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HomeMy WebLinkAboutCC 1990-10-25 MinutesCITY OF MIAMI I NCORP1011ATEI) 18296 p Oc,F OF MEETING HELD ON OCTOBER 25, 1990 PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk 13 ITEM NO. 2. 3. 4 5. 5.1 5.2 RE 7. INDEX MINUTES OF REGULAR MEETING October 25, 1990 SUBJECT LEGISLATION MAYOR SUAREZ PRAISES POLICE DEPARTMENT DISCUSSION ON REDUCED CRIME STATISTICS FOR MIAMI. 10/25/90 PRESENTATIONS, PROCLAMATIONS, AND DISCUSSION SPECIAL ITEMS. 10/25/90 BRIEF DISCUSSION ON ENCEPHALITIS DISCUSSION OUTBREAK IN FLORIDA - DIRECT 10/25/90 ADMINISTRATION TO LIAISE WITH HEALTH DEPARTMENT CONCERNING SPRAYING FOR MOSQUITOES IN CITY PARKS. PRESENTATION: DECLARE OCTOBER 25, 1990 DISCUSSION AS SOUTHERN BELL DAY. 10/25/90 CONSENT AGENDA DISCUSSION 10/25/90 ACCEPT BID: LLOYD STEIER - FOR R 90-820 FURNISHING FOUR PUREBRED GERMAN 10/25/90 SHEPHERD DOGS TO POLICE DEPARTMENT (Project 690001). ACCEPT PLAT: NEW WORLD CENTER R 90-821 BICENTENNIAL PARK. 10/25/90 DISCUSS AND TEMPORARILY TABLE PROPOSED M 90-822 ACCEPTANCE OF PLAT ENTITLED CHINATOWN 10/25/90 (See label 10). (A) STIPULATION BY CITY COMMISSION THAT M 90-823 IF A DECISION WERE MADE TO ELIMINATE M 90-824 THE PRIVILEGE OF TAKE HOME CARS FROM 10/25/90 EMPLOYEES NOT RESIDING WITHIN CITY LIMITS, AFFECTED CITY EMPLOYEES WOULD BE GIVEN A PERIOD OF 30 DAYS FOR COMPLIANCE THEREWITH. (B) INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION ESTABLISHING A CITY RESIDENCY REQUIREMENT FOR ALL CITY OF MIAMI EMPLOYEES (INCLUDING AGENCIES AND AUTHORITIES WHOSE BUDGETS ARE APPROVED BY THE CITY OF MIAMI COMMISSION) - DIRECT MANAGER TO INCLUDE CITY RESIDENCY REQUIREMENT IN ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS - PROVIDE EFFECTIVE ENFORCEMENT DATE. (See label 32) PAGE NO. 1 2 2-3 4 4-5 5 5-8 9-35 v 011 8. URGE DEPARTMENT OF OFF-STREET PARKING M 90-825 35-55 TO SELL TO THE CITY, AT COST, MUNICIPAL 10/25/90 LOT 10 IN SUPPORT OF THE NEW WASHINGTON HEIGHTS COMMUNITY BASED ORGANIZATION'S HOTEL PROJECT (AT N.W. 1 STREET AND N. MIAMI AVENUE ON SOUTH SIDE OF N.W. 5 STREET). 9. DISCUSSION CONCERNING TRAFFIC DISCUSSION 55-60 CONGESTION AND BARRICADE PROBLEMS IN 10/25/90 THE BAYSIDE NEIGHBORHOOD. 10. ACCEPT PLAT: CHINATOWN (See label 6). R 90-826 60-65 10/25/90 11. CLAIM SETTLEMENT: RUSSELL, INC. R 90-827 65-68 ($90,000). 10/25/90 12. EMERGENCY ORDINANCE: AMEND ORDINANCE ORDINANCE 68-76 10648 - FOR PURPOSES OF IMPLEMENTING 10803 BUDGETARY ADJUSTMENTS TO COMPLY WITH 10/25/90 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 13. FIRST READING ORDINANCE: AMEND CODE ORDINANCE. 76-77 SECTION 2-302 (CONFLICTS OF INTEREST) - first reading AUTHORIZE APPEARANCES BY MEMBERS OF 10/25/90 CITY BOARDS, COMMISSIONS AND AGENCIES BEFORE CITY COMMISSION TO REPRESENT THIRD PARTIES - CONTINUE PROHIBITION ON APPEARANCES BEFORE MEMBER'S OWN BOARD, COMMISSION OR AGENCY. 14. DISCUSS AND DEFER TO A FUTURE MEETING M 90-828 78-83 PROPOSED RESOLUTION AUTHORIZING 10/25/90 EXECUTION OF CONSENT TO LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR ITS ENCROACHMENT UPON A RIPARIAN AREA OF THE MIAMI RIVER - FOR CONSTRUCTION OF THE METROMOVER MIAMI RIVER BRIDGE PIER AND FENDER SYSTEM BY DADE COUNTY. 15. AUTHORIZE SOLICITATION OF PROPOSALS FOR R 90-829 83-84 PROVISION OF MOBILE DIGITAL TERMINALS. 10/25/90 16. APPOINT INDIVIDUAL AS MEMBER OF THE R 90-830 84 MIAMI SPORTS AND EXHIBITION AUTHORITY 10/25/90 (Appointed was Tony Marina). 17. DISCUSS AND DEFER APPOINTMENT OF DISCUSSION 84-86 INDIVIDUALS TO SERVE ON THE ZONING 10/25/90 BOARD - DIRECT ADMINISTRATION TO EXTEND DEADLINE FOR RECEIPT OF APPLICATIONS. 18. APPOINT INDIVIDUAL TO SERVE ON THE R 90-831 86-87 HERITAGE CONSERVATION BOARD (Appointed 10/25/90 was: Francisco Avellanet). 19. APPOINT INDIVIDUALS TO CITYWIDE R 90-832 87-91 COMMUNITY DEVELOPMENT ADVISORY BOARD 10/25/90 (Appointed were: Dennis Scholl and Irby McKnight.) r 20. (A) EXTEND TERMS OF OFFICE FOR ALL R 90-833 PRESENT MEMBERS OF THE CITYWIDE 10/25/90 COMMUNITY DEVELOPMENT ADVISORY BOARD TO DESIGNATED DATE OR UNTIL SUCCESSORS ARE APPOINTED. (B)DISCUSSION CONCERNING ROTATION OF COMMISSIONERS SERVING AS MEMBERS OF CERTAIN BOARDS/COMMITTEES. 21. DISCUSS AND TEMPORARILY TABLE DISCUSSION APPOINTMENT OF INDIVIDUALS OF THE MIAMI 10/25/90 STREET CODESIGNATION REVIEW COMMITTEE (See label 23). 22. DIRECT ADMINISTRATION TO INFORM LATIN M 90-834 STARS TO IMMEDIATELY CEASE PLACEMENT OF 10/25/90 STARS IN THE SIDEWALKS OF S.W. 8 STREET (CALLE OCHO) - STIPULATE THAT ALL PROPOSED HONOREES MUST FIRST HAVE CITY COMMISSION APPROVAL, AND REQUISITE OFFICIAL PERMITS, PRIOR TO INSTALLATION OF STARS. 23. (Continued Discussion) APPOINT R 90-835 INDIVIDUALS TO THE MIAMI STREET 10/25/90 CODESIGNATION REVIEW COMMITTEE (Renominated were: Christina de Olivera, Pablo Acosta and Robert Young) See label 21). 24. APPOINT INDIVIDUAL TO THE PRIVATE R 90-836 INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA 10/25/90 (Appointed was Esther Sabrino). 25. APPOINT INDIVIDUALS TO THE R 90-837 INTERNATIONAL TRADE BOARD (Appointed 10/25/90 were: Dorothy Baker - regular member, and Eursla Wells - alternate). 26. CONFIRM SELECTION OF INDIVIDUAL FOR R 90-838 APPOINTMENT TO THE AFFIRMATIVE ACTION 10/25/90 ADVISORY BOARD (Appointed was: Sergeant Kevin McKinnon) 27. DISCUSS AND TEMPORARILY TABLE DISCUSSION APPOINTMENT OF INDIVIDUALS TO THE 10/25/90 AFFIRMATIVE ACTION ADVISORY BOARD (See label 31). 28. APPOINT INDIVIDUALS TO THE CITY M 90-839 COMMISSION YOUTH TASK FORCE (Appointed 10/25/90 were: Honorable Phillip Davis, Ursula Ungaro-Benages, John Bennett, Major Jesse Williams, Judge William Gladstone, Mickey Minagorri, Barbara Wade, Sergeant Joseph Rimondi, Judge Petersen, Andrew Haig, Xavier Cortada and Dr. Jose Szapocznik; pending still are six appointments). 29. GRANT REQUEST FROM FLORIDA HOUSING M 90-840 COOPERATIVE, INC. - FOR CASH ADVANCE OF 10/25/90 $10,000 TO COVER AN OUTSTANDING SECOND MORTGAGE PAYMENT IN CONNECTION WITH THE COOP BUILDING (626 S.W. 4 AVENUE), SECURING CITY A SECOND MORTGAGE POSITION. 87-91 91-92 92-98 99-100 100 101-102 102 103 103-106 107-111 f #I 30. (A) RECORD PROTEST FROM MR. ALBERT DISCUSSION ELDRIDGE REGARDING PRESENT TALKS 10/25/90 CONCERNING PLACEMENT OF BASEBALL STADIUM IN BICENTENNIAL PARK. (B) REQUEST ADMINISTRATION TO PROVIDE INFORMATION REGARDING CLOSING TIME FOR CITY PARKS. 31. (Continued Discussion) APPOINT R 90-841 INDIVIDUALS TO THE AFFIRMATIVE ACTION 10/25/90 ADVISORY BOARD (Appointed was: Frankie Rolle; still pending are two appointments) (See label 27). 32. (Continued Discussion) FIRST READING ORDINANCE ORDINANCE: ESTABLISH THAT ALL PRESENT first reading CITY EMPLOYEES (WITH CERTAIN 10/25/90 EXCEPTIONS) SHALL ESTABLISH RESIDENCY WITHIN THE CITY BY A DESIGNATED DATE - PROVIDE THAT NEWLY HIRED EMPLOYEES SHALL ALSO ESTABLISH AND MAINTAIN CITY RESIDENCY - DIRECT CITY MANAGER TO NEGOTIATE INCLUSION OF THE RESIDENCY REQUIREMENT IN ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS - PROVIDE GUIDELINES REGARDING VIOLATIONS OF SAID REQUIREMENTS (See label 7B). 33. EXECUTE AGREEMENT WITH PEPSI-COLA R 90-842 COMPANY (A DIVISION OF PEPSICO, INC.) 10/25/90 AND CONTRACT CONNECTION, INC. - FOR DONATION OF TWO PLAYGROUNDS TO BE INSTALLED IN SHENANDOAH AND REEVES PARK. 34. ACCEPT CASH DONATION FROM STREETBALL R 90-843 PARTNERS, INC. - FOR PARKS DEPARTMENT - 10/25/90 FOR 1990 DIET PEPSI HOOP -IT -UP BASKETBALL EVENT - EXECUTE AGREEMENT. 35. DECLARE DECEMBER 11, 1990 AS THE M 90-844 COMMUNITY DAY FOR HARMONY, URGING UNITY 10/25/90 OF THE DIFFERENT CULTURES IN OUR COMMUNITY. 36. ACCEPT BID: MAROONE CHEVROLET - FOR R 90-845 FURNISHING 80 POLICE PURSUIT VEHICLES - 10/25/90 FOR POLICE DEPARTMENT (Project 509000). 37. DISCUSS AND TEMPORARILY TABLE UNTIL DISCUSSION AFTER 5:00 P.M. CONSIDERATION OF AGENDA 10/25/90 ITEMS PZ-7 AND PZ-8 (See label 39). 38. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS - CHANGE THE R-4 DESIGNATION 10804 (MULTI FAMILY HIGH DENSITY RESIDENTIAL) 10/25/90 AT 596 N.W. 49 AVENUE, AND THE R-2 DESIGNATION (TWO FAMILY RESIDENTIAL) AT 4901 N.W. 5 STREET, TO C-1 (RESTRICTED COMMERCIAL) (Applicant: Planning, Building & Zoning Dept.). 39. (Continued Discussion) CONTINUE AGENDA DISCUSSION ITEMS PZ-7 AND PZ-8 TO PLANNING AND 10/25/90 ZONING MEETING PRESENTLY SCHEDULED FOR NOVEMBER 8TH (See label 37). 119-120 121-127 127-128 128-129 129-130 130-132 132-134 134-135 136 v. rj 40. FIRST READING ORDINANCE (MIAMI ORDINANCE 136-142 COMPREHENSIVE NEIGHBORHOOD PLAN): AMEND first reading FUTURE LAND USE MAP - CHANGE LAND USE 10/25/90 DESIGNATION AT 3301 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL, WITH PROVISOS (Applicant: McDonald's Corp.) 41. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 142-143 ATLAS - CHANGE DESIGNATION AT 3301 S.W. first reading 22 TERRACE FROM R-2 (TWO FAMILY 10/25/90 RESIDENTIAL) TO C-1 (RESTRICTED COMMERCIAL) (Applicant: McDonald's Corp.) 42. FIRST READING ORDINANCE: AMEND J.1000 ORDINANCE 143-146 ATLAS - CHANGE ZONING CLASSIFICATION first reading FOR AREA BOUNDED BY S.W. 2 AVENUE AND 10/25/90 THE I-95 RIGHT-OF-WAY, BETWEEN THE MIAMI RIVER AND S.W. 2 STREET FROM SD-4 WATERFRONT INDUSTRIAL AND O-OFFICE TO SD-15 RIVER QUADRANT MIXED USE DISTRICT (Applicant: Planning, Building & Zoning Dept.) 43. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION 147-151 RESOLUTION FOR VACATION AND CLOSURE OF 10/25/90 TRIANGULAR PORTION ON SOUTH SIDE OF N.E. 69 STREET LOCATED 1032' EAST OF BISCAYNE BOULEVARD AT THE CURVILINEAR PORTION OF SAID STREET (Applicant: Vendome Equities, Inc.) (See label 52). 44. EMERGENCY ORDINANCE: AMEND CODE SECTION ORDINANCE 151-154 39-17 - PROHIBIT VENDING FOR ONE-YEAR 10805 PERIOD ON FLAGLER STREET DEMONSTRATION 10/25/90 BLOCK (N. AND S. FLAGLER STREET BETWEEN MIAMI AVENUE AND E. 1 AVENUE). 45. AUTHORIZE ADMINISTRATION TO ADOPT M 90-846 154-156 TRAFFIC DIVERSION PLAN (DESIGNATED AS 10/25/90 ALTERNATIVE NO. 3 ) FOR AREA OF S.W. 33 AVENUE BETWEEN S.W. 8 AND 12 STREETS TO ALLEVIATE TRAFFIC CONGESTION. 46. SECOND READING ORDINANCE: AMEND 11000 - ORDINANCE 157-159 BY AMENDING OFFICIAL SCHEDULE OF 10806 DISTRICT REGULATIONS AND ARTICLE 4 10/25/90 ZONING DISTRICTS, R-2 TWO FAMILY RESIDENTIAL DISTRICT, PERMITTED PRINCIPAL USE, R-3 MULTI FAMILY MEDIUM DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL, USES, R-4 MULTI FAMILY HIGH DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, AND 0-OFFICE, CONDITIONAL PRINCIPAL USES - TO CORRECT ERRORS BY REFINING DISTANCE REQUIREMENTS AND REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY BASED RESIDENTIAL FACILITIES (CBRF) (Applicant: Planning, Building & Zoning Dept.) 0 47. FIRST READING ORDINANCE: AMEND 11000 - DELETE ARTICLE 7. HC HERITAGE CONSERVATION OVERLAY DISTRICTS - SUBSTITUTE NEW ARTICLE 7 (HP HISTORIC PRESERVATION OVERLAY DISTRICTS ) - PROVIDE FOR: INTENT, APPLICANT OF DISTRICT, EFFECT OF DISTRICT, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PRESERVATION OFFICER, CONDITIONAL USES AND DEVIATIONS AND APPEALS (Applicant: Planning, Building & Zoning Dept.) 48. FIRST READING ORDINANCE: AMEND CODE - ADD NEW CHAPTER 23.1 (HISTORIC PRESERVATION) - PROVIDE FOR: INTENT AND PURPOSE, DEFINITIONS, PRESERVATION BOARD, PRESERVATIONS OFFICER, DESIGNATION OF HISTORIC SITES, HISTORIC DISTRICTS, AND ARCHEOLOGICAL ZONES, CERTIFICATES OF APPROPRIATENESS, AND ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES - AMEND CHAPTER 62 - DELETE ARTICLE VII HERITAGE CONSERVATION BOARD - SUBSTITUTE NEW ARTICLE VII PRESERVATION BOARD - PROVIDE FOR: ESTABLISHMENT, MEMBERSHIP, FUNCTIONS, POWERS, AND DUTIES, GENERALLY, PROCEEDINGS, COMPENSATION, AND PRESERVATION OFFICER (Applicant: Planning, Building & Zoning Dept.) 49. FIRST READING ORDINANCE: RENAME EXISTING ENVIRONMENTAL PRESERVATION DISTRICT AND SCENIC TRANSPORTATION CORRIDORS, OFFICIAL ATLAS OF THE CITY OF MIAMI, AS: THE OFFICIAL PRESERVATION ATLAS OF THE CITY OF MIAMI, FLORIDA - RELOCATE INTO NEW PRESERVATION ATLAS PROPERTIES WHICH ARE DESIGNATED AS HC-1 AND HC-2 OVERLAY DISTRICTS IN 11000 ZONING ATLAS - RENAME AND CLARIFY RELOCATED HC-1 AND HC-2 OVERLAY DISTRICTS ACCORDING TO THEIR HISTORIC CLASSIFICATION (i.e., HISTORIC SITE, HISTORIC DISTRICT, OR ARCHEOLOGICAL ZONE) - RETAIN DESIGNATION IN SAID ATLAS OF ALL PROPERTIES SHOWN THEREIN AS HC-2 OVERLAY DISTRICTS, IN ADDITION TO THEIR BEING IN SAID PRESERVATION ATLAS - RENAME SAID HC-2 OVERLAY DISTRICTS IN SAID PRESERVATION ATLAS AS HP OVERLAY DISTRICTS (Applicant: Planning, Building & Zoning Dept.) 50. FIRST READING ORDINANCE: AMEND 11000 - AMEND OFFICIAL SCHEDULE OF DISTRICT REGULATIONS - ADD ASTROLOGERS, PALMISTS, FORTUNE TELLERS AND PHRENOLOGISTS AS PERMITTED PRINCIPAL USES IN C-2 LIBERAL COMMERCIAL ZONING DISTRICT (Applicant: Planning, Building & Zoning Dept.) ORDINANCE first reading 10/25/90 ORDINANCE first reading 10/25/90 ORDINANCE first reading 10/25/90 ORDINANCE first reading 10/25/90 160-162 162-163 163-164 164-166 0 f 51. 52 53. DISCUSSION REGARDING CONCERNS FROM DISCUSSION NEIGHBORS OF THE SHENANDOAH AREA ABOUT: 10/25/90 (a) DETERIORATION OF AREA DUE TO PROLIFERATION OF ROOMING ARRANGEMENTS IN A SINGLE FAMILY AREA; (b) NEED FOR GREATER (STRICTER) CODE ENFORCEMENT; AND (c) HEAVY CONCENTRATION OF ACLFs IN THE AREA. (Continued Discussion) CONTINUE M 90-847 CONSIDERATION OF PROPOSED RESOLUTION 10/25/90 CONCERNING VACATION AND CLOSURE OF TRIANGULAR PORTION ON SOUTH SIDE OF N.E. 69 STREET LOCATED 1032' EAST OF BISCAYNE BOULEVARD AT THE CURVILINEAR PORTION OF STREET TO PLANNING AND ZONING MEETING PRESENTLY SCHEDULED FOR NOVEMBER 8TH (Applicant: Vendome Equities, Inc.) (See label 43.) (A) APPROVE MAJOR USE SPECIAL PERMIT R 90-848 (WITH CONDITIONS) FOR THE BRISTOL TOWER 10/25/90 PROJECT LOCATED AT 2127 BRICKELL AVENUE (145 CONDOMINIUM UNITS AND 14 LODGING UNITS) (Applicant: Bristol Tower Limited Partnership). (B) INSTRUCT ADMINISTRATION TO BRING BACK APPROPRIATE LEGISLATION ELIMINATING BOTH THE PRESENT 20% AND 25% BONUSES CONCERNING OVERLAYS. 166-182 182-183 184-227 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of October, 1990, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:18 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner Victor De Yurre ALSO PRESENT: Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Dawkins then led those present in a pledge of allegiance to the flag. 1. MAYOR SUAREZ PRAISES POLICE DEPARTMENT ON REDUCED CRIME STATISTICS FOR MIAMI. Mayor Suarez: I see a certain number of uniforms out there. I want to reaffirm the Manager's memorandum - I think it was directed to the Chief, was it not? And to the entire Police Department of the City of Miami and the good citizens of our City for the latest FBI crime statistics showing Miami to have declined by 14.4 percent in serious crimes. Something that we hope that the media will spread, and so far they have been doing that and it just, I think, a tribute to not only the officers, but the citizens who are cooperating with them and we just hope that trend continues. It really is beginning to pickup nationally. We had a program that was taped yesterday where a lot of the questions had to do with Miami's success in combatting drtigs, street sale of drugs, serious crimes, homicides, the whole gamut, and we're proud of that. We've had a few problems in the past and it's nice to know that things are heading in the right direction. a F 1 October 25, 1990 r f. 2. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS. 1. Commendation to Miami Police Officers Jose Perez and Alejandro Mendez for being cited as "Most Outstanding Police Officers for the Month of September, 1990," for their dedication and determination as police officers and for making 38 felony and 89 misdemeanor arrests in just 15 working days. 2. Proclamation: "El Dia en memoria de Los Martires de la Causa del Escambray," five Cuban heroes who died in their Motherland 30 years ago, fighting for democracy and freedom. ------------------------------------------------------------------------------ 3. BRIEF DISCUSSION ON ENCEPHALITIS OUTBREAK IN FLORIDA - DIRECT ADMINISTRATION TO LIAISE WITH HEALTH DEPARTMENT CONCERNING SPRAYING FOR MOSQUITOES IN CITY PARKS. ------------------------------------------------------------------------------ Vice Mayor Dawkins: While the Mayor is doing that, I'd like to take a special privilege to see if I could bring something to the attention of the Commission and to see if we can't perhaps follow in line. Everyone seems to think that the encephalitis epidemic is serious. Since the School Board is not having any activities after dark, I was wondering if I would be in order if I asked the Manager to get with the Health Department and see if maybe our public parks should not be closed at dark and get the kids out of the atmosphere. I don't know. Commissioner Alonso: They are closed. They are. Vice Mayor Dawkins: Some of them - no... Mayor Suarez: Some go a little bit into the evening hours, yes. Vice Mayor Dawkins: Some are open until 10:00 p.m. Mayor Suarez: I think Wainwright Park stays open. Vice Mayor Dawkins: Hadley Park stays open until ten. Mayor Suarez: Would you report back on that, Mr. Manager, at some point during the day? Mr. Odio: We had a meeting yesterday because we had received word that the School Board was taking action and we were talking about closing two hours before sundown and opening at dusk. And we are going to do that as of today. Vice Mayor Dawkins: I think that would be the wishes of this Commission if you did that. Mr. Odio: Yes. Vice Mayor Dawkins: Would you agree? My members agree? Mayor Suarez: If this is considered to be a health hazard and if the School Board has looked at it as carefully... Mr. Odio: Yes. Mr. Albert Ruder: We checked with the County, and the County, as of last night, they were continuing with their activities, but they rescheduling as many of their activities as possible to daytime, because that's what the Health Department suggested. So, we're constantly monitoring that. At this time, we're rescheduling our flag football leagues which we sponsor ourselves and we're rescheduling them to daytime and we're warning any other organized group that uses the park for an event, we're going to have them sign a release that the Law Department is... 2 October 25, 1990 Vice Mayor Dawkins: No, there would be no release signing. I mean, a release is nothing if a kid dies from encephalitis, we got a signed agreement. Mr. Ruder: OK, OK. NOTE FOR THE RECORD: Commissioner De Yurre entered the meeting at 9:26 a.m. Vice Mayor Dawkins: Just close it. Thank you, sir. I mean, that's how I feel. I don't know... Commissioner Plummer: Yes, I agree. Question, Mr. Manager, for the first time, after all of this duration of that's been going on, the first time last night, about 10:30, a truck went by my house spraying. I am concerned that the County is not adequately doing in the City what they should be doing. This scare has been going on for some time. Should we, the City, consider - because from the mechanism I saw, it's on the back of a pickup truck - should we be considering an emergency situation to put in a couple of pumps on the back of pickups to protect our people? -because the County's doing it and I saw the plane last night was in Perrine, which is where the outbreak of the lady who got infected was. I can't envision that it would be an awful lot of money to get two or three of those machines... Mr. Odio: It's not the money, it's the manpower and you're involved now in an area that the County is responsible for. What we should do is ask the County... Commissioner Plummer: But are they adequate? That's my question. Mr. Odio: Yes, they are, because I have seen the... Commissioner Plummer: One time in my neighborhood is adequate? Mr. Odio: For your neighborhood, yes. Commissioner Plummer: Listen, you sorry sucker, you live there also. Mr. Odio: That's why I said that. We don't have any standing water... Mayor Suarez: Let the record reflect he meant, you sad individual. Commissioner Alonso: And are they doing it all through the City of Miami? Mr. Odic: Yes, they are, Commissioner. Commissioner Alonso: Are they? Mr. Odio: They have been active. The areas that are the worst, as I was told yesterday by the Health Department, are the areas with more trees and intense vegetation and standing water in the street. Vice Mayor Dawkins: But, even though J.L. is expert, I have to comment on what he said. If you spray in Perrine and the wind is blowing and the mosquitoes get ahead of the spray, they end up in Miami. So, if they're spraying in Perrine, let's spray in Miami and let them catch them in the middle there some place. Mr. Odio: From what I've been told, the mosquitoes are not very smart, so... but, if you want to, I will check with the County to see if they can intensify... Vice Mayor Dawkins: Mr. Mayor, I think we've had enough of... Mayor Suarez: Yes, yes, thank you, thank you, I hope we don't debate the... Commissioner Plummer: Miller, you have one relief, they say that it's only the female mosquitoes that are pregnant that bite and up in your neighborhood, uh uh. 3 October 25, 1990 f 4. PRESENTATION: DECLARE OCTOBER 25, 1990 AS SOUTHERN BELL DAY. Mayor Suarez: I see Fernando Figueredo here and I also see a resolution now signed by all of us. This was presumably scheduled for today and if so, Fernando, would you come around the back. Commissioners, I'd like to read part of this resolution. Southern Bell, I have to say, is the quickest response to every time that we need any kind of donation to any important program, most recently, to Miami -Dade Chamber of Commerce for their seminar that Southern Bell contributed for the expenses of the experts. So, the resolution reads, in part: "Whereas, affordable information services are not widely available to small and medium sized businesses in our community, and they would render an important service to our nation; whereas the basis of the information age is the combination of computer and telecommunications technologies and about sixty percent of the American telecommunications industry is prohibited from participating under current restrictions, nevertheless our country's trade balance in telecommunications equipment is deteriorating at the same time that foreign based companies are becoming increasingly strong in the American telecommunications equipment market. Our community would benefit from an expanded pool of capital and expertise for research, development, and design and manufacturing of telecommunications equipment which would be the result of a more competitive telecommunications industry." This sounds like it was drafted by the International Trade Board. "Now, therefore, be it resolved by the Commission of the City of Miami, Florida, the City of Miami strongly supports the call for Congress to pass legislation to remove the restrictions imposed upon the Bell operating companies so that they may be permitted to play a major role in insuring America's superiority in advanced telecommunications technology. The market, which, at last looked was like three billion dollars a year, just in the Caribbean area. This resolution shall become effective immediately after its adoption and the City does hereby proclaim October 25th, 1990, as Southern Bell Day." Go on to join the battle so that our telecommunications industry could compete fairly well worldwide. Fernando, we're pleased to see you here at City Hall. 5. CONSENT AGENDA ------------------------------------------------------------------------------ Mayor Suarez: We're going to do, at some point early on in the agenda here, the issue of the residency requirement, but I'd like to do the consent agenda first. If no Commissioners or anyone from the general public have any particular need to consider separately items CA-1 through CA-3... Commissioner Plummer: Mr. Mayor... Mayor Suarez: Yes. Commissioner Plummer: ...I've got some questions on two for clarification, only because I'm not aware of what happened at the lower board. Mayor Suarez: OK, and then on CA-1 and CA-2, that being the consent agenda, the smallest ever in history, being two items. Commissioner Plummer: What about three? Mayor Suarez: I'm sorry, CA-1 and CA-3 then. I'll entertain a motion on those two. Commissioner Plummer: Move them. 4 October 25, 1990 Commissioner Alonso: Second. Mayor. Suarez: Let the record reflect that no one has stepped forward. Does anyone wish to be heard on items CA-1 through CA-3, excluding CA-2? Individually, let the record reflect no one stepped forward. We have a motion and a second. Any discussion? If not, please call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, THE CONSENT AGENDA, WITH THE EXCEPTION OF CA-2, WAS PASSED BY THE FOLLOWING VOTE: 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. 5.1 ACCEPT BID: LLOYD STEIER - FOR FURNISHING FOUR PUREBRED GERMAN SHEPHERD DOGS TO POLICE DEPARTMENT (Project 690001). RESOLUTION NO. 90-820 A RESOLUTION ACCEPTING THE BID OF LLOYD STEIER FOR FURNISHING FOUR (4) PUREBRED GERMAN SHEPHERD DOGS TO THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST NOT TO EXCEED $10,800.00; USING FUNDS THEREFOR PREVIOUSLY ALLOCATED FROM THE LASE ENFORCEMENT TRUST FUND, PROJECT NO. 690001, ACCOUNT CODE NO. 290904- 996; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PURCHASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.2 ACCEPT PLAT: NEW WORLD CENTER BICENTENNIAL PARK. RESOLUTION NO. 90-821 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PLAT ENTITLED "NEW WORLD CENTER BICENTENNIAL PARK", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6. DISCUSS AND TEMPORARILY TABLE PROPOSED ACCEPTANCE OF PLAT ENTITLED CHINATOWN (See label 10). ------------------------------------------------------------------------------ Mayor Suarez: OK, CA-2. What was the proceedings... Commissioner Plummer: Mr. Mayor, my question on CA-2, I assume is the Chinatown that is on Biscayne Boulevard. Mr. Luis Prieto: Yes, sir. 5 October 25, 1990 f Commissioner Plummer: Can you tell me what happened at the Zoning Board level of their application? Mr. Sergio Rodriguez: The item was continued from the last meeting to the next Zoning Board meeting because it was... Commissioner Plummer: All right, Sergio, my concern, when I spoke with the individuals about the parking requirements. That's my area of concern. If this Commission is not aware - I think we all would like to see this project Chinatown go forward. But, for your edification, there are absolutely not the first parking space provided by the developer. Now, my concern then comes in the area where they are using an off premise location, or that's what's proposed, what are we doing with the plat if, in fact, we change it which would not allow the flexibility of parking at some point being put on. They talk about phase II will have a parking structure, but there's no guarantee that phase II will ever occur. Mayor Suarez: Are you saying that when we first went through the zoning aspects of this matter, which is not what is before us because we just have acceptance of a plat? Commissioner Plummer: I understand it. Mayor Suarez: That we were advised and we agreed to a major project being built without any parking? Is that what you're saying? Commissioner Plummer: Not a single parking space is provided by the developer in phase I. Mayor Suarez: I don't understand what that means. Sergio. Commissioner Plummer: It's an off premise location. Mr. Sergio Rodriguez: The applicant has come... Mayor Suarez: Isn't it a mixed use project? Can you remind us a little bit of what it's about? Mr. Rodriguez: It's a building in Biscayne Boulevard close to the Omni Building in which they have some commercial in the lower part and offices and so on. The... Mayor Suarez: Doesn't it also involve some residential or not, phase I? Mr. Rodriguez: I believe there is some residences in the first one - phase II, yes. Now, what is before the Zoning Board now is that they are asking for variances so they would not provide any parking at all in conjunction with the building. In the first phase... Mayor Suarez: Now, that will ultimately get to us if it's appealed. Mr. Rodriguez: It will be appealed by the City administration because the administration recommended against that. Mayor Suarez: So, that will get before us in any event. Commissioner Plummer: OK, the only... Mayor Suarez: Does the acceptance of the plat in any way prejudice our ability to deal with this part? Commissioner Plummer: That's - in any way, shape, or form are we precluding the demand may be at a later date of this Commission when we hear this item that - well, you replatted it, now there's no space left for any parking, even if we wanted to. Mr. Rodriguez: I don't know, if, from a legal point of view there will be any problem with that. I couldn't answer that. Commissioner Plummer: Wouldn't it make sense, Sergio, that this should be deferred until the zoning item is, in fact, settled? 6 October 25, 1990 Mr. Rodriguez: You might want to do that and wait and see what happens. Commissioner Plummer: Mr. Mayor, it just seems logical, you know, instead of the cart before the horse... I would move that this matter be deferred until such time as a zoning item and bring it up jointly. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Second, Dr. Prieto. Mr. Prieto: Just for a point of clarification, Mr. Commissioner. The only thing the platting is doing here is taking an alley way... Commissioner Alonso: That's right. Mr. Prieto: ...that comes off of Biscayne and is integrating it into the building area. It doesn't address any other issue. Commissioner Plummer: Doctor, have you ever played poker? Mr. Prieto: No, sir. Commissioner Plummer: Huh? Have you ever negotiated any kind of a deal? Mr. Prieto: With a Chinatown developer? Commissioner Plummer: Any kind of a deal. Mr. Prieto: Yes, sir. Commissioner Plummer: OK. You know that when you negotiate it's give and take and when you get something, you got to give something. I don't want to give up one of my trump cards at this particular time, until such time as we hear it as a total picture, rather than piecemeal. Mr. Prieto: I understand, sir. Commissioner Alonso: I have a question. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Sergio, have you looked at possibilities of working out with these people to see if it could coincide with parking, some how, some kind of agreement. Looking at the seriousness of the situation, if they build phase I and for some reason they don't continue, then we have a problems in our hands. So we have to be ready to see what can be done. And why is this done in this way? -a property without any kind of parking and then in phase II, when, in fact, they are going to have activities in that building? Why is that? Commissioner Plummer: You have no guarantee of phase II. Mr. Rodriguez: If you look... Commissioner Alonso: Of course not. Mr. Rodriguez: If you look at the development, the building, there's an existing building already in the northern part of the property that they are trying to use and I think they are trying to maximize the use of the property, in the meantime. Our concern has been all the time that without the proper parking in the area, that that could be an issue and that we have been telling them that - and I actually talked to them again, even the night of the hearing I mentioned it to them again. They are going to meet with us tomorrow, on Friday, yes, to discuss other possible alternatives for them because I think they are now they are more agreeable to hearing other issues in relation to the project, you know. We haven't received from them the... Mayor Suarez: Sergio, if I may suggest something here and I think this is in line with what Commissioner Plummer wants to do and the rest of the Commission by sending this message, suggest to them that... I don't think the Commission has the ability to deny a plat request such as this... 7 October 25, 1990 0 0 Commissioner Plummer: That's correct. Mayor Suarez: For the simple reason that we're anticipating a problem with parking, but if they would just get it as a signal that we're not ready to act on it until, you know, we have... that they have a clear understanding that we're not going to get involved in a situation where they have no parking at all in this building. That's just not the way we function. Now, if they come in with an integrated plan which includes an existing property which has parking, that's interesting. I mean, that may be worth considering. Maybe that's what we're talking about. But just the very idea that somebody is going to have a major new development there without parking, I don't think we've ever even considered that. Mr. Rodriguez: The way that I read it for the record, the way you acted today, you didn't act it today because you were not clear on all the information that was available to make a decision today and you were waiting on more information from the applicant on this issue. Commissioner Plummer: Well, let me tell you what the proposal, as I read it, is. They are going to provide, in a bank parking lot - is that correct? -is it a bank? Mr. Rodriguez: I'm sorry? Commissioner Plummer: Is it a bank parking lot? The way banks are going under around here, that even concerns me. But more so, even with that off premise parking location... Vice Mayor Dawkins: This is a bank from China, they got a lot of money. They won't go under. Commissioner Plummer: OK. Even with that location, they're only providing half of what they need. Is that, as I remember, correctly? Mr. Rodriguez: With that, it will be only half. Commissioner Plummer: They're asking for a reduction in spaces, off premise, not even on their own property. So, that's what concerns me. Vice Mayor Dawkins: OK, that's enough. We'll... I mean, that's enough discussion. Mayor Suarez: If I understand the Commission's desire then, Sergio, tell them that they may be barking up the wrong tree and that this is a signal to that effect. So we have a motion and a second to defer. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-822 A MOTION TO DEFER CONSIDERATION OF CONSENT AGENDA ITEM NO. 2 (PROPOSED RESOLUTION ACCEPTING PLAT ENTITLED "CHINATOWN"), UNTIL SUCH TIME AS THE REQUEST FOR A VARIANCE TO WAIVE THE PARKING REQUIREMENT (AT APPROXIMATELY 1801-1859 BISCAYNE BLVD.) IS SETTLED. (Note: CA-2 was later passed as R 90-826.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 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. 8 October 25, 1990 ------------------------------------------------------------------------------ 7. (A) STIPULATION BY CITY COMMISSION THAT IF A DECISION WERE MADE TO ELIMINATE THE PRIVILEGE OF TAKE HOME CARS FROM EMPLOYEES NOT RESIDING WITHIN CITY LIMITS, AFFECTED CITY EMPLOYEES WOULD BE GIVEN A PERIOD OF 30 DAYS FOR COMPLIANCE THEREWITH. (B) INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION ESTABLISHING A CITY RESIDENCY REQUIREMENT FOR ALL CITY OF MIAMI EMPLOYEES (INCLUDING AGENCIES AND AUTHORITIES WHOSE BUDGETS ARE APPROVED BY THE CITY OF MIAMI COMMISSION) - DIRECT MANAGER TO INCLUDE CITY RESIDENCY REQUIREMENT IN ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS - PROVIDE EFFECTIVE ENFORCEMENT DATE. (See label 32) ----------------------------------...-_----------------------------------------- Mayor Suarez: We promised the unions and their counsel and the proponents of the concept of residency that we would take up the item first on the agenda, whatever that meant. Let's... Commissioner Plummer: Are we not taking up both items, Mr. Mayor? Mayor Suarez: Which are both? Commissioner Plummer: Take-home cars as well as the residency, I thought that, that was also a matter for discussion and companion. Mayor Suarez: The one item was a little bit more advanced. Was it not? Did we not already move that item and asked for legislation to implement the take- home car? Commissioner Plummer: Well, it was discussed at budget time and said that we were going to deal with it on the 18th in a formal way. We did not do anything on the 18th, nor did we do it on the residency, and I asked that both matters be discussed, so people are not hanging in the air as to where they are. Vice Mayor Dawkins: I would respectfully ask my colleague not to intermingle them, because if they have to move into the City- no, no, that's a lie. When they move into the City, they may not need a car. So let's discuss the residency, and then if we do not get enough votes to force the move back to the City, then it's time to discuss the automobiles. Commissioner Plummer: Miller, I appreciate your comments. My concern was the Mayor's comment. When I asked are you going to give them thirty (30), sixty (60), or ninety (90) days, if you take away their take-home car, his comment was that he wanted to implement it immediately. So I guess what I'm trying to do is if in fact you take away the take-home cars, that we give them 60 or 90 days to make provisions for some other transportation. Vice Mayor Dawkins: OK, if that's all you're trying to get, I move that they be given thirty (30) days. If that's what you're trying to get, a time limit. Mayor Suarez: So moved. Commissioner Plummer: You don't have to move it. As long as there is at least a thirty day period in which they have... Mayor Suarez: If we do implement it, we should have a period of time specified, so the Manager knows. Commissioner Plummer: Exactly, that's the point I was trying to make. Mayor Suarez: And the idea of thirty (30) days has been moved. So if we have a second on that. Commissioner Plummer: Of course I will second it, Mr. Mayor. Mayor Suarez: Seconded. Commissioner Plummer: If in fact that passes, then they would have thirty (30) days to make provisions for other transportation. C October 25, 1990 0 0 Vice Mayor Dawkins: You can buy a car., or rent a car, or lease a car. They need some time to adjust, Commissioner. That's all we're saying. I agree. Commissioner Plummer: Agreed. Mayor Suarez: By the way, Commissioners, I don't know if you've seen, I'm pretty sure that the Manager distributed a memo answering the questions of what the expected savings would be just on this one measure. If I remember correctly, the net amount that would be saved, at least projected to be saved, if you exclude certain mileage compensations that would have to be given for trips now to be taken by City vehicles, or by their own vehicles for City purposes, it's still like a quarter of a million dollars in savings. Is that not the case, Mr. Manager? Was that your estimate? Commissioner Plummer: I think we also have to talk about exemptions. There have to be exemptions, especially with canine. Mayor Suarez: All right. Commissioner Plummer: Whenever you want, I just... Mayor Suarez: The motion incorporates the concept of- or is it just, as to the implementation? Commissioner Plummer: That was the main point I was trying to make. Mayor Suarez: Well, let's just get a consensus on that, and then we go back to the actual merits of each of the individual items. Why don't you call the roll on the thirty (30) day notice. I don't think anybody has any problems with that. If it otherwise passes, it is stated as a conditional motion. Commissioner Plummer: Exactly. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 90-823 A MOTION OF THE CITY COMMISSION STATING THAT IF A DECISION WERE MADE TO TAKE AWAY THE PRIVILEGE OF TAKE- HOME CITY CARS, THE AFFECTED CITY EMPLOYEES WOULD BE GIVEN A PERIOD OF 30 DAYS WITHIN WHICH TO COMPLY WITH CERTAIN DESIGNATED REQUIREMENTS PRIOR TO SAID ACTION TAKING EFFECT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 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. Mayor Suarez: Now the general topic of residency requirements and requirements of residency in order to have a vehicle, I think, are quite interrelated. I think Commissioner Plummer is right on that, so it's going to be very difficult to not discuss the one without discussing the other, so I think that's a more correct way of dealing with it. When we get to the motions, whether the Commissioners want to pass, as Vice Mayor suggested, a broader requirement that people live in the City, and before we get into the issue of the automobiles, that may be appropriate too, particularly in view of the fact that we gave thirty (30) days for replacing existing vehicles that are taken home by people not in the City. So in either case we will make the appropriate adjustments on motions to be made at that point. Who do we hear from first? Do you want to give another crack at it, George? I don't think it is necessary. You've stated your views. 10 October 25, 1990 0 0 Mr. George Adams: Is this the residency or automobiles? Mayor Suarez: Residency. Mr. Adams: I'm ready for the residency. Mayor Suarez: OK, do you want to add any comments to what you said before, or do you want just to take notice of everything you have said up to now. Mr. Adams: I have a couple of things I would like to... Mayor Suarez: OK, please come up to the mike. Commissioner Plummer: Ha, ha, the most expensive delivery boy in town. Mr. Adams: My name is George H. Adams. I live at 1055 N.W. 60 Street. I want us to get serious about our City. We are talking about saving the City from going broke. We are talking about making the City's tax base stronger. If this doesn't happen, then the Commission won't have a City to govern and there won't be any jobs. What's happening, the Commission has to decide here today what is the paramount issue. The well-being of four hundred. thousand (400,000) people that pay taxes and vote and live in the City, or three thousand five hundred (3,500) employees who don't feel as if the City is suitable and safe enough for them to live in. The citizens of this City elected you to govern us, the Mayor and four Commissioners. We refuse to be governed, controlled, pressured by the unions of this City, of which ninety- five percent (95%) of their members live outside of the City in other counties. We can't afford for this to happen. There has to be a time period for all employees to move back into the City; whatever you decide, that must happen. We can't talk about grandfathering anyone because of the fact it defeats the purpose. We are not hiring anyone now; a freeze is on. So what are you talking about when you say you are going to grandfather the employees that are already working? It would be a miracle, at the rate that we are going, that you could hire a hundred (100) people in the next five years. So that is not going to help our tax base at all. So we have to not deal with that. We have to not have grandfathering. Now, anyone that is going to be here, that is going to speak against the residency requirement, have them to give their address, and they do not live in the City. You will not have one person who lives in the City, that's employed by this City, to come up here and be against the residency. So, you know, human nature will tell the employees who live outside of this City to be against it. And human nature will tell you that charity begins at home. We have to take care of this City. OK now, the next thing I passed for you out there a clipping from the Miami Herald. Sometime last week, one of the off -duty police officers that is employed by this City, that lives in Pembroke Pines, Broward County, killed a man in a barroom situation. He happened to use a City -issued gun. So we are liable. So we are talking about the taxpayers paying five to ten million dollars ($5,000,000 to $10,000,000) out of our tax monies, since we are self - insured. So make a decision today that's going to benefit the well-being of four hundred thousand (400,000) people that live here, as opposed to three or four thousand (3,000 or 4,000) that work here. Mr. Odio: For the record, Mr. Mayor, we replace about three hundred (300) people a year, whether we are hiring new people or not. We do have about three hundred (300) people a year that we replace. Vice Mayor Dawkins: Mr.. Manager, of that three hundred (300) you lose a year, approximately how many of them are in the Fire Department? Mr. Odio: In the Fire Department, very few. Vice Mayor Dawkins: Thank you. How many are in the Police Department? Mr. Odio: In the Police Department, we average about twenty-five (25) a year that we lose. Vice Mayor Dawkins: A year. Commissioner Plummer: No, more. Mr. Odio: It's about, I'm sorry, about sixty (60). 11 October 25, 1990 0 Vice Mayor Dawkins: Sixty (60)? You have sixty turnovers in the Police Department every year? Mr. Odio: Yes, sir. Vice Mayor Dawkins: Bring me back each year for the last five years, the names of the sixty people who left here in five years, which is three hundred (300) people, which means that you hired three hundred (300) people... you hired three hundred policemen in five years. Now that's what you're telling me if sixty a year turn over. Mr. Odio: Oh, we hired more than that. Yes, sure, I'll bring you a report. Vice Mayor Dawkins: Bring me that, OK? Mayor Suarez: I think three hundred over the last five years is going to turn out to be a little high, Mr. Manager, but... Vice Mayor Dawkins: I know. Mr. Odio: Three hundred police officers in five years... yes, it won't be that high. Mayor Suarez: I don't think you've hired three hundred police officers in the last five years. Mr. Odio: I will be glad to bring you the names, Mr. Mayor. Mayor Suarez: Why are we going to argue about it? It is a fact. You can dig it up. I'm just putting on the record that I think you are going to lose the bet. You're going to owe him a lunch. Mr. Odio: I'm not betting. Mayor Suarez: All right, on the record, we're not betting, Mr. Miami Herald reporter, we're not betting. Vice Mayor Dawkins: Thank you, just bring that to me at 2:30. Mayor Suarez: Where does the officer involved in this particular incident, as long as it has been brought up, and by the way, I'm a little bit distraught, I have to tell you, George, that I should find out about this from you at a hearing here and not from the Manager through a memo. I would have wanted to have known this way in advance of today. So let me at least ask, because it is important- I try not to read the Herald -important relevant information on this officer. Where does the officer live? Was he in his neighborhood where he lived? Does he live in Pembroke Pines? Do we know where he lives? Mr. Odio: I saw the report that same night on TV, and I asked the Chief, and he said he was off duty, and it's a personal incident. Mayor Suarez: Mr. Manager, do you know where this officer lives? Mr. Odio: He lives up in Pembroke Pines. Mayor Suarez: Is that the case, lieutenant?- I mean, are we sure on this? OK, it does illustrate, at least potentially, a problem. I'm not sure with this particular incident we should be making final conclusions on it. I'm not sure that... Mr. Odio: I don't think we should. Mayor Suarez: And I'm not sure, if I may continue my statement without being interrupted, I'm not sure that... hopefully we won't incur liability, but certainly potential for liability, and this points to another reason why the requirement of residency makes a lot of sense from my perspective, which is not having our City employees, to the extent possible, acting in their official capacities outside of City limits. In any event, we thank you for your presentation, George. All right, the unions, I have a feeling we are going to hear from. I know their counsel is here. Commissioner Plummer: Mr. Mayor, excuse me, before the union starts. z 12 October 25, 1990 Mayor Suarez: Yes, Commissioner Plummer. Commissioner Plummer: What are we actually, is there a motion, a resolution, an ordinance, is there something before us which I have not seen, that we are going to discuss? I heard, for example, last night, from the Herald reporter, that there was a provision going to be interjected that I have not heard about, that anybody that lives out of the City at the present time will be grandfathered until they sell that residence. I said, "Well, I don't know any more about that than I do about actually what is before us." So I guess what the question I'm asking is, what are we discussing, arguing? What is before us other than the fact that at one Commission meeting, I think it was Commissioner De Yurre, who broached the subject that he had been in consultation with the City Attorney asking about the legality of the issue. It is difficult to discuss an issue without knowing exactly what is before us. Mayor Suarez: I think it is in courtesy to you who may or may not be a supporter of this concept, that no one has yet put anything specific on the table. That is what we are discussing today. But anyhow, let's see if we can get more guidance from Vice Mayor Dawkins. Commissioner Plummer: OK. Vice Mayor Dawkins: I would like to know from Commissioner Plummer what reporter called him, and I would like for him to find out from the reporter the name of the person who gave him the information and who they talked to. You see, we are sitting up here allowing the media to manipulate us. Now, I would ask of the five of us up here, if either one of us distinctly told the media, that anybody with twenty-five (25)... I mean anybody would be grandfathered in? Mayor Suarez: I think there was a specific... Commissioner Plummer: May I answer, since the question was addressed to me? Mayor Suarez: Oh, no, we can clarify it. I think they specifically attributed that to Commissioner De Yurre. If that is his feeling, we ought to... Commissioner De Yurre: That was just my comments. Commissioner Plummer: OK. Commissioner De Yurre: Not that I would present anything, that was just my feelings at the time. That's all. Commissioner Plummer: OK, I'm just.., there are so many straws in the air, I'm asking, what are we discussing? Mayor Suarez: But so that we don't do it in the media, that's why we are here. I mean, you know, let's see how we all feel about it and what kind of legislation will be proposed, if we all agree. OK, ma'am, I presume you are speaking for or against the subject. Ms. Betty McKnight: Yes, my name is Betty McKnight. I'm executive vice president of the Sanitation Employees Association. I live within the City. My address is 1871 N.W. 55 Terrace. I am against it because for one thing, what you are going to do is take about seventy percent (70%) of the employees from Solid Waste. What are you going to do with these...? Mayor Suarez: Is that what it works out to be, about seventy percent are nonresidents of the City right now? Ms. McKnight: Yes, it's going to be about seventy percent. These are people F that were living within the City. I'm not talking about the people who are making sixty, seventy thousand dollars ($60,000 - $70,000) a year. These people do not drive cars home. OK? They have their own private cars. But, these people work hard, they were able to buy a house somewhere. Are you going to punish these people for that? What are you going to do? Are you going to give them the money to move back within the City? f x 2 13 October 25, 1990 ps 1 0 Mayor Suarez: You are talking about the over sixty and seventy thousand (60,000 and 70,000)?- or are you talking about the rest of the employees? Ms. McKnight: I'm talking about the people who I'm talking about is not the people who make sixty and seventy thousand dollars ($60,000 and $70,000) a year. These people do not drive City cars home. These are normal people who are trying to make a living. These people have worked for the City for, some of them, twenty-five (25) years. What are you going to do?- penalize them for working that long? Are you going to give them the money to move back within the City? Is the City planning to buy them a house within the City? These people can't afford to sell their house and move back. So? I would like someone to give me an answer on that. Mayor Suarez: Thank you for your comments. Rhetorical questions are noted for the record and may or may not be answered. Ms. Annette Eisenberg: My name is Annette Eisenberg, 1180 N.E. 86 Street. I have been a resident of the City of Miami for forty (40) years. I represent the Northeast Umbrella Committee, which is made up of homeowners associations from Brentwood, Buena Vista, all the way to the owners in Edgewater, going to Shorecrest. Our primary concern is saving money, so that when we call for services we need, we don't get the response, "We can't afford it. We can't afford it." You do have a proposal before you now, two hundred and fifty thousand dollars ($250,000), that sounds like a lot of money to me that would add a lot of policemen, would add to our sewers, and would add to everything that we need. I hope that from this day forward you will consider what is best for the citizens of Miami that have been paying these salaries all these years. I feel strongly that the employees have a problem, but we have a problem too. We want to stay within the City of Miami. It's getting very difficult. We ask you to find a way for us, the taxpayers, the people who have been loyal to the City of Miami. Thank you. Mayor Suarez: Thank you, Annette. Counselor. Robert Klausner, Esq.: Robert Klausner, representing your four unions, the Fraternal Order of Police, AFSCME Local 1907, Sanitation Employees Association and IAFF (International Association of Firefighters) Local 587. Your employee associations are opposed to mandatory residence within the City. Your civil service rules have said since 1979 that applicants must be residents of the City at the time they make application. The rule has not been enforced. Secondly, the civil service rules... Mayor Suarez: The rule has not been enforced. Can anybody tell us why the rule has not been enforced? Mr. Klausner: Because you couldn't find the people living within the City limits to meet the requirements that you have set for the jobs. Mayor Suarez: Ha! Commissioner De Yurre: But don't you say they were living in the City when they applied? Mayor Suarez: I hope the... Commissioner De Yurre: So then they were living here. Mr. Klausner: Well, let me finish the sentence. Mayor Suarez: Let me recount for the Vice Mayor the question and answer that just took place. He says the civil service rules have required, when people apply for jobs in the City that they live in the City, but that has not been enforced. So I asked him why not, and he says, "Well, perhaps because you couldn't find enough qualified applicants in the City." ... Mr. Klausner: No, I didn't say... Mayor Suarez: ...Which I just don't buy. And Commissioner De Yurre was inquiring on that. Vice Mayor Dawkins: Let me burst your bubble. City of Miami request for permission to reside outside of Dade County. OK? 14 October 25, 1990 9 V "Name: Dana G. Stephens. Classification: firefighter. Department: Fire. I hereby request permission to reside at 701 S.W. 134 Terrace, Davie, Florida. My reasons for wanting to move are as follows: buying a house." That's the reason that he moved in the City. But the reason he wants to move out of the City, now he's buying a house, and he is moving to Davie, Florida. OK? "James H. Arnold, Firefighter. Department: Fire. I request permission to reside at Key Largo, Florida. My reasons are as follows." Now I want all of you to hear this. "My wife and I would like to bring our kids up in the Keys environment. We feel the schools are better and have more to offer them than Dade County. Approved: C.H. Duke, 9/26/86." OK? Another one, "Pedro Gomez, firefighter. Department: Fire -Rescue. I hereby request permission to reside at 6020 Sweden Lane, Davie, Florida. My reasons are as follows: affordable housing, and a more peaceful and less stressful environment for my family. Approval: Floyd Jordan, Deputy Chief. 'John J. Ward, firefighter, driver/engineer, City of Miami. I request to move to Cooper City, South Broward. My reasons are as follows: housing is better, you get more for the dollar, you got a better school system, and I feel this area is safer for my family." Now you want me, as an elected official, to sit here and OK people who we pay to protect the citizens of the City of Miami and make the City of Miami a safe environment in which to live, work, and bring up your children, and they are telling me that it is not good enough for me to live in and bring my children up, but I don't give a damn about you living there. I ain't going to protect you after I leave. So these people don't care no more than for ten hours a day, and they come in here, draw their check, and they don't care about making my environment safe for me and the rest of the taxpayers who live here, because they have just stated their reasons. They are going to move to where they want to move. And sir, you cannot expect me to try to tell the citizens of Miami that they should pay people to work who do not feel that it is safe enough for them to live where I live, and I pay their salary. Now, that's my personal opinion. Mayor Suarez: How does this square off, by the way, Mr. Klausner, this request for permission to reside outside of Dade County- something that I didn't even know existed- how does this square off with the civil service regulations that you quoted that require new applicants to live in the City? How does that fit into that pattern? I don't understand. Mr. Klausner: Because you did not let me finish the sentence. Mayor Suarez: Yea, whichever. Mr. Klausner: Your own civil service rules have also required for many years permission... there is no permission required to live outside the City limits, but within the County. That has never been required. You have always required permission of the Manager or a Manager's designee, generally department head, to live outside of Dade County. Mayor Suarez: Why is that? How does that square off with the requirement that new... that applicants live in the City of Miami? Is is just additional to that? Or... Mr. Klausner: There are different sections of the same provision in the civil service rules. Even before you had an... Mayor Suarez: Sounds like one of the things we have to do is change the civil service rules. Mr. Klausner: That is one of the things I was going to tell you. This is all a provision of the civil service code. The first thing that has to happen before your civil service rules are changed, under the charter provisions which create the civil service board, is to have the board pass a rule and recommend it on to the Commission for legislative action. The second thing is that... 15 October 25, 1990 Mayor Suarez: Or we can change the entire civil service code. Mr. Klausner: Well, you would have to change the Charter to change the civil service rules without the board. Mayor Suarez: I don't agree with that, but go ahead, Mr. Vice Mayor. Vice Mayor Dawkins: Didn't I hear you say, sir, that the civil service rules already says that in order to move the Manager can OK or deny it? Did you just say that? Mr. Klausner: The civil service rules say that permission to live outside the County is with the permission of the Aanager. Vice Mayor Dawkins: Discretion of the Manager. So therefore there is nothing to negotiate. It's already in there that the Manager makes this decision. Didn't you just say that, sir? Mr. Klausner: If the Manager wants to turn down somebody, I suppose he could. But... Vice Mayor Dawkins: So therefore, I do not have to go to a bargaining unit and have the bargaining unit write something into their bargaining unit that I can't get rid of. Mr. Klausner: There are also practices, which are in effect. Vice Mayor Dawkins: Beg your pardon. Mr. Klausner: Your labor contracts also say that practices which are in effect remain in effect for the life of the contract. Vice Mayor Dawkins: But the practice is the Manager has the last say. Mr. Klausner: And the practice has also been that no one has been denied permission to move out of the County. Vice Mayor Dawkins: But that doesn't say that it is correct, because it wasn't denied. Mr. Klausner: Mr. Vice Mayor, you can make the rules sound any way you want to make the square peg fit into the round hole. Vice Mayor Dawkins: Well, I tell you, well, well, if this passes, we'll see you in court. Mayor Suarez: I have a feeling that is where we are headed, but go ahead. Anything else, sir? Mr. Klausner: Does that mean that you are not interested in my comments, Mr. Mayor? Mayor Suarez: Oh, I'm interested in your comments, so go ahead, complete them. Mr. Klausner: I'd like an opportunity to finish them. Mayor Suarez: Yes. Mr. Klausner: Your labor agreements also provide that this is a bargainable subject. The legal opinion which you received from your own counsel says that before you make any attempt to require current employees to move into the City, that you would have to bargain. The labor agreements with Police and Sanitation are closed at the present time. Mayor Suarez: Well, let me take exception to one aspect of that. Suppose that we were to make clear our intention to make this requirement effective within a certain amount of time. I think that particular resolution would not have to be bargained at that particular time. It may or may not have to be bargained later on. So we may go in that direction. I don't know. 16 October 25, 1990 Mr. Klausner: I can only give you my opinion. you can always ask your own lawyer. You don't pay me. You know, Mayor Suarez: Well, you are not going to try to tell me now that I can't even pass a resolution saying that I intend to make this effective as soon as I... let's say twelve months from now, and that, that is my intention and that is the intention of the Commission. Are you? Mr. Klausner: You can pass a resolution saying you intend to do anything, Mayor... Mayor Suarez: Thank you, thank you. Mr. Klausner: ...the question is, the question is... Mayor Suarez: That is all. I wanted to be sure that we understood whether we could implement it, and how much we have to negotiate with you, and how many times we are going to be in court about it is another issue. Mr. Klausner: Mayor, like I said, I have not finished a complete sentence since I started. You can pass any resolution that you wish to do. Whether the resolution will in the end have a binding effect, I guess is going to depend on what Florida's Public Employees Relations Commission says and ultimately what the courts say, and what your unions say to you is if you want to bargain the issue of residency, just like we bargain pensions or wages or insurance or uniforms or whatever else we have bargained over the years, follow the rules that we followed all along, which is bargain. If you wish to change the civil service rules, then follow the procedures which the people have set up in their Charter, and that is that the matter comes before the Civil Service Board. They conduct public hearings on the issue. If they believe the rules are worthy of change, they will pass the rule on and, then it comes to the Commission for appropriate passage as an ordinance change. That is our position. Vice Mayor Dawkins: Are you finished? Mr. Klausner: Yes. Are there any questions for me? Vice Mayor Dawkins: No. Mr. Klausner: Thank you. Mayor Suarez: Mr. Klausner, if there are questions for you, we will be sure to tell you about them, sir. Mr. Klausner: I'm here. Vice Mayor Dawkins: Mr. Mayor, through the Manager to Mr. Mielke. Mr. Mielke, ever since I've been here you have professionally advised us, and when I have disagreed with your advice, you have always been right. Therefore, I have to ask you now, professionally as a labor relations, in quotation, "expert," the attorney said the Manager has the right to approve or deny request to reside outside of the City of Miami in Dade County. OK? Is this negotiable, so much so that when the Manager no longer decides to approve these requests, and deny them, is that an issue that could be taken up, sir? Mr. Dean Mielke: In my judgement, yes. Vice Mayor Dawkins: Why? Mr. Mielke: Three reasons, your contracts all have what is called a prevailing benefits clause, which even preceded me prior to 1976. Those clauses, in essence, say that those benefits that have been continually enjoyed by the members of the bargaining unit will not be unilaterally changed without negotiations between the parties. Those clauses, as I indicated, preceded me and have been in those contracts ever since. Now, depending on what you did, I think would be depending on how much latitude you have. I think your City Attorney's opinion was right on the point, number one. Number two is that most recently in Holly Hills versus... Vice Mayor Dawkins: No, no, all I need to know from you, sir, is if the Manager suddenly decides that he is no longer going to approve people moving out of the City, is that negotiable? That is what I need. 17 October 25, 1990 LAI Mr. Mielke: I'm not so sure if it is negotiable as it would be grievable, sir. Vice Mayor Dawkins: It would be what, sir? Mr. Mielke: They would have the ability to file a grievance under the contract. Vice Mayor Dawkins: When you file a grievance, that doesn't mean that you win it. Mr. Mielke: No, sir, that's arbitrable then. Vice Mayor Dawkins: All right, see, so therefore, that's a... you know, that is here, you know, go. See? Mr. Mielke: But they may also come back and say to you, "Sir, we demand to bargain about it." You may have the ultimate right to do what is being suggested, but then you have a third obligation, and that is called Orange County vs. Pellawich, which says you have to bargain about the impact of it. Vice Mayor Dawkins: OK, my last question from you, sir, right now, when is the Fire contract up? Mr. Mielke: Well, it expired October 1 and we are negotiating, so we are negotiating on a new contract right now. Vice Mayor Dawkins: We are still negotiating one right now. Mr. Mielke: That is correct. Vice Mayor Dawkins: All right. When does the Fire, the Police contract expire? Mr. Mielke: That has another year to run. Vice Mayor Dawkins: That has a one year. So as the Mayor said, that is twelve months, as he was talking about. OK? When does the General Services Employees contract expire? Mr. Mielke: They have another year also. Vice Mayor Dawkins: They have one year. Mr. Mielke: I'm sorry. You are talking about SEA (Sanitation Employees Association) or AFSCME (American Federation of State, County and Municipal Employees)? Vice Mayor Dawkins: AFSCME. Mr. Mielke: AFSCME we are in the negotiations right now. Vice Mayor Dawkins: We are negotiating now? Mr. Mielke: We are in negotiations for fire and AFSCME, both. Vice Mayor Dawkins: All right, so now, the SEA contract? Mr. Mielke: One more year. Vice Mayor Dawkins: One more year, so therefore, it is nothing if we decided to wait the year and this Commission instructed the Manager that all people have to live in the City, to work for the City, and this Commission with three votes, because It probably won't get five votes, tell the Manager not to sign no contract without that provision. Is that illegal? Mr. Mielke: No, sir. Vice Mayor Dawkins: Thank you. 18 October 25, 1990 Mayor Suarez: OK, that puts us back to the issue of a residency requirement that would be implemented in a, with a timing such that it could be included in all our labor negotiations, which everybody tells us we must do. Although I'm not sure that I agree with everybody that tells us that, but, let's assume that is the case, and let's assume that this Commission heads in that direction. So, Commissioners, what do you want to do in terms of... Commissioner Plummer: Mr. Mayor, let me broach one other subject. Angela, you have been around this City for how long? Mrs. Angela Bellamy: Fourteen (14) years. Commissioner Plummer: OK. Do we need to remind this Commission, including myself, when the Consent Decree came down, and this Commission did, in fact, make as I recall, and Police and Fire, recruiting only in the City... Mrs. Bellamy: That is correct. Commissioner Plummer: ...As what happened to the problems that were created? If I am wrong, please correct me, that when we recruited, it used to be that we would go through four people to get one in the academy with a ninety percent (90%) graduation rate, and after the residency required was reduced to just the City, as I recall, it was told to me that we hari to go through sixteen (16) people to get one in the academy with a sixty-five percent (65%) graduation rate. Am I out of the ball park? Mrs. Bellamy: It was around seventeen (17) people per one graduate. Commissioner Plummer: As opposed to four? Mrs. Bellamy: Right. Commissioner Plummer: So, I guess, should we, as a Commission, I'm not saying that we should address that and that alone... Mrs. Bellamy: I think it is important that I say one other thing. Commissioner Plummer: Please. Mrs. Bellamy: That is that the number was not increased solely because of our changing the residency requirement. Number one, we had tougher requirements. We started looking at psychologicals. The Police Department started instituting the polygraph and other screening devices that they had not had previously. So I think that had a factor, but that was not the sole factor. Commissioner Plummer: It's collectively. I'm just saying, all I'm saying is that I recalled that there was a great problem existing in recruiting from within the City, and I remember the Police Department coming here asking at least to expand it to the County, because they were not getting sufficient applicants or numbers from City residents. And we also created and had another problem and that was, call it what it was, people lying that they lived in the City when in fact they didn't. They were using their mother's address, or somebody else's addresses to show a residency when in fact they did not live in the City, and we had a lot of problems with that. I'm bringing this out because I recall it, and I think that if we are going to address the issue, I think we have to address it not just in a single phase, but the overall issue. So that is the only reason I'm putting it on top of the table. Mayor Suarez: OK, Commissioner. Vice Mayor. Vice Mayor Dawkins: I have no problems with what Commissioner Plummer is saying. My only comment is this. We may recruit from Key West to Jacksonville, from Miami to Tampa, but once we recruit and you pass the test, then you cannot work if you do not move into the City of Miami. I have no problems with us finding the best qualified individual to put at work, but I do have a problem when that individual does not reside within the City of Miami whose taxes are used to pay it a salary, provided with one of the best pension plans in the world, and look out for its welfare, health, are care of their children. Mr. Adams: Mr. Mayor. 19 October 25, 1990 Mayor Suarez: Yes, George. Mr. Adams: That information about the hiring with reference to the Consent Decree, that isn't accurate. I was a part of that Consent Decree. The only reason that you could not get the correct amount of people that resided in the City, because it was racism. And it was a quota system that they would just have so many minorities. That is why they branched out, went to Dade County, from Dade County all over the State. That was racism. They did not want Blacks and Hispanics and that was the reason they were disqualified. Commissioner Plummer: George, excuse me, in the Consent Decree, as I recall, to say that it is racism, I have to very much disagree with you. In the Consent Decree, as I recall, the best common language that was used, is that the makeup of the City forces would reflect the same makeup of the population of this community. Am I correct in that? It was this City Commission who said we are not satisfied with that. We want to obtain an eighty percent (80%) goal. So I cannot agree that racism... Mayor Suarez: That is not correct, Mr. Manager, you know it is not correct... Commissioner Plummer: What is not correct? Mr. Odio: What he just said is correct. Mayor Suarez: ...that an eighty percent (80%) goal was ever established in any Consent Decree, so don't say that... Mr. Odio: Yes, it was, Mr. Mayor. Commissioner Plummer: No, sir, excuse me. I said this Commission. Mr. Odio: This Commission set a goal in 1983. Commissioner Plummer: Not the Justice Department, not the Consent Decree. Mayor Suarez: There was at one point a hiring effort that included eighty percent (80%) minorities. That was not part of the Consent Decree and was... Commissioner Plummer: Exactly, I never said that. Vice Mayor Dawkins: And Mr. Plummer, it was Mayor Maurice Ferre who reversed it, and said that more Blacks and Latins were being hired than white people, and he proceeded to hire more white people. It was Maurice Ferre who did that. Commissioner Plummer: Maurice tried to change it at this table and this Commission turned it down. Mayor Suarez: All right, we all agree that it was a complicated set of formulas that this Commission agreed to, and that some people may or may not have wanted to go back on, but it was prompted by a Justice Department lawsuit and it is all in paper, in black and white, and it is still in effect in the City of Miami. Yes. Mr. Leroy Smith: My name is Leroy Smith, retired police major, City of Miami Police Department, served for twenty-seven (27) years. A statement was made, Mr. Plummer, that we tried that before. Commissioner Range was here in 1968 when we had our riot. Seven days after the riot, I was called to work upstairs, and I stayed there for fourteen (14) months trying to solve some problems we had in 1968. Because of the riot of 1968, was because we didn't have enough Black police officers. That was the first problem that I identified with Mr. Reese when he asked me what could happen. And he said, "Well, we can't get Black policemen on the Police Department. I said, "Really, Mr. Reese? The City Manager never asked for Black police officers. There has never been a major recruitment campaign for Black police officers." I said, "Until that time that the City Manager decides that we want Black police officers, we'll get them." That's when "Operation Badge" was born. I was partly responsible for getting that program going. I know the track record as far as the Police Department is concerned in Black police officers because I was stymied in promotion for whatever that was. But I'm through with that now. But when we say that we can't get Black policemen to serve on 20 October 25, 1990 the City of Miami Police Department, we are being remiss on that. The first recruit that we got for the City of Miami Police Department happened to be Perry Anderson, Homer Lanier, who is now a major. So I know that we have the caliber of men that can operate in the City of Miami. We know we have five high schools, more so now than ever before, to get the type of candidates that we had. But I want to say that we do have qualified black, young men that can qualify to handle the City problem. I wasn't here to speak, but I do know that when you talk about you can't get black qualified police officers, I know what it was. I came on the Police Department, didn't go to the Police Academy. So I want to make sure that we have the type of men that, twenty years later, can be somebody valuable to the Police Department. Chief Perry Anderson's the first guy that graduated from Miami Police Academy under the umbrella of "Operation Badge." Do you know that within the third class we had five guys supposed to graduate? Two weeks before graduation, I was notified that three of them would not graduate. I wanted to know why, but we fall back in that same thing that George is talking about today, give the black guys a chance to serve. And I'm going to close out with a movie that I saw that I'll never forget. The movie "Glory," when we had the Civil War. Frederick Douglas told them that give black men to help you fight your battle, and that's when we had black guys that joined the Union army. And they've been serving from that day to this day and they're still over there, in the mid East, serving, because they want to do something for America. I'm saying, give them a chance, Mr. Manager, if you want black police officers, then you're going to have to say we need them. The Chief of Police is going to have to say it. The Commissioners are going to have to say it. Everybody's going to have to say, hey, we want black police officers so that we can help make our community a better place in which to live. I enjoyed reading those letters, Mr. Dawkins, because, like I said before, I live in the City of Miami, I was born in the City of Miami, and I serve in the City of Miami I still live in. Our last riot, I was stopped three times by a police officer who didn't know me, but yet they put a rifle, a gun in my face before I can _ get home. These are the things that happen, and I know that we can get 'em, y so let's not say that they're not qualified, because I happen to be one of those guys, too, that they told me I wasn't qualified. But let's not have another riot so that we have to recruit heavily to try to change the atmosphere from what it is. I want to thank you for your time. Mayor Suarez: Thank you for your statement. Let me say that we all agree that we think a qualified pool of City employees for police, and every other department, can be found in the City of Miami. I don't think anybody disagrees on that. We must all also agree that we go through a selection process that is somewhat tenuous and long - and arduous, I guess, is the term - in that I suppose the bigger the pool the quicker it would go, in some ways, but this Commission, I think, is committed to try and find applicants who are City residents, regardless of what we do on residency requirements, and particularly those that would be applied retroactively to existing employees, so - and it does require more effort, and sometimes that effort is not forthcoming. And we've said before up here, and let me just repeat it again, that I still don't get any requests from the Administration to go to the high schools and help them recruit people to apply in the City of Miami for police and firefighters' jobs. Now, if they're doing such a magnificent job already that they don't need this Commission to participate in that, that's fine, but then I hope they don't say afterwards we didn't get enough applicants from the City of Miami., because we've got high schools - public and private - in the City of Miami. And we have Miami Dade Community College, and we have a very large campus downtown. I forget what the statistics are, but I think more than fifty percent of the students live in the City of Miami who go to Miami Dade Community College, downtown, which is a huge campus. And, again, we've seen no requests - at no cost to the City - to have any of us go there and speak to them. We speak to them all the time on other subjects, and you would think that, you know, a plug for our particular departments, when we need people, would be made at that point so that we could get qualified City of Miami applicants, and I don't see any requests for that. Ms. Bellamy: Mr. Mayor... Mayor Suarez: I can't figure that out. You know, we could argue this forever. Ms. Bellamy: I think it's important that I say that we have done extensive recruitment for police officers. 21 October 25, 1990 0 Mayor Suarez: Well, I just pointed one way... Ms. Bellamy: And, in particular... Mayor Suarez: ...in which it was not done, and I do remember, Angela, and we're going to put it on the record, a few years ago there was a case of one of our recruiting officers in the Police Department who was literally getting on the Metrorail and giving people his card as a way of recruiting. I remember that incident a couple of years ago. It's on the record. And I thought that was kind of a clumsy way of doing it, although I suppose it was innovative. Ms. Bellamy: What the Department of Personnel Management has been doing with the Police Department is, we have been instituting innovative ways, including going to the various schools that are in the City of Miami. We've gone to Miami Dade Community College. We have gone to predominantly black institutions, colleges that are in the State of Florida. We have gone to most of your - we've done as much as we can do, and beyond that, we will be asking the Commission to go with us. We'll follow up and take your advice, and we'd like you to speak. Mayor Suarez: Are you satisfied that we can find City residents to fill all positions that become open in the future? Ms. Bellamy: In the Police Department? Mayor Suarez: In all departments of the City of Miami. Ms. Bellamy: No, I'm not. Mayor Suarez: OK. Why not? What departments, for example, don't you think we can find City of Miami residents that are qualified to fill positions that become vacant? Ms. Bellamy: With the requirements that we have for police officer, the various steps that we go through for drugs - If anyone has had any prior experience with drugs, and so forth, the various steps that we have, it's very difficult to find people that are only residents within the City. Mayor Suarez: All right, now, you've said very difficult. If we apply ourselves to the task, with a little bit of extra effort, can we find them in the City of Miami? Ms. Bellamy: I couldn't guarantee that we could. Mayor Suarez: All right, maybe... Vice Mayor Dawkins: May I ask...? Mayor Suarez: ...maybe this Commission will guarantee it. Ms. Bellamy: We do give... Vice Mayor Dawkins: May I ask a question? Mayor Suarez: Mr. Vice Mayor. Vice Mayor Dawkins: In your recruiting efforts, and you said you've been statewide, would you say that the drug -related problem is greater in the City of Miami, no greater in the City of Miami, or comparable with the rest of the youths, statewide? According to the records where you have tested people, and took their applications, and they were denied. Would you say...? Ms. Bellamy: I really can't answer that. Vice Mayor Dawkins: Well, then, how can you stand there...? Ms. Bellamy: What I can... Vice Mayor Dawkins: How can you stand there and say, then, that we cannot recruit qualified individuals...? 22 October 25, 1990 Ms. Bellamy: Because... Vice Mayor Dawkins: ...in the City of Miami because of the drug problem and other stigmas...? Ms. Bellamy: I can answer the question because when we were recruiting only, solely within the City of Miami, and we were providing the applicants to the Police Department - and that's not just with advertising in the paper, I'm talking about with aggressive advertising and recruiting - they didn't have the people to hire within the Police Department. Vice Mayor Dawkins: All I need from you, Mrs. Bellamy, is this. According to your records - and you have been statewide recruiting - did more people in the City of Miami, get turned down for - and you and I know - for high school experimental with drugs, having experimented with drugs one time, that's how they got turned down. Would you say that more people in the City of Miami was turned down, per number of applicants, than you would, say, out of all the people you did statewide? Because you're putting a stigma, if you don't know, on the City of Miami. Ms. Bellamy: Well, I don't mean to give that impression, Commissioner. Vice Mayor Dawkins: Well, that's the impression that's going out. Ms. Bellamy: And I don't mean to give that at all, OK? All I'm saying is, if you take the applicants that we've been able to get, just the general population, if you look at people who you're recruiting, that is going to happen. You're going to find people you've... You're looking at people so finitely that that's what happens. Mayor Suarez: We know that the smaller the pool, the more effort that has to go into it. There's no doubt about that. Does anyone from the Administration - and I see Joe Ingraham, who's heading OPC, now - disagree with the statement that I'm about to make. And if you agree with it, hopefully you can give me support for the argument, that people who are City residents - City employees who are City residents - police officers, firefighters, all employment, Solid Waste - will be more knowledgeable of City problems, will be more knowledgeable of their neighborhoods that they live in, which are in the City by definition, will hopefully be more sensitive to the makeup of our community, the problems affecting our community, and, just as a matter of preventive medicine in avoiding confrontations with the citizens, are likely to be, as I've stated, more sensitive to the problems of the community than people who don't live in the City. Is that a fair statement to make? Commissioner Plummer: Nobody can disagree with that. Mayor Suarez: Nobody can disagree with that, right? Ms. Bellamy: No, I think it's a fair statement. Mayor Suarez: OK, so that is another important issue that we're all looking at here, at least for me. I really would like to see ... in fact, ideally, we would have - ideally, in an ideal world, we would have officers patrolling the neighborhoods they live in, and really knowledgeable of what's going on there. And that doesn't always work out, and deployment is difficult, but that's the ideal world, and all of what we've said so far can be modified by making it a requirement once they're hired, as Vice Mayor Dawkins was saying, and as Commissioner De Yurre had maybe suggested through his statements to the media, one other way to proceed is to say, the moment you're hired you understand that with that comes the requirement that you live in the City, as long as you're a City employee. Now, does anybody - Legal Department, Employee Relations, whoever, Mr. Manager - have any technical problem with that requirement being imposed? Mr. Odio: I don't have any problem whatsoever in a new employee... Mayor Suarez: That's the way I've just defined the question. Mr. Odio: ...would be told, the moment you become permanent, you have a certain time to move into the City. I would think it would be unfair to have somebody on probation, that failed probation, and then he had moved into the City and then... 23 October 25, 1990 Mayor Suarez: Well, now, I don't know why you're saying the moment you become permanent you have a certain amount of time to move into the City. Now we've gone through the probationary period, plus now the person is being hired permanently, and then he still gets an additional amount of time. My question is, do you have any problem with the requirement for new employees that once they are hired - permanent, if you wish - from that point forward they live in the City and they are always required to live in the City as City employees. Mr. Odio: I - I - Mayor Suarez: And if you don't have any problem, administratively, maybe I'll ask the City Attorney... Mr. Odio: I - I - Mayor Suarez: ...if, legally, there's any problem with that. M. Odio: I have no problem in a new employee being told, after he becomes permanent, that he has to live in the City. Mayor Suarez: Thank you. Mr. City Attorney, is there any legal problem with that, if we were inclined to implement that, forthwith, as soon as an ordinance can be drafted and passed? Mr. Fernandez: Subject to all of the other conditions that I have outlined for you in my legal opinion. Mayor Suarez: Oh, to heck with your legal opinion! Give it to me now! What, if anything, would be a problem, technically, with doing that? Mr. Fernandez: When you mean new employee you cannot be so simplistic as to imagine, Mr. Mayor, that all employees are of the same kind of the same level. If you're talking about employees who will become union members, then, in my legal opinion, I have outlined to you a process that must be followed to consider members of union. If, by an employee, you mean someone that would be unclassified, managerial confidential, and the like, absolutely no problem with your suggestion, Mr. Mayor. Mayor Suarez: OK. Mr. Vice Mayor, maybe you can shed some light into what all that means. Vice Mayor Dawkins: How could he be a member of a union if he, or it, or she, is not hired? Explain that to me, Mr. City Attorney. Mr. Fernandez: No, no, no. I heard our mayor say new employee. The moment he becomes an employee... Vice Mayor Dawkins: See, but now you just said it has some problem with the union. Mr. Fernandez: You're not talking... Vice Mayor Dawkins: How can it be a problem? How can he be a member of any bargaining organization until he becomes an employee? Mr. Fernandez: Then, Mr. Mayor, change your question to applicants, and then my response would be different. Are you talking about employees or applicants, Mr. Mayor? Mayor Suarez: God, I thought it was a fairly simple question! All right, people who are expected to become full-time employees who at that time are applicants. Let's do it that way. Can we impose on them, forthwith, immediately, the requirement that they live in the City? And that they continue living in the City if and when they are employed. Mr. Odio: Let me... Mayor Suarez: Wait! Please, let me get a legal opinion, Mr. Manager. Mr. Fernandez: Again, as to applicants, the idea is that these applicants, once they become employees, you cannot ignore their ultimate status. Once 24 October 25, 1990 they've become employees, they will be subject to the terms and conditions of labor agreement. And so, yes, while you can have a policy that if, after negotiations with the unions, they are required to be employees, yes you can require that in the first step of being applicant. Commissioner De Yurre: And, under the labor relations agreements that we have, is a probationary employee covered by the union? Mr. Fernandez: Yes. Commissioner De Yurre: During the probationary period? Mr. Fernandez: Yes. Commissioner De Yurre: I just want to point out that, you know, that there's a long history of this issue, nationwide, and I just want to put on the record some of the reasons given in support of residency within the City for employees. Some of these are: to ensure employees take pride in their work; to provide jobs for the City's own residents; to help achieve racial and ethnic balance in the City workforce; to promote confidence in local government; to protect the public coffer; and, in paren., assuming that employees live in the City spend their salaries there and hence keep the City's money circulating within its boundaries; to enhance the emergency manpower pool; to promote understanding of local customs and habits, such as community identity. Also, when we talk about negotiating this issue with the unions, of course, we're talking about bargaining in good faith. I just wanted to put these items on the record. Mayor Suarez: And the good faith applies to us and to the unions. Commissioner De Yurre: Of course. Mayor Suarez: All right, does anybody want to make a motion? I think we've kind of beat it to death, and the Vice Mayor, whose item it is, initially, wants to go ahead and bring this to a closure by... Mr. Smith: Just one point I want to make clear, and this is the point that I asked City Manager Reese in 1968. How many black police officers do you want? At that time, he couldn't - he wouldn't give me an answer, and I'm saying to this Commission today, if you want to make a meaningful recruitment, it has to be a commitment as to terms of numbers. What do you want? You made a good suggestion. It would be nice for the blacks to handle their neighborhood, but to me, if you had a black officer riding with a nonblack officer throughout the entire City of Miami, that would be a good image for the City of Miami. And, therefore, we should think about that in terms of numbers. But make sure if you're going out to recruit again, I say this, that you have to have a number, and once that number goes across the nation, you have guys coming from all over, outside, but if you say in the City of Miami we want 300, 400, 500 black police officers, you'd get them in a year's time. Mayor Suarez: I think you would have no problem getting the sufficient applicants from the City of Miami. OK, Mr. Vice Mayor. Vice Mayor Dawkins: I'd like to make a motion that - and the City Attorney would have to draw it up so that it would be legal and bring it back at 2:30 so that we can move on it - and my motion, simply stated, is this. All employees of the City of Miami who are paid with ad valorem taxes and federal funds in the City of Miami must reside in the City of Miami to ensure that those tax dollars circulate back into the system to keep the tax base average. Somewhere along the lines, when it is brought back, I have no problems with me, personally, grandfathering anybody in who has 15 to 20 years in the service. He could be grandfathered in, but for me to grandfather a guy in with five years in the Police Department, the Fire Department, or anywhere else, knowing good and well that he is going to work 25 or 30 years and he'll be locked into that slot, is just not feasible, and we're defeating our own purpose. Now, why do I say 15 to 20 years? Usually if a guy has got 15 or 20 years he could retire, so therefore if he's not desirous of selling his home or moving into the City of Miami, then I think that he should seriously consider retiring and working where he lives. And that's my motion. Mayor Suarez: OK. of the motion. Madam City Clerk, would you read back the beginning part 25 October 25, 1990 0 Commissioner Plummer: Is there a second? You just asked for it to be read back. Mayor Suarez: Yes, I just want to make sure I understand what categories of employees is it going to apply to. Ms. Hirai: It's just instructing the City Attorney to draft appropriate legislation to be back by 2:30 stating that all City of Miami employees who are paid with ad valorem taxes or federal funds in the City must reside within the City to ensure that the dollars will circulate back into the system. He... Mayor Suarez: OK, no, I just wanted to hear the first part, if there had been any exceptions, or if it had been narrowed down to new employees. All right, so stated, it would apply to all employees of the City of Miami and, of course, the Vice Mayor has indicated, as we all know and is in the record, it is subject to all of the rules and regulations of the City that may have to be modified if it passes. So moved. Commissioner Alonso: Mr. Mayor, may I make a comment? Mayor Suarez: Yes, Commissioner Alonso. Commissioner Plummer: Excuse me, is there a second? Ms. Hirai: No. Commissioner De Yurre: I'll second it for discussion purposes. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: I have a problem with the motion of Commissioner Dawkins in the sense that I feel it's not fair to make exceptions for people who have worked for the City 15 or 20 years. I think that the same burden is presented to the people who have been here five or seven or three years, therefore I don't believe that it is right to make this exception and if, in fact, the person does not want to reside in the City of Miami and they are ready to retire, they will be able to do so regardless if the exception is included or not in your motion. If you would consider to remove that part, because I'm very supportive of this motion, and I believe very strongly that it's one of the best moves that we can make in the City of Miami. Vice Mayor Dawkins: Do I hear the Commissioner saying that if I remove the grandfather provision that she will support the motion? Commissioner Alonso: Yes, I will. Vice Mayor Dawkins: I'll restate the motion, deleting the grandfathering in, stating that any and every employee employed in the City of Miami must reside in the City of Miami. And when this motion passes, I'll make another motion. Mayor Suarez: So moved. Commissioner Plummer: Question. Vice Mayor Dawkins: What about the second? Does the second accept that? Commissioner De Yurre: For discussion purposes, I second the motion. How are we going to, first of all, enforce this as far as time frames? How are we going - also, not only as far as people moving into the City, but policing it, because I can see all kinds of things happening about people putting false addresses and, you know, putting in a cousin's address, that that person's living there, and creating a whole bunch of situations that, you know, to circumvent the spirit of the law. What kind of enforcement and penalties are we looking at? Vice Mayor Dawkins: Well, the first thing was, my second motion was going to be that we instruct the Manager - this Commission, with three votes, instruct the Manager that he does not sign any new bargaining agreement that does not j include the residence in it. That would be the first part. The second part is that you would sign a notarized statement, under the threat of perjury if 26 October 25, 1990 you lie about where you're staying, and give it to Janet Reno, and you go to jail. Mayor Suarez: That's one way to do it. Commissioner De Yurre: What time frame are we looking at as far as people moving into the City? Do you have any concept? Commissioner Alonso: I think that we should give them some time, and it will be reasonable to work on that sense, I think probably perhaps. I don't know... Vice Mayor Dawkins: Well, I would agree, and since everyone has stated that the bargaining agents' contracts are up within one year. Commissioner Alo;iso: One year. Vice Mayor Dawkins: So I would say, give them 18 months, and that would give them a year to make up their minds before the Manager... because the Manager will already have instructions not to sign any bargaining agreement that does not include this, so they'll have a year to do what they're going to do, and after we have the bargaining contract with the residency in it, then they'll have six months after that to do what they want to do. So I would say 18 months. Mayor Suarez: OK, does the mover include that in his motion? Vice Mayor Dawkins: It can, or it cannot. I was going to make another motion, but... Commissioner De Yurre: Well, we're still discussing this aspect. Mayor Suarez: We may as well, if it reflects a consensus of the people who may vote favorably. Vice Mayor Dawkins: I have no problem adding that, that there be 18 months' compliance. Mayor Suarez: And the seconder accept that? Commissioner Plummer: From today, or from the signing of the new agreements? Vice Mayor Dawkins: From today. Commissioner Plummer: Mr. Mayor... Mayor Suarez: Or the effective date of the ordinance? Commissioner Plummer: Mr. Mayor, you know, I am in favor, conceptually, every argument that has been proffered today for the purposes of having the employees in the City. You have to agree with. Can't disagree with them. They're good, substantial reasons. But, you know, we're talking about economics. Where this requirement has not been in the past, a man is up to his neck in mortgages and obligations, and I'm sure that this - regardless of what George says - I'm sure this is going to affect some blacks, some Latins and some Anglos. Vice Mayor Dawkins: That's the -..orkforce. Commissioner Plummer: OK, so it's not an issue across the board. Vice Mayor Dawkins: And some Cubans. Commissioner De Yurre: And some Cubans. Commissioner Plummer: I thought we left that last week. I hope we did. You know, I am concerned about a man - and that's why I thought that what I had been told last night seemed very reasonable. I am fully in favor of any new applicant that comes to this City has that. He knows it and that's the name of the game. I have no problem with that whatsoever. OK? My concern... 27 October 25, 1990 Mayor Suarez: Let me interrupt you here for a second, if I may, for a clarification. Commissioner Plummer: Sure. Mayor Suarez: As stated, the motion would, of course, include new applicants, so that if we're not able to implement the part for existing employees... Commissioner Plummer: He said all. Mayor Suarez: ...at least that would go into effect, would it not, Mr. City Attorney, if it becomes an ordinance? Vice Mayor Dawkins: Beg pardon? Mayor Suarez: As stated, the motion includes all employees - that includes all new applicants - so at least that portion would go into effect, if... Commissioner Plummer: Yes, of course. And, Mr. Mayor, I have absolutely no problem - I think it is an excellent idea, OK? We, if we want to run for this City Commission, we've got to reside in the City of Miami, so we're not imposing upon new employees anything different than what is being imposed upon us as a commissioner. Vice Mayor Dawkins: But if I move out of the City, J.L., I lose my seat. Commissioner Plummer: That's correct. Vice Mayor Dawkins: So why when you move out the City, they can't lost their jobs? Commissioner Plummer: Because when you ran for that job you knew what the rules were. Vice Mayor Dawkins: They knew what the rules were. I just showed you they knew what it was and they applied to change them, J.L. Commissioner Plummer: No. What it's saying here is, is in Dade County, OK? Mayor Suarez: OK, let's complete the statements and vote, please. Commissioner Plummer: Now, let me continue. Vice Mayor Dawkins: I'm sorry. Thank you, Mr. Mayor. Commissioner Plummer: My concern has to be about the poor devil who is up to his neck in obligations, who is now, by this motion, going to be forced to move back. And there is no question that the man that lives in Pembroke Pines, that lives in a house that's a $100,000, if he would try to enjoy the same life-style here in this City, is going to have to spend $200,000 to get the same life-style. It's the difference between the urban and in the City. I can accept that which I heard last evening to go even further, that if, for whatever reason, that man sells that residence, his next one will be in the City of Miami. I think that's fair. I think that's fair. They might not like it, but at least we're not strangling that man. You know, in the private sector, when they force a man to move, the private sector picks up the tab. They will, in fact, subsidize him between what he sells his house for and what he buys a new one, and they pay for the transfer, they pay for the movers, they pay for all of that, and none of that's been discussed here today. And I guess it's rightfully so because we don't have the money. I would love to wake up tomorrow morning and see every City employee live in the City of Miami. I would love to see that. I think it's a great idea, and it should be. The only area that I disagree is in the area where a man is up to his neck in obligations, and now you're going to force him to abandon all of that, take all the losses that he's obviously going to have to take, and force him to spend more money to become a resident. Mayor Suarez: All right. Commissioner Plummer: I just can't accept that. fair. I just don't think it's 28 October 25, 1990 0 0 Commissioner De Yurre: Let's talk about that concept... Mayor Suarez: Commissioner De Yurre. Commissioner De Yurre: ...which is the one that I've expounded publicly already, and let's take it in a different light. What about - is there any differentiation in this concept... Again, you know, the market - you can't sell a damn thing nowadays and get what the property's worth because the market is terrible, you know, and it depends on the conditions, and most of the people that work in the City of Miami, they've probably got their life savings put into their home. Commissioner Plummer: It's the biggest purchase anybody makes. Commissioner De Yurre: Now, what about any difference between the individual that owns a home and the one that rents. Can we make any distinction there? Commissioner Plummer: Yes, I could, very definitely. You're asking me? A man who rents, at the end of his lease, yes, that it's required that he has to move in. I have no problem with that. Commissioner De Yurre: So then, because the grandfathering concept, I think, is one that we need to take into consideration, certainly with the ones that own property outside the City of Miami. I think that's something that needs to be addressed. And, again, with that concept that if you sell your property, if you move out of that property, you have to move into the City of Miami. Mayor Suarez: The problem, as you're proposing, if you try to make a distinction on the basis of what kind of property is owned, you're really going to be, pretty soon, making an exception for people who are, in effect, in a little bit better economic position because they happen to own a home than if they may be renting, so I suggest to you that if you want to grandfather, that you either do it as a grandfather of all employees who presently reside outside of the City, and who have a certain number of years of service, or, as proposed by the Vice Mayor, in the City, or that you simply make it all employees who happen to presently be employees and who happen to reside outside the City. Vice Mayor Dawkins: That is the motion. Commissioner Plummer: Well, you could also add it this way, that if they change their address, for whatever reason, whether it's rental, or whatever. Mayor Suarez: And that would catch anyone... Commissioner Plummer: If they change their address... Mayor Suarez: Their domicile - Commissioner Plummer: Then their next address shall be in the City of Miami. Mayor Suarez: Right. Commissioner Plummer: I have no problem with that. Vice Mayor Dawkins: That is not a part of my motion. Commissioner Plummer: I understand that. Mayor Suarez: But I'm just suggesting that as we discuss the possibility of an exemption, or a grandfathering, that we don't get into the issue of whether the person owns property or not, because that, constitutionally, would create all kinds of problems. Commissioner De Yurre: I just wanted to see if there was any distinction that should be made on that issue. Mayor Suarez: And the issue of hardship is one that makes good reading in the transcript, and I know we're all concerned about it, but the fact of the matter is, Commissioner Plummer, that in many, many cases, if people were required to live in the City, and if they did own property outside the City, 29 October 25, 1990 0 or were residing outside the City, they may actually find that in some neighborhoods in the City they can live for a heck of a lot less and be a lot closer to the workplace and pay less in transportation than otherwise. So I understand what you're saying, and in many cases it would cause a hardship. People have a home that has a very low mortgage, and that may not have a good resale value right now, but hardship is not individually something we can consider. We're going to have to look at it as a category of exemptions, if we're going to put in an exemption and, if not, pass it and see how well we can negotiate with the unions, as has been proposed in the motion. Does your motion still include, by the way, an exemption for people with a certain number of years of service? Vice Mayor Dawkins: No, no. Mayor Suarez: OK. No exemptions in the motion as made? Commissioner Plummer: No, he withdrew that. Vice Mayor Dawkins: You see, the reason I say that is, we sit up here and we are not being fair, you know. Everybody talks in terms of what's going to happen if, and we're concerned up here... is there are no more taxes to be levied. We are at the ten mill cap. The citizens of the City of Miami does not pass any bond issues. The City Manager, now, is scrapping to find funds, so next year if we have to lay off 50 policemen, 20 firemen, 10 garbage collectors, 16 park tenders, they will be without a job. What is the hardship then? Because they are working for the City of Miami and they reside outside of the City of Miami, it's less of a hardship then, than it would be now if he's required to move into the City of Miami? No, he'll be without a job. So, I fail... and frankly I think, Mr. Mayor, we'd better... it was a pocket item, and since it's my motion I'd like to call the question. Mayor Suarez: OK, we have a motion as stated. It's been seconded for discussion. Does the second still... Commissioner De Yurre: But what is... Can you repeat the motion? Mayor Suarez: The motion, I believe, is that with an implementation date of 18 months from the effective date of the ordinance the City Attorney be instructed to bring back an ordinance that requires all City employees to reside in the City of Miami, and that the City Manager be instructed that in labor negotiations that be a provision of what is negotiated with all the different unions. Commissioner Plummer: No, no take. All give, no take. Mayor Suarez: That's the motion. Commissioner Plummer: He called the question. Mayor Suarez: So moved. You second it still? Commissioner De Yurre: My concern is I want the residency requirement and I would like, and I do want to vote for the residency requirement. My concern is the actual implementation and how to go about it. Can you make a motion for the residency and then move on, and then make your second motion? Vice Mayor Dawkins: If someone is desirous of making a substitute motion, they may do so. I intend to vote for my motion as it is. Mayor Suarez: OK. Vice Mayor Dawkins: And Commissioner Alonso has assured me that she is voting for it as is, so that means that Commissioner Alonso and I only need one more vote for this to become the law of the City of Miami. Mayor Suarez: OK, do we have any substitut.e... Commissioner Plummer: I'll make a substitute motion. Mayor Suarez: Substitute motion. 30 October 25, 1990 0 Commissioner Plummer: I'll make a substitute motion that the difference being that anyone who lives outside of the City of Miami at the inception of the 18- month rule, from that day forward, if they change address, will be required to have an address... Excuse me, if they change that address - their residency address - that they will have a residence address in the City of Miami. I'll offer that as a substitute. Mayor Suarez: So they are grand£athered in to the extent of their existing domicile. Commissioner Plummer: Their existing obligations and domicile, yes. Commissioner De Yurre: Are you saying from what point, now? Commissioner Plummer: From the 18 months when this ordinance becomes effective that he's proposing. Commissioner De Yurre: No, but what he's proposing is that you have to live in the City within 18 months. Commissioner Plummer: Victor, excuse me. I have no problem with putting that in today, OK, as effective whenever this ordinance is effective. Mayor Suarez: So you don't get 18 months worth of grandfathering in efforts by people. Commissioner Plummer: OK, that's fine, that everybody runs out and buys a residency so they'll have one outside. Commissioner De Yurre: That's right. Commissioner Plummer: I have no problem that whenever the second... Commissioner De Yurre: As of today, wherever you live today. Commissioner Plummer: That's correct. Commissioner De Yurre: I'll second that motion. Mayor Suarez: So moved and seconded. Any discussion on that motion? It does not preclude, Commissioners, the restating - actually it's already before us - of the other motion, so we'll take votes on both. Commissioner Plummer: Right. Mayor Suarez: OK, so moved and seconded. Any further discussion on that? If not, please call the roll. Commissioner Alonso: Are we going to vote now on the one on the substitute motion? Mayor Suarez: On the substitute motion. Commissioner Plummer: Substitute first. Mayor Suarez: But we also will vote on the initial one. Commissioner Alonso: All right. OK. Mayor Suarez: Call the roll. Commissioner Plummer: Excuse me. If the substitute passes, then you don't vote on the initial one. Mayor Suarez: Well, it may be restated. Commissioner Alonso: Well, there was a second. It means that Commissioner De Yurre... Vice Mayor Dawkins: If it doesn't pass, then you vote on the other one. Commissioner Plummer: Exactly. 31 October 25, 1990 0 Mayor Suarez: Yes, if it really does substitute the first one, but I'll entertain the other motion because I think we ought to get on the table exactly how we feel about the more sweeping proposal that the Vice Mayor has made. OK. Commissioner Alonso: So, Commissioner Dawkins has a motion on the table. Commissioner De Yurre had previously seconded the motion... Mayor Suarez: Seconded it. Commissioner Alonso: But then... Mayor Suarez: He's withdrawn his second. Commissioner Alonso: He's withdrawn... Mayor Suarez: He's filing a substitute motion. That one has been seconded. Commissioner De Yurre: I'm seconding J.L.'s substitute motion. Commissioner Alonso: I'm willing to support Commissioner Dawkins. Commissioner De Yurre: I have just seconded J.L.'s substitute motion. Mayor Suarez: Mr. City Attorney, if this is voted on favorably does it preclude a motion as per the first motion of the Vice Mayor? Mr. Fernandez: Vice Mayor Dawkins's motion then does not come up for a vote. Mayor Suarez: Does it preclude it being restated and seconded and then put to a vote? Mr. Fernandez: Well, you can, you can, it can be removed as a separate motion, and then if it's inconsistent with the substitute motion that passed, it wouldn't make sense. Mayor Suarez: That's what I'm asking, and you're stating the answer as a condition. Commissioner Plummer: Sure. Mayor Suarez: Is it inconsistent to then vote and get a sense of the Commission as to whether they would like to - whether we have a majority in ! favor of the more sweeping reform proposed by the Vice Mayor? Mr. Fernandez: It would be totally inconsistent, if the substitute motion passes, to then consider Vice Mayor Dawkins's motion because the two would have completely different results. Vice Mayor Dawkins: Boy, I know how George Bush feels. Commissioner Plummer: Yes, but thank God I'm not a Republican! Commissioner Alonso: But Vice Mayor Dawkins had a motion and we were not given the opportunity to second his motion because we were waiting to see what Commission... Mayor Suarez: That's true, but if you seconded it now - Commissioner Alonso: Yes, I do. Mayor Suarez: Then the substitute motion still has to go first. Vice Mayor Dawkins: If the substitute motion fails, Commissioner De Yurre, I'll restate my motion, looking for a second. And if we get a second, then we have... Mayor Suarez: And it's on the table because Commissioner Alonso is in fact seconding, and it will be voted on because I'm going to vote against this motion, anyhow, so let's just try and take the vote. 32 October 25, 1990 0 Commissioner Plummer: Let's get technical. Mayor Suarez: That solves it. Commissioner Plummer: There is no substitute or main motion on the floor. You can't have a substitute to a main motion that doesn't have a second. Mayor Suarez: She just seconded it. Ms. Hirai: Commissioner De Yurre seconded. Commissioner Plummer: Oh, you seconded it. I'm sorry. Mayor Suarez: But it doesn't matter because we're going to take a vote on the substitute motion... Commissioner De Yurre: Mr. Mayor... Mayor Suarez: ...and I don't think it will pass. Yes, Commissioner De Yurre. Commissioner De Yurre: Mr. Mayor, one thing that I want to point out is that when I'm thinking of City employees - you know, I just saw Matthew Schwartz - I'm talking about DDA and any extension, any arm of the City of Miami. Commissioner Plummer: Well, you want to include in there, as Dawkins had, that anyone that is on City payroll. Commissioner De Yurre: That's right. Mayor Suarez: Including City agencies and authorities. Commissioner Plummer: I'll include that in the substitute motion. Mr. Fernandez: DDA is not City payroll, neither is Department of Off -Street Parking, City payroll. They have their own separate proceedings, personnel, payroll, and everything else. Mayor Suarez: Do you mean to include City agencies and authorities? Commissioner De Yurre: Well, whatever - as many people as we can get involved in this thing. Legally, you tell me who we can. Mayor Suarez: Including City agencies and authorities, pursuant... Commissioner Plummer: That's a scatter gun! Commissioner Alonso: All City employees. It should be as clear as it can be. Vice Mayor Dawkins: Any time you vote on their budget, they're your employees. Commissioner Plummer: Wait a minute, now. I'm sorry to disagree with you. Mayor Suarez: That's the intent of the motion. It includes City agencies and authorities whose budgets are approved by this Commission. How about that? Commissioner Plummer: If we don't pay them, we can't dictate to them. Vice Mayor Dawkins: But if we don't sign their budget, they don't have any money. Commissioner Plummer: OK, if you want to go to that extent, f ine. If they don't do what you say, you replace all the members. Mayor Suarez: All right, if not, we'll take that - right - we'll take that as a separate motion. Commissioner Plummer: OK. Mayor Suarez: All right, let's just leave the definition of City employees. It hasn't been drafted into an ordinance yet. It hasn't been enacted, and it hasn't been negotiated with the unions, so... We have the substitute motion... 33 October 25, 1990 Commissioner Plummer: I only have one further question, Mr. Mayor. Mayor Suarez: ...for grandfathering existing employees. Yes, Commissioner. Commissioner Plummer: Mr. City Attorney. Mr. Fernandez: Yes, sir. Commissioner Plummer: If the substitute motion passes, does that have to be negotiated in union contracts? Mr. Fernandez: Yes, you would still have to negotiate with the unions the issue of prospective employees as it would be applied to them. Commissioner Plummer: Thank you, sir. Mayor Suarez: OK, so moved and seconded. Any discussion on the substitute motion that grandfathers in existing employees? If not, please call the roll. THEREUPON, A SUBSTITUTE MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DE YURRE (ESTABLISHING A RESIDENCY REQUIREMENT, BUT GRANDFATHERING IN ALL PRESENT CITY EMPLOYEES AS OF THE INCEPTION OF THE 18-MONTH PERIOD) FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. NOES: Mayor Xavier L. Suarez Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins ABSENT: None. Mayor Suarez: No, I vote no, and I'll entertain the first motion, the more sweeping motion. We actually have it on the table because you seconded it. Commissioner Alonso: Yes. Mayor Suarez: This would give an 18-month implementation and call for the City Manager to include it in all union negotiations. Let me say on that, that because of those facts, it makes sense, from my perspective, to vote for the more sweeping reform because we're going to be negotiating very intensely, and in the process of negotiating we or may not have to build in some exceptions under the law. And, as such, I'd much rather take that approach which puts the existing City employees, represented by the unions, in a position of having to bargain a little bit harder than they would otherwise, so that's why I'm going to vote favorably to the second motion, although - to the initial reform, although it may ultimately lead to something fairly similar. All right. We have a motion and a second. Any discussion? If riot, please call the roll. Ms. Hirai: Excuse me, Mr. Mayor, since Commissioner De Yurre had withdrawn his second... Mayor Suarez: Commissioner Alonso seconded, for the third time. Please call the roll. 34 October 25, 1990 The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 90-824 A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION (TO BE READY BY 2:30 P.M. THIS AFTERNOON) ESTABLISHING A RESIDENCY REQUIREMENT AND STATING THAT ALL PRESENT CITY OF MIAMI EMPLOYEES - INCLUDING EMPLOYEES OF CITY AGENCIES AND AUTHORITIES WHOSE BUDGETS ARE APPROVED BY THE CITY OF MIAMI COMMISSION- MUST RESIDE WITHIN CITY LIMITS TO ENSURE THAT TAX DOLLARS CIRCULATE BACK INTO THE SYSTEM; FURTHER DIRECTING THE CITY MANAGER NOT TO NEGOTIATE ANY FUTURE COLLECTIVE BARGAINING AGREEMENT THAT DOES NOT INCLUDE SAID RESIDENCY REQUIREMENT; AND FURTHER DIRECTING THE ADMINISTRATION TO ENFORCE SAID RESIDENCY REQUIREMENT 18 MONTHS FROM THE EFFECTIVE DATE OF THIS INSTRUMENT. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr.. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner De Yurre: I want to be a part of the effort because I think it's important that residency apply to our employees. I didn't want it to be as strict as is being proposed here, but I do want to be on the record saying that I do believe in this effort and that is why I'm voting yes. Commissioner Plummer: I think the intent is good. I think morally it's unfair, and I have to vote no. ------------------------------------------------------------------------------ 8. URGE DEPARTMENT OF OFF-STREET PARKING TO SELL TO THE CITY, AT COST, MUNICIPAL LOT 10 IN SUPPORT OF THE NEW WASHINGTON HEIGHTS COMMUNITY BASED ORGANIZATION'S HOTEL PROJECT (AT N.W. 1 STREET AND N. MIAMI AVENUE ON SOUTH SIDE OF N.W. 5 STREET). Mayor Suarez: We have a group here that is interested, I believe, in the whole issue of Washington Heights. I sent a memo to the Commissioners, I think, with five days' notice, although it may or may not lead to legislative action, I think the concern properly stated is that what we thought we had done with Washington Heights, which is to make land available, I think, essentially, for free, I mean, so that you could build this exciting project - I know your counselor is here - somehow is being bogged down with technical impediments being placed in the way of carrying out this project which, everywhere I turn, is seen as unique in the United States, minority owned hotel. And, George, where are we on this thing? What do we need to do to get this going? Commissioner Plummer: That was tied in with the Off Street Parking Authority. Mayor Suarez: Yes, it is and it's also tied in apparently to our bonding... Vice Mayor Dawkins: That's my problem, J.L., I really don't know why - well, let me wait till they finish, I won't... Mayor Suarez: Yes, what do we need to do to get this thing going? If it was our intention to make available land that is owned by... to me, the Off Street 35 October 25, 1990 0 0 Parking Authority is part of the City, I've always made that my submission. But, anyhow, George, what do we have to do to get this thing going? Mr. George Knox: All right, to state it simply - for the record, I'm George Knox, I'm an attorney with offices at 25 W. Flagler Street, penthouse. And I represent the New Washington Heights Community Development Conference and I'd like to acknowledge the presidents of the chairman of the board, Father Barry, and former Vice Mayor Athalie Range, along with the construction manager and the financial advisor to the project. And I can tell you quite simply that there is a difficulty and the difficulty is that there has been no provision made to the satisfaction of those people who will ultimately finance this twenty million dollar ($20,000,000) project regarding the cost of the land. The Off Street Parking Board has indicated, from the beginning I might add, it's expectation that it would be compensated for the value of the land on which the project is to be constructed. Off Street expects to be compensated in the amount of 3.5 million dollars. We negotiated an agreement with joint venturer to the effect that we would endeavor to obtain some assurance that over a period of seven years, there will be a mechanism that will be developed that would compensate Off Street parking for the land and Off Street has agreed to have a deferral of any actual payment until that time. When the developer presented the proposal to his financiers, they concluded that it was not financially feasible if the cost of the property would have to be included as a cost of the project. Because that would raise the cost of the project from around twenty million dollars ($20,000,000) to something more than twenty-three million dollars ($23,000,000) and that's not feasible against a two hundred and twenty-five or two hundred and twenty-three room hotel. Because the basis of the amortizing of the cost would come out to about a hundred thousand dollars ($100,000) per room and the thumb nail, or if you will, is that in order to recover a hundred thousand dollars ($100,000) per room, it will be necessary to charge more than a hundred dollars ($100) per night per room. And the profile of the hotel is such that we don't expect that it would be competitive unless we have prices that are competitive with the existing market. And that's somewhere between sixty-five and eighty-five dollars a room. So, our problem is that we need to be able to give assurance that through the mechanism of tax increment financing, the City could ensure that the Off Street Parking Board will be compensated or at a minimum, can guarantee, if you will, the developer, the joint venture partner, that there will be no requirement on the part of the project to include the cost of the land. I hope that was concise. Mayor Suarez: Let me just clarify because, as a City, we seem to be approaching these things a little bit wrong. What is there on the land right now? Mr. Knox: The land right now has a surface parking lot. Mayor Suarez: OK. Does anybody have any idea how much it brings in in revenues on a yearly basis right now? Mr. Knox: Less than a hundred thousand dollars ($100,000). It's not a very heavily used... Mayor Suarez: Profitable use of the land. Mr. Knox: That's correct. Mayor Suarez: We have - I think you're telling me, that after ten years of working hard, a community based organization has found a joint venture developer that will finance a two hundred and how many room hotel? Mr. Knox: Two hundred and twenty-three room hotel. Mayor Suarez: Which, in this particular case, will be essentially black - owned - although I'm sure that the developer is going to be looking for some kind of a profit - and all of you here are for that purpose, including a former City Commissioner, including Father Barry, who heads our ad hoc committee for investigation of the disturbance that took place in that neighborhood. Now, does the Off Street Parking Authority not realize that if a hotel is built there, at no risk to us other than the use of the land, that we're going to get more a hundred thousand dollars ($100,000) a year in parking revenues just from the people that are going to be attracted to that area? I mean, I.... 36 October 25, 1990 Mr. Knox: I can tell you two things in response, Mr. Mayor. Number one, we are also required by the tentative terms of the agreement to, number one, compensate them for the lost revenues during the construction, and to provide sufficient parking spaces in the structure to the tune of another... Mayor Suarez: That hundred thousand dollars ($100,000) a year has to be compensated back to the Off Street Parking Authority. Mr. Knox: During the period of construction, plus we have to... Mayor Suarez: And so the only thing at issue is the value of the .land where now you have just surface parking. Mr. Knox: Yes, sir, and I can tell you that the City Attorney where as counsel to the Off Street Parking Board, I believe he will concur, that the concern, the apparent concern, of the Off Street Parking is that they somehow violate trust indentures if they don't receive the fair market value of property that they own when they dispose of. Commissioner Plummer: How much did they pay for it? Mayor Suarez: Good question. Darn good question. Mr. Knox: They did not pay very much for it. One of the proposals that was advanced to the Downtown Development Authority in a different discussion had to do with whether or not. Off Street could simply be compensated for whatever it paid for the property when it originally acquired it and this was not met with much favorable response from the Off Street Parking Board. Commissioner Plummer: How much did they pay for it? Mr. Knox: I can't tell you the exact amount. And I don't think that they are really certain because they acquired it some time ago. Commissioner Plummer: Well, obviously, they got to know what it's worth. I mean, can they substantiate their asking price of 3.55? Mr. Knox: What they've done, they've done an appraisal based on the formula that appraisals generally use and that is the highest and best use for the property in today's market and they determined that that would represent a value of around 3.5 million dollars. Commissioner Plummer: George, that's not my point. You know, I think the Off Street Parking Authority is entitled to come out whole. If they paid a less price for it, I don't think they should make a profit off of a community project. Now, but if, in fact, they are obligated, hypothetically, for two million dollars and that's what they've got in it, then I think they're entitled to that. They've got to substantiate their bonds and they've got to show cash flow and revenue. The next question that I.... Mayor Suarez: Well, wait, wait, you just hit the nail on the head. They've got to substantiate their bonds by showing the ability to pay them back through revenues. They are bringing in a developer with a large credit statement that guarantees the payment of the equivalent amount of rental for this property, plus they're going to build there a parking facility with more automobiles, right? Mr. Knox: Yes, sir. Mayor Suarez: So they're actually putting the Off Street Parking Authority in a better situation in terms of their ability to get income from this land. They're guaranteeing a hundred thousand dollars ($100,000) a year, J.L. Commissioner Plummer: To the property. Mayor Suarez: Yes, to the Authority. Commissioner Plummer: Yes, but... Mayor Suarez: During the time of construction. After construction, there will be a bigger facility, it will be not just surface parking, but two, three floors. 37 October 25, 1990 Commissioner Plummer: So, in other words, am I to understand what New Washington Heights wants to do is lease the property on an annual guarantee? Mr. Knox: Well, the arrangement now is that the property will be leased from Off Street. However, the return that Off Street is expecting is a return that will allow for them to receive the fair market value of the property. And what we have structured to this point is a 20 year lease with a balloon payment, if you will, after the first six years, on the seventh anniversary of the operation of the facility. Commissioner Plummer: And after twenty years it would revert back to the Off Street Parking Authority? Mr. Knox: Or the lease. There are two additional options provided in the lease. Mayor Suarez: But, during construction, while there's no facility there, while it cannot be used for parking, you're guaranteeing the amount that they are now receiving in a streams of revenues there. Mr. Knox: Yes, sir. Mayor Suarez: And then afterwards there will be a structure there. There will be a developer with a large credit line to... there will be more parking spaces and there will be an attraction built on there that would presumably attract more people to park there. Commissioner Plummer: Yes, but... Mr. Knox: Now, I can add... Commissioner Plummer: ...the parking that they would be providing would be for the occupants of the hotel. Mr. Knox: No, that's what I wanted to answer, Commissioner Plummer. We are also committed to construct a parking garage consisting of four hundred and fifty spaces, when less than two hundred are required to service the hotel. Commissioner Plummer: Well, there's also one being constructed right now by the state right next door. That's under construction. George... Mayor Suarez: Now, the catch is that the fair market value return after a certain number of years. If they... Commissioner Plummer: No, I don't see it that way. Mayor Suarez: OK, if they have to return back to them this supposed fair market value of this land at three and a half million dollars ($3,500,000) which, God knows where they got that from, as opposed to whatever they paid for it or as opposed to zero, because the whole idea is it's a public agency that wants to - that should be in the business of trying to improve public welfare by creating an important project - but anyhow, let's assume your question. Let's say that they paid for it half a million dollars ($500,000). Is that an at all a good guess? -what they may have paid for this land? Mr. Knox: I believe that's a good guess. They acquired it some time ago as a part of a whole slum and blight clearance program to the best of my recollection, but I have no idea about the original cost. Commissioner Plummer: Well, if they paid a half a million ($500,000) dollars, then in my estimation, a hundred thousand a year guarantee is too high. Mayor Suarez: Then they're getting more out of it and then... Commissioner Plummer: Not necessarily. Mayor Suarez: ...expecting a fair market return. Commissioner Plummer: All right, Mr. Mayor, if, in fact, you know, we're talking in circles because we don't know. But, if they paid two million dollars ($2,000,000) for that property, I think in any fair market value, the 38 October 25, 1990 •. 4W Authority would be entitled to two hundred thousand dollars a year. Ten percent return on your investment is a good return. Mayor Suarez: On your cost investment. Commissioner Plummer: Yes, sir. So, what I'm saying is, without knowing what their bottom line is and what they have involved actual hard dollars, including litigation to acquire that property, how can you make a determination what is a fair return without knowing the bottom line? Mayor Suarez: Well, they've been trying to do it, the Off Street Parking Authority has been trying to do it on the estimate of what they think the land is worth now. Commissioner Plummer: No, well, I don't agree with that. Mayor Suarez: I got you, I got you. So we're headed in the right direction. Mr. City Attorney, are you about to tell us that even if we knew that the land was half a million dollars when it was purchased, let's say, by the Off Street Parking Authority, that we can't tell them that they must make it available on that basis on return of the cost value and not fair market value? Is that what you're going to tell us? Mr. Jorge Fernandez: Correct. For the following reasons. First of all, the group that's here in front of you today is here as a result of a competitive process in which they responded to an RFP and it was a condition of the RFP that the property, the land to be acquired, would be acquired at fair market value. That being a condition of the RFP on which the... Commissioner Plummer: Excuse me, acquired by lease or purchase? Mr. Fernandez: Long term lease. Commissioner Plummer: Twenty years is not a long term. Mr. Fernandez: That is subject to... Mayor Suarez: Twenty year minimum lease. Let's not quibble on what is long term. Commissioner Plummer: OK, all right. What you're saying is... Mr. Fernandez: Yes. Commissioner Plummer: ...a long term lease, not a purchase. Mr. Fernandez: Correct. Commissioner Plummer: Continue. Mr. Fernandez: Number one, number two, that while you may be today expressing your policy and your beliefs in this regard, as counsel for the Department of Off Street Parking and for that board, may I caution you that they are dealing with this item. In the absence of their executive director here, or in the absence of any board member here who can represent to you what their position is, I can only tell you that the issue of the RFP and, secondly, that the bond indenture concerns that they have from a financial perspective, from their actuarial perspective, is very serious. And so for those two reasons, they're insisting that they must receive - in whichever way, in a structured payment, and the negotiations that have already taken place, a seventh anniversary lump sum payment has been considered and the like, but that they, over the life of the lease, receive fair market value and those are valid considerations on the part of the Department of Off Street Parking. Commissioner Alonso: The guarantee that they have for the bonds, is on the basis of the fair market value? -or based on the cost of acquiring the property? Commissioner Plummer: It's the obligation when the bonds were bought. Commissioner Alonso: The obligation is and they are guaranteeing what they are making now and receiving for the actual parking lot, which one is the guarantee that they have? 39 October 25, 1990 0 Mr. Fernandez: I wish I could honestly answer... Commissioner Alonso: Because that is a very important factor. Mr. Fernandez: Bond counsel will be here... Mayor Suarez: And I would submit that when... Mr. Fernandez: ...bond counsel would be in a better position to answer that. Mayor Suarez: ...that when bond counsel shows up, and we may have to consider that a little later on today, all he'll be able to tell us, Commissioner, I'm pretty sure, is that the Off Street Parking Authority, in its issuance of _ bonds, have to show the ability to have a debt service ratio of at least 1.25, which they will have - in fact, this will probably enhance that ability - and a certain amount of capital in the bank, which they typically wanted to keep a million and a half dollars. The rest of it, as far as I'm concerned, is totally unnecessary from bond counsel and from everybody else around here, who is always trying to tell us how not to do the kinds of things we want to do. And if anybody has a bond indenture or an opinion of a court that says the opposite, I'd like to see it. If they want to just bring an attorney that says, well, you know, I just don't think this is a good idea or I want to caution you, to quote the City Attorney, I'm not interested in your cautions. I'm interested in getting this project done and as long as we logically and thoughtfully think that as a matter of public policy, this will put us in a better position, which I think it will, if we go forward with this project, it will bring some major capital investment in that very site that is now owned by the Off Street Parking Authority as an agency of the City of Miami. And, for myself, as a trustee of the City of Miami, that's what I consider them to _ be, then let's do the doggone thing. Now, the alternative, George, I think that you were going to suggest to us, is that from tax increment bond financing, we guarantee back this payment to the Off Street Parking Authority. Mr. Knox: Yes, sir. Mayor Suarez: And, I think the City is going to hopefully tell us that that is an eminently good idea and something that we ought to do. Vice Mayor Dawkins: Explain to me what you're saying, George. Mayor Suarez: George. Mr. Knox: What I'm saying is that we believe and we have at least a very, very informal indication from an individual who is bond counsel with respect to the tax increment financing program for Overtown/Park West, that the City can either acquire the property or use tax increment funds to actually acquire the property and give hard dollars to Off Street Parking, or they can guarantee the ultimate payment from the tax increment financing source. Now, when we negotiate... Mayor Suarez: George, we've evolved to a point here that's very interesting, supposing we were to acquire it from the Off Street Parking Authority at their cost. Can we do that? Commissioner Plummer: We can condemn. Mr. Fernandez: Yes, at fair market value you can do that. Mayor Suarez: That's not what I said. Mr. Fernandez: Oh, you can... Mayor Suarez: Did I say fair market value? I said, at their cost, whatever they paid for it. Can we legally acquire this property from an agency of the City at their cost? If we can't, we may as well just close the doors and cancel City Hall here. Mr. Fernandez: No, the answer is no. The answer is no. Mayor Suarez: We cannot acquire land that an agency of the City owns at the same price that they paid for it. 40 October 25, 1990 Mr. Fernandez: Not from the Department of Off Street Parking, sir, you cannot. Commissioner Alonso: Maybe I'm wrong... Commissioner Plummer: Unless they agree to it. Mr. Fernandez: Unless they agree to, of course. Commissioner Alonso: Yes, that's a good point. Mayor Suarez: Well, can we if they agree to it? Mr. Fernandez: Of, yes, of course, if they agree to.... Mayor Suarez: Thank you. Commissioner Alonso: Because often enough, we find that they do business with parking lots that they have all over the City and somehow, they just pass someone else and they start doing business. And it has never been a problem. I think that we can discuss with them the possibility that they agree due to the importance of this project and the interest that the City of Miami has, to complete and finalize this project that has been going on for so many years and finally we have all things together, properly done, and this is the only problem that is delaying the conclusion of this business. Mayor Suarez: Yes, and by the way, as soon as we buy it from them, if they agree to it, we intend to ask them for the money back because we need it for all kinds of other projects. Commissioner Alonso: I love that. Mayor Suarez: You may not want to tell them that, George, but... Commissioner Plummer: George, let me ask this question, because I assume it's a matter of public record now because there was a bidding proposal. Mr. Knox: Yes. Commissioner Plummer: Who were the successful bidders? Mr. Knox: New Washington Heights... No, what I'm saying is, the successful bidding took place with respect to the grant of development rights for the parcel and New Washington Heights won this. Commissioner Plummer: OK. Mr. Knox: Now, having won the development rights, New Washington Heights spent at least another three years trying to find a joint venture partner. They ultimately found a joint venture partner whose corporate name is Monsieur International. It is an international organization. The principal is a man named Joseph Monsieur, who's done substantial investment and performed substantial projects in American. He's from Egypt. Commissioner Plummer: OK, I'm aware of that. Mr. Knox: Yes. Commissioner Plummer: Now, that's fine, that gets it built. Mr. Knox: Right. Commissioner Plummer: Do they have a commitment from a major hotel or from any hotel chain for twenty years? Mr. Knox: All right, we have a significant letter of interest from Days Inn to operate - to grant a franchise... Commissioner Plummer: George, George, excuse me. A letter of interest doesn't mean a damn. 41 October 25, 1990 Mr. Knox: I know, but we can't get a commitment until they are satisfied that the project is going to be done. Commissioner Plummer: OK, here is my concern, OK? We do what the Mayor suggested and I think that's a good avenue to travel. We pay from tax increment. If there's any loss or default from tax increment monies, the public are going to be on top of our head that you didn't, you, the Commission, did not adequately inquire as to whether or not this was a viable financial situation and as such, now you're going to use our tax increment dollars to bail this thing out. I'm saying is... Mayor Suarez: No, no, no, no, remember we're using it to acquire property at cost, which they, themselves are saying by the hypothetical that we have before us, that it's worth seven times that amount assuming... Commissioner Plummer: Well, OK, I understand that. If we go the route of acquiring. Mayor Suarez: I mean, if anything, we're doing a damn good acquisition for the public. Commissioner Plummer: What George was, in fact, doing was talking about the guaranteeing of the balloon payment from ad valorem - of tax increment. In other words, what I'm saying... Mayor Suarez: Yes, but balloon payment only on the acquisition, on the fair market return on the land. Commissioner Plummer: I understand that. Mayor Suarez: But if we bring that back down to the cost by acquiring it from the Off Street Parking, it's... Commissioner Plummer: Mr. Mayor, I guess really the bottom line is that I need some comfort, that whatever the proposal is, is going to be a viable proposal. OK? Mr. Knox: All right, let me... and I'll just indicate... Commissioner Plummer: And at this particular point, a letter of interest doesn't mean that they're going to proceed. Mayor Suarez: But, J.L., from the standpoint of us as trustees for the public interest in buying this land, if we choose to use tax increment bond financing for it.. . Commissioner Plummer: To purchase. Mayor Suarez: Right, to purchase. Commissioner Plummer: Have no problem. Mayor Suarez: OK, that is all our involvement. From that point forward, everything that is on that land enhances the value of that land including the fact that it's actually a lot more expensive, even at this point, let alone if they build this project. So we have protected the public interest... Commissioner Plummer: So, what you're saying in your scenario, if it goes bad, it comes back to the City of Miami. Mayor Suarez: Yes, we own this.. we could own the thing lock, stock, and barrel, presumably. Mr. Knox: You become the landlord, you become the other contracting party. Now, I want to add one more thing because what you said, Commissioner Plummer... Mayor Suarez: Could become an administration building, Commissioner De Yurre just said. Commissioner Alonso: Great. Now, I want it to succeed. 42 October 25, 1990 e Mr. Knox: I mean, for purposes of your comfort level... Mayor Suarez: For five hundred thousand dollars, can you imagine? That's how much we pay a year just to lease the space. In fact, that's less, a lot less. Mr. Knox: For purposes of your comfort level at this point, I just want to amplify on what Mayor Suarez has indicated. This project has become a high priority project for the Downtown Development Authority and they've gone on record to that effect, the Greater Miami Convention and Visitors Bureau, the Hotel and Motel Owners Associations, the Greater Miami Coalition of Community Development Corporations, and every private... and the Greater Miami Chamber of Commerce, and every private sector entity that is very concerned these days about the establishment of a significant commercial institution in the black community. Vice Mayor Dawkins: How many dollars are they going to contribute, since they're so interested? Mr. Knox: Well, they're contributing inkind services... Vice Mayor Dawkins: Inkind, no, no, no... Commissioner Plummer: That's where their interest stops. Vice Mayor Dawkins: I mean, I think you speak perfect English, OK? But be sure you understand that how much bread they going to give us. I bet you understand that. Commissioner Plummer: You won't even get a half a loaf, I'll guarantee you. Vice Mayor Dawkins: See, he don't understand... Mr. Knox: No, but they are... Vice Mayor Dawkins: How much money are they giving us, George? Commissioner Plummer: A handful of "Howdy," and a mouthful of "Much obliged." Mr. Knox: You can't really measure it in terms of... Vice Mayor Dawkins: George, George, George, I'm your friend. How many dollars are they giving us? Mr. Knox: They're not giving us any dollars. Vice Mayor Dawkins: Any dollars, so don't tell me nothing about how they feel about it, OK? Commissioner Plummer: There you go. Mr. Knox: But they're not giving us... Vice Mayor Dawkins: Talk to us, I mean... Mr. Knox: They're not giving us a slice of bread, but they're giving us an opportunity to have a slice of the pie. Vice Mayor Dawkins: How? Commissioner Plummer: No, they're giving us the opportunity to look at the loaf. Vice Mayor Dawkins: How, George? Mr. Knox: Because what they're doing, Commission, and I'm very serious about this... Vice Mayor Dawkins: Me too. Mr. Knox: ...is raising the consciousness and raising the profile of this project. 43 October 25, 1990 Vice Mayor Dawkins: You see, every time you talk about helping black folks, you talk about raising consciousness and making us feel good and making us feel better and doing what's right, then you don't put no money. You have to have money in order to accomplish these things you're talking about. So you go back and tell them Miller Dawkins say, I don't need their good will. I need money. Mr. Knox: But, we need their technical assistance. Vice Mayor Dawkins: See? So if they are going - if they're that interested in the development of this project, put a half a million dollars, OK? Put a hundred thousand dollars, put a million dollars and then come back and tell me that we endorse this and here's our money. Commissioner Plummer: Miller, Miller.... Mr. Knox: That's still your money though. DDA money is your money. Commissioner Plummer: Miller... Vice Mayor Dawkins: Say what? Wait a minute, let me hear the former City... Mr. Knox: No, I said DDA money, Downtown Development Authority money is your money. Vice Mayor Dawkins: But when we vote up here, that's the DDA's part. Where is the Chamber's part - money? Where is the other people you named money? You see, everytime you all come down here for us, you know... Mr. Knox: Can I withdraw that part? Vice Mayor Dawkins: ...you all give me a lot of rhetoric about how good it is, how committed we are, how much you deserve this, and we ought to do this for you because of the boycott, you do need a hotel. But nobody wants to give you no money for the hotel. But they're going to stand back with a lot of verbiage, you know, and put all the monkey on our back and when the hotel does not get built, they do not say... you know what the Chamber say? Well, we told them we was in favor of it, but they didn't finance it, George. Commissioner Plummer: Two points„ First... Mayor Suarez: Although it is a heck of a lot better idea than the last idea that emanated from certain sources of that group, such as Bayfront Park, for example. So... Commissioner Plummer: Two points. Number one, I'll accept the first dollar, the first dollar from any one of those groups. And the second point is, if we took the same position that they take, nothing would ever happen. Mayor Suarez: All right. Now, Commissioners, are we with or without the good faith of all the interested groups willing to - hopefully, willing to send a resolution to the Off Street Parking Authority that we're interested in acquiring, with tax increment bonds, this land so that we cut through a lot of the red tape, at their cost, not at fair market value in today's dollars, and then restructure the equation so that the return on the value of the land ends up being essentially zero from the standpoint of the community developer. Commissioner De Yurre: And when you're talking about their cost, their acquisition cost or their cost of acquisition plus whatever improvement they've done to the property. Mayor Suarez: Well, they've paved it, I suppose, but they've been getting a hundred thousand dollars a year, so, I mean... Commissioner Plummer: Whatever they got in hard dollars. Whatever they got in hard dollars. Mayor Suarez: Yes. If, in their books it's probably real, real low in cost if you... Aren't I right, Manny, there? But, I mean... Commissioner Plummer: The next question I have and I'll vote for... 44 October 25, 1990 0 Mayor Suarez: ...even if they've surfaced - improved the surface a little bit, they probably had depreciation and everything. Commissioner Plummer: I'll vote for that motion, but I have to ask further questions. Assuming that we acquire that property, that then puts us in the driver's seat to negotiate with this entity. Mr. Knox: Yes, sir. Commissioner Plummer: OK. Now, are we going to negotiate a return to the City for our involvement? Mr. Knox: Well, I would hope not, Mr. Commissioner. Commissioner Plummer: There's no free lunches, George. Mr. Knox: I understand, but remember... Commissioner Plummer: And these people are not going to develop to be a nonprofit institution. Mr. Knox: But that's what they are. Commissioner Plummer: No, no, no, no. Not the developers and not the hotel. Mr. Knox: Oh, all right. Commissioner Plummer: They're there to make money. Mr. Knox: Yes, but you see, one of the reasons, one of the... Mayor Suarez: George, before you answer that, let me just say, we have already the parameters for that kind of negotiation that would be quite acceptable to them, I believe. What we did with our affordable housing projects... Commissioner Plummer: OK. OK. All right. Mayor Suarez: ...we had mortgages that, for ten years or leases that for ten years required only minimal interest payments and the actual... Commissioner Plummer: Mr. Mayor, I have no problem with the terms... Mr. Knox: Right. Commissioner Plummer: The conditions is what I'm looking at. Mr. Knox: All right, we'll Mayor Suarez: All right, and if the Commission were disposed to then make it available on that basis, I think we would be - remember Commissioner De Yurre made the motion in the case of the affordable housing projects - I don't see why we can't do that for a community hotel and... Mr. Fernandez: Mr. Mayor... Mayor Suarez: Yes. Mr. Fernandez: To the extent that you may be interested in the legal ramifications of the decisions... Mayor Suarez: Not one hell of a lot, but go ahead and try me. Mr. Fernandez: Well, but the, you know, oh, you know, I've... Vice Mayor Dawkins: Well, let me ask my question before you get tied up in the thing. What is the City Attorney's position... Mr. Fernandez: Uh huh. Vice Mayor Dawkins: ...on the legal aspects of this and I want you to assure me that what we are doing is legal, that this project will not be held up by 45 October 25, 1990 0 going to court and that what we do today will get off the dime and get the project going. Tell me that legally and that you endorse it and how it's legal. Mr. Fernandez: Again, Vice Mayor, do you want short answers, long answers, reasonable answers? Commissioner Plummer: How about the right answer? Mr. Fernandez: All right. Vice Mayor Dawkins: No, it's all right, I understand. He can't assure me, that's all, that's good enough. He can't assure me. Commissioner De Yurre: That's not one of the options. Commissioner Plummer: How about the right answer? Mr. Fernandez: There you go. Vice Mayor Dawkins: Now, so none of those options. So, therefore, you cannot successfully defend us in court, you opine, as you lawyers say. Is that right? Mr. Fernandez: No, that's not correct, that's not what I'm saying. Vice Mayor Dawkins: Well, what are you saying then, sir? Mr. Fernandez: What I'm saying is, that as to the first leg of this motion that you're making that acquire the property from DOSP at their acquisition value, on that I have already given opinion contrary to the way that you continue to proceed. So that would be subject then, of course, to further review and to DOSP's bond counsel opining on that and the DOSP board making a decision on those recommendations. Vice Mayor Dawkins: All right, now you got where? Now, you're where I want to be. That's good. Mr. Fernandez: Assuming for the moment that that is, in fact, viable, that the City can acquire the land from DOSP at DOSP's acquisitions value, then the question becomes one for the City's bond counsel, Holland & Knight, Mr. Freedman is here, for him to answer as to whether the City can use its tax increment monies for the acquisition of this and the second leg of that question is whether like Mr. Plummer was saying, shouldn't the City get a return, a fair market value, for the City's effort in participating in this venture? Those two answers I would defer to Mr. Freedman, who is the City's expert, hired by you, to render those legal opinions. Mr. Freedman... Vice Mayor Dawkins: OK, no, let me... no, let Mr. Freedman stay where he is. What is your advice to us? -do this or don't do it? All that other stuff, I mean, was nice. Do you say, do this, or are you telling me not to do it? I mean when I say me, I mean this Commission. Mr. Fernandez: You're speaking as to the very narrow issue of approving tax increment bond monies for this purpose? My recommendation would be no. But your question to me, is the entire project, my answer would be yes. Vice Mayor Dawkins: OK, now, you're going to be a magician. You tell me how I can do the entire project without money. Mr. Fernandez: I'll turn to Mr. Herb Bailey for that. Vice Mayor Dawkins: No, no, no. You're the one... Mr. Fernandez: No, no. Vice Mayor Dawkins: See, I don't want... if I need money, I'll go to Mano. Mano handles the money here, OK? Mr. Fernandez: You certainly don't come to your City Attorney to do magic. 46 October 25, 1990 0 a Vice Mayor Dawkins: OK, now, so, but see, what I'm asking you is... you see, Mr. Mayor, let me tell you so I can short cut through all of this, ever since I've been here, this issue has come before us, OK? Today I'm hoping that this issue is put to bed and we're finished with it. There is no point in us continually to have Miss Bell come before us with more promises. Then she go and do it, we say, do this. Then she comes back and it's another hurdle, then she goes and get over that hurdle. Then you come back, it's another hurdle. This Commission asked Off Street Parking to get with Miss Bell and solve this problem. Off Street Parking came back to us and said it was solved. Now, I need to know, from my attorney, why Off Street Parking has not proceeded to fulfill the agreement by which its board directed its director, Mr. Mulvena, to help Jackie Bell do this project. Now why hasn't the Off Street Parking moved forward and this project been completed? Mr. Fernandez: We have, sir. We have gone as far... Vice Mayor Dawkins: Well, then... Mr. Fernandez: We have gone as far as submitting to Mr. George Knox a copy of a final document that all that we need are his comments and his proving... Vice Mayor Dawkins: Now, wait a minute, hold it one minute. Mr. Fernandez: ...to present it to the board. Vice Mayor Dawkins: Hold it one minute, hold it one minute. Now, when you say we, are you speaking as the City Attorney or as the attorney for Off Street Parking? Mr. Fernandez: As the attorney for the Department of Off Street Parking. Vice Mayor Dawkins: All right, now, now, so now go back what we, at Off Street Parking are saying, go ahead. Mr. Fernandez: What was that, sir? Vice Mayor Dawkins: Go back and tell me what, as the City Attorney of Off Street Parking, you're saying so I can differentiate between where we are. Mr. Fernandez: What I'm telling you is that the Department of Off Street Parking has proceeded in good faith, in my opinion, to negotiate with Jackie Bell the issue of her proposal to bid a hotel there. Vice Mayor Dawkins: OK. Mr. Fernandez: And that we're very close to finalizing a lease and as soon as that lease, all the terms and conditions of the lease are agreed upon, then it would be presented to the board for the board's final ratification of that to proceed. There's only one items that's in question here and that is, the Department of Off Street Parking's request pursuant to the RFP, that it receive fair market value for the land that they're putting up. That's you know, and... Vice Mayor Dawkins: See, but then you should tell us, the City Commission, do not act on this until I have solved the problem with Off Street Parking or you should put your other hat on, as the City Attorney, and tell me, as your City Attorney, I'm directing you to go forward and build this hotel. Mayor Suarez: Well, in fairness to him.... Mr. Fernandez: Perhaps I haven't been all that assertive, but that's, I've said that in so many words. Mayor Suarez: Well, in fairness to him, I have told him in pretty, in no uncertain terms that, you know, for myself, unless what we're doing is absolutely, clearly, unequivocally illegal, that all he's got to do is just go out there and figure out a way to do it. Which is, what I think, by the way, the general thrust of what this Commission has been trying to tell the administration for some months and some years that that's the way we want you to act. That we've become a little bit more risk takers than we used to be in the past in the interests of the community, but so in fairness to him, he's been trying to tell us how to do it. Now, it just seems, Mr. City Attorney, 47 October 25, 1990 0 Mr. Manager, Mr. Finance Director, and everybody, that this has become a little bit over complicated for what we initially intended to do which was to make land available for this project. Land that is a surface parking lot, bringing in a fairly and substantial amount of money at year for the area in which it's located and that we think is an attraction for a hotel and this very exciting combination of factors. So, how can we do it, how can we do it quickly to echo the Vice Mayor, so that it doesn't keep coming back to us? Should we proceed to give instructions that the Off Street Parking Authority should make this available to the City so we'll own it forthwith at their cost, which, presumably is a fairly insignificant amount of money compared to the current value, if one could actually pin it down. You know, these fair market values are always tricky anyhow because you'd never find anybody that would actually buy it for that amount, particularly in this kind of a market. And then, from that point forward, with tax increment bonds, proceed to purchase the property, does that, up to this point, create - assuming that the Off Street Parking Authority agrees - and God help them if they don't - does that create a problem up to now? Mr. Fernandez: Yes, it does, sir. Vice Mayor Dawkins: Mr. Mayor, before you go any further, let me apologize to the bond counsel. The reason I am not hearing bond counsel is I told the City Attorney yesterday that I did not intend for us, the Commission, to sit up listen to bond counsel when the City Attorney should get with bond counsel and come forward and tell me what bond counsel has to say. Mr. Fernandez: I'll be ready to tell you what his... Vice Mayor Dawkins: Therefore, sir, I don't... I mean, I'm not being disrespectful. Mr. Fernandez: Let me paraphrase for you what bond counsel would have, otherwise, more authoritatively perhaps have told you. And that is as follows. This City is going, and, hopefully, by November 14th, would be selling eleven and a half million dollars worth of bonds for that redevelopment... Vice Mayor Dawkins: How many million? Mr. Fernandez: Eleven and a half, I believe. Vice Mayor Dawkins: Eleven point five million. Mr. Fernandez: Yes. Vice Mayor Dawkins: For what now? Mr. Fernandez: I'll get to that in a second, Commissioner, Vice Mayor, if I may. Let me give you the proceedings here. Because this is a redevelopment area and because the tax increment district was created by the County, we are dependent and we must work in concert with the County in any decision that's made regarding the tax increment district and how those monies are going to be spent. Such is the case that we had to go before the County last week twice, first early in the morning, then later in that same morning, so that the County could approve us going forward and selling eleven and a half million dollars. In order for us to be convinced the County to do that, we had to give them an accounting of how we intended to use those monies. Now, I can perhaps inaccurately tell you how it is that that eleven and a half million dollars has already been spent and is just a matter of selling the bonds to be able to pay back to the government, I believe six and a half, seven million dollars that we have borrowed from them, for other developments, another two and a half million dollars. I don't have all the correct figures and projects, but when on November 14th when these bonds are sold, you would be left with literally no funds, or perhaps a hundred or two hundred thousand dollars left in that fund. That is the fact, that's the way the situation stands. That is not to say that this Commission cannot approve in principle for subsequent issuance whenever there is enough money coming in that a future bond could be floated or could be sold, that that having been declared a project for that redevelopment area and the County Commission approving that as a valid project, that then proceeds from a future bond sale could not be used, in fact, to accomplish what you want to accomplish. But presently, as you sit here, it would be dishonest for me to tell you that you should give 48 October 25, 1990 0 0 Ms. Bell the anticipation that from the eleven and a half million dollars that will be sold, come November 14, this City would be able to pledge any of that money towards Ms. Bell's project. Vice Mayor Dawkins: All right, now, Mr. City Attorney, that's what I've been trying to get to all day. Why didn't somebody, from the very beginning, tell the Mayor this so that the - wait a minute - so that the Mayor could have said, all right, this is what we want done, you tell us how to do it. Now, and I'm pretty sure that nobody out here believed that they would not get the money. And you just said, there is no money for them to get, OK? So now, somewhere along the lines, up here, we've got to decide where the money is coming from and give it to them and then you all worry about, if you sell the tax increment bond, put it back or what have you. That's all. Mr. Fernandez: Sir, I appreciate the fact that you've brought me, at this level, but you're referring to decisions over which I have no control. Vice Mayor Dawkins: Like what? Mr. Fernandez: Well, I don't know why the Mayor was not advised that, in fact, this was the status... Vice Mayor Dawkins: No,no, no... Mayor Suarez: No, don't worry too much about the Mayor. The Mayor has been told all along that none of this can be done and I figured that there is a way of doing it and I'm making sure that you do it. Commissioner Alonso: That's right. Mr. Fernandez: Well, all that I'm telling you that at this point in time, the bonds would not be sold if you changed the purpose for which we have already... Mayor Suarez: Now, wait, let me ask about that. Mr. Manager, is he saying that the Washington Heights project it is definitely in the area in question, geographically it's in the Overtown/Park West tax increment area. Is he saying that the purpose of this particular project have not been included in the redevelopment plan for the area? Mr. Odio: Yes, he is. Mayor Suarez: Why was Washington Heights not included in the redevelopment plan for this area? Wait, wait, wait, let me see if the Manager knows. Why was this project, which we've been working on for ten years, not included in the redevelopment plan for the area? Mr. Odio: It was never included in the original plan for the area, no. Mayor Suarez: Why not? Mr. Odio: You have to... Mayor Suarez: You just keep repeating to me the fact, but you don't tell me why not. Mr. Odio: You have to ask whoever decided to draw up this plan, why they did that, not me. Mayor Suarez: Ultimately, you decided to draw up the plan... Mr. Odio: No, I didn't. Mayor Suarez: ...and you presented it to the Commission as the chief administrative officer of the City. Mr. Odio: No, not this Manager. That was prior... Mayor Suarez: Sir, you've been City Manager for five years. We have dealt with Washington Heights now... Mr. Odio: I have dealt with them for quite a.... 49 October 25, 1990 Mayor Suarez: ...at least ten times or maybe twenty times in those five years and all that time it didn't occur to you that this Commission probably wanted that particular project to be in the redevelopment plan for Overtown/Park West? Mr. Odio: No, it did not occur to me what this Commission wants. I cannot read minds. Mayor Suarez: All right, what does it take to have Washington Heights be in the redevelopment plan and having said that, I assume that you can draft the documentation necessary to make sure that it is so that when the bond issue goes out, it will encompass this plan. Mr. Odio: Go ahead, Herb, you're... Mayor Suarez: And that you can do all of that in the next couple of hours, I hope. Commissioner Plummer: Well, Mr. Mayor, you know, I'm not here to defend Cesar Odio, OK? He's a big boy. But let me tell you something, in the 20 years that we've been talking about New Washington Heights, we have been up, we have been down, we have been out, we remember the times that I sat up here and made the motions to keep Jackie alive because it all depended for over a year and a half as to whether or not she could even get a commitment from the State of Florida. Jackie remembers those days and I very well do because I took a lot of heat for backing her to keep that project alive. Now, what I'm saying to you is... Mayor Suarez: But the project is what we want to get built, not keeping Jackie alive. We want to get the project built and that's the obstacles we have to overcome now. Commissioner Plummer: But Mr. Mayor, how can a Manager, in all good faith, make commitment on plans when the project itself, at best anybody would have to admit, has had its highs and its lows all during the period? Mayor Suarez: Well, but you don't... Commissioner Plummer: You remember the property swap? Or was that before you? Mayor Suarez: ...exclude it from a community development plan that, at least in definition, should include this project so that it not be barred from using the funds from that tax increment issuance, bond issuance. That doesn't make any sense. Mr. Odio: It doesn't make any sense, but in my meetings with you, George and Jackie, this issue never came up. When you wanted a loan float, we solved the problem. This issue never came up. And now, just because this issue comes to somebody's mind now, I don't read peoples mind here. It has never been part of this program. Mayor Suarez: Well, it is in the Overtown/Park West area. Mr. Odio: It was never... Commissioner Alonso: Can we resolve the problem now? Mayor Suarez: Mr. Manager, what would it take to have this be in the redevelopment plan for Overtown/Park West as to this particular bond issue? I don't want to wait till the next bond issue. There may never be another bond issue. Herb, what will it take to make it part of the redevelopment plan? Mr. Herb Bailey: It cannot be a part of this bond issue. Not only that... Commissioner Plummer: Well, excuse me, would you tell me when is the next one scheduled for? It is six months, six years? Mr. Fernandez: November 14th. 50 October 25, 1990 0 0 Mr. Bailey: If we're lucky, and if we get additional increment over and above what we need to cover this particular bond issue, if it gets issued, we're looking at at least five years before we have enough increment to go back... Mayor Suarez: Why can it not be within this issue? My question is on this issue. I don't want to wait for another issue. Mr. Bailey: Because, first of all - well, first of all, even if you could put in this issue, the use of it for this purpose is perfectly illegal... Commissioner Plummer: Illegal? Mr. Bailey: It's illegal. Mayor Suarez: All right, let's try that. Mr. Bailey: Now, now, 3K... Mayor Suarez: Now, you're telling us, that assuming we can overcome the hurdle of having it be in the redevelopment plan so that it could be covered by the bond issue presently being proposed, that the uses would be illegal. Why? Mr. Bailey: First of all, under the statute, and bond counsel is here and we have discussed this, and even under the interlocal agreement that... Mayor Suarez: I have read both the statute and the interlocal agreement. Both seem to contemplate projects such as this. In fact, they seem to be exactly what was contemplated by both the statute and the interlocal agreement. Mr. Bailey: I don't agree with that. Mayor Suarez: Where, in the statute or the interlocal agreement do you find wording that prevents this program, this project from being a part of what the statute intended or the interlocal agreement? Mr. Bailey: It says, any land or any property acquired through the use of tax increment funds are to be disposed of at fair market value. It says it in the statutes and it also says it in the interlocal agreement. Mayor Suarez: All right, Mr. Bailey or Mr. City Attorney, do you have a quotation or a citation from the statute that says that? Mr. Fernandez: Yes, just a minute. Mayor Suarez: All right, Herb, what else? Commissioner Plummer: How do we get here and argue for an hour and now after an hour we're being told it's illegal? Mr. Bailey: Nobody asked me. Mayor Suarez: Well, no, no, a lot of what we're planning to do here... Mr. Fernandez: No, no, fair market value. Mayor Suarez: A lot of what we're planning to do here would be very interesting to do anyhow, if this Commission agrees. Mr. Bailey: Not only... Mayor Suarez: Wait a minute! Wait a minute! J.L., if I hear the consensus of this Commission correctly that we're willing to acquire this land from the Off Street Parking Authority at their cost and if the Off Street Parking Authority agrees to sell it to us at their cost, we've got a much lower cost basis for this project. Now, hopefully, that will be in lire with the bidding... Commissioner Plummer: So, you're saying that addresses the fair market value issue, that if we already own it... 51 October 25, 1990 0 0 Mayor Suarez: It addresses the viability of this project by making the land available at a much lower, (Tape 6) maybe as much as a seventh. I propose that it may be... Commissioner Plummer: All right, let me ask this simple question. Mayor Suarez: So that part is still pending. Commissioner Plummer: Maybe too simple. Herb, if, in fact, we follow that process, we now become and acquire and become the owner. Mr. Bailey: That is correct. Commissioner Plummer: Can we then go through the increment bond? Mr. Bailey: We can acquire property and that's why the money is to be used for anyway, but once we acquire the property, it then becomes subject to the UDP process of which we undertake in this project and it would have to be bidded out and we would have to start the process all over again. Commissioner Plummer: Oh, Jesus. Mayor Suarez: You know, it's interesting that somehow in our tax laws, people build in cost - wait... Commissioner Plummer: Jackie, would you like a tent city? Mayor Suarez: Cost basis so that it is always, from the taxpayers standpoint, the wealthy taxpayers standpoint, it is always the lower of cost versus market value, but somehow when the City, for a public purpose, wants to use that, we can't get that accomplished. That's incredible to me. Do we have a citation or do we not have a citation? Mr. Fernandez: We're looking for it, sir. Mayor Suarez: All right, we don't have a citation. Vice Mayor Dawkins: Bond counsel has it. Will you bring the citation... Mayor Suarez: Do you have a citation on that? -from state law? What is the citation, please, Mr... Commissioner Plummer: Here come the high priced help. UNIDENTIFIED SPEAKER: I'm not charging for this. One sixty-three point three eight oh... Mayor Suarez: Which says what? UNIDENTIFIED SPEAKER: ...paragraph two. Mayor Suarez: Which says what on that issue? UNIDENTIFIED SPEAKER: It says, "...Such real property or interest shall be sold, leased, otherwise transferred or retained at not less than its fair value for uses in accordance with the community redevelopment plan and in accordance with such reasonable competitive bidding procedures as in a county, municipality, or community redevelopment agency may prescribe." Mr. Knox: May I please, just indicate... Mayor Suarez: Yes, George, last... Mr. Knox: First, I don't disagree with the characterization of learned bond counsel, but I remind the Commission respectfully of two things. Number one, fair value does not necessarily mean fair market value and with respect to the question of a competitive process, I just remind the Commission of the process by which the land was acquired in order to construct Joe Robbie stadium pursuant to the same statute or provision of chapter 125 which says essentially the same thing. So, it has to do with the will of the Commission and the priority of the project, and the defensibility of the position that you take and the likelihood that that position will be attacked in a court of 52 October 25, 1990 0 0 law. And the reasonableness of that position in terms of whether or not you're .likely to prevail in a court of law. And I believe that those things are as important as any other consideration when you demonstrate a "can do" attitude. Commissioner Plummer: Yes, but the thing that's concerning me more, George, is saying, hey, the idea of the Mayor, of us acquiring the property, is good, OK? And I go along with that, but then to tell me that that's a great vehicle, that I don't have the money to pay for it, that defeats... Mr. Knox: Well, now, I must... Mayor Suarez: Well, if we get to the point that instead of having to pay three point... return 3.5 million dollars, you'll have to return maybe half a million dollars, believe me.... Commissioner Plummer: Oh, that's a different ballgame. Mayor Suarez: ...we will have solved six -sevenths of the problem and I don't think the tax increment bond financing will be the ultimate solution, if, what you're telling me, is something inalterable in state law, so how about if we do that at this point? How about if we pass a resolution asking the Off Street Parking Authority to cede this land back to the City at their cost and to do that forthwith at the very next meeting, which I hope to be present. George, I hope you're present and all the other people that are here in support of this project. Once the City has it at that cost available, we'll deal with how we're going to acquire it and what terms we can give it to you at, but it will be a heck of a lot more favorable than anything that has been discussed up to now and I think it'll make the project viable. Mr. Knox: All right, now, if I may be consistent with my representation of my client, I would like to respectfully also ask the Commission if it would consider adopting some official measure that will provide a minimum of comfort to the financiers that, irrespective of... the idea is that in 1997, there will be provision and the City of Miami will ensure that there will be provision to satisfy the obligation of the lease with respect to the cost of the property so that in financing the project and costing it out, the persons who financed it don't feel that they are required, even on a contingency basis, to include the cost of the land in the cost of the project. Commissioner Plummer: Well, in doing such, and asking me to vote favorably, you're going to leave my hand totally open in negotiating a contract, OK, because I'm not going to sit here and say, hey, I guarantee down the line that I'm going to make it good without having the full right to negotiate everything in that contract that I need to make damn sure... Mr. Knox: That's why we haven't gotten back to the Off Street Parking Board yet. Commissioner Plummer: Well, OK, I think you're really putting us at a disadvantage to ask us to guarantee something at the end that we don't know what's in at the beginning and during the... Mayor Suarez: Well, do you have a problem saying, for the record, as a resolution of this Commission, that we would make the land available as soon as we acquire it on the same basis as we have made it available for affordable housing projects? Assuming that we don't have to use tax increment financing and that that's not an impediment? Commissioner Plummer: Well, I have no problem with that. Mayor Suarez: Those are very favorable, George. Commissioner Plummer: But, I got to have in there... Mr. Bailey: I do need to advise you, whether you want to hear it or not, if you intend to use tax increment money... Mayor Suarez: At this particular point, we're not into that question. Mr. Bailey: You're not going to use tax increment monies? 53 October 25, 1990 Mayor Suarez: At this particular point, no. Mr. Bailey: OK. Mayor Suarez: It may be - and by the way, I caution you and I caution the City Manager, for myself, that every single community development project in the catchman area of Overtown/ Park West, better be included in future community development plans for the area. In fact, they better get priority in the future as opposed to whatever other planning ideas you may have or the Manager may have or anybody else in your planning department or development department for me to continue supporting this administration. So, I'm just clarify that for you and for the future... Mr. Bailey: I understand that, but... Mayor Suarez: ...for the bond issue that is presently before us, I am waving a white flag and sort of declaring defeat. You've brought your attorneys, all of you have brought your attorneys. You have opposed me on this for weeks on end. I don't have the resources right now with all the other battles that we have to go hire my own attorneys and fight you on it and so I'm declaring a white flag on that, but you better make sure that you include it in the definition for future plans and before you spend a single penny of this bond issue, you better make sure that you get the input of this community and of the Overtown Advisory Board, in particular, and all the other people who are represented here. Because that is the intent of what we did all along and you better abide by it because this Commission has already resolved on that issue. Now, to acquire the land, I will entertain a motion from the Commission instructing the Off Street Parking Authority, or suggesting to the Off Street Parking Authority, or strongly recommending to the Off Street Parking Authority, because I haven't told you that the next motion is going to be that to the extend that they have a surplus in their budget, we use their own funds to buy their own property. But we'll come up with a way of doing that. That the land be made available to the City to promote this project on a at cost basis. Do we have a motion on that? Commissioner Plummer: So move. Mayor Suarez: Moved, seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-825 A MOTION OF THE CITY COMMISSION STRONGLY URGING THE DEPARTMENT OF OFF-STREET PARKING TO MAKE AVAILABLE TO THE CITY THE LAND COMPRISED OF MUNICIPAL LOT 10 AT ITS ORIGINAL COST, IN SUPPORT OF THE NEW WASHINGTON HEIGHTS COMMUNITY BASED ORGANIZATION'S HOTEL PROJECT. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 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. Mayor Suarez: This is not any different than what we're having to do with almost every capital improvement project of the Off Street Parking Authority. You know, the specialty center in Little Havana, for lack of a different name, we've had the same problem with it and the Coconut Grove Playhouse and everything else. You know, they really are not a very effective development agency for the City. They do parking meters pretty well. Mr. Odio: Mr. Mayor... 54 October 25, 1990 a Commissioner Plummer: Oh, thank you. Mr. Odio: May, I suggest then that you... Mayor Suarez: Yes. The Commissioner is requesting - is that your request? - item 25 be taken before lunch? Yes, Mr. Manager. Mr. Odio: That you may have to review the development plan then, because this plan was approved in 19.... Mayor Suarez: No, no, I have reviewed the development plan, and I've told you my views and I'm not in the mood for discussing that right now, Mr. Manager. Mr. Odio: It was approved in 1982. Mayor Suarez: And I'd strongly recommend that you don't get into that discussion right now. Because I don't think... well, I won't say what I think and what I don't think on that. We don't agree. Mr. Odio: Yes. Fine. Mayor Suarez: We don't agree. Mr. Odio: That's fine. Mayor Suarez: And we've made it into a resolution of this Commission and I'm going to dig it up if I have to that the expenditures for tax increment financing are supposed to be those that community feels are important, not what the planners feel are important. We've already put in federal funds and state funds into Overtown/Park West to the tune of forty-two million dollars, although the newspaper says eighty million. God knows where they got their figure from. But substantial amounts and for projects that it's not clear the community supported. Mayor Suarez: All right, item 25, Commissioner Alonso. Mr. Knox: Thank you, are you completed with it? Mayor Suarez: Thank you, George. Mr. Knox: Thank you so much, Mr. Mayor and members of the Commission. Mayor Suarez: Did we vote on that, Madam City Clerk? Commissioner Plummer: Yes. Mr. Knox: Yes, sir. 9. DISCUSSION CONCERNING TRAFFIC CONGESTION AND BARRICADE PROBLEMS IN THE BAYSIDE NEIGHBORHOOD. Ms. Susan Seroda: I'm Susan Seroda of 880 N.E. 69th Street, Miami. Kathy Loveland, who is the discussion item has laryngitis today. Ms. Hirai: Excuse me, would you... Ms. Seroda: I'm going to speak for her. Ms. Hirai: Would you kindly speak into the mike, please. Ms. Seroda: I'm sorry. OK. We live - Kathy lives on N.E. 70th Street. We are the neighborhood called Bayside and we have been here before - we probably look familiar to you - about the barricades. We're here because we're having some problems and we need your help. At the July meeting, we mentioned problems that we're having on 70th Street being one of them, with the service vehicles being unable to get through the barricades and needing to have access and you were kind enough to ask Mr. Odio to go out and look at the 55 October 25, 1990 neighborhood. And I believe, Mr. Odio, when you - three times - I believe when you went out there, that resulted in the change in the plans for the barricade, which thank you very much - on 70th Street now, the plan is not to close 70th Street off at Biscayne Boulevard so that service vehicles can get in. Let me tell you that is a help, but we're here because we still have a problem. And the problem is - well, let me mention to what it is - is that the service vehicles can get in and out now without... well, they're still moving barricades because even though Mr. Odio agreed that we had to have an opening, nobody from Public Works would remove part of the temporaries without your permission, so up until now, and until there is any kind of construction, service vehicles still have to move barricades. But the problem has been still for the people who live there that they can't pass the service vehicle if they want to leave. With leaving the opening near the boulevard and having a sign that says, "Do Not Enter," from the boulevard, creates a problem because that means that you can't - the people in the cars can't get in and out anyhow. So, we still have obstruction on the street, it's very narrow and some people do use and I know they're not kind, those little pyramid cones at the edge of their property and when they have parties, they park in the 12 feet of pavement. We took a little movie on my little video camera, which is really not very skillful movies, but we have way to show it to you today. When I was there, the cars pass each other by driving through homeowners circular driveways. If there's cars in the driveways, then they can't get around each other at all. So, we're here because we still have serious problems on 70th Street, that's where Miss Loveland lives and she swears to me it really is laryngitis and she's not just shy, but... Ms. Lourdes Hamen: Excuse me. Will we have a moment before she shows the f ilm? Ms. Seroda: I don't have it. There's no way to show the film. Mayor Suarez: Wait, wait, wait, wait, everybody... Who are you? What is your name, ma'am? Ms. Hamen: I am Lourdes Hamen, I live at 674 N.E. seven... Mayor Suarez: You are in opposition to whatever it is she's presenting? Ms. Hamen: Yes. I live on 70th Street. Mayor Suarez: Oh, OK, yes, we always have to hear from both sides. Ms. Hamen: I'm one of the neighbors. Mayor Suarez: Whatever, ma'am, wait a minute. All right, please complete your presentation. Yes, we'll hear from any opposing sides, of course. Ms. Seroda: So, we're here today because we still have serious problems, even with an opening that will allow people only to leave that way because that still traps the person who lives in the street because of the service vehicles. Is that ours? Oh. Aside from 70th Street, I'd like to mention some things to you that are additional problems for those of us in the neighborhood. We mentioned last time, and Mr. Plummer, we talked to you about it, that we are supposed to have emergency access and the permanent barricades are supposed to allow for emergency vehicles. So were the temporaries, but that involves - and let's not even talk about temporaries any more, because those would be changed. People park in front of the barricades on 72nd Street and we have no reason to believe that they won't block that entrance when there are permanent barricades. So we asked Public Works, and I think you asked them, to check and we said, could you get "No Parking" signs? -remember, we talked about that. Could you get "No Parking" signs there and Mr. Kay tells me that City of Miami Public Works doesn't do those and the county wouldn't put them up. And I asked them why wouldn't the county put them up because, how do emergency vehicles get in if cars are blocking entrance and he said, well, they wouldn't put them up because they don't like barricades. So, we have no reason to expect that we're going to have the emergency access... Mayor Suarez: get some "No them? This is triple hearsay in the law. Dr. Prieto, why can't we Parking" signs from the county, from whomever has to approve 56 October 25, 1990 Dr. Luis Prieto: Basically, because this was a temporary motion that we had a 90-days on these barricades and the county wanted to make sure that... Mayor Suarez: They want, to be sure it was something permanent before they start putting up "No Parking" signs all over the place. Mr. Prieto: That's right, added cost to the county. Mayor Suarez: But certainly, if it was made permanent, they would agree to our request for "No Parking" signs. Mr. Prieto: Yes. Absolutely, sir. Ms. Hamen: Thank you. Commissioner Alonso: Dr. Prieto, just one question because we have so many - barricades in the City of Miami that one looses count of where or what and so on, even though I know the Bayside area quite well, and I have visited several times. But isn't my understanding that in the last meeting that we had, when they came back for the bond and so on, this was going to be a permanent barricade and they had the money and so on? How come are we talking about temporary barricades still? Ms. Hamen: That's what we would like to ask. Commissioner Alonso: Isn't this kind of confusing? Ms. Hamen: Why is it even being addressed again? Mr. Prieto: Basically, we had an informal bid to get contractors to come in and put in the permanent barricades. The low bidder was a person that was unable to give the City insurance. In fact, it was a difficulty that we had and the Law Department supported us that we could not award the bid to that low contractor. So, the City has decided to do the work themselves. Due to the number of commitments that the City has had, we've had a number of projects like the Orange Bowl, we haven't gotten to it. It had scheduled to start on Monday. In fact, we're already marking the street up to start tearing out the asphalt. Commissioner Alonso: Fine. I can understand that, but the part I don't understand, is why the county will be concerned about no placing of signs because they think it's a temporary barricade when, in fact, it has been made permanent? Isn't that a contradiction? Mr. Prieto: The City presently have temporary barricades until we... Commissioner Alonso: That's right, but this Commission has approved, for permanent barricades, therefore, the county doesn't have to be concerned about temporary barricades because, as you say, next Monday, we are going to start construction of permanent barricades. Mr. Prieto: That's right. Ms. Hamen: Thank you, Miriam. Mr. Prieto: As soon as the permanent barricades are in, I don't think the county will have any problems putting in signs. Commissioner Alonso: OK, so then that problem will be resolved as... Ms. Hamen: Exactly. Ms. Seroda: So, the difficulties... we're here today because living in the neighborhood, we still have serious problems. In the Palm Bay complex, I believe there is a zoning hearing set up. They're going to ask permission to change zoning and I expect that there's a tall building - the height has varied in what I hear through the grapevine from 23 to two hundred thousand stories, I don't know. But in any event, we believe it will be approximately a hundred apartments in the $300,000 price range which, as a resident and taxpayer, I'm really happy. That broadens the tax base and there's condominiums in the complex already and if people want to buy $300,000 units and pay taxes on those, I think that's great. What that's going to do to us, 57 October 25, 1990 i' ■ L however, I understand there's a rule of thumb that you assume for every living unit, there will be two and a half automobiles of traffic a day. So now, we'll have a hundred more living units and we'll two and a half, three hundred additional cars using only one entrance in and out of our little neighborhood. I'm speaking for Kathy on 70th Street and letting you know that if Miss Loveland and the others who live on 70th can't enter or exit freely on either end, they're trapped, not only be vehicles, but by flooding on the east side and not being a terrific left turner, let me tell you, I wouldn't want to make a left turn onto Biscayne Boulevard in rush hour with no light at 70th Street. So, I think that the people on 70th Street need access in and out of the boulevard on both ends. Not with any "Do Not Enter" sign as this plan goes, because they're still trapped and they're in a dangerous situation. Tuesday afternoon, I work north, so I drive without traffic south on Biscayne Boulevard... Mayor Suarez: I have to suggest to you that you summarize what it is you're trying to tell us without telling us your entire route to work and everything else. Please. Vice Mayor Dawkins: May I make an announcement? Mayor Suarez: Mr. Vice Mayor. Vice Mayor Dawkins: I think, Mr. Mayor, we should announce to everyone that this is the last item that we will be bringing.... Mayor Suarez: Oh, I thought that was clear. Yes, this will be the last item this morning. Ms. Seroda: OK, I'm sorry... Vice Mayor Dawkins: So anybody who is waiting for any other item... Mayor Suarez: Thank you. Vice Mayor Dawkins: ...go to lunch and come back at 2:30. Mayor Suarez: Thank you. Ms. Seroda: OK, I'm going to be quick then, you're right. Mayor Suarez: Without telling us what route you take to work and everything, please. What is it that you're asking for, other... Ms. Seroda: OK. I'm going to tell you that it was... OK, we cannot make left turns from Biscayne Boulevard into 69th Street at rush hour. I'm telling you that the cars that go northbound do not obey the rule of not blocking the intersection and I was the fourth car in line and waited for four traffic lights to make my left turn home from work because only one car gets through, maybe, if they get a break in the traffic. And what I'm saying is, I would like for the Commission... Mayor Suarez: Dr. Prieto, would you monitor, have somebody monitor at rush hour that she's talking about - I presume that's rush hour in the morning. Ms. Seroda: Five thirty, no, no, 5:30 coming home. Mayor Suarez: Oh, in the evening. If, in fact, somebody has to wait four light changes before they can make a left turn, that sounds a little high, but... Ms. Seroda: If you're number four in line. Commissioner Alonso: Do they have a left turn sign? Commissioner Plummer: No, there's no lead. Ms. Seroda: Happened to me. Commissioner Alonso: They need that. 58 October 25, 1990 0 Ms. Seroda: There's even a stacking lane. No, there's a stacking lane, but what happens is that only one car legally can go into the intersection to make that left turn. You know how you try to get in as the light changes? Commissioner Plummer: There's no lead left on there. Ms. Seroda: From time to time there's a lead, but I will tell you that you can't use your lead if the car is heading northbound to block the intersection. You can't use your lead. So, I'm asking you today, I know that the City has decided to build the barricades at the expense of the people who put the money up and the people in the neighborhood put up the money for barricades. I'm asking that the Commission revisit the issue for us because new things have come up and one of the new things is that we have three hundred more cars a day in our little neighborhood that are going to have to get in and out. So, we have problems. Mayor Suarez: OK, if this Commission - we're going to do this a little bit _ like the Supreme Court - if any Commissioner seriously proposes that we revisit the issue, I would like to hear from them now. Otherwise, we will take your comments, concerns, and proposals into consideration in trying to make the system work better, but I, for myself, have absolutely no intention of revisiting the issue as a whole today or anytime until we have completed the testing period and afterwards - well, I forget when exactly it is that it comes back to us. Ms. Hamen: It's over, sir. Mayor Suarez: It's over. In this particular case... Ms. Seroda: Can we revisit 70th Street? Can we revisit 70th? Mayor Suarez: In this particular case at least for a few months to try it out on a permanent basis. One of the things that you complain about cannot even be resolved until they are in there permanently, which is the... Commissioner Alonso: The signs. Ms. Seroda: Well, the most important... Mayor Suarez: Yes, "No Parking" signs, so... Ms. Seroda: The "No Parking" signs is not it. If that can be resolved, that's good, but what about 70th Street? Mayor Suarez: Ma'am, time out, time out. Unless any Commissioner wants to, your comments are reflected for the record, they're now in the record, but no action will be taken and no further discussion will be had by this Commission, particularly as to the opposing group which will mean that we'll get into an argument that will go nowhere, because why do it unless a Commissioner wants to hear it? Commissioners? Commissioner Plummer: I would say it's an issue until I would depend on the City Manager if he were to come back at a later time and say that there's a problem, then I think we need to revisit it. But, if there's not a problem existing and the Manager and the department don't say to this Commission that there is a problem, which we don't even know yet... Mayor Suarez: Yes, and as to... Commissioner Plummer: ...then I would not... Mayor Suarez: Yes, and as to one - two aspects of it - we've dealt with, one is, of course, the signs saying No Parking and the other one, Mr. Manager, as per the suggestion to Dr. Prieto, which only you can make an order, that he go out there and monitor the traffic patterns to see if they're as bad as it's being told to us. We'd like to know. I mean, if conditions are that bad. Mr. Odio: I'll do that, but... is what we doing now acceptable to the majority of that 70th Street... Ms. Hamen: Yes. 59 October 25, 1990 0 0 Mr. Odio: ... is my question, because I went out there three times and they were right in the original complaint that the street is very narrow, there is a motel right there on the corner. There was no way of putting a full barricade into my estimation and I thought we had a perfect solution to have barricade and a "Do Not Enter" sign... Ms. Hamen: We've had it oversolved. All the issues were addressed and it was all designed according... Mr. Odio: OK, so... Ms. Hamen: And the flooding, thanks to all of you, was resolved too. We have wonderful street now. Mr. Odio: We took care of the flooding and... Mayor Suarez: OK, but that does not preclude your continuing to tell us where the system... obviously, you don't like the system as a whole, but, I mean, where the system fails and making minor improvements as we go along. Ultimately, you're entitled to a review at some period in time. Certainly I think, for myself, within a year we should look at it. But to do it on a continuing Commission after Commission basis, we just cannot do that. Ms. Seroda: We want you to be aware that we are... people are working on the problems, but we still have them. We still can't get in and out of 69th. Mayor Suarez: All right, we hear you. Ms. Hamen: You have taken care of all the issues. Mayor Suarez: Please, please, please, we hear you. OK, thank you. Commissioner Plummer: Mr. Mayor, item two, on China City, the people are here. I'm not asking that it be heard before lunch, but I would like to revisit the issue after we come back from our break. Mayor Suarez: All right and it was your request that it be deferred, so it makes sense to rehear it after lunch. Ms. Hamen: Thank you for your time. Mayor Suarez: Thank you. Commissioner Plummer: Are we going to be back at 5:30 or 6:30? Commissioner Alonso: Seven? THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:13 P.M. AND RECONVENED AT 2:41 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 10. ACCEPT PLAT: CHINATOWN (See label 6). ------------------------------------------------------------------------------ Mayor Suarez: Officially reconvened and back in order. Mr. Chi, I think that Commissioner Plummer wanted to at least touch upon the matter that was had this morning relating to your project. Since you were not here, I guess you probably assumed that it would be accepted as a simple acceptance of a plat and, as such, wants to inquire further. Commissioner Plummer. - Commissioner Plummer: Mr. Mayor, it is - I'll repeat what I said this morning. My concern was not knowing exactly what transpired at the Zoning Board. I am fully aware, as I made my colleagues aware this morning, that, in fact, in the application, one of the big areas is that of no parking provided on the site and that at best, in the off premise location was approximately 50 percent of what is required. I thought that it was premature to handle this in a piecemeal manner, rather than handling it in a total picture Since we don't know what's going to be happening in the zoning application, why change 60 October 25, 1990 Is anything in a plat if it's not necessary and it doesn't need to be done? So that was the reason with Mr. Chi not being here and could not answer the questions that I asked that this matter be deferred. Mayor Suarez: Do you want to address that, counselor? Alan Kan, Esq.: Thank you, Mr. Mayor. My name is Alan Kan. I'm with the law firm of Bedzow Korn Kan & Glaser, offices at 1177 Biscayne Boulevard. I'm representing the applicant. In reference to, in general, Commissioner Plummer's comments, we would point out to the Commission that the plat application in its form, has been reviewed and approved by the City and is determined, in the recommendation, in order for.... in now the proper order for acceptance by the City. As such, I'm sure your City Attorney will advise you that that is now a purely a ministerial act of the City Commission and is not subject to the presentation of the zoning or site plan which is being processed in another form, and may or may... Commissioner Plummer: But, likewise, the City, would also, Attorney, tell you that any Commissioner who has further inquiry for more information, has such a right and as such, would always be honored by his colleagues to defer till another time. Mr. Kan: I don't know if you've told me that or not, Commissioner. I think that the issue of the plat approval was separate and apart from zoning and site plan approval. What has gone... Commissioner Plummer: It is, there is no question about that. Mr. Kan: OK, and what may or may not ultimately be built on the property, whether it's as proposed presently subject to the variances which are being sought to be obtained or something modified so that the variances are not required, does not relate to my client's requirements to plat the property so that he can move forward and appropriately obtain financing in the interim. And they shouldn't be bound together. You may very well... Mayor Suarez: Well, one of the purposes of what Commissioner Plummer was saying this morning, even understanding that this was a ministerial act that you were asking from us, was to send a very clear message to your client that it looked like this Commission was going to be very, very active and scrutinizing carefully any recommendations regarding variance from parking requirements and particularly some as incredible as what was mentioned to us this morning. That being the case, for myself, I am sufficiently satisfied that the message got there because you're here and I don't know who called you and who called your client, but as far as I'm concerned, we can vote on the platting, but if Commissioner Plummer wants to withdraw his motion. But let me just say that - let me restate the message, I mean, it's on behalf of all of us. The idea that somebody would try to build a large structure there without any parking whatsoever, unless something is missing in the equation that we have not been exposed to, an integrated development with some other building with some parking or something... Mr. Kan: Well, we understand that, Mr. Mayor, and as part of the hearing that was held before the board a couple of weeks ago, we are meeting with your Planning Department tomorrow morning to try to work out further details to provide parking that will be adequate to staff for its recommendation and, hopefully, adequate to the board and the Commission, if it gets to the Commission should there be any appeals of the board's anticipated approval. Mayor Suarez: And, as was being proposed and was contemplated, I know Planning was going to recommend against and Zoning Department was going to recommend against, which meant that it would be an automatic appeal to us and I have a feeling it wasn't going to fly here. So, for whatever it's worth, you have that in front of you. Mr. Kan: Thank you, sir. Vice Mayor Dawkins: Even if it was approved by the Planning, this Commission still has a right to deny it. Mayor Suarez: Exactly. Mr. Kan: We understand that, Mr. Vice Mayor. 61 October 25, 1990 Mayor Suarez: So that message, hopefully, has gotten there. We've seen your client, we've seen his project. There's been many, many modifications of the master plan, the zoning code, et cetera, et cetera, but there will be a moment when there's going to be some requirement such as parking that you're not going to be able to get it to budge on and we may as well convey that to him very clearly. J.L. Commissioner Plummer: Dr. Pietro, does this encompass any street closures? Mr. Prieto: Alley closures, yes. Commissioner Plummer: Are they the owners on both sides of the property? Mr. Prieto: Yes, they are. Commissioner Plummer: In lieu of the fact that a - who is Lewis Lefantise? Mr. Kan: He's a mortgage holder. Commissioner Plummer: And to what extent and is he in concurrence? We have no affidavit from him. Mr. Kan: He has executed the plat. Commissioner Plummer: He executed? Mr. Kan: Yes, on the plat itself, there is a concurrence for a requirement that the mortgage holders execute the plat. Commissioner Alonso: Yes, the mortgage... the holder of the mortgage has to sign the tentative plat in order to be finalized. Commissioner Plummer: I don't find... the only signature I find attached to that is Beatrice Capote for the firm. Likewise, Mr. City Attorney, do you find anything in there in concurrence from Consolidated Bank and Citicorp Savings of Florida? Since they are all part owners obviously, or mortgage holders? Mr. Jorge Fernandez: Lafantise is signatory to the plat. Commissioner Plummer: All right, and is Consolidated Bank and Citicorp Savings? Mr. Fernandez: Consolidated Bank is. Yes, sir, in the person of Sonya Olarta, and what is the other entity? Commissioner Plummer: Citicorp Savings of Florida. Mr. Kan: Citicorp Savings? Commissioner Plummer: I'm sorry? Mr. Fernandez- Yes, sir. There is. Commissioner Plummer: And of course, Citicorp Savings of Florida, mortgagee. Mr. Kan: Right, Citicorp. Mr. Fernandez: Yes, there is, sir. By the person of Robert Darina, and they have all been duly executed and signed up. Commissioner Plummer: And do we know who this Lewis Lafantise is? Do we know anything about him? Mr. Kan: He is an attorney that acts as trustee to Consolidated Bank. Commissioner Plummer: OK. Mr. Kan: And in addition, he has a second mortgage as trustee also. 62 October 25, 1990 0 9 Commissioner Plummer: OK, the only other concern I have primarily, other than those that I have already expressed is, Dr. Prieto, you tell me that, in fact.. . Commissioner De Yurre: Excuse me, J.L., a second. Is Citicorp involved in this issue? Commissioner Plummer: Yes, sir. They are one of the mortgage holders. Commissioner De Yurre: OK. I have to abstain then from this item. Commissioner Plummer: OK. Commissioner De Yurre: So does the Mayor, also. Commissioner Plummer: OK. So, I guess you show that for the record. I wish I was in that position but... You're saying that there are alley closures? Mr. Luis Prieto: Yes, sir. Commissioner Plummer: OK, and as such, that these aggregate owners are owners of both sides of the alley? Mr. Prieto: That's right, on the north and the south side of that alley. It's an east/west alley. Commissioner Plummer: OK. So, in other words, there is no problem there whatsoever? Mr. Prieto: Not on that alley, sir. Commissioner Plummer: But that is a public dedication alley? Mr. Prieto: Yes, sir. Commissioner Plummer: And are they offering anything to the City for closure? Mr. Prieto: Not to my knowledge, sir. Commissioner Plummer: In other words, it's not their property now? Mr. Fernandez: That's right, it is not. Commissioner Plummer: It is City property right now? Mr. Prieto: Yes, it is. Commissioner Plummer: And if in fact this plat passes, do they become the owners of that property? Mr. Prieto: Yes, sir, they do. Commissioner Plummer: And how many square feet are they acquiring? Mr. Prieto: I can tell you in a moment. Commissioner Plummer: Please. And also what the approximate value of a square foot of property in that area is worth. It's just above... Sergio. Mr. Kan: North. Mr. Sergio Rodriguez: If my memory serves me right, I believe that the alley closure came before you already before, and that they proffer, I believe five thousand dollars ($5,000.00) voluntarily when the issue was discussed over here. We have not received... Commissioner Plummer: They volunteered that? Mr. Rodriguez: The volunteer we have not received... Commissioner Plummer: And they volunteered to pay it, when? is 63 October 25, 1990 0 0 Mr. Rodriguez: It wasn't clear. They just mentioned in the record. I believe that they were going to proffer five thousand dollars ($5,000.00). I might be wrong, but I think that's what... Commissioner Plummer: Maybe, they will clarify the record as to when. Mr. Alan Kan: The statement is correct, Mr. Commissioner. There was no response. I wasn't here but my understanding is from the architect, there was no response as to a specific date. The architect was here at that time. Commissioner Plummer: Would he like to volunteer, Dr. Chi would like to volunteer a date as to... Mr. Kan: I would... Commissioner Plummer: ... Chinese food for a year, no. Mr. Kan: I would suggest that it be simultaneously with the recording. Commissioner Plummer: OK, that sounds reasonable. And how many square feet are there? Unidentified Speaker: Approximately fifteen to sixteen hundred. Commissioner Plummer: Fifteen hundred. It's kind of like that's a... we gave a Chinaman a chance. (INAUDIBLE COMMENTS NOT ENTERED INTO THE RECORD) Commissioner Plummer: How much? You got one hell of a buy. OK, here again, as the Mayor so quoted, I have expressed to you Mr. Chi, in my office, and I am going to express it to you again. I am extremely concerned about the parking. I know that you have spoken to me in reference to a parking structure in the second project, second phase, but here again, this Commission has been faced many times with phases two that never came about, and that's a concern. If you can find a way to guarantee phase two, well, great, but I'm telling you as it stands today, I am extremely concerned. We will pass this today as requested, now that we have had your appearance here, and as far as I am concerned, Mr. Vice Mayor, I'll move approval of item 2. Commissioner Alonso: Second. Vice Mayor Dawkins: Any further discussion? Call the roll, Madam Clerk, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-826 A RESOLUTION WITH ATTACHMENT, ACCEPTING THE PLAT ENTITLED "CHINATOWN", A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE =� PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (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: 64 October 25, 1990 0 AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: None. ABSTENTIONS: Mayor Xavier L. Suarez Commissioner Victor De Yurre ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Mr. Kan: Thank you very much. ------------------------------------------------------ 11. CLAIM SETTLEMENT: RUSSELL, INC. ($90,000). Vice Mayor Dawkins: Item 3. Mr. Fernandez: Yes, item 3, does item 2 in the regular agenda, that is. Vice Mayor Dawkins: Item 2. What was that? Mr. Odio: Mr. Vice Mayor. We were taking item CA-2, sir. Vice Mayor Dawkins: OK, item 2. Mr. Fernandez: Item 2 in the regular agenda is a request for settlement authority. The administration and the law department jointly, is coming in front of you and asking for authority to settle a lawsuit that has been going on for the last two and -a -half, three years, between Russell Inc., and the City of Miami, and we have done considerable negotiations in this case and we believe that settlement in the amount of ninety thousand dollars ($90,000) given the controversy, and what is at issue, is at this time in the best interest of the City. Vice Mayor Dawkins: Has this been explained to the satisfaction of each committee member? Commissioner Plummer: They came to see me this morning. Commissioner Alonso: They came to see me, too. Mr. Fernandez: Yes. I believe that a member of my staff... Commissioner Plummer: The question that I have Mr. Vice Mayor, is... Vice Mayor Dawkins: OK, then... go right ahead, go ahead Mr. Plummer, please. Commissioner Plummer: ... what happened and why? Why was there a delay? - was it weather, what was, why was the reason of the delay? Mr. Odio: Go on, Luis. Mr. Luis Prieto: The delay that is in contention here, is really a delay due to the fact that unbeknownst to the City, WASA (Water and Sewer Authority) was going to remove a line and substitute for a larger water line in the same right-of-way where the Russell Corporation was going to build the improvements. They had to wait until WASA came in and replaced those lines, and of course, they claimed that their mobilization cost and that that delay was the cause for this claim. Commissioner Plummer: Did we have a commitment from WASA that... definite dates? Mr. Prieto: Apparently, the department at that time, this is back in 1984, the department was unaware that this was going to take place. But it does not exonerate the City from that liability. 65 October 25, 1990 0 9 Commissioner Plummer: I understand, but I'm trying... you know, everywhere where these things happen, there has got to be somebody who is at fault. Mr. Prieto: Yes, sir. Commissioner Plummer: And I am trying to find out, who was at fault, and not for the purpose of chastising, but for the purposes of hopefully in the future, we don't have a reoccurrence. That to me is more important, this is history now, OK? Mr. Prieto: Yes. Commissioner Plummer: Now, I think maybe what the lesson we are learning here, is don't ever take the word of WASA, as Father Gibson used to say, "I want it in black and white." Mr. Prieto: Agreed. Commissioner Plummer: So, you know, I'm saying that that's where you should be I guess, in the future. Mr. Prieto: Yes, sir. Commissioner Plummer: OK, I'll move it. I don't like it, but I'll move it. Vice Mayor Dawkins: OK. Is there a second? OK, it's been moved and seconded. I would like to, with the permission of the mover, to separate the ninety thousand dollars ($90,000) from the retainage, a hundred and seventeen thousand ($117,000), I feel that we should pay the ninety thousand ($90,000) immediately. Because if they were a small business, they would be out of business, but I do not think that we should release the hundred and seventeen thousand until the punch list is completed. Mr. Fernandez: We will do that as a matter of course. Vice Mayor Dawkins: You see, but that's not what... OK, well put... that's not what the ordinance says. Mr. Fernandez: We're doing this... you're correct. Vice Mayor Dawkins: The ordinance says, pay it all. Mr. Fernandez: But it goes without saying that we will not authorize release of the retainage until we complete the punch list which will be completed hopefully, by tomorrow, my understanding is. Dr. Prieto: That's right. Vice Mayor Dawkins: Therefore, it is respectfully recommended by myself, the City Manager and the director of Public Works, that the requested amount of ninety thousand dollars ($90,000) be approved by the City Commission for full settlement of the claims by Russell Inc., as well as paying a hundred and seventeen thousand nine hundred and fifty-two dollars and seventy cents ($117,952.70) representing retainage and final. draw upon the completion of the remaining punch listed items. So, you're not going to give them the ninety nor the hundred and seventeen until then? Mr. Fernandez: No, we will give them the ninety, but we will hold the hundred and seventeen until we complete... the project is completed. Vice Mayor Dawkins: OK, thank you. Mr. Fernandez: So we will do as you have instructed. Commissioner Plummer: That's normal. Commissioner Alonso: Who... one question Dr. Prieto. Who is responsible for checking the punch list? Mr. Prieto: We are. We are continuously talking to them on the punch list. As of this morning, there were only two items out of thirty that were remaining on that punch list. 66 October 25, 1990 0 0 Commissioner Alonso: Why at the beginning of the process, the punch list was not checked? Mr. Prieto: I believe that the punch list was not processed for a number of years due to the litigation going on. Russell walked off the job, refused to do any further work, and we had a punch list, and nothing was being done on it. Recently, as recent as less than six months ago, they've gone back on to the job and there have been conversations of how to repair everything that was damaged. Agreement was reached and they started to fulfill the punch list. They are almost finished now, and basically, it's within a matter of days. The last two items which was some broken laterals and pavement distress, will be repaired. Commissioner Alonso: And some of the work that they had to do in some of the internal jobs that they were doing... Mr. Prieto: They were finished. Commissioner Alonso: ... and some serious reparations that were done, you are satisfied that they will not create problems to the City of Miami, let's say in five or ten years from now? Are you satisfied with the way it has been done? Mr. Prieto: In principle, yes, ma'am. Commissioner Alonso: OK, thank you. Mayor Suarez: OK, as to item 2, do we have a motion and a second, Madam City Clerk? Ms. Hirai: Yes, sir, we do. Commissioner Plummer: I moved it. Mayor Suarez: Call the roll, then. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-827 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RUSSELL, INC., FORTHWITH, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $90,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 87-23717 CA 13, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS, USING FUNDS THEREFOR ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT (CIP) FUND NO. 341094 MONIES AND TO THE DEPARTMENT OPERATING BUDGET WHICH BUDGETED FUNDS SHALL BE RESTORED AS SOON AS PRACTICABLE AND FURTHER AUTHORIZING A FINAL PAYMENT OF $117,952.70 FROM PREVIOUSLY APPROPRIATED CIP MONIES TO RUSSELL, INC. REPRESENTING RETAINAGE AND FINAL DRAW, UPON COMPLETION OF REMAINING PUNCH -LIST ITEMS TO THE SATISFACTION OF THE PUBLIC WORKS DEPARTMENT. (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: 67 October 25, 1990 0 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. -------------------------------------------------------------------------------- 12. EMERGENCY ORDINANCE: AMEND ORDINANCE 10648 - FOR PURPOSES OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. ------------------------------------------------------------------------------ Mayor Suarez: Item 3, thank you. Annual Appropriations Ordinance. Mr. Odio: This is the end of the year adjustments so that the... we balance the financial records of the City for the year 1990. This is after review by the... Mayor Suarez: The nature of the emergency is I guess, is that we need to make that conform with the reality? Mr. Odio: ... We need to give... Yes, sir, and with the external auditors... are requesting that we do so. Mayor Suarez: Breathing down our backs. Do we have a... Vice Mayor Dawkins: Question. Mayor Suarez: Yes, Vice Mayor Dawkins. Vice Mayor Dawkins: On page 2, Mr. Manager. Mr. Odio: Yes, sir. Vice Mayor Dawkins: An additional appropriation of four hundred and fifty thousand dollars ($450,000) to be covered in full by the United States Department of Housing and Urban Development is needed to provide for rental assistant payment during fiscal year 1990. Where will this money come from, and what is it? Mr. Manohar Surana: OK. This is coming from section 8, rental assistant program, it comes from Uncle Sam, from HUD. We received almost four hundred and fifty thousand more than we were supposed to receive. Vice Mayor Dawkins: We received what now? Mr. Surana: Four hundred and fifty thousand more than we had anticipated. Mr. Odio: Yes, four fifty. Vice Mayor Dawkins: And you don't see the need to require... I mean retain that as a cushion or a contingency in the event that people move out or something next year? - you're just assuming that you're going to have enough to make the payment again next year, you're saying? - that's what you're assuming? Mr. Surana: That money is staying in that fund, it is going nowhere. The money is staying in Housing Department under that program. Vice Mayor Dawkins: OK, all right. When we... and now somebody up here have to help me. When we accepted the Newport Bridge Land Sale Fund, what was to be the purpose of that money? Didn't we earmark it for something special? Mr. Odio: From memory, I am pleased... if I'm wrong, correct me. We split it in two I think, part of it was to bond out for Bayfront Park, and the other, equal part, for the parks. 68 October 25, 1990 0 0 Vice Mayor Dawkins: For the parks? Mr. Odio: Yes, sir. Vice Mayor Dawkins: So now if you're going to take it here now... Mr. Odio: No, what we're doing here... Vice Mayor Dawkins: Go ahead, I'm listening. Mr. Carlos Garcia: Any monies that are being appropriated at this time, Commission, Vice Mayor, have already been replaced in the capital projects by other funds that were available. OK? So nothing has been taken away from parks. Mr. Odio: This is just a paper transaction. Vice Mayor Dawkins: The what now? Mr. Odio: This is just a balancing of the books transaction, it's not... the monies... Vice Mayor Dawkins: OK, well balance with me, half for Bayfront Park and half for the other parks. Balance that for me, where is it? Mr. Garcia: Right. What happened is, that these were funds that had been appropriated in the past for different parks projects. Those park projects had no need for these particular funds. These funds have been replaced by other sources. When the capital... Vice Mayor Dawkins: What sources? Mr. Garcia: When the capital improvement appropriation was passed during the last meeting, these funds were released, and they were mainly used from the, what we call the guaranteed entitlement bonds that we sold last year, six and a half million dollars. Vice Mayor Dawkins: So, I sat up here and took capital improvement funds and funded the parks, where I was supposed to take park money and fund the parks. Is that what you are telling me? Mr. Odio: You had better explain it. Mr. Garcia: What we are saying is that, different... another type of capital improvement funds were used for the purpose that these funds were already appropriated for. Vice Mayor Dawkins: You all, see, you're telling me things and then you all don't do them. See, then when I catch up with us, we get... all right, I'll leave that one alone. Now, this is where the Mayor and I'll get together, I hope. The Omni tax, what is that? Mr. Garcia: These are, OK... Mr. Odio: Go ahead, yes. Mr. Garcia: ... seven hundred thousand dollars ($700,000)... Vice Mayor Dawkins: Huh? Mr. Garcia: Seven hundred thousand... Mr. Odio: I can explain. We created a tax increment district in the Omni. Vice Mayor Dawkins: Right. Mr. Odio; By law, if the money... if the district is not formed within the year, the money has to come back. Vice Mayor Dawkins: OK. 69 October 25, 1990 0 0 Mr. Odio: The County never... did not approve the district, so we are taking the money back. We already have it in the budget again for this year with the hope that they will implement the district this year, but you cannot keep monies in a district that doesn't exist. Vice Mayor Dawkins: OK. But that is Omni Tax Increment District Funds, is that right? Mr. Odio: Correct, sir. Yes, sir. Vice Mayor Dawkins: Well, what's wrong with taking that seven hundred thousand dollars ($700,000) to provide a fund of some kind to assist with purchasing the land from off-street parking, since we're talking about using tax increment funding? Mr. Odio: Because you need these monies as you see them here to balance this year's budget. Commissioner Plummer: But it's also a different increment district, isn't it? Vice Mayor Dawkins: No, he just said, wait a minute now. Mayor Suarez: It's going right back into the general revenue. Vice Mayor Dawkins: Wait a minute, Mr... Mayor Suarez: Yes, it's going right back in the general fund. Mr. Odio: That's right. Vice Mayor Dawkins: You just told me... Mr. Odio: That there... Vice Mayor Dawkins: ... that there is no tax increment funding, Mr. Plummer. Mr. Odio: In the Omni. Vice Mayor Dawkins: So if there is no... Commissioner Plummer: Oh, what you mean there is none? Where is the one point six million? Mayor Suarez: It's not in effect yet, is what... Mr. Odio: Not in effect as yet. Commissioner Plummer: But we have agreed to pay it. Mayor Suarez: Yes, but with the first... Commissioner Plummer: Are we also talking about two separate, entirely districts? Mr. Odio: Commissioner... Mayor Suarez: The first year's contribution hasn't yet been required because the final approval has not been obtained from the County. Commissioner Plummer: Excuse me, Mr. Mayor. The point that I am trying to make... Mayor Suarez: But it's a totally different area of the City. Commissioner Plummer: ... exact... but I mean, no, it's two different districts. Mayor Suarez: Yes. Commissioner Plummer: They were approved independently of each other... Mayor Suarez: Right. 70 October 25, 1990 Commissioner Plummer: ... so how could you use money from one district to?... Mr. Odio: They are not. Vice Mayor Dawkins: Because you're putting it in the general fund. You can do anything you want with it when it gets in the general fund. Mr. Odio: We are bringing this money back to balance the year's budget. Mayor Suarez: It's just a tax now going into the general fund like any other tax. Mr. Odio: We need the money to balance this year's budget... the last year. Mayor Suarez: The base year was set at what year by the way? - for the Omni? Commissioner Plummer: How can you balance a budget with monies that's restricted? Mr. Odio: That is not restricted, Commissioner. We... Commissioner Plummer: The one point six million is. We've already agreed to give it to them. Mr. Odio: You cannot give something that doesn't exist, Commissioner. The district was never officially... Commissioner Plummer: We agreed that we owe it. Mr. Odio: We did, and we paid it. Now, at the end of the year... Vice Mayor Dawkins: How did you pay it? Commissioner Plummer: Then there is a fund there. Vice Mayor Dawkins: It was never funded. Mr. Odio: You put the seven hundred? - I know... Vice Mayor Dawkins: No, you never... hey, you all go ahead. All right, no problem. Commissioner Plummer: Cesar this is Mano, Mano this is Cesar. Mr. Odio: Let me explain because... let me try to. Commissioner Plummer: Please. Vice Mayor Dawkins: And that's Mr. Rodriguez. Mr. Odio: We put this fund in the Omni district. The end of the year came and the district was not formed, we are taking the money back because we need the money, and if... Commissioner Plummer: When I was a kid, that was an Indian giver. Mayor Suarez: Can't say that anymore. Mr. Odio: No, it isn't. You don't have a district officially. You do not have a district. Commissioner Plummer: If you don't have a district officially, how can you collect money? How can the County, how can anybody collect money and put it in a separate fund if there is no district? Mr. Odio: You cannot. Mr. Garcia: No, Commissioner, what state statute tells you, is that if you have not used the tax increment monies by the end of the year, you may bring those monies back to the general fund, that's what the state statute tell you. It's not that there is no district, it's that there is no use for the monies at the particular time. 71 October 25, 1990 0 n Mayor Suarez: What is the base year of the district, by the way? Mr. Fernandez: Eighty-six is the base year. Mayor Suarez: For the Omni one? Vice Mayor Dawkins: Yes. Commissioner Plummer: I'm sure. Mayor Suarez: OK, so then on that big battle that Commissioners are referring to, when we had to retroactively fund the district, where did that money end up? Or we paid it to ourselves for all the paper work leading to the creation of the district, right? -all the planning and everything else? That's how one hand gave it back to the other so we didn't have to actually allocate it back to the district. So the district is back to having zero monies at this point. The first year that the district hopefully will have monies going into it, will be fiscal year beginning this October, right? Vice Mayor Dawkins: Now, it's a funny thing, I'm sorry, Mr. Manager, Mayor, go ahead. Commissioner Plummer: What a hell of a way to fly an airline. Vice Mayor Dawkins: You know, it's a funny thing that when you talk about Overtown Parkwest and Overtown, you can talk about things that might come about, and if you do, or if you don't. But then when you get money and you talk about putting it in Overtown, then it becomes, that it doesn't go there because it wasn't scheduled to go there. You know, so, I mean, you lose me, that's all. I don't know where we are. Commissioner Plummer: I think this is Carlos Smith's idea, because this sounds like Eastern Airlines, and that's where he came from. Mayor Suarez: OK, on the ordinance to adjust the annual appropriation's ordinance for all the last minute accounting, modifications, et cetera, to reflect what we did, and hopefully, within generally recognized accounting practices, et cetera, do we have a motion on this, Madam City Clerk? Ms. Hirai: No, sir. Mayor Suarez: I'll entertain a motion on item 3, emergency ordinance for the reasons stated. Please, somebody move it. Commissioner Plummer: Why not? Mayor Suarez: Thank you. That's close enough to a motion. Second, that's close enough. Any discussion? If not, please read... Vice Mayor Dawkins: Under discussion. Mayor Suarez: Yes, Vice Mayor Dawkins. Vice Mayor Dawkins: You say, we are doing this to balance the budget, is that correct? Somebody, anybody. Mr. Garcia: Yes, Commissioner, we are... Mr. Vice Mayor. Vice Mayor Dawkins: So when we do this, the budget is balanced? - is that correct? Mr. Garcia: Last year's budget, Commissioner. Vice Mayor Dawkins: Beg pardon? Mr. Garcia: Last year's budget, yes. Vice Mayor Dawkins: Last year's budget? - Oh, thank you, thank you. Commissioner Plummer: Are you telling me that without this... 72 October 25, 1990 L� Commissioner Alonso: Well, it was balanced. Wait a minute. Mr. Garcia: We are talking about fiscal year 190. Commissioner Plummer: Are you telling me that without this passing, we operated last... ended last year in a deficit? -because then, we are all gone. Mayor Suarez: That fiscal year which ended September 30th 1990. Mr. Odio: No, we did not. This is September 30, we have a six million dollar fund balance. That has nothing to do with it. Commissioner Plummer: Wait a minute, excuse me. Mr. Odio: You want to use the six million dollars? - I'll take this out. Commissioner Plummer: Sir, so you don't lose anything in the translation. The question to you was, is this to make last year's budget in compliance? - and your answer was what? Mr. Odio: This is to finalize last year's budget, yes. Commissioner Plummer: That is not the question that was asked of him. Mr. Odio: This is to finalize last year's budget. Mayor Suarez: Hey, and it's to balance the two in a sense. Commissioner Plummer: I understand your answer, you don't understand my questions. Mr. Garcia: There are some items at this time, Commissioner, that are still doubtful as to how much we are going to collect on those items. For instance, taxes. Commissioner Plummer: Carlos, I could not let your answers stand on the record as it was. It was inferring that we ended last year in a deficit. Mr. Surana: No, we did not. Commissioner Plummer: That was his answer. I'm sorry, you're wrong. Mr. Odio: Sir, I'm glad we clarified. We did not. Commissioner Plummer: I want it clarified on the record. Mr. Garcia: It's clarified. Mr. Odio: Fine, it's clarified. Vice Mayor Dawkins: When those yo-yos start recounting, I want them to have something to recall. Mr. Odio: We did I think... I should have taken you to a different place for lunch. Commissioner Alonso: You better clarify this on the record. Mr. Garcia: I think the question the Vice Mayor made, was whether we needed this to balance last year's record. Commissioner Plummer: Exactly, and your answer was yes. Mr. Garcia: Well, we need this to finalize last year's record, not necessarily to balance last year's records. Mayor Suarez: OK, to reflect by... Mr. Garcia: There are a number of transactions that are pending that need to be finalized for last year. 73 October 25, 1990 0 Commissioner Plummer: And had that been the question, your answer would have been appropriate. Mayor Suarez: To reflect on paper, the balancing of last year's budget. We're going to look at it that way. Commissioner Plummer: But his question was different. Vice Mayor Dawkins: OK, all right. Mayor Suarez: Yes, Vice Mayor Dawkins. Vice Mayor Dawkins: Now that you've cleared that up for me, will I see another one of these for this year's budget? Mr. Odio: Oh yes, Commissioner, at the end... in October of next year... Commissioner Plummer: Yes. Mr. Odio: ... we will have to come back and do transaction from one account to another, yes. Mayor Suarez: Well how about if next year, you try to do it on September... the last meeting in September, not the first. Mr. Odio: Sometimes... Mayor Suarez: If you can. Mr. Odio: We can do it. Mayor Suarez: Thank you, Mano, you're very cooperative today. Mr. Odio: But don't say you can do it when... sometimes you cannot do it as you wish. Mayor Suarez: Well it's helpful if you do things before the fact rather than after the fact. It looks just a little bit fishy when you do it after the fact. Even though, I am sure in balancing the books of every corporation at the end of every fiscal year, you have to go back and make some... Vice Mayor Dawkins: You have to move money from one line of item to another line item. We understand that. Commissioner Plummer: It used to be called CYA and it's not called CAC. Mayor Suarez: Yes, I know. Vice Mayor Dawkins: See, like you said, this is nothing but accounting procedures where you move money from one line item to another line item, OK? Commissioner Plummer: I say no more. Vice Mayor Dawkins: But you don't pass the bass the budget in September, and come back in November to do this. Mr. Odio: No, but I don't want to get into this... you remember, I guess I have to say this, that the budgets are projections. A budget is, we sit down and project that something is going to happen. It never happens the way we project it. Vice Mayor Dawkins: Mr. Manager, are you telling me that you don't move money from one line item to another line item in order to balance the budget? - is that what you are telling me? Mr. Odio: Yes, no, I didn't say that. That's a lot... and I agree with you. Vice Mayor Dawkins: That's all I'm saying. Mayor Suarez: That's it. Yes, I like that explanation. 74 October 25, 1990 0 0 Commissioner Plummer: OK, just for the record, CAC stands for "cover your colleague." Vice Mayor Dawkins: No further questions. Mayor Suarez: Right. Vice Mayor Dawkins: No further questions, Mr. Mayor. Mayor Suarez: Cover anything that should be covered. All right. We have a motion and a second. Please read the ordinance. Call the roll. Commissioner Plummer: Which two are going to vote against him? Vice Mayor Dawkins: It could take a vote, we'd vote. He's trying to see which two would vote against him. Commissioner Plummer: We've got to make a decision here, which two is going to vote against it. I vote, yes. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 3, 4 AND 5 OF ORDINANCE NO. 10648, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner De Yurre, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10803. 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. COMMENTS MADE DURING ROLL CALL: Ms. Hirai: You vote yes or no? Votes, yes. Commissioner Plummer: How did they vote? 75 October 25, 1990 ►'1 L� Ms. Hirai: Yes. Commissioner Plummer: Both of them? Ms. Hirai: Yes. Commissioner. Plummer: Chicken. NOTE FOR THE RECORD: At this point, Agenda item 5 was withdrawn. 13. FIRST READING ORDINANCE: AMEND CODE SECTION 2-302 (CONFLICTS OF INTEREST) - AUTHORIZE APPEARANCES BY MEMBERS OF CITY BOARDS, COMMISSIONS AND AGENCIES BEFORE CITY COMMISSION TO REPRESENT THIRD PARTIES - CONTINUE PROHIBITION ON APPEARANCES BEFORE MEMBER'S OWN BOARD, COMMISSION OR AGENCY. ------------------------------------------------------------------------------ Mayor Suarez: OK, item 5. At any time that... Commissioner Plummer: Four has been withdrawn. Mayor Suarez: OK. Item 5, conflict of interest, amendment to clarify... amendment of the ordinance to clarify that what we mean is, people on boards may not practice before those boards, but that doesn't preclude them from practicing before us. Is it only for the DDA (Downtown Development Authority) or for everybody? Vice Mayor Dawkins: For everybody. Mr. Fernandez: No, no. We have prepared too, what you packet contains as distributed last week, was only one that arose from DDA. Since then, taking into account, your concerns at your last City Commission meeting... Mayor Suarez: For all the boards and... Mr. Fernandez: We have prepared a global one which is being distributed to you right now. Mayor Suarez: Thank you. OK. I'll entertain a motion... Commissioner Plummer: And Mr. Mayor, I want to tell you that I have... Vice Mayor Dawkins: Move it. Commissioner Plummer: I'll second the motion. Mayor Suarez: Thank you. Commissioner Plummer: I have invited all members of the DDA next week to meet with me downtown, at ten o'clock at night, at Miami Avenue and Flagler Street, and I'd like for them to walk around and see what they never see, otherwise. So, I'd let you know date it is and without any special police protection or anything, I'm inviting them all to meet me downtown next week, ten o'clock, Miami Avenue and Flagler Street, to let them see where the real world is. Let's see how many of them show up. There's what? - twenty-nine? Mayor Suarez: Twenty-nine, Commissioner Plummer: OK, we're going to have a walking tour of downtown, if we can get around the garbage cans. Mayor Suarez: All right. That's part of the motion? Commissioner Plummer: No, sir. It's not part... 76 October 25, 1990 0 Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. Jeff, you know where you're going to be that day, at that time. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO CONFLICTS OF INTEREST; AMENDING THE CODE OF THE. CITY OF MIAMI FLORIDA, AS AMENDED, BY AMENDING SECTION 2-302 THEREOF TO AUTHORIZE APPEARANCES BY MEMBERS OF BOARDS, COMMISSIONS AND AGENCIES OF THE CITY BEFORE THE CITY COMMISSION IN REPRESENTATION OF THIRD PARTIES; CONTINUING PROHIBITION ON APPEARANCES BEFORE A MEMBER'S OWN BOARD, COMMISSION OR AGENCY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Vice Mayor Dawkins and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote: 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. 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. COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: The only... Mr. Mayor, excuse me. The only legal question I have... Mr. Fernandez: Yes. Commissioner Plummer: Should this ordinance be made retroactive? - in other words, are we to be concerned of actions taken by these boards prior to this change? Mr. Fernandez: No, it cannot be made retroactive. It has to be upon second... Commissioner Plummer: But nobody can go back now and contest an action taken four months ago by the DDA was illegal, because? Mr. Fernandez: No. Commissioner Plummer: OK. Mayor Suarez: OK. 77 October 25, 1990 0 0 14. DISCUSS AND DEFER TO A FUTURE MEETING PROPOSED RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR ITS ENCROACHMENT UPON A RIPARIAN AREA OF THE MIAMI RIVER - FOR CONSTRUCTION OF THE METROMOVER MIAMI RIVER BRIDGE PIER AND FENDER SYSTEM BY DADE COUNTY. Mayor Suarez: Item 6. Lease agreement with Dade County so they can do the Metromover Miami River Bridge Pier and Fender System by Dade County. I love that word, fender. Vice Mayor. Dawkins: I move it that this be deferred for further information. Commissioner Plummer: Second. Mayor Suarez: Moved and seconded. Commissioner Plummer: Call the question. Mayor Suarez: If you have any doubts or concerns about getting a majority, you ought to state on the record, at least for my vote, why you want to defer. Commissioner Plummer: I need more information. Vice Mayor Dawkins: I need more information. Mr. Bert Waters: Can we... Mayor Suarez: Is this an item, Mr. Manager, that if we don't act on it, could create a problem for us with the construction in the timing construction of the Metromover extensions? Mr. Waters: Mr. Mayor and members. Commissioner Plummer: Mr. Mayor, I called the question. Commissioner Plummer: That's right. I second. I mean... Mr. Waters: May I meet with... Commissioner Plummer: I called the question. Mr. Odio: Don't be so nasty. Vice Mayor Dawkins: Moved to defer. Commissioner Plummer: I'm not being nasty, he keeps pursuing so I'm just answering. Mr. Odio: He was asked a question. Commissioner Plummer: By who? You don't... Mayor Suarez: I know, I asked him. Commissioner Plummer: When you call the question, it ceases conversation. Mayor Suarez: Well, wait, wait. I haven't ruled on the question, we can vote on the question, but on calling the question and closing debate. Mr. Fernandez: They are trying to defer it. Mr. Odio: Well, he was asked a question. Where did I take you for lunch? Commissioner Plummer: Excuse me, wait a minute. Mr. City Attorney. Mr. Fernandez: Yes, sir. 78 October 25, 1990 0 Commissioner Plummer: When question is called, is there a ruling by the chair as to whether or not it's illegal? Mr. Fernandez: No. Commissioner Plummer: That's what I thought. Mr. Fernandez: When a motion is called, you vote on that. Unidentified Speaker: Who calls the question? Commissioner Plummer: I called the question. Mayor Suarez: No, you don't really call a question... Commissioner Plummer: Now, the Mayor says, he has the right to determine whether... Mayor Suarez: ... on the mason's rules to procedures you move the question, but... Mr. Fernandez: You move the question. Mayor Suarez: ... J.L. I have... Vice Mayor Dawkins: J.L. moved and I second. Commissioner Plummer: I called the question. Mayor Suarez: No, no. He moved to defer. Mr. Fernandez: You moved it. It's the same thing basically. Commissioner Plummer: All right, I moved the question. Commissioner Alonso: Did he answer your question? Vice Mayor Dawkins: And I second it. Commissioner Plummer: Does that not cease conversation? Mr. Fernandez: It should, for purposes of voting on that. Commissioner Plummer: Why should? - yes, or no? Mr. Fernandez: Yes. Commissioner Plummer: Thank you. Jesus. Mayor Suarez: OK. The chair... Commissioner Plummer: Now, if you want to ask a question, go ahead. Mayor Suarez: ... has a point of clarification. Commissioner Plummer: Fine. To my colleague, I bend. Mr. Fernandez: Yes. Commissioner Plummer: Not for long, but I bend. Mayor Suarez: Not having yet ruled on whether we are going to close off debate and not having yet voted on whether we are going close off debate, which is... Commissioner Plummer: You don't have that option. Mayor Suarez: Yes, you do. Commissioner Plummer: Does he have that option? Mayor Suarez: You can overrule me if I don't close off debate. 79 October 25, 1990 0 0 Commissioner Plummer: Whoa! Whoa! Since you don't agree with him, I'm going to agree with you. Does he have that right, as Mayor? Mr. Fernandez: My understanding of mason rules, is that once the motion has been made to... for the question, or to be voted on, that that supersedes all other motions. Commissioner Plummer: Does it apply... Mason's rule apply to a catholic boy? Mr. Fernandez: It certainly does. Commissioner Plummer: OK. Mr. Odio: Use the Cuban rule. Commissioner Plummer: Pow, wow, wow. Mayor Suarez: The other problem that you have is that the motion that is before us now, even assuming the City Attorney is right, which he clearly is not, is a motion to close off debate, and my question is directed at whether we should close off debate, or not. So, it is proper. Mr. City Manager, seriously, I mean, Commissioners, I know you want to defer on the item but... Commissioner Plummer: Now I know how they teach in Harvard. Mayor Suarez: ... what problems could be created if we don't vote on this today, because my fellow Commissioners want me to defer it without telling me why they want me to defer, other than they want more information... Commissioner Plummer: Correct. Mayor Suarez: ... but they don't tell me any more than that. Mr. Waters: Mr. Mayor and members of the Commission, what you are acting upon... well, considering... Vice Mayor Dawkins: Hold it. I'm going to be excused until you finish because I don't hear this until it comes back, OK? I'll be back after he gets through explaining this. Mayor Suarez: OK. Commissioner Plummer: Go to the ladies room. Mayor Suarez: Please, proceed. Mr. Waters: You may recall, Commissioners, on April 12th, that this Commission adopted a resolution basically directing or requesting that the Metro Dade County build... or the Rivermover, the River -Walk Metromover Station. At that particular time, the County, because of certain problems they were having regarding the crossing of the Miami River, there was a j possibility of deleting that particular station. This Commission directed the i County to retain that station, and based on that directive, the County has gone back to redesign that particular crossing, which by being directed from this Commission, has allowed them to come before... well really, they are requesting this consent to lease, to encroach upon the riparian rights, the riparian area of the City of Miami. In order to solve the solution of crossing that river, the County has to build within the riparian area, a fender and pier system to allow for this crossing. In order for that to occur, they need your permission in order to encroach upon the riparian area of the City of Miami. And this item that... Mayor Suarez: That's all this does, and it is... Mr. Waters: All this does is, it solves the directive that this Commission has given. That is to make certain that that station is built, the Riverwalk Station is built at that particular location in order to accommodate that, this easement is required. Vice Mayor Dawkins: I have to level with you, I have to vote against him you know, when it comes to vote, but I still want to defer it. 80 October 25, 1990 0 0 Mayor Suarez: All right. Commissioner Plummer: Well let me tell the further information that I think is necessary, because I think we have to understand that. I am extremely concerned that in the area today of transportation, Metropolitan Dade County, under that framework of transportation, which is, I understand, is the buses, the rapid transit and the Peoplemover, just the Peoplemover that exist today. Over revenue subsidizes transportation at the tune of one hundred and four million dollars a year, roughly. A hundred million for rough figures, OK? I am concerned and I have asked the question and never got an answer, with this extension, how much more subsidy is going to be required, keeping in mind that I represent twenty-seven percent of every dollar from the City of Miami that goes into that subsidy. Vice Mayor Dawkins: Well my concern J.L... Commissioner Plummer: And I have never got an answer from these people... Mayor Suarez: The operating deficit from the additions has been estimated... Commissioner Plummer: Exactly. Mayor Suarez: ... at times between two million and as high as seven million dollars. Commissioner Plummer: Well I've never heard that from them. Mayor Suarez: But a lot of it is, of course, dependent on how many people in fact, use the system and how much we are able to get in fares. Yes, Vice Mayor Dawkins. Vice Mayor Dawkins: My question and the need for further information is, the County is crying wolf. The County says that if the one cent sales tax does not pass, it's going to cut back, so why shouldn't I have more information as to if this is one of cut back projects, if the one cent sales tax doesn't pass, what?... and by the time we get back to this, it will be after November the 6th and I will know if the one cent sales tax passed or not. Mayor Suarez: OK, let me answer. Commissioner Plummer: Well, you know, another thing that I can't get an answer. Mayor Suarez: Let me answer the Vice Mayor, because he missed a little bit of the discussion when he stepped out for a second. One thing that concerns me Vice Mayor, is that if we are sending a message to the County that we are upset with the way they have handled this or other matters, this is an item that we specifically asked for them to make a part of the Metromover extension. And they have come back and they adjusted the designs to fit our criteria and we now need a... Commissioner Plummer: This was the lesser of evil's choice. Mayor Suarez: ... to give him an easement so he could build these finders. Last time we was here, we were calling him aprons. I remember that, I love that one. Now, it's fenders. Just told that presumably, so that shipping disrupt the columns if they hit it, hopefully, they won't hit it at all. In any event, it is something that could delay the Metromover extension and that we, that as a result of our request of the County, that they redesign, so that's just something I want to put on the record. Commissioner Plummer: Mr. Mayor, I just want to make one... I had asked the Mayor... the Manager, to ask, inquire, and from the information that I have back, the question that I asked was, if the penny sales tax were to pass, how much of that revenue would be shared with the cities of the municipalities? My answer is, nothing. The cities would not get a dime. Mr. Odio: Correct. Commissioner Plummer: Do you have any different answer? 81 October 25, 1990 0 0 Mr. Odio: No. In reference to the Metromover, whether the one cent sales tax passes or not passes, they have the money to build the system. They have the absolute total amount to build the system. Mayor Suarez: And in further answer to his question. Mr. Odio: And all they will do here... Mayor Suarez: The second year the tax would produce, and I'm not sure that anybody on this Commission believes that it would pass, but let's assume that it did because that's what your question is, produce a hundred and sixty million dollars of which around, almost fifty are available for other things, because the rest is going into that deficit that the system creates or generates. That fifty million, one of the things that they have discussed and apparently, have a legal opinion now that says, they could return it back to the contributors which would mean twenty-seven percent of it presumably, going back to our taxpayers. That's the only way in which you could argue that we will ever see any of it going back to us. Commissioner Plummer: Yes. That will be delivered by the snow ploughs on Flagler Street. Mayor Suarez: Or Santa Clause. Vice Mayor Dawkins: But the only concern again, and I'll raise it again is, the County has attempted to sell this bond issue by saying that in the event the penny sales tax does not pass, certain services have to be cut. Now even though the Manager tells me that this is budgeted, somebody will have to tell me and show me in writing, for me, that this is not one of the projects will be cut back in the event that... Mr. Waters: I can show you. Mr. Odio: We can show you. Vice Mayor Dawkins: ... in writing. Mr. Odio: Yes, sir. Mr. Waters: Yes. Vice Mayor Dawkins: That this will not be cut back. Mr. Odio: Yes, sir. We can give you that. Mayor Suarez: All right, and on the assumption that the Vice Mayor needs that prior to voting on this item, that is more than enough reason for his request to defer. We have stated on the record the reasons whey we should act on it and I think, certainly, if not before, now is the time to take a vote and see how we feel about it. OK? Any further discussion on the motion to defer? You want to add anything? If not, we are going to vote, because we've got a lot of items to go through today and planning and zoning agenda. Anything else? Call the roll on the motion to defer. The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 90-828 A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM NO. 6 (PROPOSED RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY FOR ITS ENCROACHMENT UPON A RIPARIAN AREA OF THE MIAMI RIVER, FOR CONSTRUCTION OF THE METROMOVER MIAMI RIVER BRIDGE PIER AND FENDER SYSTEM BY DADE COUNTY) TO A FUTURE MEETING, FOR FURTHER INFORMATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 82 October 25, 1990 0 AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez. ABSENT: None. NOTE FOR THE RECORD: At this point, Agenda item 7 was withdrawn by the administration. 15. AUTHORIZE SOLICITATION OF PROPOSALS FOR PROVISION OF MOBILE DIGITAL TERMINALS. ------------------------------------------------------------------------------ Mayor Suarez: Item 8. Authorizing the solicitation of proposals for mobile digital terminals. Commissioner Plummer: As your representative of Commission Awareness, I urge my colleagues to go forth with the proposal. We have... Mayor Suarez: Mobile digital terminals. Commissioner Plummer: Yes, sir. Mayor Suarez: OK. Commissioner Plummer: This is merely to go out for a bidding. It will come back to this Commission for a final... Mayor Suarez: Sounds... Vice Mayor Dawkins: When we put you there to advise us, if you advise, that should move it. Mayor Suarez: All right. With the recommendation of the Commissioner involved in the program, oversighting that particular department, we have a motion and a second. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-829 A RESOLUTION AUTHORIZING THE SOLICITATION OF PROPOSALS FOR THE PROVISION OF MOBILE DIGITAL TERMINALS WITH FUNDING TO BE PROVIDED FROM THE CAPITAL IMPROVEMENT BOND PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: 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. 83 October 25, 1990 0 NOTE FOR THE RECORD: At this point, Agenda item 9 was withdrawn by the administration. Mayor Suarez: Let me remind my colleagues on the Commission that the more items that we postpone, the more our agenda is later again full of items and we are not able to transact some of the business we'd like to. Commissioner Plummer: And I would strongly suggest that the Manager have for lunch every Commission meeting, that what he did today because it's making him very smart. ------------------------------------------------------------------------------ _ 16. APPOINT INDIVIDUAL AS MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY (Appointed was Tony Marina). Mayor Suarez: Item 10. Appointing an individual as a member of Miami Sports and Exhibition Authority. Whose... Mr. Fernandez: Commissioner Plummer's appointment. Commissioner Plummer: I nominate Tony Marina. Mayor Suarez: So moved. Seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-830 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 17. DISCUSS AND DEFER APPOINTMENT OF INDIVIDUALS TO SERVE ON THE ZONING BOARD - DIRECT ADMINISTRATION TO EXTEND DEADLINE FOR RECEIPT OF APPLICATIONS. ------------------------------------------------------------------------------ Mayor Suarez: Item 11. Zoning Board, who has got appointments?... Commissioner Alonso: It's my appointment and I'd like to reopen the process. Mayor Suarez: Commissioner Alonso. Mr. Fernandez: And Commissioner Dawkins, and Commissioner Alonso both have appointments. 84 October 25, 1990 V Commissioner Alonso: Or, he does too? Mayor Suarez: Do we have to readvertise? Is that what you are saying? Mr. Fernandez: Well, I don't know. Commissioner Alonso: In my case, yes, I would. Commissioner Alonso: As to Commissioner Alonso's appointment. Mr. Fernandez: Yes, as to Commissioner Alonso, if she is not satisfied with the names that have been submitted, then she must request at this time that the administration readvertise. Mr. Odio: You want to readvertise? Commissioner Alonso: No. Vice Mayor Dawkins: She is not satisfied? OK, then, I'm satisfied but they said that the gentleman that I planned to nominate... Mayor Suarez: Didn't have a resume on time? Vice Mayor Dawkins: ... Father Fox, his application came in late. What's the ruling on that, Mr. City Attorney? Mr. Fernandez: There is actually no need to readvertise. I'm being told that Just by extending the time period, not taking it up at this time, but making... extending the time for deadline to a time that would concur with the next City Commission meeting, then you may vote on a next City Commission meeting. Commissioner Alonso: It's fine with me, I don't know what Commissioner Dawkins... Vice Mayor Dawkins: OK, thank you. Mr. Odio: Do we have to readvertise? Vice Mayor Dawkins: Did you hear his question? Mr. Fernandez: No, you do not have to readvertise. Mayor Suarez: OK. Vice Mayor Dawkins: But if the individual whom Commissioner Alonso wants to appoint, if he gets his name in between now and the next meeting, it's legal? Commissioner Plummer: Excuse me, just for the record, let's clarify it so there is no discussion at a later time. The Commission wants, and not the Commissioner... Mayor Suarez: Right. Vice Mayor Dawkins: OK, yes. Commissioner Plummer: The Commission wants to go back out for further consideration. Commissioner Alonso: Sure, OK, thank you. Vice Mayor Dawkins: OK, no problem, so that's that. Let's move the next one. Twelve. Mayor Suarez: OK. Do we have... do we need a motion on that item twelve then, Mr. City Attorney, or eleven? Mr. Fernandez: You are not making any appointment today, but you have clearly indicated that you want the time period for deadlines to be extended. Vice Mayor Dawkins: The Commission wants to extend the deadline. 85 October 25, 1990 El r; Mayor Suarez: OK, no motion needed. 18. APPOINT INDIVIDUAL TO SERVE ON THE HERITAGE CONSERVATION BOARD (Appointed was: Francisco Avellanet). Mayor Suarez: Item 12. Heritage Conservation Board. Who has got appointments? Mr. Odio: I think it is your appointment. Mr. Guillermo Olmedillo: It is your appointment. Mayor Suarez: Who were my existing appointments? Mr. Odio: Marvin Cassel. Mayor Suarez: Marvin Cassel? Mr. Odio: Yes, was the incumbent. Is that the only one whose term is expiring that?... Mr. Olmedillo: No, you had Francisco Avellanet that I think you wanted to appoint... Mayor Suarez: Yes. Mr. Olmedillo: ... you had indicated, he filed the application. Mayor Suarez: OK, I'll nominate Francisco Avellanet. Do I have another one? - Frank Avellanet. Mr. Olmedillo: Not... yes, the other ones have been appointed already. Mayor Suarez: That's it? OK, anybody else have any others? Mr. Olmedillo: No, no more appointments, it's only yours. Vice Mayor Dawkins: I don't have an appointment? Mr. Olmedillo: Not this time, sir. Mr. Fernandez: Not on 13. Mr. Olmedillo: Not on the HC Board. Mayor Suarez: Heritage Conservation Board. Vice Mayor Dawkins: No problem. Mayor Suarez: OK. Vice Mayor Dawkins: Move it. Mayor Suarez: Move it. Commissioner Plummer: Second. Mayor Suarez: Second. Call the roll on that appointment. 86 October 25, 1990 0 0 The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-831 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE HERITAGE CONSERVATION BOARD FOR A TERM TO EXPIRE DECEMBER 31, 1992. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 19. APPOINT INDIVIDUALS TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD (Appointed were: Dennis Scholl and Irby McKnight.) 20. (A) EXTEND TERMS OF OFFICE FOR ALL PRESENT MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD TO DESIGNATED DATE OR UNTIL SUCCESSORS ARE APPOINTED. (B) DISCUSSION CONCERNING ROTATION OF COMMISSIONERS SERVING AS MEMBERS OF CERTAIN BOARDS/COMMITTEES. Mayor Suarez: Item 14. Vice Mayor Dawkins: Thirteen. Mayor Suarez: Thirteen, thank you. Citywide... Mr. Odio: This is to extend the term of office for all present members of the Citywide Community Development Advisory Board to September 1, 1991, or until such a time as successor's members are appointed, so that they could continue the role as advisors to you while we are changing the board. Commissioner Alonso: Move it. Vice Mayor Dawkins: Who?... Mr. Odio: Community Advisory Development Board. Mayor Suarez: So what he wants us to do? Commissioner Alonso: Extend. Mr. Odio: Extend it for one year, but if in the meantime, we can appoint... Commissioner Plummer: I have my appointment. Vice Mayor Dawkins: I've got my appointee. I don't want to extend nothing. Mr. Odio: OK. Commissioner Plummer: My appointee is Mr. Dennis Scholl, S-C-H-O-L-L. Mr. Odio: OK. Vice Mayor Dawkins: My appointment is Mr. Irby McKnight. 87 October 25, 1990 0 0 Commissioner Plummer: Irby... wait a minute, doesn't he work for the City? Vice Mayor Dawkins: He doesn't work for the City. Mr. Castaneda: Yes, Commissioner, let me explain on the issue of 13. I would appreciate that you would vote for it. What happened was that for some reason the term was reduced to one year. Historically, their term has been two years, and I just want to make it normal of a two year term. We usually have them appointed right after the election of the Commissioners, and then they serve for a period of two years. Vice Mayor Dawkins: Who is my appointee now? Mr. Castaneda: Your appointee right now is Josie Poitier, and you have one vacant which you just named. Commissioner Plummer: Who is mine? Mr. Castaneda: George Lehor. Mayor Suarez: Give me my appointments. Mr. Castaneda: Your appointments are Andrew Rosenblatt and Marguerite Shearin. Mayor Suarez: Have both indicated a desire to serve? Mr. Castaneda: Right. When your are originally elected... Mayor Suarez: To continue service? - as far as you know, my two appointments? Mr. Castaneda: Yes, they are. Commissioner Plummer: Are they attending? Mr. Castaneda: Andrew Rosenblatt and Marguerite Shearin were very active. Mayor Suarez: And both live in the City and both represent what neighborhoods? Commissioner De Yurre: Frank, you have any of mine there? Mr. Castaneda: Yours are, Johnnie Matthews and Dorothy Quintana and Alonso's are Olga Perez Nodal and Elio Cruz which you just appointed I believe at the last meeting. Commissioner Plummer: Yes, I just gave him. Mayor Suarez: OK, I'll entertain a motion to reappoint so many of the members as had been renominated by the Commissioners, and who initially nominated them. Commissioner De Yurre: I'll reappoint mine. Vice Mayor Dawkins: And extend the time for one year? Mr. Castaneda: Yes, extend the time. Mayor Suarez: Yes. Vice Mayor Dawkins: OK, so moved. Commissioner Plummer: I'll second. Mayor Suarez: So moved and seconded. Any discussion? If not please call the roll. 88 October 25, 1990 The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-832 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE EIGHTEEN (18) MEMBER CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Let me ask a question, Mr. Mayor. Mayor Suarez: Yes. Commissioner Plummer: Of you or of the Manager, when is the Commission itself going to reshuffle itself as chairmanships? Mr. Odio: In November. Commissioner Plummer: Is it in November? Mr. Fernandez: No, the Vice Mayor comes up in November. Commissioner Plummer: I'm not talking about Vice Mayor. I want chairmanships. Vice Mayor Dawkins: All of them should go, because we don't know who would be here after November. Commissioner Plummer: When is their? - it was one year, correct? Mr. Fernandez: No, no. It was six months trial period. Commissioner Plummer.: No. Mr. Fernandez: For committees... Commissioner Plummer: As I recall, it was one year that... Commissioner De Yurre: That was for the awareness program. Commissioner Plummer: No. Commissioner De Yurre: The six months that he is talking about. Commissioner Plummer: I'm talking about the rotation of memberships of members of the Commission on different committees. Commissioner De Yurre: It was going to be for a year, I think. Commissioner Plummer: When is that year up? - that's what I'm asking. Mr. Odio: Well, it hasn't been a year since we passed it. Mr. Fernandez: I don't know. 89 October 25, 1990 0 Commissioner De Yurre: Next year. Commissioner Plummer: When is it up? Mayor Suarez: Well, ascertain when a year is up and make sure that we, in advance of that, can... Commissioner Plummer: Because I'd like to go out and start lobbying some for these guys to take some of these positions that I've got. No, hey, don't laugh. Mayor Suarez: There is nothing in here about taking him back. If we want to keep reappointing you. Commissioner De Yurre: It's just a review. Mayor Suarez: Majority rules. We close off debate and we... Commissioner De Yurre: ... it's not a reshuffling. Mayor Suarez: OK, seriously, advise the Commissioner when that year is up, so that we'd be sure to... Commissioner Plummer: Would you let me know when that year is up and we are going to reshuffle? Commissioner De Yurre: It's right after November of 191. Mr. Odio: I will let you know next week. Commissioner Plummer: No, it's this year. Commissioner De Yurre: No. Commissioner Plummer: Yes. Commissioner De Yurre: Not this year. Commissioner Plummer: Yes, oh no, it's this year. It sure as hell is. Mayor Suarez: OK, whenever that twelve month period runs, please advise him. Commissioner Plummer: It seems like to me, it is in November of this year, that's why I'm asking. Commissioner De Yurre: No. Mr. Odio: I will let you know next week. Mayor Suarez: OK. Whenever you are able to ascertain that, please advise him. Commissioner Plummer: Because I don't know what the hell I'm going to do with the Sports Authority. Mayor Suarez: OK, appointing certain individuals to serve on the Miami... Commissioner De Yurre: We'll work that out. Vice Mayor Dawkins: We are going to abolish it, aren't we? Commissioner Plummer: Aren't we? Commissioner Alonso: Is that a motion? Vice Mayor Dawkins: OK. Commissioner De Yurre: It all depends on what tickets you want for what events you know, that's what the bottom line to everything is, it's tickets. Commissioner Plummer: Victor, you will learn to love Bayfront Park. 90 October 25, 1990 0 Mr. Fernandez: Mr. Mayor. Mayor Suarez: Yes. Mr. Fernandez: Point of clarification. Item number 13, which was the resolution giving one more year to everybody, that passed. Did you take a separate motion on 14? - where you named two additional members. Ms. Hirai: They did it backwards. Didn't you just tell me? Commissioner Plummer: We haven't even discussed 14. Mr. Odio: They passed it altogether. Commissioner Alonso: They just... Vice Mayor Dawkins: Move it. Ms. Hirai: Yes, it was done backwards. We voted first on 14 and now, this is 13. Mr. Fernandez: All right, OK. Mayor Suarez: OK. All right, so item 14, is behind us. Item 15. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-833 A RESOLUTION EXTENDING THE TERMS OF OFFICE FOR ALL PRESENT MEMBERS OF THE CITY-WIDE COMMUNITY DEVELOPMENT ADVISORY BOARD TO SEPTEMBER 1, 1991 OR UNTIL SUCH TIME THEREAFTER AS SUCCESSOR MEMBERS ARE APPOINTED BY THE CITY COMMISSION. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 21. DISCUSS AND TEMPORARILY TABLE APPOINTMENT OF INDIVIDUALS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE (See label 23). Mayor Suarez: Item 15. Miami Street... Mr. Odio: The members are Commissioner De Yurre and two members, category 'B' by Commissioner Dawkins and Alonso. Mayor Suarez: OK. If you have those now, I'll entertain a motion on those. Commissioner Plummer: Wait a minute, this is the street, this is the ones of the... Mr. Odio: This is the Codesignation review. This is to name the streets in the Latin Quarter. 91 October 25, 1990 LA LA Mayor Suarez: We don't have anybody beating down our doors to serve on this committee. Commissioner Alonso: We have enough. Commissioner Plummer: This is the way to get even with your enemies. Commissioner Alonso: And what was the name? Mayor Suarez: I nominate Howard Kleinberg from the Miami Herald who seems to have this thing about street designation. He would probably make a good member. Mr. Prieto: He has one, yes. He has one and Plummer has one. Commissioner Plummer: I got one? Mr. Prieto: Yes. Yours is Carolyn Cope. Mayor Suarez: Peggy, does Howard live in the City, Peggy? Commissioner Plummer: Who? Mr. Prieto: Carolyn Cope. Commissioner Plummer: Oh, yes. Mr. Prieto: Yes. And the Mayor is Mr. Juan Serralles. Commissioner Alonso: For that board? Mayor Suarez: Yes, I'll reappoint Juan, poor fellow, he'll. keep... Mr. Prieto: All right, and... Commissioner Plummer: Can I nominate Dave Lawrence? I mean, he wants one Herald what? - Mr. Mayor, I'm glad that this came up. ------------------------------------------------------------------------------ 22. DIRECT ADMINISTRATION TO INFORM LATIN STARS TO IMMEDIATELY CEASE PLACEMENT OF STARS IN THE SIDEWALKS OF S.W. 8 STREET (CALLE OCHO) - STIPULATE THAT ALL PROPOSED HONOREES MUST FIRST HAVE CITY COMMISSION APPROVAL, AND REQUISITE OFFICIAL PERMITS, PRIOR TO INSTALLATION OF STARS. Mr. Prieto: Yes, sir. Commissioner Plummer: Sir, to your knowledge, how many of the Cuban stars sidewalks have been laid down? Commissioner Alonso: A lot. Mr. Prieto: I have no exact figure right now. Commissioner Plummer: You, in Public Works don't know? Mr. Prieto: I personally don't. I am sure my personnel does. Mayor Suarez: Please dig up the information. Mr. Prieto: Yes, I will. Mr. Odio: In order to give a star, they have to come here to get an approval. Commissioner Alonso: From now on. Commissioner Plummer: Now on TV the other night, I saw one. 92 October 25, 1990 Mr. Odlo: No. Wait. Commissioner Plummer: It was a lady. Mr. Odio: I remembered that in order to get a star in that sidewalk... Commissioner Alonso: The ones that were approved before, they are placing them now and according to Commissioner Plummer's motion, they have to come to us for approval, but I think that the ones that they had agreed to place, they've been doing it. Commissioner Plummer: There is only one that I remember at this Commission which has been approved, and that was Celia Cruz. I don't remember that one being approved. It might have and the record will so reflect. I have seen on television the other night, one that was placed... the lady was blonde... Mr. Odio: They are not Cuban... Commissioner Plummer: I didn't ask that, don't come in to that scenario. I am asking and I would like to know before you leave here... and it bothers me to no end, if they are tearing up sidewalks to do this and you don't know about it. Commissioner Alonso: Well they certainly have to know, they get the permit for that. Mr. Prieto: I'll get the information. That's right, they have to get a permit from us. Commissioner Alonso: They get a permit from the City of Miami... Commissioner Plummer: I am told that there has been three or four of them, done. Mr. Odio: I know of one. Mayor Suarez: That's shameful. Commissioner Alonso: Believe me Commissioner, there are lots of them. Mr. Prieto: I'll get back to you. Unidentified Speaker: There are more. Commissioner Plummer: What? Unidentified Speaker: There is a lot more there... Commissioner Plummer: And my God, there has not been other than one that I know of, approved by this Commission. Mr. Prieto: Yes, sir. Commissioner Alonso: Recently, there has been... Commissioner Plummer: No, I think they need to be removed right away. Mr. Prieto: OK. Commissioner De Yurre: Let me ask, where does the funding, where do they get the funding for this? - to put these stars. Commissioner Plummer: I would get into that later. OK? Commissioner Alonso: It's not from the City. Commissioner De Yurre: No, I know that. But how do they, I mean, do they sell it? Mayor Suarez: That's a good point to clarify though. Commissioner Plummer: Don't touch it right now. 93 October 25, 1990 0 Commissioner Alonso: Please, Commissioner De Yurre: Can't touch that, eh? Commissioner Alonso: That's a very... Mayor Suarez: If anybody has any proof that anybody is selling space in our sidewalks to be recognized as Latin Stars or any other kind of star, I sure hope they will come forward. Mr. Odio: No, let me... Mayor. Suarez: Dr. Prieto do you have any such evidence, sir? You always eager to give us information. Mr. Prieto: No, sir. Mr. Odio: When I was reviewing the agenda... Mayor Suarez: He knows nothing. Mr. Odio: ... I saw an item on the Latin Star names they wanted to put a stars on, I withdrew the item because we didn't have enough room on the agenda. Commissioner Plummer: Sir, If I... Mr. Odio: It has not come in front of you, so they cannot instal them. Commissioner Plummer: Mr. Odio, if I am wrong, I stand corrected. Vice Mayor Dawkins: No, I think you're right. Commissioner Plummer: I saw on television the dedication of a woman, I don't remember her name, on SW 8th Street, and I tried to the best of my knowledge to remember when we approved it, and I have checked the record, and we did not. Mr. Odio: I'm getting the item right now, because we do... we have a pending item, and they not have installed any stars until they were approved by you. Commissioner Alonso: He is referring to Veronica Castro. Commissioner Plummer: I'm telling you that information given to me, right or wrong, and I want it on the record, is that there have been more than three of them done other than the one that was approved by this Commission. Mr. Prieto: Yes, we'll have it removed. Commissioner Plummer: OK? Mr. Prieto: Yes, sir. Commissioner Plummer: Now, the resolution I've got in my office if you need it, if it is not clear to you, clearly states, as approved by this Commission. Commissioner Alonso: May I get a copy of that since I have never seen the... Commissioner Plummer: Oh, I hope you will get... of the resolution? Commissioner Alonso: I have seen the resolution, but do you have the list of the ones that... Commissioner Plummer: He is saying, he don't even know about it. Mayor Suarez: Let's clarify Latin Stars that have been placed there. Get that information. Mr. Prieto: Well, I'll get the information for you. 94 October 25, 1990 e Commissioner Alonso: I have spoken to the gentleman, and I believe, maybe I'm wrong, but he has given me the impression that he will have to come, and that's why he requested an appearance in front of the Commission, because he thought the ones before was... he was not requested to a have permission for those that were approved before. But for the future... is that the list of the names? Mayor Suarez: Please, let's get that information. Mr. Prieto: I'll do that right now, as soon as I can get some members for the Committee. Commissioner Alonso: Mr. Manager, is that the list with the names of the?... Commissioner Plummer: We don't have this many sidewalks. No, look at the list. Commissioner Alonso: Let me take a look? Commissioner Plummer: Look at the list. They've got one scheduled for September 16, Agustin Lara, Jose Canseco, Rico Jurado, Charytin, Raul Velasco, Betty Pino, La Tremenda Corte, Veronica Castro, Delia Fiallo, Kiwanis of Little Havana, Miller Dawkins of nowhere, Maria Felix, Willy Chirino, Juan Gabriel, Manuel Alejandro, Armando Manzanero, Jose Jose, Osvaldo Farie, Lola Flores, Lola Beltran, Tito Puente, Rafael Hernandez, Jose Feliciano... Mayor Suarez: The record of the City of Miami proceedings... Commissioner Plummer: ... I mean, it goes on and on and on. Mayor Suarez: ... is being polluted by your pronunciation. Commissioner De Yurre: This guy, they just put there. Commissioner Alonso: Some of them, they already... Commissioner Plummer: Agustin Lara, you were there for that one? When did we approve that, Mr. Manager? Mr. Prieto: None of these have not been approved. These are requests. Commissioner Plummer: Well, what happens? - I thought we set policy around here. Mr. Odio: You did. And if they did without permission, they should not have. Mr. Prieto: They should not. Commissioner Plummer: Are you telling me they did it without even getting a permit? Mr. Prieto: No, I don't think they should have done anything. Mr. Odio: Let me find the resolution. Commissioner Alonso: Well, they always had a policeman... Commissioner Plummer: I've got the resolution, it's in my office. Commissioner Alonso: ... and they tell me, I have asked, and I say, do you always get a permit? - and they told me, yes, everytime they have obtained a permit, so... Commissioner Plummer: Bring me that resolution. There is no question. Mr. Prieto: Right, I agree. Commissioner Plummer: OK? Now, I think if this is in fact the case we are faced with, an organization who were not abiding by the rules, I mean, would it be in order Mr. Mayor, that if in fact they are not in compliance, they have breached anything that this City Commission, that we prohibited them from... 95 October 25, 1990 V r Mayor Suarez: Cease and desist, yes cease and desist automatically from doing any of this and have a further review by this Commission in case we want to totally take away this faculty from them. Commissioner Plummer: I so move. Commissioner Alonso: And it will be very embarrassing. Commissioner Plummer: I so move, Mr. Mayor. Mayor Suarez: So moved. Commissioner Plummer: I mean, according to this, they have even got one scheduled for... there is a resolution, show it to the Manager. They have already done three without the Commission approval. Commissioner Alonso: That's right, and you know, this is... excuse me Mr. Mayor, this is a little bit embarrassing. Remember that they have done public presentations, they brought people, honored them, and it's going to really be very embarrassing for the people if they have to remove the stars. I don't know how the City of Miami is going to look with that, so it's going to be really a very sad... Mayor Suarez: Well, we are not removing any at this point. Commissioner Plummer: Well, no. I think that I agree with the Mayor, that the motion would be in order to cease and desist at this time... Mr. Odio: The resolution... Commissioner Plummer: ... and that nothing further... Commissioner Alonso: It's done. Mr. Odio: The resolution is very clear. Commissioner Plummer: It's simply clear, because I put it there. Mr. Prieto: Right. Mr. Odio: It says clearly that all of the nominees to be approved by the City Commission prior to the issuance of permits by the City. So if we have issued any permits, we are wrong. Mr. Prieto: I'll find out for you, exactly. Commissioner Alonso: What is the date? Commissioner Plummer: Well, not only that, if we didn't issue the permits, we are wrong, but if they didn't bring them here for approval, they are wrong in two instances. Mr. Prieto: Yes. Mr. Odio: Well, but we should not have issued the permits, and if we did that we are wrong, and what I would like to do then, instead of making them tear them up, let's see what names they put in and you approve the names, and if don't, then we will do something else. Commissioner Plummer: Well I'll make at motion at this time, that this organization whatever the name of it is, cease and desist... Mr. Prieto: Latin Stars, yes. Commissioner Plummer: ... Latin Stars, and demonstrate to this Commission that they have, one, brought forth permits and two, that they have got Commission approval for same, of those that have already been placed. Mr. Prieto: Right, I'll have answers. Commissioner Plummer: I'll move that Mr. Mayor. 96 October 25, 1990 f Mayor Suarez: OK. So moved. Commissioner Alonso: I second. Mayor Suarez: Second. Any discussion? If not, please call the roll. Vice Mayor Dawkins: Under discussion. I agree with Commissioner Alonso. It would be very embarrassing... Commissioner Plummer: No, no, no. My motion doesn't say that. Vice Mayor Dawkins: ... to take them out, so I would like to amend the motion and say that those that are already there, they come back and get permission and grandfather them in. Commissioner Plummer: I would say that at this particular point if we are going to get any action, that we just tell them, cease and desist and come back, let's talk about it. I didn't say in any way in my motion to remove those that are there - we might. Mayor Suarez: If the motion is to cease and desist future such laying of stars or whatever the term is, inscriptions... Commissioner Plummer: Yes, well get us all a copy, please. Mayor Suarez: ... then it's understood that it does not mean taking any out. OK. So moved and seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-834 A MOTION OF THE CITY COMMISSION DIRECTING THE ADMINISTRATION TO NOTIFY REPRESENTATIVES OF LATIN STARTS TO IMMEDIATELY CEASE AND DESIST FROM FUTURE PLACEMENT OF STARS IN THE SIDEWALKS OF CALLE OCHO UNTIL SAID GROUP HAS RECEIVED PRIOR APPROVAL FROM THE CITY COMMISSION AND HAS OBTAINED ALL THE NECESSARY CITY PERMITS IN CONNECTION THEREWITH. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 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 CALL: Mayor Suarez: Did we take care of item 15? Commissioner Plummer: Now, may I just inquire. Mr. Manager, let me see that list again. Mr. Prieto: We are still 15. Commissioner Plummer: Does anybody know these three people? I mean... Mr. Odio: Canseco, I know. Commissioner Plummer: Canseco I know, of course. Mr. Odio: Lola Flores, we know. 97 October 25, 1990 Commissioner Plummer: But what about Rocio Jurado? Vice Mayor Dawkins: When they come to talk about cease and desist, we will find out who everybody is. Commissioner Alonso: Rocio Jurado, yes, we all know. Mr. Odio: Rocio Jurado, is a very.... Commissioner Plummer: And Agustin Lara? Commissioner Alonso: Yes, we do. Commissioner Plummer: Are they Cuban? Commissioner Alonso: No. Mr. Odio: No. Commissioner Plummer: Is any of them Cuban? Mr. Odio: Agustin Lara is Mexican, and Rocio Jurado is Spaniard. Mr. Fernandez: Canseco. Commissioner Alonso: Canseco. Mr. Odio: Canseco is Cuban. Commissioner Plummer: OK. So one out of the three is Cuban. Mr. Odio: Yes. Commissioner Plummer: OK, and just for further information... Commissioner Alonso: Willy Chirino... Mr. Odio: Chirino is Cuban. Commissioner Plummer: Well that's not been done yet. Commissioner Plummer: OK, just for further information, the one on, Celia Cruz was not in the boundaries of 12 to 17th Avenue, it was 23rd, 24th. Mr. Odio: I think you named a street after. What you did with Celia Cruz was, you named a street after. Commissioner Plummer: And they put... I saw the Mayor polishing the sidewalk on television. Commissioner Alonso: No, no, that was not a star. Mayor Suarez: That was a street though, that was not one of these Latin Stars. Mr. Odio: Celia Cruz, got a... Vice Mayor Dawkins: Since they have to come before us to cease and desist, I would recommend that we strongly discuss this then, and move on, please.. Mayor Suarez: Yes, it... Commissioner Plummer, otherwise we are not going to get through. Commissioner Plummer: So be it, sir. Vice Mayor Dawkins: Thank you. Mayor Suarez: By the way, on Canseco, I just want to say, we know he is Cuban, the question, will he still be playing for Oakland. That's another issue. All right, item 16. 98 October 25, 1990 ------------------------------------------------------------------------------ 23. (Continued Discussion) APPOINT INDIVIDUALS TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE (Renominated were: Christina de Olivera, Pablo Acosta and Robert Young) (See label 21). Mayor Suarez: All right, item 15. Mr. Prieto: I need nominations from Commissioner De Yurre, Vice Mayor... Mayor Suarez: We can tell how excited you are about this street codesignation committee, just from looking from you. Mr. Prieto: Yes. Commissioner De Yurre: I'll name Alma Sanchez. Mayor Suarez: Alma Sanchez. Mr. Prieto: To replace Christina de Olivera? Commissioner De Yurre: Is that all? - hold it. Mayor Suarez: OK, any other nominations? Mr. Prieto: Alma Sanchez, right. Commissioner De Yurre: Has she... how about Christina? - has she been attending the meetings? Mr. Prieto: Yes, she attended, and she helped form the interim committee. Commissioner De Yurre: OK. Well, let's leave her there then. Mr. Prieto: All right, sir. And Vice Mayor Dawkins, sir. You used to have Robert Young. Would you like to keep him and?... Vice Mayor Dawkins: Is he attending the meeting? Mr. Prieto: Yes, sir. He was very active, too. Vice Mayor Dawkins: OK, great. Mr. Prieto: And Commissioner Alonso, you had nominated I believe, it... Dr. Pablo Acosta. Commissioner Alonso: Yes, he wants to continue? Mr. Prieto: Yes. Commissioner Alonso: OK, yes. Mr. Prieto: Great. That's all I need. Thank you. Commissioner Alonso: All right. Mayor Suarez: All right, as to all of those, I'll entertain a motion. Commissioner De Yurre: Move. Mayor Suarez: Somebody second, thank you. Commissioner Alonso: Yes. Mayor Suarez: Call the roll. 99 October 25, 1990 t e The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-835 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 24. APPOINT INDIVIDUAL TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA (Appointed was Esther Sabrino). Mayor Suarez: Item 16. PIC who do we have to appoint, Frank? Mr. Fernandez: J.L. Mr. Odio: Should be Commissioner Plummer. Mr. Castaneda: Right. Commissioner Plummer: I nominate Esther Sabrino. Vice Mayor Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-836 A RESOLUTION APPOINTING A MEMBER TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR A TERM OF OFFICE TO EXPIRE JUNE 30, 1992. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: 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. 100 October 25, 1990 V r 25. APPOINT INDIVIDUALS TO THE INTERNATIONAL TRADE BOARD (Appointed were: Dorothy Baker - regular member, and Eursla Wells - alternate). Mayor Suarez: Item 17, ITB. Mr. Odio: One regular member, and one alternate by Commissioner Dawkins. Mayor Suarez: On the ITB. Mr. Odio: ITB. Mayor Suarez: International Trade Board, one regular, one... Commissioner Plummer: Who is on 17, who has got members? Mr. Odio: Commissioner Dawkins has one regular and one alternate. Commissioner Plummer: You devil, don't you do to your wee, what I think you're going to do. Vice Mayor Dawkins: Regular, Annie Marie Adker. Alternate, let me check to see who will serve and get back. Mayor Suarez: All right, as to those, we will reserve the spots for Commissioner, Vice Mayor Dawkins. Vice Mayor Dawkins: Well, I will appoint Dorothy Baker as the alternate, please, of the Miami Dade Chamber. Mayor Suarez: Dorothy Baker. OK, Executive Director, Miami Dade Chamber. Commissioner Plummer: From the foreign country of Overtown. Mayor Suarez: So moved. Vice Mayor Dawkins: No, I'll put her on as the regular appointment and... Mayor Suarez: Yes, please. That will be helpful. Mayor Suarez: So moved. Vice Mayor Dawkins: ... put Eursla Wells as the alternate. Mayor Suarez: And Ursula Wells as the alternate. So moved and second. Do we have a second? Commissioner De Yurre: Second. Mayor Suarez: Thank you, call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-837 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS AND AS AN ALTERNATE MEMBER ON THE INTERNATIONAL TRADE BOARD FOR TERMS OF OFFICE TO EXPIRE JUNE 30, 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: 101 October 25, 1990 r 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. 26. CONFIRM SELECTION OF INDIVIDUAL FOR APPOINTMENT TO THE AFFIRMATIVE ACTION ADVISORY BOARD (Appointed was: Sergeant Kevin McKinnon) Mayor Suarez: Item 18. Bargaining representative of the City as a member of City of Miami Affirmative Action Advisory Board. Who is their recommendation? Commissioner Plummer: Who is recommended? Vice Mayor Dawkins: Miami police moved their recommendation. Commissioner Plummer: Eighteen. Mr. Fernandez: Kevin McKinnon. Mr. Odio: McKinnon and Jesse Williams. Mayor Suarez: OK. Mr. Odio: No, because Jesse Williams is no longer able to serve, so it's Sergeant McKinnon. Mayor Suarez: OK, as to the sergeant, it's been moved. Any... Do we have a second? Commissioner Plummer: Second. Mayor Suarez: Thank you. Call the roll. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 90-838 A RESOLUTION CONFIRMING THE SELECTION OF AN INDIVIDUAL BY CERTIFIED BARGAINING REPRESENTATIVES OF CITY EMPLOYEES TO SERVE AS A MEMBER OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR A TERM EXPIRING JULY 11, 1992, AND RECOGNIZING SAID INDIVIDUAL AS A BOARD MEMBER. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 102 October 25, 1990 11 f 27. DISCUSS AND TEMPORARILY TABLE APPOINTMENT OF INDIVIDUALS TO THE AFFIRMATIVE ACTION ADVISORY BOARD (See label 31). Mayor Suarez: Nineteen, individuals by others. Mr. Odio: There are two nominations that should be made by Mayor Suarez, and one by Alonso, since Manolo Minagorri I guess, Mickey Minagorri, and Humberto Amaro failed to meet the residency requirement, and Ralph Garcia -Toledo, Jr. declined the nomination. So the Mayor has two and Commissioner Alonso has one. Commissioner Alonso: Can we come back to this item later today? Vice Mayor Dawkins: OK. Also, looking at this Mr. Manager. Mr. Odio: Yes, sir. Vice Mayor Dawkins: Mr. Kevin McKinnon is on the Affirmative Action Board and I think, we just nominated him to replace Jesse... Mr. Odio: Jesse Williams. Vice Mayor Dawkins: OK. Mayor Suarez: OK, table the item for the moment. 28. APPOINT INDIVIDUALS TO THE CITY COMMISSION YOUTH TASK FORCE (Appointed were: Honorable Phillip Davis, Ursula Ungaro-Benages, John Bennett, Major Jesse Williams, Judge William Gladstone, Mickey Minagorri, Barbara Wade, Sergeant Joseph Rimondi, Judge Petersen, Andrew Haig, Xavier Cortada and Dr. Jose Szapocznik; pending still are six appointments). ------------------------------------------------------------------------------ Mayor Suarez: Item 20. Mr. Odio: Each Commissioner should nominate two individuals. Commissioner Plummer: I would ask my two to be deferred until the next meeting. Commissioner Alonso: And I'll like to appoint Phillip Davis and Ursula Benages. Mayor Suarez: OK, so moved. Commissioner Plummer: There is anybody else, before we move it? Vice Mayor Dawkins: Are we nominating youth or we are nominating?... I mean, is this?... Mayor Suarez: The gang, this is the Gang Task Force. Vice Mayor Dawkins: ... Is this youth or is this people who can work with youth. I don't... I mean... Mayor Suarez: Yes, it's a youth gang task force, isn't it? - that we are... Commissioner Alonso: Yes, it is. Mayor Suarez: Right, youth gang. Commissioner Plummer: I think there is a maximum age of twenty... Mayor Suarez: And includes both. 103 October 25, 1990 r Commissioner Alonso: No, they sent us a list, that's why I appointed these two people, with suggestion... Commissioner Plummer: I think the maximum age is... eighteen, or nineteen. Mayor Suarez: The way they had been functioning, Commissioners, they had been functioning as a task force created by myself, and the idea was to bring all the Commissioners into it, and have you appoint the members. Vice Mayor Dawkins: So you put one youth and one adult? Mayor Suarez: Yes, you can have adults, you can have youths, you can have counselors... Mr. Fernandez: That's right, it doesn't matter. Mayor Suarez: ... people who are... Vice Mayor Dawkins: Young adults. .. can relate to. Mayor Suarez: Yes, exactly, that can relate to young people who... Commissioner Alonso: They asked me to appoint these people. Mayor Suarez: ... and they submitted a list with a bunch of names, so. Commissioner Alonso: Yes. Just started passing the list now. Mayor Suarez: OK. Let me see so I could go ahead and appoint a couple. I was hoping to wait to appoint mine when all the other ones were filled, so that we had caught as many of the ones that they're suggesting as possible. But I know that... do we need to name the honorary members? Mr. Odio: The way this is... the ASPIRA of Florida has to appoint, and also Positive Inc., and Tacolcy Economic Development, sir. Mayor Suarez: Yes, there is some sort of ex-officio members. In fact, they are not sort of, they are ex-officio members. Mr. Odio: Then each one of you appoints two. Mayor Suarez: OK. Mr. Odio: There is no... Mayor Suarez: All right, since you've not giving us very complete information here, let me just go ahead and put it on to the record. Does anybody here have any problem? - Commissioners? Vice Mayor Dawkins: Yes. Mayor Suarez: Does anybody have any problem with the following ex-officio members to be John Bennett from Belafony Tacolcy - these are the ones they are suggesting, Raul Martinez from ASPIRA of Florida, Sergeant Joseph Rimondi from our own gang unit in the police department, Barbara Wade former employer of the police department and social worker with them, and Major Jesse Williams, those are ex-officio. They also... yes, they are already working with the group so if we just want to give our seal of approval. OK. And then they are suggesting a certain number for actual appointed members, but I want to make sure that you understand and approve in a motion collectively, that honorary chair will be Judge William Gladstone, administrative judge of the juvenile division, and chair emeritus, the founder of all of this, Mickey Minagorri, just to be recognized in their letter head as the chair emeritus. Mr. Odio: Mr... Mayor Suarez: Yes, Mr. Manager. Mr. Odio: I like the idea but I think you have to change the resolution then, because the way I read the resolution, doesn't include any of those appointments. 104 October 25, 1990 r Mayor Suarez: We changed the resolution to reflect... Mr. Odio: When? Mayor Suarez: ... all these ex-officio members that want to work. Mr. Odio: Yes, OK. Mayor Suarez: There are people of organizations that want to work with them, and in the case of the administrative judge, clearly the administrative judge... Mr. Odio: That's what I'm saying, amend the resolution, because I... Mayor Suarez: Right. Now, as to the members that they are recommending in case you want to pick up on some of these, they have Isabel Basayo, School Psychologist, Dade County Public Schools Alternative Education, Glenn Brock, District Eleven, Program Manager, Department of HRS Children, Youth and Families, Joseph Burke, Coordinating Principal for Exceptional Student Education, Dade County Public Schools, Pablo Canton , City of Miami, Department of Building and Planning, Xavier Cortada, who was going to be one the two that I would appoint, Phillip Davis, which Commissioner Alonso is naming, Fernando Figueredo from Southern Bell, we saw him this morning, Andrew Haig, Chief of Gang Prosecutors, Organized Crime and Public Corruption, State Attorneys Office, Ivy Kearson, City of Miami, Department of Community Development, Janet MacAliley from the School Board, Thomas Petersen, who is a judge, Guy Sanchez from Florida Power and Light, Dr. Jose Szapocznik, Professor of Psychiatry, University of Miami, School of Medicine, and Honorable Ursula Ungaro-Benages - you appointed her already. Commissioner Alonso: I did. Mayor Suarez: These... this is a very high level set of appointees, I'd hope that... Commissioner Plummer: For some reason, these are not the kind of people that I though were the members of this youth organization. Mayor Suarez: They do seem to be a little higher level than the ones that I thought were going to be doing... Commissioner Plummer: No, I thought these were the kids themselves, is what I... I thought we even changed it to increase it to eighteen or nineteen years of age. Is it there, Mr. Manager? Mayor Suarez: No, we had a youth advisory board - not to be confused with this. Commissioner Alonso: Yes, that's a different board. Commissioner Plummer: That's a different board? Mayor Suarez: Yes. Commissioner Alonso: I was very surprised too, to the names that they ask... Mayor Suarez: Yes, they came up with... Commissioner Plummer: Well if you want my two, I'll take Petersen and Haig for sure, I know theirs both. Mayor Suarez: All right, that helps us. Commissioner Plummer: Judge Petersen. Mayor Suarez: And Andrew Haig. Commissioner Plummer: And Andrew Haig who is my neighbor, and also from the State Attorney's Office. Mayor Suarez: And I was going to... one of the moving forces behind all of this is Xavier Cortada, not to mention the fact that he has a great name. 105 October 25, 1990 r Commissioner Alonso: Yes. Mayor Suarez: I'm nominating him... Commissioner Plummer: Does he hit a star on 8th Street? Mayor Suarez: ... and see... Dr. Jose Szapocznik I think, will be very helpful too. Any other appointments? If not, I'll take those by motion at this point. Commissioner Plummer: Move it. Commissioner Alonso: Second. Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-839 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE CITY COMMISSION YOUTH TASK FORCE: HON. PHILLIP DAVIS (nominated by Commissioner Alonso) HON. URSULA UNGARO-BENAGES (nominated by Commissioner Alonso) JOHN BENNETT (nominated by Mayor Suarez as the Tacolcy representative) MAJOR JESSE WILLIAMS (nominated by Mayor Suarez as ex officio member) HON. WILLIAM GLADSTONE (nominated by Mayor Suarez as Honorary Chairman) MICKEY MINAGORRI (nominated by Mayor Suarez as Chair Emeritus) BARBARA WADE (nominated by Mayor Suarez as Positive Inc. representative) SERGEANT JOSEPH RIMONDI (nominated by Mayor Suarez as ex officio member from the Miami Police Gang Unit) HON. THOMAS PETERSEN (nominated by Commissioner Plummer) ANDREW HAIG (nominated by Commissioner Plummer) XAVIER CORTADA (nominated by Mayor Suarez) DR. JOSE SZAPOCZNIK (nominated by Mayor Suarez). 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. NOTE FOR THE RECORD: At this point, Agenda items 21 and 22 were withdrawn. 106 October 25, 1990 0 ------------------------------------------------------------------------------ 29. GRANT REQUEST FROM FLORIDA HOUSING COOPERATIVE, INC. - FOR CASH ADVANCE OF $10,000 TO COVER AN OUTSTANDING SECOND MORTGAGE PAYMENT IN CONNECTION WITH THE COOP BUILDING (626 S.W. 4 AVENUE), SECURING CITY A SECOND MORTGAGE POSITION. Mayor Suarez: Item 23. Mr. Odio: He's here. Mayor Suarez: Twenty-three. Carlos, you're on. Ms. Lisette Rodriguez: My name is Lisette Rodriguez, I represent Florida Housing Coop, I am the assistant program director, and we are here to ask that, from the three hundred thousand dollar ($300,000) grant that was given to this institution, ten thousand dollars ($10,000) be given as a mortgage to help pay off a balloon mortgage on one of the existing coop buildings. Mayor Suarez: What's the staff recommendation Herb, on the... why... you said as part of a three hundred thousand dollar ($300,000)? Ms. Rodriguez: We have a three hundred thousand dollar ($300,000) block grant that was approved by your Commission. Mayor Suarez: Community Development Block Grant? Ms. Rodriguez: Yes, and we wish that ten thousand dollars ($10,000) of that money be allocated to pay off an existing mortgage on one of the coop buildings that is currently past due. Mr. Bailey: Mr. Mayor, we are recommending that we assume... buy out that mortgage for the balance here, and you have the pay off figure in your hand, it's nine thousand and... Mayor Suarez: Seven fifty-seven seventy-three? Mr. Bailey: It's seven fifty-seven and seventy three. We will step into that position on a two year basis and give them chance to pay off the mortgage. They ran into a problem with surtax which caused this balloon not to be met at the appropriate time. And the reason we are recommending it, we also have another thirty thousand into the project. The value of the property today, is roughly about a hundred and forty thousand dollars ($140,000), it is completely occupied. We have a tax assessment on the tax roll of a hundred and twenty-six thousand. We think there is sufficient equity there, sufficient value to secure our ten thousand dollars ($10,000). If we don't do that, the second mortgage is probably going to go through a foreclosure. Commissioner De Yurre: Where is this property located? Ms. Rodriguez: The property is located at 626 S.W. 4th Avenue. Commissioner De Yurre: Six twenty-six? Ms. Rodriguez: Uh huh. Commissioner De Yurre: Is it an apartment building? Ms. Rodriguez: It's an apartment building owned on a coop level. Commissioner De Yurre: How many units are there? Ms. Rodriguez: There are four units. Commissioner De Yurre: Four. a Commissioner Plummer: What is the recommending of the administration? Mr. Bailey: We are recommending that we take the second mortgage for nine thousand seven fifty-seven seventy-three. 107 October 25, 1990 Commissioner Plummer: What are they requesting? Mr. Bailey: They are requesting the ten thousand dollars ($10,000) which is in round numbers. We are just requesting at this time to pay off the second mortgage. We already have a position in the property and we want to protect that position. Commissioner Plummer: What position do we have prior to the second mortgage? Mr. Bailey: We've put in thirty thousand dollars ($30,000) in the original acquisition, it came from our funds. Commissioner Plummer: Is the problem created that they can't get a second mortgage? Mr. Bailey: The problem was some default in terms of the surtax operation for which it was going to be the security for the second mortgage, or to pay off the second mortgage. Commissioner Plummer: And they were not approved, or there was not sufficient funds? Commissioner Alonso: They were approved, but... Mr. Bailey: They were... do you want to explain it?... Ms. Rodriguez: Well, we were approved but right after we were approved, there was an investigation by a grand jury. Someone had given anonymous tip that we were not using the funds correctly, so the funds were frozen until the time that our institution was cleared, and our institution has been cleared of any wrong doing... Commissioner Plummer: Then why weren't the funds cleared? Ms. Rodriguez: Well, we are currently... it's in the process of our funds being reestablished by that agency. Mr. Bailey: But in the meantime, the due date came through and we could not... Commissioner Plummer: OK, but let me understand. If we advance them the ten thousand now for the second mortgage, when they get these fends, are we going to get our ten thousand back? Mr. Bailey: We are going to get the money back plus interest. We gave them a two year period in which to pay it back. Commissioner Plummer: At what percentage? Mr. Bailey: Let's see, I have it right here. Oh, I think I might have left it upstairs. Commissioner Plummer: Seven percent? Mr. Bailey: It was somewhere like that. We do have it. It's on another memo. Commissioner Plummer: Are all four of the units occupied presently? Ms. Rodriguez: All four of the units are occupied presently. Mr. Bailey: Three percent... OK. Commissioner Plummer: And what rents are derived monthly from them? Ms. Rodriguez: Three hundred and eighty dollars ($380.00) per unit. Commissioner Plummer: Per unit? Ms. Rodriguez: Yes. 108 October 25, 1990 Commissioner Plummer: So then you've got roughly twelve... Commissioner De Yurre: Fifteen twenty. Commissioner Plummer: ... fifteen hundred dollars ($1,500) coming in? And what are your mortgage obligations total? - first and second? Ms. Rodriguez: OK. The second mortgage was a balloon mortgage and it was not paid on a monthly rate, and the first mortgage... one thousand thirty-eight dollars ($1,038) first mortgage. Commissioner De Yurre: That's PITI or PI only? Ms. Rodriguez: PITI. Commissioner De Yurre: Tax, insurance and everything? Ms. Rodriguez: Uh huh. Yes, tax and insurance. Commissioner De Yurre: OK. Commissioner Plummer: Well I guess really, the question that has to be asked is the financial picture as such, that with their total income, can they meet the obligations of the first and second mortgage on a monthly basis? Ms. Rodriguez: OK. Commissioner Plummer: I mean, that's really the whole bottom line, if they can afford it, that's, you know. Ms. Rodriguez: OK, yes. Mr. Bailey: Well we are looking at... the interest rate is three percent. Commissioner Plummer: Three percent? Mr. Bailey: That's consistent with what we give on mortgages for low income housing in neighborhoods there. Commissioner Plummer: OK, all right. That's not the point. The point is that they've got to pay it back in two years. Ms. Rodriguez: OK. The problem is, we don't plan to pay back that money from the rents that are received. We currently have been allocated a two hundred thousand dollar ($200,000) grant also from the State of Florida, which we are currently contracting with them as we are contracting or trying to establish something with the surtax board. Currently, we have budgeted to pay back the City of Miami from the two hundred thousand dollars ($200,000) from the State of Florida, which my last conversation with them, should... the final contract should be ready by the third week of November. Commissioner Plummer: OK. My final question is, the ten thousand which we would advance on the second mortgage, would they pay us back on a monthly basis, or at the end of the second year in one lump sum? Mr. Bailey: They will probably better have a balloon than a lump sum... Commissioner Plummer: OK. Mr. Bailey: ... so it wouldn't have any strain on cash flow with them. Commissioner Plummer: If in fact they default, where is the City protected? Mr.. Bailey: Well, we have the same right as the current mortgage holder. We don't normally foreclose, we try to make sure we maintain the building there, but we do have a second position which will be recorded. Commissioner Plummer: Who is the first position? Mr. Bailey: I do have that here. Do you have the name of the institution? 109 October 25, 1990 Commissioner Plummer: Who is in the first position on this mortgage? Who do you pay the mortgage to? Unidentified Speaker: I suppose it's American Mortgage Company. Commissioner Plummer: Who? Ms. Rodriguez: American Mortgage Company. Commissioner Plummer: American Mortgage is the holder of the first mortgage? Ms. Rodriguez: Yes, I believe so, yes. Commissioner Plummer: Mr. Bailey. Mr. Bailey: I don't have the Dade County record here, but we pulled what we could you know, just about an hour ago. Commissioner Plummer: OK, look, all I'm saying is, is the City protected? - that's what I'm asking. Mr. Bailey: We have a second... yes, we are protected in a second mortgage position, we do not have the first position. I think there is sufficient security there in the total value of the property to secure the balance if we had to go through a foreclosure. Commissioner Plummer: We gave them thirty thousand? - that was a grant? Mr. Bailey: That thirty thousand was a grant, yes. Commissioner Plummer: OK. Do you know what the first mortgage is? Mr. Bailey: It's ninety-three... ninety-two thousand... ninety-three thousand in round numbers. Commissioner Plummer: And ten is one-o-three? Mr. Bailey: One-o-three. Commissioner Plummer: So what you're saying is that in fact, that there is more assets there than one thirty-three? Mr. Bailey: The property is currently worth about a hundred and forty thousand dollars ($140,000). Commissioner Plummer: Thank you. Mayor Suarez: OK. Do we have a motion on the item? Commissioner Alonso: Yes, I move. Mayor Suarez: So moved. Do we have a second on the motion on the item? Commissioner Plummer: Yes, I'll second it. Mayor Suarez: Seconded. Any further discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 90-840 A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF FLORIDA HOUSING COOPERATIVE, INC. AND AUTHORIZING THE CITY MANAGER TO ADVANCE AN AMOUNT NOT TO EXCEED $10,000 TO SAID GROUP IN ORDER TO COVER A SECOND BALLOON PAYMENT PRESENTLY DUE AND PAYABLE ON THE COOP BUILDING ON 626 S.W. 4 AVENUE; SAID LOAN TO BE REPAID IN TWO YEARS AT 3% INTEREST; SAID TRANSACTION SECURING THE CITY A SECOND MORTGAGE POSITION CONCERNING SAID PROPERTY. 110 October 25, 1990 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 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. NOTE FOR THE RECORD: At this point, Agenda items 24 and 25 were withdrawn. ------------------------------------------------------------------------------ 30. (A) RECORD PROTEST FROM MR. ALBERT ELDRIDGE REGARDING PRESENT TALKS CONCERNING PLACEMENT OF BASEBALL STADIUM IN BICENTENNIAL PARK. (B) REQUEST ADMINISTRATION TO PROVIDE INFORMATION REGARDING CLOSING TIME FOR CITY PARKS. Mayor Suarez: Item 26. Future use of Bicentennial Park and the contiguous FEC property. Mr. Albert Eldridge: I'll make this brief. Mayor Suarez: I hope you have a good idea for us. Mr. Eldridge: My name is Albert Eldridge, and I live at 1740 NW North River Drive in Miami. Commissioner Plummer: Repeat that address, please. Mr. Eldridge: Seventeen forty NW North River Drive, off of the 17th Avenue bridge. Commissioner Plummer: Yes. That's your office? Mr. Eldridge: Office and home, yes. Commissioner Plummer: OK. Vice Mayor Dawkins: And you thought none of us lived over there, J.L.? Commissioner Plummer: No, no. Vice Mayor Dawkins: OK, I just wanted to know. No problem. Mr. Eldridge: It's really nice, actually. I consider myself glad to live in Miami, you know, I'm really proud to live here. I've been here for the past eight years, much of the time have been spent doing research, going back and forth to Europe and South America to see how cities work for a doctoral thesis. The other day I read where you all are considering putting a baseball stadium in the middle of Bicentennial Park, and to be quite honest, I was really outraged. It's... you know, you've done such a good job so far with the plan that the City Planning Department had, the master plan that they had drawn up, I think, was in 1987, Mr. Luft was a part of that. A really wonderful progression of events along the Bayside. Starting with Mr. Noguchi's Park, up through Bayside and feeding into the Bicentennial park area with the FEC property there of course. That's a flow, it's like a progression of wonderful events that are leading people, not only attracting people downtown but it's... what they are trying to do is build a wonderful park, and every great City has a wonderful park, and I think by placing the baseball stadium, and I love baseball, I think it might not be the most appropriate place to put it. 111 October 25, 1990 11 Mayor Suarez: What is the doctoral thesis on7 - what field? Mr. Eldridge: It's in environmental psychology, which is the... it's a science of how the environment affects human behavior. I got a Masters in City Planning and an Undergraduate in Landscape Architecture, and I am currently... Mayor Suarez: So you've got all the related fields? Mr. Eldridge: Yes. Mayor Suarez: I guess from the environmental psychology perspective, you probably wouldn't want to have a, certainly a soccer stadium there... Mr. Eldridge: No. Mayor Suarez: ... the way they've been acting up at soccer games recently throughout the world. And maybe, not a baseball stadium either, the way some people act in baseball stadiums, but anyhow. But you are thinking more along those lines, or along the lines of planning and land use of that area? Because so far, what is there... Mr. Eldridge: No one uses it. Mayor Suarez: Yes. Mr. Eldridge: It's a dangerous park. It's... there aren't Mayor Suarez: That's a... If you had a baseball stadium there and I'm not a strong advocate of it, but I do want to have a baseball stadium somewhere, and if we had a baseball stadium there, it might average couple of million people coming into that vicinity, spending money, using the facility, getting a view of the bay, the breeze, might add to the environmental psychology of this community a great deal. Mr. Eldridge: It would be great you know... Commissioner Plummer: Wouldn't that work just as well west of the boulevard, Mr. Mayor? That's been my point.. I think it would be a great area, for a baseball stadium to bring people into the area. I am totally opposed to building anything east of the boulevard. I think it should... I think, we should be about the discussion of cleaning that park up and making it a useful park, rather than talking about, in my estimation, how we're going to fill it up with bricks and mortar. Mayor Suarez: But wait, cleaning it up... Commissioner De Yurre: Did... you know, just for my own identification... Mayor Suarez: Yes, Commissioner De Yurre. Commissioner De Yurre: Did you vote for the Bayside project or not? Commissioner Plummer: Yes, sir. Commissioner De Yurre: OK. No, I just want to make sure I got my bearings straight. Commissioner Plummer: Yes, sir. A hundred and thirty-one million dollars, yes, sir. I voted for it. Because, remember, that on the projections, that Bayside would pay back to this City for the term of their contract, six hundred and seventy-six million dollars. Mayor Suarez: Don't, don't, don't... I was afraid you were going to say that. Commissioner Plummer: I'm waiting for the first dollar. Mayor Suarez: No, they pay roughly three hundred and seventy-five thousand dollars ($375,000) the first few years, the minimum base rental, and it will go up eventually to a million, and never in present in value, produce any where near that figure. But anyhow, they did have very, very enthusiastic 112 October 25, 1990 qr projections and optimistic projections which, if you realize them and added them all up, they add up to about six hundred million dollars ($600,000,000) over the next seventy-five years. But what other things from the land use planning or architectural or promotional perspective would you suggest to try to do something with Bicentennial and the FEC property? - particularly the FEC property. You know how much it cost us, right? Mr. Eldridge: No. I didn't know that you purchased it. Mayor Suarez: Twenty-three million dollars. Mr. Eldridge: Pardon me? Mayor Suarez: Twenty-three million dollars and right now, it's... Commissioner Plummer: Just the FEC portion. Mayor Suarez: Just the FEC. Bicentennial, God knows how much and then the... Commissioner Plummer: No, Bicentennial was ours. Mayor Suarez: ... was ours, and then the development of it, whatever you call it, the landscaping of I think, was another seven million if I remember correctly, so you are talking thirty million between those two properties. Mr. Eldridge: You know, I... Mayor Suarez: Nothing particularly is happening. We have... when the Commissioner says that we've got to clean up Bicentennial and FEC, Bicentennial is fairly clean, the problem is that the activities going on there involve to a great extent, homeless and not to a great extent, people who are, you know, people like yourself... Mr. Eldridge: Exactly. Mayor Suarez: ... and all of us, and we have yet to come up with good attractions to get them into that park because they do have to cross the boulevard. Now, Bayside attracts fourteen million people a year, they cross the boulevard to go to Bayside. It was built at a cost of ninety-three million dollars ($93,000,000) plus Bayfront park and some of the other thing the Commissioner probably added to come up with a hundred and thirty. Mr. Eldridge: But what you... Mayor Suarez: But we don't have that kind of attraction in mind, in fact, we don't have... Jack Luft did a very nice design of these little pavilions, but they are not beating down our doors right now to build them, that I am aware of, and if they are, they certainly haven't come to my door, but if you have some ideas of some things that you think would make sense there, that would be low intensity, I mean, we agreed that we'd like to keep parks to the extent possible as basically, trees and grass and open areas, you know. Mr. Eldridge: Exactly. You know I think that a baseball stadium, and again, I don't know anything about the area but there is a large lot, I think it's southwest of the design district, which is a really wonderful access off of 112... Mayor Suarez: Yes, that's the Buena Vista site now. If you have a little time to come by my office, certainly the other Commissioners I'm sure are aware of it, we have pending an offer by the owners of that fifty-five acre parcel for the footprint of a baseball stadium. Mr. Eldridge: Perfect area. Mayor Suarez: Ten acres. Actually seven, but they said probably they would go to ten acres. Then you need another twenty acres for parking, then you need to connect it by some sort of Metromover, Metrorail. The beauty of Bicentennial of course, is that we are going to have that Metromover stationed right close to it. So, that is a perfect area but the lands aren't owned by us, and the consultants tell us, that to do the land preparation is, I believe, about fifty million dollars. 113 October 25, 1990 L_I 11 Mr. Eldridge: Yes. Mayor Suarez: Unless the owners and the FEC folks give us the land on an essentially for free basis, because they want the development around their property, in and about their property. So that's a pretty exciting possibility too, that's still pending, that may happen. Mr. Eldridge: You know, the thing is that this is a prime piece of property and what other cities like London, Paris, New York to a large degree, what they are trying to reverse what they have done in the past, and you all are faced with the situation where you can provide relief without going into the problem of overdeveloping an area, you know, with the baseball stadium, you are going to generate a lot of money but again, you know with a public park like that, that I believe was designated as a public park, I think that you could probably attract other things like... I could see a wonderful botanical garden downtown, similar to Fairchild garden. We have thousand of plants here that won't grow anyplace else in the rest of the country. You could have a wonderful museum, a modern art museum in, within the park that again... see, when you are your park, you think of probably an active... Mayor Suarez: OK. How big a footprint do you consider a modern art museum would have in comparison to a baseball stadium? Mr. Eldridge: Off hand, I can't. Mayor Suarez: Because depending on you know, the bulk of the artwork that you are talking about and so on, you could end up using with parking and with the structure, not a heck of a lot less than a stadium. And it involves, the stadium involves in a rank and file, City of Miami residents. And a museum, we have a nice museum downtown, it's not visited as much as it should, and as much as some of us would like to see it visited, it wasn't designed by a local architect, in fact, it was designed by world renown architect who really blew it as far as I am concerned, and... Mr. Eldridge: I think it's a wonderful building. Mayor Suarez: ... not the first time that happened in Miami. You like that? - with the plaza away from the street level? Mr. Eldridge: I think it's great. The only problem is that the pedestrian area... Mayor Suarez: You probably are going to be a world renowned architect someday too and... Mr. Eldridge: ... he did... who was it, Phillip Johnson? - I think. Mayor Suarez: Yes. Mr. Eldridge: See, he took the activity off the street just like the Omni. Mayor Suarez: Yes, the took the activity off the street all right. Mr. Eldridge: And that sort of separates it from everything. Mayor Suarez: Yes. Mr. Eldridge: The thing with Bicentennial... Mayor Suarez: Totally separated from everything, you've hit it. Mr. Eldridge: Yes, and it's an effort to park and then to have to walk up there. Mayor Suarez: That's right. Mr. Eldridge: It's a wonderful... Mayor Suarez: You've given all three reasons why it doesn't work. Mr. Eldridge: Yes, but still, it will age well and it looks great. You could always fall back on that. 114 October 25, 1990 Mayor Suarez: That's like Metrorail, Metromover you know. It was probably fifteen years ahead of time but someday, we will be happy we have it, I guess. Meantime, we have one -sixth of the ridership itsing it. - after we have paid a billion and a half dollars for it. Mr. Eldridge: Let me quickly say that... Mayor Suarez: Yes. Mr. Eldridge: ... Mr. Noguchi's park, which I think is wonderful, is probably more so work of art. I don't know of anyone who goes there and feels comfortable. Mayor Suarez: Could you tell... Mr. Eldridge: As far as sitting, it's too doggone hot... Mayor Suarez: It is a work of art. Could you tell, if you believe that, could you tell that to Connie Chung? - what channel is that? Commissioner Plummer: Ten. Mayor Suarez: Channel 10, she is doing a big thing on how Bayfront was totally misdesigned and mis... you know, if you like it, that's one important member of the community who likes what was done there. Mr. Eldridge: I can appreciate it, not necessarily... Mayor Suarez: The rest of us like it, we just think thirty million is a little bit too much to pay for it. Mr. Eldridge: It's a whole lot of money to pay for the park but... Mayor Suarez: Do you like the fountain too? - tell me you like the fountain. I didn't think so. Mr. Eldridge: You know, I'm just... Mayor Suarez: We are still looking for somebody. Mr. Eldridge: What's in the back of my mind is that every great City in the world that I've been to and I've gone to almost thirty countries, they all have a wonderful park, a wonderful central downtown park and I think that in this last portion, this last parcel of property that we have downtown, we could use Bicentennial... redesign... Commissioner Plummer: You are bad. If they take out the fountain, where the hell are the homeless going to take a bath? Mayor Suarez: OK, one last thought. Mr. Eldridge: Yes. Mayor Suarez: As you compare Miami to Boston, New York and all these other cities where you say they have this one beautiful central park, does it occur to you and to other planners and architects that part of the reason is that Miami, which has about one hundred and six parks by the way, most of them very active, including David Kennedy park, which is probably one of the world's most active parks, Miami is surrounded by two natural parks. One is the Everglades which is, I don't know how many acres now, and thank God, we are finally figuring out how to preserve it, and the other one is Biscayne Bay. Mr. Eldridge: Uh huh. Mayor Suarez: And we have kind of the opposite situation. And other places like in Boston, you know, you are desperate to find a green area, I mean, the same with New York. And here, if you stand in a building on US-1 and 27th Avenue, where I used to have my office and look down from the 7th floor towards Coconut Grove, towards a residential area, fairly developed actually. All you see is trees from that particular height. It's a pretty different kind of an environment from some of those other cities which you know, a park 115 October 25, 1990 V in the middle of the city is like the only place people have to go to. They have a lot of places to go to here. I am just suggesting to you that planning wise, it's a little different. You know, the question would be for example, should we have a golf course in the City of Miami? - right smack in the City which I understand is not a particularly good idea from a planning standpoint, but your main point is not to build a stadium on Bicentennial. What about the FEC track, you have any ideas on it? Mr. Eldridge: I think... I have a lot of ideas about that site, I think that we could use a theme like Little... Old Havana, not to be confused with Little Havana. Commissioner Plummer: What? Mr. Eldridge: Since we have this wonderful Latin culture here, let's use it, and I think that whole site could revolve around that cultural theme. That would not only attract tourist, but it would also... see what you are talking about... Mayor Suarez: But that's what in his design, you know that? That's what's in Jack's design, that is precisely... Mr. Eldridge: I've read your proposal. All I'm saying is that... Mayor Suarez: But we're not sure we can bring it to reality, that's what worries me, and maybe, you've got some ideas that can help us to bring that RFP to a reality, so somebody will actually bid on it. Mr. Eldridge: I do have a few ways but I am not prepared to reveal them right now. But one last thing I think that, the problem is attracting people who live here, downtown and not necessarily tourist, because tourist will go downtown and they will look at Bayside and they love that, and it's great, but I think our problem is that we are not attracting the residents of Miami downtown, and that's what we need to be focused on. Commissioner Plummer: Have you ever gone to Bicentennial after dark? Mr. Eldridge: No, I have not. Commissioner Plummer: Go. Mr. Eldridge: No. I don't think it's a safe park. I don't even... I don't feel comfortable there. Commissioner Plummer: No, it's safe. It's safe. But just go look at it. Mr. Eldridge: It's dead. Commissioner Plummer: The next time after we take our walk through downtown, we're going to go through Bicentennial. l Mr. Eldridge: You know, and you can also use the grand prix track to your � advantage, and g, just as you have in our proposal to use it as a promenade, you j y y P P P , know, winding its way through the park, you could... i —� Mayor Suarez: Yes, that is a Jack Luft special. i Mr. Eldridge: Yes, I mean since you have it, you may as well use it. Mayor Suarez: Trying to make that track into a nice promenade kind of winding its way through what would otherwise be a park, that's between Jack Luft and God. i Mr. Eldridge: Yes. It's there, so you have to... Mayor Suarez: But you know, we have a contractual agreement to keep it there for sometime and God knows, maybe there is something else we can do. Mr. Eldridge: I think it's until 1998 but still, I just wanted to again, caution you about you know, approving something that might have a negative € impact on the City later. You know, you all are, in my opinion, making is r history. You are the people who you know, they've given us books to read 116 October 25, 1990 0 W about you know, things that you have done, and one last thing is that I think you have a lot of untapped talent in this City, a lot of fantastic architects and landscape architects who are just waiting to be heard, and I think if you had perhaps some kind of... Mayor Suarez: Competed design, design competition. Mr. Eldridge: ... a local design competition to utilize this, you could save a few million dollars from Mr. Noguchi or... Mayor Suarez: That's exactly the way I wished a lot of it had been done. Commissioner Plummer: Oh, I agree. Mayor Suarez: And also when you do that you know, as I was explaining to channel 10 the other day, you don't get stuck with the situation that the architect then controls the work that you do, so that if you change your mind, or it's modified by later Commissions or by later input from the public, that you know, as has happened to us on Bayfront Park, the architect retained the right, believe it or not, our architect retained a right to tell us yes, or no, you cannot modify, we cannot modify what we put on there, which as much as we appreciate architects, planners, and environmental psychologist... Mr. Eldridge: Certainly. Mayor Suarez: ... or is it psychological environmentalist? Mr. Eldridge: Environmental psychologist. Mayor Suarez: ... Environmental psychologist. You know, we must on behalf of the public sector be able to control what ultimately goes in the place, and we didn't retain that right in the case of Bayfront Park. But your ideas are noted and I personally, and I asked Jack to set that up, I personally would like to meet with you and give you some other concepts that we have had for that area. Right now, we are not getting too much interest in... Mr. Jack Luft: We haven't really asked yet. Mayor Suarez: We haven't really gone out with an RFP. How close are we to go out with an RFP? Mr. Luft: As close as you want to be. I just was given the bond counsel opinion moments ago, we will have to study it and meet with them, but I would say we can seriously pursue this issue if it's the will of this Commission before the end of this year. 's Mayor Suarez: Yes, and Jack also, maybe connect the gentleman with the nice fellow from Greater Miami Commission and Visitors Bureau who wants to have theme gardens in Watson Island and all around the... The botanical garden idea, the promise who would finance it you know, and who would maintain it, i j but for the FEC track, is so attractive, I mean, you know, it just sounds 1 really exciting. I don't know how much it would take to put... Mr. Eldridge: You know again, I am not one of those people who, I'm not unrealistic that's what I'm saying. I know the City has to generate money but I'm saying that you can incorporate beauty and development together, and make a profit and have something that everyone can go away and appreciate, and enjoy, and be proud of. Mayor Suarez: Absolutely. Mr. Eldridge: You know instead of you know, a park that looks good... Mayor Suarez: When people tell us about theme parks, we worry, because in the old days there was an idea running around of a theme park. Mr. Eldridge: Exactly. Mayor Suarez: When they tell us about gardens and you know, cultural attractions and low intensity uses that we kind of, are more excited. Now, in !! the case of baseball stadium, I have to say that also gets us pretty excited because of the sheer use that the area would receive, and the income that we 117 October 25, 1990 0 a would get from it. Just the... I forget how much it is that it's supposed to throw off in sales tax and in economic impact on the area, but a baseball stadium anywhere around that area on the west side as J.L. would like to see, or on the east side of the boulevard... Commissioner Alonso: It will boost the area. Mayor Suarez: ... yes, it changes the entire area. Mr. Eldridge: Yes. I am just saying for this prime piece of property, I would as a citizen of Miami, I would like to see something there that everyone can enjoy you know... Mayor Suarez: OK, very good. Mr. Eldridge: ... as opposed to something that only a few people... Commissioner Plummer: Let me ask a question. Mr. Manager, all City parks close at sundown, correct? How come we don't enforce it? Commissioner Alonso: Not really, no. Vice Mayor Dawkins: Ten o'clock. Most of them stay open until ten. Mr. Odio: Ten o'clock at night. Mayor Suarez: And I for one would vote against closing City parks all at sundown. Commissioner Plummer: Is there... Mayor Suarez: We have crisis now, we have the encephalitis. Commissioner Plummer: Let me ask a question. What is the policy on City parks presently being closed? Mr. Odio: There are some... there are parks that close at ten o'clock at night. Commissioner Plummer: OK. But I mean, is there any park that is City ordinance open... Mr. Odio: Some are later because they are playing games. Commissioner Plummer: Is there any City park that is open after ten o'clock at night? Mr. Odio: No. Mayor Suarez: Or after 10:00 p.m. Commissioner Plummer: Then why is not the Bicentennial park not exercised? Vice Mayor Dawkins: It's closed, the people are just sleeping in it. Commissioner Plummer: It's not closed if there is people in it. Mr. Eldridge: May I make an appointment to see you, Mayor Suarez? Mayor Suarez: Yes, please. Mr. Eldridge: Just for ten minutes. Mayor Suarez: We're going to do that right away. Commissioner Plummer: Just asking the question. Mayor Suarez: We are now going to get into the issue that the Commissioner has been asking about all day. Commissioner Plummer: What's that, sir? 118 October 25, 1990 S 3. 0 4 Mayor Suarez: About the parks closing at... Commissioner Plummer: No, I'm asking and I'll for them to send me a memo. Mayor Suarez: It's not related to that. Mr. Eldridge: Thanks for hearing me out. Mayor Suarez: Thank you. Give us your name, one more time. Mr. Eldridge: Albert Eldridge. Mayor Suarez: Eldridge, and good luck with your doctoral thesis. Mr. Luft: Sir, do I understand, Mr. Mayor, that you would like us to set up a meeting with Mr. Eldridge and discuss this? Mayor Suarez: Yes, please Jack, for myself. Mr. Luft. OK. Mayor Suarez: My aide's back their too. All right? 31. (Continued Discussion) APPOINT INDIVIDUALS TO THE AFFIRMATIVE ACTION ADVISORY BOARD (Appointed was: Frankie Rolle; still pending are two appointments) (See label 27). Commissioner Alonso: May we go back to item... excuse me... to item 19, so I can appoint... Mayor Suarez: Yes, item 19, Commissioner Alonso. Commissioner Alonso: Yes, I'll like to appoint Frankie Rolle. Mayor Suarez: Frankie Rolle on... what board is that? Commissioner Alonso: Affirmative Action Advisory Board. Commissioner Plummer: Excuse me. Are we speaking about Frankie Rolle from Coconut Grove? Mayor Suarez: Yes. Commissioner Plummer: She presently sits on a board. She is on the Sports Authority. Mayor Suarez: There is no conflict unless one of them is... Mr. Fernandez: If... and that is prohibitory board which means that she cannot serve on another board like that, but she can serve in any other number of advisory boards. Commissioner Plummer: Please, I know Frankie well and I love her dearly, I just merely didn't want my colleague to have a problem. Mayor Suarez: So she can't serve on the affirmative action? Commissioner Alonso: She cannot? #, Mr. Fernandez: Well, I need to ascertain whether the... which board is it again? Mayor Suarez: Affirmative Action Advisory Board. Commissioner Alonso: Affirmative Action Advisory Board. Mr. Fernandez: Whether the Affirmative Action Advisory Board is a prohibitory board. If it is, then she cannot serve. But if it's merely an advisory board then she can serve. I can let you know right away. 119 October 25, 1990 1 0 Commissioner Alonso: Will you let me know, because she asked to be reappointed to the board. Mayor Suarez: I'm pretty sure she will be all right on that one. Mr. Fernandez: Yes, OK. Commissioner Alonso: As a matter of fact, she was in that board. Mayor Suarez: She may not have been on the Sports Exhibition and Authority at the same time. I think she can serve on that one, but let's ascertain that and in the meantime, you want to go ahead and move. Commissioner Plummer: Move the name proper. Mayor Suarez: Moved, Frankie Rolle. Commissioner Alonso: Yes, second. Mayor Suarez: Seconded, Commissioner Alonso. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-841 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS) TO THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Did you say that there was a residency requirement on the Affirmative Action Advisory Board. Commissioner Alonso: Yes. Dr. H. Daniels: Yes. City of Miami residence. Commissioner Plummer: She lives in the Grove. Dr. Daniels: Yes. Mayor Suarez: OK. Then I do have a problem with at least one of my appointments. All right. 120 October 25, 1990 1 ------------------------------------------------------------------------------ 32. (Continued Discussion) FIRST READING ORDINANCE: ESTABLISH THAT ALL PRESENT CITY EMPLOYEES (WITH CERTAIN EXCEPTIONS) SHALL ESTABLISH RESIDENCY WITHIN THE CITY BY A DESIGNATED DATE - PROVIDE THAT NEWLY HIRED EMPLOYEES SHALL ALSO ESTABLISH AND MAINTAIN CITY RESIDENCY - DIRECT CITY MANAGER TO NEGOTIATE INCLUSION OF THE RESIDENCY REQUIREMENT IN ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS - PROVIDE GUIDELINES REGARDING VIOLATIONS OF SAID REQUIREMENTS (See label 7B). Mayor Suarez: Commissioner De Yurre, revisit the item on residency? Commissioner De Yurre: I think they prepared an ordinance. Mayor Suarez: The ordinance is before us. The statement of the goals are all incorporated as I notice. Mr. Fernandez: There are some blanks that we need your guidance in and of course, keeping in mind, that this is first reading. Between first and second reading we will have an opportunity to be much more meticulous and clear and clean in the language. We only had two or three hours during lunch to come up with this that you have in front of you right now. But if you turn to page three, •^- need to address the issue of... clearly stated in section 2 that "unless otherwise provided, every person employed by the City of Miami in the effective date of this ordinance, shall become a resident of the City as defined in section 1 herein, within eighteen months of the effective date of this ordinance." That is for everybody who is presently employed by the City. Now, section 3, there is a blank there because we need your guidance, you originally did not discuss this. "Unless otherwise provided in the section, every person hired by the City after the effective date of this ordinance shall become a resident of the City as defined in section 1 herein within..." And then we need a parameter, what period of time would you like for that person, that is any person whom we hire hereinafter? Mayor Suarez: Period of time. I know in that case it would be, immediately. Mr. Fernandez: Yes, but we're then talking, if you continue further, for those employees in the classified service, every person hired after the effective date of this ordinance shall become a resident as defined in section 1 herein within, and then there is also another blank. Commissioner Plummer: Well, but you've got... Mr. Fernandez: And that requires, when they get permanent status. Anybody who is in the classified service, their first twelve, six, twelve months or eighteen month period, and there is some variation on that, they are temporary employees, and you have expressed an intent originally this morning, that not until they achieve permanent status within the civil service system, that you would then make this obligatory on them. My question is, after they become permanent, how many months thereafter do they have to in fact, move into the City? Commissioner Plummer: That's not what I heard. Mayor Suarez: Yes, it's not what I heard either. We... Mr. City Attorney, at one point you were discussing how long it took for an employee to become an official member of the union, and there was a probationary period for many of them to become a permanent member of the union. In discussing that, we thought we could apply a residency requirement immediately because... Commissioner Plummer: Even on a temporary. Mayor Suarez: ... on all new employees because they would be members of the union. So if... the motion that passed here makes no exception even for existing employees except to give them eighteen months because of the idea of just fairness and the ability to move into the City. For a new employee, I thought it was the intention, and maybe I am wrong on this, correct me if I'm wrong, of the majority who voted for this, that they from day one, the day they apply, and certainly the moment they are in probation and are actually hired, or put to the academy, in the case of the ones that have academies, 121 October 25, 1990 0 that they live in the City from that moment henceforth until they cease being employees of the City of Miami. Mr. Fernandez: I opined to you earlier that even those conditions must be subject to being put on the table in good faith like we have stated here on your behalf. Mayor Suarez: With the unions, you mean? Mr. Fernandez: With the unions, yes. Mayor Suarez: Well, why not put the whole shebang before the union, so. Commissioner Plummer: Well you see, I've got a problem with that, and I am doing it for clarification because you know how I voted. It was my understanding from the maker of the motion that was very clear that it was not a negotiable item. Now you say, in good faith on the table, I thought the maker of the motion said that the administration was instructed that it was not a negotiable item. Mr. Fernandez: No, no. If I may. Commissioner Plummer: Excuse me, may I ask the maker of the motion? Mr. Fernandez: Well let me... may I, Mr. Mayor? Vice Mayor Dawkins: You are correct. Your interpretation of my motion is correct. Commissioner Plummer: OK, I'm just saying that, OK? Now, I voted against it... Vice Mayor Dawkins: Thank you, Mr. Mayor. Mr. Fernandez: Understanding the state of the law in the area of labor relations, it is my advice to this Commission that on the subject of negotiating with labor unions, you express clearly to the administration what your position is, but couch it in sufficient good language that this is a subject of good faith negotiations. Your position and your policy statement is well heard, but you cannot ipso facto predetermine here, ultimately what your position would be. Vice Mayor Dawkins: Why not? Mr. Fernandez: You may make a pronouncement and a statement to that answer, but I am advising you at this point that it is ill advised for you to take a position other than to recommend to the administration... Mayor Suarez: You mean to tell me that as an elected official who is responsible for giving directions to the Manager... Commissioner Plummer: Policy. Vice Mayor Dawkins: Policy to the Manager, that it is illegal for me as an elected official, to tell the Manager as J.L. said, policy wise, that the policy of this City passed to the Manager by the City Commission is, that in eighteen months he is to negotiate contracts with the residential requirements in it, that's illegal? Mr. Fernandez: Sir, may I suggest to you that... let me explain it this way. No action of yours that you may take in this regard in expressing yourself, will be illegal. All that I am looking... is in a way in which the City can withstand the best chance if there is ever in our arbitration, or if we are brought in front of PERC (Public Employees Relations Committee), or if we have to defend the actions that you are taking here today, that you express yourself in the language in which I am recommending to you. Mayor Suarez: OK, and the language is? - on that issue, on the... Mr. Fernandez: The language is that, providing that newly hired employees establish and maintain such residence... "further, providing that the City Manager shall bargain in good faith with the bargaining agents of each of the 122 October 25, 1990 employees collective bargaining units, it being the intention of the City Commission to negotiate the inclusion in all future collective bargaining agreements of a provision, requiring continuous residency within the City for all permanent City employees." Mayor Suarez: All right, that sounds emphatic enough to me... Mr. Fernandez: Yes. Mayor Suarez: ... and hopefully to the maker of the motion because we have to move on the... as it turns out, we know we face litigation, so let's try to find the wording that is least likely to get us in trouble with... Commissioner Plummer: So for clarification, that means that until an employee reaches permanent status, the eighteen months does not kick in? Mr. Fernandez: That is what we are telling you because I... that's... Commissioner Alonso: That's unfair. Commissioner Plummer: Now, you see... Mayor Suarez: No, no, no, wait, wait. One thing has nothing to do with the other. We've been discussing up to now, the wording that the requirement that the Manager negotiate... actually we negotiate with the unions too, in may cases. But anyhow, that all of us negotiate with the unions the future contracts be in the kind of wording that you recommend to get us... least, make us least susceptible to lawsuits and to challenge in PERC. Correct? Mr. Fernandez: Correct. Mayor Suarez: Now, on the issue of new employees, Mr. City Attorney, I could have sworn we have said more than once today, let me just repeat it again, and hopefully I reflect the views of the majority who voted for this, that all new employees from day one from the day that they apply as far as I am concerned, but certainly from the day that they are accepted into the academy or as probationary employees, shall be residents of the City of Miami, period. And that be negotiated with the unions because the rest of the wording is negotiations with the union. Mr. Fernandez: Fine. And that would be a fine position to take. Mayor Suarez: Thank you, appreciate it. Mayor Suarez: All that I am doing is coming back to you because you have... Commissioner Plummer: But that's not what he said. Mayor Suarez: That's why when he asked about the grace period on new employees I said none, immediately, and I believe it was echoed by Commission Alonso and although he didn't say it, he was ready to be, by Commission Dawkins too, Vice Mayor Dawkins. Mr. Fernandez: And. the discussion item went as follows, just because a person is hired into the City, that doesn't mean that he has a permanent job, if he is coming under the civil service. That person... Mayor Suarez: You define it any way you want. The person that we least are concerned about fairness is the new employee. That person should comply with this requirement from day one, whatever day one is the proper definition, whether it's the day that employee is deemed to have qualified for the position... Commissioner Plummer: Goes on payroll. Mayor Suarez: ... or the day he goes on the payroll. Yes, that sounds like a good definition right there, the day he goes on the payroll. Mr. Fernandez: Fine. I believe that you have expressed yourself now clearly so that we know what to do. Mayor Suarez: Thank you. 123 October 25, 1990 Vice Mayor Dawkins: Mr. Mayor. Commissioner Plummer: I have one other question for clarification then I'll yield to my colleague. Vice Mayor Dawkins: OK, then I'll... Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: No. Mayor Suarez: Go ahead, he yields back - no? Vice Mayor Dawkins: OK. Mr. Mayor. Mayor Suarez: He takes it back. Vice Mayor Dawkins: Mr. Mayor, I would like to make a motion that we pass this "as is," and that you call an executive session where the Mayor, the Commissioners, and the Manager, and the City Attorney can sit down and discuss this so that we know where we are... Mayor Suarez: With the unions. Vice Mayor Dawkins: ... instead of sitting here giving out our information and those that are going to contest us know what we are thinking and what we are doing. Commissioner Plummer: Damn, I haven't had an executive session since the last time I want to the grand jury. Mayor Suarez: Can we meet in executive session on an issue that is going to... Mr. Fernandez: Yes. Mayor Suarez: OK. I am most pleased to the suggestion. Vice Mayor Dawkins: Well let's hear from Dean. Dean what do you think? Mr. Fernandez: If it is... Mayor Suarez: Because it would allow us to discuss some things that we would want to negotiate with the union very frankly without our friends from the media present, if we can do that Mr. City Attorney, I think that's a... Mr. Fernandez: One of the very few exceptions that you have from Sunshine is, when you as a Commission, in relation to a labor item must meet in order to decide on a position or a strategy to proceeding in negotiations of a contract, and to the extent that you have already declared this to be one of those items, I believe that, that comes within the Sunshine exception. Mayor Suarez: And we can muzzle any Commissioner who threatens to go tell the unions, right? - as I just... Commissioner Plummer: Peggy, Peggy, call me at home. Mayor Suarez: One specific, I don't want to say names on anybody - balding, and he has got a horrendous looking beard. Commissioner Plummer: What do you mean, balding? Vice Mayor Dawkins: If you point, then I'll whistle. Commissioner Plummer: Mr. Mayor, point of clarification. Commissioner Plummer: He is recovering hair on top of his head. Yes, Commissioner Plummer. Commissioner Plummer; Yes, but this coming off after ribs and roast tomorrow night, I can't stand it. I asked the City Attorney, as I read the body of 124 October 25, 1990 this motion, I find every reason in it which establishes what is not sufficient for residency, but I don't find anything in this that establishes what shall be the criteria for residency. Mayor Suarez: I think there is some wording but what is... Commissioner Plummer: The only wording here is, actual living quarters to mean the actual living quarters. Well what does that mean? I don't know... hey, I'm only asking for clarification that's the only reason. Mr. Fernandez: Between first and second reading, we can really give more thought to this. Mayor Suarez: And in fairness to the City Attorney, one of the most confusing areas of the law is domicile. Mr. Fernandez: Yes. Mayor Suarez: There is like ten different definitions that come to mind of what domicile means, but I think we know what we mean. We mean basically living, sleeping... Mr. Fernandez: With your family and having that... Mayor Suarez: Right. Mr. Fernandez: We tried to capture the essence of that. In essence we have said, actual living quarters which must be maintained within the City by an employee and his family. Sometimes you better define an item by saying what it is not and then what is left. That's another way of going at it that is legitimate. Mayor Suarez: But the suggestion of the maker of the motion is an interesting one, to meet in executive session, and discuss how we would approach the negotiations with the unions because I have voted for what is before us in anticipation of very difficult negotiations with the unions, and with a certain notion of flexibility, but I'd rather not discuss it in public because the more we discuss it in public, the more the unions get the feeling that we don't really mean to go through with this and that troubles me because I do. Commissioner Plummer: Correct. Mayor Suarez: I do mean to impose a residency requirement as broad as I think that we can possibly impose. So if that's what I hear from the Vice Mayor, if you're telling us we can do that, let's leave any fine points for second reading, try to have an executive session before that... between now and then. How is that? Vice Mayor Dawkins: Great, great, sir. Mayor Suarez: All right. Vice Mayor Dawkins: Do we need to move this one? Mayor Suarez: And I was informed that all of your staff lives outside the City of Miami. Troubles me, that troubles me, they are nice people. Commissioner Plummer: Including the policeman that guards your house. Mayor Suarez: Yes. All right, I have a motion by Commission De Yurre, I think on the... Commissioner De Yurre: Not me. Vice Mayor Dawkins: Me. Mayor Suarez: By Vice Mayor Dawkins on the... why were you so interested in having it done today? Commissioner Plummer: Mea culpa, mea culpa. 125 October 25, 1990 0 Commissioner De Yurre: No, it's not my... because I'm going to switch my vote, that's why. Mayor Suarez: All right. We have a motion then by Commissioner Dawkins, Vice Mayor Dawkins. Do you want to second? Commissioner Alonso: Yes. Mayor Suarez: Seconded by Commissioner Alonso. Any further discussion on the ordinance that is before us? Commissioner De Yurre: Discussion, and I want to explain why you know, I'm going to switch my vote. The concept of residency, I think ;.t's a proper one, certainly I think that's the way to go for as many reasons that we have expounded here. But morally, I just can't bring myself to force three thousand employees, around that number, force them to move from where they are at. Like you know, there are so many reasons for that starting from economics, continuing to children that may be growing and going through the years with classmates at a particular school, now all of a sudden, they are going to be detached from their friends, a whole bunch of bonding that goes on with people living in a certain area. And you know, I think we're kind of going in a hurried fashion to push this through, and I think we have to look at it in a larger scheme. Here is the City of Miami that has been in existence almost a hundred years, and we never had this... you know, it's always been the same way, you could live outside the City. You know, why do we have to do it in such a heated rush that it's going to impact so greatly on many, many families. I think that if we do it progressively within five, within ten years, the bulk of them will be living in the City, and there is no need to create this trauma, psychological trauma and economic trauma on families that have depended and been part of this family, which is called the City of Miami, as employees. And I just think that we need to consider that and think of it in the larger scheme of things and not just on something that needs to be done within months or within a year, when it should just be done gradually where it won't be as painful. Mayor Suarez: OK. We have a motion and a second. Any further discussion? If not, please call the roll. - or read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING THAT ALL PRESENT EMPLOYEES OF THE CITY OF MIAMI EXCEPT AS STATED HEREIN SHALL ESTABLISH RESIDENCY WITHIN THE CITY OF MIAMI NO LATER THAN I8 MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE AND SHALL MAINTAIN SUCH RESIDENCY DURING CITY EMPLOYMENT; ALSO PROVIDING THAT NEWLY -HIRED EMPLOYEES ESTABLISH AND MAINTAIN SUCH RESIDENCY; FURTHER PROVIDING THAT THE CITY MANAGER SHALL BARGAIN IN GOOD FAITH WITH THE BARGAINING AGENTS OF EACH OF THE EMPLOYEES' COLLECTIVE BARGAINING UNITS, IT BEING THE INTENTION OF THE CITY COMMISSION TO NEGOTIATE THE INCLUSION IN ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS OF A PROVISION REQUIRING CONTINUOUS RESIDENCY WITHIN THE CITY FOR ALL CITY EMPLOYEES FOR SO LONG AS THEY ARE EMPLOYED; ALSO PROVIDING THAT VIOLATIONS OF THE RESIDENCY REQUIREMENT SHALL BE GROUNDS FOR TERMINATION OF EMPLOYMENT; CONTAINING DEFINITION OF RESIDENCY; DECLARING THE ORDINANCE TO BE AN ORDINANCE OF PRECEDENT; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. Was introduced by Vice Mayor Dawkins and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: 126 October 25, 1990 0 AYES: Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. 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. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: As stated previously, I think the intent is very good, morally, I think it's unfair. I vote, no. COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: Can I ask Mr. Mayor, that one more vote be taken? Mayor Suarez: Yes. Commissioner Plummer: No, I'm only kidding. The third time I might get a third vote. 33. EXECUTE AGREEMENT WITH PEPSI-COLA COMPANY (A DIVISION OF PEPSICO, INC.) AND CONTRACT CONNECTION, INC. - FOR DONATION OF TWO PLAYGROUNDS TO BE INSTALLED IN SHENANDOAH AND REEVES PARK. Commissioner De Yurre: Mr. Mayor, I have a... Mayor Suarez: Commissioner De Yurre, emergency item? Commissioner De Yurre: ... couple of quick resolutions here. "A resolution authorizing the City Manager to execute the necessary agreements in a form acceptable to the City Attorney with Pepsi- Cola Company, a division of Pepsico. Inc., and with Contract Connections Inc., for the donation of two children playgrounds to be installed in Shenandoah and Reeves Park," I so move. Vice Mayor Dawkins: Second. _ Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-842 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PEPSI-COLA COMPANY, A DIVISION OF PEPSICO, INC. AND WITH CONTRACT CONNECTION, INC., FOR THE DONATION TO THE CITY OF TWO (2) CHILDREN'S PLAYGROUNDS BY SAID FIRM TO BE INSTALLED IN SHENANDOAH AND REEVES PARKS. (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: 127 October 25, 1990 11 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. 34. ACCEPT CASH DONATION FROM STREETBALL PARTNERS, INC. - FOR PARKS DEPARTMENT - FOR 1990 DIET PEPSI HOOP -IT -UP BASKETBALL EVENT - EXECUTE AGREEMENT. Commissioner De Yurre: Second resolution. "Accepting a donation of funds in the minimum amount of two thousand one hundred dollars ($2,100) to the Department of Parks and Recreation from Streetball Partners Inc., for the 1990 Diet Pepsi Hoop -it -up basketball event conducted in the City of Miami, October 26th to the 28th 1990, with said department, authorizing the City Manager to execute the necessary agreement in a form acceptable to the City Attorney with Streetball Partners Inc., for said event and donation." I so move. Mayor Suarez: So moved. Commissioner Plummer: Second. Vice Mayor Dawkins: Under discussion. Who is Streetball Partners? Mr. Albert Ruder: Streetball Partners is a firm out of Texas who is doing these Hoop -it -ups in different cities, and they are the ones are handling the event, and we are getting that donation of twenty-one hundred dollars ($2,100) or fifty percent of gross profit. Vice Mayor Dawkins: So this is a profit making entity, and they are going to make money and from the money they make, they are going to give us twenty-one thousand dollars ($21,000)? Commissioner Plummer: Twenty-one hundred. Vice Mayor Dawkins: I mean, twenty-one hundred. Mr. Ruder: It's twenty-one hundred or fifty percent of it. And we've gotten a lot of publicity out of it also, it's been all over TV and they are doing this throughout the county. Vice Mayor Dawkins: Thank you, Mr. Mayor. Mayor Suarez: Thank you. Take the opportunity to commend the Parks Department for making sure that that Caribbean Festival took place, some of you during your off hours, we appreciate that. Also, on behalf of... I just happened to receive communication from Attorney General Bob Butterworth that... well let me... I'll just distribute this, it's a complicated lawsuit filed by his office that apparently, has resulted in substantial reductions in what we pay for disposal of some of our waste, and I'll make it available, Mr. Manager. Apparently, he is very happy with the cooperation he received from the City. OK, PZ-1. Call the roll on the prior item. 128 October 25, 1990 0 & The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-843 A RESOLUTION ACCEPTING A DONATION TO THE CITY OF MIAMI OF FUNDS IN THE MINIMUM AMOUNT OF $2,100 FROM STREETBALL PARTNERS, INC. FOR THE USE OF THE DEPARTMENT OF PARKS AND RECREATION FOR THE "1990 DIET PEPSI HOOP -IT -UP" BASKETBALL EVENT CONDUCTED IN THE CITY OF MIAMI OCTOBER 26 - 28, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH STREETBALL PARTNERS, INC. FOR SAID EVENT AND DONATION. (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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 35. DECLARE DECEMBER 11, 1990 AS THE COMMUNITY DAY FOR HARMONY, URGING UNITY OF THE DIFFERENT CULTURES IN OUR COMMUNITY. Commissioner Plummer: Mr. Mayor, excuse me, I have something... Mayor Suarez: Yes. Commissioner Plummer: This comes from the police department. They have asked that it be read and approved by this Commission so that they can go forward with the proclamation. "Whereas the City of Miami is made of all colors, all cultures, all races and creeds, and is one of the greatest cities in the nation. And whereas everyone of us have unique talents and abilities to share with others, and should always realize that we are friends and neighbors. And, whereas, whenever we are teachers, corporate manager, police, students, senior citizens, clergy, or laymen, our single purpose should be to encourage acceptance and appreciation of people different from us and to discover how everyone can share the promise of opportunity in a democratic free and multi - cultured community. And, whereas, it is common knowledge that the things that bind us together are more than those that divide us, and that by standing together, we become charged with positive energy and determination to collectively solve our community problems. Therefore, Xavier L. Suarez, Mayor of the City of Miami, does proclaim December 11th, 1990, as Unity Day, observance thereof, call upon all the residents of Miami to join their hands and minds towards the common goal of living together in peace and harmony as one people, one community, doing the right thing." I move this, Mr. Mayor, as presented. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. 129 October 25, 1990 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-844 A MOTION DECLARING DECEMBER 11, 1990 AS THE "COMMUNITY DAY FOR HARMONY" URGING THE UNITY OF THE DIFFERENT CULTURES IN OUR COMMUNITY. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 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. 36. ACCEPT BID: MAROONE CHEVROLET - FOR FURNISHING 80 POLICE PURSUIT VEHICLES - FOR POLICE DEPARTMENT (Project 509000). Commissioner Plummer: Mr. Mayor, to satisfy one of hottest issues that came before us at budget time, I read the following, which has been through the Legal Department, the procuring department, the administration. THEREUPON, THE COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD, BY TITLE ONLY. Commissioner Plummer: As your representative for Commissioner Awareness, Mr. Mayor, I want to state for the record, that this was the only bidder. There was not a minority firm or a local firm who bid on this project. If it's within the purview of my colleagues, I so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Vice Mayor Dawkins: Under discussion. Mayor Suarez: Vice Mayor Dawkins. Vice Mayor Dawkins: Is there such a thing as a statewide contract for the purchase of police vehicles? Mr. Ron Williams: Vice Mayor Dawkins, not at this time. There will be a state award being made sometime later, toward the end of the year. We're ahead of the state at this point because of your desire to expedite the purchase of police vehicles. Vice Mayor Dawkins: OK, now, when the statewide bid - I mean, availability is made, that means that you can buy cars from anywhere in the State of Florida, purchase them for at the same price that the State of Florida purchase them for? Mr. Williams: That's correct. Vice Mayor Dawkins: OK, thank you. Can an independent person, for the lack of a better word, form a company and get him a bid - I mean, and get him a price from the State of Florida who lives in the City of Miami and submit a bid to provide these vehicles? 130 October 25, 1990 0 Mr. Williams: If they're within the realm of your guidelines, Commissioner, that's correct. Vice Mayor Dawkins: What do you mean, within the realms of my guide.... Mr. Williams: Your guidelines as it relates to an established company in the City and that they would meet the specifications as requested. Vice Mayor Dawkins: OK, draw me up the specifications so that I can submit them to individuals in the City of Miami so that they - see, are you telling me that no authorized automobile dealer bid on this bid? Mr. Williams: That's correct, Vice Mayor. Vice Mayor Dawkins: So, therefore, maybe they're not hungry enough. But I'm sure that we can find individuals who are interested in providing cars - how many cars are we buying? Commissioner Plummer: Eighty. Mr. Williams: Eighty, at this point. Vice Mayor Dawkins: And if they only made a hundred dollars a car, that's $8,000 that a person would make off the sale and I just can't.., you know, I just can't follow it. Mr. Williams: I'll bring you that information, Vice Mayor. Vice Mayor Dawkins: Well, no further discussion. Thank you, Mr. Mayor. Mayor Suarez: OK. PZ-1. Vice Mayor Dawkins: No, we got to move that. We got to call the roll. Commissioner Plummer: Wait a minute, did you call the roll? Commissioner Alonso: I seconded it... Mayor Suarez: Call the roll on that item, if we have a motion and a second. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 90-845 A RESOLUTION ACCEPTING THE BID OF MAROONE CHEVROLET, HOLLYWOOD, FLORIDA, FOR THE FURNISHING OF EIGHTY (80) POLICE PURSUIT VEHICLES TO BE USED BY THE POLICE DEPARTMENT AT THE COST OF $972,560.00, WITH FUNDS THEREFOR BEING ALLOCATED FOR THIS PURCHASE FROM THE FY'90-91 ENVIRONMENTAL SERVICES AND OPERATIONS MANAGEMENT/FLEET MANAGEMENT DIVISION OPERATING BUDGET, PROJECT NO. 509000, ACCOUNT CODE NO. 420901-880, SAID ACQUISITION TO BE FINANCED THROUGH THE MANUFACTURER UNDER A 36-MONTH LEASE PURCHASE PLAN; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PURCHASE, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: 131 October 25, 1990 rAft AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. Commissioner Plummer: Mr. Manager, Mr. Williams, can we have an assurance that these cars, which are the new cars, are going into patrol and will not be used by the high priced help, by the lieutenants and the sergeants. That these will be used as actual patrol cars on the street. Mr. Williams: I will most certainly discuss that with the Police Chief, Commissioner. Commissioner Plummer: Well, can I include it in the motion, if they don't agree to that, that it comes back? Hey... Mr. Williams: Absolutely. Absolutely. Commissioner Plummer: ...the problems that we've seen in the past is that the higher ups get the brand new cars and then they push down what is the second, you know, hand me downs. I think that these cars should be the ones that are on the street doing the work. And if that is not agreeable to the Police Department, I would request of my colleagues that it come back before this Commission if there is any discrepancy in that. Mr. Williams: I'll make sure of that, Commissioner Plummer. Commissioner Plummer: Thank you. Mayor Suarez: OK, did we call the roll? Thank you. [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR AGENDA ITEMS TO CONSIDER PLANNING AND ZONING AGENDA ITEMS.] 37. DISCUSS AND TEMPORARILY TABLE UNTIL AFTER 5:00 P.M. CONSIDERATION OF AGENDA ITEMS PZ-7 AND PZ-8 (See label 39). Mayor Suarez: PZ-1. Mr. Sergio Rodriguez: Mr. Mayor, in relation to the Planning and Zoning agenda, there are two items, PZ-7 and PZ-8 that we would like to have continued to November the 8th... Mayor Suarez: OK, I'll entertain a motion on those to November - what's the date, Sergio? Mr. Rodriguez: The 8th. Commissioner Plummer: So move. Mayor Suarez: So moved. Vice Mayor Dawkins: Second. Mayor Suarez: Seconded. Any discussion? That's my mutual agreement or is that administration. withdrawing? Mr. Rodriguez: Would like to ask, on the record, in the case of seven, there was a defective notice. In the case of the eight, the plans were not resubmitted with information required. 132 October 25, 1990 Mayor Suarez: Is the... Commissioner Plummer: Let me ask, is there anyone here to speak on that issue? Mayor Suarez: Thank you. Is there anyone here that wanted to be heard on items PZ-7 or eight, right? Commissioner Plummer: It is a 5:00 o'clock item and you might want to ask that again at five. Mr. Rodriguez: Seven and eight, yes. Mayor Suarez: OK, why don't we wait four minutes then. Commissioner Plummer: Huh? Mr. Guillermo Olmedillo: It's 4:00 o'clock. Mr. Rodriguez: PZ-7 is at 4:00 o'clock. Commissioner Plummer: Excuse me, my agenda says seven is after 4:00 and eight is after 5:00. Mr. Rodriguez: Right, that's what I said. PZ-7 at 4:00 o'clock. Mayor Suarez: OK, so for eight we would have to wait till after 5:00. Why don't we do this item and then we'll take that up? Mr. Cardenas. Haven't been to the barber shop lately, sir. Al Cardenas, Esq.: I hope you like it, Mayor... I've been getting a lot of compliments. Mayor Suarez: I'm not going to comment one way or the other, I assure you. Commissioner Plummer: Mr. Mayor, I'm glad you mention... Mr. Rodriguez: PZ-1... Mayor Suarez: Just noticing, observing, for the record, that's all. Commissioner Plummer: I'm glad you mentioned that because I would like to invite you to see Albert tomorrow night as well as myself and others, in Ribs and Roast at the Eden Roc, at the behest of the Journalistic Society, Sigma Chi whatever it is. And we all will be there and, Mr. Mayor, I want to tell you, but, in particular, Miriam Alonso, should not miss it. Mr. Cardenas: Well, now that the cat is out of the bag.... Mayor Suarez: I gather they're not going to pick on me too much this year. Yes. Mr. Cardenas: I will tell you that they harass this way because I play the role of. an Indian who commits a violent crime against Christopher Columbus when he lands in America. Mayor Suarez: Ah. Commissioner Plummer: Wait a minute, I'm Christopher Columbus, you dummy! Mayor Suarez: If he must reenact that commission of a violent crime, make sure that he's the Christopher Columbus. OK. Mr. Cardenas: On item 7, which I think is what you called up, just for the record, my name is Al Cardenas, I'm here on behalf of the applicant. Unfortunately, as you know, there was a technical error on the advertising and which is the reason why it has to be continued for a month. We are most anxious to get the matter heard. It's been travelling the process for about six months and now it's getting into a critical path where there is a number of students that need access to the facility and, of course, we haven't been able to have that access. So, we look forward to being here in November and 133 October 25, 1990 0 December and hope that the matter can certainly be heard in that time period. Thank you. Mr. Rodriguez: It has been continued for two weeks. It is November the 8th. Mr. Cardenas: That's right, thank you. Mayor Suarez: Anyone else on that item? Table the item for two minutes so we can take it up at that point. ------------------------------------------------------------------------------ 38. SECOND READING ORDINANCE: AMEND 11000 ATLAS - CHANGE THE R-4 DESIGNATION (MULTI FAMILY HIGH DENSITY RESIDENTIAL) AT 596 N.W. 49 AVENUE, AND THE R-2 DESIGNATION (TWO FAMILY RESIDENTIAL) AT 4901 N.W. 5 STREET, TO C-1 (RESTRICTED COMMERCIAL) (Applicant: Planning, Building & Zoning Dept.). ------------------------------------------------------------------------------ Mayor Suarez: PZ-1. Mr. Guillermo Olmedillo: PZ-1, Mr. Mayor, Commissioners, is a zoning atlas amendment. This is the second reading and it's for property located on 5th Street, N.W., and 49th Avenue. The conditions submitted in the covenant to the Planning Department were acceptable. I must defer to the Law Department on the legal issues. There is a covenant with a $10,000 contribution proffered by the applicant and we recommend approval and the Planning Advisory Board recommended approval of the change. This is actually a follow up to the change that we made in ordinance 9500. Vice Mayor Dawkins: What happened to the $10,000 that was proffered? Mr. Olmedillo: I will allow the applicant to say that... Robert Traurig, Esq.: The City has it. Vice Mayor Dawkins: Thank you, sir. Thank you, Bob. I know the City has it, I want the City to tell me where it is. Commissioner Plummer: Well, it has to go into that fund, new City policy. Vice Mayor Dawkins: Are you the administration? Commissioner Plummer: Yes. Vice Mayor Dawkins: You are? You're the administration. Commissioner Alonso: It's going to go to... Commissioner Plummer: Yes. Vice Mayor Dawkins: It's there? It's in the fund. Commissioner Plummer: Sure. Definitely. Vice Mayor Dawkins: OK, all right, no problem. Thank you. Commissioner Alonso: These are the ten thousand that will complete the amount that we had... Mr. Olmedillo: Rainbow Village. Commissioner Alonso: Rainbow Village. Mr. Rodriguez: Follow your policy that will be the amount that will go to Rainbow Village. Mayor Suarez: OK, and you're going to report to us when another $25,000 are received, I think. OK. Does anyone wish to be heard against the application contained in PZ-1? Let the record reflect no one stepped forward. Yes? 134 October 25, 1990 Mr. Traurig: Mr. Mayor, Robert H. Traurig, 1221 Brickell Avenue. I am in favor of the application, but I would like to make a statement for the.... Mayor Suarez: I think, at this point, because you had to put something in the record, we're going to have to swear you in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Traurig: I wanted to give some comfort to Mrs. Rosa Soto with regard to a supplemental covenant regarding the design of the parking structure that would go on the back portion of this property to let her know that I have, in my possession, the identical declaration of restrictive covenants that we sent to her. It's been executed and the joinder? Has been executed and it will be recorded by us unless she prefers to hold it and record it herself. I just wanted to give her the comfort to know that it would be recorded. Thank you, that's all I wanted... Commissioner Plummer: Move the item. Commissioner Alonso: Second. Mayor Suarez: Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT APPROXIMATELY 596 NORTHWEST 49TH AVENUE AND 4901 NORTHWEST 5TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-2 TWO FAMILY RESIDENTIAL (FOR APPROXIMATELY 4901 NORTHWEST 5TH STREET) AND R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL (FOR APPROXIMATELY 596 NORTHWEST 49TH AVENUE) TO C-1 RESTRICTED COMMERCIAL; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 31 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 26, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, 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 J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10804. 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. 135 October 25, 1990 ------------------------------------------------------------------------------ 39. (Continued Discussion) CONTINUE AGENDA ITEMS PZ-7 AND PZ-8 TO PLANNING AND ZONING MEETING PRESENTLY SCHEDULED FOR NOVEMBER 8TH (See label 37). ------------------------------------------------------------------------------ Mayor Suarez: PZ-2, is that related? Mr. Olmedillo: PZ-2 and PZ-3 are related items. They're companion items. PZ-2 speaks to the Comprehensive Plan amendment and PZ-3 to the zoning... Mayor Suarez: It is not related or it is? -I'm sorry. Mr. Olmedillo: They're both related, two and three. Mayor Suarez: But they're not related to one. Mr. Olmedillo: No, no, sir. Mr. Rodriguez: No. Mayor Suarez: OK, let's go back to the ones that we were deferring or continuing... Commissioner Plummer.: I move that item 7 and 8 be deferred. Mr. Rodriguez: To November 8th. Mayor Suarez: Continued to November 8th. Mr. Rodriguez: Eighth. Mayor Suarez: Thank you. Commissioner Plummer: For further information. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. ON MOTION DULY MADE BY COMMISSIONER PLUMMER, ITEMS PZ- 7 AND PZ-8 WERE CONTINUED TO THE COMMISSION MEETING OF NOVEMBER 8, 1990, BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. ------------------------------------------------------------------------------ 40. FIRST READING ORDINANCE (MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN): AMEND FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 3301 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL, WITH PROVISOS (Applicant: McDonald's Corp.) ------------------------------------------------------------------------------ Mayor Suarez: PZ-2. Mr. Guillermo Olmedillo: PZ-2 and three are companion items and this is a property located on 3301 S.W. 22nd Terrace. As you can read in the application, the applicant has excluded the southerly one foot so that they would address the issues that we had about intrusion of traffic into the neighborhood. They cannot cross that line and the domino effect cannot affect the properties which are south of 22nd Terrace. The Planning Department has recommended approval on the amendment to the Comprehensive Plan. The Planning Advisory Board recommended approval on an eight to one basis. On the zoning change, the Planning Department has recommended approval. The Zoning Board 136 October 25, 1990 recommended - actually a technical denial because it was a three -three vote both ways so there was never a five affirmative votes to any of the motions so that constitutes a technical denial. The applicant, as I said, has submitted an application which excludes the southerly one foot in order to address the Issues of intrusion. Al Cardenas, Esq.: Yes, may I? Mayor Suarez: Yes, counselor. Mr. Cardenas: Mr. Mayor, members of the... Mayor Suarez: You've been sworn in too? -at the same time as Bob? Mr. Cardenas: I have not. Mayor Suarez: Please be sworn in, Mr. City Attorney. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Cardenas: Thank you. For the record, my name is Al Cardenas with offices at 1221 Brickell Avenue. I'm here on behalf of the applicant, McDonald's Corporation, and I hope the members of the Commission have missed me. I haven't been here for a couple of meetings. Commissioner Alonso: We certainly did. Mr. Cardenas: I know I've certainly missed you. The - maybe I can afford a haircut now. Mayor Suarez: Actually, we were hoping to hear from your associate, but for some reason, you have stepped up to the mike instead. Commissioner Alonso: He was playing baseball. Mr. Cardenas: You were hoping to... right. Well, she's not allowed to yet. Mayor Suarez: She's still within the two year limitation? Mr. Cardenas: That's right. But, like Lucia, I'm sure her time will come. Mayor Suarez: OK. Mr. Cardenas: I'm here on behalf of McDonalds relative to their facility in the thirty-three hundred block which is located, as you know, between Coral Way and 22nd Terrace, and running north and south and between 34th Avenue and S.W. 32nd Avenues, running west to east. We have - this is actually the sixth time that I'm before this Commission on - not on this project, but on five previous applications - involving the Coral Way and 22nd Terrace area. You may recall that, fortunately, on five previous occasions, this Commission approved the zoning change of these properties involving the Radio Mambi and Oscar Rojer, Kaufman & Roberts, Inversiones Mapama, and Caituma Properties. And these date back to 1986, 187, '89, and '88, and basically, as you may recall, we've had three or four years of discussions regarding the subject matter and we've refined it along the way to the point where covenants have been proffered for all of these previous applications and, of course, for this one, to satisfy the needs that have surfaced in the neighborhoods and part of the Commission and the Zoning and Planning Boards as well. This is no exception and we have included a covenant along with the proposed changes, and I'll explain to you why we feel they're in the best interest of the City and our client. But, what we're requesting is that the property fronting on 22nd Terrace be rezoned as the previous five applications were to C-1, restricted commercial. We've proffered a covenant in conjunction with our request with the following limitations. One limitation, of course, is that there will be a wall, a masonry wall constructed on the side of the property facing 22nd Terrace. That there will be, of course, no ingress, no egress or vehicular traffic to the property. That there will be a landscaping buffer of ten feet on the 22nd Terrace side and five feet on the sides of the property. That there's a height limitation of 35 feet within 50 feet of the property line and that there's a zoning - and that a one foot strip to the immediate southern boundary of the property will continue to be zoned residential so that legally 137 October 25, 1990 we're able to avoid a domino effect on subsequent commercial zonings in the area. We feel that this covenant has addressed the concerns that you, in the past, as a Commission, have expressed. I know that it has satisfied the concerns of most of the neighbors. I'd like to show you what the site plan looks like now and what we propose to do, explain to you why we intend to do that. This is the property at... well, let me first show them the earlier site plan. Adrian is... Mayor Suarez: Let me see if I can anticipate a little bit here. Is there anyone here that opposes the application? Do we have an opposition to this? Ma'am, are you going to speak on this? Commissioner Plummer: Come to the microphone, please. Mayor Suarez: Come to the mike if you tell us what the nature of the opposition may be, it may be that it has been resolved or that it hasn't been. I don't know. Why don't you give us your name and be sworn in too, please. Be sworn in very quickly. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Ms. Claralina Armenteros: My name is Claralina Armenteros and I live east of the property of the parking lot. I don't oppose the parking because it's been existing for like twenty some years, but all I suggest is like at night, that they lock it up somehow, because we have people hanging out in the, you know, they park there at night after they close and that's been a problem. Mayor Suarez: How can we assure that after the hours of operation the parking lot is then secured so that people won't use it for God knows what activities? Ms. Armenteros: I was talking with Mr. Montes before, you know, this and we were discussing, you know, some kind of fences and stuff and maybe, you know, that would be a solution. Mayor Suarez: Could that be part of the covenant in any way? Commissioner Plummer: Of course. Mr. Cardenas: We've presented a covenant and we'd be happy to do so. Let me verbally tell you what we've committed to do. We've already presented the covenant... Mayor Suarez: It sounds like you're going to have not only a covenant, but somebody monitoring the compliance with the covenant if this passes, so... Mr. Cardenas: Yes. Mayor Suarez: ...better be advised of that. Mr. Cardenas: What, in viewing with the neighbor, the proposed site plan, I think the easiest way for us to prevent that vehicular traffic after hours of closing is we're going to install posts on the two sides of the property and we're going to have a heavy steel chain material here and those chains will be placed immediately upon the closing of the facility so that there will be no vehicular access to the back of the property after hours and I think this device is the simplest and easiest way to resolve that issue, which we're now, under the present site plan, really is very difficult to resolve. Vice Mayor Dawkins: Why couldn't you use the same type of a gate that is used in the parks? My only concern... Mr. Cardenas: OK. Vice Mayor Dawkins: ...Al, is with a pair of tin snips or any kind of a cutting device, one could very easily... Mr. Cardenas: Yes. Vice Mayor Dawkins: ...cut the chain or the steel that is and still go in there. But if you... 138 October 25, 1990 Mr. Cardenas: I think that's an excellent suggestion. Vice Mayor Dawkins: ...you know, and it could swing back against the wall because you're going to have wall there, right? It could swing back against the wall and then at night it would be fastened into the ground. Mr. Cardenas: OK, if you... what we'd like to do if... Vice Mayor Dawkins: I don't know now, I'm only asking, Al. Mr. Cardenas: No, I think that makes a lot of sense to me and what I'd like to do is just, if you don't mind, leave it to us to show the department the fence that we're, you know, the gate we'll install and make sure it's acceptable to them. But, we would be delighted to do that. Mr. Rodriguez: Maybe the language of the covenant might say that there will be a chain, or any other device that will prohibit the access to the parking area after the business is closed and that way, we can enforce it if the other one doesn't work. Mayor Suarez: OK. With that sort of wording, is there anything else that needs to be added into the record? Staff? Yes, Commissioner. Commissioner Plummer: Why couldn't this just as easy be handled on a conditional use? Without changing the zoning? Mr. Cardenas: We need a zoning change because part of the structure which will be constructed will be located in the residentially zoned property and a zoning change is required for that reason. Mr. Rodriguez: Transitional use was eliminated, remember? Mr. Olmedillo: Specifically. Commissioner Plummer: But, you're saying to me that we, under no circumstances, today can give a conditional use of parking? Mr. Cardenas: No, sir. Commissioner Plummer: A variance of parking? Mr. Olmedillo: Not at this particular location. You may remember that the neighbors were for the Coral Way area... Commissioner Plummer: You're right. Mr. Olmedillo: ...and they excluded that. Mr. Cardenas: Right. And this does follow the tradition of those five previous applications. We have met with the neighbors, we're proffering the same covenants that you insisted on in the past and we'll be happy to incorporate the gate request or suggestion made by Commissioner Dawkins as well. Mayor Suarez: OK, with all of those provisos...Commissioner Alonso. Commissioner Plummer: Well, wait, wait, wait, wait. I'm still waiting to hear, Mr. Cardenas: Yes, I understand. Well, McDonalds Corporation, as you know, the generous corporate partner of this community that they are and who, incidentally, as you know, have opened a wonderful and maintain and sustain a wonderful facility of the Ronald McDonald House by Jackson Memorial Hospital.... Commissioner Plummer: I don't need the commercial. Mr. Cardenas: ...within the City of Miami, have agreed to contribute the sum of $5,000 to a cause that to City's... Mayor Suarez: To the fund that's been set up. 139 October 25, 1990 Mr. Cardenas: To the fund that's been set up for that purpose. Commissioner Plummer: How much? Mr. Cardenas: Five thousand dollars. That's in addition to the $200,000 which they recently have agreed to give to further enhance the Ronald McDonald House. Commissioner Plummer: Burger King says, have it my way? Well, is this first reading? Vice Mayor Dawkins: You mean Burger King? Commissioner Plummer: This is first reading? Mr. Olmedillo: That is correct, sir. Mr. Cardenas: Yes, sir. Commissioner Plummer: Give me an approximate idea, in rezoning this property to commercial, does that quadruple the value of that property, roughly? Mr. Olmedillo: Yes. Commissioner Plummer: That's what I thought. You, of course, are of an open mind between the first reading and the second. Mr. Cardenas: Well, may I add, also, Commissioner, that we really will not have a new use on the property. As a matter of fact, it will be the... Commissioner Plummer: But, you will have quadruple the value of what that property is... Mr. Cardenas: Well, I don't know. Commissioner Plummer: ...presently zoned today, for which you have no rights other than ownership and to pay the taxes. Al, I want to give you a full thirty days to think about it. Mr. Cardenas: OK, sir, I'll do that. Commissioner Plummer: You do have an open mind. Mr. Cardenas: OK, we certainly do. Commissioner Plummer: You said that twice. Mr. Cardenas: Yes, we do. Commissioner Plummer: Yes. Commissioner Alonso: Excuse me, Mr. Cardenas, don't you have a parking lot there now? Mr. Cardenas: Excuse me? Yes, uh huh. Commissioner Alonso: It's in the same area where you have the parking lot. Mr. Cardenas: This is - let me, if I can - this is the existing layout. The building is now 19 years old so we want to tear it down and build a brand new facility. The new site plan would look like this, which we think will be a lot more convenient, will give a lot more stacking room which we feel the present facility has certainly enough of, but this will be a lot roomier. It has more stacking lanes which we feel it's important and it gives us the ability to build - you know, that playland area, that kids like a lot - and the layout for parking will be, you know, right to the side here most of the time which we think the patrons and the police and everybody else will appreciate more. And it's overall a much better layout. The current facility has 3,600 square feet and we would like to build a 4,300 square foot facility, certainly well within the zoning and code provisions of the City and we'll have plenty of parking spaces as well. a 140 October 25, 1990 Commissioner Plummer: For the edification of this Commission, and I'm sorry that Odio is not here, we need to seriously address what this lady was nice enough not to say the real truth. We are sending three to four times a day, to that location, gangs that are hanging out in that area disrupting everything in that area and they are staying there until the late hours of the evening. Unfortunately, the structure across the street is what is serving as a magnet and I'm saying that we need to go in there with a police presence, to, in fact, say to these gangs that they're not welcome to hang out there in that particular area. Because if something isn't done, I want to tell you, McDonalds is going to have a rough time making it. So, I just bring that to the edification and I hope that the administration will address that problem and clean that area up. Mr. Rodriguez: I will pass the word to the Manager and also to the Chief of Police. Something I didn't get clear on the record. I didn't get exactly, when is the contribution that you're voluntarily proffering going to be made? At what point? Mr. Cardenas: We proffered $5,000 and have agreed to reconsider... Mr. Rodriguez: By when? Mr. Cardenas: ...the matter. Well, I'd say... Mr. Rodriguez: By when is it going to be contributed? Mr. Cardenas: Say, within reasonable time from the, you know, second reading. Commissioner Plummer: I want you to know if you don't, I'm going to have a Big Mac attack. Mr. Cardenas: I understand. Mayor Suarez: All right... Mr. Cardenas: Is sixty days appropriate? With sixty days, you know, from date of approval. Commissioner Plummer: Since he has an open mind, I'll move item two. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3301 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; 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 AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: 141 October 25, 1990 i 1 s 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. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 41. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 3301 S.W. 22 TERRACE FROM R-2 (TWO FAMILY RESIDENTIAL) TO C-1 (RESTRICTED COMMERCIAL) (Applicant: McDonald's Corp.) --------------------------------------------- -------------------------------- Mayor Suarez: Item three, companion item. Commissioner Plummer: Now, this one was turned down technically by the Zoning Board. Mr. Guillermo Olmedillo: By the Zoning Board, that is correct. Commissioner Plummer: Well, can you tell me what was on the mind of the Zoning Board members that voted against it? Why? Mr. Olmedillo: I cannot really tell you what was on their mind, but the same... Commissioner Plummer: Well, I'm sure they expressed their opinion. They normally do. Commissioner Alonso: Neighbors... Mr. Olmedillo: The same neighbor who was here today was there at the board and she was making the arguments, the same arguments as to the people who were using these facilities after hours and they were creating a problem for the neighborhood. And I believe that they were swayed by the argument that this should be continued. And... Commissioner Plummer: But now she has expressed on the record that she feels that there is a way to control it. Mr. Olmedillo: That's what I hear. Commissioner Plummer: As a companion item, I'll move it. Mayor Suarez: Moved and seconded. Any discussion? Commissioner Plummer: I assume that's five. Mayor Suarez: If not, please read the ordinance. Commissioner Plummer: Contribution if five on each. mind, Mr. Cardenas, open mind. Mr. Cardenas: Open mind, yes, sir. Mayor Suarez: Call the roll. Is that correct? Open 142 October 25, 1990 t AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE i CITY OF MIAMI, FLORIDA, SAID ATLAS HAVING BEEN INCORPORATED IN THE ORDINANCE BY SECTION 300 THEREOF, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3301 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 28, 29 AND WEST 15' OF LOT 30 LESS SOUTH 1', MIAMI SUBURBAN ACRES AND. AS RECORDED IN PLAT BOOK 4, AT PAGE 73, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre and was passed on its first reading by title by the following vote: 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. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Cardenas: Thank you, sir. 42. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE ZONING CLASSIFICATION FOR AREA BOUNDED BY S.W. 2 AVENUE AND THE I-95 RIGHT-OF- WAY, BETWEEN THE MIAMI RIVER AND S.W. 2 STREET FROM SD-4 WATERFRONT INDUSTRIAL AND 0-OFFICE TO SD-15 RIVER QUADRANT MIXED USE DISTRICT (Applicant: Planning, Building & Zoning Dept.) Mayor Suarez: PZ-4. Mr. Guillermo Olmedillo: PZ-4 is the zoning amendment for the property that we know as Alandco. This is FP&L property which is located... Mayor Suarez: Does anybody wish to be heard against this item? -the application contained in this item? Let the record reflect no one stepped forward. Commissioner Plummer: This is a change of zoning? Mr. Olmedillo: That is correct. This is a follow up to 9500. We did it in 9500, now we're doing it under 11000 to continue the same special district. Commissioner Plummer: Let me ask a legal question. Mr. City Attorney, can someone proffer, at the time, I realize you cannot restrict a change of zoning or you cannot... Mr. Fernandez: Contract for it. Commissioner Plummer: Contract. Can someone agree that if they do not pull a building permit within a year, that they agree, at the time, to revert it back? Mr. Fernandez: Yes. 143 October 25, 1990 Commissioner Plummer: Now, wouldn't that be a lot simpler for us to do of these people who come up before this Commission and say, here's what we're going to do, change the zoning, we double the value, they never do it. Or they do something else. If they can proffer, voluntarily proffer that if they do not pull a building permit within one year that it will automatically revert back to the previous, wouldn't we be smart to do that? Mayor Suarez: I have to give you credit, you keep trying. Mr. Fernandez: The process has to... Mayor Suarez: I agree with you, it's got to be a more simpler sort of mechanical way of reverting back to the state of nature without having to go through... Commissioner Plummer: Exactly. Mr. Fernandez: It could not happen automatically. He would have to proffer and voluntarily agree that we would engage the City in the same process of reverting back to the old zoning classification. Commissioner Plummer: Did he agree to the process? _ Mr. Fernandez: Yes, that he would proceed through the process. It couldn't be done automatically. Mayor Suarez: Almost every other right that is granted by government, or concession, or modification of an existing right, if not exercised by a certain time, you can lose it, you can waive it, you can estopped from taking advantage of it, et cetera. Anyhow... Commissioner Plummer: This is first reading? Are you representing Alandco? UNIDENTIFIED SPEAKER: Yes. Commissioner Plummer: Well, you understand what I'm looking for in the second reading? Gilberto Pastoriza, Esq.: For the record, my name is Gilberto Pastoriza, I'm an attorney with the law firm of Fine Jacobson Schwartz Nash Block and Englund. Mayor Suarez: The moment you say anything other than identifying yourself, we're going to have to swear you in. Are you going to have to give us anything other than answering a question for the record as to who you're representing because, if not, I won't even bother with that, Gilberto. Mr. Pastoriza: Unless they're... Commissioner Plummer: Do you understand what I'm looking for? If you don't, speak to my learned counsel over here. Mr. Pastoriza: I'm going to have to be sworn in because I have to answer that question. Mayor Suarez: Yes, please swear him in, it doesn't sound like we're going to... AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Pastoriza: For the record, Gilberto Pastoriza, with the law firm of Fine Jacobson Schwartz Nash Block & Englund with offices at One CenTrust Financial Center. This is merely a ministerial zoning change. This Commission, back in February 15, 1990, under ordinance 9500, approved this type of zoning for this property. So all this Commission right now is doing is bringing the new zoning according to ordinance eleven hundred, or eleven thousand. Commissioner Plummer: But you're not indicating, sir, that we can't change our mind. 144 October 25, 1990 i Mr. Pastoriza: Well, I believe that when the zoning is granted, the zoning goes with the property and it doesn't really have to be tied down to pulling of building permits. That zoning -goes, you know, with the property until such time as the property gets rezoned. Mayor Suarez: Oh, I think he was hinting at possibility of a voluntary contribution. I just... Mr. Pastoriza: I'm not, at this point... I can't answer that question to you at this point. Mayor Suarez: I guess... Commissioner Plummer: No, excuse me, I was not referring to the donation now. Mayor Suarez: No? Oh, OK, because they... Commissioner Plummer: No, because when we talked to Florida... Mr. Pastoriza: If I could address the building permit on this issue. Commissioner Alonso: The donation was in at that time. Mayor Suarez: Yes, the donation was made. Commissioner Plummer: Excuse me, the donation was in, the landscaping plan, the riverfront dedication was in. I'm not speaking to that, sir. I'm looking - and I'm going to be looking on every zoning application from this day forward. Mayor Suarez: Well, when are you going to actually do something over there? Mr. Pastoriza: OK, by the way, as we speak, as we speak right now, S.W. 3rd Street has been in the process of being improved. Commissioner Plummer: S.W. Ist Street doesn't touch this property. Mr. Pastoriza: Third Street, Third Street. Commissioner Plummer: I thought you said First, all right. Mr. Pastoriza: Third, Third Street. Right now, they have trucks and bulldozers working out there improving Third Street. Also, all the building plans for the first building... Mayor Suarez: We appreciate your fixing the infrastructure. When are you going to build a building that we were told that you needed this rezoning for? Mr. Pastoriza: OK. The building plans have already been through your Building Department. So, it's just a question of finalizing approval of those plans and pulling the permit thereafter. Mayor Suarez: OK. Great. Is that the one that's - how many square feet? Mr. Pastoriza: Two hundred thousand square feet, ten stories. Mayor Suarez: All right. Commissioner Plummer: Yes, but I'd rather get them to agree to it, OK? Mayor Suarez: OK, we've got some activity there it sounds like. Commissioner Plummer: Well, sir, you'd better come... there's certain things I don't want to say on the record. Guy Sanchez called each one of us about today and that's what really concerns me in this particular issue. This is Alandco, a division of Florida Power & Light. 3 Mr. Pastoriza: Yes. Commissioner Plummer: OK? It's concerning me... Mr. Pastoriza: Let me address that to you, the... 145 October 25, 1990 Commissioner Plummer: Well, sir, I was going to do it with you in my office. If you want to put it in the public record, that's up to you. Mr. Pastoriza: Well, you know, we are very bullish about this project. We're moving forward on this project as evidenced by the work that is being done out there now. And the project is a viable project. Commissioner Plummer: We understand that, sir. But, you also have to have money to do the project. Mr. Pastoriza: I understand. Commissioner Plummer: OK. Hey, come see me before the second hearing. Mr. Pastoriza: OK. Commissioner Alonso: I move. Mayor Suarez: So moved. Commissioner Plummer: I'll second it, I mean, I've got reservations, but I'll second it. Mayor Suarez: Seconded. 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 AREA GENERALLY BOUNDED BY SOUTHWEST 2ND AVENUE AND THE I-95 RIGHT-OF-WAY, BETWEEN THE MIAMI RIVER AND SOUTHWEST 2ND STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM SD-4 WATERFRONT INDUSTRIAL AND 0-OFFICE TO SD-15 RIVER QUADRANT MIXED USE DISTRICT; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote: 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. 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. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: Voting yes and telling you that I reserve the right to change my vote at the next hearing. Commissioner Plummer: With those same reservations, I vote yes. Mayor Suarez: Yes, and I too, want to see you between now and the second hearing - second reading. COMMENTS MADE FOLLOWING ROLL CALL: Mr. Pastoriza: Thank you. 146 October 25, 1990 6 43. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION FOR VACATION AND CLOSURE OF TRIANGULAR PORTION ON SOUTH SIDE OF N.E. 69 STREET LOCATED 1032' EAST OF BISCAYNE BOULEVARD AT THE CURVILINEAR PORTION OF SAID STREET (Applicant: Vendome Equities, Inc.) (See label 52). ------------------------------------------------------------------------------ Mayor Suarez: PZ-5. Vice Mayor Dawkins: Move it because he's got to leave. Mayor Suarez: Moved. Does anyone wish to be heard on item PZ-5? -street closure? Let the record reflect that no one stepped forward, presumably to oppose it, and, Alberto, I guess you're favor. Mr. Alfred Gonzalez: Mr. Mayor, we're here in favor. Mayor Suarez: And if it's not controversial, and it's been moved by... Commissioner Plummer: Wait a minute, wait a minute. What is this? Mayor Suarez: Vice Mayor Dawkins, PZ-5. Commissioner Plummer: PZ-5. Abandon an alley or what? Commissioner Alonso: Yes, is that that triangle? Mr. Gonzalez: It's a triangular piece of property next to 69th Street. Mayor Suarez: OK, that probably isn't anything you're not going to tell us the truth about, but why don't we swear him in if we're going to have inquiry by Commissioners. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Gonzalez: My name is Alfred Gonzalez, I'm an attorney with Adorno and Zeder with offices... Commissioner Plummer: Are you a registered lobby with the City, sir? Mr. Gonzalez: Yes, sir. Commissioner Plummer: With the City. Mr. Gonzalez: Yes, sir. Commissioner Plummer: OK. Mr. Gonzalez: I'm an attorney with the law firm of Adorno and Zeder with offices at 2601 South Bayshore Drive. Basically, what we're asking the Commission today is a ministerial housekeeping request because the triangular piece of property, because of the logistics of 69th Street, really is unusable as a further street or road for the City. In addition to that, already improvements such as a wall and a private road have been permitted and constructed. We'd just like to bring the reality of the situation to conform to the records... Commissioner Plummer: And you're asking that that property be given to you, of course. Mr. Gonzalez: Yes, sir. Commissioner Plummer: And how many square feet is that, sir? About five thousand square feet? A hundred by fifty? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: Wow! That's a lot of value! 147 October 25, 1990 Mr. Gonzalez: We understand that, sir. Commissioner Plummer: How well do you understand it? What is the average square foot price in that particular area? Ten dollars? Twenty? -times five thousand. A hundred thousand dollar piece of property? Commissioner Alonso: This is Bayside area? Vice Mayor Dawkins: Give or take a few dollars. Commissioner Alonso: Dr. Prieto, is this Bayside? Dr. Luis Prieto: Yes, it is, that's right. Commissioner Alonso: It is. Mr. Gonzalez: Commissioner, we understand what the... Commissioner Plummer: Who is the client you're... who is Vendome Equities? Mr. Gonzalez: They are the owners of the surrounding land which build the roadway that leads into - through their private property into the condominium development over here, which is the Palm Bay Yacht Club condominium. Mayor Suarez: I think he was trying to sort of get at - get a little feel for who Vendome Equities are. That sounds real good, but nice... Commissioner Alonso: We have the names here. Mr. Rodriguez: Page eight of your package. Mayor Suarez: ...feel for who they are, live human beings, Miamians, Dade Countians, Alaskans, Venezuelans.... Mr. Gonzalez: They're a business concern from France who bought this property and has been redeveloping it. Our client has a good neighbor policy there. They've upgraded the area, incurred expenses, landscaping, and tearing down some structures that were actually unsafe in that area and causing some crime and problems. There is some benefit to the City in terms of an increased tax base, once we take this property as well as the fact that the property is really already been permitted for road and there's a road built there right now and it will continue to be used just for that basis. But, in light of our good neighbor policy, we are additionally proffering $5,000 to the City. Commissioner Plummer: How much? Mr. Gonzalez: Five thousand dollars. Commissioner Plummer: That's a good neighbor policy. What is a bad neighbor policy? You're saying to me that a hundred thousand dollar value of property and you're proffering five? I mean, that's voluntarily, sir, you do what you think is best. I don't have to agree with you. Mayor Suarez: How as the... Mr. Gonzalez: We always have an open mind, Commissioner, but... Commissioner Plummer: I have another quest... sir, I can't even broach the subject. You have to volunteer. Mr. Gonzalez: I understand. Commissioner Plummer: I have a question to ask. We heard earlier, Doctor, that the concern of the people on 69th and 70th Street in relation to the barricades. How does this affect that area, if at all? Mr. Prieto: Not at all, sir. Commissioner Plummer: In relation to the barricades? Mr. Prieto: Not at all, really. 148 October 25, 1990 Commissioner Plummer: It's not going to create any other problems? Mr. Prieto: No, sir, not in that respect. Commissioner Plummer: Where is Palm Bay in relation to this thing? Mayor Suarez: Transparency, I love that term. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: I understand that. All right, and where is Palm Bay proposing to build the new addition? We were told this morning that Palm Bay was going to be building an additional - what was it - a hundred units or three hundred units? Mr. Gonzalez: Commissioner, but this has nothing to do with that. Commissioner Plummer: Sir, I'm asking where that addition would be. Mr. Prieto: I don't know... Mr. Gonzalez: I believe, and I don't represent the client, that is asking for that addition, but I believe it's somewhere out here where the Palm Bay Club is, somewhere in here. Commissioner Plummer: Where is the Palm Bay building, Doctor? That's contiguous to the other piece of property. Are you representing Palm Bay? Mr. Gonzalez: No, no, that's the Palm Bay Yacht Club condominium, that's not the Palm Bay Club that he's thinking about. That is the Palm Bay Yacht condominium, which is contiguous to the road. But, what I think you're referring... Commissioner Plummer: What's on that property now? Mr. Gonzalez: A condominium, sir, 26-story condominium. There is a road that goes through here, through the triangle into the condominium. Commissioner Plummer: OK, if you finally offer something of value that's worthwhile, what would you do with the property? Mr. Gonzalez: It would continue to be used as a road, sir. It's been permitted as a road. There's a road existing there right now that leads to the condominium. It would just... Commissioner Plummer: Through this property? But, if there's a road there now and they want to have a road there, what advantage is there for them to close it? -that they own the road, is that the.... Mr. Prieto: We gave them an easement. Just to... Commissioner Plummer: I don't understand what's being accomplished. If there's a road there today and he's saying, for the record, that tomorrow that's what they want to do is to leave the road there, what's the advantageous... Mayor Suarez: Well, one thing is that we get to tax it. But what, from your perspective.... Commissioner Plummer: What do you gain? Mr. Gonzalez: I can address that, sir. In fact, we were the ones that z brought to the City's attention that there was a problem here. There's a road that goes through here into the condominium, it's the entranceway to the condominium. It was permitted and built and it's already there and existing and the people that live here use that road to get in and out of their .� property. In fact, there is a guardhouse here that also serves to reduce crime and so forth, for this neighborhood. We then found out, by some title work that was done, that the road - that part of the road was within the road right-of-ways of the City of Miami. We then engaged in discussions with the City and there's also a wall that goes right through here, and as you see, 149 October 25, 1990 it's a triangular piece of property that would never be useful for 69th Street. So, consequently, we agreed that this was the best procedure to try to do various things. One, we transferred the liability to our clients for anything that could happen in that area. Secondly, we put it in the tax rolls so we can start paying taxes on the property which we're not at this time. Thirdly... Commissioner Plummer: But that's not to your advantage. Mayor Suarez: We're trying to figure out what you get out of it. Commissioner Plummer: Where do you stand to gain on this issue? Mr. Gonzalez: Sir, this is the entranceway to our condominium... Mr. Prieto: Access, access. Commissioner Plummer: Hull? Mr. Prieto: Access. Mr. Gonzalez: ...and by being private, it keeps the security for our condominium... Commissioner Plummer: They gain by paying taxes? Mr. Prieto: It complies with the parking access and egress requirements. It really provides them... Mayor Suarez: Oh, wait, wait, wait, he was just saying, by gaining access, we... I mean, by having it as our property, we can deny access to anybody who is not coming into our condominium. Mr. Prieto: Exactly. Right. Mayor Suarez: Up to now, the guardhouse is one of those where you kind of wave at people and hope that they're the people that are really going there for the right reason. Commissioner Alonso: We gave them an easement? Mr. Prieto: We did, yes. It was after the fact. Actually, inadvertent to the City and to themselves, they put the road on City property. So, since it was a fait accompli, this was a year ago, we permitted them... Commissioner Plummer: So their fear is we might change our mind? Mr. Prieto: Certainly. Mayor Suarez: And they want to be able to control... you would have the entire road... Commissioner Alonso: He's nasty today. Mayor Suarez: You would have the entire road then? Mr. Gonzalez: Yes, sir. Mayor Suarez: The entire road would become a private road. Mr. Gonzalez: Yes, sir.... Commissioner Plummer: Yes. Mr. Gonzalez: But after all, that road would only be useful to people going in and out of the condominium. gCommissioner Plummer: But, if they don't, they go home by water taxi. i, Mr. Gonzalez: Well, if we don't... have to increase the... we would have to open the old entranceway and, of course, increase traffic on 69th Street, but — that would be the only way in and out. 150 October 25, 1990 Commissioner Plummer: Well... Mr. Gonzalez: Well, actually, it wouldn't be the only way in and out, but... Mayor Suarez: All nighty. I'll entertain a motion on the application for the street closure or portion thereof. Commissioner Plummer: I think maybe I need some more time to study this. Mayor Suarez: Wants to study it some more. Does anybody else want to move it? Commissioner Plummer: I'll move at this point that it be deferred. Mayor Suarez: Move to defer the item. Do we have a second on the motion to defer? Mr. Gonzalez: We certainly have an open mind, if you were to move it to discuss with our clients some further... Mayor Suarez: Do you want to table it? Do you want to table it for a little while? Do you have access to your clients tonight? Mr. Gonzalez: Yes, sir, I do. Mayor Suarez: OK, table it. Commissioner Plummer: That's fine. Mayor Suarez: Half hour. Mr. Gonzalez: Thank you. 44. EMERGENCY ORDINANCE: AMEND CODE SECTION 39-17 - PROHIBIT VENDING FOR ONE-YEAR PERIOD ON FLAGLER STREET DEMONSTRATION BLOCK (N. AND S. FLAGLER STREET BETWEEN MIAMI AVENUE AND E. 1 AVENUE). Mayor Suarez: PZ-6. City of Miami Downtown Development Authority requesting emergency ordinance prohibiting vending for one year period of Flagler Street demonstration block. Does anyone wish to be heard on this item? Let the record reflect no one stepped forward. Commissioner Plummer: Is this the same? -just a renewal of what's been down there? Mr. Sergio Rodriguez: yes. Commissioner Plummer: Where's Schwartz? Joel Maxwell, Esq.: Mr. Mayor... Commissioner Plummer: Where's Schwartz? What the hell does he get paid for? f Mr. Maxwell: It is a renewal, but there's one thing you need to be aware of. Mayor Suarez: Yes. Commissioner Plummer: All right, sir. g Mr. Maxwell: The dates shown now in your ordinance would be from October the 1st to September the 30th. The dates, if you choose to act on it, should be f from this date to one year from the date. r x; Mayor Suarez: Even though we've gone beyond the prior date of expiration, I guess. 151 October 25, 1990 Mr. Maxwell: Yes, sir, it simply means... yes, and you cannot, by emergency ordinance, have it retroactive. Mayor Suarez: We can't do it retroactive... Commissioner Plummer: Let me ask you a question. Does this ordinance, as a pilot ordinance, speak to the size of the cart? Mr. Maxwell: Well, the ordinance before you right now doesn't do anything but prohibit vending on the demonstration block. It doesn't allow any vending whatsoever. Commissioner Plummer: Oh, that's all this is doing? Mr. Maxwell: That's all... Commissioner Plummer: This is not the approval of those sites that were so designated. Mr. Maxwell: No, sir. No, sir. Commissioner Alonso: No. Commissioner Plummer: OR. I'll move it. Mayor Suarez: So moved. Mr. Maxwell: What? -the new effective date? October 25th. Mayor Suarez: Appreciate your taking the item without the executive director being present as long as... Commissioner Plummer: Well, if he was here, I'd probably vote against it. Mayor Suarez: As long as the chairman is present to recommend... Commissioner Plummer: Mr. Mayor, if I may, and I'm sorry to do this to you. You know my feeling about vendors, OK? I think they are detrimental to private companies that are, you know, and I'm not going to go through that scenario. But I think there's an area of discrimination that exists. There is a man here on Grand Avenue right off of Mundy who serves, without a doubt, the best bar-be-que in this town. Only mine is better. Now, the City is individually picking on that guy to remove that vending. They don't pick on the guy with the seafood, they don't pick on the hot dog vendors, they don't pick on any else and the only reason given that they're picking on this guy is because he cooks on the location. Vice Mayor Dawkins: Fry in the field. Commissioner Plummer: In the field. OK? Now, the hot dogs are cooked on the vendors, the seafood is cooked by the vendors. All of this stuff is not pre- cooked. They have fires and propane and all of that that they do their cooking and their vendors. I want to know, from the administration, why are you discriminating against this guy? Mr. Rodriguez: What is the address again, sir? Commissioner Plummer: There is no address. He exist... Mr. Rodriguez: Area. Commissioner Plummer: He exists where the flea market is here. Almost to the corner of Mundy - not Mundy - Margaret and Grand. Mr. Rodriguez: Oh, OR. Commissioner Plummer: And if you can't find it, just follow your nose because the odor will take you right to it to buy some. Mr. Rodriguez: What if we go to your house instead? Commissioner Plummer: What? 152 October 25, 1990 1 0 Mr. Rodriguez: What if we go to your house instead? Commissioner Plummer: No, no, mine is better, I don't sell mine. Excuse me for bringing that up, but I think that it is absolutely - I'm against vendors, but if you're going to allow them, in my estimation, I'm not going to allow discrimination against that poor guy. Mayor Suarez: Is this all staged between you and Channel 4, by any chance, to give them something to cover or... Commissioner Plummer: I don't even know what they're here for. Are you here for vendors? Oh, OK. Mayor Suarez: All right. It sure isn't relevant to the item that's before US. Commissioner Plummer: Yes - well, it's a vendors ordinance that's... Mayor Suarez: Remember that what we're doing here is we're prohibiting it again for another year. Commissioner Plummer: Well, Mr. Mayor, you know I brought to your attention before and I'm going to do it again, I don't think we have any ordinance in the downtown area that limits the size of these vendors. And I'm going to remind you that I took a funeral into Gesu Church that I almost could not get the casket in because this fruit vendor had a cart that must have been 18 feet, 20 feet long, and wouldn't move it. Mr. Maxwell: Mr. Mayor, Commissioner Plummer, the ordinance does limit the size of carts. Mayor Suarez: OK, maybe it's not being particularly well enforced. Commissioner Plummer: Well, somebody better go down and enforce it. Mayor Suarez: Because some places the vendors seem like they're spilling from the sidewalk right onto the street and everything. They are huge, as Commissioner has mentioned. Commissioner Plummer: OK, I've moved six. Mayor Suarez: Moved and... second? Commissioner Alonso: OK. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance, if there is an ordinance. Yes, there is. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 39-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROHIBITING VENDING FOR A ONE-YEAR PERIOD ON THE FLAGLER STREET DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST FIRST AVENUE); CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. 153 October 25, 1990 0 Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Alonso, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10805. 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. ------------------------------------------------------------------------------ 45. AUTHORIZE ADMINISTRATION TO ADOPT TRAFFIC DIVERSION PLAN (DESIGNATED AS ALTERNATIVE NO. 3) FOR AREA OF S.W. 33 AVENUE BETWEEN S.W. 8 AND 12 STREETS TO ALLEVIATE TRAFFIC CONGESTION. Mayor Suarez: PZ-7. Commissioner Alonso: We, ah - November 8th.... Mr. Sergio Rodriguez: Seven and... Commissioner Plummer: Seven and eight was deferred. Mayor Suarez: Seven and eight were - thank you. Mr. Rodriguez: Continued to November 8th. Mayor Suarez: Item PZ-9, City of Miami Public Works Department. Commissioner Plummer: Can I see the plan that's being proposed? Commissioner Alonso: Have you reached an agreement on this item, PZ-9 with the neighbors? Mr. Rodriguez: Mr. Prieto. He's coming now. Commissioner Plummer: This is on the west side of the cemetery? Mr. Rodriguez: Yes, Mr. Prieto has told me that they have apparently have reached an agreement on this item and maybe we can put on the record right away and move on, on this. Commissioner Plummer: This is on the west side of the cemetery? Dr. Luis Prieto: We met with a group of neighbors at the local elementary school and, curiously enough, there was a concens... actually, it was unanimous, decision to have this plan in lieu of a complete barricade. Essentially, it permits egress from the neighborhood onto 8th Street to turn both east and west. It inhibits the entrance into the neighborhood but permits the entrance into the funeral home. By doing this, both the neighbors and the funeral home are serviced, but, of course, all the forming of the funeral cortege down 33rd Avenue is eliminated. In addition, since we had placed a sanitary sewer system here and damaged their median, we have accepted to repair the median curve along 33rd Street up to 12th Avenue. We will also place no parking, towaway zone, both on the east and on the west side of 33rd Avenue. Commissioner Plummer: Question. Doctor, what happens to the person who turns off of 8th Street that doesn't want to go into the funeral home? 154 October 25, 1990 Mr. Prieto: Yes, at the beginning, we will have some people trying to make a U-turn here and have to come back out of 8th Street. At the beginning, we were foreseeing some difficulties. Commissioner Alonso: Can we have some sort of a sign? Mr. Prieto: Yes, we'll have a "Do Not Enter" sign here. We will also have a raised curb here and the nose of the curb to avoid people simply continuing over the striped area and against the one way direction here. So, there will be a minor adjustment time for a few months and then I think it will settle down to compliance. Also, notice that the curb has been moved back so that they can enter and egress this 100-unit apartment complex at the corner of 9th Street right here. This is the property line between the funeral home and that apartment complex, and this is a driveway here. So, I think it accommodates everybody. It was a unanimous approval by the neighbors. Commissioner Plummer: If that's the case, I move it. Commissioner Alonso: That's great. I second it. Mayor Suarez: So moved and seconded. Any discussion? Mr. Rodriguez: You might want to check if there's anybody here? Mayor Suarez: Is there anyone here on item PZ-9 that we've been discussing? And, if so, are you supportive? Ustedes apoyan el concepto? If there's anybody that's against? Hoy alguien que este en contra de este plan? Let the record reflect, no one stepped forward. OK. Maybe if we get some smiles. All right, we have a motion and a second. Any discussion? If not, please call the roll. Commissioner Plummer: Nine. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-846 A MOTION DIRECTING THE ADMINISTRATION TO ADOPT THE TRAFFIC DIVERSION PLAN REFERRED TO AS ALTERNATIVE NO. 3 (AS MORE CLEARLY IDENTIFIED ON DOCUMENTS FILED WITH CITY CLERK ON THIS DATE) FOR S.W. 33 AVENUE BETWEEN S.W. 8 STREET AND S.W. 12 STREET, IN AN ATTEMPT TO ALLEVIATE TRAFFIC CONGESTION. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: 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. Commissioner Alonso: Congratulations, Dr. Prieto. Mayor Suarez: Congratulations, Dr. Prieto, is right. Mr. Maxwell: Mr. Mayor... Mayor Suarez: Yes, sir. Mr. Maxwell: Just point of clarification, Mr. Mayor. Mayor Suarez: Yes. Mr. Maxwell: I just think the record should be clear that the alternative you selected was alternative number three. 155 October 25, 1990 1w Mayor Suarez: Alternative three was voted on, right. Thank you, Mr. City Attorney. Yes, sir? Give us your name and address. Mr. Alejandro Gonzalez: Alejandro Gonzalez, 3310 S.W. 10th Street... Commissioner Plummer: Swear him in. Mayor Suarez: You have to swear. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr. Gonzalez: First of all, the no parking, towaway zone, would those be on the median too? Mr. Prieto: No, sir, we're putting them on the east side of 33rd Avenue, west side, not on the median. Mr. Gonzalez: Because that's also a problem where a lot of cars park right on the median. Mr. Prieto: That's because you don't have a curb. We're replacing those curbs for you. Mr. Gonzalez: OK, so on llth Street, there's also an island, cars also park there. Would that also be repaired? Mr. Prieto: Yes, all the way down to 12th. Mr. Gonzalez: And the last question. I didn't really want to touch on this now, but on the closure, who would be paying for that? It's not a closure, really, it's... you're not closing it, so I don't think it's really falls under that... Mr. Prieto: We will pay for it. Mayor Suarez: OK... Mr. Gonzalez: Thank you very much. Mayor Suarez: Thank you. Gracias. All right, call the roll, if we haven't already. Commissioner Alonso: We already did our vote. Mayor Suarez: Thank you. 156 October 25, 1990 4 46. SECOND READING ORDINANCE: AMEND 11000 - BY AMENDING OFFICIAL SCHEDULE OF DISTRICT REGULATIONS AND ARTICLE 4 ZONING DISTRICTS, R-2 TWO FAMILY RESIDENTIAL DISTRICT, PERMITTED PRINCIPAL USE, R-3 MULTI FAMILY MEDIUM DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, R-4 MULTI FAMILY HIGH DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, AND 0-OFFICE, CONDITIONAL PRINCIPAL USES - TO CORRECT ERRORS BY REFINING DISTANCE REQUIREMENTS AND REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY BASED RESIDENTIAL FACILITIES (CBRF) (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------------------------------------------ Mayor Suarez: PZ-10. City of Miami Planning Department... Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ-10 is second reading ordinance to conform zoning ordinance 11000 with state law with regard to community based residential facilities with clients of fourteen and under. Remember, the state has now exerted their prerogative in zoning for those group homes. Vice Mayor Dawkins: Move it, this is second reading. Mayor Suarez: Moved, second reading, was approved by Planning Department, Planning Advisory Board. Commissioner Plummer: What is that distance requirement? Mr. McManus: They're in the single family districts for group homes that have seven clients or less, I believe the distance requirement is 500 feet from any R-1 district. And if you go to an R-2 district with clients from seven to fourteen, then you get up to twelve hundred feet between facilities. Commissioner Plummer: Now, does that mean that state has superimposed all regulations of this state, of this City, that in a given area, as we fought with up in the Curley High area, that every five hundred feet they can put in another community based home? Mr. McManus: If you're in single family and duplex. And what you get in the multi -family districts and you get into a larger facilities, that is, fifteen clients, then the City can again exert control. Commissioner Plummer: But, in other words, what you're saying is - because I want the people of that area to know that this was a state imposition as long as we will remember how loud and how long they came before this Commission demanding that they've had enough that all of these outfits were in their area. Now, somehow or another - Mr. Mayor, were you here at that time? I know Dawkins was. I don't want those people up there, who we gave, in good faith, and tried everything in our power to say, hey, we'll take our fair share. What you're saying to me now is, we have no choice, the residents of our City have no choice that they can put one of these facilities every 500 feet. We're not doing that to them. Now, to me, that's unfair. Let me ask you this question. As I recall, one of things that we did was that we said, not only was there to be a distance requirement, but that if, in fact, we would accept them after the rest of the cities of this county picked up their fair share. Can we still impose that? In other words, don't tell me that none of the kids that are in these homes come from Coral Gables or come from Miami Shores or El Portal where none of these facilities exist. Mr. Maxwell: Mr. Mayor, Commissioner Plummer, what the state has said that what the state has established is a threshold and they've said that if the facility has less than seven or fourteen, depending, you cannot do anything. So the answer to that question is, if they have fewer than seven clients, there's nothing we can do about it. And the answer will be yes, that's correct. There's nothing we can do if it's of that minimal size. Commissioner Plummer: So, in other words, they can put all of these facilities in the City of Miami, even though the kids come from other 26 municipalities. Mr. Maxwell: Correct, what the state... 157 October 25, 1990 4 Commissioner Plummer: That is wrong. Mr. Maxwell: They're saying you treat it just like any other family. Commissioner Plummer: That is wrong. OK, I just... you know, I want to remember to those people up there who we tried to help and tried to accommodate in the interest of fairness, that this is... Vice Mayor Dawkins: Well, if we... Commissioner Plummer: ...that we have no choice. This is mandated. Vice Mayor Dawkins: But if we vote it down, they're going to do it anyway, right? Commissioner Alonso: Are you sure? Mr. Rodriguez: We could follow the law. Mr. McManus: State law. Vice Mayor Dawkins: Beg your pardon? I can't... go ahead. Mr. McManus: It's state law. Mr. Rodriguez: It's a state law so we have... Vice Mayor Dawkins: But see, the state law... but all I'm saying, the same thing J.L. is saying, we gave our word that this would not happen. So, for me now to sit here - which I'm not going to do - and vote that I approve this, then I'm going against my word, so I'd rather vote against it and go ahead, it's a state law, and tell them, yes, I voted against it and the state did it. Commissioner Plummer: You know, I just... Mr. Rodriguez: The only thing I can tell you... Mr. Maxwell: You're obligated to follow the law, Commissioner, and... Vice Mayor Dawkins: Beg your pardon? Mr. Maxwell: You're obligated to follow the law and right now, the law says that if there are fewer than seven or fourteen, under certain circumstances, there's nothing we can do... Commissioner Plummer: I thought that the City could supersede and make more stringent the laws in the state, but we couldn't make them less. Mr. Maxwell: Well, unless you're preempted and the state has preempted this area. Mayor Suarez: Because there's an area of preemption. Mr. Rodriguez: What we did in one case recently, about two or three months ago, we had a meeting with the people from the northeast area and we invited - I think the meeting was called by a legislator - and they voiced their concern about this and we directed them to the legislator to be able to discuss this with them and tell them that Tallahassee... Commissioner Plummer: How many legislators showed up? Mr. Rodriguez: There was one person that called the meeting and she was the only one was there at the meeting. Commissioner Plummer: Well, I'm going to go on the record that I am only voting favorably for this because I am forced to do so by the State of Florida. I find it objectionable. I find it unfair and I find it wrong, but I am so informed by my City Attorney that I have no choice. Mayor Suarez: OK. Do we have a motion on the item? 158 i s t October 25, 1990 Mr. Foeman: It needs a second, Mr. Mayor. Mayor Suarez: We need a second? Vice Mayor Dawkins: Second. Mayor Suarez: Second, thank you. Read the ordinance. Call the roll. We need a second on that motion. Victor, would you second it? We have the same mover as the second. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: In English, please, thank you. All right, moved and seconded. We've read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS AND ARTICLE 4 ZONING DISTRICTS, R-2 TWO FAMILY RESIDENTIAL DISTRICT, PERMITTED PRINCIPAL USE R-3 MULTI FAMILY MEDIUM DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, R-4 MULTI FAMILY HIGH DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, AND 0-OFFICE, CONDITIONAL PRINCIPAL USES, TO CORRECT ERRORS, BY REFINING DISTANCE REQUIREMENTS AND REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY BASED RESIDENTIAL FACILITIES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of September 27, 1990, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner De Yurre, 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 J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10806. 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. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Only with a gun to my head do I vote yes. 159 October 25, 1990 E E ------------------------------------------------------------------------------ 47. FIRST READING ORDINANCE: AMEND 11000 - DELETE ARTICLE 7. HC HERITAGE CONSERVATION OVERLAY DISTRICTS - SUBSTITUTE NEW ARTICLE 7 (HP HISTORIC — PRESERVATION OVERLAY DISTRICTS ) - PROVIDE FOR: INTENT, APPLICANT OF DISTRICT, EFFECT OF DISTRICT, HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PRESERVATION OFFICER, CONDITIONAL USES AND DEVIATIONS AND APPEALS (Applicant: Planning, Building & Zoning Dept.) ------------------------------------ ----------------------------------------- Mayor Suarez: PZ-11. Vice Mayor Dawkins: Is PZ-11 the same thing, Mr. City... Mayor Suarez: Related item? UNIDENTIFIED SPEAKER: No. Mr. Sergio Rodriguez: No. Mayor Suarez: No overlay district, HP preservation. Which one is this? Ms. Sarah Eaton: Mr. Mayor, members of the Commission... Mayor Suarez: This is all, the collective one for all the ones we did before, Sarah? Ms. Eaton: Correct. This PZ-11, 12, and 13 are companion items related to historic preservation that are being brought to you at your request. If you would like, I can summarize the provisions of the three ordinances. Mayor Suarez: Is anyone here to be heard on PZ-11? Let the record reflect no one stepped forward. I'll entertain a motion on it. Do you have enough in the record at this point for us to vote? Ms. Eaton: Mr. Mayor, we have met with several of the City boards, as well as members of the public and there have been some requested amendments that we would like to present to you. First, the Heritage Conservation Board and Planning Advisory Board recommended the name of the board be changed to Historic and Environmental Preservation Board. The Planning Department had recommended Preservation Board, but we don't object to the name. Mayor Suarez: Oh, whatever name sounds good is good to me and to everybody else, please. Go ahead. Commissioner Plummer: Big deal! Ms. Eaton: OK. The Miami Board of Realtors recommended several changes. First, that notice requirements should be spelled out and the notice to owners should include a copy of the designation report. Planning Department concurs. Second, that the City Commission should be able to overturn designations approved by the board by a three -fifths vote, Planning concurs. Fourth, that the fee schedule section of the City Code should be referenced so that the individuals can easily determine any fees. We concur with that. Commissioner Plummer: Thats for those who are asking for it be designated. It does not apply to those people who are being imposed upon. Ms. Eaton: That's correct. And, finally, that a fee should be specified for appeals to the City Commission concerning designations. Currently, the fee schedule consolidates all fees concerning appeals. The Commission's directive that fees cover all costs would place the appeal fee at the already established fee of $1,400 to cover advertisements in the Herald. The City Commission may wish to reduce or waive this fee for designation of appeals. Mayor Suarez: What do you recommend on that? Ms. Eaton: Well, the Commission's directive has always been that fees for appeals should cover all costs. Commissioner Plummer: Exactly. 160 October 25, 1990 Mayor Suarez: OK. Let's stick with that. Commissioner Plummer: Now, let me make sure. Nothing in this particular ordinance deviates from the fact that the most that can be done in this ordinance is to hold someone up for six months. Ms. Eaton: That's right, after six months, an owner can demolish his property. Commissioner Plummer: He can do whatever he wants after six months. Ms. Eaton: He can demolish the property. Commissioner Plummer: OK. Ms. Eaton: It's no different than the present ordinance. Mayor Suarez: OK. Commissioner Plummer: OK. Mayor Suarez: All right, as to the ordinance then, I'll entertain a motion. Commissioner Plummer: Mr. Mayor, here again, I just want to put on the record that, as far as I'm concerned, we're talking about ordinances and fees, you are missing the main ingredient. I would love to see historic preservation in this community. We absolutely offer no incentives for a person to do it. Until the time comes, whatever those incentives might be, such as with the feds, as I recall, they will loan you money at 3 percent to fix your place up or rehab your place. Is that still a part? Ms. Eaton: No, sir. Commissioner Plummer: Well, there's no incentive is what I'm saying. Mayor Suarez: The most recent one was a tax incentive and I think even that's been removed now. Commissioner Plummer: Well, we gave a tax incentive, we gave help to the people down there by the 1st Street bridge. All I'm saying is, you've got to make incentives to make people want to do it and once you do that, I think you're going to have a very successful ordinance. Ms. Eaton: Commissioner Plummer, PZ-11 does retain the incentives for the change of zoning in the zoning ordinance to permit a change of use, such as was used in the Warner House and the Miami River Inn. We still are retaining that provision as an incentive. Commissioner Plummer: Well, I'm just saying you've got to find more to make it attractive to people to want to do it. I really say that. Mayor Suarez: OK... Commissioner Plummer: I'll move item 11. Mayor Suarez: So moved. Seconded by Commissioner Alonso, I can tell when she put on her glasses that was a second. Thank you. Any discussion? Read the ordinance. Yes, call the roll, please. 161 October 25, 1990 E FA AN ORDINANCE ENTITLED - AN ORDINANCE RELATING TO LAND USE, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING THE EXISTING ARTICLE 7, "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. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 48. FIRST READING ORDINANCE: AMEND CODE - ADD NEW CHAPTER 23.1 (HISTORIC PRESERVATION) - PROVIDE FOR: INTENT AND PURPOSE, DEFINITIONS, PRESERVATION BOARD, PRESERVATIONS OFFICER, DESIGNATION OF HISTORIC SITES, HISTORIC DISTRICTS, AND ARCHEOLOGICAL ZONES, CERTIFICATES OF APPROPRIATENESS, AND ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES - AMEND CHAPTER 62 - DELETE ARTICLE VII HERITAGE CONSERVATION BOARD - SUBSTITUTE NEW ARTICLE VII PRESERVATION BOARD - PROVIDE FOR: ESTABLISHMENT, MEMBERSHIP, FUNCTIONS, POWERS, AND DUTIES, GENERALLY, PROCEEDINGS, COMPENSATION, AND PRESERVATION OFFICER (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------------------------------------------- Mayor Suarez: PZ-12, companion item. Ms. Sarah Eaton: Mr. Mayor, for the record, the same comments that I made apply. Mayor Suarez: Same comments here. Commissioner Plummer: Move it. Mayor Suarez: Moved. Seconded. Any discussion? If not, please read the ordinance. Does anyone wish to be heard against this item? Let the record reflect that no one stepped forward. Call the roll. 162 October 25, 1990 E AN ORDINANCE ENTITLED - 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 VII ENTITLED "HERITAGE CONSERVATION BOARD" AND SUBSTITUTING IN LIEU THEREOF AN ENTIRELY NEW ARTICLE VII 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. _ Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 49. FIRST READING ORDINANCE: RENAME EXISTING ENVIRONMENTAL PRESERVATION DISTRICT AND SCENIC TRANSPORTATION CORRIDORS, OFFICIAL ATLAS OF THE CITY OF MIAMI, AS: THE OFFICIAL PRESERVATION ATLAS OF THE CITY OF MIAMI, FLORIDA - RELOCATE INTO NEW PRESERVATION ATLAS PROPERTIES WHICH ARE DESIGNATED AS HC-1 AND HC-2 OVERLAY DISTRICTS IN 11000 ZONING ATLAS - RENAME AND CLARIFY RELOCATED HC-1 AND HC-2 OVERLAY DISTRICTS ACCORDING TO THEIR HISTORIC CLASSIFICATION (i.e., HISTORIC SITE, HISTORIC DISTRICT, OR ARCHEOLOGICAL ZONE) - RETAIN DESIGNATION IN SAID ATLAS OF ALL PROPERTIES SHOWN THEREIN AS HC-2 OVERLAY DISTRICTS, IN ADDITION TO THEIR BEING IN SAID PRESERVATION ATLAS - RENAME SAID HC-2 OVERLAY DISTRICTS IN SAID PRESERVATION ATLAS AS HP OVERLAY DISTRICTS (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------------------------------------------ Mayor Suarez: PZ-13. Commissioner Plummer: What does this one do? Ms. Sarah Eaton: Mr. Mayor, the same comments as well. Commissioner Plummer: Well, wait a minute, wait a minute. Is this establishing new districts? Ms. Eaton: No, sir, this is just renaming... Mayor Suarez: Procedure... Ms. Eaton: ...the existing environmental preservation atlas and consolidating all EPDs and historic sites into one atlas. Commissioner Plummer: Move it. 163 October 25, 1990 Mayor Suarez: Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - 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 ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; RENAMING AND CLARIFYING SAID RELOCATED HC-1 AND HC-2 OVERLAY DISTRICTS IN SAID NEW HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS ACCORDING TO THEIR HISTORIC CLASSIFICATION; FURTHER, RETAINING THE DESIGNATION IN SAID ZONING ATLAS OF ALL PROPERTIES SHOWN 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 DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------ 50. FIRST READING ORDINANCE: AMEND 11000 - AMEND OFFICIAL SCHEDULE OF DISTRICT REGULATIONS - ADD ASTROLOGERS, PALMISTS, FORTUNE TELLERS AND PHRENOLOGISTS AS PERMITTED PRINCIPAL USES IN C-2 LIBERAL COMMERCIAL ZONING DISTRICT (Applicant: Planning, Building & Zoning Dept.) Mayor Suarez: PZ-14. Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ... Commissioner Plummer: The Walter Mercado relief bill. Mr. McManus: Is an amendment, proposed amendment, to ordinance 11000 to add astrologers, palmists, fortune tellers, and phrenologists to the CA-2 zoning district. Mr. Mayor, members of the Commission, Commissioner Plummer questioned us... Commissioner Plummer: What is a phrenologist? Is that the one that reads the bumps on your head? Mr. Sergio Rodriguez: That's the one that reads the bumps on your head. 164 October 25, 1990 4 Mr. McManus: Commissioner, these were included in ordinance 6871 starting back in at least since 1961. They were included in ordinance 9500 and they're CG-2. For whatever reason, they were left out of ordinance 11000. Mr. Genuardi has been approached by the Crystal family, among others, about why they were left out since their present situation is that they are legal non- conforming uses. And we find no reason to leave them out... Commissioner Plummer: That's fine. Mr. McManus: ...because they were in before. Commissioner Alonso: This will be only in commercial areas, not residential areas. Mr. McManus: It would be in the C-2, would be very liberal commercial areas, yes, Commissioner. Commissioner Plummer: How about industrial area? Mr. McManus: It would also be included in industrial areas. Commissioner Plummer: How about if the industrial area was the minimum? Mr. McManus: That could be changed, yes. The rationale from putting it in the C-2 district was that was the corresponding district where it was since 1961. We're just keeping it roughly the same district. Commissioner Alonso: OK, I move. Mayor Suarez: Moved. Seconded. Any discussion? If not, please read the ordinance. Commissioner Plummer: Can we get those people to interpret on Friday morning last week the dead fish and the candle outside? The dead fish and the candle outside? Commissioner Alonso: When was that? Mayor Suarez: Call the roll. Commissioner Plummer: Friday morning. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS,; TO ADD ASTROLOGERS, PALMISTS, FORTUNE TELLERS, AND PHRENOLOGISTS AS PERMITTED PRINCIPAL USES IN THE C-2 LIBERAL COMMERCIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Alonso and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner J. L. Plummer, Jr. 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. 165 October 25, 1990 [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM FROM THE REGULAR PORTION OF THE AGENDA.] 51. DISCUSSION REGARDING CONCERNS FROM NEIGHBORS OF THE SHENANDOAH AREA ABOUT: (a) DETERIORATION OF AREA DUE TO PROLIFERATION OF ROOMING ARRANGEMENTS IN A SINGLE FAMILY AREA; (b) NEED FOR GREATER (STRICTER) CODE ENFORCEMENT; AND (c) HEAVY CONCENTRATION OF ACLFs IN THE AREA. Mayor Suarez: From the items, regular scheduled items, we had one right prior to Shenandoah which had to do with the report. What was that? -item 28, I believe. Mr. Sergio Rodriguez: Twenty-eight was withdrawn. Twenty-nine is the one from Shenandoah. Mayor Suarez: OK, 29 then, Shenandoah. Where's Westbrook Company? Mr. Mario Pons: Good evening. We requested this... Mayor Suarez: Don't forget to state your name and address right off the bat so we have that on the record, please. Mr. Pons: Sure. Mario Pons, 2474 S.W. 13th Street, Miami, Florida. Mayor Suarez: How many people are with you, Mario, so that we know? Where's the lady that I owe the Xerox paper to? John, you know her. UNIDENTIFIED SPEAKER: She's late. Mayor Suarez: She's late, OK. Mr. Pons: OK. We've started this association approximately one year ago with about ten young families that were concerned about the signs of deterioration that we had seen in this neighborhood. Many of us have lived in this neighborhood all our lives and we thought that it was about time that we did something about some of the problems that had become so obvious. And, in the past year, we have grown to the point where today, we have a 175 property owners that are members of the Shenandoah West Little Havana Homeowners Association. And our boundaries are from S.W. 8th Street to Coral Way, from S.W. 12th Avenue to S.W. 27th Avenue and we call this neighborhood Shenandoah West Little Havana. One of our primary concerns, and for those of you that have been at our meetings, and you know that we hold our meetings in both English and Spanish, which makes it kind of interesting. And one of the things that I've seen and we'll have somebody come up and say it in English and then five minutes later we'll have somebody come up and say it in Spanish, which has been scot of a running motif throughout our meetings is code enforcement. The residents of the Shenandoah West Little Havana area are very concerned about code enforcement. We have been working... Mayor Suarez: Mr. Assistant City Manager, cut through this at this point. What does it take to do a code enforcement sweep, such as what was done in the northeast for the last few months? Mr. Rodriguez: Actually, I would like to hear a little bit more from Mr. Pons because I believe that we were doing a good job with the enforcement in the area. We have a tremendous amount of cases that have been brought before the Code Enforcement Board... Mayor Suarez: There's a real problem with units, in addition to the permitted ones being used for rental. That's one of the biggest concerns. Mr. Pons: Yes, that's... 166 October 25, 1990 Commissioner Plummer: Well, I think the answer to your question is to request the Fire Department to do in that area what they've done up there. - Mayor Suarez: That's... Mr. Rodriguez: We can do the sweep, but I am really concerned about whether we're missing anything on this because, in reality, we have been going through the area and the amount of cases that we have been bringing before the Code Enforcement Board from this area, is fairly large. Mr. Canton is here that can answer any questions on this. We have a map showing all the tremendous amount of cases that we have. Maybe I'm missing something, and I would like to hear whether there is something in specific that we might be missing at this point because we felt that we were really doing a good job on this. Mayor Suarez: And that report the Commissioner is showing me with all the compliance and noncompliance and not in violation, et cetera, is that our own report? Mr. Rodriguez: Let me show you. Mr. Canton has here a board that shows Mr. Pons: Let me interject. I mean, the purpose of our coming here is not in any way to criticize the job that the code enforcement... Mayor Suarez: Oh, no, sometimes we reach the same point at the same time. We know that we've been getting complaints in the area. We energized ourselves a little bit more. Some of them come as individual complaints and before you know it, we're, you know, at a point of juncture, you know, where we're both on the same wave length. Mr. Pons: Right. Mayor Suarez: That's all I am... but go ahead, Mario, go ahead. Mr. Pons: One of the generic type of complaints has been that many of the single family homes that, in the past, were used as single family homes, and are zoned as such, have been converted into rooming houses. They have two, three, four, apartments and what we are requesting is that a task force be assigned to specifically deal with this problem and to try to go into the area... Mayor Suarez: You mean, like a task force of our employees or a task force of volunteers and citizens? Commissioner Plummer: No, it has to be a City official there, they can't gain entrance. Mayor Suarez: You're talking our employees. Mr. Pons: Yes. Mayor Suarez: Right. Mr. Pons: And that's what we're dealing with. We're dealing with a lot of deterioration going on in the neighborhood, especially as you get on the north side toward 8th Street, in the area between 22nd and 12th Avenue. A lot of these older homes have been there for many years are being turned into rooming houses and that's having an overlapping, decaying effect on the neighborhood. You have to understand that many of the streets in this area are zoned as 50 foot right-of-ways and you can try to imagine single family homes being converted into three or four apartments. You have many cars on the street and you have an overall decaying effect of the neighborhood and that is something that the homeowners in this area are very concerned about. And we'd like to request a task force to deal with this problem and we'd like to request to see if the area inspector who has done a very good job and we aren't coming here in any way to criticize him, he's done a very adequate job. We want to see how we can get him to have a reduced area so that there is not that lag time in the code enforcement in the follow up process so that he can concentrate more on our area. And that's basically the thrust of what we're trying to get out of this is not to come here and criticize the Building and Zoning Department, but to request certain changes that will make it easier for citizens to call up and complain and give the proper information to assist the Building and Zoning Department in policing our area. 167 October 25, 1990 Commissioner Plummer: Yes, but I think what you're also trying to come about is that we're limited in the number of inspectors, OK? And I think that what I said before, if you take the Fire Department, who have a lot more personnel and it was demonstrated in the northeast, I think if we could get them to go in and do an actual sweep, and especially they are in uniform and who would gain more respect than an inspector who has the same authority, but not in uniform, I think it would have a lot more effect of what you're trying to accomplish than doing it as we are today in a very slow manner. Vice Mayor Dawkins: Mr. Rodriguez... Mr. Rodriguez: Commissioner, let me try to tell you what we're doing. In the case of the northeast, we have a task force that was composed of members of the different departments and that's the way we did it. We had a sweep of the area and there were members from the Building and Zoning Department, Solid Waste, and also from the Fire Department and, in some cases, the Police. In this particular area, the efforts that we have are basically based on a complaint basis and also our inspectors are always cruising through the area trying to find violations that you can see from the outside or any other complaints that we might have. If you asked us to go through a sweep, you know we will definitely set up a task force and we will take care of this area and fine all violations that we will find in the area. In the meantime, we are progressing with trying to address the issue of how many inspectors we might have. The Manager has instructed me to look into consolidation of other inspection services that we have in the City that might allow us to cross train inspectors that we have in other disciplines in the City and be able to for each one of them to give citations in the different type of violations that we have now, as compared to have inspector from Solid Waste dealing with this and inspector from... Commissioner Plummer: Sir, they are multiplying faster than you can keep up with them. Mr. Rodriguez: The violations? Commissioner Plummer: Yes, sir. Mr. Rodriguez: Listen, I think that we're giving... I agree. Commissioner Plummer: And the problem is, as I've tried to bring out before, this Code Enforcement Board is not what, in my estimation, it should be. You get a guy before, it takes 30-days to get him before the board. Then you give him deferments and then you give him the opportunity to look, then you give him another deferment and the people are saying to us, the day that that is determined to be a violation, why don't you close it down? That's not what you're doing. Vice Mayor Dawkins: And that's what I'm hearing... Commissioner Plummer: You're giving these guys all kinds of leeway, all... OK, you got a violation, now you be a good boy. Good boy, hell! Clamp down! (APPLAUSE) Vice Mayor Dawkins: That's what I've been hearing, Mr. Rodriguez. Not that the inspectors are not doing a good job, but I heard him say it, and I think we all heard him say is, when the problem is identified, that's it. And then, when we come back, they find the same - just like he says, if there's four houses here, and these four single family homes have been converted into three units, you got 12 units here in three houses and when he comes back next week, it's the same thing. And next month, they're going on the other street and you identify four more, but you don't remove the problem of the first four and that's what I hear - I'm hearing the problem is. Mr. Rodriguez: Let me give you an example of figures... Commissioner De Yurre: You know what is - Sergio... Mr. Rodriguez: Yes, sir. 168 October 25, 1990 i [J Commissioner De Yurre: The problem is, you know, it's so bad that we can't even remove a political sign. How long does it take to get a political sign that's illegally up? Mr. Rodriguez: It takes..... Commissioner De Yurre: A campaign is over. Mr. Rodriguez: It takes a while because in that particular case... Commissioner De Yurre: So, if we can't even put down a sign that's illegally up, imagine doing something more, you know, like illegal units or things of that nature. Mr. Rodriguez: In the case of the political sign, what we do is, we have to give the notice of violation to the owner of the property and then we get into the issue sometimes that the politician that is running for a position then claims that he didn't put over there, somebody else put it over there. And we are sending notices to them and in some cases what we are doing is, basically, giving a citation for $25 per violation. Commissioner Plummer: Twenty-five dollars. Mr. Rodriguez: Per violation. Commissioner Plummer: Any politician in the world will pay you $25 for a good sign location. Vice Mayor Dawkins: Is it any way... Mr. Rodriguez: Violation. Vice Mayor Dawkins: Is it any way that we could get with HRS or the health department or somebody and once a unit that is a single family home has been determined that it has three units in it, that you can get the health department to declare it unsafe and unhealthy and evict everybody and close it up? Mr. Rodriguez: No, I don't think we can do that. What we can do is bring the cases before the Code Enforcement Board. Just to give you an example, in June and July, in this particular area, there were 168 notices of violations that were given to people of which 52 cases were brought before the Code Enforcement Board for action by that board. The other cases, people came into compliance. The Code Enforcement Board, Commissioner Plummer, I have to differ with you and, again, that board, they don't respond to me. I mean, I think I'm being objective about it. They basically, are taking now one hundred and seventy cases per meeting. And this month, for example, they had three meetings. And they... Commissioner Plummer: I am not impressed at all with the number of cases they're handling. I am impressed the only way to measure ability is in results and the results are not there. Mr. Rodriguez: In most cases, the people come into compliance. In other cases, we have been placing fines. The fines have been accumulating, we are placing liens and we are foreclosing. Commissioner Plummer: The first time a... Mayor Suarez: That's the key in dealing with residential properties where typically single family homes in the area that we're talking about, a lien would be very, very effective and code enforcement liens are - the fines are what? -aren't some of them $250 a day? Mr. Rodriguez: Two hundred and fifty dollars a day. The only problem with the... Mayor Suarez: And anybody who doesn't comply with that is crazy. That lien mounts up. Commissioner Plummer: Let me ask you a question. 169 October 25, 1990 i Mr. Rodriguez: But that's when it's not effective, Mr. Mayor, because in the case of liens that we put on residential property and single family, we have homestead exemptions in this particular case in which we cannot - I believe we cannot foreclose on them. And, in that case, we really have our hands tied on that. Commissioner Plummer: But you can put a lien against it until the day the house is sold. Mr. Rodriguez: I know, but.... Commissioner Plummer: The question is this, OK? The first time it's heard by code enforcement, is there a finding of guilt or innocence? Mr. Rodriguez: Yes. Commissioner Plummer: OK. At that particular time of a finding of guilt, is automatically a fine imposed until... Mr. Rodriguez: Yes, there's a fine. Commissioner Plummer: You're wrong. Mr. Rodriguez: There's a fine of the cost of the hearing. Commissioner Plummer: You are wrong! That doctor on Bayshore Drive, who has been before the code enforcement for over four months and not a fine has yet to be imposed. You are saying to me that you're giving him right to go out and look for another office. That's been going on for four months and that... Mr. Rodriguez: I think I gave you a report on that. Commissioner Plummer: Excuse me? Mr. Rodriguez: I believe I gave you a report on that and we gave you a fine. Commissioner Plummer: You gave me a report, but there's no fine being imposed. Mr. Rodriguez: Well, in that particular... Commissioner Plummer: And you know what? If you don't hit him with $250 a day, he's going to laugh at you. The neighbors are saying to me, what the hell good is your code enforcement? -and I have to say, I don't know. There's no results. Commissioner De Yurre: J.L., let me suggest something because I think that we have a mechanism that we have a board and I think that the board is doing a credible job based on the procedure that exists and I think what we have to visit, us, as legislators, to see how we can come up with stricter rules, stricter... Commissioner Plummer: Well, we're somewhat governed by state also, Victor. Commissioner De Yurre: Well, then, within those, you know, within those parameters, let's come up with the strictest that we can be and let's push it and let's put, you know, get some people out there. You know, what does it take from a psychological standpoint, what does it take an individual, what makes them avoid having to come before us... Commissioner Plummer: A deterrent. Commissioner De Yurre: That's right. Commissioner Plummer: A penalty that acts as a deterrent. And when you find someone guilty, and you start a fine of $250 a day, that's when they're going to start coming in compliance, because they know you got teeth and you got clout and you're going to enforce it. Commissioner De Yurre: OK, but that exists. Don't we have that in the books already? 170 October 25, 1990 Commissioner Plummer: They don't do it. They don't do it. Commissioner De Yurre: So, it's a matter of enforcing our laws. Mr. Rodriguez: Commissioner Plummer, the fines are being imposed, they have been done, basically they have been accumulating, in some cases, people don't pay the fines. One of the issues that where we are not sometimes effective is that when we place a lien on a property, we're fifth in line in collecting. Commissioner Plummer: I understand that. Mr. Rodriguez: And one of the things... Mayor Suarez: OK... Commissioner De Yurre: Yes, but don't you know they're technically in violation, most of these homes have mortgages, they are technically in violation of their mortgage and they are in default if they allow any lien... Mayor Suarez: By having even a subordinate mortgage, yes. Commissioner De Yurre: .or anything of that nature to be placed on the property. Mayor Suarez: Even a subordinate lien is a violation. Well, we have to be more aggressive and anything you can think of, please bring to our attention. Commissioner Plummer: Yes, do me one favor. Mr. Rodriguez: Yes. Commissioner Plummer: Of the fifty-two cases that they heard at the last meeting, send me a memo of how many were found guilty and what fines were imposed as of that day starting to run until compliance. Mr. Rodriguez: OK. Commissioner Plummer: They heard 90 cases. Mr. Rodriguez: Yesterday. Commissioner Plummer: OK, that's even better. UNIDENTIFIED SPEAKER: That was three weeks in a row, three meetings. Commissioner Plummer: How much? UNIDENTIFIED SPEAKER: Three weeks in a row, three meetings. Commissioner Plummer: OK, my point is, to hear 90 cases means nothing if you don't accomplish an end. Mr. Rodriguez: Let me give you a report of all the fines. Commissioner Plummer: Of the 90 yesterday that they heard, how many were found guilty and of those that were found guilty, how many started the fines of $250 a day until compliance? Mr. Rodriguez: And I will give you also a report of which one came into compliance so you will know... Commissioner De Yurre: OK, but also.... Commissioner Plummer: Whoa, whoa, whoa. Coming into compliance without a fine is not a detriment. Mr. Rodriguez: Right there they have to pay the cost of the meeting which is, I believe - how much, twenty five? UNIDENTIFIED SPEAKER: Fifty dollars. Mr. Rodriguez: Fifty dollars, right there. Just for coming into compliance. 171 October 25, 1990 It 1*16 Commissioner De Yurre: Yes, but fifty dollars... Commissioner Plummer: Fifty dollars, schmifty dollars! Mr. Rodriguez: The idea of this it... Commissioner Plummer: You hit them with two -fifty, they're going to listen. Commissioner De Yurre: Well, you know what I... Mr. Rodriguez: Yes, but the idea of this is try to get people into compliance, not to fine them, I think. We're trying to get people... Commissioner De Yurre: I know, but there has to be - you know, there has to be a deterrent, something that is going to make them come into compliance a lot more quickly. Commissioner Plummer: That's right. Commissioner De Yurre: Now, in that report that you're going to give... Commissioner Plummer: And when you hit them in the economic section of their guts, they'll listen. Commissioner De Yurre: You know, when you make that report, also give me some stats so I can take a look at as to the average time that it takes - let's go back a year - the average time it takes for somebody to come within compliance. How many weeks, how many months it takes, on the average, so we can have an idea as to how we're doing on that. Mr. Rodriguez: Good. Vice Mayor Dawkins: Mr. Rodriguez, are you saying that I convert a single family home into three units and I get four, just for the sake of discussion, I get $400 a month per unit, which means I'm getting $1,200 per month rent. And when I come before the board, all you charge me is $50? Commissioner Plummer: And say, be a good boy. Mr. Rodriguez: No. It depends on the case. They can get a fine of $250 and they ask them, until they remove the violation and the fine keeps running everyday while the violation is going on, if they don't remove the violation, what happens sometimes is that they try to find an administrative remedy and they come to the Zoning Board and to the City Commission - you have some cases that have come before you - of people that have been trying to find a solution to that problem they have of the fine that they have. But, in the meantime, what they don't have the property in compliance, the fine is running and the fine is running at the rate of $50 to $250 a day... Commissioner Plummer: One question, then I'll quit. Mr. Rodriguez: and if it is a double second offense, it can go to $500 a day. Commissioner Plummer: One question and I'll quit. Vice Mayor Dawkins: Fifty dollars a day. Commissioner Plummer: Is it within our purview to, as a Commission, to set a policy for the Code Enforcement Board? Mr. Rodriguez: I don't think so. Mr. Jorge Fernandez: So long as it is within the parameters of the state statute, yes. Commissioner Plummer: Could we establish a policy that says that when someone is found in violation, that they are fined immediately $250 a day until compliance? Is that within our policy? 172 October 25, 1990 Mr. Fernandez: I think that there has to be due process and an opportunity to be heard on this issue. Whenever you assess... Commissioner Plummer: I'm saying, when found... they have due process, they have their day in court, and if they're found guilty, from that day forward until compliance, can they be fined? Mr. Fernandez: Sure. They are fined from the day of the hearing. Commissioner Plummer: No, they're not. Mr. Fernande�: Oh, yes, they are. Commissioner Plummer: You see... uh uh... Mr. Fernandez: Beginning on the hearing date. Commissioner Plummer: No, no, and that's where the problem comes. Mayor Suarez: OK, we're going to get a report on the performance of the Code Enforcement Board... Commissioner Plummer: See, what they're saying is now, you've been a bad boy and we're going to give you time to clear it up and sometimes this time runs on three months, four months, five months and the people are saying, what in the hell good are you Commissioners for us? This man is in violation, and you can't stop him. Mr. Rodriguez: They have to give you... Commissioner Plummer: And you know what? -they're right. Mayor Suarez: What are we arguing about? Let's get the report. Let's get a report on a typical board meeting and what the impositions were. Mr. Rodriguez: But, they have to be given reasonable time to cure the problem. Commissioner Plummer: Not if they're guilty! Mayor Suarez: Based on what, Sergio? Mr. Rodriguez: Well, I've been told by... Commissioner Plummer: If they're guilty, they're guilty! If I go to court and they find me guilty for speeding, I pay a fine right then. The judge doesn't say to me, now, I'm going to give you time to go out and correct your speeding. He says, you are guilty and you pay a fine. Now, why in the hell isn't it in this case here? Mayor Suarez: Is there anything in the law that says you can't fine them automatically and that... Commissioner Plummer: That's what I'm saying. Mr. Fernandez: Well, not in our ordinance. Our ordinance says that the board must give them a reasonable period to cure. I'm looking at the state statute to see if the state statute is silent or gives us more flexibility because if it does, then arguably, we can modify our ordinance. Mayor Suarez: Please! All right, while we do that, Mario, continue with the presentation. That should like we're really going to add a lot of teeth now. Commissioner Plummer: That's right. That's why I've been trying to say for a long time. Mayor Suarez: A lot of people are going to be hit with a fine the very day that the board finds them in violation. And that's... (APPLAUSE) 173 October 25, 1990 4 Mr. Pons: Obviously, the bottom line is compliance and what we'd like to see Is enough inspectors to, after we have this sweep and we understand that there will be a sweep, that there is enough of an inspector in the area to be able to follow up on these cases because like Commissioner Dawkins says, if you're receiving $1,200 per month from one of these single family homes turned into three apartments, I mean, the reward is there to play - come into compliance and once the inspector turns around and gives them that certificate of compliance, they turn around and they run their dry wall right through the house and put three apartments again. Now, what can we do about these recurring cases and what can we do about these cases that we find and the liens keep on building up? Is there a point where we could foreclose? Where we could bring the house into true compliance instead of just building this enormous lien that we never hope to collect on? Commissioner Plummer: I don't think you can displace somebody out of their home. Mr. Rodriguez: In single family I believe you cannot do that. What I think, from what I'm hearing from you today, and besides the report that I will provide all of you as to the history of the action of the board and also the research that the Law Department is looking into to see whether we can start establishing the fine immediately. Based on your concerns, I think you want us to start a sweep of the area and we will coordinate that as soon as possible and I will talk to the different departments and make sure that we go through the whole area. Mayor Suarez: Mr. City Attorney, one other question on the homestead exemption as a defense to the liens, does anything preclude us from exerting the claim and waiting for them to interpose the defense? Mr. Fernandez: No. Mayor Suarez: Because I think a lot of people would really, really begin to pay up, or at least the violation if they were faced with a demand and then a lawsuit. A lot of them, it would turn out, could not claim homestead exemption. Some, frankly I hate to say it, but some might not be able to afford to be hiring lawyers to do it. And in the meantime, at least, they... you know, we're not out there to try to, you know, extract blood from anybody, but we just want them to comply with the code. Mr. Fernandez: And perhaps also by following up in what you suggested that a filing of a lien, the mortgage would consider that to be a default... Mayor Suarez: Notification, as Commissioner De Yurre mentioned, notification to the prior mortgage holder of an imposition of a lien will... Mr. Fernandez: May apply pressure. Mayor Suarez: Yes. So, we're going to pursue all of these avenues. Mr. Rodriguez: May I suggest also two possible areas. Maybe, if you instruct us, we can pursue with the state legislation that will place our liens in a higher priority, number one, and second, that maybe we can look into the idea of ticketing as compared to going through the Code Enforcement Board in some cases. Mayor Suarez: Ticketing the individual. Mr. Rodriguez: Ticketing the individual directly. We have been some problems... Mayor Suarez: Fines imposed on the individual, yes. Mr. Rodriguez: Directly, and depending on the type of violation. Simple violations might be handled by a ticket that can be done by the inspector and in that way, you don't have to go through the process... Mayor Suarez: If you're going to get that creative, figure out a way to ticket them so that it somehow impinges on their ability to drive an automobile or their registration of the automobile. In other words, you know, we want to add more teeth to it. We think we've improved a lot at Shenandoah, as you stated, Mario. But we can do better. And, by the way, don't hesitate 174 October 25, 1990 to continue giving us all the information as you get it and working with us. You've done a magnificent job. This was not happening in that area a couple of years ago. Mr. Pons: We've set up a code enforcement coordinator that's working with Building and Zoning and the inspector in the area. I have a question. We have been told that if an inspector goes to check on one of these illegal rooming houses and he is not allowed inside the house, that if there is circumstantial evidence that there is a rooming house there, that the property owner may prevent him from entering the premises? Mr. Fernandez: I didn't hear your question completely. I'm sorry, I was reading the state statute... Mr. Pons: OK... Mr. Fernandez: ...but if something relative to allowing people instead your house? Mr. Pons: Yes. Commissioner Plummer: If they refuse to allow you in. Mr. Pons: The inspector. Commissioner Plummer: Can they refuse an inspector of the City of Miami from going into their house? Mayor Suarez: I wouldn't spread the answer to this. Mr. Fernandez: I don't know. I need to look at that. Mr. Pons: OK. All right. Mayor Suarez: I don't think the answer is going to be one that we're going to be all excited about, so don't... Commissioner Plummer: Well, if they're not then, Mr. Mayor, how can we make a determination? Mayor Suarez: Most of the time, people let people in and inspectors of the City just by identifying themselves. Commissioner Plummer: Not if they're in violation, they aren't going to let them in. Mayor Suarez: Well, they do, thank God, but... Mr. Rodriguez: Yes, what we're doing with that is when we believe there is some evidence that there might be a violation, we give them a citation and then the person will have to tell us whether there was no violation. Mayor Suarez: We go on the presumption of what we know. Mr. Fernandez: Yes, you know, putting together... Commissioner Plummer: Guilty until proven innocent. Mr. Fernandez: I believe that no one could have access to your private home without either your consent or a lawful order signed by a judge. I don't think that a code enforcement inspector, without more, would have unimpeded right to go into your home. So, the way that they have been doing it is that, if they suspect something, they get cited and then their burden become theirs to prove that there was nothing there to be cited for. Vice Mayor Dawkins: Mr. Rodriguez. Mr. Rodriguez: Yes, sir. Vice Mayor Dawkins: Check with Florida Power & Light to see if there is one meter and there are three units, is it legal... 175 October 25, 1990 I Commissioner Plummer: No. Vice Mayor Dawkins: ...to disconnect services. Why not? Commissioner Plummer: Your liability there is awful high. Mr. Rodriguez: We have to check. Probably that will be a legal matter that we have to check, but I believe there might be some problem with that legally. Commissioner Plummer: I don't believe Florida Power & Light, the last time I heard Florida Power & Light absolutely refused unless they were under court order to do such. Mr. Rodriguez: They will not do it. Right. Commissioner Plummer: There's a liability problem. Mr. Rodriguez: You have the liability problem, the effect that it might have on life and safety and so on. Commissioner Plummer: Well, all you got to do is disconnect one electric meter in which a person inside is on life giving machines, and you know what that is. I don't think that can be done. Mayor Suarez: OK. Mr. Pons: OK, two more quick points. One of the major problems that we have been having with the residents and the citizens in the area is trying to educate them and allow them to understand how the bureaucracy works in terms of code enforcement. We'd like to suggest that the City of Miami study implementing a one call system. You call one number and you can register your complaint at that one number. We do have a citizen response unit and what we suggest, because the high rate of the calls and complaints are either building and zoning or some type of code enforcement, that somehow, some sort of consolidation occur between the citizen response center and perhaps building and zoning where they could work together in the same building and, I think that this would expedite the code enforcement problem. I think that, perhaps, some of the inspectors would be able to sit in and receive some of the calls and, of course, the inspectors always able to gather the information in a much more effective manner. And, we'd like to suggest this change. Mayor Suarez: As we cross train and try to consolidate code enforcement, I think that also you're suggesting doing it in a way that geographically, they're in the same location and that one phone call gets you to the person that can resolve your code enforcement problems, whatever they may be. Mr. Pons: Right. Mr. Rodriguez: Yes, let me tell you what we're doing on this, Mr. Mayor, what we're doing... Mayor Suarez: Right. J.L. Plummer's number at home. Commissioner Plummer: Just give the Mayor's number at home, he'll be glad to be one... Mr. Rodriguez: Let me tell you what we're doing with this, Mr. Mayor. Mayor Suarez: It really was kind of a maze of different regulations. I remember when I first came into office, it took me a while to figure out exactly what department we were dealing with each time and it really has to be consolidated and I think we're moving in that direction. You're helping us a great deal. Mr. Rodriguez: We had the citizen response center number. We also are sending - I believe I sent this last week or did this week, I'm sorry - all the civic associations which have an address, I sent them notification that we have some changes in the law. The next set of letters that we are sending to them is also the phone number they can call and the beeper number they can call during the weekend because we get complaints sometimes during the weekends and we have people working on Saturdays. In relation to the education of the... 176 October 25, 1990 Mayor Suarez: Now, there, we'll be ahead of most cities, if you're able to get a hold of people on weekends for code violations. That's quite an advance. Mr. Rodriguez: I tried all Saturday, it didn't work and I gave them a hard time. Commissioner Plummer: How many inspectors do you have working on the weekend? Mr. Rodriguez: We have two inspectors. And we basically relate to that on a call basis, you know. Commissioner Plummer: Do you know what they're doing to you? Mr. Rodriguez: Well, I - driving around, I'm sure, and getting complaints. Commissioner Plummer: Somebody on S.W. 14th Street is calling you and giving you a complaint on N.E. 88th Street to make sure the inspector is not in their neighborhood while they do what they want. Mayor Suarez: Why do you keep giving people these ideas? Don't - the record strike everything that he says from here forward until the end of this meeting. Commissioner Plummer: It's happening. It's happening. Mayor Suarez: That would be a pretty interesting little trick. Commissioner Plummer: It's happening. Mr. Rodriguez: One more thing that... Mayor Suarez: People in Miami don't do that kind of stuff. All right, Serg... Mr. Rodriguez: In relation to the education of the groups, we are also sending letters to the associations offering different groups that are willing to go at night and have meetings with them and tell them... we have a packaged representation that we can make to them of things they can do and how they can become more effective in getting in touch with us or telling us about violations or any problems they might have in the way we're handling our business. Mayor Suarez: Any other proposals, suggestions, requests? Mr. Pons: We have a question about the ACLFs. We have an area in our neighborhood on S.W. 21st Avenue... Commissioner Plummer: Were you here for the item previous? Mr. Pons: No. Commissioner Plummer: Well, you better be. The State of Florida has said, my friend, you can no longer regulate. They can have one every five hundred feet. And someone will be glad to sit down and tell you that your great legislature has said, we don't care about Coral Gables, Miami Shores, or anyone else, they now have mandated and made us just vote on that every 500 feet, if they have under seven people, they can put them every 500 feet. Mayor Suarez: But, you're talking about a bigger facility, aren't you? Commissioner Plummer: Well, this is starting with the seven or under. Mr. Pons: Yes, we're talking about a string of facilities on 21st Avenue and... Mayor Suarez: But, aren't they bigger than seven per one? Commissioner Alonso: Nineteenth Avenue... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD 177 October 25, 1990 Commissioner Alonso: Nineteenth Avenue and so on. Mayor Suarez: Aren't they larger structures than one where you're just going to have seven people, or are they single family type homes? Mr. Pons: Some of them are older, larger, single family homes... Mayor Suarez: OK, what ability do we retain on those larger ones? Commissioner Alonso: And they are growing in that area for some reason. Mr. Pons: And they're growing... and they're very badly supervised. They're always walking around. Mayor Suarez: Well, let's find out what ability we retain to regulate anything over a single family home. Mr. Rodriguez: You say, over single family homes? In the cases where we have seven to fourteen clients in the property, they have to, as mentioned before, to be 500 feet from the single family area and they can only be 1,200 feet from each other. I think the case that he might be referring to is cases in which they are controlled by our zoning ordinance and I have to find out exactly the address and I'll see whether there's any violation on that. Mayor Suarez: OK, our zoning ordinance, that would apply to what kinds of structures or uses? Mr. Rodriguez: Our zoning ordinance relate to CBRF, Community Based Residential Facilities, and depending on the kind. We have a limitation that they have to be 2,500 feet from each other and they can only be... Mayor Suarez: Don't we have also, some neighborhoods in which we have... Mr. Rodriguez: Two percent. A two percent cap on the census rack on the number of people that are served by this facility. There is an exception to this on cases, I believe, of the state and that's where we are in the middle of an area now which is kind of grey, but the state has been imposing a lot of these facilities in the City. - Mayor Suarez: Yes, but not the ones you're talking about, I don't think. Those are probably the run ones, right? Mr. Pons: We have both types. We both single family home and the, I guess it's the typical 1930s old apartment building... Mayor Suarez: Yes, but those we can regulate. Mr. Rodriguez: The large one we can regulate or look for it, so if we get the addresses now, I'm sure we're going to get them, we're going to... Mayor Suarez: And by the way, if any of those are in violation - in other words, at the beginning of their operation, they're in violation, and we catch them, we may just discourage them even if they later could somehow come into compliance - thank you - with all of our codes. So, you've got to have aggressive monitoring, when they come into the area to see if violations that exist. This was done successfully before the state started preempting us a lot. It was done successfully in the area of Edgewater. Not as successfully as we wanted, but we were very aggressive. So, you know, there's so many things that you have to comply with that you can find violations of almost anything. And, in fairness, in the case of the large structures, we can separate them by how many feet? -at least, Sergio? Mr. Rodriguez: The largest structures are supposed to be 2,500 feet from each other. Commissioner Plummer: But that's not their area of concern... Mr. Rodriguez: I know. Commissioner Plummer: ...their area of concern is the single family residence in seven and under can multiply like rabbits. 178 October 25, 1990 16 Mr. Rodriguez: All over the place. Mayor Suarez: Now, the single family residents ones, we're going to have to go to the legislature and do something. They seem to think that they're helping the community and in some ways they are, by making these things - these kinds of residential facilities available, because they really are a lot better than some of the other things, and just by being intimate is small. But they don't realize that some areas already have so many of them. I mean, they don't go to Coral Gables, they don't go to Miami Beach. Maybe they do go to Miami Beach. They don't go to Bal Harbour. A place that I was at the other day, Indian Creek Village. What an incredible place. Anyhow, they don't go to those places. They seem to concentrate in the City of Miami and in our particular neighborhoods, inner -City neighborhoods, and we have to figure out a way to explain to the legislature that what they may think is sort of "do gooder" type of legislation, is really affecting our neighborhoods and we can take a certain amount because we, you know, we help, we monitor them. But not all of them and not a disproportionate amount. Commissioner Plummer: Ask your legislatures how many of them are in Coral Gables. Ask your legislatures how many of them are in Miami Shores, E1 Portal, Golden Beach. There are none. Mr. Pons: So we do have police power... Commissioner Plummer: You got a state law that is working to your detriment. Mr. Pons: So the City does have police power over the larger ones? Mayor Suarez: Right. Mr. Pons: In terms of new ones coming up or in terms of the existing ones? Mayor Suarez: Both, I think. Commissioner Plummer: Both. Mr. Rodriguez: Right. Commissioner Alonso: Well, then I have some questions. In some areas in their neighborhood, some of the existing houses that we have known through the years, they have grown, they have purchased the adjacent properties. They've been growing. Do they have to go through a certain process? They are considered the same facility? Can they take an entire block if they so desire? Mr. Rodriguez: We have to look... yes... Commissioner Alonso: Because some of the problems that we are seeing in some areas, and I'm referring to 19th Avenue, in particular. I have seen that growing and I think it's 21st or so. Whenever you see a very tall fence, somehow, it's calling my attention and we are seeing more problems and people and I don't think that they are seven people in the property, but it seems to me that it's an enormous amount of people by the number that I see sitting on the outside, front porch, and areas around the property. Mr. Rodriguez: I think, Commissioner Alonso... Commissioner Alonso: What process do they follow? Mr. Rodriguez: Well, it depends on each case. It might be some of them that might be grandfathered from before. There might be others that might have done it illegally. I think that when we go with the sweep now of the area, this will be an excellent opportunity to establish what do we have there and what we can do to try to solve it. Commissioner Alonso: But, let me ask you the question again. If they had two buildings, in order to open a third building, even though it's adjacent to the property, what is the process? Because, to me, it's a new building. Commissioner Plummer: They're going to declare it as one. 179 October 25, 1990 A Mr. Rodriguez: Well, ideally, what they have to do in most cases when it is a new operation, they have to get a special exception and go through the process. In a particular case where they are expanding one, I don't know whether maybe the way in which they show on the application, it doesn't show what is happening, you know, and that's what I don't know the particular case. And I think it's going to be important that we look into this when we go through the areas now. Mayor Suarez: And give us a list and make sure you make available, if don't already have it, Pablo, maybe you do, a list of the properties where you think this is either happening or about to happen and we will place special emphasis as we do the sweep on those facilities to make sure they comply with all the existing regulations. Again, there's so many of them that we could probably catch them, some of them, and maybe discourage a disproportionate number from being there. Also, there are ACLFs and there are ACLFs. There are Charlee Houses and there you, you know, some people are operators of them such that they really don't affect the neighborhood. You're almost happy to have them. Some of them are operating with minimal amount of resources and they're trying to extract too much profit from them and they, you know, they're exploiting their own clients, their own patients. We don't want that anyhow, and HRS doesn't want that, the state doesn't want that. And they can destroy a neighborhood too. Mr. Pons: We're having that problem. Some of our neighbors have found these patients or clients in their back yard in the middle of the night. If you ever drive down S.W. 16th Street, eastbound at about 22nd Avenue, you find them panhandling there, I mean, on a regular basis. And we're seeing this spillover, the result of lack of supervision, I guess, and in the final analysis, what we're seeing is that we don't understand why there's such a concentration of these units in thatarea, especially around 21st Avenue. And there's others, 19th Avenue. Commissioner Plummer: Well, the one on 14th Terrace, we're constantly picking those people up with the Police Department and taking them back home. Commissioner Alonso: Even the merchants on 8th Street are complaining about the situation. Mayor Suarez: Yes. Anything further, Mario, that we should be attentive to? Mr. Pons: Just one more thing. Several months ago, the City Commission passed an ordinance to deal with the commercial vehicles and the boats and the tractor trailers and so forth. Some of our members have noticed that perhaps some of the officers on the street are not really aware of these types of violations and when they call up, they're having problems trying to get enforcement after 6:00 p.m. We'd like to request that perhaps the Police Department be asked, in our area especially, that the enforcement and when they receive complaints from our property owners and our members at 6:00 p.m. that they're aware that there is a City ordinance that's very wide ranging and covers most of these types of violations. Mayor Suarez: And those will be easy to implement by having the ticket idea. Commissioner Plummer: Well, you know, Mr. Mayor, I have to oppose that, all right, and I did before. I think our policemen have more to do than to worry about a commercial vehicle on the street. I think it's a zoning violation, I think it can be handled by the zoning inspectors, leave the policemen out to fight crime and that's - I have to disagree with you on that one, as far as policemen being the enforcement arm. We have inspectors, let the inspectors, they can cite them just as easy as they drive by, but leave the policemen to do crime work. Mr. Pons: But, how are we going to enforce that after 6:00 p.m.? Commissioner Plummer: Get the Zoning Department, they're all compassing. Usually you find that, in fact, when you speak to boats and recreational vehicles, they're there more than just after 6:00 o'clock at night. That's your big offenders. Mayor Suarez: Actually, we have discrepancy, because as has been many police officers who cannot reasons and they can be used for a bit of an internal discussion on that, a pointed out by Commissioner Plummer, we have be active for physical and other kinds of this kind of a task. 180 October 25, 1990 A A to Commissioner Plummer: Well, if that's what you're going to do, I have no problem with that, but to tie up a regular patrol car... Mayor Suarez: Yes, so with the proviso that we don't take people who would be actually doing regular crime fighting out there, patrol cars and so on, that other police officers that are available on those shifts be, or be made available, that we have at least a, you know, certain number, whatever is the desired number. Commissioner Plummer: Don't expect a response between six, seven, and eight o'clock at night. You can call it in and they will respond between midnight and 7:00 a.m. when we have slack period of time. I have no problem with that. Mayor Suarez: Yes, and if a car is going to or the vehicle is going to be there overnight, they should be able, within that period of time, in those twelve hours, or those eight hours, they should be able to go out there. Mr. Pons: Well, what we want to do is make them aware that we are concerned about this problem and as time permits, if the officers that are in the areas and, again, there's a by-product of that, we get to have the police officers come into our neighborhood and in that type of activity, they're seen and we think that that has a deterrent effect on crime also. Commissioner Plummer: I question that. Mayor Suarez: By the way, is it illegal for them to, as an association, to put a notice on a vehicle themselves? At least on the windshield saying you're in violation of the law and we are... Commissioner Alonso: Courtesy notice. Commissioner Plummer: We'll get Channel 6... Mayor Suarez: ...courtesy notice. Commissioner Plummer: We'll get Channel... Shame, Shame, on You. Commissioner Alonso: Not if you want to be a good neighbor... Mr. Fernandez: I would think it would be. Mayor Suarez: Well, anyhow, a lot of things that are not one hundred percent legal and kosher are still kind of effective. So I'm not going to tell you to do that, but there's many, many other ways of bringing pressure to bear as a neighborhood association on people who are violating the law, but we recognize our responsibility, we don't expect you to do that. Just... Commissioner Plummer: Thirty-seven commercial vehicles spray painted with.... Mayor Suarez: ...alert us to continuing violations and we'll do the best we can. Mr. Pons: OK, we thank you and we'll start collecting the addresses and working with Building & Zoning on the sweep. Mayor Suarez: And we may have to get a little task force to go to Tallahassee. Mr. Pons: Sure. Mayor Suarez: We may have to lobby our legislators in Tallahassee as we go and ask for the other kinds of things that we get from them and who's the chairman of the Dade County Delegation for the upcoming session? Commissioner Plummer: Not my brother. Mayor Suarez: Not decided yet? Commissioner Plummer: Not my brother. Mayor Suarez: Not Commissioner - Senator Plummer? 181 October 25, 1990 Mayor Suarez: No, he was last year. I don't know who it is. Mayor Suarez: I don't know that we, but we can brief the chairman of the Dade Delegation here and explain to them the problems and get remedial legislation very quickly. They're probably thinking of other parts of the state, like a lot of that legislation. They don't think of a city that has Edgewater, I know, and Shenandoah maybe at the same level, it just has an incredible number of rehabilitation centers, Charlee Houses, places of people with all kinds of dependencies, and, you know, one neighborhood just cannot absorb that many. Mr. Pons: Definitely. Mayor Suarez: God knows if it's a limited number, we all work them. Mr. Pons: We're ready, willing, and able to assist the City and any City lobbyist on the ACLF problem, OK? Thank you very much. Mayor Suarez: Thank you and congratulations again on how well you've gotten the association together and the neighborhood together. Mr. Pons: Thank you very much. [NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING PORTION OF THE AGENDA.] ------------------------------------------------------------------------------ 52. (Continued Discussion) CONTINUE CONSIDERATION OF PROPOSED RESOLUTION CONCERNING VACATION AND CLOSURE OF TRIANGULAR PORTION ON SOUTH SIDE OF N.E. 69 STREET LOCATED 1032' EAST OF BISCAYNE BOULEVARD AT THE CURVILINEAR PORTION OF STREET TO PLANNING AND ZONING MEETING PRESENTLY SCHEDULED FOR NOVEMBER 8TH (Applicant: Vendome Equities, Inc.) (See label 43.) Mayor Suarez: PZ, I think, is it. Commissioner Plummer: That's the last item? Mayor Suarez: Yes. Commissioner Alonso: Yes, but remember, they want to come back... Mr. Jorge Fernandez: No, you have tabled an item. Mayor Suarez: We tabled, Alberto? Commissioner Alonso: Number five, PZ-5. Mr. Rodriguez: But I believe they have no... Vice Mayor Dawkins: We tabled five. Mr. Rodriguez: They have not been able to reach their client. They just told me now. UNIDENTIFIED SPEAKER: I'd appreciate it if we could have a deferral to think of... Commissioner Plummer: Of course, I move to defer. Mr. Fernandez: Continuance. Mr. Rodriguez: Continue to November 8. 182 October 25, 1990 Commissioner Plummer: Continuance. Mayor Suarez: So moved and seconded. Mr. Fernandez: What item number was that? Mr. Rodriguez: PZ-5. Vice Mayor Dawkins: PZ-15. Yes, second, second. Mayor Suarez: Call the roll on PZ-51s continuance. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 90-847 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-5 (PROPOSED RESOLUTION FOR THE OFFICIAL VACATION/CLOSURE OF THAT TRIANGULAR PORTION ON THE SOUTH SIDE OF N.E. 69 STREET LOCATED AT APPROXIMATELY 1032 FEET EAST OF BISCAYNE BOULEVARD AT THE CURVILINEAR PORTION OF SAID STREET, AS A CONDITION OF APPROVAL TO TENTATIVE PLAT "VENDOME SUBDIVISION") TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR NOVEMBER 8, 1990. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSTENTIONS: Commissioner Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: UNIDENTIFIED SPEAKER: Mr. Mayor, is it possible that we could come back in November, in the 2nd... November 8th? Commissioner Plummer: Sure. Mayor Suarez: Oh, yes, yes, the sooner, the better. UNIDENTIFIED SPEAKER: Thank you very much. Mayor Suarez: In fairness to you. Yes. 183 October 25, 1990 53. (A) APPROVE MAJOR USE SPECIAL PERMIT (WITH CONDITIONS) FOR THE BRISTOL TOWER PROJECT LOCATED AT 2127 BRICKELL AVENUE (145 CONDOMINIUM UNITS ,AND 14 LODGING UNITS) (Applicant: Bristol Tower Limited Partnership). (B) INSTRUCT ADMINISTRATION TO BRING BACK APPROPRIATE LEGISLATION ELIMINATING BOTH THE PRESENT 20% AND 25% BONUSES CONCERNING OVERLAYS. Mayor Suarez: PZ-15. Mr. Guillermo Olmedillo: PZ-15 is an application for major use on article five of... Mayor Suarez: We need a little quiet in the back, please. Westbrook, organize your gang. Mario, can you just meet outside, please. You can meet at J.L. Plummer's house, yes. There's a back porch there, a big TV screen, all kinds of beverages, mostly legal, totally legal. All right-, PZ-15. Yes, it looks like we're going to have a court reporter here. _ Mr. Olmedillo: Per article 5 of zoning ordinance 11000, we have an application for... Commissioner Plummer: Are all these people here on fifteen? Mr. Olmedillo: I believe so, sir. Robert H. Traurig, Esq.: Yes, sir. Commissioner Plummer: This is the non -controversial item? Mr. Traurig: It was non -controversial and it has recently taken on a new life. Commissioner Plummer: The tide came up. OK. Mr. Olmedillo: Under article 5 of the zoning ordinance 11000... Mr. Traurig: They're not all objectors. Mr. Olmedillo: ...we have the provision for a major use special permit for what we call a planned development. The applicant/owner of 2127 Brickell Avenue has submitted such an application before the City and I will go briefly through it since we have a court reporter here. Mayor Suarez: Yes, once again, in the back, please, Mario, and Joe Wilkins and company, please, please. Thank you, Lieutenant. Mr. Olmedillo: The application specifically allows for this Commission to grant an FAR increase of up to 20 percent of the allowable FAR in the district. Commissioner Plummer: As a bonus. Mr. Olmedillo: Subject... Excuse me. Commissioner Plummer: As a bonus. Mr. Olmedillo: As a bonus provision. That is correct. Commissioner Plummer: Bonus means, that if we allow above, we get something in return. Mr. Olmedillo: You may allow up to 20 percent under this particular article. The application reads, for 159 units. It's around 360,000 square feet with 298 parking spaces and four loading berths. The homeowners association wrote a letter to the Planning Department, and I would like to E,i,L this on the record because this may be part of the controversy and, as I said, I wanted to have the record clear, with several issues. The first issue was that the see- 1184 October 25, 1990 0 through vistas that are required for the project were not being met. On that particular issue, there was a letter, which is in your package, which was signed by the zoning administrator, who is the authority to interpret this particular issue that in the zoning ordinance, we have a provision that any structure that is below 42 inches is not deemed to encroach on yards. So, that particular issue was resolved through a letter issued by the zoning administrator in that respect. The second... Mayor Suarez: Any structure that is below 42 inches. Mr. Olmedillo: That is correct. The ordinance provides that when you have side yards, front yards, or rear yards, there are certain things that may encroach. You have pool pumps, you have certain structures, you have walls that may encroach into those setbacks and that particular issue, as I said, was interpreted by the zoning administrator on June the 20th. Commissioner Plummer: That's three and a half feet. _ Mr. Olmedillo: Forty two inches, that is correct, three and a half feet. There was another issue raised by the letters which was the review by the - Shoreline Review Committee. This is a county agency which reviews the project, which are located close to the coast line. We have a letter on record from the Shoreline Review Committee approving the project as applied by the property owner. Then there was an issue as to some maid's quarters that the association, homeowners association, thought that they were undersized. These are units which do not provide a full kitchen, therefore, they can be - smaller than the regular size units. That's also an issue which was interpreted by the zoning administrator. Then, there was the issue of the reduction of the loading berths. The size of the project calls for four loading berths. There's an additional provision in the zoning ordinance which allows that some of the loading berths may be reduced in size through a special administrative permit, a special class two permit, which is in addition to this particular permit that this applicant is seeking tonight. Commissioner Plummer: Wait a minute, reduction in size or in number? Mr. Olmedillo: Not in number, in size. Commissioner Plummer: They can't reduce less than what is required but they can reduce the size. Mr. Olmedillo: The size, that is correct. Mayor Suarez: And you said it's based on... the number required is based on the size of the project. Mr. Olmedillo: That is correct, sir. Mayor Suarez: How do you know the size of the project? Mr. Olmedillo: The size of the project, the plans were submitted because the major use special permit requires that plans are submitted and that... Mayor Suarez: OK, what is the size of the project? Mr. Olmedillo: Three hundred and eighty thousand square feet, approximately. Mayor Suarez: OK, how many units and what kinds of units are we talking about? Mr. Olmedillo: A hundred and fifty-nine units and there are 14 small units which are the maid's quarters and the rest of them are full units which are in excess of 2,500 square feet. Mayor Suarez: OK, the petition also mentions an FAR of 2.06 going to that. Mr. Olmedillo: That is correct. The application expressly comes to this Commission because of the major use provision to allow up to a 20 percent increase in FAR and this is up to you, of course, the decision is up to you. Mayor Suarez: So, what was the prior FAR? -was it somewhere around 1.67 185 October 25, 1990 4k Mr. Olmedillo: One seven two. Commissioner Plummer: One seventy-two. Mr. Olmedillo: One seven two is the base FAR. Mayor Suarez: And what is the exact meaning of the designating the site as a planned development overlay? Mr. Olmedillo: The planned development overlay... Mayor Suarez: Is this part of the old PDU system or something? Mr. Olmedillo: That is correct. When we were reviewing the ordinance 9500 and we made it into 11000, one of the provisions that we were looking into was the planned development. The planned development is basically a piece of land which is in excess of 50,000 square feet which is a single project. That's the definition and to put it on the record, the criteria... Mayor Suarez: And this is in excess of 50,000 square feet? Mr. Olmedillo: Fifty thousand, that is correct. It's 3.46 net acres, 4.00 gross acres and the criteria to follow for the definition for the planned development district is, land under unified control to be planned and developed as a whole. And, as I said, it has to meet... Mayor Suarez: Have we, forever, eliminated that from the City charter other than in this case? -from the City Code, or are we still having those planned development overlay district or is this somehow grandfathered in or what? Do we still have them as available tools of planning? Mr. Olmedillo: We have it as an available tool and it's up to this Commission to approve it or not. Mayor Suarez: And what is the thinking, other than the history, that we used to have them? I mean, why do you want to change all the rules just because you have a very large tract and you quote, unquote, want to develop it in some kind of a unified way? What sense does that make? Mr. Olmedillo: Well, the philosophy behind 9500 and 11000 was to provide and facilitate development opportunities for the larger parcels in the City and this was throughout, as I said, 9500. Mayor Suarez: But if you take, you know, it's... I don't know, I don't know what the theory of it was, but, I mean, if you take the rules that are applicable to a small parcel, OK, whatever those are and if they make sense there and you multiply that to a larger parcel, why shouldn't the same rules, with multiplier factor, apply to a larger parcel? Why should it all of a sudden become something totally different that requires a whole different kind of a handling? Mr. Olmedillo: The larger parcel allows for flexibility of design in a way and you can assemble all the services together and you can make a larger parcel be more efficient in a way. That's the idea of the planned development. Mayor Suarez: Yes, it sounds to me like a planner's tool, a planner's toy, actually, and it's all very nice, but if we have FAR, if we have setback - I think we still have light planes, God help us - if we have all of the other requirements that our zoning code, that a normal zoning code would have, and if you expect the Commission of these kinds of individuals - now, maybe if we were experts, you know, if we were planners, if we were architects, or something - but with the present system, you have maintained in place a sophistication level that is way beyond the reach of most laypeople and is really very unfair to us. And one of the things that we told you when we wanted to reform 9500, was to take away all of that and to give us nice simple rules, you know, density, access, height, nearness to the sidewalks, setbacks, et cetera. Instead, we have something called a planned development overlay district, just because the property is over 50,000 square feet. And I don't know, I don't know what the sense of it makes, I mean, if you were going to make it more restrictive - in other words, if we were talking about state law, having certain criteria, now, local law, saying, well, if you, want to have 186 October 25, 1990 0 0 something more restrictive and if that's what you were going to tell us about a planned development overlay district. In other words, when you have a huge area or large area, it's a little bit like the DRI concept, development of regional impact, you are concerned about the impact of this massive structure on an entire area. Therefore, you want to have more flexibility to apply more regulations and make sure that they do something pleasing, something in consonance with the community, et cetera, that would make some sense. But to just allow more flexibility for the simple reason that the project is bigger, I don't see the logic or the philosophy of that. Now, we have to deal with it, unfortunately, I guess it's in our code. Vice Mayor Dawkins: I'd like... Mr. Olmedillo: Mr. Mayor, addressing that, excuse me.... Vice Mayor Dawkins: Go ahead.... Mayor Suarez: Yes, I just got a warning. Mr. Olmedillo: Addressing that point specifically. What happens is that... Mayor Suarez: But why are you going to address it? We don't agree, do we? Do you agree with me? Mr. Olmedillo: No, what I was just going to say that the major use allows for two public hearings so that the community and the Zoning Board are - excuse me - the Planning Advisory Board and this Commission have a decision to make and been... Mayor Suarez: Sure, the decision of using parameters that we barely understand, if at all. All right... Vice Mayor Dawkins: OK, well let me ask you a question because I'm confused. You said that the loading bays had to be a certain size. Is that correct? Mr. Olmedillo: That is correct. Vice Mayor Dawkins: And then you come and say, so let's just say for the sake of discussion, that the loading bays have to be ten feet and you require 40 feet. So that's ten feet and you require four bays. Four times ten is forty. Is that correct? Mr. Olmedillo: Right. Vice Mayor Dawkins: Now, you tell me I'm not reducing the bays, but I allow them to go from ten feet to six feet so, therefore, four times six is twenty- four. So, instead of using forty feet for the bays, I'm using twenty-four feet and then you tell me I'm not reducing them? Mr. Olmedillo: No, I said that we were not reducing the number. The application - remember one thing is the application and another thing is the decision which is made upon the application - the application has four loading berths. Two full size, which is fifteen by forty-five... Vice Mayor Dawkins: OK, hold it, wait a minute now. Fifteen by forty-five. Mr. Olmedillo: Right. Vice Mayor Dawkins: OK. Then four times fifteen is sixty. Mr. Olmedillo: And then they have two smaller ones which are, I believe, fifteen by thirty -something. Now, the way... one of the decisions the administration may be, no, you have to provide the four full size. But, again, the decision may also be, yes, you have justified to us that you can deal with the needs of this building as far as loading is concerned with the two full size and two smaller size, but this is what I was stating into the record that this is an issue that has to be reviewed administratively and then a decision be taken on that particular issue separately. Vice Mayor Dawkins: But you are reducing the bays. Commissioner Plummer: Has requested it. 187 October 25, 1990 1h 4h Mr. Olmedillo: The application has to reduce loading berths and two full size. We're not reducing anything yet because the decision has not been reached yet. Vice Mayor Dawkins: But, if you do? Mr. Olmedillo: We would be reducing the size of the loading berths, yes, sir. Mayor Suarez: Yes, two of them would be reduced substantially, right? Mr. Olmedillo: That is correct. Mayor Suarez: That's in the application. All right, we'll hear from the applicant first, right? The applicant is appealing? Who's appealing? Mr. Olmedillo: No, there's no appeal, there's no appeal, this is... Mayor Suarez: No, it's a major - OK, major use, special permits. We'll hear from the applicant. We need to swear in - I'm sorry, anything else? Mr. Olmedillo: If I may, Mr. Mayor, I'm being advised to put my name and my title into the record, Guillermo Olmedillo and I am the deputy director of the Planning Department for the City. Mayor Suarez: OK, as to the applicant... Commissioner Plummer: ...for the next 18 months. Mayor Suarez: All of the people who will testify, Bob, could they raise their right hand and be sworn in, please? He never lies, so, of course, he doesn't see the need for that. Mr. Traurig: Will all of those who are consultants who are going to testify, please raise your hands, stand up and raise your hands. Commissioner Plummer: That's anyone testifying for or against. Anyone that's going to testify. Mayor Suarez: Well, I was going to do them in parts, because that way, we get an idea of who was on what side here. Who's on first and all of that kind of stuff. So, anyone who is testifying on behalf of the applicant, raise your right hand, stand up and raise your right hand, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: OK, let's swear in... who's going to lead the battle against, John? Is that... do you know who is going to testify? Can we limit the number of people? Presumably, it won't be expert testimony, it will... John Fletcher, Esq.: Yes, I'm going to try and limit the number of people. We do have a number of associations that are represented and we'd like to be able to get that in to you, I'm sure. Mayor Suarez: OK, yes, the heads of the associations certainly ought to raise their hand and be sworn in and if later somebody wasn't, we'll get that. OK, those that are going to testify against, please stand up and raise your right hand and be sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mayor Suarez: And if you were sworn in on both sides, then you're lying through your teeth and your testimony is stricken beforehand. Can we keep you to a ten minute presentation? Mr. Traurig: No, sir, this - let me explain, for the record, my name is Robert H. Traurig, I'm an attorney with offices at 1221 Brickell Avenue. As Commissioner Plummer noted, this simple matter has taken on a new life. Mr. Fletcher, who is a worthy opponent in any setting, is here with a court reporter and obviously intends, if you find in favor of the applicant, to 188 October 25, 1990 a 4h litigate this. We will need a record which, I think, has to be somewhat voluminous, I don't think that we can make our presentation in much less than 45 minutes, sir. Commissioner Plummer: What? Mr. Traurig: Well, we'll make it as, you know, briefly as you want, but we think that the magnitude of the project and the... Commissioner Plummer: Then reschedule it for another night. Mr. Traurig: ...issues involved will require a rather lengthy presentation. And we don't want to impose on this board... Mayor Suarez: Well, we'll keep you to a half hour, but strictly to a half hour. Commissioner Plummer: Well, what does the Charter provide, ten minutes? Mayor Suarez: I've asked the Commissioners to wait until the end of the presentation for questions so that we can measure your half hour and then John Fletcher, please, the same, on the other side. Remembering that... Commissioner Plummer: Yes, but the Charter says you've got ten minutes. Mayor Suarez: ...it's been a long day for us. We usually have planning and zoning agendas by themselves. We have many other items to consider today and that sometimes - I guess we shouldn't put that in the record, but I know judges would never admit to this, but, for us, certainly, after a while, the cumulative and repetitive aspect of both sides can begin to change minds against or in favor of whatever - you know what I'm saying. Anyhow... Mr. Traurig: I know what you're saying and we will expedite it. I have introduced myself. I'm Robert H. Traurig, I'm joined here by Adrienne Friesner, together, we represent Bristol Tower Limited Partnership and Lucia A. Dougherty has also been involved in this representation, but is unable to be present tonight. Others who are present who may appear before you are the principals of Brickell Tower Limited Partnership, Ugo Colombo, being the major principal and Samuel I. Burstyn. The architects, John Fullerton, Luis Revuelta, Mr. Diaz, of Fullerton Diaz Partners, the landscape architects, Walter Taft Bradshaw and Michael Schale of Bradshaw Guill and Fuster of Ft. Lauderdale. The traffic and engineering will be commented on by Dan Hoyt of Post, Buckley, Schuh and Jernigan, who is our traffic engineer and the economist for the project is Darryl Sharpton of Sharpton, Brunson and Company and he will testify as to certain aspects of revenues to the City of Miami. With regard to the basic project data, as presented in the major use special permit application, let me first hand out to you some photographs which depict what the building will look like. The building which you see, if this application is approved, would be located at 2127 Brickell Avenue. The underlying zoning, as you can see from the map that's projected on your wall, is presently R-4. It was formerly RG-2.2/7 under ordinance 9500. But, under your new 11000, it's R-4 and it already has an overlay district, it's an environmental preservation district, and that would require the approval from the Heritage Conservation Board which unanimously did approve this application, recommend approval of the application, on July 17th, 1990, subject to certain conditions which have been incorporated as conditions in the proposed major use special permit, with those conditions having been prepared by your Planning Department. The site that's the subject of this hearing has a net 3.46 acres, about three and a half acres. It has 772 feet of depth, it has 200 feet of frontage along Brickell, it's got roughly 150,560 square feet and the gross area - since under your ordinance, you permit density based, or square footage based upon gross area - is the sum of the 150,560 square feet, plus 14,288 square feet into Biscayne Bay and 10,000 square feet to the center line of Brickell Avenue or a total gross square footage of 174,848 square feet. Now, based on that, I think it's very important to understand the magnitude of development that could occur here under normal conditions. We have 174,848 square feet in a district which, today as R-•4, permits a 1.72 FAR, which is the same as the FAR that would have been permitted in the sector seven under the RG-2.2 which was the former classification. And that, in itself, would permit 300,739 square feet. We have asked you to consider approval of this planned development under this application for major use special permit and if so, we would be entitled to a 189 October 25, 1990 0 0 bonus of 20 percent of the basic square footage, which would give us an additional 60,148 square feet. We would have a permitted 360,887 square feet. And we're asking for approximately that. The issues that come up are height and neighborhood compatibility and permitted density and the City master plan, and I think we should address all of those things. First of all, with regard to height, in this district and in its predecessor district, there is unlimited height permitted. Height is controlled, but the maximum height becomes a function of lot coverage and setbacks and so forth and there is no height limitation as an absolute height limitation. We're asking for 36 floors of residencies above two stories of parking. Now, what density are we permitted to have? We have, as I indicated to you, 3.46 acres of net acreage, not counting out to the center line of Brickell, not counting into Biscayne Bay. And, at 100 units per acre, which your master plan permits, we could have under your present setup, a total of 346 units. If we counted the gross, which is 4.01 acres, we could have 401 units. What did we ask for? Bear in mind, under the net we could be entitled to 346 units. We're asking for 145 residential units, selling at an average price per square foot of $180 a square foot. And in addition to that, we've asked for 14 servants quarters similar to the servants quarters in any high quality, luxury condominium such as Grove Isle. And we agree, and this will be part of any conditions that you impose upon us, and we believe that it would be reasonable, that we should not be permitted to convey any of those separate maids' quarters unrelated to the sales of the condos themselves. And if, at some point in time, we have completed the sales of the condos and those maids' rooms have not been acquired by the condo purchasers, we agree further that the only way they could be occupied independently of those condo units is if they were merged into larger units so that several of those would be combined into one unit and we would agree that no more than seven of those units could ever be occupied. So, we're talking about roughly 150 to 160 units as compared to what is permitted under the master plan of 346 units. So, at worst, we're only half of what we're permitted to have. Now, you have recently been the focal point of a different application which was called The Oasis on the same property and I would just like you to know that that was 251 small units and they were for rental and these units are intended to be sold as condos. Now, let's look at our project from the standpoint of its impact on the area. On the building footprint, we are permitted 69,939 square feet and we're only asking for 14,572 square feet. We're permitted 40 percent lot coverage. We're only asking for eight percent lot coverage. That's because we have built a tower which doesn't occupy the whole site but creates a better ambience. On our open green space, which is also contributed to by the nature of our development, we're required to have 26,227 square feet of open space and we're providing 88,000 square feet. We have to have 15 percent, we have approximately 50 percent of our lot in open green area. Our parking, we're required to have 289 spaces, we have provided 298, including the resident and visitor spaces. We're required to have the seven handicapped spaces which we have provided. The loading berths which Commissioner Dawkins asked about, four are required four are provided. We have asked for the opportunity to reduce the size of some of those loading spaces. We have filed a class two application with staff. If staff approves that application, we will be permitted to reduce the size of the loading berths. You know, in many of the large buildings that have been constructed here, especially office buildings downtown, it has been demonstrated that vans are sufficient to service the building and the large trucks are not needed. If we can demonstrate that successfully to your staff, we would be permitted, perhaps, to have smaller loading berths. Otherwise, we have to redesign to make the spaces large enough. That's really a non issue. As far as ground coverage is concerned... Mayor Suarez: I hate to interrupt you, I was hoping that you would say, that because I can't imagine a project of this sort with other requests that you have, hinging - our approval or not, hinging on the size of the loading berths. Something is wrong somewhere. I mean, how many square feet are we talking about there? That can't be the deciding factor, otherwise it just seems much ado about nothing, but... Mr. Traurig: Your approval will really be of the project, per se, and the loading berths will be dealt with independently by staff under your ordinances and they will determine whether a class two permit ought to be issued. Mayor Suarez: Yes, I have no idea... Mr. Traurig: If it's not issued, then we... 190 October 25, 1990 0 0 Mayor Suarez: I have no idea what number of loading berths are needed for a project of this size. We don't have that expertise. Mr. Traurig: On ground coverage, the parking structure covers 39 percent. The structure itself covers only 10 percent, which is the portion of our structure measured above 42 inches from the average sidewalk elevation. And, therefore, the structure and the building itself, have to be viewed differently. The parking and the building itself. Let's talk about setbacks. And these will be dealt with more fully by the architect and by the landscape architect. The front setback, we're required to have 210 feet. We're providing 260 feet. The rear setback, at the bay, the shore line development review requirement is 75 feet. Your Charter amendment is 50 feet. We're providing 179 feet. And all that will be commented on by Mr. Bradshaw and Mr. Schale who are the landscape architects. On the side yards, the requirement under the R-4, which is the existing zoning, underlying zoning, is 10 feet on each side. We're providing 26 feet on each side, excluding the structure below the 42 inches. And Mr. Revuelta will review with you later in the presentation exactly how that architectural measurement occurs and as well as the applicability of the Charter setback amendment and the shore line development requirements. Now, I have talked to you about the magnitude of the project and that fact that we really only have a few units, comparatively speaking, that is in relationship to what we would be permitted to have. And, therefore, in general, the development concept is to create a luxury condominium project on the most desirable residential street in the City which will be attractive to a clientele whom the City is encouraging to return from suburbia. You're not only encouraging your employees to move back into the City, you're encouraging the population generally to move into the City of Miami which has the services, has the infrastructure, to serve them better - than where they live in suburbia. With an average apartment size of approximately 2389 square feet, excluding the housekeeping units, or if you want to include them as units, the average comes down to 2169 square feet and the smallest unit is 1100 square feet, excluding those housekeeping units. The largest units, as designed, are 4,000 square feet. So, we're talking about a clientele that will really be an asset to the City of Miami. The project includes a lobby and an exercise room and a community room and the usual pool and tennis courts, childrens' playroom, and a package of amenities that will really be outstanding. And furthermore, and this was reviewed by your Heritage Conservation Board, we protect and preserve the historic masonry wall in the front along Brickell Avenue and the vast tropical landscaping, which presently exists. Now, interestingly, this historic wall was part of the former estate on the property which was built in 1920. It was called Coco Plovis Estate and it was occupied by, and the former home, of Maude Brickell. Not the first home of Maude Brickell, but one of her homes. Now, a more complete description of the outstanding features of the development, as I indicated, will be provided by both the architect and the landscape architect. What are the economics of the project and how does this affect the City of Miami? The project cost will be approximately fifty-five million ($55,000,000). The labor costs, themselves, would be eight million, eight hundred and sixteen thousand, eight hundred dollars ($8,816,800) estimated. Now, all of this is provided for in your MUSP application. The construction employment is 213 full-time equivalents and, furthermore, as we will indicate to you in our later presentation - and I apologize to you because I'm going to go over the 30 minutes and I really have only begun to give you the flavor of this and we do have these consultants to ask. But, I would tell you that Mr. Sharpton will indicate to you a proposed, minority participation... Mayor Suarez: You've already given interesting, but we have a pretty good many people it will employ and... Mr. Traurig: All right. us irrelevant stuff, I mean, it's idea of what a project like this how Mayor Suarez: ...it's not particularly relevant to the zoning issues. Mr. Traurig: All right, I would tell you quickly then that he will deal with the ad valorem tax revenues and the fees and so forth. Now, this project fully complies with R-4. It complies with all the development criteria and the requirements of that district except that the square footage has been supplemented by the 20 percent bonus to which we think we're entitled. The developers objective is not to build more units and not to adversely affect the environment of living on Brickell Avenue, but to build larger, more luxurious units for that market segment that I referred to before that wants 191 October 25, 1990 0 to reside on Brickell Avenue and to establish a special ambience. We could have built the 346 that I indicated or maybe 401, if you're counting by gross. We could have built 251, perhaps, if we wanted to build the same kind of style unit that the former applicant had requested, but we're requesting only the 145 plus maybe 14 additional units. And that type of objective, those large, luxurious units was contemplated by you when you provided for the optional floor area bonuses. You provided in your 11000, ordinance 11000, two alternatives for developers to pick. Either 25 percent FAR bonus through the purchase of square footage by contributions to the City's affordable housing trust fund or a 20 percent bonus through the City Commission approval of a planned development. So, the issue that you have to consider is whether or not we're a planned and whether we're entitled to a bonus. But I can tell you that we could get a bonus of greater than the 20 percent under the alternative which you've also provided in your ordinance. This applicant didn't seek the additional 25 percent but did apply for a major use special permit for the planned development because we think we qualify under the ordinance provision. Now, the advantage to the City in having a major use special permit application and a planned development review, results in your having the ability to have an in depth analysis of all the project elements, including ingress and egress, and that parking and loading and refuse and service areas and utilities, drainage, preservation of natural features, control of potentially adverse affects, et cetera. We have to, when we give you a major use special permit application, provide detailed project description. The minority construction employment plan, the traffic analysis, the site utility study, an economic impact study, so that your staff will have the ability to study and to comment on whether or not that's in the best interest of the City when it makes its recommendation. And having studied that information and those requirements, your staff has recommended approval of the planned development because the project meets the following criteria, all of which is spelled out in the staff recommendations. Its greater flexibility in the pattern of development, an improved level of amenities, an appropriate and harmonious variety in physical development, creative design and an improved environment and those are things that were analyzed and specifically commented on in your staff recommendation and, obviously, we would like this record to incorporate all the Planning Department analysis and comments and rationale and recommendations from the fact sheet or otherwise in the Planning Department file, which we say justifies the planned development. Also studied was the traffic and the neighborhood compatibility. And as I indicated to you, we've been before the Heritage Conservation Board and also the County Shoreline Development Review Committee. Now, not withstanding all that, we know that these people are here, nice people, very proud of their neighborhood. We think that notwithstanding the overwhelming merits of our proposed development, architecturally and environmentally and through relatively low density and with outstanding amenities, all of which benefit the local Brickell Avenue community and the City of Miami generally, some of our neighbors have expressed opposite views and they're here to testify that they don't want to see this project and they have sent in cards that told your Planning Department that they have certain concerns. Basically, as stated in the response cards that have been sent to your staff, the issues which they allege justify your denial of this application are height - and I've already commented on that - traffic, which the Post Buckley engineer will comment on, that low rent housing will destroy the neighborhood and this is certainly not low rent housing at $180 a square foot. That it's too dense, that the project will lower their property values, that the lot is too small. One person indicated that there were foxes on the property and that was commented on negatively by other people in the area saying, don't pick on that, if one person didn't deal with the most germane of the subjects that bother them. And also they have indicated that we have failed to comply with the Dade County Shoreline Review requirements. Mayor Suarez: The old fox in the chicken coop case. Mr. Traurig: Now, let's examine those issues very quickly. The height. In the R-4 there is no height limitation and as I indicated to you, lot coverage and setbacks to influence height, but they don't actually... Mayor Suarez: In conjunction with FAR. Mr. Traurig: ...there is no height limitation, per se. Traffic, Mr. Hoyt will make a comment to you on the level of service on Brickell Avenue and how it's affected. There is no concurrency issue. Low rent housing will destroy the neighborhood. Ain't no way it's going to be low rent housing at $180 192 October 25, 1990 square foot. Units selling from $200,000 to a million two hundred thousand, it's not going to be rental housing, it's going to be high priced housing to serve a very important segment of the community. One of the things you determine when you make your analysis, if you make a motion approving this application, is that that portion of the planned development ordinance that says that you have made a substantive decision that a type of housing is needed in an area and that this qualifies, we would say to you that this type of housing is what you need. This is the type of housing you should be encouraging. This is the kind of housing that will make this a greater City. Too dense. I talked about the 346 units versus the 145 plus 14. Lower property values. Impossible to lower property values. Lot too small. This is a 200 feet of frontage, three and a half acres more or less, total area of this particular project. Very quickly I would like to call on the following consultants to speak to you. Mayor Suarez: The footprint was how many square feet? Mr. Traurig: The footprint... Mayor Suarez: You made... Mr. Traurig: Yes, it was 10 percent. Mayor Suarez: Ten percent? Mr. Traurig: Yes, but... Mayor Suarez: OK, I have it in percentage. So, it was 10 percent of the total lot? -of the total parcel? Mr. Traurig: Yes, it - excuse me, it was 14,572 square feet. It was eight percent. Mayor Suarez: Eight percent. And how many stories? Mr. Traurig: Thirty-six stories. Mayor Suarez: Thank you. Mr. Traurig: Over two stories of parking. Mayor Suarez: Just checking out a little formula that I've been working with. Mr. Traurig: I would like first to call on either Mr. Revuelta or Mr. Fullerton to talk to you about the definition of yard and the compliance of this building with your ordinance and the application of the Charter amendment requirements to this particular site and the Shoreline Review Ordinance to this site. Then, I would like to call on Mr. Bradshaw or Mr. Schale to talk about the rear yard and our compliance with the ordinance as it relates to the rear and the bay and the design and the compliance with the staff recommendations which suggested that we modify our plan. I would ask Mr. Hoyt to talk about the traffic analysis. Mr. Sharpton to talk about the economic benefits to the City, including taxes, fees, and other revenues and a minority participation plan. I would like each of them - and I don't want to repeat this - to recite basically his qualifications, education, work experience, professional organizations, and the element of this plan that he has worked on, unless Mr. Fletcher wants to acknowledge the qualifications of all these people. And then I would like Mr. Genuardi and Mr. Olmedillo to talk about the five issues that our neighbors are going to talk about. The letters that our neighbors have - and Mr. Rodriguez, who responded to the letter from our neighbors who said that we don't qualify because of five particular issues. And we think it's very important that the record reflect what the City + administration wants you to know about this. And then I'll complete our presentation. But I would like each of them to speak to you as briefly as possible but to get that information into the record. And Mr. Fletcher has accepted your qualifications. UNIDENTIFIED SPEAKER: Thank you very much. Mayor Suarez: ...footprint percentages got to be more like seven percent. Mr. Traurig: Seven? 193 October 25, 1990 0 0 Mayor Suarez: Yes. Well, I guess it depends if you take the whole or the net acreage, but it's more like seven percent. Mr. Jorge Fernandez: Mr. Mayor... Mr. Traurig: I never did well in arithmetic. Mr. Fernandez: ...for the record, if Mr. Fletcher has admitted that, I'd much rather have Mr. Fletcher rather than Mr. Traurig state that on the record. Mr. Fletcher: I'd certainly be happy to. I know most of the people involved and they're certainly qualified in their field, so I have no objection to that. Commissioner Plummer: Bless you, son. Mayor Suarez: If he didn't I have feeling he was going to jump up and grab the mike. Footprint is a percentage of lot acreage times number of stories is equal to FAR. It does work out, it's seven percent. Go ahead. Mr. Luis Revuelta: For the record, my name is Luis Revuelta, I'm an architect with offices at 366 Santara Avenue, Coral Gables, I'm representing the firm Fullerton Diaz plus partners, architect, and I'm the principal in charge of the design of Bristol Towers. What I'd like to reiterate after Mr. Olmedillo and Mr. Traurig have presented, is the fact that our parking structure is an underground parking structure. It does not exceed 42 inches above the natural grade of the site as established by the City of Miami ordinance. Our client has gone through a great extent of trouble to try to maintain this parking structure as low as possible and I'd like to also bring to light that we could have come up with a much bigger parking structure that I think would have been detrimental to the adjacent sites more so than to our property. So I really would like for that to be kept in mind because I think it is a very important issue. In dealing with the setback issue that was raised, any structure that's under 42 inches in height, according to the ordinance 11000 says that an open space lies between the principal buildings and the nearest lot line. - Such yard is unoccupied and unobstructed by any structure or portion of a structure from 42 inches from the ground upward except as maybe specifically provided in this ordinance. So that means that we are not encroaching on the setback. Our main structure, which is the tower, is set back 26 feet from each property line, the north property line and the south property line. As far as the loading berths, I want to try to go... - Commissioner Plummer: Let me ask a question. Mr. Rodriguez, on the 42 inch structure, is there any requirement of a setback at all from the property line on that? Mr. Rodriguez: No, because that's considered... it's not considered like a structure. It's considered as part of the.... Commissioner Plummer: But, I mean, can they take 42 inches from the building all the way out to each property line? Mr. Rodriguez: I believe so. Mr. Revuelta: We could conceivably do that, right. Mr. Rodriguez: You could do that. Mr. Revuelta: But we're ten feet away from the property line. Mayor Suarez: They make like a basement or a half a basement with 42 inches all the way across. God, that would be a monstrosity. Mr. Rodriguez: Well, what happened is, that since you have the review of this, what we can do is through the review of the project, we can impose then some conditions on how to deal with that. Commissioner Plummer: Did I understand correctly that that is a matter to be decided by the zoning administrator or by us? Mr. Rodriguez: No... 194 October 25, 1990 7• Commissioner Plummer: Excuse me, I pay him. Mr. Revuelta: Sorry about that. Commissioner Plummer: Mr. Traurig pays you. Mr. Rodriguez: That matter had been decided previously by the zoning administrator and was not appealed. Commissioner Plummer: So that, in fact, is in place? Mr. Rodriguez: That's in place, right. Commissioner Plummer: And how far, in fact, is it from each property line? Mr. Rodriguez: I'm sorry? Commissioner Plummer: The 42 above, how far is that from each property line? Bid they set that back two feet, four feet? Mr. Rodriguez: Ten feet. Commissioner Plummer: On each side. Mr. Revuelta: Yes. Mr. Rodriguez: On each side. Commissioner Plummer: OK. And how does that relate, if anything, into the 12 foot flood criteria? Mr. Revuelta: It doesn't relate. Mr. Rodriguez: The 42 inches that we are referring to here is not usable area. It's not habitable area. You don't have any people living there or any office. It's basically for spaces for example, for parking and other structures... Commissioner Plummer: Well, it's allowing the parking structure to come up 42 inches higher... Mr. Rodriguez: Forty-two inches, right. Commissioner Plummer: ...than ground level. Mr. Rodriguez: Right. Commissioner Plummer: But what I'm asking is, there is a 12 foot flood criteria rule that I'm assuming applies here. Mr. Rodriguez: Right. Commissioner Plummer: How does that underground parking relate with the 12 foot and the 42 inches, if at all? Mr. Rodriguez: The underground parking will be allowable under the flood criteria because the flood criteria allows you to have structures which are not livable and which would not impede the free flow of water in case of a hurricane. The flood elevation, what it does, is that will not allow you to build above that level any - below that level, any buildable or usable area that could impede the flow of traffic or that might create the possibility of damage to life and so on. Commissioner Plummer: What you're saying is then, three and a half feet above ground level would not impede the flow of water? Mr. Rodriguez: It will not impede the flow of water as is defined by the flood criteria in the sense that you will not have inside that area either partitions or glasses or furniture or things of that nature that would, otherwise, be allowable in any building that is livable. 195 October 25, 1990 0 Commissioner Plummer: OK. Mayor Suarez: Go ahead, proceed, as quickly as possible, you've used up 25 minutes already. Mr. Revuelta: All right. The loading berths that are required right now by the zoning ordinance are four loading berths, 12 x 35 x 15 feet in height. What we're providing is one 12 x 44 x 15 feet in height. That means that we're exceeding the 35 foot requirement. We're providing one 12 x 35 x 15 feet in height. We're meeting the code and we're providing two ten and a half by 36 feet in height, by 36 feet long by seven foot high under our basement, so in regards to the question of Mr. Dawkins before, as far as length is concerned, we are exceeding what the Code requires. Our real petition right here is for asking for less height rather than less length. So, I wanted to make that clear on the loading berths. I think... Mayor Suarez: Does he expect the vehicles to be smaller than some of the ones that were contemplated in the... Mr. Revuelta: In condominium buildings, as you probably know, the requirements for moving are very strict. We've contacted a lot of moving companies and are experienced on condominiums before. It's got to be scheduled and I think - I am sure that what we're providing is plenty and.... Mayor Suarez: Fine, fine, fine. Mr. Revuelta: The maid quarters, I think, has been addressed. I think those are going to be part of the big units. Mayor Suarez: We call the employee quarters, but go ahead. Mr. Revuelta: All right. And I think the question of the FAR has been made clear by Mr. Olmedillo and Mr. Traurig, so... Commissioner Plummer: How big are the maids' quarters? -or the employees quarters? Mr. Revuelta: They are approximately 200 square feet. Commissioner Plummer: That's basically a bedroom? Mr. Revuelta: Yes. Commissioner Plummer: And a bath? Mr. Revuelta: Yes. Commissioner Plummer: And what assurances does this Commission have that they will not be used as an adjunct to a regular unit? Mr. Revuelta: It will be part of the covenant that they will be sold with the unit. It would have to be. Commissioner Plummer: But I'm saying is that they will, in fact, be used by employees rather than as someone buying it to use it as an extra bedroom for their family. Mr. Revuelta: It's a separate floor. These units happen on the second floor or a building and... Mr. Rodriguez: Commissioner... Commissioner Plummer: Every family has a black sheep. Mayor Suarez: Or a white sheep, depending on how you look at it. Commissioner Plummer: A white sheep. Vice Mayor Dawkins: Watch it, Plummer, watch it. Mr. Rodriguez: Commissioner... 196 October 25, 1990 0 Commissioner Plummer: The day somebody refers to you as a sheep, I'll retract that statement. Mr. Rodriguez: Commissioner, if that is a concern, a major use permit allows you to put conditions so if that is a condition that you want in both, I think... Commissioner Plummer: OK. Mr. Revuelta: We also promise that we will not put sheep in human beings' quarters. Mayor Suarez: All right. Anything further? Anything further from the applicant? Commissioner Plummer: I only have one other question and I guess of him. Did I not hear a comment that said that all parking was underground? Mr. Revuelta: Most of the parking is underground. There's some parking above ground but that is set back from the property lines and there's no parking within the view corridor. Commissioner Plummer: Your pretty picture here, in my estimation, is doing you harm by showing parking above ground that close to water's edge. Mr. Revuelta: Well, our setback on the back, like Mr. Traurig said, is 189 feet... hundred and seventy-nine feet. Commissioner Plummer: I'm talking about in the front. No, no, I'm talking about - whoa! Go right back up where you're... that's what I'm talking about. Mayor Suarez: Those are nice lawn chairs. Commissioner Plummer: Huh? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: That's a lawn chair? Mr. Revuelta: Six foot lounge chair. Mayor Suarez: Major lawn chairs. Mr. Revuelta: Cars are compact nowadays, but... Mayor Suarez: Like for two people, you know. Commissioner Alonso: Cars cannot get there. That's a swimming pool area. Commissioner Plummer: Well, by damn, it still looks like to me a car. Mr. Revuelta: Japanese are making small cars nowadays. Commissioner Plummer: Americans are making... Mayor Suarez: OK, anything further, Bob? Mr. Revuelta: I'd like now to introduce Mr. Taft Bradshaw, the landscape architect for the project. Mr. Taft Bradshaw: Good evening, Mr. Mayor and members of the Commission, my name is Taft Bradshaw, president of Bradshaw Guill and Fuster, landscape architects. I practice in South Florida in Miami for 31 years and had the opportunity of designing many of your beautiful projects and I consider this as one of the most unusual opportunities and one of the most beautiful conceived projects that we've ever had the opportunity to work on. Number one, the project is in the... we have submitted the plans to the Heritage Board, and had unanimous approval. We worked with the Shoreline Board, we work with all the environmental and made and the most complete, detailed, environmental analysis of any site that has been submitted to the City to date. We've been recognized for that. We've had the opportunity of incorporating the wonderful bluff, which is the environmental bluff, it's on the water side of the property. 197 October 25, 1990 0 sk Mr. Fernandez: Mr. Mayor, excuse me a second. For the record, Mr. Fletcher _ has no objection in recognizing this gentleman and according him all the privileges of an expert. Mr. Fletcher: I'm sorry, I thought I made that clear before. I have no problem with any of his witnesses in that regard. Commissioner Plummer: Any of them. Mr. Fernandez: All right. Mayor Suarez: I thought you did too. Mr. Bradshaw: Sorry. The most unusual feature of the site, from a landscape architect's point of view, is blending and recognizing and handling it in a sensitive way. We've handled the shoreline, the water's edge, in a very natural manner keeping the existing vegetation in place. We've also protected and worked closely with the Silver Bluff which is in section here which was of great concern from the Heritage Board and from the environmental section. The edge of the drawing to your right is the water's edge. The middle in here represents the bluff and the top of the bluff would be the main structures and the swimming pool decks. And no primary structures penetrate or go below the bluff. On the front of the property on Brickell, the 70 foot corridor with its protective wall, which was a part of the Heritage Board's request, we've kept that intact and also the existing trees that would be relocated and worked around, has been one of our primary concerns and we think that from a landscape architect's point of view and also from the view of meeting the requirements of both the Heritage Board, as well as the Shoreline Review, and as well as the department's landscape architects' review, we received nothing but fine compliments and we feel that this would be a definite asset to the City and also to the character of Brickell. Thank you. Mayor Suarez: OK, that wraps it up, almost. Mr. Traurig: I would like, with regard to the traffic issues... Commissioner Plummer: You've got 35 seconds. Mr. Traurig: We just want to get something in the record because we think that there may be questions about traffic. Mr. Dan Hoyt: My name is Dan Hoyt, I'm manager of transportation planning at Post, Buckley, Schuh and Jernigan. We analyzed this development using ITE trip generation rates, considering 145 condo units and 14 high-rise apartment units. We analyzed six signalized intersections in the vicinity of the site... Commissioner Plummer: They're all the same. Mr. Hoyt: ...and roadway segments in the vicinity of the site. Keep it brief and simply talk about Brickell, which is immediately in front of the site, currently has approximately 28,000 cars a day, on weekdays. It operates at level of service C. What that means is that it has an average speed including signal delays and such along the street of 22 to 28 miles per hour in peak periods. The site will generate between 900 and 1,000 daily trips. Approximately 95 trips in the and peak hour. A little calculation shows that you could accommodate without moving from level of service C to D nine such units, or such projects such as this, without changing the level of service from C to D on Brickell Avenue in the vicinity of the site. This project does not significantly impact the roadway segments and intersections in the vicinity of the site. Thank you. Mayor Suarez: Thank you. Mr. Traurig: Mr. Mayor, we have exceeded our time already, but there are a number of people who came here from Brickell Avenue to speak in favor of the project and one of the owners would like the opportunity to speak too. If you want to cut us off... 198 October 25, 1990 Mayor Suarez: How many such speakers? Mr. Traurig: How many people from the neighborhood would like to have the opportunity to speak? Mayor Suarez: Don't want to make independent statements. The rest can be you know, just added on with their names and addresses, you know. Mr. Traurig: Well, I see one, two, three, four, may we limit it to... Commissioner Plummer: Why don't you catch him in rebuttal? Mayor Suarez: Two minutes. Mr. Traurig: ... two minutes each, that's fine. Mayor Suarez: All right, and three altogether. Let's proceed quickly, please. Believe me, we have heard almost anything anyone would want to hear — about a project already. Mr. Garth Green: Mr. Mayor, ladies and gentleman, thank you. I represent the Imperial Condominium Association, which will be a neighbor to this building here. — Mr. Fernandez: Name, please. Mr. Green: Garth Green. We submitted just before the last Commission meeting... Mr. Fernandez: And address. Sorry. Mr. Green: 1627 Brickell Avenue. We submitted a letter to the Commission recommending that this project be approved, and we think it will be a great asset to our community and to our neighborhood. Also, as a dissenting member of the Brickell Homeowners Association, we come as an independent organization. So, thank you for your time. Mayor Suarez: I didn't understand, does it... does that mean the association supports the application or?... Mr. Green: There was a meeting of the association last night and there was an eight to two vote. I was on the dissenting side. Mayor Suarez: Oh, dissenter? - OK. Mr. Green: Yes, sir. Mayor Suarez: All right. And that's obviously of the board? - not the general membership? Mr. Traurig: To expedite it, those who want to speak... Mr. Sharpton didn't have a chance to get into the record his review of the numbers. Very quickly then, Darryl, you've only got two minutes, and anybody else who wants to speak in favor of the project, please come up so that we can expedite. Mayor Suarez: You're going to tell us it has a fifty million dollar value added impact which translates to five hundred thousand dollars ($500,000) for us in taxes, equivalent amount for the county, bunch of employees, including domestic employees. Commissioner Plummer: And immediately when they get it built, they will apply for a reduction in their assessment. Mr. Darryl Sharpton: I'm Darryl Sharpton, managing partner of Sharpton, Brunson & Company. Our offices are located at 600 Brickell Avenue. I was engaged to perform an economic impact study as it relates to the Bristol Tower project. The benefits are vast and significant. I'll like to quickly go through what those are, generally first, and then specifically. It's a high quality luxury development which will provide significant community benefits along the lines of jobs, wages, taxes and economic output. A high proportion of the spending will be generated off site, going to local businesses. The 199 October 25, 1990 0 spending is targeted toward restaurants, recreation and entertainment, and transportation, principally. Due to the great deal of amenities that exist within the City of Miami, we see high capture rate, i.e. a high multiplying impact on those direct expenditures by occupants of this project. And generally speaking, the property values in the area should increase as a result thereof. I'd like to now go quickly to the specific tax benefits to the City, to Dade County, which includes ad valorem taxes and other impact fees. As you can see on the chart before you there, I have broken out these taxes in two phases, a development phase which is the period of construction, and annual recurring, annual recurring being, after the sell out annual projected taxes and fees that would accrue to the City and Dade County. Quickly, in the pre -development phase to the City of Miami, we are looking at about nine hundred, excuse me, nine hundred and eighteen thousand. In total, the City of Miami, Dade County, another two million three hundred. Impact fees to the City of Miami and Dade County, approximately four hundred and ninety-five thousand. Wages, as Mr. Traurig has mentioned, eight million eight hundred and sixteen. Economic output which happens to be a combination of direct, indirect and induced spending, as a result of land acquisition, construction, and the multiplying impact of spending, seventy-two million three hundred thousand. Again, that is all in the development phase. On a recurring basis, obviously there are no impact fees, but in terms of wages, a million six, economic output, a million three. Jobs created, two hundred and thirteen thousand, excuse me, two hundred and thirteen in the development phase, on a recurring basis, forty-nine. I'd like to move now to... Commissioner Plummer: Wait, wait, wait. Explain to me again why in the development phase the City would get nine hundred and eighteen thousand, but when it's finished you know, annual recurring, we only get six ninety-seven. Mr. Sharpton: The development phase covers a nineteen month time period. Mayor Suarez: It's not annual? Mr. Sharpton: It's... which is less than the annual twelve month period. So you have one point eight times the annual... Commissioner Plummer: Oh, so it's one and -a -half, it's almost two years, is that what you are saying? Mr. Sharpton: Yes. Nineteen months covers... Commissioner Plummer: But you don't pay high ad valorem on development phase? Mr. Sharpton: Excuse me? Commissioner Plummer: You don't pay high ad valorem on the development phase, because there is no assessment on it until it's completed. Mr. Sharpton: We have prorated... this calculation prorates the development cost, Commissioner, on an annual basis. Mayor Suarez: Is that because of that ordinance that we passed? - that tried to capture on interim... Mr. Joel Maxwell: Yes, sir. You're talking about the interim proprietary general services. Mayor Suarez: You know, we'd be happy if you paid that in taxes, I agree with Commissioner Plummer, I don't think that you'll see that kind of tax contribution during the development, but... Commissioner Plummer: So, in other words, the development phase is nineteen months... Mr. Sharpton: Yes, it is. Commissioner Plummer: ... as opposed to twelve months of so called annual recurrence. Mr. Sharpton: That's correct. 200 October 25, 1990 % 0 Commissioner Plummer: OK. That makes a difference. I thought we were getting cheated from him. Mr. Sharpton: I'd know better. As it relates to the next schedule that I think you have there, what I've simply given you is a breakdown of the various Impact fees that would accrue to the City of Miami, line item by line item, which total again, three hundred and seven -one thousand five eighty-nine, the bulk of being the development impact fee, two hundred and forty-three thousand nine hundred and thirty-three. The total impact fees and others again, approximately four hundred and ninety-five thousand. I have also been retained by the applicant to formulate a minority participation plan. I have already been engaged and have commenced work on that project. The goal is to obtain fifty-one percent minority participation and within that fifty-one percent to assure fifteen percent of that goes to black, competent, bondable contractors. If there are any questions, I'd be more than happy to answer those at the appropriate time. Mayor Suarez: OK. Mr. Traurig: Any neighbors who want to add any remarks... this gentleman. Mr. Alex Kashani: Good evening, I'm Alex Kashani of 1901 Brickell Avenue, also of Brickell Grove Realty, I'd like to make a few comments as to this project, and in favor of this project. Several factors one has to take into consideration is, one would be, that the value of properties on Brickell by the sale of this project are going to actually up, because the actual selling values have been between a hundred to a hundred and thirty dollars per square foot. This project being prices at a hundred and eighty per square foot, even if it is sold at a hundred and sixty, or a hundred and seventy, that would contribute drastically to the values of the sales on Brickell and the previous sales. And the average apartment that has been selling on Brickell for a two bedroom apartment that has been in the value of I would say, two hundred to two hundred and fifty thousand dollars, would increase to about three fifty to four hundred thousand dollars. Mayor Suarez: Didn't we approve a project for you recently on Brickell? Mr. Kashani: Yes, sir. You did. Mayor Suarez: Has construction begun on that? Mr. Kashani: Yes, sir. Mayor Suarez: When do you anticipate that that will be completed? Mr. Kashani: That project was sold, so they would be probably completing that I would say, by early January, I mean, early spring of the following year. - of 19... early spring. Mayor Suarez: You said it was sold? Mr. Kashani: Yes, we had sold you know, they had... Mr. Adressi had taken over and so he is managing that altogether. Mayor Suarez: And it is now under construction? Mr. Kashani: Yes, sir. It's on the fifth floor... is already done, and they have sold about already, ten or fifteen of those units, I believe. I have... Mayor Suarez: Because we had a little concern this morning about things that we have approved and then, time passes and... Mr. Kashani: Also, that project was an average... a square foot on that project was about eight hundred square feet. This project is about twenty- five hundred square feet. Mayor Suarez: I gather this is kind of top of the line here. OK. Mr. Kashani: Yes, sir. And it will contribute drastically to the values on Brickell. Thank you. 201 October 25, 1990 Mayor Suarez: And you are happy to have a more expensive project built close to yours? Mr. Kashani: Well, it balances off, sir. Mr. Ben Johnson: My name is Ben Johnson, I live at Brickell East, which is at 15th Road and Brickell Avenue. I moved here from Chicago about three year ago, and in my estimation, based on the plans that I know, the people that are involved in the project, I think this would add to property values. It's the type of building we need on Brickell to help attract additional people to the Miami community. Mayor Suarez: OK, thank you. Mr. Johnson: Thank you. Mayor Suarez: Final one, then we hear from the opponents. Ms. Danouchka Simon: My name is Danouchka Simon, I live at Villa Regina, 1581 Brickell Avenue, and I think I represent also the opinion of many of the people living at Villa Regina. We are in favor of the project. We think to have another very nice condominium in the area will improve the value of our property. It will also... Mayor Suarez: You are not a Realtor, broker, developer, any related industries? Ms. Simon: I do have Realtor licence, yes. Mayor Suarez: OK. Ms. Simon: But I am certainly most involved with... Mayor Suarez: You are also a resident of the area? Ms. Simon: I am a resident of the area primary. Mayor Suarez: You live there? Ms. Simon: I was at Imperial first, now I live at the Villa Regina... Mayor Suarez: OK. Ms. Simon: ... and I hope we can have some more money for the schools and everything you know, with this project. Mayor Suarez: We're always happy to have taxes, yes. OK. Ms. Simon: And hopefully, some protection for the manatees, because we do have a good population right in front of the buildings. Mayor Suarez: Thank you. All right, Mr. Fletcher. Vice Mayor Dawkins: Miss is getting with Mr. Fletcher; please, Mr. Fletcher. Mr. Sharpton, what is a black, bondable contractor? Mr. Sharpton: What is a black, bondable... Vice Mayor Dawkins: Bondable contractor. You said fifteen percent to black, bondable contractors, what is that? Mr. Sharpton: What my statement is intended to mean is, as long as the contractor is black, capable to perform the task, and bondable, we will attempt to use that contractor, and will use that contractor... Vice Mayor Dawkins: Then you were given the task to identify the minority piece, then you do not have black, bondable contractors on hand? Mr. Sharpton: I have spoken to... Vice Mayor Dawkins: Identified? 202 October 25, 1990 0 Mr. Sharpton: I have started the process, I have identified a couple of contractors. Vice Mayor Dawkins: Are they black and bondable? Mr. Sharpton: I think that they are, yes. Vice Mayor Dawkins: OK. What is fifteen percent of the project? How many dollars? Mr. Sharpton: Approximately, six million dollars. Vice Mayor Dawkins: Six million dollars. You are aware that we have a minority, for the lack of a better word, program, which says seventeen percent to women, seventeen percent to Black, and seventeen percent to Latin, are you aware of that? Mr. Sharpton: Yes, I am. Vice Mayor Dawkins: Then if you are aware that we need seventeen and you give me fifteen, where do I get my other two from? _ Mr. Sharpton: Fifteen is a, I don't want to say a guaranty. I will attempt to get the black participation at a level higher than fifteen percent, or higher than six million, but to make sure that my projections are reasonable, within the bonded capacities, I'm just trying make sure that I at least, get up to the six million period. Vice Mayor Dawkins: What about the Latin, seventeen percent Latin, what are you going to do with that? Mr. Sharpton: The particular construction company that is involved with this project has an excellent track record in terms of Hispanic contractors, and typically, have not had any problems in the past exceeding, significantly exceeding, that seventeen percent requirement. Vice Mayor Dawkins: And that seventeen percent criteria for women contractors, who are the person who is certified in the area which they are a contractor. Not somebody whose husband holds a certificate, or their boyfriend, or their brother, but a woman who has the certificate of competency as a contractor. How about that? Mr. Sharpton: I am in the process of making sure that that is in fact the case. I have not specifically done that as of yet, but obviously, it is my task, and quite frankly, I was impressed that the applicant put me in charge of such a project, so that I could ensure that that goal was accomplished, - Commissioner. Vice Mayor Dawkins: Mr. Sharpton, I am going to tell you publicly. I've gone through this with Bayside, with black bondable contractors. I went through this with the Arena, — black bondable contractors, and black bondable contractors did not get their fair share. I'm going to tell you, the developers and all, in the event that this is favorably passed, before any permits are pulled, you must bring me and this Commission, signed contracts with black bondable contractors for the fifteen percent. If you do not do that, then you not lived up to my expectations. Do not tell me that you intend to provide me with fifteen percent black bondable contractors, because that will not get it, OK? Mr. Sharpton: I understand. Vice Mayor Dawkins: Thank you, sir. Sorry, Mr. Fletcher. Mayor Suarez: Proceed, John. Mr. John Fletcher: No problem. Thank you, very much. John Fletcher, 7600 Red Road in South Miami is where my office is. And I've been asked to represent the Brickell Homeowners Association, which is a group, I believe of fourteen condominium associations that formed together about three years ago, to try and assist the City if you will, on looking at projects to protect the area as they see it in the way that they want to see it grow. For the life of me, every time I come down to one of these hearings, and it's always a 203 October 25, 1990 0 V pleasure to be here, I can never understand why it is that a developer can't build a project that meets the simple standards that you people thought that you were setting up in your zoning code, and always has to get a bonus for some reason or other. I was trying out how to figure out how to tell you our story. When I was reading the paper this morning, trying to relax before going to the Dade County Commission, and there was an article in there... right, not easy to do. There was an article in there "vote schedule on thirty-eight story condo." and I don't mean to drive you nuts reading this, but it says "Miami Commissioners will be asked today to approve a thirty-eight story, that's thirty-six residences plus the two parking garage, luxury Brickell condominium, that would be twenty percent larger than normally allowed under City codes." And I wondered how somebody else who doesn't know --- anything about this would you know, feel when he drank his coffee on reading that. "Typically, developers would have to pay the City for so much extra bulk. A four hundred and one thousand dollars ($401,000) charge for the proposed Bristol Towers at 2127 Brickell Avenue. The money would go to create affordable Miami housing." Mayor Suarez: Is that if they wanted twenty-five percent, instead of twenty percent more? Mr. Fletcher: Up to twenty-five percent. "But Miami planners who favor the building's approval say that the one hundred and fifty-nine unit condo complies with the never before used special planning rule, that allows oversized condos, with no extra fee, when they offer needed housing, and a creative design." You mean they are not going to give us needed housing and a creative design if they don't get the bonus? - they're going to... ha, ha, that always fascinates me when I hear that. Anyhow, having read that article... Commissioner Plummer: Just for the record. Mr. Fletcher: Yes, sir. Commissioner Plummer: Where did that little tidbit come from? Mr. Fletcher: This little tidbit? I really haven't the faintest idea - not from me. Not from me, I never tip off the press about anything. Mayor Suarez: Was it from the palace of malice by the bay? Mr. Fletcher: That may very well be. Mayor Suarez: Otherwise known as the Miami Herald. Mr. Fletcher: Yes, this was the Miami Herald, yes, OK, - in the Neighbors section, today. Commissioner Plummer: That figures. Mr. Fletcher: And I thought it was amusing, anyhow. The Brickell Homeowners Association doesn't want to nitpick to death parking spaces, or whatever those spaces are we were talking about before, that's from a report that Mr. Pace, Rocco Pace, a very fine architect who is here with us tonight, did so that we could take a look at everything that seem to be a little bit outside the code, so we would know what was happening, and then we'd pass that information along to the City and receive some responses. Our principal concern is this twenty percent bonus, and I tried to take a look to see what justification there was for it. And Mr. Olmedillo was kind enough last night to come out to the Brickell Homeowners Association meeting and explain some of this to us, and I'm sure he will correct me if I am wrong on this. But looking at ever simplified eleven thousand zoning code, there is a section in there, seventeen hundred, which is "major use special permit" that I didn't think that this project was required to come in under, under ordinary circumstances. Maybe it was. But as I understand it, it came in under section seventeen hundred, and if I can turn to it... and I hate to... I don't mean to read to law to you, it's always lousy for lawyers to do at these things, but section... articla seventeen talks about your major use special permits, and it says that if you... you have to get one, if you want to, under section eight, get any increase development bonus pursuant to section nine fourteen of this ordinance, or any plan development district. So I was curious about what nine fourteen was, and what the development district was. And the development 204 October 25, 1990 V district seems to be... as I learned it years ago when we were all taking our seminar in zoning, intended to be multiple buildings in an area in which you are laying out a great plan for a new neighborhood, or you're trying to — develop some project that has multiple buildings in it, and you dedicate streets, and rights -of -ways, and a pattern, and you can exercise some sort of new plan or whatever, for a number of things in the area, not just one building. But I look at your code and it's not really all that clear, so maybe there is, you know, something to be said for staff saying that plan development can be one building. Until you look at nine fourteen, that's the other thing for which you need a major use special permit, and when you turn to nine fourteen, you see there they are talking about an increased development bonus for a building under there. That's where a building comes in. But under that particular provision, it says "for every additional square foot of buildable space approved is a development bonus, the user shall make a non refundable developer contribution of six dollars and sixty-seven cents ($6.67) to the Development Bond Trust Fund administered by the City of Miami, Planning Department." So why would a developer pick, not pick, for his building, getting up to twenty-five percent... twenty percent is under twenty- _ five percent, well, and try and get the planned development. It starts to become clear that what is happening here is this is a way to avoid paying the = City under section nine fourteen, what would be, according to the newspaper, four hundred and some thousand, but according to calculations we've made, something like nine hundred thousand. If I'm wrong, I'm sure I'll be corrected by one of our people who will be talking. Mayor Suarez: It's six sixty-seven per square foot? - additional? Mr. Fletcher: It says here under nine fourteen, yes, $6.67 square foot for every addition square foot of buildable space. Now I don't want you to think that because this money is paid to the City, my people will all of a sudden say, oh yes, now we are in favor of it. Mayor Suarez: How big is the structure proposed, John? Mr. Fletcher: The structure is proposed... well the additional bonus is sixty thousand square feet, to figure it out. I picked that figure up, it's actually sixty thousand plus. But my people still would be opposed to this, and I think one of the things that they will tell you when they get up, is... Mayor Suarez: Then the Herald was right about four hundred thousand dollars ($400,000) I don't know where you got the nine hundred then. The additional square footage is where you are probably wrong. Go ahead. Mr. Fletcher: That could be. I am not an expert in that and I don't purport to be this, I'm just talking to you as a lawyer, as to what I see the legal things are. Now, one of the problems with giving all these extra bonuses is that, symptoms appear, and you know from your experience and I don't have to tell you, that when somebody comes down to get a bonus or to do something more than the code ordinarily permits, then they start taking away other things that benefit the public. For example, just a quick one. Your waterfront charter, excuse me, the City charter relating to the Waterfront. And a charter is like the constitution of the City, it governs over your code provisions. The code is not allowed to be in conflict with the charter. Charter can conflict with any code it wants to and prevail. Now waterfront property it says, forgive me for reading again. "In order to preserve the City's natural scenic beauty, to guarantee open spaces and to protect the waterfront, anything in this charter, or the ordinances of the City to the contrary, not withstanding, neither the City nor any of its agencies shall issue permits for any surface parking or enclosed structures located on Biscayne Bay," and you go down to sub section "B," "which do not have average size yards, equal and aggregate to at least twenty-five percent of the water frontage of each lot," blah, blah, blah. What this says is, you can't have any enclosed structure in the twenty-five feet set back when you abut the bay. Now the City says, oh, well, we have by code, permitted forty-two inches in height to be in those side set backs, but as we said before, and as the charter itself says, the code can't conflict with the charter, the charter governs over the code. So, once you start working on the premise that the code governs under the charter in these waterfront matters, you could pass almost anything that would negate the provisions of the charter itself. And I think the waterfront provisions are very important. Mr. Pace was kind enough to find this out for us when he did his search. I don't want to drive you crazy with all of the things that we are concerned about because most of them 205 October 25, 1990 4� t are symptoms. The necessity for relief from the Shoreline Review Committee, is a symptom of the problems of bonuses and what have you. Now I'm not going to drive you crazy with that because that's separate. They made their decision, they made their recommendation to you, and I won't go through what was a very long hearing at the Shoreline Review Committee for you, except to point out that again, exceptions were granted by the Shoreline Review Committee. Incidentally, they had two hearings, because the first one wasn't properly noticed. In my opinion, the second one wasn't either but at least the second one brought me and one other person out, and at the end, the developer contributed an additional five or... contributed five thousand dollars ($5,000) to get his exceptions from the County. - I thought that was pretty cheap to get those kind of exceptions, but again, I don't want to talk about money, I don't like the idea of money. My clients do not want to see bonuses given. I think the planned area development provision in here is being just stretched to the limits so that it can be done. If it would be done, it would be under nine fourteen, and that's not what they have asked for, so we think it should be denied. Mayor Suarez: Would you support it if it were? Mr. Fletcher: My clients would not support it. No, sir. Mayor Suarez: If they gave us the four hundred thousand dollars ($400,000) and got twenty-five percent, more density instead of twenty percent. Mr. Fletcher: Everybody wants to get... well no, it will be twenty percent, it will be up to twenty-five percent on that section. Mayor Suarez: Well presumably, they would then go up to twenty-five. Mr. Fletcher: They'd come back for twenty-five percent and if you mended it, they'd come back for forty percent. In any event, I would like my people to come forward... I say my people, my clients to come forward, they are your people, my clients to come forward and present to you what they have to say about this, if they may please. We we'll make it as brief as we can. Mayor Suarez: We suspect that if they had to chose between you and us, they would choose us, so in that sense, they are our people. Mr. Fletcher: Yes, they would. Commissioner Plummer: Yes, only because we are cheaper. Mr. Fletcher: I'm not sure, I'm not sure. I haven't gotten paid yet. Ms. Barbara Varona: For the record, my name is Barbara Varona and I represent the Brickell Homeowners Association. I am a member of the committee that was formed to protest the Bristol Towers project. I also am here as president of the Brickell Biscayne Condo Association. I don't want you to think that we are here to go against any development on Brickell Avenue or that the Brickell Homeowners Association is there to argue against any building that's going to be built. The reason that we are here is that we are against the building of a building of this scope, size, and importance to be allowed to be built without strict adherence to zoning ordinances. Just because we may all want a beautiful new building on Brickell Avenue, does not mean that we should give a licence to developers to exceed the building and zoning codes that City officials are mandated to enforce. As we all know the zoning codes were put in place to protect the community and the City. Therefor they should be strictly adhered to and enforced. I urge you not to allow the City or people's desire to see a beautiful structure built to confuse or cloud the issue. We all want to see great new buildings built, but we should insist that they are built within the parameters of the zoning codes that have been put in place for everyone's benefit. If this developer is allowed to exceed the permissible use of the land, it will certainly have a direct adverse effect on the community, but more important, the cumulative effect of allowing the developer to do this. If you allow this developer to overbuild on this piece of property, simply to enhance the size of his building and the profit potential, then you are giving a licence to the next developer in the area to also have such discretionary powers. That will have a very, very bad effect on our community. There are still several vacant parcels of land on both sides of Brickell Avenue and that are ready for development. Please, let's not have this first major development to be built in, like eight years, set the 206 October 25, 1990 wrong precedence. As you know, the Planning Advisory Board heard this issue and approved a major use special permit in September, but I ask you on behalf of the Brickell Homeowners Association, that you disregard the recommendation on this matter, and evaluate the facts independently as they have been presented here. Then hopefully after hearing the facts, this Commission, a body of elected officials, will do what is in the best interest of the community and the City, namely, insist that any development in spite of how pretty or desirable it may be in principle, must adhere to all the building and zoning ordinances and codes. I thank you for your time and attention. Mayor Suarez: Wait, wait, wait. The code gives us two alternatives. One in which we will permit up to twenty-five percent more density if they paid us some money that we would use for a housing trust fund - God know, we could use money into that. That's not what they are going under. They are going under a provision that says, if they get a planned development, if... pursuant to planned development overlay, if they do the kind of project that we want, that we like, that we think tends to preserve more green space, and just sort of esthetically and otherwise more pleasing to all of us, we will give them up to twenty percent more. I'm not sure that makes any sense, but if it makes any sense at all to have, is this the kind of project that you think will call for us, if you were the elected official, to consider I mean it is a beautiful project - Or do you just think that this whole concept of allowing twenty percent more density is just crazy? Because you have spoken as if they were exceeding the code. Actually... Ms. Varona: OK. They are looking for something... Mayor Suarez: We have this discretion to go twenty percent more. Ms. Varona: Exactly. You have the right to make that decision, yes. Mayor Suarez: Right. Ms. Varona: But the fact is, is that if you make the decision here, you're setting a precedence that other people are going to come before you and maybe not have as beautiful building, et cetera, and then the precedence is set and they can say, but you gave them the twenty percent, and you didn't ask for anything in return, you didn't anything, there was nothing made. Mayor Suarez: And the basic objection is, that it's just the massiveness of it? Ms. Varona: The basic objection is, number one, there are code violations which I know John didn't go into that we had objected to, plus the fact that they are getting this extra space that they really aren't entitled to. Mayor Suarez: So you think that 1.72 FAR, which is what defines essentially the amount of density that should be on there, in accordance with our code, is the ideal, or you think even that is too high, or what? Ms. Varona: I think that you must have put it into the old ordinances thinking that it was ideal, and that if there was an exception, this is where you could use it for some certain reason that was a benefit to the community and a benefit to the City. Mayor Suarez: Yes, I'm not sure that we should have given ourselves that discretion. Ms. Varona: As it sits here, even if they give you "X" amount of dollars or whatever, it doesn't mean it's going to benefit our community. Mayor Suarez: By the way, it's twenty percent. I mean, you talk about twenty percent and it doesn't necessarily mean anything to you, in this particular case, twenty percent is seven stories, roughly. OK, thank you. Mr. Jim McMaster: My name is Jim McMaster, I live at 2940 S.W.., Mayor Suarez: Don't tell me you live in Brickell too, now. Mr. McMaster: No, I want to assure the Commissions, I still have my blue jeans on and I still live in Coconut Grove. 207 October 25, 1990 Mayor Suarez: Unlike the Brickell people, this is from a neighborhood that does typically oppose anything that is any variation, whatsoever. Mr. McMaster: Let me think for a while. I got involved in this because Mary Ann Esquivel-Gibbs was hired by the Brickell Homeowners Association to be their P.R. person and explain things to them. So I agreed... Mayor Suarez: Mary Anne Esquivel-Gibbs of the Miami Herald? Mr. McMaster: Formerly. Mayor Suarez: Formerly of the Miami Herald? Mr. McMaster: Formerly, formally. Mayor Suarez: Married to Tucker Gibbs of Coconut Grove? Mr. McMaster: Tucker Gibbs, right. Yes, sir. Commissioner Plummer: And she was hired by who? Mr. McMaster: The Brickell Avenue Homeowners Association. Mayor Suarez: Ah huh. Mr. McMaster: And so she asked me as a friend, since I know a little bit about the ordinance, to review this project and see if it conformed. And so I... Mayor Suarez: In fact, she was the zoning reporter for the Miami Herald. Mr. McMaster: Ah, well. Actually, she saw someone who would do the work for her, let's get down to basics here. So I took my trusty copy of the ordinance that this Commission adopted on March 8, 1990, it became effective on September 4, 1990, and in August, I took this document that took two years and about thirty public meetings to put together, and I reviewed this project. And I went back to Mary Anne and I explained her, well the proposed loading stalls that they are proposing in the underground structure don't have the proper height. The side yards are half of the size they should be. There are light planes that start cutting into the building at the 26th floor. Mayor Suarez: I was afraid that you were going to get into light planes. Commissioner Alonso: I know. Mayor Suarez: They do that in Coconut Grove. Mr. McMaster: Yes, sir. There are no light planes anymore in the R-4 district on the sides, they've been taken out. Mayor Suarez: For the record, when we talk about of light planes, we are not talking about some sort of an aircraft that... of light material but we are talking about the shade that a building throws off on her neighboring property. I guess that was the thought that some planner, probably like one of these two guys you see up here, have nothing else to do but read planning documentation, and treatises, that came up with that concept and took away the simple height, you know, setback and even FAR which is actually kind of complicated, square footage. Mr. McMaster: Fortunately or unfortunately, in R-4 they have taken the side setbacks light planes out. This document here requires a twenty foot landscape yard in the PD district, against adjoining districts. This document here requires any of these special exceptions to go to the zoning board, and I was hoping that Lucia Dougherty would be here, because I wanted to say by... apparently by the luck of the Irish, in housekeeping changes, between the time this Commission adopted this on March 8th, and the time this project was filed in July, all of these problems that would have interfered with this project was taken out ... were amended in housekeeping changes. So Mr. Traurig is right, this project, as proposed, does conform to ordinance 11000, but it just... I find it disturbing that all these changes you know, including right down... 208 October 25, 1990 Mayor Suarez: So you're not supporting them? Mr. McMaster: No, sir, no, sir, no, sir. I find that this is the one issue... I just find it very disturbing how all these changes suddenly are made after two years and thirty meetings and we all go home, and I must say I _ did get the agendas, and I remember reading R-4 and light planes, or something, but I basically ignored it because we had already done this document. I think the other important issue here is this bonus. I think that clearly, if you are talking about a planned development, this project was reviewed by the Heritage Conservation Board. It's getting a class 2 permit for design review. It was reviewed by the Metro Dade County Shoreline Development Review Committee. Its setbacks are regulated by the City of Miami's Waterfront Charter Amendment. It has a seventy foot right-of-way dedication along Brickell. They are selling million dollars apartments. If there is ever any building in the world that doesn't need any review by anyone else, it's this one. This is not a planned development, it has all the reviews it can take, including class "C" for design review. If this Commission allows this to be a planned development, you might as well throw out section 914. Mayor Suarez: Who does the class "C" design review? Mr. Sergio Rodriguez: We do, in the planning department, Class II. Mayor Suarez: And what kind of criteria do you apply there? - the kind architecture you like, or what? Mr. Rodriguez: No. There are seven findings that you have to make. It relates to the finding as to the effect... harmonious effect with the neighborhood. Mayor Suarez: Harmonious effect with the neighborhood. OK, what else? Mr. Rodriguez: You want me to go into detail? - so I don't be misquoted. Mayor Suarez: I wanted to get an idea just to... Mr. Rodriguez: Let me get the ordinance so I won't be misquoted. Mayor Suarez: OK, that's all right. Vice Mayor Dawkins: Mr... Mayor Suarez: It's all right, I've got an idea that it's pretty discretionary, I didn't know we had anything in our code that discretionary. Vice Mayor Dawkins: Mr. Rodriguez. Mr. Rodriguez: Yes. Vice Mayor Dawkins: Is the statement true that all of the issues that are allowable now, were disallowed prior to the house cleaning items that we passed? Mr. Rodriguez: I don't know exactly what he is referring to, but one of them was precisely the one that the Mayor was referring before. The light planes that he couldn't... that he was referring that he was objecting to, was the one that we eliminated that he is now inferring that we eliminated because of this project. Vice Mayor Dawkins: That was not my question. Mr. Rodriguez: That's your question. Well, I think that's what you were saying. Vice Mayor Dawkins: My question was, is he correct in saying that most of, or all of the allowables were disallowable to prior house cleaning acts by our planning department? Mr. Rodriguez: I will have to review what he is saying, because he made an easy accusation, or not accusation, luck of the Irish type of a statement that is very easy to make, but it's not that easy to prove in the record in front 209 October 25, 1990 of you. I noticed one of them that he was referring to, which is the light planes that was affecting them negatively, that we eliminated because this Commission instructed us to eliminate because it was very complicated. Vice Mayor Dawkins: OK. Now we went through 9500 with house cleaning, now we've got this one, are we going to continue to go through here every time I look up with house cleaning items that eliminate, quote unquote, those disallowables and make allowables? I'm asking because... for information. Mr. Rodriguez: You will have from time to time, amendments to the zoning ordinance to keep up with any changes that we need to make that we believe not are addressed properly in the ordinance, and make any corrections which are necessary. A zoning ordinance is not a static piece of law, it's an ordinance that has to reflect the changes that we deal with in the neighborhood and in the community that we are living. And reflect the mandates that are received from you in the meetings and the hearings from time to time. Commissioner Plummer: The difference is, in the old days they would have to apply for a variance under the application, and now the flexibility is given to the zoning administrator, that's the difference. Mr. Rodriguez: So yes, you will have from time to time, amendments before you, hopefully, they will come all at the same time so that you can spend a day, maybe, dealing with all these amendments at the same time as compared to before in which I was trying to bring them as the situation arouse, you know. Vice Mayor Dawkins: When we do from now on... Mr. Rodriguez: Yes, sir. Vice Mayor Dawkins: ... have any house cleaning issues, I want all of the Coconut Grove Homeowners Associations alerted that we are going to do this, and I want you to get them out here... Mr. Rodriguez: Mr. Vice Mayor. Vice Mayor Dawkins: You, to get them out here, so that they can help me monitor what we are doing. Mr. Rodriguez: Sure. Mr. Vice Mayor, if I can help you with this statement - Mr. McMaster comes to my office, I think almost on a weekly basis, to review the work that is being done. They are notified of all the changes that we have. Vice Mayor Dawkins: But I work at Miami Dade Community College. I do not have time to come here, because this is a part time job... Commissioner Plummer: Oh, it is? Commissioner Alonso: I didn't know that. Vice Mayor Dawkins: ... my full time job is Miami Dade Community College where I get paid handsomely. I don't get paid handsomely here. So therefore, I spend my time where they pay me, so that I can get paid. So therefore, I need all of the assistance that I can get in order to understand this. They have been assisting me and we've been understanding this, OK? Mr. Rodriguez: Sure. Vice Mayor Dawkins: They have just become involved, I want them alerted. I want everybody down here who can help me understand what we are doing, so that when these things come up I can say, yes, you're right. I did sit here and allow them to do that. OK? Mr. Rodriguez: We will continue doing what we are doing, which is notifying in each case. Vice Mayor Dawkins: All right, don't tell me... you see, do what I ask you to do. I asked you... oh no, I'll do better than this. Tell the City Manager that Miller Dawkins said, for him to instruct his planning department to } notify every homeowners' group in writing for every home cleaning item, I mean house cleaning item, that we are going to do on, what is it, 1100 instead of 9500? 210 October 25, 1990 Mr. Rodriguez: Eleven thousand. Vice Mayor Dawkins: Eleven thousand. OK? Mr. Rodriguez: Sure. Vice Mayor Dawkins: Thank you. Mayor Suarez: That should have told us right there that we were in bad shape, we've got to have a section in our code that's 11000, imagine five digits. Anyhow, all right. Mr. McMaster: Oh, I have a few more words, I'll make it brief. Mayor Suarez: That's what happens when you go from Brickell to Coconut Grove, you start being like this, obstreperous to the maximum. All right. Mr. McMaster: Exactly. I'm viewing this from a citywide point of view. I do understand that the Brickell Avenue Homeowners Association, the Commission have to hash out whether this particular project should be paying, should get the bonus, and should pay the four hundred thousand ($400,000). From a citywide point of view, I would like to point out that your PAB did make the recommendation that the Commission make an appropriate contribution to the City's Affordable Housing Trust Fund, the planning department has made the same statement, I'd like to point out that Miami Today, not the Miami Herald, Miami Today, Miami asked fifty million dollars ($50,000,000) for housing, this Commission is going to ask the voters to approve a general obligation bond, I don't see how you could let the voters, or ask the voters to approve something like this, when you have a section of yours that clearly pertains to this building. And last but not least, I will like to point out that according to the public records which I trust I can believe, this property was purchased in 1189 for four million seven hundred and fifty thousand dollars ($4,750,000). If they had wish to purchase a larger parcel of property in this location that was twenty percent larger, it would have cost them an additional nine hundred and fifty thousand dollars ($950,000). So using the City's formula, it's four hundred and one thousand dollars ($401,000), if they had paid for it on the open market, it would be nine hundred and fifty thousand dollars ($950,000). It is clear that if this Commission does decide that it's in the Citywide best interest to allow this under 914, clearly this developer should be required to pay the full amount. Mayor Suarez: That's an interesting way to look at it. Mr. McMaster: Thank you. Commissioner Plummer: Let me ask a question. Under our 1100, is the twenty- five percent bonus an option, or is it at the subject of the Commission approval. Mr. Rodriguez: It's an option that the applicant can apply but it is decided by the City Commission. Commissioner Plummer: So... Say that again? Mr. Rodriguez: It is a decision by the City Commission at the end. Commissioner Plummer: The City Commission can in fact judge yes, or no in relation to the twenty-five percent? Mr. Rodriguez: Yes, sir. Up to thirty-five percent. Commissioner Plummer: OK. And of course, obviously, the same is to the twenty percent? Mr. Rodriguez: Yes. And let me clarify something since you're asking that question. The difference between that section of the ordinance which is a twenty-five percent without any proof whatsoever, as compared to this section of the ordinance, which is up to twenty percent, is, in that in this particular case it is subject to a review of the whole project that is much more detailed, and that it gives you the opportunity if you want to put the condition of requiring the same amount of contribution on the housing trust 211 October 25, 1990 fund, which is one of the conditions that we put in our recommendation. So what this is doing, is giving you the opportunity to have the review by the Planning Advisory Board and by yourselves, and on top of that, if you feel that this is what you will like to do, you can require the same amount of contribution that you have in the other section and get... and have your cake and eat it too. Commissioner Plummer: But you see, the people that are here objecting tonight, as I understand it, are really not objecting to the project itself, what they are objecting to is the provision that allows for bonuses. That's where they are objecting. And really, what they are saying is, that they wish the City didn't have that provision within its code. Because the Mayor asked Mr. Fletcher if these people paid the four hundred and one, or four hundred thousand plus dollars, would your people be in favor of it, the answer was no. So what they are really objecting to is that provision in the ordinance, as well as of course, as it being applies towards this project. Mr. Rodriguez: And in that particular case, I want to remind you that the direction to increase the ordinance came from the Commission. This is another way to have that increase in a lower level and with more reviews done by the staff. You can instruct us at any time to bring an amendment to you, or the ordinance that will reduce both of those provisions if you want, sir. Commissioner Plummer: Well, speaking to what... Vice Mayor Dawkins: In other words, I can order a house cleaning item that will delete this? Mr. Rodriguez: Sure. Commissioner Plummer: Yes, and I think one of the problems that existed under the old ordinance was, that all of these so called housekeeping items that were either changed, where today can be administered and adjudged by the planning administrator, used to come as part of an application as a variance. Mr. Rodriguez: No, not in this particular case. Remember, this case is before you here today because... Commissioner Plummer: In the old days under 9500, if there was to be a reduction in the loading bays for example, that would have been a request for a variance. And in effect, we, the Commissioners, would be handling this more in a total picture. Because I don't know, because Bob said he wasn't going to address them, John said he wasn't going to address the little issues, I don't know how many little issue there are. We know about the loading bays. Now are there two other issues that are so called little ones? - are there two hundred or there are two dozens? - I done know. Mr. Rodriguez: Remember Mr. Commissioner, that in that particular issue of the loading berth, that that is the kind of the issue that is reviewed normally by the administration, because it is very specific and technical. That we make a decision after notifying all adjacent property owners, and that that decision is appealable to the Zoning Board and the City Commission, so ultimately, if there were to be an issue that will be important, it will come to you. Commissioner Plummer: You know I would believe that if I haven't had a number of cases of people who came up here to complain and were told, we are sorry, you didn't file within the fourteen day period. Mr. Rodriguez: They are advised though. And do you know how many cases we have had of class II, we have had about two thousand cases that we have reviewed, and we have had I believe, about fifteen or twenty appeals to that case, and we sent notification to everybody. Commissioner Plummer: OK. Mayor Suarez: OK, finish up, please. Mr. McMaster: I think what might clarify this is, the section 914 is also done by Major Use Special Permit pursuant to the requirements of article 17 of this ordinance, so if I am reading this correctly, both the 914 bonus and the PD would both be done by the Major Use Special Permits, and they both get the same detailed review by the Planning Department. Thank you. 212 October 25, 1990 0 0 Mayor Suarez: OK. Anything further? Mr. Fletcher: Yes. On the little items, I didn't want to get into them because they are symptomatic of what happens when you get the bonus. For example, the 42 inches that the enclosed structure, the parking garage, sticks _ up into the setback and runs out pretty close to the sides of the property. That's symptomatic, they need that extra space in there to deal with the problem that they are creating by the bonus. Commissioner Plummer: Well now, that's not what I heard John. What I heard, and you correct me if I am wrong. Mr. Fletcher: Sure. Commissioner Plummer: That the normal setback required of this project is 10 feet on each side, OK? And that in fact, a 42 inch high structure does not run within that 10 feet. Mr. Fletcher: I'm sorry, we are talking about the waterfront setback, and the Shoreline Review Committee setbacks. Commissioner Plummer: Oh, OK. All right. Mr. Fletcher: Yes, I'm sorry, I didn't mean to mislead you on which kind of setbacks were. Those haven't been met. The Shoreline Review Committee had to give an exception to that. As I say, that's not... you can consider that and whether or not you want to approve the project, but that's for them to have... the Shoreline Review Committee to have recommended to you. But your City charter prohibits that 42 inches clearly, that has to be in that setback provided the City charter cannot have structures that are enclosed, any structures that are enclosed - that's one problem. Mayor Suarez: By the way, the 42 inches I think, was intended to cover something entirely different from this kind of a structure. I think it was intended to cover either small walls, or... Mr. Fletcher: Yes. Mayor Suarez: ... other equipment, maybe a dog house or something, but not you know, a huge basement. Mr. Fletcher: As Mr. Olmedillo said, a pool pump. Mayor Suarez: Yes. Mr. Fletcher: But this is a parking garage, it's the pillars for this building they wish to erect. Mayor Suarez: OK. Anything further? Mr. Fletcher: And that's clearly in violation. I'm sorry now, good. We have more we could go into if you really want to hear about them, they are the smaller items, and Mr. Pace is here and can address them, but I don't know really whether we should take your time to do that when the cause of these problems, the Shoreline Review Committee problems, the problems with your City charter, the parking problems, I don't know why we have the undersized units - 200 square feet in the building which also was pointed out by our architects. These are symptomatic of bonus. Mayor Suarez: Undersized units in the building? Mr. Fletcher: Yes. The employee units. Your code says that you have to have, what size is it Roco? - four... 500 square feet. Every unit that is... in a building in this area, has to be a minimum of 400 square feet. These units that they are putting in for the employees are 200 square feet, and they excuse it by saying, well, it's for employees, and it's going to be next door to the big unit. This again is just symptomatic of a developer doing something to get a change from the code in some fashion, or to get an interpretation of the code in some fashion that relieves him from an obligation. These are many of the things that the Brickell Homeowners Association is trying to avoid have happen. They want you to impose the code 213 October 25, 1990 0 0 as it's written. And if I could address... when I was talking about the Planned Development before, I wasn't clear enough to you, obviously. I do not believe that the planned development provisions are applicable to one building. If you read those particular provisions in there, they are talking about an area that's going to be more multiple building - in some instances, a combination of uses in the buildings. But to take a planned area development ordinance and apply it to one structure, is... I won't use the word absurd. I'm sure your code didn't intend that, and I believe you can construe your code so that you can conclude that it does not intend, that the planned development applies so that a twenty percent bonus can be gained to one building. As I said that, if you're going to apply that and I hate to keep saying it because I don't want to talk about money, then it's under section 914 which does apply to one building. And thank you for listening to me on that again. I'm sorry, whose place did I take? Mayor Suarez: OK. Mr. Peter Isaia: My name is Peter Isaia, I'm an officer of the Brickell Townhouse Association and it is located at 2451 Brickell Avenue. We are a twenty-six year old residence, consisting of 365 units of one, two and three bedroom apartments, and there are approximately 750 voting citizens in our building. The matter tonight is not one for me to bring before you, though I appreciate your giving me the opportunity to discuss the statistics have been already been divulged, but to express the wishes of a majority of the residents who reside in the fourteen condos on Brickell Avenue. We had a meeting a good month ago, this matter was completely discussed, all of the details explained to us, we voted upon it and it was clearly indicated we were not in favor of this development in light of the codes that were being violated. We were not opposed to the development, but to the codes that are being circumvented. That matter necessitated a special meeting on October 4th, and I'll read this very brief paragraph, because it speaks for itself on a... Certificate of Corporate Resolution of the Brickell Homeowners Association. "Resolve that this corporation hereby rescinds and withdraws any previous endorsements, either oral or written in favor of a proposed building know as Bristol Towers proposed to be built at 2127 Brickell Avenue, Miami, Florida, and that this corporation's official position, is that it is opposed to the building being allowed to be built as currently proposed, and also, that this corporation is not in favor of the developer being granted a twenty percent FAR bonus." What I'm trying to say, ladies and gentlemen, is that, we do want to see Brickell Avenue prosper and become more than what it is, but we want it done properly, and we cannot afford to allow codes to be circumvented only to open up pandora's box for the next developer. Thank you. Mayor Suarez: All right, thank you much. Anything further, John? Anything, quickly, please. Mr. Micky Biss: Micky Biss, 2025 Brickell Avenue, I'll please you all and be as brief as possible and not cover anything unnecessarily that has been covered. I am the chairperson, chairman of the Brickell Homeowners Association, I consider myself the founding father of that organization, I happen to also be the president of the Atlantis on Brickell which is one of the nearest condominium complexes to the proposed building project. And as many of you know, I am a large property owner on Brickell and nobody would like to see property values go up more than I would, nobody would like to see the area enhanced more than I would. The project is a beautiful project from what I can see. It's slick, it beautiful, it fits in, but it's too big and it's over packing. It's putting ten gallons of water into an eight gallon can. All we are asking you... we are not saying make that piece of land stay vacant, we are not saying don't let the developer build, we are not saying put any hardships on the developer, all we are saying, and we are urging you, as the 6000 approximate residents of the area, don't let the developer exceed the code. Let's preserve the community, let's not have the accumulative effect as Barbara said, of setting the wrong precedence for the first major project to be built in eight years on Brickell. Please, just make the developer adhere to the code. We didn't come here tonight and spend our own money to hire counsel, two architects, and get expert opinion so that we can get a larger contribution to the City. We're not here for money as Mr. Fletcher said. We are not here to get the developer to contribute more. We are here to beg you, this distinguished board, to ask the developer to go back to the drawing board 214 October 25, 1990 0 0 literally, and build the building within the boundaries and confines of the code, the new code, and not to start giving out bonuses which, by their own numbers has approximately an eleven million dollars ($11,000,000) extra in the sixty thousand some odd feet, equate to approximately eleven million dollars (11,000,000) worth of floor space that they can sell. If I was developing the building, I would ask for it too, it would be a selfish request upon the community. I don't blame them for asking for it, I urge you not to just get some more money, not to impose bigger penalties on them, just ask them to go back to the drawing board and build the same beautiful, fine building, but down to size within the code. Thank you. Mayor Suarez: Thank you. Quick rebuttal. Commissioner Plummer: I keep hearing the same thing. What you really want is that provision taken out of the code. That's what I keep hearing. Mr. Fletcher: Commissioner, excuse me. What I would like you to do is, in understanding the planned development, understand that it was not intended to apply to one building to give them some benefit, but was intended to apply to a development that would be of multiple structures, multiple uses - construe that, that's your code, it hasn't been construed yet, it's the first time anybody has been here. In my years of zoning practice, I have yet to see planned development be one building. That's not planned development that's just designing a building. One reason I waived my objection, by the way, to any expertise on the part of Mr. Traurig's people, was because I wanted to be able to say at the end, all these wonderful, brilliant people can go back and design a building that's twenty percent smaller. Mayor Suarez: All right. Mr. Maxwell: Mr. Chairman, Mr. Mayor. Mayor Suarez: Yes. Mr. Maxwell: Just for the record to reflect... could you have Mr. Rodriguez please, to indicate on the record, name and title, please. Mr. Rodriguez: Sergio Rodriguez, director of the Planning Building and Zoning Department. Mayor Suarez: Do you want to make a quick statement, Mr. Cotten? Mr. Bruce Cotten: Yes, I'll make it quick. My name is Bruce Cotten, I live at 2004 Brickell Avenue. I came here primarily because, I was here before about three and -a -half years ago before you people, accept for Commissioner Alonso, and we were objecting to 2100 Brickell, the project going up there. Not the developer, but the lot owner at the time just wanted to go up another five feet, and you allowed it, and he came back for another five feet and you allowed it, and that ended up allowing a higher density in that area, and now I look at that place which is right beside me and it just makes me sick because it... I don't know what's going to happen over there but I don't see how it's going to turn out well. And so when they asked me to come forward, I just had to remind you of that project. All the trees that were removed there and planted along the parameter have dies, at least the ones that are on my side, and that area is just turning out terrible as far as I'm concerned, so I agree with what Commissioner Plummer was objecting to, or saying - my feeling is, don't allow exceptions to the code if it's going to hurt the area. Thank you. Mayor Suarez: OK. About final rebuttal? Mr. Fletcher: One second. This is the last person that came. Mayor Suarez: One minute ma'am. Ms. Anne Rosen: Mayor, ladies and gentlemen. Mayor Suarez: There is nothing being said really, that any different from everything I've heard. I really... Ms. Rosen: OK, I just want to say that... 215 October 25, 1990 0 Mayor Suarez: Give us your name and address. Ms. Rosen: My name is Anne Rosen. I live at Brickellmar which is adjacent to the proposed project. I am here representing our building and I... basically what I wanted to say is that, I agree and our building agrees with the, proposed opposition, and I hope that you will consider everything that has been said concerning that. Thank you very much. Mayor Suarez: Thank you. Mr. Traurig: Mr. Mayor, members of the Commission. Mr. Traurig again. Can I direct your attention to the kit that your staff has submitted to you, and particularly, to pages 25 and 26, which is a letter from Jeffrey Rubinstein to Mr. Rodriguez and Mr. Olmedillo. And then on pages 23 and 24, the response of Mr. Rodriguez. Basically those pages talk about five issues. When they talk about all these issues Commissioner Plummer, that they didn't want to bring up, they really had five issues, and they already brought them up ad infinitum. I would tell you that those issues were the Waterfront Charter Amendment issue, the unimpeded visual corridor to Biscayne Bay, and I am sure that you noticed from those photographs that the wall that's been there since Miss Brickell put it up and the very heavy landscaping prevents a view from Brickell Avenue to the bay if no development ever were put there. The third was the size of units, and they were talking about really those servants' quarters which we are saying are really just bedroom adjuncts on a different floor than the units to which they belong, because they are really part of a condominium parcel. They talked about the off street loading requirements, which is a class two issue and it's really not pertinent to this hearing. And then they talked about the 20 percent bonus. And I think that that issue has been discussed fully. We could go for 25 percent rather than 20 percent, but we didn't. The 20 percent is provided for in your ordinance. I frankly think the that issues which they have brought up which relate and Barbara, as the first spokesperson talked about strict adherence to all codes. How do we determine what is strict adherence? I think we determine by asking Mr. Olmedillo, Mr. Rodriguez, and Mr. Genuardi. Mr. Genuardi has responded very clearly in the correspondence that's in your kit that we are in strict adherence to the codes as interpreted by the building official of the City of Miami. And the director of the City of Miami Planning, Building and Zoning Department has said we are in strict adherence to the codes and they're asking for you to determine whether or not we should be building because of this issue of strict adherence. If you're taking advice, as you often say, I'm listening to my lawyer, I'm listening to my person, they're telling you we're in accordance with your code. With regard to the contribution to the housing trust fund, it isn't required under the terms of the ordinance, but we would like to make a proposal to contribute $50,000 to that trust fund, voluntarily, without anybody asking for it. We would give you $15,000 within 30 days of your issuance of an MUSP if you... Commissioner De Yurre: Bob, you'd better start talking six figures right off the bat. I'm telling you right now. Mr. Traurig: Well, let me complete this. Ten thousand dollars at the issuance of a foundation permit and $25,000 on the issuance of the full building permit. That would have totaled $50,000 and I did hear what Commissioner De Yurre has said. With regard to the bulk of our building and the impact on Brickell Avenue and the last spokespeople saying that we're creating too much density on Brickell Avenue, the Mayor figured out we're seven percent. I said eight percent. Our lot coverage is minimal. We are creating massive open space and they can't really be saying to you that we're overloading Brickell Avenue. We're asking for more square footage, not to build more units, not to build more bulk, but to continue the tower up. We could have put that extra parking instead of going out with these wings into the building and gone up a little bit more, but we weren't required to do that. Our design permitted us to do that if we wanted to. What we have done is to create this slick, sleek, beautiful tower that you see in those photographs, not for the purpose of getting more units. We could have had hundred units an acre, could have had 350 units approximately. We're asking for 150 units approximately. And we want larger units to accommodate that segment of the population about which I previously spoke. The shoreline review variance, yes, we needed a variance or a consideration by the County Shoreline Review Committee with regard to this view corridor that was really not a view corridor to begin with because of the impossibility of viewing the bay from Brickell Avenue. That's the variance he's talking about. We didn't ask for a variance at the bay. We didn't ask to jam our buildings so that the 216 October 25, 1990 view of the bay was impeded in all directions. We're asking for a recognition of the fact that you don't want us to tear down all that foliage and your environmental board didn't want us to tear down that foliage or that historic wall. So, we needed them to recognize that there was a need for some kind of an accommodation and we agreed to contribute the $5,000 to them. We need some more help from you. We'd like to put a sales trailer in the 70 foot right-of- way. We'd like you to consider permitting us to convert these 14 servants quarters into some apartments, not more than seven, at some point in time. We do need your help. We think that it's such a worthwhile project. It is so beneficial... Commissioner Plummer: Expand on that, converting those units... Mr. Traurig: We got 14 maids' quarters. If we only sell 7 and we got 7 left, we'd like to make two apartment units out of the remaining seven. Somewhere approximately one-third... It takes three units and put them together into one apartment. What we would have to do, Commissioner, is to tear out the walls, put in the kitchens, put in the other amenities for an apartment and make a thousand or 1,200 square foot unit rather than the smaller units that we presently have. Commissioner Plummer: Is that a high class maid? Mr. Traurig: No, this is only if we haven't... Mayor Suarez: So he could sell those. Mr. Traurig: ...haven't sold them as maids. Mayor Suarez: All right, I can't imagine that's going to change our minds one way or the other. In fact, I'm not sure which way it cuts. Can you just wrap up, please, Bob, so we can vote. Mr. Traurig: Yes. I would ask you to do this. To permit us to introduce in bulk all pictures, photos, charts, architectural drawings, other exhibits which we have, either delivered to you or referred to in this hearing. Mayor Suarez: They're introduced into the record. Mr. Traurig: I would ask you if you're going to rule favorably on this matter, then as a predicate to the issuance of an MUSP, you have to make certain findings of fact. I'd like for you to refer to proposed resolution J- 90-779 on pages 43, 44, and 45 and 46 in your kit and your planning fact sheets 2, 3, and 4 so that your motion incorporates all of those findings of fact that are incorporated there. Mayor Suarez: OK, so incorporated, if a motion is made along those lines. Mr. Traurig: And I urge you to recognize the benefits to this City of having a large, luxury condominium project in this very key location in order to encourage the relocation of people with the ability to improve the economy of the City of Miami into the heart of the City of Miami. I thank you very much. Mayor Suarez: Thank you, Bob. Do we have the kind of discretion that it seems like we have? -or am I missing something here? Mr. Rodriguez: On the increase of - yes, you do. Mayor Suarez: Twenty percent higher density. Commissioner Plummer: Sergio, we've heard numbers from both sides. Is it a true statement that what the statement I heard that said that without the 20 percent bonus, they could build near 300 units or 300 plus? Mr. Rodriguez: Yes. Commissioner Plummer: That's a true statement? Mr. Rodriguez: That is correct, because they could do it under the comprehensive plan and depending on the size... 217 October 25, 1990 ■ Commissioner Plummer: In other words, without any bonuses, without any variances, you're telling me that legally... apply for a permit to put in near 300 units. Mr. Rodriguez: Right, and they could do that without having to go through a hearing or through a major use permit. They could have done it, if they had chosen to provide that number of units, even if they were of a smaller size. The reason why they came to the City with an increase in the floor area is because they want to provide a size of unit which is much larger than what they will normally do with the floor area ratio limitation. But, in no moment, there was an increase in the number of units that they could provide and they... Commissioner Plummer: So, they're providing, under these terms and conditions, for round numbers, half of what they could legally do without a hearing. Mr. Rodriguez: Half of a bigger size. I want to clarify that. Commissioner Plummer: Well, of course, we understand that. Mr. Rodriguez: Right. Well, I want to make sure that, you know... Commissioner Plummer: But, the people are speaking to density and they're speaking to cars, they're speaking to all of the other issues. What is being said is, they could legally, if this was turned down, tomorrow they can put double the number of units that they are asking for today. Mr. Rodriguez: Yes, that's correct. Commissioner Plummer: OK. My next question. With this bonus - excuse me - without this bonus, could they go to the same height? Mr. Rodriguez: Yes, they could. Mayor Suarez: There is no height restrictions, you said. Mr. Rodriguez: There's no height limitation. Commissioner Plummer: No, but I'm saying, they're talking 38 floors, 36 plus two. Mr. Rodriguez: They could. Commissioner Plummer: So, without a hearing, if this was turned down tonight... Mr. Rodriguez: Sure. Commissioner Plummer: ...they could still go to the same height that they're asking for here? Mayor Suarez: Yes, it would be a thinner building. Commissioner Plummer: Well, I'm - you know, I think the problem that we heard earlier was the height was cutting off this and cutting off that, whatever that is. And you're also saying that if this were to be... UNIDENTIFIED SPEAKER: I didn't say that.... Commissioner Plummer: Excuse me. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Commissioner Plummer: Well, there was an issue somebody raised it. Whether you did or not... Mayor Suarez: Light planes were mentioned at one point. Light planes were mentioned. Commissioner Plummer: Yes, OK, somebody mentioned it. 218 October 25, 1990 Mr. Rodriguez: Light planes don't apply. Commissioner Plummer: The other question that I have relates to setbacks. If this application were to be denied tonight, are you saying that the same setbacks that are provided for in this application could be done tomorrow without a hearing? Mr. Rodriguez: Right. Without hearing from you, they already went through some hearings through the Shoreline Ordinance Review Committee and they might have a different configuration and they might have to go through that review committee again. Commissioner Plummer: Well, what I was referring to basically was, that we require a ten -foot setback and I've asked the question now twice... Mr. Rodriguez: The setback... Commissioner Plummer: ... that there is - side setbacks. Mr. Rodriguez: Right. Commissioner Plummer: That there is nothing, even in this proposal that, in fact, is in that area of setbacks of the ten feet, there's no 42 inches, there's no nothing in there inside setbacks. Mr. Rodriguez: Let me clarify that and maybe Guillermo can correct me if I'm wrong. The setback is twenty, it's just within ten feet they're not putting anything and the rest of the ten feet are used by the 42 inch structure which is not considered... Mayor Suarez: The last ten feet, you can't have anything at all. Is that what you're saying? Mr. Rodriguez: It's not included. It's not considered as part of the intrusion into the setback. Commissioner Plummer: No, that's not what I understood. Mayor Suarez: The next ten feet, you can have up to 42 inches, is that what you're saying? Mr. Rodriguez: Well, you could have the 42 inches all the way... Commissioner Plummer: Right to the lot line you can go with the 42 inches. Mr. Rodriguez: Lot line, but in this case, there is a ten foot setback with nothing, you know. And then the other setback was ten feet... Mayor Suarez: What is the required setback under the Code? Mr. Rodriguez: Twenty. Commissioner Plummer: OK, well then I heard ten, so it's not the case. Mr. Rodriguez: You are correct that you heard ten in the sense that they have left a ten foot setback with no interruption and no structure, no 42 inches intrusion. Mayor Suarez: Where there's no even a 42 inch structure. Commissioner Plummer: OK, thank you. Mayor Suarez: All right, anything else, Commissioners? Commissioner De Yurre: Yes. I'd like to hear from the numbers man, Mr. Sharpton. Mr. Traurig: Can I give you a number? Commissioner De Yurre: Well, let me, I want to get some, you know... we'll work something out. What is the projected cost of this project? 219 October 25, 1990 Mr. Sharpton: Total cost, I believe fifty-four million dollars ($54,000,000) and some change. Commissioner De Yurre: That includes the land? Mr. Sharpton: Yes, it does. Commissioner De Yurre: What is the projected profit? Mr. Sharpton: I don't have that number readily available. Commissioner De Yurre: Usually - for this type of development? Commissioner Plummer: It's easy to figure. A hundred and eighty dollars a square foot times how many square feet? Commissioner De Yurre: No but I'm talking about profit, not gross. Commissioner Plummer: Well, that's what they intend to sell it for is $180 a square foot. That's pretty easy to take away common corridors. Commissioner De Yurre: Yes, well then you got... the $55,000,000 include soft costs also? Mr. Sharpton: Yes, it does. Commissioner De Yurre: OK, how many square feet do we have? Have you got your calculator there? -or you don't need one? Mr. Sharpton: I may need one. I may need one. Commissioner De Yurre: Go ahead, square feet times a hundred and eighty. Mr. Sharpton: One eighty times... Mayor Suarez: Sounds to me like about a hundred and eight million bucks ($108,000,000). Commissioner De Yurre: ...square feet of construction that's going to be sold. Mayor Suarez: Didn't they say it was sixty thousand built out? -square feet? Commissioner De Yurre: Total is... Mr. Sharpton: Less the bonus... Commissioner De Yurre: ...what? -three sixty? Is that 360,000 square feet? Mr. Sharpton: At 360,000 square feet, we're looking at about sixty five million, yes. Commissioner Plummer: You're looking at a lot of common areas in there. Commissioner De Yurre: I know, we're going to get to that. Mr. Sharpton: The exact figure is sixty-four million, eight hundred thousand ($64,800,000). Commissioner De Yurre: So, we figure there's about give or take, about seven and a half million dollars profit there. Right? Mr. Sharpton: I don't know what you're basing that on. Mr. Traurig: I have a few figures to give you, Commissioner. Let me give you 1974, let me give you 1981, let me give you late 1990-early 1991. Those are some numbers to think about. There's an assumption that every developer will make a certain amount of money for every square foot he builds. I'm sure that there's no one in this room who doesn't know many developers who have lost everything that they own because the market conditions were poor. The assumption that square footage equates to big dollars may not be valid. They have confidence in this market, they love Brickell Avenue, they want to build 220 October 25, 1990 0 0 - this product, but there's no assurance that they're going to win. And I really think that that ought to be considered. I say it respectfully and your point is well made, but I think that the numbers that ought to be considered are 174, 181, and 190 and 191. Those may win the lottery or lose the lottery. Commissioner De Yurre: I think that the number we need to consider is about $250,000. Seems like a pretty round figure. Mr. Traurig: Pardon me? Commissioner De Yurre: Two hundred and fifty thousand dollars is the number that I think we should consider. Mr. Traurig: Well... Commissioner De Yurre: We can work out the terms. Mr. Traurig: I have to respectfully reject that, but to make a proposal which might make you a partner in the deal. Then, if at the end of the deal, the profits that you project are realized, that they would be very happy then to make an additional contribution to the City's housing trust fund. Commissioner De Yurre: On top of the two fifty? Mr. Traurig: And they would increase the $50,000 that was previously offered to $100,000 at the present time, with the other $50,000 to be paid at the time of the CO of the building. They can't do it any differently. If you want to have them scrap the project, you know, they might have to do that. But, they're willing because of their confidence in the City and because of their love for this site, to take that major risk and they're willing to increase the commitment to the City housing trust fund to $100,000 with a carrot at the end if they win. Commissioner Plummer: How big is the carrot? Mr. Traurig: The additional hundred thousand that the Commissioner was talking about. And that's at the very end of the project. Commissioner Plummer: Well, let me say this because I'm usually the Jesse James of the Commission. In this particular case, that's not concerning me as much as the other factor. I'm assuming these developers own this real estate, it's not on a contract to buy. That they own it. Am I correct? Mr. Traurig: That's correct. Commissioner Plummer: OK. These developers are not going to let that property, they can't afford to let -it sit still. They've got to do something with it. Maybe even selling it might be the last alternative. If this matter is turned down this evening by this Commission, I fear what might happen. That's my area of concern. A developer is a developer and he has to develop or he loses his shirt. Now, the two questions that I asked are my basic areas of concern. And I'm not asking you to make a commitment and I appreciate that you didn't use what most people use against this Commission, either threats or implied threats. That if it's turned down tonight, without any hearing before this Commission, without any conditions attached, without any stipulation of contributions, he can build double the number of units. He can still go to the same height and that concerns me because the developer is going to develop. Vice Mayor Dawkins: My concern is... Mr. Rodriguez... Mr. Rodriguez: Yes, sir. Vice Mayor Dawkins: ...you keep saying that they could build double the number of units and I heard someone say that the smallest unit must have a bedroom of 500 square feet. Did I hear correct? Mr. Rodriguez: Happens to have a bedroom of 500 feet? Vice Mayor Dawkins: Yes. Commissioner De Yurre: The one bedroom? 221 October 25, 1990 0 0 Mr. Rodriguez: No. The apartment... Commissioner Plummer: Unit. Mr. Rodriguez: ...the unit, whole unit on the apartment... Mayor Suarez: The smallest one bedroom would have to be what size? Vice Mayor Dawkins: The whole unit, the smallest unit what now? Mr. Rodriguez: Five fifty. Vice Mayor Dawkins: Five fifty. Mr. Rodriguez: Yes. Vice Mayor Dawkins: So, are you telling me that they can build twice as many units and have... meet the requirements of five fifty per unit? Mr. Rodriguez: Yes, sir. Vice Mayor Dawkins: OK. Mr. Rodriguez: I think it would be the wrong development for the area and I think the units might not sell, but it's possible. Vice Mayor Dawkins: You see, you are editorializing and philosophizing, you know, when I don't need that right now, sir. OK? Now, I've been hearing... OK, in the 20 foot setback, if they do not get what they want, that means nothing can be put in the setback. Is the correct, sir? There will be no pool and none of that pretty shrubbery. Is that correct? Mr. Rodriguez: I'm not clear on that and I want to make sure that I tell you the correct answer. There are two different types of setbacks which are guiding this. The 20 foot setback is the one guided by the Charter Amendment and the there is a ten foot setback which is guided by the Zoning Ordinance so that's why it is somewhat confusing. I know that we have made - there has been a determination made since the previous ordinance, the one before 9500, that the structures, which are 42 inches and shorter, are allowed in the setbacks. So that kind of facilities would be allowed in those setbacks, between the ten feet and the 20 foot setback. Correct? I want to make sure I'm correct. Vice Mayor Dawkins: OK, thank you, sir. The other thing... Commissioner Plummer: That does not come under the 20 percent bonus. That does not apply on the bonus. Mr. Rodriguez: That has nothing to do with the bonus. That is a requirement. Mayor Suarez: Totally different issue. Vice Mayor Dawkins: Totally different issue. Now, the other thing that, if I got nothing else out of this tonight, is the fact that me and everybody else wants this removed from the Code - from the whatever, 11000, whatever it is. Because if we did not have it in there, this developer would not have gone to the expense of attempting to get a project through because he would not have asked for these bonuses had we not had them in there. So, I intend to be doing all I can to remove it. I don't know how this will go, but the only way - and I don't care, I'm like J.L., see - my daddy had a third grade education and he told me, son, buy land. Put your money in land. He said, land is the only commodity the Lord is not making no more of and the only way the profit can go is up. So, that land is not going to sit there and the profit go down, the valuation is going to go up. So, whatever they put on it, they going to utilize it, J.L., I agree with you. But, now, what they're going to put there, I don't know. But I assure you, that the only way I would vote for this is, the servants' quarters be 500 square feet, the same as everything else. It's no way you can make me believe that when this unit - that's me, personally - is completed, that they will not find some reason to say that servants are not needed by the people who live there, therefore, there are no servants quarters needed, therefore, we're going to convert these 222 October 25, 1990 into saleable units. And I have no problem with them converting them to saleable units that they meet the minimum requirements which is 500 square feet per unit. Commissioner De Yurre: What size are they being proposed at now? Commissioner Plummer: Two hundred. Mr. Rodriguez: At present, the one that they are proposing is 200, but you can put that condition exactly and they would have to follow the condition exactly any way you decide because this is major use permit. Commissioner De Yurre: Well, then, what you're saying is that you can't sell any unit that is less than five hundred square feet? Vice Mayor Dawkins: No, he can't build one. Commissioner Plummer: What it's reducing... Vice Mayor Dawkins: No, no, he asked me what I'm saying. I'm telling him what I'm saying. Commissioner Plummer: It's reducing it down from 14 servant's quarters to three units is what it's doing. Vice Mayor Dawkins: All right, see, and Mr.... Commissioner Plummer: Your 1,400 square feet of each unit is 200 square feet and there's seven of them. So, if you go the 550, it's roughly three units. That's what you're talking about. Vice Mayor Dawkins: And I don't do this lightly. I do this because I have been shafted. When I came on this Commission, I argued about Claughton Island. The developer promised Father Gibson who sat here where I'm sitting and if you'll allow me to build "X" units on Claughton Island, knowing good and well that they wouldn't do it, we'll put 200 units of low income housing on Claughton Island. Ten years after that, no housing, no low rent housing. We sat here and a majority of this Commission allowed the developer to contribute two million dollars to a housing fund and got off the hook. Now, I do not plan to sit here and have that happen again. If you're going to build some servants' quarters, for the lack of a better word, you make sure that they meet the minimum requirements and in the event that you convert them, I have no problems with it. Mayor Suarez: OK. Yes, to use J.L.'s term, call the question. Commissioners, what's the motion? Joel Maxwell, Esq.: Mr. Mayor, before please. I would like Mr. Fletcher, if he would, to either stipulate on the record that the City's representatives are experts as well. Would you please stipulate on the record, please. Or will we have to qualify them? Mayor Suarez: Oh, God, that has got to be the silliest thing stated all day here today. Mr. Fletcher: I'll stipulate that he's an expert land use planner. Mr. Maxwell: I want... Mr. Fletcher: Wait, wait, wait, let me explain my position in regards of that as carefully as I can. My people totally disagree with interpretations that have been made by the City staff of various provisions of the Code. We have every intention in the world of preserving those rights. As far as his being the City planner or the person in charge of planning for the City, no problem. I believe simply, as a City employee, as a planner, he's competent to testify as to the things he did. While I have the microphone, Mr. Mayor, may I say one other thing? Mr. Maxwell: That's why I wanted him qualified. Mayor Suarez: His stipulation to that effect is not going to change a thing in the appellate process. But anyhow... 223 October 25, 1990 Mr. Fletcher: Mr. Mayor, I'm getting... Mayor Suarez: Do you stipulate as to the qualifications, if they were going to be experts or if a court at some point, after this, would have to consider whether they're experts or not? Mr. Maxwell: The two that have testified. Mr. Fletcher: No, I'm saying, he can testify, he's the City planner. I asked for your permission, Mr. Mayor, to talk about one thing. Mayor Suarez: Even if you didn't think that, it would be a wise idea for you to say that. Yes. Mr. Fletcher: Yes. Thank you. The apparent feeling of negotiation for money that is being perceived by my clients is upsetting a number of them and they have come to me and they have said, we don't really want to see our City bargaining away density for money. Mayor Suarez: Well, John, this is, by way of a rebuttal to the rebuttal. We appreciate what you're saying. It's been made very clear on questions that I asked that you're not bargaining away your position based on even a 25 percent greater density which would carry with it a bonus or a payment to the City's trust fund of about $400,000. We understand that, we understand that. That is what our Code provides would be an alternative way for them to proceed, so it's very logical for us to look at that avenue. But we understand that your client's position does not favor bargaining away... Mr. Fletcher: Exchanging money for zoning. Mayor Suarez: Right. Density for a contribution. Mr. Fletcher: Thank you. Commissioner Plummer: Except, for the record, John, you brought it up, quoting from the palace of malice. Mr. Fletcher: Well, I think... palace of malice, the Herald, you mean? Yes. I must confess that probably I stressed too much that they were using the wrong approach, which the planned development approach when there was an avenue that could have been taken otherwise on this. So, forgive me for my fault, but the bargaining is hurting us. Mayor Suarez: Just give them their qualifications. I'm not going to get into the business of asking them to stipulate as to expertise of our - right, so just.. . Commissioner De Yurre: For the record, Mr. Mayor, let me state so that there's no misunderstanding. The reason that I am pursuing now the monetary aspect of this situation is because I am convinced after listening to all the testimony and listening to the administration, that we can go ahead, at least in my mind, to go ahead with the project that is being requested because when we look at the alternative of double the amount of units, what we're looking at only approximately 26 additional units from what they could build according to this, which is the 20 percent approximately. To me, 26 units doesn't make that impact compared to the alternatives that exist and certainly it's a beautiful looking project. So, my vote is going to be to grant this. Now, once I've taken that posture, I'm going to get as much money as we can for the City and I think that Mr. Traurig is going to make a proposal that I find acceptable. Mayor Suarez: Make that real quick and let me get the qualifications of our two planners on the record. Mr. Traurig: I would like to, voluntarily, to offer to the City, without any request on the part of the City whatsoever, a total contribution of $200,000, composed of the following: $15,000 within 30-days of the issuance of this MUSP order. Ten thousand dollars at the issuance of a foundation permit. Twenty-five thousand on receipt of the full building permit. Fifty thousand dollars on the issuance of a certificate of occupancy and a hundred thousand dollars when the 12Oth unit in this building has been sold and closed. 224 October 25, 1990 Therefore, it's unrelated to profits. And that's if it's sold and closed by the parties who are the original developers. If there were a mortgage foreclosure, that should not be the obligation of a future owner of the property pursuant to the mortgage foreclosure. Obviously, these people intend to work as diligently as possible to make it a success, but we can't encumber the property with that obligation that would become the burden of a third party at some later date. So, therefore, we are prepared to make that offer of $200,000 with regard to the suggestions made by Commissioner Dawkins, they're fair. We accept them. Thank you. Mayor Suarez: OK, please quickly, state your qualifications in the record, Guillermo, in making the recommendations that you have made and otherwise analyzing for it and... Mr. Fletcher: Mr. Mayor, I'll save you the trouble, I'll stipulate as to his qualifications. Mayor Suarez: My problem is that I don't think that's worth a heck of a lot in these proceedings. There's nothing in our — Charter or Code that says that your stipulation means anything to us in any particular way and I don't see in the appellate procedure how it could mean anything, but you disagree with me? All right. Mr. Maxwell: Yes, sir. Commissioner De Yurre: Have we got a motion? We have a motion? r Mayor Suarez: All right, fine, then I'll abide by my City Attorney. He's paid to think these things through, I'm not. Commissioner De Yurre: We have a motion that hasn't been seconded, right? Mayor Suarez: I don't know that we have a motion yet, do we? Commissioner De Yurre: Well, I thought he made a motion. Contingent on the size of the... Mayor Suarez: That's what I want to clarify. Commissioner De Yurre: Didn't you make the motion? Mayor Suarez: There's no motion before us. I'll entertain a motion. Commissioner De Yurre: OK. Well, do you want that to be part of the motion? OK, I'll move that we approve this item with the proviso of making the servants' quarters a minimum size - of what? 500 square feet? Mayor Suarez: Five -fifty. Commissioner De Yurre: Five -fifty. And also accepting the offer of the $200,000 in the form that was offered. Mayor Suarez: So moved. Do we have a second on the motion? Do we have a second on that motion? Commissioner Plummer: For discussion purposes, I'll second it. Mayor Suarez: Commissioner Plummer. Commissioner Plummer: There were other areas that Mr. Traurig brought up. The area of the sales trailer was one. Mr. Traurig: Commissioner, we can waive that. Commissioner Plummer: All right, well I was asking for clarification. So you're waiving everything outside of what is actually in the application? Mr. Traurig: Yes, sir. Yes, sir. Commissioner De Yurre: Anything further? 225 October 25, 1990 Mayor Suarez: OK, anything further, Commissioners? If not, please call the roll. Commissioner Plummer: He said it wasn't necessary. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 90-848 A RESOLUTION, WITH ATTACHMENT, APPROVING A MAJOR USE SPECIAL PERMIT WITH CONDITIONS, PURSUANT TO ARTICLE 17, ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE BRISTOL TOWER PROJECT PROPOSED BY THE BRISTOL TOWER LIMITED PARTNERSHIP TO BE LOCATED AT APPROXIMATELY 2127 BRICKELL AVENUE (MORE PARTICULARLY DESCRIBED HEREIN), AND TO BE COMPRISED OF NOT MORE THAN 145 CONDOMINIUM UNITS AND 14 LODGING UNITS AND NOT MORE THAN 360,848 SQUARE FEET OF HABITABLE RESIDENTIAL AREA IN A BUILDING OF 37 STORIES ABOVE GROUND LEVEL SUBJECT TO THE DONATION TO THE CITY OF MIAMI OF THE SUM OF $200,000 AS SET FORTH HEREIN AND FURTHER SUBJECT TO CONDITIONS INCLUDING THE CONDITION THAT THE SERVANTS' QUARTERS SHALL NOT CONTAIN LESS THAN 550 SQUARE FEET; INCLUDING A PARKING GARAGE, WHICH PARKING GARAGE SHALL BE COMPRISED OF 298 PARKING SPACES AND 4 LOADING BERTHS ON GROUND LEVEL AND TWO PARKING LEVELS UNDERGROUND; INCORPORATING THE RECOMMENDATIONS OF OTHER BOARDS; INCORPORATING HERITAGE CONSERVATION BOARD RESOLUTION NO. 90-23 PER CHAPTER 17 OF THE CITY CODE PERTAINING TO ENVIRONMENTAL PRESERVATION DISTRICT 37-7; FURTHER, DESIGNATING THE PROJECT AS A PLANNED DEVELOPMENT OVERLAY DISTRICT PER ARTICLE 5 OF THE ABOVE ZONING ORDINANCE AND INCREASING THE FLOOR AREA RATIO TO 2.06; ESTABLISHING AN EXPIRATION DATE FOR SAID PERMIT; MAKING FINDINGS; DIRECTING THE CITY CLERK TO SEND THE RESOLUTION TO THE DEVELOPER AND PROVIDING THAT THE MAJOR USE SPECIAL PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; PROVIDING FOR RELIANCE ON THE APPLICATION 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Commissioner Miriam Alonso Vice Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Vice Mayor Dawkins: Reluctantly, I'm going to vote yes, but I want to assure you that I won't be caught in this again because I'm going to make a motion after this to delete this. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Suarez: I don't think we have any other items on the agenda. Vice Mayor Dawkins: Mr. Mayor, may I point of special privilege? Mayor Suarez: Yes, Vice Mayor Dawkins. 226 October 25, 1990 Vice Mayor Dawkins: I'd like to make a motion to instruct the City Manager that the Zoning Department be told... Mayor Suarez: Eliminate the 20 percent bonus provision in our zoning for Brickell based on... Vice Mayor Dawkins: For anywhere in the City of Miami. Commissioner Plummer: Well, what you're saying... Mayor Suarez: Do you want to eliminate the 25 percent also? Vice Mayor Dawkins: Yes, sir, anywhere. Mayor Suarez: The 25 percent has to do with us getting a contribution and it has a tie in to the trust fund. If we want to eliminate one, maybe we ought to eliminate both. OK. Vice Mayor Dawkins: Eliminate both, both or none. Mayor Suarez: Yes. We're going to be, for future action of this Commission asking the City Manager to begin the process and bring back to us a new ordinance that eliminates both the 20 percent bonus and the 25 percent bonus on these overlays that we have. UNIDENTIFIED SPEAKER: But we're allowing it on this one. Vice Mayor Dawkins: Yes. Mayor Suarez: Well, the vote has been taken on this one. All right, anything further? Mr. Traurig: May I inquire before you conclude, sir. I assume that Commissioner De Yurre, in making his motion and Commissioner Plummer, in seconding it, and all of those who voted yes, have taken into consideration those pages, 2, 3, and 4 in Resolution J-90-779... Mayor Suarez: Yes, those... Mr. Traurig: ...as the findings of fact and the planning fact sheet pages 2, 3, 4, and 5 which are very clearly findings of fact. Mayor Suarez: Yes, Bob, and anything else in the recommendation of the Planning Department which was favorable to the application. All right, we're otherwise adjourned. THERE BEING NO FURTHER BUSINESS TO COMB BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:28 P.M. ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK 227 October 25, 1990