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HomeMy WebLinkAboutCC 1995-05-01 MinutesMINUTES OF CONTINUED REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 1st day of May, 1995, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida to resume its regular session which began on April 27, 1995 but was interrupted by a power outage at City Hall. The meeting was called to order at 2:37 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner Miller J. Dawkins Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. Mayor Clark: Just for your edification, ladies and gentlemen, you persons in the blue shirt are objecting to a Zoning application; is that it? Unidentified Speaker: Yes. Vice Mayor Plummer: Thirty, I believe. Mayor Clark: That will not come up before four -thirty, so that's the law. We can't bring it up before that time. Unidentified Speaker: Mayor Clark, we called the City Clerk's Office. Vice Mayor Plummer: Ma'am, if you would, you have to come to the microphone, state your name and mailing address, and then address the Mayor. Ms. Laverne Kreidt: I'm Laverne Kreidt (phonetic). My mailing address is 5040 Southwest 60 Place. We called the City Clerk's Office, because we were all here when the power outage came, and we wanted to know when it would be taken up, and they told us two -thirty. And it 119 May 1, 1995 was suggested to them that maybe it would be four o'clock, and they said, no, it would be two - thirty. Mayor Clark: I don't know who told you that, because the law is that you can't take up a Zoning item before four -thirty or five o'clock. Commissioner Gort: They might have told them the regular agenda was... Mayor Clark: You might have asked for the regular agenda. Ms. Kreidt: No, we told them what the item was, what it was about, and it was your office. Mayor Clark: Well, there was a misunderstanding. There was a misunderstanding, so we'll have to wait till four -thirty. I'm sorry for that. ---------------------------------------------------------------------------------------------------------------- 40. (A) PERMIT SALE OF BEER, WINE AND TROPICAL DRINKS IN CONNECTION WITH COCONUT GROVE BED RACE TO BENEFIT MUSCULAR DYSTROPHY ASSOCIATION (MAY 21, 1995) -- POLICE TO CLOSE BOOTHS SELLING ALCOHOL IF PROBLEMS ARISE. (B) CITY MANAGER TO REQUIRE PROMOTERS OF ALL FUTURE FESTIVALS INVOLVING CLOSURE OF MAIN HIGHWAY (FROM CHARLES AVENUE TO McFARLANE ROAD OR GRAND AVENUE, COCONUT GROVE) TO PROVIDE A POLICE OFFICER AT INTERSECTIONS: (1) CHARLES AND HIBISCUS, AND (2) GRAND AND HIBISCUS. Mayor Clark: All right. Item number 30 is where we left off. Vice Mayor Plummer: Whoa, whoa, whoa. Mr. Mayor, item number 30 is in reference to alcoholic beverages. This thing keeps raising its ugly head as to - I'll be with you in a minute - as to the potential of serving alcohol. I have stated, for the record, and would continue to state... Commissioner Gort: That was withdrawn. Vice Mayor Plummer: No, it's not withdrawn. Mayor Clark: No. Commissioner Gort: I have it as withdrawn. Mayor Clark: Twenty-nine was withdrawn, I think. Mr. Cesar Odio (City Manager): We are on number 30. Vice Mayor Plummer: Twenty-nine was withdrawn, yeah. But anyhow, Mr. Mayor, let me just state for the record my problem, or, excuse me, my position. I have no problem, as I have said before, in serving of beer and wine, and I really have said before, and I'll say again, I have no problem with a fruit punch, as they serve at Goombay, in any way, shape or form. I think we all have to admit, which we're trying to stop or keep from happening is a long scenario in which 120 May 1, 1995 they have a bunch of unruly people who would be from the consumption of too much alcohol. But my position is very simple. Beer and wine and fruit punch, period. Sale of alcohol, they can go back up into the Grove area, into the regular restaurants that serve it, and have a responsibility that you don't have in a festival kind of attitude. Mayor Clark: Are there persons present who are interested in this item or application? Yes, sir, give us your name and address for the record. Mr. Sid Sussman: My name is Sid Sussman. I live at 2545 Swanson Avenue. I'm one of the executive directors of the bed race, and have been since its inception 18 years ago. Commissioners and Mr. Mayor, it's our position that we would like to continue to have the right to sell alcoholic beverages at this event. This is a right that this Commission has approved unanimously for us for the past three years, and dating all the way back to 1989, although you do have copies of the resolutions for the last three years. We do limit our alcoholic beverage intake to the frozen tropical fruit drink variety, such as margaritas, pina coladas, rumrunners, which is basically all that we sell there. We are not a shot and a beer bar. We do not condone alcoholism in the streets. It is important for us to be able to maintain the right to sell beverages, because we do have a sponsor that helps us with the underwriting and the cost of the event, and the proceeds from the sale of it directly goes to the charity itself. So we are requesting that you please revisit this, look at the recommendations from some of your committees. We did go back and visit the Standing Festival Committee, who sent you a memorandum encouraging you to vote for us, and give us this permission. We went back before the Village Council, who had sent you a letter previously. They had changed their mind, and have now readdressed the issue, and are supporting our permit application, and we're only requesting that you approve it at this time. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner De Yurre: Historically, what has been the procedure? Have you been selling? Mr. Sussman: Yes. We set up a regular tropical drink bar at the bed races for the last seven years in a row. Every year, we have come back and asked, by resolution, for you to approve the right for those sales, and we have copies of the last three years where you have approved it. Commissioner De Yurre: OK. So, now, where are the complaints coming from, if any? Mr. Sussman: Well, at the last Commission meeting, the Village Council sent you a letter requesting that you not approve the application, because it was their misunderstanding that we had never applied. Commissioner De Yurre: So now, where are they at? Are they with you now? Mr. Sussman: They're with us now. They voted to rescind... Commissioner De Yurre: OK. Somebody is shake... Dave is shaking his head back there, so... Mr. David Gell: My name is David Gell. I live at 3290 Matilda Street. I'm a member of the Village Council. It is a fact that they withdrew... Vice Mayor Plummer: Wait a minute, David, please. State for the record, are you speaking for yourself as an individual or for the council? Mr. Gell: At this moment, I'll speak for the Village Council in representing to you the fact that they did withdraw the opposition to the idea of selling alcohol. They do not and are not... The 121 May 1, 1995 Village Council is not in favor of it, but there are so many issues here in terms of what alcoholic beverages are being sold. Let me tell you that one rum punch can be sold with three shots of alcohol. So we're not talking about limiting alcohol consumption. This particular event is a drinking event. It is nothing short of that. There are very few participants. Most of the people who go there are there to get drunk, and to have a good time. I am here now, I'll speak personally and say, as representative of the neighborhood association, we have a very serious problem in the neighborhood, where there is crime being committed against people coming to the event, and crimes being perpetrated against the residents by the people who come to the event, obstructing the streets... You've heard all the litany of those problems. Basically, I think we could solve this problem. The evolution of the event has been such that we have too many people coming. We need to regulate that. We cannot simply say, don't come. We need more police in the residential neighborhood. That's what I'm here to ask for. That's what they have adamantly refused, time and time again, to do, and that is simply to add police to the mix, and have three officers in the residential neighborhood. The numbers do not show crimes being committed at the event, but the numbers do show - and the neighborhood resource officer is here to explain and tell you that issue as well - there are significant crimes being committed during the event in the residential neighborhood. We need protection there. So I think there's a compromise we can have. Mayor Clark: All right. Mr. Plummer, you have the floor. Vice Mayor Plummer: Mr. Mayor, I would try at this time - and I think the issue has got to be addressed in some way, to have definitive and clear-cut - I would move that we allow the sale of beer and wine and fruit tropical drinks with the proviso that at any time, the commanding officer of the police detail has the right to close it down. Mr. Sussman: It's acceptable to us. Vice Mayor Plummer: OK? Now, that would be with my proviso. Commissioner Gort: Second. Mr. Gell: Can you make a condition for extra police officers? Vice Mayor Plummer: The Police Department are the ones who make that determination, Mr. Gell. We do not. If they determine that there is a major problem being created by the festival, then they will address it by additional personnel. The promoters do not have the right to say yes or no to the amount of police. If, in fact, they say - the Police Department - say they need three in the neighborhood, then they tell the promoter that, and the promoter has to pay for it, and if he doesn't, he doesn't have his event. Mr. Gell: Unfortunately, the Police Department is only interested in the event itself. The event area, they are not. They tell me that they are not... Vice Mayor Plummer: On the record, Mr. Gell. Mayor Clark: All right. Mr. Gell: Yes, I'd be glad to. The Police Department - and I've had several conversations with them over different festivals - are telling me that the ordinance does not require the event holder to add police to the mix for the residential neighborhood. And it's only been... Vice Mayor Plummer: Mr. Longueira, sir... 122 May 1, 1995 Lt. Joseph Longueira: Yes. Vice Mayor Plummer: ... you heard the concern. As far as I'm concerned, I think it's a legitimate concern. I see nothing wrong with three more policemen being hired to do the privatization in and around the neighborhood, and I would ask you, sir - I can't dictate to you - I would ask you, please, to consider that for the bed race, that three additional policemen be required for that area. I also want to go one step further, but not in this particular case. On the days that Main Highway is closed, for whatever event - a running event or whatever - and traffic is diverted down the Coconut Playhouse... What's the playhouse? Charles. When traffic is diverted down Charles to Margaret or Hibiscus? Unidentified Speaker: Hibiscus. Vice Mayor Plummer: And over to Grand, I have said to you before, and I'm going to say to you again that the armed robberies that are taking place at the intersection of Grand and... Is it Charles where they come back in by the mini park or by the church? You have got to put a policeman full-time on that corner. You are... Not you. It is creating havoc for people having to stop, and traffic is backed up, and people over there that are prone to being not good people are having a field day. I would like to, if I can, Mr. Mayor, pass this motion saying that every time, from this day forward... Commissioner Dawkins: But make that a second motion. Vice Mayor Plummer: OK. The first motion is beer and wine and tropical fruit punch. Mayor Clark: Is there a second? Commissioner Dawkins: Second, under discussion. Mayor Clark: All right. Commissioner Dawkins: How do we know that by requiring three extra policemen that we are not using up what profit they may make from the sale of beer and wine? How could we assure them? Who can assure me that? Vice Mayor Plummer: Well, I don't think anybody can assure you but... Mayor Clark: What kind of profit do they make? Commissioner Dawkins: That's what I'm saying. Vice Mayor Plummer: Well, Commissioner... Commissioner Dawkins: You see, we are, looking like, imposing conditions on the event to kill it. Now, that's my personal opinion, because if we are saying we got to have... Now, it's not three policemen, it's four, because you got to put one on a corner. So that's four extra police that you are requiring, and nobody is assured that the profit, if there is such an animal, from the sale of beer, of alcoholic beverages, will cover the extra police. Vice Mayor Plummer: Well, I think the fear or concern for safety of the citizens has to be paramount, and Commissioner, I would only say, and I'm not trying to argue with you, you're talking, according to Mr. Longueira, even if it's four, you're talking about in the neighborhood of two hundred ($200) to two hundred and thirty -dollars ($230) for the four policemen. And if they can't make more than that, don't sell, would'be my... .123 May .1, 1995 Mayor Clark: The gentleman said he can handle that. Commissioner De Yurre: Mr. Mayor, if I may. What is the City receiving from this event? Mr. Sussman: In the form of fees? Commissioner De Yurre: In the form of cash, yes. Mr. Sussman: We pay in excess of eleven thousand dollars ($11,000) in City services, and then an additional 25 percent as part of the impact fee, which goes to the Standing Festival Committee. Also, excuse me, just for your awareness, when you grant us the right for alcoholic beverages... Vice Mayor Plummer: You're going to learn one of these days to answer the question and don't editorialize. Mr. Sussman: OK. Commissioner De Yurre: So you're talking about eleven thousand dollars ($11,000), which the City doesn't make a penny of that, because that's to cover services, and 25 percent doesn't come to the City, either. It goes to the committee. Vice Mayor Plummer: That's correct. Commissioner De Yurre: So the City doesn't make a penny out of this. Vice Mayor Plummer: Well, excuse me. It was this Commission, Victor, who decided that the money going to the committee would be used for refurbishing Peacock Park, and the street lights, and all of that. This Commission could change that overnight, if they wish. Commissioner De Yurre: About how much is that 25 percent? Mr. Sussman: About... Almost three thousand dollars ($3,000). Commissioner De Yurre: So it's three thousand dollars ($3,000) which... Vice Mayor Plummer: Over the year, I think they've collected about a hundred and forty, hundred and fifty thousand dollars ($140,000 - $150,000). Commissioner Gort: They've done quite a bit. Commissioner De Yurre: OK. And what does the festival make, the bed race? Mr. Sussman: We net anywhere from thirty-five to sixty thousand ($35,000 to $60,000), depending on how many bed entries we have, and how many sponsorships we receive. Commissioner De Yurre: What's the gross? Mr. Sussman: Gross is about a hundred and ten, a hundred and thirty ($110,000 - $130,000). Commissioner De Yurre: I mean, it's time we revisit what the City makes out of these things. OK. Thank you. 124 May 1, 1995 9 """ , �a Mayor Clark: Any further discussion? Commissioner Gort: Pull the question. Mayor Clark: Call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-296 A RESOLUTION RELATED TOT HE COCONUT GROVE BED RACE TO BE CONDUCTED MAY 21, 1995 BY THE MUSCULAR DYSTROPHY ASSOCIATION; AUTHORIZING A ONE -DAY PERMIT FOR THE SALE OF BEER, WINE AND TROPICAL FRUIT DRINKS IN THE AREA DURING SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Vice Mayor Plummer: Mr. Mayor, I would like at this time, if I may, to make a motion. Mayor Clark: All right. Vice Mayor Plummer: That all future festivals that involve the closing of Main Highway from Charles to McFarlane or Grand, that it be dependent upon the promoter to provide a full-time policeman at the intersection of Charles and... What's the street? Unidentified Speaker: Hibiscus. Vice Mayor Plummer: ... Charles and Hibiscus, and Grand and Hibiscus, for the safety and sake of the people that are having to take a route that could be, and has proven to be, a very bad scenario. I would move that at this particular time. Mayor Clark: Is there a second? Commissioner De Yurre: I'll second if we just clarify. J.L., instead of just pinpointing it to a particular corner, wherever the police may deem it necessary along that route. 125 May 1, 1995 A Vice Mayor Plummer: Victor, the reason for pinpointing is that's where the two stop signs are. OK? And the problem is, they back up from the stop sign, without a policeman there directing traffic, and you'll sometimes see cars all the way back... Commissioner De Yurre: OK. So you're talking about directing traffic, not protection. You just want to keep the traffic flowing. Vice Mayor Plummer: Both, yes. Commissioner Gort: Both. Vice Mayor Plummer: Yeah, for the safety and everything. Mayor Clark: Call the roll. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-297 A MOTION INSTRUCTING THE CITY MANAGER TO REQUIRE THE PROMOTERS OF ALL FUTURE FESTIVALS INVOLVING THE CLOSURE OF MAIN HIGHWAY FROM CHARLES AVENUE TO McFARLANE ROAD, OR GRAND AVENUE TO PROVIDE A FULL-TIME POLICE OFFICER AT THE INTERSECTIONS OF (1) CHARLES AND HIBISCUS, AND (2) GRAND AND HIBISCUS. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. I\: *" i6l, Z•[S;t� 126 May 1, 1995 ---------------------------------------------------------------------------------------------------------------- 41. EMERGENCY ORDINANCE: AMEND 10021, WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND (LETF) RECEIVED / DEPOSITED (PURSUANT TO 9257) -- PROVIDE FOR INCREASE ($650,000) DUE TO SUCCESSFUL FORFEITURE ACTIONS. Mayor Clark: Item 31. Commissioner Gort: Move it. Vice Mayor Plummer: Slow down. Mayor Clark: Is there a second? Mr. Manuel Gonzalez-Goenaga: May I speak on this item? Mayor Clark: Wait, just a moment. Is there a second to the motion? Vice Mayor Plummer. I'll second the motion. Commissioner Dawkins: Second. Mayor Clark: All right. Let him read the ordinance first. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Mayor Clark: Speak. Vice Mayor Plummer: I would ask, Mr. Mayor, that we establish the fund, but we have the right to go until the next meeting for the appropriations. Mayor Clark: All right. You want to speak on it now or later? Vice Mayor Plummer: No, sir, that's it. Mr. Gonzalez-Goenaga: May I speak now, if you would allow me? Mayor Clark: Go ahead. Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I reside at 2469 Southwest 14th Street, and I wholly believe in the establishing of this trust fund, but what I am concerned is that it should be made a full disclosure of all the income that this fund has to be made available to the citizens, and especially for the candidates for office, to all of them. So when we speak and we hear things here which are never, never been the truth, and the truth, and nothing but the truth, we must be entitled to full disclosure of the exact figures, how they come and how they are expensed. Could that be provided and mailed to me by the distinguished, honorable Police Department of the City of Miami? According to the Time Magazine, the worst police department of the big cities in the United States. 127 May 1, 1995 Mayor Clark: OK, thank you. Mr. Gonzalez-Goenaga: According to the annual report of the police, the best one. Mayor Clark: Thank you for your comments. Mr. Gonzalez-Goenaga: OK. No, those are facts, not comments. Mayor Clark: All right. What's the pleasure on item 31? Vice Mayor Plummer: It's already been moved and seconded, with the amendment that I asked for, to carry over till the next meeting the appropriations. Mayor Clark: Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $650,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Vice Mayor 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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 128 May 1, 1995 Whereupon the Commission on motion of Commissioner Gort and seconded by Vice Mayor Plummer, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11250. 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. ---------------------------------------------------------------------------------------------------------- 42. ACCEPT GRANT ($350,750) FROM STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) -- TO FUND PROGRAMS FOR DEVELOPMENTALLY DISABLED (JULY 1, 1995 - JUNE 30, 1996). ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Move 32. Commissioner Gort: Second. Mayor Clark: Any discussion on 32? All in favor, signify by saying "aye." Opposed, like sign. So ordered. Thank you. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-298 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN AN ESTIMATED AMOUNT NOT TO EXCEED $350,750, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED DURING THE PERIOD OF JULY 1, 1995 THROUGH JUNE 30, 1996; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 129 May 1, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 43. EMERGENCY ORDINANCE: CREATE NEW SPECIAL REVENUE FUND: PROGRAMS FOR THE DEVELOPMENTALLY DISABLED - 1995-96 -- APPROPRIATE FUNDS ($494,594), CONSISTING OF: (1) ESTIMATED $350,750 GRANT FROM STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS); (2) $43,844 FROM GENERAL FUNDS FOR REQUIRED LOCAL MATCH, AND (3) $100,000 IN CARRY- OVER FUND BALANCE FROM SPECIAL REVENUE FUND: RECREATION PROGRAMS FOR THE DEVELOPMENTALLY DISABLED - FY '95. Mayor Clark: Item 33, Commissioner Gort: Move 33. Mayor Clark: Ordinance. Special revenue recreation program for the developmentally disabled. Vice Mayor Plummer: Second. Mayor Clark: All right. Moved and seconded. Read the ordinance. All right. Call the roll, Madam Clerk. 130 May 1, 1995 An Ordinance entitled - AN EMERGENCY ORDINANCE CREATING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED - 1995-96" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE ESTIMATED TOTAL AMOUNT NOT TO EXCEED $494,594 CONSISTING OF AN ESTIMATED $350,750 GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS), $43,844 AS A CONTRIBUTION FROM THE GENERAL FUND FOR THE REQUIRED LOCAL MATCH, AND $100,000 IN CARRY-OVER FUND BALANCE FROM THE SPECIAL REVENUE FUND ENTITLED "RECREATION PROGRAMS FOR THE DEVELOPMENTALLY DISABLED - FY '9511 ; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Vice Mayor 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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Gort and seconded by Vice Mayor Plummer, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11251. 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. 131 May 1, 1995 ---------------------------------------------------- ----------------------------------------------------------- 44. (A) SECOND READING ORDINANCE: ESTABLISH FOUR NEW SPECIAL REVENUE FUNDS: (1) COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY-FIRST YEAR) - $13,709,000; (2) HOME INVESTMENT PARTNERSHIP (HOME) - $4,038,000; (3) EMERGENCY SHELTER GRANT (ESG) - $494,000, AND (4) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) - $7,906,000 -- FROM 20TH YEAR CDBG PROGRAM INCOME, AS APPROVED BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- TOTAL CDBG APPROPRIATION: $16,409,000. (B) DISCUSS TURNING HOPWA FUNDS TO COUNTY 00 CITY OVERLOADED WITH FACILITIES. Mayor Clark: All right. Next item is item number 34. Commissioner Gort: Move it. Vice Mayor Plummer: Hold on. Mayor Clark: Is there a second? Commissioner Gort: It's the CDBG (Community Development Block Grant) funds. Vice Mayor Plummer: Second. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Mayor Clark: Call the roll. Commissioner Dawkins: Question. Mayor Clark: Question. Commissioner Dawkins: Mr. Manager... Vice Mayor Plummer: Mr. Manager... Mayor Clark: Item 34. Commissioner Dawkins: What is the HOME funds for? Mayor Clark: HOPWA (Housing Opportunities for Persons with AIDS) you mean? Mr. Cesar Odio (City Manager): You mean the HOPWA? Commissioner Dawkins: Yes. 132 May 1, 1995 Mr. Odio: Those are the ones that are funneled through us to... for the AIDS (Acquired Immune Deficiency Syndrome). Commissioner Gort: AIDS patients. Commissioner Dawkins: No, that's HOP. HOP is the AIDS. Mr. Odio: Oh, home. Mr. Frank Castaneda: Home? Home is for housing. Mr. Odio: For housing, yes. Mr. Jeff Hepburn: Those are funds basically to produce housing in the City. Commissioner Dawkins: No, based... No, wait, no, no, no. No "basically." What are they for? See, it doesn't say "basically." What are they for? Mr. Hepburn: In terms of the City's application, we're talking about administrative... Mr. Odio: Let me put... The whole multifamily new construction program is designed to provide financial assistance to community development corporations, and for -profit developers, in connection with the production of new rental housing projects having five or more units through a loan, grant, or combination thereof, Commissioners, for all or part of the project cost. The financing terms will allow the rents necessary to support the operations and debt service of the project to be affordable to very low and low income tenants. Approximately five hundred thousand dollars ($500,000) in home funds are available, so, in other words, it creates units for low income. Commissioner Dawkins: Thank you. Mayor Clark: Has there been a motion and a second? Vice Mayor Plummer: Yes. Ms. Matty Hirai (City Clerk): Yes, sir. You need to call the roll. Mayor Clark: Call the roll. 133 May 1, 1995 An Ordinance entitled - AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNDS IN THE AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY-FIRST YEAR) - $13,709,000; HOME INVESTMENT PARTNERSHIP (HOME) - $4,038,000; EMERGENCY SHELTER GRANT (ESG) - $494,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) - $7,906,000; FURTHER APPROPRIATING THE SUM OF $2,700,000 FROM TWENTIETH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL CDBG APPROPRIATION OF $16,409,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11252. 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 Clark: Mr. Manager. Mr. Odio: Yes, sir. Mayor Clark: When do we have the meeting set for the distribution of the CDBG funds? Mr. Odio: Well, what I was going to recommend, Commissioner, since we only have Planning and Zoning on May 25th, is to do... Commissioner Gort: In the morning. Mr. Odio: Is to start at two -thirty, do CDBG, or in the morning. Commissioner Gort: In the morning. Mr. Odio: Nine o'clock in the morning, and do CDBG only. Mayor Clark: All right. On the 25th of May. 134 May 1, 1995 Mr. Odio: Nine o'clock. By the way, what I'd like to pursue on this housing, Commissioner Dawkins, I think this HOPWA thing should be handled by the County, and somehow, if we could find a way of having HOPWA funds being... Commissioner Gort: The County doesn't want it. Mr. Odio: Because let me tell you the problem that I'm having from my seat. Every time they bring an application for HOPWA monies, it's to the City of Miami, to put another facility in the City of Miami. And I have turned down now quite a few, and people do not understand that we cannot afford to have more of this type of facilities in the City of Miami. So these funds are impacting, in a way, negative on the City. Mayor Clark: What authority do you need to turn it over to the County? Mr. Odio: I'd like to research that and to authorize Herb to turn his HOPWA funds over to the County and then we can... Mayor Clark: Herb? Mr. Herb Bailey (Assistant City Manager): The County, which we had made an offer, they had it at first, and they have not responded to our offer of having them manage the HOPWA program. Under the law, the City of Miami is the agency that has to carry out the administration of the program. What it does, we just administer the funds. It doesn't necessarily mean that those applications are for the City of Miami. In fact - and I haven't had a chance to talk to the Manager about it - but it doesn't really matter where the funds are being managed. Anyone who wants to make an application, be it the City of Miami or otherwise, would have the right to make the application. Mr. Odio: Yes, excuse me, Herb, but it's contradictory for me to have to approve an application when I'm totally against it. So if somebody else in the County submits the application... It's putting us in a position... I cannot sign it in good conscience, to keep putting more and more of those facilities in our neighborhoods. That's the problem that I have with this. Vice Mayor Plummer: Can I ask a question? Do they have to go in the neighborhoods? Mr. Odio: The applications that I got here the last time were all... Vice Mayor Plummer: I'm asking the question, do they have to go in residential neighborhoods? Mayor Clark: That's what they applied for, J.L. Vice Mayor Plummer: But, Steve, those we can turn down and make them go into a commercial district. You can't do that? I'm asking the question. Mr. Odio: It's not that... It's not that easy. It's the applicants, you don't control the applicant, and they come in with an application for the northeast. Like I have denied two of them, right? Mr. Bailey: Yeah. Mr. Odio: At one time, two came in from the northeast. Vice Mayor Plummer: But if you turned enough of them down, wouldn't the word get out that if you want to be considered, that you're going to have to go in other than a residential neighborhood? 135 May 1, 1995 Mr. Bailey: Well, you can only make that decision for the City of Miami. Vice Mayor Plummer: Of course, you can. Mr. Bailey: But there are other jurisdictions. We have the County, Miami Beach, Hialeah, and the City of Miami. Those are the areas... Commissioner Dawkins: And Coral Gables. Mr. Bailey: No. Coral Gables is not a part of it. Commissioner Dawkins: They could be. Mr. Bailey: Well, they are the four jurisdictions that we manage, the County, the City of Miami, Hialeah, and Miami Beach. Mayor Clark: The County doesn't want it back? Mr. Bailey: We would love for them to take it back. You can't imagine the difficulty of managing that program. It's a real nightmare. Mayor Clark: Why don't you check with Vidal again, will you? Mr. Odio: OK. But you see, my problem, every time I get an application from one of the neighbors, I'm not signing it, and it's putting us in a position that we are fighting our own selection committee... Mr. Bailey: Well, actually, the applications, we just had a selection and we have approved funding for other jurisdictions. I don't think we have any for the City of Miami in this round, other than the social service programs, which we are approving, not for the housing development, and a lot of social services are involved. And we're now giving out vouchers, because they have contended it takes too long to build a house, and some of them will be dead before we can get a house built, so we're giving out rental vouchers. But we would love to have someone else manage it, and I would be happy if someone would try to have the County reconsider. Mayor Clark: We'll do it. OK. 136 May 1, 1995 ---------------------------------------------------------------------------------------------------------------- 45. SECOND READING ORDINANCE: ESTABLISH CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE PROGRAM (PURSUANT TO STATE HOUSING INITIATIVES PARTNERSHIP ACT [SHIP PROGRAM]) -- DESIGNATE RESPONSIBILITY FOR IMPLEMENTATION 1 ADMINISTRATION OF CITY'S LOCAL HOUSING ASSISTANCE PROGRAM -- CREATE CITY'S LOCAL HOUSING ASSISTANCE TRUST FUND -- CREATE CITY'S LOCAL HOUSING PARTNERSHIP -- ESTABLISH CITY'S AFFORDABLE HOUSING ADVISORY COMMITTEE (AS REQUIRED BY SECTION 420.9076, F.S.) -- ADOPT AFFORDABLE HOUSING INCENTIVE PLAN. Mayor Clark: Item 35. Commissioner Gort: Move it. Vice Mayor Plummer: Second. Mayor Clark: Read the ordinance. If there's no discussion, call the roll. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENTS, PERTAINING TO AFFORDABLE HOUSING IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE PROGRAM PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP ACT (SHIP PROGRAM); DESIGNATING THE RESPONSIBILITY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE PROGRAM; CREATING THE CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE TRUST FUND; FURTHER CREATING THE CITY OF MIAMI'S LOCAL HOUSING PARTNERSHIP; ESTABLISHING THE CITY OF MIAMI'S AFFORDABLE HOUSING ADVISORY COMMITTEE AS REQUIRED BY SECTION 420.9076, FLORIDA STATUES; AND ADOPTING THE AFFORDABLE HOUSING INCENTIVE PLAN; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 137 May 1, 1995 passed on its first reading, by title, at the meeting of March 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Vice Mayor Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11253. 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. ---------------------------------------------------------------------------------------------------------------- 46. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: YWCA OVERTOWN / CULMER CHILD DAY CARE FACILITY REHABILITATION -- APPROPRIATE FUNDS FROM METROPOLITAN DADE COUNTY GRANT ($250,000) -- COMBINE GRANT FUNDS WITH CITY FUNDS ($325,000) FOR CITY TO ADMINISTER / COMPLETE REHABILITATION OF THE OVERTOWN / CULMER CHILD DAY CARE FACILITY. ---------------------------------------------------------------------------------------------------------------- Commissioner Dawkins: Mayor Clark. Mayor Clark: Yes, sir. Commissioner Dawkins: On 36. Vice Mayor Plummer: Yeah, I have some questions. Commissioner Dawkins: Mr. Manager. Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Dawkins: On 36, I think that you said... I'm sorry, I won't say that. I think the City of Miami decided it would get out of the child care business, because we could not afford it. Now, I see here - and I'm going to read to you, sir, what I see - "Combined City funds in the amount of three hundred and twenty-five thousand dollars ($325,000) for the City to administer and complete the rehabilitation of the Overtown Child Care Center Facility." Does that mean that when it's completed that you're going to operate it, or how is it going to be operated, or what? Do they have complete funding for this, or what? Mr. Odio: This is a combination of funding, so that the YWCA (Young Women's Christian Association) of Greater Miami, Incorporated will manage this facility, not this City. 138 May 1, 1995 Mr. Herb Bailey (Assistant City Manager): No, not the City. Commissioner Dawkins: Not the City. We will have no... They will never be back to us for money. Mr. Odio: No, sir, not... not from general fund, but if we get a grant from somebody... Mr. Bailey: Actually, this is replacing the closed child care center from the Booker T. Washington, and we had committed some years ago to have the "Y" take over the jail and put it into some rehabilitative use, because at the moment, it's completely torn down. So the County has contributed part of the funding, and the City, and it would be managed exclusively by the "Y." Once it has been finished, we'll have nothing else to do with it, other than to manage the lease for the property. Commissioner Dawkins: OK. My question to you, Mr. Bailey. Mr. Bailey: Yes. Commissioner Dawkins: Why, when the "Y" was building the new building they are in, they did not put a child care facility in that building? Mr. Bailey: There is a child care facility in the building. It's not adequate. Commissioner Dawkins: So there is a child care facility, and we still need another one. Mr. Bailey: Yes, we do, because Booker T. Washington... Commissioner Dawkins: And what will be the sliding scale for the people in that? What I'm saying, will it serve the people in that area? Mr. Bailey: Yes, yes. It's low income, and it's taking over from what Booker T. Washington closed down. It's next door to it. Vice Mayor Plummer: How many kids will it serve? Mr. Bailey: I don't know exactly, Commissioner. I haven't gotten the operating pro forma from them. Commissioner Gort: They got a lot of kids. Vice Mayor Plummer: Well, understand there's a lot of kids, but are we going to get back for, let's say, City residents, "X" number of kids in there free of charge? I mean, we're talking about... Commissioner Dawkins: In that neighborhood, too, J.L. Vice Mayor Plummer: Well, that's, of course, what I'm talking about. I would assume, if we're coming up with three hundred and twenty-five thousand dollars ($325,000) that we would be allowed to put 30 kids from that neighborhood in that thing, free of charge. There's no free lunches. What's the YMCA (Young Men's Christian Association) going to give back to the City in return for three hundred and twenty-five thousand dollars ($325,000)? 139 May 1, 1995 Mr. Frank Castaneda: Commissioner, most of the kids that participate in this program are Head Start kids, which basically means that the Federal government is paying for their tuition, and most of the kids will be coming from the Overtown area. Mayor Clark: Any further discussion? Motion and a second. Call the roll. An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "YWCA OVERTOWN/CULMER CHILD DAY CARE FACILITY REHABILITATION", AND APPROPRIATING FUNDS THEREFOR FROM METROPOLITAN DADE COUNTY GRANT, IN THE AMOUNT OF $250,000; SAID GRANT FUNDS TO BE COMBINED WITH CITY FUNDS, IN THE AMOUNT OF $325,000, FOR THE CITY TO ADMINISTER AND COMPLETE THE REHABILITATION OF THE OVERTOWN/CULMER CHILD DAY CARE FACILITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 9, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor 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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11254. 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. FIRST READING ORDINANCE: AMEND CODE, SECTION 54-105 (TEMPORARY ENCROACHMENTS) -- PERMIT TEMPORARY FENCE / WALL / HEDGE ENCROACHMENTS WITHIN DEDICATED RIGHTS -OF - WAY. Mayor Clark: Item 37. Mr. Wally Lee (Assistant City Manager): Mr. Mayor and Commissioners, this is an amendment to the Code, permitting encroachments to a dedicated right-of-way. Vice Mayor Plummer: Do you recommend it? - -140 May 4, 1995 - Mr. Lee: Yes, I do, Commissioner and Mayor. Vice Mayor Plummer: I move it. Mayor Clark: Is there a second? Commissioner Dawkins: Under discussion. Mayor Clark: Say it. Commissioner Dawkins: Under discussion. Mayor Clark: Go ahead. Commissioner Dawkins: Does this include Marler Street? Mr. Lee: No, sir, it does not. Commissioner Dawkins: All right. Well, spell that out in here, so that I'll know that it doesn't include that, because here it says... Vice Mayor Plummer: Amend it. Commissioner Dawkins: Sir? Vice Mayor Plummer: Amend it. Commissioner Dawkins: All right. I'll amend it to say that this does not include Marler Street. Mr. Lee: That is fine, Commissioner. A. Quinn Jones, III, Esq. (City Attorney): Marler Avenue, you mean. Marler? Marler? Commissioner Dawkins: Marler. Vice Mayor Plummer: Marlow, M-A-R-L-O-W. Mayor Clark: Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Mayor Clark: Call the roll. Commissioner Dawkins: You also said that each one of these has to come before the Commission on its own merit. Mr. Lee: No, sir, that's not the way the ordinance... They have... Commissioner Dawkins: All right. I amend it to say that it has to come back before the Commission. Mayor Clark: Do you accept that, J.L.? 141 May 1, 1995 Vice Mayor Plummer: Yeah, that's fine. Commissioner Dawkins: Sure. Of course. Read it again, Mr. City Attorney. Vice Mayor Plummer: Bigger agendas. Commissioner Dawkins: That it has to come back before the Commission for each one. Mr. Jones: Hold on, one second. Commissioner Dawkins: OK. Mr. Jones: Why don't we, instead of reading it over, just as amended, with the amendment as stated. Commissioner Dawkins: All right, as amended. And I succinctly told you that, Mr. Lee. Mr. Lee: I don't recall, Commissioner, but that's fine, yes, sir. Commissioner Dawkins: OK, no problem. You can't remember everything. No problem. OK. But I just want you to know that I told you that. Mr. Lee: Yes, sir. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AN ORDINANCE AMENDING SECTION 54-105 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TEMPORARY ENCROACHMENTS"; TO PERMIT TEMPORARY FENCE, WALL AND HEDGE ENCROACHMENTS WITHIN DEDICATED RIGHTS -OF -WAY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. 142 May 1, 1995 -------------------------------------------------- ------------------------------------------------------------- 48. FIRST READING ORDINANCE: AMEND CODE, SECTION 53-161(4) (SCHEDULE OF FEES) -- ESTABLISH REVISED PARKING RATES AT JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC PARKING FACILITY. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 38. Vice Mayor Plummer: Move it. Commissioner Dawkins: Second. Mayor Clark: All in favor... A. Quinn Jones, III, Esq. (City Attorney): Read the ordinance. Mayor Clark: It's an ordinance. Go ahead. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 53-151(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SCHEDULE OF FEES", THEREBY ESTABLISHING REVISED PARKING RATES AT THE JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC PARKING FACILITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Mayor Plummer, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. 143 May 1, 1995 ---------------------------------------------------------------------------------------------------------------- 49. AUTHORIZE CITY MANAGER TO ENTER INTO SETTLEMENT AGREEMENT WITH DADE HELICOPTER SERVICES, INC. AND/OR DADE HELICOPTER JET SERVICES, INC. -- PROVIDE FOR CONSENT JUDGMENT TO BE ENTERED AGAINST DADE HELICOPTER ($33,000) -- AWARD CITY POSSESSION OF PROPERTY PRESENTLY OCCUPIED BY DADE HELICOPTER AT WATSON ISLAND -- PROVIDE FOR STIPULATION BETWEEN PARTIES SETTING FORTH CERTAIN CONDITIONS PERTAINING TO EXECUTION OF JUDGMENT. --------------------------------------------------------------------------------------------------------•-------- Mayor Clark: Item 39. Vice Mayor Plummer: Let me understand. This is a consent decree between the other party and the City. Mr. Eduardo Rodriguez: Yes, sir. Mr. Cesar Odio (City Manager): Yes. Vice Mayor Plummer: It's fully understood. Mr. Rodriguez: It is. Vice Mayor Plummer: I move it. Mayor Clark: Is there a second? Commissioner Dawkins: Second. Commissioner De Yurre: I'd like to hear the particulars of the deal. Mr. Rodriguez: OK. On July 26th, the City Commission adopted Resolution 94-556, directing the City Administration to cancel the helicopter use of Watson Island. So we did that. We went to court with this case, and Judge Michael Solomon referred this matter to mediation on April 12, 1995. As a result of that mediation, we get an agreement, a settlement, that basically establishes the same thing that we want to accomplish, with taking him out of the site. We're going to have a judgment in our hand, and with certain conditions. We're going to get paid two thousand dollars ($2,000) a month, plus ten hours a month flight. Basically, Dade Helicopter waived all his rights on the... if he have any. And on top of that, we also include here to put a police... the option to include Police Department helicopter on the island. If the police need space there, we're going to work together and we're going to have a space there. Commissioner De Yurre: What about the back rent due? Mr. Rodriguez: The back rent due is reduced to 50 percent, Commissioner. Commissioner De Yurre: Which is? Mr. Rodriguez: Thirty-three thousand dollars ($33,000). 144 May 1, 1995 Commissioner De Yurre: How is that going to be paid? Mr. Rodriguez: We're going to have, probably, to answer that legally. How is... Mayor Clark: Food stamps. Commissioner De Yurre: Hello? Ms. Julie Bru: Commissioner, we've agreed Commissioner De Yurre: On the record, on the record. A. Quinn Jones, III, Esq. (City Attorney): On the record, Julie. Ms. Bru: Commissioner, we've agreed to reduce it to thirty-three thousand dollars ($33,000), and it's going... We've also agreed not to execute on that monetary judgment until such time as we take possession of the premises. And as far as the ten hours that he's going to give us of flight time a month, we've agreed to use that at $200 an hour to reduce the money judgment. So. Commissioner De Yurre: So what you're telling me, basically, is that we're not going to see the thirty-three thousand dollars ($33,000). Ms. Bru: Well, yes, yes, we are. We're going to get... Commissioner De Yurre: But we're not going to see the sixty-six thousand dollars ($66,000) either. Mr. E. Rodriguez: Commissioner, we're getting something in return. Before, we had two thousand dollars ($2,000) or ten hours a month. Now, we're going to have two thousand dollars ($2,000) plus ten hours, and that flight, we need it. We take pictures all the time, aerial photographs, and visit to, you know, to sites. Police matters, also, in case of a riot. Commissioner De Yurre: But basically, basically, he's walking away without paying a penny. If you're telling me that the thirty-three thousand dollars ($33,000) are not going to be paid until you enforce that judgment, which means he's going to be out... Mr. E. Rodriguez: We are reducing that with the flight time, you know... Commissioner De Yurre: How many hours have we used it monthly? Mr. E. Rodriguez: Ten hours is the maximum that we can use. Commissioner De Yurre: How much have we used it monthly? Our records indicate how often do we use it? Mr. E. Rodriguez: For one year and a half, we don't use it, because we had this litigation. Commissioner De Yurre: And before the year and a half? Mr. E. Rodriguez: Before, we have months that we used it ten hours, especially in case of an emergency in the City. Police Department uses it heavily, and... you know. Vice Mayor Plummer: Oh, you got more than ten hours. 145 May 1, 1995 Mayor Clark: OK. Commissioner De Yurre: Well, let me tell you, I think we're losing sixty-six thousand dollars ($66,000). That's my feeling on this thing. Mayor Clark: Won't be the first time. Yes, sir, do you want to speak? Vice Mayor Plummer: Well, let me make sure of something here, now, because when I asked whether this was consent... Mr. Manager, you're recommending this? Mr. Odio: I have no choice. We have been fighting this for a year and a half. We do need the helicopter time, we do use it. I just don't see any... If we kick him out, we get zero. Commissioner De Yurre: What about somebody else? I've heard all along for years that we can get people that want to pay up to ten thousand dollars ($10,000) to use that operation. Mr. E. Rodriguez: We cannot. It's Watson Island, and we have the Carollo amendment. Mr. Odio: Commissioner, if we kick them out, outright, we get zero. He just walks away. Commissioner De Yurre: Which we've been getting zero, so it's no difference. Mr. Odio: And this way, we get the two thousand ($2,000) a month... Vice Mayor Plummer: No, you're getting the ten hours a month. Mr. Odio: No. This way we get two thousand ($2,000) a month and the ten hours, which is equivalent to two thousand dollars ($2,000). We're getting four thousand ($4,000) a month, or zero, if we kick them completely out. Commissioner De Yurre: What happens after the tenth hour... Mr. Odio: That's why I had no choice. Commissioner De Yurre: What happens after the tenth hour in a given month? Mayor Clark: Charge the two hundred dollars ($200)... Mr. Odio: We go to the next... Commissioner De Yurre: No, no, no. Let's say that... You're telling me that we get ten hours per month. Mr. Odio: Well, I'm hoping... We're talking about ten hours a month times 12 months, that we can use the 120 hours whenever we choose. Commissioner De Yurre: Well, I want to make sure of that. I don't want it to be... because then, all of a sudden, we... say the eleventh hour, they're going to charging us back, and we end up losing our two thousand dollars ($2,000) that we're getting up front. Mr. E. Rodriguez: That's not the agreement that we have. Mr. Odio: This is not... 146 May 1, 1995 Mr. E. Rodriguez: No. Mr. Odio: It's just ten hours. If we don't use the ten hours, we lose it. Mr. E. Rodriguez: Right. Commissioner De Yurre: OK. I would... I'll go along with this, provided that it runs, you know, continuously, and that we don't get cut off every tenth hour on every given month. That's my... the only way I can go along with this. If not, we get rooked again. Vice Mayor Plummer: OK. Commissioner De Yurre: That's fine. Vice Mayor Plummer: That's fine. That's an amendment. I accept it. Mayor Clark: Put it in the record. Mr. Odio: Wait, wait, wait. Please come and put it on the record. I don't want to come back to the Arbitrator or something. Vice Mayor Plummer: You don't have to put it on the record. If he doesn't agree to it, then no deal. Commissioner De Yurre: Well, I think that's fair. Mr. Bill Terkeurst: My name is Bill Terkeurst. I'm the chairman of Dade Helicopter, and it's fine. Mayor Clark: You accept this agreement. Mr. Terkeurst: Yes. It's fine. Mr. Odio: We're talking about 120 hours a year. Mayor Clark: All right. What do you have... Vice Mayor Plummer: Well, wait a minute. That's not true, either, Cesar. He might not be there a year. It would be cumulative till the time that he vacates. Mr. Terkeurst: Fine. It's always been on an annual basis. Vice Mayor Plummer: OK. Well, annual or whatever, but if... You have a 30 day notice; is that correct? Mr. Odio: But I just want him to know, on the record, the first time he misses the two thousand dollars ($2,000), he is gone, because I'm not going to go through this again. Vice Mayor Plummer: Well, wait, wait a minute. It's in time. Mr. Odio: Is that understood? Mr. Terkeurst: Yeah. 147 May 1, 1995 Mr. Odio: Onetime. Mayor Clark: OK? Vice Mayor Plummer: OK. Mr. Manuel Gonzalez-Goenaga: agreements. Mayor Clark: OK. Next case. Well, if there is an agreement, I believe in peaceful Mr. Gonzalez-Goenaga: But what I do not like to hear is no choice. No, no, no. No choice for Castro, but here, we have a lot of choices, and we don't use them. Mayor Clark: Thank you very much. Mr. Gonzalez-Goenaga: The lack of guts. Mayor Clark: Thank you. All right. Call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-299 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DADE HELICOPTER SERVICES, INC. AND/OR DADE HELICOPTER JET SERVICES, INC. ("DADE HELICOPTER"); PROVIDING FOR A CONSENT JUDGEMENT TO BE ENTERED AGAINST DADE HELICOPTER IN THE AMOUNT O THIRTY THREE THOUSAND DOLLARS ($33,000) AND AWARDING THE CITY POSSESSION OF THE PROPERTY PRESENTLY OCCUPIED BY DADE HELICOPTER AT WATSON ISLAND; FURTHER PROVIDING FOR A STIPULATION BETWEEN THE PARTIES SETTING FORTH CERTAIN CONDITIONS PERTAINING TO EXECUTION OF THE JUDGEMENT. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 148 May 1, 1995 49.1 i ---------------------------------------------------------------------------------------------------------------- 50. AUTHORIZE DIRECTOR OF FINANCE TO PAY GRANITE MANAGEMENT AND DISPOSITION, INC. (SUCCESSOR -IN -INTEREST TO FIRST NATIONWIDE BANK) $300,000, IN EXCHANGE FOR FULL AND COMPLETE ASSIGNMENT OF ALL ITS RIGHT / TITLE / INTEREST IN REAL / PERSONAL PROPERTY AT 1000 SOUTH MIAMI AVENUE (F/K/A FIRE STATION NO. 4), INCLUDING (1) LEASE AGREEMENT BETWEEN THE CITY AND LADDER COMPANY NO. 4, LTD., (2) THE NOTE AND MORTGAGE DOCUMENTS EXECUTED BY THE LADDER COMPANY NO. 4, LTD., AND (3) THE SUBORDINATION AGREEMENT EXECUTED BY THE CITY, SUBJECT TO CONDITIONS -- ALLOCATE FUNDS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Here comes another one. Mayor Clark: Item number 40. Commissioner Dawkins: Move it. Vice Mayor Plummer: I move it, or second it, because we have no choice. Mayor Clark: No discussion, either. Call the roll. Vice Mayor Plummer: I'm telling you. Mayor Clark: Call the roll, Madam Clerk. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-300 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GRANITE MANAGEMENT AND DISPOSITION, INC., SUCCESSOR -IN -INTEREST TO FIRST NATIONWIDE BANK, THE SUM OF $300,000.00, IN EXCHANGE FOR A FULL AND COMPLETE ASSIGNMENT OF ALL OF ITS RIGHT, TITLE AND INTEREST IN THE REAL AND PERSONAL PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE, F/K/A FIRE STATION NO. 4, INCLUDING, BUT NOT LIMITED TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND LADDER COMPANY NO. 4, LTD., THE NOTE AND MORTGAGE DOCUMENTS EXECUTED BY THE LADDER COMPANY NO. 4, LTD., AND THE SUBORDINATION AGREEMENT EXECUTED BY THE CITY AND SUBJECT TO CONDITIONS AS SET FORTH HEREIN; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 149 May 1, 1995 Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 51. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH COMMONWEALTH LAND TITLE INSURANCE COMPANY -- TO PROVIDE PROFESSIONAL SERVICES OF ON-LINE COMPUTER REAL ESTATE PROPERTY SEARCHES -- FOR LAW DEPARTMENT -- FOR APPROX. $75.00 PER PROPERTY SEARCH (NOT TO EXCEED $25,000, TOTAL) -- ALLOCATE FUNDS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: What about the next item, 41? Vice Mayor Plummer: The City Attorney recommends? A. Quinn Jones, III, Esq. (City Attorney): Yes, sir. This is... Vice Mayor Plummer: Move it. Mr. Jones: OK. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll. 150 May 1, 1995 0 01&' The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-301 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COMMONWEALTH LAND TITLE INSURANCE COMPANY, TO PROVIDE PROFESSIONAL SERVICES OF ON-LINE COMPUTER REAL ESTATE PROPERTY SEARCHES, FOR THE DEPARTMENT OF LAW, FOR APPROXIMATELY $75.00 PER PROPERTY SEARCH NOT TO EXCEED $25,000.00 ; ALLOCATING FUNDS THEREFOR FROM INDEX NO. 251113 PROJECT NO. 145001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 52. APPROVE, IN PRINCIPLE, DESIGNATION OF HABITAT FOR HUMANITY OF GREATER MIAMI AS SPONSOR TO UNDERTAKE DEVELOPMENT OF FIVE NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES / INDIVIDUALS OF LOW / MODERATE INCOME ON CITY -OWNED VACANT PARCELS IN MODEL CITY NEIGHBORHOOD, SUBJECT TO PROVISOS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 42. Commissioner Dawkins: Under discussion. Vice Mayor Plummer: Yeah, I got... Mayor Clark: Let's get a motion on it first. Vice Mayor Plummer: I'll move it, but I got a discussion, also. Commissioner Dawkins: Second. Mayor Clark: All right. What's the discussion? 151 May 1, 1995 Commissioner Dawkins: Under discussion. Have you seen the plans of what they're planning to build, what will be the sale price of what they build, and will what they build enhance the neighborhood, the housing stock in that neighborhood? Mr. Jeff Hepburn: Commissioner Dawkins, what this item, basic... What it does, it gives them rights, development rights to those five lots. They still have to go out, get plans done, come back to us, bring it back before the Commission, talk about price, and see what design is all about. We're not doing that today. Mayor Clark: I'll tell you what Mr. Dawkins is talking about. You got two CBS (concrete block structure) homes. They want to come in and build a frame home right in between them. Is that what you're talking about? Commissioner Dawkins: That's what I'm talking about, Mr. Mayor. Mayor Clark: And may devalue the neighborhood. Mr. Hepburn: What we're going to do is work with them during a 12-month period, and see what they come back with. If... Mayor Clark: Is that what you're talking about? Commissioner Dawkins: Why haven't... Why didn't you work with them before they came in here? Mr. Hepburn: Because they haven't expended any dollars on plans, because they don't know if they're going to get the sites. Vice Mayor Plummer: Are they asking us to give the sites free of charge? Mr. Hepburn: Well, that also has to be negotiated when we come back. We're talking about a 12-month period to talk with them in principle about developing five houses in Model City. Commissioner Dawkins: OK. Mr. City Attorney. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir. Commissioner Dawkins: Is it possible to move this on principle, and when they come back with the design and the cost of the unit, then we approve it? Mr. Jones: Well, it's possible, but I don't know what effect approving it in principle and delaying the... Commissioner Dawkins: And I don't know what... OK, well, what I'm saying, it's no sense in me giving them the land if I don't know what they're going to put on it. Mr. Hepburn: No, no. We're not transferring any... We got to come back and get authorization to convey the properties, and at that time, that's when these other issues would be addressed. Commissioner Dawkins: OK. Then I'm within rights to notify, put them on notice that if what they're going to build does not improve the housing stock in that neighborhood, and if what they're building does not sell for what houses are selling for in that neighborhood, I won't approve it. 152 May 1, 1995 Vice Mayor Plummer: Do we know the locations? Mr. Hepburn: Yeah. They're five lots. Vice Mayor Plummer: OK. OK. Mr. Hepburn: All in Model City. Vice Mayor Plummer: OK. All right. Commissioner Dawkins: That's why I'm concerned. I mean, nobody seems to think that the housing stock in Model City should be upgraded. Just anything you put in Model City is all right, because it's Model City, OK? Ms. Anne Manning: If I may... Commissioner Dawkins: And I have a serious problem with it. Ms. Manning: If I might speak to that, Commissioner. Commissioner Dawkins: Ma'am? Ms. Manning: Might I speak to that. Commissioner Dawkins: No, ma'am. I need to discuss this with them. Ms. Manning: OK. Commissioner Dawkins: See, because he's telling me that he's working it out with you. I have to work it out with him. Mayor Clark: All right. Is there a motion on the item? Vice Mayor Plummer: Yes. Mayor Clark: With those caveats and reservations, call the roll. Vice Mayor Plummer: Yes. 153 May 1, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-302 A RESOLUTION, WITH ATTACHMENT(S), APPROVING IN PRINCIPLE, THE DESIGNATION OF THE HABITAT FOR HUMANITY OF GREATER MIAMI, A NOT -FOR -PROFIT CORPORATION, AS SPONSOR TO UNDERTAKE THE DEVELOPMENT OF FIVE (5) NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME ON SEVERAL CITY -OWNED VACANT PARCELS LOCATED IN THE MODEL CITY NEIGHBORHOOD (MORE PARTICULARLY AND LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF), SUBJECT TO SAID CORPORATION PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING; DIRECTING THE HABITAT FOR HUMANITY OF GREATER MIAMI TO PREPARE AND FINALIZE PROJECT PLANS AND SPECIFICATIONS, CONSTRUCTION AND PERMANENT FINANCING, AND CONSTRUCTION SCHEDULE TO BE SUBMITTED WITHIN TWELVE MONTHS OF ADOPTION OF THIS RESOLUTION FOR FINAL CONSIDERATION AND APPROVAL BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 154 May 1, 1995 ---------------------------------------------------------------------------------------------------------------- 53. (Continued Discussion) DISCUSS AND REAFFIRM THAT MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE MANAGER TO PREPARE DRAFT REQUEST FOR PROPOSALS (RFP) FOR DEVELOPMENT OF A BOATYARD AND ANCILLARY MARINE RELATED RETAIL AND RECREATIONAL FACILITIES AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY -- SET PUBLIC HEARING FOR MAY 11, 1995, AT 10:00 A.M. (See label 34) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item 43. Mr. Cesar Odio (City Manager): This is declaring development of improvement of City -owned waterfront property to be Unified Development Project. This the boatyard and the Marine Stadium. Vice Mayor Plummer: Who's writing this U... Mr. Odio: It's just setting the scale for May 11th at ten a.m. Vice Mayor Plummer: Who's writing the RFP (Request for Proposals)? Mr. Herb Bailey (Assistant City Manager): Department of Development. Vice Mayor Plummer: Department of Development. Mr. Bailey: Yes. Vice Mayor Plummer: Are you including in there that these people are subject to ad valorem taxation, as predicated on known factors of today, it will be no less than "X" number of dollars? Mr. Bailey: Yes, OK. Vice Mayor Plummer: That's in there. Mr. Bailey: Yes. Well, that's the State law, really. Vice Mayor Plummer: Well, but, you know, some are saying they didn't realize that, how much it's going to be. Mr. Odio: We heard you the last time. Mr. Bailey: Yeah, we know that. Mr. Odio: We heard you the last time and... Vice Mayor Plummer: OK. Mayor Clark: All right. You move it, J.L.? 155 May 1, 1995 Vice Mayor Plummer: Yes, sir, I'll move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Call the roll. NOTE FOR THE RECORD: THEREUPON, MOTION DULY MTDE BY VICE MAYOR LUMMER AND SECONDED BY COMMISSIONER GORT, THE CITY COMMISSION UNANIMOUSLY REAFFIRMED ITS PRIOR APPROVAL OF A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP A BOATYARD AND MARINE RELATED RETAIL AND RECREATIONAL FACILITIES ON CITY OWNED LAND IN VIRGINIA KEY IS BY UNIFIED DEVELOPMENT PROJECT (UDP) AND AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP); WHICH ITEM WAS PASSED AND ADOPTED AT THE MEETING OF APRIL 27, 1995 (R 95-290). Mayor Clark: Item 44 is withdrawn. Item 45. Vice Mayor Plummer: No, 45 is withdrawn; 44 and 45. ---------- --------------------------------------------- --------------------------------------------------------- 54. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE CONFIRMATION OF SUBORDINATION AGREEMENT BETWEEN CITY OF MIAMI, CODEC, INC. AND BARNETT BANK OF SOUTH FLORIDA, N.A. IN CONNECTION WITH FINANCING OF 150-UNIT MELROSE TOWNHOME PROJECT IN ALLAPATTAH. Mayor Clark: Forty-six. Mr. Cesar Odio (City Manager): This is... 46 is the subordination agreement between the City of Miami and CODEC, Incorporated, and Barnett Bank of South Florida in connection with the financing of the Melrose Town Home Project. Vice Mayor Plummer: Why would we want to subordinate? I mean, those houses are built, right? Mr. Jeff Hepburn: They're currently into phase two. Vice Mayor Plummer: But why would you... When you talk about subordination, you do that prior to starting. Mr. Hepburn: Well, we did do this initially, when the financing and... the whole financing of the project was put together. There were some mistakes made later. The Manager did execute a 156 May 1, 1995 lam, subordination agreement, but we're bringing this back, basically, to get authorization to do so, again. Mr. Odio: Yeah. Barnett Bank notified the City that it had erroneously executed and recorded a satisfaction of mortgage dated May 6th of '94. This is only correcting it. Vice Mayor Plummer: Mr. Mayor, I'd like this to be deferred until the next meeting. Mr. Odio: OK. Vice Mayor Plummer: I'd like to read more on this thing here. This... Mr. Gary Murphree: Could I be heard on this matter? Mr. Hepburn: He's from Barnett Bank. ' Mr. Murphree: Yeah. Vice Mayor Plummer: Well, you can wait till the next meeting. That's when you'll be heard, sir. The motion is to defer. Mayor Clark: Is there a second? Commissioner Dawkins: Second. Mayor Clark: Cast a unanimous ballot. Mr. Odio: It's just correcting an error. THEREUPON, ON MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEM 46 WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 157 May 1, 1995 0 ---------------------------------------------------------------------------------------------------------------- 55. (A) AUTHORIZE CITY MANAGER TO ALLOCATE FUNDING FROM CITY'S FY 1994 HOME INVESTMENT PARTNERSHIP PROGRAM (HOME PROGRAM) -- TO PROVIDE PROJECT PREDEVELOPMENT SUPPORT AND CONSTRUCTION FINANCING TO EACH NEIGHBORHOOD BASED COMMUNITY HOUSING DEVELOPMENT CORPORATION (CHDO) RELATING TO DEVELOPMENT OF APPROX. 102 UNITS OF AFFORDABLE HOUSING IN COCONUT GROVE, LITTLE HAVANA AND OVERTOWN BY: (1) COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, (2) EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, (3) FLORIDA HOUSING COOPERATIVE, INC., AND (4) BAME DEVELOPMENT OF SOUTH FLORIDA, INC. (See label 105) (B) AUTHORIZE CITY MANAGER TO ALLOCATE $1,200,000 FOR TWO AFFORDABLE HOUSING PROJECTS TO BE DEVELOPED BY EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION (SCATTERED SITE TOWNHOUSES PROJECT AND 12-UNIT CONDOMINIUM COMPLEX) FOR HOME OWNERSHIP FOR LOW / VERY LOW INCOME FAMILIES. (C) AUTHORIZE CITY MANAGER TO ALLOCATE $90,000 FOR 18- UNIT CONDOMINIUM APARTMENT COMPLEX PROJECT TO BE DEVELOPED BY FLORIDA HOUSING COOPERATIVE, INC. (D) AUTHORIZE CITY MANAGER TO ALLOCATE FUNDING FOR AFFORDABLE HOUSING TO BE DEVELOPED BY COCONUT GROVE LOCAL DEVELOPMENT CORPORATION AT: (1) 3618 CHARLES AVENUE, (2) 3792 FROW AVENUE, AND (3) 3416 FROW AVENUE. (See label 105) Mayor Clark: Forty-seven. On 47, can I get a motion? Commissioner Dawkins: Move it, and under discussion. I mean after a second. Mayor Clark: All right. Anybody present on this? Commissioner Dawkins: OK, under discussion. Mayor Clark: Go ahead. Commissioner Dawkins: Under the same thing for the Overtown, the Little Havana... Mayor Clark: Coconut Grove. Commissioner Dawkins: ... Coconut Grove. Who's here to speak for those? What's going to be the sale price, Mr. Alexander, of the units that you're building? Mr. David Alexander: The current sales price is about... Mayor Clark: For the record, let's have your name and address. 158 May 1, 1995 pav Mr. Alexander: Yes, sir. Commissioner Dawkins: I'm sorry, Mr. Mayor. Mr. Alexander: David Alexander, executive director of Coconut Grove Local Development. The base price is seventy-nine thousand dollars ($79,000), Commissioner, but we have two other... Commissioner Dawkins: That's compatible with what's in the neighborhood. Mr. Alexander: Right. Commissioner Dawkins: Thank you, sir. That's all. Mr. Alexander: Thank you. Vice Mayor Plummer: Well, wait a minute. I've got a problem with it, Mr. Alexander. Not him, but the... My problem, David, is I'm concerned of giving this money to you to build these units, and I can't see the others getting finished up on Dixie Highway, and I don't want the City to be... whatever the bind is on those, to be in the same bind, that we have houses sitting there, I would say, 80 percent finished, and you know what's going to happen pretty quick. They're going to start getting vandalized. And I don't want the City to get involved in that same scenario. Mr. Alexander: Absolutely. Vice Mayor Plummer: So I've got to ask you, what comfort are you giving this Commission that that's not going to happen to the City money? Mr. Alexander: Two things, Commissioner. One, this is a joint venture deal for the CDC (Community Development Corporation), and the private sector developer has already built one house, and he's in the process of building two more. The third house is privately owned. The owner got burned out, and he's confined, and we're going to build back a house for him, so that price would be different. Commissioner Dawkins: Hold it, hold it, now. Mr. Alexander: So it's different. Commissioner Dawkins: No, it's... Wait a minute. We are supposed to be providing affordable houses for new home ownership, first time ownership. That's what we're supposed to be doing. Mr. Alexander: We went through with the Housing Department, Commissioner. Commissioner Dawkins: Where is that item? Mr. Alexander: The issue involving the house in front of the Fire College, it's an affordable house. The buyer is, in effect, the previous homeowner whom we bought the property from, and we're selling back the house on the site to him. Otherwise, he'll be in a home. He can't afford it. Commissioner Dawkins: OK. You're going to build three homes for a hundred and seventy-six thousand dollars ($176,000). 159 May 1, 1995 EM Mr. Alexander: Yes, sir. Four. Commissioner Dawkins: You can't get four. Four into 17 will not give you 79. Mr. Alexander: Well, there will be... Commissioner Dawkins: Seven times four is two hundred and ten thousand ($210,000). Mr. Alexander: Right. The joint venture partner has already built one on his own lot. That's what happened. So we're getting four for the price of three. Commissioner Dawkins: Well, you're not getting... No, you're not. We will not get four for the price of one. OK? Mr. Alexander: Three. Commissioner Dawkins: You told me you were going to build three houses, one at 3917 Washington Avenue. Mr. Alexander: Yes, sir. Commissioner Dawkins: You're going to build another house at 3618 Charles Avenue. Mr. Alexander: Yes, sir. Commissioner Dawkins: And you're going to build another house at 3792 Frow Avenue. Mr. Alexander: Yes, sir. Commissioner Dawkins: You didn't say nothing in here about a house already built, you're going to pay for it. I expect you with this hundred and seventy-six thousand four hundred and twenty-one dollars ($176,421) to construct three new homes at this site. Mr. Alexander: On those sites, yes, sir. Commissioner Dawkins: You understand that? Mr. Alexander: Yes, sir, absolutely. Commissioner Dawkins: Is that understood by the Housing Department? Is that understood by the Manager? Mr. Odio: Yes, sir. Commissioner Dawkins: Is that how the rest of the Commissioners feel? Vice Mayor Plummer: Yep. Mayor Clark: That's what it says. Commissioner Dawkins: OK? All right. Vice Mayor Plummer: Let me make sure of one other thing. Mr. Alexander, how do you go through a bidding procedure for construction to make sure you get the best price? And I'm going to ask this of all of the others. 160 May 1, 1995 Mr. Alexander: OK. Because... Vice Mayor Plummer: Is there a bidding procedure? Mr. Alexander: There has been a bidding procedure, and we have encouraged local contractors from the Grove to participate, so it's about... 30 percent of the work is coming to Grove contractors. Vice Mayor Plummer: I will ask each and every one of you that are the recipients of money to send me a copy of the bids that you put out. I'd like to see them. c Commissioner Dawkins: One more question, Mr. Alexander, and I'll be finished. Mr. Alexander: Yes, sir. Commissioner Dawkins: On the record, the new house that was completed, what is the address of that house? Mr. Alexander: 36 something Frow Avenue, sir. 3416 Frow Avenue. Vice Mayor Plummer: No. Oh, yeah. It's not that close to Douglas. Mr. Alexander: 3416. Commissioner Dawkins: 3416. Mr. Alexander: Frow, right. Mayor Clark: It's Frow Avenue. Mr. Alexander: We had a ribbon cutting and we invited the Commissioners to attend. Commissioner Dawkins: All right. At the next meeting, bring me what you... something... the drawing for all three of these. Mm-hmm. Vice Mayor Plummer: We're going to have a lottery. Commissioner Dawkins: Yeah. What is the address of the gentleman of the house that's burned down? Mr. Alexander: Washington, is that? Is that right, Andy? That's Washington Avenue. Commissioner Dawkins: That's 3917 Washington Avenue? Mr. Alexander: Yes, sir. Vice Mayor Plummer: Well, wait a minute. Washington, is that in the City? Mr. Alexander: Yes, sir. That's in front of the Fire College, in the City. Vice Mayor Plummer: Oh, OK. That part. Commissioner Dawkins: No, see, you're throwing me a curve. OK? 161 May 1, 1995 Mr. Alexander: I don't think so, Commissioner. Commissioner Dawkins: You're throwing me... You say you're going to build three new houses. Mr. Alexander: Yes, sir. Commissioner Dawkins: Then you come and tell me that this one is burned out, and you're going to replace it, or repair it, or do what to it? Mr. Alexander: We're going to tear it down and replace it with a new house, same model that we're building. Commissioner Dawkins: And then charge this man thirty-nine thousand dollars ($39,000) for allowing you to come in and take his land... You're going to charge him seventy-nine thousand dollars ($79,000) for allowing you to come in and take his land and put something on it, and give it back to him. Mr. Alexander: No, Mr. Commissioner. We don't have that arrangement. I would be... If you would allow me, I'd like to ask Andy Parrish to come and explain it to you. Commissioner Dawkins: No, no. Look... Vice Mayor Plummer: How can they build and sell for seventy-nine thousand ($79,000)... Mr. Alexander: No, he's not going to pay the price, Commissioner, because... Commissioner Dawkins: He's not going to pay anything if you're going to build on his burned out lot. Vice Mayor Plummer: ... when they're only getting a hundred and seventy-nine thousand dollars ($179,000) total? Mr. Alexander: He has to pay the cost of the improvements. That's all he has to pay. Vice Mayor Plummer: Three times eight is two -forty. Commissioner Dawkins: All right. Then therefore, you'll have something left from a hundred... Vice Mayor Plummer: If they sell the houses for eighty thousand ($80,000), OK? And they're getting $179,000 from us, are they getting the land free? From who? Commissioner Dawkins: If we're talking about constructing a new house for seventy thousand dollars ($70,000), and you're going in and you're getting the land free and everything, and then you're going to tell me he's got to pay... What is he going to pay, one third? Mr. Alexander: Fifty-four thousand ninety ($54,090)? Mr. Anthony Parrish: Yes. Commissioner Dawkins: Huh? Mr. Alexander: Fifty-four thousand ($54,000), sir. 162 May 1, 1995 Vice Mayor Plummer: But on the others, where's the land... Mayor Clark: Fifty-four thousand ($54,000). Commissioner Dawkins: Fifty-four thousand ($54,000) out of seventy... out of sixty -some thousand? Mr. Alexander: Right, out of... Commissioner Dawkins: Let him find another site for 3917. We will not give him money for 3917. His LDC (Local Development Corporation) and the private sector will have to find out what they're going to do, and when they come up with another site, they can get a hundred and seventy-six thousand dollars ($176,000) to build four new houses, for new home ownership, for people who have never had a home before, who we are trying to help. Mayor Clark: OK. What's your pleasure? Mr. Parrish: Can I speak for a minute, please, Commissioner? I think that would be a disservice. Commissioner Dawkins: Pull the mike up. Mr. Parrish: My name is Andy Parrish. I'm the joint venture partner for this, the developer of the houses, if you would. The man who owns this is a retired veteran. He's 65 years old. He does own his... He did own his house free and clear. It did burn down two years ago. I contacted him to see if he would sell the lot to me, because I am in the business of building affordable homes in Coconut Grove for people to own; not to rent, for people to own. I contacted him and he said, "Look, I've been waiting for somebody to rebuild my house, to repair it." We went in and inspected the house. It's smoke -damaged throughout, it's burned out throughout, it needs to be demolished. We went to the City. We got a variance for him, because the City required, because he has two front yards, one on Grant and one on Washington. And then he has been waiting for this Commission, hopefully, to allow us to use some of this Community Home Development Office money to rebuild his house. It would provide the construction money for the house. Northern Trust Bank would then provide him a first mortgage for part of it, and then the City, through a... would kind of roll over the construction money into a second mortgage at probably one percent, because he only has eight thousand dollars ($8,000) a year income, and that's the only way this man can get his house rebuilt. Commissioner Dawkins: OK. Number one. Mr. Parrish: There's no other way. Commissioner Dawkins: OK. Number one. How old is the gentleman? Mr. Parrish. Sixty-five. Commissioner Dawkins: Sixty-five. The mortgage will be for how many years? Mr. Parrish: It will be for 30 years. Commissioner Dawkins: Thirty years. Thirty and 60 is how old? Mr. Parrish: He'll be 95. 163 May 1, 1995 Commissioner Dawkins: Now, do you think he can pay for a house at 95 years old? Mr. Parrish: Sir, what we're trying to do... Commissioner Dawkins: Come on, you... Mr. Parrish: Commissioner, what we're trying to do, right now, he's paying three hundred and fifty dollars ($350) a month rent. Commissioner Dawkins: No, no, I don't care what... You're not... Mr. Parrish: And his mortgage payment will also be the same amount. Commissioner Dawkins: No, let me tell you. Let me tell you what I see, OK? You're not helping him, and I'm not going to help you not help him. OK? Now, if you're talking about helping this gentleman because his house is burned out, and you're going to look for some grants and something so that in ten years, the man can pay the house out or something... Mr. Parrish: He has... He has a... Commissioner Dawkins: But I am 70 years old. OK? Mr. Parrish: He has a 20 year old daughter who will inherit the house from him. He has a granddaughter who will... Commissioner Dawkins: A 20 year old to do what, now? Mr. Parrish: He has a 20 year old granddaughter and a great-granddaughter who will be moving into the house with him. He has an 85 year old stepfather who will be moving into the house with him. These people do not have a prayer of getting this house rebuilt. Commissioner Dawkins: Build the house on... Build the house on the strength... Mayor Clark: Wait a minute, wait a minute. Commissioner Dawkins: Yes, sir. Mayor Clark: No argument, now. Commissioner Dawkins: OK. Mayor Clark: Just make your motion and... Commissioner Dawkins: All right. My motion is that they come back with another site for 3917, and that if you are interested in helping the individual so much, you find a way... Mayor Clark: To finance it. Commissioner Dawkins: ... that it can be constructed where a 79 year old or 69 year old, or whatever the gentleman is... Mr. Parrish: We have done that. That's what we have done. 164 May 1, 1995 MR Commissioner Dawkins: ... and his 85 year old... They're income is the one that you're depending on. Mr. Parrish: Yes, sir, that's what we've done. Commissioner Dawkins: ... not a 20 year old, who could move out tomorrow or what have you. Mr. Parrish: No, we're depending only on his income. Commissioner Dawkins: That's my motion. Mr. Alexander: We have another site. We have another site. Mayor Clark: Is there a second to the motion? Vice Mayor Plummer: Well, it's incorporated, but I'll second that individually. Commissioner Dawkins: OK. Mayor Clark: That's one phase of it. All right. Who's the next phase? Mr. Alexander: We have another site. Mr. Parrish: No, we do not, not for this gentleman. Vice Mayor Plummer: Who's over... Commissioner Dawkins: Well, then, you don't want any of them? You said you don't want any of the units? Mr. Parrish: No, sir. I just said for this gentleman, for this 65 year old veteran of both the Army and the Navy, we do not have another site for him. This is his only chance. Commissioner Dawkins: All right. I'm a veteran of the Second World War, I'm a veteran of the Korean War, and I spent 18 years as a merchant seaman. Mayor Clark: All right. Let's hear from the next group. Mr. Alexander: Commissioner... I wonder, Mr. Mayor, could we... Could we ask for an amendment? I think Commissioner Dawkins has a problem with this specific unit. Could we ask you to amend your motion, sir... Mayor Clark: Apparently, he does. Mr. Alexander: ... to take this unit out and leave the others in? Because we can't hold up the process, Commissioner, to find a new piece of property to replace something that we didn't know anything about before today. Commissioner Dawkins: All right. I will accept that, if you put up a cash bond of seventy thousand dollars ($70,000), and I'll accept that. Then when you come up with the other unit, I'll give you your seventy thousand ($70,000) back. If you don't, no problems. Mr. Alexander: Commissioner, I don't have seventy thousand dollars ($70,000) to put up as a cash bond, sir. 165 May 1, 1995 O>+r.• Commissioner Dawkins: But if you are sincere and you know how to do what you're telling me you're going to do, you don't have a problem, because you're going to do what you said you were going to do, so therefore, the seventy thousand dollars ($70,000) is safe. Mayor Clark: All right. Let's move forward. Vice Mayor Plummer: Well, wait a minute, excuse me. Where are we on that one, now? Are we... We're going to give them how much money... Mayor Clark: We're just on these five houses. Now, the rest of them, a hundred and two ($102,000). Vice Mayor Plummer: Steve, what I need to know is, how much are we going to give the Coconut Grove Development Authority to do what with? Commissioner Dawkins: Nothing, until they come here with three units, and then they can have all of it. When he comes here with three sites. We got all kinds of sites. Vice Mayor Plummer: I thought we had three sites plus the burnout. Mayor Clark: No. Commissioner Dawkins: No. Vice Mayor Plummer: No? Mayor Clark: The Washington site is the burned out site. Commissioner Gort: Two sites plus Washington. Vice Mayor Plummer: Two sites plus the burnout? Commissioner Dawkins: Yes, yes. Mr. Alexander: We have four sites, Right, including the burned out house. Mr. Parrish: We have three. I've already built the first. We've got three more. Mr. Alexander: Right. But the first is on list, so tell him that the first is on list. We got four sites, including the burned out house. Vice Mayor Plummer: I'm sorry, I'm confused. Commissioner Dawkins: OK. Go to the next. Who's next? Mayor Clark: All right. Mr. Alexander: We have four sites, Commissioner. Vice Mayor Plummer: It's three sites plus the burnout. Mr. Alexander: Right. 166 May 1, 1995 61&, Vice Mayor Plummer: Is that what it is? Mr. Alexander: That's correct. Commissioner Dawkins: What is the third site? Mr. Parrish: 3416 Frow; then there's 3917 Washington, which is the veteran's home, whose house burned down. Vice Mayor Plummer: That's two. Commissioner Dawkins: I don't even want to discuss... I'm not going to... Mr. Parrish: Then we've got 3792 Frow Avenue... Vice Mayor Plummer: That's three. Mr. Parrish: ... and 3618 Charles Avenue. Commissioner Dawkins: Do not discuss the burned out house at all. Do not put it in the records. I don't want it to come back up. Mayor Clark: OK. Next case. Vice Mayor Plummer: For my edification, are we talking about a hundred and seventy-nine thousand dollars ($179,000) for the three that at this particular time we're approving, and if they find a site for four, they come back for additional? Commissioner Dawkins: No, no, no. They got to find a site for three. Vice Mayor Plummer: They got three. Commissioner Dawkins: They don't have three. Mayor Clark: Yeah, they have three. Vice Mayor Plummer: Excuse me. They've got three, plus the burn out. Now, what are we giving them for three? Mr. Alexander: A hundred and seventy-nine. Vice Mayor Plummer: Please, I'm confused! I'm trying to straighten it out. Mr. Manager, do you understand it? Commissioner Dawkins: Let me see if I can... These are three sites. Mr. Odio: Yes, I do. He doesn't want to rebuild the... Commissioner Dawkins: That's the three sites. Vice Mayor Plummer: He's referring to three site. Commissioner Dawkins: This is the burned out site. 167 May 1, 1995 14a Vice Mayor Plummer: Washington Avenue, Charles and Frow. Where is the fourth one? Mr. Odio: Wait, J.L., J.L., he doesn't want... There are four sites. He doesn't want to rebuild the burned out house, so fund the other three. Vice Mayor Plummer: My question is, we are approving... Where is the third site? Mr. Alexander: Thirty-second and Frow. Mr. Parrish: I've already built one on Frow Avenue. Vice Mayor Plummer: I have 3618 Charles, I have 3792 Frow, forget about the burned out. Where is the third one? Mr. Parrish: 3416 Frow. Vice Mayor Plummer: 3416 Frow. Commissioner Dawkins: Is that one of our... Is that available? Vice Mayor Plummer: OK? Commissioner Dawkins: Hold it. Is that available? See, I... Mr. Hepburn: Well, I'm hearing about this site for the first time. We haven't discussed this one. Commissioner Dawkins: OK. All right. Mr. Hepburn: But if you want to insert it, we'll take a look at it. Mayor Clark: Make a motion to defer this thing. Commissioner Dawkins: I defer this. Let's take this out and defer it until I can get with them, and they can come up and... we come up with something that's agreeable. Vice Mayor Plummer: OK. Commissioner Dawkins: All right. So move. Vice Mayor Plummer: It's better than taking a shot in the dark. Commissioner Dawkins: Yes. Vice Mayor Plummer: OK. Mayor Clark: What's the rest of this resolution? Reverend John White: This is... The Overtown... John White from... Vice Mayor Plummer: How many sites? Reverend White: ... 245 Northwest 8th Street. The Overtown site is the BAME (Bethel African Methodist Episcopal Church) Development Corporation CHDO (Community Housing Development Organization). And we're requesting some home funds for some preconstruction 168 May 1, 1995 costs for some three- and four -bedroom houses in the Overtown Community on Northwest 7th Avenue, 7th Street, and 5th and 3rd Avenue. That's our request. Mayor Clark: What's the amount of that? What is your amount request? Reverend White: A hundred and twenty-five thousand ($125,000). Mayor Clark: How many sites? Reverend White: This is preconstruction costs for some townhouses and some single-family houses, three and four bedrooms. Vice Mayor Plummer: Do we have a breakdown, Reverend, where that money is going? When you say "preconstruction," that doesn't mean we're going to see the fruits of the labor. It means that you're going to work on it. How is that breakdown going to be? Is there a bidding procedure? I need to know. I mean, you know, why should I have to ask these questions? Mr. Hepburn: Commissioner, what they're going... Vice Mayor, what they're going to be doing is, there's going to be a contract signed between the City and their group, called BAME. The Federal government requires it, and you require it. What they're going to use those funds for is to secure surveys, have architectural plans done, there are some zoning issues that have to be addressed, as far as the property, and those kinds of things. And it will be spelled out in a budget in that agreement. Vice Mayor Plummer: OK. Do we have... In other words, is that agreement going to come back to us? Mr. Hepburn: We can bring it back. Vice Mayor Plummer: Well, I think we should. Are they going through a bidding procedure? I mean, you know, look, I don't want to pick up a newspaper next year and see a scandal, and we know that those things can happen, and no reflection here on any one of these individuals. I say, let's protect the City to every possible, reasonable, reasonable extreme we can go to. Now, when you have bidding procedures, usually, that's the way you get the best price for the project. And I would like to see that on any of these things that there's a bidding procedure. So I would ask, for my vote - OK? - that we have a budget, where the money is going, that it's competitively bid out, that they get the best price and then bring it back before this Commission, and we will approve it. Mr. Hepburn: OK. Vice Mayor Plummer: But other than that, you're asking me to vote in the dark, and I don't think that's fair to ask of me. Reverend White: Mr. Vice Mayor. Vice Mayor Plummer: Yes, sir. Reverend White: In fact, in terms of our project, we're in the process, and have selected a bidding group - I mean an architectural group - that is a multiracial group with Clyde Justin (phonetic) being the lead architect. We went out to bid. So in our particular case, we're further along on that part of the process, and I would appreciate if you reconsidering that part of it for us. The other pieces, we'd be happy to bid those. 169 May 1, 1995 L&I Vice Mayor Plummer: Reverend, understand that in Overtown, I would prefer you to get somebody in Overtown who is involved with Overtown. All right? Let's call it like it is. But the point I'm trying to say is, I can't be paying someone, just because I'd like them to be in Overtown, paying them 50, 60 percent more than it would be bidded out. That's the point I'm trying to make. Reverend White: Thank you, appreciate it. Vice Mayor Plummer: OK? Reverend White: We support that. Vice Mayor Plummer: In your particular case, if you've already bidded out, and you have selected, and you feel comfortable with it, we'll have to feel comfortable. But in the future, this is what I think we should have. Reverend White: Thank you. Mayor Clark: So what's the request now? Commissioner Gort: I move it. And at the same time, my understanding is, staff has been working with this organization for quite a while, also, and the track record has been there. Am I correct? Mayor Clark: Is there a second? Vice Mayor Plummer: This is part of the master, Steve. This is part of the overall. Mayor Clark: Not all, but I just want to make sure of that. All right. Now, what's the other part? Little Havana? Vice Mayor Plummer: Who else is involved? Mayor Clark: Little Havana. Your name and address, for the record. Ms. Anita Rodriguez: Yes. Good afternoon. My name is Anita Rodriguez. I'm with the East Little Havana Community Development Corporation. We're part of this agenda item, as we are requesting funding for two projects that we're trying to get construction started on. One is the scattered site townhouses, which I've displayed here on the floor. That's one of the four sites for that particular project. And the other project is a 12-unit condominium complex on 2nd Street, only half a block from where we are completing construction now of Rio Gardens Townhouses. Both of the projects are for home ownership, and I know that's very important to this Commission, and both projects are also affordable to low and very low income families. For one of the projects, in particular, we have the building permit, architectural plans in place, and building permit, and we're ready to go on construction, if this is approved today. And the other project, we're working on finalizing the working plans to pull permit on that. So we would appreciate your support of this matter. Vice Mayor Plummer: I'll move this segment. Mayor Clark: Wait a minute. How much are you asking? What's the amount? Ms. A. Rodriguez: It's one point two million ($1.2 million) for both projects. 170 May 1, 1995 PA, Mayor Clark: You move it, J.L? Vice Mayor Plummer: Yes, sir. Mayor Clark: Second it, Willy? Commissioner Gort: Second. Mayor Clark: Is that all of this project now, all of this motion? Vice Mayor Plummer: No, I think there's one other segment. Where are you from? Ms. Lisette Rodriguez: Florida Housing Co -Op. Vice Mayor Plummer: Yeah, OK, there's one other segment. Mayor Clark: All right. Vice Mayor Plummer: By the way, all of these have been approved by the Department and the Administration. Mayor Clark: Your name and address for the record. Ms. L. Rodriguez: My name is Lisette Rodriguez. I'm the program director for Florida Housing Co -Op. My address is 10356 Southwest 8th Terrace. We're trying to building an 18-unit condominium apartment complex on Flagler Street and loth Avenue. It will be 18 units. We believe the sales price will be fifty-eight thousand dollars ($58,000). An appraisal has been done on this property. The appraisal, I believe it was 60. The appraisal came out for sixty thousand dollars ($60,000) per unit, and we're requesting nine hundred thousand dollars ($900,000) in predevelopment money and construction monies. Mayor Clark: All right. You want to move that, J.L.? Vice Mayor Plummer: I'll move it. Mayor Clark: Is there a second? That's not in here? Commissioner De Yurre: That is only $90,000 that they're asking. Vice Mayor Plummer: Yes, it is. Commissioner Gort: Ninety, right? Commissioner Dawkins: Ninety thousand is what's in here, right? Ms. L. Rodriguez: Yeah, ninety thousand ($90,000), yes. Commissioner Gort: Oh, I thought you said nine hundred thousand ($900,000). Ms. L. Rodriguez: Yeah, I'm sorry. Yeah, my mistake. Vice Mayor Plummer: No, ninety, ninety. Commissioner Gort: Oh, I thought you were trying to scare me. 171 May 1, 1995 Vice Mayor Plummer: No, no, no. Commissioner Gort: I'll second. Mayor Clark: All right. Those were with the first section of this resolution, Mr. Attorney, it's on hold. You know which I mean? Mr. A. Quinn Jones, III (City Attorney): According to Commissioner Dawkins, so far as the Coconut Grove... Mayor Clark: Yeah, section. Mr. Jones: ... section, that was the part you deferred. Mayor Clark: And the rest, we got a motion and a second, so call the roll, Madam Clerk. The following resolution and motions were introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-303 A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 172 May 1, 1995 MOTION NO. 95-303.1 A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDING IN THE AMOUNT OF $1,200,000 FOR TWO AFFORDABLE HOUSING PROJECTS TO BE DEVELOPED BY THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION (A SCATTERED SITE TOWNHOUSES PROJECT AND A 12-UNIT CONDOMINIUM COMPLEX) FOR HOME OWNERSHIP FOR LOW AND VERY LOW INCOME FAMILIES. MOTION NO. 95-303.2 A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDING IN THE AMOUNT OF $90,000 FOR AN 18-UNIT CONDOMINIUM APARTMENT COMPLEX PROJECT TO BE DEVELOPED BY FLORIDA HOUSING COOPERATIVE, INC. (Note for the record: The essence of this motion is incorporated into Resolution 95-303.) MOTION NO. 95-303.3 A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDING FOR AFFORDABEL HOUSIN TO BE DEVELOPED BY COCNUT GROVE LOCAL DEVELOPMENT CORPORATION (CGLDC) ON THREE SITES: (1) 3618 CHARLES AVENUE; (2) 3792 FROW AVENUE; AND (3) 3416 FROW AVENUE. (Note for the record: The essence of this motion is incorporated into Resolution 95- 303. Motion 95-341.1 later instructed the City Manager to purchase the property at 3917 Washington Avenue, which had been part of the original proposal for CGLDC.) Upon being seconded by Vice Mayor Plummer, the resolution and motions were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. - - - - ---173. - - .May.1, 1g95 - 0 u�r. ------------------------------------------- ------------------------------------- ----------------------_------- 56. AUTHORIZE CITY MANAGER TO MAKE PURCHASE OFFERS AND EXECUTE AGREEMENTS WITH OWNERS OF 11 VACANT PARCELS OF LAND WITHIN CITY'S COMMUNITY DEVELOPMENT TARGET AREAS (TOTAL PURCHASE PRICE $106,900) -- FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW / MODERATE INCOME FAMILIES IN CONNECTION WITH SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM -- ALLOCATE FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM -- AUTHORIZE CITY ATTORNEY TO CLOSE ON SUBJECT PARCELS AFTER EXAMINATION OF ABSTRACTS AND CONFIRMATION OF TITLE. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 49. Mr. Cesar Odio (City Manager): Forty-eight, Mr. Mayor. Commissioner Gort: Forty-eight. Some more parcels. Mr. Odio: This is to purchase 11 parcels of real estate property located in the Edison Little River and Model City development target areas. Commissioner Dawkins: Move it. Commissioner Gort: Second. Vice Mayor Plummer: My only question is, is where are we getting the money to do this? Mr. Jeff Hepburn: The acquisition funds are coming from the CD (Community Development) Block Grant program. Vice Mayor Plummer: And we cut the CDBG (Community Development Block Grant) by a million dollars ($1,000,000) in money last year. Mr. Hepburn: This is for a project that dates back, as far as land acquisitions, several years, and we've been spending money over a period of time. Vice Mayor Plummer: And who is going to build this? Mr. Hepburn: The City of Miami will, just like St. Hugh Oaks. Mayor Clark: All right. Motion and a second. If there are no objections to this item, cast a unanimous ballot. 174 May 1, 1995 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-304 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MAKE PURCHASE OFFERS, AS SPECIFIED HEREIN, AND EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OWNERS OF ELEVEN (11) VACANT PARCELS OF LAND LOCATED WITHIN THE CITY'S COMMUNITY DEVELOPMENT TARGET AREAS AND MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT "A", FOR A TOTAL PURCHASE PRICE OF $106,900, SAID PARCELS TO BE USED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PURSUANT TO RESOLUTION NO. 93-444 UNDER PROJECT NO. 705214; AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACTS AND CONFIRMATION OF TITLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 57. APPOINT NINE INDIVIDUALS TO CITY OF MIAMI AFFORDABLE HOUSING ADVISORY COMMITTEE -- DEFINE AFFORDABLE HOUSING PURSUANT TO STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM. (Appointed were: Taylor Kurau, Rafael Cabezas & Joseph Alonso. Pending still are six appointments to be made.) Mayor Clark: Now, we're on item 49. Right? Commissioner Gort: Right. Commissioner Dawkins: Yes, sir. Commissioner Gort: Affordable housing... 175 May 1, 1995 Par, Mayor Clark: These are appointments? Vice Mayor Plummer: Who did I have on... Mr. Cesar Odio (City Manager): This should be an active residential home builder, or an active banker, a representative of labor in the home building area, an advocate for low-income persons. Commissioner Gort: Well, according to what I've read, you assigned an extra team to each one of us. Mr. Odio: Right. Commissioner Gort: My understanding is mine was supposed to be real estate. Mr. Odio: Mayor Clark's is advocate for low-income persons. Mayor Clark: Well, my appointment is Taylor K-U-R-A-U, 2924 Day Avenue. Thomasina Williams was going to be there, but what happened to her? Mr. Odio: Vice Mayor Plummer's is an active residential home builder. Vice Mayor Plummer: Mine will be Cabeza. What's Cabeza's first name? Commissioner Gort: Rafael. Vice Mayor Plummer: Rafael Cabeza. Mr. Odio: Commissioner Dawkins' is an affordable housing provider. Commissioner Dawkins: I'll give it to you in writing by Friday afternoon. Mr. Odio: Yes, sir. Commissioner Gort is a real estate professional. Mayor Clark: OK. You got... Commissioner Gort: I have Mr. Pellon, P-E-L-L-O-N. Humberto Pellon. Mr. Odio: Commissioner De Yurre's is an active banker or mortgage banker. Commissioner De Yurre: Joseph Alonso. Commissioner Dawkins: You said a housing provider, Mr. Manager, I'm supposed to provide? Mr. Odio: An affordable housing provider. And I have to appoint a representative of labor in the home building industry. Mayor Clark: OK. You got them all? A. Quinn Jones, III, Esq. (City Attorney): Mr. De Yurre, could you repeat your appointment again? I'm sorry. Commissioner De Yurre: Joseph Alonso. 176 May 1, 1995 $4., Mr. Jones: Austin? Commissioner De Yurre: Joseph Alonso. Vice Mayor Plummer: Alonso. Commission Gort: Mr. Mayor. Commissioner De Yurre: Do you want me to spell the last name for you? Mr. Jones: Yeah, would you, please? Vice Mayor Plummer: What? Mr. Odio: It's the same as the other one. I'll appoint mine in writing. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: Let me think on this one, because this is a real estate expert that I need to put in there. Let me think about this, and I'll bring it back in writing. Mayor Clark: All right. With those already confirmed, the others, cast a unanimous ballot, Madam Clerk. Vice Mayor Plummer: So be it. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-305 A RESOLUTION APPOINTING NINE (9) INDIVIDUALS TO THE CITY OF MIAMI'S AFFORDABLE HOUSING ADVISORY COMMITTEE AND DEFINING AFFORDABLE HOUSING PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 177 May 1, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 58. AUTHORIZE THE NEGOTIATION OF LOAN IN AGGREGATE AMOUNT NOT TO EXCEED $3,500,000 FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION -- APPROVE EXECUTION / DELIVERY OF LOAN AGREEMENT, WITH PROVISOS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Item number 49. Vice Mayor Plummer: No. We've done 49. Mayor Clark: Item number 50. Vice Mayor Plummer: What is this money for, Mr. Manager? Mr. Cesar Odio (City Manager): Melreese Golf Course renovations, and four hundred thousand dollars ($400,000) was for computer software. Commissioner Dawkins: Computers? Mr. Odio: Software, software. Commissioner Dawkins: More computer money? Mr. Odio: We've been trying to get back into the 21st Century here. Commissioner Dawkins: Yeah, but, you see, I'm with you, OK? But you already told me that you closed out the computer department. Mr. Odio: Yeah. Commissioner Dawkins: You got rid of all the computer people, and now, you're buying computers. Mr. Odio: No, this is software. It's not the... Explain, Mano, what you're doing. Mr. Manohar Surana: We still had to buy computers for the City of Miami. 178 May 1, 1995 Commissioner Dawkins: Say what, now? Mr. Surana: We still had to buy computers for the City of Miami. Mayor Clark: So you got three... Cesar, you got three in there for the... Mr. Surana: This was already approved last year. All we're doing is changing the different kind of loan. The loan was approved last year by the City Commission. Commissioner Dawkins: No, no, no. Forget about the loan. Mr. Surana: Yes, sir. Commissioner Dawkins: It's what you're doing with the loan, see. Don't confuse me. Mr. Surana: All right. The loan will be used, about three point one million dollars ($3.1 million) for the golf course, and four hundred thousand ($400,000) for the computers. Mayor Clark: OK. Vice Mayor Plummer: Now, I have a question. My question is, if we're not going to use the five million dollars ($5,000,000) for Miamarina that we've got from the Florida League of Cities, why are you taking out another loan? Mr. Odio: This is not a new loan. We had to change the way we had borrowed the money before, because since we're going... Let me see. We went out on an RFQ (Request for Qualifications) and we're going to give the Melreese Golf Course to the private sector to manage, and the way we had borrowed the money, we could not use the money that way, so we had to change. Commissioner Dawkins: What private sector are you giving Melreese to? Mr. Odio: You approved a request for... remember... We are trying to award it to the Charles De Lucca and Company. Commissioner Dawkins: Right. That's who I thought was getting it. Mr. Odio: Yes, sir. That's it. But we could not use the money the way we had borrowed before, because of a technicality that the way the money was borrowed from the Florida State League of Cities, we couldn't give it to a manage... Commissioner Dawkins: OK. No further discussion from me. That's all right. OK. Mr. Odio: No, I'm trying... Vice Ma or Plummer: No, I was asking the question, Commissioner, because we've got five million (�5,000,000) sitting there. Mr. Odio: That is separate altogether. We're trying not to build the Bayside Marina. Vice Mayor Plummer: Yeah, because we're making money off of that with arbitrage. Mr. Odio: Right. 179 May 1, 1995 Mayor Clark: All right. Mr. Odio: This is totally separate. Mayor Clark: All right. Motion and a second on this item. Mr. Manuel Gonzalez-Goenaga: May I say something? Mayor Clark: You can say all you want to for two seconds. Mr. Gonzalez-Goenaga: Well, I am glad, Mr. Mayor, and... that I can say all I want to, provided I am not stopped. Well, here we go again. Who said that there is no money, Commissioners? For when they want to find out money, they do find it. So I have said here, before you were here, Mr. Mayor, and before Mr. Gort were here, that the problem here is the lack of trust of the citizens in management. The dilapidating and not good use of the funds that we gather, and we cannot gather from the taxpayer, we suck it from somebody else, but ultimately, it's the taxpayers, because we are the ones who have to pay. And I have said here before - you probably have never heard this - that we have a City Manager who doesn't even have a college title. He purchased it. Mayor Clark: All right, please. Thank you. Thank you. Mr. Gonzalez-Goenaga: It's a fraud. It will be proven in court very soon. Mayor Clark: Thank you. Thank you so much. Motion and a second. Call the roll on this item, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-306 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE NEGOTIATING OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $3,500,000 FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 180 May 1, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 59. ACCEPT PROPOSAL OF LAW ENFORCEMENT PSYCHOLOGICAL & COUNSELING ASSOCIATES, INC. TO PROVIDE PSYCHOLOGICAL PRE- EMPLOYMENT SCREENING / COUNSELING SERVICES -- FOR POLICE DEPARTMENT -- ALLOCATE $133,500 -- EXECUTE CONTRACT FOR ONE YEAR WITH OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, SUBJECT TO AVAILABILITY OF FUNDS. ------------ --------------------------------------------------------------------------------------------------- Mayor Clark: Item 51. Vice Mayor Plummer: I'll move it with a question. Mayor Clark: Well, make it short. Vice Mayor Plummer: Did this go out to a bidding procedure? Ms. Judy Carter: Yes. Vice Mayor Plummer: I don't see the other bids. Mr. Carter: This was not a bid. This was Request for Professional Services, because this represented professional services. Vice Mayor Plummer: How many people bid on this profession? Ms. Carter: We received five responses, and we had a selection committee representative of citizens outside of the City, as well as employees of the City. Vice Mayor Plummer: Who were the citizens outside of the City? Ms. Carter: We had... Vice Mayor Plummer: Who selected them? Ms. Carter: They were selected... This is a Department of Police Procurement. Vice Mayor Plummer: Has no bearing on it. 181 May 1, 1995 Ms. Carter: ... and they identified the following individuals on the committee: Brice Hammerstone, Reverend H. C. Wilkes, Modesto Alberte, Renee Jones from Personnel, as well as Jorge Valladares from Police. So the majority of those individuals were not employees of the City of Miami, as directed by this Commission. Vice Mayor Plummer: And what was the latitude and the parameters of cost? Ms. Carter: We received responses in which the vendor that we're recommending provided two hundred and fifteen dollars ($215) pre -employment testing per candidate, as well as ninety dollars ($90) per hour for individual counselling. Vice Mayor Plummer: It's a hundred and thirty-three thousand ($133,000). What was the lowest bid? Ms. Carter: That is the lowest. Vice Mayor Plummer: That was the lowest bid. Ms. Carter: Yes. The highest went up to fifteen hundred dollars ($1500) per candidate for pre- employment testing, and eighty dollars ($80) per hour for individual counselling. Vice Mayor Plummer: Thank you. I have no further questions, Mr. Mayor. Mr. Manuel Gonzalez-Goenaga: I do have one question. Mayor Clark: You don't have no questions? Vice Mayor Plummer: On this item. Mr. Gonzalez-Goenaga: I do have a few questions. Mayor Clark: Hurry up. Come on, we got a long way... Mr. Gonzalez-Goenaga: No, no, no. To the point and to the heart. Mayor Clark: Sir, I'm telling you to expedite your appearance, or your exit can be immediate. Mr. Gonzalez-Goenaga: My appearance is very simple. I have done thorough studies of the Police Department, and this is not enough. What we need - and let me tell you, this has been approved when Mr. Suarez was here - a review of every single individual in the Police Department, and three hundred thousand dollars ($300,000) were given for that. Now, we come again. We have in the Police Department prostitutes, we have people who - policemen like Barroto, who misappropriates funds, and here is the decision. We have assassins, Emilio Lopez, Pablo Camacho, and they are still earning a salary at our own expense. If we don't change this, and fast, let me tell you, the citizens are going to head up in arms against the police. It's you against the citizens. Mayor Clark: Thank you, sir. Mr. Gonzalez-Goenaga: Thank you very much. Mayor Clark: Motion and a second on the item. Call the roll, Madam Clerk. What? 182 May 1, 1995 1�1) `N Vice Mayor Plummer: Let's ask. Where are we? Mayor Clark: We're calling the roll right now. Vice Mayor Plummer: On 51? Mayor Clark: Yeah. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-307 A RESOLUTION ACCEPTING THE PROPOSAL OF LAW ENFORCEMENT PSYCHOLOGICAL & COUNSELING ASSOCIATES, INC., TO PROVIDE PSYCHOLOGICAL PRE -EMPLOYMENT SCREENING AND PSYCHOLOGICAL COUNSELING SERVICES FOR THE POLICE DEPARTMENT, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A PROPOSED ANNUAL COST OF $133,500.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET AS FOLLOWS: $122,000 FROM ACCOUNT CODE NO. 290201-270 AND $21,500 FROM ACCOUNT CODE 290201-260; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, ON MOST FAVORABLE TERMS AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A ONE YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE, TERMS, AND CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS, AND THEREAFTER 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.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 183 May 1, 1995 ---------------------------------------------------------------------------------------------------------------- 60. CLASSIFY 15 CITITES: SURPLUS SANITATION TRUCKS AND 10 SURPLUS CARS AS CATEGORY "A" SURPLUS STOCK (SHOULD SUCH VEHICLES BECOME AVAILABLE) -- DONATE SAME TO SISTER CITIES MANAGUA, NICARAGUA, PORT-QU-PRINCE, HAITI AND SAN JOSE, COSTA RICA. -- EXECUTE APPROPRIATE RELEASE DOCUMENTS -- STIPULATE THAT TRANSPORTATION / PACKING / SHIPPING COSTS WILL BE SOLE RESPONSIBILITY OF MANAGUA. Mayor Clark: Fifty-two. Vice Mayor Plummer: Mr. Manager, I just spoke with Commissioner Dawkins. He had put this issue on here. Somehow or another - I guess it's a lack of communication - I have an interest, as I expressed to you before, in reference to the City... Commissioner Dawkins. No, this is not my item, J.L. Mr. Cesar Odio (City Manager): It's not his item. Commissioner Dawkins: It's not my item. Vice Mayor Plummer: Oh. Oh, I'm sorry. I have... As you know, the representative of the President of Costa Rica, who is here in town, who is very desirous of purchasing - not donation - purchasing this equipment when it becomes available in August. They've been over to Ron's, they've seen the equipment, and they are waiting to know when it would be available, and what the prices are to be set by GSA. Mr. Odio: Let me see how many we got. Commissioner Dawkins: All right. Wait. Before we see how many you have, whose item is this? Mr. Odio: It was us. We brought this here. Commissioner Dawkins: And "us" decided to... "Us" was going to donate these trucks to Managua. "Us" decided that. Mr. Odio: Managua had requested in writing from us, from the City, that if we had any... I have the letter here from the Mayor of Managua... Commissioner Dawkins: OK. All right. Mr. Odio: ... requesting the... a sister City. Commissioner Dawkins: All I'm saying is... OK, let me say either you sell them all to who's going to pay for them... Vice Mayor Plummer: San Jose, yeah. Commissioner Dawkins: ... or you give this many to Managua and you reserve this many for me to give to Haiti. 184 May 1, 1995 Mr. Odio: How many do we have? Vice Mayor Plummer: What I would... Let me give you a suggestion, Commissioner. Commissioner Dawkins: Don't argue about it, no argument. I mean, either that's the way we do it, or we don't. Vice Mayor Plummer: What I was going to suggest... Commissioner Dawkins: Mm-hmm. Vice Mayor Plummer: ... that what of them are not sold to a sister city program be made available for Haiti and Managua. Commissioner Dawkins: Which ones is not sold. Haiti has no money, as a Sister City, to buy any. Vice Mayor Plummer: I'm saying the ones that are not sold would be given free of charge to Managua and to Haiti. Commissioner Dawkins: But the ones... But there... Say that again, J.L. Vice Mayor Plummer: The ones that are not sold... Commissioner Dawkins: Yes. Vice Mayor Plummer: ... that can be... the City can get money back for, the ones that are not sold, they would be given to Managua and to Haiti free of charge. Commissioner Dawkins. Haiti has no money. Vice Mayor Plummer: Free of charge. Commissioner Dawkins: Wait. Haiti has no money to purchase any trucks with. Haiti has a need for trucks. The person that you're talking about has money to buy all of the trucks. Therefore, nobody would get any trucks free. Mr. Ron Williams (Assistant City Manager): We expect to have, Mr. Manager, at least 100 cars, and possibly... Vice Mayor Plummer: No, no, no. We're talking about garbage trucks, right? Mr. Williams: Garbage trucks. I would expect we would have a minimum of 15 to 20, Commissioner Dawkins. Commissioner Dawkins: Hey, so we... I have no problem with selling four, giving four to Managua and giving four to Haiti, and then, as J.L. Plummer said, anybody can buy the excess. But I feel guilty saying that sell them to a country that can pay for them, and have two countries here that appear... Vice Mayor Plummer: Let me ask you... Commissioner Dawkins: ... which appear not to be able to purchase them and say they can't get any. 185 May 1, 1995 Mayor Clark: No, no, just hold on a minute. Let's straighten this up. How many do they need in San Jose? Vice Mayor Plummer: Mr. Mayor, they don't know how many are going to be available. They have indicated at this point that they'll take... Mayor Clark: How many do you have total? Vice Mayor Plummer: They don't know. Mr. Williams: Total, Mr. Mayor, I'm saying, minimum, 15. Mayor Clark: All right. Give a... Sell a third. Commissioner Dawkins: That's right. Mayor Clark: And give two thirds to Managua and to... Commissioner Dawkins: Haiti. Mayor Clark: ... Haiti. Commissioner Dawkins: That's right. Vice Mayor Plummer: Now, as far as the cars are concerned, Mr. Mayor, there will be an approximate... Mayor Clark: They don't need cars in Haiti, I don't think. Vice Mayor Plummer: There will be more cars than... There's almost a hundred cars. So giving ten to this item is no problem. Mr. Mayor, I would go ahead and say that if you're going to have 15, give them... San Jose is a Sister City. Mayor Clark: Right. Vice Mayor Plummer: Give them free, also. Mr. Cesar Odio (City Manager): Montes de Oca, which is... Vice Mayor Plummer: Hey, just give all three cities four each, a third, a third and a third, that's right. Mayor Clark: That's right. Mr. Williams: Are we talking Port -Au -Prince? Commissioner Dawkins: That's right. I have no problem with that. Vice Mayor Plummer: That's fine. Do it that way. And then anything over that would be sold; is that correct? Commissioner Dawkins: That's correct. 186 May 1, 1995 0 Mr. Williams: To clarify, Mr. Manager, on the garbage trucks, we're saying one third, one third, one third, Managua, Port -Au -Prince, and... Vice Mayor Plummer: San Jose. Mr. Williams: ... San Jose. Vice Mayor Plummer: That would be five each, is what you're saying. Mr. Williams: Right. Vice Mayor Plummer: Anything after those 15 would be sold to the person who comes with the biggest check. Mayor Clark: That's right. They need garbage trucks, now. Commissioner Dawkins: And draw your list, now. One good one here, good here, then another good one, good one here. Don't have all the good ones here, and all the bad ones over here. Mr. Williams: I hear you, Commissioner Dawkins. Commissioner Dawkins: All right, sir. OK, sir. Mr. Williams: What... On the cars? Vice Mayor Plummer: The cars, I have no problem with selling, giving ten to Managua. There's going to be a hundred total. Mayor Clark: We don't need this resolution. Mr. Manager, we don't need this resolution, then. Mr. Odio: Yes, sir, we do. Fifty-two? Commissioner Dawkins: Move it. Mr. Odio: Well... Mayor Clark: No. Commissioner Gort: Change it to four - five. Mr. Odio: We'll change it. We'll change it to five. Vice Mayor Plummer: Yeah. Commissioner Dawkins: Move it with the amendments. Mayor Clark: All right. Cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-308 A RESOLUTION CLASSIFYING FIFTEEN (15) SURPLUS SANITATION TRUCKS AND ONE -HUNDRED (100) SURPLUS CARS AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH VEHICLES BECOME AVAILABLE; FURTHER DONATING FIVE (5) SANITATION TRUCKS OF SAID SURPLUS STOCK, IF AVAILABLE, TO EACH OF THE FOLLOWING SISTER CITIES FOR USE IN THEIR MUNICIPAL SANITATION AND INSPECTION EFFORT: MANAGUA, NICARAGUA, PORT -AU -PRINCE, HAITI AND SAN JOSE, COSTA RICA, SUCH DONATIONS TO BE VALID AND EFFECTIVE BETWEEN MAY 1, 1995 AND APRIL 30, 1996; DIRECTING THAT THE REMAINDER OF SAID CLASSIFIED STOCK BE OFFERED FOR SALE TO SAID SISTER CITIES; FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE RELEASE DOCUMENTS AND STIPULATING THAT TRANSPORTATION, PACKING AND SHIPPING COSTS WILL BE THE SOLE RESPONSIBILITY OF THE INDIVIDUAL SISTER CITIES. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mr. Odio: Fifty-three is withdrawn, Mr. Mayor. 61. ACCEPT BID: ROYAL RENT -A -CAR -- FOR FURNISHING AUTOMOBILE RENTAL SERVICE FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($602,880) -- EXTEND CONTRACT FOR ONE YEAR, AT SAME PRICE / TERMS / CONDITIONS, SUBJECT TO AVAILABILITY OF FUNDS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Fifty-four. Was this bid out? Ms. Judy Carter: Yes, sir, and I'd like to make a correction. Commissioner Dawkins: Move it. Ms. Carter: City of Miami vendor, not a Dade County vendor. 188 May 1, 1995 4. Commissioner Dawkins: OK. Move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: With no exception, cast a unanimous ballot. Vice Mayor Plummer: How many people... Let me ask a question, Mr. Mayor. How many people actually bid on this? Ms. Carter: We received two responses from Royal Rent-A-Car and Inter -American. Vice Mayor Plummer: And what was the difference between the two? Commissioner Dawkins: Two dollars. Vice Mayor Plummer: Twenty-four thousand? Ms. Carter: Six -twenty-eight versus six forty-eight. Mayor Clark: Wait a minute. Ms. Carter: Inter -American did not bid on Option A. Vice Mayor Plummer: You know, every year, Mr. Mayor, I say the same thing. This year, it's up to six hundred thousand ($600,000) instead of a half a million dollars. Those people out there are begging for business, and we only get two bidders. Something is radically wrong. Mayor Clark: Do we need this today? Ms. Carter: Yes. Chief R. Martinez: Yes, sir. Commissioner... Commissioner Dawkins: These are the people who went out and got... Vice Mayor Plummer: Mr. Mayor, that's the way they do it every year. They come here at the very last minute and say, you got to do it immediately, because if you got to look into it... Mayor Clark: Let me tell you, I don't mind going for this, but if I hear one more complaint out of anybody about Royal, which I have in the past... And this department has made those complaints because they just go from... Vice Mayor Plummer: I'll move to defer if you want to. Mayor Clark: I want to find out if... You do business with them now? Lt. Joseph Longueira: Yes. We have Royal now, sir. Mayor Clark: How many complaints have you had about them? You need surveillance cars and everything else, and you got two... Chief Martinez: Originally, when we first got the contract with Royal, there were some complaints about them being able to supply the number of vehicles that we needed. 189 May 1, 1995 Vice Mayor Plummer: Yeah, and the insurance. Chief Martinez: And the insurance. Vice Mayor Plummer: Oh, yeah. Chief Martinez: That has all since been worked out. Basically, they've been providing the vehicles that we need, and have been able to supply the replacement vehicles as we need them. Commissioner Dawkins: Mr. Mayor. Vice Mayor Plummer: I'd like to defer it, Mr. Mayor. I really would. Commissioner Dawkins: Are these the same vehicles that got the money that we just gave to the Law Enforcement Trust Fund and the upper part? These are the same vehicles that were used when they confiscate drugs and all? These are the same vehicles? Vice Mayor Plummer: Some of them. Commissioner Dawkins: Some of them? Vice Mayor Plummer: Yeah. Commissioner Dawkins: Undercover people use these vehicles. Lt. Longueira: Yes, yes, sir. Yes. Commissioner Dawkins: All right. That's our drug.., everybody. And now, we're going to talk about hold the money, don't give it to them and what have you. I don't know what we're doing. Lt. Longueira: Commissioner, just two points. This contract is a reduction of over a hundred thousand dollars ($100,000) from last year, and we're down from a hundred cars down to 80 cars - over a hundred cars down to 80. We're reducing the number of cars and the overall contract is a reduction. OK. Commissioner De Yurre: Also, Mr. Mayor, one other... They've come here before, and we touched upon this issue, why we only have a couple of bidders on this type of scenario. And what they've told us time and time again is that the people in this industry, they don't want to be exposed to the wear and tear they are given in this particular situation by the Police Department. They don't want to get involved with that, because when they resell these cars, then they can't get what it's worth in the market. Ms. Carter: That's true. Lt. Longueira: Commissioner, we're also looking at an alternative on some of the cars that don't need the high turnover of leasing of cars. We're looking at that now, and we hope that will result in a reduction in the cost, and with more bidders, because the leasing option, more people would want to do that. Vice Mayor Plummer: The City's got major problems, and we just keep spending money. OK. I would still like to see a list of all of the people who were sent prospective bids and asked to bid on it, because I'd like to write these people and ask them why they didn't bid. 190 May 1, 1995 Mayor Clark: Mr. Gort. Commissioner Gort: So move. Commissioner Gort: I agree with J.L. I think somehow, we should try to find out why, when we sent out 33 forms, we only got back two. There's got to be a reason, and we'd like to know. Mayor Clark: We'll find out. It's been deferred. Motion to defer, Madam Clerk, cast a unanimous ballot. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO.95-309 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 54 (PROPOSED RESOLUTION TO ACCEPT BID OF ROYAL RENT -A -CAR FOR AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS). (Note for the Record: This motion was reconsidered and the item, as presented, later passed as R-95-311.) Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Next item, 55. Commissioner Gort: Police dogs. Lt. Longueira: You're deferring the item? Vice Mayor Plummer: No. No, the item is not deferred. It's approved. Commissioner Dawkins: Yeah, they deferred it. Vice Mayor Plummer: Oh, I wanted it deferred, but I thought the talk was that it wasn't going to be. Commissioner Dawkins: No, the Mayor said it's deferred. Mayor Clark: No, I just asked. I thought you deferred it. Commissioner De Yurre: I move to approve it. Vice Mayor Plummer: No, no, approve it is fine. Go ahead. I mean you... Go ahead and approve it. 191 May 1, 1995 0 A. Quinn Jones, III, Esq. (City Attorney): You need a motion to reconsider. Mayor Clark: You're getting the letters back, though. Mr. Jones: Motion to reconsider. Mayor Clark: You have a motion to reconsider? Vice Mayor Plummer: Yeah, fine. Vote yes. Mayor Clark: OK. Cast a unanimous ballot on that, Madam Clerk. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-310 A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION 95-309, WHICH HAD DEFERRED AGENDA ITEM 54 (PROPOSED RESOLUTION TO ACCEPT BID OF ROYAL RENT -A -CAR FOR AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS), (Note for the Record: This item was immediately thereafter passed and adopted as R-95- 311.) Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Vice Mayor Plummer: Move to approve. Commissioner Gort: We'd still like to get the information. Mayor Clark: Sir? Commissioner Gort: I'd still like to get the information we requested. Vice Mayor Plummer: Very definitely. Ms. Carter: Yes, sir. Commissioner Gort: Thank you. Mayor Clark: All right, Cast a unanimous ballot on the new motion. 192 May 1, 1995 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-311 A RESOLUTION ACCEPTING THE BID OF ROYAL RENT -A -CAR FOR THE FURNISHING OF AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS FOR A PERIOD OF ONE YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT OF POLICE AT A TOTAL ESTIMATED ANNUAL COST OF $602,880.00; ALLOCATING FUNDS THEREFOR FROM THE FOLLOWING SOURCES: 1) LAW ENFORCEMENT TRUST FUND, PROJECT NO.690001, INDEX CODES 290.931-610 ($1,256), 290933- 610 ($7,536), 290981-0610 ($474,768), 290933-610 ($13,816), ($7,536), SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED; 2) SPECIAL REVENUE FUNDS: PROJECT NO. 133001, INDEX CODE NO. 290448-610 ($7,536); PROJECT NO. 110060, INDEX CODE NO. 290463-610 ($37,680); PROJECT NO. 142005, INDEX CODE NO. 290455-610 ($45,216); PROJECT NO. 110068, INDEX CODE NO. 290470-610 ($7,536); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT 4 THE SAME PRICE, 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 Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 193 May 1, 1995 ---------------------------------------------------------------------------------------------------------------- 62. AUTHORIZE PURCHASE OF FIVE K-9 POLICE DOGS FROM METRO- DADE K-9 SERVICES (UNDER EXISTING CITY OF MIAMI BEACH BID NO. 3-94/95) -- FOR POLICE DEPARTMENT -- ALLOCATE $20,000. Mayor Clark: OK, on item 55. Vice Mayor Plummer: Does this include the training? Mayor Clark: It's police dogs. Ms. Judy Carter: Yes, sir, yes, sir, it includes the training. Vice Mayor Plummer: Move it. Mayor Clark: Is there a second? Commissioner Gort: I thought you said it was ten thousand dollars ($10,000). Second. Mr. Cesar Odio (City Manager): They talk, they talk. They're talking dogs. Vice Mayor Plummer: Does that include braces? Mayor Clark: Don't joke about this, now, it's too sensitive. Cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-312 A RESOLUTION AUTHORIZING THE PURCHASE OF FIVE (5) K-9 POLICE DOGS FROM METRO-DADE K-9 SERVICES UNDER EXISTING CITY OF MIAMI BEACH BID NO. 3-94/95 FOR A TOTAL PROPOSED AMOUNT OF $20,000 FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM SAID DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-875; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 194 May 1, 1995 Pg., Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 63. ACCEPT BID: BLAKE CHEVROLET, BUICK & GEO, INC. -- FOR FURNISHING A CHEVROLET SUBURBAN -- FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE $23,177. Mayor Clark: Item 56. Vice Mayor Plummer: Move it. Mayor Clark: There's a motion. Is there a second on item 56? Commissioner Gort: Yes, there is. Mayor Clark: Cast a unanimous ballot, Madam Clerk. 195 May 1, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-313 A RESOLUTION ACCEPTING THE BID OF BLAKE CHEVROLET, BUICK & GEO, INC. FOR THE FURNISHING OF A CHEVROLET SUBURBAN AT A TOTAL PROPOSED AMOUNT OF $23,177.00 FOR THE DEPARTMENT OF PUBLIC WORKS; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 310301-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS VEHICLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ----------------------------------------------------------------------------------------------------------- 64. ACCEPT BID: METRO TECH. EQUIPMENT CORP. -- FOR FURNISHING AN ASPHALT PATCH TRUCK -- FOR PUBLIC WORKS DEPARTMENT (OPERATIONS) -- ALLOCATE $104,532. Mayor Clark: Fifty-seven. Vice Mayor Plummer: Move it. You got to have an asphalt truck. Oh, my God, how could we live without an asphalt truck. Mayor Clark: Patch truck. Motion and a second. Cast a unanimous ballot, if there's no exception. Commissioner Gort: Does this mean we're finally going to get all the streets paved, and all of that, fixed up? Vice Mayor Plummer: Yeah. Don't hold your breath. Mr. Wally Lee (Assistant City Manager): Patched, Commissioner. 196 May 1, 1995 P&:. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-314 A RESOLUTION ACCEPTING THE BID OF METRO TECH. EQUIPMENT CORP. FOR THE FURNISHING OF AN ASPHALT PATCH TRUCK FOR THE DEPARTMENT OF PUBLIC WORKS -OPERATIONS, AT A TOTAL PROPOSED COST OF $104,532.00; ALLOCATING FUNDS THEREFOR FROM SAID DEPARTMENT'S FY '94-95 NEW EQUIPMENT BUDGET, ACCOUNT CODE NO. 310501-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS VEHICLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. --------------------------------------------------------- ------------------------------------------------------ 65. ACCEPT BID (TOTAL BID OF PROPOSAL): GLORIA & OLGA ENTERPRISES, INC. -- FOR REEVES PARK BUILDING RENOVATION B- 6232 (SECOND BIDDING) -- ALLOCATE FUNDS ($105,363) FROM CIP 331344 & 331389 -- EXECUTE CONTRACT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Fifty-eight. Reeves Park building. Vice Mayor Plummer: Move it. Commissioner Dawkins: Second. Mayor Clark: With no exception, cast a unanimous ballot. 197 May 1, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-315 A RESOLUTION ACCEPTING THE BID OF GLORIA & OLGA ENTERPRISES, INC., IN THE PROPOSED AMOUNT OF $87,000 TOTAL BID OF THE PROPOSAL FOR "REEVES PARK BUILDING RENOVATION B-6232 SECOND BIDDING; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331344 IN THE AMOUNT OF $55,363 AND PROJECT NO. 331389 IN THE AMOUNT OF $50,000 AS APPROPRIATED BY THE 1994-1995 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, INCLUDING ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $105,363.00; 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.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 66. ACCEPT BID (TOTAL BID): VENECON, INC. -- FOR PROJECT: CHEERLEADERS RESTROOM AND LOCKER ROOM 11 AT ORANGE BOWL, B-6236 (SECOND BIDDING) -- ALLOCATE FUNDS ($69,000 - CONTRACT COST, PLUS $14,416 - ESTIMATED EXPENSES, TOTALING $83,416) -- EXECUTE CONTRACT. Mayor Clark: Fifty-nine. Vice Mayor Plummer: Eighty-three thousand dollars for cheerleaders. Mr. Cesar Odio (City Manager): Well, you know, no. Commissioner Gort: For the locker room. I've got a question on this, Mr. Mayor. Mayor Clark: All right. Mr. Wally Lee (Assistant City Manager): Yes, Commissioner. 198 May 1, 1995 14., Commissioner Gort: All the people that bid on this, they understand the type of work and the type of material they have to use? Because there's a lot of differences among the bids. Mr. Lee: Commissioner, if you'll turn to your formal bid detail, we had nine bids. Commissioner Gort: Right. Mr. Lee: The lowest was sixty-nine thousand ($69,000). The next one was seventy thousand eight hundred and sixty ($70,860). The third lowest was seventy -six -eight ($76,800). The fourth lowest was ($78,000). The fifth was seventy-eight thousand five hundred ($78,500). The sixth was seventy thousand -nine -fifty-eight ($78,958). Commissioner Gort: My question is, everything was specified, the material that had to be used, and so on and all that? Mr. Lee: Yes, absolutely. We had no protests, sir. Vice Mayor Plummer: What happens if we don't get a Canadian football team? Mr. Odio: This was promised... Mr. Lee: To the University of Miami. Mr. Odio: ... to the University of Miami a long time ago. Vice Mayor Plummer: Oh, OK. Commissioner Dawkins: Hold it. May 1, Mr. Mayor? Mayor Clark: Yes, sir. Commissioner Dawkins: If we do not get a Canadian football team, we still owe it to our prime lessee, the University of Miami, to make it as comfortable and as nice for them as we do recruiting anybody else. Mayor Clark: Right on, right on. Cast a unanimous ballot. Vice Mayor Plummer: Oh, boy, listen to that one, would you. 199 May 1, 1995 $0, The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO.95-316 A RESOLUTION ACCEPTING THE BID OF VENECON, INC. IN THE PROPOSED AMOUNT OF $69,000.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "CHEERLEADERS RESTROOM AND LOCKER ROOM II AT ORANGE BOWL, B-6236" (SECOND BIDDING); ALLOCATING FUNDS THEREFOR FROM THE ORANGE BOWL OPERATING BUDGET, NO. 350503-340 IN THE AMOUNT OF $69,000.00 TO COVER THE CONTRACT COST AND $14,416.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $83,416.00; 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.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 67. ACCEPT BID (TOTAL BID): LEADEX CORPORATION -- FOR MOORE PARK TRACK RENOVATION PROJECT B-6237 (SECOND BIDDING) -- ALLOCATE FUNDS ($197,860 - CONTRACT COST, PLUS $16,493 - ESTIMATED EXPENSES, TOTALING $214,353) FROM CIP 331380 -- EXECUTE CONTRACT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Number 60. Vice Mayor Plummer: Whew! Wow. Move it. Commissioner Gort: Yes. Commissioner Dawkins: Second. Commissioner Gort: Let me tell you, I invite you all to go walk with those people at six o'clock in the morning every day. Mayor Clark: You got this all straightened out, Wally? 200 May 1, 1995 4., Mr. Wally Lee (Assistant City Manager): Yes, sir, I did, and we had four bidders, Commissioner, no protests. Commissioner Dawkins: Sixty-one? You moved 61? Mayor Clark: No, 60. Commissioner Dawkins: Sixty. Second. Mr. Odio: We saved money on that one. Mr. Lee: Yes, we did. Mayor Clark: Sixty-one... Cast a unanimous ballot on 60, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-317 A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION, IN THE PROPOSED AMOUNT OF $197,860.00, TOTAL BID OF THE PROPOSAL, FOR MOORE PARK TRACK RENOVATION PROJECT B-6237 (SECOND BIDDING)"; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 331380, AS APPROPRIATED BY ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF $197,860.00 TO COVER THE CONTRACT COST AND $16,493.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL PROJECT COST OF $214,353.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 201 May 1, 1995 Ila, ---------------------------------------------------------------------------------------------------------------- 68. AUTHORIZE INCREASE ($10,000) IN CONTRACT WITH DESIGN AWNING AND STRUCTURES, INC. -- FOR PROJECT: BAYFRONT PARK AMPHITHEATER - CANOPY REPLACEMENT -- ALLOCATE FUNDS (CIP 332060). Mayor Clark: Bayfront Park Amphitheater canopy replacement. Vice Mayor Plummer: Mr. Dawkins. Mr. Dawkins. Commissioner Dawkins: Yes. Vice Mayor Plummer: I second it. Commissioner Dawkins: Yes, sir. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-318 A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF $10,000 IN THE CONTRACT DATED JUNE 14, 1994, WITH DESIGN AWNING AND STRUCTURES, INC., THEREBY INCREASING SAID CONTRACT FROM $169,224 TO $179,224 FOR THE PROJECT ENTITLED "BAYFRONT PARK AMPHITHEATER - CANOPY REPLACEMENT"; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, PROJECT NO. 332060. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 202 May 1, 1995 --------------------------------------------------------------------------------------------------------------- 69. RESCIND R-90-651 (WHEREBY CONSTRUCTION CONTRACT WAS AWARDED TO AND SUBSEQUENTLY DEFAULTED UPON BY JORGE LARRAURI, G.C., FOR PROJECT: MORNINGSIDE PARK - IRRIGATION SYSTEM [SECOND BIDDING]) -- ACCEPT BID (TOTAL BID) OF JAFFER ASSOCIATES LTD. -- FOR MORNINGSIDE PARK IRRIGATION SYSTEM REPAIRS AND COMPLETION OF THE EXISTING IRRIGATION SYSTEM -- ALLOCATE FUNDS ($55,578 - CONTRACT COST, PLUS $10,112 - ESTIMATED EXPENSES, TOTALING $65,690) FROM CIP 331338 (CITYWIDE IRRIGATION PROJECTS). Mayor Clark: Sixty-two. Vice Mayor Plummer: Move it. Commissioner Gort: Morningside. Second. Mayor Clark: With no exception, cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-319 A RESOLUTION RESCINDING RESOLUTION NO. 90-651, ADOPTED SEPTEMBER 7, 1990, WHEREBY A CONSTRUCTION CONTRACT WAS AWARDED TO AND SUBSEQUENTLY DEFAULTED UPON BY JORGE LARRAURI, G.C., FOR THE PROJECT ENTITLED "MORNINGSIDE PARK - IRRIGATION SYSTEM (SECOND BIDDING)" (THE PROJECT); AUTHORIZING THE CITY MANAGER TO NULLIFY THE CONTRACT BETWEEN THE CITY OF MIAMI AND JORGE LARRAURI, G.C., FOR SAID PROJECT; FURTHER ACCEPTING THE BID OF JAFFER ASSOCIATES LTD., IN THE PROPOSED AMOUNT OF $55,578, TOTAL BID FOR "MORNINGSIDE PARK IRRIGATION SYSTEM REPAIRS AND COMPLETION OF THE EXISTING IRRIGATION SYSTEM; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331338, "CITYWIDE IRRIGATION PROJECTS", AS APPROPRIATED BY FISCAL YEAR 1994-95 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, IN THE AMOUNT OF $55,578 TO COVER THE CONTRACT COST AND $10,112 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $65,690. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 203 May 1, 1995 4j,R:. Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 70. APPROVE SELECTION BY COMPETITIVE SELECTION COMMITTEE OF MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR CITY OF MIAMI PROJECTS 1995-96 -- AUTHORIZE CITY MANAGER TO NEGOTIATE PROFESSIONAL SERVICE AGREEMENTS WITH: (1) THE FIVE TOP RATED PROFESSIONAL ARCHITECTURE FIRMS, AND (2) THE THREE TOP RATED LANDSCAPE ARCHITECTURE FIRMS -- TO PROVIDE PROFESSIONAL AND TECHNICAL SERVICES • DIRECT MANAGER TO PRESENT NEGOTIATED AGREEMENTS TO COMMISSION FOR APPROVAL PRIOR TO EXECUTION. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Sixty-three. Vice Mayor Plummer: Move it. Commissioner Gort: That's the architectural service. Second. Mayor Clark: Cast a unanimous ballot. 204 May 1, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption. RESOLUTION NO. 95-320 A RESOLUTION APPROVING THE SELECTION BY THE COMPETITIVE SELECTION COMMITTEE OF THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR CITY OF MIAMI PROJECTS 1995-96; AUTHORIZING THE CITY MANAGER TO NEGOTIATE PROFESSIONAL SERVICE AGREEMENTS WITH THE FIVE TOP RATED PROFESSIONAL ARCHITECTURE FIRMS AND THE THREE TOP RATED LANDSCAPE ARCHITECTURE FIRMS TO PROVIDE PROFESSIONAL AND TECHNICAL SERVICES; DIRECTING THE CITY MANAGER TO PRESENT NEGOTIATED AGREEMENTS TO THE CITY COMMISSION FOR APPROVAL PRIOR TO EXECUTION THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 205 May 1, 1995 A.A. ---------------------------------------------------------------------------------------------------------------- 71. AUTHORIZE CITY MANAGER TO EXECUTE SIX AGREEMENTS WITH: (1) WOLFBERG/ALVAREZ AND PARTNERS, (2) METRIC ENGINEERING, INC., (3) B.A. CARMONA AND ASSOCIATES, (4) ELEANOR CARNEY ENGINEERING ASSOCIATES, INC. (5) A.D.A. ENGINEERING, INC., AND (6) C.A.P. ENGINEERING CONSULTANTS, INC. -- TO PROVIDE PROFESSIONAL GENERAL ENGINEERING SERVICES FOR 1995-96 IN CONJUNCTION WITH CITY OF MIAMI PROJECTS -- AUTHORIZE MANAGER TO EXECUTE FOUR AGREEMENTS WITH: (1) CAMP DRESSER & MCKEE, INC., (2) CH2M HILL, INC., (3) METRIC ENGINEERING INC., AND (4) ELEANOR CARNEY ENGINEERING ASSOCIATES, INC. -- TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES FOR 1995-96 IN CONJUNCTION WITH CITY OF MIAMI PROJECTS -- ALLOCATE FUNDS. Mayor Clark: Item 64. Commissioner Gort: Architectural service. Vice Mayor Plummer: Move it. Mayor Clark: Is there a second? Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot, Madam Clerk. 206 May 1, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-321 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE SIX AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND WOLFBERG/ALVAREZ AND PARTNERS, METRIC ENGINEERING, INC., B.A. CARMONA AND ASSOCIATES, ELEANOR CARNEY ENGINEERING ASSOCIATES, INC., A.D.A. ENGINEERING, INC., AND C.A.P. ENGINEERING CONSULTANTS, INC. TO PROVIDE PROFESSIONAL GENERAL ENGINEERING SERVICES FOR THE 1995-96 CALENDAR YEARS IN CONJUNCTION WITH CITY OF MIAMI PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FOUR AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI AND CAMP DRESSER & MCKEE, INC. CH2M HILL, INC., METRIC ENGINEERING INC., AND ELEANOR CARNEY ENGINEERING ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES FOR THE 1995-96 CALENDAR YEARS IN CONJUNCTION WITH CITY OF MIAMI PROJECTS; ALLOCATING FUNDS THEREFOR FROM THE PROJECT ACCOUNTS AS PREVIOUSLY APPROPRIATED FOR SAID PROJECTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 72. DISCUSSION CONCERNING CODE ENFORCEMENT VIOLATION FINES (VICENTE MARRERO). Commissioner De Yurre: Mr. Mayor, I have with me here Mr. Vicente Marrero, who is the president of Palenques Investment Corporation. And he has an item - he's coming up here now - he has an item with a Code Enforcement issue. And understanding that we cannot dictate here what to do with Code Enforcement, with the Code Enforcement Board, he is going to be appearing before the Code Enforcement Board later on this month. And he had some violations which he took care of a few years ago, but, yet, he had a tab that ran at two hundred and fifty dollars ($250) a day, unbeknownst to him, and it became two hundred and thirty thousand dollars ($230,000), on a small apartment unit, building that he has. Right now, he has worked 207 May 1, 1995 PS.- out an agreement with the City Attorneyys Office of paying the 15 percent minimum that we require, which is thirty-four thousand ($34,000). Vice Mayor Plummer: How much? Mayor Clark: How much? Commissioner De Yurre: Thirty-four thousand, the 15 percent minimum requirement that we said that we would not settle for less, unless it be brought here before us. Mr. Marrero is in a position that he's willing, in order to resolve this matter, to pay the sum of ten thousand dollars ($10,000) towards the cost. Vice Mayor Plummer: Ten thousand? Commissioner De Yurre: Well, let me tell you, what he had was minimal, like... Vice Mayor Plummer: That's five percent. Commissioner De Yurre: Well, what he had, J.L., so you understand, was like things that had to do with exit signs, and little things that were not major, but that as soon as he had the violation plugged in, it ran at two hundred and fifty dollars ($250) a day. It cost him about a hundred dollars to make the repairs, just to show you just how minimal it was. Vice Mayor Plummer: Well, Victor, if I may, I'd like to ask a question of the Code Enforcement, why he was not made aware that these fines were building up every day. Then because if they are, I want to tear up Code Enforcement for not doing what they're supposed to do. Commissioner De Yurre: Well, I believe that... Vice Mayor Plummer: So somebody dropped the ball, and I want to know who and why. Mr. Carlos Smith (Assistant City Manager): Commissioners, after found guilty by the Code Enforcement Board, they are... a Code Enforcement order is sent to the individual, the violator, to notify them that they have been found guilty, and what the penalty is per diem. And I believe the letter also... Vice Mayor Plummer: Well, I mean, is he trying to indicate that he never received it? Mr. Smith: No. I think what he's indicating... Commissioner De Yurre: Well, he has said that, J.L. - let me just follow up with this - that he hadn't received it. There's the green slip, as far as a certified letter being sent. However, the person that signed it was not he, nor one of his employees at the place. So they have not been able to identify who actually received that letter, if anyone at all. And let me tell you, I had a personal experience the other day where they delivered a package to my home, and they said that I had signed it, and I wasn't even home. The guy had forged my own signature, the company delivering it. So needless to be said, you know, he's willing to remedy this problem, he's willing to offer 110,000, and basically, it would be us just making a recommendation to the Code Enforcement Board to take that into consideration. Mayor Clark: They don't have to honor it, though, do they? Commissioner De Yurre: No, they don't. 208 May 1, 1995 Vice Mayor Plummer: Well, my problem, Victor, is in... whether, in this particular case, you're setting a precedent. Mr. Cesar Odio (City Manager): I can recommend something. Vice Mayor Plummer: And that's... My problem is the precedent. Mr. Odio: I may want to recommend something. Vice Mayor Plummer: If he had a code... If he had a fine of two hundred and - what was it? - thirty thousand dollars ($230,000), and they're willing to go to the fifteen... Under the new code, it doesn't go to that much. Victor, may I ask... Let's send this to the Manager, and let him come back and make a recommendation. Commissioner De Yurre: Well, he has a recommendation, so. Mr. Odio: I'm going to recommend that he pays ten thousand dollars ($10,000), and that we send it to the board for their approval. The Code Enforcement Board has to approve it. Vice Mayor Plummer: Mr. Manager... Mayor Clark: And then what you're going to do... Mr. Odio: That we agree to mitigate it to ten thousand dollars ($10,000). Mayor Clark: And then what you're going to do, then, anybody that owes any money, they're going to expect you to get... Vice Mayor Plummer: That's right. You're going to have everybody up here. Mr. Odio: I... That's true, that's true. I take it back. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: My understanding is, from going to the Code Enforcement meetings, that an individual like him, if he's had that problem, and nobody can prove that he has been notified, the board has taken that into consideration, and they have reduced it. Vice Mayor Plummer: That's right. He needs to demonstrate that. Commissioner Gort: So my understanding is, I think you should go back to the board, and if he can demonstrate that he was not notified, and he was not aware of it, and the board cannot prove that they notified him and he was aware of it, the board can reduce it to whatever they want. Vice Mayor Plummer: And then they should. Commissioner Gort: If we start doing this, we're going to have... And you got a lot of calls, I get a lot of calls, and I send them back to the board. Vice Mayor Plummer: Well, and I think... 209 May 1, 1995 Commissioner Gort: Because we could create problems for ourselves. Vice Mayor Plummer: ... under the new ordinance, that won't happen, because under the new ordinance, the first month is 15 percent; the second month, it's 25; the third month, it's 35, and immediately starts foreclosure action. So in the future, there's not going to be any of this "We weren't notified," because every month, you're going to be notified it's gone up another ten percent, or it's ten percent less you can mitigate, and on the third month, it's going to be foreclosure. So we're going to give some clout to this board. OK? Bring it back? Bring it back. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 73. RATIFY CITY MANAGER'S FINDING THAT A VALID EMERGENCY EXISTS -- WAIVE COMPETITIVE SEALED BIDS CONCERNING REPLACEMENT OF SHENANDOAH PARK POOL BUILDING ROOF -- ALLOCATE FUNDS ($50,000) FROM CIP 331360 (SHENANDOAH PARK IMPROVEMENTS). ---------------------------------------------------------------------------------------------------------------- Mayor Clark: What other pockets do you have? Commissioner De Yurre: That's it. Commissioner Dawkins: I have two, Mr. Mayor, please. Mayor Clark: All right. Go right ahead. Commissioner Dawkins: This one is for Mr. Albert Ruder. A resolution waiving by a 4/5ths affirmative vote of the members of the City Commission formal competitive sealed bidding procedures for the replacement of the Shenandoah Park pool building roof, estimated at a cost not to exceed fifty thousand dollars ($50,000), ratifying, approving and confirming the City Manager's finding that a valid public emergency exists, justifying such waiver for said replacement, and I so move. Vice Mayor Plummer: Second. Commissioner Dawkins: All right. Mayor Clark: Cast a unanimous ballot, Madam Clerk. 210 May 1, 1995 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-322 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 THAT A VALID PUBLIC EMERGENCY EXISTS JUSTIFYING THE WAIVING OF FORMAL COMPETITIVE SEALED BIDDING PROCEDURES FOR THE REPLACEMENT OF THE SHENANDOAH PARK POOL BUILDING ROOF, ESTIMATED AT A COST NOT TO EXCEED $50,000.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331360, ENTITLED "SHENANDOAH PARK IMPROVEMENTS"; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID ROOF REPLACEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 74. RECOGNIZE CANBOULEY '95, A CARIBBEAN STYLE CARNIVAL FESTIVAL, AS AN OFFICIAL EVENT IN THE CITY OF MIAMI, TO BE CONDUCTED BY CARIBBEAN CANBOULAY OF MIAMI, INC. AND COSPONSORED BY CITY OF MIAMI, WITH PROVISOS. ---------------------------------------------------------------------------------------------------------------- Commissioner Dawkins: The second one is the AT&T, in order to sponsor, co-sponsor or give money to the Camboulay Festival, Caribbean Festival, we need a resolution recognizing as an official event in the City of Miami, Camboulay '95, a Caribbean style carnival festival to be held at downtown Miami, Florida, in October 1995, said event to be conducted by Caribbean Camboulay Corporation, and co -sponsored by the City of Miami. I'd like to add, without putting in here, that our co-sponsorship does not include money. Mayor Clark: Do you move it? Commissioner Dawkins: Yes, sir. Mayor Clark: Second? 211 May 1, 1995 Vice Mayor Plummer: But we will be the auditing and the disburser of the funds? Commissioner Dawkins: Yes. Vice Mayor Plummer: OK. I want to make sure of that. Mayor Clark: Cast a unanimous ballot. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 95-323 A RESOLUTION RECOGNIZING AS AN OFFICIAL EVENT IN THE CITY OF MIAMI, CANBOULAY '95, A CARIBBEAN STYLE CARNIVAL FESTIVAL TO BE HELD IN DOWNTOWN MIAMI, FLORIDA, IN OCTOBER, 1995, SAID EVENT TO BE CONDUCTED BY CARIBBEAN CANBOULAY OF MIAMI, INC. AND CO- SPONSORED BY THE BY THE CITY OF MIAMI; SAID CO-SPONSORSHIP UPON THE FOLLOWING: (1) NO FUNDS SHALL BE ALLOCATED BY THE CITY FOR SAID EVENT; (2) THE CITY SHALL CONDUCT AN AUDIT; AND (3) THE CITY SHALL DISBURSE ALL FUNDS ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. --------------------------------------------------------- ------------------------------------------------------ 75. (Continued Discussion) APPOINT LAURA PEREZ TO THE AFFIRMATIVE ACTION ADVISORY BOARD. (Pending still is one appointment to be made.) (See label 13) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Mr. Gort. Commissioner Gort: Yes, sir. My understanding is I had to bring this in front of you. My Affirmative Action Advisory Board appointment is Ms. Laura M. Perez. Vice Mayor Plummer: Lila (sic) M. Perez. Mayor Clark: That's your a pocket? 212 May 1, 1995 Commissioner Gort: Yes, sir. Vice Mayor Plummer: All right. Mayor Clark: Second the motion. Cast a unanimous ballot. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 95-324 A RESOLUTION APPOINTING TWO (2) INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR A TERM OF OFFICE AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------- --------------------------------------------- --------------------------------------- 76. GRANT REQUEST BY CHRIST EPISCOPAL CHURCH FOR WAIVER OF FEES FOR USE OF COCONUT GROVE CONVENTION CENTER IN CONNECTION WITH A DANCE TO BENEFIT SCHOLARSHIP PROGRAM (MAY 26, 1995). Vice Mayor Plummer: All right, ready? Mr. Mayor, the Christ Episcopal Church is holding a fund-raising event for May the 26th. They're all celebrating their new pastor that they have, and they would like the Coconut Grove Convention Center, and the waiver of the fee for such. I so move. A. Quinn Jones, III, Esq. (City Attorney): Wait, wait, wait. Vice Mayor Plummer: Wait, wait, wait. Mr. Jones: You said that... Who is it for, now? Vice Mayor Plummer: Christ Episcopal Church. Mr. Jones: OK. You can't waive the fees, because that would be tantamount to... 213 May 1, 1995 4., Commissioner Gort: It's a church. Commissioner Dawkins: Church and State. Vice Mayor Plummer: It's not a religious ceremony. Commissioner Dawkins: Church and State. Mr. Jones: What is it, then? Vice Mayor Plummer: It's a dance. Mr. Jones: Oh, it's a dance? OK. Well, it's no problem then. Vice Mayor Plummer: It's a dance, yeah, for the scholarship program. Mr. Jones: No problem. Vice Mayor Plummer: The proceeds go to scholarships. I move it, Mr. Mayor. Mayor Clark: Second. Cast a unanimous ballot, with no exception. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-325 A RESOLUTION RELATED TO A FUND-RAISING EVENT TO BENEFIT CHRIST EPISCOPAL CHURCH'S SCHOLARSHIP PROGRAM; WAIVING THE RENTAL FEE ON MAY 26, 1995 FOR USE OF THE COCONUT GROVE EXHIBITION CENTER FOR SAID EVENT; SAID WAIVER CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 214 May 1, 1995 Wt- Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 77. CLASSIFY THREE INOPERABLE SURPLUS POLICE DEPARTMENT MOTORCYCLES AS CATEGORY "A" STOCK FOR DONATION TO COSTA RICA (EFFECTIVE APRIL 27, 1995 - APRIL 26, 1996) -- EXECUTE APPROPRIATE RELEASE DOCUMENTS -- TRANSPORTATION / PACKING / SHIPPING COSTS TO BE SOLE RESPONSIBILITY OF COSTA RICA. Vice Mayor Plummer: The next item is to clarify one that was before about motorcycles. There were three that were crashed, to be used for parts. A resolution classifying three inoperable surplus Police Department motorcycles, Stock A, donating the same to Costa Rica, such donation to be valid and effective between April 27, '95 and April 26, '96, upon the execution of the appropriate release documents. Transportation, packing, shipping costs be to the sole responsibility of Costa Rica. I so move. Is there a second? Commissioner Gort: Second. Mayor Clark: OK. Cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-326 A RESOLUTION CLASSIFYING THREE (3) INOPERABLE CITY OF MIAMI POLICE MOTORCYCLES AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH VEHICLES BECOME AVAILABLE; STIPULATING THAT IN SUCH CASE, SAID MOTORCYCLES SHALL BE DONATED TO SAN JOSE, COSTA RICA, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN APRIL 27, 1995 AND APRIL 26, 1996, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS AND THAT ALL TRANSPORTATION, PACKING AND SHIPPING COSTS WILL BE THE SOLE RESPONSIBILITY OF SAID RECIPIENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 215 May 1, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ----------------------------------------------------------------------------------------------------------- 78. AUTHORIZE CITY MANAGER TO EXECUTE TEMPORARY EASEMENT AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (F.D.O.T.) -- IN ORDER TO HARMONIZE / MATCH GRADE OF F.D.O.T. RAMP ON STATE ROAD A-1-A TO BICENTENNIAL PARK. Mayor Clark: What else? Vice Mayor Plummer: A resolution... Mr. Mayor, this is because of the MacArthur Causeway Bridge. The Florida Department of Transportation is requiring a resolution with the attachments authorizing the City Manager to execute a temporary easement agreement in substantially the form attached hereto as Exhibit A between the State of Florida Department of Transportation and the City of Miami on property legally described on Exhibit A for the purpose of harmonizing and matching the grade of the FDOT's ramp on State Road Number AlA to that of Bicentennial Park; directing the City Clerk to transmit a copy of this resolution to the Department of Transportation, Florida Department. I so move. Commissioner Dawkins: Second. Mayor Clark: Cast a unanimous ballot, Madam Clerk. Vice Mayor Plummer: And by the way, all of these come with the recommendation of the Manager. 216 May 1, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-327 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY EASEMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT "A", BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("F.D.O.T.") AND THE CITY OF MIAMI ON PROPERTY LEGALLY DESCRIBED ON EXHIBIT "A" FOR THE PURPOSE OF HARMONIZING AND MATCHING THE GRADE OF THE F.D.O.T.'S RAMP ON STATE ROAD NO. A-1-A TO THAT OF BICENTENNIAL PARK; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. (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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 79. AMEND R-95-232 -- FOR 100 VISUAL LIGHT SYSTEMS AND ACCESSORIES (UNDER EXISTING CITY OF ST. PETERSBURG BID NO. 4151) -- FROM MORAN EQUIPMENT CORPORATION AT PROPOSED AMENDED COST OF $156,699.70 -- ALLOCATE FUNDS FROM SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION TAX EXEMPT COMMERCIAL PAPER REVENUE NOTES. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Hold on. A resolution... This is to clarify a previous resolution because of the amount that was involved. It's for lights on top of the police cars. A resolution authorizing the amendment of Resolution Number 95-232, which was passed and approved on March 27, '95, for 100 visible light systems and accessories under existing City of Saint Petersburg Bid Number 4151 from Moran Equipment Corporation, a proposed amendment cost of one fifty-six six ninety-nine seventy, allocating funds therefore from the Sunshine State Governmental Financing Commission Tax Exempt Commercial Paper Revenue Notes, authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order for this equipment. I so move. Commissioner Gort: Second. 217 May 1, 1995 Mayor Clark: Any exception? Hearing none, cast a unanimous ballot. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-328 A RESOLUTION RELATED TO THE PURCHASE OF VISUAL LIGHT SYSTEMS FOR POLICE DEPARTMENT VEHICLES; AMENDING RESOLUTION NO. 95-232, ADOPTED MARCH 27, 1995, TO AUTHORIZED THE PURCHASE OF COMPLETE VISUAL LIGHT SYSTEMS AND ACCESSORIES FOR INSTALLATION ON POLICE VEHICLES, SAID SYSTEMS TO INCLUDE THE PURCHASE OF SMART SIREN LIGHT BARS FROM MORAN EQUIPMENT CORPORATION, AS PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 95-232, FOR A TOTAL PROPOSED AMOUNT OF $156,699.70 FOR THE ENTIRE SYSTEM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. --------------------------------------------------------------------------------------------------------------- 80. ACCEPT BID: DIAMOND NEON SUPPLY -- FOR FURNISHING GERBER EDGE THERMAL PRINTER COLOR SCANNER PERIPHERAL COMPUTER EQUIPMENT AND SITE TRAINING -- FOR DEPARTMENT OF GSA -- ALLOCATE FUNDS ($20,008.45). Vice Mayor Plummer: A resolution authorizing... Well, this one can come later. A resolution accepting the bid of the Diamond Neon Supply for furnishing of a Gerber Edger thermal printer, color scanner, peripheral computer equipment and site training for the Department of General Services Administration and Solid Waste, Property Maintenance Division, at a total cost of twenty thousaand eight dollars, forty-five cents ($20,008.45), allocating funds from FY '94/95 account number 420401-840, authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order for the acquisition of same. I so move. Commissioner Dawkins: I second that. And what object code and what pot of money is that that you read... Vice Mayor Plummer: It's out of Ruder, Parks and Recreation account number 420401-840. 218 May 1, 1995 [4:, Commissioner Dawkins: Parks and Recreation's got no money. Mr. Albert Ruder: It's the property maintenance... Commissioner Dawkins: Parks and Recreation has no money. Where is the money coming from? Mr. Cesar Odio (City Manager): Property Maintenance. Mr. Ruder: It's the Property Maintenance account. Vice Mayor Plummer: Property Maintenance. Commissioner Dawkins: OK. Thank you, sir. Vice Mayor Plummer: All right. Mayor Clark: Cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-329 A RESOLUTION ACCEPTING THE BID OF DIAMOND NEON SUPPLY, INC., FOR THE FURNISHING OF A GERBER EDGE THERMAL PRINTER, COLOR SCANNER, PERIPHERAL COMPUTER EQUIPMENT AND SITE TRAINING FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, PROPERTY MAINTENANCE DIVISION, AT A TOTAL PROPOSED COST OF $20,008.45; ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1994-95 ACCOUNT CODE NO. 421601-840; 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 Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 219 May 1, 1995 of^, ---------------------------------------------------------------------------------------------------------------- 81. AUTHORIZE USE OF COMMITTEE OF THE WHOLE (C.O.W.) ROOM BY THE AD HOC COMMITTEE FAMILY REUNIFICATION PROGRAM, INC., OPERATION ANGEL PROJECT, A PUBLIC / PRIVATE PARTNERSHIP CREATED TO HELP RELOCATE CUBAN AND HAITIAN REFUGEES ARRIVING FROM U.S. NAVAL BASE, GUANTANAMO, CUBA -- EXECUTE NECESSARY DOCUMENTS. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: The final one, Mr. Mayor, that I have, because it's closest to my heart, and I guess, to my office, a resolution authorizing the use of the Committee of the Whole Room on the first floor of City Hall by the Ad Hoc Committee Family Reunification Program, Inc., Operation Angel Project, a unique public/private partnership created to help relocate the Cuban and Haitian refugees arriving from the United States Naval Base in Guantanamo, Cuba; further authorizing the City Manager to execute any necessary documents in a form acceptable to the City Attorney for this purpose. I so move. Mayor Clark: Second? Commissioner Gort: Second. Mayor Clark: With no exception, Madam Clerk, cast a unanimous ballot. Vice Mayor Plummer: Thank God, that's the last one that I have. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-330 A RESOLUTION AUTHORIZING THE USE OF THE COMMITTEE OF THE WHOLE (COW) ROOM ON THE FIRST FLOOR OF CITY HALL BY THE AD HOC COMMITTEE FAMILY REUNIFICATION PROGRAM, INC. FOR THE "OPERATION ANGEL" PROJECT, A UNIQUE PUBLIC -PRIVATE PARTNERSHIP CREATED TO HELP RELOCATE THE CUBAN AND HAITIAN REFUGEES ARRIVING FROM THE UNITED STATES NAVAL BASE IN GUANTANAMO, CUBA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 220 May 1, 1995 BIAS* Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 82. DISCUSSION CONCERNING RENTAL OF A FORKLIFT AT MARINE STADIUM MARINA ($34,000). (See label 107) Mr. Cesar Odio (City Manager): I have one, Mr. Mayor. It's important. Commissioner Dawkins: Wait now. The Manager just... J.L. Plummer just read yours. Now you got another one. Mr. Odio: Those were his. Vice Mayor Plummer: All but one. All but one. Mr. Odio: No, this is very important, Commissioner. Vice Mayor Plummer: Christ Episcopal Church was mine. Mr. Odio: When we took over the boatyard at the Marine Stadium, we began to rent that forklift. Now, the owner wants us to buy it. Since we have an RFP (Request for Proposals) out, I don't want to buy it. I'd like to pay him up to thirty-four thousand dollars ($34,000) in rent for that forklift that's worth seventy-eight thousand ($78,000). Commissioner Dawkins: Why don't you buy one... Commissioner Gort: Mr. Mayor, I was going to bring that up. Let me tell you why I didn't. Commissioner Dawkins: Why don't you buy one, for seventy-eight ($78,000). What you going to rent that one for thirty-four ($34,000), Mr. Manager? Mr. Odio: Because we cannot get one here. It would take six months to get a new one delivered. It's just impossible. Vice Mayor Plummer: I thought the resolution, when we bought them out, we bought the forklift. Mr. Odio: No, this is the other one we had. 221 May 1, 1995 Mr. Tony Pajares: Commissioner, we bought the small forklift. There's two forklifts. Commissioner Gort: It's the real big one. That's the real big one. Vice Mayor Plummer: No, we bought the big one. I was told it was... Mayor Clark: Easy, easy, now. One at a time. Mr. Odio: No, no. Mr. Pajares: No, sir, that was the small forklift. Mr. Odio: No. I wish. Mr. Pajares: The big forklift is owned by Clark, and we... It's constantly broken, and we just can't work with it anymore. Commissioner De Yurre: I'd like to defer that. I'd like to see that before we vote on that. Mr. Odio: See what, the forklift? Commissioner De Yurre: No, just that... Mr. Odio: Oh, here, this. Commissioner Gort: Mr. Mayor. Commissioner De Yurre: No, but not right now. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: Victor, I've been there. I've seen the condition of this forklift. One of the things that we can do, we can rent one for a whole year for thirty-six thousand ($36,000), and what we can do, when you got the RFP out, if the person is to take it over before the year, for them to take up the lease. Mr. Pajares: They would buy the lease, of course. Mr. Odio: We would... Commissioner De Yurre: I have no problem bringing it back. Mayor Clark: Wait a minute, wait a minute. Motion to defer takes precedence till May the 11th. He wants some information. Commissioner De Yurre: No, no, I can bring it up later, Mr. Mayor. I just want to take a few minutes to analyze this. Mr. Odio: It's just that it would close down the boatyard. Vice Mayor Plummer: Yeah, but what... Let me ask a dumb question. What do you do for a forklift until you get something resolved? 222 May 1, 1995 0 r Mr. Pajares: Commissioner, that's our problem. We have two hundred and fifty (250) boats there. Vice Mayor Plummer: Of course. Mr. Pajares: When they come on weekends and there's no forklift, the marina is paralyzed or closed. Mayor Clark: OK, OK, OK. You got a motion... You take it back? Commissioner De Yurre: I'll bring it back later tonight. Vice Mayor Plummer: Oh, that's fine. I'm sorry. I didn't hear that. [AT THIS POINT, THIS ITEM WAS TABLED. SEE LABEL #107.) ---------------------------------------------------------------------------------------------------------------- 83. DISCUSS AND DEFERCONSIDERATION OF PROPOSED RESOLUTION TO ENDORSE METROPOLITAN DADE COUNTY'S CREATION OF AN ENTERPRISE ZONE ADVISORY COUNCIL -- REQUEST COUNTY TO PROVIDE AT LEAST 2 MEMBERS ON COUNCIL REPRESENTING THE CITY OF MIAMI. (See label 86) ---------------------------------------------------------------------------------------------------------------- Mr. Cesar Odio (City Manager): And the other one, Mr. Mayor, is item... Mayor Clark: Hold it. Wait, I'll get it down. Just a second. This is a resolution approving joining and endorsing Metropolitan Dade County's creation of an Enterprise Zone Advisory Council, which functions will include assisting, monitoring and promoting the State Enterprise Zone Program in Dade County, and in the City of Miami; further approving joining and endorsing Metropolitan Dade County's Strategic Plan and Application being submitted to the State of Florida, nominating Enterprise Zone areas, parts of which within municipal boundaries of the City of Miami. I so move. Commissioner Gort: I second. Commissioner Dawkins: I can't vote for that, because I don't know... Why you got to have this? Why are we doing this? Mr. Odio: We were told we had to have this by today. If not, we would lose the Enterprise nomination. Commissioner Gort: We've got Mr.... Mr. Owens is here. Commissioner Dawkins: Enterprise what? Mr. Odio: The Enterprise... Mayor Clark: Now, this is good. I've read it all. I've read the whole damn thing. Commissioner Dawkins: Are you in favor of this? 223 May 1, 1995 Mayor Clark: I'm in favor of it. Commissioner Dawkins: OK, no problem. I mean, I'm not in favor of it, but fine. Vice Mayor Plummer: Who are we going to put on that thing? Who are we going to recommend to be on the board? Mr. Odio: The County is going to appoint the board members. I think that that's where I had a problem with it; that they should allow us to appoint some people here. Right? Mr. Greg Owens: I'm sorry. What was the question, Mr.... Mr. Odio: The question is that you are going to appoint the board... Commissioner Gort: Name and address for the record. Mr. Odio: ... and that this is going to affect the City of Miami, and why shouldn't the City Commission be not appointing some members to that board? Mr. Owens: My name is Greg Owens, and I'm the Director of the Department of Business and Economic Development for Dade County. The reason the County Commission has appointed the members to the board is because it's due to State statute, which mandates that if a County is applying with a... two or more municipalities, that the County shall appoint the members of the board, the advisory council. Vice Mayor Plummer: Well, that's not the question. Mr. Odio: One question, Mr. Greg. If that's necessary, then why are you here for my signing off on it, if you can do that? Why is it necessary that you come to me for a sign -oft"? Mr. Owens: My quick reading of the resolution, Commissioner, also... You would also be endorsing the strategic plan, and Dade County is filing the application so that we can actually reinstitute the State Enterprise Zone. Commissioner Dawkins: Mr. Manager, did not we file a comprehensive plan for the City of Miami? Mr. Odio: No, sir, not in relation to the Enterprise... Commissioner Dawkins: No, no, no, now. Don't mix apples and oranges. Mr. Odio: Oh, yes, we did file a comprehensive plan with... Commissioner Dawkins: We filed a comprehensive plan for the City of Miami; is that correct? Mr. Odio: Yes, sir. Commissioner Dawkins: So, now, are we saying to the County that, that that you filed will take precedence over the wishes of this... Because we OK'd what you send in. Mr. Odio: Well, this is two separate issues here. This is only for the Enterprise Zone. Mr. Owens: The Enterprise Zone. 224 May 1, 1995 04- Mr. Odio: And only. Commissioner Dawkins: What Enterprise Zone? Mr. Odio: The one that was appointed by the President... by the State, I'm sorry. Vice Mayor Plummer: What happens if we say no, that we're not interested in joining hands? What happens then? Mr. Owens: The application or the boundaries which cover the City of Miami would not be eligible to participate. Commissioner Dawkins: And when you say "eligible to participate," that means we get what? Mr. Owens: "Eligible to participate" means that businesses would be able to locate into stressed areas within the City of Miami to create jobs, and increase the tax base. Commissioner Dawkins: And I can't do that by my own with the Federal Government, as a resident of the City of Miami, outside, and I have my own Enterprise Zone? We got out... What's that thing we gave Mr.... Wynwood. Mr. Odio: Community Redevelopment Agency. Commissioner Dawkins: And they have a what? Mr. Odio: That's a tax increment district. Commissioner Dawkins: All right. And... no, no. He has a free zone, Free Trade Zone. Mr. Odio: In Wynwood, yes. Commissioner Dawkins: That's right. So you see, I... I move... The Mayor said this is OK. I got a problem with it, but if the Mayor says it's OK... Mayor Clark: No, that's all right. If you don't like it, don't vote for it. Commissioner Dawkins: No, uh-uh. No, I'll vote... If you want it... Mayor Clark: No, no, that's all right. It's all right. Vice Mayor Plummer: Well, I got a problem, also, when I look at this list of names. OK? Commissioner Dawkins: All right. Say what, J.L.? Vice Mayor Plummer: Not one person that is listed on this here that's already been appointed actually is in the interest of the City of Miami. OK? Now, I'm just saying that as far as... You know, Joseph Alfonso is a very good friend, and he's great in the pic (Private Industy Council), but that's not for the City of Miami. I mean, 70 - am I in the ball park? - 70 percent of that is in the City of Miami? Commissioner Gort: Yes. Mr. Owens: Commissioner, if I could just... 225 May 1, 1995 Mayor Clark: No. Commissioner Dawkins: Yes, yes, yes. Vice Mayor Plummer: Am I in the ball park? Mr. Owens. Yes, sir. Vice Mayor Plummer: OK. And yet, this Commission, who is vitally affected by what's going to happen in that area does not have the say to at least appoint one person to that board. Now, something's wrong. Something is wrong. Mayor Clark: Does the State law say that, Greg? Vice Mayor Plummer: And I'll tell you, Mr. Manager, what I think. I think we ought to go to... Mayor Clark: Does the State law... Excuse me, J.L. Does the... Vice Mayor Plummer: I think we ought to go to the State of Florida, and we ought to oppose this, and let them come back and say, "Hey, City, 70 percent, you should have some say." Mr. Odio: Well, I don't think you want to go... Can you... Mayor Clark: I'd like to check and see where it says that in the State Statutes... Commissioner Dawkins: Thank you. Mayor Clark: ... at the County. Can we reserve that right until... Commissioner Gort: Come back on the 11th. Mr. Owens: Excuse me. Vice Mayor Plummer: I just... It's wrong... Commissioner Gort: What is the date... Mr. Owens: One of the things that, if I may point out... Commissioner Gort: What's the due date for this? Mr. Owens: The application due date is May 5th, close of business May 5th. And I would like to also point out that there are 13 members to the Council, and eight of those members, if I'm not mistaken, are mandated by State Statute, as to who... which segment of the community should be named representatives. Mr. Odio: Let the other five be from the City of Miami. Commissioner Dawkins: We have... You have... Mr. Owens, you know... and Mr. Owens, this isn't personal. You just work over there. You don't own the County. Mr. Owens: That's true. 226 May 1, 1995 i*1 Commissioner Dawkins: All right. So you just work. Don't kill the messenger. You're just the messenger. Mr. Owens: I would appreciate that. Commissioner Dawkins: Isn't three members of that County Commission members... I mean whose district are the City of Miami? Mayor Clark: Absolutely. Commissioner Gort: It's four. Mr. Owens: Yes. Commissioner Dawkins: All right. So therefore, you got eight, and neither one of them thought to put anybody on from the City. Go ahead, Mr. Gort. I yield to Mr. Gort. Commissioner Gort: This full Commission, let me ask you a question. Can we pass this with an amendment that one of the boards be a City of Miami appointee, or somebody suggested by the City of Miami? Mr. Owens: We could speak with the County Commission about that, County Manager on to the Commission, but... Vice Mayor Plummer: Well, you see, you know, let me tell you something. You know what bothers me more than anything? You waited till the deadline to come before this Commission, fully knowing that you had to come here, and you're telling us that we've got to act on it today, because the deadline is May the 5th, and you have known... Not you, please. The County has known for over six months that, in fact, this is what you had to do, and you come here in the last meeting that we have, the day before the final, and say, "If you don't do it now, you don't have the right to ask questions, you don't have the right to look any further, you've either got to do it or else," and that is wrong. Mr. Owens: Commissioner, I... Mayor Clark: Greg, I don't see anywhere where it says that only the County can appoint. Mr. Owens: If you... Commissioner Gort: The County or the municipality shall create. Mayor Clark: It says that the County shall create the agency. It doesn't say anywhere that they should appoint. Enterprise Development Agency. The County has the power to function within the corporate limits of the municipality only if the governing body... of this body has a resolution concurred in the Enterprise Development prepared by percent... statute. It doesn't say anywhere here that only the County can... Mr. Owens: If you turn to the next page, Mr. Mayor, Section 2, number 2. Mayor Clark: By ordinance, appoint a Board of Commissioners of the agency which consist not fewer than eight or more than 13. Convening body must appoint at least one representative from each of the following: The local Chamber of Commerce, local financial insured business, residents within the area, within the nominated area, nonprofit... the terms of the office... Where? 227 May 1, 1995 k u-4, Commissioner Gort: He's reading it. Mayor Clark: No, it doesn't. It doesn't say they're the only appointing agency. Nowhere does it say that, that they're the only ones that can nominate anybody. Nowhere does it say that. Unidentified Speaker: The body that creates the agency. Mayor Clark: No, no. To create the agency is one thing, but appointing the... I can read English, like you can. Mr. Owens: OK. All right. Vice Mayor Plummer: We create agencies all day long, and we make appointments at a later time to the agency. You can't appoint to something that you haven't created without the vehicle being present. Mr. Owens: Commissioners, this is a temporary agency. Vice Mayor Plummer: No, no, that's not what it says here. They're talking four years, three years... Four years, some of these. Some of these appointments are for four years. Mayor Clark: No, no. We ought to have at least... if 70 percent... We ought to have at least a couple members on there... Commissioner Dawkins: That's right. I agree with you, Mr. Mayor. Mayor Clark: ... that this Commission can appoint. Commissioner Dawkins: I move that it be deferred, and when they come back with at least two members of the City of Miami on it, then we approve it. That's my motion. Mayor Clark: Is there a second to that? Vice Mayor Plummer: Second. Mayor Clark: Any other discussion? Cast a unanimous ballot. Thank you, Mr. Owens. Mr. Owens: Thank you. 228 May 1, 1995 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 95-331 A MOTION TO DEFER CONSIDERATION OF A PROPOSED RESOLUTION TO ENDORSE METROPOLITAN DADE COUNTY'S CREATION OF AN ENTERPRISE ZONE ADVISORY COUNCIL; FURTHER REQUESTING REPRESENTATIVES OF DADE COUNTY TO COME BACK WITH A LIST OF ADVISORY COUNCIL MEMBERS INCLUDING AT LEAST TWO MEMBERS OF THE COUNCIL WHO WILL REPRESENT THE CITY OF MIAMI. (Note for the Record: This issue was later passed as R-95-333. Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Vice Mayor Plummer: You want to take a ten minute break? Mayor Clark: Yeah. Folks, we've been sitting here for a while. We'll just take about a ten minute break, and we'll be right back with you. Just relax. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:30 P.M. AND RECONVENED AT 4.38 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONERS DE YURRE AND DAWKINS. 229 May 1, 1995 ke, ----------------------------- ---------------------------------------------------------------------------------- 84. VICE MAYOR PLUMMER REQUESTS ADMINISTRATION TO ASSIST REV. MADDEN, FROM GESU CHURCH, DOWNTOWN, IN HIS EFFORTS TO OBTAIN HISTORICAL INFORMATION CONCERNING THE CHURCH -- AIR NON -RELIGIOUS PUBLIC ANNOUNCEMENTS ON CABLE CHANNEL 9, IN ORDER TO OBTAIN INFORMATION WHICH COULD BE USED IN CONNECTION WITH THE CITY'S CENTENNIAL CELEBRATION. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Plummer: Mr. Assistant City Manager, I instructed... I'm sorry. I informed the Mayor that I represented him yesterday. Gesu Church downtown has expressed the desire to be a part of the Centennial, and that I did, in fact, represent him. They asked that they need publicity to try and get people who were formerly a part of that scenario, whether or not that they could get something on Channel 9. It's not religious. It's not for anything other than the Centennial celebration. And so I am going to ask you, if you would, would you please call Father Madden. Mr. Sergio Rodriguez (Assistant City Manager): Madden? Vice Mayor Plummer: Madden, at Gesu. He's a former... Steve, did he go to school with you? What year did you graduate? Unidentified Speaker: Don't ask that. Mr. Rodriguez: Don't ask. Vice Mayor Plummer: Don't ask. OK. Mayor Clark: I graduated from Gesu 54 years ago. Vice Mayor Plummer: Wow, 54. Mayor Clark: Fifty-four years go. 1940. Vice Mayor Plummer: OK. Anyhow, they would like to try to get some publicity, not for their event, but to try to get people who are out there who are alumni, like our illustrious Mayor, and others. So if you would contact them and try to get them to give some time on Channel 9,1 think it would be mostly appreciated. Mr. Rodriguez: I will mention it both to Carlos Smith, and also, Angela Bellamy, which I believe is the coordinator. Vice Mayor Plummer: I asked them to call Angela direct and to speak with her, since she is heading up the City's proposal for the Centennial. Mr. Rodriguez: Very good. We'll do that. Vice Mayor Plummer: Thank you. 230 May 1, 1995 THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:40 P.M. AND RECONVENED AT 4:42 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONERS DE YURRE AND DAWKINS. ---------------------------------------------------------------------------------------------------------------- 85. APPOINT EDDY SILVA TO THE OCCUPATIONAL LICENSE EQUITY STUDY. Vice Mayor Plummer: Mr. Mayor, for the record, the City Attorney has asked me to name my appointment to the Occupational Licensing Board. Mayor Clark: Yes, sir. Vice Mayor Plummer: And I am doing them a real favor. I am nominating Mr. Eddie Silva, S-I- L-V-A. Commissioner Gort: Second. Mayor Clark: Second the motion, and cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO.95-332 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OCCUPATIONAL LICENSE BOARD TO SERVE AN UNEXPIRED TERM OF OFFICE AS HEREIN DESIGNATED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre Commissioner Miller J. Dawkins NOTE FOR THE RECORD: Commissioner Dawkins enters the Commission Mamber at 4:43 p.m. 231 May 1, 1995 i1g, .--------------------------------------------------------------------------------------------------------- 86. (Continued Discussion) ENDORSE METROPOLITAN DADE COUNTY'S CREATION OF THE ENTERPRISE ZONE ADVISORY COUNCIL, SUBJECT TO MIAMI CITY COMMISSION HAVING THE RIGHT TO APPOINT THREE MEMBERS. (Appointed were: Roger Barreto, Sr., Rev. Ralph M. Ross & Commissioner Victor De Yurre.) (See label 83) Vice Mayor Plummer: Mr. Mayor, we can wait for Mr. De Yurre or not. I've been proffered by Frank Castaneda that there is a possible scenario for the Enterprise Zone, that we make it subject to this Commission having the right to name three members to that Committee, but it would be... we would approve it subject to that, and I have no problem with that. Mayor Clark: That's fair enough. That's fair enough. Vice Mayor Plummer: I would move it. Commissioner Gort: Second. Vice Mayor Plummer: And if Commissioner De Yurre, after, has any objections, he can so note them, but I would move it at this time, that we approve that, subject to the three being appointed by this Commission. Mayor Clark: All right. Commissioner Dawkins: Mr. Mayor, when they were talking to me, they explained to me that we had to name three people now. Didn't you say that, Mr. Greg, that you needed the three to go back now? Mr. Owens: We would like to have the names now, in the event the Commission would like to know who's been appointed. Commissioner Dawkins: OK. Vice Mayor Plummer: Can we give it to you before we leave here tonight? Mr. Owens: Yes, sir. Vice Mayor Plummer: OK. Mr. Owens: Or you could give it to Frank, and have him call us in the morning. Commissioner Dawkins: My nominee will be J.L. Plummer. Vice Mayor Plummer: We'll give them to Frank, and he can call you. Mr. Owens: He can call it to us in the morning. Vice Mayor Plummer: OK. Mr. Owens: First thing in the morning. 232 May 1, 1995 Commissioner Dawkins: My nominee will be J.L. Plummer. So you can put J.L. Plummer down as the first one. Mr. Owens: J.L. Plummer? Commissioner Dawkins: Yeah. Mr. Owens: OK. Mayor Clark: And I'd like to nominate... I'd like to nominate Miller Dawkins. Vice Mayor Plummer: I'd like to nominate Steve Clark. Commissioner Gort: That's it, you got them, three of them right there. Commissioner Dawkins: That's the three. Commissioner Gort: So move. Commissioner Dawkins: So move. Vice Mayor Plummer: Well, wait a minute, wait a minute, wait, whoa. Wait a minute. Listen. Whoa. Commissioner Gort: You got it, you got it. Vice Mayor Plummer: No. You got a problem there, my friends. Commissioner Dawkins: Yeah. Vice Mayor Plummer: OK? Mayor Clark: We have a conflict. Vice Mayor Plummer: The problem is the Sunshine Law, and everything else, if you have more than two Commissioners. Commissioner Dawkins: Yeah, but you're meeting with other... There's going to be... The only person that does not have to meet in the sunshine is Alvah Chapman. Vice Mayor Plummer: Well, he... Commissioner Dawkins: Everybody else must meet in the sunshine. Vice Mayor Plummer: Miller, he meets in the moonshine. Now, I will withdraw my name from consideration so that we don't get into a bind. Commissioner Dawkins: OK. If J.L. Plummer withdraws his name, then I will withdraw Clark's name and Dawkins' name. We're not going to let J.L. Plummer box us in. Vice Mayor Plummer: Well, one of the three of us take it. Mayor Clark: All right. I would like to name Mr. Roger Barreto, Sr. 233 May 1, 1995 0 Commissioner Dawkins: Senior, wonderful. Vice Mayor Plummer: Yeah, he's a good man. Commissioner Dawkins: All right. That's good. All right. Let me see. Mayor Clark: He lives at 3025 Northwest 4th Terrace. Commissioner Dawkins: I know a gentleman that we never call on. I'd like to nominate Reverend Ross of Mount Zion Baptist Church. Mayor Clark: Very good. Vice Mayor Plummer: Now, if you want me to accept the third one, I will. Commissioner Dawkins: No, you wouldn't do it... We're not doing you no small favors. Vice Mayor Plummer: That's fine and dandy. Commissioner Dawkins: Now, we might have done you a large favor. Vice Mayor Plummer: I don't need any more meetings. Commissioner Dawkins: Well, put Willy Gort. Vice Mayor Plummer: That's fine. Willy, you want it? Mayor Clark: Would you like to serve there, Willy? Commissioner Gort: No, I can't. Vice Mayor Plummer: Victor's not here. Let's name him. Commissioner Dawkins: Name... OK, Victor De Yurre. Vice Mayor Plummer: I nominate Victor De Yurre. He'll learn to come late. Commissioner Gort: Second. Mayor Clark: All right. Victor De Yurre. There will be no conflict. Motion and a second. Madam Clerk, cast a unanimous ballot of those present. Vice Mayor Plummer: You betcha. Now, run out of here before De Yurre gets here. Mr. Owens: Yes, sir, I'm out of here. 234 May 1, 1995 The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-333 A RESOLUTION APPROVING, JOINING AND ENDORSING METROPOLITAN DADE COUNTY'S CREATION OF AN ENTERPRISE ZONE ADVISORY COUNCIL, WHICH FUNCTIONS WILL INCLUDE ASSISTING, MONITORING, AND PROMOTING THE STATE ENTERPRISE ZONE PROGRAM IN DADE COUNTY AND IN THE CITY OF MIAMI, SAID APPROVAL CONDITIONED UPON THE CITY COMMISSION NAMING THREE (3) MEMBERS TO SAID COUNCIL; FURTHER APPROVING, JOINING AND ENDORSING METROPOLITAN DADE COUNTY'S STRATEGIC PLAN AND APPLICATION BEING SUBMITTED TO THE STATE OF FLORIDA NOMINATING ENTERPRISE ZONE AREAS, PARTS OF WHICH ARE WITHIN THE MUNICIPAL BOUNDARIES OF 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 Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: Commissioner Victor De Yurre NOTE FOR THE RECORD: Commissioner De Yurre enters the Commission Chamber at 4:47 p.m. Mayor Clark: All right. Let's move forward. Commissioner Dawkins: There he is. Vice Mayor Plummer: Hi, Victor. Good to see you. Would you like to know what you've just been nominated to? Ha -ha-ha! Mayor Clark: K-9 committee. Commissioner De Yurre: Thank you very much for whatever it was. Vice Mayor Plummer: Yes, yes. Mayor Clark: All right. Let's move, Mr.... Vice Mayor Plummer: You're now head of the dead dogs. 235 May 1, 1995 Commissioner De Yurre: Thank you. [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES � �lDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 1st day of May, 1995, 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 4:47 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Victor De Yurre Commissioner Wifredo Gort Commissioner Miller J. Dawkins Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk 236 May 1, 1995 ux:, ----------------------------------------------------------------------------------- 87. DENY SPECIAL EXCEPTION FROM ORDINANCE 11.000 (ARTICLE 9, SECTION 934, COMMUNITY BASED RESIDENTIAL FACILITIES, SUBSECTION 934.3, CERTIFICATE OF USE NOT TRANSFERABLE), TO ALLOW CHANGE OF OWNERSHIP (CERTIFICATE OF USE NO. 105341) AT 250 N.W. SOUTH RIVER DRIVE (ZONED R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL). [Applicant: The Salvation Army (Owner) i Northwest Dade Center, Inc. (buyer).] ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Mr. Rodriguez, let's move forward. Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir. Mr. McManus is going to make a presentation. Mayor Clark: All right. Mr. Joe McManus: On item PZ-1, this item is a special exception requiring City Commission approval to allow the change of ownership of a certificate of use from the Salvation Army to Northwest Dade Center. This item has been continued twice before the Commission. It's recommended by the Planning, Building and Zoning Department, recommended by the Zoning Board. At your direction, we have had... Planning, Building and Zoning Department has had meetings on March the 8th and April the 19th with the property owners and the applicants. Most recently, on April 19th, we met in Jose Marti Park for about 35 minutes. There was no compromise on the issue. We're recommending that the.., that you move ahead and approve the change of ownership subject to the conditions that have been proffered by the applicant, and if I quickly can mention those. The applicant has proffered to reduce the number of beds from 225 beds to 75; to spend a hundred and twenty-five thousand ($125,000) in physical improvements to landscaping; that there would be no walk-ins, no walk-in clients, referrals only; that there would be controlled in and out; and there would be no detox patients; there would be 24-hour supervision; that clients would stay there from nine months to a year; that educational and vocational training would be available. And for the initial three months of operation, should this be approved, that Northwest Dade Center would transport the homeless that might be wandering into the area to their new... to the new Salvation Army Center at 1901 Northwest 38th Street. Thank you, Mr. Mayor. Vice Mayor Plummer: Well, excuse me. There was one other... not... that I asked for before that I didn't hear you make mention, and I was hoping that it would come up at one of the townhall meetings, that there be a one-year review on this issue, if, in fact, it were to be approved, and that, that, as we spoke before, and I know it wasn't too much agreeable, that we would have the right to rescind. That was what I asked for in the last go around. Now, was that discussed at all or not? Mr. McManus: That was part of the discussion, yes. Vice Mayor Plummer: And? Mr. McManus: There's still no compromise. Mayor Clark: It says here that the property owners stated, "The Salvation Army facility has historically had a negative impact on business." Now, these are from your minutes, right? 237 May 1, 1995 A Mr. McManus: Yes, sir. Mayor Clark: "These facilities do not help the economy of the area." All right. Let's hear from the applicants. Ms. Teresita Gyori: Honorable Mayor, Vice Mayor, Commissioners, in reference to what Mr. McManus just mentioned... Mayor Clark: Your name and address, please. Ms. Gyori: It's Teresita Gyori, and it's a property that I own a block away, it's 375 feet away of the Salvation Army. I am opposed to it, and one of the things I would like to mention is for April 19th meeting, I received this letter from... signed, Sergio Rodriguez. And it says, "To discuss the future of the Salvation Army, and the Salvation Army and Northwest Center, and the prospective buyer will make presentations." Nobody from the Northwest Dade Center was present. It was only Mr. Casanova, and Mr. McManus, and it was held as like if it was a. joke, because nothing was resolved, because there was no issue on hand. The only thing that mentioned was, "What color would you like the building to be painted? What kind of landscaping?" I would like to have the community get a fair chance in reference to this. You might be under the impression we did get a chance. We did not. Mayor Clark: All right. Ms. Gyori: And it is a viable, potential economic area. Mayor Clark: Yes, ma'am. All right. Thank you for your comments. Vice Mayor Plummer: Excuse me, excuse me. Are you saying... Are you saying that no one of the area, or - excuse me - of the applicant was at the meeting? Ms. Gyori: No one, sir. No one, whatsoever. You can see the attendance. It was very cool. The only thing what we were present is... said, "Accept it, this is what it's going to be." And we really felt very upset. Mayor Clark: All right. Vice Mayor Plummer: Well, then, of the department, did you invite the applicant to be there? Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir. Mr. McManus: The applicant was invited. The applicant sent us a letter the day of the meeting, declining to attend. Mayor Clark: All right. Thank you. Ms. Gyori: You see how awful this is? Mr. McManus: I think that's in your package. Vice Mayor Plummer: That was not the instructions of this Commission. Ms. Gyori: Thank you. 238 May 1, 1995 A Vice Mayor Plummer: You can't find an area of compromise when it's a one-sided deal. Ms. Gyori: Thank you so much for listening. Vice Mayor Plummer: OK. Yeah, we're... Mayor Clark: Thank you, ma'am. Mr. Rodriguez: For the record, Mr. Mayor, I think it's in your package. Let me see if I can find the letter from the attorney for the applicant. They sent a letter declining to attend, and specifying that they have met with Mr. Jordan? Ms. Vicky Leiva: Mr. Rodriguez. Mr. Rodriguez: Yeah. Let me get the person in charge of representing the applicant to mention that in the record. OK? Ms. Leiva: I sent the letter, Mr. Rodriguez. Basically, we were... Mayor Clark: For the record, give your name. Ms. Leiva: The name is Vicky Leiva, with offices at 701 Brickell Avenue. This was the second meeting that was scheduled with the community. We did attend the first, and spent over two and a half hours with the neighbors that were present. On this second meeting, my clients received a phone call on Monday at 4 p.m., of a meeting scheduled for Wednesday. It was scheduled during the same week that school was out for spring break, and the key individuals that are involved with this project in the Administration of my client's corporation were out of town. There was no way that I could contact them or get them back in time. Vice Mayor Plummer: How did you negotiate? Ms. Leiva: We did, however, follow the direct suggestion of Commissioner Gort during the last meeting, which was to meet with the attorney for the representative of the opposition. We've made several phone calls to Mr. Cardenas, before we found out that Mr. Cardenas, in fact, was no longer representing the opposition, and we subsequently had meetings with Mr. Rodriguez, who made offers for a different site. Mr. Rodriguez suggest... Mr. Rodriguez: Excuse me. Not Sergio Rodriguez. Maybe you can clarify, because it's going to become confusing. Ms. Leiva: Yes. Mr.... Mr. Rodriguez: You can clarify the... Ms. Leiva: Mr. Daniel Rodriguez, Sr. and Jr., and some of their representatives. They made an offer during the meetings between Northwest Dade and the Rodriguez family. They made an offer for another site in Overtown, in a residential area of Overtown, where they felt that was an appropriate site for this program. My clients did go to the site in Overtown. Unfortunately, for a series of reasons, it's not appropriate, and we had to decline the offer of having the program over there. Vice Mayor Plummer: You know, my problem is that at the last of this Commission meeting, we asked that a meeting take place to try to find an area of compromise, and, you know, it's... To be honest with you, it's impossible to find an area of compromise when it's a one-sided 239 May 1, 1995 event. I would have preferred they would have cancelled the meeting until it was available for the purposes of both sides being able to sit down. I still, to this day, feel that there is an area of compromise. I don't know what it is... Ms. Leiva: Commissioner... Vice Mayor Plummer: ... and I'm not that smart. Ms. Leiva: If I may. We did have a meeting that was fully noticed to the community, where we spent over two and a half hours discussing all the issues. And when we offered conditions that they could, you know, impose upon us, they just simply said, "No, we don't want anything but for you not to be there." Subsequent to that, they were represented by counsel. We have to go through counsel. We communicated with counsel. It took us almost three weeks to determine that their counsel was no longer representing them. Then we met with Mr. Rodriguez, who has been the leader, and the person taking this forth, and the result was that he offered... He offered personally to me, during our last Commission meeting here, a site in Naples, which is totally inappropriate. And then subsequent to that, he met with Mr. Jardon, who is the executive director, and he offered a site in Overtown, which, again, does not meet the needs of the clients. Vice Mayor Plummer: Has there been any exploration of a site in and around Jackson Memorial Hospital, the hospital area, where this kind of scenario would fit in better? That's my question. Ms. Leiva: OK. The reason why we are here in particular, is because this property at this site and at this facility, there is operating a community based residential facility, which can be transferred through a special exception, the certificate of use. If we go to a property that does not have a certificate of use, we wouldn't even get this far, to tell you the truth, because there's all sorts of restrictions, in terms of distance requirements, which would not allow us to come and apply for a new certificate of use. So in terms of this application, it is pretty much attached to that present activity, business activity that is taking place there, and that has taken place there, as we have now found out, since the '60s. Vice Mayor Plummer: Yeah. Mayor Clark: Mr. Dawkins. Commissioner Dawkins: You said who recommended Over... a site in Overtown? Who? Ms. Leiva: The opposition. Commissioner Dawkins: What opposition? Ms. Leiva: The opposition to our application, the owners of the marina across the street from the Salvation Army site. The... Commissioner Dawkins: Well, why would they recommend a site in Overtown, when they didn't want it in their neighborhood? Would you explain that to me? (APPLAUSE) Mr. Daniel Rodriguez: May I say something? Commissioner Dawkins: Yes, you may say a lot. Mr. Rodriguez: I did not recommend... 240 May 1, 1995 ;18:. Vice Mayor Plummer: Your name and address, and... Mr. Rodriguez: My name is Daniel Rodriguez. Mayor Clark: And don't go so fast. Relax. Mr. Rodriguez: OK, OK. Mayor Clark: Give us your name and address. Vice Mayor Plummer: Like a tiger. Mr. Rodriguez: Daniel Rodriguez, 4660 Southwest 12th Street. OK. She's saying that I met with him and I told him that I suggested a site in Overtown. I did not suggest a site in Overtown. I told him there are many areas in this City that have dilapidated, completely abandoned buildings that can be rehabilitated and... I gave him that... I did not say that... I said, then, you can look for a different place, you can look for the site. We gave him the option that we would purchase the building, we would rehab the building, and we would swap with it. We've... We've exhausted all alternatives. Commissioner Dawkins: OK. Well, OK, the only thing... Mr. Mario Jardon: I would like to speak for the record. Commissioner Dawkins: No, no, no. I respond to him, and then I'm through with this. OK? I was with you, and you might have lost me, when you tell me that you're going Overtown and purchase a building, and rehab it, and spend money on it to keep somebody out of your neighborhood. I have a problem with that. Mr. Rodriguez: Absolutely not. That's not what happened. Commissioner Dawkins: I have a serious problem with that. Mr. Jardon: I am Mario Jardon. I'm the executive, chief executive officer for Northwest Dade Center, and I would like to put in my two cents. As soon as we knew that the attorney was not available to negotiate with us, and I got a phone call from Mr. Danny Rodriguez, within 24 hours, we had a meeting. I made an offer to him. I said, I need a place where our people can get the treatment they need, but I understand the feelings of this community, and I offered an unconditional, at no price, right of first refusal. I said, "I'll give it to you signed, sealed and delivered, so that if, in two years, for some reason, our business is not flourishing or whatever, you will be able to buy this property, either at the price we paid, or whatever the market is. I'll make it as fair as possible." It was then that he said to me, "Well, maybe you want to swap." And I must testify for the record that, at that point, he said, "There is a building at 420 West 10th Street. Check it out. If you want it..." Northwest loth Street, 420 Northwest loth Street. "You check it out, and if it is acceptable to you, we will go in, rehabilitate it, and swap it." Frankly, in good faith, I went to check it. The space, another criteria, did not suit us well. And also, the fact that there is nothing there. There is a project right next to it. I did... I felt that it was not acceptable. But they did make the offer - and Commissioner Plummer, I want you to hear this - I made an offer that, to me, does have value, because as things may go, we do not get the funds. Medicaid changes may take place, the State may put all Medicaid to managed care, any of these winds of change take place, and I can say to this community, "OK, now, you may commercialize this." But in the meantime, it is a building used, for at least 100 people a day, for just shelter care. Our request is that we be allowed to conduct treatment for a lot less people without taking 241 May 1, 1995 4- referrals off the street, and to do something that will really and effectively take these people off the streets for real and for the longer time. Vice Mayor Plummer: I have one question, sir. Mr. Jardon: Yes, sir. Vice Mayor Plummer: OK. Mayor Clark: Hold on, hold on. Anyone that's going to testify or say anything, raise your right hand now. Vice Mayor Plummer: Has to be sworn. Mayor Clark: If you're going to say something... You don't have to say anything, but just be sworn anyway. Madam Clerk, swear them all in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: OK. Now, Mr. Plummer, you have the floor. Vice Mayor Plummer: I have one question, sir. Some documents were sent through my office, and I asked this question. You made an application for a grant. Mr. Jardon: Uh-huh. Vice Mayor Plummer: I don't know who, even who it was to. Mr. Jardon: CDBG (Community Development Block Grant). Vice Mayor Plummer: Who it was to. OK? On that grant, it stipulated that this grant was for the seriously mental people. Is that a true...? Do you have a copy of it there, sir? I don't have it. Commissioner Dawkins: Let me see your copy. Vice Mayor Plummer: Let me... Please, please. Mr. Jardon: There are several applications that... Vice Mayor Plummer: Yeah. This is the one that I saw. Mr. Jardon: I would like to check it, Commissioner Plummer. Vice Mayor Plummer: OK. Mr. Jardon: Because we have made a previous application, and that one was never funded. Vice Mayor Plummer: All right. Mr. Jardon: For this program that we're talking about, we never said that. I would like Ethel Elan and our staff to check it out. 242 May 1, 1995 Vice Mayor Plummer: All right. Sir, all I'm asking is that if, in fact, this is the case... And more so, I would be asking the question, will you be handling serious mental illness patients at this facility? Mr. Jardon: No, sir. Mayor Clark: Not today. Mr. Jardon: She will answer. Commissioner Dawkins: OK. Now... Ms. Leiva: Commissioner, if you still have a question on that document, we have not seen a copy, so we need to see it, for the record. Commissioner Dawkins: You haven't seen this? This is from Northwest Dade Center. Vice Mayor Plummer: They filed it. It's theirs. Ms. Leiva: But... But we... But Northwest Dade... Northwest Dade files many of these types of applications throughout the year. Commissioner Dawkins: OK. Let me... Let me ask a question, Mr. Mayor. Mr. Jardon: Let me... May I clarify this, Commissioner. Mayor Clark: Please, please, sir, please. Commissioner Dawkins: Go ahead. Mayor Clark: We'll run the meeting up here. Go ahead. Commissioner Dawkins: It says, (10), which you have there in front of you, "There are some 180 to 200 homeless men in Dade County, who have a severe mental illness, and considered difficult to engage." Then you go over to (15) and say, "To shelter 25 homeless men with serious mental illness." And then you go down to (15), "To engage homeless men with serial..." serious, I guess, "mental illness." And then I have a problem, because up here, you say it's 25 individuals, in (14), but then in (16), you say 50 homeless people. But yet, you say you aren't going to serve but 25. I mean, I can't follow... Mr. Jardon: Commissioner, for the record, this is not, and I repeat, not the program that we will implement. Commissioner Dawkins: Where is it? Where is the program? Mr. Jardon: We... This safe haven, as a matter of fact... Commissioner Dawkins: Where is the program that you will implement? Where is it? Mr. Jardon: In another application. They simply took the wrong copy. What can I tell you? This safe haven... Vice Mayor Plummer: Well... 243 May 1, 1995 Mr. Jardon: Let me clarify this. This safe haven is a special program that was approved by the Federal government. Mayor Clark: Oh, I don't doubt that they have approved it. Mr. Jardon: We have now an approved Federal application that's going to be developed in Hialeah, elsewhere. This is not - and I repeat for the record, in case somebody wants to take me to task on a subsequent date - this is not the program that we're talking about. Commissioner Dawkins: OK. All right. Let me take you to task. CDBG application form, on the front page, OK? On the front page. OK? Agency name, Northwest Dade Center, Inc. Activity title, "A Safe Haven for Homeless Adults With Serious Mental Illness." Mayor Clark: That's what it says. Commissioner Dawkins: Agency address, 4175 West 20th Avenue, Hialeah, Florida. Activity address, 250 Northwest South River Drive. The application that you're applying for says 250 Northwest South River Drive. So how can he tell me that we're not talking about that agency, that place? Ms. Ethel Elan: I can... OK. Mr. Jardon: Identify yourself. Ms. Elan: May I speak? My name is Ethel Elan. Commissioner Dawkins: And so this was written for that facility. Ms. Elan: OK, yes, it was. My name is... Commissioner Dawkins: OK. Thank you. Ms. Elan: My name is Ethel Elan. I work for Northwest Dade Center, in homeless programs and housing development. What happened with this application is that this was a submission to the Office of Community Development for the County to operate a safe haven tentatively at that site. This amount is for four hundred and twenty-five thousand dollars ($425,000). It was not funded. They did not have operational dollars. What they did do is that they awarded us the money... Vice Mayor Plummer: That's not the point. They intentionally... Ms. Elan: ... to create permanent housing in a different area. The program that is going in, that we're talking about operating at the Salvation Army site is not for this population. By regulation, it is not - this is a Federal program - it is not allowed to be over 25 beds anywhere, and we did get a separate award from U.S. HUD (United States Department of Housing and Urban Development) to operate, and as Mr. Jardon said, in Hialeah. What we are talking about operating is exactly what we have proposed here with those recommendations, with totally separate funding. It is not the safe haven. The safe haven is a very specialized program. Commissioner Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Dawkins: Would I be -in order asking that- this -be deferred until they bring me what they plan to put there:..- - - - _ 244 .Ma -1, 1995 Vice Mayor Plummer: Yeah, yeah, yeah. Yes. Commissioner Dawkins: ... sometime this afternoon, or whenever? Because they say that they're going to do one thing. Then when I produce a document that says they're going to do this, they say that's not what they're going to do. I ask, "Where is what you plan to do?" Then they tell me that they have not told me where it is. Now, if you have that in hand, may I have it so I can read it? Ms. Leiva: Commissioner, we did not have this kind of application submittal for the program that we're going to be operating. Commissioner Dawkins: What did you submit for the program that you're planning to operate? Ms. Leiva: We did not submit a programmatic grant, because it's not being operated with grant monies. Mayor Clark: Well, you're applying for a special exception, though, and that should all be part of your package. Ms. Leiva: The special exception application does have all the proposed use of the facility, as well as all the testimony we've put on the record. Vice Mayor Plummer: What do you want to do, defer it? Ms. Leiva: The items that... What we're going to operate there is a rooming house, which we are allowed to do by Code. Vice Mayor Plummer: Well, let's defer it. Ms. Leiva: The special exception is only to have the 24-hour supervision, the group therapy, and the educational training on site. That's the only thing that the special exception applies to. And if I may very briefly touch upon some points. I have a court reporter here, and there are several items that I need to protect for the record. The applicant has self-imposed its conditions, as have been enumerated by your staff. This item comes before you with unanimous approval of your Zoning Board, and the support and approval of your professional staff. You have also heard on two prior occasions testimony regarding this matter, some of it by persons in this community, such as Senator Winn and Ms. Suarez, who have firsthand knowledge of Northwest Dade Center and the type of work that they do. I would at this time request that the transcript of the two prior hearings on this matter be made part of the record, that the two opinions that have been issued by your Law Department be made part of this record... Mayor Clark: Anybody defer a motion? Vice Mayor Plummer: I prefer to defer it and let them try to find another space. Ms. Leiva: ... and that the... And we are raising an issue of Jennings violation which... Mayor Clark: Kill it, and they got to find another space. Vice Mayor Plummer: Huh? Mayor Clark: Kill it, and they've got to find another space. 245 May 1, 1995 Ms. Leiva: ... testimony for which will be presented on the appropriate record for the appropriate court. We would ask at this time that you do not delay this matter any longer. We have committed funds that... in construction that has to commence prior to a certain date, in order not to lose those funds, and, therefore, we would urge you to please grant approval to the special exception that we are requesting for the transfer of the certificate of use, in relationship to the rooming house that we will be operating on the site. Mayor Clark: Albo, you want to say something? Mr. Lazaro Albo: Yes. Ms. Leiva: And by the way, we... Mr. Plummer, we absolutely agree with your issue, if you'd like to have this back for annual review. We were never asked whether we agreed to that or not, and the answer is yes. Vice Mayor Plummer: No, it wasn't the annual review that was objectionable, and I understand that. It was an annual review that we would have the right to change, if, in fact, it did not work out the way that it was proposed to do. And that's where... I was told at that time that, in fact, you... it was not acceptable to the applicant. Ms. Leiva: The special exception does that automatically. That's exactly what a special exception is. It's an opportunity for conditions to be placed on the approval, so that if we don't meet those conditions, you would then have the legal right to withdraw that previous special exception. Vice Mayor Plummer: Well, I got to be honest with you. My big problem... I really didn't have a problem, a serious problem, until I saw this about the serious mentally ill, and then I... I got to be honest with you, I had a major problem. OK? I am still concerned, as my colleague, Miller Dawkins has said, I've got to know what's going in there. First and foremost, I would like to try to still find a place over in the hospital area. I think it's possible. OK? (APPLAUSE) Vice Mayor Plummer: In the hospital area, there's a lot of space over there that you have, like the cerebral palsy clinic. The City even has some space that you might be able to utilize. I think that this Commission - and I can't speak for them, as you well know - I think this Commission would definitely accept a transfer or a special exception, which you say would be difficult to get, to try and keep peace and harmony in a neighborhood. I think they would go the extra mile. But I would have to know that there... what's going in there. I got to know that. Ms. Leiva: What is... Vice Mayor Plummer: Because I would restrict it. For example, if I were to vote favorably on this, it would have to be with the full knowledge that at no time could there ever be, whoever makes that definition, serious mental illness in this facility. And, you know, I have to say that whatever this lady was who got up there and spoke before, that's maybe not what you're intending, but that application says, in fact, that's where you did plan, when this application was filed, that's where you did intend to have it, whether you did it for paperwork, or whatever reason. That's the point. I would like to see this thing to try to get it in an area where I think it would be more appropriate. That's just my comment. Ms. Leiva: Commissioner... (APPLAUSE) 246 May 1, 1995 Ms. Leiva: Commissioner, the very nature of this program requires it to be in a residential area. There are no seriously mentally ill people there... (BOOS) Mayor Clark: Please, please, please. Ms. Leiva: These are individuals who are ready to live on their own. It's called independent living. The whole idea is that these individuals have satisfied and dealt with their other problems in other programs, and are now ready, either have started to work, or are, in fact, being trained in new job skills so that they can work. It is putting them back into the community to be part of the community. So the very essence and requirements of these types of programs is that they be in situations where they could function in a residential atmosphere, just like we all do. Vice Mayor Plummer: Not my question, but a question that was proffered to me by someone this morning - I don't even remember who - has any consideration been given to putting a facility such as this next to the new homeless facility proffered on Miami Avenue? Has any consideration been given to that? Whereas you have all of the problem areas together, you have the scenario, if this Commission would be so inclined, to give whatever the certificate is that's needed. I think, you know, that you could look into that scenario.. I just would much prefer to see it. Mayor Clark: All right. Let her go, let her go. All right, let's have somebody else. Sir, you want to speak? Mr. Lazaro Albo: Thank you. My name is Lazaro Albo. I've been a neighbor for this area for 30 years, and I worry about everything in Miami go to the City's area. My motion, I say before, I like this idea, J.L. Plummer has said, find a place and a house for the homeless. It be together, everybody over there, the sick people, police take... The police, the police is saving this area, and watch at one time the whole business community. Thank you very much. Mayor Clark: Thank you, Mr. Albo. You've spoken already, Mr. Rodriguez. Let somebody else speak, if they'd like to. You can speak again, but let somebody else. Mr. Fernando Gonzalez: Commissioners and Mr. Mayor, my name is Fernando Gonzalez. I live in 300 Southwest 4 Avenue... 4 Street, Apartment Number 4, right across the street of the Jose Marti Park, and three blocks from the facility. I'm going to speak for my community... Mayor Clark: All right. Mr. Gonzalez: ... for the people who live in my neighborhood. Mayor Clark: Yes, sir. Mr. Gonzalez: We have been working for more than three years, trying to clean the area from the bad people, and a strong crime watch, and trying to clean the streets of the garbage, every weekend, with my family and my neighbors. In this neighborhood, we have too many mental problems. We have too many boarding homes. I can invite everybody here to go to our neighborhood after eight o'clock at night to see what's going on in the neighborhood, and you will be convinced that we don't need that kind of center in our neighborhood. We are not opposed to the center. We are opposed to the center being in our neighborhood. We need a child care in that place, or whatever, a gym or whatever for our neighborhood, but we don't need in our neighborhood a place with people with mental problems, people who can kill or commit 247 May 1, 1995 crimes in our area. I don't say it, because I don't know. I'm a very poor person, you know, but my concern, my worry is my neighborhood. The Centro Mater have 400 children in the Centro Mater. It's 1500 children in the waiting list to be in the Centro Mater. It's OK to have another place like Centro Mater in that building. And also, it's dangerous for our children. If somebody go to the Jose Marti Park now, he will see the Jose Marti Park very clean, very nice, beautiful, because we, the neighbors, we did that job in our area, and we support the owners of the business on the area, the investors, the people who have plans to create a new business in the area, and then they said if Dade Center come into the area, we don't going to make anything. We going to move out to another place. Mayor Clark: All right, sir. Thank you. Mr. Gonzalez: That's why. Mayor Clark: Thank you, sir. (APPLAUSE) Mr. Gregoire Joseph: I'm so glad to talk for administration about what my population. This is the same problem that I see for Spanish people is the Haitian people have same problem. Somebody can have the opportunity make the family happy. So I am so glad to come tonight to introduce my problem, the situation for the community to fix for some action. Mayor Clark: Thank you, sir. (APPLAUSE) Mr. Joseph: OK. This... My name Gregoire Joseph. Mayor Clark: Gregoire Joseph. Mr. Joseph: So I live Southwest 4341... 13416 Mayor Clark: Thank you. Mr. Joseph: So if you need the information, you can see the business for them. Mayor Clark: Very good. Thank you, sir. (APPLAUSE) Mr. George Kairuz: My name is George Kairuz - K-A-I-R-U-Z - 7690 West 29 Way, Hialeah. I don't live in this area where this problem you have, but... and I, as a director and president of Juvenile Rescue, I worked in that area for the last three years. I got all these applications here of the young people taking drugs, young men that go and rob, steal bicycles, jewelry from their own parents. I don't think these people deserve no more problems. Mayor Clark: All right. Mr. Kairuz: They have enough. I can furnish you this, Commissioner here, and the Mayor, with all these telephone numbers, addresses. They going through something real bad. And to place something like the other party wants to do there is to make that community worse. Thank you. Mayor Clark: Thank you, sir. 248 May 1, 1995 A (APPLAUSE) [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 SERGIO RODRIGUEZ, ASSISTANT CITY MANAGER.) Mr. Marcelino Nisarane: Marcelino Nisarane. YO VIVO EN EL AREA... Mr. Rodriguez: You have to speak... TIENE QUE HABLAR MAS ALTO, POR FAVOR. DIGA SU NOMBRE OTRA VEZ. Mr. Nisarane: Marcelino Nisarane. Mr. Rodriguez: Marcelino Nisarane. Ms. Matty Hirai (City Clerk): Nisarano. Mr. Nisarane: VIVO ALLI EN 615, A DOCE METROS DEL Salvation Army POR VARIOS ANOS, Y CONOZCO Y VEO LA SITUACION DE LA ZONA PORQUE NUESTRO EDIFICIO ES DE PERSONAS DESABILITADAS Y RETIRADAS. SIEMPRE QUE HA FUNCIONADO ESA SITUACION EN EL Salvation Army, ASI O OTRAS COSAS, SI SE PONE ESO DE... SI EL PLAN SE LLEGA A REALIZAR, SERIA PROLIFERAR LAS DROGAS, LA PROSTITUCION, LA DELINCUENCIA, EL ASALTO, DONDE NI LOS NINOS PUEDAN SALIR A LA ESCUELA, YA QUE EL DROGADICTO SE VE EN LAS MANANAS HACER SUS NECESIDADES, TANTO LAS PROSTITUTAS COMO LOS HOMBRES, ALANTE DE LOS NINOS Y LAS NINAS, EN PLENA CALLE. LO HE VIVIDO DIA A DIA. COMO SE ENCONTRARIA LA CALLE EN ESTE MES QUE ESO ESTA CERRADO. NO SE VEN NI TRES DROGADICTOS EN LA ZONA. SI RETORNA A TRAER LOCOS Y DROGADICTOS ALLI, QUE NO SE ESPERA! QUIEN NOS VA A RESPALDAR? SI UNA COMISION ES PARA AYUDAR A LOS RESIDENTES, NO PARA... Translation: I live in 615, 12 meters from the place for several years, and I see and understand the situation of the zone, of the area, because our building is one of people which are already retired and disabled. Everything that has always worked in the Salvation Army, it will be something similar that would create a big problem in the area. If the plan is... were to be implemented, it would be... it would proliferate drugs, delinquency, prostitution, and assaults, where not even the kids would be able to go out to go to the school, because the drug users will... are seen in the area, go in the morning to do all their... take care of their physical needs. Even prostitutes and other bad users, in front of kids, boys, and girls, in the middle of the street. I have seen this day by day. How would be the situation during this month that this place has been closed, that you don't even see even three drug users in the area. If they come back, to bring crazy people and drug addicts to the area, what would happen to us? Who's going to help us? If the City Commission is there to help the residents of the area. Mayor Clark: Thank you, sir. GRACIAS. (APPLAUSE) Commissioner De Yurre: Mr. Mayor, if I may. I would like to ask a couple of questions, and I want to make a motion. I want to bring this to a close. OK? 249 May 1, 1995 Mayor Clark: Right. You got it. Commissioner De Yurre: I'd like to hear from Mr. Obregon. I want to ask him a couple of questions. Mario? Excuse me. What are the alternatives that you have, that you're facing right now, as far as whether you get an approval today, what happens if you don't get an approval, or what's going to happen, just so that we're aware of what your alternatives are? Mr. Jardon: We already have the contract with Metropolitan Dade County approved. We have a contract with the Salvation... Mayor Clark: What kind of a contract do you have? Mr. Jardon: CDBG, for capital purposes. We have an approval to acquire the property with CDBG funds, Mr. Mayor. And we have also the contract with the Salvation Army, which has a time certain for execution. If we were to be denied here today, we will operate a housing, whatever, rooming house. If we were to be approved, then we will do the medical program that we would like to do, and with the supervision and the counselling that we would like to do. Mayor Clark: Any questions? Commissioner De Yurre: OK. I want to make a motion, Mr. Mayor. Mayor Clark: All right. Commissioner De Yurre: Just to wrap this up. There's a lot of neighbors that are here that are opposed to what's going on. Unidentified Speaker: You haven't heard from the residents of... Mayor Clark: Wait a minute. Let these... He's got a motion, now, please. We've had three, three shots at this now. Commissioner De Yurre: That's right. Mayor Clark: If we don't know what the problem is now, we'll never know it. Commissioner De Yurre: I think that certainly, if we were to defer this one more time, it would just be a mushrooming effect, and we'd get more and more people here. I feel the sense of the community. Hopefully, this motion that I'm going to make will prove to be the right decision in the long run, and the area will better itself, but I would move at this time to deny the special exception request by the applicant. (APPLAUSE) Mayor Clark: Please, please, please. Commissioner Gort: What... Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I'll second the motion. The reason I second the motion is my staff has been doing some study in our area. As you recall, we had to make the big decision. The City of Miami is the only one that has taken a decision in working with the homeless, when we approved 250 May 1, 1995 the homeless shelter that was approved on Miami Avenue. I have a study here that can show you how many facilities exist within that area, right next to the river here. And my understanding is that could be very controversial to a neighborhood. If you look at it, they are all concentrated within the City of Miami, and 70 percent of it is concentrated within this one area, which is what you call Little Havana and Overtown. And I think it's about time we start doing something on these things. Commissioner De Yurre: And certainly, Mr. Mayor, for the record, I feel that we need to clean up that area. We've lived... My family and I lived in that area about and around the Orange Bowl for over 20 years, so I know it well, and certainly, I believe, and, hopefully, with what is being proposed here by the owners, that they'll make this thing work, that they're going to improve the property and bring things that are desired to the area, like you're proposing, to fix it up. That would be the proper thing, so that's my motion. Mayor Clark: The motion is to deny the special exception. Any further discussion? Vice Mayor Plummer: Mr. Mayor, my only discussion is, and it's pretty foregone, which way this vote is going to go, assuming that this is denied, I think the City should have a responsibility that they should try and work with this group, to see if there is not something else that the City can do. Forget about the residents, but see if there's not something that the City can do to find, to assist these people. They have the grants. God knows there's a need. OK? There is a need. And if, in fact, we deny this application, which I feel the vote is going to be, then the City, I think, has an obligation, Mr. Rodriguez, to work with these people, if any way humanly possible, to find a way to do it. Mayor Clark: All right. Just a moment, now. Who owns a Sedan de Ville, beige Cadillac Sedan De Ville? Who owns that? Yours? You better move it because they got a tow truck on it right now. Commissioner Dawkins: OK. Mr. Mayor. Mayor Clark: Yes, sir. Mr. Richard Roebuck: Can they speak... Commissioner Dawkins: No. Mr. Roebuck: ... before you make your final decision? Commissioner Dawkins: I hear J.L., and I hear Victor. My problem is, who has the expert on whose side? Did they produce experts that said that their property will devalue, go down? They have produced people who said that the life style will be bad, and that the type of individuals will be detrimental to their children, which I believe. Now, if... That's good enough for me, but I don't think it's the City's responsibility, and that's just my opinion, to attempt to find another facility to assist another 501-C3, anything. Mayor Clark: OK. Commissioner Dawkins: It's about time that some for -profit organizations decide to do something. Our Federal government has said, Mr. Mayor, over and over, they are cutting out money for 501-C3s. So therefore, if anybody out there is interested in a for -profit organization, then I am willing to work with it to find a space to put it. But we, in my opinion, got enough 501-C3s located within the City of Miami. 251 May 1, 1995 its.., Mayor Clark: Thank you. Listen. Who owns a Cadillac Sedan De Ville? It's beige in color, tag number, 1GN-39V. You're in this room somewhere. You're parked behind Commissioner Dawkins' staff parking, double parked. Commissioner Dawkins: Call the tow truck immediately. Call the tow truck immediately, and let them move it so that the employee can go home. Mayor Clark: Who owns a Cadillac? Beige. Vice Mayor Plummer: It's probably Mrs. Dawkins. Commissioner Dawkins: Then don't call the tow truck. I can't go home. Mr. Rodriguez: Mr. Mayor... Mayor Clark: All right. Please. Mr. Rodriguez: You want me to say it in Spanish, in case? Mayor Clark: Well, go ahead, say it in Spanish. Mr. Rodriguez: ALGUIEN TIENE UN CADILLAC, SEDAN DE VILLE, COLOR BEIGE, QUE ESTA PARQUEADO DETRAS DE OTRO CARRO? SI NO LO RECOGE PRONTO, SE LO VA A LLEVAR EL CAMION. Mayor Clark: Now you might say it in Haitian, too. Mr. Rodriguez: That part, I cannot cover, sir. PARLEZ-VOUS... Mayor Clark: All right. There's a motion on the floor. We'll give you... We'll give you a minute to say what you want to say. What are you... What's your name, and where do you live? Mr. Roebuck: My name is Richard A. Roebuck. I live at 1339 Southeast 9th Avenue. It's in Hialeah, sir. Mayor Clark: Yeah, what do you want to say? That's all. Mr. Roebuck: I want to speak about the end product of what we're talking about. Mayor Clark: About the what? Mr. Roebuck: I'm about yes for Northwest Dade, sir. I reside in one of Northwest Dade's residential center. I am an end product of what they call mental ill. I am not mental ill. I was homeless six months ago, sir. Mayor Clark: Yeah. Mr. Roebuck: I stand before you now as an employed human being, as a tax -paying human being. I'm still with my wife, which is standing behind me. Mayor Clark: Yes, sir. Mr. Roebuck: I produce for this City. I have become a contributing member for this City. I'm a registered voter now. I am off the street. I am not a drug dealer. I am not a drug taker. I am not 252 May 1, 1995 $J^, an alcoholic. I am now a contributing member to society. I go to school every day. I am kitchen manager for Shoney's up on 3549 LeJeune Road, sir. I am not the type of product they would see, that would stand out in front of Salvation Army, and sell drugs, and take drugs. I am not the type of person that you will see stand out there and prostitute their girlfriend and their wife. This is my wife, which stands next to me, and I am very proud to have the chance to be with her. It comes to a shame that we say, "Don't put it in my community." But we have to all look at each other. We are a country of immigrants. We all came here. We've all given each other the opportunity. Why don't we look into our hearts, and really search ourselves, and say, "Are we giving each other a fair chance?" We each had the chance to carve a little notch out of the world. Now, we built a fence up around it, because we say, "We don't want that trash here, we don't want this here." Let's take a look at each other. Look over the fence, instead of trying to look through the fence. Mayor Clark: All right. Thank you, sir. Mr. Roebuck: Thank you, sir. (APPLAUSE) Mayor Clark: No, that's the end, that's the end. We've been on this for an hour. Call the roll, Madam Clerk. Call the roll. This is a motion to deny the exceptional use. Is that right, Victor? Commissioner De Yurre: Special exception. Mayor Clark: Special exception. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-334 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 934, COMMUNITY BASED RESIDENTIAL FACILITIES, SUBSECTION 934.3, CERTIFICATE OF USE NOT TRANSFERABLE, TO ALLOW A CHANGE OF OWNERSHIP OF CERTIFICATE OF USE NO. 105341 FOR THE PROPERTY LOCATED AT 250 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-4 MULTI- FAMILY HIGH DENSITY RESIDENTIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 253 May 1, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: For the reasons stated before, and looking at this map that was compilated from the HRS (Department of Housing and Rehabilitative Services), homes and locations that are in that area, I vote yes. Commissioner Dawkins: I'm voting yes because I feel that we do need to assist everyone, but we do need to share the... spread the burden out over Dade County, and not concentrate the burden within the City of Miami. Therefore, I vote yes. Commissioner De Yurre: As maker of the motion, I vote yes. Vice Mayor Plummer: As far as I'm concerned, I think we have an obligation to help, but in this particular application, I have to vote yes. COMMENTS MADE FOLLOWING ROLL CALL: Mayor Clark: Ladies and gentlemen, the petition has been denied. Explain that in Spanish, would you, Sergio. Mr. Rodriguez: SI. LA APPLICACION DE LAS PERSONAS QUE TRATARON DE MANTENER ALLI EL EDIFICIO NUEVO, HA SIDO VOTADO EN CONTRA. O SEA, QUE USTEDES BASICAMENTE GANARON. (APPLAUSE) Mayor Clark: Thank you. My pleasure. All right, please leave quietly. This is only the first item out of a 20-item agenda today. Please leave quietly. Thank you. Commissioner Gort: This might go to court. Vice Mayor Plummer: Oh, it will go to court. 254 May 1, 1995 ----------------------------------------------------------------------------------------- 88. DISCUSS AND CONTINUE CONSIDERATION OF APPEAL OF SPECIAL EXCEPTION FOR A TRANSMISSION TOWER IN CONNECTION WITH A PROPOSED CELLULAR COMMUNICATION SITE AT 749 N.W. 5 AVENUE - INSTRUCT CITY MANAGER TO MEET WITH APPLICANT AND DONALD BENJAMIN, CHAIRMAN, OVERTOWN ADVISORY BOARD, IN AN EFFORT TO FIND ALTERNATE SITE, AND MAKE RECOMMENDATION TO COMMISSION WITHIN 90 DAYS. (Applicant: Robert F. Oden. Appellant: Overtown Advisory Board.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Sergio, number 2. Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir. Mayor Clark. Please leave quietly, folks. Mr. Joe McManus: Mr. Mayor, item PZ-2 is an appeal of a Zoning Board decision. The Zoning Board granted a special exception to locate a transmission tower in conjunction with a cellular communications site at 749 Northwest 5th Avenue. This came with the recommendation of the Planning, Building and Zoning Department. Mr. Mayor and members of the Commission, last July, this Commission directed the Administration to engage a consultant to conduct a study of the cellular telephone communications site. We were able to do that. We effected a contract with a professor from the Electrical Engineering Department of Florida International University. He conducted a study. We were satisfied with the results of the study. The bottom line of the study is that this... the cellular communications site and the distances involved meet the national standards that are approved by the Federal Communications Commission. We're further recommending that there be a one-year review of the... of this site, if you choose to approve the special exception. The particular professor that we had engaged at Florida International University, unfortunately, has a very serious illness in his family. His wife is currently at Mercy Hospital, and he was unable to attend. Thank you. Mr. Rodriguez: If I may clarify, Mr. Mayor, the one-year review should be specifically to measure the actual power density levels upon commencement of the regular frequency transmission, which is exactly the language that was used by the expert. Mayor Clark: Is this an appeal? Mr. Rodriguez: It's an appeal, sir. Vice Mayor Plummer: Well, Mr. Mayor, can... For the record, since the expert can't be here, you know, we've got to come to some bottom line here, you know? Cellular phones are multiplying faster than rabbits, and there's going to be more and more requests for towers to accommodate the needs of the people who are buying these things up faster than they can produce them. Now, if every time we come here, someone is going to talk about the micro oven, and talk about this, and talk about that, I think that first and foremost, we need to establish, without question, that there is or there is not a problem. Now, if we establish that and we're convinced of that, then let's move on from that position of the... concern about the vibrations coming from these things, and let's talk about it in terms of zoning, or in some other manner, because I can just envision that... You know, you're limited to the amount of distance that these antennas can transmit, I know that, less than regular transmitting. So I think somewhere along 255 May 1, 1995 W� the line, whether it's this particular issue, or issues which I'm sure are going to be coming before us in the future, we've got to establish, first and foremost, that there is absolutely nothing, scientifically or medically, is either right or wrong, and then let's move on to it from a standpoint of zoning. I think that's where we are. But, you know, we're just... Every time come up here now, we're talking about micro ovens, and the antennas, and the pacemakers. Brother Ben. Mr. Donald Benjamin: Mr. Mayor. Mayor Clark: Yes, sir. Your name for the record. Mr. Benjamin: I'll do that. City Commissioners, my name is Donald F. Benjamin. I live at 417 Northwest 6th Street in Overtown. I'm still serving as chairman of the Overtown Advisory Board until the newly elected board is sworn in later this month. As a matter of fact, I was elected to the new board. This is an appeal of a special exception granted by the Zoning Board of the City of Miami for a transmission tower in connection with a cellular communications site at 749 Northwest 5th Avenue in Overtown. We are concerned about our health that could be injured, and our homes that may be damaged from this cellular transmission tower. We are concerned that there is a children's playground with a day-care center within it, just one block away from this site, and another day-care center just four blocks away, which is run by the YWCA (Young Women's Christian Association). When this application first came before the Zoning Board, the Planning Department made the recommendation to deny it. The Zoning Board, instead, asked the City to provide it with an expert consultant so that it may be informed regarding the possible health hazards that might affect the neighborhood. The consultant hired by the City agreed with the technical experts engaged by Cellular One that the level of frequencies from the cellular transmission tower will be within safe levels. The Planning Department subsequently changed its mind and recommended approval to the Zoning Board. Of course, the people of Overtown could not afford to have their own independent consultant at that time, and we're in no position to argue the case that it was not enough to accept the safe zone concept, but that the applicant had to show that there is no health hazard, and that there will be none. The result is the Zoning Board approved the special exception for the cellular transmission tower. However, several people in Overtown believe that was a wrong decision, and as a result, I filed this appeal to the City Commission. We are convinced that it is not enough for the experts to say that the tower will operate within safe levels of the electromagnetic fields. We feel strongly that the burden of proof that there is no health hazard is the responsibility of the applicant, who must show that the approval of the special exception for this cellular transmission tower will not have any unfavorable effect on the community, and will not create any kind of health hazard. As I said, the burden is on the applicant. The community does not have to show that there is or will be a health hazard. In other words, to be entitled to get a special exception, the applicant must establish substantially and clearly that there is no health hazard, and also show, without any doubt, that the transmission tower will not cause any health hazards. The staff of the City of Miami do not have the expertise to deal with health hazards caused by the electromagnetic fields of this transmission communications tower. It is not possible for the City staff to tell this Commission what are the health hazards caused by cellular transmission communications towers. I suspect that the staff may be aware of the potential biological effects of radio waves and frequencies used by cellular. The staff may also know that no definitive or conclusive study linking cellular communications to any disease or other health hazards has been completed or produced in the United States. Metro -Dade County Commissioner Kathy Sorenson recently requested information on the subject, and in a report to her on radiation from transmission towers, she was informed that if the County Commission wanted to pursue a policy of establishing electromagnetic exposure standards in Dade County, that it would have to create an advisory group with appropriate technical expertise beyond what is presently available in the County. In that same report, there is a quotation from the EPA (Environmental Protection Agency) director of the Office of Radiation and Indoor Air that, "The EPA must await the outcome of the research effort underway before issues associated with any 256 May 1, 1995 as yet unidentified health effects from cellular based stations can be effectively addressed, and that the the EPA has not conducted any study which concludes that there is a level at which there cannot be any nonthermal effects, nor are we aware of any study that reaches that conclusion." So says the EPA director of radiation and indoor air. It is clear that there is no way, at this time, that we can be certain that these cellular transmission towers are not causing injuries of any type to people in close proximity or to people who live in the vicinity of these cellular transmission towers. Dr. Mark Joseph Hagmann is an engineer in the Department of Electrical and Computer Engineering of Florida International University, who has testified before the Committee on the Environment and Public Works of the U.S. Senate, as an expert witness on the hazards to humans exposed to electromagnetic fields. He will tell you, after having served on various committees to determine guidelines limiting human exposure to electromagnetic fields, that there is much concern, and considerable uncertainty regarding the deleterious health effects caused by the exposure of human beings to electromagnetic fields. Dr. Hagmann suggests since there are substantial questions regarding possible health hazards that it is unconscionable to place a cellular transmission tower in an area where there are people, and especially small children. He is confident that the industry does not know that the placement of the cellular transmission tower will or will not constitute a hazard to the health of humans. Let me tell you a little about Dr. Hagmann's background, because I would invite him to speak to you next. Dr. Hagmann's expertise has largely been on antennas and the interaction of electromagnetic energy with humans. He has a great deal of background experience in biomedical applications, as a result of his working with the National Institute of Health for four years. His Ph.D. dissertation is entitled "Numerical Studies of Absorption of Electromagnetic Energy by Man." He has spent 18 years in research related to the interaction of the electromagnetic fields of the human body. He invented the first patent issued at FIU (Florida International University), which is a device for measuring the electrical currents induced in the human body by electromagnetic fields. And there's a lot more. Dr. Hagmann's primary concern is some studies suggest that electromagnetic fields act as promoters for cancer, especially leukemia in children; the effects on the eyes, such as the formation of cataracts, and changes in the normal heart rate. There is considerable disagreement among the experts. There are two papers that demonstrate these differences. One paper is "Electromagnetic Fields." The jury is still out. Commissioner Gort: Do you understand all this? Mr. Benjamin: I know it's difficult, but we're trying. Vice Mayor Plummer: Mr. Benjamin, I want to tell you, sir, first of all you haven't been sworn in, so I would hope you would be sworn in and then... Mr. Benjamin: I was sworn in. I did, I did swear in. Vice Mayor Plummer: OK. I got to tell you something. You're talking about things that are... I don't understand. Mr. Benjamin: Well, you see, Mr. Commissioner, when we appeared before the Zoning Board, this is exactly what happened. The City had an expert who talked this way, the cellular people had an expert who talked, I had no expert. Now, I found an expert. I'm entitled to say this. Vice Mayor Plummer: Yeah, but you're talking about magnetic fields. Mr. Benjamin: Well, this is the problem. This is the problem. Vice Mayor Plummer: You know... Excuse me. Can we have, you know... If, in fact, if we come to it, your expert says no problem, their expert says no problem, their expert says problem. But... 257 May 1, 1995 ,is:. Mr. Benjamin: That's the problem. That's the problem. Vice Mayor Plummer: Yeah, I understand that's the problem, but me trying to understand magnetic fields and radiation, that's not my cup of tea. Remember, I'm an undertaker. I'm on the other end. OK? I mean, you know, I... Mr. Benjamin: But Mr. Vice Mayor, I mean, this is what we were hit with at the beginning. We appeared. Vice Mayor Plummer: I got to be honest with you. Mr. Benjamin: We appeared and we talked about problems facing the community, and it made no difference. The Zoning Board wanted to talk about this. And the City had their expert, and Cellular One had their expert. Mayor Clark: Who was their expert? Who was their expert? Mr. Benjamin: Dr. Hagmann, please come forward. Commissioner De Yurre: J.L., you've lived next to one of those antennas for a while, haven't you? Vice Mayor Plummer: I think so. Commissioner De Yurre: You're an example. Vice Mayor Plummer: Yes. Mayor Clark: Is this the expert the City used? Mr. Benjamin: No, no, no. This is our expert. Vice Mayor Plummer: I moved and gave the house to you. It's... Mayor Clark: You going to read all this? God Almighty! Vice Mayor Plummer: Is this in simple language? Mr. Benjamin: Very... Just as simple as mine. Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor. Mayor Clark: Yes, sir. Mr. Maxwell: You need to swear in all the witnesses. Mr. Benjamin: Well, we swore in. We swore in before. Mayor Clark: I've sworn them in twice. Everybody that may testify in any hearing this afternoon, please raise your right hand and be sworn by the clerk. Mr. Maxwell: Raise your right hand. 258 May 1, 1995 AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Mayor Plummer: And before you start, because of the title, I want to make sure that this is an overall statement, not just to this one given location, because as stated here, it would imply that it's only to this location known as Site M-159. Commissioner Dawkins: Mr. Mayor, may I? Dr. Mark Hagmann: If you read the last... excuse me. Mayor Clark: Give your name and address for the record. Dr. Hagmann: Excuse me? Yes, my name is Mark Hagmann. I'm a professor at Florida International University. The address would be University Park. The zip code is 33199. Commissioner Dawkins: OK. You said that you are an expert witness. Dr. Hagmann: I'd like to say, yes, I am an expert witness. Commissioner Dawkins: No, no, no. Well, say yes. I mean, I understand English. Yes or no? Dr. Hagmann: And... The last page, if you wish, yes, sir. Commissioner Dawkins: You are an expert. Now, what do you base your "expertness," what qualifications do you have that spell out that you are an expert in what you're about to say? Dr. Hagmann: That's why I refer you to the third page. Commissioner Dawkins: Third page. Dr. Hagmann: Third page. I want the information first, but my introduction, if you will, is on the third page. Commissioner Dawkins: No, no, no. Just tell me what credentials you have that qualify you as the expert that you say you are. Dr. Hagmann: The central reference cited by Dr. Babij in his report, the central reference indicating what is safe and what's not safe. If you'll look on the third page, I'm one of the authors. I think that has... I think that would clarify me as an expert. Commissioner Dawkins: Not necessarily, because that don't have to be right, what he wrote. Dr. Hagmann: OK. Commissioner Dawkins: OK. Go ahead. Vice Mayor Plummer: Can I ask another question, please? Mayor Clark: Yeah. I wish you would... Vice Mayor Plummer: Are we arguing here about the possibility - I see here something about six feet - that this thing could be safe if it was 80 feet, rather than six feet? Is there something here that says that if it was done in a different way, it would be safe, or we're not saying that? 259 May 1, 1995 44, A Mr. Benjamin: If it's on the... Any tall building is safe. Vice Mayor Plummer: Well, I'm saying if they have a tower... I don't know how high this one is proposed to be. Mayor Clark: Ten thousand feet. Vice Mayor Plummer: But if they had... if they had a tower that was 150 feet, that it would be safe, or it would not be safe? Dr. Hagmann: I would like specifically to respond to this report. Vice Mayor Plummer: O.K. I tried. Dr. Hagmann: And I'd like to... Sir, I'd like to be able to specifically respond to this. I want to address the issue of whether or not this report says it's safe. It really doesn't. Mr. Maxwell: Mr. Mayor... Dr. Hagmann: And I'd also like to... Vice Mayor Plummer: Yeah, but you see, the problem is... Dr. Hagmann: I can only address a specific configuration, if I want to say it's safe. Mayor Clark: Hold it, hold it there, Mark. Mark, hold on a minute. Yeah. Vice Mayor Plummer: That's by the.... Mr. Maxwell: Mr. Mayor, could we please have the witness state his credentials? I know he's passed out this, but he... Vice Mayor Plummer: On page 3. Mr. Maxwell: I know it, but could he just state succinctly on the record? Commissioner Dawkins: But he's got to put it in the record. Dr. Hagmann: I'd be very happy to. I'm an associate professor in the Department of Electrical and Computer Engineering at Florida International University, and I've been so since 1986. Previous to going to FIU, I was a senior staff fellow in the Biomedical Engineering and Instrumentation Branch of the National Institute of Health, working specifically, again, on the interaction of electromagnetic fields with the human body. My Ph.D., which was granted in 1978, was specifically on the topic, "Numerical Studies of Absorption of Electromagnetic Energy by Man." I'm a member, an active member of ten professional societies, including the American Institute of Physics, the American Physical Society, the Institute of Electrical and Electronics Engineers, et cetera. In South Florida, I am the only honorary member of the Electromagnetics Academy of the Department of Electrical Engineering and Computer Science at MIT (Massachusetts Institute of Technology). I received an Outstanding Achievement Award for my work at Florida International University in 1990. I've published 72 papers in peer review journals, 61 papers in conference proceedings, primarily on simulations and measurements of the interaction of electromagnetic energy with the human body; chapters in two scientific books; 152 presentations at international symposia; 43 invited guest lectures at various universities and laboratories in the U.S. and abroad. 260 May 1, 1995 !4- Commissioner Dawkins: So in your opinion, and as an expert, this facility is damaging to the health of the residents in that area? Mayor Clark: Simply. Commissioner Dawkins: Professionally, is that what you're saying, yes or no? Yes or no? Dr. Hagmann: I cannot say it's damaging. Commissioner Dawkins: All right. So we don't need to hear anything else. If you... you came here as an expert witness. You can either certify what they are saying, or you have to disagree with what they're saying. But to give me a long dissertation, and then tell me when you finish, "I may be right and I may be wrong," I mean, you're just prolonging the meeting, in my opinion. Now, if you are an expert, and you say you are an expert in this area, then I need to know from you, as the expert, will this tower contribute to the ill health of the residents in that area. Dr. Hagmann: I feel the probability of danger to them is so much, I would not have it next... close to my house. I would not have it there. Mayor Clark: That doesn't say nothing. Commissioner Dawkins: Well... OK, I will ask you again, and then I can understand. In simply "yes" or "no." Expertly, as a witness, will this damage the health of the residents around it, or won't it? Dr. Hagmann: I feel, yes, there is a hazard to them. Commissioner Dawkins: OK. Yes. Thank you. Dr. Hagmann: There is a hazard. Commissioner Dawkins: Well, that's all. Mayor Clark: That's it. You don't have to go any further. Commissioner Dawkins: That's it. Mayor Clark: As an expert, he's testified before the Senate Committees, is accepted as a... Are you all right now, Mr. Attorney? Mr. Maxwell: Yes, sir. Vice Mayor Plummer: Where are we now? Mayor Clark: OK. Well, he just made his statement. All right. What else? Reverend John White: One other point. Mr. Benjamin: We have another speaker. Reverend White: Mr. Mayor and Commissioners, my concern is beyond health hazards. Mayor Clark: Your name, please. 261 May 1, 1995 Reverend White: Reverend John White, 245 Northwest 8th Street. My concern is more so J.L.'s concern, the zoning piece of this, and we let the experts, but Overtown has been devastated over the years by undesirable kinds of things that have hampered this community. My position, as a leader of the community, a part of the community, for us to continue to allow anything to go in Overtown is the detriment to its development and its future growth. I raised the question a few moments ago, a few hours ago. This Commission gave us a hundred and twenty-five thousand dollars ($125,000) to begin a development process in the same area where this proposal is to go. It appears to me that if we are going to redevelop Overtown, when we're talking about putting in a 202 elderly housing piece, it's going to adversely affect people with heart pacers. I'm suggesting, Mr. Mayor and Commissioners, that we do not grant this permission, this special exception at this time for the Overtown community. There are some other areas and some other compromise. I urge the Commission to look at other compromise for this particular area. Thank you, sir. Commissioner Gort: Mr. Mayor. Vice Mayor Plummer: Wait, wait, wait. Give me one compromise. Reverend White: My understanding is, in talking to the consultant from Cellular One, that the City police station, you could put the tower on top of the police station. That's their recommendation as an alternative, coming from them. Vice Mayor Plummer: I'll ask if that's been explored. Reverend White: OK. Mayor Clark: What? Vice Mayor Plummer: I'll ask if that's been explored. That's a potential. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: I have a question. I think Reverend White brought up a good point. On Friday, we confirmed in creating the Downtown... I mean the Overtown... Mayor Clark: CRA (Community Redevelopment Agency). Commissioner Gort: ... CRA. Does that do anything to the planning that we have, the CRA? Is that planning, that zoning changes as part of the planning of the CRA? I have not had a chance to read the whole plan and to read the whole thing. Commissioner Dawkins: Yeah. I was getting to that. The CRA will be the one that will ensure that these type of obstacles to the redevelopment of Overtown do not occur. But this one, we cannot deal with, Commissioner Gort, because it's gone, and it's... what have you. Commissioner Gort: OK. I just had the question. Thank you. Commissioner Dawkins: But we will... We will be looking at, as you said, if... If they say that a cellular phone should not be put in your pocket if you got a pacemaker, then it would stand to reason that this tower - and I'm just talking - should not be in your neighborhood, if you got a pacemaker. 262 May 1, 1995 Vice Mayor Plummer: And for the record, I was just informed you could not put it on top of the police department because they land helicopters there. Mayor Clark: Where? Commissioner Dawkins: Well, you put helicopters on top of it, but we could put it on top of the Fire Administration Building. Mr. Benjamin: I think, Mr. Chairman, it's any high building. That's the inference here. Vice Mayor Plummer: Hey, I... Mayor Clark: All right. Yes, ma'am, give us your name and address. Ms. Jacqueline Johnston: My name is Jacqueline Johnston. I live at 269 Northwest 7th Street. Mayor Clark: Yes. Ms. Johnston: I own one of the condominium units at Poinciana Village, which is two blocks east of the proposed Cellular Tower. The residents of Poinciana Village have two concerns about the tower. First, its appearance will not enhance the neighborhood or our property value, and we bought into this neighborhood with the understanding that it was going to be one of the areas that Miami would nicely develop. Another concern which we've touched upon is the possible long-term negative health effects of the tower emissions. This issue has already been dealt with, so I'm not going to talk about any things that I've read on this issue. But, personally, I don't want to hear in ten or 20 years that residents living near the tower have a higher than usual amount of leukemia and other cancers. I love Miami, and I love where I live, but if I become convinced that I'm living in an unhealthful environment, I'm going to move away, and I'm sure that other job -holding, taxpaying residents would make the same decision. Mayor Clark: All right. Ms. Johnston: Please don't cause a setback in the development of Overtown, which you have so wonderfully begun. Thank you. Mayor Clark: Thank you, ma'am. Vice Mayor Plummer: Mr. Mayor, may I ask of the applicant, or the attorney of the applicant... Mr. Benjamin: We don't have an attorney. We can't afford one. Vice Mayor Plummer: No, no. Well, OK, then the other side. Mr. Benjamin: Oh, you mean the applicant of the... Vice Mayor Plummer: Ms. Dougherty, who's representing them. Ms. Dougherty, have you or would you consider, your client, for example, the Administration Building of the City? We go around all the time asking people to allow us to put the City antennas on top of tall buildings. If we could work that out with your client, would that be a possibility? Mayor Clark: Why not? Somebody's shaking his head out there. Is he the engineer? Vice Mayor Plummer: I mean, you're only talking about a block or two away. 263 May 1., 1995 Mayor Clark: How about the Arena Towers? Vice Mayor Plummer: No, I think you... Mayor Clark: Why not? Mr. Benjamin: Very good. Vice Mayor Plummer: It's too close to the boulevard. Mayor Clark: It's too close to the boulevard? Vice Mayor Plummer: Yeah, for the helicopter. Mr. Benjamin: Any high building. Ms. Lucia Dougherty: It is something that we had explored before. And you're right, we had explored the police station site, but was told we couldn't have that. So I don't think that my client would have any objection to doing that, but the problem is, we have been paying rent on this site since August. We waited for your cellular report to come from your expert (also from FIU, incidentally), and your expert came in and said that there were no health risks. Our expert said there were no health risks. So all I'm saying to you is that we have been paying rent on this site since August, and we're... Mayor Clark: Please, please don't use that... Commissioner Dawkins: Would you declare... I mean, would you say that the rent that you paid was the down payment on an investment? Mayor Clark: Yes, it was. Ms. Dougherty: Probably. Commissioner Dawkins: OIL. So... so... so... Vice Mayor Plummer: Did you call collect? Ms. Dougherty: No, sir. Vice Mayor Plummer: I would like to move that this matter be deferred, and that the City sit down with them and make an honest attempt to locate this on what the City feels is... either the Administration Building, the Mayor suggested Arena Towers, whatever facility is high, high, high, to work with them, and let's try to appease the residents of the community, as well as try to accommodate the needs of the community. And I would move that at this time. Commissioner Dawkins: Second. Mayor Clark: Call the roll, Madam Clerk. Vice Mayor Plummer: Try to put it either on the Administration Building or... 264 May 1, 1995 ilar. The following motion was introduced by Vice Mayor Plummer, who moved its adoption: MOTION NO. 95-335 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2 (APPEAL OF SPECIAL EXCEPTION GRANTED BY THE ZONING BOARD FOR A TRANSMISSION TOWER IN CONNECTION WITH A PROPOSED CELLULAR COMMUNICATION SITE AT 749 N.W. 5 AVENUE); FURTHER INSTRUCTING THE CITY MANAGER TO MEET WITH THE APPLICANT FOR THE CELLULAR TOWER AND WITH MR. DONALD BENJAMIN IN AN EFFORT TO FIND AN ALTERNATE SITE FOR SAID TOWER WHICH IS HIGH ENOUGH TO BE CONSIDERED ENVIRONMENTALLY SAFE TO THE COMMUNITY; FURTHER INSTRUCTING THE MANAGER TO COME BACK WITH A RECOMMENDATION ON THIS ISSUE WITHIN 90 DAYS FROM THIS DATE. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Gort: I vote yes, based on the expert, Dr. Hagmann's testimony. COMMENTS MADE FOLLOWING ROLL CALL: Vice Mayor Plummer: With the proviso, Mr. Mayor, that nobody in the Administration Building gets fried. Mayor Clark: Listen. We have an item this morning... Just a minute, folks, it will just take us five seconds to handle this. Thank you, Mr. Benjamin. Thank you, Ms. Dougherty. Mayor Clark: Where is that item? Vice Mayor Plummer: Which item, Mr. Mayor. Commissioner Gort: The Civil Service appointment. Vice Mayor Plummer: No, not Civil Service. Mayor Clark: Where is that... 265 May 1, 1995 Vice Mayor Plummer: What? Commissioner Gort: Item 12 from Friday. Mayor Clark: The people from... Vice Mayor Plummer: Oh, that was the Sanitation Department, as far as an appointment to the Sanitation and Pension Board. Mr. Mayor, I asked at the last meeting that that be deferred until five, because I was approached by one or more of the Sanitation workers who, in fact... Mayor Clark: What? Just a minute. Vice Mayor Plummer: Sure. Mayor Clark: What's the matter? (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Mayor Clark: No, it's just deferred until we get all the stuff together. Well, say... How can you give a specific date when we haven't even checked it out? Let's say three months. In a meeting three months from now. Mr. Benjamin: Mr. Mayor. Mr. Mayor. Mayor Clark: Yes, sir. Mr. Benjamin: Excuse me. I'm not too sure I understood what action the Commission took on... Mayor Clark: We deferred this item until the City can get with these people and try to accommodate them on a high building, sir. Commissioner Dawkins: Up to 90 days. Mr. Benjamin: So it's denied for 749... Vice Mayor Plummer: No, it's deferred. Commissioner Dawkins: No, we're not, no, not denied. It was not denied. It was deferred. Vice Mayor Plummer: And let me go further and try to accommodate, Mr. Mayor. Mayor Clark: Oh, Jesus! Yeah. Vice Mayor Plummer: Mr. Benjamin, you are to be invited to sit with these people whenever they meet. Mr. Benjamin: With the City? Vice Mayor Plummer: The City meets with them to try to accommodate on a very high building, like the Administration Building, or some building like that. 266 May 1, 1995 pg, Mr. Benjamin: And I am to be part of those meetings. Vice Mayor Plummer: You can be invited to sit in. Mayor Clark: Absolutely. You... Make sure you're there. Mr. Benjamin: Thank you. Vice Mayor Plummer: That's all right. Mayor Clark: All right. Vice Mayor Plummer: Mr. Mayor, I was presented a petition in reference to the appointment to the Sanitation Employees Pension Board. Mayor Clark: Hold it, J.L. Vice Mayor Plummer: All right. Mr. Dougherty: Did you say how long? Commissioner Dawkins: Ninety days. Ms. Dougherty: Give me a 30? Mayor Clark: That vote and deferral was unanimous. Ms. Dougherty: Did we have a date certain on that, Mr. Mayor? Mayor Clark: Ma'am? Ms. Dougherty: Did we have a date certain on that deferral? Mayor Clark: I said 90 days. I can't pick out a date when these people will all get together. That will give you plenty time. You could meet before that. Commissioner Dawkins: Well, it would be September because... Mr. Maxwell: Ninety days will take us to August. Vice Mayor Plummer: Thirty days or less. I'm sorry, 90 days or less. Mr. Rodriguez: Up to 90 days. Vice Mayor Plummer: I think you can do it in 30 days. I mean, you're either going to agree, or you're not. Ms. Dougherty: So it just automatically gets back on this agenda when we decide it? Mayor Clark: Soon as they come to an agreement, we'll have it back on the agenda. Vice Mayor Plummer: Hopefully, by the end of May. No longer than 90 days. 267 May 1, 1995 Ms. Dougherty: At the end of May. Vice Mayor Plummer: Yeah. Ms. Dougherty: OK. Commissioner Dawkins: April, May... No, no, no. April is gone. May.. At the end of June is 90 days. Vice Mayor Plummer: Mr. Mayor... Mr. Rodriguez: May, June, July. Commissioner Dawkins: May... Vice Mayor Plummer: If I can try to... Mayor Clark: Please. Your attention, folks, please. [NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER AN ITEM FROM THE REGULAR PORTION OF THE AGENDA.] ---------------------------------------------------------------------------------------------------------- 89. DISCUSSION CONCERNING APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. Vice Mayor Plummer: If I can try to be as brief as I can. There is a discrepancy in the appointment to the Pension Board. Mayor Clark: Mr. T. Willard Fair. Excuse me, one moment. T. Willard Fair was appointed to the Civil Service Board, so he... Vice Mayor Plummer: That's correct, sir. Mayor Clark: He cannot serve on both boards. Vice Mayor Plummer: He resigned from the Pension Board. Mayor Clark: Yes. Commissioner Dawkins: And I move that Castell Bryant be appointed in his place. Vice Mayor Plummer: Second. 268 May 1, 1995 Pg., Mayor Clark: All right. Is that what you're looking for? Mr. Norman Charles: That's one of the... Commissioner Dawkins: Call the roll. Mr. Charles: That's one of the issues, Mr. Mayor. Commissioner Dawkins: Call the roll. Mayor Clark: Call the roll. Mr. Charles: The other... Vice Mayor Plummer: Wait a minute, wait a minute, hold on now, let's... because I don't want to get... Let me get the facts on the table, then we can vote. Commissioner Dawkins: OK. Vice Mayor Plummer: All right? The facts on the table is, I was presented and shown a petition, which I did not verify, but I accept as being signatures of approximately between 160 and 170 Sanitation workers. I don't know how many of those signing that petition were a member of the union, or just members of the Sanitation Department. There was a concern expressed by them that they wanted to see an individual to be retained and continued on that board to represent them. I then went to the Administration, and to Sue Weller, who, I hope, is here, and I said, this is the problem that is existing. They then went and came back to me with the following. There is a provision in the union contract which was signed that says basically that the union has the right to designate. That also goes on to say that it is governed by the union bylaws. The union bylaws do, in fact, give that right, according to the Administration, for the business agent of the union to so designate. I asked the question, doesn't it seem logical that if the people who are the participants to the Pension Fund should have the right to have a say in who they want? That sounds logical, but it's not what's in, according to Sue Weller, in the contract. So I would ask her to please make it very clear so these people understand that the petition was gathered. I thought that they had the right to have a vote. You're telling me, from the standpoint of the contract, that they don't have that right. So all I'm asking is, make it on the record very clear where this scenario is. Ms. Sue Weller: Commissioner, specifically, it's City Code 40-227, that states that: "Two trustees selected by Sanitation employees, which trustee shall belong to the bargaining unit represented by the union, and shall be elected and serve according to the constitution and bylaws of..." it says of the SEA (Sanitation Employees Association), but it would be of the union. Vice Mayor Plummer: Well, state what that says. Ms. Weller: So it's by their constitution. And their constitution basically says that the business manager shall be the recognized representative of the local union, and that is all it says. It is silent as far as any appointments to any boards, and it is covered by their constitution. Vice Mayor Plummer: All right. So what you're saying is, because that I maybe said the wrong thing. It would have been my opinion that the participants of the Pension Fund should have the right to designate who they wanted to represent them. What I am understanding, and make it very clear, that that is not the case. 269 May 1, 1995 Ms. Weller: I'm sorry, Commissioner, I didn't understand what you were saying. Vice Mayor Plummer: That the participants of the Pension Fund do not have the right, under the bylaws in their constitution, to designate by a vote who they want, but that the business agent has exclusively that right. Ms. Weller: That is the way I would interpret their constitution. Vice Mayor Plummer: OK. I just want it on the record. Mr. Charles is the one who brought the petition to me. If he wants to try to explain it, or to make it known to this Commission... It still seems, Mr. Mayor, that the people who are the recipients should be the one who have the say. Now, that's the way I feel. But I'm being told that, that is not the case, that the written document is contrary to that, and that, of course, we are bound by that. Mayor Clark: All right. Mr. Charles, what do you have to say? Mr. Charles: Mr. Mayor, Mr. Vice Mayor, all the honorable members of the City Commission, it is with deep concern that a lot of us turned out this afternoon to express to you our feeling on what should be done and what should not have been done. We brought this unit into Sanitation Department to help us, not to take over, not to domineer us, but to work along with us. These people intend to appoint who they want to appoint to this board. This is wrong. It's wrong, basically, on two issues. First, I understand from a worker in Solid Waste Department a week ago, and this is very, very solid ground, that these people number on Biscayne Boulevard was 666. They deprive people of two and a half million dollars in pension fund, and now they have changed to a number of Local 800. This disturbs us, and it disturbs us very much, because anybody that they appoint to a board, they can remove them tomorrow morning. That mean that they can refill them with anybody that they want to refill. If we, as union members, do not have a say-so in this, then we have a serious problem. The second issue, Mr. Mayor, we have not seen any of the bylaws, neither have we seen a contract from the City up to now. I haven't seen a bylaw, nobody in Solid Waste have seen any of the union bylaws, so we do not know, when they speak about a bylaw, whose bylaw it is, whether it is Local 800, or whoever bylaw it is. We're going to ask the City Commission to obtain a bylaw for us, see what it reads, let's see where they interpret it, and then the people from Solid Waste can go from there, because right now, we are very, very concerned, Mr. Mayor, and looking at it, the only thing that we can do right now is to withdraw from that union completely by signing out everybody. Vice Mayor Plummer: May I ask a question? ms. Weller: Yes, Sir. Vice Mayor Plummer: Ms. Weller, do you have a copy of the bylaws? Ms. Weller: As far as I... I do not have a copy of the bylaws. As far as I know, there are no bylaws. They operate by a constitution. Vice Mayor Plummer: Do you have a copy of the constitution? Ms. Weller: I saw one earlier today. I do not have it with me. Vice Mayor Plummer: All right. And you've read it? Ms. Weller: I read it in reference to this aspect. Vice Mayor -Plummer:- A.nd*in your estimation at this- time; that -you're comfortable i_n stating for the record,.that, that which -I said previously is in accordance with that constitution? . 270: - _May 1, 19.95 _ 4., Ms. Weller: Yes, sir. Vice Mayor Plummer: OK. Is there a reason... Commissioner Dawkins: Mr. Mayor... I'm sorry, go ahead. I'm sorry, go ahead, J.L. Vice Mayor Plummer: Is there...? If it says they have to have bylaws and constitution? Ms. Weller: There is nothing that I know that says there has to be a constitution or bylaws. Vice Mayor Plummer: Oh, OK. I was going to say that... I would invite, if, in fact, it exists, that you secure a copy for this Commission, each one of us, and supply each one of us with a copy of the bylaws, and constitution, as it relates to this Sanitation union, whatever that number may be. Ms. Weller: Certainly. Mayor Clark: All right, Mr. Dawkins. Commissioner Dawkins: You say you're not dealing with SEA, you're dealing with the union. Ms. Weller: Yes, sir. Commissioner Dawkins: Now, the constitution and bylaws that you are referring to are those...? Is that the constitution of the new union, or is that the constitution of the old SEA? Ms. Weller: The constitution I'm referring to is the constitution of the LIUNA, the Laborers International Union of North America. Commissioner Dawkins: That's what you're referring to. Ms. Weller: Yes, sir. Vice Mayor Plummer: That's the new one. Ms. Weller: Yes, sir. Commissioner Dawkins: Now, in there, that was voted on and approved by the membership. Ms. Weller: Was the constitution voted on by the membership? Commissioner Dawkins: Yes, ma'am. Yes, ma'am. Ms. Weller: I do not know. Commissioner Dawkins: Now, how... I mean, they voted... You're coming with the union, and I'm listening, but I told them this up here, I don't have a problem with it, and they don't know what the people whom they elected are doing. They have no say-so in it, OK? And, eventually, everybody that was in the SEA will no longer be working, it will be all IWS (International Waste Service) union, that's my opinion, first. The second thing 1 have to say is, how can we expect people to listen to a leadership that's refusing to listen to them? It appears that these gentlemen and ladies are dissatisfied with the union's management and operations. Now, that organization is supposed to be representing these individuals, but, yet, when these individuals make a 271 May 1, 1995 �`yig .v4. complaint, they tell them, "Hey, there's nothing you can do about it, and we're not listening, not listening to you." There's something wrong. Now, I'm going to say to all of you out there. Don't get out of the union. This is a "right to work" State. You can refuse to pay dues. But once you get out of the union, the union has to replace... The union has got to have "X" number of people to work. So you mess around and get out of the union, and they hire somebody else in your place, you don't have no job. Vice Mayor Plummer: You don't have a vote, either. Commissioner Dawkins: No, I ain't worried about the vote. I'm worried about the job. OK. Now, don't get out, don't let nobody fool you to get out of the union. You don't have to pay dues. Now, wait a minute. Let me... I'm like J.L. Plummer. Ms. Sue Weller, is this a "right to work" State? Ms. Weller: Yes, sir. Mr. Charles: Yes, it is. Commissioner Dawkins: Your name is not Ms. Sue Weller. Mr. Charles: Oh, I'm sorry. Vice Mayor Plummer: Sue can't be that ugly. Commissioner Dawkins: Is this a "right to work" state? Ms. Weller: Yes, sir, it is. Commissioner Dawkins: What does the law say about "right to work" in Florida? Ms. Weller: What it says is that as an employee, where there is a union, you are not required to be a dues paying member. You may be covered as... Commissioner Dawkins: No, no, no, not "may be," you "will be." Ms. Weller: Well, you... If you are in that unit... Commissioner Dawkins: Yes. Ms. Weller: ... that bargaining unit, you are covered for purposes as far as representation by the designated representative by PERC (Public Employees Relations Commission), a State agency, but you do not have to pay dues to belong to that union. Commissioner Dawkins: But they must protect your interests when they protect the interests of the dues paying members. Ms. Weller: They are there to represent you in contract negotiations. The one thing that they do not have to represent you in is grievance, and filing grievances, if you are not a dues paying member. Vice Mayor Plummer: Do they have to ratify the vote? Do they have a vote, to ratify a contract? Ms. Weller: They... They have a vote. They... If they are a member of the bargaining unit, but not a dues paying member, they have a right to ratify the contract. 272 May 1, 1995 Px" Vice Mayor Plummer: OK. Commissioner Dawkins: Thank you, Mr. Mayor. Vice Mayor Plummer: Mr. Mayor, I would only conclude that, based on what we have heard, even though this Commission went to every extreme, every extreme, to try to protect the employees of that union that have been there so long, I don't know that we have any choice, but I want to tell you, not Mr. Charles, but the man that comes around to my house, and others who stop me on the street, are very concerned. They're concerned about their jobs, they're concerned about their working conditions, and they just don't know what's happening to them. Commissioner Dawkins: They're concerned about their pension. Vice Mayor Plummer: And they have the right to know what's happening to them. And, you know, I don't want to be involved in being problem... anti -union. I'm not. I'm very much so. But I think that they have the right to have somebody sit down and explain all of this to them. They have the right to know whether their job is going to be there tomorrow. And I think that the union has an obligation, as much as this Commission has an obligation, to sit down and talk with their people, and make their people understand, whether they agree or disagree, but at least have the courtesy of conversation with those people, and let them know exactly where the union is, what they're going to do, and what they're not going to do. Mayor Clark: I don't know where in the hell we're at. Let's hear the Manager. Willy, you got something to say? Vice Mayor Plummer: Well, they got no choice. Commissioner Gort: Mr. Mayor, I don't think we have to make an appointment today. I think they should go back and the union somehow should, what J.L. stated, should sit down with them and put them up to date. On the pension itself, I don't have any problem. I do have knowledge of your pension. I had a chance to work with it before being elected a Commissioner, and your pension, and correct me if I'm wrong, if this has changed in the last five years, my understanding, anybody managing the General Employees Pension that do not perform within 90 percent of their standard is automatically fired. Vice Mayor Plummer: No, this is a member of the board. A member of the board, not a company. Commissioner Gort: No, no, I know, the board. But the board makes the decision based... This is by law. Vice Mayor Plummer: Yeah. Commissioner Gort: In other words, the board doesn't even have to vote on this. Automatically, they get fired. So your pension's performance has always been very good, and if they still have the same rules, I don't think they'll have that problem with the pension. I do understand that you should get the person you want, and I think you should get back... The union should get back to you and sit down with you all, because that's what I was told. Mr. Charles: Excuse me, Mr. Mayor. What we're looking at is, you're looking at a system that anybody that this union appoints, they appoint you today, they move you tomorrow. Vice Mayor Plummer: No, excuse me. 273 May 1, 1995 Commissioner Gort: No, they can't. Vice Mayor Plummer: Excuse me. I've just checked with the City Attorney. Unless... You cannot... Once they're appointed for a term, however long that term is, one year or two years, they cannot be removed except they must show cause. OK? So... And cause is malfeasance or misfeasance, and that's a tough thing to prove. Mr. Charles: So in other words, Mr. Plummer... Vice Mayor Plummer: Once they're appointed, if it's a two-year term, they're going to be there two years, unless, unless there's cause to remove them, and that cause is malfeasance or misfeasance. Mr. Charles: And that cause, will you hold the... the decision and Peter Joffre, to remain on that pension board until... pending whatever you can come up with? Vice Mayor Plummer: My understanding, and I don't know if my colleagues... I'm sure Miller doesn't. The appointment of Mr. Joffre has expired some months ago. Is that correct? Ms. Weller: Yes, sir. Vice Mayor Plummer: OK. So it's not a matter of removing Mr. Joffre. Mr. Joffre technically is off. Under the language of our City, a member of a board is there until his successor or his replacement is assigned. He could be there six months or three months. Until his successor has been nominated, he stays there. So Mr. Joffre is not a full term. His term is expired. It should have been off, but he was not. Mr. Charles: The people want to reinstate him. Do you have a problem with that? Commissioner Dawkins: We can't reinstate him. Vice Mayor Plummer: I... Sir, it's not a matter of what... Mr. Charles: No, I'm not asking you to reinstate him. Mr.Odio: Wait. Mr. Charles: I'm telling you what the people want, Commissioner Plummer. Mr. Odio: Let me explain something. Mr. Charles: We brought you a petition with 187 people saying that this man should remain on the board. Commissioner Dawkins: But the union... Mr. Charles: By the union trying to remove him, it just goes to show you, the union does not listen to these people. They don't listen to anybody. Vice Mayor Plummer: That's right. Commissioner Dawkins: They don't have to... 274 May 1, 1995 Mr. Charles: As long as they do not listen to anybody, it's going to create a problem, sooner or later. Commissioner Dawkins: But, Mr. Charles, you signed a contract with them. Vice Mayor Plummer: That's the problem. Commissioner Dawkins: OK. Mr. Odio: No. Not us. Vice Mayor Plummer: No, they did. Commissioner Dawkins: You signed a contract with them. OK? And that contract is binding until another contract is signed. OK? Mayor Clark: Let's get to the bottom of this, not here in the middle of the Commission hearing. Commissioner Dawkins: OK. Well... Vice Mayor Plummer: We have no choice. That's the point. Mr. Charles, you have to understand, sir, according to the bylaws which you signed - you, the union, OK? - you, in fact, gave that right to the union representative to have the full say of who's going on that board. Now, we didn't sign that agreement. You all signed that agreement, and we have to live by whatever is the written document... Mr. Odio: Commissioner. Vice Mayor Plummer: ... whether we like Mr. Joffre or we don't like Mr. Joffre, and I think we all do. Mr. Odio: We did not select that union, either. It was a vote of the members... Commissioner Dawkins: Hold it, hold it. That's what I said. I said they signed the contract. We said that. OK? Mayor Clark: All right. Let's move forward. Commissioner Dawkins: OK. Mayor Clark: Where do we stand now, then? Vice Mayor Plummer: Well, Mr. Charles, do you understand? Mr. Charles: Yes, I understand you very clearly. Vice Mayor Plummer: I mean, you don't like it, but do you understand? Mr. Charles: Yeah. I know we're going to have to move in another direction. Commissioner Dawkins: That's right. Mayor Clark: All right. That's what you have to do. 275 May -1, 1995 Commissioner Dawkins: OK. Now, so. Now, so what do we do now? Vice Mayor Plummer: Well, the union will so designate who they want. The business agent, I guess, is that person who has that right, and whoever they put up... It's like a rubber stamp. Mr. Odio: James Reid. James Reid. Commissioner Dawkins: Have they made that decision? Mr. Odio: Mr. James Reid. Mayor Clark: You don't like him? Vice Mayor Plummer: Is he a member of the bargaining agent, I guess? Mr. Odio: Yes, yes. Vice Mayor Plummer: All right. Who is the other one? Commissioner Dawkins: No, the other one belongs to us. Mr. Odio: The other one belongs to this board. Vice Mayor Plummer: Oh. Commissioner Dawkins: The other one belongs to us. A. Quinn Jones III, Esq. (City Attorney): They have to submit a list of six, though. Vice Mayor Plummer: All right. All right. Mayor Clark: You want Joffre, right? Mr. Charles: Yeah. We want Joffre. Mr. Jones: But that's... Commissioner, please understand, under the Code, it says that they have to submit a list of six to you, and you choose from that list of six. Vice Mayor Plummer: Ah. Commissioner Dawkins: OK. Well, they have to go back and get six. Ah. Thank you, Mr. City Attorney. Vice Mayor Plummer: What's the six names on that list? Mr. Odio: They're going to have to send six names. Vice Mayor Plummer: They don't have six names? Commissioner Dawkins: They don't have six. They got one. Mr. Charles: Only got one. 276 May 1, 1995 _:N Vice Mayor Plummer: Oh. All right. Well, then they... Where we are is, they've got to supply us with six names. Commissioner Dawkins: So when they give us six names, we'll bring it up again. Mr. Odio: Excuse me, just a minute. Vice Mayor Plummer: Hello? Mr. Odio: Let me clarify this thing. For this one, he only needs to submit one name. For the vacancy of Mr. Willard Fair, they have to submit six names. Commissioner Dawkins: Why? Mr. Odio: And then you choose from that. Commissioner Dawkins: Why? Mr. Odio: That's what he said. Mr. Jones: That's what the Code says. Vice Mayor Plummer: What you're saying is, is that the union has the right, exclusively unto the business agent, for two positions? Mr. Jones: Yeah. Mr. Odio: That's their appointment. One. Mr. Jones: Under the Code, it provides for two to be selected, two Sanitation employees to be selected by the bargaining unit. Right? Further, it provides for four independent trustees, two of whom shall not be City employees, to be selected from a list of six. So that's the second category we're talking about. Vice Mayor Plummer: OK. Mr. Jones: So they have to select for those other four... Vice Mayor Plummer: Well, let me ask this question of you. How did Mr. Joffre get on the board if he...? He was appointed at the time he was in... Mr. Odio: He was appointed by the SEA (Sanitation Employees' Association). Mr. Charles: The people appointed him there, Commissioner. Vice Mayor Plummer: Wait, wait, excuse me. At the time he was appointed, he was, in fact, a member of the bargaining agency? Mr. Odio: He was appointed by the SEA. Vice Mayor Plummer: So what you're saying today, where he is not an active member, there's no way he could be appointed, period. Mr. Jones: That's correct. 277 May 1, 1995 Mayor Clark: Yes, there is. We could have a private... a Commission appointment. Mr. Jones: No. Legally, he would... Vice Mayor Plummer: According to what you're saying... Mr. Jones: Legally, according to the Code, he wouldn't be eligible to serve. Mayor Clark: All right. I'm sorry. Commissioner Gort: Let him come back... Vice Mayor Plummer: That's our Code. Mr. Jones: Yes. Commissioner Gort: Let him come back under the Section of the code. Vice Mayor Plummer: OK. Mayor Clark: OK, Mr. Charles. That's it. Mr. Charles: I want to thank you, Commissioners, for listening to us, the first time we've been listened to in almost seven months. I want to thank you very much. Mayor Clark: Thank you. Thank you all for coming down. We know you worked hard today, so.,. We'll get this straightened out somewhere. I don't know how the hell we're going to do it, but we're going to do it. MOTE:: AT THIS POINT, THE CITY COMMISSION RESUMES CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA.] ---------------------------------------------------------------------------------------------------------------- 90. GRANT VARIANCES FROM ZONING ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES -- TO PERMIT: (1) A NORTH SIDE YARD SETBACK OF 0'2" FOR EXISTING ALUMINUM CARPORT; (2) A NORTH SIDE YARD SETBACK OF 3'0", AND (3) A WEST REAR YARD SETBACK OF 2'0" -- TO PERMIT AN EXISTING ALUMINUM SHED -- AT 820 N.W. 35 COURT, WITH PROVISOS. (Applicant / Appellant: Amor Esther Erice, Owner.) Mayor Clark: Item number 3. Yes, ma'am. Ms. Lourdes Slazyk: Good afternoon. For the record, my name is Lourdes Slazyk, from the Planning, Building and Zoning Department. 278 May 1, 1995 Mayor Clark: Come on, let's go. Hey. Mr. Odio: We don't have a quorum. Mayor Clark: Let's be quiet out there, fellows. All right, continue. Ms. Slazyk: OK. PZ-3 is an appeal of a Zoning Board decision to deny a variance, which the Planning, Building and Zoning Department has also recommended for denial. This is for an existing aluminum carport located on the property line where a five-foot setback is required, and a garden shed three feet from the north side property line, where a setback of five feet is required, and also two feet from the rear property line, where ten feet is required. This is a property which is oversized and of regular configuration. Therefore, there is no hardship to justify the variance, and we recommend denial. Mayor Clark: Thank you. Your name, sir, for the record. Mr. Eduardo Exposito: Mr. Mayor, hello. My name is Eduardo Exposito, and I'm an attorney, and I represent Amor Erice in this matter. The facts in this... Mayor Clark: Are you the appellant? Mr. Exposito: She's the appellant. Mayor Clark: You represent her? Mr. Exposito: Yes, sir. Mayor Clark: You're Mrs. Price? Commissioner Gort: She's the Applicant. Mayor Clark: You're the... Wait a minute. Where is the... Where is the... Mr. Exposito: I'm the attorney. Vice Mayor Plummer: She's the one that was denied, and she's asked for the appeal, so she is the appellant. Mr. Exposito: Yes. Yes. Mayor Clark: All right, fine. Now I got it. Commissioner De Yurre: Are there any opponents here to this, Mr. Mayor? Mayor Clark: Any opposition to this? You better stand up here and tell us who you are. Right over here, somebody, a spokesperson. Vice Mayor Plummer: Sir, are you a registered lobbyist? Mr. Exposito: No. Vice Mayor Plummer: Then you have to register, sir, before you can... Mr. Exposito: No. _ . 279: - :May .1, 1995 019., Vice Mayor Plummer: Are you being compensated for your appearance? Mr. Exposito: Yes. Vice Mayor Plummer: You have to register, Sir. Mr. Exposito: OK. OK. Mayor Clark: Boy, we're getting all the lawyers out today. Vice Mayor Plummer: This is the only way the Internal Revenue will know where our money is going. Mayor Clark: Let him register after. He's going to register. Don't go through all that rigmarole right there now. Geez. We'll never get out of this place tonight. Commissioner Gort: Let's go to the next one. Vice Mayor Plummer: You want to do PZ-4 in the meantime, Mr. Mayor? Commissioner Gort: Let's do PZ-4. Let's go to PZ-4. Mayor Clark: Finish. Finish the rest of that. OK, go ahead, represent the lady. Mr. Exposito: Mr. Mayor, the facts in this case are tragic, indeed. For the record, my name is Eduardo Exposito. And the facts in this case, Mr. Mayor, are tragic, indeed. Mayor Clark: This lady is objecting to the carport that's next door to her? Vice Mayor Plummer: No, it's her carport. Ms. Amor Esther Erice: No. I got the carport. Mr. Exposito: No. It's her carport. Mr. Sergio Rodriguez: No. She's the owner. Mr. Exposito: And what happened was that back in November 1994, she built the carport, and the carport was in violation of Ordinance 11000. And what happened then was that she got a survey done, and she went to the Zoning Board, and this was back in March of 1995. And the Zoning Board voted four to three to deny her the permit, based on the ground that if they would give her the variance, then what would then happen would be that her neighbors would then also start building carports, and that you would then have the kind of situation where you may have public policy problems, and that the neighborhood may start to grow, and... Mayor Clark: Who built the carport for her? That gentleman back there? Mr. Exposito: She hired an architect, but he's not here today. And... Vice Mayor Plummer: Did she apply for a permit? Mr. Exposito: No, sir. 280 May 1, 1995 0 Vice Mayor Plummer: She did not. Mr. Exposito: No. Her basic... The problem she had was that she has lived there since 19... She has lived there since 1949, since the Harry Truman Administration, and she had no idea whatsoever that she had to get the permit. Now, I'm not trying to tell the Commission that ignorance is supposed to be excused, but in this case, you have an elderly lady. She's 70 years old, and she did not have any idea that you had to get a permit. She has paid the variance fees, and she paid over twenty-three hundred dollars ($2300). And her basic position here is twofold. One is that if the City, today, tells her that she has to tear down the carport, it will be an added expense to her; also, an added hardship. Secondly... Mayor Clark: We'll handle that later. Just state your case. Mr. Exposito: OK. Secondly, we have Florida constitutional issues here, and we also have U.S. Constitutional issues in that she's going to be denied the right to use her property as she wishes. Now, I'm not saying that we'll take this case to the U.S. Supreme Court on constitutional grounds, but... Mayor Clark: I wouldn't worry about all that right now, sir. I would just worry about making your case here, and let's hear from the opposition, and we'll make the decision. Mr. Exposito: Our case here is that she has... Commissioner De Yurre: I would like... Mr. Mayor, to move this along a little bit. Are the adjacent owners, which are where the carport site is, are they here? Mr. Rodriguez: Yes, Commissioner. Ms. Slazyk: Yeah. Right here. Commissioner De Yurre: OK. You live right next door? Ms. Nancy Hernandez: We are the ones next door. And we are the one who got the damage. Commissioner Gort: How long has that been there? Commissioner De Yurre: Where the carport is. Vice Mayor Plummer: November '94. Ms. Hernandez: Beside my house. Commissioner De Yurre: Oh, it's next to you. Ms. Hernandez: Right. Mayor Clark: What is your name, please, ma'am? Ms. Hernandez: Nancy Hernandez, 840 Northwest 35th Court. Mayor Clark: The gentleman behind you? Ms. Hernandez: Excuse me? 281 May 1, 1995 a. j$NrM:. Mayor Clark: The gentleman behind you, who is he? Ms. Hernandez: The owner. Mayor Clark: The owner of what? Ms. Hernandez: Of that house, of my house. Mayor Clark: Oh, I see. Commissioner De Yurre: You're renting. Ms. Hernandez: No. I'm the daughter. Mayor Clark: I see. Commissioner De Yurre: OK. Mayor Clark: All right. Now what is your...? What is...? We know what you've done. You've built a carport, you didn't get a permit, and you're too close to the line, and that's why they're cited. Right? Mr. Rodriguez: Right. And actually, they were encroaching on the property of this man. And what they did recently, they shaved from the carport some of the distance, and now they are two inches from the property line. Before, they were encroaching on the other neighbor's property. Mayor Clark: Who was your architect? That man must be local. Ms. Amor Erice: Yes, it's local, but I don't have it. Mr. Exposito: I think I have it here. Mayor Clark: What's the setback, five feet? Mr. Rodriguez: The setback is five feet on that side. In addition to that, they have other variances that they need, because they were supposed to have a north side yard setback of five feet, and they have three feet only, and a west rear yard setback of ten feet, and they have only two feet. Mr. Exposito: Mr. Mayor, we also have some neighbors who would like to state their views about this matter, also. And... Mayor Clark: All right, let them speak. Go ahead. Give us your name and address. Mr. Raul Moreno: Mayor and Commissioners, my name is Raul Moreno. I live at 781 Northwest 35th Court. That's across the street from Amor. I've been, also, in the neighborhood for over 25 years. I've known her for over 25 years. She's an elderly woman that lives with her mother. The carport was built back in November by some gentleman that... he may or may not be an architect. It was built... It took about a week to build. She built it for her mom, because when it rains, she has an easy entrance to the house, on the side of the house, so her mother wouldn't get wet. The neighbor next door immediately complained about it. Vice Mayor Plummer: She's 70 and she built it for her mother? 282 May 1, 1995 Mr. Moreno: And we have two surveys here, a survey before and a survey after. We went before the Zoning Board on February the 6th, and we were told that if it was moved and it didn't cause an inconvenience for the neighbor, it would probably be approved. We came back March the 6th, after going through the expense of moving it six inches, and found out that we really weren't encroaching the first time. So now, we have before and after surveys to show you. My personal opinion on this subject, it's not an inconvenience to the neighbor. It's just a personal grudge. There's other neighbors in the neighborhood that have the same roof, and I've taken a personal survey from Northwest 27th Avenue to Northwest 37th Avenue. There's about 75 percent of the houses have carports on the fence. The only issue that was brought here was that they were upset because water was going into their property. We have adjusted it so that water does not go into their property, so it doesn't bother them, whatsoever. His only concern is that he just wants it off. He doesn't give a specific reason, he just wants it off. If it's any inconvenience to him, whatsoever, I would like to hear him say why it's an inconvenience. Mayor Clark: Well, he'd better say that tonight or he... Let's hear from the other gentleman now. Thank you, sir. Mr. Antonio Perez: Yes. Mr. Mayor, members of the board, my name is Antonio Perez. I own the property at 821 Northwest 35th Court, which is across the street from the lady. All I have to say is that, basically, the problem is, it's a personal type of a problem. That carport is in no way a disbenefit (sic) to the community or the area that they live. Furthermore, I want you to understand that she in no way wanted to violate the law. She did not know that she needed a permit. Furthermore, there are other three homes, one of those that I own, that have a carport for about 18 years to 15 years. She apparently thought that because two or three other neighbors had it for that long, 15 to 18 years, that it was OK to do it, and she didn't realize that she needed a permit. Mayor Clark: All right. Thank you, sir. Yes, sir. Mr. Ernesto Martinez: OK. My name is Ernesto Martinez, and I grew up at 861 Northwest 35th Court. And my dad is retired, and we've had the carport there for about 18 years. They cost five hundred bucks, you know, 18 years ago, and now, you know, they're giving this thing that you need a permit, and it's a five-foot variance and all that. Maybe there's a way, there's like a grandfather law that's been there so long, you know, some way, you know... Vice Mayor Plummer: How wide is the carport, Sergio? Mayor Clark: Twelve feet, probably. Mr. Martinez: Enough for a car, you know. It's the size of a house to fit two vehicles under. Vice Mayor Plummer: How wide is the actual carport? Mr. Martinez: Ten feet, I guess. Mr. Rodriguez: Let me get the plans for a second. OK? Mayor Clark: Yeah, Willy. Commissioner Gort: Mr. Mayor, let me tell you something. We have the NETS (Neighborhood Enhancement Teams) going around the neighborhoods. They're going to be doing a lot of Code enforcement, and unfortunately, a lot of those carports were built... We got... My understanding is we've got -thousands- of these in the - City_ of Miami that, somehow, contractors went out and they put them up, and they_ told them that they were all fine, that they were complying with all 283 ' May .1, 1995 JIA, this. So as Code Enforcement goes, enforcing all this, I think the Planning Department somehow should look at this, and these are carports with only columns. We need to do something, because this is not this problem only. We've got quite a few thousand throughout the City of Miami. So I think our Planning Department needs to do something about it. Mayor Clark: All right. Let's hear from the objectors now. What is your main objection? Ms. Hernandez: Nancy Hernandez. By the way, we don't have any option against nobody, any neighbor at all. We are all in the same community. But the thing is, I don't mind the neighbors got the carport for 18 or 20 years. The one which bothers my house right now is the one that I complain, right now, the one who which all the water come to my back yard, that's the one that I request the five feet. Mayor Clark: All right. Ms. Hernandez: Thank you very much. Mayor Clark: Thank you. Does this gentleman want to say anything? Give us your name. Mr. Jorge Hernandez: Jorge Hernandez. Mayor Clark: Yes. [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.] Mr. Hernandez: 840 35 COURT. Mayor Clark: You own the house. Mr. Hernandez: DE ACUERDO A LA CIUDAD DE MIAMI NO TIENE LOS PIES NECESARIO QUE TIENE QUE TENER EL PORCHE ESE. PORQUE SI LA CIUDAD DE MIAMI LE CONCEDE HACER LOS PORCHES ESOS, YO PUEDO ROMPER LAS CERCAS MIAS POR LOS DOS LADOS Y HACER LA PORQUERIA ESA POR LOS DOS LADOS. Translation: In accordance to, with the City of Miami requirements, they don't have the necessary setbacks. If the City of Miami allows them to do this, then I can go and destroy my fences, and do the same... Commissioner De Yurre: That's not exactly what he said. OK? Mr. Rodriguez: The same... Commissioner De Yurre: That's not exactly what he said. Mayor Clark: What did he say? Commissioner De Yurre: Well, go ahead and say exactly what he said. Mr. Rodriguez: He can remove and do the same crap on both sides. 284 May 1, 1995 pg.,. Commissioner De Yurre: That's more like it. Mayor Clark: Well, that's standard, yeah. Vice Mayor Plummer: In the future, Mr. De Yurre, I'll waive executive translation. Mayor Clark: OK. Mr. Exposito: Our basic concern is.... Mayor Clark: Have you been friends with this lady a long time? Vice Mayor Plummer: Can I ask a question, Mr. Mayor? Mayor Clark: I asked a question to get an answer. Vice Mayor Plummer: Oh, I'm sorry. I didn't hear that. Mayor Clark: Have you been friends with this lady? How long have you owned the house? Ms. Hernandez: Since 1979. Mayor Clark: OK. Go ahead, Mr. Plummer, with your question. Vice Mayor Plummer: Mr. Mayor, I just... Was there any area of compromise? I mean, you know, is there something where we can all...? Is there any area of compromise? If you cut a foot off of the carport or... Mr. Exposito: Mr. Plummer, what's happening here is that these neighbors... Vice Mayor Plummer: Sir, let me tell you what's happening. You better understand the way this is written. Mr. Exposito: No, I understand. Vice Mayor Plummer: You've got to demonstrate a hardship. At this point, you haven't done so. OK? Mayor Clark: He has a lady, J.L., he stated earlier, that didn't know. Mr. Exposito: Our position, also, is, Mr. Plummer, that... Vice Mayor Plummer: Well, that's the law, sir. It's not what I'm asking. The law says you've got to demonstrate. Mr. Exposito: That she has also suffered... Commissioner De Yurre: Excuse me a second. Mr. Mayor, I'd like to hear, because a lot of my concern is, exactly what is the problem, as far as the neighbors are concerned? Vice Mayor Plummer: It has to do with a compromise. Commissioner De Yurre: What does it do negatively to your property, if I may ask you? How does that affect you, other than the fact that it's there? 285 May 1, 1995 0 i18:. Ms. Hernandez: OK. But the point, you see, all the rain is, when comes the weather, real bad weather here in Miami, the street, how they coming. So it's going to be the same in my back yard. All the water is coming right to my back yard. You see the whole soil is all terrible, the way that you going out is going to be terrible, and it's going to run that water to my family room, and I don't want that damage, because it's still coming, I'm going to sue that. Mayor Clark: OK. Commissioner De Yurre: OK. You're saying that it's a water problem, that the water hits the roof, and falls on your side of the property. Ms. Hernandez: Water comes... Right, right, coming to our property. Commissioner De Yurre: OK. Now, did you say you had remedied that situation? Mr. Exposito: Mayor, absolutely. As you have seen in those pictures and the surveys, we went before the board on February the 6th. They asked us not only to move it over six inches, but to fix the water problem. And if you look at those pictures, the water problem has been fixed. Over the last couple of days, I personally have inspected there. We've had a lot of rain. No rain or no water goes into her yard, not even a little bit, nothing. It drains right into the yard. There is a two-inch curb that goes all around her yard that will not permit that water to go. You can see them right on the pictures. Mayor Clark: Let's get rid of this thing quick. Commissioner De Yurre: I'm with you. You ready to make a motion? Mayor Clark: All right. Make it. Commissioner De Yurre: You. Mayor Clark: I'm going to close the public hearing. Commissioner Gort: Mr. Mayor, once again, I'd like to request for the Planning Department to look at this issue. This is an issue that is a problem within the City of Miami. We have over a thousand of these units which have been built throughout the years, and what I would like to see is for you to do a study. The biggest problem that we have in having this type of construction is... The reason we do have setbacks is because we don't have the wind going into and the air and so on. This carport, all they have is some columns. If we not allow walls, like this one, that has some kind of a wall built, which I suggest it should be taken down, the air will flow freely through the property, and that won't have any problem. But I think this is something the Planning Department has got to look into it, because as I said, as Code Enforcement starts enforcing their codes, this is something that's going to be coming up many times. Mayor Clark: What do you... Who's got a motion? Mr. Exposito: I would just like to make one last argument, and... Mayor Clark: No, wait, wait, wait. Commissioner De Yurre: It's not a constitutional one, is it? Mr. Exposito: No, no. 286 May 1, 1995 Commissioner De Yurre: OK. Mr. Exposito: It's just this... Vice Mayor Plummer: Is it a cellular antenna? Mr. Exposito: No, it's not. Mayor Clark: What's the motion, fellows? Vice Mayor Plummer: Sir, I am told there is an impatient gentleman over here that just has to speak. Mayor Clark: All right. Let him speak, then we'll come to a decision. [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 SERGIO RODRIGUEZ.) Mr. Domingo Diaz: ME LLAMO DOMINGO DIAZ. VIVO EN 3150 NORTHWEST FLAGLER TERRACE. YO CREO QUE LOS VECINOS, CUANDO SON VECINOS, UNO SE DEBEN DE PERJUDICAR UNO CON LOS OTROS. PARA ESO HAY QUE CUIDARSE Y SER HONRADO Y HACER LAS COSAS BIEN PA QUE NO RAGA PROBLEMA. PORQUE YO TENGO MIS VECINOS, Y LOS CUIDO PA QUE ELLOS ME CUIDEN A MI. YO CREO QUE ESO SEA UNA COSA JUSTA. QUE ES LO QUE ESTA PIDIENDO ESTE SENOR. Translation: My name is Domingo Diaz, and I live at 3150 Northwest Flagler Terrace. I think when neighbors are good neighbors, they shouldn't be hurting each other. For that reason, you have to be careful, and be honest, and make sure that you don't do any damage to each other. I take care of my neighbors so that they can take care of me, so it will be a fair thing, which is what these neighbors are asking. Vice Mayor Plummer: Is he speaking for or against the application? Mr. Rodriguez: Against the applicant. Mr. Diaz: MUCHAS GRACIAS POR TODO, Y YO CREO QUE ESO SEA... QUE HAY ALGO BUENO Mayor Clark: Thank you. No, it doesn't sound like it to me, if you interpreted it right. OK. The public hearing is closed. Vice Mayor Plummer: You know, if you want a motion from me, let me tell you the motion I'm going to make. Mayor Clark: All right. Vice Mayor Plummer: OK? I'm going to make a motion to approve the carport with this proviso - OK? - that at any time that that carport creates a problem for the neighbors who are 287 May 1, 1995 immediately adjacent, that it will immediately put forth that matter back before this Commission for reconsideration. Mayor Clark: All right. Is there a second? Commissioner Gort: I'd like to offer an amendment. I don't think, if we're going to look at this throughout the whole City, and we have to look through the whole City, I don't think we should allow walls to be built with this carport. I've got a problem with the walls. Vice Mayor Plummer: Yeah. Mayor Clark: OK. Well, you're not for it. Is there a second to J.L.'s motion? Commissioner De Yurre: Is he seconding? Commissioner Gort: I'm for it, but... I'll second it with the amendment that the walls be removed. Mr. Moreno: Mayor, if I may, it's not a wall. It's a cylinder... Commissioner Gort: Whatever it is, it should be removed so the air could flow through it. Mayor Clark: What is it? Mr. Moreno: It's a cylinder to cover that site. That way, there's absolutely... If you look at those pictures, there's absolutely no way water can go over there. That's the purpose of that, so that it wouldn't bother the neighbors whatsoever. Commissioner Gort: Sir, the reason you have setbacks is to protect the air flow between homes. By having the walls, you're not doing that. Now, this is not the only problem that we're going to have. We have many problems. We're going to have to look into it. Ms. Erice: My name is Amor Esther Erice, and I live at 920 Northwest 35th Court. It is not a wall. It is a fence. So if you want to cut it a little bit lower, or I ask a permit for a fence, because it's wooden fence all the way around. Commissioner Gort: If it's a wooden fence that's not connected to the... That fence is not connected to the porch? Ms. Erice: Well, this is connected, because it's hold to the things, but if you want me to make another fence... Vice Mayor Plummer: I tell you what I'll do for the maker of the motion. Mayor Clark: What? Vice Mayor Plummer: I'll leave it to their discretion. If they want it to stay there, let it stay there. If they want it removed, let it be removed. We're speaking of the wall that comes this side of the fence. Mr. Joe Maxwell (Deputy City Attorney): Oh, no. Vice Mayor Plummer: What do you mean no, no, no? 288 May 1, 1995 Mr. Maxwell: I have to advise you that that would be an improper delegation. You need to specifically say what your conditions are on the record, now, and they'll have to abide by those conditions. Vice Mayor Plummer: Do you want that wall up or not? Mayor Clark: How high is the wall now? Commissioner Gort: I'm looking at all the other houses. Vice Mayor Plummer: You can see it on the side. Ms. Erice: Five and a half feet. Vice Mayor Plummer: You can see it on the side of the photographs. Commissioner Gort: Hey, listen, this is a question for a thousand more, because there are many problems in this area. Vice Mayor Plummer: Sir, a smart man doesn't talk when he's ahead. Mr. Moreno: I would agree with anything that Gort says. Vice Mayor Plummer: Go ahead, you're going to kill yourself. Mr. Rodriguez: Apparently this might help the situation - apparently, the biggest problem is all the water coming from the structure. Vice Mayor Plummer: That's... What did I just say? Mr. Rodriguez: Yeah. And what they would like... Vice Mayor Plummer: That if it creates a problem, then it comes back to this Commission, and we're going to deny it. Mr. Rodriguez: What you might want to do today is try to see if in your motion that you will include that the water from this structure will be collected and discharged adjacent to the owner of the house in the area close to the wall of the house. That way, you eliminate all the concerns that you have. Vice Mayor Plummer: That's not... That's not the question. Commissioner Dawkins: This gentleman... They've already said that no water goes on their property. He said that. Ms. Hernandez: But how does he knows? How does he knows... Commissioner Dawkins: Wait a minute, now. Wait a minute, now. Ms. Hernandez: ... if he don't live on my property? Commissioner Dawkins: So if water does go on their property, they're in error. Vice Mayor Plummer: It comes back here immediately. 289 May 1, 1995 Commissioner Dawkins: See? Mr. Rodriguez: OK. Commissioner Dawkins: So they would be wise to go out, and if water is going on there, find a way to stop the water from going over there, so that they don't come back. Mayor Clark: He said that. I believe he said it. Vice Mayor Plummer: Miller, I'm trying to... Ms. Hernandez: So I'm the one who's the owner. I'm the one who knows what's going on there. How is he going to know, if he don't live on that property? Vice Mayor Plummer: If there's water... Ms. Hernandez: My property is the one who got a damage, not his property. Mayor Clark: We have a motion on the floor, please. Ms. Hernandez: That's why he's got it all confused here. Mayor Clark: Motion on the... Vice Mayor Plummer: I'm trying, Mr. Mayor, I'm trying to assist my colleague, Mr. Gort. He has said the wall on the side. Would you prefer the wall to remain, or would you prefer the wall to come down, that's on the side? Which way would you like it? Ms. Hernandez: The wall... Vice Mayor Plummer: I don't see it creates any problem. Ms. Hernandez: How about the other thing, which all the water comes through? Vice Mayor Plummer: Ma'am, that, we've already taken care of. At the time... Excuse me. Leave it like it is. Let me just say to you, at the time that you get water in your back yard, in your carport... Mayor Clark: Call Plummer. Call a plumber. Call Plummer. Vice Mayor Plummer: ... you call the City. We will send an inspector, and if that is the case, it will be back here. Mayor Clark: All right. That's the motion. Call the roll. Ms. Hernandez: Another meeting, you mean? Another hearing? Mayor Clark: Please. Call the roll. Ms. Matty Hirai (City Clerk): Vice Mayor Plummer. Vice Mayor Plummer: I'm told by the City Attorney he needs clarification. 290 May 1, 1995 Commissioner Dawkins: What is the motion? Mr. Maxwell: Please restate the motion, please. Vice Mayor Plummer: The motion is that we grant this application, subject to that at any time it creates a hardship for the neighbor in reference to water, it would trigger immediately back before this Commission for reconsideration. Mayor Clark: Very good. Vice Mayor Plummer: At no cost to the applicant. Mayor Clark: OK. Call the roll. The following resolution was introduced by Vice Mayor Plummer, who moved its adoption: RESOLUTION NO. 95-336 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING SEVERAL VARIANCES FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT A NORTH SIDE YARD SETBACK OF 0'-2" (5'-0" REQUIRED) FOR AN EXISTING ALUMINUM CARPORT, A NORTH SIDE YARD SETBACK OF 3'-0" (5'-0 REQUIRED) AND A WEST REAR YARD SETBACK OF 2'-0" (10'-0" REQUIRED) TO PERMIT AN EXISTING ALUMINUM SHED, FOR THE PROPERTY LOCATED AT 820 NORTHWEST 35TH COURT, MIAMI, FLORIDA, ZONED R-1 SINGLE FAMILY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO THE CONDITION THAT IF AT ANY TIME THE VARIANCE GRANTED FOR A NORTH SIDE YARD SETBACK OF 0'-2" CREATES A WATER - RUNOFF RELATED HARDSHIP FOR THE ADJACENT NEIGHBOR, THE VARIANCE SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR RECONSIDERATION, AND FURTHER SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 291 May 1, 1995 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: Thank you all for coming down. Mr. Moreno: Thank you, Commissioners. --------------------------------------------------------------------------------------------------------------- 91. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ATLAS -- CHANGE DESIGNATION AT 2728 S.W. 12 STREET FROM R-2 TWO-FAMILY RESIDENTIAL TO O OFFICE. (Applicant: Francisco T. Valdes, Owner.) Mayor Clark: Where is Concha? Is she here? All right, what is it? Mr. Roberto Lavernia: For the record, Roberto Lavernia, Planning, Building and Zoning Department. Mayor Clark: Please. Mr. Lavernia: PZ-4 is a zoning change. The subject property... Vice Mayor Plummer: Are there any objectors to this. Mayor Clark: No, no objectors to... You're not objecting, sir, are you? Unidentified Speaker: No. Vice Mayor Plummer: Are there any objectors to this? Mayor Clark: The public hearing is closed. Go ahead, Plummer. Vice Mayor Plummer: I move it. Mayor Clark: Second. Cast a unanimous ballot, Madam Clerk. Vice Mayor Plummer: It's an ordinance. Mr. Joel Maxwell (Deputy City Attorney): I'll have to read the ordinance. 292 May 1, 1995 I*. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO O OFFICE FOR THE PROPERTY LOCATED AT 2728 SOUTHWEST 12TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 40 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Mayor Plummer, seconded by Mayor Clark, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Wifredo Gort 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. Vice Mayor Plummer: Excuse me. May I inquire of my colleague? Do you know something that I don't know? Mayor Clark: About what? Vice Mayor Plummer: He voted no on this application. Mayor Clark: Who did? Commissioner Gort: I did. Vice Mayor Plummer: You don't have to answer me. I'm just saying, if there's some reason that you voted no that I should know, I would like to know. Commissioner Gort: The reason, J.L., one of the things is I try to stay with the record that I always voted. The problem that I have is moving the commercial area into the residential area by expanding the... We need to protect the neighborhoods. Mayor Clark: Let's go. Vice Mayor Plummer: Thank you, sir. That's all right. Hey. 293 May 1, 1995 I ---------------------------------------------------------------------------------------------------------------- 92. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 5600-5664 W. FLAGLER STREET FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL. (Applicant: Joseph & Karen Lawrence, Owners.) Mayor Clark: Let's go. Item 5. Vice Mayor Plummer: Item 5, are there any objectors here with us? Are there any objectors here? Hello? Mr. Sergio Rodriguez (Assistant City Manager): Yes, you do have some. Vice Mayor Plummer: OK. Mayor Clark: Si, si, si. Vice Mayor Plummer: That's item 5 and 6, right? Yeah. Mr. Roberto Lavernia: Items 5 and 6 are companion items. One is the zoning change, and the other one is the land use change. The petition is to change the land use and the zoning designation from restricted commercial to general commercial, in order to extend the existing grandfather hardware use on the southeastern corner of Flagler Street and 57th Avenue in an easterly direction to include the remaining north part of the block. The Planning, Building and Zoning Department is recommending approval on both. Vice Mayor Plummer: Is this Lawrence Plumbing? Mr. Gary Levinson: Yes, yes, it is. Mayor Clark: Who is the applicant? Mr. Joseph Lawrence: I am your honor. Mayor Clark: Yes, sir, come to the mike. Mr. Rodriguez: One more clarification. In relation to the zoning item, we're recommending approval, minus one foot left around it, so we would not allow the zoning to extend into the adjacent residential area. Mayor Clark: All right. Is there somebody out there who...? Yes, go ahead. I don't think you... We know what you're trying to do. Commissioner Gort: Why don't you swear the people in? Mayor Clark: Weren't you all sworn in before? Raise your right hand. Go ahead, Madam Clerk, swear them in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. 294 May 1, 1995 io., Mayor Clark: OK. Now, go ahead, Mr. Lawrence Plumbing, or Mr. Levinson, whoever you are. Mr. Levinson: Mayor Clark, members of the Commission, my name is Gary Levinson, with offices at 3500 International Place, and I'm here with my colleague, Heileen Requejo, on behalf of the applicants, Karen and Joseph Lawrence, with respect to items 5 and 6. Vice Mayor Plummer: Are you a registered lobbyist? Mr. Levinson: Yes, I am. Vice Mayor Plummer: Thank you. Mayor Clark: Good. That's one you didn't get. Mr. Levinson: The applicants, as we stated, are the owners of Lawrence Plumbing Supply, which is a family -owned plumbing supply business, which has been located at 57th and Flagler since 1953. The applicants are applying for the zoning change in order to expand their existing plumbing supply business onto the adjacent property, and in accordance with the recommendation of the Planning, Building and Zoning Department, we've agreed to amend the legal description attached to the application, to reduce it by one foot, along the southerly portion, to create a buffer along that residential area. Heileen is holding an aerial of the subject property and the surrounding neighborhood. We'd just like to point out to you where the subject property is located. It's lots one through 16, and is located at 5600 through 5664 West Flagler. And the Lawrences currently own buildings on lots 11 through 16, which, pursuant to an existing nonconforming use, is being used as a plumbing supply warehouse. Around the corner on 57th Avenue, the Lawrence family owns a building which is currently the location of the wholesale plumbing supply business, and is also being operated pursuant to the existing nonconforming use. In addition, the company leases the building across the street on 57th Avenue, and that property serves as a company showroom. The family business has served the community, and has been in this location, and been a great neighbor for over 40 years, and in order to expand their business, the Lawrences have purchased lots one through 10, which are located adjacent to the buildings at 5600 West Flagler, and the business can only be expanded to, and operate on, this adjacent property with a C-2 zoning designation. Specifically, wholesaling and warehousing of plumbing supplies is not allowed in C-1, but is allowed in C-2. And in order for you to understand what we mean when we state that a change from C-1 to C-2 is entirely compatible and totally appropriate for this area, it's important for you to visualize the buildings surrounding the subject property. And most of the businesses that are surrounding the property can only operate in a C-2 zoning district, because they were grandfathered in, or with a special permit, or special exception, such as auto wholesaling, repair shops, service stations, bars, et cetera. And we've prepared this exhibit to illustrate the surrounding businesses and the location of each. The subject property is approximately in the middle of the exhibit, and to the east and across the street is Creative Equipment which is a distributor and wholesaler of computer equipment, which is a C-2 type use. Next to that is Arnaldo's Auto Sales, which is an export and wholesaler of autos, also a C-2 type use. Next to that is Marrero Auto Sales. That's an exporter, wholesaler of autos, a C-2 type use. Next to that is the Hispanic Coalition. Then there's a cafe, and a pizza restaurant. There is a Citco Gas Station, which only can be operated with a special permit. There is an alternator repair shop going up 57th. Avenue to the north. That's a C-2 use. There is a hardware store. Coming back down, there is a cafe on the corner. There's a liquor store and a lounge, a bar, which can only operate with a special exception. There is the Lawrence Plumbing Supply Showroom, coming back down, going south on 57th Avenue. That's a C-2 type use. There is a transmission repair shop, lawn mower repair shop, TV repair shop, all C-2 type uses. Coming down from there, there is Gelb Monuments, a gas station, and an auto service station, special permit. There is a ceramics, a welder of wrought iron, then Lawrence Plumbing Supply, 295 May 1, 1995 0,A:. which is grandfathered in, with a C-2 use. Now, considering the businesses surrounding the subject property, we feel that a change from C-1 to C-2 is entirely compatible with the area, and shall not adversely affect the neighborhood. And in addition, the subject site is in an existing commercial area, and is not a further intrusion into a residential neighborhood. And we've met with, or we've attempted to meet with all the owners within 75 feet of the subject property, and we've obtained a petition signed by those neighbors in favor of our application, evidencing their support. We'd like to submit this for the record. Now, the Planning, Building and Zoning Department's professional staff went out to the site, they looked at it, they looked at the surrounding properties, and they recommended approval, based on their conclusion that the increased densities created by the zoning change will not have an additional impact on the existing conditions in the area, and that the MCNP (Miami Comprehensive Neighborhood Plan) Land Use Objective 1.3 requires the City to encourage commercial development within the existing commercial areas, and, as previously noted, the Zoning Board recommended approval with a unanimous seven to zero vote. Although the Planning Advisory Board voted four/three in favor, five votes were required for approval. And the major concern of those on the board, I believe, was that they were concerned about other C-2 uses other than plumbing supplies, wholesaling, warehousing, such as Mr. Lawrence has there. And in order to address their concern, we prepared a declaration of restrictive covenants to be recorded with the land, which limits the C-2 uses of the property to wholesaling and warehousing of plumbing supplies and related equipment, and we'd like to submit this declaration for the record. Mayor Clark: Leave that with the Clerk. All right. I think you've explained what you're trying to do. Mr. Levinson: OK. Can we just make one last point? Mayor Clark: Absolutely. Mr. Levinson: We've agreed to amend the legal description to create the buffer along the residential area so that it will take care of the so-called domino effect. Mr. Lawrence would briefly like to tell you about his business. He will keep it down to a minute, and then I'll conclude. Mayor Clark: All right. Mr. Lawrence: I am Joseph Lawrence. My office is at 31 Southwest 57th Avenue. I grew up at 5th Street and 51st Avenue. I moved there in 1949 with my parents. I didn't have much choice, and I loved it. I stayed there until I was in college. I went to Miami High, right down... not far away. My father started this business in 1953. I took it over about ten years ago when he retired. I feel we've been a good neighbor for 42 years to the neighborhood. Obviously, there's a bunch of people here who... They would rather see it be a park, I know that, you know, but it is a commercial thing. It's zoned C-1. I don't think they really understand, from what I've talked to them, what we could do with that property in C-1. We have a very low density business, if you think about what we really do. We're there from the morning till the night. We close up at night, and we go home. We don't run all night long. I could... I want to stay in the City of Miami. I don't want to move out of the City of Miami. We've been there a long time. We don't really intend to expand a great deal. I want to be a much more efficient operation. I'm not going to... I'm going to move my offices there, I want to move my sales counter there, I want to... It's got a huge parking lot. I want to use it for... so we can park better, we don't have to park in the neighborhood. It just would, in my way of thinking, be a much better operation. We could put a hardware store there. We just can't be a plumbing store. That's the thing that bothers me so much in C-2. We can't be a plumbing store, but we could be a hardware store, we could be a building material supply, but we can't be a plumbing store. I'm not an industrial pipe company. We sell plumbing fixtures. We sell things that the handyman uses, the handy plumber 296 May 1, 1995 Ktdl�. -;� j , w uses. We do not have a sign out that says, "strictly wholesale." We help the people with parts. We've got a huge parts department. And I said before, we plan to move our offices there, our sales counter, and move it... And I would appreciate if we could get consideration for this. Thank you. Mayor Clark: Thank you, Mr. Lawrence. All right. We'll hear from this side. Ms. Sylvia Barredo: My name is Sylvia Barredo, and I live at 5663 Southwest 1st Street. We've very... We're strongly opposed with Mr. Lawrence's changing of zone. When we moved to this area, we knew that it was restricted commercial. Now, Mr. Lawrence wants to change it into restricted liberal. "Liberal" means that there is more freedom, and this block is very... It's a small block. All the neighbors know each other. We talk to each other. It's like a family. Mr. Lawrence, in changing the zone, it would increase the traffic. Also, our property value would go down, because of the change of zone. We're hard workers. We build our homes, and we've lived there quietly. We want to keep it this way. Also, in... There's an alley on the back which, at night, when your business is closed, there's trucks that park there. They throw garbage, they throw... The other day, we saw a toilet back there, and also, the noise. They keep the truck running all night. It bothers us, and we do not want that. Due to this change, also, the traffic would increase. There's children that live in our block that play around there, and it can cause more serious damages. Also, they would be using our street. And also, he talked about some properties, and those properties are on Flagler, on the other side of the street, which do not affect us. But this would affect us, due to the traffic, our property values going down, and, also, Mr. Lawrence has brought people, and has signed on the paper which do not live there. And we live there. We're the ones that are going to be affected, not the other people. Mr. Lawrence does not live in the neighborhood. He goes home, like he said, and he forgets. But we're there, and we're the ones that are getting the cause. Mayor Clark: All right. Thank you. Other persons want to add something? Vice Mayor Plummer: Well, can I ask you to speak to whoever from this side is going to speak? You realize that if this application is denied, as before us here this evening, you've heard, and I'm assuming they will back up, what you could get in there. OK? So it's not a matter that it's going to be a park, or it's going to be something that may or may not. It could be a hardware store. It could be a building supply. It could be a lumber yard. Mayor Clark: It could be a bar. Vice Mayor Plummer: There's a lot of things it could be. So I want you to understand and speak to, when you speak, that if you realize that if it isn't this application, you understand what could happen to you in the alternate. Commissioner Gort: Also, I'd like to make a suggestion. Do you understand what the covenant running with the property means? Vice Mayor Plummer: That's volunteer. He's volunteering that. Mayor Clark: You can only use it for that, and nothing else. Commissioner Gort: So he already did. He already made the offer, and they put it on the record. Vice Mayor Plummer: Well, that's while I was in the bathroom, then. Mayor Clark: Yeah, it's already in. 297 May 1, 1995 %Is'' Commissioner Gort: They put that in the record. They put a covenant that it would only be used for that use. Nobody else can use it for anything else. Also... Let me finish. Let me explain so you understand, because you came with your speech prepared. We ask people, when they come to these hearings to be open-minded and listen, because you might be able to improve. There's two readings. This is first reading, and it's got to come back to us again. My suggestion is, in the second reading, that all of you get together, you understand the application, what's in front of us. The other thing is, they're willing to put a rezoning, but they're going to leave the whole foot. Mr. Rodriguez: One foot. Commissioner Gort: Which means that they're going to take away some of the commercial that you had before. In other words, this is more protection to the residential area. I just want you to understand those things. Mayor Clark: Your name, please. Mr. Jerry Ordonez: My name is Jerry Ordonez. I reside at... She is my fiancee, which lives at 5663 Southwest 1st Street. I think that one of the major concerns is the increased traffic of trucks, with the children playing, could, you know, create a problem, tragically, due to the small children in the area, in that block of Southwest 1st Street, between 56th and 57th, which is where Lawrence Plumbing resides. Mayor Clark: Hold up, just a minute, sir. Ladies and gentlemen, if you're here for the Zoning hearing tonight, you're going to be late. This is a Commission meeting that was carried over after last Thursday, because of electrical problems. All the lights went out here. So we had to reschedule the Zoning. We're going on the Zoning hearing that was... should have been held last Thursday. If you are here for tonight's Zoning hearing, you'd better just relax and go have a meal, because we're going to be here a while ourselves before that happens. Vice Mayor Plummer: Can we cancel the rest of our agenda? Mayor Clark: I'd soon... just after this, I'd like to get... postpone it. Mr. Ordonez: Besides, as it was already stated, the value of the property, changing from C-1 to C-2, will normally devalue itself. They are concerned, this is a low - middle class, hard working, blue... you know, blue collar type of a neighborhood. They don't... We can't afford a devalue on this, on their neighborhood property. They will really... it will really hurt most. Like I say, the main concern is the increased traffic, the increased businesses in the area, will create not only parking problems for them, but are hazardous to the children in that block, which they would be, you know, travelling on. Mayor Clark: All right, sir. Thank you, sir. Other persons wish to add something? [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 SERGIO RODRIGUEZ.] Mr. Ofilio Borrego: MI NOMBRE ES OFILIO BORREGO. YO QUIERO TRASLADAR... YO VIVO EN 5640 SOUTHWEST PRIMERA CALLE DURANTE LOS ULTIMOS DOCE 298 May 1, 1995 yS., ANDS. COMO LA APLICACION ES LO QUE SE LLAMA LA TERRACE DE LA 57 AVENIDA HASTA LA 52, PERO TODO ESTA CARGA SI SE CAMBIA LA ZONA RESTRINJIDA PARA LA ZONA... SI ELLOS LE CAMBIAN PARA LA ZONA GENERAL COMERCIAL, LA CARGA PRINCIPAL VA A ESTAR EN LA PRIMERA CALLE DEL SOUTHWEST ENTRA LA 57 Y EN ADELANTE. LA CONSECUENCIA ES QUE TODO LOS... LAS RASTRAS SE VAN A TRATAR DE PARQUEAR EN LA PRIMERA CALLE DEL SOUTHWEST. COMO UN PELIGRO EXTRAORDINARIO PARA TODO LOS NINOS QUE VIVEN EN ESA AREA. SE SUPONE, TAMBIEN, QUE LAS CASAS DE NOSOTROS BAJARIAN MUCHISIMO COMO DEPRESIACION. Translation: My name is Ofilio Borrego, and he lives there, at that address during the last 12 years. Since the application is from 57th Terrace until 52, if you change this from restricted commercial to the liberal commercial, the major problem will be in the 1st Street of Southwest between 57th and the rest of the area, I guess, will be 56th Avenue. The consequence of this is that most of the trucks are going to try to park in Southwest 1st. It's a major danger for all the kids that live in the area. It's also supposed to happen that our properties, our houses will decrease in value. Mayor Clark: Now, we've heard the same story from three different people, so if you have something different, fine. Mr. Borrego: I know, I know. Mayor Clark: Because you all don't think the same, I'm sure. Mr. Borrego: I know, I know. But this is the same, you know. Mayor Clark: All right. Well, thank you. Mr. Borrego: That's the big problem, OK? Mayor Clark: Thank you for your testimony, sir. Vice Mayor Plummer: Mr. Mayor, if I may? Mayor Clark: What? Vice Mayor Plummer: If I may? Mayor Clark: You may. Vice Mayor Plummer: Are the neighbors aware... Are you very much aware of the fruit stand across the street? You're very much aware of that. And are you aware that you could have one of those fruit stands on this piece of property, perfectly legal? Mayor Clark: Then you'd have a problem. Vice Mayor Plummer: You can have that, or you can have an alternative. I'm just saying, have you considered the alternative? Because I'll tell you, if I lived in your house, I would not want the fruit stand. Mr. Rodriguez: What they are saying... Let me explain what you're saying, Commissioner Plummer. 299 May 1, 1995 Vice Mayor Plummer: Explain it. It's reality. Mr. Rodriguez: LO QUE ESTA DICIENDO EL QUE SI USTEDES DAN CUENTA DE QUE LA FRUTERIA ESE QUE ESTA EN FRENTE EN LA 57 Y FLAGLER, QUE ESTE TIPO... ES UN TIPO DE USO SE PERMITIRIA ESTA PROPIEDAD SIN PEDIR PERMISO, Y QUE ESO TENDRLA UN IMPACTO MAS NEGATIVO PARA USTEDES QUE LO QUE SE ESTA PROPONIENDO ESTE MOMENTO. Vice Mayor Plummer: Please explain. I'm not talking bad about the fruit stand, but I'm just saying that once they remodel that place, their business has gone multifold, and they have traffic galore, and they stay open very, very late at night. Mayor Clark: They have a barbecue stand out and everything. Vice Mayor Plummer: So I'm just saying that this is the alternative that legally can go there tomorrow without a hearing, and that's the fear that you have to live with. Mr. Rodriguez: LO QUE ESTA DICIENDO EL, QUE ESTA ALTERNATIVA QUE LE PRESENTO Y EL NO ESTA EN CONTRA DE LAS FRUTAS NI NADA, LE GUSTA LA FRUTA MUCHO, PARESE, PERO ESTA DICIENDO ES QUE POR DERECHO, ESTE TIPO DE USO SERIA PERMITIDOS SIN TENER QUE VENIR A NINGUNA AUDIENCIA PUBLICA, SI ELLOS QUISIESEN HACER ESO MANANA MISMO. Vice Mayor Plummer: Now, let me make a suggestion, and maybe you were going to do it. We pass this today on first reading. It takes a second reading. What I would suggest is that it be mandated that you and you sit down together. You can come up with a compromise or things that you feel that you could live with, if this application were to be approved. You can put speed bumps, you can put landscaping, you can put hours of operation, and if they agree to it, voluntarily, they have to do it, then they have to live with it. If they violate it, then they lose their right. But I'm saying to try, to sit down, to be reasonable on both sides, and come up with an answer. And if you can come up with that answer that's agreeable to both sides, then let this Commission deal with it from that standpoint. If you can't do it, "c'est la vie." We tried. Ms. Barredo: The thing is that, yes, if they change it, Mr. Lawrence will be there, fine. But what happens if in five years, he wants to sell? Commissioner Gort: There's a covenant that runs with this land. Vice Mayor Plummer: No, no, no, the covenant is binding. Mayor Clark: Can't do it. Commissioner Gort: Let me explain this to her. Let me explain it. Let me explain it to her in Spanish. Mayor Clark: Wait a minute. Ma'am... Just a minute, please. If there's a covenant with the land, if he tries to sell it, it reverts back to the other zoning it was before. Vice Mayor Plummer: Absolutely. Ms. Barredo: OK. Commissioner Gort: Mr. Mayor, may I explain it to her in Spanish? 300 May 1, 1995 im Mayor Clark: Yeah. Commissioner Gort: USTED TIENE QUE ENTENDER QUE ESTA APLICACION QUE USTEDES TIENEN AQUI, USTED PUEDE REUNIRSE CON ELLOS Y RESTRINJIR MUCHO MAS EL USO QUE HAY HOY ENDIA. 1) ELLOS VOLUNTARIAMENTE OFRECIERON EN EL RECORD YA QUE ELLOS PONEN CON LA PROPIEDAD LO QUE LLAMAN UN COVENANT, QUE ES COMO UN COMPROMISO QUE ESO NADA MAS QUE SE PUEDE UTILIZAR PARA ESO NADA MAS QUE ELLOS ESTAN EXIGIENDO. NO PUEDE HACER NINGUNA OTRA COSA. 2) USTEDES PUEDEN SENTARSE CON ELLOS Y AL MISMO TIEMPO UN PIES EN TODO EL PERIMETRO NO SE VA A CAMBIAR AL C2 - QUE ESO LOS PROTEGE A USTEDES PORQUE NO VA CONFRONTANDO CON USTEDES. LO OTRO ES QUE USTEDES SE PUEDEN SENTAR CON ELLOS Y EXIGIRLES, O TRATAR DE HABJAR CON ELLOS Y CONVENCERLOS DEL PROBLEMA QUE USTEDES TIENEN CON EL TRAFICO. QUE CIERREN Y QUE NO HAYA TRAFICO Y CAMION DESPUES DE X HORAS. O SEA QUE PUEDEN SENTARSE CON ELLOS Y SACAR ALGO MEJOR PARA EL BARICIO DE LO QUE PUEDAN TENER ANTERIORMENTE. Mayor Clark: All right. Vice Mayor Plummer: Sergio, I want to tell you, his Spanish is much better than yours. Mr. Rodriguez: How would you know? Commissioner Gort: OTRA COSA QUE QUIERO DECIRLES, ESTOSE TOMA DOS HEARINGS PARA PODERLO APROBAR: UNO HOY Y DESPUES OTRO, DONDE USTEDES TIENEN LA OPORTUNIDAD DE SENTARSE CON ELLOS, HABLAR CON ELLOS Y SI NO ESTAN DE ACUERDO PUEDEN VENIA A DECIRLO. Vice Mayor Plummer: And the City Attorney has asked me to advise you, once you meet, and if you do come up with an agreement or a compromise, that you reduce it to writing, surrender them a copy, and the City Attorney, five days prior to the second reading. Commissioner Dawkins: Well, Mr. Mayor, this gentleman has been trying to say something. Mr. Maxwell: And the covenant. Mr. Rodriguez: And the covenant. Vice Mayor Plummer: Well, that's what I'm saying, surrendering the covenant. Commissioner Dawkins: That gentleman wants to say something. Mayor Clark: I'm trying... Everybody is trying to talk for him. Commissioner Dawkins: OK. Mayor Clark: You finished? Commissioner Dawkins: Yes. Mr. Gumersindo Diaz: Hello, hello. My name is Gumersindo Diaz. I live in the area 22 years, OK? Explain the... change in spanish. OK. 301 May 1, 1995 [IX" r-+zS [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 SERGIO RODRIGUEZ.] Mr. Diaz: LO QUE DICE EL SENOR WILLY GORT ES MUY BONITO EN SU FORMA DE EXPLICAR, NO? PERO tomorrow, MANANA, EL CAMBIA Y VENDE ESO. Translation: What Commissioner Gort is saying is beautiful in the way he explains it, but tomorrow, if he feels that... Commissioner Gort: SENOR, HAY UN CONTRATO QUE LE LLAMAN UN COVENANT QUE ELLOS TIENEN QUE PONER EN LA CORTE DONDE LE PROHIBE QUE SE PUEDOE UTILIZAR DE NINGUNA OTRA MANERA, Y ESO SE UTILIZA AQUI CONSTANTEMENTE DONDE USTED CUANDO PONEN ESO, Y AQUI HAY QUE GENTE QUE HAN COMPRADO PROPIEDAD SIN SABER QUE ESTA ESO, Y NO LO HAN PODIDO UTILIZAR PORQUE ESO ESTA filed in the courts - how do you do that? Mr. Diaz: I understand. LO QUE DICE EL ... QUIEN ES EL QUE ESTA EN... A FAVOR DE LA FRUTA... LA FRUTERIA ES COMPLETAMENTE DIFERENTE, PORQUE LA FRUTERIA TIENE SU TRANSITO Y SU AREA DE PARQUEO. Translation: The fruit stand is different, because they have their own traffic and their own area of parking. Mayor Clark: OK. Well, that's all right, fine. That's another case. Forget about the fruit stand. Talk about this property. Mr. Diaz: LO QUE REFIERE EL DEL LUNCH Y ELLIQUOR STORE YA ESO LO VAN A CERRAR PORQUE HAY UNA IGLESIA ATRAS Y EL LIQUOR STORE ESTA CERRADO YA. ASI QUE ESO ES PERFECTO. AHORA, LA PROPIEDAD, DESPUES QUE UNO VIVE 21 ANOS EN UN AREA, Y ENTINCES EN ESTOS MOMENTOS - C1 - A QUE LO BONGAN COMERCIAL... ESE TRAFICO PORQUE YO VIVO FRENTE POR FRENTE EN LA PARTE DE ATRAS DE ELLOS Y ESE ALLEY QUE ESTA ATRAS, DESDE LAS SEIS DE LA MANANA, NO SE PUEDE DORMIR NI SE PUEDE NADA. Mayor Clark: All right. Thank you. Translation: He said that his problem is that he lives behind the alley, and since six in the morning nobody can sleep in that area, and it's a mess. Mayor Clark: These are conditions you can put in there and restrict a lot of that, so let the man... He'll bring it up at... There will be dissension in heaven. Everybody will want the front row, rather than the back row. All right. Thank you, sir. Mr. Borrego: DILE QUE SI PUEDO HACER UNA PREGUNTA. Mayor Clark: No, you spoke one time. Translation: I want to ask a question of the Commissioners. 302 May 1, 1995 Mayor Clark: What? Mr. Borrego: YO QUIERO BACERLE UNA PREGUNTA A LOS COMISIONADOS. COMO USTEDES VEN, AQUI LO QUE HABEMOS SON VECINOS DE VERDAD DEL AREA, DUENOS PROPIETARIOS DE AQUI. SE TOMA ESTO EN CUENTA O NO SE TOMA. Translation: We are neighbors, real estate owners of the area, property owners, true property owners from the area. Is this taken into account or not? Mayor Clark: Is what? Vice Mayor Plummer: Of course. Mr. Borrego: PORQUE ESTE SENOR, SI VAMOS A DISCUTIR CON EL, VA A SER MUY NEGATIVO SEGURO. Translation: If we go to argue, discuss this item with this man, I guess the owner, the applicant, he's going to be very negative about it. Mayor Clark: I believe the man... Vice Mayor Plummer: I don't think you're right. Mayor Clark: I think the man knows, right now, that he'd better cooperate, or he ain't going to get nothing. Vice Mayor Plummer: You tell this gentleman that if we weren't concerned, we wouldn't be trying to find an area of compromise. We'd just say, sorry, out of luck. We're trying to find a middle ground. And I think by your concern expressed here, we're trying to help. If not, we would have just said, OK, approved, bye-bye. We didn't do that. Mayor Clark: All right. The public hearing... I don't think we need any rebuttal. Mr. Lawrence: I would just make one comment. I would like to meet with them next Monday night at seven o'clock. I would be very happy to do that, at 5700 West Flagler, at our new building, which we own. I'd be happy to meet with them all there, Monday at seven o'clock. Mayor Clark: Do they understand that now? COMPRENDE? Mr. Rodriguez: EL SE QUIERE REUNIR EL LUNES, A LAS SIETE DE LA MANANA EN EL OTRO EDIFICIO QUE ESTA EN LA 57 AVENIDA. Mayor Clark: All right. Vice Mayor Plummer: I'd rather meet in the fruit stand. Mayor Clark: All right. Is there a motion? First reading. Mr. Rodriguez: Seven p.m. Vice Mayor Plummer: Move to approve on first reading. Mayor Clark: With a covenant,, with all those conditions. 303 May 1, 1995 Vice Mayor Plummer: With a covenant being supplied five days prior to the second reading, if there is a covenant, to be voluntarily supplied. Mayor Clark: All right. Read it, read it. Mr. Maxwell: That will apply to the next item, item 6. It's a comp. plan. Mayor Clark: Call the roll, Madam Clerk. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT 5600-5664 WEST FLAGLER STREET, BY CHANGING THE LAND USE DESIGNATION FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. ---------------------------------------------------------------------------------------------------------------- 93. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 ATLAS -- CHANGE DESIGNATION AT 5600-5664 W. FLAGLER STREET FROM C-1 RESTRICTED COMMERCIAL TO C-Z LIBERAL COMMERCIAL. (Applicant: Joseph & Karen Lawrence, Owners.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Another roll call for the next item? Mr. Sergio Rodriguez: No. Mayor Clark: All right. Call the roll. 304 May 1, 1995 10" An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 5600-5664 WEST FLAGLER STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 31 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. Rodriguez: For the record, it was seven p.m. the meeting, when it was going to be held, instead of seven a.m., as I mentioned before, mistakenly. ---------------------------------------------------------------------------------------------------------------- 94. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE MAP, TO CHANGE DESIGNATION AT 615 N.E. 62 STREET AND 620 N.E. 63 STREET FROM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL. (Applicant: James Yeong Yuh Shen & Yu -Ching Fu Shen, Owners.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: What about PZ-7? You want to carry this all over, J.L., to the...? Vice Mayor Plummer: I'm sorry, Mr. Mayor? Mayor Clark: Did you want to carry the rest of this over? Vice Mayor Plummer: Well, I... How many people are here for an item on our agenda for the City's zoning? That's not the Zoning Board. Which item is yours? Unidentified Speaker: Nine. 305 May 1, 1995 119. Vice Mayor Plummer: Nine. Is there anyone else here besides item 9? Which one, sir? Unidentified Speaker: Nine. Vice Mayor Plummer: Nine and 13. Mayor Clark: All right, let's go. If there's less talk, we'll get right out of here quick. All right. How about 7? What is 7? Vice Mayor Plummer: Is anybody here on 7? Unidentified Speaker: Yeah. Mayor Clark: You better jump and get forward. Vice Mayor Plummer: For or against? Unidentified Speaker: Against. Vice Mayor Plummer: Against? Mayor Clark: Who's here on item 7? Are these the proponents? Unidentified Speaker: Yeah. Mayor Clark: Read item 7 into the record. Mr. Roberto Lavernia: PZ-7 and PZ-8 are companion items. The land use on the seven petition is in order to move the restricted commercial to C-1 boundary line east and extend the designation to include the subject properties. The Planning, Building and Zoning Department contends that the increased density created by this change will not have additional impact on the existing conditions in the area, and is recommending approval on both. Mayor Clark: On 8 also? All right. For the record, give us your name, please. Ms. Alicia Cuervo: My name is Alicia Cuervo. I'm a civil engineer. I'm representing the property owner. Mayor Clark: You got an affidavit? Ms. Cuervo: Yes, I do. Mayor Clark: Leave that with the Clerk. Ms. Cuervo: Asia Pacific Trading Company has been in the United States for 22 years, and at this property for 11 years. As you can see by the exhibits, the adjacent properties are zoned R-3. There's a lot of empty buildings in this area. We... If anyone has driven by this area, they know that we keep the area very clean. It's a trading company that basically is for optical supplies. It's open to the public. They are going to be expanding their building, making their building larger. The building itself, as you can see in the exhibit on this side... The expansion would remain on the side that is zoned properly. On the side that is zoned right now R-3, that we want to make restricted commercial, it would only be used for parking, and we have exceeded what is required by the Zoning Department for landscaping. We'll be putting a greater percentage. We'll be putting trees along the residential section of concrete wall, and we don't need that much 306 May 1, 1995 px:. W parking, so we're even willing to make more landscaping, if it's necessary. Basically, this won't create more traffic generation. We're not having any access points on Biscayne Boulevard. We've met all the access management criteria that would be required in this area. On the contrary, it will be something nice looking. As I said before, there's a lot of abandoned buildings. He keeps his area clean, as it stands now. He's been there 11 years. It's a quiet place, and we do have Department recommendation. Vice Mayor Plummer: When did you buy the propert - you, the owner? Ms. Cuervo: The owner bought in 1984. Vice Mayor Plummer: He's owned this property that you're in... the subject... Ms. Cuervo: Since 1984. Vice Mayor Plummer: Since '84. Ms. Cuervo: Yes. Vice Mayor Plummer: What is it being used for presently? Ms. Cuervo: For Opti-Wear. Vice Mayor Plummer: What? Ms. Cuervo: Opti-Wear. Mayor Clark: Optical wear. Vice Mayor Plummer: The property in question, the R-3? Ms. Cuervo: I'm sorry, the R-3 is not... it is not being used, no. Vice Mayor Plummer: When did he buy that? Ms. Cuervo: In 197... Unidentified Speaker: The property was purchased in 1984. Ms. Cuervo: But the adjacent property. Unidentified Speaker: The same -- in 1984. Ms. Cuervo: Also in 1984. Vice Mayor Plummer: And what use has it been since that point till now? Ms. Cuervo: R-3. Unidentified Speaker: It's vacant. Vice Mayor Plummer: It's vacant? Thank you. Ms. Cuervo: It's R-3, and it's fenced in, and it's not being used at this time. 307 May 1, 1995 0 Mayor Clark: OK. Vice Mayor Plummer: Let's hear from the neighbors. Ms. Ernestine Stevens: The community of the Upper East Side... My name is Ernestine Stevens. I'm president of the Upper East Side Federation. The communities of the Upper East Side are unanimously against any further encroachment into the residential area. We want no expansion of the commercial areas. This sets for us... Mayor Clark: She's not doing that. She's for parking only. Ms. Stevens: We want no encroachment, no change in zoning at all, regarding commercial areas. Mayor Clark: Can you give her a use variance to use for parking? Mr. Sergio Rodriguez (Assistant City Manager): They would have to go through a change of zoning anyhow. They cannot have a use variance. We don't have them in the City. Vice Mayor Plummer: Mr. Mayor, you make a good point. You know, we made a mistake. We made a mistake when we changed, and did not allow... Mayor Clark: Parking. Vice Mayor Plummer: ... parking contiguous to commercial. I'm telling you, that matter needs to be restudied. I agree with her. Don't go into any more commercial zoning. But let me tell you, were they...? How many people do we have before us that want to give more parking than what's provided? None. What do we get before us? People who say to us, "Please waive five spaces, I can't do it; six, I can't do it." I want to tell you, Mr. Mayor, I don't know how you feel, but I'm ready to make a motion asking the Department to restudy to allow parking contiguous to a commercial property, where it can be redone, because we are killing ourselves. These people here are merely trying to help, from what I see, but like this woman's fear, if we do that, change that zoning tomorrow morning, they can go there, and they can make it commercial, and they don't have to use it for parking. That's a legitimate concern. Mr. Rodriguez: Commissioner, if I may. Ms. Cuervo: We are willing to supply a covenant to this... Mr. Rodriguez: May I address... Ms. Cuervo: ... for it to be used as parking only. Mayor Clark: Can't do it. Mr. Rodriguez: May I address the issue for Commissioner Plummer one second? Commissioner, we have SD-12, which is precisely for that type of use. The problem that we have in this particular area under SD-9, that that would not be permitted, and in this case, to allow the parking to support the commercial that is facing Biscayne Boulevard, it would require a change of zoning, which is what they are here for. Vice Mayor Plummer: The point, simply, in my estimation, this is a vacant lot that is vacant, according to them, and I take their word for it, and, here, they're not asking to put more commercial on the property. 308 May 1, 1995 Mr. Rodriguez: Right. Vice Mayor Plummer: They're asking us, "Let us alleviate the parking problem by putting on more parking than we have today." Mr. Rodriguez: But I think that will be opposed, also, by the neighborhood, right? Ms. Stevens: Correct. Mayor Clark: Well, that's all right. Ms. Stevens: Correct. If I could just make my point, please. The boulevard... This sets a really dangerous precedent. We've been fighting so hard up there to preserve the residential area, and this sets a dangerous precedent. If you will look at the map, the planning in the Upper East Side has been random, and haphazard, and nonexistent. No thought has gone into how this area has been planned. And so you have scattered C-1 areas. We are trying to draw a line in the communal sand and say the areas that are residential must be reverently maintained. If more areas... If they do that today with this particular site, there's no re... Mayor Clark: Let me ask. Let me ask you this question. Ms. Stevens: Yes, sir. Mayor Clark: What's it zoned now? Ms. Cuervo: R-3. Vice Mayor Plummer: R-3. Mayor Clark: Would you like a big apartment house there? Ms. Stevens: No. Mayor Clark: Well, that's what they can put up there tonight. Ms. Stevens: No, but the point... Yes, but... Commissioner Gort: Let me ask you a question, Ms. Stevens, and I've worked with you all quite a bit, and we... Our worry, number one worry is to have the legitimate business people in Biscayne Boulevard. Ms. Stevens: I agree. Commissioner Gort: That's my understanding. I don't know about this operation. This is the first time I have gone by. I don't know what type of neighbors there are. But I think the neighborhood should... And I'll go with the neighborhood. I don't have a problem. I've always been there. But I think the neighborhood should look... And the way we look at each case that comes in front of us, we're not looking at the whole area. We're not setting a precedent, because each one has to come in front of us. Ms. Stevens: This property... Commissioner Gort: So I hope you all consider all this when you make your decision. 309 May 1, 1995 'A- ZI A Ms. Stevens: Absolutely, absolutely. This property was purchased over a decade ago, and it was purchased as is by that particular person. Now, when he purchased it, I am sure that he was fully aware of the zoning at that point. I agree, there are many buildings along this corridor that are vacant that have parking, that if he wants to expand, that it's feasible to move into one of those. If you allow this particular infringement upon a residential area, albeit R-3, who's to say we cannot...? What is the excuse you have when they go up into Bayside and somebody...? Because the problem with parking along that area is just as bad for the commercial corridor, or on the west side. We want no more expansion of commercial area. There are plenty of properties. There is adequate parking at other sites. There are other alternatives. Vice Mayor Plummer: That's what we're trying to do, just take it out of a class and put it in a variance. Mayor Clark: I think you've made your position very clear, and we thank you for your testimony. You've been very clear. Ms. Stevens: Thank you. Mayor Clark: Are there other persons who want to add something? She's a very good representative. I'd stand on her laurels any time. Commissioner De Yurre: Mr. Mayor, what I'd like to know is, what is next to this property? Is it like buildings or single-family homes? What do we have there? Ms. Cuervo: It's apartment buildings. Commissioner De Yurre: I'm asking the Administration. Ms. Cuervo: I'm sorry. Commissioner De Yurre: Thank you. Mr. Rodriguez: You mean in the property which is adjacent to this? Vice Mayor Plummer: To the west. Mr. Rodriguez: To the west. You have adjacent to this an apartment building, I believe, immediate - excuse me - to the east. Right? That was the question? To the east. Vice Mayor Plummer: That would be to the west, wouldn't it? Commissioner De Yurre: I'm looking to the east. Mr. Rodriguez: To the east. Mayor Clark: Is this on the west or the east side of the street? Vice Mayor Plummer: Yeah, OK. Mr. Rodriguez: Yeah. You have over there an apartment building immediately adjacent to the property in question. Commissioner De Yurre: Running up and down from one street to the other? 310 May 1, 1995 Mr. Rodriguez: If you look... To make it easier, if you look at your package, page number 13 of item number 7, the aerial photo, you will see on the area just south of 63rd Street... You see the building? Commissioner De Yurre: Uh-huh. Mr. Rodriguez: And then on the lower part, on 62nd, there is a unit, which I believe is a single- family, but I'm not sure. Under the zoning that they have presently, that single-family will be converted into a multifamily. Commissioner De Yurre: Now, there is an existing single-family home on this property at this point in time? Mr. Rodriguez: I believe this photo is not up to date in that respect. Right? Ms. Cuervo: Yes, there is an abandoned single... Mr. Rodriguez: It's still in good condition? Unidentified Speaker: Yes. Mr. Rodriguez: Yeah. Mayor Clark: Is that an alley in between there? Vice Mayor Plummer: I don't think so. Ms. Cuervo: No, there's no alley. Mr. Rodriguez: Where are you looking at, Mr. Mayor? Mayor Clark: The rear property line of the property, is there an alley there? Mr. Rodriguez: No. I am not aware of any alleys over there, no. What are you looking at? Vice Mayor Plummer: He sees the... It's the zoning line he's looking at. Mayor Clark: Big spot there. Looks like an alley, going up north and down south, too, right through here. Ms. Cuervo: There's no alley. Mayor Clark: No. It's an alley right through there, isn't it? Mr. Rodriguez: I don't think so. I'm looking at the zoning map and it doesn't show any alley. Just a line. Mayor Clark: OK. Commissioner De Yurre: Another question, Sergio. Mayor Clark: Does somebody else want to add something on the opponent's side? 311 May 1, 1995 Commissioner De Yurre: Well, Mr. Mayor, if I may just add one more thing. With what they're planning to build there, as far as the footage, do they need... How much parking do they need? Do they need to go into this other lot? Mayor Clark: No. They want... They got plenty. Mr. Rodriguez: I cannot tell you that, because remember that what you're approving today in the zoning, they can do whatever they want. Commissioner De Yurre: I'm aware of that. I'm aware of that, but that's the question I'm asking. Mr. Rodriguez: You have to ask that from the applicant. I couldn't tell you. Ms. Cuervo: We're basically about 5,000 square feet. Commissioner De Yurre: Yeah. Ms. Cuervo: So, yes, we would be required to have more parking. We don't need the more parking, but we would be required to. Therefore... Commissioner De Yurre: How many spaces would you need? Mayor Clark: Sir, let her speak. All right. Let this lady speak. Go ahead. Ms. Kathleen Prudhomme: Hi. My name is Kathleen Prudhomme. I live at 636 Northeast 83rd Street. Vice Mayor Plummer: Eighty-third? Ms. Prudhomme: Eighty-third. I didn't want to get up and speak, but I am really tired of coming before the board, lots of boards, with a stomach ache, thinking of what you're going to do to our community. We unanimously voted that we do not want this company to expand. Exceptions are for exceptional people. This is no exceptional business in our community. I have driven past it many times. The place is filthy, filthy, dirty. There is garbage all over the place, people hanging out all over the place. If they need more space, they can move to another building. I live next door to a parking lot. I know what goes on when there's a parking lot next door to your house. We are unanimously opposed to this. Mayor Clark: Thank you for your comments. Anybody else? Don't be saying we're cutting you short. Anything in rebuttal? Mr. Jorge Ujuela: Yes. My name is Jorge Ujuela. Mayor Clark: No, no, not new testimony. Rebuttal of what they've said. Mr. Ujuela: Yeah, well, I live in the neighborhood. I live in 5943 Biscayne Boulevard, and I know the people, you know, and I think we need that kind of business, you know, expanded, so it's going to employ more people. So, you know, I agree with that. Mayor Clark: OK. Very good. Thank you, sir. Ma'am, do you have anything further to day? Ms. Cuervo: No, I don't, but I think that we are willing to give a covenant for the landscaping buffer. We are putting up a wall. I want you to pay close attention to the percentage of 312 May 1, 1995 landscaping that we'd be giving. There will be lighting on the parking lot. I would imagine that it would be, roughly, between ten and 15 spaces, if we increased the building by 5,000 square feet. We roughly use five. Mayor Clark: OK. Commissioner Dawkins: OK. Mr. Mayor, please. Mayor Clark: Thank you. Yes, sir. Commissioner Dawkins: This apple green area towards Biscayne Boulevard, what is that? Mayor Clark: Out front, on Biscayne Boulevard. Commissioner Dawkins: Yeah. What is that, ma'am? Ms. Cuervo: This grassy area, this here. Commissioner Dawkins: No... Yes, that. Ms. Cuervo: This grassy area is a concrete wall... (speaking off mike -- unintelligible). Commissioner Dawkins: And how far to the sidewalk, I mean, to the road, or to Biscayne Boulevard does this grassy area and this sidewalk extend? Ms. Cuervo: Roughly ten feet. Commissioner Dawkins: Ten feet. Ms. Cuervo: I don't have my scale with me, but it's roughly ten feet. Commissioner Dawkins: That's OK, that's all right, that's good enough. So there's a ten-... Ms. Cuervo: Foot buffer. Commissioner Dawkins: ... foot buffer of a grassy area, and the other area up there, what looks like you got trees. Ms. Cuervo: All these are trees. Commissioner Dawkins: No, ma'am, no, ma'am, up top. Ms. Cuervo: Here? Commissioner Dawkins: Yes, ma'am, there on down. What is that? Ms. Cuervo: We're required a five-foot setback which... Commissioner Dawkins: Hmm? Ms. Cuervo: We are required to have a five-foot setback. We would... We can make it greater. We have... Commissioner Dawkins: No, no, no. On... 313 May 1, 1995 0 Ms. Cuervo: Here? Commissioner Dawkins: Yeah. Now come down. Ms. Cuervo: This is an existing sidewalk. Commissioner Dawkins: Now, bring the trees down. Ms. Cuervo: Here? Commissioner Dawkins: Yes - no, down. Ms. Cuervo: There? Commissioner Dawkins: No, ma'am. Ms. Cuervo: Here? Commissioner Dawkins: Yes, right there. What is that? Ms. Cuervo: That's just a tree. Commissioner Dawkins: Hmm? Ms. Cuervo: That's just a tree. That's just landscaping. That's just arbitrary landscaping. It's just part of the drawing. Commissioner Dawkins: This goes with the... Mayor Clark: The front piece of the building. Commissioner Dawkins: ... with the building? Ms. Cuervo: Yes. As you notice, we are not putting any driveways onto Biscayne Boulevard. Commissioner Dawkins: You're not doing what? Ms. Cuervo: We are not putting any driveways on Biscayne Boulevard. Mayor Clark: All on 63rd Street, right? Ms. Cuervo: Sixty-second, and one on 63rd. Mayor Clark: All right. Thank you. What's the pleasure of the Commission? Ms. Cuervo: I do request, if the Commission wants, to pass by and see that it's kept clean. Commissioner Gort: My understanding is this is going to be two readings? Mayor Clark: What's that, Willy? Vice Mayor Plummer: Well, it takes two readings. This is first reading. 314 May 1, 1995 4, A Commissioner Gort: Well, we've worked quite a bit with the northeast, and the neighborhood in there, and they've done a tremendous job, and I have to support them. They've been very active, and I'm ready to make a motion to deny. Vice Mayor Plummer: Second. And I do that fully with the understanding that it's a pleasure to see people come in and want to give more parking than is necessary, but the neighborhood has said that they want this thing to be this way, and I think we've got to listen to them. Commissioner Dawkins: Call the roll before we continue editorializing. Mayor Clark: Call the roll. Vice Mayor Plummer: Motion made to deny, and seconded. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 95-337 A MOTION TO DENY AGENDA ITEM PZ-7 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE NO. 10544 BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 615 N.E. 62 STREET AND 620 N.E. 63 STREET FROM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL). Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------- 95. DENY PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 ATLAS, TO CHANGE DESIGNATION AT 615 N.E. 62 STREET AND 620 N.E. 63 STREET FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AND SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT. (Applicant: James Yeong Yuh Shen & Yu -Ching Fu Shen, Owners.) Vice Mayor Plummer: Move the same item. Do you move 8? I second it. Same... Mayor Clark: Nine, you're moving 9? Commissioner Dawkins: PZ-9 or 8, which one? 315 May 1, 1995 $19., Commissioner Gort: PZ-9. Mayor Clark: Is 8 the companion item, Sergio? Commissioner Dawkins: Yes, sir. Ms. Matty Hirai (City Clerk): It's PZ-8. Vice Mayor Plummer: It's out of my hands. Commissioner Dawkins: It was moved and seconded. Vice Mayor Plummer: What's this? Mayor Clark: Call the roll. Vice Mayor Plummer: Wait. Where are we? Ms. Hirai: Companion item. Commissioner Gort: Nine, 9. Ms. Hirai: Companion item. Roll call, PZ-8. Vice Mayor Plummer: What's the motion? Commissioner Dawkins: The same as 7. Vice Mayor Plummer: Is this item 9 or 8? Mr. Sergio Rodriguez (Assistant City Manager): Eight. Commissioner Dawkins: Eight. Ms Hirai: Eight. Commissioner Dawkins: A companion to 7. 316 May 1, 1995 L 010:r The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 95-338 A MOTION TO DENY AGENDA ITEM PZ-8 (PROPOSED FIRST READING ORDINANCE TO AMEND THE ZONING ATLAS OF ORDINANCE 11000 AT APPROXIMATELY 615 N.E. 62 STREET AND 620 N.E. 63 STREET, FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, AND SD-9, BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT). Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 96. DISCUSS AND CONTINUE (TO MAY 25TH MEETING, OR NO LATER THAN JUNE 22ND MEETING) CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL SPECIAL EXCEPTION (AS LISTED IN ZONING ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN 5,000 SQUARE FEET) -- TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA, FOR TWO LOTS WITH NET AREA OF 22,960 SQUARE FEET; ETC. -- AT 3060 ORANGE STREET. (Applicant: Luis Dominguez & Ken Rampone, for Central Grove Prop., Inc. Appellant: Gerald C. Marston & Carlos Rodriguez.) Mayor Clark: Next item, 9. Ms. Lourdes Slazyk: PZ-9 is an appeal of a special exception which was approved by the Zoning Board. The Planning, Building and Zoning Department recommendation was also for approval, with conditions. This is a special exception to allow an additional dwelling unit for each 2,500 square feet for duplex lots that have over 5,000 square feet. This is to put a total of nine units on the property at 3060 Orange Street, On March 20th, the Zoning Board approved the special exception for the proposed project, with modified conditions from what was recommended by the Planning, Building and Zoning Department. At the time, we had recommended approval of the project without addressing the oak tree, which is mentioned in the appeals, because the project called for relocation of that oak tree. Based on the information in 317 May 1, 1995 �Jg.' the appeal, we referred the oak tree issue to the landscape architect in the City's Public Works Department, who did an analysis that's attached in your package. Based on that analysis and the chance of survival of the tree, we now recommend that the site plan... approval with the condition that the site plan be modified so as to preserve the tree in its existing location. The Zoning Ordinance, under Article 15, Section 15-10 of the Ordinance, allows that by class two special permit, upon finding that the modification is necessary in order to preserve a significant natural or archeological feature, we can modify a site plan to allow them to go into the required setbacks to keep the tree where it is and preserve it. We therefore recommend approval with that condition, that a site plan be modified. You can either do that by continuing the item and let them bring a modified plan to us, or by approving a modified site plan, subject to the review and approval by Planning. The applicants and the pictures are here, right. Mayor Clark: All right. Vice Mayor Plummer: Do you live there, sir? Mr. Gerald Marston: Yes, sir. I live within 375 feet. Vice Mayor Plummer: All right. Mr. Gell? Mr. David Gell: Yes. I'm here as president of the Center Grove Neighborhood Association, and we have a lot of people here. Please stand up if you are opposed to this project. All these people here are opposed to it. Vice Mayor Plummer: That's the question I'm asking. Thank you. Mayor Clark: All right. Mr. Marston: Should I begin? Vice Mayor Plummer: Well, I think... Who is the applicant? This is an appeal? Mr. Sergio Rodriguez: They're appealing. It's an appeal. Mr. Marston: I'm the appellant. Vice Mayor Plummer: You are. Mr. Marston: Yes. My name is Gerald Marston. I live at 3026 Day Avenue, which is within 375 feet of this project. I am a Florida registered landscape architect. I am president of the Lemon Tree Village Condominium Association, and I have worked with these folks and reviewed the project. Our first concern, after looking at the site plan, was, in fact, the preservation of that magnificent oak tree, which we are now dealing with the site plan that, in fact, would preserve it in its location. In order to save that tree in its existing location, the applicant is now asking for some other modifications of the site plan, which we haven't seen. I think I am asking you to consider a number of issues this evening. One of them is that in my 14 years of land planning and landscape architecture in the State of Florida, I know that each time you approach a project like this, you understand what the constraints are, and that you try to address those as a designer. I don't believe that that's what has happened in this particular case. The oak tree has been there since they arrived, and I don't believe that they have adequately addressed it in a design consideration. Certainly, there are setbacks which are a part of what that property comes from. And if my understanding is correct, there is real concern over the issue of density on this particular project. It is my understanding that the property, at the moment, is currently platted as three separate properties for duplex, and that if my calculations are correct, 318 May 1, 1995 they would have a right to put seven units on this particular property. It is not currently, I believe, currently put together as a single property and, therefore, eligible for the 2,500 square foot rule. It is, in fact, important to our neighborhood to preserve that neighborhood character. That's why they were originally platted duplex lots. Those are the kinds of things that begin to preserve the neighborhood character and the residential character of our neighborhood. Mayor Clark: You know, let me say this. Mr. Marston: Yes, sir. Mayor Clark: Our fine director... Mr. Rodriguez: Yes, sir. Mayor Clark: ... has stated that he believes the units could be located to accommodate the tree. This may require a different design, and Sergio Rodriguez said that he would be willing to work with the developer and facilitate the design. Mr. Marston: There are further issues that are related. Once you put nine units on this property, there are six units which are currently under construction across the street. I live on Day Avenue. I'm one of those people who is absolutely bombarded with people parking in the right- of-way all weekend long. We have tremendous problems in Lemon Tree with parking, because of the real stress on parking. We're talking about putting 15 units between this project and the project across the street on Orange Avenue, which says any time anybody has anything more than their cars parked in their parking garage, they're going to be in the swale in the right-of- way. And we continue to allow this increase in density. This project has nine units, two spaces under, I believe, two parking spaces associated with each unit, and two guest spaces. Well, we all know that on a weekend, when you got nine units, and you are buying property at this kind of property value, it's going to be not unusual that you are going to have additional cars, and those cars are going to be on Orange, and they're going to be on Virginia, and they're going to be on Shipping. Mayor Clark: Sir, I made a statement, now. I understand where you're coming from. Mr. Marston: Yes, sir. Mayor Clark: Would you be averse to the position that Mr. Sergio Rodriguez look at this thing and bring it back to us, on whether it could be nine, could be eight, whatever it could be? Mr. Marston: I believe that you could, in fact, if you started with the premise that you were going to save the tree, and design the architectural units so that they could accommodate the tree, that's where I would begin. I mean, I live in one of those projects where a very sensitive architect did that, Lemon Tree, and Charles Harrison Pawley. Mayor Clark: Yeah. We had another architect down here that designed one around the tree, and we had one to tear the house down. Mr. Marston: I understand but... I mean, I live in one where 25 years ago, somebody did a very good job, because that's the premise they started with. I don't believe that's the premise that is started in this particular case. I also would like this Commission to ask... to reexamine the density issue, that we are concerned with numbers of units and numbers of extra parking. Mayor Clark: Sergio, can you handle this thing the way you suggested? 319 May 1, 1995 Mr. Rodriguez: I'm sorry. I couldn't hear you. I'm sorry, sir. Mayor Clark: We don't want to turn the people... to lock them out or something like that, because... without reason. Do you think you could work something out here, Sergio? Mr. Rodriguez: I would like to, you know, as I mentioned in my memo. Once we were aware that the tree could be lost, we believe it should be saved. So I think that we can try at least to work... meet with the applicant to see if that tree could be saved, for sure, and then if that would require a new... a change in the design, either by accommodating the nine units, or by, if necessary, changing to eight units, or whatever, you know. I think that is something that can be tried to work out. Mayor Clark: What do you think? Mr. Stanley Price: Mr. Mayor, if I may. Stanley Price, 701 Brickell Avenue. The issue of the tree was not raised before the Zoning Board. When it was raised, we immediately went back to staff. We have already submitted to them two new designs which will preserve the tree. We also spoke to Mr. Reardon, who is a well respected landscape architect who lives in the area, who had volunteered his efforts to help us preserve the tree. We went out and we hired an expert to do that. We'd be more than happy to work with the Planning Director in order to resolve this issue. Mayor Clark: Do you have a positive recommendation out of the Zoning Board? Mr. Price: Yes, sir. And that was before the tree was even an issue in this matter. Mayor Clark: Well, I'll tell you, with this Commission, you're going to find trees are very important, in our concept. Mr. Price: well, once again, we've agreed to preserve that tree. We understand that. But it was not raised until the notice of appeal was filed. I think the gentleman will recognize he was not even present at the Zoning Board meeting. Vice Mayor Plummer: People in this town are going to stop planting trees. Mr. Gell: Commissioners. Mayor Clark: The way that tree was planted, that was a... You should have talked to Columbus. Vice Mayor Plummer: They're going to quit planting them. Then we won't have to worry about moving them. Mr. Gell: My name is David Gell. I'm president of the Center Grove Neighborhood Association. This issue has come up because of one reason, and that is that the tree was not correctly labelled to begin with; that the plans that were submitted to the Planning Department did not indicate the importance, the significance of this tree, and others on the property. And, now, once the Administration has gone out and seen that problem, now, he's crocodile tears. What we need to do is to... Mr. Price: We're not crocodile tears. We've agreed... Mayor Clark: That's not fair to say that. Nobody is crying up here. Mr. Price: We've agreed to preserve the tree. 320 May 1, 1995 4V Mr. Gell: We need to keep this area. You can see, it is one little, small block of the Center Grove that does not and will not support nine units on three lots. That is unconscionable. The number of people that live in a unit... The number of people that live in a unit will not be accommodated by the cars that are being allowed to... that they are being allowed to get away with, in terms of diminished numbers. Commissioner Dawkins: Then the argument is not against the trees. The argument is against the density. Mr. Gell: That's two. Now, the third one is the cars. Commissioner Dawkins: No, wait. No, wait, now. No, no, no, one... No. Mr. Gell: There are more issues, Commissioner Dawkins. The tree is very important to the Center Grove. It covers a hundred feet of canopy. Commissioner Dawkins: But which... what is the... If there is a sacrifice, what is the sacrifice? Mr. Gell: Well, your Administration... Commissioner Dawkins: Have the units and cut down the tree, or save the tree and cut down on the units. Mr. Gell: I think cutting down on the units would be the smart thing for the developer to do, and I want to say one other thing. Commissioner Dawkins: If there was a decision to be made, and that decision was, we could either have the tree and less apartments, or we could have all of the apartments and lose the tree, what would be the decision? Mr. Gell: Once again, Commissioner, please, let's keep the tree. There's another issue. Commissioner Dawkins: Well, they've agreed. They have agreed to work with you to save the tree. That's what they've agreed to do. Mr. Gell: OK. Commissioner Dawkins: Wait a minute, hold it, hold it, hold it. Mr. Gell: Certainly, I'm listening. Commissioner Dawkins: Let him come to the mike. Mayor Clark: There's no talking to the audience until you stand up. Commissioner Dawkins: No, no, no. Let him come to the mike. Mr. Gell: Certainly. Commissioner Dawkins: Now, you come to the mike, sir, and speak to me in English. Go ahead. Mr. Marston: I was just trying to ask Mr. Gell that... 321 May 1, 1995 48" Commissioner Dawkins: Well, ask me. I'm the one answering the questions. Mr. Marston. If the question is still the same to me, is the tree very important? Yes, the tree is very, very important. There are issues that relate to how do you save the tree, and if you save the tree by, in fact, putting units closer to property lines, that you relax setbacks and so forth, you know... Commissioner Dawkins: How we save the tree is not an issue here. Mr. Marston: We're going to save the tree. Commissioner Dawkins: The issue is whether we save the tree or have more apartments, and they have said, "We will save the tree," and we still keep going around the horn. Mr. Marston: No. We'll say... Commissioner Dawkins: Save the tree, period. OK? Mayor Clark: That's enough, that's enough. I move to defer this item and have Sergio take up this cudgel, and come back to us. Mr. Price, would you meet with the Director? If you want to meet with him, too, it's all right. Mr. Price: I'd be more than happy to. Mr. Marston: Mayor Clark, it would be my pleasure to serve as a representative of the community. Commissioner Dawkins: Thank you. Mayor Clark: And try to work this thing out that way. We want to save the tree. Vice Mayor Plummer: Well, Mr. Mayor, can I ask, are we going to defer... Mayor Clark: Until Sergio has a chance to work this... Vice Mayor Plummer: All right. But the matter relating to the tree, from what I have heard, has already been settled. So are we going to tell them what else we expect them to accomplish between now and the time of coming back? Mayor Clark: Mr. Rodriguez, it's in his hands right now. He offered the assistance, and let him go with it. Commissioner Gort: Mr. Mayor. Mayor Clark: Please. Commissioner Gort: I have two questions, that's all, and I'll be two minutes. Is that all right? Mayor Clark: Well, go ahead. Commissioner Gort: My understanding is this is an R-2? Mr. Rodriguez: Right. 322 May 1, 1995 E1g.. Commissioner Gort: You got three lots. Mr. Rodriguez: Right. Commissioner Gort: And what you have is applying a third lot, because - a third house because of the 2500. I thought we passed an ordinance where... Mr. Rodriguez: You passed the ordinance, but this application was made before the deadline. This will be, probably, together with maybe one or two more, the last two or three applications that you have in the City. This will not be allowed in the future anymore. Mayor Clark: I got a motion to defer on the table. Mr. Joel Maxwell (Deputy City Attorney): To a date certain, please, Mr. Mayor. Mr. Marston: There are two points I'd like to make. Mayor Clark: What... When do you get a date certain? Wait just a minute, now, please. Mr. Maxwell: Next commission meeting. Vice Mayor Plummer: May 22 - no - May 25th. Mr. Rodriguez: Let us try for May 25th. If we can do it by that time, we'll do it. If not, we'll bring it to another time, but we'll try for May 25th. Mayor Clark: OK. Vice Mayor Plummer: Well, make it no later than June the 22nd, but try for the 25th. Mr. Rodriguez: We'll try for May 25th, at that point. Mr. Maxwell: And no later than June 22nd. Mayor Clark: Motion and a second. Call the roll, Madam Clerk. Vice Mayor Plummer: Well, Mr. Mayor, my understanding is, the other issues to be addressed are the setbacks between the buildings... Mayor Clark: That's what's going to be... Vice Mayor Plummer: ... the landscaping.... Mayor Clark: ... designed. Vice Mayor Plummer: ... and the visitor parking. Those are the other items besides the tree. Mayor Clark: He knows that, Sergio, right? Vice Mayor Plummer: OK, Fine. OK. Commissioner Dawkins: This lady is trying to say something. I don't know what's her problem. Come to the mike, please, ma'am. 323 May 1, 1995 lit- Vice Mayor Plummer: Your name and address. Ms. Susan Stanley: I apologize. I'm... Vice Mayor Plummer: Your name and your address. Ms. Stanley: My name is Susan Stanley, and I live at 3252 Virginia Street. And I am a neighbor, and I live in Lemon Tree, and I was born and raised here in 1937, and I'm back for good, and watch out, because I'll be back. I've been here for three years, and I have a very serious health problem, which has made it possible for me to appear before you for the first time, but I can guarantee that it will not be the last. I will be courteous and gracious, and nonconfrontational, but I will be persistent. Be prepared. (A), yes, I came here because of the tree. I do not necessarily believe that, quote/unquote, your offer, your guarantee that you will save the tree means that the tree will, in fact, live. Mayor Clark: Ma'am, we didn't offer anything. Ms. Stanley: No, I'm talking to him, not you, right now, and I want to say that. Mayor Clark: I'm talking to you now. Ms. Stanley: OK. Mayor Clark: You don't talk to him. You talk to me. Ms. Stanley: Oh. I can only talk to you? Mayor Clark: Well, yes, ma'am. You don't address... Ms. Stanley: All right, I'm sorry. Vice Mayor Plummer: That's correct. Ms. Stanley: I apologize, then. Mayor Clark: You don't address. You may be new in town... Ms. Stanley: Didn't understand the procedure. Mayor Clark: But let me tell you how it's going to be. All right? Ms. Stanley: OK. Mayor Clark: We have sent this back to Mr. Rodriguez, who... Ms. Stanley: I understand that. Mayor Clark: All right, fine. That's the end of the condition. You want to speak... Ms. Stanley: I have an opportunity to finish my sentence, right? Mayor Clark: You are confrontational 324 May 1, 1995 Lim Ms. Stanley: No, I'm not going to be confrontational, I promise you. The point is, I came here because of the tree. I have found out that the issues are more complex. I am willing to work with the City and work with the developer, and be part of preserving what is left of the Coconut Grove that is here. Could you take time, as you've done, and be sure that we have an opportunity to review and inspect, or the City does, what he promises to do about saving the tree and building, or not building against side lines. Mayor Clark: Yes, we will do that, I promise you. Ms. Stanley: But enforcement is what I'm concerned about. Mayor Clark: Yes, ma'am. OK. Ms. Stanley: And how do we... I would like to address that issue. We can vote on... You all can vote on anything here tonight. But we must be able to come back to you. Can you say anything, in your way you write this up tonight, so that things are open for review, so that if what is promised to be done is, in fact, different from what occurs, we have an opportunity, and you have an opportunity to review it and change it? Mayor Clark: You will have an opportunity, and we have the right to make the last decision. Ms. Stanley: All right. Mayor Clark: Thank you. Commissioner Gort: That's the way it is. Ms. Stanley: Thank you. Commissioner Gort: For your information... Ms. Matty Hirai (City Clerk): May I call, Mr. Mayor... Excuse me. Commissioner Gort: All of these are public records, so everybody gets a chance to see them. Mr. Price: And we have no difficulty of having the neighbors present at the time we meet with the... Commissioner Gort: They should be. Mayor Clark: That's what I say. Mr. Hepburn: Mr. Mayor, may we call the roll now? Mayor Clark: Ma'am? Mr. Hepburn: May we call the roll now, sir? Mayor Clark: Yes, you may. 325 May 1, 1995 j. -44 The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO.95-339 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-9 (APPEAL OF A SPECIAL EXCEPTION GRANTED BY THE ZONING BOARD TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA, FOR TWO LOTS WITH A NET LOT AREA OF 22,960 SQUARE FEET AT 3060 ORANGE STREET); FURTHER REQUESTING THE ADMINISTRATION TO MEET WITH THE APPLICANTS AND APPELLANTS OF THIS ISSUE IN ORDER TO RESOLVE THEIR DIFFERENCES IN CONNECTION WITH (1) THE SETBACKS BETWEEN THE BUILDINGS, (2) THE LANDSCAPING AND (3) THE VISITOR PARKING; FURTHER REQUESTING THE ADMINISTRATION TO BRING THIS MATTER BACK TO THE COMMISSION ON MAY 25, 1995, IF POSSIBLE, OR NO LATER THAN JUNE 22, 1995. Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 97. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS -- PROHIBIT PLACEMENT OF DONATION COLLECTION BINS WITHIN ALL ZONING DISTRICTS. (Applicant: Planning, Building & Zoning Dept.) Vice Mayor Plummer: Mr. Mayor, there was only one other item on this agenda that had people here. Commissioner Gort: All these are second reading, so we can go right through them. Mayor Clark: Well, let's get them all. Let's go right... Commissioner Gort: Let's get through them. Mayor Clark: We only got four. Vice Mayor Plummer: OK, all right. Commissioner Gort: Ten. 326 May 1, 1995 Mayor Clark: PZ-10, second reading. Commissioner Gort: Move it. Mayor Clark: Call the... We got to read it? Vice Mayor Plummer: Yes. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO PROHIBIT THE PLACEMENT OF DONATION COLLECTION BINS WITHIN ALL ZONING DISTRICTS; PROVIDING A DEFINITION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner De Yurre, the ordinance was thereupon given its second and final reading, by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Mayor Stephen P. Clark NAYS: Vice Mayor J.L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11255. 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 Plummer: I vote no. I think that these things are good, and that you're going to deny a lot of good charitable causes not to be able to, in fact, collect stuff for their people that are needy, if you require that they have somebody present there. I vote no. 327 May 1, 1995 ;19., ---------------------------------------------------------------------------------------------------------------- 98. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY AND R-2 TWO FAMILY RESIDENTIAL DISTRICTS -- ALLOW CHILD DAYCARE CENTERS WITH A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL EXCEPTION ONLY -- AMEND SECTION 936 BY MODIFYING CERTAIN GENERAL CHILD DAYCARE CENTER REQUIREMENTS. (Applicant: Planning, Building & Zoning Dept.) [KW: day-care] Mayor Clark: Item 11. Vice Mayor Plummer: Eleven. Mr. Sergio Rodriguez (Assistant City Manager): Second reading also. Commissioner Gort: Second. Mayor Clark: All right. Call the roll. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD BY TITLE ONLY.] Vice Mayor Plummer: Mr. Mayor. Mayor Clark: Yes. Vice Mayor Plummer: I got a question on this, and I got a real concern here, very quickly. Mayor Clark: They all got to come back to the Commission, J.L. Vice Mayor Plummer: No, this is second reading, Mr. Mayor. You're talking about next to my house, the house next to mine, an R-1, they can put 20 children - 19 children in there tomorrow for a daycare center. Is that correct? Mr. Sergio Rodriguez (Assistant City Manager): Through a special exception, after having hearings before the Zoning Board. Mayor Clark: You can't do that, that's not automatic. Commissioner Gort: It's got to come in front of us again. Vice Mayor Plummer: Let me tell you something. I think 20 people, I think, is out of the question. That is just unreasonable. Ms. Lourdes Slazyk: They need a class two to... Mr. Rodriguez: You would require a class two, which requires notification to immediately adjacent property owners, which can be appealed to the Zoning Board, and then go to the City Commission. 328 May 1, 1995 f,S:. Vice Mayor Plummer: Sir, I think 19... Mayor Clark: Please, either vote yes or no. Let's go. Vice Mayor Plummer: OK. I'll vote my conscience, and my conscience tells me that's too many, out of the question. Ms. Joyce Nelson: I'd like to speak. Mayor Clark: Please, this is second reading. What? Ms. Nelson: Pardon? Mayor Clark: What did you say? Ms. Nelson: I'd like to speak on this issue. Mayor Clark: Well, speak. Ms. Nelson: I agree with J.L., unfortunately. Vice Mayor Plummer: Uh-oh. Ms. Nelson: It's a first! Vice Mayor Plummer: A few times. Ms. Nelson: Joyce Nelson, 2535 Inagua Avenue. We have a lot of districts in the City of Miami under R-2, and I realize that they can come before this board. Now, no one here is listening to what I'm saying. Mayor Clark: What are you saying? Vice Mayor Plummer: I think it's unreasonable, I really do. Mayor Clark: All right. That's Plummer speaking for you. Ms. Nelson: I'd like to have everybody's attention, really, I would. This is an important issue for the City of Miami. Mayor Clark: Go ahead. Ms. Nelson: You're asking... which a lot of neighborhoods in the City of Miami are R-2. Perhaps the Planning and Zoning Department could highlight how many there are. But just in Coconut Grove, which, obviously, has been my issue, there are many R-2 districts. And you're asking that next to apartment buildings that are R-2, or duplexes, or triplexes, you're going to put a daycare center. Mayor Clark: You can't just do that. Did they explain to you what happens? Ms. Nelson: No. They have to come before you. They have to notify the neighborhood. But, I'm sorry, there's a lot of absentee owners in an R-2 district. You rent them out. Those people are not going to show up. 329 May 1, 1995 Li''� Mayor Clark: Wait, wait, wait, just a moment. Mr. Rodriguez: If I may. Presently, without this initiating ordinance, they can put up to nine children by a class one special permit. Presently, it's allowed a class two special permit to put from ten to 20 children. And only the change that we have here before you tonight is to allow more than that with a special exception would require hearings, and that's what they are voting on here tonight. Vice Mayor Plummer: I'm sorry. I don't want... Ms. Nelson: I disagree. Mr. Rodriguez: If you have a problem with the other one, the Commission can direct us to change the laws and make it more restrictive, but what is before you tonight, only, is special exception for more than 20 children. Mayor Clark: That's the only thing that's before us. Ms. Nelson: And I disagree. We do not need to have more. We... Vice Mayor Plummer: Well, that's even worse, Mr. Mayor, than what I spoke to before, because we're not talking about 19 or less. This speaks to 20 or more. Ms. Nelson: Right. Vice Mayor Plummer: And it doesn't say how many more. It could be 40, it could be 60. Mayor Clark: That has to be regulated, J.L., by the HRS (Housing and Rehabilitative Services). You just can't do that. Vice Mayor Plummer: Well, it's square footage, as far as recreational area. I understand that. But, Mr. Mayor, in an R-1 single-family residence, that is preposterous, in my estimation. Mayor Clark: All right. Call the roll. 330 May 1, 1995 49., An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY AND R-2 TWO FAMILY RESIDENTIAL DISTRICTS, BY ALLOWING CHILD DAYCARE CENTERS WITH A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL EXCEPTION ONLY; BY AMENDING SECTION 936 BY MODIFYING CERTAIN GENERAL CHILD DAYCARE CENTER REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner De Yurre, 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 Wifredo Gort Commissioner Victor De Yurre Mayor Stephen P. Clark NAYS: Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11256. 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. Vice Mayor Plummer: So be it. --------------------------- ------------------------------------------------------------------------------------ 99. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT -- MODIFY SIGN REGULATIONS. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item number 12. Mr. Sergio Rodriguez (Assistant City Manager): PZ-12. Vice Mayor Plummer: I'll recommend your residence, Mr. Mayor, not mine. Mr. Rodriguez: PZ-12 is also second reading, to allow signs in areas like GI (governmental/institutional), for example. The example we had was for the hospital to permit emergency signs entrances, and so on. Mayor Clark: Second reading. 331 May 1, 1995 - "A Vice Mayor Plummer: I have no problem with it. I'll move it. Mayor Clark: All right. Read it. Commissioner Gort: Second. Mayor Clark: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," GJI GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT, BY MODIFYING SIGN REGULATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor 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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11257. 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. ---------------------------------------------------------------------------------------------------------------- 100. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT -- MODIFY REGULATIONS PERTAINING TO DEMOLITION PERMITS, CHAIN LINK FENCES AND SIGNAGE, AND PROHIBITING HEALTH CLINICS, POOL HALLS, BILLIARD PARLORS AND GAME ROOMS. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: Item 13. Mr. Sergio Rodriguez (Assistant City Manager): PZ-13 is a second reading, and it relates to a request from the Upper East Side to require demolition permits, and to have landscaping in areas, and to prohibit fences, chain link fences, and health clinics, and so on, in different parts of the northeast area. 332 May 1, 1995 Vice Mayor Plummer: Move it. Commissioner Dawkins: Second. Commissioner Gort: Second. Mr. Robert Moschell: I'd like to be heard on this issue. Mayor Clark: Read it. Just a minute, you'll have a chance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD BY TITLE ONLY.] Mayor Clark: We recognize you. Mr. David Hoffman: Yes. Thank you, Mayor. David Hoffman, 7540 Northwest 5th Street in Plantation. I've been asked on behalf of the owners of property in this area to ask that you defer this second reading because of some issues related to part of the SD-9 revisions. They support the intent of the SD-9, but as there are some items being changed here to facilitate or help the growth that's going on there, we feel there's a couple of other things that may, in fact, improve this and encourage more development there. Until we have an opportunity, which would be immediately, if you defer the second reading, we'd like to meet with the various departments and explore the possibility of this amendment. Mayor Clark: Pleasure of the Commission. Mr. Hoffman: Thank you. Mr. Moschell: I would like to be heard on this issue. Mayor Clark: Sir? Mr. Moschell: In opposition. Mayor Clark: Yes, sir. Commissioner Dawkins: We're going to still defer it. I mean, you're going to have to speak the next time again. Commissioner Gort: No, we're not going to defer. Mr. Moschell: I'm seeking deferral also, but for another reason. Commissioner Dawkins: Yeah, but if it's deferred, it's deferred. Mr. Joel Maxwell (Deputy City Attorney): You need to identify yourself, please, on the record. Commissioner Gort: Motion for who? Motion for who? Mr. Moschell: My name is Robert Moschell. I'm an attorney appearing on behalf of Thomas E. Kehoe. I appeared on his behalf at the first reading of this ordinance. My address is 19 West Flagler Street in Miami. Mayor Clark: The second reading will be in the second meeting in June. 333 May 1, 1995 tie. Commissioner Gort: This is the second reading today. Mayor Clark: No. This will be deferred until that time. Mr. Moschell: If I may, Mayor, I'm here to ask for a deferral until the Planning Advisory Board comes up with a definition of "health clinics." Commissioner Gort: Didn't you make a motion to approve? Vice Mayor Plummer: That's what I made. Mr. Moschell: And that's in the works right now, and I brought it with me this evening. Right now, you may think you're banning health clinics, but it's not defined. It's being defined, and the Planning Advisory Board deferred it, just this last week, because they could not agree on what a health clinic was. And you're going to ban them. Commissioner Gort: Mr. Mayor, my understanding is the motion on the floor is to approve. Mayor Clark: To defer. Commissioner Gort: No, to approve. Commissioner Dawkins: To defer. A. Quinn Jones, III, Esq. (City Attorney): No. You had a motion on the floor to approve, and you need to withdraw that. Vice Mayor Plummer: The motion is to approve. If you want it to be deferred, I'll defer it, but the motion is to approve. Commissioner Dawkins: To approve. Mayor Clark: All right. Call the roll, then. Vice Mayor Plummer: If you want to defer it, defer it. Ms. Matty Hirai (City Clerk): The motion was after the ordinance was read, and it's for approval. Mayor Clark: All right. Call the roll then. Ms. Hirai: Is it for approval, then? Vice Mayor Plummer: Well wait a minute. Mr. Mayor, I have no objection if we feel that there's a reason for deferment. I'll go either way. Commissioner Gort: Let's see how staff feels about it. Vice Mayor Plummer: Do you feel strongly one way or the other? Mr. Rodriguez: The staff has been working with the Upper East Side for a long time, and we stand by what we have here. 334 May 1, 1995 $0, Vice Mayor Plummer: My motion, then, stands, to approve. Commissioner Gort: Second. Mayor Clark: All right. Go. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 609, "SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT," BY MODIFYING REGULATIONS PERTAINING TO DEMOLITION PERMITS, CHAIN LINK FENCES AND SIGNAGE, AND PROHIBITING HEALTH CLINICS, POOL HALLS, BILLIARD PARLORS AND GAME ROOMS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 27, 1995, was taken up for its second and final reading, by title, and adoption. On motion of Vice Mayor 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 Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11258. 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. 335 May 1, 1995 ---------------------------------------------------------------------------------------------------------------- 101. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401 -- ALLOW "CONTAINER YARDS" AS A CONDITIONAL PRINCIPAL USE IN I -INDUSTRIAL ZONING DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY -- ADD NEW SECTION 942: CONTAINER YARDS, TO IDENTIFY / SPECIFY LIMITATIONS AND CONCERNS ASSOCIATED WITH THE USE -- AMEND SECTION 2502 TO DEFINE CONTAINER YARDS. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item is 14. Vice Mayor Plummer: I'll second 14, but let me tell you something - to the Department. Don't let us get into another Father Mendez' hair, and let him get into ours. I want to make sure that in this particular item, that you got... Let me tell you something. I went by the other night to the container yard up on Miami Avenue. And I want to tell you, that is far from what I would consider to be heavy landscaping. Commissioner Gort: Right. Mayor Clark: It's getting better. Mr. Sergio Rodriguez (Assistant City Manager): Right. This is an improvement. Vice Mayor Plummer: Mr. Mayor, when you're at the bottom of the ladder, there's only one way to go, and that's up. And I want to tell you something. It is a step in the right direction, but I still think they can do better. So all I'm saying is, in passing this motion, don't let us get back into a jam, please. Commissioner Gort: Right. Mayor Clark: All right. There's a motion and a second. You got to read anything? Call the roll. 336 May 1, 1995 An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401 TO ALLOW "CONTAINER YARDS" AS A CONDITIONAL PRINCIPAL USE IN THE I -INDUSTRIAL ZONING DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY; BY ADDING A NEW SECTION 942, ENTITLED "CONTAINER YARDS," TO IDENTIFY AND SPECIFY LIMITATIONS AND CONCERNS ASSOCIATED WITH THE USE; AND AMENDING SECTION 2502 TO DEFINE "CONTAINER YARDS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner De Yurre, seconded by Vice Mayor Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. --------------------------------------------------------------------------------------------------------------- 102. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 608, SD-8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT -- ALLOW "OUTDOOR PHOTOGRAPHIC STAGE SETS" AS A CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT -- AMEND SECTION 2502 TO DEFINE OUTDOOR PHOTOGRAPHIC STAGE SETS. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item, 15. Ms. Matty Hirai (City Clerk): PZ-15. Vice Mayor Plummer: What is an outdoor photographic stage set? Mr. Joe McManus: It's an outdoor stage set. It's like a southern bungalow or a... Vice Mayor Plummer: A what? Mr. Sergio Rodriguez (Assistant City Manager): To shoot commercials. Mr. McManus: And they shoot still photography, or videos, or movies. Vice Mayor Plummer: But, I mean, is it temporary or permanent? 337 May 1, 1995 RW'M Mr. Rodriguez: No. It's as permanent as they want to keep it over there, if it works. Mr. McManus: Yeah. Mr. Rodriguez: The issue is this. They are trying to find a place in Miami where they can start shooting commercials, and so on. This area, because we have good weather, is one that can be seen as a possibility to do it. What is happening is that they have been shooting in Miami Beach until now, and sometimes, that's affected by the traffic, and so on. They believe that by starting shooting over here, it can attract that kind of business to this area, and it can bring other businesses related to this area. That's why we recommend approval. Vice Mayor Plummer: If you think I'm going to vote against this, you're crazy. Commissioner Gort: Move it. Mayor Clark: Wait a minute, it's been... Commissioner Gort: Second. Mayor Clark: It's been moved and seconded. Call the... Read it, read it. Come on, let's go. Commissioner Dawkins: It's unanimous, Mr. Mayor. Commissioner Gort: Move and second. Mayor Clark: It didn't pass yet. You got to read it. Have you got to read it? Commissioner Dawkins: Got to read it. Mayor Clark: Call the roll. 338 May 1, 1995 0 ,fso An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 608, "SD-8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT," TO ALLOW "OUTDOOR PHOTOGRAPHIC STAGE SETS" AS A CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL PERMIT; BY AMENDING SECTION 2502 TO DEFINE "OUTDOOR PHOTOGRAPHIC STAGE SETS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort, seconded by Vice Mayor Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. ---------------------- ----------------------------------------------------------------------------------------- 103. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TEXT, SECTION 401 -- CLARIFY LIST OF PERMISSIBLE USES WITHIN THE C-2 LIBERAL COMMERCIAL ZONING DISTRICT -- AMEND: (1) SECTION 906 TO ADD LANGUAGE REGARDING ALLOWABLE SIZES OF ACCESSORY STRUCTURES; (2) SECTION 915 TO LIMIT OVERALL HEIGHTS OF BUILDINGS WITHIN R-1 AND R-2 ZONING DISTRICTS; (3) SECTION 917 TO ADD LANGUAGE REGARDING ALLOWABLE PARKING MANEUVERS WITHIN RESIDENTIAL DISTRICTS; AND (4) SECTION 2502 TO PROVIDE A DEFINITION AND METHOD OF CALCULATION FOR BUILDING HEIGHT. (Applicant: Planning, Building & Zoning Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Now, just a moment before we finish. Mr. Joel Maxwell (Deputy City Attorney): No, you have 16. Mr. Sergio Rodriguez (Assistant City Manager): Sixteen. Mr. Maxwell: One more item, Mr. Mayor. Mayor Clark: Sixteen, read it. Mr. Maxwell: Motion to approve? 339 May 1, 1995 Commissioner Dawkins: Second, second. Mayor Clark: You got a motion and a second. All right. Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 401, TO CLARIFY THE LIST OF PERMISSIBLE USES WITHIN THE C-2 LIBERAL COMMERCIAL ZONING DISTRICT; BY AMENDING SECTION 906 TO ADD LANGUAGE REGARDING ALLOWABLE SIZES OF ACCESSORY STRUCTURES; SECTION 915 TO LIMIT OVERALL HEIGHTS OF BUILDINGS WITHIN R-1 AND R-2 ZONING DISTRICTS; SECTION 917, TO ADD LANGUAGE REGARDING ALLOWABLE PARKING MANEUVERS WITHIN RESIDENTIAL DISTRICTS; AND BY AMENDING SECTION 2502 TO PROVIDE A DEFINITION AND METHOD OF CALCULATION FOR "BUILDING HEIGHT"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner De Yurre, seconded by Commissioner Dawkins, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark 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. [NOTE: THE CITY COMMISSION CLOSES CONSIDERATION OF THE PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER NON -AGENDA ITEMS.] -------------------------------- -------------------------------- ------------------------------------------------ 104. DISCUSS AND REFER TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSAL TO CODESIGNATE A CITY STREET IN HONOR OF JOHN B. MOBLEY. ---------------------------------------------------------------------------------------------------------------- Commissioner De Yurre: Mr. Mayor, if I may. Mayor Clark: Just a moment. Commissioner Dawkins: Go ahead. I'-11 go after.you. - _ . 340" ..May -1, 1995 mt., Commissioner De Yurre: I'd like to send to the Street Naming Committee the name of John B. Mobley, who was a well respected and active... a civic activist here in this community many years ago, for a... to find a proper street to bear his name. Mayor Clark: All right. Vice Mayor Plummer: Second the motion. Mayor Clark: Cast a unanimous ballot. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO.95-340 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE REQUEST FOR PROPOSED CODESIGNATION OF A CITY STREET IN HONOR OF JOHN B. MOBLEY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ------------------------------------------ --------------------------------------------------------------------- 105. (Continued Discussion) RECONSIDER PRIOR VOTE (95-303.3) WHICH HAD DELETED 3917 WASHINGTON AVENUE FROM THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION (CGLDC) PROPOSAL -- GRANT REQUEST FROM CGLDC TO FUND THREE PROPOSED SITES -- DIRECT MANAGER TO PURCHASE 3917 WASHINGTON AVENUE. (See label 55) Commissioner Dawkins: Mr. Mayor, I'd like to reconsider 47, where I left Coconut Grove out. If I may reconsider. Mayor Clark: Left them out of what? Vice Mayor Plummer: I'll second the motion to reconsider. Commissioner Dawkins: OK. I'd like to move that we give Coconut Grove the three sites that they asked for, and that the fourth site be... I mean, the site where the gentleman was burned out, the City of Miami purchase that, and the City of Miami work with that gentleman to see that, at his age, that he acquire a house, and I so move. Vice Mayor Plummer: I second. 341 May 1, 1995 Mayor Clark: Cast a unanimous ballot, Madam Clerk. The following motions were introduced by Commissioner Dawkins, who moved their adoption: MOTION NO. 95-341 A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON AGENDA ITEM 47, MOTION 95-303.3, WHICH HAD DELETED A SITE AT 3917 WASHINGTON AVENUE FROM COCONUT GROVE LOCAL DEVELOPMENT CORPORATION'S PROPOSAL. MOTION NO. 95-341.1 A MOTION GRANTING REQUEST RECEIVED FROM COCONUT GROVE LOCAL DEVELOPMENT CORPORATION IN CONNECTION WITH THE FUNDING OF THREE PROPOSED SITES; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE THE SITE LOCATED AT 3917 WASHINGTON AVENUE, WHERE A HOUSE BURNED, IN ORDER FOR THE CITY TO ASCERTAIN THAT THE 65-YEAR-OLD GENTLEMAN MENTIONED IN TODAY'S DISCUSSION BE PROVIDED A HOUSE. Upon being seconded by Vice Mayor Plummer, the motions were passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. 342 May 1, 1995 i1a. ---------------------------------------------------------------------------------------------------------------- 106. APPOINT COMMISSIONERS AS CHAIRPERSONS OF CERTAIN BOARDS (EFFECTIVE JUNE 1, 1995): (1) VICE MAYOR PLUMMER - BAYFRONT PARK MANAGEMENT TRUST; (2) COMMISSIONER DE YURRE - MIAMI SPORTS AND EXHIBITION AUTHORITY; (3) COMMISSIONER GORT - DOWNTOWN DEVELOPMENT AUTHORITY; AND (4) MAYOR CLARK AND COMMISSIONER DAWKINS - SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Just a moment, before you leave. Commissioner Dawkins: OK, Mr. Mayor. Mayor Clark: Mr. Plummer now takes over... Commissioner Dawkins: Just get with... Mayor Clark: Hold it, hold it. Listen. Mr. Plummer takes over Bayfront Trust. Mr. De Yurre moves to the MSEA (Miami Sports and Exhibition Authority), Sports Authority. Mr. Gort stays where he's at, at the Downtown Development Authority. And Mr. Dawkins and myself take over the CRA (Community Redevelopment Agency) in Overtown. And those appointments are effective the 1st of June. Vice Mayor Plummer: First of June? Mayor Clark: First of June. OK? Commissioner Dawkins: I don't know why you're sending J.L. Plummer back to Bayfront Park, I really don't. Mayor Clark: He wants to get lost down there in the woods. Commissioner Gort: Well, he goes there every morning. He's going to be able to do it. 343 May 1, 1995 The following resolution was introduced by Mayor Clark, who moved its adoption: RESOLUTION NO. 95-342 A RESOLUTION APPOINTING CERTAIN MEMBER OF THE MIAMI CITY COMMISSION TO SERVE AS CHAIRPERSONS AND CO -CHAIRPERSON ON VARIOUS CITY TRUSTS, AUTHORITIES AND AGENCIES FOR TERMS OF OFFICE AS HEREIN SPECIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 107. (Continued Discussion) AUTHORIZE RENTAL OF A FORKLIFT AT MARINE STADIUM MARINA -- ALLOCATE $34,000. (See label 82) ---------------------------------------------------------------------------------------------------------------- Commissioner De Yurre: Mr. Mayor, as far as that fork lift that I deferred, the rental of that, I have no problem with it. I would move that it be approved. Commissioner Gort: Second. Mayor Clark: Cast a unanimous ballot. 344 May 1, 1995 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-343 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 WRITTEN FINDINGS THAT AN EMERGENCY NEED EXISTS FOR WAIVING THE REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR THE RENTAL OF ONE FORKLIFT FOR THE CONTINUED OPERATION OF THE MARINE STADIUM MARINA, FOR A ONE YEAR PERIOD, AT AN ANNUAL FEE NOT TO EXCEED $36,000; ALLOCATING FUNDS THEREFOR FROM THE MARINE STADIUM MARINA OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH RENTAL AGREEMENT AS MAY BE REQUIRED FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mr. David Alexander: Mr. Mayor and Commissioners, thank you very much, Commissioner Dawkins. Commissioner Dawkins: OK. 345 May 1, 1995 Mayor Clark: Thank you everybody. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:09 P.M. Stephen P. Clark MAYOR ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK