the Homestead Tax Exemption League of Dade County. I would like to say that the stakes are high here for the taxpayers. This happens to be a $45,000,000 project. That is approximately what they are talking about. Now let's talk a little bit about what is fair as the given zoning variances. Did the church get a zoning variance? You better believe they did, right there on the ocean. They had to get it before they went there. Now the shoe is on the other foot. Mr. Rollo is asking for a variance and they are objecting to it. Well, what is good for the goose is good for the gander.. If they asked for a variance, Mr. Rollo is entitled -to it. Also, I want you folks to know this notice here - that the State Legislature, enacted legislation whereby they recommend that cities and counties are allowed to give concessions to builders and this is a chance to show your good will and I think it is about time that you folks took the taxpayers into consideration. Mayor Ferre: The morning newspaper thinks that we have a little bit too good a will. Mr. Fannatto: Mayor, I am not interested in the newspapers, I am interested in what is right. Let's give these people the very same thing the church. Now, if the church hadn't gotten it, then there wouldn't be so much of a complaint. But why should they get a variance and not these people? That is the case. It is a very clear cut case and let's talk about the money that is involved in this case. The prime rate years ago when these zoning matters come up was just about 6. Today it happens to be 15, so even if Mr. Hollo asked us for some additional height or whatever he's got, he is entitled to it and you should liberalize your zoning 55 2 ITdNN ,��` decision compatible with the high prime rate when the other was so low. In other words, it has gone up about once and a half more, In reference to Mrs. Massey, you know any attorney, if she is any kind of good attorney can tear apart - I was on the Planning Board for 4 years, City of Miami - can tear apart any case. If they could not, they wouldn't be good attorneys. So if you think it is not fair, just think before you vote. If the church got a variance, why can't he get it. Mayor Ferre: Okay. Thank you. Alright, I assume that that..... doesn't anybody else want to speak on this? Mr. Carollo: Ernie, does that mean that you are endorsing Mr. Hollo's project? Mr. Fannatto: (COM ENTS INAUDIBLE - OFF MICROPHONE) Mr. Carollo:, Okay, just want to make sure Mayor Ferre:' Okay, Mr. Rollo.. Mr. Hollo: If you wish to have any of our professionals report, otherwise...you already have had that. Mayor Ferre: What I am going to do is ask Mrs. Massey...I am sure she is going to want to respond to some of the points that were made and then we will see what the will of this Commission is. We will see what they want to do. Ms. Massey: The beginning line and the bottom line is that Florida East Coast Properties has shown no undue hardship. If there is any hardship at all, it is an economic hardship which the courts do not recognize as a hardship. And if there be such, which I doubt, it is the developers, Florida East Coast who have caused the hardship by the change of the zoning and by the variances in that immediate area. The property was purchased knowing the zoning. If we have zoning laws, let us abide by them and live within the framework of the law unless the exceptions are met. When there are no exceptions met, there is no need for change. 1 wish to briefly call your attention to the traffic report. It is good. It is good even considering it was paid for by the developer, but they tell us in there that unless there are substantial modifications in the road before projects go ahead unless the people mover is in place, the traffic will be impossible. And I think we all know that on 15th Street on the Venetian Causeway now it is impossible at least 6 hours of the business day and this will only heighten the problem. We have zoning requirements. They call for open spaces. The laws are written for the people. Change the laws, don't change the circumstances because of the person who wants it changed. Change it uniform- ly so everyone has the benefit of it. In the absence of any showing whatsoever on the record today of any undue hardship, the developers have a beautiful piece of land. They can build a fine hotel, not twice the size of the regulations as the), now exist, not by taking away public spaces, not by putting a maximum build- ing and a massive fortress building, but by building a lovely building. It is profitable. So why then, because one owns a piece of property and decides that he should have maximum benefits should the zoning laws of this city which you gentlemen have faithfully tried to defend in the past, now be put aside. Mayor Ferre: Alright, anything else? Yes, Dr. Theede. Dr. Jane Theede: This morning I was enchanted by the statement you made, how it is going to benefit the city. May I restate this and what manner will this do harm to the city. I think these are both the same statement. I think the over- all range of view on this should be observed. As a property owner in that area, I agree with Dr. Massey that traffic today is already impossible and this is going to make it an even worst situation. Traffic congestion and pollution lead to sulfur dioxide which leads to hydrogen sulfides which lead to the destruction of plants, people, buildings and the bay area. Now, downtown Miami has already witnessed and is suffering from what is known as implosion - you explode, you split apart, you implode, you fall in upon yourself. And this area is getting built up to the point that the concentration of traffic, the concentration of people with time will implode this area. But Mr. Mayor, and members of the Commission, within the past year you have been attempting to get a very sensible approach to Park West established. You are trying to revitalize an area between downtown and Omni. If you continue to revitalize an area north of Omni, you are going to have difficulty in vitalizing this areas between there. Esthetically the building is lacking, but the main thing I am concerned about also about this 56 JAN 2 81�bc_ is building with its beautiful glass structures is that this building happens to be in the approach to the airport. Approximately 6 years ago in the city of Birmin- ham the architects built for the Southern Company a magnificent building and each morning as people came across the mountain and the sun reflected in their faces there were innumerable traffic accidents and several deaths and the architect had to go to his own personal expense of removing all of the mirrors from this build- ing, so somewhere along the line, someone had missed the fact that you are in the approach and the exit of the Miami airport and with sunrise and sunset you are going to blind your pilots as they come and go from the airport and I am won- dering if the pilot's association has been made aware of this potential pilot traffic hazard? Now, in closing, Mr. Mayor & members of the Commission, I think your intelligence, and possibly integrity is being grossly insulted and challenged. High school sophmores mistakenly thinking they are sounding important and knowledg- able plagiarize and paraphrase. The attorney of the developer and the developer himself have been ambiguous and have paraphrased the Planning & Zoning Board's requirements without providing specific reasons or facts in a definite manner and in this way they are insulting my intelligence of both the business and the voting community. Now, I cannot see how citizens of Miami and the Commission of Miami can let this piece of property be built on in a manner which is in violation of our Zoning Board. Our recommendations are our rules and I think this would be a disaster to this whole area to allow the concentration that Mr. Hollo is proposing. Thank you. Mr. Hollo: Very briefly I would like to respond that I am truly not desirous to insult anybody's intelligence, however we don't have a mountain to come to Miami from Miami Beach. Also, we have consulted FAA very carefully and as you know, the sun rises up, reflection is downward, not upward from any glass structure; however... Mayor Ferre: Dr. Theede, you had your opportunity. Mr. Hollo: However, obviously the point is not the esthetics of the building. I think that the only item that was pointed out here by both ladies was the fact that there is congestion possibly in the area and for that reason we have engaged and did a very, very lengthy and thorough traffic study that was presented to the Zoning Board and precisely now, without paraphrasing, I am prepared to present it to you with the people who have spent months, literally months of evaluating the traffic patterns of this area, so if it pleases you, I present, precisely without paraphrasing our point of your objection. Mr. Wenntzel: For the record my name is Jerry Wentzel, I am a principal with the firm of Barton-Aschman Associates. Our offices are at 201 E. Kennedy Boulevard in Tampa. Mr. Hollo asked me to be here today to spend a few minutes going over the relationship of this project to the thorough analysis that we did of transpor- tation for the CDB-2 zoning district. You might recall that that study was not a specific study of any one development, but rather a general evaluation of what the total development program was likely to be in the Omni area and as far north as 20th. And in fact, in doing that analysis, we considered the total development program in the area as what it might possibly be in the future, if it were to build out to a maximum allowable. In doing this analysis, we looked at existing con- ditions and we projected it well into the future. Under existing conditions, we analyzed each of the major intersections in the area to determine how well they are operating and the facts are that the street system in the area works very efficient- ly now. There are very few areas where there is any congestion and that was limited to just a small part of the peak hour conditions, strictly in the 5 to 6 P.M. Then we started looking in the future of 1985, and in doing that analysis, we plugged in this particular development, because we were aware that it was being proposed, and we also looked at every other project that has been before you where it is anticipated.to be completed by 1985 and we found that certainly there was going to be some traffic congestion in 1985, unless certain improvements were made, but the primary reason for these improvements are really the conditions along Biscayne Blvd. in the amount of through traffic that comes through this area. The conditions on Bayshore Drive, in fact were excellent. It is probably one of the most under utili- zed streets in that vicinity and it is carrying about one-fourth the traffic that it could. We then went beyond '85 and looked at the year 2000. As we start looking; at the year 2000, we projected every possible development in that area up to the density that was expected to occur, including the CBD-2 zoning. In this vicinity, the downtown development authority gave us projections where the area around this project, and anticipated that some of that land might be developed to the same density as this project, so that was all included in our analysis. Then we also went on to beyond year 2000 and looked at what might happen if everything built out to be allowable under the CBD-2. And you might recall that one of the major findings of our study was that the Omni area should really be developed as 5'7 'JAN 2 8 +9?? a mixed use development. We in fact encourage tha velopment in the area take place for residentw and for hotels, because those ypes of uses are lower traf- fic generators thai, commercial and office and a number of other developments that are possible. And by getting that mix of residential and commercial and office in the same area, we will encourage transits, we will encourage pedestrian trips between land uses and and so we encourage, in looking at the total development program, it is possible that in fact some precedent be set for keeping residential and hotel in this area to accomodate a better transportation level of service. Mayor Ferre: Alright. Thank you sir. No, Dr. Theede, not yet. Mr. Hollo: Honorable Mayor and members of the Commission, any questions you have I am happy to answer. We respectfully ask you to uphold the decision of your Zoning Board. Thank you. Dr. Theede: I would like to ask the gentlemen a question on the traffic. When you were doing your st�idy, did you include the projection of what is supposed to occur on South Miami Beach within the next 10 to 15 years and the traffic flow from the beach through the Omni area. Mr. Wentzel: One of the key components in our study was through -traffic, as I indicated. For example, right now in the Omni area there is about during the highest one hour about 12,000 trips, vehicle trips, going through the area. Of that, 3,000 is related to development in the Omni area. The other 9,000 are just passing through, so what we are trying to do is accomodate through traffic growth and the growth within the area itself, and so what we had to do, is we looked at what was projected in terms of population increases and employment increases in the area around and then projected those increases in the through -traffic. So we didn't look specifically at any one area, but we did look at the general growth around this area. Dr. Theede: But South Beach is supposed to develop and when it does, you have got only two traffic arteries from South Beach into Miami and both of them in this area, so that even though you may have only 9000 vehicles passing through now, if the Beach gets its act together and they redevelop South Beach like they claim they will, we are not going to have 9000 vehicles passing through there a day; we are going to have that many an hour, a morning, as these people go back and forth. Now I can tell you from personal experience when I come across Venetian Causeway and I get to the traffic light on South Bayshore Drive, if I choose to continue west, I must allow myself 3 to 5 traffic light changes, which are extremely long because Biscayne Blvd. has the right-of-way. Mayor Ferre: Make your point, Dr. Theede. Dr. Theede: Yes. To get through. Now we have practically no one living there now in relation to what is going to be built up in the future. Now, if it takes me 3 traffic lights in the middle of the day, and 5, 6 & 7 at 5:00 o'clock at night, what is it going to take me 5 years from now? Especially 15 years from now when South Beach does get developed and these people do come in to Miami. You have got only 2 bridges coming from South Beach and they are all going to pull right into that complex. Mayor Ferre: You have already made that point now. Alright. Mr. Wentzel: Maybe just to summarize quickly to put into perspective. The 12,000 vehicles were vehicles in one hour, not in a day and traffic consultant that pre- pared the specific study for this project estimates it will generate about 400 - a total of 200 in and out. That is the perspective of this project for the total traffic in the area. Dr. Theede: But it is this project plus how many more projects? This is my question. No, if this were the only project in this whole area that would be built, then there would be no contest, but we are talking about Park West being developed and we are talking about sooner or later all the way up to 36th Street and we still have got 2 bridges only going over to Suutu Beach. MN -or I'vrrv: I think you made that point, Dr. Theede. Pr. Th�'00&': Alright sir, not him, as a scientist to Mr. Hollo, when you reflect light, it reflects light, it reflects not just up and not just down, it reflects 180 degrees if that surface is flat. Mr. FAA approved it, Madam. Dr. Thet-de: Alright. 58 JAn 28 ,J Mayor Ferre: Alright, thank you Dr. Theede. Are there any other statements to be made publicly now? Mr. Maddis: My name is John Maddis, 3051 Lime Court. I would like to get to the issue today. The issue is not taxes. The issue is not employment. The issue is not glass. The issues is not trees. The issue is merely whether or not 600 rooms or 290 rooms, not hotel or non -hotel. It is the size. The question in front of the City Commission today is a question of fairness. At the national level we hear about fairness and a lot doesn't come through in terms of fair policy, but I know that this administration is committed to fair policy and to fair treatment of all citizens. What we are looking for is for people to play by the rules. What we are asking and what I think that the people from the church are saying is look at the rules and look at the standards that the city has put forth. Your legislative body has said there are 6 criteria for granting a variance. Ifyou meet these criteria, then you get your variance. Not who you are and what position you.are in the city, but based on fairness. And that is the issue in front of you; whether or not they have met those 6 criteria. If they have, fine; go ahead and grant it. But that has to be based on the record in front of the Zoning Board. And if that record is there, then go ahead and grant it. It is not a question of taxes. It is just a question of fairness and I hope this adminis- tration is fair. Thank you very much. Mayor Ferre: I just...no Ernie, you have made your statement. Yes, but he is ab- solutely right. You know, this is why I have been trying to express that it has nothing to do with the number of people we are going to employ or the taxes that this building is going to pay. Those are all pluses. Or the fact that we are going to help the historical zoning and the Historical Society to preserve a build- ing, that is all great. But I think that what we have before us is, this particular building and this particular property and the rules and regulations of the City of Miami. I think a ....... quickly, you have half a minute. Mr. Fannatto: That nobody can build a building today with the price of land un- less you go up higher, and let me tell ...... I heard her talking about traffic. How much traffic does the church generate on a Sunday there and other days - a lot of traffic. Too much, as a matter of fact. Let me just close by saying give them the very same thing the church got and I am surprised that the church is fighting something that they got. Mayor Ferre: Okay. Now I assume everybody has had their say and now it is in the hands of the Commission, so I would open this up for Commission questions and statements. Mr. McManus: I would like to request Mr. Hollo or his representative from Florida East Coast Properties to stipulate for the record that the model in front of you accurately portrays the Omni project, particularly the location of the tower of Omni. Mr. Hollo: I am very appreciative of Mr. McManus to point that out. I am very happy for it. Actually the tower of Omni is more south than the particular posi- tion it is. We just didn't have a big enough board. Mayor Ferre: I think the point is, is it in size - is that the size in propor- tion? Mr. Hollo: Yes, that is the proportionate size, your Honor. Mayor Ferre: It is. In other words, the tower is further away.. Mr. Rollo:, Further away to the south. Mayor Ferre: But that is the size of it. Mr. Rollo: Yes, your Honor. Mayor Ferre: In other words, it is in proportion to the scale to the rest of the.. Mr. Hollo: Yes. Mayor Ferre: Mr. McManus, anything else? Alright, questions from the Commission. Mr. Dawkins: Mr. Hollo, how many variances are you requesting? Mr. Hollo: Actually, Commissioner Dawkins, what we are asking is a composite project. It is not a number of variances. It breaks down to variances, but it ib a w1101e sum composite project. I believe it is the same number that was 59 JAN 2 81982 ,4% I .,,, . granted just north of us - I think 14 items. Mr. Dawkins: 14 items. When you purchased the land, you purchased it knowing full well that you could not construct what you desire without the variances. Am I right or wrong? Mr. Hollo: At the time I purchased the land, I had no idea, commissioner Dawkins, what I was desirous to build on it. Since I bought the land, the entire demeanor of that area has radically changed. The City of Miami is reaching its destiny now. It is something different; it is something upbeat; it is something exciting. We had no idea at the time that we purchased what we are going to build. Mr. Dawkins: So if these variances are denied, then it really does not create a problem for you, since you at no time knew what you were going to build, and at this time you are only going to build it if we give you the variances, am I right or wrong? Mr. Hollo: On the contrary, in the retrospect of 10 or 11 years, it would create an immense amount of problems for us. Mayor Ferre: Yes but it is an economic reason. It has nothing to do with the variances. Mr. Hollo: Our problem is, Commissioner Dawkins, that this problem would also reflect to the community. Mr. Dawkins: The only problem I have with it sir, is that it appears, and this is my personal opinion - it appears that, and there again I want you and everybody else to understand that this is my personal opinion - that you are requesting that we rewrite the variances for you. Now, that is my personal opinion. INAUDIBLE COPLMENTS NOT PLACED INTO THE PUBLIC RECORD. Mr. Carollo: Mr. Whipple, can I have a minute of your time, sir. Just a few blocks from that project, the new Omni ordinance that we approved the last time that we met for zoning purposes. If the same increase in density that we approved for the Omni area would be applied to this project, how much would that change the situation? Mr. Whipple: I would like to answer that in two parts if I may, Commissioner. No. 1, let me direct your attention to the map and indicate to you that the CBD-2 which you are referring to was an application of zoning primarily attached to both sides of the boulevard from the point of 17th Street which is sort of the north part of the Omni and the south part of the subject project going southwardly. Mr. Carollo: It stops where exactly - right there where your pen is at? Mr. Whipple: It is 17th Terrace where the end of Mr. McManus' pen is here. That is Biscayne Blvd. Mayor Ferre: Yes, 17th Terrace. Mr. Carollo: So it is about one-half a block away, approximately Mr. Whipple: Yes sir The second part of that is.... Mayor Ferre: Wait a minute. Does it go up to 18th? Mr. Whipple: No sir, it does not. Mayor Ferre: It stops at 17th. Mr. Whipple: I would like to point out that.... Mayor Ferre: Let me see if I understand the question and so I understand what you are asking. If instead of 17th we stopped at 18th, for arguments sake and this were a part of the CBD-2 district, what would happen to this project? Mr. Whipple: Well, that was what I was getting to, the second part of the first answer. I would like to know, or have Mr. McManus point out is that the commer- cial zoning extends from the boulevard back to N. E. 4th Avenue. That is present- ly zoned C-1, such as the other portion of the boulevard further south. I would suggest to you that the CBD-2 would not go back into the R-5 or into the residen- tial area which has been mapped all along the Bayfront between 36th Street and Mr. Hollo's project. In other words, even if you were to suggest that CBD-2 .60 j A y 281992 might go northward # some point in time, I sugges�o you that it would only be as far as a commercial •deptl,goes and I believe that it is very possible that that commercial debth would only extend to N. E. 4th Avenue, where it is at this point in time. Mr. Carollo: That is not my question Mr. Whipple. My question is, and you have not answered it, is the location where Mr. Hollo has his project at, is that saying a new ordinance would be applied to his project, how much would that change the project there? Instead of needing X amount of variances; would he need less; would he comply or not? Mr. Whipple: He would need probably no variances and he could triple what he is requesting before this board today if you were to rezone his property C$D-2 and other properties in that area. Mr. Jarollo: And we are only talking half a block away, the difference of where his property is located at.. Mayo: Ferrer. Across the street? Mr. Carollo: Yes, across the street, half a block away. Mr. Whipple: However, I do take issue with some of the earlier remarks with re- quest as to the qualifications as to the variance. It is true that it abuts a different zoning classification, that being the C-3 of Omni and I just like to point out that the FAR of Omni is actually less than the FAR being requested for the subject project. No. 2...... Mayor Ferre: 3? Mr. Whipple No. 2 - 3.5 sir - there was a suggestion there was a change in the character of the area. Now Omni is there. I believe Omni might have been there before Mr. Hollo purchased the project. The only project that I know if within a 2 or 3 block radius has been a high rise development in the R-4 zoning, housing for the elderly to the northerly end, or north of Mr. Hollo's project. So, I dis- agree that there has been a change of character in the area. The character has been established. It is existing. There has been no change in my opinion that adversely affects the potential development under existing zoning of the subject property and again, a hardship isn't one of getting more than what you are entitled. A hardship is something that you seek, or a variance is something you seek if you have a hardship that denies you the right to develop what the zoning says that you can develop. If you are trying to get twice as much, that is not necessarily a hardship sir. Mr. Carollo: Mr. Whipple, are you somewhat familiar with Houston, Texas? Mr.Whipple: No sir, not too familiar. Mr. Carollo: Well, you must be familiar with their zoning rules and regulations. Mr. Whipple: They have very little zoning sir; they have mostly deed restrictions, covenants and private restrictions regulating the use of land. Mr. Carollo: That is fairly much correct. My understanding is that they in fact don't have any zoning code. What they have there is, you build what you want and so far it has been working fairly well, regardly of what some people have tried to apply to it. I not suggesting that we should do this in Miami, but.. Mayor Ferre: The Herald says that we do do that in Miami. Mr. Carollo: Well, I will tell you when we start doing that in Miami now, I think that the first place that we should look to is the Miami Herald building. We gave them 2 city streets. We put it right on top of the bank, and still not enough. They had the nerve to come with an editorial like they did today, accus- ing Mr. Hollo of something that I thought was totally out of place, and on top of that, they right now have pending something in our zoning department that will come before this Commission soon where they will be asking for a variance for their building that is right on top bay that is covering 2 city streets. Mayer Ferre: I am sure we will be seeing an editorial against that. (laughter) Mr. Carollo: I would hope that this Commission would remember the first sentence in today's editorial. and that we apply appropriately to it when they come, but I guess what I a►r: trying to do here, Mr. Mayor and members of the Commission is try to reach a sensible compromise. I believe Mr. Hollo, frankly, that you have gone a little overboard in some areas - quite overboard in some of the things that you id .61 JAN 2 81982 Id would like to incA*e in your project. At the sameo'time I think that it is a very well done proJ_ct. I think the City of Miami can certainly use the revenues from it in the future in the form of taxes, plus the tourists that are going to be coming to your hotel. At the same time I don't want to approve this project, and frankly I cannot approve it the way it stands. I think that we have to go back to the drawing board and look at some additional compromises that we could come to. Compromises that will be fair comprimises on the part of the city and your part also, Mr. Hollo. Mr. Hollo: If I may respond to you, Commissioner Carollo, I would like to shed light on a few things. I much prefer it to you that my project is closed in totality if any part of it is closed, and I will respectfully go home. However, I must point out to you a very important thing that you pointed out to the depart- ment. You see this goes back about a year and one-half since we started and labored and put up our money of $27,000 for variance requests, etc., and had pro- fessionals here about 10 times. The original meeting that we had with the depart- ment - at that time with Mr. Reid. We were going to have between a zoning of about 10 FAR to a zoning of 2 FAR above an area here, in this particular location. It was agreed upon that it would be wouthwest around 4, that buffered section. Later on the department, very wisely, decided that they are going to examine the entire area. Unfortunately, the time has marched by - a year and one-half. This area hasn't been examined yet, but they do want to create a buffer and they did feel that the 4 FAR wasn't out of line. We were greatly encouraged by it, and we have gone in forward of it. And this is exactly the point that you have taken with Mr. Whipple. And as to the last item, I am very gratified, I must tell you that the Miami Herald took that position, inasmuch as whenever they take a position of this sort, they always take the wrong position, a negative position. Mr. Carollo: If I may for a second, Mr. Hollo, with all due frankness, I think that every member of this Commission appreciates what you have contributed in the past to this community when no one else in the past wanted to put up there money up front and take a risk and invest in this community, you did. We appre- ciate that. At the same time I am sure that if the Miami Herald would have had the foresight that you had, and instead of you buying that piece of property, they would have bought it, that editorial would have been quite different. At the same time sir, I am not in a position to let that same senile old quack that writes those editorials have the opportunity, if this Commission approves something like this, at this point in time, with no changes made, to write another one accus- ing us of being anything and everything, including Al Capone, so I think you can understand where I am coming from. Mr. Hollo: I sure appreciate it, and heart to heart if I can have two words. That is not Merry Christmas. Mayor Ferre: Are there any other questions or statements? Mr. Whipple and Mr. McManus and Mr. Reid, you know we have got a problem, whether we face it today with this issue or we face it next week or next year, we have a problem. The problem is very simple. We have seen it happen before; it happened on Brickell Avenue and the problem is that you cannot have a community with the dynamic growth of this community and expect to take property that was purchased at "x` dollars a square foot and 10 years later it goes up 20 fold and then have the property across the street rezoned where you end up with a multiple of 10, and I might point out that Herald editorial originally that was in favor of this - and of course, as I recall Herald Plaza is included in the CBD-2, isn't it? Mr. Whipple: No sir, yes... Mayor Ferre: Okay. They were of course, and I specifically commend to your read- ing the editorial that came out with reference to CBD-2, when we were talking about an FAR in those days of what - 8 wasn't it? In -the original recommendation, the editorial was for it. Now here across the street, right directly across the street, and we are talking about an FAR of 3, which is not an FAR if 8 and of course they are against it. Now, whether they are against it or for it or whether they are right or the editorial writer is senile or not is really not germane as is the point ati to what taxes are going to be paid and how many people we are going to employ. Mr. Carollo: Does that mean you agree with me or not Maurice? Mayor Ferre: I think the point of all this is that we have got to face the issue that it is unrealistic for us to have a 10 FAR, which is what we have across the street and for something like this to continue the way it is, so I would recommend .62 ,JAN 2 b ►un2 whatever happens to � t'iat we go back and really lr at the whole Biscayne Blvd. area up to 36th Street which is a natural boundary i the very same way that we looked at the south from the river down to 26th Road. The distance, I submit to you, if you look at the central business district which ends somewhat south of the Miami tower as I recall, that the distance between the end of the CB - central business district as it is defined now and 36th Street is the same distance that you have from the river to 26th Road, more or less. Now, I think in the very same way that we have tired to come up with several districts and in my opinion, with all due respects, even though I think we did a good job, we could have done a bet- ter job, because I think it should have been an even more stepped down area. We didn't do that. We took a whole sweep right down to 15th Road and then from 15th we took a whole sweep down to 26th. In my opinion, it ought to be more than 2 drovs. Now perhaps in this particular area we can approach it that way and we can look at the residential needs - I disagree with you Dick about the R-5 nature - in the same way that we give bonuses in Brickell Avenue for residential and top of commercial and so on; we really have to look at this area in a very similar type of a way. Now that doesn't answer our problem today. It is my opinion that when it is done and over with, and I would make a motion as soon as this matter is over that.the administration be instructed to immediately begin that process. I think that logic would tell you that if you have a CBD-2 - is that what it is called - across the street and it goes with bonuses up to a 10.... Mr. Carollo: 10' Maurice. Mayor Ferre: And it starts at what a 6 or a 7? 6 and it goes to 10, that I think and it is not too illogical to conclude that you would probably start with a 3 and end up with a 4 or a 5 or a 6 in the immediate vicinity and maybe go that way for 10 or 15 blocks and then you would step down I would hope in another step that would be similar to what we did on Brickell Avenue beyond 15th Road. Now, if that were in place today and looking at this volumetric ally, in other word, this property as it relates to the Omni building which is not in the proper location, but is in scale, I don't think that this particular building is to me, is as malignant or as abominable as is being portrayed. I really think that you are, that this part of Miami has arrived on this kind of a scale and I think for us to just, because somebody writes a nasty insulting editorial, I just think it is unrealistic for us to approach it that way. On the other hand I think what Dr. Massey has been saying about this specific rules and regulations, unfortunately I think there is a certain amount of truth to that. In other words we get caught up in this eternal struggle that we have and we have seen it happen time and time again of the chicken and egg situation. The question before me is this. I think what he is proposing here with our new rules when they come out in 6 months or whenever, that this project is going to be totally within scope with that. I have absolutely no doubt that it is going to be within the scope of that, because I think it is reasonable to expect an FAR of 3 or 4 in that particular piece of property and in that general area and I thinl,that the setbacks are going to fall within the reasonable scale that we have done on the other part town, which is the north part of Brickell Avenue. Now, the problem is, are we going to impose on the developer the waiting period which I think is always the way these things go until we get something like this into place, or are we going to, in turn, permit him to proceed with this, knowing full well that this is going to fall within the scope of what is going to be permitted in that , general area anyway. Now you know darn well that Biscayne Federal Plaza was just sold by Al Pallot to a group of pretty heavy developers, and you know that it is just a matter of months before then come before us with a plan. Now you mean to tell me that you think they are not ..... for the price that they paid for that property, that they are going to come in here and ask for anything less than a 3 or a 4 FAR? Come on! That problem is before us right now. Here it is and in a month you will have 2 or 3 other people requesting it. You know that further up the road you have got Norman Braman, who has collected all kinds of property. You don't think Norman Braman is going to sit on this property and expect to get a 1 or a 2 FAR? You know that there is a group of Columbians that have come in here and have put together probably one of the largest tract of properties, almost as big as what Ted Hollo did 10, 15 years ago. It may have been a a different price, but it was a different time, but they have been putting all that property to- gether. You know just as well as I do that they have architects drawing right now. You don't think they are going to come up with a I or a 2 FAR. You know they are going to come with a 3 or a 4 when that comes. We may as well face the ISSUC, and that is that this is a part of downtown Miami and that obviously it is not suing to have an FAR of 30, but neither is it going to have an FAR of 1 or 2. Mr. Carollo: I think that the bottom line now Mr. Mayor and members of the Com- mission is that it just doesn't make sense that half a block down you have an FAR of 10 and right next to it, FAR of 2. It just doesn't make sense. We don't even have any type of extraordinary border that would divide Mr. Hollo's project, which is an FAR of 2, from the other side which is an FAR of 10�, and that to me is what is completely illogical. I think that we have to come back, Mr. Mayor, with a plan that is going to be realistic for that area and there is going to have to be compromise from both sides, including compromise from Mr. Hollo. He is going to have to give in some areas, but at the same time, I don't think th,.r ever tl� r -63 BAN ,��� Mayor Ferre: Let 4 tell you what the problem is wiTh this, and then Jim, I will recognize you for an answer. For us to start now the process of rezoning this whole area - the department I am sure has got to take 3 or 4 months to study this. Mr. Reid: You are talking on the record Mr. Mayor, probably 3 months minimum. It requires meeting with the property owners; going up to 36 Street; it is very complicated; relating it to transportaiton capacity. Mayor Ferre: Then after that you have got to take it to the board, right, for the recommendation and you have to advertise and what have you. At best, am I wrong in saying that it will be 6 months before we will really be hearing it? Is that reasonable? Mr. Reid: I think 6 months is reasonable, Mr. Mayor in terms of its coming back to this Commission with a thorough planning study. Mayor Ferre: Now Mr. Hollo, I have a question for you. Are you financed and ready to go, or can you wait'6 months? Mr. Hollo: My financing was as such: Each time Mrs. Massey came up here with a technicality for the last 3 or 4 months... Mayor Ferre: I am not asking you that, Mr. Hollo. Mr. Hollo: It is germane to it. I have put up an extra point on the financing. They told me that the last extension they give me is January 31st and after that I have to seek elsewhere. That is where I am on this. Mayor Ferre: Your answer now, as I understand it, because Mrs. Massey has got nothing to do with it, even though she may have affected you, I understand. But that has got nothing to do with it. Mr. Hollo: That is correct. Mayor Ferre: The question is, if this Commission were to approve your project today, are you telling us that you are financed and that you would proceed with the working drawings and the construction of this project? Mr. Hollo: Immediately. Mayor Ferre: When would you be breaking ground? Mr. Hollo: Probably by April lst. Mayor Ferre: Of this year? Mr. Hollo: Yes. Mayor Ferre: And when would this building be finished? Mr. Hollo: It is a 22 months schedule, Mr. Mayor. Mayor Ferre: And you have the hotel company now to manage? Mr. Hollo: Oh yes. Mayor Ferre: Has that been announced? Mr. Rollo:' Yes, about a year ago, Mr. Mayor. Mayor Ferre: Who is going to run this now? Mr. Hollo: Inns of America. Mr. Fred. Jack Fred. Mayor Ferre: Now, what you are saying is is that everything is in place. You would break ground in April. Your financing is all set. Mr. liollo: Yes, your Honor. Mayor Ferre: And if we go to the normal process, which the city goes through in these types of projects, it would be .... and if this came back to us in July, since we have an August summer break, you think this project and financing of it would be dead. 64 JAN 2 6 '� "Z Mr. Hollo: Oh this will be a totally different projeLL because Mr.Fred advises that his franchise is expiring as well on January 31st and he has to show tangible facts that he is going ahead with the project, so this project is dead after this. Mayor Ferre: Mr. Hollo, I. don't know what the will of. this Commission is going to be, but should this thing progress to a,point where there is a positive vote, I think it is important that you have into the record a copy of a letter from your finance source to that effect and a copy of the franchisee, even though I realize that it is not germane to the issues that you are talking about here, but I think it is important that we document that. Okay now Mr. Reid. Mr. Reid: Two comments as a matter of general principle that I think would guide any upzoning that we would do between 17th Terrace and 36th Street as it relates to bayfront property, and I think that one thing would be of some breathing space on the side setback to the property; as you know one of the problems we have had with the variances is the way,and the fact that this is being built to the edge of the lot. ,The 2nd is that all properties along the bay we feel in the future in this area will be primarily residential ought to be sited so that, and configured so that they don't completely block the bay. Now this project was seated, was sit- uated right on Biscayne Bay, which it has in effect the impact of it being there because we have a public park there, it would come under the charter amendment view corridor of restrictions. Our problem, along with scale is in effect, not al- lowing breathing space on this site and not allowing a future view corridor for whatever gets built in back of this project, so I think those are important considerations in the short or long term. Mr. Carollo: This is what I was talking about in finding a solution whereas we would give in some more, but Mr. Hollo would also give in some more. Mayor Ferre: Alright, further questions from members of the Commission? Any other statments? Mr. Carollo: Mr. Mayor, before I can contemplate making a motion or voting with a motion, can I ask Mrs. Massey a question for the record? The Miami Herald is not contemplating at all any time in the future going into partnership with Trinity Church, are they? "ts. Massey: I have no knowledge of what the Miami Herald does. You may know, sir. Mr. Carollo: I just want to make double sure of that. Ms. Massey: And the church has never had a variance ordinance, unlike the Herald. Mr. Carollo: I just want to make double sure of that, because as you know, we have had problems in the past where they have written articles similar to one this morning and then we finally saw the truth come out later on in the future. Thank you. Mayor Ferre: Alright, any further ... yes sir. Mr. Carollo: I am ready to make a motion. Mr. Mayor, I will make a motion for denial. I know that Mr. Hollo has put a lot into this, but I just don't see any other way that this Commission can go at this point in time until we relook that whole area. That is a motion for denial. Mayor Ferre: There is a motion for denial. Is there a second? Is there a second? Where did Plummer go? We must have a full Commission here before we vote. Mr. Plummer a motion has been made by Commissioner Carollo to deny this project. They Chair has asked for a second two times and it is not gotten a second. Mr. Whipple: Is that a denial of the application, or denial of the appeal? Mayor Ferre: It is a denial of the application, as I understand. Mr. Whipple: Okay. Mayor Ferre: Is that correct? Mr. Plummer: I think legally it would have to be to overturn the decision of the Zoning Board. Mr. Carollo: That is correct. M;iyc�r Ferre: Is that the sense of your motion? Mr. Cal-0110: That is correct, Mr. Mayor. -65 d JAN 281982 Mayor Ferre: This is a motion to overturn the Zoning Board's approval of this project. Is there a second to that motion? Having heard no second to the motion, it dies for lack of a second. Alright, the Chair is open for fur- ther discussion, or motions. Since there was no second for the overturning of the Zoning Board, I assume that the Commission has different feelings. Would somebody articulate those feelings? Mr. Plummer: I made comment to you before and I guess I still disagree with the City Attorney, but it would be my understanding, according to procedure that no action by this Commission, in effect is not...time would run its course and the appeal would be denied under the time of no action by this Commission, if I am not mistaken. Mayor Ferre: Let's get the legal reading on this. Mr. City Attorney, the ques- tion specifically is, there has been a position taken under our regulations and our ordinances by the Zoning Board and its vote, 6 to 0 unanimously in favor of this project. Now, the Trinity Episcopal Church has appealed that decision to this Board. The question is, does this Board have to vote, "yes" or "no"? And if it doeo not vote, then what happens to Trinity's appeal? Mr. Percy: Commissioner Plummer's comments were correct in that if the Commission does not vote this matter up or down today and no action is taken, within a 90 day period it is deemed denied - the appeal that is and the Zoning Board's deci- sion would stand on expiration of that 190 day period. Mayor Ferre: You mean Trinity's appeal would be denied and the Zoning.... Mr. Percy: If there is no affirmative action on it within a 90 day period. Mayor Ferre: This is the question that I asked you a little while ago when I walked back there and you said that we had to vote on this. Mr. Percy: The Commission has to dispose of th matter before it, and if you fail to do so, you have rule - your rules provide that it is going to be deemed denial within 90 days. Mayor Ferre: That was the question. Mr. Percy: Okay, the front end of the question is, the matter should be disposed of. If it is not, then it will be denied within 90 days automatically. Mayor Ferre: Okay. Alright - further questions? Is there a motion Are their any motions before this Commission on Item 17? Mr. Perez: Mr. Mayor, let me ask the City Attorney if it is legal to send back the whole procedure for this application to the Zoning Department again? Mayor Ferre: The question is, is it legal to send it back to the Zoning Board'. The Zoning Board voted unanimously for approval, so why would you send it back for? Mr. Perez: In order that they try to make a new compromise and they try to meet with the people of the church and they try to make compromises to the depart- ment. Mr. Percy: There is no procedure in our Zoning code for a remand or return of this type of variance to the Zoning Board. But for the appeal, this matter be- fore the Zoning Board would be final upon its granting of that variance and a building permit could be issued. Mayor Ferre: Well, I for myself, and I think that I have expressed my position and if not, I will make it abundantly clear. It is my opinion that this area, the whale area needs rezoning. It is also my opinion that when we rezone the siren, which I think we will do within the year, that the density of this whole area will be substantially increased similar to what we have recently done in Brickell Avenue. It is totally my opinion that in the immediate adjacent area next to an area that is now zoned for FAR of 10.5, that this particular project is designed and is before us is within the realms of reasonable and when it comes before us as a regular zoning matter to vote, I would be voting generally to permit this type of structure and this type of density, and this type of setback in that particular general area. Therefore since is is a matter of chicken and egg situation all over again, I personally have no objections to voting, for the eleven variances requested here, because I think that within 6 months it will be before us in general terms. Now, I know that this is not a popular view in the editorial departmera of the Miami Herald and that is too bad. b JA N 2 8 i 5 8 2 7 4 Mayor Ferre: (con't) I have been voting this way for 11 years and make no apologies for it. I think one of the reasons why Miami has grown and why we have gotten the type of growth and densities which I am not afraid or ashamed of and I don't have any problems with Miami looking like Houston. I don't have any problem with Miami looking like Peach Street in Atlanta. I have not problems with Miami looking like Dallas, or the downtown area. I have said it. I have been criticized for it by editorial writers of the Herald, and that is too bad. That is their opinion. My different. I run for office every two years and they have tried unsuccessfully to get somebody in here who might have a different opinion, and that is their prerogative. I happened to have won, and I happened to be voting here and my position is that; now this is one man's voice. There are 5 members here. Mr. 6awkins: Mr Mayor, in order to not feel that I am voting in favor of the 11 variances, I vote to uphold the Planning Department's recommendation and to deny. (INAUDIBLE dOMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mr. Dawkins: To overturn the ... Mayor Ferre: That is what Carollo said. Mr. Dawkins: Yes, that is right. Mayor Ferre: Mr. Carollo, then you make your motion again. Mr. Carollo: Mr. Mayor, my motion was made clear. There is a second for it now? Mayor Ferre: Alright, Mr. Carollo makes a motion and all of a sudden we have a second. Miller Dawkins seconds it. Alright now, we have a motion and a second. Is there further discussion on the motion as made? Mr. Carollo: Yes, Mr. Mayor, I want to make it as clear as I possibly can that for the reasons that have been stated here, this why I made this motion. I don't think Mr. Mayor, that under the circumstances that we have precedented before us, the demagoguery that is being presented by certain media in town and without changing that zoning,in the adjacent area half a block away from the Omni, I don't think that we are ready to vote upon this project now. I too, Mr. Mayor feel that Miami has to grow. Miami is really going to become a major city in the true meaning. We can't be afraid of progress. We can't be afraid of growth. I think that Miami needs and should welcome as many projects as you see here before us, as we possibly can. Yes, we have to have some guidelines. We have also have to be flexible to some extent, but Miami needs this kind of progress. Miami has to grow all the way up to 81st Street in our borders. And the only way that Miami is going to go grow that we are going to have more police officers, that we are going to have better city service, better garbage collection is going to be by expanding our tax base, and this is the only way that we can expand our tax base, going up. We already ran out of land. Mayor Ferre: Okay, we have a motion and a second. Is there further discussion. Alright, call the roll. •- V7 ; , n iAN 16 A ON ROLL CALL: Mr. Plummer: Many years ago I heard all of these same arguments that were pre- sented today about a project across the street. I think that all of us today realize that the project across the street is probably one of the finest things that ever happened to this community. If we hadn't have granted the variances at that time, we probably wouldn't be faced with the issue here today, because nobody would want to build in the area. I feel that this area has got to be one of the show cases of this community. If we look at what Omni has done for this community and the variances that we granted on Omni, A hotel is running 101% capacity. Shopping - an attraction to this area. I can't envision that if we did not have a little looking -to -the -future kind of vision with Omni and we had taken the stand and said "no", this area would have not in any way, shape devel- oped the way it is today. Directly across the street and there is no question in my mind and I want to say for the record I will help to encourage the development of this area,'further to the north, because I believe that this area,to the north, the central downtown and Brickell to the south is what is going to be the eventual return of this community to that which we want to see. Yes, we have to have growth. We have to have rules and we have to have regulations. But here we see only by the dividing of a street we go from an FAR of 10 down to an FAR of 2. It doesn't make any sense. It has got to change. I don't think that this community would want to lose a valuable project such as this when we all know that within the 6 to 12 month time frame, that this whole complex of an area will be changing, and I would hate to say that I lost this project to this community be- cause we wanted to wait another 6 to 12 months to do what we are doing today. I have to vote a ag inst the motion. I vote against the motion. (INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD - OFF MICROPHONE) Mayor Ferre: If you vote "no", you vote for the project. If you vote "yes" you vote against the project. Mr. Plummer: Demetrio, my good friend, it is exactly the way that Metropolitan Daee County came into existence. If you wanted Metro Dade County, you voted "no", if you didn't you voted "yes" and that is the way this one is proffered before us today. Mayor Ferre: Let me paraphrase that to make sure we all understand. If you are for the porject that Mr. Hollo is presenting, you vote "no". If you are against the project, you vote "yes". Mr. Perez: As the Mayor mentioned, I think that we cannot lose this project for our City of Miami. I would like to have Miami as Houston, as a great city anyhow. But I think that this is an opportunity also to try to negotiate. I think that we have to pay attention to several social problems that we have in this community. We have a motion here, but I would like to have a compromise. I would like to pro- pose here something for the benefit of this community. We have to get something in exchange for the 11 variances. The developer I think that would offer the city a fountain in the park, I think that is ridiculous to want to mention. In this issue the zoning rules limit the capacity to 292 rooms, but the developer wants 553 rooms, for a difference of 261 rooms in the benefit of the developer. I be- lieve that a fountain in a park is not enough compensation if the variances are granted by the Commission. 260 rooms at a price of only $60,000 would represent a benefit for the developer of about $1,500,000 in building assets. The revenue that I see will be at least $20,000 per day and I would like, I don't know if in the original motion if the Vice -Mayor Commissioner Carollo would be able to make any compromise, but I would like to place a condition, and I don't know if the developer would be able, that they be able to provide a child care facility at any site within the city limits licensed for no less than 60 children and to be operated by the City of Miami in order to provide child care service for Guate- malan or low income and that is the proposition that I want to bring today that if the developer in exchange for this 11 variances would be able to build a child care facility in any place within the limits of the City of Miami for such a child care facility in exchange for the 11 variances to take care of no less than 60 children and to be ready before the beginning of the construction. I think that would help the problem of child care in our City of Miami. I am re- ceiving a lot of requests in my office and I am sure that the church has been a strong, part of this community, they have a strong concern about the well-being of our children and that compromise that I want to introduce to the original mot iuii. ' Mayor Perri,: Alright, we have a little bit of a problem here, and Terry you are to hL.11, us through this, because we are now in the process of voting, but wl' have to be a little bit tolerant because Commissioner Perez is new on the Commission and he may not know all of the procedures - that we can't really amend `' -68 JAN 2 81 62 "' V 4 Mayor Ferre: (con't) a motion in the middle of i vote, but I think if we take into account that perhaps we can bend a little bit here. I don't know how... Mr. Perez: Personally, I would like to have the opinion of the developer be- cause maybe he is not interested. Mayor Ferre: Well the problem is that we are in the middle of a vote, you see, and legally you cannot amend a motion once the vote is... Mr. Perez: Okay, do you want that I abstain from voting, since we have a majority? Mayor Ferre: You cannot abstain. Let's see if we can get a legal way to get out of this now. The only way we can legally get out of it in the middle of a vote is what? Mr. Plummer: To withdraw the.. Mr. Percy: Well, the question before the Commission is at this point is to over- turn the decision of the Zoning Board and the vote is commenced. And it Com- missioner Perez' turn. Mayor Ferre: You and I know technically that once a vote begins, there is no legal way that you can stop the vote. So we have to figure out a legal way in which you can do this. There has got to be a legal way in which in the middle of a vote you can.... Mr. Plummer: Mr. Mayor, let me try to help you. I have already voted, so let me try to help both of you. You know, because it is all for naught if Mr. Hollo indicates that he is not willing to provide a day care center at his total cost for 60 kids I guess infinitum. And if he is not willing to do that, then why go into.... Mayor Ferre: I'll paly it by Trinity...that is the height of irony. I mean that is adding insult to injury. Mr. Hollo: Is it my understanding, Commissioner Perez, that the city _ will provide the land and I will put on a center of that somewhere in the city limit? Air. Perez: Yes, that is right. That you provide the transfer the land. Under- stand it doesn't have to be a new place, or you can buy any place, but it has to be a licensed place ready to deliver to the City of Miami to take care of 60 children. Mr. Hollo: Commissioner Perez, such thing can be done. The only thing is, you know, that we have to start construction probably by April, if only I can, you know, find the land by then. Mr. Perez: But I think that for April you have more than 60 days and I think that for a big developer in this community it is easy to get property here. You only need I think about 35 sq. ft. per child and I think you can get that in two weeks. Air. Hollo: Of course not. The only problem is, we have to find the land. And we have to build it. There is a building; we have to draw plans. Mr. Perez: I don't think that you have to build the day care center. Maybe you can use any property that you have. Mayor Ferre: He is not telling you where to build it. Mr. Perez: You don't have to build the day care center. Mayor Ferre: He is not saying to build it here. Mr. Perez: It doesn't have to be in that area. It could be in any area. Maybe in a low income area would be better. Mayor Ferre: He is talking about the Terrance 'Shiel Hollow Daycare Center. Mr. Hollo: Can it possibly be in a residential area? Mr. Perez: No, it has to be in accordance with the zoning regulations. M,,y(ir Ferre: Whose house are you thinking of? -69 Mr. Hollo: Will you grant a variance in that case? I have a few people I can think of. Mayor Ferre: (laughter) This is serious' The Commissioner is asking you whether or not you are willing to fund ... Mr. Hollo: I am willing to .... would it be okay, Commissioner Perez, if that prior to the giving a certificate of occupancy, I would provide it..prior to receiving a certificate of occupancy. Yes, I would do it. Mayor Ferre: 1 think that is what he was saying. Mr. Plummer: I want to make sure of something. Mr. Hollo, sir you are a very smart man and you are a very fine business man, but sir, you don't know how the city operates. Sometimes I wonder if I do and I have been here'll years. Mr. Hollo, do you realize that you are making a commitment sir, from the initial of near $1,d00,000 and $500,000 every year afterwards. Do you realize that? Mr. Hollo: No, no, no. That wasn't the point. Commissioner Perez said that the city would be operating it. That is what his statement was, if you read it back. That was Commissioner Perez' statement. Mr. Perez: That is right. Mr. Hollo: We provide it. Mr. Perez: What I propose is that..let me tell you my complete Proposal....that you furnish a property already licensed for no less than 60 children in any place within the limits of the City of Miami and that you take care of the first Year of the budget operation... Mayor Ferre: No, you didn't sat' that before. Mr. Hollo: No, you didn't say that before. Mr. Perez: I even mentioned but .... okay, forget about that part. Okay, that you deliver to city administration property ready with a license for 60 children within the limits of the City of Miami - that is the proposition. You would be able to do this? Mr. iiollo: Prior to the certificate of occupancy, I would be able to de it. Mr. Perez: Well anyhow, I think that if we can get the money or maybe we have several non-profit organizations in this community able to run the program, I think that it not easy to get that kind of service at this time. Mr. Hollo: As a matter of fact, Commissioner Perez, I...with Mr. Thompson, we were just discussing it and Joyce from the department - we have the perfect house for it, which actually we could provide more than 60 children. The house is large enough, in excess of 60 children and that is the house we intend to pre- serve for posterity, for the future and we have the house that we have seen on the screen that we will be providing for it. Mr. Perez: I think that if the child care is not the right answer we can pro- ceed with flexibility with the coordination of the administration. If you remem- ber, yesterday we had the visit here of 60 senior citizens here in the City Com- mission requesting funds for the next year. Maybe the administration would be flexible for a similar program at the same cost. Mr. Hollo: Is that what you call impact fee? Mayor Ferre: That is what it is. That is what an impact fee is. Mr. Hollo: Yes, Commissioner Perez. Mayor Ferre: It is sort of an impact fee. Mr. Carollo: How many dollars are we talking about here, because if what we are talking about is the site for the nursery, I mean we got how many fire sta- tions that are going to be empty, or are empty already. And frankly.... NR 0 # Mayor Ferre: Ted, so we don't end up here ... you know this is irregular to be kind of generous - this is an irregular procedure. I think, nevertheless that — even though the way it was done is technically wrong, I think his intentions — are good and I understand what he is trying to do, but I ... let me finish ... I don't think that we, we have to be careful now, not to fool anybody as to what we are saying. What he is asking is that a daycare center with 60 children be established. Now, seriously, I think you cannot, in my opinion, comply with his request and really kill two birds with one stone. Now, I think the utiliz- ing of that historic house as a site is fine, but you are going to move that house anvwav as part as this approval. The real question is, the operation of that, and I think that since, if we were to establish a day care center in that historic house, there is room for 60 children there and the expense that you are going to do there anyway. Plummer I think mentioned, and he wasn't really being facetious that it would cost you $1,500,000 to build such a facility. I think that is a little bit high, but it would cost some money and it would be costing us 2 or 3 thousand dollars per child to keep these things, to operate it right now. So, you are talking about not a half a million, but you are talking about a couple hundred thousand dollars a year. Now, I think that in fairness so that we are not ambiguous and that we don't end up getting ourselves caught in a situation, you had better be very explicit as to exactly how you are going to operate and how you are going to pay for a day care center and put some dollar peramaters around it. Mr. Perez: Mr. Mayor, let me point out something. I think that I not talking about an operation of a day care center if you think that the City of Miami cannot afford the operation of the day care center, we can transfer to the child development service for Dade County with a provision that only be designed to serve the families of Miami and they can get Title Twenty funds and they can get Title Five. (INAi:DIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Perez: We can keep the property and Dade County can operate the program with federal or state funds. Mr. Percy: I think it would be appropriate at this time if the vote would con- tinue and be taken, because anything Mr. Hollo wants to proffer after the vote, I think that would be the appropriate way to do it, and... Mayor Ferre: He needs to know before he votes... Mr. Percy: I think that we have trouble with that, Mr. Mayor. I would like to... Mayor Ferre: Right. I understand. Okay. Let me, so that we stay within the law on this, you were on the border of being illegal here I think, so I think the way to do this is for us to conclude. Now let me tell you the technical way. since I have a feeling that since you vote positive, you will be one out of three that will vote that way on this Commission. Now, if Mr. Hollo does not do what you want after, you can always, since you were on the prevailing side, make a motion to rescind your previous motion, so there is a legal way of doing this, so I think the thing to do is you had better get on with the vote and then we will get on to the discussion later. Mr. Perez: Okay and the only procedure is to rescind my vote. I vote yes. Mr. Ongie: You vote yes? Now the motion that is on the floor is to overturn the Zoning Board and deny the variances. Mr. Perez:- That is right, and I am going to rescind the vote. Mayor Ferre: No, no, no, no. Wait a minute. Remember, if you vote "yes", you are voting "no" on the project. If you want to vote "yes" for the project, then you vote "no" on this motion. Mr. Perez: I know, but with the technical, with the legal advice that we have received, I am going to rescind the vote after this.. Mr. Plummer: He has not voted, Maurice. Mr. Perez: Anyhow, let me ask the City Attorney. If I vote now, and after can I rescind the vote and offer my compromises? _ 71 JAN 2 8 i9�s2 Mr. Percy: You can make a motion to reconsider, b 'that would have to accepted and voted upon ane*ssed. ! Mr'. Perez: Okay, I express my point of view now. I vote "yes". Mayor Ferre: Okay, and I vote "yes„ Now, I will now accept a motion for re- consideration. Make your motion. * Mr. Perez: Yes, I make again the same motion. I would like.. Mayor Ferre: No, no. Technically, you have to now make a motion that the previous motion be reconsidered, and that brings us back to zero. Mr. Perez: Okay, I want to reconsider'my vote and I want to offer a new motion. My motion is to grant the 11 variances if the developer will be able to... Mr. Ongie: You have to first reconsider the motion before you can do anything. You have to reconsider the other motion which failed. Mayor Ferre: You have to make a motion now for reconsideration of the previous vote. Mr. Perez: Okay, the first motion is for reconsideration of the previous vote. Mayor Ferre: Alright, now is there... Mr. Dawkins: We are getting into an area that we really and truly do not need to get into. The first thing that we are doing is giving Mrs. Massey ammunition to go to court with contract Mayor Ferre: contract negotiation. Mr. Dawkins: zoning, etc. etc. Let us keep this within the framework of what the city.... Mayor Ferre: I am trying to do that. There is a motion now for reconsideration. Is there a second so that we can now get to ground zero again. Mr. Dawkins: I second it. Mayor Ferre: Alright now. Call the roll on the reconsideration. Mr. Ongie: Motion to reconsider. * EXPLANATION FOR THE RECORD: Commissioner Carollo's motion to overturn the action of the Zoning Board which would have denied the varia-ces and stopped the project passed at this point: AYES: Mr. Dawkins, Mr. Carollo, Mr. Perez, Mayor Ferre NOES: Mr. Plummer The reconsideration of this action is reflected in the subsequent conversation. ROLL CALL ON THE MOTION TO RECONSIDER THE PRECEDING ACTION: AYES: Mayor Ferre, Commissioner Dawkins, Commissioner Perez NOES: Vice Mayor Caroolo and Commissioner Plummer Mayor Ferre: Okay, now under discussion, ask Mr. Hollo your question. Mr. Perez: Okay, my question again is as I mentioned, I think that what you offered in exchange for the 11 variances would be a fountain for the park. Okay, but the zoning rules limit the capacity of the hotel for 292 rooms, but I think that what you are looking for is 553 rooms. We have a difference of 261 rooms for your own benefit. d -72 JAN 2 81982 Mayor Ferre: Terry, explain to him because he is not a lawyer and he doesn't understand it. He is a new commissioner and he doesn't understand it. Mr. Percy: What you are requested Commissioner, is tanamount to an exaction or requirement in exchange for this consideration and the courts frown on that type of a trade off. So, anything that the developer voluntarily covenants or or proffers is the only thing that the Commission could accept. You could not require or impose an obligation upon him. Mr. Perez: In this way you think that it is illegal, the motion? Mr. Percy: Yes sir. Mr. Perez: Okay Mr. Hollo: May I make a statement? Mayor Ferre: Mr. Hollo, I will recognize you in a moment. Mr. Hollo, there has been an awful lot of discussion here about historical sites and about all these different things. Why don't you restate for us exactly where you are. What is it you would like to do on this project. Mr. Hollo: Honorable Mayor and Commissioners. I would like to make a proposal for your purview and consideration. I would like to construct somewhere within the city limits of Miami a child care facility, a licensed child care facility for 60 children and donate the same to the City of Miami for their usage in con- sideration of you granting me the project as it has been described in front of you. Mayor Ferre: Mr. Hollo, do you want to clarify the question in regards to the historical site that we have? Mr. Hollo: Yes. We have agreed that the house will become moved and will be part of the Dade Heritage Historic Societv. Mayor Ferre: At your expense? Mr. Hollo: Yes. Mayor Ferre: Anything else you want to tell us? Mr. Perez: That project will be ready before you will start the construction of this project? Mr. Hollo: No, what I would proffer to you , it will be ready prior to the issu- ance of the certificate of occupancy on this project by the city. Mr. Plummer: Mr. City Attorney,..okay, I think I have been around too long. You have heard the proffer of Mr. Hollo. In your estimation, is this proffering legal? And if such, can it be enforced under our present ordinances? Mr. Carollo: Take your time now, Percy. Mr. Percy: The only way that it could be enforced would be if it was proffered in the form of a covenant and binds the land. Otherwise, it would be a consider- ation which is not permissable in terms of a contract. Contract zoning is out- lawed in Florida, so the only way that that proffer can be enforced by this city or the populance would be that it be in the form of a covenant filed of the re- cords and runs with the land. Mr. Plummer: Well, I find myself in a tremendous dilemma, because of my vote predicated prior to the statements of my colleague Demetrio. I voted for the project, alright? So let's establish where I am coming from. So I think what Demetrio is trying to do is a very worth while thing for this community. But I think we are getting out of the realm of where we really are. Either this project is a good project for this community, or it is not, and I just believe it is a good project. If Mr. Hollo wants to do something for this community, God bless him. He has done it before, and he will do it again, but I just have a problem with it being associated with an application before us; I really do. Id ..73 JA N 2 ii8 I It �N AV Mr. Dawkins: Mr. Mayor, may I offer a substitute motion? Mayor Ferre: Yes sir, you may. Mr. Plummer: There is no motion on the floor. Mr. Dawkins: Okay, I will do it. It died for lack of a second? Mr. Hollo: No, no, there has been..... Mayor Ferre: This is just all discussion. Mr. Dawkins: J. L., in some kind of way, help me here. I would like to move that Mr. Hollo build his building and let's move on to the next order of business. The motion is that we allow him to -build a building. Mayor Ferre: In other words, the legal wording... Mr. Percy: To uphold the Zoning Board's decision. Mr. Dawkins: I move to uphold the Zoning Board's decision. Mayor Ferre: The Zoning Board's decision? Mr. Dawkins: Right. Mayor Ferre: There is a motion that the Zoning Board's decision be upheld. Is there a second? Is there a second? Mr. Plummer: Motion is that the Zoning Board's decision be upheld. There is no need for such a motion. Mayor Ferre: He wants to move that. Mr. Plummer: He is entitled to it. I say that there is no need for such a mo- tion. Mr. Dawkins: 1 withdraw the motion. Mayor Ferre: There is no motion before the floor. Now let me tell you where we are at, okay. Now listen Mr. Percy. Now, there was a motion made and because of the question of legality, it was rescinded. We now have no motion. If this Commission takes no action on this issue, in 90 days the Zoning Board's vote is the vote that takes precedence and it is done. Is that correct? We do not have to make the motion? Mr. Percy: Okay, the appellate has some options. They can take us to Circuit Court and.. Mayor Ferre: They are going to do that anyway. Mr. Percy: Well, they can also take one of two routes. They can get a mandamus to compel the Commission to dispose of this matter one war or the other, or they could have this regarded as a review and a failure to take an action - regard it as an upholding of the Zoning Board's determination. The Circuit Court could very well review it and give it a full blown review in that regard. Mayor Ferre: Plummer, I will tell you. I think the :leans>r way of doing this if it is your intent that you are approving this, since} in effect, by what you said, you really you know, made the statement. 1 think the :leaner way to do it is what Miller is trying to do. I think he is doiiig it... Mr. Plummer: Mr. Mayor, look. You knew, unfortunately - how do 1 say it without giving Dr. Massey ammunition - the way, the manner in which this has come about, 1 am not proud of. I want to tell you. Now 1 am faced with the position of a vote which says that if I vote for the project as I did before. I was a fool not to get a million dollars for a day care center. Yet. I have a problem with forcing the project to be a good or a bad Project based o» a day care center and that is the dilemma I am in. Mayor Ferre: But the point is that you yourself said when Demetrio, and as you also said in all good will,was out negotiating a contract on this, that this is illegal; we can't do this. Now, the question is this. Do you want this project -4 JAN 2 1J:;� Mayor Ferre: (con'tt under the basis that has beengresented of standards of granting a variance, yes or no? And if the answer is no, and if you think that they haven't complied and you don't think that there is room for granting a variance for any reason, then you vote against the project. If you think that this project has met the requisitions for granting the variance, you vote for the project and then we move along. It is that simple. Now I think it really is time to bite the bullet, you know? And I think you were totally correct in that we shouldn't get involved in the quagmire of contract negotiations in the middle of it; it is illegal, we can't do that. So either vote yes for the project or no for the project and let's get on with it and let Dr. Massey get on with her lawsuit and Watson to defend the lawsuit and we will take it for there, you Know, ana we also have to"get on with rezoning this whole area, and I have to go home at 6:30 Alright now, I will tell you what, just to get this thing moving, do you still want to make your motion? Are you still making your motion? Alright, I will second the motion. That puts it to a vote. Mr. Carollo: Motion has been made and there is a second. Any further discussion? If not, then let us have roll call. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 82-68 A MOTION UPHOLDING THE DECISION MADE BY THE ZONING BOARD WHICH GRANTED VARIANCES BY A VOTE OF 6 TO 0 TO PERMIT CON- STRUCTION OF A 553 ROOM HOTEL/PARKING GARAGE STRUCTURE AT APPROXIMATELY 1744-56 NORTH BAYSHORE DRIVE. Upon being seconded by Mayor Ferre, the motion was passed and adopted by the following vote: AYES: Commissioner Miller i. Dawkins Commissioner T. L. Plummer, Jr. ?Iayor Maurice A. Ferre NOES: Commissioner Demetrio Perez Jr. Vice-Mavor Joe Carollo ABSENT: None ON ROLL CALL: Mr. Carollo: Being the last to vote, I would just like to say first of all that I appreciate what one of my colleagues, Commissioner Perez was trying to do I think his intentions were quite honorable. He was trying to get some- thing positive that is needed by the city. However, under the present circum- stances that we have, like I stated before, I find it extremely difficult to be able to vote for this project. I think that the way that we should have gone was to wait until this whole area can be rezoned again and then reconsider the whole project. I have to vote no. 16. INSTRUCT PLANNING DEPARTME"T TO IIIIIEDIATELY BEGIN STUDY OF REZONIi7G OF BISCAYI;E BOULEVARD AREA FP.OY. 36TH STREET SOUTH TO OMNI, ETC, Mayor Ferre: Alright, while you have the Chair, I would like to be recognized to make a motion. I would like to move that the department be instructed to as quickly as possible... (INAUDIBLE COMMENTS N01 PLACED INTO THE PUBLIC RECORD - NOT ON MICROPHONE) Mayor Ferre: He voted "no". So I am now making a motion that the administration be instructed to immediately begin the process of studying the rezoning of the Biscayne Boulevard area from 36th Street south to the Omni area and that it approach this task in a similar fashion to the way it approached Brickell Avenue, so that there will be a - and hopefully improved - a stepdown FAR zoning starting at the business center and going down to 36th Street where it will be similar to what it �5 ;JArN 2 81982 Mayor Ferre: (con't) is on 26th Road. Obviously it is a different area and we need to have bonuses for residential and the other things that are germane. I might point out, finally, because I think this is obviously a very important decision for the City of Miami and our future. But there are those who would prefer to have no growth. There are those that are against urban proliferation. There are those who have the contradiction of wanting one -acre estates every- where and rapid transit at the same time. These, in my opinion, are confused people. We live in Miami. Miami is a city. The urban core, in the last 20 years has not grown. If you will look at the growth of Miami and if you look at the tax base, the ad valorem taxes, based on property, you will see that the county, out there in Kendall and out there in Hialeah and out in the boondocks has grown 5 times faster than downtown Miami has grown. Now, you cannot have a healthy community unless you have high density in core area. You'cannot stop people from building little houses way out near the Everglades if you don't provide for -type of growth that is needed in a core area. If we want to com- pete with Boston and Philadelphia and Houston and Denver and Los Angeles and San Francisco, we have got to have the kind of a city that will be able to com- pete, and that means football stadiums and coliseum and convention centers and hotels and the whole fabric that is needed. Now, you are not going to be able to do it unless you allow these types of projects with this type of density in the downtown core area, and there just is no other way about it. Now, for those who say, well we ought to have the corridors to the bay, and we ought to have all.. I agree with all of that. But I think you also have to understand that what de- termines how a city gets built, whether it is New York or San Francisco or Hous- ton, whether we want to admit it or not, is the economy. It is the free enterprise system which determines how cities grow. If the insurance company or the bank or the lender or the investor believes that there is a future in Miami, they will lend the money and they will invest the money to build this project, and if they do not, it won't be built here; it will be built in Denver or in Los Angeles, so therefore I think that we have got to recognize that the future of our community means that there will be hi -rise buildings along the bay in the downtown corri- dor and there is nothing we can do about it. It is going to happen, so I move that this area be restudied with the provisions as outlined. Mr. Carollo: There is a motion before us. Is there a secone? Is there a second? Mr. Plummer: Is there a second to the Mayor's motion? Yes, definitely. Mr. Carollo: There has been a motion and a second. Any further discussion? Hearing none, can we have roll call. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 82-69 A MOTION INSTRUCTING THE CITY MANAGER TO INSTRUCT THE PLAN- NING DEPARTMENT TO IMMEDIATELY BEGIN A STUDY FOR THE REZONING OF THE BISCAYNE BOULEVARD AREA FROM 36TH STREET WOUTH TO THE OMNI, AND THAT THEY APPROACH THIS TASK IN A SIMILAR FASHION AS THEY DID WITH BRICKELL AREA SO THAT, HOPEFULLY, THERE WILL BE STEPPED DOWN F.A.R. ZONING STARTING AT THE BUSINESS CENTER AND GOING DOWN TO 36TH STREET WITH THE INTENT THAT BONUSES WOULD BE GRANTED FOR RESIDENTIAL CONSTRUCTION, ETC. 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. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. - 76 JAN 8 2 1982 f, 91 Mr. Plummer: Mr. Mayor, may I ask since there might be some misunderstanding. Mr. Clerk, would you announce the vote of Mr. Dawkins prior motion. You did not announce the results. Mr. Ongie: The motion to permit the construction of this project? Mr. Plummer: No sir, the motion to uphold the ruling of the Zoning Board Mr. Ongie: Which is to permit it to be built. Mr. Plummer: Let's keep it in its legal - this is going to be a very legal situa- tion. Mr. Ongie: Well, I will write it the way it has to be, that the motion was made by Mr. Dawkins; it was seconded by the Mayor and Mr. Perez and Mr. Carollo voted "n o" . Mr. Plummer: What was the motion? Mr. Ongie: The motion was to uphold the recommendation and the decision of the Zoning Board. Mr. Plummer: Thank you. Mr. Dawkins: I would hope that my colleague Mr. Demetrio Perez will not let this deter him in any way of going about the business of doing what he thinks best for the citizenry of Miami. I only thing I will say to him is that do like I do. Do not be ashamed to say "I don't know what I am doing" and ask somebody on the side, one of your colleagues who has been in longer than you. Mr. Perez: In my first few months here, I will .............. and we have to accept the criteria of the majority, that is a part of the.. 17. DENY APPLICATION FOR OPERATION OF LIQUOR LICENSE: 1947 WEST FLAGLER STREET. Mayor Ferre: Mr. Villalobos, is your matter something that we can do quickly? Mr. Villalobos: You can dispose of this right away, your Honor, Mr. Mayor. The thing is that the proponents of Item 18, I don't think they are here, and this is the second time that they have defaulted, so I would move on Item 18, if they are not here to... Mayor Ferre: You can't move; you can recommend. Mr. Villalobos: Well, I could recommend for dismissal with prejudice since they have No. 1, been postponed twice - they have no legal standing, so therefore if they are not here... Mayor Ferre: Alright, is there anybody here on Item 18? Mr.Villalobos Yes, the opponents. Mayor Ferre: The opponents. Alright. Are there any proponents here? Is there a lawyer or somebody representing the proponents? Who represents the applicant, Elias C. Elias? Anybody? Mr.Villalohos: For the record Mr. Mayor, my name is Jose Villalobos, 1401 Ponce de Leon Blvd., Coral Gables, Florida. I represent the opponents of this application. Mayor Ferre: The Planning Department recommended denial, the Zoning Board.. Mr. Plummer: I move that the recommendation of the Zoning Board be upheld. Mayor Ferre: It has been moved and seconded. Further discussion? Call the roll on 18. 77 J AN 2 81982 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-70 A MOTION UPHOLDING THE RECOMMENDATION OF THE PLANNING DEPART- MENT AND THE ZONING BOARD TO DENY AN APPLICATION FOR VARIANCE TO PERMIT A LIQUOR LICENSE AT APPROXIMATELY 1947 WEST FLAGLER STREET. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 18. FIRST READING ORDINA14CE: CHANGE ZONING CLASSIFICATION 2661-2665 SOUTH BAYSHORE DRIVE FROM R-4 to R-C. (A voluntary conversant or deed restriction must be filed) Mayor Ferre: Alright, Joyce. She was here on Item 8; she was here this morn- ing and we told her to come back at 4:00 o'clock and she has been here for a couple of hours and the matter is whether or not that particular lot along Tigertail be changed from an R-4 to R-C. We left it this morning and you were going to go and check with your client as to whether or not 120 feet of R-C and 100 feet from the road would be sufficient, or vice -versa. `is. Christie: We want the whole portion zoned R-C, but we will have 100 feet of green area in the back, but in order to have the.. Mayor Ferre: In other words, you are going to stipulate that that is part of the.. Ms.Christie: In order to put the deal together with the proper FAR, and in or- der to do what they want to do, we need the whole thing zoned... Mayor Ferre: Ms. Christe, that is not my question to you though. My question, if you get the zoning, are you stipulating for the owner of the property that you will put this as a deed restriction in perpetuity. Ms.Christie: Yes. However, we might have parking underneath, but it will be green area on the top. In other words, it will look, it will be green areas with trees and you won't see it, if the surface will be there. Mayor Ferre: Will it be 100 feet up in the air and then green on top Pis.Christie: No, it will be where it is now. Mayor Ferre: Alright, so it will be at the ground level. Ms.Christie: Yes. Mayor Ferre: Okay. It will be at the same level where it is at now and you are stipulating that that will. be in the deed that way, I see. Ms.Christie: Yes. Mayor Ferre: I see. Now, do you want to say anything else? Alright, what is the will of this Commission? Mr. Carollo, you made the motion this morning. Mr. Carollo: There was no motion made this morning Mr. Mayor, but what l would like to get clear of for the record, what the applicant is asking for again is for that whole area to ro rezoned to what the adjacent properties are to R-C �nint; and you stipulated the deed that 100 feet.. .78 JAN 2 8 i982 Ms.Christie: On Tigertail. Id Mr. Carollo: will be landscaped. Ms.Christie: Green area. Mr. Carollo: Green area. Mr. Mayor.. Mayor Ferre: And that it will be at the same level it is at now, so in other words it... Mr. Carollo: Is this correct? In looking at that area there, I just can't buy the argument that I have been getting from the Planning Department. In fact, I have been seeing Mr. whipple answering all our questions for all the other items today and I was surprised that he didn't handle this one. I figured he might have wanted to give his input on that. I just think that we have to be realistical to that area. The adjoining properties are R-C. I don't think we could be unfair in dealing with that property and particularly an area such as that. So, I have no problems'in making a motion to approve, or should I say rather uphold the Zoning Board's recommendation to change to R-C with the stipulation that the at- torney for the applicant is making. Mayor Ferre: Alright, there is a second. Further discussion. Mr. Plummer: You will submit the covenant. Mrs.Christie: Or a deed restriction. Mayor Ferre: Alright. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHEN- SIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE NORTHWESTERLY 220' OF LOTS 6, 7 AND 8, BLOCK 41, RHODES AMENDED PLAT OF NEW BISCAYNE (B-16), BEING APPROXIMATELY 2661-2665 SOUTH BAY - SHORE DRIVE, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-C (RESIDENTIAL OFFICE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDI- NANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre. NOES: 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 -members of the public. ON ROLL CALL: Mayor Ferre: In voting yes, let me explain that I do think that since that corner abuts both Grapeland and Tigertail and even though it is only a point when it comes up as R-C, I would hope that this would not set a precedent for a continuation of R-C into the R-4 area, and I vote along with the other mem- bers of the Commission. �9 JAN 281982 Mayor Ferre: Joe, you held up Item 14 this morning and the matter was about to be voted. Are you ready to vote on 14, Miami Center? Mr. Carollo: Yes, Mr. Mayor, I am. I so move. Mayor Ferre: is there a second? Further discussion. Call the role on Item 14. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION NO. 82-71 RESOLUTION OF THE CITY OF MIAMI COMMISSION FINDING THAT THE FOLLOWING AMENDMENTS DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE TERMS OF THE MIAMI CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER; (RESOLUTION 81-840; DATED SEPTEMBER 24, 1981); AMENDING SAID DEVELOPMENT ORDER WHICH AMENDMENTS OF THE DEVELOPMENT ORDER PROVIDE THAT THE CITY SHALL NOT ISSUE CERTIFICATES OF OCCUPANCY FOR THE PROJECT UNTIL COMPLETION OF FINANCIAL ARRANGEMENTS TO FINANCE THE CONSTRUCTION OF THE I-95 BIFURCATED RAMPS, DELETES REQUIRE- MENT THAT THE CITY WILL PROVIDE SECURITY FOR THE SECOND -LEVEL PEDESTRIAN CONNECTIONS, CHANGES THE DATE UPON WHICH THE CITY WILL REPORT ON PREFERRED OPTIONS TO PURSUE FOR PUBLIC SECTOR FINANCING OF THE I-95 BIFURCATED RAMPS, CHANGES THE TIME THAT THE PROMENADE MUST PROVIDE REASONABLE EGRESS FROM THE SOUTH- EAST BANK PARKING GARAGE FROM A MINIMUM TO A MAXIMUM TIME OF 4:00 PM TO 6:00 PM WEEK DAYS, DELETES REQUIREMENT OF SUBMITTING ANNUAL RE- PORTS TO THE STATE OF FLORIDA REGIONAL PLANNING COUNCIL; APPROVING THE STIPULATION ATTACHED HERETO AS EXHIBIT "A" BETWEEN THE MIAMI CENTER JOINT VENTURE, THE SOUTH FLORIDA REGIONAL PLAN- NING COUNCIL, AND THE CITY OF MIAMI WHICH APPROVES THE AMENDMENTS OF THE DEVELOPMENT ORDER ISSUED BY THE CITY OF MIAMI PURSUANT TO RESOLU- TION No. 81-840, DATED SEPTEMBER 24, 1981, WITH RESPECT TO THE MIAMI CENTER II DUPONT PLAZA PROJECT AND THE DISMISSAL OF THE APPEAL OF SAID DEVELOPMENT ORDER PRESENTLY PENDING IN THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO SIGN SAID STIPULATION ON BE- HALF OF THE CITY AND DIRECTING THE CITY CLERK TO SEND THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Dawkins, the resolution was passed and ;adopted by the following vote: AYE',: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Jot Carollo Mayer Maurice A. Ferre " 1982 1 � � • NOES: Nont, V VVV • 0 20. PERSONAL APPEARANCE: MARTIN FINE ESQ. PROTESTING IMPLEMENTATION OF I14FACT FEES. - MODIFY PREVISOUSLY PASSED RESOLUTION. Mayor Ferre: Alright, Mr. Fine. Mr. Fine: Mr. Mayor, members of the Commission, my name is Martin Fine, 2401 Douglas Road and I am appearing here because... there is no number on this. I am appearing on this to answer your questions. I am in a state of shock about some, action this Commission took today which we had no ability to know about and I am sure that it was unintentional, but we weren't even given the courtesy to be notifgd about. Mr. Carollo: Marty, what was that? Mr. Fine: And that is the action you took based on a memorandum of Mr. McManus involving an intent to enact impact fees in the area around Omni and in the area around Brickell. Now you know we were here this morning on the Omni area. This is the loth month that we have been here at meetings for that. Now, I don't want to make this personal and I apologize to anybody in the Planning Department who might think it is, but I would like to share some facts with you, because I tell you it is not personal. I think it is :simply a matter of courtesy and basic decency for the department and the City Commission to tell developers in the area, in this instance the Planning Department. We have been working with them for 10 months. We were here this morning. We read the agenda; there was nothing on the agenda about impact fees. Now if it was going to be discussed, we should have had an opportunity to be here and discuss it, and I would like to share some discussion with you as only one of the attorneys representing property ow- ners, because what you have done is very damaging to the city. Mayor Ferre: Marty, I think all we really did, and I specifically asked for the record, that all we are doing is instructing the administration to study this and to come back with a recommended ordinance. Mr. Fine: That is not what happened. Mayor Ferre: Well that is exactly ... Mr. Manager, I specifically asked that into the record and I am sure that we can go back into the record and get the straight language, but that is what I understood we were voting on. Mr. Gary: That is correct. Mayor Ferre: It was part of Item 1 and was passed out this morning, J. L. It is a recommendation by the administration that we look into the possibilities of im- pact fees and we have instructed them to study this and come back with a proposed ordinance. We haven't adopted impact fees. Mr. Gary: That is correct, Mr. Mayor. It is a resolution with intent to enact impact fees as well as to direct the building department to issue permits for construction on area with the caveat that issuance of the herein documents and are permitted conditional upon payment of such impact fees as may reasonably be im- posed by the City of Miami, which could be done at a later date. Mayor Ferre: That is right. Now, is that legally binding? Mr. Fine: Well, in my opinion there is no question that it is not legally binding. I am not telling the Commission what to do, nor certainly the Manager. What I am saying is this. No. 1, we need an opportunity to be heard. There is a basic thing that is called due process of law. Mayor Ferre: Of course. Mr. Fine: No. 2, to take one area of town, or in this instance two areas of town, Omni and Brickell and single them out and say that... Mayor Ferre: I think you are right. Mr. Fine: And if you are going to do it, do it on a city-wide basis. Id Mayor Ferre: I agree with that. J A N 28 i0.0-°2 81 T � Mr. Fine: In whic�asE, you are going to stop evE� public and private pro- ject in Dade Count and I want to.. Mayor Ferre: I don't know... Mr. Fine: Well, I am just telling you that in my opinion, you cast a cloud on every single piece of property in this area when you do that, because there is no way to determine how much the impact fees will be.. Mayor Ferre: That is right. Mr. Fine: And you know and I know that it is not reasonable to assume that this staff, with as much work as it has to do can come back within 90 days with an impact fee ordinance. Mayor Ferre:, Marty, on that theory, we would never be able to pass an impact fee. All we are saying is let administration study it. Let administration re- turn to the'Commission with a proposed ordinance, and you builders and property owners be aware that we are doing this and we may be imposing it in the future. Mr. Fine: Okay, except that I think... Mayor Ferre: So be informed. I think you have two valid points, Marty. One is, I really do think that we should have had the courtesy of letting you know that this is going to be discussed today, even though it is not in any means final. Secondly, I think we should have done it city-wide, because I certainly am not for selective enforcement of impact fees. Now, I think that impact fees may be done dependent on the size of the project. I don't think we should put an impact fee on somebody that is putting a garage on his house. But I do think that on a certain sized project, whether it be Brickell, or whether it be along Coral Way or whether it be anywhere-.Allapattah or anywhere in this town - we ought to deal with it. Mr. Fine: May I make a statement? On the record, Mr. Mayor, I want to say that I am in favor of impact fees equitably apportioned and assessed on a city-wide basis. I don't have a problem with that. May I just finish, pleese? What I do have a problem with is (a) without notice when they have a memo dated the 19th of this month and (b) singling out an area, and what you are not hearing is - and Mr. Gary read it to you - they are going to stamp every permit that is given in the Omni area only and Brickell area only, "Mr. Builder, Mr. Finance Company, Mr. Anybody Else - you are going to have an impact fee assessed you and we can't tell you how much it will be". Mayor Ferre: No, no, sir, please. You may have. We haven't decided that you are going to have. Mr. Fine: Well, then do it on the whole city if that is what you are going to do. Mayor Ferre: I agree with that. Mr. Fine: I don't think you should, but what you are doing is exactly what hap- pened - and I am not going to mention names about groups who came up here and said "We don't know what the amount of it is going to be, so we want to fix our amount". Now you may have a situation in the particular area of this town where some improvements that are wanted are 30 million dollars and they may go for a particular area and you may say impact that whole area and let them pay it. I just don't think it is right to take one area of town; first of all you haven't rezoned it. You haven't rezoned that area. You have it coming before you not until the 28th of March and to take one area and single it out and say to say_ to every... Mayor Ferre: I agree with that. Mr. Fine: Well that is not you did; you passed some resolution today. Mr. Gary: May I respond, Mr. Mayor? First of all, at the December 15th meeting, we instructed to come back with some information. I do apologize that it wasn't on the regularly scheduled agenda, for the mere fact even though it may be dated January 19th, we had to have the law department to review it and that is why we had the delay and the discrepancy in the time. Secondly, if you read the memo- randum, it said that certain perameters that have to be discussed and that the - 82 J A N 28 ►�� 0 V Mr. Gary: (con't) law department would have to research that matter and one of the items that was addressed here was the foregoing Perameter problems was the intent of the impact fee ordinance is to develop with objectives of target- ing specific areas, so the law department will be looking at that when we develop our ordinance. so we understand the issues that he is raising. What this is say- ing this is the intent. We want to let developers know, but the final ordinance will be developed by the law department. Mayor Ferre: He has two valid points. One is that we didn't have the courtesy to let him know and I think that is appropriate. He was here and we know he represents and so was Traurig here, and he represents whoever Marty doesn't represent, Bob re- presents. Mr. Fine: No, there are a lot of other lawyers here who are involved. Mayor Ferre:' But I mean, between the two of you, you represent a great many im- portant developers and taxpayers. Now, I think the real main point is, and please correct me if I am wrong, what we voted on was instructing the law department and the administration to come back with a study and a proposed ordinance for impact fees. I do not think that we should earmark any particular part of town. I don't think it should be for the Omni area, for downtown area, for any area. It should be for all of the City of Miami and I think it really should be based on the size project, because that is really what this is all about. And what we are saying is, look, this is an offshoot in reverse unfortunately, because this is regres- sive of tax increment financing, because what we are saying is, instead of paying later, we want you to pay up front, or somewhere along the line. 83 JA N 2 81982 Mr. Fine: Mr. Mayor, I have a suggestion to make, if you look at that resolution... Do you have a copy of it there may I ask? If you will look at that resolution I think it is perfectly alright if you have Sections 1 and 3 and you delete #2. And you put everybody on notice that there's an on -going study on impact fees. I can't imagine you all had enough time to read this carefully and understand what impact the ordinance was going to have. Mr. Plummer: Oh, I've already read it, thank you, Mr. Mayor. Marty, let me tell you where I'm at. Okay? In effect, what you're saying, yes, we realize there are going to be impact fees on this particular area and yet you, the City don't know what they are going to be but if I get in with my application before the application of impact fees I'm going to escape. Mr. Fine: That's not what I'm saying at all. Mr. Plummer: Well, you know, in essence and in law that's what is going to happen. Mr. Fine: Absolutely not. Mr. Plummer: All right. Are you then willing to say that you and any client that you represent, well, you can't do that. You know, are willing to pay the impact fees, you're not going to do that, that's crazy. Mr. Fine: You know, I don't think it is fair and I don't think you mean to ascribe evil motives to what I'm saying here or what the developers are saying. Mr. Plummer: Not at all, never would, you're an honorable man. Mr. Fine: Nor am I going to say that to the City. Now, if you want to get some impact fee ordinance enacted in 90 days, first of all I'm willing to wager it will never happen in 90 days, it will take them 90 days.... Well, I won't go into that, it won't happen in 90 days. Just strike Section 2, no one is going to run in here for a building permit. You couldn't possibly get a set of plan and get ready in here, you don't even have the zoning in that area for another 6C days. Mr. Plummer: All right, so you're saying the Second Reading of CBD-2 comes up in March. Excuse me, may I have an answer to my question? Mr. Gary: Yes. Mr. Plummer: Well, I'll tell you where I'm at, Mr. Mayor, I happen tc agree with Marty that you just can't go along and say, "Hey, there's going to be something but we don't know how much. I agree with that. Mayor Ferre: But J. L...... Mr. Plummer: But let me tell you the final line. The final line is I'm not voting for CBD-2 until it's in place, now you've got your choice. Mayor Ferre: Now let me, yes, but you've got a legal hiatus there and let me tell you why, and I think that's what Terry or Mark or whoever drafted this is trying to do. You've got to let people know that this is in the midst of happening because unless you do that if somebody gets a building permit you're not going to be able to apply it to the people who get those building permits between now - and I think Marty is right, it isn't going to be 90 days, it is going to be 550 days or 120 days or something. Now, I think the way to cor- rect it, Mr. Manager, if I may, is not to delete Section 2 but to change Sec- tion 2 and to delete out of it the words Brickell and Omni areas and to say city-wide for any project in excess of, and if you want you can say $1,O00,060, $10,000,000, $20,000,000, I don't know, I think it has to be a farily big piuject because otherwise I think you're going to be impairing a lot of small projects that might get concerned. I have no problem saying that any project over $10,000,000 that this be applied to because that's really what we're talking about, is that right, Mr. Manager? Mr. Gary: Yes, sir. 84 JA N Z 8 &zaQ 4 I Mayor Ferre: You're not talking about small projects. Mr. Gary: No, sir. Mr. Fine: I just want to take one more chance at saying to you that if you eliminate paragraph 2 altogether and you then record in this records of Dade County Florida, every single property owner knows that there is an impact fee ordinance that is going to be presented and is being studied and every prop- erty owner and every financing institution is on notice. Now, I think it is wrong to stop construction of any.... Mayor Ferre: Nobody is stopping construction, nobody is saying stop construc- tion. Mr. Fine: Mr. Mayor, you've had a long day and I've had a long day, you all do what you want to do but I can tell you in my opinion it is certainly wrong to do it that'way, if that's what you want to do city-wide, even city-wide where do you draw the line? $1,000,000, $10,000,000? What happens with even things like the People Mover System or the Metro stations? What happens to your own City of Miami Parking Garage? Mayor Ferre: That's public. Mr. Fine: Are public facilities exempt? Mayor Ferre: Yes. Mr. Fine: The resolution doesn't say so. Mayor Ferre: Mr. Manager? Mr. Gary: Mr. Mayor, the whole purpose of this resolution is to inform you and receive your approval to develop an ordinance. Secondly, this ordinance will prevent us from giving the same situation.... Mayor Ferre: No, resolution, please, not an ordinance. Mr. Gary: ... resolution will keep us from getting in the same situation with the Gould and the Southeast Project whereby we permit high intensity development without any cost to pay for the impact that is going to be assoc- iated with it. Mayor Ferre: Well, I want to tell you because I get an inference there that that was something wrong. I want you to know that if that were before me right now I would vote for it all over again in the same way. Okay? Mr. Gary: No, I'm not saying.... Mayor Ferre: Please don't misunderstand.... Mr. Gary: Don't misunderstand me either, that's not what I was saying. Mayor Ferre: Well, you say that we don't get into the same situation that we did with Gould, I'm very happy that we got into the situation that we got into with Gould. Mr. Gary: I'm talking about in terms of the public costs associated with those developments. Mayor Ferre: Fine, well, I'm talking about the public cost associated with those developments too. Mr. Fine: Well, why is it different in the Omni area than it is down there? Mayor Ferre: It isn't, and I'm saying that I think that we have to develop the process as to how we develop all of these things generally but I am not saying that I would vote any differently than I did with the Hollo project or with the Gould project or with your project. Mr. Fine: But I don't understand what is happening. You just passed an item on the agenda and you just had a discussion about a part of downtown Miami where the potential cost to the taxpayers is enormous and then you're saying "Well, we're not going to worry about that item but we're going to take Omni out of content and do it on there". Mayor Ferre: No. M--- y, I think the time has come that whenever we put major projects that impact on the sewerage system or on the road system or on other things that are major in nature that we've got to address that and I think in the same way that the County has done it when a whole new section of land is developed and the County now comes to the developer and says, "Fellow, you've got to provide land for a school and a church and the civic this and that and you've got to give right-of-ways and you've got to pay for this and that and I think the time has come for the City to do that. Mr. Fine: I understand, but why just take the Omni area and do it? Mayor Ferre: I agree with that and I said that I'm willing to strike Section 2 and substitute therein, strike the words Brickell and Omni and make it City- wide. Now, I think that so that we don't get ourselves into a bind we should arbitrarily say for projects over a million dollars or ten million dollars or something so that we don't end up having to stamp every darned thing that comes here for a building permit. In other words we're talking about projects that impact the community. Obviously a million dollar apartment house that has 15 apartments isn't going to impact the City but a $100,000,000 project may. Well, what is the will of this Commission on this item? I think there is a just request before us. Mr. Plummer: Mr. Mayor, I don't think it is anything really that has to be done today, it is ludicrous to feel that anybody that is in the CBD-2 area is going to come in and pull an application prior to March the 28th to try to build something other than what they could in the CBD-2. I think we ought to defer it out to the Manager and allow him to come back at the next meeting in February which is still a month in advance and try to have some meetings prior to that, you know, everybody is on notice I think right now that they're going to have impact fees and it is just undecided how much and what is fair. Mr. Fine: Wh-t would you do with the resolution you already passed? Mr. Plummer: I would say we would withdraw it or defer that portion.... Mayor Ferre: No, J. L., look, at worst let's strip Section 2 off of it and at least leave Section 1. Mr. Plummer: I did:,'t read that. Mayor Ferre: Section 1 says, "The Commission, hereby expresses its intention of enacting an impact fee ordinance applicable to.... impact fee ordinance." period. Mr. Plummer: Leave 1 and remove 2 and defer 2. Mayor Ferre: Okay, leave I and defer 2. Mr. Fine: No, but you're striking Brickell and Omni frzm 1. Mayor Ferre: I really think that we should not single out any particular area, I think this is, we've got to talk about impact fees in the City of Miami, we're not talking, I think it would be wrong to just say an impact fee in one area or another. Mr. Fine: Applicable to the City of Miami. Mayor Ferre:' To the City of Miami, I agree. Mr. Plummer: Well, just drop the words where it would read "...ordinance within 90 days applicable to growth areas of the City of Miami." Mr. Fite: You're going to have trouble with the term "growth areas" but if you ju::t said the City you'd get covered and when they come back and within the 90 days which will never happen, you'll have it then. Mi . Plummer: okay, I've got no problem with it, I'll make a motion that wE• rt -woi d section 1 and defer Section 2. Mr. Fire : Del -te Section 2. Mr. Plummer: No, defer it. Mr. Fine: What does that mean? .86 JA N 28 �y};� 0 0 Mr. Plummer: What does that mean? That we defer it for them to come up with something else in February. Mr. Fine: Well, that means you're deleting it here and asking them to come up with something else in February? Same thing, I don't have a problem with February. Mr. Plummer: Fine. Mayor Ferre: All right, this is a substitute motion to the one that was passed this morning and basically what it does is.... Mr. Plummer: Well, I can't make the motion because I didn't vote this morning. a Mayor Werre: All right, it just memorializes by saying that the Commission hereby expresses intention to enact an impact fee ordinance applicable to the City of Miami -within 90 days period. Is that right? All right, I will make that motion. Mr. Fine: And then you have Section 3 in it too that I think you want to keep. Mayor Ferre: I don't have a Section 3 on mine. Mr. Fine: That's you have counsel that's going to help the City implement, that's what this says. Mayor Ferre: Oh, I see. The City Manager and the Law Department are author- ized to negotiate with outside counsel. Okay. I so move. The following motion was introduced by Mayor Ferre who moved its adoption: MOTION NO. 82-72 A MOTION AAiENDING R-82-62 REGARDING IMPACT FEES BY AMEND- ING SEC. 1, DEFERRING SECTION 2, AND RETAINING SECTION 3 OF SAID RESOLUTION, ALL AS DISCUSSED AND AGREED BY THE CITY COMMISSION ON THIS SAME DATE. 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. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Mr. Fine: Thank you for vour courtesv. 21. GRAINT ONE-YEAR EXTENSION OF CONDITIONAL USE - 154 UNIT APARTMENT BUILDING AT 190 N.E. 5TH STREET. Mayor Ferre: We're on 20, application by Dade County HUD, one year extension. Plummer recommends approval, Carollo just moved it. Mr. Plummer: Mr. Mayor, under discussion, I have to be consistent, I hope Miller will listen to this. This is like being against motherhood. What this is is, in fact, putting an apartment house complex on grounds which to me are very valuable to the Ed/Com community. I said before and I say even stronger today that this apartment complex could be put across 5th Street and leave the room for the expansion of the Junior College which to me is very vital to the downtown area. There was some train of thought that said that they needed to intergrate the senior citizens who would occupy the housing and the school. Well, that's a great idea but I want to tell you as far as I'm concerned, I voted against this concept before, I will do so again because I think you are stifling expansion of the downtown Community College. Here it is here, if you will look on this map, you will see the yellow. The school, with the ex- ception of the fire station, the school now surrounds with a building in an L-shape that area. My contention was before if you were to flip it over to the other «ide r-f the street which is for all practical purposes vacant prop- erty, you are not displacing anvbody, you would leave that yellow area for expansion of a vital downtown school. I think you are denvinq the school the right to expand in the future when you do have the alternative of putting that complex across the street, I merely am making the record clear that I voted against it before and I shall do such again. Mr. Perez: who is the owner of the land on the other side? Mr. Plummer: It is in private ownership, Okay. This one here, I don't know that HUD aircady owns it, I assume they do because they did get the applica- tion befcre. Mr. Fine: They broke ground on that site. Mr. Plummer: Then what are you here for for an extension? Mr. Fine: I'm not here, I mean Mr. Reid asked me to get here...... Mr. Plummer: Under discussion, why are you here, HUD, if you have broker. ground? Mr. Ross Lopez: My name is Ross Lopez and I work for the Department of Hous- ing and Urban Development. What we need is an extension because your Build- ing Department is looking at our plans and we are ready to start construction it: a month's period so we need that extension. We own the land. The following re­;olution was introduced by Commissioner Carollo, who moved its adoltion: RESOLUTION NO. 82-73 A RE5,r)LUT1O �N GkANTING A ONE-YEAR EXTENSION OF A COND. USE GRANTEL FROM, OPJ)INAN('F, NO. 6671, ARTICLE XV, SECTION 2(8) (d) , TO I1ER'4IT C+)N'ThHCTION OP A 154-UNIT APARTMENT BUILDIN ; OII LOTS 1, 2, {, ANI) N401 OF LOTS 18, 19 S 20, BLOCK 7914; MIA141 (13-41) , B11114(, APPROXIMATELY 190 N.E. 5TH STREET, AS 111.k PIJ,NS !A: VILL. �11HJF,'CT TO THE VOLUNTARY DEDICATION OF T111. 11%L.,'I' 10' OF L,OT I AND THE EAST 10' OF THE N40' OF LOT t LI. ('-- + (C1:14TkA1• COM,1FRCIAL) . Itit-1 tulle w hildy cat resolution, omitted here and on file it, the 01 t i.:t- ;)I the City clerk.) Upur, !;GCo11J1:d by Commissioner Pere: the resolution was pa:;�,ed ,,i,,1 a&;pted 1)y tht. following Vote - AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre 8� JA1,< L 81982 0 0 NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mayor.. Ferre: (Who had been out of the room) ....by Dade County Department of HUD for a one-year extension of a Conditional Use to permit 154 unit apart- ment building and the Planning Department recommends approval. Mr. Carollo: And they already started ground breaking. Mayor Ferre: Well, why would we want to vote against that? What is the argu- ment on this? Mr. Carollo: Plummer argued that he felt that it would be against the future benefit of Miami Dade Community College. Mayor Ferre: Explain that to me, J. L. Mr. Plummer: (INAUDIBLE, AWAY FROM MICROPHONE) ..... complex on the grounds of the school. Excuse me, on the same grounds. My contention was before and is now that in effect, they are stifling any future expansion of the school. What I said before and just said now was they should flip it over on the other side of Sth Street where it will stop the school. Mayor Ferre: I think it is academic because that project is under way, and I apologize to you again, Marty, for not being there at the ground breaking, we should have done that and I'm sorry. I vote yes. Mr. Fine: No apology necessary. Mayor Ferre: I mean you know, we're under way. 22, DISCUSSION ITEM: OAK VIEW ESTATES PLAT - SENT BACK TO PLAT AND STREET COM'41TTEE FOR RESOLUTION OF PROBLEMS. Mayor Ferre: Twenty-one, this accepts the plat of Oak View Estates. The Plat and Street Committee recommends. Mr. Plummer: We had a problem with this one and we sent it back to try and resolve it as far as the - put it up on a map. Mayor Ferre: The Plat Committee recommended denial and the Zoning Board granted.... Mr. Perez-Lugones: We don't have transparencies on plats, you have it in your packet. Mayor Ferre: Tell me what the problem is. Mr. Plummer: As I recall, it was something to do with trees. Why did we send it back? There was a reason we deferred it. Why did we defer it, don't you remember? Mr. Percy: The Mayor thought he had a conflict. Mr. Plummer: Yes, that's right, you had a conflict, Maurice, across the street. Mayor Ferre: You're right, I cannot vote on this because I have a conflict. Mr. Plummer: But there was something else on this thing. Wasn't there some- thing about the way the roads were laid out? Where is the planned unit develop- ment? Where is a copy of it? Mayor Ferre: Well wait a minute, before you continue, I would like the record to reflect that because my wife owns a house in Espanola right across and within the 300 feet of the property I am unable to vote on this matter and, t.hc,rc•fore, I recuse myself and pass the gavel to Commissioner Carollo. .89 J A N 2 81982 40 Mr. Plummer: Where is the transcript of the last meeting? No, there was another problem. Mr. Ongie: The City Commission Meeting of December 15th is almost finished but I don't know if we have finished that one item? Mr. Plummer: Does anybody recall, there was another problem. What was the problem, sir? Mr. Robert Altman: My name is Robert Altman, 4061 Ponce, Coral Gables. I'm the architect for Future Prevoe's project. The problem was, or the ques- tion was in the design of the replat whereas it is not your standard rectangle square, pie -shaped, whatever, breaking up of the three lots, however, in dis- cussions with the legal department of the City of Miami, instead of me repeat- ing what was said to me this morning, if I could just pass it over to Mr. Percy. Mr. Percy: The question became whether or not the Commission could deny this plat and the case law is that if the plat can meet all of the technical re- quirements before the lower board, that is the Plat and Street Committee and the Zoning Board and the like, the Commission is compelled to approve it, it becomes a ministerial function at that point. That's assuming that all of the technical and legal requirements are met by the technical review panel. Mr. Plummer: Let me ask you this question: Secoffee Street was closed by fOrdinance No. 163. They do not have title to that yet, do you? i Mr. Altman: I believe so, yes, sir, I think that is reflected on the plat that you have that is in your files. Mr. Plummer: Well, where is the planned unit development? Mr. Perez-Lugones: It is not an issue in this replat. The replat by itself, the PUN eventually will be a separate application for a Conditional Use and at that time the Commission will have a chance to review that. Mr. Plummer: All right, then tell me why the Plat and Street Committee denied it. =I Mr. Perez-Lugones: Because the Plat and Street Committee was not quite ready to accept the lay -out of the lines but the technical requirements are met. Mr. Plummer: Yes, but didn't we get into some discussion that a fire truck, didn't you proffer a plan at the last hearing? Did some one on your side proffer a plan? Mr. Altman: Not a plan of houses, what you're talking about was before you about a year, a year and a half ago. Mr. Plummer: And what was it? Mr. Altman: It was for a PUN and to be quite brief, the Mayor thought it was the most beautiful plan he had seen, however, the neighborhood was somewhat up in arms and the bottom line was if we could prove that we could do a re - plat of 3 units which is what we're pursuing and we have met all the legal technical requirements of this, that in due time we will come back with our PUN and hopefully be granted the PUN. Mr. Carollo:. Is there a motion for approval or denial? Mr. Plummer: I'll move to deny. Mr. Carollo: There is a motion for denial, is there a second? Mr. Dawkins: Second. Mr. Percy: Commissioner, there is a problem, if the legal requirements have been met the law in Florida on plat approvals is that the governing body function becomes a ministerial one, you cannot deny the plat unless there is a legal deficiency and if there are none found then the plat should be advanced. Mi. Plummer: Has the Law Department gone through it completely? Mi. Percy: We have reviewed the Opinions of Title and all of the technical do(amer,ts in terms of the subdivision improvements and all of the covenants th,,t we need and we found them satisfactory. The Plat and Street Committee 90 J A !I 2 8 i982 has made a review and they found it satisfactory except as Mr. Perez suggested, they weren't satisfied with the street lay -out but the legal requirements of the platting statute has been met and we are compelled to let them go. Mr. Carollo: Want to withdraw your motion and second then? Mr. Plummer: Yes, and I'll make a motion that it be sent back to the Plat and Street Committee to resolve the problems before it comes here for approval. Mr. Altman: Excuse me, if I may. Mr. Plummer, we have been working at this for almost three years now. We've qualified, we've done everything absolutely appropriately correct and curiously I can't understand the patience of my client. We have done everything, as I said, absolutely legal, proper, correct. I request of you to let us continue to grant us this replat and to let us come back as soon as possible with the follow-up. Mr. Plummer: Sir, you don't understand. Mr. Carollo: We're all out of order now, really, J. L., I mean for them talking. Mr. Plummer: I'm sorry, I thought we were under discussion. Mr. Carollo: Well, we were but I don't think it is up to them to ask the ques- tions, it is up to the Commission members. Unless you have any we're really out of order. If you don't have any further questions from any members of the Commission then let's have roll call. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-74 A MOTION DEFERRING PLAT ACCEPTANCE OF "OAK VIEW ESTATES" PLAT, LOCATED AT TIGERTAIL AND S. W. 17TH AVENUE, SAID PLAT TO BE RETURNED TO THE PLAT AND STREET COMMITTEE FOR RESO- LUTION OF THE PROBLEMS THAT RESULTED IN THE RECOMMENDED DENIAL BY THE AFORESAID COMMITTEE. 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. Commissioner J. L. Plummer, Jr. NOES: Vice -Mayor Joe Carollo RECUSED: Mayor Maurice A. Ferre. NOTE FOR THE RECORD: AGENDA ITEM 22 WAS DEFERRED. (WITHDRAWN BY ADMINISTRATION) MINUTE ITEM 22 CONTINUED Mr. Altman: It was asked by Mr. Plummer to go back to Plat and Street Com- mittee for approval, it has already been approved, as per your requirements, Mr. Plummer. Mr. Plummer: My motion stated that it be sent back to the Plat and Street Committee to resolve the problems for which they gave a denial. Mr. Altman: But the reason they gave a denial has nothing to do with the issue, they did not like the design of the replat. However, it clearly states, and it has been stated by your legal department as long as we quali- fy with all the basic legal requirements of the width of the lots, the size of the lot, etc., etc. , then we are exactly in line and gear. They did not like our design, that is subjective. However, again, we have qualified in everything legal that is required by the City of Miami. Mayor Ferre: Look, this item is now concurred and concluded. Is there any- thing else you want to add to it? Mr. Plummer: No, sir, I have nothing else to say. -91 23. GRANT TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT UTILITY EASEMENT TO METRO FOR DUCTS AT FIRE STATION NO. 5 (RAPID TRANSIT PURPOSES) The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-75 A RESOLUTION GRANTING APPROPRIATE EASEMENTS ON CITY OF MIAMI OWNED PROPERTY LOCATED AT N. W. 20TH STREET AND N. W. 12TH AVENUE, TO METROPOLITAN DADE COUNTY, FOR POWER AND .ELECTRICAL FACILITIES IN CONNECTION WITH RAPID TRAN- SIT; A14D AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENTS THEREFOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner :filler J. Dawkins Commissioner Demetrio Ferez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 24. GRANT RIGHTS AND PER1,1ITS TO METRO TO CONSTRUCT 6 MAINTAIN BRIDGE TYPE S.RUCTURES, SUPPORTS AND AERIAL GUIDEWAYS FOR RAPID TRANSIT STSTEM STAGE - I. Item 24 was moved by Commissioner Carollo and seconded by Commissioner Plummer. ON ROLL CALL: Mr. Plummer: Hold one minute, let me read this thing a little bit. Mr. Mayor, is there anyone here from Metropolitan Dade County? Are you here on this item, sir? Sir, let me tell you what bothers - excuse me, Mr. Mayor, I realize I'm in the middle of a roll call but may I have a period of discussion? Mayor Ferre: Yes, sir. Mr. Plummer: Sir, I am concerned of the wording here that says three locations. This Commission has been very concerned, sir, that they are going to be cutting down on stations in the City of Miami. How many stations are we going to have in the City.of Miami? I'm sure that it is more than three. I am concerned that you have brought before us.... Maurice, do you understand what I'm saying? Mayor Ferre: Yes. i Mr. Fltunmur: 1 am concerned, sir, that that might be all that you might want to d(, it w-- approve this. Mr. 11.tu tiernar,:lez: My name is Pete Hernandez with Metropolitan Dade County, hadt., County Transportatior. Administration and the three locations here are for ea:;•_mer,ts for the guideway construction for footings, columns. Mr. Plummer: I understand, sir. Mr. Hernandez: As far as the stations in the City of Miami, we're talking abort Douglas, Coconut Grove, Vizcaya, Brickell, the Government Center Station, Clumer, Overtown, Allapattah, Arlington. Heights.... Mr. Plummer: You've g>:,c far enough, sir, it is more than three. But why only apj lic,-,tio!, for three? _ J2 JAN! 28 !9�,(_, Mr. Hernandez: well, it is only three areas in which we need City of Miami f easements for construction. Mr. Plummer: Aren't you in a funny position? Mr. George Campbell: Yes, sir. Mr. Plummer: You know leverage. Mr. Campbell: No, maybe I can clarify this, Mr. Mayor and members of the Com- mission. Mr. Plummer: Before you do, let me tell you where I'm coming from, Mr. Hern- andez. This Commission has had an attitude or a feeling for quite some time now that the rapid transit people come here and they're good listeners and go back and do whatever the hell they want. Understand? Now, I want to tell you something:' I think, Mr. Mayor, that maybe what we ought to do is consider deferring this and let's bring this back at the next Commission Meeting and let's have some of the hierarchy come down here and don't do to them what they've done to us, be good listeners and then do what the hell we want to do. Now, I am concerned that this thing is so so secretly quiet going through and it doesn't look like anything. i 93 iAf", 28 198121 Mr. Plummer....(cont'd)... I don't know thrt anybody else on this Commission feels that tehre is a problem. But I think I want some more information on this. Mayor Ferre: Ok, there is a motion by Plummer that this item be deferred. Mr. Plummer: Well, I'm sorry, Mr. Mayor, I can't do that now, because the roll call has already started. So, you tell me how to go... Mayor Ferre: The only way legally... Terry, roll call has started on this for us to rescind.this, I guess... Mr. Percy: Complete the vote... Mayor Ferre: What? Mr. Percy: Complete the vote and motion to reconsider or motion to rescind, yes. Mayor Ferre: And then rescind. Alright, who did you call? Mr. Ongie: I called Mr. Carollo first and Mr. Plummer second. Mayor Ferre: Carollo voted yes, Plummer voted? Mr. Plummer: I didn't vote. He called my name, but I didn't vote. Mayor Ferre: What's your vote? Rr. Plummer: I will vote "no". (ROLL CALL CONTINUES) Mayor Ferre: Do you want to change your vote? Mr. Plummer: Yes, I want to change my vote to "yes" so I can be or, the prevailing side. Mayor Ferre: Plummer vote "yes", Perez votes "yes", Dawkins votes "yes" and Ferre vote "yes", ok. Now, Plummer moves... Mr. Plummer: Now, I make a motion to reconsider and defer. Mr. Carollo: Second. Mayor Ferre: Plummer moves that Item 24 be reconsidered and deferred. It's been seconded by Carollo, further discussion, call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 24 was introduced by Commissioner Plummer, and seconded by Commissioner Carollo, and was passed and adopted by unanimous vote. FURTHER DISCUSSION: Mr. Plummer: I think it's only fair, sir, that the reason we have deferred, that you can go back and tell you hierarchy, is that we would like them to come forth at the next meeting, we would like then, to have more details to show to this Commission what they are intending to do and what we are approving. That's the reason for the deferment, sir. Mr. Hernandez: That's at the meetine of the llth? Mr. Plummer: Yes, sir. Whatever is our next... no, our next Zoning meeting. Mr. Hernandea: Oh, the next Zonine meetine? Mr. Plummer: Yes. 94 JA N 2 819.2 Mr. Hernandez: This is a non -zoning it em, sir. Mr. Plummer: Oh. Alright, well, then on the llth is fine. 25. APPOINTMENT TO ZONING BOARD: DR. WILLIAM PERRY Mayor Ferre: Alright, now, we are on Item 25 "A". NOTE: VICE. -MAYOR JOE CAROLLO NOMINATED BILL PERRY. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTIO14 NO. 82-76-A A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI ZONING BOARD FOR A REGULAR UNEXPIRED TERM RUNNING FROM JANUARY 10, 1980 TO DECEMBER 31, 1982; TO FILL THE VACANCY CREATED IN SEPTEMBER 1981, AFTER WELLINGTON L. ROLLE'S RESIGNATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 26. APPOINTMENT TO ZONING BOARD: (Alternate Member) - MR. OSVALDO MORAPI (To fill unexpired term of Bill Freixas) Mayor Ferre: Item 25 "B". NOTE: VICE -MAYOR JOE CAROLLO NOMINATED OSVALDO MORAN. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-76-B A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI ZONING BOARD FOR ONE UNEXPIRED ALTERNATE TERM RUNNING FROM JANUARY 1, 1981 TO DECEMBER 31, 1983, FORMERLY OCCUPIED BY GUILLERMO FREIXAS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) .95 JA N 281982 Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 27. APPOINTMENT TO ZONING BOARD: MR. ALVARO ROMERO (Expiration of term served by Stephen Carner) Mayor Ferre: Item 25 "C" NOTE: COMMISSIONER DEMETRIO PEREZ NOMMINATED ALVARO ROMERO. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTIO14 NO. 82-76-C A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF 2dIA^:I ZONING BOARD FOR ONE REGULAR TERM RU14NING FROM JANUARY 1, 1962 TO DECEMBER 31, 1984; TO FILL THE VACANCY CREATED DECEMBER 31, 1981, AT THE EXPIRATION OF THE TERM BEING SERVED BY STEPHEN H. CARNER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adcrted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 28. APPOINTMENT TO ZONING BOARD: MR. WILFREDO GORT (Reappointment to new term) Mayor Ferre: Item 25 "D". NOTE: VICE-MIAYOR JOE CAROLLO NOMINATED WILLIE GORT. 09 - s6 J A N 281982 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-76-D A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI ZONING BOARD FOR ONE REGULAR TERM RUNNING FROM JANUARY 1, 1982 TO DECEMBER 31, 1984; TO FILL THE VACANCY CREATED DECEMBER 31, 1981, AT THE EXPIRATION OF THE TERM BEING SERVED BY WILFREDO GORT, JR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 29. DISCUSSION ITEM: ETHNIC COMPOSITION OF VARIOUS BOARDS Mr. P1Lunmer: Now, I want to point out for the edification of this Commission. By virtue of the vote that you have just taken, I want to bring to your attention what in fact, has occurred. There are nine members of this Board, seven permanent, two alternates as I think I recall. Mayor Ferre: No. Mr. Perez-Lugones: One alternate. Mayor Ferre: It's seven and one. Mr. Plummer: I now merely wish for my colleagues on the Commission to remember what I have heard so much about a balance. Nothing was said in anyway, shape or form to balance this board. There is no balance. Mayor Ferre: Well, tell me how you see that. Mr. Plummer: I see that as one Anglo on this board. I see this as two... two Blacks or one Black? Mayor Ferre: One Black. Mr. Plummer: One Black on this board and that would leave six members Latin on this board. I merely wish to call to your attention that in every other board for the past two years, the first and foremost decision was a balance. A balance of the community and in effect, what has happened that was the question was not raised and I wish to call to your attention that in my opinion and I'm entitled to it, the balance does not exist. I hope we will keep that in mind may be on the next board. Mayor Ferre: Alright, Mr. Plummer, I want to point out that there are seven voting members of this board of which unquestionably five or 5/7th of the total are Latin. There are four Cubans and one Puerto Rican woman, ok. Now, there is one Black and there is one Anglo. 97 AN 48 ��82 i .. Mr. Plummer: One Anglo woman. Mayor Ferre: One Anglo woman and one Black. Now, I understand that if we were to have a total balance representation there would be four Latins and 1� Anglos and 1� Blacks, ok. Or 1-1/3 of whatever you want to say. Now,... Mr. Plummer: That's not what I'm saying. Mr. Carollo: Mr. Mayor, if I may ask, wasn't Alicia Baro born in the States? Mayor Ferre: Yes, but she is Latin. I mean, I think we would have to classify... she was born in New York City.... Mr. Carollo: She is of Hispanic origin certainly. Mayor Ferre: Yes, but I think you would have to classify her as a Hispanic woman even though she is New York born. But I think the point is nevertheless, that there are now five members that are Latin of which four are Cuban, one Puerto Rican, there is one Black and one Anglo. Now, I might point out to you that as of the latest... the last census to the best of my recollection sixty-two percent of the population of Miami is Latin. Mr. Dawkins: Mr. Mayor, may I make a statement for the records? Mayor Ferre: Yes, sir. Mr. Dawkins: I too, am disturbed that on three ballots I voted for a Black and on all three ballots only one Black was elected. I, too ran for the Commission on the premise that there be equal representation in the City of Miami and that we as a tri ethnic community should attempt to have some balance, but I have no fear in knowing why there is only one Black. Although, three of us sitting here on this Commission owe our seats to the'mere fact that the Black community turned out in mass for the three of us FLnd I would like for the media to express in your columns and your paper that Miller Dawkins is disturbed that the individuals whom the Black community saw fit to elect did not see fit to give them at least two members on the Zoning Board and that's my personal opinion. Mayor Ferre: Alright, we are now... Mr. Carollo: Excuse me, Mr. Mayor, I would like to make some statements, if I may. Mayor Ferre: Sure. Mr. Carollo: Now, I am getting sick and tired of this really cheap, cheap type of politicing, and J. L., let me tell you some. When the hell have you ever raised your voice when Cubans haven't been appointed to other boards. I have never seen you raise your voice when it's a Cuban that wasn't appointed. When I made a motion to make this City bilingual and bicultural, you, sir voted against it. Mr. Plummer: Correct, sir. Mr. Carollo: Everytime we have made a motion to push something forward that is going to be positive also for the Cuban community most of the time, sir, you have taken the easy road out, made all kinds of excuses, and voted against it. Now, don't play politics with me trying to use the ethnic or background or the nationality of someone at this point and time. Now, if anyone in this Commission was against appointing a Black to any board out of the three appointees that this Commission can make, which the City Manager, City Attorney and the City Clerk, I don't think you would find that the City Manager nor the City Attorney would be Black. And when the main newspaper in this town has come out on record asking for the City Attorney, our Black City Attorney to be fired all the Hispanic members of this Commission have stood by him. The City Manager and he knows it is quite secure in his job and the only reason that he is sitting over there today is because of Hispanic, myself, brought his name out when nobody else would. When J. L. Plummer would not, when even Theodore Gibson would not. So, let's not play politics and let's see realities the way they are. Over sixty percent of this City is Hispanic. Don't tell me about the Zoninq Board now that may be we have half a vote more that is representative of the Hispanic community in the City, when if you look down every other board (Ill th(� key 1-nsitions in the City, all the department heads. Hey, we are way, way 98 JA N 281982 down on the totem pole. So, if we are going to play politics, let's play politics, but let's put our cards on the table and say why we are saying what we are saying and why we are acting the way we are acting. There were two Blacks that applied to the Zoning Board, Mr. Perry which was elected and Mr. Lopez. The only reason... the only darn reason that Mr. Lopez was not appointed is not because he was Black, far from that and a that is known. That's all I have to say, Mr. Mayor. Mr. Plummer: Mr. Mayor, I don't wish to engage into an arguement with Mr. Carollo, but it's obvious that the record has to be corrected. Mr. Carollo: J. L., this is a good a time as any my friend. a Mr. Plummer: Mr. Mayor, I think that I will stand on my vote of today of the names of which I proffered and I will stand on my record of the past. I proffered two names today, both of them were Cuban. Mayor Ferre: You didn't vote for one. Mr. Plummer: I voted for Mr. Morse. Mayor Ferre: No, sir. Mr. Plummer: Yes, sir, I did. Mayor Ferre: Will the Clerk read... Mr. Plummer: I proffered Mr. Morse's name. Mayor Ferre: And then didn't vote for him. Mr. Plummer: I did, sir, he received two votes, mine and Mr. Dawkins. Mayor Ferre: would the record be corrected on that, so I can be corrected? Mz. Plummer: Fine, please do. I will be happy to wait. Mayor Ferre: That's 25 "B". Mr. Ongie: The ballots on 25 "B", Mr. Moran received three votes from Commissioner Carollo, Mayor Ferre and Commissioner Perez. Mr. Morse received one vote from Mr. Plummer and Mr. Lopez received one vote from Mr. Dawkins. Mayor Ferre: I stand corrected. Mr. Plummer: Thank you, sir. Mayor Ferre: I will tell you that if you look back on the announcement that you made, you announced that Mr. Lopez had received two votes. Mr. Plummer: No, if you look on the record he announced... and I will tell you what he announced, that Mr. Morse got two, that's what he announced. Mayor Ferre: No, sir. Mr. Ongie: Mr. Lopez received two votes on 25 "A". Mayor Ferre: But if you will go back and go back on the tape you will find, sir, that when you announced the vote you said that Mr. Lopez had received two votes. Mr. Plummer: To continue, Mr. Mayor. The second person that it was well-known that. I would propose and Mr. Carollo jumped up and proposed the name, which I was happy to see, was Mr. Gort. Mr. Gort has served this City well and I am proud to say that from his initial appointment that he was my choice. I am merely saying, Mr. Mayor and I will repeat what I have said before, that this Commission has always gone to every extreme... Note, I did not vote for an Anglo today. I could have been up here as the so-called--- which I'm not--- the Anglo representative of this community. I represent all of this community. I did not proffer one Anglo name and I would surely feel there will be those in this community who will say you should have been proffering Anglo names. I did not do such. I voted for the people that I thought was best and I will continue to do so. 99 JAN, 281982 30. APPOINTMENT TO PLANNING ADVISORY BOARD: MR. JOSE CORREA (Reappointment to new term) Mayor Ferre: Alright, we are now on Item 25 "E". NOTE: VICE -MAYOR JOE CAROLLO NOMINATED JOSE CORREA. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-76-E A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI PLANNING ADVISORY BOARD FOR ONE REGULAR TERM RUNNING FROM JANUARY 1, 1982, TO DECEMBER 31, 1964, TO FILL THE VACANCY CREATED JANUARY 1, 1982, AT THE EXPIRATION OF THE TERM; BEING SERVED BY JOSE CORREA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 31. APPOINTMENT TO PLANNING ADVISORY BOARD: MR. LORENZO LORENZO-LUACES (Reappointment to new term) Mayor Ferre: Take up 25 "F". NOTE: VICE -MAYOR JOE CAROLLO NOMINATED LORENZO LORENZO-LUACES. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-76-F A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE CITY OF MIAMI PLANNING ADVISORY BOARD FOR ONE REGULAR TERM RUNNING FROM JANUARY 1, 1962, TO DECEMBER 31, 1984, TO FILL THE VACANCY CREATED JANUARY 1, 1982, AT THE EXPIRATION OF THE TERM BEING SERVED BY LORENZO LUACES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 100 JAN` 2$19. Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. NOTE FOR THE RECORD: AGENDA ITEM 27 WAS WITHDRAWN 32. EMERGENCY ORDINANCE: AUTHORIZE ISSUANCE OF $12,000,000 PARKING REVENUE BONDS FOR CONSTRUCTION OF OFF-STREET PARKING FACILITY Mr. Gary: We need Item 29, which is the bond ordinance for the parking garage Downtown. Mayor Ferre: Item 29. Alright, is there a motion? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo, is there a second? Mr. Plummer: Second. Mayor Ferre: Alright, is there further discussion on 29 "A". Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9291, ADOPTED BY THE CITY COMMISSION ON JULY 9, 1981, ENTITLED "AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $12,000,000 PARKING REVENUE BONDS (ADDITIONALLY SE- CURED BY NON AD VALOREM REVENUES) OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING FUNDS FOR PAYING THE COST OF ACQUIRING AND CONSTRUCTING AN OFF-STREET PARKING FACILITY; PROVIDING FOR THE PAY- MENT OF SUCH BONDS AND THE INTEREST THEREON FROM THE NET REVENUES OF THE OFF-STREET PARKING FACILITY SO FINANCED AND CERTAIN DESIGNATED NON AD VALOREM REVENUE SOURCES OF THE CITY; DESCRIBING THE TERMS, SECURITY AND OTHER PROVISIONS OF SUCH BONDS; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; PROVIDING SEVERABILITY; DE- CLARING THE ORDINANCE AN EMERGENCY MEASURE; AND DISPENSING WITH THE READING OF THE ORDINANCE ON TWO SEPARATE DAYS" TO ADD A STATEMENT CONCERNING COMPLIANCE WITH SECTION 218.385, FLORIDA STATUTES IN THE BOND FORM; TO PROVIDE THAT BOND DETAILS MAY BE FIXED BY RESOLUTION; TO ADD TO THE REQUIREMENTS FOR THE ISSUANCE OF COMPLETION BONDS; TO PROVIDE THAT THE CITY WILL ISSUE NO ADDI- 101 JAN 2819812 TIONAL BONDS PURSUANT TO ORDINANCE NO. 7066, ADOPTED ON NOVEMBER 21, 1962; TO CLARIFY THAT THE PLEDGE OF DESIGNATED REVENUES IS SUBJECT TO THE PRIOR CLAIM OF THE CITY'S OUTSTANDING SPECIAL OBLIGATION UTILITIES SERVICE TAX BONDS (SERIES A) DATED FEBRUARY 1, 1963; TO CORRECT CERTAIN MINOR ERRORS IN TEXT; DECLARING THE ORDINANCE AN EMERGENCY MEASURE; AND DISPENSING WITH THE READING OF THE ORDINANCE ON TWO SEPARATE DAYS. Was introduced by Commissioner Carollo and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Carollo and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9370 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. FIX DETAILS: CONCERNING $10,400,000 PARKING REVENUE BONDS APPROVE OFFICIAL STATEMENT FOR SAID BONDS AND DIRECT PUBLICATION OF NOTICE OF SALE OF SAID BONDS Mayor Ferre: And now "B". Mr. Carollo: Move. Mayor Ferre: Carollo moves 29 "B", is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer, further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-77 A RESOLUTION FIXING CERTAIN DETAILS CONCERNIIG $10,400,000 PARKING REVENUE BONDS (ADDITIONALLY SECURED BY NON AD VALOREM REVENUES), SERIE-, 1961 OF THE CITY OF MIAMI, FLORIDA, APPROVING THE OFFICIAL STAT1.'t-1ENT FOR SAID BONDS AND DIRECTING PUBLICATION OF NOTICE OF SALI: 1-117 SAID BONDS. 102 JA N 2 819P" i (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) Upon being seconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr.. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 34. APPROVE AGREEMENT: ISAMU NOGUCHI FOR ARTISTIC SERVICES IN CONNECTION WITH REDEVELOPMENT OF BAYFRONT PARK Mayor Ferre: We have three items to take care of on the City Commission meeting separate agenda. The first one is the agreement with Noguchi to provide artistic services in connection with the redevelopment of the park. Is there a motion? Mayor Ferre: May I ask what the reason for the emergency? Now, it's my understanding that on Zoning meetings we would only hand zoning unless it was an absolute emergency. May I ask what the emergency is? Mayor Ferre: Carl? Mr. Kern: This would be to transfer funding that he has for the two fountains so that he can continue his work on the rest of the park. As you know the City is going out with a Miamarina redesign. The People mover thing has been shifted around. The fountains probably will not go in as privileged Right now we are on a hold position. Mr. Plummer: The question is why can't it be handled at February the llth? Mayor Ferre: Kitty and CArl, the question was asked why can't this be done February llth? Why must it be done today? Ms. Kitty Roedel: One of the reasons is that the City authorized the architects and engineers to begin work in January per their contract. They are now on hold as is the People Mover Station and we are all waiting for the new design. And the quicker the... Mayor Ferre: Now, this has been approved by your Committee chaired by Mrs. Hills, Dan Paul, etc., etc., and the Chamber and everybody now is coming to agreement. Is that it?. Alright, what's the will of this Commission? Joe? Mr. Carollo: Yes, sir. Mayor Ferre: On this Noguchi thing now it's coming to a... and you know, we are at a stand still. Now, does anybody want to... (COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Well, what's the will of this Commission one way or the other? Mr. Carollo: Mr. Mayor, where are we at? If we don't approve this how much money goes down the tubes and we spent already? Mr. Plummer: Hundred thousand. Mi. Carollo: A hundred thousand dollars? 103 JAN 281982 Mayor Ferre: No, a lot more than that. Mr. Plummer: Well, that's what we spent with him. We have already spent a hundred. We are now proposing to spend another hundred thirty. Mr. Carollo: Well, look, I have been, not against Mr. Noguchi, but I have been against the plan that he has presented of Bayfront Park from the start. I think that, you know, it's not the type of plan that, that park needs. I'm against tearing down the library. I have made my position clear many a times. But I think it comes to the point that if you know you have made your point time and time again and you have prevailed on the short end of the stick, then I should go above it and you know, out of courtesy and try to show some unity in thePCommission and I will vote with the majority. So, Mr. Mayor, if you like someone that has voted against it and still against it, I will make the motion to approve it. Mayor Ferre: Alright, is there a second? Mr. Perez: I second. Mayor Ferre: Alright, it's been seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-78 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH THE ARTIST ISAMU NOGUCHI TO PROVIDE ARTISTIC SERVICES IN CONNECTION WITH THE REDEVELOPMENT OF BAYFRONT PARK, USING $130,000 IN MONIES AVAILABLE FROM THE NOGUCHI FOUNTIAN PLAZA INC. ACCOUNT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: t:r. Plummer, 214r. Perez, Vice -Mayor Carollo and Mayor Ferre. NOES: Mr. Dawkins. ABSENT: None. 35. APPROVE AGREEMENT: FLORIDA NURSERYMEN AND GROWERS ASSOCIATION, INC FOR USE OF COCONUT GROVE EXHIBITION CENTER: PERIOD 1983-1992 Mayor Ferre: On the Florida Nursery Growers Association, Mr. Manager? Mr. Gary: Mr. Mayor, we had the opportunity of booking the Florida Nurserymen Association Convention for ten years and even though I had the authority to do that, I thought it was important... Mayor Ferre: Do you recommend this Howard? Mr. Gary: Yes, sir. Mayor Ferre : Do you recommend it strongly? Mr. Carollo: Move. Mr. Plummer: I second it. Mr. Gary: Yes, sir. 1NJ� h �; 2 81� 2 Mr. Plummer: And under discussion, I think we ought to express our appreciation to the people in the Convention Bureau who were responsible for this. Mayor Ferre: Especially, Kaye Hollander. Mr. Plummer: Kaye Hollander, especially and thank them for this kind of thing and hope that they do a whole lot more of it in the future. Mayor Ferre: Is this a good deal for us Howard.? Mr. Gary: Yes, sir, very good. Mayor *Ferre: Alright, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-79 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT WITH THE FLORIDA NURSERYMEN AND GROWERS ASSOCIATION, INC. FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER FOR PRESENTATION OF THE ANNUAL TROPICAL PLANT INDUSTRY EXHIBITION FOR THE TIME PERIOD 1983-1984 INCLUSIVE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 36. ACCEPT BID: RE -ROOFING OF FIRE STATION NO. 15 FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE Mayor Ferre: Now, the Mayo Construction for reroofing Fire Station 15, is there a motion. Demetrio Perez moves, is there a second? Mr. Plummer: Second. Mayor Ferre: Plummer seconds, further discussion? Mr. Plummer: I guess the emergency is that it's leaking. Mr. Gary: Yes, sir, badly. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: 105 JA N 281982 LJ RESOLUTION NO. 82-80 A RESOLUTION ACCEPTING THE BID OF MAYO CONSTRUCTTON INDUSTRIES, INC. FOR FURNISHING REROOFING OF FIRE STATION NO. 15 FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST OF $19,036.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 CAPITAL IMPROVEMENT FUNDS: AND AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 6:30 P.M. ATTEST: RALPH G. ONGIE City Clerk Assistant City Clerk MAURICE A. FERRE Mayor 106 JAN 281982 s 1 2 3 4 5 6 7 8 9 12 13 14 15 16 i�`Y OF MltAMt 1 ;"%990 DOCUMEW IDENTIFICATION GRANT ONE YEAR EXTENSION OF VARIANCE: 148 WEST FLAGLER STREET. RESOLUTION OF INTENT: IMPACT FEES. AUTHORIZE AGREEMENT: COOPERS AND LYBRAND, CPA FOR AUDITING SERVICES FOR FISCAL YEAR ENDING SEPTEMBER 30, 1982. GRANT APPLICATION BY FLORIDA POWER AND LIGHT TO CONSTRUCT SUBSTATION AT APPROXIMATELY 175 S.W. 14TH STREET. APPROVE APPLICATION FOR DEVELOPMENT OF A P.U.N. AT 2721 S.W. 22ND AVENUE. APPROVE CONTINUED "OPENING IN WALL" -CENTRAL SHOPPING CENTER. APPROVE AMENDMENTS TO MIAMI CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER. GRANT ONE YEAR EXTENSION. CONDITIONAL USE. 154 UNIT APARTMENT BUILDING AT 190 N.E. 5TH STREET. GRANT TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT UTILITY EASEMENT TO METRO FOR DUCTS AT FIRE STATION NO. 5 (RAPID TRANSIT PURPOSES). APPOINTMENT TO ZONING BOARD: DR. WILLIAM PERRY. APPOINTMENT TO ZONING BOARD: ALTERNATE MEMBER. Mr. Osvaldo :Moran to fill unexpired term of Bill Frexas. APPOINTMENT TO ZONING BOARD: MR. ALVARO ROMERO/ EXPIRATION OF TERM SERVED BY STEPHEN CARNER. APPOINTMENT TO ZONING BOARD: MR. WILFREDO GORT (REAPPOINTMENT TO NEW TERM) APPOINTMENT TO PLANNING ADVISORY BOARD: MR. JOSE CORREA (REAPPOINTMENT TO NEW TERM). APPOINTMENT TO PLANNING ADVISORY BOARD: MR. LORENZO LUACES (REAPPOINTMENT TO NEW TERM). FIX DETAILS: CONCERNING $10,400,000 PARKING REVENUE BONDS APPROVE OFFICIAL STATEMENT FOR SAID BONDS AND DIRECT PUBLICATION OF NOTICE OF SALE OF SAID BONDS. MEETING DATE: January 28, 1982 COMMISSION RETRIEVAL R-82-61. R-82-62 R-82-63 R082-64 R-82-66 R-82-67 R-82-71 R-82-73 R-82-75 R-82-76A R-82-76B i R-82-76C R-82-76D R-82-76E R-82-76F R -82-77 82-61 82-62 82-63 82-64 82-66 82-67 82-71 82-73 82-75 82-76A 82-76B I 82076C 82-76D 82-76E 82-76F R-82-77 N DEX CONTINUED ITET'! N0. DOCUMENT IDENTIFICATION ACTION PAGE # 2 17 APPROVE AGREEMENT: ISAMU NOGUCHI FOR ARTISTIC SERVICES IN CONNECTION WITH REDEVELOPMENT OF BAYFRONT PARK. R-82-78 82-78 18 APPROVE AGREEMENT: FLORIDA NURSERYMEN .AND GROWERS ASSOCIATION, INC. FOR USE OF COCONUT GROVE EXHIBITION CENTER: PERIOD 1983 - 1992 . R-82-79 82-79 19 ACCEPT BID -RE -ROOFING OF FIRE STATION NO. 15 FOR THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE. R-82-80 82-80