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HomeMy WebLinkAboutCC 1997-04-10 MinutesWALTER J. FQEMAN CITY CLERK i INDEX MINUTES OF PLANNING AND ZONING MEETING April 10, 1997 ITEM SUBJECT LEGISLATION PAGE NO, NO. 1. SECOND READING ORDINANCE: APPROVE ORDINANCE 1-3 SPECIAL TAXING DISTRICT FOR BAY 11476 HEIGHTS -- FOR PROVIDING OFF -DUTY 4/10/97 ROVING POLICE PATROLS -- AUTHORIZE CITY MANAGER TO EXECUTE INTERLOCAL WITH METRO DADE COUNTY. 2. (A) ESTABLISH FOUR SPECIAL REVENUE ORDINANCE 3-6 FUNDS: COMMUNITY DEVELOPMENT 11477 BLOCK GRANT (CDBG) / HOME M 97-281 INVESTMENTS PARTNERSHIPS (HOME) / 4/10/97 EMERGENCY SHELTER GRANT (ESG) / HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) -- APPROPRIATE FUNDS ($28,987,000). (B) DIRECT ADMINISTRATION TO PROVIDE AUDIT REPORT OF ABOVE CITED FUNDS. (C) PETITION FEDERAL GOVERNMENT FOR FUNDS TO ASSIST WITH OTHER TERMINAL DISEASES. (D) REQUEST REPORT ON LOANS IN DEFAULT SINCE 1993 -- FURTHER INDICATE WHY CITY HAS NOT FORECLOSED ON PROPERTIES. 3. DISCUSS / DEFER TO MEETING OF MAY 8, M 97-282 7-15 1997 CONSIDERATION OF EMERGENCY 4/10/97 ORDINANCE AMENDING CODE RELATED TO GENERAL EMPLOYEES' & SANITATION EMPLOYEES' RETIREMENT TRUST -- FURTHER CLARIFYING CLASSES THAT MAY REJECT MEMBERSHIP IN TRUST. 4. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 15-16 SPECIAL REVENUE S.T.O.P. PROGRAM 11478 FUND -- ACCEPT UNITED STATES 4/10/97 DEPARTMENT OF JUSTICE GRANT FOR $47,250 -- FOR PURPOSES OF ENHANCING POLICE'S EMPLOYEE ASSISTANCE PROGRAM. 5. SECOND READING ORDINANCE: AMEND ORDINANCE 16-17 SECTION 2-7 OF CODE -- INCREASE 11479 SERVICE CHARGE ON REFUSED CHECKS -- 4/10/97 ADD NEW SECTION 2-8 DEFINING ACCEPTABLE PAYMENT FORMS. 6. SECOND READING ORDINANCE: AMEND ORDINANCE 17-19 SECTION 22-37 OF CODE -- IMPOSE 11480 ADMINISTRATIVE FEE WHEN REMEDYING 4/10/97 LOT VIOLATIONS -- STUDY COST EFFECTIVENNES OF CITY VS. PRIVATE SECTOR CLEARING LOTS -- NOTIFY PROPERTY OWNERS OF COST / FINES INVOLVED. 7. SUBMIT APPLICATION TO FLORIDA INLAND R 97-283 19-20 NAVIGATION DISTRICT (FIND) -- FOR 4/10/97 $100,000 GRANT FUNDING -- FOR PEACOCK PARK SHORE LINE EDUCATIONAL ENHANCEMENT PROJECT. 8. ACCEPT BIDS: ROBBIE FEED SUPPLY / OK R 97-284 20-21 FEED STORE SOUTH -- FOR HORSE FEED & 4/10/97 SUPPLEMENTS TO POLICE DEPARTMENT -- ALLOCATE FUNDS ($20,000 FROM ACCT. 001000.290201.6. 710) 9. ENGAGE WEISS, SEROTA & HELFMAN LAW R 97-285 21-22 FIRM -- FOR LEGAL SERVICES -- ALLOCATE 4/10/97 FUNDS ($25,000, ACCT 920205-250). 10. (A) CONVEY CITY -OWNED PROPERTY IN R 97-286 22-27 SOUTHEAST OVERTOWN PARK WEST M 97-287 OCOMMUNITY 4/10/97 T AGENCY (CRA)-- REDEVELOPMENT COMPLETE LAND ASSEMBLY FOR PROPOSED GAS STATION DEVELOPMENT. (B) COMMENTS CONCERNING CANCELLATION OF PERSONAL APPEARANCE BY MR.& MRS. WALTER CHWALI K. (C) ADJOURN CITY COMMISSION MEETING. 11. (A) CONVENE AS BOARD OF DIRECTORS OF SEOPW/CRA 27-29 SOUTHEAST OVERTOWN/PARK WEST M 97-4 COMMUNITY REDEVELOPMENT AGENCY. SEOPW/CRA (B) REAFFIRM SALE OF CRA PROPERTY R 97-4.1 (SOUTH 25 FEET OF LOTS 1 / 4 / 5 & THE 4/10/97 NORTH 3 FEET OF THE WEST 50 FEET OF LOT 10 IN BLOCK 20) -- FURTHER AMEND MOTION 96-12 TO INCLUDE SALE OF PROPERTY TO 100 BISCAYNE INC -- FOR GAS STATION RETAIL. 12. RECONVENE CITY COMMISSION MEETING. M 97-288 29-30 4/10/97 13. DISCUSS / DEFER TO MAY 8, 1997 MEETING M 97-289 30-32 PERSONAL APPEARANCE BY ALICIA DIAZ 4/10/97 OF HALEY SOFGE. 14. DISCUSS / ADOPT ADMINISTRATION M 97-290 33-46 PROPOSAL TO AMEND FEE STRUCTURE OF 4/10/97 BAYSIDE SEAFOOD RESTAURANT, INC. -- REQUIRE PERSONAL GUARANTEE FROM OWNER -- FURTHER ADVISE COMMISSION OF PROPOSED DEVELOPMENT PLANS FOR VIRGINIA KEY. 15. DISCUSS: PROPOSED FIVE YEAR DISCUSSION 46-54 FINANCIAL RECOVERY PLAN TO BE 4/10/97 SUBMITTED TO STATE OVERSIGHT BOARD -- FIRE ASSESSMENT FEE -- OPTIONS TO COVER BUDGET DEFICIT. 16. APPROVE INSTALLATION OF ART IN PUBLIC R 97-291 54-57 PLACES SCULPTURE CONNECTING 4/10/97 MAYFAIR PROJECTS. 17. COMMENTS REGARDING WEDNESDAY DISCUSSION 57-58 NIGHTS EVENTS AT BAYFRONT PARK, 4/10/97 18. DISCUSS / RATIFY CITY'S INTENT TO LEASE R 97-292 58-64 FEC-MARITIME PARK PROPERTY -- 4/10/97 FURTHER GRANT NO MORE EXTENSIONS BEYOND MAY 1, 1997 -- FURTHER STIPULATE THAT MARITIME BOARD COMPOSITION REMAIN UNCHANGED. 19. CITY MANAGER TO COMMUNICATE TO M 97-293 64-66 STATE REPRESENTATIVES & SENATORS 4/10/97 CITY'S INTENTION TO OPPOSE MIAMI RIVER AUTHORITY BILL -- SEE LABEL 30. 20. AMEND RESOLUTION 97-28 -- INSERT R 97-294 66-68 METRO MIX, INC, OR JOSE DIAZ, AS 4/10/97 PURCHASER FOR PROPERTY (211 N.W. 1 PLACE) -- FURTHER REFLECT DEVELOPMENT 1S TO TAKE PLACE WITHIN 12 MONTHS. 21. DISCUSS / REQUEST WRITTEN REPORT BY DISCUSSION 68-72 MAY 81 1997 COMMISSION MEETING WITH 4/10/97 STAFF RECOMMENDATIONS ON KNIGHT MANOR / NORTHWESTERN ESTATES HOMES HOUSING PROJECT. 22. APPROVE TEMPORARY CLOSURE OF N.E.19 M 97-295 72-74 STREET REQUEST FROM TEMPLE ISRAEL 4/10/97 (137 N.E. 19 STREET). 23. RECOMMEND TO OFF STREET PARKING M 97-296 75-76 AUTHORITY TO LOWER DOWNTOWN 4/10/97 PARKING COST ON SATURDAYS, 24. DISCUSS BRIEFLY / REQUEST REPORT ON DISCUSSION 76-77 PENDING ILLEGALZONING VIOLATIONS. 4/10/97 25. SCHEDULE FOR MEETING OF MAY 8, 1997 DISCUSSION DISCUSSION REGARDING TOWING 4/10/97 COMPANIES' PRACTICES. 26. SECOND READING ORDINANCE: AMEND CITY FUTURE LAND USE MAP, ORDINANCE 10544 -- CHANGE LAND DESIGNATION FROM SINGLE FAMILY & OFFICE TO RESTRICTED COMMERCIAL -- LOCATION: 4100 SW 2 STREET/215 SW LEJEUNE RD/4091 SW 2 TERRACE -- APPLICANT: M. STAVROUS / N. ROSEN / M. CAKMEN/C / ROSEN. 27. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000, ARTICEL 4, SECTION 401 -- FROM R-1 SINGLE FAMILY RESIDENTIAL, O OFFICE & SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT (FAR .5) TO C-1 RESTRICTED COMMERCIAL -- LOCATION: 4100S.W. 2 STREET / 215 S.W. LEJEUNE ROAD / 4091 S.W. 2 TERRACE -- APPLICANT: M. STAVROUS / N. ROSE / M/CAKMEN / C. ROSEN. ORDINANCE 11481 4/10/97 ORDINANCE 11482 4/10/97 77 78-79 79-80 28. SECOND READING ORDINANCE: AMEND ORDINANCE 80-81 CHAPTER 35 OF CODE -- ADD ARTICLE 11483 ENTITLED "VALET PARKING" -- FOR 4/10/97 DOWNTOWN AREA PARKING -- APPLICANT: PUBLIC WORKS. 29. CONTINUE DISCUSSION OF MAYFAIR ART DISCUSSION 81-82 IN PUBLIC PLACES PROJECT -- SEE LABEL 4/10/97 16 30. DIRECT CITY CLERK TO ACCEPT LETTERS DISCUSSION 82-83 RELATED TO MIAMI RIVER AUTHORITY INTO 4/10/97 PUBLIC RECORD -- FURTHER TO COPY & DISTRIBUTE SAME TO CITY COMMISSIONERS & ADMINISTRATION. 31. REQUEST REPORT BY APRIL 14, 1997 DISCUSSION 83-84 MEETING CONCERNING POLICE USING LIVE 4/10/97 AMMUNITION DURING TARGET PRACTICES. 1. � MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the loth day of April, 1997, 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 9:05 a.m. by Vice Mayor Tomas Regalado with the following members of the Commission found to be present: ALSO PRESENT: ABSENT Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Edward Marquez, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Mayor Joe Carollo Commissioner Wifredo Gort An invocation was delivered by Commissioner Humberto Hernandez, who then led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. SECOND READING ORDINANCE: APPROVE SPECIAL TAXING DISTRICT FOR BAY HEIGHTS -- FOR PROVIDING OFF -DUTY ROVING POLICE PATROLS -- AUTHORIZE CITY MANAGER TO EXECUTE INTERLOCAL WITH METRO DADE COUNTY. Vice Mayor Regalado: Commissioner Plummer, Commissioner Hernandez, I think that Commissioner Gort is in the building and... Commissioner Plummer: Well, he can't vote unless he's in this part of the building. Vice Mayor Regalado: That's right. The Mayor will be here in about ten minutes. Commissioner Plummer: "Mas o menos." Vice Mayor Regalado: "Mas o menos." So if... Mr. Manager, if you want to go ahead and start, sir. 1 April 10, 1997 Mr. Edward Marquez (City Manager): The first item we have for you is the second reading of an ordinance approving the creation of the Bay Heights Roving... Commissioner Plummer: I move item 1. Commissioner Hernandez: Second it. Vice Mayor Regalado: Mr. City Clerk. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT(S), APPROVING CREATION OF THE "BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT" BY METROPOLITAN DADE COUNTY FOR THE BAY HEIGHTS NEIGHBORHOOD, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ROVING POLICE PATROL SERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND METROPOLITAN DADE COUNTY REQUIREMENTS; APPROVING NECESSARY EXPENDITURES FOR SAID ROVING OFF -DUTY POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING EXECUTION OF INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND METROPOLITAN DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner Wifredo Gort Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11476. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner Gort requested of the Clerk to be shown as being in agreement with the motion. Commissioner Plummer: Just for the record and people who might be watching television, they need to know that this is only another step in the process. This is not the final step. That will have to go before the County. It will have to be a vote of the people, and I think just for those who feel that this might have been all there is to it, there is more, just for the record. 2 April 10, 1997 i r ' Vice Mayor Regalado: Thank you. Commissioner Plummer: Two and 3, we ought to put off until we have a full board. Vice Mayor Regalado: Yes. Commissioner Hernandez: Yeah. Vice Mayor Regalado: Absolutely. We are going on number 4, an emergency ordinance. Commissioner Plummer: You can't do 4, because you have... it's a 4/5ths vote. A. Quinn Jones, III, Esq. (City Attorney): That's right. Vice Mayor Regalado: OK. ---------------------------------------------------------------------------------------------------------------- 2. (A) ESTABLISH FOUR SPECIAL REVENUE FUNDS: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) / HOME INVESTMENTS PARTNERSHIPS (HOME) / EMERGENCY SHELTER GRANT (ESG) / HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) -- APPROPRIATE FUNDS ($28,987,000). (B) DIRECT ADMINISTRATION TO PROVIDE AUDIT REPORT OF ABOVE CITED FUNDS. (C) PETITION FEDERAL GOVERNMENT FOR FUNDS TO ASSIST WITH OTHER TERMINAL DISEASES. (D) REQUEST REPORT ON LOANS IN DEFAULT SINCE 1993 -- FURTHER INDICATE WHY CITY HAS NOT FORECLOSED ON PROPERTIES. Commissioner Plummer: I move item 5. It's a second reading. Commissioner Hernandez: Second, Vice Mayor Regalado: OK. Mr. City Clerk. 3 April 10, 1997 An Ordinance entitled - AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNDS IN THE AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY-THIRD YEAR) - $13,106,000; HOME INVESTMENT PARTNERSHIP (HOME) GRANT - $4,203,000; EMERGENCY SHELTER GRANT (ESG) - $346,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT - $8,832,000; FURTHER APPROPRIATING THE SUM OF $2,500,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY U.S. HOUSING AND URBAN DEVELOPMENT FOR A TOTAL APPROPRIATION OF $28,987,000; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner Wifredo Gort Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11477. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner Gort requested of the Clerk to be shown as being in agreement with the motion. Commissioner Plummer: And I would like to have an audit report when the audit is done on these monies. I would also like to ask Community Development at this time, through the Manager, if I may, that I think that we should petition the Federal government for monies of other people who are dying of terminal diseases. I think that they are just as entitled to aid as anyone else. Instead of one facet of the community, I think that there should be monies, if they're provided for these kinds of scenarios... I'll make that in the form of a motion, that CDBG (Community Development Block Grant) be instructed to petition the delegators of these monies to likewise, in fact, look into monies... additional monies for other people suffering from terminal disease. I so move. Vice Mayor Regalado: Is this for next year? 4 April 10, 1997 Commissioner Plummer: Of course. You can't do it this year. Vice Mayor Regalado: Right. Commissioner Hernandez: Second it. Vice Mayor Regalado: There is a motion by Commissioner Plummer, second by Commissioner Hernandez. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-281 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF COMMUNITY DEVELOPMENT TO PETITION THE FEDERAL GOVERNMENT FOR FUNDS TO ASSIST PERSONS WITH TERMINAL ILLNESSES OTHER THAN HIV/AIDS. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner Wifredo Gort Mayor Joe Carollo Commissioner Plummer: I move item 6. Commissioner Hernandez: I second it. Vice Mayor Regalado: Before... J.L., before we go into item 6, since we discussed and you asked for an audit, and I think it's important that we get this, there's also a question about the outstanding loans by CDBG funds. I believe that there are loans that have not been paid since... some of there since 1993. And I was wondering if the Manager and Mr. Waters could give us a report on how many loans have not been paid, and if not, why have not we foreclosed on the different properties. My understanding is that there are loans given by the City on several properties or projects that had not been honored since '93. There are some from '94, '95. 1 believe that also, Commissioner Hernandez has some information. NOTE FOR THE RECORD: Commissioner Gort enters the Commission chamber at 9:12 a.m. Commissioner Plummer: You want that to be done in writing, or an oral report today? 5 April 10, 1997 Commissioner Hernandez: There's a list of those loans that have been in default. Vice Mayor Regalado: Yeah, there is a list, and I think that the Commission should get it in writing. If it's the will of the Commission to get it in an oral report, it's OK. But it you want it in writing, we can request to get the different laws. Commissioner Plummer: Good morning. Go away. Commissioner Hernandez: A list of the outstanding loans. Mr. Marquez: We'll have a list of the outstanding loans. The... Yeah, the status in an aggregate form, because there's hundreds of loans, but yes, absolutely. Vice Mayor Regalado: Yeah. Because there is some disturbing information about some loans that have not been paid for many years, and we have not moved. I think that we have a balance against the City of about a million something in loans that have not been paid. And I wonder, Mr. Manager, if we can... if we were to get that money, we still could use 15 percent for our emergency fund. Mr. Marquez: I believe you're right. I believe any loan repayment that comes in... Commissioner Hernandez: Wouldn't that fall into the program income and stuff? Mr. Marquez: ... it falls into the category of program income, and 15 percent of that program income can be rededicated to whatever... to the cost that... ,Commissioner Plummer: Yeah, but let me- tell you; I'm not... I have no idea what items you're bringing up. But what do you do when the loans are made to corporations who have now gone bankrupt? You know, there's one elected official out there in this community that owes the City three hundred thousand dollars ($300,000). You'll never collect it. You can't, because the corporation it was loaned to has gone defunct. There was no collateral. Vice Mayor Regalado: No, but I think that these loans are not to corporations that have gone bankrupt, but to corporations that are still administered properties in the City. Commissioner Plummer: If they are, then I don't know why we're not going after them foot, hoot and... Vice Mayor Regalado: OK. 6 April 10, 1997 ---------------------------------------------------------------------------------------------------------------- 3. DISCUSS / DEFER TO MEETING OF MAY 8, 1997 CONSIDERATION OF EMERGENCY ORDINANCE AMENDING CODE RELATED TO GENERAL EMPLOYEES' & SANITATION EMPLOYEES' RETIREMENT TRUST -- FURTHER CLARIFYING CLASSES THAT MAY REJECT MEMBERSHIP IN TRUST. Commissioner Plummer: We can go now back to item 4, Mr. Vice Mayor, because we now have 4/5ths. Vice Mayor Regalado: Yes. Commissioner Plummer: And I'll move item... Vice Mayor Regalado: Let's go ahead and... item 4. City Attorney, do we need to read this or... A. Quinn Jones, III, Esq. (City Attorney): A motion and a second? Vice Mayor Regalado: Yeah. There is a motion by Commissioner Plummer, second by... Commissioner Hernandez: I seconded it. .Vice Mayor Regalado: OK. Second by Commissioner Hernandez. All in favor... Mr. Jones: Let me read the ordinance. Vice Mayor Regalado: Sure. Well, before we go on to vote, Charlie. Commissioner Plummer: Five... We're now on 4. We had to delay 4 because we didn't have 4/5ths. One, 2, 5. We go back to 4. Commissioner Gort: There was a motion and a second for what? Commissioner PIummer: The motion was for item 4. That's what Charlie's here for. Mr. Charlie Cox (President, AFSCME Local 1907): Dear Honorable Mayor and Commissioners... You all have a package in front of you, also. I would like all of you and the citizens of Miami to be well informed as it pertains to the general employees' and sanitation employees' retirement on the amendment that the City is recommending to make. I would like to explain how the cost of the pension has been misrepresented to you and the City of Miami residents. I will start out by saying if you look at the last seven years, you will see that only one year - 1992 - that it cost the City any money. In 1996, the cost to the City was pennies, while all other years, the City had a great savings from the pension. What the City has tried to tell you and the citizens is that our pensions are a major benefit to the employees, when, in fact, if you look what the employees have contributed, we are totally funding our retirement. The main reason for this is eight of nine board members are appointed by the unions. As you can see, since 1990 through 1996, employees had put in forty-two million one hundred and six thousand and one hundred and sixty-four dollars ($42,106,164). And from 1992 through 1998, the City has gained seven million nine hundred and fifty-one dollars and seventy-five for normal cost. Yet, the City has the audacity to tell you that we have a 58 percent benefit package and, that of the 58 percent, pension is 22.96 percent. We have even had a Commissioner go on the radio 7 April 10, 1997 saying that the pension plans are corrupt. The City had control of the pension for the City employees from 1956 through 1985. In those 29 years, the fund was only 57.7 percent funded. Through 1985 through 1996, our fund is now 109.9 funded. I would think this would dispel any doubt from you or the citizens how capable we are of running the pension plans. People talk about ten, 12 years ago, how much excess dollars there were in the budget. Maybe now, the citizens can understand that there weren't excess dollars in the budget back then, either. The City Management, from 1956 through 1985, was using the employees' money that was intended to pay the cost of the employees' pension plan to run the day-to-day operations of the City of Miami. Since 1985, the employees, the taxpayers, and you, yourselves, are having to bite the bullet now, when in fact, it was not anyone's fault that stands here now when the real problems started in 1956 and continued through 1985. But you give the impression that it's the employees' high salaries and benefits. We no longer can stand by and let that message go out. Every employee that I represent earns every penny they make, and their benefits. The City is asking you to let them change the City Code for future employees who want to belong to the ICMA (International City Management Association). I want to tell all of you that make the decision to understand the cost of the 15 employees that transfer to ICMA to GESE (General Employees and Sanitation Employees) over a 15-year period is five point six million dollars. At no time do I want anyone to say that our pension plan cost this City any dollars for the employees that I represent. I keep hearing in every report that you had been given talks about reclaiming Management rights. If the proof is in the pudding how well the union and its employees can run things, then why do we continue to be kicked in the teeth? I've also provided you with a letter from our attorney, Bob Klausner, that explains to you that you are given a right to executives that employees don't receive. The reason why this was initially done is because of nondiscrimination legislation. Now, you're going to offer something to the executives that we, as bargaining unit members, are not allowed to have. And if anyone tells you this is cheaper, I would like you to again see... the pension -has cost you over the last seven years. With the ICMA plan the employer must give ICMA eight percent of the executive's pay per year, no matter what the individual's returns are. I submit to you that although the City says our pension plan cost 23 percent over the last seven years, the City has not put one dime in for the people that I represent. On the contrary, the City has saved seven point nine million dollars ($7.9 million). At some point in time, the citizens, you, as Mayor, and Commissioners in the City need to know the real truth. I will be happy to answer any questions from you or your Management team. How? Because I know these are the facts. Commissioner Plummer: Oh, it's very simple. I was told it isn't going to cost the City anything. So let's hear from the City. Sue Weller (Labor Relations Officer): Commissioner, when I talked to you the other day, I believe I indicated to you that we're going back to the old way... to the old process of allowing executives to belong into the ICMA plan. That has always been where the employee contributes ten percent and the... the employee contributes ten percent and the employer contributes eight percent. The issue that I think Mr. Cox is bringing up at this point is he is saying that the City's... or the GESE plan, the general employees' plan, when you look at normal cost of that plan, because their excess earnings... they had excess earnings. There is no cost to the City. The pension piece that the City pays is a result of the Gates settlement. Commissioner Plummer: Yeah, but your indication to me the other day was that switching back from that plan over to the ICMA would be of no cost to the City. Commissioner Gort: Savings to the City. Ms. Weller: No. Commissioner Plummer: Well, that's not what Mr. Cox is saying. So somewhere in between, there's a five point seven million discrepancy between what she told me and what he said. 8 April 10, 1997 Ms. Weller: That seven million, there is no... that's not a result of ICMA that he's referring to. Commissioner Plummer: No. Ms. Weller: That's a result... He's indicating that GESE has saved. Commissioner Plummer: If I remember, Mr. Cox said that it would cost the City, over the period of 15 years, five point seven million dollars. You told me it wouldn't cost anything. Now... Ms. Weller: That five point seven million that he's referring to, assuming the GESE plan continues to have excess earnings, will not cost the City any money, because it becomes part of normal cost. Commissioner Gort: Let me ask a question, J.L. Commissioner Plummer: Sure. Commissioner Gort: My understanding is... All right, let's get this straight. My understanding is the City has not had to pay any contribution towards this plan in the last seven years. Am I correct? Mr. Cox: One year. One year. Ms. Weller: I assume that's what his paperwork is showing. Commissioner Gort: OK. Mr. Cox: No. One year. Commissioner Plummer: Other than Gates. Commissioner Gort: My understanding also is the only payment that we're making, which is about eight million dollars ($8,000,000) a year, is for an old funded liability that we inherited from way back. Am I correct on that? Mr. Cox: It's twelve point one. Ms. Weller: The payment we're making is a result of Gates. Commissioner Plummer: Gates, the Gates lawsuit. Commissioner Gort: Oh, that's Gates. Ms. Weller: The Gates settlement. Commissioner Plummer: Yeah. Not liability. Mr. Cox: And it's twelve point one for the last year. Commissioner Plummer: Have you sat down with him and... Ms. Weller: Yes. 9 April 10, 1997 Commissioner Plummer: ... and gone all through this? Ms. Weller: Yes. Mr. Cox: Commissioner... Commissioner Plummer: He hasn't convinced you, and you haven't convinced him. Mr. Cox: Commissioner, there is a cost... Commissioner Plummer: No, no, no. Charlie, Charlie, as tar as I'm concerned... Mr. Cox: There is a cost for the ICMA, and it's a guaranteed cost every year that you're in it. The City must kick in eight percent for those employees. Mr. Edward Marquez (City Manager): Mr. Vice Mayor... Commissioner Plummer: As far as I'm concerned, let's go to a third party and let it be... Mr. Marquez: Well... All right. Vice Mayor Regalado: Mr. Manager, go ahead. Mr. Marquezi. The purpose of why we're requesting this option is because it was an option that was offered just to the executives of the City, as late as... one year ago? One year ago. Commissioner Plummer: Yeah. Mr. Marquez: That option was taken away because... or was requested to be taken away because there was anticipated tax changes to occur. One of the things that we're facing on the executive level is the inability to hire people, because, you know, if someone has got some level of experience in another government, they're generally vested. Or if, you know, they're up in their pension plan, it's hard to bring them into our government because of, you know, the life expectancy of Management is not that long in duration. And a lot of people think that they can't... that it won't be long enough. Someone with experience being brought over here or being requested to... being recruited to come down here may very well look at our situation and say, the life expectancy of Management is not that long. They won't be around for ten years to be vested into the pension plan. So for the executive class, this is... this option of the ICMA, while it is an annual cost of eight percent, and I don't deny that, it is something that is... offers us the ability to recruit the talent that we need to run this City. Now, again, this is a plan that we have had historically. It was not... It was changed because of perceived tax laws going into effect, which did not go into effect. I don't know... I really... We're requesting it as a management tool. We're in absolute agreement with the union that the unions' pension cost for GESE has been zero, because of all the earnings over the past number of years. Commissioner Plummer: But they still have to contribute eight percent. Mr. Marquez: They still have to contribute eight percent, because that's how the... Mr. Cox: No. We contribute ten percent. Ms. Weller: Ten percent. 10 April 10, 1997 Mr. Marquez: ... ten percent because that's how the plan is defined. Commissioner Plummer: All right. But here, the executives would not be paying anything. Mr. Cox: Yes, they would. Ten percent. Ms. Weller: No. The executives contribute ten percent, as well. Those plans... Vice Mayor Regalado: Yes, Commissioner Hernandez. Commissioner Hernandez: Sue? Ms. Weller: Yes. Commissioner Hernandez: Those people in the small group of executives that left the ICMA, now, if they were to come back, does the eight percent go retroactive or do they have an opportunity to buy back that time period that they've been out of the ICMA? Ms. Weller: If they go back to ICMA, no. There's nothing being paid retroactive back to them if they elect to go back. They... Commissioner Hernandez: So they've lost that time period of contribution. Right? Ms. Weller: That's correct. That's correct. They take whatever earnings, whatever - contributions they had rolled over to the GESE plan back to ICMA, and they only have that election for 30 days. Commissioner Plummer: Where is the difference? The employees pay ten percent. The executives pay ten percent. Commissioner Hernandez: And the City will not have to match with eight percent during that time period. Ms. Weller: Not for the time period that they've been sitting out there. Commissioner Hernandez: Right. Ms. Weller: Once they come back... Commissioner Hernandez: Then they start matching. I understand that. Ms. Weller: That's correct. But not while they're... Commissioner Hernandez: But for that time period, the City will not retroactively... Ms. Weller: No, sir. Commissioner Hernandez: OK. Vice Mayor Regalado: Do you have any projection as to how much we are talking here, in terms of the eight percent, and the projected numbers of executives that will have that benefit? Mr. Marquez: It's... There's no projections, because it's at the option of the individual coming in. So it's really hard for us to project that. 11 April 10, 1997 Vice Mayor Regalado: Do you want to... Charlie, do you want to respond? Mr. Cox: No. I just want it definitely on the record that that paper you have in front of you, when you all are sitting up there saying that we have a 50 percent benefit package and you want to include 23 percent to what numbers you'll be given, there is no 23 percent cost to you. And I won't stand before you or any members that are still with this City and tell you that we did Gates. We didn't. The City did Gates, from 1956 through 1985. And if anything, because of the way the pensions are run now, the numbers are in the pudding. I mean, you had 57 percent in 29 years. And then from that point forward, you're 109 percent funded now. Vice Mayor Regalado: Mr. Manager. Mr. Marquez: In disclosure from the Administration, it's fair. And I think it's... it depends on what you want to call something. The past pension cost that we've been paying, Gates, is an employee -related cost, even though it's past. It's past, and it has nothing to do with our current work force. So I think going forward, the Administration will make it a point to separate normal pension cost from past, from Gates settlement cost, so that people can see that one is dealing with history and the other one is not, it's dealing with today, because you're asking... Charlie, you're asking for better communications, and that's what we're trying to do on this issue. But also, I just... For purposes of the record, over the past ten years, you know... I don't really want to be in the position of defending past Management, because I wasn't around. But I can talk in terms of... as a portfolio Manager. If you look over this long period of times, the late '80s and the early '90s have been a tremendous boon market, as far as securities go. And a lot of people have been able to earn record earnings over the past decade, versus what the stock markets were doing prior. So, -you know, you've got to factor the history of the .marketplace in all of the information that's being presented to you. Commissioner Gort: But you also have to look at the way they changed the game. My understanding is they got a regulation that if any one of the money manager's did not perform within 90 percent of the median, automatically, they're fired. So which means it guarantees that the money manager that they have is a good manager. Mr. Cox: You know, it's disturbing that he just said that the Gates is attributed to us. The Gates is not attributed to us. It's attributed from the City Management using our funds. Using our funds. It is a liability, just like your bondholders are out there as a liability when you borrow money. What they did is took the money out of the funds when they should not have, and that's why Gates is there. But it is not... They took people's money. And I was here in '85. I was here in the '70s. So they were misusing our money is why Gates came about. Vice Mayor Regalado: Is there... Commissioner. Commissioner Plummer: There's no question. For the record, I was here. Gates came about in a consent payment. The City Commission agreed with you, Charlie, absolutely, that there was... I really don't want to say "mismanagement." The truth of the matter is, the money was taken and used for other purposes of City obligations, of Social Security, when it should have been put into the pension, and it wasn't. That's the whole thing of the Gates suit. Commissioner Gort: Charlie, my understanding is that the problem that we had with the... like the Manager was stating, when you're trying to get someone in a certain capacity, the job is not that long-lasting, I understand. So I think the main thing what we're saying is it's going to be very few people coming aboard on this. In your plan, they have to be ten years working before they can be vested is my understanding. 12 April 10, 1997 Mr. Cox: Correct. Commissioner Gort: And most of these directors, they don't last ten years. And I can guarantee you, for the next five to six years, who knows? Mr. Cox: But in his plan, one point eight million dollars ($1.8 million) is going for new executives and new people here. And there is going to be an eight percent cost, if all of those people decide to jump into the ICMA, and you gain nothing for excess earnings, it all goes to those employees. And that's what I want to bring up to you. Now, you've sat here and been crucified in both books about how many money managers we've had, about our pension cost, and everything else. But nobody is looking at the ninety-seven million dollars ($97,000,000) in excess earnings. Nobody is looking at the nine million dollars ($9,000,000). You know, in the book, it says one point three million dollars ($1.3 million), just by changing the assumptions, when, in fact, I have the backup that it's two point one hundred thousand... I mean two million one hundred thousand dollars ($2,100,000) of savings by changing the assumptions. And to sit here and say that the pension funds, because some outsider never went to look at the funds, never went to see what those people actually do, and then to put the blame on us about cutting, cutting, cutting, well, we are cutting, and we are saving the City money every day that we're here. Vice Mayor Regalado: Well, do we want to vote on this? I... My feeling... my feeling is that, you know, everyone that would want to work in the City of Miami has to do it because of love to the City, because he or she has to understand that there's going to be a lot of work, a lot of pain, and he or she is going to be hassled by this Commission, and by the people. So I... my vote will be in the negative, because I believe that if you want to work in the City of Miami, well, let's bite the bullet, as they say. Commissioner Plummer: I move to defer. Mayor Carollo: OK. There is a move to defer. Unidentified Speaker: Thank you. Commissioner Gort: I'll second it. Let them get together, talk it over. Vice Mayor Regalado: Sorry? Commissioner Gort: I'll second it. Vice Mayor Regalado: OK. There is a move... a motion by Commissioner Plummer to defer, second by Commissioner Gort. Mr. Jones: Mr. Vice Mayor, is there a date certain you want to deter it to or just... Commissioner Plummer: Yes, 1999. Vice Mayor Regalado: Next meeting, next month. Can we go ahead and vote, please? Commissioner Gort: Let me ask you. When I asked to defer this, the reason I seconded it, I'd like for the Administration to come back and give me the projection of what would be the cost to the City for this. Let's vote. Commissioner Plummer: Quit while you're ahead. 13 April 10, 1997 Vice Mayor Regalado: I want to make clear that I would vote no for deferral, but go ahead. THEREUPON, THE MOTION TO DEFER AGENDA ITEM 4, WHICH WAS DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER GORT, FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. NAYS: Commissioner Humberto Hernandez Vice Mayor Tomas Regalado ABSENT: Mayor Joe Carollo Commissioner Plummer: The motion dies. Vice Mayor Regalado: OK. So there is... we need to vote on this. Commissioner Plummer: So make... Vice Mayor Regalado: So go ahead and... Commissioner Plummer: Make the converse motion. Mr. Jones: The ordinance has already been read and seconded. There was already a motion and a second. Vice Mayor Regalado: OK. City Clerk, call the roll. Commissioner Plummer: The motion is to approve? Mr. Jones: Yes. Vice Mayor Regalado: The motion is to... is to approve or to reject. Commissioner Plummer: I withdraw my motion to approve. Commissioner Hernandez: Mr. Chairman, as a courtesy to Commissioner Plummer's motion to defer, obviously, we're here at a standstill on a two/two vote. So I will withdraw my vote and I will vote yes, to defer. Vice Mayor Regalado: OK. Commissioner Gort: My understanding is anyone... It's been the policy of this Commission that any one Commissioner can request for a deferral. Mr. Jones: We need a renewed motion, a renewed motion to defer. Commissioner Gort: This way, I can get more information. Commissioner Hernandez: That's why I'm changing my vote. Commissioner Plummer: I will renew my motion to defer. 14 April 10, 1997 Vice Mayor Regalado: OK. And this Commission has to speak with one voice, so I also change my vote to defer for next month. Mr. Walter Foeman (City Clerk): You have a second... seconder under renewed motion. Mr. Jones: There was a motion, a renewed motion to defer. Is there a second? Commissioner Plummer: Yes. Vice Mayor Regalado: There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-282 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 4 (PROPOSED EMERGENCY ORDINANCE AMENDING THE CODE RELATED TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST BY DELETING A REQUIREMENT THAT CERTAIN EMPLOYEES HIRED AFTER MARCH 31, 1996 SHALL BE MEMBERS OF THE TRUST) TO THE MAY 8, 1997 COMMISSION MEETING. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo --------------- ------------------------------------------------------------------------------------------- 4. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE S.T.O.P.PROGRAM FUND -- ACCEPT UNITED STATES DEPARTMENT OF JUSTICE GRANT FOR $47,250 -- FOR PURPOSES OF ENHANCING POLICE'S EMPLOYEE ASSISTANCE PROGRAM. Commissioner Plummer: I move item 6. Commissioner Hernandez: Second. Vice Mayor Regalado: Mr. City Clerk. 15 April 10, 1997 ,N An Ordinance entitled - AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "S.T.O.P. PROGRAM," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, 1N THE AMOUNT OF $47,250.00, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11478. 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. ---------------------------------------------------------------------------------------------------------------- 5. SECOND READING ORDINANCE: AMEND SECTION 2-7 OF CODE -- INCREASE SERVICE CHARGE ON REFUSED CHECKS -- ADD NEW SECTION 2-8 DEFINING ACCEPTABLE PAYMENT FORMS. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move item 7. Commissioner Gort: Second. Vice Mayor Regalado: City Clerk. 16 April 10, 1997 An Ordinance entitled - AN ORDINANCE AMENDING SECTION 2-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY INCREASING THE SERVICE CHARGE ON REFUSED CHECKS; ADDING A NEW SECTION 2-8 DEFINING ACCEPTABLE FORMS OF PAYMENT AND REQUIRING CERTAIN IDENTIFICATION FROM THE PERSON ISSUING A CHECK, DRAFT OR ORDER; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo • THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11479. 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. ---------------------------------------------------------------------------------------------------------------- b. SECOND READING ORDINANCE: AMEND SECTION 22-37 OF CODE -- IMPOSE ADMINISTRATIVE FEE WHEN REMEDYING LOT VIOLATIONS -- STUDY COST EFFECTIVENNES OF CITY VS. PRIVATE SECTOR CLEARING LOTS -- NOTIFY PROPERTY OWNERS OF COST / FINES INVOLVED. ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: Move 8. Commissioner Plummer: I'm going to second 8, and I want to know why... When is it going to start, Mr. Manager? NOTE FOR THE RECORD: Mayor Carollo enters the Commission chamber at 9:38 a.m. A. Quinn Jones, III, Esq. (City Attorney): It will be... The effective date of the ordinance would be 30 days from passage today. 17 April 10, 1997 Commissioner Plummer: And are you going to use City forces, or are you going to use private people to go in? I notice that the County is using a lot of private to go in and do yard work, which is... this is, in effect. Commissioner Hernandez: I requested that... Mr. Manager, if you remember, I requested that from your office, to look into the cost-effectiveness of us doing it, instead of going to the private sector, because that's money we're going to be pulling out of pocket sometimes, and sitting on that for years. Commissioner Plummer: Well, but we're still going to collect the hundred dollar administrative fee. Commissioner Hernandez: Oh, yeah, yeah. That's beside the fact. But, for example, you got a lot clearing lien that we might pay 15... Commissioner Gort: It might take a while, yeah. It might take a while to collect. Commissioner Hernandez: Yeah. When we collect that we'll... We could pay the private sector fifteen thousand dollars ($15,000) to clear the lot, and then there's a lot clearing lien. We might not see that for a couple of years. So... Commissioner Plummer: Well, let me tell you, it's sure going to clean up this City. Commissioner Gort: Mr. Manager, also, I would like to before, to be informed, to make sure that any lot that needs to be cleared, that the owners receive the proper information of the cost if they don't take care of the matter-. I want to make sure that they're aware of what's going to take place. Mr. Edward Marquez (City Manager): Mr. Vice mayor, let us get to you a report with the procedure, so that you see what we're going to do in that regard, so that we're all on the same page. Commissioner Plummer: Did you read it? An Ordinance entitled - AN ORDINANCE AMENDING SECTION 22-37(t) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPOSE AN ADMINISTRATIVE FEE OF $100.00 OR TEN PERCENT, WHICHEVER IS GREATER, IN ADDITION TO THE ACTUAL EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY A VIOLATIVE CONDITION ON A LOT; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 18 April 10, 1997 passed on its first reading, by title, at the meeting of March 20, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11480. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 7. SUBMIT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT (FIND) -- FOR $100,000 GRANT FUNDING -- FOR PEACOCK PARK SHORE LINE EDUCATIONAL ENHANCEMENT PROJECT. Commissioner Plummer: I move 9. Commissioner Gort: Second. Mayor Carollo: There's a motion on 9 and a second. Any discussion from the Commission? Commissioner Plummer: I think it's a great thing. It doesn't cost anything. We've got a hundred thousand dollars ($100,000) of improvements to Peacock Park. I think it's great. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. 19 April 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-283 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") UNDER SAID AGENCY'S WATERWAYS ASSISTANCE PROGRAM FOR GRANT FUNDING IN THE ESTIMATED AMOUNT OF $100,000 FOR THE PEACOCK PARK SHORELINE EDUCATIONAL ENHANCEMENT PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 8. ACCEPT BIDS: ROBBIE FEED SUPPLY / OK FEED STORE SOUTH -- FOR HORSE FEED & SUPPLEMENTS TO POLICE DEPARTMENT -- ALLOCATE FUNDS ($20,000 FROM ACCT. 001000.290201.6.710) ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Ten. Commissioner Plummer: I move 10. Mayor Carollo: Moved by Commissioner Plummer. Commissioner Hernandez: Second. Mayor Carollo: Seconded by Commissioner Hernandez. Any further discussion from the Commission? All in favor, signify by saying "aye." 20 April 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-284 A RESOLUTION ACCEPTING THE BIDS OF ROBBIE'S FEED SUPPLY, INC. AND OK FEED STORE SOUTH, INC., FOR THE FURNISHING OF HORSE FEED AND SUPPLEMENTS TO THE DEPARTMENT OF POLICE ON A SPOT MARKET CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $20,000.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.710; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICE, AND THEREAFTER TO EXTEND SAID CONTRACTS FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS AT THE SAME TERMS AND CONDITIONS, 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 Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 9. ENGAGE WEISS, SEROTA & HELFMAN LAW FIRM -- FOR LEGAL SERVICES -- ALLOCATE FUNDS ($25,000, ACCT 920205-250). ---------------------------- ----------------------------------------------------------------------------------- Commissioner Plummer: Move 11. Mayor Carollo: Eleven is moved by Commissioner Plummer. Commissioner Hernandez: Second. Mayor Carollo: Seconded by Commissioner Hernandez. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 21 April 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-285 A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S ENGAGEMENT OF THE LAW FIRM OF WEISS, SEROTA & HELFMAN, P.A., AS COUNSEL, TO PROVIDE LEGAL SERVICES CONCERNING ALBERTO, ALBERTO, ET AL. VS. THE CITY OF MIAMI, FLORIDA, CASE NO. 96-1051-CIV-DAVIS IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM ACCOUNT CODE NO. 920205-250 FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 10. (A) CONVEY CITY -OWNED PROPERTY IN SOUTHEAST OVERTOWN PARK WEST (PARCEL 2) TO COMMUNITY REDEVELOPMENT AGENCY (CRA) -- TO COMPLETE LAND ASSEMBLY FOR PROPOSED GAS STATION DEVELOPMENT. (B) COMMENTS CONCERNING CANCELLATION OF PERSONAL APPEARANCE BY MR.& MRS. WALTER CHWALIK. (C) ADJOURN CITY COMMISSION MEETING. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I don't understand 12. Who are we giving this property to? Commissioner Hernandez: I can speak up for that. We're going to have to convene for a second the CRA (Community Redevelopment Agency). Where is Erdal? Erdal is you can explain to them, and I'll get into it after. Mayor Carollo: Well, I don't know if we could really convene as the CRA now without advertising it. Commissioner Hernandez: Did you... Commissioner Plummer: Well, it's before the City Commission for a vote. It's not before the CRA. 22 April 10, 1997 Commissioner Hernandez: No. I'll tell you what's going to happen after. Commissioner Plummer: Is this the filling station? Mr. Erdal Donmez (Development Coordinator, Community Redevelopment Agency): That's correct. Commissioner, you... Commissioner Plummer: This is the filling station? Commissioner Hernandez: We need to convey 270 feet to the CRA, and then the CRA is going to turn around and sell it. Commissioner Plummer: I'm asking the question, is this the filling station? Commissioner Hernandez: Yes, it is. Mr. Donmez: That's correct. Commissioner Plummer: We went out for bids. i Commissioner Hernandez: Right. Commissioner Plummer: Everything, in my estimation, is perfectly legitimate. ' Commissioner Hernandez: Right. i Commissioner Plummer: We did everything according to the book. I move item 12. Commissioner Hernandez: That's correct. A. Quinn Jones, III, Esq. (City Attorney): There's one... If I may, Mr. Mayor. There's one correction on Attachment A, which is the legal description, and the number "3" is omitted after the word, "north," so that will have to be corrected. Commissioner Plummer: I move it, Mr. Mayor. Commissioner Hernandez: Second. Mayor Carollo: It's been moved by Commissioner Plummer. Commissioner Hernandez: I second it. Mayor Carollo: Seconded by Commissioner Hernandez. Any further discussion? Hearing none, all in favor, signify by saying "aye." 41 The Commission (Collectively): Aye. 23 April 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-286 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 270 SQUARE FEET OF LAND, LEGALLY DESCRIBED AS THE NORTH 3 FEET OF LOT 7 AND THE NORTH 3 FEET OF THE EAST 40 FEET OF LOT 6, BLOCK 20, OF THE CITY OF MIAMI NORTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FROM THE CITY OF MIAMI TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A WARRANTY DEED, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID CONVEYANCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort -Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Vice Mayor Regalado: Mr. Mayor, one of the personal appearances, I just called and Mr. Walter Chwalik said that he won't be able to attend, so that would be one personal appearance less. Commissioner Plummer: What item number was that? Vice Mayor Regalado: Two. Two. Commissioner Plummer: So we have items 3... Commissioner Hernandez: As a point of clarification, Commissioner Plummer, I need a legal opinion. On item 12, now that the City of Miami is conveying this piece of property to the CRA, do we need to convene a CRA meeting to vote, authorizing the CRA to sell this 270 square feet? I think we do. Mr. Jones: Commissioner, I'm not... Yeah. Mayor Carollo: We would have to, in my estimation. Mr. Jones: Mm-hmm, yeah. Commissioner Plummer: Well, no. My recollection is, is that we moved approval of transfer, subject to the City Commission's action, and that's all you would have needed. 24 April 10, 1997 Commissioner Hernandez: You mean the CRA did? Commissioner Plummer: Yes. Commissioner Hernandez: Well, I wasn't there at that time. Commissioner Plummer: Well, I was. Mr. Jones: Well, if that's the case, then I'm not sure, because I'm not... You know, you have your own CRA counsel, so I don't know. Commissioner Hernandez: Well, we need to do... We need to make a decision on this, I think. Commissioner Plummer: Yeah. And I would like to recommend to my colleague, Humberto... Commissioner Hernandez: Yes. Commissioner Plummer: ... that you consider what we used to do, and that is, use in-house counsel for legal advice. Mr. Jones: For the CRA? Commissioner Plummer: Yep. Yep. Commissioner Hernandez: Erdal, do you -remember voting on this, on the CRA? Mr. Donmez: You need to... Erdal Donmez from the Community Redevelopment Agency. Item number 12 conveyed the property to CRA. For CRA to sell the property to Mr. Hatchman, we need to have the CRA Board of Directors to pass a resolution. Commissioner Hernandez: Yeah, but Commissioner Plummer says we already did that. Commissioner Gort: We approved that at the CRA meeting. Mr. Donmez: Well, the CRA Board of Directors approved on October 28th a piece of land which we advertised, you know, for sale. Prior to closing of that sale, we found out that a small strip of land between our land and the gas station, which is the 270 square feet... Commissioner Plummer: So put it over to the next CRA meeting. Commissioner Hernandez: Well... Mr. Donmez: We advertised for today, in case, you know, you can take that action. Commissioner Hernandez: Well, if it's advertised, then let's convene the CRA and let's do it. Mr. Jones: Well, you can adjourn this meeting and convene as the CRA. Commissioner Hernandez: Right. Let's just take care of it. Mr. Jones: He says it was advertised. Commissioner Hernandez: Just tell them adjourn this meeting and we'll... 25 April 10, 1997 Commissioner Plummer: Change hats. Are we now convened as CRA? Commissioner Hernandez: We're going to adjourn and convene the CRA. Mayor Carollo: Go ahead. Vice Mayor Regalado: OK. Commissioner Plummer: I move that the item be approved for the sale. Commissioner Hernandez: We need to adjourn this meeting. Mr. Jones: Yeah. Mayor Carollo: There's a motion for the item to be approved for the sale. Vice Mayor Regalado: First, we need to adjourn this meeting and... Commissioner Plummer: Yes. I made... Commissioner Hernandez: I move to adjourn. Mr. Jones: Just temporarily adjourning it. -Vice Mayor Regalado: Right. There's a move to adjourn this meeting. Commissioner Plummer: This is Mickey Mouse. Vice Mayor Regalado: All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-287 A MOTION TO ADJOURN THE CITY COMMISSION MEETING AT 9:44 A.M. FOR THE PURPOSE OF CONVENING AS THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 26 April 10, 1997 THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01 FLORIDA STATUTES, AND PART III, CHAPTER 163 FLORIDA STATUTES, CONSTITUTED ITSELF AS THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUE: ---------------------------------------------------------------------------------------------------------------- 11. (A) CONVENE AS BOARD OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. (B) REAFFIRM SALE OF CRA PROPERTY (SOUTH 25 FEET OF LOTS 1 / 4 / 5 & THE NORTH 3 FEET OF THE WEST 50 FEET OF LOT 10 IN BLOCK 20) -- FURTHER AMEND MOTION 96-12 TO INCLUDE SALE OF PROPERTY TO 100 BISCAYNE INC -- FOR GAS STATION RETAIL. ---------------------------------------------------------------------------------------------------------- Chairman Hernandez: This is a meeting of the CRA Board. Board Member Plummer: I move the CRA sell the property as it went through the procedure of bidding, and everything was according to the book. I so move that it be sold. Chairman Hernandez: Is there a second? Board Member Regalado: There is. Chairman Hernandez: All those in favor... Board Member Plummer: And all the money be given to the City. 27 April 10, 1997 The following motion and resolution were introduced by Board Member Plummer, who moved its adoption: MOTION SEOPW/CRA NO. 97-4 A MOTION TO CONVENE AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AT 9:44 A.M. RESOLUTION SEOPW/CRA NO. 97-4.1 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA"), REAFFIRMING THE SALE OF THE CRA OWNED PROPERTY LEGALLY DESCRIBED AS THE SOUTH 25 FEET OF LOTS 1, 4 AND 5 OF THE NORTH 3 FEET OF THE WEST 50 FEET OF LOT 10 IN BLOCK 20, OF THE CITY OF MIAMI NORTH ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AND AMENDING MOTION NO. 96-12 TO INCLUDE THE SALE OF THE PROPERTY LEGALLY DEFINED AS THE NORTH 3 FEET OF LOT 7 AND THE NORTH 3 FEET OF THE EAST 40 FEET OF LOT 6, BLOCK 20, OF THE CITY OF MIAMI NORTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO 100 BISCAYNE, INC. FOR ADDITIONAL $13,500 FOR THE PURPOSE OF DEVELOPING A SUPER GAS STATION/RETAIL OPERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Chairman Hernandez, the motion and resolution were passed and adopted by the following vote: AYES: Board Members J.L. Plummer, Jr. Board Members Wifredo Gort Board Member Tomas Regalado Board Member Joe Carollo Chairman Humberto Hernandez NAYS: None. ABSENT: None. 28 April 10, 1997 THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUE, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. ---------------------------------------------------------------------------------------------------------------- 12. RECONVENE CITY COMMISSION MEETING. A. Quinn Jones, III, Esq. (City Attorney): And now, a motion to reconvene. Vice Mayor Regalado: There is a motion to reconvene the City Commission meeting. Commissioner Plummer: Oh, yes, of course. Vice Mayor Regalado: OK. There's a second? Commissioner Plummer: M-I-C... Commissioner Hernandez: Second. Vice Mayor Regalado: Second by Commissioner Hernandez, Commissioner Plummer: K-E-Y... Vice Mayor Regalado: All in favor, say "aye." Commissioner Plummer: M-O-U-S-E. The Commission (Collectively): Aye. Vice Mayor Regalado: All right. Mr. Jones: What happened to Mickey? 29 April 10, 1997 :i� The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-288 A MOTION TO RECONVENE THE CITY COMMISSION MEETING AT 9:45 A.M. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 13. DISCUSS / DEFER TO MAY 8, 1997 MEETING PERSONAL APPEARANCE BY ALICIA DIAZ OF HALEY SOFGE. Vice Mayor Regalado: Item 13. Commissioner Plummer: Item 3, I guess. We ought to go back... Vice Mayor Regalado: Sorry? Commissioner Plummer: I guess we should do item 3, if that's... if we're going to do according to the schedule. Vice Mayor Regalado: Absolutely. Alicia Diaz. Commissioner Plummer: Is she here? Vice Mayor Regalado: No. Well... Commissioner Plummer: Move to defer to the next meeting in May. Commissioner Hernandez: Second it. Vice Mayor Regalado: OK. What about if she comes... Commissioner Plummer: Tell her to come back in May. Commissioner Gort: Mr. Vice Mayor, it's my understanding we have a letter relating to the personal appearance of Alicia Diaz which... Vice Mayor Regalado: We do. We do. 30 April 10, 1997 Commissioner Gort: ... which I think it answers our questions. Mr. Aaron Weeks (Chief of Staff): Mr. Vice Mayor... Vice Mayor Regalado: And I think that if we accept this recommendation, there is no need for Ms. Diaz to appear before the Commission. Mr. Weeks: Yes. And we... She's been... Vice Mayor Regalado: Because that's what basically she wanted to... Commissioner Gort: Make sure and send a copy. Commissioner Plummer: Well, Mr. Vice Mayor, in reading this, she is asking the City for forty- five hundred dollars ($4,500) to... Vice Mayor Regalado: The forty-five hundred dollars ($4,500) that the City Commission approved. Commissioner Plummer: And we have stopped that completely dead in its tracks. Remember, the other day, I came before this Commission and asked for a waiver? This is tantamount to the same thing. So, you know, I caught hell in the paper for trying to help the unemployed of this community, and I'm saying that we're going to be across the board. And they found other places to meet for their job training programs. Then these people are going to have to find other monies. You know, I realize politically, this is a great thing to do, but I just don't think if we're -going to be... Mr. Manager, your Chief of Staff jumped up and screamed the other day about this. I'm wondering why, if, in fact, this -is not- the same reason, you're not jumping up and screaming. Mr. Elbert Waters (Director, Community Development): Good morning. If I may, Commissioner. Commissioner Plummer: I'm sorry? Mr. Waters: If I may. Good morning. Commissioner Plummer: No, because I asked the Manager. Mr. Edward Marquez (City Manager): My Chief of Staff can speak for himself on this item. Commissioner Plummer: You know, I want to know why you're going to propose to give forty- five hundred dollars ($4,500) in programs. We haven't given one, as far a I know, for the past... how long since you been here, Mr. Marquez? Mr. Marquez: October the 15th. Commissioner Plummer: That's right. And now, we're going to start all over again. Mr. Weeks: Commissioner, the reason why the City Administration is requesting to authorize the payment of this forty-five hundred dollars ($4,500) is because there is a City Commission resolution, 96-482, which committed the City to... obligated the City to this amount of money. Commissioner Plummer: That's correct. And also, the other of 96-482, in reference to the five hundred thousand dollars ($500,000), we obligated ourselves, but we can't afford it now, and we 31 April 10, 1997 'y had to say, "I'm sorry." All I'm saying is, this is money that's being used for training. OK? That is what the PIC (Private Industry Council), that's what JEB (Jobs Employment and Training Board) is for, and that is where they should have applied for their money. If they're a training agency, there's monies there available, a lot of money. Look, I'm not opposed to this, but once you do it, you've opened back up the door that we said was not going to be reopened. So let's be consistent. That's all I'm saying. I move the matter be deferred for further... Mr. Waters: Commissioner, if I may. Commissioner Plummer: No. You threw it at me this morning. I'm asking it be deferred, Mr. Mayor. Mayor Carollo: There's a motion for deferment. Is there a second? Vice Mayor Regalado: Second. Mayor Carollo: Second by Vice Mayor Regalado. All in favor, signify by saying "aye." The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-289 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 3 (PERSONAL APPEARANCE BY ALICIA DIAZ, PRESIDENT OF HALEY SOFGE, TO ADDRESS THE COMMISSION REGARDING R 96-482) TO THE MAY 8, 1997 COMMISSION MEETING. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 32 April 10, 1997 a -------------------------------------------------- ------------------------------------------------------------- 14. DISCUSS / ADOPT ADMINISTRATION PROPOSAL TO AMEND FEE STRUCTURE OF BAYSIDE SEAFOOD RESTAURANT, INC. -- REQUIRE PERSONAL GUARANTEE FROM OWNER -- FURTHER ADVISE COMMISSION OF PROPOSED DEVELOPMENT PLANS FOR VIRGINIA KEY. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We're now on item 13. Commissioner Hernandez: What happened to 2? Are we going to handle 2? Commissioner Plummer: No. Two said... she's not going to be here here. They called. That was what he said. Commissioner Hernandez: OK. Mayor Carollo: Two is not going to be here? Commissioner Plummer: Yeah. Mayor Carollo: OK. We're back on 13. Commissioner Plummer: Mr. Mayor, when this was deferred, it was deferred by me for the purposes of asking that the monies that were due and owing to the City would be in some way guaranteed, that if, in fact, the concessionaire did, in factjeave the City for whatever reason, and as we know the plans of hopefully redoing Virginia Key, that, in fact, the City would be receiving the monies that were due and owing them. He indicated at the time he couldn't do it then. He's indicated to me again this morning in my office that he can't do it. And, you know, as far as I'm concerned, that's the name of the game. If you owe somebody, you give collateral. Further, this morning, he made a statement to me that further concerns me, that if, in fact, the City terminates him at any time while the loan... the amount of money owed is outstanding, that it is his feeling that he would not owe the City any money after he was terminated, regardless of the amount. And that's, I guess, reiterated my strong concern that the City must have some kind of assurance that the money due and owing is going to be paid. I have no problem with the configuration done by staff. I think it's fair. I think it's what should be. But without a consideration of collateral to guarantee the money owed the City is paid, I cannot vote for it. Mayor Carollo: Is there any further discussion from the Commission? Commissioner Gort: Which item is this? Commissioner Plummer: It's item 13. Vice Mayor Regalado: I'd like to ask him, Mr. Mayor, if they agree with the terms. 33 April 10, 1997 Mr. Claude La Roche: Mr. Mayor and Commissioners, Claude La Roche, Bayside Seafood. The issue in question is an accrued debt that should not have accrued. It was brought to the attention of the former director of Asset Management in December of 1995, where we asked that this matter be reviewed, in the hope that we could restructure the fee, because the fee, as it was then, as we had agreed to, we just could not pay it. That is the additional twenty-five hundred dollars ($2,500) over the 10.3 percent of gross. In fact, in 1995, that amounted to 18 percent of our gross. The Asset Management agreed that that was unfair and excessive. We waited until January of 1996, as we had not heard from Mr. Rodriguez, and we wrote a letter to Mr. Odio, asking for a meeting with this Commission in order to discuss this matter. That meeting was held on the 27th of March, and unfortunately, the item did not come up. It was deferred, and then it came back again on the 23rd of May, and it was deferred once more. Then, of course, many things happened in the City, and the matter was... obviously, did not have the priority that some other issues had, and it got lost in the paper trail. We are asking that the amendment which is now being proposed by Asset Management be somewhat changed from their original proposal. They propose a twenty-five hundred monthly minimum guarantee. We're asking that that be raised to thirty-five hundred monthly. And anything over five hundred thousand in gross, they've proposed that we pay eight percent. We are proposing that we would pay six percent. This brings us more into line with our competition, which are paying two percent just across the way from us at the Southfork Restaurant, and Rusty Pelican, where they are paying five percent. And in a recent agreement that you made with the Firehouse 4, they have a three and a... three point eight percent for three years, and five percent for the next three years. So we think that, you know, that would be fair and equitable if that could be agreed upon. The accrual... Commissioner Plummer: Mr. Mayor... Mr. LaRoche: Excuse me. Commissioner Plummer: Mr. Mayor, regardless of how -you come about it, he made an agreement. He agreed to it. He paid it for eight months. Then he fell on hard times. I understand that. That happens in business. He still owes the money. And as far as I'm concerned, all the rest of the deal is fine. But the money he owes the City, he's got to pay. I mean, I feel sorry, and I... you know, that he's had hard times. But we're not about the business of loaning money to people to stay into business, to my knowledge. Mayor Carollo: Dena, what is it exactly that staff is recommending? Can you go slowly, one by one on the items? Dena Bianchino (Assistant Director, Asset Management): Absolutely. These items were discussed at the previous Commission meeting, which was a twenty-five hundred dollar ($2,500) monthly minimum guarantee, eight percent of gross receipts after five hundred thousand dollars ($500,000) a year, which I had thought the other party had agreed to, and then we had agreed on a thousand dollars ($1,000) a month additional that would go to repay the money that is owed the City. Now, at the last meeting, Mr. La Roche came up with some figures regarding services that his firm has been providing for the City - the cleaning of the restrooms - and we have analyzed garbage costs and restrooms, and we have found that, in fact, Mr. La Roche has provided services in excess of what the City is providing. So we are proposing that he be credited on a monthly basis for this amount, which is about fourteen thousand dollars ($14,000), seven eight - five of... Mayor Carollo: On a yearly amount, you're saying or... Ms. Bianchino: Right. Right. Mr. LaRoche: No. No. 34 April 10, 1997 Mayor Carollo: I thought you said monthly. Ms. Bianchino: I'm sorry. No, they would be credited seven eight -five a month. Mayor Carollo: OK. Ms. Bianchino: And that would go toward paying back the money that they owe us. Using this scenario, it would take them approximately 16 months to pay back the City. Mayor Carollo: All right. Now... Commissioner Plummer: But what about the water and the trash? Ms. Bianchino: OK. We are proposing that Bayside... Commissioner Plummer: No. I mean before, was that deducted from? Ms. Bianchino: The garbage, if we figure in the garbage... Commissioner Plummer: Yeah. Ms. Bianchino: ... and the cleaning of the bathrooms, that's how we came up to the fourteen thousand dollar ($14,000) credit. We figured out the garbage. We talked to the garbage... Commissioner Gort: Retroactive. Ms. Bianchino:- Well, it's for the time period since... Commissioner Plummer: My understanding was the cleaning in the bathrooms was offset - the City's contention before - by the garbage removal and the water supply. Ms. Bianchino: No. What we're proposing is this. We... Commissioner Plummer: No, no. Answer my question. Is that true, or is it not true? Ms. Bianchino: The water... Commissioner Plummer: That the cleaning of the bathrooms at fifty dollars ($50) a day was offset by garbage removal and the water supply. Is that a correct statement? Ms. Bianchino: What happened was... Commissioner Plummer: Excuse me. Would you answer my question? Ms. Bianchino: I'm sorry, J.L. I'm sorry. Commissioner Plummer: Again, it was my understanding that the cleaning of the bathrooms was offset as a wash by the removal of garbage and the water supply. Is that a true statement? Ms. Bianchino: No. Commissioner Plummer: It is not. Then tell me what was. 35 April 10, 1997 Ms. Bianchino: OK. He had different estimates on the water services than we did. We are proposing that we go back and do a survey on water consumption, and that Mr. La Roche pay whatever he uses in water. Commissioner Plummer: But he, in the past, had water free. Ms. Bianchino: That's correct. Commissioner Plummer: He had garbage removal free. Ms. Bianchino: That's correct. Commissioner Plummer: OK. And you're saying that that did not equate to the fifty dollars ($50) a day of cleaning the bathrooms. Ms. Bianchino: That's correct. Commissioner Plummer: And there's a seven hundred and some dollar discrepancy? Ms. Bianchino: Per month. There's a seven eighty-five dollar... Commissioner Plummer: Something is wrong. Anyhow, OK. Mr. LaRoche: May I... Commissioner Plummer: - Don't... Let me just... - It's my understanding, Mr. Luft... and I'll conclude. - Mr. Luft, how long before the master plan will be in for the Virginia Key, that for which the Mayor has asked and the people are waiting to bid on? (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Yeah. Mayor Carollo: One of the things that I think we're going to have to consider while they're working on finishing that plan is what is in the City's best interest in going about on Virginia Key. And what I mean by that is, do we go out with one master plan for where the marine stadium is, or do we want to go with possibly, if we don't get into the DRI (Development of Regional Impact) process and are forced to go into it for the whole, for the whole island. And... Commissioner Plummer: I don't think there's anybody that is capable, in my opinion, of doing that as one major project. Mayor Carollo: No, I don't think so either. But we might want to consider maybe bringing in someone that would be the master developer, and you could give... Commissioner Gort: Teams. Mayor Carollo: ... teams out. Commissioner Plummer: Yeah, that's fine. They could do it... 36 April 10, 1997 Mayor Carollo: I don't know if that's in the best interest of the City or not. It might not be. But I think we need to consider that. However, I will say this. That the more that I've been thinking about it, the more I'm inclined to believe that at least in the marine stadium site, if we try to break that up into small parcels, we're going to end up making a "mishmash" where it's going to hurt the City. We have one main site there for a hotel. We could actually have a second hotel if it would make business sense. And I do not believe that we could get any kind of hotel in that site unless we bid out the whole site as one. If we try to break it up into small parcels, I think we're going to be hurting the City tremendously, and we're going to end up with no hotel chain, whatsoever, wanting to go onto that site. Commissioner Plummer: The reason I asked the question was, it is my opinion that we're going to be doing something within 12 months, OK? And I think that's a... Mayor Carollo: I agree with you on that. In fact, I'd like to see that. Commissioner Plummer: All right. So these people are going to be there. They're on a revocable 30-day contract. So, you know, we're looking at these people being there, at the most, another year. That's it. Huh? Mayor Carollo: Well, yes and no, because even if we put this out for an RFP (Request for Proposals), and we can accomplish everything in 12 months or less, before actual construction begins there, it's going to be more than 12 months. So I think the 16-month period that Dena is talking about is certainly a reasonable time, that they should be there, at least for that time. Commissioner Plummer: All right. Mayor Carollo: And probably more. Commissioner Plummer: Well, I'll conclude... Mr. Luft... Mr. Jack Luft (Director, Planning & Development): We are... Commissioner Plummer: I don't know what you're doing in Virginia Key master plan. Mr. Luft: Could I answer your question? Commissioner Plummer: OK? But let me tell you something. I can't speak for my colleagues, but you've not been to see me, you've not asked my opinion, and you're going about... coming about with an RFP or a proposal for a master plan. Mayor Carollo: He's not, J.L. I'm the one that's bringing this up. Commissioner Plummer: Well... Mayor Carollo: That is one of the things that we might want to discuss at our next Commission meeting. Commissioner Plummer: About two months ago, this Commission instructed the Administration to start preparing a master plan. OK? Mayor Carollo: And they are. They are. Commissioner Plummer: They have not been to see me or... I don't know about other members of this Commission... 37 April 10, 1997 1 Mayor Carollo: They haven't seen me, either. Commissioner Plummer: ... who... That's even worse. OK? I'm saying to the Administration, before you guys go and you start laying out plans, you better come talk to the Commission and see what we have in mind, because I'd hate to come back and remind you one more time that we do the voting. OK? So don't go putting something together, throw it up here at the last minute, and say, if you don't vote on this immediately, it's your fault. I'm telling you in advance. Commissioner Hernandez: Mr. Mayor, can we hear from Mr. La Roche? Mayor Carollo: Yes. Mr. La Roche, go ahead, sir. Mr. La Roche: Mr. Mayor, as I began to review this, I... One of the thing that we want to bring to your attention is the unfairness of the accrual of the so-called debt, because this issue was brought to the attention of the City staff in December of '95, and again, it was brought before this Commission on four separate occasions, and for various reasons, it was deferred. I don't think that we should be made to... you know, to be responsible for the accruals. The accruals were not a result... were not our problem. The accruals were the result of staff or what have you that did not act on our request. Now, they see the need to act on our request, and all I'm asking is that this be... the effective date of this amendment be dated as of the time that it was first brought to the attention of the City. That's the only thing that we're asking. Commissioner Plummer: I move that... Vice -Mayor Regalado: Excuse me. - Do you agree with the eight percent? Mr. La Roche: Well, we'd like six percent. We... but sure, we'll take -eight percent if that's all we can get. Vice Mayor Regalado: Is the six percent not a compatible number to the other restaurants in the area? Commissioner Plummer: No, that's... Ms. Bianchino: It's very difficult to compare this with other restaurants in the area.... Commissioner Plummer: You can't. Ms. Bianchino: ... because they're under very old leases that are not fair market rent. So it's very difficult to compare this, which we're trying to bring down to a fair market rent with the other restaurants. Mr. La Roche: The new... the new lease... Excuse me, but the new lease you signed with Firehouse 4 is 3.8 percent for the next three years. Ms. Bianchino: No. What you've neglected to calculate in there is... Commissioner Plummer: Oh, this is ridiculous. Ms. Bianchino: ... the minimum base rent that they're... Mr. La Roche: Yeah, but that's... I'm saying the minimum represents... 38 April 10, 1997 t, 4 Commissioner Plummer: Joe, are you ready for a motion? I'm going to make a motion that we accept staff's recommendation. Mr. La Roche: ... if they do two million, represents 3.8 percent. Ms. Bianchino: No. Well, it's a little more complicated than that. Mr. La Roche: Well, it's in Mack and white. Vice Mayor Regalado: But we were told that because of the other restaurants use china, they were allowed to pay less. Now, we are telling these people, you're going to pay your loan. And they will. They're going to be there at least 16 months, and they will be, and they will have to pay. Now, we are telling them that we're going to try to have a pilot program here. We're going to charge you more so when we do other leases, we can charge other people more. So you might want to get these people out of business just to do a test on the area. And it's like a monkey in a laboratory, you know. Let's kill him to see if it's work. I just don't understand. We're trying here to bring businesses, and it seems that it's very difficult to do business in the City of Miami. Commissioner Hernandez: How much in accruals are we talking about during that time that you're saying was delayed? Mr. La Roche: It's forty-five thousand, less the credit for the janitorial services. It brings it down to thirty-one thousand. Commissioner Hernandez: And this is what... Dena, we're trying to charge him a thousand dollars ($1,000) a month to catch up to the thirty-one thousand dollars ($31,000) he's talking about? Ms. Bianchino: We... Yes, he's right. It's thirty-one thou. We agree with that. Commissioner Hernandez: But that... According to your recommendation, is that the thousand dollars ($1,000) he's going to be paying a month? Ms. Bianchino: Yes. Commissioner Hernandez: Well, that would be 31 months. Right? Commissioner Plummer: Yep, sure would be. Ms. Bianchino: Well, not... We had also... We are also recommending that he receive a credit against services he's provided for the City of an additional seven hundred and eighty-five dollars ($785) a month. So it would bring it down to 16 months. Commissioner Hernandez: So then... Ms. Bianchino: We're giving him a credit. Commissioner Hernandez: OK. In total, that credit, how much does he owe the City, according to... Ms. Bianchino: Well, he still owes the City the same amount of money. He would just be paying it off faster. Commissioner Hernandez: Oh. I got you. I got you. I see. 39 April 10, 1997 '1 Commissioner Gort: He should be paying it off with a credit of one thousand dollars ($1,000). Commissioner Plummer: I move staff's recommendation. Commissioner Gort: Second. Commissioner Plummer: Which includes a personal guarantee be given. Mayor Carollo: There's a motion, there's a second. Dena, the question of the two hundred and fifty thousand dollars ($250,000) that is here in the discussion item on the agenda for them to invest in... Mr. La Roche: We've withdrawn that from our proposal, sir. Our proposal of November 20th is withdrawn. Mayor Carollo: OK. I want to be sure on that. Any further discussion from the Commission? Commissioner Hernandez: Commissioner Plummer, can you reconsider the personal guarantee? How long have you been on this property already? Mr. La Roche: Fourteen years, sir. Commissioner Plummer: No. What I would reconsider, if you want, Humberto is, you know, their contract was up, and we put them out on a month to month. Let's terminate them and put it out to a bid, which we should have done before. Commissioner Hernandez: No, But, I mean, he's been there 14 years. He's up to date. I mean... Commissioner Plummer: No, he's not. He owes the City forty-five thousand dollars ($45,000) or thirty-one thousand dollars ($31,000). All I'm asking is the comfort - the City is owed the money - that he pays what he owes and he committed himself to. Mr. La Roche: We've invested four hundred and fifty thousand dollars ($450,000), sir. Commissioner Plummer: Now, sir, you did that at your own risk. You agreed to go in and pay what you agreed to pay. And you just, for whatever reason, you just decided you weren't going to pay the rent anymore. Mr. La Roche: No, sir. We advised the City that we couldn't pay it and we wanted a review Commissioner Plummer: Sir, you didn't pay the rent. Mr. Mayor, I'm not going to stand here and argue. The money is due and owing. This City has every... every means to have personal guarantees that this City is going to collect its money. If he's there for 31 months, there's no problem. Ms. Bianchino: Sixteen months. Commissioner Plummer: Sixteen months. OK? There's no problem if he keeps paying. But it's got to be a personal guarantee. Commissioner Gort: Commissioner, my understanding is we had a similar case come in front of us about five months ago, and we requested the same thing. 40 April 10, 1997 Mayor Carollo: Watson Island. Commissioner Gort: On Watson Island. So if we're going to do that, we have to do it for everyone. We can't... Commissioner Plummer: Look, I made my motion. If you all are not happy with it, vote it down. I'm going with what staff recommended in trying to protect the City. If you don't like it, hey, it's not going to hurt my feelings. Mayor Carollo: The... I'm glad I just found out my colleague has feelings. Commissioner Plummer: In my business, let me tell you, ha-ha. Mayor Carollo: The one thing that I will state is that one of the statements that you made, Commissioner, that we should bid it out now, obviously, that's the way we want to go. But we can't bid something out that in less than two years, or more or less in that time, you know, they won't he around anymore. So, you know, that's an option that we don't have, because we're not going to get anybody to bid. And obviously, the only reason that they're staying here is because they had 14 years that they... they have that investment there already. But I will tell you now, we will not get anybody to come into this situation the way it presently is. Commissioner Plummer: You heard my motion. Mayor Carollo: Jack. Mr. Luft: As a -suggestion somewhere between what Commissioner Plummer and Commissioner Hernandez are suggesting, as opposed to a personal guarantee, we could put a lien on the equipment. The personal guarantee may not be worth much if he... Commissioner Plummer: Used kitchen equipment? Mr. Luft: Well, there is equipment out there, serviceable equipment, and if he - as he suggested he would at the last meeting - claims bankruptcy and walks away, that personal guarantee is worth nothing. Commissioner Plummer: That's why I want a personal guarantee. That's why when... He made the statement to me that if we terminate him prior to the loan being satisfied, or the money owed being satisfied, that he didn't intend to pay anything beyond that. Mr. Edward Marquez (City Manager): Can I offer another possible compromise between positions? Commissioner Plummer: I hope you do this for all across the board, because we're starting down a bad road. Mr. Marquez: We're dealing with a... This is not precedent setting, because we're dealing with someone that's been there for 14 years. This is not a new lease that we're starting from scratch, so I'm comfortable in trying to reach some sort of compromise on this. Commissioner Gort: Mr. Manager, you were not here, but the individual that we applied this to had been there 15 years. Mr. Marquez: Well, OK. Well... 41 April 10, 1997 Commissioner Gort: I want you`to know that. Mr. Marquez: I stand corrected, then, on this, but... Mayor Carollo: Well, prior to this last incident, how many times have they fallen back in rent? Mr. Luft: Well, since they began to stop paying in November '95, that's one incident. Commissioner Plummer: They paid nothing. Mr. Luft: Before that, they were always current. Mayor Carollo: Before that, they were always current. Mr. Luft: Yeah, before we had this problem. Mayor Carollo: Well, then, there is a major difference, then, between them and the people on Watson Island, because on Watson Island, it was a constant problem that we were having. And every time we would audit the books is when we would find it. That's why they were constantly behind. But the points that my colleague has made are valid. But the question is, do we want to bring this to a head in the fashion that has been discussed and maybe take a chance they will not be there tomorrow, and we lose more? Or... Commissioner Plummer: No. Absolutely not. = Commissioner Gort:'.Mr. Mayor, you brought up a- different point. It is a. difference, a different type of case. What is your suggestion? Mr. Marquez: The suggestion was to require a personal guarantee if we terminate for cause, for anything that they do that causes us to want to throw them off of the property. The likelihood of us actually requiring them to move off the property within 16 months is slim, because it's going... You know, we're going to go through an RFP process, select, there's going to be planning, etcetera, et cetera, et cetera. This... We're anticipating the loan to be paid back within 16 months, so this may be a reasonable thing. Now, if for some reason we are really good in developing the property, then it's us wanting him to get out, and then it's forgiveness of a portion of the loan. Mayor Carollo: How much collateral would you estimate off the top of your head, Jack or Dena, that they might have there in actual equipment? Ms. Bianchino: I can't answer that, but it's certainly not forty-five thousand dollars ($45,000) or thirty-one thousand dollars ($31,000) worth. Mayor Carollo: Well, I would tend to agree with that. But the reason I'm asking is because maybe there could be a meeting ground that could be found in that. Part could be attached to the equipment, and the other part could be a personal guarantee. Commissioner Hernandez: Can we just get secure... Commissioner Plummer: God, I hope the City of Miami is around if I ever get in trouble in' my business. I really hope you guys are around to help me out, because I haven't found anybody yet that will. 42 April 10, 1997 Mr. U Roche: Mr. Mayor... Vice Mayor Regalado: Mr. Mayor, if I may. I don't have any problem with that... Mayor Carollo: Commissioner, what we're discussing here is not to help anybody out. We're not in the business of helping anybody out. We're in the business of looking at transactions in a business manner, and that's how I'm looking at it. I'm looking at it strictly on a business matter. You know, they're businesspeople. You know, they have to take their lumps, as business goes. Commissioner Plummer: That's it. If I don't pay the rent, I'm out. "No tickey, no laundry." Commissioner Hernandez: Do we... I think you've brought up a financial alternative. Do we have UCC security interest on the equipment that exists on the property right now? Ms. Bianchino: No, we don't. Commissioner Hernandez: So why don't we ask them to give us that, instead of the personal guarantee? Mayor Carollo: Yeah, but as she said, it's not going to come up to the thirty-one thousand dollars ($31,000). Commissioner Hernandez: What are you saying? There's not thirty-one thousand dollars ($31,000) in equipment at the restaurant? - Ms. Bianchino: I don't believe so. Mr. La Roche: Of course, there's more than thirty-one thousand. I can assure you of that. Commissioner Plummer: Yeah, but try to sell used kitchen equipment. Ms. Bianchino: Right. Mayor Carollo: What I would suggest that we might want to determine, just on our estimation - not theirs - how much collateral is there. And then we could decide if we want to give them a credit for collateral that's there, and they've got to come up the rest with a personal guarantee. But I... Commissioner Plummer: Mr. Mayor, what's the difference between that and if we foreclose on him? I mean, why is that a personal guarantee? If we foreclose and we throw him out, and he doesn't... and he owes us money, we're going to confiscate what's there, and we're going to take it, anyhow. Mayor Carollo: Well, I don't agree that that's quite accurate, that we could just take it, anyhow. There are other steps that we would have to find... that we would have to file and follow. Mr. La Roche: Mr. Mayor, may I say a word? Mayor Carollo: Yes, sir. Mr. La Roche: Somehow or other, I feel that we're overlooking the one item here that I brought up earlier, that this issue was brought up in January of 1996, and had it been acted upon then, there would have been no accruals, so that we're being asked to assume a debt that could have been resolved in January of 1996. And 1 don't think it's... It's patently unfair to ask us, because 43 April 10, 1997 City did not act on it. I mean, it's not our fault. I mean, we brought the issue up, and we tried to have a resolution, as far as making an adjustment. And now, Asset Management agreed that an adjustment is in order. I... It just... And I know there have been a lot of problems, you know, during that period. But, I mean, why should we have to carry the burden? I don't understand that. Commissioner Plummer: Because you agreed to it, sir. That's the reason for it. Mayor Carollo: I understand what you're saying, but, you know, that still didn't relieve your firm of the responsibility of keeping up the payments. Commissioner Plummer: Mr. Mayor, I call the question. Mayor Carollo: Commissioner has called the question. Can you call the roll? Commissioner Plummer: We adopt staff's recommendation. Vice Mayor Regalado: Can we modify the staff recommendation in terms of the eight percent? I have no problem with the personal guarantee and the commitment that they have to make, and the lien or whatever we want to do, but I think it's unfair if they've been there 14 years, and we're talking about old contracts or new contracts, that they will be charged more than the rest of the restaurants in the area. Mayor Carollo: I don't really think the eight percent is that big of an issue, because I don't think that... And particularly now, with the competition they have next door, that they're going to be .going over five hundred thousand a year. And if they do, it won't be much over that. Commissioner Plummer: That's for sure. And they... Supposedly, according to staff, they agreed to the eight percent. Mayor Carollo: So I don't think it's really an issue. But you could certainly ask for a substitute motion. But, you know, we have to move on with the agenda. Either we make a decision on this or we don't. Commissioner Plummer has called the question. It has been seconded by Commissioner Gort. Mr. La Roche: Mr. Mayor, there was one other item on here, if I may. Commissioner Plummer: Mr. Mayor, I called the question. Mayor Carollo: He called the question. Commissioner Plummer: We're talking in realms. We're talking in circles. Mayor Carollo: The discussion is over. Call the roll. 44 April 10, 1997 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-290 A MOTION APPROVING ADMINISTRATION'S RECOMMENDATION IN CONNECTION WITH THE REVOCABLE PERMIT ISSUED TO BAYSIDE SEAFOOD RESTAURANT, INC., AS FOLLOWS: * $2,500 MONTHLY MINIMUM GUARANTEE; * EIGHT PERCENT (8%) OF GROSS RECEIPTS GREATER THAN $500,000 PER YEAR PRORATED PER MONTH * 1,000 ADDITIONAL MONTHLY PAYMENT TO REPAY $31,000 OWED THE CITY * CREDIT BAYSIDE SEAFOOD RESTAURANT AN ADDITIONAL AMOUNT OF $785 A MONTH FOR SERVICES SAID RESTAURANT HAS PROVIDED THE CITY; FURTHER REQUIRING A PERSONAL GUARANTEE FROM OWNER OF BAYSIDE SEAFOOD RESTAURANT. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: . Commissioner Humberto Hernandez ABSENT: None. Commissioner Plummer: Mr. Mayor, are we now taking up pocket items? I think we finished the agenda. Mr. La Roche: Mr. Mayor, may I... Excuse me. May I just... May I just ask for one... on this item, which I think was passed over; the garbage removal. We've agreed to staff's recommendation. Commissioner Plummer: That's what... we made a motion and it approved. Mayor Carollo: Yeah, they're going to give you a credit for that. Mr. La Roche: No, no, no. But they've asked us to bring in a private hauler, which is fine. We... All we're asking is, instead of bringing in a private hauler, we would prefer paying the City, because under the present circumstances, everything is working very well. But if we bring in a private hauler, you're going to have two containers. And I know the inevitable is going to happen. The marina are going to use our container, and we will use their container from time to time, and it's going to be a war. Commissioner Plummer: Sir, you do just like I did at my business. You have them put a padlock on it. You'll have no more problems. Mayor Carollo: Well, I think that's one that you can discuss with staff, and staff can work it out with you. 45 April 10, 1997 Mr. La Roche: And they have agreed. I just wanted to make sure that you are in agreement. Mayor Carollo: Well, that's something we don't need to get into up here. Mr. La Roche: All right. All right. Mayor Carollo: That's between staff and you, whatever staff thinks is best. Mr. La Roche: Thank you. Mayor Carollo: Thank you. Commissioner Plummer: Are we into pockets, Mr. Mayor? I think we're finished with the agenda until two o'clock. ---------------------------------------------------------------------------------------------------------------- 15. DISCUSS: PROPOSED FIVE YEAR FINANCIAL RECOVERY PLAN TO BE SUBMITTED TO STATE OVERSIGHT BOARD -- FIRE ASSESSMENT FEE -- OPTIONS TO COVER BUDGET DEFICIT. Mayor Carollo: Well, we have 14. Commissioner Plummer: Oh. Are we going to do 14? Mayor Carollo: Briefly. Commissioner Plummer: You said until Monday. Mayor Carollo: We're not going to vote upon it today. We're going to vote upon it Monday. But if the Manager would like to have any further discussion on 14, we could have it now or we could wait and bring it all to a head on Monday, while the Manager meets with each of us individually between now and Monday. Commissioner Plummer: Well, let me put my thoughts on top of the table, if I may. Mr. Manager, our budget is three hundred million dollars ($300,000,000). Correct? Mayor Carollo: No sir. Commissioner Plummer: OK. Are you the Manager? Mayor Carollo: I was just trying to help you out, Commissioner. Commissioner Plummer: Mr. Mayor, would you tell me how much our budget is, please. Mr. Edward Marquez (City Manager): It depends on how you look at it, but it's two... 46 April 10, 1997 1 Commissioner Plummer: Well, look at it and tell me how much it is. Mayor Carollo: I'd rather be the one to embarrass you than the Manager. Commissioner Plummer: How much is it? Mr. Marquez: Two seventy-five. Commissioner Plummer: Well, that's even better for my argument. OK? That means that we are in a shortfall or the needed shortfall is in the neighborhood of between ten and twelve million dollars ($12,000,000). Is that correct? Mr. Marquez: The shortfall... Commissioner Plummer: In other words, we're going to be deriving... Whether it's a fire fee or a garbage fee, we're going to be deriving somewhere, ten to twelve million dollars ($12,000, 000). Mr. Marquez: The shortfall is approximately sixteen point eight million dollars for 1998 and then... Commissioner Plummer: But you only hope to derive from the garbage fee or the fire fee ten or eleven million dollars ($11,000,000). Am I right? Mr. Marquez: More or less, sir. Commissioner Plummer: OK. -My thoughts are that between -now and•Monday,:I would like to see from you, predicated on that, that we have a six percent cut across the board. You know, nobody around here, in my estimation... You gave a 15 percent, and, you know, that's very severe, but I think six percent cut, further cut, would, in fact, meet the obligation that is necessary, if my numbers are... It might be seven, it might be six. OK? But, you know, really and truthfully, the perception of the people that I've talked to, or who have called me and screamed and hollered about the fire fee, said, you know, you ought to cut yours first before you start biting us. Tighten your belt. And what I... Mayor Carollo: Commissioner, what people forget, though, is... Commissioner Plummer: Well, Joe, look, I'm not arguing. All I'm saying is... Mayor Carollo: Yeah. We've been cutting, and cutting, and cutting this year. And there might be a few other areas that we might look where we might be able to cut some more. But we've almost reached the end of the line on where we could cut. And we certainly are not going to be able to cut some sixteen million dollars ($16,000,000). Commissioner Plummer: Well, all I'm asking is... Mayor Carollo: You know, I don't see where. Commissioner Plummer: Just very simply, all I'm asking is, is that whatever that shortfall amounts to, come back to me with that amount of percentage in cuts across the board, or however you would come about that percentage needed. And that's what I'd like to see, if it's possible, before Monday, or Monday morning, before we talk about this thing. You know, I've got to be honest with you, you know. We can raise the millage up, and that would be across the board, and that will raise four million dollars ($4,000,000) of your figure. 47 April 10, 1997 Mayor Carollo: Four and a half. Commissioner Plummer: Four and a half million dollars. Mr. Mayor, my main concern is that we, as a Commission, months ago, started talking about all of these fees, and fees, and fees. And primarily, you know, I'm not saying this derogatorily, please, so don't misunderstand what I'm saying. But basically, my colleagues up here are not in business, as I am in business, that is subjected to all of the fees that are killing us. Mayor Carollo: Well, that's the right word for your business, I guess. Commissioner Plummer: Well, no. Let me tell you, hey, the people that I take don't complain. It's the one that they leave behind. But what I'm saying to you is that we are getting killed in business in this community. And you know what even scares me more, Mr. Manager? This same company that so called put our fire fee together for us is now talking about doing it in Dade County, where my business is. So we're going to... Mayor Carollo: Now, I am glad the Commissioner brought that small point out. Commissioner Plummer: It's not a small point. Mayor Carollo: See, all the fees he's complaining about and everything, his business is in Dade County, not the City of Miami. Commissioner Plummer: Yes, sir, Mr. Mayor. Unfortunately, I got to tell you the truth. I did .-,.have, and established a business in the City of Miami in 1927. OK? And the reason why I had to sell that place of business is because I could not get police protection to keep that area clean. And I could not get people to go to a funeral home at night, because they were scared to death to go. And I took one hell of a loss in selling that funeral home. But that's why it was sold, and is not in the City of Miami anymore. Commissioner Gort: Well, it was a good cause. You sold it to... Commissioner Plummer: Yeah, I sold it to the church. Yeah, right. He wanted a donation. Mayor Carollo: Well, I'm glad that you clarified that, Commissioner. Commissioner Plummer: I didn't get a write-off. Mayor Carollo: All these years, I thought you sold it for the million or so dollars you got for it. Commissioner Plummer: Well, if you find that I did, please go find the remaining balance, because I don't mind telling you, six hundred and eighty thousand is what I got for property that previously had been worth two million. OK? I'll show you the check. Look, all I'm saying to you, Mr. Manager, the people of this community are fed up. I'm fed up. And if there is a way to avoid having to pay more fees, I think we should be looking at that first and foremost. Mayor Carollo: We are all in agreement with that, Commissioner. We're all in agreement with that. Commissioner Plummer: Well, then, I want the Manager to come back with his idea, not telling me, you know, panic... there's panic thinking around here. "We got to get rid of 100 policemen." That's a bunch of crap. You don't have to get rid of 100 policemen. You find other things in the department, such as an annual book, or other things that are in there that are not absolutely 48 April 10, 1997 necessary, absolutely necessary, and you cut them. And we have not done that. We have not done that. So all I'm saying, Mr. Manager, I would appreciate that you get back to me as quickly as possible. If it's a seven percent cut, I'd like to know what it is and how you would propose that that be done, and then I can modify it the way I think that it ought to be modified. Vice Mayor Regalado: If I may? If I may, Mr. Mayor? Mayor Carollo: Go ahead, Commissioner. Vice Mayor Regalado: I don't have a business, but my business is listening to people. So this is why... Commissioner Plummer: They don't charge you for it. Vice Mayor Regalado: ... I have asked this Administration, and this Mayor, and this Commission to let us look into the department. We don't want to go there and recommend firing people. But I'll tell you something. If you members of the Commission give me some time, of your busy time, I will make an appointment with at least the three or four employees of the City of Miami that every day visit the radio station where I work to tell me things that they think are wrong and can be fixed in their department. They don't come to complain about the fact that they have to work a lot, or that their salaries be cut. They are good people. And if you give me time, I'll bring it to you. They are afraid to come here to City Hall, but they go to the radio station, and I spend about an hour, about an hour and a half every day talking to them. This is why I am ask... keep asking the Manager to give us something to do, to look into the departments. There's ways. And if we save five hundred dollars ($500), at least we can go to the people of Miami and say, look, we tried. And we tried to save you five hundred dollars .-($500). So it means that 500-businesses will have to -pay one dollar ($1) less for the fire fee or whatever fee we decide. I don't understand why we cannot help look into this. I said we are not experts. I am not an economist. I am... I don't have a Ph.D. I didn't go to Harvard. But I'm telling you, I have a little common sense. And I can listen to the people. I can relate to the employees. If they see us there, not here, maybe they will tell us that there's something we can do about it. So I... You know, I understand that you are right, Mr. Mayor, in saying that even if we cut a book, well, there's not going to be the money that we need there. But at least the people of Miami will see that we are trying to bite our bullet and not bite their bullet. So I would really ask our Mayor and the Administration to let us look into the different departments, not with the will of coming back and saying, you have to fire 100 people in each department, but just to see if it's anything that we can do in terms of saving some money. It may be pennies. Well, but you know, at least the people of Miami will see that we're trying to do something, and not... You know, they think that the painful decision is for us to cut expenses in the government. And we think that the painful decision is for us to impose a new tax on the people of Miami. So there is something wrong here in the way that we think and in the way that the people think. Mayor Carollo: Well, Commissioner, let me at least make you feel a little better in one thing that you said when you mentioned Harvard. Don't feel bad that you didn't go to Harvard, because there are some that... Vice Mayor Regalado: As a matter of fact, I don't. Mayor Carollo: There are some that say that they know someone that went through Harvard, but Harvard didn't go through him. Commissioner Plummer: Yeah. You know, Mr. Mayor, you know, I want to put on top... Commissioner Gort: J.L... 49 April 10, 1997 Commissioner Plummer: If I may, Willy. Excuse me. You know what my great fear is? My great fear is that this fire fee being imposed is great for this year and maybe next, but in the third and final years, after that, people are going to be vacating downtown Miami. People are going to be leaving downtown Miami. They're not going to be able... not that they want or not want to pay these fees. They're not going to be able to, because you continuously see now more and more development away from downtown, which is attracting people, regardless of the fire fee. Mr. Codina is going to put up something out there bigger than Sawgrass Mills. All these outlying malls are going to be more convenient. People don't have to go downtown and pay six, eight and ten dollars ($10) for parking. They go to these malls and they're free. There's not a movie left in downtown Miami. And I'm just absolutely scared that if we continue to do as we're doing or we're anticipating doing, we're not going to have anybody left downtown, because it's going to die. And as far as I'm concerned, I think we've got to come about this in a different way than what we're trying to accomplish here today. I think we've got to prove our point, as Tomas has said, that we have got to convince, without any question, to the public of this City that we have done, and we have looked, and we have gone the extra mile in-house, before we go out and ask. And so with that, I quit, Mr. Mayor. Vice Mayor Regalado: Mr. Mayor, if I may, just... Willy... Mayor Carollo: Hold on, Commissioner. Let Commissioner Gort say his piece. Vice Mayor Regalado: Sure, go ahead. Commissioner Gort: I requested to speak about a half an hour ago, guys. Let's follow certain order. Commissioner Plummer: You're not quick enough. Commissioner Gort: I understand. I'm not quick enough. I got my doctorate degree at Tamiami University. That's "Calle Ocho." There are several things I'd like to bring up. What I have done when people have come to me and complained and... with suggestions about the departments and changes, I have passed that on to the directors and to the Manager so they could look at it, because a lot of times, people can think things can be done one way, and there might be reasons why it cannot be done that way. And that way, we can clear up a lot of the points. The other thing, I want to make sure that we make it clear, because I understand statements are going around that we balanced the budget in five months because there really was no deficit. I want the people to know that we balanced the budget because there was a lot of sacrifice from the unions, from the employees, and we reduced a hell of a lot of cost. And I think, like the Mayor was saying, we need to go out, send the employees and make them go to the stations, and let them know what they've done to try to reduce this budget. It has not been easy, and it's not easy. The other thing that I have done, I've gotten some of the private sector. They've got a committee. They're trying to solve and look at the different options that we have. There are certain taxes that are being implemented in downtown that we might be able to reduce, or we might be able to utilize them, or divert those, like you did with the Sports Authority. There's other agencies that might be able to do something very similar, to help the... so the burden would not be that much. And my suggestion to my colleagues is any suggestion that you have, bring it to the Manager. I've met with a couple of groups within the City Administration. They have come up with some very good suggestions. I've met with the unions, and I have passed that on to the Manager. And I think the Manager is going to look at all those options. And hopefully, Monday, when he comes back, he will come... Let's face it, it's going to hurt. But we've got to bite the bullet, and we've got to make it the best that we can and make sure it's all across. That's all I wanted to say, Mr. Mayor. But I want to make sure that people realize that a lot of sacrifice has been done, that maybe we could do more with suggestions that are coming up from the employees, themselves. That's fine. We should look at those options. 50 April 10, 1997 Commissioner Hernandez: Mr. Mayor. Mayor Carollo: Commissioner Hernandez. Commissioner Hernandez: On the fire assessment fee, I'm glad to see that there are continuous different options that are coming about from the Manager's office. I still have one concern that I want to discuss later on with you, Mr. Manager, and I want you to look into. I've been getting a lot of calls from Wynwood, Allapattah, and Little Havana where the bulk... and we've discussed it. There's going to be about 38,000 apartment units in those areas where the buildings are over four units, obviously, where we're really not going to be providing any type of credits like solid waste services. I want you to look into the units where we fluctuate from... after four. From five to eight, there seems to be a big or large amount of units or apartment buildings in those areas, which, obviously, are the poor areas of the City of Miami, which a lot of people are concerned. And the people that have really been calling me, obviously, are the tenants, which are very afraid, as we know, that the landlord will end up passing on this fee to the tenant. I'm just... I have this continuous concern of this part of the fee. And I understand, and I've said it on the record, that we can't continue to eliminate things, because we might as well not even do the fee to begin with. So I just want you to look into that a little bit further, because I want to talk to you from here to Monday on the issue of those apartment buildings that come in between the five and eight -unit buildings. I'm glad to see that you brought before this... there's three different options now. Mr. Marquez: The options that we just passed out, a lot of it was generated from discussions that Commissioner Gort and others had called and, you know, had talked to us and said, please check this out and see if you can develop an option out of that. It's just more stuff on the table. Commissioner Plummer: Are we ready for pockets? Mayor Carollo: Yes. Commissioner Plummer: I mean, "Miami Today" is here, and he wants to get his calculator and start counting. Mayor Carollo: Well, you've all had your say. I'll take one minute. We will be voting on the five-year plan on Monday. I don't want anyone to think for one minute that this Commission hasn't been going over, and going over, and going over, and going over every aspect of our budget in trying to see where we could cut. We've made cuts of over ten million dollars ($10,000,000), and more. The unions have, over the two year period, given up well over twenty million dollars ($20,000,000) in benefits. The Pension Board has given us some eleven plus million dollars over a two-year period. We have been looking everywhere that we can to cut, cut, cut, at the same time of bringing new revenues in ways that would not be hurtful to anyone, the residents or the business community. And somehow, we were able to bring enough dollars so that when we end this fiscal year at the end of September, we would have ended it with a balanced budget. But we still have recurring deficit for next fiscal year in the tune of some sixteen million dollars ($16,000,000). We need to work additionally between now and Monday to see where else we could bring in more monies from, where else we might be able to cut a little bit more. But whatever we do between now and Monday is not going to find a solution for what we're going to have to do. We're going to have to make a tough decision, a decision that I hope will be a temporary decision that will buy us the time to bring in the additional recurring revenue from other sources in the next year or two that I'm sure this City can bring. But until we have that in hand, we have no other choice but to make the tough decision that we're going to have to make on Monday. That's why there are a few out there that are trying to say that there is no deficit, because they know that we're behind the eight ball. We got no choice. If we love this 51 April 10, 1997 City, if we care about this City, we have to make the tough decisions. We can't go on trying to get money from where we shouldn't have to get it to keep this City alive, just to give us one more year. We have to come up with the real solutions that are going to give this City the strong financial foundation that is going to bring this City into the next century, without ever again having the problems that we have faced now. But there is no way of getting around it but having to go through a tough decision. You know, nobody wants to pay more, but unfortunately, we've come to the point that this Commission can't do anything more than it has. We're going to have to find additional revenues through another source. And as one vote of this Commission, I see no other way but to come with a fire fee of some sort as the most reasonable way of all the different options that we've had of balancing our budget for next year. We're still working on some aspects of it, and the Manager has just given us some additional options to consider. But this is coming to a head on Monday, and, you know, I agree with all the statements that have been made, but the bottom line is, there is no manna that's going to fall from heaven on Miami or anywhere else in the world. No one is going to come and give us any free money. On the contrary, you have all the vultures out there trying to see what they could take from us. The only way that we Miamians are going to be able to keep our City and make it a strong City is by working out our own problems. No one is going to give us anything. Commissioner Plummer: Mr. Mayor, would this Commission... I just asked the Administration, and these are not my numbers, but theirs. Would this Commission be in the area of compromise if we go to the full millage of what we would be allowed, would raise four and a half million dollars, but across the board, from the average person in this community, it would only cost them thirty-seven dollars and fifty cents ($37.50) a year, would this Commission... and by... What I'm trying to do is, in fact, is reduce the fire fee to all of these other people, if we could add things like this. So before I try to take that into consideration, would this Commission favor raising that at the cost of thirty-seven dollars and fifty cents ($37.50) per household, as a viable alternative, and continue to reduce the sixteen million dollar ($16,000,000) deficit? So, you know, we got to do it in public. So I'm asking if, in fact, my colleagues have that as a viable alternative, or say absolutely not, no way? Mayor Carollo: No, sir, I would not be in favor of that... Commissioner Plummer: OK. Mayor Carollo: ... because I don't think you're going to be really doing anything for the business community, because what you're taking from the fire fee, you're putting back into them through the additional millage. Commissioner Plummer: Thirty-seven fifty. Mayor Carollo: Well, no, no. Commissioner Plummer: Yes. Mayor Carollo: No. This is not on the business community. When you're looking... Commissioner Plummer: Thirty-seven fifty would be paid by the business community, as well. Mayor Carollo: When you're looking at a major office building, and you raise the millage, you know, there's no way that it's going to be thirty-seven fifty, J.L. Come on. Commissioner Plummer: Well, excuse me. Will the Finance Department tell me where you came up... As I said before, these are not my numbers. 52 April 10, 1997 Mayor Carollo: Well, that's probably some of Mano's old numbers that he left behind. But... Commissioner Plummer: No, no. This is the new man from across the pond. Mr. Marquez: I'll have Dipak come up, but I believe that this is the average figure on a per household basis. Mayor Carollo: Per household, yeah. Per household. Not in business. Commissioner Plummer: Including business is what I was told. Mr. Marquez: But the hit on business would be higher. Mayor Carollo: Well... Commissioner Plummer: That's why I asked. Mayor Carollo: That's why you're a funeral director. Vice Mayor Regalado: The problem is that many, many, many of the... not only the business, but the residential people, that own the house and that are paying the mortgage, J.L., they live on a fixed income. There are a lot of retired people that if we were to impose maybe forty ($40) more dollars a year, forty-five or whatever that causes, that would really make a dent in their budget. I would not be... publicly, I would not be in favor of that. Commissioner Plummer: OK., That's exactly what I... Mayor Carollo: It's true. Commissioner Plummer: That's all I was trying to accomplish, yes or no. Mayor Carollo: And there's a second vote that would not he in favor of that. But what we have to keep in mind, also, is that after the first year of whatever final decision we make on this fire fee, we certainly have the option, the opportunity to bring it back and make adjustments to it, or if we're lucky enough, in the first year, to be able to eliminate it completely. But we have to show that we have been able to bring in sufficient recurring revenues to take away any part of it. Commissioner Plummer: OK. Vice Mayor Regalado: Mr. Mayor... Commissioner Gort: I'm glad you made that statement, because part of what we discussed with the Manager is that we'd still be looking at the other options that we would be looking at to bring revenues in, and hopefully, we can bring them as soon as possible. The problem that we have is the time restraint. Vice Mayor Regalado: If I may, before the... Mr. Mayor, yesterday, I asked the Manager, and he said that he will think about it and respond. I spoke to Lieutenant Governor Buddy McKay, and I tried to make a case for the extension of the time. He said no, and no, and no. But he said that... he was not belligerent about it. I asked him, "What about if we would approve some kind of fire fee, and then ask you for an extension, having that approved, 45, 60 days, in order to bring... possibly bring, not really bring some other options in that time? And then, we can substitute the fire fee." He said that he would favor that. He doesn't know whether the board would approve it, but he will bring it to the hoard and will try to push for it. I don't know, Mr. Manager, if that is possible. 53 April 10, 1997 Mr. Marquez: Mr. Mayor, I've got... Commissioner Plummer: The problem is you can't withdraw it without their approval Mr. Marquez: Mr. Mayor, I took the request as the Commissioner just stated it, and I went to talk to the Chief of Staff of the Oversight Board to talk about the possibilities of it. The Chief of Staff's opinion is that the Oversight Board must receive a report by April 15th per its contract, and its got a 30-day period of time to say yes or no, they accept the plan or not. And then they give it back to the City if they reject it. And then we have 20 days per the contract to get back to them with a plan. So the... If you look through the Intergovernmental Cooperation Agreement, it really doesn't allow for a contingent plan, because underneath the Intergovernmental Agreement, whatever plan that we adopt as a City Commission must be... we must start immediately implementing. So what the... So the answer is no, that's not workable under the existing Inter -Cooperation Governmental Agreement. But the... You know, it takes two to tango. They may decide to change it. We may decide to change it with them. But that won't be decided until April the 21st, until they meet again. Now, the issue of "Is this plan set in stone?" No. The answer is this plan is never set in stone. It's a five-year plan that we develop, we give to the State Oversight Board. Once they've approved it, we're required to implement it. However, if we want to change it as a City... as a City, and because better ideas are coming onto the plate, we can then try to amend the plan. We need the State Oversight Board's permission at that point in time, but we can amend the plan. So the plan is definitely not in concrete. It is a living, breathing document. But because of the time lines that we have, the contingent type of approval process is not going to work, per the Chief of Staff. Commissioner Plummer: OK. Are we into pockets? Mayor Carollo: We are into pocket items now, unless the one item that we have here, which was 3 of the agenda, unless the lady is here. Commissioner Plummer: I thought we had deferred that, Mr. Mayor. Mayor Carollo: OK. That was deferred? OK. That's fine. So we're on pockets. ---------------------------------------------------------------------------------------------------------------- 16. APPROVE INSTALLATION OF ART IN PUBLIC PLACES SCULPTURE CONNECTING MAYFAIR PROJECTS. Commissioner Plummer: Mr. Mayor, the pocket that I have came to my office by way of Public Works, and it's for the Mayfair, for an art display in the overhead pedestrian walkway. "A resolution authorizing the installation of an Art in Public Places sculpture on top of the existing pedestrian overpass and walkway, over and across Florida Avenue, connecting the Mayfair III Project with Mayfair IV Project, subject to the execution of indemnification and hold harmless agreement, in a form acceptable to the City Attorney, in favor of the City by the owner of said pedestrian overpass and walkway." Mayor Carollo: OK. What they want on this resolution, as I understand it, is for our permission so they can put in a public right-of-way. Commissioner Plummer: Supposedly, the... Public Works had no objection, but felt that the Commission should be consulted, and they have no objection for the record. 54 April 10, 1997 Mayor Carollo: Who is paying for this? Mayfair? Mr. Jim Kay (Director, Public Works): It's Mayfair. It's an Art in Public Places... Commissioner Plummer: No. This is also from the cultural, what I got. Part of it was Mayfair, and Cultural Affairs Committee. Mr. Kay: That's correct. Mayor Carollo: Part that's the Cultural Committee. How much is Mayfair putting into it? Mr. Kay: I don't have the specifics on what they're putting into it money -wise. Commissioner Plummer: Well, I would assume Art in Public Places, one and a half percent of whatever their construction amounted to, that's what they're obligated for, for Art in Public Places. Mayor Carollo: One... Commissioner Plummer: One and a half percent. Mayor Carollo: One and a half they have to put into it. Commissioner Plummer: Yeah. Well, excuse me. It's no cost to the City. ' Mayor Carollo:- I understand that.- But the reason I'm asking that is that I'm trying to see how we could move some other dollars around that the City can get and... When can you find that information out, how much they're paying? Mr. Kay: I can have that this afternoon. Commissioner Plummer: Let me see if I have it here, Mr. Mayor. This is... It came to me from the Metro -Dade County Art in Public Places by Vivian Donald Rodriguez, the Americus Collection Private and Corporate Fine Arts, and Dora Valdes -Fawley is deeply involved. And you're asking how much. I have the resume of all the artists. Mr. Mayor, I don't have it. Mayor Carollo: Well, J.L., I would be in favor of this, but if I may ask if we could bring it up next meeting. Commissioner Plummer: On Monday? Mayor Carollo: Because... Yeah, Monday, that will be fine. Commissioner Plummer: OK, because I think there is a time frame on this thing. Mayor Carollo: And if you can find out for me between now and then how much of this is coming from the private sector, because we happen to have in another one of our agencies about seven hundred and fifty thousand dollars ($750,000) for this. So maybe we could do a tradeoff. They could donate to the City their portion, and we could pick up the rest of it, if it's possible. Commissioner Plummer: I don't think that's possible, but it's worth exploring. Mayor Carollo: We've got to find out how much they're putting into it. 55 April 10, 1997 Commissioner Plummer: Well... But by ordinance, they have to put art into the structure, because they did construction, at one and a half percent. So that has to be Art in Public Places. Mayor Carollo: Right. Commissioner Plummer: They have no choice. Mayor Carollo: But my question is, how much are they paying? They have to put it in, but how much are they paying? Commissioner Plummer: OK. Well, it's... Mayor Carollo: And we might be able to do a tradeoff. Commissioner Plummer: I don't think they can, but that's worth consideration. Mr. Mayor, may I do this? Because the City Attorney just told me that Monday is a special meeting. Mayor Carollo: That's correct. Commissioner Plummer: And not to include it in the call. Could we say that we approve this subject to no Commissioner objecting? If they were to object, it could come back as a regular agenda item at the next meeting. Is that agreeable? Mayor Carollo: It's subject to no Commissioner objecting in the next ten days. Commissioner Plummer: , Within 72 hours. Mayor Carollo: Ten day. Commissioner Plummer: That's fine. That's fine. Mayor Carollo: Thank you. Commissioner Plummer: I'll move it under those conditions. Mayor Carollo: All right. Mayor Carollo: There's a motion, there's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 56 April 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-291 A RESOLUTION AUTHORIZING THE INSTALLATION OF AN ART IN PUBLIC PLACES SCULPTURE ON TOP OF THE EXISTING PEDESTRIAN OVERPASS AND WALKWAY OVER AND ACROSS FLORIDA AVENUE CONNECTING THE MAYFAIR III PROJECT WITH THE MAYFAIR IV PROJECT IN COCONUT GROVE, MIAMI, FLORIDA, SUBJECT TO THE EXECUTION OF AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT IN FAVOR OF THE CITY BY THE OWNER OF SAID PEDESTRIAN OVERPASS AND WALKWAY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado - Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 17. COMMENTS REGARDING WEDNESDAY NIGHTS EVENTS AT BAYFRONT PARK. Commissioner Plummer: Mr. Mayor, I don't have any other pocket items, but I wish to express an opinion. Oh, first of all, let me tell you that all of you guys are missing a tremendous event in Bayfront Park every Wednesday night. We are putting on free activities. Last night, from Dade Junior College, we had a group of dancers down there. Dr. Ruth Greenfield. I beg all of you to, please come down on Wednesday night. At least show your support of your park. Next Wednesday night at six o'clock, we will have the full gospel singers from Miami -Dade Junior College. It's absolutely free. It was a beautiful night. Commissioner Gort: You should have sent us an invitation. Commissioner Plummer: There are no invitations, because we don't spend the money to put them out. We just... Mayor Carollo: Mr. Manager, were you told this before? 57 April 10, 1997 Mr. Edward Marquez (City Manager): No, sir. Mayor Carollo: Were any of you told about this before? Commissioner Gort: No. So how could we be... Commissioner Plummer: All right. So blame it on me. I got big shoulders. All right? ---------------------------------------------------------------------------------------------------------------- 18. DISCUSS / RATIFY CITY'S INTENT TO LEASE FEC-MARITIME PARK PROPERTY -- FURTHER GRANT NO MORE EXTENSIONS BEYOND MAY 1, 1997 -- FURTHER STIPULATE THAT MARITIME BOARD COMPOSITION REMAIN UNCHANGED. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, I'm not going to dwell into the sale of the FEC (Florida East Coast) property, but I'm going to express an opinion about other aspects that are bothering me to no end. I read again in this morning's paper that Metropolitan Dade County continuously having meetings to determine the use of property which we still own, of property in the Interlocal Agreement which we, you and I, were to be in there to protect the City's aspect. We have never been contacted. The Maritime Board has never been convened. And what bothered me very much this morning is they're holding, according to the paper, their final meeting on -June the 20th to wrap it up in its entirety as a final meeting. And this City, who is the owner presently... It doesn't mean we're not going to sell or we're not going to lease, but they're talking today about a wall blocking off the waterfront. And let me tell you, I can see Danny Paul putting in a lawsuit tomorrow. My point is, Mr. Mayor, you're negotiating either a lease or a sale. Mayor Carollo: No sir. Commissioner Plummer: Is that off now? Mayor Carollo: Let me make it clear what I am negotiating is a lease, Commissioner. Commissioner Plummer: OK. Fine. Whatever. Lease or sale, either one. Mayor Carollo: And a lease is going to keep this property, which is one of our key legacies, in the City's future, so that your grandchildren and mine can have it in the future. And a lease that's going to be fair to them, to us, but I am not going to have a shotgun put to my head and be told that, "These are the terms, you're going to sell it to us, and it's too bad if you don't like the price." Commissioner Plummer: Well, let me tell you right now... Mayor Carollo: And I'm willing to pay whatever consequences I have to, like I did in Watson Island, to keep this property in the City's future. Vice Mayor Regalado: Mr. Mayor, if I... Commissioner Plummer: Can I finish? Vice Mayor Regalado: Sure. 58 April 10, 1997 Commissioner Plummer: Please. Because I want to tell you, Mr. Mayor, if you accept a dollar less than a hundred and fifty million dollars ($150,000,000), the price you're going to pay is a free funeral at my funeral home, because I'm going to get you. My point is, Mr. Mayor, yes, it's for our grandchildren, but we're not having the opportunity, as was in the original Interlocal Agreement, to say what your and my grandchildren are going to see on that property. That was the reason for the interlocal, because this City said, "We want to have input." They have not even had the courtesy to invite us to these meetings, much less invite our input. They are going about doing what they want, in spite of an Interlocal Agreement that they refuse to sign. And what I'm saying is that as far as I'm concerned, I am not going to be cast into the light, when the answer comes down as no. "Well, if you don't do it, it's your fault." You know what's going on. "And if the arena doesn't open up and the Heat can't play there, it's the City's fault." Well, let me tell you something. As far as I'm concerned, that's why I'm going on the record again, and again, and again. They are procrastinating. They are dropping the stick and the ball. They're looking for a scapegoat called the City of Miami. And as far as I'm concerned, I want to send them a message, that as far as I'm concerned, I'm not voting for a lease, a sale, or anything without the Maritime Board, which was proposed, and this City has the right of say in what is going on that property. I merely put that on the record. That's one person's opinion. Vice Mayor Regalado: Mr. Mayor, if I may. Just so they have a clear picture of the will of this Commission, I would like to, if the other members of the Commission agree, to introduce a motion naming the Mayor of Miami as the chief negotiator for the Maritime Park, so he can speak as the voice of this Commission, if that will help you. Commissioner Plummer: He's been doing it. Vice Mayor Regalado: -1 know. I know that. But... Mayor Carollo: I've been doing it, Commissioner. I don't think this is the point that we're facing now. The point is that they basically want to buy the property at an even cheaper amount than leasing it. And, I'm sorry, I won't do that. Whether I have an election in November or not, I will not do that. There might have been former Mayors in the City that gave the Port of Miami away, that gave the airport away, that gave the water and sewers away. And maybe they couldn't take the pressure that was put upon them at the time. Commissioner Plummer: Well, I'll tell you... Mayor Carollo: But this one is willing to pay the consequences. I've paid it in the past, and I'm willing to pay it again. Commissioner Plummer: Let's find out whether we're going to fish or cut bait. I'll make a motion at this time that it is the policy of this City Commission that the Mayor, as our chief negotiator, is instructed that we will not take less than assessed value in a lease or in a sale. And let's see whether or not this Commission is going to back you, right now. Commissioner Hernandez: I second the motion. Commissioner Plummer: The assessment is a hundred and twenty-one million? Was that their assessment? Mayor Carollo: A hundred and twenty-one million one hundred and thirty four thousand two hundred and seventy-six dollars and twenty-three cents ($121,134,276.23). Commissioner Hernandez: I second the motion. 59 April 10, 1997 Commissioner Plummer: That's it. Now, let's fish or cut bait. Vice Mayor Regalado: OK. There is a motion. Mayor Carollo: There's a motion, there is a second. Discussion. Commissioner Gort: Call the question. Commissioner Plummer: Call the question. Mayor Carollo: What I would... And I'm trying to be as reasonable as I can. What... I would much rather appreciate if the motion would be changed to the following: One, that this City would only be interested in leasing it, which is the original verbal discussions that we had had under the proposed old lease, number one. Commissioner Plummer: I hear you. Mayor Carollo: Number two, that... Commissioner Plummer: Sit back a little bit. I can't see. Mayor Carollo: ... the City of Miami would not receive anything less under that lease than four and a half million dollars per year. Commissioner Plummer: Well, excuse me, now. I can't... I can't agree to that without knowing the rest of the numbers. How many years is the lease? Is it.... What is the lease? Mayor Carollo: For a 45-year lease, with... Commissioner Plummer: One 45 or two? Mayor Carollo: One 45. Commissioner Plummer: So that would be a hundred... Mayor Carollo: ... with - I'm not finished, Commissioner - with, after a grace period of the first ten years, we would then have a three percent CPI (Consumer Price Index) increase beginning in the eleventh year, and thereafter, for a total amount of three hundred and twenty-five million plus dollars at the end of the 45-year lease. Commissioner Plummer: Mr. Mayor, as the maker of the motion, I don't want to restrict you to those things. Mayor Carollo: OK. Commissioner Plummer: What I would like to do is to give you a free hand, and you do what you want, because all I'm saying is, is that it will be no less, no less - it could be much more - than the assessed value, which their assessor placed on the property. I would like to add a little proviso, if I can get the backing, and that is that this extension which we have just granted be the last extension. Mayor Carollo: The... 60 April 10, 1997 Commissioner Plummer: If you want to do that. I don't know. Mayor Carollo: Commissioner, the motion was lease or sale. I would like to have the motion say "lease." Frankly, every time that I've been talked to about selling is with the City of Miami financing the deal. The City of Miami is in no position to be financing a deal. You know, there are banks that can do that. There are bond companies that can do that. But if the motion could be limited to a lease instead of sale. Commissioner Plummer: Mr. Mayor, just for the record, I had no real locked in thoughts about a lease or a sale, because a sale, you could take it and pay it out over 15 years. It's the same thing. Mayor Carollo: No. In a sale, you lose... Commissioner Plummer: OK. Mayor Carollo: ... you lose the property at the end of the 15 years. Commissioner Plummer: Well, you maybe lose the property. All I'm saying to you is, I want to give you the latitude. But I'm really sending them a message that under no circumstances, will we accept less than what is the appraised value set by their appraiser. And number two, they've got... I think we extended it to - what? - May the 1st or May the 15th? I don't remember what it was. It was 30 days. Mayor Carollo: I believe so, Commissioner. Commissioner Plummer: OK? That they've got until that period of time to get off their duff and do something, because if they don't, then we're going to have to do something so we can lease it out to somebody else and get the money that we need to run this City. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Without question, the Maritime Board was, without question, two members of their Commission, two members of this Commission, and a fourth to be elected by the forum. That was agreed upon before. I will accept nothing less than that, because we have to have a say in what's going on that piece of property. It is our front door. So I offer... Commissioner Hernandez: Mr. Mayor, I second the motion. And for the record, my preference is, as well as all of you, to lease the property, since we know and it's been shown on past meetings that we will not be receiving what we think the property is worth, what the property actually is worth. For the record, I'd like to say that my preference is to lease the property, and I will second Commissioner Plummer's motion. Mayor Carollo: There's a motion. It's been seconded. For clarification, when we've said "assessed value," we're referring to the assessed value that would be brought up to the present day dollar value on the numbers. Commissioner Plummer: Correct, yeah. Mayor Carollo: OK. Commissioner Plummer: And Mr. Mayor, understand what I said, please, "no less than." Mayor Carollo: I understand, Commissioner. 61 April 10, 1997 Commissioner Plummer: And Mr. Luft, get your little magic pencil out and start redesigning something for that park. Mayor Carollo: And frankly, Commissioners, I cannot begin to tell you how many hours I have been putting in this. It's been many long hours. And frankly, I'm tired that there are people in the County Administration that think because we're down financially that they somehow can take advantage of us. That's not the American way. Commissioner Plummer. This will bring it to a head. Mayor Carollo: We might be down but we're not out. And we do not have to give that property to them under the terms that they want. We do not have to sell it to them at all for this City to survive. And this is why we have not included the Maritime property in any projections for our five-year plans, because we can make it as a City without the sale of that property to the County or anyone else. Commissioner Plummer: OK. Just for the record, let me restate my motion. My motion is that it is to be at no less than the assessed value, as indicated of the hundred and twenty-one million dollar ($121,000,000). Number two, there will be no other extensions granted on the 30 days that we just presently gave. And number three, that the Maritime Board, as originally proposed, is a must, absolute mandated provision, two of their Commissioners, two of our Commissioners, and the fifth to be elected by the four. So that's my motion. I hope that I have not mislead anybody. Mayor Carollo: You have not, Commissioner. Commissioner Hernandez: I second the motion. Commissioner -Plummer: Fish or cut bait. Mayor Carollo: There's a motion, there's a second. Call the roll. 62 April 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-292 A RESOLUTION OF THE CITY COMMISSION STATING THAT: (1) THE CITY OF MIAMI (THE "CITY") IS ONLY INTERESTED IN THE LEASING OF THE MARITIME PARK PROPERTY AND SHALL ACCEPT AT A MINIMUM THE ASSESSED VALUE OF SAID PROPERTY IN CONNECTION WITH SAID LEASING; (2) NO ADDITIONAL EXTENSIONS SHALL BE GRANTED TO METROPOLITAN DADE COUNTY (THE "COUNTY") TO AGREE TO THE TERMS OF A LEASE OF SAID PROPERTY BEYOND MAY 1, 1997; (3) THE CITY SHALL PURSUE THE LEASE OF SAID PROPERTY TO OTHER ENTITIES SHOULD THE COUNTY FAIL TO AGREE TO TERMS BY SAID DATE; (4) THE CITY INSISTS THAT THE MARITIME PARK BOARD MAINTAIN THE MEMBERSHIP COMPOSITION ORIGINALLY ESTABLISHED BY THE COUNTY WHICH CONSISTS OF TWO MEMBERS APPOINTED BY THE COUNTY, TWO MEMBERS APPOINTED BY THE CITY, AND A FIFTH MEMBER TO BE APPOINTED BY SAID FOUR MEMBERS SEATED ON SAID BOARD; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by -Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: Do I need a motion now to instruct the Administration to have Mr. Luft start designing something that's going to bring revenue to the City, since this might fail? Mayor Carollo: Commissioner, I would suggest that you meet with Mr. Luft and go over your ideas with what he has in mind, and there are a lot more that are waiting out there that we could bring in. Commissioner Plummer: Well, OK. So, I mean.... Mayor Carollo: And this is no bluff. There are a lot more ideas that are out there that we could bring into that property. We might not be able to do it in six months, in eight months, but we can certainly do it where the City could get good money in a lease for that property. Commissioner Plummer: Mr. Mayor, you had a good idea before, that, for whatever reason, got waylaid, and that is, there is nothing to stop us from going into the port business. 63 April 10, 1997 Mayor Carollo: There is not, sir, no. Commissioner Plummer: And we can develop our own port. And I know of money out there that would come in and put up the money to establish the port that's there, and we'll operate the port ourselves. Why give the County money? Mayor Carollo: And that's one option. Commissioner Plummer: I hope they're listening. Mr. Manager... ---------------------------------------------------------------------------------------------------------------- 19. CITY MANAGER TO COMMUNICATE TO STATE REPRESENTATIVES & SENATORS CITY'S INTENTION TO OPPOSE MIAMI RIVER AUTHORITY BILL -- SEE LABEL 30. -------------------------------------------- ------------------------------------------------------------------- Mayor Carollo: Any further pocket items? Commissioner Hernandez: I do. I have several pocket items, several issues. Mayor Carollo: Go ahead. Commissioner Hernandez: Number one is not a pocket item. I'd like to ask the Commission to back me up in instructing the City Manager to discuss and get together with several representatives that are pushi-ng a bill- up in Tallahassee reference to the Miami River Authority. I think I've had several calls from those representatives that there's been a lack of communication between the City and what they're doing up there. Whether we favor the Authority or not is not the question. It's just that I'd like to instruct the Manager or his staff to get together with representatives and the Senator that's involved in this bill. Commissioner Plummer: Absolutely. Mayor Carollo: Yeah. That's fine. Commissioner Plummer: I received the same phone call. Mayor Carollo: I think that's appropriate. Commissioner Hernandez: I make the motion. Mayor Carollo: And particularly, as I believe the five hundred plus thousand dollars was reinstated into the parks program. Commissioner Gort: Mr. Mayor, I'll second the motion... Commissioner Plummer: It's back in. Commissioner Gort: I second the motion, but I'd like to make it clear. I have a letter here from the Miami River Coordinating Committee, which is composed of members of the City of Miami, the County and the State. They're going to come in front of us at two o'clock to clarify some of the points. They will stress their opposition to this bill to the representatives and the Senator, and they thought it was a good idea to do other things that could come out of it. In other words, 64 April 10, 1997 they weren't opposed to the Authority, but there are other things that they recommended could be done. And I think it just was... The group that was in front of us represented to us... and I let them know that they were representing everyone, and that was not my understanding. Commissioner Hernandez: Well, they took the brunt of the brain. They're going to be coming before us this afternoon. Mayor Carollo: OK. Just remember, this afternoon, we have to be at Bayside by... what time? Commissioner Gort: Four o'clock. Mayor Carollo: ... four p.m. Commissioner Plummer: Oh, I was told three. Mayor Carollo: So we don't have that much time this afternoon. Commissioner Plummer: Well, the only thing we've got this afternoon is one zoning item. Right? Unidentified Speaker: Two. Commissioner Plummer: Two. And it's a second reading of something. Mayor Carollo: Two, but if the discussion on that gets prolonged... All right. Mr. Edward Marquez (City Manager):: Mr. Mayor? Commissioner Plummer: Well, can I offer you a suggestion, what we've done in the past? Mr. Mayor? Mayor Carollo: Yes. Commissioner Plummer: That we go ahead and work on the two zoning items, even though they're scheduled for two, we approve them, and if nobody shows up at two and objects, they're approved. And if someone objects, we come back and take care of them. We've done that before, Mr. Attorney. Mayor Carollo: Mr. City Attorney? Commissioner Plummer: You don't like the idea? A. Quinn Jones, III, Esq. (City Attorney): No, I don't. Commissioner Hernandez: Mr. Mayor... Commissioner Plummer: You know, one of these days, you're going to learn. Don't tell me how I can't do it. Tell me how I can. Mr. Jones: I'm trying to protect you. Commissioner Hernandez: We have a motion and a second. Mr. Marquez: Mr. Mayor, may I ask a point of... 65 April 10, 1997 Mayor Carollo: There's a motion and there's a second on Commissioner Hernandez' resolution. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes. No "nays." The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-293 A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH STATE SENATOR AL GUTMAN AND REPRESENTATIVE BRUNO A. BARREIRO WHO ARE SPONSORING A PROPOSED MIAMI RIVER AUTHORITY BILL IN THE STATE LEGISLATURE IN ORDER THAT THERE BE BETTER COMMUNICATION AND UNDERSTANDING IN CONNECTION WITH SAME. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: NAYS: ABSENT: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo None. None. Vice Mayor Regalado: Before... I just voted for it, but I want to say that Senator Gutman, who is the Senator that introduced that bill, told me that he had modified the bill. He was going to be here to explain his new bill, but he has to travel to Nicaragua this afternoon, so he won't be able to make it. But he said that he would modify the bill, and that he understood the position of the City Commission. And also, Representative Barreiro said that the funds for the parks are already back in the budget. Commissioner Plummer: It's in this morning's paper. Vice Mayor Regalado: Yes. 20. AMEND RESOLUTION 97-28 -- INSERT METRO MIX, INC, OR JOSE DIAZ, AS PURCHASER FOR PROPERTY (211 N.W. 1 PLACE) -- FURTHER REFLECT DEVELOPMENT IS TO TAKE PLACE WITHIN 12 MONTHS. Commissioner Hernandez: Mr. Mayor, I have several issues. One pocket item is, back in January, the City Commission approved and voted on granting a reduction to a demolition lien, reference to a redevelopment project. If you remember the concrete company, Metro Mix and a gentleman by the name of Jose Diaz, who is going to be purchasing this property and developing 66 April 10, 1997 it, and bringing a brand new business to this underdeveloped area. In the resolution that was passed, and I have it attached to my pocket item. It was left very open-ended as to who was going to get the reduction. It was just a proposed purchaser. He is being... There's a gentleman out there that is purchasing liens now, based on these reductions that we've given. Basically, he's going to be holding a gun to this gentleman's head. This deal and this whole reduction that was given, was given purposely to this gentleman that was bringing this business to this area. What I would like to do, and I don't know the administrative procedure, is... The resolution is here, and the wording says, "to a bona fide prospective purchaser." Well, that bona fide prospective purchaser, in our eyes - and that's why we voted the way we did - is Mr. Diaz. We'd like to put that in the actual resolution in the name of his company, Micro Mix - excuse me - Metro Mix, Inc. and/or Jose Diaz, to clarify that issue. Mayor Carollo: Can... A. Quinn Jones, III, Esq. (City Attorney): So you want to amend the resolution. Commissioner Hernandez: Yes. Commissioner Plummer: And I have no problem if you insert that this must... which he has promised to develop must be developed within 12 months. Commissioner Hernandez: We did that. Mayor Carollo: We had that included before. Commissioner Hernandez: Yes, we did. Mayor Carollo: OK. Is that OK? Commissioner Gort: Second. Mr. Jones: That's fine. Commissioner Gort: Second. Mayor Carollo: There's a motion and there's a second. All in favor, say "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." 67 April 10, 1997 The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-294 A RESOLUTION AMENDING RESOLUTION NO. 97-28, WHEREBY THE CITY MANAGER WAS AUTHORIZED TO APPROVE A REDUCTION IN A DEMOLITION LIEN HELD BY THE CITY OF MIAMI, FOR THE PROPERTY LOCATED AT 2111 NORTHWEST 1ST PLACE, MIAMI, FLORIDA, THEREBY SPECIFYING THAT SAID REDUCTION IS INTENDED EXCLUSIVELY FOR JUAN DIAZ AS PRESIDENT OF METRO MIX AND CONTINGENT UPON DEVELOPMENT OF THE PROPERTY WITHIN TWELVE MONTHS SUBSEQUENT TO THE ADOPTION OF THIS RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 21. DISCUSS / REQUEST WRITTEN REPORT BY MAY 8, 1997 COMMISSION MEETING WITH STAFF RECOMMENDATIONS ON KNIGHT MANOR / NORTHWESTERN ESTATES HOMES HOUSING PROJECT. Commissioner Hernandez: Mr. Mayor, I have a second pocket item, and I would request... and I know that the... I think the unwritten rule is that we have only two pocket items per Commissioner. Mayor Carollo: Is it two or three? Commissioner Hernandez: I have three. I have three today. Commissioner Plummer: Watch out. "Miami Today" is here with his calculator. Commissioner Hernandez: I have three today, and I'll try to keep it to two, as always. The second one, I'd like for a short stint, the developer of Knight Manor, Northwestern Estate Homes, to come up here. It's an issue on fees that are outstanding fees that we agreed... I was not here back then, but an agreement was entered into with the developer reference payment of professional fees from the month of February of '96 through February of '97. Fees have been cut as of August of this past year. We are due and owing at this point in time developer fees and 68 April 10, 1997 architecture tees. The question that I put up and posed before the Manager is, why have we stopped paying these fees? And I need... This gentleman has obviously relied on this agreement that was entered into. We agreed to put forward the funding for this project, and all of a sudden, the fees are cut, unbeknownst to this Commission, and I would like some answers to this gentleman, who is out there developing this project. Mr. Elbert Waters (Director, Community Development): If I may, Commissioner. Commissioner Hernandez: Yes. Mr. Waters: This project, Knight Manor, the issue that the gentleman, Mr. Murphy, has raised has to do with fees that are associated with this project. The attachment that you have in your pocket item is a preliminary budget that we work with, not the established budget. The Commission approved four point seven million dollars of a fifteen million dollar ($15,000,000) housing development project in the Model City area, at which time, the City of Miami has been paying all of the items that's associated with that. What is of contention here this morning has to do with developer fees. And what we have said to the body, or to the developers is that there are certain items that the City of Miami has to be assured upon. Example. There is a requirement under the Relocation Act of the Housing Program, which requires the sponsor and also the City to make certain that individuals who are being impacted by that project be relocated into appropriate housing. The budget which you have before you stipulates approximately a hundred and eighty thousand dollars ($180,000), which we have said to the developers that those dollar amounts are way under what is required to provide that relocation assistance. Relocation assistance requires the City, given the fact that we are the grantee, to be responsible for the approximately 95 families that have been impacted by that. And our commitment would be up to five years. So in the budget that you have before you, there is an undercount of well over a million dollars ($1;000,000) associated with that project. Staff has been paying the appropriate fees associated with this project to further it along. We assisted in purchasing the property for seven hundred thousand dollars ($700,000). That triggered the various different home programs to come about. We have paid architectural fees associated with it. We had... Staff has been working with the Manager's office to come back with the established budget, because the budget that we have before you today is not the budget of which the project is generated from. The project... It's a fifteen million dollar ($15,000,000) project. The City of Miami's contribution in that project is roughly 30 percent. And what staff has so indicated to the developer on numerous occasions is that our participation should be attributable to our involvement. We also have asked that other financing be associated with this project, which has not been forthcoming. The City of Miami's four point seven million dollars is the only amount, except for a small amount that the developers have received from the surtax program. Also, I might add that Mr. Murphy, who is a joint venture partner... The agreement is with the CHDO (Community Housing Development Organization) group, which is the Urban League of Greater Miami. And, of course, we negotiate and establish all of the fees associated with that with the partner, that is, the Urban League of Greater Miami. So what is being presented today is not an accurate indication. We have been paying fees. I don't have all the numbers right off the top of my head. Commissioner Hernandez: I didn't say that. My question is, he's relied on certain amount of monies that we... and I was not here when they voted and approved this. And I assume it's, Mr. Murphy, two and a half or two million something, half of... Mr. Bill Murphy: Two million three seventy-five... Commissioner Hernandez: Correct. Mr. Murphy:... was the first place of the project. 69 April 10, 1997 Commissioner Hernandez: For the first phase. Mr. Murphy: Correct. Mr. Waters: Commissioner, if I may ask. Staff has been working with the developer team. We are in the process of also meeting with the City Manager to fully brief him on this project. There is an established budget associated with this that is contrary to what is before us today. I would ask that staff have the appropriate time to brief the Manager, and also come back to the Commission with a recommendation. Mr. Murphy: We... Do you mind if I speak? May I speak, sir. Mayor Carollo: Go ahead. Mr. Murphy: The resolution that was... authorized the funding of this specifically included the joint venture partner, which is LHL Housing, and the Urban League. So the grant is to both entities, not just exclusively to the Urban League. And we have been working with the City since last... probably two years now, to get this project off the ground. And since last August, we've had nothing but a stall job, basically, from the City staff, to the point where the only thing they are funding is the relocation benefits for the people that were relocated out of there. All of those people have been basically relocated into decent, safe and sanitary housing, and are getting their quarterly payments. We have put in countless hours, have not been reimbursed. The architect has essentially finished the project. They are not reimbursing him for the development of this project. We cannot proceed with it unless we get our money. Mayor Carollo: Have... Mr. Murphy: We've tried several times to meet with the City, and basically, when we get to a point where the City is about to say yes, they've got to go away and clock, and then they come up with three or four more excuses as to why they cannot fund. Mayor Carollo: Have you been able to secure any other financing for this project, other than the City of Miami? Mr. Murphy: We are... yes. We're... have been... Mayor Carollo: Who, and how much? Mr. Murphy: ... preliminarily approved for approximately eight million dollars ($8,000,000) from the Bank Atlantic and NationsBank is reviewing the project, as well. Mayor Carollo: But you have not gotten final approval papers. Mr. Murphy: A final commitment has not been issued, that is correct. But we've... Commissioner Hernandez: Mr. Mayor, I'd ask that Mr. Waters' request be granted. I'd like some kind of time certain so we don't continue to stall this project, but we move on, or we finally do something about this. Mayor Carollo: Yeah. Mr. Edward Marquez (City Manager): Mr. Mayor, may I? I'd like to put this in writing from us to the City Commission, but for... time certain, meaning the next regular City Commission meeting. 70 April 10, 1997 Commissioner Hernandez: Which is when? Mr. Marquez: May 8th. I Commissioner Plummer: May the 8th. Mayor Carollo: I'm going to state on the record that my concern - this is why I want the Administration to go over this very carefully - is if we give the full four point five up front, they could walk away from this at any point. Commissioner Hernandez: Right. Mayor Carollo: And, you know, we've lost the money. So, you know, let's be very, very careful how we go about this. Commissioner Plummer: Absolutely. Commissioner Hernandez: So you will be bringing back information the next Commission meeting, which is May the 8th. Mr. Marquez: In writing. Mr. Waters: Yes. Commissioner Gort: -Right. Commissioner Gort: Now, I have a question. Mayor Carollo: Yes. Commissioner Gort: This budget you have here, you have a line item budget. You have the total, and you have the City of Miami portions. And you said this is not the budget that we should follow. Mr. Waters: No, sir. Commissioner Gort: OK. Mr. Waters: This... the action that... Commissioner Gort: That budget was changed, the one we were accepting when we passed the resolution. Mr. Waters: What... yes. No, no, I'm sorry. Mr. Murphy: We're on our fifth version of the budget, to be quite honest with you. Commissioner Gort: Excuse me, sir. I'm asking. Mr. Waters: Let me... If I may, please. The budget that you have before you is a preliminary budget associated with the project. We obtained a third party opinion as to how we should proceed with this ongoing negotiation. I submitted to the CHDO partner, the Urban League of Greater Miami, the final budget associated with this project. I don't know whether or not Mr. 71 April 10, 1997 Murphy has obtained a copy of that, but staff has submitted that to our CHDO, who is the entity which the City has contracted with. Mr. Murphy: The budget that you submitted to the partner is not the budget that your consultant approved. You hired a consultant to review our budget. He agreed with... basically, with our budget except for five thousand dollars ($5,000), and that is not the budget you have submitted to the CHDO... I mean to the Urban League, I should say. Mr. Marquez: Mr. Murphy, this is why 1 really want to... with a time certain. And we'll sit down, and we'll put it in writing. As soon as it's finalized in writing, you will get a copy, probably at the same time as we distribute it over to the City Commissioners. Commissioner Hernandez: Mr. Manager, also, I'd like in this... before May 8th that staff can sit down with Mr. Murphy and see if we can reach an accord to this. Mr. Marquez: We've met with... What I would like to do is first, get the full story as staff sees it down in writing. Then I would like to meet with Mr. Murphy, figure out his differences of opinions from what staff may write up, put a joint viewpoint thing together, and present that to the City Commission, because this thing has been going on for a while, and we've got to get to the bottom of it. Commissioner Hernandez: Thank you. Mr. Murphy: Thank you. 22. APPROVE TEMPORARY CLOSURE OF N.E.19 STREET REQUEST FROM TEMPLE ISRAEL'(137 N.E. 19 STREET). Commissioner Hernandez: The third and final pocket item is in reference to Temple Israel. Vice Mayor Regalado: That's four. Commissioner Hernandez: Three. Vice Mayor Regalado: Four. Commissioner Hernandez: No. One was instructions only. Vice Mayor Regalado: Oh, OK. Commissioner Hernandez: There is a representative here. I was approached by Mr. Stanley G. Tate, reference to certain issues that have come up in the area of the Northeast 19th Street, where the temple has been for many, many years. What the congregation is asking of this City... and there is an attachment, a little map, but I don't know if you've seen it. Pass it on to J.L. if he hasn't seen it. During specific hours and days, and when they entertain Sabbath, which is on basically Friday nights and Saturdays, they would like to be given the opportunity to close 19th Street for safety reasons, on a temporary basis, only during the hours that they are in the congregation. This is, I believe, on Friday nights and Saturday. Correct? Ms. Caroline Weiss: Yes. Good morning, Mr. Mayor and Commissioners. My name is Caroline Weiss. I'm privileged to be here to represent Mr. Stanley Tate, who could not be here 72 April 10, 1997 today, because he had to be with the Florida Prepaid College Program, which has been established for April the 10th. Further, I am honored to be here on behalf of Temple Israel. I was married there 34 years ago. As we are all aware about Biscayne Boulevard and the general neighborhood, that it has become blighted, and Temple Israel has been there for 70 years, come this May. All of the members in the congregation, none of them live in the zip code of 33132. And over the years, since 1927, five years after they have opened, they have contemplated to be... to remove the temple from there. But because they believe in working together with the community, and keeping where they originally started their roots, and they're intending their celebration on May the 1st, 1997 for their 70th year anniversary in that area, they have requested, so as to give the security to the members, that when they are there for the high holy days and the Sabbath, that they have the right and privilege to hire off -duty policemen, as they have been doing, for those particular set forth hours; and further, to include weddings and funerals. I would like to introduce James Weinkle, executive director of Temple Israel, who will go in a little bit more in depth about this. And then, I will introduce Robert Chisolm, who in 1992 was the Florida FIA (Florida - Israel Association) president, who is knowledgeable about this. Mayor Carollo: Caroline, let's see if we could cut right to it. Commissioner Hernandez: Yeah. Mayor Carollo: I don't mean to cut anybody off, but... Commissioner Plummer: Public Works says they have no problem. Mayor Carollo: Public Works has no problem. Do we have to have any public hearings in order to do this? Commissioner Hernandez: It's temporary basis. Commissioner Plummer: It's a temporary basis. Mayor Carollo: Temporary basis. In other words, they could always come back to the Commission if there's a problem. Commissioner Plummer: Absolutely. Mayor Carollo: I see no problem, if you would like to make a motion. Commissioner Hernandez: I make a motion that they be given the ability and the authority to close off 19th Street during the Friday evenings and Saturday mornings. Ms. Weiss: And the high... Commissioner Hernandez: And the holy days. Mayor Carollo: Yeah. Well, let me read it in the record, so there is no mistaking. Once a year for Rosh Hashanah from five p.m. to ten -thirty p.m. and nine a.m. to two p.m. on Rosh Hashanah morning, and Yom Kippur five p.m. to ten -thirty p.m. on the evening and Yom Kippur, nine a.m. to ten -thirty p.m. And then weekly, Friday evenings, six p.m. to nine -thirty p.m.. Saturday mornings, ten -thirty a.m. to twelve -thirty p.m., and Sunday mornings, nine a.m. to two p.m. Commissioner Hernandez: I would add that to the motion, to specify. 73 April 10, 1997 Ms. Weiss: And the only thing that they cannot schedule, Mr. Mayor, is weddings or funerals. And one of the reasons that they... Each time they have hired policemen, the policemen are between and betwixt, should they be hired or should they not be hired. Commissioner Plummer: Policemen have that right anyhow. Commissioner Hernandez: Yeah. Mayor Carollo: Well, you lost one vote now, because Commissioner Plummer might not be able to vote. You mentioned funerals. Commissioner Hernandez: I make the motion. Commissioner Gort: Second. Mayor Carollo: There's a motion, there's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Ms. Weiss: Thank you. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-295 A MOTION A MOTION GRANTING REQUEST RECEIVED FROM REPRESENTATIVES OF TEMPLE ISRAEL ON 137 N.E. 19 'STREET TO TEMPORARILY CLOSE N.E. 19 STREET ON THE FOLLOWING DAYS AND TIMES: *ANNUALLY ON "ROSH HASHANAH" (9 A.M. - 2 P.M. AND 5 P.M. - 10:30 P.M.); *ANNUALLY ON "YOM KIPPUR" (9 A.M. - 10:30 A.M. AND 5 P.M. - 10:30 P.M.); *WEEKLY ON FRIDAY EVENINGS (6 P.M. - 9:30 P.M.); *WEEKLY ON SATURDAY MORNINGS (9:30 A.M. - 12:30 P.M.): *WEEKLY ON SUNDAY MORNINGS (9 A.M. - 2 P.M.); *ON SPECIAL EVENT DAYS SUCH AS PASSOVER, LARGE FUNDERALS, LARGE WEDDINGS, ETC. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 74 April 10, 1997 ---------------------------------------------------------------------------------------------------------------- 23. RECOMMEND TO OFF STREET PARKING AUTHORITY TO LOWER DOWNTOWN PARKING COST ON SATURDAYS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: Mr. Mayor, I have a pocket item here, very quick. I was called to give some advice to some of the merchants of downtown, and to a good friend, Rick Noble, who is an advertising agent. And the merchants of downtown are going to spend in the next five months about two hundred and fifty thousand dollars ($250,000) in a marketing campaign to bring people to downtown. I will have for you copies of the marketing plan and the advertising plan. The purpose is to bring people to buy in downtown, Miami, which we all know has a lot of problems. They will have a massive campaign on the radio, print press, also on bus benches, trying to advertise month by month the different activities that they will have in downtown Miami. I told them that I thought that parking was one of the important elements in downtown Miami, and this is why I am requesting for the Commission to ask the Off -Street Parking Authority for Saturday specials on parking in downtown Miami. Mr. Cooke said that it's OK with him. He mentioned lowering the cost of the garage to two dollars ($2). 1 think that if we can recommend Mr. Cooke to go lower, a lot of people will come to downtown, because the situation that many people have, their complaints are the parking, the parking problem. Commissioner Gort: Commissioner, for your information, this is something we've been working on for a long time. And I'm certain that the merchants from downtown can come to me as representative of the special fund. Merchants from downtown have a special deal with the Off - Street Parking where they can provide free parking for three hours in all of the garages. I don't know if you're aware of that. They can provide three hours of free parking in all the garages. But that has to he part of their advertising. The other thing that they can do that we've done in the past, and I've told them, they can work out a deal with the Off -Street Parking where they can park on the streets, not being ticketed, not being... paying, but they would have to also do some exchange with the Off -Street Parking. That has already been done before. I'm surprised they have not activated that. Vice Mayor Regalado: No, no, but this is another thing. This is Saturdays, only on Saturdays in the City's garage instead of... If you're going to park three or four hours, instead of paying three dollars and twenty cents ($3.20), you pay a flat fee of ninety-nine cents. Mayor Carollo: Well, all that we can do is recommend it to the Off -Street Parking Authority. We can't take any action on that. Vice Mayor Regalado: No, of course. That's what I asked. That's... Mayor Carollo: All right. Make a motion that you're recommending this to the Off -Street Parking Authority. Commissioner Plummer: Second. Mayor Carollo: And if they have any objections, if they could let us know. Vice Mayor Regalado: All right. Mayor Carollo: There's a motion and there's a second. All in favor, signify by saying "aye." 75 April 10, 1997 The Commission (Collectively): Aye. The following motion was introduced by Vice Mayor Regalado, who moved its adoption: MOTION NO. 97-296 A MOTION RECOMMENDING TO THE DEPARTMENT OF OFF-STREET PARKING TO OFFER "SATURDAY SPECIALS," LOWERING THE COST OF DOWNTOWN GARAGE PARKING IN ORDER TO STIMULATE BUSINESS IN THE DOWNTOWN AREA; FURTHER REQUESTING OF OFF-STREET PARKING BOARD IF THERE ARE ANY OBJECTIONS OF SAME, TO INFORM THE COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo.--- OK. This meeting is adjourned. ---------------------------------------------------------------------------------------------------------------- 24. DISCUSS BRIEFLY / REQUEST REPORT ON PENDING ILLEGAL ZONING VIOLATIONS. Commissioner Plummer: Mr. Mayor, may I bring up one item, please? This is an ongoing scenario of supposedly illegal zoning. I have here almost a year and a half of a person who has been trying to get the City to go and make corrections. I have here from NET (Neighborhood Enhancement Teams) and others that there were violations there. They say they've been corrected. Yet, the lady calls and tells me they still have two electric meters, they still have a sink, they still have all of that. And I'm asking the Manager. I'm turning it over to you, sir. Mayor Carollo: Mr. Manager... Commissioner Plummer: I'm tired of all of this. Mayor Carollo: ... you have your acting Zoning Director... Commissioner Plummer: Well, their names are on all of these documents, that they're going to be monitoring and they're going to be correcting, but I don't know who's not correcting, because the two meters were there as of March 31st. Now, somebody is not telling somebody exactly what's happening. And I want, Mr. Manager, a report from you that either it is legal or it is illegal. And if they're entitled to have two electric meters in a single-family residence, then I think we need to know about that. 76 April 10, 1997 Mr. Marquez: Commissioner Plummer, do you want the report on the May 8 regular agenda, or do you want it before? Commissioner Plummer: Sir, you got a lot of things to do. All right? I would only ask as soon as possible, realizing all of the things you have to do. ---------------------------------------------------------------------------------------------------------------- 25. SCHEDULE FOR MEETING OF MAY 8, 1997 DISCUSSION REGARDING TOWING COMPANIES' PRACTICES. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I only have one other matter, and I see and am reminded by this. When are we going to bring up the towing matter? Commissioner Hernandez: Next meeting. Mayor Carollo: Well, Commissioner Plummer, we can handle that at the next meeting. We could put it as a regularly scheduled item. Commissioner Plummer: Well, but people are out there asking me when are you going to handle it, and I'd like to know when. Mayor Carollo:- We -could put that as a regularly scheduled Commission item. Commissioner Plummer: On May the 8th? Mayor Carollo: That will be fine. Commissioner Plummer: Mr. Manager, so that others of them that asked of me, the towing matter will be brought up on May the 8th. Please so... Commissioner Gort: For your information, the City of Miami is pretty good. The other day, my daughter's car was stalled on the expressway. We're members of Triple A. We went and called the Triple A. We were told by the Highway Patrol, no way. For five, ten blocks, we had to pay a hundred and nineteen dollars ($119). Mayor Carollo: We're adjourned until two -thirty. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11:34 AND RECONVENED AT 2:40 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING MAYOR CAROLLO AND COMMISSIONER HERNANDEZ, FOUND TO BE PRESENT. 77 April 10, 1997 ---------------------------------------------------------------------------------------------------------------- 26. SECOND READING ORDINANCE: AMEND CITY FUTURE LAND USE MAP, ORDINANCE 10544 -- CHANGE LAND DESIGNATION FROM SINGLE FAMILY & OFFICE TO RESTRICTED COMMERCIAL -- LOCATION: 4100 SW 2 STREET/215 SW LEJEUNE RD/4091 SW 2 TERRACE -- APPLICANT: M. STAVROUS / N. ROSEN / M. CAKMEN/C / ROSEN. ----------------------------- ---------------------------------------------------------------------------------- (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Subject to the approval, I move PZ-1, second reading. Read the Ordinance. Vice Mayor Regalado: OK. There's a motion by Commissioner Plummer, second by Commissioner Gort. Commissioner Plummer: Read the ordinance. Vice Mayor Regalado: Read the ordinance, please. Commissioner Plummer: Let the record reflect that no one came forth to speak for or against the item. Vice Mayor Regalado: Mr. City Clerk. Mr. Santiago Echemenia: For the item? I'm sorry. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF PROPERTIES LOCATED AT APPROXIMATELY 215 LE JEUNE ROAD, 4091 SOUTHWEST 2ND TERRACE AND 4100 SOUTHWEST 2ND STREET, FROM OFFICE AND SINGLE-FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 78 April 10, 1997 passed on its first reading, by title, at the meeting of June 27, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner Humberto Hernandez Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11481. 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. ---------------------------------------------------------------------------------------------------------------- 27. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000, ARTICEL 4, SECTION 401 -- FROM R-1 SINGLE FAMILY RESIDENTIAL, O OFFICE Vic. SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT (FAR .5) TO C-1 RESTRICTED COMMERCIAL -- LOCATION: 4100S.W. 2 STREET / 215 S.W. LEJEUNE ROAD / 4091 S.W. 2 TERRACE -- APPLICANT: M. STAVROUS / N. ROSE / M/CAKMEN / C. ROSEN. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Likewise with PZ-2. Commissioner Gort: Move it. Commissioner Plummer: Second. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Subject to the covenant. Vice Mayor Regalado: OK. There is a motion by Commissioner Gort, and a second by Commissioner Plummer. Would anyone... Commissioner Plummer: Read the ordinance. Vice Mayor Regalado: Well, this is a companion. Right? Commissioner Gort: This is a companion item. Vice Mayor Regalado: OK. Commissioner Plummer: Read the ordinance. Mr. Joel Maxwell (Deputy City Attorney): Just for the record, the covenant conditions that Commissioner Plummer put on the record are actually for item 2, PZ-2. 79 April 10, 1997 Commissioner Plummer: All right. Fine. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL, O- OFFICE AND SD-19 DESIGNATED FLOOR AREA RATIO OVERLAY DISTRICT (FAR .5) TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT 4100 SOUTHWEST 2ND STREET, 215 SOUTHWEST LE JEUNE ROAD, AND 4091 SOUTHWEST 2ND TERRACE, MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, passed on its first reading, by title, at the meeting of June 27, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner Humberto Hernandez Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11482. 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. Commissioner Plummer: Thank you. You made a very fine presentation. Mr. Echemendia: Thank you. ---------------------------------------------------------------------------------------------------------------- 28. SECOND READING ORDINANCE: AMEND CHAPTER 35 OF CODE -- ADD ARTICLE ENTITLED "VALET PARKING" -- FOR DOWNTOWN AREA PARKING -- APPLICANT: PUBLIC WORKS. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move PZ-3 with a proviso that indicates and supplies that everything but the enforcement is by Public Works. The enforcement is by the Police Department, Clark Cooke's meter maids, or Molina Towing. Vice Mayor Regalado: What? Commissioner Gort: Second. 80 April 10, 1997 Vice Mayor Regalado: There is a motion and... by Commissioner Plummer and a second by Commissioner Gort. Could you, Mr. City Attorney? Commissioner Plummer: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING CHAPTER 35, ENTITLED "MOTOR VEHICLES AND TRAFFIC," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1996 BY ADDING A NEW ARTICLE VIII ENTITLED "VALET PARKING"; PROVIDING FOR THE ESTABLISHMENT OF VALET PARKING IN THE DOWNTOWN CENTRAL BUSINESS DISTRICT, AS DEFINED IN THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; PROVIDING FOR RELATED PERMITS, FEES, RULES AND REGULATIONS AND APPEALS; FURTHER, RESERVING SECTIONS IN ARTICLE VII OF SAID CHAPTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27,1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Vice Mayor Tomas Regalado NAYS: None. ABSENT: Commissioner Humberto Hernandez Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11483. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 29. CONTINUE DISCUSSION OF MAYFAIR ART IN PUBLIC PLACES PROJECT -- SEE LABEL 16 ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Let the record reflect, please, Mr. Vice Mayor, that the item in reference to the Mayfair which the Mayor had asked about, how much money involved, it is not from Art in Public Places. It is thirty-one thousand dollars ($31,000), and all of the money is private money. Vice Mayor Regalado: So that means that it's approved. Commissioner Plummer: It's approved. 81 April 10, 1997 Vice Mayor Regalado: It's approved. Commissioner Plummer: Yes, sir. ---------------------------- ----------------------------------------------------------------------------------- 30. DIRECT CITY CLERK TO ACCEPT LETTERS RELATED TO MIAMI RIVER AUTHORITY INTO PUBLIC RECORD -- FURTHER TO COPY & DISTRIBUTE SAME TO CITY COMMISSIONERS & ADMINISTRATION. Commissioner Gort: Mr. Vice Mayor? Vice Mayor Regalado: Go ahead. Commissioner Gort: I would like to present the people that I talked about, the Miami River Coordinating Committee. They're not going to be present, but they sent me a fax, a letter stating all that they do and all they would like to do in the future. I'd like to introduce this to the City Manager. Mr. Joel Maxwell (Deputy City Attorney): I'm sorry, Mr. Gort. Commissioner Gort: No, this is another item. It's sort of a pocket item. I'll give it to the City Clerk so he will make copies and give them out. We should make it part of the record. Mr. Maxwell: Yes. Commissioner Gort: So when they sit down to talk about the river. Commissioner Plummer: Let me ask you a question. Does our Monday meeting start at nine o'clock? Mr. Clerk? Huh? Mr. Walter Foeman (City Clerk): It was advertised for nine. Commissioner Plummer: Nine? OK. Because we'll be out of here, as I see it... You know, it's either going to vote up yes or down, and that's it, and good-bye. Right? Commissioner Gort: Yes. Commissioner Plummer: What time is the thing at Bayside? Four o'clock? Vice Mayor Regalado: Four o'clock. Commissioner Plummer: OK. Commissioner Gort: What? It's going to be outdoors? Vice Mayor Regalado: Yeah. Commissioner Plummer: What? Commissioner Gort: You're going to have a problem. 82 April 10, 1997 Commissioner Plummer: Yeah. You're going to miss me. Commissioner Gort: You might miss me, too. Commissioner Plummer: Got any scuba gear? Let's go home. ---------------------------------------------------------------------------------------------------------------- 31. REQUEST REPORT BY APRIL 14, 1997 MEETING CONCERNING POLICE USING LIVE AMMUNITION DURING TARGET PRACTICES. Commissioner Gort: Well, I got... We got some pocket items here. Commissioner Plummer: No, no. I'm not doing any pocket items for Police. Captain Joseph Longueira (Deputy Commander, Police Support Services.): It will take two minutes. Commissioner Gort: You guys don't need ammunition. You never use it, anyway. Commissioner Plummer: Do it on Monday. Captain Longueira: No. We're out of ammunition. Commissioner Plummer:. OK: �We can do it on Monday. Captain Longueira: OK, sir. Commissioner Plummer: How much ammunition are you buying? How many rounds of Glock are you buying? Captain Longueira: I believe it's around 600,000 rounds. Commissioner Plummer: Six hundred thousand rounds. Captain Longueira: Just so you under... Commissioner Plummer: Now, do you know something about the summer that I don't know? Captain Longueira: No. Just to train a police academy class, so you understand, it takes 55,000 rounds of ammunition to teach those officers, and make sure they're proficient enough so they're not a liability to the City. Commissioner Gort: How many times a year do they get... (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: It took more to teach Joe. It's crazy. Six hundred thousand rounds of ammunition. Captain Longueira: And that's the police academy class. We're currently going through officer survival, where every officer in the department is going to practice and qualify. That's 1,000 officers. 83 April 10, 1997 i Commissioner Plummer: But why do they have to do it with factory ammo? The only people that I know that use factory ammo is the FBI (Federal Bureau of Investigation). Captain Longueira: Sir, when you use automatics like we do... Commissioner Plummer: Yeah. Captain Longueira: ... if you don't use the right rounds, they jamb all the time, and your training becomes inefficient. Commissioner Plummer: Then whoever is making your rounds is making bad rounds. Captain Longueira: No, no. Commissioner Plummer: You can use... Captain Longueira: Reloads, in the old days, reloads were good for pistols. For automatics, they're not. Commissioner Plummer: Yeah. And they're about a tenth of the cost. Captain Longueira: Sir, we have researched, believe me, all different ways to do this. Commissioner Plummer: Bring it up Monday. Let's go home. Captain Longueira: OK. Commissioner Plummer: I'm assuming we're adjourned. Am I correct? Vice Mayor Regalado: Yes, you are. This meeting is adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 2:40 P.M. JOE CAROLLO MAYOR ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 84 April 10, 1997