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CC 1991-04-25 Minutes
7 i OF NOING HELD ON APRIL 25, 1991 (PLANNING AND ZONING) d° PREPAR90 BY THE OFFICE OF THE CITY CLERK CITY HALL F` { r '' MATTY H RA city clerk. r9i r4 rx vy{: `�t'i,Y b L • 1 f 6. (A) DISCUSSION CONCERNING STATUS OF THE CHINATOWN PROJECT (ISAAC SHIH) (8) INSTRUCT ADMINISTRATION TO AMEND PRESENT ZONING ORDINANCE TO EXTEND PERIOD OF TIME FOR OBTAINING BUILDING PERMITS AND CERTIFICATE OF USE AND OCCUPANCY (PURSUANT TO ORDINANCES 6871, - 9600 AND 11000). 7e AUTHORIZE CITY ATTORNEY TO INITIATE PROCEEDINGS UNDER CHAPTER 86, FLORIDA STATUTES, TO OBTAIN JUDICIAL DECLARATION OF THE RIGHTS AND STATUS OF - THE CITY AND OF FLORIDA POWER & LIGHT COMPANY (FPL), AS THEY EXIST UNDER TERMS OF A FRANCHISE AGREEMENT GRANTED = TO FPL BY ORDINANCE 9472 — FOR PLACEMENT OF UTILITY LINES IN / ON / UNDER CITY STREETS. 8. APPROVE CLOSURE OF DESIGNATED STREETS, RESTRICTION OF PEDDLERS AND PROVISION OF IN —KIND SERVICES IN CONNECTION WITH: SALUTE TO THE TROOPS — A FLAG DAY CELEBRATION PARADE, TO BE CONDUCTED BY METROPOLITAN DADE COUNTY AND ITS MUNICIPALITIES TO WELCOME RETURN OF AMERICAN TROOPS FROM PERSIAN GULF. 9. (A) DISCUSSION CONCERNING CONSOLIDATION OF OFFICE SPACE IN CITY DEPARTMENTS. (B) INSTRUCT ADMINISTRATION TO PREPARE REQUEST FOR PROPOSALS (RFP) FOR CONSTRUCTION OF A NEW ADMINISTRATION BUILDING. (C)INSTRUCT MANAGER, TO ANALYZE THE TWO PROPOSALS ON HAND (FOR TEMPORARY LEASING) RECOMMENDED BY COMMISSIONER ALONSO AND MAKE FINAL RECOMMENDATIONS — INSTRUCT MANAGER TO NEGOTIATE WITH PROPOSERS FOR BETTER TERMS. 10. INSTRUCT ADMINISTRATION TO MEET WITH REPRESENTATIVES OF THE Z—MART DISCOUNT DEPARTMENT STORE, INC. PROJECT CONCERNING ITS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING REQUEST MANAGER TO REPORT BACK TO COMMISSION ON FEASIBILITY OF LOAN THROUGH CDBG MINI — UDAG LOAN POOL FUND. 11. - GRANT REQUEST BY KIWANIS OF LITTLE HAVANA FOR USE FEE`:WAIVER AT SHENANDOAH PARK IN` CONNECTION WITH A SUMMER u'r BASEBALL' CAMP` - AUTHORIZE TRANSPORTATION `OF INNER CITY CHILDREN.` 12. DISCUSS POSSIBLE ASSISTANCE TO SISTER CITY- SAN JOSR, "COSTA RICA, FOLLOWING RECENT EARTHQUAKE`(Temporarily tabled - see label 24). 13. PERSONAL1 APPEARANCE: MANOLO GONZALEZ CONCERNING ALLEGED POLICE BRUTALITY. DISCUSSION 40-72 M 91-313 M 91-314 4/25/91 i j a M 91-315 72-78 4/25/91 �a R 91-316 78-80 4/25/91 DISCUSSION 80-81- 4/25/91 r' DISCUSSION 81-82 4/25/91 ` >! k, •d J � �f Y' 4�( �t. x �d r 14. SECOND READING ORDINANCE: AMEND 10544 ORDINANCE 82-83 (MCNP) FUTURE LAND USE MAP " CHANCE 10871 LAND USE DESIGNATION AT 3301 S.W. 22 4/26/91 TERRACE (LESS S 11) FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: McDonsld's Corp.). 15. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE 84-86 ATLAS - CHANGE DESIGNATION AT 3301 S.W. 10872 22 TERRACE (LESS S 11) FROM R-2 TWO 4/25/91 FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Applicant: McDonald's Corp.). 16. DISCUSS AND CONTINUE DISCUSSION 85-86 CONSIDERATION OF PROPOSED FIRST 4/25/91 READING ORDINANCE AMENDING 11000 ATLAS, CHANGING DESIGNATION AT 1000 N.W. 1 AVENUE FROM R-4 MULTIFAMILY RESIDENTIAL TO SD-16 SOUTHEAST OVERTOWN PARK WEST COMMERCIAL -RESTRICTED DISTRICT (Applicant: Darrel Zbar) (Continued to May 23rd). KOT L 20. GRANT REQUEST FROM COLLEGE ASSISTANCE R 91-318 96-98 PROGRAM FOR USE FEE WAIVER AT 4/25/91 RIVERFRONT HALL, CITY OF MIAMI / KNIGHT CONVENTION CENTER. 21. RECONSIDER RESOLUTION 91-78 (WHICH R 91-319 98-111 { DENIED APPEAL BY VERONICA NAGYMIHALY) - 4/25/91 AFFIRM ACTION OF ZONING BOARD IN , MODIFYING ZONING ADMINISTRATOR'S DECISION REGARDING LANDSCAPE REQUIREMENTS FOR LIVE OAK CONVALESCENT HOME (2500 N.W. 22 AVENUE) - ACCEPT i LANDSCAPE PLAN, INITIALED BY JOSEPH GENUARDI, ENTITLED: NAGYMIHALY PROPERTIES PLAN OF SASAKI ASSOCIATES, INC., OF NOVEMBER 1, 1990 (as modified). (This issue was tabled momentarily - see label 33.) 22. DISCUSS AND CONTINUE PROPOSED M 91-320 112-114 RESOLUTION CONCERNING CLOSURE OF 4/25/91 t PORTIONS OF N.W. 37 & 38 STREETS BETWEEN N.W. 17 & 18 AVENUES; PORTION OF N.W. 18 AVENUE BETWEEN N.W. 36 & 39 STREETS; AND N-S ALLEY LYING 126' EAST ! OF N.W. 19 AVENUE BETWEEN N.W. 38 & 39 STREETS - AS A CONDITION OF APPROVAL OF TENTATIVE PLAN #1386-A: MIAMI JACKSON HIGH SCHOOL (Continued to May 23rd). 0 23. APPROVE AMENDMENT TO UNRECORDED M 91-321 114-121 1 - DECLARATION OF RESTRICTIVE COVENANTS 4/25/91 RUNNING WITH THE LAND (DATED SEPTEMBER 26, 1985), FOR PROPERTY OWNED BY 3101 ASSOCIATES LTD. AT 340-352 N.E. 32 STREET AND 335-450 N.E. 31 STREET - MODIFY COVENANT WHICH REQUIRES DEVELOPMENT IN ACCORDANCE WITH SPECIFIC SITE PLAN - ELIMINATE REQUIREMENTS CONCERNING STREET DEDICATION - DEDICATE PROPERTY EAST OF STREET FOR A MINI - PARK - CONSTRUCT 4TH AVENUE EXTENSION. 24. (Continued Discussion) WAIVE USE FEE IN M 91-322 122-123 CONNECTION WITH EVENT TO BE HELD IN 4/25/91 BAYFRONT PARK TO RAISE FUNDS FOR SISTER CITY SAN JOSE, COSTA RICA, TO PROVIDE ASSISTANCE FOLLOWING RECENT EARTHQUAKE (See ,label 12). - 25. ALLOCATE'$99100 IN SUPPORT OF THE MIAMI R 91-323 123-124 SISTER CITY DELEGATION VISITING FROM 4/25/91 KAGOSHIMA, JAPAN - GRANT $2,500 TO COVER CITY FEES FOR JAPANESE SPRING - FESTIVAL`TO BE. HELD ON WATSON ISLANp - EXECUTE NECESSARY AGREEMENTS AND INCLUDE .REQUIREMENT THAT ANY PROFITS _ FROM EVENT, BE RETURNED TO CITY FOR THE -. ICHIMURA-MIAMI JAPAN GARDEN. g, k S 1F Y 26. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 245-299 N.W. 55 COURT (FLAGLER MEMORIAL CEMETERY) FROM R-2 TWO FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.). 27. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 121-199 N.W. 34 TERRACE FROM C-2 LIBERAL COMMERCIAL AND R-2 TWO FAMILY RESIDENTIAL TO PR PARKS AND RECREATION AND C-2 LIBERAL COMMERCIAL (Applicant: Planning, Building & Zoning Dept.). [R.K.W.: ROBERTO CLEMENTE PARK] 28. DENY APPEAL AND UPHOLD ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION FOR CONSTRUCTION / OPERATION OF EXTENDED CARE FACILITY AT 626 & 627-699 N.W. 11 AVENUE AND 1058-1098 N.W. 7 STREET (Applicant/Owner: Jorge Lamadrid, George C. Stubbs, and Inter -American Engineering Corp.) 29. APPROVE REQUEST FOR MAJOR USE SPECIAL PERMIT FOR ST. HUGH OAKS PROJECT (23 SINGLE FAMILY RESIDENTIAL UNITS) AS A PLANNED DEVELOPMENT OVERLAY DISTRICT (Applicant: Dept. of Development & Housing Conservation). [R.K.W.: Affordable housing, Coconut Grove] ORDINANCE 10873 4/25/91 30. SECOND READING ORDINANCE: AMEND 11000 - DELETE `ARTICLE 7: HC HERITAGE CONSERVATION OVERLAY DISTRICTS - SUBSTITUTE NEW ARTICLE 7: HP HISTORIC PRESERVATION OVERLAY DISTRICTS - PROVIDE FOR INTENT, 'APPLICATION AND EFFECT OF DISTRICT, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, ADDITIONAL USES AND DEVIATIONS; APPEALS, etc. (Applicant: Planning, Building & Zoning Dept.) 31. SECOND READING ORDINANCE: AMEND CODE - ADD`- NEW CHAPTER 23.1: HISTORIC PRESERVATION - PROVIDE FOR: INTENT AND PURPOSE; DEFINITIONS; HISTORIC AND ENVIRONMENTAL PRESERVATION'BOARD etc.; DESIGNATION OF HISTORIC SITES AND DISTRICTS, AND ARCHEOLOGICAL ZONES; CERTIFICATES OF APPROPRIATENESS, etc. - AMEND CHAPTER-62 BY DELETING ARTICLE VI (HERITAGE 'CONSERVATION BOARD) AND SUBSTITUTING' NEW ARTICLE VII: HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD - =. PROVIDE FOR ESTABLISHMENT; MEMBERSHIP; FUNCTIONS, POWERS AND DUTIES.; etc. (Applicant: Planning,' Building &'Zoning .._ fi 32 SECOND READING' ORDINANCE: RENAME ENVIRONMENTAL PRESERVATION DISTRICTS AND SCENIC TRANSPORTATION CORRIDORS ATLAS; OFFICIAL HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS - 3` n RELOCATE INTO SAID NEW ATLAS THOSE PROPERTIES NOW DESIGNATED AS HC-1'AND a y" x� ORDINANCE FIRST READING 4/25/91 R 91-324 4/25/91 R 91-325 4/25/91 124-125 126 127-133 133-182 ORDINANCE 183-184 10874 4/25/91 ORDINANCE 184-185 10875 4/25/91 ORDINANCE 166-�187 10876 4/25/91 }sY S. a J y HC4 OVERLAY DISTRICTS IN 11000 ZONING ATLAS ACCORDING TO HISTORIC CLASSIFICATION - RETAIN DESIGNATION IN SAID ZONING ATLAS OF ALL PROPERTIES SHOWN AS HC-2 OVERLAY DISTRICTS IN ADDITION TO THEIR BEING INCLUDED IN THE HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS, RENAMING SAID HC-2 OVERLAY DISTRICTS IN THE HISTORIC / ENVIRONMENTAL PRESERVATION ATLAS AS: HP OVERLAY DISTRICTS, WHILE RETAINING THEIR UNDERLYING ZONING DISTRICTS (Applicant: Punning Building & Zoning Dept.). 33. (Continued Discussion) DENY APPEAL BY R 91-326 VERONICA NAGYMIHALY CONCERNING PROPERTY 4/25/91 AT 2500 N.W. 22 AVENUE (LIVE OAK CONVALESCENT HOME) - AFFIRM ZONING BOARD'S MODIFICATION OF ZONING ADMINISTRATOR'S DECISION REGARDING LANDSCAPE REQUIREMENTS - ACCEPT LANDSCAPE PLAN, INITIALED BY JOSEPH GENUARDI, ENTITLED: NAGYMIHALY PROPERTIES PLAN OF SASAKI ASSOCIATES, INC., OF NOVEMBER 1, 1990 (as modified), AND AS FURTHER MODIFIED BY AGREEMENT BETWEEN DADE COUNTY AND VERONICA NAGYMIHALY (EXHIBIT A), SUBJECT TO EXECUTION OF VOLUNTARY DISMISSALS BY NAGYMIHALY (EXHIBIT B & d%% AM CII0_7CPT Tn DCrCTDT nC rummai 187-195 M 36. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ARTICLE 4 ZONING DISTRICTS 10878 RESTRICTED COMMERCIAL PRINCIPAL USES) TO ALLOW BIBLE STUDY CLASSES; (CONDITIONAL ACCESSORY USES) TO PERMIT ALUMINUM RECYCLING MACHINES; (OFF-STREET PARKING REQUIREMENTS) TO PROVIDE REQUIREMENTS FOR BARBER AND BEAUTY SHOPS AND MEETING HALLS; CBD CENTRAL BUSINESS DISTRICT; TO MODIFY INTENT, SCALE, INTENSITY, PERMITTED PRINCIPAL USES, PERMITTED ACCESSORY USES, CONDITIONAL PRINCIPAL USES, CONDITIONAL ACCESSORY USES, CLASS II SPECIAL PERMITS AND OFF-STREET PARKING REQUIREMENTS; ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), ACCESSORY BUILDINGS, etc. - BY PROVIDING FOR NON - HABITABLE ACCESSORY STRUCTURES AND LIMITATIONS ON LOCATION, TO ALLOW ACCESSORY STRUCTURES TO BE LOCATED CLOSER TO THE STREET; FENCES, WALLS AND HEDGES, TO LIMIT HEIGHTS AND OBSTRUCTIONS IN VISIBILITY TRIANGLES IN NONRESIDENTIAL DISTRICTS; ADD NEW SECTION TO PROVIDE STANDARDS FOR ALUMINUM RECYCLING MACHINES, etc. (Applicant: Planning, Building & Zoning Dept.). 37. SECOND READING ORDINANCE: AMEND 11000 - ARTICLE 4 ZONING DISTRICTS: C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ADD AMBULANCE SERVICE AS SPECIAL EXCEPTION, AND PROVIDE FOR EXPANSION OF EXISTING AMBULANCE .SERVICE BY CLASS II SPECIAL PERMIT, etc.; C-2 LIBERAL COMMERCIAL - TO ADD AMBULANCE SERVICE, AND C-2 SIGN REGULATIONS, TO ADD SERIES OF SIGNS AND THEIR LIMITATIONS; ADD NEW SUBSECTION TO PROVIDE LIMITATIONS ON LOCATION, ORIENTATION, SPACING, HEIGHT, TYPE AND EMBELLISHMENTS OF OUTDOOR ADVERTISING SIGNS (BILLBOARDS) WHICH ARE LOCATED WITHIN 660 FEET OF LIMITED ACCESS HIGHWAYS AND EXPRESSWAYS (Applicant: Planning, Building & Zoning Dept.). r` 380 DISCUSS AND CONTINUE APPEAL BY COCONUT GROVE CIVIC CLUB OF ZONING BOARD'S DECISION TO REVERSE ZONING ADMINISTRATOR'S ` DECISION THAT AN ' APPLICATION FOR HEARING BEFORE HERITAGE a' CONSERVATION BOARD DID NOT MEET REVIEW REQUIREMENTS UNDER ORDINANCE 9500 (Continued to May 23rd) (Applicant: DeGarmo Partnership Ltd.). 198-200 �s`�x� a%a.`4 s yt 5 �, t� p j t. i-., . sec2,r,} *w,�awgrFrt ai 1 4: r e < as r .;y ti l.Us " YYi14 iY1r Y(i i11f — Yr,IY—iiir WiYYiW i�YIYYYW-iYW-HAW iLiY�.irh�Y �'}�WWiiiYr Wi•�`�—W-----r------iw--------fY--itW Wink- 2. BRIEF STATEMENTS AND WITHDRAWAL OF PROPOSED RESOLUTION ACCEPTING BIB FOR ►. ORANGE BOWL MODERNIZATION PROJECT PHASE II (1991) (SECOND BIDDING) 8- 3231-C (Project 404238). k F �—-——--------- �iYiiiiiiL6�WJli��ir�iir�iri YiiYi—iiY�f�liw�Y �iY��rrY�----rr-------�i�r----- 1—ii�Y�WY------- i C Mayor Suarez: Sir, you represent one of the...?_ Mr. Charles Flaxman: Yes, Mr. Mayor, I am Charles Flaxman, lobbyist on behalf of Danville Findorff, item number 4, on the agenda. White this matter has been withdrawn, I would like permission to make a few comments into the records. Mayor Suarez: OK. Make them briefly, please, and then the Commission may want to inquire. Mr: Flaxman: Thank you very much. Member of the Commission, with respect to I item number 4, and awarding this bid to... I y a Ms. Miriam Maer: Mr. Mayor, this is one of the item that has been withdrawn at this time. Mayor Suarez: Do you deem improper any comments that he makes why the item should not be withdrawn, because it seems to me that it would help to preserve our record to have his comments at least, on the record. That's what we have done in the past. Ms. Maer: It would be my advice that if the item has been withdrawn, there is no reason to have the presentation today. Commissioner Dawkins: Especially since they have a court reporter, Mr. Mayor, It's obvious that they are building a case, or something, I don't know, so. Mayor Suarez: Procedurally, I'll tell you what. Just tell you statement, and put it on the record that we've deemed that the Manager has pretty much the unimpeded right to with an item. If no Commissioner, has any objections to it, -and so far, none has voiced it, I don't know that the matter is properly before us. But if you think that that's somehow an incorrect understanding of our procedures and our charter - actually, as it turns out, it may not be :a procedural battle here, because I am interested in knowing why the item was rj withdrawn frankly. And so, at least as to myself, and maybe at least,one : otherCommissioner, there may be questions. I am very interested in knowing whythe item is withdrawn, so. Mr. Flaxman: Well certainly. I would like to be heard in any event since - not so much making'a record for any imagined or actual litigation. Mayor'Suarez: Is the court reporter here on your behalf? May we at least`.:.? Mr. Flaxman: Yes, he is. 'x MayoriSuarez: OK. All right. Why don't you make your statement, because I actually have questions about it myself. Mr. Flaxman: Yes. The statement will be... Commissioner Dawkins: But are you going to ask questions to be recorded also? Mayor.Suarez: Yes,; yes. Canis loner Dawkins:. Or, by the court reporter? Mayor Suarez: Yes, yes: ft Comiseionpr Dawkins: Well, ,you know,, what I would have to say, that I would �,. �agt�est, Mr, Mayor, that we do not do this, because agree with you, I do sw,e gd4stlons;:ut I don't plain to.ask any questions ar�d gat any answrs.with, � 4 ipertei� tak d Qwr�'tnin9s that's going to prolong,-,., I mean. we do" Jolla } end I th i r! Mr. Mayor, that YOU 46 the > Mayor, should , 1 i t dawn and toll � the manager you want it done. And .then c bkok= F� j. d Rg _ L f! :April 19 Ltd s j F f ndF. t o 'fit E R F' 1� om Kim7 and tell us, that this is what I have done. Because if this, in my opinion, gets tied up in litigation, like this, it can impede our progress, and we will not have the stadium ready on the day that we want it on. And that's just my...t Mayor Suarez: OK. And let me do this. I am going to take his advise as to - my questions. Just make your statement. We deem our record to be an official record. Obviously, we can't prevent you from recording it. So, make your statement, and I will refrain from asking questions, but I'm going to tell the Manager precisely what Commissioner Dawkins said in private, and try to figure out 1f we can't work our way through this thing very quickly. Go ahead, sir. Just make your statement so that we don't get into a battle over procedure here. Mr. Flaxman: All right, well my name is Charles Flaxman and address, 2600 Douglas Road in Coral Gables. If it pleases the Commission, we can have the court reporter removed if that would remove the impediment in having further discussion on this matter. I don't know what the Commission's pleasure.is. It's not an essential element of my statement. Would that change the Commission's position with respect to any questions that they would like to ask? Vice Mayor Plummer: Not mine. Commissioner Alonso: Not mine. Mr. Flaxman: All right. Then, we would just proceed with the court reporter. Vice Mayor Plummer: He has got to make a living. Mr. Flaxman: All right, thank you. With respect to this matter - I'll be very brief. As the Commission knows, a very brief history the last time this matter came up for bid, all the bids were thrown out because of the lack of attendance at a prebid conference, and apparently that was deemed very important to the Commission, because when it was advertised again, in the advertisement specifically, enumerated in the advertisement, was the requirement that there be a prebid conference and that all eligible contractors attend said prebid conference. And it turns out that in this instance, the lowest bidder apparently, did not do that. That's undisputed.' And we.belIeve that that is not something that can be waived. That is a substantial deviation, it is something that was required by the advertisement for bid, and as such, and I just want to cite into the record very 'quickly, the case of Robinson Electric versus Dade County 417 Southern Second 1032, where it ,specifically indicates that you cannot waive something that is substantial and required, and in this case, the City made it very clear when they advertised for bid, that they wanted attendance at a prebid conference. And as such, we believe that when this matter is put back on the agenda, that serious consideration should be given to the fact, that all qualified bidders, should attend this prebid conference, so that the City can know who is qualified and who is not qualified. And that is basically the gist of our position at this time. Vice Mayor Plummer: For the record, Mr. Manager, the word should, is not - mandatory. Ms,, Natty Hirai: Commissioner, the microphone. =' Vice.Mayor-Plummer: Shall, is mandatory. What wording was in the bid, just for my edification? Mr..Odio: Mandatory. r_ r Vice Mayor Plummer: It was.,. where it says, "shalt attend." Mr. Odio:.:It was mandatory, 4 Mr, Flaxman: i would like to show if you are interested.,. ioe yor PlUmmer; Sir, thank you. I pay the Manager too moth money t4 be r4 Y_140*; and 'that! s who I asked the question ot, Thank you. .f e F3�.�ti" B Y ]t. 3 April Mayor Suarez: OK. Is there any... just for the record, is there any attorney or individual representing any of the other bidders, so we have them on the record? Sir. k 1, Mr. Major E. Threlkeld: Major Threlkeld I am with Met Construction. I wa9.66 j Mayor Suarez: You might want to move that mike over to you a little closer. i That's it. } Mr. Threlkeld: I was the low bidder. ' Mayor Suarez: Could you give us an address? - so we have on the record a formal way of notifying you. Mr. Threlkeld: I live at 498 NE 50th Terrace. I wrote each one of you Commissioners a letter. I had a representative at the meeting, and was entered into my bid. My son got back from the Persian Gulf and I had to pick him up. And I made it known, I was at the Orange Bowl working that day. I was there that morning. People in this room saw me. I attended the three ' previous prebid meetings on the previous job. And I had the affidavit from l the individual who appeared for me. He did not list Met Construction, however, he will testify that he appeared for me. You have a good bid, and if you expect to get the job done, you need to award the job today. There is not enough time. Thank you. Mayor Suarez: OK. Thank you, sir. All right, thank you folks. 3. SECOND READING ORDINANCE: AMEND CODE SECTION 50-2 PROVIDE FOR ENLARGED BOUNDARIES OF PROTECTED OR RESTRICTED ANCHORAGE AREAS WITHIN DINNER KEY MARINA YACHT AREA BASIN, AND BAYFRONT PROHIBITIVE ANCHORAGE AREA (NAME BEING CHANGED TO: MIAMARINA BAYFRONT PROHIBITED ANCHORAGE AREA) ----------------------------------------------------------------------- Mayor Suarez: Item 1, emergency item. Second reading, rather. Ordinance amending 'Code of the City of Miami, providing for enlarged boundaries protected,: restricted anchorage areas within the Dinner Key Marina Yacht -Area Basin. Maywe just go' ahead and put in the record,'- on behalf of the Waterfront Board, that this is favorably recommended out of the Board. Who is the chairman now?I,see two heads nodding. OK. John Brennan. Ms., Diana Molinari: Mr. Mayor. Mayor Suarez: Yes, ma'am. Why 'don't you move that mike a little closer to Your . th8t's"it. Ms. Molinari: ;,I asked permi'ssion'to speak, Mr. Mayor. s Mayor Suarez: Yes,-go'ahead, and give us your name and address please, and your interest in the item. Ms, Molinari: ,Diana Molinari, 3400 Pan American -`Drive. I,am with the Dinner �f Key Anchorage Association, and 'I have a letter- here from our lawyer, Howard . Sutte'6,-Wh11'ch.we would like tohave read into the record, ! Mayon Suarez: OK, and if you want to paraphrase it, we care have it officially y inserted into the record without having to read the entire letter, I don't know how long it is. Ms, Mol'ina�rI': It's very short. Ma�+or Suarez. OK. Then, shoot. drfs= K f lbs.gl inari I have Some +copies Here for the Commissioners. � � Yeo s41d490 Pan AmeriC811 pr1Ve� - �✓F }����w z +`�.p"' .^.�-�iC�, �-¢ 4`mi a +�'.i A y:: •. t { 4� ,.,T" ti .�a�`r. raAgri s , p L yy �,�ya. jr t r}p r t'a 1-1jj aj a f aid l� Y; �'� c"Oto,, y ( +.� 6„ s s"' y �., '� LM l; f3,5"s y Mayor Suarez: What is that? MS4 Molinari: That is the address of the Dinner Key Marina. Mayor Suarezt OK. So somebody is receiving mail at the Dinner Key Marina? Ms. Molinari: No. We're not receiving... we don't receive our mail their. We use that as our address. Mayor Suarez: How interesting. Ms. Molinari: But we receive our mail... Mayor Suarez: So you use the address of the Dinner Key Marina. Ms. Molinari: We were directed to do that. I am not the person to respond to that. Mayor Suarez: OK. What an interesting bit of information - in relation to your argument. Go ahead. Ms. Molinari: OK. This is in reference to the proposed Anchorage Boundary Ordinance. "Dear Mayor, and Commissioners, the purpose of this letter is to take the place of a personal appearance while stating our opposition on the record to the proposed Anchorage Boundary Ordinance. It is our position that the proposed anchorage boundary is an illegal exercise, or attempt at exercise of jurisdiction over these waters. It is our position, that any anchorage must be created through the Federal DOT application process. At the time this matter was last scheduled for reading at your request, and by agreement, the City Manager asked for a delay so that we - could meet with the appropriate parties to discuss our objections to this ordinance. At that meeting, our primary inquiry was what is the purpose of this proposed anchorage boundary? There 'were four, individuals- from various departments present, plus Mr. Kurtz, as the attorney. None could, or would tell us what the purpose of 'this ordinance is: The only individual who offered any suggestion of the =` purpose was Mr.. Alfredo Rodriguez. He stated that the purpose, was to — manage the anchorage. When asked to explain what he -intended by -that phrase, he could offer no further detailed response. It is a fundamental' f precept of the establishment of law, rule, and regulation, that its purpose.be made clear. It is fundamentalthat this Commission,know`and the=public have a right to know, what'its government intends to do:with ' any proposed rule.. This concept Is so fundamental, that any attempt at r enactment of this ordinance,'is in our opinion, fatally flawed. So that you can :each be made aware of the areas we covered, I wi 11 outl i ne them' here... One, regulation over navigation. This is not available` -to the ':Ci y since extensive federal inland and international rules of the�road pollution. Again, g '- already exist. Two, regulation over p extensive and far. 'more'.stringent federal regulation in this area already exists, r; .Three, marine sanitation devices. Same as number two above._ While the „Y f P passage of this ordinance .might' not itself cause a ripened Issue,;;any F . ' <. attempt at specific enforcement sure would. In the absence, which. .:`appears .' -to be total, ' of any bonafi de purpose, we , ask that this Commission refuse to enact the proposed anchorage boundary as an, - the, City of '.Miami. I thank you for your, time and consideration of this matter, sincerely, Howard Sutter." Mayor-Suarez: All right. What is the purpose of the ordinance? , MrVi Alberto Ruder: The purpose of the ordinance right now, `is to redeffifte "the n boundaries, because the last time... the boundaries in the books were done` �beek:-iii '167�.'' f 4 } „1.5y1y 4 :. layer3 uefe .3o� we redefine the boundary for it now. What is ,the per use pil'�sf�edefl ng the'boundaries7 ur M#T� !�fk c5f74s; }�} R Rredefining he boundaries is, to reflect what, i � ►a�i' t l t�da l 5 WR?rido And 1n the future,,- irocei�+d t#trugph 3x 3y k� �? ' r yi#ar ►/�W ncjQ+at are to /tarQy.. to got psome Aty/pR��f,p�onto Q� tee � a �i i biE iRfl n' IR�R 0 shed sl es gn+ll t �tg'4 1R 1th#I#mg } 5 Apt i *a} f W+ � .,� >!. WSk .�.::i+•.�v.�..u.,c. a,..i hd :.,4a '�.�rttdf';��es,�.na� r�., �,f��ri d YV. j. Mayor Suarez: The ordinance right now doo y g es not do any of that? Does not prescribe any administrative controls, rules, regulations, standards, or otherwise? + Mr. Ruder: Right. The ordinance only redefines the boundaries at this time. Mayor Suarez: It's got to be the world's least active ordinance that I have ever heard of. You've heard him - wants to define an area, I suppose, from your perspective, isn't all that... Ms. Molinari But they are enlarging an area that has restrictions. Mayor Suarez: Yes. We certainly have a right to do replatting... Ms. Molinari: So we need to know why? ,x Mayor Suarez: ..... as Vice Mayor Plummer is saying, we have a right to define areas for future possible regulatory purpose, who knows. I don't know that this is the right time to argue all the points that were made by your t i counsel. Ms. Molinari: Right. I am not the one to do that. Mayor Suarez: Yes. But certainly, they are in the record, they are noted, and for myself, when and if you have in mind to do all these regulations, why not, as the letter states, let the authorities that have more of that domain within their expertise, environmental, maritime, et cetera, do the regulation? _ Mr. Ruder: Well we intend to do just that. We intend to work with every other agency. Mayor Suarez: And we tell them, we have defined this area, we have found certain concerns, the Waterfront Board obviously is concerned about it, and we, about the impact to our marina, and to our waterfront, et cetera, but we would like the proper authorities to maybe take control, and exert their domain, so that we don't take your time, his time, her time, his time, the Manager's time, and all of our time, when we hopefully, and I hope I'd speak for the rest of this Commission, and if not, I'm sorry, I don't mean to 0o so, — are not spending all your time on what we would like you to be doing, -which is taking of our parks, and our kids, and the liveaboards, and the.anchorage you know, not the highest priority for me. I'll have to te11 you that Mr.' Manager, that's the way I feel. And all of this and projected litigation, I mean - I love' the Waterfront Board folks, you guys are great, you do a great job, and I hope you keep monitoring what's going on out there, but if we are going to have litigation over maritime jurisdiction, and a11 of that, that's -certainly something-that.I don't know that this Commissionought to really look forward to, when we've got other things that all these gentlemen and, ladies could be doing. Yes, sir. Commissioner Alonso: That's right: Mr. 8111 Yanny: Good morning, sir. Commissioner Dawkins: Pull the mike up. Mr#;Yanny: i would like to introduce myself. Oommissioner Dawkins: Pull it up, sir. M¢.NYanny:.:My name is Bill Yanny, I am commodore of the Coconut Grove Sailing Club, and, the Coconut Grove Sailing Club feels that all of this should pass. Mayor Suarez: Very good.' Thank you. And of course, all the sailing clubs } tlpt , acre formally there in—existence,in-existencell again,' like the Waterfront Board can be irery.helpful RtQ-us In monitoring enforcement of things that already exist, and bat. Ooul+ be certainly enforced -sanitation, et cetera, All the thing that r g =put in the letter ma' mm, Apa�r ns + u • A t�, e 4 aKa�l�i idiir 4, rr f N4yMr# I to k1V d ;5 r G 4ry r d r LrM .a t f •rt �c w + Mayor Suarez: So moved. Commissioner De Yurre: Second. I was going to move it. Mayor Suarez: Second. Any discussion? If not, please read the ordinance. - Call the roll. AN ORDINANCE AN ORDINANCE AMENDING SECTION 50-2 OF THE CODE OF THE CITY OF MIAMI* FLORIDA, AS AMENDED, BY PROVIDING FOR ENLARGED BOUNDARIES OF THE PROTECTED OR RESTRICTED ANCHORAGE AREAS WITHIN THE DINNER KEY MARINA YACHT AREA BASIN AND THE BAYFRONT PROHIBITIVE ANCHORAGE AREA, WITH THE NAME OF THE LATTER AREA BEING CHANGED TO "MIAMARINA BAYFRONT PROHIBITED ANCHORAGE AREA"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of December 6, 19900 was taken up for its second and final reading by title and adoption. On motion of Vice Mayor Plummer, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and f;inai reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins 10 �1 Commissioner De Yurre: Let me get into mine► I've met... during... since the last meeting, I've met with the representatives of CODEC, and were able to sit down and look at all the issue that are pertinent to me, as far as the economic viability of the project, and the procedure for construction. And ,. what has been expressed to me, I want it to be put on the record because that is what is making me vote favorably for this project. Concerns that I have had, deal with the sales price of the units " what are they going to be selling for. And I will like to put on the record, the sales price of the three different types of units that we are going to have. What are the sates prices that we're going to have? Mr. Ferro; OK. We will provide them to you. We don't have them right here. Commissioner De Yurre: Well, you said it was like sixty-seven, fifty-five, sixty-three - I've got them here, how can you not have them there? Mayor Suarez: Give us a range. Yes, I mean, you should them memorized Jose, I mean, the whole idea is to make available affordable housing. We have had some great battles up here. Commissioner Alonso: Just an indication. i Mr. Ferro: Fifty-five thousand for the two bedroom. Sixty-five for the three bedroom, model B, and sixty-seven for the three bedroom, model C. Commissioner De Yurre: OK. Now, what is going to be the PITI (Principal Interest, Taxes and Insurance)... Mayor Suarez: That's the relevant question. Commissioner De Yurre: ... and the maintenance cost? Mayor Suarez: That assumes surtax? It's like a mortgage? i' Commissioner De Yurre: It assumes everything. And I think it's... I Mayor=Suarez: With the full subsidy, with the full financing plan to make it affordable. Because the prices you've given are not affordable to most people j that live in that area. -! Mr. Ferro: Commissioner, that will depend on the income of the family. Mayor Suarez: You've got some calculations, do you not? Commissioner De Yurre: OK. But.give me a max. I want to deal with maximum, so I know that it can't go beyond that amount. Commissioner Alonso: Are they going to be below five hundred? Commissioner`De Yurre: Yes, they are all going to be below. I just want to make sure they stay below. Mr. `Ferro; Oh, they will all be below five hundred, Commissioner. Commissioner De Yurre: OK What is it going to be for the model A? - the -' maximum? Mayor Suarez: We are not going to hold you to an exact estimate, but give us at"-least'a rough figure. Yios°Mayor Plummer: I'll hold them to an estimate, I won't hold them to a number, . J. 'w Mayor Suarez;'That's right. That's another way to phrase it. Mr.°ferro; A family who makes sixteen... i-#sX elsiQnory'Dawkins:° Pull the mike up please. `d S #i"i ftsnmissii►r�er, ' a family. who. makes sixteen thousand dollars Qu Ray, approximately three hundred and fifty dollar sQ)per. ¢,ago the ;two bedroom unit, 4 '^G April 250 1991 ' 5 i, t ,yt'rtlf L h y f f ,' 5Ti` S' x Mayor Suarez: Principal, interest, taxes, and insurance? Commissioner Dawkins: OK. But how many rooms? Mr. Ferro: Two bedrooms. Commissioner Dawkins: All right, see. So now, you have put this out W because see, you keep telling me sixteen hundred, and a person comes with four children, and they can't live in a two bedroom apartment. So what are we _ saying? So now, all of them are two bedroom apartments? Commissioner Alonso: No. Mr. Ferro: No. There are three bedroom apartments, sir. Commissioner Dawkins: Beg pardon? Mr. Ferro: There are three bedroom apartments, Commissioner. Commissioner Dawkins: There are three bedroom apartments. All right, what the rental for three bedrooms? Mr. Ferro: The range would be about four hundred and fifty dollars ($450)9 Commissioner, for the same type family, making the same sixteen thousand } dollars -a year, which is fairly lower. Commissioner Dawkins: OK. Then how... pardon me, Commissioner. How do you j adjust the sliding scale then, because we are sticking with sixteen thousand dollars ($16,000) but you are not saying that, if this same family earns eighteen thousand, then the rent will go up to 'X' dollars. And you are not saying, that if this family who needs the three bedrooms is making twenty thousand dollars ($20,000) a year, then the rent slides to this. I need that. Commissioner Be Yurre: Well let me ask. What's the maximum? Mr. Ferro: Commissioner, that is based on a formula that needs to be i calculated for:each:family depending on the need. Commissioner Dawkins: Give me the formula. I mean, I didn't take much h: algebra, but -if you give me a formula, I would know how to put numbers in a formula, and come up. with X. And by the way, the Mayor said we've got all f ds of.'com uters to. ut� these formulas into. Y a�� jy kin_ P P .. Commissioner Alonso: Is this a federal government formula, isn't it? What do �< }# we >appl-y i n .these cases? j Commissioner De Yurre: Let me.. why can't Mr. Fabregas sign...? Mr Ferro: OK. It is.a formula based on surtax criteria, and a1.so, on' the g ' bank criteria, that is going to be doing the part of the financing for the s }loan on :th1 s.. f } t, CommissionerDawkins: �.Pardon,me again.Mr--De Yurre. Mayor<.Suarers. Give us the.formula. �y1 4 'M {pGF 1 b 7 R Commissior�er Dawkins:: No, no." ' Commissioner Alonso: An approximate amount.` Yi # Mayor Suarez: Then, an approximation. ' nr+nissoner, Dawkins:- What assurance are you giving me that everybody- whom fiw } Ygu _way ; Q, rant" to i s going to. be card f i ed by the bank? Bocapse you ju$t tpd me, the bank is the criteria. And all of us in here.who know, all fittc f V s,-74W o„h tre %ent dead g vith affordable -housing, when-the',pegplerwhom we TKO` " 5iio� fat: thefe, ,tb+s�r pan! t gUalifyr at the bank. So now, how ire you u p . ' _ ! } yg p io that? and then I finished,1r. ommissioner. SS i t o 1 L SA-1v'1� � Mr .+`• 4gi C Ry1 jf i` i F Yti , Mayor Suarez: Mr. Gonzalez. Sir, we know of your interventions recently at the Southeast Bank stockholders meeting. I presume there, they follow a certain agenda in a certain order of business. We follow one here, so please, do not speak out of turn. That nice officer back there that is smiling at you, would not want to remove you. If you want to speak on an item like you did last week, we'll be happy to hear you at that time. Go ahead. Mr. Ferro: Again, Mr. Mayor, and Commissioner, the formula which we obviously you know, cannot provide you with right now, is based on a number of factors having to do with surtax criteria, and bank criteria. Mayor Suarez: See the problem Simon, is that when Jose comes to tell us about the project to get us excited, and to get us to make available this land at a very low price, et cetera, et cetera, he gives us all kind of estimates. Now, all of a sudden, for some reason, they are not coming forward. Why don't you give us the estimates again, just to put them on the record, so we have something that we can hang our hats on? He seems to always have the figures. My God, I am sure you made presentations to the Surtax Board, and... Commissioner De Yurre: Mr. Mayor, do we have a problem with Mr. Fabregas speaking? I mean like, do we have to do a waiver or something, so he can speak up? Mayor Suarez: I will be more than willing to do a waiver for Mr. Fabregas. Ms. Linda Kearson: It would have had to have been... he can't talk. Commissioner De Yurre: What's that? Ms. Kearson: Mr. Fabregas. - 1 Mr. Ferro: I think that would make things a lot easier. 1� Mayor Suarez: It's not waiveable? Ms. Kearson: It's not waiveable today. It has to be advertised first. Commissioner De Yurre: What?- for him to speak? Mayor Suarez: OK. Will somebody give the information to the counselor, or somebody that can address this proper. j` Commissioner De Yurre: Simon, lets do it differently. What is the highest income that is allowed for this project? Al Mr. Ferro: There 1s no limit on high income. The low end of the scale is... `. Commissioner De Yurre: -... 1s sixteen thousand. . Mr... Ferro: ...:is sixteen thousand dollars ($16,000) Commissioner De Yurre: Let me ask you. Are you telling me then, that if we k} have fifty families that come in that each make a hundred thousand dollars (,$100,000) because they are going to be paying so much higher, then you give !' them firstoptions, and then all of a sudden, it's not affordable housing, r at s•you know, moderate income housing. How do we control that? 1 Mr. Ferro:. By•federal-law, according to Mr. Fabregas, we cannot prohibit or ,.,. 11imlt the extent of the income. We can have a bottom line, but we cannot say, somebody who earns a hundred thousand dollars ($100,000) cannot come into the 5 program. Commissioner De'Yurre: .Now, the bank is theonethat approves? e ,. f. Unidentified Speaker: Surtax and the banks. : Cemnlissioner De Yurres OK. But if the bank says no? If one of them says no, t�F k'n� ahell ahat'_s foie that appl Ration, right? y 14Bttit t ppgkgr. If the people do not :qualify, that's why we have t►ojr � .jportgage interest down. That's why. we . are buying, i n- Order to.. } } r= r��.t �k'.�� 3. ��"�Ssf `i •'.nR.r yap :x,r: ; ��'.-- = yw i' 'ate }ter. a J ht � Mr. Ferro: I apologize for the way we are doing this. If Mr. Fabregas could address the board, and I don't know whether he can or not, I think it would make 1t a lot easier. Vice Mayor Plummer: He cannot. Mayor Suarez: We've already got in the record that he cannot. Mr. Ferro: That he cannot? OK. Again... Commissioner Alonsot To make thing a tittle bit easier. Mr. Ferro: Yes. Commissioner Alonso: Why don't you give us an indication. The two bedroom apartment - houses, give us an indication of what's going to be the monthly payment? Maximum, maximum. Commissioner De Yurre: No, but the problem is, that it depends, but... Commissioner Alonso: And also... Commissioner De Yurre: It depends, because if it's a hundred thousand, then it will be a hundred and fifteen hundred dollars. Commissioner Alonso: Well the problem is, I don't think we are going to subsidize people who make a hundred thousand dollars. And I hope... Vice Mayor Plummer: Of course. Mayor Suarez: How are we protected from that? Mr. Ferro: That's correct, Commissioner. ` Commissioner Alonso: ... that the federal government do not include in the guidelines, that the person who makes that kind of money, will come and get one of these homes = for heaven sakes. Mayor Suarez: Yes, we have... Commissioner Alonso: That's out of the question. I don't think you will even' consider that application. w Commissioner De Yurre: Yes," But they are saying that federal guidelines prohibit us'from saying no, they can't come in. _ t Commissioner Alonso: We11, :then something is very wrong with the federal k government; and we will have to lobby and let them know that they don't understand basic concept: That they should not be giving this kind of help to `uk people who make a<hundred thousand dollars ($100,000) Because to me, that's*- absurd. ;Commmissioner De Yurre: I think that the theory... 5 Commissioner Alonso: What's the purpose of giving away taxpayer's mane,, because we are; by ' helping,'-, � and this: is to help people who need help. Not r r .¢T for::people who are making a hundred thousand dollars ($100,000) To me, that s_ doesn't matte anylense. ;Commissioner 0e Yurre. I think Miriam, the theory is.... Commissioner Alonso: And if that is the guidelines of the federal government,' � I � .`41V obtems with, the federal government. ..��{{�� Out r Suarez i ''�1 O utely. hnkthetheory1:,ha 4 t people that make a hundriN ; Qliayy'rs 3 t�,000 would not be interes►tod living there, o :tray {$ YtyaF q i..r t{ 1ywt. f. O;� } all �te0. But sti i Who glo ji g W y S Commissioner Alonso: For the distribution of the property? Commissioner De Yurre: You know, I'm voting on this project based on what is being said here today. And I don't want because there may be a delay in the beginning of the construction, or some phase of it, that all of a sudden, the prices have to be adjusted, the cost of construction has to be adjusted, and then everything go up. So, I want to have some assurance that this is going to be it, and if there is going to be any change at all, that it would have to cane before the Commission again. Mr. Ferro: That's correct, Commissioner. Commissioner Dawkins: How many units here, in total? Mr. Ferro: Total, is a hundred and fifty units. It will be constructed... Commissioner Dawkins: A hundred fifty units? Mr. Ferro: Yes, sir. Constructed... Commissioner Dawkins: And of those hundred and fifty, how many will be, quote unquote, reserved for the sixteen thousand dollar people - how many of these hundred and fifty two units? Put that in your... Commissioner De Yurre: I don't think they have any control over that. Mr. Ferro: Commissioner, it's first come, first serve. As many as qualify will have access to... Commissioner Dawkins: No, I cannot. You see, no. OK, fine. For my vote, no, I don't know about nobody else. Mayor Suarez: But there is a restriction. You said, imposed by the Surtax Board, that a hundred percent of the units must be for people whose incomes _ are ,no higher than eighty percent of median. Mr. Ferro: That's correct. Mayor Suarez: Which means that, depending on the range of the applicants, there wiI T be somewhere... most of them will be somewhere from sixteen thousand dollars ($16,000) a year to qualify to maximum. What was the figure you gave maximum that Commissioner De Yurre put it into the Miller Dawkins computer? - at -eighty percent of thirty, six thousand would come out to what? Commissioner De Yurre: It's about twenty-nine thousand. Mayor:Suarez: OK-. So that would be the complete range. It couldn't possibly be higher than that, and get surtax financing? Mr:Ferrp: That's -right. We don't know what the market is on the... Mayor -Suarez: -.:We don't °have to tell you. } Mr. Ferro: Right. Mayor Suarez: You -don't know a lot of.things here today, counselor, but. -we dont; have•".to teI I 'you... sorry: about than. n Mr._Ferro-..Its,OK. Mayor..Suarez:. We don't- have to tell you that we want most of these to be 1n ho:lowersrange. :I mean the -whole idea is.to get to the >working poor, to the N peop)e,'who,"if,;it'were.-not for one of these programs, would be .without homes. =. They=wou.ld. be living .with. the 1n-laws, they would be.,. who knows maybe' even?hompless._. That',$ what we are targeting. The people who begin to be able, to get,into-the range that Commissioner Alonso correctly stated to be, what we t untierat�nd :this=marketto be.. When you're talking about six hundred dollars O month, there are Uunits out there folks. So we are less conoerned s b thin than:we are about the people who are not able to pay, we want 'to x ix Y�aX a tllii'i'1�rdble topthe highest people,, and we hope -:that prngpe�AAoCCf # � ► g of 4n0t a of ltl esin� w y 'of Its former executive6iKtQ1", ; � urn r - �a � �4-- •I .}�"1.3 14. April - f �4V *A .. � s�`ii ,�;�[r a i � Tt- {gcYrs•i6v �s � urn d�' rt .. 5� i sty �7 ,.g S tEFVa't � � • � ' t � 5 � t. _ 1 j so we hope that the new CODFC, with the former City Employee who can't address us will likewise be concerned about people at the lower end of the scale& Because that's really the function of municipal government. We are not out there to compete with median income people. Commissioner De Yurre: Mr. Mayor. ' Mr. Ferro: Mr. Mayor, if I can say something. This as you know, is a program... Mayor Suarez: At your own risk, counselor. Things are going pretty well, I think. 1 Commissioner De Yurre: Mr. Mayor. Mayor Suarez: Commissioner De Yurre wants to inquire. Mr. Ferro: It is a program, that has been thoroughly reviewed. Commissioner De Yurre: The second major area of concern that I had, was the procedure for construction. In the sense that, time and time again, we have seen projects that start going, and all of a sudden all that you see is the shell, because they ran out of money, they couldn't continue, they couldn't — getthefinancing to finish it. And I want to make sure that what the r� procedure is, so that that doesn't happen with City land taxpayer's money, and all... everything else is being put into place. II Commissioner Alonso: But they have a bond, don't they? :$ Mr. Ferro: Commissioner, we have a performance bond that will guarantee that the project will be completed, and we also have a guarantor for the Barnett Bank loan. Commissioner- De Yurre: And that guarantees the price, the --cost of construction? - the bond? Or is it...? Mr. Ferro: The bond guarantees that the project will be completed based on the figures that had been approved. Commissioner Dawkins:, What difference does it make if we got your performance' bond, I don't.care whether.you finish it or not. Commissioner De Yurre: ` Well, somebody has got to finish. r- Mr,, -:Ferro: There is a performance bond. We cannot... L Gommssioner De Yurre:' I.just to ;make sure that it will be finished. -Commissioner Alonso: But that's why the reason for the.bond. Theperformance' bond. It�wi11°be completed. . Mr. Ferro;. Right. The:performance bond will guaranty that... I don't know that;'there=is anymore assurance that can be.given than'a performance bond. ti CQrrmissiorar De Yurre: -1 just want to -have all that on the record.so that you know; wer see something there, that, is something that -the community wants, -,that its: affordable, that it is what it -is meant to be. ; Mayor Suarez:: And the question is proper,' because gas all of us have =dealt ' x= with=performa nce bonds, the whole operation of `one, and take over by another buii4er and so on, is not what we want to. get in to in the City. It would{ ultimatelyµdlaythe project even if it's fully guaranteed, We,°want thebec z builder toFcowlete the project, complete it quickly, within budget, ahead of - s,Y sclleduie, and - that's what we are trying to make sure we put into the mechanics. >i tw s ,process. r Cif. : t £. ,, y cely,yor Plummer: Question. r. Jg: done, ndar cpnetrgction �haaa Qt�� iaa' 4 , oilC t t�{{yam $W.g s - ri a i '- 41� Al Lut _ i } It f Mr. Ferro: No. Commissioner, the development of the site will all be done at the same time obviously. But the project will be built in three phases, each fifty units. There are a hundred and fifty units, it will be constructed in three fifty unit phases. Vice Mayor Plummer: Wait a minute, back up. Commissioner be Yurre: They are talking about preparing the land, and doing the water sewer. Vice Mayor Plummer: You are going to do it all at one time, but in three phases? Commissioner Alonso: Well, he means probably... Mr. Ferro: No. Commissioner, the site development will be done initially. Yes, a hundred percent. Mayor Suarez: That's what they get trained to do in law school, you know, that's why they go through three years of law school. Mr. Ferro: In other words, putting in pavement, putting in the water, the sewer, you know, what all of the hundred and fifty units need. t t Mayor Suarez: Site preparation and development is all one, but. z Mr..Ferro: Site preparation, filling... Vice Mayor Plummer:. How many units in the first phase? Mr. Ferro: Fifty units. There is fifty units in each phase, Commissioner. Vice -Mayor -Plummer: And is there a time... this is of the housing department. Is there a time certain by which the third phase must be started, or Completed? Mr.: Hepburn:- The entire project must be Coed (Certificate of -Occupancy) within thirty-six months. Vice°Mayor Plummer: It has to be completed. Mr. -Hepburn: Exactly. Vice Mayor P.lumner: And that's where the performance bond is? Mr: Hepburn. Up to thirty-six months. } t Vic e,Mayo r<Plummer: OK. Now, the same concern I had at the last meeting. - City': position, if default. We have the performance bond, but what about... is_"there,a guaranteed, clear cut reverter: back to the City of that property?,.. 6 Ms,.'Kearson: Yes,there is* There is a reverter in the event the property is-x 10 ,1completed .within thirty. -six months. However, we met with the,; bank on TbOrsday,: ayMro,:Pat Alexander, and the bank is requesting that they be given the chance to cure any :default. Because while you will have a performance bonds if ,within.;.thirty-six: months, the project- is not completed, the Performance. bond would not cover your concern. We will get the property back,'. x L th ; bank would loseAts money, and they would like to . have- the . chance to cure Zak, es default. Vice Plummer: Are we number one in line on the performance bond in the 4 Qf defaul t? Ms4:Kea►rspna We are dual obligees. You will have on the performance bond, the City of Riemi!a surtax and the banks. r 1 err P eer. And, that bond, in your -:a air t on, is adequate to,r.over hh�ddtl i elpi�risas?, rtli�� tfop.'ot 'Q�Co�tilt' °el;l ef� t�1��'expena0=<+all *.+A'"s.! t as t f Vice Mayor Plummer: OK. Now, in the case of a default, and the project, let's say, is half completed, or two-thirds completed, what position is the City in to take over the project, and finish it? Ms. Kearson: We would get the property back Vice Mayor Plummer: No, you can't get back the units that have been sold. Ms. Kearson: We would own the land the underlying land. And the concern 1s that if the developer... Vice Mayor Plummer: Are you telling me that the people will be buying a unit without the land? Ms. Kearson: The people would be buying a unit subject to our deed restriction. If we have a deed restriction that indicates that the property reverts back if the entire project is not completed in thirty-six months, they are buying subject to that deed restriction. Vice Mayor Plummer: And how are we, a Commission, assured that the people who do purchase are aware of that? M. Kearson: These are condominiums. There will have to be included in condominium documents... Commissioner De Yurre: There is going to have to be a release. I mean, like nobody is going to... Ms. Kearson: Yes, they will have to give us release. I mean. Commissioner De Yurre: Whenever you are going to purchase, whatever restrictions exist of that nature, then there would have to be a release from the party that has control over that restriction. Commissioner Alonso: But probably, the release will take place after the length of time, which is in this case, thirty-six months. Prior to that, it wild, be in existence, right? And you will be buying subject to that clause, and you will accept it as such, the title with that restriction. Mayor Suarez: Yes. Commissioner De Yurre: No, but what I am saying, if you are purchasing a condo unit, and let's say, you doing the first phase, and you complete. the F first -phase, the fifty units have been built, constructed, sold, you know, that is it. - There has ,to be a release from all the entities as far as those =7 fifty units are concerned,:because they,have been completed. You can't;touch` those people,now, because now they are paying '.their mortgage, they are:paying' thei r,_thing. <Vice Mayor Plummer: That was my question. My question was, if in fact,.. � that... Mayor- :Suarez: OK.And then Mr.ViceMayor,' after you speaks Commissioner Dawkins, and then we.. ■¢r�� Commissioner Alonso: May I ask...? Mayor Suarez ... one further, do you yield to Commission Alonso? Vice'Mayor Plummer: Of course. a keg Mayor Suarez; He does. ' 1 Commissioner Mono: Because I think it's important to this clarifications But-tha<perfomi.a a bond wi11 ;be ,in effect for the total amount. Even if we . urS� f^e1.assi, .lays says the fifty properties to the owners, to the new owners, ��0114b,ryo haVo the name. amount of guarantee that the _ `ompited is it not? S project will be Wrsvai .h psrformanca .bond rolls over from phase to phase r _ r 17 .�I1 1� �,a'.Z(�,x,- - � 4 - 1 Commissioner Alonso: Exactly. Ms. Kearson: And that's the way... Commissioner Alonso: So it means, it's even a larger guarantee that the project will be completed, and that's why the bank is asking for a period of i time, so rather than giving up the project and losing their money, they want an extension of time in order to complete the project. So for the City position, I think it's a position of strength, rather than a weakening position in the way that the project is done. It seem to me, and the legal department, I'd like to hear from that. Ms. Kearson: I would think so also. If the bank is willing to step in and complete the project, the City of Miami is advantage by that position. M Mayor Suarez: OK. Vice Mayor Plummer: But then the bank would be under the same obligations of I the rentals and the monthly mortgage, as is the conditions going to CODEC today? Is that correct? Ms. Kearson: Yes. And we would make that stipulation to them. Vice Mayor Plummer: All right. Mayor Suarez: OK. Vice Mayor Plummer: The final question I have Mr. Mayor. Mayor Suarez: And then Commissioner Dawkins, who has been waiting. Vice Mayor Plummer: Is there any provision existing in the contract that you hold with them today, that these -will not be used for investments? Mayor:Suarez:_ Yes. You had.been asked.that question, Jeff, and I don't think i you ever answered it. i _I Commissioner De Yurre: Well, the surtax money requires that it be used for ? � residential, doesn't it? t' Commissioner Alonso: And this is important for this, and other projects as weld the St. Hugh's that we are going to select... Mayor.Suarez: > And similar ones.What protection do we have against someone speculating with this? Vice Mayor Plummer: If somebody goes in and buys four of them, and there are people-iliv1ng in them, that's still residential. I am asking, is there any , prohibition in the contract existing today, that says that an investor can't- come in=and buy up any number of them? Y Mayor Suarez: How about that Jeff? You were getting ready to tell usthat. Mr. Hepburn: I don't think we have language in this document here. Mayor. Suarez: Or in any of the other legal documentation that surrounds.this Y yE project.:' T Mr.:. Hepburn. ' i think they are bound again, by surtax in terms of second' mortgage . T. Mayor Suarez. And it has got to be a buyer -owner -resident of the property? � Mr. Hepburn: Exactly. ?k;s � ; 4 Vice Mayor Plummer; Not a corporation? � s 1J s ors Hepburn: blot a corporation. "vr Iter Alon*Q: .,x4ctly9 $o the person cannot live itn Qrre of ► ,. M � t r�Fs•l�% 3�: '�1 �. Ala=Fi r�1•a-'" �i � � r 2,* �� � .. �y. l t - I 1 Vice Mayor Plummer: Well if that's as strong as I could go, that's what I will do. Out I would sure like to see the City residents, who have made this available through the years, have that right of preference. Ms. Kearson: The City of Miami is subject to federal law. You cannot - discriminate against anyone in housing. So there cannot be a provision in a contract that will give preferential treatment to City or County residentsb Vice Mayor Plummer: So what you are telling me then, that if... Commissioner De Yurre: It's open season. Vice Mayor Plummer: ... forty, fifty, a hundred and fifty people come from all over the United States, that I am providing housing for them, and that I can't do anything about it, that if they qualify and they buy... Ms. Kearson: They become City residents. Vice Mayor Plummer: ...that the City people are just out the door. is that what you are telling me? U — Ms. Kearson: That's correct. i Commissioner De Yurre: We can get it, J.L., we can get an indication. !� Vice Mayor Plummer: Well let me tell you something, there is something wrong. Commissioner De Yurre: You have twenty-four applications already? Of those, basically where are they from? Are they City of Miami, Allapattah residents? Where are they coming from? Mr. Ferro: Well it's a mixture of City of Miami, Allapattah and County people.- _ !` Commissioner Dawkins: You know, I'm going to have to do like you guys. You all are not respecting my hand, so I am just going to have to take up, and ask l; my question. Because I mean, you all just keep bumping around. Mayor -Suarez: OK. Let the record reflect that he just stated, that they are mostly from the City of Miami. Commissioner Dawkins. Commissioner -Dawkins: OK. Now, somebody told me, I don't know whether it was the -.developers, or the law department, that these homes are going,to be .on a first:come,:=first, serve basis. And yet, as my colleague Commissioner Plummer says, we are interested in City of Miami residents. But yet, nobody will tell f me -of :the first ,fifty units, how many of them are going to be reserved for that lower end of, the twenty-nine thousand dollars. And until somebody tells y me.that, I am voting no. Because as J.L. Plummer says, we are giving up eight; point .five acres,. of choice; land :for ,seven hundred and fifty thousand dollars ($750 000) which I. am in favor of, because we need affordable housing; but I am only, infavorof it if it makes it affordable to the City of Miami residents._ Comm issioner,De Yurre Fran what I hear, you can't force, you know,.you.have -` that�.Sap,:.athe.sixteen .to twenty-nine thousand, and wherever they come in, if you�ve ;dot. a .hundred :'and-f.i�fty. people, that fami.l ies that - came 'with, at the ' h. twenty -tine: --:thousand they were approved, and first come. Commissioner Dawkins;. I-f it's twenty-nine thousand, i. have no:prob.]ems i vmnieeiQner with .thetwenty-nine- thousand 'cap. But I- do: have ..,a problem i �_ K We find= out that:. they went: above the twenty-nine... I'd have a hell, problem if everybody in the fifty make twenty-nine thousand dollars (29,000), f=1 � � ve got a probl em .wi th that.. µz: +om issioner`:Da: -Yurre: < Well the Ithing is, it can'.t:be beyond twenty nine � toousend. Now, it can be anywhere in there. r< _0 S y i 3 P: - t Off. We got that.. What kind of prirti�cil guarantees that wb �' < f hW Ore going o be -in the lower and i f the r pge ' iio.4elf - telectienli : It _ You,: 04111 Y, presumably ys►u.re 0g ' b �y4 tjgiiLk: j �i for, to presumably, as a practical matter, most of them will be in the lower i s end, but there is no way to guarantee. _ ' Mr. Ferro: What's correct. If somebody comes in above the twenty-eight or twenty-nine thousand dollars level, they will not qualify for all of these subsidized and very low interest loans. Commissioner Dawkins: I don't want them to qualify for none of them until we..6 you see, that's my problem Mr. Mayor, and fellow Commissioners, You're telling me what I am thinking. You're telling me that if someone comes in with above twenty-nine thousand dollars, and they are there, and they've gat a the money, you're going to go ahead and rent. That's what you are... — Mr. Ferro: No, it's not rental, sir. - Commissioner Dawkins: I mean, go ahead and let them purchase. Mayor Suarez: So how can we restrict it? At least... Mr. Ferro: By federal law, we cannot prohibit. a Mayor Suarez: All right. — Mr. Ferro: That scenario from occurring, but they start... A Mayor Suarez: But can we build into this program a requirement that everyone that participates in it, be with surtax financing? Can we do that legally? Mr. Ferro: I cannot answer that question. Maybe the City Attorney can. Commissioner Dawkins: No. You have to answer that. The City Attorney don't vote on this. Mayor Suarez: No, no. On the legalities, if she knows. Commissioner Alonso: Legal question. Commissioner Dawkins: You can't do that? 1; Ms. Kearson: I'd have to research that, I don't know. I Mayor Suarez: Can we say that this program is earmarked for surtax...? Commissioner Dawkins: OK. I'll defer this until she can come back at two O'clock.' and research, and te11 me what's what. That's all - at two o'clock. Mayor Suarez: OK.- We have a°motion to table the item.Are you sure you can't give an opinion on that in the'next...? Ms.1earson: I would not -want to give an opinion on that. Well, I:can do it before two o'clock. Mayor:Suarez Welt, I never finished my question. I was going to say, in the _ next: half -;hour. forty five minutes, an hour or so. I mean, you have a,bunch of-Aawyers_back�there all eager and.willing to.thinkz;about-it.. You've'.got'Mr� Bailey; who is an, expert, Mr. Hepburn who is an expert. Sooner or later, somebody 1s going` to be able to tell us that we can earmark these units; for "surtax financing, - . : �5 Mr.iHerb Saijeyr I just want to.make an observation, I don't have any, expert testimony It's that,.once a person buys'a unit, they do becomea resident of a the:City°of :Miami,regardless. g_ lli+ce� Mayor- Plummer.' Yes, that's fine. Cothmissioner'Alonso; Yes,.but now he is talking about the... �0,-uarers fight, butthat's 'not given the issue at hand. We, ere talkin "Ximwm amount of k- l !T �i� $* sou n�w� r. gajley, that'$ the same thing I toad 0,t#i � f L � e aQp. e t V Wofk i*41� the i ty to 1 i ve i n the 1 ty. dace tge l get v . *�' r b ,� 'y 1 NM NIPA the job, they move out of the City, and I still don't have a City resident. So now, you're telling me that.. Mr. Bailey: These will be homeowners and taxpayers. That's what we really need here. Mayor Suarez: All right. Do we still have a motion? Commissioner Dawkins: Yes, but by the same token, Mr. Bailey, we're using City of Miami taxpayers' money who live in the City, who pay taxes to the City, and we are concerned about City residents. Mr. Bailey: That's correct, Commissioner, but we are also concerned about getting more people to move into the City, expand our tax base. We are doing that in every case. You may decide the way you want to, but the more people who move into the City as homeowners, and pays more taxes, is better for the City. Commissioner Dawkins: Yes, that's great. But I also have some homeowners who would like to upgrade themselves, Mr. Bailey, and move into something a little better. Mr. Bailey: We will do that, if we can. Vice Mayor Plummer: OK. Mayor Suarez: All right. The pending question, and the only one that seems to be troubling, and had let to the motion to table, is... Commissioner Dawkins: It died for lack of second, Mr. Mayor. - Mayor Suarez: Well, I am not sure. } Commissioner De Yurre: Well no, it hasn't come up. But my question is, if you are using surtax money for construction, and that's the case, isn't it? Mr. Hepburn: Yes, that is. Commissioner De Yurre: Don't the hundred and fifty units then come under the requirements? Mr. Hepburn: ,What's going to happen is, that construction loan will roll into a second mortgage for that buyer, for each individual buyer. - Commissioner'De Yurre: But as..: ' Mayor Suarez: So - it will be automatically under a second mortgage financed by the surtax board and therefore, subject- to the qualifications of surtax z applicants, :which means that every single one then will have to qualify, and =t be eighty percent of median income. Commissioner: Alonso: But also, we have to keep in mind that when we arei` talking about federal government money, government money, we have to abide by { no: 'discriminatfiom c]auses.. And it means, we can not =real ly "set certain regulations that will put us in a position that it's illegal and I think this is very obvious... Ms. Kearson; i think that the Commission can adopt the surtax guidelines, because we are -in fact providing funding for this project. And under our City r Charter..29-B we 'provide certain guidelines for land disposition. I would a think that this Commission, if it so desires, could in fact, adopt those; «x guidelines to require... Mayor Suarez*-^ All right, on that assumption, and with that opinion, let's x _ buiijd'�that into the resolution, ca and I'll entertain a motion on the resolution) ' with that proviso, which I think as a practical matter, would happen in any ilahti?C�'=.ha'ea�ns�ahat."you just described, but that we can put into are �Px �3L�L.. day additl ngl Commission -policy, that we want each and every buyer to Q(#1# f od iti]c:e1� 8urtaX gulde]ines is -That will prevent the,.. 09 a*` hfE�i`'r. $ may] a@ DO �A 3� "Mao", tlf t1F��q� qq - y Commissioner De Yurret _ So moved. ..•— f Mayor Suarez: So moved k Commissioner Alonso: Second. r Mayor Suarez: Second. Any further discussion on the item? If not, please call the roll. Commissioner De Yurre: Are we also including the fact that the price PtYl, Plus maintenance cannot exceed six hundred dollars for the...? Mayor Suarez: The larger units. Commissioner De Yurre: For the larger and five hundred, for the two bedroom. Mayor Suarez: OK. With that proviso additionally on the motion. Second approves? Commissioner Alonso: Yes. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner De moved its Yurre, who adoption: RESOLUTION NO. 91-308 A RESOLUTION, WITH ATTACHMENT(S), RELATED TO AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO _ - EXECUTE 'THE AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI' AND CODEC, INC., IN CONNECTION WITH THE DEVELOPMENT OF A, ONE HUNDRED FIFTY (150) TOWNHOME PROJECT PLANNED ON THE PUBLICLY -OWNED 8.5 ACRE MELROSE NURSERY SITE; AUTHORIZING THE CITY MANAGER TO CONVEY -: : ' TITLE -.TO ONE..(1). PARCEL OF VACANT LAND UNDER ' CITY - OWNERSHIP SITUATED ON THE MELROSE NURSERY SITE TO ` CODEC, INC.; FURTHER REAFFIRMING $750,000 AS THE REIMBURSEMENT AMOUNT TO BE PAID BY CODEC, INC. TO THE CITY OFMIAMI IN CONNECTION WITH THE DEVELOPMENT _OF THE PROPOSED ONE HUNDRED FIFTY (150) UNIT AFFORDABLE TOWNHOME :t PROJECT PLANNED ON THE ABOVE MENTIONED PARCEL; REQUIRING 'ALL PURCHASERS OF TOWNHOMES F ,THE TO BE,QUALIFIED UNDER -THE METROPOLITAN DADE COUNTY SURTAX k GUIDELINES;, FURTHER REQUIRING CITY COMMISSIQN - AUTHORIZATION PRIOR TO ANY INCREASE IN THE MONTHLY � PAYMENTS FOR THE TOWNHOMES FROM CURRENTLY PROJECTED xz PAYMENTS. (Here fol to " bod ws y of; resolution, omitted here and'on` fi ie':in the 0 ffi fice of the -City Clerk.j `t Upon being' seconded by Commissioner Alonso, the resolution` was' passed and adapted tfie 1'ol7owing :bar vote:„. h $. AXES: Commissioner Victor De' Yurre ' t, �1 r *Canmi ssiQer .,Mi 71 er J. Dawki ns 4 t{ Commissioner Mriam`Alonso a. ayor Xavier;L. Suarez .,None, �t�Ry'pi d, _ { } . f"T t"*wf * 3 sL 10 CA ,L �.y. .. *,�sy�SyiiR�i iN. J�''i >} 'l �'� }•iil'' � t F .giT 1 4 { Z 3 t,5t K•� 9 r C Y ; - JC�� �,* > I ? .i, - iiewcans� Roluotantly, It�fT �Lt. a e` PIT- �5-1.'s �S. 'Ns "i�Xil2 '!'"'Lr4:r... •3.._ s>ss .. _ ., 1 . _.. - _ t .. r . ... _ . i _ 0 nm s W-0 Mr. Bailey: A resolution approving our transferring of land to the Urban League for the construction of affordable housing in Liberty City. We, in the resolution, did not include an amount. However, keeping in line with what this Commission normally likes to do in these transactions, we will charge it off at the cost of the City to the Urban League. Vice Mayor Plummer: Say again? Mr. Bailey! The cost of the land to the City, we would charge that amount to the Urban League. E ' Vice Mayor Plummer: And how much is that? Mr. Bailey: Well, we have at ninety-five thousand dollars is what we paid for those parcels. That's in the bottom of the resolution. Vice Mayor Plummer: In other words, the Urban League will pay the City ninety-five thousand? Mr. Bailey: Well, we will recommend that we structure a repayment to the City for the cost that we incur for buying the land. Vice Mayor Plummer: And how will that occur, and how long will it take? Mr. Bailey: Well, we will negotiate in accordance with the cost... Vice Mayor Plummer: Herb, I'm getting back to the old point. You know, the City only has so much land, and if we go out and keep buying land, and don't get money back in to buy additional land, the housing in this City is going to j- stop completely. Mr. Bailey: Well, we structure it Commissioner, in a way in which we can try to :get back at settlement. However, sometime at the financing of the -it project, and in the case that an immediate payment at one time will make the j ? project infeasible, we try to structure it in some sort of a mortgage arrangement where we get money back on an amortized basis. I Vice Mayor Plummer: Well I hope you are around here, and I am around here, � When the day comes, that there-is'no more property, and there is no more money available, and people come here and start screaming about the City is not doing:anything about housing. Mr Bailey: We do give them... -' Vice Mayor Plummer: So I'm just... hey, look, I am just saying on the record, e that we.need to get this money back in, so we can continue to buy property, so y We can continue to have °these kind of projects which = are _great for this cwtmunity: But we 'can't do it if we give away all the property, and we don't get the money back. It's got to come to a halt somewhere along the line. Mr. Baileys We'll structure it that way. And we do get most of our money back. Commissioner Dawkins; Yes, most, but J.L. want it all. Vice Mayor Plummer: Not not necessarily, Mayor Suarez: You know what may be useful, Herb, in connection with that, :is to do an accounting, maybe really. this is more directed at Jeff, or however, - you structure it, that of the twenty-five million dollar GO (General ;. abligation� bond issue that was passed in '76 I believe, how much are five likely to be able to get back? So we have some idea of the initial efficiency Of redoupment, for the lack of a better term, of that twenty-five miliian f: dollar bond issues and then aa, Mr, Bailey. We will do that, 1rieS ..9 when w0 are getting reader to go to the voters for dnotharir r ��1 be ably to say, wefve reCS#�i�red; or in A �?o����t?t� J 3 Y "I Mo i pei';an 9a of they twentyrtive million, 4 r O< .25E } :,a21f's'L _ i - . IN ,AkN € Mr. Bailey: We will be glad to do that Mr. Mayor, and not only that: we will also include the amount of new taxes this City generates as a result of that. Mayor Suarez: That would be helpful too, as a sort of a side calculation. And then the Vice Mayor will hopefully, be a little bit more satisfied on that, which i think is a very valid point, because the idea is to make it a = revolving thing. Mr. Bailey: We will give you that calculation. Vice Mayor Plummer: Exactly. Mayor Suarez: What is the motion before us? ;1 Vice Mayor Plummer: To approve it, I move it. Commissioner Dawkins: OK. But... Mr. Joel Maxwell: Oh, Mr. Mayor. - Mayor Suarez: Yes. Commissioner Dawkins: With ninety-five thousand dollars ($95,000) right? Mr. Maxwell: Ninety-five is the blank figure there? Commissioner Dawkins: Ninety-five thousand dollars ($95,000) goes in the blank - that's right Mr. Bailey? Vice Mayor Plummer: That's what Mr. Bailey... f Me. Hepburn: Yes, that's what we paid for the site - the City did. i Commissioner Dawkins: What goes in the blank, Mr. Hepburn? Mr. Hepburn: Ninety-five thousand, if this Commission wishes to do so. 9 ; Mayor Suarez: Thank you. Commissioner Dawkins: Mr. Hepburn, what goes in the blank? .41 = Mr': Hepburn: Ninety-five thousand dollars ($95,000). Commissioner Dawkins: Thank_ you, sir. Move it with ninety-five thousand dollar.: ($95000). Mayor Suarez: The motion before ushasninety-five thousand dollars ($950000) #n in the blank Thank you. OK. Seconded. Any discussion? If not, a .space. r please Cal roll. _ F r r Ste" S � k J 1'4r6 . P [y{ r £ Irr h .Z AM 671 g t,p d R 5• 3-. ��� � �;ratr^."k.,,,�:'�:"?",`,";:ass" .,. •. - _ _ ' - - The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-309 A RESOLUTION APPROVING, IN PRINCIPLE, THE DESIGNATION OF THE URBAN LEAGUE OF GREATER MIAMI, INC., A NOT -FOR - PROFIT CORPORATION, A PROJECT SPONSOR TO UNDERTAKE THE DEVELOPMENT OF A LOW -DENSITY RENTAL HOUSING PROJECT AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON CITY -OWNED PARCEL LOCATED IN THE MODEL CITY COMMUNITY DEVELOPMENT TARGET AREA, AND WHICH IS MORE PARTICULARLY DESCRIBED IN SECTION Z OF THIS RESOLUTION; ESTABLISHING $95,000 AS THE REIMBURSEMENT AMOUNT TO BE PAID TO THE CITY FOR ACQUISITION OF THE SUBJECT PARCELS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SAID CORPORATION IN ORDER TO ESTABLISH EVIDENCE OF SITE CONTROL FOR THE PROJECT SPONSOR'S APPLICATION FOR PROJECT FINANCING UNDER THE STATE OF FLORIDA'S LOW INCOME RENTAL HOUSING TAX CREDIT PROGRAM; INSTRUCTING THE CITY MANAGER TO RETURN TO THE CITY COMMISSION FOR FINAL APPROVAL OF CONVEYANCE OF SAID PARCELS AND FOR APPROVAL OF ALL PROJECT -RELATED AGREEMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez; That's why Mr. Isaac Shih is here, 0) insufficient to allow certain applicants an opportunity to obtain the building permits or certificates of use, in accordance with the provisions of Ordinance 96000 Csicl. And as it appear in the resolution approved... Mayor Suarez: it's probably ninety-five hundred. Commissioner Dawkins! Ninety-five hundred, yes. Commissioner Alonso: Ninety-five hundred, yes. In the resolution number 91- 92, it had a limitation until March 2, 1991. So I'd like to move to instruct the administration to consider amending Ordinance number 11000 to extend the period of time during which applicants for public hearings, for review of variance, conditional uses, and other such requests, in accordance with the provisions of Ordinance 9500 may obtain permit, or certificate of use in accordance with the provision of Ordinance 9500. And this way, the Chinatown Project might have an extension, and they will be able to complete the project. if it's maintained as the limitation that has the resolution approved by this Commission, it limits the time that they have, and it makes it impossible for them to pull the permits, and to complete the project. Mayor Suarez: OK. Does staff recommend? - I presume. Mr. Guillermo Olmedillo: Yes. Commissioner Dawkins: Second. Mayor Suarez: Thank you. Moved and seconded. Vice Mayor Plummer: So, wait a minute now. Because you change... Ms. Maer: After reviewing the ordinance, there is presently no relief that this Commission can provide to Mr. Shih, because this is not a variance under an existing ordinance within which you could amend the variance and extend the time. Mayor Suarez: OK. So are we in the process then of changing the ordinance? And does that answer Vice Mayor Plummer's question, that this is going to have to be a Citywide change, otherwise, we can't solve his problem? Mr. Odio: Let's change the ordinance. Vice Mayor Plummer: All right. So basically, changing the ordinance means, that the time frame that presently exists, will be expanded? Is that what I am understanding? Ms. Maer: That is what the staff would be asked to consider. Vice Mayor Plummer: What presently is the time frame? Ms. Maer: The time frame expired actually, as of March 2nd, except for those... Vice Mayor Plummer: No, no, no. Not in this particular case. Mayor Suarez: What is the frame? - the time frame. What is the time specified in the ordinance? Ms. Maer: The time specified in the ordinance was ninety days after final public hearing. Vine Mayor Plummer: OK. Ms. Maer:_ With regard to the section that we are concerned with here. Commissioner Alonso: So, the end was? Vice Mayor Plummer: And what would this expansion... would it make it 'a hundred and twenty days? Ms. Maer: At this point in time, we don't have the clays. This is what the Commissioner's -motion does, is ask the Planning staff in their expertise to... Vice Mayor Plummer: To recommend an expansion. I: Ms.,i Maer: ... consider, and recommend a way to resolve this situation. ... Vice Mayor Plummer: OK. A1.1 right. Mayor Suarez: OK. Then presumably, this will ultimately do that. } Cortmissoner Atonso: Because we didn't have legally... we didn't- have any other relief to offer to them, other than say, we kill the project. Mayor Suarez: OK, Commissioner Dawkins. Ms.. Maer: This does not presently give him any time. Mayor:.Surez: That was a -statement... Commissioner Dawkins. ,. f Cnissiner Dawkins.; OK. You know, _I am happy to see Commissioner'Alonso as - frpstra►tecl.as We are. We've got a staff that I don't care what you ask them, they tel yoga:. how,; not, to do it. They never come forward and say, if yIDu ,do: 'X this, this, and this, this is,.what we can accomplish what you're sayiAg, AlI they tel , us ;ie, yp:a cannot do 'Uis because the law, and these. Iawe And' that } 24- ,' ho ,came hefpre us and was going<, to 40: ,#low, we . have a gentlemanw the -:Chinatown t tha t time, i said, well, what can = the ICity' get in, excha�► e: : f et y;Q a� oi�nq,lo do?,7 o says, "i donut need er ything. ' ire 0t, :.�1;ftyAN ta. tp dp; 'this -Project mete ►ci ''ef us moving forward "tare for et a n in an .area where' t1�+ re is no"-,devetepmen ,ire peG ` 1 i Kinds _ n �, f,' n+B. Imp' i�ie �� k � � l�T� A A Ins 1 t �i 111C1►i '. 'ot'el ri t0 Oct:do' g tie 1;.- the) aee lost 1. i i s lllraetel�es� e .:ie i 4yq Ailati gentleman 'ai r 04 Li ,' �F 7. a• j /1 s �t?� #01`.�h . y hil"elf � '��:h �1 'CIS �_ �'f T�� - r s 4 .lofi4, r r g G4 f S Y f 0 are saying, "Hell no, we don't want it. Whatever you lost, take that as a loss, write it off your income tax = where ever you pay income tax - as a loss, and forget about it." But yet and still, here is the School Board, went right 1n the area, where this gentleman is talking about, trying to develop, and help that area come forward. The School Board bought the Jefferson building against the advice of their staff. And they are going to redo the Jefferson Building. That's a block and -a -half from where he is trying to do. So now, we would have had two projects, and somebody else was talking about doing the old Sears Building, we would have had development going on Biscayne Boulevard. Commissioner Alonso: So much. Commissioner Dawkins: But instead of my staff thinking ahead, and telling me, Commission Dawkins, this is what you're going to do, you can't do it. Now we have a situation where... I don't know how...I do know how it happened. Nobody stuck with this gentleman and walked him through the system, my fellow Commissioners. They just put him out there by himself, and say, hey, you are on you own. Vice Mayor Plummer: That's not true. Commissioner Dawkins: Yes, let him respond, I don't care. Vice Mayor Plummer: That's not true. Commissioner Dawkins: So, now somebody tell me today, what it is we can donto get this project off the ground, and do three things. Get some development in the area, put some people to work, and add to the tax roll. Now tell me how we can do that, and how quickly. Mayor Suarez: And Mr. Manager, I know you take this as criticism, because it is criticism. We have which is... Commissioner Dawkins: I don't think it's criticism. Mayor Suarez: Well, I think it's criticism, and I'll tell you why it's criticism. There is an adversarial relationship here between us trying to get - something done, and staff of the City always, and you have to raise the caveats, you have to raise the impediments, you have to raise the legal defects in something, I know that's part of your responsibility. But it never comes back to us with, from the City Attorney's office, from your office, from Sergio's office, from Guillermo's office, as, these are the problem legally, and this is the way to solve it, 1f the Commission wants to solve it. And by the way, in this case, you don't even have to say; if the Commission wants to solve it. We'want to solve it, we want them to build that project. And it's as clear as you can make it. Now there is going to be always, if Commissioner here, I don't want to specify which one, but he is all the way to my left, that will... Vice Mayor Plummer: Ca11 him by the name. Mayor Suarez: Right. Vice Mayor Plummer: I've got no problem. Mayor. Suarez: Vice Mayor- Plummer, ;who wi 11 put the brakes on a little bit, and make sure that we are doing everything kosher, and that we are protecting the citizens in the area, and that we have got sufficient parking, and that the ,,,,color- is right,, and, the t,s are crossed and the 1's are dotted. Fine. But, please, we want to solve it. Sergio, we need, when you raise the iffQedimients and the defects, and the legal obstacles to overcome, that you also say, and by'the way, we have been thinking about this, we have been walking him through, to use Commissioner Dawkins' terminology, and we've come up with a suggestion, which you do occasional, maybe not as much as we would- 1i,e tQ.see,certainly as much as I'd like to see, here is a suggestion if you'{r want to do it this way. And the City Attorney, the same thing, and the City:. ¢r, nggsv, Ud.everybody Please, this is something .in an area, my God, we want �t 7 fast -track this. We have done fast -tracking every once in a while An A oni€ore0 °proje+ct .; T#lis is a private project. It's his money. In an` -want devei000nt to take place. Let's fast -track it. Teat means, . k apt k A,urs .Yi�iltnt R And., i f , that ordinance Is in the books, and it 7 1 w ftFigN i ' k , 30 Apri l 25,,; 190.1 �Y. 4�a `{ A doesn't have any particular reason to be there as applied to this case, let's carve out an exception. Let's get a modification. Let's do it in time. He - ' is probably into it now, not counting the value of land, just in soft cost, he is probably into this project, over a half a million dollars, plus the value _ of the land. And one day, he may just walk out and then, not come back. ft Mr. Rodriguez: OK. May I say something now? 1; rt Mayor Suarez: Yes, sir. i� Mr. Rodriguez: We are all in support of trying to help the project move, but I we cannot apply for the applicant. The applicant has to be the one that has to make the application. And we cannot choose when he delays the application, and waits until the last day to try to meet deadlines, and don't make it on time - the first item. Second, and... Commissioner Dawkins: OK, hold it right there. Hold it, let me ask you one question. Mr. Rodriguez: Yes. i E Commissioner Dawkins: Did anybody notify the individual? - the applicant, that your time, you deadline was... ' Mr. Rodriguez: Yes, sir. In writing, several times. We have several memos that we have sent to him, and there is nothing we can do to force him to do 1t on time. Mayor Suarez: Who was his current attorney? Don't know. You don't know who A his current attorney is. You've had so much communication with him. _ _ Mr. Rodriguez: You want me to...? Mayor Suarez: Does anybody know who his current attorney is? Mr. Rodriguez: I don't know the names by memory, sir. I have many cases. ®i Ms. Maer: We are... Mayor Suarez: Sergio, if you were nurturing this project, you would know... I -� mean, I know he has changed I think, a total of three times now. So, in k s -� fairness to you. Mr. Rodriguez: There is, several times. That what he... Commissioner"Alonso: And that might be the reason. Mayor Suarez:-. But really, get to know them. Work with them._ Meet with them. F Thee Herald. it going to be watching.you, because.they-are going to think that weare' in with him,if we are having drinks after work and all hat: .-bed Ignore a11,that nonsense. We want this thing to happen. Nobody is getting paid off here. Commissioner Alonso: Yes. v Mayor Suarez: He is just building a nice project in an area we want �_ development.,. There has,been nothing there folks. Mr.,,,Rodriguez; -,The .,latest lawyer that we were in contact with, was Gary Brown. The person that was pushing the project... ' Mayor. Suarez: Was who? K s Mr,.- Rodriguez: cagy Brown. } MeyorBurez: Is thtr sti I V your counsel? odr'Be+ex And `Iet me finish the second point. •, �04.One�AlanaQ ,-LU ro-,- Js-�,your'-attorney? ,OQtOTS I QT 4TB B INTO TO I:UBU Rec Rot PS.r" I r l RIffi i Q -Aprtt N'ir F y r � s Mr. Rodriguez: You see, if he doesn't know his attorney, I cannot give you the name of his attorney. Vice Mayor Plummer: What? Ms, Maer: We have a covenant that we don't have... { Mayor Suarez: He has decided after three attorneys that he doesn't need an attorney. Commissioner Alonso: I don't blame him. Mayor Suarez: Maybe if you had decided that from the beginning... Commissioner Alonso: No offence to any good attorneys sitting here. Mr. Rodriguez: The second point I was going to make on the record. Mayor Suarez: Who is your architect? We've got some architects in the room here. Who is your architect? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. s� Mayor Suarez: What's his name? Get up to the mike. We want to know who we are working with here, Isaac. Get up there. Mr. Rodriguez: Peter Poon. Mr. Isaac Shih:. Peter Pren. Ms.-Maer: Mr. Mayor, I'd like to mention that if they are no longer are represented by counsel, we are owed a covenant, pursuant to the resolution of the City Commission granting the variance. Mayor Suarez: We need a covenant, Isaac. We need somebody to give us the _ covenantmm that the Coission prescribed and requested, and required for your a approvals. OK? ' Vice Mayor Plummer: Well, but you see, you know. Hold on, OK? Yes, I dot the.-, 11. s : and I' cross the t' s. But damni t t Let's talk some reality. He' i s not goi,ng:; to be asking just for the extension today, he is:•going to ask you to =; remove,, -:the guaranty to this Commission of two hundred and fifty thousand dollaesj$25 000) bond. : :.- me Rodriguez: 'It has never been made. Vice. Mayor Plummer it not.., no. He .is going to ask today, in the.second phase.of this question, that that be removed. And -that's why he .didn't give the- covenant.Because he doesn't have the two hundred and fiftythousand dollars ($25,000).` Now, let's put it on the table. Cormmtssianer,Dawkins: ,OK.,,That's what I said. He has lost... I'said, he had k P lost some of his investors. You're right, he don't have the two hundred and. 7 fty.thousand dollars ($250,000) That is no secret. M. �. g - 1k12 Vice Mayor Plummer: That's not. why he lost his investors Commissioner. ft.; . ,I am in favor, and I was the one who championed this China city, cause Up m the ._irery ,:beginning Commissioner Dawkins:.: Well then, all right, then move it, so we can get'out,In y;, vice, �►+r Plrs Soil I :am saying to you is, that .if that two hundred ands f Abousand: doIIIAr~guaranty is;,rea:oved, <I predict,= to this anmission s ►ou.are trying to accwpIish in development, is doing to fail' x s l i~ lns 11 MgK I a1 V t4kct that ;chal le goi, rT .lat lctuee me `ir Pt,hAA #_ !t Commissioner Dawkins I move that it be... that we remove it. I take the F challenge. ij Mayor Suarez: So moved. OK, Vice Mayor, go ahead and finish please. Vice Mayor Plummer: Let's remember, that this project is in the inception for ►, � parking s the first three years.- Not a single p g Pace is provided. I say to you, in this community, that can survive without parking. It there is no business has got to fail. And if you remove that bond, there is no guarantee that you will have the parking in three years. y ' Mayor Suarez: But Commissioner, he is not in front of us to ask for a removal of the two hundred and fifty something. Vice Mayor Plummer: He is going to ask that. Commissioner Alonso: Are you going sir, to make that request? Vice Mayor Plummer: You bet your bippy. Mr. IsaacShih: I'd to pay... before the CO (Certificate of Occupancy). Is _ it fair? I don't have the CO, I cannot... occupancy. Commissioner Dawkins: OK. The only thing... 1� Commissioner Alonso: Well, if he doesn't have a CO, he cannot function, so. =i Vice Mayor Plummer. You see, ! you want development - that a it's nice to say, developer is going to walk in and abide by the rules and regulations that everybody has to abide by. OK? Commissioner Dawkins: That's fine when you've got full development, and you've got people beating... Vice Mayor Plummer: But this particular. a Mayor Suarez: Yes, 1n Coconut Grove, for example. Commissioner Alonso: Yes. commissioner Dawkins: You've got people beating down your doors to develop, that"s -fine. But when you've got a depressed area that you are trying to develop, we have... Vice Mayor Plummer: With a potential of further depressing. r - Commissioner Dawkins: ... you have got to make some concessions, and you've _ got to do something. And as you said, J.L., if we don't get the parking',.at least-w'd,-have started development on Biscayne Boulevard. Somewhere, it has to -; start. Vice Mayor Plummer: You know how many vacant buildings you've got on Biscayne s Boulevard now? :You want another<one? That's what you are looking, at., }x Gomnissioner Dawkins: You know, that's fine. Vic e: Mayor Plummer: No, it'.s not`.fine forme. Caanmissioper.. Dawkins: But. it doesn't necessarily say, that the same:' hang tfiat.-happened to. -the =other' buildings. is ..going to happen ;to this one.. ; kle are surmiaing,' that this wi11 happen. _ Mayer Suarers Isaac,: you know,.that we will get to.a point here..! ther.a was r ' a' fauncus case, and torfallow, pursue, a11- of our concerns, in particular YCdt Mayor:' iulmmer'.s linepfr inquiry ;and',concdrn, there is apoint here at which y your project, by ;'inability to meet with 'even the most essential conditi�ane e IW,slave; which right now,00n't concern us as much, because who tares - I ibcayna sou tevard, north of the Omni, you can park almost anywhere $� 1#1� #ot that,. muchrhappeningt°tfiereR ' But` ultimately,- we `havh to»wo�il��► r ����� r,equ I IraMentso We reduced.., I think na wanted t m01 iinvt ' ti 1 i wJA 3 A11�4ts '#�! #!!!!Ar '�M! antl"! F Orr_ pis ,- 7i — - K Vice Mayor Plummer: That's right. Mayor Suarez: We reduced it to two hundred and fifty. We overrode his vote. There is going to be a point in which you are going to begin sounding like a Certain fellow who wanted to develop Du Pont Plaza, and who had a - I think, what was it a thirty thousand dollar ($50,000) investment there, or something like that, for a forty million dollar project. Mayor Suarez: Well that wasn't Du Pont Plaza. That was Miami Capital Center. Mr. Shih: I put three million dollars already. Mayor Suarez: Well, it's in the Du Pont Plaza area. You're going to begin sounding like somebody who does not have the wherewithal to carry out the kind of project you would like to see there, in which case, we then, are in a position where we are just building you know, castles in the sky. And that... I'm just warning you about that, because so far, you still have the majority here that says, let's bend over backwards, let's go around all of our requirements, the man is going to build something in an area we want to develop. We are going to get to the point that we are going to wonder whether you have the ability to do it. Two hundred and fifty thousand dollars ($250,000) is not a major requirement. I just heard you say... Commissioner Alonso: It is not. Vice Mayor Plummer: With a million dollar project, he can't produce two fifty? Mayor Suarez: I heard you just now say that you want to move that back until the Certificate of Occupancy. If what you are doing by proposing that, and it is not before us today. Commissioner Alonso: It is not, because I was not told. r 411 t; h Mayor Suarez: And that we were told, was his office - say, sir, you are a very nice man, you had grandiose dreams, we wanted to help you, but there is a point in which you don't have the ability to carry this out. Don't give us that impression. Because we've been given that impression before. 'there was a nice man that he was very substantial who was going to build a beautiful shipyard, marina, whatever you call it, right next to here. Vice Mayor Plummer: Yes, that was a Rolls Royce. Mayor Suarez: A few of us were taken by him. My Commissioner, all the way to My left, I have to admit was not, and we are in court, and there is no fixed up marina there. Commissioner Alonso: And I was not here. Mayor Suarez: She wasn't here. She would not have been taken in if she had been here, et cetera, et cetera. We have those kinds of people. I've seen you in operation in the Far East, I've seen you in operation in Tokyo, I've seen you in operation, and Commissioner Dawkins and I were together. It seem like you have the ability to do this beautiful project. I think, unlike my colleague, Vice Mayor Plummer, I think the area needs that kind of a project. Commissioner Alonso: Oh, yes. Mayor Suarez: We can afford it. I don't think that there 1s all kinds of, quote unquote, open, empty space in that area particularly. Of the kind of project you are going to build, which is unique, it's mixed use, it's got residential, et cetera. But you have got to pay it to the piper at some point, and our condition of two hundred and fifty dollars ($250,000) as a ki i t requirement to waive, what would otherwise be the minimum par ng requ remen _ you are going to have a tough time getting that waived in any way further, or extended, or... I would suggest that you figure out a way to comply with that in short order. I just have a feeling you may not get the votes to extend it further. V-ice Mayor Plummer: Mr. Mayor, just for the record sir. I want you to know that when I met with him day before yesterday, I said I am not hung up on a fletter of credit, or performance bond - you've got any other collateral? i f Mayor Suarez: Right. Vice Mayor Plummer: Anything.to guaranty the City, is acceptable to me, but jj you've got to make a commitment. _ Mayor Suarez: Yes. OK. Mr. Rodriguez: In trying to again, to answer your question as to how we can help:him, if youwant to make any changes in the conditions that you all imposed on the approval of the permit, we have to schedule that before you ' officially. And we have. to go through a process. And we are willing to do that anytime. Mayo r'Suarez: Well, Lam glad you, are. Mr. Rodriguez: I mean, as soon as possible. p Mayor Suarez: Because that's the way it works around here. z Mr. Rodriguez: Right. Mayor Suarez; And yes, of course, we have to schedule it. So you are hearing him,.. And if you ,don't have an; attorney, and your architect is not here -who t is your architect? - you were ready to say? Mr. Shih Peter Pong.}"�, Wdon me? 5 ti3r P or plum0or That's a chinese version of a Cuban well known. r � y {f4 k '.s A� 1991 4- k nY i 11 Mayor Suarez: OK. These people who are professionals, and who are linked up to our staff, with whom the staff has worked with in the past, Can help you get through a lot of this. It is true from our perspective, we want to make... almost do everything in our power to make it happen. And Commissioner is taking your item not, you know, out of turn, it's not in the agenda. We are going to try to change an entire City ordinance, much to the dismay of at least one of the members of this Comriission, to try to adjust the time table to you... Vice Mayor Plummer: I have no problem with changing the ordinance. Mayor Suarez: There you go. See, you even have him. Vice Mayor Plummer: No, I have no problem with that. Mayor Suarez: But there will be a point in which you have to show by viability. All right, Commissioner, you had a motion. I j Commissioner Alonso: OK. Yes. I'd like... in order to avoid further 11 problems, I would like to meet with you and the staff, and go over this very f carefully, so we can explain to you what the City of Miami expects from you, what is appropriate for the type of development that you are doing, and having ' the reassurance that you understand quite well, what 1s the position. We want this project to continue, we want it to be a success. And I think that I, as a Commissioner, and I think it's the feeling of everyone here, we will like to help you. But it's important also, that you understand. And I brought this emergency item, because I think it's important. And I would like you to understand quite well that we are doing all in our power to help you, but you also, have to help yourself in order to make it a success. So, let's get together, set up an appointment with the staff of the City of Miami, and we go over the points and be certain that you understand, so you can meet the deadlines from here on, and you know when to deposit the bond that is =` necessary, and that you agreed to. And in a project of this nature, I think it's an excessive amount. And to work with you to make it a reality. OK? Mayor Suarez: Thank you. 1 Commissioner`Alonso:- So, I move that we approve the... consider it. Mayor Suarez: OK. We instruct Planning to prepare the ordinance. Commissioner Alonso: We need a motion for this, don't we? -a Ms'..Maer:' Yes. I believe, you in fact, read the motion. Commissioner,Alonso: :Yes. Ms. Maeri` I think though, I'd like to follow your remarks though... Commissioner Alonso: OK. -_ Ms. Maerr ., -with the announcement on the record, that in fact, Dr: Alonso was. addressing the. remarks to Mr.. Shih, who was standing at the microphone.' Because I don" t,beIieve, he made an appearance. Vice`Mayor Plummer: :What? k. . Commi ssi oner Al onso: Or, OK. Yes. } Ms� Maori: I don't believe Mr Shih stated his name on the mike. r w Coinmissioher Alonso: All right. I Ms, Baer: And for the purpose,of the record. i ,► r dares 34ac Shih, and you want to give an address Mr. Shih to have x n the rec0o si r? '� s O A�ensos Yes. Ct3ne back to the mike. �f t kaki ht i 2 ,may I t y, 4 + Mayor Suarez: She is Getting the address. We will have it reflected in the record. Commissioner Alonso: Fine. Mayor Suarez: OK. Ms, Maerr And in fact, I heard Dr. Alonso read the motion. Commissioner Alonso: Yes. — Mayor Suarez: There we go. So* we have a motion. Do we have a second? Commissioner Alonso: But I don't have a second. Commissioner Dawkins: Second. Ms. Matty Hirai: Yes, sir. We do. Mayor, Suarez: Seconded. Any further discussion? Call the roll. Commissioner Dawkins seconds. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 91-310 A -MOTION INSTRUCTING THE ADMINISTRATION TO CONSIDER - AMENDING ORDINANCE 11000 IN ORDER TO EXTEND THE PERIOD = OF. TIME FOR OBTAINING BUILDING PERMITS AND CERTIFICATES OF USE AND OCCUPANCY PURSUANT TO ORDINANCES 6871, 9500 AND 11000. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by; the following votes AYES:;,. Commissioner Miller J. Dawkins Comm ssioner Miriam Alonso Vice Mayor J. L. Plummer, Jr Mayor Xavier; L. Suarez NOES: None. fr ABSENT: ",_;.Commissioner victor De Yurre ------------------- — -- -- — ----- — . 3 ' is ..NDER •. z-J 7. AUTHORIZE- CITY ATTORNEY -.TO ;INITIATE PROCEEDINGS UCHAPTER' 86, PLO' J IDA ; STATUTES; , TO, - OBTAIN UDICIAL_ "DECLARATION OF " THE` RIGHTS : AND STATUS OF THE CITY 'AND 'OF FLORIDA POWER SLIGHT COMPANY (FPL), AS THEY EXIST UNDER,,TERMS, .,OF A -FRANCHISE AGREEMENT GRANTED TO FPL BY" ORDINANCE: fk;9472.:FOR PLACEMENT OF UTILITY LINES IN / ON / UNDER CITY STREETS. ff: --------------------------------------- Y ` Mayor; Suarez: item 5. a ;j Commissioner Dawkins Mr. , 9 Mayor, we've of another. y ¢y� Suarez:'Conmissioner Dawkins. w �- Commissioner, Dawkins; Me. Manager, you want to explain your _ emergency here,s- before ., sc� I can try to 'move i t please? fir` And that's reetty the City Attorneys, xcVe but i asl�e,d him _rd } irolald ahead and fits. x #Fh► This i s on the... excuse me, on the... �1'9.05r* Oawkit►s. G �.et mu cut through it. Let me Gift throuGh it fpr r Y� I 'fy �{£ S S krq i IS op 5x`;r t N s r4 S Mr. Odio:...and as initiated a declaratory judgement against the Florida Power and Light to determine the constitutionality of the indirect ad valorem taX, exemption. Commissioner Dawkins: OK. Let me cut through it for you. As you know, i went up to Tallahassee to represent... as, you know, a member of this Commission. The Florida Power and Light Company has passed a legislation up there to usurp all of the powers that municipalities have, and one of the things is the credit for ad valorem taxes. What they are going to say is, that anything that you pay, they can deduct from your franchise fees. And they are really... it's passed by the House. It's in the Senate now, and it's going to come out of the Senate. The reason that it is going to come out of the Senate is, that Florida Power and Light, has the biggest lobbyist, highest priced lobbyist in the State of Florida working this. So, it's going to pass. So, the Manager, asked the City Attorney to write a resolution for us to authorize a lawsuit which has to be filed prior to the passing of the bill in Tallahassee, so that we can charge ad valorem taxes to Florida Power and — Light. Commissioner Alonso: Yes. Vice Mayor Plummer: About how much money is that? Mr. Odio: The estimation was, two and -a -half million dollars a year. Vice Mayor Plummer: They are presently paying us a full franchise, plus two and -a -half million? Commissioner Dawkins: No, no. Commissioner Alonso: No, no, no. Mr. Odio: Oh, no. They are not. Presently, they are deducting ad valorem taxes... Commissioner Dawkins: From the two... Mr. Odio: We intend to go to court and say that it's unconstitutional Commissioner Alonso: Yes, And I am very glad that, due to my comments in=the last Commission meeting, the legal department researched this matter, and that's how they discovered.that this was happening in Tallahassee. Because'it- would have gone in inadvertently, and it would have passed. Commissioner Dawkins: Without any challenge. u u: Commissioner Alonso: Yes. And it needs to challenged. And if not... So, as to a result of my comments in the last Commission meeting, they researched, and we.found that this was happening in Tallahassee. So I am very glad that this has happened. And I second the motion of Commissioner Dawkins. Mayor Suarez: OK. So moved and second. Any further discussion? If not, please call, the roll. 1' t 1Nr i t i 38 April 2 AJ � a k x F c r i - 01.1, The following resolution was introduced by Commissioner Dawkins, who moved its adoptions RESOLUTION NO. 91-311 r A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE PROCEEDINGS UNDER CHAPTER 86 OF THE FLORIDA STATUTES FOR THE PURPOSE OF OBTAINING A JUDICIAL DECLARATION OF THE RIGHTS AND STATUS OF THE CITY OF MIAMI AND OF THE FLORIDA POWER & LIGHT COMPANY OF THOSE RIGHTS AND STATUS EXIST UNDER THE TERMS OF A FRANCHISE AGREEMENT ' GRANTED TO SAID FLORIDA POWER & LIGHT COMPANY BY ORDINANCE NO. 9472 OF THE CITY OF MIAMI, FLORIDA, FOR PLACEMENT OF UTILITY LINES IN, ON AND UNDER STREETS IN THE CITY, SAID AGREEMENT PROVIDING THAT CREDIT BE GIVEN TOWARD COMPENSATION OWING TO THE CITY BY THE UTILITY COMPANY UNDER SAID AGREEMENT FOR AMOUNTS OF - MONEY PAID TO THE CITY BY THE UTILITY COMPANY IN THE FORM OF AD VALOREM TAXES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) - Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. } Mayor Xavier L. Suarez NOES: None. ABSENT: None. -- --------------------------------------------------------------------------- -'. 8. APPROVE CLOSURE OF DESIGNATED STREETS, RESTRICTION OF PEDDLERS AND PROVISION OF IN -KIND SERVICES IN CONNECTION WITH: SALUTE TO THE TROOPS - A FLAG DAY CELEBRATION PARADE, TO BE CONDUCTED BY METROPOLITAN DADE i COUNTY _AND .ITS MUNICIPALITIES TO WELCOME RETURN OF AMERICAN TROOPS FROM PERSIAN GULF. =(-------- - - -- --- ------------------------------------------------------- M-ayor Suarez: Item 5. - =f. I -+ Vice Mayor Plummer: Can I.do an emergency? Mayor Suarez: .Commissioner Plummer. Vice Mayor Plummer: As you know Mr. Mayor, this Commission passed unanimously, the welcome home of the troops from Desert Storm. This, and meeting°with the County, I would like to propose the following: THEREUPON, VICE MAYOR PLUMMER READ THE RESOLUTION INTO THE PUBLIC pry RECORD, _BY TITLE ONLY. I so move, sir. Commissioner Alonso: I second. .r: Mayor Suarez: So moved and seconded. Any discussion? If not, please call r the roll. ; {x r ,r i •+ YA1. f 39 Apri l 25, of y� t ql t,- M 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 91-312 A RESOLUTION RELATED TO THE "SALUTE TO THE TROOPS: A FLAG DAY CELEBRATION" PARADE TO BE CONDUCTED BY METROPOLITAN DADE COUNTY AND ITS MUNICIPALITIES ON FRIDAY, JUNE 14, 19915 TO WELCOME AMERICAN TROOPS BACK FROM THE PERSIAN GULF; AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;, FURTHER ESTABLISHING AN AREA PROHIBITED .TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; AUTHORIZING THE PROVISION OF IN -KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE, RESCUE AND INSPECTION SERVICES, GENERAL SERVICES ADMINIS R ION/ 0 W S T AT S LID A TE AND PARKS AND RECREATION; FURTHER AUTHORIZING THE ALLOCATION OF AN AMOUNT NOT TO EXCEED $25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: I vote yes, and at the next Commission meeting I'm bringing forward some organizations that I think ought to get funded. Because I ,just,-you_.know, during the budget hearing, we sat down, and I gave 'up certain projects and now, so it's just up to me to try lobby on this = Com i ssion , and_ get up get them through. But I will have a list at the next :k Commission meeting. Mayor Suarez: OK, item five. -------- -------- - -------------------------------------------------------- -(A) DISCUSSION CONCERNING CONSOLIDATION OF OFFICE SPACE IN CITY DEPARTMENTS. - (B) INSTRUCT ADMINISTRATION TO PREPARE REQUEST FOR PROPOSALS (RFP) FOR CONSTRUCTION --OF A NEW ADMINISTRATION BUILDING. (C) INSTRUCT MANAGER TO ANALYZE THE TWO PROPOSALS ON HAND (FOR TEMPORARY LEASING) RECOMMENDED BY COMMISSIONER ALONSO AND MAKE =r: FINAL RECOMMENDATIONS - INSTRUCT MANAGER TO NEGOTIATE WITH: Y. PROPOSERS FOR BETTER TERMS. ,..—........rear-----..----..---------------..:------------------------------- ter.-----..e.�s.. Mayor Suarez: Item 5. K Vito Mayor Plummer: Dawkins is being unpatriotic. as Coxm+iesioner Alonso: Yes, and... t xduars And thong by the way, let me: -make an announcement. I had asked �r ' the Ala t�pOople;to be here, and of the morning. So after this item, we! II t.' 'ode the y6u,.and counsel's here and the promoters. And I ,dust simply s sk d fort - he.., boggod the indulgence of my fellow Commissioners to hear them { 40 April 25 11 *] ROWAN out and see if there's any further thing that we can do to help them. I know the item did not have the five day notice requirement, and so we may not be able to take any action, but at least we can... who knows, maybe we can come up with something. Commissioner Alonso: OK, it's the City Administration Building, and first a little history. You assigned me about a year ago, the responsibility to look into the possibility of having our own new City administration building. At that time, we had and still have, five possible options or solutions. One, do nothing. Two, seek a preexisting facility to purchase. Three, build in the downtown area. Pour, build somewhere else, City Hall or exhibition center. Or five, lease available space in a short or long term lease. After you gave me that responsibility, I called for three meetings, public hearings, and we held three. One in the northeast area at Legion Park at 7:00 o'clock at night, the 26th of February. The second meeting, it was in downtown, convenient to downtown and Overtown area. It was in the City Administration Building downtown, and it was in the morning. And the third one was here at City Hall at 6:00 p.m. and it was in March. The City Clerk sent out notices. All proposals and written recommendations were recorded, and we received 24 proposals altogether all through the time. Ample opportunity was given to everyone to present their views and proposals... Mayor Suarez: The total of 24 proposals, if I may just ask for an inter... I'm sorry to interrupt you... Commissioner Alonso: Between leases... Mayor Suarez: OK. Commissioner Alonso: ...and purchase of property and also proposals to build. Mayor Suarez: Constructions. And was more of one or the other, roughly? Commissioner Alonso: Eight were leases, and the rest were for construction or purchase of property. Mayor Suarez: OK, thanks. Commissioner Alonso: As I said, ample opportunity was given to everyone to present their views and proposals. And something was very clear to me, not only from developers or owners of properties for the public at large, that the location of the administration building,it should' be downtown` Miami, Government Center preferable. And the City administration should be located convenient to all the residents of the City of Miami. My recommendation today is_.to go .into a short term lease approximately four to .five years. And from then on, go into and cover all legal aspects, and make a decision, a final decision, at a later date, not today, to build our own facilities. Perhaps a turn on- key, or some sort; of deal of that nature. We have... if we approve today the possibility of a short term lease, it will mean savings for the -City a` of'Miami in the next four or five years, of about $4.5 million. This, if we go on :leases without the escalation clauses. If we go assuming that there wi 11 be leases: .who have escalation clauses, it wilt even be higher. The current rent that is paid by the City of Miami is 1.8, without taking into account -.some of.the other expenses that go with the leases that we have right now. The proposed rent is about one million per year. Vice;Mayor Plummer:. Excuse me, may I ask a question? ' Conrmissioner:Alonsos Yes. Vizie Mayor -Plummer: Of the million eight that we're presently paying, for how many squarefeet? Commissioner Alonso; Approximately the same that we are going to have, in the neighborhood of ninety, ninety-five thousand. -rya ia.<Me or Plummer;. All right, I have another question, but it can wait and e` th is that the recommendation of the staff was that we need something near a< t� nl r j inpp fii*Qt + xt thousand,,` so I- would question what happens between the y 3 r rtv p Commissioner Alonso: No, the staff recommendation, even when we come with buildings that we own and that the City Manager is considering about selling those properties. Even when we take that into account, the number that we will need, it will be a maximum of hundred thousand - no more than that - and taking into account that we are considering on a very high rate per employee. And even so, it will not be any higher than $95,000, it is my belief. Maybe a hundred thousand maximum. And I think that might even be excessive. Vice Mayor Plummer: OK, just for the record. I distinctly remember Mr. Bailey stating 150,000 square feet and 461 and a half people. Mr. Mayor, you remember the half people? It's just for the record. Commissioner Alonso: Yes, also I think the number of people that we have working at the present time is lower than what we had at that time. Mayor Suarez Oh, I'm glad you're pointing that out too. Commissioner Alonso: Yes. Vice Mayor Plummer: We lost the half. Mayor Suarez: Right. Commissioner Alonso: We lost the half apparently. It never reached my time, the half. Things... Mayor Suarez: Well, we made up for it. Look at Dr. Prieto, how eager he is to get up on the mike and do the City's work and that ever present smile. Commissioner Alonso: Yes, yes. Oh, he will have ample opportunity. Things to consider: location; price; lease term; parking; transportation; space available, and moving expenses. Before I move into the properties that I like to recommend and then you will make the final decision, it's a comment that during our search for a new administration building, we had several proposals made to us that were not only attractive, but also reflected the enthusiasm Miamians have for their neighborhoods. One of these proposals was the Miami D&D Center located in the Design Center. We met with the owner of the property, along with several of her tenants, neighbors, and fellow property ` owners, recommending that location. It is a wonderful property, but lends itself more to the type of business that are found in the Design Center.- Our staff was concerned that our locating the City office building there would take away from the very special ambience of this district, and I encouraged the owners, neighbors to market this facility to businesses more compatible to the design industry. Also, we were concerned with the access and parking in = that property. I think that the location for the City administration building 1; definitely should be downtown Miami because the City administration building, should be convenient to all the residents of the City of Miami. The space has been clearly defined as a needfor95,000 square feet.Parking, it is my belief we need about`300 free parking spaces. The lease should be short term,' no escalations: clause, and the rental rate should be reasonable. Mayor Suarez:: Can I interrupt.you for a second? = Commissioner Alonso: Sure, yes. Mayor Suarez: is the five year estimated rental period enough to cover - staggering in all of the six spaces that we're using for the employees in = question? Will that complete all of the present commitments ''so;:that = presumably, each one could... w Commissioner Alonso: Definitely. At the present time, we have no problems, j - with existing leases. So we are in an ideal situation. We were not a year ago... 3* Mayor Suarez: Oh, all six would be about to expire? s - Cb missioner ,Alonso: lies. long term. r X , i4ey Also, we can:: conceivably even do a shorter, than five years ..= i { i r 42 A 01 Zia, ,1 a s - S "-W Mayor Suarez: All but DDA. Commissioner Alonso: Yes, now, i will address my position in what I think it should be at least a five year term, because I think 1t will give us... Mayor Suarez: Because you think you can get a better deal that way? Or more stability or... Commissioner Alonso: it will give us an opportunity to make all our decisions _ and make the plans. Mayor Suarez: OK. Commissioner Alonso: So whatever we do, and if we go into a lease that gives us some flexibility as to shortening the time, let's see, maybe three, four years. Four years I think probably will be an acceptable time where we can move everything including this building into a new facility. It is my belief. OK, so after extensive study, analysis, and comparison, I'd like to present to you two properties that seem to offer the most convenient terms for the City of Miami. Both properties are located in downtown Miami. Both are close to public and private facilities in central business district. Both are adjacent to major bus and Metrorail transportation facilities. Both are located in a mixed use structure - retail, office, hotel and residential components - all located on different levels within the same building. Both offer exclusive separate lobby entrances. The two properties are - and in this order I'd like to present to you - DuPont Plaza Center, 300 Biscayne Boulevard Way, and the second property is the Jordan Marsh building, 1501 Biscayne Boulevard. Mayor Suarez: Both offer exclusive separate lobby.... Commissioner Alonso: Yes. Mayor Suarez: What does that mean? Does that mean what I think it means? Commissioner Alonso: Yes, it means that both properties have offered tows to have a separate entrance... Mayor.Suarez: Where only City of Miami... Commissioner Alonso: ...from the rent of the facilities. Mayor Suarez: Where only City of Miami 'employees and people visiting them would presume.:. Commissioner Alonso: Exactly. A lobby that it will have signage on the outside, ;and it will be.a separate entrance that it will not... for example, the:DuPont'Plaza we will not have to go in the center of the hotel in order to enter,the;offices of: the City of Miami. It will face the street. They will be able to explain in their presentation, and they can answer some of the 7: specific; -questions -that you might have.. But I have been through .the property, e -and itls�:defin te- it's a'separate entrance. ` Ma or Suarez, And assumes a certain amount of usage, obviously.- Assumes y a certain. amount of space being rented. If you begin to reduce- that over - time, then they may not be able to make the commitment, I presume. { Commissioner Alonso: Even if we do, it will maintain a certain degree of —' identity... ate- a Mayor Suarez: Exclusivity or... A Commissioner Alonso: ...City versus the rest of the building, yes. And in both ;propet'tiss we have that; situation. Even though here, in some' analy,.eis; y In the Jord+sn , that. op,hev these papers that were given to your offices. Mer•h, :I have some discrepancies with some of the staff, but I think it"s a s , Alapr. ditf0r4nce Jn: some of ,the. explanation. het me go over the DuPont Plata _ener, This. property, I have gone fran the first proposal that was given to elw► aWl0`,, e hsd:the pubis hearings, and :we have come: a long ways e-fPxt1 the r lter;wthdtheyT.gve m : At that lima, they told ene �D.CO sgutr�eet, ; e a fafed,+at the first-time* lit W43 ` cludi ng cleaning $ C fell service,ex�r , y ienetice, enr��ua1 CPi 'escalation net to exceed five percent , as i s, and t tart 'ss 33 ■y' (9. /s� - i j'yse``ff`"im�- i a5. at that time also, they were charging us $55 per space, parking spaces, for the first year and then from then on, $70 for parking space. And a five year renewal option. The last offer that I have and the last proposal that I have received from DuPont Plaza that I find that is very attractive for the City of Miami, they come to a five year lease, $10 rate. It includes electricity and other utilities, janitorial service, cleaning, maintenance, 24-hour air conditioning. They give us $5 per gross square foot bill out allowance. They give us 200 free spaces, parking spaces. This is in a five year lease. If we want lower terms, let's say four years, they will give us the same ninety to a hundred and ten thousand gross square feet of rentable space. They will do it in four years with a series of four one-year options to renew the lease. They will charge us $11, and if we stay five years instead of the four years, then the option years will be $10.50 rather than $11. And it will include too cleaning, maintenance, water, electricity, and 24-hour air conditioning in the building. They will give us an allowance of $4 to fix the offices. They will give us 200 free spaces. So I find that this proposal is very beneficial for the City of Miami, it's very attractive. Also the Jordan Marsh proposal give us a minimum rental space of about 95,000. They offer 500 parking spaces at no cost to the City. Locationwise, it's more or less the same in the two proposals. They will give us renewal extension of the lease as well. But, as you see, price is a little bit higher than what the DuPont Plaza Center is offering to us. It's up to you to see if you would like to go into a five or a four year term. And if you find that the conditions presented by DuPont Plaza are better for the City of Miami, or the Jordan Marsh proposal. I find that what we have in front of us from the DuPont Plaza at the present time is very attractive and that's why I have placed it as a first choice for me at the present time. Mayor Suarez: Two questions. One, directed more at you and the other one more at the Manager. One is on parking and the other one is on tenant improvement allowances. On tenant improvement allowances, did you get any feel for what either one of these two landlords might do? Commissioner Alonso: Yes, that's the $5 that they give us. Also, the Jordan Marsh has agreed to... Mayor Suarez: That's already in the record? That's already in the report? Commissioner Alonso: ...a $1.5 million for the total area. But it will go, some of that money will have to go to the lobby entrance making a separate entrance. Also, the space that they offered to us is open space, will take a lot of constructing of partitions that will make it much more expensive. Also, we will have to lower the ceiling. That is also expensive construction, as well as some work that has to be done in the elevators as to have complete separate elevators from the rest of the retail area in the building. Mayor Suarez: OK, and then on parking, Mr. Manager, what - or Herb - what is the... assuming that the 451 and a half employees, et cetera, what is really a : what we think we need by way of parking? -a minimum parking? Commissioner Alonso: Yes, may I make a comment before Herb goes on? According to the number of employees, I have checked very carefully the number of employees,'and actually the number that I come up everytime, unless we also _ move into the building, and I think that's intention of the City Manager, some of.the properties that we own, the number that I come up is 274 employees. Mr.:Odio No yes.., Commissioner Alonso: If we add the rest of the people, the ones who are in. the properties that we own, the total number that I come up is 375. Mr. Odio: We're moving... Community Development and Personnel. ;r Cpmmissionert Alonso: If, indeed, we move everyone, and even counting, I believe DpA... Mr. Odio: And the Law Department. - Cp tssioner Alonso: ...we came to that number of 375. They are counted on the;375. So 1 would say 'that anywhere between 350, it might be the right ti _ x s ='r 44 April 25, 1991 1 ' � :�-; 5, ]. T.�. Commissioner Alonso: Two thousand, seven hundred, I believe. Commissioner Dawkins: Huh? Two thousand, seven hundred. Commissioner Alonso: Yes, 2,700. Commissioner Dawkins: Mr. Manager, I need somebody from the Planning Department at the mike. OK. Off the top of your head, nothing exact... Yes, come on, yes, you. This one, this is the one I need. Off the top of your head, how many parking spaces are required for the selling places like Jordan Marsh, J.C. Penney's. How many, with the square feet they got, how many parking spaces would be required as per the Code? Mr. Guillermo Olmedillo: That will be one per 300 square feet. That's approximately 150,000 square feet, each one of the stores. So that's 300,000 square feet, like maybe a 1,000 parking spaces. Commissioner Dawkins: A thousand, OK, so... Mr. Olmedillo: Tops. At peak time. Commissioner Dawkins: All right, so now that leaves us 1,000 to work with, right? u —x Mayor Suarez On the same line of questioning, would those spaces i and maybe Commissioner Alonso ascertained that and maybe you did not - would those be in a particular location within the huge parking structure, and would they be somehow adjoining the... Commissioner Alonso: Yes... Mayor Suarez: ...and identified? Commissioner Alonso: ...in the proposal and in the many visits that we did to the property, we were advised that the parking spaces were going to be adjacent to the entrance in the fourth floor coming from the parking area into the facilities that we're going to be.... Mayor Suarez: And presumably, maybe even having a separate entrance that could be used only by their employees, by our employees? Commissioner Alonso: ...so they were going to be adjacent, yes. They offered to us a separate entrance in 15th Street and another one coming from the parking area into the facility, yes. — Commissioner Dawkins: One more question and I'll be finished. What did they say they would do to add windows to the facility? I don't see a window there. Commissioner Alonso: That I discussed when the proposal came to us, and in some of the visits. And at that time, which you have to remember that the property was represented by a different group, the Florida East Coast Properties were in possession of the property at the time. And now it's Travelers. We were told that they could open large windows in the... look into the parking area where we can find the equipment for the daycare center. I In order to make the space more conducive to proper business and the peace of mind of our staff. Commissioner Dawkins: OK, one more question from you. Of the two spaces, which one>is it going to be ready to move in with the leastexpensesto us? Because the -amount of money that... although you recommend it, I mean, you're ' in favor the DuPont, I'm just asking questions. The Jordan Marsh site would have to do the elevator, and they're saying "X" dollars for rehab, then some of that "X" has to go for the elevator, some of that "X" has to go for the windows. How much would actually go for making the place ready for us to use? rj Commissioner Alonso: I -don't find that when it comes to the allowance we will hat much problems, or much difference between one the other. It will be just 1- about;the'same,-even one sounds like a lot of money, 1.5,.in comparison to the $5.allowance, for $4 allowance, that the DuPont gives to us. But I would say— that;; .from:; the point of view : of the City of Miami , we wi I be able to move faster, into the DuPont Plaza than into the Jordan Marsh area. It is my, belief:,. and that's something that perhaps the staff will have to clarify on the record, because it's important. They have much more experience than me when°it comes`; to government dealings and properties. Commissioner De-,Yurre: OK, Mr. Mayor. Mayor suarez:.:,Co missioner'�De-Yurre. ' a Commssioner:pe Yurre: On .determining these costs, and I think it's a crucial- ' factor,`you know, I think that the bottom line and I don't know.if we have,a consensus�here'orynot - we know that we have to consolidate. It's in the `best A it:terest �of' City. Whether we do it via rental of an existing building -ter a whethar':we dv it via constriction of our own administration building, I think. has to be decided and if that's the way to go, that we make,, you know, wef oi'$atie ;policy as.,.. . far" as that s concerned. Whether we' decide , that.. if we decried=. the war Ito go is that we want our own administration building, where <S N — WO T Ul ki ng about some people saying that in a 20 year lease proposition a i:hat: iri 20Yoaro-�Ihe building is ours, which is, I think, something that would i1 bd very good for the City of Miami. Then we need to consider how long would - it t k to bufld`:{tf atr structure. And in that vein we need to see whether the yi rrf dlt rs that it wo01d cast us to move today,, knowing that in tbree years for ei did w, l ' ==have our .own - oui l di ng, i f .= that' s ° the 'use whether the re ai•o there for os to make this kind of move, take al l the: tielet '*F eeR. atthiuncture We 'need'to identify not only the oast !of what 3fiq fi f _ "tool _ apt e' ✓ jk �4'.f" A:: i< ru a } n it takes for us to move physically out of where we are right now. Out we also have to realize whether we have existing leases that we have to, you know, come through on. I don't know if there's any that is left that we have any commitments with. And also, the actual cost of preparing the building beyond, for example, the DuPont Plaza, of the $5. You know, I don't want to get into a situation where they're putting up $5 and we have to put up $15 to build it nut. Because we don't know. And I think we have to know exactly what those numbers would be like in order for us to make a decision, whether on the short term, to make this kind of move or whether to sit where we're at proceeding with the construction of our own building. Commissioner Alonso: Yes, I think those are very valid questions, and I'd like to address some of them, and I'd also like the staff to address some of these questions that Commissioner De Yurre has. And when it comes to the move, I think it's very important to move. It will be a serious savings to the City of Miami, and as I say, I consider in the neighborhood of four million savings if we move in a short term lease. Meaning, we are not bound by a long term lease that will prevent us to go ahead and make a decision and saying we want to build our own facilities. And we make a decision on that sense. The move will save us money, not only because we are paying on most of the leases an amount that ranges in the twenty dollars - $20-$22 per square foot - at the present time. Which is very high. Mayor Suarez: Can we get an equivalent on that? -the total savings, leaving for the moment, the issue of relocation costs and tenant improvement, out-of- pocket. Just on the... Commissioner Alonso: Yes, minimum, minimum, $800,000 a year. In a very safe numbers. I'm sure they are higher. But in order to be very safe in numbers that we are giving to you today, and I'd like the City Manager and Herb Bailey to respond to this, but after I have looked very thoroughly in all of the numbers, I would say that the savings, being very careful in the amounts that we are giving, is a minimum of $800,000 a year. Mr. Odio: Yes, relocation, relocation. We were very careful on not extending any leases so that we could move out. Now, the cost of moving if 50 cents a square foot... Commissioner Alonso: Exactly. Mr. Odio:,....so we're talking about $50,000. So that's not a fact... vice Mayor Plummer: To relocate? Mr Odio:. Relocate. Commissioner Alonso: Yes, may I add something else? vice.Mayor.;Plummer: Wait, wait, wait... e Mr.20dio: No, no, I don't mean... Commissioner Alonso: I -even have a. proposal from the DuPont Plaza that if we increase 50.cents to the price that we pay to them, they will take care of the expenses of moving us. I think we can do it for less. e. Mr: Odio:> Yes, we can do it for less. Commissioner Alonso: My advice to the Commission is, I check into two buildings, into two departments, the Law Department and the Finance Department a' the-last:time.-.that they moved, Mr. Odio J.-:,., it's moving in. I don't mean the rebuilding. Picking up the stuff and move... Yes, sir. {; i►ice Mayor Plummer; No way. ,g Mr,.Odio; i guarantee it. s ;� - t,nsioer Alonso; One move, the Law Department, cost $15,000... ---------------- 7 1t,_Mayor, Pl►ner. No, 1.*. 40 April 25 1~ g 1- Commissioner Alonso: May I finish, please? _ Mayor Suarers If we have a disagreement on that, we could carry 1t out at folks, and this is going to get a another time. The Commissioner is speaking, little bit out of order here. Commissioner Alonso: Yes, let me say, because I believe this is important in the administration has a _ that we all understand, and that if someone opinion to put it in the records is really important* i-checked the different last time that the Law Department moved, and also the last move of the Finance $8,000. What Department. The Law Department was $15,000. The Finance was _ I'm saying is that... Mayor Suarez: They carried their own boxes, et cetera. Commissioner Alonso: ...through the savings that these departments will have save by moving into a in their own budget as to the amount that they will is half the amount that they pay now, they wi11 be able. to pay facility that the move and still have savings in their departments. Mayor Suarez: OK, you're not making that a requirement, are you? I see your like we're doing 1t attorney is still around here. We don't want to sound i think they call in antitrust law, a tie-in product or something, where what you're trying to sell us two things in one, including moving and everything services you else. But anyhow, we're happy to hear that there are other provide. Commissioner De Yurre: Mr. Mayor, I need to clarify something, because... Mayor Suarez:_ We would expect them for free, I think. Commissioner De Yurre: ...I had a conversation, and I would like to set the record straight, because I'm at a loss right now. Yesterday... Mayor'Suarez:_. Yes, we probably have to set some policy as to the long term, in addition to the short term, regardless of what we do here. Commissioner De Yurre: But yesterday, I had visits all day over here at City Billy Frexis who's sitting Hall, and one of the people that came to see me was right here. He owns the building where we have our Finance Department there. And, he,. -..came up with a figure that I would. like for him to put on the record, the $8,000 that we talked about. He told because iVa totally different from that the cost of preparing that building for the City to move in there, as me far as.all-the equipment that had to..be put in, the systems and all of that, was $128,000, and I don't know where that figure came from. And I'd like to.; f have that clear. Commissioner Dawkins: What building are we speaking of? Commissioner De-.Yurre: The Finance building, where we rent on Aviation. i Commissioner Alonso: Aviation Avenue. Mr•.Odio. There are two types of costs here that you're talking. We're f. = get jnig,. Pram what° I understand from the two proposals on; both,,we're getting' y. monies frwthe...lessors to build inside. We're talking now about just picking; up our desk and stuff and moving it over, and that's only 50 cents.a square foot" I -don t:care what... dice Mayor,:, -Plummer: You got a third cost, Mr. Manager. Mr',x4io, ; which` i s? r " H jt �. Mayor. Plummer: Well, for exempts,:I guarantee you,.unfortunatelyj that; Vile} T vr1. _-�not�-•tovar the -bosh of,�`transferarin9 telephones Just telephones .�QQ lIie, know, first' of all i :want to ask the question. ! . ;t�!RW,►ou u rez :? at's_why Coxnissioner De 'Yurre was .tatkii king about .ths.l�= . /� Ql'ltti1'! OK, Well i'nl sa►iltg,Ou kt�oW!!! tT T f . a .. ,- :" _f ♦l rL5h+r :,i _i+aw•Ki`.J..- FF%' R ' --t 14y2 rN eft. or §£ ntia Vice Mayor Plummer: So don't hedge on me, Herb, with the $5 a square foot, When I ask, is $5 a square foot, whether it's done by outside or inmhouset is $6 a square foot adequate is my question. Mr, Bailey: That is correct, And whether or not it's adequate, until we get an actual calculation from, you know, the construction part of it we don't know. But in terms of the allowance, if you compare both buildings, that is more of an allowance that we were getting from the other building. Because the other building was only $7509000 per floor. Not 1.5 million for one floor. That means we have to take 180,000 square feet. So when we look at the allowance as being provided, this is a much larger allowance for renovations than what we had before. Vice Mayor Plummer: Herb, that was not my question. Mr. Bailey: No, the question you were asking... Vice Mayor Plummer: My question is, is it adequate? -that's my question. Mr. Bailey: Until we actually do it, I don't think I can give you an accurate answer. Mr. Odio: Let me... I'm asking him. He's supposed to be the expert on this. I'm going to hold him to the $5 or whatever you decide. I'm telling you that right now, so... Dr. Luis Prieto: Yes, sir, we can. We checked on basic carpeting, partitioning, dropped ceilings, new fluorescent lighting, painting, minor plumbing, electrical. No telephone - albeit no telephone. But I don't think it's.that amount. S. 4-tars? Vice Mayor Plummer.• What a ou compu Mr. Prieto: Computer hardwiring is elemental, yes. We could include ether net into that, very easily. Mayor Suarez: Commissioner Dawkins.- Commissioner Dawkins: To the administration and my fellow Commissioners, what are we going to do about a permanent site, OK? Now, I've been here since • 1981. It is now 1991. And that has been the discussion ever since I've been here. -Now you're talking about a stop gap measure for five years.- You still 'do, knot :have your own- building. Where had we built this building ten years ago,.you'd be in it, and you won't have this done. Now, if you are not going totie-in. With this move, the provisions to go outforRFP or whatever, or go for a'design building, or whatever, a new building, I'm going to vote against- See;,no,:I'm not talking to. -you, I'm talking to my fellow Commissioners, because I;know you couldn't care less, because you're going to get paid -wherever we are: OK? See, wherever we go, you get paid.: See? ' Mr,*Adios: The .point is, Commissioner,.you're right. Commi.ssioner.Dawkins: -But i just want my fellow Commissioners to know when I ;vote no, why I'm voting no. See? I'm in favor of it a hundred percent, but nd have this same problem, see?-, And I4!in:.not going to sit here constantly a' then the,`1Mayort-,has,to come up and_say well, hey, you go find a,permanent.. He did°= teat; we had.a'•Commission. ijooking for a permanent building.:- De-_Yurre was going'tto.xput it in Overtown. I was going to put it next to the; present . Administration -Building, Fire,administration, and De'Yurre°decided hels.goino . to put.::itnext to the Arena.: And -that didn't work. And we still don't.; have po;.place. ce Mayor Plummer: .I still think the DuPont Building was the best deal. r v. 4 Canrniasioner Jeti Plu4wkins: No, ..mer.wanted it pp0'. sioner.Oawkinsthat probably=the anm a Qn r Alms s Ccenmiss I ally.think' _ Cy � MY-�z r =_ k lib�t;; it ° should be',in<<iand that -we ownr. ,We sheuid; :perhaps + e� de :e9l i ; the; best i��aO* buts pr/e/b4b, i }it-Ve/o�W /}w� yyM� a /fie jupipp jy. ''�Rh,j}If1# ;� Phat.''!!A And -#A� s�I, !!'lf�fel n a +1 Y�l11� �J111M k s ,kT a. I►/� a �/ � course,, -i Sr:� k a'3 _, � 'R. ;11� i#A M��'�,! 1�► ,:-b � " i, that! `' is al � 3 1 �Y ". It S/ r 'il�� i, a c s A (� h /� 1� of,,:, � � y'T yaaaa% aLi S sz d 4 L � �J �y APM 1 4 J iT On— mg 3� t,. .. everything that is in this location and then also addressing what are we going to do with this very expensive piece of land that we have here, and the future. And those are things that I suggest that we look into in the next month or so and make a decision as to a permanent location. See that I'm looking at very short term leases precisely to address the problem of a permanent location. Either we decide that yes, we think it's fine Government Center, because of the location and the commitment to the area and the government can function in a more efficient manner. But it will have to be done definitely, I agree with you a hundred percent. Commissioner Dawkins: Dr. Prieto, professionally, what would you project the cost of construction of a building would go up each year? Just the percentage? Mr. Prieto: It's been pretty flat for two years now. But we can expect right now, if we're looking for a high rise larger than 10 stories, we're looking between ninety to a hundred and twenty dollars a square foot of construction. If we remain under the ten stories, it will be around between seventy to ninety-five dollars a square foot. Commissioner Dawkins: What is the cost of living or whatever index that you would apply to that to project what the same building that we could get in the... contracted for now, in the year 192 would cost in the year 2002? Just professionally. Mr. Prieto: Just off the top of my head, I think we would be safe to apply a four to five percent. Commissioner Dawkins: Forty-five percent. Mr. Prieto: Four to five percent per annum. Mayor Suarez: Per year. Mr. Prieto: Yes, that's probably hard to predict. As I say, it's been flat for two years. Commissioner Dawkins: So five times ... but I'm just saying, but so five times... If it was ten years, five times ten years is 50 percent. Mr. Prieto: That's correct. Well, it's... s Commissioner Dawkins: So you're talking about a building costing half as much more than it would cost now. Mr. Prieto: Even more because it, of course, compounds. Commissioner Dawkins: So, you see, what we're doing here, we're -sitting here compounding our problems, and J. L., nobody can tell you better than J.L., we 40 don';t have any money. And if we continue to sit here and not move forward in trying to,,find a permanent place. Ten years from today, we stilt won't- be able. to purchase one because we'll have less revenue than we got 'now. And somebody else will have built one. A YMCA or YWCA or something on our -land and sti,11 be no taxes to it. Mayor Suarez: Let me put a wrinkle on that, and I don't mean to throw any cold water.,=on any. of this. I think you've done a magnificent job, Commissioner.- and have certainly, for the -short run solution to what we do to consolidate what are presently, I think, six different spaces that we're renting'at;a cost o a million and a half roughly a year, that's the worst of a All 'the alternatives.. :So your option of doing nothing - which I'm glad you put An, -,there because in decision analysis they always say,do nothing as'one option 'let -me put a wrinkle on that. And it also illustrates' why I've been unwill:ing to meet with -the various people who want to propose to us certainly . pew administration building, and even as to space, in the meantime; I think ;toatythere"s still one alternative that should be explored and it contradicts too oriontatipn of'what Commissioner Dawkins was saying, but not the spirit. ° t �oeIle ve'' that ws may bp: in a position', either as a matter of desirabi lit ors es{ato wi of.'necessity,, of not ever having., this space either rented or 1 ii oN p.structoo by; simply `reducing our City manpower to the .silGe of. M ! #1� . in Frisp rt eo' that We Owfl end that could be fixed up a l the 4it. -We ,` �l l woWiti, p+sed ' ao1110' space over time; It's silly to havo them ° in six 3r i 52 April 2S y different spaces and paying the sixteen and seventeen dollars a square foot that we're paying. So I think you've done extremely valuable work, and perhaps we can even squeeze a. little bit more out of them, concessions, relocation, who knows? Specifically... Commissioner Alonso: And if I may interrupt... Mayor Suarez: Yes. Commissioner Alonso: ...we are saving much more they are paying for electricity, janitorial work, the facilities that we own right now. if we really look at that that we do pay i n many of Mayor Suarez: Yes, I mean, if we could now take every employee we have in these six sites and put them into the one you propose, either one of them, it comes out to be about a savings of $800,000 a year. Already, that's extremely Valuable services to the citizens if we're able to do that without substantial relocation costs. My final alternative, and I want to warn my colleagues that for myself, and I suspect that at least one Commissioner here is going to be looking at this kind of thing who is even tighter with dollars than I am, I don't want to specify any names, but he's all the way to my left, we might... Vice Mayor Plummer: Name me. j Mayor Suarez: There he is again. He identified himself. We might, folks, want to still be considering the possibility that the work force of the City constricts the number of people - no disrespect meant - in the categories of City, Assistant City Managers and department heads continues to constrict in accordance with policy set by, I think, every single one of us when we got elected to these positions. And we somehow managed to have less and less employees. Don't forget, that's what the private sector does. They've got economic problems, they constrict. They fit into the space they've got. We'.ve got other considerations that play here. There's space that the City owns, and let me give you the one example that comes to mind. Known as the Cuban museum site, actually a former fire station, right? Commissioner Dawkins: Fire station. Mayor Suarez: I don't remember how many square feet we have there, but that looks like -an awfully nice looking site for Finance or Community Development. Commissioner Alonso: Yes, even though it's a small building, very small. NE Mayor Suarez:. Right,; or for Miami Capital. Yes, it's a small building. It may'not be the most suitable for that. There's space there. It's nice, it's* in -a- nice, -neighborhood, it's accessible. Presumably there's some parking in -the general vicinity sufficient for purposes of certain departments. Again, I meaniL hate to_Amply-that .we want to put people at Bobby Maduro Stadium, but I saw it fixed up one time, fairly nice, for people to reside in it. Maybe it "could be -made for certain employees to workthere. finally, let me- say < one ,other :thing.' Miami's business downtown community - I won't put any names on them, but other people refer to them as the "establishment” - have this notion that.we,quote, unquote, ought to consolidate all government buildings and put them all in downtown. I have no idea why they believe that. It doesn't necessarilyJoster our planning purposes. It doesn't necessarilymean that we have more efficient government that way. In fact, folks, remember, for many, of ourA'-departments what you've; been asking us to do is to decentralize. Police Department, we've got substations and ministations. Fire Department, by --nature :is 'decentralized., Parks Department, as a matterofefficiency, it makes_,a ;lot of sense to have the employees` close to the park that they're h- taking care of. Pius,'they have -to take care of facilities -like stadiums, for :lthew,.,,a example. And Solid Waste, by definition, is not going to be moved into f :. bpi dings et cetera. So this concept that we consolidate all government into a the Dovernment'Center which means that none of those buildings pay any taxes, �osRb`e�c40se, we ,, built a.; Metrorai t-Metromovar, which, ch : maybe we shouldn't have bui ,t in the first place, is not something that is going to be my abiding 32 pnip ity}jets wd decide' the, long term 'solution that Commissioner -Dawkins was p t►pi ldin�: forIts purposes: right now, and :given th+e master ,iiq�lut.#tis i. S.z#�ati�a`hdve 'for' dinner Key,' is being used in 'very jQod fashion So if r _t i ll .4pi0 - 0Tpropose that we -no longer have the chambers hers tit' tho r .... ` r F �► eP� Alice nor,the f Domml ssi bnO rs tztf'i ces, ,11 d probably - vote ages nst , i t _ i e 4thprea wA,$ l iy dai^it �Q#�d opportunity sm. newhere else where . s might �N s - 'Sw •Z zt z Y ""' ii t 'C. ;. }2�.wy - 3p � at��rx,« 7777 have a better chamber for example, that wouldn't cost us any money, But to recreate this somewhere else in the downtown area would be incredibly expensive. The A.I.Dupont idea, at least it had high ceilings there so you could sort of have something to begin with, because you wouldn't want to have a chambers with the low ceilings where you really have the feeling of being cloistered. In any event, I think you've done magnificent work. I am Inclined to want to continue the negotiations and the consideration, as Commissioner De Yurre and Commissioner Dawkins stated, of what is the ultimate permanent solution? I do want to warn my colleagues, and certainly people who want to build this building for us, that for myself, I am not convinced right now for my vote that we need a building at all. Commissioner Dawkins: OK, now... Commissioner Alonso: Also, may I interrupt just for a... Mayor Suarez: Yes. Commissioner Dawkins: No, no, let me get this out. Commissioner Alonso: OK, OK, OK. Commissioner Dawkins: You know, the beauty of a five member Commission is that it takes three members to function. Now, the Mayor said to his extreme left he had a vote. So, that's one and one 1s two. Vice Mayor Plummer: No, no, no, no. Commissioner Dawkins: Wait now! Let me finish now. Vice Mayor Plummer: That might be what he said... Commissioner Dawkins: That's one and one is two. Now, you have Commissioner - Alonso who has a vote. You have Miller Dawkins who has a vote. And you have Victor De Yurre who has a vote. Now, we just may find three votes to build a building. So that means the Mayor's entitled to his vote, but if I can get two more votes to go with me, we will build a building. And that's the nature of three votes. I'm sorry, go ahead. Mayor Suarez: Very good. Vice Mayor Plummer: Just for clarification of the record I never heard the Mayor'- state. he had my vote. I did hear the Mayor state that there was one _individual to his extreme left who was tighter with a dollar than he'was.: Commissioner Dawkins: Well,'I say he got your vote. Commissioner De Yurre: Hey, Mr. Mayor... Mayor Suarez: All right, now that we've all figured out who's got who in whose -pocket. Vice; Mayo r_PIummer: I just changed my °Blue Brother." Mayor Suarez;" Allright, :anything further. Commissioner:-De-Yurre: Mr. Mayor, yes... commissioner Alonso: Yes. I was going... Mayor Suarez:. Do we,, need to take any action on this, by the way? ry CoWissione r Alonso: Yes, we have to. s Y Mayor-.Suatrez: end then... } h ssonot,AlQ.50 The pother comment that I was going to say, when it comes toen tgoiution, if we are goipg to build our own building or something r ' tc► that -effect, we, of course, will have to follow the legal requirements that, =, �nlRe.10, '0n.;us,'.And I believe that we have to have our fee and :'the wi 11 heirs to address that. Anil, `+of onurs+�, i t cannot b+s : �Ust - A0041 --proposal : thgtt,. is presented to: use It, wi 11, - � to b RItP is" th4t' right, Madam C tjr Attorney? r a54 t z Miriam Maer, Esq.: That's correct. Commissioner Be Yurre: for renting? Commissioner Alonso: Commissioner Be Yurre: Ms. Maer: The Code... C_-- issioner Be Yurre: Well, do we need if... doesn't that hold the saute then No, no. How does that work? What's the difference? t didn't think that any of that applied at all. Ms. 'Maer: The Code is specific with regard to the provisions for the development of a project of a building on City owned property. However, there is no specific Code provision which specifically governs the City's leasing of space in an existing office building as we've done with all the various examples that have been looked at today with regard to the DuPont Building, and the Aviation building, and the AmeriFirst building, et cetera. Commissioner Be Yurre: OK, then you're saying that we would have to through the RFP process in order to get a qualified developer or contract... Ms6 Maer: You're talking about to develop our own site? Commissioner Be Yurre: On our own site. Ms.=Maer: To develop our own site, there are basically two procedures. Commissioner Dawkins: What could Mr. Bercow tell us... Ms Maer The question'... Mayor Suarez:''Yes, we're not necessarily going to get into a situation here of hearing from different landlords, or potential whatevers, unless the Commission particularly wants that. Commissioner Be Yurre:- Well, I just `want 'to be clear on this issue here. Ms.Maer: There are two, I believe there are two general provisions in the Code `which'would govern two different types of development on our own site. The""first,`one,is theonewhere the City knows exactly what the City would like Y to have built on'iis property. The City goes out through competitive seated bids,; as`.-We''hav'e" in the past for other projects. If the City is looking to have.a developer come in and develop the building, and lease it back to us, perhaps manage it for us, or meet one of the other combinations that are set ,s forth in ahe Charter and the Code provisions, you might then consider doing this in a similar fashion to the UDP process that you're familiar with in others deveTopmetits. Where you would then issue the RFP and have a selection process and make a determination as to the award of the contract. Weill I think that if were talking about - and there k :`Commissioner De Yurre: ' e mayy bey a consensus maybe ;not a :unanimous vote of this Commission =but to build 4, 'structure,`z then`I think` that today:we have 'to decide whether we go �Ahead with that or not because I cannot make, you know, everything hinges, as `far as my -=vote 1 s` concerned, s to whether we move today or a year front now or , tq whatever, to a temporary place or to'a`permanent place, depends on whether,rou ours kconcept is that'irre want to build our own bui]dirig. And"'if wefdo 't waRt to build=our°own building then I think.we have to start that process now, `and Ao see what is out there` ;.Y t '4 , ' �ettri�issitner' A`tonsos wove o a °petinentYt 4 1 ac , 1 r ar. .oat, which think its what. we have. to do, think we have to f� dt!iee 'ttb fact that we'' arse +wasting $86O,pi�O a year of taxpayer;; �onsy if; we it�at�en ghat we are .today. We ttavp 1n .front of s "` k � ed that 1 1 i mean- that' w0: V111 `cave n :het length.: of dime of a Oct, `°eeai' iifltaA. �e lW 4111 .#fie saving about four srt1111an. t a+4'h� �xi ff (u 5 } p Mr. Odio: Regardless, if it's going to take four years to have a... If you decided today to build or whatever... Commissioner Alonso: Oh, it will take that time to build. Mr. Odio: It would take at least four years to have it ready to move into. So you do have to face that. Commissioner De Yurre: Well, then, we still need to get... Mayor Suarez: Well, let me just say on the record. Let's just not make statements like that. It would not take four years. Mr. Odio: I'm making the statement, Mr. Mayor. Mayor Suarez: Well, I disagree with you. It would not take four years. It would take some amount of time, and I'm sure that we've fast tracked buildings t a lot quicker than four years. I don't want to get into an argument about it. I'm giving you my opinion... Commissioner Alonso: Yes, but... Mayor Suarez: I guarantee you that I could do it in less than four years. A lot less than four years. In fact, less than two years. Mr.... Commissioner Alonso: Yes, but the history of Miami is, it will take us... Mayor Suarez: That's true, that's certainly true. Commissioner Alonso: ...one year at least... Mayor Suarez: Just to make up our minds. Commissioner Alonso: ...to make up our minds... Mayor Suarez: Right. Commissioner Alonso: ...and even after we do that... Mayor Suarez: I agree with that. Commissioner Alonso: ...the RFP process takes some time... Mayor,: ,.Suarez: Yes. < ' Commissioner. Alonso: ...and then the construction will take at least two . years. So we are talking very easily more than three years. Mayor'Suarez. Yes. Commissioner Alonso: :Yes. Mayor-,Uarez:. Al V right. Commissioner De.Yurre, and then we'll take whatever ' :action is deemed proper at.this point, if any. Commissioner+ De, Yurre: Well: basically, I think that we have to come to.a -, decisiom whether. :we go via the; RFP route, or UDP or, ABC, whatever. = 0 t-. we ' need tdto .get off the ball :here and start moving towards that end,. if that's irhe what .we,swant to do, ot.Maiy+ar ,Suarez; � Dr at least -if -you want to make a motion in principle as , to yourobjectives, with instructions to the Manager to bring, back the proper... aye .. CoMrmmissloner De Yurre; To prepare an RFP for our approval, ,. Meyor Right. That may be in order certainly because it should be .�u4rez: n is as e i:iciit ptiQn to: im .pn ghat the' l.ong.term feeling 4f this CommissioAj t i spaee, y By; the'.way�..� , {` sll Unl3i'x o 1s0• = +, out, these are two' sep4rate things: #u'' p'� # x F :i v^ A^ _ s v { IWel -Y lrK Tm l t i4 Kl°` f M+F April o ' l 4 e .H Mayor Suarez: Yes. And then we got to get back to... Commissioner Alonso: We have to make a decision on the lease of a property and then we have to make the decision on these items that is of great importance. Mayor Suarez: Yes, absolutely. Commissioner De Yurre: Now, as far as I'm concerned, if I've heard this right, we need to get some exact figures as to what the cost of moving is going to be as far as everything... Because I haven't seen that. Mayor Suarez: Yes, we had a big discussion here, Herb. Now you look puzzled and troubled, but if you look at the record, there was a big discussion as to whether, when we talk about the cost of moving, which they offered to do at less than 50 cents a square foot, that obviously does not include hookups, connections for computers, phones, et cetera. And we have one statement that said the last time we adapted one space - which presumably was a lot less than what we're doing here - was a hundred and some thousand dollars. We need to pin that down, and I don't know if you want to try to do it today, because the Z-Mart folks are waiting. Commissioner Alonso: Yes, may I make a comment on that too? Mayor Suarez: Yes. Commissioner Alonso: I think that something - and if you want to make that decision today, fine, and if you want to delay it, it's fine with me too - but I'd like you to think of this. Either way, every time that we delay this process, it's going to cost more, the taxpayers. So as soon as we make up our minds, we will be saving taxpayers money first. Second, even if all of the savings of the first year were to go to the moving expenses, still we will have at least three years... Mayor Suarez: Break even as the second year, so we begin profiting as quickly as.the second year. Commissioner Alonso: ...of savings of eight hundred thousand or more, because remember,.most.of the leases we have a five percent escalation clause. These proposals that we have in front of us, they have the same rate... Mayor Suarez: No escalation. `— Commissioner Alonso: No escalation. So, it's also another advantage.: -So if we really figure out the amount, we have to come with a figure much higher that.a savings of a $4.5 million to the City of Miami in the length of the lease. ' i Commissioner De Yurre:- Well, what I would move at this time is that for May, I our first meeting in May... Mayor Suarez: First -meeting in May. Cofmissi.oner De Yurre: ....for the administration.to come.to us with... Mayor Suarez: Final recommendation. Commissloner.De Yurre: ...final recommendations to the costs incurred, so we ., can make an intelligent decision here. And also with an RFP ready to go for, you ;know, for our approval. Mayor Suarez; As to the long term? 44' F Commissioner Alonso: As to the long term build... fir; commissione r.De Yurre: As to the long term construction, °rug #aypr SuArRez: Final, recommendation on short term. It sounds like we're all �A headed.towards one of these two spaces, and kind of more..9 ti i YiiMvR4y9r, Pl ers. No. no, no, -no, - = 4 Mayor Suarez: No? Vice Mayor Plummer: No, I got a different opinion. Mayor Suarez: All right. I'm glad we're going to get that on the record so we know. Vice Mayor Plummer: I know Skippy Shepard. He's not a mean man. Always negotiable. Mayor Suarez: Oh, yes. Oh, yes, that was no implication... Vice Mayor Plummer: And I truthfully believe that if the Manager is instructed to sit down with final recommendations, that he can negotiate even better than what's here presently. I think that each one of us should be responsible to get to the Manager our areas of concern. I have stated before, and I would again, I think any proposal is critical to parking. Now, the DuPont Plaza offers 200 free parking spaces. My calculations come up, the V' need is going to be about 350 parking spaces. I could be wrong on that, OK? I I mean, but I think there's clearly the need for parking is more than 200 at that point. That doesn't address another major problem. And that is, the people who are going to be going to avail themselves of those services need parking. All right? I think that you probably need, and it's surely not called guest parking, but it's called user parking, is going to be needed. I think that problem has got to be addressed. Commissioner Alonso: Yes, may I address that one? I already discussed with them the possibility of making available a one hour free valet parking, visitors parking, 20 - 25 spaces for people who come to the building to... Vice Mayor Plummer: OK, I was not aware of that, and it's not on this particular... I' Commissioner Alonso: Yes, yes. I'm sorry, I forgot to mention this item. Vice Mayor Plummer: OK. There are other things that I think that we need to �:- send to the Manager of our individual concern. $' Commissioner De Yurre: Do we get free use of the swimming pool or not? Vice Mayor Plummer: We get free use of the swimming pool, and those five parking spaces for each one of us that nobody else will park in for mentally handicapped. I think that, you know, I agree with you. I sit here and I look and i't';s.nice'to think -that we have a, champagne pocket, but we realize that = beer .is on the table. When we look at the new building, and I think the proposal that is made by the one group is fantastic, of a new building, pride of, -ownership. But 1-.think what we've go to equate that, yes, in 20 years we would own the building. But in between, we will be paying approximately $48 :.. million ;:dollars 'in that 20 years, as opposedto the.proposal of short term " -lease at= approximately'a million dollars a year. Or over the 20 years, you pay ` $20 " mi 111 on dollars and - in that : short,_ term of 20 years is, in fact, a ' savings of $28 million dollars. Now, then it comes to the... Mayor Suarez: Well, just a wrinkle on that. Of course, you don't have a guarantee that it's going to be 20 years at the same rent, but... Vice -Mayor Plummer: Well, but you see Skippy is not a mean man. His son is, but-he''s:not. You know, -'.so what, no, 'no... Mayor Suarez:' Yes,Jetm proposing that we don't have any space at all after a r° fete '. So,I'm going in a different direction, so. . Commissioner"'Alonso:. He's been saying, he's -been bleeding. eta or P1 unmeri Mr. Mayor, what I' m saying to you i s, that when we send :r it to tie Manager for negotiations, we're in the driver's seat. #; 5 layo ;:uar$s Ysp. { Ce _NRbr Pl r: QK? And if'the administration wants tO put the +optl054a5 J;j ?yt f thiheMaerlasias� tok gr i�' +ly' fii►al B�acia� f�DW 'h avt ry pPemiae, t0 gattnly vote, fcr':either project. } r - n, 58 A0011 21 �yAVx�3 2. 7v ' Mayor Suarez: OK. — _' Vice Mayor Plummer: And all I'm saying to you is, that I didn't think it's beyond the Manager's negotiation that whoever is the recipient picks up all moving cost. _ Mayor Suarez: I think so. Vice Mayor Plummer: OK. So I'm saying, these are... I did not come here, I've got to be honest with you, I did not come here today to vote. I came _ today as the agenda says, to listen to the report. So I'm not prepared to vote today. And I think we need to send it all to the Manager. We need to get it all clarified. Let him go back into negotiations and see if he can't . push a little bit more... a Mayor Suarez: If that's going to be... Vice Mayor Plummer: ...with absolute -realistic numbers. Mayor Suarez: If that's going to be the posture, and I'm not sure it will be, because we're still waiting for a motion if it's going to be in principle, or with instructions to the Manager, then we certainly wouldn't be hearing from the various potential sites. Mr. Bercow, so you may have a seat, sir. You're very eager to make a presentation that may not be needed today. Commissioner Alonso: Yes. Mayor Suarez: I'm sure you've been heard amply by Commissioner Alonso and her - committee, and you're doing reasonably well today so.... Commissioner Alonso: May I just make one last... f. Commissioner Dawkins: I came prepared to vote. We gave this assignment a year.: ago, and said, come back with a recommendation. A recommendation is before us, and me, I came prepared to vote... Mayor Suarez: You're ready to vote. Comnissloner.Dawkins: ..with the recommendations. Mayor:Suarez: OK. ,a Vice-,Mayor,Plummer: Welt, just for the -record, :so I -don't look dumb and.you ,look. --.smart - which is not the case... Mayor Suarez: _It's°been known tohappen around; here. 3 Vice .Mayor,Plummer: ...the proposal from the •Jordan Marsh I guess it':s called, I saw for the first time this morning. That's the first time I saw its So I did not have anything to compare by. Mayor Suarez: He's deferring to the judgment of the Commissioner and to the whole,,process'and..: Mimi 'sioner.Dawkins:That's right. Mayor,; Suarez: -How do°you:want :to state the motion? And, sir, we'11 get your name and that is it We're not hearing from anybody, I happen to know - Ounselor.;,.and h'.happen to know he's representing this group, I presume, Right?`' Although you're one seat away. ,What is your name? AUen4C. de�.Olazarra, Esq.; My name,is Ai1en>de 0lazarra. xx P Mayor Suarez; With what entity? What.0, r iJ fir, �irra; I'm representing the owners of a building that is'not° being # r �tppdedy; thee: ,Commisloner:.. And which I 'would like to propose would be t, t'ocrnnded by the Commissioner. { der .uer. tK� as the motion is made, We'll see if ta there's any, red evn,y s ' i�'�M ► y ht tell ;psi:.. Q-.i*ar, welve not token and input from y ne a k ;r, 4-u1 , ro.Opt sure we, going to take any action. N � n Mr. Olazarra: I've noted that. i Commissioner Alonso: OK, just to remind the Commissioners gust for one second, that we are paying $22.74 at the same building, Dupont Plaza Centers d r today that they are offering to us $10 and $11. So we would be able to pay half. So, what I'm saying is, when we instruct the administration, if that's what we want to do, let's say a maximum of a month so we can have a considerable savings. 9 Commissioner De Yurre: Well, what's a good point is, how many square feet do we have right now at the DuPont Plaza building? Commissioner Alonso: Sixteen thousand. _ Mr. Bailey: Sixteen five. a Commissioner De Yurre: And that would be part of the 95,000. a Commissioner Alonso: Oh, yes, yes. Vice Mayor Plummer: Well, one of the questions I have... Commissioner Alonso: Also the parking will be free, yes. Vice Mayor Plummer: The question that I have is, the lobby part of the square footage. I don't know that. Well, you say no. I haven't seen anything. Is the lobby that they're going to create for the City and how many square feet it is, is that part of the square footage of the lease or not? -I don't know. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Vice Mayor Plummer: Excuse me? Mr. Skip Shepard: It's on the ground floor. Vine Mayor Plummer: So what you're saying is what? Mayor Suarez: The record reflect that we have Mr. Shepard speaking out of r turn, but -responding to the Commissioner. Which, I guess, is.... } Commissioner De Yurre: OK, can we make a motion then that... Mayor Suarez: Yes, please. Let's put this in the form of a motion, because we have... Commissioner De Yurre:. That we instruct the administration to prepare an RFP for the construction of an administration building, and at the same time negotiate and bring back to us a recommendationforrental... Mayor Suarez: Would you mind terribly splitting those two? Otherwise, you're going to get a no vote from me. Commissioner De Yurre: OK, well, let's go with the first one. _ Mayor Suarez: Please. Vice Mayor Plummer; May I ask one question first, please? Mayor Suarez: Yes,': ,k Vice Mayor Plummer: Mr. Manager, presently, let's just use Frexis up at thee. Y r financeWhen is that tease completed? Is it six months from now. or. 8, months from now? Isittwo months from now? fi X »� Mr. �PaIIey, I think it's over. . , 3 Kira; Cdio; 's'QY00. That le is out. It Ex� Y� k niseiner Alonso,a1t a second, it's up, E � = x V100 Hof PI one I s i t month to month? R 4 60 t z ty v Commissioner Alonso: We don't have it, Yes. Month to month. Mayor Suarez: By the way, Commissioner Dawkins or De Yurre asked that question and actually, Commissioner Alonso had already answered that these are almost about to expire, and we'll be able to consolidate very quickly. Vice Mayor Plummer: I mean, are we talking about within 30 days? Commissioner Alonso: No, no, it's month to month. Mayor Suarez: We're already on month to month. They may be month to month already. Mr. Odio: The one problem we're having is we're month to month in the Law Department. This one expired in April. Mayor Suarez: Most of them are almost ready to go. We've had that answer on the record. Let's not redo it, folks, please. Commissioner Alonso: It expired in April, I believe. Vice Mayor Plummer: The other question I have is, approximately how long would it take to get the other facility ready from construction, computers, telephone. In other words, in full operation? Are you talking about three months, six months, a year? I don't know. Mr. Bailey: Can I just say something about our existing leases, and on all... Mayor Suarez: No, no, no, we've had that question answered, Herb. We've got another matter here. Please, he just wants to know if you have an estimate, how many... Mr. Bailey: That's an existing lease. That's what... Mayor Suarez: How many months would it take to get the new one ready? • Mr. Odio: _ Ninety days. Ninety days. Mayor Suarez:_ Thank you. Anything further, Commissioner? Vice MayorPlummer: All right, so in other words - excuse me, Mr. Mayor... Mayor Suarez: Yes. - _ r " Vice'Mayor- Plummer: Are :you saying that, for example, that the present �sz leases -.that we can stay there for another 90 days? Mr.-Odio: But we have to pay.- See, what happens... Commissioner Alonso: Oh, yes. Vice;Mayor Plummer: Oh, I understand we have to pay, but I mean, are we out the door... Mayor Suarez: We're probably not going to be out the door in any event. Is. that$.,fair statement? Nobody's going to want us to be out of there, we,hope? sf� Mr. Odio: r We .hope. Mayor Suarez: All right.' fl �. Nr� Odlo; But.., - Ccsemissioner. Alonso: We were in the same situation whether we make a 'decisi`onu` or, t ♦ -' i :• r Xr� Ayor,.Suarez: Someone may .get very angry and say, guess what? -1 f you'.re w going to}.stmy"In' our premises. we need you out :the door within the,.#. they, 30 day They think. r give us notice,. can. c-a-n. yes. I wr. •!�l t #!f T' . * w ,. + e vi AA _ rF flum s'3 Y n R5, • R �j !� April 25 i .f9x` 'S -z7r Y { t Commissioner be Yurre: OK, well, let's look at it... can we... Commissioner Alonso: But I think that probably we could arrange... r Vice Mayor Plummer: I'd hate to see the computers on Aviation Avenue. Mayor Suarez: I think that they would be happy to have us there while they find another tenant. Commissioner Alonso: Yes. Mayor Suarez: And paying and so on. Commissioner De Yurre: If we need - and we're talking about coming back in 30 days and then another 90 days, that's four months already, and four months in the City of Miami easily becomes five and maybe six months the way things work here. Mayor Suarez: Well, for the actual move over there... Commissioner De Yurre: Move, for the actual move. e� Mr. Odio: I can bring a lease back... Mayor Suarez: ...but not for the determination. As Commissioner Dawkins said, we're going to make this doggone determination awfully quickly here. Commissioner De Yurre: No, that's what I'm saying. But if we're on a month to month situation, and we see that, you know, we have difficulty in staying ` there because it's a month to month, can we give some instruction to the Manager to negotiate maybe a six month -leriod? If it needs. Unless they say, listen you got to move. What if they say you got to move? Mr.'Odio: Let me see if I can... — �` Mayor Suarez Mr. Manager, take whatever as part of the motion on the short term portion of this. Take whatever precautions you need to make sure that none of our employees are in a position of being evicted with 30 days notice. Do whatever it takes logically. Most of them I'm sure will give you a letter saying, we;have'no problem with extending your lease month to month, and we'll give you as much notice as we could possibly want. If not six months, we could:probably get'them`to give us 60 days: = Commissioner - Alonso: How come the City of Miami could be evicted so easily? _ And -.:then someone else cannot get evicted? I don't think we will have that problem: Mayor Suarez: Yes, we can't evict anybody. I have a feeling that we... _ F Commissioner Alonso: If you go to court, it will take easily, for any person easily, =' from• the time 'you apply and.,you go 'infront of the court ',and everything, 60 to 90 days. _ Mayor Suarez: We can't evict the Cuban museum folks. We can't evict the guy from= he"<'Merrill=Stevens site And pretty soon the Z-Mart`guy Is going-,to.be evictedr If we don 't=°take. care of them.. k F Commissioner: Alonso;`e I'm'not concerned about that. I don't think they wi n k k evict us. ' Mayor Suarez: I think you're right. I think you're right. All right, but R y i:#i that caveat,: 14r.. Manager, let's hope we don't read in the paper that d1l ' of:t sudden somebody gave us 30 day notice and that it was no effort; made; to ".2dip gvt to==a�ith ,•tho°„ in .advance to,�at least :have little °bit :conger notice,x A; � thanthat.� _:� r{ r:ioA = I 'heed olariicatisn4,of something, You Awaking me' to negotiate Om lease with them? or -With whom, number One?SO midi s e , that' -a what I' want to 014rifY in the metr o. Want tp rh i Ifly 0 0 ,ma tIon: 00 We haVO 4i motion asksng,lp. yes! 1 VO '.asked; you, i x � Vie, to 011 t the twa at #�A7r - - r 'M rh3 h Commissioner De Yurre: dK, my first motion is... Vice Mayor Plummer: This is a hell of a way to run an airline. Commissioner De Yurre: ...for the administration to come back at the next meeting... Mr. Odio: May 9th. Commissioner De Yurre: ...with an RFP... } Mayor Suarez: For a long term. =_ Commissioner De Yurre: ...for a long term solution... Mr. Odio: Fine. - Commissioner De 'Yurre: ...which is to build on City land a.structure for whatever our needs are. Come up with the specs. Mr. Odio: Fine. Mayor Suarez: All .right. And when you say long term, you've defined it as something that would probably take as much as four years, whatever. All right? So moved. Mr. Odio: No... • ' talking ion term we're Commissioner De Yurre. No, no, I m t l ng g talking about g building. J; Mayor Suarez: Right. Commissioner De Yurre: OK. Mayor Suarez: Right. Mr. Odio: Build it- right. Mayor Suarez: Prepare, build our, you know, the... Commissioner Dawkins: Second. - Mayor Suarez: Moved and seconded. w Vice Mayor. Plummer: Well, OK, I .want to vote with the motion, but I . don'.t like thelimitations that it has to be on City land. - Commissioner De Yurre; That's fine. —� Vice:Mayor:Plummer::; Fine, then I can vote with the motion. x Mayor,Suarez:,'So moved and seconded. `,• Commissioner De Yurre: OK. But then we may not need an RFP if it's not on.; City land,.according to what I just heard a few moments ago. 3 ` Mayor Suarez: I would strongly recommend... well, anyhow... E J Commissioner De Yurre: Right?` t Mayor:- Suarez: `Right. Fj� Commissioner Dawkins: OK, the seconder accepts i+he modification. F �-ssi oner Oa Yurre: -. That Is why. I'm- sayi ng'!O " if we need the .-RW becauso I I;, $ ` #tyl atld;;� JfAtts',not City Und,,we don't need46 RFP, C1tliaSiOtll�r Apnsos- bui± then '�+e iAril l have 1 imitations. -Ile pan sip �t apea. � 4ne or -<not; and plts o=do it-10041ly*,% 1Z, n1i 0. i j 4_ Q t• Mayor Suarez: It will probably have to be. Commissioner De Yurre: OK, Mayor Suarez: All right. proviso, City land or not. So moved and seconded without Vice Mayor Plummer: OK, all right. Mayor Suarez-. Any further discussion on that? If not, please call the roll. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 91-313 A MOTION INSTRUCTING THE CITY ADMINISTRATION TO COME BACK AT THE NEXT CITY COMMISSION MEETING, PRESENTLY SCHEDULED FOR MAY 9TH, 1991, WITH THE NECESSARY SPECIFICATIONS FOR ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) IN CONNECTION WITH CONSTRUCTION OF A PROPOSED CITY STRUCTURE (EITHER ON CITY LAND OR A PRIVATELY OWNED PIECE OF LAND) FOR PURPOSES OF CONSOLIDATING ALL CITY DEPARTMENTS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez ABSENT: None. Mayor Suarez: OK, on the short term, can somebody frame a motion that hopefully reflects all the discussion so that we can vote on it? And you will have an opportunity, sir, since depending on the motion... �J Commissioner Alonso: Yes. Mayor ;Suarez: ...you will have an opportunity at the next Commission meeting maybe... � eu Commissioner Alonso: Well then to instruct the City Manager to analyze the two proposals that we have in front of us, and if we are going. to- give an opportunity.... Mayor Suarez: Make a final recommendation, negotiate, further reductions as — per the discussion here, relocation, et cetera. Commissioner Alonso: If possible. And come back to us. I would,.. coming in a month or the 9th. Mr.Odio: May 9th. Mayor Suarez May_9th. r f�; Commissioner;Alonso: May 9th? 4 Mr. Bailey; 'm sorry, what's. the second... *� � , L =i. Commissioner Alonso: Yes. Do you have any objections, May 9th? Mi} Mr. ftilpy; is it specifically to,come back with.,. to go out and negotiate a r{ - 1easo Agr_e meni with a specific one of these vendors that you've... � . 1 {' ; E. rn ssior�er Alan -so; l�eil, .alctually, Jthink, the intent of the Commissioner, a' t s``j j /� W �/�Lj {gyp /� {� j j. j pc f1�/�/� /� p IS,j urre u��' 1?�i 119 Vn A� that� IYYA at ti1�t possibilities URi6.T; and �I MI.l11��Y) f)uttmer, to see if we can gat better prices and better? conditions s0.we is e ra 3. - lRo iiay Y A d r C " G4 A prii 1R !� r -+=c 4; - :, k' s i a r - -�C Y r, s f+ as t t"�a�'�•gJr� f 3 t P... � • 'N'i H 4"t t 3'fJi.4x 'W,"Y'K�'t �a'S a(�i'WiF1' �{ +�sei4tek�'�. sr°� Mayor Suarez: And as Vice Mayor Plummer said, maybe we can get even a lot better than what's been discussed here. Mr. Bailey: I understand what you're saying, Mr. Mayor. But you're aski,hg the administration to make the final decision on the.64 Mayor Suarez: final recommendation. Mr. Bailey: ...on the lessor, and I thought this Commission was going to give us the one to negotiate with. That creates a little problem for us. Vice Mayor Plummer: Herb, I'm also looking for an additional factor, OK? Mr. Bailey: We can do that... Vice Mayor Plummer: OK. Mr. Bailey: ...if you give us one to negotiate with, and we begin to address those additional factors with one. Mayor Suarez: We have discussed one here. The terms are favorable. Commissioner Alonso: One? Vice Mayor Plummer: No, because I. think the concerns of this Commission would apply to anyone you negotiate with. Mayor Suarez: Yes. Absolutely. Vice Mayor Plummer: OK? 11 n Commissioner Alonso: Mr. Mayor, I suggest that hear them for a few minutes. Mayor Suarez: Yes, I am going to do that. But Commissioner Alonso, who has been handling this already answered the question that Vice Mayor Plummer asked, which is that we have had a proposal made by the gentleman. Sir, what is your company's name? Where's your location? Mr. de Olazarra: My name is Allen de Olazarra, I'm a resident of the City of Miami and my company is Cush... Mayor Suarez: I didn't ask if you were a resident of the City of Miami. What is the... Mr. de Olazarra: Cushman & Wakefield, and I represent Downtown Center Associates. The City Manager, the Assistant City Manager, you... Mayor Suarez: What is the location of the property that you were proposing? Mr. de Olazarra: 200 South Miami Avenue. Mayor Suarez: Thank you. Mr. de Olazarra: You should have received a copy of the proposal that was sent to Commissioner Alonso. Mayor Suarez: OK, she already said that she had it. Vice Mayor Plummer: That's the old Herald Building? Mr. de Olazarra: Yes, sir, it is. Vice Mayor Plummer: Ohhh, ohhhhl Mayor Suarez: OK. Mr. de Olazarra: And I would appreciate... Mayor>.Suarez: I don't think that it would be wise to exclude that in this motion, because then we're going to have to hear from him today, and it will be relevant,,and we:won't get to the other matter. Plus, I don't see what's purpose it -serves to exclude. them. You've heard the parameters and what,we = want r to consider. I can't imagine, that his proposal is any better, otherwise she -have presented it to us. Commissioner-Alonso: Yes. F Mayor Suarez: So,.I mean... Mr. Bailey: That's what we're saying.,,,We've already gone throughthe el<imination process. You now have a final two... Mayor Suarez; Well., I just don't legally want to preclude -them, -,Herb, .For procedural reasons. Mr. Bailey; All right. Mayor: Suarez: Would you please accept the motion. You can meet-wlth,th,em for ten.minutes, and if you can summarily dismiss theirs as not,beingi competit,ve y. with -this .th;Ltls fine. Mr. de 01azarra: That's acceptable to us. Mr,.Bailey: Well, we'll have to meet with everybody in the City now. Mayor Suarez. Thank you. I'm glad you put that on the record,, If you'd -have had your attorney here, you would not have put that in the.record. A11 right. �r Mrs; Bailey:. That means we'll meet with everybody then, } ff T� Nay;.r-r-Suerez: You've only `got three that we know about. You've 'got two,:}_ r-ecomended by Commissioner Alonso. We're saying, do not preclude hism lie has already put in the record that he wi11 not have a problem with betho . a 67 Apri 1, lB91 Ka w r summarily heard by you. presumably, as Commissioner Alonso has recommended, his bid is not nearly as good as the other two... 2 Commissioner Alonso: Exactly. u Mayor Suarez: ...and you will have one recommendation for us at the next Commission meeting. Commissioner De Yurre: Mr. Mayor, I have no problem... Mayon Suarez: Understanding also that there's no new offers going to be contemplated. Which is a very important restriction, and I think legally valid. Is it? Mr. Bailey: All right. Vice Mayor Plummer: Well, I would say, Mr. Mayor, unless... Mayor Suarez: No, no, no new groups. No new groups. Vice Mayor Plummer: ...unless an offer were to be made better than what we already have in front of us, they're excluded. If there is an offer made that is better, I want to hear it. Mayor Suarez: But the parameters are very difficult. And what Herb was trying to say is that he didn't have to sit down with others. I think we can't do that in a motion, it's impossible today. So, but you've got an idea i that there's one here before us that we like those parameters, and they're going to have to be better than that before you recommend it to us. i Vice Mayor Plummer: No question. i Mayor Suarez: All right. Mr. Bailey: There's a problem here, because this offer now that we have on the table is a matter of public record, and you have some other person now who can come in and look what has been offered, and adjust their recommendation to beat that automatically and it's an... Mayor Suarez: I was asking the City Attorney about that now. Madam City Attorney, what about that point? We have an offer whose terms have been discussed amply. What if someone were to say, I have a better deal? Can we preclude further negotiations with anyone else that is not before us today? vice Mayor Plummer: That's what I said. Mayor Suarez: Right. Ms. Maer I believe that pursuant to the principle behind these types of competitive negotiations, that the Commission can establish its parameters for how to govern this particular proceeding. And I believe you've already gone through 'a. procedure where, after public hearing notice, you held public ° hearings... Mayor Suarez: Extensive. Ms. Maer: ...you accepted proposals, you established your criteria including, among other things.- location, parking, the best business. deal for the City. Those important other criteria that you included in your list. And haying established a framework where you are trying to get the most advantageous proposal possible for the City, the Commission can now either determine to stop the flow of additional offers or to allow them as the Commission would wish Mayor Suarez: QK, and that's built in to the... since you've said,it!s legal, its built into the motion, i believe, that we shall take no new offerors', but " that does°not.preclude better terms from the existing offerors, including you, and by the*** ` Commissioner Oe Yurre: Mrs Mayor, are the existing offerors,.. :r ; t 66 291 5 0 t u s 4' Mayor Suarez: And by the ways competitive bidding procedure. existing offerors. All right that 1s, I think, proper under our negotiated To continue to get the better terse fry Commissioner De Yurre: Well, then are we through the process of Commissioner Alonso, there eight that...? Commissioner Alonso: Leases... Commissioner De Yurre: OK, those are in better offer.. Mayor Suarez: Well, if we're not excluding them. Commissioner Alonso: Some of them were really dismissed because the space was very small and not convenient for our needs. Mayor Suarez: Yes, some of them are clearly not within the parameters and we wouldn't contemplate even having to meet with them, but.... Commissioner Alonso: It was not because of competitive in the price, but space available. Mayor Suarez: If you're going to rule somebody out based on your inability to meet with them for a few minutes, please don't rule them out. I'd hike to protect the Commission's ability to make a final determination on May 9th. Vice Mayor Plummer: Well, Mr. Mayor, you can rest assured, if the final negotiated recommendation comes before this Commission, and somebody stands up th 1 f t of that micro hone and sa s hey I made a better offer we're l ere n son p y , going to'listen. I think we're going to listen. Mayor Suarez: Yes, if they can try to prove that they had made a better offer, and it was not contemplated, yes, absolutely. Vice Mayor Plummer: I'm going to listen. Mayor Suarez: But presumably no one has made a better offer at this point as we analyze it... Commissioner Alonso: We all will. We tried to squeeze the penny. Mayor `Suarez: -Right. - OK? Commissioner De Yurre: OK. Ready to go? Mayor Suarez: So moved. Commissioner Alonso: So, I move.... Mayor Suarez: And.seconded. Commissioner Alonso; Yes. Mayor --Suarez: Within, all those parameters, counselor? Jeffrey 1ercow,,Esq.: Mr. Mayor, can I make a clarification. } Mr. Bailey: We want clarification. MayorSuarez: I'm afraid of clarifications, but.., Mr. Bercow: For the record, Jeffrey Bercow, of 200 South Biscayne Boulevard, ;} representing DuPont Plaza Center. I assume what staff will be coming ,back to ku r= you with on May 9th is simply the terms of a lease proposal and not the lease 3 itself ;,,,:Because it's impossible to negotiate this complex a lease..: • I would not be saying that at this )pint ror .Suarez.: If � I were your Counselor* Who knows but maybe your particular client eannot be. the * a t eendpo one � wi th a l ease for us to approve? Maybe wis , won'.t be at irhe }£y paint,:of- 'approving a final lease, maybe we will. Why would you try to augpast µ ; 69 Api' i l ti 5i 1 3n { that it won't be ready? You will work your head off, I am sure, during that period of time to come up with the final terms so we could take final action. I have a feeling it probably won't be a final lease, but who knows? Why not let it be? Commissioner Alonso: Well, what we have to say is it doesn't have to be the final lease which could be negotiated extensively. Mayor Suarez: Sure. We can always take additional time to "cross the is and dot the i's" in the final lease instrument. Vice Mayor Plummer: All right, for this person to vote on the gth, I want to tell you something. Mr. Bailey and Mr. Manager, I want to know, and I am going to hold your feet to the fire, of the total cost to put us 1n that building in full operation. I'm talking about everything. I'm talking about moving of furniture, I'm talking about the moving of the computers... Mayor Suarez: Installation, equipment, hookups... Vice Mayor Plummer: Telephones, pictures on the wall. Whatever it is. I don't want to come back and say... Mayor Suarez: Soap in the bathrooms. Vice Mayor Plummer: ...we need another $100,000 to do this, this, and this. OK? So I'm telling you, I want to know, and I'm going to hold you to it, exactly what it's going to cost wherever we move, if we move. Commissioner Dawkins: And while you're doing that, also bring back the total cost to the citizens of Miami of remaining where we are. Commissioner Alonso: That's right. Amen. Mayor Suarez: All right. So moved and seconded. Any further discussion? — Commissioner De Yurre: Mr. Mayor, should we... Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: Should we instruct the administration to negotiate, for example, a three, and a four, and a five year deal? Because we don't know... Vice Mayor Plummer: They can negotiate anything they want. Mayor -Suarez: Yes, I was thinking three to five myself. — Commissioner Alonso: I would say - and let me advise my fellow Commissioners - that if we go below four years, we might end up paying higher rates. And, in fact, we will not be able to move prior to three years. So it will be an exercise in futility and taxpayers' money. Mayor Suarez: I think the idea... yes. Commissioner Alonso: So I advised that we should go into a-lease'of a minimum of four years in order to be on the safe side. Mayor Suarez: I'd say three... Commissioner Alonso: And save the four million that is so needed. Mayor Suarez: .,:three to five years, with definitely a minimum of three with us having the option, folks, in case something better comes up. F — Commissioner De Yurre: Three to five. Three, four, and five, Mayor -Suarez. Right, OK. Commissioner De Yurre: OK. Mayor Suarez: So moved and seconded. Any further discussion? If not, please ; call the roll. 9 a 74 Agrii,gl j j f _ ON, tea`if a: Mr. Bailey: Could I have a clarification, please? Mayor Suarez: No, no clarifications. You get the clarifications later. Mr. Bailey: I don't know what the... Commissioner Alonso: please, yes, Mr. Mayor, because they will make all kinds of mistakes. Mayor Suarez: All right, Commissioner Alonso is willing to try one more clarification. Mr. Bailey: I just need to know... I just want to make sure that we are talking about looking at those three for which you recommended that we take a look at, and not the other eight who have already submitted... ;j Vice Mayor Plummer: No, that's not my point. Mayor Suarez: We've gone through that. It's in the record that you're... Vice Mayor Plummer: If this third deal which I have not seen or had the benefit of reading is not as good or better than the two that we have before us, you don't talk with them. Mr. Bailey: No, I said three, Commissioner, not two. But I was trying to determine whether... Mayor Suarez: There were eight lease proposals. Commissioner Alonso already stated that most of them are disqualified because they don't even meet the essential parameters. Vice Mayor Plummer: They're not as good a deal, I don't want it. Commissioner Alonso:Exactly. They offer 40,000 square feet, things like that'. Very small facilities. Mayor Suarez:' We know of two that did, and that were recommended. We know of one other one that wants to have at least a ten minute meeting to see if they.'re within the parameters. That's. enough information, please.- Let's vote on the item. Commissioner De Yurre: Call the roll. - The.fol.lowing motion was introduced by Commissioner. Alonso, who. moved its°adoption: MOTION NO911-314 A MOTION:INSTRUCTING THE CITY MANAGER TO FURTHER ANALYZE THE TWO PROPOSALS FROM OFFERORS RECOMMENDED BY COMMISSIONER ALONSO IN ,CONNECTION WITH PROPOSED CONSOLIDATION, OF OFFICE SPACE FOR CITY DEPARTMENTS; FURTHER STATING NOTHING SHALL PRECLUDE THE MANAGER FROM, TRYING= TO NEGOTIATE EVEN BETTER =TERMS FROM PROSPECTIVE LESSORS IN THE NEGOTIATING OF A 3-5 YEAR LEASE; FURTHER STATING THAT NOTHING SHALL PRECLUDE ANY CITY=-,COMMISSIONER<,FROM ALSO; TRYING TO: .NEGOTIATE A r� _ BETTER DEAL FOR THE CITY; AND FURTHER INSTRUCTING THE MANAGER NOT TO PRECLUDE ANY OF THE EXISTING OFFERORS FROM FURTHER ATTEMPTING TO IMPROVE UPON THEIR PRIOR .. PROPOSALS,' AND To COME BACK BEFORE THE COMMISSION AT THE -MEETING OF. MAY 1, 1991, WITH ONE: FINAL f ,RECOMMENDATION. r s5 y UpQnbeing seconded by Comm issianer De Yurre, the motion was passdd and by 1 t r r I.d Otto the of lowing vote; E l n 71 25 t te. ';��,: h n� AYES: Commissioner Victor ne Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT None. .r:r----------- r. �l`rya r��.. as.'r r.�---------a------------i.r----r.rw+----------- 10. INSTRUCT ADMINISTRATION TO MEET WITH REPRESENTATIVES OF THE Z-MART DISCOUNT DEPARTMENT STORE, INC. PROJECT CONCERNING ITS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING REQUEST - MANAGER TO REPORT BACK TO COMMISSION ON FEASIBILITY OF LOAN THROUGH CDBG MINI-UDAG LOAN POOL FUND. ----------------------------------------------------------------------------- Mayor Suarez: Quick status report on Z-Mart before everybody goes off to lunch. I don't know that we can take any action today, but maybe give an indication of what we might be willing to do on May 9th, counselor or Mr. Howze. I know you're short some amount of money. Presumably, all of the Commissioners have been aware of that, have been made aware of it. If not, you ought to meet them all. And I think you want to change one of the previously approved loans to a grant. Mr. Charles Howze: Right, right. Vice Mayor Plummer: Huh? Mr. Howze: My name is Charles Howze, I'm the president of the Z-Mart operation, 1100 N.W. 54th Street. We have our other colleagues here, John Kilbey, Tom Witherspoon, Jose Ortiz, Mike Ferguson, and our attorney Rod Petrie. -'Basically what we wanted to do was give you an update on where we are since the Ci.ty's:been supportive of this project. Mayor Suarez: Let me do something here. Counselor and Mr. Goldfarb, you obviously have a lot more interest, the Miami Herald, in the administration building than you do on this very important project, but I suggest that you meet'. -outside : and discuss with him whatever it is you want to meet. This is , important to us. Sir. Mr. Howze: '`OK, what I was saying is, I want to give you an update on exactly where we:are on this project since East June. I think we met last June with the Mayor; and with Commissioner Dawkins to solicit your support in this project; and it's been ongoing since then. At this point, we_ have total commitments of financing of 1,358.000 of a total required financing of 41,733 000, That leaves us a shortfall of approximately $375,000. Mayor Suarez: But some of that is still being negotiated for conventional financing by banks, right? Mr. Howze;.°Right, right. We are currently under negotiation with three banks to get additional funds. Mayor Suarez: Remember,:we're not doing this project. We're committed to half.a'miI I ion dollars. So.what would you want the;City at this' point to do, Ct�arl es? M.. ; rHowzea Basically, ;what we would like to; have done; first off th � 2S�600 that were under consideration for an increase to the origins p $20OtODO that were committed by the City. We were under that impression that that was. going to be a,one twenty --five grant. That's the first thing that we w.11I Iike to get clarified Yi li yor 30arex; How did we vote on it? Did we vote it as a loan? M. Frank Castaeda. There is; no vote on the issue. We have never issued a g!':ant 0 this mmgnitude to a for profit entity# I think they be... H r. ;w 72 AIRri I 5, � fl y. 4xp h 6 Mayor Suarez: Are we technically precluded from making it a grant? Mr. Castaneda: Well, you have to make the necessary, and appropriate determination, and it would be very difficult = I would say impossible - to do a grant in this kind of money, you know, from federal funds. Mayor Suarez! Necessary and appropriate determination... Mr. Castaneda! What's correct. Mayor Suarez: ...can be made. Well, if it was ever a necessary and appropriate circumstances, it sounds to me like the one. Vice Mayor Plummer: Yes, but we're talking now about a profit -making organization. Mayor Suarez: OK. Does that preclude it, the fact that it's profit making? Mr. Castaneda: I would argue so, Mayor, Commissioners. I sincerely would argue that... Mayor Suarez: And it's not in our discretion to find the necessary and proper, even if it's a for -profit operation, and a high risk area? Mr. Castaneda: I would argue, Commissioners, that you should make a loan at a low interest rate. Mayor Suarez: What's the difference between a grant and a very, very low interest rate loan? I mean, you could get it down to what? Mr. Castaneda: I can get it down to three percent and if the Commission, you know... Mayor Suarez: I could have sworn we've done some at... Mr. Castaneda: Well, we made it at two, but, you know, we're getting into, you know, very difficult areas, Commissioner. We could do a deferral, you know... Mayor Suarez: Of principal? Mr Castaneda: ...of principal and interest for first year. Mayor Suarez: How long a deferral of principal? Mr'Castaneda: I'm sorry, Commissioner. Mayor -Suarez:. How tong a deferral of .principal? Five years? He smiles. Mr. Castaneda: Depending on the cash flow of the project. I have not seen... Mayor Suarez:' How long, theoretically, a deferral of principal? Mr. Castaneda: Theoretically, we could do something depending on cash flow, perhaps, three to :five years.- But what I'm saying is... Mayor Suarez, You've got some parameters there to. work with that awfully cl:ese to 9us,�'.gi:ving.you the money. I mean, when you're talking. :two percent-. and .,deferral' ,of principal for five years, it's almost like giving you the money. I mean, you're... Vice Mayor Plummer: How much do you have a commitment from a bank or Y financing...? wg t { ri 1 2k 8 ,t, 1 .r ,.,• `� " t tt f Vice Mayor Plummer: I'm sorry, I was not present at the time, sir. Commissioner Dawkins: Well, you were physically, but not mentally. No — problem. Commissioner Alonso: That's a low blow. Mr4 Howze: There is a... Vice Mayor Plummer: Coming from him, it doesn't bother me. 4 Mayor Suarez: I said, how low can you go, and I didn't know it could have been that low. Mr. Howze: The City is part of the subordinate lenders that's been negotiating a collateral position on all... - Mayor Suarez: And all of us have what? We have, whatever your leasehold rights are? - equipment, inventory...? Mr. Howze: Fixtures, inventory, and leasehold improvements, and personal property of all of the participants in this project. Vice Mayor Plummer: So we will have collateral? Mr. Howze: There is collateral. Yes, sir. Vice Mayor Plummer: Collateral of at least, two hundred thousand? Mr. Howze: Well, I am not sure what position the City's funds would take on the collateral position, that's... Mayor Suarez: We'll be last. Mr. Howze: That's part of the lease... Mayor;Suarez: We're always last. It's the whole purpose of CDBG funds. Mr.,Castaneda: Commissioner, there will be very little collateral in .here:- i you-know,.let's be fair. Mayor Suarez: i mean, if you want to actually analyze what guarantee we have, ._ if the business doesn't make it, we probably won't get... you know. ' Mayor Suarez: Tell me when you say, low, how low? Mr..Castaneda:t i-wor.ic)say that we would have no collateral. Because .we will be in the last position of a deal which is renovation, fixtures, and things like that, and I would... and seven hundred and fifty thousand dollars will be nventory. Mayor _Suarez: It's not that we won't will have collateral, it's just that '' since we are in the last position, we may or may not be able to recoup it. 4 Commissioner Alonso: We have very little hope. Mayaor-'Suarez: But initially, it will be... they will be in a positive financial statement position, including our obligations, so we will be there, f 'I mean, ,you know ,° they, wilt have more assets than Liabilities. And :if they run it well, they will have a lot more assets than liabilities. ter. Howze i .might also add that the cash flow of., the business, is such that, ' ? .tnd i' know; that you haven't been privy ` to the financial projections .that we � the : cash , flow. is such that, with this type of t defer. red 1 cans, we wild be in,b positive cash flow position right from the beginning. w' ` z ►gar,., $ a►r+ z; .9. That concerns me, Why is the beginning August Ist, and soon ast you ire ab1 a tp get t goi ngY , You've r got people :there, you!►e z3 ti r ;'kere,' yg 've got the tease, Are you precluded legally from operating ,g1►t I A1eil, you never shoot for August lst,' if you are going to try tl,fs+hool. Shoot for duly Iat. i mean, you know that botter thall _j R �" {�4i 3p1 lost{; ry ire " .a +,.. I' i, I Mr. Howze: Well the reason for that, is that we expected to be closed on our financial commitments back in April. Mayor Suarez: I know. There has been a lot of delays. But why won't you j shoot for July 1st if you can? i Mr. Howze: Well, the time is this. We have to make financial commitments with respect to work that we have to get done, and computer systems that we have to put in, and 1t just takes two or three months to get those things done. Mayor Suarez: Don't overdo it on the computers. We have been known to do that ourselves here in the City. OK. I will shoot for July 1st. That gives you a Tittle bit of time. I mean, you are only... it's only a statement anyhow. Do you want to just let the Manager work out the recommendation? We are not going to act on it finally today anyhow. Mayor Suarez: Come back on May 9th. Mayor Suarez: Right. Vice Mayor Plummer: Yes. I'd also like to see the background of the investors, and what business knowledge they have in this kind of particular business, in a history of at least ten years of each investor. Mr. Howze: I can give you that in a quick... Mayor Suarez: Right. Just give it to the Commissioner - to Vice Mayor. Mr. Howze: OK. Commissioner Alonso: They have knowledge. Mayor Suarez: And make sure you schedule a meeting to go amply into it with him. He will give you at least, three hours in between burials. Mr. Howze: OK. Vice Mayor Plummer: Well, just for the record. You've got a lot of convincing to � do. All right? Because I don't think this City should be in the business - of helping profit making. The ones that we have gone' i n 'the past; even.though they have gone sour, were nonprofit, and you know, 1 just..: Mayor`Suarez: We have tent money from Miami Capital, and CDBG monies to many for,profits.Commissioner, including that... Vice Mayor Plummer: That's a different 'story, but they were always a loan. OK?. Mayor Suarez: Well, this is still being structured as a loan. 1 .'. Vice``Mayor` PI um er: OK. Mayor'i-Suarez:. All right. Vice Mayor Plummer: No. What I heard was, he is asking, the loan be changed to a ,grant. Commissioner Alonso: Wei , now we are talking about... Mayor Suarez: Oh, we were not going that far. We were just saying,'we were deferring principal and reducing the interest rate very, very low.` Commissioner Dawkins: OK. I need to know one thing. Mr. Bailey. ��` Fr 4 fir. Raileyr Yes. - ? 0i is.sioner 04wkins: Would your recommendation be any different on the 9th C r/� s I( --,�y'yr 't4, 4h'r O3e€ 'R! y'• n rF Ords o rA#nt} S f y,y } r �` � Jk y S {M �M 76 A MOTION NO, 91-315 A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH REPRESENTATIVES OF 2-MART DISCOUNT DEPARTMENT STORE, INC. IN CONNECTION WITH THEIR FUNDING REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ($200,000 PREVIOUSLY APPROVED FORM 12TH AND 15TH YEAR CDBG FUNDS, PLUS AN ADDITIONAL REQUEST OF $125,000); FURTHER INSTRUCTING THE MANAGER TO REVIEW THIS REQUEST AND TO RECOMMEND TO THE COMMISSION THE EXTENT TO WHICH THE CITY CAN GO WITHIN THE PARAMETERS OF THE CDBG GUIDELINES IN GRANTING SAID REQUEST FOR A LOW INTEREST LOAN THROUGH THE CITY'S CDBG MINI UDAG LOAN POOL FUND. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Suarez: Reserving my right to make a decision on the 9th, I vote yes. 11 GRANT REQUEST BY KIWANIS OF LITTLE HAVANA FOR USE FEE WAIVER AT §: SHENANDOAH PARK IN CONNECTION WITH A SUMMER BASEBALL CAMP - AUTHORIZE z TRANSPORTATION OF INNER CITY CHILDREN. ----------------------------------- j; .--------------------------------------- Commissioner De Yurre: Yes, Mr. Mayor, I have here, Frank Alvarez, and i' members .of the Kiwanis of Little Havana that are going to be announcing a baseball camp at Shenandoah Park for kids, totally free. Frank. Mr. Frank Alvarez: Yes, I'll be very brief. I know everybody wants to go to }( lunch. i Vine Mayor Plummer: Wait a minute, three thirty is the next item. Commissioner Alonso: Three thirty, yes. i Mr. Alvarez:. This is ar program that we have initiated to try to reach t' children in a nner city that have no financial means to play baseball in the -summer. As you probably know, the City of Miami does not have an official baseball program anymore. And through the private sector, and the Kiwanis of Little Havana .Foundation, and the City of Miami, we have been able to put a program together.to reach kids from different areas of the City. And in the brochure that; you have in front of you, as you can see, we wiI I be drawing i kids from Athalie Range Park, Jose Marti Park, Shenandoah Park, Roberto Clemente Park, Grand Avenue Park, and Gibson Park. Commissioner Alonso: May I interrupt you? v` 4 Mr. Alvarez* Yes. v : ze.y t Commissioner Alonso: What do you need? Mr. Alvarez; No, nothing. This is just... Commissioner De Yurre: Just an announcement. r 3 r; 78 April 25'* 19 1 �t 4 77, f Mr. Alvarez: ... basically, announce it to the Commission. Commissioner Alonso: Just to announce? Great. We are delighted. Commissioner Dawkins: How are you going to transport the youngsters from Athalie Park, Clemente Park, and Gibson Park... Commissioner Alonso: Wonderful. Commissioner Dawkins: ... to Shenandoah Park? Q Mr. Alvarez: I'll defer to Mr. Ruder. Mr. Albert Ruder: Yes. We'll transport them, the Parks Department, through 9 O5 AIL AYES: Commissioner Victor De Yurre _ Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None, ABSENT: None. COMMENTS MADE AFTER ROLL CALLt Commissioner De Yurre: Thank you very much, guys. Mr. Alvarez Thank you very much. - .. - _------- ----------- --- ------------------------ --- - 12. DISCUSS POSSIBLE ASSISTANCE TO SISTER CITY SAN JOSE, COSTA RICA, FOLLOWING RECENT EARTHQUAKE (Temporarily tabled - see label 24). ------------- -------------------------------------------"--------------- - Vice Mayor Plummer: Mr. Mayor. , FS 1 W Vice Mayor Plummer: in the Haiti situation, we would be more than happy to do. Commissioner Dawkins: OK. Well, any equipment that's left over from what I want to send to Haiti, I am willing to send it to San Jose. Vice Mayor Plummer: I have no problem. Mayor Suarez: All right, would the Manager prepare those for us and hopefully, we can make recommendations, or actually allocations, this afternoon. Commissioner Alonsoi, This afternoon. Mayor Suarez: Thank you, We are adjourned until three thirty. Commissioner Alonso: Vice Mayor Plummer: Three thirty? Great. OK. So be it. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:24 P.M. AND RECONVENED AT 3:37 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT Vice Mayor Plummer: in the Haiti situation, we would be more than happy to do. Commissioner Dawkins: OK. Well, any equipment that's left over from what I want to send to Haiti, I am willing to send it to San Jose. Vice Mayor Plummer: I have no problem. Mayor Suarez: All right, would the Manager prepare those for us and hopefully, we can make recommendations, or actually allocations, this afternoon. Commissioner Alonsoi, This afternoon. Mayor Suarez: Thank you, We are adjourned until three thirty. Commissioner Alonso: Vice Mayor Plummer: Three thirty? Great. OK. So be it. THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON RECESS AT 12:24 P.M. AND RECONVENED AT 3:37 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT - t ? NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA. ---------------------------------•----_------------------------ ----- 14. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP CHANGE LAND USE DESIGNATION AT 3301 S.W. 22 TERRACE (LESS S 11) FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: McDonald's Corp.). Mayor Suarez: OK. On PZ-1, now that we have discussed all the different potential... Vice Mayor Plummer: This is second reading. Is there any objectors? Mr. Guillermo Olmedillo: PZ-1. = Vice Mayor Plummer: I move 1t. -- Mayor Suarez: OK. Does anyone wish to be heard on item PZ-1? Let the record reflect, no one stepped forward. Moved. Seconded. Mr. Olmedi l l o: Just to. clarify on the record. There is a clarification on the legal... Unidentified Speaker: I have something to say on that.' Mayor Suarez:= OK.` L wasn't aware Iof that. I'm sorry. Vice -Mayor Plummer:. Sorry, Mayor Suarez: We thought no one was here. Yes. S Mr: 01medillo: Wou1d:ryou: 'me to.go ahead and... Unidentified -Speaker: Excuse.me, I'have 'the wrong number. Mayor Suarez: Yes, and you're also not speaking into the mike.. Vice"Mayor Plummer: Well let me ask again. Is there anyone wishing to speak for or against-the1ssue? I'll withdraw my motion. You're speaking for? Sit hack down. - Commissioner"Alonso: You're doing very well. a' May Suarez;, ..:OK: :: We are doing,` pretty well on four right now, Mariano. Guillermo, anything we have to put into the record? nO r second reading for comprehensive plan Mendmant, s dun �and,.theuzoningtamendment,the OK IP x k t�r�lmed-And it was played by pCA from the State. � is -' o r I?awki:ias What's your recommendation? } ahy yam+ `f ' ii i p r 02 e y- �fh;�"iy - -777 Commissioner Alonso: Approval? Mr, Olmedillo: Approval, sir. Mayor Suarez: Read the ordinance. Vice Mayor Plummer: Based on the fact that no one for or against, came to testify in public for this itemo I move it as I did before. Mayor Suarez: Thank you. And it was seconded... Commissioner Alonso: And I second. Mayor Suarez: ... by Commissioner Alonso. I was going to say Vice Mayor. Read the ordinance. Call the roll. Vice Mayor Plummer: This is on one, by itself. Two, is a different... Commissioner Alonso: Companion. Vice Mayor Plummer: But also related, right? Commissioner Alonso: No, companion item. Commissioner Alonso: Approval? Mr, Olmedillo: Approval, sir. Mayor Suarez: Read the ordinance. Vice Mayor Plummer: Based on the fact that no one for or against, came to testify in public for this itemo I move it as I did before. Mayor Suarez: Thank you. And it was seconded... Commissioner Alonso: And I second. Mayor Suarez: ... by Commissioner Alonso. I was going to say Vice Mayor. Read the ordinance. Call the roll. Vice Mayor Plummer: This is on one, by itself. Two, is a different... Commissioner Alonso: Companion. Vice Mayor Plummer: But also related, right? Commissioner Alonso: No, companion item. a t trf .h� i 'rt � r.arar.---------r.u..y"weir ."tri..wu". i—- -- -rarer.---------..-----r.— r---rr-i.+u- 1S. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE. DESIGNATION AT 3301 S6W. 22 TERRACE (LESS S 11) FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Applicant: McDonald's Corp.). s.iaW:iG----.Y.-------------.i. i.-------- .------rrrr--------- .+.v.....----bra: f.Wir+--------rYllrir Mayor Suarez: Item P2-2, companion item. I'll entertain a motion on it. Commissioner Alonso: Moved. Mayor Suarez: Moved. Vice Mayor Plummer: Second. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10872. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD, Commissioner De Yurre entered the meeting at 3:44 p.m.1_ __ - - - - - - - - - - ------------____--____----- _----- 16. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE AMENDING 11000 ATLAS, CHANGING DESIGNATION AT 1000 N.W. 1 AVENUE FROM R- 4 MULTIFAMILY RESIDENTIAL TO SD-16 SOUTHEAST OVERTOWN PARK WEST COMMERCIAL -RESTRICTED DISTRICT (Applicant: Darrel Zbar) (Continued to May 23rd). ------------------------------------------------------------------------------ Mayor Suarez: PZ-3. Mr. Olmedillo: PZ-3 is a zoning atlas amendment for property located at 1000 NW 1st Avenue, and this is a first reading. Planning Department recommends approval. Zoning Board recommends approval. This is a piece of property which is right next to the SD-16 Southeast Overtown Park West district, and this is the type of zoning classification that the... _ Vice Mayor Plummer: This is a private owner - correct? Mr. Olmedillo: That is correct, sir. Vice Mayor Plummer: All right. Is that owner present? Is that owner present? I would ask Mr. Mayor, that this matter be deferred, since there is }' no one here to answer the questions that I have proffer. Commissioner Dawkins: OK. And also, I'd like Mr. Mayor, for... when it does"., come back, for somebody to tell me what this means. At its meeting of 18th', the Zoning Board adopted resolution by a vote of eight to nothing and this.is the.part that puzzles me "approving the above upon the recommendation from the City Commission. What does that mean? Mr. Olmedillo: What it means is that, the Zoning Board recommends to you, and x`. once it's approved by you, or this board, then it is accepted by the City. h It's not an action by the Zoning Board to be accepted. Commissioner Dawkins: OK. Maybe, that's the... Commissioner Alonso: It's a zoning atlas change. ' { Commissioner Dawkins: Maybe that's the intention, but that's not what is written. Mr. Rodriguez, Yes, the language is not clear. You're right. Commissioner Dawkins: Beg pardon? Mr. Rodriguez: The language is not clear. You're right. Commissioner Dawkins: OK. Because what this says, is that the City C+pMmission. if the City Commission recommends it, then we the Zoning goar�d, r would recommend 1t. Well the Zoning Board has to recommend 1t before i "can M ; , recommend it S f1r' f Mr. Rodi.guev Right. The language is not clear. You're correct. ' O issl90fell Dawkins, 'OKr Thank you. z � v, y ` , ? %Pri l 25 ti Are we then withdrawing the prior motion, and entertaining Mayor .�`llare�`3 OK,r l i .. a Motion to defor? Commissioner Dawkins# No. Mayor Suarez: No? Vice Mayor Plummer: No. I am asking that it be deferred, Mr. mayor. Mr. Olmedillo: Continued to May 23rd? Vice Mayor Plummer: That's fine. Mayor Suarez: OK. Was there a prior motion on the floor? Commissioner Dawkins: No, Mr. Mayor. Commissioner Alonso: No. Mayor Suarez: OK. So moved to continue until... Mr. Olmedillo: May 23rd. - Vice Mayor Plummer: Let the reflect that I want an owner here to answer some f questions: j Mayor Suarez: Right.- Somebody ought to notify the owner. We have a motion, seconded by Commissioner Alonso. Any discussion? If not, please call the roll. ON A MOTION- DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY COMMISSIONER ALONSO THE ABOVE ITEM WAS CONTINUED TO THE COMMISSION MEETING ON MAY 23RD, BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso = V1ce Mayor J. L. Plummer'Jr. Mayor Xavier L. Suarez :- NOESt None. ABSENT-,, None. dY ' 4 Y. ;_E ri tt r-- ►------OiYOi_i0liii---- ----itii011YY W+Oriw w.0------ ------------------- l-"i...... ... 17. (A) FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP CHANGE LAND USE DESIGNATION AT AREA BOUNDED BY N.W. 10 & 11 STREETS BETWEEN I-95 RIGHTi-OF-WAY AND N.W. 4 COURT FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES (Applicant: Planningo Building Zoning Dept.). (B) FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT AREA BOUNDED BY N.W. 10 & 11 STREETS BETWEEN I-95 RIGHT-OF-WAY AND N.W. 4 COURT FROM R-3 MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL - DIRECT ADMINISTRATION THAT THIS ISSUE BE TAKEN BEFORE PERTINENT ADVISORY BOARD PRIOR TO CONSIDERATION ON SECOND READING (Applicant: Planning, Building & Zoning Dept.). (C) REQUEST ADMINISTRATION TO SUBMIT ISSUES PERTAINING TO OVERTOWN TO OVERTOWN ADVISORY BOARD PRIOR TO CITY COMMISSION CONSIDERATION. Mayor Suarez: Item PZ-4. Mr. Joe McManus: Mr. Mayor, and members of the Commission, item PZ-4 and PZ-5 are companion items. They look to the rezoning of certain properties necessary for parking for the Overtown Health Clinic, which is sponsored by representative Luis Morse. Mayor Suarez: Is this the one that we first had some opponents, and then we get clarified, et cetera? No? Mr. McManus: It was sponsored by Representative, Luis Morse. Mayor Suarez: Right. Mr. McManus: They got a million and... Mayor Suarez: But we had some opponents from the district until we clarified to them what we intend to do there. Commissioner Alonso: It was clarified. And this is just for the parking area that might be needed by the clinic. Mr. McManus: This is for their triangular parking area. Mayor Suarez: Are you OK, Anne Marie? Ms. 'Anne Marie Adker: You know I have problems. Mayor Suarez: Give us your name and address, please. y Ms.'Adker:,.Anne Marie Adker, 407 NW 5th Street - that's in Overtown. I have problems with this whole thing. We have the Overtown Advisory Board that does... knows nothing about this. And I would have passed by it, had I not seen a -Commission agenda. You know, and I really don't think this is right. t Mayor Suarez:; That's reallyan omission that we didn't take this to the Advisory Board on something as important as that. This particular item is {T actually a... a Commissioner Alonso: Let me ask her a question. Mayor Suarez: Way, way back, I guess. Commissioner Alonso: I thought the late Representative Reeves, had workedF with you on that Ma* Adker; Jefferson Reeves.., Comissioner Alonso: He did not? t 87 April 25, 199 Mr. Adker; Yes Commissioner Alonso: For the health clinic? Ms`. Adker:` On the health fatility, let's not get into that frustration. .What I am speaking about is, the recognition that the Planning Department, the Zoning Department, and even sometimes, this Commission, it just fails to recognize that we have a mechanism in Overtown to try to see things done right there. And I feel like it's unfair. Vice Mayor Plummer: Annie, let me do this. Mr. Mayor, let me make a motion at this time, as a matter of this Commission's policy. That any matter relating to Overtown, should be first, before it ever be scheduled for this Commission, taken before the Overtown Advisory Board, period. Commissioner Alonso: I second, yes. Mayor Suarez: Particularly matter that are initiated by the City, as it is in this case. Commissioner Alonso: Yes. Vice .Mayor Plummer: Well, any matters. those people,might as well resign, and say, Commissioner Alonso: I agree. I mean, either that, or you know, thank you, good bye. Commissioner Dawkins: I'm going to second the motion, but.I'd like to see J.L. amend it to say, that also, anything that's done in Coconut Grove must go , before the Coconut Grove CAA Board. Vice Mayor Plummer: I have no problem with that. I think that's what these Advisory. Boards are for, and to circumvent them, and not... even as.good as.a projpct might be, that they should be aware of it, because it might be a piece of. another puzzle that they are working on. So, if we want their input, and we do... Commissioner Dawkins: I don't. Vice Mayor Plumper: you can only get the input if in fact, you do that. Mayor Suarez: Resolution of intent. So moved. a. Vice -Mayor Plummer: No.' It's a resolution of policy. Mayor"Suarez: Resolution of policy. So moved. Vice Mayor Plummer: No, no, excuse me. Just to clarify it by the City :Attorney. i:,am ,not speaking of just, zoning. I am talking about matters re]atrtg to Overtown should go before the Overtown Advisory Board, and the C"nut.Orove,Board. I think that they should,,definitely do that. Mr, Joel- Maxwellc' Wouid that also include privately initiated, rezoning request? ice Mayor Plummer; Of course. Why not?, GRipmmissi6her'Dawkins:. What did you say, Herb? 3^ Vice Mayor Plummer, Private zoning request. ias�oner,:Dawkins OK Mrs M xwe]l`; So`Al] $o, you are saying all matters purely to come before �.11i s rt ssi on?; :eye r? Ohni Woner `Dawkins OK. I'll wait until, under discussion. Mror�;suara; The Overtown Advisory Board is specifically set up for v t nt' de��.004s;, in ,Overtown . We don't. have, equiWal at_ asaQci, tivna MOMrdt } ._the,° City ° and to try to pass a motion like that, would Just ri Y$ Agri 1 25' 10 k 1 ,; a{ ti F" 1 17 t`. Commissioner Alonso: It might create discrepancies. Mayor Suarez,, Yes, I mean, let's lay over to what we are concerned about. We are concerned about the Overtown Advisory Board now being involved in this ' healthclinic, and that's entirely correct. That's an oversight, and let's correct that. I would suggest in the narrowest possible way. Commissioner Dawkins: OK. Isn't it a fact that you have a Little Havana Development Authority, which is supposed to see what goes in the Little Havana and the specialty center? Don't we have a board for that? ? Vice Mayor Plummer: Yes, sir. Commissioner Dawkins: All right. See, so don't tell me, we don't have them. Mr. Maxwell: Mr. Mayor. Vice Mayor Plummer: It's like... you see, the same problem, I keep getting Calls from people on the Waterfront Advisory Board. That Waterfront matters come before this Commission, that has never been taken before them. No, I think what we've got to make a decision is, do you want the input of these people, or you don't? You can't be selective, or hip and skip, to what you take before them. You either have got to take it all, and they know the total picture, or you don't know it all. That's my feeling. Commissioner Dawkins: All right. Let's do this J.L. I agree with you, but let's go back and structure boards. Give the boards some charges, and get a way ofelecting members, and with a time to serve. Because the Overtown Advisory Board has been on and sitting, every since I've been here. Vice Mayor Plummer: Fine. Commissioner Dawkins: So there should be a mechanism, where if they get they elected, I have no problems with it, but I don't see where there has been any elections to put people there. Vice Mayor Plummer: I sure have no... Ms'. Adker: They have elections every year, in July. commissioner Dawkins: Well, I... OK. Ms..Adker: I'll send you an invitation. Commissioner Dawkins: No, I'm going to do better... OK. Mr..Adker:, And -it's structured, it is structured. Commissioner°Dawkins: I..withdraw my second.. ce�Mayor -PIummer: -OK.: I'll withdraw the motion. But here again, you know, herC we are, possibly going to defer this item, and... Mayor•°Suardr, Don't know. -.Vince,, Mayor -Plummer: ... that could have been avoided. This is a perfect ly g opd item. 1 think she didn't come in opposition to the item, it's the idea. H Commissioner Alonso: No,. she didn't. Ms, Adker:� No don't... oyor Suarez: She just wanted to be consulted, that's all. M.,Adker, I am not objecting to what is being done. I am objecting to the ` way, it's bring done. C trnlao16ner Alonso: Right. fs� Adkers Thet's lt. And I thought that when we came before this city kl7 Omni,salon., 1 89 April 25t 1.091 S x Vied Mayor Plummer: Weli, ail right. Anne. �Yas. �K Ms. Adker. Viol Mayor Plummer. Anne, excuse ale. In this particular Case, there is an easy out. This -i s f'l rst reading,OK? , Ms. Adker: OK. Mayor Suarez: It's the first reading. ' Vice Mayor Plummer: Prior to second reading, you take it before the Overtown Advisory Board. OK? Commissioner Alonso: I so move. Vice Ma,lair Plummer: I can't imagine they would be opposed to it. Mayor -Suarez: But if there are opposition, we would like to know about it before the second reading. All right? Commissioner Alonso: I move. Mayor Suarez: So moved and seconded. Ms. Adker: All right, I don't think there would be any. Mayor Suarez: OK. Thank you. Ms. Adker: Thank you. Commissioner Dawkins: It's needed, so I don't think anybody else.is'going,to oppose 1 t, ri ght? Ms. Adker: Hardly. Vice Mayor Plummer: "Hey, don't look a gift horse in the mouth. ComMssioner_Dawkins:: It's needed. I'mean, the reason. that it was there, it is'be'ause you and .the rest of'them 'worked with Representative Reeves to get It,there; because It was needed: Comnissioner,Alonso: That's right. Commissioner Dawkins'. -So, there is no opposition. But like you say... Ms-.Adker: w:There. .is.no opposition. Vice Mayor Plummer: Now,>I am looking for Genuardi. Mayor. Suarez: 'oVery . good.: �A1 T. right. But for future reference, we really should as a- matter of policy, although we don't need to pass resolution to i taka �aiia►tt+�rs rto*.,the'= .Overtown . Advisory Board that effect the econora development'"of Overtown — that's what it's there for. `< r ffi Mayor Suarez: Moved:and,seconded.s r COMMI$sioner Dawkins:' Anything Overtown Mayor,��uar�z.�.�=might: Any. discussion? not, please read the ordinance. ".If i�_0 l i:he roil .IN zv, I �rYre U rit s AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-20009 FOR THE AREA BOUNDED BY NORTHWEST 10TH AND 11TH STREETS, BETWEEN 1-95 RIGHT-OF-WAY AND NORTHWEST 4TH COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT << PROPERTY FROM MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE !— DATE. 1� Was introduced by Commissioner Alonso and seconded by Vice Mayor Plummer and..was passed on its first reading by title by the following vote: t AYES: Commissioner Victor De Yurre '3- Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. _ NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER REGULAR NON -AGENDA ITEMS. Mayor Suarez: Item PZ-5. Commissioner Alonso: Moved. Mayor Suarez: Moved. Vice Mayor Plummer: Second. Mayor Suarez: It's:companion item. It is companion item, is it Joe? Commissi.oner Alonso: Yes, it is. Mr. McManus: Yes, sir. Mayor Suarez: Thank you. Vice Mayor Plummer: Likewise, the same stipulation, that you take it before r the Advisory Board, before second reading. Mr,., -McManus: Yes, sir. Mayor'Suarm Read the ordinance. Cali the roll. _ x= r.: m 91 Apri 1 25., 199 en. xFRwe•se`3 ' { AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA BOUNDED BY NORTHWEST LOTH AND 11TH STREETS BETWEEN I-95 RIGHT-OF-WAY AND NORTHWEST 4TH COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-3 MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 23 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 1 Was introduced by Commissioner Alonso and seconded by Vice Mayor Plummer and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. (A) VICE MAYOR PLUMMER DIRECTS ADMINISTRATION TO INVESTIGATE NEWLY - INSTALLED PAY PHONES WHICH OCCUPY AN INORDINATE AMOUNT OF SPACE ON SIDEWALK. (B) BRIEF COMMENTS BY VICE MAYOR PLUMMER CONCERNING REASONS WHY THE _ HYDROPLANE REGATTA HAS BEEN CANCELLED. ------------------------------------------------------------------------------ Vice Mayor Plummer: Can I bring up a side subject very quickly? Mayor Suarez: You're so quick at it. You know, I mean, she was just about ready to bring up something, but you.... Commissioner Alonso: I was... Vice Mayor Plummer: Well, I've been here longer. I know how to jump quicker. Mayor Suarez: Really? Vice Mayor Plummer: Before we continue on Mr. Mayor, and Mr. Genuardi gets away.. Mr. Genuardi*. Mayor.Suarez:As.long'as it is not related to hydroplanes, or hydrofoils, or hydroboats, or. Vice Mayor Plummer: No, sir. Oh! By the way, just an announcement that the } hydroplane race is dead in the water. Mayor Suarez: Oh, I'm sorry I mentioned it. Dead in the water._ Vice Mayor.Plummer: It's the first time that the Ms. Budwiser was killed by a manaiee. No, that's true. The reason the race was cancelled was because the t,. manatees „. Conrnissioner Dawkins; Because J.L. Plummer couldn't raise the money. ; Mayor Plummer:.,. have had the permits pulled. Mr. Mayor, sometime ago, .E #his City i~orrmiasion addressed the issue of pay telephones. And we had the 92 April 254 1991 _; issue where certain ones went to certain companies, and certain others, went to others* Most members of this Commission, I would assume, were like myself, as remember pay phones. They in fact, were just a pole with a telephone on itswe Last night, I had dinner at Islas Canarias, you know where that is? - on NW27th Avenue and 3rd Street. The a y have a pay phone now that has come out, in which they are placing it on the sidewalk, a five foot sidewalk, and that thing takes up three feet of the sidewalk, which leaves two feet for pedestrian walkway. OK? Commissioner Alonso: All of the new one are huge. Vice Mayor Plummer: Now, not only that, they have got above the top of what now is this new encasement for the pay phone. They have what I would estimate to be roughly, a twelve foot aluminum structure - now, that's probably going to get stolen, be traded in for recycling - for their advertising. OK? Now, I am saying to you, they are putting these things right at the corner, which are creating a safety hazard. This one that I looked at last night is -on the southeast corner of 27th Avenue and NW 3rd Street. There is roughly two foot of sidewalk for pedestrians to get by. This box is humungous. You cannot see around the corner because of this box. I think we need to instruct these companies first of all, to reduce down the size of those receptacles. Second of all, don't put them on the corner where they block the safety vision, and third of all, if they are going to put propaganda, twelve feet above this box, that we want a part of that advertisement. OK? Mr. Rodriguez: I will discuss it with director, Luis Prieto, which is over for Public Works. I'm sorry, he is here. He can advise on this. Vice Mayor Plummer: Well, they told me that the permit was issued by the Building Department. Mr. Joe Genuardi: Not if it's in the public right-of-way. Mr. Rodriguez: Whatever, we will follow up. Vice Mayor Plummer: OK. Al I am saying is, Mr. Mayor, do you understand what I am trying to bring about? This thing in my estimation, does create a safety problem. The commercialism above it, that's something that canc be argued back and forth. Commissioner Dawkins: When we gave the permit, or permission to put the — phones, there, Mr. Rodriguez, did we give the right for them to sell advertising? They were just supposed to put a phone to provide service. That's al,l. Mayor Suarez: We thought they were just supposed to put a phone, yes. — Mr. Rodriguez: My understanding is that they are not supposed to do any advertising, and I am going to check now with... Commissioner Dawkins: I don't care what J.L... I don't care how much they get. I don't want any of it. Take it down. = w: Mr. Rodriguez: Right. We will check with GSA, I believe Mr. Williams is here: I don't know -;if he wants to address that issue. ... Commissioner Dawkins:- No, no, no. Check the records to 'see what I voted on Mr. Rodriguez: Right. My opinion is, that you didn't. Commissioner Dawkins: And whatever I voted on, that's what I expect you to i dog Commissioner Alonso: And one more question, because also, I don't have recollection. Did we put any limit in the amount of phones that could be installeCin a certain area?:y-y Vice Mayor Plummer: We did... no, ` Comnlsson$r"AloneQ: because I have seen so many in the last month, iidn'a kilos► that,, so inatny people :a11 so often in the streets, that they felt the nOOdd. And�.." 93 April 25 r;Y Vice Mayor Plummer: Whoever is in charge, I think you've got to go and see this new receptacle they have come out with, how big it is. OK? Commissioner Alonso: Huge. All are them are so. Vice Mayor Plummer: And I mean, they are taking up more than half of the sidewalk. And personally, I think, you need to tell them that they can't put it within "X" number of feet of the corner, because they are blocking the vision. It's a solid receptacle. Commissioner Alonso: Have you seen 22nd Avenue and 8th Street? - two. Not one two. Incredible. Mr. Rodriguez: Let us look at the whole thing and we'll get back to you with a report on whether there are any violations, how we can correct them. Vice Mayor Plummer: Well I am not worried about violations because they might be perfectly legal. �I don't know that we put any stipulations. But I ' am telling you now that it's there. That we need to urge them, or tell them, to move these things from the corner, and if possible, to cut down on the size of the receptacle. That's... I leave it at that. Mr. Rodriguez: OK. Vice Mayor Plummer: The twelve foot above is not a safety hazard, and I am not really addressing that issue. I do feel, if they are getting.revenue, we are.entitled to some of it on City property. Thank you Mr. Mayor. 19. AUTHORIZE INCREASE IN CONTRACT PRICE ($30,000) WITH MINORITY -SYSTEMS, T - INC. AND SEALAND CONTRACTORS, INC. - FOR SWIMMING POOL RENOVATIONAT. GIBSON PARK (B-2924-B CIP 331099: SWIMMING POOL RENOVATIONS). - - --- - ---- - -- ----------------- ------------------ ------ ---- Commissioner Dawkins: Mr. Mayor, I have a resolution here, the City Manager asked me to bring up: Mayor Suarez: 'You're getting pretty quick too. Because she just was ready to get her item in that she had requested. Commissioner Dawkins: .All right, go ahead. I yield. Commissioner. Alonso: No, no, no. By all means. You finish with,, -your and a then '1l go. Yes, go ahead.y Mayor Suarez: No, no. We are in to your... Commissioner Dawkins: No, I'll yield to the lady.! _- fi Commissioner Alonso: No, no. Go ahead. Y J - Yice Mayor Plummer: Mr. Mayor, don't worry, he is no longer my brother - you -;. are. So don't worry about that. I'll vote against him whatever it is. Commissioner Dawkins: OK. A resolution... we have to get the Gibson Park - pool ready for the summer. And because we had the two bids out, and there cane tµ;= some discrepancy, I have a resolution authorizing an increase of thirty thousand dollars ($30,000) in the contract price for the pool. Because that' . { 94 Apri l � n s n gyms- �t,x'nUt. t 7d t a; +' what the.... something is going to happen if we don't do it. The, guy, is entitled to twenty thousand dollars ($20,000). r 1-..+ Vice Mayor Plummer. Second its y' Cissionetw Dawkins: OK. Move it. Vice Mayor Plummer. That means, I get thirty thousand for Bayfront Park, right? Mayor Suarez: Moved and seconded. Commissioner Dawkins: No. Wait now, no, no. Vice Mayor Plummer: This is the first time I've been able to get even. Commissioner Dawkins: This thirty thousand is coming from the fountain. f - Vice Mayor Plummer: Yeahl Ah huhl Mayor Suarez: The famous one dollars for one dollar, working in the other direction. That's interesting. Vice Mayor Plummer: Yes, finally. The worm -is turned. Mayor: Suarez: All right. So moved and seconded. Commissioner Alonso: That will be the only way that you get him to be against the swimming pool, if you tie both together. Commissioner Dawkins: Right. Mayor, -Suarez: Call the roll. ...- Vice.Mayor,Plummer: Call the roil. Mayor Suarez: Madam City Clerk. +` The following resolution was introduced by Commissioner Dawkins, who moved its adoption:' RESOLUTION NO. 91-317 A RESOLUTION AUTHORIZING,AN INCREASE IN AN AMOUNT NOT TO EXCEED $30,000 IN THE CONTRACT- PRICE FOR THE RENOVATION .OF ;THE.SWIMMING POOL, AT GIBSON'PARK, PUBLIC WORKS PROJECT NO. B-2924-8, WITH FUNDS THEREFOR BEING: ;ALLOCATED FORM THE ,CAPITAL,IMPROVEMENT. PROJECT. _. N0:331099, ENTITLED "SWIMMING POOL RENOVATIONS"; AND AUTHORIZING THE CITY MANAGER TO 'PROCEED IMMEDIATELY '_ :: WITH THiS4 PROJECT.:. (Here follows body of resolution, omitted here and on file; n':the:-Of fice of the City Clerk.) s.econded by Vice Mayor Plummer, the resolution was passed and tr, op esbar the following vote; Y,F t, ` AYES: Commissioner Victor De Yurre v 4: Cow. ssianer..Miller J.-,Dawkins } �x Cowls-sioner,.Miriam Alonso 4 lli`:Mayo' J,,.l.. Plummer, Jr. .,1 Mayor Xavier L. Suarez t` None , x I y } {a ; { 0 F { Rv � is t i�i Mr. Vi rgi l io Perez: Yes, thank you very much. My name is Vi rgi l io Perez, 1401 W. Flagler. I am here, and representing the superintendent of schools and on behalf of the College Assistant Program (CAP). I'll like to tell you a -little bit about this program. This is a tax-exempt organization that ' provides assistance for Dade County neediest high school graduates, to attend I college after they have exhausted all other means of financial assistance. The scholarship grant ranges from five hundred to fifteen hundred dollars per student for one academic year. This is one of the few programs of its kind in x the country, and a hundred percent for all donations go to the students, which makes CAP an unique charity. I'd like to tell you that last year, they were given five hundred and thirty grant to students in Dade County. This j Saturday, May 4th, the program is going to start with different activities from basketball, marathons, all participating by students in Dade County, and everybody is giving donations to this program - to the College Assistant Program. I°don't have to tell you who are the people who need this financial assistance — which are the most needed, the Blacks, the Latins, and the people who, do not have enough funds to go to college. The combination of the event is going to be done in the Riverfront Hall at the Knight Center. Which is a ball...' -which everything that is donated there is going to go to this 'program, And we are here requesting to this City Commission, to waive the fee for the — Riverfront Hall Ballroom, which is forty-eight hundred dollars ($4,800). Contingent... Mayor Suarez: Is that legally...? — _.. , Commissioner De'Yurre: Can we waive that, or...? Mayor Suarez0 14 permissible for us, or do we need to go? - f Comnissioner'Alonso: Can we waive the -fee? -— Mr.'Rodriguez: Yes. The Manager recommends that we waive the... up to forty- Al` eight hundred" dolla"rs.. Commissioner De Yurre: Hold it. Is he waiving, or is he going to put up the money? fR . , Commissioner' Alonso: Waiving. Mrs Rodriguez: -Waiving. iE° S "iyor,.Suarez: ,Andwe can"legally..do that? Mr Parez: We wont to waive it contingent, that the payment of this fund goes kr t �Y to ,the colIege;Assistant Program,- We don't want to waive this fee, and then ti trot have the Hyatt pay this.. mayor. SAJaret: Presumably, if the fee is actually waived, you Gould do with t t t` f�coeds whatever you want. 1, +fit trnis�jonef Aienso Yes. £ferYs . °1iK. Bt�t we want to•.. 4; t F APO i 25, 1091 } t 2 Mrt Pere: We want to thank you very much. NOTE: AT THIS POINT, THE CITY COMMISSION CONSIDERATION OF ITEMS ON THE PLANNING AND PORTION OF THE AGENDA. ----------------------------------hI---------------------- --------------di—-ii`----- 21. RECONSIDER RESOLUTION 91-78 (WHICH DENIED APPEAL BY VERONICA NAGYMIHALY) - AFFIRM ACTION OF ZONING BOARD IN MODIFYING ZONING ADMINISTRATOR'S DECISION REGARDING LANDSCAPE REQUIREMENTS FOR LIVE OAK CONVALESCENT HOME (2500 N.W. 22 AVENUE) - ACCEPT LANDSCAPE PLAN, INITIALED BY JOSEPH GENUARDI, ENTITLED: NAGYMIHALY PROPERTIES PLAN OF SASAKI ASSOCIATES, INC., OF NOVEMBER 1, 1990 (as modified). (This issue was tabled momentarily - see label 33.) Mayor Suarez: PZ-6A. Madam City Attorney, you want to make a statement into the record before we get into the rest of this? Ms. Miriam Maer: Thank you. Yes, I would. This is an introduction to 6A and B; and 7A and B. And I would like to address my remarks to both of those items.at this time. The hearing today, is to review City Commission resolutions, numbers 91-78 and 91-77. These resolutions deal only with landscape issues, specifically, certain trees, number of trees, and walls to be located on the applicant property. Mayor Suarez: Landscape and structure? - in that sense? Ms. Maer: Landscape and... exactly. Before we proceed, I would like each party''to indicate their agreement with the 'statement on the record that, that is what we are here to discuss today. Is.that right, Mr. County Attorney? Mr'.Daniel A. Weiss: Assistant County Attorney, Daniel Weiss, on behalf of Dade:County. That's correct. Mayor Suarez: OK. Just get a little closer to the mike, if you would, counsel. Can we 'get a''similar statement from...? Mr. Norman 'Mal i nski : My name is Norman Mal i nski . I am here ° on behalf ''of Nagymihaly's: It catches me by surprise. I don't know what is being excluded in that statement, However- I can't agree with it, because tied into the landscaping; and` the wall issues, is the securing by the County of a certificate:of occupancy. Mayor:'Suarez: on I don't think she meant to' exclude that. 71 . ;. Ms. Maer: ,,:No Specifically, I am excluding any discussion regarding the granting of, the "special exception for the construction of the wing from =a cpuple A year ago. That is not the subject'of 91-77, nor 91-78. Mr, Malintki: That is correct. or Suarez: Madam City Clerk, I believe we have an ordinance in effect that sags on Planning and. Zoning items, we'll need to get everybody sworn in. 1'!taee - rem ind men OK. Who do we hear from fl rst? I would like, if I may, for just a moment to beg your indulgence,'` I >4t y�r Suerez: Or do we need to hear form both °sides on all of these, before ►e star't swuarin everybody right and left? 15",.'ert its probably best to go ahem and, swear them in, beeawus$ I ann ={rf they wIII�. �a f. 9� April 950 199 F a �� Mayor Suarez: It conceivable we may not have to hear from them, but just in case, swear them in, it won't hurt there any to swear to .the truth of any statements. You counselor, any of your agency heads may have to, or representatives may have to make? You would all stand up and raise your right hand and be sworn in please? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: OK. Let the record reflect they were all sworn in. Who do we _ hear from? Ms. Maer: If I may? 6 Mayor Suarez: Or, are you not finished? Ms. Maer: I would like to continue for just a moment. Mayor Suarezt Please, go ahead. fi Ms. Maer: Just to refresh everyone's recollection. At the last Commission meeting, the City Commission requested that staff properly notice these two resolutions, 91-78 and 91-77, to bring them back to this City Commission to see 1f the Commission wished in fact, to reconsider them. If you wish to reconsider the one set forth in item 6A, which happens to be 91-78, first you need to vote to reconsider. And then with that affirmative vote, you would then proceed to reconsider it. I have prepared for your consideration, a proposed resolution, which is 6B. And what 6B does, is it approves a particular landscape plan. If you proceed to adopt 6B or a modification of 6B, you then must continue to reconsider as set forth in 7A of your... PZ-7A of your agenda package, Resolution 91-77, and then reconsider that resolution by adopting 7B which will conform Resolution 91-77 to whatever you do in 91- 78. Mayor Suarez: OK. 4— Msi Maer: Otherwise, we will have two inconsistent resolutions on the record. a Mayor Suarez:All right, let's begin by 6A, reconsider that, I'll entertain a motion to... Commissioner Alonso: Yes. I so move. '- Mayor Suarez: So moved. Seconded. I guess, 'there may be or not, some - _ argument on this, but I will suggest that we keep it to the "Bs" rather than � the "As" since there are motions to reconsider I believe, in each case. And this Commission almost always passes those, so. If you think that... I -mean, ; it's up to you, I don't the reconsideration itself has any implication for your legal posture - maybe it doesn't. Mr:'Weiss::- As far as the form and procedure, we have no problem with that. We'would like 'briefly to address the merit, certainly. Mayor Suarez: OK. And of course, anything you say in regards to,-6B we: can apply. -to 6A in case we were inclined to go back to the initial position that would not have required the reconsideration. So on the reconsideration, call the -,,roll, please.. PZ-6A.= t v.V 99 April Z , . ti f � c � .�;�.y�c�^w L.: � i The following resolution was introduced by Commissioner Alonsot who moved its adoption: RESOLUTION NO. 91-319 — t A RESOLUTION RECONSIDERING RESOLUTION NO. 91-78 ENTITLED "A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE ACTION OF THE ZONING BOARD IN MODIFYING Al AS PER SECTION 3006 OF ZONING ORDINANCE 9500, AS AMENDED, THE DECISION OF THE ZONING ADMINISTRATOR — RENDERED IN HIS LETTER DATED AUGUST 1, 1990, REGARDING LANDSCAPE REQUIREMENTS FOR THE LIVE OAK CONVALESCENT HOME FOR THE PROPERTY LOCATED AT 2500 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF TRACT A AND TRACT B LESS SOUTH 1701, ZIPES SUBDIVISION, AS RECORDED IN PLAT BOOK 78 AT PAGE 54, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BY ACCEPTING THE LANDSCAPE PLAN INITIALLED BY JOSEPH A. GENUARDI AND BEARING THE DESIGNATION "NAGYMIHALY PROPERTIES PLAN OF SASAKI ASSOCIATES, INC., OF NOVEMBER 1 1990119 (THE "PLAN") SUBJECT TO THE MODIFICATION OF SAID PLAN TO SHOW A CONCRETE MASONRY WALL ON THE PROPERTY LINE IN LIEU OF THE ALUMINUM FENCE", SAID RESOLUTION NO. 91-78 HAVING BEEN ADOPTED JANUARY 24, 1991 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Ma or Xavie L S y r uarez NOES: None. ABSENT: None. Mayor Suarez: Now who is the petitioner on the reconsideration? I guess it's o Ms. Nagymihaly and her counsel. Mr...Malinski: Yes. Mayor Suarez, I don't know how much history we have to go = back into,. but -:when we were .here in January, we had, unfortunately for the City, misplaced, or did- not have present in the room, the plans that I have placed, up on the row of chairs. And at Mayor Suarez's request, sir,.we pulled out. the only plan that we had available, and that was a plan that had been inked over, and had been modified in the course of some discussions. Commissioner De Yurre: Excuse me a second. Mr. Mayor, are we reconsidering ths,.or is.this_a°rehearing? Ms. Maer: I`.understand you just voted that you wished to reconsider it:- that s was: = Commissone r'De Yurrev Well, if we are going to reconsider then, we should Y start from scratch -and not go through the whole history. Just make your presentation; we wilt vote yeh, or nay. Mayor Suarez: Yes. Only go through the history to the extent you think it r MY jar our ;memory, but too much rehashing of history is going to make us all just wish that all these trees were burnt to the ground, and that the County would cancel all of its treatment of people in the general vicinity of that area, and'that all of you would all just go away, so Mr 'Mal, .nski Well, I'm going to be very brief. ' Mayor ,/uarers QK. �i t is xf' too April 25, 1991 yK f 66yt &sr''::¢ p tii Mr. Malinski: In January, the Commission approved the plan, and we all thought that the plan approved was this plan that we are looking at, because we all though that we had ignored these green markings. It turned out, when the matter went to permitting, to Building and Zoning, and then to the City attorney's office, that there was some question in the mind of the administrative staff. We then came back on a personal appearance a few weeks ago to clarify it, and because the Commission wished then to handle it according to the City Attorney's opinion, by reconsidering this ordinance, that's why we are here today. Now, what 1s this plan that we are talking about? It is a plan basically, to restore to some semblance of dignity, an apartment building that had hundred year old oak trees surrounding it on one side that were removed, and in effect, destroyed by the County in the course of constructing their new facility. To protect the property owner and the apartments, this plan that you are looking at was proposed. It reconstitutes, as best as can be reconstituted, the landscaping. You can't replace hundred year old trees. It provides for an extension of a matching decorative masonry wall around the perimeter of the building - along that particular side. And it provides for the addition of'some other barriers by way of landscaping and by way of concrete walls. Now, where we are with this, is no more than restoring, as I said, the dignity of this property to what it was before the construction started and the trees were removed. That's where we are, and that's what we are asking the Commission to do. Basically, is go back to where it was some months ago and say, this is the plan, because we now have the plan. Without green markings, without penci111ngs, with pens, and this is what we would like on behalf of the Nagymihalys, to have done at this property. Mr. Weiss: Mr. Mayor. Commissioner Dawkins: Pull the mike closer to you, please? Mr. Weiss: Mr. Mayor, Mr. Vice Mayor, members of the Board, we would suggest - that we are quite a good deal further along, as the Mayor suggested, than restoring the dignity of the trees which were damaged. We are all in agreement, and the City has ordered that certain things be done. There was quite a good of time spent at the last hearing, determining precisely what should be done, and some marks were affirmatively made on the plan to indicate What should be done. These, we are in compliance with, and we are going forward with, and we would suggest there is no confusion as to what was required, to be done, and to come here and to ask that that can be reconsidered, we don't think is appropriate under the circumstances of the amount of time that the Board spent on this. However, the crux in the matter is, 'that `'the County really does not have any objection to complying with this new set of drawings that's being brought before the Commission, provided certain minor modifications are permitted to the County. And modifications that are required only by existing utilities, and existing law. And we have given -the clerk a copy for each of the members of the board, precisely what we are dealing with. And it is both a color coded sketch and, with explanatory - material attached. And if I could be given the indulgence of going through them one by one, I would like to inform the board of these modifications that we are requesting and why they are being requested. The first is, that due to existing sewer lines and manhole covers which were not indicated on the Sasaki drawings'which were presented to you this afternoon, we find that the wall, if it is to be built at the southeast corner of the existing building, will be built right over,`those utilities. Now, we are not asking not to building that Walt, we`are simplyz saying that there is a two foot jog in there, which we have indicated in yellow on your color -coded sketch, and we are asking to.. 'a excuse me, it's three foot jog, it's a ninety degree angle. We simply like to reduce that to two feet so that we are not going right over our sewer line. Also,` following' along the same line, we'd like to extend the decorative F fr masonry wall, for the same reason, straight out, instead of making the ninety degree angles shown by the yellow slash marks. The purpose of extending it out, is to provide the same sort of aesthetic protection that our neighbor, s Ms. Nagymihaly has been asking for all this time. In pink!, we have indicated gate which we would like to put in to have access to the maintenance area, Just on the north side, to get into the air-conditioning compressors, and this - is simply a necessity of being able to service these periodically. lastly, 141th-regard to the southeast corner of the existing building, we are asking permission to relocate the two gumbo limbo trees, which was shown by arrowse bnstead of being t'put in front of the yellow portion of the wall, simply, to be moved°over slightly to the west, to be put in front of the blue extension of the well, Thirdly... 1p1 April 25, 1991 +a i Vice Mayor Plummer: Aren't these internally within the property? ,h ' Mr`. Weiss: These are internally within'Cade County's property However..6 r. Vice Mayor Plummer: Would you be able to see this from their property? Mr. Malinski: Yes, clearly. !. Vice Mayor Plummer: You can? s Mr. Malinski: Yes, we have a photo album. r 's Vice Mayor Plummer: I'll take your word for it. If you can see it from the street, you can see it. Mr. Malinski: Commission Plummer, it's a three story building. Mr. Weiss. It's a good question. The reason... and I asked the same question, and that's the response. That it's a three story building, the tenants extensively will be able to look down upon it. J Vice Mayor Plummer: OK. - Mr. Weiss: And we are sensitive to those aesthetic concerns. Sensitive enough that we are willing to build the wall, and we will like to build it straight across, so we don't have to tear up the wall if we have service our sewer lines. Next, proceeding down to the bottom edge of the drawing, in the south east and the southwest corners, we have marked in red, the south east and southwest corner of the property line, and what we have marked in red, is where the driveway extends into the neighboring Nagymihaly property. And what we are.;.asking there, is a modification to comply with the City of Miami -Is own building and.zoning code, to allow what's called, division triangles. So that people who are driving into the driveway can see over the wall, so they don't hitsomebody, and.sue the City and the County for putting the wall up. Last thing that we want to do, we think is equally uncontroversial , and that is marked, toward the lower left hand corner of the drawing, and it's marked in green, ° and there is one of the oak trees is right there on the south property .line. Now, im order to preserve this existing oak tree, we would like to build the, wall. 'not through the tree, the way the Sasaki drawing shows, but around, the tree.And with those modifications, if.they should...` Mayor Suarez: And all this is agreed upon? Mrs°Mai inski: No.°The reason for that, Mayor: Suarez, is not for the purposes f_ of bung' 'contentious, but because`, we saw the pl an fi fteen minutes before we stiarted-this hearing. Mayor .Suarez: > _OK. --All right-, but -we heard a no, so I know, that it! s .snot all agreed-rupon,...So=our,next question is... 1tice t Mayor:_Pi ummer: i*. Excuse, me are you saying no, you don't agree, orr no, "you haven had_ time to. Gook: at its' R iµ Mayor Suarez: Right. In other words, could we maybe table the item and have, tipth sides ..try to agree, or go; through this excruciatingly detail -by detail' ✓`,g °y poor rode by ~color . spade, wa11s going through -trees, or, around thew..:., There is a fir lt,to°the abilj.tyzof this Commission. to get into the details`of, this,.,and rhA� i*t �:;cou-J hurt- your. case- oot. 0try �� to work i.t out. Maybe taki�tg a� Ulf dour r �i:ta�,6u woul since it's the .first time you've seen it.' 3 Mrs Mai i nski; ?he problem i s � not that, Mayor Suarez, The problem :i s that i " h 11kt°ghat there a; resolution,... 4 r =l Mayor=, Suer�es It sounds to me like =it's good • faith attempt to- comply► With h host you concern k ri 1.' htM ins�ii .1+leil, aS to some of them# there may be a possible resolution. _` '` - t a a.,is.'�rery simple,_- #ioro v►e re 11 the enol cif 1 ri1•, we have `` .dope i�fQu h: p04ns with green m4rkt�tgs, we have gore through paens with l�iu+ 1i>e If. W 'MVe " tojjor aP utrlailt sake ag1'ee lIth eY�Rt'Ythiil kr Jag♦A uwere o� i to sr { Mayor Suarez! But we don't know that yet, but if you take a half hour and you agree, then we're in good shape. if you don't agree, then we've got to Bo 'back to going detail by detail on this that would just... Mr. Malinski: No. Mr. Mayor, the problem is not that. the problem is whether to agree or disagree now. And whatever would be imposed now. wewere , Mayor Suarez: We would build it into an order so clearly annunciated that hopefully, no one would ever be able to get around it. Mr, Malinski: Well, you have heard the story about the two Jews who built 4 three synagogues? Mayor Suarez: No. Don't hear story about any ethnic groups. t Mr. Malinski: One goes to one, and... Mayor Suarez: Not interested. Commissioner Alonso: Oh, please. Vice Mayor Plummer: Wait, wait, wait. What was that? What did I miss? Mr. Malinski: Two Jews built three synagogues, one goes to one, one goes to the other one, and they both boycott the third one. Mayor Suarez: No, no, no. Privately, privately, you may tell Commissioner, any Commissioner. Vice Mayor Plummer: Do you realize. that you're going to be the headlines in - the Miami Herald tomorrow? Mr. Malinski: I'm Jewish. Vice Mayor Plummer: That doesn't make any difference. Mr.rMalinski: I<can tell that joke. Vice -Mayor PI ummer: My brother is not Polish, but he told a Polish joke, and —_ j< he got his picture in the paper. Mr. Malinski: Well, all right. I'm sorry, but the problem is not that, the problem .1s..to:the extent that there is a possible agreement, I don't want to g"ve up this .time; and have to be back here in May or June, when we don't have an agreement. But I can't in good faith, considering all of the layers of plans we have. gone through, say OK, and then have the County comedown with a plan..to your building department two weeks from now, that just does violence to:rhat weF:have- agreed= to. That's my problem. Mayor .Suarez;. Wetl;are you saying —are you ruling out the possibility of an agreement if you take a half hour, or forty-five minutes, or an hour` to discuss this with him? Is -that -what you're ruling out? leis. ova Nagymihaly:,.: I. wil l say it very quickly, but, we have looked at.: five plans that -they : have drawn �-: fi ve p ans.' And each time they brought us the plans, = el ther, "twenty-four hours before, or as today, fifteen mi nutes, before `? Th, V,'is`'not a -°plan,- by .,the' way, "this is:`a minuscule 1 ittle drawing. ` A plan ' should Chava ;a data, .i<t -should be' signed by an architect, it should be, able o Y bpi done.. Thi s i s =what they have conned me into bet nevi ng each `step ' of theT And!then Carnes the ptn, and then they can't draw i t, and that s why ° i "aim �` brick here, i.dohlt-give:up: I have a right, and I want to get there, and I x �s Jnt.:: we''Tupht this... I` shouldn't say fight. We have tried' to resolve ?: p fit► xbu tthe are. not `trying to resolve it, because they are trying to make me money, and run,out of patience. This day, we should resolve our < {, ���v u.. �1�►ven�sr �� # plan. - �- " onsa couldn't --_agree more. .011 �j That's what I was saying to take a half hour and see It: we + ' don't halve to go through these one by Qne, but it's.., I.givo up,.,r' � } 1 r 7 1 % Mr6 Naoymihalyt But, I had already won this plan. This is the purpose. T Mayor Suarez:` I am not sure that we are ever going to resolve this, but we are going to... t Commissioner Dawkins: I've got one thing to say. I agree with her. I have not seen the same plan since I've been here. Every time it comes, it's a, small, minute detail and argument. Now, if they agree on this plan, I'm not going to see anymore plans. What I'd like to know is, how many beds were ppt in the new facility? Mr. Weiss: I have Mr. Armand Gonzalez here, who is the administrator for this facility, and recognize that is the overriding issue, and would be happy to have him address any concerns with respect to that. Commissioner Dawkins: Thank you. I can wait. Mr. Armand Gonzalez: Commissioner, thirty beds were put into the new facility. Commissioner Dawkins Thirty beds. Mr. Gonzalez: Thirty. Commissioner Dawkins: That means you were able to serve... we are able to serve thirty people? Mr. Gonzalez: Yes, sir. Comnissloner.Dawkins: What else was put there that benefited the service of the people? Mr. Gonzalez: It's strictly designed for thirty beds. �.' Commissioner Dawkins:, Thirty beds? Now, you keep hearing everybody say, that the City_of Miami doesn't do anything. Now, the City of Miami made this land available for us to 'service' thirty more people.. Now, go back and tell Joe Gersten, -that we cooperate, and I get tired of every time we need something .. from the County,; he is a stumbling block. That's all I wanted to say. Thank you. Mayor Suarez: Anything further? Commissioner Alonso:; Yes. I have questions.May I see the plan that I saw = the last time they were here? Mr. Sergio Rodriguez: The one that we call "the green plan"? - Commissioner Alonso: ` The one that we said was the plan. fir. Rodriguez: Right. Marked with initials from Genuardi? -that's the green Carmissioner:AIonsi Would you, check and tell me„ that if it is. Ike x ,exactly no . Ygecause always, I look at a di stance, and they look to me the 4. W. dame, tiut then later on, they are not. Would you people get together, and`I i;hink w should:,Doi leave;it u to them. tell e p It: should be we._ that 4 .them -,we t ble .thl ,itN they get :'together, or this.Commission cannot agree on'''what's . happening.• * And"I tlon't `think it's fair to the Cityof Miami, and to this' _ COnmi sOion, :. to. continue to., take our time to; -come in , once, . and,:, Again, end egeip rand At, w111. never` be re�oived. Get together, identify if it exactly 4 t1l+e ' f it i come } { lave pl an s, back to us, we make a decision, everyone agree t it them pile, is e the same thing that we have in front of. us.,,, L! 11 1iko hpr thinks it is the same. �+ o y haler: Commission .Alonso, e11 .I. Can ley, and I was. advised not to �x sR,y this, put I am. I hsve spent eighty' thousand dollars ($80,004) f ght ng r i becea It',.not clear, Decease I have to keep coming beck, was once .:..ry 4 r { 104 r rsrt i m f - Commissoner ybe I am 1I gay this hats Cannoteunderstand �twhysupposed another point you sp spent thateither kind of money r nether than put it for good use on your property. Ma. Nagymihaly: I have an AIDS, I have a detox... Commissioner Alonso: But, I am not going to go into that. Ms. Nagymihaly: Oh, but I need to, because it is a detox center where they release drug people on to the street. They are not healed. They take them for about three days into this facility. They don't give them any money, they release them on to the street. They are in our neighborhood. Now, that's one aspect. Now, the rest of it is an AIDS hospital. Commissioner Alonso: Excuse me. I don't want to get into the use of the property at all. Ms. Nagymihaly: But we just did. Commissioner Alonso: I just want to address the problem of the trees and only to that degree. I don't want to discuss use in the property at all. I have no interest whatsoever, and besides, that's not in front of us. Am I correct? Ms. Maer: That's correct. Commissioner Dawkins: Madam City Attorney, what are our options? Ms. Maer: Mr. Commissioner, your options I believe, are as follows. First of all, upon having voted to reconsider, and now reopening the hearing, you could readapt the resolution from January, which would mean that you would be agreeing that that plan down there that has green markings on it, is what you what you want to see built, with the green meaning what the green shows. In other ° words, those things that have green "Xs" are things that don't get built. Those trees that are colored in green, are the total number of trees that do get built, et%cetera. -Including the blue ink marks in the lower right hand corner would also be given the meaning that they indicate, because they Would speak for themselves as you read them there - that's option one. Option two,, you would determine that you want to adopt what the County has proposed. Option- three, is that you would be willing to adopt what I am sure Mr. Malinski is going to propose, I don't believe I have heard exactly what he is request ng as of this moment, or option four is, you would have to, detail by detail, fashion a solution that would be a compromise among all this. Commissioner Dawkins: But in the event that we chose either option, she would no longer',�spend'no more money, because we would solve it today, right? Vice Mayor Plummer: As long as it goes her way. Mr. Maer: I'cannot speak for her, whether she is going to spend more money or not Commttsioner�Dawkins: Beg pardon? Msv'Mae r:. She would certainly have a course of action after this Commission's tletermination=of;coming; back hereagain, 'and asking you to reconsider, or. taking an appeal to circuit court. Commissioner Dawkins: OK. So we would minimize her expenditures, because ' then w4ultl move her closer to court, f she was going? t Ms;`M4er: Once"this Commission makes a determination, they do have those two tit options Of going to court, or asking you again. Commissioner' pe Yurre:c. Mr. Mayor, I"would like to ask,a couple questions. .'r Have you, `cpunset, met at all with. the County, or with the center? r t :x Mr A41 insk1; Nere,-Iet'me answer. het.me answer that questions like .Mayor Plummer ; Qn the;. mi crophone, please ' lelsasK r;:i14 `11ke to respond to that.; I called t+ir, Mstliniki `y�eto ay"to ,' rspQnd this` W 10 him, and i al so met with him before the meeting t'pr some 105 Ari 1 i , -]�.WFW RNM f Mr. Malinski: Commissioner, that... Commissioner De Yurre-. You all come here like every month, like a Haley's Comet kind of thing. You know ever so often, you reappear. And my issue iso during these reappearances, do you all get together and try to resolve the issue or not. Mr. Malinski: Commissioner De Yurre, I cannot be responsible for how the County approaches things, but I have called the County daily, for the last ten business days. Commissioner De Yurre: Who do you call? Mr. Malinski: Mr. Weiss, or Joni Coffey, Iris. I got word from Mr. Weiss yesterday afternoon, I saw the plan he submitted fifteen minutes before he walked in this room. I can't tell you whether it's acceptable or not, but that's the history. Now, going back to your question, Commissioner Alonso... Commissioner De Yurre: Hold it, just done working on my question yet. OK? Mr. Malinski: OK. Oh, I'm sorry. All right. Commissioner De Yurre: Now, what's your side on that issue? Mr. Weiss: My side Commissioner, is that I return all my telephone calls the same day I get them, that I discussed this with Mr. Malinski on the telephone yesterday. He said that everything that I proposed seemed reasonable. When I got out here to talk with these folks before the meeting, the position was that if we were to pay Mrs. Nagymihaly a certain amount of money, they would agree to that. If we didn't pay the money, she wouldn't agree to them. Mr. Mal.inski: Well, wait a minute now. Vice 'Mayor Plummer: Whoa, whoa, whoa nowl Mr. Malinski: Yes, let's... - Vice Mayor Plummer: We are going to a real green picture. Mr. Weiss: If I may clarify, the proposal... Vice Mayor Plummer: Now, for the record, how much money was asked for? Mr. Malinski: Welt, excuse me. Mr. Weiss: I'd like to clarify first by making it clear, that this is a ;.. p'roposed-settlement of 'all "the. outstanding issues.` Vice Mayor Plummer:, I understand. How much money was asked for? Mr. Weiss; The amount of money asked for yesterday by Mr. Malinski, was fifty �thousand`.dollarsr($50 000j. Y ce Mayor"PIunmer: Five zero thousand dollars? � Mr. Weiss: Five ,zero; .Yes, Mr.. Vice Mayor. ;a1 Mt:.Ma , nskti, .All right. Now, excuse me. sY' Yoe :Mayor: Plummer: j,Nows is that strange that that hasn't been brought outt 'be re? kE"Y fir. Malinski: It has been. It was brought out in December. The reason for r'- tiat'is verySMPle. t { lmissione, D ,Yurre- December? - I thought the.issue was in January? , Y s ytl'r t or. T e Issue ' i s still green,but which' green? , ;)r Mr- . 41in$ks Na, Commissioner. The issue was a simple one. Let me expleln: too Arpri l 25, 199 - y# g(. One is darker than the other one. Ms."Nagymihaly: Norman. 'INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Dawkins: Get the mike, sir. Vice Mayor Plummer: Yes, you better get this on the recording. Mr. Malinski: It's real simple. When this matter was originally... Vice Mayor Plummer: Oh, I don't... Mr. Malinski: ... excuse me, was originally settled, there was a payment required to be made by the County for forty thousand dollars. The only reason that number has come up again, is on the County's proposal, to change the interior wall, because they say they don't want to go over their own utilities. We said to them, you right, it would cost you, as we estimated, thirty-five thousand dollars ($35,000) to go over your own utilities. We will save you that money, let us defray our expenses. We will agree... you don't have to build it, you defray our expenses. That's exactly what the proposal was. That is absolutely correct. They want to move a wall, we said, don't bother moving the wall. We will live with it, but let us defray our expenses. That's.how,that came up. The County offered the money in December, and that was when this whole plan business with the green markings got started. Vice Mayor Plummer: Is that a true statement, sir? Mr. Weiss: But not only was the County offered the money in December but there is an agreement which was later reneged upon by Ms. Nagymihaly, and I believe that was in the record before this body, at that time. Commissioner Alonso: Then the wall is important to a certain degree. If she is paid a certain amount, then the wall is not all that important. Mr. Malinski: No, it is a portion... Mr. Mayor, Commissioners, it is a small portion of the wall that has a gate in it. Commissioner Alonso: Yes. Mr. Malinski: And that's in aesthetically as the site lines point out as... I think{,Commissioner Plummer has the photograph, that the site lines from the building to. at portion of the wall, which is back here around the corner is not that,significant, and we -agree that it's not that significant. But .it's _ on the; plan, and that was what the original plan was. We agreed. Vice Mayor Plummer: But did you... let me ask you a question on the record, = s 1r. Mr,. Malinski: Sure.` Vice Mayor Plummer: First of all, are you under oath? ,Was he sworn in? Mayor Suarez: Yis, yes, yes. Vice'Mayor`PluiTmer: He was sworn in. OK. Did you make any statement to this {f gep oman-yesterday,.that if, in fact the fifty thousand dollars ($500000) was Af paid, the tatterwould be settled. � 74 N� MaltiiAski_:.. No 3 ti Y1e i►er,Plutrrar: Sir? t: .Mal ki': No s •'Yes.- �. Mr; 1`ltiakNow, the reason I say that, Commissioner, is what you ire not �Fy `«�� k 107 April 25' .F i No, not necessarily. Commissioner Dawkins: - Wait don't need your advice. a minute. Hey, t pay him to advise me, CIS? 1 Mr. Malinskit I filed the lawsuit. Commissioner Dawkins: That's why 1 don't want to hear from you. 00 Thank Mayor Suarez: Of urgency, of importance. Come issioner be Wre: r.. needing help and all this kind of thing. see dollars, then I start looking at it in a different view totally. Mayor Suarez: Yes. Commissioner De Yurre: So you all get together, work this out and with an offer that we can't refuse. And we will take it from there. Vice Mayor Plummer: But put the horse's head in his bed. Mr. Malinski OK, May I take one minute to answer Commissioner Alonso's question of twenty minutes ago? The answer is, Commissioner Alonso, I will stake my reputation on it. If you look at the plan that's on the seat, dated November 1, the plan that's on the floor, and the miniature plan of Dade County submitted, and you ignore all the colored markings, and you look at the l printed material only, they are identical. Commissioner Alonso: OK. Mr Malinskl: That's what caused this whole problem. Ms. Nagymihaly: And I think the other thing that caused the whole problem, was when you think of it, two and -a -half years ago, I would not have even had to come here if Dade County followed their original plan. I did not come afterwards and asked them to change it, I asked them to please follow their plan. And I did not sue - that's not my style. Mayor Suarez: This is not helping your client. Ms. JNagymihaIy: But why is it not helping to say that, I didn't come here because I wanted to spend money or be a complaining neighbor. I came here because i:saw'twenty-one, one hundred year old oak trees being chopped down. Mayor; Suarez: = We know that. We don't like to have things repeated to us. That's why it's not helping you. Ms:,Nagymihaly: And they were not supposed to do it. Mayor Suarez: We've got other matters to handle. Please take as long as you need..` Hopefully, you will have an agreement, and hopefully, we can put it so that `it -can be cast in stone, -and never to be heard from again. Vice Mayor Plummer: Cast in green. -.Wei Ss:` Thank you, Mr. Mayor. Mayor, Suarez: Thank you,, counselor �`. r AT -THIS POINT,;THE;ABOVE ITEM WAS MOMENTARILY TABLED. P! t ?� r ski # i F Ail �� �Ir 25S Wi7il it Yli1G1�1W. aYiiiiiiY .illiG.... iiiYr�ii �5 Yi iii.------- iiGriiiilrG�YY-Y iyYiiiiiiiflWYAwil Tia(®�IiiYiiiWl�Ifii i:YiW 92. DISCUSS AND CONTINUE_. PROPOSED RESOLUTION CONCERNING CLOSURE OF PORTI�INS Off' N.W. 37 & 38 STREETS BETWEEN N.W. 17 & 18 AVENUES; PORTION OF N.W. 1$ AVENUE BETWEEN N.W. 36 & 39 STREETS; AND N-S ALLEY LYING 126' EAST OF N.W. 19 AVENUE BETWEEN N.W+ 38 & 39 STREETS - AS A CONDITION OF APPROVAL OF TENTATIVE PLAN #1386-A: MIAMI JACKSON HIGH SCHOOL (Continued to May 23rd). Vice Mayor Plummer: What item are we now on? Mayor Suarez: PZ-8. Commissioner Alonso: The School Board. Vice Mayor Plummer: Oh ho, where is Mr. Turner? Where is wild Bill? Commissioner Alonso: We are still green. Aren't we? Vice Mayor Plummer: You know, Mr. Turner made a statement over at the dedication of the Mast Academy, which is so true here today. He said that academy was built with tainted money. It "taint" enough. Now, I want to help you people in closing that street, and giving it to you. I think you definitely should have it. City Administrator, how many square feet are there? And how much is it a square foot? Mr. Rodriguez: One second. Mr. Michael A. Levine: There are a little over two acres. C li Mayor Suarez: We need, if we are going to have... ° Vice Mayor Plummer: That's what you would be acquiring? _ Mr. Levine: Yes, sir. lx- MayorSuarez: If we are going to have testimony, we :are going to -need - everybody -sworn in. Vice Mayor'Plummer: -OK. And what is the two and -a -half acres worth? Mayor Suarez: It really doesn't make much sense as to another agency, but "maybe, it <does. Vice Mayor , Pl ummer: ` 'Well, I think it does, Mr. Mayor, and. let me tell you f shy, Mayor'"Suarez: No, no, I meant, to be sworn in. Commissioner Alonso:'° No, no. He means, being sworn in. ce' Mayor Pl umner: Oh, sworn in? Mayo-r Suarers Please swear them in Madam City Clerk. Any one that's going to, testify Vice Mayor Plummer; We know that other agencies always tell the truth. rrt T -THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATM UNDER ORDINANCE NOS k± x =1OS1 iO -THOSE -PERSONS GIVING 'TESTIMONY ON ZONING ISSUES. 3: Suarez: With a' smi'le. `A11 right, ayor Plummer: ©K. What is two and -a -halt acres worth? .r try Mr. Rodriquez; If it is thirty dollars a square foot, it will be about three :lilt lion'dallars$31?QO,000j. , } } 14e Plummer: About three million dollar$ (3,000,000). Are you aware t ;Of .�Nlayer th6sir? 112 'Agri 1 2k* 991 _ a ' + .{ _ Mr.,Levine i�am not aware of the assessed value, Mr. Commissioner, but I am aware that it has some worth to it. Vice Mayor Plummer: All right, sir. Now, what are you offering the City in return? That belongs to the taxpayers of the City of Miami. You are asking us, according to my... and I will venture one way or the other, to give you approximately three million dollars ($3,000,000) worth of property. What are you going to give my taxpayers in return? Mr. Levine: Working with the same taxpayers, the students of Dade County, we are putting four million dollars ($4,000,000) into the improvement of that school. Vice Mayor Plummer: You are not even getting close, sir. Now, let me tell you what I want to proffer, as I defer this item. You have thirty-six, I think, of my policemen in a school resource officers' program, which cost me in the neighborhood... whatever it cost me. It's a damn fine program. And I want that program to continue. But I want the School Board to pay for it. OK? Now, as soon as you come back and you tell me that the School Board is — willing to pick up that obligation, I'll give you that piece of property. But sir, I think it is absolutely wrong, that the City of Miami taxpayers should have to pick up that tab. Mr. Levine: Mr. Commissioner, if it's... with your indulgence, I am not sure that the taxpayers of Miami are picking up a tab in this regard. As a matter of fact, I believe the district is making some improvements to the community, both on the school campus proper, as well as in the right-of-way surrounding the school. Commissioner Dawkins: Hold it. Don't go through that. Now, you just had me pass a billion dollar bond to make these improvements. So now, don't stand up - here, and make it look like, the School Board, out of its generosity, reached in to its pocket, and doing this in my neighborhood. The school should have been rehabbed forty years ago. So now, let's be... you know, I am with you a -_ hundred percent, but let's don't snow each other. Vice Mayor Plummer: About thirty cents out of every dollar you collect in DadeCountycomes from City taxpayers. OK? Look, all I am saying to you is, - it has-been my fight for a number of years. We have bought budget problems like you do. It is a good ;program, and -I would always hoped, and -believed that that program was so good that the ,School Board ,would pay for i t. But —_ they have, never seen fit.. And,I am saying is, you are asking for three million,_give or take in the amount of property, I want to give it; to you. But I wantyou to pick up the tab.for that good program of school: resource officer's program. Mr. Mayor,.at this time sir, I know he is not in.power to make that -decision, he wilt have to go back to the people that he represents, and discussitwith them, and at this time, I would move for a deferral, that it -comes back as soon as possible, as soon as he can come 'back with an answer I so move. Mayor Suarez: So moved. Commi'ssioner4.Alonso:- Second, s Myor.=,--Suarez; :-Second., . ;: Mr Rodriguez r Continued to May 23rd? Vi a Mayer Plummer: If he can make a... come back with an answer -by by then, that', S . f i nQwi the men I want r i t to be done, : but I want :the School Board to pick up,:their. obl,124i+ion. Mayor x $uarezz OK. Call the roll. N r c f 113 April 9� " 9 } MOTION NO. 91=-320 A MOTION TO CONTINUE AGENDA ITEM PZ-8 (PROPOSED RESOLUTION TO CLOSE PORTIONS OF N.W. 37 AND 38 STREETS BETWEEN N.W. 17 AND 18 AVENUES) TO THE COMMISSION MEETING OF MAY 23, 1991, PENDING RESPONSE FROM THE SCHOOL BOARD AS TO WHETHER THEY ACCEPT THE CITY MANAGER'S PROPOSAL THAT THEY PICK UP THEIR OBLIGATION TO FUND AND ADMINISTER THE SCHOOL RESOURCE OFFICERS PROGRAM. _ r Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: I'm going to vote yes, and I would have liked for J.L. Plummer to have said that my Sanitation Department, pick up the garbage there also, when the contract runs out, what they have, but since he didn't, I vote yes. Vice Mayor Plummer: You want to include it? Mayor Suarez: No, I can't vote to defer that item. - --------------------------------------------------------------------------- -_ 23.._APPROVE AMENDMENT TO UNRECORDED DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND (DATED SEPTEMBER 26, 1985), FOR PROPERTY OWNED BY 3101 ASSOCIATES, LTD. AT 340-352 N.E. 32 STREET AND 335-450 N.E. 31 STREET -'MODIFY COVENANT WHICH REQUIRES DEVELOPMENT IN ACCORDANCE WITH SP.,EGIFIC- SITE PLAN - ELIMINATE REQUIREMENTS CONCERNING STREET DEDICATION - DEDICATE PROPERTY EAST OF STREET FOR A MINI -PARK - CONSTRUCT 4TH AVENUE EXTENSION. - - - ----------------------------------------------------- Mayor -,;Suarez: PZ-9. Mr.1 0511medillo: PZ-9 is; an amendment to an existing covenant on property lopated"batween;3lst and 32nd Streets, east of Biscayne Boulevard. You may remember that back in 185, the Commissioner accepted a covenant in a zoning s' chg600 c+nse,:ofor that; particular piece of property. The amendment to the , covenant includes conveyance of property to the City, fencing in a`... u _ Qrttrlbutionfiver-thousand dollars ($5 000) and on an FAR limitation. The bripinal building that.was to be erected there, was two hundred thousand sgyAre , t, ;- Tbi s.,. i ti s :a ;:twenty thousand square foot retail spade to be. x, �{ guilt on the property. The property which has been accepted by the... which h, W,9uld b ra+ c to =bar .t_hp,. City if the covenant s accepted, wQu1d in+�lude three ] parcels of land between 32nd Street and 31st Street, northeast. �cmmisior:er Alonso: So they are donating what is in., what is the color of What{you have as" the blue properties, is property that it's leisa ►ned py the appiicent. Lot 7, if you look in pale 12 of your packet#. . 9 ptp p''+, whiph. is being prdpQsed cpnveance to the City, will be It 7, '00_04 1 e, s0th, iOtt 21, 3, and 4. .„ z 4 ✓[ S 114 April 2541191 } b: i}.; Vice Mayor Pluftert What I have in black is what I... would appear to be 7o Mr. Rodriguett We don't have a copy of that. bJ Vice Mayor Plumer: I'm sorry. Mr. podrigue7t We don't have a copy of that. Vice Mayor Plummer: Well, am I to assume that that in black is what is being donated? Ms. Lucia Dougherty: It's in black as well as the little sliver, I think it's lot 3, to the east of, the black. Commissioner Alonso Three, four, and this too, right? Ms. Dougherty: The property that is being dedicated is lots 7, block 3, lots 2 and 3, and a portion of lot 4. Vice Mayor Plummer: This is confusing. Lucia, looking at this map here, the map you gave me. Ms: Dougherty: Yes, sir. Vice Mayor Plummer: Are you saying, lots... on the top row, what lots? Ms. Dougherty: All the black. Vice Mayor Plummer: That here? Ms. Dougherty: The black. - Vice Mayor Plummer: Only one lot on the top? Ms. Dougherty: Correct. = ., Vice;Mayor Plummer: All right. Ms. Dougherty: An6 the bottom. # Vice Mayor Plummer: On the -bottom? 3` Ms. Dougherty: The black. Vice: Mayor, Plummer:- So in other words, this is the area that you are donating< ,. for a'mini park? Ms. Dougherty: No That's the area we are donating in case you want to build al -Ste ic, You"can do anything -you want with -it. We are giving it'to you Commissioner Alonso: Forty-five feet of tot 7,.1ots 2, 3 and portion of 4? Ma:�Dougherti All•;of lot... yes, the west, forty -flue feet of lot 7, - 2, 3. and a porn on of 1 of 4. Yice=Mayan Plummi So it's just the black area? ' Ms. Doughertyi Its 5 all of, the" black%you see t on that picture. i11e' Mayor Plummer; Thi"ee is not , in black. GIs. flQugh rty; Inctudiog: the`3. Including that 3, We own that property too. - 4 Z� t + nm ipn�r i?awkins:.' lit' a° not black though. Y to for'PTO ���; Its pot,; in buck. t.rt`f if `'f di YR In' Sr 'hY9n there lt7.1R�ulll�g 3�R114/� :' t i rl 0ugharty. I am nay ��ving y�� that 45 an illustr4tio�• k ii ► i + ler R : What lot 2 i e She talking about? F: � , f) 115 AP H 1 24 . ISO., I� 4. Vice Mayor plUmMer! All right, Question. Mr, Dougherty: I also want to point one thing out on the record, because Ms6 Jones is here. We do not own the west portion of lot 6, and it appears..4 it's white on that map that I have given you that has the black part on it,,we do not own the west half of lot 6, and that is excluded from our covenant. Mrs. Jones 1s here, and she quite rightly called us and said, hey, I am part of this agenda item. I am shown as the entire lot 6, and I own the west half, and we are not including her on our covenant. Commissioner Alonso: I see. Commissioner Dawkins: OK. Let me ask a question, Mr. Mayor. The last line of page, whatever this is, of PZ-9, it says, it is requested that the mini park maintenance construction of 4th Avenue, and the two thousand five hundred dollar contribution be eliminated. What is that? What does that say? Why... where are we in...? Mr. Olmedillo: That was the original proposal when the application was filed. However, the latest version of the covenant reads that there is a contribution of five thousand dollars ($5,000), the conveyance of the property, and an FAR limitation. Ms. Dougherty: We have a FAR limitation of twenty-five thousand square feet. Commissioner Dawkins, when this project was originally zoned, we were required to build... this project, Commissioner Dawkins. Commissioner Dawkins: Um hum. Ms Dougherty: Which is fifteen stories high, and had a hundred and fifty- eight thousand square feet. Right now, we are proposing to build the project of only one story retail center, with only twenty-two thousand square feet. And that's all we are building, that's all we are asking for. We are not asking to build this large building. We have the support of all the neighborhood association. Jan Grisby, who happens to be in North Dakota because of a death of her family. The northeast task force,. every neighborhood association, is totally supportive, and enthusiastic about -this project. And... Commissioner: Dawkins: How much property is vacant around where they are? around where we are getting ready to do? How much is vacant? Mr. Rodriguez: About twenty-five percent on Biscayne Boulevard. Commissioner Dawkins: Thirty-five percent? Mr. Rodriguez: Twenty-five. Commissioner Dawkins: About twenty-five percent is vacant. How many parcels Are vacant -'that are adjacent to what we are doing? - three, four, five, two? .. Mr. Rodriguez. Besides the application, You mean, Commissioner?- - Commissioner Dawkins: Yes. Mr. Rodriguez: I'm not really sure, really. ^Dawkins: ` commissioner OK. Thank you. 6=. Vice Mayor Plummer~: I have one problem. I want one add on. Are your owners Pere?'k +; Ms,'.,, DiOU00rty: -Yea, sir. ►ioa °.Mayor IUmmer: P" QK. 9` I will 'ask that yourowders will Votin favorably, ' it�tin the cutting of the grass, and the landscaping, until such time as the it r 'dBcitles ghat it's going to do with that property, They have Oct to fiaintAin£ their Dwn.' �y Ms� �u�ia�ertyi ° Yea - Ala have to �na►intain our ctwn 'but we do nAt' want the �£p i 4bil ity of nintainiog that property@ 11 April 26*lost 5r Vice Mayor Plummer: I'm just talking about cutting the grass, Ms. Dougherty: Then, we have liability for the maintenance. If somebody falls because the maintenance isn't proper, we have the liability. That's precisely why we asked to give you the five thousand dollars ($5,000). You can spend it any way you want to. You can maintain it with five thousand — dollars ($5,000). That's precisely the issue that... Vice Mayor Plummer: I guess we can cut a lot of grass for five thousand dollars ($5,000), I just don't want to accept property, and then have it fall into a state of disrepair, which is a disgrace to them as well as to us. And we are assuming another liability of maintenance, and we're having a tough time keeping the grass cut in our parks. Commissioner Dawkins: And the Manager said he has got no money now. Vice Mayor Plummer: Well, that's my problem. I mean, I don't want to look a gift horse in the mouth, but I don't want later on down the road, somebody to come back and say, hey, look at this eyesore that the City of Miami owns. Commissioner Alonso: Is it important for us to...? Commissioner Dawkins: And it's obvious that it's expensive to do, because they don't want it. Ms. Dougherty: No. It's not the expense, Commissioner. Vice Mayor Plummer: No, their liability. I Commissioner Alonso: The liability. Ms. Dougherty: It's the liability. That's why... we could cut a lot of grass 4 for a thousand dollars year, believe me, but it's the liability that we -don't want. Mr. Rodriguez: Is it possible that we don't take possession of the land that will _be -:donated until we are ready?. I mean, in the covenant that you are proposing, that we take over the actual ownership of the land that is proffered, whenever the administration is ready, and we can wait until we are ready to do something with it. Vice Mayor -Plummer:- It doesn't takeitoff tax rolls for him. Mr. Rodriguez:, That's what'I am saying. 1 Ms,. -Dougherty:. ,It's OK. 'i Mr. Rodriguez: Instead of keeping the tax roll. Ms...Dougherty: We will°do it that way. Mr., : Rodriguez;:.: ,linti l we; take- it,at . the time we are ready something with it, } we.either, through a street or a park... `., Commi-ssioner Alonso: Then we take possession. Mr. -Rodriguez; ... then at that point, we exercise our option.2' 't slice Mayor Plummer: That's fine. , .;. a,.A u he t ;, We will do that, Q 9 Y. Fr Y^� men >ric.Mayor Plummer, That's fine, Rid the law Department understand that? - ; triam 144er: I- em sorry, I was: checking on the, legal descriptions vyo` Plummer, QK, What he has proffered, is acceptable to me Is the of ter the lend, anal thejr;will keep ownership of the land until_ such time as the .City ask for Ito they will deed it over, But until that t�they:<Wlll maitara. the land and of course, you're 9o4ng to have to pay April f R !Mlf q yQA Pit.' i C{ i �F - Y ' s Mayor Suarev Should works M9, Irene Jones: Can 1 make a statement here? Mayor Suarez: Ma'am, yes, give us name and address and I don't know that you were sworn in. Would you mind, please. Ms. ,tones: No; I wasn't. Do 1 need to be sworn in? Mayor Suarez: Could you please raise your right hand and be sworn in? Over here. Vice Mayor Plummer: There's no cost. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: OK. Let's hear from you. Ms. Jones: My name is Irene Jones, and I live at 13500 S.W. 72 Avenue, Miami. _ And I had a couple of comments here, and really a protest in a way because according to this amendment that was presented before the City Commission, my — ;I property is being represented as belonging to this partnership group. Mayor Suarez: OK, we got to clarify that. Is it... Vice Mayor Plummer: It's been clarified. j Ms. Dougherty: We have clarified it. We have ex.... Ms. Jones: All right, and I want to go on re... i Mayor Suarez: All right, anything further? Ms. Jones. Thank you. And I want to go on record as saying that I want to be excluded from this amendment. Mayor Suarez: Is that taken care of? ' Ms. Dougherty: Well, she wasn't a part of the first one either, so... M Commissioner Alonso: She was not. [; Ms.Dougherty: -...she's excluded. ►�; Mayor .Suarez: All right. _. Ms. .Maer:} We'll make sure that the language in the legal is corrected to refl'ect:that that land is not, in fact, part of this covenant. Mayor.Suarez: OK, beautiful. Thank you for your comments and... g�. Ms, Jones; Thank you. Mayor"Suarez: ...fairly made request. Any further discussion? If not, I'llwl entn on-,the,item: Comc�►issioner Al onso; Yes, I so move. Y: s Mayor Suarez: So moved'on.PZb9. l Dvmni sionpr�Alonso; .fline. 2 } dad' Arty discussion? If not; please call the roll. 17_ ,jrpr,'Seo 5�; 4sT i 120 Aprii 2 ,,19 ; x� OW The following resolution was introduced by Comissioner Alonso, who moved its adoDtidh! — RESOLUTION NO. 91-321 A RESOLUTION, WITH ATTACHMENT, APPROVING AN AMENDMENT TO THE UNRECORDED DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE. LAND, DATED SEPTEMBER 26, 1985, FOR THE PROPERTY OWNED BY 3101 ASSOCIATES LTD., A LIMITED PARTNERSHIP, AND LOCATED AT APPROXIMATELY 340-352 NORTHEAST 32ND STREET AND 335-450 NORTHEAST 31ST STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), TO MODIFY SECTION 1 OF THE COVENANT WHICH REQUIRED DEVELOPMENT SUBSTANTIALLY IN ACCORDANCE WITH A SPECIFIC SITE PLAN (LAST REVISED MARCH 27, 1985) ON FILE WITH THE CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT AND TO THEREBY ELIMINATE THE FOLLOWING REQUIREMENTS CONCERNING: (A) STREET DEDICATION, WHICH WOULD BE AN EXTENSION OF NORTHEAST 4TH AVENUE; (B) DEDICATION OF PROPERTY TO THE EAST OF SAID STREET DEDICATION FOR A MINI -PARK; (C) MAINTENANCE OF SAID MINI -PARK; (D) CONSTRUCTION OF THE 4TH AVENUE EXTENSION; (E) A SIGN AT THE MINI -PARK; AND (F) PAYMENT OF $2,500 TO THE CITY OF MIAMI PARKS IMPROVEMENT FUND (FOR CLEMENTE PARK); SAID APPROVAL BEING SUBJECT TO EXECUTION AND RECORDATION AT OWNER'S EXPENSE OF A COVENANT RUNNING WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vine Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES:,None. ABSENT: None. Mayor Suarez: We have a two minute recess. I love to do that. It doesn't happen very often. Vice Mayor Plummer: Boyl Mayor Suarez: We're actually ahead of schedule. Anything we should resolve, Mr..Assistant,City Manager? Mr.; Rodriguez: , No. Mayor Sualrm. Let's do this, let's take a five minute recess. {` THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:58 kz P.M> AND RECONVENED AT 5:15 P.M., WITH ALL MEMBERS OF THE *CITY COMMISSION FOUND TO BE PRESENT EXCEPT y COMMISSIONERS DE YURRE AND DAWKINS. t. t� *'THE CITY EMPORARILY OS y CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER REGULAR NON -AGENDA ITEMS.] 12l April 25, 1991 � h � iY�Yliifl �Gii GGiY.iW Y1W Yf1YiPi iYfYiw YliifG3 iY WiY fYS YAYIi.Yih ilYii iti Yii1111Y ----W----YW.wWlYIfYYi'iii.«tYiYYiY 94. (Continued discussion) WAIVE USE FEE IN CONNECTION WITH EVENT TO BE HELD IN BAYFRONT PARK TO RAISE FUNDS FOR SISTER CITY SAN NOSE, COSTA RICH, TO PROVIDE ASSISTANCE FOLLOWING RECENT EARTHQUAKE (See label 12). --Y---- --------------- i------Y-1------ —W/i — ----------------- ----------------- Mayor Suarez: Let's go. Vice Mayor Plummer: Mr. Mayor, waiting... Mayor Suarez: Commission is brought to order. Yes. Back in session. Vice Mayor Plummer: Waiting for my other colleagues, as you know, I brought up prior to lunch about the problem with Costa Rica and the immediate needs. I'm sure that the City administration will make known to me and then through me to you, any surplus of materials that we might have that we could make readily available. I also asked the administration to look into the possibility of a fund raising event, hopefully, in Bayfront Park. What I would ask of this Commission at this particular time is a waiver for City in - kind services and the waiver of permits and fees for said event. And if I am in order, Mr. Mayor, I would so move at this time with the full understanding that any and all proceeds after expenses would go to the Costa Rican relief fund. I would like to move at this time that all City expenses, in -kind, permits, and fees be waived and I so move, sir. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor ;Suarez: Any further discussion? We presume that in doing this, we're discussing, Mr. City Manager, expenditures or out-of-pocket losses or opportunity losses, costs, somewhere within the kinds of figures that you have discretiontoapprove in any event. We're not talking about large amounts of �s money, because... 3 t Vice Mayor Plummer: I don't think so, sir. Mayor -Suarez: All right. I don't know that we have to define it further. If it should turn out to be a substantial amount of money, please get back to us because we may want to reconsider this. We just don't have the money. e4' NOTE FOR THE RECORD: Commissioner Dawkins entered the Commission meeting at 5:17 p.m. Vice .Mayor;. -PI ummer: Surely, sir. Commissioner Dawkins: OK, I have a resolution... Ms: Hirai: Mr=Mayor, may I call the roll on that? ^ -Commissioner Oawkins: Yes. Y 'Mayor'Suarez: Yes- please call the roll. Qorrmusioner Dawkins: On what? What are you calling the roll on? F. _ ; }�ny�ar Suarez, � � ,� It s on the use Bayfront Park amphitheater for a fund raiser . n retards to the Costa Rica earth... lic+ ayor. Plummer: And the waiving in -kind services of police, the normal olmissioner Dawkins: Thank you. �i NuQr SuaLloev Cal 1 the roll, 122 ril: 5, 1991 51 The following motion was introduced by Commissioner Plummer, its adoptions MOTION NO. 91-322 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WAIVE FEES IN CONNECTION WITH AN EVENT TO BE HELD IN BAYFRONT PARK TO RAISE FUNDS IN ORDER TO ASSIST SISTER CITY OF SAN DOSE, COSTA RICA CONCERNING DAMAGES CAUSED BY A RECENT EARTHQUAKE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. ------------------------------------------------------------------------------ 25. ALLOCATE $90100 IN SUPPORT OF THE MIAMI SISTER CITY DELEGATION VISITING FROM KAGOSHIMA, JAPAN - GRANT $2,500 TO COVER CITY FEES FOR JAPANESE SPRING FESTIVAL TO BE HELD ON WATSON ISLAND - EXECUTE NECESSARY M NTS AND INCLUDE REQUIREMENT THAT ANY PROFITS FROM EVENT BE ` AGREE E RETURNED TO CITY FOR THE ICHIMURA-MIAMI JAPAN GARDEN. -------- ---------------------------------------------- E --------- Mayor Suarez: Commissioner Dawkins. g, ., . Commissioner Dawkins: I asked for some money to hold a reception for the i,.. Japanese visitors, and the International Trade Board says that they will give t the money, but they want us to pass a resolution. So I have a resolution. i, And I so move. NOTE FOR THE RECORD: Commissioner De Yurre entered — the Commission meeting at 5:18 p.m. Mayor Suarez:: OK, I'll entertain that motion. Comniss;ioher Dawkins: Ninety-one hundred dollars, plus $2,000_for... $2,500 fromMliss�Agnes:Youngbiood and the Japanese Garden, making a total... Vice= ;Mayor ;Plummer: I second the motion,- Mr. Mayor, and, of course as you Fr Know, 'the ITB is a recommending board to this Commission and that's why it has ` o bye `here, ::#orrEsol union: Mayor >uarez: '' Thank you • Once agat n we plead and beg for Channel 6. If any k �: of. thew should, be listening to this to redress their coverage of the Ricoh ` s ' Corporation investmeW in -.the City of Miami, which they made it sound like the company wanted something from the City, and actually all they've done is to. #ep ps ,b�► , restoring the Japanese, Gardens to the tune of $330,000 not' to mention „paying many many of the expenses of this whole Sister City;r ara�nement with an, important city and a rather important part of the world as inv atments°in our community. So moved and seconded. Any discussion? ' 'note please call the roll. x � t ,{ 123 April 2L 991 t The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-323 A RESOLUTION ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $9,100, FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE MIAMI SISTER CITY DELEGATION VISITING FROM KAGOSHIMA, JAPAN, MAY 8-129 1991; FURTHER ALLOCATING AN ADDITIONAL AMOUNT NOT TO EXCEED $2,500 FROM SAID FUND AS A GRANT TO COVER COSTS OF SPECIFIED CITY FEES FOR THE JAPANESE SPRING FESTIVAL TO BE HELD ON WATSON ISLAND ON MAY 129 1991; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EVEN SPONSOR(S), SUBJECT TO AND CONDITIONED UPON SUCH REQUIREMENTS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE ADMINISTRATION OF THE CITY OF MIAMI, INCLUDING THE REQUIREMENT THAT ANY PROFITS FROM SAID EVENT BE RETURNED TO THE CITY FOR THE ICHIMURA- MIAMI JAPAN GARDEN. (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING PORTION OF THE AGENDA. za -- - --------------------------------------------------- - - ------------------- .:. 26. , SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 245- 299-- N.W.- 55 COURT (FLAGLERMEMORIAL CEMETERY) FROM R-2 TWO FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL (Applicant: Planning, Building & Zoning Dept.). --------------------�---=--------- --------------------------------------------- Mayor Suarez.--=PZ-10...' Commissioner Alonso:'> May I`ask a question? May I ask a ques... r Mayor Suarez: lies, Commissioner Alonso. Coemis ioner -Alonso; o• . Did we take a vote in the one of Costa Rica andinthe 51 second one? AS, Hirai; Yes, sir. L . ConrsiasionihrxAionso: Soth? ' Ns. Hirai: Yes, ma'am, we did. r Commissioner. Alonso: OK, thank you. jI 1 124 April 25# 1991 - Mayor Suara! PZ-10. Mrb Guillermo OlmOdillo: PZ-100 Mr. Mayor, is a zoning amendment. You may remember that this is the cemetery, Flagler Memorial Cemetery, and this is, a — second reading for that particular piece of property. The covenant that we have includes the wall, the maintenance, the bond, and the no mausoleums within a certain distance, and I would ask the property owners' representative to stipulate on the record what these conditions are. Vice Mayor Plummer: Excuse me... Mayor Suarez: Yes, let's get all the stipulations on the record. Yes, Vice Mayor Plummer? Vice Mayor Plummer: This is the cemetery? Commissioner Alonso: Yes. Mr. Olmedillo: The cemetery, Flagier Memorial, the northeast corner r northwest corner. Vice Mayor Plummer: OK, for the record, I will be voting on this item. I have no monetary consideration or in no way, shape, or form benefit by my vote on this issue. But I just want to put it on the record. Mayor Suarez: OK. No conflict. Any discussion on this item? Anyone wish to be heard against the application of PZ-10? Let the record reflect no one stepped forward. I'll entertain a motion. Commissioner Alonso: I so move. Mayor Suarez: So moved. Seconded. Any discussion from the Commission? If not, please read the ordinance. Call the roll. 1 AN ORDINANCE = - z E < AN'ORDINANCE AMENDING .THE ZONING ATLAS OF ORDINANCE N0. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA- AS AMENDED, BY CHANGING THE ZONING } CLASSIFICATION OF APPROXIMATELY 245-299 NORTHWEST 55TH I, COURT, MIAMI,_'FLORIDA (MORE PARTICULARLY DESCRIBED F HEREIN), FROM R-2 TWO FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; BY MAKING FINDINGS; AND �BY'MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 31 OF r SAIbZONING ATLAS; CONTAINING`A REPEALER PROVISION AND ' SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Passed.on Its first reading by title at the meeting of March 28, 1991, was taken up for.i s second and final reading by title and adoption. On motion of Commissioner .Alonso. '`seconded by Commissioner De Yurre, the Ordinance was`rthereppon given its second and final reading by title and passed and adopted by ahe following vote: AYES*;; Commissioner;Victor De Yurre Cgmrnissioner Millar J. Dawkins Commissioner Miriam Alonso 1(1ce Mayor J L. Plummer, Jr. r" Mayor'Xavir`L. Suarez' ,. NOE$. Hone. ¢> _ ABSENT; None. a,} -THE,-:ORDINANCE WAS DESIGNATED ORDINANCE NO. 10873. 4,: Tfie City` Attorney' read the ordinance into the public record and f r enfl0ft d Chet copies were available to the members of the City -Commission and 7J s, F to the .001, #c17 . . g� i S iZs April 28, 199t ( i t . rF a - r e" .. ..r.+rawrirrariex.w�aasrrrw+rr..rrrasrrwri.:�cit��rrr.rr..er.ea�aiyr+wrr..as�ar,�.r+,u.ranvr�awr.e.rarrr+.icirarir+orraa+rsra«.�.rrar . 274 FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT-121�- 199 N W. 34 TERRACE FROM C-2 LIBERAL COMMERCIAL AND R-2 TWO FAMILY RESIDENTIAL TO PR PARKS AND RECREATION AND C-2 LIBERAL COMMERCIAL ,— i (Applicant: Planning, Building & Zoning Dept.). [R.K.W.: ROBERTO CLEMENTE PARK] i'.rc..rw.awr—r.:wrrrr.r..r..r..rrwrrrr—..u.+.r....--.... _- ----------------------------.... ----- Mayor Suarez: PZ-11. Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ-11 is the extension of park and recreational zoning to lands immediately north of Roberto Clemente ! Park, which were purchased by the City... I Vice Mayor Plummer: Move it. Commissioner Alonso: Second. Mr. McManus: ...this is consistent with the extension of Roberto Clemente Park to the north. Mayor Suarez: Anyone wish to be heard against extending the • g g parks and recreation classification to that area north of the existing park? Let the record reflect no one stepped forward. We have a motion and a second. Read Y the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT - APPROXIMATELY 121-199`NORTHWEST 34TH TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM C-2 LIBERAL COMMERCIAL AND R-2 TWO FAMILY RESIDENTIALTO PR PARKS AND RECREATIONS AND C-2 LIBERAL COMMERCIAL; BY'MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON ., PAGE NO. 21 OF SAID ZONING ATLAS; CONTAINING A ( REPEALER PROVISION AND SEVERABILITY CLAUSE; AND �. PROVIDING AN EFFECTIVE DATE. �Was,-introduced`-byCommissioner Plummer and seconded by Commissioner . Al onso and was passed on its first reading by title by the following vote: ''AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins 'Commissioner Miriam'Alonso s Vice Mayor J. L. Plummer, Jr. Mayor` Xavier L,.. Suarez- f. . NOES':;. ; Nne. �S 'ABSENT: .None: Attorney.: read .theordinance into the public record and t.E announced that copies were available to the members of the City Commission and s: to�� the ,public.. G 2255 i r j t z i � April 25, '90 . i ( 1 1 s Ilif`W ��Yiidiii .......... Y{ili,Gy'y Gib ypYYUYi LI{i i.Y fici-i:ifi3i Yi DIY WGil fi'i iiL iivwY.-Yw— —iL iiii--i—WWYw iY OYiii YKlliY iil i11 �i1iiiW iW 2g. DENY APPEAL AND UPHOLD ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION FOR CONSTRUCTION / OPERATION OF EXTENDED CARE FACILITY AT 626 A 627-609 N.W. 11 AVENUE AND 1058-1098 N.W. 7 STREET (Applicant/Owner: Jorge Lamadridi George C. Stubbs, and Inter -American Engineering Corp.) ..Wr..a.�----r.i.r--------- rr—r.wwiir------.y r.....r---------- r.r-----r�r�r�i�r+.r.i+r�rrr�r.�wa� Mayor Suarez: PZ-12. Gentleman who is... Mr. Lamadrid, who is the applicant and property owner had indicated that he wished to quote, unquote, continue this until he could further discuss it with the neighbors in the hope of obtaining their acquiescence and support, et cetera. Unfortunately, as I told you and two minutes later it turns out I was a prophet on this, that does not necessarily mean that the neighbors are in agreement with the continuance. So we don't have that agreement? Is that correct, before we get into swearing in people and.... OK, somebody, hopefully, did not give you an indication. You're here without an attorney? Mr. Jorge Lamadrid: Yes, sir. Mayor Suarez: Mr. Lamadrid speaking into the record. We're going to have to swear everybody in. You may not do too well if the Commission is not inclined to accept your request for a continuance. And I don't know what to tell you. I don't know who would have told you that just because you want to have a continuance and think you can arrive at a settlement with the neighbors and so on, that you will automatically be granted a continuance. I don't know who gave you that impression. Mr. Lamadrid: Well, Mr. Mayor, I have some information with me that would be interesting to the Commission that I've already shared with some of the Commissioners. Mayor Suarett All right. Let's hear the matteri, s continue, then it will just have to fall or.. Vice Mayor Plummer: Well, excuse me. Mayor'Suarez: ...prevail on its merit. Vice Mayor Plummer: technically, we either matter remains as it was. Am I not mistaken If a have to move there? Mayor Suarez: Yes, we could have a situation where nobody makes any motion, and... Mayor Suarev You can move that to you if you want. Mr. Lamadrid: For the record, my name is George Lamadrid. I reside at 2916 Perry Avenue, Miami Beach. Since the last meeting, after the vote to reconsider, I have spent quite a bit of time in the neighborhood knocking on doors, discussing the issue with the residents. Many of them were under a mistaken impression as to what I am doing. After describing what I was, in fact, doing, they have no problem signing 65 petitions in favor of the project, saying that they had no exception to the project taking place. I have signatures from the neighbors that are adjacent, directly adjacent to the property, which are property owners, saying that they have no objection to the facility taking place where it is, them being directly affected or directly next to the property contiguous with my property. I've held a meeting at the church, as Mr. Mendez stated, sent flyers out to everyone, had a afternoon snack prepared. No one showed up for the meeting except for Mr. Mendez's parents, Mr. & Mrs. Mendez. I discussed the issue with them. They still have opposition to it, but I let them know that I had planned to continue the meeting tonight. And they said, well, fine, you know, we'll just... It was my impression that they would take it up, you know, whenever it was addressed, and I left with the impression that they had no problem with continuing the meeting. I've also taken the letter that they submitted to the City of Miami, which I have with me, which I could show you. It discusses certain objections that they had with the facility. They had to do with people outside the facility milling around, selling narcotics on the street openly, that they would attract a certain type of element. I addressed all of these issues, all these problems that they had in the letter that I sent to them. I signed the letter, so they have, on paper with my signature on it, a statement saying that these things have been addressed and will not take place there. I am also interested in addressing another concern that they have which is part of j the application and saying that there will be an out -patient after care i program as part of this facility. I've already told many of the property owners that that will not take place in this facility. That there will not be an out -patient activity in this facility. And I believe that with that, I've addressed all of their concerns. Now, if they continue to have a problem, I ' would be very interested in knowing specifically what it is so that I can further address it. And basically, that's why I'm asking to continue. I've already talked to several other property owners which I don't see here today which did not come because I told them that I was going to continue, and are interested in driving by the existing facilities which I have provided C information to this group on, because they are starting to see that, in fact, this is not going to have the adverse effect on the neighborhood that they had been told, I believe by this group, that it's going to have. So some of the neighbors, the ones that I have been able to talk to, are starting to open their.Minds to this thing. And they're starting to consider it seriously as what,-- it is. Instead of having an idea of what it is, and opposing it. Furthermore, a couple of the property owners that I have talked to were very concerned because of what they were told that this was going to be. After clarifying ,it to them and showing them evidence from the City of Miami, documentation, they calmed down and they didn't seem to have any problem with what 'I was _doing. On the contrary, they said that they would very much like to support what I'm doing because they see it as an improvement to their neighborhood,and they would like to see an improvement to their neighborhood. Rgyor.Suarez: I'm inclined to just have the Commission act or not act at this point; and not even have you say anything. But it might be helpful since he's puzzled as to,what remaining objections you have, counselor, if you could just ' sort ''of briefly state or restate what I believe we went into at length the 1as tz time on this as to what your objections are. And if they've been in any way. alleviated by what he just stated to be agreed upon or proposed modifications of his plans there. Rodriguez: Mr. Mayor, we don't have any documentation that have been :'. referred ' to MrS Lamadrid, and maybe for the record, he might want to enter tr= that if we haven't seen it. t` Hr, zL=Adrid. I have it. Mayor Suarez; If it becomes necessary. I just want to hear verbally if there's any real change from your perspective, and if not, why not? .k. , Mr` `Mender. Mr Mayor, briefly, we take exception to Mr. Lamadrid's statements that there have been a change in attitude in the residents. 129 April 95, 1991 g i Mayor Suarez: - Yes, we need your name and address again, counselor. I think you said.. Mr. Mendez: Sergio Mendez. i have a... t Mayor Suarez: I don't think we're going to forget that name for a while. Those of us from the 601s, thank you. Mr. Mendez: He doesn't go away.. Mayor Suarez: The late 601s, in my case. t Mr. Mendez, My business address is 2151 Le Jeune Road in Coral Gables. Once again, I'm here on behalf of my parents, Louis and Xenia Mendez, who are property owners at 1136 N.W. 6th Street. We take exception to Mr. Lamadrid's =_ statements that there has been a change in attitude in the community. As you can see, there is an overwhelming amount of property owners... � Mayor Suarez: I was thinking more of the substantive changes that he proposed, and the way he would operate the facility than the people. He's got some idea that certain people signed a signature. You obviously have a lot of t people here, a lot of the same faces we saw before. } Mr. Mendez: We believe that the changes that he's proposed in order to get ' this Commission to reconsider its previous decision are cosmetic in nature, Mr. Mayor. The enforcement problems and the promises that Mr. Lamadrid has made to the community are practically impossible to oversee or enforce. The amount of patients, the square footage, the main concern of having this facility in this neighborhood which 1s on the ropes as far as going up or down or continuing to erode, we have, if the Commission wishes to look, thirteen drug -treatment centers within a two -and -a -half mile radius of this proposed facility. And it's just pounding and pounding away at the people who live there and the property owners and further eroding their values of property, 17j-theirneighborhood, their community. And it'sjust an over saturation of g' these`type'of'facilities, and for those reasons briefly and we can certainly go into more detail if the Commission feels it's necessary - that this project should'be'denied. And that you.should not reconsider your previous decision. Mayor, -Suarez: Commissioners. Does anyone wish to move reconsideration of,the priorAetermination? Ms. Maer: ° Mr. Mayor; if I may 'interrupt, I'understand that, in fact, you did Vote,thatothts has been reconsidered, and instructed us to bring it back to .' you .at this time. So I think now you can adopt the same resolution you previouslyoadopted which, in fact, upheld the' decision of the Zoning Board, and vwould`be=denying the appeal MayorwSuarez:'°Why, do you have the impression that we agreed to: reconsider it? t�sy..., Commissioner Alonso:, Because she is right. Mayor,M Suarez:. 3 � We'-ve made. -,:a daterm nati on, , and I' think under the Code wi thill 4 30.days;=someone.caA move to .have`it reconsidered. Comm stoner Alonsol, This Commission gave. him the opportunity to meet again with'ts .. t NleyQrISuarez: Right, 'I don't think thatwe would have...-- . u�t t n t j ai stoner ';At onso; .. •the ::-neighbors ` and , then to come back again for, an eppartunity, and thmt''s the, hearings that' we have in front of pus. t 1 f. ' F MayorUares Yes, ,� don "t think we' would' have... � z i e ei Meat: � , 1991i y as�ed this resoldtion'11+ ber' 91w2�7• : ThlS `iS . e� yitf your dgenda;4-Whiehiffa , : it, recon,.. yas; ' read 97? ' 7'wo fifty a a l►e:li,`1�li�l� i0 i'atv reconidered this, yy TS ilrOonsideri r V 130 ` April 95, 1991 is r' �F Y k i { Mgt Maar: YOU reconsidered this at that time, So you now have an item in front of -you that needs to be determined one way or the other, s= Mayor Suarez: All right, so then we need a substantive motion one way or the Other, a, Msi Maer: Right, exactly, thank you. Mayor Suarez: OK, if we're at that posture, I suppose it... Vice Mayor Plummer: So move. I move to uphold the previous Zoning Board's application. You know... =1 Ms. Maer: OK, so you would be moving to deny the appeal, and to uphold the decision of the Zoning Board, which is to deny this special exception. Vice Mayor Plummer: Right. - - Mayor Suarez: OK, so moved. Mr. Mendez: With prejudice, Mr. Mayor and Commission... Mayor Suarez: Welt, it will operate, I think, this time, to bar them at for a year, I believe. No? Ms. Maer: I believe with special exceptions, they're prevented for one year from coming back to the Zoning Board with a similar application. But we don't have that rule with regard to asking the City Commission for reconsideration f on special exceptions. Mayor Suarez: I don't imagine that they would do very well to have it reconsidered. Commissioner Alonso: I will second the motion, but I have a question that I'd liketo ask to Mr. Sergio Rodriguez. Sergio, the land that he owns', can he develop, `let's say, housing in that property? Mr._r Rodriguez: -Hold on a second. Yes. ` Commissioner-Alonso: It has to be just commercial? Could it be a combination of_comnercial'and residential? — Mayor`Suarez: What, kinds of things could be built on there, is the - Commissioner's question? Mr. Rodriguez: -Yes, he could have besides residential`, he could have offices in-that-property.`,He has a fairly large range of possibilities. Commissioner Alonso: So can he have a building that, let's say, ground floor pou;'e comm 1dbercial offices and then residential?- . . Mr. Rodriguez: wHe could have offices and then residential. Commissioner Alonso:�:Acombination: That's a possibility,,a nice possibility _ x, for,a nice'ne3g boyhood. OK, .-fine. - ; ayor. uarez: The mikediuse with commercial at the^bottom, and residential at the top might 02intere'sting, just .purely residential: The 'area wants to try tQ..mainbaio i^ts� re ^i ential character. Mayne juet� conmercial�, i mean, you've ' r got al l kinds of things. � The, one thing you want :to do there... _N ►ice Mayer. P1 crier, He s got a lot of Options, Mr. Mayor, Let mit` just put..on ttip record. Sirs, .,.asaid"before and PlT say again, I think',your':factlity and {r} hat proposps'to do is an excelliant facility. And if there wasn't another .t pi$ce A.1ain�d-in.'thg city that it could be put on, I might think differently. s ` but ane: ret plenty of other pieces of land that it could go on. Your ` orrdm i fry 'that h T ha►v .. dean, 15 good. AndIf.would hope thot you would 1t Como other` idco of land.i"to- puV your thing... As l said to you before, acid, . t ► �n yog' ag&ifl, the City has kind of encouraged on. the north side of. t, fO Wean° t to river and Oth Street; from nth Avenue to t7th'Avsnue, .. `+Qipi 1 1i�tf'iot. You're not hospital, but you come very close,to it, think that i s .the area that you should be in. 13 A,pri 1 251 1991 P"A Mayor Suarez! It's kind Of a Medical complex. Bice Mayor Plummer: That's correct, sir. Mayor Suarez-. All right, do you want to try to state anything doesn't seem like you're about to prevail here? Final point? Mr. Lamadrid: Well, I would just like to say that when the property owners submitted their petition in opposition, some of the people that had signed the list were not, in fact, property owners, and I'd be interested, out of 60 1 think 5 property owners that are in that area, only 28 were opposed. Four of those have since turned around. I'd be curious to know how many property owners are actually here in opposition. Mayor Suarez: How many of your people that are here in opposition to this can identify themselves as property owners in the area? Unidentified Speaker: I own five buildings there. Mayor Suarez: OK. Commissioner Alonso: All of them understand what we are saying? Mayor Suarez: Hopefully. TODOS SON DUENOS PROPIETARIOS EN EL AREA? OK, she's saying that he has petitions from tenants, not necessarily owners. Frankly, we're not in the business here of determining this on the basis of majority vote on that. Commissioner Alonso: Of course not. Mayor Suarez: We're trying to look at the criteria specified in the Code The fact that we have an incredibly high density in the City of Miami, and i; this area specifically, of these kinds of facilities, and we're very concerned about the stability of that neighborhood. And your project, from our perspective up here, doesn't add to it. So... Vice Mayor Plummer: For the record, Mr. Mayor, let me indicate. In my longevity: around here I don't think I've ever seen a map that was solid red. Not one person in favor. Mayor Suarez: Yes, that map seems to support the proposition that you don't have,most, of thel .- support. But anyhow, so be it. We have a motion and a second. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummert who, n ved.-its adoption:.-. 1 0 RESOLUTION NO. 91-324 A RESOLUTION.DENYING:AN APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO DENY A SPECIAL EXCEPTIOW FROM .:ORD I NANCE NO. 9500, AS AMENDED, THE -ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT?,, REGULATIONS, PAGE 2 OF 6, PRINCIPAL USES AND STRUCTURES TOALLOW THE CONSTRUCTION AND OPERATION OF A 8 i,883 SQUARE -FEET EXTENDEVCARE FACILITY- FOR 56: tA. $UBSTANCE* ABUSE CLIENTS FOR THE PROPERTY LOCATED 'AT _626 NORTHWEST,! 11AVENUt 627499 NORTHWEST 11 AVENUE -AND 1058 HWEST 7 STREET9 MIAMI, FLORIDA, ALSO" -1098;NORT, -DESCRIBEDAS,LOTS AND 90 BLOCK 1AND SOUTH 46! OF LOTSANDZ, LAWRENCE-ESTATE LAND CO AS RECORDED'IN , PLAT 100K,12 W -AT PAGE" OF THEPUBLICRECORDS OF DARE :�, -COUNTY FLORIDA AS PER PLANS ON, ILE; ZONED RO-3/6 0 EUDENTIAL�; FfICE.: -It -Here -, fol lowsbody �of -resolution* omitted here 'end 'on in 'the -Office vf- -00 City Clerk.) esolutio vials pasle, 'tommissioner Alonsot the r' d' g, n n i* etc I ded 'by- 00,409pted oy,the following VotelL A U2 pri 1' 25,661 }'3 i AYES Commissioner Victor De Yurre - _Commissioner Miller J. Dawkins r commissioner Miriam Alonso — Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez z NOES: None, ABSENT: None. Mr. Mendez: Thank you. Mr. Lamadrid: Thank you. r-----r---r-----a--r—r—rr—i..a--ar.aaa--aa -a,---:raa-a-ar--aaaaa------r--iY--a-draw- .. ., 29. APPROVE REQUEST FOR MAJOR USE SPECIAL PERMIT FOR ST. HUGH OAKS PROJECT - (23 SINGLE FAMILY RESIDENTIAL UNITS) AS A PLANNED DEVELOPMENT OVERLAY DISTRICT (Applicant: Dept. of Development & Housing Conservation). [R.K.W.: Affordable housing, Coconut Grove] -�--------------------------------------------- ---------------------a--- ---- Mayor Suarez: PZ-13. Mr. Guillermo Olmedillo: PZ-13 is a major use special permit which is presented to you.. This is a 28 single family residential project to be located at St. Hugh Oaks property, which is in the Grove. The address is on Franklin and.Marler Avenues. The Planning Department has recommended approval to you. The Planning Advisory Board has recommended approval to you unanimously. You may remember that this property has been subject of this project for a long time, and this is the actual project which is coming to . your consideration today. MayorSuarez: There is, there are... Commissioner De Yurre. Mr. Mayor. _ ' Su ., Mayorarez: Yes? Commissioner De Yurre: Let me mention one thing before we get started. I 'Mayor Suarez: Commissioner De Yurre. Commissioner.. De Yurre: And this may get me another story in the paper tanoreow,. -but -.I've: -just, been handed this late afternoon some numbers. on this project. Nobody has come to see- me on this issue to explain to; me -the number's,:. to:explain': o me the'concept, and unless.I'm totally satisfied during his .: process :'here. -today, I'm goi ng ;-to ; be: asking ..again ;for a deferral on, this item ur�til=.L'm satisfied that I can vote intelligently one way or another on his: matter. Just for the record. {{}[ Vice Mayor Plummer: Mr.'Mayor.:� MayorSuarez: Vice�MayorPlummer. VJce'Mayor Plummer: ...some of the people to see me expressed that they GT tfi ih' vef had seen any facts or figures, and- I told them, don't Peel bad#, , ;no' ioi-ther had h, and especially numbers that would relate to what the cost `: know to i tactvrs are of ahe houses, of the x total picture: Now, I . defer.;+ s lweystnot' thellbest .thing in the world, but I think that this Commission,; in ,3 well ;: ail people concerned, have the right to have the information. Arid I k `rG thi l�`in phi nC6maia3i6n1,s tradit1on',we�have asked the department to pleasa go _hack .`arid v have'a townhall meeting with the people,, as wet1 as individual i:tlAgsith`nbers ot'this Commission. I've realised that, you know* some k s t n+ers that- they; asked n+e about, that you're. never going to get .those lf> aih prttii3 you have an R' t+a have contrbctors come in and make bids to as i surely, I think as ComrnissiQner_ Qe Yurre has hrastt . it_-1�1a<$.,'�Qing to Y .b�Llt a aak .,this on�mi.ssi4n to vote on .the ;specifics; of=: r Who ritllout.havlii the facts think is wrong. 1 just have to;e*Press that, r t issiner QmwkinssK, iI�iUld bus like t4 say it's ameing.,.. h i �- k t � �• 133 aril 25R 1#01 tt � jtr �a a n i vy f> irtkr�xt l 2 r a _ (Y �fid54� X3 I •- � i #` Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: It's amazing that everyone say they don't know anything about this, when on February 12, 1987, the City Commission instructed administrators to hold a townhall meeting to insure private citizens' input Into the proposed housing project which calls for the development of forty townhouse units on the parcel. March, 1987, two public meetings held in Coconut Grove neighborhood for the purpose of obtaining public input in the development of affordable housing on the St. Hugh Oak site. These groups and individuals represented overwhelmingly rejected townhomes on the site, recommended single family homes. September, 1988, two meetings held during month of September, 1988, with Coconut Grove neighborhood organizations and residents for the purpose of discussing the proposal to develop 30 new single family detached homes on the St. Hugh parcel. The overall sentiment and consensus of those individuals in attendance was positive and favorable related to the development of 30 single family homes on the property. January the 10th, 1990, update on the St. Hugh's housing project by the City staff of the Coconut Grove Community Development block grant neighborhood meeting. March 26, 1990, update on the St. Hugh's Oaks housing project at Coconut Grove Human Resource Center with Coconut Grove homeowners and tenant associations. March 18, 1991, update on the housing. And now to tell me that we don't know anything about it, is just beyond me. (APPLAUSE) Vice Mayor Plummer: To answer my colleague, each and every one of the dates that you mentioned was a different scenario. From 48 units to forty. And the last, as I heard you mention, 30 and it's my understanding today before us 28. Now, all I'm saying to you is I think I have a right to know that if, in fact, one of the major objections that has been stated, rightfully or wrongfully, is that they would prefer to see 18 single family residences as opposed to the PUD of 28, what is the difference in price of the housing? And nobody has been able to answer that. Are you talking about $90,000 homes, if it's a PUD. Are they a hundred and thirty, forty, fifty thousand, if they're single family residences? I don't know that and nobody has been able to answer that for me. So those are the kind of questions to my "Blue Brother" that in fact I -think that I have a right to know. I think we have a right to know about all of the rest of the factors, if it's to go a PUD. How would the property.be titled? What are the reverter clauses? As we did today with the Melrose site. It's in some fashion the same way, and I think that we spent better than an hour this morning discussing the Melrose site... Commissioner Dawkins: OK, the only thing I say, J.L., I agree with you. And 'I .,am in favor of your having any information you need to vote intelligently. But .:it's amazing that we've been talking about this for three years, and as 'many-black'folks been down here as you see white folks, and at that time nobody was concerned., But you see all the white folks now tonight, and now all of.a.sudden everybody wants to back off and do something different. (APPLAUSE) Vice :Mayor Plummer: Commissioner Dawkins, again, for the record, without mentioning, any names, two people came to see me and it was as you said, very obvious,one;was white and one was black and they were both in opposition. Just=for the record (APPLAUSE' `Mayor�Suarez: OK, we have technically a - I think you stated a motion, have You? -to continue..; -:F Commissioner De Yurre: No, I haven't stated any motion. I'm just saying... Commissioner Dawkins: J.L. made the motion. ►ice Mayor Plummer: No, I'didn't make A motion, C lissioner De Yurre: No, we just stated, we made statements for the record. .. Mayor: Suarez: Nobody's made +a motion. All right, so I take it back. 134 April 250 1991 Vice Mayor Plummer: No, no, no.... Mayor Suarez: We have no motion before us. Vice Mayor Plummer: No, Mr. Mayor, I'm willing to sit here for the time if necessary. You want to do it tonight, to get all that information, if that's available, and can be done tonight. I have no problem. Mayor Suarez: I was just trying to state where we were procedurally. Commissioner De Yurre: You know, the thing is, Mr. Mayor, for example, we even in our packet here, this is the first time I see the layout of the 28 units. Now, we have to absorb this which I think is a significant project that's going to impact in our community. We have to absorb this in the next "X" number of minutes or next hour or whatever. And I don't think it's right. You know, I think I have to make that statement. You know, we have to have as much information as we can have available, and I'll tell you right now, I'm leaning towards the 28 units. So that's not the issue. But we have to have the numbers as to, you know, the right thing to do. And if listening in, I -_ can have a better indication, I'd rather have it where I'm not under pressure having to make a decision that may be a hasty decision, which I don't like to make. And I think that we need to have a procedure as to how we go about these things where we don't get stories in the paper like I did this morning. And we were able to work things out in the right fashion. Mayor Suarez: OK, then, as to the Commission, before we get into the merits of it. Is there any motion to continue or defer, or are you just suggesting that you want to make sure you get all this information before you're ready to vote? Commissioner De Yurre: Well, I'm ready to go. Let's proceed with this, but if throughout the process at the end of it, I'm still not satisfied, I'm going to ask for a deferral. That's basically where I'm at. Mayor Suarez: Kind of wish you'd do it at the beginning of the discussion, but... Commissioner De Yurre: Well, my questions may be answered. Mayor Suarez: All right. In any event, I'll tell you I'll vote against your motion at the beginning or at the end on deferral, because I think we know a _ lot about what's going to be going on there, but I have to admit I've been on this Commission a little bit longer, so maybe I'm just more familiar with the project. In any event, in the expectation that some of the questions will be answered, even if it takes a little longer, it's obviously something that has brought a lot of interest in the community on both sides. I don't think it has anything to do with race whatsoever. I think it has to do with what is the most desirable thing for that area, and I'm kind of inclined in one particular direction, but I'd like to hear both sides as is fair to do. So, r how many people are interested in speaking in favor of the applicants - which the .applicant I in this case is the City of Miami Housing and Conservation Agency - and are you organized and represented? I know the association, I }} think, 1s supportive although I've read some things that the vote may or may 1 E. not have been unanimous. How many people are anticipating speaking in favor of the application? Or in favor of the, I guess, 28 units? Raise your hand if you would. And how many are interested in speaking against? And are you organized so that we can hear from a certain number and not every single one? You are.- OK, as to those that are going to actually speak in representation of the entire group on both sides, please raise your right hand and be sworn in,- Both sides, Mary, you need your group too. All right. Madam City Clerk, ;.. would you swear them in. s. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0. ' tall TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. +or.$uarez; ..Like any other planning and zoning matter, the arguments after �h a. ;while get repetitive. The Code prescribes two minutes. That is what we must give you if you request to speak. If you organize your group and try tp sprt of cooperate on time, you know, the principal presenters can get longer tiMOA sQ if you would identify the principal presenters on either side, we can 9tve you a few more minutes, perhaps five, and then don't be repetitive z aft 'or because then I'll start holding you totwo minutes so we can finish 135 April 25. 1991 JAL F this i a reasonable amount of time altogether. So the applicant goad first. Actually, the applicant is the City. Do you want to put into the record the City's recommendation and our posture on it, Jeff or Sergio y Guillermo? Mr. Olmedillo: I did, but for the record, the Planning Department recommends approval. The Planning Advisory Board recommended approval on a seven zero vote. Vice Mayor Plummer: Now, let's hear from the Housing Department. Mayor Suarez: Does housing need to make a statement relevant to the desirability of this from our standpoint? Mr. Jeff Hepburn: Yes, we also recommend approval of this particular item. We've been working on it for about the last three or four years and we'd like to see this project move forward. Mayor Suarez: Do you want to make any representations as to the expected cost of the units or the affordability or anything related to Commissioner De Yurre's concerns, Jeff? -are you in a position to do that? ■ i ■ Mr. Hepburn: I'm not sure exactly the concerns, Commissioner. Mayor Suarez: OK. Commissioner De Yurre: Start from the beginning. i Mr. Hepburn: Well, basically this property was bought in 1986 and... Mayor Suarez: No, I don't think he means the history. i Mr. Hepburn: dust to give you an example, we have developed homes under this particular program in other neighborhoods like Model City and Wynwood and R Allapattah. Basically what we do, once we get a contract that we start our marketing process. We advertise in the paper, we put a sign up 1n front of the particular lot that's going to be developed. We sometimes use public service announcements. And basically, it travels by word of mouth. t Commissioner De Yurre: You know, this morning one of the issues that we had was that, how could we keep the people that were to purchase at Melrose between that income of sixteen thousand to twenty-nine thousand? And the only reason that it was done - if I remember correctly - was because the surtax money was being used that required that people be within those limitations. What - and the reason was if there wasn't any surtax requirement then we couldn't legally hold people to that income to apply only, I mean, like anybody could step in and apply to purchase a piece of property there. Now, can we legally do this and what security do we have that that's the case? Mr. Hepburn: You know, as we move along in the process, we will come to a ?. point where we would come before the Commission to get authorization to market t this particular product. In that resolution, it would spell out the target group that we're talking about. And I'm saying that we're talking about _t median income families. Those families based on 1991... Commissioner De Yurre: I understand who your targeting. The thing is, how can you secure... How can you insure that only those people within that bracket are going to be purchasing these homes? What keeps you from somebody coming in that makes $80,000 a year or ninety from purchasing one of these homes? Mr. Hepburn: What I'm saying is, based on this Commission accepting that marketing policy, then we would have that restriction within the resolution. Commissioner De Yurre: Now, can we do that legally? Linda Kearson, Esq.: We can make that a condition of the MUSP (Major Use Special Permit), that only those persons that meet the certain income guidelines could qualify for these houses. Secondly, we can also have an agreement with the seller that in the event they resell the property within so many years, the City of Miami can recoup some of those proceeds. — Commissioner De Yurre: Then these will not be investment property. Mr. Hepburn: Yes, that will be a way to insure that, you know, they're... Ms. Kearson: That will be a way to insure against investment speculation. - Mr. Hepburn: Exactly. Commissioner Alonso: You have not taken any applications up to this moment? Mr. Hepburn: No, we haven't. What has happened is that we've had a number of meetings with the neighborhoods. They have presented to us a list of persons that were interested.in buying the units. We have maintained that list of names in order to first of all, get an idea of what our market may be. Whether or not, in fact, there is a market for this particular product. But, at the same time, when we kick off our marketing efforts that these people would also be contacted at the same time. Commissioner Alonso: The selection process, will it be first come, first' served? Mr. Hepburn: Based on what we have done in the past, it has been first come, first served. Vice Mayor Plummer: Let me ask you understand, there's 18 buildable tots. family lots are there there? a question. If you were to... as I Is that correct? How many single Commissioner Alonso: eighteen. Mr. Olmedillo: The underlying plat has 18 lots. 137 Vice Mayor Plummert that do to the cost? If you were to build 18 single family homes, what would Mr. Hepburn: The cost for on site.... e �z Commissioner Dawkins: Hold it, hold it, the cost would depend on what Commissioner J.L. Plummer wants in return to the City for the land. Now, J. L. sits here everyday and says that he wants a fair return to the City. So it's obvious that if you're going to sell 28 houses, then you can get "X" dollars. If you're going to sell eighteen, you got to get 112X11. Vice Mayor Plummer: OK, let me ask it then by another way. In the first episode of the PUD (Planned Unit Development), how much from the $90,000 townhouses would the City recoup in its outlay of money to purchase the land? Mr. Hepburn: Based twenty-five thousand back to the City. on our current figures, we're talking about twenty or _ dollars being assessed to that unit for reimbursement Vice Mayor Plummer: So, in that case, it would be... Mr. Hepburn: Twenty-eight times twenty... Vice Mayor Plummer: Twenty-eight times... Mr. Hepburn: ...times twenty thousand. i Vice Mayor Plummer: ...twenty thousand. OK. If, in fact, you were to build 18 single family residences, what would that do to the cost if, in fact, we were to get back the same percentage in return to recoup the cost of acquiring? Mr. Hepburn: Well, it would decrease the level of return that the City would get. Vice Mayor Plummer: Not necessarily would it decrease the return if you, in fact, charged more for the houses, and that's what I'm asking. Is it going to boost the amount? Definitely, it's going to boost the amount. _ Commissioner Alonso:' But it will not be affordable housing. i ' Vice Mayor Plummer: OK. Mayor Suarez: Yes, they were just developing regular housing, which we're not supposed to be doing: Vice Mayor Plumper: In other words, are you then talkin about having a three _ bedroom, two bath that would be $130,000? Would it be 140,000? Yes, I must go back and`ask you first, under the PUD, that is a townhouse concept? Mayor Suarez: Please, please, please. Mr. Hepburn: It's basically developing this as a cluster, somewhat like a condominium. 1 Vice Mayor Plummer: All right, that's cluster. T •_ Mr. Hepburn: Right. Vice Mayor Plummer: OK. Now, what is the square footage of a three bedroom, e two'bath cluster? Mr - We're We're talking about 1,500 square feet. ` F is Vice Myor,Plumner: All right. Fifteen hundred. Now, if you built ig single ffiX family residences at the same equation, what would that do to the cost? It"se very definitely got to raise the cost if the City if' going to get back -the �Y tomie amount of money. * 138'April 5, 1091 c d t Mr, Hepburht It#'in fact, would ihcrease it. Vice Mayor Plurmmert Weil, have you estimated what that cost would be? Mayor Suarez: Yes, roughly one-third it would have to increase the... Mr. Hepburn: the sales price, I would suspect. - f Mayor Suarez: Right. Vice Mayor Plummer: So it would be a hundred and twenty. Is that roughly correct? A third, a third of ninety is thirty. Mayor Suarez: You'd have to get another... Commissioner Alonso: Hundred... Mayor Suarez: ...another yes, if you were getting $20,000 per unit back... Commissioner Alonso: Hundred thousand per unit? Mayor Suarez: ...you'd have to get another $10,000 back per unit. Commissioner Alonso: Ten thousand. Mr. Hepburn: See, the other costs that were not taken into consideration is the on site improvement work also, which is also incorporated. Vice Mayor Plummer: Sir, that's what I'm asking you. You're the professional. What would the cost of a single family residence if 18 of them were built there? Mayor Suarez: Then you would need roughly to charge about $100,000 per unit instead of.ninety. Vice:Mayor,Plumner: Ten thousand more per unit. Mayor Suarez: Let's say ten thousand more, rough. Right. Vice Mayor PI um er: OK. Mayor,, -Suarez: See then you're getting $30,000 per unit times 18 units, which is $540,000 instead of $560,000 before under the other model, which is 28 times awenty. r Vice Mayor,P.lurtmer: All right. What... have you done a survey the homes in the immediate area, are they $90,000 homes, are they $100,000 homes? How much are.. the homes,adjacent to. that particular parcel?' Mr,. Hepburn,: .I haven!t done the survey. I'm not.sure exactly. { } Vice Mayor. Plummer: What would your estimate be? w a Mr, Hepburn: I`wou1d say anywhere from one fifty and up. Vice Mayor Plummer: Youf,re saying one fifty? £� F Mr,* Hepburn: .Yes. �y Yice Mayor Plummer: On Frank)in Avenue, you're sayings.. "` x s h MrR Hepburn; On Franklin, no. On Franklin, probably in theia0'.. gay Vim Mayo Planer; In the 5t1's. So then what you're indicating fir the �rp�a5 t'' tocotd .,13, .that that which is being proposed is inuch s�iperior; to; What ; , : Presently there! zR * y$ 10-9 Hpburnii That is correct. ;7a3 x0or Suarezi QK. We are in the planning and O'�ing item We, Vo dot Some 1400 :,Df the SM t RF�y Jir � �i{ Vice Mayor Plummer: I can't imagine anything in the City for fifty thousand�i.• 7. Mayor Suarez: .iiparameters of the kind of housing we want to build therei Commissioner De Yurre: What are the sizes of the lots right now? i Mayor Suarez: What does it work out to be? Mri Hepburns I think, on the average, it's about 4,900 square feet. Gross? Ms. Elizabeth Plater-Zyberk: Plus. Mr. Hepburn: I think the architect maybe to answer that. Commissioner De Yurre: OK, well let's... Ms. Plater-Zyberk: My name is Elizabeth Plater-Zyberk. I'm an architect with offices at 1023 S.W. 25th Avenue in the City of Miami. And we've been working on this project for quite a while. I think I could speak to some of the those `issues. When you divide the property out by the number of homes by 28 homes, it's over 4,900 square feet per house. It's important to realize several things, because... Commissioner De Yurre: It's not including the street. Ms. Plater-Zyberk: Pardon me? Commissioner De Yurre: It's not including the... I'm talking about the lot. I'm not talking about the street. Ms. Plater-Zyberk: That's including the whole property, including the private street. And I'd like to explain why I'm doing it that... why I'm presenting it that: way." Mayor" Suarez: What you did is there, Elizabeth, you just take a simple division of the total square footage by twenty eight. Ms: Plater-Zyberk: Yes, that's right. Now... Mayor Suarez: OK, he's going to probably want to know about the effect of sortof.:!,:' Ms:'Plater-Zyberk:Lot per house. Mayor Suarez: Yes. Vice Mayor Plummer: Are all of these units three bedroom, two bath? Ms, Plater,Zyberk: They are, 1n fact, `three bedroom, three bath. a . Vice.Mayor Plummer: All of them? L Ms,.Plater=Zyberk: Yes. ` he ' e uniform? Vice Mayor Plummer. T y r r , . . , Ms;. PlaterZyberk: Yes. r •• Vice Mayor Flummer: Three bedroom, three bath. 1'later�lwberk: Yes, and I could give` a very short presentation 'which mijhi'-shortcut some of these questions, if you'd like.¢ T Mayor'''=; uPre: Yost if it's relevant to the planning and zoning aspect of ; whuh wanted to ask SersiA -`what are the criteria we"re pplyln in z deiin whither to have the . -,what i s the technical nee of 1 t, the..°� r Mayor' Fl ummors PUD? � d r dflpoaz� ` tjor use porhit� }.' 140 April 254 toot XXtLitr 4 r v }: -'tT 4q n '• G1 t. , .'''' a =t 1 i fi 3 4 E _r � a i Mayor Suarez; Planned.., Mr. Rodriguez: And basically.,. i Mayor Suarez: The PUD, what do the initials stand for again? Vice Mayor Plummer: Planned unit development. t Mr. Rodriguez: You made the finding that the project is in conformity with the Comprehensive Plan. That it conforms with the zoning ordinance. a Mayor Suarez: Which, so far, I presume, on all of these you've said yes, t right? -planning. Mr. Rodriguez: It is. Right. That we take care of all the aspects like ingress and egress and off street parking and loading, and refuse and service areas and signs and lighting, utilities, drainage, all of the basic things of development. And the effects, potential effects, in the area. The preservation of natural features... Mayor Suarez: The ticklish one is usually whether it adversely affects the area. Mr.,Rodriguez: Right, that's... Mayor Suarez: In other words, compatibility with the neighborhood, et cetera. Mr. Rodriguez: That's basically the one. Mayor Suarez: Affecting the stability or not. All right. Mr. Rodriguez:- And then you continue with all the... in addition to that,, basically I think I covered all of that except for the issue of any other potential adverse effects arising from fire protection and life safety, solid waste°col lection, minority participation and employment, minority contractor and -sub -contractor participation, and so on that will be taken care of by this. - Mayor Suarez: By the way, we've improved over the years. Other PUDs in that - area, have we not? - Mr. Rodriguez:' Right; there was: another one before. _ Mayor Suarez: OK, which one is closest to this one? Mr. Olmedi 1"l o: The site itself had one issued before it was purchased, and here was.one down on 32nd Avenue, 37th Avenue. o Mayor ,Suarez: I'm sorry I interrupted your line of inquiry. Or do :you want to,�have the complete description of what the project will look like and -,try to... Commissioner De Yurre: I want to know... yes, and the idea of how many ®. different models you ehave,, you know, that just... an" idea of the physical s; aspect. of .:the^project.. 1 Plater,-Zyberk: First, of 'Al l,_I think it's Amportant to understand that the r=property_.is unusually shaped, and it only has public two ;r right -of -way, -on short -.sides, of lit. If you look at the map that's on the screen,:Douglas=Road r. fy F raps north=south, up and,down, and Franklin runs east -west, on the short north side 'of it. ao �there'.s a,1arge portion of the 'property which is not RY'=` accessibleby public right-of-way. The thin right-of-way that you see to the F bott+*m, to the south, -i sMarl er Avenue, which ` is not open and. fun ction i no; 43' a -tot.: It i i �< r . - s not paved: t has trees i n i t, and, i n. "Or-oPchments with the fences and yard use of some of the presidents W the . 1 outfi o the , assumption behind this design has all along been they Marler �'�xx` Ail#l#�udo: remain the way that it is, and that the access' to the .intari+Pr. of ilo. ftarerould ha1++ o occur with the addition of a private street sy$teo. t ` hs think if you can put the site plan up on the screen. $o, if you had Marker £ voR o = you t►�rn it:arouhd the"other way so it's as..,? -thank y,�m� If .{ F 4 yop i�sd" slafl erg Avenue as a public right -,of -way, then, in fact, the inj4ri ty , of k s 141ri1tt d { tH`mY R',�{A^ Mid ,��cp %`°y Yv p`�,��•p`` Y� those IS lots would be accessible by public right-of-way. But that's not possible right now. There are two... the property has entering from Douglas, a -street that runs all of the way down the panhandle. If you can point to it on the screen, or else I can walk up to this board in front of me. And then two other.., is this on? Yes. There's one entrance from Douglas Avenue which i runs the length of the panhandle of the property, so to speak, and has a fire turnaround at the end and then it has two exits to Franklin Avenue to the north. There are a number of beautiful trees on the site, and we have identified five of them to be relocated. None of them need to be cut or destroyed, and this site plan is laid out in such a way that we have already received variances, one setback variance in order to avoid one particularly beautiful tree down at this area. There are two different house types. A ton thin house and a short fat house. And the reason or g n f that was in order to give us maximum flexibility in avoiding trees as we laid out the site plan. And also to have maximum variety in the units. The units are made of both house types of a two-story piece and a one-story piece. The one-story piece always has an entry porch which faces the private street, and the living room. And then kitchen, dining, and one bedroom and one bath on the ground floor. And on the second floor, two bedrooms and two baths. The houses will be constructed of masonry, poured concrete, and block with stucco. And we had a number of meetings about the image with the neighbors, who chose one with deep overhangs, tiled roofs, and, of course, the colors are not finally settled yet, but we're showing them in a kind of a Spanish style cream. This Is a plan of the short fat one, which also has a porch and a living room as a one- story piece, and then dining, kitchen, bedroom and bathroom on the first floor. And then two bedrooms and two baths on the second floor. The houses are sited on the site plan sometimes facing the one direction to the street, and sometimes the other. In both cases, the porch being on the corner, the porch would be facing the street. But that allows them to appear, in effect, each house, as two different houses. And I think that's probably a good... Mayor Suarez: That's good, because that completes a rough span of time allocated to the principal speakers, and you are in a position of being supportive, obviously, as designer of the proposed units. Anyone else on the... oh, any other questions from the Commission, of the speaker, if not, anyone else on the supportive side, and then we'll go to those who are in opposition. Commissioner De Yurre: I still need to know... Mayon Suarez: Yes. Commissioner De Yurre: ...what the size of the lots are. It hasn't been } answered yet. Mayor Suarez: Can you answer the question in terms of what the lots - if you can actually define what a lot is, 1n this case for a PUD - it's not all that easy, I guess. Ms. Plater-Zyberk: Yes. Each of the houses has, including its two parking spaces - in fact, it only needs a portion of its two parking spaces so they don't take up a lot of the lot - each of these houses has at least 3,000 aquare.1eet directly allotted to the house. Mayor Suarez: - They're not standard. Some are a little bit more, some are a little bit Less, so that there are at least 3,000 going up to....? Ms.:Plater-Zyberk: No, at least 3,000. Some of them are a bit more, and it is our intention to allow fencing to the back of the front of the house. So there would be no fences out front, but people could control the backyards. } Commissioner De Yurre: How much backyard do you have on the average? Ms. Plater-Zyberk Except for one house which is fifteen feet away from the property line, they all conform to the requirement of 20 feet, Is it twenty Mayor Suarez: And the typical width so that he gets some idea of the area that wage -talking about. MR Plater- ybork, Of the lot? Fifty feet. 142 April 25, 1991 { �.y �,,y, • n. 00 myor Suarez: 5o in that case it Would be... Ms. Plater-Zyberk: Some of them go to sixty. Mayor Suarez: ...a thousand square feet - Commissioner no Yurre: j Roughly? So what is it? Like a 20... like 60 x 60 kind of lot? Ms. Plater-Zyberk: Yes. They're not all exactly that, but they all come out to be at least 3,000 square feet. Mr. Rodriguez: Why would you clarify that that is not exactly a lot? Mayor Suarez: That's what I wanted to put on the record or not. Mr. Rodriguez: Because I think I don't want you to be mislead into thinking that each person was going to have exactly a lot. It's an area per unit, because all of this is going to be held in common ownership, except for the footprint of the building. Mayor Suarez: It's kind of a quasi -condominium, but really cooperative, et cetera. Ms. Plater-Zyberk: This is a common form of common property ownership with private usage of the area around the house which occurs throughout Dade County, and particularly in the newer areas to the west. Mayor Suarez: OK. Anything.. supporters, please, and then we go to opponents. Just so we keep... or it doesn't really matter actually, but I do want to hear from all the principal supporters and then the principal 4 opponents and then we can go back and forth until we finish up. ! Ms. Mary Weber: Good evening, Mr. Mayor, fellow Commissioners, my name is Mary Weber and I live at 3900 E1 Prado BouSvard in Coconut Grove. I'm representing as the president of the Coconut Grove Civic Club this evening. First I'd like to remind the Commissioners and Mr. Mayor as well, that the issue here tonight is the major use special exception permit. That is what is .;! on your agenda. And my question is, can the City legally do this? Vice Mayor Plummer: Hello? Ms. Kearson: Legally do what? Ms. Weber: Can you grant a special exception major use permit on this R property?- Ms.,Kearson:; Yes. Ms. Weber: Thank you. My second question is, does it meet the necessary criteriafor a:major use special exception permit? Ms,-;Kearson: Yes, Ms. Webers :. Thank you. I'd like` to point out that in reading the editorial a , page today in: he Miami Herald, I observed a serious mistake in stating that property #& zoned for I8 houses. In fact, according to the Code, your ■ Code, City of Miami, under single family zoning, one is allowed nine units per. ;i each 'acre, *` Ma�yor_Suarez; You found:a mistake 1n the Miami Herald? (Tape 12) Dumbfounded by this concept. 1is,.Weber I don't need to remind everybody here the property in question is, Y 3.16 acres. That means 27 houses would be perfectly legal under your Code, ii-- AA /�(J] 1 5 {} Yice,.-M pl tmerl, If replatted, If replatted in single family tots, you' oulam egnt of single family lotst is that corrects° r l�r+,. lat Ilo. You could put in; 3.6 acres, you would have to divide it'h �3 h1 b a f you , were to :replan you would have to replat to 5sQ0Q and this is a i 143 Agri 1 Us 1991 ' ar r mow= } i 5' why this particular project went to the planned development which doesn't have . to comply to the minimum 5,000 square foot. Vice Mayor Mummer: I understand that. OK. } Ms. Weber: in relation to that, may I ask what the specific standards are to be met under this zoning? Mayor Suarez: I thought we went over that. Mr. Rodriguez: I believe that right down on the record, and they're part of the resolution. Mayor Suarez: We've got that spread on the record pretty well, Mary. So if you want to delve into any part of it, please do. All within four minutes. Ms. Weber: The Civic Club board last night voted unanimously to support the development of the 5t. Hugh Oaks property as affordable housing. In addition, + we would want to see more open space and a less dense development than what has been proposed by the City. As president of the Coconut Grove Civic Club I have faith in you, Mr. Mayor and fellow Commissioners, that you will make the best decisions regarding this project as a whole. Vice Mayor Plummer: Wait a minute, Mary, I'm confused. You support this project, but not this proposal? You support a PUD, but not this amount of i density that is proposed here today? I missed something. Ms. Weber: We support the project the way that City has presented it. Vice Mayor.Plummer: This particular... Ms. Weber: Yes. Vice Mayor Plummer: OK. = Ms. Weber: However, we would prefer less density. Vice Mayor Plummer: But you would accept it as it is... = Ms. Weber:: Yes. Vice Mayor Plummer: ...but you would prefer the other. OK. - Ms: Weber: Yes. Vice Mayor ;Plummer: Then I understand that. 9. Mayor Suarez: That's an:interesting way to phrase it. All right; anyone else on.the.supporting side and before we get to the opposition side? Mr. Mariano. Cruz: May Suarez, I am supporting it too. Mayor Suarez:', OK, Mariano. 3 Mr. Cruz: My name is Mariano J. Cruz, one... xf Commissioner Dawkins: Pull'the mike up....3 Mr. Cruz: one, two, two, seven N.W. 26th Street.F4 i a t Mayor Suarers The ubiquitous Mariano Cruz, yes. Cruz. Right., And I am speaking in favor of affordable housing basest on } � 41 e o Sg rez; You -do live in the City of Miami? it , ,• .,. Mr4lFt0z; ..,,.ojn,.iny ezpedonce, affordable housing. You're out of order now. Airfofdabl6 housing... I have the floor. rgie�iro: sooner or ltar ho had to say that to me After 411 thaso y afS of Uttl U19 It out. K` N 144 April 19�1 fy.'i}` y�Q4t Y Mr. Cruz: Affordable housing, public housing, affordable housing. Nett to my house, I live at 1227 26th Street, on the lot next door there was a vacant house... Mayor Suarez: That's N.W. 22nd. Mr. Cruz: ...that became a crack house for many years, and I went to the City. I went to Jerry Gerreaux in Housing, finally the house was torn down, razed, and the City bought the lot and they built affordable housing there. And the person that built... the City built that, was the Department of Development, and the person that bought the house, Mrs. Ruth Times, she was former a renter, and she is working for her degree in nursing. She's a black person from the island, and she is an asset to the neighborhood, the house and the family that move in there. Before, she was paying more rent that she's paying for the house. And her house looks a lot better than my home next door to it. So, my experience with affordable... Mayor Suarez: Are you bragging or complaining? Mr. Cruz: I wish that the City has done that 20-30 years ago. And now after saying that, I'm going to quote here. Let me see what they say here, "...another of the top priority of this administration is housing. An area in which we have set forth many initiatives to provide within the shortest possible time period housing for the working poor, with the City in the role of developer and funding obtained from both the private and public sectors." And then we come here to, "...our neighborhoods, housing and the housing needs of the City, low and moderate income residents are being addressed through several initiatives designed to accelerate delivery of the requisite units expediently as possible. One major steps taken by the City was the creation of the new Housing Conservation and Development Agency. They're doing a good job. That was organized with the staff of the former Housing Division of the Department of Community Development. Those are not my words. These are from Mayor Suarez report. So, you know... I would like to see some... Vice Mayor Plummer: 1981. Mr. Cruz: Right, or whatever. Something done... Mayor Suarez: There's some saying about, you have to watch out about what you say, you may someday have to eat what you say, or something... Commissioner Aionso: What are you trying to say was... Vice Mayor Plummer: And I don't think anybody making $50,000 today isnotthe working poor. Mayor Suarez: That would be a tough fit to make. Yes, all right, thank you, Mariano. Mr. Cruz: Oh, that's all. Thank you. Mayor Suarez: All right, sir, quickly now. We've got two minutes per speaker.' Vice Mayor Plummer: Is Mary Weber still here? = Ms. Weber: Yes. � y Mary, just for m edification, when Vice..- Mayor Plummer: y you said s m .less density, that proposed is 28 units, did your board recommend how many less? :. They just said less, but they didn't say how much. Mayor Suarez: The answer is no, for the record. MS.'Weber: we're leaving that to your wise decision. f=T a►yor Suarez: Infinite wisdom. Thank you. Yes, Vice Mayor Plummer: Ohhhhhhhl t 145 April 25, 1991 OEM Na O t. Ms. Ivonne McDonald! My name is Ivonne McDonald, and I'm speaking on behalf of the Coconut Drove Homeowners and Tenants Association. But before I start, I'd just like to mention that we do have the support of many other organizations in our community, and most of the people are here to speak for themselves tonight. However, Mr. Hafey Krech, who is the chairman of the board of Coconut Grove Cares, has given me his full endorsement. He backs this project one hundred percent. Mr. Ray Founteroy, who is the president of the SELC, has stated that he is in favor of this development as the City has planned it. Also, we have the LDC from Coconut Grove, the CAA, GUTS, and also the Franklin Park Neighborhood Association, who is the original group that spearheaded the fight against overdevelopment in Coconut Grove. It 1s obvious that some people are more concerned about the value of property than about the value of human lives. The Franklin Park Neighborhood Association and the Coconut Grove Homeowners and Tenants Association have been at the forefront and have spearheaded the efforts to prevent overdevelopment in the Coconut Grove neighborhood on Franklin Avenue and Marler Avenue. I was recently quoted in the paper today as stating that I think that what's behind this 1s a lot of racism and bigotry. Let me just state for you right here, plain and clear, that over ten years ago, I was quoted in The Neighbors and this is what I said. "We do not think that this is a racial issue because it is not." Not one person from the St. Hugh's Catholic Church, the school, or the marinas - the original people who bought this property to develop it - took into consideration our consideration what we, the neighbors of Franklin Avenue wanted to see developed on this property. We fought the marinas in 1981, and just to let those of you who are opposed to this project tonight know, that most of the Commissioners who are on the Commission tonight, of course, were not there in 1981. Some of them are. And for some Commissioners to state that this is about the first time that they heard about this project is appalling to me. Because I know my son was nine years old when I heard about it. And now he's twenty. So, I know that this has been a project that has been in the works for ten years. But I have with me articles from the Miami Herald that were written at that time, and I would really like for you to know that we are not for overdevelopment in the Grove. The objectives of the Coconut Grove Homeowners and Tenants Association and the Franklin Park Neighborhood Association has always been, as we stated from day one, single I family housing. The cost of the houses was never an issue. The number of E houses that could legally be put on the property was never an issue. The f issue was that if you would go back and read the articles that were originally written, the marinas wanted to put 57 townhouses on that property. They wanted to put - at that time when we fought against the 57, the Commissioners voted in favor to leave the property single family. Then they developed a plan to put 26 duplexes and seven single family houses which would be fronting l Franklin Avenue. We said, no. We fought against that. And the final decision, when the City bought the property in 1986, and when they bought it claiming that they wanted to put affordable houses where the homes would be $90,000, of course, our association was elated, and we were in favor of it. And so to state that we are opposed to overdevelopment is out of the question. I would just like to state that we have been working hard for the last ten years to see this property developed. And I would like to pose this question to those of you who are opposed to the project tonight. Are you really so concerned about the density? Or are you really concerned about the number of houses that are going to be put on that property? Or are you really concerned about the people who might be living in them? If you would examine Loquat, the street that is directly behind Marler Avenue, the density on that street is by far more dense than the proposed density for this project. So we say to you tonight, Commissioners, don't delay on this project again. We have been waiting for ten years. And if you can't make a decision tonight to put the 28 houses, our position is we want single family homes. We would leave.it up to your. discretion to decide whether or not you want to put 28 or less. But don't delay the project any more. We have been shown plans and for some neighbors to say that they have not been advised, I think is absurd, when numerous articles have been written, as Commissioner Miller Dawkins has stated tonight. There is no excuse. So we ask you, the Mayor, the Commissioners of Miami, you know, think more about what is right for the people. Think more about what is right for the majority. The Grove is not just the place for rich white people. And it's not just a place for poor black people. The Grove is a place for... Mayor Suarez: OK. Wrap up please, Ivonne. Ms, McDonald: ...single, for middle class blacks, middle class whites, and r anybody else who wants to live in the Grove. And so we urge you to vote in 146 April 25, 1991 favor of this tonight and not tot the hard work of the people who have really been at the forefront against overdevelopment go to waste. Thank you. Mayor Suarez: All right, thank you for your statement. Ma'am. Ms. Fredricka Brown: Yes. My name is Fredricka Brown. I live at 3646 Franklin Avenue. I am one of those that have been coming down to the Commission meetings for the past 10 years. I'm also a chairperson of CAA and CD, Coconut Grove Development. I ask the Commissioners to think about this project. I know that you have in the past. Like Ivonne has said, this is an ongoing project. We have been down here on a numerous time asking for this project to take effect. And we have been deferred that many times, because of some issue that has come up with neighbors. I think most of the neighbors that are living in the area are new neighbors. If they said that they were never called together, they are new in the neighborhood. Because Mr. Marina, as Ivonne has said, came out to all the neighbors and we got together in the St. Hugh's building which was then a school. All the neighbors got together and we decided then that we wanted 30 single family homes. You cut the number of homes down to now 28. And now you want 18. And now you're talking about going out of the price range. When we decided on the homes we were considering young, black buyers, prospective buyers, coming back into the neighborhood and buying one of these affordable homes. I brought my daughter and my family tonight because my daughter lives in another neighborhood. But she's interested in coming back to Coconut Grove. Most of the homes in the Grove are not affordable to us on the other end of the side. I hear these neighbors complaining right down on Douglas, the DeGarmo property, and then they talk about density. The only thing they talked about the removal of trees. Here you're not going to remove trees and nothing is said about that. You're saying that the density. I don't really think it is. And you're talking about traffic. Every morning I'm faced with traffic going to St. Hugh's Catholic School, and I don't think there are too many blacks going to that school. I was living there when the school was in operation, and there was traffic then, and we didn't come up here and complain about traffic. I think these are little incidental things that they're trying to bring up to say they don't want these homes there. Commissioners, I beg you, with all sincerity, from the depths of our hearts. I would like to answer Commissioner Plumaer's-question when he said, what is the price range of the neighborhood homes? My house runs from $70,000 and I've been living there for 30 years. And it's another trend that black folks, we buy a home... Mayor Suarez: Can you wrap up? Ms. Brown: Yes. We buy... All right. Mayor Suarez: You've given us a survey of the history and the geography of the neighborhood, but we need you to make the basic point. It's getting repetitive on both sides. Ms..Brown: OK,.I would like for the Commissioners to approve of the City Plar for these homes. Mayor Suarez: OK, thank you, ma'am. Bruce. Mr. Bruce.Berckmans, Jr.: Thank you. My name is Bruce Berckmans, Jr. I live at-3941 Midway Street, about a mile south of the proposed development. And my wife and 1 1personally favor this development. We've favored it ever since it's been in the mill. And the current proposal by the City is entirely acceptable and we favor It. I'd also like to read letters from two of -our neighbors,who couldn't be with us tonight. This is from Mr. Robert A. Duval who lives"at,3623 Royal Palm Avenue just south of the proposed site. And he says: "pear Mayor Suarez and members of the City Commission. My wife and I are residents of the South Grove and I am writing to express our concern about the manner in which a petition in opposition to the St. Nugh's Oak development was circulated in our neighborhood, Like many residents of the Grove, my wife and I are adamantly opposed to the ever increasing density of development which results whenever small quaint homes and trees are replaced with two, -story, five bedroom homes that are squeezed into 50 foot lots. Unfortunately, it has been our experience that those who were soliciting signatures for their petition in opposition to the St. Hugh's Oak development have unfairly used this prevalent anti.. 147 April 25, 1991 development sentiment for their own questionable purposes. When the petition was presented to my wife, she was told that the density was being increased because the City had paid too much for the property. She was also advised that the increased density would adversely affect property values. More important, she was left with the clear impression that the black community also opposed the proposed increase in density. She signed the petition. A short time later, I arrived home and we discussed the petition. When I told her that it was my understanding that a majority of the black community was in favor of increasing the density of the development, she was surprised and felt she had been mislead. I walked down the street and discussed the matter with the man who had obtained my wife's signature. After informing him of my understanding that the black community favored the increase in density and that this was the community that would be most directly impacted by the project, I asked the basis of his interest in the development. He responded that the homes to be constructed were not just for quote, colored, that whites could also live there. I observed that whites were also free to purchase homes anywhere else in the Grove. Needless to say..." Mayor Suarez: And in the City, anywhere in the City. Mr. Berckmans: "Needless to say, the purported interest of the petitioners in the prospective white neighborhood living in this development is less than substantial. Instead I was left with the distinct impression that this man was spurred into civic action not so much by his concern for prospective white neighbors as by his concern..." Mayor Suarez: You're reading from a letter by? Mr. Berckmans: By Robert A. Duval. Mayor Suarez: He's not here and, you know, we're getting again into the... Mr. Berckmans: OK. Mayor Suarez: ...sort of the motives of people who oppose it and Bruce, you're not even giving us your particular views. We're more interested in your views. Do you support it? Mr. Berckmans: I support it. We need it. We got to have it. We're happy_to have that in our neighborhood. Mayor Suarez: All right, and the letter can be introduced into the record. Let it speak for itself as to the allegations, et cetera. Rev. Alphonso Jackson: My name is Reverend Alphonso Jackson, pastor of the St. James Baptist Church. It sits on the corner of 3500 Charles Avenue in the Grove. Not really to add on to what has already been said because the point really hasbeen well made. I stand tonight in behalf, not only of the St. James Baptist Church, but many of the pastors in the area. We do have an alliance.of ministers and pastors in Coconut Grove. They all could not be here tonight, but they all pledged their support and we just stand to say that we support development on the corner of Franklin Avenue. Mayor Suarez: Thank you, Reverend, and if you have anything in writing to that effect from the other Reverends, we'll introduce that into the record and before 1-forget, we have Nova University professor with a supportive letter and i've got, and I will introduce into the record, another letter with substantial attachments in opposition. Both of these will also be introduced into the record. Ma'am, quickly. Ns.r Ilisa Ratkin: Yes, my name is Ilisa Batkin, and I'm here to read into the record a letter written by my husband from Nova University. The letter to which you just referred. Mayor Suarez: Is that Michael Burns? Ms. Patkin: Yes. 148 April 25, 1991 ^` Mayor Suarez: Can you paraphrase it, and then we'll introduce the actual letter into the record. Or read one paragraph that may have the most meat to it so that we don't spend all night here reading letters. Ms. 6atkin "One of the saddest commentaries about life in America today is that nearly four decades after the Supreme Court mandated school desegregation, and nearly three decades after the passage of the 1964 Civil Rights Act, we continue to live in a largely segregated society. The demarcations between the black Grove and the white Grove remain as clear as ever. Life in an economically and racially segregated world is not the kind of picture I want to pass on to my children. Nor is it the kind of parochial environment I want them to experience growing up. St. Hugh's Oaks is a project which can begin to bring our communities together, and while I cannot speak for residents of the black Grove I would imagine that they would welcome a planned development which would attract the black middle class." Mayor Suarez: OK, thank you. Ms. Batkin: Just one more point of my own. Again, the line of demarcation between the black Grove and white Grove is quite repugnant. Please vote in favor of this resolution to begin to erase this terrifying example of apartheid in Coconut Grove. (APPLAUSE) Mayor Suarez: Please. Ms. Julia Hafidh: My name is Julia Hafidh. I live adjacent to the property, 3646 Franklin Avenue, and I'm here tonight to say that I believe that this issue is a black and white issue. And the way I feel about it is that if the people to the south side of Franklin Avenue do not want to be affected by the homes that are being built, let them put up walls just like they put up in East Berlin, just like they have on Marler Avenue, and they won't have to witness what's going on on the other side. Now, I don't know who will be — purchasing these properties, whether they be black or white, but I feel that - the amount of land there can comfortably hold the amount of houses that are being built. In fact, today I took a trip to Loquat which is directly in back of Franklin Avenue, because I remember some time ago I was over there and in a cottage ,-over there, and I remember that the cottage was on less density than the.homes-that are plan to be built in this area. In fact, there are eight cottages directly in back of the property on less density land than the houses that are -planned to be built on this property. Now I'd like to know what's the difference? Mayor.Suarez: Simple answer from Planning Director, Assistant City Manager, and a few other things. If there is such a simple answer. If not, we'll assume it's a rhetorical question. Yes? Mr., Rodriguez:- I don't have an answer. ! Mayor Suarez:, All right, no simple answer. Ms. Hafidh: Thank you. t Mayor Suarez: Maybe there is no answer, ma'am. Mr. Carlos Diaz: Hello, my name is Carlos Diaz. I live at 3701 Kumquat, y9; f= directly across the proposed project. I want to say that I'm in favor of new. r construction, but I'm not in favor of the current 28 homes. The reason t being... ;^ Mayor Suarez: Now we've slipped into the opposition here very... s` Mr. Diaz; I paid $89,000 for my property a year ago in total disrepair. And... Mayor Suarez; How much did you pay? t 149 April 25, 1991 pt6 F Mr. Mats Eighty-nine thousand. In total disrepair. And the tax assessed value now is a hundred and thirty-four, But I can't get that amount if i do decide to sell it. Out the point is... Mayor Suarez.- That's what you always want to tell the tax appraiser, you know. If you think it's worth that much, why don't you buy it from me? Mr. Diaz: But the point is, if they build that many homes, someone can buy a home for less money, and it's just not right. That they should do something according to the scale of the neighborhood. If they're so concerned about black and white, -which is nothing to do with racism, why don't they build more properties on the DeGarmo estates which is just a few blocks down on Douglas? They could put ten, fifteen homes there. But they chose not to. They chose to build a smaller amount. I say we scale down the project and make everybody happy. It doesn't have to be eighteen, it could be twenty, or twenty-two, something that would average out, so that no one is really losing and everyone gets a fair shake. Thank you. Mayor Suarez: Thank you. Any... (APPLAUSE) Mayor Suarez: Please. Quickly. Ms. Janet Ferguson: I'm Janet Ferguson, I live at 3911 Crawford Avenue, and I'll be brief. I know that Coconut Grove is going to continue to develop. Miami is developing, and Coconut Grove has property pressures and economic pressures. There are pressures on that parcel of land. I think the proposed project is very intelligent and we need intelligent development in the Grove. I happen to know that Elizabeth Plater-Zyberk has an international reputation for her town planning. She always does designs that keep the natural beauty as much as possible, and esthetic... Mayor Suarez: What about Duany? -nobody mentions him. Ms. Ferguson: I'm talking about Elizabeth, she's here. Mayor Suarez: Ahl •_ Commissioner Alonso: Him too, let's say good work for him too. = Ms. Ferguson: Well, OK, we'll acknowledge him as well. I know that she is preserving the natural beauty and the trees as much as possible, and she's doing everything she can to create an atmosphere of neighborhood in that parcel of -land. And I think natural beauty and a sense of neighborhood and also diversity are three qualities that are very valued in the Grove and this proposal- does as much as anything I've ever seen to further those three qualities. I also want to address the fact that throughout this area, there are mini 'neighborhoods, little clusters of houses. I know for a fact that there are two on Kumquat and Loquat. There are many throughout Coral Gables Where.: there, are acluster of houses built around common ground or at least commonly viewed property. It's an accepted use of land. It's a popular use of. land'. and it's ;an intelligent use in an area where there are economic pressures to put more houses in a smaller area. And I think this is a very nicely developed°project, and we should approve it as quickly as possible. Mayor Suarez: Thank you. Other... (APPLAUSE)` Mayon Suarez: I. was going to say, other opponents. �t �,... - Mr,,.Davld�Alexander: No, Mr. Mayon, I was asked by my board to appear before you this evening, Mayor Suarez: David Alexander, Coconut Grove LDC. Mr. Alexander:. My name is David Alexander, executive director, Coconut Grove � Local Develo ent Corporation. Good evening, Mr. Mayor, Commissioners, ladies m Y- � �' end 9entlesmen. Mayo.r1uardz: Save the salutations, get on with the point. a{ ISO April 25, 1991 Mr. Alexander: Well, I stand before you as a strong supporter of this project. The Commission may recall that we came to you several years ago and made a proposal for actually the 40 units that were approved for the previous developer. And my board of directors has asked me to inform you that they are one hundred percent behind the 28 units. That we think that this development is not overbuilt. That it will, in fact, benefit our community because we have lost close to 60 percent of our population over the past twenty years. And we think that single family moderate income housing is what this community needs to build its tax base and to help the businesses on Grand Avenue. My last comment, Mr. Mayor, would be I wish that the ladies and gentlemen who are — _ here to protect what they think is a threat to their property values would also consider working long and hard to help us rebuild the black community. Thank you very much. Mayor Suarez: All right. Other opponents. Principal speakers on the opposition side. How many would you say make the basic presentation? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: OK, all right. Give you five minutes and then... — Vice Mayor Plummer: I didn't realize two of us were gone. I was going to go to the bathroom, but then we don't have a quorum. Mayor Suarez: ...two minutes for the supporting speakers. Mr. Louis Wechsler: Is this a recess or are we....? Mayor Suarez: You got them... Vice.Mayor Plummer: I started to go to the bathroom, but realized that if I did, there would not be a quorum. So I'm hoping the one comes back very quickly. Oh, you're here? I'll be right back. Mayor Suarez: Thank you. We got four out of five. I'll tell you what, I... Mr. Wechsler: Wait a minute, can I have to say*go in the ? Commissioner Alonso: No, just that you stay around. Mayor Suarez: I testified before Congress a couple of weeks ago, and in a committee that was handling the hearing, after a while it was just the chairperson, so, you know, but we have to have a quorum. Maybe I was boring, I don't know, go ahead. Mr. Wechsler:Do you have a quorum? You have a quorum. Mayon Suarez: Yes, we have definitely a quorum. Commissioner Alonso: Yes, yes. Mr. Wechsler: Oh, oh, wonderful. Mayor Suarez: "We've got 4/5ths of the totality. - f < , Mr. —Wechsler: Well, they have stronger kidneys than I do, I guess. Mayon Suarez: We're at 80 percent. } a: Mr. Wechsler: Mr. Mayor, Commissioners, my name is Louis Wechsler, I'm the president of the South grove Homeowners Association. I reside at 3669 Royal him Avenue, and 21`years ago I came before this Commission to build my house °- on Royal Palm Avenue. At that time, this Commission granted me what'I wanted and ,I raised three boys in 'South Grove. They graduated with some of the s chi Idran who are being bandied about here as this becoming an issue of their #a ;olassmtes. I'd like to see some of their classmates who lure in, as we like o refer to it, as west Grove, come back to Coconut Grove just as much. In �. -fict, that s the reason why we want to have a presentable project that will bs ; ,rdeIly the type of thing that everyone will be proud to, However, there',s a petition rlght'now that I'm going to present to you to be passed out. This is to the City Commission of Miami. Net the undersigned residents of Coconut 151 April 25, 1991 Lf VIS-17 F"'r Grove object to the construction of 28 single family houses now planned for _., the 5t. Hugh's housing project on the corner of Douglas Road and Franklin -_ - Avenue in Coconut Grove. We want the original zoning for 18 single family houses retained so that the project will be more in keeping with the rest of the neighborhood." And 1 present that to each one of you Commissioners a copy ` of the signed signatures for distribution. In addition to that, I'm also going to ask some of the other speakers. We have some other materials. I think the articles that have been written in the Herald today, if some of you haven't read them, you ought to. Because we too find that communication I think as Commissioner Plummer had talked about and Commissioner De Yurre earlier - is basically the issue here. Mayor Suarez: We do read them. it's like taking bad medicine, you know, you just got to take it. Mr. Wechsler: And we all get misquoted. So why not recognize that if we knew what was going on, if the people that lived here in this neighborhood knew what was going on. If we saw the numbers, the financial projections, if we understood the real spirit of the project, we, the neighbors, who are affected by it would want this project. That's why we voted for 18 single family house units. Because we're not against the project. We're against the density. And — I think you'll hear from the rest of our presenters and the material that I'm going to present to you, what it's all about. Thank you. Mayor Suarez: Very good, Louis. And those are ordered into the record. Thank you, Louis. Speaker. Mr. Wechsler: Jim Klosowski. Mr. Jim Klosowski: Hi, my name is Jim Klosowski, my wife and I reside at 3981 Loquat. I heard three things tonight spoken about cost, tax bases, and quality of life. And I'd like to address cost. And I'm sorry Mr. De Yurre is ] not here to hear this because he was concerned - oh, excuse me. He was e concerned about not having adequate information to make a decision, and being ]' a controller of the largest homebuilder in South Florida at one time, we never entered a project without doing a financial feasibility on the project.- And then you determine density after you determine what the costs are. But in having discussions with representatives of Codec, I was unable to determine all of the costs associated with this project. So we had to assemble a few of our own. Looking at the cost of the land itself, the purchase cost- of a $1,1009000 is a small portion. The capitalized interest of $440,000 over a period'of five years would have to be added to that. Plus we have to look at some of., these soft costs of: architectural fees being absorbed by the City - and someone can correct me if I'm misspeaking here, please. Impact fees per _ unit, I -'understand, are going to be waived. Site improvements, water and sewer amounting to as much as $420,000, construction costs at $35.00 afoot, cost to upgrade streets, estimated $250,000. Legal and other costs, $100,000, mortgage costs to get the mortgages of some $48,000. That comes up to a total per -•.house cost of a hundred and thirty-nine thousand, a hundred and ninety- three units. That's on.28 units of this project. That means the unabsorbed cost, if you try to sell it for $90,000 is going to be somewhere around $52,000-a house ;per taxpayer. And I'm basically coming here as a taxpayer saying that, you know, we don't get enough for our tax money now as it is. The total cost of this project to the City, the taxpayers of the City, will be $1,237,000, 1f you figure in the absorption of cost of land of $20,000 per unit.. `, Now., that-wil I be a return to the City of $560,000. If you drop that density down to 18 units, a number of things will come out of that. First of all, the -additional cost to the City that's us is $200,000. But what you address isa better quality that's taxpayers -of life. I drive down Franklin Street every day back and forth to work, and i see kids playing in the street. That 28 'units on this parcel of land, you're not going to have any room- for any playgrounds or people to recreate. You're going to have more kids playing on: the 'street, potentially being hit by cars. I'd like to also address the taxes. If the taxes are going to be predicated on the cost of what you sell these houses for it's going to be predicated at $90,000. That means, on an annual basis, 1f you based the cost on the true cost to the units, by putting all the costs associated with it, we're losing forty-four to forty-five thousand 4ollars a'year in taxes on those particular units. The subsidies alone on the financing costs will run over $100,000 a year until these people '. move`out-of the project, until normal mortgages are assumed. These are -'-not going to be cheap houses, incidentally. The person that lives in one of these lb2 April 25, 1991 h 1 s houses is going to have to come up with over $1,000 a month just to live in it, in terms of monthly principal and interest, over $700, taxes based on 3 mils, $216 a unit r that's per month - $50 in insurance and $60 estimated a condo fees, that's over $1,000 a month. Now that's not what I would call affordable housing. i don't think this project is affordable at all. i think it's a very costly project, and I think that if we have to spend money on a project, let's spend money on something that's going to give everybody quality of life, not only we the residents of Coconut Grove, but the future residents that are going live there. They're going to be my neighbors* I've lived there four years. We chose to buy our house last year. So it's not like we went in there blind. We knew the St. Hugh project was coming. We have no objection to it. Let's just build something that's feasibly economically smart. Mayor Suarez: Thank God we don't to eval... please. (APPLAUSE) Mayor Suarez: Thank God we don't have to evaluate this project tonight on its economic feasibility, folks. Thank God it's a planning and zoning agenda. Vice Mayor Plumper: Can I ask the Housing Department, what do you anticipate the cost of a square foot of construction? Mr. Hepburn: Of construction, approximately about $40 a square foot. Vice Mayor Plummer: About $40 a square foot. Mr. Hepburn: Correct. Vice Mayor Plummer: Thank you. Mayor Suarez: Although, by the way, let me say too that the worst case — scenario.could end up being one in which we even restrict further the number �- of units, because it may turn out that we build the entire thing and not sell any of it. In which case, we're taking a bath on the entire thing. So, again, economic viability as the criterion to apply tonight, would really put us in bad stead, and I'd hate to have to argue that the price that we paid was a:good price, but that's not really what we're into tonight. We're trying to figure out what makes sense and what is compatible with the community, what is most. likely to retain and add to the stability of the community. And you could ;make a very good argument with your very figures the other way._ You know that this is likely to be a project you can actually sell and it won't sit there like some of the other ones. Vice Mayor Plummer: Well, Mr. Mayor, if I use that last gentleman's figures, he is not disputing what was said by the Housing Department that a third of their income:.. Mayor Suarez:- Right, he's not, he's not. Vice,Mayor Plummer: ...a $1,000 a month is $12,000 a year. A third of their income at $36,000 is exactly $12,000. Mayor Suarez:, Right, the only premise is that the... ViceyMayor Plummer: So I don't see that the... I don't think... Mayor Suarez, ...the project can be sold in it's entirety, and I think that this °project, as envisioned, has a better chance of being sold in it's entirety:°_But °I respect your opinion that the opposite, you know, you may be ' �w right. Sir. k Mr. Al Arostegui: My name is Al Arostegui, I live at 3649 Royal Palm Avenoe, _ about four blocks from this proposed project. One of the issues that had been brought up:is'ebout affordable housing in Miami., What I have .here 1 $1. As L computer list I ran off this afternoon of houses under.$70,000. As you ;can see ,.there.are hundreds:of them in the City of Miami. So affordable housing, you can find it everywhere. Now maybe in certain neighborhoods because of desirability, obviously the prices are different.' Within four blocks of this particular project heading in the west Grove, there are four houses avail4tie right now under $50 9000 1 for sale on the market. SowhatI'm saying .is, 153 April 25, 1091 777 � ,s there's plenty of housing available in that area at affordable rates. What I would suggest to make the quality of life better there is maybe buy up some of the crack houses and demolish them and put up some nice houses there, or rehab them. (APPLAUSE AND CHEERING) Number two, we're talking about desirability of these houses in $90tOOO price range. This project is proposed right across from a cemetery on Douglas Road there. I don't know how much desirability _ there is for that. And number three is also, where are the kids going to play 1n this kind of project? I don't any... where are they going to play? -in the street? Where are they going to throw a ball around? Where are they going to do what when you 28 houses being built, or 28 families? Mayor Suarez: Well, I always played football in the street with cars going, you know, every... but anyhow... Presumably here they would be driving very slowly. Mr. Arostegui: What I think would be a better... I think a higher and better use there would be... as far as a black and white issue, I... what I would like to see there myself - and this is a personal opinion - is a tennis courts and basketball and that kind of stuff, so the black and white area could get together. And do something together for a change. (APPLAUSE AND SHOUTING) That's all I have to say for right now. Mayor Suarez: All right, thank you. Anyone further? Unidentified Speaker: Could you pick up your exhibit, sir? Mr. Sky Smith: Mr. Commissioners, Mr. Mayor, my name is Sky Smith. I live at 3615 Palmetto. I've been a Miami resident for 35 years, a Grove resident for 25 years, and I've lived in the same house in the same neighborhood for the last 17 years. I am a living tribute to the saying that no good deed goes unpunished.- I first approached and spoke before the last board on behalf of my neighbors that had issued their opinions and asked me to speak for them, directing myself merely to the proposition - which I'm seeing for the first time today — that there was no information from which we, as neighbors, could Involve ourselves in an important decision that involved our neighborhood. Apparently, according to Miss McDonald, there had been a great effort to involve _village meetings and community meetings with this Mr. Marine, I believe his name is, I believe he gave up the project in 1986. But nobody has bothered to speak to the property owners on the other side of this property that live just as close. And this involves our neighborhood, and we have a right to be involved and concerned about it. We're hearing -figures now for the first time. This is what we asked last month, and that's all we asked. An overlay was put up before the Advisory Board of a... Mayor Suarez: You know, with all due respect, Sky, the figures were kind of initially requested by Commissioner De Yurre here tonight because they have to do -,:with ,the affordability of the units and so on, which is really more of a concern -of this 'Commission in our efforts to promote affordable housing than planning and.zoning, per se, but... So maybe that's why they were left out of the:othee presentations. The presentations must have had more to do with the layout, design, and all the criteria related to what we have to approve or disapprove tonight. Mr. Smith:. Well, questions were asked by the board at that time as to the potential selling price, and the potential square foot. And apparently, the Housing Development, Committee at that time didn't know, and I'm not saying it was not available, but we couldn't learn it at that time. We are learning so m information now. However, there was a transparency put up which showed clearly there were 18 building lots, what normally would be a building lot in any other section of Coconut Grove. It appeared to me that why `should I t . suggest that my neighbors live in a' compressed environment with less of a quality of life than I would demand for myself? So when we spoke of density, we.were-speaking that we want them to have at least the same quality of life that we have in all other sections of the Grove, west Grove, south Grove, and that Vas -the -only issue involved about density. I don't want anybody, to ueation:that there were ulterior motives or motives. There were no ulterior motives other than wanting my neighbors to have the same kind.of enjoyment of Coconut�Grove,that I feel. I love Coconut Grove, I love the unique quality of it,-I%love°the :ambience of it. And I want my neighbors to have that too. We are ell in favor of our project. We just want that project to maintain the came spirit, of :the Grove. We're not looking for Snapper Creek 'north up here. We 'are looking for something that Coconut Grove can be proud of and maintain 154 April 25, toot t t�.fs'rR .. 'C r t ,fit .r+,§�x �_ i +:< '�l c T' ` f ram, rrs^ X.'+" a.� f1, z F`m a 3x" q y t .4k ��. i �x '< y i�it-€SS 4 t 41 our own ambience, I'll make it very short here. I hear that this is not an issue that involves color, and certainly it shouldn't. And I hope it isn't. But I do hear today that we have a list of 40 people that have solicited, and this is going to become first came, first served. I question that if it's really the object of the project, and I just throw that out as not something to be discussed. It was previously suggested that this was going to be a lottery method, and I thought that was a fair method. Now I'm hearing a first come, first served, and the list is filled already. And the board hasn't voted on it. I just suggest, on behalf of myself and my neighbors, that we want them to have the same quality of life that I have and all other neighbors have. I agree with Mr. Arostegui that the most feasible thing, from my personal opinion not behalf of my neighbors, is a park that we can all enjoy, because there is no such facility for recreation in this part of the Grove. (APPLAUSE) Vice Mayor Plummer: Mr. Mayor... Mayor Suarez: Please, please, please... Vice Mayor Plummer: Mr. Mayor, of the last speaker who is the... Mayor Suarez: Question, Sky. Vice Mayor Plummer: ...only one that came to my office to speak with me with a lady. I would ask of you, sir, since you made the statement to me before, what information you would want that you have not heard tonight? Mr. Smith: Sir, I said that myself and my neighbors would like to have some figures so we could decide on our opinion if a quality project can be built in our own humble, and perhaps uninformed estimates, as to what the Commission really wants. OK. Vice Mayor Plummer: But I'm asking you again. Is there any questions that you have that are still unanswered? Mr. Smith: I would like to... Vice Mayor Plummer: And if so, would you put them on the record now. Mr. Smith:. I haven't heard any answers as to what the common costs that.are going to hit the taxpayers of the entire City of Miami are going to be by virtue of., this project. I. haven't heard anything- about sewers, about lighting,.about grading, about roads, about streets. Vice Mayor Plummer:. OK, that's legitimate questions, OK? And that's what you want answers, and we'll try to get those answers, OK? So, the administration, hopefully, have heard his areas of concern, and that you will be 'able .to' address those areas of concern at the conclusion of the public input. OK? Mr. .Smith: We'd -also -like to know who's eligible, my neighbors.... Who's going to be eligible to be this project? We hear some prognoses from the board, or .the director. Vice Mayor Plummer: OK.. r Mr. Smiths But, we'd like to know if some afford... Vice Mayor Plummer: I think that's already been answered, between $36,000 and $50,000 is thepeoplethat would be eligible. f` Mr. Smith: No, sir. No, sir. It�t Vice Mayor Plummer: I think that's the case that I heard. Now, I could be mistaken, and If I am, I stand corrected. Smith: Can`a,young middle class Hispanic from tittle Havana came and move Into, the Grove? V#el yprPlummer: Sir, as they said this morning that you didn't hear... 155 April 25, 19�� r � t Commissioner Dawkins! Let me ask him a question, J L. Vice Mayor Plummer: Can I... personal privilege, go ahead, sir. Commissioner Dawkins: No, I'll wait till you finish. Vice Mayor Plummer: OK. This Commission cannot, in any way, discriminate, OK? We can't discriminate financially. We can't discriminate to City residents or non City residents. We can't discriminate to color. In fact, it might be all white, it might be all Hispanic, it could be all black. So, I think that it has to be said that your only area of concern that you raised in my office, was, in fact, there twenty some applications you said that were already in... Mr. Smith: I hear there's forty now. Vice Mayor Plummer: OK, forty. I heard, and I'm hoping that it's true, that any applications in now are no more than a list for marketing. Now, that's what I'm hoping that I heard. So all I'm asking on the record is for all of your concerns to be expressed - and by anybody else - that you've not heard an answer already from so that at the conclusion of the public input, we can hopefully get those answers and share with you. Mr. Smith: And I certainly appreciate your comments, Mr. Plummer. Mayor Suarez: OK. Good question answered. Mr. Smith: Just the final statement. Would you please inquire as the final determination at some point in time, whether, in fact, this is going to be first come, first served, or lottery, because that affects how the applicants are chosen. Mayor Suarez: We're going to try to get to that. It's really more an issue for the efforts to find the affordability of the project. Commissioner Dawkins: Hey, before you leave, may I ask you a question please? sMayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I was going to wait, but since they're asking questions, I may as well ask mine. Now, I heard - and I want you to explain it, tome where I'm wrong - build basketball court, tennis court, and we can play basketball and baseball together. So what you saying? You don't want to live with me? ' a} Mr. Smith: Sir, Commissioner, I think you know that that's certainly not... - Commissioner Dawkins: No, but see, let's get, you know, let's get an understanding. U Mr..rSmith: Commissioner, I would be honored to live with you. I'd be honored 'to have dinner with your family. I'd be honored to get to know you. ! Commissioner Dawkins: OK.... Mayor:Suarez: No, you would not be honored to live with him, but, you know, reasonably close maybe. Mr..Smith: OK.. Vice Mayor Plummer: I want to tell you, I don't care what they say, I don't' want to -,live with him. Now... y . (APPLAUSE AND LAUGHTER) n Mayor Suarez: Commissioner Alonso, Commissioner Alonso: Yes, may I ask again on the record about the Applications? Do you have any applications that have been completes? I have fi helard.A, about 40 some, I -have hoard about 20 some. Could you answer to me apa on 0e,record, has your department received any eppiication at all?': 01 156 April 2€, Iph f n��4 � ,,. `� r •1 f x. Mr. Hepburn,. What we have in our office is a list of about 80 people who tailed us there at the office based on articles that have appeared in the paper, based on meetings that we've had with the neighborhood, who have basically expressed interest in buying one of the units. We have not officially opened up the marketing process. Commissioner Alonso: No applications. Mr. Hepburn: The applications, I think that we have received, I think we mailed out about 80, and that essentially... Commissioner Alonso: Now, you're giving me a different story. Mr. Hepburn: No, what... Commissioner Alonso: Do we have applications? -or we do not? Mr. Hepburn: The application was basically to gather information about family size, income, just to get impression as whether or not we had a market. But they have no preference over anyone. Commissioner Alonso: Well, what I don't want this to be, is to give the impression to certain people that they are already in line for these units, and then let them down. I don't think that's fair either. Mr. Hepburn: No. Commissioner Alonso: And I believe that some people already believe (APPLAUSE) that they are in line for this project. I want to be very clear today. Because if, in fact, whatever decision we make up today, I find out that you do have applications, and you have lied to us today, I'm going to be certain that everything is taken back... Vice Mayor Plummer: Not lied, mislead. .. Commissioner Alonso: Mislead, yes. s. Mr. Wechsler: Excuse me, Mr. Mayor... .j Mr. Hepburn: What I want to say also is that... Vice Mayor Plummer: Well, can I, Mr. Mayor, may * inquire? Commissioner Alonso: No, I'd like him to complete and give me the answer, �? because this is -the second time I asked the same -question. Mayor.Suarez: All right, and then Vice Mayor Plummer. 'Commissioner, Alonso: And first I got a no. Now, I got maybe.. And I have _! received phone nails, eighty forms that were sent. On what basis? I'd like to know. Mr. Hepburn:. Those applications were sent out for a dual purpose. We also administer another program called the scattered site program where we do, in Iact". go out and we acquire crack houses, vacant lots, and we build on those particular units. OK, $o...13 commissioner Alonso: Fine, but I'm talking about this property, and r applications in relation to this property.T Mr. Hepburn: Those applications basicail; was essentially to gather.` � :information as to whether or:not there is a market. They have no preference over the others. xn Commissioner Alonso: Sir, applications to me are applications with one purpose The rest, it will be to gather information. I will not cal) them Applications, Were they applications or were they not? .s< Mr. Hepburn: Well, you know, they're not applications in the sense that we're not Mrketing At'this point. It was basically to gather infor ti ont Were tot 1j" the process of ,processing than for mortgages or anything to that �. 157 April 251 1991 s' Comissioner Alonso: Are you sure the public understood the intention? Mr. Hepburn: We have not taken deposits. I mean, we have not done anything - to*market these units. Vice Mayor Plummer! My question is... - Commissioner Alonso: Well, I'm very concerned that some people have the feeling that they are already in line for these properties, and I don't like — it a bit that they are mislead or that they were told that they, in fact, are in line for these properties. This is a very sad situation if they were used this way. Mr. Herb Bailey: First of all, that's not the case. Mr. Wechsler: Mr. Mayor... Commissioner Dawkins: Mr. Hepburn, Mr. Hepburn... " Mayor Suarez: All right, Vice Mayor Plummer would you yield to Commissioner Dawkins? Commissioner Dawkins: Mr. Hepburn... Vice Mayor Plummer: Of course. Mayor Suarez: Thank you. Commissioner Dawkins: Mr. Hepburn, you said that 80 applications - is.that a correct statement? Mr.•Hepburn: No, that's not correct. a Commissioner -Dawkins: OK. . Mr. Hepburn: We have a list of 80 people who have provided us.. Mayor Suarez: Expressed interest. Commissioner Dawkins: How: could you possibly be taking applications for - what.=have we ,got here - 28. homes, and got 80 applications? -if you wereIV incere? ,�J,mean,-this'is'like you -said, this is informational purp... I mean, _ we're gathering, information. You wouldn't be taking 80 applications to sell 28 homes.. So I: -,don't see why: you're going up here trying to explain that. Mayor Suarez:,' OK.. Commissioner Alonso: The applications, what kind of questions did you ask on 'this application? = Mr.>Nepburn: .Their names, their current addresses, where they work, income, family size, that kind of information. F. Commissioner Alonso: And how did people re... :. �; ...� Mayon- Suarez:.' Political party affiliation?` Yice'Mayor Plummer: Whaf party affil... No, they're liable to be -like the i Mayor, 4n 'independent.. " Mayor Suarez: More and more, everyday, I want you to know. r ' 0 Commissioner Alonso: How did the people obtain these applications? �; Ms. McDonald: i*xc+use me maybe I can help, answer the question. h Ja ,Coinrnlssloner Alonso; OK. Me»�opt�netd: DK President of the Coconut: Grove Homeownors mnd Tanbnts ti r 5 i r AssoGiatlQq. Once our Organization found out that they were going to'bp, t affordable housing, we felt that it was our responsibility as a muter of E_ ER B April 25, fact, our duty - to inform.the people who lived in our area that there were going to be houses built in Coconut Grove. And once we did that, these people came to us and said that they were interested in possibly purchasing the homes. This came directly from the Homeowners Association. The City had nothing to do with it. Most of the people who I am not aware of, probably like Mr. Hepburn said, got the information through the newspapers. But we informed the community that this was happening. We felt that this was our responsibility, as a matter of fact our duty, to do this for the citizens of Coconut Grove. And so once they inquired about it, we let them know that they could let Mr. Hepburn know and he was to let them know what was coming up. But this was not initiated by the City. There's no such thing as an application about these houses. Mayor Suarez: All right. Any further... Mr. Wechsler: Mr. Mayor... Mayor Suarez: Yes, Commissioner De Yurre. Mr. Wechsler: Mr. Mayor, I have presented in your packet... Mayor Suarez: Oh, sorry Louis. Commissioner De Yurre: Let me ask a quick question here because, you know, I'm trying to see if maybe we're going ahead of where we should be. You know, if we're talking about the viability of a 28 unit single family home development, you know, shouldn't we know if there's a market for this? -as opposed to say, well maybe there isn't a market because you can't... people do not want this type of housing or maybe they do want this type of housing. But before I can go ahead - and maybe tonight's not the night to get to that point - but certainly before we get down to issuing the final yeas or nays on this matter, you know, we're going to have to know if it is a viable project. We_have to know if we're going to find a developer or, you know, that is willing to do it for the amount of money that we're looking at. You know, we're talking... some people are throwing out some numbers here that I hadn't - heard of before. Then again, I hadn't heard any numbers, period, so it doesn't surprise me. But the point is, that, you know, we need to know if ' - what we have is a marketable situation or not. I want to see it done. I want to see it to be successful, but are we sure that it's going to fly? Herb. _ Mr. Bailey: Commissioner, I just thought I heard that there has been at least _ 80 people who have expressed some concern or curiosity about buying them. That's a marketable situation there. Commissioner Aionso: _That's a market, all right. a Commissioner De Yurre: Have they been shown what it would look like? Mr..,Bailey; Well, they've been... Commissioner De .Yurre: Have they been shown a floor plan? Have they been shown the amount of space they would have? Mayor Suarez: Please. Mr. Sklarey, number three for you. Number four, you';re gone. Mr. Bailey: Wel.1, now, when we get into selling and marketing houses, I don't h --know.of ;any: developer ;who doesn't have some sort of sketch, and,we have had ' those, and.we've had presentations of people who have an interest, just in the. area, 1f a house is there, they're not saying they're going to buy it, but we would love to live there, ifyou build what you say you're going to build, a commissioner De Yurre: OK, but do these eighty... t 0ai.leys . And so -we've done that in advance. We don't go out and just` ; sry build them and hope that somebody will buy them. Wee -already have an exprsWon from.this community that they would buy them, Nt: Commissioner Do Yurre; OK, now, is that reflected in the applications that hava boon sont=out? Is that what you're telling me? ut 159 April 25, 199 t"'v ;At;,�, f� - yq n Y a r 9t�srf s k il x`Y'sa 1$�Sk r ', Y Ik1 Mr. Dailey: 'there are no applications because the mortgages are held by the r bank. The bank will take the applications for the financing. We don't take applications. Commissioner De Yurre: I understand. No, I'm talking about these forms that have gone out. Mr. Bailey: 'They're just expressions of interest. We do this all the time. Commissioner De Yurre: But does that expression of interest convey to then that. it's going to be this type of house with this kind of lot looking in this configuration. Is that what it is? Mr. Bailey: Those people who have attended the meetings know what we're putting out there. We don't have the actual model in hand. And they say, well, if what you're going to put out there is what you said, we do have.an interest. That's all that's happened here. And we do this because we don't want to go out in a vacuum and build something and hope somebody might like it. I think getting 80 people interested before we even do anything is a great marketing effort. A lot of developers ought to be able to do that. (APPLAUSE) Mayor Suarez: OK... Mr. Wechsler: Mr. Mayor... Mayor Suarez: All right. No, no, no, Louis, you've had your say. We're going to complete, unless you're... Vice Mayor Plummer: Can I ask my question? Mayor Suarez: Yes. Mr. Wechsler: You asked me to share the time. Mayor Suarez:- Yes, he's not even been able to make his statement yet, but -the Commissioner'is inquiring. Vice Mayor. Vice Mayor Plummer: Either Housing or Mr. Bailey. What process will be used i to select? Mr: Hepburn: What I foresee is basically at some point we will initially initiate the marketing process. What we would advertise in the paper that we're now- taking applications for these units. We would have a window, perhaps of about 30 days, where we would provide applications to persons who j come in the office, log in their names, assign a number, and as they come back in, we will also assign a number. Based on that assignment, we will determine how we go down the list. i Vice Mayor Plummer: I assume... Mr. Hepburn: Unless the Commission decides they want a lottery. Lr Vice Mayor Plummer: , y I can assume if there's- less than 28 qualified :buyers, therels no;problem., If you have twice that number of qualified.buyers.-'.and.I think. that's °the -key, qualified buyers - then what process would you use? Would.youuse,-as one person mentioned,_a lottery? What process would you, f f you have more qualified buyers than units to sell? . Mayor: Suarez:- The reason, if. I may answer as to prior .affordable housing k` projects, is that we're not usually overwhelmed with applications:-, We prQcess 7$£ them as they. come i n until we , get enough qualified that we can sell outs; the fi project. And that's what we did Iva few of the ones we've -had, reapplies; y etcetera. In this case,.if we were overwhelmed::with applioations,-;thai wouicl ; solve'` part of the concern being expressed up in this Commission, that, in t fact, they're marketable at that price. It would then pose a situation of the = s 1ai rness- i $sue.',., ; like. Mayor Plummer: I, once again... i 160 April 251 i t e-, t Mayor Suarez! ...and that would leave us in a situation we'd have to, I think, use a lottery. I can't imagine any other way. Vice Mayor Plummers I ask again, what process would be used if you had more than 28 qualified buyers in that 30 day window as you spoke of? Mr. Bailey: Let's, first of all, go through the process of purchasing a house. The way these houses will be purchased, and mortgaged is not unlike any other mortgage or house purchase that will have. When a person comes in and expresses an interest in buying a house, they sign an agreement of sale, to put down a deposit... Mayor Suarez: Yes, but he's saying, Herb, suppose the first day you open up the doors you got 80 people knocking at your door. You would have to come up with some kind of a system to select which of the first 28 that you process. Otherwise, you might have 50 that qualify and you got to turn 22 of them away. Mr. Bailey: No, no, no, no, that is not what happens. That is not what happens. When you buy a house, you sign an agreement of sale... Mayor Suarez: Well, depending on how you... Wait a minute. Depending on how you and the rest of the staff handles this... Mr. Bailey: The staff... Mayor Suarez: ...will determine whether this happens at all. So I would suggest that you are very patiently... (APPLAUSE) Mr. Bailey: Well, let me suggest to you how it happens, because we've been selling these houses for three years. Mayor Suarez: Well, we will decide how it happens, but if you want to try to s tell us how you think it'll happen, you may go ahead. Mr. Bailey: No, not how we think, we have sold these houses for three years. This is nothing new to us. We have sold every house that we have built! And g the bank determines who's qualified for the mortgage. The person will come in and ;fill out an agreement of sale and application, and put down their deposit. The application then goes to the mortgagor to determine whether or not that person is qualified. If they're not qualified for the first mortgage, they're — denied. Mayor Suarez: If up to now we've -basically been going on a first come, first served basis is what we've been doing. r a Mr. Bailey: In a first come, first served... Mayor Suarez: We've not been inundated with... r -T. t Mr. Bailey: That's only for the agreement of sale. That's only for the agreement of sale. i Vice Mayor Plummer: But, Herb, my question remains. If you have 50, hypothetical number, people who are qualified buyerswho apply, they.put down the deposit, -they're within that price range, annual income, and.you have:28 e units, what would you do and how would you distribute the 28 units? I'stil:.l have-not..: It might not happen. y Mr. Baileys If you let me answer your question now, I will try to 9et you to 1.F understand that when we take applications, and there is an agreement of sale, there is a deposit. That application is sent to the bank. If that bank qualifies that person, that house is no longer available. Now, if that person a is not qualified, the next person in line, the application goes to the bank to see if they are qualified buyers.' :'. Mayor Suarez; He's describing first come, first served. All right, let's go. And in this case, we may have a huge number of applicants. Who Knows, ' If ' we..,.? Commissioner Re Yurre: We'll do like the NBA lottery. 161 April 259 199 Vice Mayor Plummer: Well, I tell you, that could be a very situation Mayor Suarez: We established a system - at least a suggested system - for Rio Plaza where we told them in a large project of this sort what system they were supposed to use to select if you had more than one that would qualify for a particular unit in a short span of time. I don't think they ever had to implement it in that case. Maybe with the individual ones that we've built throughout the City, we've never been overwhelmed with, you know, applications that come in slowly and we process them until we get enough qualified and sold. Yes, sir. Mr. Johann Traum: Good evening, my name is Johann Traum, I reside on 3655 Loquat Avenue. My property was just less than a year ago reassessed for a quarter million dollars, and I paid taxes accordingly. Now the City plans to build twenty-eight houses right basically in my backyard. Well, 28 houses would even be fine with me. But we are talking about two-story houses. That means two-story houses, the windows looking straight, not overlooking only my pool, but straight into my bedroom windows. I want to know how I can adjust - the City justify the raising of my taxes and then want to lower the property value in the area. Mayor Suarez: That part, I think... OK, that part, I think, is covered by the R-1 classification which I think permits typically two stories up to what height, Sergio? Unidentified Speaker: Thirty-five feet. Mr. Rodriguez: Twenty-five feet. Mayor Suarez: Up to 25 feet. Are these within that? Mr. Rodriguez: Yes, and besides that, in this particular case, there is a street separating the property from the property to the south. A twenty foot area which 1s Marler Street, so that... Mayor Suarez: Yes, but you didn't take into account the telescopes that people might use, you know. Mr. Rodriguez: Beg your pardon? Oh, there's no way we can predict that. Mayor Suarez: That's true, in other parts of the City also. All right... Mr. Traum: Furthermore - excuse me, Mr. Mayor... Mayor Suarez: The old telescope. Yes. Mr. Traum: Furthermore, I would like to address what just been... Mayor Suarez: Yes, I'm sorry, go ahead. I didn't mean to interrupt your presentation. Please. Mr. Traum:_ ...what's just been talked about this moment ago. Because it is public record this is the third time I'm addressing the Commission on this issue. And I find it's kind of strange that the. Housing Director each time has a different answer. The last time we were told, first of all, that the approx... Vice Mayor Plummer: Excuse me, the Housing Director what?_ 4 Mr. Traum: The gentleman, the Housing Director, each time gives a different answer, you just have to check the record. Everything is taped here, Vice Mayor Plummer: Oh, oh, OK. I'm sorry, I misunderstood you,, -sir, s Mr. Traum: The last time, first of all, the story was the house was going to be approximately $95,000. The real cost is about $140,000 because the land. still costs money even if people might not own it. The houses will be sold for $75,000. Sure, they have 80 people waiting there. It's a wonderful deal. 162 April 25, I1 t": } Half the price. Nobody gave me that kind of deal, you understand? Then, third, in this whole story here, we were affirmed, that means the Zoning Board and the City Advisory Board was affirmed by the same gentleman that will be handled as a lottery. This time, it's first come, first served. What's going to be next time? This should be clarified, this is about business after all. (APPLAUSE) Mayor Suarez: Please. All right. Anything further? Mr. Traum: Basically, I have nothing much to ask. Mayor Suarez: All right, sir. Seth. Mr. Seth Sklarey: My name is Seth Sklarey. I have an interest in 3651 Loquat Avenue, which is right behind the project. I'm in favor of affordable housing for the City. I'm in favor of this project, but I'm not in favor of the density that's proposed. When this project started, it started it was supposed to be single family homes with... seven were going to be townhouses because of the old St. Hugh's school was going to be converted. Then it was going to be so many single family homes. Now, all of a sudden, its 28 condominiums. This comes out to about three thousand, thirty-two hundred square foot per lot area surrounding the house which is very small. I would suggest that it would be more feasible and more intelligent to have 18 units so that you did have some free space within the project. That you did have some recreation for children. I anticipate younger families coming in there. There has to be something there. There used to be a basketball court at St. Hugh's, we all used to play there. The other things that I'd like to see addressed which haven't been addressed at all. One is a legitimate problem. I don't know how this could be solved, but an exit and entrance on Douglas Road is a killer. In the morning you have a tremendous amount of traffic coming down Douglas Road, and a tremendous amount of traffic turning right on Franklin Avenue. And you're going to have to somehow work with that. It won't work as its proposed now, but whether there's a solution to it, I don't know, I don't think so. Another concern is have is that somewhere along -the line, I just want to make sure that Marler Avenue stays the way it is. That it's not closed, that it's not opened, that it just remains the way it is, as a grassy dedicated street. One other thing that I'd like to address in this, and that's the way this project has been handled by the City. I think it's been duplicitous by the City all through the past several years. Instead of coming to the neighbors as a whole, the City, or the y people in the Housing Department would come to specific small groups, that may or may not represent homeowners, rather than just announcing in general that we were going to have a .-meeting or -sending out a letter and saying there's going to be a meeting.- In addition, the application... normally when you have an application, you have an attached list of homeowners in the surrounding area, and then surrounding homeowners get a notice of the meeting so you can send a ,in postcard for or against. I never got it in this last one. And looking in the application... Mayor Suarez: OK, are you going to wrap up? I think that usually is attached _ to a distance requirement, 375 feet. Mr.Sklarey: Right, 375 feet. But in... Commissioner Alonso: Yes, 375 radius. Mayor Suarez: So if you didn't get it, and if,you are within 375 feet, that' would be:worth knowing why. But you're here, so you certainly... Mr. Sklarey, Well, I'm here because I've kept up with the project. But I'm i k just saying that when in the questionnaire attached to the application, Mr. Bailey, said - that there were no homeowners within 375 feet. On other lust thing.,. IMiss Cheryl F. Alemein had sent out a letter dated April 22nd regarding this project. And she is a loan officer with the Housing Department. It says: MDear Prospective Horne Buyer, it is critical for the Department of Development and Housing Conservation to receive approval for a major use special permit for the St. Hugh's Oaks hone ownership project. Presently the City is proposing to build 28 single family homes on this site. Your attendance at this meeting is CrUCial to showing your support for this worthwhile project so 163 April 26, 1991 4; Tug zd,r �: P t v that it can move forward in providing affordable housing in the City of Miami's Coconut Grove neighborhood for moderate income families." I wasn't aware that they were in the business of lobbying for projects to the prospective homeowners. And, by the way, my name is on the list and I did not get one of these letters. Mayor Suarez: All right, thank you. Sir. Mr. Charles Vick: My name is Charles Vick, I live on 37th... Commissioner Dawkins: Pull the mike up so you don't have to bend over, sir. Mr. Charles Vick: ...3775 Kumquat Avenue. I heard from the developer, as well as some people, that there have been meetings about this project. I live about five houses from Douglas Road. I've never been invited. Mayor Suarez: Well, a lot of the meetings may have been more directed at finding potential dwellers and buyers than the formal requirement of notifying and having public hearings related to rezoning, or to a PUD or a major - what is it? -special use permit? What do we call this? Mr. Rodriguez: Major use permit. Mayor Suarez: Major use permit. So... Mr. Vick: All right, but this is basically a variance, you're requesting -the City of Miami requesting a variance... Mayor Suarez: In a sense not, because it's within the Comprehensive Master Plan criteria. In a sense, it's a... doesn't have any special use permits. Mr. Vick: We'd like to be involved as the neighbors of that project. Mayor Suarez: Well we've had... this is now the third public hearing with certainly plenty of public notice on this issue so that's part of the process, and that's what we're doing today. Mr. Vick: I'd like to ask a question. If the developer has cost overruns involved in this project. Who pays for them? The developer? Mayor Suarez: By definition we pay everything.for Mr. Vick: City of Miami? Mayor Suarez:. We bought the land, we own the land. If the matter doesn't work out, and we don't sell it, well, we're stuck with the land. I suppose the only other thing we could do is sell it. Mr..Vick: So.if the... Vice 'Mayor Plummer:- No, no, one otherthing you can do. You can . put the developer -under performance bond. If he doesn't produce for that amount, -he` loses the bond: - Mayor Suarez: Oh, 1f he doesn't construct the property, but that doesn't have anything to do with marketability. All right. Mr: Vick:` So, in other words, no matter what, the houses are going to be sold c : x; at $90,000?� No matter what they cost? ff Mayor Suarez; WeA're 'certainly going :to try to sell them at some level that hey_wi11 be affordable within the criteria established and stated earlier in r' 1 the hearing, yes. If this matter is approved, and if we go to 28. If we we X to,,,`•a smal:Ior number, I-m not sure what we would do at that point. The �° z affordability issue then really becomes even more crucial than it is now. And }` its,r°already somewhat embarrassingly crucial. 1 � y _ Mr."Vick; So it's not decided yet that the price is going to be ninety,. Hayor Suarez; If this were approved today, and we were going for '8- units , pnd', the �Cgmmi scion were to approve about that - have we already been on the record as approving a return to us of $560,000 for the entire..,.? 164 April 25, 1991 0 Vice Mayor Plummer: Approximately, - Mayor Suarez: Then that sort of sets the price at a minimum of ninety, just based on what we anticipate the construction cost to be. - Mr. Vick: Well, I'd like the... Mayor Suarez: Conceivably, construction could cost a little less if all of this happens, because of the... s Mr. Vick: I liked Mr. Plum... Mayor Suarez: ...supply of contractors out there right now. Mr. Vick: I liked Mr. Plummer's idea of a performance bond. If they can't bring the project in without costing taxpayers money, then they should be made to pay for it. And not the City of Miami. Vice Mayor Plummer: We've done that before, sir. Mayor Suarez: That's true. Yes, we always do that. In fact, if it's a City sponsored project where we are actually financing it, we have an ordinance that I think was very creative that says that for ..... anyhow, we put all the provisions in there. We do have bondability. All right? Performance bond. Mr. Vick: OK. j Vice Mayor Plumper: This project - to the Housing Department - does have to _ go out on an RFP for competitive bidding. Is that correct? i Mr. Hepburn: Yes, it does. Once we get a set of plans that we can putout the bid, we'll come to the Commission to get authorization to do so. Vice Mayor Plummer: So, 1n other words, but the set of plans has to be here to be approved. —3 Mr. Hepburn: Exactly. a, Vice Mayor Plummer: And then you go out to the RFP. A Mr. Hepburn: We got out for bids, correct, for a contractor. z ~ Commissioner De Yurre: Why is this different from Melrose? Mayor Suarez: With a developer? _ Mr.. Hepburn -.-:It's different in the sense... Commissioner De Yurre: What? Mr.. Hepburn;. It's different in the sense that the City is the developer: In terms-of:�Melrose. -there's an outside organization or corporation doing 'the construction ,of 'Melrose: a*` Mayor., Suarez: Sir.: 4r, r }' Mr.., -Robert- Pickard: Mr. Mayor, City Commissioners, my name is Robert,Pickard, ' and I live at 3730 Irvington Avenue, which is right down the street from,the as Rroposed housing project, I have a problem with the project... incidentally, =; I have children who have gone to the local schools, Coconut Grove Elementary,_ and I've been `involved with the school system at 'Carver and' so forth for many yaars, 21years, I guess. I could see a lot better uses for the -property :,th what 1 see, - And, with all: due respect to the architect's genius. I think. ' ,L that, the density, for one thing, bothers me a great deal. I don't 'know 't whather it's 18 or 10 that would look nice on that piece of p roperty 1 Always liked St. Hugh's property when it was a school , was very unhappy , when :it was closed. I do see a major problem with opening up another,. �- basicilly-another street, to Douglas Avenue in the morning, particularly or. r An;gin :thy -evening would be 4-terrible traffic situation. I also :see nQ; k with 11 ,due :respect again to the architect's 'plans' I see .no liv tlg araa 4 w thin that 280*.* I>see a rabbit warren there, is what I see. I see something 165 Apr11 25. 1,991 .= that there's no room for living. project, sir* Mayor Suarez: All right .ram � Erna k 11 And that is my primary problem with that Mr. Pickard: i think.., that's all I have to say. Mayor Suarez: Thank you, sir. (APPLAUSE) Mayor Suarez: Please, please, please... Mr. Grover C. Reid, Jr.: My dame is Grover C. Reid, Jr., I live at 3656 Douglas Road, and I've been living there for 30 years. Honorable Mayor and Commissioners, I hope that every Commissioner has at least set foot on this piece of property, and looked to see what 28 homes would do, or what you would see. Now, the property around there, the piece that I'd like to show you on the map, the gentleman was up here a few minutes ago. He paid $89,000 for the home. The home was on the market for over two years, and assessed at, I believe, one hundred and thirty some odd thousand dollars. Now, property there has gone down. Now this is directly across on Douglas Road and Loquat - I'm sorry, Kumquat - directly across and he is still paying at the rate of $1391,000. But he only paid $89,000 for this piece of property. Now, that home was on the market for two years, and he's had to do repair work on that. There have been several other people along Kumquat that have built homes or have renovated their homes. And they are afraid that their property is going down in value. Now, most of the people I've talked with - I've lived there for 30 years - they are for the project. But they're not for 28 homes. They go along with 18, 16, or 18 homes. Now, I'd like to take a flip of the coin here on this. The lady who is president of the Coconut Grove Civic Club lives down at E1 Prado. Now, if you were to transfer this project down there, I know you'd have all hell to break loose there on this. - (APPLAUSE AND SHOUTING) Mayor Suarez: Please, please, please... Mr. Reid: Now, I'm talking about the same thing about DeGarmo. DeGarmo is down there in Ingraham Highway approximately about four or five blocks from... Mayor Suarez: This is the third time we hear about DeGarmo. As painful as it's been and it keeps coming back up. Mr. Reid: Well, I mean, there is a flip of the coin there. I mean, you have a homes here .that are between 80 and 90 thousand, and down there you have $500,000 or above, the majority of them. Now, the people that live there on Kumquat; Loquat, 'Avocado, are for the project. They are for progress. But they are not for 28 homes in this area. We would appreciate if you Commissioners; if you have not, to at least step foot on this property and observe it. And I know Commissioner Theordore Gibson has gone now, but he lived just,probably about six or eight homes from .this project. His°home was there'. And I wish he were here tonight to at least give us some advice on this project. We would certainly appreciate if you people would take careful consideration -on this before you vote tonight as to 28 homes'on this piece of — property. Sixteen or 18, we'd all appreciate it. Thank you very much. Vice Mayor, Plummer: > Just for the record,Mr. Mayor... = (APPLAUSE) � Vice.Mayor Plummer: ...which has not been brought out -God rest his soul, Theodore Gibson is gone - but Thelma is still there, and she sent a;letter of support. Just for ;the record.° -Commissioner Alonso: That's right. (APPLAUSE) ,, . T F � ..::. Mayor Suarez: And then the last speaker, and folks we're going to decide one rf :at war or.tbe other here tonight, or decide not to decide, or decide to go home or whatever. But we're going to decide something. Yes, sir. h 4 4 166 April 25, 4991 r.., �f F vY � ,i''^ 3�� ����r „Y '�r.n" i !,' �°4 ; xa � �1-r'�'"j�t�����ti ✓ �i �" �E 5 T >� �' 4 '� x z Mr. Tom Cobb: Hello, I'm Tom Cobb. I've lived in South Grove for 16 years. Fifteen years, last 10 or 11 years have been on Royal Palm. Just two points. There's been a lot of side issues raised here tonight, but if there is a consensus in this crowd on any one thing, I think most people here would like to see a decent affordable housing project built on this site. And everybody who has spoken against it has agreed that that is a good use for the property. What I have a problem with is that the other thing that's self evident here tonight is that if the City bought this property for affordable housing, it paid way too much. Well, who's going to pay the cost of that? I don't think you should impose it on the neighbors. The neighbors aren't going to be happy about that. I think what you should do is ask the architect what the quality of 1 i fe Is going to be like on a 3,000 foot lot where 1,500 square feet of that are paved, and you've got 1,600 feet of space per home left to play and live in. These aren't 3,000 foot yards, these are 1,600 foot yards, and if you've got five or six people in each of these homes, it's going to be a traffic jam walking down the sidewalk, much less trying to get out onto Douglas Road. If brevity is the soul of wit, I'm going to be a genius and quit now. Those are my points. Don't make us pay. You guys pay. You bought ! the property, too bad, you made a bad deal. Let's recognize it now, let's don't drive this thing into the ground with an unintelligent project. No one asked the architect here tonight what the quality of life in this project was going to be like. All they asked her was to calculate 28 units into this project, and she did a great job. But, unfortunately, it's not a math problem. It's a people problem. Thank you. Mayor Suarez: All right, thank you. (APPLAUSE AND CHEERING) Mayor Suarez: Please, please... Ms. Jane Potter: My name is Jane Potter. I live at 3761 Crawford Avenue. I've got two things to say. First of all, Commissioner Alonso, you asked earlier about how these applications... who was going to live in here, how were they going to get it? They told you, first come, first served. I asked the exact same question. How are these people going to be determined, who gets these houses? -two meetings ago. I was told by the little bitty guy - where did he go? -the little itty-bitty guy. Mayor Suarez: We have no little itty-bitty guys here. Ms. Potter: He told me. No, that's not him. That's not him. There's a little short guy. Mayor Suarez: The guy who is... Ms. Potter: No, he's not here. He's short. He's like this big. Commissioner Alonso: Herb Bailey? Him? Mayor Suarez: The guy who is shorter, and ittier and so on, than Herb Bailey. All right. Ms. Potter: Oh, Jeff, Jeff Hepburn. I don't know, he's about this big. He told me... anyway, the tittle bitty guy, wherever he is... Mayor Suarez: You need not repeat that description. Ms. Potter: Anyway... Mayor Suarez: The smaller of the two big guys. Ms. Potter: No, this guy was about this big. This guy is about this big. Anyway, I'm getting off the subject. I asked him that same exact question._ I was told, we were told, it was going to be a lottery. Last time we,were here which, I believe, was last month in March [sic]. I asked the same thing again, how was this lottery going to be determined? Who was going to get in? How were they going to be notified? And that guy said, the lottery... Mayor Suarez: Mr. Hepburn, Mr, Hepburn, 167 April 25, 1991 i S031�1jJ1�i4 n,.'}Ly. aF�lnMy+kt Ka AULl Potter: I don't know these guys namesl Put name tags on theml This Mayor Suarez: The guy with the glasses and the moustache. Ms. Potter: ...told me it was going to be a lottery that was going to be advertised in all of the papers. x— Mayor Suarez: We are getting that basic point, but remember the criteria we're supposed to apply has nothing to do with any of that. So... Ms, Potter: Except it does. We have been told it's a lottery. You've been told it first come, first served basis. If it's first come, first served basis, they've already got a list of 40 people. Who do you think is going to get it? Mayor Suarez: I guess we hope that if all of this is done according to our plan, and if this were approved, that we would have so many that we would have to institute a lottery, but that may end up being wishful thinking. Ms. Potter: However... Mayor Suarez: Yes. Ms. Potter: Now, we've come to muddy the waters. Jim McMaster and I started talking... Mayor Suarez: Now you're going to start muddying the waters? Ms. Potter: Now I'm going to start muddying... it was clear before. ' Mayor Suarez: That was all clean and clear before, OK. r ` Ms. Potter: We started talking a week to ten days ago. This is my husband, _ ► he's here for moral support. We started talking a week to ten days ago about this project. We both agree, it's too dense. What can we do about 1t? We still need it. So we started throwing some figures around and... 'could we either get the overlay back or if we could use the... Mr. Rodriguez: Put the overlay. Ms. Potter: No the other overlay. We had some ideas that might make 1t easier to swallow which is going to make us very unpopular with everybody, but... Mayor Suarez: It's OK, you're already pretty unpopular. Vice Mayor Plummer: Why didn't you speak first? Ms. Potter: Because I didn't want to get killed trying to get out; o my car. OK, first of all, we think' that the entrance onto 'Douglas should be eliminated. That way, we can move the four houses together. You do not have then that entrance, so people coming in and off of Douglas, that's,a straight shot down to those other houses, they're going to be speeding, guys. I mean, I know nobody speeds in Miami, but if cut that... Mayor' Suarez:. Nobody speeds in Miami. tY'` Ms. Potter: Nah. a: u Mayor Suarez: Except Jose Canseco when he's in town. r: Ms. Potters Yes, and then he's allowed to carry a gun. But if we cut that d entrance off, those four houses would have more property area. Alsol _j,f anyone `:has gone over to that property, they have put in a tot lot', a°. playground, Unfortunately, the place where they wanted the playground is in a desert. There are no trees there. There's gorgeous tress on this property, - We suggest taking that tot lot, or that "playground and putting it across the street. There are a lot of trees there. There's no reason why that shouldn't >, be there. Children do not want to play under a desert sun, what we've -got Here. OK, a humid sun. } 168 April 25, 1991 Mayor Suarez: Besides drama, of course. Ms. Potter: Pardon? Mayor Suarez: What do you do for a living besides acting? Ms. Potter: A commodities trader. Mayor Suarez: Ah. Commissioner Alonso: Aha. Ms. Potter: I also... I used to be, but now I work for the Dade County school system. I also have taught over at F. S. Tucker. Also, we do not want paving to Marler, which is at the very end. We're trying to get rid of a lot of the paving. That does not seem to be necessary. If we take that paving off and move those two end houses a little bit farther apart. Also... Mayor Suarez: She's going like this to almost all your suggestions, so maybe she'll share her fee. Ms. Potter: Also, down the road that's supposed to come off of Douglas, which we want to shut that entrance off anyway, there's islands there. We would like to take those islands out, make that street smaller. Why have islands In the middle of a private street? Again, it's not needed. Also, in the island complex of the three houses, six houses, we think those middle houses should be both taken out. And put the remaining four houses, center them better, because the two trees at the end of those island, are enormous.trees. In order to make houses that close, they're going to have to really really cut them back a lot. We would like those two houses. If we move the tot lot across the street - this was much easier on my copy - we want :to take that (house out and move those houses closer so that everybody - you've got,moreroom. We want to take that house out. That's a. third house. The -house directly across the street we also want to take off, and want all. the way down... Mayor Suarez: If we give you enough time, you're going to have them all out. Ms. Potter: We want five out. We're asking for five out. We're looking at.a compromise. One side.... Mayor Suarez: All right. OK, well we got the general idea. Ms. Potter: Wait a second, one side wants eighteen... Mayor Suarez: Ma'am, we get the general idea. You want to... Commissioner Alonso: So are you saying 23 will be the magic number? Ms. Potter: Twenty-three... Mayor. Suarez: Twenty-three. Ms: Potters Twenty-three houses, plus... Mayon Suarez: The old split the difference between I8 and 28. .All right. Ms. Potter: OK... Mayor; Suarez: Also... oh, I'm sorry... ` Mayor Suarez: Although you have a very convoluted way of getting u=there. McMaster wants to say something. Vice Mayor Plumper: Are you sore you're not a pathologist? Mayor Suarez; Yes* McMaster on the record. z �F. 169 April 28, i� S 7 x Y .N Mr. JIM McMaster: Two things actually. My name is Jim McMaster, and I live _ at 2040 S.W. 30th Court, and a number of people... Mayor Suarez: You agree with both sides, right? Mr. McMaster: Well, a number of people here... I have to be sworn in too Mayor Suarez: With a face like that how could he lie? Look at him. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. McMaster: I'd like to start off by saying that a number of people here on Loquat tonight have said hello to me thinking that I'm my identical twin brother, who does live on Loquat, and who has signed the petition against this. I am not Rob McMaster. I am his twin brother, Jim. Mayor Suarez: Who cares? Go ahead. Mr. McMaster: Well, I don't want them throwing eggs at his fence tonight. Mayor Suarez: Tell us about your family now. Mr. McMaster: There could be eggs on his fence tonight. And I live at 2940 S.W. 30th Court. You know, Jane and I did broach this to both sides, and we privately hear a lot of people indicating they wouldn't mind this development If it was a little less dense. And we came up with this, and attempted to take it to people and no one seemed interested publicly. But privately, there's been a lot of talk about compromise and I do think that if you do go for 28 houses, the neighbors are going to probably sue, which will tie it up forever. And I don't think that the people who want the project want that to happen. The only other thing that we'd like to suggest would be as, the road that comes in with the islands is two way. And then swings to the right, and goes down to the end by Marler. The other road they show is two way, going _ back out to Franklin. The right-of-way could be reduced, the center islands taken out and that could be a one-way street going back out to Franklin. These are going to be private roads which the homeowners are going to be paying insurance on. To have through streets here, the insurance costs will be out of sight. If these roads are not through streets and are internal cul- de-sacs or one-way going back out, it will cut the insurance costs. Vice Mayor Plummer: Jim... Mr. McMaster: And I think there is a compromise here. Vice Mayor Plummer: What happens is what I tried to get an answer before, and. F didn't get a definitive answer. Let's just assume, I think, 23 is the definitive number you came up with. What does that do to the cost and is it still affordable? Mr.°McMaster: OK, I think that both communities, both black and white, want nice housing 1n here that's going to improve the neighborhood, I think you'd have to ask the black community directly whether or not.they could accept the fact that these houses then might be out of the reach of many of the black people who would want them. Vice Mayor Plummer: But I can't get an answer from anybody. We know please,- please... « - Mayor Suarez: No, no, no, no, we're not going to get anybody...* Vice Mayor Plummer: We know that we're talking in the neighborhood of what is proposed at 28, somewhere around $90,000. Now, if you cut down to 230 OK? what would the... Mayor Suarez: Well, if you're going to get twenty thousand back for each one, you take five out, that's $100,000 that you either don't get back or that you must spread among the other 23. Vice Mayor Plummer: OK, so what are we talking about... ' i 170 Agri1 15, l I Mr McMaster: I don't know the details on the financing for the project. but I think every meeting I go to the residents of Coconut Grove complain about the high taxes they're paying and nothing ever comes back. 1 think that this is is an excellent site for the City of give Coconut Grove back some of the money it's taken out. If the City needs to put more money into this, I think it's the proper thing to do. Mayor Suarez: OK, all right... Mr. McMaster: You know, I mean, you know, next year, the year after, you know, you can put the money back in. Mayor Suarez: We have a gentleman in the back that wants to be heard, and we have a few other items, folks. We've taken up more on this planning and zoning item than any other item, I think, in the history of Miami, with a couple of other exceptions. Yes, sir, did you want to approach the front? He had raised his hand and we're going to be concluded. Vice Mayor Plummer: But what would the cost factor... Mayor Suarez: I had said that was... Mr. Jose Serra: My name is... Mayor Suarez: There's a hand mike too if you'd prefer that, either way. She'll activate it. Mr. Serra: My name is Jose Serra. I live on 3701 Poinciana, and the reason I came was out of curiosity because I got a flyer from some association. I'd like the Spanish speaking members of the Commission to help me if I don't find a proper word... Mayor Suarez: You're doing very well. Mr. Serra: ...at certain times. My question is as follows. When I move here to my house I had four kids living with me. Now the last one is leaving, getting married and moving out. It will be too big a house and too expensive for -my wife,and myself. I can see about this project and I hope that I might be sel.iing my house in the near future, and I be one of the interested persons in applying here: I see that there are two story buildings, and I see very little space for parking for handicap or whatever. Is that a consideration Mayor Suarez: -Yes, I think it is, and (Tape 15) Elizabeth is nodding that we 1 have to build that in. Commissioner Alonso: Oh, it is. Oh, it is. Mr. Serra: Because I didn't know in advance about this thing. I only found out... Mayor Suarez: Yes, it has to be. In fact, I think we're required by every... right. Mr. Serra. Another thing, is there anywayin which somebody y can, in the. future when there is a; meeting, about this same matter, let me know somehow? x ft . Mayor ,Suarez: We'll call you. F Mr. Serra P l l give you my number. Mayor Suarez: All right. 1 Mr. Serra You have my address and name now on the record. ,r Mayor Suarez; We must notify, by law, anyone within 375 feet. if you want to be absolutely sure of hearing about anything that may happen in the general vicinity, your best bet is to join one of the neighborhood associations, an Milworgh 171 April 250 .1991 i S. F zMR, { �e Vffl: 3 Commissioner Dawkins: You know, sir, I'm happy to hear you say than In fact, I'm happy to see everybody here. There was a time, and Tim McMaster can tell you, .when we started attempting to control growth in the Grove, was nobody but us. But little by little, we've gotten homeowner groups involved and now we've got input from everybody. We may not take it, but we do get input from everybody. And by getting input from everybody, I will say to everybody out here, I don't believe personally, that this is a black -white issue, OK? Nobody believes that. (APPLAUSE) This total Commission has made it known that we... up here we see one Grove, we don't see no north Grove, we don't see no south Grove, we don't see no west Grove, we don't see an east Grove. We see Coconut Grove. And that's all we see. So when you come down here to fight for Coconut Grove, you make us proud. Thank you. Mayor Suarez: Yep. Mr. Serra: Thank you very much. Mayor Suarez: All right, Commissioners. Ma'am, you're raising the one index finger... Mr. Ron Higgins: Can I talk? Don't I have a right to my two minutes? Mayor Suarez: Not really. I mean, if you really want to know, because... Mr. Higgins: Why not? I mean, you're up there cracking jokes. I could... Ms. Roxana Saa: After I have my two minutes. Mayor Suarez: Wait, wait, wait, both of you. One minute each, ma'am. One minute, sir, one minute. I can't imagine you would have any new arguments that we haven't heard. Please. Quickly, your name and address and why you l are for or against. I Ms. Saa: My name is Roxana Saa. I live on 3755 Kumquat. And I would like to i address Commissioner Dawkins. I already live with you, sir. Commissioner Dawkins: Beg your pardon? Ms. Saar I already live with you. � Mayor Suarez: There you.go. — Ms. Saa: I am a minority. Commissioner Dawkins: My wife knows nothing about it. ` Ms.-Saa:-1 know that. Commissioner Dawkins: I hope she's not watching TV. - Ms. Saai OK, if I had anything against blacks I wouldn't be there, sir. Commssioner,Dawkins: Oh, oh, OK, all right. Mayor,:Suarez: All tight, there we go. Vice Mayor Plummer: Are `we going to read the Miami Heraldtomorrowmorning. �`,.. Ms. Saa: OK. Now, what should..." vice., or Pluimmer: How about the National Enquirer? .`14 ay Ms+PSaa: < What -should be -done, OK. There is a serious problem with traffic, and we should bring that poor policewoman who stands in front of the school tr: ov r bare and tell her -we're going to have 28 units multiplied by four people 4 enph: unit.,. (APPL.AUSE)... in our You know, the children in ksr Y Kulmguat,r cannot pldy in the street,: TP u know, we already blew 1t• we al rol dy $pent the nmoney, sir, we can't get the money. What is this? Y Cmmissioner Dawkins: Yes* we blew it. 172 April 25, 1991 x W,. And we're going to try to make us enemies? Come ON I'm not for that Commissioner Alonso. Let's compromise. - Mayor Suarez All right, a lot of rhetorical questions in this presentation. _ Sir, final comment. One minute. ;o Mrr Higgins: My name is Icon Higgins. I live at 4012 Irvington. I've been in Coconut grove for 27 years. I've been paying taxes for 20 years. My wife and I have owned four houses on Kumquat. We now live on Irvington. I'm concerned about two things. One is the density, and the property values because if you've got over density, it's going to lower the values, I think, in the neighborhood. And two, I'm concerned about who's going to pay for this? My taxes 1n the last two years on our house has gone from $3,100 to $6,700 taxes. (APPLAUSE) City of Miami taxes. If I lived three blocks over in Coral Gables, I'd pay about $1,500 a year less. And now you're going to do this to us, and this 1s going to cost a lot of money, my taxes are going to go up again. I want to know how much this is going to cost the City and, personally, how much is it going to cost me? Thank you. Mayor Suarez: Thank you, sir. (APPLAUSE) V. jMayor Suarez: Once again, the argument on economic viability and economic implications can be made both ways. Certainty it's true that the price paid for this land is awfully high if we're going to do affordable housing. How we go from this point forward, from the viewpoint of the City as a whole, in terms of getting as much of that money back as we can. By the way, the money was`:from what? -the 176 housing bond issue? The million dollars? Or was it CDBG funds? Mr.,Hepburn: Yes, we acquired the site utilizing 176 GO (General Obligation) bond funds. Mayor Suarez: It was the GO bond. It was a $25,000,000 bond issue... Mr. ;,Hepburn: Correct. Mayor Suarez: ...depending on what we end up doing with that $25,000,000 that �£ we!ve�,been using for the last 15 years now. There's a chance or not that in — the future, citizens of Miami will approve another general. obligation bond for )lousing, t... fordable', housing, and, you know, we're trying to get now an accounting from our own Housing Department of that And you'll have plenty of opportunity<:tor then lobby each other and all the citizens to approve or '`- disapprove any future ones. Certainly up until a few years ago, we had not beenr�able�;.�to.-build any affordable housing with that money and lately we've a. been trying to move forward more quickly. But that economic argument can very ve11 be made :at. hat `point certainly. 4' Mrs Hepburn:'..Mr Mayor.:... Maypr6:Suare ; . On '.:the transportation -issues we haven't heard a heck of a lot. t. j.ust; want; to say I think that anything that could be:done, regardless of_the opnfiguratlon.::of ah# s project; to ;avoid exiting, agd ..ingress and egress from F 37th would, seem to make 'sense to me. But maybe not so lens#cal? I don't t know. °,J t� ust. :F poes the :configurati on;have to. be approved: at; .this point i f ` we were #nciined to approve this or less units or anything? , z a: L Mr: adriguez; F R Yourcan.make a decision.to approve it as is, or you can makti, E#' 47Ldecis1ion to: reduce: -'the. -number of units,.and then tel1 us which one; ,and R' $040f c(0.1 what to',,change in the plan, 4r=you can make a decision to reduce Af: Ue number of units and leave it up to the staff to work out the requirements. K7 i"A tirez; l� right, 4: , '9 ,, in doing that. if you +can give us some clear idea of what you �' octt�i tlez; 9 y: r v►+aft to °dd vt11 i help, us. ` iyer re Surer The batter we specify the parameters. One thing on P411$0ortation 1n the broader sense that is clear is not particularly housing 173 April 254 1951 h t MCI ol and tonSeNVation issue at all, or even all that much planning and Zonings but is part of the growth management Concern of the state as a whole, is that this property is in the sense of Dade County, the kind of property we would like to see a little bit higher density. It is right adjoining a major thoroughfare and very close to other major thoroughfares. So in that sense, we'd like to encourage people to live in the City so we have a tittle bit, a few more taxpayers, so in that sort of global transportation sense, this makes sense to me. And I did want to put that in the record from a growth management standpoint of the community as a whole. But the local community transportation issues, I think, have to be worked on a little bit more myself, in terms of what ingress and egress would make sense, not to mention the inside transportation scheme where we've had, I think, a lot of interesting suggestions already submitted. Commissioners, anything on this item for or against discussion. We can vote and get on to some other items. I think we still have the people out there in the... Commissioner Dawkins: And they're ready. Mayor Suarez: ...Nagymihaly matter which, hopefully, has been resolved. Commissioner Dawkins: They have an agreement. Vice Mayor Plummer: Mr. Mayor, I would hope that the gentleman's questions would be answered that were in relation to water, sewers, the utility aspect of it, land... Mayor Suarez: What about the basic services, yes, hookups and everything else? Vice Mayor Plummer: Yes, would you.... Is the administration ready to answer that? Mr. Rodriguez: As to the cost of the improvements? -yes. There w111 be somebody from the Housing Department to relate to that. ' Vice Mayor Plummer: I'm sorry? Mr. Rodriguez: Yes, there will be somebody from the Housing Department that will answer the questions as to the cost of improvements on the site, including... Vice Mayor Plummer: Well, are they here? i— Mr. Rodriguez: Yes, they have been here. - Vice Mayor Plummer: OK. ±- Mr. Rodriguez: Mr. Hepburn, or Mr.... Mayor -Suarez: What do you need to know? _ Vice Mayor Plummer: Will somebody give the answers? Commissioner Alonsos Who is going to answer? Vice -Mayor Plummer: No, no, no, that's not my question. Mayor Suarez:What is the question? I mean, generic question about... # Vice Mayor Plummer: I guess the question you were... I'm trying to ask this _ man's questions, Is the water adequate? Are the sewers there? He is showing . me here that site improvement is dedicated for 49 cents per square foot, for $219929 per unit. Per unit. Is that correct, sir? Mr.. Jose Fabregas: There is water and sewer available. That's what that; gentleman is asking, There is a sewer that can tie into the property in Franklin that has an invert of 18 feet. And the gentleman knows there's ; appropriate water, there's telephone on the corner of the>property. All -the utilities are present. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 174 April 25, 1991 i Mayor Suarez: OK, want... it really isn't all that relevant as to cost, but if you — Mr4 Fabregas: OK, cost of the site improvement... Mayor Suarez: Wait, wait, wait, please. If you want to answer anything as to cost of all of the hookups. Vice Mayor Plummer: OK, I'm still trying to get one answer. And I can't get it. Maybe I'm not asking the right question. If we reduce the project front 28 units to 23 units, what would be the cost factor per unit? Mayor Suarez: If you wanted to recoup the same $560,000 which is twenty thousand... Vice Mayor Plummer: OK, if that be the case, let's use that and I can figure from there. Mr. Rodriguez: Five thousand. Five thousand more. Mayor Suarez: Right. That's twenty thousand for each of those... — Vice Mayor Plummer: I understand the cost would go up, but how much? i Mayor Suarez: So then, you would lose $100,000 for those five and if you divide that by the remaining 23, it's $4,500 or so. Mr. Rodriguez: So it's about five thousand more. Vice Mayor Plummer: So, you're saying... let me understand. Are you saying, that if we reduce from 28 to 23... Mayor Suarez: You'd have to increase... Vice Mayor Plummer: ...the cost will be approximately $95,000 instead of ninety? i. Mr. Fabregas: Yes, what happened... i. Mayor Suarez: Assuming that all the construction and configuration and ,. everything else does not go up. Which actually could go down a little bit, I 1.. suppose. 3 Mr. Fabregas: What happened is, we have to build a street regardlessof whether.;it!s.23, 28,'or,30, we have to.build a street. -That cost is divided into:,less.units. -It becomes more per unit. That's what happen... !— ..4 Mayor -..Suarez:.. -Just don't keep doing that all the way down to one unit, because -# then,you..got-.-to:pay for everything with the one unit. And then that messes up yo11 ur economies of scale and everything else: --- Vice.Mayor Plumper: So what you're saying to me - let me understand - that ,to u . reduce the density to approximately 23, it would be ninety-five thousand a r.- unit,`rather'than' ninety.,,, Js that a correct statement? Mr''Fabregas: It is a correct statement, sir. :.: . Vice{Mayor.'Plummer:. All right, now, my next question is to the Housing Department. Is a $95,000 cost factor still affordable? M , Mr. Hepburn: Based on some preliminary numbers that we've done, it appears tp ' be,,,yes.<.As .long. as that:,family is not paying more than 30 percent of their ` Y income housing, We have provided a scenario based on $95 p00, andMU .towards appears;, be affordabl ev ,to z i Y-ice Mayor ;Fl ummer;. AK. S X t 84ilays, Commissioner Just one little comment. If you reduce the number K a of units, and you went to keep the prices lower, we'll have to reduce the ountr ire..16 co, from the . l and. illo 4yor #'lum�ner; But, Herb that was not my question. OK? � , 9175 April 25, 1991 v 3 4 ' S r ra Commissioner Dawkins: 'that's understandable, that's understandable. :! Vice Mayor Plummer: That was not my question. Commissioner Dawkins: And that's what's going to happen. Vice Mayor Plummer: if you use the same scenario, we realize that if you're going to get the same amount of money back for the land, that the cost of the house has got to go up per house. And what I was trying to determine and I'm now going to use in my mind, the $95,000 figure instead of ninety if, in fact, we went to 23. Mayor Suarez: That's assuming those recoupments of monies and so on, yes. Vice Mayor Plummer: Yes, sir. Commissioner De Yurre: Well, let me figure something out because I think, you know, math is math, whether you go to Texas or New York or Florida. If we - reduce the development by five homes, you're talking about $100,000 worth of land that needs to be made up somehow. Is that correct? You divide $100,000 between 23 homes, and you've got your forty-five hundred right there. Mayor Suarez: That's what he was asking. How much do you have to increase the... Commissioner De Yurre: OK, now, on top of that, you're going to have to add the cost, the overall cost, of doing everything else, the water, sewer, paving, streets, lights, and there has to be a cost for that. On those... Mayor Suarez: There's an assumption that the cost of the whole development and basis infrastructure will not go up substantially, just with reducing five. But if you keep going all the way down to one, you're going to have a. problem with that model, yes. Commissioner De Yurre: No, no, but at the twenty-three, it's not a $4,500 difference only. ;. ;: �. Mayor Suarez: It could be more. Commissioner De Yurre:. In the price. Mr. Bailey: We11, I think what we ought to understand here... Mayor Suarez: It could be less too, because the configuration changes and you _i may be -able to do it easier too. s Commissioner Dawkins: If youcome down;the.street and you hook in ten houses, or you:'ve got to put the sewer down the middle of the street, it doesn't.make N any,Aifferent where,you hook'in ten houses or five houses. Mayor;Suarez:-:.You may be able to do it a;tittle bit less expensive. CommissionerDawkins: You ;still got to put the streets in. '4ayoroftarez:Anyhow. Commissioner De Yurre: Well that's a point.' u i►ce Mayor Rlturmer;,- Let,me...:Can i make.Ione.other point?17 Ft z Conrmiaaione r De Yurre Might as well. x i►40c,* 'Mayo Plummer. You know, because I'm going to work off of this shut which 4s gI van to me by Housing. And there's nothing been said here tonight Abputi*-..little thing that!von a bottom line called profit, owiasIoner. De, Yurre: Rah Y" j o 94yor PIummer: xcusa mQ, :it's here. Profit, 15 percent.., �k` i rnl sit nor Ds Yurre: For whom? 176 April 25, 1901 Mayor Suarez: Inciuding transportation review, presumably to took at the possible way of doing the better, I presume, in that motion. Commissioner Dawkins: I would love to put 18 single family homes. But then there would not be... (APPLAUSE) Mayor Suarez: Please, please, please.... Commissioner Dawkins: then they would not be quote, unquote, affordable. Now I sympathize with everybody, but I, for one, fail to see how a $g0,OD0 home reduces home value in that area. But that's just me. I fail to see that. But, we all have to live together, and we have to get along together. And this is not going to be the first crisis that we got to work together on. So we, should try to come to some mutual something, and if this Commission is willing to swallow the cost of the land, and put the 18 units, I don't have any problem with it. (APPLAUSE AND SHOUTING) Mayor Suarez: Folks, we have other items, please. Commissioner Dawkins: But I've heard so much up here that we have to recover the cost of the land to keep a revolving fund. So now, there again, I say we all 'have to give so we may have to give the cost of the land in order to get 18 units. Mayor'`Suarez: OK, -thank you. Is that in the form of a motion or... Commissioner Dawkins: Yes, well I move the 24 units - I mean, 23 units. Mayor'Suarez: All right, and is that something that can be moved without further specification, or do we need to also say assuming that you can then... r• Mr. Rodriguez: I understand that Commissioner Dawkins said 23 units as per ,. thearecommendation''from Mr. McMasters, and the lady... I, Mayor,= -Suarez:` ' The drama lady.` Mr. Rodriguez: .'..and I'have &'copy that I can`°introduce in'the'record which a' !'s- a one -'that she was using to illustrate her points.'' SSuarez: Mayor Right. Mr. Rodriguez: And you would have to... Mayor Suarez: Yes, we're not going to be able to stick to... I have a feeling that if yougot to bring i °back somehow for final approval and configuratlon; -no? �s Commis, lonte DeWins:- Mr'.� Mayor,'Mr.' Mayor, why don't' I do this, Mr. Mayor? ijyX Why don't I move this in principle... F{ ,m4yo r Suarez: It sounds like we're going to have to do it in principle. tr•A -:`rg xii'-ter-1 1r, 5.,.• i �'.�: >;a..i .:. „ ..: ..... '.'. ., ,t,r V.: txrrnissl0nor �awklnsr .::and"that the administration work with the plan that A wasr:presented`by,MCMa�sters•and the lady; and that before the next meeting, the , admin tration meet with ;the concerned citizens and make sure that everybody'. �° Mony with what °we're`,doing..:and when we come back next time, we can. "iilAi7 Y t ♦ i t 11' i l ayQr 'Suarez* Al 1 right, so moved. Y , for stoner tie Urres I'll second discussion purposes, s ! x3 t t t 178 A01,i1 �i. t NAB, r Y 4 Mayor: Suarez: All right, so moved. Commissioner Alonso here also... Seconded, for discussion, and I've got Commissioner De Yurre: OK, Mr. Mayor, we have two concerns... Mayor Suarez: ...if you would yield for a second, Commissioner. yielding all day. Commissioner De Yurre: ...that have been expressed here. One is the actual layout of the development, and now we're talking about using, you know, 23 units as the amount and working with that. But the other area that we need to address because then it serves not the purpose that we want is, the affordability of the project. What are we going to put these units at? -and there has to come a point in time... Mayor Suarez: Well, we've got all the parameters on that. We don't need to decide that tonight, but if we wanted to get back the same amount, we'd have to increase the cost approximately five thousand. Commissioner De Yurre: Well, but there has to come a point that it's not affordable any more. I Mayor Suarez: If we didn't, that's... i Commissioner Alonso: If a unit is affordable in ninety, ninety-five is. Commissioner Dawkins: I have been trying... Mayor Suarez: Folks, that's been said so many times tonight. Commissioner Dawkins: I've been trying all night to avoid saying this. I can no longer afford not to say it. If a black person can afford $90,000, a black person can afford $95,000._ So don't come telling me about what's affordable and what's not affordable. Commissioner Alonso: That's right. } (APPLAUSE) Mayor Suarez: Please!„ Please! Commissioner Dawkins: I'm just tired of hearing it all night. Commissioner Alonso: That's right. Mayor Suarez: We've considered all the parameters. Commissioners, we can taker it -either way you want from that point forward -if the configuration -,is approved and ifthe-Commission heads in that direction, we can... Commissioner De Yurre: Mr.:Mayor,.the point is -- f-I may finish... Mayor Suarez: Yes, >please. Commissioner De Yurre: That, you know, I don't see a significant difference obviously-,lbetween,ninety and ninety-five. But:I don't want it to come "'back mnd.eay;-listen; it's got to be.a-hundred and five and then that puts it out of the picture. So, ,you know, if we're talking about... Mayor Suarez:. With the present estimates, that's the best we can do.' R Commissioner De Yurre: ..°.this amount -,,then I'm just pointing Itoutthat welip a oot to have some constraint as to what these units are going to go for. And we.have to=work'within those constraints. rrt4 _ .Mayor. Suarez: That's right. All right. Yee l,+or°'Aiumrner: =Weil; Mr, Mayor... ti x r R. yor garez'* Commissioner Alonso,, f '� isioner Alonso: Yes, I was goingo say, I agree that if a personyen° ti*ord ninety, ninety-five is not that great difference, and I thinly we Can = �. S t , E 179 April fib, 1SIs f u'k1 ytl +iri T�,y reduce the number to 23 and it seems to me acceptable. What I'd like to see Is that we move 93 units, but that we allow the staff and the architect to make the decisions, rather than saying that someone who has no experience In this matter will be saying, close this street or drive inside that community, because that we don't want either. Commissioner De Yurre: No, of course not. Commissioner Alonso: So if we say 23, but allowing that the professionals make the proper decisions having nice configuration and how that area is going to look, I will definitely be in support of this proposition. But if we have to say that it has to be in general terms the presentation that they made, in all conscience I cannot say yes, because I find that completely absurd. And I'm not going to vote for something I find that makes no sense to me. The number 23 is fine with me. I have no problems with that, but I would like to see the $95,000 perhaps as a number that will be maintained as a maximum and also that the professionals will make the decision of how the property is going to look. Mayor Suarez: Configuration. Commissioner Alonso: Yes. Commissioner Dawkins: I accept that amendment. Mayor Suarez: All right. Vice Mayor Plummer: Well, Mr. Mayor... Mayor Suarez: Moved and seconded with that amendment. Vice Mayor Plummer: My vote favorable for the 23 is definitely predicated that it will not exceed $95,000. Mayor. Suarez: OK. ` Vice Mayor Plummer: If, in fact, it does, I would expect and demand that they _ do not proceed. They come back here to this Commission and we will: reconfigure. I am using their number of ninety-five. Now, there is still one area that bothers me, and that is the selection process. I would like to feel that,.whatever.Mr. Bailey, that window that is opened up, whether it be 30 days �. or 60 days, whatever you determine, that there would be buyers who would be qualified. If there are only 23 buyers or less, then I have no problem. You put in the buyers that are qualified. But my problem comes in the discomfort is;if there are more, how the selection will be made. Mayor Suarez: Yes, and let's leave that as a conditional proposition, because i i' it�may..be,that... They ought to design all... Vice Mayor Plummer:. Yes, but you... No, no, -'Mr. Mayor... Mayor,Suarez: ...both scenarios. They will design both scenarios. They will design both scenarios. �. Vice 'Mayor: PI No, sir... Mr. Mayor, y I cannot accept Mr. ;Bailey's scenario. That's what I'm.trying.to say in a.nice way. �._ i` Nayor,f Suarez: `_Most,of the time it works out that way. ;AJ Vice Mayor Plummer: No, no,.no, not with his scenario. And if I follow his scenario, there is no way that I can feel of a competitive select... g Mayor Suarez: You motion is accepted that they should come back with a system of,"fair;-selection, an .equitable selection, .as part of the project. a, Vice Mayor Plummer: Something that has got to be fair. I cannot let it go toban#c,And that.one that 1s,qu4lified is it. There might be more than 28* l Yore; Suarez: ;, t becomes a ranee to the bank, i f you want look at it that way* ��� right. 31 fiL r4F QQAA '`VV Apri f i, 1g9 i. X ITT,, � Vied Mayor Plummer: OK, so what I'm saying is, there must be a process which Housing can use to determine that they are qualified. Mayor Suarez: All right, with that proviso, Vice Mayor Plummer: And qualified people. Over 23, Mayor Suarez: All right. Vice Mayor Plummer: O0 a bulk of people are put in that these are the I want to know what process is going to be used. Mayor Suarez: Can we just build that in as something to be determined as part of the reconfiguration and the other, but subject to the general parameters of the motion? Vice Mayor Plummer: Sir, if this motion this evening is in principle, and we are yet to go for a final Vote, that is fine. Build it into the scenario, and come back and tell me what is a fair, equitable way of doing it. Mayor Suarez: Madam City Attorney, are we, in effect, if this motion were to pass, and listening to what's been said here, almost as if we were on a planning and zoning basis, continuing the item with the general in principle resolution that a configuration of 23 units would be acceptable if all the other qualifications are met. Is that basically what we're doing? Ms. Kearson: Yes, sir. Mayor Suarez: All right... Commissioner Dawkins: Madam City Attorney then, is there any way that we can say that we're passing this in principle and that the next hearing will be final and you're ready to go build? Ms. Kearson: Yes, sir. Commissioner Dawkins: OK, thank you. Q ' Mr. Bailey: May I say something, please? _ �.". Mr. Rodriguez: The next hearing so we can... Ms. Kearson: Next hearing is May 23rd. Mayor Suarez: The next planning and zoning agenda, yes, please. And let's :get everything. Co*uiioner; Dawkins: 'May 23rd. Vice' Mayor: Plummer: Just for everybody and my edification, to the Housing. Mr. Bailey. Mr. Bailey., Mr. Baileys Yes, Commissioner. Vice Maygr,Plunmer: Assuming that we give the final thing on the 23rd of May, ==` give me an approximate time schedule for completion. Commissioner Dawkins: Christmas. Sflf va Vice Mayor Plummer. ' Of what year? f -Commissioner Dawkins: This one. Your Christmas present.` ` Vice Mayor Plummer: Are you talking about, through this process as you know" r are you talking about 12 months, 18 months? Give me an approximation.. > Commissionr De Yurre: It just depends on the market. sr G.Vie ' Mayor Plummer: And go long so I cant hold you to it later, sy, r'v"8i1$y; Eighteen months, lot April 25. 199t r, Vice Mayor Plummer! Mr, Dailey: Yes. Eighteen? Vice Mayor Plummer: OK, thank you, sir. Mayor Suarez: So moved and seconded. Any further discussion? If not, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 91-325 A RESOLUTION APPROVING IN PRINCIPLE A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLE 17, ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE ST. HUGH OAKS VILLAGE HOUSING PROJECT, PROPOSED BY THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY, TO BE LOCATED AT APPROXIMATELY 3577-3698 FRANKLIN AVENUE AND 3621-3699 MARLER AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), TO BE COMPRISED OF NOT MORE THAN 27, 410 SQUARE FEET OF HABITABLE RESIDENTIAL AREA AND NOT MORE THAN 23 SINGLE FAMILY CONDOMINIUM UNITS WITH 46 PARKING SPACES, WITH EACH SINGLE FAMILY HOME BEING FREESTANDING AND DETACHED IN NATURE BUT WITH COMMON FACILITIES SUCH AS A PLAYGROUND AREA, PRIVATE ROAD, COMMON OPEN SPACE, ETC.; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed -_ and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor;Xay.ier L. Suarez NOES:; None. ABSENT: None.. COMMENTS MADEDURING ROLL CALL: Co -mmissioDer De ;Yurre: One more thing. Ism only kidding. CQMMENTS..:MADE :FOLLOWING ROLL CALL:. Mpay,,�,or,^S1ua/rez: PZ-14. Thank you, folks. I have a feeling we're going to see `- Commissioner Dawkins: ...bring those people back... 4 W. . y a 182 April"251991 ..-,.....Ej�i�,'�c,3Y Y�'� �` ? '�J-x"l`f ;at`i`}7'�rt` i } "Jf':�F� k� ,�'#{-"1.� s< i"t8-�*. r 1` n 1,. r* x'i IMF: clA' $ ; t; Y.IWJIGIiiiYYii Y.(1.oiiYiiiii►iii fii1dfYiY.ii➢iiiliiiltrYlFitY.Yii�YiW Wiiiaif�fl'�itiifi iYcririYwYi li�iiiw aY firGW i➢i.iYa ctil YiiW iY ii Yi/i1YY i111.Y iUHiiiii 30, SECOND READING ORDINANCE: AMEND 11000 - DELETE ARTICLE 7: HC HERITAGE CONSERVATION OVERLAY DISTRICTS SUBSTITUTE NEW ARTICLE 7: HP HISTORIC PRESERVATION OVERLAY DISTRICTS - PROVIDE FOR INTENT, APPLICATION AND EFFECT OF DISTRICT, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, ADDITIONAL USES AND DEVIATIONS; APPEALS, etc. (Applicant: Planning, Building b Zoning Dept.) Mayor Suarez: Yes, except 1 want to try to do a couple of these cleanup items. They're ready? Mr. Sergio Rodriguez: PZ-14, 15, and 16 are the historic preservation item that have been here for a long time. They're second reading. Mayor Suarez: Yes, I would like to do those very quickly. If you would ease out of the chambers and have celebrations, commiserations, discussions, debates.... Commissioner Dawkins: OK, take care. Drive safely now. That's what I said, we're ready. You all got... Mayor Suarez: I have a feeling Cacciamani, I di'dn't know we were... Commissioner Alonso: You have an agreement? Commissioner Dawkins: Yes, signed agreement. Mayor Suarez: No, she's not talking about Nagymihaly. I don't know yet, madam 'former City Attorney. It's 8:13. I have 47 minutes to try to get everything else done, and you're already preempting me. — Commissioner Alonso: DeGarmo? e �. Mayor Suarez: All right, let's do these quickly, these heritage conservation items. Hopefully, they're not controversial. Commissioner Alonso: Oh, I so move. Mr. Rodriguez: Move. ' Commissioner Alonso:: Move. 'Mayor Suarez: Moved, PZ-14. t Commissiones'Alonso: Yes, yes. i Commissioner Dawkins: Second`. Mayor Suarez: Is there -anyone that wishes to be heard against PZ-14? Let the record reflect that... Commissioner Dawkins: I don't know what I'm doing, but I'm going with... OK, let"s-:go. } Mayor Suarez: ..�.no one stepped forward. Read the ordinance on PZ-14. Call kt the roil,17 s r: 183 April 25, 1991 t AN ORDINANCE AN ORDINANCE RELATING TO LAND USE, AMENDING ORDINANCE NO. 110009 AS AMENDED, THE TONING ORDINANCE OF THE — CITY OF MIAMI, FLORIDA* BY DELETING THE EXISTING ARTICLE is "HC HERITAGE CONSERVATION OVERLAY DISTRICTS," AND SUBSTITUTING IN LIEU THEREOF AN ENTIRELY NEW ARTICLE 7 ENTITLED "HP HISTORIC PRESERVATION OVERLAY DISTRICTS;" PROVIDING FOR: INTENT, APPLICATION OF DISTRICT, EFFECT OF DISTRICT, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PRESERVATION OFFICER, CONDITIONAL USES AND DEVIATIONS, AND APPEALS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of October 25, 1990 was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor J. L. Plummer, Jr. I THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10874. The City Attorney read the ordinance into the public record announced that copies were available to the members of the City Commission to.the public. Mayor Suarez: -Look at how happy she looks, isn't that sad. CODE - ADD NEW CHAPTER 23.1: HISTORIC — 31.>: SECOND READING ORDINANCE: AMEND PRESERVATION.- PROVIDE FOR: INTENT AND PURPOSE; DEFINITIONS; HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, etc.; DESIGNATION OF HISTORIC SITES AND DISTRICTS, AND ARCHEOLOGICAL ZONES; CERTIFICATES OF APPROPRIATENESS, etc. - AMEND CHAPTER 62 BY DELETING ARTICLE VII (HERITAGE -CONSERVATION BOARD) AND SUBSTITUTING NEW ARTICLE VII: HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD - PROVIDE FOR ESTABLISHMENT; MEMBERSHIP; FUNCTIONS, POWERS AND DUTIES; etc. (Applicant: Planning, Building & Zoning Dept.) ----------------------------------------------------------------------------- Mayor Suarez: PZ-15. f Commissioner Alonso- I move. 'i Mayor Suarez: Moved. l € Commissioner Dawkins: Second. R RLP Mayor Suarez; Seconded. Anyone wish to be heard against the item? Let the record reflectnoone stepped forward. Read the ordinance. Call the roll. 184 April 25, 1991 AN ORDINANCE RELATED TO HISTORIC PRESERVATION, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW CHAPTER 23.1 ENTITLED "HISTORIC _ PRESERVATION"; PROVIDING FOR: INTENT AND PURPOSE; DEFINITIONS; HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD; PRESERVATION OFFICER; DESIGNATION OF HISTORIC SITES, HISTORIC DISTRICTS, AND ARCHEOLOGICAL ZONES; CERTIFICATES OF APPROPRIATENESS; AND ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES; FURTHER, AMENDING CHAPTER 62, BY DELETING THE EXISTING ARTICLE V11 ENTITLED "HERITAGE CONSERVATION BOARD" AND SUBSTITUTING IN LIEU THEREOF AN ENTIRELY NEW ARTICLE V11 ENTITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD;" PROVIDING FOR: ESTABLISHMENT; MEMBERSHIP; FUNCTIONS, POWERS, AND DUTIES, GENERALLY; PROCEEDINGS; COMPENSATION; AND PRESERVATION OFFICER; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of October 25, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. z- ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10875 i COMMENTS MADE DURING ROLL CALL: l . Mayor Suarez: Need the door closed in the back, please. Where are our i officers? Thank you. COMMENTS MADE AFTER ROLL CALL: Commissioner Dawkins: You've got to come out and I'll let you have the other one now. a Mayor Suarez: Close that door, please. In or out. Thank you. Mayor Suarez: I've- got to vote against you, because you are batting } thousand. 155 a f; April 25, 1991 5 Lx 4a 1 i Va E 32. SECOND READING ORDINANCE: RENAME ENVIRONMENTAL PRESERVATION DISTRICTS AND SCENIC TRANSPORTATION CORRIDORS ATLAS: OFFICIAL HISTORIC AND t ENVIRONMENTAL PRESERVATION ATLAS - RELOCATE INTO SAID NEW ATLAS THOSE PROPERTIES NOW DESIGNATED AS HC-1 AND HC-2 OVERLAY DISTRICTS IN 11000 _ ZONING ATLAS ACCORDING TO HISTORIC CLASSIFICATION - RETAIN DESIGNATION IN SAID ZONING ATLAS OF ALL PROPERTIES SHOWN AS HC-2 OVERLAY DISTRICTS IN ADDITION TO THEIR BEING INCLUDED IN THE HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS, RENAMING SAID HC-2 OVERLAY DISTRICTS IN THE HISTORIC / ENVIRONMENTAL PRESERVATION ATLAS AS: HP OVERLAY DISTRICTS, WHILE RETAINING THEIR UNDERLYING ZONING DISTRICTS (Applicant: Planning Building & Zoning Dept.). Mayor Suarez: PZ-16, the third one. Commissioner Alonso: Move. !' Mayor Suarez: Moved. 1 Commissioner De Yurre: Second. Mayor Suarez: Seconded. Anyone wished to be heard against? Let the record reflect no one stepped forward. Read the ordinance. If I see any more congratulations, I am going to start voting against these things. Look at it. Call the roll. AN ORDINANCE - AN ORDINANCE WITH ATTACHMENTS, RENAMING THE EXISTING } "ENVIRONMENTAL PRESERVATION DISTRICTS AND SCENIC TRANSPORTATION CORRIDORS" OFFICIAL ATLAS OF THE CITY OF MIAMI, FLORIDA, AS THE "OFFICIAL HISTORIC AND - ENVIRONMENTAL PRESERVATION ATLAS OF THE CITY OF MIAMI, FLORIDA" AND RELOCATING INTO SAID NEW HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS THOSE PROPERTIES NOW DESIGNATED AS HC-1 AND HC-2 OVERLAY DISTRICTS IN THE —� OFFICIAL ZONING ATLAS OF ORDINAN NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF T CITY OF MIAMI, FLORIDA; RENAMING AND CLARIFYING SAID RELOCATED HC-1 "AND HC-2',OVERLAY DISTRICTS IN SAID NEW HISTORIC AND 1 ENVIRONMENTAL PRESERVATION ATLAS ACCORDING TO THEIR - HISTORIC CLASSIFICATION; FURTHER, RETAINING THE DESIGNATION IN SAID ZONING ATLAS OF ALL PROPERTIES SHOWN r THEREIN AS HC-2 OVERLAY DISTRICTS, IN ADDITION TO THEIR BEING INCLUDED IN THE AFOREMENTIONED HISTORIC - AND' ENVIRONMENTAL PRESERVATION ATLAS, AND RENAMING SAID HC-2 OVERLAY DISTRICTS IN THE HISTORIC AND 'ENVIRONMENTAL PRESERVATION ATLAS AS "HP OVERLAY - DISTRICTS", WHILE RETAINING THEIR UNDERLYING ZONING f DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, `AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of October 25, 1990, { was oaken up for its second and final reading by title and adoption: On `motion,�of. Comnis'sioner 'Alonso, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and -adopted bythe following votes AYES: �Conmissioner Victor De Yurre Commissioner Miller J, Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. - Mayor Xavier L, Suarez N�Er None. ABSENT,#,. None. t 186 April 25, 1991 4 THE ORDINANCE WAS DESIGNATED ORDINANCE_N-0. 10876. The City announced that to the public. Attorney read the ordinance into the public record and copies were available to the Members of the City Commission and COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Is that it? Ms. Sarah Eaton: Yes. Thank you. ------------------------------------------------ --------------------- - _ 33, (Continued Discussion) DENY APPEAL BY VERONICA NAGYMIHALY CONCERNING PROPERTY AT 2500 N.W. 22 AVENUE (LIVE OAK CONVALESCENT HOME) - AFFIRM ZONING BOARD'S MODIFICATION OF ZONING ADMINISTRATOR'S DECISION REGARDING LANDSCAPE REQUIREMENTS - ACCEPT LANDSCAPE PLAN, INITIALED BY JOSEPH GENUARDI, ENTITLED: NAGYMIHALY PROPERTIES PLAN OF SASAKI ASSOCIATES, INC., OF NOVEMBER 19 1990 (as modified), AND AS FURTHER MODIFIED BY AGREEMENT BETWEEN DADE COUNTY AND VERONICA NAGYMIHALY (EXHIBIT A), SUBJECT TO EXECUTION OF VOLUNTARY DISMISSALS BY NAGYMIHALY (EXHIBIT B $ C), AND SUBJECT TO RECEIPT OF GENERAL RELEASE OF ALL CLAIMS AGAINST THE CITY (EXHIBIT D) (See label 21). ------------------------------------------------------------------------------ Mayor Suarez: Nagymihaly, how are we doing on it? Mr. Norman Malinski: I am pleased to report on behalf of Nagymihaly's... my - name is Norman Malinski. Mayor Suarez: I can't believe it. Mr. Malinski: I almost can't believe it, but let's see if we can get through f, Mayor Suarez: All right. Mr.".Malinski: Mr. Weiss, on behalf of. the County, and I have handwritten, approved and signed an agreement. Mayor Suarez: :All right. _ Mr: Malinski: Wait, Commissioner Alonso... Commissioner Alonso: I'm delighted. :Mr. Malinski: It's not always good news. iNayor,Suarez: It's `not quite.: that simple, but let's see. Mr. Malinski: Yes. The City Attorney has furnished me with a draft of the °�esoldtions``, and ,of' two. stipulations of dismissal, and a - release for the -benefit ,of thv City. I have agreed with those on behalf of the client as here �,.i s the. -problem. The City Attorney' s office, . has asked_ ..that ow4tioulAtions of dismissal of the lawsuits, and the release be executed and delivered at the time the resolution is signed. As I indicated to- ommissionan Dawkins; one 'lawsuit is over, and I certainly have no trouble` executing the stipulation of delivering it right now. What, on behalf of the `iVagymlhaly'a I,would 1ike.- is to have the release and the stipulation :of -; dismissal in the other lawsuit, I, will be glad to deliver them to the City f y Attorneys office to, be" °held in escrow. F �`s jj 1�!laytir Suarez: Pending? r* M til ski: :Until completion of the improvements, according to the plan nQ mere, And I don't mind having the City Attorney hold them. 1rQl''Searez;...I mean, I shouldn't superimpose my legal understanding, but if a stipulation for dismissal submitted right `away, and somehow, the ,bad 187 April 2S, t9g1 - _ y 4'z Conditions were not fulfilled in some way or other, wouldn't you have a right to re"file? Mr. Malinski: We119 that's what I am trying to avoid. Ms. Maer That's exactly correct, Mr. Mayor, and that is why the City Attorney's office is not recommending that proposal. Mayor Suarez: Well, on the other hand, from a City Attorney's standpoint, we've been battling on this item now for five or six Commission meetings, for five or six months. What's the harm of holding them in escrow for a couple of weeks until they see if the work is done in accordance with the... with all the false starts that we have had, how does it hurt us? Ms. Maer: Because Mr. Malinski indicated that the reason that he wants to hold these in escrow, is so that he can have the City apply additional pressure to require the County to complete this within... Mayor Suarez: Well, that's logical. That's logical. Ms. Maer: ... Malinski's period of time... Mayor Suarez: Absolutely. Ms. Maer: ... issue a CO (certificate of occupancy) that Malinski will be in agreement with, and a CU (certificate of use) that meets Mr. Malinskl's specifications. Mayor Suarez: He wants to ride as hard for the intervening period of time, to .n..I.- r.w-4.1—& ..... wi.l.. &§%.% P...a..4-t. I.!%...d en 4�1.n1• }{.n - �..9' R }s. TOR Agin "+ i Mayor 5uarex: Either way, but they don't want to do it that way. They think that we will keep pressure on if the lawsuit is still pending, and if... Ms. Maer: The City should not be in a position of having to apply any additional scrutiny to this project than we would any other. We don't want to — be a position where we are being... Mayor Suarez: Why not? We messed up on this one. We never got a clear .r understanding of what was agreed upon. We never got the signatures. We didn't take the time to understand fully, what had been agreed upon. What's...? r = - Ms. Maer: When the construction is completed... Commissioner De Yurre: Let me ask you something. The second suit is against the City also? �— - Ms. Maer: Yes. Both suits are against the City. Mr. Mallnski: That's being dismissed. Commissioner De Yurre: OK. Now, if this would have taken its ordinary - course, and we'd have decided what they wanted to begin with, we would be -under no exposure at all, right? - to begin with. In that case, if the County didn't comply with the requirements, what would have been the alternatives then? Ms. Maer: If the County had applied for a CO, and hadn't met all other requirements, the CO would not be issued. If in fact the City issued the CO, _ and Nagymihaly felt that the City did so wrongly... Mayor Suarez: They would have sued us. Ms.:;Maer: the City... the Nagymihalys would have an action against the City: They still will have an action against the City, if the construction is concluded: -.and the CO is issued by the City - if they feel they have a problem with:, ft,, they would have a right to bring. an action against us. So.they have their remedies: Commissioner De Yurre: OK. So basically, what I am looking at is, to put you n thesame position -you were before if you would have gotten what you wanted. -,OK? Now, that wouldn't have put us in the position that you want us to be in. — Mr. Mallnski:. No that's... Commissioner De Yurre, that I believe is not correct: Commi ssi oner+ Plummer, when we were here in January, . stood up and said; :you're going to dismiss the lawsuits if we vote you way? I said, no. You voted our 'way anyway. That's exactly what happened. Mayor Suarez: All right. Mr. Mallnski:;,. Now Mayor. Suarez: I have no;,problem holding them 3n escrow. I am ready to vote folks. Commissioner., Dawkins: Me too. You know, and the only. thing that got, me Mr, k I yQr'. is4COi, t What.., 1f ; you don't give them: a, CO, you can't mane. them push the building down. Maiyer S�a�.e _Exactly..' Cpmni.osioner:.Dawkins:,, We can't stop them from using the building, so. '4 T Mayor.5prez. We have occasionally given CO s when people haven t complied, 4 NT and we'w+ould have another lawsuit. r+ oMlgisaiae�r De .yurre: Well, you've gigot a motion? 4t *fi -" us MPS M;ti irtak: Well ; .-that'.a why we ara here.` #►yer,tuati Yea. I know. 4 4, too APrill 25, lost Mr. Malinski: Yes, I am delivering them that the release of the Genuardi... I am Genuardi lawsuit may be filed immediately, e f t into escrow, and I am stipulating stipulating the dismissal of the Mayor Suarez: All right. And the other one is held in escrow pending the... Mr. Malinski: Completion of the... Mayor Suarez: ... implementation of everything. Ms. Maer: Pending what? - specifically. Mr. Malinski: And I am stipulating that there is to be no activity in the lawsuit, other than enforcement, if necessary. I am not proceeding. Ms. Maer: Pending what? - specifically. Mayor Suarez: The implementation of the agreement that has been put into the record by the two parties, and of the scheme that is the underlying issue here, which is the trees, and the walls, and everything else as agreed to by the parties, initialed and put into the record. Ms. Maer: At what point in time does the voluntary dismissal get released from escrow? At what point in time does the release get released from escrow? Mayor. Suarez: The moment that all of that is implemented and we hear from counselor that it is agreeable and acceptable. Ms. Maer: OK. Mayor Suarez: If not, we just have a pending lawsuit. We'll go to the court, explain to the judge that... Vice Mayor Plummer: Call the question. Mayor Suarez: All right. Call the roll. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY _ COMMISSIONER DE YURRE, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE: _ AYES:: Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES:,_ Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor J.L. Plummer, Jr. -ABSENT: , -None. . Mayor Suarez: Absolutely yes. It doesn't do any good. All right, if there are."no,gther motions, we're going to go on to the rest of the items. If there is anothermotion..:` Cossioner Dawkins: That's right. Let's go. mmi 4, Yi e . Mayor -P.l ummr: Well, no. I ! l l make a motion. } z Commissioner Dawkins: Moved, agenda. Move the agenda. ` Vioe,Mayor Plummer s I'll move, approval subject to the dismissal of the z r lawsuit m x.� qq fay7/1 Ft.i p/�r Q ra /�/► Mua* M t AllM�ed • ,, ;. .. - 1 yy ' '. _ X Xa� Saar. And the release. o- ier nieeOeer Do Yurre: Second. x ; T' wer;Suardz: Moved and.aoconded. Yr y it i 192 April 250199t . i5 Vito.. Mayor Plummers Fines Commissioner De Yurre: Tomorrow at five o'clock. Vice Mayor Plummer: I mean, you want 9:00 a.m. Monday... Mayor Suarez: OK. So moved, those modifications. Any further discussion? If not, please call the roll. Best we can do, counselor. Ms. Maer: We can have them signed right now. They are completed and they are in front of you. Vice Mayor Plummer: Five o'clock Friday, Miriam. You are ahead of the game. s Mayor Suarez: She is being given twenty-four hours, counselor? - I can't l believe you are now just going to tell us that we could have them signed now. We could have them signed yesterday, we wouldn't be here today. Ms� Maer: Thank you. Five o'clock Friday. Mayor Suarez: Call the roll, please. j The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 91-326 A RESOLUTION, WITH ATTACHMENT(S)9 MODIFYING THE DECISION OF THE ZONING BOARD IN MODIFYING AS PER SECTION 3006 OF ZONING ORDINANCE NO. 9500, AS AMENDED, THE DECISION OF, THE ZONING ADMINISTRATOR RENDERED BY HIS LETTER DATED AUGUST 1, 1990, REGARDING LANDSCAPE REQUIREMENTS FOR THE LIVE OAK CONVALESCENT HOME FOR THE PROPERTY LOCATED AT 2500 NORTHWEST 22 AVENUE, - MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF TRACT A AND f_. TRACT -B LESS SOUTH 170'. ZIPES SUBDIVISION, AS RECORDED IN PLAT BOOK 78 AT PAGE 54, OF THE PUBLIC -RECORDS OF DADE COUNTY, FLORIDA, BY ACCEPTING THE LANDSCAPE PLAN BEARING THE DESIGNATION "NAGYMIHALY PROPERTIES .PLAN -OF .SASAKIASSOCIATES, INC., OF NOVEMBER"1, 1990" AS MODIFIED BY THE AGREEMENT DATED (. APRIL 25- 1991 EXECUTED ON BEHALF OF DADE: COUNTY AND .. -VERONICA NAGYMIHALY. ATTACHED HERETO AS EXHIBIT "A", ;. AND FURTHER SUBJECT TO EXECUTION BY VERONICA NAGYMIHALY OF:, THEVOLUNTARY- DISMISSALS WITH PREJUDICE OF PENDING LAW SUITS, ATTACHED HERETO AS EXHIBITS "Bit t 'AND.::"C";:AND.::FURTHER SUBJECT TO EXECUTION OF THE GENERAL ,RELEASE OF ALL CLAIMS AGAINST THE CITY, .ATTACHER HERETO AS EXHIBIT "D'!. (Here follows body of resolution, omitted here and on file:.in; the -.Office ofthe City. Clerk.) Upon�beingseconded by Commissioner De Yurre) the resolution was ,passed rind eidopted:-by tho following vote: DYES; ° Comm:ssioner,.V.ictor De Yurre Commissioner Miriam Alonso 'fix►ice'Mayo,rA, .L.. Plummer, JrgQ . Mayor Xavier (.. Suarez 0QES: ;:Dommiasioner.-Miller J. Dawkins �,._ z j COMNIENS+IAQE DURING Rfllt, GALLS y . ►+Pr uaro: guess it YW wont to iie consistent, I'd vote no but p ssed anyh r� -Yes, i Vote yes. _ y- 194 Mril Z51. 8 1 �y . RUIN 4' N. Ms. Maer: Mr. Mayor, please let me again, and I beg your indulgence. I know that I have been trying your patience tonight, but remember, you need to go on... Mayor Suarez: You have. Not as much as Herb Bailey, but a close second. �£ Yes. Ms. Maer: My goodness, graciousl- Vice Mayor Plummer: And no where near as much as Jorge. So go from there. Mayor Suarez: For a longer period of time. Vice Mayor Plummer: Yes, yes. - - --- -------------------------------------------------------------------- 34. (A) RECONSIDER RESOLUTION 91-77, WHICH MODIFIED THE HERITAGE CONSERVATION BOARD'S DECISION TO MODIFY THE ZONING ADMINISTRATOR'S DECISION CONCERNING LOSS OF 13 TREES AT DADE COUNTY HUMAN RESOURCES CENTER (2500 N.W. 22 AVENUE). (B) MODIFY HERITAGE CONSERVATION BOARD'S DECISION TO MODIFY ZONING ADMINISTRATOR'S DECISION CONCERNING LOSS OF 13 TREES AT DADE COUNTY HUMAN RESOURCE CENTER (2500 N.W. 22 AVENUE), AS FURTHER MODIFIED BY AGREEMENT BETWEEN DADE COUNTY AND VERONICA NAGYMIHALY (EXHIBIT A), SUBJECT TO EXECUTION OF VOLUNTARY DISMISSALS BY NAGYMIHALY (EXHIBITS B & C), AND SUBJECT TO RECEIPT OF GENERAL RELEASE OF ALL CLAIMS AGAINST THE CITY i (EXHIBIT D). ------ ------------------------------------------------------------ ------- Ms._Maer: PZ-7A, please, you need to move to reconsider. Mayor Suarez: Yes. Ms.,Maer: To make a motion, reconsider PZ-7A. _ {, Mayor Suarez;.: Any procedural: things you want us to do that are in line with what we just -did, and we will be willing to do them. Commissioner:De-Yurr.e: Move to reconsider. Ms.:Maer: Youneed to vote on that now. Mayor,'Suarez; Move to reconsider 7A and 7B. So moved by Commissioner De Yurre Ms: Maer:7B''resolution is going to be... the language in 76 in your package wi.th the: exact same'Addition'as'the language that I read amending PZ-fi6. Mayor Suarez:,' All right- Sd understood. r= Com issioner -Aionso: Yes: Mayor Suaraz;_.'And o moved, Commissioner De.Yurre. Seconded, Commissioner. Is °• Alonso; Calt:the roll. �f ,. t k Ms� Na$ymihly: I'fi Shot. Nayorlmor-m Please, you're about to lose what you got. r � e .: _ r April 25 j I s E � T. 3 The following resolutions were introduced by Commissioner ne Yurre, who Moved their adoption! RESOLUTION NO. 91-327 A RESOLUTION RECONSIDERING RESOLUTION NO. 91-77 y ENTITLED "A RESOLUTION, WITH ATTACHMENT(S), MODIFYING THE DECISION OF THE HERITAGE CONSERVATION BOARD WHICH HAD MODIFIED THE DECISION OF THE ZONING ADMINISTRATOR CONCERNING THE LOSS OF 13 TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, LOCATED AT 2500 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA", SAID RESOLUTION NO. 91-77 HAVING BEEN ADOPTED JANUARY 24, 1991. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 91-327.1 A RESOLUTION, WITH ATTACHMENTS, MODIFYING THE DECISION OF THE HERITAGE CONSERVATION BOARD WHICH HAD EARLIER MODIFIED THE DECISION OF THE ZONING ADMINISTRATOR CONCERNING THE LOSS OF 13 TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, LOCATED AT 2500 NORTHWEST 22ND ` AVENUE, MIAMI, FLORIDA; THE HEREIN MODIFICATION REFLECTING THE AGREEMENT DATED APRIL 25, 1991 EXECUTED ON BEHALF OF DADE COUNTY AND VERONICA NAGYMIHALY (ATTACHED HERETO AS EXHIBIT "A"), AND BEING SUBJECT TO THE EXECUTION BY VERONICA NAGYMIHALY OF THE VOLUNTARY DISMISSALS WITH PREJUDICE OF PENDING LAW SUITS (ATTACHED HERETO AS EXHIBITS "B" AND "Cl); AND FURTHER SUBJECT TO EXECUTION OF THE GENERAL RELEASE OF ALL CLAIMS AGAINST THE CITY (ATTACHED HERETO AS EXHIBIT Roil) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolutions were passed and adopted by the following vote: AYES: Commissioner Victor De Yurre `Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayon J. L. Plummer, Jr. Mayor Xavier L. Suarez -NOES: None. ,s ABSENT: None. --------------------------------------------------------------------------- 3a. SECOND: READING .ORDINANCE: AMEND 11000, (a) ARTICLE 16: SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS; (b) ARTICLE 19: APPLICATION FOR VARIANCE- FROM TERMS OF ORDINANCE; (c) ARTICLE 22: AMENDMENTS - ALL CHANGES TO CLARIFY APPLICATIONS FOR SPECIAL EXCEPTION AND VARIANCES .: _AND TO UNIFORMLY REFERENCE PROCEDURES FOR CHANGES TO ORIGINAL APPLICATIONS n (Applicant; Planning, Building & Zoning Dept.). k �TTr-Iw-----ww----------------------------------------------------- or Suarez: PZ-18, or 17? May{ ,,Mr, Joe, McManus: Seventeen. error Suarez: Seventeen. What is this, Joe? Mr. McManus: It's an administration recommendation. It has to do with iAplinations for special exceptions and variances, and there is another Vrovision there On accepting applications. 190 April 25,1991 i COMMENTS MADE AFTER ROLL CALL: Mayor Suarez! That was PZ... what was it we just did? Vice Mayor Plummer: Seventeen. Commissioner Alonso: Seventeen. ------------------- —err-------------------------...—r—....r-------------r..----.r.`.rr..r�r. 36. SECOND READING ORDINANCE: AMEND 11000 - ARTICLE 4 ZONING DISTRICTS (C-1 RESTRICTED COMMERCIAL = PERMITTED PRINCIPAL USES) TO ALLOW BIBLE STUDY CLASSES; (CONDITIONAL ACCESSORY USES) TO PERMIT ALUMINUM RECYCLING MACHINES; (OFF-STREET PARKING REQUIREMENTS) TO PROVIDE REQUIREMENTS FOR BARBER AND BEAUTY SHOPS AND MEETING HALLS; CBD CENTRAL BUSINESS DISTRICT; TO MODIFY INTENT, SCALE, INTENSITY, PERMITTED PRINCIPAL USES, PERMITTED ACCESSORY USES, CONDITIONAL PRINCIPAL USES, CONDITIONAL ACCESSORY USES, CLASS II SPECIAL PERMITS AND OFF-STREET PARKING REQUIREMENTS; ARTICLE 9 (GENERAL AND SUPPLEMENTARY REGULATIONS), ACCESSORY BUILDINGS, etc. - BY PROVIDING FOR NON -HABITABLE ACCESSORY STRUCTURES AND LIMITATIONS ON LOCATION, TO ALLOW ACCESSORY STRUCTURES TO BE LOCATED CLOSER TO THE STREET; FENCES, WALLS AND HEDGES, TO LIMIT HEIGHTS AND OBSTRUCTIONS IN VISIBILITY TRIANGLES IN NONRESIDENTIAL DISTRICTS; ADD NEW SECTION TO PROVIDE STANDARDS FOR ALUMINUM RECYCLING MACHINES, etc. (Applicant: Planning, Building & Zoning Dept.). ------------------------------------------------------------------------------ Mayor Suarez: OK. We've got 18, and 19. Twenty has been withdrawn, and 21 is De Garmo. Is there any controversy on 18 and 19? Mr. Rodriguez: No. Second reading. Mayor Suarez: PZ-18, I'll entertain a motion on it. Does anyone wish to be heard against it? Let the record reflect no one stepped forward. Commissioner De Yurre: Move. Mayor Suarez: It's been moved by Commissioner De Yurre, seconded by Commissioner Alonso. Commissioner Alonso: Yes. Let me ask a question. Fences, walls, how high it was? I don't have recollection. Mr. Rodriguez: I'm sorry, what is the question? Mayor Suarez: On PZ-18 Commissioner Alonso: Eighteen. Mr. Rodriguez: I know you are on 18. What exactly you asked? - I'm sorry. Commissioner Alonso: To limit the height of the wall - how high? Mr. Rodriguez: Eight feet. Commissioner Alonso: I beg your pardon? Mr. Rodriguez: Eight. (.' Commissioner Alonso: Eight? `- Vice Mayor Plummer: Tell me what... as I recalled, these aluminum recycling machines. Do we really want that? Mr. Rodriguez: Yes. You remember that came over here some time ago. You =_ asked us to follow up and prepare the ordinance. It was a machine that will be placed in shopping centers. �r Vice Mayor Plummer: Yes. But do we want that? That's the question. 198 April 25, 199 - s` yi`k'4x`ry 4iaf at` j, fr ,r,-#d=s"4s pfi+'Si pct t iix x Ta 7rs P' �,�4 T � Is • i AE, Mr. ;Rodriguez,. Well, basically, it will take cans only, or something like that. — Mr. Olmedillo: Limited to cans and there is a hole to take cans only. Vice Mayor Plummer: Does the administration, not the Planning and toning, recommend it? Mr. Rodriguez: They are aware of this, and there have been no objection to i this, so that 1s the only thing I can tell you. Vice Mayor Plummer: OK. All right. I'll just... Mayor Suarez: OK. Moved and seconded. Read the ordinance. Call the roll. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY. Vice Mayor Plummer: What is the maximum height of a wall? Commissioner Alonso: Eight, he just said. Mr. Rodriguez Eight. Vice Mayor Plummer:- Eight feet? Commissioner Alonso: So, what are you thinking? Vice Mayor Plummer: I think that's a damn high wall. Commissioner Alonso: It is not. Mayor. Suarez: That's what has been in the code, I think. Almost all our entire lives. i j Mr. McManus: Commissioner, I think, it's been that way for ten years. Mayon Suarez: OK. That's the motion. If...? Commissioner Alonso:What I am thinking is that, we have so many, much higher than that. r Mayor Suarez: Yes. Vice -Mayor Plummer: OK. t - Mayor,Suarez: Call the roll. t - yaN-q 4 t c t j i�`'. Yt> !• t- AN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 110009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; MORE PARTICULARLY, BY AMENDING ARTICLE 4 ZONING DISTRICTS, C-1 "RESTRICTED COMMERCIAL", (PERMITTED PRINCIPAL USES), TO ALLOW BIBLE STUDY CLASSES; (CONDITIONAL ACCESSORY USES), TO PERMIT ALUMINUM RECYCLING MACHINES; (OFF-STREET PARKING REQUIREMENTS), TO PROVIDE REQUIREMENTS FOR BARBER AND BEAUTY SHOPS AND MEETING HALLS; "CBD CENTRAL BUSINESS DISTRICT", TO MODIFY INTENT AND SCALE, INTENSITY, PERMITTED PRINCIPAL USES, PERMITTED ACCESSORY USES, CONDITIONAL PRINCIPAL USES, CONDITIONAL ACCESSORY USES, CLASS II SPECIAL PERMITS AND OFF-STREET PARKING REQUIREMENTS; ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS, SUBSECTION 906.4, "ACCESSORY BUILDINGS AND OTHER STRUCTURES", BY PROVIDING FOR NON -HABITABLE ACCESSORY STRUCTURES; "LIMITATIONS ON LOCATION", TO ALLOW ACCESSORY STRUCTURES TO BE LOCATED CLOSER TO THE STREET; SUBSECTION 908.8, "FENCES, WALL AND HEDGES", TO LIMIT WALL HEIGHTS AND OBSTRUCTIONS IN VISIBILITY TRIANGLES IN NONRESIDENTIAL DISTRICTS; AND BY ADDING A NEW SECTION 940 TO PROVIDE STANDARDS FOR ALUMINUM RECYCLING MACHINES; ARTICLE 25. DEFINITIONS, SECTION 2502, "SPECIFIC DEFINITIONS", TO PROVIDE A DEFINITION FOR BIBLE STUDY CLASSES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of March 21, 1991, was taken up for its second and final reading by title and adoption. On motion of Commissioner De Yurre, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10878. 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. 200 April 25, 1991 ..G:...titrrc.isrcrsrssraaassorrraranarrn:cwtii.a.Ya+i..4r.:�a+i:�.r.�c:a��a.`:cwarri r.rrrrr.r..r..a..as.soa`wy�.aacasr:ra:r+.rw�.�aa. �c:�. S?. SECOND READING ORDINANCE: AMEND 11000 - ARTICLE 4 ZONING DISTRICTS: C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ADD AMBULANCE SERVICE AS SPECIAL EXCEPTION, AND PROVIDE FOR EXPANSION OF EXISTING AMBULANCE SERVICE BY CLASS II SPECIAL PERMIT, etc.; C-2 LIBERAL COMMERCIAL - TO ADD AMBULANCE SERVICE, AND C-2 SIGN REGULATIONS, TO ADD SERIES OF SIGNS AND THEIR LIMITATIONS; ADD NEW SUBSECTION TO PROVIDE LIMITATIONS ON LOCATION, ORIENTATION, SPACING, HEIGHT, TYPE AND EMBELLISHMENTS OF OUTDOOR ADVERTISING SIGNS (BILLBOARDS) WHICH ARE LOCATED WITHIN 660 FEET OF LIMITED ACCESS HIGHWAYS AND EXPRESSWAYS (Applicant: Planning, Building & Zoning Dept.). ------------------------------------------------------------------------------ t Mayor Suarez: PZ-19. Next to the last item. Commissioner Alonso: Move. Mayor Suarez: Moved and seconded by Commissioner Alonso. Does anyone wish to be heard on this item? Let the record reflect no one stepped forward. Read ` the ordinance. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Vice Mayor Plummer: OK. I've got a question in reference to outdoor advertising. Are you ready? — Mr. Rodriguez: Ready. Vice Mayor Plummer: Ready. We have a prohibition in the City of Miami against rooftop signs. Correct? Mr. Joe Genuardi: Yes, sir. Vice Mayor Plummer: OK. What about all of these balloons that we see right on main thoroughfares, that are definitely not for any other purposes than Advertising. Mayor Suarez: Cut them all off. Vice Mayor Plummer: That is rooftop signs in my book. Now, how do you differentiate and allow it, and don't call it a rooftop sign? Mr. Rodriguez: OK. The way to handle that will be, since you are asking that... I had to make a determination as a Planning Director of what that is, because it is not in the ordinance, and based on that, until this appeal... Mayor Suarez: Please do that, and get back to us. It maybe, that it would come within this ordinance. - Mr. Rodriguez: No. This is the second reading. This will be fine. Next time,`yes. y- Mayor Suarez: Or the ordinance he was referring to, that prohibits him. Vice —Mayor Plummer: No. This talks about prohibition of outdoor advertising... ;,.. Mr. -Rodriguez: I know. F Vice Mayor Plummer: ... Six hundred feet within a main thoroughfare, correct? Mr., Rodriguez: Right. Vice Mayor Plummer: Does that not stipulate that? a _ Air, Joe.Genuaroi: May I... Mayor Suarez: So that it could be... xi 201 April 25, 1991 OoMiesioner Mongol The difference could be it's not perpendicular. Mr. doe McManus: it has to be turned away from the expressway. Mr. Cenuardi: May i...? Vice Mayor Plummer: How the hell are you going to hold that balloon. Mr. Rodriguez: Very carefully. Vice Mayor Plummer# That it doesn't go to the expressway? Mayor Suarez: Very carefully. Mr. Genuardi: No. May I say something. We do get some balloons which are put up illegally, and we get after them. Like U-Haul, next to I-95, they had a balloon up there advertising, and we got them to remove it. So, they are not legal. We don't allow outside advertising on balloons. Commissioner Alonso: All of that? Mayor Suarez: Would you get that back to us with a determination possibly. It may be that they are all illegal. Vice Mayor Plummer:. Is this first reading? Mr. Rodriguez: Second reading. It's final. Vice Mayor Plummer: No, no. Then I want to defer it. Commissioner Alonso: But it does not really affect that... Mr. Rodriguez: This is not... - Mayor Suarez: Please, please, please. Vice Mayor Plummer: What? Mr. Rodriguez: This is not dealing with that particular issue. Vice Mayor Plummer: It talks in reference to within six hundred feet of a main thoroughfare` -in outdoor advertising. Now, if it's on the roof, is that not outdoor. advertising? Mayor Suarez: Which is the ordinance that would otherwise be in the books applying to that? Vice Mayor Plummer: - Who in the hell is going to stand up there and say, that balloon is not facing the expressway? r Mayor Suarez: Which is the ordinance that would otherwise applies to that, that`is already in the books, that you were referring to? r:.'aoet Maxwell: You have a couple of :provision that limit outdoor advertising. One, you have to the State Statute... Vice Mayor'Plunmer: That right. That's balloon goes three hundred and sixty } .. degrees.. Mr. Genuardi:, Mr. Commissioner,we had a whole series of regulations on -, outdoor advertising signs, billboards, et cetera, in 9500. In the transition vvor= to ordinance 11000 that was inadvertently omitted. What we did :.' tonight... what you did tonight, was put that back into ordinance 11000. Mayor Suarez: All right. So then, may I say to the Vice Mayor that if this ordinenc6 does'hot prohibit those, then passing it at least, doesn't hurt us i, and! way,# And if it does prohibit it, passing, make sure that we can than onforpa:it' 1f.it dobsn't prohibit it, and your opinion is that it does not t. pr_010it-it, then we must get another ordinance that prohibits them, if that's , what your 9ntention ii;. commissioner 06 Yurres Provided, it doesn't rain. 202 t ri1 - d r jq Mayor Suarez: '?hays assuming it doesn't rain. Vice Mayor Plumor: Another screw up of the 110000 4 Mr, Rodriguez: Bring a list. Commissioner Alonso: Is this the one also address the magic number? Is that the one, Sergio? p= Mr. Rodriguez: I'm sorry? Commissioner Alonso: Is this the one that addresses the magic number that...? r } Mr. Rodriguez: No. Commissioner Alonso: It is the one? -' Mr. Maxwell: It does not change that. Mayor Suarez: Is this the famous one? Commissioner Alonso: Yes. Mr. Rodriguez: No. It doesn't change that one though. No. Mayor Suarez: The famous one along 1-95? Commissioner Alonso: That's the one. Vice -Mayor Plummer: One other question. Does this address the issue of how many signs a particular... outdoor signs can be on a particular...? Commissioner Dawkins: I move 21. ,. Commissioner.Alonso: Oh my. Do you want to stay here all night?, Vice Mayor: P1 umner: < I'm asking. Does this address that i ssueT Mr,.: McManus: yes, sir. Vice, Mayor;Plumners OK And how many signs can you have on a building - outdoor.� signs? Commissioner Dawkins: I move 21. Vice 'Mayo- Pl,ummer: -It's not nine o'clock yet. You can't leave until then. Your check .is made out, and payable at 9:01 p.m. �f Mr. Rodriguez: Which one he wants? Mayor Suarez: We have one other item. Vice Mayor Plummer: Which is... hey, I understand that it will be withdrawn, Commissioned Alonso: That's what she said. � y4: Y 4Mayor Plummer: All right, deferred, Ms. Matt► Hirai:; No, we need to call the roll; Mr. Mayor. Commissioner.Alonso: So what do we do? �s r Hirai: We need to cal 1, the roil on this one. �,5 lr. McManus: This is wa11` signs off site. µ�. ,:;• S. .. . ; '. _ 2 ry �►90lyor Plt:mner: iVon On site. How many wall signs can a,.,?tYY( t fit.'?• ',. .. .,. z r• y.1 .P fle Yurres Wo ..tha"k you- for:. th+s confluence of nature's mlrecl�� +�{/,ixl���n�r r Wrh 3I 1 3. S[ .('+, 203fii 2� Comissioner Alonso: We can take it at the beginning, but at the end to? Mr. Rodriguez: Ground or free standing signs on site, shall be limited to one sign of 40 square feet of area for each phase, for each business or each 50 ; feet of street sign frontage whichever shall yield the largest area. Commissioner Alonso: Who said you cannot even answer? Vice Mayor Plummer: One sign per 40 square feet? Mr. Rodriguez: You want me to define it again? One sign of 40 square feet of sign area for each phase, for each business. Commissioner De Yurre: Turn off the TV. Turn off the Camera. a Commissioner Alonso: I am sorry that I asked that. Vice Mayor Plummer: Well let me tell you something. I don't know in the hell you're going to enforce that one. I'll show you one building I saw this afternoon... Mr. Rodriguez: Oh, please. Vice Mayor Plummer: ... it has nine signs on each face. Unidentified Speaker: Signs? Vice Mayor Plummer: Yes. Mr. Mc Manus: Commissioner, if you would give us the address, we'd be happy to send inspectors. Vice Mayor Plummer: Hey, if you want to clutter the environment. with the manatees, go right ahead. I don't give a damn. Mr. Rodriguez: Manatees? OK. So, it wasn't... was moved from second? Commissioner Dawkins: So what are we going to do with the item? Mayor Suarez: We have a'motion and a second -on PZ-19. You've read the .ordinance? -; Mr. Rodriguez: Yes. Mayor ;Suarez: Cal the roll,:please. Mrs.,Hirai: Vice Mayor Plummer. r Vice Mayor, Plummer: Hell, no! `. Mrs. Hirai:' Commissioner Alonso. Comnissioner''Alonso: ,` Yes. Mrs. Hirai:' Commissioner Dawkins. a Commissioner Dawkins:' I'm going to vote like 'my blood brother; no, _� .... M r i T".1 H ir4 f iCommissioner De Yurre. Commissioner' De, Yurrei I' I l vote no, too. Mr, Ro r.igueY: , ;I don't believe this. oprissiogar Al+Dn$o. I tali t baiieVe'it. F Vice MarQr fluor:: `fou'ra a geRtl4n, a scholar, and a taster of damn fine ;4 ;t l to vote, 79 1 3: f,',u4rep. Moved r"Tonsider that or redo the roll c411 plow+*# , 1 e. 4r Pl Ulmor; What? Are yQu 1 ni shed with the roll call ? { '� r Y s 204 April 26, 1i$ r }� tie } - �k k, 1 Tk E__ORDINANCE. WAS. DE IGNAT9D. O1, DI PpNCE O. 10879, { The City Attorney read the ordinance into the announced that copies were available to the members of the to the public. COMMENTS MADE DURING ROLL CALL: f public record and City Commission and Vice Mayor Plummer: To reconsider? Ms. Hirai: Yes, sirs r Mayor Suarez: No, we never finished the roll call. We're just doing the roll call ... Mr.`Rodriguez: Again. Mayor Suarez: Correctly. y Commissioner Alonso: We are not making her job very easy, I tell you. Mayor Suarez: The same roll call. Vice Mayor Plummer: Same roll call. Ms. Hirai: Same roll call. Vice Mayor Plummer: I reconsider and vote yes, with the assurances that these i are going... Mayor Suarez: Fine, folks. -------------------------------------------------------------- --------- --- 38. DISCUSS AND CONTINUE APPEAL BY COCONUT GROVE CIVIC CLUB OF ZONING BOARD'S DECISION TO REVERSE ZONING ADMINISTRATOR'S DECISION THAT AN ;' Y APPLICATION FOR HEARINGBEFOREHERITAGE CONSERVATION BOARD DID NOT MEET REVIEW REQUIREMENTS UNDER ORDINANCE 9500 ' (Continued to May 23rd) „(Applicant: DeGarmo Partnership Ltd.). ------------------------------------------ ------------ ---- - -- --- --- ------ ---- Mayor Suarez:, PZ-21. item. i "Last Rodriguez: We need to get Mr. -Held and Ms. Dorothy -on the °record. Mayor Suarez: I'm sorry? .'' Commsaioner; Alonso: Twenty-one, De Garmo. Mr. Rodriguez": r be Garmo. We need to get both of them on the record to ask fr' �� f9r a cpn�inuance. If;:that's... Y�ce Mayor Pslummet: They are asking -:for a deferment, right? Y. Mr. Gary Heid: Yes, sir. I'1I like to give a one minute report if that's t Mayer .'Suarez: All right. Do we. need to swear them in on an agreement to r' defer an Item? I hope not.; OK. I'm going to... Mre Joel. Maxwells This is a Zoning item. You should swear them in. * r Mayor, Sur+sl" Well, but I wss thinking that it was a procedural... h LL trt Mrs►eli:. You; should swear "them its, sir.`: L y AsQ/yw■M■ �/) kYj j ^(�� }.�tQ �rR�/�i - ,/[� F� i7NA Q RA]ry) CLERK•AONT INI IN3lR�l�#R.1R�r7R�--: OATH. 5 Ri}•>ife?!'Cr'RA���t :1 TO 300SE PERSONS GIVING TEST114ONY ON ZONING ISSUES. i 06 s� .. /}� it r I t 1i1 RJ 7 . ' 4 ,ryvQ -��'a.�.k ♦�'.. ..�'F /',. a}�.-� a-nM..aa yr .-a.l. -.s.+. r -c ,^.. .., .. u. .�' .. :off. -; ....a -.. .ro.L �. _.. .. t ... .d_}a4-.n�. -,1 ..-y :,-yi.. 12 s�� mv_ � C�# r(d` Mr, Held: dary Meld, with the fiM of Milledge A Iden, 2100 Ponce. I'd just like to inform the Commission that we are presently..d both parties are working with staff to agree on a covenant that would be enforceable by the City. Hopefully, we will be able to come back to you next month with a — covenant to proffer a settlement of this action. Mayor Suarez: I hope so. iS Vice Mayor Plummer: "A nomine patrie, et filie, et espiritu santo.1' 4 Mayor Suarez: On the continuance, call the roll please. Do we have a motion and a second Madam City Clerk? _. Commissioner Dawkins: You've got a motion and a second? Move it. Mayor Suarez: Moved. Commissioner Alonso: Second. Mayor Suarez: And seconded. Call the roll. ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY I COMMISSIONER ALONSO THE ABOVE ITEM WAS CONTINUED TO THE COMMISSION MEETING ON MAY 23RD, BY THE FOLLOWING VOTE. t AYES: Commissioner Victor Be Yurre Commissioner Miller J. Dawkins Commissioner Miriam Alonso Vice Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez i is NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: -; Commissioner Dawkins: Let me ask one question from you. a ., 2 . Vice Mayor Plummer: BUENAS NOCHES. dt Commissioner Dawkins: When you wanted to build more houses, didn't the. homeowners say, less density? 31 Ms. Mary .Webber: For your information, this is very important. And it would be nice if you would all listen to the answer to this. The issue of density was never ever addressed in Be Garmo estates.' Commissioner .Dawkins: But yet still, those people from St.Huges this afternoon was saying... I mean, they lied on Be Garmo. Ms.. Webber: Never touched." Unidentified Speaker: It was all setbacks, r NOTE: At this point, the Commission commends Miriam x ! ' Maer for fulfilling so admirably the duties of City. n- Attorney today. Vice Mayor .Plummer: Mr. Mayor, can we make a resolution commending Miriam Ai *or .for doing a fine today? ,fob . mmiseioner Alonso: Yes. De Yiurre; oC mjssioner And a ten percent raise. x., 207 April Vice Mayor Plummer: And a ten percent... no, t didn't say that. No, no, no. I didn't say a damn thing About ten percent raise. — Mayor Suarez: Comission meeting is adjourned. Va THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY CONNISSION, THE MEETING WAS ADJOURNED AT 8:47 P.M. ATTEST: Natty Hirai CITY CLERK Walter J. Eowun ASSISTANT CITY CLERK