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HomeMy WebLinkAboutCC 1996-07-25 Minutes%^ITY OF MIAM 0 i OF MUTING HELD ON �uLY 25, 1996 _ PLANNI-NG & ZONING PREPARED By THE OFFICE OF THE CITY CLERK CITY HALL WALTER J. FOEMAN CITY CLERK ITEM SUBJECT NO. INDEX MINUTES OF REGULAR MEETING July 25, 1996 LEGISLATION PAGE NO. 1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 2-5 SPECIAL ITEMS. 7/25/96 2. PRESENTATION BY KEITH 0. CROSS DISCUSSION 5-6 REGARDING THE CENTENNIAL YEAR'S 7/25/96 SUMMER YOUTH PROGRAM -- MAYOR CAROLLO ADVISES YOUTH OF THE NEED FOR EDUCATION AND SELF-ESTEEM. 3. MANAGER REQUESTS TO DEFER AGENDA DISCUSSION 6-7 ITEM 47 (APPROVE PLAT: OAK 7/25/96 SHADOW). i 4. NOTE FOR THE RECORD: DISCUSSION 7-8 COMMISSIONER PLUMMER REQUESTS 7/25/96 TUCKER GIBBS, ESQ., TO BUILD IN A FORMULA FOR INCREASES WITHIN HIS PROPOSAL FOR A CHARTER AMENDMENT REGARDING SALARY INCREASES FOR CITY COMMISSIONERS. 5 CONSENT AGENDA. DISCUSSION 8-9 7/25/96 5.1 ACCEPT BID: APRICOT OFFICE R 96-542 10 SUPPLIES --FOR OFFICE SUPPLIES FOR 7/25/96 CITY-WIDE USE --ALLOCATE FUNDS ($100,000). j 5.2 AUTHORIZE REHABILITATION OF SEVEN R 96-543 10 I (7) BUSINESSES IN DOWNTOWN TARGET 7/25/96 I AREA --UNDER CITYWIDE COMMERCIAL FACADE PROGRAM --ALLOCATE FUNDS ($9,800). 5.3 AUTHORIZE $33,401.73--GRANT FROM R 96-544 COMMUNITY DEVELOPMENT BLOCK GRANT 7/25/96 FUNDS, PROJECT "CITYWIDE SUBSTANDARD BUILDING DEMOLITION (799206)"--TO Y.M.C.A. OF GREATER MIAMI, INC.--FOR PROPERTY AT 401 N.W. 71ST STREET --FOR SATISFACTION OF DEMOLITION LIEN. 5.4 ACCEPT PLAT: ENTITLED SEAPORT R 96-545 WITH COVENANT. 7/25/96 5.5 ACCEPT PLAT: ENTITLED YACHT R 96-546 CLUB, WITH CONDITIONS. 7/25/96 5.6 ACCEPT BID: DOCK & MARINE R 96-547 CONSTRUCTION --FOR DERELICT VESSEL 7/25/96 REMOVAL SERVICES --FOR PUBLIC FACILITIES DEPARTMENT --ALLOCATE FUNDS ($23,400 PLUS $86 PER NAUTICAL MILE TRAVELED). 6. DISCUSS AND DEFER TO SEPTEMBER M 96-548 12, 1996 PROPOSED RESOLUTION TO 7/25/96 AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP)--FOR UNIFIED DEVELOPMENT PROJECT ("UDP")-- FACILITY AND OPTIONAL MARINE - RELATED RETAIL, FOOD SERVICE/RECREATIONAL USES --ON 6.6 ACRES OF WATERFRONT PROPERTY AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI--SEE LABEL 76. 7. AUTHORIZE $93,104 INCREASE IN R 96-549 PROFESSIONAL SERVICES CONTRACT 7/25/96 FROM $149,500 TO $242,604 -- FOR COASTAL SYSTEMS INTERNATIONAL, INC. -- FOR MIAMARINA IMPROVEMENTS -PIERS A,B,C,H-1014 (CIP PROJECT 413400). 8. FIRST READING ORDINANCE: AMEND ORDINANCE CODE --ARTICLE IV, CHAPTER 54-- FIRST AMENDING SECTION 54-84 (NAMES OF READING DRIVES AND ROADS) --CHANGE SOUTH 7/25/96 BAYSHORE DRIVE BETWEEN SOUTHEAST 8TH STREET AND SOUTHEAST 15TH ROAD TO BRICKELL BAY DRIVE. 11 11 12 12-13 14-18 19-20 9. (A) DISCUSS AND DEFER PROPOSED RESOLUTION REALLOCATING $100,000 FROM FY 1996-1997 HOME MULTIFAMILY NEW CONSTRUCTION PROGRAM AND $378,000 FROM FY 1996-1997 HOME ASSISTED COMMUNITY HOUSING DEVELOPMENT ORGANIZAITON (CHDO) PROGRAM --TO INCREASE HOME MULTIFAMILY REHABILITATION LOAN PROGRAM --SEE LABEL 54. (B) MAYOR CAROLLO REQUESTS OF THE CITY MANAGER TO ASSIGN A MEMBER OF HIS STAFF TO MEET WITH EACH MEMBER OF THE CITY COMMISSION AND GO THROUGH THE ENTIRE AGENDA BEFORE BRINGING AGENDA ITEMS TO THE PUBLIC. 10. (A) PERSONAL APPEARANCE: ROBERT MASRIAH TO DISCUSS STATUS AND PROGRESS OF COCONUT GROVE PARKING ADVISORY COMMITTEE. (B) DIRECT ADMINISTRATION TO PROVIDE COMMISSIONERS A LIST OF AVAILABLE PHANTOM PARKING SPACES --DEVELOP PLAN TO ALLEVIATE INADEQUATE PARKING PROBLEMS IN DOWNTOWN COCONUT GROVE SPECIALLY DURING WEEKEND NIGHTS -- USE VACANT PROPERTY ON NORTHERN CORNER OF PAN AMERICAN DRIVE ENTRANCE TO CITY HALL FOR PARKING DEVELOP PLAN TO CHARGE AND USE PARKING AREAS FRONT AND BACK OF COCONUT GROVE CONVENTION CENTER DURING WEEKEND NIGHTS --PROVIDE INFORMATION TO COMMISSIONERS ON USE OF TROLLEY SERVICES --SCHEDULE THIS ISSUE AS AN AGENDA ITEM FOR SEPTEMBER 12, 1996 MEETING. DISCUSSION 7/25/96 DISCUSSION 7/25/96 21-26 26-34 11. (A) SECOND READING ORDNANCE: AMEND CHAPTER 42 OF CODE -- ESTABLISH MAXIMUM TOWING AND STORAGE RATES CHARGED FOR RECOVERING/TOWING/REMOVING/STORIN G MOTOR VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION OF OWNER OF PROPERTY. (B) DIRECT ADMINISTRATION TO PROVIDE REPORT TO COMMISSIONERS LISTING SHOPS SELECTED TO REPAIR CITY VEHICLES --IDENTIFY IF REPAIR SHOPS ARE WITHIN CITY LIMITS -- FURTHER, INSTRUCT ADMINISTRATION TO ENSURE THAT CITY VEHICLES ARE REPAIRED BY SHOPS WITHIN CITY LIMITS. 12. FIRST READING ORDINANCE: ESTABLISH THREE (3) SPECIAL REVENUE FUNDS: JTPA TITLE IIC NET NEIGHBORHOODS JOBS PROGRAM (PY'96); JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY'96)--APROPRIATE FUNDS ($500,000, $200,000 AND $700,000) FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS RESPECTIVLEY. 13. (A) FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: DADE COUNTY EMS GRANT AWARD (FY 95/'96)--APPROPRIATE FUNDS ($292,635). (B) DIRECT ADMINISTRATION TO PROVIDE COMMISSIONER DAWKINS WITH A BREAKDOWN OF EVERY GRANT RECEIVED IN FISCAL YEARS 1994, 1995 AND 1995/1996 BY MIAMI'S POLICE DEPARTMENT AND FIRE DEPARTMENT --FURTHER INCLUDE ITEMIZATION OF HOW MONIES WERE SPENT, DISTRIBUTED, ALLOCATED, ETC. (C) MAYOR CAROLLO DIRECTS MANAGER TO RESPOND TO COMMISSIONERS' REQUESTS RELATED TO AGENDA ITEMS WITHIN 48 HOURS. ORDINANCE 11382 7/25/96 ORDINANCE FIRST READING 7/25/96 ORDINANCE FIRST READING 7/25/96 34-35 36 37-39 14. FIRST READING ORDINANCE: AMEND ORDINANCE 40 SECTION 40-239 OF CODE, RELATING FIRST TO GENERAL EMPLOYEES' AND READING SANITATION EMPLOYEES' RETIREMENT 7/25/96 TRUST --FOR COMPLIANCE WITH AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA). 15. FIRST READING ORDINANCE: AMEND ORDINANCE 41 SECTION 2-452 OF CODE CONCERNING FIRST TERMS OF OVERTOWN ADVISORY BOARD READING MEMBERS --MEMBERS TO SERVE ONE 7/25/96 YEAR. 16. FIRST READING ORDINANCE: ORDINANCE 41-42 ESTABLISH SPECIAL REVENUE FUND FIRST (CLEAN VESSEL ACT GRANT PROGRAM- READING DINNER KEY) --APPROPRIATE GRANT 7/25/96 FUNDS ($50,000 FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 17. FIRST READING ORDINANCE: ORDINANCE 42-43 ESTABLISH SPECIAL REVENUE FUND FIRST (CLEAN VESSEL ACT GRANT PROGRAM- READING MIAMARINA)--APPROPRIATE GRANT 7/25/96 FUNDS ($39,900 FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 18. RESCIND 96-424--APPROVE PROPOSED R 96-550 43-47 RESOLUTION REJECTING PREVIOUS 7/25/96 BIDS CONCERNING SALE OF PROPERTY AT 5500 NW 17 AVENUE --DIRECT MANAGER TO RETURN BID DEPOSITS -- FURTHER DIRECT MANAGER TO REISSUE INVITATION TO BID FOR THE SALE OF SAID PROPERTY WITH CONDITIONS INCLUDING REVERTER CLAUSE. 19. (A) ALLOCATE ONE MILLION THIRTY- TWO THOUSAND TWO HUNDRED DOLLARS ($1,032,200) OF 22ND YEAR CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT) FUNDS FOR TWO (2) PREVIOUSLY APPROVED HOUSING PROJECTS AND FIVE (5) APPROVED PUBLIC FACILITIES AND IMPROVEMENT PROJECTS. (B) DIRECT ADMINISTRATION TO PROVIDE NOTICE THROUGH THE MIAMI TIMES THAT ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($130,000) HAS BEEN MADE AVAILABLE BY THE CITY TO THE TRI-CITY COMMUNITY ORGANIZATION FOR HOME IMPROVEMENT REPAIRS; FURTHER INSTRUCTING THE MANAGER TO DIRECT THE NET (NEIGHBORHOOD ENHANCEMENT TEAM) OFFICE WITHIN THE AFFECTED AREA TO PUBLICIZE SAME. 20. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. ("HOPE") --FOR IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT, EDUCATIONAL OUTREACH ACTIVITIES AND INVESTIGATION OF HOUSING DISCRIMINATION COMPLAINTS --FOR BENEFIT OF LOW/MODERATE INCOME PERSONS -- ALLOCATE FUNDS ($65,000 CDBG, PROJECT 799302) FROM UNEXPENDED 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 21. ALLOCATE ONE HUNDRED TWENTY THOUSAND ($120,000) DOLLARS IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE TWENTY SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -- TO ASSIST TOWN PARK PLAZA NORTH, INC. WITH CONSTRUCTION OF SECURITY FENCE AT TOWN PARK PLAZA NORTH. R 96-551 7/25/96 R 96-552 7/25/96 R 96-553 7/25/96 48-49 50-51 51-54 22. DISCUSS AND DEFER UNTIL THE DISCUSSION 54-55 AFTERNOON SESSION CONSIDERATION 7/25/96 OF AGENDA ITEM 29 (APPROVE IN PRINCIPLE DESIGNATION OF HOUSING INITIATIVE GROUP, INC. AND PALMETTO HOMES OF MIAMI, INC. AS SPONSOR TO DEVELOP 16 NEW SINGLE- FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON 14 CITY - OWNED VACANT PARCELS LOCATED IN COCONUT GROVE, MODEL CITY, AND EDISON/LITTLE RIVER NEIGHBORHOODS) ESTABLISH $92,078 AS REIMBURSEMENT AMOUNT TO BE PAID BY SPONSOR TO CITY OF MIAMI. [See Label 52]. 23. ACCEPT BID --ROYAL RENT -A -CAR FOR R 96-554 56-59 LEASING OF TWENTY-EIGHT (28) 7/25/96 VEHICLES TO NET/COMMUNITY DEVELOPMENT DEPARTMENT ON LEASE CONTRACT BASIS --FOR ONE (1) YEAR WITH OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS -- ALLOCATE FUNDS ($150,528). DIRECT ADMINISTRATION: MAYOR CAROLLO TO ASSIGN AN ASSISTANT TO MEET WITH MR. MARIANO CRUZ IN ORDER THAT THE LATTER MAY ASCERTAIN WHERE CARS IN CONNECTION WITH AGENDA 30 BID OF ROYAL RENTA-A-CAR FOR LEASING OF TWENTY EIGHT (28) VEHICLES TO NET/COMMUNITY DEVELOPMENT DEPARTMENT ON A LEASE -- CONTRACT BASIS AT A PROPOSED ANNUAL AMOUNT OF $150,520 ARE GOING FURTHER EXPLAIN SAID ITEM TO HIM -- COMMISSIONER PLUMMER DIRECTED ADMINISTRATION TO FORWARD A LETTER TO EACH ONE OF THE BIDDERS IN CONNECTION WITH THE BID FOR A LEASE OF 28 VEHICLES FOR THE COMMUNITY DEVELOPMENT DIVISION OF NET, ASKING POTENTIAL BIDDERS WHY THEY CHOSE NOT TO BID -- FURTHER REITERATING THAT THE LETTER PROCEDURE SHOULD BE STANDARD CITY POLICY IN ALL BID PROCESSES WHEREIN THERE IS ONLY ONE BID; FURTHER DIRECT CITY MANAGER TO INSTRUCT CHIEF PROUREMENT OFFICER TO MEET WITH CHIEF ROLLASON REGARDING INSURANCE COVERAGE RATES IN CONNECTION WITH SAME. 24. (A)AUTHORIZE AGREEMENT --WITH R 96-555 59-63 BOARD OF TRUSTEES OF INTERNAL 7/25/96 IMPROVEMENT TRUST --FOR PARTIAL MODIFICATION OF DEED RESTRICTIONS ON WATSON ISLAND --TO ALLOW DEVELOPMENT OF BOTANICAL GARDEN ATTRACTION --PROVIDE COMPENSATION TO STATE OF FLORIDA OF NOT MORE THAN 7j PERCENT OF REVENUES. (B) AUTHORIZE MANAGER TO EXECUTE NEGOTIATED AGREEMENT WITH THE STATE OF FLORIDA--FOR PARTIAL MODIFICATION OF WATSON ISLAND DEED RESTRICTIONS --PROVIDING 7.5% OF REVENUES FOR COMPENSATION TO THE STATE. 25. PRIOR TO BEGINNING MEETING DISCUSSION 63-64 ADMINISTRATION WITHDREW ITEM 32 7/25/96 (LEASE AGREEMENT WITH PARROT JUNGLE AND GARDENS, INC.--FOR 18.6 ACRES BOTANICAL GARDEN IN WATSON ISLAND). (A) COMMISSIONER DAWKINS DIRECTED CITY ADMINISTRATION TO CONDUCT A FEASIBILITY STUDY WHICH WILL SHOW HOW THE PROPOSED BOTANICAL GARDEN FACILITY WILL GROSS $20 MILLION IN FIVE YEARS. (B) MAYOR INSTRUCTS MANAGER TO REVIEW WITH EACH COMMISSIONER THE PROPOSED LEASE AGREEMENT WHICH WILL GIVE PARROT JUNGLE AND GARDENS, INC. (FOR THE DEVELOPMENT AND OPERATION OF BOTANICAL GARDEN ATTRACTION) A PERIOD OF 45 YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL 15 YEAR PERIOD. 26. AUTHORIZE AGREEMENT FOR R 96-556 64-66 PROFESSIONAL PLANNING SERVICES-- 7/25/96 TO AMEND MIAMI DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT, DEVELOPMENT ORDER --TO ACCOMMODATE DEVELOPMENT OF ARENA. 27. AUTHORIZE ISSUING REQUEST FOR R 96-557 66-67 PROPOSALS (RFP)--TO SOLICIT 7/25/96 PROPOSALS FROM FINANCIAL INSTITUTIONS FOR CITY WIDE BANKING SERVICES --FOR THREE (3) YEARS. 28. AUTHORIZE AGREEMENT --WITH R 96-558 67-68 REPUBLIC NATIONAL BANK --IN 7/25/96 OVERTOWN AREA --FOR SPECIAL DEPOSITORY BANK ACCOUNT --FOR PERIOD OF ONE (1) YEAR WITH OPTION OF TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. 29. ACCEPT BIDS OF SUPER COLOR LAB, R 96-559 68-69 INC.--TO FURNISH FILM PROCESSING 7/25/96 SERVICES; PITTMAN PHOTO, INC.; MARDEL ENTERPRISES, INC.--TO FURNISH PHOTO SUPPLIES --ALLOCATE FUNDS ($132,000). 30. (A) ACCEPT BIDS: PRIME ELECTRICAL R 96-560 69-71 CONTRACTORS, INC./ELECTRICAL 7/25/96 CONTRACTING SERVICE, INC.--TO FURNISH ELECTRICAL MAINTENANCE SERVICES TO DEPARTMENTS --ALLOCATE FUNDS ($160,000). (B) MAYOR REQUESTS ADMINISTRATION TO PROVIDE COMMISSIONERS WITH AMOUNT SAVED BY ACCEPTANCE OF BIDS FROM PRIME ELECTRICAL CONTRACTING SERVICE INC. TO FURNISH ELECTRICAL MAINTENANCE SERVICES. 31. (A) ACCEPT BIDS: MAIN LINE R 96-561 71-73 PLUMBING AND FORTY DOLLARS AN 7/25/96 HOUR PLUMBING --FOR PLUMBING MAINTENANCE SERVICES/EQUIPMENT/MATERIALS/SUPP LIES. (B) MAYOR REQUESTS ADMINISTRATION TO PROVIDE HIM AND COMMISSIONERS IN MEMORANDUM FORM A JUSTIFICATION OF HOW MUCH MONEY WILL BE SAVED BY ACCEPTING BIDS OF FORTY DOLLARS AN HOUR PLUMBING AND MAINLINE PLUMBING FOR THE FURNISHING OF PLUMBING MAINTENANCE SERVICES / EQUIPMENT / MATERIALS / SUPPLIES. 32. (A) COMPUTE PROPOSED MILLAGE RATE R 96-562 FOR CITY OF MIAMI, FLORIDA, FOR 7/25/96 FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997 -- DIRECT CITY MANAGER TO TRY AND REDUCE MILLAGE RATE FOR CITY OF MIAMI, IF POSSIBLE -- FOR UPCOMING FISCAL YEAR. (B) ESTABLISH BUDGET HEARINGS FOR SEPTEMBER 12, AT 5:05 P.M. AND FOR SEPTEMBER 26, AT 5:05 P.M. (C) INSTRUCT MANAGER TO SUBMIT PROPOSED MILLAGE RATE TO DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR, ALONG WITH DATE, TIME AND PLACE OF PUBLIC HEARING ON PROPOSED MILLAGE RATE AND TENTATIVE BUDGET. 33. ACCEPT BID: MOTOROLA--TO FURNISH R 96-563 PORTABLE RADIOS --TO FIRE -RESCUE 7/25/96 DEPARTMENT --ALLOCATE FUNDS ($18,843). 34. (A) AMEND/EXTEND PUBLIC HEALTH R 96-564 TRUST OF DADE COUNTY AGREEMENT-- 7/25/96 TO COORDINATE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE -RESCUE DEPARTMENT --ALLOCATE FUNDS ($88,000 FOR FIRST YEAR; $94,000 FOR SECOND YEAR). (B) COMMISSIONER PLUMMER COMMENTS ON FIRE PROTECTION SERVICES CITY PROVIDES TO JACKSON MEMORIAL AT NO COST. MAYOR STATES HE WOULD LIKE TO SIT DOWN WITH NEWLY ELECTED MAYOR OF METROPOLITAN DADE COUNTY ONCE ELECTED -- TO DISCUSS EMERGENCY SERVICES AND ANY CONTRIBUTION JACKSON MEMORIAL MAY MAKE IN LIEU OF TAXES FOR EMERGENCY SERVICES PROVIDED BY OUR FIRE RESCUE DEPARTMENT -- APPOINT COMMISSIONER PLUMMER AS LIAISON TO MEET WITH DADE COUNTY COMMISSION CONCERNING THIS ISSUE. 35. APPROVE ENGAGEMENT OF DAVIS, R 96-565 SCOTT, WEBER AND EDWARDS LAW 7/25/96 FIRM --TO SERVE AS COUNSEL TO CITY IN CONNECTION WITH MEDIATION IN MICHAEL POTTINGER; PETER CARTER; BERRY YOUNG CASE --ALLOCATE FUNDS ($15,000). 73-74 75-76 76-78 36. DISCUSS AND DEFER CONSIDERATION DISCUSSION 80-81 OF PROPOSED SETTLEMENT: ERNESTO 7/25/96 GALBAN,• JUANA GALBAN (WITHOUT ADMISSION OF LIABILITY, THE SUM OF $135,000, PAYABLE IN TWO INSTALLMENTS). 37. DISCUSS --NO ACTION TAKEN ON DISCUSSION 82-84 PROPOSED $170,000 SETTLEMENT TO 7/25/96 TERRI LYNN TILLMAN, WITHOUT ANY ADMISSION OF LIABILITY IN FULL AN COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY. 38. ACCEPT PROPOSAL --PENINSULA STATE R 96-566 84-85 LEGAL SERVICES PLAN, INC., 7/25/96 (PENINSULA) --TO PROVIDE GROUP PREPAID LEGAL SERVICES PLAN --TO FULL-TIME NON -UNION AND ELIGIBLE UNION EMPLOYEES CITY EMPLOYEES. 39. (A) AUTHORIZE PROFESSIONAL R 96-567 85-89 SERVICES AGREEMENTS --INDIVIDUALS 7/25/96 TO PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR POLICE DEPARTMENT --ALLOCATE FUNDS ($150,000)FOR SIX MONTHS. (B) IF NO IMPROVEMENT AFTER SIX MONTHS, RESCIND APPROVAL FOR PROFESSIONAL SERVICES AGREEMENT. 40. ACCEPT BID: SNAPP INDUSTRIES --FOR R 96-568 90-91 (MIAMI POLICE DEPARTMENT 7/25/96 HEADQUARTERS BUILDING CONCRETE REPAIRS AND EXTERIOR RESTORATIONS A,B,C--ALLOCATE FUNDS ($1,189,235.50, CIP 312030). 41. RESCIND 96-61--SUBSTITUTE R 96-569 91-92 PROPOSED RESOLUTION AUTHORIZING 7/25/96 MANAGER TO NULLIFY CONTRACT BETWEEN CITY AND AUSTIN CONSTRUCTION CORPORATION -- FOR PROJECT ENTITLED: MIAMI POLICE DEPARTMENT HEADQUARTERS BUILDING CONCRETE REPAIRS AND EXTERIOR RESTORATIONS A, B, C, B-6248. 42. ACCEPT BID: METRO TECH EQUIPMENT R 96-570 92-94 CORP.,--TO FURNISH ASPHALT PATCH 7/25/96 TRUCK --FOR PUBLIC WORKS DEPARTMENT --ALLOCATE FUNDS ($104,280). 43. COMMISSIONER PLUMMER INVITES THE DISCUSSION 94-95 COMMISSION TO BID FAREWELL TO 7/25/96 MIAMI HERALD NEWSPAPER REPORTER JOANN CAVANAUGH. 44. (A) RATIFY EMERGENCY PURCHASE OF R 96-571 95-99 HIGH DENSITY FILE STORAGE SYSTEM 7/25/96 FROM UNITED BUSINESS SYSTEMS -- FOR FIRE -RESCUE AND RISK MANAGEMENT --ALLOCATE FUNDS ($32,454) (B) DIRECT ADMINISTRATION TO COMPLETE OFFICES FOR COMMISSIONERS AT RIVERSIDE CENTER BY SEPTEMBER 1996--FURTHER, TO PROVIDE COMMISSIONERS AN AUDIT REPORT OF EXPENDITURES FOR RIVERSIDE CENTER (NEW ADMINISTRATION BUILDING). 45. EMERGENCY ORDINANCE: AMEND 11167 EMERGENCY 100-101 WHICH ESTABLISHED SPECIAL REVENUE ORDINANCE FUND ("OPERATION C.A.R.S.") -- 11383 ACCEPT FLORIDA MOTOR VEHICLE 7/25/96 THEFT PREVENTION AUTHORITY GRANT ($3,000.) -- COMMISSIONER DAWKINS REQUESTED AN ITEMIZED LIST OUTLINING WHAT WILL BE PURCHASED WITH THE $84,000 GRANT FOR "OPERATION C.A.R.S.". 46. EMERGENCY ORDINANCE: AMEND 11274 EMERGENCY 102-103 WHICH ESTABLISHED SPECIAL REVENUE ORDINANCE FUND ("INITIATIVES GRANT FOR 11384 OUTREACH TO THE HOMELESS") -- 7/25/96 UNITED STATES DEPARTMENT OF HOUSING/URBAN DEVELOPMENT (USHUD) GRANT ($261,105) THROUGH DADE COUNTY HOMELESS TRUST. 47. DEFER CONSIDERATION OF PROPOSED M 96-572 103-104 FIRST READING ORDINANCE: AMEND 7/25/96 SECTION 1 OF CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE TO ALLOCATE $1,925,000 FOR (FIRE - RESCUE VEHICLE ACQUISITION) -- DIRECT ADMINISTRATION TO SCHEDULE ITEM DURING BUDGET HEARINGS TO EXPLAIN DISBURSEMENT OF $2 MILLION. 48. FIRST READING ORDINANCE: AMEND ORDINANCE 104-105 CAPITAL IMPROVEMENTS ORDINANCE FIRST 11337 -- CONTINUE TO ESTABLISH READING NEW CAPITAL IMPROVEMENT PROJECTS 7/25/96 TO (CIP) BEGIN DURING FISCAL YEAR 1995-1996. 49. RATIFY, APPROVE AND CONFIRM R 96-573 105-106 MANAGER'S PURCHASE AND 7/25/96 INSTALLATION OF AIR CONDITIONING SYSTEM FOR PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. (PULSE) -- ALLOCATE FUNDS ($10,000). 50. APPROVE RESOLUTION NOMINATING R 96-574 106-109 FIVE (5) INDIVIDUALS PER 7/25/96 COMMISSIONER TO REPRESENT ALLAPATTAH, LITTLE HAVANA, MODEL CITY, OVERTOWN AND WYNWOOD NEIGHBORHOODS --TWO (2) FROM EACH NEIGHBORHOOD TO BE SELECTED BY COUNTY COMMISSION TO SERVE ON FEDERAL ENTERPRISE COMMUNITY COUNCIL --DIRECT CLERK TO FORWARD 96-574 TO BOARD OF COUNTY COMMISSIONERS. 51. AUTHORIZE ALLOCATION OF $42,000 FROM COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION FACADE TREATMENT PROGRAM ("PROGRAM") -- AND ALLOCATION OF $44,800 FROM COMMUNITY DEVELOPMENT BLOCK GRANT CONTIGENCY ACCOUNT FOR REHABILITATION OF BUSINESS PROPERTIES IN ALLAPATTAH, EDISON/LITTLE RIVER, LITTLE HAVANA / WYNWOOD / EDGEWATER I TARGET AREAS. R 96-575 109-110 7/25/96 52. (A) (CONTINUED) DISCUSS AND R 96-576 111-136 APPROVE IN PRINCIPLE DESIGNATION M 96-577 OF HOUSING INITIATIVE GROUP, INC. 7/25/96 AND PALMETTO HOMES OF MIAMI, INC. AS SPONSOR TO DEVELOP 16 NEW SINGLE-FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON 14 CITY - OWNED VACANT PARCELS LOCATED IN COCONUT GROVE, MODEL CITY, AND EDISO N/ LITTLE RIVER NEIGHBORHOODS). (B) ISSUE REQUEST FOR PROPOSALS (RFP) FOR ALL REMAINING UNAWARDED VACANT LOTS FOR PRIVATE DEVELOPERS / CONTRACTORS / INDIVIDUALS TO PROVIDE AFFORDABLE HOUSING. (C) REQUEST VICE MAYOR GORT TO ASSIST MANAGER WITH THE DEVELOPMENT OF RFP -- DIRECT MANAGER TO HAVE RFP READY IN SEPTEMBER. (See Label 22) 53. CONTINUED --RATIFY MANAGER'S SOLE R 96-578 136-137 SOURCE FINDING -- APPROVE 7/25/96 PURCHASE OF ONE (1) SATELLITE SCREEN MODEL H10 HOPPER / FEEDER -- FOR GENERAL SERVICES/SOLID WASTE -- ALLOCATE FUNDS ($36,605). 54. (CONTINUED) REALLOCATE $100,000 M 96-579 138-140 FROM FY 1996-1997 HOME R 96-579.1 MULTIFAMILY NEW CONSTRUCTION 7/25/96 PROGRAM AND $378,000 FROM FY 1996-1997 HOME ASSISTED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) PROGRAM -- TO INCREASE FUNDS AVAILABLE UNDER CITY'S HOME MULTIFAMILY REHABILITATION LOAN PROGRAM -- DAWKINS REQUEST FUND BALANCE TO BE USED FOR NEW CONSTRUCTION INSTEAD OF REHABILITATION / RENOVATIONS -- SEE LABEL 9. 55. PERSONAL APPEARANCE: RON HILL, DISCUSSION 141-144 UNITED WAY REPRESENTATIVE, TO 7/25/96 REQUEST FUNDS FOR BELAFONTE TACOLCY PARK IMPROVEMENT PROJECT. 56. 57. ME 59. 61. 62. 63. (A) AUTHORIZE SETTLEMENT: ERNESTO GALBAN; JUANA GALBAN ($135,000). (B) VICE -MAYOR GORT DIRECTED ADMINISTRATION TO REVIEW SETTLEMENT CASES IN CONNECTION WITH LAWSUITS -- FURTHER DIRECT ADMINISTRATION TO TRAIN STAFF IN ORDER TO PREVENT SUCH CASES IN THE FUTURE. (See label 36) APPOINT RAMIRO MARREIRO, M.D.; VICKY LEIVA; ROBERT GRILL; CAPTAIN VIRGIL FERNANDEZ TO SERVE ON AFFIRMATIVE ACTION ADVISORY BOARD. APPOINT STEVE KNEAPLER TO SERVE ON BUDGET AND FINANCES REVIEW COMMITTEE. APPOINT JAMES SIMMONS TO SERVE ON CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. APPOINT CRYSTAL GRIGGS; ROSIE GORDON-WALLACE; ANNETTE EISENBERG; NANCY MINETT; JOSEFINA SANCHEZ-PANDO; IVON MESA TO SERVE ON COMMISSION ON THE STATUS OF WOMEN. COMMISSIONER DAWKINS WILL SUBMIT IN WRITING HIS APPOINTMENT TO THE INTERNATIONAL TRADE BOARD. APPOINT DAVID CABARROCAS AND MARIA DEL CARMEN CASTELLANOS TO SERVE ON LATIN QUARTER REVIEW BOARD. APPOINT MONIQUE TAYLOR TO SERVE ON NUISANCE ABATEMENT BOARD. 64. (A) APPOINT ELI FEINBERG AND ROBERT RATINER TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY. (B) WAIVE RESIDENCY REQUIREMENTS: FEINBERG/RATINER. 65. APPOINT JOSEPH RICHARDS TO SERVE ON HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. R 96-580 7/25/96 R 96-581 7/25/96 R 96-582 7/25/96 R 96-583 7/25/96 R 96-584 7/25/96 DISCUSSION 7/25/96 R 96-585 7/25/96 R 96-586 7/25/96 R 96-587 M 96-588 7/25/96 R 96-589 7/25/96 144-149 149-150 151-152 152-153 153-154 154-155 155 156-157 157-161 161-162 .,IN 66. WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ENGAGEMENT OF G.A.L. COMMUNICATIONS, INC. -- FOR EMERGENCY RELOCATION AND RECONFIGURATION OF TELEPHONE SYSTEMS AND TELECOMMUNICATIONS EQUIPMENT CITYWIDE -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE / COMMUNICATION SERVICES DIVISION -- ALLOCATE FUNDS ($20,000). 67. APPROVE PURCHASE -- WAIVE REQUIREMENTS OF COMPETITIVE SEALED BIDS ($60,000 WORTH OF PARTS FOR MECHANICAL STREET SWEEPERS; $20,000 FOR OLD DOMINION BRUSH AND $40,000 FOR RAY PACE WASTE EQUIPMENT -- FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE, VEHICLE AND EQUIPMENT ADMINISTRATION DIVISION -- ALLOCATE FUNDS. 68. DIRECT ADMINISTRATION TO REHABILITATE CO-OP AT 224 N.W. 12 STREET -- PREPARE UNITS TO BE SOLD -- FURTHER STIPULATE THAT COMMISSIONER DAWKINS WILL HAVE SOMEBODY IN OVERTOWN IDENTIFY INDIVIDUALS FROM WHICH TO SELECT THOSE WHO CAN PURCHASE UNITS. 69. (A) ALLOCATE (NOT TO EXCEED) $25,000 TO HBO MAIN EVENTS MIAMI WEEKEND WORLD CHAMPIONSHIP BOXING MATCHES AT KNIGHT CENTER. (B) COMMISSIONER PLUMMER COMMENDS FORMER MAYOR DAVID T. KENNEDY FOR ORGANIZING THE MIAMI-METRO 1996 OLYMPIC BOXING EVENT WHICH PROMOTED THE CITY OF MIAMI WORLDWIDE ON ESPN. R 96-590 7/25/96 R 96-591 7/25/96 DISCUSSION 7/25/96 R 96-592 7/25/96 163-164 164 166-168 168-171 70. RATIFY, APPROVE AND CONFIRM R 96-593 172-173 EMERGENCY REMOVAL AND 7/25/96 INSTALLATION OF THREE AIR CONDITIONING UNITS AND ROOF REPAIR FOR ALLAPATTAH COMMUNITY ACTION INC. (2257 NW NORTH RIVER DRIVE) -- ALLOCATE FUNDS ($17,000 FOR AIR CONDITIONING AND $25,000 FOR ROOF REPAIR) 71. AMEND R 96-163 -- TO FURNISH AND R 96-594 173-174 INSTALL PLAYGROUND STRUCTURES AND 7/25/96 EQUIPMENT AT TOWN PARK. (RESCIND BID FROM LEADEX CORPORATION AND AWARD APPLICABLE PORTIONS 0 SAID BID TO ATLANTIS CONSTRUCTION COMPANY), ALLOCATE FUNDS ($10,000), FORM CIP 331363 / COMMUNITY DEVELOPMENT GRANT FUND NUMBER 705403, INDEX CODE 589301- 860. 72. ACCEPT PROPOSAL OF DADE AMATEUR R 96-595 175-178 GOLF ASSOCIATION -- FOR PROMOTION 7/25/96 / MANAGEMENT / OPERATION OF CITY'S CELEBRITY GOLF CLASSIC TOURNAMENT (JOSE CANSECO CELEBRITY GOLF CLASSIC TOURNAMENT). 73. APPROVE, IN PRINCIPLE, TO R 96-596 178-185 ALLOCATE $750,000 (23RD YEAR, 7/25/96 COMMUNITY DEVELOPMENT BLOCK GRANT FUND [CDBG)) TO NEW ARENA SQUARE CORPORATION --FOR REHABILITATION OF UNITS IN OVERTOWN, SUBJECT TO FINAL APPROVAL BY COMMUNITY REDEVELOPMENT AGENCY. 74. AUTHORIZE PURCHASE OF FORTY-EIGHT R 96-597 185-187 (48) FLORIDA DEPARTMENT OF 7/25/96 TRANSPORTATION (FDOT) TYPE III BARRICADES FOR STREET CLOSURE INSTALLATIONS IN MODEL CITY NEIGHBORHOOD ON A SIX MONTH TRIAL BASIS FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE FUNDS ($7,560.00). 75. PRESENTATION OF GOING -AWAY CAKE DISCUSSION 188 TO JOANNE CAVANAUGH (HERALD 7/25/96 REPORTER). 76. (CONTINUED) --RECONSIDER PRIOR DEFERRAL -- ISSUE REQUEST FOR PROPOSALS FOR UNIFIED DEVELOPMENT PROJECT OF BOAT YARD AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES ON 6.6 ACRES LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY. 77. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF SPECIAL EXCEPTION FOR PROPERTY AT 2200 SOUTH DIXIE HIGHWAY TO ALLOW A FINANCIAL DRIVE - THROUGH FACILITY [applicant: TRI-W Investment Co. of Dade County (Owner) J./ P. O'Neill for Bank Atlantic (Buyer)]. 78. FIRST READING ORDINANCE: RESCIND ORDINANCE 11207 -- AMEND ORDINANCE 10544 TEXT -- MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, GOALS,OBJECTIVES AND POLICIES, INTERPRETATION OF FUTURE LAND USE PLAN MAP, SINGLE FAMILY, DUPLEX AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE PARAGRAPHS TO INCLUDE PROFESSIONAL OFFICES, TOURIST/GUEST HOMES, MUSEUMS / PRIVATE CLUBS / LODGES AMONG LAND USES PERMITTED IN DESIGNATED HISTORIC SITES / HISTORIC DISTRICTS WITHIN SAID SINGLE FAMILY, DUPLEX AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE CATEGORIES -- [Applicant: Community Planning & Revitalization.) M 96-598 M 96-599 7/25/96 DISCUSSION 7/25/96 ORDINANCE FIRST READING 7/25/96 188-197 197-198 198-201 79. FIRST READING ORDINANCE: AMEND ARTICLE 7, ORDINANCE 11000 (HP HISTORIC PRESERVATION OVERLAY DISTRICTS) --TO ZONING ORDINANCE OF THE CITY OF MIAMI -- AMENDING SECTION 704.1.4 (DEVIATIONS CONCERNING OFFSTREET PARKING) --TO ALLOW VALET PARKING FOR PRIVATE CLUBS / LODGES --ADD SECTION 704.2.4--TO REQUIRE EXCEPTION FOR PRIVATE CLUBS / LODGES --ADD NEW SUBSECTION IN SUCH DISTRICT 704.3(4)--TO SET MINIMUM LOT SIZE AND HOURS OF OPERATION FOR PRIVATE CLUBS / LODGES -- [Applicant: Community Planning & Revitalization]. 80. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TO R-1 SINGLE- FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS TO CHANGE ZONING ATLAS AT 3298 CHARLES AVENUE, MARIAH BROWN HOUSE -- [Applicant: Community Planning & Revitalization]. 81. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TO R-1 SINGLE- FAMILY RESIDENTIAL, SD-18 MINIMUM LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, TO CHANGE ZONING ATLAS AT 3744-3754 STEWART AVENUE, MARJORIE STONEMAN DOUGLAS HOUSE-- [Applciant: Community Planning & Revitalization]. 82. GRANT APPEAL OF DESIGN BY HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO DENY CERTIFICATE OF APPROPRIATNESS FOR CONSTRUCTION OF 4' FENCE AND 5' HEDGE AT 759 NE 57TH AVENUE -- [Applicant: Steven Polakoff and Micahel Carver]. ORDINANCE FIRST READING 7/25/96 ORDINANCE FIRST READING 7/25/96 ORDINANCE FIRST READING 7/25/96 R 96-600 7/25/96 202-203 203-205 205-206 206-215 83. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 ARTICLE 6, SECTION 609, AT SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO MODIFY AND INTRODUCE REGULATORY MEASURES APPLICABLE TO CLINICS (MEDICAL AND DENTAL) WITHIN THE DISTRICT -- [Applicant: Community Planning & Revitalization]. 84. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 15 TO INTRODUCE SECTION (CLASS II SPECIAL PERMIT REQUIRED FOR WAIVER OF DESIGN STANDARDS AND GUIDELINES) --APPLICANT: COMMUNITY PLANNING & REVITALIZATION. 85. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 15, SECTION 1501, 1502, AND 1503 TO MODIFY REQUIREMENTS FOR CLASS II SPECIAL PERMITS PERTAINING TO NOTICE / REFERRALS / TIME LIMITATIONS -- [Application Community Planning & Revitalization]. 86. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 620, (SD-20 EDGEWATER OVERLAY DISTRICT) -- ADD GROUND FLOOR OFFICE USES AS CONDITIONAL PRINCIPAL USE OF HIGH DENSITY RESIDENTIAL PROJECTS BY CLASS II SPECIAL PERMIT --PROVIDE NEW PARKING REQUIREMENTS AT SD-20 EDGEWATER OVERLAY DISTRICT -- [applicant: Community Planning & Revitalization] -- DIRECT ADMINISTRATION TO MEET WITH JANET COOPER BEFORE ITEM RETURNS FOR SECOND READING --FURTHER INSTRUCT ADMINISTRATION TO INFORM COMMISSION OF ANY FINAL CHANGES MADE TO SAID ORDINANCE. ORDINANCE 11385 7/25/96 ORDINANCE 11386 7/25/96 ORDINANCE 11387 7/25/96 ORDINANCE FIRST READING 7/25/96 216-217 218 219 220-224 i 87. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, SECTIONS 401, 2502 -- ADD NEW SECTION 945 -- CODIFY REGULATIONS PERTAINING TO PHARMACEUTICAL LABORATORIES -- [Applicant: Community Planning & Revitalization] -- DIRECT ADMINISTRATION TO PROVIDE MAYOR WITH FURTHER INFORMATION PRIOR TO SECOND READING. 88. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF FIRST READING ORDINANCE: TO AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602 -- RESTRUCTURE PARKING REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT -- [Applicant: Community Planning & Revitalization]. 89. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF FIRST READING ORDINANCE: AMEND CHAPTER 35 OF CODE ---AMEND CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC) --AMENDING ARTICLE VIII TO (COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND) -- DELETE DIRECTOR OF OFF - STREET PARKING DEPARTMENT AS EX- OFICIO NON -VOTING MEMBER OF PARKING ADVISORY COMMITTEE -- REDEFINE SCOPE OF EXPENDITURES OF COCONUT GROVE PARKING TRUST FUND -- RESTRUCTURE SCHEDULE OF FEES AND CHARGES -- AMEND SECTIONS 35-191, 35-192, 35-193, AND 35-194 OF CODE -- [Applicant: Community Planning & Revitalization]. 90. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF FIRST READING ORDINANCE:AMEND CHAPTER 35 OF CODE -- (MOTOR VEHICLES AND TRAFFIC) -- ARTICLE VIII (COCONUT GROVE. PARKING IMPROVEMENTS TRUST FUND) --INCREASE COCONUT GROVE PARKING TRUST FUND BANK OF PARKING SPACES --[Applicant: Community Planning & Revitalization Department]. ORDINANCE FIRST READING 7/25/96 DISCUSSION 7/25/96 DISCUSSION 7/25/96 DISCUSSION 7/25/96 224-226 226-227 227-228 229-230 91. DISCUSSION REGARDING FILLING VACANCY EXISTING IN COMMISSION SEAT (GROUP II). (See label 93) 92. COMMISSIONER PLUMMER INFORMS COMMISSION ABOUT CENTENNIAL CELEBRATION FESTIVITIES, SCHEDULED FOR JULY 28, 1996 -- BIRTHDAY CAKE AND FOUNTAIN EVENT. 93. SCHEDULE SPECIAL COMMISSION MEETING ON TUESDAY, JULY 30, 1996 AT 11 A.M. TO DISCUSS VACANCY EXISTING IN COMMISSION SEAT (GROUP II). (See label 91) DISCUSSION 7/25/96 DISCUSSION 7/25/96 R 96-601 7/25/96 230-233 233 234-235 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of July, 1996, 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 9:02 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Mayor Joe Carollo Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Vice Mayor Wifredo Gort An invocation was delivered by Mayor Carollo who then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: Prior to the beginning of the meeting, Administration withdrew the following agenda items: CA-5, 49, AND 51. Following distribution of the agenda, items 8, 32, 33, 35, 53, 54, 55 were withdrawn. 1 July 25, 1996 Er', ---------------------------------------------------------------------------------------------------------------- 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) DIRECT ADMINISTRATION TO PROVIDE JUSTIFICATION FOR $20,000 ALLOCATED TO COMMISSION ON THE STATUS OF WOMEN; FURTHER REQUEST MANAGER TO INCLUDE CRITERIA USED BY SAID ORGANIZATION IN MAKING THE OUTSTANDING WOMAN SELECTION. (B) PROCLAMATION: JUDGE LEAH SIMMS DAY --FIRST AFRICAN- AMERICAN WOMAN TO SERVE AS FLORIDA JUDGE AND FEDERAL PROSECUTOR. (C) PROCLAMATION: JAMES W. MCLAMORE DAY --PIONEER OF FAST FOOD RESTAURANT INDUSTRY --CO-FOUNDER OF BURGER KING CORPORATION. (D) COMMENDATION: POLICE DETECTIVE WILLIAM CORSER-- OUTSTANDING OFFICER OF THE MONTH (JUNE 1996). (E) COMMENDATION: POLICE OFFICERS A DEHOMBRE--OUTSTANDING TSTANDING OFFICERS FTHE MONTH (JUNE 1996). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We have a few presentations to make before we begin our meeting today. If I may ask Judge Leah Simms to come up, please. There she is. Miller, you're going to read this one. Commissioner Dawkins: Go ahead. Mayor Carollo: No. You're going to be reading this one. Commissioner Dawkins: No, I'm going to let you. Mayor Carollo: No, no, no. You're going to read this one. Commissioner Dawkins: No, you read it. Mr. Mayor and Commissioner Plummer, the Commission on the Status of Women, they decided to honor some people. And I don't know how it was done, but Leah Simms was not honored, and was left out of it. So, Mr. Manager, we gave twenty thousand dollars ($20,000) to the Commission on the Status of Women. I'd like for you to get a written report and give to each of us what the criteria was, what they used to select people with, who they selected, and why. I've gotten too many calls at my house as to why this happened, what we did and why some people were left off. I know why some people were left off. We couldn't cover everybody. But if I know the criteria by which they did this, then I could say, "You were left off because," OK? So since Leah was the first here for something, and this is the Mayor's first meeting, I would like for the Mayor to read this proclamation that we're presenting to Judge Simms. Mayor Carollo: Thank you, Miller. And it says: "Whereas it has been said that the talent of success is nothing more than doing what you can do well, in doing well whatever you do, without a thought of fame; and whereas Leah Simms, Federal Prosecutor in the Office of the U.S. Attorney, is the epitome of the achiever, who, through dedication and professionalism, knows how to reach her goals in life; and whereas among the numerous distinctions this remarkable lady has received stands out her appointment as the 2 July 25, 1996 first African -American woman to serve as a Judge in the history of Florida; and whereas local authorities, on behalf of the community, salute Judge Leah Simms for her efforts and contributions in the dispensation and implementation of the law as well as her concern and commitment to justice; now therefore"... Boy, Leah, this is the first one I'm going to be doing. I'm not used to this. ..."now therefore, I, Joe Carollo, Mayor of the City of Miami, Florida, do hereby proclaim Thursday, July 25, 1996, as Judge Leah Simms Day in Miami." (APPLAUSE) Judge Leah Simms: Thank you. Thank you. Thank you so much. Commissioner Dawkins: OK. Judge Simms: And congratulations. Commissioner Dawkins: OK. Mayor Carollo: We have the honor of having with us this morning Mr. Bruce Greer, who will accepting this proclamation on behalf of James McLamore. J.L., would you read this one? Commissioner Plummer: Sure. Can I put my glasses on? Mayor Carollo: What happens, when you've been around so long, you got to wear glasses. Bi don't feel bad. I'll probably be using them before the end of the year. Commissioner Plummer: I sure don't deny it. Before I read this proclamation, Mr. McLamoi has been in this community and served this community for so long a period of time, it seems lik forever that he has been involved in one way, shape or form, not from a financial standpoint or profit standpoint, but for a community standpoint. And I think it is only fitting this morning th this proclamation reads: "As the 19th Century Englishman of letters, Benjamin Disraeli once said: "The secret of success is consistency to purpose"; and whereas James McLamore, a pioneer of the fast food restaurant industry, co-founder of Burger King Corporation in 1954 is the archetype of the achiever who, through persistence and hard work, knows how to reach his goals. During his fruitful business career, McLamore, president of Fairchild Tropical Gardens, has served in numerous important enterprises, such as Chairman of the Board of Burger King; the Board of Trustees of the University of Miami; Director of Pillsbury Company; Arvida Corporation; Southeast Banking Corp, just to name a few. As recognition of his accomplishments, he has received many awards and distinctions such as the University of Miami Honorary Doctorate of Humanities, Cornell University 1989 Entrepreneur of the Year, the Miami Herald's Spirit of Excellence Award in '87, and many others in his long list of recognitions. Now, therefore, the authorities, on behalf of this community, salute you, Mr. James W. McLamore, for your dedication and your contributions to the enhancement of Miami's business and economic image. And now, therefore, our Mayor, Joe Carollo, does hereby proclaim July the 25th, 1996 as James W. McLamore Day, and urge all of the people of this community to stand up and to say thank you to a man who has given so much of himself." (APPLAUSE) Mr. Bruce Greer: Mr. Mayor and Commissioners, thank you very much, on behalf of Jii McLamore and his wife, Nancy. As everyone knows, I think, Jim has been ill and is unable 1 3 July 25, 195 accept this award. He has meant so much to this community, at the university, at the medical center, and especially in the last five years at Fairchild Tropical Garden, where he has led a renovation of that garden and raised more than ten million dollars ($10,000,000). We are just praying for him to be well as soon as possible, and I think this will just make him feel that much better. So thank you all very much. Commissioner Dawkins: You left out one of the greatest things that he has done, and that is... You left out something. Commissioner Dawkins: He and his wife are and were very instrumental in the Children's Center. Mr. Greer: The McLamore Children's Center. Thank you. Mayor Carollo: So be it. Thank you very much. Very good. If I may have Detective William Corser come up, please. Detective Corser, how are you, sir? Good morning. Let me read the commendation that we have for Detective Corser. "Whereas our law enforcement officers are the guardians of life and property, and defenders of each individual's right to be free; and whereas City of Miami Police Detective William Corser brought honor and prestige to his department when he was selected the most outstanding officer of the month for June 1996; and whereas Detective Corser, assigned to the Central District Investigation Detail spearheaded an investigation into an epidemic of snatch -and -grab burglaries that i started in Miami and spread throughout the entire State during 1994 and 1995, Detective Corser played an active role in Operation Icebreaker, which resulted in 103 arrests"... This has got nothing to do with the Panthers, right? Detective William Corser: No. Mayor Carollo: OK. "And whereas local authorities, on behalf of the community salute Detective William Corser for his dedication and commitment to law and order, now therefore, I, Joe Carollo, Mayor of the City of Miami, Florida, do hereby commend Detective William Corser for his contributions to the safety and well being of the members of our community." On behalf of the City of Miami and the entire City Commission, we're very proud of you, sir. Detective Corser: Thank you. (APPLAUSE) Mayor Carollo: If I may have Officers Oscar Sigler and Jose Dehombre come up here, please. Miller, would you do Officer Sigler, please. And J.L., you're going to do... Commissioner Dawkins: Officer Sigler. Mayor Carollo: You're going to do Officer... Commissioner Dawkins: Officer Sigler? Commissioner Plummer: Every month, this City Commission has seen fit to honor and to pay the respects to the Police Department of what its chosen as the outstanding officers of the month. And the one that I will read this morning is Jose, you've been selected by the Miami Police Department as the most outstanding officer of the month for June of 1996. 4 July 25, 1996 "Where making a team with Officer Oscar sponsored the Eliminate Crime in Schools Essay Contest at Riverside Elementary" - my alumni - "and over 700 students participated, and all outlined their individual plans for creating a safer environment in school; as spearheaded the Junior Swat Camp, where 110 neighborhood kids were taught drug awareness, gun safety, gang resistance, first aid, and the importance of staying physically fit; now, therefore, the local authorities, on behalf of this community, salute you, Jose, for your dedication and commitment toward the well being of the youth of this community. Now, therefore, Joe Carollo, Mayor of the City of Miami, does hereby commend you for your contributions and efforts in the safety of our students on this July 25th, 1996." (APPLAUSE) Commissioner Dawkins: Now, J.L. said there were two officers involved in this, and the other one was Oscar Sigler, and we do say thank you, and this shows that the police officers are not the bad guys that they're painted to be, and that they do have a heart, and they do get involved. And for that, we are very appreciative. (APPLAUSE) Police Officer Oscar Sigler: Thank you very much. ------------------ -------------------------------------------------------------------------------------------- 2. PRESENTATION BY KEITH O. CROSS REGARDING THE CENTENNIAL YEAR'S SUMMER YOUTH PROGRAM --MAYOR CAROLLO ADVISES YOUTH OF THE NEED FOR EDUCATION AND SELF-ESTEEM. Mayor Carollo: Mr. Waters, can you come up and introduce some of the youth that we have here today? Mr. Elbert Waters (Director, NET/Community Development): Yes, Mayor Carollo: Thank you. Mr. Waters: Good morning, Mr. Mayor and members of the City Commission. For the record, my name is Elbert Waters, Director of NET (Neighborhood Enhancement Team), and we have for you this morning some of our representatives from our Summer Youth Programs. They are here to make a brief presentation to this Commission, in gratitude for your support. These kids are involved in a number of special projects. And so without any further ado, I'll ask Mr. Keith Cross to come up and introduce our youth from the City of Miami. Keith. Mr. Keith Cross: Good morning. To the Mayor and City Commission, I'd like to first of all say thank you for honoring a program that's a little bit different this year. The City of Miami decided to do something different and work on some classroom -based projects. This year, the City of Miami will be sponsoring projects that consist of a video documentary, a pictorial documentary, both of which will focus on our Centennial celebration. We're also going to be working on a Teen Help Resource Guide, which is going to help teenagers in our community be able to resource some of the things that plague their own communities. We're also going to focus on a newspaper, which is our journalism project, and we also got youth all over the City in offices, as well as our parks. I'd like now for the youth that are involved in those projects to 5 July 25, 1996 y x+�l a try please stand up. As I said, these are only representatives from most of our five projects. And we're all here today to say thank you for your support, and we look forward to having you all there at our culminating events the week of the 13th through the 17th. Thank you very much. Mayor Carollo: Great. Now, can you all come up here so you can get a picture with us? Maybe if you can get around here, the tallest in the back row, and the shorter in the front row. OK. Let's see. Maybe we could move it a little more this way, make more room. Can we get them all like this, George? Commissioner Dawkins: You know, some need to go... Maybe some could kneel on the floor. Mayor Carollo: OK. We got them all or not? Commissioner Plummer: Get a third row. Mayor Carollo: OK. Let's get a third row, yeah. Let's get a third row and then get them all. Commissioner Plummer: Everybody inhale. Commissioner Dawkins: So be it. OK. Mayor Carollo: I thank all of you for coming here today. And before you go, if we could give you a little bit of advice from a bunch of old fogies up here... That's me, not these two young men here. If there's one thing that you need to do in life, especially now, it's to stay in school. If you stay in school and you graduate, you can become anything you want. The only person that can stop you is yourself. If you don't stay in school, your chances of making it are going to be very, very difficult. So stay in school. That's the right thing to do. Thank you. (APPLAUSE) ----------------------------------------------------------------------------------------------------------- 3. MANAGER REQUESTS TO DEFER AGENDA ITEM 47 (APPROVE PLAT: OAK SHADOW). Mr. Cesar Odio (City Manager): Mr. Mayor, if I may. I've been asked to continue - it's not withdrawn, right, Quinn? - item 47. Commissioner Dawkins: Forty-seven? Mr. Odio: Yes, to continue it to the next meeting. Commissioner Dawkins: What is 47, Mr. Manager? Mr. Odio: Forty-seven is... Commissioner Dawkins: I mean, no, let me... Mr. Odio: It's Tucker Gibbs request here. It's a plat. Mayor Carollo: What item is that again? 6 July 25, 1996 Mr.Odio: Forty-seven. Mayor Carollo: Forty-seven. Mr. Odio: He wants to continue that. Mayor Carollo: OK. Commissioner Dawkins: Why are we continuing it, Mr. Gibbs? Mr. Tucker Gibbs: The reason why I'm requesting it is because I've just gotten back into town from vacation, and I haven't had the opportunity to be able to review this to represent my clients. This is a matter that was before you about two years ago. We took it to court, and we won. It's been remanded back to you, and my clients just told me about it day before yesterday. Commissioner Plummer: I'll move that it be deferred. Commissioner Dawkins: Second. Mayor Carollo: There's a motion, there's a second. Show a unanimous vote. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEM 47 WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort Mr. Gibbs: Thank you. ------------------------------- -------------------------------------------------------------------------- 4. NOTE FOR THE RECORD: COMMISSIONER PLUMMER REQUESTS TUCKER GIBBS, ESQ., TO BUILD IN A FORMULA FOR INCREASES WITHIN HIS PROPOSAL FOR A CHARTER AMENDMENT REGARDING SALARY INCREASES FOR CITY COMMISSIONERS. Commissioner Plummer: (Inaudible, speaking off mike)... agenda about a salary increase for the Commissioners. Mr. Gibbs: Yes. And it's been postponed to the next meeting, also. Commissioner Plummer: All right. May I make a very slight suggestion to you? Mr. Gibbs: Sure. 7 July 25, 1996 Commissioner Plummer: As you know, it's been up in the past. It's been turned down, even though the Herald supported it. I would suggest, since ours is the only Charter in the State of Florida that requires a referendum, that serious consideration, when you put this thing together, is the fact that you build in, as all other cities in the State of Florida, a formula for increases; not what the City elected the officials would want to do for themselves, but what... a CPI (Consumer Price Index) or some kind of formula, and I think that when you do that kind of a scenario, it would be a long range, knowing exactly that no one sitting here would be, in the future, really benefiting. And, of course, the people of the community will decide. Just a suggestion. Mr. Gibbs: I'll take that back to the Village Council. Commissioner Plummer: Just a suggestion. Mayor Carollo: Very good. Thank you, Tucker. Mayor Carollo: Vice Mayor Gort, unfortunately, will not be able to be here this morning. He will not be here until the afternoon session. He is out of the country on business and won't be here till then. So he has asked for items 14, 15, 25, 26 and 44 to be deferred until the afternoon session. That's again item 14, 15, 25, 26 and 44 to be deferred to the afternoon session. [VOTE FOR THE RECORD: At this point, agenda items 14, 15, 25, 26 and 44 were continued to the afternoon session. ---------------------------------------------------------------------------------------------------------------- 5. CONSENT AGENDA ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Now, on the consent agenda, I'd like to pull out of the consent agenda item CA- 1. Commissioner Plummer: You're withdrawing it? Mayor Carollo: Yes. Commissioner Plummer: Or putting it over to the next meeting? Mayor Carollo: No, no. I'm withdrawing it for now. Commissioner Plummer: For today or to the next meeting? Mayor Carollo: For the next meeting. Commissioner Plummer: Fine. Mayor Carollo: Until I meet with the Manager on it. Commissioner Plummer: Fine. I have nothing to pull. The only item I had questioned, the Manager pulled, himself. q July 25, 1996 A Mayor Carollo: OK. Commissioner Dawkins? Anything other that... Commissioner Dawkins: No, let's try to get through it. I mean, I got a lot to... Commissioner Plummer: Predicted on that, Mr. Mayor, I... Mayor Carollo: Well, if there is anything, Miller... Commissioner Dawkins: Oh, no, that's OK. Mayor Carollo: OK. Commissioner Dawkins... Commissioner Plummer: ... has none. Mayor Carollo: You have none. OK. Commissioner Plummer: Predicated on that, Mr. Mayor, I move the adoption of the consent agenda. Mayor Carollo: OK. There's a motion, there's a second by Commissioner Dawkins. Is there anyone from the public that would like to speak on any of the items on the consent agenda? Commissioner Plummer: Call the roll. Mayor Carollo: Is there anyone that would like to speak on any items on the consent agenda, items 2 through 8? Hearing none, the consent agenda passes unanimously. NOTE FOR THE RECORD; ON CONSENSUS OF THE CITY COMMISSION, IT WA TERMINED THAT ANY CONSENT AGENDA ITEM, WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED, AS A REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort 6 July 25, 1996 5.1 ACCEPT BID: APRICOT OFFICE SUPPLIES --FOR OFFICE SUPPLIES FOR CITY- WIDE USE --ALLOCATE FUNDS ($100,000). RESOLUTION NO. 96-542 A RESOLUTION ACCEPTING THE BID OF APRICOT OFFICE SUPPLIES, A BLACK/DADE COUNTY VENDOR, FOR THE PROVISION OF OFFICE SUPPLIES FOR CITYWIDE USE, A CONTRACT BASIS FOR SIX (6) MONTHS, AT A TOTAL PROPOSED AMOUNT OF $100,000; ALLOCATING FUNDS THEREFORE FROM VARIOUS CITY DEPARTMENTS' AND DIVISIONS' OPERATING BUDGETS AT TIME OF REQUISITION; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SUPPLIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.2 AUTHORIZE REHABILITATION OF SEVEN (7) BUSINESSES IN DOWNTOWN TARGET AREA --UNDER CITYWIDE COMMERCIAL FACADE PROGRAM -- ALLOCATE FUNDS ($9,800). RESOLUTION NO. 96-543 A RESOLUTION AUTHORIZING THE ALLOCATION OF NINE THOUSAND EIGHT HUNDRED ($9,800.00) DOLLARS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (PROJECT 799602) FOR THE REHABILITATION OF SEVEN (7) BUSINESSES LOCATED IN THE DOWNTOWN TARGET AREA UNDER THE CITYWIDE COMMERCIAL FACADE PROGRAM, SAID FUNDS TO BE DISBURSED AS HEREIN SPECIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10 July 25, 1996 5.3 AUTHORIZE $33,401.73--GRANT FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT "CITYWIDE SUBSTANDARD BUILDING DEMOLITION (799206)"--TO Y.M.C.A. OF GREATER MIAMI, INC.--FOR PROPERTY AT 401 N.W. 71ST STREET --FOR SATISFACTION OF DEMOLITION LIEN. RESOLUTION NO. 96-544 A RESOLUTION AUTHORIZING A GRANT FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT: "CITYWIDE SUBSTANDARD BUILDING DEMOLITION (799206)", IN THE AMOUNT OF $33,401.73, TO THE Y.M.C.A. OF GREATER MIAMI, INC., FOR THE PROPERTY LOCATED AT 401 N.W. 71ST STREET, IN THE EDISON/LITTLE RIVER TARGET AREA, FOR THE SATISFACTION OF A DEMOLITION LIEN PLACE ON SAID PROPERTY BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.4 ACCEPT PLAT: ENTITLED SEAPORT WITH COVENANT. RESOLUTION NO. 96-545 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED: SEAPORT, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AN STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 11 July 25, 19, 5.5 ACCEPT PLAT: ENTITLED YACHT CLUB, WITH CONDITIONS. RESOLUTION NO. 96-546 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED: YACHT CLUB, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT OT ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5.6 ACCEPT BID: DOCK & MARINE CONSTRUCTION --FOR DERELICT VESSP REMOVAL SERVICES --FOR PUBLIC FACILITIES DEPARTMENT--ALLOCAI FUNDS ($23,400 PLUS $86 PER NAUTICAL MILE TRAVELED). RESOLUTION NO. 96-547 A RESOLUTION ACCEPTING THE BID OF DOCK & MARINE CONSTRUCTION, A NON-MINORITY/LOCAL VENDOR, FOR DERELICT VESSEL REMOVAL SERVICES FOR THE DEPARTMENT OF PUBLIC FACILITIES AT A TOTAL AMOUNT NOT TO EXCEED $23,400.00, PLUS $86.00 PER NAUTICAL MILE TRAVELED; ALLOCATING FUNDS THEREFOR FROM THE SPECIAL REVENUE FUND ENTITLED: "DERELICT VESSEL REMOVAL GRANT PROGRAM" ($23,400), AND SPECIAL PROGRAMS & ACCOUNTS, ACCOUNT NO. 921002, CODE NO. 340 ($11,960, INCLUDING NAUTICAL MILE EXPENSE); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Mayor Carollo: Now, before we move on to the board appointments, can Commissio= Plummer make a motion to approve the minutes of the last meeting? Commissioner Plummer: So move. Commissioner Dawkins: Second. Mayor Carollo: There's a motion and there's a second. Mr. Walter Foeman (City Clerk): Excuse me, Mr. Mayor. We don't have any minute approve for Planning and Zoning today. Mayor Carollo: OK. You don't have any Planning and Zoning? 12 July 25, 1 Mr. Foeman: No. Just on the regular agenda. Mayor Carollo: OK. Very good. Just regular agenda. There's a motion and there's a second. Show a unanimous vote, please. Commissioner Plummer: Are you ready on appointments? Mayor Carollo: We're ready and... Commissioner Dawkins: OK. I'd like to make an observation, if it's in order. The Mayor... The appointments that were made by Commissioner Carollo are void now, and the Mayor has to make new appointments as the Mayor. Now, if the Mayor has had time to sift through applicants, and he's ready to name people, that's good. If not, I would say put this off until September. Commissioner Plummer: Well, Miller, I have no problem with the Mayor having his choice. I would like to make my appointments today and get it over with. Mayor Carollo: And you should. Commissioner Dawkins: Yes, you should. You should. Mayor Carollo: What I'd like to ask, if we could, so we can go through it a lot quicker and not have to come back to it, if we could leave all the appointments for the afternoon session when Commissioner Gort is here. Commissioner Plummer: Fine with me. Mayor Carollo: And we could do them all then. If I have any that I would like to hold off for the next meeting so that I could have more time to interview... Commissioner Plummer: Fine. Mayor Carollo: ... potential nominees, then I would just leave those out. But you all can make yours. I think that's the correct way of going about it. Commissioner Plummer: That's fine with me. Mayor Carollo: So all the appointments that we have in the agenda - that's 2.1 through 2.22 - we will take at the end of the afternoon session and make them then. Commissioner Plummer: That's fine. NOTE FOR THE RECORD: At this point, agenda items 2.1 through 2.22 were continue to the afternoon session. 13 July 25, 1996 ----------------------------------------------------------------------------------------------------------- 6. DISCUSS AND DEFER TO SEPTEMBER 12, 1996 PROPOSED RESOLUTION TO AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS (RFP)--FOR UNIFIED DEVELOPMENT PROJECT ("UDP")-- FACILITY AND OPTIONAL MARINE -RELATED RETAIL, FOOD SERVICE/RECREATIONAL USES --ON 6.6 ACRES OF WATERFRONT PROPERTY AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI--SEE LABEL 76. Mayor Carollo: We're on item number 3. Commissioner Plummer: I move it. Mayor Carollo: Public hearing. There's a motion. There's a second... Commissioner Dawkins: Defer it till this afternoon. I'll be voting against it, and I don't want to kill it. Maybe Willy Gort will vote for it. Defer it until this afternoon. Mayor Carollo: OK. Item 3 will be deferred for this afternoon, also. Make a note of this. Three... Commissioner Dawkins: And the reason... I mean, I'll state my reasoning for those who are here. When we decided that we were moving, I was told that everything that we needed could be put in the new building. OK? Commissioner Plummer: This is Virginia Key, Miller. Commissioner Dawkins: Now, therefore... Mayor Carollo: This is Virginia Key. Mr. Cesar Odio (City Manager): This is the boatyard, sir, Virginia Key. Commissioner Dawkins: The boatyard? Mr.Odio: Boatyard. Mayor Carollo: Yeah, this is item 3, the boatyard. Commissioner Dawkins: OK. Hold it. Wait one minute. Let me get 3 here. Commissioner Plummer: It's the RFP (Request for Proposals). Commissioner Dawkins: RFP. And I know got to make an amendment. Mayor Carollo: That's fine. Then I will pass... I'll second the motion, but I Commissioner Dawkins: May I see your 3, please, Joe? 14 July 25, 1996 NA Mayor Carollo: Yes. It's inhere. Commissioner Dawkins: I can't read mine, because I got mine marked up. But... Mr. Odio: Commissioner Dawkins, can I... Mr. Mayor, can I ask a question? Mayor Carollo: Certainly. Go ahead while Commissioner Dawkins is going over that. Mr. Odio: My concern is not the boatyard, but the Marine Stadium, itself. I go there every morning, and it's getting in worse shape. Now, wait, relax, relax. Commissioner Dawkins: OK.. I'm ready, Mr. Mayor. Mr. Odio: My question is... Mayor Carollo: Yeah. Mr. Odio: ... if it would not be smart to add to this that a bidder could get the boatyard and Marine Stadium, provided that we, of course, have approval of the City, and see if we can get somebody that could tie both together, and do something with that stadium? Commissioner Dawkins: That's my... Mayor Carollo: Well, that's fine but... Commissioner Dawkins: That's my concern. Mayor Carollo: ... have you spelled this out clearly here? Mr. Odio: No, no. This is what I'm saying. But I'm saying that maybe... What I'm asking is amend this RFP, if it would not be smart... Let me tell you why I'm saying this. The bottom line is the Marine Stadium alone will not attract any bidders, that it has to be a combined situation there, or we won't attract bidders for the Marine Stadium. And then you're looking... The other alternative, Mr. Carollo, is that we give the Marine Stadium to the Miami Exhibition and Sports Authority, and spend four million dollars ($4,000,000) in renewing the stadium, which is what it would take, and bring it back to life, because it should not stay as is. That's all. Commissioner Plummer: Noway. Mayor Carollo: Well, we have had some preliminary discussions on that, Mr. Manager, you and I, and Jack. What I think you need to do is to inform the other members of the Commission as to the discussions that we have had. You know that I am very much a believer that we have let that whole basin of Virginia Key be going to waste, when it could be producing major revenue for the City of Miami, and at the same time, be a major attraction for our residents. Mr. Odio: See, for instance... And that's why I got - not confused, but enlightened, I guess - is that there are companies out there that are willing to bring motor boat racing back year-round to that place. Mayor Carollo: But Cesar, see, my concern is this, and I understand that for the last few weeks, I have been so busy that I haven't had the time to sit down with you like I would have liked to, like I normally will do, to go over this issue and many others. But we cannot do things on the spur of the moment, just throwing it up here. We need to plan it out. We have some very concrete, very positive ideas in the Marine Stadium here, and in the horseshoe, to do another 15 July 25, 1996 marina. But we have to make sure that everything is very coordinated. We just can't throw one piece at the last second, and maybe it's going to fall into the puzzle perfect, maybe it won't. Mr. Odio: Well, maybe I should ask... Commissioner Dawkins: Mr. Mayor, may I have the floor please? Mayor Carollo: Yes, Commissioner Dawkins, certainly. Commissioner Dawkins: OK. I agree in total with what's being said. And this proposal here... delete for my vote. It says: "This resolution further selects"... no, I'm sorry. "And the inclusion of future options for the development of adjacent leasehold sites, the Rickenbacker Marina, with 21 acres of waterfront City property." I will not sit here and attach that to this RFP. Twenty-one acres of waterfront property should be bid out on its own. It should not be an option of this RFP. Mayor Carollo: Let's do this. Let's defer this item for the afternoon. You need to sit down and talk to Commissioner Dawkins between now and then. Otherwise... Commissioner Dawkins: No, no. They will have to, for my vote, they will have to delete the inclusion of a future... You're giving these people the right to 21 acres of land, waterfront property, just because they bidded on this. That's not fair. That's not right. In my... Wait a minute. As an elected official, I will not vote for it. Mayor Carollo: Well... Mr. Odio: May I explain it? Because it is... It has to be confusing. Mayor Carollo: Mr. Manager... Commissioner Plummer: It's being deferred. Just let it be. Mayor Carollo: Mr. Manager, please. Look, these are the kind of things that we need to do individually, you meeting with members of the Commission. We do not have the luxury to be getting involved in such discussions in the dais in the meetings. We don't have the time for that, and it shouldn't be like that. We should be ready to have all the "I's" crossed and all the "T's" crossed before we come up here. So... Mr. Odio: May I do this? May I do this? If we are going to do this, then we should do it right. I'd like to maybe bring it back in September and... Mayor Carollo: Well, that's... Mr. Odio: And... But with your... Mayor Carollo: That's what I would suggest. Let's leave it for September. Mr. Odio: But with your permission, that I may have an Option A and B to include the Marine Stadium as a... maybe... Commissioner Plummer: Let us look at it. Mr. Odio: Look at it. 16 July 25, 1996 Commissioner Dawkins: As an outright bid. Not as an option. As an outright second bid. Mr. Odio: Yeah, right. Commissioner Dawkins: But not as an option that because I bid on "A", I'm entitled to "B". Mr. Odio: Mr. Mayor, please, in two seconds that I... Commissioner Plummer: One or both. Commissioner Dawkins: Say what? Commissioner Plummer: One or both. Mr. Odio: Let me explain what the 21 acres are. Mayor Carollo: Gentlemen, gentlemen, gentlemen. Cesar, look, we're going to leave it for September and... Mr. Odio: OK. I'll explain it then. Mayor Carollo: We will leave it for September. Item number 3 is deferred till September, and Commissioner Dawkins makes the motion. Commissioner Dawkins: Second. I mean... Mayor Carollo: Plummer seconds the motion. It's a unanimous vote to defer it for September. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-548 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NUMBER 3 (PROPOSED ISSUANCE OF REQUEST FOR PROPOSALS [RFP] FOR UNIFIED DEVELOPMENT PROJECT CONSISTING OF THE DEVELOPMENT OF A BOAT YARD FACILITY AND OPTIONAL ANCILLARY MARINE RELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES ON APPROXIMATELY 6.6 ACRES OF CITY OWNED WATERFRONT PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA AND THE INCLUSION OF A FUTURE OPTION FOR THE DEVELOPMENT OF THE ADJACENT LEASEHOLD SITE, THE RICKENBACKER MARINA WITH 21.448 ACRES OF WATERFRONT CITY OWNED PROPERTY, LOCATED AT 3301 RICKENBACKER CAUSEWAY); FURTHER DIRECTING THE CITY MANAGER TO BRING BACK THIS ISSUE ON THE MEETING SCHEDULED FOR SEPTEMBER 12, 1996; FURTHER DIRECTING THE CITY MANAGER DURING THE INTERIM TO CONSIDER TWO SEPARATE REQUEST FOR PROPOSALS (RFPs), ONE FOR THE 6.6 ACRES AND THE SECOND FOR THE 21.44 ACRES; FURTHER REQUESTING THE CITY MANAGER TO MEET WITH EACH MEMBER OF THE CITY COMMISSION REGARDING SAME. (Note for the Record: This motion was later reconsidered. See M-96-598 and M-96-599.) 17 July 25, 1996 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. j Mayor Joe Carollo { NAYS: None. ABSENT: Vice Mayor Wifredo Gort Mayor Carollo: Item number 4, we're going to have to leave for the afternoon, because it requires a four -fifths vote. NOTE FOR THE RECORD: At this point, agenda item 4 was tabled, ---------------------------------------------------------------------------------------------------------- 7. AUTHORIZE $93,104 INCREASE IN PROFESSIONAL SERVICES CONTRACT FROM $149,500 TO $242,604 -- FOR COASTAL SYSTEMS INTERNATIONAL, INC. -- FOR MIAMARINA IMPROVEMENTS -PIERS A,B,C,H-1014 (CIP PROJECT 413400). Mayor Carollo: We're on item number 5. Commissioner Plummer: Move it. Mayor Carollo: There's a motion. Commissioner Dawkins: Second. Mayor Carollo: Second. All saying aye, signify by saying "aye." The Commission Collectively: Aye. 18 July 25, 19r- The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-549 A RESOLUTION, AFTER A DULY ADVERTISED PUBLIC HEARING, AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $93,104.00 IN THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA, AND COASTAL SYSTEMS INTERNATIONAL, INC., DATED MARCH 21, 1995, THEREBY INCREASING SAID CONTRACT FROM $149,500.00 TO $242,604.00 FOR THE CAPITAL IMPROVEMENT PROJECT ENTITLED: "MIAMARINA IMPROVEMENTS - PIERS A, B AND C, H-1014"; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 413400 AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 8. FIRST READING ORDINANCE: AMEND CODE --ARTICLE IV, CHAPTER 54--AMENDING SECTION 54-84 (NAMES OF DRIVES AND ROADS) -- CHANGE SOUTH BAYSHORE DRIVE BETWEEN SOUTHEAST 8TH STREET AND SOUTHEAST 15TH ROAD TO BRICKELL BAY DRIVE. Mayor Carollo: OK. We're on item number 6. Commissioner Plummer: Move it. Mayor Carollo: Motion. Commissioner Plummer: Move it. Commissioner Dawkins: Second. Mayor Carollo: There's a second by Commissioner Dawkins. Commissioner Plummer: Read it. A. Quinn Jones, III, Esq. (City Attorney): It's an ordinance. 19 July 25, 1996 Mayor Carollo: It's a first reading ordinance. Can it be read, Mr. City Attorney? Mr. Jones: Yes (reading). Mayor Carollo: This is on first reading only. Mr. City Clerk, can you read the roll call, please? An Ordinance entitled - AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 54, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTION 54-84 ENTITLED "NAMES OF DRIVES AND ROADS," BY CHANGING THE NAME OF SOUTH BAYSHORE DRIVE BETWEEN SOUTHEAST 8TH STREET AND SOUTHEAST 15TH ROAD TO BRICKELL BAY DRIVE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED ANGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR INCLUSION IN THE CITY CODE. was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Walter Foeman (City Clerk): Second roll call. Mayor Carollo: No. This is first reading only. Commissioner Plummer: No. First reading. Mr. Foeman: I'm sorry. I'm sorry. I stand corrected. Mayor Carollo: First reading only. 20 July 25, 1996 02 ---------------------------------------------------------------------------------------------------------------- 9. (A) DISCUSS AND DEFER PROPOSED RESOLUTION REALLOCATING $100,000 FROM FY 1996-1997 HOME MULTIFAMILY NEW CONSTRUCTION PROGRAM AND $378,000 FROM FY 1996-1997 HOME ASSISTED COMMUNITY HOUSING DEVELOPMENT ORGANIZAITON (CHDO) PROGRAM --TO INCREASE HOME MULTIFAMILY REHABILITATION LOAN PROGRAM --SEE LABEL 54. (B) MAYOR CAROLLO REQUESTS OF THE CITY MANAGER TO ASSIGN A MEMBER OF HIS STAFF TO MEET WITH EACH MEMBER OF THE CITY COMMISSION AND GO THROUGH THE ENTIRE AGENDA BEFORE BRINGING AGENDA ITEMS TO THE PUBLIC. Mayor Carollo: OK. We're on item number 7, resolution. Commissioner Plummer: Move it. Commissioner Dawkins: Sec... Mayor Carollo: There's a motion... Commissioner Dawkins: Oh. I'll second it for discussion. Mayor Carollo: There's a second for discussion. Discussion. Commissioner Dawkins: Mr. Manager, I've been complaining that I do not have any new construction in the City of Miami, no housing. And I have said over and over that we need new homes, and we do not need to rehab any more - as what Mr. Bernie Dyer used to call it - germ city apartments. We don't need to do that anymore. Now, you see, I'm talking to the Manager, and the Manager's talking to everybody else. That's why when I ask for something, I don't get anything done. See, now, Mr. Manager doesn't know what I'm saying, because he's got two people now, one in each ear. OK, now? Unidentified Speaker: Yes, ma'am. Commissioner Dawkins: Now, when this money came to the City Commission, the City Commission decided that "X" dollars would go into new construction, and "X" dollars would go into rehabing. We decided that. Now, the Manager wants to take a hundred thousand dollars ($100,000) from this new home that we allocated, and three hundred and seventy thousand ($370,000) from new homes to put into... and also two hundred and seventy thousand dollars ($270,000) from the Home Investment Partnership, and put into the rehabing of multifamily homes. I cannot vote to do this, because we said new homes. Mr. Cesar Odio (City Manager): Yes, sir, but I'm ask... I'm begging, I guess. You're going to rehab 94 substandard homes, bring them up to standard, 94. Commissioner Dawkins: No, wait a minute. Substandard homes or substandard apartments? Wait a minute, now. 21 July 25, 199C ME i a j Mr. Odio: Substandard housing. Commissioner Dawkins: Ninety-four substandard... Mr. Odio: Apartments, apartments. I'm sorry. Apartments. Commissioner Dawkins: OK? Mr. Odio: But we're bringing up... By improving this... Commissioner Dawkins: All right. Where are they located? Mr. Odio: Can you tell him where, exactly where they are located? Mr. Elbert Waters (Director, NET/Community Development): Yes. These units are located in Overtown, Little... Commissioner Dawkins: Ninety-four units in Overtown? Mr. Waters: No, no, sir. Let me... They are located in downtown, Over... Commissioner Dawkins: Downtown where? Mr. Waters: The address... Commissioner Dawkins: Hold it. That's the one I want. Downtown where? Mr. Waters: The address is 282 Northeast 2nd Street. Commissioner Dawkins: You know what that is? Mr. Waters: They're 42 units. Commissioner Dawkins: You know what that is? In case you don't know, you want me to tell you what it is? Mr. Waters: Go ahead, sir. Commissioner Dawkins: The Congress Building that they been trying to rehab for 20 years. The Congress Building that is falling... Commissioner Plummer: What's the building? What address? Commissioner Dawkins: Wait a minute, because I promised my wife I... Mr. Waters: The address is... Commissioner Dawkins: Wait a minute. Mr. Waters: Excuse me. Commissioner Dawkins: I promised my wife I wouldn't get emotional. Hold on for a minute. Hold on for a minute here. Just hold it one minute. I told my wife I would not get emotional. OK. Hold on. 22 July 25, 1996 Mr. Odio: Miller, it's not... Commissioner Dawkins: Wait a minute. Mr. Odio: It's not the Congress Building. Commissioner Dawkins: No, wait a minute. Y'all... See, wait, now. Y'all have to let me keep my promise to my wife. OK? Cool it. Now, the Congress Building is falling down on the Metromover. You've just given thirty - wait, now - sixty-five thousand dollars ($65,000) to a developer to build one -family apartment buildings in the Olympic Building. Now, how much is it going to cost to rehab each of these units in the Congress Building? Mr. Odio: It's not the Congress Building. Commissioner Dawkins: It is the Congress Building. Mr. Waters: Sir, if I may. Commissioner Dawkins: Yes, sir. Mr. Waters: Again, the address is 282 Northeast 2nd Street. There are 42 units. There is retail that was previously in that structure that's being converted to housing. Mr. Odio: Correct. Mr. Waters: So... Commissioner Dawkins: And... 242 what, now? Mr. Waters: 282 Northeast 2nd Street. Commissioner Dawkins: OK. OK. I will go see that, and you have money for rehabing. We allocated money for rehabing. When we took this money for new housing, we allocated money for rehabbing. Mr. Waters: Yes, sir. Commissioner Dawkins: No, wait a minute. Commissioner Plummer: This is not the Congress Building. Commissioner Dawkins: I want to deal with the Manager. I don't want to deal with you, please. And I'm not being disrespectful to you, sir, but I pay the Manager. OK? And the Manager has to respond tome. OK? Mr. Odio: Yes, sir. What happened is that... Commissioner Dawkins: And I don't want from this... this Commission on, please, I want the Manager to respond to the questions that I have, and you guys will have to get with the Manager prior to the meeting, so that he's aware of what we're doing. OK? Mayor Carollo: Well... 23 July 25, 1996 j:9GG§ar�, Mr. Odio: This has been going around for a long time. What happened, this was a commercial building. Commissioner Dawkins: What is it? What commercial building? Mr. Odio: It's owned by... Commissioner Dawkins: OK. Defer this until I can go out and see it, please. Mr. Odio: OK. It... Commissioner Dawkins: But I will be voting... I will not take any new money. Mr. Odio: You know what we're doing here? Exactly what we did with the Olympia Building. Commissioner Plummer: Fine. He's deferring it. Don't push a dead horse. Commissioner Dawkins: Defer it until I can go out and see it. Mayor Carollo: He's deferring. Commissioner Dawkins: What is the address? Mr. Odio: Give him the address. Mr. Waters: The address, again, sir, is 282... Commissioner Dawkins: 282. Mr. Waters: ... Northeast... Commissioner Dawkins: Northeast. Mr. Waters: 2nd Street. Commissioner Dawkins: 2nd Street. Commissioner Plummer: It's right behind the Everglades Hotel. Mr. Waters: And the proposal is for 42 units. Commissioner Dawkins: Behind the Everglades Hotel? Commissioner Plummer: The old Greyhound. It's right behind it. Unidentified Speaker: The old Greyhound Station. Commissioner Dawkins: Hmm? The old what? Unidentified Speaker: The old Greyhound, the back of the Greyhound. Commissioner Dawkins: OK, no problem. Go ahead. OK. 24 July 25, 199( Mayor Carollo: There's a motion by Commissioner Dawkins, second by Commissioner Plummer for deferment. Show a unanimous vote for deferment on item 7. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, ITEM 7 WAS CONTINUED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort Mayor Carollo: Mr. Manager, let me make a suggestion, to make the meetings run a lot smoother, and to try to carry them in the most dignified way that we can. It's no way to run business when individual Commissioners are not briefed fully to key items that are coming in the agenda. May I suggest, sir, that before every meeting, you provide sufficient staff, or at least assign one individual from your staff to each member of the Commission that will be responsible in going through every part of the agenda, so that if a Commissioner has any questions, any problems with any item on the agenda, they will have the opportunity to discuss it with you, to go over it with you, so that we could save a lot more time before we bring it up here before the public. We don't need to go through a lot of what we have been going through in front of the public. I think that, you know, Miami deserves more than that. So item 7 has been deferred. Mayor Carollo: Personal appearances, number 8... Commissioner Plummer: ... is withdrawn. Mayor Carollo: ... has been withdrawn. NOTE FOR THE RECORD: At this point, agenda item 8 was withdrawn, Mayor Carollo: Number 9, representatives from the United Way of Dade County to address the Commission, to present the Belafonte/Tacolcy Park Improvement Project. Mr. Cesar Odio (City Manager): They're not here. Commissioner Plummer: Not here. Mayor Carollo: Not here. Commissioner Plummer: Defer it till the next meeting. Commissioner Dawkins: Second. Mayor Carollo: OK. That will be deferred. Well, we don't have to vote upon it to be deferred. 25 July 25, 1996 NOTE FOR THE RECORD: At this point, agenda item 9 was called or discussion, an the record was marked to reflect no appearance by interested parties. ------------------------------------------------------ -------------------------------------------------------- 10. (A) PERSONAL APPEARANCE: ROBERT MASRIAH TO DISCUSS STATUS AND PROGRESS OF COCONUT GROVE PARKING ADVISORY COMMITTEE. (B) DIRECT ADMINISTRATION TO PROVIDE COMMISSIONERS A LIST OF AVAILABLE PHANTOM PARKING SPACES --DEVELOP PLAN TO ALLEVIATE INADEQUATE PARKING PROBLEMS IN DOWNTOWN COCONUT GROVE SPECIALLY DURING WEEKEND NIGHTS -- USE VACANT PROPERTY ON NORTHERN CORNER OF PAN AMERICAN DRIVE ENTRANCE TO CITY HALL FOR PARKING DEVELOP PLAN TO CHARGE AND USE PARKING AREAS FRONT AND BACK OF COCONUT GROVE CONVENTION CENTER DURING WEEKEND NIGHTS --PROVIDE INFORMATION TO COMMISSIONERS ON USE OF TROLLEY SERVICES --SCHEDULE THIS ISSUE AS AN AGENDA ITEM FOR SEPTEMBER 12, 1996 MEETING. Mayor Carollo: Now we have Mr. Robert Masriah, chairman of the Coconut Grove Parking Advisory Committee to address the Commission. Mr. Robert Masriah: Good morning, Mr. Mayor, Commissioners. May I congratulate you, Mr. Mayor, on your new office. Mayor Carollo: Thank you, thank you. Mr. Masriah: My name is Robert Masriah. My address is 2980 McFarlane Road, Coconut Grove. I've been asked to appear before you this morning as chairman of the Coconut Grove Parking Advisory Committee, and I am pleased to do so. First, I'd like to say that I'm extremely proud of the committee. We have averaged 12 meetings a year, spent a tremendous amount of time dealing with the old ordinance, collection problems, residence issues, and the new ordinance which is being presented to you this afternoon. Due to the lengthy agenda that you have before you, I took the liberty of providing you all with the written report last week which outlines the workings and actions of the Coconut Grove Parking Advisory Committee. However, I'll be happy to answer any questions you might have. Commissioner Plummer: I read your report, and I think for the general public, who don't have the opportunity to read the report as we did, I think it's important that you give a very brief update as to where parking in the Grove is, and going. Mr. Mayor, I think that's very important, because you, among all of us, constantly get calls, when is something going to happen, and I think if you can bring us up to date. We hear about the Farmstore, we hear about this, we hear about that, but you're the chairman, and I'd like to hear a two -minute capsule from you. Mr. Cesar Odio (City Manager): Excuse me, sir. There is an amendment to the parking ordinance that's in the Planning and Zoning meeting tonight. 26 July 25, 1996 Commissioner Plummer: That's correct. Mayor Carollo: That's correct. Mr. Masriah: At the present time, as of June 30th, the trust fund had collected a million seventy- six thousand odd dollars ($1,076,000). As far as the actual creation of parking, it has had a contract, the Off -Street Parking Authority has had a contract for the last two years on the so- called Farmstore site, has been in recent negotiations with the Lennar property next door to it to create an efficient, approximately 400-car garage. Unfortunately, for the last two years, the reason for the delay with the Farmstore site has been the environmental issue, which is getting closer to being resolved, but still has not. As soon as that issue is resolved and negotiations with Lennar are finalized, which I believe will be forthcoming in the near future, a garage can be built in that vicinity. The secondary issue has been how to fund it, and that is the real purpose, along with addressing the other issues that had needed to be dealt with within the ordinance that were inadequate. With the new ordinance, we would get additional funding available, which would get us to the bridge financing necessary in order to proceed with such a facility. Commissioner Dawkins: Pardon me. I need to do this. Mr. Masriah: Certainly. Commissioner Dawkins: You said additional funding. Mr. Masriah: Through the adoption of the new ordinance that will be before you this afternoon. Commissioner Dawkins: And the new ordinance - what? - that's the one that adds the 170 parking? Mr. Masriah: No. It would have no cap on... Oh, you're referring to the 170 that's been before you in the past? That isn't the item. This would be a totally revised ordinance, which Mr. Luft, I'm sure, will be presenting to you later. Commissioner Dawkins: Well, how would... I'm not following... Mr. Masriah: It raises the cap entirely. Commissioner Dawkins: ... the way we're going to acquire additional funding. How? Mr. Masriah: Because we would eliminate the cap of 1,000 that has been in place. Commissioner Dawkins: So what you do is, I said, no, we couldn't put 170, so you come back with an ordinance that says we will eliminate the cap, then you automatically go up to 170. You know, I'm going to tell all of you, I said it at the beginning, and I will say it now. We are constantly taking in money for phantom parking spaces. Now you want a... You don't want to be able to cap the phantom parking spaces. You just want to continue to take in money with a promise that we're going to build a parking space someday in the near future. OK? Now, if this board and I are going to cooperate, take the money that you have now, and do some parking spaces, and then worry about additional money and not having a cap, because all we're doing is creating - creating - a fund. I don't even know where the interest goes. If the interest goes into it, it's compounding. Mr. Masriah: It's compounding, sir. 27 July 25, 1996 Commissioner Dawkins: OK? But we are not building any parking spaces. Mr. Masriah: We have been stymied. OK? Commissioner Dawkins: OK, yes, sir, yes, we have. Mr. Masriah: We have been stymied. Commissioner Dawkins: And you... And I take my hat off to you. You are the first one to come here to attempt to get it to move. And I take my hat off to you, but... Mr. Masriah: I think we are close, Commissioner, and I think we need a little more patience to see it through. It has been a difficult ordeal for all the committee, as well as, I am sure, for the community. I believe that through the planning study that was initiated by the City of Miami and completed recently for Coconut Grove, that a lot of the other issues pertaining to parking, traffic, residence issues percolated through that and allowed our committee, working with the Planning Department, to create this new ordinance that is going to be before you later this afternoon, that addresses, what I believe, is an entire community concern over these issues. At our recent June meeting, we had nine members, which is the complete board, and a unanimous endorsement of the Planning Department's revised ordinance. Our board, as you know, is made of a complete spectrum in Coconut Grove. I think that says well of it. I think we need to ask you for more patience for a short period of time. I do not believe this thing to be going on for another three years. I certainly don't want to be spending another three years work on this item without seeing results. My purpose, actually, is to see that we get some results, and then leave it to others to handle thereafter. But at this point, we are very close, in my opinion. Commissioner Dawkins: OK. Just for the sake of discussion, with the cap off, and for three years, how many phantom parking spaces will we collect for that we would not have built in three years, approximately? And I... We'd have to get that from Jack, because I know you wouldn't know. Mr. Masriah: I think it would be better from Mr. Luft, because they have a list of estimates, as well as waiting lists, which I'm not privy to at this moment. Commissioner Dawkins: Well, Mr. Mayor and Mr. Plummer, until they break ground for a parking facility that's going to ease the parking, I guess south of Commodore, and that's going to give some relief to the neighbors in that area where people park on their lawns and block up their streets - they've got enough money to start doing that then, I'm in favor of addressing whatever else we're talking about. But until then, I just don't... I cannot go along with this. Mayor Carollo: Well, let me suggest to the Manager that he do the following. We have a piece of property right in front of City Hall in the entrance of Pan American Drive on the right-hand side. We are losing hundreds of thousands of dollars of revenue every year on that property. Every day, and particularly at nights, that lot is full of vehicles parked there illegally for the hotel next door, for all the buildings next door, revenues that we're losing for the City of Miami. Now, if we would pave that lot, and place lights there, and bring it up to standard, we could have a couple of trolleys going back and forth to downtown Coconut Grove. We could charge all the people that park there now for free, and that lot can bring a hefty revenue to the City of Miami. It's close enough to downtown Coconut Grove that it will work, and at the same time, once we build up the rest of our waterfront here, we will be able to use it for the other projects that we have. Downtown Coconut Grove is at a very serious crossroads right now. If we do not provide the adequate parking that we need, you're going to have people that are just going to get tired of coming and not finding a parking space. You know, my heart goes out to the neighbors in that area, what they have to go through practically every night, and particularly on weekend nights, if 28 July 25, 1996 any of us would be living there, we wouldn't put up with it. So we have to start planning r now to try to resolve that situation in the next few months. We have to alleviate the par: situation there, because if we don't, a couple of years down the road, we're going to hay major loss of businesses beyond the ones that we had in Commodore Plaza in downti Coconut Grove, because we're having the Bakery Center that's going to open up in about a and a half, two years down the road, and if we don't make provisions now, and if we don't to rebuild and reconstruct downtown Coconut Grove, we're going to lose a lot of our busine: lot of our clients to the Bakery Center. So we need to start making that plan now, Mr. Manag Mr. Odio: We have some FEMA (Federal Emergency Management Agency) monies to do parking now. It is in the process, to do this one, and I want to tie it to the one on Virrick, the across Monty's. That should be also taken over. Mayor Carollo: We have discussed all that. But I want to take... Mr. Odio: So we.. that is... this one is in the process. Mayor Carollo: But I want to take this one right now. Mr. Odio: We have that... Mayor Carollo: Yeah, but you've been telling me this since I practically got elected November. Mr. Odio: I... We will bring back awards, because we... Mayor Carollo: Do you have an amount of what it would cost to do that lot? Mr. Odio: Three hundred and some thousand dollars. Mayor Carollo: OK. How many parking spaces can we get there? Mr. Odio: I don't know. One hundred and twenty-one. Mayor Carollo: Is that all, 121? Mr. Odio: With landscaping, and the lights, and all that. Mayor Carollo: OK. Now, besides that space there, why can't we use also, in addition to parking lot, begin to use now the parking spaces that we have behind the Convention C here, and do the same thing? Mr. Odio: You mean over here? Mayor Carollo: Yes, right here, next door to City Hall, we have the Convention Center. Mr. Odio: We are doing that on event days. We close off, and we charge. Mayor Carollo: Yeah, but that's on event days. I'm talking to plan it so we can close the weekend nights, beginning now, and be able to use some kind of trolley service. Basica think you need two, so we could do it every 15 minutes or every ten minutes, if need be, th back and forth. . Mr. Odio: Clark Cook, who has the first rights, you looked... 29 July 25, Mayor Carollo: I mean, that's all done. That's paved, it's lit. Mr. Odio: You looked at that, right? Mayor Carollo: All we have to do is just enclose it. Mr. Odio: Tell him the ones that you looked at. Mr. Clark Cook (Executive Director, Off -Street Parking): Commissioners, on the Convention Center, we've already made a proposal, and we're already in the process of doing that. I think we'll be in a position to do that within a matter of days, not weeks, not months. I think it's... Mayor Carollo: Well, that's why I'm saying that. Mr. Cook: In fact, I was just talking to Christina over there about it, was fixing to talk to her about it. I think we're in a position to do that. We haven't arranged for a trolley service, we haven't arranged for a trolley service on the other area. We've talked about that with the City Manager. I have some real concerns with the ability of a trolley service to work down there, but that's not important. We'll look at the trolley service, we'll provide the City Manager with the information on that, and we'll do it. Today is Thursday. We'll have some information to him by Monday. So I don't see any reason, providing the City starts the construction, which I think is key on the Pan American Avenue lot, and "no -parking" signs go up on Pan American Avenue, on the street, and we've put the people into that area, I think we'll see a difference. I think you should know as a... I don't mean to pretend that I'm a parking expert, and I don't want anybody to assume that because I'm standing... Mayor Carollo: Well, they have told me you are, Clark, so. Mr. Cook: My concern, having looked at Coconut Grove for a long time, and having a great deal of respect for Commissioner Dawkins' feelings... And I understand how he feels. It looks like we're collecting this money, and sitting there, and not doing anything. Mayor Carollo: Well, he's right. Mr. Cook: And he's got a valid point. My concern is, though, the type of things that have to be done. The Grove, center Grove area, we've had the consultants look at it for a number - number of times. The traffic is coming in South Bayshore. The traffic is coming in 27th Avenue. The traffic is coming in on Mary Street and 32nd Avenue. They have recommended interceptor garages. Unfortunately, to make the economics work... And we've done a lot of studying on that, and would be glad to provide that to anyone who would like to. I think I have sent the Commission copies. To make the numbers work where it's even close to a break even - and if it wasn't that way, the private sector would be building them like mad - we need to have somewhere in the neighborhood of a 400-car parking garage, based on the price of land, probably around two million dollars ($2,000,000) contribution, which will make it a break-even facility. My point is, collecting the money, compounding the interest and holding it, the way the committee - the board - has done, is basically, waiting for something to appear that we can... We are very close to having that garage. The Mutiny situation, on a joint venture with the Mutiny is very close. As soon as those people close, we can sit and talk to them, because that would be another interceptor garage, that we could build on. They may need 400 spaces, we add 200... Mayor Carollo: Well, they're very amenable to doing something with us. Mr. Cook: And we are ready to talk. 30 July 25, 1996 Mayor Carollo: I met with the new owners about a week and a half ago, and they expressed that. Mr. Cook: But I need to have a source of money piled up in that pile that we can go in, with the committee's approval, of course, and reach. Commissioner Dawkins: Mr. Cook. Mr. Cook: Yes, sir. Commissioner Dawkins: What is an interceptor garage? Mr. Cook: An interceptor garage, Commissioner, is a garage that stops people before they get into the heart of the Grove. In other words, it would stop the people before they drove their car into the Grove. Commissioner Dawkins: Well, if you put... Where would you put the first interceptor garage? Mr. Cook: My recommendation and the consultants recommendation would be at Oak and Mary. Commissioner Dawkins: Oak and Mary. Mr. Cook: Yes, sir. Commissioner Plummer: That's the Farmstore. Commissioner Dawkins: And people would walk from Oak and Mary to the Taurus? Mr. Cook: No, they would not. Commissioner Dawkins: Well, how would they get there? Mr. Cook: They would not get to the Taurus from there. We have lot 6 next to the courthouse, which is not full at night, and that's available. Commissioner Dawkins: Well, then... But I mean... OK. What "consultancy" do we have that says enough cars will stop at that garage to pay for it? Mr. Cook: We have a consultant's study... Commissioner Dawkins: See, you're just telling me that it's going to be an interceptor garage, but you do not show me where this is going to benefit the overcrowding from Commodore Bay south... I mean Commodore Plaza south. Mr. Cook: No, sir, it will not. Interceptor garages... Commissioner Dawkins: Well, then... But that's what we started to do. Mr. Cook: All right. But let me... Commissioner Dawkins: And for three years, we've been talk... That was our original goal, Mr. Cook. 31 July 25, 1996 Mr. Cook: Well, responding, again, to the committee, interceptor garages, you'd need more than one interceptor garage. But I want to be sure.., Commissioner Dawkins: Well, then, why didn't you put the first interceptor garage down south... down south? Why you got to put it up here? Mr. Cook: Because the majority of the people coming to the Coconut Grove is coming from the north, not the south. Commissioner Dawkins: OK. All right. This money that you need as seed money, where are you going to get it from? Mr. Cook: From the fund. Commissioner Dawkins: From where? Mr. Cook: From the fund. Commissioner Dawkins: And you're going to pay them prime plus what? Mr. Cook: Well, I wasn't planning on paying prime plus anything, because it won't make any money. Commissioner Dawkins: What, sir? Mr. Cook: What we would do... Commissioner Dawkins: No, no, no. If you borrow money from the fund, you're going to pay interest back. Prime plus what? Mr. Cook: Commissioner, we're not going to borrow money from the fund. Commissioner Dawkins: What are you going to do, then? Mr. Cook: The fund would make a donation to the parking facility. The bond, the four million dollars ($4,000,000) in bonds would be sold, and we would be able to bond. That's the only way you're going to build the garage that makes it a break-even garage. Mayor Carollo: Well, let's do this so we can move on. Commissioner Dawkins: OK. Go right ahead. Mayor Carollo: Clark, by Monday of next week, you're coming with a concrete plan so we can put this parking area to use immediately, right? Mr. Cook: Talking about busing... the bus... I'll have something by Monday. I will get the City Manager a letter from me, or a note from me by Monday, late Monday afternoon, saying what the bus facilities for parking... Mayor Carollo: OK. I want a copy of that, and then I want to have a meeting between yourself, the City Manager and myself. Mr. Cook: Sure, be glad to. 32 July 25, 1996 Mayor Carollo: So we can get this place working right away. Mr. Cook: I'll be there right away. Mr. Odio: Mr. Mayor... Mayor Carollo: Secondly, Mr. Manager, once he presents that, if it meets with our approval, you could initiate that right away. You don't need Commission approval for that. Mr. Odio: OK. No, the one up here, in Pan American Drive... Mayor Carollo: That, you need Commission approval for. Mr. Odio: No, on, sir. Mayor Carollo: Yes, you do, to spend money on that. Mr. Odio: No. The contract has been awarded. I put it on hold because we were waiting to see if we could obtain an additional grant from FEMA of a hundred thousand ($100,000). I can release the contract where they can start work there within a week. Mayor Carollo: Well, how long will you know if we're going to receive another hundred thousand dollars ($100,000) from FEMA? Mr. Odio: Grant, what do you think? Mr. Grant Sheehan: They have officially given me an additional seventy thousand dollars ($70,000), and refused to give me some of the other code upgrades, so we went into appeal. They had 60 days to appeal, and it's been about 40 days, so another 20 days before I get an answer from them. Mr. Odio: I'd rather... Mayor Carollo: Well, we have no problem in waiting the 20 days. We're not going to be able to take any final action until September when we come back, anyway. Mr. Odio: You won't need to take any... If we get the... Mayor Carollo: Well, I realize that we had approved the funds for that already, but... Mr. Odio: Right. Mayor Carollo: ... there are some final actions that we need to make, and I'll discuss that with you later. But we want this on the agenda for September. OK. Mr. Masriah: Anything further? Mayor Carollo: I don't think so. Thank you very much for your presence here today. Mr. Masriah: You're quite welcome. Thank you. Mayor Carollo: You have a good day. Mayor Carollo: Item number 11 and number 12 require a four -fifths vote, so we'll leave that for the afternoon. 33 July 25, 1996 ME NOTE FOR THE RECORD: At this point, agenda items 11 and 12 were continued tot e afternoon. Commissioner Dawkins: Thirteen is what? Mayor Carollo: Thirteen is a second reading on the ordinance that... Commissioner Plummer? Well, I'll tell you what, we're going to take a five minute recess while we're waiting for Commissioner Plummer to come back. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 10:03 A.M. AND RECONVENED AT 10:08 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING VICE MAYOR GORT, FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 11. (A) SECOND READING ORDNANCE: AMEND CHAPTER 42 OF CODE --ESTABLISH MAXIMUM TOWING AND STORAGE RATES CHARGED FOR RECOVERING/TOWING/REMOVING/STORING MOTOR VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION OF OWNER OF PROPERTY. (B) DIRECT ADMINISTRATION TO PROVIDE REPORT TO COMMISSIONERS LISTING SHOPS SELECTED TO REPAIR CITY VEHICLES --IDENTIFY IF REPAIR SHOPS ARE WITHIN CITY LIMITS --FURTHER, INSTRUCT ADMINISTRATION TO ENSURE THAT CITY VEHICLES ARE REPAIRED BY SHOPS WITHIN CITY LIMITS. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We're on item number 13. Commissioner Dawkins: Move it. Mayor Carollo: It's a second reading ordinance. Commissioner Dawkins moved it. Commissioner Plummer: Second. Mayor Carollo: Commissioner Plummer seconds it. The City Attorney can read it, please. Call the roll. 34 July 25, 1996 An Ordinance entitled - AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ESTABLISHING MAXIMUM TOWING AND STORAGE RATES THAT MAY BE CHARGED BY BUSINESS ESTABLISHMENTS ENGAGED IN THE PRACTICE OF RECOVERING, TOWING, REMOVING AND STORING MOTOR VEHICLES WHICH ARE PARKED ON PRIVATE PROPERTY IN THE CITY OF MIAMI WITHOUT THE PERMISSION OF THE OWNER OF THE PRIVATE PROPERTY; MORE PARTICULARLY AMENDING SECTIONS 42-74, 42-78, 42-80; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. passed on its first reading, by title, at the meeting of May 23, 1996, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Dawkins, 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 Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11382. 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: If I may, Mr. Mayor. Mr. Manager, may I inquire? We told you about two months ago when you brought to us City vehicles to be repaired, you were taking off of a County contract, of the ten firms, eight of them were out of the City, and we told you to immediately get local City repair shops to do the work. I am told by a number of these shops, they have not been contacted. They will definitely meet whatever is the going rate, and I would like a report from you, sir, within the next week or so, telling me which ones you've chosen, or you've put it out to bids, or what, because some of our people in this City are hurting. Thank you. Mayor Carollo: OK. Item 14 and 15... Commissioner Plummer: Hold. Mayor Carollo: ... will be deferred until the afternoon, at Vice Mayor Gort's request. NOTE FOR THE RECORD: At this point, agenda items 14 and 15 were continued to the afternoon. 35 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 12. FIRST READING ORDINANCE: ESTABLISH THREE (3) SPECIAL REVENUE FUNDS: JTPA TITLE IIC NET NEIGHBORHOODS JOBS PROGRAM (PY'96); JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY'96)--APROPRIATE FUNDS ($500,000, $200,000 AND $700,000) FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS RESPECTIVLEY. Mayor Carollo: We're on item 16. Commissioner Plummer: Move it. Mayor Carollo: There's a motion, second by Dawkins. Can you read the ordinance? Call the roll. An Ordinance entitled - AN ORDINANCE ESTABLISHING THREE (3) NEW SPECIAL REVENUE FUNDS ENTITLED: "JTPA TITLE IIA NET NEIGHBORHOODS JOBS PROGRAM (PY'96)", JTPA TITLE IIC NET NEIGHBORHOODS JOBS PROGRAM (PY'96)", "JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY'96)" AND APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $500,000, $200,000 AND $700,000 FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS; SAID FUND APPROPRIATIONS TO BE RETROACTIVE TO JULY 1, 1996; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 36 July 25, 1996 ----------------- ---------------------------------------------------------------------------------------------- 13. (A) FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: DADE COUNTY EMS GRANT AWARD TY 95/'96)-- APPROPRIATE FUNDS ($292,635). (B) DIRECT ADMINISTRATION TO PROVIDE COMMISSIONER DAWKINS WITH A BREAKDOWN OF EVERY GRANT RECEIVED IN FISCAL YEARS 1994, 1995 AND 1995/1996 BY MIAMI'S POLICE DEPARTMENT AND FIRE DEPARTMENT --FURTHER INCLUDE ITEMIZATION OF HOW MONIES WERE SPENT, DISTRIBUTED, ALLOCATED, ETC. (C) MAYOR CAROLLO DIRECTS MANAGER TO RESPOND TO COMMISSIONERS' REQUESTS RELATED TO AGENDA ITEMS WITHIN 48 HOURS. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move 17. Mayor Carollo: Seventeen is moved. Dawkins seconds it. Commissioner Dawkins: Second, under discussion. Mayor Carollo: Under discussion. Commissioner Dawkins: Mr. Manager, what is EMS equipment? Mr. Cesar Odio (City Manager): Emergency Medical Services, sir. This is to... Commissioner Dawkins: Equipment? What would that be? Mr. Odio: That is, I would say, it's, you know, those things they use for cardiovascular resuscitation and... Commissioner Dawkins: OK. And operation vehicle, you can buy one for twenty-seven thousand dollars ($27,000)? EMS operational vehicle? Commissioner Plummer: On page 2. Mr. Odio: Yes, sir. Commissioner Dawkins: That's the second one from the bottom. Mr. Odio: Yes, sir. Commissioner Plummer: What's that for? Mr. Odio: This is the little one... Is that the little that we get, Chief? Chief Carlos Gimenez (Chief of Fire): Let me look through this again. Commissioner Plummer: One more vehicle. 37 July 25, 1996 ... ,i4 ,, Mr. Odio: Well, this is a grant that we received. Commissioner Plummer: But you got to keep that car up. Commissioner Dawkins: You know, it's a grant, but you also have deferred here... Wait a minute. Bear with me one minute. Fourteen... No, 14 is a Quinn... Mr. Odio: No. That's the fire apparatus. Commissioner Dawkins: Yeah. But you got one here where we want to amend an ordinance to spend a million nine hundred and twenty-five thousand dollars ($1,925,000) for fire equipment. Mr. Odio: Yes, sir, that's item 14. Commissioner Dawkins: And then you come in and tell me that you got twenty-seven thousand dollars ($27,000) as a grant. You know, why don't you say, "I'm spending one million whatever it is, plus twenty-seven thousand dollar ($27,000) grant"? Mr. Odio: I have to accept this grant separate. Commissioner Dawkins: But you see, my... OK. There again, and I'll bring this up at the budget hearing. When you budget 3X dollars for the Fire Department, and then you have 6X dollars in grants, that gives you 9X dollars for the Fire Department. And then you come in and... But you never tell the public that you got nine million dollars ($9,000,000), and six million dollars ($6,000,000) that you spent in the Fire Department was grants. The only thing you show is the 3X dollars from the general fund. So now, you're going to buy something, although we're going to get a million... almost two million dollars ($2,000,000) this afternoon... I hope not, but you got it scheduled to buy fire equipment, and then you got twenty-seven thousand dollars ($27,000) here, and tell me you're doing this because it's a grant. It's all money, tax dollars. Mr. Odio: Yes sir, it is. Commissioner Plummer: No different than the Law Enforcement Trust Fund. Hello, Chief. Chief Donald Warshaw (Chief of Police): Yes. Commissioner Dawkins: Well, hey, they're in for it, too. OK. No further discussion, Mr. Mayor. Mayor Carollo: Call the roll. An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY'95/96)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL AMOUNT OF $292,635, CONSISTING OF A $158,376 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES "GRANT PROGRAM FOR COUNTIES," AND $134,259 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD 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. 38 July 25, 1996 A was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort The City Attorney read the ordinance into the public record and announced that copi; were available to the members of the City Commission and to the public. Commissioner Dawkins: Mr. Mayor. Mayor Carollo: Yes, sir. Commissioner Dawkins: I'd like to tell the Manager, I am going to send a public informatic law request to you, and I'll... I want to tell you now so you can start preparing it. I want know every grant in '94/95, '95/96 that was received by the Police Department, every gral dollar, and where it was spent. And I want every grant dollar that was received by the Fii Department and how it was expended. And the reason I'm going this under the Public Servic Law, I keep asking for stuff, Mr. Mayor, that I don't get. And if I request it under the Publ Service Information Law, I have to get it. Mayor Carollo: Mr. Manager... Mr. Odio: We'll be providing that, sir. Commissioner Dawkins: OK. Mayor Carollo: I'd like to add something to what Commissioner Dawkins has stated, that I hav run into in the past. I understand that sometimes, that there's a lot of issues that your office dealing with, that there are a lot of important matters that are happening, and it's not feasibl sometimes to be able to assign staff. But, I would like to request of you that whenever Commissioner asks for any items that they have a response within 48 hours. I think that's reasonable time. Mr. Odio: OK. Mayor Carollo: Thank you, sir. 39 July 25, 199 ---------------------------------------------------------------------------------------------------------------- 14. FIRST READING ORDINANCE: AMEND SECTION 40-239 OF CODE, RELATING TO GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST --FOR COMPLIANCE WITH AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA). Commissioner Plummer: Where are we? Mayor Carollo: We're on... Commissioner Dawkins: Eighteen. Mayor Carollo: ... Eighteen. Can we have a motion for 18? Commissioner Dawkins: Move it. Mayor Carollo: OK. It's... Commissioner Plummer: Second. Mayor Carollo: All right. Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE CITY CODE, RELATING TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST; MORE PARTICULARLY AMENDING SECTION 40-239 TO PROVIDE FOR COMPLIANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Dawkins, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 40 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 15. FIRST READING ORDINANCE: AMEND SECTION 2-452 OF CODE CONCERNING TERMS OF OVERTOWN ADVISORY BOARD MEMBERS -- MEMBERS TO SERVE ONE YEAR. Mayor Carollo: Nineteen, first reading ordinance. Commissioner Plummer: Second. Mayor Carollo: Commissioner Plummer moves it... seconds it. Commissioner Dawkins moves it. Call the roll, please. An Ordinance entitled - AN ORDINANCE RELATED TO THE TERM OF OFFICE OF THE MEMBERS OF THE OVERTOWN ADVISORY BOARD, AMENDING SECTION 2-452 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT THE MEMBERS OF SAID BOARD SHALL SERVE FOR A TERM OF ONE (1) YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Dawkins, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort 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. ----------------------------------- --------------- -------------------------------------------------------------- 16. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND (CLEAN VESSEL ACT GRANT PROGRAM -DINNER KEY) --APPROPRIATE GRANT FUNDS ($50,000 FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION <DEP>). Commissioner Dawkins: Move 20. Mayor Carollo: Move 20. Commissioner Plummer: Second. 41 July 25, 1996 Mayor Carollo: Second by Plummer. Read the ordinance. Call the roll, please. An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CLEAN VESSEL ACT GRANT PROGRAM - DINNER KEY," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $50,000.00 CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM DEP AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Dawkins, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort 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. --------------------------------------------------------------------------------------------------------- 17. FIRST READING ORDINANCE. ESTABLISH SPECIAL REVENUE FUND (CLEAN VESSEL ACT GRANT PROGRAM-MIAMARINA)--APPROPRIATE GRANT FUNDS ($39,900 FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION <DEP>). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Twenty-one, Plummer moves. Commissioner Dawkins: Second. Mayor Carollo: Dawkins seconds. Call the roll, please. An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CLEAN VESSEL ACT GRANT PROGRAM - MIAMARINA," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $39.,900.00 CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM DEP AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 42 July 25, 1996 was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Carollo: Item 22, will require a four -fifths vote. We'll leave that for the afternoon when Vice Mayor Gort is here. NOTE FOR THE RECORD: At this point, agenda item 22 was continued tot e afternoon. ---------------------------------- ----------------------------------------------------------------------------- 18. RESCIND 96-424--APPROVE PROPOSED RESOLUTION REJECTING PREVIOUS BIDS CONCERNING SALE OF PROPERTY AT 5500 NW 17 AVENUE --DIRECT MANAGER TO RETURN BID DEPOSITS --FURTHER DIRECT MANAGER TO REISSUE INVITATION TO BID FOR THE SALE OF SAID PROPERTY WITH CONDITIONS INCLUDING REVERTER CLAUSE. Mayor Carollo: We're on item 23, a resolution related to the purchase and sale of City -owned property. Mr. Cesar Odio (City Manager): It's the Hardemon Market, Mr. Mayor. What we're doing is rescinding the bids, and going out again, as was requested. Mayor Carollo: OK. There's a motion by Dawkins, a second by Plummer. Commissioner Plummer: Yeah, under discussion. Mayor Carollo: Under discussion. Commissioner Plummer: Yeah. This other terminology that's in here bothers me, and I don't know how it's related. "If said property is to be for a homeless shelter, drug rehab, mental health," where did that come from? Commissioner Dawkins: We said it up here. Mr. Odio: The Commission, sir. 43 July 25, 1996 Commissioner Dawkins: We said it. Mayor Carollo: We said it so we won't be running... Commissioner Dawkins: We stated that we did not want any more properties within the City of Miami being purchased by individuals and converted into other things other than what it is. Commissioner Plummer: So it's prohibited. Commissioner Dawkins: Yes. Commissioner Plummer: Well, there is a standing policy - and I guess that's the reason I'm asking - that there are to be no more drug rehab centers in the City of Miami until the rest of the municipalities of this Dade County pick up their fair share. Mayor Carollo: Yeah, but J.L., we needed to legally include this in this sale. Commissioner Plummer: OK. OK. But it's a standing policy, overall, is what I'm saying. Commissioner Dawkins: But you must remember... Mayor Carollo: But since we're selling this, we need to include it in the deed restriction. Commissioner Dawkins: I'm sorry. But you must remember that we had a standing policy, and we gave some property to Father Barry, and Father Barry's got a rehab house in it. Commissioner Plummer: You're absolutely correct. Commissioner Dawkins: So that's why we brought him back to clean it up. Commissioner Plummer: I'm still looking for the first drug center on Key Biscayne, and I'm looking for the first rehab center in Coral Gables. And you know... Commissioner Dawkins: And Aventura, also. Mayor Carollo: And Commissioner, you're going to be here still looking for it tomorrow and tomorrow, and the next day, and the next day. Commissioner Dawkins: I think we've got someone from the public who wants to be heard. Mayor Carollo: Yes, we do. We have two minutes available to each person from the public that would like to speak. Let me emphasize that you have two minutes to speak strictly on this item, on this issue. Mr. Leroy Jones: My name is Leroy Jones, and I'm the president of an organization called "Nana". I'm the president and founder of 80 black businesses in the City. Mayor Carollo: And your address, sir? Mr. Jones: 1892 Northwest 112th Street. Commissioner Dawkins: No, no. Your business address. 44 July 25, 199( Mr. Jones: Oh. 4015 Northwest 17th Avenue, Missy's Grocery. It's on the corner of 17th Avenue and 40th Street. What I do is, every day, I go to the businesses throughout the City and help them when they have a problem. If I can't help them, I find someone that can help them. And Mr. Rollins has a problem, because this property is next to his property. He has a thriving grocery store. He's been there for 32 years. And I'm asking the City of Miami, is it some way this building can be just set aside for Mr. Rollins? Because he needs the parking. He's got no adequate parking. He's got everything in there. A big meat counter, everything you would want to buy. But when a lot of people come by to his store, there's no place to park, so they leave. So is it any way it can be looked into? Is it all just about money? Or can it be just... You know, can it be thought about, helping the concerns of the community? Because this man... When this... If this building be donated or if he has to buy this building and he tears this building down and make a parking lot, other people can be hired. Mayor Carollo: Well, you have a very good point. But you see, this is a business that he has. We compliment him for the work that he's doing there, in being in this business. But we have laws in the City that we have to abide by. He could acquire this property. He could bid on it. Mr. Jones: Well, he put a bid, but I'm not sure he's going to be able to outbid the bidders, you know. Commissioner Dawkins: The reason this is being rescinded is... Mr. Jones: Yes, sir. Commissioner Dawkins: ... this Commission felt that just what you were saying was going to happen. Somebody was going to take this building, and it would not be utilized for the betterment of that community. So we came back and said, OK. Anybody who bids this property must bring it up to code, or tear it down. So now, if you said... Mr. Rollins needs all the help he can get. OK? In fact, I'm going to be sure that he gets something here. Not under this. But if Mr. Rollins can bid on it, and he bids with the understanding of pushing it down and making a parking lot, there will be no problem. Mr. Jones: That's what he plans to do, Commissioner. Commissioner Dawkins: See, but... Mr. Jones: Yes, sir. Commissioner Dawkins: ... he has to bid. Now, if somebody... The reason we took it back... What was the bid on that property? Mr. Eduardo Rodriguez (Director, Asset Management): Twenty-five thousand ($25,000). Commissioner Dawkins: OK. A guy... some person bid twenty-five thousand ($25,000). But then I asked them, is the person going to bring it up to code? They said, yes. I said, OK, have them put it in writing. What did you estimate, Mr. Rodriguez, what did you estimate it would cost to bring that building up to code? Mr. Rodriguez: From sixty to eighty thousand ($60,000 to $80,000). Commissioner Dawkins: Eighty thousand ($80,000). So we're talking about twenty-five thousand ($25,000) for the building and eighty thousand dollars ($80,000) to bring it up to code We're talking about a hundred and twenty-five thousand dollars ($125,000) for that piece o property. And I don't think, personally, that anybody is going to bid that. But that's why we'r; 45 July 25, 199 going back out to bid, with the understanding that anybody knows that they either have to tear it down and build a new structure, or tear it down and use it as a parking lot, like Mr. Rollins wants to do. Mr. Jones: Yes, sir. Commissioner Dawkins: OK? Mr. Jones: Yes, sir. Mayor Carollo: OK. Thank you, sir. Commissioner Dawkins: And Mr. Rollins, get with Mr. Rodriguez and find out what the bid is and how you can bid responsibly. OK? Go ahead. I'm sorry. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. And the reason I am talking on this issue is that the other day, I read in the Miami Times, in the section Explaining Larceny (sic). It was essentially on the candidates owing money to the City of Miami, three candidates. I don't know, I live in District 3. I want to know, besides this person here, who else is owing money to the City. Because I think the City owes to the residents and taxpayers, the people who are candidates, people that owe money through the public... I mean Sunshine Law, whatever, public document law, to inform the people who owes money, where, capital thing, or rights or liens on the properties of candidates, because we should know. Mayor Carollo: But see, Mariano, I understand that, but that's not the issue before us here today. Mr. Cruz: I know. Mayor Carollo: That's not the issue before us. Mr. Cruz: Well, but in here, there is another issue. You're talking about not reverting, not selling, but the City has leased, in times past, in Allapattah, property for a dollar a year as drug rehabilitation. Is that part of the agreement, too, that you won't have any more of those leases? Because Coral Gables don't lease any property for a dollar a year. Thank you. Mayor Carollo: You're making a very good point, something that we should look at in the future and take up as a whole. Mr. Cruz: Yeah. For every rehab center that we got in Miami, I'd like to see one in the other municipalities, because we don't have an exclusivity in alcoholic people, or drug people, or whatever. Mayor Carollo: I'd be happy, Mariano, I would be happy to name you as a special ambassador to Miami to visit the other municipalities and be at every one of their Commission meetings, to bring it up. Mr. Cruz: Right. Don't worry, don't worry, I'll do it. Mr. Odio: I'll provide transportation. Mayor Carollo: There's been a motion and a second. All in favor, signify by saying "aye." The Commission Collectively: Aye. July 25, 1996 Mayor Carollo: It passes. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-550 A RESOLUTION RELATED TO THE PURCHASE AND SALE OF CITY -OWNED PROPERTY LOCATED AT 5500 NORTHWEST 17 AVENUE, MIAMI, FLORIDA (THE "PROPERTY"), AS MORE PARTICULARLY LEGALLY DESCRIBED HEREIN; RESCINDING RESOLUTION NO. 96-424, ADOPTED JUNE 13, 1996, IN ITS ENTIRETY AND SUBSTITUTING, IN LIEU THEREOF, THE HEREIN RESOLUTION; REJECTING ALL BIDS RECEIVED IN RESPONSE TO THE INVITATION TO BID ISSUED ON JANUARY 5, 1996 FOR THE SALE OF SAID PROPERTY AND DIRECTING THE CITY MANAGER TO RETURN THE BID DEPOSITS SUBMITTED SIMULTANEOUSLY WITH SAID BIDS TO THE RESPECTIVE BIDDERS; FURTHER DIRECTING THE CITY MANAGER TO REISSUE THE INVITATION TO BID, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SALE OF SAID PROPERTY SUBJECT TO CONDITIONS OF SALE THAT THE DEED OF CONVEYANCE INCLUDE THE PROVISION THAT IF 1) THE PROPERTY IS UTILIZED FOR A HOMELESS SHELTER, DRUG REHABILITATION CENTER OR MENTAL HEALTH CLINIC, OR 2) THE PROPERTY IS NOT BROUGHT UP TO CODE OR DEMOLISHED WITHIN SIX MONTHS OF CLOSING, THE PROPERTY AUTOMATICALLY REVERTS BACK TO THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort 47 July 25, 1996 19. (A) ALLOCATE ONE MILLION THIRTY-TWO THOUSAND TWO HUNDRED DOLLARS ($1,032,200) OF 22ND YEAR CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT) FUNDS FOR TWO (2) PREVIOUSLY APPROVED HOUSING PROJECTS AND FIVE (5) APPROVED PUBLIC FACILITIES AND IMPROVEMENT PROJECTS. (B) DIRECT ADMINISTRATION TO PROVIDE NOTICE THROUGH THE MIAMI TIMES THAT ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($130,000) HAS BEEN MADE AVAILABLE BY THE CITY TO THE TRI-CITY COMMUNITY ORGANIZATION FOR HOME IMPROVEMENT REPAIRS; FURTHER INSTRUCTING THE MANAGER TO DIRECT THE NET (NEIGHBORHOOD ENHANCEMENT TEAM) OFFICE WITHIN THE AFFECTED AREA TO PUBLICIZE SAME. Mayor Carollo: Twenty-four. Commissioner Plummer: Move it. Mayor Carollo: No... Yes, yes, 24 is one we can take up. It's a motion by Plummer, second by Dawkins. All in favor, signify by saying "aye." The Commission Collectively: Aye. Commissioner Dawkins: Reluctantly. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-551 A RESOLUTION, ALLOCATING $1,032,200 OF TWENTY SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE IMPLEMENTATION OF TWO (2) PREVIOUSLY APPROVED HOUSING PROJECTS AND FIVE (5) PREVIOUSLY APPROVED PUBLIC FACILITIES AND IMPROVEMENT PROJECTS, BY AGENCIES AS HEREIN SPECIFIED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES FOR IMPLEMENTATION OF SAID PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) July 25, 1996 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort Mayor Carollo: Twenty-five, Gort would like for us to take it up in the afternoon when he's here. Commissioner Dawkins: You know, but I want the Miami Times or somebody to make it known that in this 24 that we just passed, there's a hundred and thirty thousand dollars ($130,000) in there for the Tri-City Community Organization, that we have given them to make home improvement repairs, but nobody out there knows this, and nobody applies to them to get it done. So we need to make that known. Mayor Carollo: We also have a NET (Neighborhood Enhancement Team) office there that should send some flyers out and make it known. Mr. Cesar Odio (City Manager): And I'll have it publicized in the NET 9, also. Mayor Carollo: Good. Commissioner Dawkins: Move... Mayor Carollo: Well, 25 and 26... Commissioner Plummer: Twenty-seven. Mayor Carollo: ... we're deferring for the afternoon for Gort. Commissioner Dawkins: Twenty-five, we're deferring? Mayor Carollo: Yeah. Twenty-seven... Commissioner Dawkins: What about 26? Is it deferred? Mayor Carollo: Yeah. That's also for Gort to be here. Commissioner Dawkins: OK. NOTE FOR THE RECORD: At this point, agenda items 25 and 26 were continued to the afternoon. 49 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 20. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. ("HOPE") --FOR IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT, EDUCATIONAL OUTREACH ACTIVITIES AND INVESTIGATION OF HOUSING DISCRIMINATION COMPLAINTS --FOR BENEFIT OF LOW/MODERATE INCOME PERSONS --ALLOCATE FUNDS ($65,000 CDBG, PROJECT 799302) FROM UNEXPENDED 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mayor Carollo: Twenty-seven, there's a motion by Plummer, second by Dawkins. Commissioner Dawkins: OK. Second, under discussion. Mayor Carollo: Discussion. Commissioner Dawkins: Mr. Manager, this is one of the most successful projects in the City of Miami. Every time we see the paper, we see where this organization has gotten people money for being discriminated against; is that correct? Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Dawkins: In housing. Mr. Odio: Yes, sir, it is. Commissioner Dawkins: And in each instance, this organization gets a fee. A part of that settlement is a fee. Mr. Odio: Yes, sir. Commissioner Dawkins: But every year, I mean, why is it that we have to fund sixty-five thousand dollars ($65,000), Mr. Manager? I mean... And I'm just asking for information, Mr. Manager. Mr. Odio: If you want to, I'll write a memo. This was allocated during the CDBG (Community Development Block Grant) process, but... Commissioner Dawkins: No, no. We can do one of two things. We can fund it and tell them this is it, or you can hold it up and come back and try to explain to me why we need to continue. Mr. Odio: I would fund them, and that's it. This is it. Mayor Carollo: OK. Commissioner Dawkins: So moved. Mr. Odio: Amen. Mayor Carollo: OK. All in favor, signify by saying "aye." 50 July 25, 1996 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-552 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. ("HOPE"), TO PROVIDE AN ADMINISTRATIVE GRANT, IN THE AMOUNT OF $65,000 (PROJECT NO. 799302), FOR THE IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT, EDUCATIONAL OUTREACH ACTIVITIES AND INVESTIGATION OF HOUSING DISCRIMINATION COMPLAINTS WITHIN THE CITY'S HOUSING PROGRAMS FOR THE BENEFIT OF LOW AND MODERATE INCOME PERSONS; ALLOCATING FUNDS THEREFOR FROM UNEXPENDED 22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 21. ALLOCATE ONE HUNDRED TWENTY THOUSAND ($120,000) DOLLARS IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE TWENTY SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -- TO ASSIST TOWN PARK PLAZA NORTH, INC. WITH CONSTRUCTION OF SECURITY FENCE AT TOWN PARK PLAZA NORTH. ---------------------------------------------------------- ----------------------------------------------------- Mayor Carollo: We're on item 28 of the agenda. Commissioner Dawkins: OK. Twenty-eight. Commissioner Plummer: Twenty-eight. Mayor Carollo: Is there a motion? Commissioner Plummer: Town Park Plaza North. I'll make the motion for discussion. 51 July 25, 1996 Mayor Carollo: There's a motion. Mr. Dawkins seconds for discussion. Commissioner Dawkins: I second it for discussion. Mr. Cesar Odio (City Manager): This is to provide security. Commissioner Plummer: I understand. What is Town Park Plaza? Mr. Odio: Town Plaza North. Commissioner Dawkins: That is the housing units across the street from Douglas Elementary School, and up the street from Williams Park. Mr. Elbert Waters (Director, NET/Community Development): It's Overtown. Commissioner Plummer: Is this a City park? Mr. Waters: No. This is a housing... Commissioner Dawkins: No. It's a housing unit. Mr. Waters: ... housing development. Commissioner Plummer: Is it City housing? Mr. Waters: No. Town Park is a co-op. It's... Commissioner Plummer: It's a co-op. Mr. Waters: Yes, sir. Commissioner Plummer: Why isn't the co-op paying for the fencing? My concern is that once we do this, you're going to have every one of these people coming in here, asking for the same privilege that you're providing these people with, Mr. Odio: You see, but not everybody lives in the same problem area that we are having here. Commissioner Plummer: I'm saying, they're still going to ask for it. And how do you say to one, yes, and to others, no? Mr. Odio: Very simply. "No." I mean... Commissioner Plummer: OK. I'm just.,. Mr. Odio: I mean, this is an exception. This is really an exception. Commissioner Plummer: It's a very, very expensive fence. I don't know... Mayor Carollo: Well, that's what I was going to say. It's quite... Commissioner Dawkins: OK. It's not expensive. It's huge. And we've been promising these people a fence and a gate for four years. OK? Now, if... Commissioner Plummer: OK. 52 July 25, 1996 Commissioner Dawkins: If... I would... If J.L. will accept a friendly amendment, I would like to amend J.L.'s motion to say that we do the fence, and that the City of Miami go to the County and tell the County, "Sell this to us so that we can convert it into private home ownership, instead of a co-op, and let the"... Commissioner Plummer: I have no problem with that. Commissioner Dawkins: ... "and let the people in there own it." Commissioner Plummer: I have no problem with that. Mayor Carollo: OK. There's an amendment to the motion. Does the maker of the motion accept it? Commissioner Plummer: Absolutely. Mayor Carollo: OK. All in favor, signify by saying "aye." The Commission Collectively: Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-553 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATED ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE TWENTY SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE PURPOSE OF PROVIDING FUNDS TO ASSIST TOWN PARK PLAZA NORTH, INC. WITH THE CONSTRUCTION OF A SECURITY FENCE AT TOWN PARK PLAZA NORTH, LOCATED IN THE CITY OF MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TOWN PARK VILLAGE NORTH, INC. FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 53 July 25, 199t- Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ----------------------------------------------- ---------------------------------------------------------------- 22. DISCUSS AND DEFER UNTIL THE AFTERNOON SESSION CONSIDERATION OF AGENDA ITEM 29 (APPROVE IN PRINCIPLE DESIGNATION OF HOUSING INITIATIVE GROUP, INC. AND PALMETTO HOMES OF MIAMI, INC. AS SPONSOR TO DEVELOP 16 NEW SINGLE- FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON 14 CITY -OWNED VACANT PARCELS LOCATED IN COCONUT GROVE, MODEL CITY, AND EDISON/LIT"TLE RIVER NEIGHBORHOODS) ESTABLISH $92,078 AS REIMBURSEMENT AMOUNT TO BE PAID BY SPONSOR TO CITY OF MIAMI. [See Label 52]. Mayor Carollo: Twenty-nine. Commissioner Plummer: Mr. Mayor, I have a problem on 29. Mayor Carollo: OK. Commissioner Plummer: I don't know if the Manager gave you all a copy... Mayor Carollo: Well, you want to defer it for the afternoon, or you want to take it out of the agenda? Commissioner Plummer: Well, I would like to give them a fair shake by deferring it till the afternoon because... Mayor Carollo: OK. So it will be deferred till the afternoon, 29. Commissioner Plummer: Mr. Manager, you have provided them with this memo you provided me? Mr. Cesar Odio (City Manager): No, no. Commissioner Plummer: OK. Please make sure you do. Commissioner Dawkins: Well, are the people here who sent the memo... I mean who initiated a memo? Commissioner Plummer: I did. 54 July 25, 1996 Commissioner Dawkins: No, but it's more to it. It's some "Rainman" or some group. Commissioner Plummer: Oh, I don't know anything about that. I'm talking about the memo from the City Manager of the questions which I said that I was proffering at the last meeting, and his answers. OK. Just get it to them by this afternoon. Mayor Carollo: OK. Leave it for the afternoon. Commissioner Dawkins: Is the "Rainman" people here? Unidentified Speaker: If you mean Wind and Rain, that's us. Mr. Odio: Oh, Wind and Rain. Commissioner Dawkins: OK. All right. They are here. Mr. Odio: And Sun. Commissioner Dawkins: So they know to come back this afternoon. Commissioner Plummer: Yes, fine. Commissioner Dawkins: OK. No problem. Mr. Odio: Yeah. You all received copies of the memo. NOTE FOR THE RECORD: At this point, agenda item 29 was tabled. 55 July 25, 1996 s�- A ---------------------------------------------------------------------------------------------------------------- 23. ACCEPT BID --ROYAL RENT -A -CAR FOR LEASING OF TWENTY-EIGHT (28) VEHICLES TO NET/COMMUNITY DEVELOPMENT DEPARTMENT ON LEASE CONTRACT BASIS --FOR ONE (1) YEAR WITH OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS --ALLOCATE FUNDS ($150,528). DIRECT ADMINISTRATION: MAYOR CAROLLO TO ASSIGN AN ASSISTANT TO MEET WITH MR. MARIANO CRUZ IN ORDER THAT THE LATTER MAY ASCERTAIN WHERE CARS IN CONNECTION WITH AGENDA 30 BID OF ROYAL RENTA-A-CAR FOR LEASING OF TWENTY EIGHT (28) VEHICLES TO NET/COMMUNITY DEVELOPMENT DEPARTMENT ON A LEASE -- CONTRACT BASIS AT A PROPOSED ANNUAL AMOUNT OF $150,520 ARE GOING FURTHER EXPLAIN SAID ITEM TO HIM --COMMISSIONER PLUMMER DIRECTED ADMINISTRATION TO FORWARD A LETTER TO EACH ONE OF THE BIDDERS IN CONNECTION WITH THE BID FOR A LEASE OF 28 VEHICLES FOR THE COMMUNITY DEVELOPMENT DIVISION OF NET, ASKING POTENTIAL BIDDERS WHY THEY CHOSE NOT TO BID -- FURTHER REITERATING THAT THE LETTER PROCEDURE SHOULD BE STANDARD CITY POLICY IN ALL BID PROCESSES WHEREIN THERE IS ONLY ONE BID; FURTHER DIRECT CITY MANAGER TO INSTRUCT CHIEF PROUREMENT OFFICER TO MEET WITH CHIEF ROLLASON REGARDING INSURANCE COVERAGE RATES IN CONNECTION WITH SAME. Mayor Carollo: OK. We're on item 30. Is there a motion for item 30? Commissioner Plummer: You know, I'm going to make the motion, Mr. Mayor, but every year, I wonder. We got cars running out of our ears. Mr. Cesar Odio (City Manager): During the budget process... Commissioner Dawkins: Second the motion. Mayor Carollo: There's a second to the motion. Commissioner Plummer: We got them running out of our ears. Mr. Odio: Yes. We just reduced the fleet during the budget process. We're, hopefully, around 200 vehicles. Mayor Carollo: Do we have any further discussion from the Commission? Mariano, two minutes on the item. Mr. Mariano Cruz: Two minutes, yeah. The one thing I want to see is how many of these cars will be appropriated to the NET (Neighborhood Enhancement Team) in Allapattah, or they will be spread evenly, according to need, or the people that got the more pull will get the more cars? That's all I want to know there. Mayor Carollo: Can... Mr. Manager, can you assign one of your assistants to sit with Mr. Mariano, and explain that to him, and show him where they're all going? 56 July 25, 1996 Mr. Odio: Yes, sir. Mayor Carollo: OK. i Mr. Cruz: Make sure that they're going with parity. I Mayor Carollo: But do it right now, right after we vote on it. OK? Thank you. i Commissioner Plummer: Can I ask one simple question? t Mayor Carollo: Yes. Commissioner Plummer: Mr. Manager, is it my understanding that there was only one bid? Ms. Judy Carter (Chief Procurement Officer): One response, my understanding. i Commissioner Plummer: You're telling me with the dog-eat-dog industry of rental cars in this town that only one company responded. Ms. Gwendolyn Warren: Yes, sir. Mr. Odio: This is a very short-term agreement. Some of them, it's only for the summer, they j return them, and so most... Commissioner Plummer: Mr. Manager, you're still talking a hundred and fifty thousand dollars ($150,000) worth of rentals. Mr. Odio: We advertised, we went... Ms. Carter: Sir, we have had this discussion before about bidders bidding our auto leasing. The insurance is quite significant as it relates to the vendor. We are comfortable that Royal Rent-A- Car, who has done business with us in the past, he's a local vendor... i Commissioner Plummer: And they're a good company. Ms. Carter: ... and that his rate is competitive. That is most important to me. Commissioner Plummer: Well, how do I know that without having other bids? Ms. Carter: Well, because I do my own informal process to ensure that it is competitive. Commissioner Plummer: How many other bids were sent out? Ms. Carter: We sent out approximately 20 some odd bids to vendors. jCommissioner Plummer: I would ask... I'm going to vote for this. I would ask a letter be sent ! to each one of the bidders asking them why they chose not to bid, and I would make those letters available to every member of this Commission. Ms. Carter: Absolutely. Be more than happy to do that. Mayor Carollo: Well, that should also be a policy that we would establish... 57 July 25, 1996 Commissioner Plummer: Absolutely. Mayor Carollo: ... on any bid process that we only have one bid returned. We should automatically do that... Commissioner Plummer: Absolutely. Mayor Carollo: ... to see how we could better improve the bidding process. Commissioner Dawkins: In defense... Ms. Carter: Yes. We do informal calls now. We will now then share that with you. Commissioner Dawkins: OK. Mayor Carollo: Good. Commissioner Plummer: Right. Commissioner Dawkins: In defense of Ms. Carter, as Ms. Carter said, we go through this every time we come here. And the answer is always the same. The City of Miami requires too much insurance coverage... Mr.Odio: Exactly. Commissioner Dawkins: ... for other people to bid and be competitive and make money. They don't bid. They don't... Mayor Carollo: Then we need to look at that... Commissioner Dawkins: They refuse to bid. Mayor Carollo: ... and change it. Only as to what is reasonable. Commissioner Dawkins: No, no. That's a liability that we need, though. Mayor Carollo: Yeah. We need to ask only what is reasonable insurance. Ms. Carter: Yes, sir. We will share that with Mr. Soldevilla, (Risk Management Administration) and Frank Rollason (Assitant/Chief, Risk Management). Mayor Carollo: All right. All in favor, signify by saying "aye." The Commission (Collectively): Aye. S8 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-554 A RESOLUTION ACCEPTING THE BID OF ROYAL RENT -A -CAR, A HISPANIC/LOCAL VENDOR, FOR THE LEASING OF TWENTY EIGHT (28) VEHICLES TO NET/COMMUNITY DEVELOPMENT DEPARTMENT ON A LEASE CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A PROPOSED ANNUAL AMOUNT OF $150,528.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF NET/COMMUNITY DEVELOPMENT ACCOUNT CODE NO: 450264-610-184052; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDER FOR SAID VEHICLES AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICES, TERMS AND CONDITIONS, PURSUANT TO BID NO. 95-96-100, 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 24. (A)AUTHORIZE AGREEMENT --WITH BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST --FOR PARTIAL MODIFICATION OF DEED RESTRICTIONS ON WATSON ISLAND --TO ALLOW DEVELOPMENT OF BOTANICAL GARDEN ATTRACTION --PROVIDE COMPENSATION TO STATE OF FLORIDA OF NOT MORE THAN 7;6 PERCENT OF REVENUES. (B) AUTHORIZE MANAGER TO EXECUTE NEGOTIATED AGREEMENT WITH THE STATE OF FLORIDA--FOR PARTIAL MODIFICATION OF WATSON ISLAND DEED RESTRICTIONS -- PROVIDING 7.5% OF REVENUES FOR COMPENSATION TO THE STATE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Thirty-one, resolution, Plummer... Commissioner Plummer: Moves. Mayor Carollo: Whoa. Hold on one moment. 59 July 25, 1996 Mr. Odio: This is Watson Island State agreement. Commissioner Dawkins: Second. Mayor Carollo: Yes. OK. Plummer makes the motion. Commissioner Plummer: Right. Mayor Carollo: Dawkins seconds it. Commissioner Dawkins: Now, what are you moving Mr. Plummer? Commissioner Plummer: That seven and -a -half percent (7 1/2%), which was negotiated b} Commissioner Carollo in the... the improvement fund in Tallahassee be the understanding anc negotiated terms. Commissioner Dawkins: .All right. Well, in here it doesn't say seven and -a -half. It says fifteer (15%) percent. Commissioner Plummer: I'm including that right now. Mayor Carollo: It's including seven and -a -half percent (71/2%), now. Commissioner Plummer: That's right. Commissioner Dawkins: Modify this to seven and -a -half. Commissioner Plummer: Absolutely. Mayor Carollo: There's a motion, there's a second. Discussion. Let me say the following That this would not have been accomplished if it hadn't been for a united effort by all the members of this Commission. Commissioner Dawkins called many people up in Tallahassee of this. Vice Mayor Gort, knowing that I could not be there the Monday before the Cabinet woul{ take this up, went there ahead so he could lay the ground work for us when I would arrive thi next day with Commissioner Plummer. We had a true unified front, not only from thi: Commission, but from our State Legislators and all the business community of Miami. I think i shows what we could accomplish for Miami if we work together. When the State gave us th; ultimatum that it would be at least fifteen (15%) percent, this is what their staff said. Few people thought we could accomplish this. In fact, never before had the Cabinet been willing to take u; an item that was not pre -agreed upon before with staff. The biggest challenge we had was to ge it on the agenda on our seven and -a -half percent (71/2%) request that we were asking. We had five -two vote from the Cabinet and I truly believe we were successful, because each and ever one of us put our part into it. We worked as a team for Miami. Now, having said that, I woul.- like to make another statement, Mr. Manager. It was embarrassing to me and surprising when heard the staff, the staff for the Cabinet, say to the Cabinet that our staff in the City had agreed t the fifteen (15%) percent and they were questioning why in the world would the Commissio want to overturn our staff. The Governor, you know, hit us over the head with that, and rightl so. That was a very embarrassing point. If it hadn't been that Treasurer Nelson made the motio and took the lead in that and then... Commissioner Plummer: Yeah. Mayor Carollo: ... Controller Mulligan seconded it and championed it for us, we would haN been in trouble, because... 60 July 25, 191- Commissioner Plummer: I'll answer that. Joe, let me try... Let me try to answer it. Mayor Carollo: But let me finish, J.L. Commissioner Plummer: Sure. Mayor Carollo: Maybe there were some that were privy to this, but certainly not all the Commission was consulted on the fifteen (15%) percent. I was not. No one asked me if I would agree to fifteen (15%) percent before staff would make that commitment. Commissioner Plummer: Let me answer you this way, Joe. First and foremost, at all times, because I was chosen to do the negotiation by this Commission, at every time we ever talked to the staff in Tallahassee, first and foremost, they were told anything negotiated is subject to Commission approval, so don't let any one mislead anybody. That was the first statement made. Now, the reason we went into negotiation is they had started out wanting a hundred percent of revenue. Mayor Carollo: We, realize that J.L. Commissioner Plummer: OK, and we went back and forth. Mayor Carollo: And you know, we knew the game that they were playing. Commissioner Plummer: And, Joe, the problem... two problems. One is the fact that they could keep us off of an agenda, and they did. They kept us off of agendas, because up there the staff has the power to keep stuff off an agenda. Mayor Carollo: But when we overruled them, then we were able to get it in. Commissioner Plummer: OK. And second of all, a local outfit here saw fit to sue us and them over a property in Coconut Grove, and that took us off, I think, two agendas. OK? So these are the reasons that it went from January up until present as to what was happening. Mayor Carollo: J.L., I understand all of that, but, nevertheless, it doesn't address the statement that I made, that staff had no right, if indeed it was correct what we were told up there, to have made the commitment for this Commission as a whole for the fifteen (1501o) percent. Now I see Jack waving his head. Commissioner Plummer: It was an incorrect statement. Mr. Odio: They didn't. They did not. Mayor Carollo: OK. Jack, can you just make that statement, then. Mr. Jack Luft (Director, CPR Dept.): Yes. We simply tried to reach a number that each staff member could mutually recommend to their board. We wanted to go forward with a number that we felt was a reasonable number, but we both agreed that either board could change it. But to move the project ahead, we simply said we will recommend to our Commission 15, and they will recommend to their Board 15, to try to move it ahead. We knew the decision would rest with you and with the Governor and the Cabinet. Commissioner Plummer: All times. 61 July 25, 1996 Mr. Luft: It was an accommodation of staff to try to get the process ahead. Mayor Carollo: OK. Mr. Odio: At one point, I had to call the Attorney General Bob Butterworth, because we were told that they would not move forward with this project because of the lawsuit that was filed on Commodore... on Commodore Bay Properties, and that they felt it was too much legal action going on. And the only way we could move it forward is by bringing it here, and you saying yes or no, and I think it turned out successful. Mayor Carollo: Yes it did. Yes it did. Now, having said that, the only other point I'd like to make in this is that Mr. Manager, whoever we have as our lobbyist in Tallahassee has to represent all of us as a whole, and respect the wishes of this Commission. When I went out there Tuesday morning, before I went before the Cabinet, I met in the office with the Insurance Commissioner, Mr. Nelson. He was really a champion for us there. We could not have accomplished this without Bill Nelson's support. When I was leaving his office, one of the lobbyists who represents us in Tallahassee went to him and told him, "Look, you know, seven and -a -half is what they want but if not, 15 is fine." I resent that very much, that our own lobbyist would try to, in a way, undermine us, and I would hope that this is the last of that, that they will stick... Commissioner Plummer: There was a fall back position. Mayor Carollo: ... to the request of this Commission. And furthermore, without getting into some other areas here publicly - we will do that privately - they should stick to lobbying for the Commission, for City policy in Tallahassee, not politicking. And, this week, we'll talk about it, and we'll have a meeting with the head of that firm, and I will discuss the points of concerns that I have with them, if we're going to have them as lobbyist. Thank you. All in favor of item 31, signify by saying aye. The Commission (Collectively): Aye. 62 July 25, 1996 'A The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-555 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST, FOR A PARTIAL MODIFICATION OF THE DEED RESTRICTIONS ON WATSON ISLAND NECESSARY TO ALLOW THE PROPOSED DEVELOPMENT OF A BOTANICAL GARDEN ATTRACTION UNDER A PROPOSED LEASE TO PARROT JUNGLE AND GARDENS, INC., PROVIDING FOR COMPENSATION TO THE STATE OF NOT MORE THAN SEVEN AND ONE HALF PERCENT (7 1/2%) OF CERTAIN REVENUES AS SET FORTH IN SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 25. PRIOR TO BEGINNING MEETING ADMINISTRATION WITHDREW ITEM 32 (LEASE AGREEMENT WITH PARROT JUNGLE AND GARDENS, INC.--FOR 18.6 ACRES BOTANICAL GARDEN IN WATSON ISLAND). (A) COMMISSIONER DAWKINS DIRECTED CITY ADMINISTRATION TO CONDUCT A FEASIBILITY STUDY WHICH WILL SHOW HOW THE PROPOSED BOTANICAL GARDEN FACILITY WILL GROSS $20 MILLION IN FIVE YEARS. (B) MAYOR INSTRUCTS MANAGER TO REVIEW WITH EACH COMMISSIONER THE PROPOSED LEASE AGREEMENT WHICH WILL GIVE PARROT JUNGLE AND GARDENS, INC. (FOR THE DEVELOPMENT AND OPERATION OF BOTANICAL GARDEN ATTRACTION) A PERIOD OF 45 YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL 15 YEAR PERIOD. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: On 32... Commissioner Dawkins: Under... 32, I'll move it for discussion. Mayor Carollo: Hold on, hold on. 63 July 25, 1996 A A Commissioner Plummer: Thirty-two is withdrawn. Mayor Carollo: It's been withdrawn. Thirty-two, 33, withdrawn. Commissioner Dawkins: OK. The Manager withdrew it. Commissioner Dawkins: OK. Well, 32, Mr. Manager, when you bring it back, I will need the feasibility study that shows that this facility is going to gross twenty million dollars ($20,000,000). Because, you see, it says here that five percent of gross revenue, up to twenty million dollars ($20,000,000). Now... And the reason I'm saying that, Mr. Manager, is you are stuck now with the Hyatt Hotel with that same built-in clause, that if it earns "X" number of dollars, you get rent, and you don't. So now, if there is no... If no one has a feasibility study that shows that in five years, this facility is going to gross twenty million dollars ($20,000,000), we are just, you know, throwing water in the wind. Mr. Odio: Before I agree... And I did negotiate this personally. Before I agreed on the twenty million ($20,000,000)... And you are referring to the Knight Center. And what happens over there is that they have a way of hiding monies. But on this one, Mr. Commissioner, the twelve million ($12,000,000)... Commissioner Dawkins: All I'm saying to you, Mr. Manager, is that you provide me with a feasibility study.. Mr. Odio: Sure. Commissioner Dawkins: ... that shows that this attraction is going to gross twenty million dollars ($20,000,000). Mr. Odio: OK. Commissioner Dawkins: That's all. Mayor Carollo: OK. Mr. Manager, 32 is a lease for 60 years. Thirty-three is a lease for ten plus five. Those are leases that are long-term leases. I would recommend very strongly to you that you meet with every member of this Commission and go over every part of the contract that has been negotiated with them, so that everyone can fully understand just what it is that we're going to vote on and give for 60 years, in one case, and 15 or a possible 15 in the other case. ---------------------------------------------------------------------------------------------------------------- 26. AUTHORIZE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES -- TO AMEND MIAMI DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT, DEVELOPMENT ORDER --TO ACCOMMODATE DEVELOPMENT OF ARENA. Commissioner Plummer: Move 34. Mayor Carollo: Thirty-four. Commissioner Dawkins: Second. Under discussion. 64 July 25, 1996 Mayor Carollo: Motion, second, and discussion. Commissioner Dawkins: What is the amount that you're talking about? Mr. Cesar Odio (City Manager): It's going to be thirty-four thousand ($34,000), but fifty (50%) percent of the cost will be paid for by Dade County. Commissioner Dawkins: But in nowhere in here does it say up to thirty-four thousand dollars ($34,000). Mr. Odio: You can do that, if you want to put 34... It says "not to exceed thirty-four thousand ($34,000)." We can do that. Mayor Carollo: OK. We'll add that to the resolution. Commissioner Plummer: Fine. Mayor Carollo: There's a motion and a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-556 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BERMELLO AJAMIL AND PARTNERS FOR PROFESSIONAL PLANNING SERVICES FOR THE PURPOSE OF AMENDING THE MIAMI DOWNTOWN DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER, THROUGH A NOTICE OF PROPOSED CHANGE STATE OF FLORIDA PROCESS, TO ACCOMMODATE THE DEVELOPMENT OF AN ARENA THAT MAY EXCEED A CAPACITY OF 20,000 SEATS; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $34,000.00 FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921002-280 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort Mayor Carollo: Thirty-five. Commissioner Plummer: That's an RF... RE, July 25, 1996 Mr. Odio: I withdrew that. Mayor Carollo: That has been pulled. ---------------------------------------------------------------------------------------------------------------- 27. AUTHORIZE ISSUING REQUEST FOR PROPOSALS (RFP)--TO SOLICIT PROPOSALS FROM FINANCIAL INSTITUTIONS FOR CITY WIDE BANKING SERVICES --FOR THREE (3) YEARS. Mayor Carollo: Thirty-six. Commissioner Plummer: I'll move it, but I think it should be clearly stated that we want banks that are in the City of Miami. Commissioner Dawkins: Second. Mayor Carollo: There's a motion and there's a second. Any further discussion? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-557 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, TO SOLICIT PROPOSALS FROM FINANCIAL INSTITUTIONS LOCATED IN THE CITY OF MIAMI FOR CITYWIDE BANKING SERVICES, FOR A PERIOD OF THREE YEARS; ESTABLISHING A SELECTION COMMITTEE AND APPOINTING INDIVIDUALS TO SAID COMMITTEE; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FIRST UNION NATIONAL BANK TO ALLOW FOR AN EFFICIENT TRANSITION OF SERVICES BETWEEN FIRST UNION AND THE SELECTED PROPOSER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 66 July 25, 1996 1141;1:> Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 28. AUTHORIZE AGREEMENT --WITH REPUBLIC NATIONAL BANK --IN OVERTOWN AREA --FOR SPECIAL DEPOSITORY BANK ACCOUNT --FOR PERIOD OF ONE (1) YEAR WITH OPTION OF TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. ---------------------------------------------- ----------------------------------------------------------------- Mayor Carollo: Thirty-seven. Commissioner Plummer: That's... Mr. Cesar Odio (City Manager): For us to be able to deposit monies in Republic National Bank in Overtown. i Mayor Carollo: Miller, would you like to make... Commissioner Dawkins: Move it. Move it. Commissioner Plummer: Second. Mayor Carollo: Miller makes the motion, Plummer seconds it. Hearing no further discussion, all in favor, signify by saying "aye." The Commission Collectively: Aye. i I i 1 67 July 25, 1996 Im The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-558 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE REPUBLIC NATIONAL BANK LOCATED IN THE OVERTOWN AREA, MIAMI, FLORIDA, FOR THE ESTABLISHMENT OF A SPECIAL DEPOSITORY BANK ACCOUNT, SAID AGREEMENT TO BE FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT THE SAME TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ----------------- ---------------------------------------------------------------------------------------------- 29. ACCEPT BIDS OF SUPER COLOR LAB, INC.--TO FURNISH FILM PROCESSING SERVICES; PITTMAN PHOTO, INC.; MARDEL ENTERPRISES, INC.--TO FURNISH PHOTO SUPPLIES --ALLOCATE FUNDS ($132,000). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. We're into 38. Accepting bids. Accepting the bids of Super Color Lab, Inc. Commissioner Plummer: I still wonder what we do with all of that stuff, but I guess we have to have it. I'll move it. Commissioner Dawkins: Second. Mayor Carollo: Moved, seconded. Hearing no further discussion, all in favor, signify by saying "aye." The Commission Collectively: Aye. .: July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-559 A RESOLUTION ACCEPTING THE BIDS OF SUPER COLOR LAB IN., A HISPANIC/LOCAL VENDOR, FOR THE FURNISHING OF FILM PROCESSING SERVICES, PITTMAN PHOTO INC., A FEMALE/DADE COUNTY VENDOR, AND MARDEL ENTERPRISES INC., A HISPANIC/DADE COUNT VENDOR, FOR FURNISHING OF PHOTO SUPPLIES TO VARIOUS CITY DEPARTMENTS ON AN AS NEEDED BASIS FOR A PERIOD OF ONE (1) YEAR AT A TOTAL ESTIMATED ANNUAL AMOUNT OF $132,000.00; ALLOCATING FUNDS THEREFOR FROM THE FY'95-96 OPERATING BUDGETS OF THE USING DEPARTMENTS, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort -------------------------------------------------- -------------------------------------------------------------- 30. (A) ACCEPT BIDS: PRIME ELECTRICAL CONTRACTORS, INC./ELECTRICAL CONTRACTING SERVICE, INC.--TO FURNISH ELECTRICAL MAINTENANCE SERVICES TO DEPARTMENTS -- ALLOCATE FUNDS ($160,000). (B) MAYOR REQUESTS ADMINISTRATION TO PROVIDE COMMISSIONERS WITH AMOUNT SAVED BY ACCEPTANCE OF BIDS FROM PRIME ELECTRICAL CONTRACTING SERVICE INC. TO FURNISH ELECTRICAL MAINTENANCE SERVICES. Mayor Carollo: Plummer makes the motion for 39. Commissioner Plummer: Yeah. Mayor Carollo: Dawkins seconds it. Any further discussion? Mr. Mariano Cruz: Right here. Commissioner Plummer: What? 69 July 25, 1996 A Mayor Carollo: It's not your turn yet, Mariano. Mr. Cruz: Thirty-nine. Commissioner Dawkins: Thirty-nine. Mayor Carollo: Thirty-nine. J.L.? Commissioner Plummer: I moved it. Mayor Carollo: OK. No discussion? Mariano, two minutes. Mr. Cruz: I'd like to know the same when I talk about some of the other departments. We don't have any more electricians in the City or we have? We're farming out all of these services? We're getting rid of the union people in a way, the electricians, and that is... What about when an emergency happens? Do we have to be calling that company to come to fix the problem? Will it be on call, like the employees are, or do we have any electricians? Ms. Judy Carter (Chief Procurement Officer): Yes. Mr. Cesar Odio (City Manager): Twenty-four hours a day, seven days a week. Ms. Carter: Yes, yes. Absolutely, yes, yes and yes. Mr. Cruz: You have any electricians now? Ms. Carter: Excuse me? Mr. Odio: Yes, we do. Mr. Cruz: Are we going to be also bidding for Assistant Managers, too, on call? The same thing. Maybe we can farm out that division, too. Mr. Odio: That's a good idea. Commissioner Plummer: Is that part of this item, Assistant City Managers? Mayor Carollo: No. No, it's not. Commissioner Plummer: I didn't think so. Mayor Carollo: Thank you, Mariano. Can you provide for us, to each and every one of the members of the Commission, before the end of the week, how much money we're saving on this item? OK? Because we are making a significant savings. Ms. Carter: Yes, sir. Mayor Carollo: In fact, if you know it, you might want to say it for the public's benefit. Ms. Carter: No, sir. I'll have to get with the Manager's office on that. Mayor Carollo: OK. All right. All in favor of 39, signify by saying "aye." The Commission Collectively: Aye. 70 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-560 A RESOLUTION ACCEPTING THE BIDS OF PRIME ELECTRICAL CONTRACTORS INC., A BLACK/DADE COUNTY VENDOR AND ELECTRICAL CONTRACTING SERVICE, INC., A NON-MINORITY/DADE COUNTY VENDOR, FOR THE FURNISHING OF ELECTRICAL MAINTENANCE SERVICES TO VARIOUS CITY DEPARTMENTS, ON AN AS NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $160,000.00; ALLOCATING FUNDS THEREFOR FROM THE OPERATING BUDGETS OF THE USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES AND THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICES, 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 31. (A) ACCEPT BIDS: MAIN LINE PLUMBING AND FORTY DOLLARS AN HOUR PLUMBING --FOR PLUMBING MAINTENANCE SERVICES/EQUIPMENT/MATERIALS/SUPPLIES. (B) MAYOR REQUESTS ADMINISTRATION TO PROVIDE HIM AND COMMISSIONERS IN MEMORANDUM FORM A JUSTIFICATION OF HOW MUCH MONEY WILL BE SAVED BY ACCEPTING BIDS OF FORTY DOLLARS AN HOUR PLUMBING AND MAINLINE PLUMBING FOR THE FURNISHING OF PLUMBING MAINTENANCE SERVICES / EQUIPMENT / MATERIALS / SUPPLIES. Mayor Carollo: Item number 40. Commissioner Plummer: Move it. Mayor Carollo: Moved. Seconded by Dawkins. Any further discussion from the Commission? OK. Mr. Cruz. 71 July 25, 1996 Mr. Mariano Cruz: Same thing. The plumbing, too. Everything is being farmed out. I want to find out how much money we're saving, or who is making money on this besides the employees, because somebody is making money here in these deals. Mr. Cesar Odio (City Manager): Mr. Mayor, the average salary of a City employee with benefits is forty thousand dollars ($40,000) a year. You could not have enough monies to keep around enough electricians, enough plumbers to be on call 24 hours a day, seven days a week, in all of our facilities that do operate at night, like the Police Department, and Fire, and so forth. So. Mayor Carollo: Again, this is another item that I am told we're saving significant dollars. Mr. Odio: A substantial amount. Mayor Carollo: I would like, by tomorrow, for each member of the Commission to be given the amounts that we're saving. And Mano, you're the Director of Finances. You should have had this for us already. I£ anyone that should have that, it's you. I'm not making any excuses for some of the other people that worked on this, but these are the things that we need to have before us when we vote, not just in general terms, but in specific figures. And the public needs to know this. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-561 A RESOLUTION ACCEPTING THE BIDS OF FORTY DOLLARS AN HOUR PLUMBING, A HISPANIC/DADE COUNTY VENDOR AND MAIN LINE PLUMBING, A BLACK/DADE COUNTY VENDOR FOR THE FURNISHING OF PLUMBING MAINTENANCE SERVICES, EQUIPMENT MATERIALS AND SUPPLIES TO VARIOUS CITY DEPARTMENTS ON AN AS NEEDED BASIS IN ACCORDANCE WITH HOURLY RATES STIPULATED ON BID NO. 95-96-101R FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE VARIOUS USING CITY DEPARTMENTS FY' 95/96 OPERATING BUDGETS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES AND THEREAFTER TO EXTEND SAID CONTRACT FOR TOW (2) ADDITIONAL ONE (1) YEAR PERIODS, PURSUANT TO BID NO, 95-96-101R, AT THE SAME PRICES, 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.) 72 July 25, 199( Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 32. (A) COMPUTE PROPOSED MILLAGE RATE FOR CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997 -- DIRECT CITY MANAGER TO TRY AND REDUCE MILLAGE RATE FOR CITY OF MIAMI, IF POSSIBLE -- FOR UPCOMING FISCAL YEAR. (B) ESTABLISH BUDGET HEARINGS FOR SEPTEMBER 12, AT 5:05 P.M. AND FOR SEPTEMBER 26, AT 5:05 P.M. (C) INSTRUCT MANAGER TO SUBMIT PROPOSED MILLAGE RATE TO DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR, ALONG WITH DATE, TIME AND PLACE OF PUBLIC HEARING ON PROPOSED MILLAGE RATE AND TENTATIVE BUDGET. Mayor Carollo: OK, 41. Forty-one is only for first reading. We need to do this according to State law. We could change the millage on second reading. We could always go down, but we cannot go up. Commissioner Plummer: You can't go up. Move 41. Mayor Carollo: Move 41. Commissioner Dawkins: Second. Mayor Carollo: Second by Dawkins. Any discussion? Hearing none... Yes. Mr. Cesar Odio (City Manager): You have to establish the dates of the public hearing officially for the budget. Mayor Carollo: OK. The first public hearing will be held on September the 12th at 5:05 p.m. And the second public hearing will be held on September the 26th at 5:05 p.m. Now, Mr. Manager, I realize that we have a very tough budget. I realize that we have... Mr. Odio: It's done. Mayor Carollo: ... major financial difficulties, but I would like to see - and I've made this request of you personally - that even if just a tiny little bit, to see if we can reduce this millage rate when we come and meet on it again. I'm not saying that you have to reduce it by... big time, but at least by a little bit. I would like to see if we can make that effort. And you have now until September to see what we could do. OK. All in favor of 41, signify by saying "aye." 73 July 25, 1996 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-562 A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997; INSTRUCTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort 74 July 25, 1996 s ---------------------------------------------------------------------------------------------------------------- 33. ACCEPT BID: MOTOROLA--TO FURNISH PORTABLE RADIOS --TO FIRE - RESCUE DEPARTMENT --ALLOCATE FUNDS ($18,843). Mayor Carollo: Forty-two, a resolution accepting bids. Accepting the bid of Motorola. Commissioner Plummer: Move it. Mayor Carollo: Miller, it's Motorola again. Commissioner Plummer: Yeah. Mayor Carollo: Forty-two. Plummer moved it. Commissioner Dawkins: Second. Mayor Carollo: Miller seconds it. Hearing no further discussion, all in favor, signify by saying °aye " The Commission Collectively: Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-563 A RESOLUTION ACCEPTING THE BID OF MOTOROLA, FOR THE FURNISHING OF PORTABLE RADIOS TO THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL PROPOSED AMOUNT OF $18, 843.00; ALLOCATING FUNDS THEREFOR FROM THE FIRE -RESCUE ACCOUNT CODE NO. 280401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 75 July 25, 199t Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort 34. (A) AMEND/EXTEND PUBLIC HEALTH TRUST OF DADE COUNTY AGREEMENT --TO COORDINATE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($88,000 FOR FIRST YEAR; $94,000 FOR SECOND YEAR). (B) COMMISSIONER PLUMMER COMMENTS ON FIRE PROTECTION SERVICES CITY PROVIDES TO JACKSON MEMORIAL AT NO COST. MAYOR STATES HE WOULD LIKE TO SIT DOWN WITH NEWLY ELECTED MAYOR OF METROPOLITAN DADE COUNTY ONCE ELECTED -- TO DISCUSS EMERGENCY SERVICES AND ANY CONTRIBUTION JACKSON MEMORIAL MAY MAKE IN LIEU OF TAXES FOR EMERGENCY SERVICES PROVIDED BY OUR FIRE RESCUE DEPARTMENT -- APPOINT COMMISSIONER PLUMMER AS LIAISON TO MEET WITH DADE COUNTY COMMISSION CONCERNING THIS ISSUE. Mayor Carollo: OK. This is 43, a resolution authorizing the City Manager to execute... Commissioner Plummer: Move it. Mayor Carollo: ... a second amendment extension to an existing agreement. Plummer moves it. Commissioner Dawkins: Second. Mayor Carollo: Dawkins seconds it. Any further discussion from the Commission? Hearing none, then, Mr. Cruz. Mr. Mariano Cruz: Yeah. Mariano Cruz, 1227 26th Street. I live ten blocks there from Jackson Hospital. I'd like to know, we paying eighty-eight thousand dollars ($88,000) to Jackson. How much money is Jackson paying the City for fire services? Because not too long ago, I was around there visiting somebody. There was some kind of leakage. I remember even talking to Mr. Bitterman there, and I count 12 fire equipment between different apparatus there. Does Jackson pay... How come we have to pay Jackson for this certain service for the City? And also, besides that, we pay... We dedicated half percent of sales taxes for Jackson. I'm not going to talk about salary or different other things, but I resent that we pay eighty-eight thousand dollars ($88,000) to Jackson, and I don't know how much Jackson is paying us for fire protection service, or rescue service, or whatever. Because if something happens, since Jackson is within our City limits, we have to service them. 76 July 25, 1996 Chief Carlos Gimenez (Chief of Fire): That's right. Right. Mayor Carollo: Thank you. Chief, is there anything you would like to state on that? Chief Gimenez: From what I understand of it, it's a tax-exempt. We really don't get anything from Jackson as far as any revenues are concerned. This is for the payment for our medical directors. We have to consult with our medical directors when we're treating patients in the street, so we have to pay them. Mr. Cruz: I know. Mayor Carollo: OK. Mr. Cruz: Eighty-eight thousand ($88,000), ninety-four thousand ($94,000) later, and whatever it comes to. Mayor Carollo: Well, hearing no further discussion from the Commission, all in favor, signify by saying... Commissioner Plummer: Mr. Mayor. Mayor Carollo: Yes. Commissioner Plummer: Let me tell you something. As you know, we're in this pilot program in which we are going to be going after people for the purposes of payment in lieu of taxes. Jackson Hospital would be no different than the Port of Miami. The Port of Miami, they provide their own fire service and their own police service. It's in the City of Miami. And I'm looking for Jackson Hospital to make an extensive donation to the City of Miami. Mayor Carollo: Well, they're providing their own police service now within Jackson. Commissioner Plummer: But not fire. Mayor Carollo: Not fire. Commissioner Plummer: And every time you have a response at Jackson Hospital, it's probably half of the equipment that we own. Mayor Carollo: OK. Commissioner Plummer: And as far as I'm concerned, I think they have an obligation tr_ provide this City with funds to provide them with those services. Mayor Carollo: Well, this is one of those items that I think we need to sit... Commissioner Plummer: Oh, yeah. Mayor Carollo: ... with Dade County. Once they have a new Mayor, I will gladly meet with hit and assign Commissioner Plummer to meet with the respective members of the Count Commission to present our case to. All in favor of 43, signify by saying "aye." The Commission (Collectively): Aye. 77 July 25, 19 K Commissioner Dawkins: And under discussion. I don't know why we are concerned now. V gave the County the Hickman Building. We gave the County the Motor Pool. We gave tl County everything, and now we want to get Jackson Hospital to give us something. You know, don't blame them. Take everything they can get. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-564 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGE TO EXECUTE A SECOND AMENDMENT AND EXTENSION TO AN EXISTIN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TH PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, WHICH OPERATE JACKSON MEMORIAL HOSPITAL, FOR THE COORDINATION OF EMERGENC MEDICAL SERVICES PROVIDED BY THE RESCUE DIVISION OF THE CITY 0 MIAMI FIRE -RESCUE DEPARTMENT, THEREBY EXTENDING THE TERM 0 SAID AGREEMENT FOR A PERIOD OF TWO (2) FISCAL YEARS, 1995/96 AN 1996/97, WITH AN ANNUAL COMPENSATION OF $88,000 FOR THE FIRST YEA AND $94,000 FOR THE SECOND YEAR; ALLOCATING FUNDS THEREFO FROM FIRE -RESCUE DEPARTMENT'S GENERAL OPERATING BUDGE' ACCOUNT CODE NO. 280501-260. (Here follows body of resolution, omitted here and on file in the Office of the Cit Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopts by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort Commissioner Dawkins: Call the... What's the next item? Commissioner Plummer: Forty-five. What is... I don't under... Huh? Forty-four is... Mayor Carollo: It's deferred at Vice Mayor Gort's request for the afternoon. NOTE FOR THE RECORD: At this point, agenda item 44 was continued to the afternoon. 78 July 25, 1f ---------------------------------------------------------------------------------------------------------------- 35. APPROVE ENGAGEMENT OF DAVIS, SCOTT, WEBER AND EDWARDS LAW FIRM --TO SERVE AS COUNSEL TO CITY IN CONNECTION WITH MEDIATION IN MICHAEL POTTINGER; PETER CARTER; BERRY YOUNG CASE --ALLOCATE FUNDS ($15,000). Mayor Carollo: Forty-five is the Law Department's resolution. Commissioner Plummer: Which case is this? Mayor Carollo: Plummer makes a motion. Commissioner Plummer: Wait, wait. A. Quinn Jones, III, Esq. (City Attorney): Pottinger. Homeless case. The homeless mediation. Commissioner Plummer: OK. Mr. Jones: What you're doing is... Mayor Carollo: Dawkins seconds it. Hearing no further discussion, all in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-565 A RESOLUTION APPROVING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF DAVIS, SCOTT, WEBER & EDWARDS, TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN CONNECTION WITH THE MEDIATION OF MICHAEL POTTINGER, PETER CARTER AND BERRY YOUNG V. CITY OF MIAMI, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, CASE NOS: 91-5316; 92-5145 AND 95-4555, WITH FEES FOR SAID SERVICES NOT TO EXCEED $15,000; ALLOCATING FUNDS THEREFOR FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 620103- 653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 79 July 25, 1996 1 A Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ------------------------------------------ ---------------------------------------------------------------------- 36. DISCUSS AND DEFER CONSIDERATION OF PROPOSED SETTLEMENT: ERNESTO GALBAN; JUANA GALBAN (WITHOUT ADMISSION OF LIABILITY, THE SUM OF $135,000, PAYABLE IN TWO INSTALLMENTS). i Mayor Carollo: Forty-six is a resolution. Here we go again. Another settlement. Commissioner Plummer: Which one was this one, now? i Mayor Carollo: Forty-six. ` A. Quinn Jones, III, Esq. (City Attorney): This is Galban. This is the excessive force case. Commissioner Plummer: This is the one that had brain damage before? Oh, yeah. That's the bar out on Flagler Street. Mr. Jones: Mm-hmm. Mayor Carollo: What happened with the officers involved in that? Captain Joseph Longueira: Commissioner, our review revealed that our policies, they were justified. This case originally happened in '93 - I do have to tell you that - and that we have done a lot of changes in our review of these cases since then. Internal Affairs is taking a lot more proactive look at our officers. So we've had some policy changes since then that have made things more stringent. Mayor Carollo: Any further questions or discussion from the Commission? Commissioner Plummer: What happened when this went to court? Were the parties found guilty or not? Mr. Jones: What, the criminal case? Commissioner Plummer: Yeah. Mr. Jones: I'm not sure. Commissioner Plummer: I move to defer. 80 July 25, 1996 Commissioner Dawkins: Second. Mayor Carollo: It's a motion to defer. There's a second. Mr. Jones: It wouldn't matter anyway, Commissioner. The standards of proof are different. Commissioner Plummer: Just trying to establish a record. Mayor Carollo: All in favor, signify by saying "aye." The Commission Collectively: Aye. Mayor Carollo: OK. 46 has been deferred. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEM 46 WAS CONTINUED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort Mayor Carollo: Here we have another one here, 47. Commissioner Dawkins: Forty-eight. Commissioner Plummer: Forty-eight. Mayor Carollo: This one is going to be deferred, right, on 47? Commissioner Plummer: What is 48? Mayor Carollo: It's the one that Tucker... Mr. Odio: Forty-seven was continued. Commissioner Plummer: Yeah. Mayor Carollo: Yeah, 47, continue for the next meeting. NOTE FOR THE RECORD: At this point, agenda item 47 was continued. 81 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 37. DISCUSS --NO ACTION TAKEN ON PROPOSED $170,000 SETTLEMENT TO TERRI LYNN TILLMAN, WITHOUT ANY ADMISSION OF LIABILITY IN FULL AN COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY. Commissioner Plummer: Forty-eight. Mayor Carollo: Forty-eight is another one. Commissioner Plummer: Which one is that one? Mayor Carollo: Hundred and seventy thousand ($170,000). A. Quinn Jones, III, Esq. (City Attorney): This is the alleged rape. Commissioner Plummer: I understand, but... What? Mr. Jones: This is the alleged rape. Commissioner Plummer: Oh, that the policeman raped a woman. Captain Joseph Longueira: The policeman was arrested. He was acquitted, but he resigned from the department also. Commissioner Plummer: But he was found not guilty. Captain Longueira: He was acquitted, yes. Commissioner Plummer: OK. Mayor Carollo: Unfortunately, my understanding is that that acquittal, the testimony of the acquittal, cannot be introduced into evidence in the civil case; is that correct? Mr. Jones: That's correct. Mr. Cesar Odio (City Manager): Why do we have to pay them if he was not guilty? Mr. Jones: You have to understand that the standards of proof are different from a criminal case and a civil case. All you have to show in the civil case is a preponderance of evidence that... OK? Mayor Carollo: My question to you, Quinn... Mr. Jones: Yes. Mayor Carollo: Am I correct in making the statement that I did, that we cannot introduce the evidence from the criminal case into the civil case? Mr. Jones: That's correct. 82 July 25, 1996 stiised,� Commissioner Plummer: Well, I'm in favor of no action by this Commission. You all do w you want. Mr. Jones: Well, we'll try the case. I'm only bringing this to you so... Commissioner Plummer: And I understand. Mr. Jones: ... to let you know about the pitfalls in this. This is a civil rights case. If tl recover one dollar ($1), they're entitled to attorney's fees. That's all I'm trying to tell you, Commissioner Plummer: If they're proven not guilty, do we get our attorney fees? Mr. Jones: No. I mean, that's a criminal case. That's a different... Commissioner Plummer: No, no, no. Mr. Jones: We don't... Commissioner Plummer: Listen tome. Mr. Jones: Yes. Commissioner Plummer: In the civil rights case... Mr. Jones: Yes. Commissioner Plummer: ... if they get a dollar, they get attorney fees. Mr. Jones: That's correct. Commissioner Plummer: If they get nothing, do we get our legal fees? Mr. Jones: No. We can move for costs, but not attorney's fees. Commissioner Plummer: You know, there's something radically wrong there. Mr. Jones: Well, that's the nature of the civil rights law. Commissioner Plummer: Well, I'm not saying it's right. Mr. Jones: Yeah. Mayor Carollo: Well, what is the will of this Commission? Commissioner Plummer: No action, as far as I'm concerned. Fight it. Mayor Carollo: All right. The Commission does not... Well, it's a resolution not to accep settlement. Commissioner Plummer: No action by this Commission to proceed. Mr. Jones: You need to take... 83 July 25, Mayor Carollo: That's fine. That's fine, either way. END OF DISCUSSION -- NO ACTION TAKEN Mayor Carollo: Forty-nine has been withdrawn. ---------------------------------------------------------------------------------------------------------------- 38. ACCEPT PROPOSAL --PENINSULA STATE LEGAL SERVICES PLAN, INC., (PENINSULA) --TO PROVIDE GROUP PREPAID LEGAL SERVICES PLAN --TO FULL-TIME NON -UNION AND ELIGIBLE UNION EMPLOYEES CITY EMPLOYEES. Mayor Carollo: Fifty... Commissioner Plummer: ... two. Commissioner Dawkins: Fifty, 50. Commissioner Plummer: Fifty? Mayor Carollo: Fifty. Forty-nine has been withdrawn. Commissioner Plummer: Oh, I'm sorry. Mayor Carollo: We're at 50 now. Commissioner Plummer: I'm sorry. i Mr. Cesar Odio (City Manager): This is to provide legal... the ability for our employees to have j legal... prepaid legal counsel. Commissioner Plummer: Move it. Mayor Carollo: Dawkins makes the motion, Plummer seconds it. Hearing no further discussion, all in favor, signify by saying "aye." The Commission (Collectively): Aye. 84 July 25, 1996 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-566 A RESOLUTION ACCEPTING THE PROPOSAL OF PENINSULA STATE LEGAL SERVICE PLAN, INC. ("PENINSULA"), FOR THE PURPOSE OF PROVIDING A GROUP PREPAID LEGAL SERVICES PLAN, AT NO COST TO THE CITY, TO APPROXIMATELY 260 FULL-TIME, NON -UNION CITY OF MIAMI EMPLOYEES AS WELL AS ELIGIBLE UNION EMPLOYEES CONTINGENT UPON UNION AGREEMENT FOR PARTICIPATION; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PENINSULA FOR AN INITIAL TERM OF TWO YEARS, RENEWABLE AT THE CITY OF MIAMI'S OPTION FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT THE SAME TERMS AND CONDITIONED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ----------------------------------------------------------------------- ----------------------------------------- 39. (A) AUTHORIZE PROFESSIONAL SERVICES AGREEMENTS -- INDIVIDUALS TO PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR POLICE DEPARTMENT --ALLOCATE FUNDS ($150,000)FOR SIX MONTHS. (B) IF NO IMPROVEMENT AFTER SIX MONTHS, RESCIND APPROVAL FOR PROFESSIONAL SERVICES AGREEMENT. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Fifty-one has been withdrawn. Commissioner Plummer: Fifty-two. I'm going to seriously question... Mr. Cesar Odio (City Manager): This is... I question this. I just questioned this at budget time. Did I remove this amount? Did I? Captain Joseph Longueira: No. But we... Commissioner Plummer: What happened last year when Commissioner Dawkins went to junior college, got them to establish a program of training? You know, I don't understand. 85 July 25, 1996 Mr. Odio: Commissioner, can I tell you something? In... From what I have seen through the budget years and all, it's very difficult to keep these people on, working. It's a very bad job. It's very hard. Commissioner Plummer: How do other people do it? Commissioner Dawkins: It's difficult to get people, because you won't pay. Mr. Odio: That... We don't... We pay... We raised the pay. Commissioner Dawkins: OK? If you... What are you advertising this job at? Captain Longueira: Commissioner... Mr. Odio: Yeah, Commissioner, you're right. Commissioner Dawkins: What are you advertising the job at, the max? Captain Longueira: Starting pay... Commissioner Dawkins: Yes. Captain Longueira:... is twenty-one thousand ($21,000). Commissioner Dawkins: All right. Twenty-one thousand dollars ($21,000). Captain Longueira: For the... Commissioner Dawkins: Who's going to work for twenty-one thousand dollars ($21,000)? Commissioner Plummer: Yeah, but that's... the rest of it? Commissioner Dawkins: Mm-hmm. Commissioner Plummer: You've got some of them, with overtime, are making seventy and eighty thousand ($70,000 and $80,000). Commissioner Dawkins: Thank you, J.L. See? Now, I will go along... Captain Longueira: But that's because they're filling in. Commissioner Dawkins: I will go along with the will of this Commission, but my thing would be to either go out and advertise for thirty-five thousand dollars ($35,000), and get somebody who can come in and do the job, or just say that... Do without the dispatchers. Commissioner Plummer: Well, Commissioner, let me tell you what I would be in favor of at this point. Let's go out and get, locally, what others are paying who are not having the problems. OK? Captain Longueira: Commissioner, everybody is having a problem. Sir, you know that. And we did do that. We were below and we raised it. Commissioner Plummer: Joe, Joe, you cannot convince me that people are not hungry, out there looking for jobs. 86 July 25, 1996 Mr. Odio: It's a very difficult job. Commissioner Dawkins: OK. Well, I will vote for it, if you go out for thirty-five thousand dollars or thirty-two thousand dollars ($35,000 or $32,000). But, J.L., like you've said, we've gone through this. And the Police Department can tell me nothing, because if you could solve the problem, you would have solved it. Commissioner Plummer: That's right. Commissioner Dawkins: So don't stand up here and try to convince me that in one year, you're going to do any better in one year than you did in the last three years. Commissioner Plummer: And I never saw one ad, nor one job proposal in which they invited j people to attend a class at Dade Junior to try and get training. There was never any effort made. Commissioner Dawkins: OK. All I can say is that... Commissioner Plummer: All right. I'll vote for it this time, but let it be understood, I'm here another three years. I'll never vote again. OK? Mr. Odio: Well, no, because... Mayor Carollo: What do you mean, "no"? Commissioner Dawkins: No, three years... Mayor Carollo: He's not going to be here in three years? Mr. Odio: Oh, he's old, but I don't know about that. Commissioner Dawkins: Wait a minute, wait a minute. This is three years and not one year? Mr. Odio: No, sir, this is one year. But... Commissioner Plummer: No. This is one year. Mr. Odio: You want me to pull it? Commissioner Plummer: But what I'm saying is, don't bring it back in my remaining two. Commissioner Dawkins: No. OK. I tell you what. Mr. Odio: This would be the last time. Commissioner Dawkins: Let me amend your motion, J.L. Commissioner Plummer: Go ahead. Commissioner Dawkins: I amend the motion that we pass this for six months. Commissioner Plummer: Fine. Commissioner Dawkins: And at the end of the six months, if you have not made any efforts to raise the salary and recruit people who are capable of doing the job... See, because I know, my 87 July 25, 1996 fellow Commissioners, for thirty-two thousand dollars ($32,000), there are other people in the 1 City of Miami who would transfer from wherever they are over here, and do the job. Mayor Carollo: Well, there's a motion with an amendment made by Plummer, seconded by Dawkins. Hearing no... '. Commissioner Plummer: That's for half the amount; is that correct? Mayor Carollo: Yeah. Commissioner Dawkins: That's right, for half the amount, yes, sir. Mayor Carollo: Hearing no further discussion, all in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: Fifty-three... Commissioner Dawkins: OK. Come back in six months from today. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-567 A RESOLUTION (PENDING FROM THE LAW DEPARTMENT) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort 88 July 25,1996 Commissioner Plummer: Let me tell you what I'm in favor of, if they don't do it. OK? Commissioner Dawkins: Go right ahead. Go right ahead, J.L. Mayor Carollo: Yeah. Fifty-three, 54, 55 have been deferred or actually withdrawn. Commissioner Plummer: Mr. Mayor, if I may. On the item of the dispatchers, if, in fact, you do not establish a class of dispatchers at Dade Junior, you're looking at, for my motion, to turn over dispatching to Dade County. Go ahead. Captain Longueira: Commissioner, can we tell you what we did with that? Commissioner Plummer: That will get it done. Commissioner Dawkins: That's all. That's all. Mayor Carollo: No. That, I would not be in favor of. Commissioner Dawkins: OK. That's something that... Mayor Carollo: That, I would not be in favor of. Commissioner Dawkins: That will get them off the dime. That will get them off the dime, Joe. Commissioner Plummer: That's right. Commissioner Dawkins: That will make them get off the dime. Captain Longueira: Mr. Mayor, can we tell you... We did talk to Dade. We did try to negotiate with them, and Chief Martinez can tell you exactly what happened. Commissioner Dawkins: But did you come back... Mayor Carollo: Well, we... Captain Longueira: We couldn't finalize a deal. Commissioner Dawkins: Did you come back to the Commission? No, no, no. Did you come back to the Commission and tell the Commission you were having a problem? Captain Longueira: No, sir, we didn't. Commissioner Dawkins: OK. So you really didn't intend to resolve it. Mayor Carollo: All right. Gentlemen, we're finished the discussion on this one. Let's get together on that later. Commissioner Plummer: All right. all July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 40. ACCEPT BID: SNAPP INDUSTRIES --FOR (MIAMI POLICE DEPARTMENT HEADQUARTERS BUILDING CONCRETE REPAIRS AND EXTERIOR RESTORATIONS A,B,C--ALLOCATE FUNDS ($1,189,235.50, CIP 312030). Commissioner Plummer: I move 56. Mayor Carollo: Fifty-three, withdrawn; 54, and 55 withdrawn. Let's go to item 56. Commissioner Plummer: Move it. Mayor Carollo: There's a motion by Plummer, second by Dawkins. Any discussion from the Commission? Commissioner Dawkins: OK, if you say so, but what is it? Mayor Carollo: Let me wait, Commissioner, for you to go over it. Commissioner Dawkins: OK, go ahead. OK, no problem. Fifty-six? Mayor Carollo: OK. Yeah, 56. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-568 A RESOLUTION ACCEPTING THE BID OF SNAPP INDUSTRIES, INC., IN THE PROPOSED AMOUNT OF $1,038,750.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED: "MIAMI POLICE DEPARTMENT HEADQUARTERS BUILDING CONCRETE REPAIRS AND EXTERIOR RESTORATIONS, A, B, & C, SECOND BIDDING, B-6248"; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT (CIP) NO. 312030, AS APPROPRIATED BY CIP ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $1,038,750.00 TO COVER THE CONTRACT COST AND $150,485.50 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $1,189,235.50; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 90 July 25, 1996 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ------------------------------------------------- -------------------------------------------------------------- 41. RESCIND 96-6 1 --SUBSTITUTE PROPOSED RESOLUTION AUTHORIZING MANAGER TO NULLIFY CONTRACT BETWEEN CITY AND AUSTIN CONSTRUCTION CORPORATION -- FOR PROJECT ENTITLED: MIAMI POLICE DEPARTMENT HEADQUARTERS BUILDING CONCRETE REPAIRS AND EXTERIOR RESTORATIONS A, B, C, B-6248. --------------------------------------------------------------- ------------------------------------------------ Commissioner Plummer: Move 57. Mayor Carollo: Fifty-seven has been moved. Commissioner Dawkins: Second. Mayor Carollo: Seconded by Dawkins. No further discussion. All in favor, signify by saying The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-569 A RESOLUTION RESCINDING RESOLUTION NO. 96-61, ADOPTED JANUARY 25, 1996, IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF THE HEREIN RESOLUTION AUTHORIZING THE CITY MANAGER TO NULLIFY THE CONTRACT BETWEEN THE CITY OF MIAMI AN W.P. AUSTIN CONSTRUCTION CORPORATION FOR THE PROJECT ENTITLED: MIAMI POLICE DEPARTMENT HEADQUARTERS BUILDING CONCRETE REPAIRS AND EXTERIOR RESTORATIONS, A, B AND C, B-6248. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 91 July 25, 1996 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 42. ACCEPT BID: METRO TECH EQUIPMENT CORP.,--TO FURNISH ASPHALT PATCH TRUCK --FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE FUNDS ($104,280). Mayor Carollo: Fifty-eight. Commissioner Plummer: Move it. Mayor Carollo: Moved by Dawkins. Commissioner Plummer: Second. Mayor Carollo: Second by Plummer. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. Commissioner Dawkins: Do we... OK. Under discussion. Commissioner Plummer: Defer 59. Commissioner Dawkins: No. OK, under discussion. Do we have personnel to work on and operate the asphalt patch truck? Mr. Wally Lee (Assistant City Manager): Yes, sir. Commissioner Dawkins: See, because... Mariano? Mr. Cruz. See? See? We are buying an asphalt truck. I just asked him, do we have personnel to operate the patch truck, or will we be privatizing this again next year? We're buying the trucks. Mr. Mariano Cruz: One thing I'm going to say to the public. I work in North Miami. I always admire the little department of Public Works. They're always patching, they're always fixing. They do more so their work in North Miami with their own people, and this big City can't do it. And you go there, and their response is a lot faster, I think. Commissioner Dawkins: Thank you, sir. 92 July 25, 1996 Mayor Carollo: That will change, too, Mr. Cruz. Don't worry. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-570 A RESOLUTION ACCEPTING THE BID OF METRO TECH EQUIPMENT CORP., A NON-LOCAL/NON-MINORITY VENDOR, FOR THE FURNISHING OF A NEW 1996 ASPHALT PATCH TRUCK TO THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED AMOUNT OF $104,280.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 341171, ACCOUNT CODE NO. 319301-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Joe Carollo NAYS: None. ABSENT: Vice Mayor Wifredo Gort Mayor Carollo: Fifty-nine we're going to defer for this afternoon. Commissioner Plummer: Right. NOTE FOR THE RECORD: At this point, agenda item 59 was continued tot e afternoon_. Mayor Carollo: And the last item we will have in the morning agenda would be item 60. Commissioner Plummer: Move it. Commissioner Dawkins: Second. Commissioner Plummer: It takes four -fifths. It's got to be this afternoon. Mayor Carollo: Well, we can't handle it. We've got to defer that for the afternoon, also, the four -fifths. NOTE FOR THE RECORD: At this point, agenda item 60 was continued to the afternoon. 93 July 25, 1996 "A Mayor Carollo: We'll be meeting again at 2:00 p.m, Commissioner Dawkins: OK. Mayor Carollo: Thank you. -------------------------------------- --------------- ----------------------------------------------------- 43. COMMISSIONER PLUMMER INVITES THE COMMISSION TO BID FAREWELL TO MIAMI HERALD NEWSPAPER REPORTER JOANN CAVANAUGH. Commissioner Plummer: Can we make notation, Mr. Mayor? Miami is getting rid of Joane Cavanaugh, can we bid her farewell? Commissioner Dawkins: Why? You mean to say she's leaving and we didn't buy a cake? Well, bring a cake back at two o'clock. Commissioner Plummer: Mr. Manager... Commissioner Dawkins: Mr. Manager, bring a cake back, farewell for her at two o'clock. Commissioner Plummer: Mr. Manager... Mr. Cesar Odio (City Manager): Is that with dynamite inside or... Mayor Carollo: No, the one with the white powder. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11:08 A.M. AND RECONVENED AT 2:05 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Mayor Carollo: I'm expecting Vice Mayor Gort to arrive from the airport. He just got into town, and he's on his way back. We're going to make presentations of two proclamations. If the people from the Biscayne West Neighborhood Association would come up. Are they here? OK. They're not here, so which one is here? (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mayor Carollo: OK. And the Caribbean Awareness Week? Unidentified Speaker: They are not here either. They had to take it to Tallahassee. Mayor Carollo: OK. I guess these people aren't here then. Well, we're going to wait just a few minutes. Commissioner Plummer: Vice Mayor Gort is here. Mayor Carollo: Oh, he's here? Good. Do me a favor, Mario... OK. We have the four -fifths vote we need now. Thank you, Vice Mayor Gort, for making it so quickly back. Now, 94 July 25, 1996 Plummer, behave yourself. We took the items that you requested out of the agenda. Do you have the list for me? Mr. Cesar Odio (City Manager): Mr. Mayor, if I may. Item... Mayor Carollo: OK. We have to go, then, back to... Mr.Odio: Four. Mayor Carollo: ... item 2 on the agenda. Commissioner Plummer: We finished all of the regular agenda except your items. Mayor Carollo: Yeah. And there were several, Vice Mayor, that we had to leave for you, because they required a four -fifths vote. Vice Mayor Gort: Thanks. ---------------------------------------------------------------------------------------------------------------- 44 (A) RATIFY EMERGENCY PURCHASE OF HIGH DENSITY FILE STORAGE SYSTEM FROM UNITED BUSINESS SYSTEMS -- FOR FIRE -RESCUE AND RISK MANAGEMENT --ALLOCATE FUNDS ($32,454) (B) DIRECT ADMINISTRATION TO COMPLETE OFFICES FOR COMMISSIONERS AT RIVERSIDE CENTER BY SEPTEMBER 1996-- FURTHER, TO PROVIDE COMMISSIONERS AN AUDIT REPORT OF EXPENDITURES FOR RIVERSIDE CENTER (NEW ADMINISTRATION BUILDING). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Item 2? Mayor Carollo: Well, actually, item 4, we're on. Commissioner Plummer: Well, Joe, also, all of the appointments. Mayor Carollo: Yeah. Well, we're going to leave that right for the end, J.L., OK? Commissioner Plummer: OK. Fine. Mayor Carollo: Let's leave the appointments right for the end and handle the people that we have before us here. Item 4. i Commissioner Plummer: Are you ready? I move item 4. Commissioner Dawkins: Second. Mayor Carollo: There's a motion by Commissioner Plummer, and, of course, a second by Commissioner Dawkins. Can the City Attorney... Commissioner Dawkins: Hold it. Under discussion. Hold it. Mayor Carollo: Under discussion. 95 July 25, 1996 Commissioner Dawkins: What is item 4? Mayor Carollo: It's the Fire Department's item. Commissioner Plummer: It's really... Mayor Carollo: Risk Management, actually. Commissioner Plummer: Yeah, it's Risk Management. They needed a place to store materials. They did not have the space in the new building, and rather than... This is just a matter of a place for storage. Commissioner Dawkins: All right. Mayor Carollo: Any further... Commissioner Dawkins: When you sat here and bought the building, you told me everything that you needed would be in the building. Commissioner Plummer: For the first 30 days. Commissioner Dawkins: All right? Now, we don't have parking, that's not in the building. Now, you don't have storage space, that's not in the building. What else isn't going to be in the building? Commissioner Plummer: Commissioner Dawkins' office. Commissioner Dawkins: Say what? Mr. Cesar Odio (City Manager): We have never had the kind of... Commissioner Dawkins: The Fire Chief told me I would not get in there until January 1, and that's what's happened. So I don't have a problem with that. Mr. Odio: No, sir. They'll be ready. But this is for filing... Commissioner Dawkins: The office will ready when? You hung up. You didn't say what. Mr. Odio: Before November. Before... At the end of September, we'll be getting people moving there. Commissioner Dawkins: All right. You and I had the same... Mayor Carollo: Mr. Manager, let me say this to you, sir, and with all sincerity. I don't care what you have to do, but you have offices ready for this Commission there come September. The offices were supposed to be ready earlier this year. They were not. Then it was supposed to be a few months after March. They were not. Now, it's September. There's no reason that I see why those offices for the Commission cannot be ready. Mr. Odio: There was a reason. There was a reason. The problem is that we had... We felt that we were being overcharged by the contractor. We had to hire a mediator to make sure that we were not overpaying. That has been concluded. Now, the drawings are in the... And we should be finishing everything by... before September. 96 July 25, 1996 Mayor Carollo: Well, Mr. Manager, frankly, that might be a reason to you, but I still don't see it as a reason, because that job could have been finished, and we could have negotiated that afterwards. Commissioner Dawkins: How could you do drawings for the tenth floor, where the Manager and everybody is, and don't do drawings at the same time for the ninth floor, where the Commissioners are supposed to go? Mr. Odio: There were, sir. There were. The problem is when we... In the process of almost finishing the ninth floor and other floors, we discovered that we were being overcharged. Commissioner Dawkins: But you had completed the tenth floor. Mr. Odio: They were very... Commissioner Dawkins: You should have completed the ninth floor, and you should have found out on the tenth floor that you were being overcharged. OK? Never mind, then. OK. Mr. Manager, I am not going to deny you the right to store files, but somewhere, there has to be an audit of what we're doing, how much money was spent, why you spent it, and what you're doing it for. Now, I guarantee you, you'll be back in here within three weeks for something else. Mr. Odio: I will tell you this. The City Clerk has to find space to store all his files. We have to keep files for 20 years. Commissioner Dawkins: But the City Clerk has a grant. The City Clerk has been looking for space outside. The City Clerk, has negotiated the rental of space to put archives or whatever it is. So the City Clerk is not looking for any space in the new building. Mr. Odio: That's what I mean. We will be coming back here for space outside, and not for the City Clerk. Commissioner Dawkins: Yeah, but you're not coming back. The City Clerk is coming. You see, we have to understand that the Manager has an office, the City Attorney has an office, and the City Clerk has an office. And if the City Clerk is going to allow you to run the City Clerk's Office, the City Clerk should resign. Mr. Odio: Well, I don't do that, but I was telling... Commissioner Dawkins: Well, he should. He should resign. If he can't make a decision and he's the Clerk, and he's hired by us, and he's supposed to report to us, he's supposed to get direction from us, and he let's the City Manager tell him what to do and what not to do. You should resign. Mayor Carollo. Chief, the files that you're asking for are for the new building then? Chief Frank Rollason (Risk Management/Fire Rescue): That's correct. They are the files that are coming from Risk Management down... Vice Mayor Wifredo Gort: Your mike's not on, Chief. Your mike's not on. Chief Rollason: It's not? Well, I don't... Is it on now? No? Yes? No? Hello. There it is. Mayor Carollo: OK. Now, the question is, the file system that you're asking for, it's a brand new one for the new building. 97 July 25, 1996 4 Chief Rollason: Yes, sir. Mayor Carollo: I have the utmost respect for you, Chief. I think you're one of the senior members of this City in the Administration that does a fine job. Let me tell you the problem that I have. I will vote for this. Let me tell you the problem that I'm having. On November 16, 1995, the day after I got sworn in, right where you're at, the Fire Chief came requesting several million dollars to handle all the furniture, everything that we needed for the new building. It was a lot of money, I thought, and he assured me - the Chief is here, and we could pull the minutes out and go over them for the next meeting - he assured me when I asked if that was going to be all that we were ever going to be asked for, he said, yes, we didn't need any more. That, in fact, we had a contingency amount there that we had in case we went over and we could use some additional dollars that we had there. Now, I'm finding out that in every meeting, there's more and more and more requests, and it's a never-ending thing. Chief Rollason: Well, that's not exactly the case. We have to go back in time. What really happened with this is that this money was allocated to put this system in at the DuPont two budget years ago. And when I found that we were going to make the move to MRC (Miami Riverside Center), I stopped that process, because I couldn't see investing that money in the DuPont and then abandoning it, or trying to pay to rip it out. Mayor Carollo: And you did right, sir. Chief Rollason: So what we did is, we have sat where we are. Now, we're looking to install the same system over at MRC. It not only gives us our space, and takes care of our space problem, but it gives us a way to track these documents that leave Risk Management and go to Personnel, and go to the Law Department, and, you know... Mayor Carollo: I'm not saying that you don't need it, Chief. Please don't misunderstand me. Chief Rollason: OK. Commissioner Carollo: I'm voting for it. If you're telling me that we need it, I believe in you. What I'm saying is simply what I stated. Chief Rollason: Yes, sir. Mayor Carollo: I was told that we were not going to be asked for any additional dollars. Mr. Manager, what I'd like to have from you, sir, by next week sometime before you go is a list, with dollar amounts, of any other monies that we have to spend on any equipment, any furniture, anything in the new Administration Building, so that we could have a real amount of how much more we have to spend there. Mr. Odio: I'm not going to bring any more here, I can assure you of that. So. Mayor Carollo: OK. Good. It's good to hear that. Mr. Odio: So I don't... They better use the old chairs. Chief Rollason: Our furniture, we're moving our existing furniture there, our chairs, our desks Whatever we can move in the offices, we're moving over there. We're not buying new. Mayor Carollo: Great. All right, sir. Thank you very much. Hearing no further discussion, the City Attorney could read the ordinance, please. 98 July 25, 199C Mr. Jones: No, it's a resolution. Mayor Carollo: Oh, right. Excuse me, it's a resolution. Hearing no further discussion, all in favor say "aye." The Commission ((Collectively)): Aye. Mayor Carollo: It passes. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-571 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS AND WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE PURCHASE AND INSTALLATION OF A HIGH -DENSITY FILE STORAGE SYSTEM FOR THE DEPARTMENT OF FIRE -RESCUE, RISK MANAGEMENT DIVISION; AND FURTHER APPROVING THE PURCHASE OF SAID EQUIPMENT FROM UNITED BUSINESS SYSTEMS, IN AN AMOUNT NOT TO EXCEED $32,454.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF FIRE -RESCUE FISCAL YEAR 1995-96 OPERATING BUDGET, ACCOUNT CODE NO. 620103-840-515001; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID PURCHASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 99 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 45. EMERGENCY ORDINANCE: AMEND 11167 WHICH ESTABLISHED SPECIAL REVENUE FUND ("OPERATION C.A.R.S.") -- ACCEPT FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY GRANT ($3,000.) -- COMMISSIONER DAWKINS REQUESTED AN ITEMIZED LIST OUTLINING WHAT WILL BE PURCHASED WITH THE $84,000 GRANT FOR "OPERATION C.A.R.S.". ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move item 11. Mayor Carollo: Item 11 is the next one in line. There's a motion by Plummer, Gort seconds it. Is there any further discussion? A. Quinn Jones, III, Esq. (City Attorney): It's an ordinance. Commissioner Dawkins: Under discussion. Mr. Manager. Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Dawkins: What was the total amount of the grant, before we add the three thousand to it? Mr. Odio: The total amount... I just have to find that. Captain Joseph Longueira: Commissioner, it was. Prior, it was 81,086. Commissioner Dawkins: What year? Captain Longueira: This is this current year. It ends the end of September, and that's why we're trying to get this as an emergency. The State notified us they had additional monies, and we have to receive it now, and we have to expend it by the end of September. Commissioner Dawkins: What are we... I mean, I see what it says here. Operation C.A.R.S. How many officers are involved in this, and how is the money spent? Assistant Chief John Brooks (Police Dept.): Good afternoon, Commissioner. Assistant Chief Brooks. This money, Commissioner, is used for... grant is used for equipment. There is no overtime in this particular grant. The money is spent within the investigations unit, which is the auto theft unit. It's used to coordinate and buy equipment for some of the investigations that they conduct. Commissioner Dawkins: And for the year, we bought eighty-four thousand dollars ($84,000) worth of equipment. Assistant Chief Brooks: We will. We haven't spent it yet. Commissioner Dawkins: OK. Mr. Manager, I'd like an itemized list of what was purchased that will come up to eighty-four thousand dollars ($84,000). Thank you. No further questions. Assistant Chief Brooks: Thank you, Commissioner. 100 July 25, 1996 Mayor Carollo: OK. Any further questions from the Commission? Hearing none, can you read the ordinance? Would you call the roll, please. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11167, ADOPTED JULY 14, 1994, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "OPERATION C.A.R.S."; AUTHORIZING THE CITY MANAGER TO ACCEPT AN ADDITIONAL GRANTS, IN THE AMOUNT OF $3,000.00, FROM THE FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY AND TO EXECUTE ANY NECESSARY DOCUMENT TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer and seconded by Vice Mayor Gort, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor Gort, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11383. 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. 101 July 25, 1996 ---------------------------------------------------------------------------------------------------------- 46. EMERGENCY ORDINANCE: AMEND 11274 WHICH ESTABLISHED SPECIAL REVENUE FUND ("INITIATIVES GRANT FOR OUTREACH TO THE HOMELESS") -- UNITED STATES DEPARTMENT OF HOUSING/URBAN DEVELOPMENT (USHUD) GRANT ($261,105) THROUGH DADE COUNTY HOMELESS TRUST. Commissioner Dawkins: Move 12. Commissioner Plummer: Second. Mayor Carollo: Move 12. Second by Plummer. Any further discussion? Can you read the ordinance? Call the roll, please. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11274, ADOPTED JULY 13, 1995, WHICH ESTABLISHED A SPECIAL REVENUE FUND ENTITLED: "INITIATIVES GRANT FOR OUTREACH TO THE HOMELESS", THEREBY INCREASING THE APPROPRIATIONS TO SAID FUND IN THE AMOUNT OF $261,105, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("USHUD") THROUGH THE DADE COUNTY HOMELESS TRUST ("TRUST"), AN AGENCY OF METROPOLITAN DADE COUNTY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM USHUD AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Dawkins and seconded by Commissioner Plummer, for adoption as an emergency measure and, dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 102 July 25, 1996 "IN Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11384. 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. ---------------------------------------------------------------------------------------------------------------- 47. DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE: AMEND SECTION 1 OF CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE TO ALLOCATE $1,925,000 FOR (FIRE -RESCUE VEHICLE ACQUISITION) -- DIRECT ADMINISTRATION TO SCHEDULE ITEM DURING BUDGET HEARINGS TO EXPLAIN DISBURSEMENT OF $2 MILLION. Commissioner Plummer: Now we go to... Mayor Carollo: Item 14. Commissioner Plummer: Fourteen? Mayor Carollo: It's an ordinance, first reading. Vice Mayor Gort: Move it. Mayor Carollo: Moved by Vice Mayor Gort. Commissioner Dawkins: Hold it. What is 14 here? Mayor Carollo: That's 14. We'll wait for... Commissioner Dawkins: I move that this be deferred, and that it come up during the budget hearing, because I'd like to know, for my information, how this is going to be disbursed in the '96/97 Fire budget. And this is a two million dollar ($2,000,000) additional funding, and I would like to have this deferred until the budget hearing. Mayor Carollo: OK. There's a motion for this item 14 to be deferred. Is there a second? Commissioner Plummer: Fine, if he wants a second. Mayor Carollo: Second by Commissioner Plummer. All in favor, signify by saying "aye." 103 July 25, 1996 The Commission ((Collectively)): Aye. Mayor Carollo: It's been deferred. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-572 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11337, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, ALLOCATING ADDITIONAL FUNDS [$1,925,000] FOR FIRE -RESCUE VEHICLE ACQUISITION); FURTHER DIRECTING THE MANAGER TO BRING THIS BACK DURING THE BUDGET HEARINGS WITH EXPLANATION OF HOW THIS ADDITIONAL $2,000,000 WILL BE DISBURSED IN THE 96-97 FIRE -RESCUE DEPARTMENT BUDGET. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ----------- ----------------------------------------------------------------------------------------------- 48. FIRST READING ORDINANCE: AMEND CAPITAL IMPROVEMENTS ORDINANCE 11337 -- CONTINUE TO ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO (CIP) BEGIN DURING FISCAL YEAR 1995-1996. Mayor Carollo: Item number 15 is next, a first reading. Commissioner Plummer: Move it. Mayor Carollo: Moved by Plummer, seconded by Gort. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996; CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1995-1996; PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 104 July 25, 1996 was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 49. RATIFY, APPROVE AND CONFIRM MANAGER'S PURCHASE AND INSTALLATION OF AIR CONDITIONING SYSTEM FOR PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC. (PULSE) -- ALLOCATE FUNDS ($10,000). Mayor Carollo: We're going to item 22 on the agenda. Commissioner Plummer: Is this a City building? Mr. Cesar Odio (City Manager): Yes, it is, sir. By the cemetery. Commissioner Plummer: Move it. Commissioner Dawkins: Second. Mayor Carollo: There's a motion by Plummer, and a second by Commissioner Dawkins. Any further discussion? Hearing none, all in favor, signify by saying "aye." The Commission ((Collectively)): Aye. Mayor Carollo: It's passed unanimously. 105 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.96-573 A RESOLUTION BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT A VALID EMERGENCY EXISTS FOR THE PURCHASE AND INSTALLATION OF AN AIR CONDITIONING SYSTEM FOR PEOPLE UNITED TO LEAVE THE STRUGGLE FOR EQUALITY, INC. (PULSE), LOCATED ON CITY -OWNED PROPERTY AT 150 NORTHWEST 19TH STREET, MIAMI, FLORIDA, AT A TOTAL COST NOT TO EXCEED $10,000.00; WAIVING COMPETITIVE BIDDING PROCEDURES; AND AUTHORIZING THE CITY MANAGER TO SOLICIT QUOTES FOR SAID PURCHASE AND INSTALLATION AND TO AWARD A CONTRACT TO THE MOST RESPONSIVE AND RESPONSIBLE VENDOR, AS DEEMED APPROPRIATE; ALLOCATING FUNDS THEREFOR IN THE AMOUNT OF $10,000.00 FROM ACCOUNT NUMBER 921201- 84E 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 50. APPROVE RESOLUTION NOMINATING FIVE (5) INDIVIDUALS PER COMMISSIONER TO REPRESENT ALLAPATTAH, LITTLE HAVANA, MODEL CITY, OVERTOWN AND WYNWOOD NEIGHBORHOODS --TWO (2) FROM EACH NEIGHBORHOOD TO BE SELECTED BY COUNTY COMMISSION TO SERVE ON FEDERAL ENTERPRISE COMMUNITY COUNCIL --DIRECT CLERK TO FORWARD 96-574 TO BOARD OF COUNTY COMMISSIONERS. Mayor Carollo: Item 25 from the agenda. Commissioner Plummer: This is five individuals per neighborhood, and there's one, two, three, four, five neighborhoods. Correct? Mr. Cesar Odio (City Manager): Two from each neighborhood. Vice Mayor Gort: Two from each neighborhood. 106 July 25, 1996 Mr. Odio: Two from each neighborhood. Mayor Carollo: Can we read the names of the people that have been nominated? Commissioner Plummer: Excuse me. I'm confused. Nominating five individuals. Five... Mayor Carollo: Five. Commissioner Plummer: ... per neighborhood. Mr. Odio: Up to. Commissioner Plummer: That's not what it says here. It says, "Nominating five"... Mayor Carollo: That's exactly... five. Mr. Odio: No. You are right, you are right. I'm sorry. I apologize. Commissioner Plummer: ... individuals. Mayor Carollo: Per neighborhood. Commissioner Plummer: Per neighborhood. Mr. Odio: You're right. Commissioner Plummer: So each one of us will name one to a neighborhood; is that correct? That's to be... Mayor Carollo: Well, there's five neighborhoods, so that's 25 names that we're going to be naming. Commissioner Plummer: And each one of us will name one to each neighborhood. Mayor Carollo: That's correct. We could do that and then... Commissioner Plummer: Well, that's what I would assume. Mayor Carollo: What... Vice Mayor Gort: And the County Commission... Mr. Odio: Well, the thing is, you nominate five, and the Commission of the County appoints two. Mayor Carollo: Yeah. Commissioner Plummer: I understand. OK. I would like this... You know, if others are ready to make their nominations, I'm not. Vice Mayor Gort: I'm not, either. Mayor Carollo: Neither am I. So I'd... 107 July 25, 1996 Commissioner Plummer: OK. But I would like it where we can just submit the names, because the ultimate choice will be the County's. So as far as I'm concerned, we're just to surrender them to the Clerk. Mayor Carollo: Well, I agree. The only problem that we have is that there's four of us here, and they want five names. But I'm sure if we send only four, that should be sufficient for them to j name two out of those. Commissioner Plummer: Oh, yeah. Mayor Carollo: OK. So why don't we have a motion that we will each submit names to the City Clerk, and he will pass them on to the County once he has them all. Commissioner Plummer: That will be fine. But just make it six for each one of us. Mayor Carollo: Excuse me? Commissioner Plummer: Make it six for each one of us, and that's 24. Mayor Carollo: When you say six... Commissioner Plummer: If you name six, each one of us name six people... No, that's 30. I'm sorry. Mayor Carollo: Yeah, it's 30. Commissioner Plummer: I'm sorry. Mayor Carollo: I was wondering why you were asking. Commissioner Plummer: So did 1. Mayor Carollo: OK. Commissioner Plummer: OK, that's fine. Mayor Carollo: All right. Do we... Commissioner Plummer: I move it under those circumstances. Mayor Carollo: OK. There's a motion by Commissioner Plummer, a second by Commissioner Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: And we'll be submitting those names individually to the Clerk. Once the Clerk has all of them, he will submit them to the County. And Mr. Clerk, it's your responsibility to make sure that you remind each and every one of our offices to have those names by next week. Mr. Walter Foeman (City Clerk): OK. Mayor Carollo: Thank you. 108 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-574 A RESOLUTION NOMINATING FIVE (5) INDIVIDUALS, PER NEIGHBORHOOD, TO REPRESENT THE NEIGHBORHOODS OF ALLAPATTAH, LITTLE HAVANA, MODEL CITY, OVERTOWN AND WYNWOOD, FROM WHICH NOMINEES THE BOARD OF COUNTY COMMISSIONERS WILL SELECT TWO (2) FROM EACH NEIGHBORHOOD TO SERVE ON THE FEDERAL ENTERPRISE COMMUNITY COUNCIL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 51. AUTHORIZE ALLOCATION OF $42,000 FROM COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION FACADE TREATMENT PROGRAM ("PROGRAM") --AND ALLOCATION OF $44,800 FROM COMMUNITY DEVELOPMENT BLOCK GRANT CONTIGENCY ACCOUNT FOR REHABILITATION OF BUSINESS PROPERTIES IN ALLAPATTAH, EDISON/LITTLE RIVER, LITTLE HAVANA / WYNWOOD / EDGEWATER TARGET AREAS. Mayor Carollo: Item 26 is the next one we have. Commissioner Plummer: Move it. Commissioner Dawkins: Which item? Mayor Carollo: Twenty-six. Moved by Commissioner Plummer. Vice Mayor Gort: Second. Mayor Carollo: Seconded by Vice Mayor Gort. Is there any further discussion from the Commission? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. 109 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-575 A RESOLUTION AUTHORIZING THE ALLOCATION OF FORTY-TWO THOUSAND DOLLARS ($42,000.00) FROM THE COMPREHENSIVE CITYWIDE COMMERCIAL REHABILITATION FACADE TREATMENT PROGRAM ("PROGRAM"), PROJECT NO. 799602, AND THE RE -ALLOCATION OF FORTY- FOUR THOUSAND, EIGHT HUNDRED DOLLARS ($44,800.00), FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY ACCOUNT TO REHABILITATE SIXTY-TWO (62) BUSINESS PROPERTIES LOCATED IN THE ALLAPATTAH, EDISON/LITTLE RIVER, LITTLE HAVANA, AND WYNWOOD/EDGEWATER TARGET AREAS, UNDER SAID PROGRAM; ESTABLISHING THE FUNDING MATCH AND REQUIRING SUBMISSION OF DOCUMENTATION PERTAINING TO THE FACADE REHABILITATION PROJECTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 110 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 52. (A) (CONTINUED) DISCUSS AND APPROVE IN PRINCIPLE DESIGNATION OF HOUSING INITIATIVE GROUP, INC. AND PALMETTO HOMES OF MIAMI, INC. AS SPONSOR TO DEVELOP 16 NEW SINGLE-FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON 14 CITY -OWNED VACANT PARCELS LOCATED IN COCONUT GROVE, MODEL CITY, AND EDISO N/ LITTLE RIVER NEIGHBORHOODS). (B) ISSUE REQUEST FOR PROPOSALS (RFP) FOR ALL REMAINING UNAWARDED VACANT LOTS FOR PRIVATE DEVELOPERS / CONTRACTORS / INDIVIDUALS TO PROVIDE AFFORDABLE HOUSING. (C) REQUEST VICE MAYOR GORT TO ASSIST MANAGER WITH THE DEVELOPMENT OF RFP -- DIRECT MANAGER TO HAVE RFP READY IN SEPTEMBER. [See Label 22] ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. We're on item 29. Commissioner Plummer: Mayor Carollo, I have a problem here. Mayor Carollo: OK. Commissioner Plummer: And let me, if I may, take the time to explain that. Mayor Carollo: Certainly. Commissioner Plummer: You all have each received the memo of the questions that I asked of the Manager. First and foremost, there was no recent appraisal done. Second of all, this would be deviating from the norm, which we have not done in the past, where it was always a company for non-profit. This is a private, for -profit developer. I'm concerned that this company, obviously, from the looks of it, was formed simply for this purpose, and this company did not exist prior to March the 5th of this year. The final problem that I have is that there have not been any updated appraisals done by the City, when we look at the fact that some of these appraisals and acquisition were done back as far as 1988. I think that it is only proper that we establish a policy which - my understanding was - was going to be that once appraisals would be done, that, in fact, the City would hold to those appraisals. Now, I, like you, read another article in the paper - right or wrong, I'm not sure - that there were developers out there who would have offered more. I think even one article said double what had been offered here. That doesn't bother me about an article in the paper. The only problem I have is, you'll never know, if it's not offered in an RFP (Request for Proposals) to the public, to come back and make a bid. Once they make a bid, this company might be the best company out there, but you'll never know unless you go to a bidding process. And as far as I'm concerned, I look here and I see that there are some very, very well founded people. Yet, the principal of this company is a female, which shows her only as president, with no experience. I don't see her contractor's license number. Obviously, she must not be a contractor. She is the main principal of the company. Her husband - I assume is her husband - Al, is a contractor for 32 years. But when we look at minorities, let's remember that the principal - principal - has to be 51 percent owner, and the holder of the license to qualify as a minority. We're not looking here, though, really, at ill July 25, 1996 minorities. What I'm looking at, and my vote will be predicated on, is that we have a recent appraisal, and that it be offered to an RFP, and let's see if, in fact, this is the best offer that we have. Commissioner Dawkins: Mr. Mayor. Mayor Carollo: Yes, sir. Commissioner Dawkins: Mr. Manager. Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Dawkins: Per your memo, July the 23rd, 1996, one that you have there, you stated that these properties have not been offered for conveyance to the public. Yet, these properties have been off the tax rolls for as long as eight years, according to the schedule attached to the memo, your memo. How long is the Administration going to wait to develop such properties in the black community? OK? No, wait, now. I'm answering Mr. Plummer's concerns. OK? Everywhere else you go - Little Havana, I don't care where it is - you don't have to come up and go through the wringer. You only jump through the hoop in certain areas. Mr. City Attorney - Madam City Attorney - is it legal to convey these kind of properties to Palmetto Housing, to build affordable housing, under the City Charter? Ms. Linda Kearson (Assistant City Attorney): Yes, sir, it is. Commissioner Dawkins: Thank you very much, Madam. Commissioner Plummer: Commissioner Dawkins, I... Commissioner Dawkins: No, no, no. I did not cut you off, sir. Commissioner Plummer: Oh, I'm sorry. I thought you were finished. Commissioner Dawkins: No, sir. Please give me the courtesy to finish, and then I will wait and go to you. Commissioner Plummer: I apologize. I thought you were finished. Commissioner Dawkins: Thank you. All right. No, sir, I'm not through. I got a whole list here. Mayor Carollo: Can you guys kiss and make up now? Commissioner Dawkins: Yes, mm-hmm. Mayor Carollo: OK. Commissioner Plummer: No problem. Commissioner Dawkins: Now, I am aware that historically, this Administration has been giving, probably in error, these kind of properties solely to not -for -profit organizations. But I am not aware of any prohibitions from the Federal government that would preclude us from going directly to for -profit organizations. In fact, the latter is the most common way done by most cities in Florida. In previous Commission meetings, I have suggested to the Administration that we should become much more efficient, selling the properties quicker, and cost-conscious, eliminating, in most cases, the additional cost of not -for -profit in projects not bought by us. In 112 July 25, 1996 every not -for -profit organization, we end up giving administrative cost and everything else. Now, it is true that Palmetto Homes was recently formed, but as they indicated in their bill of information report, its principals have been in the City over 60 years. J.L., you are raising questions about the ability of the developer. However, under this agreement, the developer has to complete the project within a twelve-month period, or the properties revert back to the City. So the developer is putting his money where his mouth is. The City isn't. The City has been holding these properties for as long as eight years, without it paying taxes, and further, having to pay for maintaining them, cutting the grass, trash pick up, which cost is estimated at at least three hundred dollars (NO) per month, per property. The City, in my opinion, has a lot to gain by selling these properties, but it does not have anything to gain if we sell these properties, and these properties price the "affordableness" of the house out of the reach of the people that we're trying to build them for. By the time we finish acquiring this, and doing all of this, the houses could have been built and sold. J.L., we built the - what's that? - St. Hugh Oaks property. We had all of the units sold at the St. Hugh Oaks property. Commissioner Plummer decided that it wasn't equal, and we must go to a lottery. We went to a lottery, and we have yet not sold the houses, although they were sold... And I agreed with J.L., it does not... Certain people came in, paid cash for the houses, but when it came time for the lottery, they said they would not be jerked around. See, I don't know why some people are opposed to this project, but I will let Commissioner Plummer respond, and then I will ask Mr. Rainey to come to the mike. Commissioner Plummer: Thank you, Commissioner. St. Hugh Oaks property went to a lottery because we had more applicants than we had houses, and the only fair way to do St. Hugh was through a lottery, so that we could not be saying that we were distributing these politically. Commissioner, I agree with you on every statement that you have made but two. Number one, this is for profit. This developer, rightfully so, will be putting a profit in his pocket. And there's nothing wrong with that, if he's doing it on his own. The question that I simply have, without going to a bid, we will never know whether or not this was the best deal we could get. If we get a better deal, possibly, the houses could be sold for less money, without a profit being put in a developer's pocket. Now, this is the first time that I think I can recall sitting here that we are doing this for a profit -making corporation. All before... And yes, you're right, we have abated... We have held out for non-profit organizations. But in this particular case, I'm saying to you, we are about, if passing, to set a precedent for the future that should not be, in my estimation. You'll never know unless you go to a bidding. Commissioner Dawkins: I yield to the Manager, and then I'd like to speak after the Manager, please. Mr. Odio: For one thing, once we start building homes here, we're putting these properties in the tax roll. Commissioner Plummer: Absolutely. Should have done it a long time ago. Mr. Odio: They have been now sitting there for eight years without nothing happening with those. What I'd like to propose - the appraisals are here - that we convey... Go ahead with this process. Go ahead and let them start the process to prepare to build the houses. We go ahead and do an appraisal, and they would agree that if the prices have changed substantially on the land, that we upgrade the appraisal. That's all. Commissioner Dawkins: OK. All right. Mr. Odio: In other words, we go ahead and convey with the agreement that if the appraisals that we do, the third appraisal that we do now is much, much higher because of the time elapsed, that you would agree to add it to the price of the land. 113 July 25, 1996 Commissioner Dawkins: OK. That's fine, but... OK. I'll get back to you. Is... Mr. Rainey, would you come to the mike, please. Mr. Odio: Wind and Rain. Commissioner Dawkins: Come to the mike, please. You are the gentleman who is offering twelve thousand dollars ($12,000) per lot, or suggested that the lots go for twelve thousand dollars ($12,000)? Mr. Anthony R. Parrish, Jr.: Yes, sir. Commissioner Dawkins: OK. Have you built any houses in Coconut Grove? Mr. Parrish: Ye, sir, I have. Commissioner Dawkins: All right. When you... Commissioner Plummer: Would you pull the mike up so I can hear you. Vice Mayor Gort: Name and address. Commissioner Dawkins: How many properties did you construct in Coconut Grove? Mr. Parrish: Sir, if I may, I would like to make my own statement first, and then I'd be happy to answer any questions. Commissioner Dawkins: No. I would prefer that you, you know, answer my questions, and then I could hear your statement. OK? How many houses did you build? Mr. Parrish: I've built three so far. Commissioner Dawkins: Three. Now... And you built them with whom? A non-profit organization. Mr. Parrish: No. I built them completely by myself. Commissioner Dawkins: All right. What did you pay for the lots? Mr. Parrish: I paid between sixty-three hundred dollars ($6,300) for the first lot to sixteen thousand five hundred ($16,500) for the other two. Commissioner Dawkins: And what did you sell the houses for? Mr. Parrish: I sold them for seventy thousand dollars ($70,000) over the price of the lots. Commissioner Dawkins: OK. So therefore, if you sold... If you purchased the lot for sixteen thousand dollars ($16,000), you added seventy thousand dollars ($70,000) to it, which made the house cost eighty-six thousand dollars ($86,000). Would that be a fair statement? Mr. Parrish: Yes, sir. Commissioner Dawkins: See. Now, J.L. is right. We can ask all we want for a lot, but you price the lot out of the reach of the people we are supposed to be providing affordable housing for. 114 July 25, 1996 Commissioner Plummer: That's not the point. The point simply is... Commissioner Dawkins: Now, I'll ask you one question, and then I'll be finished. Did you build a house with a gentleman whose house was burned down? Mr. Parrish: No, sir. I was not able to. Commissioner Dawkins: OK. Why weren't you able? Mr. Parrish: Because the man's income was so low. He was on a veteran's... He was a disabled veteran, and so he was only making eight thousand dollars ($8,000) a year in Social Security. And when his father passed away - he was also a retired veteran - their income was cut in half, and they did not have any way to qualify for a mortgage. Commissioner Dawkins: But he had a lot of his own, that, had you credited sixteen thousand dollars ($16,000) to the construction price for that lot, we probably would have been able to build him something. Don't you think so? Mr. Parrish: No, sir, you would not have been able to, under any circumstances. Commissioner Dawkins: OK, Now, I'll listen to you, sir. Mr. Parrish: OK. Thank you. Vice Mayor Gort: OK. Commissioner Plummer: He wants to make a statement. Commissioner Dawkins: Go right ahead, Mr. Vice Mayor. Vice Mayor Gort: Go ahead. Make your statement, sir. Mr. Parrish: Thank you very much. I'm going to read my statement, because I've been told I speak much too fast otherwise, and it's very important to me that everybody understand why I'm here today. My name is Andy Parrish, and I live at 1774 Opeechee Drive, in North Coconut Grove. I am the president of Wind and Rain, a for -profit corporation. Wind and Rain has the distinction of having built the first three privately developed and financed homes, built on spec - which means not by the City, not by a non-profit, or by someone building their own house - in West Coconut Grove in over 30 years. All three of these homes have been sold to West Grove low and moderate income families, formerly renters, through the City's Home Finance Program. This has been accomplished with the help of both the City staff and with the assistance and encouragement of the Coconut Grove Local Development Corporation, but without one cent of taxpayer money going to Wind and Rain. We have already created a model that works without subsidy. After two years of blood, sweat and tears, the West Grove now has three new homeowners occupying what is well known in the West Grove as the Wind and Rain house, which is a three -bedroom, two bath, 1560 square foot house, with a large front porch, fully equipped. The first house is owned by a single mother of two kids, who is a postal worker. The second house is owned by a single mother of three kids, who is a nurse's assistant, and she is here today and will speak in a few minutes. And the third house is owned by a single mother of four kids who works as a cook at Green Street's Restaurant, in Commodore Plaza. I really have no reason to believe that Mr. Aleman is not a good developer, and, in fact, I like his product. I think the single-family home is what needs to be built, and that's what he's building. However, West Coconut Grove is a unique area. And here are some of the things that Wind and Rain has 115 July 25, 1996 done over the last two years to learn what's needed in the area. I've gone to West Grove Tenants and Homeowners Associations meetings, and participated in all of the West Grove planning studies conducted by Elizabeth Platter-Zyberk. I've sponsored children at the Coconut Grove Family and Youth Intervention Center, so they could go on a field trip to Washington. I've found jobs, and helped my home buyers obtain raises so that they can qualify for their mortgages. I've hired Dingle Roofing, Turf Masters, and other local Grove black subcontractors to build my homes. Wind and Rain homes are 50 percent built by African -American subcontractors. I worked with the City Southwest Grove NET (Neighborhood Enhancement Team) Office to help sponsor and produce a homeowners symposium to help neighborhood renters learn how to become first time homeowners. Commissioners, I've spent two years of my life doing this. And I have only one person listening to what I'm saying. I'd rather wait until I have their attention. Vice Mayor Gort: Go ahead, sir. Please continue. Mr. Parrish: For building these homes, I have received the Spirit of the Grove Award, given by the Coconut Grove Civic Club, for, and I quote, "Selfless service to the people of Coconut Grove." And the point is, if you are trying to create a pilot program or a model to lead the way toward more home ownership for low and moderate income families, you already have one, in what we've done, with a lot of help from the City staff and from the Coconut Grove LDC (Local Development Corporation). For the life... And we did it without any subsidies, without any handouts, and without any favoritism. For the life of me, I cannot see any benefit, any benefit at all, in selling these lots in West Grove for anything less than fair market value. And the fact that Mr. Aleman is proposing to buy other lots in other black areas does not support this proposal to give these lots to a for -profit corporation, such as mine, for less than fair market value. I've offered not eight thousand per lot, Commissioner Plummer. I've offered twelve thousand dollars ($ 12,000) per lot. Mr. Aleman has offered between three to four thousand dollars ($3,000 to .4,000) per lot. I'm asking you, please, do not sell these lots for less than they're worth. We have a model that's taken a lot of effort to create, and it works without the taxpayers getting billed for it, completely, privately, with the end result that the homes are sold to low income people who never... were always renters before. It already works without this subsidy. So thank you very much for your time and attention. I believe the Commissioners have received letters supporting what I have said today. I'd appreciate it if some of these letters could be read, but if not, I'd like to introduce Betty Stone-Rahming, who bought my second house on Charles Avenue. Ms. Monteca Stone-Rahming: OK. To Mr. Commissioner, the Mayor, and who all are concerned, I am Monteca Stone-Rahming. I'm a low income mother of four kids. I'd also say I'm the mother and the father of them all for about 13 years, right here in Coconut Grove. And I've been working in low income places, and been sufficing my kids all through the years, trying to make pennies meet. And I was very happy when I was told about the Wind and Rain homes. I've been saving for so long, and then I was able to purchase these homes... one of the homes. My home is on 3618 Charles Avenue, and I'm very proud to say I'm very happy that the Wind and Rain service came in. Where I was renting, paying over four hundred ($400) per month, and could hardly find food for my kids, and now, I'm paying for my own home, finding food, and sending my daughter to college. I'm very happy and proud of my three -bedroom home, and two bath for my kids, and a nice, big porch, where they're happy, and a nice back yard, well fenced off, and everything is quite good. I'm very happy for it, and I'm very thankful to the City of Miami for helping. Mr. Odio: May I say something, Mr. Mayor? The idea here... We are not taking away from anybody. We're just putting... These lots have been available for eight years. So now that we've found something to do with them, this happens. Why didn't you come up before? We have more land. 116 July 25, 1996 Commissioner Plummer: Mr. Manager, you're missing the ppoint. You're missing the point. The offer is approximately average of four thousand dollars ($4,000) a lot. You have heard an offer of three times that amount, which I would hope would make the houses less in cost to the individual buyers. Mr. Odio: No, but what I said is to do the new appraisal, and up the price, because the appraisals are old. But what I'm saying is, Commissioner, that the land has been sitting here for eight years. The moment somebody comes up with the idea of doing this, then everybody wants to do it, which is fine. We have other land. Commissioner Plummer: Cesar, I made my point. I made my point, and you know how my vote is predicated. That's it. Go ahead, Mr.... Ms. Stone-Rahming: I'm sure... Commissioner Plummer: I have nothing else to say. Ms. Stone-Rahming: ... if these homes be sold in Coconut Grove, I wouldn't really want my house to be devalued, after working so hard and saving for so long time, for people to come behind me and to purchase the homes for so little, and I've been working and saving so long, and so hard for my home to be devalued for so much. Mayor Carollo: OK. You have 20 seconds left, ma'am. Ms. Stone-Rahming: OK. Mayor Carollo: Thank you very much for coming. Ms. Stone-Rahming: OK. OK. Thank you, too. Mayor Carollo: Surely. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. And the reason I come here is because I am for the affordable housing plan that the City's got, so far. I think I see now they stop, because I talk by experience. The house built next to me used to be a vacant lot that everybody dump things there, and now, it's a house that's in the tax roll. And it surprise me, too. There's plenty of lots to be sold, plenty of lots. Because I, just today, I took a little trip sight- seeing in my neighborhood of the different lots. And I would mention, like 3453 Northwest 11th Court, the weeds are like that there. That's a City -owned lot. If I keep that lot that way, I get a ticket of five hundred dollars ($500) or whatever. Directly on 3500 11th Avenue, the same thing. If you go to 3290 Northwest 9th Court and 3300 Northwest 9th Court, there's an old boat there. It's full of tires, everything there, lots. They can build houses there. They got the lots for affordable housing. But now, I see the money of affordable housing going to multifamily instead. How come they didn't continue with the planned affordable housing? It's plenty that just... Because according to here, I see that this lot stopped at 112, nothing south of 112. But on these lots in our neighborhood, they can use that there, too. So there's plenty of lots to be at four thousand, ten thousand. And remember, a lot of these companies... I see many companies, non- profit, and they haven't done anything. The only thing, the money has been spent in salaries. If Mr. Aleman wants to build there, give him a chance and build it. Profit, there is profit doing business with the City, because when all those farm out companies for the plumbers and the electricians, they are companies for profit, too. So they profit doing the business. And the gentleman that built the house next to me works in... Mr. Armando Cazo, general contractor. So there is nothing wrong. The only thing is stop dilly-dallying, and get those empty lots there, and put houses in there. That's what we need. People need houses. 117 July 25, 1996 Mayor Carollo: Thank you, sir. Ms. Esther M. Armbrister: Good afternoon, Commissioners and Mayor. My name is Esthe Armbrister. I live at 3350 Charles Avenue. We have been hearing so much about these lots, an( that the City was not going to put them out to bid, and that the City was going to give them t( one developer until I said I was tired of secondhand information. So I came down her; purposefully to ask you why weren't you putting them out for bid, or what are you going to d, about them, sure enough, and the cost of them. Could somebody tell me that? Commissioner Plummer: It depends on whether the item passes or fails. Ms. Armbrister: Wait a minute. You mean you would give all these lots to one person at tha price, that low price? Commissioner Plummer: That's what's proposed. Commissioner Dawkins: The proposal, Mrs. Armbrister, is an attempt to get a house that peoph can afford. Now, the lady who said that her property would be devalued by the building of sucl houses, I'm glad other people in the neighborhood did not feel that way when they built thl house for her, because had they felt that way, she would not be in the house that she is in. Mrs Armbrister, we can charge as much money per lot as the law will allow or people will pay. Th; key to it is affordability. Now, you can put them out for bid, and in Overtown, nobody is goin! to go Overtown and bid on a lot to build nothing. Now, these lots that we're talking about, tha everybody in Coconut Grove is down here about now, they've been there for nine years, an( because somebody else... And the same gentleman who built the other three houses, that'. willing to pay twelve thousand dollars ($12,000) for them now, passed them daily. He did no come in and say, "I want these five lots, and I'll pay you sixteen thousand dollars ($16,000) pe lot so I can build on it." But the minute there is a comprehensive plan to do somethinL' everybody wants to stop it. Instead of people saying... You know, J.L. Plummer may be righi You may have to say to any builder - not even to this one, but to any builder who decides ti build affordable housing for the City of Miami - the City of Miami may say, "OK, you may hav the lot, and the cost of the lot is ten percent of the sales price of the unit." I don't know what th- key is. But by the same token, if you do not build some affordable housing on these lots, and. How many lots, Mr. Manager, would you say are vacant in the City of Miami? Mr. Elbert Waters (Director, NET/Community Development): There's approximately 6,000. Mr. Odio: Six thousand. Commissioner Dawkins: There are 6,000 vacant lots in the City of Miami. Mr. Odio: I'm telling you... Commissioner Plummer: How many of them are City -owned? Commissioner Dawkins: Now, a gentleman comes up here for 13 or 15 of them an everybody... Yes, sir. Commissioner Plummer: How many of them are City -owned? Vice Mayor Gort: Commissioner, let me ask you a question, and see if I can understand thi correctly. My understanding is that in this proposal, the saving on the lot is being passed on t the property, to the person that's going to buy the property. 118 July 25, 1996 Commissioner Dawkins: Yes, sir. Vice Mayor Gort: Now, I understand somebody here wanted to pay twelve thousand dollars ($12,000) for the lot, but would that increase the price? Maybe what you could do or what we could do is have an RFP where it not only compares the price of the lot, but the price of the houses. Commissioner Plummer: That's fine. Commissioner Dawkins: That's fine. I mean... But, see, I mean, we're saying the same thing. OK? Vice Mayor Gort: Right. Commissioner Dawkins: This gentleman said that his house cost eighty-six thousand dollars ($86,000), and he wants twelve thousand ($12,000). He's going to pay the twelve thousand ($12,000) for the lot. What's the size of his rooms? Now, if both houses is 15,000 square feet... Commissioner Plummer: Well, we can write that into the RFP. Mr. Parrish: Commissioner, I can answer that the size of my rooms... My house is bigger than i Mr. Aleman's house, and my rooms are all bigger than ten feet. Commissioner Dawkins: See, you're talking, and I'll ask you a question. What is the difference... Mayor Carollo: Miller... Commissioner Dawkins: What is the difference in... How much do you get per square foot for construction? Mr. Parrish: My hard costs are thirty-four dollars ($34) per square foot. Commissioner Dawkins: Thirty-four dollars ($34) per square foot. That includes your profit, payment of the lot and all. Mr. Parrish: No. The hard costs are the stakes and bricks... Commissioner Dawkins: I want hard cost. Mr. Parrish:... and then... That's the hard cost. Commissioner Dawkins: All right. What's the soft cost added to that? Mr. Parrish: It depends on... Excuse me, Mrs. Armbrister. The soft cost, it depends on whether the water line in front of the house is up to code. Commissioner Dawkins: No, on, no. Well, give me the average. Mr. Parrish: An average, I've got approximately seven thousand dollars or eight thousand dollars ($7,000 or $8,000) worth of hard cost in my house... soft cost, rather. Commissioner Dawkins: So the thirty... What did he say his construction cost was? 119 July 25, 1996 Mr. Parrish: Thirty-four dollars ($34) a square foot. Commissioner Dawkins: And add seven, that's forty-one ($41). OK? Now... Huh? Mr. Parrish: My... The hard cost... the soft cost... I'm sorry. Commissioner Dawkins: That's all right, take your time. We got all day. Mr. Parrish: The hard cost of my houses are approximately fifty-five thousand dollars ($55,000), which comes to thirty-four dollars ($34) a square foot. Commissioner Dawkins: All right. Now, but that is not the total cost of the unit. Mr. Parish: No, sir. Commissioner Dawkins: All right. What... When you figure out the total cost of the unit, what is it per square foot? Mr. Parish: It comes to fifty-five dollars ($55) a square foot. Commissioner Dawkins: Fifty-five dollars ($55) per square foot. Mr. Parrish: Yes, sir. Commissioner Dawkins: Now, and you're selling it for how much? Mr. Parrish: The last house, I sold for eighty -seven -nine, because my lot cost was sixteen thousand dollars ($16,000). Commissioner Dawkins: OK. And if this gentleman - I don't even know - comes up with the same footage, and his house is six thousand dollars ($6,000) less than yours, it comes out even. Mr. Parrish: No. My house... If I were buying the lots for four thousand... Commissioner Dawkins: No, no, no. Mr. Parrish: If I were buying the lots, Commissioner, for four thousand dollars ($4,000), my house would have come in at eighty thousand dollars ($80,000), and Mr. Aleman's would be eighty -two -nine. Mayor Carollo: OK. Commissioner Dawkins: OK. Thank you. Commissioner Plummer: No, no, wait, wait, wait. Mayor Carollo: Whoa, whoa, whoa. Commissioner Plummer: There's some bad math there. Mayor Carollo: Whoa, whoa, whoa. Hold on, hold on. All of you have really been out of order. You know, Mrs. Armbrister was up here, she was speaking. Ms. Armbrister, please, you finish. 120 July 25, 1996 Ms. Armbrister: That's OK. Mayor Carollo: They've all been out of order. Ms. Armbrister: Look, I asked one simple question. One simple answer. I wanted to know from you both, gentlemen, whoever is included, don't you usually put the land out for bid? I have no... nothing, no problems at all, Mr. Rain in the Wood - Rain and what? - I have no problem with his house at all. I have no problem. I was under the impression that when we're going through something else in Coconut Grove, we have to put it out for bid. So I want to know, if we have to put it out for bid, why don't the City put all the other... these lots out for bid? I have no problem with you charging twelve thousand ($12,000), but I do have a problem with you charging only three thousand ($3,000) without putting it out for bid. Now, you do what you want to do, because I know that's what you're going to do. But when it comes to us, kind of slow down a little bit. Thank you. Mayor Carollo: Thank you, ma'am. Good seeing you again. Ms. Armbrister: Nice seeing you, and congratulations. Mayor Carollo: Thank you very much. Ms. Armbrister: I won't bother you no more for the next ten years. Mayor Carollo: You never bother us. You come here any time you want. It's always a pleasure to see you. How many more people do we have to speak? Five? OK. We're going to then limit the public part of this discussion to ten minutes, two minutes that each of you will have, and close after that, and then we're going to allocate no more than ten minutes for this Commission to finalize it, if we need that much. Commissioner Plummer: Don't need it. Mayor Carollo: OK. Your name and address, sir. Mr. Jose Aleman: My name is Jose Aleman. I'm a consultant for Palmetto Homes. I was the designer of this project, 495 Northwest 27th Avenue. When we originally started with this project, OK, we were thinking of building affordable homes throughout the City of Miami. We weren't talking about building homes only in Coconut Grove. We were talking about building homes in Little Haiti. I mean, we're talking about building homes all over the City of Miami. It just happens that when we presented the package at the beginning, we presented it to get 20 lots. We were told to reduce it. And in that reduction, there were five lots that were located in Coconut Grove which has caused all this turmoil. Our proposal was to build... to get the properties all at the same price, so that we could build the houses, affordable houses, throughout the City of Miami, and give them at the same price, whether it be in Coconut Grove, Little Haiti, so forth. OK. We, at this moment, have five lots that have been purchased through the Dade County Tax Office in the northwest area. Those lots were purchased anywhere from nineteen hundred dollars ($1,900) to three thousand dollars ($3,000), to build the affordable houses. OK. When we first originally put the price, it was to put five percent of the cost to go towards the land. OK. Now, if you notice, everybody's talking about thirty-five hundred dollars, four thousand ($3,500, $4,000). I believe it's something like ninety-three thousand dollars, ($93,000), and it comes out to over five thousand seven hundred dollars ($5,700) a lot. OK Again, five thousand seven hundred dollars ($5,700) a lot, if you look at the whole scope of this thing, in Little Haiti, in areas in the northwest, they're expensive or they're overpriced. OK? St what we did is we took the whole package together, in order to make this thing fly. There is right now, a land list of 259 properties in the City of Miami that we're trying to go through, an- 121 July 25, 1996 because there's tax liens, because there's lot clearing liens, nobody can purchase them, and they're a blight to the community, because they're overpriced. OK? Mayor Carollo: OK. Mr. Aleman: Thank you. Mayor Carollo: Thank you, sir. Commissioner Plummer: Do you speak with the permission of the president of your company? Mr. Aleman: Yes, sir. Commissioner Plummer: Thank you. Mr. Johnny Bryant: My name is Johnny Bryant, 495 Northwest 27th Avenue, Palmetto Homes. I am a processor, which is a loan originator. And I live in the low income community, and there is not yet one to come to me that could qualify for an eighty-six thousand dollar ($86,000) home, plus purchase a lot for sixteen thousand dollars ($16,000), plus income tax fees, which is raising the cost of the price of the property far up beyond the people in the community. They cannot be able to purchase the house. This is someone else coming in from another community who is making more money to come in to purchase houses. It's not for the people in the community. This is for someone else. Once you move everybody else in who's rich, where do the poor people go? Where do they go? No one knows. Commissioner Plummer: What's your address, sir? Mr. Bryant: 495 Northwest 27th Avenue. I'm with Jose Aleman at Palmetto Homes. Commissioner Plummer: And where do you live? Mr. Bryant: 27th Avenue and 151st Street. Commissioner Plummer: Outside of the City. Mr. Bryant: Opa Locka. Commissioner Plummer: Yes. Mr. Bryant: I was born on 85th and 23rd. Commissioner Plummer: That's outside of the City, also. Mr. Bryant: Yeah, it is, but I have friends and family inside the City limits. Commissioner Plummer: So do I. Commissioner Dawkins: That has no bearing at all on what we're doing. Mr. Bryant: OK. Thank you. But what I'm saying is that if we building for low income, let's build for low income. Let's stop messing around. Vice Mayor Gort: It's not "low income." It's "affordable." 122 July 25, 1996 Commissioner Plummer: Mr. Mayor, I do... Mr. Humberto Gonzalez: Good afternoon, gentlemen. Commissioner Plummer: Mr. Mayor... Mayor Carollo: Yes. Commissioner Plummer: ... I do object to the statement made that we're messing around. Trying to get the best deal for this City, I don't consider to be messing around. Mayor Carollo: J.L., look, I don't think anyone is messing around. Commissioner Plummer: The statement was made. Mayor Carollo: I think we're all trying to do the best that we can here. So... Commissioner Plummer: The statement was made. Mayor Carollo: Well, I don't think it was meant that way. Sir, go ahead. Commissioner Dawkins: And if it was meant that way, I apologize. Mr. Humberto Gonzalez: Good afternoon, gentlemen. My name is Humberto Gonzalez, and I manage Arbor Lending Corp., a mortgage lender at 13472 Biscayne Boulevard. My home is 1759 Southwest 138th Street. We're a mortgage lender who specializes in lending to minority groups. Five out of every eight of our applicants is a minority, and 80 percent of those are black. I've been doing this for ten years. And I think the issue here is not the price of the lot. I think the issue here is we're building affordable housing. We're building it so it's affordable to the community. I don't think the issue should be whether they get the best deal for the City, because if that translates into a house being seventeen thousand dollars ($17,000) more expensive to the people, I think the government should be working in the best interest of those people that we're trying to build these homes for. In order for somebody to qualify for the higher priced home, they would have to make approximately six thousand dollars ($6,000) more a year in income. Their payment would be a hundred and forty-six dollars ($146) more a month, and that's what this boils down to. Those are not... Selling a house at a higher price because you paid more for the lot, the City got more, is not doing what the project is about, which is building affordable homes for people who cannot afford eight -six and ninety thousand dollar ($86,000 and $90,000) homes. The whole deal... If the decision is based on what's good for the people and to acquire the lots at a little lower price in order to provide a property for the people at an affordable price range that they can actually qualify for, that, I think, should be the goal. Secondly, I'd like to mention that we also have a non-profit organization called the Home Buyer Assistance Foundation, because the number one problem with low income people, they may have good jobs, they may make enough money to qualify, but they do not have the cash for down payment. The Home Buying Assistance Foundation managed by Arbor Lending Corp. makes low interest rate unsecured loans, as long as we can get them qualified for a house, for the down payment and closing cost money, up to three thousand dollars ($3,000). Palmetto Homes is going to donate 20 percent of the profit, in order to fund the non-profit organization to then recycle that money back in to the homeowners who need to buy the affordable housing. So what we're creating is a cycle here, is giving money and houses to the people who need the property. Mayor Carollo: Your time is up. Mr. Gonzalez: Thank you very much. 123 July 25, 1996 Mayor Carollo: Surely. Mr. Yaromir Steiner: Mayor, Commissioners, Yaromir Steiner, 3250 Mary Street. Three years ago, I was a board member of the Local Development Corporation, and Andy Parrish came in front of us with his ideas of building affordable homes for profit. I was very skeptical. Lots of white people walk into the black Grove, and they say they are going to do good, and essentially, it ends up in their pocket. I want to say that after a few years, I got to learn and respect Andy. He kept his word. He did develop these properties with his own money, at his own risk, and he sold them to very, very worthwhile people. He helped them to get their salaries adjusted, and he is genuinely interested in the Grove. He spent lots of his money and his time. He has been active in the homeowner associations, he has been active with the young kids in the Grove. He is a genuine Grove citizen. And I believe that if he can pay more for the lots and you deem that that's appropriate, I think he will deliver what he promises. And I, personally, will invest money with him to achieve his objectives. Thank you. Mr. Tucker Gibbs: My name is Tucker Gibbs. I live at 2531 Swanson Avenue in Coconut Grove, and I'm an activist in the community, and I've known Andy Parrish for many years. But this isn't about Andy Parrish. It's about what's right financially for the City of Miami. You have here two non... two profit, for -profit organizations, one of which is willing to pay four thousand dollars ($4,000), approximately, a lot, and one that's willing to pay twelve thousand dollars a lot ($12,000), for three lots in Coconut Grove. My question is, I don't know what the big deal is. To me, it's pretty simple. You take the guy who's going to pay the most money. And if you can't do that, do what Mrs. Armbrister proposed. Put it out to bid. That's the fiscally responsible thing to do. And I bring to your attention the project, St. Hugh Oaks. That project has been cussed and discussed by this City Commission for about five years, and the big issue was the price. This City Commission refused - refused - to lower the price of those units to seventy -some thousand dollars, which was promised to that neighborhood. I don't know why the City refused to do it, but the City refused to do it. Now, on the other hand... Vice Mayor Gort: It's a good hundred and fifty thousand ($150,000). Mr. Gibbs: It's what? A hundred and fifteen? Vice Mayor Gort: Because it cost over a hundred and fifty thousand ($150,000) to build it. Mr. Gibbs: That's right, a hundred and fifty thousand dollars ($150,000). But you're willing to cut this cost in half for a for -profit entity. My position is, I think, the position of a lot of people in Coconut Grove, when they look at the City Commission selling to a developer for half price or less than half price, when another developer is available to pay at full price, people begin to distrust their City, and they question the motives. Thank you. Mayor Carollo: Thank you, Tucker. Welcome back to Miami. Mr. Gibbs: Thank you. Mayor Carollo: I said that because he was on vacation for about a week and a half or two. The last person. Mr. David Alexander: Afternoon, Mr. Mayor and Commissioners, ladies and gentlemen. My name is David Alexander, executive director of Coconut Grove Local Development Corporation, which is the certified housing development organization for the City of Miami in Coconut Grove. I'd like to present what may be a compromised solution today. 124 July 25, 1996 .. A Commissioner Plummer: Uh-oh. Mr. Alexander: I should advise the City of Miami that Andy Parrish went into a joint venture with our CDC (Community Development Corporation) three years ago, and the deal was we would help find buyers for his homes from our community who were low income, using the City of Miami's second mortgage program. We would give him buyers for his homes. He is a private sector developer. And everything that was risked was his. The CDC didn't put any money into the project, although we did get, through the City of Miami, CHDO (Community Housing Development Organization) funds in the amount of about a hundred and eighty thousand dollars ($180,000) for that purpose, in case Mr. Parrish wasn't able to deliver. Well, he's built three houses, and he sold three houses to low income families. We also met with Mr. Aleman when he came to Coconut Grove, and we had a discussion with him. And basically, we said to him, "We welcome anybody who wants to build in Coconut Grove, as long as the homes are going to be of good quality, and of reasonable price." I think the debate today is, what is a reasonable price for a house? The truth is, you can't really deliver a house into the market as a private sector developer today for under eighty-five thousand dollars ($85,000). If you do that, then you're doing what the industry cannot do. The bottom line is, it cost more to build today, three years after Hurricane Andrew, than it did before, and we have to adjust the way we look at things. The final point I'd like to make is that Coconut Grove LDC (Local Development Corporation) requested the transfer of these seven properties from the City of Miami three years ago. Three years ago, we requested that these lots be turned over to us, just like you've been turning them over to other CDCs, and unfortunately, the decision was made not to do it at the time. So we ask that you reconsider that motion today, and if you vest the title of the property in the CDC, then we will be able to deal with either developer, whoever can give the City of Miami the best deal. Thank you very much. Mayor Carollo: Thank you. OK. The public... Sir, this is definitely the last person, and after this gentleman will speak, the public part of this item will be closed, and the Commission will then decide what it would like to do with this item. You have to state your name and address, sir. Mr. Eloy Aparicio Delso: "Pudiera decir algunas palabras en espanol?" Mayor Carollo: "Si, pudiera, senor." Can you translate, Mr. Manager? [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY CSTAR ODIO, CITY MANAGER.) Mr. Odio: "Habla despacio." Mr. Delso: PERDONAME, PORQUE NO SE EL INGLES. ESTO... ESTA TARDE, ME SIENTO ORGULLOSO DE PODER ESTAR AQUI CON USTEDES, Y CON LA DIRECTIVA NUEVA QUE TENEMOS EN LA CIUDAD DE MIAMI. ES UN DIA MUY FELIZ PARA NOSOTROS. Y COMO ES NATURAL, YO SOY DIRECTOR DE LATIN QUARTER ASSOCIATION, PARA LA CUAL HE ESTADO TRABAJANDO CON LAS DISTINTAS ADMINISTRACIONES QUE HAN HABIDO AQUI, Y SIEMPRE, SIEMPRE ME HE SENTIDO SATISFECHO, PORQUE HE TENIDO LA COOPERACION DE LA ADMINISTRACION Y DE LOS COMISIONADOS DE AQUI DE LA CIUDAD DE MIAMI. HOY, TENEMOS UN NUEVO ALCALDE DE LA CIUDAD DE MIAMI, A LA CURL ME 125 July 25, 1996 SIENTO ORGULLOSO DE PODER TRABAJAR EN CONJUNTO CON EL Y CON LE DISTINTAS DIRECTIVAS DE AQUI DE LA COMISION DE LA CIUDAD DE MIA? PARA PODER LLEVAR HACIA ADELANTE LOS PROYECTOS Y LOS NUEVC CAMBIOS QUE VA A TENER LA CIUDAD. LE DESEO EL EXITO MAYOR A TODOS L QUE VAN A TRABAJAR JUNTO CON EL SENOR JOSE CAROLLO, Y A LA MISMA VE ESTOY EN DISPOSICION DE COOPERAR Y TRABAJAR SIN NINGUN TIPO I: INTERES, SOLAMENTE POR LA COMUNIDAD Y POR EL BIEN DE NUESTRA CIUDA] MUCHAS GRACIAS. Translation: Excuse me, but I cannot speak English. I... This afternoon, he feels proud of beit able to be here with you, and with the new direction that we have in the City of Miami of tl Mayor. It's a day... It's a happy day for us. And like it's natural, he's the director of the Latin He's been working in the Latin Quarter Association with the different administrations that hal been here in the past, and always, he has felt satisfied, because they have always had tl cooperation of the Administration, and the Commissioners of the City of Miami. Today, thf have a new... We have a new Mayor in the City of Miami which he feels proud of being able work together with him and the different Commissioners of the City of Miami, to be able to tal forward the projects, and changes that will occur in the City. So he wishes success to all of tho; that are going to work together in the City. And at the same time, he's in the disposition 1 cooperating and working, without any interest, whatsoever, only for the community and for ti good of our City. Thank you very much. Vice Mayor Gort: "Nombre y direccion." Mayor Carollo: Thank you. "Muchas gracias." Vice Mayor Gort: "Nombre y direccion." Mr. Odio: "Darle el nombre y la direccion." Mr. Delso: "Eloy Aparicio, comerciante de la Calle Once... De ]a Calle Ocho, Once seteinta uno Southwest, el director de Latin Quarter Association." Mr. Odio: You got that, Walter? Vice Mayor Gort: Yeah, he's got it. Mr. Delso: OK. "Muchas gracias." Mayor Carollo: "Gracias." Vice Mayor Gort: Mr. Mayor. Mayor Carollo: Yes, Vice Mayor. Vice Mayor Gort: Mr. Mayor, when you look at this, and Commissioner Dawkins Commissioner Plummer, see if you can follow me. And I want the people to understand. understanding is the City of Miami has got about 6,000 lots? Commissioner Plummer: No. Empty, Mr. Odio: There are 6,000 lots in the City of Miami that are available, 60 that we own. Vice Mayor Gort: Sixty that we own. i a 126 July 25, 19 1 Commissioner Plummer: Sixty. Vice Mayor Gort: In other words, sixty lots that we own. My understanding is the proposal in front of us here today is 14 lots, in which 14 of these lots fall in Coconut Grove. Now, also, my understanding is that whatever savings is taken in the price, that the City doesn't allot... that is passed on to the people so they can afford to buy. That's what I understand here today. So Commissioner Dawkins, I don't know if you... And I think it's important for people to understand that. We need to develop these lots. Now, since we go on competitive bids, and this gentleman, Mr. Parrish, said he can do the same in Coconut Grove for less, maybe we could go ahead and give some of the lots in Coconut Grove for those individuals, and the other lots, give them to the other individuals. And whatever... In the future, we can set up a standard... Commissioner, I understand your point of view. But the RFP is not only for the price of the lot, but for the price of the houses, to make it affordable to the people. I don't know if that's agreeable with you all. Commissioner Dawkins: Vice Mayor, it's... That's why we are discussing it, in an effort to find a solution. And once J.L. discussed it, or you discuss it, and the Mayor and I, we will come up with a solution that is best for the City of Miami. We know that. But each of these lots that we are talking about was purchased with HUD's (Department of Housing and Urban Development) money. And it was purchased with HUD's money to do affordable housing. When you start talking about selling a lot for a profit, then you have to return the profit to HUD. So, you know, you hear people come up with ideas, and they think that the Manager and his staff is just sitting down drawing dollies, and they think that we're just coloring the dollies. We have gone through this in an effort to do what is best for the City of Miami. Miami. And... But once we do that, if the citizens who elect us don't think that's the best thing to do, then we don't do it, because if the people in Coconut Grove feel that these six lots can be better developed or did whatever they want with them, or give one to each - I don't know - each person, and let the person develop it, I don't have a problem with it. Vice Mayor Gort: Excuse me. Mr. Mayor, I think I was misunderstood. My understanding is Mr. Parrish - and somebody correct me if I'm wrong - he made the statement that, if given the same price, he can build the same type of unit for about two thousand dollars ($2,000) less. Commissioner Plummer: That's what he said. Commissioner Dawkins: No, not the same type. The same type that he's building. See, not the same type that Mr.... Vice Mayor Gort: OK. Commissioner Dawkins: See, this is where we come into a mishmash. Now, he didn't say he would build the same type of a unit that he built for eighty-six thousand dollars ($86,000). He said he would build the same type of a unit that Mr. Aleman was proposing to build. Now, that's what he said. Now, there is a difference, Mr. Vice Mayor. Mr. Parrish: That's not true. Commissioner Dawkins: See? Mr. Parrish: That's not true, sir. Mayor Carollo: Wait until we're done. I'll give you a chance for rebuttal. 127 July 25, 1996 Commissioner Dawkins: See, but whatever. I mean, Mr. Mayor, we have been on this long enough. Mayor Carollo: Yes. Commissioner Dawkins: We have a long agenda. Mayor Carollo: Yes, we do. Commissioner Dawkins: We have not hit the Planning agenda. So I call the question. Mayor Carollo: I need to ask a couple of questions. Commissioner Dawkins: Go ahead, sir. Mayor Carollo: We keep hearing of this 14 lots. Are they offering to pay the same for all 14 lots? Mr. Waters: No, Mr. Mayor. What we're proposing, our recommendation is to offer those lots for the same amount that we've... 50 percent of what we paid for them, similar to the way we do business with the non -profits. Mayor Carollo: OK. So you're saying that it would be 50 percent of whatever our costs were. Mr. Waters: Yes, sir. Mayor Carollo: OK. Now, the reason I'm asking that... because I'm seeing a couple of the so- called lots that are not really one lot. For instance, on parcel number 0270, at 946 Northwest 45th Street, that's in the Taylor Subdivision. It's 160 times 107. That's really three lots that you have in there. It depends which way that the 107 is. The 160 is facing the street, or is it the 107? Mr. Waters: Well, it's... I believe it's facing the street. And if that's the case, we have... Mayor Carollo: Well, then, you can make three lots out of that. Mr. Waters: Well, not really. Mayor Carollo: That's a big difference. Mr. Waters: I understand. But it's a coil -up. However, you need to consider the right-of-way portion that the City may require, in terms of road. That's... Mayor Carollo: Well, whichever right-of-way portion the City might be requiring, you're still going to be able to make three lots out of this, if you've got a frontage of 160. Mr. Waters: Yes, sir. Mayor Carollo: Yeah. So, you know, this lot here, whoever ends up getting it is going to have to pay like if we had three lots here, not one lot. Then you have another one here, which is parcel number 0512, which is Frow Homestead, at 3425 Frow Avenue. It's 100-by-100. Here, you have another case where you can make two lots out of this here. Mr. Waters: Yes, sir. 128 July 25, 1996 Mayor Carollo: In fact, it is listed as lot 15 and 16 already... Mr. Waters: Yes. Mayor Carollo: ... in the official legal description of it. So you have at least two out of the 14 that are not on one lot. This one is two. The other one that I mentioned is three. And then you have some lots that are oversized lots, that are one lot, but they're oversized, and there should be a little more consideration for having a bigger lot. Commissioner Plummer: Mr. Mayor, if you come to page 2 and you look here in the proposal, you see that these lots, Model A through D average... 3250 to 4150. I would say that would come in around thirty-seven hundred dollars ($3,700) a lot. That's easy to figure. Mayor Carollo: Mm-hmm. Commissioner Plummer: Very easy to figure. Mr. Mayor, if I may conclude my... Are you finished, sir? Mayor Carollo: Yes, I am. Commissioner Plummer: Just conclude my remarks. You know, if you go to a bid, and this company might win the bid, God bless them. I don't know this company and the quality they do, or things. The only thing I'm saying, and I'll conclude by saying very simply, you'll never know unless you go to a bid. Mayor Carollo: Well, what is the will of this Commission? Commissioner Plummer: I would make a motion at this time that the City Administration be instructed to prepare an RFP with very clear specifications as to what is expected of the developer, in which he will offer these homes in quality, in size, and total cost, and let that go out for bid. And that will be my motion. Mr. Dawkins, may I say to you, sir, that I would hope that whatever property we have, if it's 60 or 70 lots, let's get them back out, and get them on the tax rolls, regardless of where they are. But in reference to these 14, if you want to do it this way, is do it with an RFP so that we'll know. They might be the best offer. And if so, I'll be happy to vote for them, but I've got to know we've got the best deal. Mayor Carollo: OK. We have a motion. Before could we have any further discussion, I need a second for that motion. Vice Mayor Gort: I'll second for discussion. Mayor Carollo: There's a second for discussion purposes. Vice Mayor Gort: And I'll yield to Commissioner Dawkins. Commissioner Dawkins: Under discussion. I will not vote for this motion. It's amazing that it's only when we want to build certain houses in certain areas, we decide to pull the rule book. When you... Now, I have been here 16 years. We've built every kind of a unit that you can name in Little Havana. We have built rental units. We've built apartment buildings. We've built everything, and nobody never pulled the rule book. Nobody suggested that you go out for bid. But when I decided that we would put affordable housing up around Northwestern High, because they are building, the School Board, an eighty-six million dollar ($86,000,000) plant, and I said it's time to put some new housing stock around it, the Administration went to the rule book, and for three years, they've been pulling things out of the rule book, and they have not 129 July 25, 1996 built a house up there yet. Now I come up with a plan - not me - where we can put houses in four or five areas of the City of Miami at one time. Now, all of a sudden, you're going to put it out for bid. Mr. Manager, what would be the turnaround time to bid this out, just off the top of your head, Mr. Manager? Mr. Odio: You are adding six months to this process. By the time you... Commissioner Dawkins: All right. So and then it's got to... And then whoever is the successful bidder has to come up with some plans that we accept. Am I right? Mr. Odio: Let me tell you why you are adding six months, because he looked at me with... By the time we develop the RFP... Commissioner Dawkins: I know... Look, he can look any way he wants. I know you're correct. Mr. Odio: Give them 90 days... Commissioner Dawkins: I don't care. I know you're correct. Let him look any way he wants to look. We don't have a problem with that. But again, Mr. Manager, and my fellow Commissioners, you're looking at 24 months, two years from today, and you will not have one house. And again, you know what will happen? Just like you're doing here today, attempting to take money that is earmarked for new housing and do rehabbing. It's a game. If we don't build the new houses, the money sits there, and the Federal government does not want it to sit there. So what do we do? We take it, and you rehab second-class units, and you never get any new housing stock in certain areas of this City. But if it's the will of this community - I mean this Commission - is to put it out for bid, I go along with the will of the Commission, and I guarantee, those of you who are sitting out there in this audience, you will not see a house for 24 months. Thank you. Call the roll. Mayor Carollo: No. Commissioner... Vice Mayor Gort. Vice Mayor Gort: I'd like to go back to my basic idea. I think the only challenges that have been made here, Commissioner Dawkins, has been the people of Coconut Grove that have stated that for the same price, they can build the same quality of home, the same square footage, for less than what is in there. Commissioner Plummer: That's not... You'll never know you got the best deal. Vice Mayor Gort: So one of the things we can do today, and since the other neighborhood has not been challenged, and nobody has committed to do it for less, why don't we award subject to complying with all the indications and we - it's got to be approved for us - the ones in Coconut Grove that have been challenged, to the person that it has been challenged, subject to our approval to come up with the plans and the specifications, like the other ones, and go ahead and award the other ones that have not been challenged in the other neighborhoods? Commissioner Dawkins: You know, that's fine for you and I. But those of us who are here know the minute that we remove the units in Coconut Grove from the list, somebody from Liberty City will come and want that removed. Commissioner Plummer: Yeah. Commissioner Dawkins: Somebody will come and want... So we have to either let it go, or put it all out for bid, Commissioner. That's the only way to do it. 130 July 25, 1996 Vice Mayor Gort: I understand, but that's a decision we can make today. Besides, I agree with you. If we go for an RFP, it's going to take another six months to do this. Commissioner Dawkins: It is. Vice Mayor Gort: Let's take this decision today. I think this is an alternative that we can vote on today, on those 14 lots. And then let's go ahead and... And I agree, what we can do is an RFP that does not only talk about the price of the land, what they're going to pay for the land, but how much is the total cost of the house, and who's going to be able to afford to buy those houses. Mayor Carollo: And that's very important, that whoever we award this to has to commit, before that award becomes final, to a price, beforehand. Commissioner Plummer: They already have. Mayor Carollo: Yeah, but a full price, J.L. There's going to be no absolute increases, no matter what happens down the line. Commissioner Plummer: If you award this one as proposed here today on page 2, it definitely states the square footage, as well as the price. Mayor Carollo: Commissioner Gort, are you making that into a substitute motion? Vice Mayor Gort: I'd like to make that into a substitute motion, so we can take a decision today on it, and move on. Mayor Carollo: OK. A substitute motion has been made. Is there a second to that substitute motion? Commissioner Plummer: What was the substitute motion? I didn't understand it. I'm sorry. Vice Mayor Gort: Commissioner Plummer... And it's important for the people to understand that the reason we're doing this is to be able to let those people that are now renting to buy their homes, so that savings that we're passing on to the private sector is passing on to the buyer. What I'm saying is, the only challenge that we've had in here, and it's been... A person has come and has stated that if he gets the same price for the lots, he can build the same type quality home for two thousand dollars ($2,000) less. I'm saying, let's make a motion where we can award the contracts to that individual, subject to approval by us of the housing, the architecture, and it's in compliance with the other housing proposed to us, and to go ahead and grant the other ones that have not been challenged, so we can move on it. Commissioner Plummer: Which are which? Vice Mayor Gort: The other lots. There's... There's four... There's six in Coconut Grove. Mayor Carollo: Yeah. There's a substitution motion made. Is there a second? Commissioner Dawkins: I'll second the motion, yes. Commissioner Plummer: All right. Under discussion. Mayor Carollo: There's a motion, there's a second. Under discussion. 131 July 25, 1996 Commissioner Plummer: Does that mean that each person is going to pay the twelve thousand dollars ($12,000) per lot? Is that understood? Vice Mayor Gort: No, sir. Mayor Carollo: No, no. Vice Mayor Gort: No, sir. Commissioner Plummer: No? Vice Mayor Gort: The statement was made by this individual that if he would receive the same price, at a discount, he can build the same type of house for two thousand dollars ($2,000) less. Commissioner Plummer: All right. Vice Mayor Gort: And we'll pass that on to the buyer. Commissioner Plummer: All right. So that... In other words, both developer would come back? Vice Mayor Gort: No, no. Mayor Carollo: No. Commissioner Dawkins: No, no. Mayor Carollo: No. Vice Mayor Gort: We'll approve it today. The ones in Coconut Grove, we have not received it, we have not seen it, subject to us for approval of designs, architecture, and so on. Mayor Carollo: That's correct. Commissioner Plummer: One, two, three, four, five. Five of the lots out of 14; is that what you're saying? Mayor Carollo: That's correct. Vice Mayor Gort: Yes, sir. Commissioner Plummer: OK, Just for the record, I cannot vote for the motion. I understand, Mr. Gort, you're trying to offer a compromise, but I cannot vote for it. Regardless, you will never know, unless you go to a bid, what is the best offer for the City. When Commissioner Dawkins talks about the rule book, I think what is not being said is, we have a brand new rule book. We have never, ever had a scenario in which we have dealt with a for -profit corporation in this manner. I would love to see every lot, surplus lot in the City of Miami go out to bid tomorrow, and I hope they will. But I want everybody to have the opportunity to bid, and get the best - the best we can for the City. So I can't vote for the motion. Mayor Carollo: OK. Commissioner Plummer: I think you're to be commended for a compromise. Mayor Carollo: Yeah. I call the question. Mr. Clerk, call the roll call on this one, please. 132 July 25, 1996 The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-576 A RESOLUTION (Pending the Law Department) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Carollo: I guess it's up to me to either pass this or defeat it. Commissioner Plummer: Wisdom of Solomon. First one on the hot seat. Mayor Carollo: Well, I wish that I would have the wisdom that Solomon had. At least half of it, I would be happy with. This is a difficult vote, because fundamentally, I agree with the philosophy expressed by my colleague, Commissioner Plummer. But at the same time, one of the biggest needs that we have in this community is affordable housing. And particularly in the poorest neighborhoods of our City, we need them. As I said, I have a fundamental difference with the way we're going about it, but the only way that we're going to be able to start finally doing something is if I vote in favor of this, for these 14 lots. I will be voting yes with this motion, hoping that we can begin to finally place some additional housing in the most needed neighborhoods that would truly be affordable. But we need to make a comprehensive plan of how we're going to be proceeding in the months to come, because this is a major need for our community, and we have to have one set of rules for everyone. Commissioner Dawkins: Mr. Mayor. I mean, Mr. Mayor... Mayor Carollo: I vote yes. 133 July 25, 1996 A COMMENTS MADE AFTER ROLL CALL: Commissioner Dawkins: OK. Mr. Mayor, I'd like to offer a motion. Mayor Carollo: OK. Commissioner Dawkins: In order to see what will happen, I make a motion that... How many lots are we taking from the 60, Mr. Manager? Mr. Odio: We have about 60 that we own, no? Mr. Waters: No, on this... Commissioner Dawkins: Mr. Hepburn? Mayor Carollo: We have 60. We took 14. We have 46 left. Commissioner Dawkins: All right. I make a motion that the Manager be instructed to put the 46 vacant... remaining vacant lots that the City of Miami owns out for bid, and see what private developers or private contractors, or even private individuals will come in and bid on these 48 lots, and let's see what will happen. Yes, sir, Mr. Manager. Mr. Odio: Sir, could you say that excluding the ones we have given to the non -profits? Mayor Carollo: Exactly, yeah. Mr. Odio: Because we may have given some and... to the non -profits. Commissioner Dawkins: No, no, no. Nothing else to non-profit. J.L.... No, no, no. No. We aren't going to give anything else to non -profits. Mayor Carollo: He's referring to whatever lots we actually have left that we haven't given out already. Mr. Odio: You may have done it already. Commissioner Dawkins: Huh? i Commissioner Plummer: Already given. 1 Mayor Carollo: Already given. Mr. Odio: You may have done it already. I need to... Commissioner Dawkins: Well, I will... Hey, what we legislated, we'll "unlegislate." Commissioner Plummer: Ha-ha. What God giveth, Dawkins takes away. Commissioner Dawkins: That's right. What we legislate, we can unlegislate. Mayor Carollo: The motion, Commissioner... Commissioner Dawkins: OK. 134 July 25, 1996 Mayor Carollo: ... to be able to move ahead, should be out of whatever lots we have left that have not been committed. Commissioner Dawkins: And have an RFP ready in September for... Mayor Carollo: Yeah. And by "committed," we mean that have not been approved by this Commission. Commissioner Dawkins: OK. Commissioner Plummer: I'd like to second that motion. Mayor Carollo: OK. There's a motion, there's a second. Vice Mayor Gort: Under discussion, Mr. Mayor. Miller, are we going to use the same guidelines that were established here with the discount on the lot, and the award will be to the one that can make the best house... Commissioner Dawkins: I would like, Commissioner Gort, for you to work with the Manager in developing this RFP, to ensure that what we're talking about here is... Mayor Carollo: Well, all right. Commissioner Plummer: Go ahead, loud mouth. Vice Mayor Gort: OK. Mayor Carollo: I will take Commissioner Dawkins' advice and suggestion, and name Vice Mayor Gort to work with the Manager and the Administration on that. Commissioner Plummer: Open up your mouth again, yo-yo. Mayor Carollo: I call the question. Can you call the roll call on this one, also, Mr. Clerk? The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-577 A MOTION INSTRUCTING THE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP) FOR ALL RENAMING UNAWARDED VACANT LOTS OWNED BY THE CITY OF MIAMI, IN ORDER THAT PRIVATE DEVELOPERS, CONTRACTORS OR INDIVIDUALS CAN PROVIDE AFFORDABLE HOUSING ON SAID LOTS; FURTHER DESIGNATING VICE MAYOR GORT TO WORK WITH THE MANAGER TO DEVELOP SAID RFP; AND FURTHER DIRECTING THE MANAGER TO HAVE SAME READY IN SEPTEMBER. 135 July 25, 1996 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: We're on item 44 now. Mr. Odio: We need to withdraw that. Commissioner Plummer: You want to defer it? Mayor Carollo: Oh, that's right, that was deferred. NOTE FOR THE RECORD: At this point, agenda item 44 was deferred. ---------------------------------------------------------------------------------------------------------------- 53. CONTINUED --RATIFY MANAGER'S SOLE SOURCE FINDING -- APPROVE PURCHASE OF ONE (1) SATELLITE SCREEN MODEL H10 HOPPER / FEEDER -- FOR GENERAL SERVICES/SOLID WASTE -- ALLOCATE FUNDS ($36,605). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: It would be item 60, I believe? That's the last one? Commissioner Plummer: I thought we did 60. Didn't we do 60? Mayor Carollo: No, we didn't do 60 before. Commissioner Plummer: Oh. I thought we finished the... Mayor Carollo: It's a four -fifth vote that we needed before. Mr. Cesar Odio (City Manager): Sixty. Commissioner Plummer: I'll move it. Vice Mayor Gort: Is this Clark Cook's item? Mayor Carollo: OK. There's a motion on item 60. Is there a second on this one? 136 July 25, 1996 Vice Mayor Gort: Second. Mayor Carollo: There's a second. Any further discussion from any member of the Commission on it? Hearing none, all in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-578 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF ONE (1) SATELLITE SCREEN, MODEL H10 HOPPER/FEEDER, FOR THE DEPARTMENT OF GENERAL SERVICE ADMINISTRATION/SOLID WASTE, FROM SATELLITE SCREENS, A NON-LOCAL/NON-MINORITY VENDOR, AT A TOTAL PROPOSED AMOUNT OF $36,605.00; ALLOCATING FUNDS THEREFOR FORM THE SOLID WASTE FOR '96 RECYCLING & EDUCATION SPECIAL GRANT FUND, PROJECT NO. 197008, ACCOUNT CODE NO. 421306-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 137 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 54. (CONTINUED) REALLOCATE $100,000 FROM FY 1996-1997 HOME MULTIFAMILY NEW CONSTRUCTION PROGRAM AND $378,000 FROM FY 1996-1997 HOME ASSISTED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) PROGRAM -- TO INCREASE FUNDS AVAILABLE UNDER CITY'S HOME MULTIFAMILY REHABILITATION LOAN PROGRAM -- DAWKINS REQUEST FUND BALANCE TO BE USED FOR NEW CONSTRUCTION INSTEAD OF REHABILITATION / RENOVATIONS -- SEE LABEL 9. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Is there consideration for reconsideration on 7? Mayor Carollo: Let me go over 7 here. Commissioner Dawkins: Yes, yes. I second the motion. Commissioner Plummer: I'll move to reconsider on 7. Mr. Gort, that was... Mayor Carollo: OK. There's a motion to reconsider 7. Commissioner Dawkins: I second. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-579 A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM 7 (PROPOSED AUTHORIZATION OF CITY MANAGER TO REALLOCATE $100,000 FROM FOR 1996-1996 HOME MULTIFAMILY NEW CONSTRUCTION PROGRAM AND $378,000 FROM THE FY 1996-1997 HOME ASSISTED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION [CHDO] PROGRAM, TO INCREASE THE FUNDS AVAILABLE UNDER CITY'S HOME MULTIFAMILY REHABILITATION LOAN PROGRAM). (Note for the Record: Said item was immediately thereafter passed and adopted a, - Resolution 96-579.1.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted b" the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: And if it's in order and nobody has any problem, or problems ha been resolved, I'll move for its approval. 138 July 25, 199 Mayor Carollo: OK. There's a motion. Commissioner Dawkins: I second it, and under discussion. Mayor Carollo: A motion and a second. Under discussion. Commissioner Dawkins: You gave me the address of the property. What was that address? Mr. Elbert Waters (Director, NET/Community Development): That address was 282 Northeast 2nd Street. Commissioner Dawkins: OK. All right. Now, Mr. Manager, I will vote with this, if this is the only rehab of those that we do until this Commission can get a handle on the new construction money and what have you. Mr. Cesar Odio (City Manager): Yes, sir. Fine. Commissioner Dawkins: Is that all right... if that's all right with you. Mr. Odio: Yes, sir. Commissioner Dawkins: J.L., you understand what I said? Commissioner Plummer: I'm sorry. I was... Commissioner Dawkins: OK. I said that I would second your motion and vote with the motion, if this property is the only one we do from this new construction money, and we use the rest of the money for new construction. Commissioner Plummer: That's fine. Fine. Commissioner Dawkins: OK. Mayor Carollo: There's a motion, there's a second. Hearing no further discussion from the Commission... Mr. Odio: Mr. Mayor, there is an item that we skipped... Mayor Carollo: ... except for the Manager. Mr. Odio: ... that when you called them, they were not here, United Way, on Belafonte/Tacolcy. Mayor Carollo: night. We'll get to that in a second here. It has nothing to do with this. Commissioner Plummer: Call the roll on... Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: Unanimous vote. 139 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-579.1 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO REALLOCATE $100,000 FROM THE FY 1996-1997 HOME MULTIFAMILY NEW CONSTRUCTION PROGRAM AND $378,000 FROM THE FY 1996-1997 HOME ASSISTED COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) PROGRAM, TO INCREASE THE FUNDS AVAILABLE UNDER THE CITY'S HOME MULTIFAMILY REHABILITATION LOAN PROGRAM; AUTHORIZING THE CITY MANAGER TO ALLOCATE THE ADDITIONAL $277,000 IN FY 1996-1997 HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDING AVAILABLE TO THE CITY OF MIAMI FROM THE U.S DEPARTMENT OF HOUSING AN URBAN DEVELOPMENT FOR THE AFOREMENTIONED PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THIS PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 140 July 25, 1996 t \ ----------------------- 55. PERSONAL APPEARANCE: RON HILL, UNITED WAY REPRESENTATIVE, TO REQUEST FUNDS FOR BELAFONTE TACOLCY PARK IMPROVEMENT PROJECT. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Now, the people from the United Way of Dade County that are here. Are they here? Yes, they are. It's item number 9. This will be the last item that we have in the... Commissioner Plummer: Except the appointments. Mayor Carollo: Well, yeah, we have to go back to the appointments. You're correct. Vice Mayor Gort: The appointments? Commissioner Plummer: We haven't made any of the appointments yet, waiting for you. Vice Mayor Gort: And pocket items. Commissioner Plummer: Yeah. Pockets, also. Where's the people from United... Oh, here he is. Mr. Ron Hill: Right here. Commissioner Plummer: Are you going to fully fund Tacolcy? Is that what you're going to do? Mr. Hill: Pardon me? Commissioner Plummer. United Way is going to fully fund Tacolcy, I heard? Mr. Hill: Not fully fund, but we're... Commissioner Plummer: Oh. No,1 heard... I guess I heard wrong. Mayor Carollo: Are we ready? Because we really need to move ahead. We've got Planning and Zoning, and it's been a long agenda, too. jCommissioner Plummer: Joe, not until five. Mayor Carollo: Excuse me? Commissioner Plummer: Planning and Zoning, you can't start till five. Mayor Carollo: Yeah, but we have to go over a lot of things still with the Manager. OK. We're ready? Mr. Hill: Yes, sir. i Mayor Carollo: Great. Thank you, sir. Mr. Hill: My name is Ron Hill, and my address is 10330 Southwest 103 Terrace in Miami. I'm here today as a volunteer project board member to propose the United Way Project, Belafonte. 141 July 25, 1996 For the last six years, the United Way has done the kickoff campaigns for certain projects throughout the Dade County community. One happens to have been the Florida City, right after Hurricane Andrew. The other was the Landmark Learning Center, where we had over 1500 volunteers in a one -day project put together the landscaping, the painting, the refurbishing of the buildings in Landmark. There were 68 buildings at that particular day that was completed. Another project was last year's project, which was the South Side Elementary School, which we painted with about 1200 volunteers on a 24-hour project. This year, on August the 29th, we are looking to do the Belafonte Center, and do the painting, landscaping, some remodelling, shelving, electrical work, and so on and so forth. I'm here today to request that the City of Miami and the Commissioners and the Mayor help and assist us in putting this project together for the kickoff on August 29th. Commissioner Plummer: What do you call "assistance"? Mr. Hill: What we're looking for is the assistance in some funding with the project. We are looking right now to put a new roof on the Belafonte Center. Mr. Cesar Odio (City Manager): We're doing that already. Commissioner Plummer: We're paying all of that already. Commissioner Dawkins: We're already doing that. Mr. Hill: That is correct. What we're doing is we're doing some of the volunteer work. Commissioner Dawkins: Wait a minute. Hold it, hold it, hold it. Commissioner Plummer: Wait. We're paying for it and you're taking credit. Is that what... Commissioner Dawkins: Time out. Time out. Go right ahead, J.L. You're right, J.L. Go ahead. Commissioner Plummer: Sir, are you aware... Have you made him aware of all of the things we've voted on to do for Tacolcy? Mr. Terry Griffin: Yes, Commissioner, he is aware. What they're actually asking us to do, meaning the City, is to do some preparatory work for the painting, like pressure -cleaning the building itself, pressure -cleaning the... Commissioner Dawkins: Well, why would the United Way have to come before me to get me to protect and upkeep my property? Mr. Griffin: They're asking, obviously, the City's support in doing this. Commissioner Dawkins: Well, no, no, wait now. He didn't... He said... No, no, no. He did not say... Financial support. He doesn't want my verbal support. He just asked for money. Mr. Odio: Commissioner, we had already made arrangements to do the work... Mr. Griffin: Right. To do... Mr. Odio: ... the work that he's asking for. I don't know why... Commissioner Dawkins: You got an emergency the other day, Mr. Manager, to do all these things. 142 July 25, 1996 Mr. Odio: Yeah. I don't understand. Mr. Griffin: OK. Mr. Odio: I thought they were coming here bearing fruits, not taking back. Mr. Griffin: Yes, they are bearing fruits. The only thing it would cost us to do... Basically what he's saying is, they're going to... They're bringing in painters. They're bringing in contractors to resurface the basketball courts. Mr. Odio: They're going to do what they want. They wanted us to prepare the building and do all the... We are doing that already. Mr. Griffin: Prepare the building for those things to happen. Commissioner Dawkins: But we're already going to do that. We're going to do that. Mr. Griffin: Right. They're just coming, formalizing it, and accepting, and asking... Commissioner Plummer: But where is our money going? Mr. Griffin: To the roof... Mr. Odio: To the roof... To the whole thing. Mr. Griffin: Yeah. We put in a new playground. The roof will be done. You know, but it's other things that they're doing that we are not doing. Resurfacing courts... Commissioner Plummer: Well, I sure hope this isn't like the Chamber of Commerce, you know? They take credit for everything that goes right, and they shun and says it's the City Commission if it goes wrong. They come up with everything but dollars. I would say, look, what you did over at that school over on 13th Street is remarkable. You did one fantastic job. I drive by there almost every other day. And the playground is being utilized by the neighborhood, by the school, it is clean, they're keeping it clean, there's a pride that wasn't there before. And I would hope that the same thing would be instilled at Tacolcy. But what I got to say to you is, is that we allocated here a hundred and seventy thousand dollars ($170,000), and I was just taken aback. Mr. Odio: We have more... Commissioner Dawkins: That's on top of four hundred and sixteen thousand ($416,000). Mr. Odio: On top of four hundred and sixteen ($416,000). Commissioner Plummer: Yeah. And I just... Really, if you want us to steam -clean the place, fine. Mr. Odio: We are going to do that already. Commissioner Plummer: I would ask the Mayor to appoint Mr. Odio as the head of the brush that goes up there on Sunday, August the 29th, and does it all. Mr. Odio: If I can use you as the brush, I can. 143 July 25, 1996 Commissioner Plummer: Yes. I loan you. Mayor Carollo: I accept both suggestions, and hopefully, it will get done quickly. Commissioner Plummer: Yes. Don't hold your breath. Mr. Hill: Mr. Mayor, I apologize for not having the correct information. We do request your help and your assistance with personnel during the pressure -cleaning, some of the... Commissioner Plummer: Now you're in trouble. Mayor Carollo: Mr. Manager, what do you recommend, sir? Mr. Odio: We're doing that already, sir, yes, sir. Mayor Carollo: OK. Well, anything else that they need that we're not doing? Commissioner Dawkins: No. I think the problem, Mr. Mayor, is that everybody is in such a hurry - especially the United Way - to get something done there, we're tripping over each other. Mr. Odio: It's... United Way... Mayor Carollo: Well, we thank you for being here today anyway, and for trying to help us, but I'm glad that this is one that the City Administration was ahead of you. Mr. Hill: Thank you so much, Mayor. Mayor Carollo: Thank you. Mr. Griffin: Thank you. Commissioner Plummer: May I appoint Commissioner Gort to represent me? ---------------------------------------------------------------------------------------------------------------- 56. (A) AUTHORIZE SETTLEMENT: ERNESTO GALBAN; JUANA GALBAN ($135,000). (B) VICE -MAYOR GORT DIRECTED ADMINISTRATION TO REVIEW SETTLEMENT CASES IN CONNECTION WITH LAWSUITS -- FURTHER DIRECT ADMINISTRATION TO TRAIN STAFF IN ORDER TO PREVENT SUCH CASES IN THE FUTURE. (See label 36) Mayor Carollo: OK, Mr. Clerk... rather, Mr. City Attorney, we needed to do a house-cleaning item for you. A. Quinn Jones, III, Esq. (City Attorney): Yes. Mr. Mayor, on item 46, which you didn't take any action on, I need the Commission to either do a definitive no -action, or denial, or approval. This settlement was... Excuse me. The Judge delayed the trial pending this being submitted to the Commission for approval. So I say up front, as I indicated to you earlier, I don't have any problem trying the case. I was obligated to bring this to you. It's your decision, if you don't want this settlement. But in any event, I need either a no -action, for you to state that, or some action. 144 July 25, 1996 Mayor Carollo: Commissioner Plummer, can we get a motion from you? Commissioner Plummer: You know, I don't know which way to go. I really don't. Commissioner Dawkins: I do. Mayor Carollo: Well, just say no. Commissioner Dawkins: No. Mr. Odio: Do it. I think we should have to do it. Mayor Carollo: Commissioner Dawkins makes a motion that we say no. Commissioner Plummer: This is the bar? Mr. Jones: This is the bar. Commissioner Plummer: This is the bar. Mr. Odio: I would... The Police Chief was looking at... I think I would recommend that we do settle in this case. Mayor Carollo: Well, Mr. Manager, I will take your advice, maybe, in some matters of administration, but not in legal matters. Mr. Odio: No, this is not legal, what I'm talking about. Mayor Carollo: Yes, this is a legal matter. You better believe it's a legal matter. Mr. Odio: No, I mean... Well, OK. Mayor Carollo: You know, the City Attorney, if he really believes that, deeply, that we should settle this, then he should say so. I'm having a major problem that every time that we have a Commission meeting, we have item after item for a hundred, a hundred plus thousand dollars or more that we have to settle. I mean, we're becoming the best deal in town. Every time someone wants to... Commissioner Plummer: Deep pockets. Mayor Carollo: ... file a suit, we're going to settle. Mr. Jones: Commissioner, I think if you look at the last annual report that I gave you, it does not happen to be that way. I mean, as I indicated to you before, I only bring this to you out of a sense... a business sense. I have no problem with trying the cases, but I want you to understand, we're in an era now where you've got runaway jurors, they're anti -police, and you don't know what a jury is going to do. And especially when you get a case where the cards are stacked against you, what we're trying to do is damage control, in more instances than not. I strongly recommend it. But like I said, it's your decision. We'll try the case, if that's your desire. Mayor Carollo: What is the will of this Commission? 145 July 25, 1996 Commissioner Dawkins: OK. All right. Did you say, Mr. City Attorney, that the Judge delayed starting the case because he thought that you would be able to come back to the Commission and get us to approve something? Mr. Jones: That's correct, Your Honor. Commissioner Dawkins: All right. I move it. Mayor Carollo: OK. Commissioner Dawkins makes a motion for approval. Is there a second? Vice Mayor Gort: I'll second it, under discussion. Mayor Carollo: Second. Discussion. Vice Mayor Gort: Unfortunately, one of the things that you need to do here - and this is something the insurance companies do quite a bit - is you have to look at this as a business decision that you have to make, "What's going to cost me less?" Now, what I'm worried about, and what I'd like to see done is, whenever something like this happens, why it happens, and what has to be done to correct this so it will not happen again? This is something that I've been saying since I got in here... i Mayor Carollo: And I've been joining you in that since I got here again. Vice Mayor Gort: Now, we need to coordinate a little bit more. And I know the staff is doing a good job in trying to do that, but we need to do a lot more. We need to train our people a lot more, to make sure that those mistakes do not happen again, and we learn from this. Mayor Carollo: Chief. Chief Donald Warshaw (Chief of Police): Mr. Mayor, if I may just add. Mayor Carollo: Certainly, Chief. Chief Warshaw: In 1995, the lawsuits against the Police Department went down just about 30 percent, and we're really trying very hard to implement some changes so that these kinds of cases don't come. And you couldn't be more right. You know, I mean, these settlements against the City are becoming so routine in the past year that people come here and they think they're going to get, you know, a big handout. So there's a lot more scrutiny, a lot more investigation going into these cases, so that the Law Department has a lot better information to make decisions. And we've been working very closely with Quinn and the Law Department to ensure that you don't get as many of these cases coming before you. This is an old case, going back, I think, to 1993. Mayor Carollo: Yeah, this is an old case, Chief. You're right. Commissioner Plummer: Yeah, but you know, the real problem around is everybody is gun shy of civil rights suits. And, you know, I constantly hear, "Well, you know what you're looking at. If, in fact, you get an award against you of one dollar ($1), you got to pay legal fees of a hundred thousand dollars ($100,000)." I'm getting tired of hearing that. You know, it's not necessarily right or wrong. Now, you know, in this particular case... Maybe not this case. The man... And I understand fully, Quinn, that there's a difference between criminal court and civil court. But, damnit, when you're in criminal court and the man is acquitted, it's got to mean, in my thinking - non -legal, non -lawyer - in my thinking, if he wasn't guilty in there, why is he guilty over there? All right? And I know that the court system around here is so screwed up, it's unbelievable. All 146 July 25, 1996 you got to do is look at these cases that are coming out of these courts around here, and it's easy to understand why everybody is going broke. Mr. Jones: Commissioner, I'll give you a perfect example. You just had the O.J. Simpson case where he was acquitted. Look at the civil suit that's against him. Commissioner Plummer: Yeah, well let's do like he did. Let's pick the Judge we want. They just kicked out the Judge because the defense didn't like him, and they had to agree on who the Judge would be on the new one. What in the hell is this country coming to, when the defendant can pick the Judge he wants? And that's what he did. Mayor Carollo: Gentlemen... Commissioner Plummer: Go ahead, call your roll. Mayor Carollo: ... I call the question. Commissioner Plummer: Call the roll. Mayor Carollo: There's a motion, there's a second. Call the roll. Commissioner Plummer: Hey, if I ever get in, let me pick my Judge. OK? The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-580 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ERNESTO GALBAN AND JUANA GALBAN, HIS WIFE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $135,000.00 (PAYABLE IN TWO (2) INSTALLMENTS: THE FIRST IN THE AMOUNT OF $100,000.00 PAYABLE AS SOON AS POSSIBLE FOLLOWING THE DATE OF THIS RESOLUTION, AND THE SECOND, IN THE AMOUNT OF $35,000.00 PAYABLE THE FIRST WEEK IN JANUARY, 1997), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 95- 1515-CIV-GRAHAM, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE INSURANCE AND SELF- INSURANCE TRUST FUND, INDEX CODE NO. 620101-651. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 147 July 25, 1996 Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by t following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to register a big "no," just to tell the lawyers in tf community, we ain't going to roll over and die. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Another second wisdom. Mayor Carollo: Well, if I vote no, then they're going to say, "There they go, they got a two/tv vote." Commissioner Plummer: Don't do that. Dawkins will commit suicide. Mr. Jones: Which is tantamount to no action. Mayor Carollo: I'll see Cavanaugh doing her last story saying, "They're two/two. We need ti third vote to, you know"... Commissioner Plummer: Yeah. Mayor Carollo: I've been leaning very much in going with Commissioner Plummer on this. I tired of seeing case after case being brought to us to negotiate it. But I guess what's mad: difference to me in voting with what will be the majority has been the Police Chief, himself, t feels strongly that we should settle this. So I vote yes. Commissioner Plummer: Just for the record, are you going to leave the other case as is? Mayor Carollo: Do you need any action on the other case, Mr. Attorney? I don't believe so. Mr. Jones: Which one? On Tillman? You didn't take any action on it. Commissioner Plummer: The one on the rape. Mayor Carollo: OK. Well, you didn't need any action on that one, did you? Mr. Jones: Well, it was the same situation. Judge Marcus suspended setting the trial pen, this coming before you for either approval or disapproval. But since you didn't take any aci that's... Mayor Carollo: But, Quinn, you told us one case, now. This is what you told me before. Mr. Jones: No, Commissioner, you... 148 July 25, 1' Commissioner Plummer.: This is the bar, and the other's a rape. You're just talking... Mr. Jones: I told you one case. I didn't bring the other one up. Mayor Carollo: Well, I know. OK. Then... Mr. Jones: I mean, you did what you did. Mayor Carollo: All right. Do we have anything else left on the agenda outside of the appointments that we have to make? Commissioner Plummer: That's it. Mayor Carollo: OK. Let's go down the appointments, then. ------------------ --------------­--------- ----------------------------------------------------------------------------------- 57. APPOINT RAMIRO MARREIRO, M.D.; VICKY LEIVA; ROBERT GRILL; CAPTAIN VIRGIL FERNANDEZ TO SERVE ON AFFIRMATIVE ACTION ADVISORY BOARD. Mayor Carollo: I am going to hold my appointments until I instruct the Manager to put them in the agenda. Most likely, next meeting for mine. Commissioner Plummer: OK. You want me to go through all of mine, and then each one of us do that, or do you want to do item, item, item? Mayor Carollo: Well... Commissioner Plummer: How do you want to do it? Mayor Carollo: Let's go item by item... Commissioner Plummer: OK. Mayor Carollo: ... so that we don't lose track of it. Commissioner Plummer: Two -one, I... Mayor Carollo: Two -one, let's begin with. Commissioner Plummer: Two -one, I will reappoint Vicky Leiva and Robert Grill. Mayor Carollo: OK. I second that... Do we have a second of that motion? Commissioner Dawkins: Well, why don't we second them all? Mayor Carollo: Yeah, let's second them all. Commissioner Plummer: Whoever you got to... 149 July 25, 1996 1 Mayor Carollo: You have Plummer, and you have... Gort just got one. You don't have any others, I don't believe. Vice Mayor Gort: This is the... This is for the Affirmative Action Advisory Board. Commissioner Plummer: Correct. Vice Mayor Gort: Correct? Dr. Ramiro Marrero. Mayor Carollo: OK. Commissioner Dawkins: And I reappoint Sam Mason. Mayor Carollo: Sam Mason. OK. Didn't you appoint him already, Miller, or not? Commissioner Dawkins: Yes. Mr. Odio: Yeah. Commissioner Dawkins, you already did yours. Mayor Carollo: He was appointed already. OK. So there's a motion, there's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-581 A RESOLUTION APPOINTING AND CONFIRMING THE SELECTION OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: i AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort jMayor Joe Carollo NAYS: None. ABSENT: None. 150 July 25, 1996 -- ------------------------------------------------------------------------------------------------------------- 58. APPOINT STEVE KNEAPLER TO SERVE ON BUDGET AND FINANCES REVIEW COMMITTEE. Commissioner Plummer: The next one... Mayor Carollo: Two -two. Commissioner Plummer: Two -five is the next one. Mayor Carollo: Yeah. Yeah, because it's... Commissioner Plummer: Because you're holding everything. Willy Gort has one on Budget and Finance. Vice Mayor Gort: This is the Budget and the Finance Review. Commissioner Dawkins: Is this 2.1 or 2.5? Mayor Carollo: We're on 2.5 right now. Vice Mayor Gort: Two point five. Commissioner Plummer: Two point five. Mayor Carollo: Just Commissioner Gort has one to make. Vice Mayor Gort: Steve Kneapler. Commissioner Plummer: Who? Mayor Carollo: OK. Steve Kneapler on item 2.5. Dawkins seconds it. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 151 July 25, 1996 The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-582 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE BUDGET AND FINANCES REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ----- ----------------------------- ------------------------------------------------------------------------------ 59. APPOINT JAMES SIMMONS TO SERVE ON CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Item 2.6. Commissioner Plummer: It's Willy's. Mayor Carollo: Gort has one. Vice Mayor Gort: I appoint Jame Simmons. i Mayor Carollo: OK. Plummer... Dawkins seconds it. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 152 July 25, 1996 The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-583 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. --------- ------------------------------------------------------------------------------------------------------ 60. APPOINT CRYSTAL GRIGGS; ROSIE GORDON-WALLACE; ANNETTE EISENBERG; NANCY MINETT; JOSEFINA SANCHEZ-PANDO; IVON MESA TO SERVE ON COMMISSION ON THE STATUS OF WOMEN. Mayor Carollo: Then we're going to jump down to 2.8. Commissioner Plummer: Two -eight. It says here I got three appointments, and it should be five. Mr. Cesar Odio (City Manager): You have five. Commissioner Plummer: Nancy Minnett, Josefina Sanchez-Pando, and Ivon Mesa are the three that I'll appoint at this time, and hold, reserve my last two. Commissioner Dawkins: I appoint Rosie Gordon -Wallace back and Diane James... No, Diane James... Yeah, Diane James. I'm sorry. Instead of Diane James, I'm going to put that lady from Northeast Miami. Mayor Carollo: Each of you have five on this thing. Commissioner Plummer: I've made three and I hold two. Mayor Carollo: OK. Commissioner Dawkins: All right. I put Annette Eisenberg. 153 July 25, 1996 Vice Mayor Gort: Mr. Mayor, on this one, I have to check, because I have Crystal Griggs for sure, but I do not show any other nominations, so I have to look through this, so I'll leave the other four for later on. Mayor Carollo: OK. That will be fine. All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-584 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 61. COMMISSIONER DAWKINS WILL SUBMIT IN WRITING HIS APPOINTMENT TO THE INTERNATIONAL TRADE BOARD. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: OK. Then we... The next one will be 2.10. Is that Dawkins? Commissioner Dawkins: OK. I'm not going to reappoint Siplin nor Reisman. I did appoint somebody, but I... I don't know where it is now. I'll submit it in writing. Mayor Carollo: OK. We'll defer that, then. Commissioner Dawkins: OK. Mm-hmm. Mayor Carollo: We go to 2.11 now. Vice Mayor Gort has two appointments. Commissioner Plummer: Latin Quarter Review Board. Mayor Carollo: OK. We'll skip that one for the next meeting. Two -twelve will be Commissioner Dawkins that has an appointment. 154 July 25, 1996 i Commissioner Dawkins: OK. I have the name. I'll submit it in writing to the Clerk or the Manager. -------------------------------------------------- ------------------------ -------------------------------------- 62. APPOINT DAVID CABARROCAS AND MARIA DEL CARMEN CASTELLANOS TO SERVE ON LATIN QUARTER REVIEW BOARD. Vice Mayor Gort: Excuse me, Mr. Mayor. I'd like to go back to 2.11. Mayor Carollo: OK. We'll go back to 2.11. You have two appointments there. Vice Mayor Gort: Yes, I do. I have David Cabarrocas and Maria del Carmen Castellanos. Mayor Carollo: OK. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Vice Mayor Gort: This is the Latin Quarter Review Board. Mayor Carollo: OK. It passes. The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-585 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE LATIN QUARTER REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 155 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 63. APPOINT MONIQUE TAYLOR TO SERVE ON NUISANCE ABATEMENT BOARD. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Two -twelve. Commissioner Dawkins is going to defer. Commissioner Dawkins: Yes. No, I would rather submit it in writing, because the individual sits until I name an appointee, so I would like to... Mayor Carollo: Right. But we're still going to have to bring it back and give an official approval. Commissioner Dawkins: Yeah, but we don't get back until... OK. What's the lady's name I was going to put here? Unidentified Speaker: Monique Taylor. I Commissioner Dawkins: Paulette Taylor? 1 Unidentified Speaker: No. Monique Taylor. Mayor Carollo: Monique Taylor. Commissioner Dawkins: Monique. Monique Taylor, because I... We won't meet in August, and I'll just do this now. Mayor Carollo: All right. So there's a motion, there's a second by Plummer for Monique Taylor. Commissioner Dawkins: In 2.12, Monique Morgan... Mayor Carollo: Taylor. Monique Taylor. i Commissioner Dawkins: Monique Taylor for Patrick Prudhomme. Mayor Carollo: Yeah. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes. 156 July 25, 1996 i i The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-586 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATE HEREIN. i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. -- ------------------------------------------------------------------------------------------------------------- 64. (A) APPOINT ELI FEINBERG AND ROBERT RATINER TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY. (B) WAIVE RESIDENCY REQUIREMENTS: FEINBERG/RATINER. Mayor Carollo: And we go to 2.14, which is the Miami Sports and Exhibition Authority. Commissioner Plummer: Bob Ratiner. Mayor Carollo: Who is that, sir? Commissioner Plummer: Bob Ratiner. Mayor Carollo: OK. Do you know him? Commissioner Plummer: Very well. Mayor Carollo: OK. Commissioner Plummer: He's my son-in-law, who served on that board prior to being my Bon- in -law. Mayor Carollo: And did a fine job before, and even better after. Commissioner Plummer: "Abso-damn-tively." He's giving me my first grandchild on Labor Day. 157 July 25, 1996 Mayor Carollo: Congratulations, J.L. Commissioner Dawkins: I second J.L.'s... Mayor Carollo: Well, we're going to do them all at one time. Commissioner Dawkins: OK. I don't have any. I got to wait. I don't... I got to find me somebody. Mayor Carollo: OK. Willy do you want to do yours? Vice Mayor Gort: Yeah. I'd like to nominate Eli Feinberg. He's one of the founding members. Mayor Carollo: OK. Commissioner Dawkins: Commissioner Gort, you may as well get the waiver, because he doesn't live in the City, so we may as well pass the waiver now, too. Vice Mayor Gort: OK. I'll ask for the waiver. Commissioner Dawkins: Second. Commissioner Plummer: Wait a minute. Live or work in the City, isn't that the... Mayor Carollo: Well... Commissioner Dawkins: Live. Vice Mayor Gort: Live or have business here. Mayor Carollo: I think we have to do them separately for the waivers. Commissioner Dawkins. OK. OK. Mayor Carollo: Let's approve it first, and then we'll do the waiver for Eli. Commissioner Plummer: OK. Mayor Carollo: OK. You have Bobby Ratiner and Eli Feinberg. There's a motion, there's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 158 July 25, 1996 i i The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-587 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: OK. Now, there's a motion by Gort, second by Plummer, to waive the live-in requirements for Mr. Feinberg, and we need a four -fifths vote. Commissioner Plummer: Wait a minute. You're going to need it also, if it's for the residency. You're going to need it on Bobby, also. Mayor Carollo: On Bobby? Commissioner Plummer: Yeah. Mayor Carollo: He lives in the City, doesn't he? Commissioner Plummer: No. j Commissioner Dawkins: OK. Well, go right ahead. Mayor Carollo: He doesn't? Commissioner Dawkins: OK. Well, let's do them both at the same time. Commissioner Plummer: Do them both at the same time. Mayor Carollo: OK. Commissioner Dawkins: I second the motion. Mayor Carollo: There's a motion to lift the residency requirement for both of the appointments that we just made. There's a second by Plummer. Commissioner Plummer: Yep. 159 July 25, 1996 Mayor Carollo: Can you call the roll call on that, Mr. Clerk? The following motion was introduced by Vice Mayor Gort, who moved its adoption: MOTION NO. 96-588 A MOTION WAIVING THE RESIDENCY REQUIREMENT FOR ELI FEINBE: AND ROBERT RATINER, BOARD MEMBERS OF THE MIAMI SPORTS Al EXHIBITION AUTHORITY. (Note for the Record: The essence of Motion 96-588 is contained in Resolution 96-587.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor Carollo: You do need a four -fifths vote on that, right? Commissioner Dawkins: Yes. Mayor Carollo: I vote yes. Commissioner Plummer: Just remember, I had my chance yesterday. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Carollo: All right. Do we have... Let's see, any more... Yeah, we do, as a matter of We have 2.18, Commissioner Dawkins and Vice Mayor Gort on 2.18. Commissioner Dawkins: OK. I'll defer that one until September. Mayor Carollo: OK, Mr. Gort? Vice Mayor Gort: I'm sorry. Where are we at, Mr. Mayor? Mayor Carollo: We're at 2.18. Commissioner Plummer: Two-18, Urban Development. Mayor Carollo: That's the Urban Development Review Board. Vice Mayor Gort: I'd like to add an individual. I'd like to meet with him before I appoint b 160 July 25, 1 Mayor Carollo: OK. We'll skip that one for the next meeting. And 2.20, J.L., this is yours. Commissioner Plummer: I'll deter it till the next meeting. Mayor Carollo: OK. Two -twenty is deferred, also. Commissioner Dawkins: Two -twenty-one, defer. Mayor Carollo: Two -twenty-one deferred. NOTE FOR THE RECORD: At this point, agenda items 2.18, 2.20, and 2.21 were a erre . ---------------------------------------------------------------------------------------------------------------- 65. APPOINT JOSEPH RICHARDS TO SERVE ON HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. Mayor Carollo: And 2.22. Commissioner Plummer: On 2.22, I have a correction to make. I gave the man's wrong name. On the Business and Finance, his name is Joseph Richards. Mayor Carollo: OK. Commissioner Plummer: So it's a correction. Mayor Carollo: Joseph Richards is your appointment? Commissioner Plummer: Yes, sir. Mayor Carollo: OK. There's a motion by Plummer, second by Dawkins. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 161 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-589 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: I don't believe we have any other... Vice Mayor Gort: I have a question, Mr. Mayor, On Dinner Key Boatyard, the committee that we were supposed to name individuals, did we take that up yet? Commissioner Plummer: We deferred it. Vice Mayor Gort: It says... It was deferred? Mayor Carollo: Yeah, it was deferred on that. Commissioner Plummer: I mean, the boatyard, itself, was deferred. Mayor Carollo: Yeah. Vice Mayor Gort: OK. But the committee was deferred also? Mayor Carollo: Yeah. 162 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 66. WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE ENGAGEMENT OF G.A.L. COMMUNICATIONS, INC. -- FOR EMERGENCY RELOCATION AND RECONFIGURATION OF TELEPHONE SYSTEMS AND TELECOMMUNICATIONS EQUIPMENT CITYWIDE -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE / COMMUNICATION SERVICES DIVISION --ALLOCATE FUNDS ($20,000). Commissioner Plummer: Are you ready for pockets? Commissioner Dawkins: How many do you have, Commissioner Plummer? Commissioner Plummer: I have, personally, none. Commissioner Dawkins: Well, don't bring up any, then. Commissioner Plummer: I have two for the Administration. Mayor Carollo: Well... Commissioner Dawkins: You know, I'm going to sit with the City Attorney sometime soon, and see what legislation we can draft to make sure that you only present those that are yours. Commissioner Plummer: I have no problem with that, sir. Basically, I'm a good reader, that's why. A resolution... Commissioner Dawkins: That is debatable. Commissioner Plummer: Yes. Please. NOTE FOR THE RECORD: At this point, Commissioner Plummer read the proposed resolution into the public record. Commissioner Plummer: I so move. Commissioner Dawkins: Second. Mayor Carollo: OK. There's a motion and there's a second. Commissioner Plummer: It's a four -fifths. Mayor Carollo: Hearing no further discussion, show a unanimous vote. 163 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-590 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ENGAGEMENT OF G.A.L. COMMUNICATIONS, INC., IN AN AMOUNT NOT TO EXCEED $20,000.00, FOR THE CITYWIDE RELOCATION AND RECONFIGURATION OF TELEPHONE SYSTEMS AND RELATED TELECOMMUNICATIONS EQUIPMENT FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, COMMUNICATION SERVICES DIVISION; ALLOCATING FUNDS THEREFORE FROM THE FY '95-96 OPERATING BUDGET, ACCOUNT CODE NO. 420601-510, IN AN AMOUNT NOT TO EXCEED $20,000; AND DIRECTING CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 67. APPROVE PURCHASE -- WAIVE REQUIREMENTS OF COMPETITIVE SEALED BIDS ($60,000 WORTH OF PARTS FOR MECHANICAL STREET SWEEPERS; $20,000 FOR OLD DOMINION BRUSH AND $40,000 FOR RAY PACE WASTE EQUIPMENT -- FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION / SOLID WASTE, VEHICLE AND EQUIPMENT ADMINISTRATION DIVISION -- ALLOCATE FUNDS. ---------------------------------------------------------------------------------------------------------------- NOTE FOR THE RECORD: At this point, Commissioner Plummer reads a proposed reso ution into the public record. Commissioner Plummer: I so move. 164 July 25, 1996 Mayor Carollo: There's a motion. There's a second by Dawkins. Show a unanimous vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-591 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT A VALID EMERGENCY EXISTS AND WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE PROCUREMENT OF PARS FOR MECHANICAL STREET SWEEPERS, IN AN AMOUNT NOT TO EXCEED $600,000.00, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, VEHICLE AND EQUIPMENT ADMINISTRATION DIVISION; AUTHORIZING THE CITY MANAGER TO AWARD THE PROCUREMENT OF SAID PARTS FROM OLD DOMINION BRUSH, IN AN AMOUNT NOT TO EXCEED 420,000.00, AND TO PAY PACE WASTE EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $40,000, AND FURTHER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID PROCUREMENT; AND ALLOCATING FUNDS THEREFOR FROM THE FY '95-96 OPERATING BUDGET, ACCOUNT CODE NO. 420901-702, PROJECT CODE 509000, IN AN AMOUNT NOT TO EXCEED $60,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: For the record, Mr. Mayor, I have no personal pocket items. Mayor Carollo: For the record, you have none. 165 July 25, 199. ---------------------------------------------------------------------------------------------------------------- 68. DIRECT ADMINISTRATION TO REHABILITATE CO-OP AT 224 N.W. 12 STREET -- PREPARE UNITS TO BE SOLD -- FURTHER STIPULATE THAT COMMISSIONER DAWKINS WILL HAVE SOMEBODY IN OVERTOWN IDENTIFY INDIVIDUALS FROM WHICH TO SELECT THOSE WHO CAN PURCHASE UNITS. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Commissioner Dawkins, do you have any? Commissioner Dawkins: Oh, yes, I have one. Commissioner Plummer: Hey, Miller, he's trying to push two of his out on me. Vice Mayor Gort: No, they're not mine. They're the department's. Commissioner Dawkins: You want to go next, Commissioner Gort? Vice Mayor Gort: No, go ahead, sir. I'm waiting for mine. Commissioner Dawkins: For six years, we have attempted to restore a... Where is Mr. Hepburn? Mr. Hepburn, or anybody, what do we call that unit, Mr. Manager, that Mr. Irby McKnight is living in? Is it a co-op? Is it... What is it? Mr. Jeff Hepburn (Assistant Director, NET/Housing): The property is located at 224 Northwest 12th Street. It's a co-op that we funded back in '81, about a hundred and twenty thousand dollars ($120,000), I think, we provided to rehab that particular building. It's about nine units. Commissioner Dawkins: OK. Now, at one time... And I'm asking Mr. Hepburn, Mr. Manager, to keep from going... through you to him. At one time, we had to go to the courthouse to stop the property from being bought on the courthouse steps, for the lack of a better word. Is that a correct statement? Mr. Hepburn: Yes. We paid the back taxes. Yes. Commissioner Dawkins: All right. And a gentleman had purchased one unit; is that correct? Is that correct? Mr. Hepburn: That's correct. Commissioner Dawkins: Now, how do... Is it possible - either one of you over there - to rehab this and sell it as units for home ownership or what have you? Is that possible? Mr. Hepburn: Commissioner Dawkins, initially, that's exactly what happened back in '81. Commissioner Dawkins: Mm-hmm. Mr. Hepburn: We provided financing to rehab the project, and at that point, the co-op began to sell the units to the individual home buyers at that point. Commissioner Dawkins: And they defaulted. 166 July 25, 1996 Mr. Hepburn: That's correct. Commissioner Dawkins: What can we do now? Mr. Hepburn: Right now, that particular property, from what I understand, is in the Law Department to be foreclosed on, for us to recoup our funds, and exactly, that's where it is today. Commissioner Dawkins: Foreclosure. Mr. Hepburn: Yes. We have begun the foreclosure process through the Law Department to try to get control of the property. Commissioner Dawkins: What funds... OK. Now, what funds are we going to recoup? Mr. Hepburn: There were Community Development Block Grant funds... Commissioner Dawkins: I mean, but where are we going to get them from? Mr. Hepburn: Well, one of two things. Either recoup our funds, or get possession of the property. Commissioner Dawkins: All right. If we get the possession of the property, what... I mean, I'm only ask... What are we going to do with it? Mr. Hepburn: Well, we're going to make a decision whether or not we want to sell it, or to put it back out, just like we did with Hardemon Grocery Store, but put it back out on the market to be sold, and recoup City dollars. Commissioner Dawkins: OK. Well, what would... And I'm only asking questions, Mr. Waters, and Mr. Manager, and you. What would happen... How many units is it? Mr. Hepburn: It's nine units. Commissioner Dawkins: All right. What would happen if we - it would have to be us - found six people who qualified for a loan, and we went into the building, and instead of having nine units, come out with six units, and sell them to the people, rather than push or something else? Is such a thing feasible? Mr. Odio: I'd rather do that, yes, sir. Commissioner Dawkins: OK. All right. Then, Mr. Manager, I'll... All right. I'll have somebody to work with whomever you designate and... Mr. Odio: OK. Commissioner Dawkins: OK? And I'll have Chico work with them, and then I'll have... No, I don't want no preacher in Overtown. I'll have somebody in Overtown to identify eight people, although we will only use six, because... And I say eight because when we end up with eight, two people are going to fall out, anyway, for some reason. So, I mean, is that a... Do you think that's doable? Mr. Hepburn: Yes. We have had some preliminary discussions with Mr. McKnight, I guess maybe a year or two ago, but we're willing to go back and put that proposal on the table. 167 July 25, 1996 Commissioner Dawkins: Yeah, But you see, but every time we've had the discussions with Mr. McKnight, that's as far as it gets. It's been to my office, it went to Mr. Herb Bailey, then it went to you, then it went to Mr. Waters, and we still have not, you know... So now, we need to... Before our inspectors force us to condemn it and push it down, because that's where we're headed, Mr. Hepburn and Mr. Waters. So the Manager has agreed that we will find eight people, six of them, and we will rehab it. And I just said I wasn't going to rehab no more broken down houses. I just said that. OK. Well, we'll come up with something, OK? But we're rehabbing them for private ownership, not for rental. OK. Thank you. That's my pocket item. Thank you. ---------------------------------------------------------------------------------------------------------------- 69. (A) ALLOCATE (NOT TO EXCEED) $25,000 TO HBO MAIN EVENTS MIAMI WEEKEND WORLD CHAMPIONSHIP BOXING MATCHES AT KNIGHT CENTER. (B) COMMISSIONER PLUMMER COMMENDS FORMER MAYOR DAVID T. KENNEDY FOR ORGANIZING THE MIAMI-METRO 1996 OLYMPIC BOXING EVENT WHICH PROMOTED THE CITY OF MIAMI WORLDWIDE ON ESPN. Mayor Carollo: I have a couple of pocket items, if Commissioner Plummer is around somewhere. Vice Mayor Gort: He's coming back. Mayor Carollo: OK. The pocket item that I have is to allocate some funding. If I may, gentlemen, Commissioners, this will be important. Commissioners, this will be important for Miami. I'd like for you all to listen to this. Let me read the letter that I received from Gordon, Sloan and Diaz-Balart, a marketing and public affairs firm. It says: "As you know, our firm has been retained by Main Events, the leading boxing promotion organization in the world, as local coordinators for the upcoming HBO/ Main Events 'Miami Weekend,' September 20 and 21, 1996, featuring two back-to-back world championship boxing matches (Pernell Whittaker versus Loffredo Rivera, and Arturo Gatti versus Tracy Patterson). Both are return or grudge matches, and promise to generate a great deal of interest throughout the boxing world. The second half of HBO's 'Miami Weekend' will be the Saturday, September 21st Gloria Estefan Concert, televised live from the Miami Arena. This is to request that the City of Miami take the lead in assembling a local community sponsorship package of seventy-five thousand dollars ($75,000) to help defray the costs of producing the boxing event. The direct benefits to the City will include: Top billing for the City of Miami in Main Event's 25,000 media buy (The City of Miami Presents); highly prominent mention of the City of Miami in extensive HBO promotion in the three weeks preceding the event; high profile positive coverage of the City in the worldwide HBO broadcast, reaching many millions of viewers. HBO has a tradition of incorporating very effective promotional messages about host communities into the main body of their broadcasts. The City name and logo on two corner pads of the boxing ring, plus extensive additional signage within television camera range throughout the James L. Knight Center." Out of the seventy-five thousand dollars ($75,000) that they're requesting, I'm pretty certain tha we have found fifty thousand ($50,000) of that through some other sources. And what I'd like t, ask the Commission is to approve up to twenty-five thousand ($25,000), no more than twenty 168 July 25, 1996 five thousand ($25,000). If I can find additional funds from other sources, then 1 will bring those in. But the motion is for this Commission to approve up to twenty-five thousand dollars ($25,000) to sponsor these events that will be televised worldwide by HBO on September 20th and 21. Commissioner Plummer: Well, Joe, I'm going to say yes, and let me tell you why I'm going to say yes. Mr. Manager, we were all a little embarrassed over at Dinner Key Auditorium when the air conditioning didn't work. Whatever reason. Let me tell you something. I have seen four times on - what's the - ESPN, four times that going worldwide. And let me tell you, Mr. Dave Kennedy, I hope you're listening. You did the City of Miami a tremendous favor... Mayor Carollo: You sure did. Commissioner Plummer: ... by bringing that to this City. And the beautiful, beautiful publicity that we got for the little bit of dollars that we got involved, to go on this, in a worldwide atmosphere, of twenty-five thousand dollars ($25,000)... I know we're hard pressed, but this is what I think is the kind of development money we need to say something positive about this community. And I second the motion. Mayor Carollo: Well, you're going to make the motion. Commissioner Plummer: I make the motion. Vice Mayor Gort: Second. Mayor Carollo: It's seconded by Vice Mayor Gort. Let me say this. We will be receiving numerous mention of Miami for the three weeks preceding this fight from the James L. Knight Center, and the concert of Gloria Estefan at the Miami Arena. The night of the fight, and the concert, there are going to be scores of scenes from the best that Miami has to offer. We're going to show then the real Miami, to the rest of the country, to the rest of the world. And we might even have the opportunity to have some interviews on HBO with some of our own Miami stars, like Sylvester Stallone. So I think this is going to be great to promote Miami as the world class City that we are. Mr. Cesar Odio (City Manager): By the way, Mr. Mayor, we also, because of these fights here, we also are going to have another one that... with seven Cuban defectors fighting the top ranked players at the Knight Center following this fight. Mayor Carollo: Excellent. Mr. Odio: I received a letter blaming the City of Miami for the organization of the boxing matches there, which were very successful. The air condition was blown, not because of us, but because of TV connections... Mayor Carollo: Fuses, yeah. Mr. Odio: ... when they went into plugs. So they always blame the City for everything. Commissioner Plummer: That's not what I heard. I heard because we waived the fees, they were saving money. Mr. Odio: That's not true. Mayor Carollo: Well, that's not what the Russian coaches were telling me. They say that this is our plot to get them more tired so we could beat them, like we did. 169 July 25, 1996 Mr. Odio: I know. Well, that was true, too. Mayor Carollo: But anyway, I'm sure one of those reasons is the accurate one, either yours, Plummer's, or mine. Mr. Odio: The only item where they were right is in the concessions, that we should have opened more concessions, and we didn't. Mayor Carollo: That is true. We lost a lot of revenue that night because it wasn't better planned. Mr. Odio: That's right. That's one correct item. Mayor Carollo: Well, there's a motion, there's a second. Hearing no further discussion, all in favor, signify by saying "aye." Commissioner Plummer: That's... Which motion? Mayor Carollo: On the pocket item that I made. Mr. Odio: The 25. Commissioner Plummer: Yes, yes. Mayor Carollo: OK. Aye, Miller? Commissioner Dawkins: Yes. Mayor Carollo: Commissioner Gort? Vice Mayor Gort: Yes. Mayor Carollo: OK. That passes. 170 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-592 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS TO SUPPORT THE HBO MAIN EVENTS MIAMI WEEKEND WORLD CHAMPIONSHIP BOXING MATCHES TO BE HELD AT THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ON SEPTEMBER 20-21, 1996. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: I have one additional pocket item before you present yours, and that is that... Commissioner Plummer: Mayor Carollo, can I back you up? Certainly. Go ahead. Commissioner Plummer: I think that that other twenty-five that you're looking for, the fifty that you're looking for? Mayor Carollo: Well, I said maximum twenty-five thousand ($25,000). Commissioner Plummer: Yeah, but I think Mr. Merrett Stierheim should receive a call in the morning. Mayor Carollo: He got one today. Commissioner Plummer: Yeah. Mayor Carollo: So did the Port Director, Lunetta. So I will find the fifty thousand from some other sources, maybe even more. Commissioner Plummer: OK. Mayor Carollo: It's a total of seventy-five thousand, but we have approved up to twenty-five. 171 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 70. RATIFY, APPROVE AND CONFIRM EMERGENCY REMOVAL AND INSTALLATION OF THREE AIR CONDITIONING UNITS AND ROOF REPAIR FOR ALLAPATTAH COMMUNITY ACTION INC. (2257 NW NORTH RIVER DRIVE) -- ALLOCATE FUNDS ($17,000 FOR AIR CONDITIONING AND $25,000 FOR ROOF REPAIR) Mayor Carollo: I believe that this is another... No, this is not an Administration item. This is one of mine. This is a resolution that would require a four -fifths vote by members of the Commission, ratifying, approving and confirming the City Manager's finding that a valid emergency exists for the removal and installation of three air conditioning units, the purchase and installation of one air conditioning unit at a total cost not to exceed seventeen thousand dollars ($17,000); and the repair of the roof, at a total cost not to exceed two thousand five hundred dollars ($2,500) at the Allapattah Community Action, Inc. Elderly Center, located on City -owned property at 2257 Northwest North River Drive, Miami, Florida; waiving competitive bidding procedures, and authorizing the City Manager to award contracts as he deems appropriate, allocating funds thereof in the amount of seventeen thousand ($17,000) for the air conditioning, and two thousand five hundred dollars ($2,500) for roof repairs from Special Programs and Accounts. Commissioner Plummer: Move it. Mayor Carollo: There's a motion by Commissioner Plummer. Vice Mayor Gort: Second. Mayor Carollo: Second by Gort. All in favor, signify by saying "aye." The Commission (Collectively): Aye. 172 July 25, 1996 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-593 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS THAT A VALID EMERGENCY EXISTS AND WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES FOR THE (1) REMOVAL AND INSTALLATION OF THREE AIR- CONDITIONING UNITS, (2) PURCHASE AND INSTALLATION OF ONE AIR- CONDITIONING UNIT, AND (3) REPAIR OF THE ROOF AT ALLAPATTAH COMMUNITY ACTION, INC. ELDERLY CENTER, LOCATED ON CITY -OWNED PROPERTY AT 2257 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT AS HE DEEMS APPROPRIATE AND TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDER FOR SAID ACQUISITIONS AND SERVICE; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS IN AN AMOUNT NOT TO EXCEED $17,000.00 FOR THE REMOVAL, PURCHASE, AND INSTALLATION OF SAID AIR-CONDITIONING UNITS, AND IN AN AMOUNT NOT TO EXCEED $2,500.00 FOR SAID ROOF REPAIR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: I have no others. ---------------------------------------------------------------------------------------------------------------- 71. AMEND R 96-163 -- TO FURNISH AND INSTALL PLAYGROUND STRUCTURES AND EQUIPMENT AT TOWN PARK. (RESCIND BID FROM LEADEX CORPORATION AND AWARD APPLICABLE PORTIONS O SAID BID TO ATLANTIS CONSTRUCTION COMPANY), ALLOCATE FUNDS ($10,000), FORM CIP 331363 / COMMUNITY DEVELOPMENT GRANT FUND NUMBER 705403, INDEX CODE 589301-860. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: Mr. Mayor, I have three items. One, you have in front of you, which is the City Commission meeting... would like to rescind the resolution, a portion... Mayor Carollo: Go ahead, Vice Mayor. 173 July 25, 1996 Vice Mayor Gort: ... the City Commission meeting resolution rescinding a portion of Resolution Number 96-163, adopted March 14, 1996, with a reference to the installation of playground equipment in Town Park. This is from the Administration. Commissioner Plummer: Second. Mayor Carollo: OK. There's a motion, there's a second. Hearing no further discussion, all in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-594 A RESOLUTION AMENDING RESOLUTION NO. 96-163, ADOPTED MARCH 14, 1996, WHICH RESOLUTION ACCEPTED BIDS FOR THE FURNISHING AND INSTALLATION OF A PLAYGROUND STRUCTURE AND EQUIPMENT AT TOWN PARK; THEREBY (1) RESCINDING THE BID ACCEPTED FROM LEADEX CORPORATION IN THE AMOUNT OF $9,800.00; (2) AND AWARDING THE APPLICABLE PORTIONS OF SAID BID TO ATLANTIS CONSTRUCTION COMPANY, IN THE AMOUNT OF $10,000; FURTHER, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO INCREASE PURCHASE ORDER NO. 604455 IN THE AMOUNT OF $10,000.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331363/COMMUNITY DEVELOPMENT GRANT FUND NO. 705403, INDEX CODE 589301-860, FOR SAID AWARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 174 July 25, 1996 ------------------------------------------------------ --------------------------------------------------------- 72. ACCEPT PROPOSAL OF DADE AMATEUR GOLF ASSOCIATION -- FOR PROMOTION / MANAGEMENT / OPERATION OF CITY'S CELEBRITY GOLF CLASSIC TOURNAMENT (JOSE CANSECO CELEBRITY GOLF CLASSIC TOURNAMENT). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: The same is... A resolution accepting the proposal from Dade Amateur Golf Association, a not -for -profit corporation, for the promotion, management and operation of the City of Miami's Ninth Annual Celebrity Golf Classic Tournament, named the Joe Canseco Celebrity Golf Classic Tournament. Mayor Carollo: There's a motion. Is there a second, for discussion? Commissioner Dawkins: Second. Mayor Carollo: Seconded by Commissioner Dawkins, for discussion. Who is the Dade Amateur Golf Association, and where would this be held at? Mr. Cesar Odio (City Manager): At the Doral. Mr. Terry Griffin: Yes, Mr. Mayor, it would be held at the Doral. And Dade Amateur Golf Association is a not -for -profit organization, president Charlie DeLucca. Mayor Carollo: OK. Who are the people involved with it? Mr. Griffin: OK. We've gotten a commitment from Jose Canseco to be... Mayor Carollo: We know that. It's been specified. Mr. Griffin: OK. Mayor Carollo: I'm saying... Mr. Griffin: The principals? Mayor Carollo: ... who are the people involved besides Charlie DeLucca? Mr. Griffin: OK. Well, it's his whole organization. Let me read you... Allan Schwartz... Let me read you who the principals are. Mayor Carollo: Well, if you could read the names for me so we could have it on the record, please. Mr. Griffin: OK. Charlie DeLucca, president; Allan Schwartz, vice president; Charles Pifer, II Stoiloff, vice president; Glenn Whittle, treasurer; Bill Stoiloff, secretary; Jay Miller, vice president of junior golf; John Berry, vice president of junior golf. And there are other board... Mayor Carollo: All right. Vice Mayor Gort: Also, Mr. Mayor, the... 175 July 25, 1996 Mayor Carollo: What... I'm sorry, go ahead. Vice Mayor Gort: The net proceeds of this, said tournament, are being utilized to benefit the City of Miami's Program for Persons with Disability. Mayor Carollo: Certainly. My only question that I have, I know we can't have this in Melreese, because it's under renovation, but why can't it be held at the Miami Springs Golf Course? Mr. Griffin: It's being labelled a Celebrity Classic, and obviously, we're trying to get, you know, those... The individuals to participate are high level people nationally known, and, you know, we're trying to get celebrities, so we're trying to provide the best... Mayor Carollo: So you're saying that our golf course in Miami Springs is not up to par. Say it straight, Commissioner Plummer: Well, how much are you asking from us? Mr. Griffin: No, they're not asking anything from us. And with this tournament, we... Mayor Carollo: I'm sure that Charlie DeLucca will do a fine job on this and... Commissioner Plummer: What do they want us to do? Mr. Griffin: Yes. We can, hopefully, triple the revenues coming into the program with this type of tournament. Mayor Carollo: Sure. Give him my regards and my... Commissioner Plummer: What do you want us to do? Why is it before... Unidentified Speaker: To sanction it. Commissioner Plummer: What? Mayor Carollo: Yeah, sanction, yeah. Mr. Griffin: To sanction it. See, obviously... Right, to be... Right, to be awarded. Because it's... You know, we went out... We went out for bids, from proposers. Mayor Carollo: Sure. Mr. Griffin: And that's... Charlie is the only one that bid. Mayor Carollo: Yeah. Charlie would do a fine job on this. Mr. Griffin: Yes, we think he will. Mayor Carollo: And give him my personal thanks. Mr. Griffin: Thank you. Mayor Carollo: All in favor, signify by saying "aye." 176 July 25, 1996 Commissioner Plummer: I guess. Mayor Carollo: Aye. You're having doubts on this one? Commissioner Plummer: No. I still don't know what we're doing. What are you asking us, thf Commission, to do? 3 Mr. Odio: To bless it. j Commissioner Plummer: To put a... "Nomine Patri, Spiritu Santos." Go away. Mr. Griffin: To put your blessing on it, yes, and let us execute an agreement with him to do jus that. Mayor Carollo: OK. Commissioner Plummer: Fine. Mr. Griffin: Thank you. ! Vice Mayor Gort: OK. I Commissioner Plummer: What... Wait, whoa, now. Mr. Griffin: Yes, to accept the proceeds from... Commissioner Plummer: You're asking us to do money? Mayor Carollo: No, there's no monies involved. Mr. Griffin: To accept the money that they're going to give us. Mayor Carollo: We're going to accept the money. Commissioner Plummer: Oh, oh. Thank you. Mr. Griffin: That they're going to give us from the tournament. Commissioner Plummer: You don't have to ask us that. Just send it. Mr. Griffin: OK. Thank you. Mayor Carollo: We'll even accept any of the monies left over from the Melreese renovations. Mr. Griffin: OK. Commissioner Plummer: We'll even take American Express. Mr. Griffin: Thank you. Take care. 177 July 25, 19r- I i i I The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-595 A RESOLUTION ACCEPTING THE PROPOSAL OF DADE AMATEUR GOLF ASSOCIATION, A FLORIDA, NOT -FOR -PROFIT CORPORATION, FOR THE PROMOTION, MANAGEMENT AN OPERATION OF THE CITY OF MIAMI'S 9TH ANNUAL CELEBRITY GOLF CLASSIC TOURNAMENT, NAMED THE "JOSE CANSECO CELEBRITY GOLF CLASSIC TOURNAMENT", TO BE HELD ON DECEMBER 6-7, 1996; FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID ORGANIZATION 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 73. APPROVE, IN PRINCIPLE, TO ALLOCATE $750,000 (23RD YEAR, COMMUNITY DEVELOPMENT BLOCK GRANT FUND [CDBG]) TO NEW ARENA SQUARE CORPORATION --FOR REHABILITATION OF UNITS IN OVERTOWN, SUBJECT TO FINAL APPROVAL BY COMMUNITY REDEVELOPMENT AGENCY. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Gort: The third pocket item that I have is... Commissioner Plummer: No, no, you only get two. Vice Mayor Gort: No, my understanding is we get three. Commissioner Plummer: Two. Vice Mayor Gort: Well, I'll give it to you, then. Commissioner Plummer: Thanks. Mayor Carollo: But you got four here though, right? Vice Mayor Gort: No. This is the third. 178 July 25, 1996 Mayor Carollo: OK. Commissioner Plummer: Don't you say a word. Every one of mine are yours. Vice Mayor Gort: This is the resolution reallocating, to the extent possible, the amount of one point two five... one million two hundred fifty thousand ($1,250,000) from funds previously allocated to the Knight Manor Project for 1996/97 Home Program, funding to New Arena Square Corporation for rehabilitation of 206 units in Overtown. Commissioner Dawkins: Mr. Mayor, Mr. Vice Mayor and fellow Commissioners, I got two problems with this. The first problem I got with it is, when did we decide not to do the Knight Manor Project? Commissioner Dawkins: When did we decide not to do that? Vice Mayor Gort: No. I said if it was possible, because if they're not... Commissioner Dawkins: Yeah, but... No, but see, if... Vice Mayor Gort: We haven't decided that, Commissioner. I'm sorry. Commissioner Dawkins: OK. But therefore, if we haven't decided not to do it, there's not a million and a quarter available. Vice Mayor Gort: OK. Sir, if that's not agreeable, the second could be the resolution allocating seven hundred and fifty in 1997, 1998 Home Program funding for the rehab. of 206 units... Commissioner Dawkins: That's new construction. That's new construction money. Vice Mayor Gort: ... in Overtown by New Arena Square Corporation. Commissioner Dawkins: That's new construction money. Vice Mayor Gort: OK. Further authorizing the City Manager to execute all the necessary agreements in a form acceptable to the City Attorney with New Arena Square Corporation for this purpose. Commissioner Dawkins: Mr. Vice Mayor, I would ask that this come before... This is in Overtown. Vice Mayor Gort: Yes, sir. Commissioner Dawkins: This should come before... Commissioner Plummer: CRA (Community Redevelopment Agency). Commissioner Dawkins: ... the CRA. And I would suggest that this be brought to the CRA. Vice Mayor Gort: OK. Let me ask you a question. And I understand, Commissioner Dawkins. My question... Mr. Cesar Odio (City Manager): May I... 179 July 25, 1996 Vice Mayor Gort: My understanding is, in order for these individuals to be able to put in an application for the tax figure, they need to have some kind of... Commissioner Dawkins: Then he isn't putting in for a tax figure if I got to give him a million dollars ($1,000,000). Vice Mayor Gort: I know, but for tax credit, in order for the application to be more enhanced, can we pass this, subject to the approval of the CRA? Commissioner Dawkins: But... Mr. Manager? Mr. Odio: I would suggest that we give... Commissioner Dawkins: Mr. Manager, no, no, no. Wait a minute. Wait a minute. How much has the City of Miami lost on this project already? Mr. Odio: On which one, sir? Commissioner Dawkins: On this New Arena. Mr. Odio: On the New Arena? Commissioner Dawkins: On the houses in that area. Mayor Carollo: I'm glad you clarified that. Mr. Odio: About eight hundred thousand ($800,000). Commissioner Dawkins: OK. Now, we've already lost eight hundred thousand ($800,000), a million dollars ($1,000,000). Mr. Odio: Close to a million dollars ($1,000,000), yes. Commissioner Dawkins: OK? And now, we're going to promise another million? No, I'm asking the Vice Mayor, because, see, I'm with the Vice Mayor, but I just don't see where the money is coming from. Vice Mayor Gort: My understanding, the total project is a ten million dollar ($10,000,000) project, and what he's going to take is 500 units and redevelop that whole area there. That area is south of the free zone. The developers are here, if you want to ask them the questions. Commissioner Dawkins: OK. No. The first time they started with this, they were going... Vice Mayor Gort: But this is a different developer. They both need default bonds. Commissioner Dawkins: Yeah. They were going to rehab these for private ownership. Now, we're rehabbing them for rental. And I just think that this should come before the CRA. Commissioner Plummer: Well, I've got some other questions. Is this the one that went into foreclosure? Commissioner Dawkins: Yes. Mr. Odio: Yes, that's the... 180 July 25, 1996 Commissioner Plummer: And it was taken back over by the bank? Mr. Odio: Yes, sir. That's the one in the... Commissioner Plummer: And why would we be spending money to upgrade for the bank? We've already lost our shirt in this thing. And what does it benefit us to assist a bank, in giving a bank money? I... Mr. Gort, I would like to know more about this, I really would. Vice Mayor Gort: OK. Commissioner Plummer: I don't understand. I really don't. Mayor Carollo: Well, the only thing that I've heard so far that stuck out to me is that if they don't get the OK from us now, subject to - subject to - being approved by the CRA, they will not be able to apply for the tax... Vice Mayor Gort: Tax credit application. Mayor Carollo: ... write-off application in time. So that would be the only concern that I have. Commissioner Plummer: Well, Joe, the only concern I have is that a bank is asking us for money. Vice Mayor Gort: Excuse me. Commissioner Plummer: It doesn't make sense to me. Vice Mayor Gort: Excuse me. It's not a bank. Commissioner Plummer: The bank is the one who foreclosed. Vice Mayor Gort: Mayor, if I may. Mayor Carollo: Yes. Vice Mayor Gort: I think the applicant, the individual is here, and he can explain a little bit more, if you don't mind. Commissioner Dawkins: Are you saying that all we're doing with this resolution... Mayor Carollo: Approving this, subject to. Commissioner Dawkins: ... is approving in principle, and that when the application is applied, it will say that it was approved in principle, and it has to go before the CRA Board and be finalized, or it's dead. Is that what we're saying? Mayor Carollo: Well, what I am saying, Miller, that I'm suggesting is, based upon what I've heard here, that we approve it, not in principle, approve it with the condition that the CRA Board has to approve it. If the board does not approve it... Commissioner Dawkins: Well, that's what I'm saying, approve it in principle. Mayor Carollo: Yeah. 181 July 25, 1996 Commissioner Dawkins: We can't approve it twice. Commissioner Plummer: What does... Excuse me, if I may. Commissioner Dawkins: Yes, sir. Commissioner Plummer: What does it benefit us, the City, to put more money in, after we've lost our shirt? Mayor Carollo: See, Commissioner Plummer, we could discuss that with more time then... Commissioner Plummer: Oh, OK. Mayor Carollo: ... and to get more information. That's what I'm saying. Commissioner Plummer: You want to discuss it later, but I just don't want to foreclose... Mayor Carollo: If we approve this now with the condition that... Commissioner Dawkins: In principle. Mr. Odio: But with the money coming from next year's CDBG (Community Development Block Grant) funding, and not taken away from any other project, because we have a contract with the Urban League and... Vice Mayor Gort: That's out, Mr. Manager. Mr. Odio: OK. Commissioner Plummer: Yeah, but I still don't understand. I'm sorry. When you lose millions of dollars - and I was told it was more than one million, all right? - why would we, when the bank now is the owner of the property, why would we go for another million -two? What does it benefit us? Mayor Carollo: Well, that's not quite the way that it is, as I understand it. Commissioner Plummer: OK. I'll wait till the CRA meeting. OK? Mr. Salomon Yuken: May I explain? Commissioner Plummer: Well, no, because we're approving it subject to... Vice Mayor Gort: You'll get a chance at the CRA meeting to explain all that. Mayor Carollo: Yeah. Mr. Yuken: OK. Commissioner Plummer: But you better come to talk to me, at least, prior to the CRA meeting, because I'm going to be... Mayor Carollo: Well, you need to come and talk to all of us... 182 July 25, 1996 i i 1 1 i Commissioner Plummer: Yeah. Mayor Carollo: ... before that meeting. Commissioner Plummer: And Mr. Manager, a simple - from you - memo saying what, if we do this, it benefits the City. i Vice Mayor Gort: You guys should have a staff... Mr. Odio: When I see it. Commissioner Plummer: Oh, you haven't seen it? Mr. Odio: Not yet. Commissioner Plummer: OK. i Mayor Carollo: Please understand that... Mr. Odio: I have recommended to them to go see Commissioner Dawkins to... I Mayor Carollo: ... you have to come before the CRA Board. Commissioner Plummer: OK. All right. All right. We'll have more discussion at the time. Mayor Carollo: There's a motion, there's a second. Hearing no objections, all in favor, signify by saying "aye." The Commission (Collectively): Aye. 183 July 25, 1996 The following resolution was introduced by Vice Mayor Gort, who moved its adoption: RESOLUTION NO. 96-596 A RESOLUTION APPROVING, IN PRINCIPLE, THE ALLOCATION OF $750,000 FROM 23RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE REHABILITATION OF 206 RENTAL UNITS IN THE OVERTOWN AREA BY NEW ARENA SQUARE CORPORATION, SUBJECT TO FINAL APPROVAL BY THE COMMUNITY REDEVELOPMENT AGENCY (CRA); AUTHORIZING THE CITY MANAGER, UPON APPROVAL BY THE CRA, TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH NEW ARENA SQUARE CORPORATION 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: OK. Now, Mr. Manager... Mr. Odio: One short one, Mr. Mayor. Mayor Carollo: What? You get pocket items? Mr. Odio: One. Commissioner Dawkins: Well, you just had J.L. Plummer do two or three for you. Mr. Odio: No, he... That's what he says. Commissioner Plummer: Give him hell. Miller, give him hell. Mr. Odio: No, this is all of yours, because you asked me to do... Commissioner Dawkins: All of mine? Mr. Odio: Of yours. You asked me to do this. 184 July 25, 1996 Mayor Carollo: OK. Let's hurry up, gentlemen. Let's hurry up. ---------------------------------------------------------------------------------------------------------------- 74. AUTHORIZE PURCHASE OF FORTY-EIGHT (48) FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TYPE III BARRICADES FOR STREET CLOSURE INSTALLATIONS IN MODEL CITY NEIGHBORHOOD ON A SIX MONTH TRIAL BASIS FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE FUNDS ($7,560.00). Mr. Cesar Odio (City Manager): It's a resolution authorizing the City Manager to purchase 48 Florida Department of Transportation (FDOT) Type 2 barricades - 3 barricades - in an amount not to exceed seventy-five hundred and sixty dollars ($7,560) for street closure installations in the Model City neighborhood, and allocating funds thereof. Mayor Carollo: OK. There's a... Commissioner Plummer: You said no. Miller said no. Mayor Carollo: You said no on that? Commissioner Plummer: Why are you doing it? Mr. Odio: Because I was told to plan the... put barricades up. Commissioner Plummer: No. Mayor Carollo: By whom? Commissioner Plummer: Who told that? Mr. Odio: You told me to put the barricades in that area. Commissioner Plummer: No, we did not. Mr. Odio: Yes, you did. Mr. Wally Lee (Assistant City Manager): Commissioner... Commissioner Dawkins: I'm the only one said no. Vice Mayor Gort: We passed it. Mr. Lee: Mr. Mayor? Commissioner Dawkins: I'm the only one who said no. Mr. Odio: And I'm not going to approve any more emergency things, so... Mayor Carollo: Well... 185 July 25, 1996 i Mr. Odio: That's why I'm here. Mayor Carollo: You're saying no, you said he was doing it for you, so... Mr. Odio: No. The... Mr. Lee: The Commission... Mr. Odio: The Commission told us to put barricades. Commissioner Dawkins: The Commission said put them up, and I said no, and it passed. Mr. Odio: Yes, sir, three/one. Commissioner Dawkins: Three/one. Commissioner Plummer: What do you want from me? Mr. Odio: I would suggest it's seventy-five hundred dollars ($7,500). We've done it... barricades all over the City - some people can afford it, some can't - that we go ahead and do it. Commissioner Plummer: All right, I tell you what, seventy-five hundred dollars ($7,500) on a six-month trial basis. Mr. Odio: Seventy-five hundred and sixty dollars ($7,560). Fine. Vice Mayor Gort: That's what we approved. Commissioner Plummer: How much? Mayor Carollo: Seven thousand five hundred and sixty dollars. Vice Mayor Gort: That's what we approved. Mr. Odio: And zero cents. Mayor Carollo: There's a motion by Plummer. There's a second by Vice Mayor Gort. Commissioner Plummer: Has anybody else got pockets? Unidentified Speaker: Yes. Commissioner Plummer: Who? Mayor Carollo: All in favor, signify by saying "aye." Commissioner Dawkins: No. Commissioner Plummer: Aye. Vice Mayor Gort: Aye. Mayor Carollo: Aye. 186 July 25, 1996 Mayor Carollo: It passes three to one. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-597 A RESOLUTION AUTHORIZING THE PURCHASE OF FORTY-EIGHT (48) FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TYPE III BARRICADES, TO BE INSTALLED ON CERTAIN STREETS TO RESTRICT VEHICULAR ACCESS IN THE MODEL CITY NEIGHBORHOOD; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 310501-840 FOR SAID PURCHASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: Commissioner Miller J. Dawkins ABSENT: None. Commissioner Plummer: Wait a minute, The Police Department... Mayor Carollo: No, no, no. Come on. Commissioner Dawkins: No, no, no. No more pockets. Commissioner Plummer: You don't want to do the Police Department? Commissioner Dawkins: No. No more pockets. Mayor Carollo: Well, no more pockets. We really had enough. You know, the Police Department has had their pocket items. They should have done it ahead of time. Commissioner Dawkins: That's right. Commissioner Plummer: OK. Hey, don't hurt my feelings. Where is... Mayor Carollo: This is where we get things snuck through that we don't know about. Commissioner Plummer: Hey, I don't care. Mayor Carollo: The regular Commission meeting is now adjourned, and we're now going to... 187 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 75. PRESENTATION OF GOING -AWAY CAKE TO JOANNE CAVANAUGH (HERALD REPORTER). Mayor Carollo: Before we begin the Planning and Zoning items, we're going to have a little going away cake for Joanne Cavanaugh. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:28 P.M. AND RECONVENED AT 5:02 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 76. (CONTINUED) --RECONSIDER PRIOR DEFERRAL -- ISSUE REQUEST FOR PROPOSALS FOR UNIFIED DEVELOPMENT PROJECT OF BOAT YARD AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES ON 6.6 ACRES LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY. Commissioner Plummer: Is it possible on item 3, which is Virginia Key, of a possible reconsideration, to at least get that part... Mayor Carollo: That will be fine. I will be happy to hear that brought back. Commissioner Plummer: OK. I would move at this time that a reconsideration be given on item 3. That's... If there's a second, then we'll... Mayor Carollo: There's a motion. There's a second by Commissioner Gort. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 96-598 A MOTION TO RECONSIDER PRIOR VOTE TO DEFER CONSIDERATION OF AGENDA ITEM 3 (PROPOSED ISSUANCE OF REQUEST FOR PROPOSALS FOR UNIFIED DEVELOPMENT PROJECT OF A BOAT YARD FACILITY AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES ON WATERFRONT PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY). 188 July 25, 1996 Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: Now, my motion would be that we proceed with the RFP (Request for Proposals), and at the same time, ask the City Manager, as he suggested today, a parallel RFP for the Marine Stadium and assessory uses that could be bid by one bidder on both, individually, or as combination. And I think that that would be what the Manager was trying to accomplish this morning. But we don't retard the procession of the Virginia Key. So I would do it either way. I would do it a single motion to proceed with the RFP on Virginia Key. And for the record, the 21 acres includes another facility part of that Virginia Key. Or... Mayor Carollo: I believe we would have to make two separate motions. Commissioner Plummer: All right. Fine. First motion is, is to proceed with that which was proffered on the agenda by the Manager. I so move. Mayor Carollo: There's a second by Vice Mayor Gort. Commissioner Dawkins: Under discussion. Mayor Carollo: Under discussion. Commissioner Plummer: Yes, sir. Commissioner Dawkins: With the deletion of the 21 acres, delete that from what was offered by the Manager this morning. Delete it. Commissioner Plummer: That was, for the record? Commissioner Dawkins: Twenty-one point six acres. Commissioner Plummer: That was not... Commissioner Dawkins: Twenty-one point four acres. Delete that from what we are passing. Ms. Christina Cuervo (Assistant City Manager: The option on Rickenbacker Causeway. That's the option. Commissioner Plummer: That would be deleted, and would only incorporate, as I understand it, that which is today considered to be Virginia Key Marina. OK? Commissioner Dawkins: That's it. Mayor Carollo: Any further discussion? 189 July 25, 1.996 a 1 I i i Commissioner Dawkins: That's it. Commissioner Plummer: On this motion, yes. Commissioner Dawkins: On this motion. j Mayor Carollo: On this motion, yeah. Commissioner Plummer: Yes, sir. Commissioner Dawkins: OK. All right. Mayor Carollo: OK. Hearing none... Commissioner Dawkins: No further discussion. Mayor Carollo: Hearing no further discussion, that is. i i Commissioner Plummer: Wait, wait, wait. I'm being told that that doesn't... Commissioner Dawkins: OK. You see, I vote... Commissioner Plummer: Why doesn't... Commissioner Dawkins: No, I with... No, I don't vote to reconsider. Because, see, if we're voting to reconsider, come to a conclusion. But if you're voting to reconsider to push this down my throat, I'm not going to go along with that. Commissioner Plummer: Is that Rickenbacker Marina? Ms. Cuervo: The intent... Commissioner Plummer: What is it the Manager wants to accomplish? Because it... What he... As I understand it, what he is trying to accomplish is not 21.6 acres. OK. And that's what Commissioner Dawkins wants deleted. What is it they're trying to... Spell out for the record, what is it? Mr. Jack Luft (Director, CPR Dept.): OK. What we're trying to... Ms. Cuervo: Go ahead. Mr. Luft: We have 300 dry racks on the Virginia Key Boatyard. Commissioner Plummer: All right. Mr. Luft: There are 300 racks on the Rickenbacker side. Commissioner Plummer: All right. Mr. Luft: And they are split down the middle by a fence. Commissioner Plummer: All right. 190 July 25, 19� Mr. Luft: There are two separate crews, two separate ramps. They will remain that way for 12 years until the Rickenbacker lease expires. Commissioner Plummer: All right. Mr. Luft: By allowing the proposer on the Virginia Key Boatyard to then pick up an option in 12 years, we can assure that those 600 racks will be put together and operated like a unified boatyard, which is the way it should have been done, but it hasn't. It's been separate since 1980. Commissioner Plummer: All right. So for Mr. Dawkins, and for our edification, what is the amount of acreage involved in this, which is the proposal before us on the agenda? Ms. Cuervo: You have 6.6 acres for this boatyard, and the option on the adjacent boatyard would have 21.448 acres. Commissioner Plummer: OK. That's not what we're voting on right now. OK. So this one is 6.6. Ms. Cuervo: Yes. Commissioner Dawkins: Period. Commissioner Plummer: Mr. Dawkins... Commissioner Dawkins: Period, amen, nothing else. Commissioner Plummer. At this time, is correct. Commissioner Dawkins: OK. Now, don't tell me about the six racks on one side of a fence and six racks on the other side of a fence, when, in reality, what you're trying to do is provide somebody a vehicle to purchase the six from somebody who owns the six and have a unity of title. That's what you're trying to do. Mr. Luft: No, sir. Commissioner Dawkins: OK? Yes, yes, yes. OK. See, but you won't say this. Mr. Luft: Well, that's not what we're trying to do. Commissioner Plummer: That's not my understanding. Commissioner Dawkins: OK. All right. OK. What is it that you're proposing, Commissioner Plummer? Commissioner Plummer: What I am proposing is that, basically, which is on the agenda, modified to be 6.6 acres. Commissioner Dawkins: Period. Commissioner Plummer: It does allow that if the successful bidder, in 12 years, wishes to incorporate the second parcel, he may do so or he may not. It only provides... Commissioner Dawkins: But then you're not putting the second, the 21 acres out for bid. See, I'm telling you, you're not being fair with me, J.L. 191 July 25, 1996 Mr. Luft: Commissioner, we're putting it out now. Commissioner Dawkins: No, I'm not talking to you. I'm talking to the Commissioner. Commissioner Plummer: Right. Commissioner Dawkins: OK now? I'm not talking to you. Mr. Plummer, you're not being fair with me. Commissioner Plummer: Well, it's my understanding... I'm giving it to you as... Commissioner Dawkins: See, you're telling me you're going to put the 6.6 out... Commissioner Plummer: Right. Commissioner Dawkins: ... and you're giving the guy who is the successful bidder on the 6.6 a 12-year option, to sit there and wait for 12 years... Commissioner Plummer: No. Commissioner Dawkins: That's what you're saying. Commissioner Plummer: No. Commissioner Dawkins: That's what you said. Commissioner Plummer: No. Let me try again. Commissioner Dawkins: OK. Commissioner Plummer: This that's going out in this RFP is 6.6 acres. If, in fact, the awardee is successful and wishes to pursue the additional racks that are over there for a period of... 12 years? Ms. Cuervo: Yeah, their lease ends in 12 years. Commissioner Plummer: At the end of... Ms. Cuervo: At the end of the 12th year. Commissioner Dawkins: But, you see, there again, either I'm not getting through to you or you're not getting through to me. I'm saying... Commissioner Plummer: All right. Commissioner Dawkins: OK. Commissioner Plummer: Let somebody else try. I tried. Commissioner Dawkins: I'll try. I'll try. Commissioner Plummer: All right. 192 July 25, 1996 Commissioner Dawkins: Let's pass an RFP` to develop 6.6 acres of land on Rickenbacker Causeway, period. That is my motion. Commissioner Plummer: All right. What is that... All right. Then you explain for me, how does that deviate... Vice Mayor Gort: Excuse me. For discussion, second. Commissioner Plummer: OK. How does that deviate from that which is on the agenda? Mr. Luft: OK. That would mean that at some point in the future, when that Rickenbacker lease expires, as the Commissioners desired, that will have to be a separate RFP, a separate bid process. There will be no assurance at that time that we could ever combine the boatyards, because it would be a separate proposal process. All we're trying to do is move up the bid process on the Rickenbacker so it's concurrent with this one, so that there can be one operator. Commissioner Dawkins: Well, you show me... May I, Mr. Plummer? Commissioner Plummer: Please. Commissioner Dawkins: Show me how you know that 12 years from today, it's going to be necessary to do what you're talking about. Mr. Luft: Because today and 12 years from now, it is less efficient, and will be, to run a 300 rack on one side and 300 on the other. Boatyard operators have consistently told us that a 300- rack yard is almost the minimum they can afford to run. Commissioner Dawkins: May I ask you another question? Mr. Luft: And the efficiencies and the profitability to the City is far greater to have a unified 600-rack operation. Commissioner Dawkins: May I ask you another question? Mr. Luft: Yes, sir. Commissioner Dawkins: What, in your professional thoughts, would be the difference in the value of waterfront property, 21 acres today, and the value of those 21 waterfront acres 12 years from today? What would you, just off the top of your head, what would be the difference in the value? Commissioner Plummer: Could be either way. Mr. Luft: Probably ten to 20 percent greater. It will require... Commissioner Dawkins: Twenty percent greater. So therefore, I am allowing an individual to acquire the option and the right to 12 acres of land at today's price, and he could do what he wants to... Mr. Luft: No, sir. Commissioner Dawkins: No. I will not vote to include... It has to be two separate... Mr. Luft: This requires an... 193 July 25, 1996 Commissioner Dawkins: It has to be two separate RFPs for my vote. Now, I... Hey, that's it. Commissioner Plummer: Well, you can't RFP the second one for another 12 years. Commissioner Dawkins: But you won't be here, I won't be here... Commissioner Plummer: The hell you say. Commissioner Dawkins: ... and who knows what the Commissioners who will be here 12 years from today will want to do. See, you're locking people in... because... Commissioner Plummer: OK. I was just trying to get a hedge. We don't meet in August. Commissioner Dawkins: I don't want to get ahead. I want to stay even. Mr. Luft: We do require an independent appraisal at such time as the option would be exercised. Commissioner Dawkins: Mr. Jack Luft, you... Commissioner Plummer: When you do reserve the right to throw them out. Commissioner Dawkins: No. Well, all right, then. I reserve the right to throw both of these out right now. Commissioner Plummer: Oh, you... absolutely. Commissioner Dawkins: All right. Throw them out. OK, that's it. And just start out. Commissioner Plummer: Jack, I tried. Commissioner Dawkins: All right. I move that we defer this, and just throw it out and don't bid it. Commissioner Plummer: I'm sorry, Mr. Mayor, for taking your time. I tried. Ms. Cuervo: Would you let... Mayor Carollo: Mr. Plummer, I believe Commissioner Dawkins stated originally that he was in favor of at least bringing one item up for an RFP. Now that everybody has let some steam out... Commissioner Plummer. I have no problem. Mayor Carollo: ... maybe we can go back and see what he originally offered. Commissioner Dawkins: That's all, yes, sir. I moved that we... Commissioner Plummer: You want to bring it up for just the 6.6? Commissioner Dawkins: That's right. Commissioner Dawkins: Y'all can talk to J.L. Plummer all you want. He only got... He has one vote. 194 July 25, 1996 Mayor Carollo: You will go ahead and make the RFP, and then bring it back to this Commission. Mr. Luft: Yes, sir. One suggestion. Of the 22 acres, only about four of them are the actual 300... Commissioner Dawkins: Jack Luft... Mr. Luft: ... 300 racks. Commissioner Dawkins: ... bring back an RFP for 6.6 acres, period. OK? Will you do that, sir? Mr. Luft: Yes, sir. Commissioner Dawkins: Thank you, sir. That's all we need. Mayor Carollo: There's a motion by Commissioner Dawkins, which is seconded by Commissioner Plummer. No further discussion. Everyone in favor, signify by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 96-599 A MOTION DIRECTING THE CITY MANAGER TO PREPARE A REQUEST FOR PROPOSALS (RFP) FOR THE DEVELOPMENT OF A BOAT YARD FACILITY AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES ON APPROXIMATELY 6.6 ACRES OF CITY - OWNED WATERFRONT PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA; FURTHER DIRECTING THE MANAGER TO BRING SAID RFP BACK FOR COMMISSION APPROVAL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort j Mayor Joe Carollo i NAYS: None. ABSENT: None. Mayor Carollo: Now, Commissioner Plummer? Commissioner Plummer: No. Hey, go. Mayor Carollo: Is there anything else I'm going to bring up on this matter? Commissioner Plummer: No, not at all. Commissioner Dawkins: OK. Thank you, sir. All right. 195 July 25, 1996 Mayor Carollo: OK. Commissioner Dawkins: All right. Let's go to the Zoning. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSED CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA, 196 July 25, 1996 MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of July, 1996, 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 5:13 p.m. by Mayor Joe Carrollo with the following members of the Commission found to be present: ALSO PRESENT: Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Christina Cuervo, , Assistant City Manager Joel E. Maxwell, Deputy City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk ---------------------------------------------------------------------------------------------------------------- 77. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF SPECIAL EXCEPTION FOR PROPERTY AT 2200 SOUTH DIXIE HIGHWAY TO ALLOW A FINANCIAL DRIVE - THROUGH FACILITY [applicant: TRI-W Investment Co. of Dade County (Owner) J./ P. O'Neill for Bank Atlantic (Buyer)]. Mayor Carollo: We're on PZ-1, special exception requiring City Commission approval at 2200 South Dixie Highway. Ms. Lucia Dougherty: Good afternoon, Mr. Mayor and members of the Commission. Lucia Dougherty with offices at 1221 Brickell Avenue, here today representing the owner of the property and applicant in PZ-1 and 2, and we would ask for a continuance of this item until September the 26th. Mayor Carollo: OK. I was going to suggest that you might want to consider that, Lucia. Commissioner Dawkins: So move. Commissioner Plummer: Second. 197 July 25, 1996 "\ Mayor Carollo: There's a motion and second to defer PZ-1 and 2. Hearing no objections, show a unanimous vote, Mr. Clerk. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, ITEMS PZ-1 AND PZ-2 WERE CONTINUED TO SEPTEMBER 26, 1996, BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 78. FIRST READING ORDINANCE: RESCIND ORDINANCE 11207 -- AMEND ORDINANCE 10544 TEXT -- MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, GOALS,OBJECTIVES AND POLICIES, INTERPRETATION OF FUTURE LAND USE PLAN MAP, SINGLE FAMILY, DUPLEX AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE PARAGRAPHS TO INCLUDE PROFESSIONAL OFFICES, TOURIST/GUEST HOMES, MUSEUMS / PRIVATE CLUBS / LODGES AMONG LAND USES PERMITTED IN DESIGNATED HISTORIC SITES / HISTORIC DISTRICTS WITHIN SAID SINGLE FAMILY, DUPLEX AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE CATEGORIES -- [Applicant: Community Planning & Revitalization.] Mayor Carollo: We're in PZ-3, request to amend Ordinance 10544 text. The applicants, the City of Miami Community Planning and Revitalization Department. Commissioner Dawkins: Staff recommends approval? Ms. Christina Cuervo (Assistant City Manager): Yes, sir. Mayor Carollo: That's correct. Commissioner Dawkins: I move staff's approval. Mayor Carollo: Moved by Dawkins, seconded by Gort. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Commissioner Plummer: Let me ask a question. Are you say... Mayor Carollo: Well... 198 July 25, 1996 Commissioner Plummer: Excuse me? Question. Are you... Mayor Carollo: Go ahead. We shouldn't, but go ahead. Commissioner Plummer: Are you talking about allowing, for example, private clubs in single- family homes? Ms. Sarah Eaton (Planner II, CPR Dept.): Private clubs would only be allowed through special exception, subject to Commission approval, and would only be allowed on properties with a minimum lot size of 15,000 square feet, and the hours would be restricted until eleven o'clock. So this Commission would have to approve every single application for a private club. Commissioner Plummer: In a single-family. Ms. Eaton: Anywhere. Ms. Cuervo: With a historic designation. Commissioner Plummer: And what about professional? All of those... Are you saying that every one of those classifications would require a special exception? Ms. Eaton: No, only the private clubs or lodges. Mayor Carollo: Now, they also would have to offer valet parking, right? Ms. Eaton: If they want to use valet parking, 75 percent of the required parking spaces could be handled through valet parking. Mayor Carollo: OK. If they wanted to use it. Ms. Eaton: If they wanted to. Mayor Carollo: Seventy-five percent of the requirement. OK. Commissioner Plummer: This is in first reading. Mayor Carollo: First reading. Commissioner Plummer: You know, I mean, is there a limitation? Does it spell out professional offices, the parking that's going to be... You know, I just... Really, a single-family residential... Ms. Eaton: We have applied the professional offices in several cases throughout the City very successfully. It's only allowed on properties that absolutely have to have another use in order to assure their preservation. Remember the Warner house in East Little Havana? Commissioner Plummer: Oh, very well, yeah. My concern is, we have had so many, in the past, complaints about people operating a business out of their house. Commissioner Dawkins: I agree with J.L. I withdraw my motion. Commissioner Plummer: OK? I've got a case... Commissioner Dawkins: I withdraw my move to approve. 199 July 25, 1996 Commissioner Plummer: I've got a case down by my house, and it's not historic, but let me tell you, my neighbors are... Commissioner Dawkins: I withdraw my motion. Commissioner Plummer: Well, I'd like to finish. My neighbors are beside themselves... Commissioner Dawkins: I withdraw my motion to approve. Commissioner Plummer: Does that mean I can't talk? Commissioner Dawkins: Yes. Commissioner Plummer: I'm going to miss you. Vice Mayor Gort: You going somewhere? Commissioner Plummer: So then we move to deny. Commissioner Dawkins: Well, yeah. Mayor Carollo: No, no, we can't do this. This has to do with the Marjorie Stoneman Douglas house, and Mariah Brown's houses. Commissioner Plummer: Joe, my major concern is in the single-family and the duplex. That's where I got a problem. Mayor Carollo: Well, but it does not have to do with that. What we... Ms. Eaton: I£ I may, Mr. Mayor? Mayor Carollo: If I may suggest the following. Vice Mayor Gort: It's first reading. It's first reading. Mayor Carollo: Let's approve it in the first reading, and let's, you know, meet with Commissioner Plummer before the second meeting. Commissioner Plummer: OK. Well, you don't have to meet with me. I have an objection to that kind of uses in single-family residential and duplexes. Ms. Eaton: The Commission would also have to approve applying the overlay to the particular property. Mayor Carollo: Of course. Commissioner Dawkins: Well, why bring it to me to be bothered with? I mean, if it's OK, then it's OK. If it's not OK, you're going to bring it back to me to OK. Mayor Carollo: Vice Mayor Gort. Commissioner Dawkins: OK. Whatever you're going to... whatever... Mayor Carollo: Vice Mayor Gort, would you make a motion on this? 200 July 25, 1996 Commissioner Dawkins: I'll abide by the will of the majority. Mayor Carollo: Would you make the motion on this, Vice Mayor Gort? Vice Mayor Gort: Move it. Mayor Carollo: Motion by Vice Mayor Gort. Second by Commissioner Dawkins. Commissioner Dawkins: If you say so. Mayor Carollo: Hearing no further objections, the ordinance has been read, Mr. Clerk, read the roll call. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT(S), RESCINDING ORDINANCE NO. 11207, ADOPTED DECEMBER 1, 1994, IN ITS ENTIRETY; AND AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, GOALS, OBJECTIVES AND POLICIES, INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE PARAGRAPHS TO INCLUDE PROFESSIONAL OFFICES, TOURIST AND GUEST HOMES, MUSEUMS, AND PRIVATE CLUBS OR LODGES AMONG THE LAND USES PERMITTED ONLY IN CONTRIBUTING STRUCTURES WITHIN DESIGNATED HISTORIC SITES OR HISTORIC DISTRICTS WITHIN SAID SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE CATEGORIES; INSTRUCTING TWOFOLD TRANSMISSIONS OF COPIES OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Gort, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to vote no to remind me about the second reading. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Carollo: Boy, we've had a lot of three/one votes today. 201 July 25, 1996 ------------------------------------- -------------------------------------------------------------------------- 79. FIRST READING ORDINANCE: AMEND ARTICLE 7, ORDINANCE 11000 (HP HISTORIC PRESERVATION OVERLAY DISTRICTS) --TO ZONING ORDINANCE OF THE CITY OF MIAMI -- AMENDING SECTION 704.1.4 (DEVIATIONS CONCERNING OFFSTREET PARKING) --TO ALLOW VALET PARKING FOR PRIVATE CLUBS / LODGES --ADD SECTION 704.2.4--TO REQUIRE EXCEPTION FOR PRIVATE CLUBS / LODGES -- ADD NEW SUBSECTION IN SUCH DISTRICT 704.3(4)--TO SET MINIMUM LOT SIZE AND HOURS OF OPERATION FOR PRIVATE CLUBS / LODGES -- [Applicant: Community Planning & Revitalization). ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: PZ-4 is really relating to some of the same items. Ms. Christina Cuervo (Assistant City Manager): PZ-4 is the... Ms. Sarah Eaton (Planner II, CPR Dept.): The companion item. Mayor Carollo: Yeah, they're companion items. Three, 4, 5 and 6 actually are. PZ-4, Vice Mayor Gort makes the motion to approve. Commissioner Dawkins seconds it. Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SARTICLE 7. HP HISTORIC PRESERVATION OVERLAY DISTRICTS": UBSECTION 704.1.4, "DEVIATIONS CONCERNING OFF-STREET PARKING," TO ALLOW VALET PARKING FOR PRIVATE CLUBS OR LODGES; BY PROVIDING A NEW SUBSECTION 704.2.4 TO REQUIRE A SPECIAL EXCEPTION FOR PRIVATE CLUBS OR LODGES, AND A NEW SUBSECTION 704.3(4) SETTING MINIMUM LOT SIZE AND HOURS OF OPERATION FOR PRIVATE CLUBS OR LODGES IN SUCH DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 202 July 25, 1996 was introduced by Vice Mayor Gort, seconded by Commissioner Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 80. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TO R-1 SINGLE-FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS TO CHANGE ZONING ATLAS AT 3298 CHARLES AVENUE, MARIAH BROWN HOUSE -- [Applicant: Community Planning & Revitalization]. Mayor Carollo: PZ-5. Vice Mayor Gort... Vice Mayor Gort: Move it. Mayor Carollo: ... moves. Commissioner Dawkins seconds it. Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS BY CHANGING THE ZONING CLASSIFICATIONS FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS FOR THE PROPERTY LOCATED AT APPROXIMATELY 3298 CHARLES AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING ALL THE NECESSARY CHANGES ON PAGE 46 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 203 July 25, 1996 r.1 was introduced by Vice Mayor Gort, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Vice Mayor Gort: Now, my understanding is this will have to come in front of us again to approve the district itself and... Mayor Carollo: Second reading. Vice Mayor Gort: No, I know, second reading it has to come back. And if even on second reading it passes, it has to come back to us every time to... for the overlay districts and so on. Ms. Eaton: Each overlay district has to come to you originally. Vice Mayor Gort: Right, right. OK. Yes. Mayor Carollo: Not only that, but the... Ms. Eaton: This is the overlay. This is applying it. Mayor Carollo: Not only that, but the Historic Preservation Environmental Board will have to approve it to have a full implementation of it. Commissioner Dawkins: Mr. Mayor, a point of information, please. When are we going to select, appoint, or elect another Commissioner? Because you are using me and Gort to death. We need another Commissioner up here to second some of this. Mayor Carollo: We will deal with this. It's the last item on the agenda today. Commissioner Dawkins: OK. Thank you, sir. Commissioner Plummer: Yes. (LAUGHTER) Commissioner Plummer: No, this one I vote yes on. Mayor Carollo: It's part of the others. Commissioner Plummer: No, it's not. This one applies to an actually given physical location. 204 July 25, 1996 Mayor Carollo: OK. It's all part of the same thing. Commissioner Plummer: I'm sorry you all don't understand that, but I'll teach you if you stick around. Mayor Carollo: OK. All right. All right. We understood the first four but... PZ-6. Commissioner Plummer: Stick around. ---------------------------------------------------------------------------------------------------------------- 81. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TO R-1 SINGLE-FAMILY RESIDENTIAL, SD-18 MINIMUM LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, TO CHANGE ZONING ATLAS AT 3744-3754 STEWART AVENUE, MARJORIE STONEMAN DOUGLAS HOUSE-- [Applciant: Community Planning & Revitalization]. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: PZ-6. Gort makes the motion. Commissioner Plummer: I'll move it. Mayor Carollo: See how quick he learns, comes around? Plummer makes the motion. Dawkins seconds it. Call the roll, please. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT, AMENDING THE ZONING ATLAS BY CHANGING THE ZONING CLASSIFICATIONS FROM R-1 SINGLE-FAMILY RESIDENTIAL AND SD-18 MINIMUM LOT OVERLAY DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL, SD-18 MINIMUM LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, RESPECTIVELY, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3744-3754 STEWARD AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING ALL THE NECESSARY CHANGES ON PAGE 48 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 205 July 25, 1996 was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------- 82. GRANT APPEAL OF DESIGN BY HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO DENY CERTIFICATE OF APPROPRIATNESS FOR CONSTRUCTION OF 4' FENCE AND 5' HEDGE AT 759 NE 57TH AVENUE -- [Applicant: Steven Polakoff and Micahel Carver]. Mayor Carollo: We're on item PZ-7. The request is the appeal of the Historic and Environmental Preservation Board decision. The location is 759 Northeast 57th Street, and the applicants are Steven Polakoff and Michael Carver. Lucia, do you want to have this heard without a full board? Commissioner Plummer: Roll the dice. Ms. Lucia Dougherty: OK. Commissioner Plummer: No. I'm saying... Heads or tails. Mayor Carollo: OK. It's your decision. Ms. Dougherty: I'd like to at least... I'm going to make a very, very short presentation, Mr.... I mean Mr. Mayor. And at that point, I'd like to see where the will of the Commission is, and, you know, if you want to continue it at that time, but my presentation would be very, very... Mayor Carollo: Lucia, let me be honest with you. Either defer it now or don't defer it. But if you're going to go halfway to see how we stand, and then pull back... Commissioner Plummer: No straw votes. Mayor Carollo: You know, we got too many items on the agenda. We need to either hear it fully or defer it. Commissioner Plummer: We'll see you in September. Ms. Dougherty: Mr. Mayor, we'd like to make our presentation today. 206 July 25, 1996 Mayor Carollo: Very good. Ms. Dougherty: Thank you. Mayor Carollo: Proceed, please. Ms. Dougherty: I think that the Planning staff would like to make its presentation and make its recommendation at this time. Ms. Sarah Eaton (Planner I1, CPR Dept.): Mr. Mayor and members of the Commission, I'd like to give you a little bit of background on this item, since a similar item has been before the Commission before, just to refresh your memory, and since the Mayor was not on the Commission at that time. In 1994, the owners of the property applied for a Certificate of Appropriateness to construct a wall and fence on part of their property. This is the line that's shown on the map as the yellow line, and you also have a map in front of you. The Historic and Environmental Preservation Board authorized a Certificate of Appropriateness, but required that the wall be set back a greater distance from 57th Street. That is the line that's shown as green on the map. The owners and the neighbors both appealed the HEP (Historic and Environmental Preservation) Board's decision to the City Commission. The Commission denied the appeal of the property owners, and upheld the appeal of the neighbors. The Commission at that time also acknowledged that the owners could come back to the HEP Board with a revised application, and did not preclude the opportunity of constructing a fence at all. The item... Well, the Commission's decision was then appealed to the Circuit Court, and then to the Third District Court of Appeals. The item has since been remanded back to the Historic and Environmental Preservation Board. While the appeal was still pending, the property owners applied for a brand new Certificate of Appropriateness before the Historic and Environmental Preservation Board. In this case, they were seeking to construct a fence and a hedge, and that particular location is shown on the map as the blue line. This application included no fence, or wall, or hedge, whatsoever, across the end of 57th Street. The Historic and Environmental Preservation Board denied this application, and this is what the property owners are now appealing to the City Commission. Staff believes that this current application represents an excellent compromise between the applicant's earlier proposal and the desire of the neighbors to preserve the view corridor to Biscayne Bay. One of the neighbors' primary objections to the original application was that the wrought iron fence at the end of 57th Street blocked the view of the bay. The present application leaves this area completely open, yet it provides an adequate fenced area in what is, for all practical purposes, the neighbor's... the property owner's back yard. The Historic and Environmental Preservation Board denied the owner's application because it does not comply with the Board's guidelines for walls and fences. This action was taken, despite the fact that the board's same guidelines clearly allow exceptions, if the proposal is historically appropriate, or if unique circumstances can be demonstrated. This application meets the criteria for unique circumstances, and is very similar to an application for a wall on 57th Street, for which the board had previously granted an exception to its guidelines. Staff believes that strict compliance with the board's guidelines would adversely affect the architectural and aesthetic character of the house and its relationship to Biscayne Bay. One of the primary facades of the house is the bayfront elevation, and this elevation is characterized by a very symmetrical composition, and this would be enhanced by the proposed location of the fence and hedge. The proposed hedge is sited so as to be the same distance from the house as the hedges along the north property line, thus framing the house from Biscayne Bay. There are many similarities between this application and the one for the Cushman (phonetic) house on 57th Street. Both of these properties represent two of the most significant houses in Morningside, both have a high degree of architectural and historic significance, and both are located on comer lots, with an additional vacant lot next door. In 1992, the board made an exception to its guidelines and approved an application for a wall on the lot next door to the Cushman house. This wall, which was proposed to be located between the house and the sidewalk was approved in order to 207 July 25, 1996 preserve historic ponds. Although the board could have required that the wall be set back behind the ponds, the board felt that this would deprive the owner of the use and enjoyment of too much of his property. The same reasoning would justify an exception to the guidelines for the subject application. Placing the fence in the location proposed by the applicant would preserve the historic symmetry of the bayfront elevation, yet would not unreasonably restrict the owner's use of the property. In fact, the proposed location of the fence and hedge in this application would have even less of an impact on historic features and views than the wall at the Cushman house. By making an exception to the guidelines for the Cushman house, the board preserved the ponds, but allowed them to be concealed from public view, thus depriving the neighborhood of the enjoyment of these features of historic significance. In this application, the proposed location of the fence and hedge leaves open to public view all features and views of historic significance. Both the house itself, and the vista from Northeast 57th Street toward Biscayne Bay would remain unobstructed. Therefore, staff recommends that the City Commission grant the appeal of the property owners and reverse the decision of the Historic and Environmental Preservation Board. Thank you. Commissioner Plummer: Isn't that a first? Ms. Eaton: We made a similar recommendation in the previous application on this property. Commissioner Plummer: I don't ever remember the department recommending an appeal to be override... It's got to be a first. Ms. Eaton: And we... The similar thing was done on Miracle Center, as well. There have been a few. Ms. Dougherty: Mr. Mayor and members of the Commission... Mayor Carollo: Do we... Ms. Dougherty: Sorry. Mayor Carollo: Do we need her to be sworn in? Mr. Walter Foeman (City Clerk): Yes, Mr. Mayor. Mayor Carollo: Lucia, would you raise your right hand. Commissioner Dawkins: Wait a minute, Mr. Mayor. There may be some citizens who wish to be heard, so they should be sworn in. Mayor Carollo: Well, of course they can but... Commissioner Dawkins: He can do everybody at one time. Mayor Carollo: Well, she still has to be sworn in, Mr. Clerk. Commissioner Plummer: They usually swear in everybody that's going to be heard. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Dougherty: Thank you, Mr. Mayor and members of the Commission. Lucia Dougherty, 1221 Brickell Avenue, here today representing Steve Polakoff and Michael Carver, who are the 208 July 25, 1996 owners of the subject property. I want... I would like - Francisco, if you could point out - that this is, in fact, two separate platted lots that are in question, both owned by my client. One lot is... you can see that they're pointing out. And the second lot is the one that is the boathouse lot, for lack of a better way to describe it. That is a separate platted lot. This application has nothing to do with the boathouse lot. We are not asking to fence in the boathouse lot. We're not asking for any kind of hedge, or any kind of building on the boathouse lot. We are simply asking to enclose our own back yard with a hedge that covers the fence. That's all we're asking to do. The question is... Francisco, if you could point, draw a pencil right down that line where the Historic Preservation Board believes it ought to go, the fence. Where the Historic... Oh, excuse me. Where the... Ms. Eaton: They wouldn't... They denied the application entirely. Ms. Dougherty: Either one. OK. But the one that would follow the Historic Preservation guidelines in total would be where? Commissioner Plummer: Excuse me, Lucia. Ms. Dougherty: Yes, sir. Commissioner Plummer: Are you not... Aren't you in the same vein with what she is recommending? Ms. Dougherty: Absolutely. Commissioner Plummer: Well, what are we arguing about? Is there somebody here in... You're in opposition. Oh, OK. Ms. Dougherty: We do have some folks who are still opposed to this application. I have been actually talking to them, and my understanding is, their biggest concern is still the boathouse lot, and what happens in that lot sometime in the future. I will stipulate on the record that nothing today would in any way hurt or diminish their opportunity or waive their opportunity to object to anything in the future that we may propose on the boathouse lot. We are not asking for anything on the boathouse lot at this time. We are simply seeking a methodology of enclosing our back yard. Right now, it is totally open. You can drive down 57th Street, look straight into the back yard where they have a swimming pool at the present time, not enclosed by anything, not a fence, not a hedge, nothing. And so we're asking for simply a methodology of enclosing and privatizing our own back yard. I have asked Bernard Seskovich (phonetic), who, interestingly enough today, in the "Miami, Our Century" is quoted, and they say every City has a story to tell, and they say Bernard Seskovich, a noted urban planner and historic preservation activist... I'd like him to describe for you whether or not having the fence where the Historic Preservation Board believes it ought to be would, in any way, hurt the symmetry and the aesthetics of the existing house, and where... and also, to describe whether or not putting the fence where we have, or the hedge where we have asked for it, in any way hurts the neighborhood. And I would ask for him to also put his qualifications in the record. Commissioner Plummer: Swear him in. Mr. Joel Maxwell (Deputy City Attorney): He needs to be sworn in. Mr. Bernard Seskovich: Mr. Mayor and. Commissioners... Vice Mayor Gort: Excuse me. At this time, I think we need to testify, everybody that's going to speak, so anyone who wants to speak, would you please stand to be sworn in. 209 July 25, 1996 AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Mayor Gort: Now, let me ask you a question for the sake of the time, and we might be able to save some time here. My understanding is the neighborhood's biggest opposition is the so- called... that the end of the cul-de-sac, that it would block the bay view. What you're proposing in front of us today is they want to close their house. Have you talked to the neighbors, and what's their opposition to this item? Ms. Dougherty: I have talked to the neighbors, and I think what they would say to you - and they have to speak for themselves - is what's going to happen in the future? Vice Mayor Gort: OK. Ms. Dougherty: And we don't have anything that is proposed for the future of the boathouse lot at this time. Commissioner Dawkins: But you see, the key, what you're confusing, and you are not getting people to go along with you, is that last phrase, "in the future." Ms. Dougherty: Yes. Commissioner Dawkins: See? And that's where... And I think, now, that's where we're losing people. Ms. Dougherty: Well... Commissioner Dawkins: If you'd say, "We do not intend to do anything with the boat lot, period," then we got no opposition. Ms. Dougherty: Yes, that's true. Commissioner Dawkins: But when you say, "in the future," if I were there, I would be... have a little hesitation, also. Ms. Dougherty: But Mr. Commissioner, that lot is a total, separate, platted lot. Commissioner Dawkins: Lucia, how long have you and I been going through this? Ms. Dougherty: Since 1985. Commissioner Dawkins: OK? Four or five years, OK? And if one phrase that says, "We do not intend to do anything with that lot" can get us off the dime and get the neighbors to say, "Run the wall into the Atlantic Ocean, we couldn't care less," then let's do that. But you are... I don't think, now, we're going to get any... Ms. Dougherty: Mr. Commissioner, we have no present... Commissioner Dawkins: We aren't going to get any agreement from the neighbors with that statement, presently. Ms. Dougherty: You... I totally agree with you. They aren't going to agree. 210 July 25, 1996 Commissioner Dawkins: OK. See, now, I am ready to vote. OK? But I'm only ready to vote if you say, "We aren't going to do anything, period." Ms. Dougherty: Mr. Commissioner, my clients... Commissioner Dawkins: OK, mm-hmm. Ms. Dougherty: Now, listen, please. Commissioner Dawkins: Mm-hmm. Ms. Dougherty: My clients have designed a garden folly, a boathouse, a cabana for that lot, none of which is something that they are intending to do any time in the future. So right now, there is no present intention to do anything. But you've got to understand that it is unfair for you to ask us to burden with a covenant, for example, that we will never do anything on that property. You might as well buy it, yourselves, if you're saying to us, we can never use our property. Commissioner Dawkins: OK. Then, by your saying to the neighbors that they may as well buy it, they're saying, "You may as well take your wall." You see, here, we have to come to a common agreement. I am ready to vote because I am tired of the these owners not having privacy. Ms. Dougherty: Yes, sir. Commissioner Dawkins: OK? I am ready for them to have privacy. I... Like you said, since I talked with them, I rode by there, and it is... I mean, people can walk in or out, and I would be afraid to get in the pool. But if we allow them to put the wall and a hedge to... And I say a hedge, and I don't live over there, but I say a hedge and a... a wall, or a hedge and a chain link fence, because you got to have something to hide the fence, and you can't put the hedge, because people will walk through the hedge, and they won't have the privacy. Commissioner Plummer: Can I offer a compromise? Commissioner Dawkins: Yes, sir, please. Commissioner Plummer: Can I offer a compromise that would say possibly approve the fence as listed, but that anything else that goes on the property would have to come before this Commission before approval? Ms. Dougherty: Absolutely. Commissioner Plummer: No, no, anything. Ms. Dougherty: Absolutely. Commissioner Plummer: In other words, we give them the fence, we allow it to be there, but they cannot do anything else on that property until it comes back, and has to be approved by this Commission. Ms. Dougherty: No question. Commissioner Dawkins: I'll accept that as a friendly amend - I mean as an offer - if you say that for anything that goes there, the neighbors have to bring it. 211 July 25, 1996 Commissioner Plummer: No. Anything at all that were to go onto that property would have to come before this Commission for approval. Ms. Dougherty: Right now, it has to already go to the HEP Board, and I stipulate that it has to come here. Commissioner Dawkins: No, see, not the HEP Board. J.L. is saying the Commission Board. Ms. Dougherty: Absolutely. I stipulate we will come here. Commissioner Plummer: I'm saying the Commission. Ms. Dougherty: Absolutely. Mayor Carollo: We can't do that legally, J.L. Commissioner Plummer: We can. Ms. Dougherty: I will stipulate to it. Mayor Carollo: No, we cannot. We cannot tell.. Commissioner Plummer: They can agree to it. We can't force them to do it. Mayor Carollo: Well that... Ms. Dougherty: Absolutely. As a condition of this permit, you can require us to do that. Mayor Carollo: That is correct, if they would volunteer it... Ms. Dougherty: Yes, I agree. Mayor Carollo: ... is one thing. But we can't force them to. Commissioner Dawkins: Well, that's what J.L. is saying, be forced to volunteer. Ms. Dougherty: I volunteer. I volunteer it. Commissioner Plummer: So, there we are. They volunteer it, and they'll surrender a volunteer covenant to allow them to put up this... whatever they want, this fence. Mayor Carollo: But Lucia, I want to get the applicants, the owners on the record that they are volunteering this under no duress, whatsoever, from this Commission. Commissioner Plummer: They have to sign the covenant. Commissioner Dawkins: But before we go through all this, is there one spokesperson from the neighbors who'll get up and say they agree with us? Because if not, we're going through this for nothing. What do you say, Mr.... Mayor Carollo: Can you swear these people in, Mr. Clerk. Commissioner Dawkins: They've been sworn in, Mr. Mayor. They've been sworn in. 212 July 25, 1996 Mayor Carollo: Yeah, but you have someone else back here that's going to come us in a minute. Commissioner Dawkins: He swore them all in when you asked. Mayor Carollo: OK, great. All right. That's fine. Ms. Dougherty: Have you been sworn in? Mr. Steven Polakoff: No, it's... Commissioner Dawkins: Well, he wasn't sworn in. Mr. Polakoff: I was not sworn in. Mayor Carollo: Right, he was not. Commissioner Dawkins: Yes, sir, he wasn't sworn in, sir. Mayor Carollo: OK. Can you swear him in? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Carollo: Can you state your name and address for the record, please? Mr. Polakoff: Yes. Steven Polakoff, 5701 North Bayshore Drive, also known as 759 Northeast 57th Street. And... What am I exactly stating? Ms. Dougherty: Do you agree, and do you stipulate as a condition of this permit, that any future development, anything - whether fence, wall, hedge, anything on the boathouse lot - would have to come not only to whatever board it has to originally come to, but also the City Commission, for approval? Mr. Polakoff: I do. Commissioner Plummer: And that is... And you're doing this voluntarily? Mr. Polakoff: And I'm doing this voluntarily. Mr. Maxwell: Totally without any duress from the City Commission, whatsoever. Ms. Dougherty: Amen. Mr. Polakoff: No duress is no duress. Mr. Maxwell: Thank you. Commissioner Plummer: Oh, boy, life is not getting any simpler. Mr. Jesse Diner: No, no, I'm not necessarily causing you a problem, Mr. Plummer. Mayor Carollo: If I could have your name and address for the record, sir. 213 July 25, 1996 Mr. Diner: Certainly, Mr. Mayor. Jesse Diner, 644 Northeast 57th Street. I live a few houses away on the south side of 57th Street. I'm an attorney, and I'm also here on behalf of a number of people in the neighborhood. One of the things I'm concerned about is that the Cushman house that Ms. Eaton talked about, the exception that they gave, those ponds that she talks about preserving are gone. They were pulled out, and this City has never done anything to enforce it, not one thing. And I can live with what you're proposing, Mr. Plummer, if I can be sure that we're not going to face anything that's going to come only before the preservation officer, who has been consistently in favor of things, even though her board has voted against it on this, as it relates to this property, so that she can make an administrative determination to allow something on that Block F. Block F is the boathouse lot that they're talking about. Commissioner Plummer: Sir, I don't think we could be any plainer. Mr. Diner: I think you're right, but I want to be sure. Commissioner Plummer: And I think that if, in fact, that would have occurred, that you could come back as a public appearance before this Commission and remind us of what we did here today, and we would tell Ms. Eaton to go do what was agreed upon. Mr. Diner: Then based upon that... Commissioner Plummer: Excuse me. We'd tell the Manager to tell her. Mr. Diner: Based upon that, I certainly understand that they have a right to privacy, and they want to enclose the property for protection and security, and I have no problem with that, as long as anything else has to come before the proper board and this Commission. Commissioner Plummer: And that is at such time, subject to their volunteer covenant, I move item number 8. Mr. Foeman: PZ-7. Mr. Maxwell: Because this is an appeal, Mr. Mayor, could we... Commissioner Plummer: Seven, 7. Mr. Maxwell: Because this is a resolution on an appeal, could we also stipulate that the... Commissioner Plummer: No, no, no. This is... Yes, it is 7. Mr. Maxwell: Yes. ... that the covenant be submitted to the City Attorney's Office within a stipulated period of time? Commissioner Plummer: Subject to. Mr. Maxwell: Seven days? Mayor Carollo: Seven days, subject to seven days. Is that all right with you, Lucia? Can you do it in seven days? Commissioner Plummer: Well, I mean, what's the rush? They can't do anything with the fence or the wall without giving the covenant. 214 July 25, 1996 Ms. Dougherty: I think that's right. The problem is, we have to get mortgagees to sign. We have to... title, opinion and all that good stuff. Mayor Carollo: Well, that's why I'm saying, can you do it in seven days? Ms. Dougherty: No. Commissioner Dawkins: Say what now? Ms. Dougherty: Probably in 30 days. Mr. Maxwell: Thirty days? Mayor Carollo: Thirty days. Thirty days would be fine. There's a motion, there's a second. Any further requests or discussion from any members of the Commission? Commissioner Plummer: Read the ordinance. Mayor Carollo: Hearing none, can you call the roll, Mr. Clerk? The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 96-600 A RESOLUTION GRANTING THE APPEAL OF STEVEN POLAKOFF AND MICHAEL CARVER AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A 4' FENCE AND 5' HEDGE RUNNING SOUTH AND EAST FROM THE SOUTHEAST CORNER OF THE HOUSE, FOR THE PROPERTY LOCATED AT 759 NORTHEAST 57TH STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 215 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 83. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 ARTICLE 6, SECTION 609, AT SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO MODIFY AND INTRODUCE REGULATORY MEASURES APPLICABLE TO CLINICS (MEDICAL AND DENTAL) WITHIN THE DISTRICT -- [Applicant: Community Planning & Revitalization]. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: PZ-8. A request to amend Ordinance number 1100 - 11000, actually - text, location SD-9 Biscayne Boulevard North Overlay District. The applicant, again, is the City of Miami Community Planning and Revitalization Department. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Thank you. For the record, my name is Lourdes Slazyk. This is a second reading ordinance. It was approved by the Commission and recommended by the PAB (Planning Advisory Board.) Vice Mayor Gort: Move it. Commissioner Plummer: Hold it. Second for discussion. Mayor Carollo: It's been moved by Vice Mayor Gort, seconded by Commissioner Plummer. Discussion. Mr. Joel Maxwell (Deputy City Attorney): An ordinance amending the Zoning Ordinance... Commissioner Plummer: Under discussion. What kind of clinics? Ms. Slazyk: These are... Commissioner Plummer: We're not talking about drug clinics? Ms. Slazyk: No, no. Health and medical, as defined in the ordinance. So it's any medical or dental office and clinic, as long as the square footage stays small. That's what they want in here. Vice Mayor Gort: To provide basic services. Commissioner Dawkins: OK. Why are we... I'm sorry. May I, Mr. Mayor? Mayor Carollo: Yes, of course. Commissioner Dawkins: Why are we going back to change what we already voted? Ms. Lucia Dougherty: Thank you. Commissioner Dawkins: We once voted that this would not be allowed. Why are we changing now? Ms. Slazyk: Because the definition for clinic included the medical and dental offices, and that's something the neighborhood is not opposed to. So rather than trying to distinguish what's the difference between a clinic and an office, the neighborhood decided what they wanted was the small dental and medical offices. By limiting it to square footage, the big regional offices and medical clinics would not come into the area. 216 July 25, 1996 Mayor Carollo: This is second reading. Ms. Slazyk: Yes. Commissioner Dawkins: OK. Thank you. Thank you. Mayor Carollo: It was passed on June 27, 1996. Moved by Plummer, seconded by Dawkins. Commissioner Plummer: So proceed. Mayor Carollo: OK. Moved by Plummer again, seconded by Dawkins again. Commissioner Plummer: Fine. Mayor Carollo: Hearing no further discussion, can you poll, or rather, can you read the ordinance? Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT," TO MODIFY REGULATIONS PERTAINING TO "CLINICS, MEDICAL AND DENTAL"; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 Dawkins, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11385. 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. 217 July 25, 1996 ------------------------------ ------- ----------------------------------------------------- ---------------------- 84. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 15 TO INTRODUCE SECTION (CLASS 11 SPECIAL PERMIT REQUIRED FOR WAIVER OF DESIGN STANDARDS AND GUIDELINES) -- APPLICANT: COMMUNITY PLANNING & REVITALIZATION. Mayor Carollo: PZ-9 is a companion item. Commissioner Dawkins: Move it. Commissioner Plummer: Second. Mayor Carollo: There's a motion, there's a second. Hearing no further discussion, read the ordinance, please. Call the roll, please. An Ordinance entitled - AN ORDINANCE (Pending the Law Department.) 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 Dawkins, 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 Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11386. 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. 218 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 85. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 15, SECTION 1501, 1502, AND 1503 TO MODIFY REQUIREMENTS FOR CLASS II SPECIAL PERMITS PERTAINING TO NOTICE / REFERRALS / TIME LIMITATIONS -- [Application Community Planning & Revitalization]. ---------------------------------------------------------------------------------------------------------------- Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-10 is also a... related to class two. Commissioner Plummer: Move it. Mayor Carollo: OK. There's a motion, there's a second. No further discussion, read the ordinance. Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 15, SECTIONS 1501, 1502 AND 1503, TO MODIFY THE DETAILED REQUIREMENTS FOR CLASS 11 SPECIAL PERMITS PERTAINING TO NOTICE, REFERRALS AND TIME LIMITATIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11387. 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. 219 July 25, 1996 ---------------------------------------------------------------------------------------------------------------- 86. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, ARTICLE 6, SECTION 620, (SD-20 EDGEWATER OVERLAY DISTRICT) -- ADD GROUND FLOOR OFFICE USES AS CONDITIONAL PRINCIPAL USE OF HIGH DENSITY RESIDENTIAL PROJECTS BY CLASS II SPECIAL PERMIT --PROVIDE NEW PARKING REQUIREMENTS AT SD-20 EDGEWATER OVERLAY DISTRICT -- [applicant: Community Planning & Revitalization) -- DIRECT ADMINISTRATION TO MEET WITH JANET COOPER BEFORE ITEM RETURNS FOR SECOND READING --FURTHER INSTRUCT ADMINISTRATION TO INFORM COMMISSION OF ANY FINAL CHANGES MADE TO SAID ORDINANCE. Mayor Carollo: Janet, do you want to speak on any item here? Ms. Janet Cooper: Eleven. Mayor Carollo: Eleven, OK. We're on PZ... Ms. Cooper: You're on 10. I'm just getting ready. Mayor Carollo: Well, we just got done with 10. We're on PZ-11 now. Ms. Cooper: OK. Mayor Carollo: This is an ordinance to... a request to amend Ordinance 11000 text, first reading ordinance, location is the SD-20 Edgewater Overlay District. Applicant is the City of Miami Community Planning and Revitalization Department. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Yes. This was continued from the last meeting. I'll let Ms. Cooper speak, because we had a meeting, and I made a change, based on what came to the last meeting, to add a requirement that offices within high density residential buildings only be on major arterial roads. And we found later that there was a problem, because there were no major arterial roads that were not commercial roads already going into the SD-20 area. So what I wanted to do here was to just change it to "arterial," since there is a State classification for arterial roads that includes 36th Street. And that is where the high density residential project... you know, projects are. So. Commissioner Plummer: I have a question. Is this now restricted by a percentage? It's the ground floor, to add ground floor office use, but is it restricted to a percentage of the ground floor? Is it the entire ground floor? Ms. Slazyk: It can be the entire ground floor, but in a residential project, that would almost be impossible, because you have to access the residential area. So it would need... you know, case by case, they would need a class two permit. And that's where we'd look at how you get in and out, where the access is, how the parking is accommodated, you know, that kind of thing. Commissioner Plummer: Is this professional office? Ms. Slazyk: It's offices as defined in the ordinance, which includes all types of offices, including, you know, realty, it could include medical. There would be non-commercial, no sales, no retail, nothing like that, just administrative... 220 July 25, 1996 Commissioner Plummer: Could you have a bail bondsman office in there? Ms. Slazyk: Right now, no. No, that's not an office. That's in a... Commissioner Plummer: Why isn't it an office? Ms. Slazyk: That's in a C-2 district now. It's not covered under our definition of... It's got its own definition, and it's definition is not an office. Commissioner Plummer: OK. This is first reading. I'll move it. Mayor Carollo: There's a... Well, before you do, let's hear from the public. Janet, can you give your name and address? Ms. Cooper: Sure. Janet Cooper, 1172 South Dixie Highway, Number 503. I'm here representing the Biscayne 21 Condominium Association, 2121 North Bayshore Drive. We have a lot of problems with this ordinance but... with this amendment to the ordinance. But specifically, I have been in contact since June 27th with Lourdes, and trying to work out something that would be acceptable. We spoke as late as yesterday, and then I walked in this afternoon, a few minutes before five, and was told that there's yet another change. And the change is a major change, which is where this can happen. And I have had no opportunity at all to review what portions of the City, which streets, which projects would be affected by this change. So that's number one. I have a serious problem with that, because I need to have an opportunity to review it. Number two, what was proposed before, major arterial, seemed to be OK, based on what was represented to me. And then when I thoroughly researched it, I found out that it didn't do what it was intended to do, and there were additional problems, that it took some time to research. So that's one problem. Commissioner Plummer raised an issue that I raised with Lourdes, which is, just how much of the ground floor could be utilized. And, in fact, virtually all of it, except for, perhaps, a very small elevator lobby, could be used. There could be conversions in existing buildings. This could create incredible security problems for the residents who live in the condominium associations. Let's say that there's an office that exists that has an entrance from the lobby area, because right now, these buildings that have been built had no reason to have external access. So then anybody who wants to come in to either work in or do business in the office would be let through the security area, and into an area where they could have access to the residential area. That creates a problem. Let's say that you've got a situation where there is an external access, but because it was all designed as a residential building, there is no bathroom facilities. So let's say that the main business entrance is from the outside, but there's no bathroom. So any time anybody who works there or comes to do business there needs to use the bathroom... Mayor Carollo: Janet, excuse me. Let's see if we can cut through this quicker. Can we defer this for the next meeting in September? Is there any reason why you need it approved today? Ms. Slazyk: I don't have any particular rush for it. I'm not sure if Mr. Helfman... Mayor Carollo: Steve, you need to make a statement? Your name and address for the record. Mr. Steven Helfman: Sure, if I could. I've been working for the depart... Vice Mayor Gort: Do it on first reading. Commissioner Plummer: Do it on first reading and bring back the changes before. 221 July 25, 1996 Mr. Helfman: If we could do that. These... First of all, I heard the address of the client that she represents. They're not even affected by this ordinance. Vice Mayor Gort: They're not in it. Mr. Helfman: It's not even applicable to their neighborhood. Ms. Cooper: That's not true. Mr. Helfman: I heard the... I see the requirement for major arterial. On North Bayshore, at that location, is not a major arterial. Staff has said to you that they've tried to address her concerns. They've excluded virtually every single area, with the exception of one, which is Northwest 36th Street, by this amendment. And what they've asked you today is, 36th Street is actually a State - designated road, and they would like both the major arterial designation under the City's comp. plan, as well as State -designated arterials. And... Mayor Carollo: OK. Let's do this... And I'm sorry to cut you off. Mr. Helfman: That's OK. Mayor Carollo: But we need to move on and finish this agenda today. Let's take it on first reading, and by that time, please meet with Janet, inform the rest of the Commission of whatever final changes were made, and we'll take it up in second reading. Mr. Helfman: Thank you. Mayor Carollo: In the meantime, if there is a motion... Vice Mayor Gort: Move it. Mayor Carollo: Moved by Commissioner Gort. Commissioner Plummer: Second. Mayor Carollo: Seconded by Commissioner Plummer. This has the full recommendation of the Planning Advisory Board. That does not mean, however, that this Commission couldn't change its mind for the next meeting, Janet. So you have every opportunity. Ms. Cooper: Well, the ordinance before you today doesn't have the recommendation of the Planning Advisory Board, because it's been amended since it went to the Planning Advisory Board. And I believe there's... Mayor Carollo: But, see, these are very good points that you're making, and they will be points that I will gladly take into consideration when it comes back again. And you'll have plenty of time between now and September. Ms. Cooper: All right. And when you're finished voting, if I may have one more moment. Mayor Carollo: Why don't you have it now, quickly, Janet. Ms. Cooper: OK. Mayor Carollo: If it's on this. 222 July 25, 1996 Ms. Cooper: OK, I would ask that this Commission ask that I be placed on the agenda to bring to the attention of the Commission an issue that is raised in conjunction with this. It doesn't directly apply to this application. But the issue is applications for change to the Zoning text that are brought in the name of the Planning Department, but that are genuinely initiated by a private individual. Mayor Carollo: OK. Ms. Cooper: In this instance, that is what happened here, and I would like to bring it to the board and discuss it, and make some suggestions. Mayor Carollo: All right. Christina, can you meet with her so this could be placed on the agenda? Ms. Christina Cuervo (Assistant City Manager: Yes, sir. Mayor Carollo: And follow the procedures that we have on record. Ms. Cuervo: Yes, sir. Mayor Carollo: Very good. If you could read the ordinance, please. Mr. Joel Maxwell (Deputy City Attorney): Yes, sir. Ms. Cooper: Thank you. Mr. Maxwell: I believe that motion included the deletion of the word.., of the adjective, "major," in front of "arterial." Mayor Carollo: Correct. Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 6, SECTION 620, "SD-20 EDGEWATER OVERLAY DISTRICT," TO ADD GROUND FLOOR OFFICE USES AS A CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT, AND PROVIDE NEW PARKING AND NOTICE REQUIREMENTS FOR SAID USES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 223 July 25, 1996 0 was introduced by Vice Mayor Gort, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Helfman: Thank you. Mayor Carollo: Thank you, Janet. Thank you, Steve. Ms. Cooper: Thank you. ------ --------------- ------------------------------------------- ------------------------------------------------ 87. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT, SECTIONS 401, 2502 -- ADD NEW SECTION 945 -- CODIFY REGULATIONS PERTAINING TO PHARMACEUTICAL LABORATORIES -- [Applicant: Community Planning & Revitalization] -- DIRECT ADMINISTRATION TO PROVIDE MAYOR WITH FURTHER INFORMATION PRIOR TO SECOND READING. Mayor Carollo: We're on PZ-12. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Yes, PZ-12. This is a first reading ordinance. It's the result of a determination of use not specified, which was issued by the Planning Department. This will allow pharmaceutical laboratories, as defined in the legislation, by special exception, in C-1 zoning districts that only upon compliance with a series of requirements in the ordinance. This was recommended for approval by the Planning Advisory Board. I don't know if you want me to describe... Mayor Carollo: I have a question. Would the people that will be tested be staying overnight at the facilities? Ms. Slazyk: Yes. This will allow them to stay overnight, but they will be screened and monitored somewhere else. They'll only be coming here for the actual testing component. This is something that they do a lot near Jackson, but with all the expansions of the medical facilities at Jackson... This is appropriate and permitted right now in GI districts. The C-1 District didn't specifically allow it. And I consider the C-1 actually to be a more permissive district. The special... Mayor Carollo: How many other new districts will this be allowed in? 224 July 25, 1996 Ms. Slazyk: This is only adding it to C-1. Mayor Carollo: Just to C-1. Ms. Slazyk: Right. It's already permitted in GI, and it's permitted in the higher districts, so. Mayor Carollo: Well, it's got the recommendation for approval by the Planning Advisory Board, unanimous. Ms. Slazyk: Yes. We put a lot of restrictions on them. We required them to go through the special exception, and even turn in a letter of intent, you know, as to what kind of testing. And they have to... We already had one come through using this, as a result of the determination, and we... You know, we put a lot of restrictions on them, and, you know, we required a lot of information, to make sure that it was being done properly, including HRS (Department of Housing and Rehabilitative Services) and all the other licenses. Mayor Carollo: All right. Commissioners, what is the will of the Commission? Is there a motion? Commissioner Plummer: Move it. Vice Mayor Gort: Move it. Mayor Carollo: There's a motion by Vice Mayor Gort, seconded by Commissioner Dawkins. Commissioner Dawkins: No, I'm voting no. Mayor Carollo: He's voting no. Seconded by Commissioner Plummer. It's open for discussion now. One of the problems that I raised with this ordinance is that people will be staying overnight at these facilities to be tested. You've heard what staff said. I don't know if any of you have any further discussion. I, for one, would probably be voting no on this, as I see it, so I would prefer to have extra time to be able to have my staff and myself sit down with you. Ms. Slazyk: OK. I'd be glad to. Commissioner Plummer: All right, fine. Move it on first reading, and don't bring it back on second reading until Mayor Carollo approves it. Mayor Carollo: OK. I will vote for it only with those provisions. Ms. Slazyk: OK. I'll... We'll come meet with you, because I... You know, I'll explain... Mayor Carollo: OK. Ms. Slazyk: ... all the criteria with you. Mayor Carollo: Very good. Read the ordinance, please. Call the roll, please. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTIONS 401 AND 2502, AND ADDING A NEW SECTION 945, INCLUSIVELY, TO CODIFY NEW REGULATIONS PERTAINING TO "PHARMACEUTICAL LABORATORIES11; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 225 July 25, 1996 °ti was introduced by Vice Mayor Gort, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: Commissioner Miller J. Dawkins ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: I'm voting no, and the reason I'm voting no is I have a problem with the overnight residents. Mayor Carollo: As I stated, I also have a problem with this overnight facility testing, where the people will be staying overnight. I'm only voting yes on first reading. I reserve the right to change my vote in the second reading. Yes. ---------------------------------------------------------------------------------------------------------------- 88. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF FIRST READING ORDINANCE: TO AMEND ORDINANCE 11000, ARTICLE 6, SECTION 602 -- RESTRUCTURE PARKING REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT -- [Applicant: Community Planning & Revitalization]. Mayor Carollo: PZ-13, first reading ordinance to amend Ordinance 11000 text. The applicant is the same, City of Miami. Recommended for approval to the City Commission by the Planning Board. The vote was eight/zero, unanimous. Go ahead, Jack. Commissioner Plummer: Thirteen, 14 and 15 are all totally related. Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): Thirteen and 14... Mayor Carollo: Yeah, they're all totally related. Commissioner Dawkins: OK. Before Jack speaks, Mr. Mayor, where does it say in here that you are removing the cap, on which one of these? Mr. Luft: In PZ-14. Commissioner Dawkins: Sir? Mr. Luft: PZ-14. Commissioner Dawkins: OK. Well, go ahead. You go through 13, then. 226 July 25, 1996 Mayor Carollo: Let me ask the Commissioners this. Do we really want to deal with this today? Commissioner Dawkins: I don't. Mayor Carollo: It might not be better to deal with this in the next meeting in September, where we could have a lot more time to go over it, to... I, myself, speaking for myself... Commissioner Plummer: Well, say you want to defer it, I'll second it. Mayor Carollo: I would prefer to defer the items. Commissioner PIummer: I second. Let's go home. Commissioner Dawkins: Mr. Vice Mayor... Call the roll, Mr. Vice Mayor. Mayor Carollo: Call the roll for deferment. Commissioner Plummer: See how quick we do things? THEREUPON, ON MOTION DULY MADE BY MAYOR CAROLLO AND SECONDED BY COMMISSIONER PLUMMER, ITEM PZ-13 WAS CONTINUED TO SEPTMEBY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 89. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF FIRST READING ORDINANCE: AMEND CHAPTER 35 OF CODE --AMEND CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC) --AMENDING ARTICLE VIII TO (COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND) -- DELETE DIRECTOR OF OFF - STREET PARKING DEPARTMENT AS EX- OFICIO NON -VOTING MEMBER OF PARKING ADVISORY COMMITTEE -- REDEFINE SCOPE OF EXPENDITURES OF COCONUT GROVE PARKING TRUST FUND -- RESTRUCTURE SCHEDULE OF FEES AND CHARGES -- AMEND SECTIONS 35-191, 35-192, 35-193, AND 35-194 OF CODE -- [Applicant: Community Planning & Revitalization]. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: PZ-14. Commissioner Plummer: That's 13, 14 and 15. Mayor Carollo: Plummer makes the motion. 227 July 25, 1996 Commissioner Dawkins: Fourteen... 13, 14 and... Mayor Carollo: Well, you got to do it separately, though. Commissioner Dawkins: OK. Vice Mayor Gort: You got to do it separately. Mayor Carollo: You got to do it separately. Commissioner Plummer: Bull hockey. Commissioner Dawkins: OK. I move. Mayor Carollo: Dawkins moves 14 to defer. Commissioner Plummer: Yeah. Mayor Carollo: Gort seconds it. Commissioner Plummer: Yeah. Mayor Carollo: Call the roll. We need that. Commissioner Plummer: Yeah. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE MAYOR GORT, ITEM PZ-14 WAS CONTINUED TO SEPTEMBER 26, 1996 BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. 228 July 25, 1996 --------------------------------------------------- ------------------------------------------------------------ 90. CONTINUE (UNTIL SEPTEMBER) CONSIDERATION OF FIRST READING ORDINANCE:AMEND CHAPTER 35 OF CODE -- (MOTOR VEHICLES AND TRAFFIC) -- ARTICLE VIII (COCONUT GROVE. PARKING IMPROVEMENTS TRUST FUND) --INCREASE COCONUT GROVE PARKING TRUST FUND BANK OF PARKING SPACES --[Applicant: Community Planning & Revitalization Department]. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Fifteen. Plummer moves it. Commissioner Plummer: Yeah. Mayor Carollo: Gort seconds it. Call the roll. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR GORT, ITEM PZ-15 WAS CONTINUED TO SEPTEMBER 26, 1996 BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor. Mayor Carollo: Is there anything further that needs to be brought up to us? Mr. Maxwell: Just for the record, you're actually continuing these items to the last meeting in September. Commissioner Plummer: For sure. Mayor Carollo: Well, we'll deferring them to... Mr. Maxwell: Yes, continuing. Mayor Carollo: Continue them. Commissioner Dawkins: So move. Mr. Maxwell: Which keeps down the advertising necessity. Mayor Carollo: Of course. Mr. Maxwell: Yeah. 229 July 25, 1996 Commissioner Dawkins: So move. Commissioner Plummer: That's it. ---------------------------------------------------------------------------------------------------------- 91. DISCUSSION REGARDING FILLING VACANCY EXISTING IN COMMISSION SEAT (GROUP II). (See label 93) ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Anything further that needs to come up before this Commission? Commissioner Plummer: Are you going to set a date for... Mayor Carollo: I cannot. We got one last item before we finish and adjourn. Today was the first of the ten days we have to decide the action that we're going to take on the empty seat that I left yesterday. What I would like to do is to call a special Commission meeting for next week. We have until Saturday - not this Saturday - the following Saturday to decide. That will be the tenth day. So I would like to ask this Commission, the days that each and every one of you will have available. Commissioner Plummer: Huh? Whoa, wait, wait. Let me ask a question. Mayor Carollo: Yes. Commissioner Plummer: Why is it necessary? Why can't we just set the election on what we had talked about, is September the 3rd? Mayor Carollo: Commissioner, we never decided what we were going to be doing. I would like to call a special meeting just to deal with this. Commissioner Dawkins: I'm in favor of a special meeting, but I'm not in favor of waiting until next Saturday. Mayor Carollo: No, no. I'm saying that the... We have until not this Saturday, but the following Saturday. What I'm saying is, since we have all the Centennial celebration, and so many out of the country, out of town dignitaries and guests, tomorrow would not be a good day, obviously. Commissioner Plummer: Oh, no, no, no. Mayor Carollo: I'm saying, beginning next week, from Monday, Tuesday, Wednesday, what - or Thursday - what day is convenient for everyone? Commissioner Dawkins: Tuesday. Commissioner Plummer: I'd have to look. I'll have to look. Excuse me. I'm confused, Joe. A. Quinn Jones, III, Esq. (City Attorney): He has until... Commissioner Plummer: I recall when we set the date for the Mayor's election, we did it with certain dates in mind, so that we would not have to do anything to disturb the September 3rd date. 230 July 25, 1996 Mayor Carollo: No, no, no. No, no. Commissioner, you are confused. We never agreed to that. We set it... We set the date for the mayoral election... I Commissioner Plummer: Yeah. Mayor Carollo: With the light that if we took certain actions, then we would have available September 3rd election date as a possibility, but we took no action on that. Commissioner Plummer: Are we talking about something other than an election to fill the vacancy? Mayor Carollo: Commissioner, please listen carefully. Commissioner Plummer: OK. Mayor Carollo: What I am asking for is for this Commission to agree upon a date, and we will then decide. I am not ready to decide now. I'm extremely tired. I haven't slept in three weeks. I think all of us need some time, also. So all that I'm asking is for the best date that's convenient for you. Otherwise, if I can't get that from you, I will have to go, and go along with the dates that the others give me. i Commissioner Plummer: All right, hold on. Let me look here. Are you possibly talking the 29th, 30th or 31st? Mayor Carollo: The 29th is what date of next... Well, no. What day of next week is the 29th? Commissioner Plummer: The 29th is... Mr. Walter Foeman (City Clerk): The 29th is Monday. Commissioner Plummer: Huh? Mayor Carollo: Monday? Commissioner Plummer: Monday is the 29th. Vice Mayor Gort: The 1st looks good for me. The 1st. Mayor Carollo: The 29th is Monday, Walter? Mr. Foeman: Yes, it is. Mayor Carollo: OK. Commissioner Dawkins: The 29th is OK with you? Mayor Carollo: Tuesday is what day? Mr. Foeman: The 30th. Vice Mayor Gort: Thursday. Commissioner Plummer: Thirtieth. 231 July 25, 1996 Commissioner Dawkins: Thursday? Mayor Carollo: Thursday... Commissioner Dawkins: I won't be here. Mayor Carollo: Commissioner Dawkins won't be here. Commissioner Plummer: How about the 29th at 11 o'clock? Vice Mayor Gort: What? Mayor Carollo: Can we do it earlier than the 29th? Commissioner Plummer: No, the 29th, that's Monday. Mr. Foeman: It's Monday. Mayor Carollo: That's Monday. Mayor Carollo: Can we do it on Tuesday, for instance? Commissioner Plummer: Yeah. Commissioner Dawkins: No, no, that's not convenient, Commissioner, for Vice Mayor Gort. Vice Mayor Gort: Let me check my calendar. Mayor Carollo: OK. Commissioner Plummer: You want to do it Tuesday morning at eleven? Mayor Carollo: That would be fine with me, Tuesday at eleven a.m. Commissioner Dawkins: Commissioner Gort has to check his calendar. Commissioner Plummer: All right. Subject to that, I move... Huh? Mayor Carollo: In fact, let's see what day is good for him. Commissioner Plummer: I don't think any of us are going on a Greater Miami Chamber of Commerce cruise, and that's the only thing I got. Commissioner Dawkins: I nominate you to go. Commissioner Plummer: The hell you do. They'll throw me overboard. Commissioner Dawkins: In fact, I'll buy your ticket. Vice Mayor Gort: Tuesday at eleven is fine. Commissioner Plummer: Tuesday at eleven is fine. 232 July 25, 1996 Mayor Carollo: Tuesday at eleven? Commissioner Dawkins: That's good, Commissioner... Mr. Vice Mayor? Mayor Carollo: OK. We then will have the meeting for Tuesday, eleven a.m. Commissioner Plummer: OK. Mayor Carollo: Thank you all. ------------------------------------------------------------- ----------------------------- ---------------------- 92. COMMISSIONER PLUMMER INFORMS COMMISSION ABOUT CENTENNIAL CELEBRATION FESTIVITIES, SCHEDULED FOR JULY 28, 1996 -- BIRTHDAY CAKE AND FOUNTAIN EVENT. Commissioner Plummer: Now, hold on. Hold on. To my colleagues, since I'm in the Sunshine, on Sunday, let me give you just a brief rundown. It starts at noon, but you don't have to be there, because the only thing at noon... I've given each one of you... Mayor Carollo: We will be there, Commissioner. Commissioner Plummer: OK. It's just turning on the fountain. That's all that is. Commissioner Dawkins: What time do you want us there? Commissioner Plummer: I want you there at seven -thirty, and this is crucial. And nine -thirty is what is crucial, when we're cake... turning the light of Miami. Seven -thirty is the official government kind of relation things, and nine -thirty is the actual birthday singing, and we're going to get you to sing. Commissioner Dawkins: So you want us at seven -thirty... Mayor Carollo: And Plummer will play the piano while you sing. Commissioner Dawkins:... seven -thirty and nine -thirty. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, can you take a... Commissioner Plummer: Seven -thirty and nine -thirty. For your edification, the sponsors (inaudible). 233 July 25, 1996 'i ---------------------------------------------------------------------------------------------------------------- 93. SCHEDULE SPECIAL COMMISSION MEETING ON TUESDAY, JULY 30, 1996 AT 11 A.M. TO DISCUSS VACANCY EXISTING IN COMMISSION SEAT (GROUP II). (See label 91) A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, can you take a vote on the date that you agreed on for the meeting? Mayor Carollo: Do you need that? Fine. Mr. Jones: Yes. Mayor Carollo: Plummer makes the motion, Dawkins seconds it, that we meet on Tuesday of next week at eleven in the morning. Commissioner Dawkins: Eleven. Mayor Carollo: And if you can so advertise that, Mr. Clerk. Mr. Walter Foeman (City Clerk): OK. Mayor Carollo: And the purpose of the meeting. Mr. Foeman: Sure. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 96-601 A RESOLUTION SCHEDULING A SPECIAL MIAMI CITY COMMISSION MEETING JULY 30, 1996, COMMENCING AT 11:00 A.M., FOR THE PURPOSE OF CONSIDERING VARIOUS OPTIONS FOR FILLING THE VACANCY EXISTING IN COMMISSIONER GROUP II. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 234 July 25, 1996 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Wifredo Gort Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: This meeting is now adjourned. Thank you. Commissioner Plummer: "Adios." THERE. BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:08 P.M. JOE CAROLLO MAYOR ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 235 July 25, 1996